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HomeMy WebLinkAboutAgenda Packet 08.18.2015T. ® I I COUNTY F LORI D A BOARD OF COUNTY COMMISSIONERS AGENDA ST. LUCIE COUNTY Regular Meeting Tuesday, August 18, 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. 2 TOD MOWERY District No. 4 FRANNIE HUTCHINSON Mission Statement To provide service, infrastructure and leadership necessary to advance a safe and sustainable community, maintain a high quality of life, and protect the natural environment for all our citizens Generated 811712015 9:57 AM Regular Meeting Tuesday, August 18, 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, August 18, 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, August 04, 2015 5. PUBLIC COMMENT (excluding Public Hearing items) 6. PROCLAMATIONS APPROVAL There are no items scheduled. 7. PRESENTATIONS St. Lucie County Public Library Update - Susan Jacob, Manager of the Library Division 8. CONSENT AGENDA A. WARRANTS Warrant Lists 44 & 45 B. ADMINISTRATION There are no items scheduled. C. COUNTY ATTORNEY 1. Resolution - Amending the Library System's Patron Code of Conduct Staff recommends Board approval of the amended Patron Code of Conduct and authorization for the Chair to sign documents as approved by the County Attorney. 2. Second Amendment to the Facility Use Agreement for the St. Lucie County Health Access Network C10-01-016 Staff recommends Board approval of the Second Amendment to the St. Lucie County Health Access Network Facility Use Agreement and authorization for the Chair to sign documents as approved by the County Attorney. 3 1 P a g e Regular Meeting Tuesday, August 18, 2015 9:00 AM 3. Revocable License Agreement - Kevin Parker - 5203 South Indian River Drive - Parcel 3401-600-0004-000-0 Staff recommends that the Board approve the Revocable License Agreement, authorize the Chair to sign the Revocable License Agreement and direct Mr. Parker to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. 4. Interagency Agreement with the Florida Department of Juvenile Justice for the Operation of the Juvenile Assessment Center for FY15 Staff recommends that the Board approve the Interagency Agreement with the DJJ for the operation of the JAC Center for FY15/16. Since DJJ is a Department of State Government, this Agreement can be approved without an RFP. 5. Transit Shelter Agreement - Church of God by Faith, Inc. Staff recommends Board approval of the Transit Shelter Agreement - Church of God By Faith, Inc. and authorization for the Chair to sign documents as approved by the County Attorney. 6. Permission to Advertise - Amendment to Alarm Ordinance Staff requests permission to advertise a proposed Ordinance for public hearing on September 15, 2015, at 9:00 a.m., or as soon thereafter as may be heard. 7. Resolution - Amendment to the Investment Policy Staff recommends that the Board adopt the attached Resolution and authorize the Chair to sign the Resolution. 8. Resolution - Revisions to the Policy and Procedures of the Accident Review Committee to add the definition of an Employee Injury Staff recommends that the Board of County Commissioners adopt the Resolution and authorize the Chair to sign the resolution as prepared by the County Attorney's Office. 9. Resolution - Amended and Restated Solid Waste Tipping Fees Staff recommends that the Board adopt the Resolution and authorize the Chair to sign documents as approved by the County Attorney. D. COMMUNITY SERVICES 1. Public Library Construction Grant - Rosser Boulevard Branch Library Staff recommends Board approval of the Grant Agreement and authorization for the Chair to sign documents as approved by the County Attorney. 2. Resolution - SAFER St. Lucie Community Education and Outreach Agreement Staff recommends Board acceptance of the agreement with SAFER St. Lucie, approval of Budget Resolution and Position Request and authorization for the Chair to sign 4 1 P a g e Regular Meeting Tuesday, August 18, 2015 9:00 AM documents as approved by the County Attorney. 3. Invitation to Bid (ITB) No. 7 Staff recommends Board approval to award ITB No. 7 to One Construction Services in the amount of $52,700.00 and authorization for the Chair to sign documents as approved by the County Attorney. E. COURT ADMINISTRATION There are no items scheduled. F. ENVIRONMENTAL RESOURCES There are no items scheduled. G. HUMAN RESOURCES There are no items scheduled. H. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. I. OFFICE OF MANAGEMENT & BUDGET 1. Request for Qualifications (RFQ) No. 15-033, Professional Engineering Services for Bridge Evaluation & Design Services - Continuing Contracts Staff recommends Board approval of the short-listed firms for Professional Engineering Services for Bridge Evaluation & Design Services - Continuing Contract and permission to: Conduct contract negotiations with the successful short-listed firms; If negotiations are successful, award contract to the successful short-listed firms and authorization for the Chair to sign the documents as prepared 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 the St. Lucie County Board of County Commissioners and the St. Lucie County Health Department. J. PARKS, RECREATION & FACILITIES Waiver of Calvin R. Triplett Field Facility Rental Fees - Girl Scouts of Southeast Florida Staff recommends Board approval to waive $303.75 in facility rental fees for the Girl Scouts of Southeast Florida for their annual recruiting effort on Saturday, September 12, 5 1 P a g e Regular Meeting Tuesday, August 18, 2015 9:00 AM 2015, at Calvin R. Triplett Field. K. PLANNING & DEVELOPMENT SERVICES 1. Airport Security Improvements Resolution - Board Acceptance of FDOT Funds for Security Improvements at the St. Lucie County International Airport Staff recommends Board approval of the Budget Resolution establishing the fund for the Security Improvements at the St. Lucie County International Airport and authorization for the Chair to sign documents as approved by the County Attorney. 2. Airport Hanger and Office Sublease - Between Bell Aircraft, LLC & Fort Pierce FBO, LLC Staff recommends that the Board of County Commissioners consent to the proposed hangar sublease between Fort Pierce FBO, LLC and Bell Aircraft, a Florida LLC, and authorize the Chair to sign the Consent of Master Ground Lessor. L. PUBLIC SAFETY & COMMUNICATIONS There are no items scheduled. M. PUBLIC WORKS 1. Jenkins Park/Starcher MSBU Staff recommends Board approval of the Interlocal Agreement with the St. Lucie County Tax Collector for the Jenkins Park/Starcher MSBU and authorization for the Chair to sign documents as approved by the County Attorney. 2. Bid Award - Indian River Estates Stormwater Improvements Phase II Staff recommends Board approval of contract award to Melvin Bush Construction, Inc. in the amount of $839,648.70 for completion of the North Section and contract award to PRP Construction Group, LLC in the amount of $1,015,777.40 for completion of the South Section of Indian River Estates Stormwater Improvements Phase II. Approval of the Eighth Amendment to the contract (C10-02-280) with Inwood Consulting Engineers, Inc. in the amount of $199,956.00 and authorization for the Chair to sign documents as approved by the County Attorney. N. SHERIFF'S OFFICE There are no items scheduled. O. SOLID WASTE Bid Waiver and Sole Source Determination FY15-16 Staff recommends Board approval of bid waiver and sole source determination for the purchase of parts and service for various heavy and other specialized equipment at Solid 6 1 P a g E Regular Meeting Tuesday, August 18, 2015 9:00 AM Waste & Bridge and authorization for the Chair to execute contracts as approved by the County Attorney. P. SUPERVISOR OF ELECTIONS There are no items scheduled. Q. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. R. UTILITIES 7 1 P a g e Regular Meeting Tuesday, August 18, 2015 9:00 AM There are no items scheduled. 9. PUBLIC HEARINGS There are no items scheduled. 10. REGULAR AGENDA There are no items scheduled. 11. ANNOUNCEMENTS A. The Board of County Commissioners will hold a Regular Board Meeting on Tuesday, September 1, 2015 at 6:00 p.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. B. The Board of County Commissioners will hold the Preliminary Budget Public Hearing on Thursday, September 3, 2015 at 6:00 p.m. in the County Commissioners Chambers. C. County offices will be closed on Monday, September 7, 2015 to observe Labor Day. D. The Board of County Commissioners will hold an Informal Meeting on Tuesday, September 8, 2015 at 9:00 a.m. in Conference Room #3 on the third floor of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. E. The Board of County Commissioners will hold a Regular Board Meeting on Tuesday, September 15, 2015 at 9:00 a.m. in the County Commission Chambers on the third floor of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. F. The Board of County Commissioners will hold the Final Budget Public Hearing on Thursday, September 17, 2015 at 6:00 p.m. in the County Commissioners Chambers. 12. MOTION TO ADJOURN 8 1 P a g e S■TkaL■(di 1 E COUNTY F L O R I D A BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA Regular Meeting August 4, 2015 Convened: 6:00 PM Adjourned: 7:12 PM 1. CALL TO ORDER The meeting was called to order at 6:00 PM by District No. 3, Chair Paula A. Lewis Attendee Name 0 Title District No. 3, Chair District No. 5, Vice -Chair District No. 1 Status Arrived Paula A. Lewis Present 6:00 PM Kim Johnson Present 6:00 PM Chris Dzadovsky Present 6:00 PM Tod Mowery District No. 2 Present 6:00 PM Frannie Hutchinson District No. 4 Present 6:00 PM Howard Tipton Administrator Present 16:00 PM Bob Adolphe Deputy County Administrator Present 6:00 PM Mark Satterlee Deputy County Administrator Present 6:00 PM Daniel S. McIntyre County Attorney Present 6:00 PM Katherine Barbieri Asst. County Attorney Present 6:00 PM Edward Matthews Parks, Recreation & Facilities Director Present 6:00 PM Don West Public Works Director Present 6:00 PM Laurie Waldie Utility Director Present 6:00 PM Beth Ryder Community Services Director Present 6:00 PM Leslie Olson Planning Manager Present 6:00 PM Ceretha Leon Human Resources Director Present 6:00 PM Shai Francis Director Present 6:00 PM Ron Roberts Solid Waste Director Present 6:00 PM Sue Korunow Clerk to the Board Present 6:00 PM W Z 9 U- O J O W a a a Generated 81712015 10:54 AM Packet Pg. 9 Regular Meeting Tuesday, August 4, 2015 6:00 PM 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES Board of County Commissioners minutes for the meeting of Tuesday, July 21, 2015 RESULT: ACCEPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5, Vice -Chair SECONDER: Chris Dzadovsky, District No. 1 AYES: Lewis, Johnson, Dzadovsky, Mowery, Hutchinson 5. PUBLIC COMMENT (excluding Public Hearing items) Dominique Claudio, 148 SW Ridgecrest Drive, Port St. Lucie, FL - A student at Keiser University where her major is psychology came to address the Board about investing in Tourism. She commented on the existing tourism activities but feels there are not enough activities and the existing ones are located in Fort Pierce which she feels is not the most safe area. She stated something either needs to be done about the crime so the existing activities can be expanded or something needs to be built in Port St. Lucie. Her solution would be to build a mall or "City Place" like area which is all inclusive. She suggested a water park or zoo with the understanding there would be a cost involved with the items but tourism would benefit the county and outsiders who are visiting the area while provide a safe and fun time. As the Chairman of the Tourism Development Committee, Commissioner Dzadovsky stated he appreciated her comments and talked about the existing tourism investments around the county which have been completed. He invited her to the next Tourism Development Council Meeting so she might share her comments with the Council and hear their plans for the future. He asked her to email him so he can provide her with the next agenda. Commissioner Johnson encouraged Ms. Claudio to go downtown Fort Pierce to see what is going on and really experience it. Charlotte Stevenson, 2374 SE Calcutta Circle, Port St. Lucie, FL - A student at Keiser University who is enrolled in forensic sciences spoke on the violent crime in Fort Pierce. She quoted statistics she had gathered for Fort Pierce regarding the crime rate, violent crimes and most dangerous places to live. She stated the chances of becoming a victim of one of those violent crimes in Fort Pierce were 1 in 73 and in Port St. Lucie they were reduced to 2 in 1000. She suggested enlisting the participation of community to assist with the problem. The Board thanked her for her ccomments. Mike Martin, 4200 N. Hwy A1A, N. Hutchinson Island, FL - Came to ask when they would be done working on the old bridge stating they have to wait a very long time to get over the bridge. He said there is never anyone working there, people just walking over the bridge or just talking to the gate keeper but their doesn't ever seem to be anyone working on the bridge. i» w E- z 2 U_ O J O a a Q 2 1 P a g e Packet Pg. 10 Regular Meeting Tuesday, August 4, 2015 6:00 PM Commissioner Dzadovsky asked if he had looked under the bridge where they are working on the structure and Mr. Martin stated he didn't see anyone working there either. Deputy County Administrator stated there is information on the County's website regarding the timeline for the repairs on the bridge and he would provide that information to Mr. Martin after the meeting. Raleigh Anderson, 2272 SE Main Street, Port St. Lucie, FL - A student at Keiser University majoring in criminal justice came to speak about the employment rate in the county area. He spoke about the employers who since 2013 have had closures or lay-offs which have had an affect on the unemployment rate. He spoke about residential infrastructure in the area and suggested some ways to assist the problems in the area such as more public transportation in the area, more tourist attractions, special tax breaks to corporations to draw them to the county and create jobs and revenue and add more to the Civic Center in Port St. Lucie to help attract people to the area and help generate more jobs and tax revenue. Commissioner Lewis confirmed they were aware of the need for economic development and are working on a plan to remedy it. Commissioner Mowery commented on the Civic Center and the plan that was in place prior to the market crash. That plan was withdrawn due to the crash and another vendor purchased the Center but at this time nothing is forthcoming. Commissioner Johnson stated they hear all the public's concerns and wanted to ensure they are doing what can be done to work towards making a difference. Commissioner Mowery spoke on crime in other areas and comparisons with the County about the things the county is doing to move forward towards having a banner year. Commissioner Johnson spoke about the joint effort with the Cities of Fort Pierce and Port St. Lucie against crime. George MacArthur, 5063 Melissa Lane, Fort Pierce, FL - Spoke about public transportation in the county. He talked about the lack of transportation to the St. Lucie County Airport and suggested options such as developing public transportation which would include parking near 195 or the Turnpike then people would transport by bus or light rail or transportation could be looped all the way to downtown Fort Pierce. This would be an alternative to building bigger, more congested roads near the airport and still meet the needs of the growing air transport system. U) w z LL O J Q O W IL IL a 3 1 P a g e Packet Pg. 11 Regular Meeting Tuesday, August 4, 2015 6:00 PM 6. PROCLAMATIONS APPROVAL There are no items scheduled. 7. PRESENTATIONS There are no items scheduled. COMMENTS 6 w Commissioner Lewis noted the changes to the Agenda as follows: z 2 ADD ON: CONSENT AGENDA U_ 0 ADMINISTRATION J 8B. 3020: OF/IFAS MOU 0 o: COUNTY ATTORNEY a- a 8C. 3001: First Amended and Restated Indian River Lagoon National Estuary Program Interlocal Agreement Q MOVED FROM CONSENT AGENDA: PLANNING & DEVELOPMENT SERVICES Item 9A2. Ordinance Amending the Text of the Land Development Code Pertaining to the Eminent Domain Waiver Process - 1st Waiver 8. CONSENT AGENDA RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. S, Vice -Chair SECONDER: Chris Dzadovsky, District No. 1 AYES: Lewis, Johnson, Dzadovsky, Mowery, Hutchinson A. WARRANTS Warrant Lists 41 - 44 B. ADMINISTRATION Memorandum of Understanding (MOU) Between St. Lucie County and OF/IFAS C. COUNTY ATTORNEY 4 1 P a g e Packet Pg. 12 Regular Meeting Tuesday, August 4, 2015 6:00 PM 1. Revised Agreement with Green3Power St. Lucie, LLC - Development of a Gasification Facility to Process Municipal Solid Waste for St. Lucie County 2. First Amended and Restated Indian River Lagoon National Estuary Program Interlocal Agreement 3. Revocable License Agreement - Paradise Park Addition - Robinson - Parcel ID Numbers: 1433-801-0139-000-5, 1433-801-0145-000-0 and 1433-801-0146-000-7 4. Byrne Memorial Justice Assistance Grant FFY 2015 D. COMMUNITY SERVICES w E- z 1. Resolution - Shelter Plus Care Chronic Homelessness Grant Renewal (FL03971-41-1091404) 2 U- O 2. Resolution - Shelter Plus Care Grant Renewal (FL03101-41-1091406) Q 3. Resolution - State Housing Initiative Partnership (SHIP) FY 2015/2016 a E. COURT ADMINISTRATION IL g There are no items scheduled. F. ENVIRONMENTAL RESOURCES State of Florida Department of Corrections Inmate Work Program Contract 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 There are no items scheduled. K. PLANNING & DEVELOPMENT SERVICES 5 1 P a g e Packet Pg. 13 Regular Meeting Tuesday, August 4, 2015 6:00 PM 1. Install & Rehabilitate Airport Navaids Budget Resolution Board Acceptance of FDOT Funds for the Installation & Rehabilitation of Airport Navaids 2. Acceptance of Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) for the Design and Construct Airport Access Road Project 3. Design & Construct 10L/28R South Apron Resolution - Board Acceptance of FDOT funds for the Design & Construction of the 10L/28R South Apron 4. Airport Hanger and Office Sublease - Between Werner Amstutz & Fort Pierce FBO, LLC L. PUBLIC SAFETY & COMMUNICATIONS There are no items scheduled. M. PUBLIC WORKS Verada Ditch - Amendment No. 2 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 A. PLANNING & DEVELOPMENT SERVICES 1. Ordinance - Proposed Future Land Use Map Amendment to Commercial, Ruffin Properties, LLC - 2nd Reading Senior Planner provided background information on the ordinance and a presentation noting it was being brought before the Board to correct an error in the legal description attached to Ordinance 15-003, approved by the Board of County Commissioners at a 6 w z 2 U- 0 J a 0 W a a Q 6 1 P a g e Packet Pg. 14 Regular Meeting Tuesday, August 4, 2015 6:00 PM public hearing on April 7, 2015. In order to correct the error, the Future Land Use Map Amendment and concurrent rezoning must be reprocessed through three public hearings. There was no new substantive data or analysis presented. Staff requested the full data analysis be included in the minutes, therefore it will be printed and attached to the hardcopy permanent record. Dennis Murphy was present for questions from the Board. There were no comments from the public or the Board. Staff recommended Board approval to transmit the proposed large-scale Future Land Use Map Amendment to the State Department of Economic Opportunity and surrounding jurisdictions for review and comment. Although no vote was required for the approval of the 1st reading, County Attorney's counsel was to move forward with a vote as follows: Commissioner Johnson moved, Commissioner Hutchinson seconded, approval of retransmission of the proposed large-scale Future Land Use Map Amendment to the State Department of Economic Opportunity and surrounding jurisdictions for review and comment, and; upon roll call, motion carried unanimously. RESULT: 1ST READING APPROVED Next: 10/6/2015 6:00 PM 2. Ordinance - Amending the Text of the Land Development Code Pertaining to the Eminent Domain Waiver Process - 1st Hearing Senior Planner provided background information on the ordinance amending the text of the Land Development Code pertaining to the Eminent Domain Waiver (EDW) process - 1st Hearing. She outlined the benefit of the process and specifications of the previous waiver vs. the proposed amendment. Staff requested permission to schedule the second and final adoption hearing for Tuesday, September 1, 2015. PUBLIC HEARING: Richard Neal, local attorney - Spoke about the timing issues regarding the EDW processes which could occur noting he would be unable to attend the September 1st meeting. County Attorney recommended the Board pass a motion to schedule the second and final adoption hearing for the Ordinance Amending the Test of the Land Development Code pertaining to the Eminent Domain Waiver process for Tuesday, September 1, 2015 at 6:00 PM or as soon thereafter as may be heard. 6 w z U_ 0 J a 0 Ix a a Q 7 1 P a g e Packet Pg. 15 Regular Meeting Tuesday, August 4, 2015 6:00 PM B C. It was moved by Commissioner Dzadovsky, seconded by Commissioner Johnson, to approve per the discussion held, and; upon roll call, motion carried unanimously. RESULT: 1ST READING APPROVED Next: 9/1/2015 6:00 PM PUBLIC WORKS Resolution - Property Clean-up Special Assessment District MSBU Project Manager provided background information on the proposed resolution. Staff noted 42 properties were currently on the 2015 Property Clean-up Special Assessment District Roll with assessment amounts ranging from $345.74 to $3,595.74. Actions taken by the county include, but are not limited to mowing, trimming bushes, trees & shrubs and securing windows, skylights, doors & pools. Staff provided further information on the notification of affected property owners and assessments on owners annual tax bills if not owner remedied. PUBLIC HEARING: An affected homeowner spoke regarding the assessment and her property asking if there was still an opportunity to make payment on the assessment without the amount being added to her annual tax bill. Staff confirmed she would be able to make payment on the cost up until September 1, 2015. Staff recommended Board approval of the Property Clean-up Special Assessment District 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, Mowery, Hutchinson COUNTY ATTORNEY 3008 : Request for an Order to Demolish Unsafe Structure at 199 Tumblin Kling Road, Fort Pierce, FL Assistant County Attorney provided background information with photos of the subject property Staff recommended, pursuant to the provisions of Section 7-42 of the St. Lucie County Code of Ordinances and Compiled Laws, Board give the Code Enforcement Department permission to proceed to use the lowest bidder to demolish the structure and clean the property of all junk, trash and debris, and assess the entire cost of such demolition against the real property which shall constitute a lien payable to St. Lucie County. 6 w E- z 2 U_ O J O a a Q 8 1 P a g e Packet Pg. 16 Regular Meeting Tuesday, August 4, 2015 6:00 PM PUBLIC HEARING: Ray Villanova, Owner of structure at 199 Tumblin Kling Road, Fort Pierce, FL - Mr. Villanova spoke on the difficulties he had encountered with his insurance company not moving forward with settling the claim and them hindering his ability to proceed with the demolition or granting the ability to enter the property to ascertain if there are any salvageable property within the structure prior to demolition. Owner requested an additional 60 days to prepare for demolition and permission to demolish the home personally. The Owner is a licensed contractor and states he is able to perform the task himself or hire necessary crew to perform the job. Board members asked Mr. Villanova questions regarding his ability to perform the project as well as the status of the insurance claim. They also spoke with staff regarding statues and the ability to pass the Order with and extension allowing Mr. Villanova time to proceed with demolition; if he did not perform said demolition within stated time frame the County will proceed with the original Order to Demolish the Structure. Wayne Davis, 197 Tumblin Kling Rd, Fort Pierce, FL - Mr. Davis expressed concern for Mr. Villanova while requesting the Board confirm Mr. Villanova's qualifications as a demolition contractor prior to allowing him to perform the demolition should the Board rule in his favor. He feels the job property needs to be taken care of immediately, not delayed any longer and prefers the county move forward with the demolition. Commissioners discussed the timeline in regard to hurricane season and felt 30 days would be sufficient time frame to perform the demolition and asked that it be added to the Order. It was noted if Mr. Villanova provides the demolition, he would be required to pull a demolition permit. At the time of application his qualifications would be verified by the Building and Code Department. It was moved by Commissioner Hutchinson, seconded by Commissioner Dzadovsky, to approve the Request for an Order to Demolish Unsafe Structure at 199 Tumblin Kling Road, Fort Pierce, FL directing staff not to execute order for 30 days. If owner does not demolish within 30 day extension; County will proceed with demolition as ordered, and; upon roll call, motion carried unanimously. 6 w E- z U- 0 J a 0 o: a a Q 9 1 P a g e Packet Pg. 17 Regular Meeting Tuesday, August 4, 2015 6:00 PM RESULT: APPROVE [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Chris Dzadovsky, District No. 1 AYES: Lewis, Johnson, Dzadovsky, Mowery, Hutchinson 10. REGULAR AGENDA There are no items scheduled. T 11. ANNOUNCEMENTSLU z A. The Board of County Commissioners will hold an Informal Meeting on August 11, 2015 at 9 am U- in Conference Room #3. 0 J a B. The Board of County Commissioners will hold a Regular Board meeting on August 18, 2015 at 9 00 am in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 a Virginia Avenue, Fort Pierce, FL. Q C. The Board of County Commissioners will hold a Regular Board meeting on September 1, 2015 at 6 pm in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 12. MOTION TO ADJOURN There being no further business to be brought before the Board, the meeting was adjourned Please Note: Final minutes are recorded in the official minute books that are filed with the Clerk of the Circuit Court and available for inspection upon request. 10 1 Packet Pg. 18 07/31/15 FZABWARR FUND TITLE 001 001460 001534 001538 001550 001560 001563 001567 001568 001571 101 101001 101002 101003 101004 102 102001 102114 102813 104003 107 107001 107002 107003 107006 107183 ill 112 120 122 126 129 130 130102 130119 139 140 140376 160 183 183004 183006 185015 189109 189110 190 215 310001 ST. LUCIE COUNTY - BOARD WARRANT LIST #44- 25-JUL-2015 TO 31-JUL-2015 FUND SUMMARY General Fund FCTD Planning Grant Metropolitan Planning/Section 5303 HUD Neighborhood Stab 3 HUD Shelter Plus Care Section 112/MPO/FHWA/Planning HUD CDBG FY 2013 DHS - CSBG FY 2015 Supp Svcs Veterans Families 2015 Safe Routes to School Transportation Trust Fund Transportation Trust Interlocals. Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU Citrus & Saeger Strmwtr Treatment White City Drainage Citrus & Saeger Hurricane Frances Donations 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 USDOJ Edward Byrne Grant River Park I Fund River Park II Fund The Grove Fund Indian River Estates Fund Southern Oak Estates Lighting Parks MSTU Fund SLC Public Transit MSTU FTA 5307-ARRA 2009 Capital Projects FTA 5307 FY13 Palm Grove Fund Airport Fund FDOT New Port Ent 2nd street Imp Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Admin.- Teen Court Guardian Ad Litem Fund FHFC SHIP 2014-2015 Home Consortium 2013 Home Consortium 2014 Sports Complex Fund Sales Tax Revenue Bonds I&S Fund Impact Fees -Library EXPENSES 1,707,137.42 0.00 0.00 0.00 88.46 35,495.16 654.00 31, 987.50 0.00 0.00 11,137.34 0.00 15,854.36 1,377.00 15,462.47 0.00 9, 942.27 2,654.14 2,504.00 360.00 252,368.23 27,468.89 0.00 162.95 1,033.60 2,189.75 3,257.18 751.23 225.50 1,055.23 156.59 45,365.00 750.60 5, 642.00 0.00 970.43 197.22 18,480.08 21,652.76 1,398.77 1,516.92 434.57 0.00 0.00 2,872.00 8,374.69 500.00 10,747.69 PAGE PAYROLL 544,592.78 312.64 1,365.49 2,067.93 64.72 9, 171.35 339.39 3, 871.20 449.60 1, 040.94 33,352.36 1,341.61 51,113.67 15,169.31 53,953.46 55,432.18 11,383.72 6, 486.97 0.00 0.00 153,208.74 1, 029.23 1,029.23 0.00 11,271.94 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,495.05 5.70 0.00 10,578.02 0.00 2, 926.58 4, 897.48 3,275.73 0.00 962.30 628.69 592.41 23, 647.78 0.00 0.00 1 Packet Pg. 19 07/31/15 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #44- 25-JUL-2015 TO 31-JUL-2015 FUND SUMMARY FUND TITLE 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 131,132.00 523,050.47 149,410.98 451,873.79 4,472.87 9, 660.86 0.00 11,626.28 0.00 0.00 179.48 21,671.73 362.50 0.00 98.00 25,072.36 6,863.57 3,577,700.89 PAGE 2 PAYROLL 0.00 0.00 0.00 84,287.11 15,664.43 6,438.51 679.00 9, 154. 94 1,292.80 1,278.56 31,243.19 0.00 2, 648.89 2, 741.20 2,488.72 0.00 0.00 1, 164, 975. 55 H z a Ln I* 0a A J C M L L M V c� cG C �O♦ V Packet Pg. 20 08/07/15 FZABWARR FUND TITLE 001 001538 001550 001560 001563 001567 001568 101 101002 101003 101004 102 102001 104003 107 107001 107003 107006 115 118 121 130 130102 130111 130119 140 140001 140376 160 183 183001 183004 184217 184221 185014 190 310001 318 39012 401 418 451 471 491 505 505001 611 650 ST. LUCIE COUNTY - BOARD WARRANT LIST #45- 01-AUG-2015 TO 07-AUG-2015 FUND SUMMARY General Fund HUD Neighborhood Stab 3 HUD Shelter Plus Care Section 112/MPO/FHWA/Planning HUD CDBG FY 2013 DHS - CSBG FY 2015 Supp Svcs Veterans Families 2015 Transportation Trust Fund Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU Hurricane Frances Donations Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology Sheraton Plaza Fund Paradise Park Fund Blakely Subdivision Fund SLC Public Transit MSTU FTA 5307-ARRA 2009 Capital Projects FTA Cap Buses State of Good Repair FTA 5307 FY13 Airport Fund Port Fund FDOT New Port Ent 2nd street Imp Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court S SLC Beach Rest 13SL1 S SLC Beach Restoration & Monit FHFC SHIP 2013-2014 Sports Complex Fund Impact Fees -Library County Capital -Transportation Bond S.Hutch Beach&Dune Restoration SAD Sanitary Landfill Fund Golf.Course Fund S. Hutchinson Utilities Fund Water & Sewer District Operations Building Code Fund Health Insurance Fund Risk Management Fund Tourist Development Trust-Adv Fund Agency Fund EXPENSES 493,309.49 178.14 62.00 1,384.60 836.00 2, 602.95 1,071.36 515.87 53,337.89 18,736.23 182.80 5,270.90 1,815.85 80.00 50,381.84 2,739.00 29,155.54 20,535.13 613.83 850.28 85.62 1,165.83 17,097.00 341,610.00 341,610.00 2, 677. 67 4,793.47 84,642.93 220.38 2,381.06 640.00 3,646.75 231;258.29 25,103.00 16,900.00 28,691.13 11,806.92 38,519.64 261,071.96 51,857.00 20,513.37 98.20 4,020.88 178.60 23,792.91 12,707.10 8,351.78 8, 650.88 PAGE 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 0.00 796.80 0.00 0.00 0.00 1 Packet Pg. 21 08/07/15 FZABWARR FUND TITLE 801 Bank Fund ST. LUCIE COUNTY - BOARD WARRANT LIST #45- 01-AUG-2015 TO 07-AUG-2015 FUND SUMMARY EXPENSES 28,578.87 GRAND TOTAL: 2,256,330.94 PAGE 2 PAYROLL 0.00 796.80 Packet Pg. 22 8.C.1 ITEM NO. RES-2015-138 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Katherine Barbieri, Asst. County Attorney County Attorney DATE: 08/18/2015 *CONSENT AGENDA\COUNTY ATTORNEY Resolution - Amending the Library System's Patron Code of Conduct On January 12, 2015, the Library Advisory Board reviewed and discussed preliminary draft(s) of an updated Library System's Code of Conduct for Patron of St. Lucie County. On April 20, 2015, the Library Advisory Board adopted the amended Patron Code of Conduct. On July 20, 2015, the Library Advisory Board adopted the amended Patron Code of Conduct which included the appeals statement. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board approval of the amended Patron Code of Conduct and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures Danie s. McIntyre, CoAnty ttorney 8/3/2015 Packet Pg. 23 8.C.1.a Library System, library stluof"eco.ggy 1111 1 11 1 Welcome! The Library's mission is to advance knowledge, inspire lifelong learning and to strengthen our community. The Library's "Code of Conduct" is designed to foster this mission. Toward these ends, certain behavior becomes unacceptable when it interferes with this mission and compro- mises the rights of others, causes damage to the buildings, equipment or materials, or causes injury to oneself or others. The Library System is supported by the taxes of the residents of St. Lucie County who have a right to expect each of our facilities to be clean, pleasant and safe places for selecting materials, browsing, reading, researching, writing, using Wi- Fi, thinking, and attending Library programs. Those willing to cease unacceptable behavior are always welcome to stay. However, those unable to comply will be asked to leave. If necessary, the authorities will be called. Parents, guardians, and/or caregivers are solely responsible for the safety and behavior of their children. They are advised that children, like all Library users, are expected to comply with the Library's "Code of Conduct," and a child who violates those rules may be asked to leave Library premises. People who have received a notice that restricts future access to the Library may request a hear- ing. The request must be made in writing within 48 hours of the notice (exclusive of weekends and holidays). The Library Manager will conduct an informal hearing of the people involved in the incident. At the conclusion of the hearing, the Manager may affirm, modify, or cause the notice to be canceled. An appeal of the Manager's deci- sion may be made to the County Administrator. Packet Pg. 24 1 Examples of unacceptable Library behavior inclu 8•c.1.a • Abusing or harassing Library patrons or staff physically or verbally. • Abusing or vandalizing Library buildings, materials, computers, equipment or other property. • Bathing, shaving, or washing clothes or other inappropriate use of the restrooms. • Begging, soliciting, hawking, peddling and/or other forms of commercial activity. • Behaving in a manner which reasonably can be expected to disturb other patrons or staff. • Being loud, unruly or boisterous. • Bicycling, roller skating and/or skateboarding on Library property. • Bringing animals, except service animals for persons with disabilities, into the Library. • Bringing weapons, or facsimiles thereof, into the Library unless authorized by law. • Consuming or possessing any food or beverage at a Library computer work station; small wrapped foods or dry snacks and beverages in covered containers are permitted in other Library areas. • Engaging in sexual activity including inappropriate displays of public affection. • Entering staff areas of the facility without being accompanied by a Library employee. • Entering without shirts and shoes. • Harassing, intimidating, stalking or prolonged staring at patrons or staff. • Leaving individuals, minors or adults requiring care or supervision unattended for long periods of time or at closing. • Loitering, sleeping or the giving the appearance of sleeping. • Misusing the computers. • Operating a radio, telephone or other device at a volume that others can hear. • Placing feet on table or chairs. • Possessing, consuming or being under the influence of alcohol or illegal drugs. • Running, throwing or other forms of physical activity inappropriate in a Library setting. • Smoking or using other tobacco products including smoke- less cigarettes. • Stealing. • Violating an active trespass warning. • Violating the St. Lucie County Library System's Internet Policy. • Wearing perfumes or having bodily hygiene that generates strong odors that is so offensive as to constitute a nuisance or health risk to others. Approved by the St. Lucie County Library Adviso 07/20/2015 Packet Pg. 25 8.C.1.b RESOLUTION NO. 15 - XXX A RESOLUTION AMENDING THE PATRON CODE OF CONDUCT FOR THE LIBRARY SYSTEM OF ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners for St. Lucie County, Florida (the "Board") has made the following determinations: WHEREAS, on January 12, 2015, the Library Advisory Board reviewed and discussed preliminary draft(s) of an updated Library System's Code of Conduct for Patron of St. Lucie County. WHEREAS, on April 20, 2015, the Library Advisory Board adopted the amended Patron Code of Conduct for St. Lucie County. WHEREAS, on July 20, 2015, the Library Advisory Board adopted the amended Patron Code of Conduct which included the appeals statement. Florida: ATTEST: NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, 1. The Board does hereby adopt the amended Patron Code of Conduct to include the appeals statement, attached hereto and incorporated herein as Exhibit "A". After motion and second, the vote on this resolution was as follows: Chair, Paula A. Lewis XXX Vice Chair, Kim Johnson XXX Commissioner Chris Dzadovsky XXX Commissioner Tod Mowery XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED this day of 2015. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Packet Pg. 26 8.C.2 ITEM NO. (ID # 2962) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Katherine Barbieri, Asst. County Attorney County Attorney DATE 08/18/2015 *CONSENT AGENDA\COUNTY ATTORNEY Second Amendment to the Facility Use Agreement for the St. Lucie County Health Access Network C10-01-016 St. Lucie County Health Access Network, a not for profit organization (the "Network"), requested the use of space at 3855 S. U.S. Highway 1, Fort Pierce, Florida (the "Site") to operate a free health clinic. The parties desire to amend the Agreement to increase the size of the Facility leased to the Network and to eliminate the annual electrical utility costs. PREVIOUS ACTION: On January 19, 2010, the parties entered into a Facilities Use Agreement which provided the Network to construct and operate a free health clinic at the County's Facility located at 3855 S. U.S. Highway 1, Fort Pierce, Florida. On March 19, 2013, the parties amended the Agreement to allow the Network to place recycling container(s) on the facility for fund raising purposes related to the Clinic. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board approval of the Second Amendment to the St. Lucie County Health Access Network Facility Use Agreement and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 27 8.C.2 Coordination/Signatures anie 5. McIntyre, C my ttorney 8/10/2615 Updated: 8/10/2015 4:33 PM by Donna Calise Page 2 Packet Pg. 28 SECOND AMENDMENT TO JANUARY 19, 2010 FACILITIES USE AGREEMENT BETWEEN ST. LUCIE COUNTY AND ST. LUCIE COUNTY HEALTH ACCESS NETWORK C10-01-016 THIS SECOND AMENDMENT made and entered into on this day of 12015, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County," and ST. LUCIE COUNTY HEALTH ACCESS NETWORK, a Florida non-profit organization, hereinafter referred to as "Network." WITNESSETH: WHEREAS, on January 19, 2010, the parties entered into a Facilities Use Agreement which provided the Network to construct and operate a free health clinic at the County's Facility located at 3855 S. U.S. Highway 1, Fort Pierce, Florida. WHEREAS, on March 19, 2013, the parties amended the Agreement to allow the Network to place recycling container(s) on the facility for fund raising purposes related to the Clinic. WHEREAS, the parties desire to amend the Agreement to increase the size of the Facility leased to the Network. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: Paragraph 1. SITE of the Facilities Use Agreement, is hereby amended to read as follows: 2. SITE. The parties acknowledge and agree that the Facility is located at 3855 S. U.S. Highway 1, Fort Pierce, Florida. The space that the Network will use for the health clinic is approximately 3,650 feet as depicted by the yellow and blue highlights in Exhibit A. 2. Paragraph 10. OPERATING COSTS: SIGNAGE of the Facilities Use Agreement, is hereby amended to read as follows: 10. OPERATING COSTS: &WNA". The Network agrees to promptly pay when due all of its operating, maintenance and servicing charges and costs, and janitorial services. As set—eut in Paragraph 13, the Netwerk agrees te—parEhase�eau a+r G9RditiGRORg 't f the Le stie ConteIn side ati., Of Netw eFkfs agFeement to —1— S:AATTY\AGREEMNTVEAC-USEVIIEALTII ACCESS NETWORK-2A.DOC% Packet Pg. 29 2 perm L O 3 aD z N N d V 2. Except as amended, the terms and conditions of the January 19, 2010 Facilities Use Q Agreement shall remain in full force and effect. a� x IN WITNESS WHEREOF, the parties have executed this Agreement on the day of 04 , 2015. N ATTEST: BY: WITNESSES: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair —2— S:AATTY\ACREEMNT\FAC-ESEVMEAETII ACCESS NETWORK-2A.DOCX APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney ST. LUCIE COUNTY HEALTH ACCESS NETWORK, a Florida non-profit organization BY: Douglas M. Anderson, Executive Director Packet Pg. 30 ■ Yellow — Original HANDS Clinic W Added space to the HANDS Clinic EXHIBIT a a 9 Packet Pg. 31 8.C.3 ITEM NO. (ID # 3023) 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: 08/18/2015 *CONSENT AGENDA\COUNTY ATTORNEY Revocable License Agreement - Kevin Parker - 5203 South Indian River Drive - Parcel 3401-600-0004-000-0 Mr. Parker would like to bring utilities to his dock on the east side of Indian River Drive by directional bore under the pavement of Indian River Drive. He will be using a licensed directional boring contractor and any future damage to the road in this location will be his responsibility. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chair to sign the Revocable License Agreement and direct Mr. Parker to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: Coordination/Signatures Danie 5. McIntyre, c�nty ttorney 8/7/2015 Packet Pg. 32 E MIDWAY RD 8.C.3.a 3 1 5001 501 .ti 5203 1 4. t s OeL-lu�q Packet Pg. 33 8.C.3.c This instrument prepared by: Janet LiCausi under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia. Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this day of 2015, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and KEVIN PARKER, ---a-- married man, whose address is 1150 Dowell Rd., Rockwall, TX 35032 34981 ("Owner") WHEREAS, the Owner owns the property described as follows: LOCATION: 5203 INDIAN RIVER DRIVE TAX I.D. 3401-600-0004-000/0 WHEREAS, the Owner desires to install a two (3) inch PVC conduit under Indian River Drive at a depth of 36 inches, which will encroach the entire width of Indian River Drive right- of-way. WHEREAS, the County is willing to permit the Owner to use Indian River Drive right-of- way to install and maintain a utility crossing subject to the terms and conditions set forth in this Revocable License Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The County agrees to grant the Owner a Revocable License Agreement for the purpose of installing a two 3-inch PVC conduit pipe to their dock lying on the East side of Indian River Drive as indicated in the attached sketch and incorporated herein as Exhibit "A". The drilling must be performed by a licensed directional bore contractor. The utility crossing will Packet Pg. 35 8.C.3.c encroach the entire width of Indian River Drive right-of-way and extend 15-feet on either side. This license shall extend only to the above -referenced utility crossing and shall not extend to the construction and/or installation of any additional structures or utilities. Upon completion and final inspection, provide the County with an "as built" sketch of the location of the crossin and apply for a Right-of�-_Way__pe__rmit. The Right -of -Way permits are available on line with the Engineering Department 2. The sole purpose of this Revocable License Agreement is to allow the Owner a means of providing water or electric between their property on the West side of Indian River Drive and the dock on the East side of Indian River Drive. 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes the Owner to keep and maintain the two 3-inch PVC conduit pipe under Indian River Drive, to adequately provide utility service between their property on the West and East side of Indian River Drive. Any washouts or damage on the sides of the road caused by this installation will be the responsibility of the applicant to repair. 4. The Owner is required to have a licensed driller install the utility crossing in accordance with Standard Specifications for Public Works Construction in St. Lucie County, Florida, and FDOT Standards, together with a Right of Way Permit, Maintenance of Traffic Plan for approval prior to construction and provide notice to the County Engineer with a schedule for construction. 5. This Revocable License Agreement shall be binding on future successors and assignees of the Owner provided that Owner gives adequate notice to the County pursuant to Paragraph Twelve (12) of this Agreement. 6. The County shall have the right, at the sole discretion of the County Engineer, to Packet Pg. 36 8.C.3.c terminate this Agreement with or without cause and require removal of the encroachment at the Owner's sole expense upon ninety (90) days written notice to the Owner. The County Engineer may, in lieu of termination, request that the Owner perform certain alterations to the two 3-inch conduit pipes to the dock lying on the East side of Indian River Drive, at the Owner's sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer, the County shall be entitled to exercise its right to terminate this Agreement. 7. Upon the abandonment of the installation of the utility improvements, the expiration of this Revocable License Agreement, or the revocation of this Revocable License Agreement, whichever occurs first, the Owner shall be responsible for the removal or plugging of the abandoned utility as directed by the County Engineer, consistent with the specifications of the County in force at such time. 8. The term of this Revocable License Agreement shall begin on the date first above written and shall remain in effect unless otherwise revoked or abandoned as provided herein 9. Owner agrees to relocate the referenced improvements, at any time and at no cost to the County, if necessary for the maintenance or improvements of Indian River Drive by the County. 10. The two 3-inch PVC conduit pipes to the dock lying on the East side of Indian River Drive, shall be installed in accordance with all applicable building codes and permitting regulations of the County and shall be maintained solely at the expense of the Owner. Any maintenance activity will be subject to the written approval of the County Engineer. 11. The Owner agrees to allow County employees access to the location of the utility service crossing for County purposes as determined by the County Engineer. 12. All notices, request and other communications dealing directly or indirectly with Packet Pg. 37 8.C.3.c this license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, teiecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: As to County: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 As to Owner: Kevin Parker 5203 S. Indian River Drive Fort Pierce, FL 34982 With Copies to: County Attorney 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 or to such other address as any party may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed 13. The Owner shall indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable attorney's fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or its' agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during Owner's use of the property. 14. The Owner shall promptly record this Revocable License Agreement in the Official Records of St. Lucie County, Florida. The Owner shall pay any document excise taxes and the cost of recording this Revocable License Agreement. Packet Pg. 38 8.C.3.c IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. ATTEST: DEPUTY CLERK WITNESS: STATE OF 7----x-3 S COUNTY OF 0-4Lt,45 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY x" KEVIN PARKER The foregoing instrument was acknowledged before me this 2q day of J�� 2015, by KEVEN PARKER, who produced 0 Tx Orwee - Lr`fts'q(type of identification) and who did take an oath. WITNESS my hand and official seal, this a9�4 day of J u — A.D., 2015. Notary Public Stamp KAFHRYNE EVANS �'. Notary Put)lic, State of Texas $t natur of Nota ublic My Commission Expires April 26, 2018 h111lt1t�` Packet Pg. 39 8.C.4 ITEM NO. (ID # 3027) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Mark Godwin, Criminal Justice Coordinator Criminal Justice Division DATE: 08/18/2015 *CONSENT AGENDA\COUNTY ATTORNEY Interagency Agreement with the Florida Department of Juvenile Justice for the Operation of the Juvenile Assessment Center for FY15 In 2005, St. Lucie County funded the Juvenile Assessment Center (JAC) as an eighteen -month pilot project. In 2007, the Board again funded the JAC, with two thirds of the funding being provided by the Cities of Fort Pierce and Port St. Lucie along with court fine contributions. On April 27, 2010, the Board terminated the contract with the vendor who operated the JAC. The JAC is a 24-hour central receiving, booking program serving juveniles throughout St. Lucie County. After taking juveniles to the JAC, law enforcement officers can return to assigned duties within approximately 15 minutes, thereby saving an average of three (3) hours per juvenile case. Prior to the JAC, officers had to take the juveniles to the jail for booking. The jail is not currently able to accommodate juveniles. Once a juvenile arrives at the JAC, they are electronically fingerprinted and photographed. The juveniles then are screened to determine if they are going to be placed in the detention center. The Board approved interagency agreements with the Department of Juvenile Justice (DJJ), since October 2010, and it has provided staff for the booking, screening, fingerprinting and photographing of juveniles. PREVIOUS ACTION: Since October 2010, the Board has approved the Department of Juvenile Justice to operate the Juvenile Assessment Center (JAC). FINANCIAL IMPACT: Sufficient funding is available from the Juvenile Assessment Center account - JAC (107-2360-549925- 6291). RECOMMENDATION: Staff recommends that the Board approve the Interagency Agreement with the DJJ for the operation of the JAC Center for FY15/16. Since DJJ is a Department of State Government, this Agreement can be Packet Pg. 40 8.C.4 approved without an RFP. COMMISSION ACTION: Coordination/Signatures Danie 5. McIntyre, C my ttorney 8/7/2015 Updated: 8/11/2015 5:05 PM by Donna Calise Page 2 Packet Pg. 41 INTERAGENCY AGREEMENT THIS AGREEMENT is made and is effective the 1 st day of October, 2015, by and between St Lucie County Government and the Department of Juvenile Justice (hereinafter referred to as DJJ). WITNESSETH: WHEREAS, both parties to this agreement are committed to providing statutorily mandated coordinated and effective services to the citizens of St Lucie County; and WHEREAS, both parties agree that sharing resources, where feasible, will result in a benefit to all citizens of St Lucie County; and WHEREAS, the DJJ will operate a Booking and Screening Unit located at 1215 Bell Avenue, Fort Pierce, Florida 34982 WHEREAS, St Lucie Government has historically handled the booking (fingerprinting and photographing) of juveniles arrested for criminal violations in St Lucie County; NOW THEREFORE, the parties agree as follows: The recitals contained above are true, correct and incorporated herein by reference. 