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Agenda Packet 12.06.2022
Nr �o LUCllLS L�cc��o� BOARD OF COUNTY COMMISSIONERS AGENDA ST. LUCIE COUNTY Regular Meeting Tuesday, December 6, 2022 6:00 PM St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL 34982 BOARD MEMBERS District No. 5, Chair CATHY TOWNSEND District No. 3, Vice -Chair LINDA BARTZ District No. 1 CHRIS DZADOVSKY District No. 2 LARRY LEET District No. 4 JAMIE FOWLER Mission Statement St. Lucie Works to deliver superior service that enhances our quality of life Page 1 of 1533 Regular Meeting Tuesday, December 6, 2022 6:00 PM WELCOME All meetings are televised. All meetings provided with wireless internet access for public convenience. Please turn off all cell phones and pagers prior to entering the commission chambers. Please mute the volume on all laptops and PDAs while in use in the commission chambers. GENERAL RULES AND PROCEDURES — Attached is the agenda, which will determine the order of business conducted at today's Board meeting. INVOCATION -PLEDGE — To bring order and decorum to its meeting, the Board begins its meetings with an invocation followed by the Pledge of Allegiance. Participation is voluntary. CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS — These items are usually heard on the first Tuesdays at 6 p.m. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on the third Tuesday, which begins at 9 a.m., then public hearings will be heard at 9 a.m. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chair 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, and must be pertinent to the agenda item being considered by the Board. 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 Chair 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 ready 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 three minutes. Comments may pertain to any matter related to the Board's duties as the County's governing body. Comments in support or opposition to candidates for public office are not pertinent to the Board's duties. This includes any speaker identifying himself or herself as a candidate for public office. DECORUM — Please be respectful of others' opinions. MEETINGS — All Board meetings are open to the public and are held on the first Tuesdays of each month at 6 p.m. and on the third Tuesdays at 9 a.m., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Fort Pierce, Fla. 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or TDD 772-462-1428 at least 48 hours prior to the meeting. 21Page Page 2 of 1533 Regular Meeting Tuesday, December 6, 2022 6:00 PM 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENT (excluding Public Hearing Items) 5. APPROVAL OF MINUTES A. Board of County Commissioners minutes for the BOCC Regular Meeting of November 15, 2022. B. Board of County Commissioners minutes for the BOCC Reorganization Meeting of November 22, 2022. 6. PROCLAMATIONS APPROVAL There are no items scheduled. 7. PRESENTATIONS A. FPUA Sewer Treatment Plant Relocation — From South Hutchinson Island to Energy Lane 8. CONSENT AGENDA A. WARRANTS 1. Warrant Lists 7 - 8 B. ADMINISTRATION 1. Termination of C17-11-794 - Tourism Webcam Program Agreement with Indian River State College Staff recommends approval to terminate C17-11-794, Tourism Webcam Program Agreement with Indian River State College. 31Pag Page 3 of 1533 Regular Meeting Tuesday, December 6, 2022 6:00 PM 2. St. Lucie Cultural Alliance Annual Grant Agreement Amendment Staff recommends the Board approve the challenge grant request and amend the grant contract with the SLCA to include the challenge grant. C. COUNTY ATTORNEY Revocable License Agreement - Lake Lucie Estates Subdivision - Lake Lucie Community Development District - County rights -of -way The Lake Lucie Estates Community Development District (LLCDD) has requested an "After the Fact" Revocable License Agreement to keep their decorative street signs, stop signs, speed limit signs, and warning sign posts, a flagpole and light poles (and associated wiring) within the County rights -of -way throughout the Lake Lucie Estates Subdivision. The sites requested are located on Village of Lake Lucie Drive, Sandpine Circle, Coralbean Court, Redcedar Place, Spicebush Terrace, Maidencane Place, Primrose Court and Pondberry Lane. LLCDD has upgraded the County's standard sign posts with decorative posts. Engineering and Road & Bridge have reviewed the license agreement and have no objections. Staff recommends the Board approve the revocable license agreement, authorize the Chair to sign the agreement and direct the Lake Lucie Community Development District, pay to record the agreement in the public records of St. Lucie County, Florida. 2. Amendment No. 3 to Contract with CDM Smith, Inc. for Consulting/Professional Services - Regional Water and Wastewater Treatment Services Staff recommends that the Board approve Amendment No. 3 and authorize the Chair to sign Amendment No. 3. D. COMMUNITY SERVICES Award of Request for Applications (RFA) No. 22-096 Notice of Funding Availability and RFA for Local Government Area of Opportunity Funding in Conjunction with Florida Housing Finance Corporation RFA 2022-201 Staff recommends the Board commit $460,000.00 to Blue Sky Communities for the LGAO required by the Florida Housing Finance Corporation for RFA 2022-201; and authorization for the Chair to sign documents as approved by the County Attorney. ENVIRONMENTAL RESOURCES 41 PagE Page 4 of 1533 Regular Meeting Tuesday, December 6, 2022 6:00 PM SUN Trail Maintenance Agreement - Northern Savannas Segment (FDOT Project #439999-3) Staff recommends Board approval of the attached maintenance agreement with the Florida Department of Transportation and the Florida Department of Environmental Protection for the Savannas Preserve State Park northern SUN Trail segment and authorization for the Chair to sign documents as approved by the County Attorney. F. FACILITIES Court Complex - Fan Coil Unit Replacements - Phase 2 Staff recommends Board approval to proceed with the Direct Purchase of the fan coil units via US Communities proposal number 1-16-54071-4 in the amount of $49,444.00 and approve replacement work by Trane via US Communities #40-125310-20-009 at a cost of $234,263.00, and authorize the Chair to sign the agreement as approved by the County Attorney. 2. Trane - Judicial R'newal Service Program for Chiller Compressor Staff recommends Board approval to proceed with the renewal services as specified in Trane Proposal ID 3178501 via US Communities #40-125310-22-003 in the amount of $106,336.00, and authorize the Chair to sign the agreement as approved by the County Attorney. 3. Contract - Rock Road Jail RTU Replacements Phase I Staff recommends Board approval to proceed with the direct purchase of 15 roof top units via US Communities proposal number 1-16-125310-22-013 in the amount of $699,036.00 and approve replacement work by Trane via Trane-Omni Partners Contract # 3341 at a cost of $1,603,845.00, for a total cost of $2,302,881.00, and authorize the Chair to sign the agreement as approved by the County Attorney. 4. Contract - Siemens Insight to Desigo HVAC Controls Migration Staff recommends Board approval to proceed with the replace of the existing APOGEE system to the new Desigo CC system as indicated in proposal number 2a778876-79b4-41d7-b60e- 6a5784ef9143 in the amount of $344,075.00, and authorize the Chair to sign the agreement as approved by the County Attorney. G. INFORMATION TECHNOLOGY S1Page Page 5 of 1533 Regular Meeting Tuesday, December 6, 2022 6:00 PM Software House International Contract for Microsoft Volume Licensing Agreement Staff recommends Board approval of the Software House International agreement for Microsoft Volume Licensing for three (3) years and authorization for the Chair to sign documents as approved by the County Attorney. Request for New Position - Information Technology Training Specialist Staff recommends Board approval of a full-time employee for the Information Technology Training Specialist position estimated at a cost of $71,658.22 and approval of the funding request. H. OFFICE OF MANAGEMENT & BUDGET Establishing a Schedule of Repayment for Prior Advances to the Sheriff's Office Staff recommends the Board approve the proposed plan for the Sheriff's Office to repay the $326,966.84 owed to the County. The plan would be for the Sheriff's Office to make annual payments of $108,988.95 and forward any FEMA reimbursements to the County related to these events. Once the total Sheriff's payments and/or FEMA reimbursements reach $326,966.84, the advances will be considered resolved and no additional payments will be expected from the Sheriff's Office related to the advances made between September 2019 and October 2021. I. PUBLIC SAFETY Approval of the FY22-23 Emergency Medical Services (EMS) Grant Application (State of Florida, Department of Health, Emergency Medical Services Grant Unit) and Resolution No. 2022-217 Staff recommends Board approval of the Emergency Medical Services (EMS) grant application in the amount of $64,638.00, Resolution No. 2022-217, and authorization for the Chair to sign documents as approved by the County Attorney. J. PUBLIC UTILITIES Bid No. 22-082 Phase 11113 and Phase IVA Landfill Gas System Expansion Staff recommends Board approval to award Bid No. 22-082 to Carlson Environmental Consultants, PC, in the amount of $967,500.00 and authorization for the Chair to sign the documents as prepared by the County Attorney. 61Page Page 6 of 1533 Regular Meeting Tuesday, December 6, 2022 6:00 PM 2. Capital Leases - Caterpillar 962M Wheel Loader and Caterpillar 725 Articulated Truck Lease Agreements St. Lucie County Solid Waste (SLCSW) requires the use of heavy duty wheel loaders and articulated trucks around the site for daily operation. In the past, this equipment was purchased. Staff is requesting to lease a new 2023 Caterpillar Wheel Loader and one new 2023 articulating truck (water wagon) to replace equipment that is nearing or has reached its end of life. It is more cost effective to lease this equipment on a long term basis rather than purchase them since maintenance is included in the leases. Staff recommends the Board authorize staff to enter into long term capital leases, with options to buy, for a new 2023 Caterpillar 962M Medium Wheel Loader and a new 2023 Caterpillar 725 Articulated Truck (water wagon) from Florida Sheriff's Association Contract# FSA18-VEH16.0, Specification#64, at the following costs following review and approval from the County Attorney. 3. Bid Waiver and Capital Equipment Purchase - Two eFactor3 Metso Waste Shredders St. Lucie County Solid Waste (SLCSW) requests a bid waiver per Section 8.1 (a) (3) of the purchasing manual to purchase two used Metso eFactor3 Waste Shredders and a Cutting Table 4000-8 Samurai HF (cost reduced on unit 1 by $30,000.00 because it has <100 hours and cost reduced on unit 2 by $30,000.00 because it has <100 hours and Cutting Table cost reduced by $66,980.00) This would allow SLCSW to mulch yard waste and garbage in-house. SLCSW expended $671,561.72 in FY 19-20 and $502,424.51 in FY 20-21 for an outside vendor to mulch yard waste. A waste shredder eliminates the need for an outside vendor. An outside shredder vendor was not budgeted for in the current Budget for FY22-23. A second waste shredder would allow SLCSW to shred garbage. Based on a four -month period of demonstrations, this would result in smaller, denser bales and increase garbage bale weights by an average of 1,000 pounds. This translates to 3 bales of shredded garbage for every 4 bales of un-shredded garbage. This is an airspace savings, increasing the life of the SLC Landfill. Staff recommends the Board authorize staff to purchase the two used eFactor3 Metso Waste Shredders and one cutting table for a total cost of $1,995,700.00. 4. New Capital Lease and Exercise of Purchase Option - Caterpillar 745 Articulated Trucks St. Lucie County Solid Waste (SLCSW) requires the use of heavy duty dump trucks around the site for daily operation. In the past, this equipment was purchased. Staff is requesting to lease one new 2023 Caterpillar 745 Articulating Truck to replace equipment that is nearing or has reached its end of life. Staff is also requesting to exercise the purchase option on an existing lease agreement for a 2019 Caterpillar Articulating Truck currently in SLCSW possession. It is 7 1 PagE Page 7 of 1533 Regular Meeting Tuesday, December 6, 2022 6:00 PM more cost effective to lease this equipment on a long term basis rather than purchase them since maintenance is included in the leases, however the 2019 Caterpillar 745 is nearing the end of a three-year lease and still has a few years of useful life. Staff recommends the Board authorize staff to enter into one long term capital leases, with option to buy, for a new 2023 Caterpillar 745 Articulated Truck and exercise the option to buy under and existing capital lease for one 2019 Caterpillar 745 Articulated Truck from Florida Sheriff's Association Contract# FSA18-VEH16.0, Specification#64, at the following costs following review and approval from the County Attorney. 9. PUBLIC HEARINGS A. COUNTY ATTORNEY 2nd Public Hearing - Ordinance No. 2022-033 - Amending the St. Lucie County Land Development Code By Amending Section 7.10.30 Reasonable Accommodation Appeals This is the second of two public hearings. Staff recommends that the Board adopt the proposed ordinance. B. PLANNING & DEVELOPMENT SERVICES Proposed Comprehensive Plan Future Land Use Map Amendment (Large -Scale) for Oak Ridge Ranches from AG-5 (Agriculture-5) to MXD (Mixed -Use Development) Activity Area, with Associated Subarea Policies Staff recommends the Board approve transmittal of the proposed future land use map amendment with staff's recommended sub -area policy adjustments. A Comprehensive Plan Future Land Use Map Amendment (Small-scale) to change the land use category from COM (Commercial) to the MXD (Mixed -Use Development) category, submitted by Redtail Design Group, on behalf of Neal Keys Staff has reviewed the proposed small-scale Comprehensive Plan Future Land Use Map Amendment and determined it is consistent with the Goals, Objectives, and Policies of the Comprehensive Plan. Staff recommends the Board approve Ordinance 2022-034, authorizing the Chair to sign documents as approved by the County Attorney. 3. A Zoning Atlas Amendment (Rezone) from CG (Commercial, General) to PUD (Planned Unit Development), and a Preliminary PUD Site Plan for a project to be known as the Eden Oaks PUD located at 6201 S. US Highway 1 in Port St. Lucie, submitted by Red Tail Design Group on 81Page Page 8 of 1533 Regular Meeting Tuesday, December 6, 2022 6:00 PM behalf of Neal Keys - THIS ITEM IS QUASI-JUDICIAL Staff has reviewed these petitions and determined that they conform to the Standards of Review as outlined in Section 11.06.03 of the St. Lucie County Land Development Code and are consistent with the St. Lucie County Comprehensive Plan Goals, Objectives, and Policies. Staff recommends the Board approve the rezoning and preliminary PUD Site Plan via Resolution 2022-227, contingent upon the Future Land Use Map Amendment adoption and effective date, with conditions outlined in the Draft Resolution. The Board's action further authorizing the Chair to sign documents as approved by the County Attorney's office. 4. Lynn Ranch S. Header Canal (fka Drawdy Header Canal South) Road Paving Waiver Request in Accordance with Section 7.05.07(B)(2) Provisions for Access to New Development Located Approximately 2,036 feet South of Okeechobee Boulevard and West of South Header Canal Road in St. Lucie County Florida - THIS ITEM IS QUASI-JUDICIAL Staff has reviewed the request and recommends providing a conditional waiver for the paving requirements and provision of fair share contribution. Consistent with previous Board actions, staff recommends a condition that the current and future owners and their heirs/assigns agree to participate and shall be a "yes" vote in any lawfully established MSTU, MSBU or other special assessment district created for the purpose of providing paving and/or drainage improvements to S Header Canal Road. C. PUBLIC WORKS 1. Ru-Mar Agricultural Tailwater Recovery Project Mining Permit Exemption Application - THIS ITEM IS QUASI-JUDICIAL - Continued from October 4, 2022 Staff recommends the Board approve the mining permit exemption with the following conditions: • The removal of excavated material under this exemption shall be performed and completed by June 6, 2023. • The hauling operation is limited to Monday through Friday within the hours of 8:00am and 5:00pm, excluding holidays. If there are documented adverse effects from the hauling operation during the school session, the County Engineer may further restrict the hours of operation from daylight to 5:00pm, Monday through Friday. • A maintenance agreement bond or line of credit will be secured within 30 days of Board Approval and maintained until receiving County written approval of hauling completion. The County will inspect the haul route, including but not limited to, Glades Cut Off Road and Range Line Road, during and following the hauling operation. Ru-Mar, Inc. will be responsible for any damage associated with the hauling. • This mining permit exemption may be revoked for: (1) Violation of any condition imposed upon such approval; and 91Page Page 9 of 1533 Regular Meeting Tuesday, December 6, 2022 6:00 PM (2) Upon complaint and proof of adverse effect on adjacent properties. The permit may be revoked only after the Board of County Commissioners holds a public hearing in accordance with Section 11.00.04 unless the permittee consents to a revocation of the permit. If the permittee provides written consent to the revocation, the Director shall revoke the permit and notify the Board of County Commissioners of the revocation. 10. REGULAR AGENDA A. PLANNING & DEVELOPMENT SERVICES Drawdy Brothers Investments LLP and Drawdy Properties LLC submitted a Major Site Plan for Lynn Ranch South Header Canal (Formerly Known As Drawdy Header Canal South) - THIS ITEM IS QUASI-JUDICIAL Drawdy Brother's Investments, LLLP and Drawdy Properties LLC intend to amend the Lynn Ranch South Header Canal (Formerly Known As Drawdy Header Canal South) to include ten (10) lots whereas the prior Drawdy Header Canal South site plan was approved for six (6) lots. The applicants own two parcels of land totaling 57.87 acres, located on the west side of Header Canal Road, approximately 2,000 feet south of the intersection of SR 70 (Okeechobee Road) and Header Canal Road. Staff recommends the Board approve the major site plan subject to the conditions in Resolution 2022-224. 11. ANNOUNCEMENTS A. The Board of County Commissioners will hold an Informal meeting on Tuesday, December 13, 2022 at gam in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. B. The Board of County Commissioners will hold a Regular meeting on Tuesday, December 13, 2022 at 1pm in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. C. County offices will be closed on Friday, December 23, 2022 and Monday, December 26, 2022 in observance of Christmas and Monday, January 2, 2023 in observance of New Years Day. 12. MOTION TO ADJOURN 10 1 P a g Page 10 of 1533 Regular Meeting Tuesday, December 6, 2022 6:00 PM 11 I age Page 11 of 1533 91rc LUCE W49ft 11 L"C", P La©n BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting November 15, 2022 Convened: 1:01 PM Adjourned: 2:59 PM 1. CALL TO ORDER the meeting was called to order at 1:01 PM by Chair Sean Mitchell, District No. 2. Present Commissioner Sean Mitchell District 2, Commissioner Frannie Hutchinson District 4, Commissioner Chris Dzadovsky District 1, Commissioner Linda Bartz District 3, Commissioner Cathy Townsend District 5 Also Present Howard Tipton, County Administrator Dan McIntyre, County Attorney Alphonso Jefferson, Deputy County Administrator Katherine Barbieri, Assistant County Attorney III JoAnn Riley, Property Acquisition Manager Stan Payne, Director of Port & Airport Mark Satterlee, Deputy County Administrator Erin Taylor, Associate Planner Jeff Dority, Facilities Director Tahir Curry, Planning & Development Services Planner I Kori Benton, Planning & Development Services Planning Manager Barbara Guettler, Public Works MSBU Coordinator Mayte Santamaria, Planning & Development Services Director George Landry, Solid Waste Director Vera Smith, Deputy Clerk Recording Secretary 2. INVOCATION The County Administrator led the invocation. 3. PLEDGE OF ALLEGIANCE Page 12 of 1533 BOCC Regular Meeting Tuesday, November 15, 2022 1:00 PM 4. PUBLIC COMMENT (excluding Public Hearing Items) Chair Mitchell opened the meeting for public comment at this time. The following people addressed the Board: • Anthony Bordinger, on behalf of Michael Marburger d/b/a Mike's Organic Top Soil, addressed the Board regarding Consent Agenda item 8.C.1. He expressed concerns regarding code compliance and the Florida Department of Environmental Protection (FDEP) fire violation. Upon discussion between the Board and County Attorney Dan McIntyre regarding the jurisdiction and unincorporated areas, the item was removed from the consent agenda and placed on the regular agenda as County Attorney item 10.13.4. to allow the Board and Mr. Bordinger more time to discuss and address concerns. With no one else wishing to address the Board, Chair Mitchell closed public comment. 5.APPROVAL OF MINUTES H IIIUUUII WdJ IIIdUC LU dF. p[UVC dll f11111ULC SCIJ, d[IU IL PdSJCU U11dI111IlUUJIy. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 3 Linda Bartz AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None A. Board of County Commissioners minutes for the BOCC Regular Meeting of November 1, 2022. 6. PROCLAMATIONS APPROVAL A. Resolution No. 22- 216 - Proclaiming the month of November 2022 as "Alzheimer's Awareness Month" in St. Lucie County, Florida The deputy clerk read the proclamation into the record. A motion was made to adopt the resolution, and it passed unanimously. Chair Mitchell presented the proclamation to "Alzheimer's Community Care," Past Chair Board of Directors Robert J. Gorman, and Interim President and CEO Kevin P. Wrenne. They thanked the boara ana acceptea the proclamation. RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 4 Frannie Hutchinson AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 21 Page 13 of 1533 BOCC Regular Meeting Tuesday, November 15, 2022 1:00 PM 7. PRESENTATIONS There were no items scheduled. 8. CONSENT AGENDA A motion was made to adopt the consent agenda. With a modification of item 8.C.1 to be pulled and moved to the Regular Agenda item under the County Attorney, as item 10.13.4., and a modification of staff recommendation on item 8.H.2. to specify the funding allocation is for Carlton Road Bridge, and it passed uiiannrivuaiy. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 4 Frannie Hutchinson AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None A. WARRANTS 1. Warrant Lists Old Year 56 / New Year 4 - 6 Adopted by Consent Vote B. ADMINISTRATION 1. Resolution - Authorizing Board of County Commissioners to Participate in Joint Meeting with Indian River County Board of County Commissioners, Martin County Board of County Commissioners, and Okeechobee County Board of County Commissioners Staff recommended the Board adopt proposed Resolution No. 2022- as drafted. Adopted by Consent Vote *RES-2022-230 has been assigned post -approval. 2. St. Lucie County Local Technology Planning Team - ATTACHMENT AMENDED Staff recommended the Board adopt the resolution and the creation of St. Lucie County Local Technology Planning Team. Adopted by Consent Vote 3. Approval to Allocate American Rescue Plan Act - Local Assistance and Tribal Consistency Fund (LATCF) in the amount of $100,000.00 to Ten Mile Creek Project - THIS ITEM IS RELATED TO THE AMERICAN RESCUE PLAN 31Page Page 14 of 1533 BOCC Regular Meeting Tuesday, November 15, 2022 1:00 PM Staff recommended Board approval to allocate the Local Assistance and Tribal Consistency Funds in the amount of $100,000.00 to the Ten -Mile Creek Cleanout/Oxbow Restoration Project and County Administration to request funds from the US Treasury; and authorization for the Chair to sign documents as approved by the County Attorney Adopted by Consent Vote 4. Senior Management Service Class Options - ADD ON Staff recommended the Board approve the alternative deferred compensation benefit for eligible Department Directors and authorize the Chair to sign the associated resolution, and authorize staff to work with TIAA-CREF Financial Services on associated changes needed to the 457(b) plan documents and authorization for the Chair to sign plan documents as approved by the County Attorney. Adopted by Consent Vote C. COUNTY ATTORNEY 1. St. Lucie County vs. Marburger Ranch LLC - Permission to Sue Staff recommended that the Board grant permission to file suit against Marburger Ranch LLC. Item was pulled from the Consent Agenda and added as a Regular Agenda item under the County Attorney as item 10.8.4. 2. Reimbursement Resolution Staff recommended that the Board approve the resolution and authorize the Chair to sign the resolution. Adopted by Consent Vote 3. Revocable License Agreement - 3213 Live Oak Lane - River Oak Estates - Debora Jo Gessley - Parcel ID 2430-502-0048-000-6 Ms. Gessley is requesting a Revocable License Agreement to install a 5' chain -link fence with gates along the north, south, and west sides of the property, within the County's 10' Drainage/Utility Easement per the Plat recorded in Plat Book 16, Page 5. She understands if the County Engineer determines the fence and gates are causing flooding, drainage problems, or for other needs in the area, the fence and gates will need to be removed or relocated at her expense. Engineering, Road & Bridge, and Water Quality have reviewed the license agreement and have no objections. Staff recommended the Board approve the revocable license agreement, authorize the Chair to sign 4 1 PagE Page 15 of 1533 BOCC Regular Meeting Tuesday, November 15, 2022 1:00 PM the agreement, and direct Ms. Gessley pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 4. Approval of Agreement with Medical Risk Solutions, LLC dba My Health Onsite as new operator for the County Employee Health Clinic - ATTACHMENT ADDED Staff recommended that the Board authorize the Chair to sign the Health Care Medical Services Agreement with MRS as reviewed and approved by the County Attorney. Adopted by Consent Vote D. HUMAN RESOURCES 1. BlueMedicare Agreement Annual Renewal - Standard Annual Renewal Staff recommended the Board approve the BlueMedicare Agreement and authorize the Chair to sign the agreement. Adopted by Consent Vote E. OFFICE OF MANAGEMENT & BUDGET 1. FY 23 Budget Resolution Recognizing Unanticipated Revenue Staff recommended approval of this agenda item to recognize the funds to amend the budget by $3,467,187.00. Adopted by Consent Vote 2. FY 22 Budget Resolution Recognizing Unanticipated Revenue Staff recommended approval of this agenda item to recognize the funds to amend the budget by $516,340.00. Adopted by Consent Vote 3. Request for Qualifications (RFQ) No. 22-075 - Professional Consulting Services - St. Lucie County Mobility Infrastructure Plan Staff recommended Board approval of the short-listed firms for RFQ No. 22-075 and permission to: • Conduct discussions/presentations with short-listed firms; • Conduct contract negotiations with the successful short-listed firm; If negotiations are successful, award contract to the successful short-listed firm and authorization for the Chairman to sign the documents as prepared by the County Attorney. Page 16 of 1533 BOCC Regular Meeting Tuesday, November 15, 2022 1:00 PM Adopted by Consent Vote 4. Request for Qualification (RFQ) - No. 22-070 Professional Utilities Engineering Services - Continuing Contracts Staff recommended Board approval of the short-listed firms for RFQ No. 22-070 and permission to: • Conduct contract negotiations with successful short-listed firms: • If negotiations are successful, award contracts to the successful short-listed firms and authorization for the Chairman to sign the documents as prepared by the County Attorney. Adopted by Consent Vote 5. Request for Qualifications (RFQ) No. 22-074, Professional Engineering Services — Class I Phase V Cell Design, Permitting & Engineering Services Staff recommended Board approval of the highest ranked firm, CDM Smith, for RFQ No. 22-074 and permission to: • Conduct contract negotiations with the highest -ranked firm, CDM Smith; • If negotiations are successful, award contract to the highest ranked firm and authorization for the Chairman to sign the documents as prepared by the County Attorney. Adopted by Consent Vote F. PARKS & RECREATION 1. North Causeway Island Park Boat Launch, Amenities, & Parking Improvement Project - Grant Acceptance FWC FBIP Grant - $1,267,363.09 - ITEM PULLED PRIOR TO METTING Item was pulled from the Consent Agenda prior to the meeting. 2. St Lucie County Sheriff's Office 6th Annual Gary Morales Softball Tournament & Family Fun Day - Fee Waiver $612.00 Staff recommended waiving the field rental fees of $612.00 for the upcoming St Lucie County Sheriff's Office 6th Annual Gary Morales Softball Tournament & Family Fun Day and Lakewood Regional Park on November 19, 2022. Adopted by Consent Vote 3. Lakewood Park Potable Water Project - Eastern Pipeline Construction Inc. Change Order No. 01 to Contract C21-07-459 in the amount of $573,997.90 Staff recommended Board approval of Change Order No. 01 to Contract C21-07-459 with Eastern Pipeline Construction and authorization for the Chair to sign documents as approved by the County 61Page Page 17 of 1533 BOCC Regular Meeting Tuesday, November 15, 2022 1:00 PM Attorney. Adopted by Consent Vote G. PLANNING & DEVELOPMENT SERVICES 1. Waterstone PUD Phase Five - Final Plat for Seventy -Four (74) Single-family Residential Lots, Open Space Parcels, and Roadway Improvement Staff recommended the Board approve the Waterstone PUD Phase Five Final Plat and authorize the Chair to sign the plat and associated agreement documents as approved to form by the County Attorney, conditioned upon a Subdivision Improvement Agreement (SIA) and the associated surety prior to recording. Adopted by Consent Vote 2. Fort Pierce Shores Minor Replat (After -the -Fact) for Lot 3 and Lot 4 of Fort Pierce Shores Plat Block 30 Lot 3 will consist of 12,500 square feet and Lot 4 of 13,232 square feet. The subject property is within the RS-4 (Residential, Single -Family - 4) Zoning District, with a consistent RU (Residential, Urban) Future Land Use designation. The project is located inside the Urban Service Boundary (USB). Staff recommended the Board approve the Fort Pierce Shores Minor Replat, authorizing the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 3. Ocean Glass PUD (FKA Sea Glass & Tailor's Cove) Final Plat Staff recommended the Board approve the Final Plat for OceanGlass PUD (FKA SeaGlass / Tailor's Cove) and authorize the Chair to sign documents as approved by the County Attorney, conditioned upon approval of a Subdivision Improvement Agreement (SIA), associated surety for completion of required infrastructure. Adopted by Consent Vote H. PUBLIC WORKS 1. Kings Highway Conduit Installation — Final Acceptance - THIS PROJECT IS FUNDED BY THE INFRASTRUCTURE SALES TAX Staff recommended Board acceptance of the Kings Highway Conduit Installation project and authorization by the Chair for final approval by the County Attorney. Adopted by Consent Vote 2. FPL Sundew Solar — Roadway Improvement Agreement (RIA) Modification 71Page Page 18 of 1533 BOCC Regular Meeting Tuesday, November 15, 2022 1:00 PM Staff recommended Board approval of the modification to the Roadway Improvement Agreement with FPL, accept funds in the amount of $300,000.00, and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote Commissioner Hutchinson pulled the item for separate discussion and advised staff's recommendation does not include the allocation of the funding and recommended the Carlton Road Bridge project be specified within the recommendation. 9. PUBLIC HEARINGS A. COUNTY ATTORNEY 1. 1st Public Hearing - Ordinance Amending the St. Lucie County Land Development Code By Amending Section 7.10.30 Reasonable Accommodation Appeals Katherine Barbieri, Assistant County Attorney III, presented this item to the Board. An ordinance amending the St. Lucie County Land Development Code Section 7.10.30 Reasonable Accommodation Appeals. The Reasonable Accommodation: "A statutorily established method by which an individual who is disabled and/or handicapped (as those terms are defined in Title II 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 under the referred statutes, can request a modification or alteration in the application of a specific Code provision, rule, policy, or practice, to them. The proposed accommodation sought by the disabled individual must be reasonable and necessary to afford such a person an equal opportunity to use and enjoy housing". The current procedure is to appeal to the Board for a denial of a reasonable accommodation. The proposed Ordinance will change the appeal from the Board to the Circuit Court. This is the first of two public hearings. Staff recommended that the Board approve the proposed draft ordinance for a second public hearing on December 6, 2022, or soon thereafter. Chair Mitchell opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Mitchell closed the public hearing. The Board did not have any questions or comments on this item. 4 motion was made to approve statt recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 81Page Page 19 of 1533 BOCC Regular Meeting Tuesday, November 15, 2022 1:00 PM 2.Ordinance No. 22-032 - Reauthorizing the Levy for the Local Option Fuel Tax Daniel McIntyre, County Attorney, presented this item to the Board. This Board has previously adopted the six cents ($0.06) local option tax upon every gallon of motor fuel and diesel fuel and a five -cent ($0.05) local option tax upon every gallon of motor fuel sold in St. Lucie County. The levy of the taxes is scheduled to expire on December 31, 2023. The County Administrator recommends extending the local option gas tax through December 31, 2025. According to the County's Management and Budget Director, extending the tax through 2025 is in line with the next time, which is a 10-year period that the County would need to recalculate the distribution based on the statutory section in Florida law. The County Attorney has a prepared ordinance that, if adopted, would extend the local option gas tax through December 31, 2025. Staff recommended that the Board approve Ordinance No. 22-032 and authorize the Chair to sign the Ordinance. Chair Mitchell opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Mitchell closed the public hearing. The Board did not have any questions or comments on this item. 4 motion was made to approve statt recommendations, and it passed unanimous RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 3 Linda Bartz AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 3. Public Hearing - Authorizing Exchange Agreement between the City of Fort Pierce and St. Lucie County for Certain Rights -of -Way - Resolution No. 2022-218 JoAnn Riley, Property Acquisition Manager, and Stan Payne, Director of Port & Airport, presented this item to the Board. In September 2017, the Board approved a Purchase and Sale Agreement. At the time, the King Maritime Group, LLC agreed to sell five parcels to the County, which consisted of 12.34 acres, along with a Submerged Lands Lease with the Board of Trustees, the approvals for the installation of a pier to facilitate the operation of a travel lift, and a 10% interest in real property owned by Destin Beach. The County previously acquired the Harbor Point property in 1976, also located in the port area. County staff and the City of Fort Pierce staff have negotiated a proposed exchange agreement involving the exchange of specific right-of-ways for the Board's consideration. Staff provided the Board with a map to graphically depict the proposed exchange of rights -of -way. The County will convey the following to the City 9 1 PagE Page 20 of 1533 BOCC Regular Meeting Tuesday, November 15, 2022 1:00 PM • Indian River Drive from Avenue A to Seaway Drive The City will convey the following to the County • Avenue M Extension • Fisherman's Wharf from the Florida East Coast Railway (FEC) right-of-way to its eastern terminus • Harbor Street • Port Avenue • North 2nd Street from Seaway Drive to its northern terminus • North Indian River Drive from Seaway Drive to Fisherman's Wharf The approved exchange will allow the County to seek grants to fund the reconstruction and improvement of certain access roads to the Port of Fort Pierce, which would directly benefit County owned property at the Port. On October 18, 2022, the Board approved Permission to Advertise the Exchange Agreement between the City of Fort Pierce and St. Lucie County for Certain Rights -of -Way. The Notice of Intent was advertised in the St. Lucie News Tribune on October 31 and November 7, 2022. Also, on November 7, 2022, the City of Fort Pierce Commission approved the exchange agreement with the County. Staff recommended the Board approve Resolution No. 2022-218, which authorizes the exchange agreement between the City of Fort Pierce and St. Lucie County for Certain Rights -of -way. Staff also recommended the Board authorize the Chair to sign both the resolution and the exchange agreement as reviewed and approved by the County Attorney and record the documents in the public records of St. Lucie County, Florida. Chair Mitchell opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Mitchell closed the public hearing. The Board did not have any questions or comments on this item. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 5 Cathy Townsend AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 4. Public Hearing - Authorizing Exchange Agreement between Destin Beach, Inc. and St. Lucie County - Resolution No. 2022-220 Item presented in conjunction with 10.8.1. JoAnn Riley, Property Acquisition Manager, and Stan Payne, Director of Port & Airport, presented this item to the Board. A consideration of the Board to an exchange agreement with Destin Beach. As previously indicated, the Board purchased five parcels from the King Maritime Group, LLC., consisting of 12.34 acres 10 1 Page 21 of 1533 BOCC Regular Meeting Tuesday, November 15, 2022 1:00 PM and allocating 10% interest in the Destin Beach property. Staff provided the Board with a map locating the properties owned by the County and a map of properties owned by Destin Beach. Also advised once the City of Fort Pierce conveys Avenue M to the County after the approved agreement, it will also be conveyed to Destin Beach. The County's independent appraisers, Parrish & Edwards, Inc. and Fuller-Armfield-Wagner, completed appraisals on the proposed parcels to be exchanged. The contributions of the various parcels are as follows: Destin Beach contribution to the six Parcels (131, B2, 133,133, B9 B10) conveyed to the County total value: $4,655,703.00 County Property contribution with the 10% value/credit to Destin Beach and Parcel D1 (Avenue M) total value of the assets: $4,658,600.00 When the County acquired the property at the Port, Ordinance No. 17-021 was adopted to consider the 10% interest. The County Attorney suggested highlighting the following: "WHEREAS, the County's intent in connection with the acquisition of the 10% interest in the Destin Beach Property is not to create a joint venture in the use and enjoyment of the property or create any affirmative funding obligations on the part of the County; and WHEREAS, if the 10% interest in the Destin Beach Property is acquired, the County will have no community of interest in the use and enjoyment of the Destin Beach Property with the other owners; and transferring the undivided 10% as proposed will eliminate any legal issues pertaining to the creation of a 'joint venture" with Destin Beach Inc." The approved exchange would relocate the access road to Harbour Pointe and reroute the stormwater along the new access road, which will be a 100-foot right-of-way. The exchange would result in the conveyance of the County's 10% interest in the Destin property, which the County inherited as part of the closing with King Maritime Group. The County Attorney has proposed a settlement with Destin Beach Inc. in a separate document (item 10.B.1) that, if approved, would result in a dismissal of the lawsuit between King Maritime Group, which is now the County, and Destin Beach. November 1, 2022, the Board approved Permission to Advertise the Exchange Agreement between Destin Beach, Inc. and St. Lucie County. On October 31 and November 7, 2022, the Notice of Intent to Exchange Property was published in the St. Lucie News Tribune. Stan Payne, Director of Port & Airport, addressed the Board and provided a brief historical overview of the Port of Fort Pierce. Mr. Payne advised the Port Master Plan is a 20-year vision; in 2019, the County entered an agreement with the Director of shipyards with an empty terminal, and as of March 2022, a lift is in place with a large vessel and an entire terminal. As part of the King Maritime Group Terminal acquisition, the County will acquire a 10% interest in 67 acres of Destin Beach, Inc. Currently, most of the Port Operations Area 175 acres is privately owned, and only 35 are publicly owned. The current access to Harbour Pointe is Avenue M. It is an unpaved road on a 50-ft right-of-way with a 90% turn. It cannot support the development of any nature at Harbour Pointe. The exchange provides the property for a new, straight paved road into Harbour Pointe on a 100-ft right-of-way. The exchange provides 11 I Page 22 of 1533 BOCC Regular Meeting Tuesday, November 15, 2022 1:00 PM nearly 3-acres of waterfront property on Taylor Creek adjacent to Harbour Pointe to increase development opportunities. The County will gain an additional acre to the south of the new roadway to facilitate traffic flow into the new Harbour Pointe. The County's 10% interest and lawsuit are extinguished, which, along with the relocation of Avenue M, will help facilitate the development of the Destin Beach parcels. The new Avenue M and nearly 3 acres of waterfront property can be used to support Phase 1 of a development plan that includes: • A large public boat ramp • Waterfront infrastructure and the uplands to support the artificial reef program. • Waterfront infrastructure and the uplands development to support the commercial fishing industry. Staff recommended the Board approve Resolution No. 2022-220, which authorizes the exchange agreement between Destin Beach, Inc. and St. Lucie County. Staff also recommended the Board authorize the Chair to sign both the resolution and the exchange agreement as reviewed and approved by the County Attorney and record the documents in the public records of St. Lucie County, Florida. Chair Mitchell opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Mitchell closed the public hearing. The Board commented and thanked all staff for their hard work and dedication to the monumental agreement exchange. The Board also acknowledged the Bell Family for working with the County and coming to an agreement. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 4 Frannie Hutchinson AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 5. Public Hearing - Authorizing Exchange Agreement between the County and the St. Lucie County Fire District; Old Fire Station #2, South Hutchinson Island; Lot 3, Replat of Quad 1A Treasure Coast Research and Education Park - Resolution No. 2022-219 Dan McIntyre, County Attorney, JoAnn Riley, Property Acquisition Manager, and Mark Satterlee, Deputy County Administrator, presented this item to the Board. A proposed exchange agreement between the County and the Fire District about old fire station #2 on South Hutchinson Island Lot 3, Replat of Quad 1A at the Treasure Coast Research and Education Park (TCERDA) property. The County will be conveying the lot in the research park to the fire district, which would build a fire station on -site to benefit the County and the fire district. County and District staff are discussing the possibility of exchanging the County's TCERDA property for Old Fire Station #2. It has been suggested that the proposed resolution not include the reverter clause. Still, instead, the resolution would indicate the Fire District would have a specific time frame to build 121Page Page 23 of 1533 BOCC Regular Meeting Tuesday, November 15, 2022 1:00 PM the fire station, and if not completed within the time frame allotted 3-4 years, the property would revert to the County. But if the fire station is built within the allotted 3-4 years, there will be no reverter clause to prevent investment losses. The building would then be operable for 30 years or the facility's useful life. On November 1, 2022, the Board approved permission to advertise, and the Notice of Intent to exchange property between the County and the St. Lucie County Fire District was published in the St. Lucie News Tribune on October 31, 2022, and November 7, 2022. Staff recommended the Board approve Resolution No. 2022-219, which authorizes the exchange agreement between the County and the St. Lucie County Fire District. Staff also recommended the Board authorize the Chair to sign both the resolution and exchange agreement as reviewed and approved by the County Attorney and record the documents in the public records of St. Lucie County, Florida. Chair Mitchell opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Mitchell closed the public hearing. The Board discussed the reverter clause within the agreement and the language within the resolution. County Attorney Dan McIntyre advised modifying the staff recommendation and recommended the Board adopt the resolution. Also, adopt the exchange agreement but as modified to delete the current reverter clause language and insert language to the effect that the Fire District has three (3) years to build and five (5) years to open. If the terms are not met, the property will revert to the County. But once the Fire Station is built and opened, there will be no reverter clause, and the Fire District will be fully invested in the site and clear of the reverter clause. Mr. McIntyre mentioned the agreement could also provide the Fire District with an option to request an extension from the Board with a reasonable cause. A motion was made to approve staff recommendations with the additional language modified to delete the current reverter clause language and insert language to the effect that the Fire District has three (3) years to build and five (5) years to open. If the terms are not met, the property will revert to the County. But once the Fire Station is built and opened, there will be no reverter clause and an option to request an extension rrom the Board with a reasonable cause, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 4 Frannie Hutchinson AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None B. PLANNING & DEVELOPMENT SERVICES 1. Hinkle Rezone - A Zoning Atlas Amendment to rezone the subject +/- 4.06-acre parcel from the RM-5, Residential Multiple-Family-5 Zoning District, to the AR-1, Agricultural, Residential -1 Zoning District - THIS ITEM IS QUASI-JUDICIAL 131Page Page 24 of 1533 BOCC Regular Meeting Tuesday, November 15, 2022 1:00 PM This public hearing was Quasi -Judicial, and the commissioners made the following disclosures regarding this item: Commissioner Frannie Hutchinson - Spoke with staff only. Commissioner Linda Bartz - Spoke with staff only. Commissioner Chris Dzadovsky - Spoke with staff only. Commissioner Cathy Townsend - Spoke with staff only. Chair Sean Mitchell - Spoke with staff only. Erin Taylor, Planning & Development Services Associate Planner, presented this item to the Board. The applicant requests approval to change the zoning from Residential, Multiple -Family to Agricultural, Residential-1. The 4.06-acre site is located at 7405 Silver Oak Drive in Port St. Lucie and is a working residence with a detached accessory workshop on the property. Following public notice requirements of the St. Lucie County Land Development Code, public notice was advertised in the St. Lucie County News Tribune on November 4, 2022, and notices were mailed to 10 surrounding property owners within a 500-foot radius of the property, and a sign was posted. The proposed rezoning to the Agricultural Residential —1 du/ac Zoning District is consistent with the Residential Urban Future Land Use designation, as per the Comprehensive Plan Land Use Designation / Zoning Compatibility Chart. The proposed rezoning will lower the density potential from 5 du/ac to 1 du/ac. The proposed Rezone Petition will conform to the minimum lot standards following the Land Development Code Section 7.04.01 for the AR-1 Zoning District. On October 20, 2022, the Planning and Zoning Commissioner voted unanimously to forward this petition to the Board of County Commissioners with a recommendation of approval. Staff recommended the Board approve Resolution 2022-206 to rezone the subject parcel from RM-5 (Residential, Multi-Family-5 du/ac) to the AR-1 (Agricultural, Residential —1 du/ac) Zoning District. Chair Mitchell opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Mitchell closed the public hearing. The Board did not have any questions or comments on this item. y motion was mace to aDDrove starr recommencations, anc it Dassea unanimous RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 7-11 Kings Highway/Angle Road Rezone: Amendment to the Official Zoning Atlas for a change in zoning from the AG-1 (Agricultural —1) to the CG (Commercial, General) Zoning District, for 2.96 +/- acres, located at the northeast corner of the subject 39.48 +/- acre parcel - THIS ITEM IS QUASI- JUDICIAL 141Page Page 25 of 1533 BOCC Regular Meeting Tuesday, November 15, 2022 1:00 PM This public hearing was Quasi -Judicial, and the commissioners made the following disclosures regarding this item: Commissioner Frannie Hutchinson - Spoke with staff only. Commissioner Linda Bartz - Spoke with staff only. Commissioner Chris Dzadovsky - Spoke with staff only. Commissioner Cathy Townsend - Spoke with staff only. Chair Sean Mitchell - Spoke with staff only. Tahir Curry, Planning & Development Services Planner I, presented this item to the Board. Following public notice requirements, a public hearing was noticed with a sign on the petition site, advertised in the Local Newspaper on November 4, 2022, and mailed notices to 17 property owners within 500 ft., and no responses were received. The +/- 39.48-acre parcel is located at the Southwest corner of the King's Highway and Angle Road intersection. The proposed rezoning to the Commercial, General Zoning District is consistent with the Commercial Future designation, per the Comprehensive Plan Policy 1.1.1.3 - Land Use Designation / Zoning Compatibility Chart. The future land use designation is Commercial. This rezoning aims to allow for a retail convenience store per Land Development Code Section 3.01.03.5. The subject property currently has a zoning designation of Agricultural — 1. The surrounding properties comprise agricultural, Planned Unit Development, and industrial zoning districts. The proposed development would occupy +/- 2.96 acres from the overall +/- 39.48-acre parcel. On October 20, 2022, the Planning and Zoning Commission voted unanimously to forward a recommendation of approval to the Board. This petition conforms to the Standards of Review as set forth in St. Lucie County Land Development Code Section 11.06.03 and is consistent with the St. Lucie County Comprehensive Plan goals, objectives, and policies. Staff recommended the Board approve the rezone petition from CG (Commercial General) Zoning District to the AG-1 (Agricultural - 1) Zoning District. Chair Mitchell opened the hearing for public comment at this time. The following people addressed the Board. • Brad Curry (Agent) With no one else wishing to address the Board, Chair Mitchell closed the public hearing. Commissioner Dzdovsky and Commissioner Hutchinson expressed concerns regarding the development's roadway turn -in and turn -out lanes and landscaping. Mr. Curry advised the Board they are in discussions with FDOT and have provided several plans for 7-11 with turn lanes. He mentioned the three different roadway plans for the corner piece of the development, existing conditions, proposed conditions, and the revised conditions for the landscaping surrounding the development. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 3 Linda Bartz AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None 15 1 Page 26 of 1533 BOCC Regular Meeting Tuesday, November 15, 2022 1:00 PM I EXCUSED: None I 3. Second Reading - Land Development Code Text Amendment: Amending Section 4.12.00, the Jenkins Road Area Plan Special District, particularly Section 4.12.03. - Road and Trail System, Subsections A & B. Kori Benton, Planning & Development Services Planning Manager, presented this item to the Board. A petition has been submitted to amend Land Development Code (LDC) Section 4.12.00, Jenkins Road Area Plan Special District. The proposal is to modify the required internal road system for the Jenkins Road Area Plan and add provisions to allow the Board authority to approve alternative roadway design cross -sections as part of a Planned Development. The Jenkins Road Area Plan Special District was adopted to guide future development within a 1,700-acre area generally extending from Orange Avenue to Angle Road and west to Kings Highway. The proposed amendment reflects changes in the marketplace and direction of land use. These regulations aim to create a viable road system and support multi -modal facilities built within the constraints of existing development, with adequate open space and recreational resources, and to protect natural resources. No roadways have been developed under the originally adopted or modified current District regulations. The Jenkins Road Area Plan Special District roadway network shall be dedicated, built, and eligible for road impact fee credits following the Thoroughfare Network Right -of -Way Protection Plan requirements. On October 20, 2022, the St. Lucie County Planning & Zoning Commission reviewed the proposed Text Amendment proposal and recommended approval. This petition conforms to the Standards of Review as set forth in St. Lucie County Land Development Code Section 11.06.03 and is consistent with the St. Lucie County Comprehensive Plan goals, objectives, and policies. Staff recommended the Board approve Ordinance 2022- 031 as approved by the County Attorney. Chair Mitchell opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Mitchell closed the public hearing. The Board did not have any questions or comments on this item. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 4 Frannie Hutchinson AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None C. PUBLIC WORKS 16 1 Page 27 of 1533 BOCC Regular Meeting Tuesday, November 15, 2022 1:00 PM 1. North Hutchinson Island MSBU - Notice of Intent Barbara Guettler, Public Works MSBU Coordinator, presented this item to the Board. One of the funding methods available for capital improvements and essential services is through non -ad valorem special assessments levied on specially -benefited properties within the proposed special assessment district and collected using the uniform method according to Section 197.3632, Florida Statutes. To preserve this collection option, the Board must adopt a resolution expressing its intent to use the uniform method commencing in November 2023. The resolution must be considered at a duly advertised public hearing held before January 1, 2023. The resolution does not oblige the County to levy special assessments; rather, it preserves the County's option to use the uniform collection method if special assessments are levied. Staff recommended the Board adopt the special assessment Notice of Intent Resolution 2022-200 for the North Hutchinson Island Municipal Services Benefit Unit and authorization for the Chair to sign documents approved by the County Attorney. Chair Mitchell opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Mitchell closed the public hearing. The Board did not have any questions or comments on this item. 4 motion was made to approve statt recommendations, and it passed unanimous RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 3 Linda Bartz AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 2. Culvert 2022-05 Municipal Services Benefit Unit - Assessment Resolution Barbara Guettler, Public Works MSBU Coordinator, presented this item to the Board. In February 2021, the Board established a voluntary program allowing eligible property owners to apply for and receive funding to improve or repair culverts and repay this funding through the imposition of a non -ad valorem special assessment against the improved property collected in annual installments on the tax roll. The proposed Resolution No. 2022-212 is the Assessment Resolution as required by County's Ordinance 21- 004, as amended. The purpose of this resolution relates to the imposition and collection of special assessments to fund stormwater culvert improvements within the MSBU. To determine that real property therein will be specially benefitted, establish the method of assessing the cost of the improvements, approve the assessment roll, and provide an effective date. Staff recommended Board approval of Resolution No. 2022-212, the Culvert 2022-05 MSBU Final Assessment Resolution, and authorization for the Chair to sign documents as approved by the County Attorney. 17 1 P a g Page 28 of 1533 BOCC Regular Meeting Tuesday, November 15, 2022 1:00 PM Chair Mitchell opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Mitchell closed the public hearing. Commissioner Townsend commented regarding the advertisement and education of the program for all citizens to gain the knowledge needed and available resources. 4 motion was made to approve statt recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 3 Linda Bartz AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 10. REGULAR AGENDA A. ADMINISTRATION 1. Interlocal Agreement Proposed Medical Examiner Facility Alphonso Jefferson, Deputy County Administrator, and Jeff Dority, Facilities Director, presented this item to the Board. The proposed Interlocal Agreement by and between the Medical Examiner for the 191" Judicial Circuit, District Board of Trustees of Indian River State College, and IndianRiver, Martin and Okeechobee County and St. Lucie County political subdivisions of the State of Florida that collectively constitute the 19th Judicial Circuit, Trustees, and the Counties will be collectively referred to as the purpose of locating, designing, permitting and constructing a new facility. The interlocal agreement provides for the lease of property, budgets and contract administration for space needs analysis, design, and construction, and a process to address any budget changes that result in additional funding requirements. Indian River State College will have a meeting with its Board of Trustees, and the remaining counties will have a hearing on November 22, 2022. At this time, all parties are in favor of the interlocal agreement. Staff will work with Indian River State College on an initial 30-year lease agreement with a 30-year renewal. They are not requesting ownership of the property/facility, only $1 a year. The property will remain with the County, and the County will maintain and handle all facility -related items associated. This agreement sets the foundation and the scoring work for the facility to be designed and constructed. There is no financial impact on the approval of this interlocal agreement. Budget information for the design and construction will be presented to the Board for approval. Staff recommended the Board approve the interlocal agreement for the proposed medical examiner facility. The Board did not have any questions or comments on this item. A motion was made to approve staff recommendations, and it passed unanimous RESULT: APPROVE 181Page Page 29 of 1533 BOCC Regular Meeting Tuesday, November 15, 2022 1:00 PM MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 3 Linda Bartz AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 1. Proposed Settlement - Dean King v. Destin Beach, Inc. Item presented in conjunction with 9.A.4. Daniel McIntyre, County Attorney, presented this item to the Board. In the litigation between King Maritime and Destin Beach Inc., Destin Beach Inc. filed a counterclaim against King Maritime seeking recovery of claimed unpaid maintenance expenses regarding the property owned by Destin Beach Inc. and King Maritime. Destin Beach Inc. provided documentation in the litigation that King Maritime shares 10% of unpaid taxes, etc., $1 million. Since assuming King Maritime's portion in the litigation, the County has attempted to negotiate a settlement with Destin Beach Inc. to resolve the litigation. A summary of the proposed settlement follows: • The Parties stipulate that the amount owed by King/County to DBI in connection with the Counterclaim of DBI in the Litigation totals the sum of One Million Dollars ($1,000,000.00) which amount shall be payable to DBI solely and directly by County with no required contribution from King. This amount shall be paid without interest or penalty and is fully due and payable to DBI upon the earliest of the following to occur: ➢ a. At closing, in the event, that DBI sells the property for fair market value in an arm's length transaction to a third party; or ➢ b. At closing, in the event that County and DBI enter into an exchange agreement, although the exchange agreement may provide that the stipulated amount of One Million Dollars ($1,000,000.00) is a part of the consideration for the exchange so that, theoretically, no cash from the County would be due and payable; or ➢ c. At closing, in the event that County sold its undivided ten percent (10%) interest in the property to a third party. • The Parties shall execute a Joint Stipulation for Dismissal with Prejudice of the Litigation in its entirety, including those claims raised in the Complaint and Counterclaim. • The Parties each agree to execute and exchange complete General Releases, excluding therefrom only the obligations contained within this Settlement Agreement. • The Joint Stipulation for Dismissal with Prejudice and the General Releases would be executed and exchanged between the Parties simultaneously with the "closing" as described in either (a), (b) or (c) above. 191Page Page 30 of 1533 BOCC Regular Meeting Tuesday, November 15, 2022 1:00 PM County staff believes that settling the King v. Destin Beach litigation in the matter set out in the proposed settlement agreement is in the County's best interest. Staff recommended that the Board approve the settlement agreement and authorize the Chair to sign the agreement. The Board did not have any questions or comments on this item. A motion was made to approve statt recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 5 Cathy Townsend AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 2. Local Option Gas Tax Resolution No. 22-210 - Notice of Intent to Levy Daniel McIntyre, County Attorney, presented this item to the Board. The distribution of proceeds from the levy of the $0.06 local option gas tax and the $0.05 local option motor fuel tax can either be distributed by Interlocal Agreement or by the default statutory formula. State Law requires the County to adopt a resolution of intent to levy the local option gas taxes before June 10, 2023. To move forward with the extension of the $0.06 local option gas tax and the $0.05 local option motor fuel tax, staff has drafted a proposed resolution of intent for consideration by the Board. Staff recommended that the Board approve the resolution and authorize the Chair to sign the resolution. The Board did not have any questions or comments on this item. 4 motion was made to approve statt recommendations, and it passed unanimous RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 3 Linda Bartz AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 3. Opioid Litigation - Proposed Settlement with Walmart - ADD ON Daniel McIntyre, County Attorney, presented this item to the Board. St. Lucie County has filed suit against various companies, including the Distributors and Settling Defendants referenced above, in what has been referred to as the National Prescription Opiate Litigation. Settlement funds will flow into the state and be allocated between the state and its local governments. The County passed a resolution that approved a Memorandum of Understanding with the state to fairly apportion settlement funds between the state and 201Page Page 31 of 1533 BOCC Regular Meeting Tuesday, November 15, 2022 1:00 PM its local governments. It was contemplated the Memorandum of Understanding would be reduced to a consistent formal agreement. By executing the participation agreements, the County accepts the agreements' terms. The County's litigation team has asked that the County provide notice by e-mail of the position no later than November 18, 2022, whether the County supports the proposed settlement. Also, the County's litigation team believes that the proposed settlement represents a fair and equitable resolution of opioid- related claims against Walmart. Staff recommended that the Board approve the proposed participation agreement for Walmart and authorize the Chair and County Attorney to cosign the agreement. The Board did not have any questions or comments on this item. a. motion was made to approve statt recommendations, and it passed unanimous RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 5 Cathy Townsend AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 4. St. Lucie County vs. Marburger Ranch LLC - Permission to Sue - ITEM PULLED FROM CONSENT 8.C.1. During Public Comment, Mr. Anthony Bordinger, on behalf of Michael Marburger d/b/a Mike's Organic Top Soil, addressed the Board regarding Consent Agenda item 8.C.1. He expressed concerns regarding code compliance and the Florida Department of Environmental Protection (FDEP) fire violation. The allotted three minutes under public comment was not enough time for Mr. Bordinger to express concerns. The Board motioned within the consent agenda approval to defer the item for further discussion. Marburger Ranch, LLC is a Florida limited liability company. The managers of the company are Courtney L. Marburger and Michael M. Marburger. Marburger Ranch uses a parcel of land in the County to receive, process, and store yard trash and other vegetative wastes. Marburger Ranch's operations do not comply with the County's Land Development Code requirements. On May 9, 2022, Courtney Marburger contacted the County by e-mail on behalf of Irrigation by Michael Marburger, Inc. d/b/a Mike's Organic Topsoil regarding relocating the business and the purchase piece of property to operate the soil business. The County informed Ms. Marburger that the identified parcel appears non -conforming due to the lack of road frontage. Also, to process yard waste, the site would need to be rezoned through to Utilities (U), with an accompanying Conditional Use Permit application. On or about July 6, 2022, Marburger Ranch bought the site and began to use it for yard waste processing. On August 25, 2022, the County issued notices of violation to Marburger Ranch and Mike's Organic Topsoil 211Page Page 32 of 1533 BOCC Regular Meeting Tuesday, November 15, 2022 1:00 PM Notwithstanding the County's warnings in May and August, Marburger, Inc. d/b/a Mike's Organic Topsoil continued to operate in violation of the County Code. Accordingly, the County staff brought this matter before the Code Enforcement Board at a public hearing on October 5, 2022. At the public hearing, the County staff asked the Code Enforcement Board to order Marburger, Inc. d/b/a Mike's Organic Topsoil to cease all business activity on the site until the property complies with the County Code. Marburger, Inc. d/b/a Mike's Organic Topsoil provided the reasonings to continue operating, including employees and equipment investments. Before the suit not clear whether the Respondents would ever be able to comply with the County Code. Marburger, Inc. d/b/a Mike's Organic Topsoil activities pose an ongoing risk to the health, safety, and welfare of the County's residents. Mike Marburger previously operated a yard trash processing facility on property owned by Verano Development, LLC, located on Range Line Road. On or about June 1, 2022, Verano filed a lawsuit seeking the eviction of Michael Marburger d/b/a Mike's Organic Top Soil and Irrigation by Michael Marburger, Inc. On or about July 6, 2022, the parties stipulated the dismissal of the lawsuit. Mike Marburger vacated Verano's property shortly thereafter. On or about August 25, 2022, a fire was discovered in the mulch piles that Mr. Marburger left on Verano's property. Eight rows of mulch approximately 1/4 to 1/3 mile long and vegetative material approximately 20 to 30 feet tall were left on the property by Mr. Marburger. The rows were arranged in a way that did not allow access by the St. Lucie Fire District's firefighting equipment, apparently in violation of the requirements in FDEP Rule 62- 709.320(2)(c), Florida Administrative Code. The fire continued for days while the public was exposed to smoke and other nuisance conditions. The County staff believes Marburger Ranch should not be allowed to operate on the new site until it complies with the County Code requirements. Accordingly, the County staff filed a motion requesting the Code Enforcement Board to reconsider its decision regarding the Respondents and the abatement date. Since Marburger Ranch and its representatives have made it clear that they will not voluntarily comply with the County's requirements, staff believes the only way to stop Marburger Ranch's unlawful activities on the new site is to sue Marburger Ranch and obtain an injunction from the circuit court Staff recommended that the Board grant permission to file suit against Marburger Ranch LLC. Mr. Anthony Bordinger, on behalf of Marburger Ranch LLC. d/b/a Mike's Organic Top Soil expressed concern regarding the company being blamed/insinuated for the mulch fire on Range Line Road. He advised the company operated on the land for over a decade and never had a fire or any issues. In January, a 3-year agreement with a 1-year option was worked out with the property owners where they would clear off the land and move everything forward for the Verona Homes extension. Once the lease agreement was received, the company did not agree with specific terms and was served 30-day notice order to vacate. Also, DEP would not approve the permits at the time without the landowner's consent, and a decision was made to mutually separate. He advised once Marburger Ranch LLC. d/b/a Mike's Organic Top Soil left the land Kolter Development LLC took ownership of everything left on the land on August 1, 2022, and began to process the material as Top Soil without obtaining permits. Mr. Bordinger advised Marburger Ranch LLC. d/b/a Mike's Organic Top Soil had vacated the land one month before the fire started on August 25, 2022, as indicated in the FDEP report, and they are not responsible for the fire. He advised the new site location for the company complies with DEP. He advised with the expanding population, and the company will be needed. Mr. Bordinger requested the Boards 221Page Page 33 of 1533 BOCC Regular Meeting Tuesday, November 15, 2022 1:00 PM approval for Marburger Ranch LLC. d/b/a Mike's Organic Top Soil, the opportunity to go through the process and continue to be allowed to operate on the site until it comes into compliance with the requirements in the County Code. The company would like to meet with the Board to discuss the road frontage issue and request approval to get a waiver to approve the road. The company has attempted to reach out to the Fire District for recommendations for the fire systems but have yet to hear a response. Mr. Bordinger advised the Board they can not afford to shut down until all compliances are met. The process may take up to 18 months. Mr. Bordinger advised they would like a fair opportunity to present their case to the Board. The Board discussed issues regarding the company operating without proper permitting from the County, the road frontage the company is operating on, proper permitting, public safety, code compliance, and road maintenance. Commissioner Hutchinson questioned staff if Marburger Ranch LLC. d/b/a Mike's Organic Top Soil was in the process of obtaining permits other than the preliminary that was submitted initially. Mayte Santamaria, Planning & Development Services Director, advised the company did a pre -application meeting in June, and a meeting was held in August. Still, they have not received any more documentation from the applicant since then. Before and during the DRC meeting and via e-mail in May, the applicant was informed that the site required a conditional rezoning use of a major site plan and advised of the issue with road frontage. Commissioner Townsend asked staff, and Mr. Marburger agreed to sign a bond to move the process along faster, and he would be held liable if he did not follow through. Mr. Marburger advised he would not have a problem signing a bond. The business will operate for a while if everything goes accordingly. He advised that he already has a $1 million bond with South Florida Water Management to use the access road to travel around on their land. He mentioned the new property and has spent $25,000 on a water truck, all surrounding roads cut in for the fire department, and installing fire hydrants. He advised the Board he is willing to do what is needed to move forward. A motion was made to drop the lawsuit against Marburger Ranch LLC and provide the company with more time to meet with Staff, Code Enforcement, and each Commissioner individually as a requirement of the Sunshine Law and revisit the conversation in January 2023, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 4 Frannie Hutchinson AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None C. PLANNING & DEVELOPMENT SERVICES 1. Administrative Approval Update from PDS Director 23 1 Page 34 of 1533 BOCC Regular Meeting Tuesday, November 15, 2022 1:00 PM Mayte Santamaria, Planning & Development Services Director, presented this item to the Board. A brief presentation on the Planning & Development Services monthly update on development applications received administrative approval through the department. This discussion focused on approvals that occurred in October. • Florida Coast Equipment: Major Adjustment to a Minor Site Plan • Sugar Sands Apartments: Minor Site Plan • South Florida Logistics Center: Minor Adjustment to Major Site Plan The purpose was to notify the Board of projects that qualified for administrative approval. No formal vote is necessary for this agenda item. This item was presented to the Board for informational purposes only. 11. ANNOUNCEMENTS A. The Board of County Commissioners will hold an Annual Reorganization meeting on Tuesday, November 22, 2022, in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. B. The Board of County Commissioners will hold a Special 4H Christmas Remembrance event on Monday, December 5, 2022, at 6 PM in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. C. The Board of County Commissioners will hold a Regular meeting on Tuesday, December 6, 2022, at 6 PM in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. D. The Board of County Commissioners will hold an Informal meeting on Tuesday, December 13, 2022, at 9 AM in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. E. The Board of County Commissioners will hold a Regular meeting on Tuesday, December 13, 2022, at 1 PM in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. ADDITIONAL DISCUSSION Commissioner Dzadovsky mentioned the Board's consideration for additional facilities at the St. Lucie County Fairground to expand the 4-H club program. Upon discussion with the Board and staff, the item will be returned for an informal discussion. 24 1 Page 35 of 1533 BOCC Regular Meeting Tuesday, November 15, 2022 1:00 PM 12. MOTION TO ADJOURN With no other information to be brought for consideration before the Board, the meeting was adjourned at 2:59 PM. Please note: Final minutes are recorded in the official minute's books filed with the Clerk of the Circuit Court and available for inspection upon request. 251Page Page 36 of 1533 91rc LUCE W49ft 11 L"C", P La©n BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Reorganization Meeting November 22, 2022 Convened: 9:01 AM Adj ourned: 10:29 AM 1. CALL TO ORDER Fhe meeting was called to order at 9:01 AM by Chair Sean Mitchell, District No. 2. Present Commissioner Cathy Townsend District 5, Commissioner Linda Bartz District 3, Commissioner Chris Dzadovsky District 1, Commissioner Larry Leet District 2, Commissioner Jamie Fowler District 4 Also Present Howard Tipton, County Administrator Dan McIntyre, County Attorney Sean Mitchell, St. Lucie County Commissioner District 2 Frannie Hutchinson, St. Lucie County Commissioner District 4 Charles A. Schwab, 19t" Circuit Chief Judge Michelle R. Miller, Clerk and Comptroller Ken Mascara, St. Lucie County Sheriff Thomas Perona, City of Fort Pierce, Commissioner District 2 Linda Hudson, City of Fort Pierce, Mayor Kelly Lang, County Administrator Executive Aide George Landry, Solid Waste Division Director Mayte Santamaria, Planning & Development Services Director Alphonso Jefferson, Deputy County Administrator Thomas Epsky, HR & Risk Management Director Erick Gill, Communications Division Director Vera Smith, Deputy Clerk Recording Secretary 2. INVOCATION The County Administrator led the invocation. 3. PLEDGE OF ALLEGIANCE Page 37 of 1533 BOCC Reorganization Meeting Tuesday, November 22, 2022 9:00 AM 4. GENERAL PUBLIC COMMENT Chair Mitchell opened the meeting for public comment at this time. The following people addressed the Board: • Rebecca Isaac addressed the Board, expressed her appreciation for Commissioner Sean Mitchell and wished him well on his new venture. • Sheriff Ken Mascara addressed the Board, expressed gratitude to Commissioner Sean Mitchell and Frannie Hutchinson, presented each with a challenge coin, and welcomed the new Commissioners. With no one else wishing to address the Board, Chair Mitchell closed public comment. At this time, Chair Sean Mitchell took a moment to thank Commissioner Frannie Hutchinson for her time serving on the Board with him and presented her with a gift. Chair Mithcell also thanked his fellow Commissioners, executive aide Susie Caron, family, and staff for all the hard work, assistance, support, and dedication. Commissioner Frannie Hutchinson spoke, thanking her family, fellow Commissioners, supporters, and executive aide Missy Stiadle who will be retiring. Commissioner Hutchinson took a moment, presented Commissioner Sean Mitchell with a gift, and expressed her gratitude for his hard work and dedication to serving on the Board over the years. A short recess allowed the former Commissioners to excuse themselves from the dais. 9:42 AM - Recess taken 9:54 AM - Meeting reconvened 5. REGULAR AGENDA A. REORGANIZATION 1. Swearing -In The Honorable Chief Judge Charles Schwab swore into office the newly elected District 2 Commissioner Larry Leet and District 4 Commissioner Jamie Fowler and, after repeating the oath, took a seat at the dais. 2. Elect the Chair of the Board Michelle Miller, Clerk and Comptroller of the Circuit Court, presided and called for nominations to select the Chair of the Board of County Commissioners. Staff recommends that the Board elect a Chair for 2022-2023. Clerk Miller presided and called for nominations for the Board of County Commissioners Chair. A motion was made to nominate Commissioner Cathy Townsend as Chair. The nomination was seconded, and the motion carried unanimously upon roll call. 2 1 F'ag Page 38 of 1533 BOCC Reorganization Meeting Tuesday, November 22, 2022 9:00 AM RESULT: APPROVE MOVER: Commissioner District 2 Larry Leet SECONDER: Commissioner District 4 Jamie Fowler AYES: Chris Dzadovsky, Linda Bartz, Cathy Townsend, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 3. Elect the Vice -Chair of the Board The Chair presided and called for nominations to select the Vice -Chair of the Board of County Commissioners. Staff recommends that the Board elect a Vice -Chair for 2022-2023. Chair Cathy Townsend presided and called for nominations for the Vice -Chair of the Board of County Commissioners. A motion was made to nominate Commissioner Linda Bartz. The nomination was seconded, and the motion carried unanimously upon roll call. RESULT: APPROVE MOVER: Commissioner District 2 Larry Leet SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Chris Dzadovsky, Linda Bartz, Cathy Townsend, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None RECESS AS THE BOARD OF COUNTY COMMISSIONERS Chair Cathy Townsend recessed the Board of County Commissioners Reorganization meeting at 9:42 AM. SPECIAL MEETINGS TO ELECT THE CHAIR AND VICE -CHAIR OF THE --- BOARDS WERE HELD AT THIS TIME: ENVIRONMENTAL CONTROL DISTRICT A. The Clerk and Comptroller of the Court presided and called for nominations for the Chair of the Environmental Control District Board. Clerk Miller called for nominations for the Environmental Control Board Chair. A motion was made to nominate Commissioner Chris Dzadovsky. The nomination was seconded, and the motion carried unanimously upon roll call. RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 5 Cathy Townsend 31 Page 39 of 1533 BOCC Reorganization Meeting Tuesday, November 22, 2022 9:00 AM AYES: Chris Dzadovsky, Linda Bartz, Cathy Townsend, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None B. The Chair presided and called for nominations for the Vice -Chair of the Environmental Control District Board. Chair Chris Dzadovsky called for nominations for the Environmental Control Board Vice -Chair. A motion was made to nominate Commissioner Jamie Fowler. The nomination was seconded, and the motion carried unanimously upon roll call. RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 2 Larry Leet AYES: Chris Dzadovsky, Linda Bartz, Cathy Townsend, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None EROSION DISTRICT A. The Clerk and Comptroller of the Court presided and called for nominations for the Chair of the Erosion District Board. Clerk Miller called for nominations for the Erosion District Board Chair. A motion was made to nominate Commissioner Chris Dzadovsky. The nomination was seconded, and the motion carried unanimously upon roll call. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 3 Linda Bartz AYES: Chris Dzadovsky, Linda Bartz, Cathy Townsend, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None B. The Chair presided and called for nominations for the Vice -Chair of the Erosion District Board. Chair Chris Dzadovsky called for nominations for the Erosion District Board Vice -Chair. A motion was made to nominate Commissioner Cathy Townsend. The nomination was seconded, and the motion carried unanimously upon roll call. RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz 41 Page 40 of 1533 BOCC Reorganization Meeting Tuesday, November 22, 2022 9:00 AM SECONDER: Commissioner District 2 Larry Leet AYES: Chris Dzadovsky, Linda Bartz, Cathy Townsend, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None MOSQUITO CONTROL DISTRICT A. The Clerk and Comptroller of the Court presided and called for nominations for the Chair of the Mosquito Control District Board. Clerk Miller called for nominations for the Mosquito Control District Board Chair. A motion was made to nominate Commissioner Cathy Townsend. The nomination was seconded, and the motion carried UI Id1III I IUUJIy UpUI I I UII udll. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 2 Larry Leet AYES: Chris Dzadovsky, Linda Bartz, Cathy Townsend, Larry Leet, Jamie Fowler INAYS: None EXCUSED: None B. The Chair presided and called for nominations for the Vice -Chair of the Mosquito Control District Board. Chair Cathy Townsend called for nominations for the Mosquito Control District Vice -Chair. A motion was made to nominate Commissioner Larry Leet. The nomination was seconded, and the motion carried unanimously upon roll call. RESULT: APPROVE I MOVER: Commissioner District 1 Chris Dzadovsky I SECONDER: Commissioner District 4 Jamie Fowler AYES: Chris Dzadovsky, Linda Bartz, Cathy Townsend, Larry Leet, Jamie Fowler NAYS: None I EXCUSED: None SUSTAINABILITY DISTRICT A. The Clerk and Comptroller of the Court presided and called for nominations for the Chair of the Sustainability District Board. Clerk Miller called for nominations for the Sustainability District Board Chair. A motion was made to nominate Commissioner Linda Bartz. The nomination was seconded, and the motion carried unanimously S1Page Page 41 of 1533 BOCC Reorganization Meeting Tuesday, November 22, 2022 9:00 AM upon roll call. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Chris Dzadovsky, Linda Bartz, Cathy Townsend, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None B. The Chair presided and called for nominations for the Vice -Chair of the Sustainability District Board. Chair Linda Bartz called for nominations for the Sustainability District Board Vice -Chair. A motion was made to nominate Commissioner Jamie Fowler. The nomination was seconded, and the motion carried uiidnniivuaiy UYU11 ivii t,aii. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Chris Dzadovsky, Linda Bartz, Cathy Townsend, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None RECONVENE AS THE BOARD OF COUNTY COMMISSIONERS Chair Cathy Townsend reconvened the Board of County Commissioners' Reorganization meeting at 9:54 AM A. ANNUAL REORGANIZATION APPOINTMENTS 1. Commission Appointments to Boards and Committees for 2022/2023 The Chair made the following appointments: • Larry Leet to the Chamber of Commerce Board of Directors • Cathy Townsend to the Public Safety Coordinating Council • Linda Bartz to the Roundtable of St. Lucie County Inc. • Chris Dzadovsky to the Tourist Development Council • Jamie Fowler to the Treasure Coast Workforce Consortium 2. Appointments by the Chair for Commissioners to Serve on Boards & Committees for One -Year Terms —AMENDED (ATTACHMENT) 3. Board of County Commissioners At -Large Committee Appointments (ATTACHMENT) 6 1 PagE Page 42 of 1533 BOCC Reorganization Meeting Tuesday, November 22, 2022 9:00 AM A motion was made to approve the Board of County Commissioner's Appointments to serve on various eoaras ana committees. i ne motion was seconaea, ana the motion was carries unanimously uaon ron caii. RESULT: APPROVE MOVER: Commissioner District 2 Larry Leet SECONDER: Commissioner District 3 Linda Bartz AYES: Chris Dzadovsky, Linda Bartz, Cathy Townsend, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 4. Commissioner Chris Dzadovsky's Committee Appointments - ATTACHMENT AMENDED A motion was made to approve Commissioner Dzadovsky's Committee Appointments, and it carried unanimously upon roll call. RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 2 Larry Leet AYES: Chris Dzadovsky, Linda Bartz, Cathy Townsend, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 5. Commissioner Larry Leet's Committee Appointments (ATTACHMENT) A motion was made to approve Commissioner Leet's Committee Appointments, and it carried unanimously. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 3 Linda Bartz AYES: Chris Dzadovsky, Linda Bartz, Cathy Townsend, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 6. Commissioner Linda Bartz's Committee Appointments - ATTACHMENT AMENDED A motion was made to approve Commissioner Bartz's Committee Appointments, and it carried unanimously. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 4 Jamie Fowler 71Page Page 43 of 1533 BOCC Reorganization Meeting Tuesday, November 22, 2022 9:00 AM AYES: Chris Dzadovsky, Linda Bartz, Cathy Townsend, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 7. Commissioner Jamie Fowler's Committee Appointments (ATTACHMENT) A motion was made to approve Commissioner Fowler's Committee Appointments, and it carried UI Id11111 IVUJly. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 2 Larry Leet AYES: Chris Dzadovsky, Linda Bartz, Cathy Townsend, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 8. Commissioner Cathy Townsend's Committee Appointments (ATTACHMENT) A motion was made to approve Commissioner Townsend's Committee Appointments, and it carried unanimously. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 2 Larry Leet AYES: Chris Dzadovsky, Linda Bartz, Cathy Townsend, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 9. Appointment to the Early Learning Coalition - At -Large Member Vacancy The Board agreed by vote (4) to (1) appoint Eutelyn Allen to the Early Learning Coalition Board - At -Large Member Vacancy. 10. Appointment to the Historical Commission - At -Large Member Vacancies A motion was made to appoint Melanie J. Trewyn to the Historical Commission Board. The motion was seconded, and it passed unanimously. RESULT: APPROVE — MELANIE TREWYN MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 2 Larry Leet gl Page 44 of 1533 BOCC Reorganization Meeting Tuesday, November 22, 2022 9:00 AM AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 11. Appointment to the Treasure Coast Education and Research Development Authority - At Large Member Vacancy A motion was made to appoint Mike Adams to the Treasure Coast Education and Research Development Authority (TCERDA). The motion was seconded, and it passed unanimously. RESULT: APPROVE — MIKE ADAMS MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 12. Appointment to the Treasure Coast Health Council - At -Large Member Vacancy The Board agreed by vote (3) to (2) to appoint Theresa Bramble to the Treasure Coast Health Council - At -Large Member Vacancy. 13. Appointment to the Planning & Zoning Board - At -Large Member Vacancies - ATTACHMENT AMENDED The Board agreed by vote unanimously to re -appoint Lawrence "Beau" Slay and voted (4) to (1) to re -appoint Ryan Binner to the Planning & Zoning Board- At -Large Member Vacancy. B. ADMINISTRATION 1.2023 State Legislative Program - ITEM PULLED PRIOR TO METTING Item was pulled from the Agenda before the meeting. At this time, Chair Cathy Townsend opened the meeting for public/family comment. The following people addressed the Board and congratulated the new Commissioners: • Marisol Gutkowski • Lisa Perona • Mr. Fowler With no one else wishing to address the Board, Chair Townsend closed public comment. 91Page Page 45 of 1533 BOCC Reorganization Meeting Tuesday, November 22, 2022 9:00 AM 6. MOTION TO ADJOURN With no other information to be brought for consideration before the Board, the meeting was adjourned at 10:29 AM. Please note: Final minutes are recorded in the official minute's books filed with the Clerk of the Circuit Court and available for inspection upon request. 101Page Page 46 of 1533 St. Lucie County BOCC 2022/2023 Board & Committee Board of County Commissioners, Chair Appointments Cathy Townsend Board of County Commissioners, Vice -Chair Linda Bartz Environmental Control Board, Chairman Chris Dzadovsky Environmental Control Board, Vice -Chairman Jamie Fowler Erosion District, Chairman Chris Dzadovsky Erosion District, Vice -Chairman Cathy Townsend Mosquito Control District, Chairman Cathy Townsend Mosquito Control District, Vice -Chairman Larry Leet Sustainability District, Chairman Linda Bartz Sustainability District, Vice -Chairman Jamie Fowler The Chairman of the Board of County Commissioners Automatically Serves on (or their designee): Chamber of Commerce Board of Directors Larry Leet Public Safety Coordinating Council Cathy Townsend Roundtable of St. Lucie County Inc. Linda Bartz *Tourist Development Council Chris Dzadovsky Treasure Coast Workforce Consortium Jamie Fowler Board or Committee 19th Judicial Circuit Conflict Committee Jamie Fowler Affordable Housing Advisory Committee (Added 12/1/21) Cathy Townsend Art in Public Places Linda Bartz *Blueway Advisory Committee Chris Dzadovsky Canvassing Board (1 Commission member and one alternate) Cathy Townsend Jamie Fowler, Alternate Children's Services Council Linda Bartz Council On Aging Larry Leet County Coalition for Responsible Management of Lake Okeechobee and St. Lucie & Caloosahatchee Estuaries (1 Commission member and one alternate) Chris Dzadovsky Cathy Townsend, Alternate Friends of the St. Lucie County Library Jamie Fowler Homelessness Advisory Committee Cathy Townsend Indian River Lagoon Council Board of Directors (1 Commission member and one alternate) Chris Dzadovsky Jamie Fowler, Alternate Indian River Lagoon Scenic Highway Treasure Coast Corridor Management Entity (1 Commission member and one alternate) Chris Dzadovsky Jamie Fowler, Alternate *Land Acquisition Selection Committee Chris Dzadovsky Law Library Board of Trustees Cathy Townsend Local Technology Planning Team (Added 11/15/22) Larry Leet Medical Examiners Advisory Task Force Linda Bartz Transportation Planning Organization (Four Commission members and one alternate) Cathy Townsend Larry Leet Chris Dzadovsky Jamie Fowler Linda Bartz, Alternate Regional Transit Organization (Ad Hoc) (One Commission member and one alternate) Cathy Townsend Larry Leet, Alternate Property & Homeowners Associations Larry Leet St. Lucie County Fire District (Two Commission Members) Chris Dzadovsky Jamie Fowler Treasure Coast Community Action Agency Tripartite Board Linda Bartz Treasure Coast Education Research Development Authority Linda Bartz Transportation Disadvantaged Local Coordinating Board Cathy Townsend Treasure Coast Council of Local Governments Jamie Fowler Treasure Coast Regional Planning Council (Two Commission members and two alternates) Cathy Townsend Larry Leet Jamie Fowler, Alternate Chris Dzadovsky, Alternate Value Adjustment Board (Two Commission members and two alternates) Jamie Fowler Linda Bartz Chris Dzadovsky, Alternate Cathy Townsend, Alternate Workforce Development Board of the Treasure Coast- CHAIR MAY NOT SERVE Larry Leet *BOCC Advisory Board 11 /22/2022 Page 47 of 1533 District #1- Commissioner Dzadovsky Appointment *Affordable Housing Advisory Committee Cathy Townsend *Affordable Housing Advisory Committee Robert Cent Art in Public Places Caleta Scott Board of Adjustment (BoccQuasi-Judicial) SUNSET *Citizen Budget Development Committee Ron Parrish *Citizen Budget Development Committee Tavris Williams Code Enforcement Board (BoccQuasi-Judicial) Peter Spatara TCRPC - Comprehensive Economic Development trategy (CEDS) Committee Mark Satterlee CEDS - Alternate VACANT St. Lucie County Contractors Certification Board (BoccQuasi-Judicial) Tony Jerger *St. Lucie County Emergency Medical Services Advisory Council Paul Smith *Environmental Advisory Committee (sunset after reviewofcn.6/7) SUNSET *Historical Commission Mike Menard Housing Finance Authority Peter Dion Infrstructure Surtax Oversight Committee Jeffrey Lyons *Investment Committee Shaun Williams *St. Lucie County Library Advisory Board Jewel Armstrong Player *Planning & Zoning Commission/Local Planning Agency (Quasi - Judicial) Valerie Dekle Slack *Parks and Recreation Advisory Board SUNSET *Port of Fort Pierce Advisory Committee Warren Falls & George Jones as Alternate *Sustainability Advisory Committee SUNSET *St. Lucie County Tourist Development Council Francesca Taylor * BOCC Advisory Board Page 48 of 1533 NILDistrict #2 Larry Leet Appointment *Affordable Housing Advisory Committee Kristy Conway *Affordable Housing Advisory Committee Stephen Robinson Art in Public Places Richard McAfoos Board of Adjustment (BoccQuasi-Judicial) SUNSET *Citizen Budget Development Committee Hector Rodriguez *Citizen Budget Development Committee Robert Lynch Code Enforcement Board (BoccQuasi-Judicial) Ken Waters TCRPC - Comprehensive Economic Development Strategy (CEDS) Committee Pete Tesch CEDS - Alternate VACANT St. Lucie County Contractors Certification Board (BoccQuasi- Judicial) Michael Kauffman, Jr. t. Lucie County Emergency Medical Services Advisory Council Major Mike Monahan *Environmental Advisory Committee (sunset after review ofcn.6/7) SUNSET *Historical Commission Richard McAfoos Housing Finance Authority Michael Blake Combs Infrstructure Surtax Oversight Committee John (Jack) Doughney *Investment Committee Tom Sennott *St. Lucie County Library Advisory Board Ethel Rowland *Planning & Zoning Commission/Local Planning Agency (Quasi -Judicial) Ed Lounds *Parks and Recreation Advisory Board SUNSET *Port of Fort Pierce Advisory Committee Richard Ross *Sustainability Advisory Committee SUNSET *St. Lucie County Tourist Development Council Terissa Aronson * BOCC Advisory Board Page 49 of 1533 0 D is Commissioner Bartz • • • *Affordable Housing Advisory Committee Marty Sanders *Affordable Housing Advisory Committee Cathy Mouring Art in Public Places VACANT Board of Adjustment (BoccQuasi-Judicial) SUNSET *Citizen Budget Development Committee John Culverhouse *Citizen Budget Development Committee Jake Sanders Code Enforcement Board (BOCCQuasi-Judicial) Ralph Fogg TCRPC - Comprehensive Economic Development Strategy (CEDS) Committee Leslie Olson CEDS - Alternate VACANT St. Lucie County Contractors Certification Board (BoccQuasi-Judicial) Gary Morris *St. Lucie County Emergency Medical Services Advisory Council Jane Rowley *Environmental Advisory Committee (sunset after reviewofcn.6/7) SUNSET *Historical Commission Mike Middlebrook Housing Finance Authority Bob Davis Infrstructure Surtax Oversight Committee Gayle Pike *Investment Committee Thomas Jones *St. Lucie County Library Advisory Board Elosie Cummings *Planning & Zoning Commission/Local Planning Agency (Quasi - Judicial) Craig Mundt *Parks and Recreation Advisory Board SUNSET *Port of Fort Pierce Advisory Committee Mary Chapman *Sustainability Advisory Committee SUNSET *St. Lucie County Tourist Development Council Catherine Matos * BOCC Advisory Board Page 50 of 1533 Commissioner Fowler••• ff E - *Affordable Housing Advisory Committee Neil Morgan *Affordable Housing Advisory Committee Robert Calhoun Art in Public Places Jean L. (Jeanne) Johansen Board of Adjustment (BoccQuasi-Judicial) SUNSET *Citizen Budget Development Committee Richard Pancoast *Citizen Budget Development Committee Robert Mucklow Code Enforcement Board (BoccQuasi-Judicial) Peggy Monahan TCRPC - Comprehensive Economic Development Strategy (CEDS) Committee VACANT CEDS - Alternate VACANT St. Lucie County Contractors Certification Board (BoccQuasi- Judicial) Michael DiFranesco t. Lucie County Emergency Medical Services Advisory Council Lt. Kacey Donnell *Environmental Advisory Committee (sunset after review ofcn.6/7) Sunset *Historical Commission Judy Biglin Housing Finance Authority Kathleen Alveira Infrstructure Surtax Oversight Committee Mike Monahan *Investment Committee Mike Dillman *St. Lucie County Library Advisory Board Marjorie Harrell *Planning & Zoning Commission/Local Planning Agency (Quasi -Judicial) William "Billy" O'Dell *Parks and Recreation Advisory Board SUNSET *Port of Fort Pierce Advisory Committee Ken Roberts *Sustainability Advisory Committee SUNSET *St. Lucie County Tourist Development Council Lisa Cataline * BOCC Advisory Board Page 51 of 1533 1 Commissioner Townsend Appointment *Affordable Housing Advisory Committee Scott Holmes *Affordable Housing Advisory Committee Mario Victor Wilcox Art in Public Places Dorothy Truesdell Board of Adjustment (BOCCQuasi-Judicial) SUNSET *Citizen Budget Development Committee Chad Miller *Citizen Budget Development Committee Ed Lounds Code Enforcement Board (BoccQuasi-Judicial) Wes Taylor TCRPC - Comprehensive Economic Development Strategy (CEDS) Committee Peter Jones CEDS - Alternate VACANT St. Lucie County Contractors Certification Board (BOCCQuasi-Judicial) James Travis Leonard *St. Lucie County Emergency Medical Services Advisory Council Mary Sirmons *Environmental Advisory Committee (sunset after reviewofcn.6/7) SUNSET *Historical Commission Krista King Housing Finance Authority Erin O'Brian Infrstructure Surtax Oversight Committee Rolin Dorsainvil *Investment Committee Jeffrey Emmeluth *St. Lucie County Library Advisory Board Eukeba Jones *Planning & Zoning Commission/Local Planning Agency (Quasi - Judicial) Craig Bridgers *Parks and Recreation Advisory Board SUNSET *Port of Fort Pierce Advisory Committee Don Pipes *Sustainability Advisory Committee SUNSET *St. Lucie County Tourist Development Council Donna Qvarnstrom * BOCC Advisory Board Page 52 of 1533 11/18/22 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #7 - 09-NOV-2022 TO 18-NOV-2022 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 917,168.05 0.00 001009 Gen -One Time Funding 62,320.72 0.00 001495 FDEM EMPA FY2022-2023 211.63 0.00 001630 US Treasury American Rescue Plan 75,399.48 0.00 001632 US Treasury Emer. Rental Assist 2 89,997.11 0.00 001636 US Dept. of HHS CSBG FY2021 11,711.96 0.00 001640 USHHS HOME American Rescue Plan 10,141.25 0.00 001647 US Health & Human Svc. CSBG FY22 7,694.11 0.00 001648 US HUD Continuum of Care -Veterans 11,139.40 0.00 001649 US HUD Continuum of Care -Chronic 13,349.82 0.00 001650 USHUD Continuum of Care Family 7,501.00 0.00 001651 FHA thru FDOT SEC 112 MPO/FHWA 1,322.77 0.00 001823 INTACT 139.00 0.00 001834 TCERDA 14,152.01 0.00 001835 Artificial Reef Program 190.97 0.00 101 Transportation Trust Fund 91,403.56 0.00 101001 Transportation Trust Interlocals 245.67 0.00 102 Unincorporated Services Fund 17,840.44 0.00 102001 Stormwater MSTU 26,404.15 0.00 104003 Hurricane Frances Donations 61.77 0.00 107 Fine & Forfeiture Fund 244,196.53 0.00 107001 Fine & Forfeiture Fund -Wireless Sur 64,398.83 0.00 107003 Fine & Forfeiture Fund-800 Mhz Oper 4,112.68 0.00 107005 F&F Fund -Legal Aid 10,470.66 0.00 107006 F&F Fund -Court Related Technology 62,595.56 0.00 115 Sheraton Plaza Fund 738.31 0.00 118 Paradise Park Fund 4,477.28 0.00 121 Blakely Subdivision Fund 47.25 0.00 129 Parks MSTU Fund 76,065.00 0.00 130 SLC Public Transit MSTU 7,795.57 0.00 130131 FFY17 5307 Oper & Cap 13,639.30 0.00 130133 FFY18 5307 Operating and Capital As 985.25 0.00 130142 FTA FFY 5307 & 5339 Super Grant 12,000.00 0.00 140 Airport Fund 21,283.48 0.00 140001 Port Fund 11,375.40 0.00 140145 FAA Airport Rescue Plan Grant 1,167.84 0.00 140411 FDOT Terminal Improvement Project 9,102.78 0.00 140412 FDOT Terminal Imp. Utility Loop 104,575.45 0.00 140416 FDOT Security Perimeter Fencing P2 1,430.00 0.00 150 Impact Fee Collections 1,816.29 0.00 160 Plan Maintenance RAD Fund 1,212.16 0.00 181 SLC Housing Finance Authority Fund 175.00 0.00 183 Ct Administrator-19th Judicial Cir 4,853.61 0.00 183006 Guardian Ad Litem Fund 347.48 0.00 184238 FDEP Ft. Pierce IMP Impl 21SL2 18,293.00 0.00 184239 FDEP Fort Pierce Protect. 22SL1 7,596.00 0.00 187 Boating Improvement Projects 23.77 0.00 189116 St. Lucie HOME Consortium FY 2019 8,804.21 0.00 118 Page 53 of 1533 11/18/22 FZABWARR FUND TITLE 189117 190 191 194 310002 310006 310007 310008 316 316001 319 363 401 418 471 478 479 491 505 505001 611 625 630 666 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #7 - 09-NOV-2022 TO 18-NOV-2022 FUND SUMMARY HUD SLC HOME Consortium FY2020 Sports Complex Fund SLC Sustainability District S Hutch Beach Erosion MSTU Fund Impact Fees -Parks Impact Fees -Transportation Impact Fees -Library "B" Impact Fees -Parks "B" County Capital 5th Cent Fuel -Capital Infrastructure Surtax Capital Sports Complex Capital Project Fund Sanitary Landfill Fund Golf Course Fund Water & Sewer District Operations Water & Sewer District R&R Water & Sewer Dist. -Cap Facilities Building Code Fund Health Insurance Fund Risk Management Fund Tourist Development Trust-Adv Fund Law Library Medical Examiner Agency Fund SLC Economic Development Trust Fund Bank Fund GRAND TOTAL: EXPENSES 565.24 113,849.91 26,379.91 775.00 4,718.75 1,600.00 4,101.44 26,328.18 6,283.80 26,147.20 18,996.11 28,000.00 549,778.19 12,337.80 69,721.35 27,550.32 27,722.50 12,518.47 221,466.92 18,026.16 1,164.79 10,780.24 14,787.88 50,000.00 73,234.66 PAGE 2 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 9,374.03 0.00 0.00 0.00 0.00 0.00 0.00 9,374.03 119 Page 54 of 1533 11/23/22 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #8 - 19-NOV-2022 TO 23-NOV-2022 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 320,361.61 877,402.85 001495 FDEM EMPA FY2022-2023 762.51 5,039.20 001497 FDOT SUN Trail Network Prog 0.00 203.56 001498 FCTD Planning Grant SFY23 0.00 1,544.38 001599 US HUD Small Cities CDBG 7,950.00 1,919.65 001630 US Treasury American Rescue Plan 17,036.14 3,750.13 001632 US Treasury Emer. Rental Assist 2 52,610.92 932.60 001645 FTA Metro Planning Grant Sec. 5305 0.00 2,308.81 001647 US Health & Human Svc. CSBG FY22 0.00 2,929.32 001648 US HUD Continuum of Care -Veterans 0.00 260.49 001649 US HUD Continuum of Care -Chronic 0.00 297.27 001650 USHUD Continuum of Care Family 0.00 297.10 001651 FHA thru FDOT SEC 112 MPO/FHWA 96.75 7,470.25 001652 FHA Surface Trans Block Grant 0.00 3,449.80 001834 TCERDA 6,272.75 2,708.00 001835 Artificial Reef Program 0.00 2,368.80 101 Transportation Trust Fund 7,947.15 186,974.77 101001 Transportation Trust Interlocals 0.00 1,685.67 102 Unincorporated Services Fund 6,962.60 93,363.04 102001 Stormwater MSTU 25,128.49 30,925.53 107 Fine & Forfeiture Fund 258,603.10 294,005.73 107001 Fine & Forfeiture Fund -Wireless Sur 0.00 20,669.97 107002 Fine & Forfeiture Fund-E911 Surchar 83.00 2,637.95 107006 F&F Fund -Court Related Technology 27,050.95 12,643.11 107009 F&F One -Time Funding 0.00 2,595.04 129 Parks MSTU Fund 160,159.00 0.00 130 SLC Public Transit MSTU 1,849.79 5,994.67 130133 FFY18 5307 Operating and Capital As 0.00 1,364.40 130136 FFY19 5307 Operating & Capital Assi 0.00 2,088.19 130137 FTA 5311 SFY2020 CARES Act 0.00 394.38 130139 FTA FFY20 SUPER GRANT 5307,5339 0.00 1,566.90 130142 FTA FFY 5307 & 5339 Super Grant 0.00 2,045.60 132 Culvert MSBU 625.50 0.00 140 Airport Fund 20,209.79 26,009.32 140001 Port Fund 15,799.86 8,314.94 140145 FAA Airport Rescue Plan Grant 389.28 0.00 140407 FDOT Airfield Lighting Signage 32,870.00 0.00 140414 FDOT Airfield & Terminal Generators 15,376.00 0.00 150 Impact Fee Collections 7,500.00 5,342.40 160 Plan Maintenance RAD Fund 0.00 3,882.00 183 Ct Administrator-19th Judicial Cir 0.00 6,702.63 183006 Guardian Ad Litem Fund 4,310.00 0.00 183100 DOJ BJA FY19 Adult Drug Discretiona 8,634.28 0.00 185021 FHFC SHIP FY2021-2022 0.00 1,687.56 187 Boating Improvement Projects 13,972.50 0.00 189117 HUD SLC HOME Consortium FY2020 426.43 1,354.05 190 Sports Complex Fund 24,266.13 33,801.08 191 SLC Sustainability District 12.49 0.00 106 Page 55 of 1533 11/23/22 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #8 - 19-NOV-2022 TO 23-NOV-2022 FUND SUMMARY FUND TITLE 310002 Impact Fees -Parks 310006 Impact Fees -Transportation 310007 Impact Fees -Library "B" 310017 Impact Fees-Transportation"Central" 310100 Oleander Avenue Sidewalk 319 Infrastructure Surtax Capital 401 Sanitary Landfill Fund 418 Golf Course Fund 471 Water & Sewer District Operations 479 Water & Sewer Dist. -Cap Facilities 491 Building Code Fund 505 Health Insurance Fund 505001 Risk Management Fund 611 Tourist Development Trust-Adv Fund 630 Medical Examiner Agency Fund 801 Bank Fund EXPENSES 484.00 3,749.95 566.34 1,071.25 30,137.73 76.34 158,604.02 4,189.99 166,201.90 5,956.50 3,114.69 1,116,575.27 25,833.03 4,000.00 0.00 1,742.25 PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 174,031.10 9,637.64 88,459.75 9,010.80 99,034.47 7,438.89 7,790.43 8,607.20 52,832.32 0.00 GRAND TOTAL: 2,559,570.28 2,115,773.74 107 Page 56 of 1533 a --_ �aoQ�o� AGENDA REQUEST TO: Board of County Commissioners I��IJ►�►�.7:YII71J CONSENT AGENDA - TOURISM DIVISION DATE: 12/6/2022 *ACTION ITEM - BOARD APPROVAL QUASI-JUDICIAL ITEM? No PRESENTED BY: Charlotte Bireley, Director of Tourism & Marketing SUBMITTED BY: Tourism Division SUBJECT: Termination of C17-11-794 - Tourism Webcam Program Agreement with Indian River State College BACKGROUND: On November 7, 2017, St. Lucie County entered into an agreement with Indian River State College (IRSC) to install a webcam at its location at 1400 Seaway Drive, Fort Pierce (Old Coast Guard Station). The location provided an opportunity to showcase a live streaming view of the Fort Pierce Inlet waterway. During the term of the agreement, the County provided the equipment, hosting, streaming, troubleshooting and maintenance of the camera. At the location, IRSC provided the power supply, internet service and access to the site. Recently, St. Lucie County has implemented additional cameras at nearby locations, and therefore, no longer needs to utilize the IRSC location to live stream the webcam. The County sent a letter dated November 7, 2022 serving as a 30-day written notice to terminate the Tourism Webcam Program Agreement pursuant to Section 3 of the agreement. PREVIOUS ACTION: November 2017 - Board approval of C17-11-794, Tourism Webcam Program Agreement with Indian River State College. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends approval to terminate C17-11-794, Tourism Webcam Program Agreement with Indian River State College. COMMISSION ACTION: RESULT: Page 57 of 1533 MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures ow�q f�oj� Charlotte Bireley, Director of Tourism & Marketing Katherine Barbieri, Assistant County Attorney III Mark Satterlee, Deputy County Administrator Date: November 08, 2022 Date: November 08, 2022 Date: November 08, 2022 Page 58 of 1533 DocuSignn E�nvlello�pe� AID: 126CD3236-C144-4191-8C21-8A09215949C2 ST. LUCIE WORKS Board of County Commissioners Chris Dzadovsky DISTRICT 1 Sean Mitchell DISTRICT 2 Chair Linda Bartz DISTRICT 3 Frannie Hutchinson DISTRICT 4 Vice -Chair Cathy Townsend DISTRICT 5 Administration Howard N. Tipton COUNTY ADMINISTRATOR Dan McIntyre COUNTY ATTORNEY November 7, 2022 Hans Sorense Indian River State College 3209 Virginia Avenue Fort Pierce, Florida 34981 RE: Tourism Webcam Program Agreement, Contract No. C17-11-794 The letter serves as 30-day written notice to terminate the Tourism Webcam Program Agreement pursuant to Section 3 of the agreement entered into November 7, 2013 between St. Lucie County and Indian River State College. As discussed on Tuesday, October 25, 2022, St. Lucie County no longer needs to stream a live webcam from the IRSC property located at 1400 Seaway Drive, Fort Pierce, therefore; IRSC can move forward with the disconnection of the internet service. We appreciate the partnership that IRSC provided by allowing the County to utilize this location to operate the webcam. The County will continue to seek partnership opportunities with IRSC in the future. Please contact me at birelevc@stlucieco.org if you have any questions. Sincerely, Charlotte Bireley, Director of Tourism & Marketing Enclosure: Tourism Webcam Program Agreement, Contract No. C17-11-794 Cc via Email to the Following: Katherine Barbieri, barbierik@stlucieco.org Mark Satterlee, satterlee@stlucieco.org Charlotte Bireley I Director of Tourism & Marketing I Administration 1 2300 Virginia Avenue I Fort Pierce, FL 34982 % (772) 462-1539 Owww.stlucieco.gov bireleyc@stiucieco.org Page 59 of 1533 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4378170 12/07/2017 04:30:53 PM OR BOOK 4072 PAGE 2749 - 2752 Doc Type: AGR RECORDING: $35.50 TOURISM WEBCAM PROGRAM AGREEMENT BETWEEN ST. LUCIE COUNTY AND INDIAN RIVER STATE COLLEGE C1q-l/-f794 THT �AGRkEMENT is made and entered into this r day of 2017, by and between St. Lucie County, a political subdivision of the State of Florida, (referred to hereinafter as the County), and Indian River State College, by and through its Board of Trustees, (referred to hereinafter as the "College"). WITNESSETH: WHEREAS, the St. Lucie County Tourist Development Council ("Council") is an advisory council that prepares a plan for tourist development that is submitted to the Board of County Commissioners; and, WHEREAS, the Council has recommended a webcam network be established; and, WHEREAS, the County desires to locate one (1) webcam at a site on property owned by the College; and, WHEREAS, the installation of a webcam on the Site will assist showcasing beautiful destinations in St. Lucie County in real time; and, WHEREAS, the purpose of this Agreement is to establish the location of the webcam and establish responsibility for maintenance of the webcam; and, NOW, THEREFORE, in consideration of the conditions contained in this agreement, the College and County Commissioners agree as follows: 1. County Responsibilities: A. The County shall cause to be installed a webcam on the Site agreed to by the College and the County. B. Provide a hosting service to the webcam. C. Maintain the webcam. D. Remove the webcam from the location and restore the Site to its original condition within thirty (30) calendar days of the date this Agreement terminates. 2. College Responsibilities: A. The College shall designate a location of the webcam at the CID Coast Guard Station within the College boundaries (the "Site"). A copy of a map depicting the locations of the webcam is attached to this Agreement as Exhibit "A". B. Provide staff to assist with the installation of the camera equipment. 1 S:\ATTY\AGREEMNIIINTERLOC/IRSC — Webcam Interlocal - 17 Page 60 of 1533 I C. Provide a vendor with access to service the equipment during regular business hours and assist in routine maintenance. D. Provide at the camera location a 120 volt power supply and a dedicated high speed broadband connection (minimum 1mb upstream) at the location. The connection must have a routable public IP address or suitable configuration of router/firewall equipment to provide a vendor with external network access to the equipment for configuration and troubleshooting. The College is responsible for all costs associated with technical requirements needed at the camera location. 3. Term; Termination: The term of this Agreement shall begin on the date first written above, (hereinafter referred to as the "Commencement date"), and shall terminate fifteen (15) years from that date. The term of this Agreement may be extended for additional five (5) year periods upon the mutual consent of both parties. Either party shall have the right to terminate this Agreement for cause upon thirty (30) days prior written notice to the other party. 4. Liability: The parties to this Agreement shall not be deemed to have assumed any liability for the negligent or wrongful acts, or omissions of the other party, or their respective officers, employees, servants or agents. Nothing contained herein shall be construed as a waiver by the County of the liability limits established in 768.28, Florida Statutes. 5. Notice of Comulaints or Suits: Each Party will promptly notify the other of any citizen complaint, claim, suit, or cause of action threatened or commenced against it which arises out of or relates, in any manner, to the performance of this Agreement. Each party agrees to cooperate with the other in any investigation either may conduct, the dense of any claim or suit in which either party is named, and shall do nothing to impair or invalidate any applicable insurance coverage. 6. Public Records: Specifically, the College shall: (A) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. (B) Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in state law or as otherwise provided by law. (C) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (D) Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records S:\ATTYWGREEMNIIINTERLOCARSC — Webcam Interlocal - 17 Page 61 of 1533 stored electronically must be provided to the County in a format that is compatible with the information technology system of the County. 7. Notice: All notices required by law and by this lease to be given by one party to the other shall be in writing, and the same shall be sent by certified mail, return receipt requested to: To County: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 To Colleae: Dean of Facilities Planning Indian River State College 3209 Virginia Avenue Fort Pierce, Florida 34981 With copy to: St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 or to such other address(es) as a party may designate by writing to the other. The effective date of any notice shall be the date that such notice is received or refused. 8. Severability: If any section, subsection, sentence, clause, provision or part of this agreement shall be held invalid for any reason, the remainder of this agreement shall not be affected. 9. Assignment: Neither party may assign their rights or obligations under this Agreement without the written consent of the other party which consent shall not be unreasonably withheld. Any attempt to effect an assignment without the other party's prior written consent shall be deemed a default under this Agreement. 10. Non -Discrimination: The College for itself, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that no person on the grounds of face, color, national origin or sex shall be excluded from participation in, be denied the benefits or, or otherwise be subjected to discrimination in the use of the Site. 11. Entire Aareement: This Agreement and the attachments hereto represents the entire understanding and agreement between the parties with respect to the subject matter hereof, and supersedes all other negotiation, understandings, and representations (if any) made by and between such parties. 12. Amendments: The provisions of this Agreement may not be amended, supplemented, waived or changed orally, but only in writing signed by the party as to whom enforcement of any such amendment, supplement, waiver or modification is sought and making specific reference to this Agreement. 3 SAATTY\AGREEMNT\INTERLOC/IRSC — Webcam Interlocal - 17 Page 62 of 1533 i' 13. Governing Law; Venue: This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the internal laws of the State of Florida without regard to principles of conflicts of laws. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit in and for St. Lucie County, Florida, for claims under state law and the Southern District of Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS THEREOF, the parties have executed the Agreement as of the date the Agreement is executed by the St. Lucie County Board of County Commissioners. ATTEST: -01 DEPUTY CLERK /,ti 14-3IF SECRETARY BOARD OF COUNTY COMMISSIONERS ST. LUCIE CO N BY: . c4iAIRM—AN APPROVE S TO FORM AND CORRECT E S BY: COUNTY ATT R EY INDIAN RIVER STATE COLLEGE BY: PRESIDENT SAATTY\AGREEMN'RfNTERLOC/IRSC — Webcam Interlocal - 17 11, Page 63 of 1533 0 PdGG10D AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Mark Satterlee, Deputy County Administrator SUBMITTED BY: Administration CONSENT AGENDA - ADMINISTRATION DATE: 12/6/2022 *ACTION ITEM - GRANT CONTRACT QUASI-JUDICIAL ITEM? No SUBJECT: St. Lucie Cultural Alliance Annual Grant Agreement Amendment BACKGROUND: The St Lucie Cultural Alliance (SLCA) has an annual funding agreement with the St Lucie Board of County Commissioners. The SLCA is the designated Local Arts Agency for St Lucie County and the BOCC supports the SLCA with $150,000 annually. In July of this year, the SLCA requested that the Board consider an additional funding amount in the form of a challenge grant, much as the Board does with the Economic Development Council. (EDC). Unfortunately, the request came in after much of the FY 22/23 Budget was already set and the request to the Board was temporarily put on hold until the new budget was adopted. The SLCA has requested a challenge grant amount of $35,000. To receive the additional challenge grant funds, the SLCA must raise an equal or greater amount of funds from the private sector. This is the same type of agreement the Board has with the EDC. The SLCA will use the challenge grant funds to further bolster its outreach, programming and education. PREVIOUS ACTION: The Board adopted the FY 22/23 Budget continuing the annual funding of the SLCA in September. The Board heard a presentation and request on the challenge grant from the SLCA at the November 15, 2022, Informal Meeting. FINANCIAL IMPACT: $35,000 in FY 22/23 RECOMMENDATION: Staff recommends the Board approve the challenge grant request and amend the grant contract with the SLCA to include the challenge grant. Page 64 of 1533 COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: November 28, 2022 Daniel McIntyre, County Attorney Date: November 29, 2022 Mark Satterlee, Deputy County Administrator Page 65 of 1533 St • Lucie ALLIANCE EXECUTIVE COMMITTEE July 21, 2022 Rebecca Miller, Sean Mitchell, Chair District 2 Chair Miller Permitting& St. Lucie County Board of County Commissioners Land Development 2300 Virginia Avenue Kathryn Hensley Fort Pierce, FL 34982 Vice -Chair Dear Chair Mitchell, Marty Sanders Treasurer St. Lucie County Public Schools On behalf of the St. Lucie Cultural Alliance Board and all who benefit from a thriving arts environment, we respectfully request the Board consider a matching grant of $35,000, similar Leslie Olson Secretary to the EDC — wherein, County funds are matched from the private sector, as well as through District Planning Group grants, and sponsorships. Since the opportunity has been put in place, EDC has met or exceeded the matching grant annually. This process has been a successful template to follow DIRECTORS and allows the Alliance to raise our sights and exceed our goals to further the continuation of meaningful cultural experiences for the community and visitors to our county. Your support of Nathaniel Bray Bray Realty this vital creative sector will continue to grow tourism, generate taxable revenue, and create Dave BuShea jobs, while building capacity and economic vitality for St. Lucie County. Sailfish Brewery St. Lucie Cultural Alliance has changed the conversation by bringing arts & culture into all Vennis Gilmore City of Fort Pierce facets of our daily life. In just two years, Cultural Alliance realized measurable success: Azlina Goldstein • Increased membership revenue base by over 5000% Riverland, GL Homes • Launched Arts Conserve the Environment (ACE) initiative Brandon Nobile Remnant Construction • Awarded National Endowment for the Arts (NEA) Grant for Recycled Arts Project (RAP) in partnership with St. Lucie School District at Creative Arts Academy of St. Lucie Patti Tobin Formerly, City of Port St. Lucie • Collaborated with Area Regional Transit to promote artists throughout the area Maddie Williams • Achieved In -kind contributions of $50,000 Treasure Coast Builders Association • Opened new gallery space in downtown Fort Pierce at a highly subsidized rate • Secured new partnerships to present visual art exhibitions, resulting in artist revenue LIAISONS Charlotte Lombard Bireley • Published Art St Lucie magazine in collaboration with Martin County Arts Council with Tourism Division, St. Lucie a reach of 10,000+ culturally affluent households County • Expanded and enhanced monthly art walks downtown Fort Pierce Mark Satterlee Deputy County • Launched Young Hearts to Arts, annual student -art competition & traveling exhibition Administrator, St. Lucie County a Launched cabaret series featuring local musicians at 500 Orange Event Center. Peter. Tesch Council of St. Lucie ounom Economic Lucie With your continued partnership, St. Lucie Cultural Alliance remains committed to providing the community with a wide range of programming to build the cultural landscape to enhance EX OFFICIO the quality of life as the gem of the Treasure Coast. It is with respect that I ask favorable Alyona Ushe Executive Director consideration of this matching grant. I look forward to sharing future accomplishments with the St. Lucie County Commission and its citizens. With app ec6�� , c Al ona Ushe Executive Director St. Lucie Cultural Alliance i artstlucie.org Page 66 of 1533 ❑oou5ign Envelope ID: 5FBE5OCg-59EC-4361-9FF6-E4F17B2C9B71 CONTRACT C 22 `og - ri LFLC THIS GRANT CONTRACT, made this �0 day of 2022, between ST. LUCIE COUNTY, a political subdivision of the State of horicla, hereinafter called the "County," and ECONOMIC DEVELOPMENT COUNCIL OF ST. LUCIE COUNTY, INC., or its successors, executors, administrators, and assigns hereinafter called the "Council": WHEREAS, the County and the Council have made the following determinations: 1. The Council is a private organization originally created by the St. Lucie County Chamber of Commerce to encourage economic development in St. Lucie County; and 2. The County will continue to use its own resources to facilitate and encourage economic development in the County; and 3. Nothing in this Agreement is intended to delegate any of the County's authority to encourage economic development to the Council. In addition, nothing in this Agreement is intended to provide the Council with an integral part in the County's decision -making process concerning economic development in the County. The parties do not intend that the Council will act on behalf of the County in facilitating and encouraging economic development in the County. IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall disburse a grant in the amount of two hundred fifty thousand and 00/100 dollars ($250,000.00) for the period October 1, 2022 through and including September 30, 2023. The County shall make two payments of one hundred twenty five thousand and 00/100 dollars ($125,000.00) each to the Council. Each payment shall be made within thirty (30) days of the County's receipt and acceptance of the Council's interim report showing that the goals and objectives of the grant as set forth in Paragraph 2 are being met. In addition to the grant set forth above, the County shall grant an additional fifty thousand and 00/100 dollars ($50,000.00) to the Council if the Council receives fifty thousand and 00/100 dollars ($50,000.00) from other donors on or before September 30, 2023. The Council shall provide the County with written proof of such donations on or before October 31, 2023. The fifty thousand and 00/100 dollars ($50,000.00) in other donations shall be at or above the 2022 annual private fund-raising goal set by the EDC Executive Committee which shall not be less than the annual private fund raising goal set for 2022. Page 1 of 4 Page 67 of 1533 ❑ocu5ign Envelope ID: 5FBE50C9-59EC-4361-9FF6-E4Fl7B2C9B71 2. The grant monies shall be used toward the Council's costs in its efforts to facilitate economic development in St. Lucie County. The goals and objectives for the Council's economic development efforts in connection with the grant shall include the following: A. The Council shall aggressively market relocation opportunities in the County to target businesses. To accomplish this goal, the Council shall establish a marketing program in conjunction with the County to seek these targeted businesses; B. The Council shall aggressively market the retention and expansion of existing businesses located in the County. 3. The Council shall deliver to the County interim reports on or before January 31, 2023 and July 31, 2023. Such reports shall analyze the Council's activities or how such goals and objectives, indicate how County funds were spent, detail the results of the Council's efforts on behalf of the County during the preceding quarter. The Council shall deliver to the County a final report with the above information for the entire grant period. 4. The Council shall have internal controls adequate to safeguard the grant. 5. If the grant cannot be used or a subsequent audit reveals the grant was not used according to the terms and conditions of this contract, any money not so used shall be reimbursed to the County. 6. On or before April 30, 2024, the Council shall provide an audit for the Contract term, by a certified or duly licensed public accountant, of the expenditure of the grant. In the alternative and subject to the prior written approval of the County Management and Budget Director, the Council may submit qualifying paid invoices in lieu of a certified audit. 7. The Council gives the County the right, until the expiration of three (3) years after expenditure of funds under this agreement, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Council involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising there from are resolved, or until the expiration of three (3) years after the expenditure of the funds. 8. The Council is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the County shall in no way be responsible for such acts or omissions. The Council shall and will indemnify and hold harmless the County from and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and costs of actions, including reasonable attorney's fees, of any kind and nature arising or growing out or in any way connected with the use, occupations, administration or control of the above described services by the Council or its agents, employees, customers, patrons or Page 2 of 4 Page 68 of 1533 DocuSign Envelope iD: 5FBE5009-59EC-4361-9FF6-E4F17B2C9B71 invitees, or resulting from any injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement. The Council hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 9. The Council agrees to comply with all local, state and federal laws, rules and regulations. 10. All publications, media productions and exhibit graphics produced by the Council to facilitate economic development in the St. Lucie County shall include the following statement: Sponsored in part by the Board of County Commissioners, St. Lucie County, Florida. 11. Either party may terminate this contract with cause upon thirty (30) days written notice to the other provided that the party allegedly violating the contract shall have a reasonable opportunity to cure the alleged violation, provided however the Council shall reimburse the County for all unencumbered funds or funds expended or encumbered in conflict with Council's application, as of the date of termination notice. 12. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: To the County: St. Lucie County Administrator Administration Annex, Room 300 2300 Virginia Ave., 3rd Floor Fort Pierce, Florida 34982 With copy to: St. Lucie County Attorney Administration Annex, Room 306 2300 Virginia Ave., 3rd Floor Fort Pierce, Florida 34982 To the Council: Economic Development Council of St. Lucie County, Inc. P.O. Box 881358 Port St. Lucie, FL 34988 13. No amendment, modification or waiver of this Contract shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Contract 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 contract modification, Council agrees to use said forms. Page 3 of 4 Page 69 of 1533 Dow Sign Envelope ID: 5F8E50C9-59EC-4361-9FF6-E4F17B2C9B71 14. Except as otherwise provided, this agreement shall be binding upon and shall inure to the benefit of the parties. 15. In the event it is necessary for either party to initiate legal action regarding this Contract, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 16. This Contract embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Contract shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: DEPUTY CLERK WITNESS: . s" BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: P' ?2tv-.4� CHAIR APPROVED S TO FORM AND CORRECTI COUNTY A ECONOMIC DEVELOPMENT COUNCIL OF ST. LUCIE COUNTY, INC. BY: ftk TWL PRESIDENT Page 4 of 4 Page 70 of 1533 FIRST AMENDMENT TO OCTOBER 5, 2022 CONTRACT AGREEMENT FOR PROFESSIONAL SERVICES FOR BUILDING A SUSTAINABLE LOCAL ARTS AGENCY C22-09-792 THIS FIRST AMENDMENT is dated this day of , 2022, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida ("County") and ST. LUCIE CULTURAL ALLIANCE, INC., a Florida profit corporation ("SLCA") WHEREAS the County entered into a contract on December 21, 2017, for professional services for building a sustainable local arts agency with Brevard Cultural Alliance, Inc. and, WHEREAS the contract with Brevard Cultural Alliance, Inc expired; and, WHEREAS the County and SLCA desired to continue implementing the plan envisioned in the Brevard Cultural Alliance contract and entered a Contract Agreement directly between the County and SLCA through September 30, 2023; and, WHEREAS the parties desire to amend the Contract Agreement to incorporate a fundraising challenge NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. Paragraph 3 of the Contract Agreement shall be amended to read as follows: 2. 3. COMPENSATION A. During the period from October 1, 2022, through September 30, 2023, the SLCA shall be compensated for all services satisfactorily completed in a total amount not to exceed one hundred fifty thousand and00/100 dollars ($50,000. 00). Compensation shall be invoiced inequal monthly installments of $12,500. All invoices presented to the County for payment shall be on a Request for Payment form approved by the County in sufficient detail for preaudit and post audit purposes. If the grant cannot be used or a subsequent audit reveals the grant was not used according to this Contract Agreement, any money not so used shall be reimbursed to the County. B. In addition to the grant set forth above, the County shall grant an additional thirty-five thousand and 00/ 100 dollars ($ 35,000. 00) to the SLCA if the SLCA receives thirty-five thousand and 00/ 100 dollars ($ 35,000. 00) from other donors on or before September 30, 2023. The SLCA shall provide the County with written proof of such donations on or before October 31, 2023. S:\ATTY\AG RE EM ENT\CONTRACT\1A-STLUCI ECU LTU RALALLIANCE Page 71 of 1533 C. The SLCA may request funds on a quarterly basis upon demonstration of private funds raised in the quarter. The quarterly sum necessary to be raised is eight -thousand, seven hundred fifty and 00/100 dollars ($8,750.00). D. The annual challenge grant will run concurrent with the fiscal year grant. In this first year of the challenge grant, the SLCA may request first-quarter FY22/23 challenge grant funding retroactive to Oct 1, 2022 if the SLCA can demonstrate equivalent funds from other sources was donated to the SLCA during the period from Oct. 1, 2022 through December 31, 2022. IN WITNESS WHEREOF, the parties have caused the execution of this First Amendment by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSESS ST. LUCIE CULTURAL ALLIANCE, INC. BY: S:\ATTY\AG RE EM ENT\CONTRACT\1A-STLUCI ECU LTU RALALLIANCE Page 72 of 1533 8.C.1. 0 PdGG10D AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: JoAnn Riley, Property Acquisition Manager SUBMITTED BY: Property Acquisition Division CONSENT AGENDA - PROPERTY ACQUISITION DIVISION DATE: 12/6/2022 *ACTION ITEM - AGREEMENT QUASI-JUDICIAL ITEM? No SUBJECT: Revocable License Agreement - Lake Lucie Estates Subdivision - Lake Lucie Community Development District - County rights -of -way The Lake Lucie Estates Community Development District (LLCDD) has requested an "After the Fact" Revocable License Agreement to keep their decorative street signs, stop signs, speed limit signs, and warning sign posts, a flagpole and light poles (and associated wiring) within the County rights -of -way throughout the Lake Lucie Estates Subdivision. The sites requested are located on Village of Lake Lucie Drive, Sandpine Circle, Coralbean Court, Redcedar Place, Spicebush Terrace, Maidencane Place, Primrose Court and Pondberry Lane. LLCDD has upgraded the County's standard sign posts with decorative posts. Engineering and Road & Bridge have reviewed the license agreement and have no objections. BACKGROUND: The Lake Lucie Estates Community Development District (LLCDD) has requested an "After the Fact" Revocable License Agreement to keep their decorative street signs, stop signs, speed limit signs, and warning sign posts, a flagpole and light poles (and associated wiring) within the County rights -of -way throughout the Lake Lucie Estates Subdivision. The sites requested are located on Village of Lake Lucie Drive, Sandpine Circle, Coralbean Court, Redcedar Place, Spicebush Terrace, Maidencane Place, Primrose Court and Pondberry Lane. LLCDD has upgraded the County's standard sign posts with decorative posts. Engineering and Road & Bridge have reviewed the license agreement and have no objections. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A Page 73 of 1533 RECOMMENDATION: Staff recommends the Board approve the revocable license agreement, authorize the Chair to sign the agreement and direct the Lake Lucie Community Development District, pay to record the agreement in the public records of St. Lucie County, Florida. Its] if, I►TII M1I0L1WIT41IIQL1F RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: November 29, 2022 Daniel McIntyre, County Attorney Date: November 29, 2022 Mark Satterlee, Deputy County Administrator Page 74 of 1533 Saint Lucie County Property Appraiser July 19, 2021 1:4,514 0 187.5 375 750 ft 0 55 110 220 m Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), Page 75 of 1533 This instrument prepared by: Vikki Mitchell under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 AFTER THE FACT REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this day of , 2022, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("County") and Lake Lucie Community Develo��ment District whose address is, 8452 Village of Lake Lucie Drive, Port Saint Lucie, FL 34952 ("LLCDD"). WHEREAS, the LLCDD has requested an "After the Fact" Revocable License Agreement to keep their decorative street signs, stop signs, speed limit signs, and warning sign posts, a flagpole and light poles (and associated wiring) within the County rights -of -way throughout the Lake Lucie Estates Subdivision. The sites requested are located on Village of Lake Lucie Drive, Sandpine Circle, Coralbean Court, Redcedar Place, Spicebush Terrace, Maidencane Place, Primrose Court and Pondberry Lane. LLCDD has upgraded the County's standard sign posts with decorative posts as indicated in Exhibit "A". WHEREAS, the County is willing to permit LLCDD to use the right-of-way to keep, maintain and mow around the signs, a flagpole and light poles, subject to the terms and conditions set forth in this "After the Fact" Revocable License Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The County agrees to grant LLCDD an "After the Fact" Revocable License Agreement for the purpose of keeping their signs, a flagpole and light poles (and associated wiring) in the present location within the County rights -of -way and maintaining the area around the signs, flagpole and light poles. The signs, flagpole and light poles are on County property, a safe distance from the edge of the pavement of the located rights -of -way referenced above. All signs shall be maintained in conformance with the Manual of Uniform Traffic Control Devices. The posted speed limit shall not be modified Page 76 of 1533 without approval of the Board of County Commissioners. This "After the Fact" Revocable License Agreement shall extend only to the referenced street signs, stop signs, speed limit signs, warning signs, flagpole and light poles (and associated wiring) and shall not extend to the construction and/or installation of any additional structures or utilities. 2. The sole purpose of this "After the Fact" Revocable License Agreement is to allow LLCDD to keep, maintain and mow around the signs, flagpole and light poles located in County rights -of -way. 3. Pursuant to the terms and conditions contained in this "After the Fact" Revocable License Agreement, the County authorizes LLCDD to keep the signs and light poles and maintain and mow around the signs and light poles at the present location referenced above. 4. This "After the Fact" Revocable License Agreement shall be binding on future successors and assignees of LLCDD, provided that LLCDD give adequate notice to the County pursuant to Paragraph Eleven (11) of this Agreement. 5. The County shall have the right, at the sole discretion of the County Engineer and Road and Bridge Division Director to terminate this Agreement with or without cause and require removal of the encroachments at LLCDD's sole expense upon ninety (90) days written notice to LLCDD. The County Engineer or the Road and Bridge Division Director may, in lieu of termination, request that LLCDD perform certain alterations to the signs and light poles in the rights -of -way mentioned above, at LLCDD's sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer and Road and Bridge Division Director, the County shall be entitled to exercise its right to terminate this Agreement. 6. Upon the demise of the signs and light poles, the expiration of this "After the Fact" Revocable License Agreement, or the revocation of this "After the Fact" Revocable License Agreement, whichever occurs first, LLCDD shall be responsible for the removal of the signs and light poles and restoring the rights -of -way and/or property as directed by the County Engineer and Road and Bridge Page 77 of 1533 Division Director, consistent with the specifications of the County in force at such time. 7. The term of this "After the Fact" Revocable License Agreement shall begin on the date first above written and shall remain in effect unless otherwise revoked or abandoned as provided herein. 8. LLCDD agree to relocate the referenced signs and light poles, at any time and at no cost to the County, if necessary for the maintenance or improvements of the rights -of -way and or County property. 9. The signs and light poles in the rights -of -way shall be in accordance with all applicable codes and permitting regulations of the County and shall be maintained solely at the expense of LLCDD. Any maintenance activity will be subject to the written approval of the County Engineer and Road and Bridge Division Director. 10. LLCDD agree to allow County employees access to the location of the signs and light poles for County purposes as determined by the County Engineer and Road and Bridge Division Director. 11. All notices, request and other communications dealing directly or indirectly with this license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: As to County: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 As to County: Road and Bridge Division Director 2300 Virginia Avenue Fort Pierce, FL 34982 3 With Copies to: County Attorney 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 As to Owners: Lake Lucie Community Development District 8452 Village of Lake Lucie Drive Port Saint Lucie, FL 34952 Page 78 of 1533 or to such other address as any party may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 12. As consideration for the County granting this "After the Fact" Revocable License Agreement the Owners agree to indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or its' agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during Owners' use of the property. 13. LLCDD shall promptly pay to record this "After the Fact" Revocable License Agreement in the Official Records of St. Lucie County, Florida. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. ATTEST: DEPUTY CLERK ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Page 79 of 1533 Lake Lucie Community Development District By: ,- - It's: �, z� /:S �� ,& G Witness' Print Name STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me by means of 4hysical presence or [ ] online �d notarization, this Nci,j - (date) by u�6 r i • reS 1 _ i:; ^(name of officer or agent) of Lake Lucie Community Development District, on behalf of the District. He/she is personally i known to me or who has produced - Li ( ev-,6 ._ (type of identification) as identification. [Notary Seal] ENotaryPublic State of]oridazabeth Deluiommission HH xpires 121412023 I t.° Not rL'--c� Sig�1naturree Name Printed Page 80 of 1533 Exhibit "A" Located in the County rights -of -way at the intersections of Village of Lake Lucie Drive, Sandpine Circle, Coralbean Court, Redcedar Place, Spicebush Terrace, Maidencane Place, Primrose Court and Pondberry Lane. Page 81 of 1533 8.C.2. 0 PdGG10D TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Daniel McIntyre, County Attorney County Attorney CONSENT AGENDA - COUNTY ATTORNEY DATE: 12/6/2022 *ACTION ITEM -AMENDMENT QUASI-JUDICIAL ITEM? No Amendment No. 3 to Contract with CDM Smith, Inc. for Consulting/Professional Services - Regional Water and Wastewater Treatment Services On August 20, 2019, the St. Lucie County Water and Sewer District approved a contract with CDM Smith, Inc. to perform professional engineering services for Regional Water and Wastewater Treatment Plant Designs (RFQ No. 19-037). One of the elements of the project is the preliminary design of a Low -Pressure Reverse Osmosis (LPRO) Water Treatment Plant (WTP) at the Taylor Dairy Road site. The WTP will utilize mineralized raw water from the Upper Floridan Aquifer (UFA) to be treated with the Low Pressure Reverse Osmosis (LPRO) permeable membranes, which creates a mineralized concentrate as a by-product of the LPRO membrane treatment process. The mineralized concentrate must be properly disposed of by the District. On September 7, 2021 the Board approved Amendment No. 1 to the August 20, 2019 contract to authorize a pilot testing program for the LPRO Membrane Treament process using a pilot unit to collect operation data to corroborate the results of the software projections and to produce permeate samples for further testing (blending testing, corrosivity studies, etc.). On November 2, 2021, the Board approved Amendment No. 2 to the August 20, 2019 Contract. The scope of services in Amendment No. 2 provided for the Underground Injection Control Class I Injection Well Septic Design, Permitting and Bidding Services for disposal of the mineralized raw water concentrate. The proposed cost was an amount not to exceed $329,860. The contract total, as amended by Amendment No. 2, was $1,687,642.70. Attached is a copy of proposed Amendment No. 3 to the August 20, 2019 Contract. The scope of services in Amendment No. 3 provides for the final design and permitting for the drilling of two offsite Upper Floridan Aquifer raw water production wells. It also includes the final design and permitting services for a raw water pipeline from the two well sites to the Taylor Dairy site. The proposed cost of engineering and permitting services is an amount not to exceed $665,750.00. The new contract total as amended by Amendment No.3 is $2,353,392.70. PREVIOUS ACTION: Page 82 of 1533 See above. FINANCIAL IMPACT: Additional funding in the amount of $665,750.00 will be made available in Account # 479-3600-563000- 223612 (Infrastructure Taylor Dairy Treatment Plant). RECOMMENDATION: Staff recommends that the Board approve Amendment No. 3 and authorize the Chair to sign Amendment No. 3. COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: November 28, 2022 Daniel McIntyre, County Attorney Date: November 29, 2022 George Landry, Director of Public Utilities zr� Date: November 29, 2022 Jennifer Hill, Office of Management & Budget Director Date: November 29, 2022 Mark Satterlee, Deputy County Administrator Page 83 of 1533 C19-08-1063 THIRD AMENDMENT TO AUGUST 20, 2019 BETWEEN ST. LUCIE COUNTY CDM SMITH, INC. THIS THIRD AMENDMENT, is made and entered into this day of , 2022, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and CDM SMITH, INC. or his, its or their successors, executors, administrators, and assigns (the "Contractor") WHEREAS, on August 20, 2019, the parties entered into a contract to provide for Professional Engineering Services for the Regional Water and Wastewater Treatment Plant Design; and, WHEREAS, on September 7, 2021, the parties executed the first amendment to the Contract to incorporate additional services, increase the compensation and extend the completion date of the project for a Pilot Testing Program for the Low -Pressure Osmosis (LPRO); and, WHEREAS, on November 2, 2021, the parties executed the second amendment to the Contract to incorporate additional services, increase the compensation and extend the completion date of the project for Underground Injection Control Class I Injection Well Systems Design; and, WHEREAS, the parties desire to further amend the Contract to incorporate additional services, increase the compensation and extend the completion date of the project for Raw Water Pipeline and Offsite Production Wells 2 and 4 for Taylor Dairy Road Service Area. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 3. Compensation of the Contract shall be amended to include the following: The Consultant shall be compensated for all additional services satisfactorily completed in accordance with the compensation set forth in the Exhibit "A" a total amount not to exceed $732,190.00 (seven hundred thirty-two thousand one hundred ninety and 00/100 dollars). All invoices presented to the County for payment shall be on a Request for Payment form approved by the County. No reimbursable expenses will be paid pursuant to this Contract. Any sub -consultant fees associated with this Contract will be paid as a direct pass through without any additional mark-up or administrative fee. This contract shall meet the definition of "Construction Services" as defined in F.S. §218.72. Consultant shall submit a payment application to the County's Project Manager. Payment to the Consultant shall be made within 20 business days of the County's receipt of the application. 2. The Consultant shall be available to commence services on this contract amendment commencing on the date written above. The project shall be completed in accordance with the time of completion/schedule provided in the Exhibit "A". It is mutually agreed between the parties hereto that time is of the essence in the performance of this Contract. In the event the 1 Page 84 of 1533 C19-08-1063 Work is not completed within the time specified the County will suffer damages, the amount of which is difficult if not impossible to ascertain. It is agreed, therefore, that from the compensation otherwise to be paid to the Consultant, the County may retain the sum of $100.00 (one hundred and 00/100 dollars) per calendar day for each day thereafter, Sundays and holidays included, that the Work remains uncompleted. This sum shall represent liquidated damages which the County will have sustained per calendar day from the inconvenience and expense caused to the County by the delay in the completion of the Work. This sum is not a penalty, being the liquidated damages, the County will have sustained in event of such default by the Consultant. The County reserves the right to additionally recover direct job site expenses incurred during the period of any delay. The Consultant shall be liable for liquidated damages even if the Contract is terminated by the County for cause or if the Consultant abandons the Work. 3. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made, and executed this Amendment upon the terms and conditions above stated. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY CDM SMITH, INC. BY: PRINT NAME: TITLE: 7 Page 85 of 1533 AMENDMENT NO. 3 EXHIBIT A CONTRACT FOR CONSULTING/PROFESSIONAL SERVICES RAW WATER PIPELINE AND OFFSITE PRODUCTION WELLS 2 & 4 TAYLOR DAIRY ROAD SERVICE AREA This Amendment, when executed, shall be incorporated in, and become part of the Professional Services Agreement, Contract C19-08-1063 (Contract) between St. Lucie County (COUNTY) and CDM Smith Inc. (CONSULTANT) dated August 20, 2020, hereafter referred to as the Contract. PROJECT BACKGROUND The COUNTY wishes to establish potable and wastewater treatment facilities including reclaimed water storage and distribution facilities to meet the current and projected future water and wastewater demands of increased growth in the Taylor Dairy Road service area. The COUNTY is currently planning to build and operate a new 2 million gallon per day (MGD) Water Treatment Plant (WTP) and eventually a 2 MGD Wastewater Reclamation Facility (WRF) and other ancillary facilities at the Taylor Dairy Road site ("Project"). In April 2019, the COUNTY solicited Professional Engineering Services for a Regional Water and Wastewater Treatment Plant Designs, for the Taylor Dairy Road Service Area. The CONSULTANT was selected to provide these engineering services. On August 20, 2020, Contract C19-0801063 was approved by the COUNTY to perform professional engineering services for the Regional Water and Wastewater Treatment Plant Designs (RFQ No. 10-037). This Contract included conceptual and preliminary design services. On September 7, 2021, the COUNTY authorized Amendment No. 1 for CONSULTANT to perform pilot testing of the proposed Low -Pressure Reverse Osmosis (LPRO) water treatment process using raw water from the existing onsite Upper Floridan Aquifer (UFA) well. The pilot testing allowed CONSULTANT to collect operation data to corroborate the results of the membrane selection software projections performed by CONSULTANT and to produce permeate samples for further testing (blending testing, corrosivity studies, etc.), which produced data to be used in selecting the LPRO membrane for treatment. On November 2, 2021, the COUNTY authorized Amendment No. 2 for CONSULTANT to perform design, permitting, and bidding services for the deep injection well (DIW) system for disposal of concentrate from the new LPRO system at the WTP and non -specification and/or wet weather effluent disposal from the future WRF. Amendment No. 2 authorized CONSULTANT to design and permit the deep injection well system which is anticipated to take approximately 18 months through the regulatory underground injection control (UIC) process. The preliminary design of the WTP and WRF facilities was recently completed and submitted to the COUNTY. The COUNTY has requested CONSULTANT to prepare Amendment No. 3. This amendment CDM Smith Page 1 of 17 J3161_Amend No. 3.docx Page 86 of 1533 provides for the final design and permitting for drilling of two offsite Upper Floridan Aquifer (UFA) raw water production wells with a rated production capacity of approximately 1,400 gallons per minute (GPM) each. It also includes the final design and permitting services for a raw water pipeline from Well Site No. 2 and Well Site No. 4 to the Taylor Dairy Road WTP site. The COUNTY has an existing 20-year Individual Consumptive Use Permit (CUP) (50-00406-W) that was issued by the South Florida Water Management District (SFWMD) in March 2008 to withdraw 2,488 million gallons annually (6.82 MGD) from the UFA in the north, central and southern parts of the COUNTY as well as from the surficial aquifer (Holiday Pines Wellfield). In this CUP, four proposed UFA wells are permitted to withdraw up to approximately 3.27 MGD at the Taylor Dairy Road WTP site. One existing test production well is located at the WTP site, and three UFA production wells are proposed to be located offsite. The preliminary design for the new WTP defines approximately 6.25 MGD of raw water (groundwater from the UFA) is needed to produce 5 MGD of finished water. The CUP will need to be modified to increase the withdrawal allocation from 3.27 to 6.25 MGD at the Taylor Dairy Road WTP wellfield and moving the three UFA wells originally permitted onsite to offsite locations. Four UFA wells at the COUNTY Fairground site are also included in the CUP with an allocation of 1.9 mgd. There is also a permitted allocation of 0.167 mgd from two surficial aquifer system production wells at the Holiday Pines WTP. The COUNTY's withdrawals from the surficial aquifer have been slightly higher than their current permitted annual allocation for 2022. Figure 1 shows an aerial of the Taylor Dairy Road WTP site, Wells No. 2 and No. 4, and the route for the raw water pipeline from Well No. 4 to Well No. 2 to the Taylor Dairy Road WTP site. It is assumed that Well Sites No. 2 and No. 4 are to be located on COUNTY property. The well sites are estimated to be approximately 100 feet by 100 feet. A separate legal description for each out parcel will be developed and provided, which is included in the surveyor's scope of work. The Taylor Dairy Road WTP project site is an area of approximately 38 acres in size and located east of Taylor Dairy Road and south of Indrio Road in unincorporated St. Lucie County. The site property is a relatively flat, heavily wooded area vegetated with forested uplands. CDM Smith Page 2 of 17 J3161_Amend No. 3.docx Page 87 of 1533 CDM_ Figure No. 1 Proposed Taylor Dairy Road WTP Site And Well Location Plan Smith JUNE 2o22 Figure 1 Proposed Taylor Dairy Road WTP Site and Well Location Map Smith Page 3 of 17 jj3161_Amend No. Id= Page 88 of 1533 SCOPE OF SERVICES Tasks 1 through 6 are being provided under the original preliminary design authorizations. Tasks 7 and 8 were part of Amendment No. 1. Task 9 was part of Amendment No. 2. Task 10 is being added as Amendment No. 3. TASK 10 — FINAL DESIGN SERVICES FOR THE WELL DRILLING AND MECHANICAL OUTFITTING OF TWO OFF -SITE UFA RAW WATER PRODUCTION WELLS, RAW WATER PIPELINE, AND WELL SITE FACILITIES DESIGN Subtask 10.1— Geotechnical Investigation Plan CONSULTANT will retain a Subconsultant to perform geotechnical (soil) field exploration and laboratory testing for determining subsurface characterization along the corridor for the raw water pipelines. CONSULTANT will be responsible for coordinating the work with the Subconsultant, will perform required analyses and interpretation, and compile a Geotechnical Interpretive Report to support the pipeline design. The following will be performed under this task: 1. Perform up to one site visit to aid in developing the final boring locations along the pipeline route. 2. Arrange for an exploration program consisting of Standard Penetration Test (SPT) borings, to be performed along the pipeline route where accessible surrounding existing structures. 3. Drill up to 17 Standard Penetration Test (SPT) bores up to a depth of 14 feet along the pipeline route. Split -spoon soil samples will be collected from the SPT boring at 2-foot intervals to a depth of 20 feet and at 5-foot intervals thereafter to termination. 4. Test representative soil samples to confirm the classification of the soils and to assist with the determination of engineering properties. 5. Perform soil classification tests and engineering tests on selected samples obtained from the soil borings. 6. Determine seasonal highwater elevations. 7. Visually classify soil samples in general accordance with the United Soil Classification System and AASHTO Classification and Prepare Test Boring Records. 8. Conduct up to 2 Corrosion Series Tests. 9. Perform laboratory inspection and testing on selected samples as necessary, to develop engineering parameters to include moisture content tests, organic content tests, gradation tests and Atterberg limit tests (as applicable). 10. Summarize the results of the geotechnical exploration program in a report. Reports will be issued first in draft form, then in final form after receipt of comments from the CONSULTANT. The Geotechnical Interpretive Report will include the following: • SPT location plan. • SPT boring logs indicating soil description, groundwater conditions encountered, and seasonal high groundwater table. • Results of laboratory tests. • Recommendations of materials for fill or backfill and other special construction considerations related to soils and pipeline construction. CDM Smith Page 4 of 17 J3161_Amend No. 3.docx Page 89 of 1533 • Comments on construction aspects related to soils and foundations, including excavation and filling, protection of adjacent structures and utilities, excavation support, dewatering, and special requirements for protecting the strength of undisturbed soils at foundation elevation. Deliverables: ■ Draft and Final Geotechnical Interpretive Reports signed and sealed by a Geotechnical Professional Engineer licensed in the State of Florida. Subtask 10.2 — Surveying Services Subtask 10.2.1 - Offsite UFA Raw Water Production Well Sites The CONSULTANT will enlist the services of a Florida registered professional land surveyor as a Subconsultant to provide topographic and boundary survey of the offsite UFA raw water production well sites, the raw water pipeline route, and the SPT locations described in Subtask 10.1, which will provide the following services: Prepare a boundary Survey of each off -site well site, for Wells No. 2 and No. 4 and the raw water utility pipeline corridor to the Taylor Dairy Road WTP Site based upon title documentation provided by the COUNTY and/or title company. Research and/or Abstracting for title or encumbrances will not be performed by the surveyor. The Boundary Survey will include the above -ground improvements located on the well sites and along the raw water pipeline utility corridor. Subtask 10.2.2 — Raw Water Pipeline Utility Corridor Topographic and Right of Way Survey 1. Review previous topographic survey, performed by Langan, and provide right of way and topographic survey from Well Site No. 4 to Well Site No. 2, along Indrio Road to Taylor Diary Road, and along Taylor Dairy Road south to the Taylor Dairy Road WTP site. The survey will obtain spot elevations for interpolation of one -foot contours to be shown on the Contract Documents. Survey will extend from right-of-way to right-of-way. Figure 1 shows the approximate survey limits for Taylor Dairy Road topographic survey data collection. 2. Provide boundary and topographic survey for two offsite raw water wells (UFA Well No. 2 and UFA Well No. 4) and the raw water main alignment. Figure 1 shows the survey limits for the offsite wells and water main survey data collection. It is assumed 100 feet by 100 feet parcel will be established at Well Sites No. 2 and No. 4. a. The proposed location of UFA Well No. 2 is at the southeastern corner of the intersection of Taylor Diary Road and Indrio Road. Establish the northwestern property corner of the parcel at the southeast corner of Indrio and Taylor Dairy Road and provide boundary and topographic survey, extending 100 feet south and 100 feet east of UFA Well 2. b. The proposed location of UFA Well No. 4 is on the south side of Indrio Road between Southwind Trail and Bald Cypress Trail. Establish the northeastern property corner of the parcel at the southerly right-of-way (R/W) of Indrio Road and provide boundary and topographic survey, extending 100 feet south and 100 feet west of UFA Well 3. c. The proposed raw water main will connect both wells to the Taylor Dairy Road WTP and the survey will extend from right-of-way to right-of-way along Taylor Dairy Road and Indrio Road. GDM Smith Page S of 17 J3161_Amend No. 3.docx Page 90 of 1533 3. Project Survey shall reference North American Vertical Datum of 1988 (NAVD 88). Survey will be to State Plane Coordinate System without rotation. Surveyor shall confirm reliability and accuracy of Horizontal and Vertical Control. 4. The Survey will include right-of-way determination and existing easements for both Taylor Dairy and Indrio Road. 5. The Survey will consist of general ground elevation shots and breaks in grade with intervals not to exceed 50 feet cross -sections. 6. The Topographic Survey will include: a. Rim and invert elevations of storm drainage manholes, culverts, catch basins, and outfalls including pipe sizes and type if attainable b. Rim and invert elevations of sanitary sewer manholes including pipe sizes and type if attainable c. Overhead wires (horizontal and vertical location only) d. Type and height of walls, fences e. Outline of areas of dense vegetation such as tree lines, bushes, hedges, and shrubs f. Outline of landscaped areas g. Individual trees (and shrubs) over 6-inch caliper measured at breast height when not included within areas of dense vegetation h. Sub -surface designation or location of underground utilities include: i. Accessible aboveground utilities, including manholes, catch basins, inlets, and valves, will be shown within the site. Underground storm and sanitary pipes will be shown, where accessible. Underground utilities, such as gas, water, electric, etc., will be shown as marked out. Provide electronic designation and GPR scanning to locate the horizontal position of the utilities within the site. These designations will be surveyed and incorporated into the topographic survey. ii. Utilization of the above equipment and methods is the industry -recognized procedure for finding and locating underground utilities. Although effective and reliable, there is the possibility that all utilities may not be detected due to environmental conditions, soil conditions, water table, excessive depths and/or feature makeup. 