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Home My WebLink AboutAgenda Packet 3-19-2013March 19, 2013 9:00 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA 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 r�lor 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 Safety & Risk Manager at (772) 462- 1783 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. March 19, 2013 9:00 A.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucle.fl.us www.stlucieco.org t�116111i11i'nlli�Iilillll�fii(IIIfIliI11111YI'1'1'IrIIli1111II'llllllll�I�il�lll�ltilll'1(IInII�fI0111t1fi1111'1'III'llilti'Il�iililllililll'11�1�I1�Iiilitililiflll�Iltl�lill�Iflllli'Iiltlllill'�iil'1(IIIItII�I{Iliilll Tod Mowery, Chairman District No. 2 Frannie Hutchinson, Vice Chair District No. 4 Chris Dzadovsky Paula A. Lewis Kim Johnson INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES District No.1 District No. 3 District No. 5 Approve the minutes from the March 5, 2013 regular meeting. Approve the minutes from the December 11, 2012 special meeting. IV. PROCLAMATIONSIPRESENTATIONS A. COUNTYATTORNEY Resolution No.13-039 — proclaiming the week of March 17-23, 2013 as "Florida Surveyors & Mappers Week" in St. Lucie County, Florida Consider staff recommendation to adopt Resolution No.13-039 as drafted. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA I.�ri%177e1i•�9 Approve warrant list No. 23 and 24. B. COUNTYATTORNEY Children's Home Society of Florida, Treasure Coast Division — Sixth Amendment to June 22, 1992 Facilities Use Agreement; and Resolution No.13-016 Consider staff recommendation to approve Resolution No.13-016 and the proposed Sixth Amendment to the June 22,1993 Facilities Use Agreement with Children's 2. Resolution No.13-023 — National Navy-UDT Seal Museum Facilities Use Agreement Consider staff recommendation to approve Resolution No. 13-023 — Facilities Use Agreement with the National Navy-UDT Seal Museum and authorize the Chairman to sign Resolution No. 13-023. B. COUNTY ATTORNEY CONTINUED 3. Resolution No. 13-022 — State of Florida, Department of Agriculture and Consumer Services Consider staff recommendation to approve Resolution No. 13-022 — Facilities Use Agreement with the DACS and authorize the Chairman to sign Resolution No.13-022. 4. Resolution No. 13-015 and Tenth Amendment to October 24, 1994 Facilities Use Agreement— Healthy Start Coalition/Kids Connected by Design,117 Atlantic Avenue, Fort Pierce Consider staff recommendation to approve Resolution No. 13-015 and the 10 1h Facilities Use Agreement with the Healthy Start Coalition/Kids Connected by Design and authorize the Chairman to sign the documents as prepared by the County Attorney's Office. 5. Resolution No. 13-018 — and 1s' Amendment to January 19, 2010 Facilities Use Agreement — St. Lucie County Health Access Network Consider staff recommendation to approve Resolution No.13-018 and the 1st Amendment to the Facilities Use Agreement with St. Lucie County Health Access Network and authorize the Chairman to sign the documents as prepared by the County Attorney's Office. 6. Resolution No. 13-017 — Facilities Use Agreement— Treasure Coast Sports Commission Consider staff recommendation to approve Resolution No. 13-017 — Facilities Use Agreement with Treasure Coast Sports Commission and authorize the Chairman to sign the Resolution as prepared by the County Attorney's Office. 7.. Consent to Special Assessment — Collection and Disposal of Residential Solid Waste and Recyclable Materials. Consider staff recommendation to approve the Consent to Special Assessment and authorize the Chairman to sign the Consent. 8. St. Lucie County Health Department — Amendment I to FY 2012-2013 Contract with State of Florida Department of Health Consider staff recommendation to approve proposed Amendment I to the FY 2012-2013 Contract with the State of Florida Department of Health for the operation of the St. Lucie County Health Department, and authorize the Chairman to sign the document. 9. 2013 Economic Development Exemption Application — Investment Casting Specialists of Florida, LLC; Ordinance No.13-010 Consider staff recommendation to accept the report of the Property Appraiser and grant permission to advertise Ordinance No. 13-010 for a public hearing on April 16, 2013 at 9:00 a.m. or as soon thereafter as the item may be heard. 10. Permission to file an Amicus Brief or a Motion to Intervene in all Appeals of Cost of Incarceration as appropriate Consider staff recommendation to authorize the County Attorney's Office to file an Amicus Brief or a Motion to Intervene in all Appeals of Cost of Incarceration as appropriate. B. COUNTY ATTORNEY CONTINUED 11. St. Lucie County v. Gametime/Dominica Recreation Products, Inc. - Proposed Settlement Agreement Consider staff recommendation to conceptually approve the proposed settlement agreement. 12. Reorganization of Criminal Justice Programs Consider staff recommendation to approve the restructuring of the Pretrial and Lab position responsibilities and salary adjustments. 13. Request for Proposals (RFP) No. 13-001 — Phase I and Phase II Environmental Site Assessments, Wetland Delineations and other Biological Monitoring Services Consider staff recommendation to approve to award RFP No. 13-001, Phase I and Phase II Environmental Site Assessments, to Dunkelberger Engineering of Port St. Lucie, Hobe Sound Environmental of Hobe Sound and Land Design South of Port St. Lucie and authorize the Chairman to sign the documents as prepared by the County Attorney. 14. Road Impact Fee Credit Agreement 13-001— Love's Travel Stop Consider staff recommendation to approve the Road Impact Fee Credit Agreement 13- 001 with Love's Travel Stops & Country Stores, Inc., authorize the Chairman to sign the Agreement and direct staff to record the Agreement in the Public Records of St. Lucie County, Florida. 15. House Bill 355/Senate Bill 756 Related to the Department of Transportation - Shared Broadband Networks Consider staff recommendation to grant permission for the Chairman to sign the attached Letters of Support for both the House and Senate Version of this bill. PARKS, RECREATION & FACILITIES Parks & Special Facilities Division: 1. Inmate Labor Contract Consider staff recommendation to approve the Florida Department of Corrections Inmate Labor contract as outlined in the agenda memorandum and authorize the Chairman to sign the documents as approved by the County Attorney. Facilities Division: 2. Award RFQ No.13-004 for the cleaning of environmental air systems and equipment Consider staff recommendation to approve to award RFQ No. 13-004 to sole proposer, Pure Air Control Services, Inc. as outlined in the agenda memorandum and authorize the Chairman to sign documents as approved by the County Attorney. C. PARKS, RECREATION & FACILITIES CONTINUED E. Tourism & Venues Division: 3. First Amendment to the Interlocal Agreement with the City of Fort Pierce for Installation and Maintenance of Kiosks at Boat Ramps Consider staff recommendation to approve the First Amendment to the Interlocal Agreement with the City of Fort Pierce for Installation and Maintenance of Kiosks at Boat Ramps as prepared and approved by the County Attorney. MOSQUITO CONTROL & COASTAL MANAGEMENT SERVICES Acceptance of grant from St. John's River Water Management District Consider staff recommendation to accept a St. John's River Water Management District grant in the amount of $35,000 and authorize the Chairman to sign the agreement as approved by the County Attorney. COMMUNITY SERVICES Resident Support Services Division: 1. Community Services Block Grant (CSBG) Modification FYI Consider staff recommendation to approve the modification for the Community Services Block Grant, Budget Resolution 13-044, Equipment Request EQ13-067 and authorize the Chairman to sign all documents as approved by the County Attorney. Housing Division: 2. St. Lucie Habitat for Humanity Community Housing Development Organization (CHDO), Inc. Agreement Consider staff recommendation to approve the agreement between St. Lucie County HOME Consortium and St. Lucie Habitat for Humanity CHDO, Inc., and authorize the Chairman to sign the agreement as approved by the County Attorney. 3. Approval to reject Invitation to Bid (ITB) No. 1 under State Housing Initiative Partnership (SHIP) and Residential Construction Mitigation Program (RCMP) grants Consider staff recommendation to approve to reject and re -bid SHIP/RCMP ITB No.1 PUBLIC WORKS Engineering Division: 1. Lennard Road Connection to Bromeliad Circle Design Consider staff recommendation to approve Work Authorization No. 1 to the Roadway and Intersection Design continuing contract (C12-05-508) with Kimley-Horn and Associates, Inc. in the amount of $96,825 for the Lennard Road Connection to Bromeliad Circle Design and authorize the Chairman to sign documents as approved by the County Attorney. 2. South Header Canal Road at North St. Lucie River Water Control District Canal Nos. 76 and 7 Culvert Sleeving Project Consider staff recommendation to approve the Capital Improvement Program (Request #13-045) to include the culverts under South Header Canal Road at the Connections of NSLRWCD Canal Nos. 76 and 77, respectively. VII. PUBLIC HEARINGS A. COUNTY ATTORNEY Ordinance No. 13-012 — Establishing procedures for processing requests for reasonable accommodation pursuant to Title II of the Americans with Disabilities Act and the Fair Housing Act from the County's unified Land Development Code. No action is required at this time. A second reading of the proposed Ordinance is scheduled for Tuesday, April 2, 2013 at 6:00 p.m. or as soon thereafter as may be heard. B. COUNTYATTORNEY Code Enforcement Cases — Unsightly and Unsanitary Conditions — Causing Serious Threat to Public Safety: Case No. 74969 — 6204 Deleon Avenue, Fort Pierce — Public Nuisance — Excessive overgrowth of weeds Case No. 74968 — 8408 Fort Pierce Blvd., Fort Pierce — Public Nuisance — Excessive overgrowth of weeds. Case No. 74732 — 380 Midway Road, Fort Pierce — Public Nuisance — Excessive overgrowth of weeds. Consider staff recommendation to authorize Staff to abate the violations by mowing and maintaining the Properties at all three locations for excessive overgrowth of grass and weeks and place liens on the Properties for the cost. C. COUNTY ATTORNEY Code Enforcement Cases — Unsightly and Unsanitary Conditions — Causing Serious Threat to Public Safety: Case No. 75369 — 2683 Cherokee Ave, Fort Pierce — Public Nuisance — Excessive overgrowth of grass and weeds; and Exterior Property Maintenance Code — Unsecured windows and doors. Case No. 75401— 818 Camino Street, Port St. Lucie — Public Nuisance — Excessive overgrowth of grass and weeds. Consider staff recommendation to authorize staff to abate the violations by mowing and maintaining the Properties at both locations for excessive overgrowth of grass and weeds, and secure the windows and doors from unintended entry at 2683 Cherokee Avenue, Fort Pierce, and place a lien on both Properties for the cost. REGULAR AGENDA Vill. ANNOUNCEMENTS New York Mets spring training runs through March 29t' at Tradition Field the St. Lucie County Sports Complex, located at 527 NE Peacock Blvd, Port St. Lucie. For tickets call 772-871-2115 or visit: www.mets.com. 2. A Port of Fort Pierce Master Plan Public Workshop will be held on Saturday, March 23, 2013 from 9:00 a.m. —1:00 p.m. at the Havert L. Fenn Center, 2000 Virginia Ave., Fort Pierce. 3. The Board of County Commissioners will hold a Workshop to discuss issues relating to Inlet Maintenance Dredging at the Port of Fort Pierce on Tuesday, March 26, 2013 at 9:30 a.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. Vill. ANNOUNCEMENTS CONTINUED 4. An Informal Meeting of the Sustainability District will be held on Tuesday, April 9, 2013 at 1:30 p.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 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 record 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 testilying 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 Safety & Risk Manager at (772) 462-1783 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. MOSQUITO CONTROL DISTRICT www.co.st-lucie.fl.us www.stlucleco.org IIIIIIIIIiIlllllili'IIIf IIIIIII6iihl'fill'ill'IiIIIiIIiIEIillliilli9l'llililllll(IIiIII%Illf6il Tod Mowery, Chairman District No. 2 Kim Johnson, Vice Chairman District No. 5 Chris Dzadovsky District No.1 Paula A. Lewis District No. 3 Frannie Hutchinson District No. 4 MINUTES Approve the minutes from the February 19, 2013 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 21, 22, 23 and 24. B. MOSQUITO CONTROL & COASTAL MANAGEMENT SERVICES Approval of Budget Resolution No.13-003 Consider staff recommendation to approve Budget Resolution No.13-003 for a St. John's River Water Management District grant in the amount of $35,000 and authorize the Chairman to sign the resolution as approved by the County Attorney. 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 record 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 swom 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 Safety & Risk Manager at (772) 462-1783 or Too (772) 462-1428 at least forty-eight (48) hours prior to the meeting. EROSION DISTRICT www.co.st-lucle.fl.us wvvw.stiucleco.org Frannie Hutchinson, Chair District No. 4 Paula A. Lewis, Vice Chair District No. 3 Chris Dzadovsky District No.1 Tod Mowery District No. 2 Kim Johnson District No. 5 MINUTES Approve the minutes from the February 19, 2013 meeting. IL GENERAL PUBLIC COMMENT III. CONSENTAGENDA A. WARRANTS Approve warrant list No. 21, 22, 23 and 24. B. MOSQUITO CONTROL & COASTAL MANAGEMENT SERVICES South County Beach & Dune Restoration Project Consider staff recommendation to approve of 1) Amendment No. 1 to Work Authorization No. 8 (C08-12-6330 with Coastal Technology and 2) Amendment No. 1 to FDEP Project Agreement 13SL1 and authorization for the Chair to sign documents as approved by the County Attorney. 2. South County Beach & Dune Restoration Project Consider staff recommendation to approve Change Order No. 1 with Great Lakes Dredge and Dock Company, LLC, increasing the contract amount by $998,945, increasing the number of contract days to correspond to the additional work and authorize the Chair to sign documents as approved by the County Attorney. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. 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'�' m U E z '^ '^ l7 O E a E c a z E E E om v z o Q U N U c WUj w > Ln c a u 3 L 3 o U N O c Om -O N N c L Y G E N U) a Y Ul c U N s O p + T t O c -O Y c L a'' J a) U) LL L c O O U N ) m Q N L v� O — > c L d 3 m Y Y 3 = m L Q U N Q > Q O U) U) L S p O C Y Y N O m O_ O > d E O O U) U) C W O 3 C p 3 z a ri c U L ^ aN+ c E c E a E O a v c Y m +c+cu O 'm m Y Cc)O U U) bU vLU L c C c m Y N N O '� u 0 s U @ L p a LL OQ U) em-I L o a U) L O U .� O N O L i } N ^ t c 00 U O CL O N a M v z Ln I, Q L c E to i 3 E v O U M) ei N N R u n A . § q¥ LLI ,=3■ k) k d0aa (■ƒ( } )�0 aj 0 | o )}7 E 7§ CL §0 §\ )fm ]] 0M c% Ga=e RRR2 d/\ m ] |W\ k/�E M Ln k) )mEm o as §£a/ƒ a/} \ \\\ 0 =e °°7 / ai (A {0E - Ej _ u0c -� -® +� �k _ 2\ CC \! \\ \�} \> \ c a2` / ) / 2 E )§_ _ j u ) & g = / + \ � } u ) 5 w _ { § / \ \ \ \ \ \ § § 0 E u \ \ \ E ) § - )Ln ) ( % 7 a \ \ 7 \ \ § \ ± ! § ° B z {}{ [/$§ - R z $ / \ \ < Q m j \ \ \ \ \ § / ) { § w r ± _ ,a e r 7 { 3 u AGENDA REQUEST TO: BOARD OF COUNTY SUBMITTED BY(DEPT): County Attorney ITEM NO. IV -A DATE: March 19, 2013 REGULAR [x ] PUBLIC HEARING [ ] CONSENT[] PRESENTED BY: Daniel S. McIntyre County Attorney SUBJECT: Resolution No.13-039 - proclaiming the week of March 17-23, 2013 as "FLORIDA SURVEYORS & MAPPERS WEEK" in St. Lucie County, Florida. The president of the local Florida Surveying & Mapping Chapter, has requested that this Board proclaim the week of March 17-23, 2013 as "FLORIDA SURVEYORS & MAPPERS WEEK" in St. Lucie County, Florida. The attached Resolution No. 13-039 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adoptthe attached Resolution No. 13-039as drafted. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED [ ] OTHER: Faye W. Outlaw, MPA County Administrator, ICMA-CM Review and Approvals [X] County Attorney:_ Daniel S. McIntyre RESOLUTION NO. 13-039 A RESOLUTION PROCLAIMING THE WEEK OF MARCH 17-23, 2013 AS "FLORIDA SURVEYORS & MAPPERS WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Surveyors and mappers are counted among the founding leaders of our country and were instrumental in the formation of the layout of property boundaries in the United States which have provided our citizens the enjoyment of property ownership. 2. George Washington, ThomasJefferson and otherformer Presidents of the United States, served their fellow colonists as surveyors. 3. The citizens of Florida recognize the valuable contributions of thesurveyingand mapping profession to history, development, and quality of life in Florida and the United States of America and make important decisions based on the knowledge and expertise of licensed surveyors and mappers. 4. The surveying and mapping profession requires special education, training, the knowledge of mathematics, the related physical and applied sciences, and requirements of law for evidence. 5. Surveyors and mappers are uniquely qualified and licensed to determine and describe land and water boundaries for the management of natural resources and protection of private and public property rights. 6. The continual advancements in instrumentation have required the surveyor and mapper not only to be able to understand and implement the methods of the past, but also to learn and employ modern technology In finding solutions to meet the challenges of the future. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the week of March 17 through 23, 2013, as "FLORIDA SURVEYORS & MAPPERS WEEK" In St. Lucie County, Florida. 2. This Board recognizes the many contributions and the ongoing dedication of surveyors and mappers to the citizens of St. Lucie County, Florida and the United States. PASSED AND DULY ADOPTED this 19th day of March 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTYATTORNEY Kel &14 ni 03/08/13 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #23- 02-MAR-2013 TO O8-MAR-2013 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 2,115,989.48 0.00 001009 Gen -One Time Funding 18,794.75 0.00 001450 FCTD Planning Grant 59.30 0.00 001451 FDEM Emergency Preparedness FY 13 7.34 0.00 001452 DEM RCMP 2012-2013 3,062.62 0.00 001512 Neighborhood Stabilization Program 158.22 0.00 001519 CDBG FY 2008 Disaster Recovery 113.04 0.00 001534 Metropolitan Planning/Section 5303 639.18 0.00 001538 HUD Neighborhood Stab 3 23,701.65 0.00 001539 Safe Routes to School Program 91.02 0.00 001544 CDBG Disaster Recov Enhanc Prog 7,257.94 0.00 001545 HUD Shelter Plus Care Grant 29.49 0.00 001546 HUD Shelter Plus Care Grant 28.86 0.00 001547 112 MPO FHWA Planning Grant 1,529.62 0.00 001549 Community Services Block Grant 2013 154.92 0.00 001550 HUD Shelter Plus Care 32.91 0.00 101 Transportation Trust Fund 4,219.89 0.00 101002 Transportation Trust/80% Constitut 19,166.87 0.00 101003 Transportation Trust/Local Option 9,455.51 0.00 101004 Transportation Trust/County Fuel Tx 21,019.13 0.00 102 Unincorporated Services Fund 7,789.84 0.00 102001 Drainage Maintenance MSTU 6,681.14 0.00 102812 Paradise Park Stormwater Ph 3 1,550.80 0.00 107 Fine & Forfeiture Fund 3,440,394.31 0.00 107001 Fine & Forfeiture Fund -Wireless Sur 9,573.07 0.00 107002 Fine & Forfeiture Fund-E911 Surchar 1,968.13 0.00 107003 Fine & Forfeiture Fund-800 Mhz Oper 2,443.34 0.00 107004 F&F Fund -Driver's Ed Safety 224,250.00 0.00 107006 F&F Fund -Court Related Technology 1,535.21 0.00 III River Park I Fund 3,023.28 0.00 112 River Park II Fund 713.15 0.00 113 Harmony Heights 3 Fund 229.96 0.00 114 Harmony Heights 4 Fund 531.55 0.00 116 Sunland Gardens Fund 576.66 0.00 117 Sunrise Park Fund 141.80 0.00 119 Holiday Pines Fund 796.51 0.00 120 The Grove Fund 206.27 0.00 122 Indian River Estates Fund 958.69 0.00 123 Queens Cove Lighting Dist#13 Fund 363.92 0.00 126 Southern Oak Estates Lighting 143.70 0.00 127 Pine Hollow Street Lighting MSTU 461.29 0.00 128 Kings Hwy Industrial Park Lighting 571.93 0.00 129 Parks MSTU Fund 38,455.85 0.00 130 SLC Public Transit MSTU 107.09 0.00 130102 FTA 5307-ARRA 2009 Capital Projects 1,495.44 0.00 130105 FTA 5307-2 2009 Cap & Oper 747.72 0.00 130109 FTA 5307 Capital and Operating 747.72 0.00 130113 FTA 5307 FY2011 107.09 0.00 03/08/13 FZABWARR FUND TITLE 130114 130214 136 138 139 140 140376 150 160 183 183004 183006 185012 189101 189103 189105 189106 189203 190 216 310001 401 418 451 458 471 478 479 491 505 505001 505002 611 615 625 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #23- 02-MAR-2013 TO 08-MAR-2013 FUND SUMMARY FTA 5307 FY 2013 FCTD Trip Grant 2012/2013 Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Palm Grove Fund Airport Fund FDOT New Port Ent 2nd street Imp Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Admin.- Teen Court Guardian Ad Litem Fund FHFA SHIP 2010-2011 Home Consortium FY 2008 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 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 Law Library Bank Fund GRAND TOTAL: EXPENSES 134.68 31,881.00 2,082.42 289.15 889.62 1,517.74 1,900.00 157.80 8,941.05 8,297.16 2,181.80 753.58 37.20 150.00 39.01- 291.62 373.04 55.78 32,529.16 11,140.19 43.32 411,897.43 24,849.03 560.15 68.91 95,964.45 113.85 120.17 4,101.73 151,753.09 16,770.55 340.56 1,530.31 6,281.28 3,619.11 59,949.38 6,853,604.50 PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 796.80 0.00 0.00 0.00 0.00 0.00 0.00 796.80 2 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B1 DATE: March 19, 2013 REGULAR [ ] PUBLIC HEARING [ ] CONSENT[x] PRESENTED BY: Katherine Barbieri Assistant County Attorney SUBJECT: Children's Home Society of Florida, Treasure Cost Division - Sixth Amendment to June 22, 1993 Facilities Use Agreement; and Resolution 13-016 BACKGROUND: See attached memorandum No. 13-0119 RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Resolution No. 13-016 and the proposed Sixth Amendment to the June 22,1993 Facilities Use Agreement with Children's Home Society of Florida, Treasure Coast Division and authorize the Chairman to sign Resolution No. 13-016 and the Sixth Amendment. COMMISSION ACTION: CONCURRENCE: [ j APPROVED [ ] DENIED [ ] OTHER: Faye W. Outlaw, MPA County Administrator, ICMA-CM Review and Approvals [X] County Attorney:�s � Parks, Recreation & Facilities Services Dame" I5. McWire Edward Matthews 4k ti>y INTER -OFFICE MEMORANDUM COUNTY ATTORNEYS OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Barbieri, Assistant County Attorney C.A. NO: 13-0119 DATE: March 19, 2013 SUBJECT: Children's HomeSocietyofFlorida, Treasure Cost Division -Sixth Amendment to June 22,1993 Facilities Use Agreement; and Resolution 13-016 BACKGROUND: On June 22,1993, the County entered Into a Facilities Use Agreement with the Children's Home Society of Florida, Treasure Cost Division, forthe use of the County's facility located at 4520 Selvitz Road. Attached to this memorandum is Resolution No.13-016 and a Sixth Amendment to the Facilities Use Agreement, which would extend the term for an additional three (3) years through and includingJune 30, 2016, subject to further extensions as agreed to by the Parties. The Agreement may be terminated by either party without cause upon ninety (90) days prior written notice. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners approve Resolution No.13-016 and the proposed Sixth Amendment to the June 22,1993 Facilities Use Agreementwith Children's Home Society of Florida, Treasure Coast Division and authorize the Chairman to sign Resolution No. 13-016 and the Sixth Amendment. KB/cb Encl. I:\CBHDr *\A4eMaMemo-6B{hRdmnsHS Wty&Rm.l3 16.wpd Respectfully submitted, IV Katherine Barbieri Assistant County Attorney SIXTH AMENDMENT TO JUNE 22, 1993 FACILITIES USE AGREEMENT THIS SIXTH AMENDMENT is dated this_ day of 2013, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County", and CHILDREN'S HOME SOCIETY OF FLORIDA, TREASURE COAST DIVISION, hereinafter referred to as "CHS", WITNESSESTH: WHEREAS, the parties entered into a Facilities Use Agreement on June 22, 1993, hereinafter referred as the "Agreement", for the use of the County -owned facility located at 4520 Selvitz Road, Fort Pierce Florida, hereinafter referred to as the "facility"; and, WHEREAS, on October 24, 2000, the parties entered into a First Amendment to the Agreement to extend the term through and including June 30, 2001, and further provided for CHS to assume responsibility for maintenance of the facility; and, WHEREAS, on April 21, 2001, the parties entered into a Second Amendment to the Agreement to extend the term through and including June 30, 2002, and provided for three additional one year renewals; and, WHEREAS, on March 8, 2005, the parties entered into a Third Amendment which extended the term through and includingJune 30, 2005, and further provided for additional one year renewals as agreed; and, WHEREAS, on November 17, 2006, the parties entered into a Fourth Amendment which extended the term through and including June 30, 2011, and further provided for additional one year renewals as agreed; and, WHEREAS, on September 20, 2011, the parties entered into a Fifth Amendment which extended the term through and including June 30, 2013; and, WHEREAS, CHS has continuously occupied the facility since 1993 and desires to continue to do so; and, WHEREAS, the parties desire to further a mend the Agreement to extend the term of the Agreement through and including June 30, 2016. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the June 22, 1993 Agreement, as previously amended, as follows: 1. Paragraph 3. TERM is hereby amended to read as follows: 5.G4TT'\AGREEM"IXFAC-USE\Chlldr niH me Wty-M.wpd 4- 3. TERM The term of this Agreement shall be for the period beginning July 1, 1993 through and including June 30, 2016, unless otherwise terminated as provided herein. The term of this Agreement may be renewed for additional three year periods, upon the same terms and conditions. 2. Except as amended, the remaining terms and conditions of the June 22,1993 agreement, as previously amended, shall remain in full force and effect. IN WITNESS WHEREOF, the County has hereunto subscribed and CHS has affixed his, its, or their names, or name, and seal the date aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: CHILDREN'S HOME SOCIETY OF FLORIDA, TREASUR E COAST DIVISION BY: I NAME: ial lw� n E, TITLE: • �t �� >`� At- qv S:\ATrY�AGREEMNT%FAC-USE\ChMd .'s Hpn Wey-EA.wpd -2- RESOLUTION NO. 13-016 A RESOLUTION ALLOWING CHILDREN'S HOME SOCIETY OF FLORIDA, TREASURE COAST DIVISION, A NOT FOR PROFIT CORPORATION, THE USE OF SPACE AT 4520 SELVITZ ROAD, FORT PIERCE, FORA RESIDENTIALCHILD CARE SHELTER; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Children's Home Society of Florida, Treasure Coast Division, a not for profit organization (the "Society"), has requested the use of 4520 Selvitz Road, Fort Pierce, Florida (the "Site") for a residential child care shelter; and WHEREAS, Section 125.38, Florida Statutes requires that any not for profit organization wishing to use any real or personal property that may be owned by any county or this state or by its board of county commissioners, for public or community interest and welfare, may apply to the Board of County Commissioners for a conveyance or lease of such property; and WHEREAS, Section 125.38 further states that if it is determined by the Board of County Commissioners that such property is required for such use and is not needed for County purposes, the Board can allow the use of such property; and WHEREAS, the Society and the County desire to make the subject property available to the Society for a residential childcare shelter. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board does hereby grant permission to use the site to operate a residential child care shelter. The property records card showing the location of the Site leased to Society is attached hereto and made a part hereof as Exhibit "A." 2. The term of this use shall be for a three-year period, which may be renewed for additional periods of three (3) years with Board of County Commissioners approval, unless otherwise terminated. After motion and second, the vote on this resolution was as follows: Chairman Tod Mowery XXX Vice Chair Frannie Hutchinson XXX Commissioner Chris Dzadovsky XXX Commissioner Paula A. Lewis XXX Commissioner Kim Johnson XXX PASSED AND DULY ADOPTED this day of 2013, ATTEST: Deputy Clerk BOARD OF COUNTY COMMI' ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Property Appraiser - St.Lucie County, FL PROPERTY RECORD CARD Page 1 of 1 St Lucie County Record: 1 of 1 c<Prev Next» Spec.Assmnt Taxes Exemptions Permits Home Print Property Identification Site Address: 4520 SELVITZ RD ParcellD: 2432.332-0001-000-0 Vi101E 00G2, SecfTown/Range: 32 :358 :40E Account #: 32999 Map ID: 24131N Use Type: COUNTIES Zoning: I City/Cnty: St Lucie County Ownership and Mailing Legal Description Owner: St Lucie County Bdckhaven Enterprises Inc 32 3540 N 200 FT OF NW 114 OF SW 1/4 OF SW 1/4-LESS W 50 FT- (2.79 AC) Address: 2300 Virginia Ave Fort Pierce FL 34982-5632 Sales Informatlon Assessment 2012 Total Land and Building Date Price Code Deed Book/Page 2012 Final: 208200 Land Value: 46100 Acres: 2.79 1/1/1900 0 / Assessed: 208200 Building Value: 162100 Ag.Credn: 0 Finished Area: 4450 SgFI Exempt: 208200 Taxable: 0 Taxes: 0 BUILDING INFORMATION w.w.u.. No Image NIM Exterior Features Yew: - RoofCover: ExtType: HD -HD YearBlt: Grade: D-D EfIYrBit: StoryHght: 0010-1 Story No.Units: Interior Features BedRooms: 0 FullBalh: 1 1/2Bath: 0 %A/C: 100 Special Features and Yard Items Type CNC2 - CONCRETE LOW FEN4 - CHAINLINK 4' BARB - BARB WIRE Eleciric: HeatType: HeatFuel: %Heated: Y/S Qty. Units Qual. Cord. Y 1 6000 AV AV Y 1 672 AV AV Y 1 672 AV AV Available TG - Tar & Gravel RoofStruct: GA - Gable 1971 Frame: - 1977 PrimeWall: BS-CB Stucco Sedwall: MX-MAXIMUM PrmintWall: DW- Drywall FHA - FfcdHotAir AvgHUFI: STD ELEC- Electric Prm.Flors: TZ- Terrazo 100 %Sprinkled: 0 Land Information Wall. No. Use Type Type Measure 1977 1 8600-COUNTIES 545-Acres 1.15 1977 2 8600-COUNTIES 210-Front Ft 200 1977 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED. EXHIBIT ,,A Depth 200 http://www.paslc.org/pasle/prc.asp?prclid=243233200010000 2/11/2013 TO: BOARD OF COUNTY SUBMITTED BY(DEPT): SUBJECT: BACKGROUND: AGENDA REQUEST County Attorney ITEM NO. VI-82 DATE: March 19, 2013 REGULAR[ ] PUBLIC HEARING [ ] CONSENT [xI PRESENTED BY: Katherine Barbieri Assistant County Attorney Resolution 13-023- National Navy-UDTSeal Museum Facilities Use Agreement See attached memorandum No. 13-0183 RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Resolution No.13-023 - Facilities Use Agreement with the National Navy-UDT Seal Museum and authorize the Chairman to sign Resolution No. 13-023. COMMISSION ACTION: [ ] APPROVED [ J DENIED [ J OTHER: CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM Review and Approvals [X] County Attorney: rm a m Parks, Recreation & Facilities Services Daniell. McIntyre Edward Matthews u�tieI INTER -OFFICE MEMORANDUM COUNTY ATTORNEYS OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Barbieri, Assistant County Attorney C.A. NO: 13-0183 DATE: March 19, 2013 SUBJECT: Resolution 13-023-National Navy-UDTSeal Museum Facilities Use Agreement On August 11, 2009, the County entered into a Facilities Use Agreement with the Navy UDT-Seal Museum, for the use of the County's facility located at 3855 South US 1, Fort Pierce. Attached to this memorandum is Resolution No. 13-023 granting permission to use the site for storage space. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners approve Resolution No.13-023 - Facilities Use Agreement with the National Navy-UDT Seal Museum and authorize the Chairman to sign Resolution No. 13-023. KB/cb Encl. 1.\CB N DsWe�ftaMaNlemcK&Nrvy-UDT Ms. 13-023.wpd Respectfully submitted, Katherine Barb eri Assistant County Attorney RESOLUTION NO. 13-023 A RESOLUTION ALLOWING THE NATIONAL NAVY-UDT SEAL MUSEUM, A NOT FOR PROFIT CORPORATION, THE USE OF 600 SQUARE FEET, SECURE INDOOR CLIMATE -CONTROLLED STORAGE SPACE AT 3855 SOUTH U.S. HIGHWAY 1, FORT PIERCE, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the National Navy UDT-Seal Museum, (the "UDT-Seal'), has requested the use of 600 square feet at 3855 South U.S. Highway 1, Fort Pierce, FL (the "Site") for storage space; and WHEREAS, Section 125.38, Florida Statutes requires that any not -for -profit organization wishing to use any real or personal property that may be owned by any county or this state or by its board of county commissioners, for public or community interest and welfare, may apply to the Board of County Commissioners for a conveyance or lease of such property; and WHEREAS, Section 125.38 further states that if it is determined by the Board of County Commissioners that such property is required for such use and is not needed for County purposes, the Board can allow the use of such property; and WHEREAS, the Department and the County desire to make the subject property available to the Department for storage space. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board does hereby grant permission to use the site for storage space. A description showing the location of the Site leased to the UDT-Seal is attached hereto and made a part hereof as Exhibit „A 2. The term of this use shall be until August 11, 2014, unless otherwise terminated as provided for in the Agreement. The term of the Agreement may be renewed upon mutual agreement of the parties upon the same terms and conditions. After motion and second, the vote on this resolution was as follows: Chairman Tod Mowery XXX Vice Chair Frannie Hutchinson XXX Commissioner Chris Dzadovsky XXX Commissioner Paula A. Lewis XXX Commissioner Kim Johnson XXX PASSED AND DULY ADOPTED this _ day of 2013. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Regan s Additional Center storai for UDT ATTACHMENT Z _ -._ all ears rauw 'a+ma rtroa taws n.oaxu Nors�ua �waagNf�t,a — 'adtzt{xraaa ssaox aTTgn7 d 1ll Olbl'JNIOIi(19 v�xoZ�n[no� �I�n7_aN�vs_ I. CY4 nrecrwm emos,wvs I 3 c� w mom 12 e fy :0, U f .r 1=9 0 � a� >mi EXHIBIT u A Ir a AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): SUBJECT: BACKGROUND: County Attorney ITEM NO. VI-B3 DATE: March 19, 2013 REGULAR[] PUBLIC HEARING [ J CONSENT[xJ PRESENTED BY: Katherine Barbieri Assistant County Attorney Resolution 13-022 -State of Florida, Department of Agriculture and Consumer Services See attached memorandum No. 13-0184 RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Resolution No.13-022 - Facilities Use Agreement with the DACS and authorize the Chairman to sign Resolution No.13-022. COMMISSION ACTION: [ ] APPROVED [ J DENIED [ ] OTHER: CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM Review and Approvals [X] County Attorney: -)k in o rn Parks, Recreation & Facilities Services Danle 5. McIntyre Edward Matthews kci,& — `t owl INTER -OFFICE MEMORANDUM COUNTY ATTORNEYS OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Barbieri, Assistant County Attorney C.A. NO: 13-0184 DATE: March 19, 2013 SUBJECT: Resolution 13-022 -Stateof Florida, Department of Agricultureand Consumer Services BACKGROUND: On June 13, 2005, the County entered into a Facilities Use Agreement with the State of Florida, Department of Agriculture and Consumer Services (DACS), for the use of the County's facility located at 15601 West Midway Road, Fort Pierce. Attached to this memorandum is Resolution No. 13-023 granting permission to use the site for State Forestry purposes. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners approve Resolution No.13-022 - Facilities Use Agreement with the DACS and authorize the Chairman to sign Resolution No. 13- 022. KB/cb Encl. I:\CBNbr .\A,.q.M..,KB-N.r UDT Res. 13 23..,d Respectfully submitted, Katherine Barbieri Assistant County Attorney RESOLUTION NO.13-022 A RESOLUTION ALLOWING THE STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, THE USE OF A PARCEL OF LAND AT THE ST. LUCIE COUNTY FAIRGROUNDS, 15601 WEST MIDWAY ROAD, FORT PIERCE, FLORIDA, AS FURTHER DESCRIBED IN EXHIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the State of Florida Department of Agriculture and Consumer Services (the "Department"), has requested the use of space atthe St. Lucie County Fairgrounds, 156West Midway Road, Fort Pierce, FL, as further described in Exhibit "A" attached, (the "Site") for State Forestry purposes; and WHEREAS, Section 125.38, Florida Statutes requires that any state agency wishing to use any real or personal property that may be owned by any county or this state or by its board of county commissioners, for public or community Interest and welfare, may apply to the Board of County Commissioners for a conveyance or lease of such property; and WHEREAS, Section 125.38 further states that if it is determined by the Board of County Commissioners that such property is required for such use and is not needed for County purposes, the Board can allow the use of such property; and WHEREAS, the Department and the County desire to make the subject property available to the Department for Forestry purposes. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St, Lucie County, Florida: 1. The Board does hereby grant permission to use the site for State forestry purposes. A description showing the location of the Site leased to the Department is attached hereto and made a part hereof as Exhibit "A." 2. The term of this use shall be for a twenty-year period beginning on March 7, 2005, unless otherwise terminated as provided for i n the Agreement. The term of the Agreement may be renewed upon mutual agreement of the parties upon the same terms and conditions. After motion and second, the vote on this resolution was as follows: Chairman Tod Mowery XXX Vice Chair Frannie Hutchinson XXX Commissioner Chris Dzadovsky XXX Commissioner Paula A. Lewis XXX Commissioner Kim Johnson XXX PASSED AND DULY ADOPTED this _ day Of 2013, ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney EXHIBIT "A" A PARCELOF LAND LYING IN SECTION 12, T-36-S, R-38-E, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE EAST RIGHT OF WAY LINE OF PEACOCK ROAD AND THE NORTH LINE OF SECTION 12, T-36-S, R-38-E, THENCE S 00006'0311 W ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 950.14' FEET TO THE POINT OF BEGINNING; THENCE S 89054'51"E A DISTANCE OF 361.49' FEET; THENCE S 00006'03" W A DISTANCE OF 361.49' FEET TO A POINT ON THE SOUTH LINE OF THE NORTH '% OF THE NORTHEAST Y4 OF SECTION 12; THENCE N S 89"54'5111 W ALONG SAID SOUTH LINE OF THE NORTH Y: OF THE NORTHEAST Y4 A DISTANCE OF 361.49' FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF PEACOCK ROAD; THENCE N 00606'03" E ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 361.49' FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 3.0 ACRES MORE OR LESS. LEGAL DESCRIPTION OF FBF LEASE From the corner common to Sections 21. 22, 27 and 28 in Township 35 South, Range 40 East, St. Lucie County, Florida; run South 00°04'30" West, along the line dividing said Sections 27 and 28 a distance of 90.00 feet to a point on the south Right -of -Way line of Edwards Road; thence North 88°54'30" West along said Right -of -Way line a distance of 755.44 feet to a steel axle and the Point of Beginning of the lands herein described: From said Point of Beginning run South 00"04'30" West a distance of 400.00 feet to a steel shaft; thence North 88"54'30" West a distance of 400.00 feet to a steel shaft on the east Right -of -Way line of existing County Road; thence North 00°04'30" East along said Right -of -Way line a distance of 400.00 feet to a steel axle on the south Right -of -Way line of Edwards Road; thence South 88'54'30" East along said south Right -of -Way line of Edwards Road a distance of 400.00 feet to the Point of Beginning. Less and except the North 15.00 feet; and less and except the West 212.00 feet of the South 124.00 feet; and less and except the North 260.94 feet of the South 384.94 feet of the West 162,00 feet. Said parcel containing 1,96 acres. EXHIBIT 'A" 9 AGENDA REQUEST TO: BOARD OF COUNTY SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-84 DATE: March 19, 2013 REGULAR[] PUBLIC HEARING [ ] CONSENT [xI PRESENTED BY: Katherine Barbieri Assistant County Attorney SUBJECT: Resolution 13-015 and Tenth Amendment to October 24, 1994 Facilities Use Agreement - Healthy Start Coalition/Kids Connected by Design,117 Atlantic Avenue, Fort Pierce BACKGROUND: See attached memorandum No. 13-0185 RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Resolution No. 13-015 and the 10"' Facilities Use Agreement with the Healthy Start Coalition/Kids Connected by Design and authorize the Chairman to sign the documents as prepared by the County Attorney's Office, [ ] APPROVED [ ] DENIED [ ] OTHER: Faye W. Outlaw, MPA County Administrator, ICMA-CM Review and Approvals [X] County Attorney: x+, Parks, Recreation & Facilities Services Danie s. McIntyre Edward Matthews INTER -OFFICE MEMORANDUM COUNTY ATTORNEYS OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Barbieri, Assistant County Attorney C.A. NO: 13-0185 DATE: March 19, 2013 SUBJECT: Resolution 13-015 and Tenth Amendment to October 24,1994 Facilities Use Agreement - Healthy Start Coalition/Kids Connected by Design,127 Atlantic Avenue, Fort Pierce BACKGROUND: On October 24,1994, the County entered into a Facilities Use Agreement with the Healthy Start Coalition and Kids Connected by Design, for the use of the County's facility located at the South County Annex. On May 23, 2000, the agreement was amended changing the location to the County's Facility at 200 South Second Street in Fort Pierce. Attached to this memorandum is Resolution No. 13-015 granting permission to use the site for office space RECOMMENDATION/CONCLUSION: Staff recommends thatthe Board of County Commissioners approve Resolution No.13-015 and the 10th Facilities Use Agreement with the Healthy Start Coalition/Kids Connected by Design and authorize the Chairman to sign the documents as prepared by the County Attorney's Office. KB/cb Encl. I:\a H OrNe\A{�ideMsmo-NBHeshhy5tsrtCaslkbMm6Nes.13-0LS.wpd Respectfully submitted, Katherine Barbieri Assistant County Attorney TENTH AMENDMENT TO OCTOBER 25,1994 FACILITY USE AGREEMENT BETWEEN ST. LUCIE COUNTY AND HEALTHY START COALITION OF ST. LUCIE COUNTY, INC. THIS TENTH AMENDMENT made and entered into this _ day of 2013, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "County", and HEALTHY STARTCOAUTION OFST. LUCIE COUNTY, INC., a Florida not -for -profit corporation, and KIDS CONNECTED BY DESIGN, INC. hereinafter collectively referred to as the "Coalition". WHEREAS, on October 24,1994, the partiesentered into a Facility Use Agreement which provided for the Healthy Start Coalition to use office space containing approximately one thousand (1,000) square feet located atthe South County Annexforthe purpose of planning and monitoring prenataland infant care for children and infants with priority given to St. Lucie County residents; and, WHEREAS, on November 21,1995, the parties entered into a First Amendment to the Facility Use Agreement to extend the term of the Agreement through and Including June 30, 1997; and, WHEREAS, on June 10, 1997, the parties entered Into a Second Amendment to the Facility Use Agreement to extend the term of the Agreement, as amended, through and including September 30,1998; and, WHEREAS, on August 21, 1998, the parties entered into a Third Amendment to the Facility Use Agreement to extend the term of the Agreement, as amended, through and Including September 30,1999; and, WHEREAS, on May 23, 2000, the parties entered into a Fourth Amendment to the Facility Use Agreement to extend the term of the Agreement, as amended, through and including September 30, 2001, change the location to the County's facility at 20D South Second Street in Fort Pierce and increase the space subject to the Agreement; and, WHEREAS, on November 13, 2001, the parties entered into a Fifth Amendment to the Facility Use Agreement to extend the term of the Agreement, as amended, through and including September 30, 2002; and, WHEREAS, on October 15, 2002, the parties entered into a Sixth Amendment to the Facility Use Agreement to extend the term of the Agreement, as amended, through and including September 30, 2003; and, WHEREAS, on September 16, 2003, the parties entered into a Seventh Amendment to the Facility Use Agreement to correct the address of the County facility being used by the Coalition and extend the term of the Agreement, as amended, through and including September 30, 2006; and, WHEREAS, on June 14, 2005, the parties entered Into an Eighth Amendment to the Facility Use Agreement to correct the address of the County facility being used by the Coalition and extend the term of the Agreement, as amended, through and Including September 30, 2006; and, ,:ym�wuErnwUusn�..h",.rw.�w.woa '1" WHEREAS, on September 28, 2007, the parties entered Into a Tenth Amendment to extend the term through and including September 30, 2012; and WHEREAS, the parties desire to retroactively extend the term of the Agreement, as amended through and including September 30, 2017. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Paragraph 3. TERM of the Facility Use Agreement, as amended, is hereby further amended to read as follows: 3. TERM. The term of this Agreement as amended shall be for the period beginning January 1, 1995 through and including September 30, 2017, unless otherwise terminated as provided in this Agreement as amended. The term of this Agreement may be renewed for additional five year periods, upon the same terms and conditions. 2. Except as amended herein, the terms and conditions of the October 25,1994 Facility Use Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have hereunto executed this Tenth Amendment on the dates indicated below. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMU ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DATE: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY f:NTNNGREWNT\I E\3 nm.M.I .wpd -2- ATTEST: HEALTHY START COAUTION OF ST. LUCIE COUNTY, INC. BY: SECRETARY PRESIDENT ATTEST: SECRETARY DATE: (SEAL) KIDS CONNECTED BY DESIGN, INC. BY: PRESIDENT DATE: (SEAL) s:wnvmEmNMEUM kW n+.sw.w,e .3- RESOLUTION NO.23-015 A RESOLUTION ALLOWING HEALTHY START COALITION OF ST. LUCIE COUNTY, INC. AND KIDS CONNECTED BY DESIGN, INC., NOT FOR PROFIT CORPORATIONS, THE USE OF SPACE AT 117 ATLANTIC AVENUE, FORT PIERCE, FOR PLANNING AND MONITORING PRENATAL AND INFANT CARE, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Healthy Start Coalition of St. Lucie County, Inc. and Kids Connected by Design, Inc., not for profit organizations (the "Coalition"), has requested the use of twenty-four hundred (2,400) square feet at 117 AtlanticAvenue, Fort Pierce, Florida (the "Site") for planning and monitoring prenatal and infant care; and WHEREAS, Section 12S.38, Florida Statutes requires that any not for profit organization wishing to use any real or personal property that may be owned by any county or this state or by its board of county commissioners, for public or community Interest and welfare, may apply to the Board of County Commissioners for a conveyance or lease of such property; and WHEREAS, Section 125.38 further states that if it is determined by the Board of County Commissioners that such property is required for such use and is not needed for County purposes, the Board can allow the use of such property; and WHEREAS, Coalition and the County desire to make the subject property available to Coalition for planning and monitoring prenatal and infant care. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board does hereby grant permission to use the site for planning and monitoring prenatal and infant care. A sketch and description showing the location of the Site leased to Coalition are attached hereto and made a part hereof as Exhibit "A." 2. The term of this use shall be for a five-year period, which may be renewed for additional periods of five (5) years with Board of County Commissioners approval, unless otherwise terminated. After motion and second, the vote on this resolution was as follows: Chairman Tod Mowery XXX Vice Chair Frannie Hutchinson XXX Commissioner Chris Dzadovsky XXX Commissioner Paula A. Lewis XXX Commissioner Kim Johnson XXX ATTEST: PASSED AND DULY ADOPTED this _ day of 2013. BOARD OF COUNTY COMMI ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney TO: BOARD OF COUNTY SUBMITTED BY(DEPT): SUBJECT: BACKGROUND: AGENDA REQUEST County Attorney ITEM NO. VI-65 DATE: March 19, 2013 REGULAR [ ] PUBLIC HEARING [ ] CONSENT[x] PRESENTED BY: Katherine Barbieri Assistant County Attorney Resolution 13-018 and 1" Amendment to January 19, 2010 Facilities Use Agreement - St. Lucie County Health Access Network See attached memorandum No. 13-0186 RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Resolution No. 13-018 and the 1" Amendment to the Facilities Use Agreement with St. Lucie County Health Access Network and authorize the Chairman to sign the documents as prepared by the County Attorney's Office. [ ] APPROVED [ ] DENIED [ J OTHER: CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM Review and Approvals [X] County Attorney: wm Parks, Recreation & Facilities Services Daniel . McIntyre Edward Matthews INTER -OFFICE MEMORANDUM COUNTY ATTORNEYS OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Barbieri, Assistant County Attorney C.A. NO: 13-0186 DATE: March 19, 2013 SUBJECT: Resolution 13-018 and 1" Amendment to January 19, 2010 Facilities Use Agreement - St. Lucie County Health Access Network BACKGROUND: On January 19, 2010, the County entered into a Facilities Use Agreement with St. Lucie County Health Access Network, forthe use of the County's facility located at 3855 S. U.S. Highway 1, Fort Pierce, FL to operate a free health clinic. The 1" Amendment to this agreement will allow the Clinic to place recycling containers at the facility for fund raising purposes related to the Clinic. Attached to this memorandum is the 1" Amendment to the Facilities Use Agreement and Resolution No. 13-018 granting permission to use the site for a free clinic. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners approve Resolution No.13-018 and the 1" Amendment to the Facilities Use Agreement with St. Lucie County Health Access Network and authorize the Chairman to sign the documents as prepared by the County Attorney's Office. KB/cb Encl. I:\CB H DM%AgsdaMem BHNHMtnl5-19-018.wpd Respectfully submitted, lj � Katherine k6ieri Assistant County Attorney FIRST AMENDMENT TO JANUARY 19, 2010 FACILITIES USE AGREEMENT BETWEEN ST. LUCIE CONTY AND ST. LUCIE COUNTY, HEALTH ACCESS NETWORK THIS FIRST AMENDMENT made and entered into on this day of , 2013, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County," and ST. LUCIE COUNTY HEALTH ACCESS NETWORK, a Florida non-profit organization, hereinafter referred to as "Network." WITNESSETH: WHEREAS, on January 19, 2010, the parties entered into a Facilities Use Agreement which provided the Network to construct and operate a free health clinic at the County's Facility located at 3855 S. U.S. Highway 1, Fort Pierce, Florida. WHEREAS, the parties desire to amend the Agreement to allow the Network to place recycling container(s) on the facility for fund raising purposes related to the Clinic. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Paragraph 2. USE OF FACILITY of the Facilities Use Agreement, is hereby amended to read as follows: 2. USE OF FACILITY. The Network shall use the Facility to construct and operate a free health clinic for St. Lucie County residents in accordane with local, state and federal laws and regultaions. The Networks use of the Facility shall not be exclusive and such use of the property shall not preclude all County staff access to the Property. The Clinic's operating hours shall be documented in a memorandum of understanding approved by the County Administrator or designee. In no case shall the County incur any additional costs, including personnel overtime or contrats for services as a result of this Agreement or the Network's operation of the health clinic. The Network shall manage, maintain, control and supervise clients, guests, invitees and others so as not to disturb other Logistics Center operations and/or not encroach in areas not designated in this Agreement. Subject to the approval of the County Administrator, the Network may use the Facility parking lot for two to three days on a weekend, not to exceed four times (4x) per year only for fund raising purposes related to the Clinic. The Clinic may, place $;\ATTY\AGREEMN-nFAO-USE\Fkolth AcWS Network.1A.wpd -1- recycling container(s) at the facility for fund raising purposes related to the Clinic 2. Except as amended herein, the terms and conditions of the January 19, 2010 Facilities Use Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement on the day of 2013. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk 51\ATTY\A&REEMNT\FAC.U5E\Hea1th Aems Network4A.wpd -2- BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney ST. LUCIE COUNTY HEALTH ACCESS NETWORK, a Florida non-profit organization BY: Douglas M. Anderson, Executive Director RESOLUTION NO. 13-018 A RESOLUTION ALLOWING THE ST. LUCIE COUNTY HEALTH ACCESS NETWORK, A NOT FOR PROFIT CORPORATION, THE USE OF SPACE AT 3855 S. U.S. HIGHWAY 1, FORT PIERCE, FOR A HEALTH CLINIC, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the St. Lucie County Health Access Network, a not for profit organization (the "Network"), has requested the use of space at 3855 S. U.S. Highway 1, Fort Pierce, Florida (the "Site") for a health clinic; and WHEREAS, Section 125.38, Florida Statutes requires that any not for profit organization wishing to use any real or personal property that may be owned by any county or this state or by its board of county commissioners, for public or community interest and welfare, may apply to the Board of County Commissioners for a conveyance or lease of such property; and WHEREAS, Section 125.38 further states that if it is determined by the Board of County Commissioners that such property is required for such use and is not needed for County purposes, the Board can allow the use of such property; and WHEREAS, the Network and the County desire to make the subject property available to the Network for a health clinic. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board does hereby grant permission to use the site for a health clinic. A sketch and description showing the location of the Site leased to Network is attached hereto and made a part hereof as Exhibit "A." 2. The term of this use shall be for a ten-year period, which may be renewed for two (2) additional periods of five (5) years with Board of County Commissioners approval, unless otherwise terminated, After motion and second, the vote on this resolution was as follows: Chairman Tod Mowery XXX Vice Chair Frannie Hutchinson XXX Commissioner Chris Dzadovsky XXX Commissioner Paula A. Lewis XXX Commissioner Kim Johnson XXX PASSED AND DULY ADOPTED this day of 2013. BOARD OF COUNTY COMW ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney k . .le TO: BOARD OF COUNTY SUBMITTED BY(DEPT): SUBJECT: BACKGROUND: AGENDA REQUEST County Attorney ITEM NO. VI-B6 DATE: March 19, 2013 REGULAR [ ] PUBLIC HEARING [ ] CONSENT[x] PRESENTED BY: Katherine Barbieri Assistant County Attorney Resolution 13-017 - Facilities Use Agreement - Treasure Coast Sports Commission See attached memorandum No. 13-0189 RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Resolution No. 13-017 - Facilities Use Agreement with Treasure Coast Sports Commission and authorize the Chairman to sign the Resolution as prepared by the County Attorney's Office. [ J APPROVED [ ] DENIED [ j OTHER: Faye W. Outlaw, MPA County Administrator, ICMA-CM Review and Approvals [X] County Attorney: osn Parks, Recreation & Facilities Services eCl Danie 5. McIntyre Edward Matthews K c.13.,. 'i A -1 INTER -OFFICE MEMORANDUM COUNTY ATTORNEYS OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Barbieri, Assistant County Attorney C.A. NO: 13-0189 DATE: March 19, 2013 SUBJECT: Resolution 13-017 - Facilities Use Agreement - Treasure Coast Sports Commission BACKGROUND: On February 12, 2001, Treasure Coast Sports Commission entered into an agreement for the use of the County's facility located at Tradition Field. Attached to this memorandum is Resolution No. 13-017 granting permission to use the site for office space. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners approve Resolution No.13-017 - Facilities Use Agreement with Treasure Coast Sports Commission and authorize the Chairman to sign the Resolution as prepared by the County Attorney's Office. KB/cb Encl. I:\CB H DdvvN9md9MvmwKBTC9GRvs19-01].wpd Respectfully submitted, Katherine Barb e i Assistant County Attorney RESOLUTION NO. 13.017 A RESOLUTION ALLOWING THE TREASURE COAST SPORTS COMMISSION, INC., A NOT FOR PROFIT CORPORATION, AN OFFICE AT 527 PEACOCK BOULEVARD, PORT ST. LUCIE; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Treasure Coast Sports Commission, Inc., a not for profit organization (the "TCSC"), has requested the use of space at 527 Peacock Boulevard, Port St. Lucie, Florida (the "Site"); and WHEREAS, Section 125.38, Florida Statutes requires that any not for profit organization wishing to use any real or personal property that may be owned by any county or this state or by its board of county commissioners, for public or community interest and welfare, may apply to the Board of County Commissioners for a conveyance or lease of such property; and WHEREAS, Section 125.38 further states that if it is determined by the Board of County Commissioners that such property is required for such use and is not needed for County purposes, the Board can allow the use of such property; and WHEREAS, TCSC and the County desire to make the subject property available to TCSC Lessee for its administrative operations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board does hereby grant permission to use the site described as a 15 x 20 foot room inside the County Office at Tradition Field, 527 NW Peacock Boulevard, Port St. Lucie, FL for TSCS administrative operations. 2. Theterm of this use shall be until March 31,2016, unless otherwise terminated as provided for in the Agreement. The term of the Agreement may be renewed upon mutual agreement of the parties upon the same terms and conditions. After motion and second, the vote on this resolution was as follows: Chairman Tod Mowery xxx Vice Chair Frannie Hutchinson xxx Commissioner Chris Dzadovsky xxx Commissioner Paula A. Lewis xxx Commissioner Kim Johnson xxx PASSED AND DULY ADOPTED this _ day of 2013. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney AGENDA REQUEST COUNTY F LORI DA-446 TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [ j APPROVED [ ] DENIED [ ] OTHER: County Attorney: Daniel S. McIntyre Originating Dept. County Attorney ITEM NO. VI-B.7 DATE: March 19/2013 REGULAR [) PUBLIC HEARING [] CONSENT [XX) PRESENTED BY: Katherine Barbieri Assistant County Attorney Consent to Special Assessment - Collection and Disposal of Residential Solid Waste and Recyclable Materials See attached memorandum Staff recommends that the Board approve the Consent to Special Assessment and authorize the Chairman to sign the Consent. Faye W. Outlaw, MPA County Administrator, ICMA-CM aeview and Approvals Management & Budget nre Solid Waste Mgr.: County Eng.: Ron Roberts Finance: (Check for copy only, if applicable) Eff. 5/96 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Barbieri, Assistant County Attorney C.A. NO.: 13-0278 DATE: February 27, 2013 SUBJECT: Consent to Special Assessment - Collection and Disposal of Residential Solid Waste and Recyclable Materials k}#rt4#rtrtkkirtirtrt##rtrtt#rtkrtrtrtrtirtrt##}##irt#rt#rt#i}#i#rtii#}##i}}#i#}#rti}}}##}rt#}}}i}}}}}} BACKGROUND: Attached to this memorandum is a Consent to Special Assessment executed by Matthew and Angela Young ("Landowners"). The Consent, if approved, would allow the imposition of special assessments against the assessed property pursuant to Article V Collection of Solid Waste and Recyclable Materials. The Landowners consent to the imposition of assessments against the assessed property to be computed, collected and enforced in order to fund the collection and disposal of residential solid waste and recyclable materials. :1:1$615117114 flG7SlfdHIGIC 41V1916PF Staff recommends that the Board approve the Consent to Special Assessment and authorize the Chairman to sign the Consent. Respectfully submitted, 6� Katherine Barbieri Assistant County Attorney KB/caf Attachment This Instrument Prepared by Katherine Barbieri Assistant County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 CONSENT TO SPECIAL ASSESSMENT Matthew and Angela Young, (the "Landowners"), are the sole Landowners of the benefitted land described in Exhibit A (the "Assessed Property") attached hereto and made a part hereof, intending, that Landowners and their successors in interest shall be legally bound by this Consent to Special Assessment ("Consent"). The Landowners declare, represent, acknowledge and agree as follows: 1. Landowners represent and warrant to the Board of County Commissioners ("Board") of St. Lucie County, Florida (the "County") that Landowners, and no other person are vested with fee simple title of record to the Assessed Property. 2. Landowners hereby consent and agree to the imposition of special assessments ("Assessments") against the Assessed Property pursuant to Article V Collection of Solid Waste and Recyclable Materials, of the St. Lucie County Code and Compiled Laws and Resolution Nos. 11-108 and 11-109 or any other preliminary assessment resolutions and final assessment resolutions adopted there under which establish the annual rate of special assessments for Solid Waste Services (collectively the "Assessment Processes"). Capitalized terms not otherwise defined herein shall have the meanings set forth in the Assessment Proceedings. 3. Landowners consent to the imposition of Assessments against the Assessed Property to be computed, collected and enforced in accordance with the Assessment Proceedings in order to fund the collection and disposal of residential waste and recyclable materials. 4. Landowners acknowledge with specificity and certainty that: (A) the collection and disposal of residential waste and recyclable materials will convey special benefits to the Assessed Property including the removal of residential waste and recyclable material, will provide an increase in market valuation, and enhanced development/re-development potential resulting in an increase in the marketability, enjoyment and value of affected parcels, and (B) the removal of residential waste and recyclable materials will confer direct special benefits to the Assessed Property in excess of the amount of the Assessment described in the Assessment Proceedings. S. Landowners acknowledge and agree that: (A) the Assessment imposed against the Assessed Property does not exceed the proportional benefits that such property will receive compared to any other property within the County Solid Waste Urban Service Area, and (B) the apportionment method fairly and reasonably allocates the cost of the collection and disposal of residential waste and recyclable material among real property subject to the Assessment by utilizing the per dwelling unit basis. 6. Landowners waive all right to subsequently challenge the Assessments on any basis, including but not limited to insufficient benefits, improper or unfair apportionment or irregularity in the adoption of the Assessment Proceedings. N.\ASSESSMEM ROU NFORMATION\SPECIAL ASSESSMENT CONSENT FOLDER\YOUNG{ONS ram 7. Landowners understand, agree and acknowledge that the Assessment is a legal, valid and binding lien upon the Assessed Property, equal in rank and dignity with the lien of all state, county, district and municipal taxes and superior in dignity to all other liens, titles and claims, until paid. 8. Landowners agree and covenant to timely pay all Assessments imposed upon the Assessed Property in accordance with the Assessment Proceedings whether the Assessments are collected by the County, the Tax Collector pursuant to Section 197.3632, Florida Statutes, or by any other method allowed by law. 9. Landowners acknowledge that unless and until decided otherwise by the Board, the Assessments will be collected pursuant to the uniform collection method authorized by Section 197.3632, Florida Statutes, and that failure to pay the Assessment could therefore result in loss of title to the Assessed Property. 10. Landowners acknowledge that this Consent to Special Assessment will be executed with the same formality as a deed and recorded in the Public Records of St. Lucie County, Florida. 11. Landowners acknowledge and agrees that the execution of this Consent or any activity resulting therefrom does not affect any existing rights to develop the Assessed Property in a specific manner, nor will this Consent result in any new or additional development rights. 12. Landowners acknowledge and covenant that this Consent to Special Assessment shall run with the Assessed Property touch and concern the Assessed Property and shall be binding on such land and the Landowners and all successors in interest. THE DECLARATIONS, ACKNOWLEDGMENTS AND AGREEMENTS CONTAINED HEREIN SHALL RUN WITH THE LAND DESCRIBED IN EXHIBIT "A" HERETO AND SHALL BE BINDING ON THE LANDOWNERS, AND ON ALL PERSONS (INCLUDING CORPORATIONS, ASSOCIATIONS, TRUSTS, AND OTHER LEGAL ENTITIES) TAKING TITLE TO ALL OR ANY PART OF THE LAND, AND ITS SUCCESSORS IN INTEREST. BY TAKING SUCH TITLE, SUCH PERSONS SHALL BE DEEMED TO HAVE CONSENTED AND AGREED TO THE PROVISIONS OF THIS CONSENT TO THE SAME EXTENT AS IF THEY HAD EXECUTED IT AND BY TAKING SUCH TITLE, SUCH PERSONS SHALL BE STOPPED FROM CONTESTING, IN COURT OR OTHERWISE, THE VALIDITY, LEGALITY AND ENFORCEABILITY OF THIS CONTRACT. Matthew ung � Angela Yofng WASSE5SMENT ROLL INFORMAPON\5VECWl A5 MMENT CONSENT FOLDER\YOUNG�W .ODa EXHIBIT "A" DESCRIPTION OF ASSESSED PROPERTY The Assessed Property consists of the real property more particularly described as follows: 14 36 38 N 193.88 FT OF FOL DESCPROP: COMM AT PT 50.5 FT S AND 143 FT W OF NE COR OF SEC 14, TH S OODEG 09 MIN 47 SEC W 60 FT TO POB, TH CONT S 00 DEG 09 MIN 47 SEC W // WITH E LI SEC 554.22 FT, TH N 89 DEG 57 MIN 45 SEC W 786.37 FT, TH N 00 DEG 09 MIN 47 SEC E // TO ELY SEC LI 553.66 FT, TH N 89 DEG 59 MIN 47 SEC E 786.37 FT TO POB (3.50 AC) (OR 3226-1661) Parcel ID # 3214-111-00004-020-1 NAASSESSMENT ROLL INFORMATION\$RECIAL ASSESSM ENT CONSENT EOLOER\YOUNG{ NSLrOCR TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney AGENDA REQUEST ITEM NO. VI.B.'9 Date: March 19, 2013 Regular [ ] Public Hearing[ ] Consent [X] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: St. Lucie County Health Department - Amendment I to FY 2012-2013 Contract with State of Florida Department of Health BACKGROUND: See C.A. No. 13-0180 FUNDS AVAIL.