2. St Lucie County Government shall pay the total sum of $185,576.04 annually to DJJ through monthly payments of $15,464.67 from October 1, 2015 through September 30, 2016, to assist in the operation of the Booking and Screening Unit. DJJ shall use these funds to hire qualified personnel who will perform the "booking" (fingerprinting and photographing) responsibility for juveniles arrested in St Lucie County. These funds may also be used to help defray any costs directly associated with the booking process. Payments are to be made by the 101h of each month for the previous month. DJJ shall make any and all data complied during the "booking" process available to the St Lucie County Government or authorized agent(s) and will also submit such data as required pursuant to Florida State Statute to the Florida Department of Law Enforcement. 4. DJJ further agrees that the Booking and Screening Unit will be available seven days per week, twenty-four hours a day, to temporarily house any juveniles lawfully detained by St Lucie County law enforcement agencies, Packet Pg. 42 with the exception of those juveniles who are to be incarcerated at the St Lucie County Jail. 5. This agreement shall be effective from October 1, 2015 until September 30, 2016. 6. This agreement may be terminated by either party with thirty (30) days notice received in writing. 7. This agreement may only be amended or modified upon approval of both parties. Any modification or amendment to the document shall not be valid until such approval has been obtained. 8. All youth that do not meet Detention Criteria and need to be placed will be processed and placed in accordance with the CYF/DJJ lockout agreement. IN WITNESS WHEREOF, the duly authorized representatives of each of the Parties hereto have executed this Interagency Agreement as of the Effective Date. St Lucie County Government LM Name: Title (Signature) (Print) (Print) Department Of Juvenile Justice U51A Name: Title (Signature) (Print) (Print) Packet Pg. 43 8.C.5 ITEM NO. (ID # 2989) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Heather Young, Asst. County Attorney County Attorney DATE 08/18/2015 *CONSENT AGENDA\COUNTY ATTORNEY Transit Shelter Agreement - Church of God by Faith, Inc. In order to better serve the riders of the fixed route bus system, Church of God by Faith, Inc. has agreed to allow the installation of a transit shelter on property owned by the Church at 3015 Avenue Q in Fort Pierce. Attached to this agenda item is a proposed agreement which provides for the construction, installation, maintenance and use of the transit shelter. The County will be responsible for the construction and maintenance of the shelter once installed. The Church has agreed to provide a 6' x 15' easement for the shelter site. 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 Board approval of the Transit Shelter Agreement - Church of God By Faith, Inc. and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: A —V— 4LW�. Heather Young, Asst. County Attorney Coordination/Signatures 7/17/2015 Packet Pg. 44 AGREEMENT FOR THE CONSTRUCTION, INSTALLATION, MAINTENANCE AND USE OF TREASURE COAST CONNECTOR SHELTERS BETWEEN SAINT LUCIE COUNTY AND CHURCH OF GOD BY FAITH, INC. 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 (referred to hereinafter as County) and CHURCH OF GOD BY FAITH, INC., a Florida non-profit corporation, (referred to hereinafter as Owner). WITNESSETH: WHEREAS, the County's transportation provider, Community Transit, (referred to hereinafter as Treasure Coast Connector) serves as the public transit system within the St. Lucie County geographical boundaries; and WHEREAS, the County desires to locate transit shelters throughout the route systems to serve passengers of the Treasure Coast Connector transit system including a site on property owned by the Owner at 3015 Avenue Q, Fort Pierce, Florida (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, Church of God by Faith, Inc. and the County agree as follows: 1. County Responsibilities. A. Provide a schematic drawing of the location of the proposed shelter to the Owner, for review and approval. B. Obtain any necessary permits from the City of Fort Pierce for the installation of bus shelter. C. Purchase and install a transit shelter on the Site as agreed upon by the parties. The transit shelter will be five foot wide by twelve foot long, contain a bench, and trash receptacle and bike rack, if needed. The transit shelter must meet applicable and current Americans with Disabilities Act 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. 1 Packet Pg. 45 E. Install a ten foot by fifteen foot by six inch thick concrete pad in compliance with Florida Transit Facility Guidelines and the Americans with Disabilities Act for accessibility as part of the shelter installation, as set forth in the specifications attached hereto and incorporated herein as Exhibit "A". F. Where necessary, to comply with the Americans with Disabilities Act guidelines and requirements, construct additional appurtenances to connect the shelter to the curb create ADA compliant access from the existing adjacent sidewalk to the shelter and from the shelter to the location where the bus would normally 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. G. Remove bus shelters from locations and restore the site to its original condition within thirty (30) days calendar of the date said shelter is no longer utilizes 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, and planter. I. Provide an overall map displaying shelter locations and bus routes. 2. Owner Responsibilities. The Owner shall have the following responsibilities: A. Empty trash receptacles, remove debris and maintain shelter amenities on a weekly schedule unless a more frequent schedule is needed to maintain shelter's cleanliness as determined by either party. B. Clean each bus shelter on a bi-monthly schedule unless a more frequent schedule is needed to maintain the shelter cleanliness as determined by either party. 3. Term; Termination. The term of this Agreement shall begin on the date first written above, (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 the County 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 the transit provider is named, and shall do nothing to impair or invalidate any applicable insurance coverage. 6. Public Records. The Owner shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Owner in conjunction with this Agreement. Specifically, the Owner shall: 2 Packet Pg. 46 a. Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. b. Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in state law or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. d. Meet all requirements for retaining public records and transfer, at no cost, to the County, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. 7. 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 Owner: Church of God by Faith, Inc. 2409 Old Middleburg Road North Jacksonville, FL 32210 With copy to: St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 With copy to: Church of God by Faith, Inc. 1619 Avenue I Fort Pierce, Florida 3495C 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. 8. 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. 9. 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. 10. Non -Discrimination. Packet Pg. 47 Church of God by Faith, Inc. 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 face, 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. 11. 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. 12. 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. 13. Governine 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 justiciable in federal court. 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 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY Packet Pg. 48 ATTEST: SECRETARY CHURCH OF GOD BY FAITH, INC. BY: PRESIDENT (SEAL) S:\atty\agreement\Transit Shelter.Church of God by Faith.doc Packet Pg. 49 8.C.6 ITEM NO. (ID # 3029) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Heather Young, Asst. County Attorney County Attorney DATE: 08/18/2015 *CONSENT AGENDA\COUNTY ATTORNEY Permission to Advertise - Amendment to Alarm Ordinance Attached to this agenda item is a copy of a proposed Ordinance which would create Section 18-102 (Same -Appeals), Article IV (Alarm Systems) of the St. Lucie County Code of Ordinances. The proposed amendment would establish a process for appealing a false alarm determination and/or fine. PREVIOUS ACTION: On May 19, 2015, the Board of County Commissioners adopted Ordinance No. 15-05 which amended Chapter 18, Article IV (Alarm Systems) of the St. Lucie County Code of Ordinances. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff requests permission to advertise a proposed Ordinance for public hearing on September 15, 2015, at 9:00 a.m., or as soon thereafter as may be heard. COMMISSION ACTION: Coordination/Signatures Danie s. McIntyre, CoAnty ttorney 8/7/2015 Packet Pg. 50 C�]:T11�I_LL�i,L��•I���:1:1 AN ORDINANCE AMENDING CHAPTER 18, ARTICLE IV, (ALARM SYSTEMS), OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY CREATING SECTION 18-102 (SAME -APPEALS) TO ESTABLISH AN APPEAL PROCEDURE FOR DETERMINATION OF FALSE ALARMS; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On November 17, 1982, the Board adopted Ordinance No. 87-44 which created Chapter 1-2.5, "Alarm Systems", of the St. Lucie County Code of Ordinances and Compiled Laws, to establish standards and regulate intrusion, holdup, and other emergency signals from alarm users which require law enforcement and fire/rescue response or investigation. 2. On August 24, 1999, the Board adopted Ordinance No. 99-10 which amended Chapter 1-2.5 to clarify and strengthen the regulation of alarm systems in the County in order to better serve the residents of the County through more efficient use of law enforcement and fire/rescue services. 3. On August 12, 2014, the Board adopted Ordinance No. 14-020 which amended and recodified the St. Lucie County Code of Ordinances, including the recodification of Chapter 1-2.5 as Article IV (Alarm Systems) of Chapter 18, (Emergency Management and Emergency Services). 4. On May 19, 2015, the Board adopted Ordinance No. 15-05 which further amended Article VI of Chapter 40 of the St. Lucie County Code of Ordinances to ensure consistency with the requirements of state law and to provide for a more efficient means of processing alarm system permit applications and collecting false alarm charges. 4. It is in the best interest of the health, safety and welfare of the County's residents to further amend Article VI of Chapter 40 of the County Code of Ordinances to provide for appeal of a false alarm determination and fine. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida, as follows: 1 Underlined passages are added. Str --- E1g passages are deleted. Packet Pg. 51 PART A. Section 18-102 (Same -Appeals) of Article IV (Alarm Systems) of Chapter 18 (Emergency Management and Emergency Services) of the Code of Ordinances of St. Lucie County is created to read as follows: Sec.18-102. Same -Appeals. (a) An alarm user may appeal assessment of the fine(s) to the County's designated Alarm Administrator by filing a written request for review setting forth the reasons for the appeal within fourteen (14) calendar days of the date of the notice of the assessed fine(s). The failure to file a request for an appeal within this time period shall constitute a waiver of the right to contest the assessment of the fine(s). The Alarm Administrator or designee shall serve as the Hearing Officer for all appeal hearings under this section. The filing of a request for an appeal shall stay the assessment of the fine(s) until the Hearing Officer renders a final decision. Upon receipt of a timely written request for an appeal, a hearing will be scheduled before the Hearing Officer. Notice of the hearing will be sent to the alarm user after receipt of the request for appeal. The Hearing Officer shall conduct a hearing and consider the evidence presented. At the conclusion of the hearing, the Hearing Officer shall issue findings of fact, based upon the evidence presented, and conclusions of law, and shall issue a written order. (b) Any person aggrieved by a decision of the Hearing Officer pursuant to this article may, within thirtv (30) days after rendition of the decision, petition for certiorari review to the circuit court in the Nineteenth Judicial Circuit in and for the county. PART B. 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 C. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, the Capitol, Tallahassee, Florida 32304. PART D. EFFECTIVE DATE. This Ordinance shall take effect on October 1, 2015. PART E. ADOPTION. After motion and second, the vote on this ordinance was as follows: 2 Underlined passages are added. St r --- e1g passages are deleted. Packet Pg. 52 Chair Paula A. Lewis XX Vice Chair Kim Johnson XX Commissioner Chris Dzadovsky XX Commissioner Tod Mowery XX Commissioner Frannie Hutchinson XX PART F. 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 0 shall not be codified. PASSED AND DULY ADOPTED this XX day of XX, 2015. ATTEST: Deputy Clerk 3 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney Underlined passages are added. St r --- e1g passages are deleted. Packet Pg. 53 8.C.7 ITEM NO. RES-2015-139 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Daniel S. McIntyre, County Attorney County Attorney DATE: 08/18/2015 Resolution - Amendment to the Investment Policy *CONSENT AGENDA\COUNTY ATTORNEY Pursuant to Section 218.415, Florida Statutes, counties that have custody of public funds in excess of the amounts needed to meet current expenses who elect to conduct investment activity themselves rather than depositing those funds in the Local Government Surplus Funds Trust Fund for investment by the State Board of Administration, are required to conduct such investment activity in accordance with a written investment policy adopted by the Board of County Commissioners. The Clerk has proposed changes to the County's Investment Policy, which proposed changes are attached to the draft Resolution as Exhibit "A." On May 28, 2015, the County's Investment Committee met and voted to recommend approval of the proposed changes. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution and authorize the Chair to sign the Resolution. COMMISSION ACTION: Packet Pg. 54 8.C.7 Coordination/Signatures anie 5. McIntyre, C my ttorney 8/10/2615 Updated: 8/11/2015 3:37 PM by Donna Calise Page 2 Packet Pg. 55 8.C.7.a COUNT F L 0 R I D A ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS INVESTMENT POLICY TABLE OF CONTENTS I. SCOPE..................................................................................................................................2 E Q II. INVESTMENT OBJECTIVES................................................................................................... 2 0 w 3 O III. DELEGATION OF AUTHORITY 2 o: IV. INVESTMENT PERFORMANCE AND REPORTING............................................................ 2-3 Cl) V. PRUDENCE AND ETHICAL STANDARDS .............................................................................. 3 N cn w VI. AUTHORIZED INVESTMENTS ........................................................................................... 3-5 VI I. MATURITY AND LIQUIDITY REQUIREMENTS..................................................................... 5 a VIII. PORTFOLIO COMPOSITION 5-9 r c E a� IX. RISK AND DIVERSIFICATION............................................................................................... 9 c m X. AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS ................................................ 9 c m E XI. THIRD PARTY CUSTODIAL AGREEMENTS 10 Q XII. MASTER REPURCHASE AGREEMENT 10 v w c a� XIII. BID REQUIREMENT 10-11 V r XIV. INTERNAL CONTROLS.................................................................................................. 11-12 a Revised on Jul Packet Pg. 56 8.C.7.a I. SCOPE This investment policy applies to all surplus funds held by or for the benefit of the St. Lucie County Board of County Commissioners, hereinafter referred to as the County. These policies were adopted using Sections 125.31 and 218.415, Florida Statutes. Bond proceeds may be further limited or expanded by their respective bond resolutions or covenants and shall not be considered to be in conflict with the Investment Policy. II. INVESTMENT OBJECTIVES The County shall strive to achieve with each investment opportunity, the following objectives, in ORDER OF PRIORITY: 1. SAFETY - The primary objective of the County's investment activities is the protection of investment capital. 2. LIQUIDITY - The County's investment strategy will provide sufficient liquidity such that cash flow requirements are met through the utilization of marketable securities with structured maturities. 3. INVESTMENT INCOME - In investing public funds, the County will strive to maximize the return on the portfolio but will minimize investment risk. III. DELEGATION OF AUTHORITY The responsibility for providing oversight and direction in regard to the management of the investment program resides with the Clerk of the Circuit Court. The Board of County Commissioners will appoint an Investment Committee that will serve in an advisory capacity and report to the Board of County Commissioners. Each Commissioner will select one of the five Investment Committee members who will possess relevant financial experience. The Investment Committee shall meet quarterly to review the Clerk's investment strategy and results. The Investment Committee will rely on the Clerk of the Circuit Court, the Finance Director and their staff for support. The management responsibility for all Board's funds in the investment program and investment transactions is delegated to the Clerk of Circuit Court or designee. The Clerk of the Circuit Court or designee shall establish written procedures for the operation of the investment portfolio and a system of internal accounting and administrative controls to regulate the investment activities. The Clerk may employ investment manager(s) to assist in managing some of the Board's investment portfolio. Such investment manager must be registered under the Investment Advisors Act of 1940. A portfolio report shall be prepared each quarter by the Finance Director or designated staff member, and be provided to the Clerk of the Circuit Court and appropriate management staff. The report will also be made available to the Board of County Commissioners and Investment Committee. The report shall include a breakdown of the portfolio as well as its overall performance and the current market pricing at month -end. 2 Packet Pg. 57 8.C.7.a A detailed analysis of the investment portfolio will be prepared by the Finance Director and presented to the Board of County Commissioners and Investment Committee on a quarterly basis. The report shall include information relating to transactions, market values, performance and adherence to policy. The Clerk of the Circuit Court is authorized to utilize an investment accounting service to obtain necessary information. The Board of County Commissioners will conduct an annual review of the investment portfolio and the investment policy. The Board of County Commissioners will appoint an Investment Committee that will serve in an advisory capacity and report to the Board of County Commissioners. Each Commissioner will select one of the five Investment Committee members who will possess relevant financial experience. The Investment Committee and the Board of County Commissioners shall receive a copy of the portfolio pricing analysis. The Clerk of the Circuit Court shall be notified immediately upon exceptions from currently approved investment policies by the Finance Director. In the event of an emergency situation requiring noncompliance with policy guidelines, the Finance Director shall attempt to schedule a special committee meeting to discuss the proposed action. If a special committee meeting is not possible due to time constraints or scheduling problems, the Finance Director shall individually notify a minimum of three committee members to obtain approval of the proposed action. V. PRUDENCE AND ETHICAL STANDARDS The "prudent person" standard shall be used in the management of the overall investment portfolio. The Finance Director, and other persons performing the investment function, shall act as a "prudent person" in accordance with these written policies and procedures, exercising due diligence and investing in investments authorized by law. The "prudent person" standard is herewith understood to mean the following: Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. VI. AUTHORIZED INVESTMENTS The Clerk of the Circuit Court acting through the Finance Director, or other designee of the Clerk's office, shall purchase or sell investment securities at prevailing market rates, with a preference to par bonds or those at a discount. Authorized instruments are as follows: A. The Local Government Surplus Funds Trust Fund, the State Investment Pool administered by the State Board of Administration, also known as "Florida Prime". 3 Packet Pg. 58 8.C.7.a B. The Florida Local Government Investment Trust, also known as F I G-I "Florida Trust", administered by the Florida Association of Court Clerks and Comptrollers and the Florida Association of Counties. C. Negotiable direct obligations of, or obligations the principal and interest of which are unconditionally guaranteed by the United States Government. Such securities will include, but not be limited to, the following: 1. Treasury Bills 2. Treasury Notes 3. Treasury Bonds D. Bonds, debentures, notes or other evidence of indebtedness issued or guaranteed by United States agencies provided such obligations are backed by the full faith and credit of the United States Government. Such securities will include, but not be limited to, the following: 1. Farmers Home Administration 2. Government National Mortgage Association (GNMA) E. Bonds, debentures, notes of or other evidence of indebtedness issued or guaranteed by United States Government agencies (Federal Instrumentalities) which are not backed by the full faith and credit of the United States Government agencies, Such securities will include, but not be limited to, the following: 1. Federal Farm Credit Bank (FFCB) 2. Federal Home Loan Bank or its district banks (FHLB) 3. Federal National Mortgage Association (FNMA) 4. Federal Home Loan Mortgage Corporation (Freddie -Mac) F. Non-negotiable interest -bearing time certificates of deposit, money market accounts or savings accounts in financial institutions organized under the laws of the United States, doing business and situated in this state, provided that any such deposits are secured by the Florida Security for Public Deposits Act, Chapter 280, Florida Statutes. G. Repurchase agreements collateralized by Treasury Bills or Notes having a maturity of two (2) years or less. H. Securities and Exchange Commission registered money market funds with the highest credit quality rating from a nationally recognized rating agency. .. 1. I. Corporate Obligations or Corporate Notes of U.S. Corporations with at least two of the following three minimum ratings: A- by Standard & Poor's, A3 by Moody's, or A- by Fitch. 4 Packet Pg. 59 1. I. Corporate Obligations or Corporate Notes of U.S. Corporations with at least two of the following three minimum ratings: A- by Standard & Poor's, A3 by Moody's, or A- by Fitch. 4 Packet Pg. 59 8.C.7.a K J. Commercial Paper denominated in United States dollars that is rated, at the time of purchase, Prime-1 by Moody's and A-1 by Standard & Poor's (Prime Commercial Paper). If the Commercial Paper is backed by a letter of credit (LOC), the long-term debt of the LOC provider must be rated A or better by at least two nationally recognized rating agencies. K. Supranational Agencies — Debt obligations issued by multilateral organization of governments of which the U.S. is a shareholder and voting member, and are denominated in U.S. dollars, with highest ST or LT rating (A-1+/P-1, AAA/Aaa, or equivalent). Purchase authorization includes, but is not limited to, obligations of the following multilateral organizations: 1. International Bank for Reconstruction and Development (IBRD 2. International Finance Corporation (IFC) 3. European Bank for Reconstruction and Development (EBRD) 4. Inter -American Development Bank (IADB) 5. Asian Development Bank (ADB) 6. African Development Bank (AFDB) Investment in derivative products is not authorized. For the purposes of this policy derivative products are defined as financial arrangements whose value are derived from changes in an underlying variable such as a stock, bond, stock index, interest rate index, currency, commodity, etc. Derivative investments include, but are not limited to: futures contracts, options contracts, forward contracts, interest rate swaps, interest rate floor or ceiling contracts, and linked index investments. VII. MATURITY AND LIQUIDITY REQUIREMENTS To the extent possible, an attempt will be made to match investment maturities with known cash needs and anticipated cash flow requirements. Investments, including investment pools, of current operating funds shall have maturities of up to five (5) years except the Corporate Obligations. The maximum length to maturity for Corporate Obligations under thxTernpeFary Liquidity GuaraRtee PFegram (T-LGP) shall be three (3) years and ROR T-LGP CeFperate ObligatiORS or Corporate Notes shall be five (5) years from the date of purchase. The Finance Director and other persons performing the investment function will provide an appropriate mix of maturities to maximize the return on the portfolio while minimizing investment risk. Investment of bond reserves, construction funds, and other non -operating funds shall have a term appropriate to the need for funds, and in accordance with debt covenants, but shall not exceed five (5) years, unless permitted by the terms of the bond documents. A liquidity amount of approximately three (3) months of anticipated disbursements, excluding bond construction payments or other bond payments made from escrow or trust accounts, will be kept in relatively short-term investments. These would include the State Investment Pool (SBA), €LGI "Florida Trust", money market accounts and Repurchase Agreements. Vill. PORTFOLIO COMPOSITION The following are the guidelines for investments and limits on security issues, issuers, and 5 Packet Pg. 60 8.C.7.a maturities as established by the County. The Finance Director, or their appropriate designee, after consulting with the Clerk of Circuit Court, shall have the option to further restrict or increase investment percentages from time to time based on market conditions. Purchases of investments based on bond covenant requirements shall not be included in the portfolio composition calculation. The allowable maximum percentage requirements should be based on the prior month portfolio ending balance. If the maximum percentage is exceeded for any reason, corrective action should be taken within 30 days of any notice of violation to conform the portfolio to the allowable percentages. The following maximum limits are guidelines established for diversification by instrument Authorized Investment- Sector Type Maximum Allocation Individual Issuer Limit Maximum Length to Maturity 6overnment Trust Prime 40% N/A N/A Florida Loeal Surplus Florida Trust Ftnd 35% N/A N/A Certificates of Deposit 40% 10% 2 years Treasuries 75% N/A 5.5 years United States Government Agencies 50% 25% 5.5 years Federal Instrumentalities (United States Government Sponsored Agencies) 50% 25% 5.5 years Repurchase Agreement 10% 10% 1 year Money Market Funds 80% 25% N/A §G% 2-5% 3 ea-rs Corporate Obligations (Temporary Liquidity- Corporate Obligations or Corporate Notes 25% 5% 5 years Commercial Paper 25% 5% 270 days Supranational Agencies 25% 10% 5.5 years A. The Local Government Surplus Trust Fund (Florida Prime). A maximum of 40% of the portfolio may be invested in the Florida Prime, however, bond proceeds may be temporarily deposited in the Florida Prime until alternative investments have been purchased and are not a part of this calculation. B. The Local Government Investment Trust fund (€LGIT Florida Trust) A maximum of 35% of the portfolio may be invested in €LGIT Florida Trust. C. Non-negotiable Interest -Bearing Time Certificates of Deposit 1. A maximum of 40% of the portfolio may be invested in non-negotiable interest bearing time certificates of deposit or savings accounts. 6 Packet Pg. 61 8.C.7.a 2. The maximum maturity on any certificates shall be no greater than two (2) years from the time of purchase. 3. A maximum of 10% of the portfolio may be deposited in the instruments of any one issuer. D. United States Government Securities 1. A maximum of 75% of the portfolio may be invested in United States Government Securities which are defined as negotiable direct obligations, or obligations the principal and interest of which are unconditionally guaranteed, by the United States Government. 2. The maximum length of maturity of any direct investment in government securities is five (5) years. E. United States Federal Agencies 1. A maximum of 50% of the portfolio may be invested in United States Federal Agency securities which are backed by the full faith and credit of the United States Government. 2. The maximum length of maturity of any direct investment in Federal Agencies Securities is five (5) years. 3. A maximum of 25% of the portfolio may be invested in the instruments of any one issuer. F. Federal Instrumentalities 1. A maximum of 50% of the portfolio may be invested in Federal Instrumentalities which are not full -faith and credit United States Government Agencies. 2. The maximum length of maturity of any direct investment in Federal Instrumentalities is five (5) years. 3. A maximum of 25% of the portfolio may be invested in the instruments of any one issuer. G. Repurchase Agreements 1. A maximum of 10% of the portfolio may be invested in repurchase agreements with the exception of one (1) business day agreements and overnight sweep agreements which may go as high as 25%. 2. The maximum term of a repurchase agreement will be one (1) year. Packet Pg. 62 8.C.7.a 3. A maximum of 10% of the portfolio may be invested in the instruments of any one issuer with the exception of one (1) business day agreements and overnight sweep agreements which may go as high as 25%. H. Money Market Funds 1. A maximum of 80% of the portfolio may be invested in institutional money market funds. 2. Money market funds must have an "AAA" rating from Moody's, Standard and Poor's or Fitch. 3. A maximum of 25% of the portfolio may be invested in any one money market fund. I. Corporate Obligations or Corporate Notes 1. A maximum of 25% of available funds may be invested in corporate obligations or corporate notes. 2. A maximum of 5% of available funds may be invested in with any one issuer 3. The maximum length of maturity of any Corporate Obligations or Corporate Notes is five (5) years. J. Commercial Paper 1. A maximum of 25% of available funds may be directly invested in Prime Commercial Paper. 2. A maximum of 5% of available funds may be invested with any one issuer 3. The maximum length to maturity for Prime Commercial Paper shall be 270 days from the date of purchase. a Packet Pg. 63 8.C.7.a K. Supranational ALyencies 1. A maximum of 25% of available funds may be directly invested in Supranational Agencies. 2. A maximum of 10% of available funds may be invested with any one issuer. 3. The maximum length of maturitv of anv Supranational Aizencv is five (5 years. IX. RISK AND DIVERSIFICATION Assets held shall be diversified to control the risk of loss resulting from the over concentration of assets in a specific maturity, issuer, instrument, dealer, or bank through which these instruments are bought and sold. Diversification strategies within the established guidelines shall be reviewed and revised periodically as necessary by the appropriate management staff. X. AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS The County shall only purchase securities from financial institutions which have offices located within the State of Florida and are qualified as public depositories by the Treasurer of the State of Florida, from primary securities brokers/dealers designated by the Federal Reserve Bank of New York or from secondary brokers/dealers, with an office located in the State of Florida. Such specified brokers/dealers must be reviewed and approved by the Investment Committee and approved by the Board of County Commissioners. Documented lists of the authorized financial institutions and brokers/dealers will be developed and maintained by the Finance Director and approved by the Clerk of the Circuit Court. The restriction on the secondary brokers/dealers with an office located in the State of Florida does not apply to the external investment managers. The purpose is to provide greater flexibility in seeking better pricing and optimize interest income to the County within the guidelines set forth in this policy. If at any time the Clerk of the Circuit Court is appropriately notified of any threat to the integrity of the investment portfolio, proper security measures may be suggested and implemented, and the Clerk of the Circuit Court shall have the option to further restrict investment in selected instruments, to conform to the then -present market conditions. Repurchase Agreements will be conducted through, and negotiated with primary securities brokers/dealers, or secondary brokers/dealers, or Qualified Public Depository financial institutions. A written Master Repurchase Agreement will be negotiated with any institutions with which the County through the Clerk of the Circuit Court enters into a specific repurchase agreement. 9 Packet Pg. 64 8.C.7.a XI. THIRD PARTY CUSTODIAL AGREEMENTS The Clerk of the Circuit Court will execute a Third Party Custodial safekeeping Agreement with a commercial bank's trust department which is separately chartered by the United States Government or the State of Florida. All securities purchased and/or collateral obtained by the Clerk of the Circuit Court shall be properly designated as an asset of the County and held in safekeeping by the trust department and no withdrawal of such securities, in whole or in part, shall be made from safekeeping except by an authorized staff member. The Third Party Custodial Safekeeping Agreement shall include letters of authority from the Clerk of the Circuit Court, details as to responsibilities of each party, notification of security purchases, sales, delivery, repurchase agreements, wire transfers, safekeeping and transaction costs, procedures in case of wire failure or other unforeseen mishaps including liability of, each party. XII. MASTER REPURCHASE AGREEMENT The Clerk of the Circuit Court will require all approved institutions and dealers transacting repurchase agreements to execute and perform as stated in the Master Repurchase Agreement. All repurchase agreement transactions will adhere to requirements of the Master Repurchase Agreement. The agreement shall specify that the underlying securities have a market value of at least 103% of the principal balance of the investment. The market value is to be determined on a monthly basis. XIII. BID REQUIREMENT Although in most situations the competitive bid process shall be utilized, there is no obligation to secure competitive bids from all financial institutions and dealer/brokers on the approved list. Rather a decision will be made by the Clerk of the Circuit Court through the Finance Director as to the institutions that have been the most competitive over the preceding weeks and these will be contacted for a bid. After the Clerk of the Circuit Court, through the Finance Director, has determined the approximate maturity date based on the cash flow needs and market conditions and has analyzed and selected one or more optimal types of investments, a minimum of three (3) qualified banks and/or dealers will be contacted and asked to provide bids on the securities in question. 1. Bids will be held in confidence until the highest bid is determined and awarded. 2. Documentation will be retained for all bids, with the winning bid clearly identified. 3. If for any reason the highest interest rate bid was not selected, then the reasons leading to that decision will be clearly indicated on the bid form. 10 Packet Pg. 65 8.C.7.a 4. If the maturing investment in funds to be invested are from a certificate of deposit, the present holder of the funds issuer of the CD will be one of the contacts made, subject to the portfolio diversification requirements in this policy. 5. In certain circumstances where a dealer or bank informs the County of a potential sale that must be completed within minutes of notification, the competitive bidding policy will be waived. The Clerk of the Circuit Court will have final approval on these particular transactions before they have been completed. 6. Notwithstanding the above, in order to afford financial institutions within St. Lucie County opportunities to enhance the economy of the local area, certificates of deposit may be purchased from an institution as described in Section VI.F provided that the following additional conditions have been satisfied: a St. Lucie County. b. as described in Section VI.F. The institution, or a branch office, is located within the boundaries of The institution has the highest and best bid of all bidding institutions C. The institution awarded the bid is subject to the portfolio limitation requirements and may not exceed said limitations. d. Financial institutions included on the approved list must be Qualified Public Depositories, as determined by the State of Florida. XIV. INTERNAL CONTROLS The Clerk of the Circuit Court shall exercise and monitor a set of internal controls to be conducted through the Finance Director. Controls are designed to protect the County's funds and ensure proper accounting and reporting of the securities transactions. The investment policy shall provide for review of such controls by independent auditors as part of any financial audit periodically required of the unit of local government. Such internal controls shall consist of the following: A. All securities purchased or sold will be transferred only under the "delivery versus payment" (D.V.P.) method to ensure that funds or securities are not released until all criteria relating to the specific transaction are met. B. The Clerk of the Circuit Court is authorized to accept, on behalf of and in the name of St. Lucie County, bank trust receipts or confirmations as evidence of actual delivery of the obligation or securities in return for investment of funds. C. Trust receipts or confirmations shall fully describe the various obligations or securities held. The receipt or confirmation shall state that the investment is held in the name of St. Lucie County. 11 Packet Pg. 66 8.C.7.a D. Written documentation and/or confirmation of telephone transactions and wire transfers will be maintained. E. There will be adequate separation of duties with clear delegation of authority among investment personnel. F. Custodial safekeeping shall be properly utilized. G. Operation review and performance evaluations and reporting, interim and annual, shall be done by the Finance Director. H. There will be an avoidance of no bearer -form securities. There will be no physical delivery of securities. J. There will be specific limitations regarding securities losses and remedial action shall be taken as soon as possible. K. A development of a wire transfer agreement with the custodial bank outlining the various controls and security provisions for making and receiving wire transfers shall be made. L. There is a prohibition of collusion between those making investment decisions and those providing investment services. M. Written dealer confirmation and monthly and/or quarterly custodial account statements shall be maintained. N. Investment policy shall be established by the Board of County Commissioners considering the recommendations of the Investment Committee. All daily investment activity will be coordinated and reviewed by the Finance Director. In the absence of the Finance Director and Clerk of the Circuit Court investment activity must be approved by their designee and later approved by the Finance Director or Clerk of the Court. 0. The following positions are designated by the Clerk of the Circuit Court as having the authority to initiate all investment activities: 1. Clerk of the Circuit Court 2. Finance Director 3. All other designees will be at the discretion of the Clerk of the Circuit Court P. All officials responsible for making investment decisions, or the Finance Director, shall complete 8 hours of continuing education annually in subjects or courses of study related to investment practices and products. Q. Such additional internal controls as established by the Clerk of the Circuit Court. 12 Packet Pg. 67 8.C.7.b RESOLUTION NO. 15-XXX A RESOLUTION AMENDING THE INVESTMENT POLICY FOR ST. LUCIE COUNTY, FLORIDA; BY FURTHER AMENDING THE INVESTMENT POLICY WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Pursuant to Section 218.415, Florida Statutes, on or before October 1, 1995, counties that have custody of public funds in excess of the amounts needed to meet current expenses who elect to conduct investment activity themselves rather than depositing these funds in the Local Government Surplus Funds Trust Fund for investment by the State Board of Administration, are required to conduct such investment activity in accordance with a written investment plan and an investment policy adopted by the Board of County Commissioners or in the alternative to invest in specified low -risk instruments. 2. On September 26, 1995, the Board adopted Resolution No. 95-168 which adopted an investment policy as recommended by the Investment Subcommittee of the St. Lucie County Citizens Budget Review Committee. 3. On December 6, 1995, the Investment Committee recommended that the Board adopt certain amendments to the investment policy; and on January 2, 1996, the Board adopted Resolution No. 95-275 which amended the investment policy and incorporated the recommended changes of the Investment Committee. 4. On December 3, 1997, the Investment Committee recommended that the Board adopt certain amendments to the investment policy and on December 16, 1997, the Board adopted Resolution No. 97-190 which amended the investment policy and incorporated the recommended changes of the Investment Committee. 5. On April 4, 2001, the Investment Committee recommended that the Board adopt certain amendments to the investment policy, and on April 24, 2001, the Board adopted Resolution 01- 95 which amended the investment policy and incorporated the recommended changes of the Investment Committee. 6. On September 21, 2005, the Investment Committee recommended that the Board adopt certain changes to the investment policy, and on October 11, 2005, the Board adopted Resolution No. 05-378. 7. On October 25, 2006, the Investment Committee recommended that the Board adopt certain changes to the investment policy, and on November 28, 2006, the Board adopted Resolution No. 06-345. 8. On December 6, 2007, the Investment Committee recommended the Board adopt certain changes to the investment policy, and on December 11, 2007, the Board adopted Resolution No. 07-396. 9. On January 23, 2008, the Investment Committee recommended the Board adopt certain changes to the investment policy, and on February 12, 2008, the Board adopted Resolution No. 08-068. Packet Pg. 68 8.C.7.b 10. On January 27, 2009, the Investment Committee recommended the Board adopt certain changes to the investment policy, and on March 10, 2009, the Board adopted Resolution No. 09-082. 11. On May 5, 2010, the Investment recommended the Board adopt certain changes to the investment policy, and on June 8, 2010, the Board adopted Resolution No. 10-167. 12. On February 9, 2012, the Investment Committee recommended the Board adopt certain changes, and on February 21, 2012, the Board adopted Resolution No. 12-031. 13. On December 10, 2012, the Investment Committee recommended the Board adopt certain changes to the Investment Policy and on January 8, 2013, the Board adopted Resolution No. 13- 005. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby adopt the amendments to the investment policy attached hereto and made a part hereof as Exhibit "A," pursuant to Section 218.415, Florida Statutes. 2. Except as amended herein, the remaining terms and conditions of the Investment Policy, as amended, shall remain in full force and effect. ATTEST: 3. This resolution shall take effect on adoption. After motion and second, the vote on this resolution was as follows: Chair Paula A. Lewis XXX Vice Chair Kim Johnson XXX Commissioner Chris Dzadovsky XXX Commissioner Tod Mowery XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED this 18th day of August 2015. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 69 8.C.8 ITEM NO. RES-2015-140 TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Katherine Barbieri, Asst. County Attorney County Attorney DATE: 08/18/2015 *CONSENT AGENDA\COUNTY ATTORNEY Resolution - Revisions to the Policy and Procedures of the Accident Review Committee to add the definition of an Employee Injury The Accident Review Committee's Policies and Procedures need to be amended to include the definition of an Employee Injury. This resolution has been drafted for that purpose. PREVIOUS ACTION: Resolution No. 86-172 dated September 2, 1986 adopted the Loss Prevention and Safety Manual. Resolution No. 03-063 dated August 26, 2003 amended the Loss Prevention and Safety Manual. Resolution No. 14-082 dated June 17, 2014 repealed Resolution No. 03-063, adopted the Polices and Procedures for the Accident Review Committee, and established safety requirements throughout St. Lucie County. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt the Resolution and authorize the Chair to sign the resolution as prepared by the County Attorney's Office. COMMISSION ACTION: Packet Pg. 70 8.C.8 Coordination/Signatures anie 5. McIntyre, C my ttorney 8/11/2015 Updated: 8/11/2015 3:38 PM by Donna Calise A Page 2 Packet Pg. 71 8.C.8.a RESOLUTION A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING RESOLUTION NO. 14- 082 TO REVISE POLICIES AND PROCEDURES FOR THE ACCIDENT REVIEW COMMITTEE TO ADD DEFINITION OF EMPLOYEE INJURY, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Resolution No. 86-172 dated September 2, 1986, adopted the Loss Prevention and Safety Manual; and WHEREAS, Resolution No. 03-063 dated August 26, 2003 amended the Loss Prevention and Safety Manual; and WHEREAS, Resolution No. 14-082 dated June 17, 2014 repealed Resolution No. 03-063, adopted the Policies and Procedures for the Accident Review Committee, and established safety requirements throughout St. Lucie County; and WHEREAS, it is necessary to revise the Policies and Procedures for the Accident Review Committee to add the definition of "Employee Injury". NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The revised Policies and Procedures for the Accident Review Committee attached hereto as Exhibit "A" are hereby adopted. 2. The Human Resources Director is hereby directed to send copies of the attached Resolution to each County Department Director for distribution to each employee, and to the business representative for Teamsters Local Union No. 769. 3. This resolution shall take effect on the date of adoption. After motion and second, the vote on this resolution was as follows: Chair Paula A. Lewis XXX Vice Chair Kim Johnson XXX Commissioner Chris Dzadovsky XXX Commissioner Tod Mowery XXX Commissioner Frannie Hutchinson XXX Packet Pg. 72 8.C.8.a PASSED AND DULY ADOPTED this 18T" day of August, 2015. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 73 RM — 1.02 Revised 08/18/2015 COUNTEmployee Safety & Risk Management E E O Policy and Procedure 3 Accident Review Committee I. PURPOSE: To establish an Accident Review Committee (ARC) to recommend improvements to the St. Lucie County BOCC safety program and to identify corrective measures needed to eliminate or reduce employee accidents and potential work hazards. The ARC shall also function as an Accident Review Board (ARB) to determine if an Accident/Incident and/or employe i jM is chargeable or non- chargeable, and to issue a ruling on the Accident/Incident. The ARC shall foster on -going communication and cooperation between employees and management on all employee accidents. Employee involvement at all levels of the County is critical for the County to be successful in accident and injury prevention. To accomplish this task, this joint worker/management accident review committee is established to bring workers and management together in a non -adversarial, cooperative effort to reduce employee accidents. II. DEFINITIONS: ACCIDENT means: Whenever a county motorized vehicle whether owned, leased, rented, or operated and whether registered or exempt from registration, comes into contact with, or is alleged to have come into contact with; any person, animal, other vehicle or other inanimate object, in a manner which results in death, injury, property damage, (regardless of owner and cost of damage over one hundred ($100.00) dollars.), vandalism, or is stolen, an accident will have occurred. ARC — ARB means: Accident Review Committee — Accident Review Board carry the same meaning and consist of the same members. EMPLOYEE INJURY means: Any employee that sustains an injury while performingtheir heir job functions. NON -PREVENTABLE ACCIDENT means: The County driver/operator committed no errors and reacted reasonably to the errors of others and observed county policies, procedures, and training, including defensive driving procedures. Page 1 Packet Pg. 74 RM —1.02 Revised 08/18/2015 PREVENTABLE ACCIDENT means: Any collision involving a vehicle that results in property damage and/or personal injury, regardless of who was injured, what property was damaged, to what extent, or where it occurred, in which a County driver/operator failed to do everything that reasonably could have been done to avoid the accident. For purposes of Discipline, the terms Preventable and Chargeable carry the same meaning and are to be used interchangeably. VEHICLE means: Any car, truck, tractor, trailer, forklift, or other powered equipment that is owned, leased or operated by St. Lucie County. The Definition of a Defensive Driver's is one who: 1. Commits NO operational errors. 2. Makes due allowance for lack of skill or improper driving practices of others. 3. Adjusts operation to compensate for unusual weather, road and traffic conditions. 4. Does not have a collision due to unsafe actions of pedestrians or other drivers. 5. Is alert to collision inducing situations. 6. Recognizes the need for preventative action in advance. 7. Takes necessary action to prevent a collision. III. Accident Review Committee (ARC) Responsibilities: A. The purpose of the ARC is to address employee accidents and injuries that affect both department and County -wide operations. B. The committee is responsible for making recommendations on how to reduce employee accidents in the workplace. The ARC membership is charged with the following responsibilities: a) to define problems, b) remove obstacles to accident prevention c) identify hazards, d) recommend corrective actions, e) identify training for employees, f) accident avoidance. C. The ARC shall meet as the County Accident Review Board (ARB) to determine if the Accident/Incident is chargeable or non -chargeable and to issue a ruling on the Accident/Incident. D. Committee Functions and Duties. 1. The primary duty is to function as an "Accident Review Committee" 2. The secondary duty is to function as an "Accident Review Board". Page 2 Packet Pg. 75 RM — 1.02 Revised 08/18/2015 IV. Accident Review Committee (ARC) Membership. A. The actual size and composition of the ARC shall be determined by the County Administrator or designee. There shall be an odd number of ARC members and membership shall generally consist of the following: 1. Three (3) bargaining unit employees from different departments; 2. Three (3) management representatives from different departments; 3. Three (3) "at large" representatives from different departments. 4. ARC Members should have an interest in reducing employee accidents throughout the County's workforce. 5. The County Administrator or designee shall appoint ARC members upon the recommendation of Department Directors, the bargaining unit, or selected from volunteers. The terms of ARC members will be staggered in order to provide continuity to the ARC. The term for each member can be up to four consecutive years but may be extended by the County Administrator or designee. 6. The vote of each individual member will be given the same weight as that of any other member of the ARC. 7. The County Administrator or designee will appoint one member of the ARC to be chairperson of the ARC who shall generally conduct meetings in accordance with BOCC advisory board procedures. 8. The HR Representative shall act as ARC secretary and shall keep and maintain minutes of each meeting and send out notices to ARC members. 9. The Employee Safety/Risk manager will be present to provide the ARC with the investigative findings and answer any questions of the ARC. 10. Each member's Department Director shall designate another employee of similar position to act as an alternate member. The Union shall designate alternate members for its representation. a. Whenever the Appointed Member cannot attend an ARC meeting, the Alternate shall attend and act in their stead. B. Accident Review Committee Responsibilities 1. The ARC shall have the following responsibilities: a. Assist management in reducing employee accidents and injuries at their facilities. b. At the first meeting of each calendar year, elect a chairperson and vice -chairperson. C. Hold meetings as described and when required. d. Review and make recommendations to update safety procedures based on accident or near miss investigation findings. e. With the Risk/Safety Management division, review, develop and communicate safety and emergency procedures including; general safety, right -to -know, risk management, environmental and personal protection and any other health and safety related exposure that apply to the member's department. Page 3 Packet Pg. 76 RM — 1.02 Revised 08/18/2015 f. Report unsafe conditions or practices and accept suggestions for ARC review. g. Assist with the Safety program by evaluating injury and accident records, identifying trends and patterns, and formulating corrective measures. h. Promote safety and health awareness and participation through continuous improvements to the Safety program and the County employee's health fair. i. Participate in safety training and monitoring safety training to ensure that it is in place, that it is effective, and that it is documented. C. Committee Meetings: 1. ARC meetings shall be held monthly as necessary. A quorum (Simple majority of members) must be present before any matter under consideration by the Board may be voted upon. 2. All ARC records will be maintained as required by Florida Law. D. Committee Training: 1. Accident Review Committee members may be trained in: a. Duties and responsibilities of the Committee and the individual members. b. How to conduct Accident Investigations or safety surveys and recognize hazards. C. How to determine preventability of accidents and injuries. E. Decisions and Recommendations of the ARC. 1. All recommendations of the ARC will be considered by the County Administrator or designee but are not binding on the County Administrator. V. Accident Review Board (ARC) Accident Review Board (ARB) Procedures A. Initial Determination of Accident Preventability The County Safety/Risk Management Division shall make the initial preventability determination concerning County employee accidents and operational incidents that result in injury and/or property loss/damage. 1. All loss incidents and injuries are investigated and reported following the procedures listed in the policy titled "Reporting Vehicle, Equipment & Property Loss Incidents." 2. Whenever possible, the Employee Safety & Risk Manager will also have first investigated the incident, visited the scene of the accident, interviewed Page 4 Packet Pg. 77 RM — 1.02 Revised 08/18/2015 the employee and available witnesses, and taken appropriate photos of damage and the scene. a. All such information shall be available to and used by Risk/Safety Management and the ARC when making their determinations. 3. The ARC will discuss the Accident/Incident, may talk with those involved and will make a determination. 4. Risk/Safety Management shall notify the employee, the employee's Department Director, and the HR Director in writing of the ARC's ruling and the HR Director will make a disciplinary recommendation to their Department Director and that Director will make the appropriate disciplinary action. a. Disciplinary action will not normally be initiated until the time period for appealing the ruling has passed or until an appeal has been ruled upon. b. Notwithstanding C. La, a Director may initiate disciplinary action and/or remove an employee from duties related to the accident whenever the Director determines the incident/accident was of such serious nature that immediate action is warranted. B. Employee Rights: 1. In all cases, the employee whose case is being heard will have the opportunity to be present and will be provided written notification at least five (5) business days prior to the hearing. 2. The employee will be permitted to have one person of their choosing with them to assist in their presentation to the ARC and may produce voluntary witnesses that have direct knowledge of the incident. 3. Employees may not cross-examine witnesses or staff. All questions must originate from the ARC. 4. The employee shall have fourteen (14) calendar days from the date the Risk/Safety Management Notification Memo was issued to appeal the ruling to the ARC (all appeals must be in writing and signed by the affected employee). C. ARC/ARB Appeal Process The written request for appeal will be given to the County Administrator for review. In such instances the County Administrator may order the ARC to reconvene for further deliberation on the case, or he/she may evaluate the facts and render a decision. Such decision of the ARC or County Administrator will be provided to the employee within fourteen (14) calendar days. 1. An employee's appeal process ends with the "Appeal" of a Risk/Safety Management preventable ruling to the ARC. Page 5 Packet Pg. 78 RM —1.02 Revised 08/18/2015 2. Employees may grieve disciplinary action in accordance with personnel policy and if the employee is a union member, with the collective bargaining agreement. 3. If the Risk/Safety Manager has reason to feel that the ARC did not follow proper procedures and/or the guidelines for determining the preventability of an incident when making its determination, than the Risk/Safety Manager may submit an appeal of that ARC ruling to the County Administrator or designee. 4. The County Administrator or designee will review the records and reports but need not hear oral presentations when making a determination. VI. OTHER VIOLATIONS OF COUNTY POLICES AND PROCEDURES Determination that an incident or injury was Non -Preventable does not preclude disciplinary action for other violations of County policies and procedures committed at the time of the incident. VII. Determining Accident/Collision Preventability: The County uses National Safety Council (NSC) standards as a guideline. These standards were established by the NSC and are recognized nationally. The foundation of these standards is reasonableness; they should be interpreted based on how a reasonable driver/operator would respond to a particular situation. Realizing the numerable accident types, possible scenarios, and ways a driver/operator can prevent an accident; these NSC standards should be used as a guide for determining accident preventability. "A preventable accident is one in which in which a county driver/operator failed to exercise reasonable precautions to prevent the accident. In other words, if a driver committed errors and/or failed to react reasonably to the errors of others the accident is preventable." "A non -preventable accident is one in which the driver/operator committed no errors and reacted reasonably to the errors of others, and observed applicable county policies, procedures, and training, including the use of appropriate defensive driving tactics." These and other Preventability definitions focus on defensive driving, not legal culpability. The fact that an operator who becomes involved in a vehicle collision is not charged with a traffic violation by law enforcement does not mean that the operator could not have prevented it. The overall performance of county equipment operators and vehicle drivers should be evaluated fairly and on a consistent basis. When an accident occurs, the following factors should be evaluated: 1. The events leading up to the accident, 2. The causes and conditions, 3. The accident itself, and 4. The post -accident events. Page 6 Packet Pg. 79 RM —1.02 5 Revised 08/18/2015 Driver/operator actions and/or inactions are factors that should be considered. The standard which should be applied in reviewing the incident is the concept of accident preventability. d VIII. ARC Standard of Performance. Accidents involve so many different factors that it is impossible to set hard and fast rules to classify all of them as preventable or non -preventable. Each ARC member must make his/her own determination on each incident before them. In making these decisions, a member will answer the question "What standard of safe driving/operating performance do we expect of our employees?" If the County is lenient, it condones a mediocre standard of operation and safe driving performance. Employees respect a strict interpretation of the rules so long as the County insures that these interpretations are made consistently and impartially. A. Personal Vehicles and Use of County Vehicles for Personal Use If an employee regularly operates his/her own vehicle on official County business and receives a monthly car allowance or mileage reimbursement, his/her accidents that occur on-the-job should be reviewed following these guidelines. Accidents involving drivers operating his/her own vehicles during off -duty hours shall not be subject to ARC review. Accidents involving County -owned vehicles or motorized equipment being operated by employees for County business shall be reviewed following these guidelines. 1. Regardless of ownership of the equipment, all accidents/incidents occurring while on duty must be reported immediately and are subject to this policy. 1. Accidents Involving More Than One County Driver When two Q or more County vehicles are involved in the same incident, each driver may be charged with a preventable accident regardless of which one was primarily responsible for the occurrence. Although two (2) or more employees may be riding in or on the same vehicle, a preventable accident will be charged only against the person operating the vehicle. 2. Witness Statements and Police Reports. Each driver involved in an accident may contribute to it in some degree. If the "other driver" admits he was at fault, it usually only means that he sees how he contributed to the situation. Admission of being at fault by the "other driver", a record of the "other driver" being cited for a traffic violation and witness or police statements of exoneration of the County Driver/Operator are not, in themselves, conclusive evidence to adjudge an accident "non -preventable." Statements of exoneration are generally based on legal responsibility without respect to the definition of preventability as used in these procedures. Consequently, a careful Page 7 Packet Pg. 80 RM —1.02 Revised 08/18/2015 study must be made of all conditions to determine how the employee in question may have contributed to the situation by acts of omission or commission. Unless a thorough investigation indicates that employee in question could not have avoided involvement, by reasonable defensive driving practice, accidents will generally be regarded as preventable. 1. Motor vehicle and equipment accidents are events that should be closely reviewed to find the causes and to determine if some action on the part of the driver/operator could have prevented the accident. All motor vehicle and equipment accidents or damages, regardless of severity, are to be reported and investigated. It is only by the inclusion of all incidents that a statistically valid analysis of the causes of County vehicle and equipment accidents can be made and plans and programs to reduce the number of such occurrences can be developed. 2. The supervisor's investigation is performed as part of the department incident reporting process and should be done independently of any law enforcement investigation. The supervisor's report is an essential part of the review, but is not the sole deciding factor. Any enforcement action that may have been taken should be considered, but not with that action as the sole deciding factor. In other words, all such aspects must be reviewed in a combined context as the individual committee members are making their determination. The safety of our employees, our contractors and their employees, the public and County operations are paramount and shall take precedence over expediency! Approved for Implementation: Signed: County Administrator Fa Date: Page 8 Packet Pg. 81 8.C.9 ITEM NO. RES-2015-141 TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Katherine Barbieri, Asst. County Attorney County Attorney DATE: 08/18/2015 *CONSENT AGENDA\COUNTY ATTORNEY Resolution - Amended and Restated Solid Waste Tipping Fees The County owns and operates a solid waste management facility ("Facility') located at 6120 Glades Cut- off Road in the City of Fort Pierce, Florida. The County's Facility includes a Class I landfill, a disposal area for construction and demolition debris, a recycling center, and related facilities that are used for processing, recycling, and disposing of various types of solid waste. On February 19, 2013, the Board adopted Resolution No. 13-026, which established the "tipping fees" (i.e. rates) that the County currently charges for processing and disposing of solid waste and recyclable materials at the County's facility. On June 17, 2014, the Board adopted Resolution 14-089, which established a new tipping fee for the disposal of certain recovered screened materials in the County's Class 1 landfill. The Board now desires to establish a new fee for segregated single- stream glass and increase the weight ticket cost as it has not been adjusted in over 25 years. The tipping fees established in Section A are reasonable and appropriate; i.e., the rates fairly compensate the County for the services it provides when processing solid waste and recyclable materials at the County's facility. The rates, limitations, and other provisions set forth in Sections A, B, C, D, and E are in the best interest of the public and they are necessary for the protection of the public health, safety and welfare. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board adopt the Resolution and authorize the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 82 8.C.9 Coordination/Signatures anie 5. McIntyre, C my ttorney 8/3/2015 updated: 8/12/2015 10:27 AM by Stephanie Bush Page 2 Packet Pg. 83 11*T91t1lI10 i<11111►T1ia A RESOLUTION AMENDING TIPPING FEE RATES AT THE ST. LUCIE COUNTY GLADES ROAD LANDFILL; REPEALING AND SUPERSEDING RESOLUTION NO. 14-089; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board"), has made the following determinations: 1. The County owns and operates a solid waste management facility ("Facility") located at 6120 Glades Cut -Off Road in the City of Fort Pierce, Florida. The County's Facility includes a Class I landfill, a disposal area for construction and demolition debris, a recycling center, and related facilities that are used for processing, recycling, and disposing of various types of solid waste. 2. On February 19, 2013, the Board adopted Resolution No. 13-026, which established the "tipping fees" (i.e rates) that the County currently charge for processing and disposing of solid waste and recyclable materials at the County's Facility 3. On June 17, 2014, the Board adopted Resolution 14-089, which established a new tipping fee for the disposal of certain recovered screened materials in the County's Class 1 landfill. 4. The Board now desires to establish a new fee for segregated single stream glass and increase the weight ticket cost as it has not been adjusted in over twenty—five (25) years. 5. The tipping fees established in Section A, below, are reasonable and appropriate — i.e., the rates fairly +� compensate the County for the services it provides when processing solid waste and recyclable materials at the County's Facility. o The rates, limitations, and other provisions set forth in Sections A, B, C, D, and E, below, are in the best interest of the public and y m they are necessary for the protection of the public health, safety, and welfare. W 6. This resolution is identical to Resolution 14-089, except for certain new provisions that are being added to r Section A.1.c and Section A.2.i, below. The new provisions in these two sections are highlighted with underlining. 0 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that the following N tipping fees for the use of the County's Facility, and the following provisions concerning the use of the County's Facility, are hereby W approved and adopted: IX SECTION A: 1. Minimum fees for disposal of all solid waste. a. Automobiles and utility vehicles: Regular fee $2.50 per load Uncovered/Unsecured $5.00 per load Vans, trucks, including open bed pick-up trucks, trailers: Regular fee $4.50 per load Uncovered fee/Unsecured $9.00 per load C. Recovered screened material $2.50 per load* NOTE: *To qualify for this rate, the recovered screened material must be generated when recycling construction and demolition debris and the recovered screened material must be suitable for use as initial daily cover in the County's Class I landfill, as determined by the County's Solid Waste Director. 2. Tonnage rates, applicable to all loads in excess of the minimums set forth in paragraph 1. Packet Pg. 84 a. Class I waste - all solid waste, except: yard waste, construction and demolition debris, septage, white goods, hazardous waste, tires, special waste and any solid waste that cannot be disposed of in the County's Landfill under an applicable federal, state or local regulation: Regular fee $41.00 per ton Uncovered fee/Unsecured $82.00 per ton b. Construction and Demolition (C & D) Class III—` a#e - construction and demolition debris, building materials, and packaging materials: Regular fee $19.00 $26.00 per ton Uncovered fee/Unsecured $38.00 per ton C. Yard Waste - vegetative matter resulting from landscaping, yard maintenance, and land clearing activities: Regular fee $26.00 per ton Uncovered fee/Unsecured $52.00 per ton d. Whole tires: Minimum fee $0.80 per automobile tires smaller than 20" rim size for disposal of up to 5 automobile tires Tonnage rates, applicable for disposal of more than 5 automobile tires (less than 20" rim size): Regular fee $ 85.00 per ton Uncovered fee/Unsecured $170.00 per ton e. Shredded or split tires: Regular fee $51.00 per ton Uncovered fee/Unsecured $102.00 per ton f. Large tires: all tires 20" rim size and larger including float tires, truck tires and off -road tires: Regular fee $300.00 per ton (No cover required) g. White goods and other appliances: Secured fee $2.50 per load Uncovered/Unsecured fee $5.00 per load h. Clean Wood: Regular fee $15.00 per ton Uncovered fee/Unsecured $30.00 per ton NOTE: Pressure treated wood and painted wood must be handled as Class I waste. i. Single Stream Recyclable Materials: $55.00 per ton L Single Stream Glass: IN m .r tv d d LL 0) c .Q a H C 'a E a c 0 m d' r Lh 0 N U) W W rn 00 0 r C W m d' c tv J c a� E t ca Q Packet Pg. 85 $4.50 per ton NOTE: Single stream recyclable materials will only be accepted (1) from a hauler that has an exclusive franchise for the collection of the residential waste generated in the unincorporated areas of the County and (2) when the County's Solid Waste Director determines it is in the public interest to accept such materials from a person or entity other than the County's exclusive franchisee. The Solid Waste Director or his designee shall determine which single stream facilities may deliver glass and the quantity that will be accepted from each facility. k. f= Source Separated Food Waste $55.00 per ton NOTE: Source separated food waste will only be accepted from a hauler that has an exclusive franchise for the collection of the residential waste generated in the unincorporated areas of the County. 1_�_. Baling and Handling Fee for Recyclables: $8.00 per ton This rate only applies to the baling and handling of Recyclable Materials delivered by a hauler that has an exclusive franchise for the collection of the residential waste generated in the unincorporated areas of the County. 3. Special Wastes - wastes requiring special handling including but not limited to ashes, asbestos, and contaminated soils: Regular fee $ 70.00 per ton Uncovered fee/Unsecured $140.00 per ton A minimum one ton fee will be charged for the disposal of all special wastes. 4. Spent fluorescent light bulbs: $.20 per bulb for St. Lucie County businesses $.40 per bulb for non -county businesses 5. Fees for weighing trucks at the Facility's scale house. Misc. Weight determination: $258 $10.00 per weighing 6. Out of County Waste: The disposal of solid waste generated outside of St. Lucie County must be approved by the Solid Waste Director or his designee. SECTION B. Municipalities and approved operators shall pay the fees specified in Section A of this Resolution on a monthly basis, following their receipt of the County's bill for the use of the County's solid waste management facility. SECTION C. All other users of the County's solid waste management facilities shall pay the fees specified in Section A of this Resolution when they deliver their solid waste or recyclable materials to the St. Lucie County Landfill, unless the user has entered into a Landfill Use Agreement with the County and posted the required security. SECTION D. Effective '��'•1, 2914 October 1. 2015, this Resolution shall repeal, supersede, and replace Resolution No. I R 02614-089. 3 Packet Pg. 86 SECTION E. ATTEST: All of the rates set out in this Resolution shall take effect on 'u'� y 1, 20014 October 1, 2015. After a motion and second, the vote on this Resolution was as follows: Chair Paula A. Lewis XXX Vice Chair Kim Johnson XXX Commissioner Chris Dzadovsky XXX Commissioner Tod Mowery XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED this day of 2015. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney a] r O N Ch LU W Packet Pg. 87 8.D.1 ITEM NO. (ID # 3010) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: 4113IX4is BACKGROUND: Susan Jacob, Library Manager Library Services Division DATE: 08/18/2015 *CONSENT AGENDA\COMMUNITY SERVICES Public Library Construction Grant - Rosser Boulevard Branch Library On July 17, 2015, the St. Lucie County Library System was notified by the Florida Department of State Division of Library and Information Services that the Rosser Boulevard Branch Library Construction Project Grant request had been funded by the State Legislature. The grant award is $500,000.00. The required 50% grant match has previously been met with the County's purchase of the Rosser property in 2013. The remaining costs associated with renovating and furnishing the library will be funded by budgeted library impact fees. The Friends of the St. Lucie County Library have agreed to donate $250,000.00 for the project. Including the purchase of the Rosser property, the project is estimated to cost $5,000,000.00. Under the Terms and Conditions of the grant, a construction contract must be awarded no later than December 23, 2016. Grant funds will be paid in no more than four (4) payments on a reimbursement basis. PREVIOUS ACTION: March 18, 2014 - Board Resolution authorizing the Public Library Construction Grant submission. FINANCIAL IMPACT: A fund will be established when the construction contract is awarded. RECOMMENDATION: Staff recommends Board approval of the Grant Agreement and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 88 8.D.1 Coordination/Signatures 6yd2er, Community Services Dir r 7/29/2015 Danie 5. McIntyre, Cgifinty ttorney 8/3/2015 Updated: 8/11/2015 12:06 PM by Donna Calise Page 2 Packet Pg. 89 8.D.1.a 17 AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Susan Jacob, Library Manager SUBMITTED BY: Library Services Division ITEM NO. RES-2014-33 DATE: 03/18/2014 *CONSENT AGENDA\COMMUNITY SERVICES SUBJECT: Resolution 2014-33 _ Resolution to Submit the Public Library Construction Grant for State FY 2015/2016 BACKGROUND: In order to submit an application for the State of Florida Public Library Construction Grant for State FY 2015-2016 a resolution is required. The resolution authorizes the grant submission and certifies that the match of 50% of the grant is available. The purchase of the facility at Rosser Blvd qualifies as the match since these funds will be used for the renovation of the building. PREVIOUS ACTION: N/A FINANCIAL IMPACT: The Library Construction Grant would provide $500,000 of the total estimated project cost for the Rosser Blvd Library of $5,000,000 if the grant is approved. The grant match is available in the Library Impact Fee Fund (310001-7110-562000-137608). RECOMMENDATION: Board approval of the Resolution and authorization for the Chair to sign documents as approved by the County Attorney. . COMMISSION ACTION: RESULT: ADOPTED [UNANIMOUS] AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson Packet Pg. 90 8.D.1.a Coordination/Signatures bettfliyder, Community Services Dir r 3/5/2014 C R / 9obeLtkofstkylZtDepu, - Oanie 5. McIntyre, Cnty/fttorney 3/6/2014 .0 �dmlnlstrato /2034 L / - i rn c O U Updated: 3/10/2014 8:43 AM by Bob Bentkofsky A Page 2 L R L J t) 3 IL U U Packet Pg. 91 8.D.1.a RESOLUTION 14-033 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AUTHORIZING FOR THE SUBMISSION OF THE PUBLIC LIBRARY CONSTRUCTION GRANT APPLICATION FOR STATE FISCAL YEAR 2015/16 WITH THE FLORIDA DEPARTMENT OF STATE, DIVISON OF LIBRARY AND INFORMATION SERVICES; CERTIFYING THAT MATCHING FUNDS, WILL BE PROVIDED AND UNENCUMBERED UPON AWARD OF THE GRANT; AUTHORIZING THE CHAIR OF THE BOARD OF COUNTY COMMISSONERS TO EXECUTE THE APPLICATION AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE APPLICATION BY APPROVING IT AS TO FORM AND CORRCTNESS; CERTIFYING THAT THE FUNDING IS SUFFICIENT AND WILL BE AVAILABLE IN ORDER FOR THE LIBRARY BUILDING TO BE COMPLETED; CERTIFYING THAT SUFFICENT FUNDS WILL BE AVAILABLE TO OPERATE THE FACILITY UPON COMPLETION OF CONSTRUCTION; AND CERTIFYING THAT THE BUILDING WILL BE USED EXCLUSIVELY FOR THE PUBLIC LIBRARY PURPOSES FOR WHICH CONSTRUCTED. WHEREAS, the St. Lucie County Board of County Commissioners, Florida, has made the following determinations: WHEREAS, in order for the Florida Department of State, Division of Library and Information Services to approve the Public Library Construction Grant Application a resolution must be adopted authorizing the submission of the Public Library Construction Grant Application for State Fiscal Year 2015/2016; and, WHEREAS, the St. Lucie County Board of County Commissioners must certify that the required match of fifty (50%) percent will be provided and unencumbered upon award of the grant; and, WHEREAS, authorization of the Chair of the St. Lucie County Board of County Commissioners certifying that matching funds will be provided and unencumbered upon award of the grant; authorizing the Chair of the Board and the County Attorney to execute the application; and Packet Pg. 92 8.D.1.a WHEREAS, the St. Lucie County Board of County Commissioners must certify that funding is sufficient and will be available in order for the library building to be completed, and further that sufficient funds will be available to operate the facility upon completion of construction; and, WHEREAS, the St. Lucie County Board of County Commissioners must hereby further certify that the building will be used exclusively for public library purposes. NOW, THEREFORE, BE IT RESOLVED: 1. The St. Lucie County Board of County Commissioners authorizes the submission of the Public Library Construction Grant Application for Fiscal Year 2015/16 with the Florida Department of State, Division of Library and Information Services. 2. This Board does certify that the required match of fifty (50%) percent will be provided and unencumbered upon award of the grant. 3. The Chair is hereby authorized to execute the Public Library Construction Grant approved by this resolution, and further the County Attorney is hereby authorized to execute the application by approving it as to form and correctness. 4. This Board does hereby certify that funding is sufficient and will be available in order for the library building to be completed, and further that sufficient funds will be available to operate the facility on completion of construction. 5. This Board does hereby certify that the building will be used exclusively for public library purposes for which constructed. 6. The St. Lucie County Library Services manager is hereby directed to send a copy of this resolution to the Grants Office, Division of Library and Information Services, Florida Department of State, R.A. Gray Building, 500 S. Bronough Street, Tallahassee, Florida 32399-0250 E Packet Pg. 93 8.D.1.a That this resolution shall take effect immediately upon its adoption. PASSED DULY ADOPTED on this ,}. day of 1' L �t!' A�FET: r. eputy Clerk 2014. BOARD OF COUNTY CO SIONERS ST. LUCIFs��OUNTY, F ORIDA'� Biv .Chair APPROV AS TO FOR ND CORRECTN ��1(/ I/A County A orney Packet Pg. 94 I 8.D.1.b I PUBLIC LIBRARY CONSTRCUTION GRANTS NOTIFICATION OF GRANT AWARD . RECENaBY Fiscal Year 2015-16 Recipient: Saint Lucie County Library System 101 Melody Lane Fort Pierce, FL 34950-4402 Susan Jacob, Library System Manager PROJECT Rosser Boulevard Branch TERMS AND CONDITIONS JUL2 2 2015 I. IBRARYADMINIMATION Project Start Date: July 1, 2015 PROJECT # CSFA # AWARD 16-PLC-04 45.020 $500,000 The following materials must be submitted to the Division no later than 30 days prior to the construction project being let for bid or the Guaranteed Maximum Price being awarded. This includes contracts for construction management services and design -build contracts. 1. Final floor plan with furnishings and equipment; 2. Final site plan; and 3. Final elevations. Submit one set of specifications and two sets of drawings prepared by a licensed architect. One set of these plans shall be 24" x 36" or 30" x 42" and the other shall be 11" x 14". If there are changes in the design or size of the building, the grantee shall provide revised floor plans, site plans and elevations to the Division. A contract for construction must be awarded no later than December 23, 2016. pu�n'(�4� / 1-) 1(5 Amy U. Jo n on, Director Date Division of 113 rary and Information Services Florida Department of State, Division of Library and Information Services 500 South Bronough Street, Tallahassee, Florida 32399-0250, 850.245.6620 c 0 U L 0 U ca L J a 0 0 M 0 :r 0 z c 0 L 0 0 a� E U 0 a Page 1 of 1 Packet Pg. 95 8.D.1.c PROJECT NUMBER 16-PLC-04 PUBLIC LIBRARY CONSTRUCTION GRANT AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF STATE AND SAINT LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS for and on behalf of SAINT LUCIE COUNTY LIBRARY SYSTEM This Agreement is by and between the State of Florida, Department of State, Division of Library and Information Services, hereinafter referred to as the "Division," and the Saint Lucie County Library System hereinafter referred to as the "Grantee." The Grantee has submitted a grant application and has met all eligibility requirements and has been awarded a Library Construction Grant (CSFA 45.020) by the Division: grant number 16-PLC-04 for the project "Rosser Boulevard Branch," in the amount of $500,000. Funds for this grant have been appropriated in the FY2015-16 General Appropriations Act on line 3112A. The Division has the authority to administer this grant in accordance with Section 257.191, Florida Statutes. By reference, the application and any approved revisions are hereby made a part of this agreement. In consideration of the mutual covenants and promises contained herein, the parties agree as CD follows: M 1. Grant Purpose. This grant shall be used exclusively for the "Rosser Boulevard Branch," the E public purpose for which these funds were appropriated. L a� a a) The Grantee shall perform the following Scope of Work: ,L^ V Renovate an existing building of approximately 20,800 square feet to become a branch of the Saint Lucie County Library System. All tasks associated with the project, as outlined r in the Project Description (see Attachment A), will be performed by June 1, 2018. All C6 project work will be completed under the supervision of a licensed architect or licensed contractor. E t �a b) The Grantee agrees to provide the following Deliverables and Performance Measures Q related to the Scope of Work for payments to be awarded Payment 1: ■ The first payment will be a fixed price in the amount of 30 percent (30%) of the grant award. The Grantee will have completed at least 30 percent (30%) of the project prior to payment. The performance measure documenting satisfactory completion of Deliverables will be a completed Application and Certificate for Payment (AIA Document G702) and Schedule of Contract Values (AIA Public Library Construction Guidelines and Application Chapter 113-2,01 I (2)(b), Florida Administrative Code, Effective 4-2015 Page 1 of 21 Packet Pg. 96 8.D.1.c Document G703), or its equivalent (see Appendix 1), showing at least 30 percent (30%) of the project completed. Payment 2: ■ The second payment will be a fixed price in the amount of 30 percent (30%) of the grant award. The Grantee will have completed at least 60 percent (60%) of the project prior to payment. The perforlance measure documenting satisfactory completion of Deliverablcs will be a completed Application and Certificate for Payment (AIA Document G702) and Schedule of Contract Values (AIA Document G703), or its equivalent (see Appendix 1), showing at least 60 percent (60%) of the project completed. Payment 3: ■ The third payment will be a fixed price in the amount of 30 percent (30%) of the grant award. The Grantee will have completed 100 percent (100%) of the project prior to payment. The performance measure documenting satisfactory completion of Deliverables will be a completed Application and Certificate for Payment (AIA Document G702), Schedule of Contract Values (AIA Document G703), and a Certificate of Substantial Completion (AIA Document G704), or its equivalent (see Appendix 1), showing 100 percent (100%) of the project completed, including all retainage amounts paid. Payment 4: ■ The fourth payment will be a fixed price in the amount of 10 percent (10%) of the grant award. The Grantee will have completed all project and agreement obligations prior to payment. The performance measure documenting satisfactory completion of Deliverables will be submission and acceptance of a Library Construction Closeout Report (see Section 9) that certifies that all project funds have been expended and the project has been closed out. c) The Grantee has provided an Estimated Project Budget (which is incorporated as part of this Agreement and titled Attachment B). All expenditures for this agreement shall be in accordance with this budget (Attachment B). d) Change Orders. Should grant expenditures exceed the budgeted category amount by more than 20%, the Grantee shall be required to submit a proposal for revision of the Project Budget with a written explanation for the reason(s) for deviation(s) from the original Project Budget to the Division for review and written approval. 2. Length of Agreement. This Agreement shall begin on July 1, 2015 and shall end June 1, 2018 unless terminated in accordance with the provisions of Section 34 of this Agreement. Contract extensions will not be granted unless Grantee is able to provide substantial written justification and the Division approves such extension. The Grantee's written request for such extension must be submitted to the Division no later than thirty (30) days prior to the termination date of this Agreement. Public Library Construction Guidelines and Application Chapter 1B-2.011(2Xb), FlaidaAdnunistralire Code, Effective 4-2015 Page 2 of 21 Q Packet Pg. 97 8.D.1.c 3. Contract Administration. The parties are legally bound by the requirements of this agreement. Each party's contract manager, named below, will be responsible for monitoring its performance under this Agreement and will be the official contact for each party. Any notice(s) or other communications in regard to this agreement shall be directed to or delivered to the other party's contract manager by utilizing the information below. Any change in the contact information below should be submitted in writing to the contract manager within 10 days of the change. For the Division of Library and Information Services: Marian Deeney, Library Program Administrator Florida Department of State R.A. Gray Building Mail Station OD 500 South Bronough Street Tallahassee, FL 32399 Phone: 850.245.6620 Facsimile: 850.245.6643 Email: marian.deeney@dos.myflorida.com For the Grantee: 2 Roger Shinn, Manager, Facilities 3 Park, Recreation & Facilities a 2300 Virginia Avenue Fort Pierce, Florida 34982-5632 M Phone: 772.462.1432 Facsimile: 772.462.2750 E Email: shinnr@stlucieco.org L a� a 4. Grant Payments. All grant payments are requested by submitting a Public Library Construction Payment Request form. The Public Library Construction Payment Request form is available on the Division's website at info.florida.gov/services-for- libraries/grants/construction/guidelines-application-and-forms/. The total grant award shall r not exceed $500,000 which shall be paid by the Division in consideration for the Grantee's C6 minimum performance as set forth by the terms and conditions of this Agreement. The grant payment schedule is outlined below: E a) The first payment will be 30 percent (30%) of the grant award. Payment will be made in Q accordance with the completion of the Deliverables and performance measures b) The second payment will be 30 percent (30%) of the grant award. Payment will be made in accordance with the completion of the Deliverables and performance measures. c) The third payment will be 30 percent (30%) of the grant award. Payment will be made in accordance with the completion of the Deliverables and performance measures. Public Library Construction Guidelines and Application Chapter 1 B-2.01 l (2)(h), Florida Administrative Corte, Effective 4-2015 Page 3 of 21 Packet Pg. 98 8.D.1.c d) The fourth payment will be 10 percent (10%) of the grant award. Payment will be made in accordance with the completion of the Deliverables and performance measures. 5. Electronic Payments. The Grantee can choose to use electronic funds transfer (EFT) to receive grant payments. All grantees wishing to receive their award through EFT must submit a Vendor Direct Deposit Authorization form to the Florida Department of Financial Services. If EFT has already been set up for your organization, you do not need to submit another authorization form unless you have changed bank accounts. To download this form visit myfloridaefo.com/Division/AA/Fonns/DFS-Al-26E.pd The form also includes tools and information that allow you to check on payments. 6, Florida Substitute Form W-9. A completed Substitute Form W-9 is required from any entity that receives a payment from the State of Florida that may be subject to 1099 reporting. The Department of Financial Services (DFS) must have the correct Taxpayer Identification Number (TIN) and other related information in order to report accurate tax information to the Internal Revenue Service (IRS). To register or access a Florida Substitute Form W-9 visit flvendor.myfloridacfo.com/. A copy of the Grantee's Florida Substitute Form W-9 must be submitted with the executed Agreement. 7. Amendment to Contract. Either party may request modification of the provisions of this Agreement by filing a Grant Agreement Amendment Request form with the Division. Changes that are agreed upon shall be valid only when in writing, signed by each of the parties and attached to the original of this Agreement. If changes are implemented without the Division's written approval, the organization is subject to noncompliance, the grant award is subject to partial or complete refund to the State of Florida and this agreement is subject to termination. The Grant Agreement Amendment Request is available on the Division's website at info.florida.gov/services-for-libraries/grants/construction/guidelines- application-and-forms/. 8. Financial Consequences. The Department shall apply the following financial consequences for failure to perform the minimum level of services required by this Agreement in accordance with Sections 215.971 and 287.058, Florida Statutes: a) First payment will be withheld if Deliverables are not satisfactorily completed. b) Second payment will be withheld if Dcliverables are not satisfactorily completed. c) Third payment will be withheld if Deliverables are not satisfactorily completed, d) Fourth payment will be withheld if Deliverables are not satisfactorily completed. 9. Grant Reporting Requirements. The Grantee must submit a progress report every six (6) months until the project is completed. At the completion of the project, the Grantee must submit a Library Construction Closeout Report. The Progress Report form and the Library Construction Closeout Report form are available on the Division's website at info. florida.gov/services-for-libraries/grants/construction/guidelines-application-and-forms/. Public Library Construction Guidelines and Application Chapter 1 B-2.0 l 1(2)(b), Florida Administrative Code, Effective 4-2015 Page 4 of 21 Q Packet Pg. 99 8.D.1.c 10. Matching Funds. Matching funds must equal the grant amount, dollar for dollar. Upon request, the Division will waive the financial matching requirements on grants for Rural Economic Development Initiative (REDI) counties or communities that have been designated in accordance with Sections 288.0656 and 288.06561, Florida Statutes. 11. Grant Completion Deadline. The grant completion deadline is June 1, 2018. The Grant Completion Deadline is the date when the project is 100% complete and all grant and matching funds have been paid out in accordance with the work described in the Scope of Work, detailed in the Estimated Project Budget. If the Grantee finds it necessary to request an extension of the Grant Completion Deadline, the extension may not exceed 120 days unless the Grantee can demonstrate extenuating circumstances as described in Section 12 of this Agreement. 12. Extension of the Grant Completion Deadline. An extension of the completion date must be requested at least thirty (30) days prior to the end of the grant period and may not exceed 120 days, unless the Grantee can clearly demonstrate extenuating circumstances. An extenuating circumstance is one that is beyond the control of the Grantee and prevents timely completion of the project, such as a natural disaster, death or serious illness of the individual responsible for the completion of the project, litigation related to the project, or failure of the contractor or architect to provide the services for which they were contracted to provide. An extenuating circumstance does not include failure to read or understand the administrative requirements of a grant or failure to raise sufficient matching funds. Prior written approval is required for extensions. 13. Credit Line(s) to Acknowledge Grant Funding, Each construction project shall display a project identification sign in a prominent location at the project site and shall maintain said sign while work is in progress. The sign must be a minimum of eight (8) square feet in area, E be constructed of plywood or other durable material, and contain the following acknowledgment of grant assistance: Q r a) "This project is sponsored in part by the Department of State, Division of Library and Information Services and the State of Florida" (Section 286.25, Florida Statutes). r b) Any variation in the above specifications must receive prior approval in writing by the C6 Division. The cost of preparation and erection of the project identification sign are allowable project costs. Routine maintenance costs of project identification signs are not E allowable project costs. r r Q Public Library Construction Guidelines and Application Chapter 1 B-2.011(2)(b), Florida Administrative Code, Effective 4-2015 Page 5 of 21 Packet Pg. 100 8.D.1.c 14. Non -allowable Grant Expenditures. The Grantee agrees to expend all grant funds received under this agreement solely for the purposes for which they were authorized and appropriated. Expenditures shall be in compliance with the state guidelines for allowable project costs as outlined in the Department of Financial Services' Reference Guide for State Expenditures, which are available online at myfloridacfo.com/aadir/reference guide/. In addition, the following are not allowed as grant or matching expenditures: a) In -kind services. b) Routine maintenance costs of project signs. 