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Agenda Packet 12.02.2014
T. ® I I COUNTY F LORI D A BOARD OF COUNTY COMMISSIONERS AGENDA ST LUCIE COUNTY Regular Meeting Tuesday, December 2, 2014 6:00 PM St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL 34982 COUNTY COMMISSION MEMBERS District No. 3, Chair PAULA A. LEWIS District No. 5, Vice -Chair KIM JOHNSON District No. 1 CHRIS DZADOVSKY District No. 4 FRANNIE HUTCHINSON District No. 2 TOD MOWERY Mission Statement To provide service, infrastructure and leadership necessary to advance a safe and sustainable community, maintain a high quality of life, and protect the natural environment for all our citizens Generated 121212014 1:24 PM Regular Meeting Tuesday, December 2, 2014 6:00 PM WELCOME All meetings are televised. All meetings provided with wireless internet access for public convenience. Please turn off all cell phones and pagers prior to entering the commission chambers. Please mute the volume on all laptops and PDAs while in use in the commission chambers. GENERAL RULES AND PROCEDURES —Attached is the agenda, which will determine the order of business conducted at today's Board meeting. INVOCATION -PLEDGE — To bring order and decorum to its meeting, the Board begins its meetings with an invocation followed by the Pledge of Allegiance. Participation is voluntary. CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS — These items may be heard on the first Tuesday at 6:00 P.M. or as soon thereafter as possible and on a third Tuesday at 9:00 A.M. or as soon thereafter as possible, these time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allocated at the beginning of each meeting for the general public comment. Please limit comments to three minutes. DECORUM — Please be respectful of others' opinions. MEETINGS — All Board meetings are open to the public and are held on the first and third Tuesdays of each month; the first Tuesday at 6:00 P.M. and the third Tuesday at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year as necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the Safety & Risk Manager at (772) 462-1783 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. 2 1 P a g E Regular Meeting Tuesday, December 2, 2014 6:00 PM I. CALL TO ORDER II. INVOCATION III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF THE MINUTES 1. Board of County Commissioners minutes for the meeting of Tuesday, November 18, 2014 2. Board of County Commissioners minutes for the meeting of Tuesday, November 18, 2014 V. PUBLIC COMMENT (excluding Public Hearing items) VI. PROCLAMATIONS APPROVAL Resolution proclaiming December 13, 2014 as "Feast of Santa Lucia Day"" in St. Lucie County, Florida marking the start of the 450th Anniversary year of the area first being named St. Lucie. VII. PRESENTATIONS 1. Presentation to WPSL Christmas Kids Program 2. Transportation Association Marketing Awards 3. Recognition of Students Enrolled in IRSC's Capstone Program (Public Administration Degree Program) Staff will present a brief overview of the Capstone Program, introduce and recognize the students who participated in the 2014 program and provide the Board with the work product developed by each student. 4. Cooperative Extension: Annual Christmas Remembrance — Sue Munyan and the 4-H Clubs will make their annual Christmas Remembrance Presentation to the Board. Vill. CONSENT AGENDA A. WARRANTS Warrant List Numbers 59, 7 & 8 B. ADMINISTRATION 3 1 P a g e Regular Meeting Tuesday, December 2, 2014 6:00 PM St. Lucie County Legislative Issue Request- State Support for the Life Sciences in Florida Add -On Staff recommends state financial support for Florida's biotechnology and/or life science businesses that will allow them to continue to develop and implement new business plans that will likely include collaboration/merger with Florida's higher educational institutions. Staff recommends state support for increased funding for Florida universities interested in biotechnology and/or life sciences collaboration/mergers. C. COUNTY ATTORNEY There are no items scheduled. D. COMMUNITY SERVICES 1. Federal Transit Administration (FTA) 5311 Grant - Acceptance of Grant Staff recommends Board acceptance of the FY15 FTA 5311 grant in the amount of $110,376 (FM# 407185-2-84-01); approval of the Resolution and subgrant agreement; and authorization for the Chair to sign documents, as approved by the County Attorney. 2. FY15 Florida Department of Transportation (FDOT) Block Grant - Acceptance of Joint Participation Agreement Staff recommends Board acceptance of the FDOT Block Grant Joint Participation Agreement in the amount of $1,054,472 (FM#407187-2-84-01); approval of Resolution and subgrant to CT and authorization for the Chair to sign documents as approved by the County Attorney. 3. Grant Acceptance - FDOT Service Development Grant for New Lakewood Park Bus Route (from St. Lucie County to Oslo Road in Indian River County) Staff recommends Board acceptance of the FDOT Service Development grant FM#436878-1-84-01 ($191,000), approval of Resolution and subgrant agreement, and authorization for the Chair to sign documents, as approved by the County Attorney. 4. Approval of Budget Resolution - FDOT Service Development Grant for New Lakewood Park Bus Route Staff recommends Board approval of Budget Resolution and authorization for the Chair to sign documents, as approved by the County Attorney. 5. FY 2015 Florida Department of Transportation (FDOT) Block Grant Staff recommends Board approval of the Budget Resolution and authorization for the Chair to sign documents as approved by the County Attorney. na Regular Meeting Tuesday, December 2, 2014 6:00 PM 6. Federal Transit Administration (FTA) 5311 Grant Staff recommends Board approval of the Budget Resolution and authorization for the Chair to sign documents, as approved by the County Attorney. 7. Bid Award of the East/West Dunbrooke Canal Regrading Project Staff recommends Board authorization to award Bid No. 15-011 for construction services to Melvin Bush Construction for the East/West Dunbrooke canal re -grading project in the amount of $120,921, and authorization for the Chair to sign documents as approved by the County Attorney. E. COURT ADMINISTRATION There are no items scheduled. 21111111111111111111[4LIMI.T910I► 1:1011re111113:114901:T4*1 Habitat Management Assistance Funding Staff recommends that the Board approve the proposed Budget Resolution and authorize the Chair to sign the proposed Budget Resolution. G. HUMAN RESOURCES There are no items scheduled. H. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. I. OFFICE OF MANAGEMENT & BUDGET There are no items scheduled. J. PARKS, RECREATION, & FACILITIES 1. Clerk's Office Renovations at St. Lucie West Courthouse Annex Staff recommends Board approval of Budget Amendment No. 15-005 for the Clerk's office renovations at the St. Lucie West Courthouse Annex. 2. Second Amendment to DiMichelli Concession & Catering Agreement Staff recommends Board approval of the Second Amendment to the agreement (C12- 12-513) with Di'Michelli's Catering, Inc., and authorization for the Chairman to sign documents as approved by the County Attorney. :�l�_Ii;li;llil:�le� � � � �I��I;1Pi1�1►Y��1:��1L�� 5 1 P a g e Regular Meeting Tuesday, December 2, 2014 6:00 PM There are no items scheduled. L. PUBLIC SAFETY & COMMUNICATIONS There are no items scheduled. M. PUBLIC WORKS There are no items scheduled. N. SHERIFF'S OFFICE There are no items scheduled. O. SOLID WASTE There are no items scheduled. P. SUPERVISOR OF ELECTIONS There are no items scheduled. Q. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. R. UTILITIES There are no items scheduled. IX. PUBLIC HEARINGS A. UTILITIES 1. Amending Certain Rates, Fees and Charges for the SLC South Hutchinson Island District Wastewater Utility Staff recommends Board approval to amend certain rates, fees and charges for the SLC South Hutchinson Island District Wastewater Utility. 2. Amend Certain Rates, Fees and Charges for the St. Lucie County Water & Sewer District (North County) Staff recommends Board approval to amend certain rates, fees and charges for the St. Lucie County Water & Sewer District. B. PUBLIC WORKS 6 1 P a g E Regular Meeting Tuesday, December 2, 2014 6:00 PM Noa Street MSBU - Final Assessment Resolution Amended Staff recommends Board approval of the Noa Street MSBU Final Assessment Resolution and authorization for the Chair to sign documents as approved by the County Attorney. X. REGULAR AGENDA A. PLANNING & DEVELOPMENT SERVICES Major Adjustment to Major Site Plan - Harbor Town RV and Resort of the Treasure Coast Staff recommends Board adopt a Resolution granting approval for a Major Adjustment to Major Site Plan known as Harbor Town RV and Resort of the Treasure Coast. B. PUBLIC WORKS Harbor Town Marina Dredging Agreement Staff recommends Board approval of the attached agreement with Harbor Town Marina to allow for use of the Taylor Creek Dredging permits; and authorization for the Chair to sign documents as approved by the County Attorney. XI. ANNOUNCEMENTS 1. The Board of County Commissioners will hold an Informal Monthly meeting on Tuesday, December 9, 2014 at 9:00 a.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL 34982. 2. County offices will be closed on Thursday, December 25, 2014 and Friday, December 26, 2014 to observe Christmas. 3. County offices will be closed on Thursday, January 1, 2015 to observe New Years. XII. MOTION TO ADJOURN 7 1 P a g e 4.1 S■TkaL■(di 1 E COUNTY F L 0 R r D A BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA Reorganization Meeting November 18, 2014 Convened: 9:00 AM Adjourned: 9:45 AM I. CALL TO ORDER The meeting was called to order at 9:00 AM by District No. 4 Chair Frannie Hutchinson Attendee Name IM Title District No. 4 Chair Present District No. 3 Vice -Chair Present District No. 1 Present d 9:00 AM Frannie Hutchinson Paula A. Lewis 9:00 AM Chris Dzadovsky 9:00 AM Tod Mowery District No. 2 Present 9:00 AM Kim Johnson District No. 5 Present 9:00 AM Daniel S. McIntyre County Attorney Present 9:00 AM Howard Tipton Administrator Present 9:00 AM Bob Bentkofsky Deputy Administrator Present 9:00 AM Edward Matthews Parks, Recreation & Facilities Director Present 9:00 AM Don West Public Works Director Present 9:00 AM Beth Ryder Community Services Director Present 9:00 AM Mark Satterlee Planning & Dev Director Present 9:00 AM Ron Roberts Solid Waste Director Present 9:00 AM Kelly Phelan Executive Assistant to the County Administrator Present 9:00 AM Joseph E. Smith Clerk of Circuit Court Present 9:00 AM Sue Korunow Clerk to the Board Present 9:00 AM Generated 1112412014 3:29 PM Packet Pg. 8 Reorganization Meeting Tuesday, November 18, 2014 9:00 AM 4.1 II. INVOCATION III. PLEDGE OF ALLEGIANCE IV. GENERAL PUBLIC COMMENT There was no public comment. V. PROCLAMATIONS APPROVAL There are no items scheduled. VI. PRESENTATIONS 1. Clerk of the Circuit Court Excess Fee Presentation Commissioner Hutchinson welcomed Mr. Joseph E. Smith, Clerk of Circuit Court. Clerk Smith thanked the Board for the opportunity to speak noting according to Florida State Statue 218.36 of he was pleased to return to the Board the excess fees collected by the Clerk's office during the 2013-2014 fiscal year. The amount returned to the Board was $625,725.32, a result of strict budgeting and prudent financial operations by the Clerk of the Circuit Court to the Board and the Recording Department operations. He stated he trusted these excess fees would assist the Board in making budgeting decisions the coming year. The Board thanked him for his presentation and applauded his efforts towards the achieving the saving. 2. Certificates of Appreciation to Various Board and Committee Appointments with 15 years of service or more. Commissioners Hutchinson and Lewis called the names and presented certificates of appreciation to members of the various Boards and Committees for long-term service to those in attendance as follows: 15-Years Service: Craig Dunkleberger, Doug Davis, Barbara Felton, Mary Chapman, Marilyn Minnix, Rudy Widman, Richard Pancoast, Jane Rowley, Peggy Monahan and Ralph Fogg. 20-Years Service: John Lengel, Darrell Drummond, Ed Lounds. At this time it was noted that Marilyn Minnix had just arrived, she invited to come forward and accept her 15-Year certificate from the Commissioners. Ms. Minnix corrected the 2 1 P a g e Packet Pg. 9 Reorganization Meeting Tuesday, November 18, 2014 9:00 AM 4.1 Commissioners noting the time frame she has served on various Committees and Boards has been 28-30 years not 15 years. Commissioner Hutchinson made the correction for the record, apologized for the oversight and thanked her for her many years of service. 25-Years Service: Robert Davis, Charles James, Fred Forbaugh Commissioner Hutchinson then relayed how the volunteers work, service, guidance and interpretation on issues, have been extremely helpful in bringing the County forward. She expressed the Board's thanks stating they have been honored to have their service. 3. Welcoming of New County Administrator Commissioner Hutchinson welcomed the new County Administrator to his position noting as of November 1, 2014 he was attending his first meeting in an official capacity. She thanked him for the time he has already invested in learning the county by attending various social gatherings, events and meetings as County Administrator. She then offered him an opportunity to speak. County Administrator thanked the Commissioners, the Clerk of the Court and the volunteers stating it has been a great couple of weeks getting started; he noted he is now in week three and having had that time to get to know the community has been a real blessing and he feels like he's hitting the ground running as fast as he can. He commented that he has been pleased to meet and get to know the county staff stating with the vision of the county's elected officials and the great team in place have, they are going to do some good things for the community going forward and he's pleased to be a part of it. 4. Presentation of Plaque to County Attorney for serving as Interium County Administrator Commissioner Hutchinson presented County Attorney with a plaque of appreciation for his outstanding work as Interim County Administrator commenting on how difficult a job it has been to wear both the hat of County Attorney as well as Interim County Administrator. She then referenced a picture the County Administrator has in his office with which he has strong sentimental ties. She stated she hopes the pictures on the plaque presented today will have just as strong ties as that picture and when he looks at the plaque he will recall the events with the same fond memories as she herself has of the times. The pictures were of two events he attended with the Commissioners, the first was the site visit for the Veteran's Nursing Home and the second was the grand opening for the Solid Waste Facility. She invited the County Administrator to join her along with the Board for a photo and to present the plaque. County Administrator thanked the Board for the honor commenting that serving was not as difficult as they would have thought because of the Board support and the great team he worked with. He stated they knew what they were doing and just needed someone to set the right direction. in w z 2 w U- 0 J Q 0 a a Q 3 1 P a g e Packet Pg. 10 Reorganization Meeting Tuesday, November 18, 2014 9:00 AM 4.1 VII. PUBLIC HEARINGS There are no items scheduled. VIII. REGULAR AGENDA Commissioner Hutchinson invited the Mr. Joseph E. Smith, Clerk of the Circuit Court to join them on the dais to conduct the Meeting. w This being an election year it required any Board members who are either newly or re-elected to be sworn in. Z Commissioners Hutchinson and Mowery were both re-elected therefore were required to take the Oath of Office. w x u- At this time the Clerk asked Commissioner Hutchinson to join him at the podium to be sworn in to office. He o asked Commissioner Hutchinson if she was prepared to take the oath and she confirmed she was and repeated the oath. The Clerk congratulated her and she returned to the dais as Commissioner Mowery was 0 asked to join the Clerk at the podium. He asked Commissioner Mowery if he was prepared to take the oath a and he confirmed he was and repeated the oath. The Clerk congratulated him and he returned to the dais. g A. REORGANIZATION 1. ELECT THE CHAIR OF THE BOARD Mr. Joseph E. Smith, Clerk of the Circuit Court presided and called for nominations for the Chair of the Board of County Commissioners. Call for Nominations to Select the Chair of the Board of County Commissioners. It was moved by Commissioner Dzadovsky, seconded by Commissioner Hutchinson to nominate Commissioner Lewis as Chair of the Board of County Commissioners, and; upon roll call, motion carried unanimously. Commissioner Hutchinson presented Commissioner Lewis with a gavel Commissioner Lewis thanked the Board for the election. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Frannie Hutchinson, District No. 4 Chair AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson 2. ELECT THE VICE CHAIR OF THE BOARD Mr. Joseph E. Smith, Clerk of the Circuit Court presided and called for nominations for the Vice - Chair of the Board of County Commissioners. 4 1 P a g e IPacket Pg. 11 4.1 Reorganization Meeting Tuesday, November 18, 2014 9:00 AM Call for Nominations to Select a Vice -Chair of the Board of County Commissioners. It was moved by Commissioner Hutchinson, seconded by Commissioner Mowery to nominate Commissioner Johnson as Vice -Chair of the Board of County Commissioners, and; upon roll call, motion carried unanimously. Commissioner Johnson thanked the Board for the election. RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 Chair SECONDER: Tod Mowery, District No. 2 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson RECESS AS THE BOARD OF COUNTY COMMISSIONERS SPECIAL MEETINGS TO ELECT THE CHAIR AND VICE -CHAIR OF THE MOSQUITO, EROSION, SUSTAINABILITY AND ENVIRONMENTAL BOARDS WILL BE HELD AT THIS TIME: MOSQUITO CONTROL DISTRICT Refer to the minutes of the Mosquito Control District. 1. The Clerk of the Court will preside and call for nominations for the Chair of the Mosquito Control District. 2. The Chair will preside and call for nominations for the Vice -Chair of the Mosquito Control District. EROSION CONTROL DISTRICT Refer to the minutes of the Erosion Control District. 1. The Clerk of the Court will preside and call for nominations for the Chair of the Erosion District. 2. The Chair will preside and call for nominations for the Vice -Chair of the Erosion District. ENVIRONMENTAL CONTROL BOARD Refer to the minutes of the Environmental Control District. 6 w E- z 2 w x LL 0 J Q 0 a IL Q 5 1 P a g e Packet Pg. 12 Reorganization Meeting Tuesday, November 18, 2014 9:00 AM 4.1 1. The Clerk of the Court will preside and call for nominations for the Chair of the Environmental Control Board. 2. The Chair will preside and call for nominations for the Vice -Chair of the Environmental Control Board. SUSTAINABILITY DISTRICT Refer to the minutes of the Sustainability District. 1. The Clerk of the Court will preside and call for nominations for the w Chair of the Sustainability District. z 2. The Chair will preside and call for nominations for the Vice -Chair of w the Sustainability District. U_ RECONVENE AS THE BOARD OF COUNTY COMMISSIONERS a 3. ANNUAL REORGANIZATION APPOINTMENTS 0 W The Chair of the Board of County Commissioners automatically serves as a member on (or their Q designee): 1. Commission Appointments to Boards and Committees for 2014/15 The BOCC is being asked to ratify appointments to the following Boards and Committees: - Chamber of Commerce Board of Directors - Commissioner Lewis - Public Safety Coordinating Council - Commissioner Mowery - Roundtable of St. Lucie County Inc. - Commissioner Dzadovsky - St. Lucie County Insurance Committee - Commissioner Hutchinson - *Tourist Development Council (*BOCC Advisory Board) - Commissioner Dzadovsky - Treasure Coast Workforce Consortium - Commissioner Lewis RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Chris Dzadovsky, District No. 1 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson 2. Appointments by the Chair for Commissioners to Serve on Boards & Committees (one-year terms). The Chair will make appointments for a one-year term to the following boards and committees: - 19th Judicial Circuit Conflict Committee - Commissioner Johnson 6 1 P a g e Packet Pg. 13 4.1 Reorganization Meeting Tuesday, November 18, 2014 9:00 AM - *Blueway Advisory Committee (*BOCC Advisory Committee) - Commissioner Dzadovsky - Children's Services Council - Commissioner Lewis - Council on Aging - Commissioner Johnson - County Coalition for Responsible Management of Lake Okeechobee and St. Lucie & Caloosahatchee Estuaries - Commissioner Hutchinson; Commissioner Lewis - alternate - Friends of the St. Lucie County Library - Commissioner Johnson - Healthy Kids - Commissioner Johnson - Indian River Lagoon National Estuary Program Advisory Committee Commissioner Dzadovsky - *Land Acquisition Selection Committee (*BOCC Advisory Committee) Commissioner Dzadovsky - Law Library Board of Trustees - Commissioner Lewis - Transportation Planning Organization - Commissioners Dzadovsky, Mowery, Lewis and Hutchinson; Commissioner Johnson - alternate (Four Commission members and one alternate) - TPO/Regional Transit Organization - Commissioner Lewis; Commissioner Johnson - alternate (One Commission member and one alternate) - Property & Homeowners Associations - Commissioner Hutchinson - St. Lucie County Fire District - Commissioners Dzadovsky and Johnson (Two Commissioners) - Treasure Coast Community Action Agency Tripartite Board - Commissioner Lewis; Barbara Felton - appointee - Treasure Coast Education Research Development Authority - Commissioner Mowery - Transportation Disadvantaged Local Coordinating Board - Commissioner Lewis - Treasure Coast Council of Local Governments - Commissioner Mowery - Treasure Coast Regional Planning Council - Commissioners Mowery and Lewis; Commissioners Dzadovsky and Johnson - alternates (Two Commission members and two alternates) - Value Adjustment Board - Commissioners Mowery and Lewis; Commissioners Johnson and Hutchinson - alternates 7 1 " - - Packet Pg. 14 Reorganization Meeting Tuesday, November 18, 2014 9:00 AM 4.1 (Two Commission members and two alternates) - Workforce Development Board of the Treasure Coast - Commissioner Johnson It was moved by Commissioner Mowery, seconded by Commissioner Dzadovsky to approve the various appointments listed in Items VIII-3.1. & VIII-3.2. and; upon roll call, motion carried unanimously. County Attorney noted there were two Committees/Boards which were not on the list but needed to be addressed. Those items skipped are as follow: Sustainability Advisory Committee and SFWMD Water Resources Advisory Commission's Lake Okeechobee Subcommittee. Commissioner Lewis asked if they could be brought back to this evening's meeting for vote, County Attorney agreed this would be an acceptable option. Those two items will be added to the agenda of the November 18, 2014 meeting for vote. All members were in consensus. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Chris Dzadovsky, District No. 1 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson 3. Commissioner Chris Dzadovsky's Committee Appointments The Chair asked for ratification of Commissioner Dzadovsky's Committee Appointments. Commissioner Dzadovsky asked for ratification of Darrel Winfree to the Historical Commission and Kara Wood to the Planning & Zoning Commission/Local Planning Agency. Commissioner Dzadovsky asked County Attorney for direction regarding being able to appoint an alternate for an appointee who may have occasional conflicts. County Attorney responded stating it is not against the rules of the Committee and if he chooses to appoint an alternate, as the Chair of the Committee, he would have that authority. Commissioner Dzadovsky noted for the record he was referring to the Fort Pierce Harbor Advisory Committee and the appointee Warren Falls. He would like to designate George Jones as an alternate. It was moved by Commissioner Mowery, seconded by Commissioner Johnson to approve the appointment of George Jones as an alternate for Warren Falls for the Fort Pierce Harbor Advisory Committee and; upon roll call, motion carried unanimously. in w z w x w 0 J a 0 a a a 8 1 P a g e Packet Pg. 15 4.1 Reorganization Meeting Tuesday, November 18, 2014 9:00 AM RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 Chair SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson 4. Commissioner Tod Mowery's Committee Appointments The Chair asked for ratification of Commissioner Mowery's Committee Appointments. in w Commissioner Mowery asked that the Board ratify the members currently appointed. Z RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 Chair SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson a w U- O J O 5. Commissioner Paula A. Lewis' Committee Appointments a The Chair asked for ratification of Commissioner Lewis' Committee Q Appointments. Q RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Tod Mowery, District No. 2 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson 6. Commissioner Frannie Hutchinson's Committee Appointments The Chair asked for ratification of Commissioner Hutchinson's Committee Appointments. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson 7. Commissioner Kim Johnson's Committee Appointments The Chair asked for ratification of Commissioner Johnson's Committee Appointments. 9 1 P a g e Packet Pg. 16 4.1 Reorganization Meeting Tuesday, November 18, 2014 9:00 AM RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 Chair SECONDER: Tod Mowery, District No. 2 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson 8. Board of County Commissioners At -Large Committee Appointments Commissioner Lewis noted several vacancies remained on the committee listing and additional information is needed before ratification can be completed for the At -Large Committee Appointments. Current appointees will remain in place until Board can review the additional information and convene the first week in December. County Attorney suggested they bring any appointee items dealing with residency issues to the Regular Meeting today, at 6:00 P.M. to be reviewed and voted on as they are able to be resolved quickly. *Post meeting: At the BOCC Night Meeting this item was moved to the 12/16/14 Meeting. RESULT: TABLED [UNANIMOUS] Next: 12/16/2014 9:00 AM MOVER: Kim Johnson, District No. 5 SECONDER: Chris Dzadovsky, District No. 1 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson 9. Historical Commission- At -Large Member Vacancy This item was continued to the December 16, 2014 agenda per Commissioner Lewis. RESULT: TABLED [UNANIMOUS] Next: 12/16/2014 9:00 AM MOVER: Kim Johnson, District No. 5 SECONDER: Chris Dzadovsky, District No. 1 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson 10. St. Lucie County Library Board- At -Large Member Vacancy This item was continued to the December 16, 2014 agenda per Commissioner Lewis. 6 w E- z 2 w F_ LL 0 J Q 0 W a a Q 10 1 Packet Pg. 17 4.1 Reorganization Meeting Tuesday, November 18, 2014 9:00 AM RESULT: TABLED [UNANIMOUS] Next: 12/16/2014 9:00 AM MOVER: Kim Johnson, District No. 5 SECONDER: Chris Dzadovsky, District No. 1 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson IX. ANNOUNCEMENTS 1. County offices will be closed on Thursday, November 27, 2014 and Friday, November 28, 2014 LU to observe Thanksgiving. Z 2. The Board of County Commissioners will hold an Informal Monthly meeting on Tuesday, _ December 9, 2014 at 9:00 a.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL 34982. o J Q 3. County offices will be closed on Thursday, December 25, 2014 and Friday, December 26, 2014 0 to observe Christmas. a a Q 4. County offices will be closed on Thursday, January 1, 2015 to observe New Years. X. 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. 11 1 Packet Pg. 18 4.2 S■TkaL■(di 1 E COUNTY F L o R r D A BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA Regular Meeting November 18, 2014 Convened: 6:00 PM Adjourned: 10:55 PM I. CALL TO ORDER The meeting was called to order at 6:00 PM by District No. 3, Chair Paula A. Lewis Attendee Name I Title Status Arrived District No. 3, Chair Present 6:00 PM District No. 5, Vice -Chair Present 6:00 PM District No. 1 Present 6:00 PM District No. 4 Present 6:00 PM District No. 2 Present 6:00 PM Paula A. Lewis Kim Johnson Chris Dzadovsky Frannie Hutchinson Tod Mowery Daniel S. McIntyre County Attorney Present 6:00 PM Howard Tipton Administrator Present 6:00 PM Bob Bentkofsky Deputy Administrator Present 6:00 PM Heather Young Asst. 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 Marie Gouin Office of Management & Budget Director Present 6:00 PM Sherry Burroughs Mosquito Control and Coastal Mgt. Serv. Director Present 6:00 PM Mark Satterlee Planning & Dev Director Present 6:00 PM Ron Roberts Solid Waste Director Present 6:00 PM Kelly Phelan Executive Assistant to the County Administrator Present 6:00 PM Sue Korunow Clerk to the Board Present 6:00 PM a W Z 2 W U- O J Q i O a a a Generated 1112512014 5:12 PM Packet Pg. 19 4.2 Regular Meeting Tuesday, November 18, 2014 6:00 PM II. INVOCATION III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF THE MINUTES RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Chris Dzadovsky, District No. 1 AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery 1. Board of County Commissioners minutes for the meeting of Thursday, September 04, 2014 2. Board of County Commissioners minutes for the meeting of Thursday, September 18, 2014 3. Board of County Commissioners minutes for the meeting of Tuesday, October 21, 2014 V. PUBLIC COMMENT (excluding Public Hearing items) Gwen Mars, St. Lucie County - She came before the Board regarding a vote taken in 1996. She provided a handout with a copy of the following information and directed the Board to March 12, 1996, #1 Referendum regarding the "Future Development Port of Fort Pierce" - a ballot item which had to do with "visioning" the development of the Port and then she quoted the percentages on the handout. The next item listed under November 1996, County Referendum "Harbour Pointe" talks about recreation and tourism and she stated as a voter a person would think the two items were related and she had heard it said most people wanted recreation and tourism but she stated that is not to be fact. The "Port Subelement" section of the handout is part of the 2001-2002 Port Master Plan where there was a review of the possibility of a mega yacht facility at the Port and this was a revised vision. She stated this was revised by referendum and charette process which she states is one of the most exclusionary processes available to determine important issues in the county. In 1989 the emphasis was on cargo in the Port, with the referendum, they added recreation and tourism to the Plan. With the public workshops, charettes and advisory committees making these important decisions she does not feel it's justice when it comes to such an important issue. She's hoping the new Team T & T (Tipton & Tesh) will be able to take the County forward because she's hoping they are an explosive dynamic team and they are counting on you. She then stated the ad valorum tax has been on her taxes for 17 years and they've been paying for the Port, the Harbour Pointe and it's time we do something about it. Steve Weaver, Fort Pierce, FL - Was here in support of the proposed property trade on South Hutchinson Island to facilitate a new public access to the beach. He's here as a county resident, city resident, a property owner in the area as well as on behalf of the private property owner. He noted some discussions had occurred earlier today regarding the City's timeline and following through on improving the property, if the trade is approved, were answered with optimism by Assistant City Manager, Nick Mimms. It has also been discussed that improving beach access is important for quality of life for county residents as well as to support tourism. Very similar to parks and conservation lands, beachfront lands in public ownership should never be diminished. The proposed trade would keep public lands in public hands and set the stage for a demonstrable increase in beach access. The City of Fort Pierce has forwarded their letter of support and spoken with 2 1 P a g e Packet Pg. 20 4.2 Regular Meeting Tuesday, November 18, 2014 6:00 PM optimism again today regarding improving the property in the near term if the trade is supported. If there are any concerns about the City's timeline to improve the property, the County could incorporate a four or five year reverter clause into the transfer. If somehow the City failed to find the relatively small amount of funds needed to improve the property, the County could exercise the reverter clause after having given the city ample opportunity to expand the beach access. This approach is both public minded for beach access and fiscally responsible. Keep public lands in public hands. We hope you will support the trade. If a fiscally responsible reverter clause is included. Joe Zaire, 408 S. Ocean Drive, Unit 6, Fort Pierce - provided a handout with pictures of an overgrown lot next to his home which has encroached on his property and is infested with snakes, rats, roaches and ants. He was asking for the Boards assistance with cleaning up the property as soon as possible as it is affecting his life. He stated the insects have invaded his home, required him to purchase a new air conditioning system and have created an unsafe environment. He stated he has lived on the property since 1984 and this is the worst it's ever been and would like someone to find out who the owner is and do something to get it cleaned up as soon as possible. VI. PROCLAMATIONS APPROVAL RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5, Vice -Chair AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery 1. Resolution 2014-192 - Proclaiming the month of November 2014 as "National Runaway Prevention Month" in St. Lucie County, Florida. Commissioner Lewis presented Children's Home Society of Florida, Adoptions Marketing Specialist Frank Avilla with Resolution 2014-192 Proclaiming the Month of November 2014 as "National Runaway Prevention Month." Mr. Avilla thanked the Board for the presentation and talked of different methods The Society utilizes to assist with runaways and training programs for businesses who display the diamond shaped, yellow and black, "Safe Place" signs so they know what to do should a youth come to their place of business looking for assistance. He stated they appreciate the support of the County and the community at large. Commissioner Dzadovsky asked Mr. Avilla where someone might contact the agency should they wish to sponsor or donate to the agency. Mr. Avilla provided the following contact information: Children's Home Society's main office number 772.344.4020, www.chsfl.org or Wavecrest Shelter at 772.460.9752. 2. Resolution 2014-193 - Proclaiming the month of November 2014 as "National Adoption Awareness Month" in St. Lucie County, Florida. Commissioner Lewis presented Children's Home Society of Florida, Adoptions Marketing Specialist Frank Avilla with Resolution 2014-193 Proclaiming the Month of November 2014 as "National Adoption Awareness Month." Mr. Avilla thanked the Board for the presentation and provided background information on the adoption outreach process and announced that Saturday, November 22, 2014, is National Adoption Day and The Children's Home Society is i» w z 2 w LL 0 J Q 0 a a Q 3 1 Packet Pg. 21 Regular Meeting Tuesday, November 18, 2014 6:00 PM 4.2 holding a celebration from 10:00 a.m. - 1:00 p.m. at Kiwanis Park in Stuart on Colorado Avenue in downtown Stuart. He stated it is a community event where food, drink and entertainment are provided free of charge. All are welcome. In the past they have had between 250 - 400 people in attendance but would love to go over the 500 mark one of these years. Mr. Avilla noted if anyone was interested in adoption or wanted information regarding adoption they can contact them at the website at www.chsfl.org or the Adoption Information Line at 772.429.2001. 3. Resolution 2014-194 - Proclaiming the month of November 2014 as "Alzheimer's Disease Awareness Month" in St. Lucie County, Florida. Commissioner Lewis presented Alzheimer's Community Care Board Member Robert Gorman with Resolution 2014-194 Proclaiming the Month of November 2014 as "Alzheimer's Disease Awareness Month." Mr. Gorman thanked the Board for assisting with getting the word out regarding the need for families and community at large for their support and services. He announced the Florida Legislature had recognized the need of providing funds for help and assistance to families dealing with the dreaded, progressive disorder. A second dementia specific daycare center will soon be opening and operating in St. Lucie County at the St. Andrews Lutheran Church in Port St. Lucie. He stated they are in the final processes of getting permitting and all necessary renovations performed. They will be licensed to serve 40 and will operate generally at up to 35 patients. Alzheimer's Advocate Linda Ballows spoke behalf of the Alzheimer's Association Southeast Florida Chapter stating they greatly appreciate the Board's support. She commented that people should never walk this walk alone, noting there is a lot of information out there available to the community. There is a 24/7 Dementia Specific Helpline contact number where people can call and talk to clinicians at 800.272.3900. 