(State type & No. of transaction or N/A): Account No. 001-6210-581020-600 RECOMMENDATION: Staff recommends the Board of County Commissioners approve proposed Amendment I to the FY 2012-2013 Contract with the'State of Florida Department of Health for the operation of the St. Lucie County Health Department, and authorize the Chairman to sign the document. COMMISSION ACTION: [ ] APPROVED [ ] DENIED [ ] OTHER: County Attorney: W" Da el S. McIntyre ,/ Originating Dept.: '"^'- Beth Ryder Finance (Check for Copy only, if applicable): CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator, ICMA-CM Coordination/Signatures Mgt. & Budget: Marle Gouln Other: Purchasing: Other: INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 13-0180 DATE: February 28, 2013 SUBJECT: St. Lucie County Health Department - Amendment I to FY 2012-2013 Contract with State of Florida Department of Health BACKGROUND: Attached to this memorandum is a copy of proposed Amendment I to the FY 2012-2013 Contract with the State of Florida Department of Health for the operation of the St. Lucie County Health Department. As indicated in the transmittal letter from the Health Department, Amendment I will result in a net reduction in the annual amount of the contract from $14,064,190.00 to $13,351,721.00. The State's direct contribution will be reduced from $7,790,159.00 to $7,826,463.00, or a reduction of $36,304.00. The reduction is the result of decreases in federal funding, the Medicaid rate, local clinic revenue and grant revenue. The County's contribution remains unchanged at $863,295.00. RECOMMENDATION/CONCLUSION: Staff recommends the Board of County Commissioners approve proposed Amendment I to the FY 2012-2013 Contract with the State of Florida Department of Health for the operation of the St. Lucie County Health Department, and authorize the Chairman to sign the document. Respectfully submitted, Heather Young Assistant County Attorney HY/ Copies to: County Administrator Community Services Director Management and Budget Director Deputy Clerk Rick Scott F r` r Governor HEALTH January 23, 2013 Beth Ryder, Community Services Director 7tt' Street Fort Pierce, FI 34953 Dear Beth: John H. Armstrong, MD, FACS State Surgeon General RECEIVED BY FEB 0 4 2013 SL Lucie county Housing & Community Services Below is a break down of the attached revenue decreases and reallocation, by program, in the amount of $712,469.00 for Amendment I State & County Contract 2012-2013. Also included are all changed pages for the contract amendment. Should you have any questions please call me at X 4885. Gen Rev SCH C Non Gen. Rev. SCH C Federal Revenue SCH C EH Rev Medicaid Revenue Clinic Local Revenue Local Grants Total State and County Contract Amendment By Program 1; 1,646,873.00 $ 1,656,452.00 Increase in SCH C gen rev 6 557,989.00 $ 662,950.00 Increase non SCH C other rev 6 5,223,406.00 $ 4,790,341.00 Decrease in program Fed funding 6 242,558.00 $ 305,826.00 Increase in EH revenue 6 4,209,136.00 $ 3,986,766.00 Decrease in Medicaid rate 6 1,015,751.00 $ 965,815.00 Decrease in Clinic Local revenue 1,168,477.00 $ 1,083,569.00 Decrease in Grant revenue $ 14,064,190.00 $ 13,351,721.00 Thank ou, ox, MPH Finance & Accounting irector CC: Larry Lee Heather Young HPO Budget Office ST. LUCIE COUNTY HEALTH DEPARTMENT 5150 NW Milner Drive Fort Pierce Site Port St. Lucie, FL 34983 Port St. Lucie Site 714 Avenue "C" (772) 462-3800 5150 NW Milner Dr FAX: (772) 462-3824 Website: http://www.stluclecountyhealth.com FAX: (772) 873-4941 � Rick Scou '�" ° Governor HEALTH John H. Armstrong, MD, FACS State Surgeon General Detail of funding changes: Gen Rev SCH C: $9,579.00 increase in TB and Preparedness funding Non Gen Rev SCH C: $4,961.00 increase in BioT indirect funding (non recurring funds) Fed Rev SCH C: $433,065.00 decrease WIC, AIDS and Breastfeeding program funding Note: All Federal monies are reimbursed as we spend it. EH Rev: $63,270.00 increase in permitting Medicaid Rev: $222,370.00 decrease in Dental reimbursement encounter rate Note: All funding goes back into the programs to support them Clinic Local Rev: $49,936.00 decrease in collection of personal Hith fees and clients Note: All funding goes back into the programs to support them Local Grants- $84,908.00 decrease in Local grant agreements ST. LUCIE COUNTY HEALTH DEPARTMENT 5150 NW Milner Drive Fort Pierce Site Port St. Lucie, FL 34983 Port St. Lucie Site 714 Avenue "C" (772) 462-3800 5150 NW Milner Dr FAX: (772) 462-3824 Website: http://www.stluelecountyhealth.com FAX: (772) 873-4941 In WITNESS THEREOF, the parties hereto have caused this 24 page agreement to be executed by their undersigned officials as duly authorized effective the Ts -day of October, 2012. BOARD OF COUNTY COMMISSIONERS FOR St. Lucie COUNTY SIGNED BY: NAME: Tod Mowery TITLE: Chairman DATE: ATTESTED TO: SIGNED BY: NAME: TITLE: Clerk of the Court DATE: STATE OF FLORIDA DEPARTMENT OF HEALTH SIGNED BY: NAME: John H. Armstrong, MD. FACS TITLE: State Surgeon General DATE: SIGNED BY: NAME: Larry J. Lee, R.N.. M.A. TITLE: CHD Director/Administrator DATE: swimming pools, group care facilities, migrant labor camps, toxic material control, radiological health, and occupational health. b. "Communicable disease control services" are those services which protect the health of the general public through the detection, control, and eradication of diseases which are transmitted primarily by human beings. Communicable disease services shall be supported by available federal, state, and local funds and shall include those services mandated on a state or federal level. Such services include, but are not limited to, epidemiology, sexually transmissible disease detection and control, HIV/AIDS, immunization, tuberculosis control and maintenance of vital statistics. c. "Primary care services" are acute care and preventive services that are made available to well and sick persons who are unable to obtain such services due to lack of income or other barriers beyond their control. These services are provided to benefit individuals, improve the collective health of the public, and prevent and control the spread of disease. Primary health care services are provided at home, in group settings, or in clinics. These services shall be supported by available federal, state, and local funds and shall include services mandated on a state or federal level. Examples of primary health care services include, but are not limited to: first contact acute care services; chronic disease detection and treatment; maternal and child health services; family planning; nutrition; school health; supplemental food assistance for women, infants, and children; home health; and dental services. 4. FUNDING. The parties further agree that funding for the CHID will be handled as follows: a. The funding to be provided by the parties and any other sources are set forth in Part II of Attachment II hereof. This funding will be used as shown in Part I of Attachment II. i. The State's appropriated responsibility (direct contribution excluding any state fees, Medicaid contributions or any other funds not listed on the Schedule C) as provided In Attachment 11, Part 11 is an amount not to exceed $ 7,826,463.00 (State General Revenue, State Funds, Other State Funds and Federal Funds listed on the Schedule C). The State's obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. ii. The County's appropriated responsibility (direct contribution excluding any fees, other cash or local contributions) as provided in Attachment 11, Part II is an amount not to exceed $863,295.00 (amount listed under the "Board of County Commissioners Annual Appropriations section of the revenue attachment). b. Overall expenditures will not exceed available funding or budget authority, whichever is less, (either current year or from surplus trust funds) in any service category. Unless requested otherwise, any surplus at the end of the term of this Agreement in the County Health Department Trust Fund that is attributed to the CHID shall be carried forward to the next contract period. c. Either party may establish service fees as allowed by law to fund activities of the CHD. Where applicable, such fees shall be automatically adjusted to at least the Medicaid fee schedule. d. Either party may increase or decrease funding of this Agreement during the term 2 1. GENERAL REVENUE -STATE 015040 AIDS PREVENTION 23,980 0 23,980 0 23,980 015040 AIDS SURVEILLANCE 65,234 0 65,234 0 65,234 015040 ALG/CESSPOOL IDENTIFICATION AND ELIMINATION 0 0 0 0 0 015040 ALG/CONTR TO CHDS-AIDS PATIENT CARE 195,000 0 195,000 0 195,000 015040 ALG/CONTR TO CHDS-AIDS PATIENT CARE NETWORK 0 0 0 0 0 015040 ALG/CONTR TO CHDS-SOVEREIGN IMMUNITY 0 0 0 0 0 015040 MINORITY OUTREACH-PENALVER CLINIC -MIAMI-DARE 0 0 0 0 0 015040 PREPAREDNESS GRANT MATCH 80,387 0 80,387 0 80,387 015040 SCHOOL HEALTH GENERAL REVENUE 77,717 0 77,717 0 77,717 015040 STATEWIDE DENTISTRY NETWORK - ESCAMBIA 0 0 0 0 0 015040 STD GENERAL REVENUE 49,541 0 49,541 0 49,541 015040 TREASURE COAST MIDWIFERY - MARTIN 0 0 0 0 0 015040 HEALTHY START MED-WAIVER-CLIENT SERVICES 0 0 0 0 0 015040 JESSIE TRICE CANCER CTR/HEALTH CHOICE - MIAMI-DADE 0 0 0 0 0 015040 LA L1GA-LEAGUE AGAINST CANCER - MIAMI-DADE 0 0 0 0 0 015040 MANATEE COUNTY RURAL HEALTH SERVICES 0 0 0 0 0 015040 METRO ORLANDO URBAN LEAGUE - ORANGE 0 0 0 0 0 015040 MIGRANT LABOR CAMP SANITATION 0 0 0 0 0 015040 DENTAL SPECIAL INITIATIVES 6,541 0 6,541 0 6,541 015040 DUVAL TEEN PREGANCY PREVENTION-DUVAL 0 0 0 0 0 015040 FAMILY PLANNING GENERAL REVENUE 38,783 0 38,783 0 38,783 015040 FL CLPPP SCREENING & CASE MANAGEMENT 0 0 0 0 0 015040 FL HEPATITIS & LIVER FAILURE PREVENTION/CONTROL 0 0 0 0 0 015040 HEALTHY START MED WAIVER - SOBRA 0 0 0 0 0 015040 ALGIIPO HEALTHY STARTAPO 0 0 0 0 0 015040 ALG/PRRdARY CARE 0 0 0 0 0 015040 BREAST & CERVICAL - ADMINISTRATION/CASE MANAGEMENT 0 0 0 0 0 015040 COMMUNITY SMILES - MIAMI-DADE 0 0 0 0 0 015040 COMMUNITY TB PROGRAM 130,144 0 130,144 0 130,144 015040 COUNTY SPECIFIC DENTAL PROJECTS - ESCAMBIA 0 0 0 0 0 015050 NON -CATEGORICAL GENERAL REVENUE 989,125 0 989,125 0 989,125 GENERAL REVENUE TOTAL 1,656,452 0 1,656,452 0 1,656,452 2. NON GENERAL REVENUE -STATE 015010 ALG/CONTR. TO CHDS-BIOMEDICAL WASTE 9,905 0 9,905 0 9,905 015010 ALG/CONTR. TO CHDS-SAFE DRINKING WATER PRO 0 0 0 0 0 015010 CHD PROGRAM SUPPORT-WIC2S 39,190 0 39,190 0 39,190 015010 FOOD AND WATERBORNE DISEASE PROGRAM ADM TF/DACS 0 0 0 0 0 015010 PREPAREDNESS GRANT MATCH 50,457 0 50,457 0 50,457 015010 SUPER ACT 9,511 0 9,511 0 9,511 015010 SCHOOL HEALTH TOBACCO TF 142,797 0 142,797 0 142,797 015010 TOBACCO ADMINISTRATION & MANAGEMENT 0 0 0 0 0 015010 TOBACCO COMMUNITY INTERVENTION 246,141 0 246,141 0 246,141 015020 TRANSFER FROM ANOTHER STATE AGENCY 0 0 0 0 0 015020 TRANSFER FROM ANOTHER STATE AGENCY 0 0 0 0 0 015020 TRANSFER FROM ANOTHER STATE AGENCY 0 0 0 0 0 015060 NON -CATEGORICAL TOBACCO REBASING 64,949 0 64,949 0 64,949 /ersion: 5 Page 1 of 7 NON GENERAL REVENUE TOTAL 562,950 0 562,950 0 562,950 3. FEDERAL FUNDS -State 007000 ABSTINENCE EDUCATION GRANT PROGRAM 0 0 0 0 0 007000 AIDS PREVENTION 317,099 0 317,099 0 317,099 007000 AIDS SURVEILLANCE 0 0 0 0 0 007000 BIOTERRORISM HOSPITAL PREPAREDNESS 32,332 0 32,332 0 32,332 007000 CHRONIC DISEASE PREVENTION & HEALTH PROMOTION 0 0 0 0 0 007000 COASTAL BEACH MONITORING PROGRAM 7,498 0 7,498 0 7,498 007000 TUBERCULOSIS CONTROL - FEDERAL GRANT 0 0 0 0 0 007000 UNINTENDED/UNWANTED PREG-TEEN PREGNANCY PREV 38,210 0 38,210 0 38,210 007000 WIC ADMINISTRATION 1,150,156 0 1,150,156 0 1,350,156 007000 WIC BREASTFEEDING PEER COUNSELING 56,145 0 56,145 0 56,145 007000 STD FEDERAL GRANT- CSPS 49,585 0 49,585 0 49,585 007000 STD PROGRAM INFERTILITY PREVENTION PROJECT (IPP) 0 0 0 0 0 007000 SYPHILIS ELIMINATION 0 0 0 0 0 007000 TEENAGE PREGNANCY PREVENTION REPLICATION 0 0 0 0 0 007000 TITLE X HIV/AIDS PROJECT 0 0 0 0 0 007000 TOBACCO FAITH BASED PROJECT 0 0 0 0 0 007000 RAPE PREVENTION & EDUCATION 0 0 0 0 0 007000 RYAN WHITE 73,332 0 73,332 0 73,332 007000 RYAN WHITE- EMERGING COMMUNITIES 160,309 0 160,309 0 160,309 007000 RYAN WHITE -AIDS DRUG ASSIST PROG-ADMIN 77,685 0 77,685 0 77,685 007000 RYAN WHITE -CONSORTIA 1,603,231 0 1,603,231 0 1,603,231 007000 SAFE SLEEP EDUCATION 0 0 0 0 0 007000 MINORITY INVOLVEMENT IN HIV/AIDS PROGRAM 0 0 0 0 0 007000 PHP - CITIES READINESS INITIATIVE 0 0 0 0 0 007000 PRECONCEPTION HEALTH CARE 0 0 0 0 0 007000 PREGNANCY ASSOCIATED MORTALITY PREVENTION 0 0 0 0 0 007000 PUBLIC HEALTH INFRASTRUCTURE 0 0 0 0 0 007000 PUBLIC HEALTH PREPAREDNESS BASE 425,170 0 425,170 0 425,170 007000 IMMUNIZATION WIC LINKAGES 0 0 0 0 0 007000 MCH BGTF-GADSDEN SCHOOL CLINIC 0 0 0 0 0 007000 MCH BGTF-HEALTHY START COALITIONS 0 0 0 0 0 007000 MCH QUALITY IMPROVEMENT ACTIVITIES MCHBG 0 0 0 0 0 007000 MINORITY AIDS INITIATIVE 0 0 0 0 0 007000 MINORITY AIDS INITIATIVE TCE COLLABORATIVE 0 0 0 0 0 007000 FGTF/FAMILY PLANNIN-TITLEX 80,158 0 80,158 0 80,158 007000 HEALTHY HOMES AND LEAD POISONING GRANT 0 0 0 0 0 007000 HIV HOUSING FOR PEOPLE LIVING WITH AIDS 351,488 0 351,498 0 351,488 007000 HN INCIDENCE SURVEILLANCE 0 0 0 0 0 007000 IMMUNIZATION FEDERAL GRANT ACTIVITY SUPPORT 30,439 - 0 30,439 0 30,439 007000 IMMUNIZATION FIELD STAFF EXPENSE 0 0 0 0 0 007000 COLORECTAL CANCER SCREENING2009-10 0 0 0 0 0 007000 DENTAL SERVICES 16,200 0 16,200 0 16,200 007000 ENHANCE COMPREHENSIVE PREVENTION PLANNING AND IMPL 0 0 0 0 0 007000 EXPANDED TESTING INITIATIVE (ETD 276,566 0 276,566 0 276,566 007000 FGTF/AIDS MORBIDITY 0 0 0 0 0 007000 FGTF/BREAST& CERVICAL CANCER-ADMIN/CASE MAN 0 0 0 0 0 Version: 5 Page 2 of 7 3. FEDERAL FUNDS - State 015009 MEDIPASS WAIVER-HLTHY STRT CLIENT SERVICES 015009 MEDIPASS WAIVER-SOBRA 007055 ARP FEDERAL GRANT. SCHEDULE C 015075 SCHOOL HEALTH TITLE XXI 015075 SUMMER FOOD PROGRAM INSPECTIONS 015075 REFUGEE FEDERAL FUNDS TOTAL 4. FEES ASSESSED BY STATE OR FEDERAL RULES - STATE 001020 TANNING FACILITIES 001020 Occupational Health 001020 BODAY ART 001020 MOBILE HOME AND PARKS 001020 FOOD HYGIENE PERMIT 001020 BIOHAZARD WASTE PERMIT 001020 PRIVATE WATER CONSTR PERMIT 001020 PUBLIC WATER ANNUAL OPER PERMIT 001020 PUBLIC WATER CONSTR PERMIT 001020 NON-SDWA SYSTEM PERMIT 001020 SAFE DRINKING WATER 001020 SWIMMING POOLS 001092 OCCUPATIONAL HEALTH 001092 FOOD 001092 BODYART 001092 SEPTIC TANK SITE EVALUATION 001092 GROUP FACILTY ' 001092 PRIVATE WATER 001092 ENVIRONMENTAL HEALTH FEES 001092 LIMITED USE OF PUBLIC WATER 001170 LAB FEE CHEMICAL ANALYSIS 001170 WATER ANALYSIS -POTABLE 001170 NONPOTABLE WATER ANALYSIS 010304 MQA INSPECTION FEE 001206 CENTRAL OFFICE SURCHARGE 001093 CND ON-LINE BILLING FEE FEES ASSESSED BY STATE OR FEDERAL RULES TOTAL 5. OTHER CASH CONTRIBUTIONS - STATE 010304 STATIONARY POLLUTANT STORAGE TANKS 090001 DRAW DOWN FROM PUBLIC HEALTH UNIT 031005 CHDTF CASH TRANSFER OTHER CASH CONTRIBUTIONS TOTAL 6. MEDICAID - STATE/COUNTY 001056 MEDICAID PHARMACY 001076 MEDICAID TB 001078 MEDICAID ADMINISTRATION OF VACCINE Version: 5 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 32,383 0 32,383 0 32,383 3,855 0 3,855 0 3,855 8,500 0 8,500 0 8,500 4,790,341 0 4,790,341 0 4,790,341 2,800 0 2,800 - 0 2,800 3,744 0 3,744 0 3,744 810 0 810 0 810 12,000 0 12,000 0 12,000 20,698 0 20,698 0 20,698 13,855 0 .13,855 0 13,855 0 0 0 0 0 91,791 0 91,791 0 91,791 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1,695 0 1,695 0 1,695 0 0 0 0 0 130,277 0 130,277 0 130,277 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1,950 0 1,950 0 1,950 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 26,208. 0 26,208 0 26,208 0 0 0 0 0 305,828 0 305,828 0 305,828 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2,650 2,650 0 2,650 Page 3 of 7 6. MEDICAID - STATE/COUNTY 001079 MEDICAID CASE MANAGEMENT 001081 MEDICAID CHILD HEALTH CHECK UP 001082 MEDICAID DENTAL 001083 MEDICAID FAMILY PLANNING 001087 MEDICAID STD 001089 MEDICAID AIDS 001147 MEDICAID HMO CAPITATION 001191 MEDICAID MATERNITY 001192 MEDICAID COMPREHENSIVE CHILD 001193 MEDICAID COMPREHENSIVE ADULT 001194 MEDICAID LABORATORY 001208 MEDIPASS $3,00 ADM. FEE 001059 MEDICAID LOW INCOME POOL 001051 EMERGENCY MEDICAID 001058 MEDICAID- BEHAVIORAL HEALTH 001071 MEDICAID - ORTHOPEDIC 001072 MEDICAID - DERMATOLOGY 001075 MEDICAID - SCHOOL HEALTH CERTIFIED MATCH 001069 MEDICAID - REFUGEE HEALTH 001055 MEDICAID - HOSPITAL 001148 MEDICAID HMO NON -CAPITATION 001074 MEDICAID- NEWBORN SCREENING MEDICAID TOTAL 7.ALLOCABLE REVENUE -STATE 018000 REFUNDS 037000 PRIOR YEAR WARRANT 038000 12 MONTH OLD WARRANT ALLOCABLE REVENUE TOTAL 8. OTHER STATE CONTRIBUTIONS NOT IN CHD TRUST FUND - STATE PHARMACY SERVICES LABORATORY SERVICES TB SERVICES IMMUNIZATION SERVICES STD SERVICES CONSTRUCTION/RENOVATION WIC FOOD ADAP DENTAL SERVICES OTHER (SPECIFY) OTHER (SPECIFY) OTHER STATE CONTRIBUTIONS TOTAL 9. DIRECT LOCAL CONTRIBUTIONS - BCC/TAX DISTRICT 008010 CONTRIBUTION FROM CITY GOVERNMENT 008020 CONTRIBUTION FROM HEALTH CARE TAX NOT THRU BCC Version: 6 0 0 0 0 0 0 0 0 0 0 0 6,429 6,429 0 6,429 0 269,000 269,000 0 269,000 0 180 l80 0 180 0 228,100 229,100 0 228,100 0 0 0 0 0 0 45,995 45,995 0 45,995 0 167,000 167,000 0 167,000 0 364,110 364,110 0 364,110 0 0 0 0 0 0 29,400 29,400 0 29,400 0 1,500,000 1,500,000 0 1,500,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2,707 2,707 0 2,707 0 0 0 0 0 0 0 0 0 0 0 1,371,195 1,371,195 0 1,371,195 0 0 0 0 0 0 3,986,766 3,986,766 0 3,986,766 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 106,556 106,556 0 0 0 87,884 87,884 0 0 0 0 0 0 0 0 193,572 193,572 0 0 0 0 0 0 0 0 0 0 0 0 0 6,165,511 6,165,511 0 0 0 917,650 917,650 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7,471,173 7,471,173 0 0 0 0 0 0 0 0 0 0 Page 4 of 7 9. DIRECT LOCAL CONTRIBUTIONS - BCCITAX DISTRICT 008040 BCC GRANT/CONTRACT 0 0 0 0 0 008030 CONTRIBUTION FROM HEALTH CARE TAX 0 0 0 0 0 008034 BCC CONTRIBUTION FROM GENERAL FUND 0 863,295 863,295 0 863,295 DIRECT COUNTY CONTRIBUTION TOTAL 0 863,295 863,295 0 863,295 10. FEES AUTHORIZED BY COUNTY ORDINANCE OR RESOLUTION - COUNTY 001060 CHD SUPPORT POSITION 0 4,500 4,500 0 4,500 001077 RABIES VACCINE 0 0 0 0 0 001077 CHILD CAR SEAT PROD 0 0 0 0 0 001077 PERSONAL HEALTH FEES 0 537,192 537,192 0 537,192 001077 AIDS CO -PAYS 0 0 0 0 0 001094 ADULT ENTER. PERMIT FEES 0 0 0 0 0 001094 LOCAL ORDINANCE FEES 0 180,001 180,001 0 180,001 001114 NEW BIRTH CERTIFICATES 0 73,000 73,000 0 73,000 001115 VITAL STATISTICS - DEATH CERTIFICATE 0 167,622 167,622 0 167,622 001117 VITAL STATS-ADM. FEE 50 CENTS 0 3,500 3,500 0 3,500 001073 CO -PAY FOR THE AIDS CARE PROGRAM 0 0 0 0 0 001025 CLIENT REVENUE FROM GRC 0 0 0 0 0 001040 CELL PHONE ADMINISTRATIVE FEE 0 0 0 0 0 FEES AUTHORIZED BY COUNTY TOTAL 0 965,815 965,815 0 965,815 11. OTHER CASH AND LOCAL CONTRIBUTIONS - COUNTY 001009 RETURNED CHECK ITEM 0 0 0 0 0 001029 THIRD PARTY REIMBURSEMENT 0 0 0 0 0 001029 HEALTH MAINTENANCE ORGAN. (HMO) 0 0 0 0 0 001054 MEDICARE PART D 0 0 0 0 0 001077 RYAN WHITE TITLE II 0 0 0 0 0 001090 MEDICARE PART B 0 0 0 0 0 001190 HEALTH MAINTENANCE ORGANIZATION 0 0 0 0 0 005040 INTEREST EARNED 0 0 0 0 0 005041 INTEREST EARNED -STATE INVESTMENT ACCOUNT 0 22,175 22,175 0 22,175 007010 U.S. GRANTS DIRECT 0 0 0 0 0 008050 SCHOOL BOARD CONTRIBUTION 0 0 0 0 0 008060 SPECIAL PROJECT CONTRI13UUON 0 0 0 0 0 010300 SALE OF GOODS AND SERVICES TO STATE AGENCIES 0 0 0 0 0 010301 EXP WITNESS FEE CONSULTNT CHARGES 0 0 0 0 0 010405 SALE OF PHARMACEUTICALS 0 0 0 0 0 010409 SALE OF GOODS OUTSIDE STATE GOVERNMENT 0 0 0 0 0 011001 HEALTHY START COALITION CONTRIBUTIONS 0 466,283 466,283 0 466,283 011007 CASH DONATIONS PRIVATE 0 0 0 0 0 012020 FINES AND FORFEITURES 0 0 0 0 0 012021 RETURN CHECK CHARGE 0 0 0 0 0 028020 INSURANCE RECOVERIES -OTHER 0 0 0 0 0 090002 DRAW DOWN FROM PUBLIC HEALTH UNIT 0 0 0 0 0 011000 GRANT DIRECT -NOVA UNIVERSITY CHD TRAINING 0 0 0 0 0 011000 GRANT -DIRECT 0 .0 0 0 0 011000 GRANT DIRECT -COUNTY HEALTH DEPARTMENT DIRECT SERVICES 0 594,591 594,591 0 594,591 Version: 5 Page 5 of 7 11. OTHER CASH AND LOCAL CONTRIBUTIONS - COUNTY 011000 DIRECT -ARROW 0 011000 GRANT -DIRECT 0 011000 GRANT -DIRECT 0 011000 GRANT -DIRECT 0 011000 GRANT DIRECT -ARROW 0 011000 GRANT DIRECT -QUANTUM DENTAL 0 011000 GRANT DIRECT -HEALTH CARE DISTRICT PAHOKEE 0 011000 GRANT -DIRECT 0 011000 GRANT -DIRECT 0 011000 GRANT -DIRECT 0 011000 GRANT -DIRECT 0 010402 RECYCLED MATERIAL SALES 0 010303 FDLE FINGERPRINTING 0 007050 ARRA FEDERAL GRANT 0 001010 RECOVERY OF BAD CHECKS 0 008065 FCO CONTRIBUTION 0 011006 RESTRICTED CASH DONATION 0 028000 INSURANCE RECOVERIES 0 001033 CMS MANAGEMENT FEE - PMPMPC 0 010400 SALE OF GOODS OUTSIDE STATE GOVERNMENT 0 010500 REFUGEE HEALTH 0 005045 INTEREST EARNED -THIRD PARTY PROVIDER 0 005043 INTEREST EARNED-CONTRACT/GRANT 0 010306 DOH/DOC INTERAGENCY AGREEMENT 0 001053 MEDICARE - PART A 0 011002 ARRA FEDERAL GRANT - SUB -RECIPIENT 0 011004 LOW INCOME POOL - SUBRECIPIENT 0 OTHER CASH AND LOCAL CONTRIBUTIONS TOTAL 0 12.ALLOCABLEREVENUE-COUNTY 018000 REFUNDS 0 037000 PRIOR YEAR WARRANT 0 038000 12 MONTH OLD WARRANT 0 COUNTY ALLOCABLE REVENUE TOTAL 0 13. BUILDINGS -COUNTY ANNUAL RENTAL EQUIVALENT VALUE 0 GROUNDS MAINTENANCE - 0 OTHER (SPECIFY) 0 INSURANCE 0 UTILITIES 0 OTHER (SPECIFY) 0 BUILDING MAINTENANCE 0 BUILDINGS TOTAL 0 14. OTHER COUNTY CONTRIBUTIONS NOT IN CHD TRUST FUND - COUNTY EQUIPMENTNEHICLE PURCHASES 0 /ersion: 5 0 0 0 u 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 520 520 0 520 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1,083,569 1,083,569 0 1,083,569 0• 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 720,000 720,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 75,000 75,000 0 _ 0 795,000 795,000 0 0 0 0 Page 6 of 7 1. COMMUNICABLE DISEASE CONTROL: IMMUNIZATION (101) 5.28 STD (102) 7.63 HIV/AIDS PREVENTION(03A1) 9.26 HIV/AIDS SURVEILLANCE (03A2) 1.39 HIV/AIDS PATIENT CARE (03A3) 18.52 ADAP (03A4) 2.22 TB CONTROL SERVICES (104) 4.99 COMM. DISEASE SURV. (106) 2.83 HEPATITIS PREVENTION (109) 0.00 PUBLIC HEALTH PREP AND RESP (116) 8.53 VITAL STATISTICS(180) 3.07 :OMMUNICABLE DISEASE SUBTOTAL 63.72 1. PRIMARY CARE: CHRONIC DISEASE SERVICES (210) 5.07 TOBACCO PREVENTION (212) 3.11 WIC (21 W 1) 23.79 WIC BREASTFEEDING PEER COUNSELING (21 W2) 3.03 FAMILY PLANNING (223) 10.00 IMPROVED PREGNANCY OUTCOME (225) 0.00 HEALTHY START PRENATAL (227) 3.61 COMPREHENSIVE CHILD HEALTH (229) 7.45 HEALTHY START INFANT (231) 2.25 SCHOOL HEALTH (234) 9.76 COMPREHENSIVE ADULT HEALTH (237) 24.62 COMMUNITY HEALTH DEVELOPMENT (238) 2.35 DENTAL HEALTH (240) 17.18 ?RIMARY CARE SUBTOTAL 112,22 ENVIRONMENTAL HEALTH: Water and Onsite Sewage Programs COASTAL BEACH MONITORING (347) 0.11 LIMITED USE PUBLIC WATER SYSTEMS (357) 1.49 PUBLIC WATER SYSTEM (358) 0.00 PRIVATE WATER SYSTEM (359) 2.21 INDIVIDUAL SEWAGE DISP.(361) 2.67 Group Total 6.48 Facility Programs FOOD HYGIENE (348) 1.17 BODY PIERCING FACILITIES SERVICES 0.03 GROUP CARE FACILITY (351) 0.75 MIGRANT LABOR CAMP (352) 0.00 HOUSING,PUBLIC BLDG SAFETY,SANITATION (353)0.00 2,068 2,011 72,006 65,000 72,006 65,000 206,362 67,650 274,012 1,468 2,084 110,516 105,516 110,516 105,516 344,110 87,954 432,064 4,788 6,564 192,715 132,515 158,333 132,516 441,079 175,000 616,079 20 60 19,985 14,122 17,000 14,127 65,234 0 65,234 936 8,108 571,081 823,723 900,000 823,722 2,559,926 558,600 3,118,526 80 860 36,245 12,000 17,440 12,000 77,685 0 77,685 540 1,884 68,171 45,000 58,171 45,000 216,342 0 216,342 0 4,916 34,571 65,000 85,429 65,000 0 250,000 250,000 0 0 0 0 0 0 0 0 0 0 2,124 148,713 135,000 170,083 135,000 589,796 0 588,796 8,048 17,576 43,227 67,697 70,000 67,698 0 248,622 248,622 17,948 46,187 1,297,230 1,465,573 1,658,978 1,465,579 4,499,534 1,387,826 5,887,360 9,060 9,022 255,687 254,313 255,687 254,313 0 1,020,000 1,020,000 0 380 43,876 85,000 91,214 91,000 311,090 0 311,090 6,316 102,472 449,968 225,000 267,891 247,0001,189,346 513 1,189,859 0 9,856 25,286 9,430 12,000 9,429 56,145 0 56,145 2,132 3,776 160,103 100,835 118,833 100,935 264,069 216,537 480,606 0 0 0 '0 0 0 0 0 0 1,636 7,468 66,270 125,006 150,000 125,007 0 466,283 466,283 688 2,888 107,299 84,730 90,000 84,730 85,059 281,700 366,759 1,320 4,556 34,383 21,000 14,203 21,000 0 90,586 90,586 0 701,464 189,075 175,466 189,075 175,466 252,897 476,185 729,082 2,648 5.260 392,677 - 278,696 280,000 278,696 244,945 985,124 1,230,069 0 148 44,771 40,035 44,771 40,035 84,842 84,770 169,612 4,816 10,500 287,973 432,544 450,000 432,544 22,741 1,580,320 3,603,061 28,616 857,790 2,057,368 1,832,055 1,963,674 1,860,055 2,511,134 5,202,018 7,713,152 136 140 2,030 1,500 2,468 1,500 7,498 0 7,498 1,228 5,608 27,532 - 19,099 22,282 19,099 26,953 61,059 88,012 0 0 0 0 0 0 0 0 0 440 588 30,665 26,284 30,665 26,283 0 113,897 113,897 556 1,096 41,031 36,037 41,031 36,036 101,197 52,938 154,135 2,360 7,432 101,258 82,920 96,446 82,918 135,648 227,894 363,542 120 544 21,605 13,500 15,750 13,500 55,189 9,166 64,355 0 0 1,736 731 853 730 3,228 822 4,050 160 268 12,064 10,341 12,064 10,340 0 44,809 44,809 0 0 85 50 85 50 0 270 270 0 0 0 0 0 0 0 0 0 Jersion: 4 Page 1 of 2 ,. ENVIRONMENTAL HEALTH: Facility Programs MOBILE HOME AND PARKS SERVICES (354) 0.22 SWIMMING POOLS/BATHING (360) 1.29 BIOMEDICAL WASTE SERVICES (364) 0.55 TANNING FACILITY SERVICES (369) 0.07 Group Total 4.08 Groundwater Contamination STORAGE TANK COMPLIANCE(355) 0,00 SUPER ACT SERVICE (356) 0.18 Group Total 0.18 Community Hygiene TATTOO FACILITIES SERVICES 0.00 COMMUNITY ENVIR. HEALTH (345) 0.00 INJURY PREVENTION (346) 0.00 LEAD MONITORING SERVICES (350) 0.00 PUBLIC SEWAGE (362) 0.00 SOLID WASTE DISPOSAL (363) 0.00 SANITARY NUISANCE (365) 0.14 RABIES SURVEILLANCE/CONTROL SERVICES (366)0.07 ARBOVIRUS SURVEILLANCE (367) 0.00 RODENT/ARTHROPOD CONTROL (368) 0,00 WATER POLLUTION (370) 0.00 INDOOR AIR (371) 0.05 RADIOLOGICAL HEALTH (372) 0.00 TOXIC SUBSTANCES (373) 0.00 Group Total 0,26 ;NVHIONMENTALHEALTH SUBTOTAL 11.00 ). NON -OPERATIONAL COSTS: NON -OPERATIONAL COSTS (599) 0.00 ENVIRONMENTAL HEALTH SURCHARGE (399) 0.00 VON -OPERATIONAL COSTS SUBTOTAL 0.00 TOTAL CONTRACT 186.94 0 12 2,190 1,877 2,190 1,879 7,746 390 8,136 384 824 15,670 13,432 15,670 13,432 48,620 9,584 58,204 88 1o0 6,147 5,865 6,711 5,865 18,179 6,409 24,$88 0 24 470 302 470 302 0 1,544 1,544 752 1,772 59,967 46,098 53,793 46,098 132,962 72,994 205,956 0 0 0 0 0 0 0 0 0 40 92 3,889 1,765 2,091 1,766 9,511 0 9,511 40 92 3,889 1,765 2,091 1,766 9,511 0 9,511 0 120 3,951 150 175 150 574 3,852 4,426 0 0 0 0 0 0 0 0 0 0 0 0 . 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 441 245 441 245 0 1,372 1,372 0 0 758 370 758 371 0 2,257 2,257 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 - 0 0 0 0 0 0 0 0 0 0 386 230 386 230 0 1,232 1,232 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 120 5,536 995 1,760 996 574 8,713 9,287 3,152 9,416 170,650 131,778 154,090 131,778 278,695 309,601 588,296 0 0 0 0 0 0 0 0 0 0 0 5,484 6,640 7,443 6,641 26,208 0 26,208 0 0 5,484 6,640 7,443 6,641 26,208 0 26,208 49,716 913,393 3,530,732 3,436,046 3,784,185 3,464,053 7,315,571 6,899,445 14,215,016 Version: 4 Page 2 of 2 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. DATE: March 19, 2013 REGULAR[] PUBLIC HEARING [] CONSENT[XX] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel 5, McIntyre County Attorney SUBJECT: 2013 Economic Development Exemption Application - Investment Costing Specialists of Florida, LLC; Ordinance No. 13-010 BACKGROUND: FUNDS AVAILABLE: See attached memorandum PREVIOUS ACTION: The letter of intent to provide an ad valorem tax exemption for "Project Oleander" was approved by the Board at its December 18, 2012 meeting. RECOMMENDATION: Staff recommends that the Board accept the report of the Property Appraiser and grant permission to advertise Ordinance No. 13-010 for a public hearing on April 16, 2013 at 9:00 a.m. or as soon thereafter as the item may be heard. COMMISSION ACTION: [ ] APPROVED [ ] DENIED [ ] OTHER: Review utid;Approvals CONCURRENCE: Faye W. Outlaw, MPA County Administrator County Attorney: Management & Budget Purchasing: Daniel S. McIntyre Originating Dept Public Works Finance: (Check for copy only, if applicable) County Eff. 5/96 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel 5, McIntyre, County Attorney C.A. NO. 13-0291 DATE: February 28, 2013 SUBJECT: 2013 Economic Development Exemption Application - Investment Casting Specialists of Florida, LLC; Ordinance No. 13-010 ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- BACKGROUND: On October 6, 1992, the Board adopted Ordinance No. 92-24 establishing a program to exempt certain new and expanding businesses from ad valorem taxation as allowed by state law, a copy of which is attached. On November 5, 2002, and on November 6, 2012, the voters in St. Lucie County approved a referendum authorizing the Board of County Commissioners of St. Lucie County to grant a local economic ad valorem tax exemption. Also attached is Resolution No. 03-258 adopted on October 28, 2003 establishing a property tax exemption phase out schedule and a property tax exemption eligibility rate schedule for new or expanding businesses Attached is an application filed by Investment Casting Specialists of Florida, Inc. As required by state law, the application was forwarded to the St. Lucie County Property Appraiser for review. The comments and findings of the Property Appraiser are contained in the application. As the memorandum states, Investment Casting submitted the required information and met the statutory definition of a new business, Because the improvements were not complete by January 1, 2013, the Property Appraiser has valued the improvements at 0. As a courtesy, the Property Appraiser's'offiCie has provided an estimate for Fiscal Year 2014.* The Property Appraiser's estimate of the taxable value lost to the County if the *This situation illustrates the difficulty of adopting an ordinance before a certificate of occupancy is issued. Adoption of an ordinance before a certificate of 9,ggqpancy;ls issued also requires the use of estimates rather than actual values. Staff intends to present. this issue to the Department of Revenue with a suggestion for legislative change. exemption is granted in Fiscal Year 2014 is $708,542.04. The estimate of revenue lost to the County if the exemption was granted during the current fiscal year is $6,142.38. The application reflects that fifteen (20) St. Lucie County residents will be employed by Investment Casting. Under the property tax eligibility chart, it appears that Investment Casting would receive a four (4) year exemption, phased as follows: Year 1 - 100% Year 2 - 50% Year 3 - 33% Year 4 - 25% Also attached is a copy of draft Ordinance No.13-010 which, if adopted, would grant Investment Casting an economic ad valorem tax exemption for a period of four (4) years. RECOMMENDATION/CONCLUSION: Staff recommends that the Board: 1. Accept the report of the Property Appraiser, 2. Grant permission to advertise Ordinance No. 13-010 for a public hearing on April 16, 2013, at 9:00 a.m. or as soon thereafter as the item may be heard. submitted Daniel S. McInty County Attorney DSM/caf Attachments ORDINANCE NO. 92-24 AN ORDINANCE AMENDING CHAPTER 1-19.3 (TAXATION) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY CREATING ARTICLE V (ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTIONS) RELATING TO ST. LUCIE COUNTY, FLORIDA, TO ENCOURAGE ECONOMIC DEVELOPMENT IN THE COUNTY; ESTABLISHING AN EXEMPTION FROM CERTAIN AD VALOREM TAXATION FOR CERTAIN NEW AND EXPANDING BUSINESS PROPERTIES; PROVIDING DEFINITIONS AND REQUIREMENTS; PROVIDING PROCEDURES FOR APPLICATION FOR EXEMPTION; SPECIFYING DUTIES OF THE PROPERTY APPRAISER IN CONNECTION WITH SUCH PROPERTY; PROVIDING FOR CONFLICTING PROVISIONS; SEVERABILITY AND APPLICABILITY; FILING WITH THE DEPARTMENT OF STATE; EFFECTIVE DATE; ADOPTION; AND CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 196.1995, Florida Statutes, provides the Board of County Commissioners may hold a referendum granting Economic Development Ad Valorem Tax Exemptions under Section 3, Article VIZ of the State Constitution. 2. This Board believes that amending Chapter 1-19.3 (Taxation) of the Code of ordinances of St. Lucie County, Florida, Q� by creating Economic Development Ad Valorem Tax Exemptions for a new or expanding business is in the best interest of the health, safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: %_sAk th-se h passages are deleted. Underlined passages are added. 1 nib Oro P,ZgM afro rot ~ 0 •• wNn 'Nm WNx �o in NNW'' S •p ro n V r• rt on 00 x„ On OD N:t Wan n H M C p N.rt F� C PART A. AMENDM$NT OF CHAPTER 1-19.3 (TAXATION) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA. Chapter 1-19.3 (Taxation) of the Code of Ordinances of St. Lucie County, Florida, is hereby amended by creating Article V (Economic Development Ad Valorem Tax Exemptions) to read as follows: Chapter 1-19.3 TAXATION ARTICLE V. ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTIONS Section 1-19.3-51. Short Title. This Ordinance shall be known as County Ordinance No, 92-24. Economic Development Ad Valorem Tax Exemption Regulations --of County Florida." Section 10 3-59 Enactment and Authority. Pursuant to Section 3 Article VII of the State Constitution and in accordance with Chapters 125 163 192 196 and 214, Florida Statutes and Florida Department of Revenue Rules Chapter 12D-7, Florida Administrative Code incorporated municipalities and counties individually or in combination are authorized and empowered to adopt amend or revise and enforce an ordinance relating to economic development ad valorem tax exemptions, after the electors of such municipality or county, voting on the question in a referendum authorize the adoption of such ordinance. Strusv thos o passages are deleted. Underlined passages are added. 2 0 x w 0 X 0 W N W ro 0 m Section 1-19 3-53. Jurisdiction. The area subiect to this Ordinance shall be incoroorated and unincorporated St. Lucie County. Section 1-19.3-54Purpose and Intent. The public health safety comfort economv, order convenience and general welfare recuire the harmonious, orderly and progressive development of new business and expansion of existing business within Florida and its incoroorated municipalities and counties In furtherance of this general purpose counties by Chanters 125 163 192 196 and 214 Florida Statutes and Florida Department of Revenue Rules Chapter 12D-7 Florida Administrative Code are authorized and empowered to adopt amendor revise and enforce measures relating to economic development ad valorem tax exemptions for new business and expansion of existing business. It is the intent of this Ordinance to secure or to ensure: 2. 3. passages are deleted. Underlined passages are added. 0 N W ro m 4. 5. is Section 1-19 3-55 Definition of'Terms. The following words phrases and terms shall have the same meanings attributed to them in current Florida Statutes and the Florida Administrative Code except where the context clearly indicates otherwise: 1. Applicant Any person or corporation submitting an Economic Development Ad Valorem Tax Exemption application to the Board. 2. Board The St Lucie County Board of Commissioners. 3. Business Any activity engaged in by any person corporation or company with the object of private or public gain benefit or advantage either direct or indirect. 3,1 New Business - A. A business establishing 10 or more jobs to employ 10 or more full-time employees in this County, which manufactures processes, passages are deleted. Underlined passages are added. 4 0 m 0 0 n 00 W N w ro m N a, 0 w compounds fabricates or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing Plant: b. A business establishinq_25 or more Jobs to employ 25 or more full-time employees in this County the sales factor of which as defined by s 220.15(5). Florida Statutes, for the facility with respect to which it recuests an economic development ad valorem tax exemption is less than 0.50 for each year the exemption is claimed No business engaged in retail operations as defined herein shall be eligible for an exemption Pursuant to this subsection b• or c. An office space in this state owned and used by a corporation newly domiciled in this County: provided such office space houses 50 or more full-time employees of such corporation: Provided that such business or office first begins operation on a site clearly separate from any other commercial or industrial operation owned by the same business. passages are deleted. Underlined passages are added. 0 z m 0 x 0 0) N W ro 7 d. AM business located in an area designated enterprise zone that first begins operation on a site clearly separate from any other commercial or industrial operation owned by the same business. 3.2 Expansion of Existing Business a. A business establishing 10 or more Jobs to employ 10 or more full-time employees in this County, which manufactures processes, compounds fabricates or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant: or b. Any business establishing 25 or more lobs to employ 25 or more full-time emollovees in this County, the sales factor of which as defined by s 220 15(51 Florida Statutes for the facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each year the exemption is claimed provided that such business increases operations on a site colocated with a commercial or industrial operation owned by the same business resulting in a net increase in emnlovment of not less than 10 percent or passages are deleted. Underlined passages are added. 6 0 0) N w N 0 Ul an increase `in Productive output of not less than 10 Percent No business engaged in retail operations as defined herein shall be eligible for an exemption Pursuant to this subsection b. p_. Any business located in an enterprise zone that increases operations on a site colocated with a commercial or industrial operation owned by the same business. 3.3 Business engaged in retail operations - a business engaged in a sale to a consumer or to any person of an item of tangible personal Property for any purposes other thin for resale. 4. Department - The Florida Department of Revenue. 5. Improvements - Physical changes made to raw land, and structures placed on or under the land surface. All personal property acquired to facilitate an expansion of an existing business provided that the personal Property is added or increased on or after the day the ordinance is adopted. However, personal Property acouired to replace existing Property shall not be considered to facilitate a businesses expansion. 6. Sales Factor - A fraction the numerator of which is the total sales of the taxbaver in this state during the passages are deleted. Underlined passages are added. 0 z 0 0 0 0 OD N W ro 0 m N 01 0 0+ taxable year or period and the denominator of which is the total sales of the taxpayer everywhere durina the taxable year or period (See Section 220 15(51. Florida Statutes for specifics of computation). Section _1-19 3-56. General. The Economic Development Ad Valorem Tax Exemption is a local option tax incentive for new or expanding business which may be ranted or refused at the sole discretion of the Board To apply for such an exemption a business locating or expanding _in the rporated or unincorporated area of St Lucie County must file an aimlication (Florida Department of Revenue Form DR-415-_- See Attachment 1) with the Board Satisfactory proof that the business meets the criteria for exemption as a new business or expansion of an existing business as defined by this Ordinance must 4666mpany the Application_. The Application shall be filed on or before 1 March of the year in which an exemption is requested. Exemption from County tax may only be granted by the Board. The exemption granted undei this Ordinance shall not accrue to improvements to real property made by or for the use of new or expanding businesses when such improvements have been included on the tax rolls prior to the referendum authorizing this Ordinance. Section 1-19.3-57. Procedure. Before the Board acts on an application it must be submitted to the Property Appraiser for review. After careful consideration, Stru-ie through passages are deleted. added. Underlined passages are 0 w 0 O x 0 N iA1 tOn N 0 J -the Property. Appraiser shall report to the Board concerning thg fiscal impact of arantina exemptions. The Property Appraiser's Report shall include the following: 1 2. 3. 4. After consideration o£ the Yeport of the Property Appraiser, the Board may choose to adopt an ordinance grantinc the tax exemption to a new or expanding business The Ordinance shall be adopted in the same manner as any other ordinance of the Countv. The ordinance shall include the following information• 1. 2. 3. 4. The name and address of the new or expanding business. reele tM-eulh passages are deleted. Underlined passages are added. 9 N w w N 00 Section 1-19.3-58. Fees. Fees charged to offset the cost of Rrocessing the Economic Development Ad Valorem Tax Exemption Application or any Exemption Ordinance shall be adopted by the Board by resolution. Section 1-19 3-59 Eligible Business or Industry. Any business or industry. as defined in Section 1-19.3-55. Faraoraph 3.1 and 3.2. that does not qualify as an ineligible business or industry as defined in Section 1-19.3-60. When considering the issue of whether or not a business or industry is an eligible business as defined herein the Board shall consider the anticipated number of employees average wage, tvpe of industry or business environmental impacts volume of business or production or any other information *relating to the issue of whether the proposed development would significantly improve economic development in St Lucie County prior to accepting the Economic Development Ad Valorem Tax Exemption Application The criteria for determining the length of an exemption and the Percentage amount of an exemption may be formulated by the Board by resolution The criteria shall provide for incentives for businesses that employ St Lucie County residents who establish permanent domicile pursuant to Florida Statutes. passages are deleted. Underlined passages are added. 10 0 z 0 0 0 x 0 OD N w T Section 1-19 3-60 Ineligible Business or Industry. Any business or industry in violation of any federal state or local law or regulation governing environmental matters such as air, water, and noise Pollution. Section 1-19.3-61. Appeals. The decision of the Board not to grant an Economic Development Ad valorem Tax Exemption to a particular business or industry is su iect only to iudicial review Pursuant to the Florida Rules of Appellate Procedure. Section 1-19.3-62 - 1-19.3-70. Reserved. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. passages are deleted. Underlined passages are added. 11 0 z 0 0 0 x 0 N L1 m PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART E. EFFECTIVE DATE. This Ordinance shall take effect only upon approval by the voters on November 3, 1992 of the ballot question authorized by the Board in Resolution No. 92-175. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows; Chairman Jinn Minix AYE Vice Chairman Jack Krieger AYE Commissioner Judy Culpepper AYE Commissioner Havert L. Fenn AYE Commissioner R. Dale Trefelner AYE PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word ""ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B to G shall not be codified. passages are deleted. Underlined passages are added. 12 O 0 0 0 x 0 W N Gl ro m PASSED AND DULY ADOPTED THIS 6th day of October, 1992. ATTEST: BOARD OF COUNTY COMKISSIQNXW., ST. LUCIE COUNTY, FLORIDA. .y DRPU CHAIRMAN s 'i ..' APPRO AS TO FORM �.: �..�: cou�,v• passages are deleted. Underlined passages are added. 13 0 0 0 x rX eaxno ECOND DEVELOPMENT AD VALOREM .:., KEMPTION ' Chapter 196. Rondo Statutes , M w epw wllh !m Eesu er Counp C.wh,wVemn. lm worYnS Ywn sl mY Mn uff"Why, ar hln, nY I. 1n.. MIKn 1 or Mt Ywr sh..E..NIw 11 .K140 IY YY/ 111K1. 1. AwMp.N.M...Mallim AwrYY }. Many On mm/lnpnlepnpnl numwlol OMmrpr Fin. In Ch. run, . fall ..Mr.; W. YSNpDws NYmwr S. Lnnl LKNIen ILsNI DewUllen an0 S\ml AODMq of prganY 1.1 yukh Inn n1Ym II Mail, m a. 0a19 Yw "Pan, or will DaSln: lbuli Y at In#, ImMilly. S. L Daum gon DI Im Im.mvM.RU le nN latently for wTkn InN ....all.. Y nEuiuO 0. Data .1 ....... want 0 ee..hO.M l.11mNK•YYnu: •• .. DYYlnlon al m. unNw nn.w "Mary/ for wh4h Ina; w.mplH, x n.YKUO an, any w.n pr.wnY wY..1 k 1. of. pann...01 D TAXPAYER% rb �l OF TAXPAYER% DATE CONDITION ESTIMATE OF Or ORIGINAL p FAIR MARKET CLASS OR MEN AGE PURCHASE COST $ $ S VALUES. p APPRAISER'S M a USE ONLY N I S, AnraN VNUI oI lnrwterv..ny bu A Any aNIVRMI bay to ... 1. f nN I Ia0 n0pn for W. an sw.pNen k nWww men b sYutmO an Nlm Dn.a03 (YmpNt hnsna ROFsnY Tel an..) bay aYs-H 1. fail brw. }. D. Yw NYn afsmNl.n i a "M.W LYa1np1" ❑ pr Y an "LYwwlen 01 w LYNIIm LYIwY" ❑ S. DraHw tN. TYw ar na.n Nv.urSWnNI: — _. S. THIN Laurin ICNKk K MwYNwp11L' b011 ❑ W.NNOn ❑ Of.nelKWnnS ❑ pnfplloDN (D Anbl ❑ Oflk. I] Ohn [.1 M L MIMw/NIYILVme NnpayM le M.mNDY101n NorIN L. IIIn YNmlen el an 1Y011., I.0." h) NN In[r.Nan EmploYm.n1 er ly) lncnul m pl....0.. ovmm .nmuna Lail. mn a.D.nupn ,1. &.1. 1.,., IN Ill 1my"..bya.N.YYmpllon: Tell ..lY in .len0a trnm Inle fKI111YOna Ill lwlllOn On1Y OIYIO/0 DY TO", NIN nxr.a. lrwn mY lKVly` .. h)IpNllen Only . % li FN.NIn wn e-NOm0Yn o by l lOryenll.. NMY Dpmklu0 In PlanN: c. O.Y.I Ino.rpNaupn In FwnN: 4 NumMr of FN.IIme annually." at fair location: W. 11 manit nY Ia ....."On air in IOY110n In. Num or DIgn N. ana, plan. lumnn ncn &00111en811nlOyann en N nrvinp W Ine CnOtY CenmlYlsry CDy C.mMYi.n..1 PlionlY APPI.N.r. 1 N.Mby mount I. a00011en of an ar0lmnea m"firtS an u.m NlOn Inm I. nlenm iwalen .n in. .'an. "bi pYnuwl IS Snllw ISE.1 Sp S. geHN NYu1.. I .F.. 10 N/nNn ..an In., HaHrum. InIO/mNln, N In. a... at C..." COmmll.iun... In.......Ina.."ad" CI I. mYnlplpall........ Ft., YIP AmprtlW may nyunl in Mara to Ina cumoll.n twunle0 nmin, 1 naner cHulY in., ". Inlermatlon an0 /llueVOn "N..an. OF an .... oonael. MM a.mplae to %a. Paul el mY Yn.m., m. Stan. 1), i nNnO pY .emaOn* ether then Ina taxpayer, nit OKnnllon u DNad on all Information el watch at an any Ya.wluY.I DATE: SIGNED: IF....r..I SIGNED: ora ..Yeq prawns Apereul TITLE: IPnp.1.14 Tsl.ph.ns NuwaM) PROPERTY APPRAISER'S USE ONLY L Thin MMaf ItaliaY11.1.county .1 munitfwlity far far c-1-1 lbe.l Y.I, Ira... Y.lprem... ....... : N. Rn.nw fall to in. e40Y111Y or a1 mYmtlp.hiy to, 1. oUIRMI f Cal YYt by rule. OI aYempli.., p..... ... V .Nnlla unwl tau fnVpn: RL NVmaN of In. nrtnw wnlin w.... .. fell ...nt Iaun1Y o1 muniplN111Y pun., In. turnnl '111.1 Yt.r 11 In. et.mpllpn Ippoep for w.1. ,.nna nt. 1. Safi for which Ina ... .peon I. non..... am ...... ...n.ppm w uuuon: M. Ulimn. al m1 lavNe raw 1.111. In'tornh or mumnplua 11 In, u.mpnpn ap.... I., wtu Iran Yo: M,awmtnV 1. rnl pmatrtY .Inona P.w.NY Y, f wrs .<I..min.o Ina. 1.,.1... 1., 0'.....Y...a111n1 plllnl.lonl N O.......Y S.f.lpn l04.012...... IISI......a Slab..., al a Naw Bu1nn1 L.. lEpf.wll.n o1 an E.u.ln} BYlma. 10. Nluhlr ..J w. Lail VY, In. wmin calm Nlon mr. of ....... SIGNED: AYTURN TO BE FILED NOT LATER THAN MARCH 1 ATTACHMENT 7 OR BOOR 0823 PAGE 2 6 14 GENERAL INFORMATION Under the consitutional amendment passed by the voters of Florida on October 7. 1980. tax exemptions can he granted to new and expanding businesses only alter the voters of a city and/or county vote in a referendum to allow exemptions tot that city or county. Section 196.1995, Florida Statutes, requires that a referendum be held if: (I ) The board of County Commissioners or governing authority of a municipality (city or county commission) votes to hold such a relerendunl. or (2) If the county or city commission receives a petition signed by ten percent of the regislerca voters of the county or city. This referendum question can then be placed before the voters of a city or county at any regular election or special election called for voting on the tax incentive referendum or for any other purpose. If the voters authorize exemptions, a company must first meet the definitions of a new or expanding business' New Business is) A mantlfacturer which establishes ten or more full-time lobs. (b) A business with more than 507, of its sales outside the State of Florida which establishes'_5 or more jobs. (c) Office space of a new Florida corporation homing 50 or more full-time employees of the corpc- ration. (Tile above are applicable if the business is on a site clearly separate from any, other facility owned by tilt a slum or blighted area u defined by Section 163.355. Florida Statutes. (a) A menu acturer that sods a minimum of ten new employees and increases employment by 102 or increases productive output by a minimum of 10%. (b) A business with more than 567f of its sales outside the State that adds a minimum of =5 new em- Ittoyees and increases employment by 10m or increases productive output by a minimum of 10S. The expansion must be on the same or a colocated site of the business current operations. If a business meets one of the above definitions as a new or expanding business. it must then file this applica- tion with the county or city commission or both. After the city or county commission receives this application. it must submit the application to the county lroperty appraiser for review. After the property appraiser makes the report as to the fiscal impact of granting the rxemVtion, the county or city commission shall then adopt an ordinance in the usual manner -granting the exemption. if it chooses to do so. A business cannot receive exemption from School taxes or water management district taxes. Also, a business must pay taxes that were voted by the voters of a city or county to pay for bond issues and other special tax levies authorized by the voters of a city or county. The exemption can only be for the improvements to the real property and for tangible personal property, The {arid on which the new or expanding business is to be located will stillbe taxed and re• -s must be paid on it. The action taken by a city or county commission can only exempt the taxes paid to that governmental body. A city can only exempt its taxes; a county can only exempt its taxes. All other taxes must be paid. This exemption shall first apply to the 1981 assessment rolls. Mlle. 183.340171, Flpna. Slamar. ••Smm al m +ill an are. 1. call Fn Isar! i F. eOmin+nca OI olf.ln" I.foil, N.atra, rNlNnllal O mfroo-lee. ^n 0Y re... ollaO1eallO ..,......Rona astir st psn olon n......Mo.". OtONlion W wntli.- tMy lion,, all, umUDM, o ooan lo+[n. sign .,If, OI seeVlale. an. OwnrO WOmg. Ina . a. Wane[ of [onenlonl will[. I, or pIO cart, w I'll .. omf/ aw[:. I an, t +nnn A' IVin "Con I en.py[Ive 1 n Ol e,1.. ,nuti n rvr<I n` j`.l n[el or coma + o n p.o,l' .1 .1 ma 0) n.nln, F.. rolls welnn. WI , IunaPm., .00t.r 01 tram, vpnb ails., or. eM, Ill.. o FilYnurn asp [e.Olnol wRCn mo.. Ill{ ' pof tn. oY Ilia OI olnl "Mel o one Or more 0I Ior IOnowl to boon MCCM1 IVpl1, ..only Impalas Or solo IM toting .Sol 01 I couvY o1 mum..I'. +tip n r IeNn+[t 10 In. .Vane r lln. till v. m01+13. Or ralbra m ill prN.e, earl rnp w) pn0omin+n[I OI detest- O. imOeOWu still 4YOY\: ."I Va..SinIVI¢noMqmum: m�l: ,o Irv,, so "of o .."Fart" it Unsanitary or unial, 6lvloolon .1 ,, o, oral Imorovr "I MI TN or rolls o. of a. omen<y o Ntl1{n0 in. bn vslu+ 01 in. YnO. I.. rll Don rislio of o",'1"' o o wlaeliw or e. Mwl eonal .1 el tine "'Wen rewnn .Df , Na6aotllb el nna wnnm we oelanonuo oI ..caeca" area. Wnon I11-011(1), none. Staloff, . Failure to a Jvpllutlun oY Ma,[n mall ,onllline . wort of Ina exvm Pin, rot that star. H[llen 154.012(14) me (IS). FunOa SUIYIN, aaul ..New pwlnall'• mtanl: "I A Owlmr, onuo0tmnv 10 e1 iron lot to lmooy 10 or. roWume employer. 1 F.". wince retail ........ email". cam. wane,. bernonon, .1 p.eeuoi m1 I.I. 'lams 01 ungll[pMe.0 0lepanv I n.fo loweon... Mnn epmpin.. an wowln.. or man...... rnp train, . nI STATUTORY DEFINITIONS ,a) i.y ewnen Nupmmnp S or rns .Opt 10 ..P..Y 35 O WIMIr e a plovrN In ga, I.n IlOOI O ce of ..on'I,I Is.") (3al.., Ina lacing [wit. r can to WniCn 11 I+eYRI[ ! [ wNm lOpanl a0 r.l0[am see .....Iran II Ill ll.an 0.50 to, ..In Yol In! nammlen IT uumep: or (3) An, Oih[e F.F. In FII,.. Owne. an. ... or+coroll newt oommno I. Fenno+ :par. . YJ n [mponvIf- .. net I[euN,vN o 1 .11. .1'.. a .Ilia aavly 1.. all I,.m any V vital InOw,o ln., oDltasnl owned pY .n .f in. corl ono) as, Full mule. In m.... nofa ions or offenses, area vunwns to 1, 36J.355. For I.! OY.ppI! OI Imr Ie[llor. In! or., torn .Its or VIIvmN wu loan rim m. time munlnv n I. ,, 16J.J+DP 1 an. If ). 115) "Eewwo, ofmuh11n90wlnl.•' m.a., (.1 A glints ellaolllnlnp l0 .1 male I.. to mpmy 10 .1 nl lull-slme .m.'l In For... wmm m.nulavluu., Processes, [ voun0., b.nuul,.1 .rosin 1., tie l F-, o unottle personal properly at a IIRN lool,on an. wmm mmp.al an m.olllbl 01 m.nuan- W.a pfml: o, ono) A.y owner, allmnletnts 25 or insn, tom to lner.Y 25 Is mI. IVlnl,me ampfoy.es in Fmlle.. wool 1.11, 1.11.1 al OMnlo py 1 214.71(31'or In. Ildlnv win r"pa[I to wnnn n requests an aconons l ..nmpmlm an .fare. to . monen ,1 tlu wan o.50 I., ..in Year m. P.mpu...1 mine.: .. ..... IN, . . OY.me.. In sp., amw , + e mmuo win a [ n.ra i .11...I, IF, O e oy r n slating i nil~ mloymenl of not ,.I seen 10 p...... O e In Oroo UGn.. Ovlpw OI no. 1"I Iran 10 re ... ir. Section 311.7113), Florida Slluln - S+I. FaCt.r (3) Tin win bdp, is . IwCSOn tn. n . (OI wnl<n it In. IOu, tun o11n, wap.Yal In In n11.11 .YI,n9 Ina I+aaOlf Yw, Or for... an. so. amommatol 01 will[. .1 In. local cats of tn. m..Y.e ewrvwn[n punng oe ua+m. Va., I saluM. 1.)!. SMe or 1 v/Iv a ist In ...1 tun .1 In, P,OI/IY Is 1 ail.la Oof snip ND 1.. oYrcMw .1eln mb star., rlfa lm of Ina I.O.p. point .1 Intl on.dilanl OI In. Illy. a, will. mrw hull n F.I.F. pv a {pogo, aLw II l for.,.mlmblr. oy+ SroMr+nlmua• 10 a t00o1[allw. of DY + II.w.I-ps"Walnl to a Floral oroCMlel, Ina lull floor for rum f en W Iucn ant trll DmMrN aD lot. Doers. a., Shall far IF, Nml I Ica sales III., I., In, moll la ens l... le Va., of in., DfOHllol. In, 111E ,ate. uornt[t omy u a wrtenuvt II' - In. ..." w m lin I 1. IIIIll, isIn ot Ins DI [this' ,nab or wn.nnN On In. I. r trOv.l pl.-.,.y .he, II net Nm ..ses. .In. for inn LupM ynr. J. R.ImDurxmml .1 opMN anal an.cane,' onlrrd pelwean. [oogrlli N, a e,ewl,•m..' 0.1 of a toownhre, of . IOwlr lvl . on -tons., will not oe aumla . Fell wnnm Ins lull. ID) $ill .1. Until.. orl.lLpon. Insfra . OI no. nmlu. u, p.eamt .nil I.r1nP INlll,r ant. Inrlimmnt Inno.nl.s, real Mau ..W11 Irons lots, .no .robin comwnles.INll" In Imes 11.1. II aellwa 11on,I 1. Fen, rommnnol, or in., tpminunOn on Ilnencnl urvr.as I ... ".a canal. Imo Iulr' a. O,ll proms from trading In fleeter. 00"I 0eon., .etueltlel m.n.la ef'rin in in tea.. 3. firer", mo .11ama. ncslwa wunm ton lul,I a. mums trial. to twlomM It oum 0 Dlmel mlmulnta w,m,. Ito It... mI oary non basil orons. of raj o.n se ... nU, ..I...1 Dr, of any codin Infrared Carrying I VCn +, feul,�.n. 5. Anr Omr, p/., In sraumv fro -+I., nD.l.hnn .1 . trans... Ilnl.es... wrinm Mr in motions Ina arpounu Fairgo to In W Verson. III amO.n1 alin,na. .Y a [. is. a. IllilultC Olo.. III....nso ..ol .. lees sal of Ina Internal All Col. OV: wllno Vt Is. brin[e to wnnn" an, Ica. GerOobnM 11 In 'InIl.... I. GlPownOn" urn., 1, 150.1b) or :n. Insane, dare..! C........ . nine, mane" ill Iucn vmu0 emu el mcmow MIV In Ins ,." .rer,or, l uNnan or in, al mnnlr al.. l:.yllw. OO9Z SOW e Zee O X009 ao IIM MNMN IrNN MN NNM MW 0 MIN I A. RESOLUTION NO. 03-258 A RESOLUTION ESTABLISHING APPLICATION PROCEDURES AND A REVISED PROPERTY TAX EXEMPTION ELIGIBILITY CHART AND PHASE OUT SCHEDULE FOR NEW OR EXPANDING BUSINESSES APPLYING FOR AN ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On November 5, 2002, the voters in 5t. Lucie County approved a referendum authorizing the Board of County Commissioners to grant a local option economic ad valorem tax exemption. 2. On October 6,1992, this Board adopted Ordinance No. 92-24, which amended Chapter 1-19.3 (TAXATION) of the Code of Ordinances of St. Lucie County, Florida, by creating Article V - Economic Development Ad Valorem Tax Exemption. Section 1-19.3-59 (Eligibility Business or Industry) of Ordinance No. 92-24 provides for the formulation of criteria for determining the length of an exemption and the percentage amount of an exemption pursuant to resolution of this Board, 3. On September 3, 2002, the Board adopted Resolution No. 02-196 establishing a property tax exemption eligibility chart and phase out schedule for new or expanding businesses. 1 4. The Board desires to adopt new application procedures and a revised eligibility chart and phase out schedule for the County's Economic Development Ad Valorem Tax Exemption Program. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida; 1. This Board hereby adopts the application procedures and revised Property Tax Exemptions Phase Out Schedule and Property Tax Eligibility Chart, attached hereto and referred to collectively as Exhibit "A", for purposes of establishing eligibility of a tax exemption for new or expanding businesses. 2. The Boardsholl havethe discretionto modifythe eligibility requirements based on other significant factors including, but not limited to, the following: business; a) The increase in local employment attributable to the new or expanding b) The unemployment and underemployment of the available local labor force and the types and wages of jobs created therein; business; c) The amount of capital investment purchased by the new or expanding d) The ability of the County to otherwise meet its total fiscal needs should the requested exemption be granted; P e) The cost of any increased local government services, including but not limited to roads, water, sewer, gas and law enforcement, and other direct expenditures associated with that specific business. 3. The Board reserves the right to require a company receiving an ad valorem tax exemption from the County to refund the exemption amount with interest in the event the company closes the facility that was the subject of the exemption within fifteen (15) years after the Board grants the exemption. 4. Resolution No. 02-196 is rescinded upon adoption of this resolution. 5. This Resolution shall take effect upon adoption. After motion and second, the vote on this resolution was as follows: Chairman Cliff Barnes AYE Vice Chairman Paula Lewis AYE Commissioner Doug Coward NAY Commissioner John Bruhn ABSENT Commissioner Frannie Hutchinson AYE PASSED AND DULY ADOPTED this 28th day of October, 2003, BOARD OF COUNTY COMMISSIO ATTEST:/- ST. LUCIE COUNTY, 3 APPROVED AS TO FORM AND 4 Ad Valorem Tax Exemption Program St. Lucie County The St. Lucie Board of County Commissioners (BOCC) is pleased to provide the application and instructions for the Economic Development Ad Valorem Tax Exemption Program, which is designed to assist economic development through exempting certain property taxes. First, to help determine if you qualify under this incentive program, you should read Section IV, "Do You Qualify for a Tax Exemption". If you have any questions about this program, including eligibility, or regarding the application process, please contact Victoria Stalls, Economic Development Analyst, at (772) 462-2536. Table of Contents I. Program Intent It. Enactment Authority Ill. Definition of Terms IV. Qualification for Tax Exemption — "Do You Qualify for a Tax Exemption" V. Application for Exemption VI. Exemption Application Process VII. Contact Source for Assistance. Attachments A. State Application, County Supplemental Application, Annual Report Forms B. Economic Development Ad Valorem Tax Exemption Ordinances: Ordinance #92-24 C. Section 196.195 F.S. and Section 196.012 Subsections (15) and (16) F.S. D. St. Lucie County Tax Exemption Guidelines 1. Program Intent The St. Lucie Board of County Commission, in Florida believes that local government should support economic growth by providing an incentive for County employment opportunities that will lead to the improvement in the quality of life for County residents, positive expansion of the economy in terms of new jobs and improvements to real and personal property, and creating jobs in such a way so as not to disadvantage existing businesses while recognizing that productive competition fosters economic growth. The Economic Development Ad Valorem Tax Exemption is a local option tax incentive for new or expanding businesses, which may be granted at the sole discretion of the Board of County Commissioners. Incentives could be provided to businesses of diverse industries that would have a positive impact on the County's economy. Any exemption granted may apply up to one hundred percent (100%) of the assessed value per Section 9 and Section 12 of Article VII, of the Florida State Constitution, of all improvements to real property made by or for the use of a new business and of all tangible personal property of such new business, or up to one hundred (100%) of the assessed value of all added improvements to real property made to facilitate the expansion of an existing business and of the net increase in all tangible personal property acquired to facilitate such expansion of an existing business, provided that the improvements to real property are made.or the tangible personal property is added or increased after the date of the preliminary application or one year prior to the filing of the final application. Property acquired to replace existing property may not be considered to facilitate a business expansion. The exemptions may not apply to improvements to real property made by or for the use of new or expanding businesses when such improvements have been included on the tax rolls prior to the preliminary application or one year prior to the filing of the final application. The ability to receive an exemption for the period granted is conditioned upon the applicant's ability to maintain the new business or the expansion of an existing business as defined in Section III.E. and H, throughout the entire exemption period. The applicant will be required to submit a report on an annual basis to the County evidencing satisfaction of this condition. The annual report shall be submitted on the attached form. In addition, any business granted an exemption will furnish to the County or its designee such information as the County or its designee may reasonably require for the purpose of determining continued performance by the business of the conditions stated in the exemption ordinance and the representations made in the application. Enactment Authorlt Article VII, Section 3 of the Constitution of the State of Florida and Section 196.1995 Florida Statutes, empower the County to grant Economic Development Ad Valorem Tax Exemptions after the electors of the County, voting on the question in a referendum, authorize such exemptions. In a referendum held on this issue on November 5, 2002, the voters of St. Lucie County authorized the County to grant Economic Development Ad Valorem Tax Exemptions. This exemption program is applicable in all areas of St. Lucie County where the County is the taxing authority. The exemption applies only to taxes levied by St. Lucie County, where the County is the taxing authority. The exemption does not apply to taxes levied by the school district or water management district, fire district or to taxes levied by the voters for the payment of bonds or other special taxes authorized by a vote of the electors pursuant to Section 9 and Section 12. Article VII, of the Florida State Constitution. The Ordinance (Ordinance No. 92-24) that implements the tax abatement program is entitled "Economic Development Ad Valorem Tax Exemption Ordinance of St. Lucie County, Florida". Resolution No. 03-258 provides additional guidelines for implementation of the Ad Valorem Tax Exemption Program. III. Definition of Terms The following words, phrases, and terms shall have the same meanings attributed to them in current Florida Statutes and the Florida Administrative Code, except where the context clearly indicates otherwise: A. Applicant — Any person, firm, partnership, or corporation that files an application with the St. Lucie Board of County Commissioners seeking an economic development ad valorem tax exemption. B. Business — Any activity engaged in by any person, firm, partnership, corporation, or other Business organization or entity, with the object of private or public gain, benefit, or advantage, either direct or indirect. C. Coun — St. Lucie County. D. Department — The Florida Department of Revenue. E. Expansion of an Existing Business: As defined in Section 196.012(16), Florida Statutes, an Expansion of an Existing Business means: (a) A business establishing ten (10) or more jobs to employ ten (10) or more full-time employees in this State, which manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; (b) Any business establishing twenty-five (25) or more jobs to employ twenty-five (25) or more full-time employees in this State, whose Sales Factor, as defined by Section 220.15(5), Florida Statutes, for the facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each year the exemption is claimed; or (c) Any business located in an Enterprise Zone that increases operations on a site collocated with a commercial or industrial operation owned by the same business. 2. Any expansion of an existing business must increase operations on a site collocated with a commercial or industrial operation owned by the same business, resulting in a net increase in employment of not less than ten percent (10%) or an increase in productive output of not less than ten percent (10%). The ten percent (10%) requirement does not apply to Enterprise Zones. F. Extraordinary as determined by St. Lucie Board of County Commissioners. G. Improvements — Physical changes made to raw land, and structures placed on or under the land surface. H. New Business - As defined in Section 196.012(15), Florida Statutes, a new business means: A Business establishing ten (10) or more jobs to employ ten (10) or more full-time employees in this State, which manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; or 2. Any business establishing twenty-five (25) or more jobs to employ twenty-five (25) or more full-time employees in this State, whose Sales Factor, as defined by Section 220.15(5), Florida Statutes, for the facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each year the exemption is claimed; or 3. An office space in this State owned and used by a corporation newly domiciled in this State; provided such office space houses fifty (50) or more full-time employees of such corporation; or 4. A business located in an Enterprise Zone (pursuant to Section 290.0065, Florida Statutes). 5. Any new business must first begin operation on a site clearly separate from any other commercial or industrial operation owned by the same Business. Property within a Community Redevelopment Area (CRA) — Any property located within a CRA created pursuant to Section 163.330, et.seg. Florida Statutes where a portion of the County tax revenue will go directly to the CRA. J. Real Property — Shall be defined in Section 192.001, Florida Statutes, K. Sales Factor — As defined in Section 220.15.(5), Florida Statutes, the sales factor is a fraction, the numerator of which is the total sales of the taxpayer in this State during the taxable year or period and the denominator of which is the total sales of the taxpayer everywhere during the taxable year or period. L. State — State of Florida. M. Tangible Personal Property — Shall be as defined in Section 192.001, Florida Statutes. IV. Qualification for Tax Exemption "Do You Qualify for a Tax Exemption" Before completing an application, please read the following eligibility requirements that determine whether you qualify for a tax exemption under the Economic Development Ad Valorem Tax Exemption ordinance of St. Lucie County, Florida" (Ordinance No. 92- 24), A. Ad valorem tax exemptions apply to new businesses locating to St. Lucie County and to expansion of businesses already situated in St. Lucie County. B. New or expanding businesses must make a positive contribution to the economy of St. Lucie County in terms of new jobs and improvements to real and personal property. C. Incentives are applicable to businesses of diverse industries with the exception of retail operations. D. Any and all exemptions granted must result in an economic benefit to the County, i.e., exemptions would support St. Lucie County and its existing businesses. E. The applicant must be a person, firm, partnership, or other Business organization or entity, with the object of private or public gain, benefit, or advantage, either direct or indirect. F. New Business As defined in Section 196.012.