7. Perform up to 16 vacuum excavations (Soft Digs) of identified underground utilities along the pipeline route. Deliverables: ■ Boundary and Topographic Site Survey-AutoCAD file and a signed and sealed plot of Survey. ■ Limited Topographic and Right of Way Survey of Taylor Dairy Road and Indrio Road-AutoCAD file and a signed and sealed plot of Survey. ■ Boundary and Topographic Map Civil 3D (Latest Version) geo-referenced CAD file of the Survey Drawings Files, Digital Terrain Model, and Land XML. This submittal will include topographic features with spot elevations, baselines, easements, and right-of-way (ROW) lines. Subtask 10.3 — UFA Water Production Wells - Well Drilling and Mechanical Outfitting Design This task consists of the development of the Contract Documents (drawings and technical specifications) necessary to procure services for drilling the two new off -site raw water UFA production wells, design of the mechanical outfitting, and development of an opinion of probable construction costs (OPCC). GDM Smith Page 6 of 17 J3161_Amend No. 3.docx Page 91 of 1533 Subtask 10.3.1 - Well Drilling and Testing Plan Documents CONSULTANT will prepare and submit a well drilling and testing plan related to the drilling of two UFA Production Wells for submittal to SFWMD as part of the CUP modification package. This document will serve as the basis of design for the raw water production wells, including a typical well construction site plan and well profile sketch, drilling methods, drilling activities, preliminary/expected drilling depths, well construction design criteria, and drilling and testing requirements. The drilling and testing plan will serve as the "roadmap" for executing the well construction portion and will be used as the basis of the well design. The document will address well setback requirements as required under Chapters 62-555 and 62-532, Florida Administrative Code (FAC) and proposed well development discharge water handling and disposal methodology. CONSULTANT will prepare and submit the draft well drilling and testing plan to COUNTY. CONSULTANT will prepare and submit the following work products under this task: 1. Well Drilling and Testing Plan Document (draft and final), 2. List of Specifications, 3. List of Applicable Permits, and 4. Copies of all relevant correspondence to this task delivered electronically, plus one paper copy. COUNTY shall review the draft well drilling and testing plan and other referenced documents and submit comments to the CONSULTANT. An in -person meeting between COUNTY and CONSULTANT will not be required. CONSULTANT will address review comments, provide a written response in the form of an electronic spreadsheet Comment/Response Worksheet, edit the well drilling and testing plan appropriately, and submit one hardcopy and one electronic file in PDF format of the final Well Drilling and Testing Plan to the COUNTY. Deliverables: ■ Draft and Final versions of the Well Drilling and Testing Plan. Subtask 10.3.2 - Design Drawings, Specifications, and Opinion of Probable Construction Cost This task includes reviewing existing hydrogeologic data and reports and the preparation of Contract Documents (drawings and specifications) to assist in the permitting and procurement of a Drilling Contractor to construct two UFA Production Wells. CONSULTANT will develop the drawings showing: an overall site clearing and a rough grading plan for Well Sites No. 2 and No. 4, well construction plans, above -ground wellhead piping, pump and motor, electrical service panel, electrical control panel, and related surface facilities for the well sites. The Taylor Dairy Road WTP 30 percent design report and test well design will be used as the basis of design. CONSULTANT will develop the technical specifications utilizing the EJCDC/CSI 50-division format, which will consist of written technical descriptions of materials, equipment, standards, and workmanship, for execution of the well construction and testing activities. Table 1 presents the list of sheets for the design. CDM Smith Page 7 of 17 J3161_Amend No. 3.docx Page 92 of 1533 Table 1— Summary of Discipline General Anticipated Index of Sheets for Well Sites No. 2 and No. 4 Drawing Description Number of Sheets Cover 1 General General Notes 1 General St. Lucie County Specifications 1 Civil Overall Site Plan and Survey 2 Civil Production Well 2 Site Plan and Construction Details 1 Civil Production Well 4 Site Plan and Construction Details 1 Civil Typical Temporary Wellhead Details 1 Structural Structural Notes and Details 1 Structural Production Well 2 Plan and Sections 1 Structural Production Well 4 Plan and Sections 1 Mechanical General Notes, Symbols and Abbreviations 1 Mechanical Production Wells 2 & 4 Plan and Sections 2 Mechanical Mechanical Details 2 Electrical Electrical Legend 1 Electrical General Electrical Notes 1 Electrical Electrical Site Plan 1 Electrical Production Well 2 One Line Power Diagram 1 Electrical Production Well 4 One Line Power Diagram 1 Electrical Production Well 2 & 4 Elementary Control Diagram, Riser Diagram and Front Elevation 1 Electrical Production Well 2 Electrical Plan 1 Electrical Production Well 4 Electrical Plan 1 Electrical Light Fixture Schedule and Details 1 Electrical Electrical Details 1 Instrumentation Instrumentation Legend 1 Instrumentation Control System Architecture 1 Instrumentation Process & Instrumentation Diagram —Well 2 1 Instrumentation Process & Instrumentation Diagram — Well 4 1 Instrumentation Instrumentation Installation Details 1 Total No. of Sheets 31 Subtask 10.3.3 — Permit and Bid Sets CONSULTANT will prepare signed and sealed permit set of Contract Documents to submit to the permitting and regulatory agencies. CONSULTANT will incorporate any applicable review comments from permitting and regulatory agencies into a final signed and sealed bid set of Contract Documents. Subtask 10.3.4 — Opinion of Probable Construction Cost CONSULTANT will prepare an opinion of probable construction costs at the 60 percent and IFB completion stages and submit the estimates to COUNTY for review. The estimates will be based on generally accepted costs for this type of work. Deliverables: ■ 60 percent drawings, technical specifications, and OPCC. ■ 90 percent drawings and technical specifications (Divisions 1— 50). ■ Permit Set drawings and technical specifications. ■ 100 percent OPCC. ■ Final Contract Documents (drawings and technical specifications). GDM Smith Page 8 of 17 J3161_Amend No. 3.docx Page 93 of 1533 Subtask 10.4 — Raw Water Pipeline Design This task consists of the development of the Contract Documents (drawings and technical specifications) necessary to permit and procure services to construct the raw water pipeline from Well Sites No. 2 and No. 4 to the Taylor Dairy Road site. Subtask 10.4.1 — Design Drawings and Technical Specifications CONSULTANT will prepare design drawings for permitting, procurement, and construction of the raw water pipeline. CONSULTANT will also develop hydraulic model of the pressure piping system from Wells No. 2 and No. 4 to the Taylor Dairy Road WTP site to develop pump and pipeline sizing. A surge model will also be developed to evaluate the sizing of surge protection devices for the wells and pipelines. It is assumed that the pipeline material will be polyvinyl chloride and that surge mitigation can be accomplished with air valves and, if needed, pressure relief valves. It is assumed surge tanks will not be needed. CONSULTANT will prepare technical specifications utilizing the EJCDC/CSI 50-division format, which will consist of written technical descriptions of materials, equipment, standards, and workmanship as applied to this Project. The 30 percent design submittal will include a table of contents of the proposed technical specification sections for the work. Design milestone submittals at 60 percent and 90 percent will include project technical specifications for the proposed improvements. The raw water pipeline route from Well Site No. 4 to Well Site No. 2 is assumed to be within the Indrio Road R/W and located outside the pavement, along the south side of Indrio Road. The raw water pipeline route from Well Site No. 2 to the Taylor Dairy Road WTP site is assumed to be within the Taylor Dairy Road R/W and located outside the road, along the east side of Taylor Dairy Road. Hydraulic modeling calculations to support this design will also be included. The estimated raw water pipeline from Well Site No. 4 to Well Site No. 2 to the Taylor Dairy Road WTP site is approximately 8,000 linear feet, as shown on Figure 1. Table 2 presents a list of sheets that are estimated for the design. Table 2 - Summary of Anticipated Index of Sheets Discipline General for Raw Water Pipeline Number of Drawings (Updated 2 Civil - Pipeline - Overall Route Survey 1 Civil — Pipeline- Route Survey 1" = 30 ft 6 Civil — Well Sites No. 2 and No. 4 Survey 2 Civil —Site Plan Well Sites No. 2 and No. 4 2 Civil — Raw Water Main Plans 1 6 Civil — Raw Water Main Cross Sections 2 Stormwater Pollution Prevention Plan 2 MOT 1 Details 2 Total Anticipated Sheet Count 26 Assumes two plans per sheet at 1 inch = 30 ft CDM Smith Page 9 of 17 J3161_Amend No. 3.docx Page 94 of 1533 Subtask 10.4.2 — Permit and Bid Sets CONSULTANT will prepare signed and sealed permit set of Contract Documents to submit to the permitting and regulatory agencies. CONSULTANT will incorporate any applicable review comments from permitting and regulatory agencies into a final signed and sealed bid set of Contract Documents. Subtask 10.4.3 — Opinion of Probable Construction Cost CONSULTANT will prepare an opinion of probable construction costs at the 60 percent and 100 percent completion stages and submit the estimates to COUNTY for review. The estimates will be based on generally accepted costs for this type of work. Deliverables: ■ 10 percent conceptual pipeline route drawings. ■ 30 percent drawings and index of specifications. ■ 60 percent drawings, technical specifications, and OPCC. ■ 90 percent drawings and technical specifications (Divisions 1— 50). ■ Permit Set drawings and technical specifications. ■ 100 percent OPCC. ■ Final Contract Documents (drawings and technical specifications). Subtask 10.5 — Permitting Assistance This task includes services required for preparing and submitting appropriate permit application forms and supporting documentation, attending meetings with regulatory agencies, and response to requests for additional information as specified herein. Subtask 10.5.1 - Florida Department of Environmental Protection (FDEP) Construction of Water Main Extension for PWS for Connection of Offsite Production Wells No. 2 and No. 4 CONSULTANT will prepare FDEP Application Form 62-555.900(7)-Alternate, including the supporting documents, for submission to the FDEP and submit the Taylor Dairy Road Extension of Construction of the Raw Water Main Extension for PWS Permit Application. CONSULTANT will respond up to one request for additional information (RAI). Subtask 10.5.2 — County Right -Of -Way Permit CONSULTANT will prepare and submit the Right -of -Way Permit Application in accordance with the COUNTY's Engineering Division. CONSULTANT will respond to one RAI. Subtask 10.5.3 — Modification of SFWMD Consumptive Use Permit CONSULTANT will prepare the permit application and supporting materials and provide this information to the COUNTY for review and comment before submitting the application to SFWMD through their ePermitting portal. This modification will include modifications and updates to the UFA and surficial aquifer system groundwater withdrawals facilities and demands for the northern service area (Taylor Dairy Road and Holiday Pines WTP) and the central service area (near the COUNTY Fairgrounds). Consistent with the 10-year Water Supply Facilities Plan submitted to SFWMD in 2022, the demands for the southern service area will be removed from the permit since the need for these facilities will be developer driven. This submittal will satisfy the requirements of the 10-year CUP compliance for SFWMD W U P 50-00406-W. CDM Smith Page 10 of 17 J3161_Amend No. 3.docx Page 95 of 1533 CONSULTANT will prepare an Upper Floridan Aquifer Performance Test Plan for the proposed Taylor Dairy Road wellfield. The plan will describe the wells that will be used for the APT, which well will be pumped, which one will be used for drawdown observation, durations of different phases of the test (i.e., background, pumping and recovery), pumping rates, data to be collected, pumping discharge locations, and how the data will be analyzed. The APT Plan will consist of a Technical Memorandum that will ultimately be submitted to the SFWMD as part of the CUP modification application package. Upper Floridan Aquifer A groundwater modeling impact evaluation will need to be performed to demonstrate that the proposed groundwater withdrawal from the Taylor Dairy Road UFA wellfield (6.25 MGD) does not impact the water resources or other permitted users. The model is also required to support the well field design. The spacing of the wells within the WTP site are of concern to SFWMD due to the potential for upcoming of saline water from hydrogeologic units underlying the UFA based on modeling performed by SFWMD using the ECFM-2021. A modified version of the SFWMD East Coast Floridan Aquifer density -dependent groundwater flow model (ECFM-2021) was developed as part of the preliminary design. This model was used to perform preliminary simulations of wellfield pumping and to evaluate the resulting raw water quality degradation. The results of this preliminary groundwater modeling were shared with SFWMD in support of the State of Florida funding application. CONSULTANT will calibrate this model, use it to perform simulations of wellfield operation and to refine the results of the preliminary raw water (groundwater) quality degradation with pumping and time. The CONSULTANT will also use the groundwater model to evaluate UFA groundwater withdrawals at the Fairgrounds site in the COUNTY's central water service area. Grid spacing for modeling will be 300 feet by 300 feet near the Taylor Dairy and Central Wellfields. The results of the groundwater modeling will be presented in a Technical Memorandum describing the modeling methodology and input data, the modeling tool, and the simulated drawdown in the UFA due to the proposed withdrawals. Modeling for the Northern and Central UFA wells will include up to five predictive modeling simulations as follows: Simulation 1— No pumping from all existing permitted UFA users Simulation 2 — Proposed pumping from only Taylor Dairy WTP UFA wells and Central Wellfield UFA wells Simulation 3 — Proposed End of Permit Pumping (EPP) from all permitted UFA users and COUNTY simultaneously Simulation 4—TBD based off of results above Simulation 5 —TBD based off of results above Surficial Aquifer The CONSULTANT will use the existing uncalibrated groundwater flow model of the surficial aquifer system (SAS) in the vicinity of the Holiday Pines WTP to evaluate a slight increase in withdrawals from their existing wells from 0.167 to 0.175 mgd on an annual basis. This model was used in 2018 to expand the Holiday Pines WTP surficial aquifer wellfield and withdrawals (1.27 mgd) that was ultimately withdrawn by the COUNTY due to extensive wetland impacts. This model will be used to evaluate the CDM Smith Page 11 of 17 J3161_Amend No. 3.docx Page 96 of 1533 increased SAS withdrawals and potential impacts to wetlands. There will be no changes to the surficial aquifer model grid spacing for the Holiday Pines SAS production wells, which is 200 feet by 200 feet. The results of the groundwater modeling will be presented in a Technical Memorandum describing the modeling methodology, input data, modeling tool, and the simulated drawdown in the SAS due to the proposed withdrawals. Modeling will include up to four predictive modeling simulation as follows: Simulation 1 - No pumping from all existing permitted SAS users Simulation 2 — Existing pumping from only Holiday Pines WTP SAS wells (0.167 mgd) Simulation 3 — Proposed pumping from only Holiday Pines WTP SAS wells (0.175 mgd) Simulation 4 - Proposed End of Permit Pumping (EPP) from all permitted SAS users and Holiday Pines WTP wells (0.175 mgd) simultaneously The two Technical Memorandums mentioned above (one for the UFA and one for the SAS) along with the model files will be provided to SFWMD in support of the permit application to modify the existing CUP. The following items will be submitted as part of the application to modify the CUP: ■ UFA Production Well Drilling and Testing Plan for UFA-2 and UFA-4 (see Figure 1), ■ Production Well Construction Details for UFA-2 and UFA-4 (see Figure 1), ■ Groundwater Modeling Impact Evaluation Technical Memorandums, ■ Wellfield Operation Schedules for the North and Central wellfields, ■ Boundary Survey and Legal Control documentation for UFA-2 and UFA-4 (see Figure 1), ■ Demand projections for the COUNTY's Water Service Area, ■ Raw water projections for the COUNTY's Water Service Area, ■ A description and efficiency of the treatment processes, ■ Most recent version of the COUNTY Water Conservation Plan (to be provided by COUNTY), ■ A copy of Interlocal Agreements for water purchase, ■ Reuse Feasibility Study for planned reclaimed water (to be provided by COUNTY if applicable), and ■ An Aquifer Performance Test Plan for North and Central UFA wellfields. Deliverables: ■ Aquifer Performance Test Plan. ■ Draft and Final versions of the groundwater modeling TMs. ■ Draft and Final versions of the application to modify the existing CUP. Subtask 10.6 - Project and Quality Management Activities performed under this task consist of those general functions required to maintain the project on schedule, within budget, and that the quality of the work products defined within this scope is consistent with the CONSULTANT'S standards and the COUNTY's requirements. Specific activities included are identified below. GDM Smith Page 12 of 17 J3161_Amend No. 3.docx Page 97 of 1533 Subtask 10.6.1 - Project Management Activities performed under this task consist of those general administrative functions required to provide for the project remaining on schedule, within budget, that the proper resources are assigned to the project, and that the quality of work deliverables defined herein are consistent with the terms of the CONTRACT and this Amendment. Subtask 10.6.2 — Quality Management CONSULTANT maintains a Quality Management System (QMS) on all projects. CONSULTANT will hold internal Technical Review Committee (TRC) and Project Quality meetings, for quality assurance and control, prior to transmitting documents to COUNTY. TRC meetings will be held at the 10, 30 and 60 percent milestones. TRC comments will be addressed prior to moving forward with the design. A final comprehensive review of the 90 percent documents shall be performed prior to issuance for bid. COUNTY and CONSULTANT shall schedule review meetings after the 10, 30, 60, and 90 percent submittals to address comments and resolve issues. These meetings shall be attended by key staff of the CONSULTANT and COUNTY and be scheduled for two hours each. CONSULTANT will prepare and distribute an agenda and meeting summaries. Review comments and resolution for the submittals shall be handled electronically through email with attachments or secure file transfer. Subtask 10.6.3 - Progress Review Meetings COUNTY and CONSULTANT will schedule and participate in progress review meetings to review progress of the project, provide work and permitting process updates, and coordinate information exchange over the duration of the project. Six such meetings of one hour each are budgeted under this task. CONSULTANT will provide a written summary of each meeting and submit it to the COUNTY in electronic format for their records. COUNTY RESPONSIBILITY 1. COUNTY will coordinate with internal Planning and Development Services Department for information requests, if required. 2. The COUNTY will clear the well sites for access to proposed soil boring locations so equipment can perform the borings. 3. Develop and submit the COUNTY Environmental Resources Department Vegetation Removal Permit. 4. Furnish to CONSULTANT, as requested by CONSULTANT for performance of services as required by the Contract Documents, the following: a. Data prepared by or services of others, including without limitation explorations and tests of subsurface conditions at or contiguous to the site, drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site, or hydrographic surveys; b. Appropriate professional interpretation of all the foregoing; c. Environmental assessments, audits, investigations, and impact statements, and other relevant environmental or cultural studies as to the Project, the site, and adjacent areas; d. COUNTY will secure all easements required for the Project; e. Property legal descriptions; and f. Other special data or consultations not covered above. 5. Provide access to and make all provisions for CONSULTANT to enter upon public and private property as required for CONSULTANT to perform services under this Agreement. GQM Smith Page 13 of 17 J3161_Amend No. 3.docx Page 98 of 1533 6. Bear all costs incident to compliance with the requirements of the COUNTY'S Responsibilities 7. COUNTY will review milestone submittals within 10 working days of receipt. 8. Prepare front end documents, Division 0, for bidding and procurement. ASSUMPTIONS 1. The final design services for the Taylor Dairy Road WTP project are listed under a separate Amendment. 2. Three phase utility power is available in the vicinity of remote well locations. Electrical design will include generator receptacles for emergency power needs. 3. This Amendment includes only the permits specifically referenced herein. 4. COUNTY will pay all permitting and/ or application fees. 5. There are no requirements to submit applications to the Florida Fish and Wildlife Conservation Commission or the U.S. Fish and Wildlife Services. 6. There are no requirements or additional changes to existing Zoning (Utilities) and proposed Land Use for the water utility facilities. 7. COUNTY will provide review comments within ten working days following submittals. 8. COUNTY will provide site legal description, access, and clearing to geotechnical bore locations. 9. Excavation for field verification beyond the number of utility locates of the actual locations of existing underground utilities is not included. 10. It is assumed that the pipeline material will be polyvinyl chloride and that surge mitigation can be accomplished with air valves and, if needed, pressure relief valves. It is assumed surge tanks will not be needed. 11. The raw water pipeline route from Well Site No. 4 to Well Site No. 2 is assumed to be within the Indrio Road R/W and located outside the pavement, along the south side of Indrio Road. The raw water pipeline route from Well Site No. 2 to the Taylor Dairy Road WTP site is assumed to be within the Taylor Dairy Road R/W and located outside the pavement road, along the east side of Taylor Dairy Road. Design of pavement open cuts and directional drilling are not included in this Amendment No. 3. 12. Preparation of the Division 0 front-end documents, other than the bid schedule, is not included in this Amendment No. 3. 13. The Well Drilling Permit will be obtained by the Contractor. ADDITIONAL EXCLUSIONS FROM SCOPE OF WORK The following services are specifically excluded from the Scope of Services. CONSULTANT reserves the right to seek additional compensation for additional services beyond those described in this Amendment. Additional services in connection with the Project will be addressed in a separate amendment or will be negotiated separately with the COUNTY. 1. Protected and other species evaluations, archeological, cultural resource surveys and endangered species survey (other than habitat assessment during wetland delineation). 2. Communication Program or Public Outreach Assistance. 3. The costs of any environmental site assessment (Phase 1 or 2 audits) as well as testing, characterization and disposal of any material considered hazardous (e.g., asbestos) or contaminated is not included in this Agreement and considered as Additional Services. GDM Smith Page 14 of 17 J3161_Amend No. 3.docx Page 99 of 1533 4. Design services do not include development of Maintenance of Traffic Plan. 5. No design, adjustment, or conflict structures are included for utilities owned by others. 6. Stormwater or environmental resource permitting. 7. Bidding assistance. TIME OF PERFORMANCE It is anticipated that the work outlined in Amendment No. 3 will start within two weeks after Notice to Proceed (NTP) and issuance of a purchase order to the CONSULTANT by the COUNTY and be completed within 12 months thereafter. CONSULTANT and COUNTY agree to the following estimated schedule: Start Subtask 10.1 - Geotechnical Investigation Plan Subtask 10.2 - Surveying Services Subtask 10.3 - UFA Water Projection Wells - Well Drilling and Mechanical Outfitting Design Subtask 10.4 - Raw Water Pipeline Design Subtask 10.5 - Permitting Assistance Subtask 10.6 - Project and Quality Management 14 days from NTP 3 months from Start 3 months from Start 10 months from Start 10 months from Start 10 months from Start 12 months from Start CONSULTANT reserves right to extend completion date in the event COUNTY does not provide comments within ten business days. The CONSULTANT will submit a more detailed Baseline Schedule to the COUNTY within 30 calendar days after NTP. COMPENSATION AND PAYMENT Compensation for this Amendment No. 3 described herein shall be made in accordance with the Contract between the COUNTY and CONSULTANT on the basis of Not -to -Exceed (NTE) fee. The Not -to - Exceed amount for this Amendment No. 3 is $732,190. The budget by labor category is shown below in Exhibit A. CONSULTANT will submit monthly invoices for services rendered in accordance with this Contract. Payments for the services described herein shall be made on a time and materials (T&M) basis for hours worked on the project at the hourly billing rates of this Contract plus outside professional subcontractors. Hourly billing rates include routine reimbursable expenses (mileage, prints, postage, meals, etc.). Table 3 presents the approximate, not binding, value of each task within the total not to exceed amount. The new grand total not -to -exceed amount of the Contract is $2,419,832.70. CONSULTANT reserves the right to shift budget between tasks as needed to complete the identified services. Smith Page 15 of 17 J3161_Amend No. 3.docx Page 100 of 1533 Table 3 - Estimated Task No. Subtask 10.1 Value of Each Task Description Value($) Geotechnical Investigation Plan $ 49,360 Subtask 10.2 Surveying Services $ 80,760 Subtask 10.3 UFA Water Projection Wells — Well Drilling and Mechanical Outfitting Design $ 212,540 Subtask 10.4 Raw Water Pipeline Design $ 157,900 Subtask 10.5 Permitting Assistance $ 148,940 Subtask 10.6 1 Project and Quality Management $ 82,690 TOTAL AMENDMENT NO. 3 NOT TO EXCEED AMOUNT $ 732,190 CDM Smith Page 16 of 17 J3161_Amend No. 3.docx Page 101 of 1533 EXHIBIT A BUDGET PROJECT: Contract for Consulting/Professional Services St. Lucie County, Taylor Dairy Road Facilities Raw Water Pipeline and Offsite Production Wells 2 & 4 PROJECT DESCRIPTION: As Outlined in the Contract REFERENCE: Agreement between St. Lucie County Board of County Commissioners and CDM Smith Inc. Labor Category Hours Rate Total Senior Officer 52 $255 $13,260 Officer 20 $240 $4,800 Associate 194 $235 $45,590 Principal 541 $230 $124,430 Senior Professional 938 $180 $168,840 Professional)) 168 $155 $26,040 Professional) 558 $130 $72,540 Senior Technical Expert 275 $270 $74,250 Senior Support Services 192 $140 $26,880 Staff Support Services 544 $115 $62,560 Project Administration 80 $100 $8,000 TOTAL HOURS 3,562 TOTAL LABOR COST (INCLUDING ROUTINE ODCs) $672,190 SUBCONTRACTOR COSTS: Geotechnical $27,000 Surveying $78,000 TOTAL AMENDMENT NO. 3 NOT -TO -EXCEED AMOUNT $732,190 CDM Smith Page 17 of 17 J3161_Amend No. 3.docx Page 102 of 1533 0 PdGG10D AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Jennifer Hance, Housing Manager SUBMITTED BY: Housing Services Division P4110 r.1101 CONSENT AGENDA - HOUSING SERVICES DIVISION DATE: 12/6/2022 *ACTION ITEM - BID AWARD QUASI-JUDICIAL ITEM? No SUBJECT: Award of Request for Applications (RFA) No. 22-096 Notice of Funding Availability and RFA for Local Government Area of Opportunity Funding in Conjunction with Florida Housing Finance Corporation RFA 2022-201 BACKGROUND: On a yearly basis, the Florida Housing Finance Corporation (FHFC) issues competitive Requests for Applications from housing developers looking to utilize Low Income Housing Tax Credit financing to construct or rehabilitate affordable housing units. Developers seeking to obtain this financing from FHFC must submit a funding commitment from the local government where they wish to operate. This monetary commitment is referred to as Local Government Area of Opportunity (LGAO) funding and is a requirement for the developer to be eligible for an award. The amount required for the LGAO is $460,000. Developer applications are due to FHFC on December 28, 2022. On October 2, 2022, RFA No. 22-096 was issued by St. Lucie County. Applications were due on November 2, 2022. Blue Sky Communities was the sole responder. The application proposes to construct 72 two- bedroom/two-bathroom apartment homes located at 3000 Okeechobee Road, Fort Pierce, FL 34947. Tenant incomes must be at or below 80% of the area median income (AMI), with 15% of the units set aside for tenants 30% of AMI or below. The community will remain affordable in perpetuity. The RFA issued by FHFC is competitive and there is no guarantee the developer will be funded. Blue Sky Communities has a current portfolio of thirty affordable housing communities throughout Florida, including Blue Sky Landing, a 166-unit affordable housing community currently under construction in Fort Pierce. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Funding in the amount of $400,000.00 and $60,000.00 is currently available in funds 001-5420-534000- 540000 and 001-5420-599330-540000 respectively. Page 103 of 1533 RECOMMENDATION: Staff recommends the Board commit $460,000.00 to Blue Sky Communities for the LGAO required by the Florida Housing Finance Corporation for RFA 2022-201; and authorization for the Chair to sign documents as approved by the County Attorney. Its] iT, I LTI I M1I0L1WIT41IIQL1F RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Diana Wesloski, Community Services Director Office of Management and Budget Jennifer Hill, Office of Management & Budget Director Daniel McIntyre, County Attorney X; - Alphonso Jefferson, Deputy County Administrator Date: November 14, 2022 Date: November 14, 2022 Date: November 14, 2022 Date: November 22, 2022 Date: November 22, 2022 Page 104 of 1533 FLORIDA HOUSING FINANCE CORPORATION LOCAL GOVERNMENT VERIFICATION OF CONTRIBUTION — LOAN FORM Name of Development: Development Location: (At a minimum, provide the address number, street name and city, and/or provide the street name, closest designated intersection and either the city (if located within a city) or county (if located in the unincorporated area of the county). If the Development consists of Scattered Sites, the Development Location stated above must reflect the Scattered Site where the Development Location Point is located.) The City/County of , commits $ at face value, (which may be used as an FHFC Non -Corporation Funding Proposal in an Application for FHFC funding if it meets the required criteria) in the form of a reduced interest rate loan to the Applicant for its use solely for assisting the proposed Development referenced above. Please note: In some competitive processes, Florida Housing will use the face value of the commitment minus the net present value of the commitment for scoring purposes. The net present value of the above -referenced loan, based on its payment stream, inclusive of a reduced interest rate and the designated discount rate (as stated in the applicable RFA) is: No consideration or promise of consideration has been given with respect to the loan. For purposes of the foregoing, the promise of providing affordable housing does not constitute consideration. The commitment for this loan must be effective as of the Application Deadline for the applicable RFA and is provided specifically with respect to the proposed Development. CERTIFICATION I certify that the foregoing information is true and correct and that this commitment is effective at least through the date required in the applicable RFA. Signature Print or Type Name Print or Type Title Date Signed NOTE TO LOCAL GOVERNMENT OFFICIAL: Additional information is set forth in the applicable Request for Application under which the Applicant is applying for funding for the above referenced Development. This certification must be signed by the chief appointed official (staff) responsible for such approvals, Mayor, City Manager, County Manager /Administrator/Coordinator, Chairperson of the City Council/Commission or Chairperson of the Board of County Commissioners. If the contribution is from a Land Authority organized pursuant to Chapter 380.0663, Florida Statutes, this certification must be signed by the Chair of the Land Authority. One of the authorized persons named above may sign this form for certification of state, federal or Local Government funds initially obtained by or derived from a Local Government that is directly administered by an intermediary such as a housing finance authority, a community reinvestment corporation, or a state -certified Community Housing Development Organization (CHDO). Other signatories are not acceptable. The Applicant will not receive credit for this contribution if the certification is improperly signed. The amount of the contribution stated on this form must be a precise dollar amount and cannot include words such as estimated, up to, maximum of, not to exceed, etc. If there are alterations made to this form that change the meaning of the form, the form will not be accepted. (Form Rev. 07-2022) Page 105 of 1533 BOARD OF COUNTY COMMISSIONERS TABULATION SHEET RFA No. 22-096 PURCHASING DEPARTMENT Notice of Funding Availability & RFA for Local Government Area of Opportunity Funding in Conjunction with Florida Housing Finance Corp. OPENED: November 2, 2022 at 3:00 PM (1) Submittal was received for subject proposal: Blue Sky Communities Contact: Shawn Wilson Phone: 813-384-4825 email: SWilson@blueskycommunities.com Address: 5300 W Cypress Street, Suite 200, Tampa, FL 33607 NUMBER OF COMPANIES NOTIFIED*: 716 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 7 NUMBER OF BIDS RECEIVED: 1 * - Per demandstar.com Page 106 of 1533 8.E.1. 0 PdGG10D AGENDA REQUEST TO: Board of County Commissioners P4110 4011.y CONSENT AGENDA - ENVIRONMENTAL RESOURCES DATE: 12/6/2022 *ACTION ITEM - AGREEMENT QUASI-JUDICIAL ITEM? No PRESENTED BY: Amy Griffin, Environmental Resources Director Mike Middlebrook, Environmental Resources Assistant Director SUBMITTED BY: Environmental Resources SUBJECT: SUN Trail Maintenance Agreement - Northern Savannas Segment (FDOT Project #439999-3) BACKGROUND: The attached agreement represents the areas of maintenance responsibility for the East Coast Greenway (ECG) Trail that will be constructed by the Florida Department of Transportation (FDOT) under the Shared -Use Nonmotorized (SUN) Trail Network program for the future northern Savannas trail segment (FDOT Project FM #439999-3). The project limits are from near the Lennard Road and Kitterman Road intersection within the Savannas Preserve State Park to the Savannas Recreation Area, north of Midway Road. The attached agreement and exhibit identifies areas of future maintenance responsibility for both the County and the Florida Department of Environmental Protection Division of Recreation and Parks (FDEP DRP). The agreement addresses day-to-day maintenance, such as, but not limited to, mowing, and allows the County to partner with FDEP DRP in the future to ensure the trail remains open to the public throughout the useful life of the project. Construction is expected to begin in the summer of 2023. FDOT held a public information meeting about the project on the evening of November 30, 2022 from 5:30 to 7:30 P.M. at the Havert E. Fenn Center. Construction is estimated at $3.7M and is being provided by FDOT at no match to St. Lucie County and the design is nearing 90% complete. The segment will extend the trail planned within the Savannas Preserve State Park and will connect to the existing trail within the Savannas Recreation Area, north of the campground. The project will involve paving a ten (10) foot -wide multiuse trail and construction of boardwalks where necessary. This project also includes extending and widening portions of sidewalk along the southside of Midway Road, expanding the sidewalk to the east to the Savannas Recreation Area. The FDEP DRP will maintain all areas within the State Park boundary. The County will be responsible for maintaining all other areas covered under the agreement. County responsibility will be divided across three internal departments; Public Works/Road and Bridge (Easy Street Rights -of -Way, areas along Midway Road Rights -of -Way), Parks and Recreation (Savannas Recreation Area), and the Environmental Resources Department (all other areas outside of the State Park and not covered by other departments, including areas along the North St. Lucie Water Control District Canal 22 and areas south of Easy Street). An exhibit showing Page 107 of 1533 areas of responsibility is attached to the agreement, as well as further background on the SUN Trail program. Areas of maintenance responsibility outside of the County's Rights -of -Way, including areas owned by Florida Power and Light and North St. Lucie Water Control District have been obtained for the trail through permits and easement agreements and FDOT has certified the Right -Of -Way for construction (attached as background). This ECG is a 3,000-mile multi -use trail currently under development from Maine to Key West. The ECG corridor in St. Lucie County runs from the Indian River/ St. Lucie County line on North Hutchison Island (NA1A) through downtown Ft. Pierce, through the Savannas, and ending at the Martin/St. Lucie County line on Green River Parkway and is a goal in the St. Lucie County Greenways and Trails Master Plan. In 2014, the Florida Legislature authorized the Florida Shared -Use Nonmotorized (SUN) Trail Network under 339.81, F.S. to develop a statewide system of paved non -motorized trails as a component of the Florida Greenways and Trails System (FGTS). $25M is allocated annually to this program from new vehicle tag revenues and a portion of the funding is distributed to FDOT for implementation of regional trails within the seven (7) FDOT districts. FDOT administers these funds through the FDOT five year work plan program and selects local projects through an individual trail grant program/process. St. Lucie County Environmental Resources Department (ERD) has submitted seven (7) grant applications on behalf of St. Lucie County and its local partners since 2015. These grant applications requested funding for feasibility studies, design, permitting, and construction of the remaining segments of the ECG throughout St. Lucie County. Annually, Environmental Resources staff works with the St. Lucie Transportation Planning Organization (SLTPO) to ensure prioritization and funding allocation is requested for the remaining segments and phases. Project segments include, but not limited to, areas of the Savannas Preserve State Park, Savannas Recreation Area, Indian Hills Recreation Area, Indian Hills Golf Course, Downtown Ft. Pierce, and North A1A. Completed segments can be found today at Indian Hills Recreation Area, Savannas Recreation Area, and along Greenriver Parkway. The next segment that is scheduled for construction is the southern +/-6 miles within the Savannas Preserve State Park from Walton Road to the start of this project at Lennard and Kitterman Road. Over the life of the SUN Trail program, St. Lucie County may benefit from an estimated $30M worth of improvements and the eventual completion of the 18 miles of ECG throughout St. Lucie County. In the current adopted FDOT work program for the SUN Trail program, St. Lucie County is set to receive nearly $15M in funding. This is the highest of all counties in the State of Florida. PREVIOUS ACTION: 10/20/20 - Item No. 2020-50471, Maintenance Agreement for the Southern Savannas Preserve State Park SUN Trail Project. 12/18/18 - Item No. 5736, Resolution Supporting FDOT SUN Trail Implementation in St. Lucie County. 04/04/17 - Item No. 4201, MMOA with FDOT for East Coast Greenway Signage on NA1A. 04/05/16 - Item No. 3455, Letter of Support to Florida Legislature for funding SUN Trail Program. 02/04/14 - Item No. 1876, Supporting East Coast Greenway Trail Construction at Savanna Rec Area. 07/24/01 - Resolution No. 01-123, Adoption of the Greenways and Trails Master Plan. FINANCIAL IMPACT: Construction is anticipated to reach $3.7M and is being provided solely by the Florida Department of Transportation (FDOT) at no match to St. Lucie County through the SUN Trail individual trail grant program. The attached agreement provides surety to FDOT that the County and the Savanna Preserve State Park will maintain the trail following construction. Maintenance responsibilities include mowing and upkeep and will be absorbed internally between three departmental operation budgets; Environmental Resources Page 108 of 1533 Department, Public Works/Road and Bridge, and Parks and Recreation. Environmental Resources uses a contractor for mowing/ maintenance and estimates the agreement will cost an additional $12,000 per year. RECOMMENDATION: Staff recommends Board approval of the attached maintenance agreement with the Florida Department of Transportation and the Florida Department of Environmental Protection for the Savannas Preserve State Park northern SUN Trail segment and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: November 16, 2022 Amy Griffin, Environmental Resources Director Date: November 16, 2022 Katherine Barbieri, Assistant County Attorney III Date: November 28, 2022 Jennifer Hill, Office of Management & Budget Director Date: November 29, 2022 Daniel McIntyre, County Attorney Date: November 29, 2022 Mark Satterlee, Deputy County Administrator Page 109 of 1533 OFF SYSTEM PROJECT AGREEMENT ("Agreement") Between STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida ("DEPARTMENT"), and BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, a political subdivision of the State of Florida ("LOCAL GOVERNMENT"), and STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, DIVISION OF RECREATION AND PARKS, ("DRP") THIS AGREEMENT ("Agreement"), made and effective as of , 2022, by and between STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, whose mailing address is 3400 W. Commercial Blvd, Fort Lauderdale, Florida 33309 hereinafter called "DEPARTMENT" and BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, a political subdivision of the State of Florida whose mailing address is 2300 Virginia Ave. Fort Pierce, Florida 34982 hereinafter called "LOCAL GOVERNMENT" and STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, DIVISION OF RECREATION AND PARKS, whose mailing address is 3900 Commonwealth Boulevard MS 525, Tallahassee, Florida 32399 hereinafter called "DRP". All parties referenced in this Agreement are designated project ("Multi -Use Trail Project") partners and acknowledge that this Multi -Use Trail Project is being carried out as part of the Florida Shared -Use Nonmotorized Trail Network pursuant to F.S. 339.81. I. The DRP acknowledges that the DEPARTMENT will require the DRP to maintain the entire Multi -Use Trail Project within the park boundaries of the Savannas Preserve State Park, as depicted in the attached exhibit showing limits of maintenance responsibility, as well as the Construction Plans and Specifications of F.P.I.D. #J439999-3-52-01 , for the design life of the Multi -Use Trail Project, according to DRP standards, which include, but are not limited to, the Americans with Disabilities Act, Design Standards, and the Standard Specifications, and as amended from time to time. The DEPARTMENT will do all acts necessary, including securing all environmental and regulatory permits, easements, temporary construction easements and rights of entry associated with the construction of the Multi -Use Trail Project. DEPARTMENT's performance and Page 1 of 7 Page 110 of 1533 obligations under this Agreement are also contingent and conditioned upon the Board of Trustees of the Internal Improvement Trust Fund's conveyance of an easement interest to the state-owned portions of the Multi -Use Trail Project in form and substance satisfactory to the DEPARTMENT. 2. The LOCAL GOVERNMENT acknowledges that the DEPARTMENT will require the LOCAL GOVERNMENT to maintain portions of the Multi -Use Trail Project within the LOCAL GOVERNMENT rights -of -way, including rights -of -way as established by permit, as depicted in the attached exhibit showing limits of maintenance responsibility, as well as the Construction Plans and Specifications of F.P.LD. #_439999-3-52-01_, for the design life of the Multi -Use Trail Project, according to LOCAL GOVERNMENT standards, which include, but are not limited to, the Americans with Disabilities Act, Design Standards, and the Standard Specifications, and as amended from time to time. 3. The DRP and LOCAL GOVERNMENT shall maintain the improvements in each of their respective areas designated under this Agreement including, but not be limited to, repair of slopes/erosion, removal of graffiti, boardwalk decking and handrails, gravity walls, pavement markings, pedestrianibicycle signals, and all other features provided by the DEPARTMENT as part of the Multi -Use Trail Project. The DRP and LOCAL GOVERNMENT shall maintain pavement surfaces and any linear features to DRP and LOCAL GOVERNMENT public use standards, respectively. Linear features include areas where mowing and general vegetation maintenance, not limited to, pruning and trimming is necessary as determined by the DRP and LOCAL GOVERNMENT. Maintenance responsibilities include the Multi -Use Trail Project corridor from Lennard Road at Kitterman Road to Savannas Recreation Area from 5 feet from edge of paved trail on one side of the trail to 5 feet from edge of paved trail on other side of the trail. The DRP and LOCAL GOVERNMENT shall ensure the safety of the public by repairing slope erosion and maintaining signs, sign poles, striping, pavement symbols, traffic markings, detectable warning surfaces, crosswalks, bollards, delineators, walls, railings, barriers, guardrail, pedestrian/bicycle signals and any other safety features within the Multi -Use Trail Project corridor in accordance with DRP and LOCAL GOVERNMENT standards. The DRP and LOCAL GOVERNMENT shall maintain paint on railings, sign poles, structures, etc. within the Multi -Use Trail Project corridor. Repairs to any Multi -Use Trail Project structural or safety feature shall be in kind and to DRP and LOCAL GOVERNMENT standards. The DRP and LOCAL GOVERNMENT shall maintain and repair the Multi- Use Trail Project in a good and satisfactory manner, and with reasonable care. All parties agree that this Multi -Use Trail Project is a part of the Florida Shared -Use Nonmotorized (SUN) Trail Network as defined by F.S. 339.81 and is therefore declared a public purpose and of public interest to ensure that the trail corridor remain intact, open to the public, and maintained for the Design Life of 25 years once constructed to protect the State of Florida's investment in this Multi -Use Trail Project. Page 2 of 7 Page 111 of 1533 4. The parties acknowledge and agree that the design plans for the Multi -Use Trail Project may not yet be finalized and are subject to review by the DEPARTMENT. Upon completion of the Multi -Use Trail Project the DEPARTMENT shall provide and the LOCAL GOVERNMENT and the DRP shall accept the as -built plans. No further board or council action shall be required to amend this Agreement for the sole purpose of incorporating the latest construction as -built plans. 5. The LOCAL GOVERNMENT shall pay utility bills for any signals, associated with the Multi - Use Trail Project. 6. The DRP and LOCAL GOVERNMENT shall conduct an annual inspection of their respective Multi -Use Trail Project areas as defined to ensure that any and all safety deficiencies are addressed. 7. When the Multi -Use Trail Project is at the end of its Design Life, as determined by LOCAL GOVERNMENT and DRP, the LOCAL GOVERNMENT and DRP shall prioritize the replacement or reconstruction of the Multi -Use Trail Project as if it was a new project through the local Transportation Planning Organization process. 8. This Agreement may be terminated under either of the following conditions: (a) by the DEPARTMENT, if the LOCAL GOVERNMENT or DRP fails to perform its duties under this Agreement, following 30 days' written notice; (b) by the DEPARTMENT, for refusal by the LOCAL GOVERNMENT or DRP to allow public access to public records subject to the provisions of Chapter 119, Florida Statutes; or (c) by DRP or the LOCAL GOVERNMENT after the design life with six months advance written notice to the DEPARTMENT. 9. After completion of construction of the Multi -Use Trail Project and upon written request, the DEPARTMENT shall transfer all transferable warranties concerning construction of the Multi - Use Trail Project to the DRP and LOCAL GOVERNMENT, as applicable. The assignment shall be evidenced by a written notice delivered to the respective parties and shall be subject to applicable Governmental Law and the construction agreement entered between the DEPARTMENT and its contractor. The DEPARTMENT shall ensure that the construction contractor will warranty all constructed facilities against latent defects for a 820-day period after final acceptance of the contract. 10. DRP's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. Page 3 of 7 Page 112 of 1533 11. All notices required may be sent by first class United States Mail, hand delivery, express mail or electronic mail (e-mail) and shall be deemed to have been received by the end of five business days from the proper sending thereof. Unless otherwise notified in writing, notices shall be sent to the following: To LOCAL GOVERNMENT: St. Lucie County Environmental Resources Department Attn: Amy E. Griffin, Director 2300 Virginia Ave. Fort Pierce, FL 34982 St. Lucie County Attorney's Office Attn: County Attorney 2300 Virginia Ave. Fort Pierce, FL 34982 To DRP: Division of Recreation and Parks Attn: Brian Fugate, Environmental Administrator, Office of Park Planning 3900 Commonwealth Boulevard MS 525 Tallahassee, FL 32399 To DEPARTMENT: State of Florida, Department of Transportation District Four — Director of Transportation Development 3400 Commercial Blvd. Ft. Lauderdale, FL., 33309 Page 4 of 7 Page 113 of 1533 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the dates exhibited by the signatures below. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION an Agency of the State of Florida By: Title: Director of Transportation Development Date: FDOT Legal Review DEPARTMENT OF ENVIRONMENTAL PROTECTION, DIVISION OF RECREATION AND PARKS Digitally signed by Brian Fugate Brian Fugate Date: 2022.09.23 14:05:39 -04'00' By: Brian Fugate Title: Environmental Administrator Date: Ap ro ed ubject to rop r execution: G' B: ST. LUCIE COUNTY, FLORIDA a political subdivision of the State of Florida by its Board of County Commissioners By: Title: Date: Attest: By: Title: Date: Page 5 of 7 Page 114 of 1533 E SUN Trail Project FM #43999-3 Maintenance by Entity g`oLC�1rC�u R Miles o sus ynvvws 0 a 25 0.5 1 1.5 2 P° - FDOT Florida Department of Transportation RON DESANTIS 3400 West Commercial Boulevard JARED W. PERDUE, P.E. GOVERNOR Fort Lauderdale, FL 33309 SECRETARY MEMORANDUM DATE: October 31, 2022 TO: Scott Foltz, Director, Office of Right of Way Attn: Robert Jessee, Deputy Director, Right of Way Production FROM: Cristine Balderes, Right of Way Agent II�� SUBJECT: Right of Way Certification — Clear for Construction Item Segment Number 439999.3 Managing District Four Federal Project Number N/A State Road Number N/A County St. Lucie Description Savannas Preserve State Park Fr Lennard Rd to Savannas Recreation Area; Bike Path / Trail The above referenced certification is herein forwarded for your further handling. Should you require clarification or additional information, please contact me at (954) 777-4293. If I'm not available, please contact Audrey Brunson at (954) 777-4276. Distribution: James Hughes, Project Manager Shandra Haynes Records Management Yvette Guerrero www.fdot.gov Page 120 of 1533 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CERTIFICATION FOR CONSTRUCTION R/W ITEM/SEGMENT NO.: 439999.3 CONSTRUCTION ITEM/SEGMENT NO.: 439999.3 F.A.P. NO. (Construction) COUNTY: LETTING DATE: N/A MANAGING DISTRICT STATE ROAD: DESCRIPTION: 575-095-05 RIGHT OF WAY 01/17 FOUR N/A SAVANNAS PRESERVE ST. LUCIE STATE PARK FR LENNARD RD TO SAVANNAS 9/01/2023 RECREATION AREA; BIKE PATH / TRAIL The undersigned hereby certifies as follows: Title to all property and easements needed for the above construction project is vested in the Florida Department of Transportation (Department) or a state or local government. The Department has obtained sufficient authority to construct and maintain the proposed improvements on property and easements owned by state or local governments. Further: Acquisition ❑ Right of way was not acquired for this project. ® Right of way was acquired for this project in compliance with applicable state and federal law. Relocation ❑ No persons or businesses were required to move or move personal property from the project right of way. ❑ All persons and businesses that were required to move or move personal property from the project right of way have been provided relocation assistance in compliance with applicable state and federal law. Demolition ® No structures or improvements, including encroachments, required removal from the project right of way. ❑ All structures and/or improvements, including encroachments, have been removed from the project right of way in compliance with applicable state and federal law, or will be included in the construction contract. Asbestos Abatement ® No structures or i ❑ Asbestos abate been complete Certified by: C'JC 4 is requiring asbestos abatement were located on the project right of way. aildings and/or structures, including those to be removed by the construction contractor, has iance with applicable state and federal law, or will be included in the construction contract. Title: 1ISTRICT RIGHT OF WAY MANAGER 10/31 /22 Date: Page 121 of 1533 District Use Only: No. - ffga_ - 60 q - NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT ("District") 14666 Orange Avenue - Fort Pierce, Florida 34945 - (772) 461-5050 - FAX (772) 461-9446 Application to Connect to. or Use. District Facilities. or for Utility- Construction* A. General information: Applicant Information: FDOT District 4 3400 W Commercial Blvd. Ft. Lauderdale, FL 33309-3421 Telephone: (954) 777-41.34 Email: James.Poole@dot.state.fE.us Enuineer of Record Information (if applicable Name: Fernando V. Gomez, PE Address: 9020 SW 137th Ave, Ste. 250 Miami. FL 33186 Owner Information (if different from Anolicantl: Address: Telephone: Email: Sillin_, Contact Information: Telephone: (305 )885-6400 ext. 202 'Telephone: Email; Fernando.Gomez@snubbs.com Email- E. Project information: (Check appropriate box and attach drawings to show location and details): ❑ Culvert Connection to District canal for gravity drainage (for irrigation facilities please use the NSLRWCD Application to Connect to, or Use NSf.RWCDfacilitiesfor Water Use Purposes). ❑ Pump Connection to District canal for drainage (for irrigation facilities please use the NSLRWCD Application to Connect to, or Use NSLRWCDfacilidesfor Water Use Purposes), ❑ Installation of culvert or water control structure in District canal for crossing or water control. ❑ Utility Crossing: ❑ Electric ❑ Telephone ❑ Gas ❑ Cable Television ❑ Water Main ❑ Force Main ® Other (specify): 10-foot shared use path !SUNTRAIL) within Canal 22 ROW Location: Section(s): 3, 10, 15 Township: 36-S Range: 40-E Canal No.: 22 Description of Indirect Connection: N/A (no hydraulic connection) Drainage area served: acres (Culvert or pump Connections.) C. Construction Schedule: Estimated commencement date: July 2022 Estimated completion date: July 2024 D. Application, Use Fee: $ Review Deposit: $ (Submit fee with this application in accordance with the District's fee schedule.) ACKNOWLEDGEMI ENT AND ACCEPTANCE: As reflected by my signature below, 1 hereby certify that the information shown above is accurate to the best of my knowledge, and that I agree to satisfy or abide by all requirements of this Permit, including "Standard Provisions" itemized on the reverse, and "Special Conditions" imposed by the District. Further, 1 acknowledge that the District and its Engineers are doing work to benefit the property and non-payment may result in filing of a construction lien as permitted by the Florida Statutes. Owner Signature; Owner Name ('Type or i{fi`nt)`-James Poole, PE Date: -2 1 } s / 2Z (1 of 3) Page 122 of 1533 District Use Only: No. - 0�,� - Ob* - I -A, NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT ("District") 14666 Orange Avenue - Fort Pierce, Florida 34945 - (772) 461-5050 - FAX (772) 461-9446 Application to Connect to, or Use, District Facilities, or for Utility Construction* SPECIAL CONDITIONS: (for District Use Only): a;6,e a dh,fd ************************************************************************************************************** Application Approved and Permit for Construction Issued: of Approval: 7-d 8 - 2- -;I.- For the North St. Lucie River Water Control District Permit Expiration Date: 7 - 0? 9-,� 1-1!� Construction Expiration Date: ************************************************************************************************************** Project Certification Received and Accepted: By: Date of Approval:, For the North St. Lucie River Water Control District Certification Expiration Date: *This Application will become a Permit if and when approved and signed by an authorized representative of the District. (2 of3) Page 123 of 1533 July 28, 2022 FDOT & St. Lucie County — Savannas SunTrail Parallel to Canal 22 NSLRWCD Permit Application No. 022-004-22 Permit Conditions 1. The permittee is proposing to construct an approximately 1.50 mile long, multi -use, paved trail with the Canal 22 right-of-way from Lennard Rd. north to Midway Rd. The project consists of the construction of a' 8 to 10- foot wide paved trail at -grade along the eastern portion of the Canal right-of-way and will also include drainage and landscaping improvements. The permittee shall install the proposed improvements in accordance with the approved plans prepared by Snubbs Consulting, Inc. dated July 2021. 2. Every effort should be made to install the "trail" as close to the easier right-of-way line as practicable in order to provide the District sufficient room for maintenance access and possible future improvements to the Canal and Canal right-of-way. 3. The District often uses heavy machinery to mow and maintain canals and will not be responsible for any damage to the "trail". It is the District's understanding that the County will perform routine mowing within the Canal right-of-way at a greater frequency than the standard level of service provided by the District. 4. The County shall work with the District to secure funding for future improvements to the Canal and Canal right- of-way, specifically relocating the canal east of its current location. 5. The permittee shall be responsible for all permit application review fees associated with this permit application. 6. At least two (2) weeks prior to commencement of construction, the permittee shall contact the District Office and District Engineer to schedule a pre -construction meeting. 7. The permittee shall contact the District Superintendent of Works, Bill Price at (772) 2014781, to schedule any site inspections. 8. The contractor shall provide the NSLRWCD with a 24-hour contact number and personnel for emergency situations. 9. The applicant shall be responsible for notifying the District of deviations from the approved plans during construction that would impact or affect District right-of-way or facilities. Any revisions or modifications to the approved plans shall be submitted to the District for review and approval. 10. All disturbed areas shall be sodded and pinned, except for areas calling for other material (i.e. riprap stabilization) as on the approved plans. IL If dewatering is proposed during construction, the permittee shall furnish a copy of the proposed dewatering plan to this District prior to the start of construction. The permittee may need to provide a standby pump for bypassing the canal flow over the temporarily closed canal crossing. However, in the event of forecasted landfall of a named storm event, the permittee shall be prepared to provide additional pumping capabilities or reopen the canal crossing so that the historical canal flow can be maintained. The permittee shall coordinate with the District Superintendent of Works to assess if, or when, bypass pumping is necessary. 12. During construction, the applicant shall ensure that the project complies with current State Water Quality Standards. The permittee shall be responsible for installing and maintaining measures to prevent sedimentation and turbidity issues within District canals. At a minimum, the Board recommends installing turbidity curtains downstream of the construction site and installing silt fence as applicable. The contractor shall stake all turbidity barriers at the canal high water line at minimum. Please be advised that the contractor will need to coordinate with the District Supervisor or Works as necessary for the removal of any turbidity barriers in the event of forecasted landfall of a named storm event. Page 124 of 1533 13. Within 30 days after completion of the permitted activity, the permittee shall submit notice of completion to the District for approval. This shall consist of a written notice of completion letter, and two (2) complete sets of the final "Record Drawings", signed and sealed by the project engineer of record or licensed surveyor. These statements must specify the actual date of construction completion and must certify that all improvements have been constructed in substantial conformance with the plans and specifications approved by the District and will function as intended and designed. If deviations from the approved drawings are discovered during the certification process, the certification must be accompanied by a copy of the approved permit drawings with deviations noted. All surveyed dimensions and elevations shall be certified by a registered surveyor. Page 125 of 1533 STANDARD PROVISIONS for Application / Permit No. DAa _ (36 !V • �� If this Application for a Permit is approved, I do acknowledge, understand, and agree that: I . I hereby indemnify and hold the District harmless from claims for property damage or personal injury arising from the installation or use of the permitted facility, and that this indemnification extends to damage to the facility itself that may occur from District operation and maintenance work. 2. Approval of this application does not relieve the Permittee from securing any and all other permits that may be required by other entities or governmental agencies, including, but not limited to, the South Florida Water Management District, the Florida Department of Environmental Protection, and St Lucie County. 3. The use of, or construction within, the District's right-of-way shall conform to the details of the attached approved drawings supporting this application. Modifications must be approved by the District in writing prior to construction. 4. If required in the interests of the District's operation and maintenance program, or by any modifications to the District's Standard Provisions, I agree to alter, replace, relocate, or remove the permitted facilities at no cost to the District, all as is more fully set forth by District Policy Resolution duly recorded in O.R. Book 669 at page 699 of the Public Records of St. Lucie County, Florida, but subject to the limitations thereof. 5. The lands to be benefited by this application are, or may be, subject to flooding during periods of high water resulting from heavy rains or other acts of God. This Permit will be accepted subject to this possibility, which is recognized not to be within the control of the District. 6. Any other requirements that may be imposed by the District are binding upon me, my successors and assigns. 7. Any Permit issued as an approval of this application other than one issued in irrevocable, recordable form pursuant to the Policy Resolution referenced in item 4, above, shall not be transferable from the Permittee to a subsequent owner or owners of all, or a portion of, the subject property without the express, written approval of the District. 8. Any Permit issued as approval of this application is strictly subject to all of the rules of the District, duly promulgated from time to time, which are on file and available for examination at the offices of the District by those having interest. 9. If a Permit is granted, I shall notify the District not less than 24 hours prior to the beginning and completion of the work, to enable the coordination and scheduling of inspections. 10. I accept total responsibility for any erosion of, or shoaling in, the District's right-of-way or canals that results from the permitted work, and I shall repair or remove same promptly, at no expense to the District 11. During and after construction, I shall prevent material from the construction area from being discharged to, or settling in, District canals. 12. Unless authorized by Permit, I shall neither place, construct or plant, nor cause to be placed, constructed or planted, any object or improvement within the District right-of-way without the express written prior approval of the District. 13. Within thirty (30) days of completion of the work, I shall submit a written statement to the District certifying that the work was performed and completed in accordance with the Permit and the approved drawings. If the work deviates from the Permit or approved drawings, the certification shall state the nature and extent of those deviations. 14. If this Permit is for a drainage connection, then drainage discharge from the area served shall not exceed the volumetric equivalent of 2.0 inches of depth over the area for any 24-hour period (38 gallons per minute per acre) from the 10-year frequency, 72-hour duration rainfall. 15. If a Permit is issued for a hydraulic connection of property with a District canal, I shall not discharge hyacinths or other aquatic vegetation into the District canal. 16. The Permittee, his agents and contractors, shall conduct the work in a manner that will not impair the use, or potential use, of the District right -of --way and facilities. In no case shall drainage or irrigation canals or appurtenant works be obstructed or restricted 17. All irrigation and drainage connections to District facilities shall be clearly marked with a post of contrasting colors to identify the location and extent of the permitted installation. 18. If access is permitted via an existing culvert crossing installed in District right-of-way, the Permittee is advised that the crossing may be permitted for use by other affected owners, as such crossings are limited in number by the District 19. The District reserves the right to permit the use of culvert crossings installed in rights -of -ways by other affected owners of District lands, as culvert crossings are subject to distance limitations imposed by the District 20. All utility installations shall be clearly marked with above -ground signs or markers, as required by the District's "Permit Information and Criteria Manual." Page 126 of 1533 9 l 07-m�� Shared -Use Nonmotorized (SUN) Trail Program Florida Department of Transportation Systems Implementation Office At -A -Glance Adopted Work Program Fiscal Years 2021/2022 through 2025/2026 as of July 1, 2021 ID Number corresponds to the table SUN Trail Network (As of 8/3/2021) FDOT District Boundaries Coast to Coast Trail Strategic Intermodal System Highway St. Johns River -to -Sea Loop County OCoast to Coast Trail Project Water • St. Johns River -to -Sea Loop Project • Individual Trail Project OMultiple Phases Funded For more information, please visit www.FloridaSunTraii.com JEr27]A, o��s� MINOL ORANGE Page 1 of 3 FDOTT Page 9 of 1533 Shared -Use Nonmotorized (SUN) Trail Program FDOT Florida Department of Transportation Systems Implementation Office At -A -Glance Adopted Work Program - Fiscal Years 2021/2022 through 2025/2026 as of July 1, 2021 ID # Tier FM # District County Trail Name Segment Cost Phase Year 1 IND 447392-1 3 Bay Mexico Beach Greenway and Trail SR 30/US 98 and CR 386A/15th St $185,000 FS 2022 2 IND 439928-1 3 Bay Lynn Haven Rails to Trails SR 75/US 231 to E 10th St $4,583,402 CON 2022 3 IND 437090-2 3 Franklin Carrabelle to Capital City to the Sea Trails SR 30/US 98 from Kenneth B Cope to east end of Ochlocknee River bridge $2,000,000 POE 2026 4 IND 439926-3 3 Wakulla Capital City to the Sea: Coastal Trail West SR 30/US 98 from S of Tower Rd to SR 61/US 319 $3,165 CON 2022 5 IND 440550-1 3 Wakulla Capital City to the Sea: Coastal Trail East SR 30/US 98 from W of SR 363/Woodville Hwy to Lighthouse Rd $3,521,275 CON 2024 6 IND 447065-1 2 Suwannee Suwannee River Greenway SR 20/US 27 from W of Ichetucknee River to SW Riverside Or $450,000 CON 2023 7 IND 439175-1 2 Alachua Newberry to Jonesville Trail SR 26 from Newberry to Jonesville $750,000 PE 2024 8 IND 433171-3 2 Bradford Palatka to Lake Butler State Trail CR 325 to CR 18 at Hampton Trailhead $898,467 CON 2022 9 IND 433171-5 2 Bradford Palatka to Lake Butler State Trail CR 18 from SR 100 to SE 36th Ave $3,387,517 CON 2022 10 IND 437337-2 2 Nassau East Coast Greenway: Amelia Island Pkwy Trail SR A1A/8th St to Bailey Rd $686,976 CON 2024 11 IND 433164-1 2 Duval East Coast Greenway: Timucuan Trail SR A1A/Heckscher Or from Huguenot Park to Fort George River bridge $5,073,371 CON 2026 12 SJR2C 447064-1 2 St. Johns East Coast Greenway: St. Johns County SR AIA from Flagler County to Fort Matanzas $2,200,000 PE 2022 13 SJR2C 439865-2 5 Volusia East Coast Greenway: South Daytona Palmetto Ave from Ridge Blvd to Beville Rd $1,986,175 CON 2025 14 SJR2C 439865-3 5 Volusia East Coast Greenway, Port Orange Spruce Creek Rd from S of Selin Cir to Herbert St $421,600 CON 2023 15 SJR2C 447963-1 5 Volusia East Coast Greenway: New Smyrna SR 44/Lytle Ave to US 1 $750,000 POE 2026 16 SJR2C 439864-1 5 Volusia East Coast Greenway: New Smyrna Myrtle Ave from 10th St to SR 44/Lytle Ave $526,997 ROW 2022 16 SJR2C 439864-1 5 Volusia East Coast Greenway: New Smyrna Myrtle Ave from 10th St to SR 44/Lytle Ave $1,972,117 CON 2024 17 SJR2C 439862-2 5 Volusia East Coast Greenway, Edgewater US 1 to Dale Ave $5,889,944 CON 2023 18 SJR2C 439039-6 5 Volusia Heart of Florida: Spring -to -Spring Phase 3C W Highbanks Rd to DeBary Plantation Blvd $1,173,000 CON 2024 19 C2C 437093-2 5 Brevard Space Coast Trail Merritt Island National Wildlife Refuge entrance to W of Kennedy Pkwy $500,000 ENV 2022 19 C2C 437093-2 5 Brevard Space Coast Trail Merritt Island National Wildlife Refuge entrance to W of Kennedy Pkwy $500,000 ENV 2023 20 C2C 436433-1 5 Orange Heart of Florida: Orange County Gap Segment 2 N Hiawassee Rd to N of SR 414 $7,004,514 CON 2026 21 C2C 437264-2 7 Hernando Good Neighbor Trail Gap W of SR 50/Cortez Blvd to Good Neighbor Trail $10,316,845 ROW, CON 2022 22 IND 440265-1 7 Pasco Orange Belt Trail Segment 1 E of Little Rd to SR 54 $3,877,366 CON 2025 23 IND 440093-3 7 Pinellas SW Gulf Coast: Pinellas Trail Phase 4 126th Ave N to Ulmerton Rd $293,627 PE 2022 23 IND 440093-3 7 Pinellas SW Gulf Coast: Pinellas Trail Phase 4 126th Ave N to Ulmerton Rd $2,180,830 CON 2024 C2C: Coast to Coast Trail • SJR2C: St. Johns River -to -Sea Loop • IND: Individual Trail Category FS: Feasibility Study • PDE: Project Development and Environmental Study • PE: Preliminary Engineering • ENV: Environmental / Mitigation • ROW: Right -of -Way • CON+CEI: Construction and Construction Engineering Inspections For more information, please visit www.FloridaSunTraii.com Page 2 of 3 Page 140 of 1533 12 Shared -Use Nonmotorized (SUN) Trail Program FDOT Florida Department of Transportation Systems Implementation Office At -A -Glance Adopted Work Program - Fiscal Years 2021/2022 through 2025/2026 as of July 1, 2021 ID # Tier FM # District County Trail Name Segment Cost Phase Year, 24 IND 443606-1 1 Polk Tenoroc Trail Segments 2 to 6 E of Lake Crago/Lake Parker Park to Braddock Rd $2,000,000 POE 2024 25 IND 440358-2 1 Polk Tenoroc Trail Segment Lake Crago Or to SR 33 at Old Combee Rd $1,259,579 CON 2024 26 IND 440603-1 1 Polk Fort Fraser Trail Extension SR 540/Winter Lake Rd to Glendale St $2,000,000 CON 2024 27 IND 440448-1 1 Sarasota SW Gulf Coast: Legacy Trail Overpasses SR 72/Clark Rd and SR 758/Bee Ridge Rd $7,312,674 CON 2023 28 IND 443603-1 1 Lee SW Gulf Coast: Kismet Pkwy Trail Del Prado Blvd to NE 24th Ave $414,625 PE 2022 29 IND 440236-2 1 Lee SW Gulf Coast: Kismet Pkwy Trail Nelson Rd to Del Prado Blvd $6,196,959 CON 2025 30 IND 447515-1 1 Lee SW Gulf Coast: John Yarborough Linear Park S of Colonial Blvd to Hanson St $5,563,814 CON 2026 31 IND 447514-1 1 Collier SW Gulf Coast: Livingston Rd - FPL Radio Rd/Rich King Memorial Greenway to Lee County $1,100,000 POE 2026 32 IND 443506-1 4 St. Lucie East Coast Greenway: Indian River Lagoon Scenic Hwy N SR A1A from Fort Pierce Inlet State Park to Indian River County $1,077,556 ENV, PE 2026 33 IND 440034-2 4 St. Lucie East Coast Greenway: Historic Highwayman Indian Hills Or to Georgia Ave $762,176 CON 2023 34 IND 440032-1 4 St. Lucie East Coast Greenway: FEC Overpass Savanna Rec Area to S of Savannah Rd $445,000 PE 2022 34 IND 440032-1 4 St. Lucie East Coast Greenway: FEC Overpass Savanna Rec Area to S of Savannah Rd $165,000 ENV 2023 34 IND 440032-1 4 St. Lucie East Coast Greenway: FEC Overpass Savanna Rec Area to S of Savannah Rd $60,000 CON 2024 34 IND 440032-1 4 St. Lucie East Coast Greenway: FEC Overpass Savanna Rec Area to S of Savannah Rd $2,738,340 CON 2025 35 IND 439999-3 4 St. Lucie East Coast Greenway: Savanna Preserve Gap Lennard Rd to Savannas Rec Area $135,000 ENV 2022 35 IND 439999-3 4 St. Lucie East Coast Greenway: Savanna Preserve Gap Lennard Rd to Savannas Rec Area $2,734,883 CON 2023 36 IND 439999-2 4 St. Lucie East Coast Greenway: Savanna Preserve Gap Walton Rd to Lennard Rd $6,582,637 CON 2023 37 IND 447399-1 4 St. Lucie East Coast Greenway: Port of Fort Pierce Overpass Dixie Hwy from 2nd St to Fisherman's Wharf $250,000 FS 2022 38 IND 447398-1 4 Martin East Coast Greenway: Sailfish Capital Dixie Hwy from SE Grafton Ave to NW Wright Blvd $645,000 FS 2026 39 IND 416660-4 6 Miami -Dade Ludlam Trail NW 7 St to SW 40 St $8,000,000 CON 2024 40 IND 439898-1 6 Miami -Dade Biscayne Trail Segment D Phase 2 SW 117 Ave to SW 137 Ave $1,254,731 CON 2024 41 IND 440909-2 6 Monroe East Coast Greenway: FL Keys Overseas Heritage SR 5/US 1 from Upper to Lower Sugarloaf Keys $10,000,000 CON 2025 STATEWIDE TOTAL: $121,830,162 Notes: The preliminary tentative work program encompasses the five years after the current work program year. Two weeks prior to the legislative session, the department submits it to the Florida Legislature, the Executive Office of the Governor (EOG), the Florida Transportation Commission (FTC) and the Department of Economic Opportunity (DEO). The tentative work program is submitted two weeks after the beginning of the legislative session to the Florida Legislature, the EOG, the FTC and the DEO. On July 1, the tentative work program becomes the adopted work program. The first year of this adopted work program becomes the current work program year. In the Individual Trail category, an allocation to one project phase is not a guarantee of commitment to allocations for future phases; The ID Number corresponds to the map; The FM Number provides corresponding work program information, see: www.fdot.gov/workprogram/aboutowp.shtm" Projects are subject to change and are subject to final authorization. C2C: Coast to Coast Trail • SJR2C: St. Johns River -to -Sea Loop • IND: Individual Trail Category FS: Feasibility Study • PDE: Project Development and Environmental Study • PE: Preliminary Engineering • ENV: Environmental / Mitigation • ROW: Right -of -Way • CON+CEI: Construction and Construction Engineering Inspections For more information, please visit www.FloridaSunTrail.com Page 3 of 3 Page 141 of 1533 VA 1 Gap Feasibility Design Completed/Under Construction --— Future Regional Trail !It I Indian River Lagoon INDRIORD I Scenic Hwy Feasibility Study FY 2021 F�D7 NA1A Bridge Replacement 45eWCDIE Construction FY 2022U CANN'- �,r N Dixie Highway Trail Conversion Port Overpass Design 2022 Feasibility Study FY 2022 EDGAR TOWN ORANGE AVE FT. PIERCE Historic Downtown - INDIAN HILLS Ft. Pierce „,G GOLF COURSE Partial Construction INDIAN HILLS REC AREA FY 2022 c+ o� O SAVANNAS N REC AREA y 7 € VV m Historic Highwayman Trail Gap MIDWAYRD ? Construction FY 2023 Lr Indian Hills s � Rec Area Complete 2021 I N F�. L F FEC Overpass 9Q Construction FY 2025 I9�� 3 WALTON RD _ Savannas Preserve State Park Gap p a Construction FY 2022 ° & FY 2023 0 1.5 3 6 e4a Acc opORiyT a\OPPARKSF¢V EmlCoos� F D O 9 12 Miles ST. LUCIE WORKS Page 143 of 1533 CONNECTING OUR COMMUNITIES TOGETHER WITH THE EAST COAST GREENWAY PROJECTSUN TRAIL PROJECTS IN ST. LUCIE COUNTY m INDIAN RIVER LAGOON SCENIC HWY $274,692 $1,110,479 PORT OVERPASS $250,000 HISTORIC DOWNTOWN FT. PIERCE $184,673 $2,412 $300,556 $1,956 $300,000 HISTORIC HIGHWAYMAN TRAIL GAP $71,093 $292 $100,000 $4,708 $762,176 INDIAN HILLS REC AREA $55,401 $524,127 FEC OVERPASS $102,203 $4,017 $450,000 $225,651 $64,750 $2,834,845 SAVANNAS PRESERVE STATE PARK GAP $119,001 $269,354 $989,258 $194,657 $5,993,855 $176,458 $9,466,204 ANNUAL TOTAL $532,371 $276,075 $1,913,941 $194,6S7 $6,275,211 $1,176,458 $10,454,031 $64,750 $2,834,845 $1,110,479 t (UTAL: $24,832j818 pl el qce OPORi ST p\OA PARKS�� EagCaael FDS;nT gff < <ORIO i NNg15 Gae�ay ST. LUCIE WORKS Page 144 of 1533 8.F.1. TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Jeffrey Dougherty, Director Facilities Department CONSENT AGENDA - FACILITIES DEPARTMENT DATE: 12/6/2022 *ACTION ITEM - CONTRACT QUASI-JUDICIAL ITEM? No Court Complex - Fan Coil Unit Replacements - Phase 2 The Courthouse Complex Building is 30 years old and utilizes fan coil units (FCU) as part of the HVAC system. The original 30 year old FCU's are not functioning properly and replacement parts are no longer manufactured. Eleven (11) of the thirteen (13) FCU's on the 2nd floor are being replaced as part of Phase 2 of a 3 Phase project. Through a US Communities contract, Trane has submitted proposals to replace eleven FCU's, including removal of existing units, supplying new units, installation and reconnection including associated insulation, duct modification, piping, electrical and controls work. ❑�l [�1�>;�e[�7 LEI ► A N/A FINANCIAL IMPACT: Sufficient funding is available in Court Facilities Maintenance Improvement 170-1930-546200-1907. RECOMMENDATION: Staff recommends Board approval to proceed with the Direct Purchase of the fan coil units via US Communities proposal number H6-54071-4 in the amount of $49,444.00 and approve replacement work by Trane via US Communities #40-125310-20-009 at a cost of $234,263.00, and authorize the Chair to sign the agreement as approved by the County Attorney. COMMISSION ACTION: RESULT: MOVER: Page 145 of 1533 SECONDER: AYES: NAYS: EXCUSED: Scott Beaulieu, Facilities Assistant Director Jeffrey Dougherty, Director None None None None Coordination/Signatures Jennifer Hill, Office of Management & Budget Director Daniel McIntyre, County Attorney Alphonso Jefferson, Deputy County Administrator Date: November 16, 2022 Date: November 17, 2022 Date: November 21, 2022 Date: November 22, 2022 Date: November 22, 2022 Page 146 of 1533 �/�� Proposal TRANS (Valid for 15 days from Proposal date) Prepared For. Date: November 3, 2022 St Lucie County Board of Commissioners Job Name: SLC - Courthouse 2nd Floor FCU Repl Delivery Terms: Freight Allowed & Prepaid FOB Factory Proposal Number. H6-54071-4 US Communities Quote Number. 40-125310-19-003 US Communities Contract Number. USC 15-JLP-023 Payment Terms: Net 30 Days Trane U.S. Inc. is pleased to provide the following proposal for your review and approval. Tag Data - Fan Coil Air Conditioning Units (Qty: 11 Item Tag(s) Qty Description Model Number Al FCCB06 1 Fan Coil Air Conditioners UniTrane FCCB0601 K A2 FCCB10 6 Fan Coil Air Conditioners UniTrane FCCB1001 K A3 FCCB12 4 Fan Coil Air Conditioners UniTrane FCCB1201 K Product Data - Fan Coil Air Conditioning Units All Units Fan Coil Horizontal concealed 115v/60hz/1 ph With piping, left hand connection F confirm all hand connections before ordering Back duct collar return Front duct collar supply High static fan motor 4 row cooling only Stainless Steel Drain pan Manual air vent Factory Special for Remote control/electrical panel with 8' whip With disconnect switch 1" MERV 8 filter (1 set) CS T-Stat Interface — terminal strip for field installed controls by Others Standard FLA ECM Condensate Overflow switch (Fld) Standard ball valve (supply) & Manual circuit setter return (Fld) 2-Way, Analog (2-10VDC) Control valve (Fld) 5-Year Parts Warranty 1-Year Labor Warranty Item: Al Qty: 1 Tag(s): FCCB06 Size 060 2 Way 2.4 Cv Item: A2 Qty: 6 Tag(s): FCCB10 Size 100 2 Way 3.4 Cv Item: A3 Qty: 4 Tag(s): FCCB12 Size 120 2 Way 3.4 Cv NOT INCLUDED: Factory Controller/controls, Piping specialties not included in factory piping package, Mounting hardware, External isolation, Electric heaters, Smoke Detectors, Installation, Factory Start-up labor, Anything not listed above. J:IJOBSI46340711DProposa/ - Supplied Equipment - SLC Courthouse 2nd Floor FCU Repl 10-8-20. doc Page 147 of 1533 SLC - Courthouse 2nd & 3rd Floor FCU Repl October 8, 2020 Total Net Price (Excluding Sales Tax) .................... Pricing based on extended Design Special lead time. Sincerely, Chris Cowling Trane U.S. Inc. 6965 Vista Parkway North, Suite 11 West Palm Beach, FL 33411 Office Phone: (561) 683-1521 COVID-19 NATIONAL EMERGENCY CLAUSE ......................................................... $ 49,444. The parties agree that they are entering into this Agreement while the nation is in the midst of a national emergency due to the Covid-19 pandemic ("Covid-19 Pandemic"). With the continued existence of Covid-19 Pandemic and the evolving guidelines and executive orders, it is difficult to determine the impact of the Covid-19 Pandemic on Trane's performance under this Agreement. Consequently, the parties agree as follows: 1. Each party shall use commercially reasonable efforts to perform its obligations under the Agreement and to meet the schedule and completion dates, subject to provisions below; 2. Each party will abide by any federal, state (U.S.), provincial (Canada) or local orders, directives, or advisories regarding the Covid-19 Pandemic with respect to its performance of its obligations under this Agreement and each shall have the sole discretion in determining the appropriate and responsible actions such party shall undertake to so abide or to safeguard its employees, subcontractors, agents and suppliers; 3. Each party shall use commercially reasonable efforts to keep the other party informed of pertinent updates or developments regarding its obligations as the Covid-19 Pandemic situation evolves; and 4. If Trane's performance is delayed or suspended as a result of the Covid-19 Pandemic, Trane shall be entitled to an equitable adjustment to the project schedule and/or the contract price. This proposal is subject to your acceptance of the attached Trane terms and conditions. FLD = Furnished by Trane U. S. Inc. / Installed by Equipment Proposal Others Page 2 of 2 Page 148 of 1533 TERMS AND CONDITIONS - COMMERCIAL EQUIPMENT "Company" shall mean Trane U.S. Inc.. 1. Acceptance. These terms and conditions are an integral part of Company's offer and form the basis of any agreement (the "Agreement") resulting from Company's proposal (the "Proposal") for the sale of the described commercial equipment and any ancillary services (the "Equipment"), COMPANY'S TERMS AND CONDITIONS AND EQUIPMENT PRICES ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT. The Proposal is subject to acceptance in writing by the party to whom this offer is made or an authorized agent ("Customer") delivered to Company within 30 days from the date of the Proposal. Prices in the Proposal are subject to change at any time upon notice to Customer. If Customer accepts the Proposal by placing an order, without the addition of any other terms and conditions of sale or any other modification, Customer's order shall be deemed acceptance of the Proposal subject to Company's terms and conditions. If Customer's order is expressly conditioned upon Company's acceptance or assent to terms and/or conditions other than those expressed herein, return of such order by Company with Company's terms and conditions attached or referenced serves as Company's notice of objection to Customer's terms and as Company's counteroffer to provide Equipment in accordance with the Proposal and the Company's terms and conditions. If GbiqlwmeF does met Feject or ohjeet� Ile Customer's acceptance of the Equipment will in any event constitute an acceptance by Customer of Company's terms and conditions. This Agreement is subject to credit approval by Company. Upon disapproval of credit, Company may delay or suspend performance or, at its option, renegotiate prices andlor terms and conditions with Customer. If Company and Customer are unable to agree on such revisions, this Agreement shall be cancelled without any liability. As amended and attached as Exhibit "A" 2. Connected Services. In addition to these terms and conditions, the Connected Services Terms of Service ("Connected ervices Terms"), available at https:llwww.trane.cornlTraneConnoctedServicesTerms, as updated from time to time, are incorporated herein by eference and shall apply to the extent that Company provides Customer with Connected Services, as defined in the Connected Services Terms. 3. Title and Risk of Loss. All Equipment sales with destinations to Canada orthe U.S. shall be made as follows: FOB Company's U.S. manufacturing facility or warehouse (full freight allowed). Title and risk of loss or damage to Equipment will pass to Customer upon tender of delivery of such to carrier at Company's U.S. manufacturing facility or warehouse. a. Pricing and Taxes., Within thirty (30) days following Customer acceptance of the Proposal without addition of any other terms and conditions of sale or any modification, Customer shall provide notification of release for immediate production at Company's factory. Prlees for Equipment of eorriplinnee, ei any othein event beyond Gormpnny'�� eantfel. if shipment me delayed due ila Gustemei:'s eatiena, Gempai:iy may also GhaF99 Gumemor with 6teFaete fees. If a release is not received within 6 months following order acceptance, Company reserves the right to cancel any order. Ge► gmmy In no event will prices be decreased. The price of Equipment does not include any present or future foreign, federal, state, or local property, license, privilege, sales, use, excise, value added, gross receipts or other like taxes or assessments. Such amounts will be itemized separately to Customer, who will make prompt payment to Company. Company will accept valid exemption documentation for such taxes and assessments from Customer, if applicable. All prices include packaging in accordance with Company's standard procedures. Charges for special packaging, crating or packing are the responsibility of Customer. S. Delivery and Delays. Delivery dates are approximate and not guaranteed. Company will use commercially reasonable efforts to deliver the Equipment on or before the estimated delivery date, will notify Customer if the estimated delivery dates cannot be honored, and will deliver the Equipment and services as soon as practicable thereafter. In no event will Company be liable for any damages or expenses caused by delays in delivery. 