4. Resolution 2014-195 - Proclaiming November 20, 2014 as the "Great American Smoke -Out Day" in St. Lucie County, Florida. Commissioner Lewis presented Florida Department of Health St. Lucie County, Tobacco Prevention and Worksite Wellness Program Manager, Marcella Bianco and representatives from Students Working Against Tobacco (SWAT) with Resolution 2014-195 Proclaiming November 20, 2014 as "Great American Smoke -Out Day" in St. Lucie County. SWAT Member Nicholas Suarez spoke to the Board regarding the impact smoking has on youth and adults alike he provided statistics and challenged the audience to invite someone they know to quit on November 20th for 24hours and then invited them to attend a tobacco free partnership event sponsored by St. Lucie County on November 20th at 3:00 p.m. which will be hosted by St. Lucie West Centennial High SWAT. At this time they provided a brief presentation created by the SWAT organization and one of the team members spoke on the profound impact it had on her personal family member as well as several other acquaintances who are all in the process of quitting smoking because of the presentations message. She stated she hopes to show the presentation in other students and in w F_ z 2 w F_ LL 0 J Q 0 W a a Q 4 1 Packet Pg. 22 Regular Meeting Tuesday, November 18, 2014 6:00 PM 4.2 encourage them to make videos for their parents and friends that may have the same affect on them to quit smoking as hers. 5. Resolution 2014-211 - Proclaiming November 16-22, 2014 as "National Hunger and Homelessness Collaborative Awareness Week" in St. Lucie County, Florida. Commissioner Lewis presented Homeless Family Center Executive Director MaryEllen Maguire and National Hunger & Homelessness Collaborative Awareness Week Chairwoman Christina Long with Resolution 2014-211 Proclaiming November 16-22, 2014 as "National Hunger and Homelessness Collaborative Awareness Week" in St. Lucie County. Ms. Maguire thanked the Board for the recognition, provided statistics on homeless persons in St. Lucie County and noted what information on what the agency provides currently stating there is so much more that is needed. She stated how much she appreciates the Board for bringing awareness to the issue with the proclamation and helping getting the word out to the community. She invited the audience to the Homeless Family Center on 4th Street in Vero Beach to see what they do there, they have doctors providing care, representatives from IRSC are hosting business entrepreneur classes and they have volunteers from the community who literally knock on the door and make things happen. VII. PRESENTATIONS Certificates of Appreciation to various Board and Committee Appointments with over 15 years of service. Commissioner Lewis presented Darrell Drummond with a certificate of appreciation for serving more than 25 years of service on various Boards and Committees in the County. Mr. Drummond thanked the Board for the certificate and recognition. Mr. Drummond was unable to attend the morning meeting when the previous awards were presented. Items Discussed/Pulled Prior to Approval of Consent Agenda Prior to the approval of the Consent Agenda Commissioner Lewis noted there was one item which had been added to the agenda. This item is one left over from the Reorganizational Meeting which occurred at 9:00 a.m. today which will be dealt with under the XD - Regular Agenda; Administration; Item D. Commissioner Lewis then asked if there were any items the Board would like pulled for discussion and/or separate vote from the Consent Agenda. Commissioner Dzadovsky stated he had comments on the following two separate items; "VIII.C.3." and "G"; he would also like to have Item "VIII.M.10." pulled for regular discussion. Item VIII.C.3. is regarding Billboard funds received by the County which is currently going into the Lands Appropriation fund. What he would like to do is take it back into an Informal Meeting and discuss placing the money into the Greenways and Trails as a funding source. in w z 2 w U- 0 J Q 0 a a Q 5 1 P a g e Packet Pg. 23 Regular Meeting Tuesday, November 18, 2014 6:00 PM 4.2 Because it goes into the Lands Appropriation funds he sees that it will be dwindled down with items like those which are on tonight's agenda for funding. Items G is regarding the Inmate HIV Medication costs. He's concerned about the cost of these medications and feels it's imperative the County look at other options to fund the cost to purchase these medications and perhaps look into treatments/research available. He mentioned they could investigate the Ryan White Foundation Grants as a possible funding source. Commissioner Lewis confirmed that Item VIII.M.10 has been pulled from the Consent Agenda and will be discussed under the Regular Agenda. VIII. CONSENT AGENDA RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5, Vice -Chair AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery A. WARRANTS Warrant Lists Numbers 54-58 and 2-6 B. ADMINISTRATION 2015 Legislative Priority Items C. COUNTY ATTORNEY in w z 2 w LL O J Q O a IL a 6 1 Packet Pg. 24 Regular Meeting Tuesday, November 18, 2014 6:00 PM 4.2 1. Resolution 2014-196 - Donation of Right -of -Way on Midway Road (306 E. Midway Road - John and Brenda Jacobs) Parcel ID 3403-502-0050-050-7 2. Resolution 2014-198 - Temporary Subordination of County Utility Interests of Parcel 823.2 to Florida Department of Transportation Midway Road: South 25th Street East to U.S. Highway 1 3. Resolution 2014-201 - Addendum A to CBS Outdoor Lease 385 for Billboard Electric on Gordy Road Cn 4. Contract for Sale and Purchase with Route 70 Property Holdings, LLC - Cypress Creek �L-u Parcel z 5. Resolution 2014-202 - Proposed Street Names at Harbor Branch Oceanographic Institute = at Florida Atlantic University (5600 North U.S. Highway 1) U- O J 6. Approve Jail Diversion Contract with New Horizons of the Treasure Coast O 7. Funding Request for a Case Manager for Mental Health Court a IL a 8. Resolution 2014-203 - Award of the 2014/15 Alcohol and Other Drug Abuse Treatment - Fund Grant to the St. Lucie County Drug Screening Lab a- 9. Resolution 2014-197 - Amending Lease Agreement for National Navy UDT - SEAL Museum for an Additional Five (5) years 10. Proposed Settlement with Westchester Fire Insurance Company for Road Improvements (former Whispering Oaks Subdivision) 11. Humane Society of St. Lucie County, Inc. - Second Amendment to December 20, 2011 Agreement 12. Resolution 2014-204 - Facilities Use Agreement with WIRA Christmas Kids of St. Lucie County, Inc., a/k/a WPSL Christmas Kids of St. Lucie County - 2014 Toy Drive 13. Lawnwood Regional Park - Fort Pierce Utilities Authority Easements 14. Employee Health Insurance Plan - Extension of Florida Blue Contract for Administrative Services 15. Permission to Advertise for an Ordinance amending Reporting Requirements of Affordable Housing Advisory Committee 16. Declaration of Emergency & Waiver of Formal Bidding Process - Water Intrusion Repairs to Tradition Field Occupied Space 7 1 P a g e Packet Pg. 25 4.2 Regular Meeting Tuesday, November 18, 2014 6:00 PM 17. St. Lucie County Deferred Compensation Plan - Amendment No. 1 to the August 20, 2013 Record Keeping Services Agreement; Amendment No. 1 to the August 20, 2013 Custodial Account Agreement 18. Amended Adoption Agreement for the Eligible 457(b) Deferred Compensation Plan 19. Letter to the Florida Association of Counties (FAC) Supporting Commissioner Tod Mowery's Candidacy for 2nd Vice President of the Florida Association of Counties D. COMMUNITY SERVICES @ w 1. Community Transit Contract Amendment Z 2. Resolution 2014-205 - New Freedom Transit Grant - Scrivener Error Correction w 3. Request for Qualification (RFQ) No. 14-036 - Contractor Pre -Qualification - (for o rehabilitation and rebuilding of homes funded through the CDBG Small Cities Program) a 0 4. Resolution 2014-206 - FY14 HOME Funding Allocation a a a 5. Cancellation of Foreclosure Counseling Program (FCP) Contract 6. East/West Dunbrooke Drainage Improvement Project- Change Order No. 1 E. COURT ADMINISTRATION There are no items scheduled. 10610111 I:1011fel1111.1*1911J.To*1 1. Contract Between the Florida Department of Corrections Inmate Labor Program and St. Lucie County Environmental Resources 2. Evans Parcel - Authorization to Begin Due Diligence for Land Acquisition G. HUMAN RESOURCES Corizon HIV Meds - July, Aug & Sept Invoices H. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. I. OFFICE OF MANAGEMENT & BUDGET 8 1 P a g e Packet Pg. 26 4.2 Regular Meeting Tuesday, November 18, 2014 6:00 PM 1. Request for Proposal (RFP) No. 14-042 - Temporary Personnel Services (Non -clerical) 2. Continuing Contracts for Professional Engineering Services for Stormwater Management Design and Permitting Services - RFQ 14-050 3. FY14 Budget Amendment and Budget Resolution J. PARKS, RECREATION, & FACILITIES Renaming of Lincoln Park Recreation Area to Lincoln Park Regional Park Cn K. PLANNING AND DEVELOPMENT SERVICES Z 1. Permission to Advertise - Annual Update to the Comprehensive Plan Capital = Improvements Element (CIE) for FY 2014/15 — FY 2018/19 U_ O 2. Jacobs Road Impact Fee Agreement J a 3. Logsdon Lane Plat a a L. PUBLIC SAFETY & COMMUNICATIONS a There are no items scheduled. M. PUBLIC WORKS 9 1 P a g e Packet Pg. 27 4.2 Regular Meeting Tuesday, November 18, 2014 6:00 PM 1. Bid Award for Mowing and Maintenance Services - Subdivision #2 2. Bid Award for Mowing and Maintenance Services - Subdivision #1 3. Award Bid No. 14-055 Juanita Avenue Sidewalk (21st Street to Taylor Creek Bridge) 4. Resolution 2014-199 - Indrio Road Widening (Emerson Avenue, Johnston Road, Koblegard Road and Spanish Lakes Boulevard) 5. Award Bid No. 15-001 Christensen Road at NSLRWCD Canal 102 Cured -In -Place Pipe in Liner Project LU z 6. Jacob Midway Commercial - Fee -in -lieu of Construction Agreement 2 w 7. Riverbend PUD - Partial Release of Surety U_ O 8. St. Lucie Veterinary Clinic - Acceptance of the Off -Site Improvements and Release of a Surety O a 9. Centerstate Bank - Conditional Acceptance of Constructed Improvements and a Maintenance Agreement 10. Harbor Town Marina Dredging Agreement This Item was pull for discussion on Regular Agenda. N. SHERIFF'S OFFICE There are no items scheduled. O. SOLID WASTE Cancel Wynne Agreement for Single Stream P. SUPERVISOR OF ELECTIONS There are no items scheduled. Q. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. R. UTILITIES 10 1 Packet Pg. 28 Regular Meeting Tuesday, November 18, 2014 6:00 PM 4.2 Work Authorization with CDM Smith - Design and Construction Services of Upper Floridan Aquifer Test Well IX. PUBLIC HEARINGS At this time Commissioner Lewis referred back to the Presentation to Darrell Drummond - See Item VII. Presentations. A. PLANNING AND DEVELOPMENT SERVICES 1. Resolution 2014-209 - Granting a major adjustment to the Whispering Oaks Planned Unit Development Commissioner Lewis introduced the topic and Planning and Development staff provided background information and a presentation outlining two conditions staff has placed in Resolution 06-053. Condition #1: Staff does not support this request and suggested the original condition remain at the discretion of the Board of County Commissioners or that it be rescinded. If rescinded, the developer will pay the road impact fees per the adopted code at time of building permit application at the current year's rate. Condition #2: Staff has reviewed the request and concurs with the findings of the Traffic Study findings, therefore staff recommends the Board of County Commissioners rescind Condition #2 of Resolution 06-053. Cotleur & Hearing Site Planner and Agent for the Applicant, Daniel Sorrow provided introductions, noting the Applicant was in Chambers and would make himself available for comment if the Board so chooses. Ms. Susan O'Rourke the Traffic Consultant and Mary Lindren, Environmental Controller were also in attendance. Mr. Sorrow then provided a presentation outlining the Applicant's requests and providing an in-depth review of the intended changes at Whispering Oaks PUD. The requests by the developer were as follows: - To amend the Whispering Oaks PUD site plan to convert the multi -family product type with no garage to Townhomes with garages. - To amend Condition of Approval A-1 of Resolution No. 06-053: Pay Road Impact Fees up front at a locked in 2006 rate. (Amend to "Pay As You Go") - We would like to pay at time of Bldg. Permit (the current policy) at the 2014 rates. $800K Increase. - To remove Condition A-2 of Resolution No. 06-053: Payment in the amount of $500k for proportional share of Orange and Kings Hwy and a Realignment and Widening study for Jenkins Road. 2014 Traffic study does not support these improvements. (Removal of this Condition -Traffic does not support condition) i» w z 2 w U_ 0 J Q 0 a IL Q 11 1 Packet Pg. 29 Regular Meeting Tuesday, November 18, 2014 6:00 PM 4.2 - To clarify proposed condition A-6 of Resolution No. 06-053: Construction of off -site improvements. (Jenkins Road) (Items no longer Applicable due to County winning case - no longer applicable. Request condition removed) PUBLIC COMMENT: Christpher Langel, 910 S Jenkins Rd - Asked the developer to confirm that the borders and barriers on the north properties would be left in their natural state and have it placed in the development order they be left to grow not developed. Mr. Sorrow confirmed this to be the case, it is in the Plan and that it will be placed in the conservation easement. Mr. Langel's next stated they needed more access roads into the development. He stated it is the opinion of not only himself but also his neighbors that something needs to be done with Peterson Road, open it up to Orange Avenue perhaps but they need another access point. James Claassen, 5763 Jenkins Park Avenue - read a letter into the record which is attached to these minutes regarding the increased traffic at Okeechobee Road and Jenkins Road area. He stated he was speaking on behalf of his elderly neighbor whose property is immediately across from the entrance to the development and the increased traffic will be a very dangerous situation to her. Adding hundreds of vehicles to the traffic pattern daily will be a hazard to all in the development and he's asking for a better solution, the addition of a turn lane for northbound Jenkins Road to help slow the flow of traffic into the development perhaps. Earl Gaines, 5821 Starcher Avenue - He welcomed the developer but stated there are a few issues to be taken care of, mainly that of a turning lane being created into Jenkins Road. He stated that they need that turning lane because Jenkins Road is just not safe road, people run right into you if you slow down to turn. If we had the turning lane it would help. Thomas Gladwin, 986 S. Jenkins Road - Likes the improvements, no complaints with what will be done inside the development. He feels they need to have an access road at the northeast corner of owner Joseph Miller's property, split one of the lots and create an access out to the Orange Avenue. He also wants to make sure the work hours are going to be from 7:00 a.m. - 5:00 p.m. M-F and 7:00 a.m. - 12:00 p.m on Saturday to ensure it does not interfere with the peace and quiet of the residents. Patrick Langel, 990 S. Jenkins Road - Stated it's a nice development but there is a real issue with traffic. He feels an exit to Orange Avenue would alleviate some traffic issues. Commissioner Dzadovsky asked the developer what impact it would have to take the south exit and make it a north exit to make a connection to Orange Avenue. Mr. Langel stated why not start out right by putting the exit in the correct location to begin with. Jonathon Langel, 820 S. Jenkins Road - Likes the idea of growth and development in the area. He's a 3rd generation resident in the development. He came with several issues, the 1st - has been resolved and that was in regard to the grounds; 2nd - Traffic, he has personally witnessed an accident in the area and he feels they need an alternate route into the development and 3rd - Emergency, a lot of homes and people will now be in the development and 2 exits would not be enough should there be an emergency and they in w E- z w U_ 0 J 0 o: a IL g 12 1 Packet Pg. 30 Regular Meeting Tuesday, November 18, 2014 6:00 PM 4.2 need to vacate the area. Van Andrews, 5860 Starcher Avenue - Feels an exit onto Orange Avenue would be the best solution to the traffic issue. He asked what the status of 4-laning Jenkins Road was. Staff responded at the present time they do not have all the right of way access and they have not identified funding to move forward with the project either. Darren Robertson, 139 U Vista Court - Stated an access route onto Orange Avenue would be 20ft from his bedroom window. If they are considering this option he asked that it be tabled until they can review the drainage issues in the area. They have already raised the area and doing so again will cause problems with wells and septic. Jenkins Road needs a deceleration lane, if that is done it would help make it safer After in-depth discussion with special emphasis on the developer including plans to build sidewalks in 4 major sections of the road, input from Kimley Horn, Traffic Consultant Jason Madison; Board and Counsel a motion was placed on the floor. Commissioner Dzadovsky made a motion to include the following items: - County Attorney's recommendation - County would enter into a contract with the developer, the developer would be allowed to recover the costs used to make the improvements outlined in Mr. Diane's letter on a reimbursement basis. - Developer confirmed they will take advantage of $110,000 the County has pursued from the surety company to bring Jenkins Road up to speed per Mr. Diane's letter and agreed to this being placed in the agreement. - Removal of Traffic Study requirement from PUD - Agreement for 2nd exit as indicated by developer - Connection point in future to Peterson Road and sidewalk in the future as indicated - Impact fees to be adjusted as requested by developer to pay current impact fees as opposed to what was indicated in the previous agreement - Either/or a contribution of $160,000 for sidewalks either to build or in -lieu -of as part of the agreement Commissioner Dzadovsky asked staff to confirm he had covered all the items discussed and staff confirmed he had. The motion was seconded by Commissioner Johnson, to approve the motion as proposed, and; upon roll call, the motion failed 3-2. Commissioners Dzadovsky and Johnson voted in favor, Commissioners Hutchinson, Lewis and Mowery voted against it. Commissioner Lewis asked if there was an amended motion to be proposed and Commissioner Dzadovsky proposed a second motion as follows: Motion to include all of the same conditions stated in the first motion with the exception of a change to the last item "Either/or a contribution of $160,000 for sidewalks either to build or in -lieu -of as part of the agreement" will now read as follows "Either/or a contribution of $110,000 for sidewalks either to build or in -lieu -of and a $50,000 impact fee credit to the developer as part of the agreement." i» w z 2 w U_ 0 J 0 a IL a 13 1 Page Packet Pg. 31 Regular Meeting Tuesday, November 18, 2014 6:00 PM 4.2 The Meeting recessed at 8:50 p.m. and resumed at 9:04 p.m. The developer proposed the following counter-offer to the Board: - Pay $100,000 contribution for sidewalks - Receive $50,000 impact fee credit for paying the $100,000 contribution for sidewalks up -front for the first few building permits they pull - Pay the contribution on a gradual basis but prior to the first CEO while taking advantage of the impact fee credits on the first few building permits as they are constructed Commissioner Dzadovsky agreed to make that change to his motion and placed on the table for vote. At this time County Attorney noted these credits are not unusual, are non -site related and improvements that will be made inside county right-of-way so they meet the criteria set are eligible for impact fee relief. The motion was seconded by Commissioner Johnson, to approve the amended motion as proposed, and; upon roll call, the motion carried unanimously. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5, Vice -Chair AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery 2. Ordinance 2014-24 - Text Amendment to the Land Development Code - Section 4.12.00 Jenkins Road Area Plan Special District - 1st Reading This Item was withdrawn for a later date due to technical error. RESULT: WITHDRAWN X. REGULAR AGENDA A. COUNTY ATTORNEY 1. Agreement to Reconfigure Pond "C" South 25th Street - Mount Bethel Baptist Church, Inc. County Attorney provided background information on the agreement and conditions. Staff recommended the Board approve the Agreement and authorize the Chair to sign the Agreement. in w E- z w U_ 0 J 0 o: a IL g 14 1 Packet Pg. 32 Regular Meeting Tuesday, November 18, 2014 6:00 PM 4.2 RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Frannie Hutchinson, District No. 4 AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery 2. Porpoise Beach Property Options (Parcel ID 2401-502-0006-000-0) County Attorney provided background information stating the item was previously discussed at the September 16th meeting, noting actions the Board had requested at the meeting and results from those actions. County Attorney outlined the three options the Board could take on this item as follows: 1) Do nothing and the property would simply remain in a natural state as it exists today, 2) Sell the County owned property, reserving a Perpetual Easement for future Fort Pierce Beach Nourishment projects, and use the proceeds of the sale to fund a County capital project, and 3) Exchange the property with the neighbor, reserving a Perpetual Easement for future Fort Pierce Beach Nourishment projects. Because the County - owned parcel may have a higher value than the parcel that would be conveyed to the County, there is a potential loss to the County with this option. County Attorney noted they feel any of the above options are appropriate and it's really a judgment call the Board will need to make. After discussion staff recommended the Board approve the sale of the County -owned property, reserving a Perpetual Easement for future Fort Pierce Beach Nourishment projects, and use the proceeds of the sale to fund a County capital project. It was moved by Commissioner Dzadovsky, seconded by Commissioner Mowery, to entertain Option #3 with a reverter clause, within 5 years, the access is not built out, the County can then take the property back and sell it or let it go back into it's natural state while reserving the Perpetual Easement for future Fort Pierce Beach Nourishment projects, and; upon roll call, the motion passed by consensus. The vote was as follows: Commissioners Dzadovsky, Hutchinson, Johnson and Mowery voted in favor, Commissioner Lewis voted against the motion. RESULT: ADOPTED [4 TO 11 MOVER: Chris Dzadovsky, District No. 1 SECONDER: Tod Mowery, District No. 2 AYES: Kim Johnson, Chris Dzadovsky, Frannie Hutchinson, Tod Mowery NAYS: Paula A. Lewis 3. Resolution 2014-210 - Master Equipment Lease/Purchase Agreement between the County and Banc of America Public Capital Corp. - (Road and Bridge heavy equipment) County Attorney provided background information on the Master Equipment Lease/Purchase Agreement. 15 1 Packet Pg. 33 Regular Meeting Tuesday, November 18, 2014 6:00 PM 4.2 Staff recommended the Board approve the Resolution and authorize the Chair to sign the Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5, Vice -Chair AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery 4. Proposed Water Control District Legislation Board and staff discussion along with a question and clarification time by Special District w representative Terry Lewis, Esq. Took place and Commissioners raised their concerns about several issues regarding the item. They did not receive the information early ? enough to review thoroughly, Board felt the terms of the draft were much too broad, w gave too much power to the Special Districts and felt the item needed to be discussed in a workshop where all affected parties were invited as well as the public so an informed p public and government decision was made when a decision was made. a 0 Special District Services, Inc. Representative Todd Wodraska provided a breakdown on a what Special Districts do/are in order to try to assuage the Boards reservations Q regarding handing over "power" to the District and answered Board questions. S The majority of the Board agreed it was too soon to vote to send the proposed special act to Legislation as items were not defined enough and all effected parties were not informed enough so a vote was taken to "table the item" and hold a workshop with the appropriate parties at the first available time frame after the holiday season either in December or January. It was moved by Commissioner Dzadovsky, seconded by Commissioner Hutchinson, to table the item and hold a workshop or joint meeting to discuss the item further at a December or January meeting after the holiday, and; upon roll call Commissioners Lewis, Johnson, Dzadovsky and Hutchinson voted in favor, Commissioner Mowery voted against tabling the item. The motion carried by consensus. RESULT: TABLED [4 TO 1] 12/16/2014 9:00 AM MOVER: Chris Dzadovsky, District No. 1 Next: SECONDER: Frannie Hutchinson, District No. 4 AYES: Paula A. Lewis, Kim Johnson, Chris Dzadovsky, Frannie Hutchinson NAYS: Tod Mowery B. PLANNING AND DEVELOPMENT SERVICES All Aboard Florida - Draft Environmental Impact Statement Planning and Development Services Director provided background information and presentation on the proposed All Aboard Florida (AAF) project and the Draft Environmental Impact Statement (EIS) received on September 19, 2014. 16 1 Packet Pg. 34 Regular Meeting Tuesday, November 18, 2014 6:00 PM 4.2 County staff has reviewed the document and is producing a lengthy set of comments, concerns and questions about the information contained in the DEIS. In short, St. Lucie County appears to receive many impacts from the project and no benefits. Moreover, it is the position of staff that the DEIS does not adequately address the impacts to the County. Staff recommended the Board send a letter to the Federal Rail Administration (FRA) outlining the concerns regarding the Draft Environmental Impact Statement and attach the series of comments prepared by staff as well as the below summary of Board requests from the Informal Meeting on November 18, 2014 at 11:00 a.m. Summary of the Informal Meeting requests were as follows: 1. Extend Final EIS process much as the Draft process had been done; 2. Seek consistency with the State's Transportation Plan as it applies to rail service; 3. Pass along letter to the FDOT and the consistency with the new North Bridge; 4. Submit documentation with the Regional Planning Council where it will go to the State clearing house and DOT will review it at that time; 5. Emphasize that Fort Pierce and St. Lucie Village were here "first" and "they would like to be more included in the Final EIS" as they were give "short shrift" in the draft; 6. Would like to have Florida Wildlife Commission weigh in on the environmental concerns and the permitting that has occurred; 7. Look into the right-of-way and ownership issues; 8. Reach out to our Legislative delegation; 9. Begin a pivot to working on our Plan B strategy; 10. Have an EIS done in St. Lucie County and, 11. Look into setting up a joint meeting with Martin and Indian River Counties to see if there is some combined effort that can occur within a joint meeting. Staff provided the address for any additional public comments to the FRA the public can write to Mr. John Winkle by December 3, 2014 to the below address: Mr. John Winkle Federal Railroad Administration 1200 New Jersey Avenue SE Room W38-311 Washington DC 20590 email to:AAF comments@vhb.com Commissioner Lewis opened the floor for Public Comment: Roland O'Brien, 21 Villa Del Norte, Fort Pierce - Pleased that the letter is being sent to the FRA. He commented on the "open forum" meetings stating they were "modified delphi" meeting meant to keep the public's input minimized. He stated his only request, along with County staff's hard work, is to have the public take the next two weeks to write to the FRA to get their comments out there because they were not heard at the open forums. Cl) w F- z 2 w F- LL 0 J 0 W a a a 17 1 Packet Pg. 35 Regular Meeting Tuesday, November 18, 2014 6:00 PM 4.2 C. 713 Commissioner Mowery asked for the Palm Beach County and Jupiter's thoughts were on the EIS and Jupiter Town Counselor, Todd Wodraska was asked to offer his opinion. Mr. Wodraska noted Jupiter also has a unique situation with a bridge being on the primary route which AAF has proposed. Jupiter has taken passed a resolution similar to what St. Lucie is about to do it seems. Commissioner Mowery asked if they were looking at a lawsuit and Mr. Wodraska answered that they are contemplating that and reviewing the information but nobody has moved forward with it that he is aware of. It was moved by Commissioner Johnson, seconded by Commissioner Dzadovsky to move forward with sending the letter to the Federal Rail Administration (FRA) outlining the concerns regarding the Draft Environmental Impact Statement and attach the series of comments prepared by staff as well as the summary of Board requests from the Informal Meeting on November 18, 2014 at 11:00 a.m., and; upon roll call, motion carried unanimously. RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5, Vice -Chair SECONDER: Chris Dzadovsky, District No. 1 AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery PUBLIC WORKS Bid Award - North 2nd Street Reconstruction at Port of Fort Pierce RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5, Vice -Chair AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery ADMINISTRATION 1. Board of County Commissioners Reorganization Follow Up County Attorney noted there were several Board appointments from the Reorganizational Meeting which were deferred to the evening meeting in order to enable staff to compile additional information. - Commissioner Johnson's appointment to the St. Lucie County Contractor's Certification Board is now VACANT. - No action needed for SFWMD Water Resources and Sustainability Advisory Committee; these committees no longer meet so no further action is necessary. - They are asking for volunteers but deferring action to a later date in December, perhaps December 16, 2014 to deal with the vacancies. This should give the Board enough time to gather applications and review them prior to appointments. He mentioned they currently have no applicants for the Central Florida Foreign Trade Zone, i» w E- z w U_ 0 J 0 o: a a a 18 1 Packet Pg. 36 Regular Meeting Tuesday, November 18, 2014 6:00 PM 4.2 Inc.; they have one that could be reappointed to the Code Enforcement Board but they planned to defer that decision until December in anticipation of receiving additional applications; Board could act on Charles James for the St. Lucie County Contractors Certification Board as it had been determined he is eligible to serve; Roger Hudspeth, it has been determined, does live in the county, they have not been able to contact him but have spoken with others who know him and looked at the Property Appraiser's website and determined he has a homestead in Port St. Lucie. There are other issues with Mr. Hudspeth and since they have not been able to speak with him they are not prepared to take action on his nomination at this time; Historical Commission, St. Lucie County Library Board and 2 positions with the Planning and Zoning Commission/Local Planning Agency expires 11/14 as well as two Vacant positions on the Treasure Coast Health Council to be filled at the December 16th Meeting. He noted Mr. Culverhouse is no longer eligible as has termed out and is no longer eligible for re-election. Commissioner Lewis noted since the St. Lucie County Contractors Board has an exam coming up in December so the Board should at least vote on that appointment. It was moved by Commissioner Dzadovsky, seconded by Commissioner Johnson to approve Charles James to the St. Lucie County Contractors Board since the position has expired and he has been deemed eligible, and; upon roll call, motion carried. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5, Vice -Chair AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery 2. Harbor Town Marina Dredging Agreement Commissioner Dzadovsky stated he would be in favor of approving the agreement if the staff places a spec item within the request for the owner to agree to the use of some sort of hydraulic dredge or something thereof other than the clam bucket so the turbidity levels remain low due to the contamination in the area and would avoid disturbing the sea grasses across from the Taylor Creek Area. A second request have large 20 yard dumpsters placed in the area where the muck could be placed by the dredge to avoid trucking the muck through the neighborhoods. Staff noted he had discussed the change with the consultant for the owner stating they had received bids comparing the two types of dredging and the costs were around $500,000 higher for the hydraulic versus clam bucket type due to the large amount of materials they estimate will be removed, roughly 12,000 cubic yards, thus accounting for the high cost for the use of the hydraulic dredge. Staff recommended pulling the item from the agenda to discuss with the owner. This item was pulled from the consent agenda prior to the Board vote. It was the consensus of the Board to continue the item to the next meeting. It has been continued to the December 2, 2014 agenda post -meeting per Public Works Department's request. i» w z w U_ 0 J 0 a IL a 19 1 P a g e Packet Pg. 37 4.2 Regular Meeting Tuesday, November 18, 2014 6:00 PM RESULT: TABLED [UNANIMOUS] Next: 12/2/2014 6:00 PM MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5, Vice -Chair AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery XI. ANNOUNCEMENTS 1. County offices will be closed on Thursday, November 27, 2014 and Friday, November 28, 2014 LU to observe Thanksgiving. Z 2. The Board of County Commissioners will hold an Informal Monthly meeting on Tuesday, w December 9, 2014 at 9:00 a.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL 34982. o J a 3. County offices will be closed on Thursday, December 25, 2014 and Friday, December 26, 2014 0 to observe Christmas. a IL a 4. County offices will be closed on Thursday, January 1, 2015 to observe New Years. XII. MOTION TO ADJOURN There being no further business to be brought before the Board, the meeting was adjourned. Please Note: Final minutes are recorded in the official minute books that are filed with the Clerk of the Circuit Court and available for inspection upon request. 20 1 Packet Pg. 38 TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Daniel S. McIntyre, County Attorney ITEM NO. RES-2014-212 DATE: 12/02/2014 *PROCLAMATIONS APPROVAL County Attorney Resolution proclaiming December 13, 2014 as "Feast of Santa Lucia Day"" in St. Lucie County, Florida marking the start of the 450th Anniversary year of the area first being named St. Lucie. It has been requested that this Board proclaim December 13, 2014 as "Feast of Santa Lucia Day" in St. Lucie County, Florida marking the start of the 450th Anniversary year of the area first being named St. Lucie. The attached resolution has been drafted for that purpose. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A COMMISSION ACTION: Coordination/Signatures "yy,/ttorney WjkV�P6yCnt�drninstqo- ani, 11/24/2014 ob bentkofsky,irat11/ 4/2014 Packet Pg. 39 I 6.a I RESOLUTION A RESOLUTION PROCLAIMING DECEMBER 13, 2014 AS "FEAST OF SANTA LUCIA DAY" IN ST. LUCIE COUNTY, FLORIDA MARKING THE START OF THE 45WH ANNIVERSARY OF THE AREA FIRST BEING NAMED ST. LUCIE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Historians believe that the name "St. Lucie" was first applied to this area by the Spanish 2. Pedro Menendez de Aviles was sent to Florida to expel the French and secure the coast for Spain. Menendez settled in St. Augustine and traveled down the east coast of Florida. On the Feast Day of Santa Lucia, December 13, 1565, the Spanish built a fort and named the fort and new area Santa Lucia, the name which endures to this day for our county. 3. This yearthe Feast Day of Santa Lucia, Saturday, December 13, 2014, will be celebrated bythe Gold & Treasure Coast Chapter of Slow Food at the downtown Fort Pierce Farmers' Market with a cooking contest of the traditional Spanish stew, "Cocido", which historians believe the Spanish would have prepared. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: This Board does hereby proclaim December 13, 1014, as "FEAST OF SANTA LUCIA DAY" in St. Lucie County, Florida. 2. This Board urges the citizens of St. Lucie County, and visitors alike, to join in the celebration on December 13, 2014. 3. This Board acknowledges our local history and urges residents and visitors to learn more about our diverse local history at the St. Lucie Regional Historical Museum and at monthly dinner presentations by the St. Lucie Historical Society. PASSED AND DULY ADOPTED this 2 n' day of December, 2014. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 40 7.3 ITEM NO. (ID # 2560) TO: PRESENTED BY: SUBMITTED BY: I•41I 1"F BACKGROUND: AGENDA REQUEST Board of County Commissioners DATE: 12/02/2014 *CONSENT AGENDA\COMMUNITY SERVICES Stefanie Myers, Resident Support Services Manager Resident Support Services Division Recognition of Students Enrolled in IRSC's Capstone Program (Public Administration Degree Program) In 2013, the National Forum for Black Public Administrators selected Corine Williams as one of fifteen proteges for its Mentorship program. Under the guidance of Faye Outlaw, Ms. Williams forged a partnership with the Indian River State College (IRSC) Public Administration Department (PA) to provide hands-on learning opportunities for graduating students. The three -credit required capstone course provides undergraduate students the chance to apply their education to a practical real life issue. As a culmination to their college experience, the capstone student incorporates skills, methodology, and knowledge taught throughout the undergraduate curriculum to complete a public project. Last year, the initial PA capstone included two students who were assigned to visit a specific department to learn first-hand about public policy planning, administration operations and attend a strategic budgeting workshop. The course was a great benefit to the County, the capstone students and the PA department. Earlier this year, the IRSC PA department lead director requested the continuation of this partnership with five capstone students. Under the direction of Robert Bentkofsky, Deputy County Administrator, the previous year's program was modified, allowing students to select from one of six modules depending on their area of interest. The modules were comprised of various departments with common functionality: • County Administration and Support Services • Legislative and Legal Affairs • Human Services (2 students) • Public Safety and Communications (2 students) • Public Works and Parks & Recreation (1 student) • Planning/Environmental Resources Packet Pg. 41 7.3 The five participating students selected a module and were assigned a project by the Department Director or Division Manager to complete in collaboration with County staff. The project assignments are as follows: Module Student Project Human Services Edlene Frederic - Kaeiser Transportation Resource Guide Wendy Urena- Zuniga Public Safety Richard 'Kyle' Cocchia Emergency Planning for Assisted Living Facilities Christopher Prieto Parks & Matthew Campbell Golf Course Marketing Plan Recreation PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff will present a brief overview of the Capstone Program, introduce and recognize the students who participated in the 2014 program and provide the Board with the work product developed by each student. COMMISSION ACTION: Coordination/Signatures ki... *2 ob entkofsky, Deputy C my Administratol 11/" 5/2014 Updated: 11/25/2014 1:14 PM by Bob Bentkofsky Page 2 Packet Pg. 42 FINDIANRiVERSTATE COLLEGE St. Lucie County O.C.0 & Indian River State College Public Policy /Administration Capstone Projects Fall 2014 Packet Pg. 43 COUNTY F L D R 1 D AL - A Capstone • 3-credit course — required for Bachelor's degree graduation 0 LO N *Minimum commitment of 24 hours Cn *Select module • Complete a Project addressing a local issue within identified module Packet Pg. 44 COUNTY F L D R 1 D A Orientation Department Orientation psf---- Application & Background Check Select Module FINDIANRiVERSTATE COLLEGE 1 Overview with Administration Identify & Complete Project Packet Pg. 45 COUNTY F L D R 1 D A 192M W,.r County Administration • Public Information • Management & Budget • Human Resources • Information Technology • Operations F.INDIANRiVERSTATE COLLEGE Module 2 L-Ji Legislative/Legal Affairs • County Commission • County Attorney • Criminal Justice • Property Acquisition Packet Pg. 46 COUNTY F L D R 1 D A Community Services • Resident Support Services (Social Services, Transit) • Housing • Library • Veterans F.INDIANRiVERSTATE COLLEGE Vlodu!