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Home My WebLink AboutAgenda Packet 1-8-2013IfiiYiffliiiBifi➢1liililiiflf6tl31ifiiiifiiliiifilitiiliiiiaiiliiii{ilfitlf4il(Ifiiiffl7fiiiflil{ililif0iiiliililfYill111iiiifilliiiiiifiii11li9YilfllYlitfiliiiliillYifiiilfli11f1iii1111illiilhi'iliYiillf� January 8, 2013 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 1/8/2013 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 the 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 pk 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 allotted at the beginning of each meeting for general public comment. Please limit comments to five 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 St. Lucie County Risk & Benefits Manager at (772) 462-1404 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. January 8, 2013 6:00 P.M. BOARD OF COUNTY www.co.st•lucie.fl.us www.stlucieco.org injir,i n,Yf.....li'Nffifi101(if11.....iiiiiililllifii1ff11111fIIli11t1111flfiillifll�BfllilllliYll(i�Illilnlllillillililliifililil1111111Ii1i91�i1i19�1Ii(iiiilti Tod Mowery, Chairman District No. 2 Frannie Hutchinson, Vice Chair District No. 4 Chris Dzadovsky District No.1 Paula A. Lewis District No. 3 Kim Johnson District No. 5 INVOCATION IL PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the December 18, 2012 regular meeting. IV. PROCLAMATION&PRESENTATIONS A. There are no proclamations/presentations scheduled for January 8, 2013. V. GENERAL PUBLIC COMMENT VI. CONSENTAGENDA A. WARRANTS Approve warrant list No. 12,13 and 14. B. COUNTY ATTORNEY Revocable License Agreement — Mr. and Mrs. Michael Sloan — 11535 Palomino Drive — Pony Pines Subdivision Consider staff recommendation to approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Mr. and Mrs. Sloan to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. 2. Revocable License Agreement — Commercial Rentals, Inc. — Property on U.S.1— Ground Sign Consider staff recommendation to approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Commercial Rentals, Inc. to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. COUNTY ATTORNEY CONTINUED 3. Revocable License Agreement — Wellspring Properties, Inc. — 2806 S. U.S. 1 — Ground Sign Consider staff recommendation to approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Wellsprings Properties, LC to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. 4. Resolution No. 12-006 authorizing the First Amendment to October 6, 2009 Sublease of Land and First Amendment to October 6, 2009 Sublease Agreement with Sun Dancers Radio Control Club, Inc. Consider staff recommendation to (a) adopt Resolution No. 12-006 and authorize the Chairman to sign the Resolution; and (b) authorize the Chairman to sign the First Amendment to the October 6, 2009 Sublease Agreement with Sun Dancers Radio Control Club, Inc. to sublease approximately 160 acres as described in Revised Exhibit "A" as approved by the County Attorney. PULLED PRIOR TO MEETING 5. School Board of St. Lucie County — Referendum Election to Levy a Millage for Operational Needs of the School District Consider staff recommendation to adopt Resolution No. 13-004 and authorize the Chairman to sign the Resolution. 6. Revocable License Agreement — DHS VC II, LLC — 2838 S. U.S. 1 — Ground Sign Consider staff recommendation to approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct DHS VC II, LLC, to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. Request to have the Board accept the donation of a used Sheriff's Department vehicle, and that it be added to the fixed assets of the County. Consider staff recommendation to accept the donation of the Sheriff's Department vehicle for the Pre -Trial Program. C. ADMINISTRATION Treasure Coast Education & Research Park: 1. Award Bid No.13-005 Infrastructure Project— Phase I Stage I Consider staff recommendation to award Bid No.13-005 TC Research Park Infrastructure Improvements Phase I — Stage I to the lowest responsive bidder, Dickerson Florida, Inc., in the amount of $1,595,300 for the base bid and all alternates before contingency as follows: base bid and alternates B, D, E; alternates A and C contingent upon funding availability after contingency and authorize the Board Chairman to sign documents as approved by the County Attorney. C. ADMINISTRATION CONTINUED 2. Construction Engineering and Inspection (CEI) Services and Materials Testing Consider staff recommendation to approve Work Authorization No. 3 with Dunkelberger Engineering and Testing, Inc., in an amount not to exceed $62,635 for engineering services of Phase 1A improvements associated with Bid 13-005 at the Treasure Coast Research Park and authorize the Board Chairman to sign documents as approved by the County Attorney. D. PUBLIC WORKS Locally Funded Agreement (I -FA) and associated documents — Orange Avenue Shoulder Improvements from Graves Road to Kings Highway Consider staff recommendation to approve the LFA and associated documents with the Florida Department of Transportation (FDOT) in the amount of $826,385.04 for the Orange Avenue Shoulder Improvements project, approve Resolution No. 13-007 and authorize the Chairman to sign the documents as approved by the County Attorney. E. SHERIFF'S OFFICE Draw Request — January 2013 Consider staff recommendation to approve the Sheriffs double draw request for January 2013 in the amount of $10,196,726.02. VII. PUBLIC HEARINGS There are no Public Hearings scheduled for January 8, 2013. REGULAR AGENDA All. PUBLIC WORKS Administration: Port Master Plan Update Phase II Scope approval Consider staff recommendation to approve of the Port Master Plan Update Phase II Scope and approval for FDOTIAECOM to proceed with the Master Plan Update. IX. COUNTYATTORNEY Resolution No. 13-005 - Amendment to the Investment Policy Consider staff recommendation to adopt Resolution No. 13-005 and authorize the Chairman to sign the Resolution. ADDITION X. ADMINISTRATION Supervisor of Elections Contingency Funding Consider staff recommendation to approve of Budget Amendment No. 13-001 increasing the Supervisor of Elections 2013 adopted budget from $2,293,764 to 2,598,885. A. ANNOUNCEMENTS County offices will be closed on January 21, 2013 to observe Martin Luther King Jr. Day. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a reword of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Risk & Benefits Manager at (772) 462-1404 or TDD (772) 462-1428 at least forty-eight(48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING DATE: December 18, 2012 Convened: 9:00 a.m. Adjourned: 10:37 a.m. Commissioners Present: Chairman, Tod Mowery, Chris Dzadovsky, Paula A. Lewis, Frannie Hutchinson and Kim Johnson Others Present: Faye Outlaw, County Administrator, Dan McIntyre, County Attorney, Katherine Barbieri, Assistant County Administrator, Edward Matthews, Parks and Recreation Director, Don West, Public Works Director, Beth Ryder, Community Services Director, Marie Gouin, OMB Director, Mark Satterlee, Planning and Development Director and Kelly Phelan, Deputy Clerk. 1. INVOCATION II. PLEDGE OF ALLEGIANCE Ill. MINUTES Approve the minutes from the December 4, 2012 regular meeting. It was moved by Commissioner Dzadovsky, seconded by Commissioner Johnson to approve the minutes of the meeting held on December 4, 2012 and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. COUNTYATTORNEY Resolution No. 12-224—"Purple Heart County" Consider staff recommendation to adopt Resolution No. 12-224 as drafted. Ron Knebshield, Chairman of the United Veterans of Saint Lucie County and Wayne Teegardin, Veteran Services Manager were both present to accept the proclamation. It was moved by Commissioner Dzadovsky, seconded by Commissioner Hutchinson to adopt Resolution No. 12-224 as drafted and; upon roll call, motion carried unanimously. B. Transit Marketing Award Presentation - 38th Annual Florida Public Transportation Association (recognition of BOCC, COASL, and IRSC Advanced Technology Dept. capstone students) Corinne Williams, Transportation Coordinator for Saint Lucie County, addressed the Board regarding their participation in the 38th Annual Public Transportation Association Conference as well as the transit marketing effort. This year they came away with six awards; four First Place awards and two Honorable Mention awards. 1 Natasha Monaco, Mobility Specialist, stated that they have three Capstone students present who have won First Place Marketing Awards. She presented a Certificate of Appreciation to Roger Malloy from the Electronic Media Audio/ Visual class. Roger Malloy was present to accept the certificate. He thanked Natasha and Corrine for the opportunity to work on this project and described his Capstone project for the Board. Natasha Monaco presented a Certificate of Appreciation to the Council on Aging for receiving Honorable Mention in Sustaining Campaigns in Electronic Media and Audio/Visual Television. Mr. Darrell Drummond, St. Lucie Counsel on Aging, was present to accept the certificate. Natasha Monaco presented a Certificate of Appreciation to Prof. Walt Hines who has made their collaboration possible. Prof. Walt Hines was present to accept the certificate and commented on how proud they are of the Capstone students. Corinne Williams thanked the Board for allowing them the opportunity to go out and do what they do best which is to promote transit. Commissioner Dzadovsky recognized Natasha Monaco as an award winner from a few years ago and commented that they are lucky to have the Capstone Students. IV. GENERAL PUBLIC COMMENT Bill Blazak, Culpepper & Terpening Inc., addressed the Board and requested additional time to address the Board on Item Vill. V. CONSENTAGENDA It was moved by Commissioner Dzadovsky, seconded by Commissioner Johnson to approve the consent agenda and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 10 and 11. B. COUNTY ATTORNEY 1. Resolution No. 12-064 authorizing the First Amendment to October 6, 2009 Sublease of Land and First Amendment to October 6, 2009 Sublease Agreement with Sun Dancers Control Club, Inc. Consider staff recommendation to (a) adopt Resolution No. 12-064 and authorize the Chairman to sign the Resolution; and (b) authorize the Chairman to sign the First Amendment to the October 6, 2009 Sublease Agreement with Sun Dancers Radio Control Club, Inc. to sublease approximately 160 acres as described in Revised Exhibit "A" as approved by the County Attorney. B. COUNTY ATTORNEY CONTINUED This item was pulled from the agenda prior to the meeting. 2 2. Contract for Sale and Purchase — Harmony Heights Stormwater Improvements — Grace Geoghegan — Parcel ID 1431-802-0028-000/1 The Board approved the Contract for Sale and Purchase with Grace Geoghegan, authorized the Chairman to sign the Contract, directed staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. 3. Fort Pierce FBO, LLC — Consents to Reassignment and Assumption of Sublease Agreement from Knight Investments I Limited Partnership to DER Holdings, LLC (Hangars 3836 and 3840) The Board approved the proposed Consents to Consents to Reassignment and Assumption of Sublease Agreement from Knight Investments I Limited Partnership to DER Holdings, LLC (Hangars 3836 and 3840), and authorized the Chairman to sign the documents. 4. After the Fact Revocable License Agreement — Mr. & Mrs. Osipchuk — 4114 Poinsetta Avenue — North of Tumblin Kling Road The Board approved the After the Fact Revocable License Agreement, authorized the Chairman to sign the After the Fact Revocable License Agreement and directed Mr. & Mrs. Osipchuk to record the After the Fact Revocable License Agreement in the Public Records of St. Lucie County, Florida. 5. Fort Pierce FBO, LLC — Consent to Assignment and Assumption of Sublease Agreement from the Estate of Wayne J. Snyder and Marie Snyderto Topper Holdings, LLC (Hangar 3147) The Board approved the proposed Consent to Assignment and Assumption of Sublease Agreement form the Estate of Wayne J. Snyder and Marie Snyder to Topper Holdings, LLC (Hangars 3147), and authorized the Chairman to sign the document. 6. Fort Pierce FBO, LLC — Consent to Assignment and Assumption of Sublease Agreement from the Estate of Wayne J. Snyder to RTN Enterprises, Inc. (Hangar 3179) The Board approved the proposed Consent to Assignment and Assumption of Sublease Agreement from the Estate of Wayne J. Snyder to RTN Enterprises, Inc. (Hangars 3179), and authorized the Chairman to sign the document. C. PLANNING & DEVELOPMENT SERVICES St. Lucie County International Airport 1. Design & Construct Parallel Runway Taxiway Connector Grant — Florida Department of Transportation (FDOT) The Board approved Resolution No. 12-220 accepting FDOT Joint Participation Agreement (JPA) in the amount of $499,000 for the Design & Construct Parallel Runway Taxiway Connector, and authorized the Chairman to sign documents as approved by the County Attorney. C. PLANNING & DEVELOPMENT SERVICES CONTINUED 2. Budget Resolution No. 12-217 for Installation of Runway End Identifier Light System (REILS) Runway 28L Grant The Board approved Budget Resolution No. 12-217 establishing the fund for the installation of Runway End Identifier Light System (REILS) Runway 28L project and authorized the Chairman to sign documents as approved by the County Attorney. D. OFFICE OF MANAGEMENT & BUDGET Purchasing Division: 1. Fixed Asset Inventory — Property Record Removal The Board authorized removal of fixed assets, as listed on the Property Disposition Forms, from the capital asset inventory of various departments of St. Lucie County Board of County Commissioners. 2. Fixed Asset Inventory— Property Record Removal The Board authorized removal of fixed assets, as listed on the capital asset inventory of the Clerk of Circuit Court. Administration: 3. Dori Slosberg Mini -Grant Awards The Board awarded grant funds totaling $224,250 as indicated in the attached agenda memorandum, and authorized the County Administrator to sign documents as approved by the County Attorney. E. ENVIRONMENTAL RESOURCES Raccoon Island Restoration & Trails Grant The Board accepted a grant from the Florida Department of Environmental Protection Coastal Management Program in the amount of $29,000 to fund a restoration project and to improve public access to Raccoon Island Preserve, authorized the Chairman to sign documents as approved by the County Attorney and to approve Budget Resolution No. 12-221. F. PARKS, RECREATION & FACILITIES Regional Parks & Stadiums: 1. Assignment of Agreement C12-03-083 between St. Lucie County, Aegis Communications Group LLC, and Aegis USA Inc. The Board authorized assigning St. Lucie County agreement #C12-03-083 from Aegis Communication Group LLC to Aegis USA Inc., and authorized the Chairman to sign documents as prepared by the County Attorney. Fairwinds Golf Course: 2. Restaurant Lease Termination The Board accepted Mr. Julius' proposal of payment as outlined in his letter dated December 1, 2012 and authorization to terminate the agreement pursuant to either 11.01 or 11.03 of the Amended and Restated Concession Agreement if payments are not made. F. PARKS, RECREATION & FACILITIES CONTINUED E Administration: 3. Concession & Catering Services RFP #13-008 The Board approved the sole bidder Di'Michelli's Catering, Inc. for the Concession & Catering services at the Havert L. Fenn Center, the St. Lucie County Fairgrounds, John B. Parks Regional Park, South County Stadium and Lakewood Park Regional Park as outlined in the agenda memorandum. G. COMMUNITY SERVICES Resident Support Division: 1. FY13 Florida Department of Transportation (FDOT) Block Grant Amendment The Board approved the Supplemental Joint Participation Agreement for the FY13 Transit Block Grant, Budget Resolution No. 12-222 and the fourth amendment to COASL sub agreement C10-01-034, as outlined in the agenda memorandum; and authorized the Chairman to sign documents as approved by the County Attorney. 2. FY13 Federal Transit Administration (FTA) 5311 Operations Grant Amendment The Board approved the Supplemental JPA for FTA 5311 Non -Urbanized Area grant, Budget Resolution No. 12-223 and the fourth amendment to COASL sub grant agreement C10-01-044, as outlined in the agenda memorandum; and authorized the Chairman to sign documents as approved by the County Attorney. 3. Request for Qualifications (RFQ) No. 2-041, Professional Engineering Services for Indian River Veteran's Memorial Park The Board approved the short-listed firms for Professional Engineering Services to update Indian River Veteran's Memorial Park and permission to: 1. Conduct oral presentations with the short-listed firms; 2. Conduct contract negotiations with the successful short-listed firm; 3. If negotiations are successful, award contract to the successful short- listed firm and authorize the Chairman to sign the documents as prepared by the County Attorney. 4. If staff is unable to negotiate a satisfactory contract with the highest ranked proposer, negotiations with that firm shall be terminated and staff shall attempt to negotiate a contract with the second ranked firm. If these negotiations are not successful, they shall be terminated with the second proposer and attempted with the next ranked firm. H. HUMAN RESOURCES Risk Management Division: 1. Corizon Inmate Health Care Invoice No. CZN000011881 for FY-2012 The Board authorized payment of Corizon Health Services Invoice number CZN000011881 for FY-2012 Inmate Utilization of Medical Service costs in the amount of $136,075.57. 3. Corizon Health, Inc. Inmate HIV Medications Invoice for September 2012. H. HUMAN RESOURCES CONTINUED 5 The Board authorized payment of CORIZON Health, Inc. invoice number CZN000011882 for Inmate HIV medications for the FY-2012 period of September 01, 2012 through September 30, 2012, in the amount of $32,909.13. 3. CORIZON Health, Inc. Inmate HIV Medications Invoice for October 2012. The Board authorized payment of CORIZON Health, Inc. invoice number CZN000012008 for Inmate HIV medications for the FY-2013 period of October 01, 2012, through October 30, 2012, in the amount of $26,941.05. I. ADMINISTRATION Project Oleander — Letter of Intent The Board authorized the County Administrator to send a Letter of Intent to offer Project Oleander an Ad Valorem Tax Exemption phased over four years and a Job Growth Investment Grant (1GIG) in the amount of $24,750 phased over two years ($12,375 per year). VII. PUBLIC HEARINGS A. COUNTY ATTORNEY Code Enforcement Case No. 74084, 394 Gasparilla Avenue, Port St. Lucie, FL — Unsightly and Unsanitary Conditions, causing serious threat to public safety Consider staff recommendation to authorize staff to abate the violations by mowing and maintain the entire property for excessive overgrowth of grass and weeds and place a lien on the Property for the cost. The Assistant County Attorney gave an overview of Code Enforcement Case No. 74084. The Board was advised that this property was cited by Code Enforcement and has gone before the Code Enforcement Board who referred this case to the Board of County Commissioners as it is a threat to public safety. Staff advised that proper notice has been provided and staff is requesting permission to mow and place a lien on the property. Commissioner Dzadovsky questioned if the property remains overgrown for six months do they have the authorization to come back as this is listed as a one- time item. He also questioned what measures are being taken to secure pools. The Assistant County Attorney responded that the case can be brought back before the Board. They are also working on a new ordinance which will be implemented soon. In addition, one property does have a pool and they will be asking permission to secure that pool. It was moved by Commissioner Hutchinson, seconded by Commissioner Lewis to abate the violations by mowing and maintain the entire property for excessive overgrowth of grass and weeds and place a lien on the Property for the cost and; upon roll call, motion carried unanimously. B. COUNTYATTORNEY Code Enforcement Case No. 74085, 248 Airoso Blvd., Port St. Lucie, FL — Unsightly and Unsanitary Conditions, causing serious threat to public safety 9 Consider staff recommendation to authorize staff to abate the violations by mowing and maintain the entire property for excessive overgrowth of grass and weeds and place a lien on the Property for the cost. The Assistant County Attorney gave an overview of Code Enforcement Case No. 74085. The Board was advised that this property was cited by Code Enforcement, has gone before the Code Enforcement Board and because it is a threat to public safety, was referred to the Board of County Commissioners. Staff advised that proper notice has been provided and staff is requesting permission to mow and place a lien on the property. It was moved by Commissioner Dzadovsky, seconded by Commissioner Johnson to abate the violations by mowing and maintain the entire property for excessive overgrowth of grass and weeds and place a lien on the Property for the cost and; upon roll call, motion carried unanimously. C. COUNTYATTORNEY Code Enforcement Cases — Unsightly and Unsanitary Conditions — excessive overgrowth of grass and weeds, causing threat to public safety at: Case No. 74505 —421 Solaz Avenue, Port St. Lucie Case No. 74508 — 4000 Avenue L, Fort Pierce Consider staff recommendation to authorize staff to abate the violations by mowing and maintain the Properties at both locations for excessive overgrowth of grass and weeds and place liens on the Properties for the cost. The Assistant County Attorney gave an overview of Code Enforcement Case No. 74085. The Board was advised that Case No. 74505 was abated. Case No. 74508 at 4000 Avenue L, Fort Pierce was cited by Code Enforcement, has gone before the Code Enforcement Board and because it is a threat to public safety, was referred to the Board of County Commissioners. Staff advised that proper notice has been provided and staff is requesting permission to mow and place a lien on the property. It was moved by Commissioner Lewis, seconded by Commissioner Johnson to abate the violations by mowing and maintain the entire property at 4000 Avenue L, Fort Pierce for excessive overgrowth of grass and weeds and place a lien on the Property for the cost and; upon roll call, motion carried unanimously. D. COUNTYATTORNEY Code Enforcement Cases - Unsightly and Unsanitary Conditions - causing serious threat to public safety: Case No. 74507 - 154 Calmosa Drive, Port St. Lucie - Excessive overgrowth of weeds; unsanitary pool Case No. 74503 - 2672-2678 Niagara Ave., Fort Pierce - Excessive overgrowth of weeds; vacant structure - board up windows and doors Case No. 74511 - 4002 Avenue L, Fort Pierce - Excessive overgrowth of weeds; vacant structure - board up windows and doors Case No. 74433 - 114 Celestia Ct., Port St. Lucie - Excessive overgrowth of weeds; broken windows Consider staff recommendation to authorize Staff to abate the violations by mowing and maintain the properties at both locations for excessive overgrowth of grass and weeds and place liens on the Properties for the cost. The Assistant County Attorney gave an overview of the following Code Enforcement Cases: No. 74507, No. 74503, No. 74511 & No. 74433. The Board 7 was advised that these properties were cited by Code Enforcement, have gone before the Code Enforcement Board and because they are threat to public safety, were referred to the Board of County Commissioners. Staff advised that proper notice has been provided and staff is requesting permission to mow, board windows, secure the pool on one of the properties as noted and place a lien on each of the properties. It was moved by Commissioner Dzadovsky, seconded by Commissioner Hutchinson to abate the violations by mowing and maintain the properties for excessive overgrowth of grass and weeds, secure the pool at 154 Calmosa Drive, Port St. Lucie and place liens on the Properties for the costs and; upon roll call, motion carried unanimously. Commissioner Dzadovsky questioned if Mosquito Control will be treating the standing water in the pool. The Assistant County Attorney responded that they will refer the property to Mosquito Control, REGULAR AGENDA Vill. PUBLIC WORKS Utility Division: St. Lucie County Water and Sewer District Utility Service and Uniform Extension Policies Consider staff recommendation to adopt Resolution No. 12-219 updating the Utility Service and Uniform Extension Policies within the St. Lucie County Water and Sewer District as outlined in the agenda memorandum and attached exhibits. The Utilities Director gave an overview and background of Resolution No. 12-219. She explained that any major concerns raised were addressed in the revised policies. She explained the revisions and clarifications in greater detail. She stated that these policies are in place to protect the County, the District, the ratepayers and existing customers and to provide for uniformity. This resolution can be revised at a later date if necessary and staff requested that the Board adopt this resolution with revisions. Bill Blazak, Culpepper & Terpening Inc., advised the Board that he agrees that there are significant housekeeping issues that should be addressed with this resolution. He went on to address his overall concerns and his concerns as they relate to economic development. He advised the Board that he feels that this item needs more discussion. Commissioner Dzadovsky asked the Utilities Director to address the canceled contract with FPUA. The Utilities Director responded that the contract is still in effect and is not canceled. The County set forth the right to build their own plants and the original contract said that notice had to be given. We still have a bulk service agreement and a bulk area that's provided by FPUA. She also went on to address some of Mr. Blazak's comments and concerns. She stated that they do have property ready to build the plant whenever the Board deems. She stated that they will be looking at the connection fees in the next 6 to 8 months and she feels that there are reductions that can be made. She also addressed the refund and stated that that it would be identified in any special conditions if a developer chooses to have a development agreement earlier than what is required. It is voluntary and that would set forth when and what would be potentially refundable. She said that this policy is to cover all possible conditions. Commissioner Dzadovsky questioned if the Board can approve and change the conditions of this document at anytime. E*3 The Utilities Director responded that yes it can be modified at anytime. Commissioner Dzadovsky commented that if it's discovered that this becomes a hardship then the developers can come before the Board and make a case. Until such time as development returns to St. Lucie County then we won't know the byproduct of that. He addressed utility costs and commented that he would like to see Fort Pierce and the Countyjoin forces and worktowards a regional utility in North County. Commissioner Mowery commented that he was cautious because this is an item that they have been waited on for four years and then pushed at the last minute. In the meantime nothing has changed in the last month and a half that it's been in place. Linda Cox, St. Lucie County Chamber of Commerce, expressed her concern with some of the items listed in this document. She stated that there were a lot of changes made based on their recommendations which was appreciated but there are still some items of great concern. If they've waited this long to have this go into effect, why not wait a little bit longer so they can look at these issues so they aren't hurt from an economic development standpoint. Commissioner Hutchinson questioned if there's a way to separate the housekeeping items from the ones of greater concern or if everything would have to be done at once. The Utilities Director stated that a lot of these policies have been in effect for a long time and they are not all changes, some have just been fine-tuned. It is not her intention to go against economic development. She addressed some concerns mentioned and commented that if they don't pay after five years, the development agreement becomes null and void. If there are outstanding fees that yes, the intent is to reduce their capacity that's available, which is the same thing that FPUA does. She also commented on the concerns regarding the titleholder and stated that they cannot have someone else obligate the property owner. The capacity runs with the property and it was always requested; this just fine tunes that and ensures it in the document. She also feels it would be difficult to separate the items because they all work together. They have a service policy for existing customers as well as an extension policy that looks at new development and it would be difficult to separate the items. Commissioner Mowery commented that he feels they can distinguish between housekeeping items and the other more significant changes. He's uncomfortable moving forward with the magnitude of changes but has no problem with the minor housekeeping items. Commissioner Hutchinson questioned if the representatives who have spoken have specific areas of major concern. Bill Blazak responded that his concerns are regarding the limited refunds, the title holder, and the validity. Commissioner Dzadovsky commented on the titleholder issue. He feels we should be moving forward and making adjustments going forward. Bill Blazak commented that he just feels that it's a timing issue. He's concerned that the way it's structured, if you do pay prior to approval and you don't get your approval, you won't get your money back. Commissioner Hutchinson requested that Mr. Blazak point out that item in the document because she was not reading it that way. The County Administrator commented on the sessions she's had with staff regarding that concern and it was explained to her that there are a host of fees. The hard costs EJ would be refunded. The administrative review costs could not automatically be refunded; however, the hard costs would not have kicked in at the point and would in fact be refunded. She feels it is important to breakdown which of the fees would be impacted. The Utilities Director reviewed the development agreement fees impacted by the refund including: connection, capacity, inspection, plan review, administrative, and recording fees. The inspection fees would be returned and the connection fees would also be returned unless they were used at some point to start the construction project which would-be laid out in the development agreement. The recording fee would still have to be paid because the development agreement would be recorded but the bulk of the fees would be in the connection or impact fees for the utility. If it's not going through, the intent is not to hold onto their money. Brad Curry, Land Design South and Chairman of the Government Affairs Committee for the Chamber of Commerce, commented that they've come a long way to promote business in St. Lucie County. He read this section that he is concerned and stated that he feels that it means that there is a limited refund and he is concerned that will scare people off because it's not detailed enough. Commissioner Johnson commented that the fee sheet on page 57 of the application states that the fees may be adjusted and it is his understanding that they will be checked off per accomplishment. The Utilities Director responded that when they do the development agreement and those are the items that they pay, if there is an instance where it's voluntary and it still has to go in front of the board for approval, they can delineate special conditions in which the intent is for those fees to be refunded. So that will be part of the development agreement that is negotiated with the developers. Bill Blazak commented that a lot of these fees have been in the original agreement and are being fine-tuned; however, the limited refund has been added recently was never included in the policy before and it is a concern. If the fact is true that we have a current bulk water agreement with FPUA then he suggests that we get a letter from them stating that they stand behind this agreement. Commissioner Dzadovsky recommended that they move forward and set aside item 6 regarding the limited refund and item 7 which indicates the bulk service agreement. The Utilities Director responded that she's not sure that she can separate the section regarding the bulk agreement. The agreement has not been rescinded. The only thing that has been put forth is that they have the ability to build their own plants. The County Administrator commented that she can confirm the status of the bulk agreement. She indicated that if you go back and review the letter from the former Administrator, it clarifies what has been canceled. The bulk agreement has two thresholds including a five-year notice if the Board intends to construct facilities and she believes that is what this letter cancels. In addition there is a 15 year threshold if they were going to do away with it altogether. She also wanted to clarify for the record that the working relationship that they've had with the chamber has been longer than two years. Commissioner Mowery commented that they were referring to the fact they now have a Government Affairs Committee and as a result they been actively working on issues as it relates to the zoning. So that's all been new whereas previously they were actively involved and we didn't have that joint relationship. The County Administrator wanted to reiterate and clarify that they have had a working relationship with the chamber for longer than two years. 