6. Performance. Company shall be obligated to furnish only the Equipment described in the Proposal and in submittal data (if such data is issued in connection with the order). Company may rely on the acceptance of the Proposal and submittal data as acceptance of the suitability of the Equipment for the particular project or location. Unless specifically stated in the Proposal, compliance with any local building codes or other laws or regulations relating to specifications or the location, use or operation of the Equipment is the sole responsibility of Customer. If Equipment is tendered that does not fully comply with the provisions of this Agreement and Equipment is rejected by Customer, Company will have the right to cure within a reasonable time after notice thereof by substituting a conforming tender whether or not the time for performance has passed. 7. Forco Majeure. Company's duty to perform under this Agreement and the Equipment prices are contingent upon the non-occurrence of an Event of Force Majeure. If the Company shall be unable to carry out any material obligation under this Agreement due to an Event of Force Majeure, this Agreement shall at Company's election (i) remain in effect but Company's obligations shall be suspended until the uncontrollable event terminates or (it) be terminated upon 10 days' notice to Customer, in which event Customer shall pay Company for all parts of the Work furnished to the date of termination. An "Event of Force Majeure" shall mean any cause or event beyond the control of Company. Without limiting the foregoing, "Event of Force Majeure" includes: acts of God; acts of terrorism, war or the public enemy; flood; earthquake; tornado; storm; fire; civil disobedience; pandemic insurrections; riots; laborllabour disputes; laborllabour or material shortages; sabotage; restraint by court order or public authority (whether valid or invalid); and action or non -action by or inability to obtain or keep in force the necessary governmental authorizations, permits, licenses, certificates or approvals if not caused by Company; and the requirements of any applicable government in any manner that diverts either the material or the finished product to the direct or indirect benefit of the government. 8. Limited Warranty. Company warrants the Equipment manufactured by Company for a period of the lesser of 12 months from initial start-up or 18 months from date of shipment, whichever is less, against failure due to defects in material and manufacture and that it has the capacities and ratings set forth in Company's catalogs and bulletins ("Warranty"). Equipment manufactured by Company that includes required start-up and sold in North America will not be warranted by Company unless Company performs the Equipment startup. Exclusions from this Warranty include damage or failure arising from: wear and tear; corrosion, erosion, deterioration; modifications made by others to the Equipment; repairs or alterations by a party other than. Company that adversely affects the stability or reliability of the Equipment; vandalism; neglect; accident; adverse weather or environmental conditions; abuse or improper use; improper installation; commissioning by a party other than Company; unusual physical or electrical or mechanical stress; operation with any accessory, equipment or part not specifically approved by Company; refrigerant not supplied by Company; and/or lack of proper maintenance as recommended by Company. Company shall not be obligated to pay for the cost of lost refrigerant or lost product. Company's obligations and liabilities under this Warranty are limited to furnishing replacement equipment or parts, at its option, FCA (Incoterms 2000) factory orwarehouse (f.o.b. factory orwarehouse for US domestic purposes) at Company -designated shipping point, freight -allowed to Company's warranty agent's stock location, for all non -conforming Company -manufactured Equipment (which have been returned by Customer to Company). Returns must have prior written approval by Company and are subject to restocking charge where applicable. Equipment, material and/or parts that are not manufactured by Company ("Third -Party Products)") are not warranted by Company and have such warranties as may be extended by the respective manufacturer. CUSTOMER UNDERSTANDS THAT COMPANY IS NOT THE MANUFACTURER OF ANY THIRD -PARTY PRODUCT(S) AND ANY WARRANTIES, CLAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS ARE THOSE OF THE THIRD - PARTY MANUFACTURER, NOT COMPANY AND CUSTOMER IS NOT RELYING ON ANY WARRANTIES, CLAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS REGARDING THE THIRD -PARTY PRODUCT THAT MAY BE PROVIDED BY COMPANY OR ITS AFFILIATES, WHETHER ORAL OR WRITTEN. COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.ADDITIONALLY, COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND REGARDING PREVENTING., ELIMINATING, REDUCING OR INHIBITING ANY MOLD, FUNGUS, BACTERIA, VIRUS, MICROBIAL GROWTH, OR ANY OTHER CONTAMINANTS (INCLUDING COVID-19 OR ANY SIMILAR VIRUS) (COLLECTIVELY, "CONTAMINANTS"), WHETHER INVOLVING OR IN CONNECTION WITH EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR OTHERWISE. IN NO EVENT SHALL COMPANY HAVE ANY LIABILITY FOR THE PREVENTION, ELIMINATION, REDUCTION © 2022 Trane Technologies All rights reserved Proposal - SLC Fairgrounds AC Equipment Repl 1-19-22.docx Page 149 of 1533 SLC - Fairgrounds AC Equipment Replacement January 19, 2022 OR INHIBITION OF THE GROWTH OR SPREAD OF SUCH CONTAMINANTS INVOLVING OR IN CONNECTION WITH ANY EQUIPMENT, THIRD -PARTY PRODUCT, OR ANY COMPONENT THEREOF, SERVICES OR OTHERWISE AND CUSTOMER HEREBY SPECIFICALLY ACKNOWLDGES AND AGREES THERETO. No warranty liability whatsoever shall attach to Company until Customer's complete order has been paid for in full and Company's liability under this Warranty shall be limited to the purchase price of the Equipment shown to be defective. Additional warranty protection is available on an extra -cost basis and must be in writing and agreed to by an authorized signatory of the Company. EXCEPT FOR COMPANY'S WARRANTY EXPRESSLY SET FORTH HEREIN, COMPANY DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS, ANY WARRANTIES, EXPRESS OR IMPLIED CONCERNING ITS PRODUCTS, EQUIPMENT OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF DESIGN, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, OR OTHERS THAT ARE ALLEGED TO ARISE FROM COURSE OF DEALING OR TRADE. 9. Indemnity. To the fullest extent permitted by law, Company and Customer shall indemnify, defend and hold harmless each other from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, resulting from death or bodily injury or damage to real or personal property, to the extent caused by the negligence or misconduct of their respective employees or other authorized agents in connection with their activities within the scope of this Agreement. Neither party shall indemnify the other against claims, damages, expenses or liabilities to the extent attributable to the acts or omissions of the other party. If the parties are both at fault, the obligation to indemnify shall be proportional to their relative fault. The duty to indemnify will continue in full force and effect, notwithstanding the expiration or early termination hereof, with respect to any claims based on facts or conditions that occurred prior to expiration or termination. 10. Insurance. Upon request, Company will furnish evidence of its standard insurance coverage. If Customer has requested to be named as an additional insured under Company's insurance policy, Company will do so but only subject to Company's manuscript additional insured endorsement under its primary Commercial General Liability policies. In no event does Company waive any rights of subrogation. 11. Customer Breach. Each of the following events or conditions shall constitute a breach by Customer and shall give Company the right, without an election of remedies, to terminate this Agreement, require payment prior to shipping, or suspend performance by delivery of written notice: (1) Any failure by Customer to pay amounts when due; (2) any general assignment by Customer for the benefit of its creditors, or if Customer becomes bankrupt or insolvent or takes the benefit of any statute for bankrupt or insolvent debtors, or makes or proposes to make any proposal or arrangement with creditors, or if any steps are taken for the winding up or other termination of Customer or the liquidation of its assets, or if a trustee, receiver, or similar person is appointed over any of the assets or interests of Customer; (3) Any representation or warranty furnished by Customer in connection with this Agreement is false or misleading in any material respect when made; or (4) Any failure by Customer to perform or comply with any material provision of this Agreement. Customer shall be liable to the Company for all Equipment furnished and all damages sustained by Company (including lost profit and overhead). 12. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT CONSEQUENTIAL, PUNITIVE, EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION REFRIGERANT LOSS, BUSINESS INTERRUPTION, LOST DATA, LOST REVENUE, LOST PROFITS),OR CONTAMINANTS LIABILITIES, EVEN IF A PARTY HAS BEEN ADVISED OF SUCH POSSIBLE DAMAGES OR IF SAME WERE REASONABLY FORESEEABLE AND REGARDLESS OF WHETHERTHE CAUSE OF ACTION IS FRAMED IN CONTRACT, NEGLIGENCE, ANY OTHERTORT, WARRANTY, STRICT LIABILITY, OR PRODUCT LIABILITY. In no event will Company's liability in connection with the provision of products or services or otherwise under this Agreement exceed the entire amount paid to Company by Customer under this Agreement. 13. CONTAMINANTS LIABILITY The transmission of COVID-19 may occur in a variety of ways and circumstances, many of the aspects of which are currently not known. HVAC systems, products, services and other offerings have not been tested for their effectiveness in reducing the spread of COVID-19, including through the air in closed environments. IN NO EVENT WILL COMPANY BE LIABLE UNDER THIS AGREEMENT OR OTHERWISE FOR ANY INDEMNIFICATION, ACTION, OR CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE, FOR ANY BODILY INJURY (INCLUDING DEATH), DAMAGE TO PROPERTY, OR ANY OTHER LIABILITIES, DAMAGES OR COSTS RELATED TO CONTAMINANTS (INCLUCING THE SPREAD, TRANSMISSION, MITIGATION, ELIMINATION, OR CONTAMINATION THEREOF) (COLLECTIVELY, "CONTAMINANTS LIABILITIES") AND CUSTOMER HEREBY EXPRESSLY RELEASES COMPANY FROM ANY SUCH CONTAMINANTS LIABILITIES. 14. Nuclear Liability. In the event that the Equipment sold hereunder is to be used in a nuclear facility, Customer will, prior to such use, arrange for insurance or governmental indemnity protecting Company against all liability and hereby releases and agrees to indemnify Company and its suppliers for any nuclear damage, including loss of use, in any manner arising out of a nuclear incident, whether alleged to be due, in whole or in part to the negligence or otherwise of Company or its suppliers. 16. Intellectual Property; Patent Indemnity. Company retains all ownership, license and other rights to all patents, trademarks, copyrights, trade secrets and other intellectual property rights related to the Equipment, and, except forthe right to use the Equipment sold, Customer obtains no rights to use any such intellectual property. Company agrees to defend any suit or proceeding brought against Customer so far as such suit or proceeding is solely based upon a claim that the use of the Equipment provided by Company constitutes infringement of any patent of the United States of America, provided Company is promptly notified in writing and given authority, information and assistance for defense of same. Company will, at its option, procure for Customer the right to continue to use said Equipment, or modify it so that it becomes non -infringing, or replace same with non - infringing Equipment, or to remove said Equipment and to refund the purchase price. The foregoing will not be construed to include any Agreement by Company to accept any liability whatsoever in respect to patents for inventions including more than the Equipment furnished hereunder, or in respect of patents for methods and processes to be carried out with the aid of said Equipment. The provision of Equipment by Company does not convey any license, by implication, estoppel, or otherwise, under patent claims covering combinations of said Equipment with other devices or elements. The foregoing states the entire liability of Company with regard to patent infringement. Notwithstanding the provisions of this paragraph, Customer will hold Company harmless against any expense or loss resulting from infringement of patents or trademarks arising from compliance with Customer's designs or specifications or instructions, Is. Ganeellatlem Equipment 06 speGially manwfaetumd In Fespqn6e to orders- AA order plaGod with and aGGOPtOd by COMP2AY r214"G1 be dQ! 17, Invoicing and Payment. Unless otherwise agreed to in writing by Company, equipment shall be invoiced to Customer upon tender of delivery thereof to the carrier. Customer shall pay Company's invoices within net 30 days of shipment date. Company reserves the right to add to any account outstanding for more than 30 days a service charge equal to the lesser of the maximum allowable legal interest rate or 1.5% of the principal amount due at the end of each month. If requested, Company will provide appropriate lien waivers upon receipt of payment. Company may at any time decline to ship, make delivery or perform work except upon receipt of cash payment, letter of credit, or security, or upon other terms and conditions satisfactory to Company. 6tistonier agrees thett, tjmles� 6tiateffier makes Payffiel9t In advanee, Gampamy will have R Pufflhese FmeMey SeellFity intefest M mll te seewe payfigent in full of till angetimts due GOMPSny and ItS efflef fOF the Equipmei9t, legelher with these terrrm /129 Equipment Proposal Page 4 of 6 Page 150 of 1533 SLC - Fairgrounds AC Equipment Replacement January 19, 2022 Ganada). Customer shall keep the Equipment free of all taxes and encumbrances, shall not remove the Equipment from its original installation point and shall not assign or transfer any interest in the Equipment until all payments due Company have been made. 16. Claims. Company will consider claims for concealed shortages in shipments or rejections due to failure to conform to an order only if such claims or rejections are made in writing within 15 days of delivery and are accompanied by the packing list and, if applicable, the reasons in detail why the Equipment does not conform to Customer's order, Upon receiving authorization and shipping instructions from authorized personnel of Company, Customer may return rejected Equipment, transportation charges prepaid, for replacement. Company may charge Customer any costs resulting from the testing, handling, and disposition of any Equipment returned by Customer which are not found by Company to be nonconforming. All Equipment damaged during shipment and all claims relating thereto must be made with the freight carrier in accordance with such carrier's policies and procedures. Claims for Equipment damaged during shipment are not covered under the warranty provision stated herein. 19. Export Laws. The obligation of Company to supply Equipment under this Agreement is subject to the ability of Company to supply such items consistent with applicable laws and regulations of the United States and other governments. Company reserves the right to refuse to enter into or perform any order, and to cancel any order, under this Agreement if Company in its sole discretion determines that performance of the transaction to which such order relates would violate any such applicable law or regulation. Customer will pay all handling and other similar costs from Company's factories including the costs of freight, insurance, export clearances, import duties and taxes. Customer will be "exporter of record" with respect to any export from the United States of America and will perform all compliance and logistics functions in connection therewith and will also comply with all applicable laws, rules and regulations. Customer understands that Company and/or the Equipment are subject to laws and regulations of the United States of America which may require licensing or authorization for and/or prohibit export, re-export or diversion of Company's Equipment to certain countries, and agrees it will not knowingly assist or participate in any such diversion or other violation of applicable United States of America laws and regulations. FAquipment d 20. General. Except as provided below, to the maxiextent provided by law, this Agreement is made and shall be interpreted and enforced in accordance with the laws of the state of New-Vefk shipped to a U.S. location and the laws of the province to which Equipment is shipped within Canada, without regard to its conflict of law principles that might otherwise call for the application of a different state's or province's law, and not including the United Nations Convention on Contracts for the International Sale of Goods. Any action or suit arising out of or related to this Agreement must be commenced within one year after the cause of action has accrued. To the extent the Equipment is being used at a site owned and/or operated by any agency of the Federal Government, determination of any substantive issue of law shall be according to the Federal common law of Government contracts as enunciated and applied by Federal judicial bodies and boards of contract appeals of the Federal Government. This Agreement contains all of the agreements, representations and understandings of the parties and supersedes all previous understandings, commitments or agreements, oral or written, related to the subject matter hereof. This Agreement may not be amended, modified or terminated except by a writing signed by the parties hereto, No documents shall be incorporated herein by reference except to the extent Company is a signatory thereon. If any term or condition of this Agreement is invalid, illegal or incapable of being enforced by any rule of law, all other terms and conditions of this Agreement will nevertheless remain in full force and effect as long as the economic or legal substance of the transaction contemplated hereby is not affected in a manner adverse to any party hereto. Customer may not assign, transfer, or convey this Agreement, or any part hereof, or its right, title or interest herein, without the written consent of the Company. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of Customers permitted successors and assigns. This Agreement may be executed in several counterparts, each of which when executed shall be deemed to bean original, but all together shall constitute but one and the same Agreement. A fully executed facsimile copy hereof or the several counterparts shall suffice as an original. 21. Equal Employment Opportunity/Affirmative Action Clause. Company is a federal contractor that complies fully with Executive Order 11246, as amended, and the applicable regulations contained in 41 C.F.R. Parts 60-1 through 60-60, 29 U.S.C. Section 793 and the applicable regulations contained in 41 C.F.R. Part 60-741; and 38 U.S.C. Section 4212 and the applicable regulations contained in 41 C.F.R. Part 60-250 Executive Order 13496 and Section 29 CFR 471, appendix A to subpart A. regarding the notice of employee rights in the United States and with Canadian Charter of Rights and Freedoms Schedule B to the Canada Act 1982 (U.K.) 1982, c. 11 and applicable Provincial Human Rights Codes and employment law in Canada. 22. U.S. Government Work. The following provision applies only to direct sales by Company to the US Government. The Parties acknowledge that Equipment ordered and delivered under this Agreement are Commercial Items as defined under Part 12 of the Federal Acquisition Regulation (FAR). In particular, Company agrees to be bound only by those Federal contracting clauses that apply to "commercial" suppliers and that are contained in FAR 52.212- 5(e)(1). The following provision applies only to indirect sales by Company to the US Government. As a Commercial Item Subcontractor, Company accepts only the following mandatory flow down provisions: 52.219-8; 52.222-26; 52.222-35; 52.222-36; 52.222-39; 52.247-64. If the sale of the Equipment is in connection with a U.S. Government contract, Customer certifies that it has provided and will provide current, accurate, and complete information, representations and certifications to all government officials, including but not limited to the contracting officer and officials of the Small Business Administration, on all matters related to the prime contract, including but not limited to all aspects of its ownership, eligibility, and performance. Anything herein notwithstanding. Company will have no obligations to Customer unless and until Customer provides Company with a true, correct and complete executed copy of the prime contract. Upon request, Customer will provide copies to Company of all requested written communications with any government official related to the prime contract prior to or concurrent with the execution thereof, including but not limited to any communications related to Customers ownership, eligibility or performance of the prime contract. Customer will obtain written authorization and approval from Company prior to providing any government official any information about Company's performance of the work that is the subject of the Proposal or this Agreement, other than the Proposal or this Agreement. 23. Limited Waiver of Sovereign Immunity. If Customer is an Indian tribe (in the U.S.) or a First Nation or Band Council (in Canada), Customer, whether acting in Its capacity as a government, governmental entity, a duly organized corporate entity or otherwise, for itself and for its agents, successors, and assigns: (1) hereby provides this limited waiver of its sovereign immunity as to any damages, claims, lawsuit, or cause of action (herein "Action") brought against Customer by Company and arising or alleged to arise out of the furnishing by Company of any product or service under this Agreement, whether such Action is based in contract, tort, strict liability, civil liability or any other legal theory; (2) agrees that jurisdiction and venue for any such Action shall be proper and valid (a) if Customer is in the U.S., in any state or United States court located in the state in which Company is performing this Agreement or (b) if Customer is in Canada, in the superior court of the province or territory in which the work was performed; (3) expressly consents to such Action, and waives any objection to jurisdiction or venue; (4) waives any requirement of exhaustion of tribal court or administrative remedies for any Action arising out of or related to this Agreement; and (5) expressly acknowledges and agrees that Company is not subject to the jurisdiction of Customer's tribal court or any similar tribal forum, that Customer will not bring any action against Company in tribal court, and that Customer will not avail itself of any ruling or direction of the tribal court permitting or directing it to suspend its payment or other obligations under this Agreement. The individual signing on behalf of Customer warrants and represents that such individual is duly authorized to provide this waiver and enter into this Agreement and that this Agreement constitutes the valid and legally binding obligation of Customer, enforceable in accordance with its terms. Equipment Proposal Page 5 v Page 151 of 1533 Addendum Terms and Conditions — Commercial Equipment Addendum Controlling: if there is a conflict between the terms and conditions of the Commercial Installation to which this Addendum is attached and this Addendum, this Addendum controls. Termination: Either party may terminate the Agreement without cause at any time upon thirty (30) calendar days prior written notice to the other party. Scrutinized Companies Termination: The County may immediately terminate the Contract without cause at any time upon ascertaining that pursuant to § 287.135, Florida Statutes, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local government entity for goods or services if at the time of bidding or submitting a proposal for a new contract or renewal of an existing contract, or at any time thereafter, the company: (1) is on the Scrutinized Companies that Boycott Israel List, created pursuant to § 215.4725, Florida Statutes, or is engaged in a boycott of Israel; (2) is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to § 215.473, Florida Statutes; or (3) is engaged in business operations in Cuba or Syria. Furthermore, the County may immediately terminate the Contract if it is determined that the company submitted a false certification stating that it was not (1) on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel; (2) was not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; (3) or was not engaged in business operations in Cuba or Syria when in fact the company was engaged in such activities at the time of the bid or proposal, or at the time of entering into or renewing the Contract. Public Records: The Company shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by The Company in conjunction with this Contract. Specifically, The Company shall: (a) Keep and maintain public records required by the County to perform the service. (b) Upon request from the County's custodian of public records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Section 119 Florida Statutes or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if The Company does not transfer the records to the County. (d) Upon completion of the Contract, transfer, at no cost, to the County all public records in possession of The Company or keep and maintain public records required by the County to perform the service. If The Company transfers all public records to the County upon completion of the Contract, The Company shall destroy any duplicate public records that are exempt or r. Page 152 of 1533 confidential and exempt from public record disclosure requirements. If The Company keeps and maintains public records upon completion of the Contract, The Company shall meet all applicable requirements for retaining public records. All record stored electronically must be provided to the County, upon request from the County's custodian of public records, in a format that is compatible with the information technology system of the County. IF THE COMPANY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE COMPANY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (772)462-1441, BellamyS@stlucieco.org, COUNTY ATTORNEY'S OFFICE 2300 VIRGINIA AVENUE, FORT PIERCE, FL 34982 INTERPRETATION; VENUE: This Contract 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 Contract may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Contract 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 Contract, venue shall be exclusively in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. E-VERIFY/ VERIFICATION OF EMPLOYMENT STATUS Effective January 1, 2021, As required by Section 448.095(2)(a), The Company and subcontractor shall register with and use the E-Verify System to verify the work authorization status of all newly hired employees. The County, Contractor, or subcontractor may not enter into a Contract unless each party to the Contract registers with and uses the E-Verify System. The Company shall provide documentation of their compliance of this requirement to the County upon request. If The Company enters into a contract with a subcontractor, the subcontractor must provide The Company with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an authorized alien. The Company shall maintain a copy of such affidavit for the duration of this Contract. The County will not intentionally award contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions of the Immigration and Nationality Act ("INA"). The County shall considerthe employment by The Company of unauthorized aliens a violation of 8 U.S.C. Section 1324a(e) [Section 274A(e) of the INA]. The Company agrees that such violation by The Company shall be grounds for the unilateral cancellation of this Contract by the County. TRANS: BY: /Pile TITLE: Area General Manager _ _ Page 153 of 1533 EXHIBIT "A" Connected Services Terms of Use These Connected Services Terms of Service apply to provision or performance of Connected Services by Trane (herein "Company") to the user, beneficiary, and/or owner (herein "Customer"). 1. Access Grant to Company. Customer hereby grants to Company the right to access, monitor, control and use Customer's equipment, products, controls, systems, and system elements, including, but not limited to, building automation systems ("BAS"), HVAC equipment, meters, and loggers (each a "Connected System") and Customer's network, network infrastructure, telephone line, modem, and other communication equipment ("Communication Systems" and, together with Connected Systems, "Systems") to perform any of the following services (collectively, the "Connected Services"): (i) view, collect, extract, transmit, process, and use data relating to the performance and condition of Connected Systems ("System Data") and Customer's account information (together, "Customer Data"); (ii) diagnose, operate, modify, repair, and service Connected Systems, as requested by Customer; (iii) deliver services to Customer, including, without limitation, services (pursuant to a subscription agreement) through a web -based application hosted by Company, such as, but not limited to, Trane intelligent services, Tracer TM Synchrony, Tracer'" Ensemble, Energy Assessment, Active Monitoring, Building Performance, and Energy Performance (each and collectively referred to as "Hosted Services"); (iv) perform statistical or other analyses for its own purposes or on behalf of Customer, including, without limitation, analyses, histories, and trends based on metrics relating to engineering, failure, warranty, energy, predictive, service, and product usage; (v) install patches, bug fixes, updates, and other modifications ("Updates"); (vi) back up and/or restore Customer Data; (vii) investigate Security Incidents (as defined in the "Security Breach Notice" section below); (viii) verify compliance with these terms and any other terms applicable to the Connected Services, and (ix) perform other functions reasonably required to provide the contracted services and comply with applicable laws and regulations. Company's obligation to perform any Connected Services will depend upon products and services purchased from Company. 2. Systems. If Customer has purchased any Connected Services, Customer shall ensure that the Systems are made available, maintained, installed, and configured for the Connected Services and that Customer Data is available for collection. Company may provide Customer with recommended System elements, configurations, installations, and security measures. Customer acknowledges that the Connected Services do not include support of Customer's computer hardware, internet browsers, or Communication Systems. Company shall have no liability for (i) losses or the inability to perform due to malfunctioning or unavailable Systems; (ii) Customer's failure to comply with Company recommendations in writing; (iii) the failure to identify performance issues with the Systems or recommend corrective action to Customer; or (iv) any adverse impact to the Systems. Where Customer becomes aware in the ordinary course that Customer Data is not being collected, Customer is responsible for requesting support through the local Company office. 3. Users. Customer may be required to designate User(s) for purposes of accessing certain Connected Services. Customer shall use commercially reasonable efforts to ensure Users maintain the confidentiality of access credentials. Customer is solely responsible for User actions with regard to access to or use of the Connected Services, including from devices and workstations that interface with Connected Services. Customer shall designate a System Administrator to manage Users' access, including adding and subtracting Users. The System Administrator shall ensure that multiple Users do not share XeU6 Page 154 of 1533 access credentials. Company has the right to terminate or suspend access to the Connected Services at any time if Company believes in good faith that such termination or suspension is necessary to preserve the security, integrity, or accessibility of the Connected Services, Confidential Information, or Company's network. 4. Availability. Customer acknowledges that the availability, use, and reliability of the Connected Services, in whole or in part, depends on Communication Systems and third -party product vendors and service providers, including, without limitation, Customer's internet service and telecommunications provider(s) ("Third -Party Vendors"). Customer also acknowledges that Company has no control over the reliability of Third -Party Vendors. Customer acknowledges and agrees that Company shall not be held liable whatsoever for losses or Service, delivery, or performance failures attributable in whole or in part to Third -Party Vendors' outages or system failures. 5. Customer Data. All Customer Data shall be owned by Customer. Customer hereby grants to Company an irrevocable, perpetual, nonexclusive, worldwide, royalty -free, sublicenseable, and transferable right to process, reproduce, modify, display, distribute, prepare derivative works, and otherwise use Customer Data to perform the Connected Services and for MarkletiRg PWPOSeS subject to the limitations applicable to Confidential Information. Customer warrants to Company that its provision of Customer Data will not infringe upon the intellectual property rights or other legal rights of any person and will not breach any applicable law or regulation. Company shall not publicly disclose such data in any way that identifies Customer as the source of the Customer Data without Customer's prior written consent. Upon Customer's written request, Company will endeavor to provide Customer with a copy of Customer Data to the extent then available. Customer acknowledges and accepts that Company does not guarantee the availability of Customer Data. 6. Disaster Recovery. In the event Company experiences a problem with the Connected Services that results in or is expected to result in a loss of service in excess of five working days, Company may transfer the Connected Services to an alternative hosting environment. In such event, Customer acknowledges the following: (i) data imported after the most recent database backup may be lost; (ii) Company may use a different IP address to provide the Connected Services; (iii) Customer may be required to access the Connected Services via a different IP address and/or domain name; and (iv) data collection may not be available. 7. Privacy. In providing the Connected Services, Company will comply with the Trane Technologies Data Protection and Privacy Policy, available at https://www.tranetechnologies.com/en/indexlprivacy policy.html and incorporated herein by reference ("Privacy Policy"). The Privacy Policy is subject to change at Company's discretion, provided that such changes will not result in a material reduction in the level of protection for Customer Data during the period for which Connected Services fees have been paid. 8. Confidential Information. The Parties agree to take, at a minimum, commercially reasonable security precautions to protect Confidential Information as defined as Trade Secrets in Section 812.081 Florida Statutes, at all times, both during the term hereof and for a period of at least 3 years after the Confidential Information was furnished; provided, however, that any proprietary and trade secret information that is marked as such shall be held in confidence in perpetuity. Customer shall not permit any third party to access the Connected Services or physical hardware deployed at Customer's facilities to enable operation of the Connected Services except as expressly permitted in a written agreement between the parties. Customer acknowledges that, due to the nature of communication via the internet, Company cannot guarantee the security of Confidential Information or electronic communications passing A2 IF Page 155 of 1533 over the internet. Customer therefore acknowledges that by using the Connected Services, Customer accepts all risks associated with access to and storage of Customer Data, unless due to the negligence or wrongdoing of Company. 9. Security. Company has implemented various security measures for the purpose of protecting User's data against accidental or unlawful access, unauthorized disclosure, loss, destruction, and alteration. Customer and Users are responsible for maintaining the confidentiality of User name(s) and password(s). Customer and Users are responsible for all uses of password(s), whether or not authorized by Customer or Users. Customer must inform Company immediately of any unauthorized use of User name(s) or password(s). Transmission of data over the Internet by its nature entails the use of systems under the control of third parties, and as a result Company cannot ensure total control of the security of such systems. Company will take commercially reasonable efforts to ensure that data and other configuration parameters are not visible or accessed by other customers. Customer and Users acknowledge that the very nature of communication via the Internet restricts Company from offering any guarantee of the privacy or confidentiality of information relating passing over the Internet. In gaining access via the Internet, Customer and Users also acknowledge and accept that electronic communication may not be free from interference by unauthorized persons and may not remain confidential and accept that access and storage of data is at Customer's and Users' own risk. Customer shall immediately notify Company in writing of any actual or suspected unauthorized use of any Customer account or disclosure of Confidential Information ("Security Incident"). Customer shall cooperate with reasonable Company requests to investigate Security Incidents, regain possession of Confidential Information, and prevent further Security Incidents. 10. Maintenance Services. Depending on the type of Connected Service, Company may, but is not obligated to, automatically install Updates without providing additional notice or obtaining additional consent from Customer. Company may also provide Updates to Customer to install on its Connected Systems. Customer acknowledges that Updates may result in the Connected Services being unavailable from time to time. Company shall have no liability for any losses resulting from Customer's failure to install or to permit Company to install an Update or from the periodic unavailability of the Connected Services due to Updates. 11. Third -Party Products. The Connected Services may provide links to third -party websites and enable Customer to access content, products, and services of third parties ("Third -Party Products"). Customer acknowledges that Third -Party Products are not under Company's control, and Company does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third -Party Products. COMPANY HEREBY DISCLAIMS AND CUSTOMER HEREBY DISCHARGES, WAIVES AND RELEASES COMPANY AND ITS LICENSORS AND SUPPLIERS FROM ANY PAST, PRESENT, AND FUTURE CLAIMS, LIABILITIES, AND DAMAGES, KNOWN OR UNKNOWN, ARISING OUT OF OR RELATING TO CUSTOMER INTERACTIONS WITH THIRD -PARTY PRODUCTS. CUSTOMER HEREBY WAIVES CALIFORNIA CIVIL CODE SECTION 15421N CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." CUSTOMER HEREBY WAIVES ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION. 12. Company Liability. Customer agrees that Company, its affiliates and their respective directors, officers, employees and agents, and its licensors and suppliers shall not be liable for any damages, liabilities, claims or demands (including costs and attorneys' fees) made by any third party due to or arising 129 Page 156 of 1533 out of Customer's and each User's (i) use of the Connected Services and any associated deliverables; (ii) violation of the terms applicable to Connected Services; (iii) Company's possession or use of data, information or articles supplied by Customerto Company; and (iv) violation of any law orthe rights of any third party, including, but not limited to, the infringement of intellectual property rights resulting from the use or possession by Company of Customer Data. Notwithstanding the foregoing, Customer shall not be liable for the negligent acts or omissions of Company. Company Feserves the Fight to assurne, at _615tewer is req6lived to Gustemer agrees not to settle aRy 6ueh elaim withaut Company's pro -or v44te-H eensent. Company will use reasonable efforts to notify Customer of any such claim, action or proceeding upon becoming aware of it. 13. NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS LICENSORS AND SUPPLIERS PROVIDE THE CONNECTED SERVICES "AS IS" AND DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON —INFRINGEMENT OF THIRD - PARTY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM COMPANY OR THOUGH THE CONNECTED SERVICES SHALL CREATE ANY WARRANTY. COMPANY AND ITS LICENSORS AND SUPPLIERS DO NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE CONNECTED SERVICES, OR AS TO THE TIMELINESS, EFFICACY, OPERABILITY, COMPLETENESS, ACCURACY, RELIABILITY OR CONTENT OF THE CONNECTED SERVICES, OR OF ANY DESIGN, FUNCTION, PROCESS, INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH OR BY THE CONNECTED SERVICES. 14. Customer acknowledges that complex software applications are never entirely free from defects, errors, bugs, or vulnerabilities, and that the use of a remote connection is never entirely secure or free from interruption. NOTWITHSTANDING ANYTHING TO THE CONTRARY, COMPANY AND ITS LICENSORS AND SUPPLIERS DO NOT WARRANT THAT THE CONNECTED SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT COMPANY WILL CORRECT ALL ERRORS. 15. NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (A) IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS) ARISING FROM OR RELATING TO THE CONNECTED SERVICES, EVEN IF COMPANY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) COMPANY'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE CONNECTED SERVICES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED THE FEES ACTUALLY PAID BY CUSTOMER TO COMPANY FOR THE PORTION OF THE CONNECTED SERVICES AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. 16. Definitions. The following definitions apply to these Connected Services Terms; 16.1. "Company" shall mean Trane Canada ULC for a sale in Canada and Trane U.S, Inc. for a sale in the United States. Page 157 of 1533 16.2. "Confidential information" is defined as Trade Secrets in Section 812.081 Florida Statutes , forecasts,e, algGFuthrAS, WOW hOW, fGFMHIa5, PFOGesses, ideas, inventions (whetheF patentable er not) the FAStaHG--,,- Of di-SGI.,.-„ e ; nfidential to the diSGIG5iRg Pa Ft , Confidential Information excludes information that: (i) was or becomes publicly known through no fault of the receiving party; (ii) was rightfully known or becomes rightfully known to the receiving party without confidential or proprietary restriction from a source other than the disclosing party; (iii) is independently developed by the receiving party without the participation of individuals who have had access to the Confidential Information; (iv) is approved by the disclosing party for disclosure without restriction in a written document which is signed by a duly authorized officer of such disclosing party; or that (v) the receiving party is legally compelled to disclose; provided, however, that prior to any such eempelled required disclosure, the receiving party will (a) assert the privileged and confidential nature of tyre Confidential Information that is marked by Company as Confidential against the third party seeking disclosure and (b) cooperate fully with the disclosing party in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure and/or use of the Confidential Information which is marked by Company as Confidential. In the event that such protection against disclosure is not obtained, the receiving Party will be entitled to disclose the Confidential Information, but only as, and to the extent, necessary to legally comply with such compelled disclosure. 16.3. "laser" means an individual who has been authorized by Customer to use, and who has been supplied user identification and a password to access, the Connected Services by Customer (or by Company at Customer's request). Users may include but are not limited to Customer's employees, consultants, contractors and agents; or third parties with which the Customer transacts business. 129 Page 158 of 1533 TRANEE Fernando Laaomasino . Area 2884 Corporate Way • Miramar FL 33025 • Tel 954 499 6900 • Fax 954 499 6901 Prepared For: Mr. Bob Ettswold A/C Maintenance Superintendent St Lucie County 3158 Will Fee Road Fort Pierce, FL 34982 Job Name: 2nd Floor Fan Coil Unit Replacement Proiect Location: St Lucie County Courthouse 218 South 2nd Street Fort Pierce, FL 34950 Revised: November 4, 2022 Proposal Number: 2942369 US Communities Number: 40-125310-20-009 Trane is pleased to offer this proposal to replace eleven (11) existing Fan Coil Units (FCUs) with new Customer Supplied Fan Coil Units (FCUs) with the following scope of work at the location listed above. This proposal includes the removal of the existing FCUs per the scope of work listed below. Project Scope of Work: Field Verification • Field verification and review of engineered drawings prior to commencement of any work. Project Scope of Work: • Remove the existing ceiling grid as needed to remove each FCU for replacement. • Shut down and isolate the eleven (11) existing FCUs and drain. • Disconnect the existing ductwork from the existing FCUs. • Disconnect the existing chilled water piping and electrical wiring. • Disconnect existing BAS controllers for reuse • Remove the units from the site and dispose. • Install eleven (11) customer supplied FCUs in the areas as the removed. • Furnish and install new return water isolation valves for each new FCU (11 total, the supply isolation valves will come with piping package on the equipment and be installed with the new FCU). • Modify the existing ductwork to reconnect to the new FCUs. • Modify the existing chilled water piping and electrical wiring to connect the FCUs. • Reconnect to the existing condensate piping for each system. • Reconnect existing controllers to new units and tie into system. Existing points (below) to remain o Fan start/ stop o Valve control o Electric heater control o Space thermostat • Furnish and install eleven (11) new Auxiliary drain pans and wet switches for the new FCUs. • Furnish and install new equipment tags, to be installed on the ceiling grid with black background with white lettering. • One year parts and labor warranty on installation. (see equipment budget pricing for warranty on chiller). Page 159 of 1533 TAWE" Building Services General Conditions: • The Customer will provide a_secure staging area at the job site for use by Trane to receive and store materials. • Trane will also require uninhibited access to the surrounding area for the entirety of the job during normal working hours as well as after hours if required. • Commencement date to start upon engineers approval. • It is assumed that all existing mechanical attachments and control devices to be reused are in good operating condition. If it is found that any of these items is not usable, the customer will be responsible for the cost of upgrade or replacement via a change order to the base contract. • It is assumed that all equipment and parts referenced in this proposal or attached to this proposal will be approved by the engineer of record. If it is found that any of these parts or equipment is not approved, or the engineered design drawings differ from existing site conditions or scope of work listed above the customer will be responsible for the upgrade/improvements via a change order to the base contract. • Work performed by Trane or its subcontractors will comply with all applicable Federal, State and Local codes and standards. • This proposal is subject to acceptance of the attached Trane Standard Contract Terms and Conditions. Exclusions on the Scope of Work: • Permits fees will be charged to the customer via a change order if required. • Modification of existing AHU serving FCUs. • Bond. • Life safety devices or controls of any kind. • Temporary cooling equipment of any kind. • Furnishing of the above mentioned equipment. • Replacement of the existing duct heaters. • Pipe freezing for any kind. • Relocation of fire sprinkler piping if required. • Painting, other than touchup of equipment. • Asbestos identification or abatement. • Upgrades or repairs to existing mechanical equipment, piping, or controls other than above. • Electrical upgrades including but not limited to wiring, circuit breakers, and/or disconnects. • Wall penetrations, repairs, and/or sealing other than mentioned above. • Test and Balance of the equipment or any associated parts thereof. • Work incurred due to any existing code violations. • Any work not listed above. Additional Items Included: • Reconnect to the existing building control system. • Overtime labor as required. • All crane and rigging, as required. • First year warranty on installation. • All applicable taxes and insurance. • All welding by certified welders. • Project Management, subcontractor and material coordination. specified 2884 Corporate Way Miramar, FL 33025 Phone: (954) 499-6900 Trane Turnkey Solution ©2022 Trane All rights reserved Page 2 of 6 SLC Courthouse FCU Replaoerr�Prffaf " 533 TAAll/B' Building Services Standard Payment Terms • Progress billing per month based on % project completion. • Trane may invoice the customer for all equipment or material furnished, whether delivered to the installation site or to an off -site storage facility and for all Work performed on -site or off -site. Pricing: Your price for the straight time installation scope of work is_ $234,263.00 Please see the Trane Terms and Conditions, as they will form part of this budget proposal. If you have any questions concerning this budget proposal, please do not hesitate to contact me. We thank you for this opportunity to be of service. Respectfully, 13 V'A-& R wz9 c," err f (4x/<r fai,/ Brad Ruzycki Jerry Shugart Account Manager, Account Manager, Trane Commercial Systems Trane Commercial Systems This agreement will be subject to Trane's Terms and Conditions. Proposal Date: November 4, 2022 Submitted By: Brad Ruzycki Customer Acceptance Trane Authorized Representative Title Acceptance Date Authorized Representative Title Signature Date TERMS AND CONDITIONS — COMMERCIAL INSTALLATION "Company" shall mean Trane U.S. Inc.. 1. Acceptance; Agreement. These terms and conditions are an integral part of Company's offer and form the basis of any agreement (the "Agreement") resulting from Company's proposal (the "Proposal") for the commercial goods and/or services described (the "Work"). COMPANY'S TERMS AND CONDITIONS AND EQUIPMENT PRICES ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT. The Proposal is subject to acceptance in writing by the party to whom this offer is made or an authorized agent ("Customer') delivered to Company within 30 days from the date of the Proposal. Prices in the Proposal are subject to change at any time upon notice to Customer. If Customer accepts the Proposal by placing an order, without the addition of any other terms and conditions of sale or any other modification, Customer's order shall be deemed acceptance of the Proposal subject to Company's terms and conditions. If Customer's order is expressly conditioned upon Company's acceptance or assent to terms and/or conditions other than those expressed herein, return of such order by Company with Company's terms and conditions attached or referenced serves as Company's notice of objection to Customer's terms and as Company's counteroffer to provide Work in accordance with the Proposal and the Company terms and conditions. If Customer does not reject or object in writing to Company within 10 days, Company's counteroffer will be deemed accepted. Notwithstanding anything to the contrary herein, Customer's acceptance of the Work by Company will in any event constitute an acceptance by Customer of Company's terms and conditions. This Agreement is subject to credit approval by Company. Upon disapproval of credit, Company may delay or suspend performance or, at its option, renegotiate 2884 Corporate Way Miramar, FL 33025 Phone: (954) 499-6900 Trane Turnkey Solution ©2022 Trane All rights reserved Page 3 of 6 SLC Courthouse FCU Replacerrt,rnt_PrQN a� " 533 TRANE® Building Services prices and/or terms and conditions with Customer. If Company and Customer are unable to agree on such revisions, this Agreement shall be cancelled without any liability, other than Customer's obligation to pay for Work rendered by Company to the date of cancellation. 2. Connected Services. In addition to these terms and conditions, the Connected Services Terms of Service ("Connected Services Terms'), available at https://www.trane.com/TraneConnectedServicesTerms, as updated from time to time, are incorporated herein by reference and shall apply to the extent that Company provides Customer with Connected Services, as defined in the Connected Services Terms. 3. Title and Risk of Loss. All Equipment sales with destinations to Canada or the U.S. shall be made as follows: FOB Company's U.S. manufacturing facility or warehouse (full freight allowed). Title and risk of loss or damage to Equipment will pass to Customer upon tender of delivery of such to carrier at Company's U.S. manufacturing facility or warehouse. 4. Pricing and Taxes. Unless otherwise noted, the price in the Proposal includes standard ground transportation and, if required by law, all sales, consumer, use and similar taxes legally enacted as of the date hereof for equipment and material installed by Company. Tax exemption is contingent upon Customer furnishing appropriate certificates evidencing Customer's tax-exempt status. Company shall charge Customer additional costs for bonds agreed to be provided. Equipment sold on an uninstalled basis and any taxable labor/labour do not include sales tax and taxes will be added. Within thirty (30) days following Customer acceptance of the Proposal without addition of any other terms and conditions of sale or any modification, Customer shall provide notification of release for immediate production at Company's factory. Prices for Work are subject to change at any time prior to shipment to reflect any cost increases related to the manufacture, supply, and shipping of goods. This includes, but is not limited to, cost increases in raw materials, supplier components, labor, utilities freight, logistics, wages and benefits, regulatory compliance, or any other event beyond Company's control. If such release is not received within 6 months after date of order receipt, Company reserves the right to cancel any order. If shipment is delayed due to Customer's actions, Company may also charge Customer storage fees. Company shall be entitled to equitable adjustments in the contract price to reflect any cost increases as set forth above and will provide notice to Customer prior to the date for which the increased price is to be in effect for the applicable customer contract. In no event will prices be decreased. 5. Exclusions from Work. Company's obligation is limited to the Work as defined and does not include any modifications to the Work site under the Americans With Disabilities Act or any other law or building code(s). In no event shall Company be required to perform work Company reasonably believes is outside of the defined Work without a written change order signed by Customer and Company. 6. Performance. Company shall perform the Work in accordance with industry standards generally applicable in the area under similar circumstances as of the time Company performs the Work Company may refuse to perform any Work where working conditions could endanger property or put at risk the safety of persons. Unless otherwise agreed to by Customer and Company, at Customer's expense and before the Work begins, Customer will provide any necessary access platforms, catwalks to safely perform the Work in compliance with OSHA or state industrial safety regulations. 7. Payment. Customer shall pay Company's invoices within net 30 days of invoice date. Company may invoice Customer for all equipment or material furnished, whether delivered to the installation site or to an off -site storage facility and for all Work performed on -site or off -site. No retention shall be withheld from any payments except as expressly agreed in writing by Company, in which case retention shall be reduced per the contract documents and released no later than the date of substantial completion. Under no circumstances shall any retention be withheld for the equipment portion of the order. If payment is not received as required, Company may suspend performance and the time for completion shall be extended for a reasonable period of time not less than the period of suspension. Customer shall be liable to Company for all reasonable shutdown, standby and start-up costs as a result of the suspension. Company reserves the right to add to any account outstanding for more than 30 days a service charge equal to 1.5% of the principal amount due at the end of each month. Customer shall pay all costs (including attorneys' fees) incurred by Company in attempting to collect amounts due and otherwise enforcing these terms and conditions. If requested, Company will provide appropriate lien waivers upon receipt of payment. Customer agrees that, unless Customer makes payment in advance, Company will have a purchase money security interest in all equipment from Company to secure payment in full of all amounts due Company and its order for the equipment, together with these terms and conditions, form a security agreement. Customer shall keep the equipment free of all taxes and encumbrances, shall not remove the equipment from its original installation point and shall not assign or transfer any interest in the equipment until all payments due Company have been made. 8. Time for Completion. Except to the extent otherwise expressly agreed in writing signed by an authorized representative of Company, all dates provided by Company or its representatives for commencement, progress or completion are estimates only. While Company shall use commercially reasonable efforts to meet such estimated dates, Company shall not be responsible for any damages for its failure to do so. Delivery dates are approximate and not guaranteed. Company will use commercially reasonable efforts to deliver the Equipment on or before the estimated delivery date, will notify Customer if the estimated delivery dates cannot be honored, and will deliver the Equipment and services as soon as practicable thereafter. In no event will Company be liable for any damages or expenses caused by delays in delivery. 9. Access. Company and its subcontractors shall be provided access to the Work site during regular business hours, or such other hours as may be requested by Company and acceptable to the Work site' owner or tenant for the performance of the Work, including sufficient areas for staging, mobilization, and storage. Company's access to correct any emergency condition shall not be restricted. Customer grants to Company the right to remotely connect (via phone modem, internet or other agreed upon means) to Customer's building automation system (BAS) and or HVAC equipment to view, extract, or otherwise collect and retain data from the BAS, HVAC equipment, or other building systems, and to diagnose and remotely make repairs at Customer's request. 10. Completion. Notwithstanding any other term or condition herein, when Company informs Customer that the Work has been completed, Customer shall inspect the Work in the presence of Company's representative, and Customer shall either (a) accept the Work in its entirety in writing, or (b) accept the Work in part and specifically identify, in writing, any exception items. Customer agrees to re -inspect any and all excepted items as soon as Company informs Customer that all such excepted items have been completed. The initial acceptance inspection shall take place within ten (10) days from the date when Company informs Customer that the Work has been completed. Any subsequent re -inspection of excepted items shall take place within five (5) days from the date when Company informs Customer that the excepted items have been completed. Customer's failure to cooperate and complete any of said inspections within the required time limits shall constitute complete acceptance of the Work as often (10) days from date when Company informs Customer that the Work, or the excepted items, if applicable, has/have been completed. 11. Permits and Governmental Fees. Company shall secure (with Customer's assistance) and pay for building and other permits and governmental fees, licenses, and inspections necessary for proper performance and completion of the Work which are legally required when bids from Company's subcontractors are received, negotiations thereon concluded, or the effective date of a relevant Change Order, whichever is later. Customer is responsible for necessary approvals, easements, assessments and charges for construction, use or occupancy of permanent structures or for permanent changes to existing facilities. If the cost of such permits, fees, licenses and inspections are not included in the Proposal, Company will invoice Customer for such costs. 12. Utilities During Construction. Customer shall provide without charge to Company all water, heat, and utilities required for performance of the Work. 13. Concealed or Unknown Conditions. In the performance of the Work, if Company encounters conditions at the Work site that are (i) subsurface or otherwise concealed physical conditions that differ materially from those indicated on drawings expressly incorporated herein or (ii) unknown physical conditions of an unusual nature that differ materially from those conditions ordinarily found to exist and generally recognized as inherent in construction activities of the type and character as the Work, Company shall notify Customer of such conditions promptly, prior to significantly disturbing same. If such conditions differ materially and cause an increase in Company's cost of, or time required for, performance of any part of the Work, Company shall be entitled to, and Customer shall consent by Change Order to, an equitable adjustment in the Contract Price, contract time, or both. 14. Pre -Existing Conditions. Company is not liable for any claims, damages, losses, or expenses, arising from or related to conditions that existed in, on, or upon the Work site before the Commencement Date of this Agreement ("Pre -Existing Conditions"), including, without limitation, damages, losses, or expenses involving Pre -Existing Conditions of building envelope issues, mechanical issues, plumbing issues, and/or indoor air quality issues involving mold/mould and/or fungi. Company also is not liable for any claims, damages, losses, or expenses, arising from or related to work done by or services provided by individuals or entities that are not employed by or hired by Company. 15. Asbestos and Hazardous Materials. Company's Work and other services in connection with this Agreement expressly excludes any identification, abatement, cleanup, control, disposal, removal or other work connected with asbestos, polychlorinated biphenyl ("PCB"), or other hazardous materials (hereinafter, collectively, "Hazardous Materials'). Customer warrants and represents that, except as set forth in a writing signed by Company, there are no Hazardous Materials on the Work site that will in any way affect Company's Work and Customer has disclosed to Company the existence and location of any Hazardous Materials in all areas within which Company will be performing the Work. Should Company become aware of or suspect the presence of Hazardous Materials, Company may immediately stop work in the affected area and shall notify Customer. Customer will be exclusively responsible for taking any and all action necessary to correct the condition in accordance with all applicable laws and regulations. Customer shall be exclusively responsible for and. to the 533 TRANE® Building Services fullest extent permitted by law, shall indemnify and hold harmless Company (including its employees, agents and subcontractors) from and against any loss, claim, liability, fees, penalties, injury (including death) or liability of any nature, and the payment thereof arising out of or relating to any Hazardous Materials on or about the Work site, not brought onto the Work site by Company. Company shall be required to resume performance of the Work in the affected area only in the absence of Hazardous Materials or when the affected area has been rendered harmless. In no event shall Company be obligated to transport or handle Hazardous Materials, provide any notices to any governmental agency, or examine the Work site for the presence of Hazardous Materials. 16. Force Majeure. Company's duty to perform under this Agreement is contingent upon the non-occurrence of an Event of Force Majeure. If Company shall be unable to carry out any material obligation under this Agreement due to an Event of Force Majeure, this Agreement shall at Company's election (i) remain in effect but Company's obligations shall be suspended until the uncontrollable event terminates or (ii) be terminated upon 10 days notice to Customer, in which event Customer shall pay Company for all parts of the Work furnished to the date of termination. An "Event of Force Majeure" shall mean any cause or event beyond the control of Company. Without limiting the foregoing, "Event of Force Majeure" includes: acts of God; acts of terrorism, war or the public enemy; flood; earthquake; tornado; storm; fire; civil disobedience; pandemic insurrections; riots; labor/labour disputes; labor/labour or material shortages; sabotage; restraint by court order or public authority (whether valid or invalid), and action or non -action by or inability to obtain or keep in force the necessary governmental authorizations, permits, licenses, certificates or approvals if not caused by Company; and the requirements of any applicable government in any manner that diverts either the material or the finished product to the direct or indirect benefit of the government. 17. Customer's Breach. Each of the following events or conditions shall constitute a breach by Customer and shall give Company the right, without an election of remedies, to terminate this Agreement or suspend performance by delivery of written notice: (1) Any failure by Customer to pay amounts when due; or (2) any general assignment by Customer for the benefit of its creditors, or if Customer becomes bankrupt or insolvent or takes the benefit of any statute for bankrupt or insolvent debtors, or makes or proposes to make any proposal or arrangement with creditors, or if any steps are taken for the winding up or other termination of Customer or the liquidation of its assets, or if a trustee, receiver, or similar person is appointed over any of the assets or interests of Customer; (3) Any representation or warranty furnished by Customer in this Agreement is false or misleading in any material respect when made; or (4) Any failure by Customer to perform or comply with any material provision of this Agreement. Customer shall be liable to Company for all Work furnished to date and all damages sustained by Company (including lost profit and overhead). 18. Indemnity. To the fullest extent permitted by law, Company and Customer shall indemnify, defend and hold harmless each other from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, resulting from death or bodily injury or damage to real or tangible personal property, to the extent caused by the negligence or misconduct of their respective employees or other authorized agents in connection with their activities within the scope of this Agreement. Neither party shall indemnify the other against claims, damages, expenses or liabilities to the extent attributable to the acts or omissions of the other party. If the parties are both at fault, the obligation to indemnify shall be proportional to their relative fault. The duty to indemnify will continue in full force and effect, notwithstanding the expiration or early termination hereof, with respect to any claims based on facts or conditions that occurred prior to expiration or termination. 19. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT CONSEQUENTIAL, OR PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION BUSINESS INTERRUPTION, LOST DATA, LOST REVENUE, LOST PROFITS, LOST DOLLAR SAVINGS, OR LOST ENERGY USE SAVINGS, INCLUDING CONTAMINANTS LIABILITIES, EVEN IF A PARTY HAS BEEN ADVISED OF SUCH POSSIBLE DAMAGES OR IF SAME WERE REASONABLY FORESEEABLE AND REGARDLESS OF WHETHER THE CAUSE OF ACTION IS FRAMED IN CONTRACT, NEGLIGENCE, ANY OTHER TORT, WARRANTY, STRICT LIABILITY, OR PRODUCT LIABILITY). In no event will Company's liability in connection with the provision of products or services or otherwise under this Agreement exceed the entire amount paid to Company by Customer under this Agreement. 20. CONTAMINANTS LIABILITY The transmission of COVID-19 may occur in a variety of ways and circumstances, many of the aspects of which are currently not known. HVAC systems, products, services and other offerings have not been tested for their effectiveness in reducing the spread of COVID-19, including through the air in closed environments. IN NO EVENT WILL COMPANY BE LIABLE UNDER THIS AGREEMENT OR OTHERWISE FOR ANY INDEMNIFICATION, ACTION OR CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE, FOR ANY BODILY INJURY (INCLUDING DEATH), DAMAGE TO PROPERTY, OR ANY OTHER LIABILITIES, DAMAGES OR COSTS RELATED TO CONTAMINANTS (INCLUCING THE SPREAD, TRANSMISSION, MITIGATION, ELIMINATION, OR CONTAMINATION THEREOF) (COLLECTIVELY, "CONTAMINANT LIABILITIES") AND CUSTOMER HEREBY EXPRESSLY RELEASES COMPANY FROM ANY SUCH CONTAMINANTS LIABILITIES. 21. Patent Indemnity. Company shall protect and indemnify Customer from and against all claims, damages, judgments and loss arising from infringement or alleged infringement of any United States patent by any of the goods manufactured by Company and delivered hereunder, provided that in the event of suit or threat of suit for patent infringement, Company shall promptly be notified and given full opportunity to negotiate a settlement. Company does not warrant against infringement by reason of Customer's design of the articles or the use thereof in combination with other materials or in the operation of any process. In the event of litigation, Customer agrees to reasonably cooperate with Company. In connection with any proceeding under the provisions of this Section, all parties concerned shall be entitled to be represented by counsel at their own expense. 22. Limited Warranty. Company warrants for a period of 12 months from the date of substantial completion ("Warranty Period") commercial equipment manufactured and installed by Company against failure due to defects in material and manufacture and that the labor/labour furnished is warranted to have been properly performed (the "Limited Warranty"). Trane equipment sold on an uninstalled basis is warranted in accordance with Company's standard warranty for supplied equipment. Product manufactured by Company that includes required startup and is sold in North America will not be warranted by Company unless Company performs the product start-up. Substantial completion shall be the earlier of the date that the Work is sufficiently complete so that the Work can be utilized for its intended use or the date that Customer receives beneficial use of the Work. If such defect is discovered within the Warranty Period, Company will correct the defect or furnish replacement equipment (or, at its option, parts therefor) and, if said equipment was installed pursuant hereto, labor/labour associated with the replacement of parts or equipment not conforming to this Limited Warranty. Defects must be reported to Company within the Warranty Period. Exclusions from this Limited Warranty include damage or failure arising from: wear and tear; corrosion, erosion, deterioration; Customer's failure to follow the Company -provided maintenance plan; refrigerant not supplied by Company; and modifications made by others to Company's equipment. Company shall not be obligated to pay for the cost of lost refrigerant. Notwithstanding the foregoing, all warranties provided herein terminate upon termination or cancellation of this Agreement. No warranty liability whatsoever shall attach to Company until the Work has been paid for in full and then said liability shall be limited to the lesser of Company's cost to correct the defective Work and/or the purchase price of the equipment shown to be defective. Equipment, material and/or parts that are not manufactured by Company ("Third -Party Product(s)" are not warranted by Company and have such warranties as may be extended by the respective manufacturer. CUSTOMER UNDERSTANDS THAT COMPANY IS NOT THE MANUFACTURER OF ANY THIRD -PARTY PRODUCT(S) AND ANY WARRANTIES, CLAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS ARE THOSE OF THE THIRD -PARTY MANUFACTURER, NOT COMPANY AND CUSTOMER IS NOT RELYING ON ANY WARRANTIES, CLAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS REGARDING THE THIRD -PARTY PRODUCT THAT MAY BE PROVIDED BY COMPANY OR ITS AFFILIATES, WHETHER ORAL OR WRITTEN. THE WARRANTY AND LIABILITY SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, WHETHER IN CONTRACT OR IN NEGLIGENCE, EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. COMPANY MAKES NO REPRESENTATION OR WARRANTY .OF ANY KIND, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. ADDITIONALLY, COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND REGARDING PREVENTING, ELIMINATING, REDUCING OR INHIBITING ANY MOLD, FUNGUS, BACTERIA, VIRUS, MICROBIAL GROWTH, OR ANY OTHER CONTAMINANTS (INCLUDING COVID-19 OR ANY SIMILAR VIRUS) (COLLECTIVELY, "CONTAMINANTS"), WHETHER INVOLVING OR IN CONNECTION WITH EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR OTHERWISE. IN NO EVENT SHALL COMPANY HAVE ANY LIABILITY FOR THE PREVENTION, ELIMINATION, REDUCTION OR INHIBITION OF THE GROWTH OR SPREAD OF SUCH CONTAMINANTS INVOLVING OR IN CONNECTION WITH ANY EQUIPMENT, THIRD -PARTY PRODUCT, OR ANY COMPONENT THEREOF, SERVICES OR OTHERWISE AND CUSTOMER HEREBY SPECIFICALLY ACKNOWLDGES AND AGREES THERETO. 23. Insurance. Company agrees to maintain the following insurance while the Work is being performed with limits not less than shown below and will, upon request from Customer, provide a Certificate of evidencing the following coverage: Commercial General Liability $2,000,000 per occurrence Automobile Liabilitv $2.000.000 CSL 533 TRAME® Building Services Workers Compensation Statutory Limits If Customer has requested to be named as an additional insured under Company's insurance policy, Company will do so but only subject to Company's manuscript additional insured endorsement under its primary Commercial General Liability policies. In no event does Company waive its right of subrogation. 24. Commencement of Statutory Limitation Period. Except as to warranty claims, as may be applicable, any applicable statutes of limitation for acts or failures to act shall commence to run, and any alleged cause of action stemming therefrom shall be deemed to have accrued, in any and all events not later than the last date that Company or its subcontractors physically performed work on the project site. 25. General. Except as provided below, to the maximum extent provided by law, this Agreement is made and shall be interpreted and enforced in accordance with the laws of the state or province in which the Work is performed, without regard to choice of law principles which might otherwise call for the application of a different state's or province's law. Any dispute arising under or relating to this Agreement that is not disposed of by agreement shall be decided by litigation in a court of competent jurisdiction located in the state or province in which the Work is performed. Any action or suit arising out of or related to this Agreement must be commenced within one year after the cause of action has accrued. To the extent the Work site is owned and/or operated by any agency of the Federal Government, determination of any substantive issue of law shall be according to the Federal common law of Government contracts as enunciated and applied by Federal judicial bodies and boards of contract appeals of the Federal Government. This Agreement contains all of the agreements, representations and understandings of the parties and supersedes all previous understandings, commitments or agreements, oral or written, related to the subject matter hereof. This Agreement may not be amended, modified or terminated except by a writing signed by the parties hereto. No documents shall be incorporated herein by reference except to the extent Company is a signatory thereon. If any term or condition of this Agreement is invalid, illegal or incapable of being enforced by any rule of law, all other terms and conditions of this Agreement will nevertheless remain in full force and effect as long as the economic or legal substance of the transaction contemplated hereby is not affected in a manner adverse to any party hereto. Customer may not assign, transfer, or convey this Agreement, or any part hereof, or its right, title or interest herein, without the written consent of the Company. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of Customer's permitted successors and assigns. This Agreement may be executed in several counterparts, each of which when executed shall be deemed to be an original, but all together shall constitute but one and the same Agreement. A fully executed facsimile copy hereof or the several counterparts shall suffice as an original. 26. Equal Employment Opportunity/Affirmative Action Clause. Company is a federal contractor that complies fully with Executive Order 11246, as amended, and the applicable regulations contained in 41 C.F.R. Parts 60-1 through 60-60, 29 U.S.C. Section 793 and the applicable regulations contained in 41 C.F.R. Part 60-741; and 38 U.S.C. Section 4212 and the applicable regulations contained in 41 C.F.R. Part 60-250 Executive Order 13496 and Section 29 CFR 471, appendix A to subpart A, regarding the notice of employee rights in the United States and with Canadian Charter of Rights and Freedoms Schedule B to the Canada Act 1982 (U.K.) 1982, c. 11 and applicable Provincial Human Rights Codes and employment law in Canada. 27. U.S. Government Work. The following provision applies only to direct sales by Company to the US Government. The Parties acknowledge that all items or services ordered and delivered under this Agreement are Commercial Items as defined under Part 12 of the Federal Acquisition Regulation (FAR). In particular, Company agrees to be bound only by those Federal contracting clauses that apply to "commercial" suppliers and that are contained in FAR 52.212-5(e)(1). Company complies with 52.219-8 or 52.219-9 in its service and installation contracting business. The following provision applies only to indirect sales by Company to the US Government. As a Commercial Item Subcontractor, Company accepts only the following mandatory flow down provisions in effect as of the date of this subcontract: 52.203-19; 52.204-21; 52.204-23; 52.219-8; 52.222-21; 52.222- 26; 52.222-35; 52.222-36; 52.222-50; 52.225-26; 52.247-64. If the Work is in connection with a U.S. Government contract, Customer certifies that it has provided and will provide current, accurate, and complete information, representations and certifications to all government officials, including but not limited to the contracting officer and officials of the Small Business Administration, on all matters related to the prime contract, including but not limited to all aspects of its ownership, eligibility, and performance. Anything herein notwithstanding, Company will have no obligations to Customer unless and until Customer provides Company with a true, correct and complete executed copy of the prime contract. Upon request, Customer will provide copies to Company of all requested written communications with any government official related to the prime contract prior to or concurrent with the execution thereof, including but not limited to any communications related to Customer's ownership, eligibility or performance of the prime contract. Customer will obtain written authorization and approval from Company prior to providing any government official any information about Company's performance of the work that is the subject of the Proposal or this Agreement, other than the Proposal or this Agreement. 28. Limited Waiver of Sovereign Immunity. If Customer is an Indian tribe (in the U.S.) or a First Nation or Band Council (in Canada), Customer, whether acting in its capacity as a government, governmental entity, a duly organized corporate entity or otherwise, for itself and for its agents, successors, and assigns: (1) hereby provides this limited waiver of its sovereign immunity as to any damages, claims, lawsuit, or cause of action (herein "Action") brought against Customer by Company and arising or alleged to arise out of the furnishing by Company of any product or service under this Agreement, whether such Action is based in contract, tort, strict liability, civil liability or any other legal theory; (2) agrees that jurisdiction and venue for any such Action shall be proper and valid (a) if Customer is in the U.S., in any state or United States court located in the state in which Company is performing this Agreement or (b) if Customer is in Canada, in the superior court of the province or territory in which the work was performed; (3) expressly consents to such Action, and waives any objection to jurisdiction or venue; (4) waives any requirement of exhaustion of tribal court or administrative remedies for any Action arising out of or related to this Agreement; and (5) expressly acknowledges and agrees that Company is not subject to the jurisdiction of Customer's tribal court or any similar tribal forum, that Customer will not bring any action against Company in tribal court, and that Customer will not avail itself of any ruling or direction of the tribal court permitting or directing it to suspend its payment or other obligations under this Agreement. The individual signing on behalf of Customer warrants and represents that such individual is duly authorized to provide this waiver and enter into this Agreement and that this Agreement constitutes the valid and legally binding obligation of Customer, enforceable in accordance with its terms. 1-26.251-10(1221) Supersedes 1-26.251-10(0821) 2884 Corporate Way Miramar, FL 33025 Phone: 954 499-6900 1 Trane Turnkey Solution ©2022 Trane All rights reserved Page 6 of 6 1 SLC Courthouse FCU Replace Wt PrQagsaj 1533 8.F.2. 0 PdGG10D TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Jeffrey Dougherty, Director Facilities Department P40*1 .Y:1111011 CONSENT AGENDA - FACILITIES DEPARTMENT DATE: 12/6/2022 *ACTION ITEM - CONTRACT QUASI-JUDICIAL ITEM? No Trane - Judicial R'newal Service Program for Chiller Compressor Chiller #2 at the St. Lucie County Judicial complex in downtown Ft. Pierce is approximately 13 years old and in need of refurbishment as it is at the limits of its life expectancy. Trane's Series R Compressor R'newal service is a major inspection and refurbishment that brings the chiller back to like -new condition. The Series R Compressor R'newal program addresses the following major components: gaskets and seals, bearings, and compressor motors and includes a limited warranty. Through a US Communities contract, Trane has submitted a turnkey proposal to perform the Series R Rotary Screw Chiller Compressor R'newal services as specified in quote number 40-125310-22-003.. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Sufficient funding is available in Court Facilities Maintenance Improvement Projects 170-1930-546200-1907 in the amount of $106,293.00 and Facilities Maintenance Improvement Projects 001-1930-546200-1907 in the amount of $43.00. I:Z��L�I► i► I�i;I Z��[�I►A Staff recommends Board approval to proceed with the renewal services as specified in Trane Proposal ID 3178501 via US Communities #40-125310-22-003 in the amount of $106,336.00, and authorize the Chair to sign the agreement as approved by the County Attorney. COMMISSION ACTION: RESULT: Page 165 of 1533 MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: November 16, 2022 Scott Beaulieu, Facilities Assistant Director Date: November 17, 2022 Jeffrey Dougherty, Director Date: November 17, 2022 Jennifer Hill, Office of Management & Budget Director Date: November 22, 2022 Daniel McIntyre, County Attorney Date: November 22, 2022 Alphonso Jefferson, Deputy County Administrator Page 166 of 1533 Trane Office Company Name Trane U.S. Inc. St Lucie County 6965 Vista Parkway North, Ste.11 2300 Virginia Avenue Wellington, FL 33411 Fort Pierce, FL 34982 Trane Representative Jerry Shugart Cell: (561) 287-2681 Proposal ID 3178501 Service Contract Number 3178501 Contact Telephone Number for Service (954) 499-6900 Quote Number / Co-op Contract Number 40-125310-22-003/USC 15-JLP-023 October 14, 2022 1= T F C. r 4 C% . f 5{ I F V Site Address: St Lucie County Judicial 211 South 2nd Street Fort Pierce, FL 34950 Page 167 of 1533 Trane U.S. Inc. 6965 Vista Parkway North, Ste.11 Wellington, FL 33411 Phone: (561) 946-9259, Fax: (954) 499-6901 Service Contact: (954) 499-6900 October 14, 2022 Site Address: St Lucie County St Lucie County Judicial 2300 Virginia Avenue 211 South 2nd Street Fort Pierce, FL 34982 Fort Pierce, FL 34950 ATTENTION: Bob Ettswold SUBJECT: Trane R'newal® Service Program for RTHD Trane's Series R Compressor R'newal service is a major inspection and maintenance program that brings the chiller compressor back to like -new condition. The Series R Compressor R'newal program is backed with a Trane warranty covering the renewed compressor. This unique warranty reflects Trane's confidence in our compressors as well as our factory -authorized service technicians who work on them. This Series R Compressor R'newal program addresses the following major components Gaskets and seals — Both internal and external elastomer seals give up elasticity and harden with time. The rate of deterioration depends on length of service, temperature, and operating conditions. Gasket and seal wear ultimately results in chiller efficiency loss, refrigerant loss and loss of lubrication capability. Bearings — Individual unit operating conditions and certain site conditions can influence bearing permanence. These factors can result in bearing damage and compressor failure. Compressor Motors — Over time compressor motors can develop flaws in the rotor and stator assemblies. These flaws, if left uncorrected, can result in compressor motor failure. Trane Building Services uses the Series R Compressor Evaluator tool to predict when a compressor should be considered for R'newal. The Series R Compressor Evaluator tool takes into account run hours, starts, and seasons of operation to derive the service threshold indicator used in this evaluation process. We have assessed your Series R compressor with the Evaluator and have determined a service threshold indicator of 153% Trane recommends that any compressor above 85% be considered for the R'newal program and compressors above 100% be immediately scheduled for the R'newal program. Per the attached proposal, it is our recommendation that your chiller be scheduled for a Series R Compressor R'newal service. Thank you for giving us this opportunity. If you have any questions or concerns, please call me at (561) 946-9259. Sincerely, Jerry Shugart Account Manager Trane Page 168 of 1533 boo MANE: � . EQUIPMENT: Equipment Qty Manufacturer Model Number Serial Number Area Served / Asset Tag Water -Cooled 1 Trane RTHD U07CO2587 CH 2 Chiller SCOPE OF SERVICES SERIES R ROTARY SCREW CHILLER COMPRESSOR R'NEWAL® SERVICE • Starter evaluation • Circuit remove/transfer existing refrigerant (recovery equipment included) • Renewed compressor is installed per OEM specification and start-up • Oil and refrigerant lab analysis • Depending on unit size and age, the following will be replaced: - High pressure cut-out switch - Drier cores - Oil filter element - Pressure relief valve - Master solenoid valve/coil • Unit up -grades and modifications per unit schedule • Re -install existing refrigerant that was removed or transferred • All necessary labor and rigging • Insulate compressor motor terminals • Start-up and system checkout • Shipping and Handling • Factory parts and labor warranty on compressor — see Warranty section (below) for details SERIES R RUNNING COMPRESSOR R'NEWAL WARRANTY Series R R'newal includes a one year standard parts warranty and 90 days labor on all components replaced as part of the offering. In addition, the compressors on which Refresh has been completed will be covered by the Limited Factory Warranty for the term purchased: • 5 Years Compressor Parts & Labor: This offering requires the purchase of a Trane Service Agreement. The service agreement shall include, at a minimum three inspections and one oil analysis per year. The oil analysis will be completed by the Trane Chemical Laboratory. If the Trane Service Agreement is cancelled before the end of the warranty period the Limited Factory Warranty on the compressors is void. CLARIFICATIONS • The existing refrigerant will be re -used. If additional refrigerant is necessary, it is not included and will be billable in addition to this proposal. • Unless specified, upgrades to the motor starter and controls are not included in this proposal. • Labor is at normal working hours only, and excludes labor costs due to unusual equipment access. All crane costs are excluded. • The Limited Factory Warranty is available at the URL listed below and is incorporated herein by this reference: RNC-SVW001A-EN 07132021.pdf (trane.com) Page 169 of 1533 ADDITIONAL SCOPE OF SERVICES CLEAN AND INSPECT HEAT EXCHANGERS Manufacturer Recommended Maintenance • Remove heads and inspect condenser and evaporator tube sheets • Brush heat transfer tubes • Provide eddy current test of condenser and evaporator tubes • Re -install heads with new 0-rings Replace existing water flow switches with electronic flow sensing switch. • Shut down chilled water flow isolation valves to chiller barrel and electrical power to chiller and lockout • Remove electrical wiring from existing mechanical flow switches and remove d water flow switch from piping • Install new electronic flow sensor in existing thread-o-let using new fittings as needed • Install new electronic flow switch controller in control panel, wire electronic flow switch controller into chiller controls, and install interconnecting electronic flow switch controller to electronic flow sensor wiring harness • Power up chiller and check operation of new electronic flow switch and return chiller to normal service Page 170 of 1533 r�rF I PRICING AND ACCEPTANCE St Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 Site Address: St Lucie County Judicial 211 South 2nd Street Fort Pierce, FL 34950 Total Price: ........................................................ $106,336 Clarifications 1. Price does not include applicable sales taxes, which will be added and reflected in the invoice(s). 2. Any service not listed is not included. 3. Work will be performed during normal Trane business hours. appreciate the opportunity to earn your business, and look forward to helping you with all of your service needs. Please contact me if you have any questions or concerns. In addition to any other amounts then due hereunder, if this Agreement is terminated or cancelled prior to its scheduled expiration, Customer shall pay to Company the balance of any amounts billed to but unpaid by Customer. In the event a "Service Project" is also included as part of the Agreement funding option, Customer shall pay to Company the Cancellation Fee which shall be set forth in "Exhibit A" Cancellation Schedule attached hereto, which Cancellation Fee represents unbilled labor, non -labor expenses and parts materials and components. Subject only to a prior written agreement signed by Trane, payment is due upon receipt of invoice in accordance with Section 7 of the attached Terms and Conditions — Quoted Service. COVID-19 National Emergency Clause The parties agree that they are entering into this Agreement while the nation is in the midst of a national emergency due to the Covid-19 pandemic ("Covid-19 Pandemic"). With the continued existence of Covid-19 Pandemic and the evolving guidelines and executive orders, it is difficult to determine the impact of the Covid-19 Pandemic on Trane's performance under this Agreement. Consequently, the parties agree as follows: 1. Each party shall use commercially reasonable efforts to perform its obligations under the Agreement and to meet the schedule and completion dates, subject to provisions below; 2. Each party will abide by any federal, state (US), provincial (Canada) or local orders, directives, or advisories regarding the Covid-19 Pandemic with respect to its performance of its obligations under this Agreement and each shall have the sole discretion in determining the appropriate and responsible actions such party shall undertake to so abide or to safeguard its employees, subcontractors, agents and suppliers; 3. Each party shall use commercially reasonable efforts to keep the other party informed of pertinent updates or developments regarding its obligations as the Covid-19 Pandemic situation evolves; and 4. If Trane's performance is delayed or suspended as a result of the Covid-19 Pandemic, Trane shall be entitled to an equitable adjustment to the project schedule and/or the contract price. Page 171 of 1533 This proposal is valid 30 days from October 14, 2022. This Agreement is subject to Customer's acceptance of the attached Trane Terms and Conditions — Quoted Service. Authorized Representative Printed Name Title Purchase Order Acceptance Date Submitted By: Jerry Shugart Proposal Date: October 14, 2022 Cell: (954) 789-9286 Office: (561) 946-9259 License Number: CACO23485 Authorized Representative Title Signature Date Page 172 of 1533 TERMS AND CONDITIONS — QUOTED SERVICE "Company" shall mean Trane U.S. Inc.. To obtain repair service within the scope of Services as defined, contact your local Trane District office identified on the first page of the Agreement by calling the telephone number stated on that page. That Trane District office is responsible for Trane's performance of this Agreement. Only Trane authorized personnel may perform service under this Agreement. For Service covered under this Agreement, Trane will be responsible for the cost of transporting a part requiring service. 1. Agreement. These terms and conditions are an integral part of Company's offer and form the basis of any agreement (the "Agreement") resulting from Company's proposal (the "Proposal") for the services (the "Services") on equipment listed in the Proposal (the "Covered Equipment"). COMPANY'S TERMS AND CONDITIONS ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT. 2. Connected Services. In addition to these terms and conditions, the Connected Services Terms of Service ("Connected Services Terms"), available at https://www.trane.com/TraneConnectedServicesTerms, as updated from time to time, are incorporated herein by reference and shall apply to the extent that Company provides Customer with Connected Services, as defined in the Connected Services Terms. 3. Acceptance. The Proposal is subject to acceptance in writing by the party to whom this offer is made or an authorized agent ("Customer') delivered to Company within 30 days from the date of the Proposal. If Customer accepts the Proposal by placing an order, without the addition of any other terms and conditions of sale or any other modification, Customer's order shall be deemed acceptance of the Proposal subject to Company's terms and conditions. If Customer's order is expressly conditioned upon the Company's acceptance or assent to terms and/or conditions other than those expressed herein, return of such order by Company with Company's terms and conditions attached or referenced serves as Company's notice of objection to Customer's terms and as Company's counter-offer to provide Services in accordance with the Proposal. . Customer's acceptance of the Services by Company will in any event constitute an acceptance by Customer of Company's terms and conditions. In the case of a dispute, the applicable terms and conditions will be those in effect at the time of delivery or acceptance of the Services. This Agreement is subject to credit approval by Company. Upon disapproval of credit, Company may delay or suspend performance or, at its option, renegotiate prices and/or terms and conditions with Customer. If Company and Customer are unable to agree on such revisions, this Agreement shall be cancelled without any liability, other than Customer's obligation to pay for Services rendered by Company to the date of cancellation. 4. Cancellation by Customer Prior to Services; Refund. If Customer cancels this Agreement within (a) thirty (30) days of the date this Agreement was mailed to Customer or (b) twenty (20) days of the date this Agreement was delivered to Customer, if it was delivered at the time of sale, and no Services have been provided by Company under this Agreement, the Agreement will be void and Company will refund to Customer, or credit Customer's account, the full Service Fee of this Agreement that Customer paid to Company, if any. A ten percent (10%) penalty per month will be added to a refund that is due but is not paid or credited within forty-five (45) days after return of this Agreement to Company. Customer's right to cancel this Agreement only applies to the original owner of this Agreement and only if no Services have been provided by Company under this Agreement prior to its return to Company. S. Cancellation by Company. This Agreement may be cancelled by Company for any reason or no reason, upon written notice from Company to Customer no later than 30 days prior to performance of any Services hereunder and Company will refund to Customer, or credit Customer's account, that part of the Service Fee attributable to Services not performed by Company. Customer shall remain liable for and shall pay to Company all amounts due for Services provided by Company and not yet paid. 6. Services Fees and Taxes. Fees for the Services (the "Service Fee(s)") shall be as set forth in the Proposal and are based on performance during regular business hours. Fees for outside Company's regular business hours and any after-hours services shall be billed separately according to the then prevailing overtime or emergency labor/labour rates. In addition to the stated Service Fee, Customer shall pay all taxes not legally required to be paid by Company or, alternatively, shall provide Company with acceptable tax exemption certificates. Customer shall pay all costs (including attorneys' fees) incurred by Company in attempting to collect amounts due. 7. Payment. Payment is due upon receipt of Company's invoice. Company reserves the right to add to any account outstanding for more than 30 days a service charge equal to the lesser of the maximum allowable legal interest rate or 1.5% of the principal amount due at the end of each month. 8. Customer Breach. Each of the following events or conditions shall constitute a breach by Customer and shall give Company the right, without an election of remedies, to terminate this Agreement or suspend performance by delivery of written notice: (1) Any failure by Customer to pay amounts when due; or (2) any general assignment by Customer for the benefit of its creditors, or if Customer becomes bankrupt or insolvent or takes the benefit of any statute for bankrupt or insolvent debtors, or makes or proposes to make any proposal or arrangement with creditors, or if any steps are taken for the winding up or other termination of Customer or the liquidation of its assets, or if a trustee, receiver, or similar person is appointed over any of the assets or interests of Customer; (3) Any representation or warranty furnished by Customer in connection with this Agreement is false or misleading in any material respect when made; or (4) Any failure by Customer to perform or comply with any material provision of this Agreement. Customer shall be liable to the Company for all Services furnished to date and all damages sustained by Company (including lost profit and overhead) 9. Performance. Company shall perform the Services in accordance with industry standards generally applicable in the state or province where the Services are performed under similar circumstances as of the time Company performs the Services. Company is not liable for any claims, damages, losses, or expenses, arising from or related to work done by or services provided by individuals or entities that are not employed by or hired by Company. Company may refuse to perform any Services or work where working conditions could endanger property or put at risk the safety of people. Parts used for any repairs made will be those selected by Company as suitable for the repair and may be parts not manufactured by Company. Customer must reimburse Trane for services, repairs, and/or replacements performed by Trane at Customer's request beyond the scope of Services or otherwise excluded under this Agreement. The reimbursement shall be at the then prevailing applicable regular, overtime, or holiday rates for labor/labour and prices for materials. Prior to Trane performing the additional services, repairs, and/or replacements, Customer may request a separate written quote stating the work to be performed and the price to be paid by Customer for the work. 10. Customer Obligations. Customer shall: (a) provide Company reasonable and safe access to the Covered Equipment and areas where Company is to work; and (b) unless otherwise agreed by Customer and Company, at Customer's expense and before the Services begin, Customer will provide any necessary access platforms, catwalks to safely perform the Services in compliance with OSHA, state, or provincial industrial safety regulations or any other applicable industrial safety standards or guidelines. 11. Exclusions. Unless expressly included in the Proposal, the Services do not include, and Company shall not be responsible for or liable to the Customer for, any claims, losses, damages or expenses suffered by the Customer in any way connected with, relating to or arising from any of the following: (a) Any guarantee of room conditions or system performance; (b) Inspection, operation, maintenance, repair, replacement or performance of work or services outside the Services; (c) Damage, repairs or replacement of parts made necessary as a result of the acts or omission of Customer or any Event of Force Majeure; (d) Any claims, damages, losses, or expenses, arising from or related to conditions that existed in, on, or upon the premises before the effective date of this Agreement ("Pre -Existing Conditions") including, without limitation, damages, losses, or expenses involving a Pre -Existing Page 173 of 1533 Condition of building envelope issues, mechanical issues, plumbing issues, and/or indoor air quality issues involving mold/mould, bacteria, microbial growth, fungi or other contaminates or airborne biological agents; and (e) Replacement of refrigerant is excluded, unless replacement of refrigerant is expressly stated as included with the Proposal. 12. Limited Warranty. Company warrants that: (a) the material manufactured by Company and provided to the Customer in performance of the Services is free from defects in material and manufacture for a period of 12 months from the earlier of the date of equipment start-up or replacement and (b) the labor/labour portion of the Services is warranted to have been properly performed for a period of 90 days from date of completion (the "Limited Warranty"). Company obligations of equipment start-up, if any are stated in the Proposal, are coterminous with the Limited Warranty period. Defects must be reported to Company within the Limited Warranty period. Company's obligation under the Limited Warranty is limited to repairing or replacing the defective part at its option and to correcting any improperly performed labor/labour. No liability whatsoever shall attach to Company until the Services have been paid for in full. Exclusions from this Limited Warranty include claims, losses, damages, and expenses in any way connected with, related to, or arising from failure or malfunction of equipment due to the following: wear and tear; end of life failure; corrosion; erosion; deterioration; Customer's failure to follow the Company -provided maintenance plan; unauthorized or improper maintenance; unauthorized or improper parts or material; refrigerant not supplied by Trane; and modifications made by others to Company's equipment. Company shall not be obligated to pay for the cost of lost refrigerant or lost product. Some components of Company equipment may be warranted directly from the component supplier, in which case this Limited Warranty shall not apply to those components and any warranty of such components shall be the warranty given by the component supplier. Notwithstanding the foregoing, all warranties provided herein terminate upon termination or cancellation of this Agreement. Equipment, material and/or parts that are not manufactured by Company are not warranted by Company and have such warranties as may be extended by the respective manufacturer. THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE THE SOLE AND EXCLUSIVE REMEDIES FOR WARRANTY CLAIMS PROVIDED BY COMPANY TO CUSTOMER UNDER THIS AGREEMENT AND ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, LIABILITIES, CONDITIONS AND REMIDIES, WHETHER IN CONTRACT, WARRANTY, STATUTE, OR TORT (INCLUDING NEGLIGENCE), EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR FITNESS FOR A PARTICULAR PURPOSE AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, ENDORSEMENTS OR CONDITIONS OF ANY KIND. EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF QUALITY, FITNESS, MERCHANTABILITY, DURABILITY AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE OR REGARDING PREVENTION BY THE SCOPE OF SERVICES, OR ANY COMPONENT THEREOF. COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, IS MADE REGARDING PREVENTING, ELIMINATING, REDUCING OR INHIBITING ANY MOLD, FUNGUS, BACTERIA, VIRUS, MICROBIAL GROWTH, OR ANY OTHER CONTAMINANTS (INCLUDING COVID-19 OR ANY SIMILAR VIRUS) (COLLECTIVELY, "CONTAMINANTS"), WHETHER INVOLVING OR IN CONNECTION WITH EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR OTHERWISE. IN NO EVENT SHALL TRANE HAVE ANY LIABILITY FOR THE PREVENTION, ELIMINATION, REDUCTION OR INHIBITION OF THE GROWTH OR SPREAD OF SUCH CONTAMINANTS INVOLVING OR IN CONNECTION WITH ANY EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR OTHERWISE AND CUSTOMER HEREBY SPECIFICALLY ACKNOWLDGES AND AGREES THERETO 13. Indemnity. To the maximum extent permitted by law, Company and Customer shall indemnify and hold harmless each other from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, resulting from death or bodily injury or damage to real or personal property, to the extent caused by the negligence or misconduct of the indemnifying party, and/or its respective employees or authorized agents in connection with their activities within the scope of this Agreement. Neither party shall indemnify the other against claims, damages, expenses, or liabilities to the extent attributable to the acts or omissions of the other party or third parties. If the parties are both at fault, the obligation to indemnify shall be proportional to their relative fault. The duty to indemnify and hold harmless will continue in full force and effect, notwithstanding the expiration or early termination of this Agreement, with respect to any claims based on facts or conditions that occurred prior to expiration or termination of this Agreement. 14. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEITHER PARTY SHALL BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION REFRIGERANT LOSS, PRODUCT LOSS, LOST REVENUE OR PROFITS, OR LIABILITY TO THIRD PARTIES), OR PUNITIVE DAMAGES WHETHER BASED IN CONTRACT, WARRANTY, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE TOTAL AND AGGREGATE LIABILITY OF THE COMPANY TO THE CUSTOMER WITH RESPECT TO ANY AND ALL CLAIMS CONNECTED WITH, RELATED TO OR ARISING FROM THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT, WHETHER BASED IN CONTRACT, WARRANTY, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS, SHALL NOT EXCEED THE COMPENSATION RECEIVED BY COMPANY UNDER THIS AGREEMENT. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT OR INDIRECT) RESULTING FROM MOLD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR OTHER CONTAMINATES OR AIRBORNE BIOLOGICAL AGENTS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY OF THE FOLLOWING IN CONNECTION WITH PROVIDING THE ENERGY AND BUILDING PERFORMANCE SERVICES: INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION; CUSTOMER'S NETWORK SECURITY; COMPUTER VIRUS; COMMUNICATION FAILURE; THEFT OR DESTRUCTION OF DATA; GAPS IN DATA COLLECTED; AND UNAUTHORIZED ACCESS TO CUSTOMER'S DATA OR COMMUNICATIONS NETWORK. 15. COVID-19 LIMITATION ON LIABILITY. The transmission of COVID-19 may occur in a variety of ways and circumstances, many of the aspects of which are currently not known. HVAC systems, products, services and other offerings have not been tested for their effectiveness in reducing the spread of COVID-19, including through the air in closed environments. IN NO EVENT WILL TRANE BE LIABLE UNDER THIS AGREEMENT OR OTHERWISE FOR ANY ACTION OR CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE, FOR ANY BODILY INJURY (INCLUDING DEATH) OR ANY OTHER LIABILITIES, DAMAGES OR COSTS RELATED TO COVID-19 (INCLUCING THE SPREAD, TRANSMISSION OR CONTAMINATION THEREOF) (COLLECTIVELY, "COVID-19 LIABILITIES") AND CUSTOMER HEREBY EXPRESSLY RELEASES TRANE FROM ANY SUCH COVID-19 LIABILITIES. 16. Asbestos and Hazardous Materials. The Services expressly exclude any identification, abatement, cleanup, control, disposal, removal or other work connected with asbestos or other hazardous materials (collectively, "Hazardous Materials"). Should Company become aware of or suspect the presence of Hazardous Materials, Company may immediately stop work in the affected area and shall notify Customer. Customer will be responsible for taking any and all action necessary to correct the condition in accordance with all applicable laws and regulations. Customer shall be exclusively responsible for any claims, liability, fees and penalties, and the payment thereof, arising out of or relating to any Hazardous Materials on or about the premises, not brought onto the premises by Company. Company shall be required to resume performance of the Services only when the affected area has been rendered harmless. 17. Insurance. Company agrees to maintain the following insurance during the term of the contract with limits not less than shown below and will, upon request from Customer, provide a Certificate of evidencing the following coverage: Commercial General Liability $2,000,000 per occurrence Page 174 of 1533 Automobile Liability $2,000,000 CSL Workers Compensation Statutory Limits If Customer has requested to be named as an additional insured under Company's insurance policy, Company will do so but only subject to Company's manuscript additional insured endorsement under its primary Commercial General Liability policies. In no event does Company or its insurer waive its right of subrogation 18. Force Majeure. Company's duty to perform under this Agreement is contingent upon the non-occurrence of an Event of Force Majeure. If Company shall be unable to carry out any material obligation under this Agreement due to an Event of Force Majeure, this Agreement shall at Company's election (i) remain in effect but Company's obligations shall be suspended until the uncontrollable event terminates or (ii) be terminated upon ten (10) days notice to Customer, in which event Customer shall pay Company for all parts of the Services furnished to the date of termination. An "Event of Force Majeure" shall mean any cause or event beyond the control of Company. Without limiting the foregoing, "Event of Force Majeure" includes: acts of God; acts of terrorism, war or the public enemy; flood; earthquake; lightning; tornado; storm; fire; civil disobedience; pandemic insurrections; riots; labor disputes; labor or material shortages; sabotage; restraint by court order or public authority (whether valid or invalid), and action or non -action by or inability to obtain or keep in force the necessary governmental authorizations, permits, licenses, certificates or approvals if not caused by Company and the requirements of any applicable government in any manner that diverts either the material or the finished product to the direct or indirect benefit of the government. 19. General. Except as provided below, to the maximum extent provided by law, this Agreement is made and shall be interpreted and enforced in accordance with the laws of the state or province in which the Services are performed without regard to choice of law principles which might otherwise call for the application of a different state's or province's law. Any dispute arising under or relating to this Agreement that is not disposed of by agreement shall be decided by litigation in a court of competent jurisdiction located in the state or province in which the Services are performed. Any action or suit arising out of or related to this Agreement must be commenced within one year after the cause of action has accrued. To the extent the premises are owned and/or operated by any agency of the United States Federal Government, determination of any substantive issue of law shall be according to the United States Federal common law of Government contracts as enunciated and applied by Federal judicial bodies and boards of contract appeals of the Federal Government. This Agreement contains all of the agreements, representations and understandings of the parties and supersedes all previous understandings, commitments or agreements, oral or written, related to the Services. No documents shall be incorporated herein by reference except to the extent Company is a signatory thereon. If any term or condition of this Agreement is invalid, illegal or incapable of being enforced by any rule of law, all other terms and conditions of this Agreement will nevertheless remain in full force and effect as long as the economic or legal substance of the transaction contemplated hereby is not affected in a manner adverse to any party hereto. Customer may not assign, transfer, or convey this Agreement, or any part hereof, without the written consent of Company. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties hereto and their permitted successors and assigns. This Agreement may be executed in several counterparts, each of which when executed shall be deemed to be an original, but all together shall constitute but one and the same Agreement. A fully executed facsimile copy hereof or the several counterparts shall suffice as an original. No modifications, additions or changes may be made to this Agreement except in a writing signed by Company. No failure or delay by the Company in enforcing any right or exercising any remedy under this Agreement shall be deemed to be a waiver by the Company of any right or remedy. 20. Equal Employment Opportunity/Affirmative Action Clause. Company is a United States federal contractor that complies fully with Executive Order 11246, as amended, and the applicable regulations contained in 41 C.F.R. Parts 60-1 through 60-60, 29 U.S.C. Section 793 and the applicable regulations contained in 41 C.F.R. Part 60-741; and 38 U.S.C. Section 4212 and the applicable regulations contained in 41 C.F.R. Part 60-250; and Executive Order 13496 and Section 29 CFR 471, appendix A to subpart A, regarding the notice of employee rights in the United States and with Canadian Charter of Rights and Freedoms Schedule B to the Canada Act 1982 (U.K.) 1982, c. 11 and applicable Provincial Human Rights Codes and employment law in Canada. 1-10.48 (0720) Supersedes 1-10.48 (0919) 21. Termination: Either party may terminate the Agreement without cause at any time upon thirty (30) calendar days prior written notice to the other party. Page 175 of 1533 22. Scrutinized Companies Termination: The County may immediately terminate the Contract without cause at any time upon ascertaining that pursuant to § 287.135, Florida Statutes, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local government entity for goods or services if at the time of bidding or submitting a proposal for a new contract or renewal of an existing contract, or at any time thereafter, the company: (1) is on the Scrutinized Companies that Boycott Israel List, created pursuant to § 215.4725, Florida Statutes, or is engaged in a boycott of Israel; (2) is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to § 215.473, Florida Statutes; or (3) is engaged in business operations in Cuba or Syria. Furthermore, the County may immediately terminate the Contract if it is determined that the company submitted a false certification stating that it was not (1) on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel; (2) was not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; (3) or was not engaged in business operations in Cuba or Syria when in fact the company was engaged in such activities at the time of the bid or proposal, or at the time of entering into or renewing the Contract. 23. Public Records: The Company shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by The Company in conjunction with this Contract. Specifically, The Company shall: (a) Keep and maintain public records required by the County to perform the service. (b) Upon request from the County's custodian of public records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Section 119 Florida Statutes or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if The Company does not transfer the records to the County. (d) Upon completion of the Contract, transfer, at no cost, to the County all public records in possession of The Company or keep and maintain public records required by the County to perform the service. If The Company transfers all public records to the County upon completion of the Contract, The Company shall destroy any duplicate public records that are exempt or confidential and exempt from public record disclosure requirements. If The Company keeps and maintains public records upon completion of the Contract, The Company shall meet all applicable requirements for retaining public records. All record stored electronically must be provided to the County, upon request from the County's custodian of public records, in a format that is compatible with the information technology system of the County. IF THE COMPANY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE COMPANY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (772)462-1441, BellamyS@stiucieco.org, COUNTY ATTORNEY'S OFFICE 2300 VIRGINIA AVENUE, FORT PIERCE, FL 34982 24. Interpretation; Venue: This Contract 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 Contract may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Contract 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 Contract, venue shall be exclusively in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 25. E-VERIFY/ VERIFICATION OF EMPLOYMENT STATUS: Effective January 1, 2021, As required by Section 448.095(2)(a), The Company and subcontractor shall register with and use the E-Verify System to verify the work authorization status of all newly hired employees. The County, Contractor, or subcontractor may not enter into a Contract unless each party to the Contract registers with and uses the E-Verify System. The Company shall provide documentation of their compliance of this requirement to the County upon request. If The Company enters into a contract with a subcontractor, the subcontractor must provide The Company with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an authorized alien. The Company shall maintain a copy of such affidavit for the duration of this Contract. The County will not intentionally award contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions of the Immigration and Nationality Act ("INA"). The County shall consider the employment by The Company of unauthorized aliens a violation of 8 U.S.C. Section 1324a(e) [Section 274A(e) of the INA]. The Company agrees that such violation by The Company shall be grounds for the unilateral cancellation of this Contract by the County. Page 176 of 1533 8.F.3. TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Jeffrey Dougherty, Director Facilities Department CONSENT AGENDA - FACILITIES DEPARTMENT DATE: 12/6/2022 *ACTION ITEM - CONTRACT QUASI-JUDICIAL ITEM? No Contract - Rock Road Jail RTU Replacements Phase I The St. Lucie County Jail has many HVAC units that have exceeded their lifecycle and in need of replacement. In the first phase of this project, Pods A2, A3 and A4 have fifteen (15) rooftop air handling units that were installed in 2003 - 2004 and in need of replacement. The replacements will increase energy efficiency and provide more system reliability. Trane has submitted proposals via the Omni Partners/US Communities contract. Proposal number H6-125310- 22-013 in the amount of $699,036.00 is for the direct purchase of the equipment. Omni Partners Contract # 3341 includes the complete turnkey removal of existing units and the installation of the new equipment at a cost of $1,603,845.00. The total cost of the project is $2,302,881.00 PREVIOUS ACTION: N/A FINANCIAL IMPACT: Sufficient funding is available in Facilities Maintenance Improvements Project 316-1930-546200-19076 in the amount of $1,325,000.00; Facilities Maintenance Improvement Project account 107-1930-546200-19076 in the amount of $967,176.00, and One -Time Funding Maintenance Improvement Account 107009-1930- 546200-19076 in the amount of $250,000. RECOMMENDATION: Staff recommends Board approval to proceed with the direct purchase of 15 roof top units via US Communities proposal number H6-125310-22-013 in the amount of $699,036.00 and approve replacement work by Trane via Trane-Omni Partners Contract # 3341 at a cost of $1,603,845.00, for a total cost of $2,302,881.00, and authorize the Chair to sign the agreement as approved by the County Attorney. COMMISSION ACTION: Page 177 of 1533 RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: November 16, 2022 Scott Beaulieu, Facilities Assistant Director Jeffrey Dougherty, Director Jennifer Hill, Office of Management & Budget Director N � r Daniel McIntyre, County Attorney X4;; Alphonso Jefferson, Deputy County Administrator Date: November 17, 2022 Date: November 17, 2022 Date: November 22, 2022 Date: November 22, 2022 Page 178 of 1533 0 riNNE0 Proposal Proposal is valid for 15 days. Customer must obtain credit approval and release order to production within 60 days of proposal date. Prepared For: St Lucie County Board of County Commissioners Job Name: SLC Rock Road Jail Pods A2-A4 HVAC Repl Delivery Terms: Freight Allowed and Prepaid - F.O.B. Factory Date: October 13, 2022 Proposal Number: H6-62921-4261-1 US Communities Proposal Number. H6-125310-22-013 US Communities Contract Number. 15-JLP-023 Payment Terms: Net 30 Days Trane U.S. Inc. is pleased to provide the following proposal for your review and approval. Tag Data - T-Flex Custom CHW Rooftop AHU (Qty: 15) Item I Tag(s) Qty Description Al RTU-A2-1, A2-2, A2-3, A2-4, A3-1, A3-2, A3-3, A3-4, A4-1, A4-2, A4-3, A4-4 12 3400 CFM CHW Rooftop AHU A2 RTU-A2-5, A3-5, A4-5 3 1000 CFM CHW Rooftop AHU Product Data - T-Flex Custom Rooftop AHU All Units: T-Flex Chilled Water Rooftop/Outdoor Air Handling Unit (unit will ship one piece) Downflow Supply / Upflow Return / Back OA Hood 2" Double wall solid construction, standard base rail, galvanized steel interior and exterior Air dry enamel finish (customer to provide color code) Fully insulated throughout with polyisocyanu rate foam board insulation Access doors or removable panels to all sections as necessary Mixing section with Greenheck VCD-33 low leak Dampers with 24v SR actuators (control wiring by others) Greenheck EM-31 Backdraft damper on exhaust 4" Merv-13 Pleated filters, (1 set included) (1) Modine Heatcraft CHW Cooling coil w/ electrofin coating, piped to exterior of unit SS drain pan with drain connection (1) Comfri Atli belt -driven bottom discharge fan Control cabinet with Indeeco SCR electric heat strip w/ disconnect switch Factory -installed Trane TR200 VFD (No Bypass) with main disconnect & drive fuses in control cabinet & wire to fan (Incoming power by others), Factory VFD start-up included Greentrol O/A probes in O/A hood with monitor in electrical panel, (Controls Contractor to provide 24v power to monitor and control wiring from the monitor panel to the BAS or other control system) Curb Adapter incl wind -load calculations (Field installed) 1 year Parts Warranty from ship date Item: Al Qty: 12 Tag(s): RTU-A2-1, A2-2, A2-3, A24, A3-1, A3-2, A3-3, A34, A4-1, A4-2, A4-3, A4-4 Unit components sized for 460/60/3 Phase 12" fan wheel (3400 CFM at 2.5" TSP) 3 HP fan motor (2) extra 3 HP VFDs for shelf stock 20 kW heater capacity Item: A2 Qty: 3 Tag(s): RTU-A2-5, A3-5, A4-5 Unit components sized for 208/60/3 Phase. 9" fan wheel (1000 CFM at 2.8" TSP) 1 HP fan motor (1) extra 1 HP VFD for shelf stock 7.5 kW heater capacity © 2022 Trane Technologies All rights reserved Proposal - Supplied Equipment - Rock Road Jail A2-A4 Pods HVAC Repl 10-13- 2022.docx Page 179 of 1533 SLC Rock Road Jail Pods Al-A4 HVAC Repl October 13, 2022 NOT INCLUDED: Controls / Controllers, CHW Valves, SP Disconnect Switches, UV Lights, Convenience outlets, VFD Bypass, Factory Start-up, Total Net Price (Excluding Sales Tax)................................................................................. $ 699,036. Pricing is based on current lead times. VOLUNTARY ADD OPTION (Price is based on Qtv 15 units): • ADD for Exterior cabinet coating (Additional layer of cabinet protection — 2-part clear coat): + $ 11,170. Sincerely, Chris Cowling Trane U.S. Inc. 6965 Vista Parkway North, Suite 11 West Palm Beach, FL 33411 Office Phone: (561) 683-1521 COVID-19 NATIONAL EMERGENCY CLAUSE The parties agree that they are entering into this Agreement while the nation is in the midst of a national emergency due to the Covid-19 pandemic ("Covid-19 Pandemic"). With the continued existence of Covid-19 Pandemic and the evolving guidelines and executive orders, it is difficult to determine the impact of the Covid-19 Pandemic on Trane's performance under this Agreement. Consequently, the parties agree as follows: 1. Each party shall use commercially reasonable efforts to perform its obligations under the Agreement and to meet the schedule and completion dates, subject to provisions below; 2. Each party will abide by any federal, state (U.S.), provincial (Canada) or local orders, directives, or advisories regarding the Covid-19 Pandemic with respect to its performance of its obligations under this Agreement and each shall have the sole discretion in determining the appropriate and responsible actions such party shall undertake to so abide or to safeguard its employees, subcontractors, agents and suppliers; 3. Each party shall use commercially reasonable efforts to keep the other party informed of pertinent updates or developments regarding its obligations as the Covid-19 Pandemic situation evolves; and 4. If Trane's performance is delayed or suspended as a result of the Covid-19 Pandemic, Trane shall be entitled to an equitable adjustment to the project schedule and/or the contract price. This proposal is subject to your acceptance of the attached Trane terms and conditions. Equipment Proposal Page 2 of 2 Page 180 of 1533 TERMS AND CONDITIONS - COMMERCIAL EQUIPMENT "Company" shall mean Trane U.S. Inc.. 1. Acceptance. These terms and conditions are an integral part of Company's offer and form the basis of any agreement (the "Agreement") resulting from Company's proposal (the "Proposal") for the sale of the described commercial equipment and any ancillary services (the "Equipment"), COMPANY'S TERMS AND CONDITIONS AND EQUIPMENT PRICES ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT. The Proposal is subject to acceptance in writing by the party to whom this offer is made or an authorized agent ("Customer") delivered to Company within 30 days from the date of the Proposal. Prices in the Proposal are subject to change at any time upon notice to Customer. If Customer accepts the Proposal by placing an order, without the addition of any other terms and conditions of sale or any other modification, Customer's order shall be deemed acceptance of the Proposal subject to Company's terms and conditions. If Customer's order is expressly conditioned upon Company's acceptance or assent to terms and/or conditions other than those expressed herein, return of such order by Company with Company's terms and conditions attached or referenced serves as Company's notice of objection to Customer's terms and as Company's counteroffer to provide Equipment in accordance with the Proposal and the Company's terms and conditions. If GbiqlwmeF does met Feject or ohjeet� Ile Customer's acceptance of the Equipment will in any event constitute an acceptance by Customer of Company's terms and conditions. This Agreement is subject to credit approval by Company. Upon disapproval of credit, Company may delay or suspend performance or, at its option, renegotiate prices andlor terms and conditions with Customer. If Company and Customer are unable to agree on such revisions, this Agreement shall be cancelled without any liability. As amended and attached as Exhibit "A" 2. Connected Services. In addition to these terms and conditions, the Connected Services Terms of Service ("Connected ervices Terms"), available at https:llwww.trane.cornlTraneConnoctedServicesTerms, as updated from time to time, are incorporated herein by eference and shall apply to the extent that Company provides Customer with Connected Services, as defined in the Connected Services Terms. 3. Title and Risk of Loss. All Equipment sales with destinations to Canada orthe U.S. shall be made as follows: FOB Company's U.S. manufacturing facility or warehouse (full freight allowed). Title and risk of loss or damage to Equipment will pass to Customer upon tender of delivery of such to carrier at Company's U.S. manufacturing facility or warehouse. a. Pricing and Taxes., Within thirty (30) days following Customer acceptance of the Proposal without addition of any other terms and conditions of sale or any modification, Customer shall provide notification of release for immediate production at Company's factory. Prlees for Equipment of eorriplinnee, ei any othein event beyond Gormpnny'�� eantfel. if shipment me delayed due ila Gustemei:'s eatiena, Gempai:iy may also GhaF99 Gumemor with 6teFaete fees. If a release is not received within 6 months following order acceptance, Company reserves the right to cancel any order. Ge► gmmy In no event will prices be decreased. The price of Equipment does not include any present or future foreign, federal, state, or local property, license, privilege, sales, use, excise, value added, gross receipts or other like taxes or assessments. Such amounts will be itemized separately to Customer, who will make prompt payment to Company. Company will accept valid exemption documentation for such taxes and assessments from Customer, if applicable. All prices include packaging in accordance with Company's standard procedures. Charges for special packaging, crating or packing are the responsibility of Customer. S. Delivery and Delays. Delivery dates are approximate and not guaranteed. Company will use commercially reasonable efforts to deliver the Equipment on or before the estimated delivery date, will notify Customer if the estimated delivery dates cannot be honored, and will deliver the Equipment and services as soon as practicable thereafter. In no event will Company be liable for any damages or expenses caused by delays in delivery. 6. Performance. Company shall be obligated to furnish only the Equipment described in the Proposal and in submittal data (if such data is issued in connection with the order). Company may rely on the acceptance of the Proposal and submittal data as acceptance of the suitability of the Equipment for the particular project or location. Unless specifically stated in the Proposal, compliance with any local building codes or other laws or regulations relating to specifications or the location, use or operation of the Equipment is the sole responsibility of Customer. If Equipment is tendered that does not fully comply with the provisions of this Agreement and Equipment is rejected by Customer, Company will have the right to cure within a reasonable time after notice thereof by substituting a conforming tender whether or not the time for performance has passed. 7. Forco Majeure. Company's duty to perform under this Agreement and the Equipment prices are contingent upon the non-occurrence of an Event of Force Majeure. If the Company shall be unable to carry out any material obligation under this Agreement due to an Event of Force Majeure, this Agreement shall at Company's election (i) remain in effect but Company's obligations shall be suspended until the uncontrollable event terminates or (it) be terminated upon 10 days' notice to Customer, in which event Customer shall pay Company for all parts of the Work furnished to the date of termination. An "Event of Force Majeure" shall mean any cause or event beyond the control of Company. Without limiting the foregoing, "Event of Force Majeure" includes: acts of God; acts of terrorism, war or the public enemy; flood; earthquake; tornado; storm; fire; civil disobedience; pandemic insurrections; riots; laborllabour disputes; laborllabour or material shortages; sabotage; restraint by court order or public authority (whether valid or invalid); and action or non -action by or inability to obtain or keep in force the necessary governmental authorizations, permits, licenses, certificates or approvals if not caused by Company; and the requirements of any applicable government in any manner that diverts either the material or the finished product to the direct or indirect benefit of the government. 8. Limited Warranty. Company warrants the Equipment manufactured by Company for a period of the lesser of 12 months from initial start-up or 18 months from date of shipment, whichever is less, against failure due to defects in material and manufacture and that it has the capacities and ratings set forth in Company's catalogs and bulletins ("Warranty"). Equipment manufactured by Company that includes required start-up and sold in North America will not be warranted by Company unless Company performs the Equipment startup. Exclusions from this Warranty include damage or failure arising from: wear and tear; corrosion, erosion, deterioration; modifications made by others to the Equipment; repairs or alterations by a party other than. Company that adversely affects the stability or reliability of the Equipment; vandalism; neglect; accident; adverse weather or environmental conditions; abuse or improper use; improper installation; commissioning by a party other than Company; unusual physical or electrical or mechanical stress; operation with any accessory, equipment or part not specifically approved by Company; refrigerant not supplied by Company; and/or lack of proper maintenance as recommended by Company. Company shall not be obligated to pay for the cost of lost refrigerant or lost product. Company's obligations and liabilities under this Warranty are limited to furnishing replacement equipment or parts, at its option, FCA (Incoterms 2000) factory orwarehouse (f.o.b. factory orwarehouse for US domestic purposes) at Company -designated shipping point, freight -allowed to Company's warranty agent's stock location, for all non -conforming Company -manufactured Equipment (which have been returned by Customer to Company). Returns must have prior written approval by Company and are subject to restocking charge where applicable. Equipment, material and/or parts that are not manufactured by Company ("Third -Party Products)") are not warranted by Company and have such warranties as may be extended by the respective manufacturer. CUSTOMER UNDERSTANDS THAT COMPANY IS NOT THE MANUFACTURER OF ANY THIRD -PARTY PRODUCT(S) AND ANY WARRANTIES, CLAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS ARE THOSE OF THE THIRD - PARTY MANUFACTURER, NOT COMPANY AND CUSTOMER IS NOT RELYING ON ANY WARRANTIES, CLAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS REGARDING THE THIRD -PARTY PRODUCT THAT MAY BE PROVIDED BY COMPANY OR ITS AFFILIATES, WHETHER ORAL OR WRITTEN. COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.ADDITIONALLY, COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND REGARDING PREVENTING., ELIMINATING, REDUCING OR INHIBITING ANY MOLD, FUNGUS, BACTERIA, VIRUS, MICROBIAL GROWTH, OR ANY OTHER CONTAMINANTS (INCLUDING COVID-19 OR ANY SIMILAR VIRUS) (COLLECTIVELY, "CONTAMINANTS"), WHETHER INVOLVING OR IN CONNECTION WITH EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR OTHERWISE. IN NO EVENT SHALL COMPANY HAVE ANY LIABILITY FOR THE PREVENTION, ELIMINATION, REDUCTION © 2022 Trane Technologies All rights reserved Proposal - SLC Fairgrounds AC Equipment Repl 1-19-22.docx Page 181 of 1533 SLC - Fairgrounds AC Equipment Replacement January 19, 2022 OR INHIBITION OF THE GROWTH OR SPREAD OF SUCH CONTAMINANTS INVOLVING OR IN CONNECTION WITH ANY EQUIPMENT, THIRD -PARTY PRODUCT, OR ANY COMPONENT THEREOF, SERVICES OR OTHERWISE AND CUSTOMER HEREBY SPECIFICALLY ACKNOWLDGES AND AGREES THERETO. No warranty liability whatsoever shall attach to Company until Customer's complete order has been paid for in full and Company's liability under this Warranty shall be limited to the purchase price of the Equipment shown to be defective. Additional warranty protection is available on an extra -cost basis and must be in writing and agreed to by an authorized signatory of the Company. EXCEPT FOR COMPANY'S WARRANTY EXPRESSLY SET FORTH HEREIN, COMPANY DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS, ANY WARRANTIES, EXPRESS OR IMPLIED CONCERNING ITS PRODUCTS, EQUIPMENT OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF DESIGN, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, OR OTHERS THAT ARE ALLEGED TO ARISE FROM COURSE OF DEALING OR TRADE. 9. Indemnity. To the fullest extent permitted by law, Company and Customer shall indemnify, defend and hold harmless each other from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, resulting from death or bodily injury or damage to real or personal property, to the extent caused by the negligence or misconduct of their respective employees or other authorized agents in connection with their activities within the scope of this Agreement. Neither party shall indemnify the other against claims, damages, expenses or liabilities to the extent attributable to the acts or omissions of the other party. If the parties are both at fault, the obligation to indemnify shall be proportional to their relative fault. The duty to indemnify will continue in full force and effect, notwithstanding the expiration or early termination hereof, with respect to any claims based on facts or conditions that occurred prior to expiration or termination. 10. Insurance. Upon request, Company will furnish evidence of its standard insurance coverage. If Customer has requested to be named as an additional insured under Company's insurance policy, Company will do so but only subject to Company's manuscript additional insured endorsement under its primary Commercial General Liability policies. In no event does Company waive any rights of subrogation. 11. Customer Breach. Each of the following events or conditions shall constitute a breach by Customer and shall give Company the right, without an election of remedies, to terminate this Agreement, require payment prior to shipping, or suspend performance by delivery of written notice: (1) Any failure by Customer to pay amounts when due; (2) any general assignment by Customer for the benefit of its creditors, or if Customer becomes bankrupt or insolvent or takes the benefit of any statute for bankrupt or insolvent debtors, or makes or proposes to make any proposal or arrangement with creditors, or if any steps are taken for the winding up or other termination of Customer or the liquidation of its assets, or if a trustee, receiver, or similar person is appointed over any of the assets or interests of Customer; (3) Any representation or warranty furnished by Customer in connection with this Agreement is false or misleading in any material respect when made; or (4) Any failure by Customer to perform or comply with any material provision of this Agreement. Customer shall be liable to the Company for all Equipment furnished and all damages sustained by Company (including lost profit and overhead). 12. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT CONSEQUENTIAL, PUNITIVE, EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION REFRIGERANT LOSS, BUSINESS INTERRUPTION, LOST DATA, LOST REVENUE, LOST PROFITS),OR CONTAMINANTS LIABILITIES, EVEN IF A PARTY HAS BEEN ADVISED OF SUCH POSSIBLE DAMAGES OR IF SAME WERE REASONABLY FORESEEABLE AND REGARDLESS OF WHETHERTHE CAUSE OF ACTION IS FRAMED IN CONTRACT, NEGLIGENCE, ANY OTHERTORT, WARRANTY, STRICT LIABILITY, OR PRODUCT LIABILITY. In no event will Company's liability in connection with the provision of products or services or otherwise under this Agreement exceed the entire amount paid to Company by Customer under this Agreement. 13. CONTAMINANTS LIABILITY The transmission of COVID-19 may occur in a variety of ways and circumstances, many of the aspects of which are currently not known. HVAC systems, products, services and other offerings have not been tested for their effectiveness in reducing the spread of COVID-19, including through the air in closed environments. IN NO EVENT WILL COMPANY BE LIABLE UNDER THIS AGREEMENT OR OTHERWISE FOR ANY INDEMNIFICATION, ACTION, OR CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE, FOR ANY BODILY INJURY (INCLUDING DEATH), DAMAGE TO PROPERTY, OR ANY OTHER LIABILITIES, DAMAGES OR COSTS RELATED TO CONTAMINANTS (INCLUCING THE SPREAD, TRANSMISSION, MITIGATION, ELIMINATION, OR CONTAMINATION THEREOF) (COLLECTIVELY, "CONTAMINANTS LIABILITIES") AND CUSTOMER HEREBY EXPRESSLY RELEASES COMPANY FROM ANY SUCH CONTAMINANTS LIABILITIES. 14. Nuclear Liability. In the event that the Equipment sold hereunder is to be used in a nuclear facility, Customer will, prior to such use, arrange for insurance or governmental indemnity protecting Company against all liability and hereby releases and agrees to indemnify Company and its suppliers for any nuclear damage, including loss of use, in any manner arising out of a nuclear incident, whether alleged to be due, in whole or in part to the negligence or otherwise of Company or its suppliers. 16. Intellectual Property; Patent Indemnity. Company retains all ownership, license and other rights to all patents, trademarks, copyrights, trade secrets and other intellectual property rights related to the Equipment, and, except forthe right to use the Equipment sold, Customer obtains no rights to use any such intellectual property. Company agrees to defend any suit or proceeding brought against Customer so far as such suit or proceeding is solely based upon a claim that the use of the Equipment provided by Company constitutes infringement of any patent of the United States of America, provided Company is promptly notified in writing and given authority, information and assistance for defense of same. Company will, at its option, procure for Customer the right to continue to use said Equipment, or modify it so that it becomes non -infringing, or replace same with non - infringing Equipment, or to remove said Equipment and to refund the purchase price. The foregoing will not be construed to include any Agreement by Company to accept any liability whatsoever in respect to patents for inventions including more than the Equipment furnished hereunder, or in respect of patents for methods and processes to be carried out with the aid of said Equipment. The provision of Equipment by Company does not convey any license, by implication, estoppel, or otherwise, under patent claims covering combinations of said Equipment with other devices or elements. The foregoing states the entire liability of Company with regard to patent infringement. Notwithstanding the provisions of this paragraph, Customer will hold Company harmless against any expense or loss resulting from infringement of patents or trademarks arising from compliance with Customer's designs or specifications or instructions, Is. Ganeellatlem Equipment 06 speGially manwfaetumd In Fespqn6e to orders- AA order plaGod with and aGGOPtOd by COMP2AY r214"G1 be dQ! 17, Invoicing and Payment. Unless otherwise agreed to in writing by Company, equipment shall be invoiced to Customer upon tender of delivery thereof to the carrier. Customer shall pay Company's invoices within net 30 days of shipment date. Company reserves the right to add to any account outstanding for more than 30 days a service charge equal to the lesser of the maximum allowable legal interest rate or 1.5% of the principal amount due at the end of each month. If requested, Company will provide appropriate lien waivers upon receipt of payment. Company may at any time decline to ship, make delivery or perform work except upon receipt of cash payment, letter of credit, or security, or upon other terms and conditions satisfactory to Company. 6tistonier agrees thett, tjmles� 6tiateffier makes Payffiel9t In advanee, Gampamy will have R Pufflhese FmeMey SeellFity intefest M mll te seewe payfigent in full of till angetimts due GOMPSny and ItS efflef fOF the Equipmei9t, legelher with these terrrm /129 Equipment Proposal Page 4 of 6 Page 182 of 1533 SLC - Fairgrounds AC Equipment Replacement January 19, 2022 Ganada). Customer shall keep the Equipment free of all taxes and encumbrances, shall not remove the Equipment from its original installation point and shall not assign or transfer any interest in the Equipment until all payments due Company have been made. 16. Claims. Company will consider claims for concealed shortages in shipments or rejections due to failure to conform to an order only if such claims or rejections are made in writing within 15 days of delivery and are accompanied by the packing list and, if applicable, the reasons in detail why the Equipment does not conform to Customer's order, Upon receiving authorization and shipping instructions from authorized personnel of Company, Customer may return rejected Equipment, transportation charges prepaid, for replacement. Company may charge Customer any costs resulting from the testing, handling, and disposition of any Equipment returned by Customer which are not found by Company to be nonconforming. All Equipment damaged during shipment and all claims relating thereto must be made with the freight carrier in accordance with such carrier's policies and procedures. Claims for Equipment damaged during shipment are not covered under the warranty provision stated herein. 19. Export Laws. The obligation of Company to supply Equipment under this Agreement is subject to the ability of Company to supply such items consistent with applicable laws and regulations of the United States and other governments. Company reserves the right to refuse to enter into or perform any order, and to cancel any order, under this Agreement if Company in its sole discretion determines that performance of the transaction to which such order relates would violate any such applicable law or regulation. Customer will pay all handling and other similar costs from Company's factories including the costs of freight, insurance, export clearances, import duties and taxes. Customer will be "exporter of record" with respect to any export from the United States of America and will perform all compliance and logistics functions in connection therewith and will also comply with all applicable laws, rules and regulations. Customer understands that Company and/or the Equipment are subject to laws and regulations of the United States of America which may require licensing or authorization for and/or prohibit export, re-export or diversion of Company's Equipment to certain countries, and agrees it will not knowingly assist or participate in any such diversion or other violation of applicable United States of America laws and regulations. FAquipment d 20. General. Except as provided below, to the maxiextent provided by law, this Agreement is made and shall be interpreted and enforced in accordance with the laws of the state of New-Vefk shipped to a U.S. location and the laws of the province to which Equipment is shipped within Canada, without regard to its conflict of law principles that might otherwise call for the application of a different state's or province's law, and not including the United Nations Convention on Contracts for the International Sale of Goods. Any action or suit arising out of or related to this Agreement must be commenced within one year after the cause of action has accrued. To the extent the Equipment is being used at a site owned and/or operated by any agency of the Federal Government, determination of any substantive issue of law shall be according to the Federal common law of Government contracts as enunciated and applied by Federal judicial bodies and boards of contract appeals of the Federal Government. This Agreement contains all of the agreements, representations and understandings of the parties and supersedes all previous understandings, commitments or agreements, oral or written, related to the subject matter hereof. This Agreement may not be amended, modified or terminated except by a writing signed by the parties hereto, No documents shall be incorporated herein by reference except to the extent Company is a signatory thereon. If any term or condition of this Agreement is invalid, illegal or incapable of being enforced by any rule of law, all other terms and conditions of this Agreement will nevertheless remain in full force and effect as long as the economic or legal substance of the transaction contemplated hereby is not affected in a manner adverse to any party hereto. Customer may not assign, transfer, or convey this Agreement, or any part hereof, or its right, title or interest herein, without the written consent of the Company. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of Customers permitted successors and assigns. This Agreement may be executed in several counterparts, each of which when executed shall be deemed to bean original, but all together shall constitute but one and the same Agreement. A fully executed facsimile copy hereof or the several counterparts shall suffice as an original. 21. Equal Employment Opportunity/Affirmative Action Clause. Company is a federal contractor that complies fully with Executive Order 11246, as amended, and the applicable regulations contained in 41 C.F.R. Parts 60-1 through 60-60, 29 U.S.C. Section 793 and the applicable regulations contained in 41 C.F.R. Part 60-741; and 38 U.S.C. Section 4212 and the applicable regulations contained in 41 C.F.R. Part 60-250 Executive Order 13496 and Section 29 CFR 471, appendix A to subpart A. regarding the notice of employee rights in the United States and with Canadian Charter of Rights and Freedoms Schedule B to the Canada Act 1982 (U.K.) 1982, c. 11 and applicable Provincial Human Rights Codes and employment law in Canada. 22. U.S. Government Work. The following provision applies only to direct sales by Company to the US Government. The Parties acknowledge that Equipment ordered and delivered under this Agreement are Commercial Items as defined under Part 12 of the Federal Acquisition Regulation (FAR). In particular, Company agrees to be bound only by those Federal contracting clauses that apply to "commercial" suppliers and that are contained in FAR 52.212- 5(e)(1). The following provision applies only to indirect sales by Company to the US Government. As a Commercial Item Subcontractor, Company accepts only the following mandatory flow down provisions: 52.219-8; 52.222-26; 52.222-35; 52.222-36; 52.222-39; 52.247-64. If the sale of the Equipment is in connection with a U.S. Government contract, Customer certifies that it has provided and will provide current, accurate, and complete information, representations and certifications to all government officials, including but not limited to the contracting officer and officials of the Small Business Administration, on all matters related to the prime contract, including but not limited to all aspects of its ownership, eligibility, and performance. Anything herein notwithstanding. Company will have no obligations to Customer unless and until Customer provides Company with a true, correct and complete executed copy of the prime contract. Upon request, Customer will provide copies to Company of all requested written communications with any government official related to the prime contract prior to or concurrent with the execution thereof, including but not limited to any communications related to Customers ownership, eligibility or performance of the prime contract. Customer will obtain written authorization and approval from Company prior to providing any government official any information about Company's performance of the work that is the subject of the Proposal or this Agreement, other than the Proposal or this Agreement. 23. Limited Waiver of Sovereign Immunity. If Customer is an Indian tribe (in the U.S.) or a First Nation or Band Council (in Canada), Customer, whether acting in Its capacity as a government, governmental entity, a duly organized corporate entity or otherwise, for itself and for its agents, successors, and assigns: (1) hereby provides this limited waiver of its sovereign immunity as to any damages, claims, lawsuit, or cause of action (herein "Action") brought against Customer by Company and arising or alleged to arise out of the furnishing by Company of any product or service under this Agreement, whether such Action is based in contract, tort, strict liability, civil liability or any other legal theory; (2) agrees that jurisdiction and venue for any such Action shall be proper and valid (a) if Customer is in the U.S., in any state or United States court located in the state in which Company is performing this Agreement or (b) if Customer is in Canada, in the superior court of the province or territory in which the work was performed; (3) expressly consents to such Action, and waives any objection to jurisdiction or venue; (4) waives any requirement of exhaustion of tribal court or administrative remedies for any Action arising out of or related to this Agreement; and (5) expressly acknowledges and agrees that Company is not subject to the jurisdiction of Customer's tribal court or any similar tribal forum, that Customer will not bring any action against Company in tribal court, and that Customer will not avail itself of any ruling or direction of the tribal court permitting or directing it to suspend its payment or other obligations under this Agreement. The individual signing on behalf of Customer warrants and represents that such individual is duly authorized to provide this waiver and enter into this Agreement and that this Agreement constitutes the valid and legally binding obligation of Customer, enforceable in accordance with its terms. Equipment Proposal Page 5 v Page 183 of 1533 Addendum Terms and Conditions — Commercial Equipment Addendum Controlling: if there is a conflict between the terms and conditions of the Commercial Installation to which this Addendum is attached and this Addendum, this Addendum controls. Termination: Either party may terminate the Agreement without cause at any time upon thirty (30) calendar days prior written notice to the other party. Scrutinized Companies Termination: The County may immediately terminate the Contract without cause at any time upon ascertaining that pursuant to § 287.135, Florida Statutes, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local government entity for goods or services if at the time of bidding or submitting a proposal for a new contract or renewal of an existing contract, or at any time thereafter, the company: (1) is on the Scrutinized Companies that Boycott Israel List, created pursuant to § 215.4725, Florida Statutes, or is engaged in a boycott of Israel; (2) is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to § 215.473, Florida Statutes; or (3) is engaged in business operations in Cuba or Syria. Furthermore, the County may immediately terminate the Contract if it is determined that the company submitted a false certification stating that it was not (1) on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel; (2) was not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; (3) or was not engaged in business operations in Cuba or Syria when in fact the company was engaged in such activities at the time of the bid or proposal, or at the time of entering into or renewing the Contract. Public Records: The Company shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by The Company in conjunction with this Contract. Specifically, The Company shall: (a) Keep and maintain public records required by the County to perform the service. (b) Upon request from the County's custodian of public records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Section 119 Florida Statutes or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if The Company does not transfer the records to the County. (d) Upon completion of the Contract, transfer, at no cost, to the County all public records in possession of The Company or keep and maintain public records required by the County to perform the service. If The Company transfers all public records to the County upon completion of the Contract, The Company shall destroy any duplicate public records that are exempt or r. Page 184 of 1533 confidential and exempt from public record disclosure requirements. If The Company keeps and maintains public records upon completion of the Contract, The Company shall meet all applicable requirements for retaining public records. All record stored electronically must be provided to the County, upon request from the County's custodian of public records, in a format that is compatible with the information technology system of the County. IF THE COMPANY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE COMPANY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (772)462-1441, BellamyS@stlucieco.org, COUNTY ATTORNEY'S OFFICE 2300 VIRGINIA AVENUE, FORT PIERCE, FL 34982 INTERPRETATION; VENUE: This Contract 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 Contract may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Contract 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 Contract, venue shall be exclusively in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. E-VERIFY/ VERIFICATION OF EMPLOYMENT STATUS Effective January 1, 2021, As required by Section 448.095(2)(a), The Company and subcontractor shall register with and use the E-Verify System to verify the work authorization status of all newly hired employees. The County, Contractor, or subcontractor may not enter into a Contract unless each party to the Contract registers with and uses the E-Verify System. The Company shall provide documentation of their compliance of this requirement to the County upon request. If The Company enters into a contract with a subcontractor, the subcontractor must provide The Company with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an authorized alien. The Company shall maintain a copy of such affidavit for the duration of this Contract. The County will not intentionally award contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions of the Immigration and Nationality Act ("INA"). The County shall considerthe employment by The Company of unauthorized aliens a violation of 8 U.S.C. Section 1324a(e) [Section 274A(e) of the INA]. The Company agrees that such violation by The Company shall be grounds for the unilateral cancellation of this Contract by the County. TRANS: BY: /Pile TITLE: Area General Manager _ _ Page 185 of 1533 EXHIBIT "A" Connected Services Terms of Use These Connected Services Terms of Service apply to provision or performance of Connected Services by Trane (herein "Company") to the user, beneficiary, and/or owner (herein "Customer"). 1. Access Grant to Company. Customer hereby grants to Company the right to access, monitor, control and use Customer's equipment, products, controls, systems, and system elements, including, but not limited to, building automation systems ("BAS"), HVAC equipment, meters, and loggers (each a "Connected System") and Customer's network, network infrastructure, telephone line, modem, and other communication equipment ("Communication Systems" and, together with Connected Systems, "Systems") to perform any of the following services (collectively, the "Connected Services"): (i) view, collect, extract, transmit, process, and use data relating to the performance and condition of Connected Systems ("System Data") and Customer's account information (together, "Customer Data"); (ii) diagnose, operate, modify, repair, and service Connected Systems, as requested by Customer; (iii) deliver services to Customer, including, without limitation, services (pursuant to a subscription agreement) through a web -based application hosted by Company, such as, but not limited to, Trane intelligent services, Tracer TM Synchrony, Tracer'" Ensemble, Energy Assessment, Active Monitoring, Building Performance, and Energy Performance (each and collectively referred to as "Hosted Services"); (iv) perform statistical or other analyses for its own purposes or on behalf of Customer, including, without limitation, analyses, histories, and trends based on metrics relating to engineering, failure, warranty, energy, predictive, service, and product usage; (v) install patches, bug fixes, updates, and other modifications ("Updates"); (vi) back up and/or restore Customer Data; (vii) investigate Security Incidents (as defined in the "Security Breach Notice" section below); (viii) verify compliance with these terms and any other terms applicable to the Connected Services, and (ix) perform other functions reasonably required to provide the contracted services and comply with applicable laws and regulations. Company's obligation to perform any Connected Services will depend upon products and services purchased from Company. 2. Systems. If Customer has purchased any Connected Services, Customer shall ensure that the Systems are made available, maintained, installed, and configured for the Connected Services and that Customer Data is available for collection. Company may provide Customer with recommended System elements, configurations, installations, and security measures. Customer acknowledges that the Connected Services do not include support of Customer's computer hardware, internet browsers, or Communication Systems. Company shall have no liability for (i) losses or the inability to perform due to malfunctioning or unavailable Systems; (ii) Customer's failure to comply with Company recommendations in writing; (iii) the failure to identify performance issues with the Systems or recommend corrective action to Customer; or (iv) any adverse impact to the Systems. Where Customer becomes aware in the ordinary course that Customer Data is not being collected, Customer is responsible for requesting support through the local Company office. 3. Users. Customer may be required to designate User(s) for purposes of accessing certain Connected Services. Customer shall use commercially reasonable efforts to ensure Users maintain the confidentiality of access credentials. Customer is solely responsible for User actions with regard to access to or use of the Connected Services, including from devices and workstations that interface with Connected Services. Customer shall designate a System Administrator to manage Users' access, including adding and subtracting Users. The System Administrator shall ensure that multiple Users do not share XeU6 Page 186 of 1533 access credentials. Company has the right to terminate or suspend access to the Connected Services at any time if Company believes in good faith that such termination or suspension is necessary to preserve the security, integrity, or accessibility of the Connected Services, Confidential Information, or Company's network. 4. Availability. Customer acknowledges that the availability, use, and reliability of the Connected Services, in whole or in part, depends on Communication Systems and third -party product vendors and service providers, including, without limitation, Customer's internet service and telecommunications provider(s) ("Third -Party Vendors"). Customer also acknowledges that Company has no control over the reliability of Third -Party Vendors. Customer acknowledges and agrees that Company shall not be held liable whatsoever for losses or Service, delivery, or performance failures attributable in whole or in part to Third -Party Vendors' outages or system failures. 5. Customer Data. All Customer Data shall be owned by Customer. Customer hereby grants to Company an irrevocable, perpetual, nonexclusive, worldwide, royalty -free, sublicenseable, and transferable right to process, reproduce, modify, display, distribute, prepare derivative works, and otherwise use Customer Data to perform the Connected Services and for MarkletiRg PWPOSeS subject to the limitations applicable to Confidential Information. Customer warrants to Company that its provision of Customer Data will not infringe upon the intellectual property rights or other legal rights of any person and will not breach any applicable law or regulation. Company shall not publicly disclose such data in any way that identifies Customer as the source of the Customer Data without Customer's prior written consent. Upon Customer's written request, Company will endeavor to provide Customer with a copy of Customer Data to the extent then available. Customer acknowledges and accepts that Company does not guarantee the availability of Customer Data. 6. Disaster Recovery. In the event Company experiences a problem with the Connected Services that results in or is expected to result in a loss of service in excess of five working days, Company may transfer the Connected Services to an alternative hosting environment. In such event, Customer acknowledges the following: (i) data imported after the most recent database backup may be lost; (ii) Company may use a different IP address to provide the Connected Services; (iii) Customer may be required to access the Connected Services via a different IP address and/or domain name; and (iv) data collection may not be available. 7. Privacy. In providing the Connected Services, Company will comply with the Trane Technologies Data Protection and Privacy Policy, available at https://www.tranetechnologies.com/en/indexlprivacy policy.html and incorporated herein by reference ("Privacy Policy"). The Privacy Policy is subject to change at Company's discretion, provided that such changes will not result in a material reduction in the level of protection for Customer Data during the period for which Connected Services fees have been paid. 8. Confidential Information. The Parties agree to take, at a minimum, commercially reasonable security precautions to protect Confidential Information as defined as Trade Secrets in Section 812.081 Florida Statutes, at all times, both during the term hereof and for a period of at least 3 years after the Confidential Information was furnished; provided, however, that any proprietary and trade secret information that is marked as such shall be held in confidence in perpetuity. Customer shall not permit any third party to access the Connected Services or physical hardware deployed at Customer's facilities to enable operation of the Connected Services except as expressly permitted in a written agreement between the parties. Customer acknowledges that, due to the nature of communication via the internet, Company cannot guarantee the security of Confidential Information or electronic communications passing A2 IF Page 187 of 1533 over the internet. Customer therefore acknowledges that by using the Connected Services, Customer accepts all risks associated with access to and storage of Customer Data, unless due to the negligence or wrongdoing of Company. 