&& Public Safety & Communications • Fire District • Emergency Management & Central Communications • Law Enforcement Packet Pg. 47 COUNTY F L D R 1 D A Mod uAp,.i " Public Works, Parks & Recreation • Parks and Recreation • Public Works o Engineering o Road and Bridge o Water Quality • Utilities A FINDIANRiVERSTATE COLLEGE Planning & Environmental M Resources 49 Environmental Permitting & Land Mgmt Cooperative Extension/Environmental Education Mosquito Control & Coastal Resource Mgmt Planning/Economic Development Solid Waste Packet Pg. 48 11/14/14 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #59- 08-NOV-2014 TO 14-NOV-2014 FUND SUMMARY FUND TITLE 001 General Fund 001512 Neighborhood Stabilization Program 001538 HUD Neighborhood Stab 3 001560 Section 112/MPO/FHWA/Planning 102 Unincorporated Services Fund 129 Parks MSTU Fund 184109 Fish & Wildlife Artificial Reef 401 Sanitary Landfill Fund 625 Law Library GRAND TOTAL EXPENSES 105,871.92 150.00 25.00 1,292.50 1,330.00 103,089.00 2,000.00 329,947.05 4,552.15 548,257.62 PAGE 1 I'i. a/ 14]at 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 co H Z Q 00 06 ti of ul) L d E M Z J r C M L L M 4-- M V E E �O♦ V 12 Packet Pg. 49 11/14/14 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #7 - 08-NOV-2014 TO 14-NOV-2014 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 372,264.03 0.00 001458 EMPA 2015 2,183.63 0.00 001534 Metropolitan Planning/Section 5303 606.68 0.00 001548 Emergency Mgt Preparedness 2013 726.29 0.00 001550 HUD Shelter Plus Care 4,169.00 0.00 001560 Section 112/MPO/FHWA/Planning 2,719.87 0.00 001561 Dept of Trans Safe Routes to School 719.33 0.00 001565 HUD Shelter Plus Chronic 10,355.00 0.00 001566 HUD Shelter Plus Care Grant 9,051.00 0.00 001567 DHS - CSBG FY 2015 1,374.45 0.00 101 Transportation Trust Fund 1,948.42 0.00 101002 Transportation Trust/80o Constitut 27,338.20 0.00 101003 Transportation Trust/Local Option 18,044.61 0.00 101004 Transportation Trust/County Fuel Tx 2,440.04 0.00 102 Unincorporated Services Fund 3,284.47 0.00 102001 Drainage Maintenance MSTU 1,342.61 0.00 102113 DEM Indian River Estates Drainage 5,983.82 0.00 107 Fine & Forfeiture Fund 118,324.52 0.00 107001 Fine & Forfeiture Fund -Wireless Sur 2,225.36 0.00 107003 Fine & Forfeiture Fund-800 Mhz Oper 340.00 0.00 107006 F&F Fund -Court Related Technology 692.54 0.00 115 Sheraton Plaza Fund 631.53 0.00 118 Paradise Park Fund 874.72 0.00 121 Blakely Subdivision Fund 88.38 0.00 129 Parks MSTU Fund 1,728.73 0.00 130 SLC Public Transit MSTU 189.10 0.00 130216 FDOT Park and Ride Improvement 49,384.66 0.00 140 Airport Fund 1,440.56 0.00 140001 Port Fund 3,366.89 0.00 160 Plan Maintenance RAD Fund 117.87 0.00 183 Ct Administrator-19th Judicial Cir 2,294.85 0.00 183001 Ct Administrator-Arbitration/Mediat 180.00 0.00 183004 Ct Admin.- Teen Court 3,128.25 0.00 189109 Home Consortium 2013 250.00 0.00 189203 Hardest Hit fund Advisor Services 14.00 0.00 190 Sports Complex Fund 64,936.72 0.00 216 County Capital I&S 1,202.00 0.00 310001 Impact Fees -Library 3,762.49 0.00 316001 5th Cent Fuel -Capital 8,043.95 0.00 401 Sanitary Landfill Fund 180,869.00 0.00 418 Golf Course Fund 18,879.28 0.00 451 S. Hutchinson Utilities Fund 11,612.80 0.00 471 Water & Sewer District Operations 75,846.09 0.00 491 Building Code Fund 160.50 0.00 505 Health Insurance Fund 157,468.85 0.00 505001 Risk Management Fund 1,938.62 0.00 505002 Health Insurance Administration 270.54 0.00 611 Tourist Development Trust-Adv Fund 1,697.23 0.00 GRAND TOTAL: 1,176,511.48 0.00 74 Packet Pg. 50 11/21/14 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #8 - 15-NOV-2014 TO 21-NOV-2014 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 530,788.12 496,750.21 001457 FCTD Planning Grant 213.55 303.42 001458 EMPA 2015 8,370.70 0.00 001512 Neighborhood Stabilization Program 241.98 117.71 001534 Metropolitan Planning/Section 5303 211.28 3,380.76 001538 HUD Neighborhood Stab 3 750.00 3,233.53 001544 CDBG Disaster Recov Enhanc Prog 88,845.67 21.67 001550 HUD Shelter Plus Care 62.19 145.70 001560 Section 112/MPO/FHWA/Planning 8,894.92 7,675.81 001561 Dept of Trans Safe Routes to School 28.42 946.99 001565 HUD Shelter Plus Chronic 0.00 267.22 001566 HUD Shelter Plus Care Grant 114.94 267.24 001567 DHS - CSBG FY 2015 37.50 387.41 H 001568 Supp Svcs Veterans Families 2015 1,495.44 412.64 Q 101 Transportation Trust Fund 0.00 38,931.15 101001 Transportation Trust Interlocals 0.00 1,341.60 Q 101002 Transportation Trust/80o Constitut 17,119.59 47,650.98 101003 Transportation Trust/Local Option 1,095.72 15,069.89 00 101004 Transportation Trust/County Fuel Tx 75.00 16,678.34 06 102 Unincorporated Services Fund 514.00 58,638.22 ti 102001 Drainage Maintenance MSTU 70,368.75 14,601.34 0 102114 Citrus & Saeger Strmwtr Treatment 0.00 5,039.73 i 102813 White City Drainage Citrus & Saeger 65.70 138.76 104003 Hurricane Frances Donations 636.50 0.00 E 107 Fine & Forfeiture Fund 172,806.78 183,588.44 M z 107001 Fine & Forfeiture Fund -Wireless Sur 18,179.55 1,029.23 4� 107002 Fine & Forfeiture Fund-E911 Surchar 0.00 1,029.23 A 107003 Fine & Forfeiture Fund-800 Mhz Oper 4,271.79 0.00 107005 F&F Fund -Legal Aid 9,294.75 0.00 M 107006 F&F Fund -Court Related Technology 13,396.38 6,719.63 M 113 Harmony Heights 3 Fund 232.83 0.00 114 Harmony Heights 4 Fund 568.18 0.00 116 Sunland Gardens Fund 623.03 0.00 0 117 Sunrise Park Fund 142.63 0.00 V 119 Holiday Pines Fund 843.55 0.00 a 123 Queens Cove Lighting Dist#13 Fund 390.53 0.00 E 127 Pine Hollow Street Lighting MSTU 503.81 0.00 0 128 Kings Hwy Industrial Park Lighting 625.48 0.00 0 130 SLC Public Transit MSTU 310.09 2,212.06 130114 FTA 5307 FY 2013 0.00 1,151.20 130118 FTA 5317 FY13/14 New Freedom 680.76 0.00 131 Property Cleanup SAD 74.00 0.00 136 Monte Carlo Lighting MSTU#4 Fund 2,307.43 0.00 138 Palm Lake Gardens MSTU Fund 316.17 0.00 140 Airport Fund 11,265.13 11,149.82 140001 Port Fund 7,148.80 0.00 140370 Taylor Creek Dredging -Phase 2 27,497.50 0.00 160 Plan Maintenance RAD Fund 5,493.72 1,652.06 123 Packet Pg. 51 11/21/14 FZABWARR FUND TITLE 183 183001 183004 185015 187 189108 189109 190 310006 362 401 418 451 458 471 478 479 491 505 505001 505002 611 625 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #8 - 15-NOV-2014 TO 21-NOV-2014 FUND SUMMARY Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court FHFC SHIP 2014-2015 Boating Improvement Projects Home Consortium 2012 Home Consortium 2013 Sports Complex Fund Impact Fees -Transportation Sports Complex Improv Fund Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Water & Sewer District Operations Water & Sewer District R&R Water & Sewer Dist. -Cap Facilities Building Code Fund Health Insurance Fund Risk Management Fund Health Insurance Administration Tourist Development Trust-Adv Fund Law Library Bank Fund GRAND TOTAL: EXPENSES 3,758.48 100.00 1,653.97 0.00 26,953.45 0.00 0.00 16,634.26 18.47 5,000.00 962,367.07 16,607.79 41,167.38 0.00 76,746.75 0.00 0.00 0.00 181,057.46 45,905.11 65.00 2,969.78 908.00 46,454.85 2,435,270.68 PAGE 2 PAYROLL 3,557.35 0.00 3,275.73 108.38 0.00 465.09 644.34 17,415.39 0.00 0.00 75,073.60 18,439.13 6,367.41 678.85 9,508.55 1,292.51 1,278.48 27,825.69 0.00 2,667.89 2,987.17 2,487.78 0.00 0.00 1,094,605.33 124 Packet Pg. 52 ITEM NO. (ID # 2566) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Howard Tipton, County Administrator Administration DATE: 12/02/2014 *CONSENT AGENDA\ADMINISTRATION St. Lucie County Legislative Issue Request- State Support for the Life Sciences in Florida The State of Florida along with local counties, cities, and other investors have invested more than $1 billion to create a biotechnology and life sciences industry that includes research institutions like Scripps Florida, Sanford -Burnham Medical Research Institute, Torrey Pines Institute for Molecular Studies, Inc., , and VGTI. These institutions, while initially low in the number of jobs created, were seen as long term investments with a substantial rate of return that would strategically position Florida as a world leader in 215t century research and development. The National Institute of Health funding model in place at the time was a critical component of the financial viability of these companies, a funding model that has now changed due to federal budget reductions. The financial needs of these research institutions, at least in the short run, are well beyond what local governments and communities can support. St. Lucie County agreed to provide $1.25 million annually over an eight year period to Torrey Pines pursuant to a February 21, 2007 funding agreement. The City of Port St. Lucie has made substantially higher financial commitments to both Torrey Pines and VGTI which are located within its municipal boundaries. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends state financial support for Florida's biotechnology and/or life science businesses that will allow them to continue to develop and implement new business plans that will likely include collaboration/merger with Florida's higher educational institutions. Packet Pg. 53 Staff recommends state support for increased funding for Florida universities interested in biotechnology and/or life sciences collaboration/mergers. COMMISSION ACTION: Coordination/Signatures anie s. McIntyre, C my ttorney 11/26/2014 Bob bentkofsky, Deputy &C(,Zty �Aidministjrato,irl�/2014 Updated: 11/26/2014 3:24 PM by Kelly Phelan Page 2 Packet Pg. 54 8.D.1 ITEM NO. RES-2014-213 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: 4113IX4is BACKGROUND: DATE: 12/02/2014 *CONSENT AGENDA\COMMUNITY SERVICES Stefanie Myers, Resident Support Services Manager Resident Support Services Division Federal Transit Administration (FTA) 5311 Grant - Acceptance of Grant The FTA Non -Urbanized Area Annual Formula Program (Section 5311) provides operating and capital assistance to eligible recipients that operate/contract public transportation services for non -urbanized rural and small urban areas. The grant funds are provided to the state and then distributed by the Florida Department of Transportation (FDOT) and can be used over a five-year period. The allocated amount for this year is $55,188, requiring a local match of $55,188 that is provided by various Federal, State and local funding sources, including the Transit Municipal Services Taxing Unit. The total assistance will be $110,376. Council on Aging of St. Lucie County Inc./Community Transit (CT) will be the subrecipient as the local transit provider. PREVIOUS ACTION: N/A FINANCIAL IMPACT: These grant funds were not confirmed prior to the approval of the FY15 budget. A budget needs to be established in order to spend these funds. 50% matching funds of $55,188 are appropriated in the Transit Muncipal Services Taxing Unit and other local funding sources. See associated item for Budget Resolution. RECOMMENDATION: Staff recommends Board acceptance of the FY15 FTA 5311 grant in the amount of $110,376 (FM# 407185- 2-84-01); approval of the Resolution and subgrant agreement; and authorization for the Chair to sign documents, as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 55 8.D.1 Coordination/Signatures 6yd2er, Community Services Dir r 11/19/2014 Z Heather Young, Asst. County Attorney al/20/2014 g6,b6,,tkf,�-,Depu6COTT-nty Administrate �dlrljO/�,2014 Updated: 11/24/2014 3:50 PM by Kelly Phelan Page 2 Packet Pg. 56 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT PUBLIC T 8.D.1.a OGC - 1114 Pape 1 of 14 Financial Project No.: 407185-2-84-01 (item-seg ment-phase-seq uence) Contract No.: CFDA Number: 20.509 CFDA Title: Fund: DU Function: 215 Federal No.: FL-18-XO34 DUNS No.: 80-939-7102 Agency DUNS No.: FLAIR Approp.: 088774 FLAIR Obj.: 790004 Org. Code: 55042010429 Vendor No.: VF596000835079 CSFA Number: CSFA Title: THIS AGREEMENT, made and entered into this day of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and St. Lucie Board of County Commissioners 2300 Virginia Avenue, Fort Pierce, Florida, 34982 hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed on or before 12/31/2019 and this Agreement will expire unless a time extension is provided in accordance with Section 16.00. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under , Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is To provide funding assistance to St. Lucie County for a non -urbanized area public transportation project consisting of operating assistance for a public transportation system as authorized under Section 5311 of the Federal Transit Administration's Program, 49 U.S.C. 5311. a a and as further described in Exhibit(s) A,B,C & D attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. Packet Pg. 57 PUBLIC OGC - 1114 Pape 2 of 14 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. The Department has the option to require an activity report on a quarterly basis. The activity report will include details of the progress of the project towards completion. 3.00 Project Cost: The total estimated cost of the project is $ 110,376.00 . This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 55,188.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility : Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in Section 15.00 of this Agreement; Approval of all plans, specifications, contracts or other obligating documents as required by the Department, and all other terms of this Agreement; (c) Department approval of costs in excess of the approved funding or attributable to actions which have not received the required approval of the Department and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. a 4.20 Front End Funding : Front end funding ❑ is 0 is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as r shown in paragraph 4.00. LO Packet Pg. 58 PUBLIC 8•D.1.a OGC - 1114 Pape 3 of 14 5.00 Project Budget and Payment Provisions: 5.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement, or Amendment thereto, and is approved by the Department Comptroller. 5.20 Payment Provisions: Unless otherwise allowed, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 6.00 Accounting Records: 6.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Records of costs incurred under terms of this Agreement shall be maintained in the project account and made available upon request to the Department at all times during the period of this Agreement and for five (5) years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project records, together with supporting documents and records, of the Agency and all sub -consultants performing work on the Project and all other records of the Agency and sub -consultants considered necessary by the Department for a proper audit of costs. If any litigation, claim, or audit is started before the expiration of the five (5) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 6.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 6.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 6.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 6.60 Audit Authority: In addition to the requirements below, the Agency agrees to comply and cooperate with any Q inspections, reviews, investigations, or audits deemed necessary by the Department, Florida's Chief Financial Officer or d Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement r for a period of five years from the date the audit report is issued, and shall allow the Department access to such records M and working papers upon request. The following requirements do not limit the authority of the Department to conduct or uO arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. u_ The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "D" attached hereto and by this reference made a part hereof this Agreement. Packet Pg. 59 PUBLIC 8•D.1.a OGC - 1114 Pape 4 of 14 6.61 Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 as revised and Section 215.97, Florida Statutes, (see "Audits" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A-133 as revised, and/or other procedures. The Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the Agency is appropriate, the Agency agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FDOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. 6.62 Audits: Part I Federally Funded: If the Agency is a state, local government, or non-profit organizations as defined in OMB Circular A-133 and a recipient of federal funds, the following annual audit criteria will apply: 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Exhibit "D" to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, Paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133. 3. If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the provisions of OMB Circular A-133, is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from resources obtained from other than Federal entities. 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part II State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and a recipient of state funds, the following annual audit criteria will apply: 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, the recipient must have a State single or project -specific audit for such fiscal year in accordance c with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters N 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. w Exhibit "D" to this agreement indicates state financial assistance awarded through the Department by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state Q financial assistance, including state financial assistance received from the Department, other state agencies, and other d nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources r received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, Paragraph 1., the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and 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 the amount in Part II, Paragraph 1., such audit is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources obtained from nonstate entities. 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. Packet Pg. 60 PUBLIC 8•D.1.a OGC - 1114 Pape 5 of 14 Part III Other Audit Requirements 1. The Agency shall follow-up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. 2. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV Report Submission Copies of reporting packages for audits conducted in accordance with OMB Circular A-133 as revised, as revised, and required by Section 6.62 Part I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133 as revised, by or on behalf of the recipient directly to each of the following: A. The Department at the following address: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit@dot.state.fl.us B. The number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133 as revised, submitted to the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133 as revised. In the event that a copy of the reporting package for an audit required by Section 6.62 Part I of this Agreement and conducted in accordance with OMB Circular A-133 as revised is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133 as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: Florida Department of Transportation Office of Comptroller, MS 24 d 605 Suwannee Street r Tallahassee, Florida 32399-0405 M Email: FDOTSingleAudit@dot.state.fl.us uO In addition, pursuant to Section .320 (f), OMB Circular A-133 as revised, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133 as revised, and any management letters issued by the auditor, to the Department at the following address: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit@dot.state.fl.us Packet Pg. 61 PUBLIC 8•D.1.a OGC - 1114 Pape 6 of 14 3. Copies of financial reporting packages required by Section 7.62 Part II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at the following address: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit@dot.state.fl.us B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the management letter required by Section 6.62 Part III of this Agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at the following address: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit@dot.state.fl.us 5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133 as revised, 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. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 as revised or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Agency in correspondence accompanying the reporting package. 6.63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the C1 independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General N w upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the W Department. a a 6.64 Other Requirements: If an audit discloses any significant audit findings related to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the M Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate uO such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. u_ 6.65 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. The Department may waive or modify this section as appropriate. 7.00 Requisitions and Payments: Packet Pg. 62 PUBLIC 8•D.1.a OGC - 1114 Pape 7 of 14 7.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Four Public Transportation Office 3400 W. Commercial Blvd Ft. Lauderdale , FL, 33309 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (as defined in Paragraph 6.10 hereof) to justify and support the payment requisitions. 7.11 The Agency shall provide the following quantifiable, measurable and verifiable units of deliverables as established in Exhibit "A". Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. 7.12 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof, based on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit "A". Deliverables must be received and accepted in writing by the Department's Project Manager prior to payments. 7.13 Supporting documentation must establish that the deliverables were received and accepted in writing by the Department and that the required minimum level of service to be performed based on the criteria for evaluating successful completion as specified in Section 2.00 and Exhibit "A" has been met. 7.14 Invoices for any travel expenses by the Agency shall be submitted in accordance with Chapter 112.061, F.S., and shall be submitted on the Department's Travel Form No. 300-000-01. The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S. 7.15 For real property acquired, submit; (a) the date the Agency acquired the real property, (b) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (c) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 7.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 7.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 7.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; Q d 7.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under r r this agreement, requires the approval of the Department or has made related expenditures or incurred related LO obligations without having been advised by the Department that same are approved; Q 7.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; 7.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. or 7.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all federal financial assistance as detailed in Exhibit "B." Packet Pg. 63 PUBLIC 8•D.1.a OGC - 1114 Pape 8 of 14 7.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, after the expiration date of this Agreement, costs which are not provided for in the latest approved scope and budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved by the Department and costs invoiced prior to receipt of annual notification of fund availability. 7.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 8.00 Termination or Suspension of Project: 8.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in Sections 7.21 to 7.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 8.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 8.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S. and made or received in conjunction with this Agreement. 9.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 10.00 Contracts of the Agency: 10.10 Third Party Agreements: The Department specifically reserves the right to review and approve any and all third Q d party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of Department funds, including consultant, purchase of commodities contracts or amendments thereto. If the r Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such LO approval, that shall be sufficient cause for nonpayment by the Department as provided in Section 7.23. The Department < specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or u_ disapprove the employment of the same. If Federal Transit Administration (FTA) funds are used in the project, the r Department must exercise the right to third party contract review. N 10.20 Procurement of Personal Property and Services Packet Pg. 64 PUBLIC 8•D.1.a OGC - 1114 Pape 9 of 14 10.21 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287.055, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall o certify to the Department that selection has been accomplished in compliance with Chapter 287.055 F.S., the Consultants' Competitive Negotiation Act. 04 10.22 Procurement of Commodities or Contractual Services: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves the purchase of commodities or contractual services or the purchasing of capital equipment or the constructing and equipping of facilities, which includes engineering, design, and/or construction activities, where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Chapter 287.017 F.S., is contingent on the Agency complying in full with the provisions of Chapter 287.057 F.S. The Agency's Attorney shall certify to the Department that the purchase of commodities or contractual services has been accomplished in compliance with Chapter 287.057 F.S. It shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", or that is not consistent with the project description and scope of services contained in Exhibit "A" must be approved by the Department prior to Agency execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department as provided in Section 7.23. 10.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 10.31 DBE Policy: The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.) 10.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed under this section to the Department within 30 days of receipt by the Agency. 11.00 Restrictions, Prohibitions, Controls, and Labor Provisions: Q d 11.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall r not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national c i origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated `n during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but F_ not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. c The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its N contracts in connection with the development or operation of the project, except contracts for standard commercial c supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except m E subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, t U demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to r r employees and applicants for employment for project work, notices to be provided by the Department setting forth the Q provisions of the nondiscrimination clause. Packet Pg. 65 PUBLIC 8•D.1.a OGC - 1114 Paqe 10 of 14 11.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, T_ et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the C Agency pursuant thereto. ado N to 00 11.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601,et c seq., which among other things, prohibits discrimination in employment on the basis of race, color, national origin, creed, LL sex, and age. r c L 11.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement 0 constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et. r_ 0 seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. r_ 11.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the project a or any property included or planned to be included in the project, with any officer, director or employee of the Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's M spouse or child, or any combination of them, has a material interest. Q "Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any N business entity. 0 E The Agency shall not enter into any contract or arrangement in connection with the project or any property included or j planned to be included in the project, with any person or entity who was represented before the Agency by any person c who at any time during the immediately preceding two years was an officer, director or employee of the Agency. Z LO T_ The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal >_ depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any u- agreement between the Agency and an agency of state government. M LO 11.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the Q United States, or the State of Florida legislature, shall be admitted to any share or part of the Agreement or any benefit LL arising therefrom. ' Y) u.l 12.00 Miscellaneous Provisions: W M 12.10 Environmental Regulations: Execution of this Joint Participation Agreement constitutes a certification by the N Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance N with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the w Department for any loss incurred in connection therewith. 12.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder Q d to any party other than the Agency. r r M 12.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any LO payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any < default which may then exist, on the part of the Agency, and the making of such payment by the Department while any u_ Iq such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. N Packet Pg. 66 PUBLIC 8•D.1.a OGC - 1114 12.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is Page 11 of 14 held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 12.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 12.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 12.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 12.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 12.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 12.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the ce performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen N (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency c defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency N of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. w The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses Q at trial. d Packet Pg. 67 PUBLIC OGC - 1114 Paqe 12 of 14 13.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, where plans and specifications have been developed, the Agency shall provide an Engineer's Certification that certifies project compliance as listed below, or in Exhibit "C" if applicable. For the plans, specifications, construction contract documents, and any and all other engineering, construction, and contractual documents produced by the Engineer, hereinafter collectively referred to as "plans", the Agency will certify that: a. All plans comply with federal, state, and professional standards as well as minimum standards established by the Department as applicable; b. The plans were developed in accordance with sound engineering and design principles, and with generally accepted professional standards; c. The plans are consistent with the intent of the project as defined in Exhibits "A" and "B" of this Agreement as well as the Scope of Services; and d. The plans comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations. Notwithstanding the provisions of this paragraph, the Agency, upon request by the Department, shall provide plans and specifications to the Department for review and approvals. 14.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 15.00 Appropriation of Funds: 15.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 15.20 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 16.00 Expiration of Agreement: The Agency agrees to complete the project on or before 12/31/2019 If the Agency does not complete the project within this time period, this Agreement c will expire unless an extension of the time period is requested by the Agency and granted in writing by the N Director of Transportation Development . Expiration of this Agreement will be considered termination w of the project and the procedure established in Section 8.00 of this Agreement shall be initiated. 16.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days d after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 17.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 18.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 19.00 Restrictions on Lobbying: Packet Pg. 68 PUBLIC 8•D.1.a OGC - 1114 Paqe 13 of 14 19.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, o loan or cooperative agreement. 0 If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting N 00 to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an c employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers r c L (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. p 19.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state r c agency. N c 20.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the F- Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to m inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. Q The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected N and approved. L If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition to p the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, Z as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. LO Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. u_ The invoice payment requirements do not start until a properly completed invoice is provided to the Department. u- r A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual M LO include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the Division of Consumer Services u_ at 1-877-693-5236. m 21.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 22.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid d on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for r the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, M may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public LO entity, and may not transact business with any public entity. u_ 23.00 E-Verify: r 0 N Vendors/Contractors: m E 1. shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and r Q 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. Packet Pg. 69 PUBLIC 8•D.1.a OGC - 1114 Paqe 14 of 14 IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY St. Lucie Board of County Commissioners AGENCY NAME SIGNATORY (PRINTED OR TYPED) SIGNATURE TITLE FDOT See attached Encumbrance Form for date of Funding Approval by Comptroller LEGAL REVIEW DEPARTMENT OF TRANSPORTATION Gerry O'Reilly DEPARTMENT OF TRANSPORTATION Director of Transportation Development TITLE a a Packet Pg. 70 Financial Project No. 407185-2-84-01 8.D.1.a Contract No. Agreement Date EXHIBIT "A" PROJECTS DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie Board of County Commissioners 2300 Virginia Avenue, Fort Pierce, FL 34982 referenced by the above Financial Project Number. PROJECT LOCATION: St. Lucie County BCC PROJECT DESCRIPTION: To provide funding assistance to St. Lucie County for a non -urbanized area public transportation project consisting of operating assistance for a public transportation system as authorized under Section 5311 of the Federal Transit Administration's Program, 49 U.S.C. 5311. SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 6.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. Deliverables: 1. The Agency shall submit quarterly progress reports via TransCIP, the web -based state grant management software, by logging into WWW.transcip.com, and clicking on the "Quarterly Report" tab. 2. The Agency shall submit an invoice on the project at least every calendar quarter or as they may specify in an email to the Department's Project Manager. This email must be provided in the invoice packet provided to the Department. The Agency shall include two (2) invoice hard copies of the back-up and one in TransCIP, and three (3) original Invoice Summary Sheets. Please refer to JPA Sections 5.0 and 6.0, for correct payment provisions. Contact the Department's Project Manager for any additional questions before invoicing. 3. The Agency shall upload annual farebox report to TransCIP under the Library tab to the Agency's Fare Box Documents. 4. The Agency shall submit DBE reports via TransCIP semi annually. 5. Funds shall be used for public transit services in non -urbanized areas. For agencies whose service area includes both urbanized and non -urbanized areas, special care shall be taken to ensure funding is not inappropriately applied to urbanized area service. Agencies must develop a method of allocating costs between urbanized and non -urbanized area service. This can be based on passengers, route maps or other records or methods. SPECIAL CONSIDERATIONS BY DEPARTMENT: a a Packet Pg. 71 Financial Project No. 407185-2-84-01 8.D.1.a Contract No. Agreement Date EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie Board of County Commissioners 2300 Virginia Avenue, Fort Pierce, FL 34982 referenced by the above Financial Project Number. I. PROJECT COST: $110,376.00 TOTAL PROJECT COST: $110,376.00 II. PARTICIPATION: Maximum Federal Participation FTA ( 0 %) or $ 0.00 Agency Participation In -Kind ( %) or $ Cash ( 50 %) or $ 55,188.00 Other ( %) or $ Maximum Department Participation, Primary DU ( 50 %) or $ 55,188.00 Federal Reimbursable ( %) or $ Local Reimbursable ( %) or $ TOTAL PROJECT COST: $110,376.00 M LO a H u_ W M N 4 O N N W a a r r M LO a u_ r O N C N E t V R r r Q Packet Pg. 72 Financial Project No. 407185-2-84-01 8.D.1.a Contract No. Agreement Date EXHIBIT "C" (Section 5311) This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie Board of County Commissioners 2300 Virginai Avenue, Fort Pierce, FL 34982 referenced by the above Financial Project Number. This Agreement is in conformance with Section 5311 of the Federal Transit Act of 1991, as amended (49 U.S.C. app. ' 5311) and Section 341.051(1)(a) Florida Statutes. The Section 5311 subrecipient shall establish and implement anti -drug and alcohol misuse prevention programs in accordance with the terms of 49 CFR part 655. The Section 5311 subrecipient shall ensure adherence with all federally required certifications and assurances made in its application to the Department for Section 5311 funds. The Section 5311 subrecipient shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between the FDOT and FTA, as they may be amended or promulgated from time to time during the term of this contract. Failure to so comply shall constitute a material breach of this contract. The Section 5311 subrecipient assures the project will be completed in accordance with all applicable requirements imposed by or issued pursuant to 49 U.S.C. 5332, 42 U.S. C. 2000d, and 49 CFR part 21, and understands that this assurance extends to its entire facility and to facilities operated in connection with the project. The Section 5311 subrecipient agrees to comply with 49 U.S.C. 5323(d) and 49 CFR Part 604, which provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except under one of the exceptions at 49 CFR 604.9. Any charter service provided under one of the exceptions must be "incidental," i.e., it must not interfere with or detract from the provision of mass transportation. Pursuant to 69 U.S.C. 5323(f) and 49 CFR Part 605, the Section 5311 subrecipient of FTA assistance may not engage in school bus operations exclusively for the transportation of students and school personnel in competition with private school bus operators unless qualified under specified exemptions. When operating exclusive school bus service under an allowable exemption, subrecipients may not use federally funded equipment, vehicles, or facilities. a The Section 5311 subrecipient agrees to comply with Buy America requirements outlined in 49 U.S.C. 53230) and 49 CFR Part 661, if using the funds granted under this agreement for rolling stock purchases. The recipient also agrees r r to comply with the pre -award and post delivery requirements outlined in 49 CFR 661.12. LO The Section 5311 subrecipient agrees to comply with all applicable standards, orders or regulations issued pursuant to u_ the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 if the agreement exceeds $100,000. r O The Section 5311 subrecipient agrees to comply with the requirements pursuant to Byrd Anti -Lobbying Amendment, N 31 U.S.C. 1352(b)(5) and 49 CFR Part 19, Appendix A, Section 7. CD If this agreement is for a construction project over $100,000 the recipient must adhere to FTA's bonding requirements as outlined in the Best Practices Procurement Manual. a r r Q The 5311 subrecipient agrees to comply with applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. 