(15), Florida Statutes, a new Business must meet the following criteria: (a) A business establishing ten (10) or more jobs to employ ten (10) or more full-time employees in this State, which manufactures, processes, compounds, fabricates, of produces for sale items of tangible personal property at a fixed location and which comprises an Industrial or manufacturing plant; or (b) Any business establishing twenty-five (25) or more jobs to employ twenty-five (25) or more full-time employees in this State, whose Sales Factor, as defined by Section 220.15(5), Florida Statutes, for the facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each year the exemption is claimed; or (c) An office space in this State owned and used by a corporation newly domiciled in this State; provided such office space houses fifty (50) or more full-time employees of such corporation; or (d) A Business located in an Enterprise Zone (pursuant to Section 290,0065, Florida Statutes). (e) Any new business must first begin operation on a site clearly separate from any other commercial or industrial operation owned by the same business. G. Expansion of an Existing Business As defined in Section 196.012(16) Florida Statutes, an Expansion of an Existing Business must meet the following criteria; (a) A business establishing ten (10) or more jobs to employ ten (10) or more full-time employees in this State, which manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal properly at a fixed location and which comprises an industrial or manufacturing plant; or (b) Any business establishing twenty-five (25) or more jobs to employ twenty-five (25) or more full-time employees in this State, whose Sales Factor, as defined by Section 220,15(5) Florida Statutes, for the facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each year the exemption is claimed; or (c) Any business located in an enterprise zone that increases operations on a site collocated within commercial or industrial operation owned by the same business. 2. Any expansion of an existing business must increase operations on a site collocated with a commercial or industrial operation owned by the same business, resulting in a net increase in employment of not less than ten percent (10%) or an increase in productive output of not less than ten percent (10%). The ten percent (10%) requirement does not apply to Enterprises Zones. H. The exemptions shall not accrue to improvements to real property made by or for the use of new or expanding businesses when such improvements have been included on the tax rolls prior to the preliminary application or one year prior to the filing of the final application. Property acquired to replace existing property shall not be considered to facilitate a business expansion. J. No exemption shall be granted for the land upon which new or expanding businesses are to be located. K. The ability to receive an exemption for the period granted is conditioned upon the applicant's ability to maintain the new business or the expansion of an existing business throughout the entire period. L. Any existing business in violation of any federal, State, or local law or regulation governing environmental matters is not eligible for an exemption. 0 V. Application for Exemption A. Any eligible person, firm, partnership, or corporation, which desires an exemption, must file with the County's Economic Development Division, an application prescribed by the State Department (Form DR-418, and County Supplemental application. B. The application requests that the County adopt an ordinance granting the applicant the exemption and includes, at a minimum, the following: 1. The name and location of the new business or the expansion of an existing business; 2. A description of the improvements to the real property for which an exemption is requested and the date of commencement of construction of such improvement and estimated completion date; 3. A description of the tangible personal property for which an exemption is requested and the dates when such property was or is to be purchased. 4. Proof, to the satisfaction of the County, that the applicant meets the criteria for a new business or for an expansion of an existing business as defined in Section III; 5. The following information: (a) anticipated total number of employees and new employees; (b) expected number of employees who will reside in St. Lucie County; (c) average wage of employees (excluding the top executive's salary); (d) type of Industry or business; (e) environmental impact of business; (f) anticipated volume of business or production; (g) whether relocation or expansion would occur without the exemption; (h) cost and demand for services; 10 (i) source and supplies (local or otherwise); (j) whether business will be/is located in a community redevelopment area; 6. Other information deemed necessary by St. Lucie County. C. If a new Business or an Expansion of an Existing Business is locating in a Community Redevelopment Area, the Community Redevelopment Board shall be provided with a copy of the application for review and comment. Input from the Community Redevelopment Board will be considered in deciding whether an application is to be granted. Should the Community Redevelopment Board object to the granting of Tax Exemption, the agency may submit an objection in writing to the BOCC for its consideration. 11 VI. Exemption Application Process The "fully completed" Economic Development Ad Valorem Tax Exemption final application must be filed with the St. Lucie County, Economic Development Division, by a representative of the company. The threshold for eligibility is whether the Business meets the definition of a new business or of an expansion of an existing business as defined in Section III, and one which is not an ineligible Business or industry. The County will take action on the final application, including the enactment of the required ordinance should the County decide to grant the exemption, within ninety (90) days from the date that a fully completed final application is accepted, During this 90- day period, interested agencies and parties will have an opportunity to review and comment on the application. To impact the November tax bill, the final application must be submitted by March 15' of the same year. The following steps provide the applicant a reasonable understanding of St. Lucie County Economic Development Ad Valorem Tax Exemption process and requirements. Step 1: Preliminary Application Submittal: It is recommended that anyone contemplating whether to file an exemption application must first contact the County's Economic Development Division, and request a meeting to assess the feasibility of filing an exemption application and acquire assistance in completing the preliminary application. Step 2: Submission of Preliminary Application to the County: On behalf of the applicant, the representative of the company will submit one original of the State application, the County supplemental application, a one -page narrative describing the business, and appropriate attachments. The applicant will also submit a map identifying the location and configuration of the subject property with legal description. Step 3: Preliminary Eliaibllity and County Commission Resolution: The County Economic Development Office will accept and review the application for preliminary eligibility. The Economic Development Division will review and notify the applicant of eligibility and/or any application deficiencies within thirty (30) days of submission. Step 4: Preparation of the Final Application: Upon receipt of the final application, the County's Economic Development Division will: (1) determine eligibility; (2) request the Property Appraiser to conduct its analysis; (3) conduct an economic impact analysis; and (4) advertise for a public hearing to consider adopting an exemption ordinance on behalf of the business. Step 5: Review, Analysis and Recommendation of the Property Appraiser and EDD: Within a 90-day period, copies of the application are to be reviewed by the St. Lucie County Property Appraiser's Office and St. Lucie County staff. Any legal issue will be referred to the County Attorney's Office for review and comment. The Property Appraiser will review the application and provide in writing the fiscal 12 impact of granting the exemption, sign the State application, and forward to St. Lucie County Economic Development Division's Office. As required by Florida Statute the Property Appraiser's report will include the following: The total revenue available to the County for the current fiscal year from ad valorem tax sources or an estimate of such revenue if the actual total available revenue cannot be determined; 2. The amount of revenue lost to the County for the current fiscal year by virtue of exemptions previously granted, or an estimate of such revenue if the actual revenue lost cannot be determined. 3. An estimate of the amount of revenue which would be lost to the County for the current fiscal year if the exemption applied for was granted had the property for which the exemption is requested otherwise been subject to taxation; and 4. A determination as to whether the property for which an exemption requested is to be incorporated into the new business or the expansion of an existing business, or into neither, which determination the Property Appraiser shall also affix to the face of the application. Upon request, the Department will provide the Property Appraiser such information as it may have available to assist in making this determination. St. Lucie County staff will review a copy of the application. The EDD staff will conduct an economic impact analysis and forward its comments to the County Administrator. Step 6: Preparation of the Exemption Ordinance: The Economic Development Division will forward to the County Attorney's Office for preparation of the Ordinance and for scheduling the exemption application and ordinance, including the report from the Property Appraiser, the economic impact analysis from the Economic Development Division, and the County staff recommendation to be considered by the St. Lucie County Board of Commissioners. After consideration of the application and the report of the Property Appraiser on the application, the County may choose to adopt an ordinance granting the exemption to a new or expanding business. If granted, the ordinance shall include the following information: 1. The name and address of the new business or expansion of an existing business; 2. The total amount of revenue available to the County from ad valorem tax sources for the current fiscal year, the total amount of the revenue lost to the County for the current fiscal year by virtue of 13 exemptions currently In effect, and the estimated amount of revenue attributable to the exemption granted to the new or expanding business. 3. The expiration date of the exemption, which is no more than ten (10) years or less (depending on the duration of the exemption granted) from the date the County enacts the ordinance granting the exemption; and 4. A finding that the business meets the definition of a new business or of an expansion of an existing business as set forth in Section III. See wage and investment. Then go to attachment Chart A which defines the exemption guidelines for determining the tax exemption percentage per year for property located outside a CRA area or Chart B is for property located within a CRA area. Property located outside a CRA area will have the tax exemption on both Real Property and Tangible Personal Property while a property located within a CRA area will have a tax exemption on Real Property Only. Note: These are guidelines only. Each exemption is determined on an individual case basis by the Board of County Commissioners. 14 VII. Contact Source for Assistance Exemption applications are available at the County's Economic Development Division in the County Office on 2300 Virginia Avenue, Fort Pierce. Inquiries on the tax exemption program will be handled by this County Division. However, the Property Appraiser's Office will handle inquiries that pertain to Property Appraiser information only. An applicant/agent who is trying to determine the viability of filing an application should contact St. Lucie County Economic Development Division. St. Lucie County Economic Development Division 2300 Virginia Avenue Fort Pierce, Florida 34982 (772) 462-1550 phone (772) 462-1579 facsimile Larry Daum, Economic Development Mgr. Victoria Stalls, Economic Development Analyst 15 St Lucie County Ad Valorem Tax Exemption Program Program Guidelines New or Existing Business — Number of lobs created Points 25-49 5 50-99 7 100-199 9 200+ 10 Note: Existing business must be a minimum of 10% increase in employees to qualify Average Hourly Wage Rate for New Employees Points Less than $12.00 per hour -4 90% of average - $12.00 per hour 2 Average - $13,34 per hour 4 25% above the average - $16.68 per hour 6 50% above the average - $20.00 per hour 10 100% above the average - $26.68 per hour 12 Capital Investment Points $150,000 — $1,000,000 2 $1,000,001 - $5,000,000 4 $5,000,001 and up 6 Scoring - see Attachment I Adjustment Consideration #1: The St Lucie County Commissioners may consider an individual or company documentation indicating that the business is going to be critical to attracting other key businesses of that industry cluster; in those incidences, program guidelines may be adjusted on a case -by -case basis. Note: These are guidelines only. Each exemption is determined on an individual case basis by the Board of County Commissioners. nBVISOd 10/2a(03 16 a e ge ae ae ae ae ae ae ae ae o 00000 BP'S B o00000o Y N N b ogo N N O TQ� 00 �YWF2Q ,�a44 �p�p �J bb�EE O V O bNC1 t� p p O pp NNNOO e i 000R��§ �1A��o a T 'm ae ae � e ae ae o ae ae ae ae aeyp a r 9 C a� aeae IL a a` aeaeae�x�eae-e 4 aeaeaYaeo aeae E ¢ x W $ e ^ f O N D o e aaR ape �bQ O op aag ge opt ape �° e F C w pA° N ID m1010 W W p 088 800 _a 3 r `o a� n ae ae ae ae ae ae ae 5 ae a oe oe ee ae ae kQ o Nq P288888 8888888 a V T QC V c ,M ~ tM ~ al eAaea'aeae aeataeaeaeaeae J $ T 8888888 8888888 Nd a t9 V c i5 F Ot'f iDAN tbANN 1� N V rdt3 8 G 0 St. Lucie County Board of County Commissioners Economic Development Ad Valorem Tax Exemption Ordinance No. 92-24, St. Lucie County Code of Ordinances Chapter 196, Florida Statues ANNUAL REPORT Applicant Name: As required by the Economic Development Ad Valorem Tax Exemption Ordinance 03.258, Board of County Commissioners St. Lucie County, Florida, this form is to be flied with the Board of County Commissioners no later than January 31 of each year the exemption is desired. 1. Business Name: 2. 3, 4. 5. Mailing Address: Name of person in charge or owner of Business: Telephone No.: (_) Fax No.: (_) Location of Business (legal description and street address) of property for which this report is filed: Date Business opened at this facility: a. Description of the improvements to real property for which this exemption is requested: b. Date of commencement of construction of improvements: 6. a. Description of the tangible personal property for which this exemption is requested and date when property was purchased: (Provide this inforniatton on State form DR-405 (Tangible Personal Property) b. Average Value of Inventory on hand: 7. Have you maintained the definition of a "New Business" [ ) or an "Exemption of an Existing Business" [ I I Yes [ ] No 8. Describe the Type or Nature of Your Business: 9. Trade Level (check as many as apply): [ ] Wholesale [ ] Manufacturing [ ] Office [ ) Service [ J Other 10. a. Number of new full-time employees employed in St. Lucie County, Florida: _ (1) Increase in productive output resulting from this expansion (2) (3) Number of St. Lucie County residents employed Total number of hours worked during calendar year of exemption [ J Professional (4) Total gross wages paid during calendar year of exemption (less the top executive's salary) (5) Number of employees prior to filing for an exemption _ 11. Sales factor for the facility requesting exemption: Total sales in Florida from this facility — one (1) location only Everywhere from this facility — one (1) location only = divided by total sales 12. For office space owned and used by a corporation newly domiciled in the state of Florida: a. Date of incorporation in Florida: b. Number of full-time employees at this location: 13. If requesting an exemption due to location in a slum or blighted area, please furnish such additional information as required by the Board of County Commission or Property Appraiser. I agree to furnish such other reasonable information as the Board of County Commissioners, St. Lucie County, Florida, may request in regard to the exemption. I hereby certify that the information and valuation stated by the above by me is true, correct, and complete to the best of my knowledge and belief. (If prepared by someone other than the taxpayer, his declaration is based on all information for which he has any knowledge.) DATE: SIGNED: (Taxpayer) TITLE: SIGNED: (Preparer) (Preparer) (Preparer's Telephone Number) PROPERTY APPRAISER'S USE ONLY Estimate of the revenue which will be lost to the County during the current fiscal year had the exempt property otherwise been subject to taxation: 2. Estimate of the taxable value lost to the County: Improvements to real property: DATE: SIGNED: Tangible Personal Property: (Property Appraiser) ECONOMIC DEVELOPMENT DIVISION (EDD) USE ONLY Total number of employees: Current hourly wage: RETURN TO BE FILED NO LATER THAN JANUARY 31 10-28-03 • H;%ECONOMICIADVALOREMWPPLICATION M St. Lucie County Board of County Commissioners Economic Development Ad Valorem Tax Exemption Ordinance No. 92.24, St. Lucie County Code of Ordinances Chapter 196, Florida Statues SUPPLEMENTAL APPLICATION Applicant Name: NOTICE: This supplement is to be used by the Applicant to provide additional information required by the Economic Development Tax Abatement Ordinance 03-258, Board of County Commissioners, St. Lucie County, Florida; and to provide other information requested by the Board of County Commissioners and the entities that will review the application. Please provide a one page narrative describing the company and the relocation/expansion plans. 1. Length of exemption requested is a total of years (length of exemption approved is sole discretion of the Board of County Commissioners and commences on the adoption date of the ordinance granting the exemption). 2. Property Owner Name: Address: Telephone No.: (_) 3. Authorized Agent: _ Address: Telephone No.: (_) Fax No.: (_) Fax No.: (_) 4. Type of Industry or Business: 5. Anticipated new capital investment as a result of expansion or relocation of Business: New construction: New tangible personal property: 6. Environmental impact of Business. (Identify the number of and type of environmental permits required as a result of this project: e.g, air, soil and water pollution, water and sewer, dredge and fill, stormwater, industrial waterway): 7. This relocation or expansion would not occur without the exemption: Yes [ ] No[ ] 8. Source of supplies (local or otherwise): % source of supplies County: Rio source of supplies Florida: % source of supplies out -of -State: 9. Business is/will be located in a community redevelopment area: Yes [ ] No [ ] Name of area: I hereby confirm the information provided by to the Board of County Commissioners, Economic Development Division, St, Lucie County, Florida, for the purpose of calculating the economic impact and benefit of the proposed tax abatement is true, accurate and complete. I further confirm that is not in violation of any federal, State or local law, or regulation goveming environmental matters; SIGNED: TITLE: SIGNED: (Taxpayer) (Preparer) (Preparer) (Preparer's Telephone Number) ECONOMIC DEVELOPMENT DIVISION (EDD) USE ONLY EDD Economic Impact Analysis: Staff's recommendation: Date: Signed: (print name and title) 10-07-03 - H:\ECONOMICIADVALOREM%SUPPLEMENTAL APPLICATION 2 SL Lucie County Board of County Commissioners Economic Development Ad Valorem Tax Exemption Ordinance No. 92-24, St. Lucie County Code of Ordinances Chapter 196, Florida Statues SUPPLEMENTAL APPLICATION Applicant Name: NOTICE: This supplement is to be used by the Applicant to provide additional information required by the Economic Development Tax Abatement Ordinance 03-258, Board of County Commissioners, St. Lucie County, Florida; and to provide other information requested by the Board of County Commissioners and the entities that will review the application. Please provide a one page narrative describing the company and the relocation/expansion plans. 1. Length of exemption requested is a total of years (length of exemption approved is sole discretion of the Board of County Commissioners and commences on the adoption date of the ordinance granting the exemption). 2. Property Owner Name: Address: Telephone No,: (_) Fax No.: (_) 3. Authorized Agent: Address: Telephone No.: (_) Fax No.: (_) 4. Type of Industry or Business: S. Anticipated new capital investment as a result of expansion or relocation of Business: New construction: New tangible personal property: 6. Environmental impact of Business. (Identify the number of and type of environmental permits required as a result of this project: e.g, air, soil and water pollution, water and sewer, dredge and fill, stormwater, industrial waterway): 7. This relocation or expansion would not occur without the exemption: Yes f [ No[ 1 8. Source of supplies (local or otherwise): % source of supplies County: % source of supplies Florida: % source of supplies out -of -State: 9. Business is/will be located in a community redevelopment area: Yes [ I No [ [ Name of area: I hereby confirm the information provided by County Commissioners, Economic Development Division, St. calculating the economic impact and benefit of the proposed tax further confirm that local law, or regulation governing environmental matters: DA SIGNED: TITLE: SIGNED: (Taxpayer) to the Board of Lucie County, Florida, for the purpose of abatement is true, accurate and complete. I is not in violation of any federal, State or (Preparer) (Preparer) (Preparer's Telephone Number) ECONOMIC DEVELOPMENT DIVISION (EDD) USE ONLY EDD Economic Impact Analysis: Staff's recommendation: Date: Signed: (print name and title) 10.28-03 - H:�ECONOMIMDVALOREM\SUPPLEMENTAL APPLICATION St. Lucie County Board of County Commissioners Economic Development Ad Valorem Tax Exemption Application Ordinance No. 92-24, St. Lucie County Code of Ordinances Chapter 196, Florida Statues To be filed with the Board of County Commissioners, Economic Development Division of St. Lucie County, Florida, no later than March 1 of the year the exemption is desired to take effect. Please attach additional information, if necessary or requested. I. Business Name: Mailing Address: 2. Name of person in charge or owner of Business: Telephone No.: (_) Fax No.: (_) 3. Location of Business (legal description and street address) of property for which this report is filed: 4. Date Business opened or will open at this facility: 5. a. Description of the improvements to real property for which this exemption is requested: b. Date of commencement of construction of improvements: 6. a. Description of the tangible personal property for which this exemption is requested and date when Property was, or is to be, purchased: Original Date of g Class or Item Age Purchase Value Cost Taxpayer's Estimate Taxpayer's Appraiser's of Condition Estimate of Use Only Fair Market Good Avg. Poor Condition b. Average Value of Inventory on hand: c. Any additional person property not listed above for which an exemption is claimed must be returned on form DR-405 (Tangible Personal Property Tax Return) and a copy attached to this form. 7. Do you desire an exemption as a: "New Business" [ ] or as an "Exemption of an Existing Business" [ ] S. Describe the Type or Nature of Your Business: 9. Trade Level (check as many as apply): [ ] Wholesale [) Manufacturing [ ] Office [ ] Service [ J Other 10. a. Number of new full-time employees to be employed in St. Lucie County, Florida: b. If expansion of an existing business: (1) Net increase in employment (2) (3) Increase in productive output resulting from this expansion — Number of St. Lucie County residents employed by Business c. Average hourly wage 11, Sales factor for the facility requesting exemption: Total sales in Florida from this facility — one (1) location only Everywhere from this facility — one (1) location only ] Professional divided by total sales 12. For office space owned and used by a corporation newly domiciled in the state of Florida: Date of incorporation in Florida: a. Number of full-time employees at this location: 13. If requesting an exemption due to location in a slum or blighted area, please furnish such additional information as required by the Board of County Commission or Property Appraiser. I hereby request the adoption of an ordinance granting an exemption from ad valorem taxation on the above property pursuant to Section 196.1995, Florida Statues. I agree to furnish such other reasonable information as the Board of County Commissioners or the Property Appraiser may request in regard to the exemption requested herein. I hereby certify that the information and valuation stated above by me is true, correct, and complete to the best of my knowledge and belief. (If prepared by someone other than the taxpayer, his declaration is based on all information of which he has any knowledge.) M SIGNED: (Taxpayer) TITLE: SIGNED: (Preparer) (Preparer) (Preparer's Telephone Number) 4 PROPERTY APPRAISER'S USE ONLY I. Total revenue available to the county or municipality for the current fiscal year from ad valorem tax sources: 2. Revenue lost to the County or municipality for the current fiscal year by virtue of exemptions previously granted under this section: 3. Estimate of the revenue which would be lost to the County or municipality during the current fiscal year if the exemption applied for were granted had the property for which the exemption is requested otherwise subject to taxation: 4. Estimate of the taxable value lost to the County if the exemption applied for were granted: Improvements to real property: Tangible Personal Property: _ 5. I have determined that the property listed above meets the definition, as defined in Section 196,012 (15) or (16), Florida Statues, as a New Business f ], as an Expansion of an Existing Business [ ], or Neither [ ]. 6. Last year for which exemption my be applied: DATE: SIGNED: (Property Appraiser) RETURN TO BE FILED NO LATER THAN MARCH I 10.07.03 - H:%ECONOM ICVADVALOREMVAPPLICA-nON St. Lucie County Board of County Commissioners Economic Development Ad Valorem Tax Exemption Application Ordinance No. 92-24, St. Lucie County Code of Ordinances Chapter 196, Florida Statues To be filed with the Board of County Commissioners, Business and Concurrcncy Management Division of St. Lucie County, Florida, no later than March 1 of the year the exemption is desired to take effect. Please attach additional information, if necessary or requested. 1. Business Name: Investment Casting Specialists of Florida LLC Mailing Address: 505 Beachland Blvd, Suite 2 city/zip 32963 2. Name of person in charge or owner of Business: Timothy Girard, Manager Telephone No.: (908) 862-6300 Fax No.: (866) 906-0214 3, Location of Business (legal description and street address) of property for which this report is filed: 3095 Oleander Avenue Fort Pierce, FL 34982 4. Date Business opened or will open at this facility: 02/01/2013 5. a. Description of the improvements to real property for which this exemption is requested: b. Date of commencement of construction of improvements: 6. a. Description of the tangible personal property for which this exemption is requested and date when property was, or is to be, purchased: Class or item Age Date of Purchase Original Value Cost Taxpayer's Estimate of Condition Taxpayer's Estimate of Fair Market Appraiser's Use Only Good Avg. Poor Condition Please see att ched list New various x 15 b. Average Value of Inventory on hand: c. Any additional person property not listed above for which an exemption is claimed must be returned on form DR405 (Tangible Personal Property Tax Return) and a copy attached to this fort. 7. Do you desire an exemption as a: "New Business" [X] or as an "Exemption of an Existing Business" [ ] 8. Describe the Type or Nature of Your Business: High precision lost wax investment casting 9. Trade Level (check as many as apply): [ ] Wholesale [X] Manufacturing [ ] Professional [ ) Office [ ] Service [ ] Other 10. a. Number of new full -tune employees to be employed in St. Lucie County, Florida: 20 b. If expansion of an existing business: (1) Net increase in employment (2) (3) Increase in productive output resulting from this expansion _ Number of St. Lucie County residents employed by Business c. Average hourly wage $ 16.35 11. Sales factor for the facility requesting exemption: Total sales in Florida from this facility — one (1) location only Everywhere from this facility — one (1) location only divided by total sales loot 12. For office space owned and used by a corporation newly domiciled in the state of Florida: Date of incorporation in Florida: a. Number of full-time employees at this location: 13. If requesting an exemption due to location in a slum or blighted area, please furnish such additional information as required by the Board of County Commission or Property Appraiser. I hereby request the adoption of an ordinance granting an exemption from ad valorem taxation on the above property pursuant to Section 196.1995, Florida Statues. I agree to furnish such other reasonable information as the Board of County Commissioners or the Property Appraiser may request in regard to the exemption requested herein. I hereby certify that the information and valuation stated above by me is true, correct, and complete to the best of my knowledge and belief. (if prepared by someone other than the taxpayer, his declaration is based on all information of which he has any knowledge.) DATE: 12/18/2012 SIGNED: (Taxpayer) TITLE: SIGNED: (P arer 16 Don Jellie (Preparer) 908-862-6300 (Preparees Telephone Number) PROPERTY APPRAISER'S USE ONLY 1. Total revenue available to the county or municipality for the current fiscal year from ad valorem tax sources: 2. Revenue lost to the County or municipality for the current fiscal year by virtue of exemptions previously granted under this section: 3. Estimate of the revenue which would be lost to the County or municipality during the current fiscal year if the exemption applied for were granted had the property for which the exemption is requested otherwise subject to taxation: 4. Estimate of the taxable value lost to the County if the exemption applied for were granted: Improvements to real property: Tangible Personal Property: _ 5. I have determined that the property listed above meets the definition, as defined in Section 196.012 (15) or (16), Florida Statues, as a New Business [ ], as an Expansion of an Existing Business [ ], or Neither [ ]. 6. Last year for which exemption my be applied: DATE: SIGNED: (Property Appraiser) RETURN TO BE FILED NO LATER THAN MARCH 1 10-07.03- HAECONOMICWDVALOREMW FLICATION 17 Investment Casting Specialists of Florida LLC Last Update: 12/20/f2 Equipment Build List Department/Description Vendor FO # Amount Deposits Balance Wax Room Wax Injection Machines (2) Cleveland Tool E3110/3116 145,683 36,420 109,262 Wax MeltinglDistribution estimated 27,000 27,000 Temperature contmYHVAC TBD 1 1 1 Misc. tables, pots, etc. estimated 13,448 13 448 Hot Plates & Dip Pots (2) Waaae Flectric Fnnnsgah i KAM , say Dip rmraizea z-anc peas iz) G-Power Industries E0003215 Barrel Rain Sander C-Power Industries E0003215 61,120 25,560 25,560 Paxton Blowers for Sand Beds (2) Ryan Andrews LLC E0003232 7,430 7,430 0 Racks/Parts Handling estimated 20,000 20,000 Environmental ControlfHVAC System TBD 1 1 Humidity Control System Kathabar E000313l 72,638 43,582 29 054 Humidity Control - Chiller TBD 1 1 Pouring Floor Flashwire Dewax System R & R (Pacific Kiln) E0003214 107,931 43,172 64,759 Power Panel & Furnaces Inductothenn E0003121 146,700 88,020 58,680 Pyrometer Heraeus E0003233 2,310 2,310 Pacific Kiln Preheat Oven Precision Casting E0003241 7,500 7,500 0 Metal Transfer, Ladle estimated 4,000 4,000 Finishing Goff Spinner Hanger Shot Blaster Precision Casting E0003241 47,500 47,500 0 Everette Cutoff Saw Allied Tools E0003216 4,617 4,617 GRIT Belt Grinders (3) Allied Tools E0003216 8,019 8.919 Trinoo Air Blast Cabinet & Turntable Surface Prep Solutions E0003234 13,400 4,020 9,380 Welder, TIG estimated 5,000 5,000 Electro-Polishing Machine Plating & Anodizing E0003046 30,177 30,177 0 Miscellaneous Forklift estimated 25,000 25,FO5 Racks & Storage estimated 10,000 10,000 Security System Simple Network None 3,762 3,752 Other Supplies estimated 20,000 20,000 Totals 801,678 333,361 509,559 St. Lucie County Board of County Commissioners Economic Development Ad Valorem Tax Exemption Application Ordinance No. 92-24, St. Lucie County Code of Ordinances Chapter 196, Florida Statues To be filed with the Board of County Commissioners, Business and Coneurrency Management Division of St. Lucie County, Florida, no later than March 1 of the year the exemption is desired to take effect. Please attach additional information, if necessary or requested. 1. Business Name: Girard Brothers of Vero LLC Mailing Address: 505 Beachland Blvd, Suite 2 city/zip 32963 2. Name of person in charge or owner of Business: Timothy Girard, Manager TelephoneNo.: (908) 862-6300 Fax No.: (866) 908-0214 3. Location of Business (legal description and street address) of property for which this report is filed: 3095 Oleander Avenue Fort Pierce, FL 34982 4. Date Business opened or will open at this facility: 01 /01/2013 5. a. Description of the improvements to real property for which this exemption is requested: b. Date of commencement of construction of improvements: 6. a. Description of the tangible personal property for which this exemption is requested and date when property was, or -is to be, purchased: Class or Item Age Date of Purchase Original Value Cost Taxpayer's Estimate of Condition Taxpayer's Estimate of Fair Market Appraiser's Use Only Good Avg. Poor Condition P ease see atta a et New various x 15 b. Average Value of Inventory on hand: c. Any additional person property not listed above for which an exemption is claimed must be returned on form DR405 (Tangible Personal Property Tax Return) and a copy attached to this form. 7. Do you desire an exemption as a: "New Business" [19 or as an "Exemption of an Existing Business" [ j 8. Describe the Type or Nature of Your Business: the intend to execute a ro year triple net lease with Investment` CastingSpecialistsof Florida LLC, a manufacturer whim will commence operations in the during the lease term and will b fi full from all ta_ inc ntivec as nart of our agreement. nt. 9. Trade Level (check as many as apply): [ ] Wholesale [X1 Manufacturing [ ] Professional [ ] Office [ ] Service [ ] Other 10. a. Number of new full-time employees to be employed in St. Lucie County, Florida: 2 0 (ICC of FL) b. If expansion of an existing business: (1) Net increase in employment (2) Increase in productive output resulting from this expansion _ (3) Number of St. Lucie County residents employed by Business c. Average hourly wage $ 16.35 (ICC of FL) 11. Sales factor for the facility requesting exemption: Total sales in Florida from this facility — one (1) location only Everywhere from this facility — one (1) location only divided by total sales 100% 12. For office space owned and used by a corporation newly domiciled in the state of Florida: Date of incorporation in Florida: a. Number of full-time employees at this location: 13. if requesting an exemption due to location in a slum or blighted area, please furnish such additional information as required by the Board of County Commission or Property Appraiser. I hereby request the adoption of an ordinance granting an exemption from ad valorem taxation on the above Property pursuant to Section 196.1995, Florida Statues. I agree to furnish such other reasonable information as the Board of County Commissioners or the Property Appraiser may request in regard to the exemption requested herein. I hereby certify that the information and valuation stated above by me is true, correct, and complete to the best of my knowledge and belief. (If prepared by someone other than the taxpayer, big declaration is based on all information of which he has any knowledge.) DATE: 12 / 04 /2012 SIGNED: ;s SIGNED: Don Je11ie (Taxpayer) (Preparer) TITLE: 908-862-6300 (Preparer's Telephone Number) 16 PROPERTY APPRAISER'S USE ONLY 1. Total revenue available to the county or municipality for the current fiscal year from ad valorem tax sources: 2. Revenue lost to the County or municipality for the current fiscal year by virtue of exemptions previously granted under this section: 3. Estimate of the revenue which would be lost to the County or municipality during the current fiscal year if the exemption applied for were granted had the property for which the exemption is requested otherwise subject to taxation: 4. Estimate of the taxable value lost to the County if the exemption applied for were granted: Improvements to real property: Tangible Personal Property: _ 5. I have determined that the property listed above meets the definition, as defined in Section 196.012 (15) or (16), Florida Statues, as a New Business [ ], as an Expansion of an Existing Business [ ], or Neither [ ]. 6, Last year for which exemption my be applied: DATE: SIGNED: (Property Appraiser) RETURN TO BE FILED NO LATER THAN MARCH 1 10-07-03 - n:IECONOMICIADVALOREMWPPLICATION 17 Ken Pruitt PROPERTY APPRAISER • Saint Lucie County 2300 Virginia Avenue, Fort Pierce, Florida 34982-5632 MEMORANDUM TO: Daniel S. McIntyre, County Attorney CC: FROM: Vincent A. Rahal, Director Of Assessments DATE: 2-6-2013 1.UCIECp .c 1\2 atclqo� FEB o8 201? C0UNTYAT7Cr; v SUBJECT: Girard Brothers Economic Ad Valorem Application Attached are two copies of the Economic Application for Girard Brothers of Vero, LLC and Investing Casting Specialists of Florida, LLC. This application will not involve a Real Property Exemption so the value will be zero for Real Estate (RE). You will not find a value in line 3 of the application for Tangible Personal Property (TPP). Aside from no ordinance being adopted, there was no personal property in place as of the assessment date of January 1�t, 2013. For informational purposes, we have included an unsigned application to demonstrate what a 2014 application titled "Estimate 2014" might represent. Since the 2013 final value/millage rates have not been established, all we can provide you at this time is an estimate based on 2012 values with exception to item 3. Item Ts Tangible Personal Property value estimate is based on the documents provided by the applicant. If you hav ny ent uestions please feel free to contact me. incentA. Rahal Telephones: 772462-1000 • Facsimile: 772462.1057 AN EQUAL OPPORTUNITY AGENCY 2013 PROPERTY APPRAISER'S USE ONLY 1. Total revenue available to the county or municipality for the current fiscal year from ad valorem tax sources: 116,408,835.78 2. Revenue lost to the County or municipality for the current fiscal year by virtue of exemptions previously granted under this section: 42 438.15 RE 560,176.89 TPP 3. Estimate of the revenue which would be lost to the County or municipality during the current fiscal year if the exemption applied for were granted had the property for which the exemption is requested otherwise subject to taxation: 0..00 RE 0.00 TPP 4. Estimate of the taxable value lost to the County if the exemption applied for were granted: Improvements to real property: 0.00 Tangible Personal Property: 0.00 P rtS'� 5. I have determined that the property listed above meets the defmition, as defined in Section 196.012 (15) or (16), Florida Statues, as a New Business [X1, as an Expansion of an Existing Business [ ], or Neither [ 1. 6. Last year for which exemption my be applied: DATE: Z—a — 2C) \ SIGNED: (Property Appraiser) RETURN TO BE FILED NO LATER THAN MARCH I 16A7-03 - H:\ECONOMICIADVALORENWPLICATION 17 Estimate —A PROPERTY APPRAISER'S USE ONLY 1. Total revenue available to the county or municipality for the current fiscal year from ad valorem tax sources: 116,408,835.78 2. Revenue lost to the County or municipality for the current fiscal year by virtue of exemptions previously granted under this section: 42,438.15 RE 56n _ 176 _ HQ TDD 3. Estimate of the revenue which would be lost to the County or municipality during the current fiscal year if the exemption applied for were granted had the property for which the exemption is requested otherwise subject to taxation: 0.00 RE 6,142.38 TPP 4. Estimate of the taxable value lost to the County if the exemption applied for were granted: Improvements to real property: 0.00 Tangible Personal Property: _ 738,542 5. I have determined that the property listed above meets the definition, as defined in Section 196.012 (15) or (16), Florida Statues, as a New Business [x], as an Expansion of an Existing Business [ ] or Neither [ ]. 6. Last year for which exemption my be applied: DATE: Z—g— ?A t3 SIGNED: ^r�o��ytoro.k>�/r17oT�Un (Property Appraiser) RETURN TO BE FILED NO LATER THAN MARCH 1 10-07-03 - H:\ECONOMCWDVALOREM\APPLICATION 17 ORDINANCE NO. 13-010 AN ORDINANCE RELATING TO ST. LUCIE COUNTY, FLORIDA, TO ENCOURAGE ECONOMIC DEVELOPMENT IN THE COUNTY; ESTABLISHING AN EXEMPTION FROM CERTAIN AD VALOREM TAXATION FOR INVESTMENT CASTING SPECIALISTS OF FLORIDA, LLC, 3095 OLEANDER AVENUE, FORT PIERCE, FLORIDA, A NEW BUSINESS; PROVIDING THE AMOUNT OF REVENUE AVAILABLE FROM AD VALOREM TAX SOURCES FOR THE FISCAL YEAR 2014 AND THE AMOUNT OF ESTIMATED REVENUE FROM THE CURRENT FISCAL YEAR WHICH WOULD BE LOST BECAUSE OF THE EXEMPTION GRANTED TO INVESTMENT CASTING SPECIALISTS OF FLORIDA, LLC; PROVIDING AN EXPIRATION DATE OF THE EXEMPTION FROM THE DATE ON BOARD ADOPTION OF THIS ORDINANCE; PROVIDING A FINDING THAT INVESTMENT CASTING SPECIALISTS OF FLORIDA, LLC MEETS THE DEFINITION OF A NEW BUSINESS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: ARTICLE I Short Title This Ordinance shall be known as County Ordinance No. 13-010"Economic Development Ad Valorem Tax Exemption - Investment Casting, Specialists of Florida, LLC. ARTICLE II Procedure After consideration of the report of the Property Appraiser and in accordance with the procedure set forth in County Ordinance 92-24, "Economic Development Ad Valorem Tax Exemption Regulations of St. Lucie County, Florida", the Board grants and establishes an exemption from ad valorem taxation of the assessed value of Investment Casting Specialists of Florida, LLC, 3095 Oleander Avenue, Fort Pierce, Florida, in accordance with the following exemption phase out schedule: Year 1 (Fiscal Year 2014-15) 100% Year 2 50% Year 3 33% Year 4 25% No exemption shall be granted on the land on which improvements are made by Investment Casting Specialists of Florida, LLC. ARTICLE III Ad Valorem Tax Revenues Total revenues are available to the County for the current fiscal year from ad valorem tax sources is $116,408,835.78. Revenues lost to the County for the fiscal year 2014by ad valorem tax exemptions under this section currently in effect are $602,615.05 Revenues to be lost by granting of this exemption for the fiscal year 2014 are estimated to be $6,142.38. ARTICLE IV Expiration bate The Economic Development Ad Valorem Tax Exemption granted to Investment Casting Specialists of Florida, LLC, an existing business shall be for four (4) years beginning in Fiscal Year 2014. r ARTICLE V indi The Board of County Commissioners of St. Lucie County, Florida, finds that Investment Casting Specialists of Florida, LLC meets the definition of a new business as defined by St. Lucie County Ordinance No. 92-24 and Section 196.012(16), Florida Statutes. The Board reserves the right to repeal the exemption if Investment Casting Specialists of Florida, LLC no longer satisfies the criteria set out above. ARTICLE VI Severability If any section, subsection, paragraph, sentence, clause, phrase, or portion of this Ordinance is for any reason found void, invalid, unlawful, or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, independent, and severable provision and such holding shall not affect the validity of the remaining portions of this Ordinance. ARTICLE VII Effective Date This Ordinance shall take effect upon receipt of notice of filing from the Secretary of State. ARTICLE VIII Adoption After motion and second, the vote on this Ordinance was as follows: Chairman Tod Mowery XXX Vice Chair Frannie Hutchinson XXX Commissioner Chris Dzadovsky XXX Commissioner Paula A. Lewis XXX Commissioner Kim Johnson XXX PASSED AND DULY ADOPTED this — day of 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY County Attorney TO: BOARD OF COUNTY AGENDA REQUEST ITEM NO. VI-B.10 DATE: March 19, 2013 REGULAR [ ) PUBLIC HEARING [ I CONSENT [XI PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Barbieri Assistant County Attorney SUBJECT: Permission to file an Amicus Brief or a Motion to Intervene in all Appeals of Cost of Incarceration as appropriate. See CA No. 13-0308 PREVIOUS ACTION: On January 19, 2013, this Board authorized the County Attorney's Office to file an Amicus Brief or a Motion to Intervene in the appeals case of Matthew Beiderv. State of Florida. CONCLUSION: Staff recommends that the Board authorize the County Attorney's Office to file an Amicus Brief or a Motion to Intervene in all Appeals of Cost of Incarceration as appropriate. [) APPROVED [I DENIED [ ] OTHER: Faye W. Outlaw, MPA County Administrator, ICMA-CM Review and Approvals [X] County Attorney: [X] Criminal Justice Coordinator: Daniels. McIntyre Mark odwin INTER -OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Barbieri, Assistant County Attorney C.A. NO: 13-0308 DATE: March 19, 2013 SUBJECT: Permission to file an Amicus Brief or a Motion to Intervene in all Appeals of Cost of Incarceration as appropriate BACKGROUND: Pursuantto Section 960.293 Florida Statutes, all Defendants who serve time in the St. Lucie County Jail are liable to St, Lucie County for the cost of incarceration. Pursuant to Section 960.293(a)(b) Florida Statutes, the County is entitled to liquidated damages in the amount of fifty ($50.00) dollars per day. On January 19, 2013, this Board authorized the County Attorney's Office to file an Amicus Brief or a Motion to Intervene in the appeals case of Matthew Beider v. State of Florida. Since thattime, the Public Defender has filed three additional Objections to Imposition of Costs, copies of which are attached. The County Attorney's Office would like permission to respond in all cases of this nature with an Amicus Brief or a Motion to Intervene, as these monies are due to the County for the cost of incarceration. RECOMMENDATION/CONCLUSION: Staff recommends that the Board authorize the County Attorney's Office to file an Amicus Brief or a Motion to Intervene in all Appeals of Cost of Incarceration as appropriate. KB/cb Encl. I:\CB M DrNeWye�dsMemo-NMSPermroFlkAmlausatle6.wpL Respectfully submitted, 1 Katherine Wrbieri Assistant County Attorney From: 02/28/2013 16:49 #375 P.005/005 St. Lucie County He Date; 02114/2013 iiiiiiii'llifilitif IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUNTY, FLORIDA Latron Leroy Adger DefendarWAppellant, va. STATE OF FLORIDA PlaintMAppeltee. Case No. 662012CF000MA Judge: Gary L, Sweet AMMENDED STATEMENT OF JUDICAL ACTS TO BE R IE WFp COMES NOW the defendant/appellarrt by and through undersigned counsel and respectfully states that the Judicial acts to be reviewed are as follows; 1. That the Defendant plead to a 42 month D,O,C. cap offer. 2. That the Defendant was sentenced to 42 month In the Department of Corrections, 3. That the Defendant did not score out to a mandatory Department of Corrections sentence. 4.—,That the court erred in sentencing the defendant /� /' 'hat the Court Erred in imposing costs of Incarceration. I HEREBY CERTIFY that a copy hereof has been furnished to Jennifer Day, Assistant State Attorney, by delivery, and the Office of the Attorney General,15, 5 North Fiagler Drive, Suite 900, West Palm Beach, Florida 33401, by mail on February 13, 2013. submitted, Florida Bar Number 0046761 Assistant Public Defender 216 South 2nd Street Fort Pierce, Florida 34950 (772) 462 2046 From: 02/28/2013 16:49 #375 P.003/006 IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT, IN AND FOR ST. LUCIE COUNTY, FLORIDA FELONY DIVISION STATE OF FLORIDA, Plaintiff, V. PHILAMON GADSON, Defendant. CASE NO: 562012CF002496A FEB 13 2013 COUNTY ATTORN EY This matter came before the Court pursuant to the Assistant County Attorney's request at sentencing to impose a civil lien against each defendant $50 per day for costs of incarceration in the St. Lucie County Jail. The Court having reviewed the Defendant's written Objection thereto, and the Court being otherwise fully advised in the premises, hereby ORDERS AND ADJUDGES that the Defendants Objection to Imposition of Costs is denied. DONE AND ORDERED in Chambers at Fort Pierce, St. Lucie County, Florida this day of February, 2013, Copies furnished to: Jennifer Day, ASA Tameika Jackson, APO Katherine Barbieri, ACA Office of the County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 GARY L. S EET Circuit Court Judge 2012CF000463 A - STATE OF FLORIDA vs. ADGER, LATRON LEROY Pagel of 3 See" SdbnOS Hap Unks OaOygarB ! Case Details - Summary °" ° "`t 2012CF000463 A - STATE OF FLORIDA vs. ADGER, LATRON LEROY Crimfnal DoCB t - - - -- - - - --- - _ —.- i Q Summery Q Nlrtary Dxye[ Vkwer Dauments(0) MYOPen Cases----- RecentCam (10) Recent Xar<Fcs Ca. P: 20136ODGM3 BARBIERI, KATHERINE l0 W! MrA Vic - Ju6p: SWEET, GARYL CAMP Type: Criminal Pet., Stator: CLOSED Case Number: 2012CF000163 A Uniform CAMP Number: 562012CF000163AVOGN Uerkff.Dip: 2/10/2042 SUB" Date: 1/25/2013 Total Fees Doe: 1213.00 BOOM, 9: 219691 Apmy: FORT PIERCE POUCEDEPARTMENF ANpmy Report/: 1123514 C DNOy LBCBwn: PARTIES TYPE PARTY NAME DEFENDANT ADGER, tLATRON LEROY ATTORNEY F♦'JACKSON TAMEIKA AV/FUWAIA Main Attome 1 PLAINTIFF STATE OF FLORIDA "6 DAY. JENNIFER LYNNE(Win Attnme CHARGES COUNT DESCRIPTION UEYEL DECREE PLEA DISPOSITION DISPOSITION DATE 1 POSSESSION OF COCAINE(893.13.6A1 F T ADJUDICATED GUILTY OI/28/2013 2 SAIE OF COCAINE(893.13. IAt) F S ADJUDICATED GUILTY 01/28/2M3 EVENTS DATE EVENT 1/29/20139:00W SENTENCING HEARING JUDGE LOCATION RESULT $WEEP. GARYL CoIrt..3A-iK 27-SENTENCE WPOSED /1/191M28:30 Mt TRIAL DOCKET SWEET. GARYL <Out.3A-NC 1T- PLEA / ADMISSION ENTERED 11/5/2012 6:30 AM TRIAL DOCKET SWEET. GARYL CouHT.. 3A-NC 16-CASE HEARD NEW COURT DATE SET - rASF MFARb f NM r URTl11TE4T. OUTSTANDING AMOIRtT COUNT CODE DESCRIPTION ASSESSMENT PAID WAIVED BALANCE PAYMENT PLAN I JUDGMENT DUE DATE 1 CF COST CF Court Con W8.00 WOO .W 5A1B.W50 02/2TIZM3 1 COI Cost of IRV,Stlalbn $50.00 so.W .W .00 M127IM13 1 COP CIF COTT of Pm,cutlon SIOO.W $n.00 woo S100D0 M12712013 1 DRUG TRUST FUND CO CouRty Drug Ada, ProgProm5125.W SO.W $0.00 $125,00 02127/2013 RECEIPTS ATE RECEIPT P APPLIED AMOUNT No Repel on c. CASE DOCKETS P IMAGE DATE 0 2/14/2D13 ENTRY AMENDED STATEMENT OF JUDICIAL ACTS TO BE REVIEWED - - - 0 ` 2/13/2013 MAIL RETURNED UNOELJVERED 0 r 2/11/2013 ORDER DENYING DEFENDANT'S OBJECTION TO TIME ST LUCIE COUNTY BOARD OF COUNTY COMWS$IONERS' PETITION TO ASSESS COST50F INCARCERATION 0 t 2/11/2013 DOCUMENT RECEM1FD 0 r - 2/11/2013 TRANSCRIPTS 0 ! 2/11/2013 STATFMENTFORTRM154M T3 0 l 2/81W13 ORDER OF INNGEWY AND APPOINTMENT OF PUBLIC DEFENDER 0 r 2/5/2013 DIRECTIONS TO THE CUM 0 ( 2151WI3 STATEMENT OF JUDICIAL ACTS TO BE REVIEWED 0 / 2/5/2013 DESIGNATION TO COURT REPORTER 0 l 2/5/7013 APPEAL MOTION FOR ORDER OF INDIGENCY AND APPOINTMENT OF PD 0 2/5/2013 NOTICE OF APPEAL ATH OCA 0 2A4/2013 FINAL JUTI FOR FINES FEES COSTS• RB,,UdBE(OR.3KB1.626 /37975111 0 f, 2/1/2013 IUDGNENT D SEMENCE FILED -Re.o (OR.3AB1.6/8/ 3292509) 0 2/1/2013 ORDER OF DRIVER LICENSE REVOCATION 0 1/31/2013 DOCUMENT RECEIVED OBJECTION TO IMPOSITION OF COSTS 0 ( IIX/2013 COURTMINIJTESNIED 0 1/30/2013 CERTIFICATEOFCANCELLATIONOFSOND 0 r 1130/2D13 CERTIFICATE a CANCELLATION OF BOW http;//10.3.130.70BenchmarkWeb/CourtCase.aspx/Detaits/ I629081 ?digest=hU6k7`/D2BgnF... 3/1 /2013 2012CF000463 A - STATE OF FLORIDA vs. ADGER, LATRON LEROY Page 2 of 3 CASE DOCKETS F IMAGE DATE 0 ( 1/28/2013 ENTRY CRUMNALINCOURTOGCR:TNOTES 0 ( SIMMS SENTENCING GUIDELINES 0 ( 1/M/M13 UNIFORMED [OMWTNFM TO DOC p 1/3B/2QIJ CASE CLOSED p 1/28/2013 SURETYBOND UFCF1.0261002007I(893.13.1A132)REIEASED p 1/2812013 SURETY BOLD UFCflD061WI1631 (89J.11.6A 81 RELEASED 0 1/2812013 COURT NJMJTES-XNIFHCING HEARING- DEFENDANT APPEARED IN OPEN COURT WIN AM T. JACKSON. ASA J. DAY WAS PRESEM. DEFENDANTS FAMILY AND FRIENDS WAS SWORN AND ADDRESSED THE COURT, THE DEFENDANT WAS ADJUDICATED GUILTY AND SENTENCED ON CTS.IBE-FORTY TW0192)AOWHS ON WITH C.T.S.I DAY, EACH COMB CONCURRENT. THE COURT ORDERED REDUCED TO A CIVIL LIEN 5418. COURT COSTS, SIDE. COST OF PROSECUTION, SEC. COST OF INVESTIGATION, $500. PUBLIC DEFENDER FEE, SEE. APPLICATION FEE, SIM. DRUG RUST FUND. THE COURT ORDERED A TVO12) YEAR DRIVERS UCENSE SWENSON. THE COURT RESERVED FLUNG FOR COSTS OF INCARCERATION. LN/DC 0 ( 1/15/M13 AIOTDN TO ASSESS COST OF INCARCERATION 0 1/15/2013 NOTICE OF HEARING RECEIVED 0 ( 11/21/2O2 COIRTMINWESNLED 0 ( II/20/2O2 NOTICE OF COURT DATE SENT 0 11/20/2012 SENTENONO HEARING SET FOR 01IMU2013 AT 9:00 AM IN 3Al, CIRCUIT JUDGE: SWEET, GARYL p 11 /19/2O2 LRLAVNA INCOURT DOCKEC NOTES 0 11/19/M12 PLEA AGREEMENT 0 11/19/2012 COURT MINUTES - COP MCARINI:DEFE6DAR APPFARID IN OPEN COURT WITH APD T. JA<NSON. ATA J. DAY WAS PRESENT FOR THE STATE. DEFENDANT WAS SWORN AND PLED NO CONTEST AS CHARGED TO: CT.1 - POSSESSION OF COCNNE, F.S. 893.13.6A, F3. CT. 2 SALE OF COCAINE, F.S. $93.1 Al, F2. FACTUAL MIS FOUND AM PLEA ACCEPTED. CASE SET MR SENTENCING ON 1128/13 AT 9:00 AM DEFENDANT WARNED OF BEING SENTENCED IN ABSENTIA. RETURN CARD GIVEN, LSO/DC 0 ( 11/6/2013 NOTICE OF THING DEPOSITION OF LEO 0 11/6/2012 COURT MINUTES FILED p ( 11/5/20I NOTICE OF COURT DATE SENT p 11 /5/2012 TNIALDOCKETSETFORII/19/2012AT8:WAMIN3A/, CIRCUIT NUDGE: SWEET, GARYL D 11/5/302 COURTMINUTES-TRIAL DOCNET-DEFENDMNTAPPEAREDINOPENCOURTMMMDT.JACOON.ASAI.DAYWASPRE5FW.0EFENSE MADE A MOTION TO CONTINUE. MOTION GRATED. CASE RESET FOR TRIAL ON II/19/20128:30 AM RETURN CARD GWEN. THE DEFENDANT WAS ADVISED TO MEET WITH AM. LN/DC pf 10/312012 COURTWNUTESFILEO 0 9/25/2012 CMRTNNUFES-DOCRETCALL:DEFENDAMAPPFAREDINOPENCWRTWITH MDT. JACKSON. ASAI.DAYWASPMSENT FORTE STATE READY FORTRIAL ANNOUNCED. CASE SET FOR JURY TRIAL ON 11I5/12 AT CIDAAL RETURN CARD GIVEN. ISO/W I 0 9/25/2012 TRIAL DOCKET SET FOR 11105/2012 AT 8:30 AM IN 3AI, CIRCUN JUWE: SWEET, GARYL 0 ( 9/21IM12 SUPPLEMENTAL ANSWER TO DISCOVERY SECOND 0 ( 9/10/202 NOTICEOFTAKINGDEP051TION OF lE0 0 ( 8/23/2012 OWUNNUTESFILED 0 8/21 /2012 COURT MINUTES DOCKET C ' DEFENDANT APPEARED IN OPEN COUNT WITH AM T. JACKSON. ASA J. DAY WAS PRESENT. DEFENSE MOTION TO CONNNUE WAS GRANTED. CASE RESET MR DOCKET CALL ON 91M2012 AT 9:00 AM. RETURN CARD GIVEN. LN/DC 0 / 8/21/2012 NOTICE OF COURT DATE SENT 0 8/21/2O2 DOCKET CALL SET FOR 09135/Mi2 AT 9:W MIIN 3A/, CIRCUIT JUDGE: SWEET, GARYL 0 ( 7/20/2012 NOTICE OF TAKING DEPOSITION OF LEO 0 ( 7/20/2012 NOTICEOFTARING DEPOSITION OF LEO 0 ( 7119/2012 FIRST SUPPLEWNTAI ANSWER TO DIXDVERY 0 ( 7/16/2012 COURTMINUTESFILED - 0 111012012 COURT MINUTES: DOCKET CALL: DEFENDANT APPEARED IN OPEN COURT WITH AM T. JACKSON. ASA J. DAY WAS PRESENT. DEFENSE MOTION TO CONTINUE WAS GRANTED. CASE RESEC FOR DOCKET CALF ON 8/21/Ml2 AT 9:W AM RETURN CARD GIVEN. RMW/DC 0 ( 7/10/2012 NOTICEOFCOURTDATESENT 0 7/1012MZ DOCKETCALLSET FOR OB/21/2O2 AT9:)OAMIN 3A/, CIRCUITJUDGE: SWEET, GARYL 0 ( 6/191=2 DEMAND FOR RECIPROCAL DISCOVERY / ALIBI - - 0 6/19/2012 NOTICE OF IHIENI TO REQUEST JUDICIAL NOTICE 0 6/6= DEFENSE ATTORNEY: IACNSON, TAMEIKA AWFNVAIA ASSIGNED 0 ( 6/512012 NOTICE M APPEARANCE BY PUBLIC DEFEND/RTC DISC/DEMAND FOR BUOY MATERIAL 0 ( 5/30/202 COURT MMNUTES FILED 0 5/25IM12 COURT NINUTES--MRIIGNME}Ii HEARING' DEFENDANT APPEARED IN OPEN COURT. ASA A. KAN£CKI WAS PRESENT. DEFENDANT WAS SWORN AND QUESTIONED AS TO THE FINANCIAL AFFIDAVIT. PURER DEFENDER WAS PROVISIONALLY APPOINTED. AM A. RINEHART WAS PRESENT, WAIVED FORMAL ARRAIGNNEM AND ENTEPED A PLEA OF NOT GUILTY. CASE SET FOR DOCKET CALL ON 7110/WI2 9:W AAL RETURN CARD GIVEN. WIN 0 ( 5145/2012 APPLKATION FOR INDIGENT STATUS GRANTED 0 ( 5I25/2012 NOTICE OF COURT DATE SEW S/25/2012 DEFENSE ATTOPNEY: PUBLIC DEFENDER UNKNOWN ASSIGNED 0 r0 5/25R012 DOCKET CALL SEi FOR O]/1W3012 AT 9.DD AN IN F/, CIRWRJUDGE: SWEEP, GARYL p ( 4/19/2O2 NOTICE OF COURT DATE SENT 0 //19/2012 ARRAIGNMENT HEARING SET FOR 05/25/M12 AT 9:0) AA IN 61, CIRCUIT JUDGE: VAUGHN. DANL p 8/19/2012 PROSECUTOR: DAY, JENNFE0.LPoNE ASSIGNED I 0 ( 4/19/2012 CUM TRANSMITTAL FORM 0 1/19/2012 INFOIWATION FlIID -- 0 4/2/2012 SURETYBONDUFCFL026100MOII POSTED SIS DOD.W 0 4/2/M12 SURETY BOND UFCFTD]610D21631 POSTE055,DW.W D ( 4/2/2012 BOND RECEIVED 0 ( 4/2IM12 NOTICE ON DEMAND 0 1/2/Mi2 ARREST WARRANT STATUS CHANGED TO SERVED http://10.3.130.70/BenchtnarkWeb/CourtCase.aspx/Details/I 629081 ?digest=hU6k7%2BgnF... 3/1 /2013 2012CF000463 A - STATE OF FLORIDA vs. ADGER, LATRON LEROY Page 3 of 3 "SE DOCKETS Y IMAOE DATE 0 4/2/W12 FRTRY GSE UNSECURED 0 r 4/2/2012 ARREST PTF101WT 0 4/2/2012 WARRANT RE MW SERVED p L: 412IM12 FIRST APPFAMNCE FORM 0 2/13/202 CO UIMFI1fD p 2/ll/204 WARRAM FlUiO 0 2/10/3012 WARRAM MM'DEft: 2012DUN0221 0 211DJ2012 ARRESTWARRAM BOND MgUM SRTO $2D000.00 p 2/10/N112 ARREST WARAAM STATUS CHANGED TO SEM TO SHEAIF£ 0 2/10/2W2 CASE SECUAEDFORACTIVEPA0 E5i 0 2/10/2012 ARREST WARR ISSUED: WARRAM Of ARREST 0 2/10IM2 CIRCUR JUDGE SWEET, WY t: ASSIGNED 0 2/10/2012 CASE FM 02/10/M12 CASE NUMBER 201XF000163A Re# Vb In 1024R363 01 OiRRer rmlWw. COPSTRJM NOR - 2WO PloneeF Ttth00 m Group All Rinds 1WM. .rs 2.5.1.3 http://10.3.130.70/BenchmarkWeb/CourtCase.aspx/Details/1629081?digest=hU6k7D/`2BgnF... 3/l/2013 From: 02/28/2013 16:49 #375 P.006/006 File Wte: 02/15/2013 iii'lliillilk 111,11 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUNTY, FLORIDA Philemon Gadson Defendant/Appellant, va. Case No. GM12CF00249SA Judge: Gary L. Sweet STATE OF FLORIDA PlalntNNAppellee. STATEMENT OF JUDICIAL ACTS TO BE D=VIEWED COMES NOW the defendant/appellant by and through undersigned counsel and respectfully states that the judicial ads to be reviewed are as follows: J 'l 1. {rhat the court erred in imposing costs of incarceration. �i HEREBY CERTIFY that a copy hereof has been furnished to Jennifer Day, Assistant State Attorney, by delivery, and the Office of the Attorney General,1515 North Fiagler Drive, Suite g00, West Palm Beach, Florida 33401, by mail on February 15, 2013. Respectfully submitted, DMUIIIOND R. LITTI- Florida Bar Num 7 Assistant Public nder 218 South 2n Fort Pierce, F dda 34950 (772)462-2048 2012CF002496 A - STATE OF FLORIDA vs. GADSON, PHILAMON Page 1 of 1 SeT Sews HUP Unks BARBIERI, RATHEWNE Lo9aJt Case Details - Summary kE ew co9n DOEke1 2012CF002496 A - STATE OF FLORIDA Vs. GADSON, PHILAMON CNEDGI Docket _.. — _ _. _._ ._. __ _ _ QSuYTary ©Hirtay _ __ _. _... -..__ Documents IOU Docket VkPMr My Open Caws C Recent Caw& (10) Recem Searches Care e: 2012CFCO2496 Caw P. 2010Cf0O3342 CItaUOn 9: 2009CF003120 Caw 1h. 2012CF000163 SUA NARY Judpe: SWEET, GARYL Cue NUDlber: 2t112CFOP2496 A GarKFlk Dabe: 8M6/2012 APINV: ST LUCIF CWNIY SHERIFFS OFFICE Cue Type: CDWn tFeiwny Status: CLOSED UIII/armE Number: 562(112Cf002496AkV00( Stains Data: 1/88/2013 T*UM Fates Due: 10243.00 BOOMnp p: 94272 Apan Raporl F: 0112DON82 DO,.*l fl.: PARTIES TYPE PARTY NAME DEFEWANff CROWN, PHILAMON ATTORNEY A-JACKSON TNJEIKA AWFUWAILA IWIO Attorlle PLAINTIFF STATE OF FLORIDA IM DAY JENNIFER LYNNE(Main Attorne CHARGES COUNT DESCRIPTION LEVEL DEGREE PLEA DISPERSION DISPOSITION DATE i SALE OR DELIVERY OF CA10I0I51893.13.IAI F T ADJUDICATED GUILTY 01/2612Y03 2 POSSESSION WITH INTENT TO SELL OR DELIVER CANNABIS(893.13.IA) F T ADJUDICATED GUILTY OI/28/2013 NENLS MEE EVENT JUDGE LOCATION 'RESULT 1/29/20139;60AM SENTENCING NEARING SWEET, GARYL Courtroom 3A-HC 2]- SENTENCE UJPCISEO 12/4/20129:00AM WCKETCALL SWEET, GARYL Coalroom 3A HC i]- PLEA/ ADASISSION EWEAED 10130120129:00 AM DOCKET CALL SWEET, GARYL Coutmom 3A HC t4-EASE HEARD/ NEW CWRT DATE SET IDBTOEWRT _ 3UTSTANDING MIOUNT IOUNT CODE DESCRIPTION ASSESSMENT PAID WAIVED BALANCE PAYMENT PLAN /JUDGMENT DUE DATE 1 _ CF COST CFCoun .. $418D0 ._ $000 SE _. 541800 02/2]/2EN3 1 COI lnYeR196tkn "S $IM $O W SEARS SSDOp 02/2]/2J13 1 [OP CF LOSOB [Ort a/Pmwcu[kn A 5100.00 WAR) 5000 WAR) $fOD OD 02/27/1013 1 FUNS CoullY dug AD. Program $125.00 $0,00 $0.00 $125A0 02/27IM3 CRo'TRUST CO RECEIPTS ATE RECEIPT p APPLIED AMOUNT . NO Reoe101s on 4v . CASE DOCKETS P IMAGE DATE 0 2/19/2013 ENTRY ORDER OF INDIGENCY AND APPOINTMEN2 OF THE PUBLIC DMNDER 0 ( 2/1912013 COURT REPORTER'S ACRNCWLEOGMENT 0 l 2/15/N113 DIRECTIONS TO THE CLERK 0 e 2/15/2013 STATEUFNT OF JUDICIAL ACTS TO BE REVIEWED p 2115/2013 DESIGNATION TO CWRT REPORTER p , 2/15/2013 APPEAL NATION FOR ORDER OF INDIGENCY AND APPOINTMENT OF PD p i - 2/15/2013 NOTICE OF APPEAL 4TH DCA 0 C 2/12/2013 ORDER DENYING DEFENDANTS OBJECTKN( TO ST LUCIE COUNTY BOARD OF CO COMYSSIONER5'PUPDON TO ASSESS COSTS OF INCARCERATION p 2/4/2013 FINAL JUDGMENT FOR FINES FEES COSTS � RccorGd (OR.341.647 / 3797520) 0 ( 2/4/2013 JUDGMENT B SENTENCE PLED - RecaOed (OR.MI.W / 3797519) 0 1131/2M3 DOCUMJM RECEIVED- OBJECTION TO IWMIM OF COSTS - 0 1/30/2013 COURT MJNURS PLED 0 1/30/2013 COMMJTMENTTOCOIANTYJAIL p ( 1/30/2013 CERTIFICATE OF CANCEETION OF BOND 0 l 1/30/2013 CERTIFICATE OF CANCELLATION OF BOND 0 1/28/2013 <RIMJNAi INCWAT OOCNFE NOTES 0 r 1/28/2013 SENTENCING GUIDELLNES O II 1/28/2013 ORDER OF DRIVER IJCENSE REVOCATION 0 lm/ml CASE CLOSED http://10.3.130.70BenchmarkWeb/CourtCase.aspx/Details/I663686?digest=h7erxZsg7F5x... 3/1 /2013 From: 02/28/2013 18:49 #375 P.004l006 St Lucie County File Date: 02/13/2013 lillill'illill4iiiii IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUNTY, FLORIDA Kenneth Lae Brangan DefendenflAppeliant, Vs. Case No. 662009CF003470A 562010CF003342A STATE OF FLORIDA Judge: Dan L. Vaughn PlaintlfUAppellee. STATEMENT OF JUDICIAL ACTS TO 13E REVIEWED COMES NOW the defendarWappellant by and through undersigned oouneel and NOPedfuily states that the judldal ads to be reviewed are as follows: OThat the Court erred in imposing costs of incarceration. 1 HEREBY CERTIFY that a copy hereof has been fumishad to Jennifer Day, Assistant State Attorney, by delivery, and the OfSce of the Attorney General,1515 North Flegler Drive, Suite 900, West Palm Beach, Florida 33401, by mail on February 13, 2013. ResPee fully submitted, DIAMOND R.AITTY 1"Wnda ber0043436 Asststa ubfic Defender 216 South 2nd Street Fort Fierce, Florida 34950 (772) 462-2048 2010CF003342 A - STATE OF FLORIDA vs. BRANGAN, KENNETH LEE Pagel of 4 0 search WnIS HEIR Unks Dashboard Case Details -Summary Court Dxkel 2010CF003342 A - STATE OF FLORIDA Vs, BRANGAN, KENNETH LEE Crlminall)Kkel --- - --- Summary QHfAW DocketV r ... _.... Documents 10i MY Open Cases ( ' Recent Cases (10) Rxent SeAcI N, Case a.. 201MFW3342 Citation p: 2MCFW3470 Case P. 20120F000W3 j BARBIERI, KATHERINE LOgWt SUMMARY JWge: SWEET, GARYL Case Type: Cdaninat Felony Shaw; CLOSED Case Number: 201000D3M2 A UMfalm Case Number. 562010CFDD33E7ApDLG( Clarl, Elk Dab: 10/5/2010 Sblut Data: 1/28/2013 Tobl Fees Due: 970.0) Booking Art F: AST LUCIE COUNTY SHERIFFS OFFICE Aeenry Report f. EMbdy Location: PARTIES TYPE PARTY NAME DEFENDANT BRANGAN, KENNETH LEE ATTORNEY NMJMANN DOROTHY NNE JAaln Att.,.,) PLAINTIFF STATEOFFLORIDA `� DAY, JENNIFER LYNNE Mara Attorney) CHARGES COUNT DESCRIPTION LEVEL DEGREE PLEA DISPOSMON DISPOSITION DATE I THIRD DEGREE GRAND THEFT OVER$300., TWO PRIOR CONVICTIONS (812.014) F T ADNDICATEDGUILTY OI/19/2011 2 AGGRAVATED BATTERY -DEADLY WEAPON(78.0A5. 1 Q F S ADJUDICATEOGUILTY 04M9/2011 EYEMS DATE EVENT 112B/10139:00 AM SENTENCING HEARING JUDGE LOCATION RESULT SWEET, GARYL COlalrooln 3A-NC 27- SENTENCE U/➢OSEO 12/3/20129:DOAM SENTENCING HEARING SWEET, GARYL Cavtrpom 3A-HC 06 CASE CONTINUED BY DEFENSE NOTION 10/29120129:00 AM SENTENCING HEARING SWEET, GARYL Courtroom 3A-HE Go- CASE CONTINUED BY DEFENSE MOTION 9.00 AM RING MFFT Deal r. ur )UTSTANI'm AAOLNT DUST CODE DESCRIPTION ASSESSMENT PAID WAIVED BALANCE PAYMENT PLAN/JUDGMENT DUE DATE 1 CF COST CF Court Cost SH1BW $6110 SD 00 $C18 QD OS/19/2011 1 cot Coot of lnVeUi lion 550.00 GO SO.OD 55ODJ 05/19/2011 1 COP CF cost of PmsecAw 510000 WOo SOLO 10000 05/19/2011 1 DDAWIOCHARGE Do x59olerce WrMva S20I00 5000 SOOT 520103 05/19/2011 PDAPP Pudk Defender Aoplka[bn 55pro WOOD 5000 55000 10/01/2011 RECEIPTS ATE RECEIPT APPLIED AMOUNT NG Roco Gn Casa CASE DOCKETS N IMAGE DATE p i VIS/2(13 'ENTRY COURT REPORTER'S ACKNOWLEDGMENT 0 2/131=3 DIRECTIONS TO THE OLDER 0 2/13/2013 STATEMENT OF JUDICIAL ACTS TO BE REVIEWED 0 r 2/13/2013 DESIGNATION TO COUP 0.EPORTER 0 i 2/13/3M3 APPEAL POTION FOR ORDER OF INDIGENCY AND APPOINTMENT OF PD D L 2/13/2013 NOTICE OF APPEAL ITN )CA 0 2/f212013 DOCUMENT RECEIVED OBIECTON TOIAPOSITION OF COSTS p 2/11/2013 ORDER ON DEFENOUNITS OBJECTION TO THE ST LUCIE COUNTY BOARD OF COUNTY[OMWSSIONENS PETITION TO ASSESS COSTS OF INCARCERATION 0 215IM13 DOCUMENT RECEIVED OBJECTION TO IMFOSRON OF COSTS 0 ( 2/1/2013 AMENDED OR CONNECTED SENTENCE. Recorded(OR.3N80.21791379705/1 0 ( 1/30/20I3 COURT)NNUTFSFIIfD 0 1/29/2013 NOTICE OF RESULT ON APPLICATION FOR PUBLIC DEFENDER 0 �' 1/28/2013 AFFIDAVIT INDIGENT STATUS - GRANTED p t 1/2B/3013 CRIMJNAL INCOUNI DOCKET NOTE 0 1/3B/20i1 SENTENCING GUIDELINES 0 1/29/2013 REOPENED CASE CLOSED 0 1/28/2013 COURT NNUTES-M-SENTENCNG HEARING' DEFENDANT APPEARED IN OPEN COURT WITH APD D. NAUMNJN. ASA J. DAY WAS PRESENT. DFFDDANTS FAMILY ADDRESSED THE COURT. THE DEFENDANT WAS RE3EMENCFD PER COURT ORDER ON CT.1- FNEISI YEARS DOC WITH C.T.5.8W DAYS,CT.2. SEVEN AND HALFI7.5I YEARS DOG WITH C.T.S. 8A6 DAYS, WHICH INCLUDES PREVIOUS DOC AND JAL TIME EACH COUNT CONCURRENT AND CONCURRENT WITH 562009CFW31RIA COUNTY AM TO SUBMJT ORDER REGARDING COSTS OF INCARCERATIO WITHIN ONE1)WEEK."CLERK NOTE" NOTES CORRECTED ON 1/3012 3.. WIDE http:// l 0.3.130.70BenchmarkW eb/CourtCase.aspx/Details/I491360?digest=6DvgkhOQQI... 3/1 /2013 2010CF003342 A - STATE OF FLORIDA vs. BRANGAN, KENNETH LEE Page 2 of 4 CASE DOCKETS Y IMAGE DATE - p ( 12111IM2 ENTRY COURT MINUTES FRED _ p 11/10/A312 SENTENCING HEATING SETFORM/18/2013 AT 9:00 PM IN)A/, CIRCUIT JWGE: SWEET, GARYL ! 0 12/3/2M2 COURT MINUTES SENTENCING HEARING: DEFENDANT 4DPFARED IN OPEN COURT WITH APD D. NAUMANN. ASA J. DAY WAS PRESENT FOR 1HE STATE.CASE CO0NJEO ON DEF=CMOTIWANOSETFOR SENTENCING ON 1128113 AT 9:00 AM jSOIDQ 0 �.; 12/3/2012 CRIMINAL INCOURT GOCNETNOTES 0 ( 12/3/2M2 CRINJNAL INCOURT DOCKET NOTES 0 11/1/2012 COURT MINUTES FILED p ( 10/31/2012 DOCUMENT RECEIVED-06JECTION TO IN'POSITION OF COSTS 0 W/29/2012 CRIMINAL INCOURT DOCKET NOTES -- 0 10/29/2012 SENTENCING HEARING SET FOR 4/03Rp11 AT 9:00 AN IN 3A/ , CIRCUIT JLOGE: SWEET, GARY L 0 10/29/2M2 COURT MINUTES - HEARING: DEFENDANT APPEARED IN OPEN COURT WTM API) D. NAUAIANN. ASA J. DAY WAS PRESENT FOR THE STATE. CASE COMINUED ON DEFENSE MOTION TO 12/03/12 AT 9:00M /DG 0 10/26/2012 NOTICE OF RESULT ON APPUCATION FOR PUBLIC DEFENDER 0 10/25/2M2 AFFDAVIT INDIGENT STATUS - GRANTED 0 10/1112M2 MOTION FILED TO ASSESS COST OF INCARCERATION 0 ( 10/11/2012 NOTICE OF HEARING RECEIVED4D49A2-@-9:DO.IM 0 f 10/11/2M2 FAX TRANWSSION VERIFICATION REPORT FILED 0 ( 9/27/2012 RECEIPT FILED FOR ORDERS TO TRANSPORT 0 9/29/2012 NOTION TO TRANSPORT O - 9/25/2M2 ORDER TO TRAMP00.T p L 9/21/2012 NATION TO TRANSPORT 0 9/20/2012 DEFENSE ATTORNEY: NAUWJJN, MAOTHY TUNE ASSIGNED p 9J30/2M2 NOTICE OF APPEARANCE BY PUBLIC DEFENDER p 911212MZ SENTENCING HEARING SET FOR 10/2912012 AT 9:00-AM 1N 3Al , CIRCUIT JUDGE: SWEET, GARY L 0 9M2/3012 CIRCUR JUDGE SWEET, GARY L: ASSIGNED p 9/10/3012 OROEA GRNRING IN PART 3.850 MOTION POST CMMCTDN RELIEF, APPOINTING CWNSEL, AND SM G RFSENTENCEING HEARING 0 8/i)/3M2 AVENDED ORDER REQUITING SUPPIFAENTAL RESPONSIVE MFADING 0 8/15=2 DOCUA WRECOWD-STATES SUPPLEMENTAL RESPONSE TO DEFENDANTS WTIONFOR POST CONWCTIONRELIEF p T/21120R CIRCUR JWGE VAUGHN, DAN L:A41GNE0 0 (' 7/20/2012 SUPPLFMENTAL0.NIENOEDJAOTION FOR PDST COM+ICTIQN RESIST fILEO 0 2/13/2012 ORDER REQUIRING SUPPLENENTA .RESPONSIVE PLEADING 0 r 5/29/2M3 DOCUAENT RECEIVED STATES RESPONSE TO DEFENDANTS MOTION FOR POST CONVICTION RELIEF 0 l 51IM12 ORDER RE: STATES NATION TO RESPOND GRANTED 0 4/30/2012 NATION FILED BY STATE FOR EXTENSION OF TONE TO PREPARE RESPONSE 0 ( 3/5/2012 AMENDED ORDER REQUIRING RESPONSIVE PLEADING 0 2/28/2012 ORDER REQUIRING RESPONSIVE PLEADING 0 r 2/6/Mt2 NOTION FOR POST C�ION RELIEF FILED 0 i/IV=2 4M IDEA ORDER 0 11/7/2011 DEFENSE ATTORNEY: OFFICE OF PUBLIC DEFEMpER, APPELLATE DIVISION ASSIGNED p ! 