1W The County Attorney gave a description of the inter -local agreement with FPUA and explained that were two components to it. If we terminate the entire agreement they must give a 15 year notice which has not been done as of yet. There was an option that if we want to provide our own utilities then a five-year notice will be required which is what has been done. We had to sign an inter -local agreement initially because we had oversubscribed committed capacity that we didn't have, so we were forced to get our utility services through FPUA. He explained that they tried to build in some options for the County. One of which was, if we wanted to build our own facilities we could do that but we had to give them five years notice. We still have an inter -local or bulk agreement with them and it's not going to be canceled unless the Board decides to do that but you have to give 15 years advance notice. He suggested that the Board consider an alternative which would be to delete item 3 and go ahead with the other changes which are more or less consistent with what the Chamber is wanting in part and then come back and direct staff to deal with the refund issue on a separate basis. Another option would be approve the resolution but change the effective date to February 1 or March 1 to allow for more time to work out the entire comprehensive agreement if the Board is not comfortable. The County Administrator commented that there shouldn't be any applications in the pipeline that would be affected by this if they were to defer implementation of section 3. She feels that it would be feasible to move forward with the extraction of this particular section. The Utilities Director concurred with the County Administrator. Commissioner Lewis addressed Paragraph 19 of the former Administrators letter and commented on the issues and compromises that they worked on and advised that there was some flexibility granted but rest of the agreement was not affected. Also, it does not affect our ability to obtain service and capacity from FPUA and given the discussion today she believes they need to work through these issues which is why she supports Commissioner Dzadovsky's motion. Commissioner Mowery suggested removing the fee schedule or leaving it blank and then putting it into a resolution. It was moved by Commissioner Dzadovsky, seconded by Commissioner Lewis to adopt Resolution No. 12-219 updating the Utility Service and Uniform Extension Policies within the St. Lucie County Water and Sewer District as outlined in the agenda memorandum and attached exhibits with the exception of deleting the specified fees and bringing Item 6 back before the Board for the February Board meeting and; upon roll call, motion carried unanimously. Bill Blazak made a comment Commissioner Dzadovsky that he fully supports a regional utility and would like to set up a workshop as soon as possible. IX. COUNTY ATTORNEY RFQ #12-025 — Thermal Conversion Facility to Process Municipal Solid Waste — Mutual Termination of Negotiations with Top Ranked Firm and Permission to Negotiate with Second Ranked Firm Based on the above, consider staff recommendation to authorize staff to commence negotiations with Jacoby Synergy Renewables, the second ranked firm. The County Attorney provided background regarding the negotiations of a Thermal Conversion Facility. He explained that the original firm, Covanta Energy Corporation, was unable to meet the obligations of the RFQ so they requested that the negotiations be terminated because they couldn't meet the ultimate goal. Staff is recommending 11 that the Board authorize staff to terminate negotiations with go Covanta and commence negotiations with Jacoby Synergy Renewables, which is the second ranked firm. The County Administrator clarified that there was one final discussion with them as staff wanted to be certain beyond any doubt that there was no flexibility for Covanta to come in line with the RFQ and after that discussion it was clear that the terms could not be met. They collectively decided that it was in the interest of both the County and Covanta to terminate negotiations. Mark Ward, Jacoby Synergy Renewables, addressed the Board and stated that they look forward to working with St. Lucie County to develop a Thermal Conversion Facility that will help reduce the landfills and produce clean energy. He talked about their development team and their history of green projects. Dr. Hilburn Hillstead, President of Jacoby Synergy Renewables, is looking forward to bringing this green project to fruition in St. Lucie County. Commissioner Dzadovsky commented that he would like to make sure that they meet or exceed the original emission standards. Their standards were to exceed all Florida standards and he is asking that this group make it their priority to reduce emissions from the set standard. Commissioner Johnson expressed his thanks to the Jacoby Industries team and to Ron Roberts from the Solid Waste Department and he feels this project is a great thing for St. Lucie County. It was moved by Commissioner Hutchinson, seconded by Commissioner Lewis to authorize staff to commence negotiations with Jacoby Synergy Renewables, the second ranked firm and; upon roll call, motion carried unanimously. X. COUNTY ATTORNEY XI Settlement Agreement with APA Emerson @ Indrio, LLC Consider staff recommendation to approve the Settlement Agreement with the suggested amendment and authorize the Chairman to sign the Settlement Agreement. This item was pulled from the Agenda prior to the meeting. Treasure Coast Education & Research Development Authority (TCERDA) Board Consider staff recommendation to select one applicant from the applications submitted to fill the vacancy on the Treasure Coast Education & Research Development Authority. The County Administrator advised the Board that Travis Murphy's term has expired and he would like to be re -appointed. She stated that they have received a letter of recommendation from TCERDA and ballots have been placed before the Board. As there are other applicants, the Board needs to take those into consideration and vote for one applicant. She read the names of the other applicants for the record and then announced the Commissioner's votes. Travis Murphy was re -appointed to the Treasure Coast Education & Research Development Authority by unanimous vote. Commissioner Lewis commented that there were other good applicants but she took into consideration the request from the Board to reappoint Travis Murphy. 12 XI1. COUNTYATTORNEY County Medicaid Billing / FIB 5301— Proposed "final" Settlement Offer by AHCA Based on reasons stated above, consider staff recommendation to reject the November 16, 2012 settlement offer, but submit a counteroffer in the amount of $4,930,419.00. The County Attorney provided background regarding the bill enacted by the Florida Legislature that attempted to collect Medicaid billing from Florida counties back to 2001. He explained that in March 2012 the amount started with $16.6 Million owed by the County. By August, the certification date, the State determined that the amount was $11.9 Million. The law provided that there was a 15% discount to encourage counties to settle with the State. Our 15% discount was approximately $1.7 Million so that the backlog amount with the discount was approximately $10 Million. At that time the Board decided not to accept the discounted rate as they felt that it wasn't adequate and that they were overcharging the County significantly and felt that they at least needed to present their case to an Administrative Hearing Officer. He explained the process that they have gone through since then including the discovery process. He also explained that they felt that the ten year payback period was inappropriate based on the statute of limitations. And after looking at the billings, there were duplicate billings and significant overcharges. The final settlement offer was approximately $7 Million and included comments that they would not entertain a counteroffer. He explained that the worst -case scenario would be that the Administrative Law Judge would rule against the County on all issues and they would have to pay the entire original amount of $11.9 Million. Best case scenario would be that they would win on every issue including the statute of limitations and they believe that amount would be approximately $1.6 or $1.7 Million. The advantage of settling is a certainty the settlement brings. There's no guarantee that the Judge will rule in our favor. It is a difficult case because of the volume of records. County staff does not feel that the offer is low enough and with no disrespect to the State they are suggesting a counteroffer. He advised the Board that staff recommends that they reject the settlement and counteroffer in the amount of $4,930,419.00. Commissioner Dzadovsky thanked the staff for their efforts and stated that he feels that the counteroffer is reasonable. Commissioner Johnson commented he's excited to work with such committed people that are a firm representation of what St. Lucie County is all about. Commissioner Hutchinson stated that she has no problem with the counteroffer. She suggested that they get active legislation passed to clarify the issue regarding the statute of limitations. Commissioner Dzadovsky commented that the Florida Association of Counties is moving in that direction and also looking to possibly remove Medicaid altogether; so they are looking to find a resolution to this issue. Commissioner Lewis was at the Legislative Delegation and commented our staff did bring this issue before the Delegation so she feels that they are aware of it and that there will be further discussion. She's not sure if there will be legislation this year but there will be activity. Commissioner Hutchinson questioned if they specifically addressed the statute of limitations. Commissioner Lewis responded that she thinks it would be part of the discussion as far as the Medicaid issue. As the program changes she thinks it would be part of the discussion because it was part of the lawsuit that a lot of counties undertook. 13 Commissioner Hutchinson just wanted to confirm that the specific issue be addressed. She wants the State to acknowledge the limit when suing other government agencies and that the statute of limitations needs to apply. Commissioner Lewis questioned if the Court addressed that item specifically in their settlement. The County Attorney responded that out of the 57 Counties involved in the suit initially, most have either dismissed or abated. He stated that we will probably push the issue because it's to our benefit. Commissioner Lewis commented that if the Court declined to take action, she's not sure what the legislature will be able to do. It was moved by Commissioner Dzadovsky, seconded by Commissioner Hutchinson to reject the November 16, 2012 settlement offer, but submit a counteroffer in the amount of $4,930,419.00 and; upon roll call, motion carried unanimously. XIII. NON -AGENDA ITEM Appointment to the Friends of the Library Commissioner Lewis addressed the Board regarding her recent re -assignment to the Friends of the Library. She explained that due to a personal commitment, she will not be able to fulfill her responsibility and asked if someone would be interested in taking over her position. It was moved by Commissioner Dzadovsky, seconded by Commissioner Johnson to appoint Commissioner Dzadovsky in Commissioner Lewis's place on the Friends of the Library Board and; upon roll call, motion carried unanimously. ANNOUNCEMENTS 1. County offices will be closed on Monday, December 24, 2012 and Tuesday, December 25, 2012 to observe Christmas. 2. County offices will be closed on Tuesday, January 1, 2013 to observe New Years. 3. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, January 8, 2013 at 9:00 a.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 4. The Board of County Commissioner will hold a Regular Board meeting on January 8, 2013 at 6:00 p.m. in the County Commission Chambers located on the third floor of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. S. County offices will be closed on January 21, 2013 to observe Martin Luther King There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 14 AM 12/21/12 FZABWARR FUND TITLE 001 001009 001450 001451 001452 001512 001519 001534 001538 001539 001544 001545 001546 001547 001549 001550 101 101002 101003 101004 101006 101114 102 102001 102113 102812 105 107 107001 107002 107003 107005 107006 129 130 130214 140 140001 140369 140370 150 160 162 182 183 183004 185012 187 ST. LUCIE COUNTY - BOARD WARRANT LIST #12- 15-DEC-2012 TO 21-DEC-2012 FUND SUMMARY General Fund Gen -One Time Funding FCTD Planning Grant FDEM Emergency Preparedness FY 13 DEM RCMP 2012-2013 Neighborhood Stabilization Program CDBG FY 2008 Disaster Recovery Metropolitan Planning/Section 5303 HUD Neighborhood Stab 3 Safe Routes to School Program CDBG Disaster Recov Enhanc Prog HUD Shelter Plus Care Grant HUD Shelter Plus Care Grant 112 MPO FHWA Planning Grant Community Services Block Grant 2013 HUD Shelter Plus Care Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees FHWA FDOT Weatherbee Rd Unincorporated Services Fund Drainage Maintenance MSTU DEM Indian River Estates Drainage Paradise Park Stormwater Ph 3 Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Legal Aid F&F Fund -Court Related Technology Parks MSTU Fund SLC Public Transit MSTU FCTD Trip Grant 2012/2013 Airport Fund Port Fund FDOT Taylor Crk Perm. Spoil Site Co Taylor Creek Dredging -Phase 2 Impact Fee Collections Plan Maintenance RAD Fund Tourism Dev-5th Cent Environmental Land Acquisition Fund Ct Administrator-19th Judicial Cir Ct Admin.- Teen Court FHFA SHIP 2010-2011 Boating Improvement Projects EXPENSES 1,427,906.48 1,900.00 124.70 4,821.20 26,958.15 15,364.07 316,996.93 63.81 64,577.76 50.54 43.50 9,176.00 9,745.91 30,373.79 165.91 4,342.32 10,191.57 55,484.28 19,841.02 12,336.12 400.81 289,354.34 7,704.53 24,594.75 45,313.90 8,750.08 7,554.19 1,722,728.39 2,015.36 3,753.58 4,192.70 9,157.25 47,913.28 62,701.72 151.49 31,879.21 3,576.69 148.80 20,006.00 1,062.50 167.86 5,176.91 7,632.08 22,576.00 1,349.05 1,703.56 10.41 3,408.93 PAGE PAYROLL 450,528.95 0.00 989.71 0.00 125.45 2,668.71 1,294.05 838.12 1,067.80 171.48 586.86 2 95. 07 295.07 8,783.94 2,384.17 295.07 36,982.01 42,292.01 13,609.93 15,744.27 0.00 0.00 62,556.07 12,394.16 0.00 5,921.50 0.00 105,655.47 0.00 46,879.83 0.00 0.00 9,038.13 0.00 2,085.83 0.00 9,266.42 0.00 0.00 0.00 1,523.20 3,110.46 0.00 0.00 3,145.85 3,183.42 138.18 0.00 1 142 12/21/12 FZABWARR FUND TITLE 188 189103 189105 189106 189203 190 216 310001 316 316001 318 362 362300 382 39012 401 418 451 458 471 478 479 491 505 505001 505002 611 615 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #12- 15-DEC-2012 TO 21-DEC-2012 FUND SUMMARY Bluefield Ranch Improvements Home Consortium FY 2010 HUD Housing Counseling Grant FY 2011 Home Consortium Hardest Hit fund Advisor Services Sports Complex Fund County Capital I&S Impact Fees -Library County Capital 5th Cent Fuel -Capital County Capital -Transportation Bond Sports Complex Improv Fund FDOT Airport Terminal Renovations Environmental Land Capital Fund S.Hutch Beach&Dune Restoration SAD Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund No County Utility District-Operatin No Cty Util Dist -Renewal & Replace No Cty Util Dist -Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Health Insurance Administration Tourist Development Trust-Adv Fund Impact Fees Fund Bank Fund GRAND TOTAL: EXPENSES 0.59 67.28 9.83 99.36 41.93 26,480.68 1,202.00 38,070.45 7,856.81 69,599.73 1,750.00 49,000.00 281.81 15,908.26 15,159.86 185,009.59 13,500.18 65,662.18 48.54 25,623.96 77.01 959.43 1,427.10 188.42 4,348.04 1,344.40 7,674.08 6,104.64 209,084.66 5,092,029.25 PAGE 2 PAYROLL 0.00 942.14 136.36 1,330.24 578.63 17,331.85 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 46,864.04 14,599.04 4,533.12 665.16 7,141.17 1,063.12 1,195.88 18,673.66 796.80 2,324.05 1,632.20 2,388.76 0.00 0.00 966,047.41 143 12/28/12 FZABWARR FUND TITLE 001 001451 001512 001547 001549 101002 101003 101004 102 102001 102812 103 107 107006 129 130 130104 130105 130113 130114 140 140368 140369 140372 160 183 183001 183004 183006 184217 187 190 242 310002 316 382 396 401 418 451 471 491 505 611 801 ST. LUCIE COUNTY - BOARD WARRANT LIST $13- 22-DEC-2012 TO 28-DEC-2012 FUND SUMMARY General Fund FDEM Emergency Preparedness FY 13 Neighborhood Stabilization Program 112 MPO FHWA Planning Grant Community Services Block Grant 2013 Transportation Trust/80% Constitut Transportation Trust/Local'Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU Paradise Park Stormwater Ph 3 Law Enforcement MSTU Fine & Forfeiture Fund F&F Fund -Court Related Technology Parks MSTU Fund - SLC Public Transit MSTU FTA 5317 New Freedom Enhanced Servi FTA 5307-2 2009 Cap & Oper FTA 5307 FY2011 FTA 5307 FY 2013 Airport Fund FDOT - Taxiway C Rehabilitation FDOT Taylor Crk Perm. Spoil Site Co FDOT Term/Cus Fac Ren Phs 1 Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund S SLC Beach Rest 13SL1 Boating Improvement Projects Sports Complex Fund Port I&S Fund Impact Fees -Parks County Capital Environmental Land Capital Fund Lennard Road 1 - Roadway Capital Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund No County Utility District-Operatin Building Code Fund Health Insurance Fund Tourist Development Trust-Adv Fund Bank Fund GRAND TOTAL: EXPENSES 989,345.90 185.24 61,729.81 1,500.00 5,715.54 24,334.49 9,038.09 9,284.35 9,816.10 7,751.60 189,460.75 11,311.63 225,150.23 25,042.71 24,968.67 6,623.76 8,434.23 145.57 51,462.58 202,106.60 3,026.62 31,644.00 9,050.00 43,944.81 563.19 1,344.71 20.00 2,512.00 24.10 22,284.00 300.00 8,237.95 813.70 22,350.00 3,400.00 10,354.10 2,312.00 6,141.54 6,426.66 85.58 2,728.60 160.00 663,915.13 3,980.00 4,453.56 2,713,480.10 PAGE 1 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00' 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 796.80 0.00 0.00 52 O1/04/13 FZABWARR FUND TITLE 001 001009 001450 001451 001452 001512 001519 001534 001538 001539 001541 001544 001545 001546 001547 001549 001550 101 101002 101003 101004 102 102001 102812 107 107001 107002 107003 107006 129 130 130100 130101 130102 140 140001 150 160 183 183001 183004 183006 184108 185012 189103 189105 189106 189203 ST. LUCIE COUNTY - BOARD WARRANT LIST #14- 29-DEC-2012 TO 04-JAN-2013 FUND SUMMARY General Fund Gen -One Time Funding FCTD Planning Grant FDEM Emergency Preparedness FY 13 DEM RCMP 2012-2013 Neighborhood Stabilization Program CDBG FY 2008 Disaster Recovery Metropolitan Planning/Section 5303 HUD Neighborhood Stab 3 Safe Routes to School Program CSBG FY12 CDBG Disaster Recov Enhanc Prog HUD Shelter Plus Care Grant HUD Shelter Plus Care Grant 112 MPO FHWA Planning Grant Community Services Block Grant 2013 HUD Shelter Plus Care Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU Paradise Park Stormwater Ph 3 Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine.& Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology Parks MSTU Fund SLC Public Transit MSTU FTA 5307 Capital and Operating assi FTA Operating and Capital Assist FTA 5307-ARRA 2009 Capital Projects Airport Fund Port Fund Impact Fee Collections Plan Maintenance BAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FWC Artificial Reef Construction FHFA SHIP 2010-2011 Home Consortium FY 2010 HUD Housing Counseling Grant FY 2011 Home Consortium Hardest Hit fund Advisor Services EXPENSES 2,209,680.86 18,794.75 90.89 3,543.43 12.02 662.06 194.32 214.36 163.57 37.23 42.77- 91.39 55.25 47.76 15,487.08 414.36 50.26 6,523.79 10,491.31 2,415.78 8,194.41 12,799.78 17,245.47 838.61 3,553,605.13 19,059.66 20,335.92 28,149.40 120,024.84 17,996.00 366.01 524.52 524.52 1,049.04 1,670.70 100.00 267.75 5,022.24 30,283.01 160.00 1,567.54 22,136.38 36,000.00 26.32 48.80 18.25 277.03 73.59 PAGE 1 PAYROLL 450,024.05 0.00 285.86 0.00 73.96 4,810.80 788.38 876.83 734.78 314.38 0.00 556.46 252.33 271.97 9,306.18 2,167.84 271.96 37,170.19 41, 353.14 13,767.55 15,357.87 62,565.26 12,517.32 2,800.52 163,956.19 970.78 970.79 0.00 9,038.13 0.00 2,085.83 0.00 0.00 0.00 9,295.24 0.00 1,523.20 3,266.70 3,145.85 0.00 3,183.42 0.00 0.00 187.49 0.00 105.54 991.35 508.69 126 01/04/13 FZABWARR FUND TITLE 190 216 242 310001 317 318 362 401 418 451 458 471 478 479 491 505 505001 505002 611 625 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #14- 29-DEC-2012 TO 04-JAN-2013 FUND SUMMARY Sports Complex Fund County Capital I&S Port I&S Fund Impact Fees -Library County Capital -St Revenue Share Bud County Capital -Transportation Bond Sports Complex Improv Fund Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund No County Utility District-Operatin No Cty Util Dist -Renewal & Replace No Cty Util Dist -Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Health Insurance Administration Tourist Development Trust-Adv Fund Law Library Bank Fund GRAND TOTAL EXPENSES 4,688.76 15,520.24 252,059.38 25,006.90 10,960.52 7,830.00 15,195.00 431,207.61 10,314.05 14,463.31 118.59 10,965.58 209.96 665.95 3,535.03 1,373.91 15,080.54 365.23 13,361.12 3,884.56 275,062.57 7,279,161.43 PAGE 2 PAYROLL 16,513.59 0.00 0.00 0.00 0.00 0.00 0.00 46,587.06 14,922.48 4,986.87 686.14 8,021.39 1,255.11 1,045.92 18,614.26 0.00 296.60 1,226.71 2,388.75 0.00 0.00 972,041.71 127 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Revocable License Agreement Mr. & Mrs. Michael Sloan 11535 Palomino Drive Pony Pines Subdivision BACKGROUND: See an attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A ITEM NO. VI-61 DATE: January 8, 2013 REGULAR[] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [x] PRESENTED BY: JoAnn Riley Property Acquisition Manager RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Mr. & Mrs. Sloan to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED [ ] OTHER Faye W. Outlaw, MPA County Administrator, ICMA-CM [x]County Attorney: V " Daniel McIntyre [x] Originating Dept: fpa- JoAnn Riley Review and Approvals [x] Road and Bridge: Don Pauleyy [x] Engineering: Jv = -_ Mike Powley [x] Public Works: Mv1 %W Don West / Ix] County Surveyor: if1 Ron Harris PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: January 8, 2013 SUBJECT: Revocable License Agreement Mr. & Mrs. Michael Sloan 11535 Palomino Drive Pony Pines Subdivision BACKGROUND: Mr. & Mrs. Sloan have requested a Revocable License Agreement to install a field fence that will fall within the County's 20-ft. drainage/utility easement. Mr. & Mrs. Sloan will be installing and maintaining the fence subject to the conditions of the Revocable License Agreement. The Revocable License Agreement states that if the fence needs to be removed or relocated, at the determination of the County Engineer or Utility Department, it will be at Mr. & Mrs. Sloan's expense. RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Mr. & Mrs. Sloan to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. Respectfully submitted, Wu� )bAnn Riley Property Acquisition Manager k f`r * °U .$ g 3 h7it 4 � " ia• s � f r''�r tz < *'n �` � yt G lit '. Y s «' I Q D O m s a 1 �m mm ¢m 0 V 79 z W �W J V) Q W U � N p N L p� N QyNvN mm rc QCp J J N VI N V O O N m LL r Mao, N U ' p m U J p W pW'- O co LO Y Q v F U K N p C7L mJc`I 0 O O J O a o n° N �t Q�-mOL O C O ✓ N C6 J O p 9 y N N 000 -EOFOo ~ a J ._ W Ci�CK U °Ev�N Nay v U N N^ C UO-N 0 Q m Gd ° N 3' u0� r CNNiE F Evo u �E0 w W c y v m o QOa°�c N } U v m 9 N o Wo`6Q� ' n o Z x 1] N C N ' = O U O _ , L c December 4, 2012 To: Property Acquisition Division Re: Revocable License Agreement To Whom It May Concern: Q[Ecmuwm a mr- PROPERTY ACQUISITIONS We, Michael G. and Grace C. Sloan, are requesting a Revocable License Agreement to our property located at 11535 Palomino Dr. Port St. Lucie, FL 34987. We are anticipating installation of a field fence around our property line. Along the Drainage and Utility Easement, there will be a series of wooden posts and 12.5 gage wires, which will be one foot (1') from the property line as highlighted in yellow. We would appreciate your kind assistance and approval to this request. Respectfully yours, �yY Michael G Sloan (772)359-3449 Encl. copy of survey This instrument prepared by: Janet LiCausi under the direction of Daniel 5. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this day of 1 2013, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("County") and MICHAEL and. GRACE SLOAN, whose address is 11535 Palomino Drive, Port St. Lucie, FL 34987 (the "Owner") WHEREAS, the Owner owns the property described as follows: Lot 6, Block B, Pony Pines -Unit One, according to the Plat thereof, as recorded in Plat Book 17, Page(s) 3 of the Public Records of St. Lucie County WHEREAS, the Owners have requested a Revocable License Agreement for a field fence to be installed in a County drainage and utility easement. The field fence will consist of a series of wooden posts and12.5 gage wires which will be one foot from the property line within the County's easement. Exhibit A. WHEREAS, the County is willing to permit the Owners to encroach in the County's easement for the purpose of installing a fence subject to the terms and conditions set forth in this Revocable License Agreement. WHEREAS, the subject property lies within the City of Port St Lucie's Utility Service Area ("CITY"); WHEREAS, CITY grants the same permission and authority as granted by the COUNTY in this agreement so long as OWNER grants the CITY the same rights regarding removal and/or revocation of the authority granted to the COUNTY to build on a drainage and/or utility easement which is dedicated to the public. Additionally, upon the CITY, its agent, employee or designee's request, Owner agrees that if the CITY has requested removal or relocation of any encroachments and Owner has failed to comply, CITY will move the encroachments and demand repayment in full from the Owner. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The County agrees to grant the Owners a Revocable License Agreement for the fenc: which will encroach within the County's easement. This Revocable License shall extend only to the referenced fence and shall not extend to the construction and/or installation of any additional structures or utilities. 