7401 if this agreement exceeds $100,000. Packet Pg. 73 8.D.1.a EXHIBIT "C" (Section 5311) The 5311 subrecipient agrees to comply with all the requirement of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (49U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. The 5311 subrecipient agrees to comply with the Davis -Bacon and Copeland Anti -kickback acts as codified at 40 U.S.C. 3141 and 18 U.S.C. 874 for any agreement exceeding $2,000. For any contract over $2,000 the 5311 subrecipient agrees to comply with the Contract Work Hours and Safety Standards Act codified at 40 U.S.C. 3701. The 5311 subrecipient agrees to comply with the Transit Employee Protective Agreements as codified in 40 U.S.C. 5311 and 29 CFR Part 215. The 5311 subrecipient shall not perform any act, fail to perform any act, or refuse to comply with any FDOT requests which would cause the 5311 subrecipient to be in violation of the FTA terms and conditions. In accordance with Florida Statute 341.061, and Rule 14-90, Florida Administrative Code, the Agency shall submit, and the Department shall have on file, an annual safety certification that the Agency has adopted and is complying with its adopted System Safety and Security Program Plan pursuant to Rule 14-90 and has performed annual safety inspections of all buses operated. The agency shall require the independent auditor, retained to perform the audit as required by the Office of Management (OMB) Circular A-133 and/or the Florida Single Audit Act, 215.97 F.S., to specifically test and certify that services funded by the program were provided in non -urbanized areas, that there was no restriction on public use, and that the State and Federal share of eligible costs did not exceed amounts specified in the approved project budget (Exhibit B). a a Packet Pg. 74 8.D.1.b RESOLUTION NO. 14-X A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT (FINANCIAL PROJECT NO. 407185-2- 84-01) TO PROVIDE FUNDING ASSISTANCE TO ST. LUCIE COUNTY FOR A NON - URBANIZED AREA PUBLIC TRANSPORTATION PROJECT CONSISTING OF OPERATING ASSISTANCE FOR A PUBLIC TRANSIT SYSTEM AS AUTHORIZED UNDER SECTION 5311 OF THE FEDERAL TRANSIT ADMINISTRATION'S PROGRAM, 49 U.S.0 5311 AND AUTHORIZING THE CHAIR TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Department of Transportation has awarded the County funding assistance for a non -urbanized area public transportation system (Financial Project No. 407185-2-84-01). 2. The Board should authorize and approve execution of the Public Transportation Joint Participation Agreement with the State of Florida Department of Transportation for the above -referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida- 1 . The Board hereby accepts and approves the Public Transportation Supplemental Joint Participation Agreement with the State of Florida (Financial Project No. 407185-2-84-01) to provide funding TO PROVIDE FUNDING ASSISTANCE TO ST. LUCIE COUNTY FOR A NON -URBANIZED AREA PUBLIC TRANSPORTATION PROJECT CONSISTING OF OPERATING ASSISTANCE FOR A PUBLIC TRANSIT SYSTEM AS AUTHORIZED UNDER SECTION 5311 OF THE FEDERAL TRANSIT ADMINISTRATION'S PROGRAM, 49 U.S.0 5311. 2. The Board hereby authorizes the Chair to execute the above -referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. Packet Pg. 75 8.D.1.b After motion and second, the vote on the resolution was as follows: Chair Paula Lewis Vice -Chair Kim Johnson Commissioner Chris Dzadovsky Commissioner Frannie Hutchinson Commissioner Tod Mowery PASSED AND DULY ADOPTED this 2 day of December 2014. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 2 Packet Pg. 76 8.D.1.c SUBGRANT AGREEMENT FM NO. 407185-2-84-01 THIS SUBGRANT AGREEMENT, made this day of , 2014, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "County," and COUNCIL ON AGING OF ST. LUCIE, INC., a Florida nonprofit corporation, or its successors, executors, administrators, and assigns, hereinafter called the "Recipient." IN CONSIDERATION of the mutual benefits received by each part, the parties a mutually agree as follows: 0 N 1. The County shall disperse to the Recipient a subgrant in a total amount not to exceed one hundred ten thousand three hundred seventy-six and no/100 dollars ($110,376), hereinafter referred to as the "Grant Agreement". Of this amount, fifty-five r_ thousand one hundred eighty-eight and 00/100 ($55,188) will be from the Florida Z Department of Transportation, and fifty-five thousand one hundred eighty-eight andLO 00/100 ($55,188) from other such eligible transit funding sources as may be available. U_ The Recipient shall use the funds dispersed pursuant to this Agreement for operation of r non -urbanized area public transit services called the "Project." The Recipient shall submit LO requests for payment to the County in a form acceptable to the County and in accordance < with the terms and conditions of this Agreement. U_ 2. The subgrant shall be used only as set forth in this Agreement. The Recipient w further agrees to comply with the terms and conditions of any Joint Participation Agreement between the County and the Florida Department of Transportation pursuant to which the County receives funding for the Project, including but not limited to audit and safety certification requirements. A County property record number shall be affixed to any N equipment purchased with the subgrant funds at a cost of one thousand and 00/100 w dollars ($1,000) or more. The Recipient agrees to coordinate with the County W OMB/Purchasing Director in the purchase of any equipment pursuant to this Agreement. 3. The Recipient shall have internal controls adequate to safeguard the subgrant. 4. If the subgrant cannot be used or a subsequent audit reveals the subgrant 0 was not used according to this Agreement, any money not so used shall be reimbursed r to the County. LO 5. The Recipient shall provide an audit, by a certified or duly licensed public accountant, of the expenditure of monies disbursed pursuant to this Agreement. In the U.- alternative and subject to prior written approval of the County Budget and Management o Director, the Recipient may submit qualifying paid invoices in lieu of a certified audit. In N addition, the Recipient shall provide the County with a copy of the Recipient's annual audit for each fiscal year during which the Recipient expends funds received pursuant to N this Agreement. The Recipient shall submit all documents required under this paragraph w within ninety (90) days after the end of its last fiscal year during which funds are expended under this Agreement. a Packet Pg. 77 8.D.1.c 6. The Recipient gives the County the right, until the expiration of three (3) years after expenditure of funds under this Agreement, to audit the use of the subgrant 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 subgrant 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 Recipient is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the County shall in no way be responsible for such acts or omission. The Recipient shall and will indemnify and hold harmless the County from and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out or in any way connected with the use, occupations, administration or control of the above described services by the Recipient or its agents, employees, customers, patrons or invitee, or resulting from injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement. The Recipient hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 8. The Recipient agrees to comply with all local, state and federal laws, rules and regulation, the terms of this Agreement. 9. All publications, media productions and exhibit graphics shall include the following statement: Sponsored in part by the Board of County Commissioners, St. Lucie County, Florida. 10. The Recipient 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 Recipient in conjunction with this Agreement. Specifically, the Recipient shall: (a). 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 Recipient in conjunction with this Agreement. (b). Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. (c). 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. (d). Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (e). 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 Packet Pg. 78 8.D.1.c of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology system of the County. 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: St. Lucie County Administrator Administration Annex 2300 Virginia Avenues, 3rd Floor Fort Pierce, Florida 34982 Ir�)r�71�:�xyl�l�►��l President/CEO Council on Aging of St. Lucie, Inc. 2501 SW Bayshore Blvd. Port St. Lucie, Florida 34984 WITH COPY TO: St. Lucie County Attorney Administration Annex 2300 Virginia Avenues, 3rd Floor Fort Pierce, Florida 34982 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. If the County currently provides or subsequently provides any forms for agreement modification, the Recipient agrees to use said forms. 13. The Recipient represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112.311 (2014) and as may be amended from time to time. The Recipient further represents that no person having any interest shall be employed for said performance. 14. The Recipient shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance, which may influence or appear to influence the Recipient's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Recipient may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Recipient. The County agrees to notify the Recipient of its opinion by certified mail within thirty (30) days of receipt of notification by the Recipient. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Recipient, the County shall so state in the notification and shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict Packet Pg. 79 8.D.1.c of interest with respect to services provided to the County by the Recipient under the terms of this Agreement. 15. 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 parties shall share the fee of the mediator equally. 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. 16. 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. 17. Except as otherwise provided, this Agreement shall be binding upon and shall insure to the benefit of the parties. 18. 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 communications, representations or agreements, either verbal or written, between the parties hereto. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY DEPUTY CLERK CHAIR ATTEST: SECRETARY APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY COUNCIL ON AGING OF ST. LUCIE, INC. BY: PRESIDENT/CHIEF EXECUTIVE OFFICER (SEAL) Packet Pg. 80 8.D.2 ITEM NO. RES-2014-214 TO: PRESENTED BY: SUBMITTED BY: BACKGROUND: AGENDA REQUEST Board of County Commissioners DATE: 12/02/2014 *CONSENT AGENDA\COMMUNITY SERVICES Stefanie Myers, Resident Support Services Manager Resident Support Services Division FY15 Florida Department of Transportation (FDOT) Block Grant - Acceptance of Joint Participation Agreement Annually, FDOT allocates a Block Grant to public transit organizations that are eligible to receive funding under the Federal Transit Administration's (FTA) Sections 5307 and 5311 programs. A state allocation formula utilizes county population, transit system revenue miles and passenger trips and funds may be used for eligible capital and operating costs. This year, FDOT identified $527,236 in grant funds requiring a match of $527,236, which will originate with the Transit Municipal Services Taxing Unit and other Federal and local sources. The total operating assistance will be $1,054,472. Council on Aging of St. Lucie County Inc./Community Transit (CT) as the local transit provider will be the subrecipient. PREVIOUS ACTION: N/A FINANCIAL IMPACT: These grant funds were not confirmed prior to the approval of the FY15 budget. A budget needs to be established in order to spend these funds. Matching funds of $527,236 are appropriated in the Transit Muncipal Services Taxing Unit and other local funding sources. See associated item for Budget Resolution. RECOMMENDATION: Staff recommends Board acceptance of the FDOT Block Grant Joint Participation Agreement in the amount of $1,054,472 (FM#407187-2-84-01); approval of Resolution and subgrant to CT and authorization for the Chair to sign documents as approved by the County Attorney. [01LT2 MLA Packet Pg. 81 Coordination/Signatures yder, Community Services Dir grj*11119/2014 Heather Young, Asst. County Attorney 1/20/2014 1 If sob bentkofsky,4epty Cty Admmistrato, 11/" 0/2014 Updated: 11/24/20144:11 PM by Kelly Phelan Page 2 Packet Pg. 82 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT PUBLIC T 8.D.2.a OGC - 1/14 Pape 1 of 14 Financial Project No.: 407187-2-84-01 (item-seg ment-phase-seq uence) Contract No.: CFDA Number: N/A CFDA Title: Fund: DPTO Function: 215 Federal No.: N/A DUNS No.: 80-939-7102 Agency DUNS No.: FLAIR Approp.: 088774 FLAIR Obj.: 750010 Org. Code: 55042010429 Vendor No.: VF596000835079 CSFA Number: 55.010 CSFA Title: THIS AGREEMENT, made and entered into this day of , , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and St. Lucie Board of County Commissioners 2300 Virginia Avenue, Fort Pierce, FL 34982 hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed on or before 12/30/2019 and this Agreement will expire unless a time extension is provided in accordance with Section 16.00. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 341,052,341.071 , Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is To provide funding assistance to St. Lucie County for public transportation operating services. and as further described in Exhibit(s) A,B,C & D attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. Packet Pg. 83 PUBLIC OGC - 1114 Pape 2 of 14 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. The Department has the option to require an activity report on a quarterly basis. The activity report will include details of the progress of the project towards completion. 3.00 Project Cost: The total estimated cost of the project is $ 1,054,472.00 . This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 527,236.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility : Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in Section 15.00 of this Agreement; Approval of all plans, specifications, contracts or other obligating documents as required by the Department, and all other terms of this Agreement; (c) Department approval of costs in excess of the approved funding or attributable to actions which have not received the required approval of the Department and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding : Front end funding ❑ is 0 is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. Packet Pg. 84 PUBLIC OGC - 1114 Pape 3 of 14 5.00 Project Budget and Payment Provisions: 5.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement, or Amendment thereto, and is approved by the Department Comptroller. 5.20 Payment Provisions: Unless otherwise allowed, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 6.00 Accounting Records: 6.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Records of costs incurred under terms of this Agreement shall be maintained in the project account and made available upon request to the Department at all times during the period of this Agreement and for five (5) years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project records, together with supporting documents and records, of the Agency and all sub -consultants performing work on the Project and all other records of the Agency and sub -consultants considered necessary by the Department for a proper audit of costs. If any litigation, claim, or audit is started before the expiration of the five (5) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 6.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 6.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 6.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 6.60 Audit Authority: In addition to the requirements below, the Agency agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, Florida's Chief Financial Officer or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "D" attached hereto and by this reference made a part hereof this Agreement. Packet Pg. 85 PUBLIC OGC - 1114 Pape 4 of 14 6.61 Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 as revised and Section 215.97, Florida Statutes, (see "Audits" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A-133 as revised, and/or other procedures. The Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the Agency is appropriate, the Agency agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FDOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. 6.62 Audits: Part I Federally Funded: If the Agency is a state, local government, or non-profit organizations as defined in OMB Circular A-133 and a recipient of federal funds, the following annual audit criteria will apply: 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Exhibit "D" to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part 1, Paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133. 3. If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the provisions of OMB Circular A-133, is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from resources obtained from other than Federal entities. 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part II State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and a recipient of state funds, the following annual audit criteria will apply: 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, 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 Department of Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. Exhibit "D" to this agreement indicates state financial assistance awarded through the Department 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, 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 1., the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and 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 the amount in Part II, Paragraph 1., such audit is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources obtained from nonstate entities. 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. Packet Pg. 86 PUBLIC OGC - 1114 Pape 5 of 14 Part III Other Audit Requirements 1. The Agency shall follow-up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. 2. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV Report Submission Copies of reporting packages for audits conducted in accordance with OMB Circular A-133 as revised, as revised, and required by Section 6.62 Part I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133 as revised, by or on behalf of the recipient directly to each of the following: A. The Department at the following address: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit@dot.state.fl.us B. The number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133 as revised, submitted to the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133 as revised. In the event that a copy of the reporting package for an audit required by Section 6.62 Part I of this Agreement and conducted in accordance with OMB Circular A-133 as revised is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133 as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit@dot.state.fl.us In addition, pursuant to Section .320 (f), OMB Circular A-133 as revised, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133 as revised, and any management letters issued by the auditor, to the Department at the following address: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit@dot.state.fl.us Packet Pg. 87 PUBLIC OGC - 1114 Pape 6 of 14 3. Copies of financial reporting packages required by Section 7.62 Part II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at the following address: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit@dot.state.fl.us B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the management letter required by Section 6.62 Part III of this Agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at the following address: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit@dot.state.fl.us 5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133 as revised, 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. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 as revised or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Agency in correspondence accompanying the reporting package. 6.63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. 6.64 Other Requirements: If an audit discloses any significant audit findings related to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. 6.65 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. The Department may waive or modify this section as appropriate. 7.00 Requisitions and Payments: Packet Pg. 88 PUBLIC OGC - 1114 Pape 7 of 14 7.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Four Public Transportation Office 3400 W. Commercial Blvd Ft. Lauderdale , FL, 33309 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (as defined in Paragraph 6.10 hereof) to justify and support the payment requisitions. 7.11 The Agency shall provide the following quantifiable, measurable and verifiable units of deliverables as established in Exhibit "A". Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. 7.12 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof, based on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit "A". Deliverables must be received and accepted in writing by the Department's Project Manager prior to payments. 7.13 Supporting documentation must establish that the deliverables were received and accepted in writing by the Department and that the required minimum level of service to be performed based on the criteria for evaluating successful completion as specified in Section 2.00 and Exhibit "A" has been met. 7.14 Invoices for any travel expenses by the Agency shall be submitted in accordance with Chapter 112.061, F.S., and shall be submitted on the Department's Travel Form No. 300-000-01. The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S. 7.15 For real property acquired, submit; (a) the date the Agency acquired the real property, (b) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (c) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 7.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 7.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 7.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 7.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 7.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; 7.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. or 7.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all federal financial assistance as detailed in Exhibit "B." Packet Pg. 89 PUBLIC 8•D.2.a OGC - 1114 Pape 8 of 14 7.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, after the expiration date of this Agreement, costs which are not provided for in the latest approved scope and budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved by the Department and costs invoiced prior to receipt of annual notification of fund availability. 7.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 8.00 Termination or Suspension of Project: 8.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in Sections 7.21 to 7.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 8.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 8.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S. and made or received in conjunction with this Agreement. 9.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 10.00 Contracts of the Agency: 10.10 Third Party Agreements: The Department specifically reserves the right to review and approve any and all third party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of Department funds, including consultant, purchase of commodities contracts or amendments thereto. If the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the Department as provided in Section 7.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. If Federal Transit Administration (FTA) funds are used in the project, the Department must exercise the right to third party contract review. 10.20 Procurement of Personal Property and Services Packet Pg. 90 PUBLIC 8•D.2.a OGC - 1114 Pape 9 of 14 10.21 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287.055, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with Chapter 287.055 F.S., the Consultants' Competitive Negotiation Act. 10.22 Procurement of Commodities or Contractual Services: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves the purchase of commodities or contractual services or the purchasing of capital equipment or the constructing and equipping of facilities, which includes engineering, design, and/or construction activities, where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Chapter 287.017 F.S., is contingent on the Agency complying in full with the provisions of Chapter 287.057 F.S. The Agency's Attorney shall certify to the Department that the purchase of commodities or contractual services has been accomplished in compliance with Chapter 287.057 F.S. It shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", or that is not consistent with the project description and scope of services contained in Exhibit "A" must be approved by the Department prior to Agency execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department as provided in Section 7.23. 10.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 10.31 DBE Policy: The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.) 10.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed under this section to the Department within 30 days of receipt by the Agency. 11.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 11.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. Packet Pg. 91 PUBLIC 8•D.2.a OGC - 1114 Paqe 10 of 14 11.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 11.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601,et seq., which among other things, prohibits discrimination in employment on the basis of race, color, national origin, creed, sex, and age. 11.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et. seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. 11.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the project or any property included or planned to be included in the project, with any officer, director or employee of the Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any combination of them, has a material interest. "Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any business entity. The Agency shall not enter into any contract or arrangement in connection with the project or any property included or planned to be included in the project, with any person or entity who was represented before the Agency by any person who at any time during the immediately preceding two years was an officer, director or employee of the Agency. The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any agreement between the Agency and an agency of state government. 11.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States, or the State of Florida legislature, shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 12.00 Miscellaneous Provisions: 12.10 Environmental Regulations: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 12.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 12.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. Packet Pg. 92 PUBLIC 8•D.2.a OGC - 1114 12.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is Page 11 of 14 held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 12.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 12.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 12.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 12.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 12.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 12.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. Packet Pg. 93 PUBLIC 8•D.2.a OGC - 1114 Paqe 12 of 14 13.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, where plans and specifications have been developed, the Agency shall provide an Engineer's Certification that certifies project compliance as listed below, or in Exhibit "C" if applicable. For the plans, specifications, construction contract documents, and any and all other engineering, construction, and contractual documents produced by the Engineer, hereinafter collectively referred to as "plans", the Agency will certify that: a. All plans comply with federal, state, and professional standards as well as minimum standards established by the Department as applicable; b. The plans were developed in accordance with sound engineering and design principles, and with generally accepted professional standards; c. The plans are consistent with the intent of the project as defined in Exhibits "A" and "B" of this Agreement as well as the Scope of Services; and d. The plans comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations. Notwithstanding the provisions of this paragraph, the Agency, upon request by the Department, shall provide plans and specifications to the Department for review and approvals. 14.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 15.00 Appropriation of Funds: 15.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 15.20 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 16.00 Expiration of Agreement: The Agency agrees to complete the project on or before . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Director of Transportation Development . Expiration of this Agreement will be considered termination of the project and the procedure established in Section 8.00 of this Agreement shall be initiated. 16.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 17.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 18.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 19.00 Restrictions on Lobbying: Packet Pg. 94 PUBLIC 8•D.2.a 19.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of OGC - 1114 Paqe 13 of 14 the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an c employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. N The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers ti 00 (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. u_ 19.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state L agency. lie 20.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the o Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to m inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. p The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 a u_ days are measured from the latter of the date the invoice is received or the goods or services are received, inspected LO and approved. U- lf a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and to services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition to W the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. N The invoice payment requirements do not start until a properly completed invoice is provided to the Department. c N A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual W include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the Division of Consumer Services Q at 1-877-693-5236. a 21.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 22.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 23.00 E-Verify: Vendors/Contractors: 1. shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. Packet Pg. 95 PUBLIC 8•D.2.a OGC - 1114 Paqe 14 of 14 IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY St. Lucie Board of County Commissioners AGENCY NAME SIGNATORY (PRINTED OR TYPED) SIGNATURE TITLE FDOT See attached Encumbrance Form for date of Funding Approval by Comptroller LEGAL REVIEW DEPARTMENT OF TRANSPORTATION Gerry O'Reilly DEPARTMENT OF TRANSPORTATION Director of Transportation Development TITLE Packet Pg. 96 Financial Project No. 407187-2-84-01 8.D.2.a Contract No. Agreement Date EXHIBIT "A" PROJECTS DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie Board of County Commissioners 2300 Virginia Avenue, Fort Pierce, FL 34982 referenced by the above Financial Project Number. PROJECT LOCATION: St. Lucie County BCC PROJECT DESCRIPTION: To provide funding assistance to St. Lucie County for public transportation operating services. SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 6.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. A. The audit report(s) required in paragraph 6.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. B. The Public Transit Block Grant Program was enacted by the Florida Legislature to provide a stable source of funding for public transit. The block grant funds may be used for eligible operating costs of public transit providers including the total costs of administration, management, and operations directly incident to the provision of public bus transit services, but excluding the depreciation or amortization of capital assets. Up to 50% of eligible operating costs can be paid with program funds, or an amount equal to the total revenue, excluding farebox, charter, advertising revenue and federal funds, received by the provider for operating costs, whichever amount is less. Deliverables shall include: 1. Submit a copy of the National Transit Data Base (Section 5335) report submitted to FTA or FTA's acknowledgment letter as soon as available. 2. Submit for approval the performance measures identified in Table A-1 Required Performance Measures for Newspaper Publication of FDOT Procedure 725-030-030 each year, as identified below: a. Passenger Trips b. Revenue Miles c. Total Operating Expense d. Operating Revenue e. Vehicles Operated in Maximum Service f. Base Fare g. Revenue Miles Between Vehicle System Failures h. Days/Hours Service is Available i. Operating Expense per Passenger Trip 3. Submit the publisher's affidavit from a newspaper covering the transit service area that the performance measures identified in Table A-1 Required Performance Measures for Newspaper Publication of FDOT Procedure 725-030-030 were Packet Pg. 97 EXHIBIT "A" PROJECTS DESCRIPTION AND RESPONSIBILITIES published each year after Department written approval. 4. Submit a copy of the Transit Development Plan (TDP) annual progress report or plan update each year. C. Submit quarterly progress reports via TransCIP, the web -based state grant management software, by logging into WWW.transcip.com, and clicking on the "Quarterly Report" tab. D. Submit an invoice on the project at least every calendar quarter or as they may specify in an email to the Department's Project Manager. This email must be provided in the invoice packet provided to the Department. The Agency shall include two (2) invoice hard copies of the back-up and one in TransCIP, and three (3) original Invoice Summary Sheets. Please refer to JPA Sections 5.0 and 6.0, for correct payment provisions. Contact the Department's Project Manager for any additional questions before invoicing. �y%1x91FWAI1111110K67ilk 6*11ON;U11a101069 Y&ONWG1:49 A1:110111 The Department is providing these funds as a Grant -In -Aid for the public transit program. The Department does not receive goods or services directly for this funding. The Department is authorized under Florida Statutes to enter into this agreement as specified elsewhere in this agreement. Packet Pg. 98 Financial Project No. 407187-2-84-01 8.D.2.a Contract No. Agreement Date EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie Board of County Commissioners 2300 Virginia Avenue, Fort Pierce, FL 34982 referenced by the above Financial Project Number. I. PROJECT COST: $1,054,472.00 TOTAL PROJECT COST: $1,054,472.00 II. PARTICIPATION: Maximum Federal Participation FTA ( 0 %) or $ 0.00 Agency Participation In -Kind ( %) or $ Cash ( 50 %) or $ 527,236.00 Other ( %) or $ Maximum Department Participation, Primary DPTO ( 50 %) or $ 527,236.00 Federal Reimbursable ( %) or $ Local Reimbursable ( %) or $ TOTAL PROJECT COST: $1,054,472.00 Packet Pg. 99 Financial Project No. 407187-2-84-01 8.D.2.a Contract No. Agreement Date EXHIBIT "C" (For State Block Only) This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie Board of County Commissioners 2300 Virginia Avenue, Fort Pierce, FL 34982 referenced by the above Financial Project Number. REF: Section 341.052 F.S. The Department shall provide block grant funds for eligible capital and operating costs of public bus transit and local public fixed guideway projects. Eligibility of this Agency to receive grant funding is provided in Sec. 341.052(1) F.S., and Sections 5307 and 5311 of the Federal Transit Act, 49 U.S.C. 5307, and 49 U.S.C. 5311 respectively. Eligible transit capital costs means any costs that would be defined as capital costs by the Federal Transit Administration. Eligible transit operating costs are the total administrative, management, and operation costs directly incident to the provision of public bus transit services, excluding any depreciation or amortization of capital assets. Block grant funds shall not exceed local revenue during the term of this agreement. (Local revenue is defined as the sum of money received from local government entities to assist in paying transit operation costs, including tax funds, and revenue earned from fare box receipts, charter service, contract service, express service and non - transportation activities.) Block grant funds shall not supplant local tax revenues made available for operations in the year immediately preceding this agreement. State participation in eligible public transit operating costs may not exceed fifty (50) percent of such costs or an amount equal to the total revenue, excluding farebox, charter, and advertising revenue and federal funds, received by the provider for operating costs, whichever amount is less. Packet Pg. 100 8.D.2.a EXHIBIT "C" (For State Block Only) The Agency shall require the independent auditor, retained to perform the audit as required by the Single Audit Act of 1984, to specifically test and certify that these limitations (...funds shall not exceed local revenue... funds shall not be expended for depreciation or amortization of capital assets ... funds shall not supplant local tax revenues made available for operations in the previous year) of the block grant program as delineated in Chapter 341.052 F.S., have been adhered to. The Agency shall provide the Department with two (2) copies of its most current adopted budget by March 1. Unless the adopted budget uses a format consistent with the National Transit Database (NTD) report, the copy provided to the Department will indicate how the projections for total local revenue, local tax revenue made available for operations, and depreciation and amortization costs, as they will appear in the NTD report, can be identified. The Agency shall publish in the local newspaper of its area, in the format prescribed by the Department, the productivity and performance measures established for the transit providers most recently completed fiscal year and the prior fiscal year. This report shall be approved by the Department of Transportation prior to its publication. This report shall be submitted to the Department no later than November 15 of each year, and published either by December 31 or no later than twenty eight (28) calendar days of the Department's written approval of the report. The Agency shall furnish an affidavit of publication to the Department within twenty eight (28) calendar days of publication. The Agency shall submit a Transit Development Plan (TDP) or annual update to the Department by September 1 of each year. As a separate part of the transit development plan or annual report, the Agency will address potential enhancements to productivity and performance which would have the effect of increasing farebox ratio pursuant to FS 341.071 (2). A TDP shall conform to the requirements in Rule 14-73, available at: http://fac.dos.state.fl.us/faconline/chapterl4.pdf Mark the required Safety submittal or provisions for this agreement if applicable. Safety Requirements X Bus Transit System - In accordance with Florida Statute 341.061, and Rule 14-90, Florida Administrative Code, the Agency shall submit, and the Department shall have on file, an annual safety certification that the Agency has adopted and is complying with its adopted System Safety and Security Program Plan pursuant to Rule Chapter 14-90 and has performed annual safety inspections of all buses operated. Fixed Guideway Transportation System - (established) In accordance with Florida Statute 341.061, the Agency shall submit, and the Department shall have on file, annual certification by the Agency of compliance with its System Safety and Security Program Plan, pursuant to Rule 14-15.017 and the "Safety and Security Oversight Program Standards Manual", DOT Topic Number 725-030-014. Fixed Guideway Transportation System - (This applies to New Starts projects and subsequent major projects to extend, rehabilitate, or modify an existing system, or to replace vehicles and equipment.) In accordance with Florida Statute 341.061, the Agency shall submit a certification attesting to the adoption of a System Safety Program Plan pursuant to Rule 14-15.017 and the "Safety and Security Oversight Program Standards Manual", DOT Topic Number 725-030-014. Prior to beginning passenger service operations, the Agency shall submit a certification to the Department that the new start system or major modification to an existing system is safe for passenger service. Packet Pg. 101 8.D.2.b RESOLUTION NO. 14-XXXX A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT (FINANCIAL PROJECT NO. 407187-2-84-01) TO PROVIDE FUNDING ASSISTANCE TO ST. LUCIE COUNTY FOR PUBLIC TRANSPORTATION OPERATING SERVICES AND AUTHORIZING THE CHAIR TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Department of Transportation has awarded the County funding assistance for a non -urbanized area public transportation system (Financial Project No. 407187-2-84-01). 