10/171ml APPEAL NOTE 0 �., 9/50/2011 INDEX TO RECORD ON APPEAL 0 L 9/30/ml TRANSCRIPTS 0 ( 9/30/2011 STATEMENT FOR TPANSCRPTS 0 9/11/1011 DESIGNATION TO COURT REPORTER 0 9/6/2MI MOTION FOR APPOINTMENT OF COUNSEL 0 9/1/2011 NOTICE OF RESULT ON APPUCATION FOR PUBLIC DEFENDER p 9/1/2011 AFFIDAVIT INDIGENT STATUS- INSUf11GENT INFOPANTION i 0 ( 8/22/2M1 RESPONSE TO COURT ORDER i p ( 8/512011 DH IDEA ORDER - -- 0 ( 8/5/2011 AMENDED NTH DCA ACKNOWIEDGMENT 0 811/2011 TRANSCRIPTS 0 7/28NNI 4TH BEA ACKNOWLEDGMENT 0 ( 7/18/2011 APPEAL NOTE 0 / T/18/2011 NOTICE OF APPEAL NTH BEA 0 ( 3118/2M1 APPEAL NOTE 0 ( 7/1/2011 COURTMJNUTESFIIED p 71lfWI1 CWRTNINUTESFIIED - D 6/2912011 COURT MINUTES-9:00 AM HEARING: DEFENDANT APPEARED IN OPEN COURT WITH ATTY R.SESSIONS. ASA J. DAY WAS PRESENT. DEFENSE NOTION TO NJTIGATE SENTENCE WAS STRICKEN. NPIK 0 6/28/2M1 COURT MINUTES HEARING 1:30 PM DEFENDANT NOT FRESfNT(IN MENDING CELL)IN OPEN COURT WiTN AM SESSIONS. ASA J. DAY WAS PRESENT. SANDRA BMNGAN ADORESSED THE COURT. DEFENSE NATION TO REDUCE SENTENCED WAS CONTINUED TO WN/2011 AT 9:00 AN. 1M/OC 0 6/28/2011 HEARING SET MR 06/29/2011 AT 9:00AM IN FI, CIRNIT JUDGE: SWEET, GARYL 0 6/9/2011 NOTICE OF HEARING RECEIVED SET FOR JUN 28T i10:30 WM REDUCE SENTENCE BY R 5ES$I" ESQ. 0 ( 5/1712MI NOTICE OF HEARING RECEIVED 06.2811-@IM30 M4NOTION TO REDUCE SENTENCE 0 5117/2011 HEARING SET FOR M128/2011 AT IQ.7VAMINF/, CIRCUIT JUDGE: SWEET, GARYL http://l0.3.130.70/BenchmarkW eb/CourcCase.aspx/Details/I491360?digest=6DvgkbOQQ1... 3/1 /2013 2010CF003342 A - STATE OF FLORIDA vs. BRANGAN, KENNETH LEE Page 3 of 4 CASE DOCKETS A IMAGE. DATE 0 5/17/2011 ENTRY NOTICE OF HEARING RECEIVED SET FOR 28 JINN Ml 110:30M MJ REDUCE SENTENCE 0 (_ 5/16/2011 SENTENCING GUIDEUNS 0 5/3/I'll HIDUUM SEE FOR 05/17/2011 AT 10:30 AM IN F/, CIRCUIT JUDGE. SWEET, GARYL 0 ( 5/2/MI1 ORDER AND NOTICE OF HEARING 0 4/29/2011 CIFFK NOTE _- - 0 ( 4/27/2011 MDTRR FILED TO REDUCE ORMODIFYSENTENCE 0 4/25/2011 FINAL JUDGMENT FOR PINES FEES COSTS -R w6M IOR.3287.1661/ 35818/71 p L 4/25/2011 JUDGMENT G SENTENCE FILED -Rcc.l (OR.3287.1662 1351 0 4/21/2011 CRIMINAL INCOURT DOCKET NOTES 0 f 4/20/2011 UNIFORMEDCONMJTMENTTODOC 0 ( 4IM1201t PLEA AGREEMENT 0 ( 4/20/2011 DOCUMENT RECEIVED VICTIM NOTIFICATION OF PRISON RELEASE 0 4/19/7011 COURT MJNUT15-3:00 PM SENTENCING: DEFENDANT APPEARED IN OPEN COURT WITH AM R. SESSIONS. ASA J. DAY WAS PRESENT. DEFENDANT WAS SWORN AND PLED NO CONTEST TO: CT. I -THIRD DEGREE GRAND THEFT OVER SM., TWO PRIOR CONVICTIONS, F.S. 1/2.014, F-3 AND CT. 2• AGGRAVATED BATTERY- DEADLY WEAPON, F.S. 71P1.045.1M, F1. FACTUAL BASIS FUND AID PLEA ACCEPTED. THE DEFENDANT WAS ADJUDICATE) GUILTY ON BOTH COUNTS AND SENTENCED TO: CT. 1- FIVE (5) YEARS WITH 419 DAYS C.T.S. CT. 2. FIFTEEN 115) YEARS D.O.C. WITH 419 DAYS C.T.S. TO RUN CONSECUTIVE TO CT. 1 AND THIS CASE TO RUN CGHCURRENT TO CASE N 56M09CF033170A. $398. CURT COSTS, SIM. COST OF PROSECUTION, SM. CRIME STOPPER TRUST FUND, $SO. COST OF INVESTIGATION TO FPPD $701. DOMESTIC VIOLENCE TRUST FUND B S15/RAPE CRISIS TRUST FUND ALL ORDERED TO A CIVIL LIEN. KPUDC 0 4JI912011 CASE CLOSED 0 4/18/2011 HEARING SET FOR 01/19/I011 AT 3:00 PM IN F/ , CIRCUR JLOGE: SWEET, GARY L 0 4/15/2011 HEARING SET FOR 04/191411 AT 3:00 PM IN F/ , CIRCUIT JUDGE: SWEET, GARY L 0 3/161MI DOCKET CALL SET FOR 04/19/2011 AT 3:00 PM IN F/, CIRCUIT JUDGE: SWEET, GARYL 0 3/16/2011 HEARING SET FOR 04/11/2011 AT 3:00 PM IN F/, CIRCUIT JUDGE: SWEET, GARYL 0 3/8/MIl HEARING SET MR Wit7/2011 AT 3:30 PM IN FI, CIRCUIT JUDGE: SWEET, GARYL 0 ( 3/7/Mll NOTICE OF ISSUANCE OF SUBPOENA OFT MALDONADO 0 ( 3/71M11 NOTICE OF ISSUANCE OF SUBPOENA OFC STUBLEY 0 1 317JWII NOTICE OF ISSUANCE OF SUBPOENA FOR OFC DREZEHNTER 0 T 317/Mlt NOTICE OF ISSUANCE OF SUBPOENA FOR OFC BRAUN 0 (' 3/7/411 NOTICE U ISSUANCE OF SUBPOENA FOR JANIC CHAMPION 0 3"/M11 NOTICE OF ISSUANCE OF SUBPOENA FOR I" BRADY D (; 3/7/M11 NOTICE OF ISSUANCE OF SUBPOENA FOR ROBERT MCDONAID/ ATTORNEY SESSIONS D ( 3/7/2011 NOTICE OF ISSUANCE OF SUEUMENA FOR JAMES PERRY/ATTNY SESSIONS 0 ( 3/7/Mil DOCUMENT RECdYED/SUBPOENA FOR DEC STAGNER 0 ! 2/10/2011 NOTICE OF ISSUANCE OF SUBPOENA FOR OFC STUBLEY p ( 2/1012MI DOCUMENT RECEIVED SUBPOENA M TESTIFICAtDUM FOR TRIAL FOR OFC MALDONADO FILED 0 2/9/M11 HEARING SET FOR OW09/2011 AT 10:00 AM IN 61, CIRCUIT JUDGE: SWEET, GARYL 0 ( 2/8/Mlt NOTICE OF HEARING RECEIVED/MAR 9TH 2O1110 AN/ W SUPPRESS PHOTO IDENTIFICATION REGINALD SESSIONS ESQ. 0 ( 1/25/2011 NOTICE OF CURT DATE SENT 0 11251MI1 DOCKET CALL SET FOR M/1617011 AT 9:00AIR IN F/, CIRCUIT JUDGE: SWEET, GARYL 0 1/20/2011 9:00 AM DOCKET BOUNCING: DEFENDANT APPEARED IN OPEN CURT WITH AM SESSIONS. ASA J. DAY WAS PRESENT. DEFENSE MOTION TO CONTINUE GRANTED. CASE SET FOR DOCKET CAI. ON 02/16/20tt AT 9:00 AM JM/OC 0 1JI1/2011 CIRCUIT NUDGE SWEET, GARY L• ASSIGNED 0 ( 116/MIl DOCUMENTRECEIVED/ NOTICE OF INTENT TO SEEK ENHANCED PENALTIES 0 (, 1/6/M11 DEMAND FOR NOTICE OF ALIBI/DEMAND FOR RECIPROCAL DISCOVERY 0 L 12/M/M10 MOTION TO SUPPRESS PHOTOGRAPHIC IDENTIFICATION p (_ 12/01/MIO NOTICE OF CURT DATE SENT 0 12/21/MIO DOCKET CALL SET FOR 61/20/2011 AT 9:00 AA IN FI, CIRCUIT JUDGE: SWEET, GARYL 0 1Z/1512011) 1:30 PM ARRAIGNMENT HI DEFENDANT APPEARED IN OPEN COURT AND WAS QUESTIONED AS TO AN ATTORNEY. DEFENDANT ADVISED THE CURT VAT HE INTENDS TO HIRE ATTORNEY R.SESSIONS. THE DEFENDANT WAS FORMALLY ARRAIGNED AND ENTERED A PLEA OF NOT GUILTY. CASE SET FOR DOCKET CAL ON I IM12011 AT 9:00 AM KP/DC 0 12/14/20I0 ARRAIGNMENT HEARING SET FOR I Z/151=0 AT U30 PM IN B/, CIRCUIT JUDGE: ROPY, MUAAML 0 12/6/2010 1:00 PM ARRAIGNMMENT HEARING - DEFENDANT APPEARED IN OPEN CURT AND STATED HE WISHES TO HIRE A PRIVATE AM. THE COURT RESET ARRAIGNMENT FOR 12/15/4101:30 PM IN/JMJDC 0 ( 12(7/2DI0 DEMAND FOR DISCOVERY 0 ( 12/7/2MO NOTICEOFAUBI 0 I1/I4/2010 1:SO PM ARRAIGNMENT HEALING - DEFENDANT NOT PRESENT, TRANSPORT FROM JAL TO HOSPITAL CASE RESET FOR ARRAIGNMENT ON 12/8/2OtO AT 1:00 PM MWIM 0 (, 11/24/2010 AeraiBnnenl HeeOnR DEFENDANT HOT PRESENT, TRANSPO 0 11 /10/2010 1:30 PM ARRAIGNMENT HEARING • DEFENDANT APPEARED IN OPEN CURT AND WAS QUESTIONED AS TO AN ATTORNEY. DEFENDANT STATED HE WILL HIPS A PRIVATE ATTORNEY. CASE MET FOR ARRAIGNMENT ON It/24/2MO AT 1: )D PM ASA JOHN CANNIZZARO WAS PRESET. (TMW/DCI 0 ( 111101MO ATIN.Gwnt HearW/ DEFENDANT APPEARED IN OPEN CU p 10/29/MtO DOCUMENT RECEIVED- CLERK TRANSWTTAL FORM --- 0 ( 10/29/MIO INFORMATION FILED 0 IOI712010 DOCUMENT RECEIVED - "SEALED FCIC RESPONSE REPORT ' 0 10/7/2MO FIRST APPEARANCE FORM- CONDITION OF BON) OR TOR: DEFENDANT IS NOT TO C OME CLOSER THAN SO FEET OF THE VICTIM J. PERRY, AT ANY PUBLIC PLACE, EXCEPT FOR COURT PROCEEDINGS, OR WITHIN 50) FT OF THE VICTIMS RESIDENCE OR PLACE OF EMPLOYMENT, OR MD FT OF ANY VEHICLE REGULARLY DRIVEN BY THE VICTIM, AND DEFENDANT IS NOT TO CALL THE VICTIM ON THE TELEPHONE, WRITE ANY MESSAGES TO THE VICTIK OR ASK ANYONE TO MAKE CONTACT WITH THE VICTIM 0 ( 10/7/2010 ARRESTAFFIOAVITIILED 0 ( 10/7/2010 WARRANT RETURNED SERVE➢-(2) http://10.3.130.70/BenchmarkWeb/CourtCase.aspxlDetails/14913607digest=6DvgkhOQQ1... 3/1 /2013 2010CF003342 A - STATE OF FLORIDA vs. BRANGAN, KENNETH LEE Page 4 of 4 Bert Vtwed In 102WO a higher remlmW.[oMight 2M- 2010 Rloneer TaW(M Ghl At Rights Reserved. _ _I .rsW 2.5.1.3 http:// 10.3.130.70BenchinarkWeb/CourtCase.aspx/Details/I491360?digest=6DvgkhOQQI... 3/1 /2013 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B.1 DATE: March 19, 2013 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: SUBMITTED BY[DEPT]: County Attorney Katherine Barbieri Assistant County Attorney SUBJECT: St. Lucie County v. Gametime/Dominica Recreation Products, Inc. - Proposed Settlement Agreement See CA No. 13-0331 PREVIOUS ACTION: On September 18, 2012, this Board authorized the County Attorney's Office to file suit for breach of contract. RECOMMENDATION CONCLUSION: Staff recommends that the Board conceptually approve the proposed settlement agreement. COMMISSION ACTION: CONCURRENCE: [ J APPROVED [ J DENIED [ ] OTHER: Faye W. Outlaw, MPA County Administrator, ICMA-CM Review and Approvals V[XJ County Attorney: -g[X] Parks & Recreation Director: Daniel S. McIntyre Edward Matthews INTER -OFFICE MEMORANDUM COUNTY ATTORNEYS OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Barbieri, Assistant County Attorney C.A. NO: 13.0331 DATE: March 19, 2013 SUBJECT, St. Lucie County v. Gametime/Dominica Recreation Products, Inc. - Proposed Settlement Agreement BACKGROUND: On December 8, 2009, the County entered Into a contract with Dominica for the purpose of purchasing and installing ADA accessible playground equipment, safety surfacing and site amenities at the River Park Marina located at 500 East Prima Vista Boulevard, Port St. Lucie. Under the contract, Dominica was required to purchase and install the playground on a safety surface and guarantee to repair, replace or make good to the satisfaction of the County any defect in workmanship or material appearing in the work and further guarantee the successful performance of the work for the service intended. A letter was sent to Dominica on April 25, 2012 putting them on written notice of a violation. On July 26, 2022, the County sent another letter to Dominica requiring the removal and replacement of the surface. Dominica failed and refused to replace or repair the safety surface. On September 18, 2012, this Board authorized the County Attorney's Office to file suit for breach of contract. On February 28, 2013, the County received a proposed SettlementAgreement and Release from the attorneys representing Dominica. A summary of the proposal follows: 1. Defendant shall ensure that the existing surfacing, which is the subject of the contract between Gametime/Dominica Recreation Products and St. Lucie County is removed. 2. Defenclantshall ensure thatSt. Lucie Countyls; given reasonabletime to address possible drainage issues prior to installation of a new playground surface. 3. St. Lucie County representatives are allowed to test the new playground surface material immediately prior to installation of the new playground surface. 4. Once the new soft surface is installed by Defendant through its agents and/or assigns, St. Lucie County agrees to fully release defendant from any action whatsoever including damage or deterioration to the surface, personal injury or any other claim involving the playground surface. St. Lucie County releases Defendnat from any obligations whatsoever after removal and reinstallation of the playground surface is complete. RECOMMENDATION/CONCLUSION: Staff recommends that the Board conceptually approve the proposed settlement agreement. KB/cb Encl. 1:\CH H NN.v{,M,M.Mo-MD..Nk{ nttkmmU{mtwpd Respectfully submitted, Katherine Barbieri Assistant County Attorney SETTLEMENT AGREEMENT AND RELEASE For the sole consideration expressly listed in Paragraph Two (2) and Three (3) of this Release, the undersigned hereby Releases and forever discharges Dominica Recreation Products, Inc., their heirs, executors, administrators, agents and assigns, and all other persons, firms or corporations liable or who might be claimed to be liable (to include Playcore and Gametime), none of whom admit any liability to the undersigned but all expressly deny any liability, from any and all claims, demands, damages, actions, causes of action or suits of any kind or nature whatsoever, and particularly on account of all damages and/or injuries known or unknown, both to person and property, which have resulted or may in the future develop from the installation and/or re -installation of a playground surface in St. Lucie County and more particularly described in Plaintiff's Complaint dated September 26, 2012. The consideration includes and is limited to the following; (1) Defendant through its agents shall ensure that the existing surfacing, which is the subject of the contract between Gametime/Dominica Recreation Products Inc, and St. Lucie County, (See Exhibit A attached to Complaint) is removed, (2) that St. Lucie County is given reasonable time to address possible drainage issues priorto Installation of a new playground surface, (3) that St. Lucie County representatives are allowed to test the new playground surface material immediately priorto installation of the new playground surface and that (4) the soft surface is installed by defendant through its agents and/or assigns. Once the new surface is installed, St. Lucie County agrees to fully release defendant, its agents, assigns, firms or other entities associated therewith (including but not limited to Gametime and Playcore) from any action whatsoever including damage or deterioration to the surface, personal injury or any other claim involving the playground surface. St. Lucie County further agrees to release defendant, its agents and assigns (including but not limited to Gametime and Playcore) from any and all warranty obligations which are provided by defendant, Gametime, Playcore and/or any agents, assigns, persons, firms or other entities associated therewith. St. Lucie County releases defendant, its agents, assigns, firms or other entities associated therewith (including but not limited to Gametime and Playcore) from any obligations whatsoever after removal and re -installation of the playground surface iscomplete. Undersigned further declares that as furtherconsideration for payment of said sum, undersigned hereby agrees to protect the said Releasees and hold harmless said Releasees against any claim for damages, compensation, debt lien or otherwise on the part of any party, growing out of or resulting from any claim involving the subject playground surface. Undersigned hereby declares that the terms of this settlement have been completely read and are fully understood and voluntarily accepted for the purpose of making a full and final compromise adjustment and settlement of any and all claims, disputed or otherwise, on account of the injuries and damages above mentioned and for the express purpose of precluding forever any further additional claims arising out of the aforesaid playground surface, Undersigned hereby accepts draft or drafts as final resolution of the consideration set forth Plaintiff Defendant AGENDA REQUEST ITEM NO. VI-B-12 DATE: March 19, 2013 REGULAR[ ] PUBLIC HEARING[ ] CONSENT [XI TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): County Attorney Mark Godwin Criminal Justice oordinator SUBJECT: Reorganization of Criminal Justice Programs BACKGROUND: Please see attached Memorandum CA No. 13-0336. FUNDS AVAIL: 107-2360-512000-200(Pretrial) 107-2360-512000-2053(Lab) for the remainder of FY 2012-2013. PREVIOUS ACTION: The Board approved the development and implementation of the St. Lucie County Pretrial Program in 2006 and Drug Screening Lab in 2008. RECOMMENDATION: Staff recommends the Board approve the restructuring of the Pretrial and Lab position responsibilities and salary adjustments. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED [ ]OTHER: Faye W. Outlaw, MPA-ICMA-CA County Administrator Review and Approvals [X] County Attorney: [x] Management & Budget: [ clntyre Marie Gouin, Director Patty Marston, Analyst [X] Human Resou as: ra Ravm e, Director TO: Board of County Commissioners THROUGH: Daniel S. McIntyre, County Attorney FROM: Mark J. Godwin, Criminal Justice Coordinator( DATE: March 19, 2013 VVV iVVV! SUBJECT: Reorganization of Criminal Justice Programs Background: The Criminal Justice Programs (Pretrial and Drug Lab) have been very successful in meeting and exceeding their goals of increasing public safety and reducing costs to the criminal justice system and the County. The success of the programs and outstanding reputation are due in part to the credit of the efforts of the staff, and the St. Lucie County Sheriff's Office, St. Lucie Clerk of the Court, Criminal Justice System and the St. Lucie County and Circuit Courts. To ensure the continued success of the programs, staff is recommending the reorganization of the programs. The proposed reorganization of the Pretrial and Drug Lab programs would be as follows Re-classify two (2) Senior Pretrial Officers positions into two (2) Pretrial Program Supervisors. This supervisory team would assist the Program Manager with the day and night running of the program administration and operations, and would be responsible for the operation of the Pretrial Program in the absence of the Program Manager. Re-classify one (1) Pretrial Staff Assistant into a Pretrial Case Manager. This position would handle all aspects of case management, monitoring of defendant compliance with court ordered conditions of pretrial release, intake and close-out of all case files, and providing weekly and annual report data for statutorily required reports. Work is performed under the direction of the Pretrial Program Supervisor, and reviewed through file reviews, database reviews, and statistical report reviews. Drug Lab Manager Position increase in salary request. The Drug Lab Manager Position was reclassified in title only last year and due to budget restrictions the salary was not increased. The responsibilities of managing the Lab have increased to be compatible with other manager positions within the County. The Lab Manager is still receiving the salary of a Pretrial Officer position. The Lab Manager currently supervises five (5) staff with two lab operations (Ft. Pierce & Okeechobee). The lab has increased in business and revenue with services being provided in a timely and efficient manner that reflects well on all agencies using the lab. The lab has established a hot-line for the agencies using the lab, along with providing for credit card usage during payment of services. The lab manager and staff work random weekend and holidays, which is one of the many services not provided before the lab was developed. In an effort to supplement income, the lab also provides drug screening services to various area businesses for work place testing (please see attached list). In addition to overseeing the drug lab operations, the Lab Manager provides criminal court case management. Funding Impact: (Pretrial Staffing Recommendations) The proposed increase in funding in the Pretrial Release Program will be absorbed the Fine and Forfeiture Budget with projected savings in this year's contractual budget.(107-2360-534000-200) category in the amount of $75,000.00. Utilizing these savings, we will not request an increase to the budget for the proposed increases. Position Title Change Current Salary I Proposed Salary Budget Impact with Benefits PTR Program Supervisor 2 47,133 149,489 5,588.00 2 positions total PTR Pretrial Case Manager 124,960 36,720 13,947.00 Funding Impact: (Drug Lab Staffing Recommendations) The proposed increase in funding in the Drug Lab Program will also be absorbed in the Fine and Forfeiture Budget with a projected savings in FY 13 operating budget (107-2360-552000-2053) and utilizing this savings, we will not request a budget increase. Position Title ICurrent Salary I Proposed Salary Budget Impact with Benefits Drug Lab Manager 139,713 149,489 11,594.00 Recommendation: Due to the cost savings and revenue projections in the pretrial and drug lab budgets, the salary increase would have no impact on the County's budget. Staff recommends the Board approve the restructuring of the pretrial and drug lab position responsibilities and salary adjustments. Respectful] Mark Godwin Criminal Justice Coordinator 1. 1 .. ■. 1 1 1 1 1 e®■�■� ;� x �y 1 1 I I Pretrial ' I 11! Senior 1 Supervisor Y s a A 1.00 1.00 y; 1 1 1 1923 i ra GRADE:PAY ti Z :1 3 1 1 }}l y c„ v. ,,;K`. $69t 2 iYY `.3-t � h �.$�` a` } t•SR 'ir�ti�3x.Sr�'{S4 S,.11 F1d ui. C � t ,# LAs: � `-'�`rf-- � .,. S y! ;JUSTIIFICATI1 . professional position workingwithin 1"Pretrial Programunder theCounty Office. An employee 1thisposition would assist the Pretrial Program Manager withall administrative•11 operational duties 1the Program. Work performedunder the direction 1the PretrialProgram Manager,.11reviewedthroughcompliance 1 . ll court orders, statisticaldata,staffsupervision, 11 all other 1 operationsof 1"Program.1 11 \1 would also 1responsible 1 operation\ the Program, 11 absence1the ProgramManager. • 1• 1 1 I .1 111 11 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS POSITION RECLASSIFICATION FOR FISCAL YEAR 2012-2013 ARTMENT: COUNTY A Staff Assistant Pretrial Case Manager FTE: 1.00 1.00 JOB CODE: 712 TBD PAY GRADE: 12 TBD PAY SCALE: $24.957.46 - $37.998.89 TBD BUDGET: $18,593 III Zi17' .Tffl $36,720 $11,760 $20,781 $2,187 x This is a professional position working within the Pretrial Program under the County Attorney's Office. An employee in this position would handle all aspects of case management, monitoring of defendant compliance with court ordered conditions of pretrial release, intake and close-out of all case files, and providing weekly and annual report data for Statutorily require reports. Work is performed under the direction of the Pretrial Program Supervisor, and reviewed through file reviews, database reviews, and statistical report reviews. L ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ' POSITION RECLASSIFICATION FOR FISCAL YEAR 2012-2013 DEPARTMENT: COUNTY ATTORNEY RECOMMENDED: X YES NO REVISED DIVISION: CRIMINAL JUSTICE - DRUG LAB APPROVED: I YES NO I REVISED CURRENTLY Y RE UEST ED B UDGET IMPACT . POSITION TITLE• Man ru Drug ru La Manager b r D Lab r ae g g g FTE• 1.00 1.00 JOB CODE: n h i 949 949 �I I i { PAY GRADE: 19 9 i t f, 1 PAY SCALE: 37 822 .36 - $ 59 580.14 $ 3 822 - 7 .36 5 $ 9 580.14 SALARY: 3 9 713 4 9 489 9 776 BENEFITS: I1'S: 21 5 ,337 $23 15 1 818 TOTAL BUD, 61 OS 0 72 644 I15 94 JUSTIFICATION: This is a responsible professional and supervisory work in the Drub Lab/Criminal Justice/ County Attorney Office. The Drug Lab Manager directs the operations of the lab directly and through subordinate staff through the office of the Criminal Justice Coordinator. The Manager represents the County in concert with the Criminal Justice Coordinator to the Judiciary, Drug Court, Mental Health Court felony and misdemeanor probation, Department of Children and Families, Department of Juvenile Justice and many other agencies in the community. The Lab Manager assists in the development and implementation of lab policies, systems of care and strategic plans. RECLASS REQ#: RPR13-020 ACCOUNT#: 107-2360-512000-2053 January 2013 SLC Pretrial Program Up -Date The program is 5 % years old (started 6/2007) There is a Program Manager, 7 Pretrial Officers, and 1 clerical position For 2012: • $810,707.00 - budgeted (includes the cost of GPS) • $692,055.95 - actually expended • $118,651.05 - difference (under budget) • $6,999.00 - collected (as ordered by the court) • 629 new defendants released in 2012 (800 defendants ordered for pretrial) • 153 carry-over defendants from 2011 • 782 total defendants supervised in 2012 • Approximately 61,500 "jail bed days" saved at the inmate rate of $60 per day • Savings of over $3.7 million (not including the medical and hospital cost) • $4.50 daily GPS cost per unit (down from $8 per day in 2007) • Approximately 9000 field/residence checks done • Approximately 2265 drug tests ordered • Over 3500 defendants have come through the program in the 5 % years • Comparing active cases for January 2012 and January 2013 — about a 65% increase St. Lucie County Pretrial Program 375 2009 k.n — 2010 2011 2012 2013 325 Average Defendant Case Load Pretrial & Sentenced 275 234 T,_,...,. 225 �11. 175 1 do 90 J135 1 .:.,,•:,-._.�..��.. _„�,.,,.,�,. 42 41 125 3 127 75 25 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec The St. Lucie County Pretrial Program has now been fully operational by County staff for just over five years. The above graphs show the increase in the defendant caseload over the last year, noting an approximate 65% increase for the month of January (between 2012 and 2013). The 2012 year showed a gradual increase, especially during the last six months of the year. This can be attributed to several factors, with the first being the established credibility of the Program with all the court and criminal justice related agencies (including public safety issues, cost of incarceration, cost of medical, and availability of GPS monitoring and drug testing). In addition, the recent closure of state prison facilities and the possible future legislation that might involve more inmates being housed in local county jails, can show a trend toward looking at alternatives to incarceration while in pretrial status. The Pretrial Program also serves as a diversion from incarceration, in select sentenced cases. St. Lucie County Drug Lab 3/8/2013 4:08:40 PM Yearly Test Summary M Number of Tests Clients The Drug Lab services the following St Lucie County court based programs and agencies: Pretrial Program Drug Court (Felony, Misdemeanor and Juvenile) Mental Health Court Dependency Court (DCF/UFF) CORE Probation Juvenile Probation (DJJ) Judge orders (Felony, Misdemeanor and Family Court) In addition to St Lucie County, many other Florida counties as well as other state's agencies frequently send their clients to the Drug Lab. The following court based agencies use Drug Lab services: Brevard County Criminal Justice Services Brevard County Family Court Brevard County (DCF) Broward County Probation Broward County Family Court Broward County (DCF) Glades County Probation Hendry County Probation Georgia (CASA Probation) Kentucky (DCF) Kissimmee (Judicial Corrections Services) Kissimmee Pretrial Services Leon County Probation Levy County Probation Osceola County Probation Palm Beach County Family Court Palm Beach Probation (Pride Probation) Polk County Probation Sevierville, Tennessee Probation Shelby County Probation Stewart Marchman Act (Daytona Mental Health Court) Wake County, North Carolina Human Services Wilson County, Tennessee Probation West Palm Beach (Children s Home Society) Many area treatment providers and housing facilities send their clients to the Drug Lab. These providers use the Drug Lab services to supplement court based program services when necessary. The following is a brief but not exhaustive list of local treatment providers and housing facilities that use Drug Lab services: ADAP Breakthrough Recovery Bridgers CARP Outpatient Counseling and Recovery Center DATA Daughters of Naomi Eckerd Leadership Program and Youth Alternatives Program Pace Center for Girls Plant -a -Seed Ministries Safe Harbor Life Center In an effort to supplement income, the Drug Lab also provides drug screening services to various area businesses for work place drug testing. The following businesses use Drug Lab services: Aegis Sciences Corp. Boys & Girls Club of SLC CASTLE City of Ft Pierce Faitella Enterprises Family Medical Practice of the Treasure Coast Grill on the Green Restaurant Hands of SLC Harmon, Inc. Iron Workers, Local 402 Independent Drivers IRSC Police and Fire Academy Cadets Jet Center Longshoreman Nutrition 101 Transport Unitech Services Group, Inc. Workforce Solutions The Drug Lab also provides drug screens for private individuals for a variety of reasons. Parents require their teenaged children drug screen in order to get car privileges. Parents, spouses and significant others want drug screens when drug use is suspected. Some people drug screen to make sure there are no drugs in their system before taking a pre -employment drug test. In addition to drug screens, the Drug Lab also collects DNA for Department of Revenue Child Support cases. The Lab charges $15 per person and collections are done every other Thursday. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B.13 DATE: March 19, 2013 REGULAR [ ] PUBLIC HEARING[ ] CONSENT [xx] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Request for Proposals (RFP) No. 13-001 Phase I and Phase II Environmental Site Assessments, Wetland Delineations and other Biological Monitoring Services Please see an attached Memorandum FUNDS AVAILABLE: Funding shall be project specific PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to award RFP No. 13-001, Phase I and Phase II Environmental Site Assessments, to Dunkelberger Engineering of Port St. Lucie, Ardaman & Associates, Inc. of Port St. Lucie, Hobe Sound Environmental of Hobe Sound and Land Design South of Port St. Lucie and authorization the Chairman to sign the documents as prepared by the County Attorney. [ ] APPROVED [ ] DENIED [ ] OTHER: [x]County Attorney : Daniel S. McIntyre [x] Originating Dept.: IfIAL JoAnn Riley CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM Review and Approvals [x] Budget Analyst:_ Patty Marston [x] Purchasing: Desiree Cimino S:\ACQ\WP\JoAnn\RFP'S\ESA RFP 13-001\Agenda Request.wpd [x] Mosquito ControjJI avid[x] Budget Director Marie Gouln PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: March 19, 2013 SUBJECT: Request for Proposals (RFP) No. 13-001 Phase I and Phase II Environmental Site Assessments, Wetland Delineations and Other Biological Monitoring Services On December 7, 2012, responses to RFP No. 13-001, Phase I and Phase II Environmental Site Assessments, were opened. We received nineteen proposals; we notified 917 companies and we distributed 90 RFP documents. On February 9, 2013, the selection committee evaluated and ranked the proposals that we received. We have provided the committee members' scores and ranking for each firm in Attachment B. Phase I Conduct Phase I Environmental Site Assessments of County properties and proposed acquisition parcels as directed by the Board of County Commissioners. Services to be provided shall be in accordance with American Society for Testing and Materials (AST.M) Designation: E1527-00, entitled, "Standard Practice for Environmental Site Assessment Process" latest revision. Phase II Perform Preliminary Contamination Assessments on sites, which have been identified as potentially contaminated either through Phase I Environmental Site Assessments or other related information. Perform Phase II Contamination Assessments in accordance with appropriate regulatory agency guidelines. Wetland Delineations Conduct delineation and assessment of wetlands of County properties and proposed acquisition parcels as directed by the Board of County Commissioners. Services to be provided shall be in accordance with 62-340 Florida Administrative Code (F.A.C.), entitled "Delineation of the Landward Extent of Wetlands and Surface Waters" latest revision and the "United States Army Corps of Engineers (USACOE) Wetland Delineation Manual," 1987, or latest revision as may be required per regulatory agency requirements. Item No. VI-13.16 March 19, 2013 Page 2 Other Biological Monitoring Services Those required under state and federal permits, etc., including multi -year wetland monitoring, UMAM evaluations, CIMS Services, and seagrass assessments and/or monitoring. Provide construction and inspection services of projects as requested by the County. Provide certification of construction complete in accordance with the permitted and contract documents. RECOMMENDATION: Board approval to award RFP No. 13-001, Phase I and Phase II Environmental Site Assessments, to Dunkelberger Engineering of Port St. Lucie, Ardaman & Associates, Inc. of Port St. Lucie, Hobe Sound Environmental of Hobe Sound and Land Design South of Port St. Lucie and authorization the Chairman to sign the documents as prepared by the County Attorney. Respectfully submitted, )OArm Riley Property Acquisition Manager 5:\ACQ\WP\JoAnn\RFP'S\ESA RFP 13-001\Agenda Memompd BOARD OF COUNTY COMMISSIONERS Attachment A (page 1 of 2) TABULATION SHEET — RFP# 13-001 PURCHASING DEPARTMENT PHASE I AND PHASE II ENVIRONMENTAL SITE ASSESSMENTS, WETLAND DELINEATIONS AND OTHER BIOLOGICAL MONITORING SERVICES OPENED: DECEMBER 07, 2012 AT 3:00 PM Nineteen (19) Submittals were received for subject proposal: ARDAMAN & ASSOCIATES INC. - S Contact: Dan J. Zrallack I Phone: 772-878-0072 Fax: 772-878-0097 Address: 460 Concourse Place NW, Unit 1, Port St. Lucie, FL 34986 COASTAL TECH - H Contact: Michael Walther Phone: 772-562-8580 Fax: 772-562-8432 Address: 3625 20,nStreet, Vero Beach, FL 32960 CONSOLIDATED ENVIRONMENTAL ENGINEERING - H Contact: Dr. Timothy N. Scott I Phone: 321-242-7100 Fax: 321-242-0071 Address: 3135 Skyway Circle, Suite 101, Melbourne, FL 32934 CROSSROADS ENVIRONMENTAL CONSULTANTS INC. - H Contact: Tobin Overdorf I Phone: 772-223-5200 1 Fax: 772-223-5103 Address: 1251 SW 27 Street, Suite 2, Palm City, FL 34990 DMC - DREDGING& MARINE CONSULTANTS - S Contact: Shailesh K. Patel I Phone: 772-878-2905 Fax: 772-878-2990 Address: 1850 SW Fountainview Blvd., Suite 201, Port St. Lucie, FL 34986 DUNKELBERGER ENGINEERING & TESTING INC. - S Contact: Craig E. Dunkelber er I Phone: 772-343-9787 Fax: 772-343-9404 Address: 607 N. W. Commodity Cove, Port St. Lucie, FL 34986 ECO ADVISORS LLC - H Contact: John R. Poggi Phone: 561-627-1810 Fax: 561-627-2270 Address: 331 RCA Blvd., Suite 3114, Palm Beach Gardens, FL 33410 EFI GLOBAL INC. - S Contact: Ron Sallin Phone: 321-251-9091 Fax: 321-251-9099 Address: 11602 Lake Underhill Road, Suite 140, Orlando, FL 32825 EW CONSULTANTS INC. - H Contact: Paul Ezzo Phone: 772-287-8771 Fax: 772-287-2988 Address: 1000 SE Monterey Commons Blvd., Suite 208, Stuart, FL 34996 FLORIDA ENVIRONMENTAL CONSULTING INC. - H Contact: Timothy E. Maslin I Phone: 772-299-4791 Fax: 772-778-3617 Address: 1835 20 Street Vero Beach, FL 32960 Attachment A (Pace 2 of 2) HRP ASSOCIATES INC. - H Contact: Howard S. Hurd Phone: 727-375-2323 Fax: 727-375-2311 Address: 1817 Cypress Brook Drive Suite 103, New Port Richey, FL 34655 HSE- HOBE SOUND ENVIRONMENTAL CONSULTANTS INC. - H Contact: Robert L. Wei t Phone: 772-454-3676 Fax: N/A Address: 9512 S.E. Duncan Street, Hobe Sound, FL 33455 LAND DESIGN SOUTH OF FLORIDA INC. - S Contact: Jer Renick I Phone: 772-871-7778 Fax: 561-487-5012 Address: 501 SE Port St. Lucie Blvd., Port St. Lucie, FL 34984 MILLER LEGG - S Contact: Sandra Smith Phone: 772-344-3431 Fax: 772-237-0962 Address: 264 NW Peacock Blvd., Suite 102, Port St. Lucie, FL 34986 NOVA ENGINEERING AND ENVIRONMENTAL LLC - S Contact: John Hill I Phone: 954-424-2520 Fax: 954-424-2580 Address: 4350 Oakes Road, Suite 518, Fort Lauderdale, FL 33314 THE PHOENIX ENVIRONMENTAL GROUP INC. - S Contact: Mark O. Friedemann I Phone: 954-583-0283 Fax: 954-587-9115 Address: 886 Alamanda Court, Plantation, FL 33317 SOUTHEAST SOIL & ENVIRONMENTAL SERVICES INC. - H Contact: Donna M. Smith I Phone: 772-359-0038 Fax: 772-264-8074 Address: 4511 S. Indian River Drive, Fort Pierce, FL 34982 URS CORPORATION SOUTHERN - S Contact: William Marcus I Phone: 561-994-6500 Fax: 561-994-6524 Address: 7800 Congress Ave., Suite 200, Boca Raton, FL 33487 UNIVERSAL ENGINEERING SCIENCES - S Contact: Richard Hoa lin I Phone: 772-461-9815 Fax: 772-461-9816 Address: 845 South Kings Highway, Fort Pierce, FL 34945 NUMBER OF COMPANIES NOTIFIED*: 917 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 90 NUMBER OF BIDS RECEIVED: 19 * - Per demandstar.com Attachment B Firm Location Ability, Knowledge and Past Performance of Firm & Designated Project Team Approach and Understanding of the Project. Total Total possible points per committee member 20 40 40 100 Total possible points for five members 100 200 200 500 Dunkelber er Engineering 50 193 188 431 Ardaman and Associates 50 187 187 424 Hobe Sound Environmental 15 200 199 414 Land Design South 50 179 176 405 Dredging & Marine Consultants 50 164 168 1 382 Southeast Soil & Environmental 100 133 133 366 Crossroads Environmental Consultants 30 159 163 352 EW Consultants Inc 30 157 164 351 URS Corporation 15 166 163 344 Coastal Tech 30 152 158 340 ECO Advisors, LLC 15 157 163 335 Universal Engineering 50 138 147 335 Florida Environmental Consultin 30 141 148 319 The Phoenix Environmental 15 153 144 312 Consolidated Environmental 15 149 146 310 EFI Global Inc 15 153 141 309 Miller -Legg 50 120 139 309 H RP Associates, Inc 15 141 128 284 Nova Engineering 15 139 125 279 LOCATION RATING Headquartered in St. Lucie County 20 Satellite Office in St. Lucie County 10 Office located in the tri-county area Martin, Okeechobee & Indian River Count 6 Office located outside of the tri-county area but in Florida 3 Office located outside of Florida 0 Proposing firms can only receive a score from one of the above categories. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Road Impact Fee Credit Agreement 13-001 Love's Travel Stop BACKGROUND: Please see an attached Memorandum FUNDSAVAILABLE: N/A PREVIOUS ACTION: ITEM NO. VI-13.14 DATE: March 19, 2013 REGULAR(] PUBLIC HEARING CONSENT [x] PRESENTED BY: JoAnn Riley Property Acquisition Manager January 20, 2012 - Planning & Development Services Director through PDS 12-008 granted Minor Site Plan approval to Love's Travel Stop. September 21, 2012 - Planning & Development Services Director through PDS 12-032 granted a Minor Adjustment to Love's Travel Stop. RECOMMENDATION: Staff recommends that the Board approve the Road Impact Fee Credit Agreement 13-001 with Love's Travel Stops & Country Stores, Inc., authorize the Chairman to sign the Agreement and direct staff to record the Agreement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: [ ] APPROVED [ ] DENIED ( ] OTHER [x]County Attorney: ! Daniel S. McIntyre (x] Originating Dept: JMP- JoAnn Riley Faye W. Outlaw, MPA County Administrator, ICMA-CM Review and Approvals [x] Planning & Dev. Services: [x] County Surveyor: Mark Satterlee � Ron Harris A [x] Public Works: [x] Engineering: �4P r Do�West Michael Powley S:\ACQ\WP\Road Impact Fee Credit Agreements\Love's Travel Stop\Agenda Request.wpd PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: March 19, 2013 SUBJECT: Road Impact Fee Credit Agreement 13-001 Love's Travel Stop BACKGROUND: On January 20, 2012, the Planning & Development Services Director through PDS 12-008 granted Minor Site Plan approval to Love's Travel Stop subject to conditions. Condition Number 2 states, within 90 days of receiving site plan approval, the applicant shall convey the required right-of-way width of 47.50' to St. Lucie County and/or FDOT for road right-of-way for Kings Highway. September 21, 2012, the Planning & Development Services Director through PDS 12-032 granted a Minor Adjustment to Love's Travel Stop subject to conditions. Staff has received a request for road impact fee credits from Love's Travel Stop for the 47.50' right-of-way donation to FDOT, see attached Warranty Deed. County staff has determined the right-of-way donation is eligible for credit against road impact fees as stipulated within Section 1-17-33.1.(c)(6) of the Code of Ordinances of St. Lucie County. The value of the property donated to the County is $110,246.71 as confirmed by the County Surveyor. The value is 120%of the 2011 assessed value as determined by the St. Lucie County Property Appraiser's Office, pursuant to Section 1-17-33.1.(c)(6) of the Code of Ordinances of St. Lucie County. Attached is a copy of a proposed Road Impact Fee Credit Agreement which, if adopted, would grant Love's Travel Stop a credit against road impact fees for $110,246.71. RECOMMENDATION: Staff recommends that the Board approve the Road Impact Fee Credit Agreement 13-001 with Love's Travel Stops & Country Stores, Inc., authorize the Chairman to sign the Agreement and direct staff to record the Agreement in the Public Records of St. Lucie County, Florida. Respectfully submitted, lA�r..t�, 'CwC-2a �Ginn Riley Property Acquisition Manager S:\ACQ\wP\Road Impact Fee Credit Agreements\Love's Travel Stop\Agenda Memo.wpd ao� LOVE'S TRAVEL STOP W16 1 S mscuruen sl mae<oumy,.awanoxa.a.rrv. eapresenmonee0reeam aamme wmem.«yuwmeazueaq.nneepmzi or mmweiereeason.roi ue aeoena moeeaamxp ormaa nnam 0 0012M.025 005 0075 0.1 lne a Laa Srome mbery omM wa peevraea nersm loraeryeeawn x 4Ge covnh eaprUltltlMarmsany iei.resnrntanaanananerarta.aMWvg, nENrn Ea'aalioo, Ine nopPza Miee MnlanRtyaM 4Naasbea{arliev4r W�poee. Sl Luce Carniy Nalla¢eumem6a0ant ld Mtleeee rs.onravon; oanee:waaKain Ne InldmabngovNaa repaepl+[eolMveuwea:oe2.Xnyaewean nettle oeapbnlaken Bend laA'en Darcy prism inederr[t upanenyrnlonnarran oe aala Nmilatl lnreuMer. t' ., ti n:� t �v�:. ROAD IMPACT FEE CREDIT AGREEMENT (RIF-13-001) BETWEEN ST. LUCIE COUNTY, FLORIDA AND LOVE'S TRAVEL STOPS & COUNTRY STORES, INC. IN CONSIDERATION FOR DEDCATION OF RIGHT-OF-WAY FOR KINGS HIGHWAY This Road Impact Fee Credit Agreement ("Agreement") is made and entered into this day of , 2013, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida ("County") and LOVE'S TRAVEL STOPS & COUNTRY STORES, INC., an Oklahoma corporation, whose address is 10601 North Pennsylvania, Oklahoma City, Oklahoma 73120 ("Developer"). WITNESSETH WHEREAS, on January 20, 2012, Developer received approval for a Minor Site Plan from St. Lucie County Planning and Development Services Director through PDS No. 12-008, as amended by a minor adjustment approved on September 21, 2012 by PDS No. 12-032, for a project known as Love's Travel Stop ("Project"), on property located south of Orange Avenue and east of King's Highway in St. Lucie County, Florida, as more particularly described in Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the County and the Florida Department of Transportation have required the dedication to the State of Florida Department of Transportation of additional right-of-way to widen King's Highway as a condition of approving the Project; and WHEREAS, the donation of the required right-of-way to the State of Florida Department of Transportation along King's Highway has been completed; and WHEREAS, certain costs were incurred by the Developer to meet the requirements of the Florida Department of Transportation for making the required dedication of right -of way; and WHEREAS, County has adopted a "Roads Impact Fee Ordinance" which imposes impact fees relating to public transportation facilities and which provides for credits against such impact fees for certain contributions, construction, or dedication of land; and WHEREAS, Developer is desirous of obtaining a credit against the required County Road Impact Fees due as a result of development of Developer's property described on Exhibit "A" (the "Property"); and WHEREAS, King's Highway is part of St. Lucie County's Roads Impact Fee Eligibility network; and 1217756M WHEREAS, this Board does hereby determine that the King's Highwayright-of- way dedication to the Florida Department of Transportation as part of the Love's Travel Stop development is not site related and that such dedication is to the benefit of the County and the public at large; and WHEREAS, based on the provisions of Section 1-17-33:1(c) of the Code of Laws and Ordinances of St. Lucie,County, the value of the dedicated right-of-way for King's Highway is computed to be $93,938.96 and the total value of the credit related to the transportation contributions is $110,246.71, as is more specifically set forth in Exhibit "B" attached hereto and incorporated herein. NOW, THEREFORE, in consideration of the promises, mutual covenants, and conditions contained herein and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties to this Agreement agree as follows: hereto. Recitals. The above recitals are true and correct and incorporated herein. Property. The Property governed by this Agreement is described in Exhibit "A" attached Amount of Road Impact Fee Credit. Pursuant to the criteria set forth in Section 1-17-33.1 of the Code of Laws and Ordinances of St. Lucie County, Developer is entitled to a Road Impact Fee Credit in the amount of One Hundred Ten Thousand Two Hundred Forty -Six Dollars and Seventy - One Cents ($110,246.71) for the contribution to the public road system. In conjunction with the Development of the Project, and as required by the Florida Department of Transportation, Love's procured the donation of additional right- of-way from the adjacent parcel to the south of the Property ("Additional Donated Right - of -Way"). In the event that Developer provides documentation to the satisfaction of the County that Developer is entitled to the benefit of the Road Impact Fee Credit from the Additional Donated Right -of -Way, County agrees that this Agreement may be amended to provide additional Road Impact Fee Credit for development of the Property described in Exhibit "A" as a result of said Additional Donated Right -of -Way. 4. Limitation of Credit/Applicability The Road Impact Fee Credit established herein is limited solely to the Property described in Exhibit "A", Road impact fees owed for the development of the Property shall be reduced by the Road Impact Fee Credit as such fees become due. The Credit is not transferable to any other property owned by Developer and may only be applied 12177569.5 against Road Impact Fees for Love's Travel Stop as same is currently approved or subsequently amended or for such other development on the Property as may be approved in the future. The Road Impact Fee Credit as established by this Agreement may only be applied against Road Impact Fees and shall not be creditable against impact fees imposed for purposes other than roads. Developer acknowledges that, based on the provisions of Section 1-17-33.1(b) (3) of the Code of Laws and Ordinance of St. Lucie County, the amount of Road Impact Fee Credit available shall not exceed the total amount due for the County Road Impact Fees, as may be required as a result of development of the Property described on Exhibit "A". 5. Assi¢nability of Credit. Developer may assign all or part of the Credit described in Section 3 above to its successors in title and interest to the property described in the attached Exhibit "A". Such assignment shall be by recordable written instrument signed by the assignor and the assignee. Before such assignment is effective, a copy of the assignment shall be provided by Developer to the County at the address set forth in Section 7 below and the original assignment recorded in the public records of the County. 6. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. Notices. Any notice, request, demand, instruction or other communication to be given to either party under this Agreement shall be in writing and shall be hand delivered, sent by Federal Express or a comparable overnight mail service, or by U.S. Registered or Certified Mail, return receipt requested, postage prepaid, to County and to Developer at their respective addresses below: As to County: St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, FL 34982 With a copy to County's Legal Representative: St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 12177569.5 As to Developer: Rick Shuffield 10601 N. Pennsylvania Avenue Oklahoma City, Oklahoma 73120 With a copy to: Amy Guzzy, Esq. P.O. Box 26210 Oklahoma City, Oklahoma 73126 And to: Noreen S. Dreyer, Esq. Greenspoon Marder, P.A. 145 NW Central Park Plaza, Ste. 200 Port St. Lucie, FL 34986 8. Recording. This Agreement shall be recorded by the County in the public records of St. Lucie County. 9. Termination of Agreement. This Agreement shall be effective until all of the Road Impact Fee Credits authorized herein are consumed through the issuance of building permits or similar development approval. IN WITNESS WHEREOF, the parties hereunto have executed this Agreement as of the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS CK�II1i;M_M'/11JMY�J�I�1 4 12177569.5 WITNESSES: LOVE'S TRAVEL STOPS & COUNTRY STORES, INC., an Oklahoma Corporation By: Print Name: Title: 1217756M EXHIBIT "A" LEGAL DESCRIPTION A PORTION OF THE SOUTHWEST ONE -QUARTER OF SECTION 12. TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12, THENCE NORTH 89°40'32" EAST, ALONG THE SOUTH LINE OF SAID SECTION 12, A DISTANCE OF 40.00 FEET; THENCE NORTH 00*13'52" WEST, ALONG A LINE 40.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID SECTION 12 AND THE EXISTING EAST RIGHT-OF-WAY OF KINGS HIGHWAY, A DISTANCE OF 1476.04 FEET TO THE POINT OF BEGINNING, THENCE CONTINUE NORTH 00-13-52" WEST, ALONG THE LAST DESCRIBED COURSE, A DISTANCE OF 928.40 FEET; THENCE ALONG THE SOUTH LINE OF THE PARCELS DESCRIBED IN OFFICIAL RECORDS BOOK 240, PAGE 2529, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. THE FOLLOWING SIX (6) COURSES: NORTH 89°39'16" EAST, A DISTANCE OF 200.00 FEET; THENCE NORTH 00°13'22" WEST, A DISTANCE OF 133.00 FEET; THENCE NORTH 89°38'46" EAST, A DISTANCE OF 56.61 FEET; THENCE SOUTH 67°09'32" EAST, A DISTANCE OF 177.67 FEET; THENCE SOUTH 59°02'47" EAST, A DISTANCE OF 165.29 FEET; THENCE SOUTH 48°36'20" EAST, A DISTANCE OF 1374.64 FEET THENCE SOUTH 90°00'00" WEST, A DISTANCE OF 1589.04 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN ST. LUCIE COUNTY, FLORIDA, AND CONTAIN 23.316 ACRES, MORE OR LESS. 12177569.5 EXHIBIT `B' CALCULATION OF CREDIT Parcel ID #2312-313-0020-000-1 Land Value 2011: $1,803,631.00 x 1.20%= $2,164,357.20 Parcel Acreage: 23.316 (based on survey) = 1,015,641.7914 Square Feet Square Foot Value: $2,164,357.20 - 1,015,641.7914 = $2.131 per SF Right of way Donation: 1.012 ac = 44,082.5825 Square Feet Value of Right of Way Donation: 44,082.5825 SF x $2.131 = $93,938.96 Total Land Value: $93,938.96 Additional costs related to donation: Survey 867.75 Environmental audit 6,100.00 Title 700.00 Engineering facilitation 8,640.00 Total additional costs for land donation $16,307.75 Total road impact fee credit: 5110.246.71 7 12177569.5 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY FILE N 3764690 OR BOOK 3448 PAGE 2892, Recorded 11/01/2012 at 09:50 AM Doc Tax: $0.70 O1- .0 -06/93 j D This no rument prepar d ar el o. under th direction of It /Se e Lauric C. Mayes, e S tion Sketch Leg sec pti anag ng Dietr t, Prepared S,R, Carnahan -Proctor -Cross, Inc. County: Document prepared by: Grace K. Abel (09-17-12) Department of Transportation 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 1D1RRAX= DEED _ THIS WARRANTY DEED Made the {� day of . .. and ^grantee i eludee-all th pa ti legal repre en atives an a ei a of , and assign o organiz ti ae), r— N/A 9409003-2 0 04 713 St. Lucie of $1.00 oth valuabl on eratio� secs-i� and suf`t3c ens being hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in St. Lucie County, Florida, viz: (See attached Description and Sketch) TOGETHER with all tenements, hereditamenta and appurtenances thereto belonging or in anywise appertaining. TO HAYS nN�HOLD, the sane in £e erever grant r e lawfuliy�a ze of said la d in fe has g d right and law ul authorit t ael a the g an or hereby ful y arrante t e itl to defen t o same again s t o lawful cl ime f and that aid lan" ee of all en mbra ce: IN WITNESS WHEREOF, the grantor has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized, the day and year first above written. OR BOOK 3448 PAGE 2893 ATTES'. Print Signed, sealed and delivered in the presence of: (Two witnesses or Corporate Seal required by Florida Law) (Corporate Seal) COUNTY OF GT IZ oy\atio'v..a The foregoing instrument was ackn wledged before me this L_ day of C5.t..", r- , 201;L , by -tre Pca,.A.— 1. of LOVE'S TRAVEL STOP & COUNTRY STORES, INC. an Oklahoma corporation, on behalf of the Corporation, who is personally known to me or who has produced as identification. OR BOOK 3448 PAGE 2894 %�►�\ CARNAHAN • PROCTOR• CROSS, INC J��7J CERTIFICATE OF AUTHORIZATION NO. LB 2936 6101 WEST ATLANTIC BLVD., SURE 201, MARGATE, FL M093 PHONE(954)972-3959 FAX(954)972d17B WESSITE: wwx.camshen-procla.can DESCRIPTION AND SKETCH A PORTI0IV-OE_THES6UTHWEST'-C UA/iTER 00IS€CT1O",, TOWNSHIP`3550{XH;-P�,4NGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12 THENCE NORTH 89"40'32" EAST, ALONG THE SOUTH LINE OF SAID SECTION 12, A DISTANCE OF 40.00 FEET; THENCE NORTH 00013,52" WEST, ALONG A LINE 40.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID SECTION 12, A DISTANCE OF 1476.04 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00"13'52" WEST, A DISTANCE OF 928.40 FEET; THENCE NORTH 89°39'16" EAST, A DISTANCE OF 47.50 FEET; THENCE SOUTH 00'13'52" EAST ALONG A LINE 87,60 FEET EAST OF AND PARALLEL WITH SAID WEST LINE OF SECTION 12, A DISTANCE OF 928.69 FEET; THENCE SOUTH 90"00'00' WEST, A DISTANCE OF 47.50 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN ST. LUCIE CO TY, FLORIDA, AND CONTAIN 1.012 ACRES, MORE OR LESS. D .0 NOTES 1. THIS SUR 2. THI W 3. T R G 4. T IS OR REPRODUCED IN ARC LENCENIEEFILTH PG, AGE CA 'POINTOFBEGINNVN6 D - DELTA (CENTRAL ANGLE) P.O.C. = POINT OF COMMENCEMENT F.D.O.T, - FLORIDA DEPARTMENT OF TRANSPORTATION P.O.T. = POINT OF TERMINATION O.R.S. = OFFICIAL RECORDS BOOK SURVEYORS CERTIFICATION I HEREBY CERTIFY THAT THE DESCRIPTION AND SKETCH SHOWN HEREON COMPLIES W ITH MINIMUM ' . TECHNICAL STANDARDS FOR SURVE' AS CONTAINED IN CHAPTER 6J17.6, FLORIDA6` ADMINISTRATIVE CODE, PURSUPNT TO �EC ION 472.02], FLORIDA STATUTES, AND THAT SAID DESCRIPTION AND SKETCH IS TRUE AND CDMECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. LANDON M. CROSS SURVEYOR AND MAPPER DATE OF LAST FIELD SURVEY: NOTASURVEY P.`yroJeCSVJ4051Bb aVepalsVows addl tov-Imc.dac OR HOOK 3448 PAGE 2895 W. 1 4 CORNER N SECTION 12-35-39 N. NNE SW 15 4 SECTION T2-]-]9 - _- -..._ .�� .. _ _ _- _ _ _ _- _-_---_- _-_- - --- - � ORANGE AVENUE (STATE ROAD 68) I I I 489' D 87.50 m �i 40' I M_ �I I a i/4 SEC i -J5-J9 w Y 4O K I a1 I p Q i I I I I 13 i D P.O.C. h SW CORNER : S. NNE SECTION 12-35-39 'W SECTIOR 12-35-39 N89'40'32•E 40.0V REVISIONS DATE [IY CK'0 JOB NO. 0405168 DWO. BY: CiW SCALE: i" . 120' LOVE'S ADO'L R/W LOVE'S TRAVEL STOPS CH'O BY; OCW DATE; 05-02-11 SHEET 2 OF 2 SHEETS JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE W 3668931 OV2P2012 0102:52 PM OR BOOK 3358 PAGE 1499. 1503 Doc Type: ORD RECORDING. $4400 1 PDS NO. 12-008 2 File No. MNSP 1220104201 3 4 AN ORDER GRANTING APPROVAL FOR A 5 MINOR SITE PLAN TO BE KNOWN AS LOVE'S 6 TRAVEL STOP 7 8 WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed 9 the application for Minor Site Plan approval submitted by Love's Travel Stop, and the comments 10 of the St. Lucie County Development Review Committee on this application and made the 11 following determinations: 12 13 1. Love's Travel Stop consists of a 2,854 s.f. fast food restaurant, 6,358 s.f. convenience 14 store, 16 auto fueling stations and a 1,200 s.f, tire barn on 23.3 acres of property in the 15 IL (Industrial Light) Zoning District, located south of Orange Avenue and east of Kings 16 Highway in St. Lucie County, Florida as described in Part B below. 17 18 2. The Development Review Committee has reviewed the site plan for the proposed project 19 and found it to meet technical requirements of the St. Lucie County Land Development 20 Code and to be consistent with the St. Lucie County Comprehensive Pan. 21 22 3. The project will not have an undue adverse effect on adjacent property, the character of 23 the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting 24 the public health, safety, and general welfare. 25 26 4. All reasonable steps have been taken to minimize any adverse effect of the proposed 27 project on the immediate vicinity through building design, site design, landscaping, and 28 screening. 29 30 5. The project will be constructed, arranged, and operated so as not to interfere with the 31 development and use of neighboring property, in accordance with St. Lucie County Land 32 Development Code requirements. 33 34 6. The project is to be served by Fort Pierce Utilities Authority water and wastewater 35 services. 36 37 7. The applicant has applied for and received a Certificate of Capacity, a copy which is 38 attached to this order as Exhibit A, as required under Chapter V, St. Lucie County Land 39 Development Code. 40 41 NOW, THEREFORE, BE IT ORDERED: 42 43 A. Pursuant to Section 11.02.03 of the St. Lucie County Land Development Code, the 44 Minor Site Plan known as Love's Travel Stop is hereby approved as shown on the site Flle No.: MNSP 1220104201 PDS Order No, 12-008 January 20, 2012 Page 1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 plan drawings for the project prepared by Gentile Holloway O'Mahoney and Associates, Inc., dated January 17, 2012 and date stamped received by the St. Lucie County Planning and Development Services Department on January 18, 2012, subject to the following conditions: 1. Prior to the issuance of any building permit, the applicant shall obtain the required permits and execute any applicable water and wastewater utility agreements with Fort Pierce Utilities Authority. 2. Within 90 days of receiving site plan approval, the applicant shall convey the required right-of-way width of 47.50 feet to St. Lucie County and/or FDOT. The developer may be entitled to road impact fee credits equal to value of the donated right-of-way as specified with Chapter 7.05.03(I)(3) of the St. Lucie County Land Development Code. 3. Copies of any required federal and state permits and approvals, if applicable to development, shall be provided to the Environmental Resources Department prior to issuance of a Vegetation Removal Permit or Exemption. If federal or state agency compliance requires modification to the development plans, the applicant will modify the plans and submit to St. Lucie County for review and approval. The County's development approval process or requirements shall not be used to prevent compliance with any federal or state agency requirements. 4. Industry standards for proper tree relocation shall be utilized, including root pruning, temporary irrigation, etc. If improper relocation methods result in the death of any tree proposed for relocation, mitigation at a ratio of 4:1 shall be required. B. The property on which this Minor Site Plan approval is being granted is described as follows: A PORTION OF THE SOUTHWEST ONE -QUARTER OF SECTION 12, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE SPECIFICALLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12, THENCE NORTH 89 DEGREES 40 MINUTES AND 32 SECONDS EAST, ALONG THE SOUTH LINE OF SAID SECTION 12, A DISTANCE OF 40.00 FEET, THENCE NORTH 00 DEGREES 13 MINUTES 52 SECONDS WEST, ALONG A LINE 40.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OD SAID SECTION 12 AND THE EXISTING EAST RIGHT-OF-WAY OF KINGS HIGHWAY, A DISTANCE OF 1476.04 FEET TO THE POINT OF BEGINNING, THENCE CONTINUE NORTH 00 DEGREES 13 MINUTES 52 SECONDS WEST, ALONG THE LAST DESCRIBED COURSE, A DISTANCE OF 928.40 FEET; THENCE ALONG THE SOUTH LINE OF THE PARCELS DESCRIBED IN OFFICIAL RECORDS BOOK 240, PAGE 2529, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, THE FOLLOWING SIX (6) COURSES: NORTH 89 DEGREES 39 MINUTES 16 SECONDS EAST, A DISTANCE OF 200.00 FEET; THENCE NORTH 00 DEGREES 13 MINUTES 22 SECONDS WEST A File No.: MNSP 12201D4201 January 20, 2012 PDS Order No, 12-008 Page 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DISTANCE OF 133.00; THENCE NORTH 89 DEGREES 38 MINUTES 46 SECONDS EAST, A DISTANCE OF 58.61 FEET; THENCE SOUTH 67 DEGREES 09 MINUTES 32 SECONDS EAST, A DISTANCE OF 177.67 FEET; THENCE SOUTH 59 DEGREES 02 MINUTES 47 SECONDS EAST, A DISTANCE OF 165.29FEET; THENCE SOUTH 48 DEGREES 36 MINUTES 20 SECONDS EAST, A DISTANCE OF 1374.64 FEET; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 1589.04 FEET TO THE POINT OF BEGINNING. PARCEL ID# 2312-313-0020-0001 C. The approvals granted by this administrative order shall expire January 20, 2013, unless an extension is granted in accordance with the provisions of Section 11.02.06 of the St. Lucie County Land Development Code. D. The Final Site Plan approval granted under this Order is specifically conditioned to the requirement that the property owners, successors and assigns in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities including, but not limited to, the United States Army Corps of Engineers, the Florida Department of Environmental Protection, North St. Lucie Water Control District and the South Florida Water Management District, prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Part A. E. This Order shall become effective upon the date of approval indicated below. Should the property owner, developer or authorized agent wish to appeal any condition described in Part A above, all such appeals must be filed in writing with the County Administrator within 30 days of the rendering of this Order, as described in Section 11.02.03(B), St. Lucie County Land Development Code. Should an appeal to this Order be filed, no permitting reviews or further administrative action shall take place on the processing of this development project until the appeal is resolved. F. A copy of this Order shall be attached to the site plan drawings described in Part A, which plan shall be placed on file with the St. Lucie County Planning and Development Services Director and mailed, return receipt requested, to the developer and agent of record as identified on the site plan application. G. The conditions set forth in Part A are an integral nonseverable part of the site plan approval granted by this Order. If any condition set forth is Section A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this order shall become null and void. H. The Certificate of Capacity, attached as Exhibit A, shall be valid for the same period as this order. If this order expires or otherwise terminates, the Certificate of Capacity shall automatically terminate. This order shall be recorded in the Public Records of St. Lucie County. File No.: MNSP 1220104201 January 20, 2012 PDS Order No. 12.008 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ORDER effective the 20'^ day of January, 2012. File No.: MNSP 1220104201 January 20, 2012 PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY ;� zl� Mark Satteflee, AICP APPROVED AS TO FORM AND CORRECTNESS: m PDS Order No. 12-OOB Page 4 EXHIBIT" A" 2300 Virginia Avenue ' 34982 CERTIFICATE OF CAPACITY Ft. Pierce, Date: 1/13/2012 Certificate No. 2887 (This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: 1. Type of development Minor Site Plan Number of units 2 Number of square feet 10412 2. Property legal description & Tax ID no. 231231300200001 South of Orange Avenue, east of Kings Highway Love's Travel Stop 3, Approval: Building Permit Resolution No. 4. Subject to the following conditions for concurrency: Owner's name Love's Travel Stop Address Letter 10001 N. Pennsylvania Ave Oklahoma City OK 73120 6. Certificate Expiration Date The certificate of capacity shall be valid for the same period of time as the Development Order. Section 5.08.04(B), St. Lucie County Land Development Code. This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent development order(s) issued for the same property, use and size as described herein. St Lucie County, Florida Signed Signed Friday, January 13, 2012 Page 1 of 2 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3751371 09/27/2012 at 01:26 PM OR BOOK 3436 PAGE 254. 257 Doc Type: ORD RECORDING: $35.50 1 PDS 12-032 2 SPMN 620124449 3 4 AN ORDER GRANTING APPROVAL FOR A MINOR 5 ADJUSTMENT TO A MINOR SITE PLAN KNOWN AS 6 LOVE'S TRAVEL STOP. 7 8 WHEREAS, the St. Lucie County Planning and Development Services Director has 9 reviewed the request for a site plan adjustment submitted by Love's Travel Stop and 10 made the following determinations. 11 12 1. Love's Travel Stop requested a Minor Adjustment to a Minor Site Plan to 13 increase the convenience/retail store 790 square feet, eliminate seven truck 14 parking spaces, revise the wet and dry retention areas, reconfigure the tire 15 barn, reduce the size of the lift station, and modify the vehicular 16 ingress/egress. The subject 23.3 acre property is zoned IL (Industrial, Light) 17 and is located south of Orange Avenue and east of Kings Highway as 18 described in Part B below. 19 20 2. Love's Travel Stop received Minor Site Plan approval via PDS Order No. 12- 21 008 on January 20, 2012. 22 23 3. The Development Review Committee reviewed the Minor Adjustment and 24 found it to meet the technical requirements of the St. Luce County Land 25 Development Code and to be consistent with the St. Lucie County 26 Comprehensive Plan. 27 28 4. The Minor Adjustment is consistent with the general purpose, goals, 29 objectives, and standards of the St. Lucie County Comprehensive Plan and 30 the St. Lucie County Land Development Code. 31 32 5. The site plan adjustment will not have an undue adverse effect on adjacent 33 property, the character of the neighborhood, traffic conditions, parking, utility 34 facilities, or other matters affecting the public health, safety and general 35 welfare. 36 37 NOW, THEREFORE, BE IT ORDERED: 38 39 A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development 40 Code, the Minor Adjustment to Minor Site Plan for Love's Travel Stop is 41 hereby approved as shown on the plan drawings for the project prepared by 42 Gentile Holloway O'Mahoney and Associates, Inc. dated May 31, 2012 and 43 date stamped received by the St. Lucie County Planning and Development File Number: 620124449 PDS Order 12-032 September 21, 2012 Page 1 .1 Services Department on September 12, 2012 on the property described in 2 Part B, subject to the following conditions: 3 4 1. Previous conditions # 1 and #2 contained in Resolution No. 12-008 5 shall continue to remain in full force and effect. 6 7 2. The County's issuance of development approval does not constitute 8 compliance with any federal and state requirements. Applicable, 9 federal and state permits/approvals are required prior to the 10 commencement of any development activity (i.e. clearing, grading, 11 removing structures, etc.). The responsibility for contacting federal and 12 state agencies, procuring permits/approvals and compliance with 13 applicable laws are the sole responsibility of the applicant. 14 15 3. Per Florida Statute 125.022, the issuance of development approval 16 does not create any liability on the part of the county if the applicant 17 fails to obtain requisite approvals or fulfill the obligations imposed by a 18 state or federal agency or undertakes actions that result in a violation 19 of state or federal law. 20 21 4. Copies of all applicable state or federal permits/written approvals are 22 required by the County prior to issuance of a Vegetation Removal 23 Permit and any development activity. 24 25 5. Industry standards for proper tree relocation shall be utilized including 26 root pruning, temporary irrigation, etc. All tree relocation shall be 27 performed consistent with the approved Tree Relocation Plan. If 28 improper relocation methods result in the death of any tree proposed 29 for relocation, mitigation at a ratio of 4:1 shall be required. 30 31 B. The property on which the Minor Adjustment to a Minor Site Plan approval is 32 being granted is described as follows: 33 34 A PORTION OF THE SOUTHWEST ONE -QUARTER OF SECTION 12, 35 TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, 36 BEING MORE SPECIFICALLY DESCRIBED AS FOLLOWS: 37 38 COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12, 39 THENCE NORTH 89 DEGREES 40 MINUTES AND 32 SECONDS EAST, 40 ALONG THE SOUTH LINE OF SAID SECTION 12, A DISTANCE OF 40.00 41 FEET, THENCE NORTH 00 DEGREES 13 MINUTES 52 SECONDS WEST, 42 ALONG A LINE 40.00 FEET EAST OF AND PARALLEL WITH THE WEST 43 LINE OF SAID SECTION 12 AND THE EXISTING EAST RIGHT-OF-WAY File Number: 620124449 PDS Order 12-032 September 21, 2012 Page 2 •1 LINE OF KINGS HIGHWAY, 'A DISTANCE OF 1476.04 FEET TO THE 2 POINT OF BEGINNING, THENCE CONTINUE NORTH 00 DEGREES 13 3 MINUTES 52 SECONDS WEST, ALONG THE EAST DESCRIBED COURSE, 4 A DISTANCE OF 928.40 FEET; THENCE ALONG THE SOUTH LINE OF 5 THE PARCELS DESCRIBED IN OFFICIAL RECORDS BOOK 240, PAGE 6 2529, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, THE 7 FOLLOWING SIX (6) COURSES: NORTH 89 DEGREES 39 MINUTES 16 8 SECONDS EAST, A DISTANCE OF 200.00 FEET; THENCE NORTH 00 9 DEGREES 13 MINUTES 22 SECONDS WEST A DISTANCE OF 133.00 10 FEET; THENCE NORTH 89 DEGREES 38 MINUTES 46 SEONDS EAST, A 11 DISTANCE OF 58.61 FEET; THENCE SOUTH 67 DEGREES 09 MINUTES 12 32 SECONDS EAST, A DISTANCE OF 177.67 FEET; THENCE SOUTH 59 13 DEGREES 02 MINUTES 47 SECONDS EAST, A DISTANCE OF 165.29 14 FEET; THENCE SOUTH 48 DEGREES 36 MINUTES 20 SECONDS EAST, A 15 DISTANCE OF 1374.64 FEET; THENCE SOUTH 90 DEGREES 00 16 MINUTES 00 SECONDS WEST, A DISTANCE OF 1589.04 FEET TO THE 17 POINT OF BEGINNING. 