15. Unobligated and Unearned Funds and Allowable Costs. In accordance with Section 215.971, Florida Statutes, the Grantee shall refund to the State of Florida any balance of unobligated funds which has been advanced or paid to the Grantee. In addition, funds paid in excess of the amount to which the recipient is entitled under the terms and conditions of the agreement must be refunded to the state agency. Further, the recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. Expenditures of state financial assistance must be in compliance with the laws, rules and regulations applicable to expenditures of state funds, including, but not limited to, the Reference Guide for State Expenditures. 16. Repayment. All refunds or repayments to be made to the Department under this agreement are to be made payable to the order of "Department of State" and mailed directly to the following address: Florida Department of State, Attention: Marian Deeney, Division of Library and Information Services, 500 South Bronough Street Tallahassee, FL 32399. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the Department for collection, Recipient shall pay to the Department a service fee of $15.00 or five percent (5%) of the face amount of the returned check or draft, whichever is greater. 17.Operation and Use of Facility. A facility that will be constructed, remodeled or expanded using state grant funds must be maintained as a public library for a period of 20 years. Failure to maintain the facility exclusively as a public library for the 20-year period will result in repayment of all or a portion of the grant funds. The 20-year period begins on the date of project closeout. If the facility is not maintained as a public library for the 20-year period and release from the unconditional use requirement has not been requested and approved, the repayment schedule is as follows: a) For each year that the facility is maintained as a public library, reduce the amount to be repaid by 5%, i.e., I year — 95% of the grant funds, 5 years — 75% of the grant funds, 10 years — 50% of the grant funds, etc. b) If the facility is not maintained as a public library for an entire year, the amount to be repaid will be prorated based on the number of months the facility was not maintained as a public library, rounded to the next whole month. Public Library Construction Guidelines and Application Chapter 1 B-2.011{2)(b), Florida fldinhiislrafive Code, Effective 4-2015 Page 6 of 21 Q Packet Pg. 101 8.D.1.c Release from the unconditional use requirement may be requested and will be granted if a situation arises that will provide a library facility to serve the same community that will result in a higher level of library service, The request shall be submitted in writing to the Director of the Division of Library and Information Services. 18. Historic Preservation Review. If the facility that is being renovated with state funds is fifty (50) years old or older, then in accordance with Sections 267.061(2)(a) and (b), Florida Statutes, the Grantee must submit information about the grant project to the Division of Historical Resources, Bureau of Historic Preservation (Bureau), so that it may determine whether the project has historic significance. Should the Bureau deem the facility to have historic significance, grant funds may only be released after the Bureau notifies the Division, in writing, that the Grantee has satisfied the Bureau's requirements. If the facility is not deemed to be of historic significance, grant funds will be released to Grantee in accordance with Section 4 of this Agreement. 19. Single Audit Act. Each grantee, other than a grantee that is a state agency, shall submit to an audit pursuant to Section 21597, Florida Statutes. See Attachment C for additional information regarding this requirement. 20. Retention of Accounting Records. Financial records, supporting documents, statistical records and all other records including electronic storage media pertinent to the Project shall be retained for a period of five (5) fiscal years after the close out of the grant and release of the audit. If any litigation or audit is initiated or claim made before the expiration of the five- year period, the records shall be retained until five (5) fiscal years after the litigation, audit or claim has been resolved. 21. Obligation to Provide State Access to Grant Records. The Grantee must make all grant records of expenditures, copies of reports, books, and related documentation available to the Division or a duly authorized representative of the State of Florida for inspection at reasonable times for the purpose of making audits, examinations, excerpts and transcripts. 22.Obligation to Provide Public Access to Grant Records. The Division reserves the right to unilaterally cancel this Agreement in the event that the Grantee refuses public access to all documents or other materials made or received by the Grantee that are subject to the provisions of Chapter 119, Florida Statutes, known as the Florida Public Records Act. The Grantee must immediately contact the Division's Contract Manager for assistance if it receives a public records request related to this Agreement. r Q 23. Investment of Funds Received But Not Paid Out. The Grantee may temporarily invest any or all grant funds received but not expended in an interest bearing account pursuant to Section 216.181(16)(b), Florida Statutes. Interest earned on such investments should be returned to the Division quarterly, except that interest accrued less than $100 within any quarter may be held until the next quarter when the accrued interest totals more than $100. All interest accrued and not paid to the Division, regardless of amount, must be submitted with the Grantee's Final Report at the end of the Grant Period. Public Library Construction Guidelines and Application Chapter 113-1011(2)(b), Florida Administrative Code, Effective 4-2015 Page 7 of 21 Packet Pg. 102 8.D.1.c 24. Noncompliance. Any Grantee that is not following Florida statutes or rules, the terms of the grant agreement, Florida Department of State policies and guidance, local policies, or other applicable law or that has not submitted required reports or satisfied other administrative requirements for other Division of Library and Information Services grants or grants from any other Office of Cultural, Historical, and Information Programs (OCHIP) Division will be in noncompliance status and subject to the OCHIP Grants Compliance Procedure. OCHIP Divisions include the Division of Cultural Affairs, the Division of Historical Resources, and the Division of Library and Information Services. Grant compliance issues must be resolved before a grant award agreement may be executed and before grant payments for any OCHIP grant may be released. 25. Accounting Requirements. The Grantee must maintain an accounting system that provides a complete record of the use of all grant funds as follows: a) The accounting system must be able to specifically identify and provide audit trails that trace the receipt, maintenance and expenditure of state funds; b) Accounting records must adequately identify the sources and application of funds for all grant activities and must classify and identify grant funds by using the same budget categories that were approved in the grant application. If Grantee's accounting system accumulates data in a different format than the one in the grant application, subsidiary records must document and reconcile the amounts shown in the Grantee's accounting records to those amounts reported to the Division; c) An interest -bearing checking account or accounts in a state or federally chartered institution may be used for revenues and expenses described in the Scope of Work and detailed in the Estimated Project Budget; d) The name of the account(s) must include the grant award number; e) The Grantee's accounting records must have effective control over and accountability for all funds, property and other assets; and f) Accounting records must be supported by source documentation and be in sufficient detail to allow for a proper pre -audit and post -audit (such as invoices, bills and canceled checks). 26. Availability of State Funds. The State of Florida's performance and obligation to pay under this Agreement are contingent upon an annual appropriation by the Florida Legislature. In the event that the state funds upon which this Agreement is dependent are withdrawn, this Agreement will be automatically terminated and the Division shall have no further liability to the Grantee beyond those amounts already expended prior to the termination date. Such termination will not affect the responsibility of the Grantee under this Agreement as to those funds previously distributed. In the event of a state revenue shortfall, the total grant may be reduced accordingly. Public Library Construction Guidelines and Application Page S of 21 Chapter 1 B-2.011(2)(b), Florida Administrative Code, Effective 4-2015 Q Packet Pg. 103 8.D.1.c 27. Lobbying. The Subgrantee will not use any grant funds for lobbying the state legislature, the state judicial branch or any state agency. 28. Independent Contractor Status of Grantee, The Grantee, if not a state agency, agrees that its officers, agents and employees, in performance of this Agreement, shall act in the capacity of independent contractors and not as officers, agents or employees of the state. The Grantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment by the State of Florida. 29. Grantee's Subcontractors. The Grantee shall be responsible for all work performed and all expenses incurred in connection with this Agreement. The Grantee may subcontract, as necessary, to perform the services and to provide commodities required by this Agreement. The Division shall not be liable to any subcontractor(s) for any expenses or liabilities incurred under the Grantee's subcontract(s), and the Grantee shall be solely liable to its subcontractor(s) for all expenses and liabilities incurred under its subcontract(s). The Grantee must take the necessary steps to ensure that each of its subcontractors will be deemed to be independent contractors and will not be considered or permitted to be agents, servants, joint venturers or partners of the Division. 30. Liability. The Division will not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, servants or employees; nor may the Grantee exclude liability for its own acts, omissions to act or negligence to the Division. a) The Grantee shall be responsible for claims of any nature, including but not limited to injury, death and property damage arising out of activities related to this Agreement by the Grantee, its agents, servants, employees and subcontractors. The Grantee shall indemnify and hold the Division harmless from any and all claims of any nature and shall investigate all such claims at its own expense. If the Grantee is governed by Section 768,28, Florida Statutes, it shall only be obligated in accordance with this Section. b) Neither the state nor any agency or subdivision of the state waives any defense of sovereign immunity or increases the limits of its liability by entering into this Agreement c) The Division shall not be liable for attorney fees, interest, late charges or service fees, or cost of collection related to this Agreement. d) The Grantee shall be responsible for all work performed and all expenses incurred in connection with the project. The Grantee may subcontract as necessary to perform the services set forth in this Agreement, including entering into subcontracts with vendors for services and commodities, provided that such subcontract has been approved in writing by the Department prior to its execution and provided that it is understood by the Grantee that the Department shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. Public Library Construction Guidelines and Application Chapter 1 B-2.01 l (2)(b), Florida Administralive Code, Effective 4-2015 Page 9 of 21 Q Packet Pg. 104 8.D.1.c 31. Strict Compliance with Laws. The Grantee shall perform all acts required by this Agreement in strict conformity with all applicable laws and regulations of the local, state and federal law. For consequences of noncompliance, see Section 24, Noncompliance. 32. No Discrimination. The Grantee may not discriminate against any employee employed under this Agreement or against any applicant for employment because of race, color, religion, gender, national origin, age, handicap or marital status. The Grantee shall insert a similar provision in all of its subcontracts for services under this Agreement. 33. Breach of Agreement. The Division will demand the return of grant funds already received, will withhold subsequent payments and/or will terminate this agreement if the Grantee improperly expends and manages grant funds; fails to prepare, preserve or surrender records required by this Agreement; or otherwise violates this Agreement. 34. Termination of Agreement. The Division will terminate or end this Agreement if the Grantee fails to fulfill its obligations herein. In such event, the Division will provide the N Grantee a notice of its violation by letter and shall give the Grantee fifteen (15) calendar days o from the date of receipt to cure its violation. If the violation is not cured within the stated v period, the Division will terminate this Agreement. The notice of violation letter shall be delivered to the Grantee's Contract Manager, personally, or mailed to his/her specified J address by a method that provides proof of receipt. In the event that the Division terminates 2 this Agreement, the Grantee will be compensated for any work completed in accordance with this Agreement prior to the notification of termination if the Division deems this reasonable a under the circumstances. Grant funds previously advanced and not expended on work completed in accordance with this Agreement shall be returned to the Division, with interest, M within thirty (30) days after termination of this Agreement. The Division does not waive any of its rights to additional damages if grant funds are returned under this Section. E a� a� 35. Preservation of Remedies. No delay or omission to exercise any right, power or remedy Q accruing to either party upon breach or violation by either party under this Agreement shall impair any such right, power or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default or any similar breach or default. 0 36. Non -Assignment of Agreement. The Grantee may not assign, sublicense or otherwise r transfer its rights, duties or obligations under this Agreement without the prior written consent of the Division, which shall not unreasonably be withheld. The agreement transferee E must demonstrate compliance with the requirements of the project. If the Division approves a transfer of the Grantee's obligations, the Grantee shall remain liable for all work performed Q and all expenses incurred in connection with this Agreement. In the event the Legislature transfers the rights, duties and obligations of the Division to another governmental entity, pursuant to Section 20.06, Florida Statutes or otherwise, the rights, duties and obligations under this Agreement shall be transferred to the succeeding governmental agency as if it was the original party to this Agreement. Public Library Construction Guidelines and Application Page 10 of 21 Chapter I B-2.011(2)(b), Florida Rdministf-afive Code, Effective 4-2015 Packet Pg. 105 8.D.1.c 37. Required Procurement Procedures for Obtaining Goods and Services. The Grantee shall provide maximum open competition when procuring goods and services related to the grant - assisted project in accordance with Section 287.057, Florida Statutes. a) Procurement of Goods and Services Not Exceeding $35,000. The Grantee must use the applicable procurement method described below: 1. Purchases Up to $2,500: Procurement of goods and services where individual purchases do not exceed $2,500 do not require competition and may be conducted at the Grantee's discretion. 2. Purchases or Contract Amounts Between $2,500 and $35,000: Goods and services costing between $2,500 and $35,000 require informal competition and may be procured by purchase order, acceptance of vendor proposals or other appropriate procurement document. b) Procurement of Goods and Services Exceeding $35,000. Goods and services costing over $35,000 may be procured by either Formal Invitation to Bid, Request for Proposals or Invitation to Negotiate and may be procured by purchase order, acceptance of vendor proposals or other appropriate procurement document. 38. Conflicts of Interest. The Grantee hereby certifies that it is cognizant of the prohibition of 3 conflicts of interest described in Sections 112.311 through 112.326, Florida Statutes and a affirms that it will not enter into or maintain a business or other relationship with any employee of the Department of State that would violate those provisions. The Grantee further M agrees to seek authorization from the General Counsel for the Department of State prior to entering into any business or other relationship with a Department of State Employee to E avoid a potential violation of those statutes. L 39. Binding of Successors. This Agreement shall bind the successors, assigns and legal a representatives of the Grantee and of any legal entity that succeeds to the obligations of the Division of Library and Information Services. 40. Employment of Unauthorized Aliens. The employment of unauthorized aliens by the r C6 Grantee is considered a violation of Section 274A (a) of the Immigration and Nationality Act. If the Grantee knowingly employs unauthorized aliens, such violation shall be cause for E unilateral cancellation of this Agreement. r r Q 41. Severability. If any term or provision of the Agreement is found to be illegal and unenforceable, the remainder will remain in full force and effect, and such term or provision shall be deemed stricken. 42. Americans with Disabilities Act, All programs and facilities related to this Agreement must meet the standards of Sections 553.501-553.513, Florida Statutes and the Americans with Disabilities Act of 1990. Public Library Construction Guidelines and Application Page 11 of 21 Chapter 1 B-2.011(2)(b), Florida Administrative Code, Effective 4-201 S Packet Pg. 106 8.D.1.c 43. Governing Law. This Agreement shall be construed, performed and enforced in all respects in accordance with the laws and rules of Florida. Venue or location for any legal action arising under this Agreement will be in Leon County, Florida. 44. Entire Agreement. The entire Agreement of the parties consists of the following documents: a) This Agreement b) Project Description (Attachment A) c) Estimated Project Budget (Attachment B) d) Federal and State of Florida Single Audit Act Requirements (Attachment C), including Exhibit 1 e) Schedule of Contract Values (Appendix 1) In acknowledgment of Grant Number 16-PLC-04, provided for from funds appropriated in the FY2015-2016 General Appropriation Act in the amount of $500,000, the Grantee hereby certifies that they have read this entire Agreement and will comply with all of its requirements. Grantee: M. Authorized Official for the Grantee Typed name and title Witness Date Public Library Construction Guidelines and Application Chapter l 13-2.01 I (2)(b), Florida Administrative Cade, Effective 4-2015 Department of State: Typed name and title Witness Date r Q Page 12 of 21 Packet Pg. 107 8.D.1.c Project Number: 16-PLC-04 Rosser Boulevard Branch ATTACHMENT A Project Description (The project description below was extracted from the original application submitted in April 2014) The Rosser Boulevard Branch Library will function as a major branch of the 5t. Lucie County Library System. Early in 2013, it was decided to revitalize the plan to build a branch in southwestern fort St LuCle. The Library surveyed the available properties, both developed and undeveloped and the listings produced a 20,7€36-Square-foot property for sale by the City of Port St, Lucie. Built in 2006, this former police substation sits on 3,22 acres of land. Situated in a busy corner of the County it is ideally located to serve the future needs of the over 100,000 residents who live within 5 miles of the location, Inspections were done and a sale with the City was negotiated. In August, 2013, St. Lucie County purchased the land and building for $23 million dollars, Given this population mix, the Rosser Boulevard Branch Library will function as most other libraries within the St. Lucie County Library system, albeit a more modern and current version The space will provide a functional, attractive arid safe space, and in this, the County's first new branch library in over 15 years, we will have a physical and virtual footprint easily able to deliver 215t century library services. It will be a full- service library offering flexible spaces that meet the evolving needs of our users. It will have a large meeting morn, private study rooms, and open seating areas. A separate children's room will be maintained, a young adult area will be developed to allow the teens to have the much -needed area of their own. We will create an environment that accommodates both existing and emerging technology and facilitates digital learning. The building's innovative environment will offer spaces for all ages designed to facilitate individual and grouts work, learning, creativity, exploration and enjoyment. An open- seating area for adults will offer adequate traditional public computer stations, but, in addition, the design will focus on offering the maximum number of accessible electrical outlets and seating for patrons with laptops. Space within the building will be set aside for a large rnulti-purpose meeting room with a dividable mobile seating capacity of 200 and a quality sound and projection system. Currently, the largest meeting room in our branches does not seat more than 156 (at Morningside branch). At present, no library meeting room is able to offer an environment conducive to large public cultural and educational events. Public Library Construction Guidelines and Application Chapter I B-2.011(2xb), Florida Administrative Code, Effective 4-2015 Page 13 of 21 Q Packet Pg. 108 8.D.1.c Project Number: 16-PLC-04 Rosser Boulevard Branch ATTACHMENT B Estimated Project Budget IV. ESTIMATED COST OF PROJECT A. Fmids By Category (1'rrdicate project cost by opplicable categories), 1. Arellliteet's Pecs (include planning costs) $ Approx_ 120,000 2. Site Acquisition 3. Acglrisitiorll cost ofbtlilding,and la11d 4, New Canstr►ictiorl; 5. Expaiisioii of existing buildilig G. 1terrrodeJirig of existing Wilding 7, Initial Equipment H. Other (Specify lnithd collection 9, TOTAL (Must equal 13.4) I3, Source ofF'unds: 1. I.ocal funds rivailablc 2. An>aunt oClunds 1cclucstcd lions the lrul�lic I,ibr111} Commiction Grant Program (Slate Gerierlll Reveoue) 3. Amount of furicls requcsted fi'01n Other Sl:1tc sources 4. TOTAL (Must equal A.9) Public Library Construction Guidelines and Application Chapter 1 B-2.011(2)(b), Florida Adminisiralive Carle, Effective 4-2015 $ 2,300,000 $ 1 600 000 $ 630,000 350,000 $ , 5,000,000 5 4,500,000 500,000 Page 14 of 21 r Q Packet Pg. 109 8.D.1.c ATTACHMENT C FEDERAL AND STATE OF FLORIDA SINGLE AUDIT ACT REQUIREMENTS AUDIT REQUIREMENTS The administration of resources awarded by the Department of State to the Grantee may be subject to audits and/or monitoring by the Department of State as described in this Addendum to the Grant Agreement. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR 2 Subpart F — Audit Requirements and Section 215.97, Florida Statutes, monitoring procedures may include, but not be limited to, on -site visits by Department of State staff, limited scope audits as defined by 2 CFR 2 §200.328 and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of State. In the event the Department of State determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department of State staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED to a� L This part is applicable if the recipient is a State or local government or a non-profit organization that has t� received federal funds awarded through the Department of State. Exhibit l to this attachment indicates L whether federal resources have been awarded through the Department of State by this agreement. 2 CFR 2 §200.501 Audit Requirements r o a. Audit required. A non-federal entity that expends $750,000 or more during the non-federal entity's c E fiscal year in federal awards must have a single or program -specific audit conducted for that year in accordance with the provisions of this part. Q b. Single audit. A non-federal entity that expends $750,000 or more during the non-federal entity's fiscal year in federal awards must have a single audit conducted in accordance with 2 CFR §200.514 Scope of audit, except when it elects to have a program -specific audit conducted in accordance with paragraph (c) of this section. c. Program -specific audit election. When an auditee expends federal awards under only one federal program (excluding R&D) and the federal program's statutes, regulations, or the terms and conditions of the federal award do not require a financial statement audit of the auditee, the auditee may elect to have Public Library Construction Guidelines and Application Page 15 of 21 Chapter 1 B-2.011(2)(b), Florida Administrative Code, Effective 4-2015 Packet Pg. 110 8.D.1.c a program -specific audit conducted in accordance with 2 CFR §200.507 Program -specific audits. A program -specific audit may not be elected for R&D unless all of the federal awards expended were received from the same federal agency, or the same federal agency and the same pass -through entity, and that federal agency, or pass -through entity in the case of a subrecipient, approves in advance a program -specific audit. d. Exemption when federal awards expended are less than $750,000. A non-federal entity that expends less than $750,000 during the non-federal entity's fiscal year in federal awards is exempt from federal audit requirements for that year, except as noted in 2 CFR §200.503 Relation to other audit requirements, but records must be available for review or audit by appropriate officials of the federal agency, pass -through entity, and Government Accountability Office (GAO). e. Federally Funded Research and Development Centers (FFRDQ. Management of an auditee that owns or operates a FFRDC may elect to treat the FFRDC as a separate entity for purposes of this part f. Subrecipients and contractors. An auditee may simultaneously be a recipient, a subrecipient, and a contractor. Federal awards expended as a recipient or a subrecipient are subject to audit under this part. The payments received for goods or services provided as a contractor are not federal awards. Section §200.330 Subrecipient and contractor determinations should be considered in determining whether payments constitute a federal award or a payment for goods or services provided as a contractor. g. Compliance responsibility for contractors. In most cases, the auditee's compliance responsibility for contractors is only to ensure that the procurement, receipt, and payment for goods and services comply with federal statutes, regulations, and the terms and conditions of federal awards. Federal award compliance requirements normally do not pass through to contractors. However, the auditee is responsible for ensuring compliance for procurement transactions which are structured such that the contractor is responsible for program compliance or the contractor's records must be reviewed to determine program compliance. Also, when these procurement transactions relate to a major program, the scope of the audit must include determining whether these transactions are in compliance with federal statutes, regulations, and the terms and conditions of federal awards. h. For profit subrecipient. Since this part does not apply to for -profit subrecipients, the pass -through entity is responsible for establishing requirements, as necessary, to ensure compliance by for -profit subrecipients. The agreement with the for -profit subrecipient should describe applicable compliance requirements and the for -profit subrecipient's compliance responsibility. Methods to ensure compliance for federal awards made to for -profit subrecipients may include pre -award audits, monitoring during the agreement, and post -award audits. See also §200.331 Requirements for pass -through entities. The Internet address listed below will assist recipients in locating documents referenced in the text of this agreement and with the interpretation of compliance issues. U.S. Government Printing Office www.cefr.gov Public Library Construction Guidelines and Application Chapter 1 B-2.011(2)(b), Florida Administrative Code, Effective 4-2015 Page 16 of 21 Q Packet Pg. 111 8.D.1.c PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes and has received state funds awarded by the Department of State. Exhibit 1 to this attachment indicates whether state resources have been awarded by the Department of State by this agreement. Section 215.97, Florida Statutes Single Audit Requirements 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a state single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. Exhibit 1 to this attachment indicates state financial assistance awarded through the Department of State by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of State, 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. 2. In connection with the audit requirements addressed in Part II, paragraph I of this attachment, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes and Chapter 10,550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its 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 nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). The Internet addresses listed below will assist recipients in locating documents referenced in the text of this agreement and with the interpretation of compliance issues. State of Florida Department Financial Services (Chief Financial Officer) fldfs.com r Q State of Florida Legislature (Statutes, Legislation relating to the Florida Single Audit Act) leg.state.fl.us Public Library Construction Guidelines and Application Chapter 1 B-2,011(2)(b), Florida Administrative Code, Effective 4-2015 Page 17 of 21 Packet Pg. 112 8.D.1.c PART III: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with 2 CFR 2 §200.512 and required by Part I of this attachment shall be submitted, when required by 2 CFR 2 §200.512, by or on behalf of the recipient, directly to each of the following: A. The Department of State at the following address: Office of Inspector General Florida Department of State R. A. Gray Building, Room I I4A 500 South Bronough St. Tallahassee, FL 32399-0250 B. The Federal Audit Clearinghouse, electronically, at harvester.census.gov/sac/ as designated in 2 CFR 2 §200.512. C. Other federal agencies and pass -through entities, in accordance with 2 CFR 2 §200.513 2. In the event that a copy of the reporting package for an audit required by Part I of this attachment and conducted in accordance with 2 CFR 2 §200.501 Audit Requirements is not required to be a submitted to the Department of State for the reasons pursuant to 2 CFR 2 §200.501, the recipient c shall submit the required written notification pursuant to 2 CFR 2 §200.501 (d) and a copy of the M recipient's audited schedule of expenditures of federal awards directly to the following: Office of Inspector General a� Florida Department of State R. A. Gray Building, Room 114A Q 500 South Bronough St. L Tallahassee, FL 32399-0250 ii A non-federal entity that expends less than $750,000 during the non-federal entity's fiscal r o year in federal awards is exempt from federal audit requirements for that year, except as noted in 2 CFR §200.503 Relation to other audit requirements, but records must be available E for review or audit by appropriate officials of the federal agency, pass -through entity and Government Accountability Office (GAO). Q Public Library Construction Guidelines and Application Chapter 18-2,01 l (2)(b), Florida Administrative Code, Effective 4-2015 Page IS of 21 Packet Pg. 113 8.D.1.c 3. Copies of financial reporting packages required by Part 11 of this attachment shall be submitted, by or on behalf of the recipient, directly to each of the following: A. The Department of State at the following address: Office of Inspector General Florida Department of State R. A. Gray Building, Room 1 I4A 500 South Bronough St. Tallahassee, FL 32399-0250 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building I 1 I West Madison Street Tallahassee, Florida 32399-1450 4. Any reports, management letters or other information required to be submitted to the Department of State pursuant to this agreement shall be submitted timely in accordance with 2 CFR 2 Subpart F, Audit Requirements; Section 215.97, Florida Statutes; and Chapter 10.550 (local governmental entities) or 10,650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. 5. Recipients, when submitting financial reporting packages to the Department of State for audits done in accordance with 2 CFR 2 Subpart F or Chapter 10.550 (local governmental entities) or E 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General should indicate the L date that the reporting package was delivered to the recipient in correspondence accompanying Q the reporting package. PART TV: RECORD RETENTION ,L^ V I . The recipient shall retain sufficient records demonstrating its compliance with the terms of this r C6 agreement for a period of five fiscal years from the date the audit report is issued and shall allow the Department of State or its designee, Chief Financial Officer or Auditor General access to E such records upon request. The recipient shall ensure that audit working papers are made available to the Department of State, or its designee, Chief Financial Officer, or Auditor General Q upon request for a period of three years from the date the audit report is issued, unless extended in writing by the Department of State. Public Library Construction Guidelines and Application Chapter 18-2.01 l (2)(b), Florida Administrative Code, Effective 4-20 l 5 Page 19 of 21 Packet Pg. 114 8.D.1.c EXHIBIT I FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Not Applicable. COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not Applicable. MATCHING RESOURCES FOR FEDERAL PROGRAMS: Not Applicable. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES: Florida Department of State Library Construction Grants, CSFA Number 45.020 Award Amount: $500,000 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: E a� a� As contained in the Compliance Supplement to CSFA Number 45.020. Q r c �a L Public Library Construction Guidelines and Application Chapter l B-2.011(2)(b), Florida Administrative Code, Effective 4-2015 V :.i r Q Page 20 of 21 Packet Pg. 115 8.D.1.c � w d M C4 o c ., Z�QF U� .. � � o .a U A o z�°wH zQQaA ¢'o o0 f-H U x o + C. a W U U a .p c MEEK .a F 0 910 cf, ti. un Ci dA w c U>j u. "W OG o �00o F� 0 � 40 7 y j QI yLn� z o Q�j > + 0 3 HY0. �f Q m o a w ;D tJ G > V O4 C U] a a0'CzO ¢ w F z a a a,u U ti Packet Pg. 116 8.D.2 ITEM NO. RES-2015-142 TO: PRESENTED BY: SUBMITTED BY: BACKGROUND: AGENDA REQUEST Board of County Commissioners Stefanie Myers, Human Services Manager Human Services Division DATE: 08/18/2015 *CONSENT AGENDA\COMMUNITY SERVICES Resolution - SAFER St. Lucie Community Education and Outreach Agreement St. Lucie Inspired Network to Achieve Community Together, Inc. (INTACT) is a 501(c)3 formed after the 2004 hurricanes to coordinate services for residents with unmet disaster needs. INTACT is now doing business as SAFER St. Lucie (Support Alliance for Emergency Resiliency) and assists residents throughout the disaster cycle of preparedness, response, recovery and mitigation. SAFER St. Lucie completed an application to the United Way for $40,000.00 to hire staff to provide planning support, education and outreach to improve community disaster resiliency. The United Way awarded a $20,000.00 Grant to support the program. The SAFER Board has requested County assistance in providing direction and oversight for the position. Community Services has identified other grant funds to allow this to be a full-time position with benefits. PREVIOUS ACTION: N/A FINANCIAL IMPACT: These grant funds were not included in the approved FY15 budget; a budget needs to be established prior to expenditure. Funds will be deposited into the Community Services SAFER St. Lucie fund (001826-6420- 337640-600). Additional position funding will be provided through 001823-6420-512000-600. RECOMMENDATION: Staff recommends Board acceptance of the agreement with SAFER St. Lucie, approval of Budget Resolution and Position Request and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 117 Coordination/Signatures yder, Community Services Dir r Z8/6/2015 anie S. McIntyre, C my ttorney 8/10/2015 Updated: 8/12/2015 1:17 PM by Donna Calise Page 2 Packet Pg. 118 8.D.2.a COMMUNITY EDUCATION AND DISASTER SPECIALIST JOB CODE: XX PAY GRADE: 18 SALARY: $16.75-$26.89/hr. MAJOR FUNCTION: This is an advanced independent grant funded position responsible for all hazards disaster resiliency planning and outreach and education for St. Lucie County. This position reports to the Human Services Manager and strives to minimize the community's risk to all hazards, making it safer, stronger, sustainable and more resilient from any man-made or natural disasters. KNOWLEDGE, ABILITIES AND SKILLS NEEDED TO PERFORM THE ESSENTIAL JOB FUNCTIONS: Knowledge: 1. Strong knowledge of business English, public speaking, report and grant writing and record keeping. 2. Knowledge of and experience with basic principles and practices of public outreach and involvement, including marketing principles and practices. 3. Knowledge of emergency management standards and preparedness planning. 4. Knowledge of local, state and federal disaster programs. 5. Knowledge and experience of basic principles and practices of program/project planning and management. Abilities: 1. Provide and present information in an organized and understandable manner. 2. Establish and maintain effective working relationships with external agencies, community leaders, government representatives and customers. 3. Ability to present a positive image of the organization to members of the community. 4. Self -directed, highly organized and efficient with sharp attention to detail. 5. Highly motivated and creative with the ability to take initiative and work independently to assist supervisor in accomplishing program and service goals effectively and efficiently. 6. Engage, coach, evaluate, influence and motivate others to coordinate program activities with multiple stakeholders to ensure agreement and consensus. 7. Understand and implement grant and/or program requirements. 8. Work a flexible schedule that may include evenings and weekends. 9. Work with minimal supervision to accomplish program or service goals effectively and efficiently. 10. Work on multiple projects simultaneously. 11. Remain calm and professional in all situations. Skills: 1. Skill in setting priorities, which accurately reflect the relative importance of job responsibilities. 2. Intermediate to advanced proficiency in MS Windows and Office software (Outlook, Excel, Word, PowerPoint, Publisher) 3. Excellent interpersonal, written and verbal communication skills. Must be able to use appropriate content, grammar, punctuation and spelling. ESSENTIAL JOB FUNCTIONS: 1. Build relationships with faith based organizations, social service groups, businesses and other entities to increase communication and build opportunities for collaboration among all groups. 2. Facilitate communication among disaster community partners and support increased awareness of Community Services and SAFER St. Lucie through social and other media, as well as coordinating membership and meetings for SAFER St. Lucie. 3. Develop, coordinate and deliver emergency preparedness/mitigation of education presentations and outreach for residents, businesses, organizations, etc., including scheduling presenters, recruiting Packet Pg. 119 8.D.2.a volunteers, developing and preparing promotional and educational materials, and maintaining contacts with partner organizations. 4. Create, implement and maintain sustainability plans for local disaster resiliency, preparedness, mitigation, response and recovery coordination, including researching and assisting with grant writing. 5. Lead development of appropriate systems and procedures for disaster management, reporting and contingency planning, including donations and volunteer activities. 6. Ensure that local disaster partners are ready to support operations before, during and after an emergency incident. 7. Provide orientation, training and diverse opportunities for affiliated and spontaneous volunteers. 8. Work with the community to incorporate mitigation and resilience -building measures into recovery plans and implementation, as well as identify and prioritize recovery and resiliency projects. 9. Performs related work as requested or assigned. 10. Must be able to work a flexible schedule including evenings and weekends. ESSENTIAL PHYSICAL SKILLS: Good vision, hearing, speaking with or without correction. Use of both hands and fingers with dexterity. Occasional walking and standing is required with extended periods sitting for computer use. Requires dexterity in operating office machines and equipment and periodic need to carry items weighing up to 40 lbs. WORK HAZARDS: Possible vision or hand/arm dysfunction due to heavy computer work. SAFETY EQUIPMENT USED OR NEEDED: None EDUCATION: A Bachelor's Degree in emergency management, business/public administration, community development or a closely related field from an accredited college or university. A comparable amount combination of related education, training and experience that demonstrates the knowledge, skills and ability to effectively perform the functions of this position may be considered. The ability to speak and read Spanish or Creole is desirable. EXPERIENCE: A minimum of three years of progressively responsible related experience. LICENSE, CERTIFICATION OR REGISTRATION: Valid Florida driver's license with a clean driving record and the ability to drive. The Department may require applicant to have or obtain specific certification or training. Union Non -Union ✓ Exempt Non -Exempt ✓ Packet Pg. 120 8.D.2.b SAFER St. Lucie — Disaster Resiliency Coordination and Education United Way of St. Lucie County PROGRAM COVER PAGE Organization Name: dba SAFER St. Lucie (Support Alliance for Emergency Resiliency)' • Executive Director: Carmen Capezzuto, Chair carmenc(d),cityofpsl.com • ca z Address: 450 SW Thornhill Drive Telephone: (772) 871-5148 g " Port St. Lucie, FL 34984 Fax: SAFER ST. LUCIE COUNTY Program Director: Stefanie Myers myerss Cl,stlucieco.org SUPPORT ALLIANCE FOR EMERGENCY RESILIF Address: 437 N 7 Street Telephone: (772)462-1176 Fort Pierce, FL 34950 Fax: (772) 462-2094 Program Title: N/A Focus Area: Disaster Resiliency Coordination and Education Brief Description of the Program: This program will provide strategic community planning and education services through all stages of the disaster cycle to support the resiliency of the County in disaster situations, ensuring improved preparedness and a faster return to normalcy. Disaster Cvcic PROGRAM SUMMARY REPORT Amount Requested from Funder for 2015/2016: $ 40,000.00 Total proposed Program Budget for 2015/2016: $ 70,000.00 Percent of Total Program Budget: 57.1 % Any Current Program Funding from THIS Funder (2014/15): $ - Dollar increase/(decrease) in request: $ 40,000 Percent increase/(decrease) in request **: #DIV/0! Unduplicated Number of Children to be served in 2015/2016: 1,000 Unduplicated Number of Adults to be served in 2015/2016: 2,000 Total Program Projected Cost per Client: 23.33 **If request increased by 10% or more over previous year's allocation, briefly explain why:N/A If these funds are being used to match another source, name the source and the $ amount: N/A Fiscal Year: ❑ Jan/Dec ® July/June ❑ Oct/Sept EIN #: 29-2629999 The Organization's Board of Directors has approved this application on (date). October 14, 2014 Carmen Capezutto Name of President/Chair of the Board Signature Stefanie Myers Name of Executive Director/CPO Signature ' St. Lucie Inspired Network to Achieve Community Together, Inc. Packet Pg. 121 8.D.2.b SAFER St. Lucie — Disaster Resiliency Coordination and Education United Way of St. Lucie County PROPOSAL NARRATIVE A. ORGANIZATION CAPABILITY 1. Provide the mission statement and vision of your organization. Vision: To create a community that is resilient to disasters. Mission: To achieve a disaster resilient and safe community through education, training, planning and collaboration. SAFER serves the community throughout the course of the disaster cycle through: • Strategic planning and communication facilitation to coordinate the efforts of human service and faith - based organizations; businesses; state, federal, local government; and more to ensure that St. Lucie is resilient in times of disaster. • Community education about disaster preparedness, mitigation, response and recovery strategies and resources to improve resiliency. • Identification of funding to support resiliency efforts. 2. Provide a brief summary of your organization including areas of expertise, accomplishments, and population served. St. Lucie INTACT, doing business as SAFER St. Lucie, is a 501(c)(3) non-profit that was formed following the 2004 hurricanes that devastated the County. A collaborative of 40+ organizations partnered to address the long-term recovery needs of residents and to serve as a clearinghouse for information and services for those needing assistance to recover from the storms. Since its inception, SAFER has provided needs assessments, case management, advocacy, and resource identification services for more than 2,500 households; mitigated 467 homes through the installation of hurricane strapping, secondary water barriers, storm shutters and/or storm resistant garage doors; repaired approximately 80 homes damaged by disaster; coordinated hundreds of volunteers; and educated an uncounted number of residents on the importance of preparedness and mitigation in increasing the ability to bounce back after a disaster. It has also created a Multi -Agency Feeding Task Force Plan to coordinate response efforts in St. Lucie after disaster. Member organizations have also educated businesses, homeowner/neighborhood associations, churches and other groups, teachers, and more in their capacity with SAFER. In 2012, members from the Long -Term Recovery and the Volunteer Organizations Active in Disaster organizations approved the merger of their organizations to form SAFER St. Lucie. This merger allowed for the expansion of the mission to include the entire disaster cycle and eliminated the potential for duplication of effort. By assisting residents and groups throughout the disaster cycle to enhance resiliency, the organization streamlines planning and coordination to effectively use resources to help the greatest number of residents. The membership continues to include volunteer and service organizations, health and human service providers, local businesses, government, and faith based entities. SAFER serves all residents of the County. Those who have no resources to address recovery from a disaster are assisted as funds are available and in accordance with grant guidelines. 