9. Security. Company has implemented various security measures for the purpose of protecting User's data against accidental or unlawful access, unauthorized disclosure, loss, destruction, and alteration. Customer and Users are responsible for maintaining the confidentiality of User name(s) and password(s). Customer and Users are responsible for all uses of password(s), whether or not authorized by Customer or Users. Customer must inform Company immediately of any unauthorized use of User name(s) or password(s). Transmission of data over the Internet by its nature entails the use of systems under the control of third parties, and as a result Company cannot ensure total control of the security of such systems. Company will take commercially reasonable efforts to ensure that data and other configuration parameters are not visible or accessed by other customers. Customer and Users acknowledge that the very nature of communication via the Internet restricts Company from offering any guarantee of the privacy or confidentiality of information relating passing over the Internet. In gaining access via the Internet, Customer and Users also acknowledge and accept that electronic communication may not be free from interference by unauthorized persons and may not remain confidential and accept that access and storage of data is at Customer's and Users' own risk. Customer shall immediately notify Company in writing of any actual or suspected unauthorized use of any Customer account or disclosure of Confidential Information ("Security Incident"). Customer shall cooperate with reasonable Company requests to investigate Security Incidents, regain possession of Confidential Information, and prevent further Security Incidents. 10. Maintenance Services. Depending on the type of Connected Service, Company may, but is not obligated to, automatically install Updates without providing additional notice or obtaining additional consent from Customer. Company may also provide Updates to Customer to install on its Connected Systems. Customer acknowledges that Updates may result in the Connected Services being unavailable from time to time. Company shall have no liability for any losses resulting from Customer's failure to install or to permit Company to install an Update or from the periodic unavailability of the Connected Services due to Updates. 11. Third -Party Products. The Connected Services may provide links to third -party websites and enable Customer to access content, products, and services of third parties ("Third -Party Products"). Customer acknowledges that Third -Party Products are not under Company's control, and Company does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third -Party Products. COMPANY HEREBY DISCLAIMS AND CUSTOMER HEREBY DISCHARGES, WAIVES AND RELEASES COMPANY AND ITS LICENSORS AND SUPPLIERS FROM ANY PAST, PRESENT, AND FUTURE CLAIMS, LIABILITIES, AND DAMAGES, KNOWN OR UNKNOWN, ARISING OUT OF OR RELATING TO CUSTOMER INTERACTIONS WITH THIRD -PARTY PRODUCTS. CUSTOMER HEREBY WAIVES CALIFORNIA CIVIL CODE SECTION 15421N CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." CUSTOMER HEREBY WAIVES ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION. 12. Company Liability. Customer agrees that Company, its affiliates and their respective directors, officers, employees and agents, and its licensors and suppliers shall not be liable for any damages, liabilities, claims or demands (including costs and attorneys' fees) made by any third party due to or arising 129 Page 188 of 1533 out of Customer's and each User's (i) use of the Connected Services and any associated deliverables; (ii) violation of the terms applicable to Connected Services; (iii) Company's possession or use of data, information or articles supplied by Customerto Company; and (iv) violation of any law orthe rights of any third party, including, but not limited to, the infringement of intellectual property rights resulting from the use or possession by Company of Customer Data. Notwithstanding the foregoing, Customer shall not be liable for the negligent acts or omissions of Company. Company Feserves the Fight to assurne, at _615tewer is req6lived to Gustemer agrees not to settle aRy 6ueh elaim withaut Company's pro -or v44te-H eensent. Company will use reasonable efforts to notify Customer of any such claim, action or proceeding upon becoming aware of it. 13. NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS LICENSORS AND SUPPLIERS PROVIDE THE CONNECTED SERVICES "AS IS" AND DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON —INFRINGEMENT OF THIRD - PARTY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM COMPANY OR THOUGH THE CONNECTED SERVICES SHALL CREATE ANY WARRANTY. COMPANY AND ITS LICENSORS AND SUPPLIERS DO NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE CONNECTED SERVICES, OR AS TO THE TIMELINESS, EFFICACY, OPERABILITY, COMPLETENESS, ACCURACY, RELIABILITY OR CONTENT OF THE CONNECTED SERVICES, OR OF ANY DESIGN, FUNCTION, PROCESS, INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH OR BY THE CONNECTED SERVICES. 14. Customer acknowledges that complex software applications are never entirely free from defects, errors, bugs, or vulnerabilities, and that the use of a remote connection is never entirely secure or free from interruption. NOTWITHSTANDING ANYTHING TO THE CONTRARY, COMPANY AND ITS LICENSORS AND SUPPLIERS DO NOT WARRANT THAT THE CONNECTED SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT COMPANY WILL CORRECT ALL ERRORS. 15. NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (A) IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS) ARISING FROM OR RELATING TO THE CONNECTED SERVICES, EVEN IF COMPANY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) COMPANY'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE CONNECTED SERVICES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED THE FEES ACTUALLY PAID BY CUSTOMER TO COMPANY FOR THE PORTION OF THE CONNECTED SERVICES AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. 16. Definitions. The following definitions apply to these Connected Services Terms; 16.1. "Company" shall mean Trane Canada ULC for a sale in Canada and Trane U.S, Inc. for a sale in the United States. Page 189 of 1533 16.2. "Confidential information" is defined as Trade Secrets in Section 812.081 Florida Statutes , forecasts,e, algGFuthrAS, WOW hOW, fGFMHIa5, PFOGesses, ideas, inventions (whetheF patentable er not) the FAStaHG--,,- Of di-SGI.,.-„ e ; nfidential to the diSGIG5iRg Pa Ft , Confidential Information excludes information that: (i) was or becomes publicly known through no fault of the receiving party; (ii) was rightfully known or becomes rightfully known to the receiving party without confidential or proprietary restriction from a source other than the disclosing party; (iii) is independently developed by the receiving party without the participation of individuals who have had access to the Confidential Information; (iv) is approved by the disclosing party for disclosure without restriction in a written document which is signed by a duly authorized officer of such disclosing party; or that (v) the receiving party is legally compelled to disclose; provided, however, that prior to any such eempelled required disclosure, the receiving party will (a) assert the privileged and confidential nature of tyre Confidential Information that is marked by Company as Confidential against the third party seeking disclosure and (b) cooperate fully with the disclosing party in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure and/or use of the Confidential Information which is marked by Company as Confidential. In the event that such protection against disclosure is not obtained, the receiving Party will be entitled to disclose the Confidential Information, but only as, and to the extent, necessary to legally comply with such compelled disclosure. 16.3. "laser" means an individual who has been authorized by Customer to use, and who has been supplied user identification and a password to access, the Connected Services by Customer (or by Company at Customer's request). Users may include but are not limited to Customer's employees, consultants, contractors and agents; or third parties with which the Customer transacts business. 129 Page 190 of 1533 Aft rAWE' I LET'S GO BEYOND TM FPL_,� .. . r 7 1 2884 Corporate Way • Miramar FL 33025 • Tel 954 499 6900 • Fax 954 499 6901 Prepared For: Bob Ettswold St. Lucie County job Name: Rock Road jail RTU Replacements Trane - Omnia Partners Contract: #3341 Attention Bob: Project Location: St. Lucie County Rock Road Jail 900 North Rock Road Ft. Pierce, Florida 34945 Date: October 14, 2022 Trane is pleased to provide the following proposal for installation only of (15) existing Chilled Water roof top units, located at the above referenced site and currently serving Pods A2, A3 & A4. The new chilled water roof top RTUs along with the required curb adapters are to be owner furnished and are not included in this installation proposal. A Controls Upgrade and the associated Fire Alarm work for each of the new RTUs, is also included in our installation and replacement scope of work. Our proposal reflects a comprehensive installation project and includes: Removal and proper disposal of existing RTUs and associated materials or debris, new piping, valves, ductwork, miscellaneous materials, subcontractors, supervision and project management, MEP design engineering and drawings by Salas O'Brien and permit acquisition (Fees not included). We have priced the project to be performed during normal weekday business hours. Per the County's direction, it is Trane's intent is to have each pod shut down for a period of no longer than 2-weeks. The (5) new RTU's being replaced at each pod, would be started, and placed into service by the end of the (2) week period. Our pricing and proposal are further defined by the following Installation Scope of Work. Pods A2, A3 & A4 RTU Mechanical Installation Scope: 1. Perform electrical lock -out & tag -out for each of the (5) chilled water RTUs serving each designated Pod, at the scheduled time of replacement 2. Removal of the (5) existing chilled water RTUs that currently serve the selected Pod, including haul away and proper off -site disposal of RTUs and any associated material or debris, per current EPA guidelines. 3. Drain the existing chilled water piping system down to a point where RTUs and isolation valves can be removed and new isolation valves installed, during a coordinated shutdown for each selected Pod. 4. Installation of (5) new owner furnished, custom roof curb adapters for each new RTU, to accommodate new unit footprint, and attach to existing roof curb per the included design documents, provided by Salas O'Brien. 5. Installation of (5) new owner furnished chilled water RTUs, and attach to the newly installed curb adapters, per the included design documents, provided by Salas O'Brien. (9--RTUs each, for Pods A2, A3, & A4) 6. Furnish and install new supply and return, manual isolation valves to serve each new RTU. Z Furnish and install new chilled water control valve to serve each new RTU. 8. Furnish and install new chilled water piping in Type-L copper as needed and extend from connections provided with new RTUs to the existing supply and return chilled water piping, and the newly installed isolation valves. 9. Furnish and install new chilled water pipe insulation for all new chilled water piping and any areas of disturbed insulation. 10. Furnish and install new sheet metal duct and/or fittings, as needed to reconnect the existing smoke exhaust ductwork and fan, to connections provided with each new RTU, per the included design documents. lAF" 191 of 1533 Electrical Installation Scope: 1. Disconnect and demolition of existing power wiring circuits to existing RTU's, as needed for removal. 2. Furnish and install new conduit and wire as needed, to extend existing power wiring circuit to electrical connections provided with new RTUs, per the current design documents. 3. Furnish and install new Outdoor Rated, 60A — Fused Disconnect switch for each new RTU. (19-total) 4. Replacement of all flexible LT conduits and connections to new RTUs. 9. Replace damaged GRC conduits not able to be reused, as needed. 6. Existing power circuit wiring and circuit breakers for RTUs are to remain and will be reused. 7. Remove the existing lightning protection at existing RTUs and reconnect as required to the new RTUs. 8. Make all final electrical terminations as required, for proper connection to new RTUs. 9. All electrical work performed by State Licensed and Certified Electrical Contractor. General Project Conditions & Clarifications: • Project Commencement date to begin upon issuance of Permit by Municipal Building Department. • Project Management, subcontractor, and material coordination. • Furnish all crane rigging and hoisting facilities, as needed to remove all existing equipment and set all new equipment into place. • Permit acquisition including application and inspections as required are included in our proposal. (Permit fees are not included, ifrequired) • Coordinate ship dates for new equipment and/or materials, including receiving, off-loading and equipment storage. • Furnish Signed & Sealed MEP design engineering and drawings as needed, provided by Florida Licensed Mechanical Engineer (Salas O'Brien). • Certified independent test and balance is included at the RTU only. Indoor readings or balancing are not included. • Start-up and performance check of the new HVAC equipment and systems, to be performed by Trane Factory Technician, upon completion of installation. • One year installation warranty on new parts, and labor. • Provide Project Management and Supervision, as required through completion of project, for all labor, subcontractors, deliveries, installations, technicians, equipment start-up and customer training. • Trane scope of work is for a like kind replacement of existing RTUs with new owner furnished RTUs. Trane is not responsible to identify deficiencies or engineer modifications to the existing building system design, specifications, building envelope, air distribution system including ductwork, VAV boxes, or building air balancing. • By performing this like for like equipment replacement, Trane does not assume responsibility for remediation of any issues that may exist pertaining to building envelope, air distribution, or indoor air quality. • This Trane proposal precedes any engineering, drawings, or documents. It is expected that all equipment, material and installation means, and methods, as described in this proposal, or associated with this proposal, will match the engineered drawings, and be approved by the Engineer of Record for this project. If it is determined by the Engineer of Record that any equipment, materials, or installation means, and methods described in this proposal, or associated with this proposal are not acceptable, the customer shall be responsible for any additional costs, due to required changes or modifications to this proposed scope of work. Mechanical Exclusions: • Permit Fees if required. • Performance & Payment Bond fees are not included. • New RTUs or Curb Adapters. • Repair or replacement of any other components, controls, valves, or safety devices that are not included above. • Life safety devices, smoke duct detectors, upgrade of any building code deficiencies, or associated labor of any kind. • Upgrades or modification to existing supply, return, or exhaust air ductwork, other than the reconnection at the new RTU. 2 7;� Rage 192 of 1533 • Asbestos identification, remediation, or abatement. • Mold or mildew testing, remediation, or abatement. • Upgrades or repairs to existing electrical service and/or equipment, beyond the specified scope. • Chemical Treatment for existing chilled water loop of any kind. • Any building code upgrades due to existing code violations, which are not included in the above scope of work. • Any changes or additions to the scope of work as described above. Siemens Controls - Scope of Work: Extend existing Siemens DDC Control System to accommodate new chilled water RTUs, per the following scope of work. Controls - General Project Services and Requirements: • Points as per the listing below. • One-year warranty from Substantial completion. • Engineering, Programming. Installation, Setup and Calibration, as built drawings. All equipment is UL Listed. • Installation, Setup and Calibration, as built drawings. • Standard Siemens Start-up and commissioning. • Siemens Standard graphics place on Existing Insight Workstation • Access to units will be during normal working hours. Controls - Electrical Installation • All wiring and devices shall be in Conduit and Plenum Cable where permitted by code. (Located at the unit) • Wiring to be numbered and labeled at each end of cable run. • Power to the Controllers will come from the new units power supply. • Existing Network wiring will be reused. If damaged or nonfunctioning, this will be an added cost. POD — A2, A3, A4 • POD — A2, A3 & A4 RTU's (5-RTUs per Pod / 15-Total RTUs) RTU Typical (15� • New Standalone controller (P1 /P2 controller), Mount inside of unit provided compartment. • Fan S/S and Status and VFD control. - • Filter Status (1- Al) • Outside air flow station (1) (Input point and Air flow station provided with unit.) • Outside air and return air damper actuators (2) (Actuators will come mounted and wired on unit) • Chilled water supply control Valve (1) • Mixed, and Supply Air Temperatures (2) • Chiller Water Pipe Supply and Return Temperature (2) • Space Humidity and Temperature sensors (2) — Mounted down inside of Return Duct. • Outside Air Temperature and humidity (1) (Reuse Existing Global point) • Electric Heat Percentage (SCR), (1-AO) • UV Lights (Provided on unit) • Devices will be terminated on unit supplied terminations. • Unit Controller to be mounted inside of AHU unit. Manufacturer to leave room for Siemens controller. • Reuse Existing DP sensors and points. Place on new controllers. • Fire Smoke Exhaust Fans • Fan S/S and status — Reuse existing conduit and connection. • Fire alarm system will turn Supply Fan on and off and Smoke Fans during smoke purge or alarm shutdown mode. 3 7;� Rage 193 of 1533 Controls Exclusions: • Not included: Install new BLN cable in existing conduit back to existing building level controller in each building. Note if existing conduit must be reworked due to roofremoval or any other conditions that will be an added cost. We are assuming that the existing conduit and network will be reused. • Fire Alarm Shutdown Relays, and Circuits, Fire/Smoke Dampers, Smoke Damper (120/24v) Actuators Temporary Controls. Verification of fire alarm or smoke control system. • Power Wiring or monitoring other than for Sensors or Control Panels. VFD Drives, VFD Controllers, VFD LAN cards AHU Fan Motor Starters, Transformers, Power Wiring, HOA, and Disconnects. • Duct heaters and internal controls, Transformers by heater Manufacturer. Exhaust/Relief Back Draft and Gravity Dampers, Control Dampers, Magnehelic gauges furnished by others. • Installation of Dampers, Valves, Duct Smoke Detectors. • No Smoke Dampers, Smoke Control is to be provided by others. • Installation of air Flow stations. Air Flow stations to come with unit. • Control Dampers, Air Flow dampers, • Standard Commissioning, Use Siemens recommended procedures for start-up and commissioning. • Conduit (rigid) and wiring of controller network: Note, if existing conduit must be reworked due to roof removal or any other conditions that will be an added cost. • Overtime for removal or replace of AHU's controls. • Demo will only be limited to unit network controls. Beyond that will be an added cost. • Conduit or wiring below the AHU units, inside of building. • Smoke Dampers and Actuators. • Ductwork extension for mounting of air flow station in unit. Installation of air flow stations. • Any work around or on the Roof • Repairs to conduit and wiring on Roof. Controls Inclusions: 1. Labor to provide Siemens standard submittals / record documents • System architecture (Siemens P1 Existing) • Network address schedule • System flow diagrams • Control installation / wiring diagrams • Control & Component Panel layouts • Valve schedule • Equipment / Instrumentation datasheets • Point database • Programming 2. Labor to provide installation and wiring, to include: • BMS conduit and wire at the unit as specified • BMS control and interlock wiring to smoke control fans. • Existing network to be reused. Per foot cost for replacement available 3. Labor to provide Siemens standard startup & checkout • Point database verification • Point-to-point • Loop checks • Sequence verification • Verify smoke control sequence at BMS level. All smoke control commands to be provided by existing Fire Alarm - smoke control sequences. Fire alarm company to conduct all smoke testing. See M4.1. M4.1 Smoke Testing is not included in this proposal. 4. Labor to provide Siemens project management, to include the following: • BMS project scope only and associated meetings and coordination as required by project schedule. 4 7;� Rage 194 of 1533 • Project meeting attendance. when needed. • Project documentation requirements. • Coordination with trades • Subcontractor management • Material ordering and delivery coordination • Project turnover documentation support 5. Labor to provide 8 hours of test and balance (TAB) support per pod 6. Labor to provide 8 hours to support Commissioning Agent per pod, to include • Commissioning of BMS • Smoke Control is by Fire alarm. Wiring and testing. Z Labor to provide (8 hours of Owner training) 8. 1-year parts and labor warranty upon beneficial use of systems Controls Clarifications: • Project cost includes tie in of the associated BMS system to the existing Siemens BMS front end workstation. using both existing wiring and new wiring at project locations. • All VFD's are to be provided, mounted, started, and wired by others. Siemens to integrate wire and point wire only. • All fire smoke dampers, fans and existing sequences provided by others for the smoke control. Siemens will control the AHU and smoke fans upon signal from fire alarm. • Unit manufacturer to furnish terminations for controls transformers and fan relays. • Control wiring shall be run in conduit where exposed. Control wiring shall be run using plenum rated cable without conduit in concealed accessible locations and above lift -out ceiling. • All wiring above 24V will be provided at unit. • Air flow measuring stations furnished by others and installed by others. • RTU's VFD must be provided with P1 interface and be fully programmed by the unit manufacturer all field devised will come with the units. Siemens has not included any work on the RTU's beyond plugging into the VFD controller and downloading the information to the Siemens workstation. • All air flow station, well sensors, damper actuators mounted by others furnished by Siemens. AIR -SIDE CONTROLS POINTS LIST CONTROL POINT INPUT OUTPQT ANALOG BINARx ANALOG BINARY VAV ROOFTOP UNIT SUPPLY FAN STARTfETOP - - - A SUPPLY FAN STATUS x ' VARIABLE FREQUENCY DRME' X x X % FILTER- OUTSIDEAIRRUOW AFMS) x - - - OUTSIDEAIRDAWERPOSITION - - x - RETURNAIROAMPERPOSRIDN - - x - RELIEPISMOAEEAHAOSTAIR DAMPER POSITION - MIXED AIRTEMPERATURE % ' DISCHARGE AIR TEMPERATURE CHILLED WATER EVR I�) X ' CHILLED WAl1R LNR [7-] % ' CHILLED WATER CONTROL VALVE- HUMIDTTFROMSPACEHUMIOISTAT % - - - TEMPERATUREFROMSPAOETFMPSENSOR - - - - EMURIG HEAT PEHGENTAGE XCR) X +fARMDeE-FREfieENev-eRwEi % - - 9HT8iBEA1HFtBLTTAFM9�- �{{TSIDEAiReA#1PERVes6lelF- x EXHAUST FAN STARTSR]P COMLI0.ND k EXHAUST FAA( STATUS- NDTEB: ' DENOTES FVLL COMMUNIQATIDIJWITH Of VIDE THIS SCHEDULE SHOWS THE MINIMUM POINTS REQUIRED. PROVIDE ALL POINTS AS REDVIRED FOR THE MECHANICAL EQUIPMEUT TO PERFORM THE SEQUENCE OF OPERATIONS. Project Pricing Provided with unit:-(Mvdcl Global Point, place one sensor in POD -A CA Actuators provided "I N o. off with unit_ AO n AI Valve and Sheild NO AI Ai Provide P1 Protocol r T with unit. /�I AI T zz II / AI H i 1 POWER BY U ---i oivzs Mounted doom through unit in Duct. n RTU CONTROL SCHEMATIC - POD Al M5.1)NOT TO SCALE Total project pricing for RTU Replacements at Pods A2, A3 & A4.................................. $1,603,845.00 Pricing is representative of installation as described above and does not include Owner Furnished RTUs or Curb Adapters. TO SPACE 5 7;� RNe 195 of 1533 If you have any questions concerning this proposal, please do not hesitate to contact us. We thank you for the opportunity to be of service. Respectfully, David Wills LEED AP Jerry Shugart Turnkey I Energy Services Account Manager Senior Account Manager Trane I Trane Technologies Trane I Trane Technologies This agreement is subject to the attached Trane Terms and Conditions. Pricing and Proposal are valid for 30 days from date of proposal roposal Late: Uctober 14, LULG I JubrMtted Dy: Laved WWS CUSTOMER ACCEPTANCE Authorized Signature Printed Name Title Acceptance Date TRANE ACCEPTANCE Authorized Signature Printed Name Title Acceptance Date TERMS AND CONDITIONS — COMMERCIAL INSTALLATION "Company" shall mean Trane U.S. Inc.. 1. Acceptance; Agreement. These terms and conditions are an integral part of Company's offer and form the basis of any agreement (the "Agreement") resulting from Company's proposal (the "Proposal") for the commercial goods and/or services described (the "Work"). COMPANY'S TERMS AND CONDITIONS AND EQUIPMENT PRICES ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT. The Proposal is subject to acceptance in writing by the party to whom this offer is made or an authorized agent ("Customer") delivered to Company within 30 days from the date of the Proposal. Prices in the Proposal are subject to change at any time upon notice to Customer. If Customer accepts the Proposal by placing an order, without the addition of any other terms and conditions of sale or any other modification, Customer's order shall be deemed acceptance of the Proposal subject to Company's terms and conditions. If Customer's order is expressly conditioned upon Company's acceptance or assent to terms and/or conditions other than those expressed herein, return of such order by Company with Company's terms and conditions attached or referenced serves as Company's notice of objection to Customer's terms and as Company's counteroffer to provide Work in accordance with the Proposal and the Company terms and conditions. If Customer does not reject or object in writing to Company within 10 days, Company's counteroffer will be deemed accepted. Notwithstanding anything to the contrary herein, Customer's acceptance of the Work by Company will in any event constitute an acceptance by Customer of Company's terms and conditions. This Agreement is subject to credit approval by Company. Upon disapproval of credit, Company may delay or suspend performance or, at its option, renegotiate prices and/or terms and conditions with Customer. If Company and Customer are unable to agree on such revisions, this Agreement shall be cancelled without any liability, other than Customer's obligation to pay for Work rendered by Company to the date of cancellation. 2. Connected Services. In addition to these terms and conditions, the Connected Services Terms of Service ("Connected Services Terms'), available at https://www.trane.com/TraneConnectedServicesTerms, as updated from time to time, are incorporated herein by reference and shall apply to the extent that Company provides Customer with Connected Services, as defined in the Connected Services Terms. 3. Title and Risk of Loss. All Equipment sales with destinations to Canada or the U.S. shall be made as follows: FOB Company's U.S. manufacturing facility or warehouse (full freight allowed). Title and risk of loss or damage to Equipment will pass to Customer upon tender of delivery of such to carrier at Company's U.S. manufacturing facility or warehouse. 4. Pricing and Taxes. Unless otherwise noted, the price in the Proposal includes standard ground transportation and, if required by law, all sales, consumer, use and similar taxes legally enacted as of the date hereof for equipment and material installed by Company. Tax exemption is contingent upon Customer furnishing appropriate certificates evidencing Customer's tax-exempt status. Company shall charge Customer additional costs for bonds agreed to be provided. Equipment sold on an uninstalled basis and any taxable labor/labour do not include sales tax and taxes will be added. Within thirty (30) days following Customer acceptance of the Proposal without addition of any other terms and conditions of sale or any modification, Customer shall provide notification of release for immediate production at Company's factory. Prices for Work are subject to change at any time prior to shipment to reflect any cost increases related to the manufacture, supply, and shipping of goods. This includes, but is not limited to, cost increases in raw materials, supplier components, labor, utilities freight, logistics, wages and benefits, regulatory compliance, or any other event beyond Company's control. If such release is not received within 6 months after date of order receipt, Company reserves the right to cancel any order. If shipment is delayed due to Customer's actions, Company may also charge Customer storage fees. Company shall be entitled to equitable adjustments in the contract price to reflect any cost increases as set forth above and will provide notice to Customer prior to the date for which the increased price is to be in effect for the applicable customer contract. In no event will prices be decreased. 5. Exclusions from Work. Company's obligation is limited to the Work as defined and does not include any modifications to the Work site under the Americans With Disabilities Act or any other law or building code(s). In no event shall Company be required to perform work Company reasonably believes is outside of the defined Work without a written change order signed by Customer and Company. 6. Performance. Company shall perform the Work in accordance with industry standards generally applicable in the area under similar circumstances as of the time Company performs the Work Company may refuse to perform any Work where working conditions could endanger property or put at risk the safety of persons. Unless otherwise agreed to by Customer and Company, at Customer's expense and before the Work begins, Customer will provide any necessary access platforms, catwalks to safely perform the Work in compliance with OSHA or state industrial safety regulations. 7. Payment. Customer shall pay Company's invoices within net 30 days of invoice date. Company may invoice Customer for all equipment or material furnished, whether delivered to the installation site or to an off -site storage facility and for all Work performed on -site or off -site. No retention shall be withheld from any payments except as expressly agreed in writing by Company, in which case retention shall be reduced per the contract documents and released no later than the date of substantial completion. Under no circumstances shall any retention be withheld for the equipment portion of the order. If payment is not received as required, Company may suspend performance and the time for completion shall be extended for a reasonable period of time not less than the period of suspension. Customer shall be liable to Company for all reasonable shutdown, standby and start-up costs as a result of the suspension. Company reserves the right to add to any account outstanding for more than 30 days a service charge equal to 1.5% of the principal amount due at the end of each month. Customer shall pay all costs (including attorneys' fees) incurred by Company in attempting to collect amounts due and otherwise enforcing these terms and conditions. If requested, Company will provide appropriate lien waivers upon receipt of payment. Customer agrees that, unless Customer makes payment in advance, Company will have a purchase money security interest in all equipment from Company to secure payment in full of all amounts due Company and its order for the equipment, together with these terms and conditions, forma security agreement. Customer shall keep the equipment free of all taxes and encumbrances, shall not remove the equipment from its original installation point and shall not assign or transfer any interest in the equipment until all payments due Company have been made. 7;� Rage 196 of 1533 8. Time for Completion. Except to the extent otherwise expressly agreed in writing signed by an authorized representative of Company, all dates provided by Company or its representatives for commencement, progress or completion are estimates only. While Company shall use commercially reasonable efforts to meet such estimated dates, Company shall not be responsible for any damages for its failure to do so. Delivery dates are approximate and not guaranteed. Company will use commercially reasonable efforts to deliver the Equipment on or before the estimated delivery date, will notify Customer if the estimated delivery dates cannot be honored, and will deliver the Equipment and services as soon as practicable thereafter. In no event will Company be liable for any damages or expenses caused by delays in delivery. 9. Access. Company and its subcontractors shall be provided access to the Work site during regular business hours, or such other hours as may be requested by Company and acceptable to the Work site' owner or tenant for the performance of the Work, including sufficient areas for staging, mobilization, and storage. Company's access to correct any emergency condition shall not be restricted. Customer grants to Company the right to remotely connect (via phone modem, internet or other agreed upon means) to Customer's building automation system (BAS) and or HVAC equipment to view, extract, or otherwise collect and retain data from the BAS, HVAC equipment, or other building systems, and to diagnose and remotely make repairs at Customer's request. 10. Completion. Notwithstanding any other term or condition herein, when Company informs Customer that the Work has been completed, Customer shall inspect the Work in the presence of Company's representative, and Customer shall either (a) accept the Work in its entirety in writing, or (b) accept the Work in part and specifically identify, in writing, any exception items. Customer agrees to re -inspect any and all excepted items as soon as Company informs Customer that all such excepted items have been completed. The initial acceptance inspection shall take place within ten (10) days from the date when Company informs Customer that the Work has been completed. Any subsequent re -inspection of excepted items shall take place within five (5) days from the date when Company informs Customer that the excepted items have been completed. Customer's failure to cooperate and complete any of said inspections within the required time limits shall constitute complete acceptance of the Work as of ten (10) days from date when Company informs Customer that the Work, or the excepted items, if applicable, has/have been completed. 11. Permits and Governmental Fees. Company shall secure (with Customer's assistance) and pay for building and other permits and governmental fees, licenses, and inspections necessary for proper performance and completion of the Work which are legally required when bids from Company's subcontractors are received, negotiations thereon concluded, or the effective date of a relevant Change Order, whichever is later. Customer is responsible for necessary approvals, easements, assessments and charges for construction, use or occupancy of permanent structures or for permanent changes to existing facilities. If the cost of such permits, fees, licenses and inspections are not included in the Proposal, Company will invoice Customer for such costs. 12. Utilities During Construction. Customer shall provide without charge to Company all water, heat, and utilities required for performance of the Work. 13. Concealed or Unknown Conditions. In the performance of the Work, if Company encounters conditions at the Work site that are (i) subsurface or otherwise concealed physical conditions that differ materially from those indicated on drawings expressly incorporated herein or (ii) unknown physical conditions of an unusual nature that differ materially from those conditions ordinarily found to exist and generally recognized as inherent in construction activities of the type and character as the Work, Company shall notify Customer of such conditions promptly, prior to significantly disturbing same. If such conditions differ materially and cause an increase in Company's cost of, or time required for, performance of any part of the Work, Company shall be entitled to, and Customer shall consent by Change Order to, an equitable adjustment in the Contract Price, contract time, or both. 14. Pre -Existing Conditions. Company is not liable for any claims, damages, losses, or expenses, arising from or related to conditions that existed in, on, or upon the Work site before the Commencement Date of this Agreement ("Pre -Existing Conditions"), including, without limitation, damages, losses, or expenses involving Pre -Existing Conditions of building envelope issues, mechanical issues, plumbing issues, and/or indoor air quality issues involving mold/mould and/or fungi. Company also is not liable for any claims, damages, losses, or expenses, arising from or related to work done by or services provided by individuals or entities that are not employed by or hired by Company. 15. Asbestos and Hazardous Materials. Company's Work and other services in connection with this Agreement expressly excludes any identification, abatement, cleanup, control, disposal, removal or other work connected with asbestos, polychlorinated biphenyl ("PCB"), or other hazardous materials (hereinafter, collectively, "Hazardous Materials'). Customer warrants and represents that, except as set forth in a writing signed by Company, there are no Hazardous Materials on the Work site that will in any way affect Company's Work and Customer has disclosed to Company the existence and location of any Hazardous Materials in all areas within which Company will be performing the Work. Should Company become aware of or suspect the presence of Hazardous Materials, Company may immediately stop work in the affected area and shall notify Customer. Customer will be exclusively responsible for taking any and all action necessary to correct the condition in accordance with all applicable laws and regulations. Customer shall be exclusively responsible for and, to the fullest extent permitted by law, shall indemnify and hold harmless Company (including its employees, agents and subcontractors) from and against any loss, claim, liability, fees, penalties, injury (including death) or liability of any nature, and the payment thereof arising out of or relating to any Hazardous Materials on or about the Work site, not brought onto the Work site by Company. Company shall be required to resume performance of the Work in the affected area only in the absence of Hazardous Materials or when the affected area has been rendered harmless. In no event shall Company be obligated to transport or handle Hazardous Materials, provide any notices to any governmental agency, or examine the Work site for the presence of Hazardous Materials. 16. Force Majeure. Company's duty to perform under this Agreement is contingent upon the non-occurrence of an Event of Force Majeure. If Company shall be unable to carry out any material obligation under this Agreement due to an Event of Force Majeure, this Agreement shall at Company's election (i) remain in effect but Company's obligations shall be suspended until the uncontrollable event terminates or (ii) be terminated upon 10 days notice to Customer, in which event Customer shall pay Company for all parts of the Work furnished to the date of termination. An "Event of Force Majeure" shall mean any cause or event beyond the control of Company. Without limiting the foregoing, "Event of Force Majeure" includes: acts of God; acts of terrorism, war or the public enemy; flood; earthquake; tornado; storm; fire; civil disobedience; pandemic insurrections; riots; labor/labour disputes; labor/labour or material shortages; sabotage; restraint by court order or public authority (whether valid or invalid), and action or non -action by or inability to obtain or keep in force the necessary governmental authorizations, permits, licenses, certificates or approvals if not caused by Company; and the requirements of any applicable government in any manner that diverts either the material or the finished product to the direct or indirect benefit of the government. 17. Customer's Breach. Each of the following events or conditions shall constitute a breach by Customer and shall give Company the right, without an election of remedies, to terminate this Agreement or suspend performance by delivery of written notice: (1) Any failure by Customer to pay amounts when due; or (2) any general assignment by Customer for the benefit of its creditors, or if Customer becomes bankrupt or insolvent or takes the benefit of any statute for bankrupt or insolvent debtors, or makes or proposes to make any proposal or arrangement with creditors, or if any steps are taken for the winding up or other termination of Customer or the liquidation of its assets, or if a trustee, receiver, or similar person is appointed over any of the assets or interests of Customer; (3) Any representation or warranty furnished by Customer in this Agreement is false or misleading in any material respect when made; or (4) Any failure by Customer to perform or comply with any material provision of this Agreement. Customer shall be liable to Company for all Work furnished to date and all damages sustained by Company (including lost profit and overhead). 18. Indemnity. To the fullest extent permitted by law, Company and Customer shall indemnify, defend and hold harmless each other from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, resulting from death or bodily injury or damage to real or tangible personal property, to the extent caused by the negligence or misconduct of their respective employees or other authorized agents in connection with their activities within the scope of this Agreement. Neither party shall indemnify the other against claims, damages, expenses or liabilities to the extent attributable to the acts or omissions of the other party. If the parties are both at fault, the obligation to indemnify shall be proportional to their relative fault. The duty to indemnify will continue in full force and effect, notwithstanding the expiration or early termination hereof, with respect to any claims based on facts or conditions that occurred prior to expiration or termination. 19. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT CONSEQUENTIAL, OR PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION BUSINESS INTERRUPTION, LOST DATA, LOST REVENUE, LOST PROFITS, LOST DOLLAR SAVINGS, OR LOST ENERGY USE SAVINGS, INCLUDING CONTAMINANTS LIABILITIES, EVEN IF A PARTY HAS BEEN ADVISED OF SUCH POSSIBLE DAMAGES OR IF SAME WERE REASONABLY FORESEEABLE AND REGARDLESS OF WHETHER THE CAUSE OF ACTION IS FRAMED IN CONTRACT, NEGLIGENCE, ANY OTHER TORT, WARRANTY, STRICT LIABILITY, OR PRODUCT LIABILITY). In no event will Company's liability in connection with the provision of products or services or otherwise under this Agreement exceed the entire amount paid to Company by Customer under this Agreement. 20. CONTAMINANTS LIABILITY The transmission of COVID-19 may occur in a variety of ways and circumstances, many of the aspects of which are currently not known. HVAC systems, products, services and other offerings have not been tested for their effectiveness in reducing the spread of COVID-19, including through the air in closed environments. IN NO EVENT WILL COMPANY BE LIABLE UNDER THIS AGREEMENT OR OTHERWISE FOR ANY INDEMNIFICATION, ACTION OR CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE, FOR ANY BODILY INJURY (INCLUDING DEATH), DAMAGE TO PROPERTY, OR ANY OTHER LIABILITIES, DAMAGES OR COSTS RELATED TO CONTAMINANTS (INCLUCING THE SPREAD, TRANSMISSION, MITIGATION, ELIMINATION, OR CONTAMINATION THEREOF) (COLLECTIVELY, "CONTAMINANT LIABILITIES") AND CUSTOMER HEREBY EXPRESSLY RELEASES COMPANY FROM ANY SUCH CONTAMINANTS LIABILITIES. 21. Patent Indemnity. Company shall protect and indemnify Customer from and against all claims, damages, judgments and loss arising from infringement or alleged infringement of any United States patent by any of the goods manufactured by Company and delivered hereunder, provided that in the event of suit or threat of suit for patent infringement, Company shall promptly be notified and given full opportunity to negotiate a settlement. Company does not warrant against infringement by reason of Customer's design of the articles or the use thereof in combination with other materials or in the operation of any process. In the event of litigation, Customer agrees to reasonably cooperate with Company. In connection with any proceeding under the provisions of this Section, all parties concerned shall be entitled to be represented by counsel at their own expense. 22. Limited Warranty. Company warrants for a period of 12 months from the date of substantial completion ("Warranty Period") commercial equipment manufactured and installed by Company against failure due to defects in material and manufacture and that the labor/labour furnished is warranted to have been properly performed (the "Limited Warranty"). Trans equipment sold on an uninstalled basis is warranted in accordance with Company's standard warranty for supplied equipment. Product manufactured by Company that includes required startup and is sold in North America will not be warranted by Company unless Company performs the product start-up. Substantial completion shall be the earlier of the date that the Work is sufficiently complete so that the Work can be utilized for its intended use or the date that Customer receives beneficial use of the Work. If such defect is discovered within the Warranty Period, Company will correct the defect or furnish replacement equipment (or, at its option, parts therefor) and, if said equipment was installed pursuant hereto, labor/labour associated with the replacement of parts or equipment not conforming to this Limited Warranty. Defects must be reported to Company within the Warranty Period. Exclusions from this Limited Warranty include damage or failure arising from: wear and tear; corrosion, erosion, deterioration; Customer's failure to follow the Company -provided maintenance plan; refrigerant not supplied by Company; and modifications made by others to Company's equipment. Company shall not be obligated to pay for the cost of lost refrigerant. Notwithstanding the foregoing, all warranties provided herein terminate upon termination or cancellation of this Agreement. No warranty liability whatsoever shall attach to Company until the Work has been paid for in full and then said liability shall be limited to the lesser of Company's cost to correct the defective Work and/or the purchase price of the equipment shown to be defective. Equipment, material and/or parts that are not manufactured by Company ("Third -Parry Product(s)" are not warranted by Company and have such warranties as may be extended by the respective manufacturer. CUSTOMER UNDERSTANDS THAT COMPANY IS NOT THE MANUFACTURER OF ANY THIRD -PARTY PRODUCT(S) AND ANY WARRANTIES, CLAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS ARE THOSE OF THE THIRD -PARTY MANUFACTURER, NOT COMPANY AND CUSTOMER IS NOT RELYING ON ANY WARRANTIES, CLAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS REGARDING THE THIRD -PARTY PRODUCT THAT MAY BE PROVIDED BY COMPANY OR ITS AFFILIATES, WHETHER ORAL OR WRITTEN. THE WARRANTY AND LIABILITY SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, WHETHER IN CONTRACT OR IN NEGLIGENCE, EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. COMPANY MAKES NO REPRESENTATION OR WARRANTY .OF ANY KIND, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. ADDITIONALLY, COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND REGARDING PREVENTING, ELIMINATING, REDUCING OR INHIBITING ANY MOLD, FUNGUS, BACTERIA, VIRUS, MICROBIAL GROWTH, OR ANY OTHER CONTAMINANTS (INCLUDING COVID-19 OR ANY SIMILAR VIRUS) (COLLECTIVELY, "CONTAMINANTS"), WHETHER INVOLVING OR IN CONNECTION WITH EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR OTHERWISE. IN NO EVENT SHALL COMPANY HAVE ANY LIABILITY FOR THE PREVENTION, ELIMINATION, REDUCTION OR INHIBITION OF THE GROWTH OR SPREAD OF SUCH CONTAMINANTS INVOLVING OR IN CONNECTION WITH ANY EQUIPMENT, THIRD -PARTY PRODUCT, OR ANY COMPONENT THEREOF, SERVICES OR OTHERWISE AND CUSTOMER HEREBY SPECIFICALLY ACKNOWLDGES AND AGREES THERETO. 7;� RNe 197 of 1533 23. Insurance. Company agrees to maintain the following insurance while the Work is being performed with limits not less than shown below and will, upon request from Customer, provide a Certificate of evidencing the following coverage: Commercial General Liability $2,000,000 per occurrence Automobile Liability $2,000,000 CSL Workers Compensation Statutory Limits If Customer has requested to be named as an additional insured under Company's insurance policy, Company will do so but only subject to Company's manuscript additional insured endorsement under its primary Commercial General Liability policies. In no event does Company waive its right of subrogation. 24. Commencement of Statutory Limitation Period. Except as to warranty claims, as may be applicable, any applicable statutes of limitation for acts or failures to act shall commence to run, and any alleged cause of action stemming therefrom shall be deemed to have accrued, in any and all events not later than the last date that Company or its subcontractors physically performed work on the project site. 25. General. Except as provided below, to the maximum extent provided by law, this Agreement is made and shall be interpreted and enforced in accordance with the laws of the state or province in which the Work is performed, without regard to choice of law principles which might otherwise call for the application of a different state's or province's law. Any dispute arising under or relating to this Agreement that is not disposed of by agreement shall be decided by litigation in a court of competent jurisdiction located in the state or province in which the Work is performed. Any action or suit arising out of or related to this Agreement must be commenced within one year after the cause of action has accrued. To the extent the Work site is owned and/or operated by any agency of the Federal Government, determination of any substantive issue of law shall be according to the Federal common law of Government contracts as enunciated and applied by Federal judicial bodies and boards of contract appeals of the Federal Government. This Agreement contains all of the agreements, representations and understandings of the parties and supersedes all previous understandings, commitments or agreements, oral or written, related to the subject matter hereof. This Agreement may not be amended, modified or terminated except by a writing signed by the parties hereto. No documents shall be incorporated herein by reference except to the extent Company is a signatory thereon. If any term or condition of this Agreement is invalid, illegal or incapable of being enforced by any rule of law, all other terms and conditions of this Agreement will nevertheless remain in full force and effect as long as the economic or legal substance of the transaction contemplated hereby is not affected in a manner adverse to any party hereto. Customer may not assign, transfer, or convey this Agreement, or any part hereof, or its right, title or interest herein, without the written consent of the Company. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of Customer's permitted successors and assigns. This Agreement may be executed in several counterparts, each of which when executed shall be deemed to be an original, but all together shall constitute but one and the same Agreement. A fully executed facsimile copy hereof or the several counterparts shall suffice as an original. 26. Equal Employment Opportunity/Affirmative Action Clause. Company is a federal contractor that complies fully with Executive Order 11246, as amended, and the applicable regulations contained in 41 C.F.R. Parts 60-1 through 60-60, 29 U.S.C. Section 793 and the applicable regulations contained in 41 C.F.R. Part 60-741; and 38 U.S.C. Section 4212 and the applicable regulations contained in 41 C.F.R. Part 60-250 Executive Order 13496 and Section 29 CFR 471, appendix A to subpartA, regarding the notice of employee rights in the United States and with Canadian Charter of Rights and Freedoms Schedule B to the Canada Act 1982 (U.K.) 1982, c. 11 and applicable Provincial Human Rights Codes and employment law in Canada. 27. U.S. Government Work. The following provision applies only to direct sales by Company to the US Government. The Parties acknowledge that all items or services ordered and delivered under this Agreement are Commercial Items as defined under Part 12 of the Federal Acquisition Regulation (FAR). In particular, Company agrees to be bound only by those Federal contracting clauses that apply to "commercial" suppliers and that are contained in FAR 52.212-5(e)(1). Company complies with 52.219-8 or 52.219-9 in its service and installation contracting business. The following provision applies only to indirect sales by Company to the US Government. As a Commercial Item Subcontractor, Company accepts only the following mandatory flow down provisions in effect as of the date of this subcontract: 52.203-19; 52.204-21; 52.204-23; 52.219-8; 52.222-21; 52.222-26; 52.222-35; 52.222-36; 52.222-50; 52.225-26; 52.247-64. If the Work is in connection with a U.S. Government contract, Customer certifies that it has provided and will provide current, accurate, and complete information, representations and certifications to all government officials, including but not limited to the contracting officer and officials of the Small Business Administration, on all matters related to the prime contract, including but not limited to all aspects of its ownership, eligibility, and performance. Anything herein notwithstanding, Company will have no obligations to Customer unless and until Customer provides Company with a true, correct and complete executed copy of the prime contract. Upon request, Customer will provide copies to Company of all requested written communications with any government official related to the prime contract prior to or concurrent with the execution thereof, including but not limited to any communications related to Customer's ownership, eligibility or performance of the prime contract. Customer will obtain written authorization and approval from Company prior to providing any government official any information about Company's performance of the work that is the subject of the Proposal or this Agreement, other than the Proposal or this Agreement. 28. Limited Waiver of Sovereign Immunity. If Customer is an Indian tribe (in the U.S.) or a First Nation or Band Council (in Canada), Customer, whether acting in its capacity as a government, governmental entity, a duly organized corporate entity or otherwise, for itself and for its agents, successors, and assigns: (1) hereby provides this limited waiver of its sovereign immunity as to any damages, claims, lawsuit, or cause of action (herein "Action') brought against Customer by Company and arising or alleged to arise out of the furnishing by Company of any product or service under this Agreement, whether such Action is based in contract, tort, strict liability, civil liability or any other legal theory; (2) agrees that jurisdiction and venue for any such Action shall be proper and valid (a) if Customer is in the U.S., in any state or United States court located in the state in which Company is performing this Agreement or (b) if Customer is in Canada, in the superior court of the province or territory in which the work was performed; (3) expressly consents to such Action, and waives any objection to jurisdiction or venue; (4) waives any requirement of exhaustion of tribal court or administrative remedies for any Action arising out of or related to this Agreement; and (5) expressly acknowledges and agrees that Company is not subject to the jurisdiction of Customer's tribal court or any similar tribal forum, that Customer will not bring any action against Company in tribal court, and that Customer will not avail itself of any ruling or direction of the tribal court permitting or directing it to suspend its payment or other obligations under this Agreement. The individual signing on behalf of Customer warrants and represents that such individual is duly authorized to provide this waiver and enter into this Agreement and that this Agreement constitutes the valid and legally binding obligation of Customer, enforceable in accordance with its terms. 1-26.251-10(1221) Supersedes 1-26.251-10(0821) 7;� RNe 198 of 1533 i M 0 PdGG10D TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Jeffrey Dougherty, Director Facilities Department II�elT���lel�li] CONSENT AGENDA - FACILITIES DEPARTMENT DATE: 12/6/2022 *ACTION ITEM - CONTRACT QUASI-JUDICIAL ITEM? No Contract - Siemens Insight to Desigo HVAC Controls Migration The St. Lucie County Heating, Ventilation, and Air Conditioning systems in 22 County Facilities are operated by the Siemens Industry, Inc.'s Apogee Building Management System via the Insight Workstation software. The original software was installed in 1999 and has been periodically updated with new releases . The most recent update was version 3.15 in 2018 and support for the software ended in January 2022. The Apogee system needs to be replaced with a new Building Management software system which is Desigo CC. Desigo CC is only sold and supported by Siemens Industry, Inc. No other third -party companies or distributors are authorized to service or install the Desigo CC System. Through sole source procurement, Siemens Industry, Inc. has submitted a proposal for the migration to the Desigo CC system to include workstation hardware, workstation software, database, field panel migration, training and labor. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Sufficient funding is available in General Fund Facilities Maintenance Improvement Projects 001-1930- 546200-1907 RECOMMENDATION: Staff recommends Board approval to proceed with the replace of the existing APOGEE system to the new Desigo CC system as indicated in proposal number 2a778876-79b4-41d7-b60e-6a5784ef9143 in the amount of $344,075.00, and authorize the Chair to sign the agreement as approved by the County Attorney. COMMISSION ACTION: Page 199 of 1533 RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: November 16, 2022 Scott Beaulieu, Facilities Assistant Director Date: November 17, 2022 Jeffrey Dougherty, Director 4�� Date: November 17, 2022 Jennifer Hill, Office of Management & Budget Director Date: November 22, 2022 Daniel McIntyre, County Attorney r Date: November 22, 2022 Alphonso Jefferson, Deputy County Administrator Page 200 of 1533 I 7 n yE �Q � I N w■ mot J Insight to Desigo CC Migration Proposal SIEMENS Insight to Desigo CC St. Lucie County Government Migration Proposal October 10, 2022 Executive Summary............................................................. Advantages of Desigo CC .................................................... Project Scope of Work ......................................................... Clarifications........................................................................ Agreement............................................................................ ................................................................... 2 ................................................................... 4 ................................................................... 5 ................................................................... 5 ................................................................... 6 Siemens Industry, Inc. Page 202 of 1533 SIEMENS Executive Summary Siemens Industry, Inc. ("Siemens") is pleased to provide the following proposal to migrate the existing APOGEE building automation systems at St. Lucie County Government to the new Desigo CC Workstation. The Insight Workstation, which has been an integral component to the County's APOGEE building automation systems, has been in existence since 1999 and has reached its end of life. The existing Insight Workstation software revision at St. Lucie County Government is version 3.15 and that is the last release. The Insight Workstation software was originally installed at St. Lucie Count Government in 2003. Insight software upgrades and additions are no longer available as of September 2018. Siemens provided a five-year notice in 2017 to our customers for the end of support. Support ended in January 2022. Desigo CC supports all the current Microsoft Windows Operating Systems (OS) including Windows 10, Server 2016, and Server 2019. Insight OS support is limited to older revisions of Windows 7 and Server 2012. Our new workstation, Desigo CC, has been designed and developed based upon customer demands for easier to use, smarter, more robust, adaptable, and open systems. We are pleased to be providing this proposal to upgrade St. Lucie County Government to this innovative and powerful new system. Desigo CC supports both our legacy APOGEE controls and our new BACnet controls. Desigo CC is not a replacement for the APOGEE field controllers and controls. It is a replacement for the Insight software. Desigo CC supports APOGEE ALN controllers if they can run 2.8 firmware. Siemens has performed a detailed survey of the County ALN controllers and only one (1) needs to be upgraded. Most FLN devices are supported including TECs, PTECs, BTECs, and DXRs. However, 1980's generation devices such as MPUs, DPU, UCs, and TCUs will have to be upgraded. Siemens is not aware of any MPUs, DPU, UCs, and TCUs that are remaining in the County. As part of the Migration, all the Insight graphics will be converted to our new Desigo CC format which is vector based instead of Insight's pixel -based format. This allows the graphics to be scalable no matter what resolution the viewing monitor. The point database will be converted to a new standard naming convention. This will allow all the systems thought out the County, that were installed over 30 plus years, to have a consistent look and feel. Sample graphics and the proposed point naming convention will be reviewed with the County prior to implementation. There are currently twenty (20) County Facilities (listed below) with APOGEE energy management systems (EMS) that are centrally monitored by the existing Insight workstation. The County's investment in the energy management systems located in these facilities is estimated at over $6 million. Siemens Industry, Inc. Page 2 of 6 Page 203 of 1533 1 EM ENS The proposal includes migrating the existing APOGEE energy management systems (EMS) in the following facilities: • County Administration Complex • County Correction • County Courthouse Complex • Main Library • Public Defender • Sheriff's Office • South Annex • State Attorney • Port St. Lucie Milner Public Health • Fort Pierce 714 Avenue C Public Health • Dorothy J. Conrad Building (Walton Road Annex) • Rock Road IT • Mets Stadium • 911 EOC • Havert L. Fenn Center • Hurston Branch Library • Airport and Customs • Logistics • Rossier Library • Morningside Library • Sunshine Kitchen True to our tradition of Forward and Backward compatibility, our upgrade solution will utilize your existing APOGEE infrastructure, thus minimizing downtime and unnecessary capital expense. Our Migration strategy leverages your current APOGEE system hardware, eliminating the need to replace controllers, field end devices, or wiring. In some cases, only the firmware in the ALN panels will need to be upgraded. The Migration strategy allows us to provide you with a cost effective and efficient means to upgrade your system. � wwMp.yrei • MN wr'vw.�P � Mw+ Y •ti.Ylr l.w"r+..n+. pJ II It •e.. .. ..- •�OtiVno .fro �--'� L�.,exer 4.. wr•w4 .-�-i.. "�".' Siemens Industry, Inc. Page 3 of 6 Page 204 of 1533 1EMENS Advantages of Desigo CC As shown below Siemens has taken the feedback from many customers and system users and, as a result, developed a workstation that is easy to use, smart, adaptable, open and robust. 1 Easy Smart ■ Well defined user -based workflows ■ Anticipates your next step ■ Fast response to critical events ■ Time -shifted Trend comparison ■ Browser or installed client ■ Personalized system views M— An open integrated system ■ Designed for Building Automation, Fire Safety, and Security ■ Standard control system protocols like BACnet, OPC, Modbus ■ IT standards like SNMP, SQL, HTTP ■ Built on proven SCADA system technology ■ Used in large mission critical installations ■ Extensible for future expansion Additional information regarding the features and benefits of the Desigo CC Workstation is readily available. Please speak with your Siemens Account professional regarding any additional information required to better understand this product. Once you've migrated to Desigo CC, you will be utilizing our state-of-the-art building automation system. As a result, you'll be well positioned to incorporate the latest technologies and products developed by Siemens. Siemens Industry, Inc. Page 4 of 6 Page 205 of 1533 SIEMENS Protect Scope of Work Workstation — Workstation Hardware I QTY The Desigo CC software shall be installed in a Virtual Server environment. All computer hardware shall be supplied by St. Lucie County Government including the Server, Client Computers, Operating Systems, and Printers. Workstation — Software QTY Desi o CC Standard Feature Set 1 License for Client Workstations 5 Building Automation Data Points Licensing. Includes 3492 physical ALN 6627 points plus 3135 FLN points (3 points per device used for licensing) Database QTY ALN field panel controllers connected to Desi o CC 109 FLN devices connected to Desi o CC 1045 Existing Insight alarms, trends, RENO, and reports shall be duplicated Graphics QTY Existing Insight graphics shall be recreated using our latest library for compatibility with Desi o CC. Point Naming QTY Point database will be converted to County pre -approved naming standards. Field Panel Migration I QTY Controllers requiring hardware upgrades Node 5 Dorothy J. Conrad Bid 1 Controllers that require firmware upgrades for compatibility 15 Training QTY On -site training hours delivered for Desi o CC transition 24 Classroom Tuition Fees 2 Labor QTY Submittals as required, and as -built drawings provided for owner's records Labor Includes: Project Management, progress meetings, database conversions, graphics, systems checkout, and training. Clarifications Following are the exclusions to the Migration Program: • Repairs to existing controllers • Repairs to existing communication wiring, point control wiring, or end -devices • Repairs to mechanical and electrical equipment • Changes to programming sequences • Overtime labor • Ethernet drops (where applicable) • Personal computer hardware and operating system software Siemens Industry, Inc. Page 5 of 6 Page 206 of 1533 ,EMENS Agreement Insight to Desigo CC Migration Proposal By and Between: St. Lucie County BOCC 2300 Virginia Ave Fort Pierce, FL 34982 Siemens Industry, Inc. 3021 N. Commerce Parkway Miramar, FL 33025 Siemens Industry, Inc. shall provide the services as outlined in the attached proposal dated 10/10/22 and the terms and condition in the links below. Prices quoted are firm for 30 days. Services shall be provided at the following St. Lucie County Buildings that have APOGEE control systems: • County Administration Complex • County Correction • County Courthouse Complex • Main Library • Public Defender • Sheriff's Office • South Annex • State Attorney • Port St. Lucie Milner Public Health • Fort Pierce 714 Avenue C Public Health • Dorothy J. Conrad Building (Walton Road Annex) • Rock Road IT • Mets Stadium • 911 EOC • Havert L. Fenn Center • Hurston Branch Library • Airport and Customs • Logistics • Rossier Library • Morningside Library • Sunshine Kitchen Insight to Desigo CC Migration Investment: $344,075 Proposal accepted by: Name: Title: St. Lucie County BOCC Purchase Order #: Signature Date: Siemens Industry, Inc. Terms & Conditions (Projects) SI Software License Warranty Proposal submitted by: Name: Bradley L. Ayres Title: Account Executive Siemens Industry, Inc. 3 /- 4�� Signature Date: 10/10/22 Page 6 of 6 Page 207 of 1533 DoouSign Envelope ID: 3ED3AC24-D4AC-472F-SAOE-ODBFD8C59FE7 COUNT7D0:A;4t%' F L D R[ JUSTIFICATION FOR SOLE SOURCE PROCUREMENT Based upon the Purchasing Manual, the proposed procurement described below is being procured pursuant to the guidelines on Sale Source Procurement. A good faith review of available sources has been made and there is only one source for the required supply, services or construction item. We propose to procure the following: o County -Wide Energy Management System As sole source procurement from (Name of Company): Siemens Building Technologies, Inc. Contact Name: [radley Ayers Phone: 1772-418-2800 The basis for this sole source determination and the reason no other vendor is suitable is: he HVAC systems in 22 County Facilities are all centrally monitored by the APOGEE Server. POGEE has reached its end of life and will be migrated to Desigo CC. Desigo CC is only sold and apported through factory -owned offices of Siemens Building Technologies. No other third -party :)mpanies of distributors are authorized to service or install the Desigo CC System. Department/Division Facilities/Building Maintenance Jeff Dougherty Requested By (Print Name) V v6v�� 11/1/2022 Authorized Signature Date Note: 1. Enter description of goods or services to be procured. 2. Enter name of sole source contracting. 3. Enter the determination and basis for sole source procurement. 4. Attach sole source letter from vendor and department. 5. Attach proposal from vendor with pricing. Approved C" Disapproved C A A_z-0 I� Ma ement & dget Director to CXRMS ty A mIn tratar Date G:IISOLE SOURCEWNT Page 208 of 1533 8.G.1. TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Carrie Mast, Chief Information Officer Information Technology P4011%W1.9ICJ6 CONSENT AGENDA - INFORMATION TECHNOLOGY DATE: 12/6/2022 *ACTION ITEM - CONTRACT QUASI-JUDICIAL ITEM? No Software House International Contract for Microsoft Volume Licensing Agreement The Microsoft Enterprise Agreement is under Florida State Contract No. 255-001-01-1. It provides savings and volume priced discounts. The 36 month agreement covers all Microsoft software licenses, updates and support. The contract includes Microsoft desktop and server operating systems as well as Microsoft Office Suite and Email systems. The annual payments for licensing and software assurance may vary from year one due to annual license true -up reconciliations. This agreement is essential in maintaining proper standardized software platforms and software revision compatibility when working with the public, vendors and other government offices. The first year of a three-year agreement is $320,589.39. The final contract document from Microsoft is still pending, so a draft contract is attached until the final version is received from the vendor prior to final execution. PREVIOUS ACTION: March 17, 2020 - Board Approved Software House International 36 month agreement. County Contract No. C20-03-020 for Microsoft Volume Licensing. January 10, 2017 - Board Approved Software House International 36 month agreement. County Contract No. C17-01-039 for Microsoft Volume Licensing. January 21, 2014 - Board Approved Software House International 36 month agreement, County Contract No. C14-01-028 for Microsoft Volume Licensing. FINANCIAL IMPACT: Sufficient funding is available in Fiscal Year 2022-2023 Information Technology Software Support Account 001-1955-534110-190000 for the first year of the agreement for the amount of $320,589.39. RECOMMENDATION: Staff recommends Board approval of the Software House International agreement for Microsoft Volume Licensing for three (3) years and authorization for the Chair to sign documents as approved by the County Attorney. Page 209 of 1533 COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: November 16, 2022 Carrie Mast, Chief Information Officer Date: November 17, 2022 Jennifer Hill, Office of Management & Budget Director Date: November 28, 2022 Daniel McIntyre, County Attorney Date: November 28, 2022 Howard Tipton, County Administrator Page 210 of 1533 Microsoft Q DRiAFT Volume Licensing Enterprise Enrollment State and Local Enterprise Enrollment number Framework ID (Microsoft to complete) (if applicable) Previous Enrollment number (Reseller to complete) This Enrollment must be attached to a signature form to be valid. This Microsoft Enterprise Enrollment is entered into between the entities as identified in the signature form as of the effective date. Enrolled Affiliate represents and warrants it is the same Customer, or an Affiliate of the Customer, that entered into the Enterprise Agreement identified on the program signature form. This Enrollment consists of: (1) these terms and conditions, (2) the terms of the Enterprise Agreement identified on the signature form, (3) the Product Selection Form, (4) the Product Terms, (5) the Online Services Terms, (6) any Supplemental Contact Information Form, Previous Agreement/Enrollment form, and other forms that may be required, and (7) any order submitted under this Enrollment. This Enrollment may only be entered into under a 2011 or later Enterprise Agreement. By entering into this Enrollment, Enrolled Affiliate agrees to be bound by the terms and conditions of the Enterprise Agreement. All terms used but not defined are located at htto://www.microsoft.com/licensing/contracts. In the event of any conflict the terms of this Agreement control. Effective date. If Enrolled Affiliate is renewing Software Assurance or Subscription Licenses from one or more previous Enrollments or agreements, then the effective date will be the day after the first prior Enrollment or agreement expires or terminates. If this Enrollment is renewed, the effective date of the renewal term will be the day after the Expiration Date of the initial term. Otherwise, the effective date will be the date this Enrollment is accepted by Microsoft. Any reference to "anniversary date" refers to the anniversary of the effective date of the applicable initial or renewal term for each year this Enrollment is in effect. Term. The initial term of this Enrollment will expire on the last day of the month, 36 full calendar months from the effective date of the initial term. The renewal term will expire 36 full calendar months after the effective date of the renewal term. Terms and Conditions 1. Definitions. Terms used but not defined in this Enrollment will have the definition in the Enterprise Agreement. The following definitions are used in this Enrollment: "Additional Product" means any Product identified as such in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. "Community" means the community consisting of one or more of the following: (1) a Government, (2) an Enrolled Affiliate using eligible Government Community Cloud Services to provide solutions to a Government or a qualified member of the Community, or (3) a Customer with Customer Data that is subject to Government regulations for which Customer determines and Microsoft agrees that the use of Government Community Cloud Services is appropriate to meet Customer's regulatory requirements. EA20201EnrGov(US)SLG(ENG)(0ct2019) Page 1 of 10 Document X20-10635 Page 211 of 1533 ORf I" — Membership in the Community is ultimately at Microsoft's discretion, which may vary by Government Community Cloud Service. "Enterprise Online Service" means any Online Service designated as an Enterprise Online Service in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are treated as Online Services, except as noted. "Enterprise Product" means any Desktop Platform Product that Microsoft designates as an Enterprise Product in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Products must be licensed for all Qualified Devices and Qualified Users on an Enterprise -wide basis under this program. "Expiration Date" means the date upon which the Enrollment expires. "Federal Agency" means a bureau, office, agency, department or other entity of the United States Government. "Government" means a Federal Agency, State/Local Entity, or Tribal Entity acting in its governmental capacity. "Government Community Cloud Services" means Microsoft Online Services that are provisioned in Microsoft's multi -tenant data centers for exclusive use by or for the Community and offered in accordance with the National Institute of Standards and Technology (NIST) Special Publication 800-145. Microsoft Online Services that are Government Community Cloud Services are designated as such in the Use Rights and Product Terms. "Industry Device" (also known as line of business device) means any device that: (1) is not useable in its deployed configuration as a general purpose personal computing device (such as a personal computer), a multi -function server, or a commercially viable substitute for one of these systems; and (2) only employs an industry or task -specific software program (e.g. a computer -aided design program used by an architect or a point of sale program) ("Industry Program"). The device may include features and functions derived from Microsoft software or third -party software. If the device performs desktop functions (such as email, word processing, spreadsheets, database, network or Internet browsing, or scheduling, or personal finance), then the desktop functions: (1) may only be used for the purpose of supporting the Industry Program functionality; and (2) must be technically integrated with the Industry Program or employ technically enforced policies or architecture to operate only when used with the Industry Program functionality. "Managed Device" means any device on which any Affiliate in the Enterprise directly or indirectly controls one or more operating system environments. Examples of Managed Devices can be found in the Product Terms. "Qualified Device" means any device that is used by or for the benefit of Enrolled Affiliate's Enterprise and is: (1) a personal desktop computer, portable computer, workstation, or similar device capable of running Windows Pro locally (in a physical or virtual operating system environment), or (2) a device used to access a virtual desktop infrastructure ("VDI"). Qualified Devices do not include any device that is: (1) designated as a server and not used as a personal computer, (2) an Industry Device, or (3) not a Managed Device. At its option, the Enrolled Affiliate may designate any device excluded above (e.g., Industry Device) that is used by or for the benefit of the Enrolled Affiliate's Enterprise as a Qualified Device for all or a subset of Enterprise Products or 0i11il a Jt4Vices the Eiiiolled Afflllale Ilas tt:1actej. "Qualified User" means a person (e.g., employee, consultant, contingent staff) who: (1) is a user of a Qualified Device, or (2) accesses any server software requiring an Enterprise Product Client Access License or any Enterprise Online Service. It does not include a person who accesses server software or an Online Service solely under a License identified in the Qualified User exemptions in the Product Terms. "Reseller" means an entity authorized by Microsoft to resell Licenses under this program and engaged by an Enrolled Affiliate to provide pre- and post -transaction assistance related to this agreement; "Reserved License" means for an Online Service identified as eligible for true -ups in the Product Terms, the License reserved by Enrolled Affiliate prior to use and for which Microsoft will make the Online Service available for activation. EA20201 EnrGov(US)SLG(ENG)(0ct2019) Page 2 of 10 Document X20-10635 Page 212 of 1533 EDRAFT "State/Local Entity" means (1) any agency of a state or local government in the United States, or (2) any United States county, borough, commonwealth, city, municipality, town, township, special purpose district, or other similar type of governmental instrumentality established by the laws of Customer's state and located within Customer's state's jurisdiction and geographic boundaries. "Tribal Entity" means a federally recognized tribal entity performing tribal governmental functions and eligible for funding and services from the U.S. Department of Interior by virtue of its status as an Indian tribe. "Use Rights" means, with respect to any licensing program, the use rights or terms of service for each Product and version published for that licensing program at the Volume Licensing Site and updated from time to time. The Use Rights include the Product -Specific License Terms, the License Model terms, the Universal License Terms, the Data Protection Terms, and the Other Legal Terms. The Use Rights supersede the terms of any end user license agreement (on -screen or otherwise) that accompanies a Product. "Volume Licensing Site" means http://www.microsoft.com/licensing/contracts or a successor site. 2. Order requirements. a. Minimum order requirements. Enrolled Affiliate's Enterprise must have a minimum of 250 Qualified Users or Qualified Devices. The initial order must include at least 250 Licenses for Enterprise Products or Enterprise Online Services. Enterprise commitment. Enrolled Affiliate must order enough Licenses to cover all Qualified Users or Qualified Devices, depending on the License Type, with one or more Enterprise Products or a mix of Enterprise Products and the corresponding Enterprise Online Services (as long as all Qualified Devices not covered by a License are only used by users covered with a user License). (ii) Enterprise Online Services only. If no Enterprise Product is ordered, then Enrolled Affiliate need only maintain at least 250 Subscription Licenses for Enterprise Online Services. b. Additional Products. Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products. c. Use Rights for Enterprise Products. For Enterprise Products, if a new Product version has more restrictive use rights than the version that is current at the start of the applicable initial or renewal term of the Enrollment, those more restrictive use rights will not apply to Enrolled Affiliate's use of that Product during that term. d. Country of usage. Enrolled Affiliate must specify the countries where Licenses will be used on its initial order and on any additional orders. e. Resellers. Enrolled Affiliate must choose and maintain a Reseller authorized in the United States. Enrolled Affiliate will acquire its Licenses through its chosen Reseller. Orders must be submitted to the Reseller who will transmit the order to Microsoft. The Reseller and Enrolled Affiliate determine pricing and payment terms as between them, and Microsoft will invoice the Reseller based on those terms. Throughout this Agreement the term "price" refers to reference price. Resellers and other third parties do not have authority to bind or impose any obligation or liability on Microsoft. f. Adding Products. (i) Adding new Products not previously ordered. New Enterprise Products or Enterprise Online Services may be added at any time by contacting a Microsoft Account Manager or Reseller. New Additional Products, other than Online Services, may be used if an order is placed in the month the Product is first used. For Additional Products that are Online Services, an initial order for the Online Service is required prior to use. EA20201 EnrGov(US)SLG(ENG)(0ct2019) Page 3 of 10 Document X20-10635 Page 213 of 1533 (ii) Adding Licenses for previously ordered Products. Additional Licenses for previously ordered Products other than Online Services may be added at any time but must be included in the next true -up order. Additional Licenses for Online Services must be ordered prior to use, unless the Online Services are (1) identified as eligible for true -up in the Product Terms or (2) included as part of other Licenses. g. True -up requirements. Enrolled Affiliate must submit an annual true -up order that accounts for any changes since the initial order or last order. If there are no changes, then an update statement must be submitted instead of a true -up order. (i) Enterprise Products. For Enterprise Products, Enrolled Affiliate must determine the number of Qualified Devices and Qualified Users (if ordering user -based Licenses) at the time the true -up order is placed and must order additional Licenses for all Qualified Devices and Qualified Users that are not already covered by existing Licenses, including any Enterprise Online Services. (ii) Additional Products. For Additional Products that have been previously ordered under this Enrollment, Enrolled Affiliate must determine the maximum number of Additional Products used since the latter of the initial order, the last true -up order, or the prior anniversary date and submit a true -up order that accounts for any increase. (iii) Online Services. For Online Services identified as eligible for true -up in the Product Terms, Enrolled Affiliate may place a reservation order for the additional Licenses prior to use and payment may be deferred until the next true -up order. Microsoft will provide a report of Reserved Licenses ordered but not yet invoiced to Enrolled Affiliate and its Reseller. Reserved Licenses will be invoiced retrospectively to the month in which they were ordered. (iv) Subscription License reductions. Enrolled Affiliate may reduce the quantity of Subscription Licenses at the Enrollment anniversary date on a prospective basis if permitted in the Product Terms, as follows: 1) For Subscription Licenses that are part of an Enterprise -wide purchase, Licenses may be reduced if the total quantity of Licenses and Software Assurance for an applicable group meets or exceeds the quantity of Qualified Devices and Qualified Users (if ordering user -based Licenses) identified on the Product Selection Form, and includes any additional Qualified Devices and Qualified Users added in any prior true -up orders. Step-up Licenses do not count towards this total count. 2) For Enterprise Online Services that are not a part of an Enterprise -wide purchase, Licenses can be reduced as long as the initial order minimum requirements are maintained. 3) For Additional Products available as Subscription Licenses, Enrolled Affiliate may reduce the Licenses. If the License count is reduced to zero, then Enrolled Affiliate's use of the applicable Subscription License will be cancelled. Invoices will be adjusted to reflect any reductions in Subscription Licenses at the true -up order Enrollment anniversary date and effective as of such date. (v) Update statement. An update statement must be submitted instead of a true -up order if, since the initial order or last true -up order, Enrolled Affiliate's Enterprise: (1) has not changed the number of Qualified Devices and Qualified Users licensed with Enterprise Products or Enterprise Online Services; and (2) has not increased its usage of Additional Products. This update statement must be signed by Enrolled Affiliate's authorized representative. (vi) True -up order period. The true -up order or update statement must be received by Microsoft between 60 and 30 days prior to each Enrollment anniversary date. The third - year true -up order or update statement is due within 30 days prior to the Expiration Date, and any license reservations within this 30 day period will not be accepted. Enrolled Affiliate EA20201 EnrGov(US)SLG(ENG)(0ct2019) Page 4 of 10 Document X20-10635 Page 214 of 1533 DRAFT may submit true -up orders more often to account for increases in Product usage, but an annual true -up order or update statement must still be submitted during the annual order period. (vii)Late true -up order. If the true -up order or update statement is not received when due, Microsoft will invoice Reseller for all Reserved Licenses not previously invoiced and Subscription License reductions cannot be reported until the following Enrollment anniversary date (or at Enrollment renewal, as applicable). h. Step-up Licenses. For Licenses eligible for a step-up under this Enrollment, Enrolled Affiliate may step-up to a higher edition or suite as follows: (i) For step-up Licenses included on an initial order, Enrolled Affiliate may order according to the true -up process. (ii) If step-up Licenses are not included on an initial order, Enrolled Affiliate may step-up initially by following the process described in the Section titled "Adding new Products not previously ordered," then for additional step-up Licenses, by following the true -up order process. L Clerical errors. Microsoft may correct clerical errors in this Enrollment, and any documents submitted with or under this Enrollment, by providing notice by email and a reasonable opportunity for Enrolled Affiliate to object to the correction. Clerical errors include minor mistakes, unintentional additions and omissions. This provision does not apply to material terms, such as the identity, quantity or price of a Product ordered. j. Verifying compliance. Microsoft may, in its discretion and at its expense, verify compliance with this Enrollment as set forth in the Enterprise Agreement. 3. Pricing. a. Price Levels. For both the initial and any renewal term Enrolled Affiliate's Price Level for all Products ordered under this Enrollment will be Level "D" throughout the term of the Enrollment. b. Setting Prices. Enrolled Affiliate's prices for each Product or Service will be established by its Reseller. Except for Online Services designated in the Product Terms as being exempt from fixed pricing, As long as Enrolled Affiliate continues to qualify for the same price level, Microsoft's prices for Resellers for each Product or Service ordered will be fixed throughout the applicable initial or renewal Enrollment term. Microsoft's prices to Resellers are reestablished at the beginning of the renewal term. 4. Payment terms. For the initial or renewal order, Microsoft will invoice Enrolled Affiliate's Reseller in three equal annual installments. The first installment will be invoiced upon Microsoft's acceptance of this Enrollment and remaining installments will be invoiced on each subsequent Enrollment anniversary date. Subsequent +..., t .+... .J I.. AGI II'..a F... orders are invoice upon acceptance o the order and Enrolled niiiliaLe may elect to pay annually or upfront for Online Services and upfront for all other Licenses. 5. End of Enrollment term and termination. a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for Licenses for Products it has used but has not previously submitted an order, except as otherwise provided in this Enrollment. b. Renewal option. At the Expiration Date of the initial term, Enrolled Affiliate can renew Products by renewing this Enrollment for one additional 36-month term or by signing a new Enrollment. Microsoft must receive a Renewal Form, Product Selection Form, and renewal order prior to or at the Expiration Date. Microsoft will not unreasonably reject any renewal. EA20201 EnrGov(US)SLG(ENG)(0ct2019) Page 5 of 10 Document X20-10635 Page 215 of 1533 Microsoft may make changes to this program that will make it necessary for Customer and its Enrolled Affiliates to enter into new agreements and Enrollments at renewal. c. If Enrolled Affiliate elects not to renew. (i) Software Assurance. If Enrolled Affiliate elects not to renew Software Assurance for any Product under its Enrollment, then Enrolled Affiliate will not be permitted to order Software Assurance later without first acquiring a new License with Software Assurance. (ii) Online Services eligible for an Extended Term. For Online Services identified as eligible for an Extended Term in the Product Terms, the following options are available at the end of the Enrollment initial or renewal term. 1) Extended Term. Licenses for Online Services will automatically expire in accordance with the terms of the Enrollment. An extended term feature that allows Online Services to continue month -to -month ("Extended Term") is available. During the Extended Term, Online Services will be invoiced monthly at the then -current published price as of the Expiration Date plus a 3% administrative fee for up to one year. If Enrolled Affiliate wants an Extended Term, Enrolled Affiliate must submit a request to Microsoft at least 30 days prior to the Expiration Date. 2) Cancellation during Extended Term. At any time during the first year of the Extended Term, Enrolled Affiliate may terminate the Extended Term by submitting a notice of cancellation to Microsoft for each Online Service. Thereafter, either party may terminate the Extended Term by providing the other with a notice of cancellation for each Online Service. Cancellation will be effective at the end of the month following 30 days after Microsoft has received or issued the notice. (iii) Subscription Licenses and Online Services not eligible for an Extended Term. If Enrolled Affiliate elects not to renew, the Licenses will be cancelled and will terminate as of the Expiration Date. Any associated media must be uninstalled and destroyed and Enrolled Affiliate's Enterprise must discontinue use. Microsoft may request written certification to verify compliance. d. Termination for cause. Any termination for cause of this Enrollment will be subject to the "Termination for cause" section of the Agreement. In addition, it shall be a breach of this Enrollment if Enrolled Affiliate or any Affiliate in the Enterprise that uses Government Community Cloud Services fails to meet and maintain the conditions of membership in the definition of Community. e. Early termination. Any early termination of this Enrollment will be subject to the "Early Termination" Section of the Enterprise Agreement. For Subscription Licenses, in the event of a breach by Microsoft, or if Microsoft terminates an Online Service for regulatory reasons, Microsoft will issue Reseller a credit for any amount paid in advance for the period after termination. 6. Government Community Cloud. a. Community requirements. If Enrolled Affiliate purchases Government Community Cloud Services, Enrolled Affiliate certifies that it is a member of the Community and agrees to use Government Community Cloud Services solely in its capacity as a member of the Community and, for eligible Government Community Cloud Services, for the benefit of end users that are members of the Community. Use of Government Community Cloud Services by an entity that is not a member of the Community or to provide services to non -Community members is strictly prohibited and could result in termination of Enrolled Affiliate's license(s) for Government Community Cloud Services without notice. Enrolled Affiliate acknowledges that only Community members may use Government Community Cloud Services. b. All terms and conditions applicable to non -Government Community Cloud Services also apply EA20201 EnrGov(US)SLG(ENG)(0ct2019) Page 6 of 10 Document X20-10635 Page 216 of 1533 a DRAT . to their corresponding Government Community Cloud Services, except as otherwise noted in the Use Rights, Product Terms, and this Enrollment. c. Enrolled Affiliate may not deploy or use Government Community Cloud Services and corresponding non -Government Community Cloud Services in the same domain. d. Use Rights for Government Community Cloud Services. For Government Community Cloud Services, notwithstanding anything to the contrary in the Use Rights: (i) Government Community Cloud Services will be offered only within the United States. (ii) Additional European Terms, as set forth in the Use Rights, will not apply. (iii) References to geographic areas in the Use Rights with respect to the location of Customer Data at rest, as set forth in the Use Rights, refer only to the United States. EA20201 EnrGOv(US)SLG(ENG)(Oct2019) Page 7 of 10 Document X20-10635 Page 217 of 1533 Enrollment Details 1. Enrolled Affiliate's Enterprise. a. Identify which Agency Affiliates are included in the Enterprise. (Required) Enrolled Affiliate's Enterprise must consist of entire offices, bureaus, agencies, departments or other entities of Enrolled Affiliate, not partial offices, bureaus, agencies, or departments, or other partial entities. Check only one box in this section. If no boxes are checked, Microsoft will deem the Enterprise to include the Enrolled Affiliate only. If more than one box is checked, Microsoft will deem the Enterprise to include the largest number of Affiliates: ❑ Enrolled Affiliate only ❑ Enrolled Affiliate and all Affiliates ❑ Enrolled Affiliate and the following Affiliate(s) (Only identify specific affiliates to be included if fewer than all Affiliates are to be included in the Enterprise): ❑ Enrolled Affiliate and all Affiliates, with following Affiliate(s) excluded: b. Please indicate whether the Enrolled Affiliate's Enterprise will include all new Affiliates acquired after the start of this Enrollment: <Choose One> 2. Contact information. Each party will notify the other in writing if any of the information in the following contact information page(s) changes. The asterisks (*) indicate required fields. By providing contact information, Enrolled Affiliate consents to its use for purposes of administering this Enrollment by Microsoft, its Affiliates, and other parties that help administer this Enrollment. The personal information provided in connection with this Enrollment will be used and protected in accordance with the privacy statement available at htti)s://www.microsoft.com/licensin_q/servicecentL a. Primary contact. This contact is the primary contact for the Enrollment from within Enrolled Affiliate's Enterprise. This contact is also an Online Administrator for the Volume Licensing Service Center and may grant online access to others. The primary contact will be the default contact for all purposes unless separate contacts are identified for specific purposes Name of entity (must be legal entity name)* Contact name* First Last Contact email address* Street address* City* EA20201 EnrGov(US)SLG(ENG)(0ct2019) Page 8 of 10 Document X20-10635 Page 218 of 1533 State* Postal code* - (Please provide the zip + 4, e.g. xxxxx-xxxx) Country* Phone* Tax ID * indicates required fields b. Notices contact and Online Administrator. This contact (1) receives the contractual notices, (2) is the Online Administrator for the Volume Licensing Service Center and may grant online access to others, and (3) is authorized to order Reserved Licenses for eligible Online Servies, including adding or reassigning Licenses and stepping -up prior to a true -up order. ❑ Same as primary contact (default if no information is provided below, even if the box is not checked). Contact name* First Last Contact email address* Street address* City* State* Postal code* - (Please provide the zip + 4, e.g. xxxxx-xxxx) Country* Phone* Language preference. Choose the language for notices. English ❑ This contact is a third party (not the Enrolled Affiliate). Warning: This contact receives personally identifiable information of the Customer and its Affiliates. * indicates required fields c. Online Services Manager. This contact is authorized to manage the Online Services ordered under the Enrollment and (for applicable Online Services) to add or reassign Licenses and step-up prior to a true -up order. ❑ Same as notices contact and Online Administrator (default if no information is provided below, even if box is not checked) Contact name*: First Last Contact email address* Phone* ❑ This contact is from a third party organization (not the entity). Warning: This contact receives personally identifiable information of the entity. * indicates required fields d. Reseller information. Reseller contact for this Enrollment is: Reseller company name* Street address (PO boxes will not be accepted)* City* State* Postal code* Country* Contact name* Phone* Contact email address* * indicates required fields EA20201 EnrGov(US)SLG(ENG)(0ct2019) Page 9 of 10 Document X20-10635 Page 219 of 1533 EDRAFT By signing below, the Reseller identified above confirms that all information provided in this Enrollment is correct. Signature* _ R Printed name* Printed title* i Date* * indicates required fields Changing a Reseller. If Microsoft or the Reseller chooses to discontinue doing business with each other, Enrolled Affiliate must choose a replacement Reseller. If Enrolled Affiliate or the Reseller intends to terminate their relationship, the initiating party must notify Microsoft and the other party using a form provided by Microsoft at least 90 days prior to the date on which the change is to take effect. e. If Enrolled Affiliate requires a separate contact for any of the following, attach the Supplemental Contact Information form. Otherwise, the notices contact and Online Administrator remains the default. (i) Additional notices contact (ii) Software Assurance manager (iii) Subscriptions manager (iv) Customer Support Manager (CSM) contact 3. Financing elections. Is a purchase under this Enrollment being financed through MS Financing? ❑ Yes, ® No. If a purchase under this Enrollment is financed through MS Financing, and Enrolled Affiliate chooses not to finance any associated taxes, it must pay these taxes directly to Microsoft. EA20201 EnrGov(US)SLG(ENG)(0ct2019) Page 10 of 10 Document X20-10635 Page 220 of 1533 8.G.2. 0 PdGG10D TO PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Carrie Mast, Chief Information Officer Information Technology P0Y�►&7r-1031 CONSENT AGENDA - INFORMATION TECHNOLOGY DATE: 12/6/2022 *ACTION ITEM - FUNDING REQUEST QUASI-JUDICIAL ITEM? No Request for New Position - Information Technology Training Specialist The Information Technology Department is requesting an additional full-time employee (FTE) for our approved Fiscal Year 23 budget. The new position requested is for a Training specialist to support employees' needs, including but not limited to Employee Development, New Employee Orientation, overall general software questions, Microsoft 0365 programs, and much more. Information Technology previously had a trainer, and it was deemed to be very beneficial to our organization. Information Technology has had an influx of requests for training with regards to applications and/or basic computer training. An assessment will be completed once the position is approved to determine the needs of the organization. 1��1 L�Iil;�_[� [�P► to N/A FINANCIAL IMPACT: We are requesting the full-time position to begin mid -way through Fiscal Year 23. This position will start at the midpoint salary of a Pay Grade 20. Including benefits, the estimated cost of this position is $71,658.22 for the remainder of Fiscal Year 23. This position will impact our salary funding account 001-1955-512000-190000, which is expected to have savings from vacant positions. The funding from the vacant positions will be utilized to fund the salary of this requested position for the current fiscal year. RECOMMENDATION: Staff recommends Board approval of a full-time employee for the Information Technology Training Specialist position estimated at a cost of $71,658.22 and approval of the funding request. COMMISSION ACTION: RESULT: Page 225 of 1533 MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: November 21, 2022 Carrie Mast, Chief Information Officer Jennifer Hill, Office of Management & Budget Director Thomas Epsky, HR & Risk Management Director Daniel McIntyre, County Attorney Howard Tipton, County Administrator Date: November 29, 2022 Date: November 29, 2022 Date: November 29, 2022 Date: November 30, 2022 Page 226 of 1533 Q INFORMATION TECHNOLOGY + } q ,� MEMORANDUM vVe o AGENDA REQUEST TO: Board of County Commissioners FROM: Carrie Mast, Chief Information Officer DATE: November 14th, 2022 SUBJECT: Information Technology Training Specialist position requested BACKGROUND: The IT Department is requesting an Information Technology Training Specialist position to support the employee needs to include but not limited to Employee Development, New Employee Orientation, overall general software questions, Microsoft 0365 programs, and preparation for the new Enterprise Resource Planning System (ERP), and much more. IT previously had a Trainer, and it was deemed to be very beneficial to our organization. (Please see the attached previous schedule of duties.) As we embark on replacing our core systems with a new ERP, it is imperative that we leverage our existing investments in technology. Getting our employees to be active participants in the systems and applications that they use each day and are needed to perform their job duties is essential. The new ERP will touch all county employees in some way; Finance, Human Resources, Procurement, Project Management and Reporting at an Enterprise level, to name a few. It will be the single most impactful Information Technological innovation the county has ever seen. I want to ensure that we get the maximum Return on Investment (ROI) by utilizing the full capabilities of the new system and functionality. I believe with the proper ongoing training program, that can be achieved through continues courses, lunch-n-learns, tips/techniques, etc. We need to be prepared with a solid foundation of a training program, a resource hired, a tool to leverage ahead of the new ERP system being selected given the $4million dollars we have already committed. IT has had an influx of requests for training with regards to applications and/or basic computer training. Most of the most recent requests have come from Facilities. Additionally, with recent increases in retirements and employee turnover, it is causing a rise in needs for training of our applications during onboarding as well. For example, these recent independent requests have come in: • Kelly Lang — County Administration regarding newly appointed County Commissioners and their Aides. • Jeffrey Dougherty — Facilities Director Carrie Mastl Chief Information Officer 1 2300 Virginia Avenue I Fort Pierce, FL 34982 �- (772) 462-6444 2 (772) 462-1428 0 (772) 462-2131 r mastc@stlucieco.org Page 227 of 1533 • Scott Beaulieu — Facilities Deputy Director • Joey DiFrancesco — Housekeeping Superintendent • Bobby Ettswold — Facilities Manager • As well as Parks and Recreation, Public Works, and others FINANCIAL IMPACT: Since I arrived at the County in August, the budget cycle had already closed, and I was unable to make any requests for the upcoming year. We are requesting the full-time position to begin mid- way through the budget year. This position will be at Pay Grade 20, and we are requesting it be approved at the midpoint of the salary grade. (Half of the year would equal = $34,580 for salary base and $71,658.22 with benefits) Amounts requested: a. 22-23 — $71,658.22 (estimated half -year of salary with benefits) b. 23-24 — $116,081.55 (estimated full -year of salary with benefits) The Information Technology Department anticipates that it can fund this position during this current fiscal year utilizing vacancy savings from current open positions in the department. We will then request full budgetary funding for future years during the next budget cycle in 2023. Note: Previously we were able to support the Property Appraiser, Tax Collector, Clerk of Court, Public Defender, Fort Pierce Police Dept., SLC Fire District, SLC Sheriff's Office, with a fee of an estimated $35.00 per person which was given back to support the training budget. This is an option we would like to explore in the future. I had considered hiring a contractor/consultant in leu of an FTE; however, we need consistency in a resource, someone dedicated fulltime, personalized content and someone that would be able to tailor things to our needs as a county. Further, I believe the costs would be 40% higher given the depth and breadth of applications needed to be trained on and content created. RECOMMENDATION: I am recommending an IT Trainer Specialist position be added to the Information Technology Department to support building a more solid technical skill set in the organization in preparation for the new ERP system purchase and implementation. This change will better position Information Technology to support the organizational goals and execute the strategic plan. COMMISSION ACTION: Page 228 of 1533 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS POSITION REQUEST FOR FISCAL YEAR 2022-2023 DEPARTMENT: Information Technology DIVISION: POSITION TITLE: Information Technology Training Specialist (attach .job description) TFTE, 1.0 SALARY: $ 34,580.00 JOB CODE: TBD 0 HR USE ONLY END OF PROBATION INCREASE: $ 1,729.00 BENEFITS: $ 35,349.22 PAY GRADE: 20 EXEMPT ❑ NON-EXEMPT ❑ *OTHER COST: TOTAL BUDGET: $ 71,658.22 POSITION #: TBD PAY SCALE: ACCOUNT#: JUSTIFICATION: There is a need for a full-time trainer position for the BOCC due to growing demands of technological needs. IT has received numerous requests from departments for training for their teams. The trainer would be able to support the organization through computer literacy, Microsoft 0365, and much more depending on the organizational needs. We are requesting the full-time position to begin in April 2023, mid -way through the budget year. This position will be at Pay Grade 20, and we are requesting it be approved at the midpoint of the salary grade. (Half of the year would equal = $34,580 for salary base and $71,658.22 with benefits) Amounts requested: a.22-23 - $71,658.22 (estimated half -year of salary with benefits) b.23-24 - $116,081.55 (estimated full -year of salary with benefits) Approved El Denied El Department Director Approved El Denied El Jennifer Hill, Office of Management & Budget Director Approved Denied El Mark Satterlee or Alphonso Jefferson, Deputy County Administrator (if applicable) Approved Denied n Thomas Epsky, Human Resources & Risk Management Director *OTHER COST -associated with the position could include items such as computer, software, phone, etc. . DATE OF BOARD APPROVAL OR BUDGET ADOPTION IF REQUESTED IN BUDGET PROCESS: Page 229 of 1533 JOB CODE: PAY GRADE: 20 I.T. TRAINING SPECIALIST MAJOR FUNCTION: Responsible for training needs analysis, design, development, delivery, and measurement of training programs. Coordinator, scheduler, organizer, and instructor for the training sessions. KNOWLEDGE, ABILITIES, AND SKILLS NEEDED TO PERFORM THE ESSENTIAL JOB FUNCTIONS: Knowledge: • Extensive knowledge of Microsoft Office 365 • PC Usage • Computer Literacy • Technical writing presentation skills Abilities: Ability to establish and maintain effective working relationships with customers, fellow employees, management, and external contractors or suppliers. Ability to analyze customer's needs and take the lead in designing, developing, and presenting training programs that will best meet those needs. Able to present oral and written reports clearly and concisely. Logical thinking with strong interpersonal skills and command of the language is essential. Skills: • Advanced proficiency with Microsoft Office 365, including but not limited to Outlook, PowerPoint, Visio, Excel, Word, Publisher. • Communicate effectively, both verbally and in writing. ESSENTIAL JOB FUNCTION: • Performs related work as requested or assigned. • Exceptional communications skills, both oral and written. • Provides high quality and sound training to St. Lucie County employees • Utilizes appropriate training and instructional devices and approaches that result in student learning and ability to perform. • Develops subject matter expertise in assigned products and provides expertise to both internal and external audiences. • Cross -train in other BOCC/IT programs. • Staying current and learning any newly introduced Enterprise programs. EMERGENCY MANAGEMENT RESPONSIBILITIES: During emergency conditions, all County employees are automatically considered emergency service workers. County employees are subject to being called to work in the event of a disaster, such as a hurricane, or other emergency situation and are expected to perform emergency service duties, as assigned. Page 230 of 1533 ESSENTIAL PHYSICAL SKILLS: Requires manual dexterity sufficient to operate a keyboard, calculator, telephone, copier, and other related office equipment as necessary. Good vision and hearing with or without correction. Occasional walking and frequent standing. Ability to occasionally lift 30 pounds. Reasonable accommodations may be made to enable individuals with disabilities to perform essential functions. EMERGENCY MANAGEMENT RESPONSIBILITIES: During emergency conditions, all County employees are automatically considered emergency service workers. County employees are subject to being called to work in the event of a disaster, such as a hurricane, or other emergency situation and are expected to perform emergency service duties, as assigned. ENVIRONMENTAL CONDITION REQUIREMENTS: Constant work inside the office in a sedentary posture. Occasional outdoor work at remote offices and outdoor work sites when visiting County departments. WORK HAZARDS: Possible vision or hand/arm dysfunction due to heavy computer work. SAFETY EQUIPMENT USED OR NEEDED: None EDUCATION: A Bachelors (4) degree in Computer Science or related field from an accredited college or university. EXPERIENCE: Two -Three years progressively responsible for or related experience in employee training and/or technical writing. A comparable amount of training or experience may be substituted for the minimum qualifications. LICENSE, CERTIFICATION OR REGISTRATION: Valid Florida's Driver's License and must maintain a good driving record. Union Non -Union Exempt A Non -Exempt New 11/2022 Page 231 of 1533 Draft of Information Technology Training Specialist duties and responsibilities (new class assessment to be completed once position approved depending on organizational needs) Class Development • Research and develop class content, activities, presentations, and follow-up material. I use CustomGuide materials for most Microsoft Office content. Customize the manuals. • Create a class description for marketing to outside agencies. • Previous class subjects to possibly include: Outlook Introduction, Outlook Intermediate, Word Introduction, Word Intermediate, Excel Introduction, Excel Intermediate, Excel Formulas & Functions, PowerPoint Introduction, PowerPoint Intermediate, Publisher Introduction, Office 365, New User Orientation, Kronos Leave Requests, Kronos Timekeeper Basics Class Scheduling and Advertisement • Schedule classes on SLC Training Scheduler Admin (See SLC Class Scheduler folder, Using the Admin Training Scheduler file) and advertise to BOCC employees, as well as outside agency contacts. (See additional info about outside agencies below.) • Track registrations and cancellations. I created a rule that sends all class registrations to a folder so they don't clog up inbox. • Print class handouts and send the class manuals via email after the class. Also post these on the intranet training site. • Print class certificates. (See Class Certificates.) Class Instruction • Always arrive at least 30 minutes before scheduled class time to prepare. Also, sometimes employees come in early. • Create a sign -in sheet. • Be prepared for several skill levels in one class. Patience is extremely important. • Go at a slow pace and be very clear with instructions. Remember that you may know the content well, but they are hearing it for the first time. Post Class Work • Restart all lab computers and podium pc. • Review student evaluations • Modify class content as needed, research and answer class questions, send class manuals via email (except for outside agencies), create work order in Track -It if needed. Miscellaneous • Assist with New User Orientation classes every other Monday. Coordinate with Human Resources. • Offer one-on-one classes for special requests as needed. • Offer support to employees with software usage questions. • Assist employees with software related projects. • Coordinate training for software implementation and upgrades. • Maintain Intranet Training site. • Maintain St. Lucie County Class Scheduling System (Admin and Student modules) • Coordinate IT Training Lab use. Page 232 of 1533 o When someone requests use of the training lab, send them policies and procedures. (See IT Training Lab folder, IT Training Lab Policies and Procedures file. o Check with user to see if there is any special software they need to load and work with help desk to support. o Make sure to be there to let user in and help set up and check the room when they are done. o The door passcode is currently 4151. This should be changed if you give it out to non -IT employees. Instructions to change are found in the training lab, in the printer stand cabinet. • Generate, disperse, and evaluate training needs surveys. • Research and generate training budget o Money brought in from outside agencies is added to the budget for training. Will need to create a budget to show how this money will be used if allowable/needed. • Generate annual reports • Maintain IT Training Lab —clean and stock o The housekeeping employees go into the lab and empty trash and vacuum/clean the floor only. o Wipe down desks and equipment every few classes. There are cleaning supplies in the cabinet. Make sure to use the correct wipes (in white packs) on the monitors. About Outside Agency Training — if allowable/needed • Import Office 365 contacts from Outlook Contacts folder. • Includes Property Appraiser, Tax Collector, Public Defender, Fort Pierce Police Dept., SLC Fire District, SLC Sheriff's Office, and Clerk of Court. • Send class advertisements to outside agency contacts. (See Class Notifications group in imported Outlook contacts.) • Outside agencies do not have access to SLC Training program, so you will have to register for them. If someone does not have an account, create one for them. Use their last name and first initial for their employee ID number. • Classes were $35 per class/per student. Cost to be determined. • Send outside billing information to Evonne. She will need the following information: class name, location, date, name of agency, point of contact, employees completing class, cost of class per student, total cost to be billed, total materials cost. Resources Used To be determined by need Go -To for Help: • Lab computers (Help desk) • Kronos(Ron) Page 233 of 1533 8.H.1. 0 PdGG10D TO PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners p4spap r.111[1] CONSENT AGENDA - OFFICE OF MANAGEMENT & BUDGET DATE: 12/6/2022 *ACTION ITEM - BOARD APPROVAL QUASI-JUDICIAL ITEM? No Jennifer Hill, Office of Management & Budget Director Office of Management & Budget Establishing a Schedule of Repayment for Prior Advances to the Sheriff's Office The Board has provided the Sheriff's Office with advance funding several times over the last three years. Typically, the Sheriff's Office repays the County in full once they receive reimbursement (from FEMA, Insurance, etc.). However, several of the recent issues are taking longer than normal to receive outside reimbursement, and there is a possibility that not all funding will be reimbursed by insurance and FEMA. The Board of County Commissioners of St. Lucie County, has provided the following advance funding to the Sheriff's Office: Agenda Date 9/17/2019Hurricane Dorian 6/16/2020Ransomware 6/16/202000VID19 Response 10/20/202000VID19 Overtime and benefits 10/19/2021COVID19 overtime, benefits and PPE Total Advances Less: Ransomware Insurance Reimbursement Less: CARES Act to County Less: FEMA Dorian Payment Less: 2022 Payment Balance Amount $ 538,191.24 $ 486,000.00 $ 556,117.00 $ 538,347.00 $ 408,370.00 $ 2,527,025.24 $ (231,863.33) $ (1,592,973.28) $ (246,395.72) $ (128,826.07) $ 326,966.84 The Sheriff's Office still has ongoing claims with FEMA related to Hurricane Dorian and COVID. In the event that the Sheriff's Office receives FEMA payments related to these events, those proceeds will be used to repay the outstanding balance upon receipt of the funds. Page 234 of 1533 The Sheriff's Office and County Staff would like to establish a payment schedule of $108,998.95 per year for unreimbursed expenses related to these advances, which will result in the balance being repaid over three years or less (in the event that FEMA proceeds are received). PREVIOUS ACTION: On September 17, 2019, the Board approved a $538,191.24 payment to the Sheriff's Office for Hurricane Dorian expenses. On June 16, 2020, the Board approved a $1,042,117 payment to the Sheriff's Office for Ransomware ($486,000) and COVID ($556,117) expenses. On October 20, 2020, the Board approved a $538,347 payment to the Sheriffs Office for COVID expenses. On October 19, 2021, the Board approved a $408,370 payment to the Sheriff's Office for COVID expenses. FINANCIAL IMPACT: There are no additional County expenses associated with this item. This item addresses repayment related to prior years' expenses. RECOMMENDATION: Staff recommends the Board approve the proposed plan for the Sheriff's Office to repay the $326,966.84 owed to the County. The plan would be for the Sheriff's Office to make annual payments of $108,988.95 and forward any FEMA reimbursements to the County related to these events. Once the total Sheriff's payments and/or FEMA reimbursements reach $326,966.84, the advances will be considered resolved and no additional payments will be expected from the Sheriff's Office related to the advances made between September 2019 and October 2021. COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures l Date: November 18, 2022 Jennifer Hill, Office of Management & Budget Director Date: November 28, 2022 Daniel McIntyre, County Attorney Page 235 of 1533 Date: November 30, 2022 Alphonso Jefferson, Deputy County Administrator Date: November 30, 2022 Howard Tipton, County Administrator Page 236 of 1533 �17CWTMJ - Q L7= C P� AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Sandra Jackson SUBMITTED BY: Sheriff's Office 8. L.1. 2021-52422 CONSENT AGENDA - SHERIFF'S OFFICE DATE: 10/19/2021 *ACTION ITEM - BUDGET AMENDMENT QUASI-JUDICIAL ITEM? No SUBJECT: Reimbursement for Overtime and Benefits for the COVID-19 Pandemic and Budget Amendment in the Amount of $408,370.00 I IMTO:[N Mill II LII lip This request is for overtime, benefits, and personal protective equipment (PPEs) expended due to the COVID- 19 pandemic in the amount of $408,307.00. This request is for budget year 2020-2021. These funds are accounted for in a special revenue fund so no change to our general operating fund is required. As soon as reimbursement is received from FEMA and the State of Florida, the Sheriff's Office will remit those funds to the Board. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Funds will be available from the St. Lucie County Emergency Reserve 001-9910-599301-810000 to account number 001-8192-599043-810000 for $408,307.00 via an internal line to line. RECOMMENDATION: Staff recommends that the Board approve the request for reimbursement and budget amendment in the amount of $408,307.00. COMMISSION ACTION: RESULT: APPROVE MOVER: Commissioner District 2 Sean Mitchell SECONDER: Commissioner District 3 Linda Bartz AYES: Chris ❑zadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend Page 237 of 1533 NAYS: None EXCUSED: None Coo rd i nation/Signatures Date: September 28, 2021 Jennifer Hill, Office of Management & Budget Director 1� N , Date: September 29, 2021 Daniel McIntyre, County Attorney Date: September 29, 2021 Howard Tipton, County Administrator Page 238 of 1533 St. Lucie County Sheriffs Office COVID-19 Expenditures October 1, 2020 —August 13, 2021 Overtime 178,018 FICA 10,827 Medicare 2,532 Retirement 41,153 Workers Compensation 7,550 Operating Supplies 114,359 Food -- Additional charge 53,931 Total �$ Page 239 of 1533 Q�%priff KEN I MASCARA 4700 West Midway Road, Fort Pierce, Florida 34981 September 22, 2021 The Honorable Chris Dzadovsky St. Lucie County Board of Commissioners 2300 Virginia Avenue Ft. Pierce, Florida 34982 Dear Commissioner Dzadovsky, Member National Sheriffs' Association Member Florida Sheriffs' Association Telephone: (772) 461-7300 • Fax: (772) 489-5851 The attached is for overtime, benefits, and personal protective equipment (PPEs) expended due to the COVID-19 pandemic in the amount of $408,370. This request is for the budget year 2020- 2021. These funds are accounted for in a special revenue fund so no change to our general operating fund is required. As soon as reimbursement is received from FEMA and the State of Florida, the Sheriff's Office will remit those funds to the Board. Additional funds are being requested. Thank you in advance for your assistance. Please contact our Finance Manager Sandra Jackson at 462-3345 if you have questions. Sincere F Ken J. Mascara Sheriff Attachment Page 240 of 1533 *11jertff KEN J. MASCARA 4700 West Midway Road, Fort Pierce, Florida 34981 UNRIN LA C5NERlF� 1 . Member National Sheriffs' Association } Member Florida Sheriffs' Association Telephone: (772) 461-7300 * Fax: (772) 489-5851 CIE CO TO: Board of County Commissioners FROM: Sandra Jackson, Finance Manager DATE: September 24, 2021 SUBJECT: Budget Amendment in the amount of $408,370.00. ITEM #: 52422 Background: This request is for overtime, benefits, and personal protective equipment (PPEs) expended due to the COVID-19 pandemic in the amount of $408,307.00. This request is for budget year 2020- 2021. These funds are accounted for in a special revenue fund so no change to our general operating fund is required. As soon as reimbursement is received from FEMA and the State of Florida, the Sheriffs Office will remit those funds to the Board. Total Requested amount: $408,307.00. fl.ORunA 4CC1?E0rroxoo Page 241 of 1533 �17CWTMJ - Q L7= C P� AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Toby Long SUBMITTED BY: Sheriff's Office 10.C.1. 2020-50432 REGULAR AGENDA - SHERIFF'S OFFICE DATE: 10/20/202-0 *ACTION ITEM - BUDGET AMENDMENT QUASI-JUDICIAL ITEM? No SUBJECT: Reimbursement for overtime and benefits for the COVID-19 pandemic and Budget Amendment in the amount of $538,347.00 I:JAN[ 1[NMill IILIIlip This request is for overtime and benefits expended due to the COVID-19 pandemic in the amount of $S38,347. This request is for budget year 2019-2020. These funds are accounted for in a special revenue fund s❑ no change to our general operating fund is required. As soon as reimbursement is received from FEMA and the State of Florida the Sheriff's Office will remit those funds to the Board. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Funds will be available from the St. Lucie County Emergency Reserve (001-9910-599301-810000) to account number 001-8192-599043-810000 for $538,347 via an internal line to line. RECOMMENDATION: Staff recommends that the Board approve the request for reimbursement and budget amendment in the amount of $538,347.00. COMMISSION ACTION: RESULT: APPROVE MOVER: Commissioner District 2 Sean Mitchell SECONDER: Commissioner District 3 Linda Bartz AYES: Chris ❑zadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson Page 242 of 1533 NAYS: None EXCUSED: None Coo rd i nation/Signatures Date: September 30, 2020 Jennifer Hill, Office of Management & Budget Director 1� N , Date: September 30, 2020 Daniel McIntyre, County Attorney Date: October 03, 2020 Howard Tipton, County Administrator Page 243 of 1533 .411jeriff KEN J. MASCARA 4700 West Midway Road, Fort Pierce, Florida 34981 September 22, 2020 The Honorable Cathy Townsend St. Lucie County Board of County Commissioners 2300 Virginia Avenue Ft. Pierce, FL 34982 Dear Commissioner Townsend: Member National Sheriffs' Association Member Florida Sheriffs' Association Telephone: (772) 461-7300 • Fax: (772) 489-5851 The attached is for overtime and benefits expended due to the COVID-19 pandemic in the amount of $538,347. This request is for the budget year 2019-2020. These funds are accounted for in a special revenue fund so no change to our general operating fund is required. As soon as reimbursement is received from FEMA and the State of Florida, the Sheriff's Office will remit those funds to the Board. Additional funds are being requested. Thank you in advance for your assistance. Please contact our Director of Finance Toby Long at 462-3220 if you have questions. Qinra lX7 Attachment ,VLORIDA I CCREDITA'YIO� Page 244 of 1533 Q L17= C r ti� AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Toby Long SUBMITTED BY: Sheriff's Office 10.E.1. 2020-49909 REGULAR AGENDA - SHERIFF'S OFFICE DATE: 6/16/2020 *ACTION ITEM - BUDGET AMENDMENT QUASI-JUDICIAL ITEM? No SUBJECT: Request for a Budget Amendment for Ransomware Attack and Response to COVID- 19 Pandemic of $1,042,117.00 I:v_T9IM Mall I LII BE The attached costs are for expenditures paid based on the challenges faced by the Sheriff's Office in fiscal year 2019-2020 in the amount of $1,042,117. The Sheriff formally request a budget amendment to the Board of County Commissioners due to the ransomware attack in December 2019 and the ongoing response to the COVID-19 Pandemic. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Advance disaster funds will be provided from the St. Lucie County Emergency Reserve (001-9910-599301- 910000) for $1,042,117. RECOMMENDATION: Staff recommends that the Board approve the request for reimbursement and budget amendment for FY 2019-2020 in the amount of $1,042,117.00. COMMISSION ACTION: RESULT: APPROVE MOVER: Commissioner District 2 Sean Mitchell SECONDER: Commissioner District 4 Frannie Hutchinson AYES: Chris ❑zadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson NAYS: None Page 245 of 1533 I EXCUSED: None I Coordination/Signatures Date: June 01, 2020 Ken J. Mascara Date: June 02, 2020 Jennifer Hill, Office of Management & Budget Director Date: June 02, 2020 Daniel McIntyre, County Attorney Date: June 02, 2020 Howard Tipton, County Administrator Page 246 of 1533 y�ca CO& +1 • 4 fteriff KEN J_ MASCARA 4700 West Midway Road, Fort Pierce, Florida 34981 MEMORANDUM Member National Sheriffs' Association Member Florida Sheriffs' Association Telephone: (772)462-7300 • Fax: (772)489-5851 TO: Cathy Townsend, Chair 5t_ Lucie County Board of County Commission VIA: Howard Tipton, County A inistrator FROM: Sheriff Ken J_ Mascar RE: June 16, 2020 Age em — Budget Amendment Request DATE: May 28, 2020 Based on challenges faced by the St. Lucie County Sheriff's Office in fiscal year 2019/20, 1 would like to formally present a budget amendment to the Board of County Commissioners at the June 16, 2020 meeting. Rationale for request: • Ransomware attack December 2019-January 2020 t o $486,000 for virus mitigation, consulting, hardware and software. tAn insurance claim has been filed. When the agency is reimbursed, we will reimburse the County. • Coronavirus Pandemic March 2020-presentt o Purchases of PPE and sanitation supplies $167,175. o Increased food costs due to trustees being quarantined $72,142. o Nursing contract for specialized nursing services for Covid-19 positive inmates as recommended by the State DOH $316,800. o Additional unbudgeted staff overtime due to 16 deputies being quarantined (costTBD). Additional unbudgeted costs depending on future outbreaks, PPE, food, etc. may substantiate additional budget amendments. $We believe these casts are FEMA reimbursable. ACt'REnrrAll O°4 Page 247 of 1533 Q L17= C r ti� AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Toby Long SUBMITTED BY: Sheriff's Office 8.1.1. 2019-46856 CONSENT AGENDA - SHERIFF'S OFFICE ❑ATE:9/17/2019 *ACTION ITEM - BUDGET AMENDMENT QUASI-JUDICIAL ITEM? No SUBJECT: Reimbursement of Hurricane Dorian costs and Budget Amendment in the amount of $538,191.24 I:v_T9IM Mall I LII BE The attached costs are for expenditures paid for during FY 2019 in the amount of $538,191.24. These amounts will be reimbursed to the County as soon as the Sheriff's Office receives reimbursement for this amount from FEMA. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Advance disaster funds will be provided from the St. Lucie County Emergency Reserve (001-9910-599301-800) for $538,191.24. RECOMMENDATION: Staff recommends that the Board approve the request for reimbursement and budget amendment for FY 2018-2019 in the amount of $538,191.24. COMMISSION ACTION: RESULT: ADOPT MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 5 Cathy Townsend AYES: Chris ❑zadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson NAYS: None EXCUSED: None Page 248 of 1533 Coord i n ati o n/S ign atu res Jennifer Hill, Office of Management & Budget Director ❑aniel McIntyre, County Attorney Howard Tipton, County Administrator Date: September 10, 2019 Date: September 10, 2019 Date: September 11, 2019 Page 249 of 1533 ;9�4eriff KEN J. MASCARA 4700 West Midway Road, Fort Pierce, Florida 34961 September 9, 2019 4NE R I t 1 .410 (Z CIE CO — The Honorable Linda Bartz, Chair St. Lucie County Board of County Commissioners 2300 Virginia Avenue Fort Pierce, FL 34982 Dear Commissioner Bartz: Member National Sheriffs' Association y. Member Florida Sheriffs` Association s Telephone: (772) 461-7300 P Fax: (772) 489-5851 This agenda item is for overtime and benefits expended for Hurricane Dorian in the amount of $538,191.24. This request is for the budget year 2018-2019. These funds are accounted for in a special revenue fund so no change to our general operating fund is required. As soon as reimbursement is received from FEMA and the State of Florida, the Sheriff s Office will remit those funds to the Board. Sincerely, Ken . ascara Page 250 of 1533 County Advance Reimbursement Request for hurricane Dorian Law Enforcement Overtime 293,563.69 Benefits 89,485.00 383,048.39 Jail Overtime 118, 058.40 Benefits 37,084.45 155,142.85 Total Reimbursement 538 1.91.24 Page 251 of 1533 MM 0 PdGG10D TO PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Rangel Guerrero, Public Safety Director Public Safety CONSENT AGENDA - PUBLIC SAFETY DATE: 12/6/2022 *RESOLUTION ITEM - BOARD APPROVAL QUASI-JUDICIAL ITEM? NO Approval of the FY22-23 Emergency Medical Services (EMS) Grant Application (State of Florida, Department of Health, Emergency Medical Services Grant Unit) and Resolution No. 2022-217 The St. Lucie Fire District has completed an application for the annual Emergency Medical Services (EMS) grant from the Florida Department of Health. The District anticipates receiving up to $64,638.00 as per Section 4 of the application. By acceptance of the grant, the Board of County Commissioners is certifying the monies from the EMS grant will improve and expand the County's pre -hospital EMS system, and the grant monies will not be used to supplant existing Fire District EMS budget allocations. 1��1 L�Iil;�_[� [�P► to N/A FINANCIAL IMPACT: There is no financial impact on St. Lucie County with this pass -through grant. Adequate funding for this yearly grant has already been budgeted and is available for the Fire District (#104-2610-581060-2950 & 104-2610- 334290-2950 Grants and Donations Fund - Ambulance and Rescue Service - Emergency Medical Service- HRS- Fire District). I:Z��L�I► i► I�i<IZ��[�I►A Staff recommends Board approval of the Emergency Medical Services (EMS) grant application in the amount of $64,638.00, Resolution No. 2022-217, and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: RESULT: Page 252 of 1533 MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Rangel Guerrero, Public Safety Director Jennifer Hill, Office of Management & Budget Director Daniel McIntyre, County Attorney Alphonso Jefferson, Deputy County Administrator Date: November 16, 2022 Date: November 17, 2022 Date: November 21, 2022 Date: November 21, 2022 Page 253 of 1533 Instructions: County Government Application Form 2022 - 2023 The first application page has five numbered items. Please note that Item 2 on the first application page is where the county's authorized person must provide his/her sianature and date. Item 4 describes the content of the current "resolution" that is required. However, if a previous resolution has continuing authority, include a signed message stating such and provide a copy of the previous resolution. Item 5 of the first page of the application form asks for the name of the organization(s) to which you decide to allocate funds from your new county grant. The second page of the application form is the budget page. One of these budget pages is needed for each organization listed in item 5. The county alone has the authority to use all of the grant funds itself or to provide some of the funds to other organizations within the county. However, the county remains responsible to the state for all funds. The budget costs must total the exact amount of new funds for your grant. You can request budget changes and add to the new grant budget unexpended funds from the prior grant after the new grant begins. The Request for Grant Fund Distribution Form is the last page herein and you must complete only the top part of the form. State EMS will complete the bottom part, as stated on the form. You should copy all forms on your computer to use them. If you place them in restricted editing mode, you can use your keyboard Tab key to go from field to field. Page 254 of 1533 EMS COUNTY GRANT APPLICATION 2022 - 2023 FLORIDA DEPARTMENT OF HEALTH Emergency Medical Services Program Complete all items ID. Code (The State EMS Program will assign the ID Code — leave this blank) 1. County Name: St. Lucie County Business Address: 2300 Virginia Ave Ft. Pierce, FL 34982 Telephone: 772-621-3400 Federal Tax ID Number (Nine Digit Number): VF 596000835 2. Certification: (The applicant signatory who has authority to sign contracts, grants, and other legal documents for the county) I certify that all information and data in this EMS county grant application and its attachments are true and correct. My signature acknowledges and assures that the county shall comply fully with the conditions outlined in the Florida EMS County Grant Application. Signature: Date. Printed Name: Sean Mitchell Position Title: Chair 3. Contact Person: (The individual with direct knowledge of the project on a day-to-day basis and has responsibility for the implementation of the grant activities. This person is authorized to sign project reports and may request project changes. The signer and the contact person may be the same.) Name: Mark Cristaldi Position Title: Deputy Chief Address: 5160 NW Milner Dr Port St. Lucie, FL 34983 Telephone: 772-621-3369 1 Fax Number: 772-621-3587 Email Address: mcristaldi@slcfd.org 4. Resolution: Attach a resolution from the Board of County Commissioners certifying the grant funds will improve and expand the county pre -hospital EMS system and will not be used to supplant current levels of county expenditures. We cannot process for funds without this resolution. 5. Organization List: Complete a budget page(s) for each organization, which at your option you will provide funds. List the organization(s) below. (Use additional pages if necessary) St. Lucie County Fire District DH 1684, December 2008 (Rev. July 2018) 64J-1.015, F.A.C. Page 255 of 1533 BUDGET PAGE A. Salaries and Benefits: For each position title, provide the amount of salary per hour, FICA per hour, other fringe benefits, and the total number of hours. Amount N/A TOTAL Salaries = TOTAL FICA & Other Benefits = Total Salaries & Benefits = $ 0.00 B. Expenses: These are travel costs and the usual, ordinary, and incidental expenditures by an agency, such as, commodities and supplies of a consumable nature excluding expenditures classified as operating capital outlay (see next category). List the item and, if applicable, the quantity Amount Comprehensive trauma treatment and MCI training program $64,638.00 estimated to take place over 6 days that will involve a significant number of SLCFD firefighter EMTs & paramedics, neighboring fire departments, law enforcement, and hospitals. Vendors who specialize in such programs will provide the training. Once the training costs details are finalized, an update will be provided to DOH. $64,638.00 Total Expenses = C. Vehicles, equipment, and other operating capital outlay means equipment, fixtures, and other tangible personal property of a non -consumable and non -expendable nature with a normal expected life of one year or more. List the item and, if applicable, the quantity Amount Total Vehicles & Equipment = Grand Total = DH 1684, December 2008 Page 256 of 1533 FLORIDA DEPARTMENT OF HEALTH EMERGENCY MEDICAL SERVICES (EMS) GRANT UNIT REQUEST FOR GRANT FUND DISTRIBUTION In accordance with the provisions of section 401.113(2) (a), Florida Statutes, the undersigned hereby requests an EMS grant fund distribution for the improvement and expansion of pre -hospital EMS. DOH Remit Payment To: The county name, address, and corresponding federal ID number must be in the state MyFloridaMarketPlace (MFMP) system. A finance person in your organization who does business with the state must provide these. Name of County: St. Lucie County Board of County Commissioners Mailing Address: 2300 Virginia Ave Ft. Pierce, FL 34982 Federal 9-digit Identification number: 596000835 3-digit seq. code Authorized County Official: Signature Type or Print Name and Title Sign and return this page with your application to: Florida Department of Health Emergency Medical Services Unit, Grants 4052 Bald Cypress Way, Bin A-22 Tallahassee, Florida 32399-1722 Date Do not write below this line. For use by State Emergency Medical Services Section Grant Amount for State to Pay: -Approved By: Approved By: Signature of State EMS Unit Supervisor Grant ID: Code: Date Signature of Contract Manager Date State Fiscal Year: 2022 - 2023 Organization Code E.O. OCA Object Code Category 64-61-70-30-000 05 SF005 751000 059998 Federal Tax ID: VF Seq. Code: Grant Beginning Date: Grant Ending Date: DH 1767P, December 2008 (rev. June 8, 2018), incorporated by reference in F.A.C. 64J-1.015. 3 Page 257 of 1533 ST. LUCIE COUNTY FIRE DISTRICT ADMINISTRATION IL (Con November 2, 2022 TO: St. Lucie County BOCC & Florida Department of Health FROM: St. Lucie County Fire District RE: EMS County Grant 2022 — 2023 Telephone: (772) 621-3313 Telephone: (772) 621-3314 Fax: (772)873-3280 The St. Lucie County Fire District has primarily utilized EMS County Grant funding to acquire EMS equipment and supplies that have significantly enhanced the level of care we provide to our community. As a direct result of this grant program, lives have been saved and patient outcomes have been improved. The EMS County Grant is a critically important program to our fire department and the community we serve. Unlike previous years, we wish to utilize funds to create a training project unlike any project we have conducted before. With acts of domestic terrorism, active shooter situations, and violence surging across the United States, we want to enact a training event that specializes in preparing first responders for such scenarios. Unfortunately, realistic training is extremely difficult to provide. I am confident that this reality is a significant factor why many first responders struggle to manage these high -risk, low -frequency events. We anticipate the training event occurring over six days. This will afford us the opportunity to provide training over two days for each of our three shifts. We envision a hands-on training component that covers specific types of traumatic injuries, a review of MCI operations and responsibilities, and a final realistic, scenario - based practical evolution with real -life simulations that will incorporate previous training objectives. In addition, we expect involvement from our local hospitals, law enforcement agencies, emergency management, and neighboring fire departments. Training opportunities of this magnitude rarely occur, and I wish to maximize the benefits that this type of program will provide. Given the scope and sheer scale of the project, a contractor(s) would be required to facilitate the training. We anticipate that all grant funds would be utilized in the complete this project. However, given that we are in the early stages of development, a final estimate cannot be determined. If approved to proceed, regular updates will be provided in regards to training development, course outline, and training costs. Thank you for your time, consideration, and assistance. Respectfully, Mark Cristaldi, Deputy Chief "Our Family Serving Yours" 5160 N.W. Milner Drive, Port St. Lucie, Florida 34983-3392 www.slefd.com Page 258 of 1533 RESOLUTION NO. 2022-217 A RESOLUTION APPROVING THE STATE OF FLORIDA, DEPARTMENT OF HEALTH, BUREAU OF EMERGENCY MEDICAL SERVICES, FY22/23 EMERGENCY MEDICAL SERVICES COUNTY GRANT APPLICATION AND AUTHORIZING THE CHAIR TO EXECUTE AND SUBMIT THE APPLICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Pursuant to Section 401.345, Florida Statutes, the State of Florida has established an Emergency Medical Services Trust Fund consisting in part of a portion of each fine for every municipal and county moving violation and driving under the influence conviction. 2. Under Section 401.113, Florida Statutes, a portion of the funds deposited into the Emergency Medical Services Trust Fund by St. Lucie County from July 1, 2022 through and including June 30, 2023, and remaining funds from the 2022-2023 award, plus any interest earned will be used to fund pre -hospital emergency medical services in St. Lucie County. 3. The Board of County Commissioners may disburse funds dispensed to the County under Section 401.113, Florida Statutes, to the St. Lucie County Fire District as a licensed emergency service provider operating in St. Lucie County. 4. The St. Lucie County Fire District has certified that the request is for an improvement or expansion of its pre -hospital emergency medical services. 5. Prior to any disbursements of funds from the Emergency Medical Trust Fund, the St. Lucie County Fire District will extend the Interlocal Agreement with St. Lucie County to ensure that the request will be funded and permitting the County to audit the use of funds disbursed under the grant. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The attached Application for Funding County Emergency Medical Services (EMS) Award is incorporated herein and made a part thereof. 2. The Board of County Commissioners certifies that the attached application is for an improvement or expansion of the pre -hospital emergency medical services system in St. Lucie County and that the funds requested will not be used to supplant the existing County emergency medical services budget allocation. Page 259 of 1533 3. The St. Lucie County Fire District Fire Administrative Officer is hereby designated the "Authorized Contact Person" pursuant to the requirements of the Application. 4. The Chair of the Board of County Commissioners is authorized to submit the application and a copy of this resolution to the Department of Health, Bureau of Office of Emergency Medical Services. After motion and second, the vote on this Resolution was as follows: Commissioner, Chair, Chris Dzadovsky Commissioner, Vice Chair, Sean Mitchell Commissioner Cathy Townsend Commissioner Linda Bartz Commissioner Frannie Hutchinson PASSED AND DULY ADOPTED this ATTEST: day of December 2022. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Page 260 of 1533 8.J.1. TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners George Landry, Director of Public Utilities Solid Waste & Recycling P401111410777lLI7 CONSENT AGENDA - SOLID WASTE & RECYCLING DATE: 12/6/2022 *ACTION ITEM - BID AWARD QUASI-JUDICIAL ITEM? No Bid No. 22-082 Phase 11113 and Phase IVA Landfill Gas System Expansion On October 5, 2022 submittals for Bid No. 22-082 were opened. Two submittals were received; 780 companies were notified and twenty six bid documents were distributed. The purpose of this bid is to perform construction of the landfill gas system expansion, including new horizontal collectors, vertical extraction well, headers, laterals, and tie -ins with the existing landfill gas and leachate collection systems at the St. Lucie County Baling and Recycling Facility. Carlson Environmental Consultants, PC, and COMANCO Environmental Corporation submitted bids, with Carlson Environmental Consultants, PC being the lowest bidder. Staff is requesting to award a contract Carlson Environmental Consultants, PC. PREVIOUS ACTION: NA FINANCIAL IMPACT: Sufficient funding is available in 401-3410-563000-39009, infrastructure. RECOMMENDATION: Staff recommends Board approval to award Bid No. 22-082 to Carlson Environmental Consultants, PC, in the amount of $967,500.00 and authorization for the Chair to sign the documents as prepared by the County Attorney. COMMISSION ACTION: RESULT: MOVER: SECONDER: None Page 261 of 1533 AYES: None NAYS: None EXCUSED: None Coordination/Signatures George Landry, Director of Public Utilities Jennifer Hill, Office of Management & Budget Director 1' ? ' Daniel McIntyre, County Attorney Mark Satterlee, Deputy County Administrator Date: November 04, 2022 Date: November 07, 2022 Date: November 14, 2022 Date: November 16, 2022 Page 262 of 1533 PURCHASING DEPARTMENT TABULATION SHEET BID No. 22-082 Phase 11113 and Phase IVA Landfill Gas System Expansion OPENED: October 5, 2022 at 3:00 PM Carlson Environmental Consultants, COMANCO Environmental PC Corporation Item Description Monroe, NC Plant City, FL $ 65,000.00 $ 22,500.00 Bid Item No. 1 $ 438,200.00 $ 576,400.00 Bid Item No. 2A + 213 $ 1,000.00 $ 100.00 Bid Item No. 3 $ 504,200.00 $ 599,000.00 Total Bid Cost (Items 1, 2, & 3) Number of companies notified*: 780 Number of bid documents distributed: 26 Number of bids received: 2 *per demandstar.com Page 263 of 1533 Smith 1701 Highway A-1-A, Suite 301 Vero Beach, Florida 32963 tel: (772) 231-4301 fax: (772) 231-4332 October 25, 2022 VIA E-MAIL Ms. Rebecca Olson Assistant Director of Public Utilities and Solid Waste St. Lucie County 6120 Glades Cut -Off Road Fort Pierce, Florida 34981 Subject: St. Lucie County Baling and Recycling Facility Phase IIIB and Phase IVA Landfill Gas System Expansion St. Lucie County Bid No. 22-082 Evaluation of Bids Dear Ms. Olson: The bid opening for the Baling and Recycling Facility Phase IIIB and Phase IVA Landfill Gas System Expansion was held on Wednesday, October 5, 2022, at 3:00 p.m. at St. Lucie County Purchasing. Bids were received from two contractors: Carlson Environmental Consultants, PC and Comanco Environmental Corporation. A summary of the bids is provided below, along with the Grand Total Base Bid amount, which is the basis of determining the apparent low bidder. A more detailed Bid Tabulation table is included as Attachment A. Each of the bidders supplied a bid bond in an amount that was at least 5 percent of the Grand Total Base Bid. Each bidder acknowledged receipt of Addendum Nos. 1 and 2. Bids for the project are valid for a period of ninety calendar days from the bid opening day and expire on January 3, 2023. 0 WATER + ENVIRONMENT + TRANSPORTATION + ENERGY + FACILITIES Page 264 of 1533 Smith Ms. Rebecca Olson October 25 2022 Page 2 The low bidder on the project is Carlson Environmental Consultants, PC of Monroe, North Carolina, with a Grand Total Base Bid of $504,200.00. The difference between the two bidders Grand Total Base Bid Amounts was $94,800.00 or 18.8-percent. Additionally, the bid included alternate bid items for: Alternate Bid Item No. 1 for construction of the Phase IIIB Landfill Gas System Expansion. A summary for the alternate bid item is summarized below: The Carlson Environmental Consultants, PC total unit price bid amount for Alternate Bid Item No. 1 is $463,300.00. The difference between the two bidders Grand Total Alternate Bid Amounts was $303,875.00 or 65.6-percent. Carlson Environmental Consultants, PC submitted the following information as required by the Bid Documents: ■ Certification Statement, Local Preference Vendor (00010) ■ Certification of Not Contracting with Scrutinized Companies (00200) ■ Bid Form, Schedule of Prices, Bidder's Qualification Form, and Bidder's Qualification Statement (00300) ■ Bid Bond (00410) ■ Schedule of Suppliers (Section 00450) ■ Confirmation of Drug -Free Workplace (Section 00454) ■ Non -Collusive Affidavit (Section 00455) ■ Alternate Suppliers (Section 00460) ■ Trench Safety Act Compliance Statement (Section 00480) jj3382.docx co Page 265 of 1533 Ms. Rebecca Olson October 25 2022 Page 3 The following preferred suppliers were indicated on the Schedule of Suppliers (Section 00450) submitted with the bid: 1. Geotextiles B. Skaps Industries 2. HDPE Pipe A. ISCO Industries 3. Landfill Gas Valves A. Asahi America Inc. 4. Landfill Gas Wellheads A. QED Environmental Systems Inc. Four reference contacts were provided on the project experience form with the Bidder's Qualifications Statement, including Orange County, Okeechobee Landfill, Inc., Manatee County, and Waste Management. CDM Smith previously contacted two of them (Orange County and Okeechobee Landfill, Inc.) for the last landfill gas expansion project and received positive responses. The two new references (Manatee County and Waste Management) were contacted in October 2022, but only Waste Management replied, which was positive. In total, positive responses were received from three references. Additionally, Carlson Environmental Consultants, PC successfully completed the last landfill gas system expansion project at the St. Luce County Baling and Recycling Facility in 2021 without issues. CDM Smith has also confirmed that Carlson Environmental Consultants, PC is still a certified underground utility and excavation contractor with an active license in the State of Florida. Based on the references and information supplied in the bid, and their previous construction experience at the Baling and Recycling Facility, we have determined that Carlson Environmental Consultants, PC is a responsible contractor and is capable of undertaking and completing the Contract in a satisfactory and timely manner. Accordingly, CDM Smith recommends that St. Lucie County award a construction contract to the lowest responsible, responsive bidder, Carlson Environmental Consultants, PC of Monroe, North Carolina, for the Baling and Recycling Facility Phase IIIB and Phase IVA Landfill Gas System Expansion. CDM Smith recommends award of the contract in the amount of $504,200.00 for the Grand Total Base Bid plus Alternate Bid Item No. 1 in the amount of $463,300.00, for a Total Contract Amount of $967,500.00. 113382.docx Of Page 266 of 1533 Smith Ms. Rebecca Olson October 25 2022 Page 4 If you have any questions, comments, or require any additional information, please contact me at (772) 231-4301 or hightowerdjPcdmsmith.com. Sincerely, David J. Hightower, BCES, PMP Project Manager CDM Smith Inc. DJH/KKW/jj Attachment File: PW PL1 6277-269738.04.15.06 cc: Desiree Cimino, SLC George Landry, SLC Greg Atkinson, SLC Eric Grotke, CDM Smith Kevin Vann, CDM Smith Amy Hightower, CDM Smith jj3382.docx • Page 267 of 1533 Attachment A - Bid Tabulation Sheet St. Lucie County Baling and Recycling Facility Phase IIIB and Phase IVA Landfill Gas System Expansion Bid No. 22-082 Bid Opened: October 5, 2022 at 3:00 P.M. Carlson Comanco Base Bid Description Unit Quantity Environmental Environmental Items Consultants, PC Corporation Item No. 1 Bonds, insurance, and mobilization/demobilization LS 1 $65,000.00 $22,500.00 Item No. 2 Phase IVA Landfill Gas System Expansion LS 1 $438,200.00 $576,400.00 Item 2A Phase IVA Landfill Gas System Expansion LS 1 $388,200.00 $526,400.00 Item28 Contingency Allowance LS j 1 j $50,000.00 $50,000.00 Item No. 3 Consideration for Indemnification LS 1 1$1,000.00 $100.00 Grand Total Items 1+2+3 LS 1 $504,200.00 $599,000.00 Base Bid Carlson Environmental Comanco Environmental Alternate Bid Description Unit Estimated Consultants, PC Corporation Items Quantity Unit Price Total Unit Price Total Item No. 1 PHASE 1116 LANDFILL GAS SYSTEM EXPANSION Item 1.a. ILandfill Gas Collection Piping Installation Item I.a.l. 8-inch SDR 17 HOPE Solid Pipe and Fittings LF 900 $52.00 $46,800.00 $80.00 $72,000.00 Item 1.a.2. 6-inch SDR 17 HOPE Solid Pipe and Fittings LF 2000 $50.00 $100,000.00 $75.00 $150,000.00 Item I.a.3. 4-inch SDR 17 HOPE Solid Pipe and Fittings LF 555 $50.00 $27,750.00 $65.00 $36,075.00 Item 1.b. Vertical Extraction Well Installation VF 1800 $150.00 $270,000.00 $275.00 $495,000.00 Item 1.c. Landfill Gas Wellhead and Ancillary Each 15 $1,250.00 $18,750.00 $940.00 $14,100.00 Piping/Components Grand Total Item No. 1 $463,300.00 - $767,175.00 Alternate Bid Grand Total Base Bid + Grand Total Alternate Bid Carlson = $967,500.00 Comanco = $1,366,175.00 Smith jj3382_Att A.xlsx Page 268 of 1533 8.J.2. a --_ �dOQQD� TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners I►��y�►�.77�%f►a CONSENT AGENDA - SOLID WASTE & RECYCLING DATE: 12/6/2022 *ACTION ITEM - BOARD APPROVAL QUASI-JUDICIAL ITEM? No Rebecca Olson, Assistant Director of Public Utilities Solid Waste & Recycling Capital Leases - Caterpillar 962M Wheel Loader and Caterpillar 725 Articulated Truck Lease Agreements St. Lucie County Solid Waste (SLCSW) requires the use of heavy duty wheel loaders and articulated trucks around the site for daily operation. In the past, this equipment was purchased. Staff is requesting to lease a new 2023 Caterpillar Wheel Loader and one new 2023 articulating truck (water wagon) to replace equipment that is nearing or has reached its end of life. It is more cost effective to lease this equipment on a long term basis rather than purchase them since maintenance is included in the leases. St. Lucie County Solid Waste (SLCSW) requires the use of heavy duty wheel loaders around the site for daily operation. In the past we have purchased these vehicles. Staff has found that on average, SLCSW sees 3-5 years of use before the equipment begins requiring multiple repairs and/or having breakdowns, depending on the type of equipment. Staff is requesting to lease a new 2023 Caterpillar 962M Medium Wheel Loader and a new 2023 725 Articulated Truck (Water Wagon) to replace equipment that is nearing or has reached its end of life. It is more cost effective to lease this equipment on a long term basis rather than purchase them since maintenance is included in the leases. These lease agreements were approved in March 2022. However, due to delays in equipment builds, CAT Financial interest rates have changed, which caused changes in the lease payments. 725 Articulated Truck (Water Wagon): $9,240.10 per month ($110,881.20 annually and $839,920.20 for five years) based on a 60-month lease. The lease includes a purchase option for $169,890.00. 962M Medium Wheel Loader: $8,153.12 per month ($97,837.44 annually and $489,187.20 for five years) based on a 60-month lease. The lease includes a purchase option for $88,830.00. PREVIOUS ACTION: Page 269 of 1533 In October of 2019, The Board authorized staff to enter into a Capital Lease for a 2019 Caterpillar 745C articulating dump truck, from Florida Sheriff's Association Contract# FSA16-VEH14.0, Specification#61. In February of 2020, The Board authorized staff to enter into a Capital Lease for a 2020 930M Caterpillar Wheel Loader, a 2020 D6-20LGP Caterpillar Track Type Tractor, and a 2020 826K Caterpillar Landfill Compactor, from Florida Sheriff's Association Contract# FSA16-VEH14.0, Specification#61. In April of 2021, The Board authorized staff to enter into a Capital Lease for a 2021 D6-20VP Dozer and a 2021 D5-17VP Dozer, from Florida Sheriff's Association Contract# FSA16-VEH14.0, Specification#61. In March of 2022, The Board authorized staff to enter into a Capital Lease for a 2022 Caterpillar 725 Articulated Truck (Water Wagon), and two wheel loaders (966-14XE and 962M) from Florida Sheriff's Association Contract# FSA16-VEH14.0, Specification#61. FINANCIAL IMPACT: Funds are currently available in the FY23 Sanitary Landfill Fund account string 401-3410-544100-340000 (Equipment Rental). RECOMMENDATION: Staff recommends the Board authorize staff to enter into long term capital leases, with options to buy, for a new 2023 Caterpillar 962M Medium Wheel Loader and a new 2023 Caterpillar 725 Articulated Truck (water wagon) from Florida Sheriff's Association Contract# FSA18-VEH16.0, Specification#64, at the following costs following review and approval from the County Attorney. COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures /C /,- 6�; Date: November 17, 2022 George Landry, Director of Public Utilities Date: November 17, 2022 Jennifer Hill, Office of Management & Budget Director Page 270 of 1533 Date: November 22, 2022 Daniel McIntyre, County Attorney Date: November 28, 2022 Mark Satterlee, Deputy County Administrator Page 271 of 1533 Tax Lease Contract Number 001-70092918 CAT' Financial LESSOR ("we", "us", or "our"): LESSEE ("you" or "your"): CATERPILLAR FINANCIAL SERVICES CORPORATION ST. LUCIE COUNTY BOCC 2120 West End Avenue 2300 Virginia Ave Nashville, TN 37203 FORT PIERCE, FL 34982-5632 In reliance on your selection of the equipment described below (each, a "Unit"), we have agreed to acquire and lease the Units to you, subject to the terms of this Lease. Until this Lease has been signed by our duly authorized representative, it will constitute an offer by you to enter into this Lease with us on the terms stated herein. DESCRIPTION OF UNITS MONTHLY OPTION PURCHASE MAX ANNUAL DELIVERY DATE Whether the Unit is new or used, the model SERIAL/VIN RENT PRICE HOURS/MILEAGE Enter date machine number, the manufacturer, and the model Unique ID number This is due per Payment at end of Maximum annual was delivered to for this Unit period, as stated lease for purchase of usage of Unit (see name below in section 4. Unit (see Section 18). Return Agreement). you. 1 New 2023 Caterpillar 725 Articulated 3T900760 $9,240.10 $115,500.00 1000 Truck LOCATION OF UNITS: 2300 Virginia Ave FORT PIERCE, FL 34982-5632 You acknowledge that the Units described above were delivered to you in good working condition and that you accepted them on the date indicated. The Lease Return Conditions agreement ("Return Agreement') submitted by you to us for each Unit is made a part of and incorporated into this Lease. By signing this Lease, you certify that you have received and read this Lease, including the following 4 pages titled "Terms and Conditions", which make up part of this Lease, and all the other Lease Documents, including Schedule A and each Return Agreement. LESSOR: LESSEE: CATERPILLAR FINANCIAL SERVICES CORPORATION ST. LUCIE COUNTY BOCC Signature Signature Name (Print) Title Date Name (Print) Title Date US Tax Lease (CAT Value Option) 4462849 10/11/2022 03:14:28 PM Ref. 1518321 Page 272 of 1533 3. Lease Term The Lease Term will start on the date we sign the Lease and will continue for 60 months, unless earlier terminated or canceled as permitted herein. 4. Rent You will pay us the Monthly Rent beginning One month after the date we sign this Lease and on the same date of each month thereafter for the entire Lease Term. Monthly Rent will be due without demand. You will also pay us all other amounts payable under the terms of this Lease and under any other document executed in connection with this Lease, including each Return Agreement (the "Lease Documents") ("Other Payments", and together with the Monthly Rent, collectively, the 'Rent'). You will pay the Rent to us at CATERPILLAR FINANCIAL SERVICES CORP., P.O. BOX 730681, DALLAS, TX 75373-0681 or such other location that we designate in writing. You agree this Lease constitutes a non -cancelable net lease. You also agree that your duties and liabilities under this Lease and the other Lease Documents are absolute and unconditional. Your payment and performance obligations are not subject to cancelation, reduction, or setoff for any reason. You agree to settle all claims, defenses, setoffs, counterclaims and other disputes you may have with the Supplier (as defined below), the manufacturer of each Unit, or any other third party directly with the Supplier, the manufacturer or the third party, as the case may be. You will not assert, allege or make any such claim, defense, setoff, counterclaim or other dispute against us or with respect to the payments due us under this Lease. 5. Late Charges If we do not receive a Rent payment on the date it is due, you will pay us, on demand, a late payment charge equal to five percent (5%) of the late Rent payment. 6. Disclaimer of Warranties You have selected each Unit based upon your own judgment. You understand that we are not the manufacturer or the seller of the Units. WE MAKE NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THIS LEASE OR TO ANY UNIT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EACH UNIT IS LEASED "AS IS, WHERE IS." WE MAKE NO WARRANTIES AS TO THE QUALITY OF MATERIALS OR WORKMANSHIP OR THAT THE MATERIALS OR WORKMANSHIP COMPLY WITH THE TERMS OF ANY PURCHASE ORDER OR AGREEMENT. WE EXPRESSLY DISCLAIM, AND YOU WAIVE ALL OTHER WARRANTIES AND CLAIMS EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY UNIT OR THIS LEASE, INCLUDING WITHOUT LIMITATION: (A) ANY IMPLIED WARRANTY THAT ANY UNIT IS MERCHANTABLE; (B) ANY IMPLIED WARRANTY THAT ANY UNIT IS FIT FOR A PARTICULAR PURPOSE; (C) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE; (D) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT; AND (E) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY FOR LOSS OF OR DAMAGE TO ANY UNIT, FOR LOSS OF USE, REVENUE, OR PROFIT WITH RESPECT TO ANY UNIT, FOR ANY LIABILITY TO ANY THIRD PARTY, OR FOR ANY OTHER INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING STRICT OR ABSOLUTE LIABILITY IN TORT. Nothing in this Lease takes away any rights you may have against any other parties (such as the Supplier or the manufacturer of any Unit). You agree to pursue only these third parties for any and all claims concerning any Unit except as to ownership and title. You are entitled to all the promises and warranties made by the Supplier to us with respect to the Units, and you may contact the Supplier in order to receive a description of those promises and warranties. Possession, Use, and Maintenance (a) At your own expense, you will use and keep the Units in good operating order and condition and at least in accordance with Supplier's and manufacturer's recommendations and all maintenance and operating manuals and service agreements, and in accordance with all applicable laws and regulations, including the rules or limits on idling, fleet average or site based exhaust emissions, or operational limitations, for which you have sole responsibility for compliance. (b) You will not abandon a Unit. (c) You will not sublease a Unit or permit the use of a Unit by anyone other than you. (d) You will not change the use of a Unit from that specified in the Return Agreement, without our US Tax Lease (CAT Value Option) prior written consent. (e) You will not change the Location of a Unit from that specified above without providing us with prompt written notice of such change. (f) You will not remove a Unit from the United States. (g) You will not sell, assign, transfer, create or allow to exist a lien, claim, security interest, or encumbrance on any of your rights under this Lease or with respect to a Unit. Each Unit is and will remain personal property regardless of its use or manner of attachment to realty. We have the right (but not the obligation) to inspect each Unit and its maintenance records. We also have the right to observe the use of each Unit and determine its hours of usage. You will not alter a Unit or affix any accessory or equipment to a Unit if doing so will impair its originally intended function or use or reduce its value. You will not make any "non -severable" addition (as defined for federal income tax purposes) to a Unit without our prior written consent. If added to a Unit, the following will immediately become our property: (i) replacement parts; (ii) parts essential to the operation of the Unit; and (iii) parts that cannot be detached from the Unit without interfering with the operation of the Unit or adversely affecting the value or utility the Unit would have had without the addition. All such parts will be deemed incorporated in the Unit and will be subject to the terms of this Lease as if originally leased under this Lease. If an Event of Default has occurred and is continuing, all parts, accessories, and equipment affixed to a Unit will become our property. 