2. The sole purpose of this Revocable License Agreement is to grant the Owners permission to install and maintain the fence in the County's easement. The Owners agree that if the County Engineer and/or Road and Bridge Division determine the fence is causing flooding or drainage problems or other needs in the area and the fence needs to be removed or relocated, the owner will do so at the Owner's sole expense. 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes the Owners to install the fence in the County's easement. 4. The Owners shall maintain the easement along their fence in accordance with Standard Specifications for Public Works Construction in St. Lucie County, Florida. The fence shall not interfere with County use of the easement and any damage to the County easement shall be repaired by Owners. 5. This Revocable License Agreement shall be binding on future successors and assignees of the Owners, provided that Owners gives adequate notice to the County pursuant to Paragraph Twelve (12) of this Agreement. 6. The County shall have the right, at the sole discretion of the County Engineer or Road and Bridge Manager, to terminate this Agreement with or without cause and require removal of the encroachments at the Owners' sole expense upon ninety (90) days written notice to the Owners. The County Engineer or Road and Bridge Manager may, in lieu of termination, request that the Owners perform certain alterations to the fence or the location of the fence, at the Owners' sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer or Road and Bridge Manager, the County shall be entitled to exercise its right to terminate this Agreement. 7. Upon the abandonment of the fence, the expiration of this Revocable License Agreement, or the revocation of this Revocable License Agreement, whichever occurs first, the Owners shall be responsible for the removal of the fence and repair of the easements, if necessary. 8. The term of this Revocable License Agreement shall begin on the date first above written and shall remain in effect unless otherwise revoked or abandoned as provided herein. 9. Owners agree to relocate the referenced fence, at any time and at no cost to the County, if necessary for the maintenance or improvements of the easements by the County or Utilities Department. 10. The fence shall be installed in accordance with all applicable building codes and permitting regulations of the County and shall be maintained solely at the expense of the Owners. Any maintenance or relocation activity will be subject to the written approval of the County Engineer. 11. The Owners agrees to allow County employees access to the location of the fence for County purposes as determined by the County Engineer, 12. All notices, request and other communications dealing directly or indirectly with this License shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: As to County County Engineer As to Owner: Engineering Division Michael and Grace Sloan 2300 Virginia Avenue, 2nd Floor 11535 Palomino Drive Fort Pierce, FL 34982 - Port St. Lucie, FL 34987 3 With Copies to: County Attorney 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 or to such other address as any party may designate by notice complying with the terms of this sectkin Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 13. As consideration for the County granting this Revocable License Agreement the Ownei: agrees to indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or its' agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during Licensee's use of the property. 14. The Owners shall promptly record this Revocable License Agreement in the Offici: Records of St. Lucie County, Florida. The Owners shall pay any document excise taxes and the cost or recording this Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. ATTEST: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DEPUTY CLERK 4 [A CHAIRMAN WITNESS: Witness t it ess (� Witness \- Q IFness STATE OF FLORIDA COUNTY OF ST. LUCIE by APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY MICHAELSLOAN GRACE SLOAN The foregoing instrument was acknowledged before me thisday of D�cCmheP_209.2, MICHAEL and GRACE SLOAN who produced O• L . (type of identification) and who did take an oath. WITNESS my hand and official seal, this I -'Q� day ofi�rjM e2012. My commission expires: _f1de STEPHANIEBUSH MYCOMMI5SIONN EE0MII EXPIRES: Maroh 27, 2015 Bon dad Thm Notary Public Undewdug, Signature of Notary Public JQA Up mm rcm y F a �i Z u I w2 ^^wiW VJ r" tic i 30 y B`a yS&Q45 e� 0 ry aiO C, 1 0 J L N m LYa r _ Z°=s —a N M. of L L N -.J• N O p O zu L a� a°> m O J O W aN_ c U ° c� ° v ° ° O O J J O N 'boo.°o m CIVIN �maod< ZL%mc( N aj Q~ 03 a O c Q c C O °j °J Wo O � N [ N L E O li a', m c tl W•-� ° tl U_°Ema_ m o= U m Q m ca ° tl F �E°° [ W W y v N c o < < N } O N tl N m O Wy>_Q4 ° ° ? L' 11 N Z C W 'U m o [ m r AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Revocable License Agreement Commercial Rentals, Inc. Property on South U.S. Hwy 1 Ground Sign BACKGROUND: See an attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A ITEM NO. VI-B2 DATE: January 8, 2013 REGULAR[] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [x] PRESENTED BY: JoAnn Riley Property Acquisition Manager RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Commercial Rentals, Inc. to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED [ ] OTHER Faye W. Outlaw, MPA County Administrator, ICMA-CM [x] County Attorney: V Daniel McIntyre [x] Originating Dept: -TN`- JoAnn Riley Review and Approvals [xj Road and Bridge: Don Pauley [x] Engineering: Wo Mike Powley [x] Public Works: Ph" Don West // [xj County Surveyor:"P//n Ron Harris PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: January 8, 2013 SUBJECT: Revocable License Agreement Commercial Rentals, Inc. Property on South U.S. Hwy 1 Ground Sign BACKGROUND: Commercial Rentals, Inc. is requesting to install a ground sign on a 59-ft. strip of property owned by the County located on the east side of U.S. Hwy 1 north of Edwards Road and north of the Coral Cove Shopping Center. The sign will be located on a 59-ft. strip of County property on the east side of U.S. Hwy 1 adjacent to their properties. The location of the sign and diagram are attached. The sign will be permitted through the City of Fort Pierce. Commercial Rentals, Inc. needs permission to be on County property through a Revocable License Agreement. They will be installing landscaping, irrigation and electric also on County property to City of Fort Pierce Code. Attached is the sketch of the sign along with the Revocable License Agreement for your review and approval. RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Commercial Rentals, Inc. to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. Respectfully submitted, nn Riley V Property Acquisition Manager 2802 2806 Cl 2806 C2 2806 C3 2806 C4 2806 C5 2806 C6 2838 2840 2750 1104 1108 1122 1124 1128 1101 1103 1107 926 905 924 903 922 901 1204 1208 1222 1224 1228 1201 1203 1207 GRAND CLUB BLVD 828 808 J a Op 1001 1003 `L1 1005 1007 2814 D1 2814 D4 2814 D7 2814 D9 2810 2818 E1 2818 E2 2818 E4 2900 2818 E6 2818 E8 2822 U, 10/65/7012 13:19 7725629813 BRISTER SIGNS PAGE 01 Parcel Ir Project I CITY OF FORT PIERCE -- PLANNING DEPARTMENT — VARIANT CCSrY)m�rcir ( j�-erl�-�lS,.�.Y�C_ prapenvDw�plstu � Street Address ------------- State TIP ��i`erce�f� 3�Rr�� pho Numbet� Cn 7—Cai`i Email Address Address �Stets, bP ��-S7+'7,. la— PhoneNumber ('n.,,.,f:,,f) t�t'zr�PlEra.m�vn�C•� Email Address Probe caner(s) AtknowlEa'gtmenN:. iMs application will not be conVilered Complate wift0f the. signature of all property mvners of record,. which shall serve n orknowlydplment c�M�s�b� fsslon of belt application. The PrOPerlY Owner's sibnaturebelow'ball elso authoree the Applicant (if other than the . �..•e.. a... >! mrr.c Warr in Whtr behalf far the purposes of seeking QpPrOvolfar the opphcodoA desSdbtdnercin. sT OF .- -„ COUNTY-�,',`,'l_,�', ��" '� �,� rh 4regoing instrument Was acknowledged before me this V da of r�� ZO« by - lJhn - h, o (s personally known am has produced -; �•de °W. No BOft Stele of Florida K W. ATim411n Si n tbre of Notary t My Commission D0994706 ( I) C g �'?o off` Expire, OW06/2014 INTAKE MEEVN615 ARE REQPIREO OR L t!9 I L L (77214604260 X247: TO�f,�jiMP sTRDyCTA F - - vibuting IndNklutir Non-Convib0ting None Pre•Appocation Meeting Date _ fees. Control g B, Permit q Infake Planner Planner Assigned Approved By _82e Comments. - -—�— P INske -- 0 P.O. Box 1480 0 Forri PIERCE, .F134954,1480 0 772 460r2200 0 Fl W W W,CrtytWFMWIERa.COM. 10/05/2012 13:19 7725629813 BRISTER SIGNS PAGE 02 3ubmir ab1+t (B) bard aydes and one (1) roef the fo.+bwingfor krtbol submirtat subsequent suhn,fttah wiN be requkad: ❑ Site plan, to scale, induding all reievantimpmements: O Existing & proposed strmth"t O tandscaPing&parking, ❑ reminbsign9,eU, ❑ As-builtsarvay Cdteds Narradve Complete,, notarized application Description of requesic-l- nS ` -x�L i r Reaspnforrequest: `� 1 �l.. tipii' 4Y lYl� (XYit� ors, e view o stc>)tl j Existting V5et3� )0YIP. Dpte Property was Purchased: Alterations made to the site since purchase: Hasa request for this variance been denied in the past? Q yes 4d; No if yes, what has changed since the denial? afterro: in order to determine whetheryour request for Variance mpet5 all the criteria in Section 22- 103oftheCityCode, please answer thefotlowingquestions. please provide answers of questions on separate pages: , 1. Describe those conditions peculiar to the spedfic property and not applicable to other lands, structures, or buildings in the same zoning district. 2, Does special conditions ordreumstancesresult from actions other than that of yours? Please explain. 3., Identify any undue. hardships or deprivation of commonly enjoyedptoperty n$Ms that. would result in the literal interpretation of the code forthe zoning district 4. What is the minimum variance that would give the reasonable use of the land, building, orstrueture? - S. Explain how the variance request would not impair the intent ofthe zoning ordinance or be detrimental to the general public welfare: This instrument prepared by: Janet LiCausi under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT made and entered this day of 2013, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and COMMERICIAL RENTALS, INC., whose address is 2001 9Ta Avenue, Suite 106, Vero Beach, FL 32960-5380 (Commercial Rentals). WHEREAS, Commercial Rentals desires to install a sign, landscaping and irrigation system in the County right-of-way contiguous to their property. The sign, landscaping, irrigation system and any electric utilities needed for the sign will be solely maintained by Commercial Rentals, hie. WHEREAS, Commercial Rentals, Inc. has requested that they be allowed to install a sign, landscaping, irrigation system and electric, if needed, as shown on attached Exhibit "A". The sign will be I ft. x 10.8 ft. as shown on Exhibit `B." Ground Signs shall have a landscaped area around its base which extends a minimum distance of three (3) feet in all directions. Such landscaped area shall be completely covered by ground cover and shrubs, hedges or similar vegetative materials. Vegetation in the area surrounding said sign shall be maintained at a height of less than twelve (12) inches. With this landscaping requirement, the applicant must maintain the landscaping; therefore irrigation may be necessary depending upon the species planted. As far as the electrical lines, they will need to have any electrical contractor advice on the placement and utilization of electrical lines for each sign. WHEREAS, the County has agreed to allow the installation of the sign, landscaping, irrigation system and electric, if needed, in the County's right-of-way, subject to the terms and conditions set forth in this Revocable License Agreement. fJ NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: The County agrees to grant Commercial Rentals, Inc. a Revocable License Agreement for the purpose of installing and maintaining a sign, landscaping, irrigation system and electric, if needed, in the County's right-of-way along Commercial Rentals' property frontage. Commercial Rentals' Inc. will install, maintain, weed, mow, plant, irrigate and install the sign, subject to the terms and conditions set forth in this Revocable License Agreement. St. Lucie County Environmental Resources encourages, Commercial Rental hic. to utilize native, drought -tolerant species. The Florida Yards and neighborhoods Florida -Friendly Plant database is a good resource for locating these types of plants. QZp•//www floridayards org/fyplants/index php 1 Commercial Rental Inc. will work closely with St. Lucie County Environmental Resources regarding: (1) exact proposed sign locations relative to exact existing tree locations, (2) a discussion regarding impacts that may occur to the existing trees, (3) a discussion of measures to avoid and minimize damage to the existing tree roots during ground disturbance related to sign installation and landscaping installation, (4) a discussion of proposed tree trimming methodologies, (5) a plan showing proposed landscaping (species, sizes, and locations). This license shall extend only to the above -referenced landscaping and irrigation system, sign and electric, if needed, and shall not extend to the construction and/or installation of any additional structures or utilities. 2. The sole purpose of this Revocable License Agreement is to allow Commercial Rentals, Inc. to install a sign, landscaping, irrigation and electric, if needed, in the location identified in Exhibit "B", 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes Commercial Rentals, Inc. to install a sign, landscaping, irrigation and electric, if needed, in this location as identified in Exhibit `B". 4. Commercial Rentals, Inc., shall install and maintain the landscaping, irrigation system and the sign in accordance with the Standard Specifications for Public Works Construction in St. Lucie 2 County, Florida, City of Ft. Pierce and FDOT Standards. Commercial Rentals, hie. shall also provide a Maintenance of Traffic Plan to the County for approval prior to construction and provide notice to the County Engineer and Road and Bridge Department with a schedule for construction. 5. This Revocable License Agreement shall be binding on future successors and assignees of Commercial Rentals, Inc., provided Commercial Rentals, hie. gives adequate notice to the County pursuant to Paragraph Eleven (11) of this Agreement. 6. The County shall have the right, at the sole discretion of the County Engineer or Road and Bridge Manager, to terminate this Agreement with or without cause and require removal of the encroachment at Commercial Rentals, Inc. sole expense upon ninety (90) days written notice to Commercial Rentals, Inc. The County Engineer or Road and Bridge Manager may, in lieu of termination, request Commercial Rentals, Inc. perform certain alterations at Commercial Rentals, Inc. sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer or Road and Bridge Manager, the County shall be entitled to exercise its right to terminate this Agreement. 7. The term of this Revocable License Agreement shall begin on the date first above written and shall remain in effect unless otherwise revoked or abandoned as provided herein. 8. Commercial Rentals, Inc. agrees to relocate the referenced encroachments, at any time and at no cost to the County, if necessary for the maintenance or improvements of U. S. Highway One. 9. The landscaping, irrigation system and sign in the County's right-of-way shall be constructed in accordance with all applicable building codes and permitting regulations of the County and City of Ft. Pierce and shall be maintained solely at the expense of Commercial Rentals, hie. Any maintenance activity will be subject to the written approval of the County Engineer and/or Road and Bridge Department. 10. Commercial Rentals, Inc. agrees to allow County employees access to the location of the encroachments for County purposes as determined by the County Engineer and/or the Road and Bridge Department. 3 11. All notices, request and other communications dealing directly or indirectly with this license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: As to County: County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 As to Owner: Commercial Rentals, Inc. 2001 9a' Avenue, Suite 106 Vero Beach, FL 32960-5380 With Copies to: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 or to such other address as any party may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 12. As consideration for the County granting this Revocable License Agreement, Commercial Rentals, Inc. agrees to indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or its' agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during Commercial Rentals, Inc. use of the property. 13. The County shall promptly record this Revocable License Agreement in the Official Records of St. Lucie County, Florida. Commercial Rentals, Inc. shall pay any document excise taxes and the cost of recording this Revocable License Agreement. 0 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written, ATTEST: DEPUTY CLERK WITNESS: STATE OF FL R1DA COUNTY OIn L ST. LUCBE COUNTI' BOARD OF COUNTY COMMISSIONERS CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY COMME CIAL RENTALS, INC. (CORPORATE SEAL) The foregoing instrument was acknowledged before me this . & day of a 20P, by. :Zo. M 6a1 ' I (� as N Of COMMERCIAL RENTALS, INC, . and produced a C (type of identification) and who did take an oath. WITNESS my hand and official seal, this Z`/ may of of o L ,% . L4 —1 1 A.D., 201,7, My Commission Expires: 41 MkMlY A T4i ffiWin1Mycommission= M094 Fl7o0A6 7a osM1 #j(pims 08/0612014 5 Si afore ofNotarypubb'e` " " —� EXHIBIT 0 „ r' AGTA/-A( fi AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Revocable License Agreement Wellspring Properties, LC 2806 South U.S. Hwy 1 Ground Sign BACKGROUND: See an attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A ITEM NO. VI-B3 DATE: January 8, 2013 REGULAR[] PUBLIC HEARING Leg. [ ) Quasi -JD [ ] CONSENT [x] JoAnn Riley Property Acquisition Manager RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Wellspring Properties, LC to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: [ ] APPROVED [ ] OTHER [x] County Attorney"' '` Daniel McIntyre [x] Originating Dept: ') r --- JoAnn Riley [ ] DENIED CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM Review and Approvals [x] Road and Bridge: Don Pauley [x] Engineering: mq Mike Powley [x] Public Works: trt`1 D - Don West / [x] County Surveyor:XN Ron Harris PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: January 8, 2013 SUBJECT: Revocable License Agreement Wellspring Properties, LC 2806 South U.S. Hwy 1 Ground Sign BACKGROUND: Wellspring Properties, LC is requesting to install a ground sign on a 59-ft. strip of property owned by the County located on the east side of U.S. Hwy 1 north of Edwards Road and north of the Coral Cove Shopping Center. The sign will be located on a 59-ft. strip of County property on the east side of U.S. Hwy 1 adjacent to their properties. The location of the signs and diagram are attached. The sign will be permitted through the City of Fort Pierce. Wellspring Properties, LC needs permission to be on County property through a Revocable License Agreement. They will be installing landscaping, irrigation and electric also on County property to City of Fort Pierce Code. Attached is the sketch of the sign along with the Revocable License Agreement for your review and approval. RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Wellspring Properties, LC to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. Respectfully submitted, alk� o nn Riley Property Acquisition Manager 2750 1104 1108 j' 1122 1124 1128 2802 jj 1101 1103 1107 2806 Cl 2806 C2 2806 C3 2806 C4 2806 C5 2806 C6 2838 2840 926 905 924 903 922 901 1204 1208 1222 1224 1228 1201 1203 1207 ORANI IJOB VO 828 808 1001 i 1003 z 1005 1007 2814 D7 2814 D4 2814 D7 2814 D9 2810 2818 E1 2818 E2 2818 E4 2900 2818 E6 2818 E8 2822 ,.f fry i 1 j IT W � rt (jii Ski fJ�-�� i 3L i r This instrument prepared by: Janet LiCausi under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 THIS AGREEMENT made and entered this day of 2013, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and WELLSPRING PROPERTIES. LC, whose address is 2001 9TH Avenue, Suite 106, Vero Beach, FL 32960-5380 (WELLSPRING PROPERTIES). WHEREAS, Wellspring Properties desires to install a sign, landscaping and irrigation system in the County right-of-way contiguous to their property. The sign, landscaping, irrigation system and any electric utilities needed for the sign will be solely maintained by Wellspring Properties. WHEREAS, Wellspring Properties has requested that they be allowed to install a sign, landscaping, irrigation system and electric, if needed, as shown on attached Exhibit "A". The sign will be 11 ft. x 10.8 ft. as shown on Exhibit `B." Ground Signs shall have a landscaped area around its base which extends a minimum distance of three (3) feet in all directions. Such landscaped area shall be completely covered by ground cover and shrubs, hedges or similar vegetative materials. Vegetation in the area surrounding said sign shall be maintained at a height of less than twelve (12) inches. With this landscaping requirement, the applicant must maintain the landscaping; therefore irrigation may be necessary depending upon the species planted. As far as the electrical lines, they will need to have any electrical contractor advice on the placement and utilization of electrical lines for each sign. WHEREAS, the County has agreed to allow the installation of the sign, landscaping, irrigation system and electric, if needed, in the County's right-of-way, subject to the terms and conditions set forth in this Revocable License Agreement. 1 NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The County agrees to grant Wellspring Properties a Revocable License Agreement for the purpose of installing and maintaining a sign, landscaping, irrigation system and electric, if needed, in the County's right-of-way along Wellspring Properties' property frontage. Wellspring Properties will install, maintain, weed, mow, plant, irrigate and install the sign, subject to the terms and conditions set forth in this Revocable License Agreement. St. Lucie County Environmental Resources encourages, Wellspring Properties to utilize native, drought -tolerant species. The Florida Yards and neighborhoods Florida -Friendly Plant database is a good resource for locating these types of plants. (http://www.floridgyards.orgLfyplants/index.php.) Wellspring Properties will work closely with St. Lucie County Environmental Resources regarding: (1) exact proposed sign locations relative to exact existing tree locations, (2) a discussion regarding impacts that may occur to the existing trees, (3) a discussion of measures to avoid and minimize damage to the existing tree roots during ground disturbance related to sign installation and landscaping installation, (4) a discussion of proposed tree trimming methodologies, (5) a plan showing proposed landscaping (species, sizes, and locations). This license shall extend only to the above -referenced landscaping and irrigation system, sign and electric, if needed, and shall not extend to the construction and/or installation of any additional structures or utilities. 2. The sole purpose of this Revocable License Agreement is to allow Wellspring Properties to install a sign, landscaping, irrigation and electric, if needed, in the location identified in Exhibit `B". 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes Wellspring Properties to install a sign, landscaping, irrigation and electric, if needed, in this location as identified in Exhibit `B". 4. Wellspring Properties shall install and maintain the landscaping, irrigation system and the sign in accordance with the Standard Specifications for Public Works Construction in St. Lucie County, Florida, City of Ft. Pierce and FDOT Standards. Wellspring Properties shall also provide a Maintenance 2 of Traffic Plan to the County for approval prior to construction and provide notice to the County Engineer and Road and Bridge Department with a schedule for construction. 5. This Revocable License Agreement shall be binding on future successors and assignees of Wellspring Properties, provided Wellspring Properties gives adequate notice to the County pursuant to Paragraph Eleven (11) of this Agreement. 6. The County shall have the right, at the sole discretion of the County Engineer or Road and Bridge Manager, to terminate this Agreement with or without cause and require removal of the encroachment at Wellspring Properties sole expense upon ninety (90) days written notice to Wellspring Properties. The County Engineer or Road and Bridge Manager may, in lieu of termination, request Wellspring Properties perform certain alterations at Wellspring Properties sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer or Road and Bridge Manager, the County shall be entitled to exercise its right to terminate this Agreement. 7. The term of this Revocable License Agreement shall begin on the date first above written and shall remain in effect unless otherwise revoked or abandoned as provided herein. 8. Wellspring Properties agrees to relocate the referenced encroachments, at any time and at no cost to the County, if necessary for the maintenance or improvements of U. S. Highway One. 9. The landscaping, irrigation system and sign in the County's right-of-way shall be constructed in accordance with all applicable building codes and permitting regulations of the County and City of Ft. Pierce and shall be maintained solely at the expense of Wellspring Properties. Any maintenance activity will be subject to the written approval of the County Engineer and/or Road and Bridge Department. 10. Wellspring Properties agrees to allow County employees access to the location of the encroachments for County purposes as determined by the County Engineer and/or the Road and Bridge Department. 11. All notices, request and other communications dealing directly or indirectly with this lt1 license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: As to County: County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 As to Owner: Wellspring Properties LC 2001 9a' Avenue, Suite 106 Vero Beach, FL 32960-5380 With Copies to: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 or to such other address as any party may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 12. As consideration for the County granting this Revocable License Agreement, Wellspring Properties agrees to indemnify and bold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or its' agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during Wellspring Properties use of the property. 13. The County shall promptly record this Revocable License Agreement in the Official Records of St. Lucie County, Florida. Wellspring Properties shall pay any document excise taxes and the cost of recording this Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above 2 first written. ATTEST: DEPUTY CLERK STATE OF RIDA FL 'w� COUNTY OF��,, The foregoing instrument was ackmwledged before me this/ V day of 201 by M,-) •I /; i I ,i as of WELLSPRING PROPERTIES,I C and produced a J�Zti2V. L, (type of identification) and who did take.an oath. WITNESS my hand and official seal, this "' day of f_Lc,. A.D., 24 My Commission Expires: .':011i, N9Ury Nblk 9UIr.1i:I.1W. `F MOO,!A TlmWlu My pom�9Usio0 00094700 My C. 09109,/2014 ST. LUCIE COUNT' BOARD OF COUNTY COMMISSIONERS CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY WELLS G PROPERTIES, LC T_. By: (CORPORATE SEAL) 5 Signature ofNotaryPublic .-A � OPaMpscilE Ir]i ({/� IWiffli „yea ObT AGTAIM F3 m J Q AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B.4 DATE: January 8, 2012 REGULAR [] PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 13-006authorizingtheFirstAmendment to October 6, 2009 Sublease of Land and First Amendment to October 6, 2009 Sublease Agreement with Sun Dancers Radio Control Club, Inc. BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends the Board (a) adopt Resolution No. 13-006 and authorize the Chairman to sign the Resolution; and (b) authorize the Chairman to sign the First Amendment to the October 6, 2009 Sublease Agreement with Sun Dancers Radio Control Club, Inc. to sublease approximately 160 acres as described in Revised Exhibit "A" as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED [ ] OTHER: Faye W. Outlaw, MPA County Administrator, ICMA-CM ReviAdrenS County Attorney: Management & BudPurchasing: Daniel S. McIntyre ouin Originating Dept. Environmental Svcs.:Parks, Rec & Facilities: Ed Matthews INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 12-1394 DATE: November 19, 2012 SUBJECT: Resolution No. 13-006 authorizing the First Amendment to October 6, 2009 Sublease of land and First Amendment to October 6, 2009 Sublease Agreement with Sun Dancers Radio Control Club, Inc. iiYtitYYitltiititttittYiitlttttttttiiiYtiYitttttYi!!!