2 American Red Cross, Council on Aging, Habitat for Humanity, County and City Emergency Management, Community Services, Indian River State College, Mustard Seed Ministries, the United Way, Roundtable of St. Lucie, Treasure Coast Food Bank, Cros Ministries, County and City Community Services, FEMA, Salvation Army, New Horizons of the Treasure Coast, Department of Health, Community Emergency Response Team, Indiantown Non-profit, Indian River Presbyterian, 211, First United Methodist, Seventh Day Adventists, University of Florida Extension, Project Hope, Consumer Credit Management Services, Church World Services, Christian World Relief Committee, United Methodist Conference on Relief, Humane Society of St Lucie County, Fort Pierce Housing Authority, Goodwill Presbyterian, Florida Equal Justice, Volunteer Florida, National Animal Crisis Response, Veteran Services, Lutheran Disaster Services, Presbyterian Disaster Assistance, Department of Financial Services, State Emergency Response Team, Weed and Seed, Public Defender's office Lakewood Park United Methodist, St. Lucie County Sheriff, Treasure Coast Homeless Services Council, Project Response, Trinity Lutheran Church, United for Families, Zion Tabernacle Church, Area Agency on Aging, Daniel M Foundation, St. Andrews Church, Boys and Girls Club, Department of Juvenile Justice, Coalition for hidependent Living Options, Indiantown Non-profit, Children's Services Council of St. Lucie, and more. 2 Packet Pg. 122 8.D.2.b SAFER St. Lucie — Disaster Resiliency Coordination and Education United Way of St. Lucie County t3. YKUUKA1V111Vr VK1V1A11UN (Entire Nection t3 not to exceea ttiree 1. Describe the program with emphasis on primary program activities. The requested funding will be used to hire a staff person and obtain the tools necessary to implement board directives: Engage and educate community members to strengthen themselves and others through preparedness and mitigation. Connect and build support networks and coordinated strategic plans within the community for disaster preparedness, mitigation, response and recovery. resources and organization capabilities to 2. Substantiate the need and indicate how this program addresses the need. After several seasons without a large disaster, there is a complacency towards preparedness. Residents do not have a sense of urgency or priority to identify and/or implement resiliency strategies. This is true for large disasters such as hurricanes and wild fires, but also for smaller events such as flooding or house fires. There is resistance to disaster planning because it consumes resources (e.g., time, money) that could be allocated to what is seen as more immediate needs and it forces people to look at potential vulnerabilities. The topic needs to be in the public eye on a regular basis and include a broad focus on a variety of potential situations, not just hurricanes. Experience has illustrated that those impacted by disaster cannot rely solely on government to help with recovery. By taking the lead with local level resiliency education, coordination and planning, SAFER can emphasize what communities can do for themselves and can strengthen the capacity of residents, organizations and businesses to be resilient by identifying interdependencies, needs, and resources in advance. Prepared individuals are aware of potential risks, understand where they can turn for help, know what their personal responsibilities are, and are willing to help their neighbors and community members. Planning ahead helps residents have a greater sense of control and fewer feelings of helplessness that can impede a return to normalcy. It also allows resources to be mobilized and leveraged more quickly, efficiently and effectively to address needs. Community resiliency means that St. Lucie can anticipate threats, limit their effects and rapidly restore functionality after a crisis. Maintaining awareness of the need for resiliency and prioritizing preparedness with a focus on readiness, continuity planning, risk reduction and shortened recovery time is a constant challenge. Research has shown that the most resilient communities are those that provide the support, knowledge, insight, and encouragement needed to help individuals and communities be able to withstand hazards, continue to operate under stress, adapt to adversity and recover functionality after a crisis. A dedicated staff person will provide extensive community education to all residents on how and why to be better prepared for disasters. This program will also facilitate the development of strategic plans and communication to coordinate the efforts of human service and faith -based organizations; businesses; state, federal, local government; and more to ensure that St. Lucie is resilient in times of disaster. Staff will also work with community partners to implement plans and facilitate coordinated response services when needed for both large and small disaster situations. 3. Provide information which supports that the proposed strategies are Evidence -Based Best Practices and are effective with the target population. Experience has taught that that there are never enough government resources to provide for the preparedness, mitigation, response and recovery needs in a community. Lessons learned from disaster impacted communities (e.g., those affected by Hurricane Katrina and Super Storm Sandy) have shown that communities with integrated and coordinated preparedness are more able to adapt to changing conditions 3 Packet Pg. 123 8.D.2.b SAFER St. Lucie — Disaster Resiliency Coordination and Education United Way of St. Lucie County and recover rapidly from disasters. Organizations, businesses, families and individuals have differing capabilities and to effectively build a resilient community they must work together. The key strategies and best practices for developing resiliency are well documented (www.disasterrecoveryplantemplate.org/disaster-resilience/strategies, www.edis.ifas.ufl.edu/wc172, www.rand.org/content/dam/rand/pubs/tools/TL100/TL109/RAND_TL109 training/training.htm. To have the largest impact, the full community needs to be engaged in an ongoing process of learning and practice. To ensure success of that process, a leader needs to be identified to • Facilitate connections and conversations. • Keep stakeholders engaged and increasing community awareness. • Maintain the perspective of disaster as manageable, yet ongoing. • Establish a structure and develop a planned approach for communication and coordination of resources to ensure forward momentum toward clearly established goals. Achieving resilient performance at a community level takes dedicated effort, time and planning. SAFER St. Lucie has a membership that is committed to the mission and vision, but due to life and work time limitations, the ability to prioritize SAFER tasks has been limited. To continue making strides toward a more resilient community, the SAFER board it seeking to hire dedicated staff to direct the participants and resources required for improving disaster resiliency. 4. Define the target population and explain: a) how it is made aware of the program, and b) how it accesses program services? (i.e., location, transportation, hours of operation, etc.) This program will be accessible to the entire community and will strive to identify resources to assist the most vulnerable with being more resilient. The coordinator hired will take the lead in: • Coordination of SAFER workshops and meetings. • Community outreach and education utilizing SAFER member networks, print media, radio programs, public service announcements, public information fairs, as well as presentations to businesses, organizations, faith based entities, youth, etc. The coordinator will use social media and technologies to enhance community connectedness, to empower individuals to take action, and to increase awareness of training opportunities and resources for improving resiliency. • Coordination, dissemination of information, and planning support to the community throughout the disaster cycle. • Targeted outreach efforts will focus on those at higher risk of being devastated by a disaster, such as the economically disadvantaged, seniors, those in older un-mitigated housing stock, etc. Inquiries will be directed to a main number and email and services will be provided at a variety of locations throughout the community to ensure easy access and full participation. 5. Identify similar programs that are currently serving the needs of the targeted population. How is your program working with them collaboratively? There is no agency that currently offers the services proposed by SAFER. While there are organizations that have a role in disaster response, such as the Red Cross3, St. Lucie County Community Services4, Salvation Army, Department of Healthy, Council on Aging6, there is no one entity that takes on the 3 Emergency Support Function 6 Mass Care - provide coordination of sheltering, feeding, and emergency first aid following a disaster or other event & 11 — Food and Water 4 Housing & ESF 15 — Volunteers and Donations - coordination of information and activities of voluntary agencies responding in times of disaster and the effective utilization of donated cash, goods and services. 5 ESF 8 — Health and Medical 6 ESF 1 - Transportation M Packet Pg. 124 8.D.2.b SAFER St. Lucie — Disaster Resiliency Coordination and Education United Way of St. Lucie County comprehensive role of coordination and education. All of these organizations are members of SAFER and contribute to the planning and implementation of SAFER efforts. 6. What is the maximum number of clients the program can serve? Is the program under/over and how is this addressed? • The quantities of materials disseminated and those participating in events are measurable and is the clients to be served is conservatively estimated to be 3,000. The actual umber of clients to be served is much greater, but difficult to estimate based on the number of households reached through radio, print media, social media, and the website. Word of mouth is often the best way to spread the word and resources. The ripple effect created by reaching one person can lead to an un-countable number of others who are better informed and prepared. • With improved coordination in the community and a growing membership, there is no limit to the number of people who can be served by SAFER. • There are many businesses and organizations that are not familiar with the work that performed by SAFER. The coordinator will take the lead in identifying and educating key partners. Once involved in the process, these entities will be a part of the resources utilized to address the needs of the community. • Each year SAFER receives calls from organizations seeking preparedness education. Member organizations are asked to take on this role as their time permits or completed by the coordinator. Having a dedicated staff person for SAFER will allow these requests to be more easily coordinated, completed and tracked. • With volunteer recruitment and training, SAFER will be able to assist more residents with hurricane preparedness — hanging hurricane shutters, assisting with creation of Disaster Prep Kits and Plan development. • With volunteer recruitment and training, SAFER will be able to quickly access volunteers to assist resident needs post disaster with debris removal, applications for local and government assistance, and more. • Developing written donation and volunteer implementation plan will also allow SAFER to serve more residents through more effective/efficient use of resources. 7. How will the agency operate if it doesn't receive the full amount requested from this funder? SAFER has identified and is applying for additional grants for funding in support of its objective, including the Residential Construction Mitigation Program (RCMP), State Farm, TD Bank, Wells Fargo, and has in - kind services committed by members to support the new coordinator with meeting/office space, technology/communication access, etc. Additional resources will assist with printing of materials, postage, and other ancillary support costs Revenue is generated from fundraising efforts (www.goodsearch.com, smile.amazon.com) and increased promotion of these efforts by dedicated staff will increase the amounts received from these sources. If the amount is not received, then the objectives to be accomplished will be downsized 5 Cn w w Q Cn c 0 0 N N 0 N co w 9 Packet Pg. 125 8.D.2.b SAFER St. Lucie - Disaster Resiliency Coordination and Education United Way of St. Lucie County This data is estimated based on the outreach provided. Members who provide direct services track individual contacts. The coordinator will work with members to ensure accurate tracking of outreach and education efforts as an organization. FYI projections are very conservative - difficult to estimate outreach potential for radio, social media, website and other community education. Figures include Hurricane Expo (>2,000 attendees), outreach events, library/afterschool programs provision of educational materials, group presentations, story -time events, etc. C. PROGRAM SPECIFIC - Unduplicated Client Demographics Last FY 2013/14 %of Total Current FY 2014/15 %of Total Projected FY 2015/16 % of Total Black / African American 0.0% 0.0% 0.0% White 0.0% 0.0% 0.0% Hipanic /Latino 0.0% 0.0% 0.0% Asian 0.0% 0.0% 0.0% s American Indian 0.0% 0.0% 0.0% LU Other 0.0% 0.0% 0.0% Unknown 2000 100.0% 2500 100.0% 3000 100.0% Program Total 2000 100.0% 2500 100.0% 3000 100.0% Preschool 0-4 Unk #VALUE! 0.0% 400 14.8% Elementary 5-10 Unk #VALUE! 0.0% 500 18.5% Middle School 11-14 Unk #VALUE! 0.0% 100 3.7% High School 15-18 Unk #VALUE! 0.0% 0.0% a, tw Total # of Children 0 #DIV/01 0 0.0% 1000 37.0% a Young Adult 19-25 Unk #VALUE! 800 32.0% H #VALUE! Adult 26-54 Unk #VALUE! 1000 40.0% 1000 37.0% Senior 55 + Unk #VALUE! 700 28.0% 700 25.9% Total # of Adults 0 #DIV/0! 2500 100.0% 1700 63.0% Program Total 0 #VALUE! 2500 100.0% 2700 #VALUE! 100% of poverty of below 0.0% 0.0% 0.0% 101% to 150% of poverty 0.0% 0.0% 0.0% 151% to 200% of poverty 0.0% 0.0% 0.0% 0 201% of poverty and above 0.0% 0.0% 0.0% c - Unknown 2000 100.0% 2500 100.0% 3000 100.0% Program Total 2000 100.0% 2500 100.0% 3000 100.0% Fel I s mere #DIV/0! #DIV/0 ! #DIV/0! Sebastian #DIV/0! #DIV/0! #DIV/0! Gifford/Wabasso #DIV/0! #DIV/0! #DIV/0! ° Central Vero #DIV/0! #DIV/0! #DIV/0! So.County- Highlands/Oslo #DIV/01 #DIV/0! #DIV/0! 0 Unknown #DIV/0! #DIV/0! #DIV/0! J Program Total -Indian River Co. 0 #DIV/0! 0 #DIV/0! 0 #DIV/0! s 0. L 0 v t7 Program Total - Martin Co. I 1 100.0% 1 1 100.0% 1 1 100.0% Ft. Pierce 600 30.0% 500 20.0% 1000 33.3% Port St. Lucie 1400 70.0% 1500 60.0% 1500 50.0% Unknown 0.0% 500 20.0% 500 16.7% Program Total - St. Lucie Co. 2000 100.0% 2500 100.0% 3000 100.0% Program Total -Treasure Coast 1 2000 1 1 2500 1 1 3000 0 Packet Pg. 126 SAFER St. Lucie — Disaster Resiliency Coordination and Education United Way of St. Lucie County 8.D.2.b D. FUNDER SPECIFIC REQUIREMENTS — 1. Board of Directors Carmen Capezzuto, Chairman (City of Port St. Lucie) 121 SW Port St. Lucie Blvd Port St Lucie, FL 34984 (772) 871-5148 Laura Alexander, Vice Chair (Alexander and Associates, Inc.) 6711 Dickinson Terrace Port St. Lucie, FL 34952 772-361-4059 Timothy May, Secretary (First United Methodist Church) 616 Orange Ave Fort Pierce, FL 34950 772)464-0440 Stefanie Myers, Treasurer (Community Services) 437 N 7 Street Fort Pierce, FL 34950 772-462-1777 2. Audit/990 Paula Trautman, Board Member (AARP Foundation SCSEP) 6709 Woods Island Cir Port St Lucie, FL 34952 (772) 336-3330 Tom Daly, Board Member (St Lucie County Emergency Management) 901 SE Breakwater Ave Port St Lucie, FL 34983 772-462-8100 Karen Knapp, Board Member (United Way of ST. Lucie) 145 SE Lakehurst Dr Port Saint Lucie, FL 34983 (772) 464-5300 Bud Somers, Board Member (Community Emergency Response Team) 637 SW Long Key Court Port Saint Lucie FL 34986 • SAFER St. Lucie's most recent audit was completed in 2009. The Board of Directors approved not filing an audit in recent years due to the limited financial activity and no pending requirement for grant funding applications. • Full 990 for 2009 is attached • United Way of St. Lucie is SAFER's fiscal agent and additional records can be obtained, if needed. 3. Organizational Chart SAFER St. Lucie currently has no employees. With receipt of funding, a coordinator will be hired that will report to the board of directors. Group members and recruited volunteers will assist with the implementation — See attachment 7 Packet Pg. 127 8.D.2.b SAFER St. Lucie — Disaster Resiliency Coordination and Education United Way of St. Lucie County PROGRAM OUTCOMES Period reflects: July 1, 2015 to June 30, 2016 Outcome # 1: Increase community awareness of SAFER and the importance of Drenaredness and mitigation in remaining resilient during times of disaster. 1 1 2 1 3 1 4 Baseline # to be served Indicator Measurements Expected Outcomes/change (evidence) 1. Collaborate with * Health and * Number of Capacity * Ensure ready access to community partners to human service Assessments completed and community resource identify area resources to providers service providers identified. information, regardless of the address unmet resident * 211 customers * Increased participation in type of disaster. needs throughout the * Eligible SAFER collaboration and * Avoid duplication of services disaster cycle and establish residents planning. so the maximum number of communication strategies people can be assisted. to reduce duplication and * Abide by Federal Duplication ensure coordination of of Benefits' restrictions for services throughout the declared disasters. disaster cycle. 2. Volunteer Database - Use * CERT team * Number of volunteer job * Create/update job profiles on existing community tools members descriptions posted the Volunteer St. Lucie website (United Way — Volunteer * Entire County * Number of volunteers registered database. St. Lucie) to maintain * Volunteer with Volunteer St. Lucie and with * Register with volunteer database of those Organizations St. Lucie County. www.volunteermatch.orjz to who are willing to assist * Faith Based * Number of volunteers referred recruit new volunteers. others in the community by volunteer match. * Have at least 5 CERT team with disaster related tasks members register with the throughout the disaster County volunteer program.8 cycle. 3. Community Education *All residents * Number of contacts with * Increase level of hurricane * Printing and distribution of residents, business owners, preparedness and awareness of 800-1000 hurricane manuals homeowner associations, etc. resources for local residents. and Ready. gov information. * Number of presentations and * Provide communication tool to * Print and distribute door 500 participation in Community local residents to indicate their hangers that indicate whether information fairs. well-being after a disaster and the resident needs assistance * Number of reported listeners for increase response likelihood for post disaster. radio programs safety issues. * Distribution of materials * Count of number of materials * Presentations to at least 20 about prevention of wildfires distributed, collect sign in sheets, groups (i.e., homeowner * Radio Listeners track number of people attending. associations, employers, * Kids Get A Plan books and * Number of children that organizations, service providers, website. participate. churches, etc.). * Work with local businesses to * Participate in at least 3 radio create and/or update business * Number of plans broadcasts and 2 television continuity plans. created/updated. programs. ' Stafford Act prohibition on duplication of benefits in section 312 (42 U.S.C. 5155) — no "person, business concern or other entity" will receive duplicative assistance for the same purpose — Agencies cannot from providing recovery assistance to the extent another source has covered the same portion of that recovery need. B Existing CERT participants are covered by IRSC volunteer insurance only when they are deployed after a disaster. By registering with the County, they can be deployed prior to disaster to assist with preparedness. Packet Pg. 128 8.D.2.b SAFER St. Lucie — Disaster Resiliency Coordination and Education United Way of St. Lucie County * Participation in at least 4 community informational fairs, including the Hurricane Expo (2,500 attendees). * Coordinate storybook reading with after school programs, local libraries, local reading programs, etc. to directly reach at least 100 children. Use of the books once provided will be difficult to track, but assumption is that at least 1,000 children will be reached. 4. Current Social Media * Those using * Number of followers on social * Increase number of social followers. social media. media. media followers by 25% to increase awareness of community events and resources. 5. Active member * Businesses and * Number of active member * Increase the number of organizations — 10 their employees organizations. member organizations * Service participating in monthly Organizations meetings to 15. * Faith Based Organizations 6. Increase the number of * Contact with * Number of people on the list * List serve membership will members enrolled on the at least 25 new serve email list. increase by 25% (140). list serve for email businesses and communications — 112. organizations 7. Increase the number of * Seniors and * Number registered Increase the number of residents residents pre -registered at those with registered at the special needs the special needs shelter. Special Needs shelter by 10%. 8. Currently there is no clear * Local * Develop plan to coordinate the * Improve ability of the plan or database for volunteers and tracking of volunteer community to identify potential collecting disaster volunteer contributions and donations. value of in -kind or cash match volunteer time donations or organizations for FEMA grant funds. material donations for all * Provide recognition to those local entities. assisting the community throughout the disaster cycle. 9. Develop a sustainability * Plan in place * Improve the ability of SAFER plan to address the ongoing to continue its role in the need for operational funds community and maintain its for SAFER 5016 status. .r c d E d m a� Q L 0 4+ M w d J r co W w ur Q c 0 r 0 N m N 0 N Cn w OC w a_ Q W L 0 m L Z c 0 a a L 0 U co 0 N 0 N N C r C d E z t� to r a Packet Pg. 129 8.D.2.b SAFER St. Lucie — Disaster Resiliency Coordination and Education United Way of St. Lucie County Outcome # 2: Increase capacity of SAFER to respond to both catastrophic and smaller events. 1 2 3 4 Baseline # to be served Indicator Measurements Expected Outcomes/change (evidence 1. Addition of a Staff person 10-1,000 *Number of individual and * Provide central contact to families assisted for presidentially activate SAFER response plans. declared disasters. * Ensure ready access to *Number of households assisted community resource with smaller disasters such as information, regardless of the house fires, flooding, etc. type of disaster. * Ensure successful communication for plan implementation 2. Collaborate with * Health and * Number of Capacity * Ensure ready access to community partners to human service Assessments completed and community resource identify area resources to providers service providers identified. information, regardless of the address unmet resident * 211 customers * Increased participation in type of disaster. needs throughout the * Eligible SAFER collaboration and * Avoid duplication of services disaster cycle and establish residents planning, list serve, social media. so the maximum number of communication strategies people can be assisted. to reduce duplication and * Abide by Federal Duplication ensure coordination of of Benefits9 restrictions for services throughout the declared disasters. disaster cycle. 10. Volunteer Database - Use * Entire County * Number of volunteer job * Create/update job profiles on existing community tools * Volunteer descriptions posted the Volunteer St. Lucie website (United Way — Volunteer Organizations * Number of volunteers registered database. St. Lucie) to maintain * Faith Based with Volunteer St. Lucie and with * Register with volunteer database of those St. Lucie County. www.volunteermatch.org to who are willing to assist * Number of volunteers referred recruit new volunteers. others in the community by volunteer match. with disaster related tasks throughout the disaster cycle. 9 Stafford Act prohibition on duplication of benefits in section 312 (42 U.S.C. 5155) — no "person, business concern or other entity" will receive duplicative assistance for the same purpose — Agencies cannot from providing recovery assistance to the extent another source has covered the same portion of that recovery need. 10 Packet Pg. 130 SAFER St. Lucie — Disaster Resiliency Coordination and Education United Way of St. Lucie County 8.D.2.b PROGRAM OUTCOMES LAST YEAR'S MEASURABLE RESULTS Period outcomes/results reflect: July 1, 2013 to June 30, 2014. Please note that data was not collected in one place on the number of residents reached, events participated in, or workshops completed. With the addition of staff, this will be a Drioritv to ensure that goals are being met. Program Design & Task Management Evaluation Design & Data Collection RESULTS (Columns 1-3) (Columns 4 - 6) 1 101 3 4 01 6 7 Program Frequency Responsible Indicator Data Time of RESULTS Activities (how Parties Measurements Source Measurement (what) often) (who) (evidence) (where) (when) Re -define Chair Completed Minutes Completed mission and activity vision Board and Document Strategic Completed Develop Capstone created Plan strategic students plan Establish Board Created Strategic Completed Committees Plan in accordance with bylaws and strategic Plan Create Board and Created and Plan Completed multi- members approved by agency member feeding task organizations force plan Solidify Board and No vacancies on Minutes Completed Board of members the Board Director membership 11 Packet Pg. 131 SAFER St. Lucie — Disaster Resiliency Coordination and Education United Way of St. Lucie County 8.D.2.b Goal # 2: Increase Member Participation Program Design & Task Management Evaluation Design & Data Collection RESULTS (Columns 1-3) (Columns 4 - 6) 1 11 2 3 4 0 6 0 Program Frequency Responsible Indicator Data Time of RESULTS Activities (how Parties Measurements Source Measurement (what) often) (who) (evidence) (where) (when) Ensure Monthly Board of Attendance Minutes Completed meaningful Directors information disseminated at monthly meetings to encourage participation. — presentations, distribution of educational opportunities, opportunities for announcements, etc. Implement Ongoing Board of Number on the List Completed Listserve as Directors list serve communication host. tool for members to use throughout the year. Establish larger Annually Board of Number of City of Completed delineated area Directors participants Port St. for SAFER Lucie members at the records Annual Hurricane Expo to highlight services Redesign Ongoing Board of Number of Online Completed website to be Directors website hits and more user ongoing. friendly and a better resource for members. 12 Packet Pg. 132 4 8.D.2.c I *tatr...�.$f-�-o�iaa 4:3ppartmput of 3' tatp I certify from the records of this office that SAFER ST. LUCIE is a Fictitious Name registered with the Department of State on December 10, 2012. The Registration Number of this Fictitious Name is G 12000118463. 1 further certify that said Fictitious Name Registration is active. I further certify that this office began filing Fictitious Name Registrations on January 1, 1991, pursuant to Section 865.09, Florida Statutes. CR2EO22 (1-11) Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Eleventh day of December, 2012 1*rrrrtarV of State Packet Pg. 133 1 8.D.2.c FLORIDA DEPARTMENT OF STATE Division of Corporations December 11, 2012 SAFER ST. LUCIE 437 N. 7TH STREET C/O COMMUNITY SERVICES FORT PIERCE, FL 34950 Subject: SAFER ST. LUCIE REGISTRATION NUMBER: G12000118463 RECEIVED BY DEC 17 2012 Si. Lucie County Housing & Community Services This will acknowledge the filing of the above fictitious name registration which was registered on December 10, 2012. This registration gives no rights to ownership of the name. Each fictitious name registration must be renewed every five years between January 1 and December 31 of the expiration year to maintain registration. Three months prior to the expiration date a statement of renewal will be mailed. If the mailing address of this business changes, please notify this office in writing, or through the link provided on our website www.sunbiz.org for Address & FEI/EIN Changes. Please reference the original registration number. Enclosed is your certificate(s) as requested. Should you have any questions regarding this matter you may contact our office at (850) 245-6058. Deidre Butler Reinstatement Section Division of Corporations Letter No. 612A00029302 www.sunbiz.org Division of Corporations - P.O. BOX 6327 -Tallahassee, Florida 32314 Packet Pg. 134 RESOLUTION 8.D.2.d WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from United Way through SAFER, in the amount of $20,000, for the SAFER St. Lucie Disaster Education and Outreach Program. 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 18th day of August, 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 001826-6420-337640-600 United Way $20,000 APPROPRIATIONS 001826-6420-512000-600 Salaries $20,000 After motion and second the vote on this resolution was as follows: 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 18TH DAY OF AUGUST 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Packet Pg. 135 RECEIVED 8.D.2.e JUL 2 3 2015 :OMMUNITY SERVICES UNITED WAY OF ST. LUCIE COUNTY, INC 2015/2016 Funded Partner Agreement LIVE UNITED United Way works in cooperation with its Funded Partners to create a positive impact on the health and human service needs in St. Lucie County. This agreement expresses that cooperation between United Way and the agencies it funds; it also expresses the importance of accountability to donors and to the community. Partner Agency shall: 1. Provide one or more speakers to be available during campaign to speak to employee groups; when requested by UW; 2. Conduct a United Way Employee Campaign: Agency's employees will get an opportunity to learn more about United Way and their community, as well as giving them an opportunity to contribute to United Nay. All campaign funds should be raised from employees on a strictly voluntary basis, 3. Include the United Way logo on collateral material (brochures, stationary, press releases, newspaper advertisements, videos, websites, etc.) "A United Way of St. Lucie County Funded Partner" must be clearly printed on material. If agency is funded by more than one United Way, the statement may omit "St. Lucie County." Acceptable logos will be provided to partner agency. Information on use and size and color of logo will also be provided and must be adhered to by the agency; 4. Prominently display a United Way Funded Partner sign. United Way of St. Lucie County will provide; 5. Executive Director (ED), or ED's designee, must regularly attend Agency Relations meetings held on the third Thursday of February, May, August and November; 6. Take an active role in all United Way events; 7. Comply with the United Way's Agency Fund Raising Policy; (Copy attached) 8. Supply accurate Quarterly Reports on the 251h of the month following the end of each quarter -- Copies of the agency budget (including any revisions), profit and loss and balance sheets for the reporting quarter must be included with each Quarterly Report submitted; NOTE: Payments will be withheld if Quarterly Reports and/or financial information are not received by due dates, or if the financial information generates concerns about the Agency's ability to continue operation of its funded program(s). Timing of payments made by United Way after late receipt of complete Quarterly Reports and/or financial information will be made at the discretion of United Way CEO. Repeated late submission of quarterly reports may result in the loss of funding. 9. Register agency's current information with 2-1-1; 10. Register with UW's Volunteer St. Lucie before requesting volunteers; HL i5 , RM Packet Pg. 136 8.D.2.e 11. Complete any deficiencies listed as 'contingencies' to funding. Funding will not begin until contingencies are met. Maximum time to complete contingencies is 90 days, at which time agency's allocation will lapse unless other arrangements have been made in writing to, and approved by, United Way CEO; and 12. Submit to UW, completed Counterterrorism Compliance form. (Copy attached) United Way in return agrees to: 1. Publicly recognize partner agency 2. Act as a referral source to partner agency 3. Provide funds as approved by the UW Board of Directors* 4. Provide budget consultation to partner agency requesting such help 5. Assist agency in attaining board members; when request is made for such help 6. Coordinate networking of agencies 7. Provide training/instruction to agency personnel involved in campaign presentations 8. Notify United Way Board of agency events `NOTE: All funding approved by UW Board is subject to the collection of pledged dollars Our agency's Executive Director and Board understand, and will comply with the United Way of St. Lucie County Funded Partner Agreement. We understand that noncompliance with this agreement or noncompliance with the UW Agency Fund Raising policy may result in loss of funding. Agency Name: SA1• ER 5T 2.,..i.LC-i Date: tel 1 Executive Director: Board Chairman/Pr Print Name of Board Chairman/President: Cl-) CMf'.2i 14 C,a %'F- 2 / , i ,�' United Way CEO: Kn Please sign and return one copy to: United Way of St. Lucie County, Inc 4800 S. US Hwy. 1, Fort Pierce, FL 34982 Fax: (772) 464-7805 Phone: (772) 464-5300 www.unitedwaysic.org Revised 5/2/2000, 12/00,11/01,06-02,06-03,06-04,06-05,05-06, 06.08, 06.10, 06-11, Approved by Board 6/5/12 (See addendum A) Packet Pg. 137 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS POSITION REQUEST FOR FISCAL YEAR 2014-2015 ARTMENT: Community Services RECOMMENDED: x YES NO I I REVISED Human Services (APPROVED I IYESI INOI IREVISED I 8.D.2.f I [TION TITLE: Community Education & Disaster Specialist 1 FTE: ARY: $36,582 JOB CODE: EFITS: $18,930 PAY GRADE: 18 AL BUDGET: $55,512 PAY SCALE: $16.75-$26.89/hr. TI This Community Education & Disaster Specialist grant funded position will work with community partners to achieve a disaster resilient and safe community through education, training, planning and collaboration. A portion of the funding is provided through a contract with SAFER St. Lucie and the remainder from previous carryforwarded grant funds. The position is needed to meet the outcomes indicated in the SAFER St. Lucie Grant agreement and to assist with updating plans for Emergency Support Function 15 (Volunteers and Donations), as well as continuity of operation planning for human service organizations in St. Lucie County. After several seasons without a large disaster, there is a complacency towards preparedness. Residents do not have a sense of urgency or priority to identify and/or implement resiliency strategies. There is resistance to disaster planning because it consumes resources (e.g., time, money) that could be allocated to what is seen as more immediate needs and it forces people to look at potential vulnerabilities. Preparedness, mitigation and resiliency needs to be in the public eye on a regular basis. By taking the lead with local level resiliency education, coordination and planning, SAFER and the County can emphasize what communities can do for themselves and can strengthen the capacity of residents, organizations and businesses to be resilient by identifying interdependencies, needs, and resources in advance. Prepared individuals are aware of potential risks, understand where they can turn for help, know what their personal responsibilities are, and are willing to help their neighbors and community members. Planning ahead helps residents have a greater sense of control and fewer feelings of helplessness that can impede a return to normalcy; allows resources to be mobilized and leveraged more quickly, efficiently and effectively to address needs. The most resilient communities are those that provide the support, knowledge, insight, and encouragement needed to help individuals and communities be able to withstand hazards, continue to operate under stress, adapt to adversity and recover functionality after a crisis. This requires maintaining awareness of the need for resiliency and prioritizing preparedness with a focus on readiness, continuity planning, risk reduction and shortened recovery time. A dedicated staff person will * provide extensive community education to all residents on how and why to be better prepared for disasters; * facilitate the development of strategic plans and communication to coordinate the efforts of human service and faith -based organizations; businesses; state, federal, local government; * ensure that St. Lucie is resilient in times of disaster. * Develop and implement plan * Facilitate coordinated response services. ON REQ#: CSNP15-038 (ACCOUNT# 001823-6420-512000-600, 001826-6420-512000-600 packet Pa_ 138 8.D.2.g GRANT AGREEMENT THIS AGREEMENT, made this day of , 2015, between INSPIRED NETWORK TO ACHIEVE COMMUNITY TOGETHER ("INTACT"), d/b/a/ the SUPPORT ALLIANCE FOR EMERGENCY RESILIENCY ST. LUCIE. (S.A.F.E.R. St. Lucie), hereinafter referred to as "Agency.", and ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County." IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The Agency shall disperse to the Recipient a grant in the total amount of twenty thousand and 00/100 dollars ($20,000.00). Payment to the Recipient shall be made in four equal installments of five thousand and 00/100 dollars ($5,000.00) on or before October 1, 2015, January 1, 2016, April 1, 2016, and July 1, 2016. 2. The grant shall be used by the County to perform the Scope of Services attached hereto and incorporated herein as Exhibit "A." The County shall provide the Agency with a written report indicating how the grant funds have been expended and the activities of the Agency pursuant to this Agreement. The report shall be delivered to the Agency on or before November 1, 2016. 3. The Recipient shall have internal controls adequate to safeguard the grant. 4. If the grant cannot be used or a subsequent audit reveals the grant was not used according to this Agreement, any money not so used shall be reimbursed to the Agency. 5. The term of this Agreement shall begin upon the date set forth above and shall continue for a period of one year. The parties may extend the term of the Agreement for an additional year, subject to prior written agreement. In the event the County desires to extend to the term of the Agreement, the County shall provide the Agency with a written proposal for costs and terms of such extension on or before August 15, 2016. 6. The County gives the Agency the right, until the expiration of three (3) years after expenditure of funds under this Agreement, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Recipient involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or until the expiration of three (3) years after the expenditure of the funds. 7. The County shall allow access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and any applicable federal law, and made or received by the County in conjunction with this Agreement. 8. The County agrees to comply with all local, state and federal laws, rules and regulations 9. All publications, media productions and exhibit graphics shall include the following statement: Sponsored in part by St. Lucie County. s: \atty\ngreemnt\i mage.christ.2010.doc Packet Pg. 139 8.D.2.g 10. Either party may terminate this Agreement with or without cause upon thirty (30) days written notice to the other provided however the County shall reimburse the Agency for all unexpended funds or funds expended in conflict with this Agreement, as of the date of termination notice. 11. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: To the County: With copies to: St. Lucie County Administrator St. Lucie County Attorney 2300 Virginia Avenue, Third Floor 2300 Virginia Avenue, Third Floor Fort Pierce, Florida 34982 Fort Pierce, Florida 34982 St. Lucie County Community Services Director 437 N. 7t" Street Fort Pierce, FL 34950 To the Agency: SAFER St. Lucie Chairman C/O City of Port St. Lucie Public Works Department 450 SW Thornhill Drive Port St. Lucie, FL 34984 12. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. . 13. Except as otherwise provided, this Agreement shall be binding upon and shall insure to the benefit of the parties. 14. The County shall not assign this Agreement to any other persons or firm without first obtaining the Agency's written approval. 15. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supercede all previous communications, representations or agreements, either verbal or written, between the parties hereto. 16. 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. 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. 5: \atty\agreemnt\safer.doc 2 Packet Pg. 140 8.D.2.g 17. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: WITNESSES: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR DATE: APPROVED AS TO FORM AND CORRECTNESS: By: COUNTY ATTORNEY INSPIRED NETWORK TO ACHIEVE COMMUNITY TOGETHER, D/B/A SUPPORT ALLIANCE FOR EMERGENCY RESILIENCY ST. LUCIE BY: NAME: TITLE: 5: \atty\agreemnt\safer.doc 3 Packet Pg. 141 8.D.2.g EXHIBIT "A" SCOPE OF SERVICES The County, through its Community Services Department, agrees to perform the following services for and on behalf of the Agency in accordance with the Agency's 2015 United Way of St. Lucie County application, a copy of which is attached hereto and incorporated herein as Exhibit "B": Community education and outreach services, including but not limited to: A. Representing SAFER at community events, in print, radio, website and social media. B. Providing group and one-on-one education about the agency and disaster resiliency. C. Providing health and human service resources and information. D Facilitating communication among human services organizations, government and business. E. Preparation and distribution of materials, including media releases and public service announcement. F. Targeted outreach to vulnerable residents Disaster planning, including but not limited to the: A. Maintenance of the Multi -Agency Feeding Task Force Plan. B. Creation and maintenance of volunteer and donations management plan. C. Creation, implementation and maintenance of an agency sustainability plan. D. Preparation and distribution of agendas, minutes and reports. E. Assistance in recruiting community partners to participate with the Agency. F. Support of Agency committees to develop and implement strategies to achieve the mission and goals. Performing similar services to that listed above that lead to the successful completion of deliverables described in the United Way application. 4. Assign one or more employee to perform the Scope of Services, including at least one employee to serve as a "Long -Term Recovery Coordinator." The Long -Term Recovery Coordinator shall implement or shall cause the implementation of the above duties. 5: \atty\agreemnt\safer.doc 4 Packet Pg. 142 8.D.3 ITEM NO. (ID # 3030) TO: PRESENTED BY: SUBMITTED BY: I•41I 1"F BACKGROUND: AGENDA REQUEST Board of County Commissioners Diana Wesloski, Housing Manager Housing Services Division Invitation to Bid (ITB) No. 7 DATE: 08/18/2015 *CONSENT AGENDA\COMMUNITY SERVICES The Housing Division receives Federal and State grants that provide funding for low-income residents to assist with the rehabilitation or replacement of owner occupied homes. On June 23, 2015, ITB No. 7 was issued to the eight (8) contractors on the pre -qualified contractors list. A mandatory pre -bid meeting was completed on July 1, 2015. The bid was due on July 15, 2015. All projects incorporate green, energy -efficient products, including but not limited to 16 SEER or higher rated HVAC, double pane low E impact windows, and Energy Star -certified appliances and hot water heaters. The apprenticeship program parameters do not apply, as this project does not exceed $300,000.00; local preference is not permitted with federal funds. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Sufficient funding is available from the Community Development Block Grant (CDBG) Small Cities fund and the State Housing Initiatives Partnership (SHIP) fund (001563-5420-549605-500,185015-5420-549605- 500). RECOMMENDATION: Staff recommends Board approval to award ITB No. 7 to One Construction Services in the amount of $52,700.00 and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 143 Coordination/Signatures Wyder,munity Services Dir r 8/7/2015 Danie S. McIntyre, Cgifinty ttorney 8/10/2015 Updated: 8/11/2015 12:35 PM by Donna Calise Page 2 Packet Pg. 144 COUNTY F L❑ R[ D A —40 St. Lucie County Housing Rehabilitation Program ITB No. 7 Bid Opened July 15, 2015g 2:00 PM Contractor ITB #7 Connie West 2808 Essex Drive Gentile Corp, West Palm Beach $55,990.00 Mehaffey Construction, PSL $56,689.68 Black Street Enterprises, PSL $59,141.00 One Construction Services, PSL $52,700.00 Attachment: Bid Tab (3030 : CDBG Bid Award ITB No. 7) 8.1.1 ITEM NO. (ID # 3013) 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: 08/18/2015 *CONSENT AGENDA\OFFICE OF MANAGEMENT & BUDGET Request for Qualifications (RFQ) No. 15-033, Professional Engineering Services for Bridge Evaluation & Design Services - Continuing Contracts On May 20, 2015, responses to RFQ No. 15-033, Professional Engineering Services for Bridge Evaluation and Design Services - Continuing Contracts, were opened. Twelve proposals were received; 451 companies were notified and 37 RFQ documents were distributed. The purpose of this Request for Qualifications is to establish multiple continuing contracts with engineering firms to provide the one or more of the following services: Investigation of existing bridge structures and prepare plans, specifications and contract documents for competitive bidding of the construction repair or design work. During, and/or upon completion, the consultant may be required to inspect the site and make recommendations to the County as to the acceptability of the work. Review bridge inspection forms provided by FDOT and incorporate the data into the existing St. Lucie County Bridge Database. Review existing bridge rating and conditions and make recommendations on identified budgetary needs for critical bridge repairs and/or replacement projects. Coordinate permitting of bridge repair and/or replacement projects with the North St. Lucie River Water Control District, Fort Pierce Farms Water Control District, South Florida Water Management District, Florida Department of Transportation, Florida Department of Environmental Protection, U.S. Army Corps of Engineers, etc. Consultant may be retained to provide construction management of new major bridge replacement construction. Packet Pg. 146 8.1.1 On July 9, 2015, the selection committee evaluated and ranked the proposals that were received. The committee members' scores and ranking for each firm are provided in Attachment A. The short-listed firms in order of ranking are as follows: 1. Kimley-Horn & Associates, Inc. - Vero Beach, Florida 2. SAI Consulting Engineers - Kissimmee, Florida 3. Culpepper & Terpening, Inc. - Fort Pierce, Florida 4. Wantman Group, Inc. - Port St. Lucie, Florida PREVIOUS ACTION: N/A FINANCIAL IMPACT: Sufficient funds will be made available in account #101-4115-531000-400 on an as -needed basis. RECOMMENDATION: Staff recommends Board approval of the short-listed firms for Professional Engineering Services for Bridge Evaluation & Design Services - Continuing Contract and permission to: Conduct contract negotiations with the successful short-listed firms; If negotiations are successful, award contract to the successful short-listed firms and authorization for the Chair to sign the documents as prepared by the County Attorney. COMMISSION ACTION: Coordination/Signatures MreW4epburnJ, afreola gement & Budget DireS*/2015 Danie 5. McIntyre, 7>ktorney 8/7/2015 N and Tipton, Count Administrate 8/10/2015 Updated: 8/12/2015 10:39 AM by Donna Calise Page 2 Packet Pg. 147 8.1.1.a Attachment A Firm Location Past Performance References Qualifications Total Score Rankin Total possible points per committee member 20 55 25 100 Total possible points for four members 80 220 100 400 Kimle -Horn & Associates, Inc 24 207 90 321 1 SAI Consulting Engineers 12 212 97 321 2 Culpepper & Terpenin , Inc 80 165 66 311 3 Wantman Group, Inc 40 190 81 311 4 Infrastructure Engineers, Inc 24 192 84 300 5 Underwater Engineering Services 80 153 63 296 6 Stanley Consultants 12 200 82 294 7 DRMP, Inc 12 194 82 288 8 Stantec Consulting Services, Inc 12 190 80 282 9 GRAEF 12 190 79 281 10 Bridge Design Associates, Inc 12 190 78 280 11 Ca tec Engineering, Inc 24 168 67 259 12 a� c �L m d c c w c 0 .y N d 0 a M M O LO 6 z a u- w ao C a) E M V Q Packet Pg. 148 Attachment B 8.1.1.b BOARD OF COUNTY COMMISSIONERS COUNTY F L O R 1 D A Tabulation Sheet PURCHASING DEPARTMENT RFQ No. 15-033 Professional Engineering Services for Bridge Evaluation & Design Services - Continuing Contracts Bridge Design Associates Inc. - H Contact: Brian C. Rheault Phone: 561-686-3660 Fax: 516-791-1995 Address: 1402 Royal Palm Beach Boulevard, Bldg. 200, Royal Palm Beach, FL 33411 Ca tec Engineering, Inc. - H Contact: Joseph W. Capra Phone: 772-692-4344 Fax: 772-692-4341 Address: 301 NW Fla ler Ave., Stuart, FL 34994 Culpepper & Ter enin Inc. - H Contact: James P. Ter enin Phone: 772-464-3537 Fax: 772-464-9497 Address: 2980 South 25th Street, Ft. Pierce, FL 34981 DRMP Inc. - S Contact: Michael K. Albano Phone: 561-451-8124 Fax: 561-451-8142 Address: 31301 Powerline Road, Suite 107, Boca Raton, FL 3343 GRAEF - S Contact: Scott D. Hinrichs Phone: 407-659-6500 Fax: 407-659-0609 Address: 2300 Maitland Center Parkway, Suite 210, Maitland, FL 32751 Infrastructure Engineers, Inc. - H Contact: Frank Hickson Phone: 772-388-1661 Fax: 407-957-8744 Address: 1069 Main Street, Suite 112, Sebastian, FL 32958 Kimle -Horn and Associates Inc. - S Contact: Brian Good I Phone: 772-794-4100 Fax: 561-863-8175 Address: 445 24th Street, Suite 200, Vero Beach, FL 32960 SAI Consulting Engineers - H Contact: Bassel Kassem Phone: 407-201-6153 Fax: 407-201-8920 Address: 1153 Miranda Lane, Kissimmee, FL 34741 Stanley Consultants - H Contact: John P. Downes Phone: 561-689-7444 Fax: 561-689-3003 Address: 1641 Worthington Road, Suite 400, West Palm Beach, FL 33409 Stantec Consulting Services Inc. - H Contact: Robert T. Carballo Phone: 561-487-3379 Fax: 561-487-3466 Address: 21301 Powerline Road, Suite 311, Boca Raton, FL 33433 Underwater Engineering Services Inc. - H Contact: Jeffrey O'Connor I Phone: 772-337-3116 Fax: 772-337-0294 Address: 3309 Enterprise Road, Ft. Pierce, FL 34982 Wantman Group, Inc. - S Contact: Coriann Salas Phone: 772-408-5258 Fax: 772-408- Address: 548 Mercantile Place, Port St. Lucie, FL 34986 6 z CY U- M 0 M 0 r c m E t a Packet Pg. 149 AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Desiree Cimino, Purchasing Manager SUBMITTED BY: Purchasing Division SUBJECT: Removal of Fixed Assets from Inventory 8.1.2 ITEM NO. (ID # 3024) DATE: 08/18/2015 *CONSENT AGENDA\OFFICE OF MANAGEMENT & BUDGET BACKGROUND: 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 the St. Lucie County Board of County Commissioners and the St. Lucie County Health Department. 