2. The Board should authorize and approve execution of the Public Transportation Joint Participation Agreement with the State of Florida Department of Transportation for the above -referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 3. The Board hereby accepts and approves the Public Transportation Supplemental Joint Participation Agreement with the State of Florida (Financial Project No. 407187-2-84-01) to provide funding TO PROVIDE FUNDING ASSISTANCE TO ST. LUCIE COUNTY FOR PUBLIC TRANSPORTATION OPERATING SERVICES. 4. The Board hereby authorizes the Chair to execute the above -referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. Packet Pg. 102 8.D.2.b After motion and second, the vote on the resolution was as follows: Chair Paula Lewis Vice -Chair Kim Johnson Commissioner Chris Dzadovsky Commissioner Frannie Hutchinson Commissioner Tod Mowery PASSED AND DULY ADOPTED this 2 day of December 2014. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ly CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 103 8.D.2.c SUBGRANT AGREEMENT FM 407187-2-84-01 THIS SUBGRANT AGREEMENT, made this day of , 2014, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "County," and COUNCIL ON AGING OF ST. LUCIE, INC., a Florida nonprofit corporation, or its successors, executors, administrators, and assigns, hereinafter called the "Recipient": IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall disperse to the Recipient a subgrant in a total amount not to exceed one million fifty-four thousand four hundred seventy-two and 00/100 dollars ($1,054,472), hereinafter referred to as the "Grant Agreement". Of this amount, five hundred twenty-seven thousand two hundred thirty-six and 00/100 ($527,236) will be from the Florida Department of Transportation, and five hundred twenty-seven thousand two hundred thirty-six and 00/100 ($527,236) from other eligible transit funding sources as may be available. The Recipient shall use the funds dispersed pursuant to this Agreement for operation of public transit service. The Recipient shall submit requests for payment to the County in a form acceptable to the County and in accordance with the terms and conditions of this Agreement. 2. The subgrant shall be used only as set forth in this Agreement. The Recipient further agrees to comply with the terms and conditions of any Joint Participation Agreement between the County and the Florida Department of Transportation pursuant to which the County receives funding for the Project, including but not limited to audit and safety certification requirements. A County property record number shall be affixed to any equipment purchased with the subgrant funds at a cost of one thousand and 00/100 dollars ($1,000) or more. The Recipient agrees to coordinate with the County OMB/Purchasing Director in the purchase of any equipment pursuant to this Agreement. 3. The Recipient shall have internal controls adequate to safeguard the subgrant. 4. If the subgrant cannot be used or a subsequent audit reveals the subgrant was not used according to this Agreement, any money not so used shall be reimbursed to the County. 5. The Recipient shall provide an audit, by a certified or duly licensed public accountant, of the expenditure of monies disbursed pursuant to this Agreement. In the alternative and subject to prior written approval of the County Budget and Management Director, the Recipient may submit qualifying paid invoices in lieu of a certified audit. In addition, the Recipient shall provide the County with a copy of the Recipient's annual audit for each fiscal year during which the Recipient expends funds received pursuant to this Agreement. The Recipient shall submit all documents required under this paragraph within ninety (90) days after the end of its last fiscal year during which funds are expended under this Agreement. 6. The Recipient gives the County the right, until the expiration of three (3) years after expenditure of funds under this Agreement, to audit the use of the subgrant Packet Pg. 104 8.D.2.c 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 subgrant 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 Recipient is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the County shall in no way be responsible for such acts or omission. The Recipient shall and will indemnify and hold harmless the County from and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out or in any way connected with the use, occupations, administration or control of the above described services by the Recipient or its agents, employees, customers, patrons or invitee, or resulting from injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement. The Recipient hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 8. The Recipient agrees to comply with all local, state and federal laws, rules and regulation, the terms of this Agreement. 9. All publications, media productions and exhibit graphics shall include the following statement: Sponsored in part by the Board of County Commissioners, St. Lucie County, Florida. 10. The Recipient 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 Recipient in conjunction with this Agreement. Specifically, the Recipient shall: (a). 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 Recipient in conjunction with this Agreement. (b). Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. (c). 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. (d). Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (e). 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 Packet Pg. 105 8.D.2.c electronically must be provided to the County in a format that is compatible with the information technology system of the County. 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: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue, 3rd Floor Fort Pierce, Florida 34982 TO THE RECIPIENT: President/CEO Council on Aging of St. Lucie, Inc. 2501 SW Bayshore Blvd. Port St. Lucie, Florida 34984 WITH COPY TO: St. Lucie County Attorney Administration Annex 2300 Virginia Avenues, 3rd Floor Fort Pierce, Florida 34982 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. If the County currently provides or subsequently provides any forms for agreement modification, the Recipient agrees to use said forms. 13. The Recipient represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112.311 (2014) and as may be amended from time to time. The Recipient further represents that no person having any interest shall be employed for said performance. 14. The Recipient shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance, which may influence or appear to influence the Recipient's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Recipient may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Recipient. The County agrees to notify the Recipient of its opinion by certified mail within thirty (30) days of receipt of notification by the Recipient. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Recipient, the County shall so state in the notification and shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Recipient under the terms of this Agreement. 15. 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 - Packet Pg. 106 8.D.2.c 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 parties shall share the fee of the mediator equally. 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. 16. 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. 17. Except as otherwise provided, this Agreement shall be binding upon and shall insure to the benefit of the parties. 18. 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 communications, representations or agreements, either verbal or written, between the parties hereto. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: DEPUTY CLERK ATTEST: SECRETARY BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY COUNCIL ON AGING OF ST. LUCIE, INC BY: PRESIDENT/CHIEF EXECUTIVE OFFICER (SEAL) Packet Pg. 107 8.D.3 ITEM NO. RES-2014-215 TO: PRESENTED BY: SUBMITTED BY: BACKGROUND: AGENDA REQUEST Board of County Commissioners DATE: 12/02/2014 *CONSENT AGENDA\COMMUNITY SERVICES Stefanie Myers, Resident Support Services Manager Resident Support Services Division Grant Acceptance - FDOT Service Development Grant for New Lakewood Park Bus Route (from St. Lucie County to Oslo Road in Indian River County) On August 12, 2014, the BOCC approved the County's Transit Development Plan (TDP) 2015-2024 Major Update, "Bus Blueprint." In this document, transit priorities are established for transit operations and infrastructure improvement to be implemented when funding is available. In support of regional connectivity, FDOT identified funding for a Service Development grant for a new Lakewood Park route from St. Lucie County to Oslo Road in Indian River County, connecting with the Indian River Go -line transit service. FDOT has allocated $95,500 for operating assistance, which requires match of $95,500, paid from the Transit Municipal Services Taxing Unit and other local funding sources. The contracted provider will receive $185,000 to implement the new route and $6,000 will be used by the County to educate the community about it. The agreement provides for the possibility of future supplemental funding, contingent upon performance. PREVIOUS ACTION: N/A FINANCIAL IMPACT: These grant funds were not confirmed prior to the approval of the FY15 budget and a budget needs to be established. Matching funds will be provided from the Transit Muncipal Services Taxing Unit. See associated item for budget resolution. RECOMMENDATION: Staff recommends Board acceptance of the FDOT Service Development grant FM#436878-1-84-01 ($191,000), approval of Resolution and subgrant agreement, and authorization for the Chair to sign documents, as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 108 Coordination/Signatures yder, Community Services Dir r 11/19/2014 I�JdAllp anie S. McIntyre, C my ttorney 11/24/2014 �be1itkofsky, Deputy C�Tinty Admmistrato� 11/" 4/2014 Updated: 11/24/20144:02 PM by Kelly Phelan Page 2 Packet Pg. 109 8.D.3.a RESOLUTION NO. 14- A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT (FINANCIAL PROJECT. NO. 436878-1-84-01) FOR O N E YEAR OF SERVICE DEVELOPMENT FUNDING TO OPERATE AND PROMOTE THE NEW LAKEWOOD PARK REGIONAL BUS ROUTE AND AUTHORIZING THE CHAIR TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Department of Transportation has awarded the County o n e year of service development funding to operate and promote the new Lakewood Park Regional Bus Route (Financial Project No. 436878-1-84-01). 2. The Board should authorize and approve execution of the Public Transportation Joint Participation Agreement with the State of Florida Department of Transportation for the above -referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby accepts and approves the Public Transportation Supplemental Joint Participation Agreement with the State of Florida (Financial Project No. 436878-1-84-01) to provide funding for SERVICE DEVELOPMENT FUNDING TO OPERATE AND PROMOTE THE NEW LAKEWOOD PARK REGIONAL BUS ROUTE. 2. The Board hereby authorizes the Chair to execute the above -referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. 1 Packet Pg. 110 8.D.3.a After motion and second, the vote on the resolution was as follows: Chair Paula Lewis Vice -Chair Kim Johnson Commissioner Chris Dzadovsky Commissioner Frannie Hutchinson Commissioner Tod Mowery PASSED AND DULY ADOPTED this 2 day of December 2014. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 2 Packet Pg. 111 8.D.3.c SUBGRANT AGREEMENT FM NO. 436878-1-84-01 THIS SUBGRANT AGREEMENT, made this day of 2014, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, o hereinafter called the "County," and COUNCIL ON AGING OF ST. LUCIE, INC., a Florida nonprofit corporation, or its successors, executors, administrators, and assigns, hereinafter called the "Recipient": IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: LO 1. The County shall disperse to the Recipient a subgrant in a total amount not N to exceed one hundred eighty-eight thousand and 00/100 dollars ($185,000), hereinafter o referred to as the "Grant Agreement." Of this amount, ninety-two thousand five hundred v and 00/100 ($92,500) will be from the Florida Department of Transportation, and ninety- LU W two thousand five hundred and 00/100 ($92,500) from other such eligible transit funding sources as may be available. The Recipient shall use the funds dispersed pursuant to this Agreement for operation and promotion of a new bus route providing service between St. Lucie and Indian River Counties through the Lakewood Park Neighborhood, ° hereinafter called the "Project." The Recipient shall submit requests for payment to the o County in a form acceptable to the County and in accordance with the terms and U conditions of this Agreement. CU L 2. The subgrant shall be used only as set forth in this Agreement. The Recipient a further agrees to comply with the terms and conditions of any Joint Participation Agreement between the County and the Florida Department of Transportation pursuant a to which the County receives funding for the Project, including but not limited to audit and safety certification requirements. A County property record number shall be affixed to any o equipment purchased with the subgrant funds at a cost of one thousand and 00/100 dollars ($1,000) or more. The Recipient agrees to coordinate with the County OMB/Purchasing Director in the purchase of any equipment pursuant to this Agreement. N 3. The Recipient shall have internal controls adequate to safeguard the subgrant. W° 4. If the subgrant cannot be used or a subsequent audit reveals the subgrant a was not used according to this Agreement, any money not so used shall be reimbursed to the County. 3 5. The Recipient shall provide an audit, by a certified or duly licensed public cu accountant, of the expenditure of monies disbursed pursuant to this Agreement. In the J LO alternative and subject to prior written approval of the County Budget and Management Director, the Recipient may submit qualifying paid invoices in lieu of a certified audit. In N addition, the Recipient shall provide the County with a copy of the Recipient's annual N audit for each fiscal year during which the Recipient expends funds received pursuant to r this Agreement. The Recipient shall submit all documents required under this paragraph o within ninety (90) days after the end of its last fiscal year during which funds are expended N under this Agreement. E r Packet Pg. 112 8.D.3.c 6. The Recipient gives the County the right, until the expiration of three (3) years after expenditure of funds under this Agreement, to audit the use of the subgrant 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 subgrant 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 Recipient is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the County shall in no way be responsible for such acts or omission. The Recipient shall and will indemnify and hold harmless the County from and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out or in any way connected with the use, occupations, administration or control of the above described services by the Recipient or its agents, employees, customers, patrons or invitee, or resulting from injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement. The Recipient hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 8. The Recipient agrees to comply with all local, state and federal laws, rules and regulation, the terms of this Agreement. 9. All publications, media productions and exhibit graphics shall include the following statement: Sponsored in part by the Board of County Commissioners, St. Lucie County, Florida. 10. The Recipient 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 Recipient in conjunction with this Agreement. Specifically, the Recipient shall: (a) 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 Recipient in conjunction with this Agreement. (b) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. (c) 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. (d) Ensure that public records that are exempt or confidential and exempt N from public records disclosure requirements are not disclosed except as authorized by law. N (e) Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the contractor upon 2 a Packet Pg. 113 8.D.3.c termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology system of the County. 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: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue, 3rd Floor Fort Pierce, Florida 34982 TO THE RECIPIENT: President/CEO Council on Aging of St. Lucie, Inc. 2501 SW Bayshore Blvd. Port St. Lucie, Florida 34984 WITH COPY TO: St. Lucie County Attorney Administration Annex 2300 Virginia Avenues, 3rd Floor Fort Pierce, Florida 34982 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. If the County currently provides or subsequently provides any forms for agreement modification, the Council agrees to use said forms. 13. The Recipient represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112.311 (2014) and as may be amended from time to time. The Recipient further represents that no person having any interest shall be employed for said performance. 14. The Recipient shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance, which may influence or appear to influence the Recipient's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Recipient may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Recipient. The County agrees to notify the Recipient of its opinion by certified mail within thirty (30) days of receipt of notification by the Recipient. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Recipient, the County shall so state in the notification and shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict 3 Packet Pg. 114 8.D.3.c of interest with respect to services provided to the County by the Recipient under the terms of this Agreement. 15. 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 parties shall share the fee of the mediator equally. 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. 16. 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. 17. Except as otherwise provided, this Agreement shall be binding upon and shall insure to the benefit of the parties. 18. 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 communications, representations or agreements, either verbal or written, between the parties hereto. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY /_1aIQM9 I:yil SECRETARY COUNCIL ON AGING OF ST. LUCIE, INC PRESIDENT/CHIEF EXECUTIVE OFFICER 0 N C t V fC r 4 a Packet Pg. 115 8.D.4 ITEM NO. RES-2014-216 TO: PRESENTED BY: SUBMITTED BY: BACKGROUND: AGENDA REQUEST Board of County Commissioners DATE: 12/02/2014 *CONSENT AGENDA\COMMUNITY SERVICES Stefanie Myers, Resident Support Services Manager Resident Support Services Division Approval of Budget Resolution - FDOT Service Development Grant for New Lakewood Park Bus Route On August 12, 2014, the BOCC approved the County's Transit Development Plan (TDP) 2015-2024 Major Update, "Bus Blueprint." In this document, transit priorities are established for transit operations and infrastructure improvement to be implemented when funding is available. In support of regional connectivity, FDOT identified funding for a Service Development grant for a new Lakewood Park route from St. Lucie County to Oslo Road in Indian River County, connecting with the Indian River Go -line transit service. FDOT has allocated $95,500 for operating assistance, which requires match of $95,500, paid from the Transit Municipal Services Taxing Unit and other local funding sources. The contracted provider will receive $185,000 to implement the new route and $6,000 will be used by the County to educate the community about it. The agreement provides for the possibility of future supplemental funding, contingent upon performance. PREVIOUS ACTION: N/A FINANCIAL IMPACT: These grant funds were not confirmed prior to the approval of the FY15 budget and a budget needs to be established. Matching funds will be provided from the Transit Muncipal Services Taxing Unit and other local funding sources. Grant funds will be deposited into FDOT Lakewood Park Regional Bus Route Grant Fund (130219-4910-334493-400). RECOMMENDATION: Staff recommends Board approval of Budget Resolution and authorization for the Chair to sign documents, as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 116 Coordination/Signatures yder, Community Services Dir r 11/20/2014 anie S. McIntyre, C my ttorney 11/24/2014 e---) Z ��entk,f,k0',. �[iob Deputy Cor inty Admmistrato, 11/" 4/2014 Updated: 11/24/20144:12 PM by Kelly Phelan A Page 2 Packet Pg. 117 RESOLUTION 8.D.4.a WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Florida Department of Transportation, as funding assistance in the amount of $95,500, to be used as funding for the Community Services Lakewood Park Regional Bus Route Grant. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 2nd day of December, 2014, 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 130219-4910-334493-400 FL Dept. Of Trans. $95,500 APPROPRIATIONS 130219-4910-548010-400 Promotional Advertising $ 3,000 130219-4910-582015-400 Council on Aging $92,500 $95,500 After motion and second the vote on this resolution was as follows: Commissioner Paula Lewis, Chair XXX Commissioner Kim Johnson, Vice Chair XXX Commissioner Chris Dzadovsky XXX Commissioner Frannie Hutchinson XXX Commissioner Tod Mowery XXX PASSED AND DULY ADOPTED THIS 2ND DAY OF DECEMBER 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Packet Pg. 118 8.D.5 ITEM NO. RES-2014-217 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: 4113IX4is BACKGROUND: DATE: 12/02/2014 *CONSENT AGENDA\COMMUNITY SERVICES Stefanie Myers, Resident Support Services Manager Resident Support Services Division FY 2015 Florida Department of Transportation (FDOT) Block Grant Annually, FDOT allocates a Block Grant to public transit organizations that are eligible to receive funding under the Federal Transit Administration's (FTA) Sections 5307 and 5311 programs. A state allocation formula utilizes county population, transit system revenue miles and passenger trips and funds may be used for eligible capital and operating costs. This year, FDOT identified $527,236 in grant funds (FM 407187-2-84-01) requiring a match of $527,236, which will originate with the Transit Municipal Services Taxing Unit and other Federal and local sources. The total operating assistance will be $1,054,472. Council on Aging of St. Lucie County Inc./Community Transit (CT), as the local transit provider, will be the subrecipient. PREVIOUS ACTION: N/A FINANCIAL IMPACT: These grant funds were not received prior to the approval of the FY15 budget and a budget must be established. Matching funds are appropriated in the Transit Muncipal Services Taxing Unit and other Federal and local sources. Grant funds will be deposited into the Florida Department of Transportation Block Grant (130218-4910-334493-400). RECOMMENDATION: Staff recommends Board approval of the Budget Resolution and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 119 8.D.5 Coordination/Signatures Wyder,Corn,,itySeriesDir4 r 11/20/2014 C+� Dtanie 5. McIntyre, C my ttorney 11/24J2014deb bentkfkDeputy Cy Administrae 0147-7 Updated: 11/24/20144:13 PM by Kelly Phelan A Page 2 Packet Pg. 120 RESOLUTION 8.D.5.a WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Florida Department of Transportation, as funding assistance in the amount of $527,236, to be used as funding for the Community Services Block Grant operating assistance. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 2nd day of December, 2014, 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 130218-4910-334493-400 FL Dept. Of Trans. $527,236 APPROPRIATIONS 130218-4910-582015-400 Council on Aging $527,236 After motion and second the vote on this resolution was as follows: Commissioner Paula Lewis, Chair XXX Commissioner Kim Johnson, Vice Chair XXX Commissioner Chris Dzadovsky XXX Commissioner Frannie Hutchinson XXX Commissioner Tod Mowery XXX PASSED AND DULY ADOPTED THIS 2ND DAY OF DECEMBER 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Packet Pg. 121 8.D.6 ITEM NO. RES-2014-218 TO: PRESENTED BY: SUBMITTED BY: BACKGROUND: AGENDA REQUEST Board of County Commissioners DATE: 12/02/2014 *CONSENT AGENDA\COMMUNITY SERVICES Stefanie Myers, Resident Support Services Manager Resident Support Services Division Federal Transit Administration (FTA) 5311 Grant The FTA Non -Urbanized Area Annual Formula Program (Section 5311) provides operating and capital assistance to eligible recipients that operate/contract public transportation services for non -urbanized rural and small urban areas. The grant funds are provided to the state and then distributed by the Florida Department of Transportation (FDOT) and can be used over a five-year period. The allocated amount for this year is $55,188, requiring a local match of $55,188 that is provided by various Federal, State and local funding sources, including the Transit Municipal Services Taxing Unit. The total assistance will be $110,376. Council on Aging of St. Lucie County Inc./Community Transit (CT) will be the subrecipient as the local transit provider. PREVIOUS ACTION: N/A FINANCIAL IMPACT: These grant funds were not confirmed prior to the approval of the FY15 budget and a budget needs to be established. Matching funds are appropriated in the Municipal Servcies Taxing Unit. Funds will be deposited in the Federal Transit Administration 5311 Grant (130120-4910-331421-400). RECOMMENDATION: Staff recommends Board approval of the Budget Resolution and authorization for the Chair to sign documents, as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 122 Coordination/Signatures Wyder,CmmitySwiesDir4 r 11/20/2014 C+� Dtanie 5. McIntyre, C my ttorney 11/24/2014deb bentkfkDeputy Cy Administrae 0147-7 Updated: 11/24/2014 2:20 PM by Bob Bentkofsky Page 2 Packet Pg. 123 RESOLUTION 8.D.6.a WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Federal Transit Administration, as funding assistance in the amount of $55,188, to be used as funding for the Community Services public transportation grant project. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 2nd day of December, 2014, 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 130120-4910-331421-400 APPROPRIATIONS 130120-4910-582015-400 Federal Transit Administration Council on Aging After motion and second the vote on this resolution was as follows: Commissioner Paula Lewis, Chair Commissioner Kim Johnson, Vice Chair Commissioner Chris Dzadovsky Commissioner Frannie Hutchinson Commissioner Tod Mowery PASSED AND DULY ADOPTED THIS 2ND DAY OF DECEMBER 2014. ATTEST: $55,188 $55,188 XXX XXX XXX XXX XXX BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Packet Pg. 124 8.D.7 ITEM NO. (ID # 2557) DATE: 12/02/2014 AGENDA REQUEST *CONSENT AGENDA\COMMUNITY SERVICES TO: Board of County Commissioners PRESENTED BY: Diana Wesloski, Housing Manager SUBMITTED BY: Housing Services Division SUBJECT: Bid Award of the East/West Dunbrooke Canal Regrading Project BACKGROUND: St. Lucie County was granted $2,703,092 in Community Development Block Grant (CDBG) Disaster Recovery Enhancement Funds (DREF) for recovery projects as a result of Tropical Storm Fay. On September 20, 2011 the Board approved entering into an Interlocal Agreement with the City of Port St. Lucie to fund drainage improvements to the area of East/West Dunbrooke. On October 29, 2014, Bid No. 15-011 was advertised. Responses were due on November 19, 2014. Two responses were received; 379 companies were notified and 23 documents were distributed. The lowest responsive responsible bidder was Melvin Bush Construction. CDBG funding does not allow local preference. PREVIOUS ACTION: September 20, 2011 - Board approval of the Interlocal Agreement with the City of Port St. Lucie. March 6, 2012 - Board approval to accept grant funds. FINANCIAL IMPACT: Sufficient funding is available in the CDBG fund (001544-5420-581085-500). RECOMMENDATION: Staff recommends Board authorization to award Bid No. 15-011 for construction services to Melvin Bush Construction for the East/West Dunbrooke canal re -grading project in the amount of $120,921, and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 125 Coordination/Signatures Wyder,munity Services Dir r 11/19/2014 C+� Danie S. McIntyre, C my ttorney 11/24/2014 deb bentkofsky Deputy C my Administrate 7-711/ 4/2014 Updated: 11/24/2014 3:46 PM by Kelly Phelan Page 2 Packet Pg. 126 ITEM NO. RES-2014-219 AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Mark Satterlee, Planning & Dev Director SUBMITTED BY: Environmental Resources SUBJECT: Habitat Management Assistance Funding BACKGROUND: DATE: 12/02/2014 *CONSENT AGENDA\ENVIRONMENTAL RESOURCES St. Lucie County / Oxbow Eco-Center was awarded Gopher Tortoise Habitat Management Assistance Funding in the amount of $12,318 from the Florida Fish & Wildlife Conservation Commission (FFWCC). This funding will allow for development of a habitat management and educational program involving high school students who will conduct biological surveys and related analysis of land management strategies, as per the attached funding application and FFWCC contract. "Leaving a Lasting Legacy," the educational portion of the program, engages Indian River State College and Ft. Pierce Central high school students in understanding the ecology of local habitats, careers in biology, and collecting and analyzing field data. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Budget Resolution No. will increase revenues in 001-7912-369930-700 (Reimbursements) and expenses in 001-7912-534000-700 (Other Contractual Services) in the amount of $12,318 to pay for educational and other contracted services to complete project. RECOMMENDATION: Staff recommends that the Board approve the proposed Budget Resolution and authorize the Chair to sign the proposed Budget Resolution. COMMISSION ACTION: Packet Pg. 127 Coordination/Signatures 4A anWieyS. McIWCc)dtyorney 11/24/2014Bob entkofsky, Depu y C my Administrate 11/ 4/2014 Updated: 11/24/2014 2:10 PM by Bob Bentkofsky Page 2 Packet Pg. 128 8.F.a Am Gopher Tortoise Habitat Management IF Assistance Funding Requirements The Gopher Tortoise Management Plan places great importance on the ability of protected lands to support gopher tortoise populations at levels that will ensure the long-term security of the species. Currently, protected habitat in public ownership represents 40% of the estimated gopher tortoise habitat remaining in the state. Florida Fish and Wildlife Conservation Commission manages only 10% of the publicly owned gopher tortoise habitat statewide and has therefore identified the need to partner with other public agencies. To help facilitate habitat management, FWC is requesting projects from counties and municipalities which will optimize gopher tortoise carrying capacity on protected lands through appropriate habitat management. Requests must be for active management of potential gopher tortoise habitat. Management activities consist of prescribed burning, and/or a combination of multiple activities to assist with prescribed burn such as fire line installation, mechanical treatment, fuel reduction, and exotic removal. Requests for assistance must manage at least 25 acres of gopher tortoise habitat, cannot include permitted gopher tortoise recipient sites or sites with a submitted recipient site application, and cannot exceed $15,000 per project (but larger projects with additional funding sources may apply). Requests must include an aerial map, soils map, FLUCCS map, and a burrow survey. For sites less than 50 acres, surveys should consist of an assessment of at least 15% of the potential habitat. For sites larger than 50 acres, surveys should consist of an assessment of at least 5% of the potential habitat. The burrow survey should be conducted according to the survey protocol included in Appendix 4 of the Gopher Tortoise Permitting Guidelines (November 2011). Burrow surveys do not have to be completed by an Authorized Gopher Tortoise Agent but must have been conducted within the last two years. Project proposals must be received by FWC no later than Friday, 22 August 2014. Recipients of funding assistance will be notified by Friday, 5 September 2014. Projects must begin after Monday, 6 October 2014 and must be completed with a final invoice and project completion report submitted to FWC by Friday, 22 May 2015. Assistance will be prioritized based on cost per acre managed and plans for ongoing habitat management on the property. Submission of a request does not guarantee assistance from FWC. Assistance will be provided as cost reimbursement which must be invoiced as total cost. Projects shall be submitted to the attention of Allie Perryman by either e-mail, Alexandra.Perryman@MyFWC.com or ground mail, 620 S. Meridian, MS-2A, Tallahassee, FL 32399. Please use additional pages as needed. For additional information, contact Allie Perryman at (850) 921-1145. Contact Information (all entities must be registered in MyFloridaMarketPlace and contact info below must match My Florida Market Place registration information): Name/Department/Program: Amanda Thompson/Oxbow Eco-Center Affiliation: St. Lucie County Env Res Dept FEID Number: 59-6000835 Phone Number: 772-785-5833 E-mail Address: _Thompsonam@stlucieco.org Street Address: _2300 Virginia Avenue City: _Fort Pierce State: _FL Project Site Information: Postal Code: _34982 Owner/Manager: St. Lucie County Oxbow Eco-Center City: Port St. Lucie County: _St. Lucie Parcel ID (please list all): _3408-311-0000-000-6 Latitude: 2721.23 N Longitude: _80,21.281 W Section: 8 Township: 36S Range: 40E Florida Fish and Wildlife Conservation Commission Page 1 of 3 07/2012 Packet Pg. 129 8.F.a Is the project site under conservation easement designated as public conservation lands? If yes, please describe. Yes. The site was acquired through a partnership with St. Lucie County and the South Florida Water Management District due to its strategic connectivity and ecological value under the St. Lucie County Conservation Policy. Date of most recent gopher tortoise burrow survey (must be within the last two years): 8/13/2014 Are gopher tortoise burrows located within the proposed project area? a. Yes (_40 Estimated Number of Burrows) b. No Have gopher tortoises been relocated to the property in the past (i.e., those associated with incidental take permits or standard relocation permits)? No For each proposed management activity, list the number of acres that will be managed and total funds requested (e.g., 50-acre prescribed burn completed by third party contactor for $3,000)? 