18 19 PARCEL ID# 2312-313-0020-0001 20 21 C. The approvals granted by this administrative order shall expire on September 22 21, 2014, unless an extension is granted in accordance with the provisions of 23 Section 11.02.06 of the St. Lucie Land Development Code, 24 25 D. The Minor Adjustment approval granted under this administrative order is 26 specifically conditioned to the requirement that the petitioner, Love's Travel 27 Stop, including any successors in interest, shall obtain all necessary 28 development permits and construction authorizations from the appropriate 29 State and Federal regulatory authorities including, but not limited to, the 30 United States Army Corps of Engineers, the Florida Department of 31 Environmental Protection, and South Florida Water Management District, 32 prior to the issuance of any local building permits of authorizations to 33 commence development activities on the property described in Part B. 34 35 36 37 38 39 40 41 42 43 File Number: 620124449 PDS Order 12-032 September 21, 2012 Page 3 -1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 E. This order shall be recorded in the Public Records of St. Lucie County. ORDER effective the 2151 day of September, 2012. PLANNING AND DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY Mark Satter e, P APPROVED AS TO FORM AND CORRECTNESS m File Number: 620124449 PDS Order 12-032 September 21, 2012 Page 4 TO: BOARD OF COUNTY SUBMITTED BY(DEPT): SUBJECT: BACKGROUND: AGENDA REQUEST County Attorney ITEM NO. VI-B.15 DATE: March 19, 2013 REGULAR[x] PUBLIC HEARING [ ] CONSENT[] PRESENTED BY: Daniel S. McIntyre County Attorney House Bill 355/Senate Bill 756 Related to the Department of Transportation - Shared Broadband Networks See attached memo no.13-0383, RECOMMENDATION: Staff recommends that the Board grant permission for the Chairman to sign the attached Letters of Support for both the House and Senate Version of this bill. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [) DENIED [ ] OTHER: Faye W. Outlaw, MPA County Administrator, ICMA-CM Review and Approvals [X] County Attorney: /� [X] Public Safety DirectQ"4�&�" Daniel S. McIntyre ack Southard INTER -OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO: 13-0383 DATE: March 19, 2013 SUBJECT: House Bill3SS/Senate Bill 7S6 Relatedtothe Department of Transportation -Shared Broadband Networks Representative Gayle Harrell and Senator Denise Grimsley have filed HB 355/SB 756, requiring the Florida Department of Transportation to adopt rules governing use of the department's unused capacity in the communication networksfor non -transportation purpose, in accordance with U.S.C. Title 23, Section 1.23(c) and the most recent policy guidelines released by the FHA. Broadband networks are an essential resource for public sector organizations and programs and provide critical support for public safety, government operations and education. This is an important statewide issue given the vast inventory of ITS fiber networks installed In cities and counties throughout Florida. Shared uses of government networks will foster innovation, enabling public entities to do their work more effectively for the benefit ofthe communityas a whole while reducing telecommunication costs. RECOMMENDATION/CONCLUSION: Staff recommends that the Board grant permission for the Chairman to sign the attached Letters of Support for both the House and Senate Version of this bill. Respectfully submitted, DSM/cb V /- Attachment Daniel S. County F UTILIZING" UNUSE'U CAPACITY IN THE FLORiDA, DEPARTMENT OF'TRANSPORTATION`S COMMUNICATION NETWORKS FOR THE PUBLIC=GOOD Representative Gayle Harrell and Senator Denise Grimsley have filed HB 355/SB 756, requiring the Florida Department of Transportation (FDOT) to adopt rules governing use of the department's unused capacity in the communication networks for non -transportation purpose, in accordance with U.S.C. Title 23, Section 1.23 (c) and the most recently policy guidelines released by the FHA. BACKGROUND The Intelligent Traffic System (ITS) Network is comprised of two separate components: 1) the "Statewide ITS Wide Area Network (WAN)" managed by the FDOT is the fiber backbone along major corridors (interstate highways and Florida Turnpike and 2) the local ITS fiber and equipment managed by City/County Traffic Engineering Departments — this portion of the ITS network is installed along the local secondary roads. For several years, the South Florida Shared Fiber Initiative has attempted to more fully utilize ITS fiber to expand the reach of local government's networks. Efforts were previously thwarted by FDOT's previous interpretation that current law prohibits non -transportation related uses of the ITS network, which has since been revisited. BENEFITS • Broadband networks are an essential resource for public sector organizations and programs and provide critical support for public safety, government operations and education. • The United States lags far behind most developed countries in broadband network deployment. • Access to unused capacity, on a statewide level, represents a dramatic opportunity to fully utilize critical infrastructure (already paid for by primarily federal dollars) at great taxpayer relief, while at the same time presenting an opportunity for FDOT to potentially gain access to local fiber optic networks, increasing efficiency. • The Florida Association of Counties, Florida League of Cities and other local governments, such as Martin and Palm Beach counties, strongly support this legislation. • Access to the available network capacity on a statewide level would save the taxpayers millions. • Shared uses of government networks will foster innovation, enabling community -serving entities to do their work more effectively for the benefit of the community as a whole while reducing telecommunication costs. BOARD OF COUNTY COMMISSIONERS March 19, 2013 Honorable Daniel Davis, Chair House Transportation & Highway Safety Subcommittee 402 S. Monroe Street Tallahassee, FL 32399-1300 Dear Representative Davis: TOD MOWERY COMMISSIONER On behalf of the Board of County Commissioners of St. Lucie County, Florida, I would like to express our support of HB 355 by Representative Gayle Harrell, requiring the Florida Department of Transportation (FDOT) to adopt rules governing use of the department's unused capacity in the communication networks for non -transportation purpose, in accordance with U.S.C. Title 23, Section 1.23 (c) and the most recently policy guidelines released by the FHA. Broadband networks are an essential resource for public sector organizations and programs and provide critical support for public safety, government operations and education. The United States lags far behind most first world countries in broadband network deployment. This is an important statewide issue given the vast inventory of ITS fiber networks installed in cities and counties throughout Florida. Access to unused capacity, on a statewide level, represents a dramatic opportunity to fully utilize critical infrastructure (already paid for by primarily federal dollars) at great taxpayer relief, while at the same time presenting an opportunity for FDOT to potentially gain access to local fiber optic networks, increasing efficiency. Shared uses of government networks will foster innovation, enabling public entities to do their work more effectively for the benefit of the community as a whole while reducing telecommunication costs. We join other local governments in supporting this legislation and the millions it will save the taxpayers of the State of Florida and our residents. We respectfully request that you place this Item on the agenda of the Transportation & Highway Safety Subcommittee and support this legislation. Sincerely, Tod Mowery Chairman CHRIS DZADOV5KY, Dlsuicr No. 1 • TOD MOWERY, DiStrIct No. 2 • PAULA A. LEWIS. District No, a • FRANNIE HUTCHINSON, District No. 4 • KIM JOHNSON, District No. 5 County Administrator - Faye W. Outlow, MPA 2300 Virginia Avenue • Ft. Pierce, FL 34982-5652 • Phone (772) 462-1441 FAX (772) 462-1440 • TOD (772) 462-1428 BOARD OF COUNTY COMMISSIONERS March 19, 2013 Honorable Jeff Brandies, Chair Senate Transportation Committee 404 South Monroe Street Tallahassee, FL 32399-1100 Dear Senator Brandes: TOD MOWERY COMMISSIONER On behalf of the Board of County Commissioners of St. Lucie County, Florida, I would like to express our support of SB 756 by Senator Denise Grimsley, requiring the Florida Department of Transportation (FDOT) to adopt rules governing use of the department's unused capacity in the communication networks for non -transportation purpose, in accordance with U.S.C, Title 23, Section 1.23 (c) and the most recently policy guidelines released by the FHA. Broadband networks are an essential resource for public sector organizations and programs and provide critical support for public safety, government operations and education. The United States lags far behind most first world countries in broadband network deployment. This is an important statewide issue given the vast inventory of ITS fiber networks installed in cities and counties throughout Florida. Access to unused capacity, on a statewide level, represents a dramatic opportunity to fully utilize critical infrastructure (already paid for by primarily federal dollars) at great taxpayer relief, while at the same time presenting an opportunity for FDOT to potentially gain access to local fiber optic networks, increasing efficiency. Shared uses of government networks will foster innovation, enabling public entities to do their work more effectively for the benefit of the community as a whole while reducing telecommunication costs. We Join other local governments in supporting this legislation and the millions it will save the taxpayers of the State of Florida and our residents. We respectfully request that you place this item on the agenda of the Transportation Committee and support this legislation. Sincerely, Tod Mowery Chairman CHR15 DZA0OV5KY, District No. 1 • TOD MOWERY, District No. 2 • PAULA A. LEWIS, District No. 9 • FRANNIE HUrCHIN5ON, District No. 4 • KIM JOHNSON. District No. 5 County Administrator - Faye W. Outlow, MPA 2300 Virginio Avenue • Ft. Pierce, FL 34982-5652 • Phone (772) 462-1441 FAX (772) 462-1440 • TOD (772) 462-1428 TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: ( ) APPROVED ( ) OTHER County Attorney ( x ) AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Parks, Recreation & Facilities Inmate Labor Contract See attached memorandum. ITEM NO. DATE: VI-Cl 3-19-13 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) PRESENTED BY: ^ Mark DiMascio Division Manager 001-7210-534300-700 Regional Parks & Stadiums 190-7210-534300-75201 Digital Domain Park 001-7215-534300-700 Parks & Special Facilities 001-7215-534300-7220 Savannas 001-7511-534300-7420 Fairgrounds 001-7511-534300-7510 Havert L. Fenn Center See attached memorandum Board approval of the Florida Department of Corrections Inmate Labor contract as outlined in the agenda memorandum and authorization for the Chairman to sign the documents as approved by the County Attorney. ( ) DENIED Coordination/S is natures Daniel McIntyre Faye W. Outlaw, MPA County Administrator, ICMA-CM OMB Director Budget Analyst (x ) Originating Dept. ( x) S r44 Parks & Recreation (x) Edward R. Matthews le --- Marie Gouin Patty Marston Mark DiMascio Parks, Recreation and Facilities Parks and Special Facilities MEMORANDUM TO: Board of County Commissioners THROUGH: Edward R. Matthews, Director FROM: Mark DiMascio, Division Manager DATE: March 19, 2013 SUBJECT: Inmate Labor Contract ITEM NO. VI-Cl Backaround: ' In 2005, 2007, 2009, and 2011 the Board entered into contracts with the Florida Department of Correction (FDOC) to provide an inmate work squad to assist the Parks and Recreation Department with maintenance. Each contract provided for an additional one (1) year renewal which the Board subsequently approved. The current 2012 contract expires on June 29, 2013 and staff is requesting to enter into a new contract in the amount of $58,004, which is unchanged from the last contract. If approved, the contract will extend through June 29, 2014. These funds are available in the department budget. This program has proven to play a vital role in the Parks and Recreation Department's ability to maintain the County's assets by providing over 7,500 man-hours of service. The work squad is utilized on a rotating schedule at department parks, Havert L. Fenn Center, the SLC Fairgrounds, Tradition Field, and the Savannas Recreation Area. In addition to maintaining restrooms, picking up trash and mowing, the squad also assists in event set ups and other projects as needed. Under the contract, the County responsibilities are • Provide a schedule of work. • Obtain any licenses or permits, as required, for work to be performed by the inmate work squad. • Provide transportation (van), including fuel and vehicle maintenance, for the work squad. • Provide enclosed trailer and other equipment as needed for work to be performed by the inmate crew. • Provide communication equipment (cell phone). • Retain ownership of vehicle and equipment. The Florida Department of Corrections responsibilities are: • Provide one (1) Correctional Work Squad Officer. • Provide up to five (5) inmates. • Keep physical custody of the vehicle, trailer and tools, for security reasons. • To the maximum extent possible, maintain stability in the inmate work squad in order to maximize the effectiveness of the inmate squad. • Provide food and drinks for inmates' lunches. • Administer disciplinary action according to FDOC policies and procedures. • Provide medical treatment for ill or injured inmates. • Provide inmates with all personal items of clothing appropriate for the season of the year. • Drive to and from the work site(s). Previous Action: February 22, 2005 — Board approval of contract with FDOC. January 23, 2007 — Board approval of contract with FDOC. May 11, 2009 — Board Approval of contract # C09-06-156 with FDOC. April 30, 2010 — Board Approval of renewal of contract # C09-06-156 with FDOC. May 3, 2011 — Board Approval of contract # C11-05-146 with FDOC. April 3, 2012 — Board Approval of renewal of contract #C11-05-146 with FDOC. Recommendation: Board approval of Florida Department of Corrections Inmate Labor contract as outlined in this agenda memorandum and authorization for the Chairman to sign the documents as approved by the County Attorney. TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: COMMISSION ACTION: BOARD OF COUNTY Parks, Recreation, & Facilities: Facilities Division ITEM NO. VI-C2 DATE: 03/19/13 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) PRESENTED BY: Don McLam Facilities Coordinator Award RFQ No. 13-004 for the cleaning of environmental air systems and equipment See attached memorandum 001009-1931-546200-1527, General One Time Funding November 4, 2012 — Request for qualifications advertised December 5, 2012 — Qualifications due Board approval to award RFQ No. 13-004 to sole proposer, Pure Air Control Services, Inc. as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. ( ) APPROVED ( ) DENIED ( ) OTHER CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures a County Attorney (x) a/ F• OMB Director (x) <0 �t l Dan McIntyre Budget Analyst Marie Gouin Robert O'Sullivan Originating Dept. (x)/-��__ Edward Matthews (Name) Parks, Recreation & Facilities MEMORANDUM TO: Board of County Commissioners THROUGH: Edward R. Matthews, Directors FROM: Roger A. Shinn, Facilities Manage DATE: March 19, 2013 SUBJECT: Award RFQ No.13-004 for the cleaning of environmental air systems and equipment ITEM NO. VI-C2 Backaround: Requests for qualifications went out November 4, 2012 for RFQ No.13-004 for the pre -qualification of contractors for the cleaning of environmental air systems and equipment. We enlisted the engineering firm of Sims, Wilkerson and Cartier, Inc. as project consultants to put together the criteria for our bid package. The bid package contained a general scope of work for the project that includes cleaning and sanitizing air devices, adjacent surfaces and the interior of ductwork in various facilities throughout the County. Bids were due December 5, 2012. Utilizing Demandstar.com, 301 service companies were notified, 13 bid copies were distributed and one bid was received (Attachment 1). Our sole response was from Pure Air Control Services, Inc. Our consulting engineer reviewed the submittal and advised staff that the contractor's response signified a high level of qualification for the intended scope of work and recommended acceptance. Prevailing wage laws (Davis -Bacon Act) which standardizes hourly wages for federally funded projects do not apply to this project. Recommendation: Board approval to award RFQ No. 13-004 for the cleaning of environmental air systems and equipment to Pure Air Control Services, Inc. and authorize the Chairman to sign the documents as approved by the County Attorney. BOARD OF COUNTY COMMISSIONERS TABULATION SHEET — RFQ# 13-004 PURCHASING DEPARTMENT PRE -QUALIFICATION OF CONTRACTORS FOR THE CLEANING OF ENVIRONMENTAL AIR SYSTEMS AND EQUIPMENT OPENED: DECEMBER 05, 2012 AT 3:30 PM ONE (1) Submittal was received for subject proposal: PURE AIR CONTROL SERVICES INC. Contact: Alan Wozniak Phone: 727-572-4550 Fax: 727-572-5859 Address: 4911 Creekside Drive, Suite C, Clearwater, FL 33760 NUMBER OF COMPANIES NOTIFIED*: 309 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 13 NUMBER OF BIDS RECEIVED: 1 * - Per demandstar.com Don McLarn From: Bob Ettswold Sent: Thursday, February 07, 2013 11:23 AM To; Don McLam Cc: Roger A Shinn Subject: FW: SWC#12026: Pure Air Control Services Re: Bob Ettswold Don, this goes with the document from Pure air control. We have some construction administration money for SWC to meet with Pure Air Control, From: Gary Wilkerson [mailto"c: aw@swceng.com] Sent: Thursday, January 10, 2013 8:04 AM To: Bob Ettswold Subject: RE: SWC#12026: Pure Air Control Services Re: Bob Ettswold From: Gary Wilkerson Sent: Thursday, January 10, 2013 8:21 AM To: Bob Ettswold (ettswolds�stluclgco,org) Subject: SWC#12026: Pure Air Control Services Re: Bob Ettswold Bob, I think this submittal is very responsive and indicates a high level of qualification for the intended scope of work. We recommend acceptance. Thanks, Sims Wilkerson Cartier Engineering, Inc. 12124 High Tech Avenue, Suite 200 Orlando, Florida 32817 (407)380-0400 www.SWCene.com From: Doris Pelton mail to: peltond@tistlucieco ora] Sent: Tuesday, January 08, 2013 10:19 AM To: Gary Wilkerson Subject: Pure Air Control Services Re: Bob Ettswold Attached please find the RFQ from Pure Air Control from Bob Ettswold. Sorry the copy is large but, to prevent another lost mailer we are trying this route. Thanks Dons 1>6Lt:0o, Office Assistant Parks, Recreation and Facilities Phone: 772.462.1432 Fax: 772.462.1444 Email: peltond@stiucieco.org ITEM NO. VI-C3 DATE: 3/19/13 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Charlotte Bireleycv SUBMITTED BY: Parks, Recreation, Facilities/Tourism & Venues Tourism & Venues Manager SUBJECT: First Amendment to the Interlocal Agreement with the City of Fort Pierce for Installation and Maintenance of Kiosks at Boat Ramps BACKGROUND: See attached memorandum FUNDS AVAILABLE: 011449-5210-534000-500 PREVIOUS ACTION: March 6, 2012 —Approval of the Interlocal Agreement with the City of Fort Pierce for Installation and Maintenance of Kiosks at Boat Ramps RECOMMENDATION: Board approval of the First Amendment to the Interlocal Agreement with the City of Fort Pierce for Installation and Maintenance of Kiosks at Boat Ramps as prepared and approved by the County Attorney COMMISSION ACTION: ( ) APPROVED ( ) OTHER County Attorney (X) ( ) DENIED Coordination/Signatures Dan McIntyre Originating Dept. (x)-- Edward R. Matthews CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM OMB Director Budget Analyst Purchasing (k ) Marie Gouin Patty Marston Desiree Cimino Parks, Recreation, Facilities MEMORANDUM TO: Board of County Commissioners THROUGH: Edward R. Matthews, Director FROM: Charlotte Bireley, Manager 6? l/Y DATE: March 19, 2013 SUBJECT: First Amendment to the Interlocal Agreement with the City of Fort Pierce for Installation and Maintenance of Kiosks at Boat Ramps ITEM NO. VI-C3 Background: In March 2012, the County accepted the Florida Fish and Wildlife Conservation Commission's Florida Boating Improvement Grant. A component of the grant includes the purchase and installation of information kiosks at County and City -owned boat ramps. On March 6, 2012, the Board approved entering into an Interlocal Agreement with the City of Fort Pierce for the Installation and Maintenance of the Kiosks at their boat ramps. The original Interlocal Agreement with the City of Fort Pierce provided that the City would take ownership of the kiosks at the expiration of the grant on December 31, 2012. On December 3, 2012, the term of the Florida Boating Improvement Grant agreement was extended to June 30, 2013. As a result of the extension, the Interlocal Agreement with the City of Fort Pierce for the Installation and Maintenance of the Kiosks at Boat Ramps must be extended to reflect the extension of the Florida Boating Improvement Grant. Recommendation Board approval of the First Amendment to the Interlocal Agreement with the City of Fort Pierce for Installation and Maintenance for Kiosks at Boat Ramps as prepared and approved by the County Attorney. FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN ST. LUCIE COUNTY AND THE CITY OF FORT PIERCE FOR INSTALLATION AND MAINTENANCE OF KIOSKS AT BOAT RAMPS THIS FIRST AMENDMENT made and entered into this day of 2013, between the CITY OF FORT PIERCE, a Florida municipal corporation, hereinafter referredto as the "City" and ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County WHEREAS, the County received a Florida Boating Improvement Grantfrom the Florida Fish and Wildlife Conservation Commission; and WHEREAS, the County and the City entered into an Agreement on March 6, 2012 for the installation and maintenance of kiosks at Black Pearl Boat Ramp at Fisherman's Wharf, Jaycee Park and Riverwalk Boat Ramp; and WHEREAS, the Agreement provided that the City would take ownership of the kiosks at the expiration of the grant on December 31, 2012; and WHEREAS, the Grant has been extended to June 30, 2013; and WHEREAS, as a result of the extension of the Grant, the parties wish to extend the interlocal to June 30, 2013. NOW, THEREFORE, in consideration of the premises and of the terms, conditions and covenants herein contained, it is agreed by and between the parties hereto as follows: Paragraph 2 of the March 6, 2012 Interlocal Agreement is amended to read as follows: 2. CITY RESPONSIBILITIES: The City agrees to install the kiosks and will take ownership of the kiosks at the expiration of the grant on June 30, 2013. 2. Except as amended herein, the remaining terms and conditions of the March 6, 2012 Interlocal Agreement shall remain in full force and effect. 3. This First Amendment shall become effective when filed with the Clerkof the Circuit Court of St. Lucie County, Florida. 5:\ATTYXAGREEMNf\INTERLOC\FP-Kbsks-SA.wpd -1 IN WITNESS WHEREOF, the parties hereto have caused the execution hereof by their duly authorized officials on the dates stated below. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman Dated: APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney CITY OF FORT PIERCE, FLORIDA ATTEST: BY: City Clerk Mayor Dated APPROVED AS TO FORM AND CORRECTNESS: City Attorney S.\ATiY\AGREEMNT\INTERLOL\FP-KbsksIA.wpd -2- Florida Fish and Wildlife Conservation Commission December 31, 2012 Commissioners Charlotte Lombard Bireley, Manager Kenneth W. Wright Chairman Tourism and Venues Winter Parir St. Lucie County Board of County Commissioners Kathy Barco 2000 Virginia Avenue Vice chairman Jacksonville Fort Pierce, Florida 34982 Ronald M. Bergeron Fort Lauderdale RE: Contract No. 11155 Richard A. Corbett Florida Boating Improvement Program (FBIP) Grant Agreement Tampa St. Lucie Boating Education Aliese P. "Liesa" Priddy Immokalee Dear Ms. Bireley: Charles W. Roberts III Tallahassee Brian S. Yablonski Enclosed is a fully executed amendment for the Florida Boating Tallahassee Improvement Program grant referenced above. Please retain this for your records. Executive Staff Nick Wiley Executive Director If you have any questions or need further information, please call me Greg Holder at (850) 617-9559, or e-mail tim.woodv@MvFW, C.com. You may also Assistant Executive Director contact Katrina Thompson at (850) 617-9593, or email Karen Ventimiglia katrina.thomuson@MyFWC.com. Chief of Staff Division of Sincerely, Law Enforcement Colonel Jim Brown Director (850) 488-6251 Tim Wood Program Administrator y� � (850) 921-6453 FAX Florida Boating Improvement Program Wildlife Alert 88&404-3922 or Boating and Waterways Section tip@myFwc.com %tw Managingfish and wildlife Enclosure resources for their long-term well-beingand the benefit of people. 620 South Meridian Street Tallahassee, Florida 32399-1600 Voice: (850) 488-4676 Hearingspeech-impaired: (800) 955-8771(T) (800)955-8770 M MyFWC.com FWC Contract No. 11155 c_i D ) AMENDMENT NO. 1 TO AGREEMENT This AMENDMENT TO AGREEMENT is entered into by and between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION ("COMMISSION") and the ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ("GRANTEE"), and amends that Agreement entered into between the COMMISSION and the GRANTEE dated March 22, 2012, and hereinafter referred to as the "ORIGINAL AGREEMENT". IN CONSIDERATION of the mutual covenants and conditions set forth herein and in the ORIGINAL AGREEMENT, the parties agree to amend the ORIGINAL AGREEMENT as follows, which amendments shall govern to the exclusion of any provision of the ORIGINAL AGREEMENT to the contrary: 1. Paragraph 16 of the ORIGINAL AGREEMENT is hereby amended to read as follows: TERM OF AGREEMENT: This Agreement shall begin upon execution by both parties and end June 30, 2013, inclusive. The GRANTEE shall not be eligible for reimbursement for services rendered prior to the execution date of this Agreement nor after the termination date of the Agreement. 2. The ORIGINAL AGREEMENT is further amended to add a new paragraph, which shall read as follows: MONITORING: The COMMISSION will monitor the GRANTEE'S service delivery to determine if the GRANTEE has achieved the required level of performance. If the COMMISSION at its sole discretion determines that the GRANTEE failed to meet any of the Terms and Conditions of this AGREEMENT, the GRANTEE will be sent a formal written notice. The GRANTEE shall correct all identified deficiencies within forty-five (45) days of notice. Failure to meet 100% compliance with all of the Terms and Conditions of this AGREEMENT or failure to correct the deficiencies identified in the notice within the time frame specified may result in delays in payment or termination of this AGREEMENT in accordance with the Termination section. 3. No funds in addition to those provided for in the ORIGINAL AGREEMENT are authorized or allocated by this AMENDMENT TO AGREEMENT. All provisions of the ORIGINAL AGREEMENT not specifically amended herein shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this AMENDMENT TO AGREEMENT on the date and year last written below. ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Chairman, or designee Date 1 Page 1 of 1 FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION E ec e Dir ctor, or designee Date Approved as to form and legality: Zy ��-- FWCeAtiornfy I Charlotte Bireley From: asatterlee@city-ftpierce.com Sent: Monday, March 04, 2013 11:56 AM To: Charlotte Bireley Subject: Amended Interlocal for Boat Ramp Kiosks <Watchdog: Virus checked> Hi, Charlotte: City Attorney approved the amended Interlocal and it will be on our March 18th Commission Agenda. No changes were made. Anne Anne Satterlee, APR, CPRC Communications & Marketing Mgr. City of Fort Pierce 100 North U.S. Hwy. 1 Fort Pierce, FL 34954 772.467.3027 (NEW) Fax 772.489.8042 River Walk Center Fort Pierce Authentic Tours (FPAT) E-mail: Asatterlee(@City-FtPierce.Com * * * * * LEGAL DISCLAIMER * * * * Mail is intended for work preparation purposes only. No legal definite promise. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public -records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. This document should only be read by those persons to whom it is addressed and is not intended to be relied upon by any person without subsequent written confirmation of its contents. Accordingly, The City of Fort Pierce disclaims all responsibility and accepts no liability (including in negligence) for the consequences for any person acting, or refraining from acting, on such information prior to the receipt by those persons of subsequent written confirmation. If you have received this e-mail message in error, please notify us immediately by telephone. Please also destroy and delete the message from your computer. Any form of reproduction, dissemination, copying, disclosure, modification, distribution and/or publication of this e-mail message is strictly prohibited. * * * * * LEGAL DISCLAIMER (autocreated by iQ.Suite Trailer) INTERLOCAL AGREEMENT BETWEEN ST. LUCIE COUNTY AND THE CITY OF FORT PIERCE FOR INSTALLATION AND MAINTENANCE OF KIOSKS AT BOAT RAMPS THIS AGREEMENT made and entered into this 1h— day of 2012, between CITY OF FORT PIERCE, a Florida municipal corporation, hereinafter referred to as the "City" and ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County". WHEREAS, the County has recently secured a Florida Boating Improvement Grant # 11-039, (the "Grant") from the Florida Fish and Wildlife Conservation Commission; and WHEREAS, the County has entered into a Florida Boating Improvement Grant Agreement with the Florida Fish and Wildlife Conservation Commission, FWC Contract 1115, for the publication of boater guide brochures as grant deliverables ( " Grant Agreement"); and WHEREAS, the City operates boat ramps where the County would like to utilize the Grant to fund the purchase of information kiosks for display of the boater guide brochures produced under the Grant; and WHEREAS, the City has agreed to install the kiosks IN CONSIDERATION OF THE MUTUAL BENEFITS RECEIVED BY EACH PARTY, the parties hereto mutually agree as follows: 1. COUNTY RESPONSIBILITIES: The County will allocate funds from the Grant to purchase the information kiosks and will provide the information brochures for the kiosk for the duration of the Grant, which expires on December 31, 2012, The County will provide kiosks at the following City -operated boat ramps: Black Pearl Boat Ramp at Fisherman's Wharf, 800 North Indian River Drive, Fort Pierce Jaycee Park, South Ocean Drive and Melaleuca Drive, South Hutchinson Island, Fort Pierce • Riverwalk Boat Ramp (behind the Manatee Center),600 North Indian River Drive, Fort Pierce 2. CITY RESPONSIBILITIES: The City agrees to install the kiosks and will take ownership of the kiosks at the expiration of the grant on December 31, 2012. 3. COMPLETE UNDERSTANDING: The Agreement contains a complete understanding of the parties hereto, notwithstanding any previous written or oral understandings between the parties on the same subject. 4, NOTICES: Any notice, payment, demand, or communication required or permitted to be given by any provision of this Agreement shall be in writing and shall be deemed to have been delivered and given for all purposes, whether or not the same is actually received, if sent by JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3723762 07A 12012 al 02:24 PM OR BOOK 3409 PAGE 1618 - 1620 D� Type: AGR RECORDING: $27.00 registered or certified mail, postage and charges prepaid, and addressed to the parties at the following addresses: As to City: With a copy to: Fort Pierce City Manager Fort Pierce City Attorney Post Office Box 1480 Post Office Box 1480 Fort Pierce, Florida 34954 Fort Pierce, Florida 34954 As to County: With a copy to: St. Lucie County Administrator St. Lucie County Attorney 2300 Virginia Avenue 2300 Virginia Avenue Fort Pierce, Florida 34982 Fort Pierce, Florida 34982 or to such other address as the parties may from time to time specify by writing. Any such notice may at any time be waived by the person entitled to receipt of such notice. 5. AMENDMENTS: No amendment, modification, or waiver of this Agreement, or any part hereof, shall be valid or effective unless in writing and signed by both parties, and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. 6. FURTHER DOCUMENTS: Each of the parties hereto hereby agree that they will execute and deliver such further instruments and do such further acts and things as may be necessary or desirable to carry out the purposes of this Agreement. 7. SECTIONS -CAPTIONS: Sections and other captions contained in this Agreement are for reference purposes only and are in no way intended to describe, interpret, define or limit the scope, extent of intent of this Agreement or any provision hereof. 8. SEVERABILITY: Each provision of this Agreement is intended to be severable. If any term or provision hereof is illegal or invalid for any reason whatsoever, such illegibility or invalidity shall not effect the validity of the remainder of this Agreement, 9. GOVERNING LAW: This Agreement and the rights of the Parties shall be governed by and construed or enforced in accordance with the laws of the State of Florida. 10. FILING; EFFECTIVE DATE: This Agreement shall be flied with the Clerk of the Circuit Court of St. Lucie County, prior to its effectiveness. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be signed in their respective names by their proper officials and under their official seals this V) day of 2012. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA uty Clerk Chairman APPROVED AS TO FORM AND N CORRECT, N -e— BY: I�L-CZ hgo. County Attorney CITY OF FO PI E RIDA BY: obe , Benton, III, Mayor ' cz � Cassandra Steele, City Clerk A, ROV AS TO FORM AND j?btE, NESS' V. Schomer, City Attorney of County amnissioners rf r,, S.,. ,. chairman F' ITEM NO. VI — D AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Sherry Burroughs SUBMITTED BY: Mosquito Control & Coastal Management Mosquito Control Manager Services SUBJECT: Acceptance of grant from St. John's River Water Management District BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 145-9910-599300-800 Reserves PREVIOUS ACTION: N/A RECOMMENDATION: Board acceptance of a St. John's River Water Management District grant in the amount of $35,000 and authorization for the Chairman to sign the agreement as approved by the County Attorney. COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination /Signatures County Attorney ( ) OMB/Purchasing Director Budget Analyst Daniel S. McIntyre Heather-- e g /3 Originating Dept. James R. David Sherry Burroughs Other Ma ieJouin Patty Marston Mosquito Control — Coastal -Management Services MEMORANDUM TO: Board of County Commissioners FROM: Sherry Burroughs",�osquito Control Manager DATE: February 25, 2013 SUBJECT: Acceptance of grant from St. John's River Water Management District ITEM NO. VI — D Background: The St. John's River Water Management District has awarded St. Lucie County an Indian River Lagoon National Estuary Program grant in the amount of $35,000 for upland restoration activities to take place within Dollman Park Riverside. The project involves removal of exotic plants and planting natives in the natural area lying west of A1A at the Park. Dollman Park was purchased with County Save Our Coast funding, and has undergone several exotic removal efforts funded by grants in the past. This project will attempt to remove the remaining exotic vegetation and plant native species of ground cover and small shrubs, similar to the project design of Queens Island Preserve, leaving an 8- foot wide cleared path at the site designated for future development of public access. The local match is to be provided by the Mosquito Control District, which is managing the site, in the amount of $16,700. The funds are proposed to come from the District Reserves. If approved, this will leave a balance in the reserve account of $1,463,787. Previous Action N/A Recommendation Board acceptance of a St. John's River Water Management District grant in the amount of $35,000 and authorization for the Chairman to sign the agreement as approved by the County Attorney. C, ;_f� DoE R clman Park Riverside E:>ciis: arearmm:. Contract #27586 AGENCY COST -SHARE AGREEMENT BY AND BETWEEN THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT AND ST. LUCIE COUNTY FOR DOLLM AN PARK RIVERSIDE MARITIME FOREST RESTORATION IN ST. LUCIE COUNTY THIS AGREEMENT ("Agreement") is entered into by and between the GOVERNING BOARD of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT ("the District"), whose address is 4049 Reid Street, Palatka, Florida 32177, and ST. LUCIE COUNTY, whose address is 2300 Virginia Avenue, Fort Pierce, FL 34982-5652 ("Recipient"), All references to the parties hereto include the parties, their officers, employees, agents, successors, and assigns. RECITALS The waters of the state of Florida are among its basic resources, and it has been declared to be the policy of the Legislature to promote the conservation, development, and proper utilization of surface and ground water. Pursuant to chapter 373, Fla. Stat., the District is responsible for the management of the water resources within its geographical area. The District has determined that providing cost -share funding to Recipient for the purposes provided for herein will benefit the management of the water resources. The parties have agreed to jointly fund the following project to benefit the water resources in accordance with the funding formula further described in the Statement of Work, Attachment A (hereafter "the Project"): Project Description: The project will target removal of exotic debris previously treated via the cut -stump method and includes follow-up planting with native species. In consideration of the above recitals, and the funding assistance described below, Recipient agrees to perform and complete the activities provided for in the Statement of Work, Attachment A. Recipient shall complete the Project in conformity with the contract documents and all attachments and other items incorporated by reference herein. This Agreement consists of all of the following documents: (1) Agreement, (2) Attachment A- Statement of Work; and (3) all attachments, if any. The parties hereby agree to the following terms and conditions. TERM; WITHDRAWAL OF OFFER (a) The term of this Agreement is from the date upon which the last party has dated and executed the same ("Effective Date") until January 9, 2014 ("Completion Date"). Recipient shall not commence the Proj ect until any required submittals are received and approved. Recipient shall commence performance within fifteen (15) days after the Effective Date and shall complete performance in accordance with the time for completion stated in the Statement of Work. Time is of the essence for every aspect of this Agreement, including any time extensions. Notwithstanding specific mention that certain provisions survive termination or expiration of this Agreement, all provisions of this Agreement that by their nature extend beyond the Completion Date survive termination or expiration hereof. Page 1 Contract #27586 (b) This Agreement constitutes an offer until authorized, signed and returned to the District by Recipient. This offer terminates sixty (60) days after receipt by Recipient. 2. DELIVERABLES. Recipient shall fully implement the Project, as described in the Statement of Work, Attachment A. Recipient is responsible for the professional quality, technical accuracy, and timely completion of the Project. Both workmanship and materials shall be of good quality. Unless otherwise specifically provided for herein, Recipient shall provide and pay for all materials, labor, and other facilities and equipment necessary to complete the Project. The District's Project Manager shall make a final acceptance inspection of the Project when completed and finished in all respects. Upon satisfactory completion of the Project, the District will provide Recipient a written statement indicating that the Project has been completed in accordance with this Agreement. Acceptance of the final payment by Recipient shall constitute a release in fall of all claims against the District arising from or by reason of this Agreement. 3. OWNERSHIP OF DELIVERABLES. Unless otherwise provided herein, the District does not assert an ownership interest in any of the deliverables under this Agreement. 4. AMOUNT OF FUNDING (a) For satisfactory completion of the Project, the District shall pay Recipient approximately sixty-eight percent (68%) of the total cost of the Project, but in no event shall the District cost -share exceed $35,000. The District cost -share is not subject to modification based upon price escalation in implementing the Project during the term of this Agreement. Recipient shall be responsible for payment of all costs necessary to ensure completion of the Project. Recipient shall notify the District's Project Manager in writing upon receipt of any additional external funding for the Project not disclosed prior to execution of this Agreement. (b) In -Kind Services. Recipient agrees to provide $16,700 in the form of in -kind services for the Project, as further described in the Statement of Work, which shall count toward Recipient's cost -share obligation. 5. PAYMENT OF INVOICES (a) Recipient shall submit one invoice upon successful completion of the Project by one of the following two methods: (1) by mail to the St. Johns River Water Management District, Director, Division of Financial Management, 4049 Reid Street, Palatka, Florida 32177, or (2) by e-mail to acctpay@sjrwmd.com. The invoice shall be submitted in detail sufficient for proper pre -audit and post -audit review. It shall include a copy of contractor and supplier invoices to Recipient and proof of payment. Recipient shall be reimbursed for one hundred percent (100%) of approved costs or the not -to -exceed sum of $35,000, whichever is less. The District shall not withhold any retainage from this reimbursement. If necessary for audit purposes, Recipient shall provide additional supporting information as required to document invoices. (b) End of District Fiscal Year Reporting. The District's fiscal year ends on September 30. Irrespective of the invoicing frequency, the District is required to account for all encumbered funds at that time. When authorized under the Agreement, submittal of an invoice as of September 30 satisfies this requirement. The invoice shall be submitted no later than October 30. If the Agreement does not authorize submittal of an invoice as of September 30, Recipient shall submit, prior to October 30, a description of the additional Page 2 Contract #27586 work on the Project completed between the last invoice and September 30, and an estimate of the additional amount due as of September 30 for such Work. If there have been no prior invoices, Recipient shall submit a description of the work completed on the Project through September 30 and a statement estimating the dollar value of that work as of September 30. — (c) Final Invoice. The final invoice must be submitted no later than 45 days after the Completion Date; provided, however, that when the Completion Date corresponds with the end of the District's fiscal year (September 30), the final invoice must be submitted no later than 30 days after the Completion Date. Final invoices that are submitted after the requisite date shall be subject to a penalty of 10 percent of the invoice. This penalty may be waived by the district, in its sole judgment and discretion, upon a showing of special circumstances that prevent the timely submittal of the final invoice. Recipient must request approval for delayed submittal of the final invoice not later than ten (10) days prior to the due date and state the basis for the delay. (d) All invoices shall include the following information: (1) District contract number; (2) Recipient's name and address (include remit address, if necessary); (3) Recipient's invoice number and date of invoice; (4) District Project Manager; (5) Recipient's Project Manager; (6) supporting documentation as to cost and/or Project completion (as per the cost schedule and other requirements of the Statement of Work); (7) Progress Report (if required); (8) Diversity Report (if otherwise required herein). Invoices that do not correspond with this paragraph shall be returned without action within twenty (20) business days of receipt, stating the basis for rejection. Payments shall be made within forty-five (45) days of receipt of an approved invoice. (e) Travel expenses. If the cost schedule for this Agreement includes a line item for travel expenses, travel expenses shall be drawn from the project budget and are not otherwise compensable. If travel expenses are not included in the cost schedule, they are a cost of providing the service that is borne by Recipient and are only compensable when specifically approved by the District as an authorized District traveler. In such instance, travel expenses must be submitted on District or State of Florida travel forms and shall be paid pursuant to District Administrative Directive 2000-02. (f) Payments withheld. The District may withhold or, on account of subsequently discovered evidence, nullify, in whole or in part, any payment to such an extent as may be necessary to protect the District from loss as a result of: (1) defective work not remedied; (2) failure to maintain adequate progress in the Project; (3) any other material breach of this Agreement. Amounts withheld shall not be considered due and shall not be paid until the ground(s) for withholding payment have been remedied. (g) Annual budgetary limitation. For multi -year agreements, it is necessary for the District to budget as accurately as possible the amount of funds that will be expended by the District during each fiscal year. The Statement or Work, Attachment A, includes the parties' current projection of the District's cost -share on a fiscal year basis (October 1— September 30). If Recipient's reimbursable costs exceed the budgeted amount during any fiscal year, the excess reimbursable costs shall be paid at the start of the next fiscal year. Recipient shall promptly notify the District when it appears that Recipient's reimbursable costs will exceed the budgeted amount during any fiscal year and provide the District with a revised funding plan. If the District's annual budget permits, the District may, in its sole discretion, Page 3 Contract #27586 prepare a District Supplemental Instruction Form incorporating the revised funding plan and authorizing additional reimbursement during the current fiscal year. 6. LIABILITY AND INSURANCE. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions -of that party; its officers, employees and agents. Nothing contained herein shall be construed or interpreted as denying to any party any remedy or defense available under the laws of the state of Florida, nor as a waiver of sovereign immunity of the state of Florida beyond the waiver provided for in section 768.28, Fla. Stat, as amended. Each party shall acquire and maintain throughout the term of this Agreement such liability, workers' compensation, and automobile insurance as required by their current rules and regulations. FUNDING CONTINGENCY. This Agreement is at all times contingent upon funding availability, which may include a single source or multiple sources, including, but not limited to: (1) ad valorem tax revenues appropriated by the District's Governing Board; (2) annual appropriations by the Florida Legislature, or (3) appropriations from other agencies or funding sources. Agreements that extend for a period of more than one Fiscal Year are subject to annual appropriation of funds in the sole discretion and judgment of the District's Governing Board for each succeeding Fiscal Year. Should the Project not be funded, in whole or in part, in the current Fiscal Year or succeeding Fiscal Years, the District shall so notify Recipient and this Agreement shall be deemed terminated for convenience five (5) days after receipt of such notice, or within such additional time as the District may allow. For the purpose of this Agreement, "Fiscal Year" is defined as the period beginning on October 1 and ending on September 30. 8. PROJECT MANAGEMENT (a) The Project Managers listed below shall be responsible for overall coordination and management of the Project. Either party may change its Project Manager upon three (3) business days prior written notice to the other party. Written notice of change of address shall be provided within five (5) business days. All notices shall be in writing to the Project Managers at the addresses below and shall be sent by one of the following methods: (1) hand delivery; (2) U.S. certified mail; (3) national overnight courier; (4) e- mail or, (5) fax. Notices via certified mail are deemed delivered upon receipt. Notices via overnight courier are deemed delivered one (1) business day after having been deposited with the courier. Notices via e-mail or fax are deemed delivered on the date transmitted and received. DISTRICT Frank Sakuma St. Johns River Water Management District 525 Community College Parkway, S.E. Pahn Bay, Florida 32909 (321)984-4944 E-mail: bsakuma@sjrwmd.com RECIPIENT James R. David, Director St. Lucie Co. Mosquito Control & Coastal Management Services 2300 Virginia Avenue Fort Pierce, Florida 34982 (772)462-1686 E-mail: davidj@stlucieco.org (b) The District's Project Manager shall have sole responsibility for transmitting instructions, receiving information, and communicating District policies and decisions regarding all matters pertinent to performance of the Project. The District's Project Manager may issue a District Supplemental Instruction (DSI) form, Attachment C, to authorize minor changes in the Project that the parties agree are not inconsistent with the purpose of the Page 4 Contract #27586 Project, do not affect the District cost -share or Completion Date, or otherwise significantly modify the terms of the Agreement. 9. PROGRESS REPORTS AND PERFORMANCE MONITORING (a) Progress Reports. Recipient shall provide to the District Project update/status reports as provided in the Statement of Work. Reports will provide detail on progress of the Project and outline any potential issues affecting completion or the overall schedule. Reports may be submitted in any form agreed to by District's Project Manager and Recipient, and may include emails, memos, and letters. (b) Performance Monitoring. For as long as the Project is operational, the District shall have the right to inspect the operation of the Project during normal business hours upon reasonable prior notice. Recipient shall make available to the District any data that is requested pertaining to performance of the Project. 10. TERMINATION (a) Termination for Default. If Recipient materially fails to fulfill its obligations under this Agreement, including any specific milestones established herein, the District shall provide Recipient written notice of the deficiency by forwarding a Notice to Cure, citing the specific nature of the breach. Recipient shall have thirty (30) days to cure the breach. If Recipient fails to cure the breach within the thirty (30) day period, the District shall issue a Termination for Default Notice and this Agreement shall be terminated upon receipt of said notice. In such event, Recipient shall refund to the District all funds provided to Recipient pursuant to this Agreement within thirty (30) days of such termination. The District may also terminate this Agreement upon ten (10) days written notice in the event any of material misrepresentations in the Project Proposal. (b) Termination for Convenience. The District may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to Recipient. Upon receipt of notice, Recipient shall place no further orders for materials, equipment, services, or facilities, for which reimbursement would otherwise be sought. Recipient shall also make every reasonable effort to cancel, upon terms satisfactory to the District, all orders or subcontracts related to the Project for which reimbursement would otherwise be sought. In the event of such termination, Recipient shall be compensated for all work performed pursuant to this Agreement prior to the effective date of termination. ADDITIONAL PROVISIONS (Alphabetical) 11. ASSIGNMENT. Recipient shall not assign this Agreement, or any monies due hereunder, without the District's prior written consent. Recipient is solely responsible for fulfilling all work elements in any contracts awarded by Recipient and payment of all monies due. No provision of this Agreement shall create a contractual relationship between the District and any of Recipient's contractors or subcontractors. 12. AUDIT; ACCESS TO RECORDS; REPAYMENT OF FUNDS (a) Maintenance of Records. Recipient shall maintain its books and records for the purpose of audit in accordance with the requirements of Attachment C, National Estuary Grant Program Requirements. Page 5 Contract #27586 (b) Repayment of Funds. District funding shall be subject to repayment after expiration of this Agreement if, upon audit examination, the District finds any of the following: (1) Recipient has spent funds for purposes other than as provided for herein; (2) Recipient has failed to perform a continuing obligation of this Agreement; (3) Recipient has received duplicate funds from the District for the same purpose; and/or (4) Recipient has received more than one hundred percent (100%) contributions through cumulative public agency cost -share funding. 13. CIVIL RIGHTS. Pursuant to chapter 760, Fla. Stat., Recipient shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, age, handicap, or marital status. 14. DISPUTE RESOLUTION. Recipient is under a duty to seek clarification and resolution of any issue, discrepancy, or dispute involving performance of this Agreement by submitting a written statement to the District's Project Manager no later than ten (10) business days after the precipitating event. If not resolved by the Project Manager, the Project Manager shall forward the request to the District's Office of General Counsel, which shall issue a written decision within ten (10) business days of receipt. This determination shall constitute final action of the District and shall then be subject to judicial review upon completion of the Project. 15. DIVERSITY REPORTING. The District is committed to the opportunity for diversity in the performance of all cost -sharing agreements, and encourages Recipient to make a good faith effort to ensure that women and minority -owned business enterprises (W/MBE) are given the opportunity for maximum participation as contractors. The District will assist Recipient by sharing information on W/MBEs. Recipient shall provide with each invoice a report describing: (1) the company names for all W/MBEs; (2) the type of minority, and (3) the amounts spent with each during the invoicing period. The report will also denote if there were no W/MBE expenditures. 16. FEDERAL FUNDING RE, QUIREMENTS. This Agreement is funded, in whole or in part, with fonds received by the District from the United States Environmental Protection Agency under the National Estuary Program for the Indian River Lagoon (CFDA No. 66.456), under the authority of section 320 of the Clean Water Act, 33 U.S.C. § 1251, et seq., and 40 C.F.R. Part 31 and 40 C.F.R. Part 35, Subpart P. The amount of federal funds provided under this Agreement is 35 000. Recipient, as a sub -grantee of these federal funds, must comply with the provisions of Attachment C. 17. GOVERNING LAW, VENUE, ATTORNEY'S FEES, WAIVER OF RIGHT TO JURY TRIAL. This Agreement shall be construed according to the laws of Florida and shall not be construed more strictly against one party than against the other because it may have been drafted by one of the parties. As used herein, "shall" is always mandatory. In the event of any legal proceedings arising from or related to this Agreement: (1) venue for any state or federal legal proceedings shall be in Orange County; (2) each party shall bear its own attorney's fees, including appeals; (3) for civil proceedings, the parties hereby consent to trial by the court and waive the right to jury trial. 18. INDEPENDENT ENTITIES. The parties to this Agreement, their employees and agents, are independent entities and not employees or agents of each other. Nothing in this Agreement shall be interpreted to establish any relationship other than that of independent entities during and after the term of this Agreement. Recipient is not a contractor of the District. The District is providing Page 6 Contract #27586 cost -share funding as a cooperating governmental entity to assist Recipient in accomplishing the Project. Recipient is solely responsible for accomplishing the Project and directs the means and methods by which the Project is accomplished. Recipient is solely responsible for compliance with all labor and tax laws pertaining to Recipient, its officers, agents, and employees. 19. INTEREST OF RECIPIENT. Recipient certifies that no officer, agent, or employee of the District has any material interest, as defined in chapter 112, Fla. Stat., either directly or indirectly, in the business of Recipient to be conducted hereby, and that no such person shall have any such interest at any time during the term of this Agreement. 20. NON -LOBBYING. Pursuant to section 216.347, Fla. Stat, as amended, Recipient agrees that funds received from the District under this Agreement shall not be used for the purpose of lobbying the Legislature or any other state agency. 21. PERMITS. Recipient shall comply with all applicable federal, state and local laws and regulations in implementing the Project and shall include this requirement in all subcontracts pertaining to the Project. Recipient shall obtain any and all governments! permits necessary to implement the Project. Any activity not properly permitted prior to implementation or completed without proper permits does not comply with this Agreement and shall not be approved for cost - share funding. 22. PUBLIC ENTITY CRIME. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO ($35,000) for a period of 36 months following the date of being placed on the convicted vendor list. 23. PUBLIC RECORDS. Records of Recipient that are made or received in the course of performance of the Project may be public records that are subject to the requirements of chapter 119, Fla. Stat. If Recipient receives a public records request, Recipient shall promptly notify the District's Project Manager. Each party reserves the right to cancel this Agreement for refusal by the other party to allow public access to all documents, papers, letters, or other material related hereto and subject to the provisions of chapter 119, Fla. Stat., as amended. 24. ROYALTIES AND PATENTS. Recipient certifies that the Project does not, to the best of its information and belief, infringe on any patent rights. Recipient shall pay all royalties and patent and license fees necessary for performance of the Project and shall defend all suits or claims for infringement of any patent rights and save and hold the District harmless from loss to the extent allowed by Florida law. Page 7 Contract #27586 IN WITNESS WHEREOF, the St. Johns R ver Water Management District has caused this Agreement to be executed on the day and year written below in its name by its Executive Director, and Recipient has caused this Agreement to be executed on the day and year written below in its name by its duly authorized representatives, and, if appropriate, has caused the seal of the corporation to be attached. This Agreement may be executed in separate counterparts, which shall not affect its validity. Upon execution, this Agreement constitutes the entire agreement of the parties, notwithstanding any stipulations, representations, agreements, or promises, oral or otherwise, not printed or inserted herein. This Agreement cannot be changed by any means other than written amendments referencing this Agreement and signed by all parties. ST. JOHNS RIVER WATER ST. LUCIE COUNTY MANAGEMENT DISTRICT By: By: Hans G. Tanzler III, Executive Director Date: ATTACHMENTS Typed Name and Title Date: Attest: Typed Name and Title Attachment A — Statement of Work Attachment B — District Supplemental Instruction Form Attachment C — National Estuary Program Grant Requirements Cost -share: Aaency ?eneral Last updated: 2-4-13 Page 8 Contract #27586 ATTACHMENT A - STATEMENT OF WORK Dollman Park Riverside Maritime Forest Restoration in St. Lucie County 1. INTRODUCTION/BACKGROUND: The Dollman Park Riverside Maritime Forest is located on South Hutchinson Island in Fort Pierce, Florida in St. Lucie County. To the west, it is bordered by the Indian River Lagoon. To the east, State Highway A1A borders it. The site is one of a series of thirteen State and County parks and preserves located within a twelve -mile stretch along Highway A1A, that include; Blue Heron, Frederick Douglass, Middle Cove, Walton Rocks, Herman's Bay, Normandy, and Waveland beach parks, and Bear Point, John Brooks, Vitolo, Blind Creek, Ocean Bay and Dollman Preserves. A multipurpose pathway that extends along Highway A1A called Indian River Lagoon Trace connects the parks and preserves. Each of the parks and preserves has beach accesses and the preserves each have hiking trails, which border the Laqoon. The exotics within Dollman Park Riverside infringe upon the mangrove swamp and out -compete the native species of the maritime forest. This project will target removal of exotic debris previously treated via the cut -stump method and includes follow-up planting with native species. II. OBJECTIVES: The objectives of this native replanting project are the following: 1. Support increased natural bio-diversity and buffering of shoreline mangrove communities. 2. Prevent further invasion of the exotics into maritime forest and wetlands. 3. Restore shoreline habitat for land crab, fiddler crab and their predators by removal of all non-native invasive plants. 4. Educate general public regarding need to protect and conserve wetland areas and fringing maritime forests and the importance of the wetland contribution to water quality and maintenance of marine species. III. SCOPE OF WORK: This project on Dollman Park Riverside will target removal of exotic debris previously treated via the cut -stump method and includes follow-up planting with native species. The exotics infringe upon the mangrove swamp and out -compete the native species of the maritime forest. The removal of exotic species and replanting with native species will eliminate threats to the quality of the forested uplands and wetlands of the site. In addition, it will contribute to the biodiversity of the site, and restore the important buffering function of the uplands. The exotic removal and re -planting areas total 9 acres and 5 acres, respectively. Watering -in and maintenance of the plants for 12 weeks will follow planting. IV. TASK IDENTIFICATION: Task 1: All work required to remove non-native cut -stump remains from 9 acres within the Dollman Park Riverside maritime forest. Task 2: All work required to plant native species and add mulch on 5 acres within the Dollman Park Riverside maritime forest, according to the County's planting plan. Task 3: All work required to maintain, water -in and monitor initial (12 weeks) plantings. Page 9 Contract #27586 Task 4: All work required to prepare and submit a project final report, including the results of the 12-week monitoring of site. V. DELIVERABLES and TIME FRAMES Task 1: Removal of non-native cut -stump remains. ..........Task 1 Deliverable due in District offices on or before June 13, 2013. Deliverable: Written documentation of completion of cut -stump removal, with pre and post removal photographs of the cleared area within Dollman Park, Task 2: Planting plan, native species planting and mulching. Task 2 Deliverable due in District offices on or before September 11, 2013. Deliverable: Copy of the planting plan, with pre and post photographs of native plantings and mulched areas within Dollman Park. Task 3: Maintenance, watering -in and monitoring during initial (12 weeks) plantings. .........Task 3 Deliverable due in District offices on or before December 10, 2013. Deliverable: Copy of monitoring results. Task 4: Project final report. .........Task 4 Deliverable due in District offices on or before January 9, 2014. Deliverable: Final project report. VI. BUDGET: Task Line Task Description IRL Funding Cost -Share Cost -Share Funding Item Amount Funding Source Removal of non- 1 native cut -stump $15,000 $5,000 St Lucie County remains Plant native 2 species and add $15,000 $10,027 St Lucie County mulch Plant 3 maintenance, watering -in, and $5,000 $1,673 St Lucie County monitoring 4 Final report Summary Cost $35,000* $16,700 Project Total $51,700 Cost "It is anticipated that 100% of the funding for this project will be paid in FY 2013-2014. Page 10 Contract #27586 ATTACHNIENT B— DISTRICT'S SUPPLEMENTAL INSTRUCTIONS (sample) DISTRICT SUPPLEMENTAL INSTRUCTIONS # - DATE: - - - TO: FROM: ,Project Manager CONTRACT/PURCHASE ORDER NUMBER: CONTRACT TITLE: The Work shall be carried out in accordance with the following supplemental instruction issued in accordance with the Contract Documents without change in the Contract Sum or Contract Time. Prior to proceeding in accordance with these instructions, indicate your acceptance of these instructions for minor changes to the work as consistent with the Contract Documents and return to the District's Project Manager. 1. CONTRACTOR'S SUPPLEMENTAL INSTRUCTIONS: 2. DESCRIPTION OF WORD TO BE CHANGED: 3. DESCRIPTION OF SUPPLEMENTAL INSTRUCTION REQUIREMENTS: Contractor's approval: (choose one of the items below): Approved: Date: (It is agreed that these instructions shall not result in a change in the Total Compensation or the Completion Date.) Approved: Date: (Contractor agrees to implement the Supplemental Instructions as requested, but reserves the right to seek a Change Order in accordance with the requirements of the Agreement.) Approved: Date: , District Project Manager Acknowledged: , District Contracts Administrator cc: Contract/Purchasing file Financial Management Page 11 Date: Contract #27586 ATTACHMENT C NATIONAL ESTUARY PROGRAM GRANT REQUIREMENTS (see following pages) Page 12 ATTACHMENT (Last revised: 9-12-08) NATIONAL ESTUARY PROGRAM GRANT REQUIREMENTS Catalog of Federal Domestic Assistance (CFDA) No. 66.456 This Agreement is funded, in whole or in part, with funds received by the St. Johns River Water Management District ("District') from the United States Environmental Protection Agency ("USEPA") under the National Estuary Program for the Indian River Lagoon (CFDA No. 66.456), under the authority of section 320 of the Clean Water Act, 33 U.S.C. § 1251, et seq., and 40 CFR Part 31 and 40 CFR Part 35, Subpart P. As a sub -grantee under the aforesaid federal grant, Recipient, in the performance of its activities pursuant to this Agreement, must comply with the provisions of 40 C.F.R Par t 31 and the specific requirements of the contract award between USEPA and the District, as described below. Recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at littp://12.46.245.173/efda/efda.litml. I. INVOICING In addition to the invoicing requirements contained in the body of this Agreement, the District may periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs pursuant to state and federal guidelines (including cost allocation guidelines), as appropriate. When requested, this information must be provided within 30 calendar days of request. Recipient may also be required to submit a cost allocation plan to the District in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). Allowable costs for Federal Programs can be found under 48 CFR Part 31 at http://www.access.gi2o.gov/nara/cfr/cfr-table-search html and OMB Circulars A-87, A-122, A- 21, A-102 and A-110 at http://wviw.whiteliotise.gov/omb/circulars/index.html#numerical. In the event this Agreement involves a cost -share or match by Recipient, Recipient shall meet the federal cost -share requirements established in 48 CFR, Part 31 and OMB Circulars A-87, A-122 and A-21. For purposes of this Agreement, the following cost principles are incorporated by reference. Organization Type Applicable Cost Principles State, local or Indian tribal government. OMB Circular A-87 Private non-profit organization other than (1) OMB Circular A-122 an institution of higher education, (2) hospital, or (3) organization named in OMB Circular A-122 as not subject to that circular. Education Institutions OMB Circular A-21 For -profit organization other than a hospital 48 CFR Part 31, Contract Cost Principles and an organization named in OMB A-122 and Procedures, or uniform cost as not subject to that circular. accounting standards that comply with cost principles acceptable to the federal agency. IL QUARTERLY REPORTS As a minimum reporting requirement, Recipient shall submit quarterly progress reports, which shall describe the work performed, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. Quarterly reports shall be submitted to the District's Project Manager no later than twenty (20) days following the completion of the quarterly reporting period. The term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30 and December 31. In the event the body of this agreement contains additional and/or more frequent reporting requirements, the body of this Agreement shall prevail. III. FEDERAL SINGLE AUDIT ACT REQUIREMENTS A. If the recipient is a State or local government or a non-profit organization as defined in .OMB Circular AA 33, as revised, Recipient shall comply with the 1-110W1I1g prOVIS10llS. If Recipient expends $500,000 or more in Federal awards in its fiscal year, Recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. The body of this Agreement indicates the amount of Federal funds awarded through the District by this Agreement. In determining the Federal awards expended in its fiscal year, Recipient shall consider all sources of Federal awards, including all Federal resources received from the District. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. An audit of Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 2. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. If Recipient nevertheless elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from Recipient resources obtained from other than Federal entities. Copies of reporting packages for audits conducted pursuant to this section, shall be submitted, by or on behalf of Recipient, directly to each of the following: (a) To the District at: St. Johns River Water Management District Mr. Greg Rockwell Director, Division of Financial Management 4049 Reid Street Palatka, FL 32177 (b) When required by section .320(d), OMB Circular A-133, as revised, the Federal Audit Clearinghouse [the number of copies required by sections .320(d) (1) and (2)] at the following address: 2 Federal Audit Clearinghouse Bureau of the Census 1201 East I& Street Jefferson, IN 47132 (c) Other Federal agencies and pass -through entities in accordance with sections .320(e) and (f), OMB Circular A-133, as revised. 4. Pursuant to section .320(f), OMB Circular A-133, as revised, Recipient shall submit a copy of the reporting package described in section .320(c) and any management letters issued by the auditor to the District at the address stated above. B. Any reports, management letters, or other information required to be submitted to the District shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, as applicable. Submittals should indicate the date the reporting package was delivered to Recipient in correspondence accompanying the reporting package. C. Recipient is hereby advised that the Federal Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Recipient shall utilize the guidance provided under OMB Circular A-133, Subpart B, section _.210 for determining whether the relationship represents that of a sub -recipient or vendor and http://evww.whiteliouse.E�ov/omb/circulars/aI33/al33 htnl. Recipient should confer with its chief financial officer, audit director or contact the District for assistance with questions pertaining to the applicability of these requirements. D. If Recipient is exempt from the Federal Single Audit Act (including for -profit corporations, federal agencies, and private individuals), Recipient is hereby advised that the Federal Single Audit Act requirements may apply to lower tier transactions that may be a result of this Agreement. The CFDA applicable to this Agreement is 66.456, entitled "National Estuary Program." Recipient shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section _.210 for determining whether the relationship represents that of a sub -recipient or vendor and http://www.wliitehotise.gov/omb/circulars/a133/al33.litm1. If a sub -recipient relationship is identified, Recipient must include appropriate language in its agreement to alert the sub -recipient of its single audit responsibilities. The document entitled "FSAA Standard Contract Language" can be found under the "Links/Forms" section appearing at the following website and is recommended for use in sub -grants resulting from this Agreement. https://apps.fldfs.com/fsaa/catalog.aspx IV. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, monitoring procedures may include, but not be limited to, on -site visits by District staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the District. In the event the District determines that a limited scope audit of Recipient is appropriate, Recipient agrees to comply with any additional instructions provided by the District regarding such audit. \� Rpro l:>I17` A. Recipient shall maintain books, records and documents directly pertinent to performance under this Agreement and demonstrating compliance herewith in accordance with generally accepted accounting principles consistently applied. The District, the USEPA, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for three years following completion. Records for real property and equipment acquired with federal funds shall be retained for five years following finaldis disposition. In the event any work is b, n-A —1'—tracted ...... p } s bauaawwv. ou Recipient shall similarly require each subgrantee and subcontractor to maintain and allow access to such records for audit purposes. If any litigation, claim, or audit is started before the expiration of the record retention period established above, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken. B. In the event an audit report is issued, Recipient shall maintain such records for a period of five (5) years from the date the audit report is issued, and shall allow the District, or its designee, access to such records upon request. Recipient shall ensure that audit working papers are made available to the District, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the District. VI. DISCRIMINATION A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. Questions regarding the discriminatory vendor list may be directed to the Florida District of Management Services, Office of Supplier Diversity, at 850/487-0915. VII. DIVERSITY A. The District supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of Minority Owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. B. Recipient shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. Recipient shall carry out applicable requirements of 40 CFR Part 33 (Attachment A) in the award and administration of contracts awarded under EPA financial assistance agreements. Recipient is advised to review the "Good Faith Efforts" at 40 CFR Subpart C with regard to the procurement of construction, equipment, services and supplies with funds that have been provided to Recipient pursuant to this Agreement. Failure by Recipient to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or other legally available remedies. VIII. PROCUREMENT Recipient is required to comply with the standards set forth at 40 CFR § 31.36 (b) through (i) and 40 CFR Part 33 in the procurement or goods and sc..iccs, Attach.�.ent B. As indicated at 40 CFR § 31.36(d) Recipient may utilize small purchase procedures (price or rate quotations from an adequate number of qualified sources) for procurement of $100,000 or less. IX. FEDERAL PARTICIPATION The following language shall be included in all final documents prepared under this Agreement to acknowledge the federal government's participation in the project. This project and the preparation of this report (or booklet, pamphlet, etc as appropriate) was funded in part by a National Estuaries Program grant from the USEPA through an agreement with the St. Johns River Water Management District. The total cost of the project was , of which $ or percent was provided by the USEPA. X. PROHIBITION AGAINST LOBBYING A. This sub -award is subject to the requirements of 40 CFR Part 34, Attachment C. If this sub -award exceeds $100,000, by acceptance of this sub -award Recipient certifies that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of Recipient, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal sub -award, Recipient shall complete and submit Attachment D, Standard Form-LLL, "Disclosure of Lobbying Activities" in accordance with its instructions, which include filing quarterly updates of any material changes. (3) Recipient shall require the language of this certification to be included in the documents for sub -awards in excess of $100,000 at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements), and that all sub -recipients shall certify and disclose accordingly. B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. XI. DEBARMENT AND SUSPENSION A. In accordance with Executive Order 12549, Debarment and Suspension, and the requirements of this Sub -award contained in 2 CFR Part 180, Subpart C (Attachment E); 2 CFR Part 1532, and 40 CFR §§ 31.35, Recipient agrees and certifies that: (1) Neither Recipient, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal District or agency. (2) Recipient shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction, unless authorized in writing by USEPA to the District. Recipient shall pass the requirement to comply with the above - stated provisions to each person with whom Recipient enters into a covered transaction of $25,000 or more, as provided in 2 CFR Part 180, Subpart B, by including the language of this section in all subcontracts or lower tier agreements executed to support Recipient's work under this Agreement. (3) Recipient shall check the federal Excluded Parties List System, currently at htto://epls.arnet.r;ov or http://www.epls.g�ov for those persons who are ineligible to participate in federally funded transactions. XII. HOTEL -MOTEL FIRE SAFETY Pursuant to 40 CFR 30.18, if applicable, and 15 USC 2225a, Recipient agrees to ensure that all space for conferences, meetings, conventions, or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (PL 101-391, as amended). Recipients may search the Hotel -Motel National Master List at littp:Hwww.usfa.diis.gov/applications/hotel/ to see if a property in compliance (FEMA ID is currently not required), or to find other information about the Act. XIII. COPYRIGHT The USEPA and the District reserve a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for government purposes: (1) the copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant, and (2) any rights of copyright to which a grantee, subgrantee or a contractor purchases ownership with grant support. In the event there is a specific copyright provision in the body of this Agreement, the terms of this provision shall supersede the body of this Agreement to the extent of any conflict. XIV. REAL PROPERTY AND EQUIPMENT A. Land Acquisition. Subject to the obligations and conditions set forth in 40 CFR § 31.31, title to real property acquired hereunder will vest upon acquisition in Recipient. Except as otherwise provided by federal statutes, real property will be used for the originally authorized purposes as long as needed therefor, and Recipient shall not dispose of or encumber its title or other interests therein. When real property is no longer needed for the originally authorized purpose, Recipient will request disposition instructions from the District's Projcet Manager, Subject to the wquircilieiits of 40 CFR g 31.31(c). This request shall include: (1) information identifying the property by its official legal description (include the city and county where located), (2) original acquisition cost of the property, (3) the federal funding source, (4) the total funding amount provided by the federal funding source, (5) the federal program funding the acquisition (CFDA No. and Title), (6) the date of acquisition, (7) the District's contract No., and (8) the District's Project Manager. If Recipient matching funds have been used for the land acquisition, Recipient agrees that these funds shall not be used as match to any other Agreement supported by State or Federal funds. B. Equipment. Subject to the obligations and conditions set forth in 40 CFR § 31.32, title to real property acquired hereunder will vest upon acquisition in Recipient. Disposition of equipment shall be in accordance with 40 CFR § 31.32 (e). XV. QA/QC REQUIREMENTS If Recipient's project involves environmentally related measurements or data generation, Recipient shall develop and implement quality assurance practices consisting of policies, procedures, specifications, standards, and documentation sufficient to produce data of quality adequate to meet project objectives and to minimize loss of data due to out -of -control conditions or malfunctions. If applicable, Recipient shall contact the District's Project Manager for further instructions regarding QA/QC requirements. Attachments: A 40 CFR Part 33Participation by Disadvantaged Business Enterprises in United States Environmental Protection Agency Programs B 40 CFR § 31.36 (b) through (i), Procurement C 40 CFR Part 34, New Restrictions on Lobbying D Standard Form-LLL, "Disclosure of Lobbying Activities" E 2 CFR Part 180; OMB Guidelines to Agencies on Government -wide Debarment and Suspension (Non -procurement) ITEM NO. WE1 DATE: 03/19/13 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Stefanie Myers SUBMITTED BY: Community Services/Resident Support Resident Support Services Manager Services SUBJECT: Community Services Block Grant (CSBG) Modification FYI BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001549-6420-331691-600 Community Service Block Grant 2013 PREVIOUS ACTION: July 17, 2012 — Board approved agreement with the Florida Department of Economic Opportunity for CSBG allocation. RECOMMENDATION: Board approval of the modification for the Community Services Block.Grant, Budget Resolution 13-044, Equipment Request EQ13-067 and authorization for the Chairman to sign all documents as approved by the County Attorney. COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER County Attorney ( ) 6" Daniel S. McIntyre Originating Dept. Beth Ryder CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination /S i gg n a t u res OMB Director ( ) Budget Analyst (, Marie Wuin Sophia Holt Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director 50-"- t FROM: Stefanie Myers, Resident Support Services Manager DATE: March 19, 2013 SUBJECT: Community Services Block Grant (CSBG) Modification FYI ITEM NO. WE1 Background: The Florida Department of Economic Opportunity (DEO) annually provides additional mid -year funding for the Community Services Block Grant. St. Lucie County is the lead entity for the Treasure Coast Community Action Agency (TCCAA). This Board was formed by an inter -local agreement with Martin, Okeechobee and St. Lucie Counties. The initial allocation for FY13 was $201,921. The modification increases the agreement total to $329,607. The increased funds come from a return of prior year unspent dollars and an increase from the state. Each County receives their unspent funds and new funds are divided by the percentage stated in the interlocal, 26%, 20.5% and 53.5%, respectively. % Original Amount Modification Total Martin 26.0% $ 52,499 $ 92,490 Okeechobee 20.5% $ 41,394 $ 63,016 St. Lucie 53.5% $ 108,028 $ 174,101 TCCAA Total $ 201,921 $ 329,607 These funds are used in diverse ways to meet the identified needs of eligible low-income households in each County. Okeechobee assists with senior diversion services that allow residents to remain living independently. Martin provides emergency services such as rent, utilities, transportation or medical care. St. Lucie assists eligible residents with overcoming barriers to self-sufficiency with information, referrals and funding for child care, transportation, education, medical care and more. Recommendation Board approval of the modification for the Community Services Block Grant, Budget Resolution 13-044, Equipment Request EQ13-067 and authorization for the Chairman to sign all documents as approved by the County Attorney. Attachments: CSBG Modification Agreement Interlocal Agreement Budget & Equipment Resolutions RESOLUTION NO. 13-044 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the U. S. Department of Health and Human Services in the amount of $127,686 for the Community Services Block Grant Modifications. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 19th day of March, 2013, pursuant to Section 129.06 (d), Florida Statutes that such funds are hereby appropriated for the fiscal year 2012-2013, and the County's budget is hereby amended as follows: REVENUE 001549-6420-331691-600 US Dept. of Health & Human Serv. $127,686 APPROPRIATIONS 001549-6420-512000-600 Salaries $ 51,000 001549-6420-564000-600 Machinery & Equipment $ 3,849 001549-6420-583000-600 Other Grants and Aids $ 11,225 001549-6420-581065-600 Martin County $ 39,991 001549-6420-581075-600 Okeechobee County $ 21,621 After motion and second the vote on this resolution was as follows: Commissioner Tod Mowery, Chairman XXX Commissioner Frannie Hutchinson, Vice Chair XXX Commissioner Chris Dzadovsky XXX Commissioner Paula Lewis XXX Commissioner Kim Johnson XXX PASSED AND DULY ADOPTED THIS 19TH DAY OF MARCH 2O13. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA M. CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTYATTORNEY ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2012-2013 REQUEST DATE: March 4, 2013 DEPARTMENT: Community Services RECOMMENDED: X YES NO REVISED DIVISION: Resident Support Services APPROVED: I YES NO REVISED EQUIPMENT: 3 Laptop Computers DDITIONAL COST BUDGET AMOUNT: $3,549 X NEW I REPLACEMENT YES I NO JUSTIFICATION: The division currently provides laptop computers to support the local Volunteer Income Tax Assistance Sites which serve those households with less than $51,000. The ones currently being used are ending their useful life and it has been recommended by IT that replacements be purchased. To maximize usage, the units will also be used in situations where case managers are required to go into the field to assist residents. These computers will be purchased with grant funds. EQUIPMENT REQ#: EQ13-067 ACCOUNT#: 001549-6420-564000-600 MODIFICATION OF AGREEMENT BETWEEN FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY AND St. Lucie County Board of County Commissioners This Modification is made and entered into by and between the State of Florida, Department of Economic Opportunity ("the Department"), and St. Lucie County Board of County Commissioners ("the Recipient") to modify DEO Contract Number 13SB-FZ-12-00-01-023 ("the Agreement"). WHEREAS, the Department and the Recipient have entered into the Agreement, pursuant to which the Department has provided a sub -grant of $201,921 to the Recipient; and WHEREAS, FY 2012 carryover funds are available to increase the amount of the funding granted to the Recipient; and WHEREAS, additional funds have become available to increase the amount of the funding granted to the Recipient; and WHEREAS, the modified sub -grant is now $329,607 NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. Paragraph (17)(a) Funding Consideration, is hereby modified to read as follows: (a) This is a cost -reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $329,607, subject to the availability of funds and appropriate budget authority. The Recipient is authorized to incur costs in an amount not to exceed $298,364 until further notification is received by the Department. As s an budget authority are available, changes to the costs the Recipient may incur will be accomplished by notice from the Department to the Recipient's contact person identified in Attachment A, Recipient Information. The terms of the Agreement shall be considered to have been modified to allow the Recipient to incur additional costs upon the Recipient's receipt of the written notice from the Department. This revised contract amount includes: A. $201,921 Current CSBG Allocation ( FY 2012-2013) B. $ 38,418 Carryover from FY 2012 C. $ 89,268 Base Increase (FY 2012-2013) D. $329,607 Total (Amended CSBG Allocation) 2. If applicable, Attachment A, Recipient Information, Attachment B-1, Budget Summary, Attachment B- 2, Sub -Recipient Information, Attachment B-3, Budget Detail, Attachment B-4, Secondary Administration and Attachment C, Scope of Work/Workplan are hereby deleted in their entirety and replaced with Amended Attachment A, Recipient Information, Amended Attachment B-1, Budget Summary, Amended Attachment B-2, Sub -Recipient Information, Amended Attachment B-3, Budget Detail, Amended Attachment B-4, Secondary Administration and Amended Attachment C, Scope of Work/Workplan are attached hereto and incorporated herein by reference. IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set out herein. RECIPIENT (Type Legal Name of Recipient) By: (Type Name and Title Here) Date: Federal Identification Number DUNS* Number *Data Universal Numbering System By: Approved STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY I: Ken Reecy, Assistant Director Division of Community Development Date: Approved as to form and legal Sufficiency, subject only to full and Proper execution by the parties Office of the General Counsel Department of Economic Opportunity iNTIERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT made and entered into this Ath 'dav of June 1997, by and between MARTI COUNTY, a political subdivision of the State of Florida, OKEECHOBEE COUNTY, a political subdivision of the State of Florida, and ST. LUCEE COUNTY, a political subdivision of the State of Florida, WITNE§SETS: WHEREAS, the United States Congress has enacted the Community Service.Biocksrant Program Act, P.L. 97-35, here'ir er referred to as the "Act", which is aErtunistered in Florida by the Florida Department of Community Affair, for the purpose of alleviating the causes of poverty at the community level; and, WHEREAS, the Community Services Block Grant Program provides for an entity that is contiguous to any geographic area not currently being served to be designated as an eligible entity to receive block grant funds on behalf of the unserved area; and, WHEREAS, St. Lucie County has requested designation by the Florida Department of Community Affairs as an eligible entity to receive Community Services Block Grant funds; and, WHEREAS, the Board of County Commissioners of Martin County desires to improve the availability of services to low income persons in Martin County by accessing the above -referenced federal funds through participation in the Community Services Block Grant Program administered by the Florida Department of Community Affairs; and, WHEREAS, the Board of County Commissioners of Okeechobee County desires to improve the availability of services to low income persons in Okeechobee County by accessing the above- referenced federal funds through participation in the Community Services Block Grant Program administered by the Florida Department of Community Affairs; and, NOW, THEREFORE, in consideration of the premises and undertaking contained herein, the parties hereto agree as follows: 1. GEN___ ZE s 'This -Agreement Is entered into ptu.�.ttartt_to Section 163.01, Florida Statutes, Florida Interlocal Cooperation Act. 2. MARTIN COUNTY RFCpONSiB S A. The Board of County Commissioners of Martin County agrees to permit St. Lucie County, acting as the designated Community Eligible Entity through its Human Services Division, to provide funding for services to low income persons in Martin County under the Community Services Block Grant Program, B. The Board of County Commissioners of Martin County shall be responsible for determining the services to be provided in Martin County with input from the Tripartite Board pursuant to the Community Services Block Grant Program in Martin County and will develop procedures which comply with the regulations and reporting requirements promulgated under the Act. C. Martin County agrees to follow all miles and procedures established by the Florida Departmed of Community Affain for the purpose of providing services to eligible individuals in Martin County as described in the Act. D. Martin County shall be financially responsible for and shall reimburse St. Lucie County for any disallowed costs identified as a result of monitoring or an audit by the Florida E Department of Community Affairs. E. Martin County sha)1 be responsible for providing the twenty percent (20%) match required under the Act for funds allocated for services in Martin County, F. Martin County shall provide St. Lucie County with all documentation required to meet the Florida Department of Community Affairs reporting requirements for services rendered in Martin County pursuant to the Act. Such documentation shall be provided to. St. Lucie . County at least two weeks prior to the date such reports are due to the Florida Department of Community Affairs, 2. OKEECHOBEE COUNTY RESPONSIBILL UR A. The Board of County Commissioners of Okeechobee County agrees to permit St. Lucie County, acting as the designated Community Eligible Entity through its Human Services Division, to provide funding for services to low income persons in Okeechobee County under the Community Services Block Grant Program. B. The Board of County Commissioners of Okeechobee County shall be responsible for determining the services to be provided in Okeechobee County with input from the Tripartite Board pursuant to the Community Services Block Csra:tt Program in Okeechobee County and will develop procedures which comply with the regulations and reporting requirements promulgated under the Act. C. Okeechobee County agrees to foUow all rules and procedures estabUshed by the Florida Depa=ent of Community Affairs for the purpose -of providing services to eligible individuals in Okeechobee County as described in the Act, D. Okeechobee County shall be financially responsible for and shall reimburse St. Lucie 3 County for any disallowed costs identified as a result of monitoring or an audit by the Florida Department of Community Affairs, E, Okeechobee County shall be responsible for providing the twenty percent (24%) match required under the Act ror funds aJlocated for service& in Okeechobee County, F. Okeechobee County shall provide St. Lucie County with all documentation required to' meet the Florida Department of Community Affairs repoming requirements for services rendered in Okeechobee County pursuant to the Act. Such documentation shall be provided to St. Lucie County at least two weeks prior to the date such reports are due to the Florida Department of Communiry Affairs, 3. RT. LIIC'IE COUNTY RlrSP0E5EftUjMM A. St. Lucie County shall serve as the lead coordinating county and shall be responsible for submitting ap required correspondence and tnonthly reirnbursement requests to the relevant state and/or federal agencies. B. Upon designation as an eligible entity as an eligible agency for Community Services Block Grant funding and execution of this Agreement, St. Lucie County sttall initiate the expansion of its designated Community Action Agency area to include Martin County and Okeechobee County, 4. DIVISION OF ANNTIAT, L .0 ATION Basal upon the Florida Department of Community Affair, method of allocation in effect on the date of this Agreement, the parties agree that the annual alloestion of funds under the Act shall be divided as follows: A. Martin County - 26% S1 B. Okeechobee County - 20.5% C. St. Lucie County - 53.5°/® Upon receipt of the decennial census or other significant poverty impacting events, allocation rates shall be reviewed by the Tripartite Hoard, 5, IP.MAR' = HQARD ,Within ninety (90) days from the date this. Agreement is executed, the Counties hereto shall form a multi -county advisory board with representatives from Martin County, Okeechobee County, and St. Lucie County. Such Tripartite Hoard shall meet all rules and requirements under the Act. Each county shall appoint three members to the advisory board as follows: A. One elected official or a designated representative, W One representative of the low Income population chosen by a democratic selection procedure to represent sucb population in the county. C. One representative of business, industry, labor, religious, welfare, or education interests in the county. 6. Subject to the provisions of Section 769.28, Florida Statutes (1995), Martin County and Okeechobee County agree to indetp4 and hold St. Lucie County harmless from and against any actions n law to recover damages in ton for money damages forbIjury or loss of property, personal injury, or death arising out of this Agreement and caused by the negligent or wrongful act or omission of any employee of the respective county while acting within the s, p�(e of his office or employment under circumstances in which such county, if a private person, would be liable to the claimant, in accordance with the general laws of the State of Florida. G Subject to the provisions of Section 768,28, Florida Statutes (1995), St. Lucie County agrees to indemnity and hold Martin County and Okeechobee County harmless from and against any actions at law to recover damages in tort for money damages for injury or loss of property, personal injury, or death arising out of this Agreement and caused by the negligent or wrongful act or omission of any official, agent and/or employee of St. Lucie County while acting within the scope of his office or .employment under circumstances in which St. Lucie County, if a private person, would be liable. to the claimant, in acr ovdance with the general laws of the State of Florida. 7, TERM:ITRMIIVATION This Agreement shall be effective October 1, 1997 and shall continue until terminated as provided herein. Any party may cancel and terminate this Agreement with or without cause upon ninety (90) days written notice to the other parties, and at that time, all responsibility and obligations under this Agreement will terminate. 8, WHOLE AGREEMENT This Agreement embodies the whole understanding of the parties. There are no promises. terms, conditions or obligations other than those contained herein; and this- Agreement shall supersede all previous communications. representations, or agreements, either verbal or written, between the parties hereto, 9. AMENDMENTS The Agreement tray only be amended by a written document signed by all parties and filed with the Clerk of the Circuit Court of Martin County, Florida - shs Clerk of the Circuit Court of Okeechobee County, Florida, and the Clerk of the Circuit Court of St. Lucie County, Florida. 11 ATTEST: Marsha Sti er, Clerk of the Court %,wrx 8 BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORMA BY: /..' Manhni L. Wileo:, Chairman APPROVED AS TO FORM AND Gary K. Oldehaff *Ct*09 County Attorney BOARD OF COUNTY COMMISSIONERS OKEECHOBEE COUNTY, FLORIDA BY: Chairtaa APPROVED AS TO FORM AN1 wso For Legal JUL 2 2 1SS7 CouNry BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORMA BY Aact'.' (4� ri.a.4g, 'L hairman APPROVED'rttS TO FORM AND CbRIttCTNESSa BY: rk!.tt ar* County Xttoraty ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2012-13 DEPARTMENT: Community Services RECOMMENDED: x YES NO REVISED DIVISION: Resident Support Services APPROVED: YES I NO I REVISED zt z EQUIPMENT: 3 Laptop Compute rs ADDITIONAL COSTS BUDGET AMOUNT: $ 3,849.00 x NEW I REPLACEMENT I YES x NO JUSTIFICATION: The division currently provides laptop computers to support the local Volunteer Income Tax Assistance Sites which serve those households with less than $51,000. The ones currently being used are near the end of their useful life and it has been recommended by IT that new units be purchased. To maximize usage, the PC'ss will also be used in situations where case managers are required to go into the field to assist residents. These computer will be purchased with grant funds. EQUIPMENT REQ#: EQ13-067 ACCOUNT#: 001549-6420-564000-600 CSBG MODIFIED ATTACHMENT 134 BUDGET DETAIL - FY 2012-2013 Recipient: Treasure Coast Community Action Agency -SLC Contract: 13SB-FZ-12-00-01.023 BUDGET SUMMARY LINE -ITEM NUMBER NATIONAL PERFORMANCE INDICATORS (Direct Client Assistance On EXPENDITURE DETAIL Round UP line Item totals to dollars. Do NOT use cents and decimals in totals. TOTAL BUDGETED EXPENDITURES CSEG FUNDS CASH' MATCH IN MATCH -KIND , `;CtNETetd�o 6 Recipient Administrative Expenses Salary - Community Services Manager - All Salary and Benefits paid by St. Lucie County BOCC. -100% 45% CSBG 50% Transportation 5% Shelter Plus Care 2080 hours@ $36 = 74,880' 41%= 31,338 $31 338 Mimes. ,`._. 1ie93 -o : - E, 4 Salary - Director Majority of salary and benefits are paid with St. Lucie County BOCC funds. 2080 hours @ 47 = $97,843' 10.B%= $10,265 76zss `-` Advertising Newspaper advertising $300 Utilities - 437N 7th Street Match Sourcerce is St. Lucie County BOCC $3,482 " fit 3zt Equipment: 3 Computers to be used by volunteers for the Volunteer Income Assistance Sites and by staff for outreach, mobile intakes, data entry, benefits $3,849 r�,J1,�yryri { enrollment and case management. Supplies and printing $500 z 3 &i9 _......... _,...,f'. Training & Registration $753 z g r,{;y a� One staff person and one board member will participate in FACA training ate';' the annual Conference. It is also planned for at least one staff person to participate in necessary webinars. Travel One board/staff member will participate in FACA or other appropriate training in accordance with the Contract guidelines. $1,000 h>n `fr,atc; 14VU> a,�•' Software maintenance fees - Database annual fees for streamlining reporting and client tracking as well as eligibility determination, follow up, referrals, and other long term case management details. This figure also includes the user licenses for the year. $8,500 cf iaY�Y 5 ' e-YEl3'J0891 -.. 10 NPI 1-6 1.26 Administrative Subtotals Recipient Direct Client Services Salaries Community Services Coordinator = 1040 hours x$20.3 (50% of salary) Fringe Benefits FICA, FICA Mand, Retirement, Group Health Insurance, worker's Compensation, Unemployment Compensation = 50% of Fringe Benefits Balance is paid by St. Lucie County BOCC - Balance is paid by St. Lucie County BOCC $25,166 $21,112 $10,556 $3,482 $31 338 ggg x ; z7.~2 i �W- NPI 1-6 Program Specialist (Case Manager) =2080'$17.40% _ Fringe Benefits - FICA, FICA Mand, Retirement, Group Health InsuranceM. , worker's Compensation, Unemployment Compensation Balance is aid b P Y St. Lucie County BOCC 100% of Fringe = 50% of salary. $14,144: $7 07p n to n?t314d v5� F t n NPI 1-6 Program Specialist (Case Manager) =2080'$17.08' 90%= Fringe Benefits -FICA, FICA Mand, Retirement, Group Health Insurance, worker's Compensation, Unemployment Compensation Balance is paid by St. Lucie County BOCC 100% of Fringe =50%of salary. $31,974 $15,987 ' r s -066i " ✓, 8s�y 7,;t?I":a 062 Approximately 5 clients will receive approximately $800 in support of achieving self-sufficiency. Assistance may be in the form of housing, education, employment, health, medical, transportation, childcare or 1.1. 2' others, depending upon the unique family needs. 1.3 1.1, 2' - • Based upon the family needs, any of the outcomes for family self- $4,000 2.1 sufficiency could fall in these categories. The work plan is based on estimates as results will be variable based on identified needs. 1.3 - Benefits enrollment to manage budgets more effectively. 2.1 - Post Secondary educ for those ineligible for federal financial aid. Approximately 5 adult students will be assisted with tuition and book expenses of approximately $300 toward post secondary education with the goal of becoming eligible for other financial aid and/or completing 1,2AB certificate or degree programs to obtain higher level employment. 2.11 $1,500 6.3C 1.2A,B Employment Supports 2.11 Increase Education placement 6.3C Parenting skills - financial literacy, nutrition education and smart shopping for food - Approximately 250 people will be assisted approximately $20 with 1.2F, 2.11-1, 6.21 transportation for completing education, seeking employment, and $5,000 obtaining medical care. 1.213, 211 Approximately 10 people will be assisted for the registration cost of $50 per $500 semester to complete their GED training and/or to complete the exam. I.1, 1.2. 6.3. 6.4 Approximately 14 households will be assisted with childcare subsidy for $12,000 children from birth to 13 yo in support of education and employment. Youth - Approximately 6 young adults who are homelss and enrolled in school will receive approximately $3,500 in support of achieving self- sufficiency. Assistance may be in the form of housing, case managment, 1.3 fiscal education, post-secondary/highschool education, employment, $21,000 It health, medical, transportation, childcare or others based on identified needs. Approximately 20 people will be assisted with approximately $50 to obtain 1.2F,M,6.4C Identification, healthcare, food, housing stability, etc. in support of $1,000 employment, education, medical care, obtaining benefits, etc. Direct Services Subtotal $145,846 11 (Community Garden - These funds will be used to sustain and further develop the Food Pantry Bucket Garden, including expansion of the 2.2C, 6.5A existing garden, provision of bucket gardens to low income families to start their own gardens, as well as implementation of community education In the areas of nutrition and food preparation. Budget and Fiscal Education Materials - Resources for distribution to self- 1.38, 6.3C sufficiency clients and to those participating in general budgeting classes. This includes flyers to educate the community about the availability of fiace 1.3A1 lVolunleer Income Tax Assistance Internet Access, Flyers, supplies 12 "Explain all Sources of Cash and In -Kind Match I I 18 Other Program Expense TOT $0 $0 $2,500 $65 $525 $3,090 $0 0 $174,101 $3,482 $31,338 TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-E2 DATE: 3/19/13 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) PRESENTED BY: l Diana Wesloski �/✓✓ Community Services/Housing Division Housing Manager St. Lucie Habitat for Humanity Community Housing Development Organization (CHDO), Inc. Agreement See attached memorandum. 189103-5420-331510-500 HOME FY10; 189106-5420-331510-500 HOME FYI I; 189108-5420-331510-500 HOME FY12 PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of the agreement between St. Lucie County HOME Consortium and St. Lucie Habitat for Humanity CHDO, Inc., and authorization for the Chairman to sign the agreement as approved by the County Attorney. COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER Coordination/Sianatures CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM County Attorney ( ) OMB Director ( ) II nn (� Budget Analyst Y U < Daniel S. McIntyre Marie Gobin Sophia Holt Originating Dept. Purchasing ( ) Beth Ryder Melissa Simberlund Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director FROM: Diana Wesloski, Housing Manager DATE: March 19, 2013 SUBJECT: St. Lucie Habitat for Humanity CHDO Agreement ITEM NO. VI-E2 Background: On November 20, 2007, as the lead agency for St. Lucie HOME Consortium, which includes Indian River and Martin Counties, St. Lucie County HOME Consortium accepted an award agreement with the U.S. Department of Housing and Urban Development for the HOME Investment Partnership Program. As part of the HOME Program, St. Lucie County HOME Consortium is required to set aside at least 15 percent (15%) of its annual allocation for a Community Housing Development Organization (CHDO). The HOME Consortium needs to award the CHDO funds for FY10, FY11 and FY12 for a total of $271,197 to the identified eligible local CHDO. St. Lucie County has had a successful, ongoing partnership with St. Lucie Habitat for Humanity CHDO to facilitate the creation of affordable housing through the HOME Program for over three (3) years. During January of 2013, the HOME Consortium assessed the capacity of St. Lucie Habitat for Humanity CHDO, in accordance with HOME Program regulations, by obtaining and evaluating accounting records, staff qualifications and past experience. Recommendation Board approval of the agreement between St. Lucie County HOME Consortium and St. Lucie Habitat for Humanity CHDO, Inc., and authorization for the Chairman to sign the agreement as approved by the County Attorney. Attachments: Community Housing Development Organization Agreement St. Lucie Habitat for Humanity CHDO Articles of Incorporation ST. LUCIE COUNTY HOME CONSORTIUM PROGRAM COMMUNITY HOUSING DEVELOPMENT ORGANIZATION AGREEMENT This agreement is entered into this of 2013 by and between the St. Lucie County HOME Consortium, a municipal corporation that includes St. Lucie County Board of County Commissioners, Martin County Board of County Commissioners and Indian River County Board of County Commissioners organized and existing under the laws of Florida, hereinafter referred to as "HOME CONSORTIUM," and the St. Lucie Habitat for Humanity Development Corporation, a not for profit corporation and Community Housing Development Organization, hereinafter referred to as "RECIPIENT." WITNESSETH: WHEREAS, the HOME CONSORTIUM and St. Lucie County have received federal funding pursuant to the HOME Investment Partnership Program, hereinafter referred to as "HOME" to expand the supply of decent, safe, sanitary and affordable housing; and WHEREAS, the financial assistance to Community Housing Development Organizations (CHDOs) is a permitted use of HOME funds; and WHEREAS, the HOME CONSORTIUM has established a program to provide financial assistance to CHDOs to provide housing to lower income residents; and WHEREAS, RECIPIENT is eligible to receive, and desires to receive, HOME funds to assist in the development of affordable housing for lower income residents; and WHEREAS, HOME CONSORTIUM and RECIPIENT desire to enter into this Agreement to permit the RECIPIENT to receive HOME funds; NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING AND THE MUTUAL COVENANTS CONTAINED HEREIN, IT IS AGREED AS FOLLOWS:. 1. USE OF THE HOME FUNDS The HOME CONSORTIUM agrees to provide RECIPIENT HOME funds in the amount of $106,557.90 for grant fiscal year 2010, $94,186.35 for fiscal grant year 2011, and $70,452.45 for fiscal grant year 2012 for a total of $271,196.70. Funding in the amount of $200,744.25 for fiscal grant years 2010 and 2011 must be committed to HOME approved projects by October 31, 2013. Funding in, the amount of $70,452.45 for fiscal grant year 2012 must be committed to HOME approved projects by October 31, 2014. All funds may be used in total and prior to required commitment dates. RECIPIENT will use the HOME funds to assist. in the development of single-family housing units. HOME CONSORTIUM'S payment of the HOME funds represents the HOME CONSORTIUM's entire financial contribution of HOME funds, and the RECIPIENT shall provide all additional funds necessary to develop affordable housing. RECIPIENT may use HOME funds as provided in the CHDO guidelines incorporated herein as Exhibit A. RECIPIENT agrees to use the HOME.funds for Fiscal Years 2010, 2011, 2012. Failure to expend funds by required dates shall cause this agreement to be terminated with no further financial obligation to the HOME CONSORTIUM. 2. AFFORDABILITY RECIPIENT certifies that the housing developed by the RECIPIENT, hereinafter referred to as the "REAL PROPERTY' will have 1) an initial purchase price; and 2) an estimated appraised value following the development of each home, hereinafter referred to as "SALES PRICE," not in excess of 95% of the median purchase price for single-family housing (one family residence), for the jurisdiction as determined by the United States Department of Housing and Urban Development, hereinafter referred to as "HUD." 3. REPAYMENT OF HOME FUNDS RECIPIENT agrees to repay the full amount of the HOME funds to the HOME CONSORTIUM, which has been disbursed to the RECIPIENT in the event the RECIPIENT fails to comply with the terms of this Agreement. 4. COMPLIANCE WITH APPLICABLE LAW The laws of the State of Florida shall govern this agreement. RECIPIENT covenants to promptly comply with all applicable federal, state, county and municipal laws, ordinances, regulations and rules relating to services to be preformed hereunder and in at the time of performance, including: a) 24 CFR 221 limits. b) 24 882.109 regarding housing quality standards; c) 24 CFR 92.350 regarding equal opportunity; d) 49 CFR Part 24, sub -part B, regarding the Uniform Relocation Act; 24 CFR regarding marketing procedures; f) 24 CFR Part 51 regarding environmental requirements g) 24 CFR 92.355 regarding lead -based paint; h) 24 CFR 92.356 regarding conflict of interest; and i) 24 CFR 92.357 regarding debarment and suspension. RECIPIENT, by executing this agreement, acknowledges that the RECIPIENT is not relying upon any representations of the HOME CONSORTIUM to the above regulations and that the RECIEPIENT is responsible for understanding and complying with all applicable regulations. 5. Resale Provision, Affordability Period and Principal Residence Requirement All units sold to BENEFICIARIES must remain affordable by recording a deferred payment loan according to the amount of assistance provided as follows: Affordability period ' Assistance Amount 5 Years Up to $15,000 10 Years $15,001 and $40,000 15 Years $40,001 and above 20 Years New Construction For this period, the client is required to maintain the home as their primary residence. The CHDO is required to monitor primary residence annually. In the event the BENEFICIARY sells the home within the affordability period, the client must pay back the loan amount. The recaptured funds will be limited to net proceeds and they will be returned to the St. Lucie County HOME Consortium. 92.252. Rental units are subject to the HOME affordability rental requirements in accordance with 6. RECORD AND REPORTS The RECIPIENT must submit to the HOME CONSORTIUM all records and reports necessary to insure the HOME CONSORTIUM'S compliance with HUD Regulations. These include, but are not limited to, copies of the documents proving the eligibility of the RECIPIENT and BENEFICIARIES, appraisals, closing statements, construction documents and costs, the race and sex of all contractors and subcontractors, proof of the prior occupancy of the REAL PROPERTY. The HOME CONSORTIUM shall require that the recipient submit quarterly reports on March 31", June 30`h, September 30, and December 31s` 7. ENFORCEMENT OF THE HOME AGREEMENT The RECIPIENT agrees to execute a Promissory Note to permit the HOME CONSORTIUM to enforce this Agreement. Failure of the RECIPIENT to comply with the terms of this agreement or the loan documents will be a default of the Promissory Note and appropriate legal actions, including foreclosure may betaken. 8. DURATION OF THE AGREEMENT This Agreement shall begin on the date first written above and shall continue through and including October 31, 2014. 9. NOTICES Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: TO CONSORTIUM: St. Lucie HOME Consortium St. Lucie County Community Services 437 North 7`° Street Fort Pierce, FL 34950 WITH COPY TO: St. Lucie County Attorney Administration Annex 2300 Virginia Ave., 3rd Floor Fort Pierce, Florida 34982 TO RECIPIENT: St. Lucie Habitat for Humanity Development Corporation 702 South 6`h Street Fort Pierce, FL 34950 10. AMENDMENTS No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for, agreement modification, ARC agrees to use said forms. 11. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal coma. WITNESSES: ST. LUCIE COUNTY HOME CONSORTIUM ATTEST: Secretary COMMUNITY HOUSING DEVELOPMENT CORP. 0 President (Seal) EXHIBIT A I. Program Description The HOME CHDO Program provides loans to non-profit organizations that qualify as a Community Development Housing Organization (CHDO) using guidelines published by the U.S. Department of Housing and Urban Development (HUD). The CHDO may use the funds to provide permanent owner -occupied housing for lower income families. The housing funds may be used by the CHDO to acquire vacant land and construct new housing, acquire and demolish a blighted structure and create new housing, or acquire and renovate existing housing. The CHDO will be expected to acquire, develop and sell the property and to identify and assist qualified buyers. Properties assisted with HOME CHDO funds must maintain affordability for a period based upon the HOME CONSORTIUM Action Plan. II. CHDO Designation To be eligible to receive HOME CHDO funding the non-profit organization must be designated as a CHDO by the Office of Housing and Community Development. Following the adoption of the Consolidated Plan, the Office of Housing and Community Development will accept applications from non-profit agencies wanting to be certified as a CHDO. To be certified, the non-profit must submit the HUD "CHDO" checklist. Non-profit agencies may submit CHDO checklists to the Office of Housing and Community Development at other times, only if the agency is requesting designation for the purpose of applying for CHDO funds from another organization, such as the Florida Housing Finance Corporation. Following a review of the information, the Office of Housing and Community Development will notify each applicant, in writing, whether the agency has met the requirements of becoming a CHDO. The agency will have the ability to appeal the decision of the Office of Housing and Community Development using the appeals process described in Section XII of these policy guidelines. III. Program Requirements All program funds must be used to create additional, permanent owner -occupied housing. All units must be sold to individuals or families that have incomes at or below 80% of the Area Median Income, as adjusted by family size. All funds must be used in compliance with the HOME Program rules and regulations. CHDO staff must submit proposed projects to the HOME CONSORTIUM for review and approval prior to expending funds. Project submissions must identify a possible homebuyer per unit. Eligible HOME CHDOs are required to provide proof of continued education for staff members administering the HOME funds. CHDOs are required to follow any new adopted HOME rulings or appropriations developed during this agreement. IV. Uses of Program Funds Funds may be used for the following eligible uses: 1. Acquisition of vacant land that will be used within 12 months for the construction of eligible units 2. Construction of new housing units. 3. Acquisition of a blighted structure that will be raised and used for the construction of new housing. 4. Acquisition of existing housing that will be renovated and sold. 5 Costs incurred by the applicant prior to the award of funds to determine the feasibility of developing the property will be reimbursed at closing provided they are eligible for reimbursement under HOME program guidelines. 6. Appraisals, surveys and other costs incurred by the applicant to determine the feasibility of developing the property will be reimbursed at closing provided they are eligible costs under the HOME program 7. Soft costs such as appraisals, surveys and closing costs related to activities which otherwise comply with these guidelines. 8. Closing costs 9. Developer's Fees (limited as described below). 10. Acquisition, rehabilitation and or construction of housing units for rental 11. Other eligible uses as approved by the Director of the St. Lucie County Community Services Department. V. Eligible Properties All properties assisted with HOME CHDO Funds must be located in the unincorporated areas of St. Lucie County, Martin County, or Indian River County and have potable water, sewer or septic and utilities available. If public water and/or sewer are available to the site, the property must connect to the public supply. The non-profit agency must be able to obtain fee simple title to the property. The property may not be tenant occupied and if the property contains a housing unit that was built before 1978, any rehabilitation must comply, with the federal lead based paint regulations. No property may be purchased from the person or entity that will develop the property or any person or entity related thereto. VI. Maximum Assistance Per Unit The maximum amount of HOME CHDO Funds that may be spent on any housing unit is the maximum amount permitted under the HOME program rules. ViI. Developer's Fee In recognition that the non-profit will incur expenses to develop housing and will need to be paid for these services, the Office of Housing and Community Development will pay the successful non-profit agency a developer's fee. The developer's fee will be paid at the rate of 10% of the HOME award for housing developed with HOME funds. In return for the developer's fee, the non-profit agency is expected to provide the following services: 1. Acquiring the property, using due diligence to determine if the property is buildable and eligible for HOME funding. 2. Determining the type of home that will be built on the site 3. Providing the neighborhood association, if one exists, with information about the proposed project. 4. Supervising the construction of the home 5. Identifying the buyer for the home. 6. Identifying a suitable lender who will make the IA mortgage on the property 7. Arranging for the sale of the property The schedule for the payment of the developer's fee will be disbursed at the completion of the project. The receipt of a developer's fee is at the option of the applicant. The fee may be used to pay for the cost of administering the program or to purchase additional eligible housing. X. Compliance with the HOME Consortium Action Plan The CHDO is responsible for understanding the HOME Rule, FY 2012 HOME Appropriation Requirements and the HOME CONSORTf1JM Action Plan. XIV. Construction Management The non-profit agency will be responsible for the administration of the construction contract. The non-profit will execute all documents necessary to acquire the property, all construction contracts and issue the notice of commencement. The non-profit agency will inspect the construction and make decisions on the quality of work and approve all construction payments. All requests for payment from the contractor must be submitted to the non-profit for payment. Successful non-profit agencies should be encouraged to seek donations for materials and labor to reduce the cost of housing for residents. In recognition that applying for and coordinating the receipt of donations is an additional expense to the non- profit agency, the resulting savings for donated materials and labor is to be distributed as follows: • A minimum of 50% of the savings must be used to reduce the cost of the housing for the beneficiary • A maximum of 50% of the savings maybe awarded to the non-profit agency. • These funds must be used for direct housing services for lower income residents. • A maximum of $10,000 of donations may be claimed for each housing unit and the maximum credit that any non-profit agency may receive for donated materials and / or labor will be $5,000 per unit. XV. Eligibility of Beneficiaries The non-profit agency will select the beneficiaries that will purchase the units using its written criteria. In addition, the beneficiaries must have an income at or below 80% of the Area Median Income, adjusted for family size, or at the income level contained in the non -profit's application, whichever is lower and be able to obtain a first mortgage for the purchase of the property. XVI. Sale of Units All properties must be sold to eligible buyers for the appraised cost or the cost to develop the units, whichever is less. The eligible buyer may receive a subsidy to purchase the unit. The policies for the Down Payment Assistance Program will be used for this award. The subsidy will be lent at a 0% interest rate and be for a term based on the affordability period. In the event the property is sold, transferred or no longer occupied by the applicant during the affordability period, the balance of the loan will be due. Homebuyer units that are not sold within 6 months of completion of rehabilitation or construction through proof of final permit or certification of occupancy will be required to be converted to rental projects in accordance with the FY 2012 HOME Appropriation Requirements. XVII. Reduction or Termination of Awards It is the desire of the St. Lucie County HOME Consortium to insure that each funded agency is successful in meeting the needs of the residents. However, if the non-profit agency is unable to meet the timeline for the use of funds or use the funds for eligible activities, the Manager of the St. Lucie County HOME Consortium may terminate funding to the non-profit agency. Prior to terminating any funding, written notice must be provided to the agency and the agency given a period of time to correct the problem. In addition, the Manager must attempt to meet with the head of the non-profit agency and offer technical assistance to assist the agency in meeting the requirements of the program. XVIH. Administration of the Program The Manager of the St. Lucie County HOME Consortium will administer the HOME CHDO Program consistent with these policies. In the event an affected party believes that the Manager is not interpreting these policies correctly, the affected party must request a meeting with the Manager to discuss the policy in order to discuss and seek resolution on the conflict. If the affected party is unable to resolve the issue, the affected party will have the ability to appeal the Manager's decision to the St. Lucie County Community Services Director. The written appeal must be filed with the Director within 15 days of the meeting with the Manager. The affected party must, in writing, describe the issue and the reason they believe the interpretation is not accurate. The County Management Staff will consider the request, within 45 days, and make a final decision. The decision of the County Management Staff is final and may not be further appealed. XIX. Conflicts with Federal Law In the event these policies are found to conflict with federal law, now or in the future, the federal law will take precedence. The Manager of the St. Lucie County HOME Consortium is delegated to amend these policies to the extent necessary to make these policies consistent with federal law. Within five working days of making any changes to these policies, the Director must notify the County Management Staff with a description of the changes made to these policies and the reason for any changes. MAR-5-?013 10:09A FROM:ST LUCIE HABITAT 7724644377 TO:4622855 P.2/6 H090001652413 ARTICLES OF INCORPORATION OF ST. LUCIE HABITAT FOR HUMANITY CHDO, INC. The undersigned, as incorporator and on behalf of a not -for profit, non -stock corporation established under the laws of the State of Florida, hereby adopts the following Articles of Incorporation: ARTICLE I NAME Section 1.1. The name of the corporation is ST. LUCIE HABITAT FOR HUMANITY CHDO, INC. (the "Corporation"). ARTICLE 11 DURATION Section 2.2. The corporation shall have perpetual existence unless dissolved pursuant to law, ARTICLE HI NON -STOCK CORPORATION Section 3.1. The corporation shall be organized on a non -stock basis under the Florida Not for Profit Corporation Act. ARTICLE IV PURPOSE Section 4.1. The purposes for which the Corporation is organized is for transacting any and all lawful business for which corporation may be incorporated under the Florida Not for Profit Corporation Act and to distribute the whole or any part of the income therefrom and the principal thereof exclusively for charitable, religious, scientific, literary, or educational purposes, and providing safe, decent, affordable housing to low income residents, either directly or by contributions to organizations that qualify as exempt organizations under Section 501(c)(3) of the Internal Revenue Code and Regulations issued pursuant thereto, as they now exist or as they may hereafter be amended. Section 4.2, The Corporation shall have the power, either directly or indirectly, either alone or in conjunction or cooperation with others, to do any all lawful acts and things and to engage in any and all lawful activities which may be necessary, useful, suitable, desirable, or proper for the furtherance, accomplishment, fostering or attainment of any or all of the purposes for which the Corporation is organized, and to aid or assist other organizations whose activities are such as to further accomplish, foster, or attain any such purposes. Notwithstanding anything H090001652413 MAR-5-2013 10: 10A FROM: ST LUCIE HABITAT 7724644377 TO:4622855 P.3/6 IJ09000165241 3 conw* heraln to the can", the Corporation ASH exorcise only such powers as ore Aulhmoa of the exempt purposes of orpalutions at forth in S0.640A 501(ax3) Of the %WW RevanoCode of 1936 god the twiadoto thereunder As 60 samenow exist 4t-1111 they r1W to hertwer Amended from time to time. ' agdon No. pW or the net tanialS of the CoroomOoa aW. how to $sbMflt of;or be diestibutablitio. my Director of MCI` of the C0111)(HAtIOA Or JOY 611181' Pdv" MiddW (exto ep jbot masoriablitmpondon otay be pold for sarvios tendered t# or.h? *0 CorpW011 In allet; on$ Or rnare of Its p"Sal). sad no DWOr Qr Mor of the 001TOWon, or PY ;dvoto :214" #bell bs opttdad"to sbm in the dlebiWtIcttof toy of the ;OqAW" Swu 64 Mflort shell be carft= Of so" 00 44 No abeteAW pal of the, sAdvides of the CUT 044 or Otherwits attempting to ing.067" ismagano W the vorp-arsawn Sm W pwclppbs at Intervene 14 (iWudh* the pubIt"dou or alb it of gWA.me*) Any P01111cid ampelp a babaltotoWWWOote ft Public ciffim $IggIL" Tbe 0".rasl,on " &Wbula Its Income for 40h to Yea Id In& time sW In, such mwer u not to become subject to out on und W-butoti Income ImOodd by Section, 4942 of the NOW Revenue CWo of 1986, of tMOV60444 S)MV111014 Of 44Y subsequefittadodla laws. Saafts The Corporation 44 not tnpao. to my ad of AW'dadliatt AN deaced in 803flob 4,041(d) - of: the lbtaftW ROVOW CO4.4 of 19861 or oftocaft PMA110011 Of VY su*quw Word We. MgdoLdl. The Corporation shall not main mg y axom business W&W so lhAnsO is sodf"'4043(9) Of the liftaW Revenue Codi of 19$6j or 00"eapWing ptovislont of any gWnAL The Corporation shall not molOs any InVOM0.0 In such mWet a 40 subject Tr5_5_X'WW Woo 4944 of*$ Internal A&V940 Code Of 19861 or oormsoodlq PrOwdW ofeny Now"oent werai ux kwet A The Corporation ttitill not rqAp opy."Ie ft"hft a &OnW in Sedon 4 . d) of the 144mg Revenue Code of 19$6, or corresponding *V11140. of W suhmpnOWIM WX laws. oAcila 4,11, NoWthatendial any other provision of6w AWaleo of lacoMorationo N Corpomtion SW not conduct Or OUq On Any ac"ties, not poralkled to be OOWU*d of carried an by An Orwalift Wexempt froM Nation uAder Soodqn 501(oXi) of go Internal ROAM 000 210pletions Issued "ant thereto at�ay now exist or " OW may homo# be #meqde4 . or*oa orgenirAtIon contributions to wItIob me Osduadble under 11 . Won 170(0)(2) Hof the internal 14vinue Code end idd.Rapladow ds they upw odst or a they may haroafter be, 0MCA" 2 1109060102113 MRR-5-2013 10:1OR FROM:ST LUCIE HABITAT 7724644377 TO:4622855 P.4/6 H0900016:52+413 Saetlon J.411.. Upon the dissolution ofdu Corp mttoo, the Rood oMmectoo ebalf, After p11y14 otmaklptl pmAdonfor the pAytaant of all of the 1141110a of lht Corp ma"'. dt"'Of ei1 of taw t attti of the Cotpotadon, exotwtyaly foe the purposes of the orporaden tR tatolt totutaot, or to stash. o,ryltdzsttoa or orypti tdow orgsalmd end operated. ettaluelvely !or Chatttablotet) M410nal, f491.00, or soleoti8opuvwovw "Awl at the dintRw ily as en:06no. oryrsWOA or olswisdoae undn $$PNon $01(W) of the Lttomal Revenue Cade of til (or .the poaosptwA�ti ptovtebnaof u►Y Amara ttattted<dl 8tetaa Gttetnal ltevenua taw). to din Hoartlo! t5lraotors sf u1l dioerintatt. Aay of taieb t4ntr sot w dlspotad of dull' bt disposed of by tits pews bavlaglaopor Juthallotlat !n drs eatmby when nut priaorpal etilpo aGthtt Carpetadoa to sites I'ooAper, pxalurively'%e sash pttrpoeot or to atwb organtratlon ar otyaolzadpna, w aaW apart aheil det6etpiatlr wldob see argani�ed sad opanbd exotlutvsiy ;toe nicb,ptupoaat. A Tjc1X V M11'St IRR Tbs seta Member of the .Corparadoa shall. be 9t. Wola Habilat Cot munt4w. Inc. aVOft eorpetwtion, AA7iCLIZ V1 AYAIxC1`OM Al$&I LL The ttfrbirt of the COV4 (hart nor wf+rnd to m 11tw 48oard") to be. Bytswa of trio .twotpoealtm, Hxoopl tie ipaoif exotolre ofrey pcWots ar Aodt»u of Ibe Boar vote of ate lioiud,peeaaa! to a rrteedng et:whb present, The #ftfiUva vote of at law two swon:tequie tavotoofibeOwd,inaladiam ulna shall be governed by a Board, ofDiptolote voratod by the. Member to naoardanoo with the Ally tst forth to go canting In tttt 'ayl" Ou steal► toquim the apptovot thmotby a*,Wty i a quonun;of no lose Ulan two (2) Dirao(o* sm 1) blteeton SW be mcatlry 1bt All oatpotpte lut not lhwted to, the fbltowtejs 6:1.1..Ap"al of ohert4tbla pith, ttsurafint dla4ibutlops, sod giants by stet Cogwrtdonto.othar'atddw, 6,04 Adopgon ofao amuidm i%tio the Atdploa ot-koogwradon erBylawa 6.1.3. Grgard a4aa of a subsiding gr rUats by the Catpotako, fill .4'. Approval of any taw Wt eoasolidadon, or tade.or other Ir wror of au or a. agbsttititlel part Oahu mash of" Corparadom H090001652415 Q'c") COU TRgbRJJ mi JJCbbgHR)i LHLTE✓HFI 'aI.`3111 .LS7l.rl 4 tIE±S'.tCR ;'It@r�,*5.Ar11' MAR-5-2013 10:11A FRON:ST LUCIE HABITAT 7724644377 TO:4622855 P.5/6 H109000105241 I fildkii." 'Me i*O&l Boutl of'Ol"atoft shell consist of the thilowirlsindividusle; a" AbDws Sco#A..AwIfton 471 NW RxvOXw9W Lam Pon St La*, 1% 34983 Ramelyme Itsymond lathes & Asmaiat" 603 N. MIA xylt Dr. Fort Pllrcy PL 34950 naim .9 Laos 4113-C dtW Tim VOW chok Pat Plemo, FL 349" of* 6"�Wgol4 ARTAIM Vill ODPZORO itft LIx TM Oftt iddmu of the pdh*W offica of 1�ls Oorpam Floods of Flo 270,2 $.61' St. Fo#—.Plon�, FL 349S0 suffoil M 7u miduns 114dmu ork1w comoadon Is: 702 S. 0 SL Port PIwA,PL 34950 TIR &W of WrWots may, flom dma to time, move its p6nalpsi 4fflaa 14 the sW or FIOM4 to WOO plw In d6 state. 4 11100000102413 r a a =Tan &.J ff MAR-S-2013 10:11A FROM:ST LUCIE HABITAT 7724644377 TO:4622855 P.6/6 14090001652413 ARTICI,R M OtGiSTN1rRMAMWANDItlGGi13T R10OPFIC19 Seems lho t%6tered q at end teYim and oMoa of the. Carparidon shell be. xas 13rUoex AlNmff hy,lr, ARMCL$ IX AMTtNAMNT S.0.0 OW& Ave., gWl#24 >:ott:PJerce,l'I. 34912 'Those Artielet+ of iaeorpontipe may b4 ettteeded Lt the end wiib tAe vote _piovidsd.- .. pride 14W.end the Hylews of -the Corporetlon, ARTICIA X 11YLAWS gavoroet Ar M C'o Tbs o o d 0 Dhefl be of ft #poMooll 1h%U ad* �Pyjwj for tho ti the an1kWPf'the,'tWted States end the Step of flodds. 