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 the St. Lucie County Board of County Commissioners and the St. Lucie County Health Department. COMMISSION ACTION: Packet Pg. 150 8.1.2 Coordination/Signatures e ey epbur e o YaWgement & Budget DireS*/2015 iL Danie 5. McIntyre, Cgifinty ttorney 8/7/2015 �e Ho and Tipton, Count Administrate 8/10/2015 Updated: 8/11/2015 12:22 PM by Donna Calise Page 2 Packet Pg. 151 8.1.2.a PROPERTY # I DEPT. ASSETS TYPE Year Acquired 102156 Information Technology Computer 2002 102157 Computer 2002 102163 Computer 2002 102188 Computer 2002 102197 Computer 2002 102226 Computer 2003 102231 Computer 2003 405987 Computer 2002 407441 Computer 2004 491135 Computer 2005 102218 IT Storage Computer 2003 102225 Computer 2003 102230 Computer 2003 102259 Computer 2004 102260 Computer 2004 102262 Computer 2004 204012 Computer 2004 204015 Computer 2004 405949 Computer 2002 406458 Computer 2003 406562 Computer 2003 406621 Computer 2003 406633 Computer 2003 406639 Computer 2003 406642 Computer 2003 406686 Computer 2003 407170 Computer 2004 407181 Computer 2004 407187 Computer 2004 407188 Computer 2004 407194 Computer 2004 407195 Computer 2004 407211 Computer 2004 407218 Computer 2004 407263 Computer 2004 407280 Computer 2004 407289 Computer 2004 407646 Computer 2005 408351 Computer 2006 408554 Computer 2006 408555 Computer 2006 700376 Computer 2003 402340 Management & Budget Printer 1995 405948 Tradition Field Time Clock 2002 Packet Pg. 152 8.1.2.a PROPERTY # I DEPT. 406424 406557 406659 406660 406661 406663 406667 406670 406672 406682 406691 407252A 407353 407510 407514 407515 407516 407518 407519 407979 408357 & A, B & C 408642 407640 408919 408921 409131 409713 409725 491067 491068 491159 491166 491167 600313 600324 453333 453363 Library Fenn Center Public Safety Facilities Public Safety Environmental Resources P/W Water Quality Public Safety Planning Aquatics Engineering HR - Risk Mgmt. 11 Planning Building & Code 11 Tradition Field 11 Public Safety 11 ASSET TYPE I Year Acquired Printer Laptop Computer Computer Computer Computer Computer Computer Computer Computer Computer Pump, hose add -on Computer Radio Radio Radio Radio Radio Radio Copier Security Camera System Computer Defibrillator Defibrillator Defibrillator Computer Defibrillator Defibrillator Printer Printer Printer Computer Computer Steamer Ice Machine Security System Security System 2003 2003 2003 2003 2003 2003 2003 2003 2003 2003 2003 2004 2004 2004 2004 2004 2004 2004 2004 2005 2006 2006 2005 2006 2006 2007 2008 2008 2002 2002 2005 2006 2006 2006 2009 1996 1996 Packet Pg. 153 8.1.2.b v N O M LO T- O T" O O 2 76 > O E O L i a N O a+ C d E t V R a Packet Pg. 154 ITEM NO. (ID # 3012) TO: PRESENTED BY: SUBMITTED BY: BACKGROUND: DATE: 08/18/2015 AGENDA REQUEST Board of County Commissioners Guy D. Medor, Regional Parks & Stadiums Manager Regional Parks & Stadiums Division *CONSENT AGENDA\PARKS, RECREATION & FACILITIES Waiver of Calvin R. Triplett Field Facility Rental Fees - Girl Scouts of Southeast Florida The Girl Scouts of Southeast Florida is a 501(c)(3) non-profit organization dedicated to providing educational opportunities and experiences to local youth. The organization is unyielding in its commitment to the girls they serve, and knows that their programs complement the great work being done. In an effort to hold the 2015 recruiting effort, the organization requested in an email dated, July 20, 2015, that the facility rental fee of $303.75 be waived. In accordance with section 2C of the St. Lucie County Facility Use Rules and Procedures, facility rental fees cannot be waived unless approved by the Board of County Commissioners. Additionally, the event must meet the following criteria in order to be eligible for a waiver: Be a St. Lucie County governmental agency or non-profit with a 501(c)(3) tax exemption, which provides a service that benefits the public and is available to all citizens of the County; or The event is a fundraiser for an organization which meets the requirements in C(1)(a). Approval of the waiver is at the sole discretion of the Board of County Commissioners. Charges for staff ( 50.00), equipment ($100.00), and a $250.00 refundable security deposit will be paid by the organization. PREVIOUS ACTION: N/A FINANCIAL IMPACT: If the fee waiver is approved, the County would forgo $303.75 in facility rental fees. RECOMMENDATION: Staff recommends Board approval to waive $303.75 in facility rental fees for the Girl Scouts of Southeast Packet Pg. 155 Florida for their annual recruiting effort on Saturday, September 12, 2015, at Calvin R. Triplett Field. COMMISSION ACTION: Coordination/Signatures Edward Matthews, ParkI, Recreatio Facilities Direct7.YF29/2015 Danie 5. McIntyre, C my ttorney 8/3/2015 Updated: 8/11/2015 2:21 PM by Donna Calise A Page 2 Packet Pg. 156 8.J.1 Subject: FW: Girl Scout event Attachments: 2015 St Lucie Parks Letter of Support for Recruitment,doc; Girls Scouts of Southeast Florida - 2015,xlsx -----Original Message ----- 0 From: Stephanie Vernot [mailto:svernot@gssef.org] Sent: Monday, July 20, 2015 3:47 PM To: Edward Matthews Cc: Willie Redden (nn 4- Subject: Girl Scout event 0 Good Morning Mr. Matthews, U) My name is Stephanie Vernot, membership manager for the Girl Scouts of Southeast Florida. The reason for my email is that I'm in the process of planning M my fall recruitment events for Girls in St Lucie County. I've decided to have y another event this year at Lawnwood stadium in Ft Pierce on Saturday, a September 12, 2015. Last year's event was a huge success and we were able to start several troops and build new relationships in the city of Ft. Pierce. I've been in communication with Willie Redden who has informed me that the facility is available for use on that day. I've also submitted my facility use application and tax exempt form to him for approval. Once approved we are asking that the facility fee be waived for our event. Attached to this email you'll find a formal 12 letter of request from my Director, Rhonda Lang. Pease review and provide me a 0 response at your earliest opportunity. If you have any additional questions please feel free to contact me with the information listed below. r Thanks in advance for your consideration and support, Stephanie Vernot Membership Recruitment Manager (561) 402-4781 (cell) (561) 427-0187 (fax) svernot@gssef.org 1224 W. Indiantown Road Jupiter, FL 33458 Packet Pg. 157 8.J.2 COUNTY "' IF L D R 1 D A Estimate Date: July 21, 2015 EXHIBIT "A" ESTIMATE OF FEES VENUE: Lawnwood Stadium - Open Space PHONE: 772-462-2159 Event: Girl Scout Carnival Kick Off Registration Event No. of Attendees: 75 Contact Name: Stephanie Vernot, Mission Delivery Manager of Membership Fax:772-462-2103 Event Date: September 12, 2015 Event Day: Saturday Set Up/Load In: 9am - 11am Event Times: 11am - 2pm Break Down/Load Out: 2pm - 3pm Total Event Hours: 6 hrs. Organization: Girl Scouts of Southeast Florida Address: 1224 West Indian Town Rd., Jupiter, FL 33458 Office Phone: 561-402-4781 Fax: Cell: E-mail Address: svernot@gssef.org *************************************************************************************** Facility Use Fee Rate Fee Lawnwood - Open Space $405 up to 8hrs. Sub -total $405.00 Deduct 25% $101.25 Revised Sub -total $303.75 Sales Tax 6.5% $0.00 FEE WAIVED FACILITY USE FEE TOTAL $303.75 Staff/Personnel (Does not include cost of any required security personnel) Event Supervisor (Required) *(1) Supervisor $25.00. x 2hrs $50.00 STAFF FEES TOTALI $50.00 Other Fees *(1) Dumpster $100.00 $100.00 Sales Tax 6.5% $0.00 OTHER FEES TOTAL $100.00 *Security Deposit - (Refundable) SECURITY DEPOSIT TOTAL $250.00 TOTAL ESTIMATED CHARGESI $400.00 50% Depositl $200.00 * Group will pay Supervisor, Dumpster and Security Deposit fee $400.00 Other Requirements include but are not limited to: 1. 50% Deposit with signed Facility Use Agreement, Required Documents to Confirm Reservation. Balance due 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, 2300 Virginia Ave, Ft. Pierce, FL 34982 as an additional Insured. 3. Proof of Security (St. Lucie County Sheriff's Department Michael Muller @ 772-462-3281) www.stluciesheriff.com Estimate Prepared by: Willie Redden Stephanie Vernot, Mission Delivery Manager of Membership Packet Pg. 158 8.J.2 V N O M O N N R E N W r N O C+ r Q Packet Pg. 159 8.K.1 ITEM NO. RES-2015-143 TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners John Wiatrak, Airport Manager St. Lucie County International Airport Division DATE: 08/18/2015 *CONSENT AGENDA\PLANNING & DEVELOPMENT SERVICES Airport Security Improvements Resolution - Board Acceptance of FDOT Funds for Security Improvements at the St. Lucie County International Airport This agenda request is for a Budget Resolution establishing project funds for Security Improvements at the St. Lucie County International Airport. This project was approved under the FY 2015 Capital Improvement Program. This project will add two (2) high mast LED lighting systems to the terminal ramp and Customs ramp areas. These lights will increase safety by illuminating areas identified in a 2012 security assessment as being too dark. Funds are available with no impact to the General Fund. Project funding consists of an FDOT 50% match share of $50,000.00 and a 50% matching share of $50,000.00. PREVIOUS ACTION: 1/20/2015 - Board approval of FDOT Joint Participation Agreement (Grant) FINANCIAL IMPACT: FDOT funds are available in 140386-4220-563000-154603 (Pending BOCC Approval) Matching funds are available in 140-4220-563000-4804 (Pending BOCC Approval) RECOMMENDATION: Staff recommends Board approval of the Budget Resolution establishing the fund for the Security Improvements at the St. Lucie County International Airport and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 160 8.K.1 Coordination/Signatures I e Aon, Plan 11 ng Manager 7/24/2015 Danie 5. McIntyre, Cgifnty ttorney 7/27/2015 Updated: 8/11/2015 3:40 PM by Donna Calise C Page 2 Packet Pg. 161 RESOLUTION WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Florida Department of Transportation through a Joint Participation Agreement, in the amount of $50,000, for Security Improvements at the St. Lucie County International Airport. 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 18th day of August, 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 140386-4220-334411-154603 FDOT-Transportation $50,000 APPROPRIATIONS 140386-4220-563000-154603 Infrastructure $50,000 After motion and second the vote on this resolution was as follows: 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 18TH DAY OF AUGUST 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Packet Pg. 162 8.K.2 ITEM NO. (ID # 2998) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners John Wiatrak, Airport Manager St. Lucie County International Airport Division DATE 08/18/2015 *CONSENT AGENDA\PLANNING AND DEVELOPMENT SERVICES Airport Hanger and Office Sublease - Between Bell Aircraft, LLC & Fort Pierce FBO, LLC Fort Pierce FBO, LLC has presented a proposed hangar sublease with Bell Aircraft, a Florida LLC, for consent by the Board of County Commissioners. The proposed sublease is for the ground and hangar located at 3828 St. Lucie Blvd. which will be used by Bell Aircraft, a Florida LLC, to conduct the business of aircraft storage and maintenance. The term of the lease begins the effective date of 04/01/2015 and ends on the termination date of the Ground Master Lease. Staff has reviewed the proposed sublease and finds it acceptable as to legal form and correctness. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners consent to the proposed hangar sublease between Fort Pierce FBO, LLC and Bell Aircraft, a Florida LLC, and authorize the Chair to sign the Consent of Master Ground Lessor. COMMISSION ACTION: Packet Pg. 163 8.K.2 Coordination/Signatures I e Aon, Plan 11 ng Manager 7/29/2015 Danie 5. McIntyre, Cgifnty ttorney 8/4/2015 Updated: 8/11/2015 11:57 AM by Donna Calise A Page 2 Packet Pg. 164 2982 Curtis King Blvd Fort Pierce, FL 34946 772-489-2285, 772-468-0252 GROUND SUBLEASE Reference Page Tenant: Bell Aircraft , a Florida Landlord: Fort Pierce FRO LLC, a Florida Limited Liability Company Tenant's Notice Address: 3828 St. Lucie Blvd, Fort Pierce, FL 34946 Address of Premises: 3828 St. Lucie Blvd, Fort Pierce, FL 34946 Rentable Area of Premises: As described on Exhibit A, approx. 3630sf Effective Date: April 1, 2015 Termination Date: Termination Date of the Landlord's Ground Master Lease Initial Base Rent: $.0539 per square foot per month, plus applicable sales tax (note : Base rent is current to the amount paid pursuant to previous lease, dated 5/28/1993) Net Rent Adjustment: Set forth in Section 3 Non -Refundable Deposit: N/A This Reference Page (herein so called) information is incorporated into and made a part of the Ground Sublease. The Ground Sublease includes Exhibit A (Site Plan and Legal Description of the Premises), Exhibit B (Environmental Requirements), and Master Ground Landlord's Consent Landlord: Tenant: Fort Pierce FBO, LLC Bell Aircraft 2982 Curtis King Blvd Fort Pierce, FL 34946 Packet Pg. 165 GROUND SUBLEASE THIS GROUND SUBLEASE ("Sublease") is made and entered into as of the I st day of April, 2015 ("Effective Date"), by and between FORT PIERCE FBO LLC, a Florida limited liability company ("Landlord"), and Bell Aircraft ("Tenant"). WITNESSETH: A. Landlord is the lessee under an Amended and Restated Lease Agreement dated October 10, 2000 (as amended and modified, "Ground Master Lease") with St. Lucie County, Florida ("Ground Master Landlord"), of certain land located at the St. Lucie County International Airport ("Airport"), Landlord having acquired its interest in the Ground Lease by an Assignment and Assumption Agreement dated as of January 24, 2011 from Treasure Coast FBO, LLC, as assignor, to Landlord, as assignee. B. Tenant desires to sublease from Landlord, and Landlord has agreed to sublease to Tenant, a part of the demised Ground Master Lease premises located at the Airport ("Premises"), subject to Ground Master Landlord's consent to such sublease and upon the terms and conditions set forth in this Sublease. C. On the date hereof, Landlord has conveyed to Tenant all improvements located on the Premises ("Improvements"), which conveyance is subject to all terms and conditions of this Sublease. NOW, THEREFORE, in consideration of these premises and the mutual provisions set forth in this Sublease, and other good and valuable consideration, the receipt and sufficiency of which hereby are acknowledged, the parties hereby agree as follows: 1. PREMISES• USE; NON -COMPETE. (a) Premises. Tenant leases the Premises shown on Exhibit A and described on the Reference Page from Landlord. The Premises and contiguous or related property which are managed jointly are referred to as the "Property" and are located at the Airport. In addition, Tenant, its agents, employees and invitees shall have access to the full airport facility known as the St. Lucie County International Airport; shall at all reasonable times be permitted access to the runways, taxiways and other public facilities located upon the Property; and shall have non- exclusive rights in common with others to park in parking areas located on the Property. (b) Use. The Premises shall be used and occupied solely for aircraft storage, maintenance and repair of aircraft, aircraft engines, including installation, maintenance and repair of related instruments, gauges, and equipment, and activities related to the transport of goods and personnel and in conformity with the location, design and structure thereof and the Ground Master Lease. Tenant shall not permit anything to interfere with the rights of other tenants on the Property or injure, annoy or disturb them. Tenant shall not permit any waste or illegal act nor anything that will increase the Property insurance rate. Tenant shall be financially responsible for its failure to observe any covenant or condition of this Section. During the Term of this Sublease, the Premises shall not be used (1) for any purpose in violation of any federal, states or municipal statue or ordinance, or of any order, regulation or directive of a governmental agency, as such Packet Pg. 166 statutes, ordinances, orders, regulations or directives may now exist or may hereafter provide concerning the use and safety of the Premises; or (2) for any purpose in violation of the Ground Master Lease. (c) Covenant Not to Compete. Tenant shall use the Premises solely for the purposes set forth herein and shall not, during the Term of this Sublease, enter into any commercial activity on the Airport that would in any form or manner compete with any of the activities in which Landlord is engaged on the Airport as of the Commencement Date, or which involve the sale of aircraft fuels, rental of ground vehicles, sale of food or beverage, or rental of life gear. Additionally, Tenant shall not permit any entity to perform any activity on the Premises which in any form or manner competes with any commercial activity in which Landlord is engaged as of the Commencement Date. 2. TERM; HOLDING OVER; ABANDONMENT. (a) Term. The term of this Sublease ("Term") shall begin on the Commencement Date and end on the termination date of the Ground Master Lease ("Termination Date"). Tenant shall surrender the Premises to the Landlord immediately upon termination of the Term or earlier termination as provided herein. Delivery of possession of the Premises to Tenant shall be made on the date of this Sublease. (b) Holding Over. If Tenant remains in possession of the Premises after the end of the Term or earlier termination of this Sublease, Tenant shall be bound by the terms and provisions of this Sublease except that no tenancy or interest in the Premises shall result, but such holding over shall be an unlawful detainer and all such parties shall be subject to immediate eviction, and Tenant shall upon demand pay to Landlord, as liquidated damages, a sum equal to one hundred fifty percent of the Base Rent payable during the calendar month immediately preceding the expiration or earlier termination of this Sublease for any period during which Tenant shall hold the Premises after the stipulated Term of this Lease shall expire or may have terminated. In addition, Tenant shall also pay all direct, actual damages sustained by Landlord on account of Tenant holding over. (c) Abandonment. If Tenant vacates the Premises prior to the scheduled expiration of the Term, other than as permitted pursuant to this Sublease, Tenant shall be in default of this Sublease, and if Tenant has not re-entered the Premises and resumed the operation of its business for a period of thirty consecutive days, Tenant shall be deemed to have abandoned the Premises and the Improvements, and Landlord shall have the right, but not the obligation, to take sole possession of the Premises and the Improvements on or after the tenth day following the expiration of said thirty -day period and Landlord may relet said Premises. 3. RENT. (a) Tenant shall pay the Base Rent, as set forth on the Reference Page, on the entire area being leased, plus all sales tax levied by any federal, state, county, city or any agency authorized to levy and collect rent tax, payable in equal monthly installments, due on the first of each month. The Base Rent shall increase by the percentage increase in ground rent paid by Landlord under the Ground Master Lease with respect to the Premises, effective on the same date that the increase in ground rent takes effect under the Ground Master Lease. -2- Packet Pg. 167 (b) Other sums due hereunder, if any ("Additional Rent" and together with the Monthly Base Rent, "Rent") shall also be due on the first of each month. (c) Rent shall be paid to Landlord without offset, deduction or notice. (d) Each Rent payment not received by the tenth (10") of the month shall bear a late charge of two percent per month from the due date until the date the Landlord receives payment ("Late Charge"). In addition to the Late Charge, Landlord may charge a one-time bookkeeping charge of five percent of the amount due ("Bookkeeping Charge"). These charges are for the purpose of collection efforts and to defray costs incurred by Landlord in regard to such collection efforts. Partial payments of delinquent amounts shall be applied to pay past due amounts and charges in the following order: Bookkeeping Charges, Late Charges, Rent. (e) In addition, Landlord shall have all the rights and remedies provided by law. The provisions for installment payment of any sums set forth in this Section are a privilege for the benefit of Tenant. If Tenant fails to make timely payments, the provisions of Section 16 shall apply. Nothing in this Section shall be deemed a waiver by Landlord of any covenant, term or condition of Section 16. 4. EXPENSES. Tenant shall pay any and all expenses in connection with the Premises, Improvements and Alterations (defined below), including without limitation its pro rata share of all ad valorem real property taxes attributable to the Premises and the Improvements and all utilities, but excluding ground rent under the Ground Master Lease (which shall be paid by Landlord). Utilities shall be paid in accordance with Section 12. Tenant is responsible for and shall pay directly for all other expenses related to its business, and all other expenses incurred as a direct result of tenant's failure to abide by any and all regulations or rules as set forth by the county, state, and federal government or any governing authority over the Premises. 5. ALTERATIONS. Any construction on the Premises, including any alterations, changes or additions to the Improvements ("Alterations"), shall be subject to the terms of the Ground Master Lease and Landlord's prior written approval. Tenant shall design and construct all Alterations in accordance with State and Federal accessibility guidelines and provide Landlord with copies of all plans and specifications with respect to such Alterations, prior to commencing such Alterations. Tenant, at its sole expense, shall obtain all required permits from authorities having jurisdiction prior to the commencement of any construction activity. Tenant acknowledges that Landlord must approve any alteration to any approved site plan with respect to the Premises. 6. CONDITION OF PREMISES. By taking possession, Tenant fully accepts the Premises in its present state of condition, which is the condition in which Landlord is obligated to deliver the Premises. 7. MAINTENANCE. 'Tenant is responsible for maintenance of its premises. -3- Packet Pg. 168 S. LIENS. Tenant shall keep the Premises free from liens. If Tenant does not, within ten days following the filing of a lien against the Premises, cause such lien to be released, Landlord may cause it to be released by such means as it shall deem proper, including payment of the claim. Such sums advanced shall be considered Additional Rent and payable by Tenant upon demand from Landlord. 9. ASSIGNMENT; SUBLETTING. Tenant shall not assign or pledge this Sublease or sub - sublet the Premises without the prior written consent of Landlord. A transfer directly or indirectly of a controlling interest in Tenant (either in one transfer or a series of transfers) shall constitute an assignment hereunder. This provision shall not exclude Tenant from sub -subletting space for month to month individual aircraft storage. 10. INDEMNIFICATION. To the fullest extent permitted by applicable law, Tenant waives all claims against Landlord for damage to any property or injury to any person connected with Tenant's use of the Premises. Tenant shall hold Landlord and Ground Master Landlord harmless from, and defend Landlord and Ground Master Landlord against, all claims, liability, loss or costs for property damage or personal injury (including that to Tenant's customers, employees, agents or invitees) on the Premises, or in the parking areas, sidewalks and loading areas adjacent to the Premises, occurring or alleged to have occurred during the Term; provided that such liability, loss or costs is not due to the gross negligence or willful act or omission of the Landlord. This Section shall survive the termination of this Sublease. II. INSURANCE. Tenant shall at all times during the Term continuously maintain (i) commercial general liability insurance with limits not less than $1 million per occurrence, written on an occurrence basis, which insures against claims for bodily injury, personal injury, and property damage based upon, involving or arising out of the use, occupancy or maintenance of the Premises, improvements thereon, and the Property; (6) Worker's Compensation insurance for all personnel in statutory limits, (iii) business automobile liability insurance with limits not less than $1 million each accident covering owned, hired, and non -owned vehicles used by Tenant, (iv) all risk property insurance (including windstorm coverage and environmental) on the Premises and any Alterations in the amount of full replacement cost, and (v) hangarkeepers liability insurance in a minimum amount of $250,000.00 per aircraft and $2,500,000.00 aggregate. In addition, all insurance Tenant shall maintain shall name Landlord and its affiliates, management company, Ground Master Landlord and mortgagee as additional insureds (on a primary and noncontributory basis) and provide thirty days notice of cancellation. A certificate of insurance shall be delivered to Landlord prior to the Commencement Date. Tenant hereby waives any rights of recovery against Landlord for any loss normally covered by fire, extended coverage or all risk insurance, and shall obtain the necessary endorsements from its insurer with respect thereto. Upon the reasonable request of Landlord, Tenant shall be obligated to increase the limits or change or obtain additional insurance. Tenant acknowledges that insurance limits and deductibles may increase due to requirements of Ground Master Landlord and agrees to abide by such requirements. Tenant shall maintain the minimum insurance requirements based on the intended use of the premises which is established by the terms and conditions of the second Amended and Restated Lease Agreement. 12. UTILITIES. Tenant shall pay promptly and in full for all utilities including but not limited to all electricity, water, sewer, communications, Internet access and trash and garbage removal -4- Packet Pg. 169 with respect to the Premises. This includes all deposits, connection fees, tap fees, and demand or reservation fees together with all taxes levied or other charges on such utilities and governmental charges based on utility consumption. Landlord shall not be liable for any interruption or diminution of utility services. In the event of utility "deregulation" Landlord shall choose the service provider. 13. SUBORDINATION. This Sublease shall be subordinate to any Property mortgage or ground lease, including without limitation the Ground Master Lease. Tenant agrees to attorn to any transferee, including any mortgagee under such mortgagee or the Ground Master Landlord as if it were the transferee, as its Landlord; and the Tenant agrees to execute such evidences of attornment as the mortgagee or the Ground Master Landlord may from time to time reasonably request. Tenant further agrees that such attornment shall not be terminated by foreclosure; and that the mortgagee or Ground Master Landlord may, at their sole option, accept or reject such attornment. In the event of attornment by Tenant, the mortgagee or Ground Master Landlord shall not be (a) liable for any act or omission of Landlord; or (b) subject to any offsets or defenses Tenant has against Landlord; or (c) bound by prepayment of more than one month's Rent; or (d) be required to account for any security deposit not actually delivered to such ground owner or mortgagee; or (e) bound by any modification of this Sublease not approved by it. Tenant shall execute a subordination, non -disturbance and attornment agreement upon ten days notice, provided that such agreement is mortgagee's standard form. Tenant further agrees to provide any mortgagee of the Property written notice of a Landlord default under this Sublease and a reasonable opportunity to cure such default. 14. RULES; SIGNS. (a) Rules. Tenant and Tenant's agents, employees, visitors, licensees, invitees, clients and customers shall comply with the Environmental Requirements attached as Exhibit "B" and all reasonable rules and regulations promulgated by Landlord from time to time which, in Landlord's opinion, shall be necessary for the reputation, safety, care, efficient operation or appearance of the Premises or the Property, provided such rules and regulations are applied in a non-discriminatory manner. Landlord shall not be liable to Tenant for the violation of any said rules and regulations or the breach of any covenant or condition in any lease or sublease by any other tenant, subtenant or assignee, or by the employees or invitees of any other tenant, subtenant or assignee. (b) Suns. Tenant shall install signs or lettering and advertising in compliance with governmental regulations, FAA and Airport requirements, and Property standards after obtaining Landlord's written consent, which shall not be unreasonably withheld. Tenant shall hold and keep current all permits and licenses required by any law or regulation. 15. REENTRY. Landlord may reenter the Premises to inspect, provide services, or alter or repair the Premises. Tenant waives any claim for reasonable interference to its business. Tenant acknowledges and accepts requirement to provide access to premises for the purpose of an annual Stormwater Pollution Prevention inspection, if so requested by the Master Landlord. 16. DEFAULT. (a) As to Rent. If Tenant defaults in the payment of Rent and any sums of money required to -5- Packet Pg. 170 be paid by Tenant to Landlord remain unpaid for a period 30 days, then Landlord shall have all the following options and privileges: (1) Landlord may declare one year's.Base Rent as presently due and payable. Such declaration shall not be construed as a splitting of a cause of action, nor shall it alter or affect Tenant's obligations to pay Rent under the terns of this Sublease. (2) Landlord may, after the statutorily required notice, terminate this Sublease. (3) In addition, Landlord may exercise any and all other options available to it, in law or in equity, which options may be exercised concurrently with or separately from the exercise of the above options. (4) if Tenant cures the delinquency after receipt of the termination notice, Landlord shall no longer have the right to terminate the Sublease by reason of such delinquency; provided, however, that the curing of any delinquency in such a manner shall not be construed to limit or restrict the right of Landlord to declare the Sublease terminated and enforce all of its rights and remedies for any other (including any subsequent) delinquency not so cured. (b) As to Other Provisions of the Sublease. if Tenant defaults (i) in the observance of any ordinance, law or regulation or any term, covenant or condition of this Sublease or other agreement with Landlord and fails to remedy, or commence to remedy (and diligently pursue until completion), such default within twenty days after notice; or (ii) in subletting or assigning this Sublease without consent; then, Landlord may give Tenant the statutorily required notice of Sublease termination, if any, and Tenant shall remain liable for damages and Rent due hereunder. If Tenant defaults two times in any six-month period, Landlord may serve notice of Sublease termination without giving Tenant an opportunity to cure such default. (c) No Waiver. Landlord's failure to enforce one or more of its rights under this Sublease, in the law, or in equity, shall not be construed as a waiver or limitation of Landlord's ability to subsequently enforce any of its rights. (d) Tenant Bankrul2tey. Upon the appointment of a receiver or an assignment of assets for the benefit of creditors, or action taken by Tenant under any bankruptcy or other debtor relief act, this Sublease shall automatically terminate without notice. 17. REMEDIES. If this Sublease shall terminate due to a default by Tenant, then Tenant shall pay all Rent until termination and, as damages, any deficiency between the future Rent herein and the rent collected under any re -letting, net of all expenses. Landlord may elect not to terminate this Sublease but to (i) recover the Rent as the same becomes due or, in advance, the present value of the future Rent and/or (ii) cure the default of Tenant and recover from Tenant the cost of such cure plus interest at the rate of two percent (2%) per month until paid. After termination due to such default, Landlord may reenter the Premises, dispossess Tenant from the Premises thereon and remove all personal property without releasing Tenant from any obligation, including payment of Rent. Tenant and Tenant's creditors waive all rights to file claims for damages resulting from such reentry and expulsion, or to reenter or repossess the Premises, after Tenant shall have been dispossessed by any judgment. Packet Pg. 171 18. QUIET ENJOYMENT. Landlord warrants that it has the authority to enter into this Sublease and that Tenant, while paying Rent and performing its other covenants and agreements shall peaceably and quietly have, hold and enjoy the Premises without hindrance from Landlord. 19. CASUALTY. If the Premises or access thereto shall, at any time during the Term hereby created or any renewal thereof, be damaged or destroyed, (i) this Sublease shall continue in full force and effect, (ii) Tenant shall be obligated to rebuild on the Premises, with reasonable promptness, the Improvements and Alterations that existed on the Premises prior to the date of said casualty, and (iii) Rent shall continue unabated. The provisions of this Article shall be subject and subordinate to the Ground Master Lease on the Premises or Property. 20. EMINENT DOMAIN. (a) Termination on Material Taking. If possession of any material part of the Premises or Improvements is taken under the power of eminent domain, or conveyance in lieu thereof, either party may terminate this Sublease within thirty days of such taking. Landlord shall be entitled to any condemnation award with respect to its interest in this Sublease and the Ground Master Lease, and Tenant shall be entitled to any condemnation award with respect to the Improvements, its interest in this Sublease and dislocation damages. For purposes of this Section, "material part" shall mean forty percent or more of the square footage of the Premises. (b) Termination on Non -material Taking. If less than forty percent of the square footage of the Premises is taken under the power of eminent domain, or conveyance in lieu thereof, and if, in Tenant's opinion, the remainder of the Premises is in a location, or in a form, shape or reduced size that makes it impossible for Tenant to effectively and practicably conduct its regular activities on the remaining Premises, then Tenant shall so notify Landlord in writing no later than 30 days after receiving notice of approval of the taking, and this Sublease shall terminate on the date title to the portion of the Premises being taken vests in the condemning authority. If Tenant fails to timely notify Landlord, then Tenant will be deemed to have determined to remain on the Premises, and the Sublease will remain in effect subject to provisions of paragraph (c) below. Landlord shall be entitled to any condemnation award with respect to its interest in this Sublease and the Ground Master Lease, and Tenant shall be entitled to any condemnation award with respect to the Improvements, its interest in this Sublease and dislocation damages. (c) Continuation with Rent Abatement after Non -material Taking. If less than forty percent of the square footage of the Premises is taken under the power of eminent domain, or conveyance in lieu thereof, and if, in Tenant's opinion, the remainder of the Premises is in a location, or in a form, shape or reduced size that permits Tenant to continue to effectively and practicably conduct its regular activities on the remaining Premises, this Sublease shall terminate as the portion of the Premises taken as of the date title to the portion of the Premises being taken vests in the condemning authority. However, this Sublease shall continue in full force and effect as to the remaining Premises. From and after the date title to the portion of the Premises being taken vests in the condemning authority, the Base Rent required to be paid by Tenant shall be reduced proportionally and shall be calculated in accordance with the Base Rent formula shown on the Reference Page, as such Base Rent may have been increased pursuant to paragraph (a) of Article 3. 21. SALE BY LANDLORD. If the Landlord's interest in the Ground Master Lease is sold, -7- Packet Pg. 172 Landlord shall be released from any future liability under this Sublease and Tenant shall look solely to Landlord's successor. Except as set forth in this Section, this Sublease shall not be affected by any such sale. 22. ESTOPPEL CERTIFICATES. Within ten days of request, Tenant shall deliver to Landlord or any prospective landlord or mortgagee a statement certifying (a) the Termination Date; (b) that this Sublease is unmodified except as specified; (c) the date to which Rent has been paid; (d) that there are no defaults of Landlord's obligations except as specified; and (e) financial, environmental and other information as reasonably requested. 23. TITLE TO IMPROVEMENTS UPON TERMINATION. Upon the termination of this Sublease for any reason whatsoever, Tenant hereby surrenders to Landlord all of Tenant's right, title and interest in the Improvements, and such right, title and interest shall vest in Landlord. Such vesting in Landlord shall be self -operative without the need for any further documents or instruments, but Tenant shall, upon request, execute and deliver to Landlord such documents or instruments as Landlord may reasonably request to confirm the foregoing. No compensation shall be due and payable to Tenant in connection with the transfer of Tenant's right, title and interest in the Improvements. 24. SURRENDER OF PREMISES. Upon termination of this Sublease, Tenant shall peaceably and quietly leave, surrender and yield up unto Landlord all of the Premises and Improvements. The provisions of this Article 24 shall survive the termination of this Sublease. 25. NOTICES. Notices shall be sent by hand delivery, overnight courier, Certified Mail, or by fax with a confirmation of delivery followed by a copy sent by regular mail, using the addresses set forth on the Reference Page, and shall be deemed given upon delivery or refusal of delivery. 26. FORCE MAJEURE. Landlord and Tenant shall be excused for any delay and shall not be in default with respect to the performance of any of the terms or conditions of this Sublease when prevented from so doing by a cause beyond their control. This Section shall not apply to the timely payment of Rent. 27. MISCELLANEOUS. (a) Headings. The headings herein are for convenience and in no way describe the scope or intent of any Section. (b) Indemnification or Insurance of Landlord. Any indemnification or insurance of Landlord shall include Landlord's lenders, trustees, directors, beneficiaries, shareholders, agents, affiliates, employees and ground owner. (c) Construction. The terms person, Tenant and Landlord or any pronoun used in place thereof shall include the masculine or feminine, the singular or plural number, individuals, firms, and corporations according to the context hereof. (d) Severability. No determination by any court or other governmental authority that any provision of this Sublease is invalid or unenforceable in any instance shall affect the validity or enforceability of (i) any other provision of this Sublease, or (ii) such provision of this Sublease in -S- Packet Pg. 173 any circumstance not controlled by such determination. Each provision of this Sublease shall be valid and enforceable to the fullest extent allowed by, and shall be construed whenever possible as being consistent with, all applicable laws. (e) Time. TIME IS OF THE ESSENCE for this Sublease and all of its provisions. Any time period which shall end or expire on a Saturday, Sunday or legal holiday shall be deerned extended to the next day which is not a Saturday, Sunday or legal holiday. (f) Negotiated Document. This Sublease has been freely negotiated between the parties and in any controversy over the interpretation of anything contained herein, there shall be no presumption or conclusion drawn against either party by virtue of that party having drafted that section of the Sublease. (g) Limitation of Liability. Tenant shall look solely to Landlord's equity in its interest in the Property for satisfaction of any judgments or awards. (h) Entire Agreement. This Sublease represents the entire agreement between the parties as to the subject matter hereof and supersedes any previous understanding or agreement of the parties. (i) Amendment. This Sublease may not be modified except in writing, signed by the parties and duly recorded. 0) Governing Law. This Sublease and the performance thereof shall be governed, interpreted, construed and regulated by the laws of the State of Florida, without regard to its conflicts of laws provisions. (k) Attorneys' Fees. If any party is required to resort to litigation to enforce its rights under this Sublease, the parties agree that any judgment awarded to the prevailing party shall include all litigation expenses of the prevailing party, including (without limitation) actual attorneys' fees and court costs ("Award"). If the Landlord is the prevailing party, the Award shall be deemed Additional Rent hereunder and shall be due from Tenant on the first day of the month following the month in which the Award was determined. If Tenant is the prevailing party, the Award may be deducted from the next rental payment(s). (1) Third Party Beneficiary. Ground Master Landlord (and including its successors and assigns), is a third party beneficiary of this Sublease. (m)Further Assurances. The parties hereto agree that they will execute such other and further documents as may be necessary and/or required to effectuate the terms, provisions, conditions and covenants of this Sublease. (n) No Partnership. Notwithstanding anything contained herein to the contrary, it is not the intention of the parties hereto to create under any circumstances a partnership or a joint venture. The rights, duties, obligations and liabilities of Landlord and Tenant hereunder are separate and not joint or collective, and nothing herein shall ever be construed to create a partnership or joint venture under the laws of the State of Florida. Packet Pg. 174 (o) Counterrarts. This Sublease may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Copies (facsimile or original) of signatures to this Sublease shall be deemed to be originals and shall be binding to the same extent as original signatures. 28. FUEL. During the Tenn hereof Tenant shall, and shall cause anyone else who uses the Premises, to purchase from Landlord (and its assigns) all fuel, if available, and if aircraft refueling is conducted on the Property. 29. WAIVER OF JURY TRIAL. Landlord and Tenant hereby waive trial by jury in any proceeding brought against each other. Any legal proceedings shall be governed by the laws of the State in which the Property is located and tried in the court system in such state. 30. NONRESPONSISILITY OF LANDLORD. There shall be no abatement from or reduction of the Rent due hereunder regardless of the reason or cause. Tenant shall not be entitled to damages, costs, losses or disbursements from Landlord regardless of the cause or reason therefor. Tenant shall have no claim of any nature whatsoever against Landlord, no abatement or reduction of rent, and no recovery by Tenant from Landlord on account of partial or total failure of, or damage caused by (a) lessening of supply of, or stoppage of, heat, air-conditioning, electric light, power, water, plumbing, sewerage, elevators, or any other service, (b) any damage or annoyance occasioned by water, snow, or ice being upon or coming through the roof, skylight, trapdoors, windows, or otherwise, (c) any defect or break in any pipes, tanks, fixtures, or otherwise whereby steam, water, snow, smoke or gas, leak, issue or flow into the Premises, (d) any damage or annoyance occasioned by the condition or arrangements of any electric or other wiring, (e) any damage or annoyance arising from any acts, omissions, or negligence of owners or occupants of adjacent or contiguous property, or (f) the making of major repairs, alterations, repairs, improvements, or structural changes to the Property, or any thing or service therein or thereon or contiguous thereto provided the same shall be made with reasonable expedition. 31. GROUND MASTER LEASE; APPROVAL OF GROUND MASTER LANDLORD. (a) Ground Master Lease. Tenant is cognizant of the terms and conditions of the Ground Master Lease, and hereby covenants and agrees that its use and occupancy of the Premises hereunder and Improvements thereon shall be subject to all the provisions of the Ground Master Lease (as may be amended from time to time) and that it will not do or omit to do or permit to be done or omitted to be done any act or thing over which Tenant has control if such act, thing or omission would constitute a breach of any covenant in the Ground Master Lease on the part of Landlord to be performed and observed. Landlord shall not require the consent of Tenant to amend the Ground Master Lease, and Tenant hereby waives any right it may have to give any such consent or consents, provided that such amendment does not reduce the term, impose any increased material obligation on Tenant or materially diminish any of its rights. Except as otherwise provided, all of the terms and conditions of the Ground Master Lease shall be incorporated herein as if Tenant were the tenant thereunder and Landlord were the landlord thereunder. Tenant hereby indemnifies Landlord against all claims, damages, costs, and expenses arising out of its nonperformance or nonobservance of any terms of the Ground Master Lease. -10- Packet Pg. 175 (b) Approval of Ground Master Landlord. The Ground Master Landlord has approved this Sublease, and further conditions this Sublease upon the Tenant complying with all the terms, conditions, rules, regulations, and directives issued or adopted with respect to the Property. This Sublease is subordinate to the terms of the Ground Master Lease. 