0 Unit 2: Prescribed Burn $50/ac x 17 acres = $ 850 Unit 3: Roller Chop and Prescribed Burn Unit 4: Roller Chop (palmetto only) Fireline Installation between Units 3 and 4: using a dozer/plow and grinder, widening trails to a 12' width; estimated time 14 hours, totaling 1.80 acres $230/ac x 25 acres = $5, 750 $180/ac. x 21 acres = $3, 780 $960/acre x 1.8 acres = $1, 728 Total Cost: $12,108 TOTAL REQUEST: $12,108 Estimated project start date: ASAP after approval Estimated project completion date: May 22, 2015 Acres of potential/occupied gopher tortoise habitat benefiting from the proposed activity(s) Total cost per acre of gopher tortoise habitat managed: $192/acre 63 acres What is the direct benefit to gopher tortoises from the proposed management activities? Maintaining firebreaks will allow proper fire management of the entire 63 acre site. Reducing vegetation heights, by utilizing roller chopping and prescribed fire, will increase biodiversity on the forest floor through increased sunlight. This will increase the site's gopher tortoise carrying capacity. Fire will also increase native forage and native seed dispersal. Current shrub laver coverage greatly diminishes foraging, habitat and carrying capacity. Will other wildlife species benefit from the project? If so please explain. Gopher Frogs have been observed at burrows on -site. With the imporoved visibility and accessibilty of burrows there is potential to increase the gopher frog numbers. Increasing the gopher tortoise carrying capacity onsite will also directly benefit other burrow commensal species. Is there a management plan for this property? Yes Florida Fish and Wildlife Conservation Commission Page 2 of 3 07/2012 Packet Pg. 130 8.F.a Briefly describe any plans for continued future management. Future management practices will include monitoring, roller chopping, prescribed burning, invasive exotic species control, and general maintenance/upkeep (litter control, firebreaks, etc.). The Oxbow Eco-Center will work with high school students to assist in collecting baseline data, and future students will continue to monitor site to evaluate effectiveness of land management strategies toward gopher tortoises, commensal species, and general plant and animal biodiversity. Interpretive nature programs on gopher tortoises, commensal species and fire will be provided annually. How did you learn of this habitat management assistance opportunity? Allie Perryman and e-mail notification Additional items to include: X Aerial Map* X FLUCCS Map* X Soils Map* X Burrow Survey* * Maps must include the overall property boundary and the location of all proposed habitat management activities Florida Fish and Wildlife Conservation Commission Page 3 of 3 07/2012 Packet Pg. 131 8.F.b Florida#9t 40 4 coe� Order No. AB4B11 Version Number: 1 Internal Version: false Issued on Thu, 09 Oct, 2014 Created on Thu, 09 Oct, 2014 by Ariba System Supplier: St Lucie County Erosion District St Lucie County Erosion Distri, 2300 Virginia Ave R.Bouchard Ft Pierce, FL 34982 United States Phone:1772-462-1476 Fax:1772-462-1704 Contact: Sharon Benton Ship To: Bill To: FWC - Bryant Building FWC - Bryant Building Bryant Building - GHQ Bryant Building 620 South Meridian Street 620 S Meridian St Tallahassee, FL 32399 Tallahassee, FL 32399-1600 United States United States Phone: 1850.410.0656 Deliver To: Entity Description: Fish and Wildlife Conservation Commission jaime.sorin Organization Code: 77355090400 Object Code: 770000-139940 Expansion Option: 62 Exemption Status: Yes Exemption Reason?: lE Item Description Part Number Unit Qty Need By Unit Price Extended Amount 1 Prescribed burn, roller chopping, and fire ... each 12,318 None $1.00000 USD $12,318.00000 USD Prescribed burn, roller chopping, and fire line installation (weather permitting) Locat ion: Oxbow Nature Center St. Lucie, Fort Pierce FL 63 Acres at $195.52 per acre not to exceed $12,318.00. Proje ct Dates: 10/7/2014 — 5/22/2015 For questions, please contact Allie Perryman at alexandra.penyman@m yfwc.com Contract manager: Deborah Burr (850) 921-1019 Payment Information: To be paid upon 100% completion of work. If the Contractor materially fails to comply with the terms and conditions, including any Federal or State stages, rules or regulations, the FWC shall temporarily with hold cash payment pending correction of the deficiency. Additionally, Rule 60A-1.006(3), F.A.C., governs the procedure and consequences of default. Financial consequences for default by the Contractor include but are not limited to the requirement that the Contractor reimburse FWC for reprocurement costs. INVOICING: Please see submitting invoices checklist. Packet Pg. 132 8.F.b Please remit Invoice to: Alexandra Perryman Florida Fish & Wildlife Conservation Commission 620 S. Meridian Street, Mail Code 2A Tallahassee, FL 32399-1600 Distributors?: N Requester: jaime.sorm Ship To Code: AOjnn6so8.q State Contract ID: Contract ID: Requester Phone: PR No.: PR8276104 MyOreenFlorida Content: N Method of Procurement:: L - governmental agency per 287.057(3)(f)13, defined in 163.3164(10). Shipping Method: Best Way FOB Code: INC-Dest FOB Code Description: Destination freight paid by vendor and included in price. Title passes upon receipt. Vendor files any claims. Encumber Funds: Yes PO Start Date: Tue, 7 Oct, 2014 PO End Date: Tue, 30 Jun, 2015 Fiscal Year Indicator: 2015 PUI#: 7701 Site Code: 770000-00 Terms and Conditions: http://dms.myflorida.com/mfinp_PC�_TC P Card Order?: No Total �$12,318.00000 USD Comments • COMMENT by jaime.sorin on 1010712014 IMPORTANT NOTE: The Florida Fish and Wildlife Conservation Commission (FWC) is participating with the Florida Department of Management Services in a statewide initiative to transform the state purchasing process by taking advantage of available technology. This initiative will streamline the purchasing process by providing increased transparency and producing administrative efficiencies. As part of this initiative, over the next few months FWC will be transitioning its quoting process (when appropriate) from the electronic mail with attachments to the eQuote functionality within the MyFloridaMarketPlace (MFMP) Sourcing application. Vendors should ensure that their MFMP registration profiles include receiving solicitation notifications from MFMP Sourcing which include eQuotes, to ensure they have access to FWC quoting opportunities. Should you have questions concerning your registration profile or need assistance updating your profile, please contact BuyerHelp@MyFloridaMarketPlace.com. (jaime.sorin, Tue, 07 Oct, 2014) • COMMENT by betty dennis on 1010912014 This purchase order is issued subject to the terms, conditions and specifications included in the above referenced bid, contract or quotation. The contractor shall not commence any work in connection with this contract until all of the appropriate insurance coverages have been obtained to adequately protect the purchaser from any and all liability and property damage hazards which may result in the performance of this contract. Furthermore, all insurance shall be with insurers qualified and duly licenses to transact business in the State of Florida. The purchaser reserves the right to require the contractor to furnish the purchaser an insurance certificate which will provide evidence that all of the appropriate coverages are in full force and effect. Financial Consequences: If the Contractor materially fails to comply with the terms and conditions of this Purchase Order as determined by the Contract Manager, including any Federal and State statutes, rules or regulations applicable to this Purchase Order, the Commission shall take one or more of the following actions, as appropriate for the circumstances and allowed by law: A- Temporarily withhold cash payments pending correction of the deficiency; B- Reduction of cash payment if correction of deficiency is not made; C- Disallow all or part of the cost of the activity or action not in compliance; D- Request refund of previously disbursed payments related to deficiency; E- Wholly or partly suspend or terminate this agreement; F- Withhold future Purchase Order for the project or program; G- Seek other remedies legally available. (betty dennis, Thu, 09 Oct, 2014) Attachments ATTACHMENT by jaime.sorin on Tuesday, October 7, 2014 at 5:03 PM FWC STANDARD PURCHASE ORDER ATTACHMENT(rev.07.01.13).pdf (76997 bytes) Z_ C Z ILL W V Z Q H co N N a H Z W 2 W Q Z Q H Q H m Q 2 to W w N O N W u� 0 N r� v M L O t� E r R r O 2 U LL 3 O K O a CD 0 M r a Packet Pg. 133 8.F.b • ATTACHMENT by jaime.sorin on Tuesday, October 7, 2014 at 5:04 PM FWC TERMS AND CONDITIONS - FOR GOVERNMENTAL ENTITY (Rev 0 2-11-14).pdf (46771 bytes) • ATTACHMENT by jaime.sorin on Tuesday, October 7, 2014 at 5:04 PM Submitting Invoices Check List FOR VENDOR.docx (13832 bytes) • ATTACHMENT by jaime.sorin on Tuesday, October 7, 2014 at 5:05 PM St Lucie_Oxbow_App_2014-15.doc (83968 bytes) Packet Pg. 134 RESOLUTION 8.F.c 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 Fish and Wildlife Conservation Commission, as funding assistance in the amount of $12,318, to be used as funding for habitat management and an educational program involving high school students in performing biological surveys and analysis of land management strategies. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 2nd day of December, 2014, pursuant to Section 129.06 (d), Florida Statutes that such funds are hereby appropriated for the fiscal year 2014-2015, and the County's budget is hereby amended as follows: REVENUE 001-7912-369930-700 APPROPRIATIONS 001-7912-534000-700 Reimbursements Other Contractual Services After motion and second the vote on this resolution was as follows: Commissioner Paula Lewis, Chair Commissioner Kim Johnson, Vice Chair Commissioner Chris Dzadovsky Commissioner Frannie Hutchinson Commissioner Tod Mowery PASSED AND DULY ADOPTED THIS 2ND DAY OF DECEMBER 2014. ATTEST: $12,318 $12,318 XXX XXX XXX XXX XXX BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Packet Pg. 135 8.J.1 ITEM NO. (ID # 2539) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Roger Shinn, Facilities Manager Facilities Division DATE 12/02/2014 *CONSENT AGENDA\PARKS, RECREATION, & FACILITIES Clerk's Office Renovations at St. Lucie West Courthouse Annex At the February 25, 2014 Budget Workshop Meeting, Clerk Smith presented to the BOCC the proposed office renovations to the Clerk's office in the South County Annex. He discussed the history of the building and how its design had become outdated due to the evolution of the job functions and administration. He also mentioned how the annex's customer volume had increased and how the renovation would result in increased service to the public along with needed enhancement to the appearance and improved customer navigation throughout the complex. The project entails renovations to the first floor office that will provide more effective work flow and customer services for small claims, traffic and passports. The Parks, Recreation & Facilities Director, Ed Matthews, followed up with a power point presentation detailing the estimated renovation costs of $236,100. A Capital Project Summary (CIP15-030) was submitted to the Budget Office during the budget development cycle, however, the project budget was inadvertently omitted from the FY15 adopted budget. The project is already underway as the office area has been gutted. Completion is expected by mid - February. PREVIOUS ACTION: February 25, 2014 Budget Workshop presentations by Clerk Smith and the Parks, Recreation and Facilities Director. April 7, 2014 Parks, Recreation & Facilities Proposed FY15 budget submission. FINANCIAL IMPACT: $236,100 will be made available with Budget Amendment No. BA15-005 from Contingency (001-9910- 599100-800) to Facilities Capital Improvements (001-1931-546200-150067) for the South County Annex Maintenance Improvement. Packet Pg. 136 8.J.1 RECOMMENDATION: Staff recommends Board approval of Budget Amendment No. 15-005 for the Clerk's office renovations at the St. Lucie West Courthouse Annex. COMMISSION ACTION: Coordination/Signatures 7,e2 u -� Edward Matthews, Parkf, Recreatio facilities Diredftirl8/2014 Z Heather Young, Asst. County Attorney 1/20/2014 &oben&tkofsky Depu4Cnty Administrate, 11j /2014 updated: 12/1/2014 9:02 AM by Kelly Phelan A Page 2 Packet Pg. 137 �a 7 00 (suol;eAouaN M-JS : 6£SZ) sa;nulw dogs)1.ioM1a6pnEl :1u9uay3e11V BOCC Budget Workshop Tuesday, February 25, 2014 2:00 PM Discussion continued about Functionality and user compatibility between the Commissioners and staff. In addition, the designation of building square footage was discussed and consideration of future expansions was explored. Through discussion, staff mentioned that this building plan is in its beginning stages and that change will take place to account for functionality as the project continues. 2. Supervisor of Elections Proposed Lease Addendum -Supervisor of Elections - Commissioner Hutchinson opened the floor to the next agenda item and the County Administrator gave some talking points about the lease addendum. Administrator Outlaw mentioned that a consensus needed to be reached about the lease addendum while considering the previous agenda item. Supervisor Walker was the first to speak about the lease addendum. She first reviewed some details of the plans for the new building and its' projected completion and how it related to the lease addendum. After Supervisor Walker cited the projected completion date for the new building, she then elaborated on the need for her office to expand square footage, which required an addendum to the lease for the current office. After Supervisor Walker finished presenting, the Commissioner's brought up several concerns. Commissioner Dzadovsky asked for clarification as to the increased lease payments for such addendum. He then asked if it would be possible to hold off on the addendum and wait for the completion of the new building so that a lease addendum could be avoided. 3. Clerk of Court Remodel of the South County Annex -Clerk of the Circuit Court Commissioner Hutchinson opened the floor to the next agenda item and invited Clerk Smith to the table for discussion. After introduction, Clerk Smith and staff presented to the BOCC the proposed renovation for the Clerk's office in the South County Annex. Staff disclosed an overview of the renovation which included details of building plans and benefits. The build would simply be renovating 5400 SF of workspace and public area, The costs, design functionality and timeframe goals were discussed along with the upgrades which would be included. After the presentation, Clerk Smith spoke briefly about the history of the building and how its design has become outdated due to the evolution of administration, 3 1 P a g e (suol)enouaN MSS : 6ESZ) sa;nulw doysM ioM le6pn8 :1u9uayoe14V � a) r Cl) CO a BOCC Budget Workshop Tuesday, February 25, 2014 2:00 PM 0 he U M Clerk Smith also mentioned that the annex's volume has increased and this a renovation would result in increased service to the public along with needed enhancers to the appearance and navigation of the complex. The Commissioners gave some opinions and asked a few questions regarding the square footage designation and location of the renovation. Commissioners also asked for clarification as to what would actually be renovated and what would remain un-renovated. Clerk Smith described some of the challenges currently being experienced with the .layout of the building and mentioned that the renovation would correct some of these challenges. Commissioner Johnson agreed with Clerk Smith that the layout does need to be changed, and mentioned that layout changes would be beneficial. Commissioner Lewis also mentioned that the building has been modified a number of times to facilitate the changing functionality. it was further mentioned that the building's use has changed and is in need of a renovation that would fit the building to functions in its environment. 4. Update on the Tax Collector's Building -Tax Collector - Commissioner Hutchinson opened the floor to the next agenda item. Staff from the tax collector's office was in attendance to give an update to the BOCC on the progress. of the plans for the Tax Collector's building. Georgia Rich gave the presentation to the board. She disclosed that the building would be 20,000 SF on 4.1 acre site with the option to construct. a 2nd floor shell for future expansion. It was also mentioned that there would be 150 parking spaces and a DMV driver's test area. Staff mentioned the benefits that the building would bring and that it would allow service for the growing population in St. Lucie West. It was further mentioned that this building would have the capacity to provide potential DMV services throughout Saint Lucie County as well as Martin County. The tax collector set plans to close on this property during the week of February 24th, 2014. Staff broke down the costs of this building and mentioned that the property would cost $580,000- $670,000, The cost of construction would fall between $5, 6000,000 and $6,100,000(est. $240/SF). The cost of the 2d floor shell option would range close to $3,900,000(est. $135/SF). Staff mentioned that the magnitude of project will require debt financing funded from Tax Collector excess fees and would be set for completion in late.2016. . 4 1 P a g e co (suoi;eAOUON MlS : 6£SZ) uoi;e;uasaad;uiod JGMOd MIS :;uGwLl3ePV msh PFF 0 c rt 0 a m a (suoi;eAOUON MlS 6£SZ) uoi;e;uasaad;uiod JGMOd MIS :;uGwLl3ePV co SI) n h CL o 0. 0 (D �. CD 0 Cr N _ � Cl) CLO (D o COM c. CD C �. N v} � . � n � o0o� ` o r tn�o --h rMIL (D m. Ul n �C No m �C/) ,n X 0 n c 3 .� o �, (n o 0 co (suoi;eAOUON MlS : 6£SZ) uoi;e;uasaad;uiod JGMOd MIS :;uGwLl3e44d 0 0 0 0 0 0 0 A W 10 CD Co CD m O �., O CD CD 0 CD . _. CD N n� CL � ,.,,,,. O �. o CD 2) O 0 VI �:O O = 0 CD CL n '�'. � o Q° a O CD CD Cl) '�..,' 0 � O CD 0 rr 0) sm �CL ..... � (D CD (D 0 -h * ;: r O =r CL ' N = CD w -to 40 -Gq w CD CD CD CD C W N IV m cr) CD �CD CD Ln -z ..s O©®aCD (1)�a CD © CD CD CD 0 -h C) C) CD 0 C) C) O CD (suoi;eAOUON MlS : 6£SZ) uoi;e;uasaad;uiod JGMOd MIS :;uGwLl3ePV co 8.J.1.d BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: PREPARED DATE: AGENDA DATE: ACCOUNT NUMBER TO: 001-1931-546200-150067 FROM: 001-9910-599100-800 Parks, Recreation & Facilities - Facilities 11/17/2014 12/2/2014 ACCOUNT NAME AMOUNT Maintenance Improvement Proiects $236,100 Continaencv $236.100 REASON FOR BUDGET AMENDMENT: To I Office Renovations Droiect (CIP15-030 RESERVE BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: ide fundina for the Clerk of Court's St. Lucie West 1,418,735 $236,100; 1,182,635 BA15-005 Packet Pg. 144 8.J.1.e FISCAL YEAR 2014-2015 FUNDS APPROVED FROM CONTINGENCY GENERAL FUND AMOUNT REMAINING: $1,418,735 ITEM Approved Budget Contingency Proposed action: BA15-005 Clerk of Court's St. Lucie West Office Renovations ACCOUNT # 001-9910-599100-800 Total used: Balance Available 001-1931-546200-150067 AMOUNT $1,418,71 m M Lf) N_ $( a1 $1,418,73° -j $236,10( Balance Available After Proposed Action: $1,182,63° Packet Pg. 145 8.J.2 ITEM NO. (ID # 2545) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: DATE: 12/02/2014 *CONSENT AGENDA\PARKS, RECREATION, & FACILITIES Edward Matthews, Parks, Recreation & Facilities Director Parks, Recreation, & Facilities Second Amendment to DiMichelli Concession & Catering Agreement On December 18, 2012, the Board awarded RFP No. 13-008 for Concessions & Catering Services, and entered into a two-year agreement with Di'Michelli's Catering, Inc., to provide food, beverage concessions, and catering services at five County venues. On June 18, 2013, the Board approved the First Amendment to the agreement (C12-12-513) with Di'Michelli's Catering, Inc. Based on a review of the current contract, discussions with DiMichelli's Catering, Inc., and input from staff, it is recommended that the contract be amended to incorporate the following: A. Food prepared and served by Lessee whereby the food is not being prepared by nor purchased from any other professional caterer, catering service, or restaurant will be allowed. B. Simple or prepared food items served by the Lessee (including, but not limited to continental breakfast, sandwiches, pizza, party trays, packaged snacks, celebratory desserts, coffee, water and non-alcoholic beverages) will be allowed. This exclusion will only apply to food and beverages served for breakfast, lunch or snacks -and will not apply to events with attendance greater than 50 people. Food provided any other caterer, catering services or restaurant and served in chafing trays or warming trays is prohibited under this exclusion. C. If the Concessionaire is unable to provide a specific cuisine requested for a catered event or if the Lessee requests to use their own subcontractor, the Concessionaire will be permitted to hire sub- contractors with the prior written approval of the Parks, Recreation & Facilities Director to provide additional food service within the scope of the Contract. All sub -contractors will pay the same predetermined percent of their gross sales that the concessionaire has agreed to pay from the event worked. This percent will be mutually agreed upon in advance by the Concessionaire and the County. The parties will agree that the Concessionaire will retain 50% of the gross percent and the County will retain 50% of the gross percent paid by the subcontractor. The Concessionaire will include this information and compensation on the end of the month report. All sub -contractors must provide applicable insurance and food manager's certification. Packet Pg. 146 8.J.2 D. The Concessionaire will be the exclusive provider for concessions for all public and/or tickets events. With the exception of the annual Chili Cook -Off, the Busch Wildlife Sanctuary Annual PBR/BBQ Contest and the St. Lucie County Fair, the Concessionaire will be the sole provider of alcohol for the facilities (including catered affairs). Under the agreement (C12-12-513) between the Board of County Commissioners and Di'Michelli's Catering, Inc., the parties reserve the right to extend the term of the agreement for an additional three years on a year to year basis. Based on their positive performance providing concessions and catering services, staff request the Board of County Commissioners to exercise the first one-year extensions to the agreement extending the term through December 17, 2015 and incorporate the amended language above. PREVIOUS ACTION: December 18, 2012 - Item VI-F3 - Award of RFP No. 13-008 for Concessions & Catering Services to Di'Michelli's Catering, Inc. for an initial contract term of two (2) years with an optional three (3) year extension on a year to year basis. On June 18, 2013, Board approval of the First Amendment to the agreement (C12-12-513) with Di'Michelli's Catering, Inc. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board approval of the Second Amendment to the agreement (C12-12-513) with Di'Michelli's Catering, Inc., and authorization for the Chairman to sign documents as approved by the County Attorney. life] ►&IMIRS1WLIeT41IIs] ►E Coordination/Signatures 1 J. !" AV - ent— — f - Danie s. McIntyre, C my ttorney 11/24/2014 dob bkofsky, Deputy C my Adnninistrato, 11/" 5/2014 Updated: 11/25/2014 3:42 PM by Kelly Phelan B Page 2 Packet Pg. 147 9.A.1 ITEM NO. RES-2014-220 Mr DATE: 12/02/2014 COUNTY ' R 1. D AGENDA REQUEST *PUBLIC HEARINGS\UTILITIES TO: Board of County Commissioners PRESENTED BY: Laurie Waldie, Utility Director SUBMITTED BY: Utilities SUBJECT: Amending Certain Rates, Fees and Charges for the SLC South Hutchinson Island District Wastewater Utility BACKGROUND: The Utility has reviewed the rates, fees and charges for the South Hutchinson Island District (SHI) Wastewater District. The below adjustments are being requested for approval: 1. Reduce the Convenience Fee from the current charge of $4.00 to $2.25. This fee is charged when a customer calls to make a utility payment using their credit card. 2. Increase the Premises Visit - After Hours Fee from the current charge of $98.00 to $101.00. This fee is charged when a customer requests a Utility Technician for a premise visit due to an "emergency" after Utility Office hours and the problem is on the customer's side of the service. This increase is due to the indexing of overtime charges by our contract operator. 3. Reduce the Developer Agreement Fee to $4,820.00 from $5,820.00 to be in line with the previously reduced St. Lucie County Water and Sewer District Developer Agreement Fee. This public hearing was advertised in a local newspaper at least 10 days prior to the public hearing and the notice has been included on the customer's prior month's bill. The proposed Rate Tariffs have also been made available to the Board and the public. This public hearing will not affect the rates for customers of the St. Lucie County Water & Sewer District. PREVIOUS ACTION: November 9, 2010 - BOCC approved Resolution 10-291 adopting the rate structure for SLC South Hutchinson Island District Wastewater Utility. FINANCIAL IMPACT: N/A RECOMMENDATION: Packet Pg. 148 9.A.1 Staff recommends Board approval to amend certain rates, fees and charges for the SLC South Hutchinson Island District Wastewater Utility. COMMISSION ACTION: Coordination/Signatures Al 4L,%,,,Wlde, Utility Director Heather Young, Asst. County Attorney 1/20/2014 go�ge-rtkofsky, Depu 6Cntf:: dministrato, 11/ 12014 Updated: 11/20/2014 10:34 AM by Bob Bentkofsky Page 2 Packet Pg. 149 9.A.1.a Notice of Public Hearing The public is hereby notified-�that ,xhe Board "of'County; Commissioners F 0 r of St •Lucie -Cou, y; m Florida;'will hold a public hearing C N -on; Tuesday, "_December ) 2,.2014, ,during the regularly'scheduled meeting `of ,the . . nty`Cofimis- _ Sion beginning'`atCO 6:00 R:M: ,or as soon 'thereafter. as n w possible;atr2300 Virginia :Avenue,, Ft.; Pierce, ;FL,Y to :re- cejve pOb1jb -.,coin- c N N Mehl' on" proposed adjustments'to the r1liScellaneo,u Jees and ;charges,"(redu- N Uj ctio.n 'of'the` Con- w � venience ;Fee to $2.25, reduction of the'De;velope'r c Agreemenfi Fee N ,to $4,,820 00, and in= crease -.of tW!Prei w ISP,-Visit for 'after 3 hours, or.'eme'rgen cY,bYr.$3.0b o $101.00) far bus- z x t o n e r s-. o"f .t h e South Hutchinson eE Island-D,is,tri'ct Waste Water,' tili- d E ties;,( does not,.in- clude the St:', LLicid Count y Water, and Q posed adjustments are; available 'for -re- vieW.-at the Utility Office or ori?jhe Website ,at www ,stl- uci eco;org/uti lities. Pub: 'November 18, 2014 TCN2661174 9 Packet Pg. 150 9.A.1.b ST. LUCIE COUNTY UTILITIES SOUTH HUTCHINSON ISLAND DISTRICT Proposed Adjustments to be Effective January 1, 2015 Current: Normal reconnection of service $36.00 $98.00 per hour minimum (emergency only) Premises visit (in lieu of disconnect) $36.00 $98.00 per hour minimum (emergency only) Convenience Fee: Developer Agreement Fee BOCC Agenda 12/02/2014 $ 4.00 $5,820.00 Proposed: Normal reconnection of service $36.00 $101.00 per hour minimum (emergency only) Premises visit (in lieu of disconnect) $36.00 $101.00 per hour minimum (emergency only) Convenience Fee: $ 2.25 Developer Agreement Fee: $4,820.00 0 0 d d r c� x co co w 0 N N 0 N co w OC O N N N L N O 0M O L L L x co d E t c.i Q Packet Pg. 151 9.A.1.c RESOLUTION NO. 14- A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AUTHORIZING THE ADJUSTMENT OF WASTEWATER AND RECLAIMED WATER UTILITY RATES, FEES AND CHARGES FOR CUSTOMERS WITHIN THE ST. LUCIE COUNTY SOUTH HUTCHINSON ISLAND DISTRICT WASTEWATER UTILITY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the St. Lucie County Board of County Commissioners ("Board") established a schedule fixing sewer and reclaimed water utility rates, fees and charges for the utility services furnished or to be furnished to the customers of the St. Lucie County Utilities — South Hutchinson Island District Wastewater Utility ("District") in the amended Resolution No. 07-208; and WHEREAS, on November 9, 2010, in Resolution No. 10-291, the Board established the existing water, wastewater and reuse utility rates, fees and charges for the utility services furnished to the customers of the District ("2010 Rate Resolution"); and WHEREAS, the Board provided written notice of the proposed Schedule of Rates, Fees and Charges for the St. Lucie County Utilities — South Hutchinson Island District Wastewater Utility to the utility customers within the District; the notice set forth the date, time and place of the meeting of the Board of County Commissioners at which such proposals would be considered and whereby interested parties had an opportunity to be heard concerning the 2014 Rate Schedule. WHEREAS, the Board, on the advise and recommendation of its utility staff and technical advisors, and after hearing comments from the public, has established a schedule fixing sewer and reclaimed water utility rates, fees and charges for customers within the District and finds that such adjusted 2014 (Exhibit A) Schedule of Rates, Fees and Charges just and equitable and in the public interest. SHI Rate Resolution 2014 Packet Pg. 152 9.A.1.c NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: Section 1. ADOPTION OF 2014 RATE SCHEDULE FOR THE DISTRICT. The attached 2014 Rate Schedule, setting forth the rates, fees and charges for customers within the St. Lucie County Utilities — South Hutchinson Island District Wastewater Utility to be serviced by the District utility system is hereby adopted. The 2014 Rate Schedule shall be effective commencing with the first billing cycle on or after January 1, 2015 Section 2. AUTOMATIC ADJUSTMENTS. The 2014 Rate Schedule shall be automatically adjusted on an annual basis without further action of the Board based upon the application of the Florida Public Service Commission utility price indices, as established from time to time by the Florida Public Service Commission pursuant to Florida Statute section 367.081(4)(a), as amended, ("Cost Adjustment"), to the then existing rates, fees and charges of the District. Prior to application of this automatic Cost Adjustment provision, the District Utility Director shall submit to the Board at a St. Lucie County Board of County Commissioners meeting a report detailing the amount of the adjustment and the new rates, fees and charges, as adjusted. In addition, the rates, fees and charges of the District shall be automatically increased without further action of the Board based upon the implementation of a rate increase to the District by any utility which provides utility service to the District, or upon implementation or increase of any taxes or assessments levied by a governmental authority against the District ("Cost Pass -through"). Prior to application of this Cost Pass -through provision, the District Utility Director shall submit to the Board at a St. Lucie County Board of County Commissioners meeting a report detailing the amount of the adjustment and the new rates, fees and charges, as adjusted. Unless the Board votes to withhold an automatic Cost Adjustment or Cost Pass -through, the District's Schedule of rates, SHI Rate Resolution 2014 Packet Pg. 153 9.A.1.c fees, and charges shall be adjusted pursuant to this section as required effective as of the first billing cycle after the Board's meeting. No public hearing shall be required for the automatic adjustments set forth in this section. Section 3. SEVERABILITY. If any section, paragraph, sentence, clause, phrase, or word of their Resolution is for any reason held by a court to be unconstitutional, inoperative, or void, such holding shall not affect the remainder of this Resolution. Section 4. EFFECTIVE DATE. The 2014 Rate Schedule shall be effective commencing with the first billing cycle on or after January 1, 2015 (the "Effective Date") Section 5. ADOPTION. After motion and second, the vote on this Resolution was as follows: Chair Paula A. Lewis Vice Chair Kim Johnson XXX Commissioner Chris Dzadovsky XXX Commissioner Tod Mowery XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ENACTED this 2nd day of December, 2014. ATTEST: BOARD OF COUNTY COMMISSIONER ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney SHI Rate Resolution 2014 Packet Pg. 154 9.A.1.c EXHIBIT "A" SCHEDULE OF RATES, FEES AND CHARGES EFFECTIVE COMMENCING WITH THE FIRST BILLING CYCLE ON OR AFTER JANUARY 1, 2015. SHI Rate Resolution 2014 Packet Pg. 155 9.A.1.d EXHIBIT "A" JANUARY 2015 RATE SCHEDULE ST. LUCIE COUNTY UTILITIES SOUTH HUTCHINSON ISLAND DISTRICT WASTEWATER RATES: $30.23 per month per EDU Accrued Guaranteed Revenue (AGR) - a non-refundable guaranteed revenue charge paid by each new customer at a rate of $1,813.80 per EDU. Payment shall be due prior to the issuance of a building permit by St. Lucie County. CUSTOMER ACCOUNT CHARGE: $2.40 per metered connection WASTEWATER DEPOSIT: $ 88.00 per unit (refundable) (The District will require a deposit for each single family home or individual multifamily unit connecting to the District's system) RECLAIMED WATER RATE: $ 3.04 per thousand gallons (The reclaimed water rate will apply to any developer/future customer who receives reclaimed water prior to connecting to the District's system for wastewater treatment and disposal.) RECLAIMED WATER DEPOSIT: LATE CHARGE: CONVENIENCE FEE: NORMAL RECONNECTION OF SERVICE: PREMISE'S VISIT (in lieu of disconnect): DR FF,F.- ADMINISTRATIVE FEE: PLAN REVIEW FEE: INSPECTION FEE: DEVELOPER AGREEMENT FEE: SERVICE AGREEMENT FEE: LATERAL FEES - SHORT & LONG: Resolution 2014- St. Lucie County Utilities Rate Schedule A Effective for bills rendered after January 1, 2015 $ 250.00 (refundable) The greater of $6.00 or 1.5% of full amount of late notice $2.25 $36.00 (normal hours) $101.00 per hour minimum (emergency only) $36.00 (normal hours) $101.00 per hour minimum (emergency only) $50.00 $295.00 2% of construction costs 1 1/2 % of construction costs $4,820.00 $582.00 Actual cost Packet Pg. 156 9.A.2 ITEM NO. RES-2014-221 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Laurie Waldie, Utility Director SUBMITTED BY: Utilities DATE: 12/02/2014 *PUBLIC HEARINGS\UTILITIES SUBJECT: Amend Certain Rates, Fees and Charges for the St. Lucie County Water & Sewer District (North County) BACKGROUND: Upon review of the Utility Rates, Fees and Charges, the Utility District is proposing adjustments to the rates, fees and charges for the Water & Sewer District. The below adjustments are being requested for approval: 1. Reduce the Convenience Fee from the current charge of $4.00 to $2.25. This fee is charged when a customer calls to make a utility payment using their credit card. 2. Increase the Premises Visit - After Hours Fee from the current charge of $98.00 to $101.00. This fee is charged when a customer requests a Utility Technician for a premise visit due to an "emergency" after Utility Office hours and the problem is on the customer's side of the service. This increase is due to the indexing of overtime charges by our contract operator. 3. Remove the fourth tier of the Water Consumption Charge for Business/Commercial. Currently there are four (4) tiers used to calculate the charge for water usage per 1,000 gallons. The highest, or fourth one for consumption of "15,001 and above" at $6.43 will be eliminated. The third tier will be changed from "10,001 to 15,000" at $5.58 to now be "10,000 and above" at $5.58 per 1,000 gallons. This will assist the businesses that are not able to reduce their water usage using conservation efforts due to the nature of their business. The first two fees were adopted by Resolution 12-175 and the third charge by Resolution 13-079. They will be adjusted and adopted under one rate, fees and charges resolution. This public hearing was advertised in a local newspaper at least 10 days prior to the public hearing and the notice has been included on the customer's prior month's bill. The proposed Rate Tariffs have also been made available to the Board and the public. These changes will not affect the rates for customers of the St. Lucie County South Hutchinson Island District Wastewater Utility. Packet Pg. 157 9.A.2 PREVIOUS ACTION: May 7, 2013 - BOCC approved Resolution 13-079 adopting the rate structure for SLC Water & Sewer District. October 2, 2012 - BOCC approved Resolution 12-175 adopting the rate structure for SLC Water & Sewer District. March 9, 2010 - BOCC approved Resolution 10-069 adopting the rate structure for SLC Water & Sewer District. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board approval to amend certain rates, fees and charges for the St. Lucie County Water & Sewer District. COMMISSION ACTION: Coordination/Signatures L ANeWWaldie, Utility Director 11 0/ZLi14 I A�— Heather Young, Asst. County Attorney 1/20/2014 gob bentkofsky, Deputy Co�inty Administrato, 11/ /2014 Updated: 11/20/2014 10:35 AM by Bob Bentkofsky Page 2 Packet Pg. 158 9.A.2.a Hearing The public is hereby noti_fied'Ihat the Board °cif' County Commissioners .of St. 'Lucie County,', Florida: will hnlri a i e s 6 a water:,consump- tion tier, for ,Busi nesse's �Onlyf ,rand miscellaneous 'fees (reduction "of .the "Convenience Fe'e-to $2.26 andl'ncrease Of .the Premise :visit. for"'after, hours or emexge`n-cy by $3.00 to';$101,00) .for 'custom.ers'of the ,St, - Lucie` Coun- ty Water arid';Sewer District '(Does not include the'South Hutchinson 'Island :District wastewater customers.)i -The pr'.oposed,;rates are :available for review at the i Utility; Office or o'n,_the-wbbsitb- at www.stlucie'co, org/utilities. Pub: .No'vember 18,I 2014 TCN2661173 c 0 m m c 0 V z 0 z Cn oWc T N N O N N w 0 N 0 N d z C v z c d E z m Q Packet Pg. 159 9.A.2.b ST. LUCIE COUNTY WATER AND SEWER DISTRICT Proposed Adjustments to be Effective January 1, 2015 Current: Business/Commercial Consumption Charge (Per 1,000 Gallons) 0 to 5,000 $ 3.37 5,001 to 10,000 $ 4.56 10,001 to 15,000 $ 5.58 15,001 and above $ 6.43 Normal reconnection of service $36.00 $98.00 per hour minimum (emergency only) Premises visit (in lieu of disconnect) $36.00 $98.00 per hour minimum (emergency only) Convenience Fee $ 4.00 Proposed: 0 to 5,000 $ 3.37 5,001 to 10,000 $ 4.56 10,001 and above $ 5.58 Normal reconnection of service $36.00 $101.00 per hour minimum (emergency only) Premises visit (in lieu of disconnect) $36.00 $101.00 per hour minimum (emergency only) Convenience Fee $ 2.25 c 0 0 N 0 c 0 U z 0 z Cn N N O N co W 0 N d M L d 0 0. 