7�he 8y(aws may bae ' time to Omby the goard ofDlreolom ARTICLI XI INCORPORATOR W il.b", r" Aetna AM edAm of dte laporpontor at this Cmpotetlott w in. kwu um Smo R. Abomo Gy, It, $00 VitsWa Avo., SW.to 202 Fort Pletoa, FL 34941 1N W1YNE9S i1FRf}OF the Weruived ineorpor w bet exeoutdd these Aidolis.of ineotparattlettlh(e ,( diy. of_ /�v______ loot. ROiCOMRATO 8rtke ells lr. 5 H090001651413 64.'j MTMaasaj 1JCw4a lel am 315rT1 1S 11JtW4 #4pl :om ot=-A.nnr AGENDA REQUEST ITEM NO. VI-E3 DATE: 3119113 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Diana Wesloski SUBMITTED BY: Community Services/Housing Division Housing Manager SUBJECT: Approval to reject Invitation to Bid (ITB) No. 1 under State Housing Initiative Partnership (SHIP) and Residential Construction Mitigation Program (RCMP) grants BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 185012-5420-583000-500-SHIP 001452-5420-583000-500-RCMP PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to reject and re -bid SHIP/RCMP ITB No. 1 COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures County Attorney ( ) OMB Director tE Budget Analyst Originating Dept. ( ) Daniel S. McIntyre Beth Ryder Purchasing Sou Marie ^ouin Sophia Holt Desiree Cimino Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director FROM: Diana Wesloski, Housing Manager UI "" DATE: 03/19/2013 SUBJECT: Approval to reject Invitation to Bid (ITB) No. 1 under State Housing Initiative Partnership (SHIP) and Residential Construction Mitigation Program (RCMP) grants ITEM NO. VI-E3 Backaround: On February 3, 2013 ITB No. 1 was advertised for numerous rehabilitation items for a single family, homeowner occupied residence. A mandatory walk through was held on February 8, 2013 and the bid was due on February 22, 2013. The bid received for ITB No.1 came in higher than anticipated and exceeded the budgeted amount using RCMP and SHIP funds. At this time, pending BOCC approval, it is necessary to rebid this project with a modified scope of work to replace the roof and exterior doors. Recommendation Board approval to reject and re -bid SHIP/RCMP ITB No. 1. Attachment: Tabulation Sheet St. Lucie County Housing Rehabilitation ITB #1 Bid Tab Bids Opened February 22, 2013 11:00am Contractor ITB #1 DJP General Cont. Serv. Gentile LLC $59,990.00 JJ Design $53,900.00 One Construction P & C Demolition Ram Construction $48,100.00 Sand Dollar Inc TC Enterprises AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Public Works/Engineering Division SUBJECT: Lennard Road Connection to Bromeliad Circle Design BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Road Bond 318-4113-563000-114603 PREVIOUS ACTION: N/A ITEM NO. VI-F1 DATE: 3/19/13 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) PRESENTED BY: Michael Powley, P.E. County Engineer Board approval of Work Authorization No. 1 to the Roadway and Intersection Design continuing contract (C12-05-508) with Kimley-Horn and Associates, Inc. in the amount of $96,825 for the Lennard Road Connection to Bromeliad Circle Design 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 ) Budget Analyst Daniel McIntyre Marie Gouin Originating Dept. ( x) kA Don Id West Bromeliad WA1 KH Rdwy.ag County Engineer (x) Imb Michael Powley Engineering Division MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director FROM: Michael Powley, County Engineer � V DATE: March 19, 2013 /v` SUBJECT: Lennard Road Connection to Bromeliad Circle Design ITEM NO. VI-F1 Backaround: Lennard Road has long been planned as a north -south arterial roadway situated on the east side of US-1. The County completed a Project Development and Environmental (PD&E) study in 2003, fully compliant with the National Environmental Policy Act (NEPA), that secures our eligibility for federal funds. However, in 2011 the Board agreed to hold the formal construction of these improvements in abeyance for ten years. Ahead of the construction in 2021, it is desirable to open up a second means of ingress/egress, at least for emergency service providers. The Savanna Club Home Owners Association is in support of connecting an extension of Bromeliad Circle to the Lennard Road right-of-way, as well as an extension of Lennard Road from the existing cul-de-sac by Port St. Lucie High School to the Bromeliad Circle Extension. Attached is Work Authorization No.1 (Attachment A) with Kimley-Horn and Associates, Inc. in the amount of $96,825 for Roadway and Intersection Design Services (C12-05-508) for the Lennard Road Connection to Bromeliad Circle Design. Recommendation: Board approval of Work Authorization No. 1 to the Roadway and Intersection Design continuing contract (C12-05-508) with Kimley-Horn and Associates, Inc. in the amount of $96,825 for the Lennard Road Connection to Bromeliad Circle Design and authorization for the Chairman to sign documents as approved by the County Attorney. ATTACHMENT A PROJ/PROG #114603 WORK AUTHORIZATION NO.01 CONTRACT C09-10-664 FOR CONTINUING CONSULTING/PROFESSIONAL SERVICES THIS WORK AUTHORIZATION is made as of the day of 2013 by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and KIMLEY-HORN AND ASSOCIATES. INC. hereinafter referred to as the "Consultant'. WITNESSETH: WHEREAS, on May 15, 2012 the COUNTY entered into a Consulting Agreement (Contract No. C12-05-508) hereinafter referred to as "Contract' with the CONSULTANT to provide continuing professional services for Roadway and Intersection Design; and, WHEREAS, pursuant to the Contract, the CONSULTANT is to provide the professional services as outlined in this individual work authorization; and, NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: PROJECT: The COUNTY has determined that it would like to complete a project described below: LENNARD RD — BROMELIAD CONNECTION (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 in the area of Roadway and Intersection Design for the Project under the pricing, terms and conditions of the continuing contract (C12-05-508). The services to be provided by Page 1 of 3 CONSULTANT on the Project shall be for those as outlined in the Scope of Services attached hereto as Exhibit "A" and according to the schedule attached hereto as Exhibit "C" which are attached hereto and made a part of this work authorization and incorporated herein. 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 Ninety Six Thousand Eight Hundred Twenty Five and 00/100 ($96,825 00) Dollars as further detailed in Exhibit "B". 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 December 31, 2013, as further described in Exhibit "C" 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 One Hundred Dollars 100.00 per day 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 his 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. IN WITNESS WHEREOF, the parties hereto have executed this Addendum in multiple copies, each of which shall be considered an original on the following dates. Page 2 of 3 ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: ATTEST CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: KIMLEY-HORN AND ASSOCIATES, INC. BY: Print Name: Title: Page 3 of 3 EXHIBIT A PROJECT DESCRIPTION AND SCOPE SECTION I - PROJECT LIMITS AND DESCRIPTION Professional consultant services are requested for the preparation of design survey, geotechnical investigations, public involvement participation, roadway construction plans, landscape plans and permit applications associated with the planned improvements to both Lennard Road and the Bromeliad Extension. The intent of this project is to provide a secondary vehicular access connection from the Savanna Club Planned Development (PD). Presently, the Savanna Club PD has a singular vehicular access connection to US Highway 1 via Savanna Club Boulevard. This proposed secondary access can assist in providing alternative vehicular access to the residents within the Savanna Club PD, in addition to, providing emergency services a secondary means of access. The COUNTY desires to plan, design and permit roadway improvements to Lennard Road and the Bromeliad Extension. Lennard Road is proposed to extend along the existing platted roadway right of way from the current Lennard Road terminus, adjacent to the Port St. Lucie High School, to a point approximately 900 linear feet where the roadway will connect to the proposed Bromeliad Extension. It is our understanding that the COUNTY presently desires to construct Lennard Road as a two lane divided rural section to support the vehicular connection to Savanna Club PD. The Bromeliad Extension is proposed to be constructed between the proposed improved Lennard Road and the existing Bromeliad Circle located within the Savanna Club PD, approximately 635 linear feet. Bromeliad Extension is proposed to be constructed as a two lane rural section. It is understood that access will be controlled through a gated access or a similar feature to control entry to the Savanna Club PD. The PROJECT LIMITS are projected to extend 900 feet north of the current Lennard Road terminus. The PROJECT LIMITS will also extend 600 north of Lennard Road to Bromeliad Circle along the Bromeliad Extension. The total length of improved roadway is approximately 1,500 linear feet or 0.28 miles. Bromeliad Connection C=" nap odetes, Inc. Project Scope of Services, Page 2 of 15 SECTION II - COUNTY OBLIGATIONS The COUNTY agrees to provide (in a timely manner) the following material, data, or services as required in connection with the work to be performed under this Agreement; all of which information the CONSULTANT may use and reasonably rely upon: A. Provide the CONSULTANT with a copy of all previously conducted studies, geotechnical investigations, traffic counts, preliminary data or reports available, existing location surveys, topographic surveys, and related documents. B. Provide the CONSULTANT with all available drawings, right-of-way maps, and other documents in the possession of the COUNTY pertinent to the project. C. The CONSULTANT shall not be responsible for providing right-of-way appraisal and acquisition services. D. The CONSULTANT shall not be responsible for obtaining abstracts of title and ownership and encumbrance reports for each parcel necessary for the preparation of right-of-way maps, parcel sketches and legal descriptions development. E. The COUNTY shall make provisions for the CONSULTANT to enter upon public and private property as required for the CONSULTANT to perform his services. Including access to Savanna Club SD common properties. F. The COUNTY will promptly execute all permit applications and provide application and review fees necessary to expedite the acquisition of any local, state or federal permits made necessary by the project. G. The COUNTY will pay for all permit fees. SECTION III - SCOPE OF SERVICES The CONSULTANT agrees to perform professional planning, design and related services in connection with the project as required and set forth in the following: A. GENERAL: 1. The CONSULTANT will endeavor not to duplicate any previous work done on the project. After issuance of written authorization to proceed, the CONSULTANT shall consult with the COUNTY to review the COUNTY'S Bromeliad Connection ®®®® Kimley-Horn Project Scope of Services, Page 3 of 15 ® and Associates, Inc. requirements for the project and review available data. The CONSULTANT acknowledges that they were the lead consultant associated with the Lermard Road PD&E Study. 2. The CONSULTANT will attend meetings/ conferences with the COUNTY and its representatives upon reasonable request. 3. In order to accomplish the work described under this Agreement in the time frames and conditions set forth in this Agreement, the CONSULTANT will observe the following requirements: a. The CONSULTANT will complete work on the project within the time allowed by maintaining an adequate staff of registered CONSULTANTs, draftsmen, and other employees needed to complete the work. b. The CONSULTANT will design the project in such a manner as to be in acceptable/ reasonable conformance with applicable federal, state and local laws, and shall comply with the Florida Department of Transportation's Plans Preparation Manual Design Criteria, latest edition and the Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways, latest edition . Any deviation from these standards will need to be approved by the County in writing. c. The CONSULTANT will prepare all necessary sketches and completed application forms to accompany the COUNTY'S applications for required federal, state, or local permits. d. The CONSULTANT will cooperate with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. e. The CONSULTANT will send a complete preliminary set of construction plans to any city, county, state, regional or federal regulatory agency from which a permit or other approval is required prior to final approval of the design by the County Engineer, and will coordinate the project design with all applicable agencies. f. The CONSULTANT will contact and submit a copy of the 30% construction plans to all known franchise utility companies having installations in the immediate vicinity of the proposed work and consider relocation of franchise utilities. The CONSULTANT will provide the COUNTY with necessary Bromeliad Connection ®®® ndAsso etes,lnc. Project Scope of Services, Page 4 of 15 information relative to required utility adjustments, relocations and installations and will show all known existing franchise utilities on the final design plans. g. The CONSULTANT will report the status of this project to the County Engineer upon request and hold all drawings, calculations and related work open to the inspection of the County Engineer or his authorized agent at any time, upon reasonable request. 4. The CONSULTANT will furnish copies of the drawings, specifications and contract documents, as required by the COUNTY, to material suppliers, federal, state and local agencies from whom approval of the project must be obtained. Upon bidding of the construction contract, the CONSULTANT will furnish to the COUNTY five (5) signed and sealed 11" x 17" originals of the drawings, two (2) signed and sealed 22"x34" originals of the drawings, scalable digital versions (plan sheets in Portable Document Format (PDF) and primary design files in AutoCAD .dwg version 2008) and copies of the specifications for the COUNTY to copy for prospective bidders. Additional copies beyond those identified will be provided at cost. All original documents, survey notes, field books, tracings, and the like including all items furnished to the CONSULTANT by the COUNTY pursuant to this Agreement, are and shall remain the property of the COUNTY. 5. The CONSULTANT will be responsible for producing an opinion of probable cost (OPC) estimate and reviewing and updating the OPC when scope changes occur and/or at designated milestones of the project. A Summary of Pay Items sheet shall be prepared with all required Phase 1 (30%), II (60%), III (90%) and IV (100%) Plans submittals. 6. The drawings prepared by the CONSULTANT will be of sufficient detail to permit the actual location of the proposed improvements. Negotiation for all land rights shall be accomplished by the COUNTY and/or the COUNTY'S agent, unless the COUNTY requests the CONSULTANT to perform these services in a subsequent amendment to this AGREEMENT. 7. The CONSULTANT acknowledges that preparation of applicable permits for the COUNTY'S submittal through governmental regulatory agencies is included within the scope of basic compensation for this Agreement. Any additional work required by regulatory agencies pursuant to regulations established after the date of this Agreement shall be an additional service and the COUNTY shall compensate the CONSULTANT, as approved by the COUNTY prior to commencement of any work Bromeliad Connection Project Scope of Services, Page 5 of 15 ®®/i Kimley-Horn ® and Aesodates,lne, performed. 8. If, following execution of this Agreement, the COUNTY proposes to construct the improvements in a revised phased manner which requires the preparation of plans, or the need to obtain or modify permits previously obtained, the CONSULTANT will be compensated for this effort in accordance with the approved fee schedule in a subsequent amendment to this Agreement. 9. Compensation to the CONSULTANT for basic services shall be in accordance with Exhibit B — Compensation, of this Agreement, as mutually agreed upon by the CONSULTANT and COUNTY. 110101010:7G1aNI[ONW*]EelOWN]W1XI The CONSULTANT shall provide design survey services necessary to support contemplated design and permitting activities associated with this project. This task will consist of the preparation of digital base map topographic surveys in accordance with the Florida Minimum Technical Standards set forth by the Florida Board of Professional Surveyors in Chapter 5J-17, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. The survey will include: 1. Establishment of a project wide Horizontal Control Network within the PROJECT LIMITS. This will include monumentation of the baseline of survey and location of existing right of way. 2. Establishment of a project wide Vertical Control Network within the PROJECT LIMITS. All elevations will be referenced to NAVD 1988 datum. 3. Supplemental topographic elevations along Lennard Road and Bromeliad Extension will be obtained at 50 foot increments within the project limits, extending 25 feet beyond the existing right of way. Existing residential structures fronting the proposed Bromeliad Extension will be surveyed between Lennard Road and Bromeliad Circle. The survey data will depict the finish floor elevations on buildings that are adjacent to the proposed roadway improvements. 4. All above ground improvements will be located within the topographic design survey limits. 5. A separate submittal (2-24"x36" sets)will be made to the County containing only Bromeliad Connection r]=" Klmley-Horn Project Scope of Services, Page 6 of 15 ® and Associates, Inc. the survey and right-of-way data collected to support the design improvements. C. GEOTECHNICAL INVESTIGATION: Our work scope is to complete a roadway soil survey and structure investigation following the guidelines outlined in the Florida Department of Transportation (FDOT) Soils and Foundation Handbook (2011). The following items are proposed to be incorporated into the design of the improvements: • Lennard Road construction as a 2-lane divided rural section roadway. • Bromeliad Extension construction as a 2-lane rural section roadway. • Construction of stormwater management facility (linear drainage facilities). • Security vehicular access gate to Savanna Club SD. The geotechnical study will be conducted to characterize the subsoil and groundwater conditions along the proposed roadway alignments. The geotechnical work for this project will consist of the following components: Document Review 1. Review of S.C.S. maps for native shallow soils types and groundwater conditions within the project alignment. Roadway Soil Survev 1. Exploration of the shallow subsurface conditions along the roadway alignment with soil borings using a truck -mounted drilling rig or hand -turned augering equipment. We will perform a set of three (each lane and in the median) 6-foot deep auger borings at about 100-foot centers along the roadway. One (1) Standard Penetration Test (SPT) boring will be drilled to a 20-foot depth at every 500-foot interval. 2. Groundwater levels will be measured in each of the boreholes upon their completion, and again after an approximate 24-hour period to allow the water table time to stabilize, when possible. Additionally, we plan to install 6-foot deep temporary piezometers at approximately 500-foot horizontal centers to Bromeliad Connection ❑®❑ andAssoclates,lnc. Project Scope of Services, Page 7 of 15 allow for measurement of the water table levels over a period of time to help establish the range of groundwater fluctuations. 3. Obtain two (2) asphalt pavement cores in the existing road sections (i.e. Lennard Road and Bromeliad Circle). 4. Two (2) soil samples will be collected for corrosion series testing along the alignment. 5. Two (2) samples for Limerock Bearing Ratio (LBR) testing will be obtained from existing soils along right of way. Stormwater Management Facility Locations 1. Explore the subsurface conditions at the potential stormwater management facility site with one (1) 25-foot deep SPT boring. The SPT borings which are not utilized for piezometer construction will be grout sealed after their completion. 2. Install two (2), 25-foot deep temporary piezometers to take groundwater measurements in the piezometers once per week for 4 weeks. Laboratory Testing 1. Laboratory examination (classification) of the material samples and physical property tests of same to establish their plasticity, gradation, organic content, moisture content, LBR and corrosivity. Reporting 1. Preparation and submittal of Roadway Soil Survey, as detailed in Chapter 9 of FDOT's Soils and Foundation Handbook (2011). We have assumed that the borings needed for the new alignment and stormwater facilities will be readily accessible for a conventional truck -mounted drilling rig. Our geotechnical budget does not include costs for rental of earth moving equipment to access heavily vegetated or un-level terrain areas. Therefore, we will place the borings as close as possible to the proposed roadway and stormwater facilities with the use of our truck -mounted drilling equipment. We also assume that private property owners where the proposed Bromeliad Connection ®®L] aaasatas,Inc. Project Scope of Services, Page 8 of 15 widening will be taking place will be contacted by the COUNTY regarding the field activities. D. ROADWAY ANALYSIS AND PLANS: Roadway set of plans shall consist of the following: 30% 60% 90% 1000/0 Cover Sheet X X X X Summary of Pay Items X X X X Drainage Maps X X X Typical Sections X X X X Summary of Quantities & General Notes X X X X Summary of Drainage Structures Sheets X X X Project Layout X X X X Plan and Profile Sheets 40 scale X X X X Intersection Plan & Details X X X Special Details X X X Roadway Soil Survey X X X Cross Sections at 100 ft intervals X X X Stormwater Pollution Prevention Plans X X Signing & Pavement Marking Plans (40 scale double plan) X (pavement markin s X X X Landscape Plans X X X Construction Cost Estimate and Quantities X X X X The plans will be prepared based upon English units. Design will be conducted utilizing MicroStation and Geopak. The following additional data shall be utilized for development of the plans: 1. The CONSULTANT will develop typical sections for the proposed Lennard Road and Bromeliad Connection. These sections will be submitted to the COUNTY for review and comment prior to the development of the 30% construction plans. Bromeliad Connection C]®❑ Klmley-Horn Project Scope of Services, Page 9 of 15 ® and Associates, Inc. 2. The roadway plan and profile sheets will be drawn at a scale of 1" = 40'. The plan and profile sheets will be supported by raster imagery. Raster imagery to be provided by the County. 2. The CONSULTANT shall submit roadway pavement designs. Relevant traffic count data will be made available to the CONSULTANT by the COUNTY. The Geotechnical CONSULTANT will provide recommended LBR and soil survey data to the CONSULTANT. E. DRAINAGE ANALYSIS AND PLANS: 1. Perform drainage investigations and analysis necessary to prepare a design which will drain the project in accordance with the COUNTY, South Florida Water Management District (SFWMD) and/or St. Lucie County design criteria. The work will include the engineering analyses for any or all of the following: a. Determine Base Clearance Water Elevation Analyze, determine, and document high water elevations which will be used to set roadway profile grades. Determine surface water elevations at cross drains, floodplains, outfalls and adjacent storm water facilities. Determine groundwater elevations at intervals between the above - mentioned surface waters. b. Design of Cross Drains Analyze the hydraulic design of cross drains. Document the design as required. Determine and provide flood data as required. c. Design of Roadway Ditches Design roadway conveyance ditches. This includes determining ditch cross sections, grades, selecting suitable channel lining, designing the side drain pipes, and documentation. d. Design of Outfalls Analyze and document the design of ditch or piped outfalls. Bromeliad Connection ®®® Klmley-Harn Project Scope of Services, Page 10 of 15 ® and Amdates, Inc, e. Design of Stormwater Management Facility Design stormwater management facilities to meet requirements for stormwater quality treatment and attenuation. Develop stormwater facility layout (shape, contours, slopes, etc.), perform routing calculations, and design the outlet control structure. f. Design of Storm Drains Develop a "working drainage map", determine runoff, inlet locations, and spread. Calculate hydraulic losses (friction, utility conflict and, if necessary, minor losses). Determine Design tailwater and, if necessary, outlet scour protection. g. Drainage Design Documentation Report Compile drainage design documentation into report format. Include documentation for all the drainage design tasks and associated meetings and decisions. 2. It is understood that the COUNTY will permit linear drainage features to support the proposed roadway improvements. It is anticipated that the proposed drainage facilities will reside within existing roadway rights of way. 3. A Stormwater Pollution Prevention Plan (SWPPP) will be developed in conjunction with this project. The site specific SWPPP is a requirement of both the EPA National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges from Construction Activities, and the FDEP Generic Permit for Stormwater Discharges from Construction Activities. J. PERMITTING: The CONSULTANT shall prepare permit applications to the SFWMD (Environmental Resource and Dewatering Permit) and ACOE Dredge and Fill Permit for submittal by the COUNTY. This will consist of all required evaluation, design, coordination, and follow-up work necessary to support permit applications. The COUNTY will review the permit applications as necessary. The CONSULTANT shall assemble and be responsible for the final submittal. The CONSULTANT shall prepare permit sketches for submission by the COUNTY to ACOE and SFWMD for dredge and fill activities, if necessary. The CONSULTANT shall submit all permit sketches on 8.5" x 11" sheets. Sketches shall be neatly scaled, signed and sealed, and reproducible. Bromeliad Connection C]=" and Ay -Horn es, Inc. Project Scope of Services, Page 11 of 15 K. SIGNING AND PAVEMENT MARKING PLANS: Signing and Pavement Marking plans shall include: Preparation of the plan layout, quantities (including signing and pavement marking quantity) and tabulation of quantities. Plans are to be prepared in accordance with the latest design standards and practices (MUTCD), FDOT Standard Specifications, Indexes, and shall be accurate, legible, complete in design and drawn at the same scale as the Roadway Plans, furnished in reproducible form. L. LANDSCAPE ANALYSIS AND PLANS: The CONSULTANT shall develop Landscape Plans to delineate proposed planting types, scheme development and associated preliminary costs. Upon receiving written authorization by the COUNTY to proceed, a conceptual landscape design shall be submitted with the Phase II plan submittal. The conceptual design shall include identification of opportunities and constraints associated with the project based on existing site conditions. Summary of analysis, if required, will be included with the conceptual design. Final design shall include identifying the species/type, size, location, spacing and quality of all plants. The CONSULTANT shall include a written or graphic guide for care and maintenance associated with the plant material after the warranty period. The maintenance plan will be developed in coordination with the COUNTY who will assume maintenance obligation. The Landscape Plans will be developed so as to not require an automated irrigation system. M. PUBLIC INVOLVEMENT: Public involvement intent is to inform and involve interested public officials, citizens and special interest groups in the development of this transportation project. Therefore, it is important that these stakeholders are provided an opportunity for input. Notifications associated with the workshop will generally follow the FDOT Public Involvement guidelines. To facilitate this information exchange, two (2) workshops will be conducted to present the proposed improvements to interested parties. The COUNTY will determine the meeting format, location and CONSULTANT participation. The CONSULTANT may provide all support necessary for the COUNTY to hold or participate in the Public Information Workshop. The CONSULTANT may prepare and/or provide: Bromeliad Connection ®®❑ Kim4-Horn Project Scope of Services, Page 12 of 15 ® and Associates, Im. • Handouts • Presentation graphics • Meeting equipment setup and teardown • Legal and/or display advertisements • Notification to elected and appointed officials, property owners and other interested parties. (The COUNTY will provide letterhead and envelopes) • Summary meeting notes • Briefing and debriefing of COUNTY staff. In addition to the public workshop meeting, the CONSULTANT will be required to participate in unscheduled meetings with the public, elected officials or public agencies. The CONSULTANT's participation will include presentations, note taking and summarizing the meeting in a memorandum to the file. N. CONSTRUCTION PHASE ASSISTANCE: Construction phase assistance shall be submitted to the COUNTY under a supplemental amendment, if so requested, once the construction documents have been finalized and construction duration has been determined. (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) Bromeliad Connection ®®O and Kn1Md1 orn Associat ® es, Inc. Project Scope of Services, Page 13 of 15 EXHIBIT B COMPENSATION The COUNTY agrees to pay and the CONSULTANT agrees to accept for services rendered pursuant to fees in accordance with the following: A. Professional Services Fee: The basic compensation mutually agreed upon by the CONSULTANT and the COUNTY follows: Maximum Amount Not -to -Exceed Task Description Topographic Design Survey Geotechnical Investigation Roadway Analysis and Plans Drainage Analysis and Plans Permitting Erosion Control and SWPPP Signing and Pavement Marking Plans Landscape Analysis and Plans Public Involvement Grand Total Bromeliad Connection Project Scope of Services, Page 14 of 15 Fee $ 5,865 $ 5,500 $ 34,260 $ 10,250 $ 11,515 $ 3,875 $ 5,690 $ 8,950 $ 10,920 $ 96,825 ®®® Kimley-Horn ® and Amdates,lne. EXHIBIT C SCHEDULE Upon authorization to proceed by the COUNTY, final design documents are expected to take approximately nine (9) months from the Notice to Proceed (NTP). SECTION IV - TIME FOR COMPLETION NTP Phase I Submittal (30% Design Plans) Phase II Submittal (60% Design Plans) Phase III Submittal (90% Design Plans) Phase IV Submittal (Final Design Plans) Bromeliad Connection Project Scope of Services, Page 15 of 15 Upon BOCC Approval 3 months following NTP 5 months following NTP 7 months following NTP 9 months following NTP ®®® Kimley Hom ® and Associates, Inc. ITEM NO. VI-F2 DATE: 3/9 9/13 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P.E.. SUBMITTED BY: Public Works/Engineering Division County Engineer t�UD SUBJECT: South Header Canal Road at North St. Lucie River Water Control District Canal Nos. 76 and 77 Culvert Sleeving Project BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Emergency Culvert Fund 102001-3725-563000-430 PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of the Capital Improvement Program (Request #13-045) to include the culverts under South Header Canal Road at the connections of NSLRWCD Canal Nos. 76 and 77, respectively. COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Sig natures County Attorney (x) OMB Director 4 Budget Analyst Daniel McIntyre Originating Dept. (x) County Engineer Don Id West South Header Canal Road at NSLRWCD Canal 76 and Canal 77 Culvert Sleeving Project. ag (x) & Marie Gouin (x) �irC3i? Michael P{— owley Engineering Division MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Directo grit" FROM: Michael Powley, County Engineer ) kip DATE: March 19, 2013 SUBJECT: South Header Canal Road at North St. Lucie River Water Control District Canal Nos.76 and 77 Culvert Sleeving Project ITEM NO. VI-1`2 Backaround: During a routine inspection, two culverts under South Header Canal Road (south of Okeechobee Road) were identified as candidates for additional evaluation due to their corroded condition. These culverts allow North St. Lucie River Water Control District (NSLRWCD) Canal Nos. 76 and 77 to drain into Header Canal (No. 80). Subsequently, the County retained Underwater Engineering Services to complete an underwater video and pipe condition assessment of each of the culverts. The evaluation identified that the pipes are still structurally sound but that the ongoing corrosion has reduced the thickness of the walls of the pipes. While not an emergency at present, it is time to begin planning their rehabilitation. These pipes were not previously identified as deficient and are not included in the current Capital Improvement Program (CIP) project list. Attached is CIP Request #13-045 which will incorporate these canals into the current list (Attachment A). Recommendation: Board approval of modification of the Capital Improvement Program (Request #13-045) to include the culverts under South Header Canal Road at the connections of NSLRWCD Canal Nos. 76 and 77, respectively. :,ATTACHMENT A ST. LUCIE COUNTY B.O.C.C. CAPITAL IMPROVEMENT PROGRAM CAPITAL PROJECT SUMMARY .:, ^k.. 6i.� ,''k• y .2 2 i+�Yt` 1S S 3 ' { % 5 fn X. 1 t iy £: b ]`e 3s`" i" I MUMS ' r ,n �sTz� Header Canal Road at Canal No 76/77 h'IsI( tiE, 1336091��="'„ 4 �•st'-:"c �. +}v''- yam' S� -`. t '£ �i --sCs" kn 3F ^�, i c-�SvS„.s'::u, 2,_•. r ;e— P•°,.5 �._ ' b ['n'-{ •Tc. :� � ex; �'.-*i' R^k TA?uf�_'`s"r.�.+sk'1...>.r.�#p�i�� P M:: �Sj. .['t �'i" "E; Y— `H'y;'"£�� "&.* i MR Public Works p " ^ ERA - Engineering { .'^..`'£^T.y 2il(x � Mike Powley � 1 ,3 k $� "'...� €"�:*$' S T�`N, jv :t 'S .✓- .3. �."} d' F��`uu�Vi �31"�'z �` yea. Ap(�Q a�`i <" Y€(��„5? �9„��= 33.[ Efi' s Y.tr iS ii 2 =y e--"`"it'Ai➢�z`-� rv^`+� �� 'F. -SRaF' 4 L i-y+i f `t `� ks , k u«. f �L1 t fix, �b j '£3# 'f' Yr sS Z E}a, sro A 4 9✓ � k'is g��i! i- P N" j R 'G 2'4Tc S }M&O bI^ k`4 Z.3 Y ,':e,-,F' r/�y� 3 Y °t�hA I1d3itm D�SCYtP S �"-y {S fR4 (kR k 49 CA-M Sleeving of Culvert at Header Canal Road and Canal No. 76, lss MF to -� `2z g : fi 4 Krra' a• 4f suPi:+v7ts `�,,' .t�;sy j•'i a �-(" H { .. iRb .[Y+4 u�{bd ��s� �r_�a�„� �Y�� : �"��4>[,'��'s�Q9 1``60 U9Q��'-"� ��}'"-�� € ^-� a,-- � � x" " • �9 � �11D Ak,_.';.,.r..i�."'� 0' L! Li tip�g5 S K c➢k S. Y Ay .. 4ila�' j ' ,p a--➢4s � k 'A-cc-?h`��§�.,.,,...� _3`.�" xz �"�^� �._ .}GY vttA`�33'Ln�'w�.x 6£aic�'.'��:3Fil£ {, A.,.ki S_ Y __ 4 %_�h. -- 3e ' 102001 -Drainage MSTU 160,000 160,000 �wFt Q 01 d 'Yi � € i • M�� I `a�+S+z ^ 3` i... r.5Ti6S-"'.--` r� F ✓j� Vl}j �`(� �.' ri.3.'s /� S _�- (� € � �t�. '�[ _ -�uA.F �'� , � Y��V �. i$± �YYf .Ye."_�k ➢`s`r.'�S', H T�'f Y 9Sa��-4 'k.' Vi`"3Ei 4 0 liy��S'' ��,�`i3t4}�,'�0.s �� y) y �".T.,sd3.S ` r ie 'E'3... �a` -Y➢ [ b & - P q „ti c'��o ��`�53.�� `sue' �i `i%—�•�,v p��+��''"�$kE�i� x%t�,`€.��,.- ��,� �"F" ��5-�.. R:- ,� 13 045 ( � 102001 3725 563000 `� 133609 v, AGENDA REQUEST ITEM NO. VII-A DATE: March 19, 2013 REGULAR[] PUBLIC HEARING [ x ] CONSENT[] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY[DEPT]: County Attorney Katherine Barbieri Assistant County Attorney SUBJECT: Ordinance No. 13-012 - Establishing procedures for processing requests for reasonable accommodation pursuant to Title II of the Americans with Disabilities Act and the Fair Housing Act from the County's unified Land Development Code. BACKGROUND: See attached memorandum No. 13-0261. PREVIOUS ACTION: Permission to advertise was granted by the Board of County Commissioners on February 5, 2013 for public hearings before the Planning and Zoning Board and the Board of County Commissioners. A public hearing was held before the Planning and Zoning Board on February 21, 2013 wherein a recommendation was made to forward Ordinance No. 13-012 to the Board of County Commissioners with a recommendation for approval. RECOMMENDATION: No action is required at this time. A second reading ofthe proposed Ordinance is scheduled for Tuesday, April 2, 2013 at 6:00 p.m. or as soon thereafter as may be heard. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED [ J OTHER: Faye W. Outlaw, MPA County Administrator, ICMA-CM Review and Aoorovals [X] County Attorney: Planning & Development Services Director Danie S, McIntyre Mark Satterlee INTER -OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Barbieri, Assistant County Attorney C.A. NO: 13-0261 DATE: March 19, 2013 SUBJECT: Ordinance No. 1"12 -Establishing procedures for processing requests for reasonable accommodation pursuant to Title 11 of the Americans with Disabilities Act and the Fair Housing Act from the County's unified Land Development Code. Attached is an Ordinance adopting Reasonable Accommodation procedures for St. Lucie County to consider requests for reasonable accommodations under Title II of the Americans with Disabilities Act and the Fair Housing Act. Federal law requires local governments to have a formal procedure in place for Individuals with disabilities. This ordinance will ensure the County is compliant with federal law. Permission to advertise was granted by the Board of County Commissioners on February 5, 2013 for public hearings before the Planning and Zoning Board and the Board of County Commissioners. A public hearing was held before the Planning and Zoning Board on February 21, 2013 wherein a recommendation was made to forward Ordinance No.13-012 to the Board of County Commissioners with a recommendation for approval with one addition to paragraph 8. The Planning and Zoning Commission amended the ordinance to clearly state if the applicant were to take any action while enforcement is in abeyance, it would be at the Applicant's risk. RECOMMENDATION /CONCLUSION: No action is required at this time. A second reading of the proposed Ordinance is scheduled for Tuesday, April 2, 2013 at 6:00 p.m. or as soon thereafter as may be heard. Respectfully submitted, KB/cb Kath a arbled Encl. Assistant County Attorney I:\M H DrH,\A¢end,M..-X6-0M.I 01]LtPublkHodry..,d ORDINANCE NO.13-012 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY CREATING SECTION 7.10.30 REASONABLE ACCOMMODATION PROCEDURES PURSUANT TO TITLE II OF THE AMERICANS WITH DISABILITIES ACTAND THE FAIR HOUSING ACT; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On August 1,1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 2. On Thursday, February 21, 2013, the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in St. Lucie News Tribune at least 10 days priorto the hearing and recommended that the proposed ordinance be approved. 3. On March 19, 2013, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in St. Lucie News Tribune on March 8, 2013. 4. On April 2, 2013, this Board held Its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune on March 21, 2013. 5. "Reasonable Accommodation" is a statutorily established method by which an individual who is disabled and/or handicapped (as those terms are defined in Title 11 of the Americans with Disabilities Act and/or the Fair Housing Amendments Act, hereafter "disabled"), or a provider of services to the disabled qualifying for reasonable accommodations underthe referred statutes, can requesta modification or alteration in the application of a specific Code provision, rule, policy, or practice, to them. 6. The proposed accommodation sought by the disabled individual must be reasonable and necessary to afford such person an equal opportunity to use and enjoy housing. 7. The County does not have reasonable accommodation procedures which have been codified within the County's Land Development Code, but the County has received one request for a reasonable accommodation. 8. The County intendsto considerthe pending reasonable accommodation request underthe guidelines contained herein and the adoption of this Ordinance shall apply retroactively to the pending request for a reasonable accommodation. St uckMiengh passages are deleted. -1- Underlined passages are added. 9. The County hereby desires to adopt within the County's Land Development Code, reasonable accommodation procedures that will permit disabled individuals (or qualifying entities) to request reasonable accommodations and, where appropriate, based on the facts and law, to receive reasonable accommodations. 10. The County intends these reasonable accommodation procedures to be applicable to the County's ordinances, rules, policies, practices and services so as to afford a disabled person the opportunity to use and enjoy a dwelling, including, without limitation, the regulations pertaining to the definition of "family" contained in the St. Lucie County Land Development Code. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO READ AS FOLLOWS, INCLUDE: Section 7.10.30 REASONABLE ACCOMMODATION PROCEDURES 1. This section implements the policy of St Lucie County for Processing of requests for reasonable accommodation to its ordinances, rules policies and procedures for persons with disabilities as provided by the Federal Fair Housing Amendments Act (42 U.S.C. 3601 et Sea) ("FHA") and Title II of the Americans with Disabilities Act (42 U.S.C. Section 12131, et. Sea.) ("ADA").For purposes of this section a "disabled" individual or Person is an individual that qualifies as disabled and/or handicapped under the FHA and/or ADA. Any person who is disabled (or qualifying entities) may request a reasonable accommodation with respect to the County's land use or zoning laws rules policies practices and/or procedures as provided by the FHA and the ADA Pursuant to the procedures set out in this section 2. A request byan Applicant for reasonable accommodation underthis section shall be made in writing by completion of a reasonable accommodation request form, which form is maintained by (and shall be submitted to) the Planning and Development Services (PD&S) Department The reasonable accommodation request form shall be substantially in the form set forth in Section 10 below. 3. Should the information provided by the disabled individual to the County include medical information or records, including records indicating the medical condition, diagnosis or medical history of the disabled individual, such individual may, at the time of submitting such medical information request that the County, to the extent allowed by law, treat such medical information as confidential information of the disabled individual. The County shall thereafter endeavor to provide written notice to the disabled individual, and/or their representative. of any request received by the County for disclosure of the medica I information or documentation. which the disabled individual has previously requested be treated as confidential by the County. The County will cooperate with the disabled individual to the extent allowed by law, in actions initiated by such individual to oppose the disclosure of such medical information or documentation, but the County shall have no obligation to initiate Prosecute or pursue any such action or to incur any legal or other expenses (whether by retention of outside counsel or allocation of internal resources) in connection therewith. and may comply with any judicial order without prior notice to the disabled individual. Shuck t' aug' passages are deleted. -2- Underlined passages are added. 4. The County Administrator, or his/her designee, shall have the authority to consider and act on requests for reasonable accommodation, after notice and a hearing to receive any additional information from the applicant. When a reasonable accommodation request form has been completed and submitted to the PD&S Director, it will be referred to the County Administrator, or designee,for review and consideration. The County Administrator, or designee, shall issue a written determination within forty-five (45) days of the date of receiot of a completed application and may in accordance with federal law. (1) grant the accommodation reauest (2) grant a portion of the request and deny a portion of the request and/or impose conditions upon the grant of the reauest or(3)denvthe request, in accordance with federal law. Any such denial shall be in writing and shall state the grounds therefor. All written determinations shall give notice of the right to appeal. The notice of determination shall be sent to the requesting party (i.e., the disabled individual or his/her representative) by certified mail return receipt requested If reasonably necessary to reach a determination on the reauest for reasonable accommodation. the County Administrator. or designee, may, prior to the end of said forty-five (45) day period reauest additional information from the requesting party, specifying in sufficient detail what information is required The requesting party shall have fifteen (15) days after the date of the reauest for additional information to Provide the requested information. In the event a reauest for additional information is made, the forty-five (45) day period to issue a written determination shall no longer be applicable, and the County Administrator, or designee, shall issue a written determination with thirty (30) days after receipt of the additional information. If the requesting party fails to provide the requested additional information within said fifteen (15) day period, the County Administrator, or designee, shall issue a written notice advising that the requesting party had failed to timely submit the additional information and therefore the reauest for reasonable accommodation shall be deemed abandoned and/or withdrawn and no further action by the County with regard to said reasonable accommodation reauest shall be required. 5. In determining whether the reasonable accommodation reauest shall be granted or denied. the requesting party shall be required to establish that they are protected under the FHA and/or ADA by demonstrating that they are handicapped or disabled, as defined in the FHA and/or ADA Although the definition of disability is subject to judicial interpretation, for purposes of this ordinance, the disabled individual must show: (1) a physical or mental impairment which substantially limits one or more major life activities: (ii) a record of having such impairment: or (ill) that they are regarded as having such impairment Next, the requesting party will have to demonstrate that the proposed accommodations being sought are reasonable and necessary to afford handicapped/disabled persons equal opportunity to use and enjoy housing. The foregoing (as interpreted by the Courts) shall be the basis for a decision upon a reasonable accommodation reauest made by the County Administrator, or designee, or by the Board of County Commissioners in the event of an appeal. 6. Within thirty (30) days after the County Administrator's, or designee's, determination on a reasonable accommodation reauest is mailed to the requesting party, such applicant may appeal the decision. All appeals shall contain a statement containing sufficient detail of the grounds for the appeal. Appeals shall be to the Board of County Commissioners who shall, after public notice and a public hearing render a determination as soon as reasonably practicable, but in no event later than sixty (60) days after an appeal has been filed. 7. There shall be no fee imposed by the County in connection with a reauest for reasonable accommodation under this section or an appeal of a determination on such reauest to the Board of County StseekiMeegi passages are deleted. "3- Underlined passages are added. Commissioners and the County shall have no obligation to pay a reauesting Party's for an appealing Party's, as applicable) attorneys' fees or costs in connection with the reauest or an appeal 8. While an application for reasonable accommodation or appeal of a determination of same is pending before the County, the County will not enforce the subject zoning ordinance rules policies and procedures against the Applicant. However. should the applicant proceed with any property Purchase building, construction. or other work associated with establishing a project or residence housing individuals covered by the Americans with Disabilities Act or the Fair Housing Act while an application or appeal for reasonable accommodation is vending. the Applicant understands that any of these actions are done at the Applicant's own risk because the application or appeal may be denied 9. The following general provisions shall be applicable: ll The County shall display a notice on the County's webpage (and shall maintain copies available for review in P&Z. the Building/Permitting Division, and the City Clerk's Office) advising the public disabled individuals (and qualifying entities) may reauest reasonable accommodation as Provided herein. (b1 A disabled individual may apoly for a reasonable accommodation on his/her own behalf or may be represented at all stages of the reasonable accommodation process by a person designated by the disabled individual. (c1 The County shall provide such assistance and accommodation as is required pursuant to FHA and ADA in connection with a disabled Person's reauest for reasonable accommodation including without limitation, assistance with reading aoplication questions responding to questions completing the form, filing an appeal. and appearing at a hearing etc., to ensure the Process is accessible 10. Reasonable Accommodation Request Form: 1. Name of Applicant: Telephone Number: 2. Address: 3. Address of housing or other location at which accommodation is reauested• 4. Describe qualifying disability or handicap: 5. Describe the accommodation and the specific regulation(s) and/or orocedure(s) from which accommodation is sought: 6. Reasons the reasonable accommodation may be necessary for the individual with disabilities to use and eniov the housing or other service: SNael,t! eugh passages are deleted. '4- Underlined passages are added. 7. Name, address and teleohone number of representative if applicable: 8. Other information: 9. Signature of disabled individual or representative ifaoplicable oraualifyin¢entity PART B. CONFLICTING PROVISION. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART D. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. Ifthis ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304, PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. SNpelt th augh passages are deleted. -5- Undedined passages are added. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Tod Mowery XXX Vice Chair Frannie Hutchinson XXX Commissioner Chris Dzadovsky XXX Commissioner Paula Lewis XXX Commissioner Kim Johnson XXX PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Land Development Code, and the word ordinance may be changed to section, article, or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts C through J shall not be codified. PASSED AND DULY ADOPTED this day of ATTEST: Deputy Clerk .2013. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney lit, ekMreugk passages are deleted. -6- Underlined passages are added. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VII-B DATE: March 19, 2013 REGULAR [ ] PUBLIC HEARING [ x ] CONSENT[ ] PRESENTED BY: Katherine Barbieri Assistant County Attorney SUBJECT: Code Enforcement Cases - Unsightly and Unsanitary Conditions - Causing Serious Threat to Public Safety: Case No. 74969 - 6204 Deleon Avenue, Fort Pierce - Public Nuisance - Excessive overgrowth of weeds. Case No. 74968 - 8408 Fort Pierce Blvd., Fort Pierce - Public Nuisance - Excessive overgrowth of weeds. Case No. 74732 - 380 Midway Road, Fort Pierce - Public Nuisance - Excessive overgrowth of weeds. BACKGROUND: See attached memorandum CA No. 13-0300 PREVIOUS ACTION: CONCLUSION: Staff recommends that the Board authorize Staff to abate the violations by mowing and maintaining the Properties at all three locations for excessive overgrowth of grass and weeds and place liens on the Properties for the cost. COMMISSION ACTION: [ ] APPROVED [ j DENIED [ j OTHER: Faye W. Outlaw, MPA County Administrator, ICMA-CM Review and Approvals q/ =s [Xj County Attorney: W [XI Building & Code Regulations Mgr Daniel S. McIntyre Moni i raziani INTER -OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Barbieri, Assistant County Attorney C.A. NO: 13-0300 DATE: March 1, 2013 SUBJECT: Code Enforcement Cases - Unsightly and Unsanitary Conditions - Causing Serious Threat to Public Safety: Case No. 74969 -6204 Deleon Avenue, Fort Pierce - Public Nuisance - Excessive overgrowth of weeds. Case No. 74968- 8408 Fort Pierce Blvd., Fort Pierce- Public Nuisance - Excessive overgrowth of weeds. Case No. 74732 - 380 Midway Road, Fort Pierce - Public Nuisance - Excessive overgrowth of weeds. St. Lucie County has received code compliance complaints from neighbors regarding the above referenced properties (the "Properties") all located in Fort Pierce, Case No. 74969 - 6204 Deleon Avenue, Fort Pierce The Property was cited by Code Enforcement on January 25, 2013 in Case No. 74969. The Property was found to be In violation of Section 1-9-32(D) Public Nuisance of the St. Lucie County Code and Compiled Laws. It was requested that the owner mow and maintain the entire property for excessive overgrowth of grass and weeds. The conditions have created a public health safety and unsanitary nuisance on this Property. (See photographs attached). Case No. 74968 - 8408 Fort Pierce Blvd., Fort Pierce The Property was cited by Code Enforcement on January 8, 2013 in Case No. 74968. The Property was found to be in violation of Section 1-9-32(D) Public Nuisance of the St. Lucie County Code and Compiled Laws. It was requested that the owner mow and maintain the entire property for excessive overgrowth of grass and weeds. The conditions have created a public health safety and unsanitary nuisance on this Property. (See photographs attached). Case No. 74732 - 380 Midway Road, Fort Pierce The Property was cited by Code Enforcement on January 8, 2013 in Case No. 74732. The Property was found to be in violation of Section 1-9-32(D) Public Nuisance of the St. Lucie County Code and Compiled Laws, It was requested that the owners mow and maintain the entire property for excessive overgrowth of grass and weeds. The conditions have created a public health safety and unsanitary nuisance on this Property. (See photographs attached). As of February 6, 2013, the properties have not been abated. On February 6, 2013, the Code Enforcement Board issued an order to Staff to bring the properties to the Board of County Commissioners, as they found the properties to present a serious threat to public safety. Section 162.09 Florida Statutes providesthat the Code Enforcement Board mayorderStaff to notify the Board of County Commissioners when theyfeel the violations present a serious threat to the public health, safety and welfare. The County may make all reasonable repairs which are required to bring the property into compliance and charge the violator. Making such repairs does not create a continuing obligation on the part of the Countyto make further repairs to or maintain the property. Staff is requesting authorization to have the grass mowed and place a lien on all three properties for the cost. RECOMMENDATION/CONCLUSION: Staff recommends that the Board authorize Staff to abate the violations by mowing and maintaining the Properties at all three locations for excessive overgrowth of grass and weeds and place liens on the Properties for the cost. KB/cb Encl. I:\C6 H Dd .e KB-A4endeMenm{edeC .,74966,6%a 4191.w,d Respectfully submitted, 1l%/ Katherine Barbieri Assistant County Attorney BOARD OF COUNTY COMMISSIONERS WARREN D. HEMMINGER RENAE KALUO HEMMINGER 1650 SW DUCLAIR AVE PORT ST LUCIE, FL 34953 REFERRAL TO THE ST LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS POSTED Case Number: 74969 PLANNING & DEVELOPMENT SERVICES 1/25/2013 1. Pursuant of Article III of Chapter 1-2 of the Code of Ordinances of Saint Lucie County, Florida, you are hereby notified of the following, on January 15, 2013, the undersigned officer inspected the following property: 6204 Deleon Ave Ft. Pierce, FL 34951 Tax ID number: 1301-612-0110-000/0 Legal description: Please see attached Violation description: Please see attached 2. The inspector has reason to believe a violation or the condition causing the violation presents a serious threat to the public health, safety, and welfare and the violation is irreparable or irreversible in nature. Therefore, this matter is scheduled for a public hearing before the St. Lucie County Code Enforcement Board on 2/6/2013, at 9 AM in the Commission Chambers of the St. Lucie County Annex Building, 2300 Virginia Avenue., Fort. Pierce, Florida. The Board encourages your attendance. 3. At the public hearing, the Code Enforcement Board may order staff to notify the Board of County Commissioners, which may order all reasonable repairs be made which are required to bring the property Into compliance and charge the violator with the reasonable cost of the repairs along with the fine Imposed pursuant to this section. The cost of the repairs may become a lien upon the real or personal property of the violator. The Board may impose additional fines to cover cost incurred in enforcing the codes. 4. If you correct the violation(s) prior to the hearing date or require a copy of the Code Enforcement Board Rules and Regulation, contact the St. Lucie County Code Enforcement Division at (772)462-1571, Method of delivery: Posted Atencion: Documento importante con respecto a sus derechos y responsabilidades. Si usted no comprende ingles consiga traduccion inmediatamente. 2300 Virginia Avenue, Fort Pierce, i iil Florida 34982 Planning and Development Services (772) 462-1571 FAX(772-462-1148 BOARD OF COUNTY PLANNING & COMMISSIONERS DEVELOPMENT SERVICE REFERRAL TO THE ST LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS 5. Notice: All proceedings before the St. Lucie County Enforcement Board, St. Lucie County, Florida, are electronically recorded. Any person who decides to appeal any action taken by the Enforcement Board at this meeting will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon request of any party to the proceedings, Individuals to fying during a hearing will be sworn in. Any party to the proceeding will be grante opportunity oss examine an Individual testifying during a hearing upon request. Written comny received In nce of public hearing will also be considered. Code Compliance Phone:(772)462-1571 Fax,(772)462-1148 THIS IS THE ONLY NOTICE YOU WILL RECEIVE. Atencion: Documento importante con respecto a sus derechos y responsabilidades. Si usted no comprende ingles consiga traduccion inmediatamente. 2300 Virginia Avenue, Fort Pierce, Florida 34982 Planning and Development Services (772) 462-1571 FAX (772-462-1148 Violations found on case 74969 Ordinance 1432 ( D) SLC C&CL PUBLIC NUISANCE Finding EXCESS OVERGROWTH OF GRASS AND WEEDS. PLEASE MOW AND MAINTAIN THE PROPERTY INCLUDING ALL OF THE BACK YARD, Frlflay, January 25, 2013 Page 1 of Property Appraiser - St.Lucie County, FL Page I of i - PROPERTY RECORD CARD Warren D Hemminger Record: 1 of 1 <<Pmv Next» Spec.Assmnt Taxes Exemptions Permits Home Print Property Identification Site Aridness: 6204 Oe:39EAve yclEq� 1301-612-0110-0OOA `rho Sec/Town/Range: 01 :348 :39E Account AcoSunt s: 2887 Map ID: 13/018 RS-4 Zoning: RS-4 Use Type: SF Rea CSyJCnty: St Lucie County Ownsrshlp and Mailing Logal DescrlpIton Owner. Warren D Hemminger Renee Kelilo LAKEWOOD PARK -UNIT to- ELK 122 LOT 30 (MAP -13101 S) (OR Hemminger 202841) Address: 1650 SW Dudair Ave Port 91 Lude FL 34953 Sale$ Information Asse$$ment2012 Total Land and Building Date Price Code Deed BooldPage 2012 Final: 47800 Land Value: 7300 Acres: 0.37 7120006 171500 00 WD 2628/0041 Amend; 47800 Building Value: 405M 11/26/1991 55000 00 PR 0786/0319 A9.Credit 0 Finished Area: 1044 SgFt 4/111977 30500 00 CV 026711474 Exempt: 4/1/1977 30500 00 CV 0234 / 1474 Taxable: Taxes: 967.07 BUILDING INFORMATION Exterior Features View: - RoofCover. SD • Dim Shingle RooBlMct: GA - Gable ExtType: HD+•HD+ Yearall: 1973 Frame: - Grade: D+ -D+ EffYrBlt: 1977 Pdmewel: WS-Wood/Shealh Storftht: 0010.1 Story No.Unlls: 1 SecWall: - Interior Features BedRooms: 3 Electric MIX -MAXIMUM PrminiWaIv. DW-Drywal FullBath: 2 HeatType: FHA •FvxIHolAlr AvgHVFI: 1/2Bath: 0 HealFuel: ELEC- Electric Prm.Flors: CU-Carpet %A/C: 100 %Heated: 10D %Sprinkled: 0 Special Features and Yard Items Land Information Type Y/S Ory. Units Oual. Cone, Wall. No. Use Type Type Measure Depth OWC - Driv-Concrel Y 1 760 AV AV 1973 1 0700-SF Rea BI-Front Ft 121.7 131 FEN4 - CHAINLINK 4' Y 1 138 AV AV 2006 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT 16 SUBJECT TO CHANGE AND IS NOT WARRANTED http://www.pasle.org/paslc/pre.asp?prelid=130161201100000 1/25/2013 BOARD OF COUNTY COMMISSIONERS EMORYJ BAILES III JENNIFER BAILES 8408 FORT PIERCE BLVD PORT ST LUCIE, FL 34951 PLANNING & DEVELOPMENT SERVICES REFERRAL TO THE ST LUCIE COUNTY BOARD OF COUNTY COMMISSIONER! 1/25/2013 POSTED Case Number: 74968 1. Pursuant of Article III of Chapter 1.2 of the Code of Ordinances of Saint Lucie County, Florida, you are hereby notified of the following, on January 15,2013 the undersigned officer inspected the following property: 8408 FORT PIERCE BLVD FORT PIERCE, FL 34951 Tax ID number: 1301-608-0131-000/0 Legal description: Please see attached Violation description: Please see attached 2. The inspector has reason to believe a violation or the condition causing the violation presents a serious threat to the public health, safety, and welfare and the violation is irreparable or irreversible in nature. Therefore, this matter Is scheduled for a public hearing before the St. Lucie County Code Enforcement Board on 2/6/2013, at 9 AM in the Commission Chambers of the St. Lucie County Annex Building, 2300 Virginia Avenue., Fort. Pierce, Florida. The Board encourages your attendance. 3. At the public hearing, the Code Enforcement Board may order staff to notify the Board of County Commissioners, which may order all reasonable repairs be made which are required to bring the property into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to this section. The cost of the repairs may become a lien upon the real or personal property of the violator. The Board may impose additional fines to cover cost incurred in enforcing the codes. 4. If you correct the violation(s) prior to the hearing date or require a copy of the Code Enforcement Board Rules and Regulation, contact the St. Lucie County Code Enforcement Division at (772)462-1571. Method of delivery: Posted Atencion: Documento Importante con respecto a sus derechos y responsabllldades. Si usted no comprende ingles consiga traduccion inmediatamente. 2300 Virginia Avenue, Fort Pierce, Florida 34982 Planning and Development Services (772) 462-1571 FAX (772-462.1148 2300 Virginia Avenue, Fort Pierce, Florida 34982 Planning and Development Services (772) 462.1571 ICOUNTY FAX(772-462-1148 BOARD OF COUNTY PLANNING & COMMISSIONERS DEVELOPMENT SERVICE REFERRAL TO THE ST LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS S. Notice: All proceedings before the St. Lucie County Enforcement Board, St. Lucie County, Florida, are electronically recorded. Any person who decides to appeal any action taken by the Enforcement Board at this meeting will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon request of any parry to the proceedings, individuals testifying during a hearing will be sworn In. Any party to the proceeding will be granted an opportunity t ross examine an individual testifying during a hearing upon request. Written comments received in 4y nce of public hearing will also be considered. Cyhii Swartzel ' " O Cdde Compliance Phone: (772) 462-1571 Fax;(772)462-1148 THIS IS THE ONLY NOTICE YOU WILL RECEIVE. Atenclon: Documento importante con respecto a sus derechos y responsabilidades. Si usted no comprende angles consiga traducclon inmediatamente. 2300 Virginia Avenue, Fort Pierce, Florida 34982 Planning and Development Services (772) 462-1571 FAX (772-462-1148 Violations found on case 74968 Ordinance 1-9-32 (D) SLC CBCL PUBLIC NUISANCE Finding EXCESS OVERGROWTH OF GRASS AND WEEDS. PLEASE MOW AND MAINTAIN THE PROPERTY INCLUDING ALL OF THE BACK YARD. Friday, January 25, 2013 Page 1 of I Property Appraiser - St.Lucie County, FL Page 1 of 1 PROPERTY RECORD CARD Emory J Bailee III Record: 1 of 1 <<Prev Next» Spac.Assmat Taxes Exemptions Permits Home Print Property Identillcatfon Site Address: 0408 Fort Pierce Blvd ParoellD: 1301-00"131.000-0 Vt1C1E/y,. Sec(rowntRange: 02:34S:39E Account* 2117 Map ID: Zoning: RS�4 RS-4 Use Type: SF Rea CIry/Cnry: St Ludo County Ownership and Mailing Legal Description Owner: Emory J Belles III Jennifer Belles LAKEWOOD PARK -UNIT 8- BLK 03 LOTI (MAP 13/02N) (OR 2270- Address: 0408 Ft Pierce Blvd 451) Fort Plerce FL 34951-3411 Sales Information Assessment2012 Total Land and Building Date Pdoe Code Deed BooWPage 2012 Final: 51900 Land Value: 55DO Acres: 0.26 (IM12005 130000 00 WD 3/10/1998 6350D 00 WD 2270/0451 Assessed: 61900 Building Value: 40400 1131 12635 Ag.Cred t: 0 Finished Area: 1420 SgFt Exempt: Taxable: Taxes: 1050.02 BUILDING a, Exterior Features View: - RoofCover. ExtType: HC--HC- YearBtt: Grade: C- -G. EffYrBh: StoryHghh 0010. 1 Story NO.Units: Interior Features BedRooms: 3 Eleclrlc: FullBalh: 1 HealType: 1/213ath: 1 HeatFuel: %A/C: 10D %Heated: Special Features and Yard Items Type Y/S Cty. Unlis Oual. Cond. Yra9. FENS - CHAINLINK V Y 1 158 AV AV 2005 TN - Metal 1973 1973 1 MX - MAXIMUM FHA - FrcdHotAlf ELEC - Electric 100 Land Information No. Use Type 1 010DSF Res RoofStruct: Frame: PdmeWall: Sedwall: PrmintWall: AvgHUFI: Prm.Flors: %Sprinkled: GA - Gable BS - CB Stucco DW - Drywall STD CU- Carpel 0 Type Measure Depth BI -Front Ft 90 137 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED. hup://www.paslc.org/pasic/prc.asp?prclid=130160801310000 1 /25/2013 USE NO. 749" F _ �g W } y ifY Y✓ i s i - @• Y M f � ♦'l x� tS Jt, I �T pM:'� �' �1+f f _ , s. BOARD OF COUNTY COMMISSIONERS REFERRAL TO THE ST LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS MIDWAY COMMERICAL PARK LLC 1065 BELLE MEADE ISLAND DR MIAMI, FL 33138 PLANNING & DEVELOPMENT SERVICES 1/8/13 Case Number: 74732 1. Pursuant of Article III of Chapter 1-2 of the Code of Ordinances of Saint Lucie County, Florida, you are hereby notified of the following, on JANUARY 8, 2013, the undersigned officer inspected the following property: 380 MIDWAY RD FORT PIERCE, FL 34982 Tax ID number: 3403-502-0047-000-8 Legal description: Please see attached 91 7108 2133 3938 5229 8996 Violation description: Please see attached 2. The Inspector has reason to believe a violation or the condition causing the violation presents a serious threat to the public health, safety, and welfare and the violation is irreparable or irreversible In nature, Therefore, this matter Is scheduled for a public hearing before the St. Lucie County Code Enforcement Board on 1/8/13, at 9 AM In the Commission Chambers of the St. Lucie County Annex Building, 2300Virginia Avenue., Fort. Pierce, Florida. The Board encourages your attendance. 3. At the public hearing, the Code Enforcement Board may order staff to notify the Board of County Commissioners, which may order all reasonable repairs be made which are required to bring the property into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to this section. The cost of the repairs may become a lien upon the rea I or personal property of the violator. The Board may Impose additional fines to cover cost incurred in enforcing the codes. 4. If you correct the violatlon(s) prior to the hearing date or require a copy of the Code Enforcement Board Rules and Regulation, contact the St. Lucie County Code Enforcement Division at (772)462.1571. Method of delivery: CERTIFIED Atencion: Documento importante con resp�derechos y responsabilidades. Sl usted no comprende ingles consiga traduccion Inmediatamente. 