•ltttttYYYYt!littt►ttiiliiliY BACKGROUND: In April 2008, the Sun Dancers Radio Control (model airplane) Club was asked by the City of Port St. Lucie to relocate from East Torino Boulevard to a more suitable location, as a result of noise complaints. The Club contacted the County for assistance and after researching numerous sites, the County Identified a tract of land owned by South Florida Water Management District (SFWMD) and leased by the County, as the most suitable location. In 2009, the County leased 616 acres (Tract KE100-020) from SFWMD for uses "compatible with the preservation of the natural and historical resources of the site, and may include hiking, biking, equestrian, remote controlled airplanes and cars, model rockets, archery, etc." The initial term of the Lease is for a period often (10) years and maybe extended for additional one-year terms. On October 6, 2009, the County entered Into a Sublease Agreement with the Sun Dancers Radio Control Club to use 80 acres of the site as a remote control airplane facility. The County proposes to amend the October 6, 2009 Sublease Agreement with the Sun Dancers to increase the number of acres subject to the Sublease Agreement from 80 acres to 160 acres. A copyof a draft First Amendment to the October 6,2009 Sublease Agreement is attached to this memorandum. Alsoattached to this memorandum is a copy of Resolution No. 13-006 which, if adopted, would authorize the Sublease Agreement with the Sun Dancers Radio Control Club, RECOMMENDATIONICONCLUSION: Staff recommends the Board (a) adopt Resolution No.13-006 and authorize the Chairman to sign the Resolution; and (b) authorize the Chairman to sign the First Amendment to the October 6, 2009 Sublease Agreement with Sun Dancers Radio Control Club, Inc. to sublease approximately 160 acres as described in Revised Exhibit "A" as approved by the County Attorney. DSM/caf Attachments RESOLUTION NO. 13-006 A RESOLUTION AUTHORIZING THE FIRST AMENDMENT TO THE OCTOBER 6,2009SUBLEASE OF LAND BETWEEN ST. LUCIE COUNTY, FLORIDA AND THE SUN DANCERS RADIO CLUB, INC., A FLORIDA NON-PROFIT CORPORATION, OF PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA, FOR THE INSTALLATION, MAINTENANCE AND OPERATION OF A REMOTE CONTROL AIRPLANE FACILITY FOR THE BENEFIT OF THE CITIZENS OF ST. LUCIE COUNTY; AUTHORIZING THE CHAIRMAN OF THE COUNTY COMMISSION TO EXECUTE THE FIRST AMENDMENT TO THE OCTOBER 6, 2009 SUBLEASE AGREEMENT AND OTHER INSTRUMENTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, St. Lucie County is the lessee of certain real property located along Germany Canal Road more particularly described in PARTA below,which is not needed forCounty purposes; and WHEREAS, on October 6, 2009, St, Lucie County approved a Sublease Agreement subleasing approximately 80 acres to the Sun Dancers Radio Club, Inc., a Florida non-profit corporation (the "Club"); and WHEREAS, the Club wish to amend the sublease for recreation purposes to install, maintain and operate a remote control airplane facilityforthe benefit of the citizens of St. Lucie County; and WHEREAS, the County and the Club desire to amend the Sublease Agreementto include an additional 80 acres for a total of 162.3 acres +/-, which 162.3 acres +/- acres is described in Part A below. WHEREAS, the Board of County Commissioners of St. Lucie County has determined that subleasing the property described below in PART A to the Club serves a valid public purpose for the citizens of St. Lucie County; and WHEREAS, pursuantto Section 125.38, Florida Statutes, the Board of County Commissioners of St. Lucie County is authorized and empowered to sublease property described below in PART A to the Club as a non-profit organization; and WHEREAS, the Board of County Commissioners of St. Lucie County deems the above described sublease to be in the best interest of the citizens of St. Lucie County; and WHEREAS, the Board caused the First Amendment to the October 6, 2009 Sublease Agreement to be placed on the agenda for Board discussion at the Board's regular meeting held on December 18, 2012. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: Section 1: Findings The findings set out above are hereby adopted as findings of the Board. Section 2: Sublease Authorized The property described below in PART A shall be subleased to the Club for use as a remote control airplane and car facility. PART A A PARCEL OF LAND LYING IN SECTION 19, T-36-S, R-38-E, ST. LUCIE COUNTY, FLORIDA. SAID PARCEL. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NE 1/4 OF SECTION 19; TOGETHER WITH THE NORTH 1/2 OF THE SE 1/4 OF SECTION 19; TOGETHER WITH THE NORTH 1/2 OF THE SOUTH 1/2 OF THE SE 1/4 OF SECTION 19; AND THE EAST 150' OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE SE 1/4 OF SECTION 19. Section 3: Authority of Chairman of Board of County Commissioners The Chairman of the Board of County Commissioners of St. Lucie County is hereby authorized to execute any and all Sublease Agreements or other instruments necessary to effectuate the sale authorized by this Resolution. Section 4: Severability In the event a court of competent jurisdiction shall hold or determine that any part of this resolution is invalid or unconstitutional, the remainder of the resolution shall not be affected and it shall be presumed that the St. Lucie County Board of County Commissioners did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the Board of County Commissioners would have enacted the remainder of this resolution without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. -2- Section S. Effective Date This Resolution shall be effective upon adoption by the Board of County Commissioners for St. Lucie County. After motion and second, the vote on this resolution was as follows: Chair Tod Mowery XXX Vice Chair Frannie Hutchinson XXX Commissioner Chris Dzadovsky X%X Commissioner Paula A. Lewis XXX Commissioner Kim Johnson XXX PASSED AND DULY ADOPTED this day of ATTEST: 2013. BOARD OF COUNTY COMM[ ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: .3- County Attorney Missy Stiadle From: Missy Stiadle Sent: Friday, January 04, 2013 3:36 PM To: Tod Mowery; Suzie Caron; Chris Dzadovsky, Terri Ann Palumbo; Paula Lewis; Barbara Felton; Liz Martin; Frannie Hutchinson; Alfreda Souter; Kim Johnson; Erick Gill; Kelly Phelan; Daniel McIntyre Cc: Missy Stiadle; Ja'net Pentz; Alejandra Matos-Tejada Subject: Pulled Agenda Item - Consent Agenda Item VI-BS Per the County Attorney please pull Agenda Item VI-B5 on the January 8, 2013 Agenda at the Superintendent request. VI-B5 County Attorney School Board of St Lucie County — Referendum Election to Levy a Millage for Operational Needs of the School District Consider staff recommendation to adopt Resolution No. 13-004 and authorize the Chairman to sign the Resolution. Missy Stiadle Executive Assistant to the County Administrator 2300 Virginia Avenue Fort Pierce, FL 34982 (772) 462-1156 (772) 462-2131 stiadlem aostlucieco.org Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and! or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. a AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT) SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [ ] APPROVED [) DENIED [) OTHER: County Attorney ITEM NO. VI-B.5 DATE: January 8, 2012 REGULAR [] PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: Daniel S. McIntyre County Attorney School Board of St. Lucie County - Referendum Election to Levy a Millage for Operational Needs of the School District See attached memorandum Staff recommends that the Board adopt Resolution No.13-004 and authorize the Chairman to sign the Resolution. CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM Review and Approvals County Attorney: Management & Budget Purchasing: Daniel S. McIntyre Originating Dept. Solid Waste Mgr.: County Eng.: Finance; (Check for copy only, if applicable) Eff. 5/96 I INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 12-1502 DATE: December 19, 2012 SUBJECT: School Board of St. Lucie County -Referendum Election to Levy a Millage for Operational Needs of the School District Y#ttiM4444#tiiYiiiiiiiitii4#44##ii♦i#iiiiYti#t##■4tt4##iii#Y##ii#i#t##i#4t#ii■#4• Attached is a copy of a letter dated December 14, 2012 from School Board Attorney Daniel B. Harrell, Esquire, enclosing a copy of a resolution adopted by the School Board of St. Lucie County on December 11, 2012 and "directing" (the term used in the governing statutes) the Board of County Commissioners of St. Lucie County to call a referendum election seeking approval for the levy of 1.00 mill for operational needs of the District for a period of four years as provided in Sections 1011.71(9) and 1011.73(2), Florida Statutes. Attached is a copy of Resolution No. 13.004 which, if adopted, would call a referendum election on March 19, 2013 at the direction of the School Board of St. Lucie County, Florida, in accordance with state law. RECOMMENDATION /CONCLUSION: Staff recommends that the Board adopt Resolution No.13-004 and authorize the Chairman to sign the Resolution. Daniel S. County A DSM/caf Attachments Law Offices of GONANO & HARRELL A PARTNr•RSHIP OF PROFESSIONAL ASSOCIATIONS ATTORNEYS AND COUNSELORS AT LAW TD BANK BUILDING DANIEL B. HARRELL 1600 South Federal Highway, Suite 200 Board Certified In Education Law DOUGLAS E. GONANO Fort Pierce, Florida 34950-5178 email: dhatrell®gh-law.com Board Certified Real Estate Lawyer Telephone (772) 464 - 1032 email: dgonano@gh-law.com Facsimile (772) 464 - 0282 MOLLY L. RoTTrNoHAOS Board Certified In Education Law email: mrottinghaus@gh4aw.com December 14, 2012 Ms. Faye W. Outlaw, MPA County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Re: The School Board of St. Lucie County —Referendum Election to Levy a Millage for Operational Needs of the School District Our File No.: 500-249 Dear Ms. Outlaw: On behalf of the Superintendent of Schools for the School District of St. Lucie County, enclosed please find a certified copy of a resolution adopted by the School Board of St. Lucie County on December 11, 2012, and "directing" (the term used in the governing statute) the Board of County Commissioners of St. Lucie County to call a referendum election seeking approval for the levy of 1.00 mill for operational needs of the District for a period of four years, as provided in Sections 1011.71(9) and 1011.73(2), Florida Statutes. Thank you for your assistance, and please advise if you have any question or require additional information. Sincer ,- 61 Signed ' e uthors absence to avoid delay Daniel B. Harrell Attorney for the School Board of St. Lucie County DBH/mf Enclosure cc: Members, School Board of St. Lucie County Ms. Christine Harrison The Honorable Gertrude Walker Mr. Timothy Bargeron Mr. Michael J. Lannon Mr. Daniel S. McIntyre, Esq. SCH 0500249 FWOutlaw LTR.wpd CERTIFICATE REGARDING RESOLUTION OF THE SCHOOL BOARD OF ST. LUCIE COUNTY, FLORIDA I, MICHAEL J. LANNON, the undersigned Superintendent of Schools and Ex Officio Secre- tary of the School Board of St. Lucie County, Florida ("Board"), DO HEREBY CERTIFY that: Attached hereto is a copy of "A RESOLUTION OF THE SCHOOL BOARD OF ST. LUCIE COUNTY, FLORIDA, DIRECTING THE BOARD OF COUNTY COMMISSION- ERS OF ST. LUCIE COUNTY, FLORIDA, TO CALL A REFERENDUM ELECTION TO DETERMINE IF THE ELECTORS OF THE SCHOOL DISTRICT OF ST. LUCIE COUN- TY, FLORIDA, APPROVE LEVYING 1.00 MILL FOR OPERATIONAL NEEDS OF THE DISTRICT FOR FOUR YEARS; PROVIDING FOR NOTICE OF THE REFERENDUM ELECTION; PROVIDING FOR PLACES OF VOTING, INSPECTORS, AND CLERKS; PROVIDING FOR AN OFFICIAL BALLOT; PROVIDING FOR ABSENTEE VOTING; PROVIDING FOR EARLY VOTING; PROVIDING FOR PRINTING OF BALLOTS; PROVIDING FOR THE REFERENDUM ELECTION PROCEDURE; PROVIDING FOR EXPENSES OF THE ELECTION; PROVIDING FOR PROVISION TO COUNTY COM- MISSION AND SUPERVISOR OF ELECTIONS; PROVIDING FOR SEVERABILITY; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE" adopt- ed at a regular meeting ofthe School Board of St. Lucie County, Florida, duly called and held on De- cember 11, 2012, at which meeting a quorum was present and acting throughout, which resolution has been compared by me with the original thereof as recorded in the Minute Book of said Board and that said Resolution is a true, complete, and correct copy thereof, and said Resolution has been duly adopted and has not been further modified, amended, or repealed, and is in full force and effect on and as of the date hereof in the form attached hereto. IN WIWSS WHEREOF, I have hereunto set my hand and affixed the official seal ofthe Board this _/day of December, 2012. MICHAELJ. KAAWN, 9uperintendentandExOff- cio Secretary of The School Board of St Lucie Coun- ty, Florida f i i STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this Ay of December, 2012, by MICHAEL J. LANNON, Superintendent and Ex Oflicio Secretary of The School Board ofSt. Lucie County, Florida. HeAls personally known to me, or produced and ❑ did,Triake an Oa!- N �A [Notary Seal] _ �— tary Public --State of Florida MNIELB.FWUML Print Name: �74 iFL `t3,ow"W_ F�yEE 28,2015 My Commission Expires: sWWrMTrr+v m=W3Wou E A RESOLUTION OF THE SCHOOL BOARD OF ST. LUCIE COUNTY, FLORIDA, DIRECTING THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, TO CALL A REFERENDUM ELECTION TO DETERMINE IF THE ELECTORS OF THE SCHOOL DISTRICT OF ST. LUCIE COUNTY, FLORIDA, APPROVE LEVYING 1.00 MILL FOR OPERATIONAL NEEDS OF THE DISTRICT FOR FOUR YEARS; PROVIDING FOR NOTICE OF THE REFERENDUM ELEC- TION; PROVIDING FOR PLACES OF VOTING, INSPECTORS, AND CLERKS; PROVIDING FOR AN OFFICIAL BALLOT; PROVIDING FOR ABSENTEE VOTING; PROVIDING FOR EARLY VOTING; PROVIDING FOR PRINTING OF BALLOTS; PROVIDING FOR THE REFERENDUM ELECTION PROCEDURE; PROVIDING FOR EXPENSES OF THE ELECTION; PROVIDING FOR PROVISION TO COUNTY COMMIS- SION AND SUPERVISOR OF ELECTIONS; PROVIDING FOR SEVER - ABILITY; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE BE IT RESOLVED by The School Board of St. Lucie County, Florida ("Board'), acting as the governing body of The School District of St. Lucie County, Florida ("District"), as fol- lows: SECTION 1. AUTHORITY FOR RESOLUTION. This Resolution is adopted pursu- ant to Sections 1011.71(9) and 1011.73(2), Florida Statutes, and other applicable provisions of law. SECTION 2. FINDINGS. The Board hereby finds and determines as follows: A. All School Boards in the State of Florida, including this Board, have experienced drastic funding reductions in recent years while operating expenses continue to rise. B. In the School District of St. Lucie County, currently recognized operating revenue losses from the 2007-2008 fiscal year to the 2012-2013 fiscal year are equivalent to a per pupil decrease of approximately 9.4 percent in total operating funding, and a decline of $25 million in total operating revenues. Substantial additional reductions are anticipated for the 2013-2014 and subsequent fiscal years. C. As authorized by Section 1011.71(3)(b), Florida Statutes (2010) (repealed by Ch. 2011-55, § 36, Laws of Fla.), this Board levied an additional 0.25 mills for critical operating needs of the District ("Critical Needs Millage") during the 2009-2010 and 2010-2011 fiscal years in an effort to preserve critical operations of the District while enduring declining state revenues. With the approval of the electors of the District at a referendum held as provided in Section 1011.71(3)(b), Florida Statutes (2010) (repealed), this Board also levied the Critical Needs N illage during the 2011-2012 and 2012-2013 fiscal years. SCH 0500001 Op'g Mill Ref 2013 RES (VS).doc D. The Critical Needs Millage generated over $16 million in revenue to meet the critical operating needs of the District in the 2009-2010 through 2012-2013 fiscal years, or ap- proximately $4 million per fiscal year. Therefore, without the Critical Needs Millage, the Dis- trict's decline in total operating revenues would have inflated to over $29 million. E. Authority for a referendum requesting approval to continue the Critical Needs Millage past the 2012-2013 fiscal year has been repealed, and therefore this Board must either (i) make severe cuts to its operating budget, requiring the elimination of programs and positions, and preventing salary increases for teachers and other employees, or (ii) seek approval of the electors for the levy of an additional 1.00 mill for operational needs of the District for a period of four years, as authorized by Section 1011.7] (9), Florida Statutes ("Operational Millage"). F. Subject to approval by the electors of the District at a referendum held as provid- ed in Sections 1011.71(9) and 1011.73(2), Florida Statutes, the Operational Millage shall be lev- ied for operational needs of the District for a period of four fiscal years, commencing July 1, 2013, and ending June 30, 2017. SECTION 3. LEVY OF OPERATIONAL MILLAGE. Subject to approval by the electors of the District at a referendum held as provided in Sections 1011.7](9) and 1011.73(2), Florida Statutes, an additional 1.00 mill shall be levied within St. Lucie County for operational needs of the District for a period of four fiscal years, commencing July 1, 2013, and ending June 30, 2017, in an effort to preserve critical operations of the District while enduring declining state revenues. SECTION 4. REFERENDUM ELECTION SOUGHT. As provided in Section 1011.71(9), Florida Statutes, this Board directs the Board of County Commissioners of St. Lucie County, Florida ("County Commission"), to call a referendum election to be held in the District on March 19, 2013, to detennine whether or not an additional 1.00 mill shall be levied within St. Lucie County for operational needs of the District for a period of four fiscal years, commencing July 1, 2013, and ending June 30, 2017, SECTION 5. NOTICE OF REFERENDUM ELECTION. The Superintendent is hereby authorized and directed to place a notice of the referendum election in a newspaper of general circulation published in the District. The publication shall be made at least 30 days prior to the referendum and shall be made at least twice, once in the fifth week and once in the third week prior to the week in which the referendum is deemed to be held. The notice of referendum shall be in substantially the form provided in the attached Exhibit A. This Resolution shall be published as a part of such notice. SECTION 6. PLACES OF VOTING; INSPECTORS AND CLERKS. The polls will be open at the voting places on the date of the referendum election from 7:00 am. until 7:00 p.m. All qualified electors residing within the District shall be entitled and permitted to vote at the referendum election on the proposition provided in this Resolution. The places of voting and the inspectors and clerks of the referendum election shall be those designated by the Supervisor of Elections of St. Lucie County, Florida ("Supervisor of Elections"), in accordance with the provi- SCH 0500001 Op'g MITI Ref 2013 RES (VS).dm sions of Chapters 97 through 106, Florida Statutes ("Florida Election Code'), and other applica- ble law. SECTION 7. OFFICIAL BALLOT. As required by Section 1011.73(4)(b), Florida Statutes, this Board provides that the ballots to be used in the referendum election shall contain a statement relating to the levy of 1.00 mill for operational needs of the District for a period of four fiscal years, commencing July 1, 2013, and ending June 30, 2017, and shall be in substantially the following form: OFFICIAL BALLOT School District of St. Lucie County, Florida Referendum Election — March 19, 2013 REFERENDUM REGARDING LEVYING FOR FOUR YEARS 1.00 MILL FOR OPERATIONAL NEEDS OF SCHOOL DISTRICT Shall the School District of St. Lucie County levy an additional 1.00 mill for operational needs of the District, including preserving programs and positions and providing salary increases for teachers and other employees, for four fiscal years beginning July 1, 2013, and ending June 30, 2017? YES = FOR additional 1.00 mill for School District for four years NO = AGAINST additional 1.00 mill for School District for four years SECTIONS. ABSENTEE VOTING. Adequate provision shall be made for absentee voters. The form of ballots to be used in the referendum election for absentee voters shall be the same as used in the polling places for the election. SECTION 9. EARLY VOTING. Adequate provision shall be made for early voting in accordance with the Florida Election Code and other applicable law. The form of ballots to be used in the referendum election for early voting shall be the same as used in the polling places for the election. SECTION 10. PRINTING OF BALLOTS. The Supervisor of Elections is authorized and directed to have printed on plain white paper a sufficient number of the ballots for use of ab- sentee electors and early voters entitled to cast ballots in the referendum election; to have printed sample ballots and deliver the sample ballots to the inspectors and clerks on or before the date and time for opening of the polls for the referendum election; and to make appropriate arrange- ments for the conduct of the election at the polling places specified. SECTION 11. REFERENDUM ELECTION PROCEDURE. The Supervisor of Elections shall hold, administer, and conduct the referendum election in the manner prescribed SCH 05000010p'S Mill Ref 2013 RES )V5).&c by the Florida Election Code and other applicable law for holding elections in the District. Re- turns shall show the number of qualified electors who voted at the referendum election on the proposition and the number of votes cast respectively for and against approval of the proposition. The returns shall be canvassed in accordance with law. SECTION 12. EXPENSES OF ELECTION. As provided in Section 1011.73(7), Flor- ida Statutes, the cost of the publication of the notice of the election and all expenses of the elec- tions shall be paid by this Board. SECTION 13. PROVISION TO COUNTY COMMISSION AND SUPERVISOR OF ELECTIONS. The Superintendent of Schools is hereby authorized and directed to provide certified copies of this Resolution to the County Commission and the Supervisor of Elections in order to memorialize this Board's determination to secure a referendum election seeking approv- al of the electors for the levy of the Operational Millage. SECTION 14. SEVERABILITY. In the event that any word, phrase, clause, sentence, or paragraph of this Resolution shall be held invalid by any court of competent jurisdiction, such holding shall not affect any other word, clause, phrase, sentence, or paragraph. SECTION 15. REPEALING CLAUSE. All Resolutions in conflict or inconsistent with this Resolution are repealed insofar as there is conflict or inconsistency. SECTION 16. EFFECTIVE DATE. This Resolution shall take effect immediately up- on its adoption. SCH 05000010p'g MITI Ref 2013 RES (V5).doc ADOPTED at a Regular Meeting of the School Board of St. Lucie County, Florida, the I Ph day of December, 2012, with a quorum present and voting. SCHOOL BOARD OF ST. LUCIE COUNTY, FLORIDA By: /" [SEAT-] Deborah A. Hawley, Chair 11 ATTEST: Michael J. �ant� , Superintendent of Schools and ix Officio Secretary to the School Board of St. Lucie County, Florida APPROVED AS TO FORM AND B. Harrell, Attorney \ Board of St. Lucie County, Florida SCH 0500001 Op'g MITI Ref 2013 RES (VS).doc 5 EXHIBIT A NOTICE OF REFERENDUM ELECTION IN THE SCHOOL DISTRICT OF ST. LUCIE COUNTY, FLORIDA, ON MARCH 19, 2013 NOTICE 1S HEREBY GIVEN THAT A REFERENDUM ELECTION will be held on March 19, 2013, in the School District of St. Lucie County, Florida, for the purpose of deter- mining whether or not the electors in the School District approve the levy of 1.00 mill for opera- tional needs of the District for four fiscal years, commencing July 1, 2013, and ending June 30, 2017; all as more specifically described and provided in a Resolution of the School Board of St. Lucie County, Florida, adopted December 11, 2012, and published below. The polls will be open at the voting place on the date of the referendum election from 7:00 am. until 7:00 p.m., absentee voting will be available for the referendum election, and early voting will in accordance with the Florida Election Code and other applicable law, all as provid- ed in the Resolution published below. All qualified electors residing within the School District shall be entitled, qualified, and permitted to vote at the referendum election. [Insert form of Resolution] SCHOOL BOARD OF ST. LUCIE COUNTY, FLORIDA Deborah A. Hawley, Chair SCH 050=1 Op'g Mill Ref 2013 RES (VS).dm RESOLUTION NO.13-004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, CALLING A REFERENDUM ELECTION ON MARCH 19, 2013, AT THE DIRECTION OF THE SCHOOL BOARD OF ST. LUCIE COUNTY, FLORIDA, TO DETERMINE IF THE ELECTORS OF THE SCHOOL DISTRICT OF ST. LUCIE COUNTY, FLORIDA, APPROVE LEVYING 1.00 MILL FOR OPERATIONAL NEEDS OF THE DISTRICT FOR FOUR YEARS A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida ("Board") has made the following determinations: 1. This Resolution is adopted pursuant to Sections 1011.73.(2), Florida Statutes, and other applicable provisions of law. 2. On December 11, 2012, the School Board of St. Lucie County, Florida, adopted a Resolution directing this Board to call a referendum election on March 19, 2013 to determine if the electors of the School District of St. Lucie County, Florida ("School District') and approve levying 1.00 mill for operational needs of the School District for four years. A copy of the School Board Resolution is attached to this Resolution as Exhibit "A." NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. REFERENDUM ELECTION CALLED. As provided in Section 1011.71(9), Florida Statutes, this Board calls a referendum election to be held in the School District on March 19, 2013, to determine whether or not an additional 1.00 mill shall be levied within St. Lucie County for operational needs of the School District for a period of four fiscal years, commencing July 1, 2013, and ending June 30, 2017. 2. NOTICE OF REFERENDUM ELECTION. The Superintendent of the School District will place a notice of the referendum election in a newspaper of general circulation published in the District. The publication shall be made at least 30 days prior to the referendum and shall be made at least twice, once in the fifth week and once in the third week prior to the week in which the referendum is deemed to be held. 3. PLACES OF VOTING; INSPECTORS AND CLERKS. The polls will be open at the voting places on the date of the referendum election from 7:00 a.m. until7:00 p.m. All qualified electors residing within the District shall be entitled and permitted to vote at the referendum election on the proposition provided in this Resolution. The places of voting and the inspectors and clerks of the referendum election shall be those designated by the Supervisor of Elections of St. Lucie County in accordance with the Florida Election Code and other applicable law. 4. OFFICIAL BALLOT. As required by Section 1011.73(4)(b), Florida Statutes, the ballots to be used in the referendum election shall contain a statement relating to the levy of 1.00 mill for operational needs of the District for a period of four fiscal years, commencing July 1, 2013, and ending June 30, 2017, and shall be in substantially the following form: OFFICIAL BALLOT School District of St. Lucie County, Florida Referendum Election - March 19, 2013 REFERENDUM REGARDING LEVYING FOR FOUR YEARS 1.00 MILL FOR OPERATIONAL NEEDS OF SCHOOL DISTRICT Shall the School District of St Lucie County levy an additional 1.00 mill for operational needs of the District, including preserving programs and positions and providing salary increases for teachers and other employees, forfourfiscal years beginning July 1, 2013, and ending June 30, 20177 YES = FOR additional 1.00 mill for School District for four years T NO = AGAINST additional 1.00 mill for School District for four years 5. ABSENTEE VOTING. Adequate provision shall be made for absentee voters. The form of ballots to be used in the referendum election for absentee voters shall be the same as used in the polling places for the election. 6. EARLYVOTING. Adequate provision shall be made for earlyvoting in accordance with the Florida Election Code and other applicable law. The form of ballots to be used in the referendum election for early voting shall be the same as used in the polling places for the election. 7. PRINTING OF BALLOTS. The Supervisor of Elections of St. Lucie County is authorized and directed to have printed on plain white paper a sufficient number of the ballots for use of absentee electors and early voters entitled to cast ballots in the referendum election; to have printed sample ballots and deliver the sample ballots to the Inspectors and clerks on or before the date and time for opening of the polls for the referendum election; and to make appropriate arrangements for the conduct of the election at the polling places specified. 8. REFERENDUM ELECTION PROCEDURE. The Supervisor of Elections of St. Lucie County shall hold, administer, and conduct the referendum election in the manner prescribed by the Florida Election Code and other applicable law for holding elections in the School District. Returns shall show the number of qualified electors who voted at the referendum election on the proposition and the number of votes cast respectively for and against approval of the proposition. The returns shall be canvassed in accordance with law. 9. PAYMENT OF COSTS. As provided in Section 1011.73(7), Florida Statutes, the cost of the publication of the notice of the election and all expenses of the elections shall be paid bythe School District. 10. SEVERABILITY. In the event that any word, phrase, clause, sentence, or paragraph of this Resolution shall be held invalid by any court of competent jurisdiction, such holding shall not affect any other word, clause, phrase, sentence, or paragraph. 11. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. 