0 L a c m L L ci 0 z d E z U 2 a BOCC Agenda 12/02/2014 Packet Pg. 160 9.A.2.c RESOLUTION 14- A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SITTING AS THE COMMISSION OF THE ST. LUCIE COUNTY WATER AND SEWER DISTRICT, AUTHORIZING THE ADJUSTMENT OF WATER, WASTEWATER, AND REUSE UTILITY RATES, FEES AND CHARGES FOR CUSTOMERS WITHIN THE ST. LUCIE COUNTY WATER AND SEWER DISTRICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 04-023, (the "District Ordinance") the St. Lucie County Board of County Commissioners ("Board") created the St. Lucie County Water and Sewer District ("District") for the purpose of providing water, wastewater, and reclaimed water service within the boundaries of the District; and WHEREAS, on June 1, 2010, in Resolution No. 10-149, the Board, sitting as the Commission of the St. Lucie County Water and Sewer District ("Commission") established the existing water, wastewater and reuse utility rates, fees and charges for the utility services furnished to the customers of the District ("2010 Rate Resolution"); and WHEREAS, on October 2, 2012, in Resolution No. 12-175, the Board, sitting as the Commission of the St. Lucie County Water and Sewer District ("Commission") established an adjusted schedule fixing commercial water utility rates, fees and charges for customers within the District ("2012 Rate Resolution"); and WHEREAS, on May 7, 2013, in Resolution No. 13-079, the Board, sitting as the Commission of the St. Lucie County Water and Sewer District ("Commission") established an adjusted schedule fixing commercial water utility rates, fees and charges for customers within the District ("2013 Rate Resolution"); and WHEREAS, all other rates, fees and charges as adopted in Resolution No. 10-149 and Resolution No. 13-079 stay in effect and are not being adjusted. w&S District Rate Resolution 2014 Packet Pg. 161 9.A.2.c NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, sitting as the Commission of the St. Lucie County Water and Sewer District: Section 1. ADOPTION OF THE ADJUSTMENTS TO THE 2014 RATE SCHEDULE FOR THE DISTRICT. The adjustments to the 2014 Rate Schedule, setting forth the rates, fees and charges for customers within the St. Lucie County Water and Sewer District to be serviced by the District utility system is hereby adopted and shall be effective commencing with the first billing cycle on or after January 1, 2015. Section 2. AUTOMATIC ADJUSTMENTS. The 2014 Rate Schedule shall be automatically adjusted on an annual basis without further action of the Board based upon the application of the Florida Public Service Commission utility price indices, as established from time to time by the Florida Public Service Commission pursuant to Florida Statute section 367.081(4)(a), as amended, ("Cost Adjustment"), to the then existing rates, fees and charges of the District. Prior to application of this automatic Cost Adjustment provision, the District Utility Director shall submit to the Board at a St. Lucie County Board of County Commissioners meeting a report detailing the amount of the adjustment and the new rates, fees and charges, as adjusted. In addition, the rates, fees and charges of the District shall be automatically increased without further action of the Board based upon the implementation of a rate increase to the District by any utility which provides utility service to the District, or upon implementation or increase of any taxes or assessments levied by a governmental authority against the District ("Cost Pass -through"). Prior to application of this Cost Pass -through provision, the District Utility Director shall submit to the Board at a St. Lucie County Board of County Commissioners meeting a report detailing the amount of the adjustment and the new rates, fees and charges, as adjusted. Unless the Board votes w&S District Rate Resolution 2014 Packet Pg. 162 9.A.2.c to withhold an automatic Cost Adjustment or Cost Pass -through, the District's Schedule of rates, fees, and charges shall be adjusted pursuant to this section as required effective as of the first billing cycle after the Board's meeting. No public hearing shall be required for the automatic adjustments set forth in this section. o 3 Section 3. EFFECTIVE DATE. The 2014 Rate Schedule shall be effective as commencing with the first billing cycle on or after January 1, 2015. Section 4. ADOPTION. After motion and second, the vote on this Resolution 3 0 U was as follows: 0 Chair Paula A. Lewis XXX Z W w Vice Chair Kim Johnson XXX N Commissioner Chris Dzadovsky XXX 0 N Commissioner Tod Mowery XXX cis w W Commissioner Frannie Hutchinson XXX 1+ PASSED AND DULY ENACTED this 2nd day of December, 2014. ATTEST: BOARD OF COUNTY COMMISSIONER ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: :• County Attorney w&S District Rate Resolution 2014 Packet Pg. 163 9.A.2.c EXHIBIT "1" SCHEDULE OF RATES, FEES AND CHARGES EFFECTIVE COMMENCING WITH THE FIRST BILLING CYCLE ON OR AFTER JANUARY 1, 2015. N N O N co W w W&S District Rate Resolution 2014 Packet Pg. 164 EXHIBIT "1" 9.A.2.d ST. LUCIE COUNTY WATER AND SEWER DISTRICT COMMERCIAL METERED RATE SCHEDULE WATER SERVICE AVAILABILITY — Available throughout the area served by the District. APPLICABILITY — For water service to all commercial and industrial customers and to where no other rate schedule applies. RATES (Monthly) Base Facility Charge Based on water ERC's (an ERC equals 300 gallons per day) Per ERC $29.23 Customer Account Charge (Per Metered Connection) $ 2.40 Non-Business/Commercial Consumption Charge (Per 1,000 Gallons) 0 to 5,000 $ 3.37 5,001 to 10,000 $ 6.06 10,001 to 15,000 $ 8.08 15,001 and above $ 9.43 Business/Commerical Consumption Charge (Per 1,000 Gallons) 0 to 5,000 $ 3.37 5,001 to 10,000 $ 4.56 10,001 and above $ 5.58 St. Lucie County Utility Rates Effective for bills rendered after January 1, 2015 Packet Pg. 165 EXHIBIT "1" 9.A.2.e ST. LUCIE COUNTY WATER AND SEWER DISTRICT MISCELLANEOUS FEES AND CHARGES RATE SCHEDULE WATER AND WASTEWATER SERVICE AVAILABILITY — Available throughout the area served by the District. APPLICABILITY — Applicable to all water and wastewater customers of the utility system. RATES: Account Service Fee Normal reconnection of service Violation reconnection of service Premises visit (in lieu of disconnect) Late Payment Charge Convenience Fee Initial Application Fees: Administrative Fee Plan Review Fee Inspection Fee Developer Agreement Fee Service Agreement Fee DRC Fee Request for meter test: 5/8" to 1 11/2" Meter 2" and above Meter Fee applicable when meter tests within tolerances Resolution 2014- St. Lucie County Utility Rates Effective for bills rendered after January 1, 2015 Normal Hrs. After Hrs. $36.00 $36.00 $101.00 per hour minimum (emergency only) $46.00 $36.00 $101.00 per hour minimum (emergency only) $ 6.00 $ 2.25 $295.00 2% of construction costs 1 1/2% of construction costs $4,820.00 $582.00 $50.00 $36.00 Actual cost plus 15% c 0 0 N c 0 U z 0 z w N N 0 N co W Packet Pg. 166 ITEM NO. RES-2014-222 TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Barbara Guettler, MSBU Project Manager MSBU Program Noa Street MSBU - Final Assessment Resolution DATE: 12/02/2014 *PUBLIC HEARINGS\PUBLIC WORKS In 2013, several property owners on Noa Street and Russ Road petitioned the Board requesting that a Municipal Services Benefit Unit ("MSBU") be created to fund the cost of constructing potable water and fire protection improvements to serve their homes ("the Project"). Property owners within the proposed Noa Street MSBU were then mailed a package including a cover letter, ballot, and project fact sheet to determine the level of support in creating the MSBU. Preliminary balloting results indicate that 95% of the affected parcel owners support the imposition of assessments to fund the project. There are currently thirty-four (34) parcels within the Noa Street MSBU which includes Noa Street and Russ Road between Oleander Avenue and Melville Road. The proposed Noa Street MSBU is located within the utility service area of Ft. Pierce Utilities Authority (FPUA). FPUA has designed, permitted, and bid the project and agreed to provide construction management and inspection services at no cost to assessed parcel owners. FPUA has also agreed to contribute up to $39,979 towards the Project to offset the Capital Improvement Charges imposed by FPUA. These terms are included in an interlocal agreement with FPUA which has been execute by the County, FPUA and the City of Ft. Pierce. In all, FPUA's contributions has reduced the total project cost by approximately $70,000. In April 2014, affected property owners were notified by mail of their maximum estimated assessment amount. On May 8, 2014 an informational meeting was held with County staff, FPUA staff and property owners to discuss the MSBU process, project design, project cost, and annexation issues. On August 12, 2014, the Board approved Resolution No. 2014-121, the Initial Assessment Resolution. The Initial Assessment Resolution described the property to be located within the Noa Street MSBU, provided for the imposition of special assessments therein, estimated the cost to be funded through special Packet Pg. 167 assessments, established the method of apportioning the special assessment among affected real property, directed the assessment coordinator to prepare a preliminary assessment roll, approved the interlocal agreement with FPUA and the City of Ft. Pierce, authorized and directed staff to take such actions as maybe necessary in furtherance of the project and the financing of the cost thereof through special assessments, established this public hearing to consider imposition of the proposed assessments and provided an effective date. The Initial Assessment Resolution included thirty-six (36) parcels within the legal description. Since the Initial Assessment Resolution was approved, a parcel owner combined two (2) parcels into one (1) and another parcel was removed from the Noa MSBU boundary because it has access to potable water via an easement to US1. The Initial Assessment Resolution estimated the maximum assessed cost of the project to be $258,000. However, as a result of favorable construction bids and the County financing the project through the MSBU Capital Project In-house Revolving Loan Fund, the assessed cost of the project has been reduced to $215,000. Accordingly, the assessment amount has been reduced from $8,848 to $7,354 and the maximum annual payment from $709 to $501.65 per Equivalent Residential Connection ("ERC"). Annual assessments are scheduled to be collected for twenty (20) years beginning in November 2015 bearing interest at the rate of 3.16% per annum; however, due to early payoffs, interest earned, and the debt service reserve account, MSBU loans are usually paid off one or two years early. If the Board approves this Resolution property owners will have an opportunity to pay their assessment prior to financing being obtained; thereby, avoiding the cost related to financing the project, annual financing, collection and administrative cost. The discounted prepay assessment amount is $6,652.11 per ERC. The assessment imposed against each parcel may be further reduced upon completion of the project depending on whether contingencies arise during construction and the total number of ERCs ultimately attributed to the Noa MSBU. If the project comes in under budget, property owners who prepaid the assessment will receive a refund of the difference. Assessment being collected annually along with property taxes will be reduced to reflect the lower cost. On November 10, 2014, affected property owners were notified by mail of this public hearing and of their proposed assessment amount, annual payment amount, and discounted prepay amount. Notice of this public hearing was also published in the newspaper on November 10, 2014. The attached resolution constitutes a Final Assessment Resolution as required by the County's Assessment Ordinance. The purpose of the Final Assessment Resolution is to determine that real property within the Noa MSBU will be specially benefited by the improvements, ratify and confirm the Initial Assessment Resolution, approve the assessment roll, impose assessments upon all parcels described in the assessment roll, provide the method for collection, direct recorded notice of the assessments, and provide an effective. Updated: 11/26/2014 3:10 PM by Barbara Guettler Page 2 Packet Pg. 168 PREVIOUS ACTION: August 12, 2014 - Board approved Resolution No. 2014-121, Initial Assessment Resolution October 21, 2014 - Board approved Resolution No. 2014-167, Budget Resolution October 21, 2014 - Board approved Resolution No. 2014-174, Notice of Intent FINANCIAL IMPACT: The revenue generated by the collection of special assessments for the Noa Street MSBU will be utilized to repay the MSBU in-house loan obtained to fund the potable water and fire protection improvements within the MSBU. Funds will be deposited into the Noa MSBU (37007-4115-384200 & 366910-144609). RECOMMENDATION: Staff recommends Board approval of the Noa Street MSBU Final Assessment Resolution and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures _-N cx\a VA [ on We t, Public Works Directo 014 - --�— — - ka,ieYS. McIntyre, C my ttorney 11/24/2014 dob bentkofsky, Deputy C�Tinty Administrator 11/ 4/2014 Updated: 11/26/2014 3:10 PM by Barbara Guettler Page 3 Packet Pg. 169 9.B.a ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS NOA MUNICIPAL SERVICES BENEFIT UNIT FINAL ASSESSMENT RESOLUTION ADOPTED DECEMBER 2, 2014 Packet Pg. 170 9.B.a TABLE OF CONTENTS FINAL ASSESSMENT RESOLUTION Page SECTION 1. AUTHORITY.............................................................................................1 SECTION 2. DEFINITIONS...........................................................................................2 SECTION3. FINDINGS..................................................................................................2 SECTION 4. RATIFICATION AND CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION AND PRIOR ACTIONS ..... 4 SECTION 5. ASSESSMENTS.........................................................................................5 SECTION 6. APPROVAL OF ASSESSMENT ROLL..................................................7 SECTION 7. COLLECTION OF ASSESSMENTS........................................................7 SECTION 8. EFFECT OF FINAL ASSESSMENT RESOLUTION .............................8 SECTION 9. ASSESSMENT NOTICE...........................................................................8 SECTION 10. EFFECTIVE DATE....................................................................................9 APPENDIX A PROOF OF PUBLICATION APPENDIX B AFFIDAVIT OF MAILING APPENDIX C FORM OF ASSESSMENT NOTICE APPENDIX D AMENDED DESCRIPTION OF NOA MSBU m Packet Pg. 171 9.B.a RESOLUTION NO.2014-222 A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS RELATING TO THE CONSTRUCTION AND FUNDING OF POTBLE WATER AND FIRE PROTECTION IMPROVEMENTS BENEFITTING REAL PROPERTY LOCATED WITHIN THE NOA MUNICIPAL SERVICES BENEFIT UNIT; DETERMINING THAT REAL PROPERTY THEREIN WILL BE SPECIALLY BENEFITED BY THE IMPROVEMENTS; ESTABLISHING THE METHOD OF ASSESSING THE COSTS OF THE IMPROVEMENTS AGAINST THE REAL PROPERTY THAT WILL BE SPECIALLY BENEFITED THEREBY; ESTABLISHING OTHER TERMS AND CONDITIONS OF THE ASSESSMENTS; AMENDING, RATIFYING AND CONFIRMING THE INITIAL ASSESSMENT RESOLUTION; APPROVING THE ASSESSMENT ROLL; IMPOSING ASSESSMENTS UPON ALL TAX PARCELS DESCRIBED IN THE ASSESSMENT ROLL; PROVIDING THE METHOD OF COLLECTION; DIRECTING RECORDED NOTICE OF THE ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF ST. LUCIE COUNTY AS FOLLOWS: SECTION 1. AUTHORITY. This Resolution of the St. Lucie County Board of County Commissioners (the 'Board") is adopted pursuant to the provisions of Article IV of Chapter 40 of the County Code of Ordinances (as successor to Chapter 1- 13.6 thereof) (the "Assessment Ordinance"), sections 125.66, 197.3632, and 197.3635 of the Florida Statute, and other applicable provisions of law, and Resolution No. 2014-121 adopted by the Board on August 12, 2014 (the "Initial Assessment Resolution"). 1 Packet Pg. 172 9.B.a SECTION 2. DEFINITIONS. This Resolution is the Final Assessment Resolution. All capitalized terms in this Resolution shall have the meanings defined in the Assessment Ordinance and the Initial Assessment Resolution. SECTION 3. FINDINGS. It is hereby ascertained, determined and declared that: (A) The findings provided in Section 1.04 of the Initial Assessment Resolution are hereby ratified, confirmed, and incorporated as if set forth fully herein. (B) On August 12, 2014, the Board adopted the Initial Assessment Resolution which described the potable water and fire protection improvements comprising the Project, provided for the funding thereof through Assessments and the method of assessing the cost of such improvements against the real property located within the Noa MSBU benefited thereby, established a public hearing to consider imposition of the Assessments, and directed preparation of the preliminary Assessment Roll. (C) Pursuant to Section 40-100(f) of the Assessment Ordinance, the Board is required to repeal or confirm the Initial Assessment Resolution, with such amendments as the Board deems appropriate, after hearing concerns and receiving comments or objections of interested parties. (D) The Assessment Roll has heretofore been filed at the office of the County Engineer and made available for public inspection. PJ Packet Pg. 173 9.B.a (E) As required by the terms of the Assessment Ordinance and the Initial Assessment Resolution, notice of a public hearing has been published and mailed to each affected property owner notifying such property owner of the opportunity to be heard. The proof of publication and an affidavit of mailing are attached hereto as Appendices A and B respectively. (F) A public hearing has been duly held and comments and objections of all interested persons have been heard and considered as required by law. (G) The Assessments contemplated hereunder will be imposed by the Board, not the Property Appraiser or Tax Collector. Any activity of the Property Appraiser or Tax Collector under the provisions of this Resolution shall be construed solely as ministerial. (H) The special benefits derived from the Project, as further described in the Initial Assessment Resolution, exceed the amount of the Assessments levied and imposed hereunder. The Assessment for any Parcel subject thereto does not exceed the proportional benefits that such Parcel will receive compared to any other Parcel. (I) The Board hereby finds and determines that the Assessments to be imposed in accordance with this Resolution provide an equitable method of funding the Project by fairly and reasonably allocating the costs associated with the Project among specially benefited property. 3 Packet Pg. 174 9.B.a SECTION 4. AMENDMENT, RATIFICATION AND CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION AND PRIOR ACTIONS. (A) The description of the Noa MSBU set forth in Appendix A of the Initial Assessment Resolution is hereby replaced and superseded by the description set forth in Appendix D hereto, for purposes of excluding the Melville Road Parcel from the Noa MSBU in accordance with Section 5 hereof. (B) As amended herein, the Initial Assessment Resolution is hereby ratified and confirmed. (C) Any and all prior actions of the Board associated with the imposition of Assessments to fund the Project are hereby approved, ratified and confirmed in their entirety. SECTION 5. ASSESSMENTS. (A) Section 2.01 of the Initial Assessment Resolution estimated the maximum Assessed Cost of the Project to be $258,000. Such estimate was based upon projected construction costs. Fort Pierce Utilities Authority has received a favorable construction bid for the Project, such that the Assessed Cost is hereby reduced to $215,000 which in turns allows for a reduction in the Assessment imposed against each Parcel to fund the Project. (B) Accordingly, an Assessment in the amount of $7,354 per ERC is hereby levied and imposed against each Parcel described in the Assessment Roll. The C! Packet Pg. 175 9.B.a maximum annual installment of the Assessment per ERC is $501.65 which includes annual financing, collection and administration costs. (C) Due to the relatively small cost of the Project, the County does not intend to issue special assessment bonds to finance the improvements such that the owners of Assessed Property will avoid transaction costs associated with bond issuance. Instead, the County intends to finance the improvements through an interfund loan bearing interest at the rate of 3.16% per annum. Owners of Assessed Property may prepay the Assessment in accordance with Section 7 hereof and thereby avoid annual interest. (D) The Assessment imposed against each Parcel may be further reduced upon completion of the Project, depending on whether contingencies arise during construction and the total number of ERCs ultimately attributed to the Noa MSBU. Any such further reduction shall be established by supplemental resolution of the Board (E) The Parcels described in the Assessment Roll are hereby found to be specially benefited by the Project in an amount which equals or exceeds the Assessments imposed hereunder. The apportionment methodology for the Assessments, as set forth in Section 3.04 of the Initial Assessment Resolution, is hereby approved. (F) The Assessment shall constitute a lien against Assessed Property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other s Packet Pg. 176 9.B.a non -ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. (G) Since adoption of the Initial Assessment Resolution, the owner of the Melville Road Parcel, as defined and described in Section 3.04 thereof, has represented to County staff that such parcel currently has access to potable water service through the water main located on South US Highway 1 and related easement rights, and that such owner has already paid a pro rata share of the capital costs associated with utility infrastructure necessary for potable water service to such parcel. (H) In light of such representations and the availability of potable water service through means other than the improvements comprising the Project, the Board hereby determines that the Melville Road Parcel shall be excluded from the Noa MSBU, the Assessment Roll and the imposition of Assessments hereunder. (I) If the owners of the Melville Road Parcel determine that connection to the improvements comprising the Project is necessary or desirable for future development of such parcel, or any subdivision thereof, and assuming capacity for the development is available, such owners shall be required to pay any applicable impact fees, connection fees and Assessments calculated as set forth herein and in the Initial Assessment Resolution. Issuance of a building permit for the Melville Road Parcel may be premised upon payment in full of any such additional costs; provided, however, that in the case of Assessments, the County may in its sole discretion allow for collection thereof in a r Packet Pg. 177 9.B.a series of annual installments. The proceeds of such Assessments shall be used to repay the interfund loan contemplated by paragraph 5(C) hereof. SECTION 6. APPROVAL OF ASSESSMENT ROLL. The Assessment Roll, which is on file in the office of the County Engineer and incorporated herein by reference, is hereby approved. The Assessment Roll shall be retained by the Assessment Coordinator and shall be available for public inspection. The foregoing shall not be construed to require that the Assessment Roll be in printed form if the amount of the Assessment for each Parcel can be determined by use of a computer terminal or internet access available to the public. SECTION 7. COLLECTION OF ASSESSMENTS. Owners of Assessed Property may prepay the Assessment at any time on or prior to January 9, 2015, and thereby avoid annual financing, collection and administration costs. Assessments imposed hereunder which are not prepaid by such date shall be collected in not more than twenty (20) annual installments pursuant to the provisions of the Initial Assessment Resolution and Uniform Assessment Collection Act, commencing in November 2015. The principal balance of the Assessment shall not be accelerated upon sale or conveyance of Assessed Property but may be paid in full at any time at the option of the owner thereof. Upon adoption of this Resolution, the Assessment Coordinator is authorized to cause the certification and delivery of the Assessment Roll Packet Pg. 178 9.B.a to the Tax Collector by September 15, in the manner prescribed by the Uniform Assessment Collection Act. SECTION 8. EFFECT OF FINAL ASSESSMENT RESOLUTION. The adoption of this Final Assessment Resolution shall be the final adjudication of the issues presented herein and in the Initial Assessment Resolution (including, but not limited to, the method by which the Assessments are computed and apportioned, the Assessment Roll, and the rate of Assessment unless proper steps are initiated in a court of competent jurisdiction to secure relief within twenty (20) days from the date of the Board's adoption of this Final Assessment Resolution. SECTION 9. ASSESSMENT NOTICE. The Assessment Coordinator is hereby authorized to record a general notice of the Assessments in the Official Records in the office of the St. Lucie County Clerk of Courts. Such notice shall be in substantially the form attached hereto as Appendix C and shall be recorded upon completion of the Project. [Remainder of Page Intentionally Left Blank] 8 Packet Pg. 179 9.B.a SECTION 10. EFFECTIVE DATE. This Final Assessment Resolution shall take effect immediately upon its passage and adoption. follows: AFTER MOTION AND SECOND, the vote on this Resolution was as Chair Paula Lewis Vice Chair Kim Johnson Commissioner Frannie Hutchinson Commissioner Chris Dzadovsky Commissioner Tod Mowery PASSED AND DULY ADOPTED this 2nd day of December, 2014. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Z Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney Packet Pg. 180 9.B.a Final Assessment Resolution APPENDIX A PROOF OF PUBLICATION A-1 Packet Pg. 181 Final Assessment Resolution 9.B.a APPENDIX B AFFIDAVIT OF MAILING BEFORE ME, personally appeared the undersigned affiant, who after being duly sworn depose and say: (1) I am MSBU Project Manager for the Engineering Division of St. Lucie County, Florida. (2) On or before November 10, 2014, I facilitated and directed mailed notice of a public hearing to be held on December 2, 2014 by the St. Lucie County Board of County Commissioners for purposes of receiving public comment on the imposition of special assessments (the "Assessments") within the Noa Municipal Services Benefit Unit ("Noa MSBU") to fund potable water and fire protection improvements. The notices were mailed in accordance with Section 2.02(F) of Resolution No. 2014-121 and Section 40-100(e) of the County Code of Ordinances, to each owner of real property located within the Noa MSBU subject to the Assessments at the addresses shown on the real property tax roll database maintained by the St. Lucie County Property Appraiser for the purpose of the levy and collection of ad valorem taxes. (3) An exemplary form of such notice is attached hereto. FURTHER AFFIANT SAYETH NAUGHT. Barbara Guettler, affiant STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing Affidavit of Mailing was sworn to and subscribed before me this day of 2014, by Barbara Guettler. She is personally known to me or has produced as identification and did take an oath. (SEAL) Printed/Typed Name: Notary Public -State of Commission Expires:_ B-1 Packet Pg. 182 9.B.a Final Assessment Resolution APPENDIX C FORM OF ASSESSMENT NOTICE c-1 Packet Pg. 183 9.B.a Final Assessment Resolution NOTICE OF SPECIAL ASSESSMENTS IMPOSED WITHIN THE NOA MUNICIPAL SERVICES BENEFIT UNIT NOTICE IS HEREBY GIVEN THAT on December 2, 2014, St. Lucie County, Florida (the "County") adopted Resolution No. 2014-222 (the "Final Assessment Resolution") which levied and imposed special assessments, sometimes referred to as non -ad valorem assessments, against property located within the Noa Municipal Services Benefit Unit described in Exhibit A attached hereto (the 'Noa MSBU"). The special assessments were imposed to fund the costs associated with potable water and fire protections improvements specially benefitting real property located within the NOA MSBU. The dollar amount of the special assessment imposed against tax parcels within the NOA MSBU is based on the number of equivalent residential connections ("ERCs") attributed to such tax parcels, at the rate of $7,354 per ERC, as further described in the Final Assessment Resolution and Resolution No. 2014-121 (the "Initial Assessment Resolution"). Unless prepaid, the special assessments will be collected in annual installments. Collection of the annual installments is expected to commence with the ad valorem tax bill mailed in November 2015 and will continue each year for a maximum of twenty (20) years. The principal balance of the special assessment is not accelerated upon sale or conveyance of affected tax parcels but may be paid in full at any time by contacting the St. Lucie County Tax Collector. The potable water and fire protection improvements and the method of computing the assessment are set forth in the initial Assessment Resolution and Final Assessment Resolution. Such resolutions and the special assessment roll which contains a list of the affected tax parcel numbers and property owners (as shown on the St. Lucie County ad valorem tax assessment roll), the number of ERCs attributed to each tax parcel and the dollar amount of the special assessment are on file in the offices of the St. Lucie County Engineering Division, 2300 Virginia Avenue, Fort Pierce, Florida, and open to public inspection. This notice is recorded pursuant to Resolution No. 2014-222 in order to provide constructive notice of the levy and imposition of non -ad valorem assessments upon real property located within the Noa MSBU. The assessments constitute a lien against assessed property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non -ad valorem assessments. This notice does not and shall not be construed to require that individual liens or releases be filed in the Official Records. Dated this day of 2014 Title C-2 Packet Pg. 184 Final Assessment Resolution 9.B.a APPENDIX D AMENDED DESCRIPTION OF NOA MSBU A PARCEL OF LAND LYING WITHIN SECTION 10, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE NORTHERLY EXTENSION OF THE EAST LINE OF LOT 17, BLOCK 1 OF WHITE CITY ESTATES AS RECORDED IN PLAT BOOK 9 AT PAGE 48 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND THE NORTH LINE OF SECTION 10, TOWNSHIP 36 SOUTH, RANGE 40 EAST; THENCE EAST ALONG THE SAID NORTH LINE TO A POINT ON THE WEST LINE OF THE EAST 842 FEET OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 10, TOWNSHIP 36 SOUTH, RANGE 40 EAST AND THE POINT OF BEGINNING; THENCE SOUTH ALONG THE WEST LINE OF THE EAST 842 FEET OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 10 TO A POINT ON THE NORTH LINE OF LOT 243 OF WHITE CITY SUBDIVISION AS RECORDED IN PLAT BOOK I AT PAGE 23 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE WEST ALONG THE NORTH LINE OF SAID LOT 243 A DISTANCE OF 319.26 FEET TO THE NORTHEAST CORNER OF A PARCEL OF LAND RECORDED IN OFFICIAL RECORD BOOK 3104 AT PAGE 852; THENCE SOUTH ALONG THE EAST LINE OF SAID PARCEL AND SOUTHERLY EXTENSION THEREOF A DISTANCE OF 331.10 FEET TO A POINT ON THE NORTH LINE OF LOT 40, BLOCK B OF ULRICH SUBDIVISION AS RECORDED IN PLAT BOOK 5 AT PAGE 64; THENCE WEST ALONG THE NORTH LINE AND WESTERLY EXTENSION THEREOF TO THE SOUTHWEST CORNER OF LOT 5, BLOCK B OF SAID ULRICH SUBDIVSION; THENCE NORTH ALONG THE WEST LINE AND THE NORTHERLY EXTENSION THEREOF TO THE SOUTHWEST CORNER OF LOT 5, BLOCK A OF SAID ULRICH SUBDIVISION; THENCE EAST ALONG THE SOUTH LINE OF SAID LOT 5 BLOCK A TO THE SOUTHWEST CORNER OF LOT 6, BLOCK A OF SAID ULRICH SUBDIVISION; THENCE NORTH ALONG THE WEST LINE OF SAID LOT 6, BLOCK A TO THE NORTHWEST CORNER OF SAID LOT 6, BLOCK A; THENCE EAST ALONG THE NORTH LINE OF BLOCK A OF ULRICH SUBDIVISION TO THE NORTHEAST CORNER OF LOT 13, BLOCK A OF SAID ULRICH SUBDIVISION; THENCE N 00' 01'09" W ALONG THE WEST LINE OF LOT 230 OF WHITE CITY SUBDIVISION AS RECORDED IN PLAT BOOK 1 AT PAGE 23 A DISTANCE OF 316.73 FEET TO THE NORTHWEST CORNER OF A PARCEL OF LAND AS RECORDED IN ORB 1573, PAGE 244 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY; THENCE S 89' 54' 58" E ALONG THE NORTH LINE OF SAID PARCEL AND THE EASTERLY EXTENSION THEREOF A DISTANCE OF 446.65 FEET; THENCE N 00' 02'00" W A DISTANCE OF 1.23 FEET; THENCE S 89' 55'44" E A DISTANCE OF 198.8 FEET MORE OR LESS TO A POINT ON THE EAST RIGHT OF WAY LINE OF MELVILLE ROAD; THENCE NORTH ALONG SAID EAST RIGHT OF WAY LINE OF MELVILLE ROAD TO A POINT OF INTERSECTION WITH THE NORTH LINE OF SECTION 10, TOWNSHIP 36 SOUTH, RANGE 40 EAST; THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 10 TO THE POINT OF BEGINNING. LESS AND EXCEPT THE REAL PROPERTY DESCRIBED IN THAT CERTAIN WARRANTY DEED RECORDED AT BOOK 2650, PAGE 2008 OF THE OFFICIAL RECORDS OF ST. LUCIE COUNTY, FLORIDA. LESS AND EXCEPT ROAD AND CANAL RIGHT OF WAYS OF RECORD. SEPTEMBER 4, 2013 RON HARRIS COUNTYSURVEYOR D-1 Packet Pg. 185 ITEM NO. RES-2014-223 TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Jeffrey Johnson, Senior Planner Planning Division DATE: 12/02/2014 *REGULAR AGENDA\PLANNING & DEVELOPMENT SERVICES Major Adjustment to Major Site Plan - Harbor Town RV and Resort of the Treasure Coast On October 17, 2014 the property owner, Mr. Howard Fein submitted a petition for a Major Adjustment to Major Site Plan to amend Resolution No. 14-096 which granted Major Site Plan approval for a 69-lot recreational vehicle park located % mile south of St. Lucie Boulevard on the west side of North US Highway No. 1 known as Harbor Town RV and Resort of the Treasure Coast. The request is to amend Condition No. 3 of Resolution No. 14-096 that pertains to the timing of payment of impact fees in the amount of $111,340.00 (2014-15 fee schedule.) Because the proposed development consists primarily of internal roadways and no vertical improvements, the original Resolution tied the payment of impact fees to a date rather than the issuance of Building permit. The Condition called out payment within 120 days from the July 1 approval date. As the owner is not yet ready to commence construction, he is requesting that the Condition be amended to require impact fees be due at the time roadway construction plans are approved by the County's Engineering Division. This change is in keeping with the intent of the Impact Fee ordinances and recognizes the unique circumstances of this development type. PREVIOUS ACTION: October 10, 1972 The Board of County Commissioners though Resolution No. 72-115 granted an Amendment to the Official Zoning Atlas from R-3 (Multiple Dwellings) to RMH-5 (Residential, Mobile Home - 5) for Colony Club Mobile Home Park consisting of 50 mobile homes. April 3, 2012 The Board of County Commissioners though Ordinance No. 12-005 granted an Amendment to the Comprehensive Plan Future Land Use Map from RM (Residential Medium - 9) to COM (Commercial), and through Resolution No. 12-003 granted an Amendment to the Official Zoning Atlas from RMH-5 (Residential, Mobile Home - 5) Packet Pg. 186 to RVP (Recreational Vehicle Park). October 24, 2012 The Board of Adjustment through Resolution No. 12-011 granted a Variance to reduce the required recreational vehicle lot size from 70 feet by 40 feet to 60 feet by 30 feet for the development of a recreational vehicle park to be known as Harbor Town RV and Resort of the Treasure Coast. October 23, 2013 The Board of Adjustment through Resolution No. 13-009 granted a one (1) year extension to previous approved variance (BOA Resolution No. 12-011) with a new expiration date of October 24, 2014. July 1, 2014 The Board of County Commissioners through Resolution No. 14-096 granted Major Site Plan approval for a 69-lot recreational vehicle park known as Harbor Town RV and Resort of the Treasure Coast. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board adopt a Resolution granting approval for a Major Adjustment to Major Site Plan known as Harbor Town RV and Resort of the Treasure Coast. COMMISSION ACTION: Coordination/Signatures an4VS.M,re, County ttorney 11/24/2014 updated: 11/25/20144:05 PM by Kelly Phelan Page 2 Packet Pg. 187 10.A.a RESOLUTION NO. 2014-96 File Number: MJSP 720134650 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY FOR MAJOR SITE PLAN APPROVAL FOR A 69-LOT RECREATIONAL VEHICLE PARK TO BE KNOWN AS HARBOR TOWN RV AND RESORT OF THE TREASURE COAST ON 7.37 ACRES OF PROPERTY IN ST. LUCIE COUNTY. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. Fine Realty Corporation presented a petition for a Major Site Plan to develop a recreational vehicle park consisting of 69 lots to be completed in two (2) phases, located '/4 mile south of St. Lucie Boulevard, on the west side of US Highway No. 1 for certain property in St. Lucie County, Florida, as depicted on the attached map as Exhibit "A" and described in Part "A" below. 2. On October 10, 1972, the St. Lucie County Board of County Commissioners through Resolution No. 72-115 granted an Amendment to the Official Zoning Atlas from R-3 (Multiple Dwellings) to RMH-5 (Residential, Mobile Home — 5) for Colony Club Mobile Home Park consisting of 50 mobile homes. 3. On April 3, 2012, the St. Lucie County Board of County Commissioners through Ordinance No. 12-005 granted an Amendment to the Comprehensive Plan Future Land Use Map from RM (Residential Medium — 9) to COM (Commercial), and through Resolution No. 12-003 granted an Amendment to the Official Zoning Atlas from RMH-5 (Residential, Mobile Home — 5) to RVP (Recreational Vehicle Park). 4. On October 24, 2012, the Board of Adjustment though Resolution No. 12-011 granted a variance to reduce the required recreational vehicle lot size from 70 feet by 40 feet to 60 feet by 30 feet for the development of a recreational vehicle park to be known as Harbor Town RV and Resort of the Treasure Coast. 5. October 23, 2013, the Board of Adjustment through Resolution No. 13-009 granted a one (1) year extension to previous approved variance (BOA Resolution No. 12-001) with an expiration date of October 24, 2014. 6. The Major Site Plan presented consists of 69 recreational vehicle lots on 7.37 acres to be completed in two (2) phases. July 1, 2014 File No.: MJSP 720134650 Page 1 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT solution No. 2014-96 SAINT LUCIE COUNTY FILE 4 3985036 08 '4 2014 at 10 05 Ap,;1 OR HOOK 3662 PAGE 1168 1 t 74 oe Type RESO REi ORCINC3 $6 = OG Packet Pg. 188 10.A.a 7. The St. Lucie County Development Review Committee has reviewed the Major Site Plan for the project and found it to meet all technical requirements and to be consistent with the Future Land Use Map of the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part B of this Resolution. An analysis of the applicable standards of review and applicable Land Development Code and Comprehensive Plan policies may be found in a in the BOCC agenda item dated July 1, 2014. 8. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities or other matters affecting the public health, safety and general welfare. 9. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping and screening. 10.The proposed project will be constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 11. The proposed project will be served by an on -site well for potable water and Fort Pierce Utilities Authority (FPUA) waste water. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The property on which the Major Site Plan approval is being granted is described as follows: All that part of the North 358.8 feet of the South 1735.9 feet of the NE % lying West of U.S. Highway No. 1, Section 33, Township 34 South, Range 40 East, St. Lucie County, Florida. AND Begin at the Southwest corner of the portion of the North 365.8 feet of the South 1377.1 feet of the Northeast quarter of Section 33, Township 34, South, Range 40 East, lying West of U.S. Highway No. 1, St. Lucie County, Florida. From the point of beginning run North along the center line of Section 33 a distance of 365.8 feet to a point; thence run East along the North line of the North 365.8 feet of the South 1377.1 feet of the Northeast quarter of Section 33, Township 34 South, Range 40 East, a distance of 400 feet to a point; thence run South a distance of 200 feet to a point; thence run Southeasterly a distance of 193.77 feet to a point on the South line of the North 365.8 feet of the South 1377.1 feet of the Northeast quarter of Section July 1, 2014 File No.: MJSP 720134650 Page 2 Resolution No. 2014-96 Packet Pg. 189 10.A.a I 33, Township 34 South, Range 40 East, which point is 483 feet East of the point of beginning and 200.29 feet West of the West right of way line of new U.S. Highway No. 1; thence run West along the South line of the North 365.8 feet of the South 1377.1 feet of the Northeast quarter of Section 33, Township 34 South, Range 40 East, to the point of beginning. Subject to easements, restrictions and reservations of record and taxes for the year 2007 and thereafter. Tax Identification Number: 1433-120-0010-000-5 B. Pursuant to Section 11.02.07 of the St. Lucie County Land Development Code, the Major Site Plan for the project known as Harbor Town RV and Resort of the Treasure Coast as depicted on the site plan drawings prepared by Abraham Chabab, Inc. dated May 10, 2013 is hereby approved and is subject to the following conditions: 1. Prior to the commencement of Phase 1 on -site development activities, constructability plans shall be reviewed and approved by the County Engineering Division. 2. Phase 2 Site Plan improvements or development activities as depicted on Sheet 3 of 5 of the site plan drawings shall commence no later than October 1, 2022 with completion of this phase no later than one (1) year from the date of commencement. Constructability plans and a landscape plans for this phase shall be submitted and approved by the County Engineering Division and Environmental Resources Department, respectively prior to any construction or development activities within this phase. 3. Within 120 days of Major Site Plan approval, the property owner shall pay St. Lucie County the required impact fees for this development. This impact fee amount shall be based upon the net increase in the impact fee for the new use (69 recreational vehicle units) as compared to the previous approved use (50 mobile homes). 4. Prior to issuance of a Vegetation Removal Permit or Exemption for both phases, a pre -construction meeting with the Environmental Resources Department (ERD) staff to discuss and verify tree protection measures. C. The approvals and authorizations granted by this Resolution for the purposes of obtaining a building permit shall expire on July 1, 2016 unless a building permit has been granted, or an extension is granted in accordance with Section 11.02.06(B)(2), St. Lucie County Land Development Code, or a Major Adjustment to the Major Site Plan is granted. July 1, 2014 File No.: MJSP 720134650 Page 3 Resolution No. 2014-96 Packet Pg. 190 10.A.a D. The property owner, including any successors in interest, shall obtain all applicable development permits and construction authorizations from the appropriate State and Federal and local regulatory agencies including, but not limited to, the United States Army Corps of Engineers, the Florida Department of Environmental Protection, Florida Department of Transportation, South Florida Water Management District, and the St. Lucie County Environmental Resources and Building Departments prior to the commencement of any development activities on the property described in Part A. Issuance of this permit by the County does not in any way create any rights on the part of the developer to obtain a permit from a state or federal agency and does not create any liability on the part of the County for issuance of this permit if the developer fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertake actions that may result in a violation of state or federal law. E. The conditions set forth in Part B are an integral non -severable part of the site plan approval granted by this Resolution. If any condition set forth in Part B is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this resolution shall become null and void. F. A Certificate of Capacity, a copy of which is attached hereto as Exhibit B and made a part hereof the Resolution, was granted by the Planning & Development Services Department Director on July 1, 2014. G. A recorded copy of this Resolution shall be attached to the site plan drawings described in Part B, which plan shall be placed on file with the St. Lucie County Planning & Development Services Department Director. July 1, 2014 File No.: MJSP 720134650 Page 4 Resolution No. 2014-96 Packet Pg. 191 10.A.a H. ADOPTION After motion and second, the vote on this resolution was as follows: Frannie Hutchinson, Chair AYE Paula A. Lewis, Vice Chair AYE Chris Dzadovsky, Commissioner AYE Tod Mowery, Commissioner AYE Kim Johnson, Commissioner AYE PASSED AND DULY ADOPTED this 1 st day of July, 2014. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA �Q hair ATTEST: APPROVED AS TO FORM AND CORRECTNESS: PUTY CLERK ,_s COUNTY ATTORNEY July 1, 2014 File No.: MJSP 720134650 Page 5 Resolution No. 2014-96 W CP 0 N C O r O N N r-� C N E s 0 Q Packet Pg. 192 10.A.a EXHIBIT "A" LOCATION MAP N E ST LUCIE BLVD Z O ST LUCIE BLVD A ST Z� Q F H HUNTAVE � N Y ~ O Z ( CM N ~ N Z x Y OLSON AVE w u~j x x U F- � D STCST Subject 2 cN property s G) N ERIE DR ONEIDA WAY o NACO RD _ O w Y w o w �O OTTAWA WAY Z FUR TER w S ERIE DR w PECAN PL w U LILAC TER i ACORN WAY U) July 1, 2014 File No.: MJSP 720134650 Page 6 Resolution No. 2014-96 w 0 0 N C O r O N N r-� C N E s 0 r Q Packet Pg. 193 EXHIBIT " B " CERTIFICATE OF CWACITY 10.A.a 2300 Virginia Ft. Pierce, FL 34982 (772)-462-2822 Date: i �,� �P��n; � Certificate No. 293$ This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: 1. Type of development grt of the Treasure Co Number of units 69 Number of square feet - 2. Property legal description & Tax ID no. 1433 i'Mu 2601 North US Highway No ,1 Harbor Town RV & Resort of the Treasure CAM 3. Approval: Building Permit Resolution No. ® Letter 4. Subject to the following conditions for concurrency: As per BOCC Resolution 2014-96 Owner's name T Address 246, Pore 6. Certificate Expiration Date The certificate of capacity shall be valid for the same period of time as the Development Order. Section 5.08.04(B), St. Lucie County Land Development Code. This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent development order(s) issued for the same property, use and size as described herein. Concurrency Review by: / 1 Signed Date: 7� I ��Q / y Packet Pg. 194 10.A. b RESOLUTION 2014-XX File Number: MJSP 1020144821 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY FOR MAJOR ADJUSTMENT TO MAJOR SITE PLAN FOR A 69-LOT RECREATIONAL VEHICLE PARK TO BE KNOWN AS HARBOR TOWN RV AND RESORT OF THE TREASURE COAST ON 7.37 ACRES OF PROPERTY IN ST. LUCIE COUNTY. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. Fine Realty Corporation presented a petition for a Major Adjustment to Major Site Plan to revise conditions of approval stated in Resolution No. 14-096 pertaining to the payment of impact fees for the Harbor Town RV and Resort of the Treasure Coast, located '/4 mile south of St. Lucie Boulevard, on the west side of US Highway No. 1 for certain property in St. Lucie County, Florida, as depicted on the attached map as Exhibit "A" and described in Part "A" below. 2. On October 10, 1972, the St. Lucie County Board of County Commissioners through Resolution No. 72-115 granted an Amendment to the Official Zoning Atlas from R-3 (Multiple Dwellings) to RMH-5 (Residential, Mobile Home — 5) for Colony Club Mobile Home Park consisting of 50 mobile homes. 3. On April 3, 2012, the St. Lucie County Board of County Commissioners through Ordinance No. 12-005 granted an Amendment to the Comprehensive Plan Future Land Use Map from RM (Residential Medium — 9) to COM (Commercial), and through Resolution No. 12-003 granted an Amendment to the Official Zoning Atlas from RMH-5 (Residential, Mobile Home — 5) to RVP (Recreational Vehicle Park). 4. On October 24, 2012, the Board of Adjustment though Resolution No. 12-011 granted a variance to reduce the required recreational vehicle lot size from 70 feet by 40 feet to 60 feet by 30 feet for the development of a recreational vehicle park to be known as Harbor Town RV and Resort of the Treasure Coast. 5. October 23, 2013, the Board of Adjustment through Resolution No. 13-009 granted a one (1) year extension to previous approved variance (BOA Resolution No. 12-001) with an expiration date of October 24, 2014. 6. On July 1, 2014, the St. Lucie County Board of County Commissioners through Resolution No.14-096 granted Major Site Plan approval for a 68-lot December 2, 2014 File No.: MJSP 720134650 Page 1 Resolution No. 2014-XX Packet Pg. 195 10.A. b recreational vehicle park known as Harbor Town RV and Resort of the Treasure Coast. 7. The St. Lucie County Development Review Committee has reviewed the petition for a Major Adjustment to Major Site Plan for the project and found it to meet all technical requirements and to be consistent with the Future Land Use Map of the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part B of this Resolution. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The property on which the Major Adjustment to Major Site Plan approval is being granted is described as follows: All that part of the North 358.8 feet of the South 1735.9 feet of the NE '/4 lying West of U.S. Highway No. 1, Section 33, Township 34 South, Range 40 East, St. Lucie County, Florida. 0ff9 Begin at the Southwest corner of the portion of the North 365.8 feet of the South 1377.1 feet of the Northeast quarter of Section 33, Township 34, South, Range 40 East, lying West of U.S. Highway No. 1, St. Lucie County, Florida. From the point of beginning run North along the center line of Section 33 a distance of 365.8 feet to a point; thence run East along the North line of the North 365.8 feet of the South 1377.1 feet of the Northeast quarter of Section 33, Township 34 South, Range 40 East, a distance of 400 feet to a point; thence run South a distance of 200 feet to a point; thence run Southeasterly a distance of 193.77 feet to a point on the South line of the North 365.8 feet of the South 1377.1 feet of the Northeast quarter of Section 33, Township 34 South, Range 40 East, which point is 483 feet East of the point of beginning and 200.29 feet West of the West right of way line of new U.S. Highway No. 1; thence run West along the South line of the North 365.8 feet of the South 1377.1 feet of the Northeast quarter of Section 33, Township 34 South, Range 40 East, to the point of beginning. Subject to easements, restrictions and reservations of record and taxes for the year 2007 and thereafter. Tax Identification Number: 1433-120-0010-000-5 B. Pursuant to Section 11.02.07 of the St. Lucie County Land Development Code, the Major Adjustment to Major Site Plan for the project known as Harbor Town RV and Resort of the Treasure Coast is hereby approved and is subject to the following conditions: December 2, 2014 File No.: MJSP 720134650 Page 2 Resolution No. 2014-XX Packet Pg. 196 10.A. b 1. All previous conditions of approval applicable to the subject property, as contained in Resolution No. 14-096 have been consolidated as contained herein, unless exaressly modified herein. 2. Prior to the commencement of Phase 1 on -site development activities, constructability plans shall be reviewed and approved by the County Engineering Division. 3. Phase 2 Site Plan improvements or development activities as depicted on Sheet 3 of 5 of the site plan drawings shall commence no later than October 1, 2022 with completion of this phase no later than one (1) year from the date of commencement. Constructability plans and a landscape plans for this phase shall be submitted and approved by the County Engineering Division and Environmental Resources Department, respectively prior to any construction or development activities within this phase. 4. Condition No. 3 of Resolution No. 14-096, is hereby amended to read: WithiR 120of Major Site PlaR "^p, Prior to constructability plan approval by the County Engineering Division, the property owner shall pay St. Lucie County the required impact fees for this development. This impact fee amount shall be based upon the net increase in the impact fee for the new use (69 recreational vehicle units) as compared to the previous approved use (50 mobile homes). 5. Prior to issuance of a Vegetation Removal Permit or Exemption for both phases, a pre -construction meeting with the Environmental Resources Department (ERD) staff to discuss and verify tree protection measures. C. The approvals and authorizations granted by this Resolution for the purposes of obtaining a building permit shall now expire on December 2, 2016 unless a building permit has been granted, or an extension is granted in accordance with Section 11.02.06(B)(2), St. Lucie County Land Development Code, or a Major Adjustment to the Major Site Plan is granted. D. The property owner, including any successors in interest, shall obtain all applicable development permits and construction authorizations from the appropriate State and Federal and local regulatory agencies including, but not limited to, the United States Army Corps of Engineers, the Florida Department of Environmental Protection, Florida Department of Transportation, South Florida Water Management District, and the St. Lucie County Environmental Resources and Building Departments prior to the commencement of any development activities on the property described in Part A. Issuance of this permit by the County does not in any way create any rights on the part of the developer to obtain December 2, 2014 File No.: MJSP 720134650 Page 3 Resolution No. 2014-XX Packet Pg. 197 10.A. b a permit from a state or federal agency and does not create any liability on the part of the County for issuance of this permit if the developer fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertake actions that may result in a violation of state or federal law. E. The conditions set forth in Part B are an integral non -severable part of the site plan approval granted by this Resolution. If any condition set forth in Part B is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this resolution shall become null and void. F. A recorded copy of this Resolution shall be attached to the site plan drawings described in Part B, which plan shall be placed on file with the St. Lucie County Planning & Development Services Department Director. December 2, 2014 File No.: MJSP 720134650 Page 4 Resolution No. 2014-XX Packet Pg. 198 10.A. b G. ADOPTION After motion and second, the vote on this resolution was as follows: Paula A. Lewis, Chair XXX Kim Johnson, Vice Chair XXX Frannie Hutchinson, Commissioner XXX Chris Dzadovsky, Commissioner XXX Tod Mowery, Commissioner XXX PASSED AND DULY ADOPTED this 2nd day of December, 2014. 1 197_1 N 1X61 ;9016111►1 W90161►Vi I IVi 16*1 Is] ►14 **1 ATTEST: DEPUTY CLERK December 2, 2014 File No.: MJSP 720134650 Page 5 ST. LUCIE COUNTY, FLORIDA Chair APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Resolution No. 2014-XX 0 r 0 W R L r E a Packet Pg. 199 10.A. b EXHIBIT "A" LOCATION MAP N E ST LUCIE BLVD O f0 ST LUCIE BLVD A ST O W C0 a H INTAVE Y F.. O Z (Y Z U) M w Y OLSON AVE x x U F CST DST Subject property y Oyu N ERIE DR v� ONEIDA WAY ❑ NACO RD w —Q Ul � Y w {O WAY � FUR TER OTTAWA Z w S ERIE DR z PECAN PL U LILAC TER LL J ACORN WAY December 2, 2014 File No.: MJSP 720134650 Page 6 Resolution No. 2014-XX Q Packet Pg. 200 W W 02 zp W W =p y H N E ST. V 1- o FLU rE1 ao ZT__� B' High Buffer Wall open Space IPERTY LINE N89'34'44"E 420.27' Mulch- Trio". . 30 ^ I 30 - I 36 I 30' ! ! , I I 0.j ff:PAD SQ FT 648 SF I I Paved Sul face ! 1 I " Area anciscape buiier 1 w CD I I I ! I. � (2667 SF ' 0 Lot63 Lot62 M Lot61 cA Lot60 c V,ot59 'I Lot58 -A Lot57 -I Lot56 N Lot55 (0.06 AC5 4-1 4 49' (D �2 U Lot64 rw 'I b Cd 64' a• IM Lot65 b, I I� Lot66 Cl, t I ' 00 IM Paved Rd oj + Lot67 M I In I M Lot68 0 z +m Lot69 co J .m , a Exist. Lift .UN W Station ' a' I I I I ' -o ! 61= T1 I ! .I •_ 6FT • d �0 1 I I � I ,� w� ' 11 3 I _-. � I•I'I •. •III• I LLI 64.00' s9 , I I•'T. tR i I I EDP w' C'' 1 64.00' L �• 24' ROAD r O W' P � 1 64.00' \ �A EDP a 1 O w o 64.00' ' cA •'S 1 TYPICAL RV LOT en pace 64.00' NTS 0.048Ac Exist. Wate RTOP MR 31G4 ERC Treatment C° PA p. ® A ® R� o R � Plant Bldg Exist. Dwy to Pool (1600-SF)------- ---------------------------- M Be Widen to �« 1 ..► 36 Ft in Phi t.. 1- - - - - - - - - - P'ICNIC ' Monument 3 ' 1 ® AREA Open Space :.i o Sign •'•' (11350 SF) 77e� t Lot32 q. Lot33qa Lot34 Lot35 h 1 ' , (0.26 AC) r `O I OP: LINE 8 �4 ZL5 W !^ I' Open Spec ~ r V , 30' 30' 30, 30' (11350 SF) EASE �4 r (0.26 AC) OF-T 1 + 30' �x3� 30' 30, ' 1 -30' 30' 30' 30, + - MATERIALS & GRADES FOR HIS SECTION OF „--4-F r + c i THE TRAIL MUST MEET ADA REQUIREMENTS of rn Lot22 Lot23 Lot24 Lot25 Lot26 Lot27 Lot28 Lot29 Lot30 Lot31 I io 5v, 4-4 +�. N a+ i 24' Paved Rd 30' Wide W I m z UI i I J I aI -'r---- ------------ --------- 30, 24 Paved Rd ~ 3D' Wide Lot40 Lot41 Lot42 Lot43 Lot44 w o M Lot45 r m ' 30, 30, 30, 30, Lo46 Lot39 ° 60' nc. 'Open Space Lot47 (6626 SF} Lot3$ 77 0.152AC} 60' r 7 Spa es RV PKG �' Lot48 - w 12 Space Lot37 60' Lot36 30'IWide PO ! , a I �, w w -4 o I a ., G\21 3' Paved Rd ;� a o I Lot16 Lot17 Lotl8 Lotl9 Lot20 Lot21 00 4 t a a t co OCCUPIED w °' + 30' 30' 30, 30' 30' 30' 1 I Lot15 Lot14, Lot13 Lot12 Lotil, Lot10 SIMSPON ML24 W � %DD \ Li0 H/6-S➢S WxIV , 0 I DETENTION crypa ` AREA Open Space I (20426SF) r W (0.4NW) \ z I \ J 54 74 IL I « o ® 24' Paved Rd 30' Wide 1 ~ \ xIL I CaJ1 + o 0 0 CL 0 0 117 1f3 u'1 117 I` CD In 04 ° Lotl Lott Lot3 Lot4 Lots 2Lot6 Lot? Lot8 Lot9 'D m I Q � G L- - - - - - - - - - - - - - - 3(Z - - 30' - - 30' -- - � - - �� - -3(L - -3t - -30._ -. - -30' Jsdulch:1kail �, 25' Landscape Buf . VACANT LAN D rx>•x4• n A e a coN�� 8 FT HIGH WOOD OPAQUE FENCE DETAIL N.T.S E- It CLJ GENERAL NOTES PROJECT NAME HARBOR TOWN RV & RESORT OF THE TREASURE COAST OWNER FINE REALTY LOCATION 2601 US HWY#1 LAND USE COM LAND ZONING RVP LEGAL DESCRIPTION All That Part of The North 358.8 Feet of The South 1725.9 Feet of The NE 1/4 Lying West of the US Hwy#1 In Section 33 Township 34 South, Range 40 East St. Lucie County, FL. Begin at The Southwest Corner of The Portion of The South 385.80 Feet of The South 1377.10 Feet of The NE 114 of Section 33, Township 34 South, Range 40 East; Lying West of U.S. Highway No.1, St. Lucie County Florida. From The Point of Beginning Run North Along The Centerline of the Section 33 a Distance of 365.80 Feet To a Point; Thence Run East Along The North Line of The North 365.80 Feet of The South 1377.1 Feet of The NE 1/4 of Section 33 Township 34 South, Range 40 East, A Distance of 400 Feet To a Point Thence Run South a Distance of 200 Feet To a Point; Thence Run Southerly a Distance of 193.77 to a Point on the South Line of The North 365.80 Ft .of The South 1377.1 Ft. of The NE 1/4 of Section 33 Township 34, Range 40 East, Which Point is 483 Feet East of the Point of Beginning and 200.29 Ft. West of the West Right of Way of the New US Hwy #1; Thence Run West Along The South Line of The North 355.80 Ft. of The South 1377.1 Feet of The NE 1/4 of Section 33 Township 34 South, Range 40 East to the Paint of Beginning. PIN 143312000100005 UTILITIES ELECTRICAL FPUA WATER ON SITE WATER TREATMENT PLANT SEWER FPUA TELEPHONE AT&T SOLID WASTE AUTHORIZED SOLID WASTE CO. AREA TABULATION SITE CO ACREAGE SF %OF SITE ROPOSED RECEPTION BLDG 0A413 1800 0.55 V AREAS (35x8=280SFx69) 0.4435 19320 5.95 V PADS (36x18-280=368x69) 0.5829 25392 7.82 AVED ROADS 1.3502 58814 18.12 IDEWALKS 0.0492 2145 0.67 OTAL IMPERVIOUS 2.4672 1 LANDSCAPE BUFFER 1.3510 58850 18.13 OPEN SPACE TRACTS 0.7020 30579 9.42 GREEN AREA 2.4608 107194 33.04 TOTAL T4500 324522 100.00 Ul-r-N 51'AGt MIN. 10"/o KtQUIKED PARKING RECREATIONAL HUILDING Parking Requirements 3.80 Spaces Per 1000SF 3.80 x 1600/1000 = 6.00 Spaces Parking Provided 6 Regular & 1 H.C. TOTAL 7.00 Spaces REC� REATIONAL VEHICLE PAD Parking Requirements 1.00 Space Per Pad 69 x 1 = 69 Spaces Parking Provided 69 Spaces TRAFFIC STATEMENT: AVERAGE TRIPS PER DAY: ITE LAND USE CODE 426 FOR RV : 3.75 Trips/Day x 69 RV Lots = 259 Trips/Day ITE MANUAL 9'h Edition(INSTITUTE OF TRANSPORTATION ENGINEERS) N SCHEDULE : I 21 RV LOTS, TEMPORARY RECREATION BUILDING, OCTOBER 2014 PARKING LOT, VOLLEY BALL COURT & ACCESS RD II 48 RV LOTS, REMOVAL OF ALL EXISTING MOBILE HOMES OCTOBER 2022 CONSTRUCT PERMANENT RECREATION BUILDING & POOL SITE PLAN a. APPROVED ti Approval Da+P A Approval Doc. ABR }jT]�( 11HAM CHABAB, PE n. uc/ 44185 �} - Ala SCALE REVISIONS DATE HARBOR TOWN RV & RESORT DESIGNED BY AC ABRAHAIVI CHABAB, Inc. OF THE TREASURE COAST �L. BOARD OF PROF. ENG. AUTH.#26790 DRAWN BY AC 5428 NW EDGEWATER AVE DATE May10/13 PORT ST. LUCIE FL. 34983 MASTER SITE PLAN Email agchababl@msn.com 772 878-5079/475-6630 Fax 772 785-8291 SHEET 1 OF 5 Packet Pg. 201 10.A.d ST. LUCIE COUNTY Planning & Development Services Department f Planning Division p��-- 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 — Fax: 772-462-1581 httpa/wwvv.stluGieco.org/planning/planning.htm DEVELOPMENT APPLICATION A pre -application conference is recommended prior to main application submittal. Please contact the Planning Division to schedule an appointment. Submittal Tvoe [check each that applies Site Plan Rezoning' ❑ Major Site Plan ❑ Rezoning (straight rezoning) ❑ Minor Site Plan ❑ Rezoning (includes PUD/PNRD/PMUD) Major Adjustment to Major Site Plan ❑ Rezoning with Plan Amendment ❑ Major Adjustment to Minor Site Plan Comprehensive Plan Amendment ° ❑ Major Adjustment to PUD/PNRD/PMUD ❑ Future Land Use Map Change ❑ Minor Adjustment to Major Site Plan ❑ Comprehensive Plan Text Amendment ❑ Minor Adjustment to Minor Site Plan ❑ Minor Adjustment to PUD/PNRD/PMUD Planned Development ❑ Planned Town or Village (PTV) ❑ Planned Country Subdivision (PCS) ❑ Planned Retail Workplace (PRW) ❑ Prelim. Planned Unit Develop. (PUD) ❑ Prelim. Planned Mixed Use Develop. (PMUD) ❑ Prelim. Planned Non -Res. Develop. (PNRD) ❑ Final Planned Unit Develop. (PUD) ❑ Final Planned Mixed Use Develop. (PMUD) ❑ Final Planned Non -Res. Develop. (PNRD) Conditional Use' ❑ Conditional Use ❑ Major Adjustment to a Conditional Use ❑ Minor Adjustment to a Conditional Use Variance 2 ❑ Administrative Variance ❑ Variance ❑ Variance to Coastal Setback Line Other ❑ Administrative Relief ❑ Class A Mobile Home ❑ Developer Agreement (Submit per LDC 11.08.03) ❑ Power Generation Plants ❑ Extension to Development Order ❑ Historical Designation/Changes ❑ Land Development Code Text Amendment 7 ❑ Plat ❑ Post Development Order Change ❑ Re -Submittal # s ❑ Shoreline Variance ❑ Stewardships — Sending/Receiving ❑ Telecom Tower (Submit per LDC 7.10,23) ❑ Transfer of Development Rights ❑ Waiver to LDC/Comp. Plan Requirements g ❑ Appeal of Decision by Administrative Official" ❑ Eminent Domain Waiver" Application SunDlement Packaaes 1. Conditional Use 6. Historical Designation/Change 10. Appeal of Decision by 2. Variance 7. LDC Text Amendment Administrative Official 3. Rezoning / Zoning Atlas Amend. 8. Re- Submittal 11. Eminent Domain Waiver 4. Comp. Plan Amendments 9. Waiver to LDC/Comp. Plan 5. Class A Mobile Home Requirements Refer to Fee Schedule for applicable fees. All required materials must be included at the time of submittal along with the appropriate non-refundable fee(s). Page 1 of 6 Revised May 6, 2013 Packet Pg. 202 10.A.d FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS — Planning Division Application Type: Supplemental Application Package No.: (Please provide separate fee calculation worksheet for each application type) ❑ BASE REVIEW FEE: $ (A) ❑ CONCURRENCY FEE: $ (B) ❑ ERD REVIEW FEE: $ (C) ❑ UTILITIES ❑ PER ACREAGE CHARGE: $ (D) ❑ RESUBMITTAL FEE: (if applicable) $ (E) ❑ OTHER SUBTOTAL OF BASIC FEES: $ ❑ PRE -APPLICATION MEETING FEE: (F) $( ) deduction Receipt No. of Payment: Date of Pre App: BALANCE OF FEES DUE: $ SEPARATE CHECK FOR TRAFFIC IMPACT STUDY — Ordinance No. 06-047; amending Chapter 5.11.01 of the St. Lucie County Land Development Code ❑ $950.00 —Methodology Meeting (H) (If Applicable) • Additional fees will be due if a 3r0 party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from 3'd party. • Please note: For all projects requiring public notice, you will be invoiced by St. Lucie County Planning Division. Refer to "Public Procedures". • Other fees may be applicable by other external reviewing agencies; i.e. Fire District and proof of payment Will be requir prior to project approval. Pre -Application Meeting Requ t Applicant Name (Printed) Sign ture of applicant For office use only) IGNATURE VERIFIED BY - SIGNATURE J File Number:V j�" ` f! 10 2t�0l q �C + rage z or 10 Revised February 13, 2014 z /& DATE /� DATE Number: Packet Pg. 203 10.A.d Submittal Requirements The following checklist is provided as a reminder. Please see applicable code sections for more detailed submittal requirements. All Submittals MUST be in complete folded and collated sets. All applications must include the following: ❑ Application, completed in black ink, with property owner signature(s) and notary seal (1 original and 11 copies) ❑ Aerial Photograph - property outlined (available from Property Appraiser's office 11 Property Deed ❑ Legal description, in MS Word format, of subject property ❑ Property Tax Map - property outlined (electronic copy not required) ❑ Survey (2436) ❑ 2 CDs of all documents submitted - with files named according to the Required Naming List. (attached) ❑ Concurrency Deferral Affidavit; or ❑ Description and analysis of the impact of the development on public facilities in accordance with the methodologies acceptable to the County (LDC Section 5.08.02). This will require a Transportation Assessment or a full Traffic Impact Report, if applicable. Site Plan and Planned Development Applications must also include: ❑ Site Plan 24"x36" at a scale of 1°=50' (12 copies- folded, not rolled) ❑ Boundary Survey (24x36) - Signed and Sealed (12 originals) ❑ Topographic Survey (24x36) - Signed and Sealed (12 originals) ❑ Landscape Plan - Signed and Sealed (12 originals) ❑ Traffic Impact Report (TIR) (4 copies) if: o 50+ residential units o Development on N. or S. Hutchinson Island o Non-residential (see LDC Section 11.02.09(4)) ❑ Environmental Impact Report (4 copies) if -.(See LDC Section 11.02.09(5)) o The property is ten acres or greater o The property, regardless of size, contains a wetland; o The property is identified on the "Native Habitat Inventory for SLC"; o The proposed development is located in whole, or part, within the One Hundred Year Flood Plain; o Development on N. or S. Hutchinson Island Development Order Extension Applications only require the following: ❑ Letter of justification - submitted at least 2 weeks prior to expiration. (LDC 11.02.06) ❑ Updated Traffic Analysis if applicable (4 copies) ❑ Approved Resolution or GM Order Final Plats only require 2 CDs (follow specifications above) & 4 copies of the following: ❑ Main Application and back up material ❑ Approved Site Plan and copy of approved Development Order ❑ Plat - Include extra copies of Plat for applicable conditions of approval Four (4) Original Wars are due following final staff review. *Please note: Only a surveyor, attorney, or title agent is authorized to provide a legal description. The legal description provided on the property appraiser's website is not valid for our purposes. The legal description you provide us will be used in all future documentation. If it is incorrect, it will invalidate the results of any hearing(s). Page 3 of 6 Revised February 13, 2014 Packet Pg. 204 10.A.d Project Information ]� Project Name: ice' Site address: = Parcel ID Number(s): Legal Description: (Attach additional sheets if necessary — also must be provided in MS Word format on CD) Property location — Section/Township/Range: Property size — acres: i, '� % Square footage: Future Land Use Designation: Zoning District: 9\/ P Description of project: (Attach additional sheets if necessary) 3 v 7 C? ���i/ Type of construction (check all applicable boxes): o Commercial Total Square Footage: Existing Proposed: R 2 Q a ❑ Industrial Total Square Footage: Existing Proposed: Q ❑ Residential No. of residential units: Existing Proposed: c E No. of subdivided lots: Existing Proposed: a o a� [IOther Please specify: o Number and size of out parcels (if applicable): E t Page 4 of 6 Q Revised February 13, 2014 Packet Pg. 205 10.A.d SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of approval. All appropriate requirements must be met prior to this project being presented for approval to the appropriate authority. St. Lucie County reserves the right to request additional information to ensure a complete review of this project. ACKNOWLEDGMENTS Applicant Information (Property Developer): Agent Information: Business Name: t'� �`' #t �=- 1 C-e ` 12, Business Name: Name: 4 d .id,k r �' I �'1 Name: Al Address: ,��6,1 SF At)(f Address: _?S t (7 (Please use an address that can accept overnight (Please use an address that can accept overnight packages) packages) Phone: ?SLY Z47 -� � ' Phone: Fax: `� y�� " `� 71:� Fax: Email: 11111ki 7 -e,Vt -1/X t Email: Please note: both applicant and agent will receive all official correspondence on this project. Property Owner Information This application and any application supplement will not be considered complete without the notarized signature of all property owners of record, which shall serve as an acknowledgment of the submittal of this application for approval. The property owner's signature below shall also serve as authorization for the above applicant or agent to act on behalf of said property owner. .t 4�- �,�.�......._- Property Owner Signature Property Owner NName (Printed) Mailing Address: r f :> -S ;: p _ e l� e Phone: ` zi L17a �7 &0 ,)- If more than one owner, please submit additional pages STATE OF.�(�U{ Cam. COUNTY OF _ -� The foregoing instrument was acknowledged before me th'rs��m�•-��• � � .. _ �d y of � � - , 20 � by /` t` C,(,/)� ���%,`)� - who is personally kno� o me or who has produced as identification. "\n 1AJV\ 112� r Signature of- otary Type or"FrTnt�+laMe -o Notary tary Page 5 of 6 Revised February 13, 2014 Commission Number (Seal) ""IOU - P'yV FIB �� DAWN. MILONE 1 ♦`fit""' Notary Public - Slate of Florida Comm. Expires Mar 22, 2017 %,FOFs`o¢�c Commission # EE 877571 Bonded Through National Notary Assn.' Packet Pg. 206 ITEM NO. RES-2014-200 COUNTY �. F L Q R I D A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Don West, Public Works Director SUBMITTED BY: Public Works SUBJECT: Harbor Town Marina Dredging Agreement BACKGROUND: DATE: 12/02/2014 Harbor Town Marina is interested in partnering with St. Lucie County to accomplish dredging of a portion of Taylor Creek. The County has permits for dredging all segments of Taylor Creek, including the areas adjacent to the Harbor Town Marina. Harbor Town would like to use the County's permits to accomplish dredging adjacent to their existing docks located on Taylor Creek (see attached Exhibit A). Dredging by Harbor Town will benefit the County, because removal of the muck sediments from the Creek is the primary goal of the Taylor Creek Dredging Project. The area in the Creek that Harbor Town proposes to dredge has never been dredged by the County. The County does not have plans to dredge the area proposed to be dredged by Harbor town, as there are no grant funds remaining to address the dredging of sediments outside the navigation channel, and east of the railroad bridge. The dredging proposed by Harbor town will allow the Marina to accommodate larger vessels at their outer docks located on Taylor Creek. The County will require Harbor Town to sign a hold harmless agreement to be able to use the County permits to accomplish their dredging. Harbor Town will be responsible to amend the County permits and coordinate with the regulatory agencies. Disposal of the muck sediments will be the responsibility of Harbor Town. The County will require Harbor Town to provide for our Dredging Consultant DMC Engineering, to monitor the work and ensure the work is in compliance with the County's permits. The attached agreement between Harbor Town Marina and St. Lucie County provides for a clear understanding of the agreed upon conditions to allow Harbor Town to use the County Permits. PREVIOUS ACTION: July 2004 - the County Dredged the Taylor Creek Navigation Channel adjacent to Harbor Town Marina FINANCIAL IMPACT: None Packet Pg. 207 RECOMMENDATION: Staff recommends Board approval of the attached agreement with Harbor Town Marina to allow for use of the Taylor Creek Dredging permits; and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures kepuy Cy ministratanie 5. McIntyre, C my,Xttorney oenkofsy, i 4/2014 f. Updated: 11/25/2014 10:17 AM by Kelly Phelan Page 2 Packet Pg. 208 10.B.a AGREEMENT HARBOR TOWN MARINA DREDGING THIS AGREEMENT dated this day of 2014, by and between HARBOR TOWN MARINA, hereinafter referred to as the "Harbor Town", and ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County." WHEREAS, the County has permits for dredging all segments of Taylor Creek, including the areas adjacent to the Harbor Town Marina; and, WHEREAS, Harbor Town desires to use the County's permits to dredge areas adjacent to their existing docks located on Taylor Creek as depicted on Exhibit "A" attached hereto; and WHEREAS, dredging by Harbor Town will benefit the County, because removal of the muck sediments from Taylor Creek is the primary goal of the County's Taylor Creek Dredging project; and WHEREAS, the County has not dredged the area (as depicted in Exhibit "A") Harbor Town is proposing to dredge and the County does not have plans to dredge these areas as there are no available funds to address the sediment outside the navigation channel and east of the railroad bridge; and WHEREAS, the dredging proposed by Harbor Town will allow the Marina to accommodate larger vessels at their outer docks located on Taylor Creek; and WHEREAS, to implement the dredging proposed by Harbor Town, it will be necessary to modify the County's permits. Harbor Town will be responsible for amending the County's permit and for coordinating with all applicable regulatory agencies; and WHEREAS, the parties desire to cooperate and enter into this Agreement to accomplish the purposes set forth above. WITNESSETH: NOW, THEREFORE, in consideration of the mutual promises, representations, obligations, covenants and conditions set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Recitals. The above stated recitals are true and correct and are incorporated herein by reference. 2. Modification of County Permits. At its sole cost and expense, Harbor Town will be responsible for applying to all applicable regulatory agencies for permission to amend the County's permits to accomplish the work set out in Exhibit "A". 3. Dredging, Muck Removal. Upon receipt of all applicable permits, Harbor Town agrees to perform or contract to perform the dredging at its sole cost and expense. Harbor Town covenants to perform the dredging in compliance with all permit conditions. S/Atty/Agreements /HarborTownMarinaDredging Packet Pg. 209 10.B.a Harbor Town agrees to be responsible for the proper disposal of muck sediments removed as the result of the dredging. 4. Construction Management Services. Since the permits proposed to be modified are permits issued to the County, the County desires that the County's engineering consultant on the County's dredging project, Dredging and Marine Consulting Engineers, Inc. oversee the dredging work and insure that the work is in compliance with the permits. The parties agree that Harbor Town, at its sole cost and expense, shall contract with Dredging and Marine Consulting Engineers, Inc. to perform the construction inspection of the project to determine whether the project has been properly constructed in accordance with the approved plans. S. Maintenance Responsibility upon Completion. Harbor Town will be the entity responsible for maintaining the dredged areas upon completion. 6. Indemnification: Hold Harmless: Insurance. In consideration of the County's agreement to allow modification of its permit, Harbor Town agrees to indemnify and hold the County harmless from any liability that may result from the permit modification as well as the dredging project. Harbor Town agrees to require its contractor to procure workers compensation insurance coverage as mandated by Florida law and general liability insurance coverage in the amount of $1,000,000.00 per person, $2,000,000.00 per claim and name the County as an additional named insured on the insurance policies. 7. Complete Agreement. The County and Harbor Town agree that this Agreement constitutes and contains the entire agreement between the parties hereto as it pertains to the subject matter addressed herein and shall supersede and take precedence over any and all prior and contemporaneous negotiations, agreements and understandings, proposed or otherwise, whether written or oral, between the parties hereto. No modification, amendment, supplement to or waiver of this Agreement or any of its provisions shall be binding upon the Parties hereto unless made in writing and duly authorized and executed by all Parties. 8. Binding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective administrators, executors, legal representatives, heirs, successors and permitted assigns, whether so expressed or not. 9. No Third Parties Beneficiaries. Unless expressly stated herein to the contrary, nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any person other than the parties hereto and their respective administrators, executors, other legal representatives, heirs, successors and permitted assigns. Nothing in this Agreement is intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision give any third persons any right of subrogation or action over or against any party to this Agreement. 10. Severabilit . If any provision of this Agreement may be construed in two or more ways, one of which would render the provision invalid or otherwise voidable or unenforceable and another of which would render the provision valid and enforceable, such provision shall have the meaning, which renders it valid and enforceable. If any provision hereunder shall be held unenforceable by a court of competent jurisdiction, then the S/Atty/Agreements /HarboffownMarinaDredging Packet Pg. 210 10.B.a remaining provisions of this Agreement shall continue in full force and effect without being impaired in any way. 11. Amendments. The provisions of this Agreement may not be amended, supplemented, waived or changed, other than by a writing signed by the party against whom enforcement of any such amendment, supplement, waiver or change is sought and making specific reference to this Agreement. 12. Notices. All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing (including communication) and shall be (as elected by the person giving such notice) hand delivered by messenger or courier services, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, addressed to: As to the County: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 As to Harbor Town: Harbor Town Marina 1936 Harbor Town Drive Fort Pierce, FL 34946 With a copy to: St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 IN WITNESS WHEREOF, the County and Harbor Town, each acting under due and proper authority, have caused this Agreement to be executed pursuant to authorization by their respective governing legislative bodies and on behalf of their successors and assigns, effective on the date the last party signs this Agreement. ACCEPTANCE BY THE COUNTY: ATTEST: DATE: DEPUTY CLERK ACCEPTANCE BY HARBOR TOWN. WITNES S/Atty/Agreements /HarborTownMarina Dredging BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND LEGAL CORRECTNESS BY: COUNTY ATTORNEY HARBOR TOWN MA BY: -'&nrA� Please print name and title Packet Pg. 211 ..PROJECT LOCATION % 0- ST. LUCIE COUNTY N.T.S. STATE OF FLORIDA ST. LUCIE COUNTY kL—5W B (Easy Ju-n Aye C) 'k PROJECT LOCATION flo/AIeeholc0 Gave FI-1 sp- Park A, Al¢ L wzit . Cemetery A""'y C "I" 'k F.'k Avr. I Garden of (EAJ LOCATION MAP N.T.S. SECTION 3, TOWNSHIP 35 SOUTH, RANGE 40 EAST Newe NTS Environmental Paul Welch, Inc. Sheet Number Designed B1984 SW Biltmore Street #114 DL HARBORTOWN MARINA Port St. Lucie, FL 34984 Drawn B Services, I nc. Checkel RU 1901 SW Yellowtail Avenue 1936 HARBORTOWN DR. PWI Port St. Lucie, FL Date MARCH 2014 Tel (772)215-3997 LOCATION MAP Paul Welch, PE No. 29945 Of 6 CL U) 0 r- 0 M 3: a 4) E 0 2 I Packet Pg. 212 1 .tL su d SHORELINE ADJACENT TO "rAY LV n SOVEREIGN SUBMERGED LANDS (111 LF ±) r 10.B.c N Mm� �1 0 40 80 160 ' . GRAPHIC SCALE: 1" = 80' \ PROPOSED DREDGE AREA \`. • \ \ 87 085 SF. 13,480 CY CUT VOLUME \. \ \(NO RESOURCES PRESENT) PROPOSED BOTTOM ELEV.= -9.0 MLW \ 1 \\ 9 1\ \''' \ \ \ \ o 1 1 \ O .L :::: A. .�� \ \ \ \ \ 1 1 \ � ♦ PROPOSED LIMITS OF DREDGING MIN. 5' . . FROM MANGROVES) -A PROPOSED LIMITS OF—` DREDGING \ � \•1 \ . 00 1 77— \ �.'.'.'. \. �.: 0 -A\ i•.•.•. /•:•:•. •:•:•:t:•:•:•:•.t.•:•:•:•:• \'�?'fit' \ t ..i 1'.' \ 00 I co PROPOSED DREDGE'AREA:S'':''':':'I: A ��:� :: (PR(VATEL•YOWNED BOTTOMS).\:::::::: :\ : ' •� • ' \ \ \ \ /1 q9 • ' : ' • :/ •?7Q452 SF, 1%150,CY•CUT•VOLUM� • ; • : • ' ..4.. �' \ \ \ • 2 ..... / ' . ' .(ND RESOURCES PF�ESENT) :: \ :. ; . ; .. .: .r - : - : - : /:PROPOSE�BOTTOM ELEV. `9.D,MLW : ' : ' : ' : ' : ' \\ /. .'.'.'.'.'A. .'.'.'.'.'.... . .'.y.:. \ ►':'►'\:'.': EXISTING: > L— ` 2'\ \ DOCK -rYP ry::::':\:':':':':':':'.'.'. l\: TURBIDITY BARRIER �\ 12 TURBIDITY BARRIER �i i.'i..:�l:::::::::::[::�`��:::::::•♦:::;:;:;:\: \ 2^ — i `-J:. � �'ti ` PROPOSED . . t .:.:.::: : : ; .� \ ► LIMITS Or ►DREDGIN v. JXA 2a i'':: is '•I.:.\.:'fit.': \. ♦ 1 ................................................................................................................................... MATCH LINE - SEEPAGE 2 NOTES: LEGEND 1. ELEVATION DATUM IS RELATIVE TO NGVD 1929. EXISTING LIMITS OF MLW=(-)0.70' NGVD MHW = 0.70 NGVD 2. CONTOURS SHOWN HEREON ARE RELATIVE TO NGVD 1929. DOCK DREDGING 3. BATHYMETRIC INFORMATION BY BASE LINE LAND SURVEYORS. 4. THIS DOCUMENT IS A SUBMITTAL FOR AGENCY REVIEW ONLY AND -'L -- EXISTING SLOPE NOT FOR CONSTRUCTION CONTOUR Environmental HARBORTOWN MARINA Scale r = 200' Services, I Exhibit A Designed By nc. DLS 1901 SW Yellowtail Avenue Drawn By RS W Port St. Lucie, FL Date Tel (772)215-3997 Page I SEPT.2014 Packet Pg. 214 10.B.c MATCH LINE - SEEPAGE 1 ._______________________________________________________________________________________________________________________________________ 2� is '�' :' :':G: '�\:'. V.\-n.'\' t At 1. N o o, 00 0' W .Ct`, \ �j mG N —A -A 7 22'; �\� ♦ ���; ' �\ �`\ \I 1 1 i a 0.00i7; '� \ Sj o r \ \. o ,22:cY��< J EXISTING v �. yl.' : .r . .\. :'.': \` �Fs�'` Q W � DOCK TYP. ♦� �' v .l\:` .� : \ �' LU 4) - W Q : NLU CD co \ 1► 12 ► `� ' \ 4\ `a F c (DIAI cD \ ► \'LU \ \ \ 1` \ ► 1 EAN HIGH ~ Oz \2 ► + \ WATER LINE S �'\:�\\�\ 0 LU ♦ I 1 1 ♦W\• J' NO 4eo'w:�.� ` \\fit ' 01 �L) W,2 EXISTING CONC. :k�'`' ♦' `-' `.\ ` 11 ► 1 SEAWALL l:\o:��n m\ \ \ ao I I co \�O n"�:w=ate C�♦�� ( \ i I SHORELINE ADJACENT TO �'1� �i'� \ •� •\• . ,. i. a. \ , PRIVATELY OWNED SUBMERGED �\� \'.� . a\ \ ��' \' �'� ` BARRIER �\ \ \ ( I .�.�.;. Is NY, \\\.� BARRIER \ LANDS (2,114 LF EXISTING CONC. : t_ \ ♦` ` \ . \.' \ -1 TRAVEL LIFT�A;\ e \ c� ( ► N PIERS : ; 1� y �� �c \�}\; PROPOSED ` IIMITS OF r MANGRO ES T X DRDGIN� ♦ ` .\ •\ \\ � k\ \ I ram\ \ TURBIDITY : • ;., hci . • \.(�. \\\ \ \\ \ \ GRAPHIC SCALE: 1" = 80' BARRIER �� \ ,\: •\ • \ ' : ' .;\\�. `\ \` \\ ` 1 \ N `\ LEGEND PROPOSED LIMITS OF DREDGING (MIN. 5' C \ \•\\ ` \ \ \ ' \\ \ 1 1 LIMITS OF FROM MANGROVES) ..' . �� �: REDGING'\ \ I \ 1 ► may/ SLOPE t 1 ► \\ EXISTING DOCK �C":�:�:�: \\. EXISTING CONC. EXISTING SEAWALL _2 -- CONTOUR -5 ( I I \\ SHORELINE ADJACENT TO \ \ ,S!_`� �\ �_� -9jz, \� NOTES: SOVEREIGN SUBMERGED a,� ♦, , ► 1. ELEVATION DATUM IS RELATIVE TO NGVD 1929. LANDS (111 LF t) MLW=(-)0.70' NGVD MHW = 0.70 NGVD + \� j 11�` �\ 2. CONTOURS SHOWN HEREON ARE RELATIVE TO NGVD 1929. \ I 1 I I III[ III ♦j \A 3. BATHYMETRIC INFORMATION BY BASE LINE LAND SURVEYORS. EXISTING CONC. I j 1 I ►►11( ^; j\�`\\\`\ \\ 4. THIS DOCUMENT IS A SUBMITTAL FOR AGENCY REVIEW ONLY AND SEAWALL j It `I �\��n����•\� NOT FOR CONSTRUCTION HARBORTOWN MARINA Scale Environmental r = 200' Designed By Services, I nc. Exhibit A DLS 1901 SW Yellowtail Avenue Drawn By RS W Port St. Lucie, FL Tel (772)215-3997 Page 2 Date SEPT. 2014 Packet Pg. 215