8. Taxes Rent includes all taxes arising from, or due in connection with, this Lease or the Units. You will pay when due, or promptly reimburse us for payment of, all taxes (other than our federal, state, or local net income taxes) imposed on a Unit, or the Rent. You will also pay or reimburse us for all (i) license and registration fees, (ii) fines, penalties, interest, or additions to any tax, (iii) charges similar to those stated in clauses (i) and (ii) that are imposed in connection with the ownership, possession, use, or lease of a Unit from the time we purchase the Unit until it is returned to us or purchased by you. You will remain responsible for the payment, or reimbursement of, any such charges, regardless of when we receive notice of the charge. You will prepare and file, in a manner satisfactory to us, all reports or returns required with respect to a Unit. You will reimburse us in full for any amounts that we pay or advance without regard to early payment discounts. We may estimate the amount of, and bill you periodically in advance for, any charge. You will be responsible, however, for any difference between the estimated amount and the actual amount. Except as provided in this section, you agree that we are entitled to receive any and all federal, state, or local tax credits and benefits, if any, applicable to a Unit. We are entitled to income tax depreciation deduction for each Unit based on the use as described in the Return Agreement. 9. Tax Indemnity This Lease is entered into on the basis that we are entitled to claim certain depreciation deductions on the Units in accordance with Section 168(a) of the Internal Revenue Code of 1986, as amended, (the "Code") based upon the applicable depreciation method and recovery period specified in Code Sections 168(b) and (c), and to similar state and local income tax deductions (collectively, the "Tax Benefits"). Our classification of a Unit under Code Section 168(e), our determination of the applicable depreciation method and recovery period, and our claim for an entitlement to the Tax Benefits are based solely upon your representations in Section 7 and the applicable Return Agreement. If we do not receive nor retain all of the Tax Benefits anticipated with respect to any Unit (a "Tax Loss"), because (a) of a change in the US federal income tax rate, (b) you move any Unit outside the United States, or (c) you use any Unit for a different purpose than stated in the applicable Return Agreement; you will pay us, within thirty (30) days after we provide you written notice of such Tax Loss, an amount which, in our opinion, will cause our net after-tax rate of return over the Lease Term in respect to the Unit to equal the net after-tax rate of return we would have realized if such Tax Loss had not occurred. For purposes of this section, we may be included in any affiliated group (within the meaning of Section 1504 of the Code) of which we are a member for any year in which a consolidated or combined income tax return is filed for the affiliated group. lo. Loss or Damage (a) You bear the risk of loss or damage to a Unit from the time we purchase the Unit (or from the beginning of the Lease Term, if earlier) until the Unit is returned to us or purchased by you in accordance with this Lease. Should any loss or damage occur, 4462849 10/11/2022 03:14:28 PM Ref. 1518321 Page 273 of 1533 you will not be released from your obligations under the Lease or any other Lease Document. (b) You will provide prompt, written notice to us of any Total Loss (as defined below) or any material damage to any Unit. Any such notice will include any damage reports provided to any governmental authority, an insurer, or the Supplier, and any documents pertaining to the repair of such damage, including copies of work orders and all invoices for related charges. (c) Without limiting any other term in this Lease, you will promptly repair all damage that does not constitute a Total Loss, to restore the Unit to the condition required by this Lease. (d) A Unit has incurred a "Total Loss" upon: (i) the disappearance, theft or destruction or any other total loss of such Unit; (ii) damage to the Unit that is uneconomical to repair; or (iii) the condemnation, confiscation, or other taking of title to or use of a Unit or the imposition of any lien on such Unit by any governmental authority. On the next Rent due date following a Total Loss (a "Loss Payment Date"), you will pay us the Monthly Rent due on that date plus the Casualty Loss Value of the Unit with respect to which the Total Loss has occurred (the "Lost Units"), together with any Other Payments due with respect to the Lost Units. Until such payment is made, you will continue to pay us the Monthly Rent on the due dates set forth in Section 4. Upon making the full payment required on the Loss Payment Date, your obligation to pay future Monthly Rent on the Lost Units will terminate, but you will remain liable for all Monthly Rent and all Other Payments on any remaining Units. Furthermore, upon receipt of the full payment required on the Loss Payment Date, we convey to you all of our right, title, and interest in the Lost Units, "AS IS WHERE IS", but subject to the requirements of any third party insurance carrier in order to settle an insurance claim. "Residual Value" means the future fair market value of a Unit at the end of the Lease Term (determined at Lease inception). "Casualty Loss Value" means the sum of: (i) the discounted present value of all unpaid future Rent for the Lost Units; (ii) the discounted present value of the Lost Unit's Residual Value as determined by us; and (iii) all other amounts then due under this Lease with respect to the Lost Units (including all Other Payments then owing and unpaid). If the Total Loss occurs after the final Rent due date of the Lease Term, the Casualty Loss Value will be determined as of the last Monthly Rent due date during the Lease Term. (e) We are not required to pursue any claim against any person in connection with a Total Loss or other loss or damage. (f) If we receive a payment under an insurance policy required under this Lease in connection with any Total Loss or other loss or damage to a Unit, and such payment is both unconditional and indefeasible, then provided you have complied with the applicable provisions of this section, we will either (i) ) if the payment results from a Total Loss, send you proceeds up to an amount equal to the Casualty Loss Value you previously paid us, or credit the proceeds against any amounts you owe us or (ii) if the payment results from repairs made pursuant to Section 10(c), send you proceeds up to an amount equal to the amount of your actually incurred costs of repair. 11. Waiver and Indemnity You release and agree to indemnify, defend, and keep harmless, us (including any assignee of ours) and our directors, officers, agents and employees (each, an "Indemnitee"), from and against any and all Claims (defined below) (other than those directly resulting from the actual gross negligence or willful misconduct of the Indemnitee). To meet this obligation, you will pay, on a net after- tax basis, or otherwise discharge such Claims, when and as they become due. We will give you prompt notice of a Claim. You are entitled to control the defense of or to settle a Claim, so long as: (a) no Event of Default has occurred and is then continuing; (b) you are financially capable of satisfying your obligations under this section; and (c) we approve your proposed defense counsel. "Claims" means all claims, allegations, judgments, settlements, suits, actions, damages (whether incidental, consequential or direct), demands (for compensation, indemnification, reimbursement or otherwise), losses, penalties, fines, liabilities (including strict liability), and charges that we incur or for which we are or may be responsible, in the nature of interest, liens, and costs (including attorneys' fees and disbursements and any other legal or non -legal expenses of investigation or defense of any Claim, whether or not the Claim is ultimately defeated, or enforcing the rights, remedies, or indemnities provided for hereunder, or otherwise available at law or in equity to us), of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, by or against any person. Claims include any of the foregoing arising from: (i) a Lease Document; (ii) a Unit, including the contents and any regulated or hazardous substances at any time contained in a Unit or emitted from a Unit, (iii) the premises at which any Unit may be located from time to time; (iv) the ordering, acquisition, delivery, installation, or rejection of a Unit; (v) the possession of a Unit or any property to which the Unit may be attached US Tax Lease (CAT Value Option) from time to time; (vi) the maintenance, use, condition, ownership or operation of any Unit, during the Lease Term; (vii) the existence of a latent or other defect (whether or not discoverable by you or us) with respect to a Unit; (viii) any Claim in tort for negligence or strict liability in relation to a Unit; (ix) any Claim for patent, trademark or copyright infringement in relation to a Unit; (x) the Total Loss or damage, return, surrender, sale, or other disposition of any Unit or any part thereof; or (xi) any Claim involving or alleging environmental damage, or any criminal or terrorist act, relating in any way to a Unit. To the extent necessary under law or regulation, in order to eliminate liability for us, we transfer and you accept the transfer from us of any and all liability associated with exhaust emissions in connection with the Units. If any Claim is made against you or an Indemnitee, the party receiving notice of the Claim will promptly notify the other. If the party receiving notice of the Claim fails to notify the other, however, your obligations are still in effect. You agree to be responsible for all costs and expenses, including reasonable attorneys' fees, incurred by us or our directors, officers, employees, agents, or assigns in defending such claims or in enforcing this section. Under no condition or cause of action will we be liable for any loss of actual or anticipated business or profits or any special, indirect, or consequential damages. 12. Insurance You, at your expense, must keep each Unit insured with a commercial insurance policy for our benefit. This insurance must include physical damage insurance that will protect each Unit against all risks for an amount at least equal to the then -applicable Casualty Loss Value. You will also maintain commercial general liability insurance (including product and broad form contractual liability) covering each Unit for at least $1,000,000 combined coverage for bodily injury and property damage per occurrence. All insurance must be in a form and with companies approved by us. The physical damage insurance shall specify you as named insured and us as loss payee, and the general liability policy shall specify you as named insured and us as additional insured. The insurance shall be primary, without the right of contribution from any insurance carried by us. You must promptly notify us of any occurrence that may become the basis of a claim. You must also provide us with all requested pertinent data. Upon demand, you must promptly deliver to us evidence of insurance coverage. Notwithstanding anything to the contrary, you acknowledge and authorize us to receive the return of any unearned premiums, including without limitation any refunds resulting from cancellation, nonrenewal, voidance or adjustment of your insurance policy financed with us, if the policy is underwritten by Caterpillar Insurance Company or its affiliates. You agree that such unearned premiums are being forwarded on your behalf, credited to you and will be applied by us to any unpaid balances on your account. 13. Events of Default Each of the following is an event of default ("Event of Default"): (a) You fail to make a payment when due. (b) A representation or warranty made to us in connection with this Lease is incorrect or misleading. (c) You fail to observe or perform a covenant, agreement, or warranty and the failure continues for ten days after written notice to you. (d) A default occurs under any other agreement between you or a guarantor of this Lease (each a "Guarantor") and us or an affiliate of ours. (a) You, or a Guarantor, cease to do business, die, become insolvent, make an assignment for the benefit of creditors or file a petition or action under a bankruptcy, reorganization, insolvency or moratorium law, or a law for the relief of, or relating to, debtors. (f) Any filing of an involuntary petition under a bankruptcy statute against you or a Guarantor, or appointment of a receiver, trustee, custodian or similar official to take possession of your properties or those of a Guarantor, unless the petition or appointment ceases to be in effect within thirty days after filing or appointment. (g) There is a material adverse change in your, or a Guarantor's, financial condition, business operations or prospects. (h) There is a termination, breach, or repudiation of a Guarantor's guaranty. (i) There is a breach in any respect of any covenant or agreement in Section 18 hereof. 14. Remedies (a) If an Event of Default occurs, we will have the rights and remedies provided by this Lease and under the Uniform Commercial Code ("UCC") and any other law. Among these rights and remedies are to: (i) proceed at law or in equity, to enforce specifically your performance or to recover damages; (ii) declare this Lease in default, and cancel this Lease or otherwise terminate your right to use any Unit and your other rights, but not your obligations, (iii) require you to assemble Units and make them available to us at a place we designate; (iv) enter premises where a Unit may be located and take immediate possession of such Unit and remove (or disable in place) such Unit (and any unattached parts) without notice, liability, or legal 4462949 10/11/2022 03:14:28 PM Ref. 1518321 Page 274 of 1533 process; (v) use your premises for storage without liability; (vi) sell or lease any of the Units, whether or not in our possession, at public or private sale, with or without notice to you, and apply or retain the net proceeds of such disposition in accordance with this Lease; (vii) enforce any or all of the preceding remedies with respect to any related collateral, and apply any deposit or other cash collateral, or any proceeds of any such collateral, at any time to reduce any amounts you owe us; (viii) demand and recover from you all Liquidated Damages (as defined below) and all Other Payments whenever they are due; and (ix) if we financed your obligations under a warranty agreement such as an Equipment Protection Plan, Customer Service Agreement, or similar agreement, we may cancel the agreement on your behalf and receive the refund of the fees that we financed but had not received from you as of the date of the Event of Default. As used herein, "Liquidated Damages" means the liquidated damages (all of which, you hereby acknowledge, are damages to be paid in lieu of future Monthly Rent and expected Residual Values and are reasonable in light of the anticipated harm arising by reason of an Event of Default, and are not a penalty) described in the first sentence of parts (i) or (ii) of Section 14(b) below, depending upon the recovery and disposition of the Units. (b) If an Event of Default occurs and: (i) we recover a Unit and dispose of it by a lease or elect not to dispose of the Unit after recovery, you will pay us on demand an amount equal to the sum of (A) any accrued and unpaid Rent as of the date we recover the Unit, plus (B) the present value as of such date of the total Monthly Rent for the then remaining Lease Term, minus (C) either (1) the present value, as of the commencement date of any substantially similar re -lease of the Unit, of the re -lease rent payable to us for the period, commencing on such commencement date, which is comparable to the then remaining Lease Term or (2) the present value of the "market rent" for such Unit (as computed pursuant to Article 2A of the UCC ("Article 2A")) in the continental United States as of the date on which we have a reasonable opportunity to remarket the Unit for the period, commencing on such date, which is comparable to the then remaining Lease Term, as applicable; provided, however, you acknowledge that if we are unable after a reasonable effort to dispose of the Unit at a reasonable price and pursuant to other reasonable terms, or the circumstances reasonably indicate that such an effort will be unavailing, the "market rent" in such event will be deemed to be $0.00, but in the event that we do eventually re -lease or otherwise dispose of the Unit, we will apply the net proceeds of such disposition, to the extent received in good and indefeasible funds, as a credit or reimbursement, as applicable, in a manner consistent with the terms of this Lease and the applicable provisions of Article 2A. Any amounts discounted to present value, shall be discounted at the rate of three percent (3%) per annum, compounded annually; (ii) you fail to return a Unit in the manner and condition required by this Lease, or we recover and sell the Unit, you will pay to us on demand an amount calculated as the Casualty Loss Value of the Unit (determined as of the next Monthly Rent payment date after the date of the Event of Default), together with all costs and expenses (as defined below), less a credit for any disposition proceeds, if applicable pursuant to the application provisions in the next sentence. If we demand the Liquidated Damages under this part (ii) and recover and sell the Unit, we will apply any proceeds received in good and indefeasible funds: first, to pay all costs and expenses not already paid; second, to pay us an amount equal to any unpaid Rent due and payable, together with the Liquidated Damage amounts specified in this part (ii), to the extent not previously paid; third, to pay us any interest accruing on the amounts covered by the preceding clauses, plus late charges, from and after the date the same becomes due, through the date of payment; fourth, to pay us an amount equal to any remaining obligations that you owe us under this Lease. The remedies provided to us are cumulative and in addition to all other remedies at law or in equity. You will remain liable for any deficiency and we will retain any excess after our exercise of these remedies. You agree to pay all charges, costs, expenses and reasonable attorney's fees incurred by us in enforcing this Lease. To the extent you are entitled to a refund from us, you agree we have the right to offset any obligation that you have with us or our affiliates with such refund. 15. Return of Unit On expiration of the Lease Term or if we demand possession of a Unit pursuant to the terms of the Lease, you will, at your expense, promptly deliver the Unit to us properly protected and in the condition required by Section 7 and the applicable Return Agreement. You will deliver the Unit, at our option, (a) to the nearest Caterpillar dealer selling equipment of the same type as the Unit; or (b) on board a carrier named by us and shipping the Unit, freight collect, to a destination designated by us. If the Unit is not in the condition required by Section 7 and the applicable Return Agreement, you must pay us, on demand, all costs and expenses incurred by us to bring the Unit into the required condition. You are obligated to pay holdover rent in the amount equal to 1/30th of the Monthly Rent plus any other costs and expenses for each day following the end of the Lease Term on any Unit that is not returned or purchased pursuant to the terms of this Lease. 16. Purchase Option At the expiration of the Lease, if no Event of Default has occurred and is continuing, you may choose to purchase any Unit for the Option Purchase Price set forth on the front of this Lease if this Lease includes an Option Purchase Price. In order to exercise a purchase option, you must send written notice to us at least sixty (60) days prior to the end of the Lease Term. Upon receipt of the Option Purchase Price and all other amounts owing under the Lease, plus any taxes or our other costs and expenses arising from the sale of the Unit or the delivery of the bill of sale, we will deliver to you, upon request, a bill of sale without warranties except that the Unit is free of all encumbrances of any person claiming through us. You agree to purchase the Unit "AS IS, WHERE IS, WITH ALL FAULTS." Any applicable purchase option must be exercised as of the last day of the Lease Term and it is not available during any holdover period. You agree with us that the Option Purchase Price, if set forth in Table A and identified as a Cat Value Option, is not less than the reasonably expected Residual Value (as defined in Section 10) of such Unit. 17. Your Assurances and Representations Each of us intends that: (i) this Lease constitutes a true "lease" and a "finance lease" as such terms are defined in Article 2A and not a sale or retention of a security interest; (ii) you have selected the "Supplier" (as defined in Article 2A) and have directed us to purchase each Unit from this Supplier; (iii) you were informed, before your execution of this Lease and are hereby informed in writing that you are entitled under Article 2A to the promises and warranties, including those of any third party, provided to us by the Supplier in connection with or as part of the purchase of the Units, and that you may communicate directly with the Supplier and receive an accurate and complete statement of those promises and warranties, including any disclaimers and limitations on remedies relating thereto; and (iv) we are and shall remain the owner of each Unit (unless sold by us pursuant to any Lease Document), and you shall not acquire any right, title or interest in or to such Unit except the right to use it in accordance with the terms hereof. You represent and warrant to us that: (a) You will use each Unit for business purposes only and not for personal, family or household use. (b) You will provide all financial information and reporting as we may reasonably require. (c) All credit, financial and other information submitted by you or on your behalf to us in connection with this Lease is and shall be true, correct and complete. (d) You will not change your name, principal place of business or primary residence and, if you are a business entity, your state of formation or form of business organization (including by merger, consolidation, reincorporation or restructure) without prior written notice to us. (e) We may share any of your information provided by you, or gathered by us, with any affiliate of ours that has or may extend credit to you. (f) You will not assign this Lease or any right or obligation under it without our prior written consent. (g) In the event any Unit is equipped with a Unit monitoring system such as Cat® Product Link, you agree not to remove, disable or impair the Unit monitoring system. You agree to permit Caterpillar Inc. and/or its subsidiaries or affiliates, including us (collectively "Caterpillar"), and/or Caterpillar dealers to access data concerning the Unit, its condition and its operation transmitted from the monitoring system. The information may be used: (1) to administer, implement and enforce the terms of this Lease (including any addendum hereto), (2) to recover the Unit if necessary, and/or (3) to improve or manage Caterpillar's products and services. You agree that information transmitted may include, among other things, the serial number, VIN, location, and operational and other data, including but not limited to fault US Tax Lease (CAT Value Option) 4462849 10/11/2022 03:14:28 PM Ref. 1518321 Page 275 of 1533 codes, emissions data, fuel usage, service meter hours, software and hardware version numbers, and installed attachments. You agree that messages regarding active transactions you have with us may be delivered by telephone call (whether prerecorded voice or autodialed or not) or sent via text message or SMS (whether autodialed / texted or not), or message sent through a social media or similar platform, to any landline or mobile phone number submitted in connection with the credit application process or subsequently as a business contact number for you. You agree to update your business contact information, including any mobile number submitted as a contact, with us if it changes during the duration of this Lease. You understand and agree that collections messaging may occur, even if you have registered certain preferences regarding a mobile number that is also a business contact number. Caterpillar publishes its Data Governance Statement ("Data Governance Statement") covering matters relating to data collected by Caterpillar, including geolocation and operational data relating to equipment or owners or operators of the Units. In addition, Caterpillar's Global Data Privacy Statement ("Privacy Statement") describes how Caterpillar collects, processes and shares information that relates to an identified or identifiable individual ("Personal Information") and rights that individuals might have under applicable data privacy laws. By entering into this Lease, Lessee agrees: (1) that it has received and reviewed the Data Governance Statement online at https://www.caterpillar.com/datagovernance and the Privacy Statement online at https://www.caterpillar.com/dataprivacy; (2) to the collection, use, disclosure and sharing of information, including personal information, as set forth in the Data Governance Statement and the Privacy Statement; and (3) that it will provide any individuals access to or a copy of the Data Governance Statement and the Privacy Statement before providing the individual's information to us or our affiliates. Lessee (or individuals representing Lessee) may also authorize and/or consent to the collection, use, disclosure and sharing of information and/or Personal Information in other agreements or documents with us, our affiliates or Caterpillar dealers, and nothing contained herein shall interfere with or affect such agreements or documents in anyway. You agree, at your expense, to do any act and execute, acknowledge, authorize, deliver, file, register, and record any documents that we deem desirable in our reasonable discretion to protect our title or rights in a Unit and our rights and benefits under this Lease. You hereby irrevocably appoint us as your attorney -in -fact for the signing and filing of such documents and authorize us to delegate these limited powers. 18. Sanctions None of (a) you, or any of your respective directors, officers or employees, subsidiaries, or any Guarantor, or any beneficial owner of you or any Guarantor, or any person holding a controlling interest in you or any Guarantor (each, a "Relevant Person"), or (b) to your knowledge, having made reasonable enquiries, any agent of yours that will act in any capacity in connection with or benefit from this Lease (including any addendum hereto) and the leasing hereunder, is currently or at any time a Sanctioned Person. "Sanctioned Person" means, at any time, (1) a person listed in any sanctions -related list of designated persons maintained by the U.S. Department of the Treasury, the U.S. Department of Commerce, the U.S. Department of State, or by the United Nations Security Council, the European Union, or any EU member state, or (II) any person owned or controlled by any such person or persons in aggregate. No Unit or other proceeds received under the terms of this Lease will be used by you or any Guarantor, or any other Relevant Person, or to your knowledge, having made reasonable enquiries, by any of your agents, sublessees, or other users of the Unit, in violation of, or which shall cause us or our affiliates to be in violation of, any applicable laws, rules, or regulations relating to (A) bribery or corruption, (B) anti -money laundering, (C) terrorism, (D) economic or financial sanctions, or (E) trade embargoes. 19. Assignment; Counterparts We may assign, sell or encumber all or any part of this Lease, the Rent, and the Units with or without notice to you. THE RIGHTS OF ANY SUCH ASSIGNEE WILL NOT BE SUBJECT TO ANY DEFENSE, COUNTERCLAIM OR SET OFF WHICH YOU MAY HAVE AGAINST US. If requested by us, you will assist us in the assignment of any of our rights under this Lease. If requested by us, you will also sign a notice of assignment in a form approved by us. If notified by us, you will make all payments due under this Lease to the party designated in the notice without offset or deduction. In connection with any potential or actual assignment, you consent to the sharing of your credit file information, including personal information relating to your principals, with any potential assignee. Upon any assignment by us of our rights under this Lease, and except as may otherwise be provided herein, all references in this Lease to "Lessor", "we", ..us", and "our" will mean the assignee. This Lease is for the benefit of, and is binding upon, your and our respective successors and assigns. Though multiple counterparts of this document may be signed, only the counterpart accepted, acknowledged, and certified by us on the signature page as the original will constitute original chattel paper. A photocopy or facsimile of this Lease will be legally admissible under the "best evidence rule." A signed copy of this Lease and any related document sent electronically will be treated as an original document and will be admissible as evidence thereof, and all signatures thereon will be binding as if manual signatures were personally delivered. 2o. Effect of Waiver; Entire Agreement; Notices; Applicable Law Our delay or omission in exercising any right or remedy will not impair such right or remedy. A delay or omission by us will not be construed as a waiver of any Event of Default. Any waiver or consent by us must be in writing. This Lease and the Lease Documents completely state our and your rights and supersedes all prior agreements with respect to a Unit. All notices must be in writing, addressed to the other party at the address stated on the front of this Lease or at such other address as may be furnished in writing. This Lease is governed by and construed under the laws of the State of Tennessee, without giving effect to the conflict -of -laws principles. You consent to the jurisdiction of any state or federal court located within the State of Tennessee. THE PARTIES WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATED TO THIS LEASE, THE OBLIGATIONS, OR THE UNITS. 21. No Agency; Modification of Lease; Miscellaneous No person or entity, including, without limitation, the supplier or the manufacturer of the Units, is authorized to act as our agent regarding this Lease. No waiver, modification, or change in this Lease will bind us unless provided by us in writing. Oral agreements are not binding. You agree that we may correct patent errors in this Lease and the Lease Documents and fill in blanks including for example correcting or filling in serial numbers, VIN numbers, and dates. Headings in this Lease are inserted for convenience only. Headings do not affect the meaning or interpretation of this Lease. If a provision of this Lease is invalid under any law, it shall be deemed omitted. Any such omission will not invalidate the remaining provisions. To the extent any payment due us under this Lease is deemed to be usurious, the payment obligation shall be amended and limited to the maximum lawful amount. All obligations under this Lease survive the expiration or termination of the Lease if necessary to give full effect to the terms of this Lease. US Tax Lease (CAT Value Option) 4462849 10/11/2022 03:14:28 PM Ref. 1518321 Page 276 of 1533 NON -APPROPRIATIONS ADDENDUM TO TAX LEASE Contract Number 001-70092918 CAT Financial LESSOR ("we'; "us" or "our"): CATERPILLAR FINANCIAL SERVICES CORPORATION 2120 West End Avenue Nashville, TN 37203 We and you agree to add the following paragraph to the Lease: LESSEE ("you" or "your'): ST. LUCIE COUNTY BOCC 2300 Virginia Ave FORT PIERCE, FL 34982-5632 You represent and warrant to us that you (i) have sufficient appropriations or other funds available to pay all amounts due hereunder for the current fiscal year and (ii) reasonably believe that funds can be obtained sufficient to make all rental payments during the term of the Lease. You hereby covenant that you will do all things reasonably within your power to obtain funds from which the rental payments may be made, including (i) providing for such payments to the extent necessary in each budget submitted for the purpose of obtaining funding and (ii) using your bona fide best efforts to have such portion of the budget approved. It is your intent to make rental payments for the full term of this Lease if funds are available therefor, and you represent that the use of the Units is essential to your proper, efficient and economic operation. In the event no funds or insufficient funds are appropriated and budgeted or are otherwise not available in any fiscal year for rental payments due under this Lease, then you will immediately notify us of such occurrence and this Lease will terminate on the last day of the fiscal year for which appropriations were received. You will not incur any penalty or expense as a result of any such termination of this Lease, and you will have no obligation to make rental payments with respect to the remainder of the Lease, but you will be obligated to pay rental payments to the extent funds shall have been appropriated and budgeted or are otherwise available. In the event of such termination, you agree to return the Units to us pursuant to Section 15 of this Lease, and we will have all legal and equitable rights and remedies to take possession of the Units. Notwithstanding the foregoing, you agree that you will not cancel this Lease if any funds are appropriated for the acquisition, retention or operation of the Units or other equipment performing functions similar to the Units. LESSOR CATERPILLAR FINANCIAL SERVICES CORPORATION Signature Name (Print) Title Date LESSEE ST. LUCIE COUNTY BOCC Signature Name (Print) Title Date US Non -Appropriations Addendum 4462849 10/11/2022 03:14:48 PM Ref. 1518321 Page 277 of 1533 Contract Number 001-70092918 CAT' Financial WHEREAS, the laws of the State of Florida (the "State") authorize ST. LUCIE COUNTY BOCC (the "Governmental Entity"), a duly organized political subdivision, municipal corporation or similar public entity of the State, to purchase, acquire and lease personal property for the benefit of the Governmental Entity and its inhabitants and to enter into any necessary contracts; and the Governmental Entity wants to lease, purchase and/or finance equipment ("Equipment") from Caterpillar Financial Services Corporation and/or an authorized Caterpillar dealer ("Caterpillar") by entering into certain contracts or related documents (the "Agreement") with Caterpillar; and the form of the Agreement has been presented to the governing body of the Governmental Entity at this meeting. RESOLVED, that: (i) the Agreement, including all schedules and exhibits attached to the Agreement, is approved in substantially the form presented at the meeting, with any Approved Changes (as defined below), (ii) the Governmental Entity enter into the Agreement with Caterpillar and (iii) the Agreement is adopted as a binding obligation of the Governmental Entity; and that changes may later be made to the Agreement if the changes are approved by the Governmental Entity's counsel or members of the governing body of the Governmental Entity signing the Agreement (the "Approved Changes") and that the signing of the Agreement and any related documents is conclusive evidence of the approval of the changes; and that the persons listed below, who are the incumbent officers of the Governmental Entity (the "Authorized Persons"): [PLEASE INSERT NAME AND TITLE OF EACH AUTHORIZED PERSON BELOW] Name (Print or Type) Title (Print or Type) be, and each is, authorized, directed and empowered, on behalf of the Governmental Entity, to (i) sign and deliver to Caterpillar, and its successors and assigns, the Agreement and any related documents, and (ii) take or cause to be taken all actions he/she deems necessary or advisable to acquire the Equipment, including the signing and delivery of the Agreement and related documents; and that the signatory below is authorized to attest to these resolutions and affix the seal of the Governmental Entity to the Agreement, these resolutions, and any related documents; and that nothing in these resolutions, the Agreement or any other document imposes a pecuniary liability or charge upon the general credit of the Governmental Entity or against its taxing power, except to the extent that the payments payable under the Agreement are special limited obligations of the Governmental Entity as provided in the Agreement; and that a breach of these resolutions, the Agreement or any related document will not impose any pecuniary liability upon the Governmental Entity or any charge upon its general credit or against its taxing power, except to the extent that the payments payable under the Agreement are special limited obligations of the Governmental Entity as provided in the Agreement; and that the authority granted by these resolutions will apply equally and with the same effect to the successors in office of the Authorized Persons I, , of ST. LUCIE COUNTY BOCC, certify that the resolutions above are a full, true and correct copy of resolutions of the governing body of the Governmental Entity. I also certify that the resolutions were duly and regularly passed and adopted at a meeting of the governing body of the Governmental Entity. I also certify that such meeting was duly and regularly called and held in all respects as required by law, at the Governmental Entity's office. I also certify that at such meeting, a majority of the governing body of the Governmental Entity was present and voted in favor of these resolutions. I also certify that these resolutions are still in full force and effect and have not been amended or revoked. IN WITNESS of these resolutions, the signatory named below executes this document on behalf of the Governmental Entity. Signature Title Date US Gov Resol to LSE, PURCH or FIN not specific to GELPA 4462849 10/11/2022 03:14:28 PM Ref. 1518321 Page 278 of 1533 Opinion of Counsel CAT' Financial Re: Governmental Equipment Lease -Purchase Agreement (Contract Number 001-70092918) (the "Lease") Between ST. LUCIE COUNTY BOCC ("Lessee") and Caterpillar Financial Services Corporation ("Lessor") Sir/Madam: I am an attorney for Lessee, and in that capacity, I am familiar with the above -referenced transaction, the Lease, and all other documents pertaining to the Lease (the Lease and such other documents pertaining to the Lease being referred to as the "Lease Agreements"). Based on my examination of these and such other documents, records and papers and matters of fact and laws as I deemed to be relevant and necessary as the basis for my opinion set forth below, upon which opinion Lessor and any subsequent assignee of Lessor's interest may rely, it is my opinion that: 1. Lessee is a fully constituted political subdivision or agency duly organized and existing under the Constitution and laws of the State of Florida (the "State"), and is authorized by such Constitution and laws (i) to enter into the transaction contemplated by the Lease Agreements and (ii) to carry out its obligations thereunder. 2. The Lease Agreements (i) have been duly authorized, executed and delivered by Lessee and (ii) constitute valid, legal and binding obligations and agreements of Lessee, enforceable against Lessee in accordance with their terms, assuming due authorization and execution thereof by Lessor. 3. No further approval, license, consent, authorization or withholding of objections is required from any federal, state or local governmental authority with respect to the entering into or performance by Lessee of the Lease Agreements and the transactions contemplated by the Lease Agreements. 4. Lessee has sufficient appropriations or other funds available to pay all amounts due under the Lease Agreements for the current fiscal year. 5. The interest payable to Lessor by Lessee under the Lease Agreements is exempt from federal income taxation pursuant to Section 103 of the Internal Revenue Code of 1986, as amended. 6. The entering into and performance of the Lease Agreements will not (i) conflict with, or constitute a breach or violation of, any judgment, consent decree, order, law, regulation, bond, indenture or lease applicable to Lessee, or (ii) result in any breach of, or constitute a default under, or result in the creation of, any lien, charge, security interest or other encumbrance upon any assets of Lessee or the Units (as defined in the Lease) pursuant to any indenture, mortgage, deed of trust, bank loan, credit agreement or other instrument to which Lessee is a party, or by which it or its assets may be bound. 7. No litigation or proceeding is pending or, to the best of my knowledge, threatened to, or which may, (a) restrain or enjoin the execution, delivery or performance by Lessee of the Lease Agreements, (b) in any way contest the validity of the Lease Agreements, (c) contest or question (i) the creation or existence of Lessee or its governing body or (ii) the authority or ability of Lessee to execute or deliver the Lease Agreements or to comply with or perform its obligations under the Lease Agreements. There is no litigation or proceeding pending or, to the best of my knowledge, threatened that seeks to or could restrain or enjoin Lessee from annually appropriating sufficient funds to pay the Lease Payments (as defined in the Lease) or other amounts contemplated by the Lease Agreements. In addition, I am not aware of any facts or circumstances which would give rise to any litigation or proceeding described in this paragraph. 8. The Units are personal property and, when subjected to use by Lessee, will not be or become fixtures under the laws of the State. 9. The authorization, approval and execution of the Lease Agreements, and all other proceedings related to the transactions contemplated by the Lease Agreements, have been performed in accordance with all applicable open meeting, public records, public bidding and all other applicable laws, rules and regulations of the State. 10. The appropriation of moneys to pay the Lease Payments coming due under the Lease and any other amounts contemplated by the Lease Agreements does not and will not result in the violation of any constitutional, statutory or other limitation relating to the manner, form or amount of indebtedness which may be incurred by Lessee. 11. The Lessor will have a perfected security interest in the Units upon the filing of an executed UCC-1 or other financing statement at the time of acceptance of the Units with the Secretary of State for the State. ST. LUCIE COUNTY BOCC Name(Print): Date: Signature: Address: Title: US Opinion of counsel 4462849 10/11/2022 03:14:28 PM Ref. 1518321 Page 279 of 1533 CUSTOMER INFORMATION VERIFICATION Contract Number 001-70092918 CAT' Financial Customer Name: ST. LUCIE COUNTY BOCC Physical Address: 6120 GLADES CUT OFF RD FORT PIERCE, FL, 34981-4301 Mailing Address: 2300 Virginia Ave FORT PIERCE, FL, 34982-5632 Equipment Location: 2300 Virginia Ave FORT PIERCE, FL, 34982-5632 Business Phone: E-mail Address: landryg@stlucieco.org The changes above apply to: ❑ Current Request for financing ❑ All active contracts AX INFORMATION Tax Exempt" Non -Exempt 'r` *A Tax Exemption Certificate is required for all tax exempt customer. if you are tax exempt — please enclose a current Asset outside the City limits Yes NO tax exemption certificate to be returned with your documents. ❑ I decline Auto Pay authorization at this time ❑ I request and authorize Caterpillar Financial Services Corporation ("Cat Financial") to begin debiting my account for the amounts due under the contract(s) indicated below, with debits made to my account and withdrawn by Cat Financial, provided my account has sufficient collected funds to pay the debit when presented. If my financial institution dishonors any debit for any reason, Cat Financial may issue another debit in substitution for the dishonored debit and will have no liability on account of a dishonored debit. I agree that Cat Financial's rights relating to each debit will be the same as if I had personally signed a check. I agree that I will be liable to make payment promptly, including any applicable late fees, if any debit is not paid, unless Cat Financial or its agents or affiliates are directly responsible for the nonpayment. I acknowledge that I may cancel this authorization at any time by written notice to Cat Financial, which notice will be effective 10 days after receipt; however, my cancellation of this authorization does not terminate, cancel or reduce my obligations under the contract(s). I understand that Cat Financial will not notify me in advance of any withdrawal and I agree to waive all pre -notification requirements in respect of all debits drawn under this authorization. Please use the information below to set up Auto Pay on: Bank Name Routing Number �■ 9 digits Account Number HE 3-17 digits Re -Enter Account Number 110 3-17 digits Account Name (exactly as it appears on Check) rmA�wLrir 0301 OPPER CHE yT LNF _ 1MHUSY0 ] i4 t.U. - WNA6 LN9nTVrDH US i.coo'm 123E564?871o3oi Routing Number Account Number US Customer Information Verification Form 4462849 10/11/2022 03:14:38 PM Ref. 1518321 Page 280 of 1533 Meeting Minutes CAT' Financial KELLY TRACTOR CO 8255 NW 58TH ST MIAMI, FL 33166-3406 ST. LUCIE COUNTY BOCC We are requesting a copy of the minutes of the appropriation meeting during which the funds for this deal were allocated. A copy of this information is necessary to complete the documentation package and to fund the deal. Your ability to return a complete package will ensure timely payment to you. Thank you for your assistance. CATERPILLAR FINANCIAL SERVICES CORPORATION DOCUMENTATION DEPARTMENT US Meeting Minutes Request (GOV Lease - Purchase Deals) 4462849 10/11/2022 03:14:38 PM Ref. 1518321 Page 281 of 1533 General Liability and Physical Damage Self -Insurance Rider Contract Number 001-70092918 CAT' Financial This General Liability and Physical Damage Self -Insurance Rider ("Self -Insurance Rider") between Caterpillar Financial Services Corporation ("we", "us" or "our") and ST. LUCIE COUNTY BOCC (`you" or `your") is attached to and forms part of the Cat Value Option for the Contract Number set out above (the "Agreement'). LESSOR LESSEE CATERPILLAR FINANCIAL SERVICES CORPORATION ST. LUCIE COUNTY BOCC 2120 West End Avenue 2300 Virginia Ave Nashville, TN 37203 FORT PIERCE, FL 34982-5632 Notwithstanding anything to the contrary contained in the Agreement, you may self -insure against (A) general liability risks including, but not limited to, liability coverage for personal injuries, death and damages to property owned by third parties with respect to or caused by the Units, and (B) physical damage to the Units, to the extent that you self -insure equipment which you own or lease that is similar in nature to the Units against such damage and risks, provided (i) no Event of Default has occurred and is continuing, and (ii) such self-insurance program is not and does not become, in our opinion, inconsistent with prudent industry practice with respect to equipment similar in nature to the Units. b. You will deliver to us, on or before the Delivery Date of each Unit with respect to which you will self -insure, a Self -Insurance certificate substantially in the form on the reverse and will provide us with such evidence as we may reasonably request regarding your method of accounting for such self-insurance, including, but not limited to, copies of your books and records showing the establishment and maintenance of satisfactory insurance reserve. c. Except as supplemented by this Self -Insurance Rider, the Agreement remains in full force and effect and is enforceable in accordance with its terms, including all provisions governing your obligations with respect to insurance for the Units. CATERPILLAR FINANCIAL SERVICES CORPORATION Signature Name (Print) Title Date ST. LUCIE COUNTY BOCC Signature Name (Print) Title Date US Self -Insurance Rider and Certificate (Liability and Damage) 4462849 10/11/2022 03:14:08 PM Ref. 1518321 Page 282 of 1533 This is to acknowledge that ST. LUCIE COUNTY BOCC ("you" or "your") is under a self-insurance program for (A) general liability risks and (B) physical damage with respect to the Units leased, sold, financed or otherwise securing obligations under the Cat Value Option, Contract Number 001-70092918 (the "Agreement"), between Caterpillar Financial Services Corporation ("we", "us" or "our") and you. You hereby certify that the self-insurance program (i) will be primary without right of contribution from any insurance carried by us; and (ii) will guarantee payment to us for any and all costs and expenses incurred by us in connection therewith, including, but not limited to, reasonable attorney's fees, losses, damage or liability asserted against us with respect to the Units. In the event the Agreement is assigned to a partnership or trust, the terms "we", "us" or "our" as used herein will mean and include such partnership or trust and each partner therein or beneficiary thereof. ST. LUCIE COUNTY BOCC Signature Name(Print) Title Date Page 283 of 1533 Lease Return Conditions (Not for use with On -Highway Vehicles, Drills, Draglines, Electric Rope Shovels, Highwall Miners and Underground Equipment) CAT Financial This Lease Return Conditions agreement (this "Return Agreement"), which may also be referred to as an "Application Survey," is part of and incorporated into that certain Cat Value Option, Contract Number 001-70092918 (the "Lease") entered into between the Lessee and the Lessor named in the Lease. Capitalized terms used in this Return Agreement but not defined shall have the meaning ascribed to them in the Lease. Make: CATERPILLAR Model:725 Serial No.: 3T900760 Unit Configuration and Attachments: No Truck Body // Water Tank Unit Usage & Primary Operating Environment: Industrial Environment - Aluminium, Asphalt, Coke, Cold Metal Slag, Cold Planer Worktool, Cold Slag, Composting, Concrete, Demolition, Gypsum, Landfill, Paper Manufacturing, Recycling, Salvage, Scrap Handling, Steel, Transfer Station, Trash If there are any changes to your Unit usage or operating environment, please communicate this change to Caterpillar Financial immediately. Lessee will return the Unit to the Lessor in accordance with the terms in the Lease. Lessee will be responsible for performing any loading, unloading, disassembly, reassembly, testing, inspecting, and transportation of the Unit (including all leased attachments), and will do so in a manner consistent with the manufacturer's recommendations and practices. Annual Allowed Unit Hours: 1000 Current Hours: 0 Total Allowable Unit 5000 Hours: If any Unit is returned with hours of use exceeding the Total Allowable Unit Hours (the "Excess Hours"), Lessee will pay Lessor additional rent in an amount equal the Excess Hours multiplied by $121.97. The hours of use for the Unit shall be determined, at Lessor's option, by the hour meter attached to the Unit, the engine Electronic Control Module (ECM), or Caterpillar Product Link (if available). A. General Condition i. Lessee shall return the Unit in the same configuration and with all the components, accessories and attachments that were included on the Unit at the beginning of the Lease Term (including any items stated on the invoice to Lessor) regardless of operating condition, and shall not modify a Unit from its original configuration without written approval by Lessor. ii. Lessee shall use only the manufacturer's genuine or specifically recommended replacement parts for all maintenance, repairs and overhauls. Will fit, off brand, and parts that have not been specifically recommended by the manufacturer are NOT acceptable, and Lessee will be assessed for the full cost of replacing such parts (including labor). iii. Lessee shall operate the Unit in accordance with the manufacturer's published operation, application, loading, lubrication, and maintenance guidelines and policies, and shall ensure all repairs, maintenance, and overhauls are performed at recommended intervals and in a manner consistent with the manufacturer's recommendations and practices. iv. Cooling, hydraulic, power generation, power train, power transmission, air, heating, fuel, and lubrication systems may not have any damage, system leaks or be contaminated. All internal fluids and reservoirs, such as coolant, lube oil, grease, and hydraulic fluids must be filled at operating levels, all filler caps must be secured with no leaks, all filters must be new and meet or exceed manufacturer standards. Lessee must enroll Unit in a Caterpillar dealer Scheduled Oil Sampling (or comparable) program. B. Cleaning. Each Unit must be cleaned to a commercially acceptable appearance and all rust and corrosion properly removed or treated. All foreign and/or hazardous material (e.g. waste, dirt, non -OEM decals, refuse, coal, rock, limestone, cement, phosphate, concrete, asphalt, gypsum, etc.) on or adhered to the Unit must be properly removed and disposed of in accordance with all applicable federal, state and local laws and regulations. C. Undercarriage/Tires and GET. The wear surface in use of each individual GET item and track component (e.g., belts, links, pads, sprockets, idlers, undercarriage pins & bushings) shall be no more than 50% worn according to the manufacturer's wear specifications and guidelines. Recapped tires are not acceptable. All tires shall be the same size, type and brand (or similar quality brand if the original brand is no longer available) as the tires on the Unit when it was first delivered to Lessee. Lessee shall be charged for wear on tires, undercarriage, and GET based on the following payment schedule: Wear % Charge to Lessee 0 - 50% — No charge 50 - 90% Charge will be between 0% to 100% of estimated replacement cost depending on where the wear % falls within this range (e.g., 60% wear would result in a charge equal to 25% of the estimated replacement cost). 90 - 100% —> 100% of estimated replacement cost If any tire, undercarriage component, or GET component is inoperable, broken, missing, damaged, bent, leaking, cracked, includes section repairs or rated Poor, Lessee will be responsible for 100% of the estimated replacement cost regardless of its wear percentage. D. Electrical System. The alternator/generator, starter, electric motors, drives, and electronic control units must operate as intended. All electrical harnesses and connections must be in functional condition and properly secured with no sectional repairs. All electronic US Lease Return Conditions 4462849 10/11/2022 03:14:08 PM Ref. 1518321 Page 284 of 1533 functions and accessories, controls, monitoring systems, touch screens, gauges, cameras, internal & external lighting, senders, and switches must be fully readable and functional as originally intended. All batteries must be fully operational without any dead cells or cracked cases. E. Engine. All engine components, as well as engine retarder brakes and emissions aftertreatment devices, must meet or exceed the manufacturer's minimum recommended specifications while operated under full load. This determination will be made by subjecting the engine to standard industry testing and will be conducted by an inspection agent approved by Lessor (normally the local Cat dealer). F. Mechanical & Hydrostatic Drive Train. All drive train components (e.g., drive train controls, accessories, transmissions, hydrostatic drive systems, power transfer gearboxes, differentials, planetaries, swing gear boxes, and torque convertors) shall operate as intended at full load with no overheating, leaks, or excessive vibrations or noise. G. Brakes. All parts of the brake system (e.g., the brake controls, service brakes, parking or emergency brake, swing brake, planetary and wet brake systems) shall function as intended and operate without leaks, noise, or vibrations. H. Hydraulic Equipment. All hydraulic equipment (e.g., hydraulic controls, accessories, pumps, motors, cylinders, valves, pipe/tubing and hoses) must be properly secured and operate as intended with no leaks, vibration, noise, drift, bent or damaged cylinders, excessive motor case drain, or linkage bushings/pins worn past service limits. Hydraulic cycle times must meet the manufacturer's minimum performance specifications. I. Air Conditioning & Heating Systems. All air conditioning systems and components (e.g., controls, compressors, evaporators, condensers, motors, valves, lines, fittings, louvers, ducting, recirculation components and filters) must operate as intended and without leaks, noise, or vibrations. J. Structures, Parts, & Components. All of the Unit's components (e.g., welds, plates, frames, tanks, beds, winches, drums, booms, sticks, buckets, blades, hitches, trunnions, articulation/oscillation joints, as well as rotating, reciprocating, pumping, compression, temperature control, reservoir, conveyance, supporting, lifting and positioning machinery) must be operating as intended and be structurally sound, without deformities, cracks, corrosion, leaks, or damage. K. ROPS/FOPS and Safely Items. The cab, Roll Over Protective Structure ("ROPS"), and Falling Object Protective Structure ("FOPS") shall not be damaged or require any repair. ROPS/FOPS certification and integrity must be maintained throughout the Lease Term and must be certified upon return. All safety items (e.g., restraint devices, steps, stairways, safety rails, grab irons, walkways, catwalks, fire suppression systems, warning alarms, decals, placards, signage) shall be complete, unexpired and in working order. L. Sheet Metal & Plastic Surfaces. All sheet metal and plastic surfaces shall operate as intended; be without holes, breaks, bends, abrasions, corrosion; and be in the same configuration as they were at the beginning of the Lease Term. M. Paint, Decals & Operator's Compartment. The paint and decals shall not have any peeling, bubbling, mismatched shades, or otherwise be in a poor condition relative to the original paint. Non -OEM paint color, decals, or markings are not acceptable. The operator's compartment shall be free of any interior soiling, odors, trash, or debris, and the interior (e.g., dash, seats, floor covers, headliners and upholstery) shall not have any holes, tears or burns. All window glass and mirrors shall be clear and free from damage. All window frames, doors, and weather stripping shall be complete. N. Documents and Records. The Unit must have all appropriate licensing and inspection certificates, permits and any other certifications necessary to operate the Unit. Lessee shall maintain complete records (including dates and hour meter readings) of all maintenance, repairs, overhauls, part purchases, and fluid sample analysis reports relating to the Unit. Lessee shall make such records available to Lessor for verification and review at any time during Lessee's normal business hours. Copies of these documents and records shall be made available to Lessor upon return of the Unit. If, in the sole judgment of Lessor, any Unit does not meet the standards set forth in this Return Agreement, or if Lessee fails to perform its obligations set forth above, Lessee shall pay to Lessor the estimated cost to return a Unit to the condition specified in the Lease and this Return Agreement ("Condition Charge"). The Condition Charge shall be due and payable to Lessor regardless of whether the repairs and service are completed. All repair and service charges will be based upon a Caterpillar dealer's retail estimated repair costs, and will include the cost of parts and labor. All amounts owed to Lessor pursuant to the Lease and this Return Agreement (including Excess Use Charges and Condition Charges) shall be due and payable upon demand. MINIMUM CHARGE THRESHOLD: Lessee shall not be responsible for any charges incurred in connection with this Return Agreement if the total amount of the charges does not exceed Five Hundred Dollars ($500.00). Please note, however, that if the total amount of the charges exceeds $500, Lessee will be responsible for the entire amount. LESSEE: ST. LUCIE COUNTY BOCC Signature: Title Name (Print): Date: US Lease Return Conditions 4462849 10/11/2022 03:14:08 PM Ref. 1518321 Page 285 of 1533 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA December 6, 2022 NOTICE OF A PROPOSED TEXT AMENDMENT TO THE LAND DEVELOPMENT CODE The St. Lucie County Board of County Commissioners proposes to consider the adoption of the following by ordinance: AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 7.10.30 REASONABLE ACCOMMODATION PROCEDURES TO AMEND THE APPEALS PROCEDURE SO THAT APPEALS ARE HEARD BY THE CIRCUIT COURT, 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. This is the second public hearing on the proposed ordinance. The hearing will be held before the St. Lucie County Board of County Commissioners on Tuesday, December 6, 2022 at 6:00 p.m., or as soon thereafter as the matter may be heard, in the St. Lucie County Commission Chambers at the St. Lucie County Administration Building Annex, Third Floor, 2300 Virginia Avenue, Fort Pierce, Florida. Matters affecting your personal and property rights may be heard and acted upon. All interested persons may appear at the meeting and be heard with respect to the proposed ordinance. Written comments received in advance of the public hearing will also be considered. The draft ordinance is available for review at the St Lucie County Attorney's Office located at the St. Lucie County Administration Annex at 2300 Virginia Avenue, 3rd Floor, Fort Pierce, Florida, during regular business hours (8:00 a.m. to 5:00 p.m., Monday through Friday). Please call (772)462- 2822 or TDD (772)462-1428 if you have any questions or require additional information about this ordinance. The St. Lucie County Board of County Commissioners has the power to review, adopt, amend or repeal any ordinance. If it becomes necessary, a public hearing may be continued to a date certain. Amendments to the proposed ordinance may be made at the public hearing. The proceedings of the Board of County Commissioners are electronically recorded. PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, if a person decides to appeal any decision made with respect to any matter considered at the meetings or hearings of any board, committee, commission, agency, council or advisory group, that person will need a record of the proceedings. For such purpose, that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act, anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Safety and Risk Manager, Kara DePasquale, ADA Coordinator, at (772) 462-6419, or T.D.D. (772) 462-1428, at least forty- eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA /S/ Sean Mitchell. Chair PUBLISH DATE: November 19, 2022 PUBLISHER: The Tribune TYPE AD: Display Ad 18pt type for heading No smaller than 2 column inches wide by 10 inches long Send Proof to: St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 Phone - (772) 462-1441 Fax - (772) 462-1440 Send Bill to: St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 Phone - (772) 462-1441 Fax - (772) 462-1440 Page 364 of 1533 Account#333005 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING Tuesday, December 6, 2022 NOTICE OF PROPOSED FUTURE LAND USE MAP AMENDMENT The St. Lucie County Board of County Commissioners is scheduled to review and take action on the subject proposal, petitioned by Ordinance: ORDINANCE AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE ADOPTED COMPREHENSIVE PLAN FUTURE LAND USE MAP BY CHANGING THE FUTURE LAND USE CATEGORY OF +/-3,229.27 ACRES FROM AGRICULTURAL-5 (AG-5) TO MIXED USE DEVELOPMENT (MXD) AND CREATING THE ASSOCIATED OAK RIDGE RANCHES HIGH INTENSITY MIXED USE (MXD) ACTIVITY AREA WITH SUB AREA POLICIES; PROVIDING FOR FINDINGS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION. I FILE NUMBER: FLUMA-8202126133-26133 PURPOSE: A Comprehensive Plan Future Land Use Map Amendment proposing to change the subject +/-3,229.27 acres from AG-5 (Agricultural - 5) to the MXD (Mixed Use Development) category. The proposed Oak Ridge Ranches MXD District is requested as a High Intensity Development Area with associated Sub Area Policies. The proposed Sub Area Policies provide guidelines for development of up to 9,688 dwelling units and up to 650,000 square feet of non-residential uses via a Planned Unit Development. Subject Parcel PROPERTY OWNERS & APPLICANTS: Oak Ridge Ranches, LLC /The Kolter Group, LLC REPRESENTATIVE: Daniel Sorrow, PLA, AICP of Cotleur & Hearing, Inc. LOCATION: The west side of Glades Cut-off Road, at the northwest comer of the Range Line Road and Glades Cut Off Road, with and extending north to the C24 Canal. I PARCELIDS: 3223-111-0002-000-9 3236-311-0021-000-2 3223-431-0001-000-5 4201-111-0015-000-8 3226-111-0001-000-1 3236-411-0001-000-3 3225-111-0001-000-8 3236-311-0021-010-5 3235-212-0001-000-9 4202-111-0001-000-0 3235-1 1 1-0001-000-9 4202-212-0003-000-4 3236-444-0030-000-7 4202-331-0001-000-6 3236-111-0001-000-2 4203-441-0001-000-7 AFFECTED LAND AREA: +/- 3,229.27 ACRES The Board of County Commissioners' Transmittal PUBLIC HEARING on this item will be held in the Commission Chambers, Roger Poitras Annex, 3" Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on Tuesday December 6. 2022, beginning at 6:00 Dm or as soon thereafter as possible. All interested persons will be given an opportunity to be heard. Written comments received in advance of the public hearings will also be considered. Written comments to the Board of County Commissioners should be received by the Planning and Development Services Department - Planning Division at least three (3) days prior to the scheduled hearing. The petition files are available for review at the Planning and Development Services Department — Planning Offices located at 2300 Virginia Avenue, 21 Floor, Fort Pierce, Florida, during regular business hours. Please call (772) 462-2822 or TOD (772) 462-1428 if you have any questions or require additional information about this petition. The St. Lucie County Board of County Commissioners has the power to review and approve or disapprove any applications within their area of responsibility. The proceedings of the Board of County Commissioners are electronically recorded. PURSUANT TO SECTION 286.0105, FLORIDA STATURES, if a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at a meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Risk Manager at least forty-eight (48) hours prior to the meeting at (772) 462-1546 or T.D.D. (772)462-1428. BOROF COUNTY COMMIS ST. LUCIECOUNTY, FLORIDASIONERS Page 622 of 1533 PUBLISH DATE: Thursday, November 24, 2022 TR-GC10979984-01 Planning i Development ----------------------------------------------------------------------------� -.-.. BOARQ OF COUNTY COMMISSIONERS ; - .'- ----------------------------------------- Notice of Public Hearing Tuesday, December 6, 2022 Notice of Proposed Future Land Use Map Amendment Time: 6:00 PM (or soon thereafter) US xelaures 1no 32W W Nth 3t I Hisleeb, 1'L 3301& --------------------------------------------------------------------------------- ,( wrr.rr Oak Ridge Ranches BOCC Chambers SLC AdmirrMra bn Aamm 23'Ji1 Virginia Avenue Fort Pierce, FL34,.2 9TU PM (orsoon thereafter) Property Owners 8 AAPIjaarp Oak Ridge Ranches, LLC 14025 FgrAA¢gg Dr., Suite 175 Tampa, FL33637 The KniterGroup, LLC John Csapc 105 HE 1st Street De" Beech, FL 33444 Agent aMecgrd- Da n e I So now, P LA, AICP, L F Fri AP qgft'rand Heanng, Inc. 1S34 Commerce Centre Ln., Ste. 1 Juprter, FL22458 Project Locafion: The west side of G lades Cut-off Road, at the northwestcamerof the Range Line Road and Giedes Out Off Road, with land extending no rth to the C2 4 Ca na 1. Project Fde Hum ber- FL UMAS202125133-25133 You are racer ling firs courivesy no oce hecalse you awn Jand Iti oilin 5UQfeer of ile Jand fiaria a1J6jesraf dle sranrd a{>wli cadoo. Pgricuftura45, ldw5ac (Mooed Use De bprnent)- HUb Intensity Deve lop ne nt Area wn Meted S ut~Area Policies. PgricuJturai5, ldw5ac 11-00U2-0OU-e 323E-311-0021-000-2 31-0ON-000 5 4201-111-0015-00" 11-ODU1-00¢i 3236-411-0001-0003 11-0UU 1DOG-8 3236-311-0021-01U6 12-00N-00(�-9 4202-111-0001-00" 11-ODU1-0O¢9 42U2-212-0003-0004 44-OMMO0-7 4202L331-0001-OOM 11-00U1-000-2 42C3441-00U 1-0UO-7 l Die Ahmled: li�her 23, 2022 Beard of County Commissioners Public Hearin g Tuesday, December8, 2022 (M 6:00 PM (or soonthereafter] PROJECT LCCAT3ON- The west side of G lades Cutoff Road, at the no rthwest ca me r of the Range Line Road and Glades Cut Off Road, with land exiendirg north to the C24 Canal. AFFECTE 1) LAND AREA: +1-3,22927-ACRES PROPOSAL CNERVW-W: The applicant is proposing an amendment to the Comprehensive Pen Future Land Use Map. to charge the subject+?L2.229.27 acres from the A(3-5 fAgricultural- 5j Future Land Use category to the MXD (Mb:ed Use development) category. The proposed Oak Ridge Ranches MID District is requested asa High Intensity6evehpment Anna with assoceted Sub -Area Poti6es. Board ol'Corrnrr Commfssfoners The Boardof County Cammssioner has the powerin mvwwandappmve ordisappmve, anyappiications wfth h their a m-a of mspm sib illy. The Board of County CammL nneis strongly encourages your input and commentatthe pubfic hearing.; Yeu maysisa mail oremail written comments regardhg this praceedng in advance of the public hearing; for inclusion in the officA I m-ce rd. Anyme with s d isa b ility requiring acce mmodatims to attend this meeting mey m ntect the 5 LC Ca mmunih Riskldenagerat fast 48 hours in advance at T72-452-1546 erTCo772-452-1428. Furtherdeteil may be requested cr Public comment forthe upcoming meetng can he submitted with staff: Staff Kan Bentm, AICP Tel {772j 452-2618 Email Be-hfanKQstncaexa•:l Mail 230D Uaginia Avenue, Fort Pierce, Flo rida 349S2 Page 624 of 1533 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA TUESDAY, DECEMBER 6, 2022 NOTICE OF PROPOSED FUTURE LAND USE MAP AMENDMENT AND PLANNED UNIT DEVELOPMENT (PUD) REZONING & PRELIMINARY SITE PLAN The St. Lucie County Board of County Commissioners to review and act on the following items petitioned Neal Keys for adoption by Ordinance and Resolution, respectively: ORDINANCE AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, TO AMEND THE COMPREHENSIVE PLAN FUTURE LAND USE MAP FOR +/-16.67 ACRES OF LAND OWNED BY NEAL KEYS FROM COM (COMMERCIAL) TO MXD (MIXED -USE DEVELOPMENT) TO BE KNOWN AS THE EDEN OAKS MXD ACTIVITY AREA; PROVIDING FOR FINDINGS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION RESOLUTION A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY FOR A PLANNED UNIT DEVELOPMENT (PUD) FOR REZONING FROM CG (COMMERCIAL, GENERAL) ZONING DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONING DISTRICT AND PRELIMINARY SITE PLAN FOR +/-16.67 ACRES KNOWN AS THE EDEN OAKS PUD LOCATED WITHIN IN ST. LUCIE COUNTY, FLORIDA PROPERTY OWNER(S): Neal Keys REPRESENTATIVE: Tod Mowery, AICP, of the Red Tail Design Group FILE NUMBER: FLUMA-2202226314 & PUD RZ-3202226351 LOCATION: 6201 S US HIGHWAY 1, Port St. Lucie, FL 34982 PARCELID(s): 3415-501-0020-000-7 PURPOSE: A proposed amendment to the Comprehensive Plan Future Land Use Map (Small-scale), to change the subject +/- 16.67 acres from the COM, Commercial category to a new Mixed Use Development (MXD) District, to be known as the Eden Oaks MXD Activity Area with associated subarea policies, to contain a +/- 2.38-acre Commercial specific use area and a +/-14.29-acre Residential specific use area for with density up to 14 dwelling units per acre via a planned development. A concurrent application proposes a Zoning Atlas Amendment (Rezoning) from the CG, Commercial General zoning district to the Planned Unit Development (PUD) zoning district for the +/-14.29 acre residential segment, an associated Preliminary PUD Site Plan to develop up to 200 dwelling units and while retaining a commercial outparcel along US Highway 1, to be known as the Eden Oaks PUD. w... EF Subject 5 a The Board of County Commissioners' PUBLIC HEARINGS on these items will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on Tuesday, December 6, 2022, beginning on 6:00 pm or as soon thereafter as possible. All interested persons will be allowed to be heard. Written comments received in advance of the public hearing will also be considered. Written comments to the Board of County Commissioners should be received by the Planning and Development Services Department - Planning Division at least three (3) days before the scheduled hearing. The petition file is available for review at the Planning and Development Services Department— Planning Offices located at 2300 Virginia Avenue, 2nd Floor, Fort Pierce, Florida, during regular business hours. Please call (772) 462-2822 or TOD (772) 462-1428 if you have any questions or require additional information about this petition. The St. Lucie County Board of County Commissioners has the power to review and approve or disapprove any applications within their area of responsibility. The proceedings of the Board of County Commissioners are electronically recorded. PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, if a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at a meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date certain. Anyone with a disability requiring an accommodation to attend this meeting should contact the St. Lucie County Risk Manager at least forty-eight (48) hours prior to the meeting at (772) 462-1546 or T.D.D. (772) 462-1428. BOARD OF COUNTY COMMISSIONERS/ ST. LUCIE COUNTY, FLORIDA p PUBLISH DATE: WEDNESDAY, NOVEMBER 2T age 733 Of 1533 Development-------------------------------- Sc L1�LL 1 s` BDAR DF DU NTY ICI MMI S SIDN ERS - Meeffnq Trtne: Public Hearing Notice 5 D D PM (ar 5oon the reetteer) Tuesday, December 6, 2022 aL4JOkI JJstNaaie»_ «['uOiFinst- I Notice of Proposed Future Land Use Asap .Amendment and Namen PUD Rezoning with a Preliminary Development Flan a ROCit - VCUC)Stateoo-, Eisen Oak■ FLIJMA-220222WIA i PIFD_RZ-3207126151 �LS�OPostJJ1» Lacation: 9OCC Cha mbe rs SLCldmin istratbn Annex, 23OD Vilg in is Avenue, Fart Pie roe. F L 34982 A I ica nt: Neal #31I fJ 172rd5t N M an i Sewh FL 33162 A ue nt R]f FbCnrd: Tod Mavery, ACP Red MI De 40G=p 103 S. 2rd Dnset Fort Pierce, FL3 P rniect Lncatian: 152M S. LE Hbhwmyl Fart Pierce, FL 34982 Prowt File hM.trnden[sl: FLUMJ,22=14 & PD-2207- 03M17 (FKA FUD-RZ-3202=51) PameI ID Hunbeft: 3 41b- 5D 1-OMD-OdO-7 Existim Zianiinp Districts: CG, (OD mmeroel Genersf, Proposed Zaran4 Drs trials: PUD{Phnned Uni Uevehpment) CG. (Co mmervel,-Gene rat}.b,.4 . Elostim Fubire LandUse: COM (C)mrremisr, Proposed Future La nd Use: MXD (Moced-Use Deuelopmant) _------ ---------, L i r i�MJe•i i �r f Ytv are recei Ong dus ao d cebecw-ze yarn are a prooe. -iy o m er wi dais SO4reer o r ibe pro- posed A ed ion. Prow DeseriaaJiQJe Tcd Lkfq> eery, AICP, oCthe Red Tal Leap G up_ petitioned a pmopcsgd s i mmt tal the Compmehmsin-a Phm FLrhsa Land LM Map (:Mna P-d-2): to rh-g-2 th-2 abject —till 14.4: saes from t>re CCh-i Ccmmzaeiall czag g to a nm Mmd Us- D Adopc -eat, OXXD) Disimq b be 1mo>"r m the Ea-m gab L12M A€umty Am -mth am,=&-2d, subaoem policies b comma a -, 2.3 S,acme ' Camom--Dd& spa fic ua arm and a-ti14.29', acne Rem&Ltgl spm& use am for mthl density LT to 14 dv-aIling nnd3 per ac- i'ia al plmmmed c'R'lapml�t A concmimt appb== pmOpmw a Ym Atlas An-mmzmt T m=g) from the Co.,.., aial Gm mal coming distdrt to Plamed Up -it Dm,4Dpmsmt ,3L13) m diatm et fca tla--14.:9 sa- meal imt-Lal meat, sR aesmatad Psalimimmy PUD Plan to d,%-1op up to 200 da 11mg i mits wNIR metaunng a omme ml cutpara-1 9 LS HigInay 1, to be 1>m;L as tre 1 Qal:s PT-D. SiafrRecanum ikaiim: Stsffiew=-Yk aq p -al cf bot Ruth cmdatiomsamth=_PUD Hoard of Camts C'axmmssimen Pabhc Ekwag: The St. Lune CCRM1Y Beand ofcumty Com- num mm hffi th? posE+er t6 appm = of chsap- pmrnz appioma vLith cmditivas my appksa- bons rL•rtbir tleim ai-m of respromaibility. The Boanc odCoutty C �siom-Msu mgly mwnmaga. yOw iupLa arc €=MMt at the public h-aring. Ycu may also mad om -nail RIltbM CC.'ltde9_`fs f2,-Mi32g thL3 PfOD29d1ng im adhimme of the public hammg for mchtmak in the nisi reoomd. y4mitben =MMl ba the Board ofCoimt; Cc=.Eaianem 3ha1d ba maeavad b-- the Plsmmng and Dos31 p sat Sens Deps=mt-P1z=r.g Diviaicm al Least thicm (3) csy8 pnc7 b6 th2 scholded public hmnimg. Anycaye lath a d-mbllity ieTmmg ar€ommo- dMew to sttma th s meetmg mat oomtact the ma SLC Comunity nsl lrfaraegerYat least 49 hmn iu adrmve ffi !1772) 4621546 of TDT7 { ?2j462-1423 Foriber dank FL -re Ri-R31Rble in be Piwm- mkg ire DLT-dap ma t S Er icef, Dep R rt>t t PhmiogDiii.im please €mtncr: Str$ Kali B3tM A1CP Tel '--3)46sb251s Frail B3tan]r @E th;leso.€ig x.UU PlmrkzareD-%lopmmt S-mica} Dgm=-mt 2300 Vi giria Avemie Fort Pierce, FL 34932 Late Mailed: Novembw 223 2022 '------------------------------------ ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA TUESDAY, DECEMBER 6, 2022 NOTICE OF PROPOSED FUTURE LAND USE MAP AMENDMENT AND PLANNED UNIT DEVELOPMENT (PUD) REZONING & PRELIMINARY SITE PLAN The St. Lucie County Board of County Commissioners to review and act on the following items petitioned Neal Keys for adoption by Ordinance and Resolution, respectively: ORDINANCE AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, TO AMEND THE COMPREHENSIVE PLAN FUTURE LAND USE MAP FOR +/-16.67 ACRES OF LAND OWNED BY NEAL KEYS FROM COM (COMMERCIAL) TO MXD (MIXED -USE DEVELOPMENT) TO BE KNOWN AS THE EDEN OAKS MXD ACTIVITY AREA; PROVIDING FOR FINDINGS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION RESOLUTION A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY FOR A PLANNED UNIT DEVELOPMENT (PUD) FOR REZONING FROM CG (COMMERCIAL, GENERAL) ZONING DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONING DISTRICT AND PRELIMINARY SITE PLAN FOR +/-16.67 ACRES KNOWN AS THE EDEN OAKS PUD LOCATED WITHIN IN ST. LUCIE COUNTY, FLORIDA PROPERTY OWNER(S): Neal Keys REPRESENTATIVE: Tod Mowery, AICP, of the Red Tail Design Group FILE NUMBER: FLUMA-2202226314 & PUD RZ-3202226351 LOCATION: 6201 S US HIGHWAY 1, Port St. Lucie, FL 34982 PARCELID(s): 3415-501-0020-000-7 PURPOSE: A proposed amendment to the Comprehensive Plan Future Land Use Map (Small-scale), to change the subject +/- 16.67 acres from the COM, Commercial category to a new Mixed Use Development (MXD) District, to be known as the Eden Oaks MXD Activity Area with associated subarea policies, to contain a +/- 2.38-acre Commercial specific use area and a +/-14.29-acre Residential specific use area for with density up to 14 dwelling units per acre via a planned development. A concurrent application proposes a Zoning Atlas Amendment (Rezoning) from the CG, Commercial General zoning district to the Planned Unit Development (PUD) zoning district for the +/-14.29 acre residential segment, an associated Preliminary PUD Site Plan to develop up to 200 dwelling units and while retaining a commercial outparcel along US Highway 1, to be known as the Eden Oaks PUD. w... EF Subject 5 a The Board of County Commissioners' PUBLIC HEARINGS on these items will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on Tuesday, December 6, 2022, beginning on 6:00 pm or as soon thereafter as possible. All interested persons will be allowed to be heard. Written comments received in advance of the public hearing will also be considered. Written comments to the Board of County Commissioners should be received by the Planning and Development Services Department - Planning Division at least three (3) days before the scheduled hearing. The petition file is available for review at the Planning and Development Services Department— Planning Offices located at 2300 Virginia Avenue, 2nd Floor, Fort Pierce, Florida, during regular business hours. Please call (772) 462-2822 or TOD (772) 462-1428 if you have any questions or require additional information about this petition. The St. Lucie County Board of County Commissioners has the power to review and approve or disapprove any applications within their area of responsibility. The proceedings of the Board of County Commissioners are electronically recorded. PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, if a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at a meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date certain. Anyone with a disability requiring an accommodation to attend this meeting should contact the St. Lucie County Risk Manager at least forty-eight (48) hours prior to the meeting at (772) 462-1546 or T.D.D. (772) 462-1428. BOARD OF COUNTY COMMISSIONERS/ ST. LUCIE COUNTY, FLORIDA PUBLISH DATE: WEDNESDAY, NOVEMBER400 3�@a 1104 Of 1533 Development-------------------------------- Sc L1�LL 1 s` BDAR DF DU NTY ICI MMI S SIDN ERS - Meeffnq Time: Public Hearing Notice 5 D D PM (ar 5oon the reetteer) Tuesday, December 6, 2022 aL4JOkI JJstNaaie»_ «['uOiFirst- I Notice of Proposed Future Land Use Map .Amendment and Namen PUD Rezoning with a Preliminary Development Flan a oci-b- VCUC)Stateoo-, Eisen Oak■ FLIJMA-220222WIA i PIFD_RZ-3207126151 �LS�OPostJJ1» Location: 9OCC Cha mbe rs SLCldmin istratbn Annex, 23OD Vilg in is Avenue, Fart Pie roe. F L 34982 A I ica nt: Neal #31I fJ 172rd5t N M an i Sewh FL 33162 Arne nt R]f FbCord: Tod Mavery, ACP RedTaiID 40G=p 103 S. 2rd Dnmet Fort Pierce, FL3 P miect Lacatian: 152M S.LE Hbhwmyl Fart Pierce, FL 34982 Prowt File hM.trnden[sl: FLUMJ,22=14 & PD-2207- 03M17 (FKA FUD-RZ-3202=51) PameI ID Hunbeft: 3 41b- 5D 1-OMD-OdO-7 Existim Zorlinp districts: CG, (OD mmeroel Genersf, Proposed Zaran4 Drs trials: PUD{Phnned Uni Uevehpment) CG. (Co mmervel,-Gene rat}.b,.4 . E:dstim Fubire LandUse: COM (C)mrremisr, Proposed Future La nd Use: MXD (Moced-Use Deuelopmant) _------ ---------, L i r i�MJe•i i �r f Ytv are recei Ong dus ao d cebecw-ze yarn are a prooe. -iy o m er wi dais SO4reer o r ibe pro- posed A ed ion. Prow DeseriaaJiQJe Tcd Lkfq> eery, AICP, oCthe Red Tal Lem_p G up_ petitioned a pmpcsgd s iemdmmt tal the Compmehmsin-a Phm FLrhsa Land LM Map (:Mna P-d-2): to rh-g-2 th-2 abject —till 14.4: saes from t>re CCh-i Ccmmadall czag g to a nm Mmd Us- D Adopc -mt, OXXD) Disimq b be 1mo>"r m the Ea-m gab L12M A€umty Am -mth am,=&-2d, subarem policies b comma a -, 2.3 S,acme ' Camom--Dd& spa fic ua arm and a-ti14.29', acne Rem&Ltgl specific use am for mthl density LT to 14 dv-aIling nnd3 per ac- i'ia al plmmmed c'R'lapml�t A concmimt appb== pmOpmw a Ym Atlas An-mmmt T m=g) from the Co.,.., aial Gm mal coming distdrt to Plamed Up -it Dm,4Dpmsmt ,3L13) m diatm et fca thm--14.:9 sa- meal imt-Lal meaf� sR aesmatad Psalimimmy PUD Plan to d,%-1op up to 200 da 11mg units wNIR metaunng a omme ml cutpara-1 9 LS Hig)nay 1, to be 1>m;L as th-2 1 Oaks PT-D. SiafrRecanum ikaiim: Stsffiew=-Yk appe al cf bot Ruth cmdatiomsamth=_PUD Hoard of Camts C'axmmssimen Pubic Ekwag: The St. Lune CCRM1Y Beard ofcumty Com- num mm hffi th? posE+er t6 appm - of chsap- pmoiz appiora V-Ith cmditivas my appksa- tioms rL•rtbir tl-Rif ai-m of respromaibility. The Boanc odcouni' C �siom-Msu mgly mwnmaga. your iupLa arc c=mmt at the public h-aring. Ycu may also mad om anvil RIltbM CC.'ltde9_`fs f2,-Mi32g thL3 PfOD29d1ng im adhimme of the public hammg for mchtmak in the afflCisl reoomd. y4mitben aoelmM� ba the Board of Coimt ; Cc=.Ea oram 3ha1d ba maeavad b-- the Plsmmng and Dos31 p sat Sens D mt-Plarsimg Diviaicm al Least thicm (3) csy8 pnc7 b6 th2 scholded Public hmnimg. Anycaye lath a d-mbllity ieTmmg ar€ommo- dMew to sttma th s meetmg mat oomt rt the ma SLC Comunity nsl lrfaraegerYat lsaA 49 hmn iu adrmve ffi !1772) 4621546 of TDT7 { ?2j462-1423 Foriber dank FL -re Ri-R31Rble in be Piwm- mkg ire DLT-dap ma t S Eril{iS Dep R rt>t t PhmiogDiii.im please €mtncr: Str$ Kali B3tM A1CP Tel '--3)46sb251s Frail B3tank @E th;leso.€ig x.UU PlmrkzareD-%lopmmt S-mica} Dgm=mt 2300 Vi giria Avenue Fort Pik FL 34932 :-------------------------------------------------------------------------------------------r----------------- Page _1-Ms-uf-1-5331 Date Mailed: Nviember 223 2022 J --------------------------------------------------------------------------------------------------------------------------