12. COPIES. Upon adoption, the County Administrator is directed to provide a copy of this Resolution to the Supervisorof Elections of St. Lucie County and the Superintendent of the School District. After motion and second, the vote on this resolution was as follows: Chairman Tod Mowery Vice Chair Frannie Hutchinson Commissioner Chris Dzadovsky Commissioner Paula A. Lewis Commissioner Kim Johnson PASSED AND DULY ADOPTED this ATTEST: Deputy Clerk day of 2013. BOARD OF COUNTY COMMISSIO ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Revocable License Agreement DHS VC II, LLC 2838 South U.S. Hwy 1 Ground Sign BACKGROUND: See an attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A ITEM NO. VI-66 DATE: January8, 2013 REGULAR[] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [x] I:1t44-7:11019a011:l'E JoAnn Riley Property Acquisition Manager RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct DHS VC 11, LLC to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED [ ] OTHER Faye W. Outlaw, MPA County Administrator, ICMA-CM Q/,(� Review and Approvals �(� [x] County Attorney: 6 [x] Road and Bridge: [x] Public Works: MJ r�W Daniel McIntyre Don Pauley Don West [x] Originating Dept: �I'"�' [x] Engineering: Mt [x] County Surveyor: my t�✓ ,� 60 JoAnn Riley Mike Powley Ron Harris PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: 1oAnn Riley, Property Acquisition Manager DATE: January 8, 2013 SUBJECT: Revocable License Agreement DHS VC II, LLC 2838 South U.S. Hwy 1 Ground Sign BACKGROUND: DHS VC II, LLC is requesting to install a ground sign for Virginia College, on a 59-ft. strip of property owned by the County located on the east side of U.S. Hwy 1 north of Edwards Road and north of the Coral Cove Shopping Center. The sign will be located on a 59-ft. strip of County property on the east side of U.S. Hwy 1 adjacent to their property. The location of the sign and diagram are attached. The sign will be permitted through the City of Fort Pierce. DHS VC II, LLC needs permission to be on County property through a Revocable License Agreement. They will be installing landscaping, irrigation and electric also on County property to City of Fort Pierce Code. Attached is the sketch of the sign along with the Revocable License Agreement for your review and approval. RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct DHS VC II, LLC to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. Respectfully submitted, U." nn Riley Property Acquisition Manager 502 2 2739 ---AZALEAAVE -_-_ 501 A 2903 41740672777 PA M AVE 501 A 2817 2825 404 1XORIAAVE 405 2829 2835 3019 HOLLY AVE- 501 2919 2915 z 2921 2925 2931 2 2939 504 502 2945 Y947 504 3045 3047 101- 107 426 404 703 724 0. 805 801 707 726 926 tip 'I " 728 905 924 8� 8 824 822 _ •_- 2750 n n 922 901 1001 1022 I, 1122 1126 1222 1226 11005 1024 1322 1326 2802 1026 �' 1101 1107 1201 1205 1301 1305 GRAND Cl U0 BLVD 2806 C2 2806 C3 2806 C5 2806 C6 2814 D1 2814 D6 2814 D9 2810 2818 E3 2818 E5 2818 E7 2818 E8 2822 2838 2900 2912 2998 2936 2932 2924 2920 3006 3010 3012 3016 3018 3022 26 28 30 20 22 240, „ 3028 �t+ 16 18 s��gt�„8 14 ,SORENDIPITYAVE 12 _-_ — This instrument prepared by: Janet LiCausi under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT made and entered this day of 2013, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and D138 VC H, LLC, whose address is 713 Belrose Avenue, Daphne, AL 36526. (DHS). WHEREAS, DHS desires to install a sign, landscaping and irrigation system in the County right- of-way contiguous to their property. The sign, landscaping, irrigation system and any electric utilities needed for the sign will be solely maintained by I)HS. WHEREAS, DHS has requested that they be allowed to installa sign, landscaping; irrigation system and electric, if needed, as shown on attached Exhibit "A". The sign will be 25 ft, x 12 ft, as shown on Exhibit `B." Ground Signs shall have a landscaped area around its base which extends a minimum distance of three (3) feet in all directions. Such landscaped area shall be completely covered by ground cover and shrubs, hedges or similar vegetative materials. Vegetation in the area surrounding said sign shall be maintained at a height of less than twelve (12) inches. With this landscaping requirement, the applicant must maintain the landscaping; therefore irrigation may be necessary depending upon the species planted. As far as the electrical lines, they will need to have any electrical contractor advice on the placement and utilization of electrical lines for each sign. WHEREAS, the County has agreed to allow the installation of the sign, landscaping, irrigation system and electric, if needed, in the County's right-of-way, subject to the terms and conditions set forth in this Revocable License Agreement. 1 NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the patties agree as follows: 1. The County agrees to grant DHS a Revocable License Agreement for the purpose of installing and maintaining a sign, landscaping, irrigation system and electric, if needed; in the County's right-of-way along DHS's property frontage. DHS will install, maintain, weed, mow, plant, irrigate and install the sign, subject to the terms and conditions set forth in this Revocable License Agreement. St. Lucie County Environmental Resources encourages, DHS to utilize native, drought -tolerant species. The Florida Yards and neighborhoods Florida -Friendly Plant database is a good resource for locating these types of plants.(littp://www.floridayards.org/fyplants/index.php) DHS will work closely with St. Lucie County Environmental Resources regarding: (1) exact proposed sign locations relative to exact existing tree locations, (2) a discussion regarding impacts that may occur to the existing trees, (3) a discussion of measures to avoid and minimize damage to the existing tree roots during ground disturbance related to sign installation and landscaping installation, (4) a discussion of proposed tree trimming methodologies, (5) a plan showing proposed landscaping (species, sizes, and locations). This license shall extend only to the above -referenced landscaping and irrigation system, sign and electric, if needed, and shall not extend to the construction and/or installation of any additional structures or utilities. 2. The sole purpose of this Revocable License Agreement is to allow DHS to install a sign, landscaping, irrigation and electric, if needed, in the Iodation identified in Exhibit "A'. 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes DHS to install a sign, landscaping, irrigation and electric, if needed, in this location as identified in Exhibit "N'. 4, DHS shall install and maintain the landscaping, irrigation system and the sign in accordance with the Standard Specifications for Public Works Construction in St. Lucie County, Florida, City of Ft. Pierce and FDOT Standards. DHS shall also provide a Maintenance of Traffic Plan to the 2 County for approval prior to construction and provide notice to the County Engineer and Road and Bridge Department with a schedule for construction. 5. This Revocable License Agreement shall be binding on future successors and assignees of DHV, provided DRS gives adequate notice to the County pursuant to Paragraph Eleven (11) of this Agreement. 6. The County shall have the right, at the sole discretion of the County Engineer or Road and Bridge Manager, to terminate this Agreement with or without cause and require removal of the encroachment at DRS sole expense upon ninety (90) days written notice to DRS. The County Engineer or Road and Bridge Manager may, in lieu of termination, request DRS perform certain alterations at DRS sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer or Road and Bridge Manager, the County shall be entitled to exercise its right to terminate this Agreement. The term of this Revocable License Agreement shall begin on the date first above written and shall remain in effect unless otherwise revoked or abandoned as provided herein. 8. DRS agrees to relocate the referenced encroachments, at any time and at no cost to the County, if necessary for the maintenance or improvements of U. S. Highway One. 9. The landscaping, irrigation system and sign in the County's right-of-way shall be constructed in accordance with all applicable building codes and permitting regulations of the County, and City of Ft, Pierce and shall be maintained solely at the expense of DRS. Any maintenance activity will be subject to the written approval of the County Engineer and/or Road and Bridge Department. 10. DRS agrees to allow County employees access to the location of the encroachments for County purposes as determined by the County Engineer and/or the Road and Bridge Department. l 1. All notices, request and other communications dealing directly or indirectly with this license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid)return receipt requested, address to: 3 As to County: County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 As to Owner: DHS VC 11, LLC. 713 Belrose Ave Daphne, AL 36526 With Copies to: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 or to such other address as any party may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery; (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 12. As consideration for the County granting this Revocable License Agreement, DHS agrees to indemnify and hold the County harmless from and against all claims, liability; demands, damages, expenses; fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or its' agents, servants, employees, patrons, or invitees, or resulting in injury to persons: or property, or loss of life or property of any kind or nature whatsoever, sustained during DHS use of the property. 13. The County shall promptly record this Revocable License Agreement in the Official Records of St. Lucie County, Florida. DHS shall pay any document excise taxes and the cost of recording this Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written, 112 ATTEST: DEPUTY CLERK STATE OF Al 47A"'rAl COUNTY OF VU ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS CHAIRMAN APPROVED AS TO FORM AND wo m COUNTY ATTORNEY (CORPORATE SEAL) The foregoing instrument was acknowledged before me this day of C OtA& v' 2() iM1W` 1'3> by _ 1 f �Y as 'V ;t d of DHSdVC�{YII, LLC, and produced a Cl (type of identification) and who did take an oath. WITNESS my hand and official seal, this day of I,/t �(tyt i L A.D., 2013- My Commission Expires f%, it^, my cmadaaion 39 A ` # 201, . Signature of Notary Public AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-13-7 DATE: January 8, 2013 REGULAR[ ] PUBLIC HEARING[ ] CONSENT [X] PRESENTED BY: SUBMITTED BY (DEPT).- County Attorney Mark Godwin Criminal Justice Coordinator SUBJECT: Request to have the Board accept the donation of a used Sheriff's Department vehicle, and that it be added to the fixed assets of the County. BACKGROUND: Please see attached Memorandum CA No. 12-1503. FUNDS AVAIL: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board accept the donation of the Sheriff's Department vehicle for the Pre-trial Program. COMMISSION ACTION: CONCURRENCE: []APPROVED (]DENIED [ ] OTHER: Faye W. Outlaw, MPA County Administrator, ICMA-CM Review and Approvals Assn, [X] County Attorney: [x] Management &Budget: Dan McIntyre Ka�un'�. 4w.7��e , �p Marie Gou irector Patty Marston, Analyst r` Desiree Cimino, Procurement [X] Clerk of Court Shai Franci , inance Director County Attorney MEMORANDUM12-1503 TO: Board of County Commissioners THROUGH: Daniel S. McIntyre, County Attorney FROM: Mark J. Godwin, Criminal Justice Coordinator DATE: January 8, 2013 SUBJECT: Request to have the Board to accept the donation of a used Sheriff's Department vehicle, and added to the fixed assets of the County. ITEM NO. VI B 7 Background: On December 18, 2012, the Sheriff's Office donated a 2004 Ford sedan to the Pretrial Program. The retail value of this vehicle, according to Kelly Blue Book, is listed at $3,072.00. The St. Lucie County Pretrial Program made over 9,000 field/residence checks in the 2011/2012 Fiscal Year. The program has two (2) trucks and a sedan currently assigned to the field staff. Recently, the Pretrial Program lost the use of one of the vehicles when it was involved in an accident and totaled by the County's insurance adjuster. The Pretrial Program is very appreciative of the Sheriff's generosity. This is the second vehicle donated by the Sheriff in the past year. Recommendation: Staff recommends that the Board accept the donation of the Sheriff's vehicle to the Pretrial program, and that the vehicle will be added to the fixed assets of the County. Respectfully submitted, Mark Godwin Criminal Justice Coordinator 2004 1 FORD ST LUCIE COUNTY SHERIFF'S OFFICE 4700 WEST MIDWAY ROAD FORT PIERCE FL 34981-4825 MAIL TO: ST LUCIE COUNTY SHERIFF'S OFFICE 4700 WEST MIDWAY ROAD FORT PIERCE FL 34981-4825 IIII'al'III I1�a1'it'llll'll'll"IIIIIIIIIIII'1"las l'lll al'lll ■ OF OWNERSHIP HAVVIA: L DESCRIBED BELOW IS A12285 BODY VESSEL REGIS. NO. L 4D 4021 90448762 DATE OF ISSUE + 05/06/2004 LIEN RELEASE INTEREST IN THE ABOVE DESCRIBED VEHICLE IS HEREBY RELEASED TITLE DATE I F ! IDENTIFICATION NUMBER YR ':MAKEt':=-- M60EI '`-0 - VE5EE4 REG15` - '.; f. TITLE- MBER 2FAFP71WS4X154243 \ 2004 FORD 40 '- 4020 - 80448702 PREV STATE COLOR PRIMARY BRAND SECONDARY BRAND NO �OF BRANDS USE PREY ISSUE DATE N WHI POLICE :2r,:,F �:'.= :e. �: .:4=:i'A.4I PVT ODOMETER STATUS OR VESSEL MANUFACTURER OR ON USE 1 - 71U1h ML�TFRIAL .:. _ POOP. 12 MILES 04/28/2004 ACTUAL s� s .!b6J05/2004.-.,. REGISTERED -OWNER ST LUCIE COUNTY SHERIFF'S OFFICE LIEN RELEASE-' 4700 WEST MIDWAY ROAD INTEREST IN.THE.48OVE DESCRIBED VEHICLE IS FORT PIERCE FL 34981-4825 '= tP ?<i ..9EREBv REL,FASED.. fP BY 1 TITLE DATE 1ST LIENHOLOER -; r NONE DIVISION OF MOTOR VEHICLES TALLAHASSPB- FLORIDA �r;+' ;.,;DEPARTMENT OF HIGHWAY: SAFETY - '`,'; ,•?:A,INDMfYC�TR•.VBHH;I+ES •. : F a CARL A. FORD .. _. .. _-_ Col6ml N(w yLT 5 l_ j .IAEO o DICI'\OISOW Dift1:CTOR IY• Y t,L+ E F- r 6itECUT1VE bIRECTOII, /- TWSFER OF TrBY SEUIDI, hi. tUen �mpdf be co ejleied t U.'ggm'�ef $00 ODOMETER CERTIFICATION - Fad...I and nna Isw req.k. hot Va. ebb the mi Gsp. In contends. with' the Nana�.r of wn.rahip. FsOura m -- complete .r providing a Islas statement may reach in fines and/or Imprisonment This 611E is wernnled and certlli.d to ba free from any team rtcept.a noted on the foam -of i IAIs ;s07R at . and . waL H the at., VOW. er.4....!bad hereby transferred to Fs�.. r Furthest,. - iYddyfi . 4: 4j,+•,Sd V.Wa .1e1t that Ihb� 6 or 8 digll edomslar now .ad. ❑❑ O.bb® Ito tsnthd ...... d: mllu, date red�__JJand to 1he beat of y koowl.dpe CAUTION: 1, Y.hareby notify that to the beat of my knowledge the adomator reading reflects the Nat it .lima the aoNe el tb vehicle dnerload It ... I., ..leas 00 NOT CHECK amount of all.... in ..eta o1 Its mechanical IIm11s, on. of the odometer statement blocks is chocked. BO% vTF ACTUAL 2.., luh.1.by., .gHy Raµet N. edomots, reading . Its 1, i..iv...c.. Q.'gnu, UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE SlSnemn of i . Signstum o Ce-P.mh... 'I ... mn o1 S.Iler W S'pnemre of Co-S.11.n IMTo. APPIIa.w.l Selling Dealer's License Number: Aucdo. Nome _ :UlAENf:;ANQ"THAT THE FACTS.STATE4:,IN`;IT pRE TRUE ` t ... PrintedNameof ^• - /^ Sells,: Printed Name of - Ce-S.Iler. To. H . To. Cdtt cl.d: $ Li..nn N.mbao Y ,r AGENDA REQUEST ITEM NO. VI-Cl DATE: 01/08/13 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (XX) 7Q; BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Ben DeVries ,nll SUBMITTED BY: Administration — TC Research Park Executive Director SUBJECT: Award of Bid No. 13-005 Infrastructure Project — Phase I Stage 1 BACKGROUND: See attached memorandum FUNDS AVAILABLE: 316-3716-563000-093610 Capital Infrastructure - $1,295,318 001-3716-563000-093610 General Fund Infrastructure (Trees)- $240,000 101006-3716-563000-093610 Transportation Trust Fund (Road Improvements) - $220,000 Mar. 11, 2012 —Bid 12-019 Invitation to Bid published June 1, 2012 — Bids opened Aug. 7, 2012 — BOCC approval to reject all bids and re -advertise (Item No. w-G attchd.) Oct. 14, 2012 — Invitation to Bid re -advertised (Bid 13-005) Nov. 16, 2012 — Bids opened RECOMMENDATION: Board approval to award Bid No. 13-005 TC Research Park Infrastructure Improvements Phase I - Stage 1 to the lowest responsive bidder, Dickerson Florida, Inc., in the bid amount of $1,595,300 for the base bid and all alternates before contingency as follows: base bid and alternates B,D,E; alternates A and C contingent upon funding availability after contingency, and authorization for the Board Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER County Attorney ( ) Originating Dept. ( ) ti Or- Danz McIntt yre �ries Faye W. Outlaw, MPA County Administrator OMB Director Budget Analyst Purchasing ( 1 �arieGouin P fy Marston Desiree Cimino Administration - Treasure Coast Research Park MEMORANDUM TO: Board of County Commissioners FROM: Ben DeVries, Executive Director 11 DATE: January 8, 2013 riW SUBJECT: Award of Bid No. 13-005 Infrastructure Project — Phase I Stage 1 ITEM NO. VI-Cl On November 16, 2012, submittals to Bid No. 13-005 Treasure Coast Research Park Infrastructure Improvements Phase I Stage I were opened. Four bids were received; 720 companies were notified and 57 bid documents were distributed. Bid No. 13-005 was bid in accordance with Local Preference Ordinance No. 09-005 and the Apprenticeship Program. Prevailing wage is not applicable to this project. The Research Park is in the infrastructure phase for the development of Quad A, Phase I - Stage I. Bid No. 13-005 includes infrastructure improvements include storm water retention, Pruitt Research Road improvements and driveway, landscaping and public spaces. Dickerson Florida, Inc. was the lowest bidder of the four responsive bids received. Board approval to award Bid No. 13-005 TC Research Park Infrastructure Improvements Phase I - Stage 1 to the lowest responsive bidder, Dickerson Florida, Inc., in the bid amount of $1,595,300 for the base bid and all alternates before contingency as follows: base bid and alternates B,D,E; alternates A and C contingent upon funding availability after contingency, and authorization for the Board Chair to sign documents as approved by the County Attorney. Q N U s L R i n O W U W 1` V.0 b 0 ZZQ 4, O ry ap K N p ZO N p f9 e9 0 K O F m z z w 0 0 0 U Z 1- N' o F k m o = f O N J IL N m O O m kl N o O o W N h 0 O F W Z O 2 Z � F w W m N M 0 O O U m O o Y W W LL O N n U U". O 0 O r z z ❑ NU:.LL N nN Y V LL N N O p� O 0 LL N 4 O O z O � m z ❑ O N N m O F c L^^ = E II E m v n v ' p O m O ¢ E a a a o J 3 E 'm E Q Q w E ymj ~ 9 m g II � 'R II d 11 fyy f II N y II y m W W F o .III 0 m F F x F c IQ- W a 6 Q 0 Q 11 v a m o o= o o a Jn Q m m Q O O f a Q m F' a II m6 O U`aa ma mK m m O 022 o i i a o a o oP O a 90W. Wa O O O m mNK O a E wm m.= O wj w€ 1y�. w `m w E F c wwwwa<zm?B M u� m r r r z O Q¢ Q J J J = J O a qw o 9 m W W W W w w w W m W W c w W w- c W N h w y 'o VI p N N N N LL N N m m E a LL E z i 0 O I? 0 O z Z Z 9 O O Q O c 0 z 0 a O c O Q 0 Z O .. IL O 0 Il O 0 IL O O 0 0 IL 0 O IL O 0 IL IL O LL O O LL tli [) o ui S -i `1 J i O n. d K 0 O w $ � a AGENDA REQUEST ITEM NO. VI-C2 DATE: 01/08/13 7x19SL PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ( j Ben D. DeVries SUBMITTED BY: Administration — TC Research Park Executive Director SUBJECT: Construction Engineering and Inspection (CEI) Services and Materials Testing BACKGROUND: See attached memorandum FUNDS AVAILABLE: 316-3716-563005-093610 Infrastructure — Consulting Engineer PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of Work Authorization No. 3 with Dunkelberger Engineering and Testing, Inc., in an amount not to exceed $62,635 for engineering services of Phase 1A improvements associated with Bid 13-005 at the Treasure Coast Research Park and authorization for the Board Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Si anatures County Attorney ( ) OMB Director ( ) `iSt� 4�1 Budget Analyst Dan McIntyre Originating Dept. ( ) Purchasing ( ) B DeVries Administration — Treasure Coast Research Park MEMORANDUM TO: Board of County Commissioners FROM: Ben D. DeVries, Executive Director IV DATE: January 8, 2013 �Wh SUBJECT: Construction Engineering and Inspection (CEI) Services and Materials Testing ITEM NO. VI-C2 Background: On November 16, 2012, submittals to Bid No. 13-005 Treasure Coast Research Park Infrastructure Improvements Phase I Stage I were opened. Four bids were received; 720 companies were notified and 57 bid documents were distributed. Bid No. 13-005 was bid in accordance with Local Preference Ordinance No. 09-005 and the Apprenticeship Program. Prevailing wage is not applicable to this project. The Research Park is in the infrastructure phase for the development of Quad A, Phase I - Stage I. Bid 13-005 will be awarded to the lowest bidder, Dickerson Florida, Inc. with the Board's approval. Work Authorization #3 will provide for a senior engineering technician onsite for an average of six hours per day for 160 working days to perform construction observations, sampling and testing. Please refer to the attached proposal from Dunkelberger Engineering and Testing, Inc., for the specific details of their proposal for professional services. Board approval of Work Authorization No. 3 with Dunkelberger Engineering and Testing, Inc., in an amount not to exceed $62,635 for engineering services of Phase 1A improvements associated with Bid 13-005 at the Treasure Coast Research Park and authorization for the Board Chair to sign documents as approved by the County Attorney. WORK AUTHORIZATION NO. 03 CONTRACT C09-08-289 FOR CONTINUING PROFESSIONAL CONSTRUCTION MANAGEMENT SERVICES THIS WORK AUTHORIZATION is made as of the _ day of 2012 by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and DUNKELBERGER ENGINEERING & TESTING, INC., hereinafter referred to as the "Consultant". WITNESSETH: WHEREAS, on June 23, 2009, the COUNTY entered into a Consulting Agreement (Contract No. C09-08-289), hereinafter referred to as "Contract' with the CONSULTANT to provide continuing professional construction management services; and, WHEREAS, pursuant to the Contract, the CONSULTANT is to provide the professional services as outlined in this individual work authorization; and, NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: 1. PROJECT: The COUNTY has determined that it would like to complete a project described below: Treasure Coast Research Park — Phase 1 Improvements Engineering Services —Construction Inspection and Materials Testing (hereinafter referred to as "the Project'.) 2. SERVICES: The COUNTY has determined that it would like to utilize the services of the CONSULTANT in the completion of the Project, to provide professional engineering services for the Project under the pricing, terms and conditions of the continuing contract (C09-08-289). The services to be provided by CONSULTANT on the Project shall be for those as outlined in the Scope of Services attached hereto as Page 1 of 3 Exhibit "A" and according to the schedule attached hereto as Exhibit "B" which are attached hereto and made a part of this work authorization and incorporated herein. 3. CONSTRUCTION COSTS: The construction costs of the Project for which the CONSULTANT will render the Professional Services are estimated by the COUNTY not to exceed $2,000,000 or any other costs or fees as otherwise described under the "Consultants Competitive Negotiation Act", (CCNA). 4. COMPENSATION: The cost to perform all services as described in the attached Scope of Services shall be billed on an hourly basis, and shall not exceed a total amount of $62,635.00 (sixty-two thousand six hundred thirty-five and 00/100 dollars) as further detailed in Exhibit "C". 5. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. 6. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice to Proceed, and shall complete all work on or before June 30, 2014, as further described in Exhibit "B'. C. If the work is not fully completed according to the terms of the Contract and within the time limits stipulated herein, it is hereby acknowledged that the COUNTY will suffer damages which are not capable of ascertainment or calculation, and therefore the CONSULTANT shall pay the COUNTY, as liquidated damages, a sum of $50.00 (fifty and 00/100 dollars) for each day following the required completion date, until the date upon which actual completion occurs. d. The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or her designee, or the Contract may be cancelled by the County Administrator with the County invoking all rights and remedies thereof. e. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the CONSULTANT, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the CONSULTANT under the Contract; and when deducted, shall be deemed and taken as payment in such amount. Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Work Authorization in multiple copies, each of which shall be considered an original on the date first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN TREASURE COAST EDUCATION, RESEARCH AND DEVELOPMENT AUTHORITY BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTYATTORNEY WITNESSES: DUNKELBERGER ENGINEERING & TESTING, INC. BY: PRINT NAME: Page 3 of 3 DUNKMER;GER • Fort Lauderdale engineering &testing, ine. . Port Saint Lucie Sarasota , www,dunkelborgervengineering.com . West Palm Beach St. Lucie County c/o Treasure Coast Education, Research and Development Authority (TCERDA) 2199 South Rock Road Ft, Pierce, Florida 34945 Attention: Mr. ben DeVries CEO and Executive Director REVISED December 11, 2012 Project No: PSL-07-2421(10.47) Subject: Engineering Sem lees - Construction 2uspection all(I Materials Testing Treasure Coast Research Park —Phase I Improvements SLC Project No,11-29 St. Lucie County; Florida Dear Mr, DeVries: INTRODUCTION Dunkelbergck ispleased to have the opportunity to subm-it.this proposal to St. Lucie County c/o Treasure Coast Education, Research and, Development Authority (TCERDA) to provide Engineering Services - .Construcflofi Jnspeetion and Materials Testing:for the Treasure Coast Research Park — Phase 1 Improvements project. This proposal is based on the most recent construction plans prepared by Xirnley-Horn, dated October 8, 2012, statttped "Final Subin$tal" and is for. both Ilia on -site and oMsitc construction which will include the lake excavation, mass grading,.roadway improvements and, constructing the infrastructure elements needed to support the .initial Park deve'lopntent please. The project -is to be constructed in accordance with the 2010 FDOT Standard Specifications for Road and 73riclge Construction and -County reijtiirerneuis (i.a:, Section'300) as detailed in the Governing Specifications of the project's bid documents. Dunkelberger is submitting this proposal to provide QA/QC and construction inspection services to St. Lucie County c/o TCERDA under, our current St. Lucie County C'anttnrring Services Contract. Field inspection will be provided as warranted by the type and pace of construction. For exaitrple,. during underground constructions, or other activities that are, itnrnediately covered by subsequent construction and require oil -going testing, the' field technician will be on -site full- t4tne During other activities such as subgrade or baset course preparation; the field teclntician will visit the'site on aft as -needed basis to do.cuinent the work and perform the required materials testing. The sampling and testing frequencies will be based on FDOT specifications unless, otherwise noted. We. understand that the construction schedule for theproject is 220 contract days. For the Phase. 1 Improvement work wewill provide a senior engineering technician on -site for an average of 6 hours per day for 160 working days (assumed. 5 day/week work schedule) to perform the construction observations; sampling and testing. A more specific breakdown of Dunkelberger's proposed work scope, schedule, and compensation is provided hereafter. State of Florida Board of Professional Engineers -Authorization No. 6870 Toll Free (877) 843.6832 AL3rbia_Coaitt�' Page 2 TCERDA Phase I Impraveywits Project No. PAL 07-2421(10:47) SCOPE f)T SERVICES --- Exhibit A Dunkelbeiger-Rill perform the following scope of construction inspection and materials testing services: We understand that TCERDA will have a full-time construction.manager on -site. during the site civil construction work. The intent .is to have a technician fion Brinkelberger on - site as dictated by the type and paee' of oonstruction to conduct construction inspections for TCERDA, in addition to performing the field sampling audthe materials testing. For the purposes of our budget, we have estimated 960 homy of technician time over the, duration of the. project. This is based on an waage 6 hours, a day for 160 days, understanding that some days the technician tray be on -site for up to 8 hours and other day's the technician may only need to be on -site for a few bouts. We hav not iiielrrded any overtime provision in our cost estimate: • Daily (or as -needed) .inspection will include docunrettting with written daily reports and. photographs: o Contractor's effort (personnel and equipment onsite) o construction materials staged on -site o lake excavation/.soil management for on -site reuse o notable erosion control conditions o notable.safety conditions o notable MOT conditions o specification compliance of observed constructed element o iton-specification compliance of observed constructed element o res"ohttion of.deficiencies/problonis o pay item quantities for properly constructed/installed materials o notable conlintinioations with project personnel • Earthwork Observations -- subgrade (structure- bedding/foundation) soils will be observed to determine their suitability for support of the planned element (e.g., drainage structure. or pipe bedding, roadway embankment and/or subgrade, etc.). • hi Place Density Testing. — measuring the field (in -place) density of the soil backfitl placed for roadway embankixrent, drainage structure/pipe backfill and structure/pipe subgrade, as well as the stabilized/compacted subgrade and base materials used for roadway construction. Laboratory Testing — laboratory maxinnuii density (Proctor) tests; percent fines tests, and Liniero'ck Bearing. Ratio (LBR) tests on soil and aggregate materials to verify specification compliance. Ut�NK#�wB�RG)��i St Luck C inty TCERDA Phase I Imprm'ements Projed No. PSI .-07.