32. SECURITY. Tenant, and its employees, invitees, guests, and contractors must abide by those security regulations, policies and procedures (applicable at any time during the Term) ("Security Policies and Procedures") of the Landlord, the Airport, Federal Aviation Administration, the Transportation Security Administration, or any other applicable governmental or regulatory body, promulgated from time to time. Tenant shall indemnify, protect, hold harmless, and shall defend at its own expense, the Landlord and Landlord's mortgagees from time to time against any and all loss, claims and demands made by or arising in connection with Tenant's failure to comply with any applicable Security Policies and Procedures. The provisions of this Section shall survive the expiration or earlier termination of this Sublease. [Signatures begin on following page] Packet Pg. 176 IN WITNESS WHEREOF, the parties have executed this Sublease as of the Effective Date. WITNESSES: Name: 24,4qetcew AA;v_',z-O I 1 STATE OF ) ss: COUNTY OF LANDLORD: Fort Pflprce FBO, LLC a Florida limited liability company By: Nan Tith BEFORE Mj, the ed authority, personally appeared (Ai'/S k 1�QIY%hff-k as undersi of Fort Pierce FBO, LLC, a Florida limited liability company, who is known to me or proven to me by satisfactory identification, as the person who signed the foregoing instrument, and acknowledged the same on behalf of the limited liability company on this /A�)- day of J 2015, 'Notary F is My Commission Expires: d� -12- MARY JACKOULIN RODRIGUEZ X"V PVbk -State of Fforlda • * CNIM. EXPIM Apr ti.2017 CoNtrf 164M * SE tiiillifi tle�Qel ihfar,A IhNenel flogry Alen. "`" Packet Pg. 177 TENANT: WITNESSES: a Florida limited liability company STATE OF ) ss: COUNTY OF SY, L-H C i e } BEFORE ME, the undersigned authority, ers pally appearedJAMR S l r t �5� as r'zs of �� 7 �i rG YA �7 i-- who is known to me or proven to me by satisfactory identification, the person who signed the foregoing instrument, and acknowledged the same on behalf of the corporation on this day of M AH— N Public My Commission Expires: CATME LEE 8fvtl ofuy Pubk • Wade of Frolida My Comm. #tea Jart 27.2018 CormnkNon r FF 086842 -13- Packet Pg. 178 EXHIBIT A PREMISES Premise Packet Pg. 179 EXHIBIT B ENVIRONMENTAL REQUIREMENTS Tenant shall operate its business on the Property and maintain the Premises (for purposes of this Exhibit Premises includes any improvements thereon) in compliance with all federal, state and local laws, regulations, and requirements relating to the discharge of air pollutants, water pollutants or wastewater or otherwise relating to the environment or "Hazardous Substances" ("Environmental Laws"). The term "Hazardous Substances" means all hazardous or toxic substances, materials or wastes, including but not limited to, those substances identified as "hazardous substances" under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended from time to time; any oil or petroleum products; asbestos, PCBs; and any substances, materials or wastes that are or become regulated under Environmental Laws. Tenant shall make reasonable efforts not to use propane -fueled forklift trucks but if they are used, shall regularly monitor air quality to insure compliance with all applicable health standards. Tenant shall give Landlord prompt written notice of any instituted or threatened action, proceeding or claim alleging a violation of Environmental Laws or Hazardous Substances contamination at or affecting the Property. Tenant shall also give Landlord prompt written notice of any condition or occurrence at the Property which constitutes a violation of Environmental Laws or would justify a demand for removal or remediation under Environmental Laws. Within ten (10) days of request, Tenant shall execute and deliver to Landlord or any prospective landlord or mortgagee a statement certifying: (1) the Hazardous Substances previously used or then in use by Tenant at the Property; (2) that Tenant has obtained and maintained in full force and effect all permits and approvals required under Environmental Laws for the conduct of Tenant's business at the Property and providing copies of those permits and approvals; (3) that Tenant has no notice or knowledge of the presence of Hazardous Substances on the Property that could form the basis for cleanup, remedial, removal or restoration work under Environmental Laws; and (4) such other environmental or related information as reasonably requested. If Tenant breaches its obligations under this Article, or if the presence of Hazardous Substances on the Property caused or permitted by Tenant results in contamination of the Property or increases Landlord's cost of renovating and/or repairing the Property, or if contamination of the Property by Hazardous Substances otherwise occurs for which Tenant is legally responsible, then Tenant shall indemnify, defend and hold Landlord, its officers, directors, shareholders, employees and trustees or its agents harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitations, diminution in value of Property and sums paid in settlement or defense of claims, attorneys' fees, consultant fees and expert fees) which arise before or after the Sublease termination as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitations, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by a federal, state or local government agency or political subdivision or private party. Without limiting the foregoing, if the presence of any Hazardous Substances on the Property caused or permitted by Tenant results in any contamination of the Property, Tenant, at its sole expense, shall promptly take all actions necessary to return the Property to the condition existing prior to the introduction of any such Hazardous Substances to the Property. Landlord shall not cause or intentionally allow the presence of Hazardous Substances in the Premises that would be in violation of Environmental Laws. Landlord agrees to indemnify, defend and hold Tenant, its officers, directors, partners, shareholders, employees and agents harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses which arise from the presence of Hazardous Substances in the Premises if caused by Landlord, its employees, agents or contractors. This indemnification of Tenant by Landlord includes, without limitation, costs in connection with any investigation of site condition on any cleanup, remedial, removal or restoration work required by any federal, state or local government agency or political subdivision or private party. The foregoing indemnity and obligations shall survive the expiration or earlier termination of this Sublease. Landlord and its agents shall have the right, but not the duty, to inspect the Property at any time to determine whether Tenant is complying with the terms of this Sublease. Tenant acknowledges that St. Lucie County conducts an annual Stormwater Inspection and is required to open the Premises for inspection by appropriate personnel. ,: „ Packet Pg. 180 CONSENT OF GROUND MASTER LANDLORD Ground Master Landlord hereby consents to this Sublease and all terms and provisions hereof and represents to Landlord and Tenant that to Ground Master Landlord's actual knowledge (a) the Ground Master Lease is in full force and effect; (b) neither Ground Master Landlord nor Landlord is in default under any of the terms, covenants, or provisions of the Ground Master Lease (it being acknowledged that Landlord operates a full service FBO on the Airport on land covered by a separate ground lease, but that such FBO operation by Landlord satisfies the requirements set forth under the Ground Master Lease); (c) no event has occurred and no condition exists which, with the passage of time or the giving of notice or both, would constitute a default by Ground Master Ground Landlord or Landlord under the Ground Master Lease; (d) the party executing this Consent on behalf of Ground Master Landlord has the authority to consent to this Sublease; and (e) the Ground Master Lease has not been assigned, modified, or amended in any manner, except as follows: Assignment and Assumption of Ground Lease dated January 18, 2011, by and between Master Ground Landlord, Treasure Coast FBO, LLC, as assignor and Landlord, as assignee; Assignment and Assumption Agreement by and between Air Charter of Florida, Inc. and Treasure Coast FBO, LLC recorded May 21, 2008 in O.R. Book 2976, Page 134, Public Records of St. Lucie County, Florida ("Public Records") and Second Amended and Restated Lease Agreement, evidenced by Memorandum of Lease recorded May 21, 2008 in O.R. Book 2976, Page 119 of the Public Records; Amended and Restated Lease Agreement recorded January 27, 2003 in O.R. Book 1648, Page 1857 of the Public Records; and Lease Agreement dated March 12, 1992 by and between Ground Master Landlord, as successor in interest to the St. Lucie County Port and Airport Authority, as landlord and Air Charter of Florida, Inc. recorded March 18, 1992 in O.R. Book 780, Page 2329 of the Public Records. Landlord recognizes this Sublease and agrees that (i) neither Tenant's right of possession to the Premises nor Tenant's rights under this Sublease shall be affected or disturbed by Ground Master Landlord, and (ii) Tenant shall not be deprived of its rights under this Sublease for any reason so long as no event has occurred and then continues to exist for such period of time (after any notice required by this Sublease) as would entitle Landlord to terminate this Sublease. IN WITNESS WHEREOF, Ground Master Landlord has executed this Consent as of this day of 32014. WITNESS: Deputy Clerk in GROUND MASTER LANDLORD: St. Lucie County, Florida By: Name: Title: APPROVED AS TO FORM AND CORRECTNESS Packet Pg. 181 County Attorney STATE OF FLORIDA ) ) ss: COUNTY OF ST. LUCIE ) BEFORE ME, the undersigned authority, personally appeared as Chairman of the Board of County Commissioners, St. Lucie County, a political subdivision of the State of Florida, who is known to me or proven to me by satisfactory identification, the person who signed the foregoing instrument, and acknowledged the same on behalf of the subdivision on this day of , 2010. My Commission Expires: Notary Public IRN Packet Pg. 182 8.M.1 ITEM NO. (ID # 3019) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Barbara Guettler, MSBU Project Manager MSBU Program Jenkins Park/Starcher MSBU DATE 08/18/2015 *CONSENT AGENDA\PUBLIC WORKS On July 7, 2015, the Board approved the Final Assessment Resolution for the Jenkins Park/Starcher MSBU. The attached Interlocal Agreement between the St. Lucie County Board of County Commissioners and the St. Lucie County Tax Collector satisfies the requirements pursuant to Chapter 197.3632 of the Florida Statutes. PREVIOUS ACTION: October 24, 2014 - Approval of Resolution No. 2014-172, the Notice of Intent Resolution April 7, 2015 - Approval of Resolution No. 2015-49, the Initial Assessment Resolution May 19, 2015 - Approval of Resolution No. 2015-85, the Budget Resolution July 7, 2015 - Approval of Resolution No. 2015-109, the Final Assessment Resolution FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board approval of the Interlocal Agreement with the St. Lucie County Tax Collector for the Jenkins Park/Starcher MSBU and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 183 8.M.1 Coordination/Signatures Con West, Public Works Director) 015 Danie 5. McIntyre, Cgifinty ttorney 8/3/2015 Updated: 8/11/2015 12:17 PM by Donna Calise Page 2 Packet Pg. 184 INTERLOCAL AGREEMENT BETWEEN TAX COLLECTOR AND ST. LUCIE COUNTY FOR JENKINS PARK/STARCHER MSBU THIS AGREEMENT is made and entered into this _ day of 2015, by and between the Board of County Commissioners of St. Lucie County, Florida, whose address is 2300 Virginia Avenue, Fort Pierce, Florida (hereinafter referred to as the "County"), and the St. Lucie County Tax Collector, a constitutional officer of the State of Florida, whose address is 2300 Virginia Avenue, Fort Pierce, Florida (hereinafter referred to as "Tax Collector"). WITNESSETH: WHEREAS, the County intends to levy non -ad valorem special assessments against residential properties within the boundaries of the area known as Jenkins Park/Starcher Municipal Services Benefit unit (the "Jenkins Park MSBU"); and WHEREAS, the purpose of the levy is to provide financing of infrastructure to provide potable water and fire protection improvements to the properties within the boundaries of the 'Jenkins Park MSBU"; and WHEREAS, the County is authorized to impose non -ad valorem assessments and by resolution has expressed its intent to use the uniform method of notice, levy, collection and enforcement of such assessments, as authorized by Section 197.3632, Florida Statutes; and WHEREAS, the uniform methodology with its enforcement provisions including the use of tax certificates and tax deeds for enforcing against any delinquencies, is more fair to the delinquent property owner than traditional lien foreclosure methodology; and WHEREAS, the uniform method will provide for more efficiency of collection by virtue of the assessment being on the tax bill issued by the Tax Collector which will produce positive economic benefits to the County; and WHEREAS, the uniform methodology will tend to eliminate confusion and promote local government accountability; and Packet Pg. 185 WHEREAS, Section 197.3632(2), Florida Statutes, provides that the County shall enter into a written agreement with the Tax Collector for reimbursement of necessary administrative costs incurred in implementing said section; and WHEREAS, Section 197.3632(7), Florida Statutes, provides that the County shall bear all costs associated with any separate notice in the event Tax Collector is unable to merge a non -ad valorem assessment roll to produce the annual tax notice; and WHEREAS, Section 197.3632(8)(c), Florida Statutes, provides that the County shall compensate the Tax Collector for actual costs of collection of non -ad valorem assessments. NOW, THEREFORE, for and in consideration of the foregoing, including mutual terms, covenants and conditions herein contained, the parties do contract and agree as follows: ARTICLE 1 RECITATIONS: AUTHORITY This Agreement is entered into pursuant to the Florida Interlocal Cooperation Act of 1969; Sections 163.01 and 197.3632 Florida Statutes (2014). This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous telecommunications, representations, or agreements, either verbal or written between the parties. The above representations are true and correct and incorporated herein. ARTICLE II PURPOSE The purpose of this Agreement is to establish the terms and conditions under which the Tax Collector shall collect and enforce the collection of non -ad valorem assessments levied by the County from time to time to include reimbursement by the County to the Tax Collector for actual costs of collection pursuant to Section 197.3632(8)(c), Florida Statutes; any costs involved in separate mailings because of non - merger of any non -ad valorem assessment roll of the County, pursuant to Section 197.3632(7), Florida Statutes; and for necessary administrative costs, including, but not limited to, those costs associated with personnel, forms, supplies, data processing, computer equipment, postage and programming which attend all of the collection and enforcement duties imposed upon the Tax Collector by the uniform methodology, as 2 Packet Pg. 186 provided in Section 197.3632(2), Florida Statutes. It is the intent of the parties hereto that this Agreement and the terms and conditions hereof shall govern those non -ad valorem assessment programs implemented and maintained by the County for purposes of funding potable water and fire protection improvements to parcels within the Jenkins Park/Starcher Municipal Services Benefit Unit. ARTICLE III TERM The term of this Agreement shall commence on September 15, 2015 and shall run through September 15, 2035 the date of signature of the parties notwithstanding, However, the County shall inform the Tax Collector, as well as the St. Lucie County Property Appraiser (the "Property Appraiser") and the Florida Department of Revenue, by January 10 in any calendar year in which it intends to discontinue use of the uniform method of collecting each such assessment pursuant to Section 197.3632(6), Florida Statutes. ARTICLE IV COMPLIANCE WITH LAWS AND REGULATIONS The parties shall comply with all statutes, rules and regulations pertaining to the levy and collection of non -ad valorem assessments by, and any resolutions promulgated by the County not inconsistent with, nor contrary to, the provisions of Sections 197.3632 and 197.3635, Florida Statutes, or successor statutory provisions and all applicable rules promulgated by the Department of Revenue and their successor rules. This Agreement incorporates the provisions of Section 197.3632, Florida Statutes as they exist on the date of execution hereof and as they may be from time to time hereafter amended or renumbered. ARTICLE V DUTIES AND RESPONSIBILITIES OF THE COUNTY The County agrees, covenants, and contracts to: (A) Provide written notice to the Tax Collector, which notice shall include a certified copy of the Resolution creating the Tenkins Park MSBU. N Packet Pg. 187 (B) Provide the Tax Collector with copies of all other resolutions relating to the Jenkins Park MSBU, including but not limited to any resolution approving a special assessment roll and authorizing a change in the amount of the special assessment levied against any parcel of property within the Jenkins Park MSBU. (C) The County shall, in writing, notify the Tax Collector of the representative(s) authorized to submit a correction on DR Form 409A. The County shall also notify the Tax Collector in writing of the official authorized to submit the factors. (D) The County shall provide the Tax Collector, thirty (30) days prior to presentation of certified rolls, all proposed details regarding yearly billing, prepays, payoffs during term, payoffs after first billing (ie: amortization) and other costs that may be added after prepays. The parties mutually agree to negotiate a format that is acceptable to both parties. The Tax Collector reserves the right to reject the proposed format of the data if it is not compatible with the current collection system and he has not been involved in the development of the format. (E) By September 15 of each calendar year, the County„ acting through an authorized agent thereof, shall officially certify to the Tax Collector the non -ad valorem assessment roll, on compatible electronic medium, tied to the property parcel identification number, and otherwise conforming in format to that contained on the ad valorem tax rolls submitted by the Property Appraiser to the Department of Revenue. The County shall post the non -ad valorem assessment roll and shall exercise its responsibility that such non -ad valorem assessment roll be free of errors and omissions. The County shall inform the Tax Collector, as well as the Property Appraiser and the Department of Revenue by January 10t1i if it intends to discontinue use of the uniform method of collection for the applicable non -ad valorem assessment. (F) Timely reimburse the Tax Collector for actual collection costs incurred pursuant to Section 197.3632, Florida Statutes. (G) Timely reimburse Tax Collector for necessary administrative costs for the collection and enforcement of the applicable non -ad valorem assessment by the Tax Collector pursuant to Section 197.3632(2), Florida Statutes, to include, but not limited to, those costs associated with personnel, forms, supplies, data processing, computer equipment, postage and programming. The parties acknowledge and agree that a good faith estimate of the cost of collection, based on prior experience, exceeds two percent (2%) of the total collection. However, in order to keep costs as low as possible, the Tax Collector agrees to accept two percent (2%) of the collection as his reimbursement. If, due to unusual or extenuating circumstances, the Tax Collector's necessary C! Packet Pg. 188 administration costs of performing the services required by this agreement exceed the usual and expected compensation provided for in this paragraph, the District agrees to pay any additional sums required to fully reimburse the Tax Collector for necessary administrative costs as documented by the Tax Collector. (H) Timely pay for or alternatively to timely reimburse the Tax Collector for any separate tax notice necessitated by the Tax Collector not being able to merge the non -ad valorem assessment roll pursuant to Section 197.3632(7), Florida Statutes. (I) All assessments shall become liens by operation of law as specified in Section 197.122 F.S. ARTICLE VI DUTIES OF THE TAX COLLECTOR The Tax Collector agrees, covenants and contracts to: (A) Merge all rolls, prepare a collection roll and prepare a combined notice for both the ad valorem and non -ad valorem assessments in accordance with Chapter 197, any applicable rules promulgated by the Department of Revenue and in accordance with any specific rules and resolutions adopted by the County, so long as said rules and resolutions shall themselves not be inconsistent with or contrary to the provisions of Chapter 197, specifically Sections 197.3632 and 197.3635, Florida Statutes. (B) Collect the non -ad valorem assessments complying with the provisions of this agreement, and remit the funds to the County on a monthly basis, less the deductions allowed in paragraph G of this agreement. (C) Deposit all collections of special assessments in the same account used for collection of ad valorem taxes; however, the Tax Collector shall provide a statement to the County showing the amount of special assessments collected. (D) If Tax Collector discovers any errors omissions on any roll, request the District to file a corrected roll or the correction of the amount of any assessment by filing with the Tax Collector a certificate of correction with a copy to the Property Appraiser and the Department of Revenue, pursuant to applicable rules provided by the Department of Revenue. Packet Pg. 189 (E) Upon determining that a separate mailing is required pursuant to Section 197.3632(7), Florida Statutes, mail or require the District to mail a separate notice of the particular non -ad valorem assessment. ARTICLE VII MISCELLANEOUS (A) The parties acknowledge that the Tax Collector is entering this agreement without any determination that the County is legally authorized or qualified to collect its non -ad valorem assessments pursuant to Section 197.3632, Florida Statutes. It is understood that it is his ministerial duty and he has no authority to refuse that duty; question compliance with Chapter 197 Florida Statute; determine the legality of the assessment or determine the constitutionality of any lien resulting from nonpayment of the assessment. In recognition of all of the above, the County shall, to the extent permitted by law, indemnify and save harmless and defend the Tax Collector, its agents, servants, and employees from and against any and all claims, liability, losses, or causes of action which may arise from any misconduct, improper action, negligent act or omission of the County, its servants, or employees in the performance of services under this Agreement. (B) Any alteration, variation, modification, extension, renewal, or waiver of the provisions of this Agreement shall be valid only when reduced to writing, duly authorized, and signed by all parties. Any amendment must be entered prior to January 1 of the tax year in which such amendment is to become effective. This Agreement and any amendment shall be filed with the Clerk of the Circuit Court for St. Lucie County, Florida, and shall be effective as of the date of such filing. (C) This Agreement shall continue from year to year unless terminated by either party for any reason, provided, however, that the party desiring to terminate must give written notice of such termination on or before June 30 preceding January 1 of the year the Agreement shall stand terminated. (D) All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified or registered mail, return receipt requested, and addressed as follows: If to the County St. Lucie County Administrator 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 With a copy to: St. Lucie County Attorney 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 n Packet Pg. 190 If to the Tax Collector With a copy to: St. Lucie County Tax Collector St. Lucie County Tax Collector Attorney 2300 Virginia Avenue 2300 Virginia Avenue Fort Pierce, Florida 34982 Fort Pierce, Florida 34982 (E) This Agreement constitutes the entire agreement between the parties with respect to the subject matter, and supersedes all prior oral or written agreements between the parties. (F) This Agreement shall be interpreted as a whole unit, and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. (G) This Agreement has been entered into for the sole benefit and protection of the parties and no other person or entity shall have any right of action under or by reason of this Agreement. (H) This Agreement shall be filed with the Clerk of the Circuit Court of St. Lucie County, Florida, for recording in the public records of the County. (I) In accordance with Section 163.01(11), Florida Statutes, this Agreement shall be deemed effective as of the date of filing with the Clerk of the Circuit Court as provided in subparagraph (H) above. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals and have caused these presents to be signed by their duly authorized officers, the date first above written. ATTEST: ST. LUCIE COUNTY Chair APPROVED AS TO FORM AND CORRECTNESS 91 County Attorney 7 Packet Pg. 191 ATTEST: TAX COLLECTOR OF ST. LUCIFRQUNTY, FLQRIDA By` Z Tax APPROVED AS TO FORM AND CORRECTNESS By--� General Cou se Packet Pg. 192 ITEM NO. (ID # 2940) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Michael Powley, County Engineer Engineering DATE: 08/18/2015 *CONSENT AGENDA\PUBLIC WORKS Bid Award - Indian River Estates Stormwater Improvements Phase II The Indian River Estates (IRE) Phase II project continues the goals of the Phase I pump station built on the corner of Midway Road and Sunset Drive. Phase II replumbs a significant portion of the IRE neighborhood so that gravity drains the neighborhood to the north. The flows towards the pump station are both over land in road side swales and in underground stormwater pipes within the rights -of way of the local neighborhood roads. Although Fountain completed a majority of the project, they did not achieve substantial completion. In January 2015, the County declared Fountain in default and notified Fountain's surety. Our grant from the Federal Emergency Management Administration (FEMA) requires the County to complete construction of this project by December 24, 2015. To that end, we have utilized emergency quote procedures to select four contractors who have worked successfully with us in the past: Johnson -Davis Construction, PRP Construction Group, LLC, Melvin Bush Construction, Inc. and Pav-Co Contracting. At the request of our contractors and to ensure the successful construction of the improvements, we have divided the remaining work in the Indian River Estates neighborhood into a north half and a south half resulting in two projects. Even with this bifurcation, the projects are still so large that Melvin Bush Construction, Inc. and Pav-Co Contracting agreed to join forces and submit one bid together on each of the projects. On July 30 and 31, 2015 quotes were solicited from these firms to complete the Indian River Estates Stormwater Improvements Phase II South Section and North Section, respectively. These projects were bid in accordance to the Local Preference Ordinance No. 09-005. On July 30, 2015, three quotes (from Johnson -Davis, PRP Construction Group, LLC and Melvin Bush Construction, Inc.) for the south section were received. PRP Construction Group, LLC of Martin County is the lowest responsive, responsible bidder in the amount of $1,015,777.40. Please see the attached tabulation. The budget will be established as follows: Packet Pg. 193 8.M.2 Construction $923,434.00 10% Contingency $92,343.40 Total Construction Budget $1,015,777.40 On July 31, 2015, two quotes (from Johnson -Davis and Melvin Bush Construction, Inc.) for the north section were received. Melvin Bush Construction, Inc. of St. Lucie County is the lowest responsive, responsible bidder in the amount of $839,648.70. Please see the attached tabulation. The budget will be established as follows: Construction $763,317.00 10% Contingency $76,331.70 Total Construction Budget $839,648.70 The attached Eighth Amendment to the contract (C10-02-280) with Inwood Consulting Engineers, Inc. in the amount of $199,956.00 is for project certification. Inwood Consulting Engineers, Inc. will be assisting with project certification in order to close-out our permits and our FEMA grant as well as additional tasks, as needed. PREVIOUS ACTION: February 9, 2010 - Board approved contract with Inwood Consulting Engineers, Inc. in the amount of $519,903.50. April 26, 2011 - First Amendment for a time extension executed by the County Administrator. June 21, 2011 - Second Amendment to contract in the amount of $171,332.00. April 3, 2012 - Board approved Federally Funded Sub -Grant Agreement No. 1561-135-R with Florida Department of Emergency Management in the amount of $4,684,610.00 (75% of funding) for Drainage System Upgrades to the Indian River Estates Stormwater Phase II and Resolution No. 12-053. May 1, 2012 - Board approved contract award to Fountain Engineering, Inc. in the amount of $6,552,568.00 for IRE Stormwater Improvements Phase II. June 5, 2012 - Board approval of Work Authorization No. 1 (C-09-08-289) with Dunkelberger Engineering & Testing, Inc. for Construction Engineering and Inspection Services in the amount of $1,269,232.00 Work Authorization No. 6 (C07-07-427) with Ardaman & Associates, Inc. for Geotechnical Testing in the amount of $140,000.00 Amendment No. 4 (C10-02-280) with Inwood Consulting Engineers for Post Design Services in the amount of $42,704.00 for Indian River Estates Stormwater Improvements Phase II, approval of CIP 12-036. January 8, 2014 - First Amendment to Work Authorization 1 with Dunkelberger Engineering & Testing, Inc. and First Amendment to Work Authorization No. 6 with Ardaman & Associates, Inc. for a time extension only executed by the County Administrator. March 14, 2014 - Deductive Change Order from contingency ($90,000.00) executed by the County Updated: 8/10/2015 4:26 PM by Donna Calise C Page 2 Packet Pg. 194 Administrator. April 15, 2014 - Board approved to reallocate $75,000.00 of the contingency fund and Second Amendment to Work Authorization No. 1 (C09-08-289) with Dunkelberger Engineering & Testing, Inc. for Indian River Estates Stormwater Improvements Phase II. September 16, 2014 - Board approved to increase the contract (C09-08-289) by $300,000.00 for a total of $1,644,231.75 funding from reserves for the Third Amendment to Work Authorization No. 1 (C09-08-289) with Dunkelberger Engineering & Testing, Inc. for Indian River Estates Stormwater Improvements Phase II. March 3, 2015 - Board declared an emergency and authorized staff to solicit written quotes from at least three firms to complete the project. Board approved Work Authorization No. 58 with C&T in the amount of $149,585.00 to complete the as -built plans. June 2, 2015 - Board approved contract award to Johnson -Davis, Inc. in the amount of $871,420.00 for completion of the North Section and contract award to PRP Construction in the amount of $1,017,412.00 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 $100,000.00 each. The Board also directed 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 (3) prior extensions). June 16, 2015 - The Board ratified staff's decision to delay issuing Notices to Proceed until the June 16, 2015 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 (2) 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 re -bid the project using procedures under 255.20(1)(c), Florida Statutes with pre -qualified bidders and expediting the bid process (using written quotes). FINANCIAL IMPACT: Sufficient funds are available in County Capital -Transportation Bond (318-4115-563000-093600), Transportation Trust/Local Option (101003-3725-563000-093600), Transportation Trust/Constitutional (101002-3725-563000-093600), and Stormwater Drainage Maintenance MSTU (102001-3725-563000- 093600). RECOMMENDATION: Staff recommends Board approval of contract award to Melvin Bush Construction, Inc. in the amount of $839,648.70 for completion of the North Section and contract award to PRP Construction Group, LLC in the amount of $1,015,777.40 for completion of the South Section of Indian River Estates Stormwater Updated: 8/10/2015 4:26 PM by Donna Calise C Page 3 Packet Pg. 195 8.M.2 Improvements Phase II. Approval of the Eighth Amendment to the contract (C10-02-280) with Inwood Consulting Engineers, Inc. in the amount of $199,956.00 and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures ['on West, Public Works Director of /2015 anie s. McIntyre, C my ttorney 8/7/2015 Updated: 8/10/2015 4:26 PM by Donna Calise C Page 4 Packet Pg. 196 8.M.2.a Project Name: INDIAN RIVER ESTATES STORMWATER IMPROVEMENT PHASE II REPAIR WORK (SOUTH SECTION) Bid No. N/A Project No. 15501 South Section Bid Date: July 30, 2015 PRP Construction Johnson -Davis Mel -Bush` Bid Items Description Units Est. Quantity Unit Price Final Price Unit Price Final Price Unit Price Final Price ITEMS NEEDED FOR SUBSTANTIAL COMPLETION 101-1A Mobilization/Demobilization LS 1.0 $65,000.00 $65,000.00 $112,500.00 $112,500.00 $42,204.00 $42,204.00 102-1A Maintenance of Traffic LS 1.0 $35,000.00 $35,000.00 $15,000.00 $15,000.00 $32,048.00 $32,048.00 104-2A Prevention, Control & Abatement of Erosion & Water Pollution LS 1.0 $23,000.00 $23,000.00 $15,000.00 $15,000.00 $23,900.00 $23,900.00 108-1A As -Built Drawings LS 1.0 $50,000.00 $50,000.00 $55,000.00 $55,000.00 $52,020.00 $52,020.00 108-1B Construction Layout LS 1.0 $47,150.00 $47,150.00 $50,000.00 $50,000.00 $49,364.00 $49,364.00 110-1-1A Selective Clearing & Grubbing LF 21,393.0 $1.50 $32,089.50 $5.00 $106,965.00 $4.25 $90,920.25 120-1A Swale Re -Grading LF 21,393.0 $21.50 $459,949.50 $23.00 $492,039.00 $9.00 $192,537.00 120-1B Embankment TN 25.0 $18.00 $450.00 $60.00 $1,500.00 $11.50 $287.50 524-1-2A Remove & Replace Concrete Ditch Pavement for CS-EASY-1 LS 1.0 $6,000.00 $6,000.00 $8,000.00 $8,000.00 $7,330.00 $7,330.00 570-1-2 Performance Turf (Sod) (Match Existing) SY 47,540.0 $4.25 $202,045.00 $4.00 $190,160.00 $4.00 $190,160.00 999-999R Structure Grate Removal EA 11.0 $250.00 $2,750.00 $800.00 $8,800.00 $350.00 $3,850.00 Total Base Bid (Based on Bid Unit Prices & Estimated Quantities) (% diff of Low Bid) $923,434.00 14.24% $1,054,964.00 $684,620.75 999-99 Construction Contingency Allowance (10% of Base Bid) $92,343.40 $105,496.40 $68,462.08 TOTAL ESTIMATED AMOUNT (Based on Bid Unit Prices, Estimated Quantities and 10% Contingency) $1,015,777.40 $1,160,460.40 $753,082.83 Note: * Please see Attached Page 1 of 1 Packet Pg. 197 8.M.2.b Donna Calise From: Victor Lopez <victor@mbc-inc.com> Sent: Friday, July 31, 2015 11:18 AM To: Michael Harvey Cc: melvinbushconstr@bellsouth.net Subject: RE: Indian River Estates Stormwater Improvement Phase II Repair Work South Section Good Morning Michael, We are withdrawing the South Section Bid. The reason is: Found a Mathematical error, When adding a Bid Item Total at the Base Section. We appreciate your understanding. We will provide a Bid for the North Section. Best Regards, Victor Lopez Estimator Melvin Busch Construction, Inc 2748 SW Casella Street Port St. Lucie, FL 34953 Office: (772) 336-0623 Cell : (772) 216-2187 Email: victor@mbc-inc.com -----Original Message ----- From: Michael Harvey [mailto:harveym@stlucieco.org] Sent: Friday, July 31, 2015 11:11 AM To: 'Melvin Bush Construction' Cc: Johanne Bush; Victor Lopez Subject: RE: Indian River Estates Stormwater Improvement Phase II Repair Work South Section Thank you for the quick response, however I need you to state the reason why you are withdrawing the bid (i.e. The County brought to your attention an outlier unit price and that you reviewed it was and you concluded that E it was in error.) z N 7 There will be no harm and you are still eligible to bid on the North Section, I just need you to state the reason 00 as we will be asked why we are not going to award the project to you. Michael Harvey N Engineer Intern 06 c St. Lucie County Engineering Division E 2300 Virginia Ave., Rm. 229 Fort Pierce, FL 34982 Direct: (772) 462-1717 Main: (772) 462-1707 Fax: (772) 462-2362 Q Email: harveym@stlucieco.org Website: www.stlucieco.org -----Original Message ----- From: Melvin Bush Construction [mailto:melvinbushconstr@bellsouth.net] Sent: Thursday, July 30, 2015 5:04 PM Packet Pg. 198 8.M.2.b To: Michael Harvey Cc: Johanne Bush; victor@mbc-inc.com Subject: Fw: Indian River Estates Stormwater Improvement Phase II Repair Work South Section Mr. Harvey; I am removing my bid for the South Section not North South. Sorry for any inconvenience. Thank You, Mel Bush Melvin Bush Construction, Inc. P(772)336-0623 F(772)336-0488 --- On Thu, 7/30/15, Melvin Bush Construction <melvinbushconstr@bellsouth.net> wrote: > From: Melvin Bush Construction <melvinbushconstr@bellsouth.net> > Subject: Indian River Estates Stormwater Improvement Phase II Repair > Work North South Section > To: harveym@stlucieco.org > Cc: victor@mbc-inc.com > Date: Thursday, July 30, 2015, 4:49 PM > Harvey; > This is to inform you that we are removing our bid for the above > Project. If you have any questions please do not hesitate to call. > Thank You, > Melvin Bush > Melvin Bush Construction, Inc. > P(772)336-o623 > F(772)336-0488 Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. Packet Pg. 199 8.M.2.c Project Name: INDIAN RIVER ESTATES STORMWATER IMPROVEMENT PHASE II REPAIR WORK (NORTH SECTION) Bid No. N/A Project No. 15501 North Section Bid Date: July 31, 2015 Mel -Bush Johnson -Davis PRP Construction* Bid Items Description Units Est. Quantity Unit Price Final Price Unit Price Final Price Unit Price Final Price ITEMS NEEDED FOR SUBSTANTIAL COMPLETION 101-1A Mobilization/Demobilization LS 1.0 $41,915.00 $41,915.00 $80,000.00 $80,000.00 102-1A Maintenance of Traffic LS 1.0 $32,048.00 $32,048.00 $10,000.00 $10,000.00 104-2A Prevention, Control & Abatement of Erosion & Water Pollution LS 1.0 $20,600.00 $20,600.00 $10,000.00 $10,000.00 108-1A As -Built Drawings LS 1.0 $48,542.00 $48,542.00 $50,000.00 $50,000.00 108-1B Construction Layout LS 1.0 $43,614.00 $43,614.00 $45,000.00 $45,000.00 110-1-1A Selective Clearing & Grubbing LF 18,003.0 $5.50 $99,016.50 $5.00 $90,015.00 120-1A Swale Re -Grading LF 18,003.0 $17.00 $306,051.00 $20.00 $360,060.00 120-1B Embankment TN 25.0 $11.50 $287.50 $60.00 $1,500.00 334-1A Asphalt Repair (At Driveway) SY 7.0 $117.00 $819.00 $200.00 $1,400.00 570-1-2 Performance Turf (Sod) (Match Existing) SY 40,006.0 $4.00 $160,024.00 $4.00 $160,024.00 999-9C Removal & Replacement of Concrete Driveway SY 10.0 $60.00 $600.00 $150.00 $1,500.00 999-999R Structure Grate Removal EA 9.0 $350.00 $3,150.00 $800.00 $7,200.00 999-999T Setting Skimmer on S-6002 LS 1.0 $6,650.00 $6,650.00 $3,000.00 $3,000.00 Total Base Bid (Based on Bid Unit Prices & Estimated Quantities) (% diff of Low Bid) $763,317.00 7.39 % $819,699.00 999-99 lConstruction Contingency Allowance (10% of Base Bid) $76,331.70 $81,969.90 TOTAL ESTIMATED AMOUNT (Based on Bid Unit Prices, Estimated Quantities and 10% Contingency) $839,648.70 $901,668.90 Note: * Please see Attached Page 1 of 1 Packet Pg. 200 I 8.M.2.d I Peggy Sheltra, President Office: 772-597-6923 Fax: 772-597-6924 Date: July 31, 2015 Project: NORTH SECTION Dear Sir: 7600 SW Springhaven Ave lndiantown, Florida 34956 "Woman Owned Small Business" Ricky Sheltra, Vice President Cell: 772-214-5208 PRP Construction Group, LLC would like to thank you for the Bid Invite on the North Section for Indian River Estates. At this time we are turning a NO BID. Again thanks for the bid opportunity. Best Regards, Peggy Sheltra Packet Pg. 201 C10-o2-2so 8.M.2.e EIGHTH AMENDMENT TO FEBRUARY 9, 2010 CONTRACT BETWEEN ST. LUCIE COUNTY AND INWOOD CONSULTING ENGINEERS, INC. THIS EIGHTH AMENDMENT, is made and entered into this day of , 2015, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and INWOOD CONSULTING ENGINEERS, INC., or its, or their successors, executors, administrators, and assigns (the "Agency") WHEREAS, on February 9, 2010 the parties entered into a contract to provide Indian River Estates Phase II Design Services; and, WHEREAS, on April 26, 2011, the parties executed the first amendment to the Contract to extend the completion date of the project; and, WHEREAS, on June 21, 2011, the parties executed the second amendment to the Contract to include additional scope of services and compensation; and, WHEREAS, on February 24, 2012, the parties executed the third amendment to the Contract to extend the completion date; and, WHEREAS, on June 5, 2012, the parties executed the fourth amendment to the Contract to include additional scope of services, compensation, and extend the completion date to December 31, 2013; and, WHEREAS, on January 15, 2014, the parties executed the fifth amendment to the Contract to extend the completion date to December 31, 2014; and, WHEREAS, on December 29, 2014, the parties executed the sixth amendment to the Contract to extend the completion date to June 30, 2015; and, WHEREAS, on July 31, 2015 the parties executed the seventh amendment to the Contract to extend the completion date to December 31, 2015; and, WHEREAS, the parties desire to further amend the Contract to include additional scope of services, compensation, and extend the completion date to July 31, 2016. 1 Packet Pg. 202 8.M.2.e C10-o2-2so NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 1, "Services" is amended to add services related to the Indian River Stormwater Improvements Estates Phase II — Florida Department of Emergency Management Project Certification in accordance with the additional scope of work attached as Exhibit "A". 2. The additional Scope of Work in this Amendment shall not exceed $199,956.00 (one hundred ninety-nine thousand nine hundred fifty-six and 00/100 dollars) in accordance with the compensation set forth in Exhibit "B". 3. Paragraph 2. TERM shall be amended to read as follows: 2. TERM The Consultant shall be available to commence services on this contract commencing on February 9, 2010 and continue until July 31, 2016 in accordance with the schedule set forth in Exhibit "C". 4. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Amendment upon the terms and conditions above stated. ATTEST: DEPUTY CLERK WITNESSES: (1) (2) BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY INWOOD CONSULTING ENGINEERS, INC. BY: Print Name: Title: 2 00 c a� E Q 0 0 3 c w ai N r c m E U 0 r r Q Packet Pg. 203 lt)W�i�t� consulting engineers August 03, 2015 Michael Harvey, El Project Manager St. Lucie County Engineering Division 2300 Virginia Avenue Ft. Pierce, Florida 34982 SLC-019 Re: Indian River Estates — Phase 2: Florida Department of Emergency Management Project Certification Proposal Dear Mr. Harvey, Inwood completed final design and plans preparation for the referenced project in October 2011. Since then, the County has bid and let the project for construction. Construction of the designed system is nearing completion and the County desires that Certification of Completion for the project be completed in accordance with the Florida Department of Emergency Management (FDEM) procedures. As the Engineer of Record, Inwood will provide the certification based on As -Built drawings provided by the County which are signed and sealed by a professional land surveyor, registered in the state of Florida. Our tasks and fees to provide the certification include: Task Fee Litigation Support $15,760 Review and Analysis of As -Built Drawings $24,791 Hydrologic & Hydraulic Confirmation $74,052 Site Visits, Observations, and Coordination $35,648 FDEM Summary Memo and Certification Documents $49,705 Total $199,956 Our proposal (see Exhibits A, B, and C) is based on the information we have at this time and will provide the certification required by FDEM. Inwood looks forward to providing these services for the County. If you have any questions, please do not hesitate to call. Very truly yours, Inwood Consulting Engineers, Inc. David G. Coleman, PE Project Manager Packet Pg. 204 8.M.2.e Proposal for Indian River Estates — Phase 2 Exhibit A — Page 1 of 1 FDEM Certification August 03, 2015 EXHIBIT A - SCOPE OF WORK Indian River Estates — Phase 2 FDEM Certification As to Scope of Work: Inwood will perform the following scope of work and engineering services. Progress reports will accompany invoices identifying staff personnel and task worked on each month: 1. Litigation Support Inwood will provide the following general tasks for litigation support: • Provide engineering analysis of alternatives forwarded for mediation. • Perform cost estimating for alternative options. • Coordinate with County and Contractor on various issues and protocol. • Conduct site visits for constructability review. 2. Review and Analysis of As -built Drawings Inwood will review the as -built drawings (as-builts) of the constructed stormwater improvements throughout the project area. As-builts will be provided to Inwood by the County. Inwood will perform a volumetric analysis using the Average End Area Method to identify significant deviations in design stormwater storage (roadside swales) versus as -built stormwater storage. 3. Hydrologic & Hydraulic Confirmation Inwood will use the Inter Connected Pond Routing (ICPR v3) model previously completed by during the design and permitting phase of the project. The previous proposed conditions model will be updated within the improvement areas as necessary to reflect as -built conditions. Model results will be summarized in spreadsheet tables to allow for a comparison of design versus as -built conditions. Model results anticipated to be compared include; Peak Stages, Flows, and Durations of Flooding. 4. Site Visits, Observations and Coordination Inwood will employ qualified staff to make site visits during construction activities and ditch regrading. On average, site visits will be made two (2) times per week. During site visits, visual observations will be recorded via field logs and photographs. It is assumed that any testing and / or survey will be provided by the County. Coordination with the County, Contractor(s) and Florida Department of Emergency Management (FDEM) will be required by Inwood during the course of the project. Coordination efforts will be conducted via email, telephone and meetings. 5. FDEM Summary Memo and Certification Documents Inwood will prepare a technical memorandum summarizing the final as -built conditions of the project as well as complete the required certification documents to apply for Certification of Completion from the Florida Department of Emergency Management. Inwood will serve as the Engineer of Record for the FDEM Certification of Completion. Note: All fees will be invoiced on an hourly basis for the tasks and staff identified on the next sheet. in:�c47?!Iting engineers Packet Pg. 205 8.M.2.e EXHIBIT B - Fee Estimate Name of Project: Indian River Estates - Phase 2 FDEM Certification County: St. Lucie FPN: Contract No.: Consultant Name: Inwood Consulting Engineers, Inc. Consultant No.: SLC-019 Date: August 03, 2015 Estimator: David Coleman Staff Classificationg Projct [7Mnaege,a Chief En sneer Senior En sneer g Project En Engineer Engineer Intern CADD /GIS Designer Clerical / Admin. Env Scientist Survey Tech SH By Activity Salary Cost By Activity Average Rate Per Task '9; OG 516900 $109.00 Sc900 J73.00 $: 0Of1 $67.0 S.JD $000 PHASE 1 - DRAINAGE BASIN STUDY 1. Litigation Support 80 0 0 0 0 0 0 0 0 80 $15,760 $197.00 2. Review and Analysis of As -Built Drawings 40 15 60 0 100 0 8 0 0 223 $24,791 $111.17 3. Hydrologic & Hydraulic Confrmation 80 36 100 200 280 40 4 0 0 740 $74,052 $100.07 4. Site Visits, Observations, and Coordination 54 0 55 25 230 0 0 0 0 364 $35,648 $97.93 5. FDEM Summary Memo and Certification Documents 15 80 100 130 60 42 42 0 50 9 $49,705 $97.65 Totals 2940 4 66 295 325 740 100 54 42 0 1.916 199,956 1 $104.36 Project Manager: David Coleman, PE / Steve Sommerfeldt, PE, CFM Chief Engineer: Co -Co Wu, PE Senior Engineer: Beth Wnikehart, PE / Joshua Spence, PE, CFM Project Engineer: Ashley Bixler, PE, CFM Engineer Intern: Tyler Pierce, El; Nick Troilo, El CADD/GIS: Jeff Jones, Grant Panaccione CADD/GIS Designer: Negin Alimohammadi Clerical: Tasha McGraw Environmental Scientist: Jason Houck, PWS, GISP IRE _FDEM_Cert_StafriourEsf mate.xls Fee Sheet Prime Inwood Subtotal $199,956 FDEM CERTIFICATION TOTAL $199,956 Page 1 of 1 8/32015 4:59 PM Packet Pg. 206 8.M.2.e Proposal For Indian River Estates - Phase 2 Exhibit C FDEM Certification August 03, 2015 EXHIBIT C PROJECT SCHEDULE KEY DATES 1. Phase 2 — FDEM Certification Schedule a. Construction Finished — December 15, 2015 b. Modeling and Memo Preparation Complete — February 15, 2016 c. Submittal to FDEM — March 15, 2016 woo ---consukrng engineers Packet Pg. 207 ITEM NO. (ID # 2997) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Ron Roberts, Solid Waste Director Solid Waste DATE: 08/18/2015 Bid Waiver and Sole Source Determination FY15-16 *CONSENT AGENDA\SOLID WASTE The St. Lucie County Baling & Recycling Facility and the Road & Bridge Division own and operate equipment from the following: Accent Wire - Baling wire machine parts and service Air Compressor Works - Kaeser compressor equipment parts and service Andela - Glass recycling equipment parts and service Craft Equipment Company - American Baler equipment parts and service Econolite Control Products - Traffic signal equipment Environmental Products of Fla. - Litter vacuum parts and service Everglades Equipment - John Deere light equipment parts and service Flagler Equipment - Volvo and Samsung parts and service Great Southern Equipment - Gradall parts and service Kelly Tractor - Caterpillar parts and service Lubo USA - Construction and demolition recycling equipment parts and service Machinex Technologies - Recycling equipment parts and service Menzi USA - Menzi Muck equipment parts and service Nortrax Equipment - John Deere heavy equipment parts and service Pellenc - Optical sorting equipment parts and service Sierra International Machinery - Balers and conveyors parts and service Southern Sewer Equipment Sales - VacCon, Global & Schwarze sweepers Terex - Grinder parts and service Trekker Tractor - Case equipment parts and service Tufco Industrial Flooring, Inc. - Tipping floor repairs All of the parts for the equipment are only available from the licensed dealer of the respective equipment. Per Section 8.1(a)(2); of the Purchasing Manual, if there is only a single source for goods or services, a waiver of formal, sealed bids may be requested. Packet Pg. 208 PREVIOUS ACTION: Since 2004, the Board has annually approved a bid waiver and sole source for purchase of parts and services for specific equipment. FINANCIAL IMPACT: There are sufficient funds in the following accounts: Solid Waste Equipment Maintenance 401-3410- 546000-300 and 401-3410-546100-300, Single Stream Recycling Equipment Maintenance 401-3410- 546000-39011, and Road & Bridge Maintenance/Equipment Maintenance 101002-4110-546000-400. RECOMMENDATION: Staff recommends Board approval of bid waiver and sole source determination for the purchase of parts and service for various heavy and other specialized equipment at Solid Waste & Bridge and authorization for the Chair to execute contracts as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures Ron Robert Wa ector 7/28/2015 anie 5. McIntyre, C my ttorney 8/3/2015 i ! Updated: 8/11/2015 4:47 PM by Donna Calise Page 2 Packet Pg. 209 (9�-S�A=l uol;euluaaa;aa aoanog alog pue aanleM P!8 L66Z) suaao=l aoanog slog :;uauayoejjV 0 N d It r+ d . . Y V R • d JUSTIFICATION FOR SOLE SOURCE PROCUREMENT Based upon the Purchasing Manual, the proposed procurement described below is being procured pursuant to the guidelines on Sole Source Procurement. A good faith review of available sources has been made and there is only one source for the required supply, services or construction item. We propose to procure the following: Parts and service for Wire Tier As sole source procurement from (Name of Company): Accent Wire Contact Name: IMichael Word Phone: 1866-257-1442 The basis for this sole source determination and the reason no other vendor is suitable is: le Source provider for all 470 Wire Tier parts and service. Department/Division Ron Roberts Requested By (Print Authorized Signature d Waste 7/16/15 Date Note: 1. Enter description of goods or services to be procured. 