2300 Virginia Avenue, Fort Pierce, Florida 34982 Planning and Development Services (772) 462-1571 FAX (772-462-1148 Violations found on case 74732 Ordinance 1-9-32 (0) SLC C&CL PUBLIC NUISANCE Finding EXCESSIVE OVERGROWTH OF GRASS AND WEEDS. PLEASE MOW AND MAINTAIN THE ENTIRE PROPERTY. Tuesday, January 08, 2013 Page I of Property Appraiser - St.Lucie County, FL Midway Commerical Park LLC Record:I of 1 Property Identification Site Address: 380 E MIDWAY RD SWowMiangs: 03 :30$ :40E Map ID: 34103N Zoning: CG Ownership and Mailing Owner. Address: Boles Information Dole Price e/2B/2006 10270DD 7/19/1896 8600D Page 1 of 1 PROPERTY RECORD CARD prev Next » 6peo.Aaamnl Taxes Exemptions Permits Home Print ParcesID: 3403.502.0047-000-8 Account 0: .38986 Use Type: S OitylCnry: St Lucie Lurie County ANA Legal Description Midway Commonest Park LLC WHITE CITY SID 03 3640 LOT 27-LESS E 66 FT AND LESS N 50 FT 1066 Salle Meade Island Or FOR OR DITCH AND LESS E 50 FT OF W4 AC Miami FL 33136 Mort.. Asssaament2012 Total Land and Building Code Deed BooklPage 2012 Final: 423500 Land Value: 35940D Acres: 2.70 00 SP 2603/0736 Assessed: 42350D Sulldln9Vakre: 64100 00 WD 1026/2570 All.Credik 0 Finished Area: 1660 SgFI Exempt: Taxable: Taxes: 067.95 . BUILDING f �N t 4 WW e1.Y N.e N.q W i W Exterior Features View: - RoofCover. FS- FlbrgW Shp RoofBWct: GA -Gable ExlType: STRL-STORE LOW YearSR: 1010 Frame: - Gnarls: Y C-CommerC Effri08: toss PnmeVvell: HL-Hardwood Lap StoryHghl: 0020-2 Story No.Unds: SeeWell: Interior Features BedRooms: 0 Electric" AV -AVERAGE PrminfNa2: DW- Drywall Fu2Bath: 1 HeatType: - AvpHUFi: STD 12Bath: 0 HeatFuel: ELEC- ElecMc Prm.Flors: HW-Hardwood %AIC: 100 %Heated: 100 %Sprinkled: 0 Special Features and Yard Items Land information Type Y/S Qty. Units Qual. Cord. YFOR. No. Use Type _ Type Measure Depth CNC1- CONCRET HIGH Y 1 1000 AV AV 1997 1 1100-STOR•ISTR 225-S(IFeelRate 119790 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED hvfn•/Aovrm naclr nrn/naeleA rr aen9nrr-liri=ld(135lT7f)0A?nnnQ 1 /l/Onl a AGENDA REQUEST TO: BOARD OF COUNTY SUBMITTED BY(DEPT): County Attorney ITEM NO. VII-C DATE: March 19, 2013 REGULAR [ ) PUBLIC HEARING [ x ] CONSENT[] PRESENTED BY: Katherine Barbieri Assistant County Attorney SUBJECT: Code Enforcement Cases - Unsightly and Unsanitary Conditions - Causing Serious Threat to Public Safety: Case No. 75369 - 2683 Cherokee Ave, Fort Pierce - Public Nuisance - Excessive overgrowth of grass and weeds; and Exterior Property Maintenance Code - Unsecured windows and doors. Case No. 75401 - 818 Camino Street, Port St. Lucie - Public Nuisance - Excessive overgrowth of grass and weeds. See attached memorandum CA No. 13-0340 PREVIOUS ACTION: CONCLUSION: Staff recommends that the Board authorize Staff to abate the violations by mowing and maintaining the Properties at both locations for excessive overgrowth of grass and weeds, and secure the windows and doors from unintended entry at 2683 Cherokee Avenue, Fort Pierce, and place a lien on both Properties for the cost. [ ] APPROVED [ ] DENIED [ J OTHER: Faye W. Outlaw, MPA County Administrator, ICMA-CM Review and Approvals _ [X] County Attorney: [X] Building & Code Regulations Mgr Daniel S. McIntyre Monic razianl INTER -OFFICE MEMORANDUM COUNTY ATTORNEYS OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Barbieri, Assistant County Attorney C.A. NO: 13-0340 DATE: March 19, 2013 SUBJECT: Code Enforcement Cases - Unsightly and Unsanitary Conditions - Causing Serious Threat to Public Safety: Case No. 75369 - 2683 Cherokee Ave, Fort Pierce - Public Nuisance - Excessive overgrowth of grass and weeds; and Vacant Structures and Land - Unsecured windows and doors. Case No. 75401- 818 Camino Street, Port St. Lucie - Public Nuisance - Excessive overgrowth of grass and weeds. St. Lucie County has received code compliance complaints from neighbors regarding the above referenced properties (the "Property") located in St. Lucie County. Case No. 75369, 2683 Cherokee Avenue. Fort Pierce - The Property was cited by Code Enforcement on February 8, 2013. The Property was found to be in violation of Section 1-9-32(D) Public Nuisance of the St. Lucie County Code and Compiled Laws; and Section 13.09.00 of the St. Lucie County Land Development Code, Exterior Property Maintenance Code. It was requested that the owner mow and maintain the entire property for excessive overgrowth of grass and weeds and secure the windows and doors from unintended entry. The conditions have created a public health safety and unsanitary nuisance on this Property. (See photographs attached). Case No. 75401, 818 Camino Streeet, Port St. Lucie - The Property was cited by Code Enforcement on February 8, 2013. The Property was found to be in violation of Section 1-9-32(D) Public Nuisance of the St. Lucie County Code and Compiled. it was requested that the owner mow and maintain the entire property for excessive overgrowth of grass and weeds. The conditions have created a public health safety and unsanitary nuisance on this Property. (See photographs attached). As of March 6, 2013, the properties have not been abated. On March 6, 2013, the Code Enforcement Board issued an order to Staff to bring the properties to the Board of County Commissioners, as they found the properties to present a serious threat to public safety. Section 162.09 Florida Statutes provides thatthe Code Enforcement Board may orderStaff to notifythe Board of County Commissioners when theyfeel the violations present a serious threat to the public health, safety and welfare. The County may make all reasonable repairs which are required to bring the property into compliance and charge the violator. Making such repairs does not create a continuing obligation on the part of the Countyto make further repairs to or maintain the property. Staff is requesting authorization to abate the violation by mowing and maintaining the Property at this location for excessive overgrowth of grass and weeds, secure the windows and doors from unintended entry, and place a lien on the Property for the cost. RECOMMENDATION/CONCLUSION: Staff recommends that the Board authorize Staff to abate the violations by mowing and maintaining the Properties at both locations for excessive overgrowth of grass and weeds, and secure the windows and doors from unintended entry at 2683 Cherokee Avenue, Fort Pierce, and place a lien on both Properties for the cost. Respectfully submitted, KB/cb Katherine Barbieri Encl. Assistant County Attorney I:\CB H Udw\K5'h** vMvmo W*U"753W.Wpd I 91 71.99 9991 7031 6249 6246 BOARD OF COUNTY PLANNING & COMMISSIONERS DEVELOPMENT . SERVICES .. REFERRAL TO.THE ST LUCIE COUNTY BOARD OF COUNiY•COMMISSIONERS VR. ENTERPRISES. LLC 2/8/2013: 3302 MEADOW LN' FORT PIERCE, FL34947 Case Number: 75369 .1. Pursuant of Article III of Chapter 1-2 of.the.Code of Ordinances of Saint Lucie County, Florida, You are hereby notified of the following on February 8, 2013, the undersigned officerinspected the 'following property: 2683 CHEROKEE AVE FORT. PIERCE, FL 3494fi Tax IDnumber. 1428-702-1084-000/1 Legal description: Please see attached Violation description: Please see attached 2. The Inspector has reason to believe a violationorthe condition causing the violation presents a serious threat to the public health, safety, and.welfareand theviolationas Irreparable or irreversible in nature. Therefore, this matter is scheduled.for a public hearing before the St. Lucie County Code Enforcement Boardon.3j6/2013, at 9 AM in the Commission Chambers ofthe St. Lucie County Annex Building; 2300 Virginia Avenue.,. Fort. Pierce, Florida. ,The Board. encourages your attendance, 3. At.the.public hearing, the Code Enforcement Board may order staff to notify the Board of. . .County Commissioners, which may order all reasonable repairs be made which are required to bring the property into compliance and charge the violator with the reasonable cost of'the repairs along with the fine imposed pursuant to -this section. The cost of -the repairs may.become a lien upon -the real or. personal property pf the violator. The board may impose additional fines to cover costancurred in enforcing the code's. - 4. If you correct the viblation(s) prior to the hearing date or require a copy of the Code Enforcement Board Rules and Regulation, contact the St. Lucie County Code Enforcement Dlvislon at (772)462-1571. Method of delivery:CERT.IFIED , Atencion: Documento importante con respecto a sus derechos y responsabilidades. Slusted no comprende ingles consiga traducclon.inmediatemente. 2300 Virginia Avenue, Fort Pierce, Florida 34992 Planning and Development Services (772) 462-1571 FAX (772-462-1148 `. 1 BOARD OF COUNTY PLANNING & COMMISSIONERS COUNTY DEVELOPMENT a SERVICES REFERRAL TO THE ST LUCIE COUNTY BOARMOF COUNTY COMMISSIONERS 5. Notice: All proceedingsbefofe the St. Lucie County Enforcement Board, St. Lucle'County, ' Florida, are electronically recorded. Any person who decides to appeal any action taken by the Enforcement Board at this meeting will need a record of the proceedings, and for such purpose may need to ensure that verbatim recordofthe proceedings is made. Upon request of any party to the proceedings, individuals testifying during a hearing will be sworn in.' Any party to the proceeding will be granted an opportunity to cross examine an individual testifying during a hearing upon request. Written comme celved'In ante of -public hearing will also be, considered L Swartzel Code Compliance . Phone:.(772)462-1571 Fax;(772)462 1148 THIS IS THE ONLY NOTICE YOU WILL RECEIVE. Atendon: Documento Jmportante con respects a sus.derechos yresponsaliRldades. Si usted.no comprende ingies consiga traduccion inmediatamente: Virginia Avenue, Fort Pierce, Florida 34082 Planning and Development Services (772) 462-1571 FAX (772-462-1148 Property Appraiser - StLucie County, FL Page 1. of i PROPERTY RECORD CARD' VR Enterprises u.O. Record: 1.011- tpreV Next" . - Spac.Atemmt Taxes. Exemptions pemdb Home Print Property Identification - - SheAddreaa:. - 26BSCho MIM AVB - ParcetiD: - 1428.702.1084.000.1 11>G5 Secrrown/Rande: 33:34S AGE Account#: 9801 Map ID: Use Type: NFL cis C RM4 Zoninp:' RM9 CIIyATMWrde y: .�oumy - Ownership end Mailing - - - Lead Description . . Owner VR Erderprltee LLC .SAN LUCIE PLAZA SO -UNIT ONE. ev 51 LOTS 2 AND 3 (MAP Address: 3302 Meadow Ln 14133N) (OR 2283-031:2333.1ea 2788-20a6) :Fort Pknce FL 34B47.8331 . . . Sala Information ,' .... ..Ateuamnd2012 Total LendandBuilding ". '..'[....._ .. Date, price Code Deed BooklPape 2012 Final;. " 28800 Land Value: 4800 Acres:-0.32 WO12007 100 01 QC 2785/2005 Aswaeed: 28800 -Bulldlrp Value: 23000 - 0/17I2005 Isom. 00 WD - 2283/0931 Ap.Credlt 0 Finished Area:. IBM SciFt - 8/1012001 - .65000 00 - .TR 1442/2812 Exempt: 11/4/1487 100 "01 QC 1442/2807 Taxable: 111/11188 -100 01 CV 0570/2584. Tom: 682.64 - - 12M/1887 54500 . 00 CV 0570/2443 - 1211M984. - 78600 . 00 Cv X51/0133 . OM11983 0 111 'CV - 04461.0457 2/111080 50000 00 CV 0326/1442 - - - BUILDING. INFORMATION Extorter Features - view:. - _ - RoolCover. SA • Asph SKpie' Rodisi uct: GA- GaWe E)dType: " . MFH-M.F. LOW RIS Yeareit 1880 - Frame: Grade: - - D-D Ell" 1862 .. Primewall: BB -CB Sfucoo . StorMght Doi0-1 Story No.Units: 2 _ .- WaO; - IntariorFesWres BldRooms: 2 - Electric: AV -AVERAGE PmilhWalt - OW•Drywall Fulliath: 2 - Hearrype: FHA - FrddHofAlr . AvpHOFI: - STD 1/2Bam: 0 HeelFuel: ELEC- Electric - Pmr.E10K: CU-Carpet %Heated: ` 100 . %Sprinkled: " 0 . . Bit"I pastures and Yard Mama " Land Information Type .W)S Oty. VnIa Oual. Cenci. Yr&t. No. We Type. Type Meaeura' Depth ' 1 0800 4-F <10V - 226"-Front F1 100 " 140 THIS INFORMATION IS BELIEVED TO BE. CORRECTAT SPAS TIME BUT IT IS SUBJECT TO CHANGE AND le NOT WARRANTED. http://www.pasle.org/paslp/prc.asp?prelid=14287021084000'1 2/8/2013 ! �'mb ,y .] �'4 f[-�s �5.4��y1E�J 4y/ ,, •. �1 yV [ ! :f��t��{)p� :ey.� �2 '�..✓ � X S- I "k. }„" � 4 f r7 i • it & i r } a T�Ck' imAY AV - Oil uk . 4°�i�. Yr • .ter , � ' �1'yx'. ',.��'�. .. 4 1r..Y�11 fi r ey �" (��ll� ;e'r�. _�� i k 5; I� 11f I o�a �r Sd/. ..... _, i. n � '�r,�� '.. -x� t;g �S ESL �� ,a f,, r, r" f�2 .�', tcs- I. 4t✓,:. ,` 1 �. � 1 s�" ��r-�--�,,,.,., z } � _ i �' � +4 � r I BOARD OF COUNTY PLANNING & COMMISSIONERSJCOUNTYDEVELOPMENT 1. • R SERVICES REFERRAL TO THE ST LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS JANE K GREASEL (EST) 818 CAMINO 5T 2/12/2013 PORT ST LUCIE, FL 34953 Case Number:'7S401 1. Pursuant of Article III of Chapter 1-2 of the Code of Ordinances of Saint Lucie County, Florida, you are hereby notified of the following, on FEBRUARY 21, 2013, the undersigned officer inspected the following property: 818 CAMINO ST PORT ST LUCIE, Fl.34953. TaxID number: 3419-515-0181-000-8 Legal description: Please see attached Violation description: Please see attached 2. The inspector has reason to believe a violation or the condition causing the violation presents a serious threat to the public health, safety, and welfare'and the violation is irreparable or irreversible in nature. Therefore, this matter is scheduled for a public hearing before the St. Lucie County Code Enforcement Board on 3/6/0, at 9 AM in the Commission' Chambers of the.St. Lucie County Annex Building, 2300 Virginia Avenue.; Fort. Pierce, Florida. The Board encourages your attendance. 3. At the public hearing, the Code Enforcement Board may order staff to notify the Board of County Commissioners, which may order all reasonable repairs be made which are required to bring the property into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to this.section. The cost of the repairs may become a Iten upon the real or personal property of the violator. The Board may impose additional fines to cover incurred in enforcing the codes: 4. If you correct the violations) prior to the hearing date.or require a copy of the Code' Enforcement Board Rules and Regulation; contact the St. Lucie County Cade Enforcement Division at (772)462-1571. Method of delivery:CERTIFIED I 91 7199 9991 7031 6235 9664 Atenclon: Documento importante con respecto a sus dereehos y responsabilidades. Si usted no comprende ingles consiga traduccion inmediatemente.. 2300Virglnia Avenue, Fort Pierce, Florida 34992 Planning and Development Services (772) 462-2571 . FAX (772-462-1148 BOARD OF COUNTY PLANNING & COMMISSIONERS TY j DEVELOPMENT SERVICES REFERRAL TO THE ST LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Si Notice: All proceedings before the St. Lude County Enforcement Board, St. Lucie County, Florida, are electronically recorded.. Any person who decides to appeal any action taken by the Enforcement Board at this meeting will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon request of any party.to the proceedings, individuals testifying during. a hearing will be sworn in. Any.party to the proceeding will be granted.an opportunity, to cross examine an. Individual testifying during a hearing upon request Written comments received in advance of public hearing will also -be considered.: . nnnn--nn / MELISSA BRUBAKER Code Compliance phone: (772) 462-1571 Fax, (772)462-1148 THIS IS THE ONLY NOTICE YOU WILL RECEIVE. Atenclon: Documento importante con respecto a sus derechos y responsabilidades. S1 usted no comprende ingles consiga traducdon inmedlatamente.. 2300 Virginia Avenue, Fort Pierce, Florida 34982 Planning and Development Services (772) 462-1571 .FAX (772462-1148 Property Appraiser - St-Lucie.County, FL Page i of I PROPERTY RECORD CARD flans K Qn%sa4l (E8T). Record: l of 1 «P.m .Next» 81Heo.Asomrrt Taxes Exemptions Pares Home Prim Property Identification _ Site Addreesr. 818 NE Camino at 6 PWosIID:Sec34Y9315-0181-00041 owMtenga: 2286 :40E . Accounts!: 42249 - Map t Map ID: 941225 Use Type: SF Res Zdning: R8 4 - C1ty/Cmy: St LucieCounty - Omorship and Molling Legal Descrip8gn Ovnrer. Jane K Gressel (EST) - RIVER PARK -UNIT 3• BLK27'LOT 6 (MAP M26) (OR 1271.2617) Address, 818 NE Ceminost Port SB Lucie FL 34952.1442 _ - Boles lnfomatlion - - - Asaesment2012 Total Land and Building Date Price Code DOW 11111/1BB8 6BB00- 00 'NA ScoldPage 2012 Pool: 48400 Lend.Velue: .8400 Acros:.0.22 /2bi7.Assessetl: :1271 5f10I19B7 1Go - 04 OC -. 42642 Building Value: 30060 - 1078/1609. Ag,Grodit . 0 Finished.Ams: 1284SgFt 419/1907 - 100 .01. WD .107012460 Exempt:. 26600 - - 311119773550D . 00 CV 020511921 Taxable; 17142 - - _ Taxes: 34610 - - BUILDING Exterior Pastures - Vim: RoolCmr.. 86-Dim Shingla RoolSUuet GA•Oe01e ExrTYPe; HC-HC Yesrelt .1976 Fmmsi - Grads: 0.0 E8Yr811; 1977 PBmemil: BS-CB Slum StmyHgMi _ 0010-YStory No.Uni* 1 - Sacmil, Interior Faster" BsdRoorns: 2 .. '�Electric: MX•MAXIMUM PrminMal: -DW-brywau Fu4Betht 2 Heariype: FHA. FrodHolAlr AvgHUFk 1/2Bath; _ - 0 HeatFuei: - ELEC=Electric PnnFlom: CU-Ceryet %AIC:. 160 %Heated: 100 %Sp*Wed: 0 Special Features and Yard Gams Lama lmomdBon ,Type Y/S Qty. Unit Qual.. Cond. Yr8d, No. Use Type . Type Measure Depth DWC - Onv-Coocrel Y 1 600 AV AV 1976 1 0100SF Rea . 215 -Front A 75 ISO THIS INFORMATION IS BELIEVED TO BE.CORRECT AT THIS TIME BUT IT IS SUBJECT TocHANGE AND IS NOT WARRANTED hq://www.pasic.org/pasim/pm.asp?prcUd=341951501.810008 2/12/2013 MOSQUITO CONTROL DIST ICT MOSQUITO CONTROL DISTRICT www.co.st-lucie.fl.us www.stiucieco.org Iflfi'I�iEiliiiYifi111fii�I3iilililililliilli��ilfili1�Y111YI{iriii11i1111f1llilflElrlli'Iiilllflflii�ftlliflfiiiilililllfiiifiliiiiif�fllf6ilfiiifii(Ii�lifl'i�inYllii'Ihirfiii�fYl'111iIi1ir11iillillillbli11iI111Yiii�1 Tod Mowery, Chairman District No. 2 Kim Johnson, Vice Chairman District No. 5 Chris Dzadovsky District No.1 Paula A. Lewis District No. 3 Frannie Hutchinson District No. 4 MINUTES Approve the minutes from the February 19, 2013 meeting. IL GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 21, 22, 23 and 24. B. MOSQUITO CONTROL & COASTAL MANAGEMENT SERVICES Approval of Budget Resolution No. 13-003 Consider staff recommendation to approve Budget Resolution No. 13-003 for a St. John's River Water Management District grant in the amount of $35,000 and authorize the Chairman to sign the resolution as approved by the County Attorney. 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 record 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 swom 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 Safety & Risk Managerat (772) 462-1783 orTDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. E E U Q cc LLI z F Z v on CH O VI G J 0 LL J O Z F- 7 Z z O Q W 0 0 = cr o w O O H � co a) r T C al i +•' O 'C o M 3 y m 1 L V a v° V al i m T m u V +' i O Y n C m C n m Q Y a Q N LL m Y m '> u C p a L ai c m t a+ o LL C O ya Vl W CO L C 3 t V1 W � E OL C+' c y O. K U a)O y Lo 0 Ma Mo o• W 0 u V)i L H T C C i C C a)U y ° a c E 3 > T u a) N' p, w ++ �, O O 3 0 > C U U p 0 3 - 3 m 0 7 C V E to a) O u = C V) m O. L C o m �i m u L_ pm N r L O ar cM, C Y s m o co g :� c at L a y �_ 0 O m Y v a O tn T .E }I V ` Y L `! o m 3 O. oao02Uo ti4 c v a E M H O N Vi rl m 3 c m v L E w w d J c E a) LA Y ~ O z_ a CL z W Q z z W in z Q 5 as a, rl mt c c L N a+ m m + y •3 O .O O z O LL 1 d Q1 c C N m OL p + Z p 'V1 N Ln O m s O m p w 0 O p m Q N 'C O c O i O 0 O m al + O + p ON O O `� z Y N Z} O 0 O c c o N ro p ro by 3 + O _ c D o Z ID nc m Z N •N K bA O E ~ U N o a o m w � 0p a)coc U E w w N co 0 _ a) m a ++ N 'y0— L N �� O' N a) E _OD 0 o >U y w > a) 7 ++ E O. N m Y `p m a) txo O-p m C U O Q m C a+.+ O = •L O O' 0 O a c0 ar v O +T+ o. W L al Q Fes- Y m U Q m FL- r4 N ci a c v L ai = bD m+ 3 �.5i Ln cr .n O O a L N E O O 0 y Z n to C m CL m C Ol E L U 7 C m O L Nm = yL C::C > C a O a m L1.1 GJ C +' N T m E m m L o v C Q N L N Y A L O L m = a c L U Q ai a + rl m C m a bo O .0 O 0 U v1 C m -0 a) O U m L + Q y N � Z Q a 0 Y a u0 m N m Q N C L a a)O p> Q U m Q u Q a T L 0 C Q. C UJ OJ m C m O ° c 0 v m a> E c t v m v 0 c Z m O m 7 N a C U m Y U m F- v 2 -00 C -a ni m m L C L o m o L a H m C m E s v t s 7 02/22/13 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST *21- 16-FEB-2013 TO 22-FEB-2013 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 5,758.62 GRAND TOTAL: 5,758.62 PAGE 1 PAYROLL 0.00 0.00 03/01/13 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #22- 23-FEB-2013 TO O1-MAR-2013 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 6,721.41 GRAND TOTAL: 6,721.41 PAGE 1 PAYROLL 33,270.98 33,270.98 140 03/08/13 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #23- 02-MAR-2013 TO 08-MAR-2013 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES PAYROLL 145 Mosquito Fund 59,253.68 0.00 146 Mosquito State I Fund 1,941.50 0.00 GRAND TOTAL: 61,195.18 0.00 100 ,EQUEST ITEM NO. III — B1 DATES----3/1-9/1.3 --- REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: MOSQUITO CONTROL BOARD PRESENTED BY: Sherry Burroughs% SUBMITTED BY: Mosquito Control & Coastal Management Mosquito Control Manager Services SUBJECT: Approval of Budget Resolution No. 13-003 BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 145-9910-599300-800 Reserves PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of Budget Resolution No. 13-003 for a St. John's River Water Management District grant in the amount of $35,000 and authorization for the Chairman to sign the resolution as approved by the County Attorney. COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Sig natures County Attorney ( ) OMB/Purchasing ( ) Director Budget Analyst Daniel S. McIntyre Heat�e—Yoat�g Originating Dept. ( ) �;� �� Other ( ) James-R. David Sherry Burroughs Marie Gouin Patty Marston Mosquito Control Services VJAEU�r t TO: Mosquito Control B rd FROM: Sherry Burroughsosquito Control Manager DATE: February 25, 2013 SUBJECT: Approval of Budget Resolution No. 13-003 ITEM NO. III-B1 Background: The St. John's River Water Management District has awarded St. Lucie County an Indian River Lagoon National Estuary Program grant in the amount of $35,000 for upland restoration activities to take place within Dollman Park Riverside. The project involves removal of exotic plants and planting natives in the natural area lying west of A1A at the Park. Dollman Park was purchased with County Save Our Coast funding, and has undergone several exotic removal efforts funded by grants in the past. This project will attempt to remove the remaining exotic vegetation and plant native species of ground cover and small shrubs, similar to the project design of Queens Island Preserve, leaving an 8- foot wide cleared path at the site designated for future development of public access. The local match is to be provided by the Mosquito Control District, which is managing the site, in the amount of $16,700. The funds are proposed to come from the District Reserves. If approved, this will leave a balance in the reserve account of $1,463,787. Previous Action N/A Recommendation Board approval of Budget Resolution No. 13-003 for a St. John's River Water Management District grant in the amount of $35,000 and authorization for the Chairman to sign the resolution as approved by the County Attorney. Coflinan pe t t RESOLUTION NO. 13-003 WHEREAS, subsequent to the adoption of the St. Lucie County Mosquito Control District budget, certain funds not anticipated at the time of adoption of the budget have become available from the St. Johns River Water Management District, as a grant in the amount of $35,000, as funding for the County to conduct removal of exotic debris and follow-up planting of native species plants for the Dollman Park Riverside Maritime Forest Restoration Project. WHEREAS, Section 129.06 (d), Florida Statutes, requires the St. Lucie County Mosquito Control District board to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Mosquito Control District of St. Lucie County, Florida, in meeting assembled this 19th day of March, 2013, pursuant to Section 129.06 (d), Florida Statutes that such funds are hereby appropriated for the fiscal year 2012-2013, and the Mosquito Control District's budget is hereby amended as follows: REVENUE 145837-6233-337630-136602 APPROPRIATIONS 145837-6233-534000-136602 St John's River Water Mgmt District Other Contractual Services After motion and second the vote on this resolution was as follows: Commissioner Tod Mowery, Chairman YXX Commissioner Kim Johnson, Vice Chair XXX Commissioner Chris Dzadovsky XXX Commissioner Paula Lewis XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED THIS 19TH DAY OF MARCH 2O13. ATTEST: $35,000 $35,000 MOSQUITO CONTROL DISTRICT ST LUCIE COUNTY, FLORIDA ME CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY OSION DISTRIC''T EROSION DISTRICT www.co.st-lucie.fl.us www.stlucieco.org iilllll�iYllliill'ilfiillYYI1�111IllYfiiililiifiliiiiiililiiiiii�iiiiiiifiliifiiiiniiillliiiiiiliiilllllillii(fiiifliifiiiiiiiil Frannie Hutchinson, Chair District No. 4 Paula A. Lewis, Vice Chair District No. 3 Chris Dzadovsky District No.1 Tod Mowery District No. 2 Kim Johnson District No. 5 MINUTES Approve the minutes from the February 19, 2013 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 21, 22, 23 and 24. B. MOSQUITO CONTROL & COASTAL MANAGEMENT SERVICES South County Beach & Dune Restoration Project Consider staff recommendation to approve of 1) Amendment No. 1 to Work Authorization No. 8 (C08-12-6330 with Coastal Technology and 2) Amendment No. 1 to FDEP Project Agreement 13SL1 and authorization for the Chair to sign documents as approved by the County Attorney. 2. South County Beach & Dune Restoration Project Consider staff recommendation to approve Change Order No.1 with Great Lakes Dredge and Dock Company, LLC, increasing the contract amount by $998,945, increasing the number of contract days to correspond to the additional work and authorize the Chair to sign documents as approved by the County Attorney. NOTICE: All Proceedings before this Board am electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record 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 Safety & Risk Manager at (772) 462-1783 orTOD (772) 462-1428 at least forty-eight (48)hours prior to the meeting. 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LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #21- 16-FEB-2013 TO 22-FEB-2013 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 6,306.34 GRAND TOTAL: 6,306.34 PAGE 1 PAYROLL 0.00 0.00 03/01/13 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #22- 23-FEB-2013 TO 01-MAR-2013 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 130,009.84 GRAND TOTAL: 130,009.84 PAGE 1 PAYROLL 6,747.22 6,747.22 141 03/08/13 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #23- 02-MAR-2013 TO 08-MAR-2013 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 2,960.25 0.00 GRAND TOTAL: 2,960.25 0.00 101 ITEM NO. III-131 DATE: 03/19/13 QUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: EROSION DISTRICT BOARD PRESENTED BY: Richard A. Bouchard, P.E. SUBMITTED BY: Mosquito Control & Coastal Management Sr. Coastal Engineer Services SUBJECT: South County Beach & Dune Restoration Project BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 184217-3710-531000-36203 (FDEP Grant — South County Beach) PREVIOUS ACTION: See attached memorandum RECOMMENDATION: Board approval of 1) Amendment No. 1 to Work Authorization No. 8 (C08-12-633) with Coastal Technology and 2) Amendment No. 1 to FDEP Project Agreement 13SL1 and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coord ination/Sig natures County Attorney (x) 17 OMB Director Budget Analyst Contract Coordinator Daniel S. McIntyre �1 i Originating Dept. ( x) James R. David Erosion District Marie Gouin Patty Marston Melissa S�niiAmberlund (x)ii Richard A. Bouchard AGEND331.S000UNTY Mosquito • a • Coastal Management ..Erosion District MEMORANDUM TO: Erosion District Board THROUGH: James R. David, Mosquito Control & Coastal Management Services Director FROM: Richard A. Bouchard, P.E., Sr. Coastal Engineer iuT DATE: March 19, 2013 SUBJECT: South County Beach & Dune Restoration Project ITEM NO. III-81 Background: The Florida Department of Environmental Protection (FDEP) administers the Florida Beach Erosion Control Program (FBECP), which provides funding annually to assist eligible local governments with their beach erosion control projects. On October 2, 2012, the Board approved FDEP Project Agreement No. 13SL1 (C10-01-015) providing state funds for construction and monitoring services related to the South County Beach and Dune Restoration Project. The Board also approved Work Authorization No. 8 (C08- 12-633) with Coastal Technology to provide engineering services associated with construction oversight and permit compliance for this same project. The amendment to the Project Agreement with FDEP provides for a reallocation of construction funds between the mitigation reef and beach project to accurately reflect actual contract amounts. Both the FDEP Project Agreement and the Work Authorization with Coastal Tech are also being amended to depict a change in the number of days anticipated for construction oversight for each project based upon the schedule provided by each Contractor. These amendments have no impact on the overall contract amount. Previous Action: October 2, 2012 - Board approved FDEP Project Agreement 13SL1 for the South County Beach Project. October 2, 2012 - Board approved of W.A. #8 with Coastal Technology. Recommendation: Board approval of 1) Amendment No. 1 to Work Authorization No. 8 (C08-12-633) with Coastal Technology and 2) Amendment No. 1 to FDEP Project Agreement 13SL1 and authorization for the Chair to sign documents as approved by the County Attorney. Amend #1 to W.A. #8 w/Coastal Tech (3 pages) Draft Amend #1 to FDEP Project Agreement 13SL1 (10 pages) FIRST AMENDMENT TO WORK AUTHORIZATION NO. 08 CONTRACT C08-12-633 FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES THIS AMENDMENT is made as of the _ day of , 20i3, by and between the ST. LUCIE COUNTY EROSION DISTRICT, a dependent taxing district of the State of Florida, hereinafter referred to as the "County" and COASTAL TECHNOLOGY CORP, hereinafter referred to as the "Consultant'. WITNESSETH: WHEREAS, on December 16, 2008, the County entered into a Consulting Agreement (Contract No. C08-12-633) hereinafter referred to as "Contract' with the Consultant to provide continuing Professional engineering services; and, WHEREAS, pursuant to the Contract, the Consultant is to provide the professional services as outlined in this individual work authorization; and, WHEREAS, on October 2, 2012, the parties executed work authorization no. 08 for the project known as "South County Beach & Dune Restoration Project Construction Phase Engineering Services and, WHEREAS, the parties desire to amend the work authorization to reallocated funds, Exhibit 'B" within the tasks with no overall increase. 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. COMPENSATION: The cost to perform all services as described in the Scope of Services shall not exceed a total amount of five hundred four thousand five hundred thirteen and 00/100 dollars ($504,513.00), will be billed as needed as further detailed in Exhibit'B". (No increase from original work authorization) 2. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the original work authorization and the Continuing Contract shall remain in full force and effect. Page 1 of 2 First Amendment to Work Authorization No.08 Contract C08-12-633 3. 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 as further described in Exhibit "C" C. The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or designee, or the Contract may be cancelled by the County Administrator with the County invoking all rights and remedies thereof. d. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the Consultant, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may withheld from any monies -due or to become due the Consultant under the Contract; and when deducted, shall be deemed and taken as payment in such amount. IN WITNESS WHEREOF, the parties hereto have executed this Work Authorization effective the date first written above. ST. LUCIE COUNTY EROSION DISTRICT WITNESSES: ST. LUCIE COUNTY, FLORIDA (�) BY: (2) COUNTY ADMINISTRATOR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: COAST C O G C R. (�) Q BY (2) ICJ (A t PRINT NAME: (Yl?_JfY_I��.I I. yL1�IIY1Qi .�E. TITLE: sillmI Page 2 of 2 41 .5 E o. w ml l i� e�alml lol i o!�' ella of , - - LEy �I nG � 117!-iFi ol 9 € k " w » F - m C� - !�iN F-I- TT -I I l -� l I I--_- a � w y t s jj ! Yi'- T'! -f a I�!III�i�Iwlli liliill�lh! I il U BUREAU OF BEACHES AND COASTAL SYSTEMS CONTRACT INITIATION FORM Beach Erosion Control Program_ "All lines of information are not necessary to complete for a contract Amendment; only complete those lines applicable for necessary changes*** Date: 2/13/2012 Project Manager: David Courson Project Title: South St. Lucie Beach Restoration Contract No.: 13SL1 Local Sponsor: St. Lucie Local Sponsor Contact Information: Contact Name: Richard Bouchard Amendment No. (if applicable): Address: 3150 Will Fee Road Ft. Pierce. FL 34982 Phone: (772) 462- Remit Address (address to which a billing and/or payment is to be mailed): FFID NO. (Include last 3 digits referred to as the "Sequence Number"): 59-60000835 Local Sponsor Signee Title to show on signature page of contract (i.e. city manager, mayor): Erosion District Chair Term of Agreement Information: End date = 9/30/2015 (provide date) Commencement Date = (provide date) (Usually only applies to New Contracts) (Commencement date: established date in which work done by the contractor is eligible for cost sharing by DEP.) Proiect Description (Please provide a brief project description to use in the contract) DEP BBCS Contract Initiation Form Page I of 11 Federal DEP Local Total sibili Stud ibili Stud $50 000.00 $25,000.00 $25,000.00 $100 000.00 42.2 Subtotal $50,000.00 $25,000.00 $25,000.00 $100,000.00 n an-d-P ennittin -- - _-- -- -- h Beach Design and Permitting $10,754.00 $13,973.00 $24,727.00 h Beach Design and Permitting ements) $4,893.00$6,357.00 $11,250.00 2.3Design-EIS $7,001.00 $9,096.001 $16,097.00 2.4 Miti ation Reef Design $55,029.001 $7 1,503.001 $126 532.00 Subtotall $77,677.00 $100,929.001 $171,106.00 3.0 Construction 3.1 lBeach Restoration $2,982,265.00 $3,875,094.00 $6,857,359.00 3.2 Miti atlon Reef $690, 795.00 $897 605.00 Sl 588 400.00 3.3 Construction Oversight $219,413.00 1285,100.00 $504,513.00 3.4 Construction Monitoring$369,505.00 $480J 27.00 $849 632.06 Subtotal $4,261,978.00 $5,537,926.00 $9,799,904.00 4.0 Monitoring 4.1 Year One Post Construction Monitoring $244,840.00 $318,139.001 $562,979.00 Subtotal S244,840.001i $318,139.001 $562979.00 Items: INCLUDE FUNDING TABLE (Reallocations, additions, reductions) Are #here changes to'the State' ndtnQ drt3ou4t NEW STATE Funds being added: Funding Amount: $0 Source (EMTF, GR, etc.): Year: STATE Cost Share Percentage: STATE Funds being reduced: Funding Amount: Source (EMTF, GR, etc.): Year: STATE Cost Share Percentage: 43.49% Insurance Option (please choose one): "APPLIES TO NEW CONTRACTS" The appropriate insurance option for the entityfor which we are providing funding should be included in the Agreement, Use for local Governments that are not self -insured The LOCAL SPONSOR, as an independent contractor and not an agent, representative, or employee of the DEPARTMENT, agrees to carry adequate liability and other appropriate forms of insurance. The DEPARTMENT shall have no liability except as specifically provided in this Agreement. Use for local Governments that are self -insured The LOCAL SPONSOR warrants and represents that it is self -funded for liability insurance, appropriate and allowable under Florida Law, and that such self-insurance offers protection applicable to the LOCAL SPONSOR's officers, employees, servants and agents while acting within the scope of their employment with the LOCAL SPONSOR. Eligibility Information: If applicable, please include Funding Eligibility Information (see Attachment B page 3) Advance Pavment Justification: Is this project subject to escrow provisions? Does this project need the Advance Payment Attachment? Yes No Local Sponsor Match (HURRICANE RECOVERY PROJECTS ONLY): Is a local match required for this project? Yes (include A,B,& C of Paragraph following the funding table) No (include only portion A of Paragraph following the funding table) Language for A, B &C. A. The DEPARTMENT's financial obligation shall not exceed the sum of $XXX for this PROJECT or up to XXX percent of the non-federal PROJECT cost, if applicable, whichever is less. The LOCAL SPONSOR agrees that any costs which exceed the estimated PROJECT costs shall be the responsibility of the LOCAL SPONSOR. Any modifications to the estimated TOTAL PROJECT COSTS shall be provided through formal amendment to this Agreement. DEP BBCS Contract Initiation Form Page 2 of I I B. The LOCAL SPONSOR shall provide the local match required by Section 3 of Chapter 2004-475, Laws of Florida, unless such matching requirement is waived or reduced by the Executive Office of the Governor pursuant to the provisions of --------Chapter 2004-47-5, Laws -of Florida. T-he-LOC--AL-SPONSOR- shall -document -to the -DEPARTMENT -any -matching funds -- waiver or reduction upon receipt from the Executive Office of the Governor, unless such waiver has been obtained through the DEPARTMENT C. The DEPARTMENT shall authorize payments in the amount of 90.91 % of total eligible project costs, subject to the funding limits established herein, on a per invoice basis. If the LOCAL SPONSOR's required match percentage (amount) is reduced or waived in its entirety, the payment percentage amount for all eligible costs shall be adjusted accordingly. PLEASE PROVIDE SCOPE OF WORK LANGUAGE IF NECESSARY Project Title: South St. Lucie County Beach Restoration Project Location: The project is approximately 3.4 miles long and is located between DEP Monuments R98 to R115 + 1000 feet (Martin County Line). Project Background: In November 2002, the U.S. Army Corps of Engineers (Corps) completed a "Section 905(b) analysis for a "St. Lucie County, Florida —Hurricane and Storm Damage Reduction Study" including the Study Area. This Reconnaissance report recommended that the "study proceeded into the feasibility phase" for a Study area from just south of Blind Creek (R-77) to the Martin County Line (R-115). In 2004, the Corps initiated a Federal Feasibility Study of the Study Area. St. Lucie County has also pursued a local path for the 3.4 mile long beach restoration project and construction is expected to occur in 2012 or early 2013. The PROJECT shall be conducted in accordance with the terms and conditions set forth under this Agreement, for all applicable DEPARTMENT permits and the eligible project task items established below. All data collection and processing, and the resulting product deliverables, shall comply with the standard technical specifications contained in the DEPARTMENT'S Regional Data Collection and Processing Plan and Geographic Information System Plan, unless otherwise specified in the approved Scope of Work (herein after referred to as SOW) for an eligible PROJECT item. These plans may be found at http://www.dep.state.fl.usibeaches/. Three (3) originals and one (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the DEPARTMENT, unless otherwise specified. [The ject Description: deliverables listed below are to be completed and approved by the DEPARTMENT by the due date listed. FEASIBILITY STUDY Conduct studies necessary to determine the feasibility and extent of improvements necessary to accomplish the goals of the PROJECT. Investigations shall include, but may not be limited to, the following: physical and environmental surveying; reconnaissance -level geotechnical services; coastal engineering analysis; economic studies; environmental analysis; real estate studies; and plan formulation. Performance standard: All deliverables, reports, and monitoring results will be circulated to the Department for review and comment. When comments are received from the Department affirming that the deliverable is acceptable, payment will be authorized. Financial Consequence: Any work product that does not meet the Performance Standard will not be eligible for reimbursement. DEP BB CS Contract Initiation Form Page 3 of 11 1.1 Feasibility Study Due to the local project moving forward, the USACE will reexamine the feasibility tasks and schedule for the federal feasibility study. USAGE has recently refined their study area to coincide with the 3.4-mile St. Lucie County South Beach Restoration Project as part of the federal feasibility study. Coastal Tech Corporation has been retained by the St. Lucie County Erosion District to conduct professional services to assist the COUNTY with the federal shore protection process for the St. Lucie County South Beach Restoration Project. Specific tasks associated with these efforts include assistance and coordination during the federal feasibility phase. Deliverable A: Draft Corps Feasibility Study Report. Total cost: $100,000 total value ($25,000 — DEP share) Due Date September 30, 2015. 2.0 Design and Permitting Professional services required for engineering and design, obtaining environmental permits and other authorizations and the preparation of plans and specifications for beach nourishment. This item specifically excludes permit application fees or any other fees paid to the State of Florida. Performance standard: All deliverables, reports, and monitoring results will be circulated to the Department for review and comment. When comments are received from the Department affirming that the deliverable is acceptable, payment will be authorized. Financial Consequence: Any work product that does not meet the Performance Standard will not be eligible for reimbursement. 2.1 South Beach Design & Permitting (2012) Coastal Tech Corporation has been retained by the St. Lucie County Erosion District to conduct professional services to assist the COUNTY with timely negotiation of acceptable FDEP and USACE permits for the proposed St. Lucie County South Beach Restoration Project. Specific tasks associated with these efforts include: FDEP and USACE Permit Negotiations and NMFS Support coordination services. Deliverable A: Documentation of Permit Negotiation Activity, including emails, conference reports and negotiated documents. Deliverable cost: $24,727 total value ($10,754 —DEP share). Due Date December 31, 2012. 2.2 South Beach Design and Permitting (Easements 2012) Community Land Title Corporation has been retained by the St. Lucie County Erosion District to conduct professional services to assist the COUNTY in title work for the individual parcels that will require easements for the St. Lucie County South Beach Restoration Project. The specific task includes work associated with Ownership & Encumbrance (O&E) Reports. Deliverable A: One electronic copy (pdf format) of the electronic map depicting the individual parcels researched. Deliverable cost: $11,250 total value ($4,893 —DEP share). Due Date December 31.2012. DEP BBCS Contract Initiation Form Page 4 of 11 2.3 Design — EIS (2012) Taylor Engineering, Inc. has been retained by the St. Lucie County Erosion District to conduct — professional services to assist the CBUNTl in the development of a�ironmental Impact Statement (EIS) for the St. Lucie County South Beach Restoration Project. Deliverable A: Three paper copies and one electronic copy (MS Word format) on CD of the preliminary final environmental impact statement (PFEIS) submittals. Deliverable cost: $16,097 total value ($7,001 —DEP share). Due Date December 31, 2012. 2.4 Mitigation Reef Design (2012) Coastal Tech Corporation, Florida Archeological Services, Inc., Morgan & Eklund, Inc. and CSA International, Inc. have been selected by the St. Lucie County Erosion District to conduct professional services to assist the COUNTY with negotiation of an acceptable USACE permit and additional field investigation services required to implement the reef mitigation requirements of the issued FDEP ^d USACE « F L �. yermi�S iOr tuc proposed St. Lucie County South Beach Restoration Project. Specific tasks associated with these efforts include: mitigation reef design, preliminary design, final design, mitigation reef FDEP permit modification, USACE/NNIFFS Consultation, mitigation reef site investigations, cultural resource survey, bathymetric and seismic surveys, and benthic mapping services. Deliverable A: One (1) digital copy of the Preliminary Design Drawings, revised Technical Specifications/Bid Does and one (1) digital copy of agency correspondence. Deliverable cost: $41,380 total value ($17,996 — DEP share). Due Date December 31, 2012 Deliverable B: One (1) digital copy of the Final Design Drawings and revised Technical Specifications/Bid Does. Deliverable cost: $14,873 total value ($6,468 —DEP share). Due Date December 31, 2013 Deliverable C: One (1) digital copy of the submitted Permit Modification Request, one (1) digital copy of all RAI responses, one (1) digital copy of the PATN authorization for the Mitigation Reef and required marker -buoys. Deliverable cost: $20,6IS total value ($8,966 — DEP share). Due Date December 31, 2013 Deliverable D: One (1) digital copy of the Final Archeological Report. Deliverable cost: $20,729 total value ($9,015 — DEP share). Due Date June 30, 2013 Deliverable E: One (1) digital copy of the Bathymetric & Seismic Survey with Memo. Deliverable cost: $15,639 total value ($6,801 —DEP share). Due Date June 30, 2013 Deliverable F: One (1) digital copy of the Benthic Map with Letter Report. Deliverable cost: $13,296 total value ($5,783 —DEP share). Due Date December 31, 2013 3.0 Construction Work performed and costs incurred associated with the placement of fill material and/or the construction of erosion control structures within the project area. Eligible costs may include DEP BBCS Contract Initiation Form Page 5 of 11 mobilization, demobilization, construction observation or inspection services, beach fill, tilling and scarp removal, erosion control structures, dune stabilization measures and native beach -dune vegetation. Construction shall be conducted in accordance with any and all permits issued by the Performance Standard: Work products (Deliverables) must meet acceptance standards of the engineer, building code inspector, Joint Coastal Permit, or a combination of these, as required, to assure all project -related construction is completed to desired specifications. Financial Consequence: Any work product that does not meet the Performance Standard will not be eligible for reimbursement. 3.1 Beach Restoration (2012/13) St. Lucie County awarded a construction contract to the lowest qualified bidder for beach -fill associated with the use of the offshore borrow area. Eligible costs include mobilization, demobilization, beach fill, permit compliance, relocation trawling, beach tilling, and native beach - dune vegetation. Deliverable A: Copy of All Periodic Ce �ified Pay Applications as submitted by Contractor and approved by County. Deliverable cost: $6,857,359 total value ($2,982,265 — DEP share). Due Date December 31, 2013 3.2 Mitigation Reef (2012/13) St. Lucie County awarded a construction contract to the lowest qualified bidder for mitigation reef construction. Eligible costs include mobilization, demobilization, rock delivery and placement, buoys, survey and as -built drawings and upland site restoration. Deliverable A: Copy of All Periodic Certified Pay Applications as submitted by Contractor and approved by County. Deliverable cost: $1,588,400 total value ($690,795 — DEP share). Due Date December 31, 2013 .3 Construction Oversight (2012/13) Coastal Tech Corporation has been retained by the St. Lucie County Erosion District to conduct professional services to assist the County by providing services to reasonably assure that the construction is completed in compliance with the permits and Contract Documents for the beach fill and mitigation reef construction — as bid separately. Specific tasks associated with these efforts include: engineering services for the beach fill project and engineering services for the mitigation reef project. Deliverable A: One (1) digital copy of documentation of conditions — prior to Contractor mobilization. Deliverable cost: $4,232 total value ($1,841 — DEP share). Due Date December 31, 2013. Deliverable B: One (1) digital copy of Summary of Site Observations, documentation of visual assessment of sand, Change Orders, Field Directives, documentation of interpretations of Contract Documents, documentation of claims resolution, documentation of County consultation, recommendations for payment (monthly billings to be based on daily rate). Deliverable cost: $155,688 total value ($67,709 —DEP share). Due Date December 31, 2013 DEP BBCS Contract Initiation Form Page 6 of I 1 Deliverable C: One (1) digital copy of Pay Profiles and one (1) digital copy of documentation of compaction testing. Deliverable cost: $161,676 total value ($70,313 —DEP share). Due Date December 31, 2013 Deliverable D: One (1) digital copy of documentation of dune planting, substantial completion of beach restoration, and final clean-up of project area. Deliverable cost: $17,286 total value ($7,518 —DEP share). Due Date December 31, 2013 Deliverable E: One (1) digital copy of documentation of conditions (prior to Contractor mobilization). Deliverable cost: $4,232 total value ($1,840 — DEP share). Due Date December 31, 2013 Deliverable F: One (1) digital copy of Summary of Site Observations, Pay Profiles, documentation of visual assessment of sand, Change Orders, Field Directives, documentation of interpretations of Contract Documents, documentation of claims resolution, documentation of County consultation, recommendations for payment (monthly billings to be based on daily rate). Deliverable cost: $153, 089 total value ($66,578 — DEP share). Due Date December 31, 2013 Deliverable G: One (1) digital copy of final documentation of mitigation, substantial completion of mitigation, and final clean-up of project area. Deliverable cost: $8,310 total value ($3,614 — DEP share). Due Date December 31, 2013 3.4 Construction Monitoring (2012/13) Coastal Tech Corporation, supported (via subcontracts) by Aerial Cartographics of America, Inc., Ecological Associates, Inc., Inwater Research Group, Inc., and Morgan & Eklund, Inc. have been selected by the St. Lucie County Erosion District to conduct professional services to assist the COUNTY with providing services to fulfill expected pre -construction permit requirements for beach fill with sand from the proposed offshore sand source, and the 1.89 acre mitigation reef required by the U.S. Army Corps of Engineers (USACE) and Florida Department of Environmental Protection (FDEP) permits. Coastal Tech will also assist the County in fulfilling the monitoring requirements of the FDEP and USACE permits tluough February 2014 - the first full calendar year following the expected completion of construction. Specific tasks associated with these efforts include: Pre -construction services, during construction services, and immediate post -construction services. Deliverable A: Two (2) digital copies of mitigation reef, biological, and physical monitoring plans. Deliverable cost: $4,769 total value ($2,074 — DEP share). Due Date June 30, 2013 Deliverable B: For the Beach Fill Project and the Mitigation Reef, two (2) digital copies of the: (a) summary of questions and responses, (b) pre -bid meeting summary, (c) addendum, (d) summary - draft -ranking of bids, (e) recommendation of Contract award. Deliverable cost: $24,518 total value ($10,663 —DEP share). Due Date June 30, 2013 DEP BBCS Contract Initiation Form Page 7 of 11 Deliverable C: Two (2) digital copies of amended Technical Specifications & Drawings. Deliverable cost: $8,878 total value ($3,861 — DEP share). Due Date June 30, 2013 Deliverable D: Two (2) copies of pre -construction physical monitoring data in hardcopy and digital format. Deliverable cost: $31,629 total value ($13,755 — DEP share). Due Date June 30, 2013 Deliverable E: Two (2) copies of: (a) controlled geo-referenced aerial photography in hardcopy and digital format, (b) pre -construction hardbottom monitoring report in hardcopy and digital format. Deliverable cost: $225,495 total value ($98,068 —DEP share). Due Date December 31, 2013 Deliverable F:One (1) digital copy of Summary of Pre -Construction Meeting, FDEP Notice to Proceed, ECL Recording Documentation, Notice of Commencement, photo of FDEP Permit on - site, Surlitnary of Results from Jacquemontia Survey. Deliverable cost: $10,416 total value ($4,530 — DEP share). Due Date June'^' 2013 Deliverable G: One (1) digital copy of permit requirement table and summary of permit compliance for the 151 Quarter and 2"d Quarter. Deliverable cost: $11,814 total value ($5,138 — DEP share). Due Date December 31, 2013 Deliverable H: One (1) digital copy of permit requirement table and summary of permit compliance for the 3`d Quarter and 40' Quarter. Deliverable cost: $11,814 total value ($5,138 —DEP share). Due Date December 31, 2014 Deliverable I: One (1) digital copy of report of shorebird and marine turtle nesting activity (monthly) — I" Month and 2"d Month. Deliverable cost: $52,734 total value ($22,934 —DEP share). Due Date December 31, 2014 Deliverable J: One (1) digital copy of escarpment survey results, one (1) digital copy of post - construction profile and borrow area surveys and one (1) digital copy of post-consttuction aerial photography. Deliverable cost: $36,920 total value ($16,056 —DEP share). Due Date December 31, 2013 Deliverable K: One (1) digital copy of as -built drawings, assessment of placed volumes and shoreline changes, results of sand sample analyses, one (1) digital copy of engineering report and certification, FFWCC report and notification. Deliverable cost: $27,232 total value ($11,844 — DEP share). Due Date December 31, 2014 Deliverable L: One (1) digital copy of report of marine turtle nesting monitoring, sand compaction testing, escarpment surveys, lighting surveys (monthly). — I't month, 2"d month and 3rd month. Deliverable cost: $37,008 total value ($16,095 — DEP share). Due Date December 31, 2014 Deliverable M: One (1) digital copy of report of marine turtle nesting monitoring, sand compaction testing, escarpment surveys, lighting surveys (monthly). — 41h month, 5th month and 6`h DEP BBCS Contract Initiation Form Page 8 of 11 Deliverable cost: $37,008 total value ($16,095 —DEP share). Due Date December 31, 2014 Deliverable N: One (i) digital copy of report of swimming marine turtles (Two quarters). Deliverable cost: $4,427 total value ($1,925 — DEP share). Due Date December 31, 2014 Deliverable O: One (1) digital copy of report of swimming marine turtles (Two quarters). Deliverable cost: $4,427 total value ($1,925 — DEP share). Due Date December 31, 2014 Deliverable P: One (1) digital copy of a summary letter report describing the data collected, general observations, prevailing conditions and problems encountered during the field survey. Deliverable cost: $163,575 total value ($71,139 — DEP share). Due Date December 31, 2013 Deliverable Q: Ore (1) digital copy ofrepo,l of post -construction hardbottom mapping and one (1) digital copy of report of mitigation reef survey results. Deliverable cost: $156,968 total value ($68,265 —DEP share). Due Date June 30, 2014 4.0 Monitoring A monitoring program conducted in accordance with the requirements specified in any and all permits issued by the Department and the US Army Corps of Engineers. A monitoring plan must be submitted and approved in writing by the Department prior to the initiation of monitoring activities. The plan shall be developed in a manner which will coordinate the monitoring activities associated with current shoreline stabilization projects located within or adjacent to the project area and with the Department's Regional Coastal Monitoring Performance standard: All deliverables, reports, and monitoring results will be circulated to the Department for review and comment. When comments are received from the Department affirming that the deliverable is acceptable, payment will be authorized. Financial Consequence: Any work product that does not meet the Performance Standard will not be eligible for reimbursement. 4.1 Post Construction Monitoring (fear One) 2014 First year monitoring will involve activities by the County and its consultant toward compliance with State and/or Corps of Engineers' requirements associated with beach disposal operations of the South St. Lucie Beach Restoration Project construction. These requirements may include, but are not limited to, turtle monitoring, nest relocation, scarp removal, compaction monitoring, and annual tilling as required by the Department's joint coastal permit. A comprehensive beach and offshore monitoring program shall be developed for the project shoreline. The Plan shall be in accordance with the FDEP Monitoring Standards for Beach Erosion Control Projects, dated March 2004. The annual monitoring scope of work will follow the approved physical monitoring plan and biological monitoring plan. Deliverable A: Summary report of Year One beach compaction/tilling data and/or activities. Total cost: $8,000 (DEP cost $3,479). Due date September 30, 2015. DEP BB CS Contract Initiation Form Page 9 of I I Deliverable B: Year One profile surveys, borrow area surveys, aerial photography and physical monitoring report for 2012/13 nourishment. Total cost: $42,615 (DEP cost $18,533). Due date September 30, 2015. Deliverable C: Year One turtle monitoring report for 2012/13 nourishment. Total cost: $77,000 (DEP cost $33,488). Due date September 30, 2015. Deliverable D: Year One biological monitoring report for 2012/13 nourishment. Total cost: $435,364 (DEP cost $189,340). Due date September 30, 2015 All Tasks are Contractual Services. DEP BBCS Contract Initiation Form Page 10 of 11 ITEM NO. III-B2 AGENDA REQUEST DATE: 03/19/13 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT M TO: EROSION DISTRICT BOARD PRESENTED BY: Richard A. Bouchard, P.E. SUBMITTED BY: Mosquito Control &Coastal Management Sr. Coastal Engineer Services SUBJECT: South County Beach & Dune Restoration Project BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 184-9910-599305-800 (Reserves - Erosion District) 184-3710-546340-36203 (Maintenance Beach Renourishment — So Cc Bch Rest) 39012-4115-546340-36203 (Maintenance Beach Renourishment — So Cc Bch Rest SAD) PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of Change Order No. 1 with Great Lakes Dredge and Dock Company, LLC, increasing the contract amount by $998,945, increasing the number of contract days to correspond to the additional work and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA, ICMA-CM County Administrator Coordination/Signatures County Attorney (x) OMB Director (x ) a� Budget Analyst m Contract Coordinator L ! �m Daniel S. McIntyre Marie Gouin Patty Marston Melissa Simberlund Originating Dept. ( x) , ' Public Works ( x), James R. David Do ald .West Barbara uettler AGEND382.S000 GLDD Mosquito Control & Coastal Management Services Fro-giOn ®ictrict MEMORANDUM TO: Erosion District Board THROUGH: James R. David, Mosquito Control & Coastal Management Services Director JUL/ FROM: Richard A. Bouchard, P.E., Sr. Coastal Engineer ,i r DATE: March 19, 2013 SUBJECT: South County Beach & Dune Restoration Project ITEM NO. III-132 Background: St. Lucie County has initiated a non-federal project to address the severely deteriorated conditions of the South County shoreline. A benefit -based funding plan was developed for this one-time local beach and dune project that includes three funding sources; State funding at 43%, Erosion District Zone E reserve funding at 23% and Special Assessment District (SAD) funding at 34%. After numerous meetings, workshops and public hearings the Board approved the assessment role and levied assessments against each parcel within the SAD on September 4, 2012. On October 2, 2012 the Board approved award of a construction contract to Great Lakes Dredge and Dock Company, LLC in the amount $6,857,100.00. The initial project design provided for placement of approximately 485,900 cubic yards of beach and dune fill to construct the entire permitted design template. Several storm events, including Hurricane Sandy, have since impacted this shoreline causing additional beach erosion, totaling 172,754 cubic yards. Therefore, in order to compensate for the additional loss and meet the required design template, a total of 658,654 cubic yards is now required to complete the project. In order to accomplish this additional work, a change order in the amount of $998,945, increasing the contract amount from $6,857,100 to $7,856,045, is recommended by staff. This increase includes a negotiated increased price of $0.70 per cubic yard for additional beach sand in excess of 115% of the original volume. This increase also includes $5,600 in additional dune plantings. A permit modification has been requested from the state and federal agencies for a 20-day time -extension (to May 20th from April 30th). The U.S. Army Corps of Engineers has also requested a similar time extension for the Martin County project, which is being constructed concurrently. The table below depicts the additional funding sources required to fulfill the needs of the change order: Line Item State Erosion District Special District (SAD) otal 1 0 $291,751 $142,144 33,8952 0 $565,050* 0 g$4 5,050Total 3) 0 $856,801 $142,144 8,945 *State reimbursement of $250,000 is being sought March 19, 2013 Item No. III-132 Page 2 The previously approved grant agreement with the State only provides sufficient funding to cost share the present contract amount of $6,857,100. Therefore, no additional state funding is available for this change order. Line item no. 1 represents the remaining contingency funding ($142,144) available in the Special Assessment District (SAD). Also included in line item no. 1 is Erosion District funding that comprises the remaining contingency funding and the necessary level of funding necessary to offset the amount that would normally be cost shared by the State ($291,751). Line item no. 2 represents Erosion District funding ($565,050) needed to fulfill the change order amount. There is an ongoing effort at the State level seeking supplemental state funding to assists those coastal Counties that were denied FEMA assistance for impacts from Hurricane Sandy. St. Lucie County could receive up to $250,000 in supplemental State funding if this is approved. In addition, the County will include all cost overruns for this project in their future beach funding request which could result in a 43.49% cost share from the State (up to $434,441). It is also important to note that the Erosion District is pursuing a short-term emergency shore protection project at Ft. Pierce Beach which will be brought before the Board at a later date, once the contractor costs have been received. The budget impact upon the Erosion District reserves from the Smith County Beach Project is $753,7F1 If approved, '"is will leave a reserve balance of $2,144,526. Previous Action: October 2, 2012 - Board approved bid award to Great Lakes Dredge and Dock Company, LLC in the amount $6,857,100. Recommendation: Board approval of Change Order No. 1 with Great Lakes Dredge and Dock Company, LLC, increasing the contract amount by $998,945, increasing the number of contract days to correspond to the additional work and authorization for the Chair to sign documents as approved by the County Attorney. Draft Change Order (3 pages) ST. LUCIE COUNTY EROSION DISTRICT Change Order No. 1 SOUTH COUNTY BEACH AND DUNE RESTORATION PROJECT CONTRACTOR: Great Lakes Dredge & Dock Company, LLC 2122 Fork Road Oak Brook, Illinois 60523 Due to on -going erosion and a change in field conditions driven by Hurricane Sandy and subsequent northeasters, (a) additional sand will be needed to construct the Project design template (b) additional native plants will be needed to plant the dune crest of the Project design template. This additional need would affect Item's 2 and 5 of the Bid Schedule "Furnish & Install Sand" and "Furnish & Install Native Plants". • A February 2013 survey indicates that approximately 658,654 cubic yards of sand and 254,000 native plants are required to construct the Project. • The base Contract included a Furnish & Install Sand quantity of 485,900 cubic yards and Furnish & Install Native Plants quantity of 240,000 plants. • The Technical Specifications which govern the work state that up to a 15% increase or decrease in the Sand Fill and Native Plant Bid Item's quantities shall be provided without re -negotiating the unit prices. • The Contractor has increased the Furnish & Install Sand Bid Item unit cost from $7.70 per cubic yard of sand fill to $8.40 per cubic yard for the sand quantity above and beyond 15% above the base bid quantity. • The Current Contract Price includes a $321,770.00 Contingency (Not to Exceed) item that will be exhausted to account for a portion of the 172,754 cubic yards of sand fill. This Change Order directs the Contractor, and by accepting the Change Order Great Lakes Dredge and Dock Company agrees to: • place up to 658,654 cubic yards of sand fill, • the first 72,885 cubic yards more than the original Bid Quantity of sand fill will be at a unit price of $7.70 per cubic yard, • any additional sand fill (above and beyond the original Bid Quantity of sand fill plus the additional 15%) up to 99,869 cubic yards of sand fill at a unit price of $8.40 per cubic yard, and • provide and install up to 254,000 plants (14,000 more than the original Bid Quantity) at a unit price of $0.40 per plant. However, all other provisions of the Specifications regarding Measurement and Payment remain unchanged such that the actual final pay quantity (up to the new 658,654 cubic yards) shall be as measured by the specified pay surveys. The existing approved FDEP and USACE permits and the Contract Documents require completion of all construction activities on the beach berm by April 30, 2013. The COUNTY is seeking from the Agencies a time extension to allow construction activities on the beach to continue to as late as May 20, 2013. South County Beach and Dune Restoration Project Change Order No. 1 Page 2 of 3 In consideration of (a) the change in field conditions that result in an increased quantity of sand to construct the Project, and (b) the CONTRACTOR's acceptance of this Change Order, the COUNTY agrees to waive any Contractual penalties which otherwise might be imposed as a result of the CONTRACTOR not meeting the requirement to "Furnish & Install Sand" beyond 485,900 cubic yards within the timeframe allowed by the FDEP and USACE permits as may be extended. In addition, the CONTRACTOR's Alternate Bid Schedule identifies a reduction in Mobilization/Demobilization of $85,000.00 pending the awarded of the Martin County Shore Protection Project to the CONTRACTOR. As a result of the award of that contract, the provisions of the Alternate Bid apply and the reduction is included in this Change Order. CURRENT CONTRACT PRICE..........................................................$6,857,100.00 MAXIMUM NET CHANGE IN CONTRACT PRICE DUE TO THIS CHANGE ORDER Furnish & Install Sand Up to 172,754 additional cubic yards The first 72,885 cubic yards at $7.70 per cubic yard.......................................$561,215 The remaining 99,869 cubic yards at $8.40 per cubic yard............................$838,900 Furnish & Install Native Plants Up to 14,000 additional plants at $0.40 per plant......................................$5,600.00 Reduction in Contingency.......................................................................($321,770.00) Reduction in Mobilization/Demobilization......................................................($85,000) MAXIMUM CONTRACT PRICE INCLUDING THIS CHANGE ORDER ..... $7,856,045.00 CONTRACT COMPLETION DATE - as required by the USACE and FDEP permits or as may be extended. South County Beach and Dune Restoration Project Change Order No. 1 Page 3 of 3 ENGINEER'S RECOMMENDATION — — I have examined the above changes. The price changes are reasonable and I recommend that the changes be made. Witness: Print N CONTRACTOR'S OFFER Engineer: COASTAL TECHNOLOGY CORPORATION IN Michael P. Walther, President I offer and agree to the above changes in said Contract, in accordance with the Technical Specifications for the price changes shown are satisfactory. Witness: Print ATTEST: Joseph E. Smith, Clerk of Court By: Deputy Clerk Approved: By: Faye Outlaw, County Administrator Approved as to form and legal sufficiency. By: Daniel McIntyre County Attorney Contractor: Great Lakes Dredge Dock Company, LLC. Manny Vianzon Date: EROSION DISTRICT BOARD, ST LUCIE COUNTY, FLORIDA Frannie Hutchinson, Chair 20