--2421(10.47) Page 3 Field testing of fresh concrete (slump and temperature) grid. laboratory testing of liardened concrete test cylinders to determine compressive strength for end walls, mttered end: sections, anti concrete curbing and sidewalks. Aspfiait (roadway) Paving — we anticipate having a Senior Engineering Technician: 1) periodically check/observe the asphalt production and perform tile- associated plant tests (i,e„ extraction, gradation&maxirn ini density determination);2) periodically observe & monitor the placement of the asphaltic concrete (i.o.,. verify .infix, temperature measurements, check cross -slopes, straight -edge); and. 3) obtain cores of the constructed asphaltic concrete.for subsequent laboratory density anti thickness measurements. The purpose of this work is to verify that the material's composition (plant) and construction (roadway) comply with project specifications. • Engineering. and Reporting — provide oversight during the, construction to coordinate the aforementioned test program, engineering review of the test results; and consultation on anas-needed basis. We understand that our testing services will be required on a periodic-basis throughout the 270 day duration of the project, Our testing services will be provided on an as -needed, will call basis. We respecffiilly request at least a 24-hour noticeprior to the time our services are needed. SCHEOUL :---ExhibitU We will initiate our work inediately upon receiving your written notification to. 'proceed. Report preparation will be.couipieted within one, (1) week following completion of the field tests. We. will transmit two (2) signed and sealed copies of the test reports throughout the project. All invoices will follow under separate cover with duplicate test reports included and will be coinpleted bi-weekly or monthly, depending on.projeet prodnetivity; Project completion anticipated on or before June 30, 2014.. COMPENSATION - - Exhibit C These services will be provided on a unit rate basis in accordance with our St: Lucie County Cori thiuing Services contract. Based on our review of the project plans, we have established a not-to-eiceeti fee in the amount of $62;635 (see Attachment A) for performance of the outlined services for the off -site construction work. The fee: will not be exceeded without justifreatiou and your prior written approval. DUNKELBRRCER St. Lucie County YURDA Phrtse I Impi-orentmos Project No. PSL-07-2421(10.47) Page 4 We understand that thisworkwill be authorized ahth a work authorization issued by St, Lucie County mid that the work will be carried out under the terurs and conditions of our St. Lucie County Consultant Agreement, 000 Should you have any questions 'or comnents'coneerniug .this information; please feel free to Contact Irle at your Convenience. Sincerely, DUNKELBERGER ENGINEERING & TESTING, INC. Attachment: A - E.stil»ated Scoj3e aitd Bttrlget OUNHURCROC i 5, a C� 0 C� 0 C� 0;o a 4q o q 0 C, C! do F 06 E , < u a o to Co - - - - - - - 3 - - - - - - J. 49 o a a; ar 0 to FS a I-c. NO` 6.ff �6 ,o d 66 It �ci O U.— c5 — So — — — — — — — — — — — — 16 6 qc! q .�!q opa 2 TF 3 0 J2 0 t (0 t 9 0 n Az 00 1 o S lu to .20 C) WE 2 z AN 0 0 v b, 2 1 1 �D -2, " 0. -1 .-2 m 0 0�0 cd 00 A ITEM NO. VI-D1 DATE: 118/13 AGENDA REQUEST REGULAR ( ) i PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P.E.�J)y SUBMITTED BY: Public Works/Engineering Division County Engineer` SUBJECT: Locally Funded Agreement (LFA) and associated documents — Orange Avenue Shoulder Improvements from Graves Road to Kings Highway BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 316001-3725-563000-123604 — Orange Ave @ NSLRWCD C411 Culvert Project PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of the LFA and associated documents with the Florida Department of Transportation (FDOT) in the amount of $826,385.04 for the Orange Avenue Shoulder Improvements project, approval of Resolution No.13-007 and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures County Attorney (x) OMB Director (x) f Budget Analyst fane Daniel McIntyre Gouin Originating Dept. ( x County Engineer ( x) P Don Id West Michael Powley J. Road & Bridge ( x) M'J Manager ry _� DonJd Pauley Orange Graves to Kings LFA.ag Engineering Division MEMORANDUM TO: Board of County Commissioners THROUGH: Donald B. West, Public Works Director MVP FROM: Michael Powley, County Engineer DATE: January 8, 2013 - SUBJECT: Locally Funded Agreement (LFA) and associated documents - Orange Avenue Shoulder Improvements from Graves Road to Kings Highway ITEM NO. VI-D1 Background: The Florida Department of Transportation (FDOT) is preparing to bid the Orange Avenue Shoulder Improvements (Graves Road to Kings Highway) project in mid-2013. Ahead of that effort, finalization of the documents associated with the County's participation is necessary. The County is being requested to participate in the funding because FDOT is completing three scopes of work for us: the culvert crossing in Canal 52 (Coker Road), the culvert crossing in Canal 54 (Pulitzer Road) and the substitution of the proposed aggregate base (limerock or crushed concrete) for the shoulders with asphaltic concrete base. The latter is necessary as the County's two -foot lane addition in 2002 utilized asphaltic concrete base. The costs associated with these three requests are: $325,650, $310,350, and $190,383.33, respectively per the individual estimates provided by FDOT. Please note that FDOT has made a math error; the sum of the three estimptes is less than the amount explicitly specified in the LFA. FDOT has been advised of this but becaupe of the very tight time line associated with this project, they have requested that we utilize the higher number until this difference ($1.71) is resolved. These funds are presently available in the Orange Ave @ NSLRWCD C411 Culvert Project account. Recommendation: Board approval of the LFA and associated documents with the Florida Department of Transportation (FDOT) in the amount of $826,386.04 for the Orange Avenue Shoulder Improvements project, approval of Resolution No.13-007 and authorization for the Chairman to sign documents as approved by the County Attorney. RESOLUTION NO. 13-007 A RESOLUTION ACCEPTING THE FLORIDA DEPARTMENT OF TRANSPORTATION LOCALLY FUNDED AGREEMENT (FM# 423022- 1-52-01), MEMORANDUM OF AGREEMENT, AND HIGHWAY MAINTENANCE OF AGREEMENT FOR DESIGN OF CR-68/ORANGE AVENUE FROM GRAVES ROAD TO 835 FEET WEST OF SR713/KINGS HIGHWAY AND AUTHORIZING THE CHAIRPERSON TO EXECUTE THE AGREEMENTS 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: Acceptance of the Locally Funded Agreement (FM# 423022-1-52-01), Memorandum of Agreement, and Highway Maintenance of Agreement with the Florida Department of Transportation for design of CR-68/Orange Avenue from Graves Road to 835 feet west of SR-713/Kings Highway. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby accepts and approves the Locally Funded Agreement (FM# 423022-1-52-01), Memorandum of Agreement, and Highway Maintenance Memorandum of Agreement with the Florida Department of Transportation for design of CR-68/Orange Avenue from Graves Road to 835 feet west of SR713/Kings Highway. 2. The Board hereby authorizes the Chairperson to execute the above -referenced agreement and further authorizes the Count Attorney to execute the agreement by approving it as to form and correctness. After motion and second, the vote on this Resolution was as follows: Chairman Tod Mowery XX Vice Chair Commissioner Commissioner Commissioner Frannie Hutchinson XX Chris Dzadovsky XX Kim Johnson XX Paula Lewis XX PASSED AND DULY ADOPTED this 5th day of January, 2013. ATTEST: By: Deputy Clerk BOARD OF COUNTY COMMIS ST. LUCIE COUNTY, FLORIDA Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney FM No: 423022-1-52-01 FEID No: VF-596-000-835 STATE OF.FLORIDA DEPARTMENT OF TRANSPORTATION LOCALLY FUNDED AGREEMENT THIS Locally Funded Agreement ("Agreement"), entered into this day of 20 by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT, and St. Lucie County located at 2300 Virginia Avenue, Fort Pierce, FL 34982, hereinafter called the COUNTY. WITNESSETH WHEREAS, the DEPARTMENT and the COUNTY are desirous of having the DEPARTMENT make'certain improvements in connection with the DEPARTMENT's Shoulder widening improvements along CR68/Orange Avenue from Graves Road to 835 feet west of SR-713/Kings Highway in St. Lucie County, Florida. (Financial Management (FM) Number 423022-1-52-01, Funded in Fiscal Year 2012/2013); and WHEREAS, the COUNTY has requested that the DEPARTMENT perform the following additional work / use additional materials: Utilization of an optional black base pavement and the installation of two (2) box culverts at Canals 52 and 54, respectively, as set forth in Exhibit A attached hereto and made a part hereof and hereinafter referred to as the Project; and WHEREAS, the improvements are in the interest of both the COUNTY and the DEPARTMENT and itwould be more practical, expeditious, and economical for the DEPARTMENT to perform such activities; and WHEREAS, the COUNTY by Resolution No. adopted on 20_, a copy of which is attached hereto and made a part hereof, authorizes the proper officials to enter into this AGREEMENT. NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the parties agree to the following: The recitals set forth above are true and correct and are deemed incorporated herein. 2. The DEPARTMENT shall be responsible for assuring that the Project complies with all applicable Federal, State and Local laws, rules, regulations, guidelines and standards. 3. The COUNTY agrees to make all previous studies, maps, drawings, surveys and other data and information pertaining to the Project available to the DEPARTMENT at no. extra cost. 4. The total cost for the Project and the DEPARTMENT's Shoulder widening improvements along CR-68/Orange Avenue, is estimated to be THREE MILLION NINE HUNDRED FIVE THOUSAND SEVENTY FIVE DOLLARS AND NO CENTS ($3,905,075.00). The CO.UNTY's share forthe Project is estimated at EIGHT HUNDRED TWENTY SIX THOUSAND THREE HUNDRED EIGHTY FIVE DOLLARS AND FOUR CENTS ($826,385.04). However, presently the COUNTY is only able to fund SEVEN HUNDRED EIGHTY SIX THOUSAND Page 1 TWO HUNDRED SEVENTY THREE DOLLARS AND THIRTY THREE CENTS ($786,273.33), of their total share, which shall be paid to the DEPARTMENT, which leaves a balance owed to the DEPARTMENT by the COUNTY in the amount of FORTYTHOUSAND ONE HUNDRED ELEVEN DOLLARS AND SEVENTY.ONE CENTS ($40,111..71) which is to be paid no later than October31, 2013. In the event the actual cost of the Project results in a decrease to the COUNTY's share, the difference shall be refunded to the COUNTY. In the event the actual cost of the Project results in a sum greater than that paid by the COUNTY, then such sum shall be the sole responsibility of the COUNTY and shall be. paid to the DEPARTMENT. A. The COUNTY agrees that itwill, within thirty(30) days of execution of this Agreement, furnish the DEPARTMENT with, a check in the amount of.SEVEN HUNDRED EIGHTY SIX THOUSAND TWO HUNDRED SEVENTY THREE DOLLARS AND THIRTY THREE CENTS ($786,273.33) towards the Project Costs. In the event payment is not received by the DEPARTMENT within thirty (30) days of execution of this Agreement, this Agreement will be terminated. Remittanceshalt be made payable to the Department of Financial Services; Revenue Processing. Payment shall be clearly marked to indicate that it is to be applied to FM No. 423022-1-52-01. The DEPARTMENT shall utilize this amount towards costs of Project No. 423022-1-52-01. Payment shall be mailed to: Florida Department of Transportation Professional Services Unit -Attention: Leos A..Kennedy, Jr. 3400 W. Commercial Boulevard Fort Lauderdale, Florida 33309-3421 B. The COUNTY's share of the accepted bid for the.Project (hereinafter referred to as "Accepted Bid") and the Department's Improvements is hereinafter defined as the "Total Accepted Bid". If the COUNTY's share of the Accepted Bid forthe Project is in excess of the advance deposit amount, the COUNTY will provide an additional deposit along with the FORTY THOUSAND ONE HUNDRED ELEVEN DOLLARS AND SEVENTY ONE CENTS ($40,111.71) balance as set forth above, no later than October 31; 2013, so that the total deposit is equal to the Accepted Bid amount for the Project. The DEPARTMENT will notify the COUNTY as soon as it becomes apparent the Accepted Bid amount for the Project are in excess of the advance deposit amount; however, failure of the DEPARTMENT to so notify the COUNTY shall not relieve the COUNTY from its obligation to pay for its full participation. The DEPARTMENT will cover the balance owed by the COUNTY. If the COUNTY cannot provide the additional deposit along with the balanced owed by October 31, 2013, a letter must be submitted to and approved by the DEPARTMENT's Project Manager indicating the new date of the deposit. C. If the COUNTY's share of the Accepted Bid for the Project is less than the advance deposit amount, the DEPARTMENT will refund the amount that the advance deposit exceeds. the COUNTY's share of the Accepted Bid amount minus the FORTY Page 2 THOUSAND ONE HUNDRED ELEVEN DOLLARS AND SEVENTY ONE CENTS ($40;111.71) balance owed to the DEPARTMENT as set forth above, if such refund is requested by the COUNTY in writing. D. Should Project modifications occur that increase the COUNTY's cost for the Project, the COUNTY will be notified by the DEPARTMENT. The COUNTY agrees to provide, without delay, in advance of the additional work being performed, adequate funds to ensure.that cash on deposit with the DEPARTMENT is sufficient to fully fund the cost of the Project: The DEPARTMENT shall notify the COUNTY as soon as it becomes apparent the actual cost will exceed the COUNTYs payment. However, failure of the DEPARTMENT to so notify -the COUNTY shall not.relieve the COUNTY from its obligation to pay for its full participation. Funds due from. the COUNTY, for the Project, not paid within forty (40) calendar days from the date of the invoice are subject to an interest. charge at a rate established pursuant to Section 55.03„F.S.. In.the event of non-payment, the DEPARTMENT reserves the right to terminate this Agreement. E. The DEPARTMENT intends to have its final and complete accounting of all costs incurred in connection with thework performed hereunder within three hundred sixty (360) days of final payment to.the Contractor. The. DEPARTMENT considers the Project complete when the final payment has been made to the Contractor, not when the construction work is complete. All Project cost records and accounts shall be subject to audit by a representative of the COUNTYfor a. period of three (3) years after final close out of the Project and the Department's Improvement. The COUNTY will be notified of the final cost. Both parties agree that in the event the final accounting of Project costs pursuant to the terms of this Agreement is less than the total deposits to date, a refund of the excess will be made by the DEPARTMENT to the COUNTY. If the final accounting is not performed within three hundred sixty (360) days, the COUNTY is not relieved from its obligation to pay. F. In the event the final accounting of Project costs is greater than the total deposits to date, the COUNTY will pay the additional amount within forty (40) calendar days from the date of the invoice from the DEPARTMENT. The COUNTY agrees to pay interest at a rate as established pursuant to Section 55.03, F.S., on any invoice not paid within forty (40) calendar days until the invoice is paid. G. .The payment of funds under this Agreement will be made directlyto the Department of. Financial Services, Division of Treasury for deposit and as provided in. the Memorandum of Agreement (MOA) between the COUNTY, the DEPARTMENT and the State of Florida, Department of Financial Services, Division of Treasury a copy of which is attached hereto and made apart hereof as Exhibit B. 5. The COUNTY will comply with the provisions set forth in the Highway Maintenance Memorandum of Agreement (HMMOA) which is attached hereto and made a part hereof as Exhibit C. The COUNTYshall agree to maintain the Project in accordance with the terms of the Exhibit C. The terms of this paragraph shall survive the termination of this Agreement. Page 3 6. In the event it becomes necessary for either party to institute suit for the enforcement of the provisions of this Agreement, each party shall be responsible to pay their own attorney fees and court costs. Venue with respect to any such litigation shall be in Broward County. 7. This AGREEMENT and any interest herein shall not be assigned, transferred or otherwise encumbered by the COUNTY under any circumstances without the prior written consent of the DEPARTMENT. However, this AGREEMENT shall run to the DEPARTMENT and its successors. Except as otherwise set forth herein, this AGREEMENT shall continue in effect and be binding to both the COUNTY and the DEPARTMENT until the Project and the Milling and. Resurfacing work is completed as evidenced. by the written acceptance of the DEPARTMENT, or June 30, 2015 whichever occurs first. 9. The COUNTY warrants that it has not employed or obtained any company or person, other than bona fide employees of the COUNTY, to solicit or secure this AGREEMENT, and it has not paid or agreed to pay any company, corporation, individual or firm, otherthan'a bona fide employee employed by the COUNTY. For breach or violation of this provision, the DEPARTMENT shall have the right to terminate the AGREEMENT without liability. 10. The COUNTY / Vendor/ Contractor: (A) 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 COUNTY / Vendor/Contractor during the term of the contract; and (B) 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. 11. This AGREEMENT is governed by and construed in accordance with the laws of the.State of Florida. 12. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the. subject matter of this agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or,agreements whether oral or written.. It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed -with the same formality and of equal dignity herewith. 13. Any or all notices (except invoices) given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledged or sent by certified mail, return receipt requested. All notices delivered shall be sent to the following addresses: Page 4 If to the DEPARTMENT: Florida Department of Transportation - District Four 3400 West Commercial Blvd. Fort Lauderdale, Florida 33309-3421 Attn: Leos A. Kennedy, Jr. With a copy to: Fernando Morales A second copy to: Office of the General Counsel If to the COUNTY: St. Lucie County 23QO Virginia Avenue Fort Pierce, Florida 34982 Attn: Michael Powley, P.E. With a copy to: County Attorney IN WITNESS WHEREOF, this Agreement is to be executed by the parties below for the purposes . specified herein. Authorization has been given to enter into and execute this Agreement by Resolution No. hereto attached. ST. LUCIE COUNTY BY: NAM ATTEST: COUNTY CLERK (SEAL) APPROVED: BY: COUNTY ATTORNEY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: GERRY O'REILLY, P.E. DIRECTOR OF TRANSPORTATION DEVELOPMENT LEGAL REVIEW: BY: OFFICE OF THE GENERAL COUNSEL 50. WPM BY: PROFESSIONAL SERVICES ADMINISTRATOR Page 5 EXHIBIT A SCOPE OF SERVICES CR 68/ ORANGE AVE. FROM GRAVES RD TO SR 713/kINGS HWY FM # 423022=1-52-01 . A Black base pavement (285-706 Optional Base group 06) in the shoulder shall be utilized for the Project. The construction of two culverts one at Canal 52 (Coker Road) and one at Canal 54 (Pulitzer Road). Page 6 ExhibitMEMORANDUMOF THIS AGREEMENT, made and entered into this , day of 20_,.by and between the State of Florida, Department of Transportation, hereinafter to as "DEPARTMENT, the State of Florida; Department of Financial Services; Division of( hereinafter referred to as "TREASURY", and ST. LUCIE COUNTY, hereinafter referr V "COUNTY". WITNESSETH the WHEREAS, DEPARTMENT is currently constructing thefo,Uta Main Financial Project Number:42Sj0��22-1-__52-01 County: ST. LUCIE<� WHEREAS, the DEPARTMENT and the UNTY entered into a Locally Funded Agreement (LFA) dated A _,.wherein DEPARTMENT agreed to perform certain work on behalf of the COUNTY(' 'unction with the Project. WHEREAS, the parties to tJ A1�REEMENT mutually agreed that it would be in the best interest of the DEPARTMENT a ee OUNTY to establish an interest bearing escrow account to provide funds for the world ormed on the Project on behalf of the COUNTY. by the DEPARTMENT. c� NOW THEREF n consideration of the premises and the covenants contained herein, the parties agree t6thfollowing: y 1. _4..�e DEPARTMENT and the COUNTY agree that the recitals set forth above are true C� and correct and deemed incorporated herein. . An initial deposit in the amount of SEVEN HUNDRED EIGHTY SIX THOUSAND TWO HUNDRED SEVENTY THREE DOLLARS AND THIRTY THREE CENTS ($786,273.33) will be made by the COUNTY into an interest bearing escrow account established by the DEPARTMENT for the purposes of the Project. Said escrow account will be opened with the TREASURY, on behalf of the DEPARTMENT upon receipt of this Memorandum of Agreement. Such account will be an asset of the DEPARTMENT. Page 7 3. Other deposits may be made by the COUNTY as necessary to cover the cost increases or the, cost of additional work prior to the execution of any Supplemental Agreements or Amendments. 4. Payment will be made as follows (check_ appropriate payment method): F-1 Wire transfer 0 ACH deposit E] Check (� A wire transfer or ACH deposit is the preferred method of payment and whenever possible.. Following is the wiring and ACH deposit. instructioi For wire. transfers: Bank of America Account # 001009068974 ®� ABA # 026009593 Chief Financial Officer of Florida Re: DOT — K 11-78, Financial Proje1�23022-1-52-01 For ACHdeposits: Bank of America Account # 001009068974 ABA # 063100277 ' Chief Financial Officer rida Re: DOT — K 11-7,8,� ncial Project #423022-1-52-01 v If a check is the method of pa 'eN, the check shall be made payable to the Department of Financial Services, Revenue P mg and mailed to FDOT, OOC-GAO for appropriate processing at the following address:,,, drtment of Transportation. LFA Section nee Street, MS 42B Florida 32399, y The DEPARTMENT's Comptroller or designee shall be the sole signatories on the t� escrow account with the TREASURY and shall have sole authority to authorize withdrawals from said account. 6. Unless instructed otherwise by the DEPARTMENT hereto, all interest accumulated in the escrow account shall remain in the account for the purposes of funding the COUNTY's portion of the Project as defined in the LFA. Page 8 7. The TREASURY agrees to provide written confirmation. of receipt of funds to the DEPARTMENT.. 8, The TREASURY further agrees to provide periodic reports to the DEPARTMENT. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION COMPTROLLER STATE OF FLORIDA DEPARTMENTOF FINANCIAL DIVISION OF TREASURY _ ( ST. LUCIE COUN� BY; NA TITLE•. v 300 Virginia Avenue ®' Fort Pierce, FL 34982 ADDRESS F-596-000-835. FEDERAL EMPLOYER I.D. NUMBER Pago 9 19414 1111,11thut . I -XI �UJMW,ll UZ WFillfj'lDj[61111JOWkk%l Page 10 SECTION No.: N/A FM No. (s): 423022-1-52-01 COUNTY: St. Lucie S.R. No.: N/A DISTRICT FOUR HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this day of 20by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agen ke State of Florida, hereinafter called the DEPARTMENT and the ST. LUCIE COUNTY, a political s^r4 ion, existing under the Laws of.Florida, hereinafter called the AGENCY. �J W ITNESSETH: WHEREAS, the AGENCY has jurisdiction over CR 68 (Orange Ave part of the County Highway System from Graves Road to west of SR 713 (Kings Highway); ank, WHEREAS, the DEPARTMENT seeks to install and have ied by the AGENCY certain Highway improvements within the right ofway of CR 68 (Orange Aves described within Exhibit A; and WHEREAS, pursuant to §339.07, 339.08, and 43�1. Florida Statutes and Federal funding provisions the DEPARTMENT is authorized to undertake a'ectwithin the AGENCY geographical limits and the AGENCY is desirous of having this improvement cbnstructed; and WHEREAS, the said Project is identif' d n� known to the parties as CR 68 (Orange Avenue) Shoulder_ Widening, Financial Project Idee ion Number 423022-1-52-01, which will benefit the AGENCY; and WHEREAS, in accordan iffi Title 23, U.S. Code, Section 116 and Federal Highway 'Administration regulations iss4 suant thereto, there must be an agreement from the AGENCY to maintain the project; and WHEREAS, hereto mutually recognize the need for entering into an Agreement designating and s� h the responsibilities of each party; and WHWS, the AGENCY by Resolution No. dated 20_, attached hereto a d is reference made apart hereof, desires to enter into this Agreement and authorizes its officers" so; THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the covenant and agree as follows: The DEPARTMENT has undertaken the project and obtained Federal participation in the Project. 2. The AGENCY shall allow the DEPARTMENT and its contractors to enter on the County Right of Way to construct this project. Paee 11 3. The AGENCY shall acquire necessary Subordinations of Utility easements and be responsible for any costs associated therewith for any utility that requires relocation or adjustment. Those rights shall be transferred to the Department as necessary. If the Agency fails to acquire any necessary Subordination timely, the Department may cancel the Project. 4. It is understood and agreed by the parties that upon "final acceptance" by the DEPARTMENT of the Project, .(as that term is described in the Standard Specifications. for Roadway and Bridge Construction dated 2013 as amended by contract documents section 5-11) and Notice thereof to the AGEN �tqe AGENCY shall be responsible for maintenance of said Project, at its cost, in accordance with th ing Federally and State accepted standards and all costs related thereto: (a) Florida Green Boo 2011, as amended (b) Governing standards and specifications: FDOT Design Standards dated 2 3, amended (c) Standard Specifications for Roadway and Bridge Construction dated 2013, as a d by contract documents, and (d) Manual on Uniform Traffic Control Devices (MUTCD), current1 or as amended. 5. ENVIRONMENTAL PERMITTING: If requested by the DEPARTMENT,&`i�i`ENCY shall sign as a joint applicant and be responsible for the permits related to the subject roa¢ytay``..Vurtherthe AGENCY shall be in compliance with all permits after the construction of the project. GENCY shall indemnify the DEPARTMENT for any violation of any permits issued to the DEP or jointly to the AGENCY and the DEPARMTENT after construction is complete. The AGENCY II &ecute all necessary documentation required by the permitting AGENCY in a timely matter to acc0r sfer of the permit. 6. Drainage permits/other interests: The AGENCY s Il be responsible for acquiring any interest required for drainage; including occupancy permits and alf permits shall be in the name of the AGENCY. The AGENCY shall insure that the DEPARTM6cpaT shall have the right to enter in the areas of the Occupancy permits for the purposes of constr o of the Project. The DEPARTMENT may assist in this matter. If the DEPARTMENT acquires an i for drainage; the AGENCY shall execute all necessary documentation required by the permittin e t ty.in a timely matter to accept transfer of the permit. The culvert at Canal 56 shall be completp6y May 1st, 2013 by the AGENCY. 7. Unforeseen issuelfseen issues shall arise, the AGENCY shall cooperate with the DEPARTMENT in anyin order to construct the project including butnot limiting to executing document, allowing theT or its contractor to enter into any real property held bythe AGENCY or any Occupancy riay have. 8. This docurr corporates and includes all prior negotiations, correspondence, conversations, agreements ncFerstandings as represented in the Final Proposed Construction plans. Accordingly, it is agreed that��, deviation from the terms hereof shall be predicated upon any prior representation or agreerk4" whether oral or written. N-Verify: The AGENCY: shall utilize the U.S. Department of Homeland Security's E-Verify system to ve4 the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and 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. Pa5ze 12 10. This Agreement shall be governed, interpreted and construed according to the laws of the State of Florida. 11. LIST OF EXHIBITS Exhibit A: Project Improvements and Scope IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day ear provided below. AGENCY: lC�® ATTEST: ATTEST: Y� ST. LUCIE COUNTY, through its BOARD OF COUNTY COMMIS By day or'g 20 Approved as.th form by Office of County Attorney Y STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By Transportation Development Director Approval as to Form: District General Counsel Paize 13 SECTION No.: N/A FM No. (s) 423022-1-52-01 COUNTY: St. Lucie: S.R. No.: N/A EXHIBIT A PROJECT IMPROVEMENTS AND SCOPE Improvements onAGENCY's (the County) Right of way. Summary of Work: < IN, r The project is proposing shoulder widening of County Road 68 (known locally snge Avenue). The project begins east of Graves Road MP 11.410 and ends just west of (Kings Highway) MP 17.030. The project length is 5.62 miles. The existing two-lane roa I have the shoulder widening to include 8-foot shoulders, 5-foot paved. A�l Typical Section • Construct 8-foot shoulders, utilizing black base (at the cost o th GENCY), 5-foot paved utilizing a 1:4 front slope and 1:3 back slope but reducing the front 1:3 where necessary to maintain . ditch capacity. Drainage • The drainage in this project will consist of sw conveying runoff to ditch bottom inlets connected pipe with ditch bottom inlets and manhol v • The shoulder widening improvements °i quire the replacement of four cross drains associated with the NSRLWCD canal crossings: 1 o Canal 56 (God; scheduled to be replaced by the AGENCY by 5/1/2013) o Canal 54 (Ri Rd, DEPARTMENT will include in project, with AGENCY contributing the cost ) o Canal,�5 oker Rd, DEPARTMENT will include in project with AGENCY contributing the o Ca'd4411 (Rock Rd, scheduled to be replaced after the shoulder widening project is mpleted) T • P�elocation or adjustment of utilities will be coordinated during design following standard FDOT utility accommodation guidelines. Page 14 Exhibit "B" MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this , day of 20 , by and between the State of Florida, Department of Transportation, hereinafter referred to as "DEPARTMENT", the State of Florida, Department of Financial Services, Division of Treasury hereinafter referred to as "TREASURY", and ST. LUCIE COUNTY, hereinafter referred to as the "COUNTY". WITNESSETH WHEREAS, DEPARTMENT is currently constructing the following: Main Financial Project Number: 423022-1-52-01 County: ST. LUCIE WHEREAS, the DEPARTMENT and the COUNTY entered into a Locally Funded Agreement (LFA) dated 20 _, wherein DEPARTMENT agreed to perform certain work on behalf of the COUNTY in conjunction with the Project. WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the best interest of the DEPARTMENT and the COUNTY to establish an interest bearing escrow account to provide funds for the work performed on the Project on behalf of the COUNTY by the DEPARTMENT. NOW THEREFORE, in consideration of the premises and the covenants contained herein, the parties agree to the following: The DEPARTMENT and the COUNTY agree that the recitals set forth above are true and correct and deemed incorporated herein. An initial deposit in the amount of SEVEN HUNDRED EIGHTY SIX THOUSAND TWO HUNDRED SEVENTY THREE DOLLARS AND THIRTY THREE CENTS ($786,273.33) will be made by the COUNTY into an interest bearing escrow account established by the DEPARTMENT for the purposes. of the Project. Said escrow account will be opened with the TREASURY, on behalf of the DEPARTMENT upon receipt of this Memorandum of Agreement. Such account will be an asset of the DEPARTMENT. 