2. Enter name of sole source contracting. 3. Enter the deter nation and basis for sole source procurement. 4. Attach sole soukk letter from vendor and department. 5. Attach proposal r vendor with pricina. \\ 3(pproved (- Disapproved C' Management & BLft6t birebtor Date �unly-4d'rnYiitFia Date 3:FORMSIISOLE SOUR \'INT (91,-54J1=i uolieulwi9i9a aoinoS eloS pue aanleM p!t3 : L66Z) swjo=l aoanoS eloS :ivauayoeiiV N a ACCENTWIRElie THE STRONGEST TIES IN THE INDUSTRY R a June 9, 2015 Mr. Jim Murphy St. Lucie County, FL Dear Jim; Accent Wire, Tomball, TX is the sole source provider for all 470 Wire Tier parts and service. Please contact Michael Word, Accent Service Technician for all Service and Parts. Sincerely, v(kj (� ceAllem Commercial Equipment Manager jallem@accentwire.com Tel: 866-257-1442 Fax: 215-799-0207 Cell: 215-872-8198 10131 FM 2920 1 Tomball, Texas 77375 ( www.accentwire.com 866-257-1442 1 Mobile 215-872-8198 1 Email: jallem@accentwire.com (9�-S�A=l uol;euiwi9j90 aoanog alog pue aanleM p!8 : L66Z) suaao=l aoanog slog :;uauayoejjV N N a d d Y V R • R I D A d JUSTIFICATION FOR SOLE SOURCE PROCUREMENT Based upon the Purchasing Manual, the proposed procurement described below is being procured pursuant to the guidelines on Sole Source Procurement. A good faith review of available sources has been made and there is only one source for the required supply, services or construction item. We propose to procure the following: Preventative maintenance on a Kaeser compressor and related dryer at the Single Stream Recycling Processing Facility. As sole source procurement from (Name of Company): Air Compressor Works, Inc. Contact Name: lWayne Holtzclaw Phone: 561-844-4559 The basis for this sole source determination and the reason no other vendor is suitable is: Air Compressor Works, Inc. is the only authorized distributor in southern Florida. They are responsible for providing sales, service, warranty work and customer support for Kaeser Compressors products. Department/Division Ron Roberts Requested By (P ame) Authorized Signature Solid Waste 7/16/15 Date Note: 1. Enter description of goods or services to be procured. 2. Enter name of sole source contracting. 3. Enter the determination and basis for sole source procurement. 4. Attach sole source letter from vendor and department. 5. Attach proposal from vendor with Dricina. proved (' ManagenWt & County/Admin G:FORMSIISOLE SOURCEWNT Disapproved r Date —al�011s Date (9�-s4A=i uol;eulwi9i9a aoinoS eloS pue aanleM p!8 : L66Z) sulao=l aoanoS eloS :;uaulyoe;;V Kaeser Compressors, Inc. P.O. Box 946 Fredericksburg, VA 22404 USA Phone 540-898-5500 Fax 540-898-5520 www.kaeser.corre June 11, 2015 St. Lucie County 6120 Glades Cutoff Rd. Fort Pierce, FL 34981 Attn: Justin Gattusso Subject: Kaeser Compressors Authorized Distributor Dear Justin, w • Built for a lifetime:" Please accept this statement of acknowledgment that Air Compressor Works is Kaeser Compressors only authorized distributor covering territory in southeast Florida, including the City of Miramar. As a distributor, Air Compressor Works is responsible for providing sales, service, warranty work, and customer support for Kaeser Compressors products. Mr. Gattuso, we appreciate your interest in Kaeser products through our partner Air Compressor Works. Please let me know if I can be of further assistance in the future. With best regards, D. Patrick Reilly National Sales Manager - Compressors M N 6) a d V M a (96-56A=l uol;euiwi9j90 aoanoS aloS pue JOAleM p!8 L66Z) suaao=l aoanoS aloS :1uauayoe11V N d r+ �CO(JNTY Y V • R I D A R d JUSTIFICATION FOR SOLE SOURCE PROCUREMENT Based upon the Purchasing Manual, the proposed procurement described below is being procured pursuant to the guidelines on Sole Source Procurement. A good faith review of available sources has been made and there is only one source for the required supply, services or construction item. We propose to procure the following: Parts and service for the glass pulverizer system As sole source procurement from (Name of Company): Contact Name: ICynthia Andela Andela Phone: 315-858-0055 The basis for this sole source determination and the reason no other vendor is suitable is: Manufacturer and sole supplier of the glass pulverizer system installed at Solid Waste. Maintenance parts are exclusively provided by Andela. Department/Division Ron Roberts Requested By (Print Authorized Signature Solid Waste 1-21-15 Date Note: 1. Enter description of goods or services to be procured. 2. Enter name of sole source contracting. 3. Enter the determination and basis for sole source procurement. 4. Attach sole source letter from vendor and department. 5. Attach oroaosal from vendor with pricing. Manage nt & dgO Cou l Admi stra or G:FORMSMSOLE SOURCEWNT roved C Disapproved r D7/7//J- Date (9�-s4A=i uo!;eu!uaaa;aa aoanoS a!oS pue aaA!eM P!8 : L66Z) suaao=l aoanoS a!oS :;uauayoe;;V a�, o °A ND July 18, 2015 493 State Route 28 • Richfield Springs, NY • PHONE: (315) 858-0055 • FAX: (315) 858-2669 website:www.andelaproducts.com email: into@andelaproducts.com St. Lucie County Solid Waste 6120 Glades Cut -Off Rd. Ft. Pierce FL 34981 To Whom It May Concern, Andela Products is the manufacturer and sole supplier of the glass pulverizer system installed at the St. Lucie County Solid Waste Facility. This system includes out patented technology for pulverizing glass. Maintenance parts are exclusively provided by Andela Products to insure the continued perfonnance of the system and to ensure proper warranty protection. Thank you, Cynthia Andela __ President LO N 6 a m M a (9�-56A=j uol;euiwi9j90 aoanog alog pue JOAleM P!8 : L66Z) suaao=l aoanog alog :;uauayoejjV JUSTIFICATION FOR SOLE SOURCE PROCUREMENT Based upon the Purchasing Manual, the proposed procurement described below is being procured pursuant to the guidelines on Sole Source Procurement. A good faith review of available sources has been made and there is only one source for the required supply, services or construction item. We propose to procure the following: Parts and service associated with the single stream Recycling Facility pertaining to the material handler equipment, waste reduction equipment, balers. As sole source procurement from (Name of Company): Craft Equipment Company Contact Name: IDonald L. Mays, Jr. Phone: 800-888-4971 The basis for this sole source determination and the reason no other vendor is suitable is: Craft is the only authorized dealer for the American Baler Company in the State of Florida. Department/DivisionSolid Waste Ron Roberts Requested By P " me) Authorized Signature 7-21-15 Date Note: 1. Enter description of goods or services to be procured. 2. Enter name of sole source contracting. 3. Enter the determination and basis for sole source procurement. 4. Attach sole source letter from ven or and department. p 5. Attach opos4l from vendor wit�ricing. Manage nt & B get " ec\pr CotSMSOLE Admin strator C SOURCEAINT Disapproved (- Date Date (9l,-51•A=j uol;euiwi9j90 aoJnog alog pue JanleM p!8 : L66Z) suaao=l aoJnog agog :;uauayoejjV ♦r I craft EQUIPMENT COMPANY July 16, 2015 Jaynes A. Murphy Parts and Inventory Specialist St. Lucie Co. BOCC Solid Waste 6120 Glades Cut -Off Road Ft. Pierce, FL 34981 Dear Mr. Murphy: As per our telephone conversation Craft Equipment Company is the only authorized Dea ler for American Baler Company in the state of Florida. Our technicians are factory trained to support the equipment and we have local parts inventory. Please feel free to contact us at 800 888 4971 to answer our questions. Sincerely, L nald L. Mays Jr. President 1820 Massaro Blvd, Suite 100, Tampa, Florida 33619 Tr 800.888.4971 P 813.621.4971 i 813.622.795E www.craftequip.com (9�-S�A=l uol;euiwi9j90 aoanoS aloS pue JOAleM p!8 L66Z) swjo=l aoanoS aloS :;uawt43ejjV 00 N d d Y V R MOM- d JUSTIFICATION FOR SOLE SOURCE PROCUREMENT Based upon the Purchasing Manual, the proposed procurement described below is being procured pursuant to the guidelines on Sole Source Procurement. A good faith review of available sources has been made and there is only one source for the required supply, services or construction item. We propose to procure the following: Parts and Software for Traffic Signals As sole source procurement from (Name of Company): jEconolite Contact Name: (Matt Joseph Phone: 1904-334-5891 The basis for this sole source determination and the reason no other vendor is suitable is: Econolite Inc., supplies all parts and software for the operation of traffic signals at all the St Lucie County maintained intersections. Department/Division RA S Requested By (Print Nam ) Authorized Signatur FL3 eo-%c "oRK.S1Q,0A,!J � ?W-d CXgE. 'DIV *101 t co .a� • s Date Note: 1. Enter description of goods or services to be procured. 2. Enter name of sole source contracting. 3. Enter the determination and basis for sole source procurement. 4. Attach sole source lett from vendor and department. 5. Attach proposal from v ndor with pricinq. roved C \NL Manag G:FORMSMOLE SOURCEWNT Disapproved C Date 9 Date (9�-s4A=i uo!ieu!uaaaiaa aoinoS a!oS pue aan!eM P!8 : L66Z) swjo=l aoanoS a!oS :ivauayoeiiV Figi M a. ECONOLITE ....., M a. To: St. Lucie County From: Matt Joseph/Account Manager Econolite Control Products, Inc. Date: 06/17/2015 Re: Sole Source To whom it may concern, This letter is to verify that Econolite Control Products, Inc. Located at PO Box 550897 Jacksonville, Florida 32255 is the sole provider and manufacturer of any and all, "Econolite" products in the state of Florida. This would include cabinets (TS1 and TS2), Controllers, Suitcase Testers, CentracsTm, ARIESTO and icons Tmsoftware, AutoscopeT"^ video detection, Econolite Signals, BIU's, Load Switches, Power Supplies and any other products with the EconoliteT" name. This also includes any products or licensing that would be associated with Econolite proprietary products. Example: ARIEST"' software upgrades can only be purchased through Econolite as the software is registered, trademarked and distributed only by Econolite. Econolite is the manufacturer and sole distributor of AutoscopeTM products in the United States. If you have any questions concerning this matter, please feel free to contact me at (904) 334-5891. We appreciate the opportunity for your business! Thank You, -MOO-T YIO-.)IT4 Matt Joseph Econolite Control Products, Inc. Florida Account Manager HEC®NOLITE CL- 15 EGCINOLITE Cat��ransrsis ��1�;'orr�n �d'�"c�'1 !a_ ,. ,n,jii_. FI ;c'14 (96-56A=l uol;euiwi9j90 aoanoS aloS pue JOAleM p!8 L66Z) suaao=l aoanoS aloS :1uauayoe11V 0 N N a d r � Y V R • d JUSTIFICATION FOR SOLE SOURCE PROCUREMENT Based upon the Purchasing Manual, the proposed procurement described below is being procured pursuant to the guidelines on Sole Source Procurement. A good faith review of available sources has been made and there is only one source for the required supply, services or construction item. We propose to procure the following: Equipment, parts and warranty of litter vacuum. As sole source procurement from (Name of Company) Contact Name: jBen Del Nigro Environmental Products of Florida Phone: 514-458-1097 The basis for this sole source determination and the reason no other vendor is suitable is: sve distributor for parts and service of LitterVac, MadVac, Exprolink machinery and equipment. Department/Division ISolid Waste Ron Roberts Requested By (Pr' ame) Authorized Signature 7/16/15 Date Note: 1. Enter description of goods or services to be procured. 2. Enter name of sole source contracting. 3. Enter the determination and basis for sole source procurement. 4. At sole source letter from vendor and department. 5. Attach proposal from vendor with pricino. \%Aylproved , C4 Manage nt Budget ir�ctor /, Couo A stra o G: ORMSIISOLE SOURCEIINT Disapproved f Date 7� Date (9l,-94J1=i uo!;eu!uaaa;aa aoanoS e!oS pue aan!eM P!El : L66Z) suaao=l aoanoS e!oS :;uauayoe;;V A Vlobb: ex vc,mp�arr. 9-Feb-2015 To Whom It May Concern: We hereby certify that Environmental Products of Florida/Georgia/Caribbean (EPOFL) is the exclusive distributor of the complete line of Exprolink Madvac Models such as the; LN50, LR50 and LR100 Litter Vacuum Collectors (previously 101D/231D), PS300 Compact Pedestrian Sweeper, LP61 Portable Litter Vacuum Collector, and LS100 Compact Sweepers, as well as all spare parts and service of the machines for the state of Florida, Georgia and the Caribbean. In the above -mentioned capacity, Environmental Products of Florida/Georgia/Caribbean (EPOFL) has the obligation and authority to quote, accept orders for our equipment/parts, provide start-up, warranty and after sales service. All courtesy and consideration extended to Environmental. Products of Florida/Georgia/Caribbean (EPOFL) in the above capacity is appreciated. Should you require any additional information, please do not hesitate to contact me. Kind regards, Ben Del Nigro Regional Sales Manager T.1-514-458-1097 E. ben@exprolink.com Woufiawratand .Ol tributor: r N N 6 a m M a (91,-94A=i uol;euluaaa;aa aoinoS eloS pue aanleM p!8 : L66Z) swjo=l aoanoS eloS :;uauayoe;;V FC14 COUNTY F L O R I D A JUSTIFICATION FOR SOLE SOURCE PROCUREMENT Based upon the Purchasing Manual, the proposed procurement described below is being procured pursuant to the guidelines on Sole Source Procurement. A good faith review of available sources has been made and there is only one source for the required supply, services or construction item. We propose to procure the following: Replacement parts and or repairs as needed on our John Deere "light' equipment to keep them in good working order As sole source procurement from (Name of Company) Contact Name: (Mitchel Burney Everglades Farm Equipment Co., Inc. Phone: 1772-461-5568 The basis for this sole source determination and the reason no other vendor is suitable is: Everglades Farm Equipment Co., Inc. is the sole provider of John Deere "Light' Equipment parts and specialized mechanics for service in our local area. Department/Division Requested By (Print Nam ) Authorized Signature Public Works, Road & Bridge Divisison (oo aq - is Date Note: 1. Enter description of goods or services to be procured. 2. Enter name of sole source contracting. 3. Enter the deter `ination and basis for sole source procurement. 4. Attach sole sour a letter from vendor and department. 5. Attach proposal f m vendor with pricing. Approved C' Disapproved 6L Managerryent & udget ector Date r Coun Adm' traYd Date G:FORMS\\SOLE SOURCE\\INT (9l,-56A=I uol;euiwi9j90 aoJnog alog pue JaA1eM p!EI : L66Z) swjo=l aoJnog slog :;uawttoejjV 6150 Orange Ave. Ft. Pierce, FL 34947 (772) 461-5568 (772) 466-0735 Facsimile s St. Lucie County To whom it may concern, June 11, 2015 Everglades Farm Equipment Company of Fort Pierce, FI is an authorized John Deere Dealer responsible for the sales and service of John Deere Company Ag and Turf products including utility vehicles, commercial type mowers and compact tractors under 80 hp through large Ag tractors in the following counties: Brevard County Martin County Indian River County St. Lucie County As an authorized independent dealer for John Deere Company, Everglades Farm Equipment Company maintains an inventory of genuine John Deere parts and a staff of factory trained technicians responsible for providing parts and service for the users of John Deere equipment. Other parts suppliers will sometimes represent themselves as having available "will fit' parts that will work on or fit John Deere products. Genuine John Deere parts are sold exclusively through authorized John Deere Dealers. If there are any addition questions, I can be reached through email at mburney@everp,ladesfarmeguipment.com or by phone at (772) 201-7741. Respectfully, Mitch Burney Site Manager, Government Sales (772) 201-7741 JOHN DEERE (9�-S; •A=j uol;euiwi9j90 aoanog aloS pue JOAleM p!8 : L66Z) suaao=l aoanog aloS :1uauayoe11V Fc"-*M,, COUNTY F L O R I D A JUSTIFICATION FOR SOLE SOURCE PROCUREMENT Based upon the Purchasing Manual, the proposed procurement described below is being procured pursuant to the guidelines on Sole Source Procurement. A good faith review of available sources has been made and there is only one source for the required supply, services or construction item. We propose to procure the following: Replacement parts and or repairs as needed on the Volvo Construction Equipment As sole source procurement from (Name of Company): IFlagler Construction Equipment Contact Name: IPat Burns Phone: 407-850-9614 The basis for this sole source determination and the reason no other vendor is suitable is: Flagler Construction Equipment is the only authorized dealer in the State of Florida for replacement parts and service on Volvo Construction equipment in the State of Florida. This sole source will be used by Road & Bridge and Solid Waste. Department/Division Requested By,(Print Name) Authorized Signature R.�e"C' V\,C?-IKS -W-CAU> k-e--V-tcC-tE-L)lV lsiaN (0 •a,G • IS Date Note: 1. Enter description of goods or servic-&-.)to be procured. 2. Enter name of sole source contracting. 3. Enter the determination and basis for sole source procurement. 4. Attach sole source letter from vendor and department. 5. Attach proposal from vendor with pricing, pp ved C Disapproved C Managem t & BAget Di r D:�17 ///6— Co:t�ydrn)r�ato\r—f ate G:FLE SOURGEUWT (9t-s4A=i uo!;eu!uaaa;aa aoinoS a!oS pue aan!eM P!8 : L66Z) suaao=l aoanoS a!oS :;uauayoe;;V Flagler Construction Equipment, LLC y 9601 Boggy Creek Road Orlando, FL 32824 407-850-9614 Fax 407-850-0823 June 26, 2015 1 am pleased to inform you that Flagler Construction Equipment LLC is the authorized dealer in the state of Florida for the following manufacturers which are supported by Volvo Construction Equipment, Akerman Excavators Samsung Loaders/Excavators Volvo Construction Equipment Volvo Motor Graders Zettlemeyer Loaders Thank you Pat Burns Parts/Inventory Manager LO N N 6) a m M a (9�-S�A=l uol;euluaaa;aa aoanog alog pue aanleM P!8 L66Z) suaao=l aoanog alog :;uauayoejjV co N N r+ d V R • d JUSTIFICATION FOR SOLE SOURCE PROCUREMENT Based upon the Purchasing Manual, the proposed procurement described below is being procured pursuant to the guidelines on Sole Source Procurement. A good faith review of available sources has been made and there is only one source for the required supply, services or construction item. We propose to procure the following: Replacement parts and or repairs as needed "Gradall" equipment to keep them in good working order. As sole source procurement from (Name of Company): Great Southern Equipment Co. Contact Name: IMark D. Allison Phone: 954-327-8808 The basis for this sole source determination and the reason no other vendor is suitable is: Great Southern Equipment Co., is the sole provider of "Gradall" equipment parts and service in South Florida Department/Division S>IVQ1 Requested By (Print Nam ) Authorized SignatuAv Public Works, Road & Bridge Divisison Co 02�9.0 15 Date Note: I . Enter description of goods or services to be procured. 2. Enter name of sole source contracting. 3. Enter the determination an basis for sole source procurement. 4. Attach sole source letter frgm vendor and department. 5. Attach proposal from vend r with pricing. Ap oved C' V Mana Cou Disapproved C Dat/e/ Date (9�-S�A=j uo!;euiwi9;90 aoJnoS a!oS pue JOA!eM p!8 : L66Z) suaao=l aoJnoS a!oS :;uau,u43ejjV 6RApwLL° GRADALL INDUSTRIES, I N C. June 16, 2015 Mark D. Allison Southeast District Sales Manager Cell Phone 540-819-6638 Gradall Industries, Inc 177 East Arrowhead Court e-mail: mdailison@gradall.com Troutville, VA 24175 St. Lucie County Attention: Tammy Murphy: By my signature on this letter I certify that Great Southern Construction Equipment Company is the sole factory authorized Gradall Hydraulic Excavator dealer to provide machine and parts sales and service in St. Lucie County in the State of Florida. Their local branch located at 1010 NW 151h Ave., Pompano Beach, Florida 33069 covers the counties of Monroe, Miami -Dade, Palm Beach, Martin, Saint Lucie, Indian River, and Okeechobee. If you have any questions or need further information please do not hesitate to contact me. Thank you, Mark D. Allison Southeast District Sales Manager Gradall Industries, Inc. Cc: File 4W Mill Avenue SW. New Philadelphia, Ohio 44663 • Telephone 330.339.2211 • Fax 330.339.8468 • ww­w.gradall.iom (96-56A=j uol;euiwi9j90 aoanog alog pue JOAleM P!8 L66Z) suaao=l aoanog alog :;uauayoejjV 00 N N a d j - Y d JUSTIFICATION FOR SOLE SOURCE PROCUREMENT Based upon the Purchasing Manual, the proposed procurement described below is being procured pursuant to the guidelines on Sole Source Procurement. A good faith review of available sources has been made and there is only one source for the required supply, services or construction item. We propose to procure the following: Replacement parts and or repairs as needed on our Caterpillar Equipment in the State of Florida As sole source procurement from (Name of Company): lKelly Tractor Co. Contact Name: IGary Conklin Phone: 561-683-1231 The basis for this sole source determination and the reason no other vendor is suitable is: Kelly Tractor is the only authorized dealer in this region for Caterpillar equipment . This sole source will be used by Solid Waste and Road & Bridge. Department/Division rD�S2A �P LVgN Requested By (Print Nam ) Authorized Signatu Public Works, Road & Bridge Divisison 60•Z9-15 Date Note: 1. Enter description of goods or services to be procured. 2. Enter name of sole source contracting. 3. Enter the determination and basis or sole source procurement. 4. Attach sole source letter from v99dor and department. 5. Attach proposafgrom vendor vAh pricing. Manaaement & Cou �•• • -• a �x SOURCEWNT Disapproved C' Da;,1711j— bate (9i,-s4A=i uo!;eu!ua.ta;aa aoanoS a!oS pue aaA!eM p!8 : L66Z) sutao=l aoanoS a!oS :;uauayoe;;V N N 6 a lie Kelly Tractor Co. serving the industry Since 1933 www1ettytractnr.tam d June 9, 2015 St. Lucie County Board Of Commissioners 2300 Virginia Ave. Fort Pierce F134982-5652 Kelly Tractor is the authorized Caterpillar Dealer for Caterpillar machines, parts and service for St. Lucie County. As an Authorized Caterpillar distributor, Kelly Tractor maintains an inventory of replacement parts and a staff of factory -trained technicians to provide support and services to users of Caterpillar products. Although, on occasion, other parts suppliers attempt to represent themselves as genuine Caterpillar parts suppliers, please know that Caterpillar parts are sold exclusively through authorized Caterpillar dealers and distributors. If you have any questions or concerns, please feel free to contact me. Sincerely, Gary Conklin Service Manager Kelly Tractor Co. West Palm Beach, FL 33417 561-683-1231 ext130 Link _ BARBER (1 ? v %C<E� A1Asssr a6acus0na su®'A. � BREI �.a G ""Nd Davis Wast F.I. B-1, Claw1a19n Na91as Fon Myan Punta Gorda Ohando(D*+.,Only) 8255 NW 5a SUeal 260, R. Rd G48D Oswadlobae MO. SO E SUpad4 d Hxy 5780511day Slraal 9851144sy TIACI& C'. 0241 Festal Clive 173M E COMM Dr. mwl. FL33165 D.I.. FI 33314 W. Palm Shc, F135411 riehistm. FL 53410 Nabs FL 341D9 FortaAyva. FL 3390.i F1.nia Grade. FL 33950 Odando. F1 a2820 (305)592.53a0 (9511581-01et tsw)ba3�1231 (a63)M4177 (941)593-3933 1941)693.9233 (941)s3s-7772 (a071 Sab-0055 FAX (306) 477.2024 FAX t9S4) 5818464 FAX (WI) 683ASSI FAX (563) 902-f000 FAN (941) 5433435 FAX [941) 693d676 FAR (941) 5.17-9924 FAX (407) 569•T701 (9t-S�A=l uol;euluaaa;aa aoanog alog pue aanleM P!8 L66Z) suaao=l aoanog slog :;uauayoe11V 0 M N a d r+ _ _ y Y V R • R I D A (L JUSTIFICATION FOR SOLE SOURCE PROCUREMENT Based upon the Purchasing Manual, the proposed procurement described below is being procured pursuant to the guidelines on Sole Source Procurement. A good faith review of available sources has been made and there is only one source for the required supply, services or construction item. We propose to procure the following: Parts and Services for recycling system As sole source procurement from (Name of Company): ILUBO, USA Contact Name: jErik Eenkema van Dijk Phone: 203-967-1140 The basis for this sole source determination and the reason no other vendor is suitable is: BO, USA is the only authorized dealer for hte construction and demolition recycling equipment. Department/Division Solid Waste Ron Roberts Requested By nt Name) 7:�� 7/16/15 Authorized Signature Date Note: 1. Enter description of goods or services to be procured. 2. Enter name of sole source contracting. 3. Enter the determination and basis for sole source procurement. 4. Attach sole source letter frorp vendor and department. 5. Attach proposal from vendotwith pricing. Management & M&MLE roved C Disapproved C et, ' ctor Date ate (9L-S�A=l uol;euiwi9j90 aoanog alog pue aaA!eM P!8 : L66Z) swjo=l aoanog slog :;uawtloejjV 0 June 10, 2015 Mr. James Murphy St. Lucie County Solid Waste 6120 Glades Cut off Road Fort Pierce, FL 34981 Dear James: This letter is to confirm that Lubo USA, LLC. is the exclusive North American distributor and representative for sales, service and parts for Lubo Screening & Recycling Systems. Sincerely, Erik H. Eenkema van Dijk Executive Vice President Exclusive US and Canadian distributor of LOBO and TiTech recycling equipment Main Office: Lubo USA, LLC • 78 Halloween Blvd., Stamford, CT 06902 • Tel: (203)967-1140 • Fax: (203) 967-1199 info@lubouso.com • wwwlubouso.com Stamford, CT • Chicago, IL • Torrance, CA • Houston, TX • Toronto, Ontario (96-56A=j uol;euiwi9j90 aoanoS aloS pue JOAleM p!8 L66Z) swjo=l aoanoS aloS :1uawt43e11V N M N a (L r+ iCOUNTY Y R • R I • Ad JUSTIFICATION FOR SOLE SOURCE PROCUREMENT Based upon the Purchasing Manual, the proposed procurement described below is being procured pursuant to the guidelines on Sole Source Procurement. A good faith review of available sources has been made and there is only one source for the required supply, services or construction item. We propose to procure the following: Replacement parts and service for the Single Stream processing equipment As sole source procurement from (Name of Company): Machinex Contact Name: lRusty Angel Phone: 336-665-2773 The basis for this sole source determination and the reason no other vendor is suitable is: Machinex is the only provider for the recycling equipment that is used in the Single Stream Recycling Processing Facility. Department/Division Solid Waste Ron Roberts Requested By P ' t Name) 7/16/15 Authorized Signature Date Note: 1. Enter description of goods or services to be procured. 2. Enter name of sole source contracting. 3. Enter the determination and basis for sole source procurement. 4. Attach sole source letter from vendor and department. 5. ,Attach oro'bosal from vendor with pricing. Approved C Management & 1�dg it c r :.;0RtMS\\S0LE ty inis r for SOURCE T Disapproved f Date R71A Date (9l,-5;6A=I uol1euiwi9190 aoJnoS aloS pue JanleM P!8 : L66Z) swjo=l aoJnoS agog :;uauayoe11V Fccmi), Im d r+ d Y V R d MACHINEX Plessisville, July 2"d, 2015 James A. Murphy St. Lucie Co. BOCC Solid Waste 6120 Glades Cut-off Road Fort. Pierce, FL 34981 Phone: 772-462-1646 Obiect : Sole Source Letter to: St -Lucie Coun To whom it may concern, This letter is to confirm that Machinex Technologies Inc. is a sole source provider for all the products manufactured, sold and distributed by Machinex Group which includes those companies : Machinex Technologies Inc. (USA), Machinex Recycling Services (Canada), Industries Machinex (head office, design and manufacturing). The Machinex products represent a package of materials including custom designed equipment, remote systems and integrated programming. We hold registered trademark and/or patent rights for some of our equipment such as: Mach One separator, Mach Motion Floor, Single Ram Baler. No other company makes similar products to fit on Machinex recycling systems and we have never authorized their use for commercial purposes by any other firm. We offer customers unique functionality and proprietary components in our products, coupled with superior maintenance and supporting services. To know more about Machinex products and services, you can visit our web site at www.machinexrecycling.com MACHINEX TECHNOLOGIES INC. By: .r: i David Marco iller, Project Director MACHINEX TECHNOLOGIES INC. 716 Galllmore Dairy Road, Suite 103, High Point, NC 27265 USA Tel.: (336) 899-8514 1 info@machinex.ca I www.machinextechnologies.com (9�-S�A=j uol;euiwi9j90 aoanog alog pue aanleM P!8 : L66Z) swjo=l aoanog slog :;uawt43ejjV M N d r+ d Y V • R I D A M d JUSTIFICATION FOR SOLE SOURCE PROCUREMENT Based upon the Purchasing Manual, the proposed procurement described below is being procured pursuant to the guidelines on Sole Source Procurement. A good faith review of available sources has been made and there is only one source for the required supply, services or construction item. We propose to procure the following: and Service done to the Menzi equipment As sole source procurement from (Name of Company): IMenzi USA Contact Name: jPaul Meadows Phone: 863-601-7979 The basis for this sole source determination and the reason no other vendor is suitable is: Menzi, USA is the sole provider of any and all Menzi Muck equipment parts as well as providing ,pecially trained mechanics for this equipment in the State of Florida. Department/Division Requested By (Print Na e) Authorized Sig Public Works, Road & Bridge (D-aQ•�s Date Note: 1. Enter description of goods o7 services to be procured. 2. Enter name of sole source contracting. 3. Enter the determination and basis for sole source procurement. 4. Attach sole source letter from vendor and department. 5. Attach propoeal from vendor with pricing. Approved C Management Tu d gk t Di'rectu SOURC Disapproved C Date �r Date (96-56A=l uo!}eu!wja;a(3 aoinog a!og pue.taA!eM P!8 : L66Z) swao=l aoanog a!og :;uewtaoe;;V I SSi) I auhallk SIrvo Lahilan[t, I I '139D5 Lai Sr. i.nu;-7�1X' Menzi USA Sales, Inc. ,Illnc 11, 2015 St. 1.neic C'nullri 2300 Virginia Avenuc l t. Pierce. Fl_ 34982-Sb?" Rcler-cnce: "Snit Sumer 01-M-ihutor" This letter is to confirm that Mviiii 1 SA Sales. Inc. is the "Suit Source di;lributor 601, Melvi Muck L:acaxatols. parts 111d service and in tlic l Initcd State;. •i•hcrr 0rc nu ullwr dealerships in Florida. ShOLIld YOU have any (Ine,;(low. pl4asc call 1-800-2.17-3789. r i'aul 6. N'Icadu�xs---=—�� — Me%%r Muck /I // Terrain Excavators . . . . . . . . . . . . . . . . . . . . . . . . . . . . rO M N 6) a m V m a (96-56A=j uol;euluaaa;aa aoanoS aloS pue JOAleM P!8 : L66Z) suaao=l aoanoS aloS :;uauayoejjV JUSTIFICATION FOR SOLE SOURCE PROCUREMENT Based upon the Purchasing Manual, the proposed procurement described below is being procured pursuant to the guidelines on Sale Source Procurement. A good faith review of available sources has been made and there is only one source for the required supply, services or construction item. We propose to procure the following: lacement parts and or repairs as needed on our John Deere "Heavy " Equipment to keep them in ;inq order As sole source procurement from (Name of Company): Nortrax Contact Name: lBen Fair Phone: 1561-848-6618 The basis for this sole source determination and the reason no other vendor is suitable is: Nortrax is the sole provideer of John Deere "Heavy" Equipment parts and specialized mechanics for our local service area . Department/Division `Requested By (Print Name) Authorized Signatu F'0SLtc Wo fzKS foam L IDC(9,�DIv Ir 10N CD GQ _ Is Date Note: 1. Enter description of goods or services to be procured. 2. Enter name of sole source contracting. 3. Enter the determination and basis for sole source procurement. 4. Attach sole source letter from vendor and department, 5. Attach propQsakfrom vendor with pricinq. Appropd f Disapproved C' Manag ent & dgm ecto Date 6ate Courh A strVbt LE SOURCEWNT (9l,-56A=I uol;euiwi9j90 aoanog alog pue aanleM P!t3 : L66Z) suaao=l aoanog agog :1uauayoe11V Frcmm,-, Im d �ff� Tf?AX Y d V R d June 09, 2015 St. Lucie County Road & Bridge 3071 Oleander Ave. Fort Pierce, FL 34982 To Whom It May Concern: The purpose of this letter is to state that Nortrax, Inc. is the John Deere Construction and Forestry Equipment Dealer for Central and South Florida. We are the sole source for John Deere Construction & Forestry Heavy Equipment Parts and Service in St. Lucie County. Sincerely, Ben Fair General Manager Nortrax, West Palm Beach Nortrax, Inc. 3933 Martin Luther King Jr. Blvd., - West Palm Beach, FL 33404 Phone (561) 848-6618 - Fax (561) 848-7099 (9�-S�A=j uol;euluaaa;aa aoanoS aloS pue JOAleM P!8 L66Z) suaao=l aoanoS aloS :;uauayoej1V 00 M N a d COUNTY ' Y V R • R I D Ad JUSTIFICATION FOR SOLE SOURCE PROCUREMENT Based upon the Purchasing Manual, the proposed procurement described below is being procured pursuant to the guidelines on Sole Source Procurement. A good faith review of available sources has been made and there is only one source for the required supply, services or construction item. We propose to procure the following: Parts and service for optical sorting equipment for the Single Stream Recycling Facility As sole source procurement from (Name of Company): jPellenc ST America Contact Name: IJean Henin Phone: 1803-396-3990 The basis for this sole source determination and the reason no other vendor is suitable is: Pellenc ST America is the sole provider for technical support and spare parts for the optical sorting equipment which requires an OEM factory -trained engineer for the optical sorting equipment for the Single Stream Recycling Facility. Department/Division ISolid Waste Ron Roberts Requested By (P ' t Name) Authorized Signature 7/16/15 Date Note: 1. Enter description of goods or services to be procured. 2. Enter name of sole source co tracting. 3. Enter the Oetermination and b sis for sole source procurement. 4. Attach sol o� rce letter from endor and department. 5. Atpch pr oa� froir vendor ith pricing. C ALI Manage t & Bu get ilebto " ' Coun2SCOLE d at r G:fOR SOUROEWNT Disapproved r Date Date (9�-s4A=i uol;euluaaa;aa aoanoS eloS pue aanleM P!8 : L66Z) suaao=l aoanoS eloS :;uauayoe;;V PELLENC ST Fort Mills, July 15th 2015 To whom it may concern This letter is to confirm that Pellenc ST America is the sole provider for technical support and spare parts for the Pellenc Optical Sorting equipment located in St. Lucie, FL. Due to the sensitive nature of our equipment, our systems are password protected and needs to be serviced by an OEM factory trained engineer. Should you have any questions regarding the enclosed information, please do not hesitate to contact our offices. Jean HENIN CEO PELLENC ST AMERICA Inc. 1299 Schlumberger Drive Fort Mill, SC 29715 USA Telephone : 8031 396 3990 a) Cl) N a m M a (9l,-56A=1 uoi1euluaa9190 aoanog alog pue aanleM P!8 : L66Z) sulao=l aoanog slog :1uauayoe11V 0 N d r.+ d Y V R PELLENC ST 0A 0 BAPP Pellenc ST 125, rue Francois Gerneile 84120 Pertuis France February 13th, 2015 Subject: After -sales service in North America Madam, Sir, We would like to inform you that in order to provide our clients with the best level of service, it is our global policy to offer service directly to the end customer site, regardless of the sales channel originally conveyed for the equipment sale. In North America, we provide service out of our regional office based in Fort Mill, SC, close to Charlotte, NC, USA, from which operate currently three trained technicians. For our valued Canadian customers, we also have a long-term employee of Pellenc ST, based in Quebec, providing high-level technical support and service. Service agreements, remote maintenance, curative maintenance, spare parts, stream analysis software and machine upgrades are among the professional services offered daily to our customers all across North America. Because the technology of our equipment constantly evolves, we believe it is your benefit to plan service of your equipment directly with Pellenc ST. It is our duty to inform you that, from Jan. V, 2016, technical support and upgrades will not be available anymore through distributors or independent providers, unless the provider has signed a service agreement with PELLENC ST. This measure is taken to ensure compliance with our technical guidelines, as well as intellectual property requirements. We remain at your disposal to discuss your particular services requirements. Best Regards Mr. Jean HENIN CEO Pellenc ST 1 125, rue rranyois Gernelle 194120 Pei Lois I France contactopellencst.com I pellencst.com I 133 490094 790 Pellenc Selective Technologies , 7 OSO 000 E capital, Sirel 435 67 885 00026 Page 1J1 (g6-56A=l uol;euiwi9j90 aoanog alog pue JOAleM P!8 L66Z) suaao=l aoanog alog :;uauayoejjV N COUNT r+ d - Y • R I D Ad JUSTIFICATION FOR SOLE SOURCE PROCUREMENT Based upon the Purchasing Manual, the proposed procurement described below is being procured pursuant to the guidelines on Sole Source Procurement. A good faith review of available sources has been made and there is only one source for the required supply, services or construction item. We propose to procure the following: Parts and service for the baling conveyors and equipment. As sole source procurement from (Name of Company) Contact Name: ISteve Simmons Sierra International Machinery Phone: 800-325-9124 The basis for this sole source determination and the reason no other vendor is suitable is: Sierra International Machinery is the authorized supplier in the USA for Macpresse Europa baling and sorting conveyors and equipment, parts and service. Department/Division Ron Roberts Requested By (P ' Name) Authorized Signature Solid Waste 7/16/15 Date Note: 1. Enter description of goods or services to be procured. 2. Enter name of sole source contracting. 3. Enter the determination and basis for sole source procurement. 4. Attach sole sourop letter from vendor and department. 5. AttachjproAd' al fkm vendor with picing. �pprod C Disapproved C Manage t & udgek it Date CouZx"SOLESOURCEWNT Ad I trato Date GFO (9�-S�A=j uo!;eu!uaaa;aa aoanog agog pue aaA!eM P!8 : L66Z) suaao=l aoanog agog :;uauayoejjV SIERRA INTERNATIONAL MACHINERY LLC BALER / LOGGERS 1620 EAST BRUNDAGE LANE (93307) PORTABLE OR STATIONARY P.O. BOX 1340 BAKERSFIELD SHEAR / BALER / LOGGERS CALIFORNIA • 93302 MACPRESSE BALERS & MRF's 661-327-7073 • FAX 661-322-8759 SERVICE & PARTS is USA 800-343-8503 June 10, 2015 St. Lucie County SWA 2300 Virginia Ave Annex Fort Pierce, FL 34982 Attn: Mr. James A. Murphy Reference: Sierra International Machinery LLC-Sole Source Dear Mr. Murphy, This correspondence is to confirm that Sierra International Machinery LLC is the authorized supplier in North America for Macpresse Europa baling machines, parts supply and service. Sierra provides all services necessary for operators to purchase, operate, maintain and service Macpresse baling and conveying equipment. Any questions regarding sales, parts or service may be directed to the undersigned or to Sierra's Macpresse sales office at (817) 337-7111. Sincerely, [� Wjo �WM470 Steve Simmons General Service Manager (800) 325-9124 Ext 2204 www.sierrainti.com Printed on 100% re ',+r_i9d paper (9�-s4A=i uol;euluaaa;aa aoinoS a!oS pue aaA!eM P!8 : L66Z) swjo=l aoanoS a!oS :;uauayoe;;V M N • d IL JUSTIFICATION FOR SOLE SOURCE PROCUREMENT Based upon the Purchasing Manual, the proposed procurement described below is being procured pursuant to the guidelines on Sole Source Procurement. A good faith review of available sources has been made and there is only one source for the required supply, services or construction item. We propose to procure the following: Parts and Service on the VacCon Truck and the Global Street Sweeper As sole source procurement from (Name of Company): ISouthern Sewer Equipment Sales Contact Name: Noel Bryant Phone: 11-800-782-4134 The basis for this sole source determination and the reason no other vendor is suitable is: Southern Sewer is the only authorized dealer in this area to have parts and to do repairs on the Global Street Sweeper and the VacCon sewer cleaner truck. Department/Division Requested By (Print Name) Authorized Signature Public Works, Road & Bridge Divisison Cv-��� IS Date Note: 1. Enter description of goods or services to be procured. 2. Enter name of sole source contracting. 3. Enter the determination and basis for sole source procurement. 4. Attach sgle source letter from vendor ��'nd department. 5. Attach or0006 from vendor with vriVa. Manage3 nt & judge�Dl to County Ad G:FORMSIISOLE SOURCEUNT Disapproved (' Date - Date (9�-S�A=j uo!;eu!uaaa;aa aoanog a!og pue aan!eM p!8 : L66Z) suaao=l aoanog a!og :;uauayoejjV W�7 VACoC*N 969 Hall Park Drive Green Cove Springs, FL 32043 904-284-4200 Tel 904-529-8659 Fax www.vac-con.com April 12, 2015 To \Whom It May Concern: This letter will confirm that Southern Sewer Equipment Sales located at 3409 Industrial 27th avenue, Ft. Pierce, FL 34946 — Telephone: 772-595-6940, is the sole authorized Vac -Con dealer for sales, parts and service in the State of Florida (excluding the Florida Panhandle). If you have any further questions, please do not hesitate to contact us. Todd M. Masley Sales Manager (96-56A=1 uol1euiwi919a aoanoS aloS pue aaAleM P!8 : L66Z) suaao=l aoanoS aloS :1uawtaoe11V 1055 Jordan Road Huntsville, AL 35811 DATE: June 1, 2015 RE: Sole Source Supplier 800-879-7933 www.schwarze.com This letter is to establish and authenticate the current Schwarze Industries dealer / representative for all whole goods, parts, and warranty items for our manufactured products in the described market and trade area below. The dealer listed is the exclusive source for the Schwarze Industries products and the first point of business for our company and products in the trade as described. This agreement between Schwarze Industries and the dealer listed in this document are subject for review and renewal annually and represent a responsibility by both the manufacturer and the dealer to represent the products and goods in a fair and legal means in both the state of business conducted in (Florida) and the laws and regulations of the state of Alabama. Trade Area / Territory: State of Florida Dealer or Representative: Southern Sewer Ejuipment Sales 3409Industrial 27t St. Ft. Pierce, FL 34946 (772) 595-6940 (772) 595-9171 fax Regards and inquiries should be directed to Schwarze Industries. Latner McDonald, Regional Sales Manager Schwarze Industries (256)690-3561 direct Imcdonald a schwarze.com un Iq N at d d Y v M d (9l,-56A=l uol1euiwi9190 aoanog alog pue aanleM p!El L66Z) swjo=l aoanog slog :;uauayoe11V co N a d d d ENVIRO NT L DUCTS GLOBAL ENVIRONMENTAL PRODUCTS www.globalsweeper.com Date: 6-01-15 Subject; Authorized Dealer — Sole Source OEM Parts Supplier To whom it concerns, This letter serves to prove that Southern Sewer Equipment Sales is an Authorized Dealer for Global Sweeping Solutions and Global Environmental Products, a manufacturer of three wheel purpose built street sweepers, four wheel purpose built street sweepers, and a Distributor of Python truck mounted mechanical street sweepers in Florida. This includes new and used finished product as well as the "Sole Source" for OEM spare parts for the products listed above within the State of Florida. Respectfully, CD JL— � - — Chad Bormann Director of Sales Global Environmental Products 4985 HALLMARK PARKWAY, SUITE B SAN BERNARDINO, CA 92407 PH:909-713-1600 (gl,-56A=j uol;euiwi9j90 aoanog alog pue aaAleM p!8 L66Z) suaao=l aoanog slog :;uauayoejjV ti le N d - d ICOUNTY ' Y R • R i D A d JUSTIFICATION FOR SOLE SOURCE PROCUREMENT Based upon the Purchasing Manual, the proposed procurement described below is being procured pursuant to the guidelines on Sole Source Procurement. A good faith review of available sources has been made and there is only one source for the required supply, services or construction item. We propose to procure the following: Parts and Service for the grinder As sole source procurement from (Name of Company) Contact Name: INathan Eskeland TEREX Environmental Equipment Phone: 603-382-0556 The basis for this sole source determination and the reason no other vendor is suitable is: upplier for all parts and service for all CBI and TEREX equipment for the grinder at the onstruction and Demolition (C&D) site. Department/Division Ron Roberts Requested By (P ' ame) Authorized Signature Solid Waste 7/16/15 Date Note: 1. Enter description of goods or serVdor to be procured. 2. Enter name of sole source contr. 3. Enter the determin tion and basisole source procurement. 4. Attach so soarce tter from vand department. 5. At ch prppoi' fro vendor ' h pricing. ppr ved C Disapproved C Manage n & dg i for Date 12 Couxa�\ISOLESOURCEWNT dministrator Date G:FO (9l,-56A=l uol;euluaaa;aa aoanog alog pue JaA1eM P!8 : L66Z) suaao=l aoanog slog :;uauayoe11V F00c-*tM,, d r+ Sole Source Letter Y V -- fC d June 17, 2015 Jim Murphy St. Lucie County Attention: Jim Murphy This letter is to validate that CBI a Terex Company, is the sole source supplier for all parts and service for all CBI & Terex Equipment. This Equipment includes the following: - CBI Magnum Force 4000 - CBI Magnum Force 4800 - C81 Magnum Force 6800T - CBI Magnum Force 8400 - CBI Magnum Force 6400T - CBI Magnum Force 484 - CBI Magnum Force 5400T - CBI Magnum Force 5800T - CBI Prescreener - CBI Stump Shear - CBI Log Screw Sincerely, Nathan Eskeland Parts Manager FW--1 TE R EX8 ENVIRONMENTAL EQUIPMENT Terex Environmental Equipment R�( CBI - A Terex Brand: (9�-S�A=j uo!;euiwi9j90 aoanog agog pue JOA!eM P!t3 : L66Z) suaao=l aoanog agog :1uauayoe11V a� FN Cou NTY F L O R I D A JUSTIFICATION FOR SOLE SOURCE PROCUREMENT Based upon the Purchasing Manual, the proposed procurement described below is being procured pursuant to the guidelines on Sole Source Procurement. A good faith review of available sources has been made and there is only one source for the required supply, services or construction item. We propose to procure the following: Replacement parts and or repairs as needed on the Heavy Case Construction Equipment As sole source procurement from (Name of Company) Contact Name: IHeidi Hanson Trekker Tractor Phone: 561-296-9710 The basis for this sole source determination and the reason no other vendor is suitable is: rekker Tractor is the only authorized dealer in the State of Florida for replacement parts and Drvice on Heavy Case Construction equipment in the State of Florida. This sole source will be used by Road & Bridge and Solid Waste. Department/Division Requested By (Print Name) Authorized Signature Note: 1. Enter description of goc 2. Enter name of sole sou 3. Enter the determinatio 4. A ach a�le s urce let 5. r Alch DroDl l from k Man Couryt�i Administrator � G:FrMSI\SOLE SOURCEWNT I ems►c. 'mac D tDC���t� te2 (CN Co • 2A o 1 S Date (or services to be procured. e contracting. and basis for sole source procurement. from vendor and department. ndor with pricing. Disapproved r Date 7 Date (9�-S�A=l uol;euluaaa;aa aoanog alog PUB aanleM P!8 L66Z) suaao=l aoanog slog :;uauat,4oejjV 0 to N a d r+ CASE Y M Heidi Hansen — Manager, Distribution Development June 26, 2015 St. Lucie County Board of County Commissioners 2300 Virginia Avenue Fort Pierce, FL 34982 CaNH To Whom It May Concern, INDUSTRIAL This is to inform you that Trekker Tractor, LLC is the sole source of Case construction equipment and is the only authorized dealer for OEM parts and service on Case construction equipment in the Fort Pierce, Florida market. Sincerely, CNH America LLC 621 State Street Racine, WI 53402 Phone: 262 636 6021 Fax: 262 636 0876 Email: heidi.hansen@casece.com (9�-S�A=j uo!;euiwi9j90 aoanog agog pue JOA!eM p!8 : L66Z) swjo=l aoanog agog :;uawt43ej1V F,c-nm,i COC.I NTY F L O R I D A JUSTIFICATION FOR SOLE SOURCE PROCUREMENT Based upon the Purchasing Manual, the proposed procurement described below is being procured pursuant to the guidelines on Sole Source Procurement. A good faith review of available sources has been made and there is only one source for the required supply, services or construction item. We propose to procure the following: Repairs to the Baling Facility tipping floor As sole source procurement from (Name of Company): TUFCO Industrial Flooring, Inc. Contact Name: IRoger Brown Phone: 352-383-3210 The basis for this sole source determination and the reason no other vendor is suitable is: is company is the only one that has been able to repair the tipping floor and provide a 4—'year aranty for their work. The floor that needs repair was initially installed by TUFCO. TUFCO is the ly company that we are aware of that provides the service and product that they supply. DepartmenVDivision Ron Roberts Requested By (Pr' ame) Authorized Signature Solid Waste 7/16/15 Date Note: 1. Enter description of goods or ervices to be procured. 2. Enter name of sole sourc ontracting. 3. E ter the dete minati nd basis for sole source procurement. 4. At�ach sole -o rce I ter from vendor and department. i� 5. �Att ch grOD I fro vendor with Dricina. Man CourrEv Adm G:PDRMS11S0LE SOURCEWNT proved C Disapproved C' 11-�— Date 7� Date (9�-S�A=j uo!;eu!uaaa;aa aoanog a!og PUB aan!eM P!8 : L66Z) suaao=l aoanog a!og :;uawt43ejjV 730906O Industrial Flooring, Inc. Suneagle Drive —Mount Dora, Florida 32757 PH (352) 383-3210 July 14, 2015 Tufco is the manufacture and installer of Tufcrete which is the product that will be installed on all your flooring areas. All Tufco products are only installed by Tufco's professional crews to ensure the proper installation of all flooring systems which is then followed up by Tufco's 1 year warranty. This Tufco product is not available for sale in any other capacity.