3. Other deposits may be made by the COUNTY as necessary to cover the cost increases or the cost of additional work prior to the execution of any Supplemental Agreements or Amendments. 4. Payment will be made as follows (check, appropriate payment method): E Wire transfer El ACH deposit D Check A wire transfer or ACH deposit is the preferred method of payment and should be used whenever possible. Following is the wiring and ACH deposit instructions: For wire transfers: Bank of America Account # 001009068974 ABA # 026009593 Chief Financial Officer of Florida Re: DOT — K 11-78, Financial Project #423022-1-52-01 For ACH deposits: Bank of America Account # 001009068974 ABA # 063100277 Chief Financial Officer of Florida Re: DOT — K 11-78, Financial Project #423022-1-52-01 If a check is the method of payment, the check shall be made payable to the Department of Financial Services, Revenue Processing and mailed to FDOT, OOC-GAO for appropriate processing at the following address: Florida Department of Transportation OOC-GAO, LFA Section 605 Suwannee Street, MS 42B Tallahassee, Florida 32399 5. The DEPARTMENT's Comptroller or designee shall be the sole signatories on the escrow account with the TREASURY and shall have sole authority to authorize withdrawals from said account. 6. Unless instructed otherwise by the DEPARTMENT hereto, all interest accumulated in the escrow account shall remain in the account for the purposes of funding the COUNTY's portion of the Project as defined in the LFA. 7. The TREASURY agrees to provide written confirmation of receipt of funds to the DEPARTMENT. 8. The TREASURY further agrees to provide periodic reports to the DEPARTMENT. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION COMPTROLLER STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF TREASURY ST. LUCIE COUNTY BY: NAME: TITLE: 2300 Virginia Avenue Fort Pierce, FL 34982 ADDRESS F-596-000-835 FEDERAL EMPLOYER I.D. NUMBER SECTION No.: N/A FM No. (s): 423022-1-52-01 COUNTY: St. Lucie S.R. No.: N/A DISTRICT FOUR HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this day of 20_, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the DEPARTMENT and the ST. LUCIE COUNTY, a political subdivision; existing under the Laws of Florida, hereinafter called the AGENCY. WITNESSETH: WHEREAS, the AGENCY has jurisdiction over CR 68 (Orange Avenue) as part of the County Highway System from Graves Road to west of SR 713 (Kings Highway); and WHEREAS, the DEPARTMENT seeks to install and have maintained by the AGENCY certain Highway improvements within the right of way of CR 68 (Orange Avenue) as described within Exhibit A; and WHEREAS, pursuant to §339.07, 339.08, and 339.12 Florida Statutes and Federal funding provisions the DEPARTMENT is authorized to undertake a project within the AGENCY geographical limits and the AGENCY is desirous of having this improvement constructed; and WHEREAS, the said Project is identified and known to the parties as CR 68 (Orange Avenue) Shoulder Widening, Financial Project Identification Number 423022-1-52-01, which will benefit the AGENCY; and WHEREAS, in accordance with Title 23, U.S. Code, Section 116 and Federal Highway Administration regulations issued pursuant thereto, there must be an agreement from the AGENCY to maintain the project; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the AGENCY by Resolution No. dated - , 20_, attached hereto and by this reference made a part hereof, desires to enter into this Agreement and authorizes its officers to do so; NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The DEPARTMENT has undertaken the project and obtained Federal participation in the Project. 2. The AGENCYshall allow the DEPARTMENT and its contractors to enter on the County Right of Way to construct this project. 3. The AGENCY shall acquire necessary Subordinations of Utility easements and be responsible for any costs associated therewith for any utility that requires relocation or adjustment. Those rights shall be. transferred to the Department as necessary. If the Agency fails to acquire any necessary Subordination timely, the Department may cancel the Project. 4. It is understood and agreed by the parties that upon "final acceptance" by the DEPARTMENT of the Project, (as that term is described in the Standard Specifications for Roadway and Bridge Construction dated 2013 as amended by contract documents section 5A 1) and Notice thereof to the AGENCY, the AGENCY shall be responsible for maintenance of said Project, at its cost, in accordance with the following Federally and State accepted standards and all costs related thereto: (a) Florida Green Book dated 2011, as amended (b) Governing standards and specifications: FDOT Design Standards dated 2013, as amended (c) Standard Specifications for Roadway and Bridge Construction dated 2013, as amended by contract documents, and (d) Manual on Uniform Traffic Control Devices (MUTCD); current edition, or as amended. 5. ENVIRONMENTAL PERMITTING:.If requested by the DEPARTMENT, the AGENCYshall sign as a jofnt applicant and be responsible for the permits related to the subject roadway. Further the AGENCY shall be in compliance with all permits after the construction. of the. project. The AGENCY shall indemnify the DEPARTMENT for any violation of any permits issued to the DEPARMENT orjointly to the AGENCY and the DEPARMTENT after construction is complete. The AGENCY shall execute all necessary documentation required by the permitting AGENCY in a timely matter to accept transfer of the permit. 6. Drainage permits/other interests: The AGENCY shall be responsible for acquiring any interest required for drainage, including occupancy permits and all permits shall be in the name of the AGENCY. The AGENCY shall insure that the DEPARTMENT shall have the right to enter in the areas of the Occupancy permits for the purposes of construction of the Project. The DEPARTMENT may assist in this matter. If the DEPARTMENT acquires any permit for drainage, the AGENCY shall execute all necessary documentation required by the permitting entity in a timely matter to accept transfer of the permit. The culvert at Canal 56 shall be completed by May 1", 2b13 by the AGENCY. 7. Unforeseen issues: If unforeseen issues shall arise, the AGENCY shall cooperate with the DEPARTMENT in. anyway necessary in order to construct the project including but not limiting to executing document, allowing the DEPARTMENT or its contractor to enter into any real property held by the AGENCY or any Occupancy right the Agency may have. 8. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings as represented in the Final Proposed Construction plans. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. 9. E-Verify: The AGENCY: 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 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. _IJ 10. This Agreement shall be governed, interpreted and construed according to the laws of the State of Florida. 11. LIST OF EXHIBITS Exhibit A: Project Improvements.and Scope IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year provided below. ATTEST: ATTEST: Executive Secretary (SEAL) AGENCY: ST. LUCIE COUNTY, through its BOARD OF COUNTY COMMISSIONERS 9a day 20 Approved as to form by Office of County Attorney 91 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By Transportation Development Director Approval as to Form: District General Counsel (_ /_/_) �l SECTION No.: FM No. (s) COUNTY: S.R. No.: . EXHIBIT A PROJECT IMPROVEMENTS AND SCOPE Improvements on AGENCY's (the County) Right of way. Summary of Work: @I/_l 423022-1-52-01 St. Lucie N/A The project is proposing shoulder widening of County Road 68 (known locally as Orange Avenue). The project begins east of Graves Road MP 11.410 and ends just west of SR 713 (Kings Highway) MP 17.030. The. project length is 5.62 miles. The existing two-lane roadway will have the shoulder widening to include 8-foot shoulders, 5-foot paved. . Typical Section Construct 8-foot shoulders, utilizing black base (at the cost of the AGENCY), 5-foot paved utilizing a 1:4 front slope and 1:3 back slope but reducing the front slope to 1:3 where necessary to maintain ditch capacity. Drainage • The drainage in this project Will consist of swales conveying runoff to ditch bottom inlets connected. pipe with ditch bottom inlets and manholes. The shoulder widening improvements will require the replacement of four.cross drains associated with the NSRLWCD canal crossings: o Canal 56 (Godfrey Rd, scheduled to be replaced by the AGENCY by 51112013) o Canal 54 (Pulitzer Rd, DEPARTMENT will include in project, with AGENCY contributing the cost ) o Canal 52 (Coker Rd, DEPARTMENT will include in project with AGENCY contributing the cost) o Canal 411 (Rock Rd, scheduled to be replaced after the shoulder widening project is completed) Utilities • Relocation or adjustment of utilities will be coordinated during design following standard. FDOT utility accommodation guidelines. Preliminary Construction Cost Estimate Initial Plans Submittal CR 68 (Orange Avenue) FPID No.423022-1-52-01 Base Group Difference td ide month PAY IT EM average unit NO. DESCRIPTION UNIT QUANTM costa COST 285-701 OPTIONAL BASE, BASE GROUP 01 SY 34,615 $ 8.50 $ 294,228.78 285-706 OPTIONAL BASE, BASE GROUP 06 SY 34,615 $ 14.00 $ 484,612.10 Difference in Group 01 and Group 06 $ 190,383.33 Preliminary Construction Cost Estimate CR 68 (Orange Avenue) FPID No, 423022-1-32-01 Canal 52 Culvert Replacement Please be advised that this estimate Is based on preliminary design and is prepared for informational purposes only. The quantities and costs shown below are approximate only. Cost estimate based on FDOT standards and pay items: PAY ITEM NO. DESCRIPTION UNIT QUANTITY UNIT COST COST 102-2-2 SPECIAL DETOUR LS 1 $60,914.00 $60,914.00 102-71-11 TEMPORARY BARRIER WALL LF 400 $10.00 $4,000.00 104.10-3 SEDIMENT BARRIER LF 730 $1.00 $730.00 104-11 FLOATING TURBIDITY BARRIER LF 400 $13.00 $5,200.00 110-1-1 CLEARING&GRUBBING LS 1 $1,000.00 $1,000.00 160-4 ITYPE B STABILIZATION SY 1 1,777 $ 3.001 $5,331.00 285.706 OPTIONAL BASE, BASE GROUP 06 SY 1777 $ 13.00 $23,101.00 334-1-12 SUPERPAVE, ASPHALTIC CONC, TRAFFIC B TN 11 $ 90.00 $990.00 120-1 REGULAR EXCAVATION CY 2,500 $5.50 $13,750.00 120-6 EMBANKMENT CY 2,400 $6.00 $14,400.00 400-2-2 CONCRETE CLASS 11, ENDWALLS CY ;ry. $1,700.00 $67,830.00 415-1-1 REINFORCING STEEL -ROADWAY LB $1,25 $4.982.50 425-1-523 INLETS, DITCH BOTTOM, TYPE C, J BOT <IV EA - $5,100.00 $10,200.00 430-175-160 PIPE CULVERT, OPT MATL, ROUND, 60- SICD LF $192.00 $47,616.00 530-1 RIP -RAP (SAND -CEMENT) CY ;- $f $576.00 $34,500.00 570.1-2 PERFORMANCE TURF, SOD SY $2.00 $1,500.00 999-1 CONTINGENCY (10%) LS 1 $29,605.00 $29,605.00 Total $325,650.00 Preliminary Construction Cost Estimate CR 68 (Orange Avenue) FPID No, 423022-1-32-01 Canal 54 Culvert Replacement Please be advised that this estimate is based on preliminary design and is prepared for informational purposes only. The quantities and costs shown below are approximate only. Cost estimate based on FDOT standards and pay items: PAY ITEM NO. DESCRIPTION UNIT QUANTITY UNIT COST COST 102-2-2 SPECIAL DETOUR LS 1 $60,914.00 $60,914.00 102.71-11 TEMPORARY BARRIER WALL LF 400 $10.00 $4,000.00 104-10-3 SEDIMENT BARRIER LF 733 $1.00 $733.00 104-11 FLOATING TURBIDITY BARRIER LF 400 $13.00 $5,200.00 110-1-1 CLEARING 8 GRUBBING LS 1 $1.000.00 $1.000,00 160-4 ITYPE B STABILIZATION SY 1 1,777 $ 3.001 $5,331.00 285-706 OPTIONAL BASE, BASE GROUP 06 SY 1777 $ 13.00 $23,101.00 $34-1- 12 SUPERPAVE, ASPHALTIC CONC, TRAFFIC B TN 11 $ 90.00 $990.00 120-1 REGULAR EXCAVATION CY 2,500 $5.50 $13,750.00 120.6 EMBANKMENT CY 2,000 $6.00 $12,000.00 400-2-2 CONCRETE CLASS II, ENDWALLS CY - $1,700.00 $67A30.00 415-1.1 REINFORCING STEEL -ROADWAY LB +;' ` - $1.26 $4,982.50 425-1-523 INLETS, DITCH BOTTOM, TYPE C, d BOT <10' EA $5,100.00 $10,200.00 430-175-160 PIPE CULVERT, OPT MATL, ROUND, 60- S/CD LF $192.00 $36,096.00 530-1 RIP -RAP (SAND -CEMENT) CY $575.00 $34,500.00 570-1-2 PERFORMANCE TURF, SOD SY .,, .'�;{ $2.00 $1,500.00 999.1 CONTINGENCY (10%) LS 1 $28,212.75 $28,212.75 Total $310,350.00 ITEM NO. DATE: AGENDA REQUEST REGULAR TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: St. Lucie County Sheriff's Office SUBJECT: Draw Request - January 2013. VI-E 01/08/13 PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) PRESENTED BY - Toby Long Director Finance & Technology BACKGROUND: The Sheriff is requesting funds for operations from the General Fund & Fine Forfeiture in the amount of $5,098,363.01. Double Draw: (Amount requested; Vt draw total = $5,098,363.01) (2nd draw total=$5,098,363.01) This is a total of $10,196,726.02 for the month of January. See attached memos. FUNDS AVAILABLE: General Fund & Fine Forfeiture. 001-8191-599043-800 107-8191-599042-800 107-711-599040-6000 107-8191-599043-800 PREVIOUS ACTION: None RECOMMENDATION: Staff recommends approval of the Sheriff's double draw request for January 2013 in the amount of $10,196,726.02. (Amount requested; V draw total = $5,098,363.01) (2"d draw total=$5,098,363.01) This is a total of $10,196,726.02 for the month of January. COMMISSION ACTION: APPROVED ( ) DENIED OTHER County Attorney ( ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator n Coordination/Signatures J7 = OMB Director ( ) Budget Analyst _ (Name) (Name) (Name) Originating Dept. ( ) (Name) ERD ( ) (Name) TO: Board of County Commissioners THROUGH: Sheriff Ken J. Mascara FROM: The St. Lucie County Sheriff's Office DATE: 00/00/13 SUBJECT: Draw Request — January 2013. ITEM NO. VI-F Background: The Sheriff is requesting funds for operations from the General Fund & Fine Forfeiture in the amount of $6,098,363.01. Double Draw: (Amount requested; 1s` draw total = $5,098,363.01) (2nd draw total=$5,098,363.01) This is a total of $10,196,726.02 for the month of January. See attached memos. Previous Action None Recommendation Staff recommends approval of the Sheriff's double draw request for January 2013 in the amount of $10,196,726.02. (Amount requested; I" draw total = $5,098,363.01) (2nd draw total=$5,098,363.01) This is a total of $10,196,726.02 for the month of January. ," 4crttf KEN J. MASCARA 4700 West Midway Road, Fort Pierce, Florida 34981 E G December 19, 2012 The Honorable Tod Mowery, Chair St. Lucie Board of County Commissioners St. Lucie County Ft. Pierce, FL 34982 Dear Chairman Mowery: Member National Sheriffs' Association Member Florida Sheriffs' Association k Telephone: (772) 461-7300 • Fax: (772) 489-5851 �-k- Attached is our double draw request per Florida Statute 30.50 (1) for the month of January 2013. Thank you in advance for your assistance. Please contact our Comptroller Lee Tinker at 462-3290 if you have any questions. Sincerely, Ken Attachment A*dff KEN J. MASCARA Telephone: (772) 462-3200 • Fax: (772) 489-5851 4700 West Midway Road • Fort Pierce, Florida 34981 December 19, 2012 St. Lucie Board of County Commissioners 2300 Virginia Avenue Fort Pierce, FL 34982 Ref: Month of January 2013 Draw Request Dear Commissioners: In compliance with the provisions of the Chapter 30.50, Florida Statues, I hereby request funds for the operations as shown below. Code Item Total Budget Previously This Total 12ths Received Requisition Requisition 16 Judicial $3,362,954.00 $1,120,984.68 $280,246.17 $1,401,230.85 5/12 Total 21 Law Enforce- $32,793,179.00 $10,931,059.68 $2,732,764.92 $13,663,824.60 5/12 ment Total 23 Corrections $25,024,223.00 $8,341,407.68 $2,085,351.92 $10,426,759.60 5/12 Total Total Budget Request $61,180,356.00 1 $20 393,452.04 $5 098,363.01 $25,491,815.05 5/12 Sincerely, W. Lee Tinker Comptroller ITEM NO. VIII AGENDA REQUEST DATE: 1 /843 REGULAR (X) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Donald B. West SUBMITTED BY: Public Works Administration Public Works DI ector SUBJECT: Port Master Plan Update Phase II Scope approval BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of the Port Master Plan Update Phase II Scope and approval for FDOT/AECOM to proceed with the Master Plan Update. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator; ICrra-CM Coordination/Signatures County Attorney (X)4r OMB Director (X) i ASS Budget Analyst Daniel McIntyre Marie Gouin Originating Dept. ( X) tA. ERD ( ) onal B. est, P.E. Karen Smith Director of Planning & Development (X) Mark Satterlee, AICP Service Public Works Administration ZYWT,eC_EMil TO: Board of County Commissioners FROM: Donald B. West, Public Works Director DATE: January 8, 2013 SUBJECT: Port Master Plan Update Phase II Scope approval ITEM NO. VIII Background: The Florida Department of Transportation (FDOT) has offered to assist the City and the County in updating our Port Master Plan. Our current Port Master Plan needs to be updated to include new components as required under State laws. In 2011, the State legislature passed HB 399 "Infrastructure Investment", related to Florida's 14 public deep water seaports. The bill requires each port to create a "strategic plan" with a 10-year planning horizon. Each strategic plan must include the following basic components: 1) An economic development component that identifies targeted business opportunities. 2) An infrastructure development and improvement component with a strategic fiscal plan for capital improvements. 3) A component that identifies all intermodal transportation facilities, including potential linkages to air, sea, rail or roadway facilities. 4) A component that identifies physical, environmental and regulatory barriers for achievement of the plan goals. 5) An intergovernmental coordination element that specifies modes and methods to coordinate master plan goals and objectives with the missions of the State FDOT, other state agencies and local governments. Our Current Port Master Plan does not include the components that are required in the strategic plan. The County will be required to update our master plan with or without the assistance of the FDOT. The Florida Seaport Transportation and Economic Development Council (FSTED) is required to review the completed plan and prioritize strategic needs for inclusion in the statewide Florida Seaport Mission Plan. This process is intended to provide the necessary funding mechanism to assist the Ports in achieving their master plan goals and objectives. As part of the updating process, FDOT completed a Phase 1 Study to explore market opportunities that could result from increased seaport infrastructure investment. Additionally, the Phase 1 Study explored the willingness of the community to engage in a collaborative effort to update the Port Master Plan. December 4, 2012 Agenda VIII Page 2 Based upon the public input that was communicated during the Phase 1 study, AECOM Consultants prepared the attached Phase 2 Scope document, (Attachment A) to identify the basic services to be included in the Phase 2 planning process. FDOT intends to provide consulting services to the City and County to accomplish the Phase 2 Master Plan Update, with the Board's concurrence. The Phase 2 planning process will include meetings and public hearing with the various stakeholders and members of the public, as outlined in the scope document. At the October 17, 2012 meeting, the Harbor Advisory Committee (HAC) approved a recommendation to the Board of County Commissioners to move forward with Phase II of the Port Master Plan (see attached minutes for the October 17'h meeting, Attachment B). The HAC also reviewed the Phase 2 Scope Document and recommended some changes and additions that have been included in the attached Scope of Services. The attached proposed Scope of Services (Attachment A) from FDOT provides a summary of the basic services to be included in the Phase 2 planning process. Previous Action: November 12, 2002 — Port sub element was adopted into the Comprehensive Plan by Ordinance No. 2- 14. February 7, 2012 — Approved Resolution 12-001 (Attachment C) for FDOT to proceed with Phase 1 Study & Report July 17, 2012 — Board acceptance of Port Master Plan Phase 1 report Recommendation: Board approval of the Port Master Plan Update Phase II Scope and approval for FDOT/AECOM to proceed with the Master Plan Update. 21 P+ CD 0 CD ro CD O 0 p 0 0 a' � CD o dCD �. CD ao ti o 0• M CDCD �Wo n CD 0 0 P. CDo o' Go ° 0 o w �° o w C] It CD 0 0 a °R CD o �'o CD ° o �0 O �i 0 ° 0 M 0' 9 0 r n. ro � aoCD d (D CD o' c r• 0 CD CD C o 0 0 o v o 'c3 CD �a 0 0 'o w 3 w� by o w o p, °y o w C o CD p Q, �. N O N Y A- o C 0 �t w p oro op �. � CD p CD cy,o o, �• o. M (D 'cr o � p n M o �o: ° �F.CD a CD o CD. rj N pwp� OQ o rj CD N R' M + ° rn y 0 0 0 0 p p o �' CD .; vim, 4, C 0 C�C i� CD°hMj q w ° o oCD CL It w ro a O w n n 0 rn r. CD w 0 0 �G + a P ro 00 ° 0 o 5 0 pd� 6 n' 0 UQr R [ a; o w ro o ro ° CD o w CD w WCD p' p o . CD w CD � p. 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CD 0 a C FN_, /� ?/\{ )\\\\077\ z},.. &s { § )2 r \ � § ^ ° CD )®` \&} P 0H \\\ � J \) ® &/!@Tj[ \\ 0 � %§ / & Attachment B .2 Pages FORT PIERCE HARBOR ADVISORV COMMITTEE Meeting Held On October 17, 2012 Convened at 3:02 p.m. Adjourned at 4:05p.m. This meeting of the Fort Pierce Harbor Advisory Committee (FPHAC) was held Wednesday October 17, 2012 at 3:00 p.m. in the 3rd Floor Conference Room in the Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida. MOLL CALL Roll call was taken. Quorum present. Members Presents Mayor Bob Benton, City of Fort Pierce, Chair Bradley J. Currie, Land Design South, Vice Chair Vice -Mayor Linda Bartz, City of PSL Marty Lavin, Marine Industries Association of the Treasure Coast Mary Chapman Warren Falls, Managing Director of ORCA Members Absents David Sousa, St. Lucie Village Bill Thiess, FPUA/St. Lucie Village Gerald Kuklinski Also Presents Katherine Barbieri, Assistant County Attorney Don West, Public Works Director Mark Satterlee, Planning, SLC Joshua Revord, Dredging and Marine Consultants Linda Hudson, Candidate/CFP Charles Grande, Candidate County Commissioner Pamela Adams AGC Michelle Peary, AECOM Tom McGowan, AECOM Jim Karas, Port Consulting Team Richard C. Silvertri NEW BUSINESSs N/A OLD BUMNEM Minutes from the September 19, 2012 meeting were approved. STAFF COMMENTSs Update from Don West, Public Works Director concerning relocating channel markers for safety reasons. This will be completely handled by our Parks and Facility Department as they have a line item in their budget that cover the expenses through boating registration dollars that come in from Tax Collectors Office. The US Coast Guard determines the locations of channel markers, and must approve the re -locations through a permitting process. Page 1 of 3 Don also updated the Committee Member about the Channel inlet Dredging, due to the Board of County Commissioners declaring an emergency, the County is now able to go out for 3 bids, the project will go to the lowest bidder, and the County Administrator will be able to sign for up to $260,000 as this is the projected cost of the project per Board approval. Don explained that AECOM was able to help the County secure a permit quickly due to the fact that this is a small volume to be dredged and that the project is a declared emergency. Tom McGowan explained that there is an area that is in need of pushing or moving sand to level the area so that ships can come through at a 28' depth and the dredge will only be moving the sand around and not removing the spoil material. Don introduced Pamela Adams to the Committee Members to cover the update with the Port Master Plan. All Members were e-mail Phase II of the Port Master Plan prior to the meeting for review. Members discussed whether or not to make a recommendation to the Board of County Commissioners and when would be a good time to do so. After much discussion and with a few revisions to the Port Master Plan Phase II scope document, Brad Currie, Vice Chairman made a motion to make a recommendation to the Board of County Commissioners to move forward with Phase II of the Port Master Plan, Marty Lavin 2n1 the motion, all were in favor except Ms. Chapman. ADJOURNMENTo At 4:05 p.m. the meeting was adjourned. The next scheduled meeting to be held is Wednesday October 17, 2012 at 3:00 pm, in the 3`d Floor Conference Room. Page 2 of 3 AGENDA REQUEST ITEM NO. L DATE: January 8, 2013 REGULAR [XX] PUBLIC HEARING [] CONSENT[] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: COMMISSION ACTION: [ J APPROVED [ ] DENIED [ ] OTHER: County Attorney Daniel S. McIntyre County Attorney Resolution No. 13-005 - Amendment to the Investment Policy See attached memorandum Staff recommends that the Board adopt attached Resolution No. 13-005 and authorize the Chairman to sign the Resolution. CONCURRENCE: Review and Auaranls County Attorney:_ Management & Budget Daniel S. McIntyre Originating Dept. Solid Waste Mgr.: Finance: (Check for copy only, If applicable) Faye W. Outlaw, MPA County Administrator, ICMA-CM Purchasing: County Eng.: Eff. 5/96 I INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 12-1490 DATE: December 17, 2012 SUBJECT: Resolution No.13-005 - Amendment to the Investment Policy ►i►►#►►*ii**iii*iiiYiYiYiiiiYirtrtrtikitkYkkk►kk►#k►##i►k4##►►►##t4*►#►#►►##►k►iti#►► BACKGROUND: Pursuant to Section 218.415, Florida Statutes, counties that have custody of public funds in excess of the amounts needed to meet current expenses who elect to conduct investment activity themselves rather than depositing those funds in the Local Government Surplus Funds Trust Fund for investment by the State Board of Administration, are required to conduct such investment activity in accordance with a written investment policy adopted by the Board of County Commissioners. The Clerk has proposed changes to the County's Investment Policy, which proposed changes are attached to draft Resolution No. 13-005 as Exhibit "A." On December 10, 2012, the County s Investment Committee met and voted to recommend approval of the proposed changes. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt attached Resolution No. 13-005 and authorize the Chairman to sign the Resolution. Daniel'S. McIntyre County Attorney , DSM/caf Attachments RESOLUTION NO. 13-005 A RESOLUTION AMENDING THE INVESTMENT POLICY FOR ST. LUCIE COUNTY, FLORIDA; BY FURTHER AMENDING THE INVESTMENT POLICY WHEREAS,the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Pursuant to Section 218.415, Florida Statutes, on or before October 1,1995, counties that have custody of public funds in excess of the amounts needed to meet current expenses who elect to conduct investment activity themselves rather than depositing these funds in the Local Government Surplus Funds Trust Fund for investment by the State Board of Administration, are required to conduct such investment activity in accordance with a written investment plan and an investment policy adopted by the Board of County Commissioners or in the alternative to invest in specified low -risk instruments. 2. On September 26, 1995, the Board adopted Resolution No. 95-168 which adopted an investment policy as recommended by the Investment Subcommittee of the St. Lucie County Citizens Budget Review Committee. 3. On December 6, 1995, the Investment Committee recommended that the Board adopt certain amendments to the investment policy; and on January 2, 1996, the Board adopted Resolution No. 95-275 which amended the investment policy and incorporated the recommended changes of the Investment Committee. 4. On December 3,1997, the Investment Committee recommended that the Board adopt certain amendments to the investment policy and on December 16, 1997, the Board adopted Resolution No. 97-190 which amended the Investment policy and incorporated the recommended changes of the Investment Committee. S. On April4, 2001, the Investment Committee recommended that the Board adopt certain amendments to the investment policy, and on April 24,2001, the Board adopted Resolution 01-95 which amended the investment policy and incorporated the recommended changes of the Investment Committee. 6. On September 21, 2005, the Investment Committee recommended that the Board adopt certain changes to the investment policy, and on October 11, 2005, the Board adopted Resolution No. OS- 378. 7. On October 25, 2006, the Investment Committee recommended that the Board adopt certain changes to the investment policy, and on November 28, 2006, the Board adopted Resolution No. 06-345. 8. On December6, 2007, the Investment Committee recommended the Board adopt certain changes to the investment policy, and on December 11, 2007, the Board adopted Resolution No. 07-396. 9. On January 23, 2008, the Investment Committee recommended the Board adopt certain changes to the investment policy, and on February 12, 2008, the Board adopted Resolution No. 08-068. 10. On January 27, 2009, the Investment Committee recommended the Board adopt certain changes to the investment policy, and on March 10, 2009, the Board adopted Resolution No. 09-082. 11. On May 5, 2010, the Investment recommended the Board adopt certain changes to the investment policy, and on June 8, 2010, the Board adopted Resolution No. 10-167. 12. On February 9, 2012, the Investment Committee recommended the Board adopt certain changes, and on February 21, 2012, the Board adopted Resolution No. 12-031. 13. On December 10, 2012, the Investment Committee recommended the Board adopt certain changes to the Investment Policy which are attached as Exhibit "A." NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby adopt the amendments to the investment policy attached hereto and made a part hereof as Exhibit "A," pursuant to Section 218.415, Florida Statutes. 2. Except as amended herein, the remaining terms and conditions of the Investment Policy, as amended, shall remain in full force and effect. 3. This resolution shall take effect on adoption. After motion and second, the vote on this resolution was as follows: Chairman Tod Mowery Vice Chair Frannie Hutchinson Commissioner Chris Dzadovsky Commissioner Paula A. Lewis Commissioner Kim Johnson PASSED AND DULY ADOPTED this ATTEST: DEPUTY CLERK XXX XXX XXX XXX XXX day of January 2013. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS INVESTMENT POLICY TABLE OF CONTENTS I. SCOPE............................................................................................................................................2 II. INVESTMENT OBJECTIVES................................................................................................2 III. DELEGATION OF AUTHORITY ......................... .............................................................. 2,3 IV. INVESTMENT PERFORMANCE AND REPORTING.......................................................3 V. PRUDENCE AND ETHICAL STANDARDS....................................................................3,4 VI. AUTHORIZED INVE5TMENT5.......................................................................................4,5 VII. MATURITY AND LIQUIDITY REQUIREMENTS...........................................................6 VIII. PORTFOLIO COMP05ITION................... ......................... ................................... 6,7,8,9,10 IX. RISK AND DIVERSIFICATION..........................................................................................10 X AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS .......................10,11 XI. THIRD PARTY CUSTODIAL AGREEMENTS.....................................................................11 XII. MASTER REPURCHASE AGREEMENT.................................................................................11 XIIIBID REQUIREMENT......................................................................................................11,12,13 XIV. INTERNAL CONTROLS ....................... .............................................................................. 13,14 1 I. SCOPE This investment policy applies to all surplus funds held by or for the benefit of the St. Lucie County Board of County Commissioners, hereinafter referred to as the County. These policies were adopted using Sections 125.31 and 218.415, Florida Statutes. Bond proceeds may be further limited or expanded by their respective bond resolutions or covenants and shall not be considered to be in conflict with the Investment Policy. II. INVESTMENT OBJECTIVES The County shall strive to achieve with each investment opportunity, the following objectives, in ORDER OF PRIORITY: 1. SAFETY - The primary objective of the County's investment activities is the protection of investment capital. 2. LIQUIDITY - The County's investment strategy will provide sufficient liquidity such that cash flow requirements are met through the utilization of marketable securities with structured maturities. 3. INVESTMENT INCOME - In investing public funds, the County will strive to maximize the return on the portfolio but will minimize investment risk. III. DELEGATION OF AUTHORITY The responsibility for providing oversight and direction in regard to the management of the investment program resides with the Clerk of the Circuit Court. The Board of County Commissioners will appoint an Investment Committee that will serve in an advisory capacity and report to the Board of County Commissioners. Each Commissioner will select one of the five Investment Committee members who will possess relevant financial experience. The Investment Committee shall meet quarterly to review the Clerk's investment strategy and results. The Investment Committee will rely on the Clerk of the Circuit Court, Finance Director and their staff for support. The management i responsibility for all Board's funds in the investment program and investment transactions i is delegated to the Clerk of Circuit Court or designee. The Clerk of the Circuit Court or designee shall establish written procedures for the operation of the investment portfolio and a system of internal accounting and administrative controls to regulate the investment activities. The Clerk may employ investment monager(s) to assist in managing some of the 2 Board's investment portfolio. Such investment manager must be registered under the investment Advisors Act of 1940. IV. INVESTMENT PERFORMANCE AND REPORTING A portfolio report shall be prepared each quarter by the Finance Director or designated staff member, and be provided to the Clerk of the Circuit Court and appropriate management staff. The report will also be made available to the Board of County Commissioners and Investment Committee. The report shall include a breakdown of the portfolio as well as its overall performance and the current market pricing at month - end. A detailed analysis of the investment portfolio will be prepared by the Finance Director and presented to the Board of County Commissioners and Investment Committee on a quarterly basis. The report shall include information relating to transactions, market values, performance and adherence to policy. The Clerk of the Circuit Court is authorized to utilize an investment accounting service to obtain necessary information. The Board of County Commissioners will conduct an annual review of the investment portfolio and the investment policy. The Board of County Commissioners will appoint an Investment Committee that will serve in an advisory capacity and report to the Board of County Commissioners, Each Commissioner will select one of the five Investment Committee members who will possess relevant financial experience. The Investment Committee and the Board of County Commissioners shall receive a copy of the portfolio pricing analysis. The Clerk of the Circuit Court shall be notified immediately upon exceptions from currently approved investment policies by the Finance Director. In the event of an emergency situation requiring noncompliance with policy guidelines, the Finance Director shall attempt to schedule a special committee meeting to discuss the proposed action. If a special committee meeting is not possible due to time constraints or scheduling problems, the Finance Director shall individually notify a minimum of three committee members to obtain approval of the proposed action. V. PRUDENCE AND ETHICAL STANDARDS The "prudent person" standard shall be used in the management of the overall investment portfolio. 3 The Finance Director, and other persons performing the investment function, shall act as a "prudent person" in accordance with these written policies and procedures, exercising due diligence and investing in investments authorized by low. The "prudent person" standard is herewith understood to mean the following: Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. VI. AUTHORIZED INVESTMENTS The Clerk of the Circuit Court acting through the Finance Director, or other designee of the Clerk's office, shall purchase or sell investment securities at prevailing market rates, with a preference to par bonds or those at a discount. Authorized instruments are as follows: A. The Local Government Surplus Funds Trust Fund, the State Investment Pool administered by the State Board of Administration, also known as Florida Prime. B. The Florida Local Government Investment Trust, also known as F.L.G.I.T, administered by the Florida Association of Court Clerks and Comptrollers and the Florida Association of Counties. C. Negotiable direct obligations of, or obligations the principal and interest of which are unconditionally guaranteed by, the United States Government. Such securities will include, but not be limited to, the following: 1. Treasury Bills 2. Treasury Notes 3. Treasury Bonds D. Bonds, debentures, notes or other evidence of indebtedness issued or guaranteed by United States agencies provided such obligations are backed by the full faith and credit of the United States Government. Such securities will include, but not be limited to, the following: 1. Farmers Home Administration 2. Government National Mortgage Association (GNMA) 3. Government guaranteed bank debt issued pursuant to the Troubled Asset Relief Program (TARP) 4 E. Bonds, debentures, notes of or other evidence of indebtedness issued or guaranteed by United States Government agencies (Federal Instrumentalities) which are not full faith and credit agencies limited to the following: 1. Federal Farm Credit Bank (FFCB) 2. Federal Home Loan Bank or its district banks (FHLB) 3. Federal National Mortgage Association (FNMA) 4. Federal Home Loan Mortgage Corporation (Freddie-Mocs) F. Non-negotiable interest -bearing time certificates of deposit, money market accounts or savings accounts in financial institutions organized under the laws of the United States, doing business and situated in this state, provided that any such deposits are secured by the Florida Security for Public Deposits Act, Chapter 280, Florida Statutes. G. Repurchase agreements collateralized by Treasury Bills or Notes having a maturity of two (2) years or less. H. Securities and Exchange Commission registered money market funds with the highest credit quality rating from a nationally recognized rating agency. I. Corporate Obligations issued by financial institutions in the FDIC's Temporary Liquidity Guarantee Program (TLGP), which are fully insured by the FDIC and guaranteed by the full faith and credit of the United States Government. J. Corporate Obligations or Corporate Notes of U.S. Corporations with at least two of the following three minimum ratings: A- by Standard b Poor's, A3 by Moody's, or A - by Fitch. K. Commercial paper denominated in United States dollars a" 1 61 1 that is rated, at the time of purchase, —Prime-1 by Moody's and —A-1 by Standard h Poor's (prime commercial paper). If the commercial paper is backed by a letter of credit (—LOC), the long-term debt of the LOC provider must be rated A or better by at least two nationally recognized rating agencies. Investment in derivative products is not authorized. For the purposes of this policy derivative products are defined as financial arrangements whose value are derived from changes in an underlying variable such as a stock, bond, stock index, interest rate index, currency, commodity, etc. Derivative investments include, but are not limited to: futures contracts, options contracts, forward contracts, interest rate swaps, interest rate floor or ceiling contracts, and linked index investments. 5 VIZ. MATURITY AND LIQUIDITY REQUIREMENTS To the extent possible, an attempt will be made to match investment maturities with known cash needs and anticipated cash flow requirements. Investments, including investment pools, of current operating funds shall have maturities of up to five and one- half (5.5) years except the Corporate Obligations. The maximum length to maturity for Corporate Obligations under the Temporary Liquidity Guarantee Program (TLGP) shall be three (3) years and non-TLGP Corporate Obligations or Corporate Notes shall be five (5) years from the date of purchase, The Finance Director and other persons performing the investment function will provide an appropriate mix of maturities to maximize the return on the portfolio while minimizing investment risk. Investment of bond reserves, construction funds, and other non -operating funds shall have a term appropriate to the need for funds, and in accordance with debt covenants, but shall not exceed five and one- half (5.5) years, unless permitted by the terms of the bond documents. A liquidity amount of approximately three (3) months of anticipated disbursements, excluding bond construction payments or other bond payments made from escrow or trust accounts, will be kept in relatively short-term investments. These would include the State Investment Pool (SBA), F.L.G.I.T., money market accounts and Repurchase Agreements, VIII. PORTFOLIO COMPOSITION The following are the guidelines for investments and limits on security issues, issuers, and maturities as established by the County. The Finance Director, or their_ appropriate designee, after consulting with the Clerk of Circuit Court, shall have the option to further restrict or increase investment percentages from time to time based on market conditions. Purchases of investments based on bond covenant requirements shall not be included in the portfolio composition calculation. The allowable maximum percentage requirements The following maximum limits are guidelines established for diversification by instrument: 7 Florida Local Government Surplus Trust Fund 40% N/A N/A Florida Local Government Investment Trust Fund 35% N/A N/A Certificates of Deposit 40% 10% 2 years Treasuries 75% N/A 5.5 years United States Government Agencies 50% 25% 5.5 years Federal Instrumentalities (United States Government Sponsored Agencies) 50% 25% 5.5 years Repurchase Agreement 10% 10% 1 year Money Market Funds 80% 25% N/A Corporate Obligations (Temporary Liquidity Guarantee Program) 50% 25% 3 years Corporate Obligations or Corporate Notes 25% 5% 5 years Commercial Paper 25% 5% i88:270.8ays A. The Local Government Surplus Trust Fund (SBA). 1. A maximum of 40% of the portfolio may be invested in the SBA, however, bond proceeds may be temporarily deposited in the SBA until alternative investments have been purchased and are not a part of this calculation. B. The Local Government Investment Trust fund (F.L.G.I.T.) 1. A maximum of 35% of the portfolio may be invested in (F.L.G.I.T). C. Non-negotiable Interest -Bearing Time Certificates of Deposit 1. A maximum of 40% of the portfolio may be invested in non-negotiable interest bearing time certificates of deposit or savings accounts. 2. The maximum maturity on any certificates shall be no greater than two (2) years from the time of purchase. 7 3. A maximum of 10% of the portfolio may be deposited in the instruments of any one issuer. 0. United States Government Securities 1. A maximum of 75% of the portfolio may be invested in United States Government Securities which are defined as negotiable direct obligations, or obligations the principal and interest of which are unconditionally guaranteed, by the United States Government. 2. The maximum length of maturity of any direct investment in government securities is five and one-half (5.5) years. E. United States Federal Agencies 1. A maximum of 50% of the portfolio may be invested in United States Federal Agency securities which are backed by the full faith and credit of the United States Government. 2. The maximum length of maturity of any direct investment in Federal Agencies Securities five and one-half (5.5) years. 3. A maximum of 25% of the portfolio may be invested in the instruments of any one issuer. F. Federal Instrumentalities 1. A maximum of 50% of the portfolio may be invested in Federal Instrumentalities which are not full -faith and credit United States Government Agencies. 2. The maximum length of maturity of any direct investment in Federal Instrumentalities is five and one-half (5.5) years. 3. A maximum of 25% of the portfolio may be invested in the instruments of any one issuer. G. Repurchase Agreements 1. A maximum of 10% of the portfolio may be invested in repurchase agreements with the exception of one (1) business day agreements and overnight sweep agreements which may go as high as 25%. 8 2. The maximum term of a repurchase agreement will be one (1) year. 3. A maximum of 10% of the portfolio may be invested in the instruments of any one issuer with the exception of one (1) business day agreements and overnight sweep agreements which may go as high as 25%. H. Money Market Funds 1. A maximum of 80% of the portfolio may be invested in institutional money market funds. 2. Money market funds must have an "AAA" rating from Moody's, Standard and Poor's or Fitch. 3. A maximum of 25% of the portfolio may be invested in anyone money market fund. I. Corporate Obligations - Temporary Liquidity Guarantee Program 1. A maximum of 50% of available fund may be directly invested in corporate obligations issued by financial institutions that participate in the FDIC's Temporary Liquidity Guarantee Program (TLGP). 2. A maximum of 25% of available funds may be invested with any one issuer. 3. The maximum length of maturity of any Corporate Obligations - TLGP is three (3) years. J. Corporate Obligations or Corporate Notes 1. A maximum of 25% of available funds may be invested in corporate obligations or corporate notes. 2. A maximum of 5% of available funds may be invested in with any one issuer. 3. The maximum length of maturity of any Corporate Obligations or Corporate Notes is five (5) years. 0 K. Commercial Paper 1. A maximum of 25% of available funds may be directly invested in prime commercial paper. 2. A maximum of 5% of available funds may be invested with anyone issuer. 3. The maximum length to maturity for prime commercial paper shall be "0 270 days from the date of purchase. IX. RISK AND DIVERSIFICATION Assets held shall be diversified to control the risk of loss resulting from the over concentration of assets in a specific maturity, issuer, instrument, dealer, or bank through which these instruments are bought and sold. Diversification strategies within the established guidelines shall be reviewed and revised periodically as necessary by the appropriate management staff. X. AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS The County shall only purchase securities from financial institutions which have offices located within the State of Florida and are qualified as public depositories by the Treasurer of the State of Florida, from primary securities brokers/dealers designated by the Federal Reserve Bank of New York or from secondary brokers/dealers, with an office located in the State of Florida. Such specified brokers/dealers must be reviewed and approved by the Investment Committee and approved by the Board of County Commissioners. Documented lists of the authorized financial institutions and brokers/dealers will be developed and maintained by the Finance Director and approved by the Clerk of the Circuit Court. The restriction on the secondary brokers/dealers with an office located in the State of Florida does not apply to the external investment managers. The purpose is to provide greater flexibility in seeking better pricing and optimize interest income to the County within the guidelines set forth in this policy. L If at any time the Clerk of the Circuit Court is appropriately notified of any threat to the integrity of the investment portfolio, proper security measures may be suggested and implemented, and the Clerk of the Circuit Court shall have the option to further restrict investment in selected instruments, to conform to the then -present market conditions. Repurchase Agreements will be conducted through, and negotiated with primary securities brokers/dealers, or secondary brokers/dealers, or Qualified Public Depository financial institutions. A written Master Repurchase Agreement will be negotiated with any institutions with which the County through the Clerk of the Circuit Court enters into a specific repurchase agreement. XI. THIRD PARTY CUSTODIAL AGREEMENTS The Clerk of the Circuit Court will execute a Third Party Custodial safekeeping Agreement with a commercial bank's trust department which is separately chartered by the United States Government or the State of Florida. All securities purchased and/or collateral obtained by the Clerk of the Circuit Court shall be properly designated as an asset of the County and held in safekeeping by the trust department and no withdrawal of such securities, in whole or in part, shall be made from safekeeping except by an authorized staff member. The Third Party Custodial Safekeeping Agreement shall include letters of authority from the Clerk of the Circuit Court, details as to responsibilities of each party, notification of security purchases, sales, delivery, repurchase agreements, wire transfers, safekeeping and transaction costs, procedures in case of wire failure or other unforeseen mishaps including liability of, each party. XII. MASTER REPURCHASE AGREEMENT The Clerk of the Circuit Court will require all approved institutions and dealers transacting repurchase agreements to execute and perform as stated in the Master Repurchase Agreement. All repurchase agreement transactions will adhere to requirements of the Master Repurchase Agreement. The agreement shall specify that the underlying securities have a market value of at least 103% of the principal balance of the investment. The market value is to be determined on a monthly basis. XIII. BID REQUIREMENT Although in most situations the competitive bid process shall be utilized, there is no obligation to secure competitive bids from all financial institutions and dealer/brokers on the approved list. 11 Rather a decision will be made by the Clerk of the Circuit Court through the Finance Director as to the institutions that have been the most competitive over the preceding weeks and these will be contacted for a bid. After the Clerk of the Circuit Court, through the Finance Director, has determined the approximate maturity date based on the cash flow needs and market conditions and has analyzed and selected one or more optimal types of investments, a minimum of three (3) qualified banks and/or dealers will be contacted and asked to provide bids on the securities in question. 1. Bids will be held in confidence until the highest bid is determined and awarded. 2. Documentation will be retained for all bids, with the winning bid clearly identified. 3. If for any reason the highest interest rate bid was not selected, then the reasons leading to that decision will be clearly indicated on the bid form. 4. If the maturing investment in funds to be invested are from a certificate of deposit, the present holder of the funds issuer of the CD will be one of the contacts made, subject to the portfolio diversification requirements in this policy. 5. In certain circumstances where a dealer or bank informs the County of a potential sale that must be completed within minutes of notification, the competitive bidding policy will be waived. The Clerk of the Circuit Court will have final approval on these particular transactions before they have been completed. 6. Notwithstanding the above, in order to afford financial institutions within St. Lucie County opportunities to enhance the economy of the local area, certificates of deposit may be purchased from an institution as described in Section VI.F provided that the following additional conditions have been satisfied: a. The institution, or a branch office, is located within the boundaries of St. Lucie County. b. The institution has the highest and best bid of all bidding institutions as described in Section VI.F. 12 C. The institution awarded the bid is subject to the portfolio limitation requirements and may not exceed said limitations. d. Financial institutions included on the approved list must be Qualified Public Depositories, as determined by the State of Florida. M. INTERNAL CONTROLS The Clerk of the Circuit Court shall exercise and monitor a set of internal controls to be conducted through the Finance Director. Controls are designed to protect the County's funds and ensure proper accounting and reporting of the securities transactions. The investment policy shall provide for review of such controls by independent auditors as part of any financial audit periodically required of the unit of local government. Such internal controls shall consist of the following; A. All securities purchased or sold will be transferred only under the "delivery versus payment" (D.V.P.) method to ensure that funds or securities are not released until all criteria relating to the specific transaction are met. B. The Clerk of the Circuit Court is authorized to accept, on behalf of and in the name of St. Lucie County, bank trust receipts or confirmations as evidence of actual delivery of the obligation or securities in return for investment of funds. C. Trust receipts or confirmations shall fully describe the various obligations or securities held. The receipt or confirmation shall state that the investment is held in the name of St. Lucie County. D. Written documentation and/or confirmation of telephone transactions and wire transfers will be maintained. E. There will be adequate separation of duties with clear delegation of authority among investment personnel. F. Custodial safekeeping shall be properly utilized. G. Operation review and performance evaluations and reporting, interim and annual, shall be done by the Finance Director. H. There will be an avoidance of no bearer -form securities. 13 I. There will be no physical delivery of securities. J. There will be specific limitations regarding securities losses and remedial action shall be taken as soon as possible. K. A development of a wire transfer agreement with the custodial bank outlining the various controls and security provisions for making and receiving wire transfers sholI be made. L. There is a prohibition of collusion between those making investment decisions and those providing investment services. M. Written dealer confirmation and monthly and/or quarterly custodial account statements shall be maintained. N. Investment policy shall be established by the Board of County Commissioners considering the recommendations of the Investment Committee. All daily investment activity will be coordinated and reviewed by the Finance Director. In the absence of the Finance Director and Clerk of the Circuit Court investment activity must be approved by their designee and later approved by the Finance Director or Clerk of the Court. O. The following positions are designated by the Clerk of the Circuit Court as having the authority to initiate all investment activities: 1. Clerk of the Circuit Court 2. Finance Director 3. All other designees will be at the discretion of the Clerk of the Circuit Court. P. All officials responsible for making investment decisions, or the Finance Director, shall complete B hours of continuing education annually in subjects or courses of study related to investment practices and products. Court. Q. Such additional internal controls as established by the Clerk of the Circuit 14 AGENDA REQUEST ITEM NO. X DATE: 1108113 REGULAR (X) PUBLIC HEARING ( ) LEG. ( ) QUASI ID ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Faye W. Outlaw ff.MP SUBMITTED BY: Administration County Admini�trato , IC A -CA SUBJECT: Supervisor of Elections Contingency Funding BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of Budget Amendment No. 13-001 increasing the Supervisor of Elections 2013 adopted budget from $2,293,764 to $2,598,885. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator, ICMA-CA County Attorney ( ) ACoordination/Signatures Dan McIntyre OMB ( ) Vie Gouin Administration MEMORANDUM TO: Board of County Commissioners (BOCC) FROM: Faye Outlaw, County Administrator, MPA, ICMA- o DATE. January 8, 2013 SUBJECT: Supervisor of Elections Contingency Funding ITEM NO. X At the Board's Informal Meeting this morning, the Board discussed the unanticipated costs that the Supervisor of Elections' Office has incurred since adoption of the 2013 budget. The unanticipated costs total $305,120.31 as per Attachment 1. As per this morning's discussion, the lion share of the unanticipated costs ($299,674.83) is in connection with the 2012 General Election and the remainder of the unanticipated costs ($5,445.48) relate to an employee payout of accrued comp and vacation time. Per Florida Statutes 129.20, the Supervisor of Elections budget may be increased by the Board of County Commissioners to cover expenses for justifiable emergencies and unanticipated expenses. Accordingly, the Supervisor of Elections has requested the Board to approve a budget amendment of $305,121 to cover the subject unanticipated costs. Subsequent to the discussion on the request at the Informal Meeting, there was consensus among the Board to consider the request as an addition on tonight's agenda so that the Supervisor would be in attendance to address any further questions. The Supervisor will not be available on January 15th which is the date the request was scheduled to be heard. Attachment 2 is Budget Amendment No. 13-001 which, if approved by the Board, would increase the Supervisor of Elections 2013 adopted budget from $2,293,764 to $2,598,885, The additional funds would be taken from the general fund contingency account which has a current balance of $1,723,856. Recommendation: Board approval of Budget Amendment No. 13-001 increasing the Supervisor of Elections 2013 adopted budget from $2,293,764 to $2,598,885. BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Supervisor of Elections PREPARED DATE: 1/8/2013 AGENDA DATE: 1/8/2013 of FROM: REASON FOR BUDGET AMENDMENT: To cover THIS AMENDMENT: $305,121 REMAINING BALANCE: $1,418,735 DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: BA13-001 DOCUMENT # & INPUT BY: