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HomeMy WebLinkAboutAgenda Packet 09.20.2016T. ®lI COUNTY F LORI D A BOARD OF COUNTY COMMISSIONERS AGENDA ST. LUCIE COUNTY Regular Meeting Tuesday, September 20, 2016 9:00 AM St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL 34982 BOARD MEMBERS District No. 5, Chairman KIM JOHNSON District No. 1, Vice -Chairman CHRIS DZADOVSKY District No. 2 TOD MOWERY District No. 3 PAULA A. LEWIS District No. 4 FRANNIE HUTCHINSON Mission Statement To provide service, infrastructure and leadership necessary to advance a safe and sustainable community, maintain a high quality of life, and protect the natural environment for all our citizens Generated 911912016 9:57 AM Regular Meeting Tuesday, September 20, 2016 9:00 AM WELCOME All meetings are televised. All meetings provided with wireless internet access for public convenience. Please turn off all cell phones and pagers prior to entering the commission chambers. Please mute the volume on all laptops and PDAs while in use in the commission chambers. GENERAL RULES AND PROCEDURES —Attached is the agenda, which will determine the order of business conducted at today's Board meeting. INVOCATION -PLEDGE — To bring order and decorum to its meeting, the Board begins its meetings with an invocation followed by the Pledge of Allegiance. Participation is voluntary. CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS — These items may be heard on the first Tuesday at 6:00 P.M. or as soon thereafter as possible and on a third Tuesday at 9:00 A.M. or as soon thereafter as possible, these time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allocated at the beginning of each meeting for the general public comment. Please limit comments to three minutes. DECORUM — Please be respectful of others' opinions. MEETINGS — All Board meetings are open to the public and are held on the first and third Tuesdays of each month; the first Tuesday at 6:00 P.M. and the third Tuesday at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year as necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the Safety & Risk Manager at (772) 462-1783 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. 2 1 P a g E Regular Meeting Tuesday, September 20, 2016 9:00 AM 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES A. Board of County Commissioners minutes for the meeting of Tuesday, September 06, 2016 5. PROCLAMATIONS APPROVAL A. Resolution - Proclaiming September 28, 2016 as "Million Father March: Men Take Your Child to School Day" in St. Lucie County, Florida 6. PUBLIC COMMENT (excluding Public Hearing items) 7. PRESENTATIONS A. St. Lucie County School Board Update - Wayne Gent, SLC School Board Superintendent B. Presentation of FPUA Environmental Stewardship Award - Ed Matthews, SLC Director of Parks, Recreation & Special Facilities C. Education Presentation for Proposed 1/2 Cent Sales Tax - Howard Tipton, County Administrator 8. CONSENT AGENDA A. WARRANTS 1. Warrant Lists 47-49 B. ADMINISTRATION 1. Closed Captioning Contract Staff recommends approval of the contract with Caption Link. 2. Sunshine Kitchen Pulled Prior to Meeting C. COUNTY ATTORNEY 3 1 P a g e Regular Meeting Tuesday, September 20, 2016 9:00 AM 1. FY 2016-2017 St. Lucie County Health Department Contract Staff recommends the Board approve the proposed FY 2016-2017 contract with the State of Florida for the St. Lucie County Health Department, and authorize the Chairman to sign the contract. 2. Animal Impoundment Services - 2016-2017 Agreement with St. Lucie County Humane Society, Inc. Staff recommends the Board approve the proposed agreement with St. Lucie County Humane Society, Inc., and authorize the Chairman to sign the agreement. 3. Amended Interlocal Agreement for Expansion of Pretrial Services between St. Lucie and Okeechobee County Staff recommends that the Board approve the Amended Interlocal Agreement for Pretrial Services between St. Lucie County and Okeechobee County for FY 16/17, and authorize the Chairman to sign the Interlocal Agreement. 4. Permission to Advertise - Postponement on the Placement of Wireless Communication Facilities in Rights -of -Way Staff requests permission to advertise a proposed ordinance for public hearing before the Local Planning Agency and two (2) hearings before the Board of County Commissioners. 5. Permission to Advertise - Alarm Ordinance Amendments Add -On Staff requests permission to advertise the proposed ordinance for public hearing on October 20, 2016, at 9:00 a.m., or as soon thereafter as may be heard. D. COMMUNITY SERVICES 1. HOME Investment Partnerships Program - Community Housing Development Organization Agreement Amendment No. 1 Staff recommends Board approval of the amendment between the St. Lucie County HOME Consortium and Indiantown Nonprofit Housing, Inc; and authorization for the Chairman to sign documents as approved by the County Attorney. E. COURT ADMINISTRATION There are no items scheduled. F. ENVIRONMENTAL RESOURCES There are no items scheduled. G. HUMAN RESOURCES There are no items scheduled. 4 1 P a g e Regular Meeting Tuesday, September 20, 2016 9:00 AM H. INFORMATION TECHNOLOGY There are no items scheduled. I. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. J. OFFICE OF MANAGEMENT & BUDGET 1. Award Request For Quote (RFQ) No. 16-039, Contractor Pre -Qualification for Community Services Rehabilitation Programs Staff recommends Board approval to award RFQ No. 16-039 and enter into contracts with Black Street Enterprises, Gentile Corporation, One Construction, De La Hoz Builders, Inc., Sand Dollar Development, Certified Property Restoration and Florida Retrofit, and authorization for the Chairman to sign documents as prepared by the County Attorney. K. PARKS, RECREATION & FACILITIES 1. Civil War Re -Enactment - 2016 Staff recommends Board authorization to waive $1,200.00 in open space rental fees for the 2016 Raid on Ft. Pierce Civil War Re -Enactment to be held at the Savannas Recreation Area as outlined in this agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. 2. Fandomania Partial Fee Waiver & Payment Arrangement Staff recommends Board approval to provide a partial (20%) waiver of the facility rental fees for the use of the Fenn Center from June 17-19, 2016. The total cost reduction for the "Not for profit" organization will be reduced from $11,008.00 To $7,978.00. The remaining unpaid balance of $2,563.00 will be paid over 10 consecutive monthly payments of $256.30 beginning September 30, 2016 and concluding on June 30, 2017. In the interim, this organization will not be allowed to enter into any Facility Use Agreements until the balance is paid in full. 3. Real Men Wear Pink Kickball Tournament Fee Waiver Staff recommends Board approval to waive $510.00 in facility rental fees for the American Cancer Society's Making Strides Against Breast Cancer Real Men Wear Pink Adult Co -Ed Kickball Tournament, Oct. 1, 2016 from 8AM- 1PM at Lawnwood Stadium with 100% of the proceeds going to the ACS. 4. Authorize Reimbursement to the Sheriff's Office for the Cost of Providing Attendants to Escort Vendors Add -On Staff recommends that the Board authorize the transfer of $84,798.00 to the General fund for payment to the Sheriff's Office. 5 1 P a g e Regular Meeting Tuesday, September 20, 2016 9:00 AM L. PLANNING & DEVELOPMENT SERVICES 1. Ravinia Planned Unit Development Application Fee Staff recommends approval of the applicant's request. M. PUBLIC SAFETY There are no items scheduled. N. PUBLIC WORKS 1. Resolution - Johnston Road Speed Limit Reduction Staff recommends Board approval of attached resolution and authorization for the Chairman to sign documents as approved by the County Attorney. 2. Resolution - Indian River Drive Speed Limit Restore Staff recommends Board approval of attached resolution and authorization for the Chairman to sign documents as approved by the County Attorney. 3. Resolution - Verada Ditch Settlement Agreement Funds Staff recommends Board approval of the attached budget resolution and requests authorization for the Chairman to sign documents as approved by the County Attorney. 4. Resolution - Paradise Park System 4 - Phase 5 Stormwater Retrofit; Indian River Lagoon Council Staff recommends Board approval of Indian River Lagoon Council Cost -Share Agreement No. 01-1871 in the amount of $125,000.00 for the Paradise Park System 4 - Phase 5 Stormwater Retrofit Project and acceptance of the and for the Chairman to sign documents as approved by the County Attorney. O. SHERIFF'S OFFICE 1. Resolution - Authorization to Accept the 2016 Edward Byrne Memorial (JAG) Grant - Local Solicitation Staff recommends that the Board approve the budget resolution and authorize the acceptance of the 2016 Edward Byrne Memorial (JAG) Grant (2016-DJ-BX-0606) in the amount of $59,750.00. There are no items scheduled. Q. SUPERVISOR OF ELECTIONS There are no items scheduled. 6 1 P a g e Regular Meeting Tuesday, September 20, 2016 9:00 AM R. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. S. UTILITIES 1. Severn Trent Environmental Services, Inc. - Agreement Amendment Four Staff recommends Board approval of the fourth amendment to the Operation and Maintenance Agreement for Water, Wastewater and Reclaimed Water between Severn Trent Environmental Services, Inc. and St. Lucie County, Florida. 9. PUBLIC HEARINGS There are no items scheduled. 10. REGULAR AGENDA A. ADMINISTRATION 1. Citizen Oversight Committee Staff would appreciate a discussion with the Board to confirm the committee's initial charter and determine at least conceptually how the Board would like to see the Citizens Oversight Committee developed. You will find attached to this agenda item several examples from other Florida counties for your information, however, there are no limitations or requirements on how this may be structured. B. COUNTY ATTORNEY 1. Lease and Contract with Green3Power St. Lucie, LLC - Development of a Gasification Facility to Process Municipal Solid Waste for St. Lucie County Staff recommends (1) Board approval of the "Lease and Contract" between the County and Green3Power St. Lucie, LLC, and (2) Board authorization for the Chairman to sign the "Lease and Contract" on behalf of the County. 11. ANNOUNCEMENTS A. The Board of County Commissioners will hold a Final Budget Hearing on Thursday, September 22, 2016 at 6pm 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 Board meeting on October 4, 2016 at 6pm in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 7 1 P a g e Regular Meeting Tuesday, September 20, 2016 9:00 AM C. The St. Lucie County Master Gardeners will be holding their Fall Family Fest & Plant Sale with a scavenger hunt, games, crafts and fun on Saturday, October 8, 2016 from Sam - 2pm at 8400 Picos Rd., Fort Pierce, FL. Please call (772) 462-1660 for more information. D. The Board of County Commissioners will hold an Informal Meeting on October 11, 2016 at 9 am in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Ave, Fort Pierce, FL. E. "Listen to the Water" lecture & conversation series every Weds. from Sept. 21st to Oct. 26th. The Series is designed to increase understanding & awareness of our water issues, & begin a conversation on how we can take action & be part of the effort to protect & restore our waterways. Lectures are from 6:30-7:30pm followed by an interactive discussion. Dr. Grant Gilmore will begin on Sept. 21st, followed by Dr. Edie Widder w/ ORCA. For more details, visit www.stlucieco.org or call (772)785-5833. 12. MOTION TO ADJOURN 8 1 P a g e 4.A S■TkaL■(di 1 E COUNTY F L O R I D A BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting September 6, 2016 Convened: 6:00 PM Adjourned: 7:11 PM 1. CALL TO ORDER The meeting was called to order at 6:00 PM by District No. 5, Chairman Kim Johnson Attendee Name 0 itle Status Arrived Kim Johnson District No. 5, Chairman Present Present 6:00 PM 6:00 PM Chris Dzadovsky District No. 1, Vice -Chairman Tod Mowery District No. 2 Absent Paula A. Lewis District No. 3 Present 6:00 PM Frannie Hutchinson District No. 4 Present 6:00 PM Howard Tipton Administrator Present 16:00 PM Bob Adolphe Deputy County Administrator Present 6:00 PM Daniel S. McIntyre County Attorney Present 6:00 PM Heather Young Asst. County Attorney Present 6:00 PM Katherine Barbieri Asst. County Attorney Present 6:00 PM Edward Matthews Parks, Recreation & Facilities Director Present 6:00 PM Don West Public Works Director Present 6:00 PM Laurie Waldie Utility Director Present 6:00 PM John Wiatrak Airport Manager Present 6:00 PM Ron Parrish Public Safety Director Present 6:00 PM Ken J. Mascara Sheriff Present 6:00 PM Melissa Upton Clerk to the Board Present 6:00 PM 2. INVOCATION Generated 9191201610:58 AM Packet Pg. 9 4.A Regular Meeting Tuesday, September 6, 2016 6:00 PM 3. :i 5. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES A. Board of County Commissioners minutes for the meeting of Tuesday, August 16, 2016 RESULT: ACCEPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Paula A. Lewis, District No. 3 AYES: Kim Johnson, Chris Dzadovsky, Paula A. Lewis, Frannie Hutchinson ABSENT: Tod Mowery PROCLAMATIONS APPROVAL A. Proclamation - Recognizing the accomplishments and contributions of Ron Knaggs to St. Lucie County, Florida. Chairman Johnson spoke about Mr. Knaggs value to the community and introduced his wife, Shelley Knaggs to accept the proclamation. Mr. Knaggs' family thanked the Board for the acknowledgment of his efforts in the community. Dr. Michael Riordan spoke about his relationship with Mr. Knaggs through the North Beach Association and his dedication to the county. Rick Kaiser, the Executive Director of the Navy Seal Museum explained the importance of the work Mr. Knaggs did for the museum. Bob Lowe, the chairman of the Board of Adjustments expressed gratitude and prayers for the family from his board. Sheriff Ken Mascara spoke about Mr. Knaggs's volunteer work with the sheriff's office after he retired. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1, Vice -Chairman SECONDER: Frannie Hutchinson, District No. 4 AYES: Kim Johnson, Chris Dzadovsky, Paula A. Lewis, Frannie Hutchinson ABSENT: Tod Mowery B. Resolution - Adoption of a resolution proclaiming September 17-23, 2016 as "Constitution Week" in St. Lucie County, Florida. Karon Drew, Regent and Marsha Braun, Vice -Regent, from the Cora Stickney Harper Chapter National Society Daughters of the American Revolution accepted the proclamation. Ms. Drew thanked the Board for the proclamation. She invited the public to attend a ceremony celebrating the Constitution on Saturday September 17th at 9am at the farmer's market. She also spoke about the "Bells Across America" event at 4pm at the fountain across the street from the Fort Pierce Public Library on the same day. w z 5 U_ O J Q O o: a a Q 2 1 P a g e Packet Pg. 10 Regular Meeting Tuesday, September 6, 2016 6:00 PM 4.A RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1, Vice -Chairman SECONDER: Paula A. Lewis, District No. 3 AYES: Kim Johnson, Chris Dzadovsky, Paula A. Lewis, Frannie Hutchinson ABSENT: Tod Mowery C. Resolution - Proclaiming the month of September 2016 as "Hunger Action Month" in St. Lucie County, Florida. David Vaina, Senior Director of Marketing, Communications and Brand Strategy and Wendie Berardi, Director of External Relations, from the Treasure Coast Food Bank accepted the w proclamation. Mr. Vaina thanked the Board for the recognition and thanked county staff for their work on the PSA for the summer feeding program. He spoke about the issue of hunger on ? the Treasure Coast. Mr. Vaina also commended the efforts of volunteers from St. Lucie County, U_ who accounted for the majority of the agency's 43,000 volunteer hours last year. He invited 0 everyone to attend the 2nd annual "Pack the House" event on September 9th and 10th. He explained that approximately 500 volunteers will help sort and pack food during the 24-hour 0 event. a a Commissioner Dzadovsky asked how someone would be able to donate or volunteer with the Q organization. a Mr. Vaina answered that volunteers can sign up or donate on their website: stophunger.org. c RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Paula A. Lewis, District No. 3 AYES: Kim Johnson, Chris Dzadovsky, Paula A. Lewis, Frannie Hutchinson ABSENT: Tod Mowery D. Resolution - Adoption of a resolution proclaiming Monday, September 12, 2016 as "Florida Missing Children's Day" in St. Lucie County, Florida. Chairman Johnson stated that the proclamation will be mailed to John Pitta, President of the Florida Missing Children's Day Foundation. Commissioner Dzadovsky spoke about the success that Facebook has had in locating missing children and adults. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1, Vice -Chairman SECONDER: Paula A. Lewis, District No. 3 AYES: Kim Johnson, Chris Dzadovsky, Paula A. Lewis, Frannie Hutchinson ABSENT: Tod Mowery E. Resolution - Proclaiming the month of September, 2016 as "Suicide Awareness Month" and September 10, 2016 as "Suicide Awareness Day" in St. Lucie County, Florida. Art Ciasca, CEO and Brady Talley, Board of Directors from Suncoast Mental Health accepted the proclamation along with Cynthia Caruthers, Corporate Compliance Officer and Zero Suicide Initiative Coordinator and Kathryn Hensley, Board Member from New Horizons of the Treasure 3 1 P a g e Packet Pg. 11 Regular Meeting Tuesday, September 6, 2016 6:00 PM 4.A Coast accepted the proclamation. Ms. Hensley addressed the Board on the significance of the 320 suicides on the Treasure Coast each year. She stated the figures related to suicide in the state compared to national levels, including 13% of adolescent deaths being attributed to suicide. She thanked the Board for the recognition and expressed optimism at 100% prevention with proper intervention. Ms. Hensley explained the efforts to educate members of the school system on "mental health first aide" and the need for additional funding. Mr. Ciasca stated that the CDC released a new report indicating that suicide rates are increasing, with white middle-aged males and preteen females experiencing the greatest rate of increase. He also stated that the United States experienced 41,000 suicides in 2014, with 2,900 in the state of Florida and 46 in St. Lucie County. He shared additional statistics on suicide rates for adolescents and veterans. Mr. Ciasca spoke about World Suicide Prevention Day symposium at Tradition Town Hall on September 9th at 8:45am. He also invited the public to attend the "Out of Darkness" walk on September 10th at gam in Flagler Park. Ms. Caruthers stated that New Horizons will host a 2 hour presentation for everyone to attend on September 9th at gam at the botanical gardens. She asked everyone to participate in a moment of silence on September 10th at noon in recognition of those who have lost their lives or may be thinking of suicide. She also asked everyone to light a candle that night at 8pm to light up the Treasure Coast. Ms. Caruthers said there will be a presentation on September 16th at 10am at the Fort Pierce library and another presentation in Spanish on September 23rd at the St. Lucie Botanical Gardens. RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Paula A. Lewis, District No. 3 AYES: Kim Johnson, Chris Dzadovsky, Paula A. Lewis, Frannie Hutchinson ABSENT: Tod Mowery F. Resolution - Proclaiming the week of September 5, 2016 as "Master Gardener Week" in St. Lucie County, Florida. Mary Moore, the OF/IFAS St. Lucie County Master Gardener President accepted the proclamation along with volunteers from the organization. Ms. Moore thanked the Board for the proclamation and spoke about the S27 master gardeners who have been trained by the program since 1983. She explained the goals of the organization to inform and beautify the community through volunteering over 20,000 hours in 2015. Ms. Moore invited the community to attend the group's 1st annual "Fall Festival and Plant Sale" on October 8th from Sam to 2pm at the St. Lucie County OF/IFAS Extension. She also presented the new location board which demonstrates the location of the master gardeners throughout the county. RESULT: ADOPTED [UNANIMOUS] MOVER: Paula A. Lewis, District No. 3 SECONDER: Chris Dzadovsky, District No. 1, Vice -Chairman AYES: Kim Johnson, Chris Dzadovsky, Paula A. Lewis, Frannie Hutchinson ABSENT: Tod Mowery 6. PUBLIC COMMENT (excluding Public Hearing items) in w z M w 0 J 0 W a a a 4 1 Packet Pg. 12 Regular Meeting Tuesday, September 6, 2016 6:00 PM 4.A Barry Mucklow, Port St. Lucie Resident - Mr. Mucklow addressed the Board on the topic of regionalism and spoke about the dangers of a global economy. He stated that the county is plagued by plans and incentives to remain competitive. He compared other projects around the world to the All Aboard Florida or Brightline project. He spoke about "Florida Cornerstone 2030" as it was introduced by the Chamber of Commerce and presented information from the website for the project. Mr. Mucklow stated that government has never provided prosperity and should protect citizens' rights. Howard Fein, Port St. Lucie Resident - Mr. Fein congratulated Commissioner Dzadovsky on his success in the latest election. He expressed optimism about intermodal transportation projects in the county. He mentioned the resolution on the agenda for the airport master plan and recommended extending the airport to the west. 7. PRESENTATIONS There are no items scheduled. 8. CONSENT AGENDA RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1, Vice -Chairman SECONDER: Frannie Hutchinson, District No. 4 AYES: Kim Johnson, Chris Dzadovsky, Paula A. Lewis, Frannie Hutchinson ABSENT: Tod Mowery A. WARRANTS 1. Warrant Lists 45 through 47 B. ADMINISTRATION 1. Acceptance of Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) for the Maintenance and Repair Overhaul (MRO) Hangar Project 2. Award Bid #16-028 to Dickerson Florida, Inc. 3. Commissioner Frannie Hutchinson's Committee Appointment 4. Acceptance of Federal Aviation Administration (FAA) Grant Agreement (JPA) to Conduct the Airport Master Plan Study C���1�P► j i7e��] 7 i; I �'1 1. Permission to Advertise - Ordinance Clarifying Library Advisory Board Member Terms w z U_ 0 J Q 0 W a a Q 5 1 Packet Pg. 13 4.A Regular Meeting Tuesday, September 6, 2016 6:00 PM 2. USDA Service Center - Lease Agreement for 8400 Picos Road Office Space 3. Resolution - Accepting a Conservation Easement on behalf of St. Lucie County from RaceTrac Savanna Club #1136 4. Port Entrance Road - North 2nd Street - Amended and Restated Escrow Agreement - Plainsman Investments, LLC 5. Resolution - McCarty Road North Bridge 6. Resolution - Waste Pro Exclusive Residential Agreement - Fifth Amendment w 7. All Aboard Florida - Payment of Legal Defense Invoices through All Aboard Legal Defense Z Fund w O D. COMMUNITY SERVICES Q 1. State Aid to Libraries O o: a 2. Rosser Library -Opening Day Collection Processing Agreements a Q E. COURT ADMINISTRATION c 0 There are no items scheduled. io ►lvII:Ze7►I► 1:1Lik There are no items scheduled. G. HUMAN RESOURCES There are no items scheduled. 1►101Rf ITA110]►11",noILIto]>L91C17 There are no items scheduled. I. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. J. OFFICE OF MANAGEMENT & BUDGET 1. St. Lucie Sports Complex Funding Request K. PARKS, RECREATION & FACILITIES 1. Capital Improvements -Tradition Field (Sterling) 6 1 P a g e Packet Pg. 14 4.A Regular Meeting Tuesday, September 6, 2016 6:00 PM L. PLANNING & DEVELOPMENT SERVICES 1. Permission to Advertise - Text Amendment to the Land Development Code M. PUBLIC SAFETY 1. Everbridge Notification System N. PUBLIC WORKS 1. 3646 : Capron Trails New Mining Permit in w 2. Greater Friendship Missionary Baptist Church, Inc. — Final Acceptance D Z 3. Award of Bid No. 16-048 - Chip Seal & Asphalt Surfacing U- O 4. Award of Bid No. 16-046 - Purchase of Asphalt J 5. Award of Bid No. 16-047 - Roadside / Long Line Mowing O a Q 6. Resolution - Noa Municipal Services Benefit Unit a 7. Resolution # 2016-136 moved to Public Hearings c io 8. Resolution - Jenkins Park/Starcher Municipal Services Benefit Unit co o O. SHERIFF'S OFFICE There are no items scheduled. P. SOLID WASTE There are no items scheduled. Q. SUPERVISOR OF ELECTIONS There are no items scheduled. R. TRANSPORTATION PLANNING ORGANIZATION 1. Approval of Federal Metropolitan Planning (PL) Grant First Authorization for FY 16-17 2. Approval of Florida Commission for the Transportation Disadvantaged Planning Grant for FY 16/17 I•��l<lil�t�L�•� 1. CDM Smith WA #4 - South Hutchinson Island Annual Inspection, Engineer's Report and Permit Renewal 7 1 P a g e Packet Pg. 15 Regular Meeting Tuesday, September 6, 2016 6:00 PM 4.A 9. PUBLIC HEARINGS A. B COUNTY ATTORNEY 1. Solid Waste Final Assessment Resolution The Assistant County Attorney presented this item. She stated, pursuant to chapter 38 of the code of ordinances St. Lucie County Board of County Commissioners has the authority to impose an annual assessment for solid waste collection, disposal and administrative fees. Staff continued, that on July 26, 2016 the Board adopted Resolution 15-108, which was w the Solid Waste Initial Assessment Resolution. This resolution authorizes the Board to impose assessments for solid waste services for the fiscal year commencing October 1, z 2016 at a rate of $252.06 per dwelling and the collection to be on the 2016 tax bill. The U_ Assistant County Attorney indicated this resolution also established a public hearing to 0 be held on September 6, 2016 at 6:00 p.m. or as soon thereafter as may be heard. She reiterated that the rate will be $252.06 for a dwelling unit and has not changed from the 0 current rate being charged. The public hearing was noticed in the newspaper on July 21, a 2016. a RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1, Vice -Chairman SECONDER: Paula A. Lewis, District No. 3 AYES: Kim Johnson, Chris Dzadovsky, Paula A. Lewis, Frannie Hutchinson ABSENT: Tod Mowery 2. Ordinance - Weight Limits on Gordy Road Bridge over Ten Mile Creek The County Attorney presented this item. He stated this ordinance concerns weight limits on Gordy Road Bridge over Ten Mile Creek. In April of this year the State Department of Transportation contracted with a bridge inspector consultant to perform a load analysis on the bridge. Staff stated that the analysis showed that the bridge should be posted at both approaches at or below the following levels; single unit vehicles - 21 tons, combination vehicles 28 tons, ST5 Vehicles - 33 tons. Staff attached a draft ordinance which, if adopted, would incorporate the load limits into the appropriate section in the county code. The County Attorney note that FDOT requested that the county post the weight limits by June 9, and the county has complied. RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Chris Dzadovsky, District No. 1, Vice -Chairman AYES: Kim Johnson, Chris Dzadovsky, Paula A. Lewis, Frannie Hutchinson ABSENT: Tod Mowery 1. Resolution - Property Clean-up Special Assessment District 8 1 P a g E Packet Pg. 16 Regular Meeting Tuesday, September 6, 2016 6:00 PM 4.A The County MSBU Coordinator presented this item. She stated that article 2 of the county's code of ordinances addresses the nuisances that arise when property is allowed to deteriorate. Section 38-28 "lot cleanup" prohibits the accumulation of trash, junk, debris, living and nonliving plant material, stagnant water, excessive growth of grass, weeds, brush, windows, skylights, and doors that are not water tight, and the keeping of fill on property. Staff continued that the intent of this section is to prevent conditions on property that may result in property threatening or endangering public health and safety to county residents by: providing a habitat for rodents, vermin, reptiles and other wild animals; providing a breeding place for mosquitoes or flies; serving as a place for illegal activity; and impairing the economic value and enjoyment of nearby property owners. The County MSBU Coordinator indicated that if a property is found to be in violation and the owner fails to remedy the violation, section 38-28 sets forth the procedures necessary for the county to remedy the violations and levy non -ad valorem assessments in order to recover the costs incurred by the county. She stated that there are 25 properties on the 2016 property clean-up special assessment roll and assessment amounts range from $345.74 to $851.06. The actions taken by the county to remedy the violations include but are not limited to mowing, trimming bushes, shrubs and trees, and securing windows, skylights, doors and pools. Staff indicated that effected property owners were first notified their property was found in violation and given 15 days to file an appeal or 20 days to remedy the violation, or the county would remedy the violation and asses the property owners for the cost which may be collected as non -ad valorem assessments on the annual tax bill. After the county caused the violation to be remedied, property owners were notified that their property had been assessed for the cost incurred by the county for providing the remediation services and that it was the county's intent to record the assessment as a lien against their property if not made within 20 days. The County MSBU Coordinator stated that notice of the public hearing was published in the newspaper and mailed to effected property owners on August 15, 2016. PUBLIC HEARING: Howard Fein, Port St. Lucie Resident - Mr. Fein spoke about the ordinance and indicated that it seemed to be granting the government more authority. He stated that it would be a way to enact more fees on constituents and asked the Board to limit these regulations and consider the unstable economy in the county. Chairman Johnson commented that this item pertains to abandoned properties and that these properties were not being taken care of properly by their owners. He spoke about the dangers that these properties pose to residents. Mr. Fein added that he was concerned about the creation of a new special assessment district that will continue to grow. Commissioner Lewis asked to confirm that this would only pertain to properties that have become a hazard to neighbors. She added that the county uses general taxpayer dollars to clean up these abandoned properties. She has heard complaints from w z U_ O J O W a a a 9 1 P a g E Packet Pg. 17 Regular Meeting Tuesday, September 6, 2016 6:00 PM 4.A residents living near these properties and the hazards they pose. She clarified that these fees would only be levied upon those who have abandoned their properties. Chairman Johnson confirmed Commissioner Lewis's statements. Commissioner Dzadovsky stated that the Code Enforcement Department does a great job of protecting the community. He added that failing to maintain properties in the county will result in lower property values and increased crime. He also indicated that the Code Enforcement Board gives residents every opportunity to take action to fix any issues on their property. Chairman Johnson closed the public hearing at this time. Commissioner Hutchinson agreed with the comments from the Board and stated that this would be a way for the county to recoup funds lost to repairing the abandoned properties. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1, Vice -Chairman SECONDER: Frannie Hutchinson, District No. 4 AYES: Kim Johnson, Chris Dzadovsky, Paula A. Lewis, Frannie Hutchinson ABSENT: Tod Mowery 10. REGULAR AGENDA A. COUNTY ATTORNEY 1. Ordinance # 2016-15 moved to Public Hearings 2. South Florida Water Management District Environmental Resource Permit Modification No. 13-05321-P - All Aboard Florida The County Attorney presented this item for the South Florida Water Management District Environmental Resource Permit Modification. Staff indicated that on August 19 the South Florida Water Management District ("District") issued the permit to All Aboard Florida and Florida East Coast Railroad. That permit authorizes the construction of a stormwater management system to serve railway facilities located in Palm Beach, Martin and St. Lucie Counties as part of the proposed railway system that would connect Orlando and Miami with intermediate stops in Fort Lauderdale and West Palm Beach. The County Attorney indicated that during the permit review process St. Lucie County staff along with Martin County staff, special counsel, the environmental firm Passarella and Associates provided technical review comments. He continued that the review indicates that All Aboard has not demonstrated that water quantity, quality and ecological adverse impacts will not occur and not satisfied the public interest test, as required by Florida law and District rules. He indicated that county staff has tried to impact the decision and made correspondence with the District. Unfortunately, the District permit did not fully address these comments so that from a county staff and consultant perspective the District should not have issued the permit. Staff stated that Martin County has authorized the filing of a request for administrative review and agreed to pay half of the costs of a consolidated proceeding if St. Lucie w z U_ O J Q O W a a Q 10 1 P a g e Packet Pg. 18 4.A Regular Meeting Tuesday, September 6, 2016 6:00 PM County also initiates its own request. Staff attached a memorandum dated September 1st from Mr. Fernandez, who represents both counties in this issue, which outlines specific actions or objections to the District's issuance of the permit. The County Attorney stated that when contemplating litigation it is appropriate to look at a "best case/worst case" scenario. In this case, the best case scenario is that the hearing officer agrees with Martin and St. Lucie Counties' position and invalidates the permit. The worst case scenario is that the hearing officer agrees with the District and approves the issuance of the permit. He continued, St. Lucie County has focused its efforts at the Board level on making sure that any negative effects of the proposed project are eliminated or mitigated in two main areas; vehicular/pedestrian safety at w crossings and environmental impacts including impacts to water quality and endangered t- species. He stated that the Public Works Director As has been substantially successful in ? convincing the Federal Railroad Administration to require All Aboard Florida to make significant improvements at crossings. He referred to Mr. Fernandez's memorandum, 0 and indicated that there has not been success with communicating with the District. Staff stated that Mr. Fernandez recommends that the Board authorize the filing of a W request for administrative proceeding. a The County Attorney reviewed the total cost of the litigation, between $200,000 and a $250,000, including the cost of experts. If the Board decides to move forward, staff will a need to increase the existing expense fund by $100,000 from the general fund c emergency reserves. This will result in total contribution in that expense fund of to $600,000 and result in an available balance to be allocated toward litigation of o $275,000. Staff recommended that the Board authorize the filing of the request for administrative proceeding, as recommended by special counsel and also recommended approval of sharing costs with Martin County and increase of the All Aboard expense 4- fund. ° Commissioner Dzadovsky spoke in support of the measure to move forward to protect the quality of life for county residents. He spoke about the challenges to move forward with the effort and commended the work done by staff and counsel. Commissioner Dzadovsky made the motion for approval. Commissioner Lewis seconded the motion. She added that although she was concerned E to use reserve funds, she felt that it is more than justified by the possible impacts this lu project poses to the county. She spoke about previous efforts to mitigate the negative N impacts and suggested moving forward. Commissioner Hutchinson spoke in favor of the expenditure. She expressed confidence in addressing the necessary points and thanked staff and consultants for their work on safety concerns. She considered the county's costs to be conservative compared to neighboring counties. Chairman Johnson thanked county staff for their work. He stated that there is value to moving forward with utilizing the dollars for the health and safety of the county. 111 P a g Packet Pg. 19 Regular Meeting Tuesday, September 6, 2016 6:00 PM 4.A RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1, Vice -Chairman SECONDER: Paula A. Lewis, District No. 3 AYES: Kim Johnson, Chris Dzadovsky, Paula A. Lewis, Frannie Hutchinson ABSENT: Tod Mowery 11. ANNOUNCEMENTS A. The Board of County Commissioners will hold two Budget Hearings, on September 8th and 22nd respectively, as they consider and adopt the annual budget for FY2016/2017. Both LU hearings will begin at 6pm and will be held in the Commission Chambers of the Roger Poitras Z Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. U_ O B. The Board of County Commissioners will hold an Informal Meeting on September 13, 2016 at Q gam in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia o Avenue, Fort Pierce, FL. a a C. The Board of County Commissioners will hold a Regular Board meeting on September 20, 2016 Q at 9am in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 a Virginia Avenue, Fort Pierce, FL. c D. The St. Lucie County Master Gardeners will be holding their Fall Family Fest & Plant Sale with a scavenger hunt, games, crafts and fun on Saturday, October 8, 2016 from Sam - 2pm at 8400 Picos Rd., Fort Pierce, FL. Please call (772) 462-1660 for more information. 12. MOTION TO ADJOURN There being no further business to be brought before the Board, the meeting was adjourned. Please Note: Final minutes are recorded in the official minute books that are filed with the Clerk of the Circuit Court and available for inspection upon request. 12 1 Packet Pg. 20 5.A ITEM NO. RES-2016-151 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: Daniel S. McIntyre, County Attorney County Attorney DATE: 09/20/2016 *PROCLAMATIONS APPROVAL Resolution - Proclaiming September 28, 2016 as "Million Father March: Men Take Your Child to School Day" in St. Lucie County, Florida Deputy Chief Garry Wilson, St. Lucie County Sheriff's Office, has requested that this Board proclaim September 28, 2016 as "Million Father March: Men Take Your Child to School Day" in St. Lucie County, Florida. The attached resolution has been drafted for that purpose. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A COMMISSION ACTION: Coordination Signatures iaie . McIntyre, Co my ttorney 9/15/2016 Packet Pg. 21 5.A.a RESOLUTION A RESOLUTION PROCLAIMING SEPTEMBER 28, 2016 AS "MILLION FATHER MARCH: MEN TAKE YOUR CHILD TO SCHOOL DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Education has become a matter of national security. 2. Public schools are the backbone of our democracy, providing young people with the tools they need to maintain our nation's precious values of freedom, civility and equality. 3. By equipping young Americans with both practical skills and broader intellectual abilities, schools give them hope for, and access to, a productive future. 4. Parents are an integral part of the education process and a father is part of a good parent team and critical to a strong family structure. 5. With encouragement and unconditional love, fathers guide their children and help them envision brighter futures. They are teachers, coaches, friends and role models. 6. Fathers instill values like hard work and integrity and teach their kids to take responsibility for themselves and those around them. 7. Even in a time when technology allows us to connect instantlywith almost anyone on earth, there is still no substitute for a father's presence, care and support. 8. A father who actively participates in the educational and social -emotional developmental life of a child is invaluable and irreplaceable. 9. Fathers provide essential contributions to our lives, our society and our nation. 10. Research shows that children whose fathers take active roles in their educational lives earn better grades, score higher on tests, enjoy school more and are more than likely to graduate from high school and attend college. 11. Fathers, grandfathers, foster fathers, stepfathers, uncles, big brothers, significant male care givers, mentors and friends are all encouraged to participate in the Million Father March. 12. 700 cities and 1,100,000 men are expected to participate in the 2016 Million Father March. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim Wednesday, September 28, 2016 as "MILLION FATHER MARCH: MEN TAKE YOUR CHILD TO SCHOOL DAY" in St. Lucie County, Florida. 2. This Board calls upon all citizens to observe this day by taking time to recognize and acknowledge the importance of male influence on educational success. PASSED AND DULY ADOPTED this 20t" day of September 2016. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY r 0 N W W Packet Pg. 22 8.A.1 08/26/16 FZABWARR FUND TITLE 130222 136 138 140 140001 160 182 183 183004 183006 184001 185015 185016 189109 189110 190 310001 310006 316 316001 321 382 401 418 451 458 471 478 479 491 505 505001 505002 611 625 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #47- 20-AUG-2D16 TO 26-AUG-2016 FUND SUMMARY FCTD Trip & Equipment FY 16/17 Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Airport Fund Port Fund Plan Maintenance RAD Fund Environmental Land Acquisition Fund Ct Administrator-19th Judicial Cir Ct Admin.- Teen Court Guardian Ad Litem Fund Artificial Reef Program FHFC SHIP 2014-2015 FHFC SHIP 2015-2016 Horne Consortium 2013 Home Consortium 2014 Sports Complex Fund Impact Fees -Library Impact Fees -Transportation County Capital 5th Cent Fuel -Capital Capital Imp Rev Bonds 2015 Environmental Land Capital Fund Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Water & Sewer District Operations Water & Sewer District R&R Water & Sewer Dist. -Cap Facilities Building Code Fund Health Insurance Fund Risk Management Fund Health Insurance Administration Tourist Development Trust-Adv Fund Law Library Bank Fund GRAND TOTAL: EXPENSES 46,562.46 2,353.60 321.41 2,241.55 1,078.80 47.13 79.22 1,391.38 560.00 46.35 0.00 133.92 21,567.40 0.00 22,054.58 8,763.65 3, 130.62 816.28 156,341.00 68.00 92,263.44 283.08 64,857.41 9,001.33 612.47 0.00 895.29 0.00 0.00 210.35 1,174,779.86 28,150.38 0.00 8,147.30 23,281.83 20,429.10 3, 609, 218. 72 PAGE PAYROLL 0.00 0.00 0.00 11,500.87 3, 177.61 2,946.46 0.00 4, 989.78 3,275.73 0.00 1, 645.60 222.66 315.86 1,785.60 603.10 22,550.29 0.00 0.00 0.00 0.00 0.00 0.00 95,100.61 16, 967.40 6,035.32 1,194.29 8, 889.01 1,810.79 1,607.23 33, 943.96 0.00 3,258.59 3,135.65 4,121.02 0.00 0.00 1,196,371.16 Packet Pg. 23 8.A.1 09/02/16 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #48- 27-AUG-2016 TO 02-SEP-2016 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 137,237.83 0.00 001583 Continuum of Care Vets 242.00 0.00 001584 Continuum of Care Chronic 669.00 0.00 101 Transportation Trust Fund 709.49 0.00 101001 Transportation Trust Interlocals 9,840.00 0.00 101002 Transportation Trust/80% Constitut 38,520.37 0.00 101003 Transportation Trust/Local Option 9,177.35 0.00 101004 Transportation Trust/County Fuel Tx 3,186.65 0.00 102 Unincorporated Services Fund 7,658.68 0.00 102001 Drainage Maintenance MSTU 21,807.31 0.00 105203 State Aid to Libraries FY 2016 9,715.93 0.00 107 Fine & Forfeiture Fund 138,692.08 0.00 107001 Fine & Forfeiture Fund -Wireless Sur 8,370.86 0.00 107003 Fine & Forfeiture Fund-800 Mhz Oper 30,291.43 0.00 Z 107006 F&F Fund -Court Related Technology 3,586.08 0.00 Q III River Park I Fund 3,312.59 0.00 112 River Park II Fund 769.56 0.00 Q 120 The Grove Fund 228.94 0.00 122 Indian River Estates Fund 1,062.87 0.00 a) 126 Southern Oak Estates Lighting 160.21 0.00 130115 FTA 5309 VTCLI--11 EY14 652.86 0.00 139 Palm Grove Fund 990.00 0.00 N 140 Airport Fund 4,093.01 0.00 w 140375 FDOT- Construction Customs Facility 120,600.00 0.00 J r 160 Plan Maintenance RAD Fund 4,944.72 0.00 L 183 Ct Administrator-19th Judicial Cir 1,037.16 0.00 183004 Ct Admin.- Teen Court 450.00 0.00 184221 S SLC Beach Restoration & Monit 71,860.00 0.00 185017 FHFA SHIP 2016/2017 10,950.00 0.00 187 Boating Improvement Projects 8,553.35 0.00 M 189111 Home Consortium FY 2015 1,090.35 0.00 c 190 Sports Complex Fund 34,779.73 0.00 E 310001 Impact Fees -Library 14,980.65 0.00 E 316 County Capital 155,141.00 0.00 V 316001 5th Cent Fuel -Capital 12,034.40 0.00 318 County Capital -Transportation Bond 67,757.26 0.00 401 Sanitary Landfill Fund 216,858.88 0.00 418 Golf Course Fund 1,039.57 0.00 451 S. Hutchinson Utilities Fund 9,589.62 0.00 471 Water & Sewer District Operations 19,457.68 0.00 479 Water & Sewer Dist. -Cap Facilities 24,762.64 0.00 491 Building Code Fund 318.14 0.00 505 Health Insurance Fund 45,933.33 796.80 611 Tourist Development Trust-Adv Fund 8,000.00 0.00 650 Agency Fund 24,262.60 0.00 801 Bank Fund 33,075.34 0.00 GRAND TOTAL: 1,318,451.52 796.80 Packet Pg. 24 8.A.1 09/09/16 FZABWARR FUND TITLE 001 001461 001463 001512 001538 001550 001563 001574 001575 001576 001560 001583 001584 001826 101 101001 101002 101003 101004 102 102001 102300 107 107001 107002 107006 115 118 121 129 130 130115 130119 140 140001 140376 160 162 183 183004 184001 185016 189110 190 310001 310206 316001 320 ST. LUCIE COUNTY - BOARD WARRANT LIST #49-- 03-SEP-2016 TO 09-SEP-2016 FUND SUMMARY General Fund RCMP 2017 -002 FCTD Planning Grant FY16/17 Neighborhood Stabilization Program HUD Neighborhood Stab 3 HUD Shelter Plus Care HUD CDBG FY 2013 CSBG 2016 Metropolitan Planning / Sec 5305d Support Services for Veterans Section 112/MPO/FHWA Plan FY16/17 Continuum of Care Vets Continuum of Care Chronic SAFER St Lucie Disaster Education Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80%- Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU FDEP - Paradise Park 4 Phase 5 Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchax F&F Fund -Court Related Technology Sheraton Plaza Fund .Paradise Park Fund Blakely Subdivision Fund Parks MSTU Fund SLC Public Transit MSTU FTA 5309 VTCLI-II FY14 FTA 5307 FY13 Airport Fund Port Fund FDOT New Port Ent 2nd street Imp Plan Maintenance RAD Fund Tourism Dev-5th Cent Ct Administrator-19th Judicial Cir Ct Admin.- Teen Court Artificial Reef Program FHFC SHIP 2015-2016 Home Consortium 2014 Sports Complex Fund Impact Fees -Library Rosser Blvd Branch Library 5th Cent Fuel -Capital Jail Security Upgrade EXPENSES 586,466.65 0.00 0.00 0.00 1,337.63 0.00 6.86 0.00 0.00 0.00 170.99 0.00 0.00 0.00 304.09 0.00 2,824.45 53,255.00 10,802.17 3,721.64 41,010.40 0.00 923.01 0.00 0.00 0.00 594.26 827.73 83.06 7,784.40 13.72 132.69 654.09 0.00 226.89 11,175.00 5,184.01 6,666.66 2,659.30 1,575.00 0.00 0.00 8,780.90 2,275.60 6,933.76 51,300.00 22,654.18 99,440.30 PAGE PAYROLL 530,161.03 71.44 587.02 475.68 351.80 340.80 2,874.20 2,257.22 1, 684.07 1, 606.81 10,538.21 463.84 406.91 2,160.00 z 41, 144.92 1,381.60 Q 69,090.26 15, 668. 80 -- 17,594.53 v 59,786.29 ti 12,156.75 5,228.93 w 151,132.30 1,480.35 c 1,480.35 L 10,535.42 0.00 0.00 0 0.00 0.00 2 2,322.24 0 0.00 E 1,428.80 E 0 11,461.60 V 3,177.61 0.00 3,072.64 0.00 4, 989.78 3,275.73 1, 645. 60 502.35 452.53 23,843.67 0.00 0.00 0.00 0.00 Packet Pg. 25 8.A.1 09/09/16 FZABWARR FUND TITLE ST. LUCIE COUNTY - BOARD WARRANT LIST #49-- 03-SEP-2016 TO 09-SEP-2016 FUND SUMMARY 401 Sanitary Landfill Fund 418 Golf Course Fund 451 S. Hutchinson Utilities Fund 458 SH Util-Renewal & Replacement Fund 471 Water & Sewer District Operations 478 Water & Sewer District R&R 479 Water & Sewer Dist. -Cap Facilities 491 Building Code Fund 505 Health Insurance Fund 505001 Risk Management Fund 505002 Health Insurance Administration 611 Tourist Development Trust-Adv Fund 801 Bank Fund GRAND TOTAL: EXPENSES 75,638.90 2,863.55 55,495.99 0.00 191,675.18 0.00 5,560.50 1,171.00 6,982.10 28.50 0.00 1,465.00 17,841.35 1,288,506.51 PAGE 2 91, 094.91 17., 026.30 6,035.25 1,194.33 8,899.34 1, 811.60 1,607.82 33, 629.29 0.00 3, 258.38 3,105.86 4, 126.84 0.00 1, 168, 622 . 00 Packet Pg. 26 8.B.1 ITEM NO. (ID # 3773) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Erick Gill, Public Information Officer Media Relations Division Closed Captioning Contract DATE: 09/20/2016 *CONSENT AGENDA\ADMINISTRATION In June of 2010, the US Department of Justice notified St. Lucie County that an Americans with Disabilities Act (ADA) complaint was filed against SLCTV, the County's government access channel, due to the fact that programming was not being televised with closed captioned for the hearing impaired. Since 2013, St. Lucie County has contracted with CaptionLink to provide closed captioning of all its live meetings and original programs airing on SLCTV, the County's government access channel. PREVIOUS ACTION: In 2013, St. Lucie County Administrator approved a three (3)-year contract with Caption Link to provide the closed captioning service for all SLCTV programs, including live meetings, public service announcements and original programs. FINANCIAL IMPACT: Contact amount: $17,700 annually. There are sufficient funds budgeted in the FY17 Budget in Media Relation's account string #001-1225-534000-100 (Other Contractual Services). RECOMMENDATION: Staff recommends approval of the contract with Caption Link. COMMISSION ACTION: Packet Pg. 27 8.B.1 Coordination/Signatures t 4anieeY�.clntyre,enty ,rney 9/12/2016 MhW y burn,off i ae111 e Budget Director 9/9/2016 Updated: 9/19/2016 9:54 AM by Katrina Slay Page 2 Packet Pg. 28 8.B.1.a CaptionLink Service Agreement 1 of 5 09-02-2016 Service Agreement THIS SERVICE AGREEMENT dated this day of October 01, 2016 BETWEEN: St. Lucie County BOCC of 2300 Virginia Avenue, Fort Pierce FL 34982 (the "Customer") -AND- CaptionLink of 8161 Highway 1004201, Nashville TN 37221 (the "Service Provider") BACKGROUND: A. The Customer is of the opinion that the Service Provider has the necessary qualifications, experience and abilities to provide services in connection with the business of the Customer. B. The Service Provider is agreeable to providing such services to the Customer, on the terms and conditions as set out in this Agreement. IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the parties to this Agreement agree as follows: En¢a¢ement The Customer hereby agrees to engage the Service Provider to provide the Customer with services consisting of LIVE and OFF-LINE Closed Captioning, and such other services as the Customer and the Service Provider may agree upon from time to time (the "Services"), and the Service Provider hereby agrees to provide the Services to the Customer. Offline Caption Services — The Service Provider will provide a minimum of 1-hour support monthly with highly skilled transcriptionists, caption editors and proofreaders for quality assurance. Electronic file transfers will be implemented to expedite workflow, eliminate shipping expense and delivery delays. The Service Provider will deliver to the Customer closed captioned masters encoded at the Service Provider's post facility meeting standard broadcast caption regulations as described in OFFLINE service below. CaptionLink -Nashville, TN 37221-0012 - 615-673-7801 xt.101 - www.captionlink.com X Al. r m 00 c m E z tt r� r� a Packet Pg. 29 8.B.1.a CaptionLink Service Agreement 09-02-2016 2 of 5 LIVE Caption Services — The Service Provider will provide twelve (12) hours support monthly with highly skilled realtime caption writers with an accuracy rate of 98% meeting industry standards. In an effort to produce the highest -quality translation possible, support materials such as programs, speakers' names, speeches and agendas will be coordinated with ST. LUCIE COUNTY BOCC in advance of scheduled meeting times. Scheduled meeting times provided by the Customer are: 1) Board of County Community Meeting — 1st Tuesday of each month. Start time 6p-9p/EST. 4)D_Board of County Community Meeting — 31d Tuesday of each month. Start time 9a-12p/EST. 3) Code Enforcement Meeting — 1st Wednesday of each month. Start time 9a-12p/EST. 4) Planning and Zoning Meeting - 3,d Thursday of each month. Start time 6p-9p/EST. Term of Agreement The term of this Agreement will commence on October 1, 2016 and will remain in full force for 36 months, ending on September 30, 2019 The Customer's account must remain in good standing and not default in the performance of payments to the Service Provider during the contracted period for the Agreement between the Customer and Service Provider to remain in force. Performance Both parties agree to do everything necessary to ensure that the terms of this Agreement take effect. Compensation Under this Agreement the Customer will pay to the Service Provider compensation in the following manner. LIVE Caption Service — Twelve (12) hours monthly at a rate of $130 per hour based on actual time, pro -rated up or down and rounded to the nearest quarter hour. One -hour minimum requirement. Overage will be billed at a rate of $32.50 per quarter hour. Caption services to be billed per scheduled start and end times. Actual time billed at $130 per hour less 10% discount provided, based on captioner's disconnect time from Customer's audio lines per Customer's Engineer In Charge. Remaining scheduled time billed at one-half rate of $65.00 per hour. No penalties for reduced hours falling below twelve (12) hours per month. Cancellation Policy for Live Caption Services — Within 24 hours billed at 100% . Within 48 hours billed at 50% CaptionLink - Nashville, TN 37221-0012 - 615-673-7801 A101 - www.captionlink.com — Formatted: Bullets and Numbering x m ao r c m E z tt O r� r� a Packet Pg. 30 8.B.1.a CaptionLink Service Agreement 09-02-2016 Compensation (cont'd) 3 of 5 OFFLINE Caption MPEG File Service — Minimum one (1) hour monthly at a rate of $110. per half hour, 3.66 per minute, based on a video's actual run time. Promos and PSA's billed at a minimum of $38 each. MPEG files provided to Customer to include transcription, caption editing and MPEG 2 encoding services. MPEG 2 files with captions embedded to be provided to Customer. OFFLINE — Standard 48-72/ hr. turnaround. Next Day Service — 20% upcharge. Same Day Service — 35% upcharge. Annual Cost — OFFLINE MPEG2 Masters $ 2,640. LIVE Caption Service - $15,060. TOTALING up to - $17,700. Assignment This Agreement is a personal one, being entered into in reliance upon and in consideration of the personal skill and qualifications of the Service Provider. The Service Provider will not voluntarily or by operation of law assign or otherwise transfer the obligations incurred pursuant to the terms of this Agreement without the prior written consent of the Customer. Capacity/Independent Contractor It is expressly agreed that the Service Provider is acting as an independent contractor and not as an employee in providing the Services as outlined per the Agreement. The Service Provider and the Customer acknowledge that this Agreement does not create a partnership or joint venture. Insurance Commercial General Liability: The Service Provider shall maintain and, prior to commencement of this contract, provide the Customer with evidence of commercial general liability insurance to include: 1) premises/operations, products/completed operations, (including XCU hazards) and personal and advertising injury for limits of not less than $1,000,000 per occurrence; 2) medical payments for limits not less than $5,000 per person and 3) a general, per contract/project, aggregate limit of not less than $2,000,000. The policy shall also provide the Customer will be given a thirty (30) day written notice of cancellation or non -renewal. Workers Compensation: The parties acknowledge and agree the Service Provider is exempt from workers compensation coverage requirements under Tennessee law. The Service Provider shall provide the Customer with an affidavit regarding this exempt status. In the event the Service Provider is no longer exempt under Tennessee law changes, the Service Provider shall provide the Customer with evidence of compliance with Tennessee workers compensation coverage requirements. CaptionLink -Nashville, TN 37221-0012 - 615-673-7801 xt.101 - www.captionlink.com X m ao r c m z tt r� r� a Packet Pg. 31 8.B.1.a CaptionLink Service Agreement 09-02-2016 4 of 5 Modification of Agreement Any amendment or modification of this Agreement or additional obligation assumed by either party in connection with this Agreement will only be binding if evidenced in writing signed by each party or an authorized representative of each party. Entire Agreement It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressed in it. Severability In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement. Governing Law This Agreement shall be governed by and construed in accordance with the law of the State of Florida in thel9th Judicial Circuit Court. Currency Unless otherwise provided for, all monetary amounts referred to herein will be paid in US dollars. Termination of Agreement The Customer may terminate this Agreement at any time by giving the Service Provider a thirty (30) day written notice without cause. The Service Provider may terminate this Agreement at any time by giving the Customer a thirty (30) day written notice without cause. The obligations of the Service Provider under this Agreement will terminate upon the earlier of the Service Provider ceasing to be engaged by the Customer or the termination of this Agreement by the Customer or the Service Provider. Public Records: The Service Provider 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 Service Provider in conjunction with this Contract. Specifically, the Service Provider 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. CaptionLink - Nashville, TN 37221-0012 - 615-673-7801 xt.101 - www.captionlink.com X m ao r c m E z tt r� r� a Packet Pg. 32 8.B.1.a CaptionLink Service Agreement 09-02-2016 5 of 5 (d) Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the Service Provider upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology system of the County. IF THE SERVICE PROVIDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SERVICE PROVIDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (772)462-1441, BellamyS(&stludeco.org, COUNTY ATTORNEY'S OFFICE 2300 VIRGINIA AVENUE, FORT PIERCE, FL 34982 IN WITNESS WEREOF: the parties have duly executed this Service Agreement this () day of , 2016. ST. LUCIE COUNTY BOCC Per: Title: CaptionLink Per: Robin Ritter Title: President CaptionLink -Nashville, TN 37221-0012 - 615-673-7801 xt.101 - www.captionlink.com X Al. m r c m E z tt r� r� a Packet Pg. 33 8.C.1 ITEM NO. (ID # 3751) _ J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Heather Young, Asst. County Attorney County Attorney DATE: 09/20/2016 *CONSENT AGENDA\COUNTY ATTORNEY FY 2016-2017 St. Lucie County Health Department Contract Attached to this agenda item is the proposed FY 2016-2017 contract with the State of Florida Department of Health for operation of the St. Lucie County Health Department. Pursuant to the contract, the State will contribute an amount not to exceed $8,322,327.00 toward the local Health Department. The County's appropriated responsibility will be an amount not to exceed $917,647.00. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Sufficient funds have been included in the proposed FY2016-17 budget for this expenditure. RECOMMENDATION: Staff recommends the Board approve the proposed FY 2016-2017 contract with the State of Florida for the St. Lucie County Health Department, and authorize the Chairman to sign the contract. COMMISSION ACTION: Coordination/Signatures A 1m, S. McIntyre, C,�tty ttorney 9/2/2016 Packet Pg. 34 8.C.1.a CONTRACT BETWEEN St. Lucie COUNTY BOARD OF COUNTY COMMISSIONERS AND STATE OF FLORIDA DEPARTMENT OF HEALTH FOR OPERATION OF THE St. Lucie COUNTY HEALTH DEPARTMENT CONTRACT YEAR 2016-2017 This contract is made and entered into between the State of Florida, Department of Health ("State") and the St. Lucie County Board of County Commissioners ("County"), through their undersigned authorities, effective October 1, 2016. RECITALS A. Pursuant to. Chapter 154, Florida Statutes, the intent of the legislature is to "promote, protect, maintain, and improve the health and safety of all citizens and visitors of this state through a system of coordinated county health department services." B. County Health Departments were created throughout Florida to satisfy this N legislative intent through "promotion of the public's health, the control and eradication of } preventable diseases, and the provision of primary health care for special populations." LO C. St. Lucie County Health Department ("CHD") is one of the created County Health Departments. D. It is necessary for the parties hereto to enter into this contract in order to ensure coordination between the State and the County in the operation of the CHD. NOW THEREFORE, in consideration of the mutual promises set forth herein, the sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. RECITALS. The parties mutually agree that the forgoing recitals are true and correct and incorporated herein by reference. 2. TERM. The parties mutually agree that this contract shall be effective from October 1, 2016, through September 30, 2017, or until a written contract replacing this contract is entered into between the parties, whichever is later, unless this contract is otherwise terminated pursuant to the termination provisions set forth in paragraph 8. below. 3. SERVICES MAINTAINED BY THE CHD. The parties mutually agree that the CHD shall provide those services as set forth on Part III of Attachment II hereof, in order to maintain the following three levels of service pursuant to section 154.01(2), Florida Statutes, as defined below: a. "Environmental health services" are those services which are organized and operated to protect the health of the general public by monitoring and regulating activities in the environment which may contribute to the occurrence or transmission of disease. Packet Pg. 35 8.C.1.a Environmental health services shall be -supported by available federal, state and local funds and shall include those services mandated on a state or federal level. Examples of environmental health services include, but are not limited to, food hygiene, safe drinking water supply, sewage and solid waste disposal, swimming pools, group care facilities, migrant labor camps, toxic material control, radiological health, and occupational health. b. "Communicable disease control services" are those services which protect the health of the general public through the detection, control, and eradication of diseases which are transmitted primarily by human beings. Communicable disease services shall be supported by available federal, state, and local funds and shall include those services mandated on a state or federal level. Such services include, but are not limited to, epidemiology, sexually transmissible disease detection and control, HIV/AIDS, immunization, tuberculosis control and maintenance of vital statistics. c. "Primary care services" are acute care and preventive services that are made available to well and sick persons who are unable to obtain such services due to lack of income or other barriers beyond their control. These services are provided to benefit individuals, improve the collective health of the public, and prevent and control the spread of disease. Primary health care services are provided at home, in group settings, or in clinics. These services shall be supported by available federal, state, and local funds and shall include services mandated on a state or federal level. Examples of primary health care services include, but are not limited to: first contact acute care services; chronic disease detection and treatment; maternal and child health services; family planning; nutrition; school health; supplemental food assistance for women, infants, and children; home health; and dental services. 4. FUNDING. The parties further agree that funding for the CHD will be handled as follows: a. The funding to be provided by the parties and any other sources is set forth in Part II of Attachment II hereof. This funding will be used as shown in Part I of Attachment II. i. The State's appropriated responsibility (direct contribution excluding any state fees, Medicaid contributions or any other funds not listed on the Schedule C) as provided in Attachment II, Part II is an amount not to exceed $ 8,322,327.00 (State General Revenue, State Funds, Other State Funds and Federal Funds listed on the Schedule C). The State's obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. ii. The County's appropriated responsibility (direct contribution excluding any fees, other cash or local contributions) as provided in Attachment II, Part II is an amount not to exceed $917,647.00 (amount listed under the `Board. of County Commissioners Annual Appropriations section of the revenue attachment). b. Overall expenditures will not exceed available funding or budget authority, whichever is less, (either current year or from surplus trust funds) in any service category. Unless requested otherwise, any surplus at the end of the term of this contract in the County Health 2 Packet Pg. 36 8.C.1.a Department Trust Fund that is attributed to the CHD shall be carried forward to the next contract period. c. Either party may establish service fees as allowed by law to fund activities of the CHD. Where applicable, such fees shall be automatically adjusted to at least the Medicaid fee schedule. d. Either party may increase or decrease funding of this contract during the term hereof by notifying the other party in writing of the amount and purpose for the change in funding. If the State initiates the increase/decrease, the CHD will revise the Attachment II and send a copy of the revised pages to the County and the Department of Health, Office of Budget and Revenue Management. If the County initiates the increase/decrease, the County shall notify the C,HD. The CHD will then revise the Attachment II and send a copy of the revised pages to the Department of Health, Office of Budget and Revenue Management. e. The name and address of the official payee to whom payments shall be made is: County Health Department Trust Fund St. Lucie County 510 NW Milner Drive Port Saint Lucie, FL 34983 LO 5. CHD DIRECTOR/ADMINISTRATOR. Both parties agree the director/administrator of the CHD shall be a State employee or under contract with the State and will be under the day-to-day direction of the Deputy Secretary for County Health Systems. The director/administrator shall be selected by the State with the concurrence of the County. The 0 director/administrator of the CHD shall ensure that non -categorical sources of funding are used to fulfill public health priorities in the community and the Long Range Program Plan. A E report detailing the status of public health as measured by outcome measures and similar indicators will be sent by the CHD director/administrator to the parties no later than October 1 of each year (This is the standard quality assurance "County Health Profile" report located on the Division of Public Health Statistics and Performance Management Intranet site). 6. ADMINISTRATIVE POLICIES AND PROCEDURES. The parties hereto agree that the following standards should apply in the operation of the CHD: a. The CHD and its personnel shall follow all State policies and procedures, except to the LL extent permitted for the use of County purchasing procedures as set forth in subparagraph ii b., below. All CHD employees shall be State or State -contract personnel subject to State 7 personnel rules and procedures. Employees will report time in the Health Management. System compatible format by program component as specified by the State. E b. The CHD shall comply with all applicable provisions of federal and state laws and r regulations relating to its operation with the exception that the use of County purchasing a procedures shall be allowed when it will result in a better price or service and no statewide Department of Health purchasing contract has been implemented for those goods or services. In such cases, the CHD director/administrator must sign a justification therefore, and all County purchasing procedures must be followed in their entirety, and such 3 Packet Pg. 37 8.C.1.a compliance shall be documented. Such justification and compliance documentation shall be maintained by the CHD in accordance with the terms of this contract. State procedures must be followed for all leases on facilities not enumerated in Attachment IV. c. The CHD shall maintain books; records and documents in accordance with the Generally Accepted Accounting Principles (GAAP), as promulgated by the Governmental Accounting Standards Board (GASB), and the requirements of federal or state law. These records shall be maintained as required by the Department of Health Policies and Procedures for Records Management and shall be open for inspection at any time by the parties and the public, except for those records that are not otherwise subject to disclosure as provided by law which are subject to the confidentiality provisions of paragraph 6.i., below. Books, records and documents must be adequate to allow the CHD to comply with the following reporting requirements: The revenue and expenditure requirements in the Florida Accounting Information Resource (FLAIR) System; ii. The client registration and services reporting requirements of the minimum data set as specified in the most current version of the Client Information System/Health Management Component Pamphlet;, N. Financial procedures specified in the Department of Health's Accounting Ln Procedures Manuals, Accounting memoranda, and Comptroller's memoranda; iv. The CHD is responsible for assuring that all contracts with service providers include provisions that all subcontracted services be reported to the CHD in a manner consistent, with the client registration and service reporting requirements of the minimum data set as specified in the Client Information System/Health Management Component Pamphlet. . d. All funds for the CHD shall be deposited in the County Health Department Trust Fund maintained by the state treasurer. These funds shall be accounted for separately from funds deposited for other CHDs and shall be used only for public health purposes in St. Lucie County. e. That any surplus/deficit funds, including fees or accrued interest, remaining in the County Health Department Trust Fund account at the end of the contract year shall, be credited/debited to the State or County, as appropriate, based on the funds contributed by each and the expenditures incurred by each. Expenditures will be charged to the program accounts by State and County based on the ratio of planned expenditures in this contract and funding from all sources is credited to the program accounts by State and County. The equity share of any surplus/deficit funds accruing to the State and County is determined each month and at contract year-end. Surplus funds may be applied toward the funding requirements of each participating governmental entity in the following year. However, in each such case, all surplus funds, including fees and accrued interest, shall remain in the trust fund until accounted for in a manner which clearly illustrates the amount which has been 4 Packet Pg. 38 8.C.1.a credited to each participating governmental entity. The planned use of surplus funds shall be reflected in Attachment II, Part I of this contract, with special capital projects explained in Attachment V. f. There shall be no transfer of funds between the three levels of services without a contract amendment unless the CHD director/administrator determines that an emergency exists wherein a time delay would endanger the public's health and the Deputy Secretary for County Health Systems has approved the transfer. The Deputy Secretary for County Health Systems shall forward written evidence of this approval to the CHD within 30 days after an emergency transfer. g. The CHD may execute subcontracts for services necessary to enable the CHD to carry out the programs specified in this contract. Any such subcontract shall include all aforementioned audit and record keeping requirements. h. At the request of either party, an audit may be conducted by an independent CPA on the financial records of the CHD and the results made available to the parties within 180 days after the close of the CHD fiscal year. This audit will follow requirements contained in OMB Circular A-133 and may be in conjunction with audits performed by County government. If audit exceptions are found, then the director/administrator of the CHD will prepare a corrective action plan and a copy of that plan and monthly status reports will be furnished to the contract managers for the parties. i. The CHD shall not use or disclose any information concerning a recipient of services except as allowed by federal or state law or policy. j. The CHD shall retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this contract for a period of five (5) years after termination of this contract. If an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings. -k. The CHD shall maintain confidentiality of all data, files, and records that are confidential under the law or are otherwise exempted from disclosure as a public record under Florida law. The CHD shall implement procedures to ensure the protection and confidentiality of all such records and shall comply with sections 384.29, 381.004, 392.65 and 456.057, Florida Statutes, and all other state and federal laws regarding confidentiality. All confidentiality procedures implemented by the CHD shall be consistent with the Department of Health Information Security Policies, Protocols, and Procedures. The CHD shall further adhere to any amendments to the State's security requirements and shall comply with any applicable professional standards of practice with respect to client confidentiality. I. The CHD shall abide by all State policies and procedures, which by this reference are incorporated herein as standards to be followed by the CHD, except as otherwise permitted for some purchases using County procedures pursuant to paragraph 6.b. 5 Packet Pg. 39 8.C.1.a m. The CHD shall establish a system through which applicants for services and current clients may present grievances over denial, modification or termination of services. The CHD will advise applicants of the right to appeal a denial or exclusion from services, of failure to take account of a client's choice of service, and of his/her right to a fair hearing to the final governing authority of the agency. Specific references to existing laws, rules or program manuals are included in Attachment I of this contract. n. The CHD shall comply with the provisions contained in the Civil Rights Certificate, hereby incorporated into this contract as Attachment III. o. The CHD shall submit quarterly reports to the County that shall include at least the following: i. The DE3851_1 Contract Management Variance Report and the DE580L1 Analysis of Fund Equities Report; ii. A written explanation to the County of service variances reflected in the N year end DE3851_1 report if the variance exceeds or falls below 25 percent of the planned expenditure amount for the contract year. However, if the N amount of the service specific variance between actual and planned LL expenditures does not exceed three percent of the total planned expenditures for the level of service in which the type of service is included, a variance explanation is not required. A copy of the written explanation shall be sent to the Department of Health, Office of Budget and Revenue Management. p. The dates for the submission of quarterly reports to the County shall be as follows unless the generation and distribution of reports -is delayed due to circumstances beyond the CHD's control: March 1, 2017 for the report period October 1, 2016 through December 31, 2016; ii. June 1, 2017 for the report period October 1, 2016 through March 31, 2017; iii. September 1, 2017 for the report period October 1, 2016 through June 30, 2017; and iv. December 1, 2017 for the report period October 1, 2016 through September 30, 2017. 7. FACILITIES AND EQUIPMENT. The parties mutually agree that: a. CHD facilities shall be provided as specified in Attachment IV to this contract and the County shall own the facilities used by the CHD unless otherwise provided in Attachment IV. 6 Packet Pg. 40 8.C.1.a b. The County shall ensure adequate fire and casualty insurance coverage for County - owned CHD offices and buildings and for all furnishings and equipment in CHD offices through either a self-insurance program or insurance purchased by the County. c. All vehicles will be transferred to the ownership of the County and registered as County vehicles. The County shall ensure insurance coverage for these vehicles is available through either a self-insurance program or insurance purchased by the County. All vehicles will be used solely for CHD operations. Vehicles purchased through the County Health Department Trust Fund shall be sold at fair market value when they are no longer needed by the CHD and the proceeds returned to the County Health Department Trust Fund. 8. TERMINATION. a. Termination at Will. This contract may be terminated by either party without_ cause upon no less than one -hundred eighty (180) calendar days notice'in writing to the other party unless a lesser time is mutually agreed upon in writing by both parties. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. b. Termination Because of Lack of Funds. In the event funds to finance this contract } become unavailable, either party may terminate this contract upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract, manager with proof of delivery. c. Termination for Breach. This contract may be terminated by one party, upon no less than thirty (30) days notice, because of the other party's failure to perform an obligation hereunder. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. Waiver of breach of any provisions of this contract shall not be deemed to be a waiver of any other. breach and shall not be construed to be a modification of the terms of this contract. 9. MISCELLANEOUS. The parties further agree: a. Availability of Funds. If this contract, any renewal hereof, or any term, performance or payment hereunder, extends beyond the fiscal year beginning July 1, 2017, it is agreed that the performance and payment under this contract are contingent upon an annual appropriation by the Legislature, in accordance with section 287.0582, Florida Statutes. b. Contract Managers. The name and address of the contract managers for the parties under this contract are as follows: For the State: For the County: Traci Fox Beth Ryder Name Name Finance and Accounting Director III Community Services Director Title Title U o6 r C d E s R r a 7 Packet Pg. 41 8.C.1.a St. Lucie County Health Department 5150 NW Milner Drive Port St. Lucie, FL 34983 Address 772-873-4885 Telephone St. Lucie County 437 7T" Street Ft. Pierce, FL 34952 Address 772-462-1772 Telephone If different contract managers are designated after execution of this contract, the name, address and telephone number of the new representative shall be furnished in writing to the other parties and attached to originals of this contract. c. Captions. The captions and headings contained in this contract are for the convenience of the parties only and do not in any way modify, amplify, or give additional notice of the provisions hereof. In WITNESS THEREOF, the, parties hereto have caused this '8 page contract, with its attachments as referenced, including Attachment I (two pages), Attachment II (six pages), Attachment III (one pages), Attachment IV (one pages), and Attachment V (one pages), to be executed by their undersigned officials as duly authorized effective the 1st day of October, 2016. LO I- M BOARD OF COUNTY COMMISSIONERS STATE OF FLORIDA FOR St. Lucie COUNTY DEPARTMENT OF HEALTH SIGNED BY: SIGNED BY: NAME: TITLE: CHAIR DATE: ATTESTED TO: SIGNED BY: NAME: TITLE: Clerk of the Court DATE: NAME: Celeste Philip, MD, MPH TITLE: Surgeon General and Secretary DATE: SIGNED BY: NAME: E TITLE: CHD Director/Administrator r r a DATE: M Packet Pg. 42 8.C.1.a ATTACHMENT ST. LUCIE COUNTY HEALTH DEPARTMENT PROGRAM SPECIFIC REPORTING REQUIREMENTS AND PROGRAMS REQUIRING COMPLIANCE WITH THE PROVISIONS OF SPECIFIC MANUALS Some health services must comply with specific program and reporting requirements in addition to the Personal Health Coding Pamphlet (DHP 50-20), Environmental Health Coding Pamphlet (DHP 50-21) and FLAIR requirements because of federal or state law, regulation or rule. If a county health department is funded to provide one of these services, it must comply with the special reporting requirements for that service. The services and the reporting requirements are listed below: Service Requirement 1. . Sexually Transmitted Disease Requirements as specified in F.A.C. 64D-3, F.S. 381 and F.S. Program 384. 2. Dental Health Periodic financial and programmatic reports as specified by the program office. 3. Special Supplemental Nutrition Service documentation and monthly financial reports as specified Program for Women, Infants and in DHM 150-24" and all federal, state and county requirements Children (including the WIC detailed in program manuals and published procedures. Breastfeeding Peer Counseling Program) 4. Healthy Start/ Improved Pregnancy Requirements as specified in the 2007 Healthy Start Standards Outcome and Guidelines and as specified by the Healthy Start Coalitions in contract with each county health department. 5. Family Planning Requirements as specified in Public Law 91-572, 42 U.S.C. 300, et seq., 42 CFR part 59, subpart A, 45 CFR parts 74 & 92, 2 CFR 215 (OMB Circular A-110) OMB Circular A-102, F.S. 381.0051, F.A.C. 64F-7, F.A.C. 64F-16, and F.A.C. 64F-19. Requirements and Guidance as specified in the Program Requirements for Title X Funded Family Planning Projects (Title X Requirements)(2014) and the Providing Quality Family Planning Services (QFP): Recommendations of CDC and the U.S. Office of Population Affairs published on the Office of Population Affairs website. Programmatic annual reports as specified by the program office as specified in the annual programmatic Scope of Work for Family Planning and Maternal Child Health Services, including the Family Planning Annual Report (FPAR), and other minimum guidelines as specified by the Policy Web Technical Assistance Guidelines. 6. Immunization Periodic reports as specified by the department pertaining to immunization levels in kindergarten and/or seventh grade pursuant to instructions contained in the Immunization Guidelines - Florida Schools, Childcare Facilities and Family Daycare Homes (DH Form 150-615) and Rule 64D-3.046, F.A.C. In addition, periodic reports as specified by the department pertaining to the surveillance/investigation of reportable vaccine -preventable diseases, adverse events, vaccine accountability, and assessment of immunization ATTACHMENT I (Continued) T LO r Atta Packet Pg. 43 8.C.1.a Q levels as documented in Florida SHOTS and supported by CHD Guidebook policies and technical assistance guidance. Environmental Health Requirements as specified in Environmental Health Programs Manual 150-4" and DHP 50-21" HIV/AIDS Program Requirements as specified in F.S. 384.25 and F.A.C. 64D-3.030 and 64D-3.031. Case reporting should be on Adult HIV/AIDS Confidential Case Report CDC Form DH2139 and Pediatric HIV/AIDS Confidential Case Report CDC Form DH2140. School Health Services 10. Tuberculosis 11. General Communicable Disease Control 12. Refugee Health Program Requirements as specified in F.A.C. 64D-2 and 64D-3, F.S. 381 and F.S. 384. Socio-demographic and risk data on persons tested for HIV in CHD clinics should be reported on Lab Request DH Form 1628 in accordance with the Forms Instruction Guide. Requirements for the HIV/AIDS Patient Care programs are found in the Patient Care Contract Administrative Guidelines. Requirements as specified in the Florida School Health Administrative Guidelines (May 2012). Requirements as specified in F.S. 381.0056, F.S. 381.0057, F.S. 402.3026 and F.A.C. 64F-6. Tuberculosis Program Requirements. as specified in F.A.C. 64D-3 and F.S. 392. Carry out surveillance for reportable communicable and other acute diseases, detect outbreaks, respond to individual cases of reportable diseases, investigate outbreaks, and carry out communication and quality assurance functions, as specified in F.A.C. 64D-3, F.S. 381, F.S. 384 and the CHD Epidemiology Guide to Surveillance and Investigations. Programmatic and financial requirements as specified by the program office. *or the subsequent replacement if adopted during the contract period. r LO r` M r a Atta Packet Pg. 44 8.C.1.a ATTACHMENT II ST. LUCIE COUNTY HEALTH DEPARTMENT PART I. PLANNED USE OF COUNTY HEALTH DEPARTMENT TRUST FUND BALANCES Estimated State Estimated County Share of CHD Trust Share of CHD Trust Fund Balance Fund Balance Total 1. CHD Trust Fund Ending Balance 09/30/16 0 1055463 1055463 2. Drawdown for Contract Year October 1, 2016 to September 30, 2017 0-225139 225139 3. Special Capital Project use for Contract Year October 1, 2016 to September 30, 2017 0 0 0 4. Balance Reserved for Contingency Fund October 1, 2016 to September 30, 2017 0 830324 830324 Special Capital Projects are new construction or renovation projects and new furniture or equipment associated with these projects, and mobile health vans. Attachment_II_ Packet Pg. 45 1, GENERAL REVENUE - STATE 015040 AIDS PATIENT CARE 195,000 0 195,000 0 195,OC v 015040 AIDS PREVENTION & SURVEILLANCE - GENERAL REVENUE 89,214 0 89,214 0 89,21 r 015040 CHD - TB COMMUNITY PROGRAM 134,595 0 134,595 0 134,5S O O 015040 SEXUALLY TRANSMITTED DISEASE CONTROL PROGRAM GR 49,541 0 49,541 0 49,54 015040 DENTAL SPECIAL INITIATIVE PROJECTS 5,806 0 5,806 0 5,80 015040 FAMILY PLANNING GENERAL REVENUE 48,676 0 48,676 0 48,67 015040 PRIMARY CARE PROGRAM 309,562 0 309,562 0 309,56 Q. N 015040 SCHOOL HEALTH SERVICES - GENERAL REVENUE 220,514 0 220,514 0 220,51 0 015040 DOH RESPONSE TO TERRORISM 71,361 0 71,361 0 71,36 r 015050 CHD GENERAL REVENUE NON -CATEGORICAL 1,358,084 0 1,358,084 0 1,358,08 2 GENERAL REVENUE TOTAL 2,482,353 0 2,482,353 0 2,482,35 r O N 2. NON GENERAL REVENUE • STATE co 015010 STATE UNDERGROUND PETROLEUM RESPONSE ACT 4,346 0 4,346 0 r 4,34 N 015010 • ENVIRONMENTAL BIOMEDICAL WASTE PROGRAM 9,840 0 9,840 0 9,84 >- 015010 TOBACCO STATE AND COMMUNITY INTERVENTIONS 156,002 0 156,002 0 156,00 015010 TOBACCO NON PILOT EXPENDITURES 23,000 0 23,000 0 r 23,00 ti NON GENERAL REVENUE TOTAL 193,188 0 193,188 '0 193,18 Ca ca 3. FEDERAL FUNDS - STATE r c 007000 AIDS DRUG ASSISTANCE PROGRAM ADMIN HQ 93,041 0 93,041 0 93,04 0 007000 AFRICAN AMERICAN HIV TESTING INITIATIVE/CLINICAL 198,543 0 198,543 0 198,54 007000 AFRICAN AMERICAN HIV TESTING INITIATIVE/NONCLINC 63,000 0 63,000 0 63,00 E 007000 BIOTERRORISM HOSPITAL PREPAREDNESS 8,705 0 8,705 0 8,70 R 007000 WIC BREASTFEEDING PEER COUNSELING PROG 52,662 0 52,662 0 52,66 y 007.000 COASTAL BEACH WATER QUALITY MONITORING 9,500 0 9,500 0 9,50 007000 COMPREHENSIVE COMMUNITY CARDIO - PHBG 35,000 0 35,000 0 35,00 007000 FAMILY PLANNING TITLE X - GRANT 85,687 0 85,687 0 85,68 = 007000 HPP HEALTH CARE SYSTEM PREPAREDNESS 128,246 0 128,246 0 128,24 ti r 007000 HPP VOLUNTEER MANAGEMENT 40,778 0 40,778 0 40,77 t0 007000 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS 385,000 0 385,000 0 r 385,00 N 007000 IMMUNIZATION ACTION PLAN 17,922 0 17,922 0 17,92 >- 007000 MCH SPECIAL PRJCT UNPLANNED PREGNANCY 27,058 0 27,058 0 27,05 007000 MCH SPECIAL PROJECTS DENTAL 2,538 0 2,538 0 2,53 007000 BASE COMMUNITY PREPAREDNESS CAPABILITY 216,584 0 216,584 0 216,58 007000 BASE PUB HLTH SURVEILLANCE & EPI INVESTIGATION 66,577 0 66,577 0 66,57 d 007000 HPP AND PHEP COOP AGRMT PHEP EBOLA SUPPLEMENT #2 1,644 0 1,644 0 1,64 E t 007000 PHP PUBLIC HEALTH PREPAREDNESS BASE ALLOC 19,880 0 19,880 0 19,88 v «s 007000 AIDS PREVENTION 393,622 0 393,622 0 r 393,62 Q 007000 RYAN WHITE TITLE II CARE GRANT 55,593 0 55,593 0 55,59 007000 RYAN WHITE TITLE H GRANT/CHD CONSORTIUM 2,096,699 0 2,096,699 0 2,096,69 007000 RYAN WHITE - EMERGING COMMUNITIES 179,992 0 179,992 0 179,99 007000 IMPROVING STD PROGRAMS 81,940 0 81,940 0 81,94 007000 FLORIDA STD SURVEILLANCE NETWORK PART A 1,181 0 1,181 0 1,18 007000 WIC PROGRAM ADMINISTRATION 1,307,287 0 1,307,287 0 1,307,28. 015075 INSPECTIONS OF SUMMER FEEDING PROGRAM - DOE 4,035 0 4,035 0 4,035 AttaF Packet Pg. 46 015075 SUPPLEMENTAL SCHOOL HEALTH 015075 REFUGEE HEALTH SCREENING REIMBURSEMENT FEDERAL FUNDS TOTAL 4. FEES ASSESSED BY STATE OR FEDERAL RULES - STATE 001020 CHD STATEWIDE ENVIRONMENTAL FEES 001092 CHD STATEWIDE ENVIRONMENTAL FEES 001206 ON SITE SEWAGE DISPOSAL PERMIT FEES 001206 SANITATION CERTIFICATES (FOOD INSPECTION) 001206 SEPTIC TANK RESEARCH SURCHARGE 001206 PUBLIC SWIMMING POOL PERMIT FEES-10% HQ TRANSFER 001206 DRINKING WATER PROGRAM OPERATIONS 001206 REGULATION OF BODY PIERCING SALONS 001206 TANNING FACILITIES 001206 ONSITE SEWAGE TRAINING CENTER 001206 TATTO PROGRAM ENVIRONMENTAL HEALTH 001206 MOBILE HOME & RV PARK FEES FEES ASSESSED BY STATE OR FEDERAL RULES TOTAL 5. OTHER CASH CONTRIBUTIONS - STATE: 090001 DRAW DOWN FROM PUBLIC HEALTH UNIT OTHER CASH CONTRIBUTION TOTAL 6. MEDICAID - STATE/COUNTY 001057 CHD CLINIC FEES 001057 PROJECT AIDS CARE CASE MANAGEMENT 001148 CHD CLINIC FEES MEDICAID TOTAL 7. ALLOCABLE REVENUE - STATE: ALLOCABLE REVENUE TOTAL 8. OTHER STATE CONTRIBUTIONS NOT IN CHD TRUST FUND STATE ADAP PHARMACY DRUG PROGRAM WIC PROGRAM BUREAU OF PUBLIC HEALTH LABORATORIES IMMUNIZATIONS OTHER STATE CONTRIBUTIONS TOTAL 9. DIRECT LOCAL CONTRIBUTIONS - BCC/TAX DISTRICT 008005 CHD LOCAL REVENUE & EXPENDITURES DIRECT COUNTY CONTRIBUTIONS TOTAL 10. FEES AUTHORIZED BY COUNTY ORDINANCE OR RESOLUTION - COUNTY 001077 CHD CLINIC FEES 32,383 0 32,383 0 8,800 0 8,800 0 5,613,897 0 5,613,897 0 156,581 0 156,581 0 123,908 0 123,908 0 13,102 0 13,102 0 2,049 0 2,049 0 458 0 458 0 7,171 0 7,171 0 2,256 0 2,256 0 75 0 75 0 240 0 240 0 1,370 0 1,370 0 931 0 931 0 1,145 0 1,145 0 309,286 0 309,286 0 0 0 0 0 0 0 0 0 0 0 0 0 0 184,243 184,243 0 0 350,994 360,994 0 0 1,252,630 1,252,630 0 0 1,787,867 1,787,867 0 0 0 0 0 0 0 0 0 0 0 0 659,174 0 0 0 17,971 0 0 0 3,964,822 0 0 0 45,082 0 0 0 1,524,372 0 0 0 6,211,421 0 917,647 917,647 0 917,647 917,647 0 134,380 134,380 0 0 0 134,380 Atta Packet Pg. 47 001077 GENERAL CLINIC RABIES SERVICES & DRUG PURCHASES 001094 CHD LOCAL ENVIRONMENTAL FEES 001110 VITAL STATISTICS CERTIFIED RECORDS FEES AUTHORIZED BY COUNTY TOTAL 11. OTHER CASH AND LOCAL CONTRIBUTIONS . COUNTY 001029 CHD CLINIC FEES 001090 CHD CLINIC FEES 005000 CHD LOCAL REVENUE & EXPENDITURES 007010 RYAN WHITE TITLE IV/PART D - TO CHD 007010 RYAN WHITE TITLE IV/PART D - TO CHD 011000 CHD LOCAL REVENUE & EXPENDITURES 011000 SCHOOL HEALTH CLINICS FUNDED BY SCHOOL BOARD 011001 CHD HEALTHY START COALITION CONTRACT 012020 CHD LOCAL ENVIRONMENTAL FEES 090002 DRAW DOWN FROM PUBLIC HEALTH UNIT OTHER CASH AND LOCAL CONTRIBUTIONS TOTAL 12. ALLOCABLE REVENUE - COUNTY COUNTY ALLOCABLE REVENUE TOTAL 13. BUILDINGS - COUNTY ANNUAL RENTAL EQUIVALENT VALUE OTHER (Specify) UTILITIES BUILDING MAINTENANCE GROUNDS MAINTENANCE INSURANCE OTHER (Specify) OTHER (Specify) BUILDINGS TOTAL 14. OTHER COUNTY CONTRIBUTIONS NOT IN CHD TRUST FUND - COUNTY EQUIPMENT / VEHICLE PURCHASES VEHICLE INSURANCE VEHICLE MAINTENANCE OTHER COUNTY CONTRIBUTION (SPECIFY) OTHER COUNTY CONTRIBUTION (SPECIFY) OTHER COUNTY CONTRIBUTIONS TOTAL GRAND TOTAL CHD PROGRAM 0 1,375 1,375 0 0 164,857 164,857 0 0 251,400 251,400 0 0 552,012 552,012 0 0 68,016 68,016 0 68,01 1- 0 7,396 7,396 0 7,39 0 4,255 4,255 0 4,25 0 11,504 11,504 0 11,50 0 51,516 57,516 0 57,51 0 111,531 111,531 0 111,53 0 106,000 106,000 0 106,00 c 0 541,753 541,753 0 541,75 0 8,249 8,249 0 e 8,24 c c 0 225,139 225,139 0 225,13 ) L 0 1,141,359 1,141,359 0 1,141,35 e u r c 0 0 0 0 0 0 0 0 I a I 0 0 0 720,000 720,00 j 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 a i 0 0 0 0 0 0 0 0 0 0 0 720,000 720,00 c C L 0 0 0 0 0 0 0 0 e 0 0 0 0 a 0 0 0 0 j 0 0 0 0 0 0 0 0 I e 8,598,724 4,398,885 12,997,609 6,931,421 19,929,02 Atta Packet Pg. 48 A. COMMUNICABLE DISEASE CONTROL: IMMUNIZATION (101) 3.04 1,805 2,488 54,728 63,833 54,728 63,832 17,922 219,199 237,121 SEXUALLY TRANS. DIS. (102) 7.69 1.847 2,785 106,967 124,764 106,967 124,765 132,662 330,801 463,463 0 L HIV/AIDS PREVENTION (03A1) 6.96 3,182 4,299 148,247 172,912 148,247 172,912 638.557 3,761 642,318 O HIV/AIDS SURVEILLANCE (03A2) 1.11 49 88 19,394 22,621 19,394 22,620 72,883 11,146 84,029 U HIV/AIDS PATIENT CARE (03A3) 40.52 1,693 23,545 842,107 982,215 842,107 982,216 3,174,982 473,663 3,648,645 O ADAP (03A4) 1.87 129 833 27,230 31,761 27,230 31,761 117,982 0 117,982 E TUBERCULOSIS (104) 2.88 284 1,262 49,571 57,819 49,571 57,820 152,846 61,935 214,781 0- COMM. DIS. SURV. (106) 2.76 0 7,019 48,268 56,298 48,268 56,298 38,203 170,929 209,132 t HEPATITIS (109) 0.01 20 22 131 153 131 153 0 568 568 O PREPAREDNESS AND RESPONSE (116) 5.76 0 3,168 117,201 136,701 117,201 136,700 507,803 0 507,803 2 REFUGEE HEALTH (118) 0.28 44 104 4,184 4,880 4,184 4,879 8,800 9,327 18,127 C VITAL RECORDS (180) 1.95 8,705 18,148 26,831 31,296 26,831 31,296 0 116,254 116,254 04 COMMUNICABLE DISEASE SUBTOTAL 74.83 17,758 63,761 1,444,859 1,685,253 1,444,859 1,685,252 4,862,640 1,397;583 6,260,223 r N B. PRIMARY CARE: LL CHRONIC DISEASE PREVENTION PRO (210). 0.95 227 317 18,937 22,088 18,937 22,088 33,785 48,265 82,050 r WIC (21W1) 24.18 13,197 110,837 360,789 420,816 360,789 420,817 1,562,085 1,126 1,563,211 ti M TOBACCO USE INTERVENTION (212) 2.25 0 88 40,623 47,381 40,623 47,381 176,008 0 176,008 .. r c.i WIC BREASTFEEDING PEER COUNSELING (21W2) 2.42 0 5,481 17,833 20,799 17,833 20,799 77,264 0 77,264 R FAMILY PLANNING (223) 4.98 1,267 2,124 77,979 90,953 77,979 90,954 156,243 181.622 337,865 O IMPROVED PREGNANCY OUTCOME (225) 0.00 0 0 0 0 0 0 0 0 0 V C HEALTHY START PRENATAL (227) 3.98 1,346 5,422 64,123 74,792 64,123 74,793 0 277,831 277,831 d E COMPREHENSIVE CHILD HEALTH (229) 7.89 935 2,156 119,699 139,614 119,699 139,615 394,053 124,574 518,527 i HEALTHY START CHILD (231) 3.84 1,212 4,527 53,459 62,353 53,459 62,353 231,624 0 231,624 d SCHOOL HEALTH (234) 14.56 0 646,320 208,902 243,659 208,902 243,658 395,665 509,456 905,121 L COMPREHENSIVE ADULT HEALTH (237) 7.00 1,114 1,864 101,040 117,850 101,040 117,850 306,733. 131,047 437.780 d COMMUNITY HEALTH DEVELOPMENT (238) 2.49 0 2,816 33,747 39,362 33,747 39,362 73,000 73,218 146,218 = ti DENTAL HEALTH (240) 15.59 6.811 12,937 272,639 317,999 272,639 317,999 8,345 1,172,931 1,181,276 r ' PRIMARY CARE SUBTOTAL 90.13 26,109 794,889 1,369,770 1,597,666 1,369,770 1,597,669 3,414,805 2,520,070 5,934,875 r N C. ENVIRONMENTAL HEALTH: >- LL Water and Onsite Sewage Programs COSTAL BEACH MONITORING (347) 0.07 187 187 3,068 3,578 3,068 3,579 9,500 3,793 13,293 V LIMITED USE PUBLIC WATER SYSTEMS (357) 1.53 233 1,266 28,213 32,907 28,213 32,907 21,245 100.995 122,240 C C PUBLIC WATER SYSTEM (358) 0.00 0 0 20 24 20 24 0 88 88 O E PRIVATE WATER SYSTEM (359) 1.10 606 1,423 17,416 20,314 17,416 20,314 0 75,460 75,460 V O ONSITE SEWAGE TREATMENT & DISPOSAL (361) 2.60 604 1,537 40,034 46.694 40,034 46,694 122,254 . 51,202 173,456 Q Group Total 5.30 1,630 4,413 88,751 103,517 88,751 103,518 152,999 231,538 384,537 Facility Programs TATTOO FACILITY SERVICES (344) 0.20 0 20 2,596 3,028 2,596 3,028 7,887 3,361 11,248 FOOD HYGIENE (348) 0.70 152 557 11,128 12,980 11,128 12,980 31,223 16,993 48,216 BODY PIERCING FACILITIES SERVICES (349) 0.03 4 13 639 745 639 745 800 1,968 2,768 Packet Pg. 49 GROUP CARE FACILITY (351) MIGRANT LABOR CAMP (352) HOUSING & PUB. BLDG. (353) MOBILE HOME AND PARK (354) POOLSBATHING PLACES (360) BIOMEDICAL WASTE SERVICES (364) TANNING FACILITY SERVICES (369) Group Total Groundwater Contamination STORAGE TANK COMPLIANCE SERVICES (355) SUPER ACT SERVICES (356) Group Total Community Hygiene COMMUNITY ENVIR. HEALTH (345) INJURY PREVENTION (346) LEAD MONITORING SERVICES (350) PUBLIC SEWAGE (362) SOLID WASTE DISPOSAL SERVICE (363) SANITARY NUISANCE (365) RABIES SURVEILLANCE (366) ARBORVIRUS SURVEIL. (367) RODENTIARTHROPOD CONTROL (368) WATER POLLUTION (370) INDOOR AIR (371) RADIOLOGICAL HEALTH (372) TOXIC SUBSTANCES (373) Group Total ENVIRONMENTAL HEALTH SUBTOTAL D. NON -OPERATIONAL COSTS: NON -OPERATIONAL COSTS (599) ENVIRONMENTAL HEALTH SURCHARGE (399) MEDICAID BUYBACK (611) NONOPERATIONAL COSTS SUBTOTAL TOTAL CONTRACT 0.42 172 232 6,118 7,136 6,118 7,136 0 26,508 26,508 0.04 2 12 860 1,003 860 1,002 1,155 2,570 3,725 0.00 0 0 0 0 0 0 0 0 0 V O 0.34 32 80 4,535 5,290 4,535 5,290 13,530 6,120 19,650 3 1.07 402 1,083 15,963 18,619 15,963 18,620 52,108 17,057 69,165 O U 0.59 232 252 8,227 9,596 8,227 9,596 26,286 9,360 35,646 C N 0.03 6 10 707 825 707 825 2,147 917 3,064 E 3.42 1,002 2,259 50,773 59,222 50,773 59,222 135,136 84,854 219,990 Q. N C t 0.00 0 0 0 0 0 0 0 0 0 0.08 1 27 1,478 1,724 1,478 1,723 4,347 2,057 6,404 O 2 0.08 1 27 1,478 1,724 1,478 1,723 4,347 2,057 6,404 ~ T O N (0 0.00 0 0 6 7 6 8 0 27 27 O N 1.23 1 87 24,924 29,070 24,924 29,070 0 107,988 107,988 >_ LL 0.00 0 0 9 11 9 11 0 40 40 •• 0.00 0 0 33 38 33 39 0 143 T 143 M 0.00 0 0 36 42 36 41 0 155 155 v 0.25 105 138 3,279 3,824 3,279 3,824 0 14,206 14,206 U M 0.09 32 32 2,175 2,537 2,175 2,536. 0 9,423 r 9,423 C O 0.00 0 0 21 24 21 23 0 89 89 V 0.00 0 0 0 0 0 0 0 0 0 0) E 0.10 0 68 3,157 3,682 3,157 3,683 0 13,679 13,679 i R 0.01 0 1 192 225 192 225 0 833 833 =- m 0.00 0 0 0 0 0 0 0 0 0 0.00 0 0 0 0 0 0 0 0 a+ 0 d 1.68 138 326 33,832 39,460 33,832 39,460 0 146,583 146,583 = ti 10.48 2,771 7,025 174,834 203,923 174,834 203,923 292,482 465,032 757,514 O N 0.00 0 0 0 0 0 0 0 0 0>. LL 0.00 0 0 6,646 7,752 6,646 7,753 28,797 0 28,797 0.00 0 0 3,739 4,361 3,739 4,361 0 16,200 16,200 c.� 0.00 0 0 10,385. 12,113 10,385 12,114 28,797 16,200 44,997 pp C 175.44 46,638 865,675 2,999,848 3,498,955 2,999,848 3,498,958 8,598,724 4,398,885 12,997,609 d Packet Pg. 50 8.C.1.a ATTACHMENT III ST. LUCIE COUNTY HEALTH DEPARTMENT CIVIL RIGHTS CERTIFICATE The applicant provides this assurance in consideration of and for the purpose of obtaining federal grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or other federal financial. assistance to programs or activities receiving or benefiting from federal financial assistance. The provider agrees to complete .the Civil Rights Compliance Questionnaire, DH Forms 946 A and B (or the subsequent replacement if adopted during the contract period), if so requested by the department. The applicant assures that it will comply with: 1. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C., 2000 Et seq., which prohibits o discrimination on the basis of race, color or national origin in programs and activities receiving or r benefiting from federal financial assistance. x 2. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving or benefiting from federal financial r N assistance. 3. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits r O N discrimination on the basis of sex in education programs and activities receiving or benefiting from >- federal financial assistance. 4. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination r LO M on the basis of age in programs or activities receiving or benefiting from federal financial assistance. w R 5. The Omnibus Budget Reconciliation Act of 1981, P.L. 97-35, which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefiting from federal financial assistance. C U 6. All regulations, guidelines and standards lawfully adopted under the above statutes. The applicant agrees r that compliance with this assurance constitutes a condition of continued receipt of or benefit from federal L financial assistance, and -that it is binding upon the applicant, its successors, transferees, and assignees a for the period during which such assistance is provided. The applicant further assures that all contracts, o subcontractors, subgrantees or others with whom it arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the above statutes, regulations, guidelines, and standards. In the event of failure to comply, the applicant understands that the grantor may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief, to include assistance being terminated and further assistance c being denied. c� Attach packet Pg. 51 Attachment IV 8.C.1.a Fiscal Year - 2016 - 2017 St. Lucie County Health Department Facilities Utilized by the County Health Department Complete Location (Street Address, City, Zip) Facility Description And Offical Building Name (if applicable) (Admin, Clinic, Envn Hlth, etc.) Lease/ Agreement Number Type of Agreement (Private Lease thru State or County, other- please define) Complete Legal Name of Owner • SQ Feet Employee Count (FTE/OPs/ Contract) 714 Ave C Ft Pierce FL 3495 WIC/HIV/Dental/TB NA NA St Lucie County 21887 68 5150 NW Milner Dr Prt St Lucie FL 34983 Admin/Clinic/Vitals NA NA St Lucie County 15909 55, boUth Usiierce 34982 EH/SH/Tobacco NA NA St Lucie County 10742 .23- 531 NW Lake Whitney Dr Port St Lucie FL 34986 WIC/Dental C10-01-011 Private Lease thru Leasing Co C & W South Invest 7618 20 Facility - a fixed site managed by DOH/CHD personnel for the purpose of providing or supporting public health services. Includes county -owned, state-owned, and leased facilites. Includes DOH/CHD warehouse and administrative sites. Includes facilities managed by DOH/CHD that may be shared with other organizations. Does not include schools, jails or other facilities where DOH/CHD staff are out -posted or sites where services are provided on an episodic basis. Atta Packet Pg. 52 8.C.1.a ATTACHMENT V ST. LUCIE COUNTY HEALTH DEPARTMENT SPECIAL PROJECTS SAVINGS PLAN CASH RESERVED OR ANTICIPATED TO BE RESERVED FOR PROJECTS CONTRACT YEAR STATE COUNTY 2015-2016* $ 0 $ 0 2016-2017** $ 0 $ 0 2017-2018*** $ 0 $ 0 2018-2019*** $ 0 $ 0 PROJECT TOTAL $ 0 $ 0 SPECIAL PROJECTS CONSTRUCTION/RENOVATION PLAN PROJECT NUMBER: PROJECT NAME: LOCATION/ADDRESS: PROJECT TYPE: SQUARE FOOTAGE: PROJECT SUMMARY: NEW BUILDING RENOVATION NEW ADDITION 0 Describe scope of work in reasonable detail. START DATE (Initial expenditure of funds) COMPLETION DATE: DESIGN FEES: CONSTRUCTION COSTS: FURNITURE/EQUIPMENT: TOTAL PROJECT COST: COST PER SQ FOOT: $ 0 $ 0 $ 0 $ 0 $ 0 ROOFING PLANNING STUDY OTHER TOTAL $ 0 $ 0 $ 0 $ 0 Special Capital Projects are new construction or renovation projects and new furniture or equipment associated with these projects and mobile health vans. * Cash balance as of 9/30116 `* Cash to be transferred to FCO account. *** Cash anticipated for future contract years. At Packet Pg. 53 8.C.1.a FLORIDA DEPARTMENT OF HEALTH IN ST. LUCIE COMMUNITY SERVICE FEE HEALTH ^� Effective: July 01, 2016 St WcieCounty Lactation Consultant Services - per hour $ 100.00 $ 100.00 l Nutrition Seminar Series - per class $ 10.00 $ 10.00 Registered Dietitian Nutrition Counseling Adult - per hour $ 50.00 $ 50.00 Registered Dietitian Nutrition Counseling Pediatric - per hour $ 55.00 $ 55.00 Birth Certificates (Book Copy) $ 17.00 $ 17.00 Birth Certificates (Computer Copy) $ 17.00 $ 17.00 Birth/Death Records Search (per year) $ 7.00 $ 7.00 Death Certificates $ 14.00 $ 14.00 Expediting Charge $ 10.00 $ .10.00 Extra Copies of Certificates $ 10.00 $ 10.00 Out of County Birth Certificates $ 17.00 $ 17.00 Diabetes Self -Management Training - 10 hour Course provided to Medics Clients only @ Medicare Rates G0108 Diabetes Management Training - Individual per hour G0109 Diabetes Management Training - Group per hour Diabetes Self -Management Class - 2 hour sessions provided to worksites by a Registered Dietitian/Certified Diabetes Educator - per session re I $ 53.46 $ 53.46 $ 14.65 $ 14.65 $ 200.00 $ 200.00 Medical Nutritional Terapy 97802 Medical Nutrirional Therapy - Individual Initial Visit $ 97803 Medical Nutrirional Therapy - Individual Subsequent Visii $ 97804 Medical Nutrirional Therapy - Group Visit I $ 35.75 $ 35.72 30.78 $ 30.78 16.03 $ 16.03 Basic Supervisory Training outside CHD's - per participant $ 150.00 $ 150.00 Other Basic Training Request - per hour $ 75.00 $ 75.00 Car Seat Safety Class (Non -Coalition Members) - Fee per Hour * $ 50.00 *.Coalition Members are charge a discounted rate from original fee c 0 U c E 0 Q. a� 0 r a� x F_ 0 CV 0 CV U_ LO PRICES NOT VALID MORE THAN ONE YEAR FROM EFFECTIVE DATE Packet Pg. 54 Florida Department of Health in St. Lucie 8.C.1.a Page. h `Z�rs?t{`. 1 I I I 1 r� ; h'." aat ks s t5 +#.*. k'L'. ^a�?�4„nsi' n'73w "a d:� us r a r . ,, ns. f . .' *;•y," ad..^ 3«"is�'� �.s�, i. Sua'� .�. riz' W ;dJ Y' 1 '°"�ne s'* t 7 e' , 1 -� y M`-. Sw �' / 4 °')_'. i i ;4'h' ,, +. - Y.t.' .�za......c. �.�..... �.'�Y 'i�.�+et.`! 1 1 L ....o.� .�..e'� _ , e...»xY... � u,,.,.txu.F]� wY...£',. :.. ., Hepatitis A ? Hep A 90632 Z23 $ 31 $ 61 h 4 4 1 Hepafitl'ssB k Hep B 90746 I Z23 1 s $ 36' $ 66 MMR MMR¢ 90707 Z235 $t{ 59 $ 89 > `y ` Pneumovax Pnuemorna 90732 Z23 $ 73 $ 103 n .Hep A&B (Twlnnx) 9 063 6 Z23 � ` '`$, '5 9' $ 89 r s Uancella VZU i t r Uancella (Chicken Pox) 90716 1Z23 $ 101 $ 131 _ IPU multi dosevlal "r Polw FL{f 90713 �' Z23` $ 30; $ 60 t^1 a Influenza Vaccine* Vaccine for children 6-35 months of age 90655 Z23 $ 18 $ 23 Influenza Vaccine* Vaccine for use in ind. 3 yrs and above 90656 Z23 $ 24 $ 29 MenacfraF L Me ningltis(Menact(a) 90734 Z23 $ 109 $ 139 „r F j Menomune Meninglfis(Menomune) 90733 Z23 $ 123 $ 153 s, -R_ a x N Imovax Rables 1 ML Uial'SGF } ' Rables Vaccine for Intramuscular Use 90675 Z23`>$t 293 $ 323 Imo am;Rables HT f Rables Immune Glo ulln RIG USP 3 9; 76 Z 23� 3j1 361 ,:3 Adacel TDAP a k r 4 1 90715, t � � Z23 - $ 32 - 62 Tenlvac r <' TD { 90 T1�4 Z 23 29 59 , Typhoid multi dose vial fi S 5 k Typhoid 90690 Z23 t $ 61 $ 91 < Y6116w Fever`f ,'�" Yellow Fever ` ! 1=7 907 Z23 $ 137, $ 167 Tubersol*' ` PPD 86580 >Z11 1 $15 $ 15 E..„, s_.._ ?.. .n.. {th .., c ._...':... �... i. ..a}:,., .'t .�,,. v.. '._S..ai .... �`'_.. ..... �. ., ._.. �: ..�. .,>..��. rx. s .,a. , i ea- ✓,:� . trt QuantiFERON TB* t zo } r wTB Gold 86480 Z11,1, s $30 $ : 30 TBhIGRA AGResponseTCell* T Spot 86481 Z11 1 $30 $ 30 *TB is considered a lab test there for not subject to an Immunization administrative charge. Fees are inclusive. Influenza Vaccine is available for all, only if order by our providers. No charge to children qualified for VFC. IMM Atlmm Fee 1stSh4ot $! 30 00 9047{1 Z23' t IMM Admin Fee Adtll Shots 1 $ 18 00 90472 Z23 New fees, Prices that have changed. White Old fees, no changes. M Q Packet Pg. 55 FDOHDenlal Fee Table .Cchedule nfRenrsfilc 8.C.1.a 1 1 Periodic Oral Evaluation - Established Paticnt 1® $45 D0120 D0140 Limited Oral Evaluation - Problem Focused $24 D0145 Oral Evaluation for a Patient Under Three Years ofAge and Counseling withlPrimmy Caregiver S48 D0150 Comprehensive Oral Evaluation -New or Established Patient $48 D0160 Detailed and Extensive Oral Evaluation - Problem Focused, by Report S85 D0180 Comprehensive Periodontal Evaluation S95 D0210 Intmoral - Complete Series (Including Bitmvings) $95 D0220 Intmoral - Periapical - First Film S12 D0230 X-rays Immoral - Periapical- Each Additional Film $9 D0240 X-mys Immoral - Occlusal Film S24 D0250 Extraoml - First Film $71 D0260 Extmoral - Each Additional Film $39 D0270 Bitcsvings-Single Film $18 D0272 X-rays Bitewings- Two Films (Additional Pair Pcr Ycar) S27 D0273 X-mys Bitc%vings -Three, Films (Additional Set Per Year) S37 D0274 X-rays Bitcsvings - Four Films (Additional Set Per Year) S33 D0277 Vertical Bitewings - 7 to 8 Films S59 D0290 Posterior -Anterior or Lateral Skull and Facial Bone Survey Film S95 D0321 Temporomandibular Joint Film S255 D0322 Tomographic Survey $391 D0330 X-rays Panoramic Film (Each Additional) S89 D0340 Cephalomctric Film $95 D0350 Oral/Facial Photographic Images S21 D0460 Pulp Vitality Testing S50 D0470 Diagnostic Cots $65 1 DI I I0, Prophylaxis - Adult 11 S54 D 1120 Prophylaxis - Child $42 D 1204 Topical Application offluoride(Ecluding Prophylaxis) - Adult $48 D1206 Topical Fluoride Varnish; Therapeutic Application for Moderate to High Caries Risk Patients I S33 D1208 Topical Application Of Fluoride(Prophylaxis Not Included) - Child $33 D1310 Nutritional Counseling for Control ofDcntal Disease $15 D 1320 Tobacco Counseling Sly D1330 Oral Hygiene Instruction S18 D1351 Sealant - Per Tooth S39 D1510 ISpacc Maintainer- Fixed - Unilateral•• $214 D 1515 Space Maintainer - Freed - Bilateral•• $348 D 1520 Space Maintainer - Removable - Unilateral•• $200 D1525 Space Maintainer- Renovable - Bilateral** $270 D1550 Recementation of Space Maintainer $51 D1555 Rogam Removal of Fixed Space Maintainer Amalgam - One Surface, Primary or Permanent $50 S92 D2140 D2150 Amalgam- Two Surfaces, Primary or Permanent $122 D2160 Amalgam -Three Surfaces, Primary or Permanent $152 D2161 Amalgam - Four or More Surfaces, Primary or Permanent S181 D2330 Resin - One Surface, Anterior $101 D2331 Resin- Two Surfaces, Anterior S116 D2332 Resin -Three Surfaces, Anterior S131 D2335 Resin - Four or Mom Surfaces, Anterioror Involving lneisal Angle $214 D2390 Resin -Based Composite Crosvn, Anterior S214 D2391 Resin -Baud Composite, One Surface, Posterior S92 D2392 Resin -Based Composite, Two Surfaces, Posterior $122 D2393 Resin -Baud Composite, Three Surfaces, Posterior $152 D2394 Resin -Hued Composite, Four Surfaces, Posterior SIN D2410 Gold Foil - One Surface S179 D2420 Gold Foil -Two Surfaces $289 D2430 Gold Foil -Three Surfaces S490 D2510 Inlay -Metallic -One Surface $450 D2520 Inlay -Metallic - Ttco Surfaces S511 D2530 Inlay - Metallic -Thmc or Moto Surfaces S587 D2543 Onlay- Metallic - Three Surfaces S580 D2544 Onlay- Metallic - Four or Mom Surfaces $577 D2610 Inlay - Porcelain/Ceramie - One Surface S527 D2620 Inlay - Pomclain/Ccramic - Two Surfaces $522 D2630 Inlay - PorcehminlCcmmic - Thmc or Atom Surface 5533 I a+ a Packet Pg. 56 FDOH Dental Fee Table Schedule of Benefits D2642 D2643 Onlay- Porcelabr/Ccramic-TwoSurfaces �•+s�.--~�Rw- -~- Onlay- PorcclaWCcramic-Three Surfaces S594 $602 D2644 Onlay- Porcelain/Ceramic - Four or Mom Surfaces S598 ' D2650 Inlay - Resin -Based Composite - One Surface S324 D2651 Inlay - Resin -Based Composite - Two Surfaces $406 D2652 Inlay -Resin-Based Composite - Three or More Surfaces S429 D2662 Onlay- Resin -Baud Composite -Two Surfaces S381 D2663 Onlay -Resin-Based Composite -Three Surfaces S418 D2664 Onlay- Resin -Based Composite- Four or Mom Surfaces S460 D27I0 Cratm -Resin-Based Composite(Indireet)•• S229 D2720 Cmssm - Resin with High Noble Metal•• S505 D2721 Cmwm - Resin With predominantly Base Metal** S253 D2722 Cmssn - Resin with Noble Metal•• $475 D2740 Cmtm Porcclain/Ceramic Substrate" $678 D2750 Crown Porcelain Fused to High Noble Metal•• S505 D2751 Crotm Porcelain Fused to Predom!netcly Base Metal** S678 D2752 Crown Porcelain Fused to Noble Metal'• S475 D2780 Crown - 3/4 Cast High Noble Metal•• S505 D2781 Crown - 3/4 Cast Predominantly Base Metal• • S455� D2782 Cmssm-3/4 Cast Noble Metal•• S475 I D2783 Cmrm-3/4 Pormlain/Cemmie•• 4 S505 D2790 l Cmrm - Full Cast High Noble Metal•• S505 D2791 Cmwm - Full Cast Predominately Base Metal•• S455 D2792 D2910 Cm%%m - Full Cast Noble Metal•• Recement Inlay, Onlay, or Partial Covcmge Restoration S475 S65 D2915 Recemenl Cast or Prefabricated Post and Cone S63 D2920 Rcmmcnt Crown S51 D2930 Prefabricated Stainless Steel Crown- Primary S202 D2931 Prel ibricamd Stainless Steel Crotm - Permanent S202 D2932 Prefabricated Resin Crown S202 D2933 Prefabricated Stainless Steel Crown with Resin \Vmdow S253 D2940 Sedative FII'mg $54 D2950 Core Buildup, Including Any Pins S193 D2951 jPin Retention - Per Tooth, in Addition to Restoration S6 D2952 Post and Core in Addition to Crown, Indirectly Fabricated S203 D2953 Each Additional Indirectly Fabricated Post - Same Tooth S121 D2954 Prefabricated Post and Core in Addition to Crown S158 D2955 Post Removal (Not in Conjunction with Endodontic Thempy) S167 D2957 Each Additional Pmfibricated Post- Same Tooth S109 D2960 labial Veneer (Resin laminate) - Chairside S303 D2961 labial Veneer (Resin [aminate) - laboratory S440 D2962 labial Veneer (Porcelain laminate) - laboratory S585 D2970 D3110 Temporary Crown (Fractured Tooth, ifSepamtc from Crown) is 0 4 Pulp Cap, Direct (Excluding Final Restoration) S60 rr , S39 D3120 Pulp Cap, Indirect (Excluding Final Restoration) S33 D3220 Therapeutic Pulpotomy S149 D3221 Pulpal Dcbridement, Primary and Permanent Tceth S89 D3230 Pulpal Therapy (Resorbable Filling) -Anterior, PrimaryTooth (ExcludingOnal Restoration) S223 D3240 Pulpal Therapy (Resorbable Filling) - Posterior, PrimaryTooth (Excluding!Final Restoration) $253 D33I0 Root Canal - Anterior - Per Tooth S440 D3320 Root Canal - Bicuspid - Per Tooth S565 D3330 Root Canal - Molar - Per Tooth S699 D3331 Treatment OFRoot Canal Obstruction; Non -Surgical Access S149 63332 Incomplete Endodontic Therapy, Inoperable, Unrestorabic or Fractured Tooth $425 D3333 Internal Root Repair Of Perforation Defects S92 D3346 Rctreatment ofPmvious Root Canal Thcmpy-Anterior S563 D3347 Rclreatment of Previous Root Canal Therapy- Bicuspid S597 D3348 Rctmatment ofPmvious Root Canal Therapy- Molar $690 D3351 Apexification/Rccalcifiration- Initial Visit S250 D3352 lApemfimtion/Remlcification - Interim Medication Replacement (Apical Closum/Calci6c Repair, etc.) I S166 D3353 IApexifncation/Remlcifrmtion - Final Visit (Includes Completed Root Canal Therapy, etc.) $333 D3410 Apicecetemy/Periradicula Surgery -Anterior S223 D3421 Apicoectomp/Perimdicular Surgery- Bicuspid, First Root . S525 D3425 Apicecctomy/Pedradimlar Surgery - Molar, First Root S625 D3426 Apimectomy/Perimdicular Surgery- Additional Roots $310 D3430 Retrograde Filling S74 Packet Pg. 57 FDOH Dental Fee Table Schedule of Benefits 8.C.1.a D3450 Root Amputation - Per Root .........�.-.... �v`~^'--^.�~^� S324 D3460 Endodondc Endosscous Implant $1,388 D3470 Intentional Rcimplanmtion (Including Necessary Splinting) S587 D3910 Surgical Procedure for Isolation of Tooth with Rubber Dam $97 D3920 Hemiseetion - Including Root Removal (Excluding Root Canal Therapy) S241 D3950 t D4210 (Canal Preparation and Fitting of Preformed Post Ill Gingivectomy or Gingivopbasty, Per Quadrant (4 or More Teeth) SI01 1/ S312 D4211 Gingiwainny or Gingivopiasty, Per Quadrant (1 to 3 Teeth) S134 D4240 Gingival Flap Pmcedum, Including Root Planing - (4 or Mom Teeth) Perl Quadrant S386 D4241 Gingival Flap Procedure, Including Root Planing - (I to 3 Teeth) PcrlQuadrant I S286 D4245 Apically Positioned Flap S285 D4249 Clinical Crown Lengthening - Hard Time S240 D4260 Osseous Surgery (Including Flap Entry and Closure) - Per Quadrant (4 orlMom Teeth) S339 D4261 !Osseous Surgery (Including Flap Entry and Closure) - Per Quadrant (1 to 3!Tccth) I S143 D4263 Bone Replacement Graft- First Site in Quadrant S295 D4264 Bone Replacement Graft- Each Additional Site in Quadrant S126 D4266 Guided Tissue Regeneration - Resorbable Barrier, Per Site $322 D4267 Guided Tasuc Regeneration-Nonmsorbablc Barrier, Per Site (IncludeslMembmne Removal) $311 D4270 Pedicle Soft Time Graft Procedure I S469 D4271 I = Soft Tissue Graft Procedure (Including Donor Site Surgery) S531 D4274 Distal or Proximal Wedge Procedure (1Vhen Not Performed in Conjunction with Surgical Pmc) 5188 D4320 Provisional Splinting-Intmcorenal S190 D4321 Provisional Splinting - Fxtmcoronal S215 D4341 Periodontal Scaling and Root Planing - Per Quadrant (4 or Mom Teeth) $59 D4342 Periodontal Scaling and Root Planing - Per Quadrant (1 to 3 Teeth) S30 D4355 Full Mouth Debridcment to Enable Comprehensive Evaluation & Diagnosis S155 D4910 Periodontal Maintenance Procedures - Following Active Surgery (2 in a 12!Month Period) S127 D4920 196, D5110 Unscheduled Dressing Change (by Someone Other than Treating Dentist) I PROSTHODONTICS11 Complete Upper Denmre•• S80 S922 D5120 Complete Lower Denture•• S922 D5130 Immediate Upper Denture** S710 D5140 Immediate Lower Denture•• S710 D5211 Partial Upper - Resin Base (with Clasps/Rests &Teeth)•• S490 D5212 Partial Lower - Resin Base(with CLups/Rests&Teeth)•• S490 D5213 Upper Partial - Cast Metal Base with Resin Saddles (with Ciasps/Rcsts &ffecth)•• $936. D5214 Lower Partial - Cast Metal Base with Resin Saddles (With Clasps/Rests &(Teeth)•• 5936 D5281 Removable Unilateral Partial Denture - One Piece Cast Metal (Ineluding!Clasps and Tceth)•• S410 D5410 Adjust Complete Denture - Upper S42 D5411 (Adjust Complete Denture - Lower I $42 D5421 Adjust Partial Denture - Upper S42 1 D5422 Adjust Partial Denture -Lower S42 D5510 Repair Broken Complete Denture Base** S131 D5520 Replace Missing or Broken Teeth•• S116 D5610 Repair Resin Denture Base— $131 D5620 Repair Gast Framework" I S140 D5630 Repair or Replace Brokcn Clasp** S166 I D5640 Rcpace Brokcn Tcctls-Per Tooth- S116 D5650 Add Tooth to Existing Partial Denmre•• S125 D5660 Add Clasp to Existing Partial Denmre• I S155 II D5710 Rcb= Complete Maxillary Dcnture•• S190 D5711 Rcbase Complete Mandibular Denture* • S190 D5720 Rcbasc Maxillary Partial Denture** S165 D5721 Rebasc Mandibular Partial Denture•• S165 D5730 Cha!rside Reline Complete Upper Denture SI87 D5731 IChairside Reline Complete Lower Denture I S187 D5740 Chairside Reline Upper Partial SI87 D5741 Chaitsidc Reline Lower Partial SI87 j D5750 D5751 Laboratory Reline Complete Upper Denture— Laboratory Reline Complete Cosier Denture** $336 i D5760 Laboratory Reline Upper Partial•• 5336 D5761 Laboratory Reline Lower Partial­S336 D58I0 Interim Complete Denmre (Maxiliary) S380 D5811 Inmrm Complete Denmre (Mandibular) S380 D5820 `Interim Partial Denture (Maxillary) S327 D5821 Interim Partial Denture (Mandibular) S335 U r C d E z U to 4+ a+ a Packet Pg. 58 FDOH Dental Fee Table Schedule 8.C.1.a D5850 Tissuc Conditioning (Maxillary) S95 D5851 Tissue Conditioning (Mandibular) S95 D5860 Overdcnture wmplctc•• t S765 D5861 Overdenturc partial** S715 D5899 Unspecified Removable Prosthodontic Procedure SO D5986 Fluoride Gel Cartier S92 D5987 Commissurc Splint S1,375 r D6010 lr� r Surgical Placement oflmplant Body. Endostcal Implant rl S1,125 D6040 Surgical Placement Eposteal Implant S5,941 D6050 Surgical Placement Transosteal Implant S4,155 D6055 Dental Implant Supported Connecting Bar S383 D6080 Implant Maintenance Procedures, Including Removal of Pmsthcsis, Cleansing of Prosth S88 D62I0 Ponfic - Cast High Noble Metal •• S505 D6211 Pont!c- Cast Predominantly Base Mcml•• S455 D6212 Ponfic - Cast Noble Metal— $475 D6214 Ponfic- Titanium•• S5I0 D6240 Pontie- Porcelain Fused to High Noble Metal•• S505 D6241 Ponfic - Porcelain Fused to Predominantly Base Metal•• S455 D6242 Pontie - Porcelain Fused to Noble Metal* • S475 D6250 Ponfic - Resin with High Noble Metal•• S505 D625I Ponfic- Resin with Predominantly Base Metal•• S455 D6252 Ponfic - Resin sstith Noble Metal" $475 D6545 Cast Metal Retainer for Acid Etch Bridge* • S215 D6720 Crown - Resin with High Noble Metal • • $505 D6721 Crown - Resin with Predominantly Base Metal • S455 D6722 Crown - Resin with Noble Metal•• $475 D6750 Cmssn - Porcelain Fused to High Noble Mctal• • S505 D6751 Crown -Porcelain Fused to Base Metal•• I S455 D6752 Cmwn - Porcelain Fused to Noble Metal•• I} S475 D6780 Cmssn-3/4 Cast High Noble Metal•• S505 D6781 'Crown-3/4 Cast Predominantly Base Metal** S455 D6782 Crown - 3/4 Cast Fused to Noble Metal•• S475 D6783 Crown-3/4 PorcelahJCcmmic•• S505 D6790 Crown - Full Cast High Noble Mcml•• S505 D6791 Crown- Full Cast Predominately Base Metal•• S455 D6792 Crown - Full Cast Noble Metal•• S475 D6920 Connector Bar SI16 D6930 Recement Bridge $90 D6940 strew BmaAcr•• SIM D6950 Precision Attachment•• $310 D6970 Post and Core in Addition to Fixed Partial Denture Retainer, Indirectly Fabricated S208 D6972 Prefabricated Post and Core in Addition to Fixed Partial Denture Retainer S175 D6973 Cora Build Up for Retainer, Including Any Pins S145 D6975 Coping - Metal $370 D6976 Each Additional Indirectly Fabricated Post - Same Tooth $98 D6977 Each Additional Prefabricated Post- Same Tooth S95 D6985 r D7111 Pediatric Partial Denture, Fixed t Extraction, Comnal Remmants -Deciduous Tooth S490 r� S80 D7140 IExtraetion - Erupted Tooth or Exposcd Root (Evaluation &/or ForecpslRcmoval) S80 D7210 Surgical Removal of Erupted Teeth S119 D7220 Removal oflmpacted Tooth - Soft Tissue S184 D7230 Removal oflmpaeted Tooth -Partially Bony $229 D7240 RemovaloflmpactedTooth- CompletelyBony S235 D7241 Removal oflmpacted Tooth - Completely Bony, with Unusual surgicalC!omplications S244 D7250 Surgical Removal of Residual Tooth Roots - S161 D7260 Orantral Fistula Closure $499 D7261 Primary Closure OPA Sinus Perforation S357 D7270 Tooth Reimplantation and/or Stabilization of Accidentally Evulsed orlD'rsplawd Tooth S80 D7272 Tooth Transplantation (Includes Rcimplantation from One Site to Another andlSplinting and/or Stabilization) S449 D7280 Surgical Access ofan Uncmpted Tooth S404 D7283 Placement OfDcviw To Facilitate Emption Oflmpacted Tooth $351 D7285 BiopsyofOml Tissuc - Hard V S240 D7286 Biopsy of OralTissuc-Soft S155 D7290 Surgical Repositioning of Beth $290 D7310 Alvwplasty in Conjunction with Extractions - Four or More Teeth or Tooth! Spaces Per Quadrant S134 LO M V L r C O C) C do C R Q d t r d ti T CO T O N U_ M U r C d E Z U M ++ a+ a Packet Pg. 59 FDOH Dental Fee Table Schedule 8.C.1.a D7311 Alvcoloplasty, in Conjunction with Extractions -One to Three Teeth or ToothlSpaws, Per Quadrant.^_Y�m__'-r4�_�v.~•'����� �Y S65 ~- D7320 Alveoplasty Not in Conjunction with Extractions -Four or More Teeth orlTooth Spaces Per Quadrant S166 D7321 Alvcoloplasty Not in Conjunction with Extmetioas - One to Three Teeth or!Tooth Spaces Per Quadrant $140 D7340 Vcstbulopltsty-Ridge Extension (ScwndaryEpithelial) S640 D7350 Vestbuloplasty-Ridge Extension (Including Soft Tissue Grafts,Muscleft!cattachmen4 Revision ofSoR S4,151 D7410 Excision of Benign Lesion up to 1.25 cm S290 D7411 Excision of Benign Lesion Greater than 1.25 cm $340 D7412 Excision of Benign Lesion, Complimicd S440 D7440 Excision of MalignantTumor- Lesion Diameter up to 1.25 cm $946 D7441 Excision of MalignantTumor- Lesion Diameter Greater than 1.25 cm SI,462 D7450 Removal of Benign Odontogenic Cyst or Tumor -Lesion Diameter up to 1.25!cm S290 D7451 Removal of Benign Odontogen!c Cyst or Tumor -Lesion Diameter Greater than! 1.25 cm S440 D7460 Removal of Benign None domtogenic Cyst or Tumor -Lesion Diameter up to! 125 cm S290 D7461 Removal of Benign Nonodontogenic Cyst or Tumor -Lesion Diameter Gmaterlthan 1.25 cm S340 D7465 Destruction ofl.esion(s) by Physical or Chemical Method, by Report S220 D7471 Removal of Lateral Exostosis (Maxilla or Mandible) S360 D7472 Removal ofTcrus Palatinus S340 D7473 Removal ofTorus MandibuLvis S290 D7510 Incision and Drainage of Abscess -Immoral Soft Tissue S140 D7511 Incision and Drainage of Abscess - Immoral Soft Tissue - Complicatedl(Includes Drainage ofMultiple Fascial Spaces) S190 D7520 Incision and Drainage of Abscess-Extmoral Soft Tissue S199 D7521 Incision and Drainage of Abscess-Extraoral Soft Tissue - Complicated!(Includes Dmintge ofMultiple Fascul Spaces) S265 D7530 Removal of Foreign Body from Muwsa, Skin, or Subcutaneous Alveolar!Tusue S286 D7540 Removal of Reaction -Producing Foreign Bodies, Musculoskelctal System S315 D7550 Partial Ostectomy/Sequestrectomy of Removal of Non -Vital Bone S202 D7560 Maxillary Sinusotomyfor Removal ofToothFmgmentorForeign Body S1,504 D7670 Alveolus -Closed Reduction, May Include Stabilization ofTceth S610 D7880 Occlusal Orthotic Device, by Report S390 D7940 Ostcoplasty- For Orthognathic Deformities S2,315 D7950 Osscous, Osteoperiostcal, or Cartilage Gnaft ofthc Mandible or Maxilla !Autogenous or Nomutogenous, by Report $1,214 D7960 Frenulectumy $200 D7963 Frcnuloplasty S200 D7970 Excision ofHyperpltstic Ttcsuc(Pcr Arch) ( $259 D7971 Excision of Periwronal Gingiva S95 D7983 Closure ofSalivwy Fistula SI,327 D7999 1ORTI D80101 Unspecified Oral SurgetyProcedum IODO'NTICS11 Limited Orthodontic Treatment ofthe Primary Dentition So I S1,515 D8020 Limited Orthodontic Treatment ofthe Transitional Dentition S1,515 D8030 Limited Orthodontic Treatment ofthe Adolescent Dentition SI,515 D8040 Limited Orthodontic Treatmentofthe Adult Dentition S1,515 D8070 Compmbcmivc Orthodontic Treatment ofthe Tmnsitional Dentition SI,130 D8080 Comprehensive Orthodontic Treatment ofthc Adolescent Dentition S1,130 D8090 Comprehensive Orthodontic Treatment ofthe Adult Dentition SI,130 D8210 Removable Appliance Thempy S321 D8220 Fixed Appliance Therapy S996 D8660 Pre-OrtbodontieTreatment Visit S193 D8670 Periodic Orthodontic Treatment Visit (As Pan of Contract) S155 D8680 Orthodontic Retention (Removal ofApplianws, Construction and Plaecment!ofRetaincr(s)) S415 D8692 Replawment Of Lost Or Broken Retainer , $187 D8999 Unspecified Orthodontic Prowdurc + $0 1 D9110 I Palliative (Emergency) Treatment ofDcntal Pain Minor Procedure 11 I S39 D9120 Fixed Partial Denture Sectioning S15 D9210 Local Anesthesia Not in Conjunction with Operative or Surgical Procedures $40 D9211 Regional Block Anesthesia S43 D9212 Trigcminal Division Block Anesthesia $69 D9215 Local Anesthesia $15 D9220 Deep Sedation/General Anesthesia - First 30 Minutes $169 D9221 Deep Sedation/Geneml Anesthesia - Each Additional 15 Minutes S68 D9230 Analgesia - Anxiolysis, Inhalation ofNitmus Oxide $83 D9241 Intravenous Conscious ScdatiordAnalgcsia -First 30 Minutes $149 D9242 Intravenous Conscious Scdation/Analgcsia- Each Additional 15 Minutes $59 D9248 Non -Intravenous Conscious Sedation S119 D9310 Consultation - Diagnostic Service Provided by Dentist or Physician OtherlThan Requesting Dentistor Physician S54 D9410 Houw/Extcnded Care Facility Cal I $190 D9420 Hospital Call S166 V yL.r C c.i C d d 0 t r+ cc d ti O N �O O N LL -W Q Packet Pg. 60 FDOH Dental Fee Table Schedule of Benefits D9430 Office Visit for Observation (During Regula lyScheduled Hours) I� S15 D9440 Office Visit- After Regularly Scheduled Hours $90 D9450 Case Presentation, Detailed and Extensive Treatment Planning $15 D9610 Therapeutic Pamntcml Drug, Single Administration $50 D9612 Tbempeutic Parenteml Dregs, Two or Mom Administrations, Diff=tNediaations $65 D9630 Medicinal Applicationflnigation Per Visit S40 D9910 Application of Desensitizing Medicaments S40 D9920 Behavior Management $71 D9941 Fabrication ofAthleticMouthguard S115 D9950 Occlusion Analysis -Mounted Case Silo D9951 Occlusion Adjustment -Limited S65 D9952 Occlusion Adjustment -Complete $310 D9970 _ Enamel Micmabrasion S47 D9972 Extemal Bleaching - Per Arch S215 D9973 ErtemalBleaching - Per Tooth $37 D9974 Internal Bleaching - Per Arch S163 D9999 Broken Appointment (Less Mum 24 Hour Notice) - Per 15 Minute Unit - Max1S40 S40 r C� rL+ C O ci C N E Q N 0 t d ti O N O N LL T— LO M V O L C �O♦ V D E L Q d L d ti T CO T O N LL O U C d E z U M r a Packet Pg. 61 Effective: July 2016 8.C.1.a { HEALTH St. Lucie County FDOH-St Lucie Physician Primary Care Fee Schedule For procedure codes 90460, 90471 and 90472, the fees represent the amount that would equal the Medicare rate when added to the vaccine product codes. Providers must bill both the vaccine product code and the administration code to receive the full reimbursement amount. . CODE MOD DESCRIPTION UNITS FEE MAX 90460 IMMUNIZATION ADMINISTRATION, WITH COUNSELING BY PHYSICIAN OR OTHER QUALIFIED PROFESSIONAL. 12 $20.00 90471 IMMUNIZATION ADMINISTRATION; FIRST VACCINE (SINGLE OR COMBINATION VACCINEITOXOID) 1 $25.00 90472 IMMUNIZATION ADMINISTRATION; EACH ADDITIONAL VACCINE 4 $18.00 OFFICE VISIT FOR THE EVALUATION AND MANAGEMENT OF A NEW PATIENT: A PROBLEM FOCUSED HISTORY; 99201 A PROBLEM FOCUSED EXAMINATION; STRAIGHTFORWARD MEDICAL DECISION MAKING. COUNSELING 1 $55.00 AND/OR COORDINATION OF CARE WITH OTHER PROVIDERS. OFFICE VISIT FOR THE EVALUATION AND MANAGEMENT OF A NEW PATIENT: AN EXPANDED PROBLEM 99202 FOCUSED HISTORY, AN EXPANDED PROBLEM FOCUSED EXAMINATION; STRAIGHTFORWARD MEDICAL 1 $85.00 DECISION MAKING. COUNSELING AND/OR COORDINATION OF CARE WITH OTHER PROVIDERS. OFFICE VISIT FOR THE EVALUATION AND MANAGEMENT OF A NEW PATIENT: A DETAILED HISTORY; A 99203 DETAILED EXAMINATION; MEDICAL DECISION MAKING OF LOW COMPLEXITY. COUNSELING AND/OR 1 $125.00 COORDINATION OF CARE WITH OTHER PROVIDERS. OFFICE VISIT FOR THE EVALUATION AND MANAGEMENT OF A NEW PATIENT: A COMPREHENSIVE HISTORY; A 99204 COMPREHENSIVE EXAMINATION; MEDICAL DECISION MAKING OF MODERATE COMPLEXITY. COUNSELING 1 $190.00 AND/OR COORDINATION OF CARE WITH OTHER PROVIDERS. OFFICE VISIT FOR THE EVALUATION AND MANAGEMENT OF A NEW PATIENT: A COMPREHENSIVE HISTORY; A 99205 COMPREHENSIVE EXAMINATION; MEDICAL DECISION MAKING OF HIGH COMPLEXITY. COUNSELING AND/OR 1 $230.00 COORDINATION OF CARE WITH OTHER PROVIDERS. OFFICE VISIT FOR THE EVALUATION AND MANAGEMENT OF AN ESTABLISHED PATIENT, THAT MAY NOT 99211 REQUIRE THE PRESENCE OF A PHYSICIAN. TYPICALLY, 5 MINUTES ARE SPENT PERFORMING OR 1 $25.00 SUPERVISING THESE SERVICES. OFFICE OR OTHER OUTPATIENT VISIT FOR THE EVALUATION AND MANAGEMENT OF AN ESTABLISHED 99212 PATIENT; STRAIGHTFORWARD MEDICAL DECISION MAKING. COUNSELING AND/OR COORDINATION OF CARE 1 $55.00 WITH OTHER PROVIDERS. OFFICE OR OTHER OUTPATIENT VISIT FOR THE EVALUATION AND MANAGEMENT OF AN ESTABLISHED 99213 PATIENT, AN EXPANDED PROBLEM FOCUSED EXAMINATION; MEDICAL DECISION MAKING OF LOW 1 $85.00 COMPLEXITY. COUNSELING AND COORDINATION OF CARE WITH OTHER PROVIDERS. OFFICE OR OTHER OUTPATIENT VISIT FOR THE EVALUATION AND MANAGEMENT OF AN ESTABLISHED 99214 PATIENT; MEDICAL DECISION MAKING OF MODERATE COMPLEXITY. COUNSELING AND/OR COORDINATION OF 1 $120.00 CARE WITH OTHER PROVIDERS. OFFICE OR OTHER OUTPATIENT VISIT FOR THE EVALUATION AND MANAGEMENT OF AN ESTABLISHED 99215 PATIENT, MEDICAL DECISION MAKING OF HIGH COMPLEXITY. COUNSELING AND/OR COORDINATION OF CARE 1 $160.00 WITH OTHER PROVIDERS. 99381 INITIAL COMPREHENSIVE PREVENTIVE MEDICINE EVALUATION AND MANAGEMENT OF AN INDIVIDUAL, NEW 1 $125.00 PATIENT; INFANT AGE YOUNGER THAN 1 YEAR 99382 INITIAL COMPREHENSIVE PREVENTIVE MEDICINE EVALUATION AND MANAGEMENT OF AN INDIVIDUAL, NEW 1 $130.00 PATIENT; EARLY CHILDHOOD AGE 1 THROUGH 4 YEARS 99383 INITIAL COMPREHENSIVE PREVENTIVE MEDICINE EVALUATION AND MANAGEMENT OF AN INDIVIDUAL, NEW 1 $135.00 PATIENT; LATE CHILDHOOD AGE 5 THROUGH 11 YEARS 99384 INITIAL COMPREHENSIVE PREVENTIVE MEDICINE EVALUATION AND MANAGEMENT OF AN INDIVIDUAL, NEW 1 $150.00 PATIENT; ADOLESCENT AGE 12 THROUGH 17 YEARS INITIAL COMPREHENSIVE PREVENTIVE MEDICINE EVALUATION AND MANAGEMENT OF AN INDIVIDUAL, NEW 1 $150.00 99385 PATIENT;18-39 YEARS 99386 INITIAL COMPREHENSIVE PREVENTIVE MEDICINE EVALUATION AND MANAGEMENT OF AN INDIVIDUAL, NEW 1 $170.00 PATIENT; 40-64 YEARS 99387 INITIAL COMPREHENSIVE PREVENTIVE MEDICINE EVALUATION AND MANAGEMENT OF AN INDIVIDUAL, NEW 1 $185.00 PATIENT; 65 YEARS AND OLDER L 0 U c a� E 0 Q. a� t r a� 2 0 N to 0 N LL LO ti M PRICES NOT VALID MORE THAN ONE YEAR FROM EFFECTIVE DATE Packet Pg. 62 Effective: July 2016 8.C.1.a CODE MOD DESCRIPTION UNITS FEE MAX 99391 PERIODIC COMPREHENSIVE PREVENTIVE MEDICINE REEVALUATION AND MANAGEMENT OF AN INDIVIDUAL, ESTABLISHED PATIENT, INFANT AGE YOUNGER THAN 1 YEAR 1 $110.00 99392 PERIODIC COMPREHENSIVE PREVENTIVE MEDICINE REEVALUATION AND MANAGEMENT OF AN INDIVIDUAL, ESTABLISHED PATIENT; EARLY CHILDHOOD AGE 1 THROUGH 4 YEARS 1 $120.00 99393 PERIODIC COMPREHENSIVE PREVENTIVE MEDICINE REEVALUATION AND MANAGEMENT OF AN INDIVIDUAL, ESTABLISHED PATIENT; LATE CHILDHOOD AGE 5 THROUGH 11 YEARS 1 $120.00 99394 PERIODIC COMPREHENSIVE PREVENTIVE MEDICINE REEVALUATION AND MANAGEMENT OF AN INDIVIDUAL, ESTABLISHED PATIENT; ADOLESCENT AGE 12 THROUGH 17 YEARS 1 $130.00 99395 PERIODIC COMPREHENSIVE PREVENTIVE MEDICINE REEVALUATION AND MANAGEMENT OF AN INDIVIDUAL, ESTABLISHED PATIENT;18-39 YEARS 1 $130.00 99396 PERIODIC COMPREHENSIVE PREVENTIVE MEDICINE REEVALUATION AND MANAGEMENT OF AN INDIVIDUAL, ESTABLISHED PATIENT; 40-64 YEARS 1 $140.00 99397 PERIODIC COMPREHENSIVE PREVENTIVE MEDICINE REEVALUATION AND MANAGEMENT OF AN INDIVIDUAL, ESTABLISHED PATIENT; 65 YEARS AND OLDER 1 $150.00 99401 PREVENTIVE COUNSELING; APPROXIMATELY 15 MINUTES 1 $42.00 99402 PREVENTIVE COUNSELING; APPROXIMATELY 30 MINUTES 1 $70.00 99403 PREVENTIVE COUNSELING; APPROXIMATELY 45 MINUTES 1 $95.00 COLLECTION OF VENOUS BLOOD 1 $6.00 781002 COMPLETE URINALYSIS (UA) 1 $5.00 81005 URINE PROTEIN & GLUCOSE 1 $5.00 82962 RANDOM BLOOD SUGAR 1 $6.00 83051 HEMOGLOBIN 1 $12.00 83655 LEAD SCREEN 1 $15.00 84702 PREGNANCY TEST 1 $35.00 87070 THROAT CULTURE 1 $12.00 87177 OVA & PARISITE 1 $13.00 87491 GC/CHL AMPLIFIED 1 $28.00 88142 PAP SMEAR (ROUTINE) $24.00 LAF IN-HOUSE LAB PROCESSING FEE 1 $10.00 710217-o GIC EXAMINATION, CHEST, TWO VIEWS, FRONTAL AND LATERAL; CHEST X-RAY 1 $35.00 99201 TRAVEL CLINIC RN/LPN CONSULTATION 1 $50.00 GSPF HYSICAL EXAM AND -OR COLLEGE IMMUNIZATION FORMS / PATIENT REQUEST 1 $4.00 IMMREC COPY OF IMMUNIZATION ON RECORD - EXPEDITE PROCESS (FLORIDA SHOTS) 1 $5.00 680 680 SCHOOL FORM - EXPEDITE PROCESS NOT ASSOCIATED WITH CLINIC VISIT I PATIENT REQUEST 1 $5.00 STD ENCOUNTER STD TESTING WALK-IN SELF -PAY 1 $25.00 •STDEPI ENCOUNTER STD / HEPATITIS TESTING WALK-IN SELF -PAY 1 $40.00 MPRR COPIES OF MEDICAL RECORD (PER PAGE) 1 $1.00 99401 HIV PRE -TEST (ANONYMOUS) 1 $42.00 99402 HIV PRE -TEST (ANONYMOUS) 1 $0.00 Codes not listed will be paid at 150% to 200% of Medicare or Medicaid r R c 0 U c m E L a m t m 2 ti 0 N 0 N U_ LO M L 0 U c aD E 1r R a aD t r a� 2 T 0 N LL is U 00 c a� s R r a PRICES NOT VALID MORE THAN ONE YEAR FROM EFFECTIVE DATE Packet Pg. 63 8.C.1.a Florida Department of Health in St. Lucie FAMILY PLANNING PROGRAM Detailed Benefit Schedule Effective: Friday, July 01, 2016 ie ounty x SOME '1 1 1' INITIAL FP EXAM (AGE 5-11) $159.25 99383 1 $0.00 $27.07 $52.55 $79.63 $106.70 $132.18 $159.25 INITIAL FP EXAM (AGE 12-17) $159.25 99384 $0.00 $27.07 $52.55 $79.63 $106.70 $132.18 $159.25 INITIAL FP EXAM (AGE 18-39) $159.25 99385 $0.00 $27.07 $52.55 $79.63 $106.70 $132.18 $159.25 INITIAL FP EXAM (AGE 40-64) $159.25 99386 $0.00 $27.07 $52.55 $79.63 $106.70 $132.18 $159.25 ANNUAL FP EXAM (AGE 5-11) $159.25 99393 $0.00 $27.07 $52.55 $79.63 $106.70 $132.18 $159.25 ANNUAL FP EXAM (AGE 12-17 $159.25 99394 $0.00 $27.07 $52.55 $79.63 $106.70 $132.18 $159.25 ANNUAL FP EXAM (AGE 18-39) $159.25 99395 $0.00 $27.07 $52.55 $79.63 $106.70 $132.18 $159.25 ANNUAL FP EXAM (AGE 40-64) $159.25 99396 $0.00 $27.07 $52.55 $79.63 $106.70 $132.18 $159.25 PREGNANCY TEST $35.001 81025 $0.00 $5.95 $11.55 $17.50 $23.45 $29.05 $35.00 FP VISIT CHANGE OF BIRTH CONTROL - PHYSICIAN $80.00 99213 $0.00 $13.60 $26.40 $40.00 $53.60 $66.40 $80.00 COUNSELING FP ONLY - NURSING $95.00 99403 $0.00 $16.15 $31.35 $47.50 $63.65 $78.85 $95.00 IUD INSERTION $190.00 58300 $0.00 $32.30 $62.70 $95.00 $127.30 $157.70 $190.00 IUD REMOVAL $75.00 58301 $0.00 $12.75 $24.75 $37.50 $50.25 $62.25 $75.00 INJECT CONTRACEPTIVE (DEPO PROVERA 150mg/ml) 1 $28.50 J1050 $0.00 $4.85 $9.41 $14.25 $19.10 $23.66 $28.50 FP NURSING VISrf 1 $80.00 99211 1 $0.00 $13.601 $26.40 $40.00 $53.601 $66,40 $80.00 c ...•.:Y'1r f�S, .... ,.y ..;e.,d.. x.u.,k,�xL. ,.x't'-j�$t "v.';¢c..�.'a,. '-,•.`�7.!.a:.^F.�'���' . !`. .�c''�"4b,,.i.a c,>°{��a. '. c ...•.:Y'1r f�S, .... ,.y ..;e.,d.. x.u.,k,�xL. ,.x't'-j�$t "v.';¢c..�.'a,. '-,•.`�7.!.a:.^F.�'���' . !`. .�c''�"4b,,.i.a c,>°{��a. '. - .,y,cP?,g P'uvey.l,rct -^�: f• , .�r'F`:;i.L,-•'t'".3 i a`'r�"•�,Fi"3 i0 i�ET�u •�C.r%t^� � >l. '?.N. ram!�,.s,.lz::-.rV Bn,"z..' e f�cr-r7a.�. .`•1�_<c. .tx-f. r . ERCIZA• llFee C. :y�.,,�rt.; T:i.S�rr'"Na.�;s°t-. � Fl;FeneTQ yo/ •l"Y.. ".tS!+.4• 83o/ot 1,00 ou ,1 •Signing 11.1 11 ��,• 11 PPE-STERI THYSICAL, CLINICIAN ���. 1 11 �� •. 1 • 1 Packet Pg. 64 8.C.1.a DEP ENVFEES EFF 10-15 DESCRIPTION -.Environmental Fee Schedule ., FEE ORG� ;. EO OBJECT REVENUE OCA GL FUND DEPOSIT-`CI56-.. DATE:' AMOUNT.. AMOUNT AMT. �` _CODE CODE ..'CATEGORY 'CODE GF-SF-FID ONSITE SEWAGE DISPOSAL PROGRAM (OSTDS) EH ITEM # OSTDS Surcharge (COUNTY) 1 $ 15.00 $ 15.00 63-361 EL 001094 000121 ENVLF 61300 20-2-141001 County Surcharge/New System 2 $ 100.00 $ 100.00 63-361 EL 001094 000121 ENVLF 61300 20-2-141001 OSTDS Application for permitting 3 $ 100.00 $ 94.00 63-361 EN 001092 000121 ENVFE 61300 20-2-141001 Transfer to headquarters $ 6.00 63-399 ST 001206 000121 1 E000 61300 20-2-141001 Site evaluation 4 $ 115.00 $ 108.10 63-361 EN 001092 000121 ENVFE 61300 20-2-141001 Transfer to headquarters $ 6.90 63-399 ST 001206 000121 1 E000 61300 20-2-141001 OSTDS Permit for new systems 5 $ 55.00 $ 51.70 63-361 EN 001092 000121 ENVFE 61300 20-2-141001 Transfer to headquarters $ 3.30 63-399 ST 001206 000121 1 E000 61300 20-2-141001 New system installation inspection (Initial) 6 $ 75.00 $ 70.50 63-361 EN 001092 000121 ENVFE 61300 20-2-141001 Transfer totieadquarters $ 4.50 63-399 ST 001206 000121 1E000 61300 20-2-141001 Research fee collected at CHD's transfer to HQ's 7 $ 5.00 63-399 RF 001206 000121 B9000 61300 20-2-141001 Revised Site Plan Review (COUNTY FEE) 8 $ 25.00 $ 25.00 63-361 EL 001092 000121 ENVLF 61300 20-2-141001 Septic Repair Application 9 $ 50.00 $ 47.00 63-361 EN 001092 000121 ENVFE 61300 20-2-141001 Transfer to headquarters $ 3.00 63-399 ST 001206 000121 1 E000 61300 20-2-141001 Site evaluation for a system repair 10 $ 115.00 $ 108.10 63-361 EN 001092 000121 ENVFE 61300 20-2-141001 Transfer to headquarters $ 6.90 63-399 ST 001206 000121 1E000 61300 20-2-141001 Repair permit issuance which includes inspection 11 $ 55.00 $ 51.70 63-361 EN 001092 000121 ENVFE 61300 20-2-141001 Transfer to headquarters $ 3.30 63-399 ST 001206 000121 1 E000 61300 20-2-141001 OSTDS Repair Inspection 12 $ 75.00 $ 70.50 63-361 EN 001092 1 000121 ENVFE 61300 20-2-141001 Transfer to headquarters $ 4.50 63-399 1 ST 001206 000121 1E000 61300 20-2-141001 Existing System Application 13 $ 35.00 $ 32.90 63-361 EN 001092 000121 ENVFE 61300 20-2-141001 Transfer to headquarters $ 2.10 63-399 ST 001206 000121 1E000 61300 20-2-141001 Inspection of existing system previously in use (re-eval) 14 $ 50.00 $ 47.00 63-361 EN 001092 000121 ENVFE 61300 20-2-141001 Transfer to headquarters $ 3.00 63-399 ST 001206 000121 1E000 61300 20-2-141001 OSTDS Plan Review (COUNTY FEE) 15 $ 35.00 $ 35.00 63-361 EL 001094 000121 ENVLF 61300 20-2-141001 System reinspection fee 16 $ 50.00 $ 47.00 63-361 EN 001092 000121 ENVFE 61300 20-2-141001 Transfer to headquarters $ 3.00 63-399 ST 001206 000121 1 E000 61300 20-2-141001 Septage Disposal Service 17 $ 75.00 $ 70.50 63-361 EN 001092 000121 ENVFE 61300 20-2-141001 Transfer to headquarters $ 4.50 63-399 ST 001206 000121 1E000 61300 20-2-141001 Portable/Temp. Service 18 $ 75.00 $ 70.50 63-361 EN 001092 000121 ENVFE 61300 20-2-141001 Transfer to headquarters $ 4.50 63-399 ST 001206 000121 1 E000 61300 20-2-141001 Additional charge per pumpout 19 $ 35.00 $ 32.90 63-361 EN 001092 000121 ENVFE 61300 20-2-141001 Transfer to headquarters $ 2.10 63-399 ST 001206 000121 1 E000 61300 20-2-141001 Holding Tank Application for permitting 20 $100.00 $ 94.00 63-361 EN 001092 000121 ENVFE 61300 20-2-141001 Transfer to headquarters 1 $ 6.00 63-399 ST 001206 000121 1E000 61300 20-2-141001 8/25/2016 Packet Pg. 65 Q 8.C.1.a DEP ENVFEES EFF 10-15 DESCRIPTION-; Environmental Fee Schedule FEE ORG EO OBJECT REVENUE OCA GL FL DEPOSIT - CI56- DATE: AMOUNT `AMOUNT . AMT. _ CODE CODE CATEGORY CODE` GFSF-FID Holding Tank Permit 21 $ 55.00 $ 51.70 63-361 EN 001092 000121 ENVFE 61300 20-2-141001 Transfer to headquarters $ 3.30 63-399 ST 001206 000121 1 E000 61300 20-2-141001 I/M Annual operating permit fee 22 $ 150.00 $ 141.00 63-361 EN 001092 000121 ENVFE 61300 20-2-141001 Transfer to headquarters $ 9.00 63-399 ST 001206' 000121 1 E000 61300 20-2-141001 Operating Permit for Aerobic Treatment (ATU) 23 $ 100.00 $ 94.00 63-361 EN 001092 000121 ENVFE 61300 20-2-141001 Transfer to headquarters $ 6.00 63-399 ST 001206 000121 1E000 61300 20-2-141001 Aerobic Treatment - Maintenance entity permit 24 $ 25.00 $ 23.50 63-361 EN 001092 000121 ENVFE 61300 20-2-141001 Transfer to headquarters $ 1.50 63-399 ST 001206 000121 1 E000 61300 20-2-141001 Variance application (single family residence) 25 $ 200.00 $ 100.00 63-361 EN 001092 000121 ENVFE 61300 20-2-141001 Transfer to headquarters $ 100.00 63-361 CR 001092 000121 ENVFE 61300 20-2-141001 Variance application (multi -family or commercial) 26 $ 300.00 $ 150.00 63-361 EN 001092 000121 ENVFE 61300 20-2-141001 Transfer to headquarters $ 150.00 63-399 CR 001206 000121 ENVFE 61300 20-2-141001 OSTDS Fines 27 Varies Varies 63-361 EN 012020 001200 ENVFE 61600 20-2-141001 Application for system abandonment permit 28 $ 50.00 $ 47.00 63-361 EN 001092 000121 ENVFE 61300 20-2-141001 Transfer to headquarters $ 3.00 63-399 ST 001206 000121 1 E000 61300 20-2-141001 OSTDS Late Fee 29 $ 50.00 $ 50.00 63-361 EL 001094 000121 ENVLF 61300 20-2-141001 Inspection (Final Inspection) 30 $ 50.00 $ 47.00 63-361 1 EN 001092 000121 ENVFE 61300 20-2-141001 Transfer to headquarters $ 3.00 63-399 ST 001206 000121 1 E000 61300 20-2-141001 Amendments to operating permit 31 $ 50.00 $ 47.00 63-361 EN 001092 000121 ENVFE 61300 20-2-141001 Training fee collected at CHD's transfer to HQ's 32 $ 5.00 1 63-399 TC 001206 000121 SEWTN 61300 20-2-141001 GROUP CARE Late Fee 34 $ 50.00 $ 50.00 63-351 EL 001094 000121 ENVLF 61300 20-2-141001 Group Care 1 Inspection Residential 35 $ 55.00 $ 55.00 63-351 EL 001094 000121 ENVLF 61300 20-2-141001 Group Care 1 Inspection Foster Homes 36 $ 55.00 $ 55.00 63-351 EL 001094 000121 ENVLF 61300 20-2-141001 Group Care 2 Inspections Private Schools 37 $ 80.00 $ 80.00 63-351 1 EL 001094 000121 ENVLF 61300 20-2-141001 Group Fines 38 Varies 63-351 EL 012020 000121 ENVLF 61300 20-2-141001 DRINKING WATER Water Surcharge 43 $ 15.00 $ 15.00 63-357 _EL 001094 000121 ENVLF 61300 20-2-141001 Annual Operating Permit-LU New System 44 $ 90.00 $ 81.00 63-357 EN 001020 000121 ENVFE 61300 20-2-141001 Transfer to headquarters $ 9.00 63-399 1 64 001206 1 000121 M5000 61300 20-2-141001 Annual Operating Permit-LU Renewal/Existing 45 $ 90.00 $ 81.00 63-357 EN 001020 000121 ENVFE 61300 20-2-141001 Transfer to headquarters $ 9.00 63-399 64 001206 000121 M5000 61300 20-2-141001 Limited Use Commercial Registered System 46 $ 15.00 $ 15.00 63-357 EN 001092 000121 ENVFE 61300 20-2-141001 Annual Permit for Family Day Care 47 $ 30.00 $ 30.00 63-357 EN 001092 000121 JENVFE 61300 20-2-141001 8/25/2016 Packet Pg. 66 Q 8.C.1.a DEP ENVFEES EFF 10-15 DESCRIPTION -Environmental Fee Schedule,, FEE' ORG `EO :OBJECT REVENUE. O.CA GL., FUND: DEPOSIT.-'CI56-,.. DATE AMOUNT: AMOUNT AMT. CODE CODE CATEGORY CODE GF=SF-FID Water Service Package 48 $195.00 $ 195.00 63-357 EL 001094 000121 ENVLF 61300 20-2-141001 Water Sample -Bacteria (County fee) (Lab Fee) 49 $ 25.00 $ 25.00 63-357 -EL 001094 000121 ENVLF 61300 20-2-141001 Water Sample -Chemical 50 $ 75.00 $ 75.00 63-357 EL 001094 000121 ENVLF 61300 20-2-141001 Chemical Test Standard (5-10 business days) 51 $ 210.00 $ 210.00 63-357 EL 001094 000121 ENVLF 61300 20-2-141001 Chemical Test (Rush) 52 $ 255.00 $ 255.00 63-357 EL 001094 000121 ENVLF 61300 20-2-141001 Bacterial Sample Collection 56 $• 50.00 $ 50.00 -63-357 EN 001094 000121 ENVFE 61300 20-2-141001 Combined Bateria & Chemical Sample Collection 57 $ 70.00 $ 70.00 63-357 EN 001094 000121 ENVFE 61300 20-2-141001 Chemical Sample Collection 58 $ 60.00 $ 60.00 63-357 EN 001094 000121 ENVFE 61300 20-2-141001 Reinspection Fee 59 $ 40.00 $ 40.00 63-357 EN 001092 000121 ENVFE 61300 20-2-141001 Variance 60 $ 50.00 63-357 EN 001092 000121 ENVFE 61300 20-2-141001 Limited Use Fines 61 Varies 63-357 EN 012020 000121 ENVFE 61300 20-2-141001 WELL FEES Site Visit 66 $ 50.00 $ 50.00 63-359 EL 001094 000121 ENVLF 61300 20-2-141001 Change of Well Driller 67 $ 50.00 $ 50.00 63-359 EL 001094 000121 ENVLF 61300 20-2-141001 Well Construction Permit (excluding pubic wells) 68 $ 115.00 $ 115.00 63-359 EL 001094 000121 ENVLF 61300 20-2-141001 Well Construction Permit- Public 69 $ 300.00 $ 300.00 63-359 EL 001094 000121 ENVLF 61300 20-2-141001 Well Construction - 2 or more monitor, gang, sandpoint wells / permit. 70 $ 230.00 $ 230.00 63-359 EL 001094 000121 ENVLF 61300 20-2-141001 Abandonment Permit - Single well submission 71 $ 50.00 $ 50.00 63-359 EL 001094 000121 ENVLF 61300 20-2-141001 Abandonment Permit - 2 or more monitor, gang, sandpoint wells / permit 72 $100.00 $ 100.00 63-359 EL 001094 000121 ENVLF 61300 20-2-141001 Well Repair 77 $ 75.00 $ 75.00 63-359 EL 001094 000121 ENVLF 61300 20-2-141001 Reinspection 79 $ 65.00 $ 65.00 63-359 EL 001094 000121 ENVLF 61300 20-2-141001 Variance 80 $ 65.00 $ 65.00 63-359 EL 001094 000121 ENVLF 61300 20-2-141001 Well Revision 81 $ 25.00 $ 25.00 63-359 EL 001094 000121 ENVLF 61300 20-2-141001 Fines 82 Varies 63-359 EL 012020 001200 ENVLF 61600 20-2-141001 MIGRANT LABOR CAMPS Migrant Surcharge 95 $ 15.00 $ 15.00 63-352 EL 001094 000121 ENVLF 61300 20-2-141001 Annual permit for facilities with 5-50 occupants 96 $125.00 $ 125.00 63-352 EN 001020 000121 ENVFE 61300 20-2-141001 Annual permit for facilities with 51-100 occupants 97 $ 225.00 $ 225.00 63-352 EN 001020 000121 ENVFE 61300 20-2-141001 Annual permit for facilities with over 100 occupants 98 $ 500.00 $ 500.00 63-352 EN 001020 000121 ENVFE 61300 20-2-141001 Migrant Late Fee 99 $ 50.00 $ 50.00 63-352 EL 001094 001200 ENVLF 61600 20-2-141001 Migrant Fine 100 Varies 63-352 EN 012020 001200 ENVFE 61600 20-2-141001 MOBILE HOME & RECREATIONAL VEHICLE PARKS Surcharge 105 $ 15.00 $ 15.00 63-354 EL 001094 000121 ENVLF 61300 20-2-141001 Annual permit for 5 to 25 spaces 106 $ 100.00 $ 92.00 63-354 EN 001020 000121 ENVFE 61300 20-2-141001 Transfer to headquarters 1 $ 8.00 63-399 MP 001206 000121 UQ000 61300 20-2-141001 8/25/2016 Packet Pg. 67 C d E L R sZ O 0 t .r R O 2 ti 0 N to 0 N U_ U co C d E t v R r r Q 8.C.1.a DEP ENVFEES EFF 10-15 DESCRIPTION— Environmental Fee Schedule `. FEE - `: ORG EO . OBJECT .REVENUE OCA `.GL - FUND: ;DEPOSIT-CI56- DATE. _ AMOUNT AMOUNT AMT. CODE :CODE CATEGORY CODE GF-SF-FID Annual permit for 25 to 149 spaces 107 $ 4.00 space 63-354 EN 001020 000121 ENVFE 61300 20-2-141001 Transfer to headquarters 8% 63-399 MP 001206 000121 UQ000 61300 20-2-141001 Annual permit for 150 and above spaces 108 $ 600.00 $ 552.00 63-354 EN 001020 000121 ENVFE 61300 20-2-141001 Transfer to headquarters $ 48.00 63-399 MP 001206 000121 UQ000 61300 20-2-141001 Mobile Home Late Fee 109 $ 50.00 $ 50.00 63-354 EL 001094 000121 ENVLF 61300 20-2-141001 Mobile Home Fine 110 Varies Varies 63-354 EN 012020 001200 ENVFE 61600 20-2-141001 PUBLIC SWIMMING POOLS AND BATHING PLACES Pool Surcharge 115 $ 15.00 $ 15.00 63-360 EL 001094 000121 ENVLF 61300 20-2-141001 Annual Permit- More than 25,000 gallons 116 $ 250.00 $ 230.00 63-360 EN 001020 000121 ENVFE 61300 20-2-141001 Transfer to headquarters $ 20.00 63-399 1 SM 001206 000121 K3000 61300 20-2-141001 Annual Permit- Up to (and including) 25,000 gallons 117 $ 125.00 $ 115.00 63-360 EN 001020 000121 ENVFE 61300 20-2-141001 Transfer to headquarters $ 10.00 63-399 SM 001206 000121 K3000 61300 20-2-141001 Annual Permit- Up to'(and including) 25,000 gallons (SPA) 118 $ 125.00 $ 115.00 63-360 EN 001020 000121 ENVFEI 61300 20-2-141001 Transfer to headquarters $ 10.00 63-399 SM 001206 000121 K3000 61300 20-2-141001 Exempted Condo Pools (over 32 units) 119 $ 50.00 $ 46.00 63-360 1 EN 001020 000121 ENVFE 61300 20-2-141001 Transfer to headquarters $ 4.00 63-399 SM 001206 000121 K3000 61300 20-2-141001 Late Fees 120 $ 50.00 $ 50.00 63-360 EL 001094 001200 ENVLF 61600 20-2-141001 Pool Fines 121 Varies 63-360 EN 012020 00.1200 ENVFE 61600 20-2-141001 Initial Operating Permit 123 $150.00 $ 150.00 63-360 EN 001092 000121 ENVFE 61300 20-2-141001 Variance Application 124 $ 300.00 $ 276.00 63-360 EN 001092 000121 ENVFE 61300 20-2-141001 Transfer to headquarters $ 24.00 63-399 SM 001206 000121 K3000 61300 20-2-141001 Non Compliance Inspection 125 $ 65.00 $ 65.00 63-360 EL 001094 000121 ENVLF 61300 20-2-141001 WATER POLLUTION CONTROL SERVICES Club Med, North Fork 122 Varies 63-370 EL 012020 001200 ENVLF 61600 20-2-141001 BIOMEDICAL WASTE GENERATORS Bio Surcharge 126 $ 15.00 $ 15.00 63-364 EL 001094 000121 ENVLF 61300 20-2-141001 Used Needle/Sharps Disposal (County Fee) 127 $ 5.00 $ 5.00 63-364 EL 001094 000121 ENVLF 61300 20-2-141001 Initial permit Generator 128 $ 85.00 $ 85.00 63-364 EN 001020 000121 ENVFE 61300 20-2-141001 Initial permit Storage Facility 129 $ 85.00 $ 85.00 63-364 EN 001020 000121 ENVFE 61300 20-2-141001 Initial permit Transporter (1 vehicle) 130 $ 85.00 $ 85.00 63-364 EN 001020 000121 ENVFE 61300 20-2-141001 Initial permit Treatment Facility 131 $ 85.00 $ 85.00 63-364 EN 001020 000121 ENVFE 61300 20-2-141001 Transporter Vehicles 132 $ 10.00 Vehicle 63-364 EN 001020 000121 ENVFE 61300 20-2-141001 Biomed Late Fee 133 $ 20.00 $ 20.00 63-364 EN 001094 001200 ENVFE 61600 20-2-141001 Biomed Fines 134 Varies 63-364 EN 012020 000121 ENVFE 61300 20-2-141001 c d E O Q N 0 t m d 2 ti 0 N w r 0 N U- u7 It- R L O U C O E L co O. O t Cu O 2 It - CD 0 N LL iv U 00 C N E t v O Q 8/25/2016 Packet Pg. 68 8.C.1.a DEP ENVFEES EFF 10-15 DESCRIPTION=;Environmental Fee Schedule _ " FEE. .. 0RG EO r,OBJECT REVENUE` 'OCA `• GL ::FUND DEPOSIT:-Ci56- DATE: AMOUNT. AMOUNT" AMT., -CODE CODE CATEGORY" CODE, ,GFSF=FIO " Tattooing Tattoo Surcharge 139 15.00 15.00 63-344 EL 001094 000121 ENVLF 61300 20-2-141001 Initial/Annual Establishment License 140 200.00 180.00 63-344 EN 001020 000121 ENVFE 61300 20-2-141001 Transfer to headquarters 20.00 63-399 TA 001206 000121 TATTO 61300 20-2-141001 Temporary Establishment License 141 200.00 180.00 63-344 EN 001020 000121 ENVFE 61300 20-2-141001 Transfer to headquarters 20.00 63-399 TA 001206 000121 TATTO •61300 20-2-141001 Tattoo Artist License & Renewal 142 60.00 54.00 63-344 EN 001020 000121 ENVFE 61300 20-2-141001 Transfer to headquarters 6.00 63-399 TA 001206 000121 TATTO 61300 20-2-141001 Guest Tattoo Initial & Annual Artist Registration 143 35.00 31.50 63-344 EN 001020 000121 ENVFE 61300 20-2-141001 Transfer to headquarters 3.50 63-399 TA 001206 000121 TATTO 61300 20-2-141001 Reactivation of Tattoo Establishment License (Late Fee) 144 75.00 75.00 63-344 EN 001020 000121 ENVFE 61300 20-2-141001 Reactivation of Tattoo Artist License (Late Fee) 145 25.00 25.00 63-344 EN 001020 000121 ENVFE 61300 20-2-141001 Tattoo Fines 146 Varies 63-344 EN 012020 001200 ENVFE 61600 20-2-141001 BODY PIERCING Body Pierce Surcharge 151 $ 15.00 $ 15.00 63-349 EL 001094 000121 ENVLF 61300 20-2-141001 Annual license fee 152 150.00 $ 135.00 63-349 EN 001020 000121 ENVFE 61300 20-2-141001 Transfer to headquarters $ 15.00 63-399 IE 001206 000121 PIERS 61300 20-2-141001 Temporary Establishment 153 $ 75.00 $ 67.50 63-349 EN 001020 000121 ENVFE 61300 20-2-141001 Transfer to Headquarters $ 7.50 63-399 IE 001206 000121 PIERS 61300 20-2-141001 Late Fee 154 $100.00 $ 100.00 63-349 EN 001094 001200 ENVFE 61600 20-2-141001 Body Piercing Fines 155 Varies 63-349 EN 012020 001200 ENVFE 61600 20-2-141001 TANNING FACILITIES Tanning Surcharge 160 $ 15.00 $ 15.00 63-369 EL 001094 000121 ENVLF 61300 20-2-141001 Annual license fee (1 device) 161 150.00 $ 135.00 63-369 EN 001020 000121 ENVFE 61300 20-2-141001 Transfer to headquarters $ 15.00 63-399 TN 001206 000121 R9000 61300 20-2-141001 Annual license fee (2 devices) 162 $ 205.00 $ 184.50 63-369 1 EN 001020 000121 ENVFE 61300 20-2-141001 Transfer to headquarters $ 20.50 63-399 TN 001206 000121 R9000 61300 20-2-141001 Annual license fee (3 devices) 163 $ 260.00 $ 234.00 63-369 EN 001020 000121 ENVFE 61300 20-2-141001 Transfer to headquarters $ 26.00 63-399 TN 001206 000121 R9000 61300 20-2-141001 Annual license fee (4 or more devices) 164 $ 315.00 $ 283.50 63-369 EN 001020 000121 ENVFE 61300 20-2-141001 Transfer to Headquarters $ 31.50 63-399 TN 001206 000121 R9000 61300 20-2-141001 Tanning Late Fee 165 $ 25.00 $ 25.00 63-369 EN 001094 000120 ENVFE 61600 20-2-141001 Tanning Fines 166 Varies 63-369 EN 012020 000120 ENVFE 61600 20-2-141001 FOOD ESTABLISHMENTS Food Surcharge 171 $ 15.00 $ 15.00 63-348 EL 001094 1 000121 ENVLFj 61300 20-2-141001 8/25/2016 Packet Pg. 69 U 00 C d E t v m r Q 8.C.1.a DEP ENVFEES EFF 10-15 DESCRIPTION= Erivironmental Fee Schedule FEE, ORG :. ` EO OBJECT. REVENUE. OCA GL FUND DEPOSIT - C156-.. DATE: AMOUNT AMOUNT AMT. CODE : CODE = CATEGORY CODE ' - GF-SF-FID Annual Permit for Catering Service 172 $180.00 $ 165.60 63-348 EN 1 001020 000121 ENVFE 61300 20-2-141001 Transfer to headquarters $ 14.40 63-399 FP 001206 000121 10000 61300 20-2-141001 Annual Permit for Mobile Food Unit 173 $ 180.00 $ 165.60 63-348 EN 001020 000121 ENVFE 61300 20-2-141001 Transfer to headquarters $ 14AO 63-399 FP 001206 000121 10000 61300 20-2-141001 Annual Permit for Vending Machine Dispense 174 $ 85.00 $ 78.20 63-348 EN 001020 000121 ENVFE 61300 20-2-141001 Transfer to headquarters $ 6.80 63-399 FP 001206 000121 10000 61300 20-2-141001 Temporary Event for Food Service for Sponsor 175 $100.00 $ 100.00 63-348 EN 001092 000121 ENVFE 61300 20-2-141001 Temporary Event for Food Service/Booth w/o Certificate 176 $ 50.00 $ 50.00 63-348 EN 001092 000121 ENVFE 61300 20-2-141001 Plan Review 177 $ 40.00 $ 40.00 63-348 EN 001092 000121 ENVFE 61300 20-2-141001 Beverage Sign Off 178 $ 30.00 $ 30.00 63-348 EN 001092 000121 ENVFE 61300 20-2-141001 Annual Permit for Residential Facilities 179 $135.00 $ 124.20 63-348 EN 001020 000121 ENVFE 61300 20-2-141001 Transfer to headquarters $ 10.80 63-399 FP 001206 000121 10000 61300 20-2-141001 Annual Permit for Schools Cafeteria (9 mths and less) 180 $170.00 $ 156.40 63-348 EN 001020 000121 ENVFE 61300 20-2-141001 Transfer to headquarters $ 13.60 63-399 FP 001206 000121 10000 61300 20-2-141001 Annual Permit for Schools Cafeteria (more than 9 mths) 181 $ 200.00 $ 184.00 63-348 EN 001020 000121 ENVFE 61300 20-2-141001 Transfer to headquarters $ 16.00 63-399 FP 001206 000121 10000 61300 20-2-141001 Annual Permit for Movie Theaters 182 $ 190.00 $ 174.80 63-348 EN 001020 000121 ENVFE 61300 20-2-141001 Transfer to headquarters $ 15.20 63-399 FP 001206 000121 1 10000 61300 20-2-141001 Annual Permit Other Food Service 183 $190.00 $ 174.80 63-348 EN 001020 000121 ENVFE 61300 20-2-141001 Transfer to headquarters $ 15.20 63-399 FP 001206 000121 10000 61300 20-2-141001 Annual Permit for Limited Food Service 184 $110.00 $ 101.20 63-348 EN 001020 000121 ENVFE 61300 20-2-141001 Transfer to headquarters $ 8.80 63-399 FP 001206 000121 10000 61300 20-2-141001 Annual Permif for Fraternal/Civic 185 $190.00 $ 174.80 63-348 EN 001020 . 000121 ENVFE 61300 20-2-141001 Transfer to headquarters $ 15.20 63-399 FP 001206 000121 10000 61300 20-2-141001 Annual Permit for Jails/Prisons 186 $ 250.00 $ 230.00 63-348 EN 001020 000121 ENVFE 61300 20-2-141001 Transfer to headquarters $ 20.00 63-399 FP 001206 000121 10000 61300 20-2-141001 Annual Permit for Bars/Lounge (Drink Service Only) 187 $190.00 $ 174.80 63-348 EN 001020 000121 ENVFE 61300 20-2-141001 Transfer to headquarters $ 15.20 63-399 FP 001206 000121 10000 61300 20-2-141001 Request for Inspection 188 $ 46.00 $ 40.00 63-348 EN 001092 000121 ENVFE 61300 20-2-141001 Food Late Fee 189 $ 25.00 $ 25.00 63-348 EN 001094 000121 ENVFE 61600 20-2-141001 Food Fines 190 Varies 63-348 EN 012020 001200 ENVFE 61600 20-2-141001 OTHER Hazardous waste sign off (County Fee) 195 $ 10.00 $ 10.00 63-300 EL 001094 000121 ENVLF 61300 20-2-141001 Copies 196 .15 ea. .15 ea. 63-300 EL 010400 001094 ENVLF 61300 20-2-141001 RETURNED CHECK FEE 197 $ 25.00 $ 25.00 63-300 EL 1 012021 001200 ENVLF 61600 20-2-141001 8/25/2016 Packet Pg. 70 r Q 8.C.1.a DEP ENVFEES EFF 10-15 DESCRIPTION= Environmental Fee ScheduleFEE • " . -ORG EO .OBJECT. REVENUE OCA ; GL FUND 'DEPOSIT - CI56- DATE:' AMOUNT AMOUNT AMT. CODE CODE CATEGORY -CODE GF-SF-FID Cash Short/Over TOTAL TO BE DEPOSITED 8/25/2016 Packet Pg. 71 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: SIIRIFCT- BACKGROUND: Heather Young, Asst. County Attorney County Attorney 8.C.2 ITEM NO. (ID # 3752) DATE: 09/20/2016 *CONSENT AGENDA\COUNTY ATTORNEY LEGISLATIVE Animal Impoundment Services - 2016-2017 Agreement with St. Lucie County Humane Society, Inc. Attached to this agenda item is a proposed agreement with Humane Society of St. Lucie County, Inc. for animal impoundment services through and including September 30, 2017. These services include care and shelter for animals (other than wildlife and livestock) delivered to the Humane Society by County staff and residents of the unincorporated areas, quarantine of animals involved in bite cases, and the cremation and disposal of cremains of up to one hundred (100) small wildlife. The Humane Society will provide a monthly report showing the number of animals delivered to its shelters by County staff and residents of the unincorporated areas during the previous month including the names and addresses of residents who drop off animals as well as those to whom animals are returned. The cost for all services for Fiscal Year 2016-17 will be a lump sum of two hundred twenty-five thousand and 00/100 dollars ($225,000.00) which shall be due on or before November 1, 2016. PREVIOUS ACTION: On December 20, 2011, the County entered into an agreement with Humane Society of St. Lucie County, Inc. to provide animal impoundment services to the Animal Control Division and St. Lucie County residents. The Agreement was amended on September 18, 2012, November 18, 2014, and September 15, 2015. FINANCIAL IMPACT: Funds have been included in the proposed FY16-17 budget for this expenditure. RECOMMENDATION: Staff recommends the Board approve the proposed agreement with St. Lucie County Humane Society, Inc., and authorize the Chairman to sign the agreement. COMMISSION ACTION: Packet Pg. 72 8.C.2 Coordination/Signatures ' 'ianie/S. McIntyre, C my ttorney 9/2/2016 Updated: 9/14/2016 12:50 PM by Katrina Slay Page 2 Packet Pg. 73 8.C.2.a AGREEMENT THIS AGREEMENT made and entered into this day of 2016, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County", and the HUMANE SOCIETY OF ST. LUCIE COUNTY, INC., a not -for -profit corporation under the laws of the State of Florida, hereinafter referred to as "Humane Society". WITNESSETH: WHEREAS, the County, through the operation of its Animal Control Division (the "Division") and in the enforcement of state and local laws regulating animal control and in protection of the health, safety, and welfare of the citizens of the County, takes into custody or impounds both wild and domestic animals; and WHEREAS, the Humane Society has the ability to provide facilities for the impoundment of such animals and the provision of other services to the County's Animal Control Division, as well as to the residents of the County; and WHEREAS, the parties agree to mutually cooperate for the purpose of controlling animals within the County. NOW, THEREFORE, in consideration of the premises and mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, it is mutually understood and agreed as follows: 1. The Humane Society shall be the exclusive provider of shelter, board and care or all animals, other than livestock and wildlife, picked up within the jurisdiction of the Division or received from the residents of the unincorporated area of the County and delivered to the Humane Society by either the Division or by any resident of the unincorporated area of the County, until the animal is returned to its owner, adopted or otherwise disposed of at the discretion of the Humane Society and in accordance with state and local law. Delivery of any animal pursuant to this Agreement shall be made to the Humane Society's shelter located at 100 Savannah Road, Fort Pierce, Florida, and 8890 Glades Cut Off Road, Port St. Lucie, Florida. The Humane Society shall further provide for quarantine of all animals brought to its shelter which have been involved in a biting incident. The Humane Society shall perform decapitation of animals for rabies testing when deemed necessary by the Division. The Humane Society shall provide cremation and disposal of cremains of up to one hundred (100) small wildlife delivered to the Humane Society by County staff. 1 Packet Pg. 74 8.C.2.a v 2. The -Humane Society shall provide appropriate medical care, at its discretion, and preventative vaccinations whenever possible to impounded animals that have been delivered to its shelter by the Division or by any resident of the unincorporated areas of the County. 3. The Humane Society shall provide appropriate food, water, shelter and medical care to all animals delivered to the Humane Society pursuant to the Agreement. The Humane Society agrees to comply with the Animal Bill of Rights and Standards of Care attached hereto and incorporated herein as Exhibits "A" and "B", respectively. The Humane Society shall treat whenever possible flea and tick invasion of outer extremities of animals delivered to its shelter by the Division or by any resident of the unincorporated area of the County. 4. The Humane Society shall comply with all standards of care for shelter animals adopted by the Board of County Commissioners for animal shelters and/or kennels in the unincorporated areas of the County. This provision shall apply to all shelters operated by the Humane Society regardless of location. In addition, on or before November 1, 2016, the Humane Society shall provide the County with a copy of its standard operating procedures for its shelters. In the event the Humane Society amends or otherwise revises such procedures during the term of this Agreement, the Humane Society shall provide a copy of such amendments or revisions to the County within fifteen (15) days of their effective date. 5. The Humane Society shall provide the County with a monthly record of all animals delivered to the Humane Society's shelter by the Division and residents of the unincorporated areas of the County, and the number of animals returned to owners in the unincorporated areas of the County, including the names and addresses of the residents who drop off animals and the owners to whom the animals are returned. The monthly reports shall be produced by the Humane Society and delivered to the County on or before the fifth day of the month following the month for which the report is prepared. The report shall be adjusted by the Division on or before the fifteenth day of the month following the month for which the report is prepared. In the event of a dispute regarding the figures, the County's adjustment shall govern. 6. The term of this Agreement shall begin on October 1, 2016, and shall continue through and including September 30, 2017, unless otherwise terminated as provided under Paragraph 12 of this Agreement. 7. For and in consideration for the shelter services performed by the Humane Society in accordance with this Agreement, the County shall compensate the Humane Society in two hundred twenty-five thousand and 00/100 dollars ($225,000.00) for all services rendered pursuant to this Agreement. Payment shall be due on or before November 1, 2016. In the event of early termination as provided in Paragraph 12 of this Agreement, the Humane Society shall refund the pro rata amount of the lump sum payment to the County based upon a 2 Packet Pg. 75 I 8.C.2.a three hundred sixty-five (365) day term. Such refund shall be due within thirty (30) days of the effective date of the termination. 8. ; The Humane Society gives the County Administrator or her designee the right, until the expiration of three years after expenditure of funds under this Agreement, to audit the use of the monies paid hereunder. Upon ten (10) days written notice, the County, at its sole expense, shall have access to and the right to examine relevant books, documents, papers, and records of the Humane Society involving transactions related to the monies paid hereunder. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or until the expiration of three (3) years after the expenditure of the funds. 9. The Humane Society agrees to fully indemnify and hold harmless the County, its representatives, employees, elected and appointed officials from and against claims, demands, legal fees, costs of action, losses, damages or other expenses occasioned by any negligent act, conduct, error or omission by the Humane Society, its agents and employees in the performance of the Agreement. The parties acknowledge and agree that the compensation paid to the Humane Society hereunder includes consideration for such indemnification. 10. The Humane Society shall maintain the following insurance coverage during the term of this Agreement: A. Commercial General Liability: The Humane Society shall maintain and, prior to commencement of this contract, provide the County with evidence of commercial general liability insurance to include: 1) premises/operations, products/completed operations, (including XCU hazards) and personal and advertising injury for limits of not less than $1,000,000 per occurrence; 2) fire damage for limits of not less than $100,000 per occurrence; 3) medical payments for limits not less than $5,000 per person and 4) a general, per contract/project, aggregate limit of not less than $2,000,000. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non -renewal and include County as an additional insured. B. Workers' Compensation and Employers Liability: The Humane Society shall maintain and, prior to commence of this contract, provide the County with evidence of workers' compensation insurance providing Florida statutory (F.S. 440) limits to cover all employees and include Employers Liability coverage with limits of not less than $500,000 for accidents or disease. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non -renewal. 11. The Humane Society agrees to comply with all local, state and federal laws, rules 3 Packet Pg. 76 8.C.2.a 'a and regulations. 12. Either party may terminate this Agreement with or without cause upon thirty (30) days written notice to the other. 13. All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As to County: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Fort Pierce, Florida 34982 As to Humane Society: Humane Society of St. Lucie County, Inc. P.O. Box 3661 Fort Pierce, Florida 34948 With a copy to: St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Fort Pierce, Florida 34982 or to such other address as any party may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery; (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 14. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for contract modifications, the Humane Society agrees to use said forms. The Humane Society shall not delegate, sublet or subcontract any part of the work under this Agreement without first obtaining written consent of the County. 15. The Humane Society 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 it in conjunction with this Contract. Specifically, the Humane Society shall: (a) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. 4 Packet Pg. 77 8.C.2.a (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 Humane Society upon termination of the contract and destroy any duplicate public records that are exempt or confidential and, exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology system of the County. IF THE HUMANE SOCIETY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO ITS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, THE HUMANE SOCIETY SHOULD CONTACT THE COUNTY'S CUSTODIAN OF PUBLIC RECORDS AS FOLLOWS: COUNTY ATTORNEY'S OFFICE 2300 VIRIGNIA AVENUE FORT PIERCE, FL 34982. (772) 462-1441 Bella myS@stl udeco.org 16. Except as otherwise provided, this Agreement shall be binding upon and shall inure to the benefit of the parties. 17. The rights of the parties under. this Agreement shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. 18. The Humane Society represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict. in any manner with the performance of services required hereunder, as provided for in Section 112.311, Florida Statutes. The Humane Society further represents that no person having any interest shall be employed for said performance. 5 Packet Pg. 78 8.C.2.a The Humane Society shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstances which may influence or appear to influence the Humane Society's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Humane Society may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Humane Society. The County agrees to notify the Humane Society of its opinion by certified mail within thirty (30) days, of receipt of notification by the Humane Society. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Humane Society, the County shall so state in the notification and Humane Society shall, at his/her option, enter into said associations, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Humane Society under the terms of this Agreement. 19. In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non -binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the result of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 20. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District for any claims, which are justifiable in federal court. [The next pages is the signature page.] [1 Packet Pg. 79 8.C.2.a IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: Deputy Clerk ATTEST: S:\atty\agreemnt\humane society. 2016.doc 7 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: HUMANE INC. BY: County Attorney OF ST. LUCW COUNTY, Board President (SEAL) Packet Pg. 80 8.C.2.a EXHIBIT "A" Animal Bill of Rights St. Lucie County recognizes guiding principles from the American Society for the Prevention of Cruelty to Animals (ASPCA) and The Humane Society of the United States (HSUS) such as the Animal Bill of Rights and The Five Freedoms of Animals. • The Right of animals to be free from exploitation, cruelty, neglect and abuse. • The Right of laboratory animals not to be used in cruel or unnecessary experiments • The Right of farm animal to an environment that satisfies their basic physical and psychological needs. • The Right of companion animals to a healthy diet, protective shelter, and adequate medical care. • The Right of wildlife to a natural habitat, ecologically sufficient to a normal existence and self-sustaining. • The Right of animals to have their interests represented in court and safeguarded by the law of the land. The Five Freedoms of Animals • Freedom from Hunger and Thirst- by ready access to fresh water and a diet to maintain full health and vigor. • Freedom from Discomfort- by providing an appropriate environment including shelter and a comfortable resting area. • Freedom from Pain, Injury or Disease- by prevention or rapid diagnosis and treatment. • Freedom to Express Normal Behavior- by providing sufficient space, proper facilities and company of the animal's own kind. • Freedom from Fear and Distress- by ensuring conditions and treatment which avoid mental suffering. Packet Pg. 81 • Spay/neuter all adopted animals prior to transfer to adopter. • Adhere to Section 828.058, Florida Statutes, regarding euthanasia of dogs and cats. 10 Packet Pg. 82 8.C.2.a EXHIBIT "B" Standard of Care for Animals As quoted from the American Society for the Prevention of Cruelty to Animals (ASPCA), "Animals are entitled to kind and respectful treatment by humans, and this is not to be left to the compassionate impulses of humans but is an entitlement that must be protected under the law". In accordance with the 2006 agreement, as amended, between St. Lucie County and the Humane Society of St..Lucie County listed are the current services/care summarized with additional expectations for the 2011 agreement: • Provide shelter, board and care for all animals other than livestock and wildlife picked up within the jurisdiction of the Division (St. Lucie County Animal Control) or received from the residents of the unincorporated area of the County and delivered to the Humane Society by either the Division or by any resident of the unincorporated area of the County, until the animal is returned to its owner, adopted, or otherwise disposed of at the discretion of the Humane Society and in accordance with state and local law. • Provide for quarantine of all animals brought to the shelter which have been involved in a biting incident. • Provide appropriate medical care, at its discretion, and preventive vaccinations whenever possible to impounded animals that have been delivered to its shelter by the Division or by any resident of the unincorporated areas of the County. • Treat whenever possible flea and tick invasion of outer extremities of animals delivered to its shelter by the Division or by any resident of the unincorporated area of the County. Additional expectations: • Adequate training and/or certifications provided to shelter workers required to perform euthanasia in accordance with Florida State Laws relating to animals through the Florida Animal Control Association (FACA) and Association of Shelter Veterinarians (ASV). • Acceptance of a Professional Standards Committee, to be determined at a future date, to assess shelter operations at random during normal business hours and after hour operations. • Adhere to proper sanitation and disinfection practices defined by the ASV, ASPCA, and /or The Humane Society of the United States (HSUS). • Recognize the Animal Bill of Rights. • Recognize The Five Freedom of Animals. 01 Packet Pg. 83 8.C.3 ITEM NO. (ID # 3708) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Mark Godwin, Criminal Justice Coordinator Criminal Justice Division DATE: 09/20/2016 *CONSENT AGENDA\COUNTY ATTORNEY Amended Interlocal Agreement for Expansion of Pretrial Services between St. Lucie and Okeechobee County Staff will be requesting that the Okeechobee County Board of County Commissioners approve the Amended Interlocal Agreement for Pretrial Services between Okeechobee County and St. Lucie County for a one year term commencing on October 1, 2016, and ending on September 30, 2017 in the amount of $20,000 quarterly. PREVIOUS ACTION: The Board of County Commissioners in St. Lucie County approved the establishment of the Pretrial Supervision Program in 2007. The Program has operated for the past nine (9) years, with approximately 6,100 cases ordered for supervision during that time. The Program was initially started strictly for "pretrial supervision", as an alternative to jail incarceration. The Program provides the Court with options for supervision of defendants pending disposition of criminal cases both in County and Circuit Court. While the jail over -crowding was one factor that was of main concern at the time, the cost of jail medical care and treatment was becoming a major concern. Allowing specific defendants to be released under restrictive conditions to continue medical treatment or surgery, provided for savings to both the County and the Jail (with the defendants using their own insurance or resources). Furthermore, defendants on the program keep their jobs, provide for their families and, at times, receive treatment and care for substance abuse, medical and mental health issues. During 2015, 693 new St. Lucie County Defendants entered the Program, with 200 carry-overs from the 2015 year, for a total of 893 defendants supervised. There were over 3,350 drug tests ordered for the year and 7,327 field/residence checks done. The Program continues to use GPS and enhanced supervision for release of medical cases from the jail (to reduce the cost to the County for on -going treatment, surgical procedures and terminal defendants). Approximately 72,662 "bed days" were saved at the rate of $60 per day (without medical), at a projected savings of over $4,359,720.00. The daily GPS cost per Packet Pg. 84 8.C.3 unit is now $3.50 (down from $8.00 per day in 2007), which provides for a tremendous savings when an inmate could cost several thousand dollars a day for medical care. The number of Okeechobee Defendants that entered the program 2015/2016 has been 74 supervised individuals. Over the same time frame their have been 484 field/residence checks done. Approximately 5,645 "bed days" were saved at the rate of $70.00 per day (without medical), at a projected savings of over $394,460.00 dollars. FINANCIAL IMPACT: $80,000 for FY 16/17 in revenue to St. Lucie County in account string #107-2360-337270-200 (Okeechobee County -Pretrial Services). RECOMMENDATION: Staff recommends that the Board approve the Amended Interlocal Agreement for Pretrial Services between St. Lucie County and Okeechobee County for FY 16/17, and authorize the Chairman to sign the Interlocal Agreement. COMMISSION ACTION: Coordination/Signatures Danie 5. McIntyre, c my ttorney 9/12/2016 Updated: 9/13/2016 1:45 PM by Patty Marston-Duva Page 2 Packet Pg. 85 8.C.3.a SECOND AMENDED INTERLOCAL AGREEMENT FOR PROVISION OF PRETRIAL SERVICES THIS INTERLOCAL AGREEMENT is made this day of , 2016, by and between the BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida ("St. Lucie") and the BOARD OF COUNTY COMMISSIONERS OF OKEECHOBEE COUNTY ("Okeechobee"). WHEREAS, Okeechobee has requested St. Lucie to provide pretrial services for pretrial defendants in Okeechobee County; and, WHEREAS, St. Lucie has agreed to provide the services requested by Okeechobee in accordance with the terms set forth herein. follows: NOW, THEREFORE, in consideration of their mutual covenants and promises, the parties agree as SERVICES: A. St. Lucie shall provide services to Okeechobee as set out in Exhibit "A". BILLING; RATES; PAYMENT: A. Quarterly Charges: St. Lucie shall bill Okeechobee quarterly beginning on October 1, 2016, January 1, 2017, April 1, 2017 and on July 1, 2017, for services provided. The quarterly charge for the initial term of the Agreement is twenty thousand and 0/100 ($20,000.00) dollars per quarter. 3. STATUS OF THE PARTIES: The parties agree that St. Lucie is an independent contractor and is not an agent of Okeechobee for the purposes of this Agreement. The staff rendering the services are under the control of St. Lucie. 4. TERM; TERMINATION: The term of this Agreement shall be from October 1, 2016, through September 30, 2017, and may be extended upon mutual agreement of the parties. Either party may terminate the Agreement without cause upon no less than sixty (60) days written notice to the other party. In addition, St. Lucie may terminate this Agreement for nonpayment by Okeechobee with fifteen (15) days prior written notice. 5. NOTICES: All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to St. Lucie: St. Lucie County Administrator 2300 Virginia Avenue Third Floor, Administration Annex Fort Pierce, Florida 34982 With a copy to: St. Lucie County Attorney 2300 Virginia Avenue Third Floor, Administration Annex Fort Pierce, Florida 34982 Packet Pg. 86 8.C.3.a If to Okeechobee: Okeechobee County Administration 304 N.W. Second Street, Room #123 Okeechobee, FL 34972 With a copy to: Okeechobee County Attorney P.O. Box 968 Okeechobee, FL 34973 6. ENTIRE AGREEMENT; AMENDMENT; RECORDING: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect hereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement and any subsequent amendments thereto shall be filed with the Clerks of the Circuit Court for Okeechobee County, Florida and St. Lucie County, Florida prior to becoming effective. ATTEST: Deputy Clerk ATTEST: Deputy Clerk 6 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney BOARD OF COUNTY COMMISSIONERS OKEECHOBEE COUNTY, FLORIDA BY: Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Packet Pg. 87 8.C.3.b Exhibit "A" - Scope of Services (Pretrial Supervision for Okeechobee defendants): St. Lucie County Pretrial Program will implement and provide Global Positioning Satellite (GPS) monitoring for pre-trial defendants in Okeechobee County. The primary responsibility of St. Lucie County Pretrial is to provide complete, accurate, non -adversarial information to the courts allowing for an informed decision regarding the offender's suitability for release into the community, pending final disposition of charges. On a weekly basis the F.S. 907.043 "CITIZENS RIGHT -TO -KNOW ACT" report will be filed with the Okeechobee County Clerk's office as required by law as well as the annual F.S. 907.043 "CITIZENS RIGHT - TO -KNOW ACT" report. In addition, a monthly Bed Day and potential cost savings (in lieu of county confinement) report will be submitted to the Okeechobee County Administrator showing the savings for that particular month. Commencing on or after October 1, 2016, SLC Pretrial Supervision program will provide a minimum of 1,040 staff hours in services thru September 30. 2017. The court has the authority under section 907.041, Florida Statutes, to release an arrested person on GPS/pretrial supervision if the facts and circumstances warrant such a release; and the Florida Rule of Judicial Administration 2.050(b) (8) to administer the pre-trial release program described in this interlocal agreement. St. Lucie County Pretrial Program will be charged with the responsibility of providing adequate staff to ensure delivery of services consistent with the needs of the offender. Delivery of case management services will address the following components: • Staff will meet with the defendant upon placement/release instructing him/her on the conditions of release ensuring a thorough understanding of same. During the interview process, it will be determined if the defendant may benefit from self -betterment programs such as substance abuse or mental health treatment, employment re-training and transportation needs. • Clear and accurate case notations will be maintained and recorded for all personal and telephonic contacts. A query of Clerk of Court computer system will be conducted for new arrests and arraignment dates. Offender will be notified prior to all upcoming court dates and will be required to report to the pretrial supervision office on a regular basis. • Staff will refer the defendants for urinalysis testing as directed by the court and conduct random breath analysis for presence of alcohol. Alcohol testing may be conducted in the field. All new violations of law and non-compliance with program conditions will be reported to the court via a written affidavit and request for detention order. Staff will process all pertinent paperwork with the Clerk of the Court and Sheriff's Office. Packet Pg. 88 8.C.4 ITEM NO. (ID # 3790) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Katherine Barbieri, Asst. County Attorney County Attorney DATE: 09/20/2016 *CONSENT AGENDA\COUNTY ATTORNEY Permission to Advertise - Postponement on the Placement of Wireless Communication Facilities in Rights -of -Way With the proliferation of wireless devices and growing consumer demand for better connectivity comes increased deployment of Distributed Antenna Systems (DAS), small cells, and other equipment in our cities and towns. Industry engineers are saying that as cellular companies move away from the costly placement of large cell towers, they will be requiring the placement of tens of thousands of distributed antennae and small cell systems around communities. From the wireless carrier perspective, finding locations to install small cell facilities becomes a challenge due to zoning regulations, technical requirements, and limited real estate options. Because of the cost of site selection and placement on private properties, some of these companies are pursuing their deployments (i.e. construction of towers and placing equipment on them) in public rights of way. Unfortunately, like other technologies, this industry is moving faster than the regulatory framework to address them. These companies are pushing the boundaries of the regulations in many communities where local regulation standards are not up to date. This is a nationwide problem and has become of concern in Florida such that the Florida Association of County Attorneys (FACA) has formed a task force to study this matter and develop a strategy to address the situation. In the meantime, these companies continue to advance their agendas in communities. One such company has submitted several applications for right-of-way permits. The applications were not approved. A postponement is a temporary halt to certain development activities established for the purpose of giving a local government time to plan, consider, review, adopt and/or revise its development regulations. The Board of County Commissioners is authorized by Chapter 125, Florida Statutes, to adopt ordinances necessary for the exercise of its powers. St. Lucie County has imposed postponements in the past. Martin County just adopted a moratorium on the acceptance of applications for the approval of permits or development orders for wireless Packet Pg. 89 8.C.4 communication facilities within rights -of -way. The purpose of this postponement is to allow staff time to undertake a study of appropriate distance separation requirements, appropriate locations and other regulations of wireless communications facilities within rights -of -way. As proposed, the attached ordinance imposes a 12-month postponement on applications for, or approval of any permits or development orders for wireless communications facilities within rights -of -way. Staff recommends the Board authorize the permission to advertise Ordinance 16-XXX for public hearing before the Local Planning Agency and two (2) hearings before the Board of County Commissioners. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff requests permission to advertise a proposed ordinance for public hearing before the Local Planning Agency and two (2) hearings before the Board of County Commissioners. COMMISSION ACTION: Coordination/Signatures ianie/S.orney 9/16/2016 Updated: 9/16/2016 8:57 AM by Bonnie Landry Page 2 Packet Pg. 90 8.C.4.a ORDINANCE NO. 16-XXX AN ORDINANCE OF ST. LUCIE COUNTY, FLORIDA (THE "COUNTY"), PROVIDING FOR POSTPONEMENT ON THE ACCEPTANCE OF APPLICATIONS FOR, OR THE APPROVAL OF, PERMITS OR DEVELOPMENT ORDERS FOR WIRELESS COMMUNICATIONS FACILITIES WITHIN RIGHTS -OF -WAY DURING A SPECIFIED TERM; PROVIDING FOR WAIVER, VESTED RIGHTS, APPEALS, EXHAUSTION OF ADMINISTRATIVE REMEDIES; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE AND ADOPTION WHEREAS, pursuant to Section 125.01, Florida Statutes, the Board of County Commissioners is authorized to adopt ordinances necessary for the exercise of its powers; and WHEREAS, the Board of County Commissioners ("Board") has adopted the St. Lucie County Comprehensive Plan within which are included goals, objectives, and policies related to zoning and land development; and WHEREAS, Chapter 163, Part II, Florida Statutes, requires the implementation of these goals, objectives and policies through the adoption of consistent Land Development Regulations; and WHEREAS, it is important to provide county staff with time to undertake a study of appropriate distance separation requirements, appropriate locations and other regulations of wireless communications facilities within rights -of -way; and WHEREAS, a postponement on application for, or approval of, any permits or development orders for wireless communications facilities within rights -of -way will maintain the status quo during the course of the study and planning process; and WHEREAS, the Board intends to limit the duration of this postponement to no more than twelve (12) months; and WHEREAS, the Board of County Commissioners ("Board") of St. Lucie County ("County'), Florida, presently is working with its staff and professional consultants to prepare comprehensive plan amendments and land development regulations that will govern the location and development of wireless communications facilities within rights -of -way; and WHEREAS, the Board finds that the regulation of wireless communications facilities within rights -of -way is necessary and appropriate to guide the future use and development of land in the unincorporated County, and to protect the public health, welfare and safety, including but not limited to the environmental resources of the County and surrounding areas; and 1 Packet Pg. 91 8.C.4.a WHEREAS, the Board finds it is in the best interest of the citizens of St. Lucie County to adopt the proposed postponement; and WHEREAS, the Board find the proposed ordinance consistent with goals, objectives and policies of the Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida as follows: Section 1. RECITALS ADOPTED. Each of the recitals set forth above is hereby adopted and confirmed. Section 2. TEMPORARY POSTPONEMENT OF CERTAIN COUNTY ACTIONS; APPLICABILITY. A. For twelve (12) months following the adoption of this ordinance, or until an amendment to the Land Development Code is approved or denied, whichever occurs first, no application for any permit or development order for a wireless communications facility within right- of-way shall be accepted, nor shall any permit or development order be approved for a wireless communications facility within right-of-way. Notwithstanding the above, in the event the Board approves an amendment to the Land Development Code, the postponement shall remain in effect until such time as the amendment becomes effective. B. This ordinance shall not restrict, prohibit or otherwise prevent a property owner from the reasonable use of their land or from developing their land in accordance with the St. Lucie County Comprehensive Plan. C. The adoption of this ordinance is undertaken by the County in good faith and is intended to further the goals of the St. Lucie County Comprehensive Plan and Chapter 163, Florida Statutes, and is not intended to discriminate against those landowners which may be subject to this ordinance. D. The limited duration of this postponement has been established in order to accomplish appropriate planning for future development through the St. Lucie County Comprehensive Plan amendment process as described in Chapter 163, Part II, Florida Statutes, and the Comprehensive Plan. Section 3. TERM OF THIS ORDINANCE. The County shall move forward expeditiously with the development, adoption, and implementation of the Regulations concerning commercial composting facilities. This Ordinance shall remain in effect only for so long as is reasonably necessary for the Board to adopt such Regulations and for those Regulations to take effect. Accordingly, the term of this Ordinance shall expire, and this Ordinance shall have no further force or effect, after the date when the Regulations 2 Packet Pg. 92 8.C.4.a take effect, or three hundred thirty sixty-five (365) days after the date of the adoption of this Ordinance, whichever occurs first, unless the term of this Ordinance is extended by the Board. The Board may extend the term of this Ordinance for up to an additional thirty (30) days by resolution, if the Board finds that the extension is necessary and in the public interest. Section 4. WAIVERS. Notwithstanding the provisions in Section 2 above, an applicant for the development of property within the unincorporated County may apply to the Board for a waiver of the requirements in Section 2, above, so that the applicant's application may be reviewed without delay. In such cases, the Board shall consider the request for a waiver at a public meeting, which shall be held within 45 days after the County receives the applicant's request. At the public meeting, the applicant shall have the burden of demonstrating to the Board's satisfaction that: (a) granting the applicant's request for a waiver will not detrimentally affect the preparation and implementation of the Regulations; (b) the proposed project will be compatible with surrounding land uses; and (c) the proposed project will not adversely affect the public health, safety or welfare. If the applicant carries its burden of proof, the Board may grant a waiver and thus allow the applicant's application to be submitted, reviewed and processed concurrently with the Regulations. However, a development order shall not be issued for such application until the necessary comprehensive plan amendments are in effect and the application is found to be consistent with adopted land development regulations. Section 5. VESTED RIGHTS. A. Nothing in this Ordinance shall be construed or applied to abrogate the vested right of a property owner to complete development where the property owner demonstrates each of the following: 1. A government act of development approval was obtained prior to the effective date of this Ordinance; and 2. The property owner has detrimentally relied, in good faith, on the governmental approval by making a substantial change in position or incurring extensive obligations and expenses; and 3. It would be highly inequitable to deny the property owner the right to complete the development. B. Any property owner claiming to have vested rights under this Section 5 must file an application with the Board for a vested rights determination within 30 days after the effective date of this Ordinance. The application shall be accompanied by a fee of $1,500.00 and shall contain a sworn statement as to the facts upon which the vested rights are asserted, together with any documentary evidence supporting the claim. The Board shall hold a public hearing on the application and, based upon the evidence submitted, shall make a determination as to whether or 3 Packet Pg. 93 8.C.4.a not the property owner has established vested rights. To the extent that a property owner demonstrates vested rights, the prohibitions established in Section 2 of this Ordinance shall not apply. Section 6. APPEALS. Any appeal from a final decision by the Board under Section 4 or Section 5 of this Ordinance shall be pursued by filing a Petition for Certiorari in the Circuit Court of the 1911 Judicial Circuit, in and for St. Lucie County, in accordance with the Florida Rules of Appellate Procedure for the review of the quasi-judicial rulings of local government agencies. Section 7. EXHAUSTION OF ADMINISTRATIVE REMEDIES. A property owner claiming that this Ordinance, as applied, constitutes or would constitute a temporary or permanent taking of private property or an abrogation of vested rights shall not pursue such claim in court unless he or she has first exhausted the administrative remedies provided in this Ordinance. Section 8. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. Section 9. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. Section 10. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County Section 11. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. 4 Packet Pg. 94 8.C.4.a Section 12. EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Department of State. Section 13. ADOPTION. After motion and second, the vote on this ordinance was as follows: Kim Johnson, Chairman XXX Chris Dzadovsky, Vice Chairman XXX Commissioner Tod Mowery XXX Commissioner Paula A. Lewis XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED this day of 2016. ATTEST: Deputy Clerk G� BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Packet Pg. 95 8.C.5 ITEM NO. (ID # 3795) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Heather Young, Asst. County Attorney County Attorney DATE 09/20/2016 *CONSENT AGENDA\COUNTY ATTORNEY Permission to Advertise - Alarm Ordinance Amendments The 2016 Legislature adopted new requirements for alarm contractors and alarm monitoring companies to notify alarm system owners that their local jurisdictions may require registration of the alarm system. The attached ordinance has been drafted to incorporate these new statutory requirements in the County's alarm ordinance. PREVIOUS ACTION: On May 19, 2015, the Board adopted Ordinance No. 15-05 which amended the alarm ordinance to provide for third party administration of permitting and false alarm collection. On September 15, 2015, the Board adopted Ordinance No. 15-013 which provided for a false alarm appeal process and extended the effective date of Ordinance No. 15-05 to April 1, 2016 in order to provide additional time for the cities to adopt related amendments to their respective ordinances. On April 5, 2016, the Board adopted Ordinance No. 16-05 to further extend the effective date of Ordinance No. 15-05 to July 1, 2016. On July 5, 2016, the Board adopted Ordinance No. 16-11 to further extend the effective date of Ordinance No. 15- 05 to October 1, 2016. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff requests permission to advertise the proposed ordinance for public hearing on October 20, 2016, at 9:00 a.m., or as soon thereafter as may be heard. [fue ►] Til►�ifi;1-1rarLy_Ts"191 F Packet Pg. 96 8.C.5 Coordination/Signatures ' 'ianiie/S. McIntyre, C my ttorney 9/16/2016 updated: 9/15/2016 5:21 PM by Heather Young Page 2 Packet Pg. 97 8.C.5.a C�]:T11�I_ji•L�i;L��•I�7S:�:1:1 AN ORDINANCE AMENDING CHAPTER 18, ARTICLE IV, (ALARM SYSTEMS), OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY AMENDING SECTION 18-89 (INSTALLATION REQUIREMENTS; DUTIES OF OWNERS; DUTIES OF ALARM COMPANIES) TO REQUIRE ALARM CONTRACTORS AND ALARM MONITORING COMPANIES TO PROVIDE NOTICE OF THE COUNTY'S ALARM SYSTEM REGISTRATION REQUIREMENTS TO ALARM SYSTEM OWNERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On November 17, 1987, the Board adopted Ordinance No. 87-44 which created Chapter 1-2.5, "Alarm Systems", of the St. Lucie County Code of Ordinances and Compiled Laws, to establish standards and regulate intrusion, holdup, and other emergency signals from alarm users which require law enforcement and fire/rescue response or investigation. 2. On August 24, 1999, the Board adopted Ordinance No. 99-10 which amended Chapter 1-2.5 to clarify and strengthen the regulation of alarm systems in the County in order to better serve the residents of the County through more efficient use of law enforcement and fire/rescue services. 3. On August 12, 2014, the Board adopted Ordinance No. 14-020 which amended and recodified the St. Lucie County Code of Ordinances, including the recodification of Chapter 1-2.5 as Article IV (Alarm Systems) of Chapter 18, (Emergency Management and Emergency Services). 4. On May 19, 2015, the Board adopted Ordinance No. 15-05 which further amended Article VI of Chapter 40 of the St. Lucie County Code of Ordinances to ensure consistency with the requirements of state law and to provide for a more efficient means of processing alarm system permit applications and collecting false alarm charges effective October 1, 2015. 5. On September 15, 2015, the Board adopted Ordinance No. 15-013 which further amended Article VI of Chapter 40 of the County Code of Ordinances to provide for appeal of a false alarm determination and fine and extend the effective date of from October 1, 2015 to April 1 Underlined passages are added. +C1g passages are deleted Packet Pg. 98 8.C.5.a 1, 2016 in order to allow the additional time for the local municipalities to complete adoption of similar amendments to their respective alarm system ordinance. 6. On April 4, 2016, the Board adopted Ordinance No. 16-05 which extended the effective date of Ordinance No. 15-05 to July 1, 2016. 7. On July 5, 2016, the Board adopted Ordinance No. 16-11 which extended the effective date of Ordinance No. 15-05 to October 1, 2016. 8. Pursuant to Chapter 2016-139, Laws of Florida, the Florida Legislature created Section 553.7931, Florida Statutes, which establishes additional notice requirements for alarm system contractors and monitoring companies. 9. It is necessary to amend Section 18-96 (Installation requirements; duty of owners, duties of alarm companies) of the Code of Ordinances to incorporate the new notice requirements under Section 553.7831, Florida Statutes (2016). NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida, as follows: PART A. Section 18-98 (Installation requirements; duty of owners; duties of alarm companies) of Article IV (Alarm Systems) of Chapter 18 (Emergency Management and Emergency Services) of the Code of Ordinances of St. Lucie County is amended as follows: Sec. 18-98. Installation requirements; duty of owners; duties of alarm companies. (a) A contractor as defined in Section 553.793, Florida Statutes, or an alarm system monitoring company that installs a monitored alarm system shall provide written notice, on paper or electronically, to an owner, lessee, or occupant, or an authorized representative thereof, that the Countv reauires the reizistration of the alarm system before activatiniz or reactivatinE an alarm system. (b) An alarm system monitoring company that activates an alarm system installed by an owner, lessee, or occupant, or authorized representative thereof, shall provide verbal notice to the owner, lessee, or occupant, or authorized representative thereof, that the County requires the registration of the alarm system before activating or reactivating an alarm system. (ac) Prior to the activation or substantial modification or use of an alarm system, as defined in 18-89, the owner, manager, or lessee of the premises shall furnish to the County's third party alarm administrator on a form provided by the County's third party alarm administrator manually or electronically which includes information deemed necessary to provide adequate response to the alarm. 2 Underlined passages are added. SM P1--C1g passages are deleted. Packet Pg. 99 8.C.5.a (bd) Owners, managers or lessees of existing alarm systems as defined in Sec. 18-89 shall have thirty (30) days from the effective date of this ordinance to comply with the above notice requirements. (ee) Owners, manager or lessees, or agents of any alarm system shall respond to the alarm location, when requested, in order to reset or deactivate the alarm system within a reasonable time of notification. Failure to provide such access shall result in a false alarm assessment as provided in Sec.18-100. (4f) Prior to the activation or use of any type of general alarm device the owner. manager or lessee of the premises shall furnish to the County's third party alarm administrator, information regarding the full names, addresses and telephone numbers of at least three (3) persons for commercial properties and two (2) persons for residential properties who can be reached at all times and who are authorized and have the capability to enter the premises and deactivate the alarm device. Owners, managers or lessees of the premises with alarm devices already installed shall have thirty (30) days from the effective date of this ordinance to comply with the above notice requirement. It shall be the responsibility of the owner, manager or lessee of the premises to provide an updated list annually to the County's third party alarm administrator. Failure to do so may result in a false alarm assessment subject to the sanctions of Sec. 18-100. (eg) All burglar alarm systems having an audible or visual signal at the premises shall be equipped so as to automatically shut off the audible or visual signal after fifteen (15) minutes, except those systems required by law to have a longer operating period, in which case said system shall be equipped so as to automatically shut off the audible or visual signal at the conclusion of the longer required operating time. (fh) All alarm systems shall be properly maintained. System malfunction due to faulty maintenance shall not be grounds for an excused false alarm assessment. (gi) All alarm systems shall obtain all necessary permits and inspections for the installation of the system. (#i) All alarm companies that sell, lease, install, operate, monitor or have the responsibility for alarm systems, shall maintain the appropriate license as required under Chapter 489, Florida Statutes, and shall register annually with the County. A fine of $500.00 shall be assessed to any alarm monitoring company who fails to register. Each registration shall be valid for twelve (12) months. The alarm monitoring company shall provide the following information: (1) Name, street address and telephone number. Monitoring companies shall maintain, for a period of at least one year, records relating to alarm notification and shall provide such records to the County's third party alarm administrator upon request, or a fine of $125.00 shall be assessed. 3 Underlined passages are added. �*r--- c,'- *"r^- ^" passages are deleted. Packet Pg. 100 8.C.5.a (2) The names, street addresses, and telephone numbers of all contracted alarm operators within the territorial jurisdiction of the County. (3) The procedure used to verify the legitimacy of an alarm prior to notification of County law enforcement. (4) The name, street address, and telephone number of the alarm company. (+k) An alarm company performing monitoring services shall: (1) Attempt to verify, by calling the alarm site and/or alarm user by telephone, to determine whether an alarm signal is valid before requesting dispatch. Telephone verification shall require, as a minimum, that a second call be made to a different number, if the first attempt fails to reach an alarm user who can properly identify themselves to attempt to determine whether an alarm signal is valid, except in the case of a panic or robbery -in -progress alarm, or in cases where a crime -in -progress has been verified by video and/or audible means. (2) Provide alarm user registration number, when available, to the communications center to facilitate dispatch and/or cancellation. (3) Communicate any available information about the location of the alarms to the communications center. (4) Communicate a cancellation to the communications center as soon as possible following a determination that a response is unnecessary. PART B. SEVERABILITY. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, it is the intent of the District that the invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared severable. PART C. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, the Capitol, Tallahassee, Florida 32304. PART D. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State. PART E. ADOPTION. After motion and second, the vote on this ordinance was as follows: 4 Underlined passages are added. Str-w'- *"r^ ^" passages are deleted. Packet Pg. 101 8.C.5.a Kim Johnson, Chairman XX Chris Dzadovsky, Vice Chairman XX Commissioner Tod Mowery XX Commissioner Paula A. Lewis XX Commissioner Frannie Hutchinson XX PART F. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section," "article," or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through F shall not be codified. PASSED AND DULY ADOPTED this XX day of XX, 2016. ATTEST: Deputy Clerk 5 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Underlined passages are added. SP 1--C1g passages are deleted. Packet Pg. 102 8.D.1 ITEM NO. (ID # 3771) DATE: 09/20/2016 AGENDA REQUEST *CONSENT AGENDA\COMMUNITY SERVICES TO: Board of County Commissioners PRESENTED BY: Diana Wesloski, Housing Manager SUBMITTED BY: Housing Services Division SUBJECT: HOME Investment Partnerships Program - Community Housing Development Organization Agreement Amendment No. 1 BACKGROUND: As part of the HOME Investment Partnerships Program, the St. Lucie County HOME Consortium is required to set aside at least 15 percent (15%) of its annual allocation for a Community Housing Development Organization (CHDO). In December of 2014, the St. Lucie County HOME Consortium entered into an agreement to provide Indiantown Nonprofit Housing Inc. with HOME funding in the amount of $136,861.95 to rehabilitate five (5) single family homes to be sold to low to moderate income home buyers. At the time the agreement was put in place, the actual cost to rehabilitate the homes was unknown and has since shown to have exceeded the amounts initially estimated, thus requiring the amendment to the agreement to increase funding by a not to exceed amount of $200,000. PREVIOUS ACTION: December 16, 2014-Board approval of the agreement between Indiantown Nonprofit Housing Inc. and the St. Lucie HOME Consortium. FINANCIAL IMPACT: Sufficient funding is available in the Home Consortium Grant Funds (189109-5420-583000-500, 189110- 5420-549600-500). RECOMMENDATION: Staff recommends Board approval of the amendment between the St. Lucie County HOME Consortium and Indiantown Nonprofit Housing, Inc; and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 103 8.D.1 Coordination/Signatures yder, Community Ser,ices Dir r 9/6/2016 ianief& aMcIntyrMe,torney 9/7/2016 rk S er ee, DepkA County x min sstrato 9/9/2016 Updated: 9/9/2016 3:46 PM by Katrina Slay Page 2 Packet Pg. 104 8.D.1.a FIRST AMENDMENT TO DECEMBER 16. 2014 COMMUNITY HOUSING DEVELOPMENT ORGANIZATION AGREEMENT CONTRACT C14-11-669 THIS FIRST AMENDMENT made this day of 2016, by and between ST. LUCIE COUNTY HOME CONSORTIUM, a municipal corporation that includes St. Lucie County Board of County Commissioners, Martin County Board of County Commissioners, and Indian River County Board of County Commissioners, hereinafter referred to as "HOME CONSORTIUM", and INDIANTOWN NONPROFIT HOUSING INCORPORATED, a Florida nonprofit corporation and Community Housing Development Organization, hereinafter referred to as "RECIPIENT." WHEREAS, HOME CONSORTIUM and RECEIPIENT entered into an Agreement on December 16, 2014 which provided for HOME CONSORTIUM to disburse HOME Investment Partnership Program ("HOME") funds to the RECIPIENT to provide housing to lower income residents, hereinafter referred to as the "Agreement"; and, WHEREAS, the Agreement provides for HOME CONSORTIUM to disburse a total of sixty-seven thousand six hundred fifty-two and 85/100 dollars ($67,652.85) for fiscal grant year 2013 to be committed by October 31, 2015, and sixty-nine thousand two hundred nine and 10/100 dollars ($69,209.10) for fiscal grant year 2014 to be committed by October 31, 2016 ; and, WHEREAS, the parties desire to increase the total amount of funds to be disbursed and committed under the Agreement to two hundred thousand and 00/100 dollars ($200,000.000. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agrees as follows: ti M 1. Paragraph 1. USE OF THE HOME FUNDS, is amended to read: 1. USE OF THE HOME FUNDS. The HOME CONSORTIUM agrees to provide RECIPIENT HOME funds in a total amount not to exceed two hundred thousand and 00/100 dollars ($200,000.00) for fiscal grant year 2013 and fiscal grant year 2014. Funding for fiscal grant year 2013 must be committed to HOME approved projects by October 31, 2015, and funding for fiscal grant year must be committed to HOME approved projects by October 31, 2016. Funding for fiscal grant year 2013 must be expended by October 31, 2017 and funding for fiscal grant year 2014 must be expended by October 31, 2018. All funds may be used in total and prior to require commitment and expenditure dates. RECIPIENT will use the HOME funds to assist in the development of single-family housing units to BENEFICIARIES (as said terms is defined in Section XV of Exhibit A attached hereto). HOME CONSORTIUM'S payment of the HOME funds represents the HOME CONSORTIUM'S entire financial contribution of HOME funds, and the RECIPIENT shall provide all additional funds necessary to develop affordable housing. RECIPIENT acknowledges all HOME CHDO projects must be pre -approved by the Participating Jurisdiction (PJ) and the HOME CONSORTIUM may fund more than one CHDO. RECIPIENT may use HOME funds as provided in the CHDO guidelines incorporated herein as Exhibit A. Packet Pg. 105 8.D.1.a RECIPIENT agrees to use the HOME funds for fiscal grant year 2013 and 2014. Failure to expend funds by required dates shall cause this Agreement to be terminated with no further financial obligation to HOME CONSORTIUM. 2. Except as amended herein, the remaining terms and conditions of the December 16, 2014 Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this First Amendment. ATTEST: DEPPUTY CLERK ST. LUCIE COUNTY HOME CONSORTIUM BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS BY: COUNTY ATTORNEY ATTEST: INDIANTOWN NONPROFIT HOUSING, INCORPORATED BY: SECRETARY PRESDIENT A:\atty\agreemnt\1a-Indiantown Nonproft.HOME.2016.doc 2 (SEAL) Packet Pg. 106 8.J.1 ITEM NO. (ID # 3758) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Desiree Cimino, Purchasing Manager Purchasing Division DATE 09/20/2016 *CONSENT AGENDA\OFFICE OF MANAGEMENT & BUDGET Award Request For Quote (RFQ) No. 16-039, Contractor Pre -Qualification for Community Services Rehabilitation Programs On May 15, 2016, RFQ No. 16-039 was advertised. Responses were opened. Seven responses were received; 322 companies were notified and 15 documents were distributed. The selected firms will provide construction services for the rehabilitation and rebuilding of homes funded through the Community Services HOME Investments Partnership, Community Development Block Grant (CDBG), Neighborhood Stabilization Program 3 (NSP3), Residential Construction Mitigation Program (RCMP) & the State Housing Initiatives Partnership Program (SHIP) Rehabilitation Projects. On September 1, 2016, the selection committee evaluated and ranked the proposals that were received. The committee members' scores and ranking for each firm are provided in Attachment A. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board approval to award RFQ No. 16-039 and enter into contracts with Black Street Enterprises, Gentile Corporation, One Construction, De La Hoz Builders, Inc., Sand Dollar Development, Certified Property Restoration and Florida Retrofit, and authorization for the Chairman to sign documents as prepared by the County Attorney. COMMISSION ACTION: Packet Pg. 107 8.J.1 Coordination/Signatures h y burn, Offi e e Budget Director 9/9/2016 anie SWMCInty're,,tyorney 9/9/2016 Updated: 9/14/2016 3:45 PM by Katrina Slay Page 2 Packet Pg. 108 Attachment A Firm Qualifications of Personnel Construction Experience Stability of Firm Experience in/with St. Lucie County Current Workload References Total Total possible points per committee member 25 25 15 10 15 10 100 Total possible points for four members 100 1 100 1 60 1 40 1 60 1 40 1 400 Black Street Enterprises 93 99 77 17 52 0 338 Gentile Corporation 92 92 76 17 50 0 327 One Construction 90 96 72 18 51 0 327 De La Hoz Builders, Inc 86 87 73 16 49 0 311 Sand Dollar Development 81 82 76 12 41 0 292 Certified Property Restoration 81 80 57 3 49 0 270 Florida Retrofit 84 63 62 2 46 0 257 Attach ment8.J.1.a: 16-039 Attachment A - Scores & Ranking (3758 : Award Request For Quote (RFQ) No. 16-039, Contractor Pre -Qualification Attachment B 8.J.1.b BOARD OF COUNTY COMMISSIONERS COUNTY F L O R I D A Tabulation Sheet RFQ No. 16-039 PURCHASING DEPARTMENT Construction Contractor Pre -Qualification for Community Services/ Housing Division BSE/ BlackStreet Enterprises, LLC Contact: Lionel J. Dunbar Phone: 772-344-8201 Fax: 772-344-8203 Address: 535 NW Mercantile Place, Unit 107, Port St. Lucie, FL 34986 CPR/ Certified Property Restoration, LLC Contact: Garret Grabowski Phone: 772-985-9438 Fax: 772-781-4054 Address: 3074 SE East Blackwell drive, Port St. Lucie, FL 34952 De La Hoz Builders, Inc. Contact: Hilda De La Hoz Phone: 772-228-9723 Fax: 772-589-8127 Address: 258 Del Monte Rd., Sebastian, FL 32985 Florida Retrofits Contact: James Cody Thomas Phone: 877-659-8354 Fax: 866-547-0757 Address: 2840 Kirby Circle #3, Palm Bay, FL 32905 Gentile Corp. Contact: Oscar Frozini Phone: 772-342-6928 Fax: 772-801-6585 Address: 3160 Turtle Cove, West Palm Beach, FL 33411 One Construction & Roofing Contraction, Inc. Contact: Mauricio Orellana Phone: 772-519-2449 Fax: 884-270-3756 Address: 3437 SW Europe St., Port St. Lucie, FL 34953 Sand Dollar Development of Southern FI., Inc. Contact: David Cotton Phone: 772-336-8569 Fax: 772-36-3419 Address: 171 SW Leafy Road, Port St. Lucie, FL 34953 Packet Pg. 110 8.K.1 ITEM NO. RES-2016-144 TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Matt Baum, Parks & Special Facilities Manager Parks & Special Facilities Division Civil War Re -Enactment - 2016 DATE: 09/20/2016 *CONSENT AGENDA\PARKS, RECREATION & FACILITIES In 2001, the Raid of Ft. Pierce Civil War Re -Enactment was established to provide education about the Civil War to the local community and schools. The Sons of Confederate Veterans participate in many similar events throughout the state of Florida and have agreed to sponsor this event. The re-enactment stages a fictional battle that includes a living history day and period correct demonstrations such as artillery, cooking, blacksmithing, uniforms, authentic camping and mounted cavalry. The first day of the event is a living history school day open to all Treasure Coast schools and day care centers. The Sons of the Confederate Veterans is a 501(c)(3) organization with a locally affiliated club in Port St. Lucie. The organization and event meet the requirements of the St. Lucie County Facility Use Policy for fee waivers. This organization is requesting to host their 16th annual event on December 10th and 11th, 2016, in the wilderness area at the Savannas Recreation Area. They are requesting that the County waive the open space rental fees of $1,200.00. The Sons of Confederate Veterans have agreed to reimburse the County $560.00 for staffing costs associated with the event, as required by Board policy. This event will not interfere with the Savannas Campground operation. PREVIOUS ACTION: Last year the Civil War Re -Enactment was held on December 11-13, 2015 and the Board approved the waiver of $1,200.00 for open space rental fees at the October 20, 2015 Board Meeting. FINANCIAL IMPACT: The County will forego the open space rental fee of $1,200.00 to the User Fees revenue account (#001- 7215-347221-7220), if the waiver is approved. RECOMMENDATION: Staff recommends Board authorization to waive $1,200.00 in open space rental fees for the 2016 Raid on Ft. Pierce Civil War Re -Enactment to be held at the Savannas Recreation Area as outlined in this agenda Packet Pg. 111 8.K.1 memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures g�� A Edward Matthews, Parks, Refreaflon & Fa sties Director 8/2/2016 anie S. McIntyre, c my ttorney 9/9/2016 Updated: 9/13/2016 1:46 PM by Katrina Slay Page 2 Packet Pg. 112 8.K.1.a Date: August 1, 2016 Event: Civil War Re -Enactment Contact Name: Jim Odell Address: Telephone: 772-318-8258 Fax: Email Address: Facility Rental: Personnel: Custodian Event Specialist Requested Waiver Prepared By: Wendy Clark St. Lucie County Savannas 1400 E. Midway Rd. Ft. Pierce, FI. 34982 772-464-7855 Wendy Clark, Campground Coordinator Fax: 772-464-1765 Event Date December 09-11, 2016 c N r-+ c a� E r c w ESTIMATE OF FEES: Fees Wilderness Area $1,200.00 U Total Facility Rental Fees $1,200.00 6 r O N 20 hours @ $18.00/hour $360.00 Cn w 8 hours @ $25/hour $200.00 Total Estimated Personnel Fees $560.00 co TOTAL PRETAX FEES $1,760.00 Sales Tax 6.5% T/E L TOTAL FEES $1,760.00 [ $1,200.00 Lessee Initials Packet Pg. 113 8.K.1.a V r O O N Cn W 0 r 0 N d m E r N W N N LL r C d E v cC C W N Q' R U r Q Packet Pg. 114 8.K.1.a V r O O N Cn W 0 r 0 N d m E r N W N N LL r C d E v cC C W N Q' R U r Q Packet Pg. 115 8.K.1.a V r O O N Cn W 0 r 0 N d m E r N W N N LL r C d E v cC C W N Q' R U r Q Packet Pg. 116 ITEM NO. (ID # 3768) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Joseph Sabater, Sr. Office Operation Specialist Parks, Recreation, & Facilities DATE: 09/20/2016 *CONSENT AGENDA\PARKS, RECREATION & FACILITIES Fandomania Partial Fee Waiver & Payment Arrangement The Puerto Rican Association for Hispanic Affairs Inc., a registered 501(c)(3), sponsored the Fandomania event at the Fenn Center, June 17-19, 2016. Part of the program highlighted the issue of bullying and included an Anti -Bullying concert on Friday, June 17, 2016, the first night of a three day event. Their goal was to encourage attendees to "be themselves and find the hero that is within us all." They worked with the schools to encourage students to attend and distributed 100 free tickets. One week prior to this event, the world was shaken by the horrific shootings in Orlando on June 12th. This negatively impacted the public attendance at this event due to these circumstance, which were clearly out of their control. Therefore, staff is recommending that the BOCC approve a partial fee waiver of 20% for the rental of the Fenn Center. This fee adjustment is in addition to the 25% discount for 501(c)(3) organizations. The requested 20% discount is due to the drastic decline in attendance resulting from fear following the horrific Orlando shootings. At this time, staff is requesting that the remaining discounted balance of $2,563 be paid in 10 consecutive monthly payments of $256.30 to begin September 30 and concluding on June 30, 2017. PREVIOUS ACTION: N/A FINANCIAL IMPACT: The total 25% reduction for this 501(c)(3) organization, plus the 20% partial fee waiver, equals $3,030. This is tied to account string for the Fenn Center- 001-7511-347221-7510 (User Fees). RECOMMENDATION: Staff recommends Board approval to provide a partial (20%) waiver of the facility rental fees for the use of the Fenn Center from June 17-19, 2016. The total cost reduction for the "Not for profit" organization will be reduced from $11,008.00 To $7,978.00. The remaining unpaid balance of $2,563.00 will be paid over 10 consecutive monthly payments of $256.30 beginning September 30, 2016 and concluding on June 30, 2017. In the interim, this organization will not be allowed to enter into any Facility Use Agreements until the balance is paid in full. Packet Pg. 117 8.K.2 COMMISSION ACTION: Coordination/Signatures Edward Matthews, Parks, R�e rea ion & Faqlities Director 9/6/2015 ),/) d1141' anie 5. McIntyre, C my ttorney 9/9/2016 updated: 9/6/2016 4:33 PM by Patty Marston-Duva Page 2 Packet Pg. 118 8.K.2.a EXHIBIT A J RESERVATION FEES COUNTY VENUE: Havert L. Fenn Center PHONE: 772-462-1521 FAX: 772-462-1128 Date: August 16, 2016 Event Date: June 17 - 19, 2016 Event Day: Friday, Saturday & Sunday Event: Fandom Fest Event Times: Fri 1 p - 10p Sat 10a - 12a, Sun 10a - 5p No. of Attendees 250 Set Up/Load In: Fri 10am - 1 pm Contact: Joe Garofalo Break Down/Load Out: Sun 5pm - 7pm Robert Roldan Total Event Hours, inc. Load in/Out: 35 hours Organization: The Puerto Rican Association for Hispanic Affairs Inc Address: 1018 NW Demedici Rd Port St. Lucie, FL 34986 Phone: 772-708-1106 (Joe) Fax: Phone: 772-216-0285 (Robert) E-mail Add ress:josegarofalo@yahoo.com *********************************************************************************************** Facility Use Fee Rate Fee Multipurpose Room 1 $175 for 4 hr X 1 day + $100 for 2 hr for 1 day $275.00 MP 2 $400 for 8 hr block $400.00 MP 3 $400 for 8 hrs + $390 for 6 hrs $790.00 MP 4 $195 for 3 hrs + $400 for 8 hrs + $195 for 3 hrs $790.00 MP 5 $600 for 8 hrs X 2 days $1,200.00 Gymnasium - Friday $1,000 for 8 hr block + $160 per hour X 2 hrs $1,320.00 Gymnasium - Saturday $1,000 for 8 hr block + $160 per hour X 5 hrs $1,800.00 Gymnasium - Sunday $1,000 for 8 hr block $1,000.00 Sub -total $7,575.00 Deduct 25% Nonprofit Discount $1,893.75 Sales Tax 6.5% T/E FACILITY USE FEE TOTAL $5,681.25 Additional 20% Facility Fee adjustment from effects of Orlando tragedy $1,136.25 NEW ROOM TOTAL $4,545.00 Equipment Use Fees Tables & chairs N/C $0.00 Stage $18 per section X 16 sections $288.00 Backdrop Curtains - Entire Gym $300 $300.00 Projectors (gym) $75 each X 2 $150.00 Sales Tax 6.5% T/E EQUIPMENT FEES TOTAL $738.00 Staff/Personnel (Does not include cost of any required security personnel) Event Supervisor (Required) $25 per hour X 28 hours $700.00 Custodian/Evenet staff $18 per hour X 35 hours X 2 staff $1,260.00 STAFF FEES TOTALI $1,960.00 FORM APPROVED MAY 2012 Packet Pg. 119 8.K.2.a Other Fees EXHIBIT A Cleaning Fee RESERVATION FEES $300.00 Event Insurance Premium - Class 1 based on 250 people 3 days X $145 $435.001 Refundable Security Deposit - Gym 1 $0.00 Payable to St. Lucie County BOCC TOTAL ESTIMATED CHARGES $7,978.00 PREVIOUS PAYMENTS $5,415.00 REMAINING BALANCE $2,563.00 Other Requirements include but are not limited to: 1. 50% Deposit with Signed Facility Use Agreement, Required Documents to Confirm Reservation. Payment in full and all Required Documents due no less than 30 days prior to event to avoid cancellation. 2. Comprehensive General Liability Insurance Certificate for $1,000,000 per occurrence, $2,000,000 aggregate in name of Applicant and naming St. Lucie County BOCC as an Additional Insured is required. If needed, event insurance is available at reasonable rates. Prepared by Matt Morse FORM APPROVED MAY 2012 Packet Pg. 120 8.K.3 ITEM NO. (ID # 3769) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Joseph Sabater, Sr. Office Operation Specialist Parks, Recreation, & Facilities DATE 09/20/2016 *CONSENT AGENDA\PARKS, RECREATION & FACILITIES Real Men Wear Pink Kickball Tournament Fee Waiver The American Cancer Society is planning to host a "Real Men Wear Pink" Adult Co -Ed Kickball Tournament on Saturday, Oct. 1, 2016 at Lawnwood Stadium. The Real Men Wear Pink campaign is an extension of the ACS Making Strides Against Breast Cancer. This event is being organized by Ed Matthews to raise funds and promote Breast Cancer awareness. While each team (18 or older & co-ed) must have at least one SLC BOCC or Constitutional employee, all citizens of the County may participate. All proceeds from this event will go to the ACS Making Strides Against Breast Cancer. At this time, staff is requesting a fee waiver of $510 for the Facility Rental of Lawnwood Baseball Fields on Saturday, October 1, 2016 for this event. Additional costs for County staff and equipment, if applicable, will be paid by the renter. PREVIOUS ACTION: N/A FINANCIAL IMPACT: If the fee waiver is approved, the County would forgo $510 in facility rental revenue under accounting string 001-7210-347221-700 (User Fees). :T:101► I► i:1►lle%�I�Pta Staff recommends Board approval to waive $510.00 in facility rental fees for the American Cancer Society's Making Strides Against Breast Cancer Real Men Wear Pink Adult Co -Ed Kickball Tournament, Oct. 1, 2016 from 8AM- 1PM at Lawnwood Stadium with 100% of the proceeds going to the ACS. COMMISSION ACTION: Packet Pg. 121 Coordination/Signatures z�AOf ;; 1. Edward Matthews, Parks, Refreafion & Fa sties Director 9/6/2016 4anieA..McIntyre, C my ttorney 9/9/2016 Updated: 9/14/2016 1:13 PM by Katrina Slay Page 2 Packet Pg. 122 8.K.3.a Cost Estimate Sheet COUNTY VENUE: Lawnwood Baseball PHONE: FAX: Event Dates: Oct. 1, 2016 Event Day: Saturday Event: Adult KickBall Fundraiser Event Times: 8am-1pm Total Event Hours: 30 Contact Name: Joe Sabater Organization: St Lucie County Addresss: 2000 Virginia Ave. Ft Pierce, FL. 34982 Office Phone: 772-462-1610 Fax: Cell: E-mail Address: sabaterj@stlucieco.org Facility Use Fee Adult KickBall E ui ment Use Fees Field Lining Rate $17/hr. x 30 hrs. Sub -total Sales Tax 6.5% FACILITY USE FEE TOTAL $16/per field x 6 fields EQUIPMENT FEES TOTAL Staff/Personnel (Does not include cost of any required security personnel) Event Supervisor (Required) Maintenance Staff Other Fees Cleaning Fee Security Deposit STAFF FEES TOTAL OTHER FEES TOTAL SECURITY DEPOSIT TOTAL TOTAL ESTIMATED CHARGES Fee $510.00 $510.00 exempt $510.00 $96.00 $96.00 $606.00 Other Requirements include but are not limited to: 1. 50% Deposit with Signed Facility Use Application. 2. Balance and all required documents due 30 days prior to event. 3. Comprehensive General Liability Insurance Certificate for $1,000,000 in name of Applicant. 4. St. Lucie County named as an additional insured. 2300 Virginia Ave. Ft Pierce, FL. 34982 5. The costs listed above are estimates only and are subject to change based on actual event. revised 8/20/12 Packet Pg. 123 American Cancer Society & Ed Matthews Hosts Mw�' du o-Ecl I(i�l .0II PINK Tour �m�nt 2016 @ SAM Sauincy turday Oct*•Ave LaN,nwo °d Softball Fieids °n We're looking for Teams of 10 (18 or older) $20 per person At least one member of the Team must be a current BOCC or Constitutional Employee 1 . At least 3 female team members Limited to 12 Teams • Award for Top Team • All proceeds go to the American Cancer Society Registration Deadline: Friday Sep. 16 Details and Registration, Contact: Joe Sabater 462-I610/SabaterJ@stlucleco.org Food & Drinks available for Donations T-fhirts Provided MAKING STRIDES Against Breast Cancer, American Cancer Society, Treasure Coast Area 3375 20th Street, Suite 100 Vero Beach, FL 32960 t) 772.562.2272 f) 772-562-2666 Cancer Information 1.800.ACS.2345 www.cancer.org Packet Pg. 124 ITEM NO. (ID # 3801) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: DATE: 09/20/2016 *CONSENT AGENDA\PARKS, RECREATION & FACILITIES Asheley Hepburn, Office of Management & Budget Director Office of Management & Budget Authorize Reimbursement to the Sheriff's Office for the Cost of Providing Attendants to Escort Vendors On December 15, 2016 the Board of County Commissioners adopted agenda item authorizing the award of the Security System Upgrade of the St. Lucie County Jail to Accurate Controls. As a part of the implementation, the Sheriff's Office required Correction's Officers escort contractors through the jail, as a security measure. The County recently received a reimbursement request from the Sheriff's Office for security escorts that totals $84,798 and covers the period May 31, 2016 thru September 1, 2016. Currently there are sufficient funds in the project capital fund to cover the additional cost. However in the future the County will not be able to continue to fund reimbursements to the Sheriff's Office for security escorts. PREVIOUS ACTION: Dec. 15, 2015 - Security System Upgrade of the St. Lucie County Jail Dec. 15, 2015 - Reimbursement Resolution Regarding Security System Upgrade of the St. Lucie County Jail Jan. 26, 2016 - Resolution Capital Improvement Revenue Bonds Series 2016 A FINANCIAL IMPACT: There are sufficient funds in the capital project fund located in account string, 320-1931-563000-26001. This action will authorize the transfer of $84,798 from account string 320-1931-563000-26001 to 001- 0000-381320-000. RECOMMENDATION: Staff recommends that the Board authorize the transfer of $84,798.00 to the General fund for payment to the Sheriff's Office. COMMISSION ACTION: Packet Pg. 125 Coordination/Signatures h y burn, Offi e e Budget Director 9/16/2016 4aniie/S.cIntyjC5,tytto­rey 9/16/2016 Ho and Tipton, Count Ad ministrato 9/19/2016 Updated: 9/16/2016 1:39 PM by Katrina Slay Page 2 Packet Pg. 126 8.K.4.a Date Staff Type Name Employee # Time Type Contractor Hours OT Total FICA Medicare Retirement Workers Total Rate Overtime Comp 5/31/2016 Tuesday Security Shirley 1654 OT ACE 9 30.98 278.82 17.29 4.04 62.26 8.75 371.17 6/1/2016 Wednesday Security Beany 1425 OT ACE 9 35.90 323.10 20.03 4.68 72.15 10.15 430.11 6/6/2016 Monday Security Lyda 1411 OT ACE 9 37.76 339.84 21.07 4.93 75.89 10.67 452.40 6/7/2016 Tuesday Security Dutra 1696 OT ACE 9 30.98 278.82 17.29 4.04 62.26 8.75 371.17 6/8/2016 Wednesday Secuirty Newton 748 OT B4 8 49.57 396.56 24.59 5.75 88.55 12.45 527.90 6/8/2016 Wednesday Security Lane 1084 OT ACE 6 44.00 264.00 16.37 3.83 58.95 8.29 351.44 6/9/2016 Thursday Security Hubbard 1147 OT B4 7 44.99 314.93 19.53 4.57 70.32 9.89 419.23 6/9/2016 Thursday Security Alexander 1407 OT ACE 6.5 37.89 246.29 15.27 3.57 55.00 7.73 327.85 6/10/2016 Friday Security Beany 1425 OT B4 8 35.90 287.20 17.81 4.16 64.13 9.02 382.32 6/13/2016 Monday Security Newton 748 OT B4/Razor 11 49.57 545.27 33.81 7.91 121.76 17.12 725.86 6/13/2016 Monday Security Alexander 1407 OT B4/ Razor 8.5 37.89 322.07 19.97 4.67 71.92 10.11 428.73 6/13/2016 Monday Security Esposito 1676 OT ACE 2 34.26 68.52 4.25 0.99 15.30 2.15 91.21 6/14/2016 Tuesday Secuity Esposito 1676 OT ACE 1 34.26 34.26 2.12 0.50 7.65 1.08 45.61 6/15/2016 Wednesday Security Beany 1425 OT B4/Razor 8 35.90 287.20 17.81 4.16 64.13 9.02 382.32 6/15/2016 Wednesday Security Esposito 1676 OT ACE 1 34.26 34.26 2.12 0.50 7.65 1.08 45.61 6/16/2016 Thursday Security Iles 1627 OT ACE 9 31.03 279.27 17.31 4.05 62.36 8.77 371.76 6/17/2016 Friday Security Lane 1084 OT SCI 4.5 44.00 198.00 12.28 2.87 44.21 6.22 263.58 6/17/2016 Friday Security Shirley 1654 OT ACE 7 30.98 216.86 13.45 3.14 48.42 6.81 288.68 6/17/2016 Friday Security Ciccone 1659 OT ACE 8 30.98 247.84 15.37 3.59 55.34 7.78 329.92 6/20/2016 Monday Security Psarreas 1652 OT SCI 6 30.98 185.88 11.52 2.70 41.51 5.84 247.44 6/20/2016 Monday Security Esposito 1676 OT ACE 1 34.26 34.26 2.12 0.50 7.65 1.08 45.61 6/21/2016 Tuesday Security Dutra 1696 OT SCI 8.5 30.98 263.33 16.33 3.82 58.80 8.27 350.54 6/22/2016 Wednesday Security Ciccone 1659 OT SCI 8 30.98 247.84 15.37 3.59 55.34 7.78 329.92 6/22/2016 Wednesday Security Esposito 1676 OT ACE 1.5 34.26 51.39 3.19 0.75 11.48 1.61 68.41 6/23/2016 Thursday Security Perkins 1049 OT SCI 8 44.83 358.64 22.24 5.20 80.08 11.26 477.42 6/23/2016 Thursday Security Hubbard 1147 OT ACE 5 44.99 224.95 13.95 3.26 50.23 7.06 299.45 6/24/2016 Friday Security Iles 1627 OT SCI 7 31.03 217.21 13.47 3.15 48.50 6.82 289.15 6/27/2016 Monday Security Esposito 1676 OT ACE 2.5 34.26 85.65 5.31 1.24 19.13 2.69 114.02 6/27/2016 Monday Maintenance Dutra 1696 OT SCI 1.5 30.98 46.47 2.88 0.67 10.38 1.46 61.86 6/28/2016 Tuesday Security Perkins 1049 OT SCI 10.5 44.83 470.72 29.18 6.83 105.11 14.78 626.62 6/28/2016 Tuesday Security Esposito 1676 OT ACE 2 34.26 68.52 4.25 0.99 15.30 2.15 91.21 6/29/2016 Wednesday Security Lamm 1622 OT SCI 10.5 31.23 327.92 20.33 4.75 73.22 10.30 436.52 6/29/2016 Wednesday Security Esposito 1676 OT ACE 0.5 34.26 17.13 1.06 0.25 3.83 0.54 22.80 6/30/2016 Thursday Security Iless 1627 OT ACE 8.5 31.03 263.76 16.35 3.82 58.90 8.28 351.11 7/6/2016 Wednesday Security Esposito 1676 OT ACE 2.5 34.26 85.65 5.31 1.24 19.13 2.69 114.02 7/7/2016 Thursday Security Ciccone 1659 OT SCI 10.5 30.98 325.29 20.17 4.72 72.64 10.21 433.03 7/8/2016 Friday Security Iles 1627 OT SCI 10.5 31.03 325.82 20.20 4.72 72.75 10.23 433.72 7/11/2016 Monday Security Esposito 1676 OT ACE 1 34.26 34.26 2.12 0.50 7.65 1.08 45.61 7/12/2016 Tuesday Security Esposito 1676 OT ACE 2 34.26 68.52 4.25 0.99 15.30 2.15 91.21 7/13/2016 Wednesday Security Esposito 1676 OT ACE 2 34.26 68.52 4.25 0.99 15.30 2.15 91.21 7/14/2016 Thursday Security Lyda 1411 OT ACE 8 37.76 302.08 18.73 4.38 67.45 9.49 402.13 7/18/2016 Monday Security Young 927 OT SCI 10.5 48.39 508.10 31.50 7.37 113.46 15.95 676.38 7/18/2016 Monday Security Esposito 1676 OT ACE 2 34.26 68.52 4.25 0.99 15.30 2.15 91.21 7/19/2016 Tuesday Security Young 927 OT SCI 9.5 48.39 459.71 28.50 6.67 102.65 14.43 611.96 Packet Pg. 127 8.K.4.a Tuesday Security Alexander 1407 OT SCI 5.5 37.89 208.40 12.92 3.02 46.53 6.54 277.42 Tuesday Security Esposito 1676 OT ACE 1.5 34.26 51.39 3.19 0.75 11.48 1.61 68.41 Wednesday Security Hazelief 1719 OT SCI 9.5 31.06 295.07 18.29 4.28 65.89 9.27 392.80 Thursday Security Acosta 1633 OT ACE 9.5 30.98 294.31 18.25 4.27 65.72 9.24 391.79 Monday Debevec Security 1417 OT SCI 10 37.83 378.30 23.45 5.49 84.47 11.88 503.59 Monday Esposito Security 1676 OT ACE 1.5 34.26 51.39 3.19 0.75 11.48 1.61 68.41 Tuesday Celano Security 1568 OT SCI 10 32.51 325.10 20.16 4.71 72.59 10.21 432.77 Tuesday Esposito Security 1676 OT ACE 0 34.26 0.00 0.00 0.00 0.00 0.00 0.00 Wednesday Alexander Security 1407 OT SCI 9 37.89 341.01 21.14 4.94 76.15 10.71 453.95 Wednesday Esposito Security 1676 OT ACE 2 34.26 68.52 4.25 0.99 15.30 2.15 91.21 Thursday Vazquez Security 1260 OT ACE 7 41.52 290.64 18.02 4.21 64.90 9.13 386.90 Thursday ILES Security 1627 OT ACE 10 31.03 310.30 19.24 4.50 69.29 9.74 413.07 Tuesday Young Security 927 OT SCI 10 48.39 483.90 30.00 7.02 108.05 15.19 644.17 Wednesday Perkins Security 1049 OT SCI 10 44.83 448.30 27.79 6.50 100.11 14.08 596.78 Thursday Perkins Security 1049 OT SCI 10 44.83 448.30 27.79 6.50 100.11 14.08 596.78 Thursday Profitt Security 1641 OT ACCRED 10 30.98 309.80 19.21 4.49 69.18 9.73 412.41 Friday Vazquez Security 1260 OT SCI 10 41.52 415.20 25.74 6.02 92.71 13.04 552.71 Friday Wise Security 1432 OT ACE 10 38.31 383.10 23.75 5.55 85.55 12.03 509.98 Monday Debevec Security 1417 OT SCI 3 37.83 113.49 7.04 1.65 25.34 3.56 151.08 Monday Schackley Security 1623 OT SCI 9 31.39 282.51 17.52 4.10 63.08 8.87 376.08 Tuesday Rodriguez Security 1506 OT SCI 10 34.04 340.40 21.10 4.94 76.01 10.69 453.14 Tuesday Ciccone Security 1659 OT SCI 10 30.98 309.80 19.21 4.49 69.18 9.73 412.41 Wednesday Arbona Security 1416 OT SCI 10.5 37.95 398.48 24.71 5.78 88.98 12.51 530.45 Wednesday Milfort Security 1470 OT SCI 10.5 35.99 377.90 23.43 5.48 84.38 11.87 503.05 Thursday Surovec Security 1303 OT SCI 10.5 39.52 414.96 25.73 6.02 92.66 13.03 552.39 Thursday Kaler Security 1519 OT SCI 10 34.09 340.90 21.14 4.94 76.12 10.70 453.81 Friday Profitt Security 1641 OT SCI 8 30.98 247.84 15.37 3.59 55.34 7.78 329.92 Friday Esposito Security 1676 OT ACE 9 34.26 308.34 19.12 4.47 68.85 9.68 410.46 Monday Canales Key Control 996 OT Key Control 12 35.95 431.40 26.75 6.26 96.33 13.55 574.28 Monday Alexander Key Control 1407 OT Key Control 12 37.89 454.68 28.19 6.59 101.53 14.28 605.27 Monday Hosein Key Control 1410 OT Key Control 12 37.69 452.28 28.04 6.56 100.99 14.20 602.08 Monday Lyda Key Control 1411 OT Key Control 12 37.76 453.12 28.09 6.57 101.18 14.23 603.19 Monday Arbona Security 1416 OT SCl/ACI 10 37.95 379.50 23.53 5.50 84.74 11.92 505.19 Monday Kicklighter Security 1466 OT PM 3 35.89 107.67 6.68 1.56 24.04 3.38 143.33 Monday Wood Key Control 1926 OT Key Control 12 27.92 335.04 20.77 4.86 74.81 10.52 446.01 Tuesday Henrich Key Control 1237 OT Key Control 12 44.03 528.36 32.76 7.66 117.98 16.59 703.35 Tuesday Wise Key Control 1432 OT Key Control 12 38.31 459.72 28.50 6.67 102.66 14.44 611.98 Tuesday Lettman Key Control 1462 OT Key Control 12 36.07 432.84 26.84 6.28 96.65 13.59 576.20 Tuesday Kicklighter Security 1466 OT PM 2 35.89 71.78 4.45 1.04 16.03 2.25 95.55 Tuesday Psarreas Security 1652 OT SCl/ACI 10 30.98 309.80 19.21 4.49 69.18 9.73 412.41 Tuesday Joseph Key Control 1883 OT Key Control 12 29.60 355.20 22.02 5.15 79.32 11.15 472.84 Tuesday Claudio Key Control 1995 OT Key Control 12 27.92 335.04 20.77 4.86 74.81 10.52 446.01 Wednesday Wheeler Security 1201 OT PM 5 52.27 261.35 16.20 3.79 58.36 8.21 347.91 Wednesday Shinn, S. Key Control 1292 OT Key Control 12 41.39 496.68 30.79 7.20 110.91 15.60 661.18 Wednesday Beany Key Control 1425 OT Key Control 12 35.90 430.80 26.71 6.25 96.20 13.53 573.48 Wednesday Kicklighter Security 1466 OT PM 4.5 35.89 161.51 10.01 2.34 36.06 5.07 215.00 Wednesday Betances Key Control 1565 OT Key Control 12 32.73 392.76 24.35 5.70 87.70 12.33 522.84 Wednesday Medina Key Control 1672 OT Key Control 12 30.98 371.76 23.05 5.39 83.01 11.67 494.89 Wednesday Hazellief Security 1719 OT SCl/ACI 10 31.06 310.60 19.26 4.50 69.36 9.75 413.47 Packet Pg. 128 8.K.4.a Wednesday Jordan-Quiles Key Control 1998 OT Key Control 12 27.92 335.04 20.77 4.86 74.81 10.52 446.01 Thursday Mallow Key Control 324 OT Key Control 6 49.51 297.06 18.42 4.31 66.33 9.33 395.45 Thursday Shinn, S. Key Control 1292 OT Key Control 12 41.39 496.68 30.79 7.20 110.91 15.60 661.18 Thursday Alexander Key Control 1407 OT Key Control 12 37.89 454.68 28.19 6.59 101.53 14.28 605.27 Thursday Beany Key Control 1425 OT Key Control 12 35.90 430.80 26.71 6.25 96.20 13.53 573.48 Thursday Kicklighter Security 1466 OT PM 2 35.89 71.78 4.45 1.04 16.03 2.25 95.55 Thursday Acosta Security 1633 OT SCl/ACI 10 30.98 309.80 19.21 4.49 69.18 9.73 412.41 Thursday Grosse Key Control 1682 OT Key Control 12 30.98 371.76 23.05 5.39 83.01 11.67 494.89 Thursday Hassan Key Control 1929 OT Key Control 6 27.92 167.52 10.39 2.43 37.41 5.26 223.00 Friday Young Security 927 OT SCl/ACI 10 48.39 483.90 30.00 7.02 108.05 15.19 644.17 Friday Riedinger Key Control 1461 OT Key Control 12 36.21 434.52 26.94 6.30 97.03 13.64 578.43 Friday Kicklighter Security 1466 OT PM 2 35.89 71.78 4.45 1.04 16.03 2.25 95.55 Friday Phillips Key Control 1612 OT Key Control :::� 32.63 391.56 24.28 5.68 87.44 12.29 521.24 Friday Esposito Security 1676 OT ACE 10 34.26 342.60 21.24 4.97 76.50 10.76 456.07 Friday Dutra Key Control 1696 OT Key Control 12 30.98 371.76 23.05 5.39 83.01 11.67 494.89 Friday Labalbo Key Control 2016 OT Key Control 12 27.92 335.04 20.77 4.86 74.81 10.52 446.01 Friday Gregory Key Control 2017 OT Key Control 12 27.92 335.04 20.77 4.86 74.81 10.52 446.01 Saturday Buchko Security 1276 OT PM 8 53.91 431.28 26.74 6.25 96.30 13.54 574.12 Saturday Mason, R. Key Control 1392 OT Key Control 12 37.89 454.68 28.19 6.59 101.53 14.28 605.27 Saturday Morgan Key Control 1394 OT Key Control 12 37.64 451.68 28.00 6.55 100.86 14.18 601.28 Saturday Baptiste Security 1398 OT SCl/ACI 11 37.64 414.04 25.67 6.00 92.46 13.00 551.17 Saturday Dale Key Control 1687 OT Key Control 12 30.98 371.76 23.05 5.39 83.01 11.67 494.89 Saturday Gilchrist Key Control 1787 OT Key Control 11� 31.09 373.08 23.13 5.41 83.31 11.71 496.64 Saturday Joseph Key Control 1883 OT Key Control 12 29.60 355.20 22.02 5.15 79.32 11.15 472.84 Sunday Feliciano Key Control 1323 OT Key Control 12 39.69 476.28 29.53 6.91 106.35 14.96 634.02 Sunday Morgan Security 1394 OT OT 5 37.64 188.20 11.67 2.73 42.03 5.91 250.53 Sunday Mason, N. Key Control 1439 OT Key Control 12 35.96 431.52 26.75 6.26 96.36 13.55 574.44 Sunday Kicklighter Security 1466 OT PM 2 35.89 71.78 4.45 1.04 16.03 2.25 95.55 Sunday Flowers Key Control 1564 OT Key Control 12 35.84 430.08 26.66 6.24 96.04 13.50 572.52 Sunday Sims Key Control 1924 OT Key Control 12 28.01 336.12 20.84 4.87 75.06 10.55 447.44 Sunday Obregon Key Control 1962 OT Key Control 12 27.92 335.04 20.77 4.86 74.81 10.52 446.01 Monday Mallow Key Control 324 OT Key Control 12 49.51 594.12 36.84 8.61 132.67 18.66 790.89 Monday Newton Key Control 748 OT Key Control 12 49.57 594.84 36.88 8.63 132.83 18.68 791.85 Monday Debevec Kev Control 1417 OT KeX.0 ontrol 12 37.83 453.96 28.15 6.58 101.37 14.25 604.31 Monday Kicklighter Security 1466 OT PM 2 35.89 71.78 4.45 1.04 16.03 2.25 95.55 Monday Morales Security 1560 OT SCl/ACI 10 34.05 340.50 21.11 4.94 76.03 10.69 453.27 Monday Acosta �W` 1633 OT 12 30.98 371.76 23.05 5.39 83.01 11.67 494.89 Monday Scavuzzo Security 1784 OT SCl/ACI 10 27.92 279.20 17.31 4.05 62.35 8.77 371.67 Monday Hassan Key Control 1929 OT Key Control 12 27.92 335.04 20.77 4.86 74.81 10.52 446.01 Tuesday Kicklighter Security 1466 OT PM 2 35.89 71.78 4.45 1.04 16.03 2.25 95.55 Tuesday Betances Key Control 1565 OT Key Control 12 32.73 392.76 24.35 5.70 87.70 12.33 522.84 Tuesday Celano Security 1568 OT SCl/ACI 10 32.51 325.10 20.16 4.71 72.59 10.21 432.77 Tuesday Celano Key Control 1568 OT Key Control 12 32.51 390.12 24.19 5.66 87.11 12.25 519.33 Tuesday Profitt Security 1641 OT SCl/ACI 10 30.98 309.80 19.21 4.49 69.18 9.73 412.41 Tuesday Shirley 14 ACE 1654 OT Key Control 12 30.98 371.76 23.05 5.39 83.01 11.67 494.89 Tuesday Esposito Security 1676 OT ACE 1 34.26 34.26 2.12 0.50 7.65 1.08 45.61 Tuesday Rodriguez Key Control 1963 OT Key Control 12 27.92 335.04 20.77 4.86 74.81 10.52 446.01 Tuesday Jordan-Quiles Key Control 1998 OT Key Control 12 27.92 335.04 20.77 4.86 74.81 10.52 446.01 Wednesday Hocker Key Control 1261 OT Key Control 12 41.43 497.16 30.82 7.21 111.02 15.61 661.82 Packet Pg. 129 8.K.4.a Wednesday Burkleo Key Control 1369 OT Key Control 41.24 494.88 30.68 7.18 110.51 15.54 658.78 Wednesday Arbona Key Control 1416 OT Key Control 37.95 455.40 28.23 6.60 101.69 14.30 606.23 Wednesday Kicklighter Security 146 OT PM 1 35.89 35.89 2.23 0.52 8.01 1.13 47.78 Wednesday Kaler Security 151 OT SCl/ACI 10 34.09 340.90 21.14 4.94 76.12 10.70 453.81 Wednesday Iles Security 162 OT SCl/ACI 10 31.03 310.30 19.24 4.50 69.29 9.74 413.07 Wednesday Esposito Security 1676 OT ACE 1 34.26 34.26 2.12 0.50 7.65 1.08 45.61 Wednesday Dutra Key Control 1696 OT Key Control 12 30.98 371.76 23.05 5.39 83.01 11.67 494.89 Wednesday Santiago Key Control 1815 OT Key Control 12 31.03 372.36 23.09 5.40 83.15 11.69 495.69 Thursday Shinn, S Security 1292 OT SCl/ACI 9 41.39 372.51 23.10 5.40 83.18 11.70 495.89 Thursday BeanXr- Key Control 1425 OT Key Control 12 35.90 430.80 26.71 6.25 96.20 13.53 573.48 Thursday Mason, N Security 1439 OT SCl/ACI 9 35.96 323.64 20.07 4.69 72.27 10.16 430.83 Thursday Johnson, D. Key Control 1442 QT Key Control 6 38.54 231.24 14.34 3.35 51.64 7.26 307.83 Thursday Kicklighter Security 1466 OT PM 1 35.89 35.89 2.23 0.52 8.01 1.13 47.78 Thursday Alfaro Key Control 1780 OT Key Control 12 30.99 371.88 23.06 5.39 83.04 11.68 495.05 Thursday Gilcrist Key Control 1787 OT Key Control 12 31.09 373.08 23.13 5.41 83.31 11.71 496.64 Thursday Defournoy Key Control 1925 OT Key Control 6 27.92 167.52 10.39 2.43 37.41 5.26 223.00 Thursday Cruz -Claudio Key Control 1995 OT Key Control 12 27.92 335.04 20.77 4.86 74.81 10.52 446.01 Friday Riedinger Security 1461 OT SCl/ACI 9.5 36.21 344.00 21.33 4.99 76.81 10.80 457.93 Friday Kicklighter Security 1466 OT PM 2 35.89 71.78 4.45 1.04 16.03 2.25 95.55 Friday Morales Security 1560 OT SCl/ACI 9.5 34.05 323.48 20.06 4.69 72.23 10.16 430.61 Friday Profitt Key Control 1641 OT Key Control 12 30.98 371.76 23.05 5.39 83.01 11.67 494.89 Friday Stokely Key Control 1754 OT Key Control 12 31.03 372.36 23.09 5.40 83.15 11.69 495.69 Friday Wright Key Control 1795 OT Key Control 12 30.99 371.88 23.06 5.39 83.04 11.68 495.05 Friday Redler, N. Key Control 1837 OT Key Control 12 30.98 371.76 23.05 5.39 83.01 11.67 494.89 Friday Whitaker Key Control 1977 OT Key Control 12 27.92 335.04 20.77 4.86 74.81 10.52 446.01 Saturday Newkirk Key Control 1008 OT Key Control 12 44.83 537.96 33.35 7.80 120.13 16.89 716.13 Saturday Arcentales Security 1271 OT SCl/ACI 9 41.40 372.60 23.10 5.40 83.20 11.70 496.01 Saturday Kicklighter Security 1466 OT PM 2 35.89 71.78 4.45 1.04 16.03 2.25 95.55 Saturday Harless Key Control 1556 OT Key Control 12 37.64 451.68 28.00 6.55 100.86 14.18 601.28 Saturday Difillippi Key Control 1714 OT Key Control 12 35.76 429.12 26.61 6.22 95.82 13.47 571.24 Saturday Stokely Security 1754 OT SCl/ACI 9 31.03 279.27 17.31 4.05 62.36 8.77 371.76 Saturday Martello Key Control 1760 OT Key Control 12 30.99 371.88 23.06 5.39 83.04 11.68 495.05 Saturday Lassasso Key Control 1800 OT Key Control 12 30.99 371.88 23.06 5.39 83.04 11.68 495.05 Sunday Knight Key Control 761 OT Key Control 12 37.64 451.68 28.00 6.55 100.86 14.18 601.28 Sunday Lane Key Control 1084 OT Key Control 12 44.00 528.00 32.74 7.66 117.90 16.58 702.87 Sunday Tufte Key Control 1352 OT Key Control 12 37.98 455.76 28.26 6.61 101.77 14.31 606.71 Sunday Betances Key Control 1565 OT Key Control 12 32.73 392.76 24.35 5.70 87.70 12.33 522.84 Sunday Shirley Key Control 1654 OT Key Control 12 30.98 371.76 23.05 5.39 83.01 11.67 494.89 Monday Cruce Key Control 1090 OT Key Control 12 43.09 517.08 32.06 7.50 115.46 16.24 688.34 Monday Sokolowski Security 1294 OT SCl/ACI 10 39.65 396.50 24.58 5.75 88.54 12.45 527.82 Monday Baptiste Key Control 1398 OT Key Control 12 37.64 451.68 28.00 6.55 100.86 14.18 601.28 Monday Arbona Key Control 1416 OT Key Control 12 37.95 455.40 28.23 6.60 101.69 14.30 606.23 Monday Kicklighter Security 1466 OT PM 1 35.89 35.89 2.23 0.52 8.01 1.13 47.78 Monday Dale Key Control 1687 OT Key Control 12 30.98 371.76 23.05 5.39 83.01 11.67 494.89 Monday Dutra Security 1696 OT SCl/ACI 10.5 30.98 325.29 20.17 4.72 72.64 10.21 433.03 Monday Gumm Key Control 2005 OT Key Control 12 27.92 335.04 20.77 4.86 74.81 10.52 446.01 Tuesday Young Key Control 927 OT Key Control 12 48.39 580.68 36.00 8.42 129.67 18.23 773.00 Tuesday Feliciano Security 1323 OT SCl/ACI 9.5 39.69 377.06 23.38 5.47 84.20 11.84 501.94 Tuesday Johnson, D. Operations 1442 OT Key Control 7 38.54 231.24 14.34 3.35 51.64 7.26 307.83 Packet Pg. 130 8.K.4.a Tuesday Lettman Security 1462 OT SCl/ACI 9.5 36.07 342.67 21.25 4.97 76.52 10.76 456.16 Tuesday Kicklighter Security 1466 OT PM 1 35.89 35.89 2.23 0.52 8.01 1.13 47.78 Tuesday Gilchrist Key Control _ 1787 OT Key Control 12 31.09 373.08 23.13 5.41 83.31 11.71 496.64 Tuesday Joseph Key Control 1883 OT Key Control 12 29.60 355.20 22.02 5.15 79.32 11.15 472.84 Tuesday Cruz -Claudio Key Control 1995 OT Key Control 6 27.92 167.52 10.39 2.43 37.41 5.26 223.00 Wednesday Kicklighter Security 1466 OT PM 2.5 35.89 89.73 5.56 1.30 20.04 2.82 119.44 Wednesday Jones Key Control 1493 OT Key Control 2 34.15 68.30 4.23 0.99 15.25 2.14 90.92 Wednesday Stokely Key Control 1754 OT Key Control 12 31.03 372.36 23.09 5.40 83.15 11.69 495.69 Wednesday Dennie Key Control 1900 OT Key Control 12 29.45 353.40 21.91 5.12 78.91 11.10 470.45 Wednesday Jensen Key Control 1906 OT Key Control 12 29.67 356.04 22.07 5.16 79.50 11.18 473.96 Wednesday Whitaker Key Control 1977 OT Key Control 12 27.92 335.04 20.77 4.86 74.81 10.52 446.01 Thursday Perkins, K. Key Control 1049 OT Key Control 12 44.83 537.96 33.35 7.80 120.13 16.89 716.13 Thursday Celano Key Control 1568 OT Key Control 12 32.51 390.12 24.19 5.66 87.11 12.25 519.33 Thursday Grosse Key Control 1682 OT Key Control 12 30.98 371.76 23.05 5.39 83.01 11.67 494.89 63,701.02 3,949.46 923.66 14,224.44 2,000.21 84,798.79 Q Packet Pg. 131 8.L.1 ITEM NO. (ID # 3725) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: DATE AGENDA REQUEST Board of County Commissioners Diana Waite, Senior Planner Planning Division Ravinia Planned Unit Development Application Fee 09/20/2016 *CONSENT AGENDA\PLANNING & DEVELOPMENT SERVICES Centerline Capital Investors has requested relief from a portion of the PUD application fees for a project known as Ravinia PUD. This project was previously granted Final PUD approval on June 20, 2006, through Resolution 06-159. The Resolution granted a change in zoning to PUD - Ravinia and development plan approval; however, the associated development plan expired. The Ravinia PUD Zoning remains on the parcel, without an approved development plan. According to our records, the only project with similar conditions was the Silver Oaks PUD which was also rezoned to PUD, and subsequently expired. A new Silver Oaks PUD development plan was submitted with a Final PUD application and fee only. Staff has determined that a Preliminary and Final PUD application is required, however, staff is in support of the applicant's request for relief from the Preliminary PUD application fee. On August 9, 2016, the Ravinia PUD was submitted as a Preliminary and Final PUD application along with all applicable fees. If the Board approves the applicant's request, the Preliminary PUD fee would be refunded to the applicant. According to the adopted fee schedule, the Planned Unit Development (PUD) District application fees are as follows: Preliminary PUD (54 acres) $5,525.00 (Base fee, $5,400 plus acreage, $125) Final PUD $2,400.00, plus $400.00 concurrency, $150 ERD, $50 Utilities, and $125 acreage fee = $3,125 The Ravinia Final PUD was approved in 2006 with an expiration date of June 20, 2008. The PUD provided for a 120 unit single-family residential community on 60.31 acres located on the south side of West Midway Road, approximately .5 mile west of South 25t" Street. The subsequent economic downturn resulted in the project not proceeding to development. On May 28, 2010, Senate Bill 1752 was signed into law in recognition of the economic downturn. This Senate Bill provided for an extension of development orders with an expiration date of September 1, 2008 through January 1, 2012, making Ravinia ineligible for the extension. Packet Pg. 132 8.L.1 The applicant previously requested a site plan extension, Development Agreement and submitted an application for a Major Adjustment to the PUD; however, those applications were not completed due to the developer objections related to a required $567,940 proportionate share payment for Midway Road improvements. Since that time, the roadway improvements to address the Midway Road deficiencies for the segment between US Highway 1 and South 25t" Street have been included in the first three years of the FDOT Transportation Improvement Program. This allows the proposed four lane roadway's capacity to be used for the purposes of meeting the County's Adequate Public Facilities as set forth in Chapter 5 of the Land Development Code. Based upon the 2016 fee schedule, Road Impact fees for the project would be $719,850. Also, since approval of the project, St. Lucie County purchased 5.5 acres for the construction of stormwater ponds associated with the Midway Road widening project. The proposed PUD will exclude those lands from the project's development plan. The proposed Ravinia-PUD adds 30 single-family units which will require submission of a future land use map amendment to change a portion of the site from RS (Residential, Suburban - 2 du/ac) to RU (Residential Urban - 5 du/ac). To provide for the additional units the lot sizes will be reduced from 50 foot wide lots to 40 foot wide lots. The interior roadways, preserve area acreage and buffers will not be reduced. The applicant has indicated the following reasons to justify the application fee relief: The new development plan will exclude the County purchased stormwater treatment areas from the Ravinia PUD development plan. Due to time frames in the Senate Bills, this project was not eligible for extension afforded many developments during the economic downturn. Midway Road is being widened, and sufficient roadway capacity can now be included to address concurrency without a proportionate share payment. The project will extend City of Port St. Lucie water and wastewater lines to the north along South 25th, closer to Midway Road area. Staff recommends that the Board recognize the unique circumstances of this project's history and grant relief from the Preliminary PUD application fee of $5,525. PREVIOUS ACTION: September 17, 2009 - 5.54 acres transferred to the County for stormwater treatment. August 9, 2016 - Preliminary and Final Ravinia PUD application submitted, excluding County stormwater ponds. FINANCIAL IMPACT: $5,525 refunded from PDS Fund 102--1510-349100-100. RECOMMENDATION: Staff recommends approval of the applicant's request. COMMISSION ACTION: updated: 9/9/2016 3:17 PM by Katrina Slay Page 2 Packet Pg. 133 8.L.1 Coordination/Signatures L li I Director Planning & Development Services 9/6/2016 4anief&"McIntyre,orney 9/7/2016 rk 5 er ee, Dep utf County ministrator' 9/9/2016 Updated: 9/9/2016 3:17 PM by Katrina Slay Page 3 Packet Pg. 134 8.L.1.a c'ENTERLINE CAPITAL ADVISORS August 10, 2016 To: St. Lucie County Board of County Commissioners Re: Ravinia PUD Fees To Whom It May Concern: On behalf of Ravinia Port St. Lucie, LLC, we are requesting relief from a portion of the PUD application fees. Previously we were granted approval of the PUD-Ravinia, however the associated development plan approval has expired. We are now proposing to submit a similar development plan for consideration. We are requesting relief from the Preliminary PUD application fee only. The Final PUD application will be submitted with all other applicable fees. The Ravinia Final PUD was approved in 2005 with an expiration date of June 20, 2008. The PUD was a 120-unit single-family residential community (ungated) on 60.31 acres located on the south side of West Midway Road, approximately .5 miles west of South 25th Street. The subsequent economic downturn resulted in the project not proceeding to development. Senate Bill 1752 was provided in recognition of the economic downturn. The Senate Bill provided for automatic extension for development orders that had an expiration date of September 1, 2008 through January 1, 2012, malting Ravinia ineligible forthis extension. In 2010, we tried to retain the PUD approval by submitting a request for a site plan extension, Development Agreement and an application for a Major Adjustment to the PUD. DRC substantially completed their review of the revised site plans, but the project was not completed due to cost concerns related to our proportionate share payment of Midway Road improvements. Our application was administratively withdrawn on August 22, 2012, and the site plan expired leaving the Ravinia PUD zoning designation on the property. Since approval of the project, St. Lucie County purchased 5.5 acres for the construction of storm water ponds associated with the Midway Road widening project. In addition, the FDOT Transportation Improvement Program now provides for the construction of Midway Road within 3 years allowing for the issuance of a Certificate of Capacity for the project. The new Ravinia-PUD plan is proposed to include an additional 30 single-family units which will require submission of a future land use map amendment to change the designation from RS (Residential, Suburban — 2 du/ac) to RU (Residential Urban- 5 du/ac). To provide for the additional units the lot sizes will be reduced to 40-foot-wide lots. The interior roadways, preserve area acreage and buffers will not be reduced. We are indicating the following reasons to justify the application fee relief: • The new development plan will exclude the County purchased storm water treatment areas from the Ravinia PUD development plan. • Due to the timeframes in the Senate Bills, this project was not eligible for extension afforded to many developments during the economic downturn. • Midway Road is being widen and sufficient roadway capacity can now be included to address concurrency without a proportionate share payment. • The project will extend City of Port St. Lucie water and wastewater lines to the north along South 25th, closer to Midway Road area. Your careful consider ' n ' appreciated. Respe ly Y rs, ig Perry Ravinia Port St. Lucie, LLC. 15481 SW 121' Street #309, Sunrise, FL 33326 (954) 210-7352 www.Centerlineca.com Packet Pg. 135 8.L.1.b Orange Ave echobee Rd 'a ry (D c J Mi Indrio Rd is Subject Property �a 3 U) D Port St Lucie Blvd Proposed Ravinia PUD = 'O co ^ O , �11007 O CL0RI �s 0 1.5 3 Map prepare Packet Pg. 136 I 8.L.1.b I Proposed Ravinia PUD Q Legend 0 375 750 1,125 1,500qVT "�w N Subject Parcel Feet Aerial date: 2016 Map prepared August 16 Packet Pg. 137 1 8.L Proposed Ravinia PUD AR-1 I I AR-1 � AR-1 I z I AR-1 CO CN LuPNRD Co ,z AR-1 PUD/SEU AR-1 RS-2 AR-1 w z w af Co 0 \A/ %A I WAY R n RELIEF AR-1 COI AR-1 I IRS-2 co IRS-2 Ln N RIVER,HAMM OCK LN— IRS-2 CANOE -CREEK .LN F RS-2 GRAND.OAK AVE of sT PUD ❑ 9� C6 LLJ NW SCEPTER DR Q 0yr s� Lu z Legend St Lucie Coutny Zoning Codes City of Port St Lucie Zoning Codes N ect Parcel AR-1 -Agricultural Residential (1 du/ac) PNRD - Planned Non -Residential Development RS-2 - Residential Single Family Sub � CG -Commercial General PUD -Planned Unit Development (2 du/ac) ®. City of Port St. Lucie CN - Commercial Neighborhood RS-2 - Residential Single Family (2 du/ac) PUD/SEU - Planned Unit Development/ CO - Commercial Office RS-3 - Residential Single Family (3 du/ac) Special Exception Use I - Institutional RS-4 - Residential Single Family (4 du/ac) Map Dat Packet Pg. 138 8.N.1 ITEM NO. RES-2016-145 TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: DATE: 09/20/2016 AGENDA REQUEST Board of County Commissioners Michael Powley, County Engineer Engineering Resolution - Johnston Road Speed Limit Reduction *CONSENT AGENDA\PUBLIC WORKS The Florida Department of Transportation (FDOT) is currently widening Indrio Road between 1-95 and Emerson Avenue in northeast St. Lucie County. This project includes work on Johnston Road which will require a permanent speed reduction from 55 miles per hour to 45 miles per hour. The speed reduction will extend from Indrio Road northward approximately 3,500 feet (0.66 miles+/-). In order to enhance the safety of the traveling public, as well as that of the construction workers, FDOT has requested that the reduction occur now rather than waiting until the project is complete. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board approval of attached resolution and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 139 8.N.1 Coordination/Signatures n We t, Public Works Directo kl-'�016 4anieA. McIntyre, C my ttorney 9/2/2016 Updated: 9/19/2016 9:56 AM by Katrina Slay Page 2 Packet Pg. 140 RESOLUTION NO. 16- 8.N.1.a A RESOLUTION ESTABLISHING A SPEED LIMIT OF FORTY- FIVE (45) MILES PER HOUR ON JOHNSTON ROAD (CR 707) FROM INDRIO ROAD NORTHWARD APPROXIMATELY 3,500 FEET, ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 316.008(1), Florida Statutes, authorizes the Board to designate speed limits, both as to maximum and minimum, for streets and highways under its jurisdiction after investigation determines such a change is reasonable and in conformity to criteria promulgated by the Department of Transportation. 2. Pursuant to Section 46-1 of the St. Lucie County Code of Ordinances of St. Lucie County, the Board is authorized to adopt speed limits by resolution. 3. The Public Works Department of St. Lucie County has recommended that a speed limit of Forty -Five (45) miles per hour be designated on Johnston Road from Indrio Road northward approximately 3,500 feet. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. A speed limit of Forty -Five (45) miles per hour is hereby established on Johnston Road from Indrio Road northward approximately 3,500 feet. 2. The St. Lucie County Road and Bridge Manager is hereby directed to erect Forty -Five (45) miles per hour speed limit signs on Johnston Road from Indrio Road northward approximately 3,500 feet. 3. The County Administrator is hereby directed to provide copies of this resolution to the Sheriff of St. Lucie County and to the St. Lucie County Road and Bridge Manager. ATTEST: PASSED AND DULY ADOPTED this 2 0 th day of September, 2016. After motion and second, the vote on this resolution was as follows: DEPUTY CLERK Chairman Kim Johnson XX Vice Chair Chris Dzadovsky XX Commissioner Tod Mowery XX Commissioner Paula A. Lewis XX Commissioner Frannie Hutchinson XX BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY Packet Pg. 141 8.N.2 ITEM NO. RES-2016-146 TO: PRESENTED BY: SUBMITTED BY: ci irtirrT- BACKGROUND: DATE: 09/20/2016 AGENDA REQUEST Board of County Commissioners Michael Powley, County Engineer Engineering Resolution - Indian River Drive Speed Limit Restore *CONSENT AGENDA\PUBLIC WORKS The storm of January 9, 2014 significantly damaged portions of Indian River Drive. A length of the roadway in the vicinity of 8001 was damaged to the extent a speed reduction from 35 miles per hour to 30 miles per hour 1000 feet north and south was implemented. This damage has been repaired. The hazard prompting the speed reduction no longer exists. It is appropriate to return the speed limit to the previously posted 35 miles per hour. PREVIOUS ACTION: February 2, 2014 - Board approved Resolution 2014-15 and authorization for the Chairman to sign documents as approved by the County Attorney. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board approval of attached resolution and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 142 8.N.2 Coordination/Signatures n We t, Public Works Directo kl-'�016 anie sW're,,t, orney 9/7/2016 b d De nun Administrator 9/9/2016 Updated: 9/19/2016 9:56 AM by Katrina Slay Page 2 Packet Pg. 143 RESOLUTION NO. 16- 8.N.2.a A RESOLUTION RESTORING THE SPEED LIMIT OF THIRTY- FIVE (35) MILES PER HOUR ON INDIAN RIVER DRIVE (CR 707) 1000 FEET NORTH AND 1000 FEET SOUTH OF 8001 INDIAN RIVER DRIVE, ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 316.008(1), Florida Statutes, authorizes the Board to designate speed limits, both as to maximum and minimum, for streets and highways under its jurisdiction after investigation determines such a change is reasonable and in conformity to criteria promulgated by the Department of Transportation. 2. Pursuant to Section 46-1 of the Code of Ordinances of St. Lucie County, the Board is authorized to adopt speed limits by resolution. 3. The Public Works Department of St. Lucie County has recommended that a speed limit of THIRTY-FIVE (35) miles per hour be restored on both sides of Indian River Drive 1000 feet north and 1000 feet south of 8001 Indian River Drive. The Sheriff's Department has concurred with the recommendation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. A speed limit of THIRTY-FIVE (35) miles per hour is hereby r e s t o r e d on both sides of Indian River Drive 1000 feet north and 1000 feet south of 8001 Indian River Drive. 2. The St. Lucie County Road and Bridge Manager is hereby directed to erect THIRTY-FIVE (35) miles per hour speed limit signs on both sides of Indian River Drive 1000 feet north and 1000 feet south of 8001 Indian River Drive. 3. The County Administrator is hereby directed to provide copies of this resolution to the Sheriff of St. Lucie County and to the St. Lucie County Road and Bridge Manager. After motion and second, the vote on this resolution was as follows: PASSED AND DULY ADOPTED this 2 0 th day of September, 2016 Chairman Kim Johnson XX Vice Chairman Chris Dzadovsky XX Commissioner Tod Mowery XX Commissioner Paula A. Lewis XX Commissioner Frannie Hutchinson XX PASSED AND DULY ADOPTED this 20LLh day of September 2016. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA f° N BY: 00 Chairman42 m APPROVED AS TO FORM AND CORRECTNESS: E t v BY: Q County Attorney Packet Pg. 144 8.N.3 ITEM NO. RES-2016-147 TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Michael Powley, County Engineer Engineering DATE: 09/20/2016 *CONSENT AGENDA\PUBLIC WORKS Resolution - Verada Ditch Settlement Agreement Funds Funds related to the settlement of the Verada Ditch project in the amount of $1,547,820.81 have become available. This project is currently under construction. It is our desire to utilize these funds in lieu of the presently encumbered funds. PREVIOUS ACTION: January 15, 2013 - Board approved the acceptance of Verada Ditch Improvements North project and Verada Ditch Improvements South project. March 5, 2013 - Work Authorization No. 5 to the Stormwater Management Contract (C09-10-663) with Inwood Consulting Engineers in the amount of $235,811 for the Verada Ditch Interim Repairs and Drainage Basin Study. September 2, 2014 - Work Authorization No. 7 to the Stormwater Management Contract (C09-10-663) with Inwood Consulting Engineers in the amount of $174,830 for Verada Ditch Permanent Repair Design. April 7, 2015 - First Amendment to Work Authorization No. 7 in the amount of $12,660.43 was executed by the County Administrator. August 4, 2015 - Second Amendment to Work Authorization No. 7 to the Stormwater Management Contract (C09-10-663) with Inwood Consulting Engineers in the amount of $63,983.93. FINANCIAL IMPACT: Since these funds were not anticipated in FY16, funding is not appropriated in the adopted budget; therefore, a budget needs to be established to expend these funds. Funds will be made available in the Settlements Account (101003-4115-369310-123606) for Maintenance Improvement Project expenses (101003-4115-546200-123606). RECOMMENDATION: Packet Pg. 145 8.N.3 Staff recommends Board approval of the attached budget resolution and requests authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures .,_ - C Con WeSk, Public Works Director c 016 �- -� ti iaW),ieYi'5—.Mjc'IWnty're,nt,orney 9/7/2016 h y burn,off f e e OudgetDlrector 9/9/2016 d De ,oun Administrator 9/14/2016 Updated: 9/13/2016 2:01 PM by Katrina Slay A Page 2 Packet Pg. 146 RESOLUTION 8.N.3.a WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the form of a Settlement Agreement between St. Lucie County, Miller Legg & Assoc., Andersen Andre Consulting Engineers, Inc., Dunkelberger Engineering & Testing, Inc., Ranger Construction Industries, Inc., Admiral Insurance Company, Hudson Insurance Company, Continental Casualty Company, and Travelers Casualty and Surety Company of America, in the amount of $1,547,820.81 for the Verada Ditch project. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 20th day of September, 2016, pursuant to Section 129.06 (d), Florida Statutes that such funds are hereby appropriated for the fiscal year 2015-2016, and the County's budget is hereby amended as follows: REVENUE 101003-4115-369310-123606 APPROPRIATIONS 101003-4115-546200-123606 Settlements Maintenance Improvement Projects After motion and second the vote on this resolution was as follows: Commissioner Kim Johnson, Chairman XXX Commissioner Chris Dzadovsky, Vice Chairman XXX Commissioner Tod Mowery XXX Commissioner Frannie Hutchinson XXX Commissioner Paula A. Lewis XXX PASSED AND DULY ADOPTED THIS 20TH DAY OF SEPTEMBER, 2016. ATTEST: DEPUTY CLERK $1, 547, 821 $1,547,821 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Packet Pg. 147 8.N.4 ITEM NO. RES-2016-148 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Don West, Public Works Director Public Works DATE: 09/20/2016 *CONSENT AGENDA\PUBLIC WORKS Resolution - Paradise Park System 4 - Phase 5 Stormwater Retrofit; Indian River Lagoon Council Paradise Park Subdivision consists of approximately 168 acres located on North 15th, 17th 19th, 21 and 23 Streets between two drainage canals: South Florida Water Management District (SFWMD) Canal 25 and Ft. Pierce Farms Water Control District (FPFWCD) Canal 1. The subdivision was developed in the 1960's before State water quality regulations were developed, and has poor storm water conveyances and lack of stormwater treatment. During rain events, the stormwater outfalls directly into the two canals, both of which discharge into the Indian River Lagoon by means of Taylor Creek, approximately one- quarter mile away. Water quality of the runoff from this area is poor and contains debris, sediment and contaminants such as oil, grease, fertilizers and pesticides, which are being deposited into St Lucie County's natural surface water bodies, most notably the Indian River Lagoon which is already undergoing major dredging to remove all of the above contaminants and silt deposits. These pollutants have been determined to be detrimental to the health of the area's natural resources including the Lagoon. Project improvements will include drainage swales along the subdivision streets for pre-treatment and conveyance to stormwater detention and treatment facilities, stormwater runoff treatment facilities will include dry detention ponds and control structures for discharge of treated runoff to the C-25 and Ft. Pierce Canals. The proposed storm water conveyances and treatment areas will dramatically reduce outfall of fresh water and storm water pollutants from Paradise Park into the Indian River Lagoon. Phase 1 of this project was completed in May 2007, Phase 2 in June 2010, and Phase 3 in April 2013. This current grant allocation from the Indian River Lagoon National Estuary Program (IRLNEP) in the amount of $125,000 will be paired with funding from St. Lucie River Issues Team (SLRIT) to assist with expenses associated with construction of the stormwater conveyance and treatment systems in Phase 5. A fifty percent grant match is required. Therefore the total IRLNEP related project cost for Phase 5 of the Packet Pg. 148 8.N.4 Paradise Park retrofit is estimated at $250,000. PREVIOUS ACTION: January 11, 2016 - Administrative approval to submit a grant application to the Indian River Lagoon Council. FINANCIAL IMPACT: Funds are available in 102001-3725-563000-103608 (Stormwater MSTU Project for Paradise Park System 4 — Phase 5) RECOMMENDATION: Staff recommends Board approval of Indian River Lagoon Council Cost -Share Agreement No. 01-1871 in the amount of $125,000.00 for the Paradise Park System 4 - Phase 5 Stormwater Retrofit Project and acceptance of the and for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures ALI — Ton West, Public Works Directa �u 2016 anie S.Mclntyre,C my ttorney 9/9/2016 MhW7 burn, O#fAdr"eiteBudget Director 9/9/2016 d De gun Administrator 9/14/2016 updated: 9/14/2016 1:15 PM by Katrina Slay Page 2 Packet Pg. 149 8.N.4.a Contract #01-1871 AGENCY COST -SHARE AGREEMENT BY AND BETWEEN THE IRL COUNCIL AND THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS, FOR PARADISE PARK STORM WATER PROJECT PHASE 5—SYSTEM 4 THIS AGREEMENT ("Agreement") is entered into between the IRL COUNCIL ("the Council'), whose address is 1235 Main Street, Sebastian, Florida 32958, and the ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is 2300 Virginia Avenue, Fort Pierce, Florida 34982 ("Recipient"). All references to the parties hereto include the parties, their officers, employees, agents, successors, and assigns. The waters of the state of Florida are among its basic resources, and the Council has been authorized by the United States Environmental Protection Agency to be the local sponsor for the Indian River Lagoon National Estuary Program. Pursuant to the IRL. Council Interlocal Agreement, the Council is responsible for managing the Indian River Lagoon National Estuary Program. The Council has determined that providing cost -share funding to Recipient for the purposes provided for herein will benefit the management of the water resources of the Indian River Lagoon. The parties have agreed to jointly fund the following project to benefit the water resources in accordance with the funding formula further described in the Statement of Work, Attachment A (hereafter "the Project"): Project description: The overall project is designed to treat 75% of one -inch runoff volume of the entire 175.6-acre stormwater basin in the dry detention ponds with additional treatment provided through the swales. The system is further designed to attenuate the 25 year/3-day storm event, which is 10.2 inches of rain. Based upon this design, the system will provide a pollutant load reduction of 90% to 95% for suspended solids. The system will also provide reduction of 65% of phosphorous and nitrogen. In consideration of the above recitals, and the funding assistance described below, Recipient agrees to perform and complete the activities provided for in the Statement of Work, Attachment A. Recipient shall complete the Project in conformity with the contract documents and all attachments and other items incorporated by reference herein. This Agreement consists of all of the following documents: (1) Agreement, (2) Attachment A- Statement of Work; and (3) all attachments, if any. The parties hereby agree to the following terms and conditions. 1. TERM; WITHDRAWAL OF OFFER (a) The term of this Agreement is from the date upon which the last party has dated and executed the same ("Effective Date") until September 30, 2018 ("Completion Date"). Recipient shall not commence the Project until any required submittals are received and approved. Recipient shall commence performance within fifteen (15) days after the Effective Date and shall complete performance in accordance with the time for completion stated in the Statement of Work. Time is of the essence for every aspect of this Agreement, including any time extensions. Notwithstanding specific mention that Page 1 Packet Pg. 150 8.N.4.a Contract #01-1871 certain provisions survive termination or expiration of this Agreement, all provisions of this Agreement that by their nature extend beyond the Completion Date survive termination or expiration hereof. (b) This Agreement constitutes an offer until authorized, signed and returned to the Council by Recipient. This offer terminates forty-five (45) days after receipt by Recipient; provided, however, that Recipient may submit a written request for extension of this time limit to the Council's Project Manager, stating the reason(s) therefor. The Project Manager shall notify Recipient in writing if an extension is granted or denied. If granted, this Agreement shall be deemed modified accordingly without any further action by the parties. 2. DELIVERABLES. Recipient shall fully implement the Project, as described in the Statement of Work, Attachment A. Recipient is responsible for the professional quality, technical accuracy, and timely completion of the Project. Both workmanship and materials shall be of good quality. Unless otherwise specifically provided for herein, Recipient shall provide and pay for all materials, labor, and other facilities and equipment necessary to complete the Project. The Council's Project Manager shall make a final acceptance inspection of the Project when completed and finished in all respects. Upon satisfactory completion of the Project, the Council will provide Recipient a written statement indicating that the Project has been completed in accordance with this Agreement. Acceptance of the final payment by Recipient shall constitute a release in full of all claims against the Council arising from or by reason of this Agreement. 3. OWNERSHIP OF DELIVERABLES. Unless otherwise provided herein, the Council does not assert an ownership interest in any of the deliverables under this Agreement. 4. AMOUNT OF FUNDING (a) For satisfactory completion of the Project, the Council shall pay Recipient approximately fifty percent (50%) of the total cost of the Project, but in no event shall the Council cost - share exceed $125,000. The Council cost -share is not subject to modification based upon price escalation in implementing the Project during the term of this Agreement. Recipient shall be responsible for payment of all costs necessary to ensure completion of the Project. Recipient shall notify the Council's Project Manager in writing upon receipt of any additional external funding for the Project not disclosed prior to execution of this Agreement. (b) In -Kind Services. Recipient agrees to provide $125,000 in the form of cash and/or in - kind services for the Project, as further described in the Statement of Work, which shall count toward Recipient's cost -share obligation. 5. PAYMENT OF INVOICES (a) Within 30 days after the closing date of each calendar quarter (March 31, June 30, September 30 and December 31), Recipient shall submit an itemized invoice for the reimbursable expenses incurred during the previous quarter by one of the following two methods: (1) by mail to the IRL Council, 1235 Main Street, Sebastian, Florida 32958, or (2) by e-mail to sakuma@irlcouncil.org. The invoice shall be submitted in detail sufficient for proper pre -audit and post -audit review. It shall include a copy of contractor and supplier invoices to Recipient and proof of payment. For all approved expenses, Recipient shall be reimbursed for approximately fifty percent (50%) of approved costs or the not -to -exceed sum of $125,000, whichever is less. The Council shall not withhold any retainage from this reimbursement. If necessary for audit purposes, Recipient shall provide additional Page 2 Packet Pg. 151 8.N.4.a Contract #01-1871 supporting information as required to document invoices. (b) End of Council Fiscal Year Reporting. The Council's fiscal year ends on September 30. Irrespective of the invoicing frequency, the Council is required to account for all encumbered funds at that time. When authorized under the Agreement, submittal of an invoice as of September 30 satisfies this requirement. The invoice shall be submitted no later than October 30. If the Agreement does not authorize submittal of an invoice as of September 30, Recipient shall submit, prior to October 30, a description of the additional work on the Project completed between the last invoice and September 30, and an estimate of the additional amount due as of September 30 for such Work. If there have been no prior invoices, Recipient shall submit a description of the work completed on the Project through September 30 and a statement estimating the dollar value of that work as of September 30. (c) Final Invoice. The final invoice must be submitted no later than 45 days after the Completion Date; provided, however, that when the Completion Date corresponds with the end of the Council's fiscal year (September 30), the final invoice must be submitted no later than 30 days after the Completion Date. Final invoices that are submitted after the requisite date shall be subject to a penalty of 10 percent of the invoice. This penalty may be waived by the Council, in its sole judgment and discretion, upon a showing of special circumstances that prevent the timely submittal of the final invoice. Recipient must request approval for delayed submittal of the final invoice not later than ten (10) days prior to the due date and state the basis for the delay. (d) All invoices shall include the following information: (1) Council contract number; (2) Council encumbrance number; (3) Recipient's name and address (include remit address, if necessary); (4) Recipient's invoice number and date of invoice; (5) Council Project Manager; (6) Recipient's Project Manager; (7) supporting documentation as to cost and/or Project completion (as per the cost schedule and other requirements of the Statement of Work); (8) Progress Report (if required). Invoices that do not correspond with this paragraph shall be returned without action within twenty (20) business days of receipt, stating the basis for rejection. Payments shall be made within forty-five (45) days of receipt of an approved invoice. (e) Travel expenses. If the cost schedule for this Agreement includes a line item for travel expenses, travel expenses shall be drawn from the project budget and are not otherwise compensable. (f) Payments withheld. The Council may withhold or, on account of subsequently discovered evidence, nullify, in whole or in part, any payment to such an extent as may be necessary to protect the Council from loss as a result of: (1) defective work not remedied; (2) failure to maintain adequate progress in the Project; (3) any other material breach of this Agreement. Amounts withheld shall not be considered due and shall not be paid until the ground(s) for withholding payment have been remedied. (g) Annual budgetary limitation. For multi -fiscal year agreements, the Council must budget the amount of funds that will be expended during each fiscal year as accurately as Page 3 Packet Pg. 152 8.N.4.a Contract #01-1871 possible. The Statement of Work, Attachment A, includes the parties' current schedule for completion of the Work and projection of expenditures on a fiscal year basis (October 1— September 30) ("Annual Spending Plan"). If Recipient anticipates that expenditures will exceed the budgeted amount during any fiscal year, Recipient shall promptly notify the Council's Project Manager and provide a proposed revised work schedule and Annual Spending Plan that provides for completion of the Work without increasing the Total Compensation. The last date for the Council to receive this request is August 1 of the then - current fiscal year. The Council may in its sole discretion prepare a Supplemental Instruction Form incorporating the revised work schedule and Annual Spending Plan during the then -current fiscal year or subsequent fiscal year(s). 6. LIABILITY AND INSURANCE. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party, its officers and employees. Nothing contained herein shall be construed or interpreted as denying to any party any remedy or defense available under the laws of the State of Florida, nor as a waiver of sovereign immunity of the State of Florida beyond the waiver provided for in Section 768.28, Fla. Stat., as amended. Each party shall acquire and maintain throughout the term of this Agreement such liability, workers' compensation, and automobile insurance as required by their current rules and regulations. 7. FUNDING CONTINGENCY. This Agreement is at all times contingent upon funding availability from the United States Environmental Protection Agency. Agreements that extend for a period of more than one Fiscal Year are subject to annual appropriation of funds in the sole discretion and judgment of the Council's Board of Directors for each succeeding Fiscal Year. Should the Project not be funded, in whole or in part, in the current Fiscal Year or succeeding Fiscal Years, the Council shall so notify Recipient and this Agreement shall be deemed terminated for convenience five (5) days after receipt of such notice, or within such additional time as the Council may allow. For the purpose of this Agreement, "Fiscal Year" is defined as the period beginning on October 1 and ending on September 30. 8. PROJECT MANAGEMENT (a) The Project Managers listed below shall be responsible for overall coordination and management of the Project. Either party may change its Project Manager upon three (3) business days prior written notice to the other parry. Written notice of change of address shall be provided within five (5) business days. All notices shall be in writing to the Project Managers at the addresses below and shall be sent by one of the following methods: (1) hand delivery; (2) U.S. certified mail; (3) national overnight courier; (4) e- mail or, (5) fax. Notices via certified mail are deemed delivered upon receipt. Notices via overnight courier are deemed delivered one (1) business day after having been deposited with the courier. Notices via e-mail or fax are deemed delivered on the date transmitted and received. COUNCIL RECIPIENT Frank Sakuma, Project Manager Patrick Dayan, Project Manager IRL Council Public Works Water Quality Manager 1235 Main Street St. Lucie County BOCC Sebastian, FL 32958 2300 Virginia Ave. (772) 742-2858 ext. 101 Fort Pierce, FL 34982 E-mail: sakuma@irlcouncil.org (772) 462-2767 E-mail: dayanp@stlucieco.org (b) The Council's Project Manager shall have sole responsibility for transmitting Page 4 c 0 c) J W Ln a) 0 M a L 0 a m w =a M L IL w 00 co 0 N co w a M c 0 (U to IL IL J is z w c m E z c� Q Packet Pg. 153 8.N.4.a Contract #01-1871 instructions, receiving information, and communicating Council policies and decisions regarding all matters pertinent to performance of the Project. The Council's Project Manager may also issue a Council Supplemental Instruction (CSI) form, Attachment B, to authorize minor adjustments to the Work that are consistent with the purpose of the Work. Both parties must sign the CSI. A CSI may not be used to change the Total Compensation, quantity, quality, or the Completion Date of the Work, or to change or modify the Agreement. 9. PROGRESS REPORTS AND PERFORMANCE MONITORING (a) Progress Reports. Recipient shall provide to the Council Project update/status reports as provided in the Statement of Work. Reports will provide detail on progress of the Project and outline any potential issues affecting completion or the overall schedule. Reports may be submitted in any form agreed to by Council's Project Manager and Recipient, and may include emails, memos, and letters. (b) Performance Monitoring. For as long as the Project is operational, the Council shall have the right to inspect the operation of the Project during normal business hours upon reasonable prior notice. Recipient shall make available to the Council any data that is requested pertaining to performance of the Project. 10. TERMINATION. If Recipient materially fails to fulfill its obligations under this Agreement, including any specific milestones established herein, the Council shall provide Recipient written notice of the deficiency by forwarding a Notice to Cure, citing the specific nature of the breach. Recipient shall have thirty (30) days to cure the breach. If Recipient fails to cure the breach within the thirty (30) day period, the Council shall issue a Termination for Default Notice and this Agreement shall be terminated upon receipt of said notice. In such event, Recipient shall refund to the Council all funds provided to Recipient pursuant to this Agreement within thirty (30) days of such termination. The Council may also terminate this Agreement upon ten (10) days written notice in the event any of material misrepresentations in the Project Proposal. ADDITIONAL PROVISIONS (Alphabetical) 11. ASSIGNMENT. Recipient shall not assign this Agreement, or any monies due hereunder, without the Council's prior written consent. Recipient is solely responsible for fulfilling all work elements in any contracts awarded by Recipient and payment of all monies due. No provision of this Agreement shall create a contractual relationship between the Council and any of Recipient's contractors or subcontractors. 12. AUDIT; ACCESS TO RECORDS; REPAYMENT OF FUNDS (a) Maintenance of Records. Recipient shall maintain its books and records such that receipt and expenditure of the funds provided hereunder are shown separately from other expenditures in a format that can be easily reviewed Recipient shall keep the records of receipts and expenditures, copies of all reports submitted to the Council, and copies of all invoices and supporting documentation for at least three (3) years after expiration of this Agreement hi accordance with generally accepted governmental auditing standards, the Council shall have access to and the right to examine any directly pertinent books and other records involving transactions related to this Agreement. hi the event of an audit, Recipient shall maintain all required records until the audit is completed and all questions are resolved Recipient will provide proper facilities for access to and inspection of all required records. (b) Repayment of Funds. Council funding shall be subject to repayment after expiration of this Agreement if, upon audit examination, the Council fmds any of the following: (1) Recipient Page 5 c 0 c) J W Ln d 0 M t a L 0 a m w M L a w ao co T Q N co w a M c 0 (U Ln a a J is z c m E z c� Q Packet Pg. 154 8.N.4.a Contract #01-1871 has spent funds for purposes other than as provided for herein; (2) Recipient has failed to perform a continuing obligation of this Agreement; (3) Recipient has received duplicate funds from the Council for the same purpose; and/or (4) Recipient has received more than one hundred percent (100%) contributions through cumulative public agency cost -share funding. 13. CIVIL RIGHTS. Pursuant to Chapter 760, Fla. Stat., Recipient shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, age, handicap, or marital status. 14. DISPUTE RESOLUTION. Recipient is under a duty to seek clarification and resolution of any issue, discrepancy, or dispute involving performance of this Agreement by submitting a written statement to the Council's Project Manager no later than ten (10) business days after the precipitating event. If not resolved by the Project Manager, the Project Manager shall forward the request to the Council's General Counsel, which shall issue a written decision within ten (10) business days of receipt. This determination shall constitute final action of the Council and shall then be subject to judicial review upon completion of the Project. 15. DIVERSITY REPORTING. The Council is committed to the opportunity for diversity in the performance of all cost -sharing agreements, and encourages Recipient to make a good faith effort to ensure that women and minority -owned business enterprises (W/MBE) are given the opportunity for maximum participation as contractors. The Council will assist Recipient by sharing information on W/MBEs. Recipient shall provide with each invoice a report describing: (1) the company names for all W/MBEs; (2) the type of minority, and (3) the amounts spent with each during the invoicing period. The report will also denote if there were no W/MBE expenditures. 16. GOVERNING LAW, VENUE, ATTORNEY'S FEES, WAIVER OF RIGHT TO JURY TRIAL. This Agreement shall be construed according to the laws of Florida and shall not be construed more strictly against one party than against the other because it may have been drafted by one of the parties. As used herein, "shall" is always mandatory. In the event of any legal proceedings arising from or related to this Agreement: (1) venue for any state or federal legal proceedings shall be in Indian River County; (2) each party shall bear its own attorney's fees, including appeals; (3) for civil proceedings, the parties hereby consent to trial by the court and waive the right to jury trial. 17. INDEPENDENT ENTITIES. The parties to this Agreement, their employees and agents, are independent entities and not employees or agents of each other. Nothing in this Agreement shall be interpreted to establish any relationship other than that of independent entities during and after the term of this Agreement. Recipient is not a contractor of the Council. The Council is providing Page 6 c 0 c) J W Ln a) 0 M a a m w =a M a w 00 co T N co w 13 a L c 0 (U to a a J is z w c m E z c� Q Packet Pg. 155 8.N.4.a Contract #01-1871 cost -share funding as a cooperating governmental entity to assist Recipient in accomplishing the Project. Recipient is solely responsible for accomplishing the Project and directs the means and methods by which the Project is accomplished. Recipient is solely responsible for compliance with all labor, health insurance, and tax laws pertaining to Recipient, its officers, agents, and employees. 18. INTEREST OF RECIPIENT. Recipient certifies that no officer, agent, or employee of the Council has any material interest, as defined in Chapter 112, Fla. Stat., either directly or indirectly, in the business of Recipient to be conducted hereby, and that no such person shall have any such interest at any time during the term of this Agreement. 19. NON -LOBBYING. Pursuant to Section 216.347, Fla. Stat., as amended, Recipient agrees that funds received from the Council under this Agreement shall not be used for the purpose of lobbying the Legislature or any other state agency. 20. PERMITS. Recipient shall comply with all applicable federal, state and local laws and regulations in implementing the Project and shall include this requirement in all subcontracts pertaining to the Project. Recipient shall obtain any and all governmental permits necessary to implement the Project. Any activity not properly permitted prior to implementation or completed without proper permits does not comply with this Agreement and shall not be approved for cost - share funding. 21. PUBLIC ENTITY CRIME. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO ($35,000) for a period of 36 months following the date of being placed on the convicted vendor list. 22. PUBLIC RECORDS. Records of Recipient that are made or received in the course of performance of the Project may be public records that are subject to the requirements of Chapter 119, Fla. Stat. If Recipient receives a public records request, Recipient shall promptly notify the Council's Project Manager. Each party reserves the right to cancel this Agreement for refusal by the other party to allow public access to all documents, papers, letters, or other material related hereto and subject to the provisions of Chapter 119, Fla. Stat., as amended. 23. ROYALTIES AND PATENTS. Recipient certifies that the Project does not, to the best of its information and belief, infringe on any patent rights. Recipient shall pay all royalties and patent and license fees necessary for performance of the Project and shall defend all suits or claims for infringement of any patent rights and save and hold the Council harmless from loss to the extent allowed by Florida law. Page 7 c 0 V J W Ln d 0 M a a m w M a w ao co T 0 N co w a M L c 0 (U to a a J is z c m E z M Q Packet Pg. 156 8.N.4.a Contract #01-1871 IN WITNESS WHEREOF, the IRL Council has caused this Agreement to be executed on the day and year written below in its name by its Executive Director, and Recipient has caused this Agreement to be executed on the day and year written below in its name by its duly authorized representatives, and, if appropriate, has caused the seal of the corporation to be attached. This Agreement may be executed in separate counterparts, which shall not affect its validity. Upon execution, this Agreement constitutes the entire agreement of the parties, notwithstanding any stipulations, representations, agreements, or promises, oral or otherwise, not printed or inserted herein. This Agreement cannot be changed by any means other than written amendments referencing this Agreement and signed by all parties. IRL COUNCIL ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS By: By: Duane E. De Freese, Ph.D., Executive Director Date: APPROVED AS TO FORM Date: Attest: Typed Name and Title Carolyn S. Ansay, IRL. Council General Counsel Typed Name and Title ATTACHMENTS Attachment A — Statement of Work Cost -share: Agency general Last updated: 10-25-13 Page 8 Packet Pg. 157 8.N.4.a Contract #01-1871 ATTACHMENT A — STATEMENT OF WORK Paradise Park Stormwater Project Phase 5 — System 4 I. INTRODUCTION/BACKGROUND Paradise Park is an approximately 175.E-acre residential subdivision located in Ft. Pierce between two drainage canals: South Florida Water Management District (SFWMD) Canal 25 and Ft. Pierce Farms Water Control District (FPFWCD) Canal 1 within the St. Lucie/Loxahatchee Watershed Basin, WBID 3163, hydrologic unit code 03080203. Since 2005, St. Lucie County has made significant progress on stormwater improvements at Fort Pierce's Paradise Park, a 1960s subdivision that was built with little attention toward preventing debris, sediment and contaminants such as oil, grease and fertilizers from draining into adjacent canals and the nearby Indian River Lagoon (IRL). The overall Paradise Park Project is designed to treat 75% of one -inch runoff volume of the entire 175.6-acre stormwater basin in the dry detention ponds with additional treatment provided through the swales. The system is further designed to attenuate the 25 year/3- day storm event, which is 10.2 inches of rain. Based upon this design, the system will provide a pollutant load reduction of 90% to 95% for suspended solids. The system will also provide reduction of 65% of phosphorous and nitrogen. This phase of the project will treat 48.7 acres of the subdivision. H. OBJECTIVE Project objectives include: • Improved water quality of stormwater discharging into adjacent waterways • Reduced soil sediment runoff • Flood protection • Increased water storage and detention time • Protection against erosion • Resolution of recurring water quality violations • Improved quality of life for neighborhood residents • Increased equity of homes in project area Utilizing funds from the IRL Council (Council) and the St. Lucie County Board of County Commissioners (County), the County will continue efforts to complete the fourth of five phases of the overall project. This phase will include 10 interconnected dry detention ponds with 2 drainage outfalls to Taylor Creek to treat and attenuate stormwater discharges. Six roads totaling 1.5 miles will be paved with asphalt millings, and 97 unimproved driveways will be stabilized with concrete driveway aprons within the road right of ways. Roadside grass swales will be constructed on both sides of the roads to collect, treat, and convey runoff to the dry detention ponds. The swales and dry detention ponds will be interconnected between the existing roads and driveways with approximately 6,000 feet of storm drains and 65 drainage structures. III. SCOPE The County shall comply with all federal, state and local government regulatory requirements and shall obtain all necessary project permits. The County shall construct ten interconnected dry detention ponds with two drainage outfalls to Page 9 Packet Pg. 158 8.N.4.a Contract #01-1871 Taylor Creek to treat and attenuate stormwater discharges. The County shall pave 1.5 miles of six roads in the project area with asphalt millings, and stabilize 97 unimproved driveways with concrete driveway aprons within the road right of ways. Roadside grass swales will be constructed on both sides of the roads to collect, treat, and convey runoff to the dry detention ponds. Swales and dry detention ponds will be interconnected between the existing roads and driveways with approximately 6,000 feet of storm drains and 65 drainage structures. IV. TASK IDENTIFICATION Task 1: All work required to prepare a complete survey of the project site identifying all elevations, discharge pipes, and utility locates, and develop all project site plans. Task 2: All work required to complete the project engineering design, and to comply with all federal, state, regional, and local government regulatory requirements, and obtain all necessary project permits. Task 3: All work required to: construct ten interconnected dry detention ponds with two drainage outfalls to Taylor Creek to treat and attenuate stormwater discharges; pave 1.5 miles of six roads in the project area; stabilize 97 unimproved driveways with concrete driveway aprons within the road right of ways; construct roadside grass swales; and interconnect swales and dry detention ponds between the existing roads and driveways with approximately 6,000 feet of storm drains and 65 drainage structures. Task 4: All work required to administer project grant, six-month progress report with construction photos, and construction management. Task 5: All work required to develop and submit as -built survey; letter of acceptance; project reimbursement invoices, and justification documentation for all requested project reimbursement costs including the County's matching contributions. V. DELIVERABLES and TIMEFRAMES Deliverables are to be sent to the IRL, Council located at: 1235 Main St Sebastian, FL 32958 Deliverables are to be addressed to the attention of. Frank Sakuma. Deliverables for all tasks may be submitted electronically to sakuma0birlcouncil.org Task 1: Project site survey and utility locates. Task 1 Deliverable due in Council office by November 30, 2016 Deliverable: Copy of site survey Task 2: Project design and utility conflict resolution, project permits. Task 2 Deliverable due in Council office by December 31, 2016. Deliverable: Copy of engineering design and all project permits. Page Packet Pg. 159 8.N.4.a Contract #01-1871 Task 3: Construct ten interconnected dry detention ponds with two drainage outfalls to Taylor Creek to treat and attenuate stormwater discharges; pave 1.5 miles of six roads in the project area with asphalt millings; stabilize 97 unimproved driveways with concrete driveway aprons within the road right of ways; construct roadside grass swales; and interconnect swales and dry detention ponds between the existing roads and driveways with approximately 6,000 feet of storm drains and 65 drainage structures. Task 4 Deliverable due in Council office: see Task 5 six-month report schedule. Deliverable: Task S six-month report with photographs of work progression. Task 4: Administration of project grants, construction management, progress reports with construction photos. Task 5 Deliverable due in Council office by March 31, 2017, September 30, 2017, and March 31, 2018. Deliverable: Progress reports and photographs of project construction progress. Task 5: Project as -built survey and letter of acceptance. Task 6 Deliverable due in Council office by September 30, 2018. Deliverable: The as -built survey and letter of acceptance. VI. BUDGET Task Task Council Cost Share Cost Share Line Description Funding Funding Funding Item Amount Amount Source 3 Construction 125,000 125,000 County Summary Cost 125,000 125,000 Project Total Cost $250,000 Within 30 days after the closing date of each calendar quarter (March 31, June 30, September 30 and December 31), County shall submit an itemized invoice for the reimbursable expenses incurred during the previous quarter. Page Packet Pg. 160 RESOLUTION NO. 16-xxx A RESOLUTION ACCEPTING THE INDIAN RIVER LAGOON COUNCIL COST -SHARE AGREEMENT (#01-1871) FOR PARADISE PARK STORMWATER PROJECT PHASE 5- SYSTEM 4 AND AUTHORIZING THE CHAIRMAN TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Indian River Lagoon Council has awarded the County funding for Paradise Park Stormwater Project Phase 5-System 4. 2. The Board should authorize and approve execution of the Agency Cost - Share Agreement with the Indian River Lagoon Council for the above -referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby accepts and approves the Agency Cost -Share Agreement with the Indian River Lagoon Council (#01-1871) to provide funding for Paradise Park Stormwater Project Phase 5-System 4. 2. The Board hereby authorizes and Chairman to execute the above - referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. Page I of 2 Packet Pg. 161 After motion and second, the vote on Resolution 16-xxx was as follows: Chairman Kim Johnson Vice -Chairman Chris Dzadovsky Commissioner Frannie Hutchinson Commissioner Tod Mowery Commissioner Paula Lewis PASSED AND DULY ADOPTED this 6t" day of September, 2016. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Page 2of2 Packet Pg. 162 8.0.1 ITEM NO. RES-2016-149 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Toby Long, Director Sheriff's Office DATE: 09/20/2016 *CONSENT AGENDA\SHERIFF'S OFFICE Resolution - Authorization to Accept the 2016 Edward Byrne Memorial (JAG) Grant - Local Solicitation The St. Lucie County Sheriff's Office is requesting approval to accept the US Department of Justice (DOJ), Office of Justice Programs (OJP), and the Bureau of Justice Assistance's (BJA) 2016 Edward Byrne Memorial Justice Assistance (JAG) Local Grant. This grant in the amount of $59,750.00 will be equally divided (50/50) between the Sheriff's Office ($29,875) and the Ft. Pierce Police Department ($29,875). JAG funds may be used for state and local initiatives, technical assistance, training personnel, equipment, supplies, contractual support, and criminal justice information systems. PREVIOUS ACTION: On June 21, 2016, the Board of County Commissioners approved the submission of the electronic application for the 2016 Edward Byrne Memorial (JAG) Grant in the amount of $59,750.00. FINANCIAL IMPACT: Since these funds were not anticipated in FY 16, funding is not appropriated in the adopted budget, therefore a budget needs to be established to expend these funds. Matching funds are not required. Funds will be depoisited to the Edward Byrne Memorial Grant Fund (170191-2110-331210-200). RECOMMENDATION: Staff recommends that the Board approve the budget resolution and authorize the acceptance of the 2016 Edward Byrne Memorial (JAG) Grant (2016-DJ-BX-0606) in the amount of $59,750.00. COMMISSION ACTION: Packet Pg. 163 8.0.1 Coordination/Signatures n J. M s am, Sheriff 9/8/2016 WMcinty're,,ty anie Sorney 9/9/2016 h y burr),off i e e Budget Director 9/9/2016 Updated: 9/13/2016 2:04 PM by Katrina Slay Page 2 Packet Pg. 164 8.0.1.a U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance Office of Justice Programs Washington, n.C. 20531 August 29, 2016 Chairman Kim Johnson County of Saint Lucie 2300 Virginia Avenue Fort Pierce, FL 34984 Dear Chairman Johnson: On behalf of Attorney General Loretta Lynch, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 16 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation in the amount of $59,750 for County of Saint Lucie. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash -on -hand. Should you not adhere to these requirements, you will be in violation of the tenns of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact: - Program Questions, Gerardo Velazquez, Program Manager at (202) 598-7412: and - Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, Denise O'Donnell Director Enclosures Packet Pg. 165 8.0.1.a U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance Grant PAGE I OF 12 1 RECIPIENT NAME AND ADDRESS (Including Zip Code) 4. AWARD NUMBER: 2016-DJ-BX-0606 County of Saint Lucie 2300 Virginia Avenue 5. PROJECT PERIOD: FROM IWO1/2015 TO 09/30/2019 Fort Pierce, FL 34984 BUDGET PERIOD FROM 10/01/2015 TO 09/30/2019 6 AWARD DATE 08/29/2016 8 SUPPLEMENT NUMBER 7. ACTION Initial 2a GRANTEE iRSNENDOR NO. 596000835 00 2b GRANTEE DUNS NO. 9. PREVIOUS AWARD AMOUNT $0 792472318 3. PROJECT TITLE 10. AMOUNT OF THIS AWARD $ 59,750 The Law Enforcement, Planning, Evaluation and Technology I I. TOTAL AWARD $ 59,750 Improvement Program 12, SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FY 16(BJA - JAG) 42 USC 3750, et seq. 14 CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number) 16.738 - Edward Byrne Memorial Justice Assistance Grant Program 15. METHOD OF PAYMENT GPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL 16 TYPED NAME AND TITLE OF APPROVING OFFICIAL Denise O'Donnell Kim Johnson Director Chairman 17. SIGNATURE OF APPROVING OFFICIAL 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE AGENCY USE ONLY 20 ACCOUNTING CLASSIFICATION CODES 21. RDIUGTO568 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC REG SUB. POMS AMOUNT X B DJ 80 00 00 59750 O1P FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE OJP FORM 4000/2 (REV. 4-88) I O T O N Cn W to V O O am CL M Cn T O. N V V Q <.i 0 0 m d O r C d E t C� M ++ a Packet Pg. 166 RESOLUTION 8.0.1.b WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the US Department of Justice, in the amount of $59,750 as an Edward Byrne Justice Assistance Grant for the Sheriff Office and Fort Pierce Police Department. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 20th day of September, 2016, pursuant to Section 129.06 (d), Florida Statutes that such funds are hereby appropriated for the fiscal year 2015-2016, and the County's budget is hereby amended as follows: REVENUE 107191-2110-331510-200 US Dept. of Justice $59,750 APPROPRIATIONS 107191-2110-591900-200 Transfer to Sheriff $ 29,875 107191-2110-581090-200 City of Fort Pierce $ 29,875 After motion and second the vote on this resolution was as follows: Commissioner Kim Johnson, Chairman XXX Commissioner Chris Dzadovsky, Vice Chairman XXX Commissioner Tod Mowery XXX Commissioner Paula A. Lewis XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED THIS 20TH DAY OF SEPTEMBER 2016. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Packet Pg. 167 8.S.1 ITEM NO. (ID # 3674) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Laurie Waldie, Utility Director SUBMITTED BY: Utilities DATE: 09/20/2016 *CONSENT AGENDA\UTILITIES SUBJECT: Severn Trent Environmental Services, Inc. - Agreement Amendment Four BACKGROUND: Severn Trent Environmental Services, Inc. (STES) has been providing contract Utility operations and maintenance services to the County and now wishes to amend its agreement with the County by restoring the administrative fee on Extraordinary Costs from the current three and one-half percent (3.5%) on the first Three Hundred Thousand Dollars ($300,000) of Extraordinary Costs to seven percent (7%) of the Extraordinary Costs in accordance with their original contact. Extraordinary Cost(s) shall mean any expenditure for either repair and/or replacement of Facilities' equipment or structure whose unit cost (as to any single event of function) exceeds four thousand dollars ($4,000). In 2009, STES agreed to decrease this fee in an effort to assist the Utility financially, and after reevaluation believe it is time to restore this fee back to the original agreement percentage. The Utility concurs and appreciates the partnership with Severn Trent Environmental Services, Inc., and their willingness to reduce their fees to St. Lucie County Utilities in 2009 and for the subsequent seven years. There are adequate funds available in the various utility account to accommodate this adjustment. PREVIOUS ACTION: September 15, 2015 - BOCC approved the third amendment of Contract C07-03-174. February 21, 2012 - BOCC approved the first extension of Contract C07-03-174. March 24, 2009 - BOCC approved the second amendment of Contract C07-03-174. August 1, 2008 - BOCC approved the first amendment of Contract C07-03-174. March 23, 2007 - BOCC approved Contract C07-03-174. FINANCIAL IMPACT: 471-3600-534000-300 / North County - Other Contractual Services 471-3601-534000-300 / HEW - Other Contractual Services 471-3602-534000-300 / NH - Other Contractual Services 471-3602-534000-300 / North Hutch - Other Contractual Services 451-3510-534000-300 / South Hutch - Other Contractual Services RECOMMENDATION: Staff recommends Board approval of the fourth amendment to the Operation and Maintenance Packet Pg. 168 8.S.1 Agreement for Water, Wastewater and Reclaimed Water between Severn Trent Environmental Services, Inc. and St. Lucie County, Florida. COMMISSION ACTION: Coordination/Signatures Laurie Waldie, Utility Director 8/12/2U�6 J , d Danie 5. McIntyre, C my ttorney 8/15/2016 Mark 5 ter ee, Depv County H ministrato 8/15/2016 Updated: 8/12/2016 2:30 PM by Laurie Waldie Page 2 Packet Pg. 169 8.S.1.a Severn Trent Services 5911 Country Lakes Dr. Fort Myers, FL 33905 T:239-694-3310 www.severntrentservices.com August 1st, 2016 Ms. Laurie Waldie Utility Director St. Lucie County Utilities 2300 Virginia Avenue Ft. Pierce, FI 34982 Subject: Mark-up Adjustment for Pass -through items Dear Ms. Waldie: We would first like to take this opportunity to thank St. Lucie County for continuing to partner with Severn Trent Environmental Services allowing us to provide utility services to you and your customers. We are very proud of the relationship we have developed and feel part of your team as we continue to deliver a service of quality and value. Following on our recent conversation, we would like to formally request the adjustment of our Mark-up for Pass -through items to revert to its original rate of 7%, as originally set in the Agreement for Water, Wastewater and Reclaimed Water between the parties dated March 23rd 2007 and previous to the execution of the Second Amendment to the Agreement, dated March 24th, 2009. We remain available to further discuss the best approach to further document said topic either via an amendment to the Agreement or other form of documentation. We would ask that you consider making this change effective as of August 1st 2016 if at all possible. Please do not hesitate to contact me at your convenience if you may have any questions or need any additional details. We look forward to continuing to serve St. Lucie County and its customers. Sincerely, Efrain Rodriguez ~ Regional Manager - Southeast (941) 893-7429 Efrain. Rodriguez@stservices.com Copy: Pat Walsh, Project Manager, STS Page 1 of , Packet Pg. 170 8.S.1.b FOURTH AMENDMENT TO THE OPERATION AND MAINTENANCE AGREEMENT FOR WATER WASTEWATER AND RECLAIMED WATER BETWEEN SEVERN TRENT ENVIRONMENTAL SERVICES, INC. AND ST. LUCIE COUNTY, FLORIDA THIS FOURTH AMENDMENT (the "Fourth Amendment") is made on this day of , 2016 between St. Lucie County, Florida, a political subdivision of the State of Florida (hereinafter the "County"), and Severn Trent Environmental Services, Inc., a Texas corporation with its principal place of business at 16337 Park Row, Houston, Texas 77084 (hereinafter the "Operator"). The County and Operator may be referred to as a "Party" or collectively as the "Parties". WHEREAS, on March 23, 2007, the Parties entered into an Operation and Maintenance Agreement for Water Wastewater and Reclaimed Water (the "Original Agreement"), whereby the Operator agreed to operate, maintain, and manage the County's Facilities; and WHEREAS, on August 1, 2008, the Parties entered into the First Amendment to the Operation and Maintenance Agreement for Water Wastewater and Reclaimed Water (the "First Amendment"); and WHEREAS, on March 24, 2009 the Parties entered into the Second Amendment to the Operation and Maintenance Agreement for Water Wastewater and Reclaimed Water (the "Second Amendment"); and WHEREAS, on September 15, 2015 the Parties entered into the Third Amendment to the Operation and Maintenance Agreement for Water Wastewater and Reclaimed Water (the "Third Amendment") (the Original Agreement as amended by the First, Second and Third Amendment shall hereafter be referred to collectively as the "Agreement"); and WHEREAS, on February 21, 2012, the Parties agreed to extend the term of the Original Agreement for an additional five year period, which term will expire on March 31, 2017; and NOW, THEREFORE, in consideration of the mutual promises contained herein and subject to the terms and conditions herein stated, the Parties hereby agree to amend the Agreement as follows: 1. All capitalized terms contained in this Fourth Amendment and not specifically defined herein, shall have the meaning provided to such terms in the Agreement. 2. The definition of "Extraordinary Cost(s)" in Article 1 is restored to the definition in the Original Agreement, to read, "Extraordinary Costs" shall mean any expenditure for either the repair and/or replacement of Facilities' equipment or structure whose unit cost (as to any single event or function) exceeds four thousand dollars ($4,000). Extraordinary Cost(s) shall include all expense (including the first four thousand dollars ($4,000) of expenses) necessitated by the repair and/or replacement of equipment or structure damaged by parties unrelated to and not under the supervision of Operator. Extraordinary Cost(s) shall include subcontractor costs, materials and supplies provided that Extraordinary Cost(s) shall not include Operator's direct labor expenses for those positions identified in the Staffing Plan for normal scheduled hours, but shall include Operator's overtime labor costs. Extraordinary Packet Pg. 171 8.S.1.b Costs may include an administrative fee on Operator's subcontractor and material costs of seven percent (7%). Extraordinary Cost(s) shall be subject to the County's pre -approval in accordance with Section 4.5(b) and 7.8. 3. All remaining terms and provisions of the Agreement shall remain in full force and effect to the extent that they do not conflict with this Fourth Amendment. In the event of any conflict between the provisions of this Fourth Amendment and the provisions of the Agreement, the provisions in this Fourth Amendment shall control. 4. The Fourth Amendment shall be binding upon the parties hereto and their respective legal representatives, successors and assigns. 5. This Fourth Amendment may be executed in one or more counterparts, each of which will be deemed an original copy of this Fourth Amendment and all of which, when taken together, will be deemed one and the same agreement. 6. This Fourth Amendment shall be effective on October 1, 2016. IN WITNESS WHEREOF, the parties have duly accepted, made and executed this Agreement upon the terms and conditions above stated. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA: By: CLERK CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY SEVERN TRENT ENVIRONMENTAL SERVICES, INC.: Name: Title: Packet Pg. 172 10.A.1 ITEM NO. (ID # 3794) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Howard Tipton, County Administrator Administration Citizen Oversight Committee DATE: 09/20/2016 *REGULAR AGENDA\ADMINISTRATION On November 8th, our citizens will be asked to vote on whether or not they approve of a half cent increase to the sales tax to support roads, water quality, sidewalks, and public safety. As part of the ballot language, there is a provision for the establishment of a citizen oversight committee and it is envisioned that each of the participating local governments would create their own advisory committee with the charge to: recommend projects to the elected bodies with staff input, monitor the projects for schedule and budget, and report at least annually to the public as to the progress that is being made. Additionally, at least with the County, this oversight committee will coordinate with the Citizen Budget Committee to ensure that these new revenues are in addition to existing capital revenues and not supplanting existing capital revenues. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff would appreciate a discussion with the Board to confirm the committee's initial charter and determine at least conceptually how the Board would like to see the Citizens Oversight Committee developed. You will find attached to this agenda item several examples from other Florida counties for your information, however, there are no limitations or requirements on how this may be structured. Packet Pg. 173 10.A.1 Coordination/Signatures ' 'ianie/S. McIntyre, C my ttorney 9/16/2016 Ho and Tipton, Count Administrato 9/19/2016 Updated: 9/16/2016 11:05 AM by Katrina Slay Page 2 Packet Pg. 174 10.A.1.a Infrastructure Surtax Advisory Committees Leon County On September 13, 2011, the Board adopted the enacting resolution to establish the Leon County Sales Tax Committee (Committee), representing a broad cross section of the community. The enacting resolution states that the Committee "shall make final recommendations to the Board of County Commissioners and the City Commission in the form of a written report, workshop, or other means that shall include: (1) recommendations as to the timing of the infrastructure sales tax referendum, if any; and (2) a review that contains advisory feedback on the projects considered by the committee." The Committee was appointed by the Leon County Board of County Commissioners and City of Tallahassee Commissioners representing a broad cross section of our community and includes representatives from the Greater Tallahassee Chamber of Commerce, Capital City Chamber of Commerce, Blueprint Citizen Advisory Committee, and the Economic and Environmental Consensus Committee. The Committee held its first meeting in January 2012 and spent its first year gathering information and receiving public input. Throughout this process, the Committee was committed to engaging the public and reserved the first portion of each meeting to allow the community time to voice their comments, recommendations, or preferred projects for consideration. During the second year, the Committee engaged in a thorough evaluation process of all the projects brought forth for its consideration. The Committee' completed its charge on January 30, 2014. The Committee embraced the concept of continuing the Blueprint philosophy and identified a series of themes to ensure the holistic approach would be embodied in the projects. As reflected in the Committee's final report, the projects recommended include many of the County and City projects; projects as presented by the community; and projects recommended by the Committee itself. The Committee considered infrastructure projects, which far exceeded the available funding, as well as Imagine Tallahassee's recommendations for the economic development component of the sales tax. The Committee ultimately recommended a 20 year continuation of the sales tax to include the existing 80/10/10 funding split (80% Blueprint, 10% County, 10% City) with 12% dedicated to economic development and for the referendum to be placed on the November 2014 General Election ballot. Frequently Asked Questions: CLICK HERE Palm Beach County SECTION 7. CITIZEN OVERSIGHT. (a) The County, the Municipalities, and the School Board shall each separately provide for the creation of citizen oversight committees ("Committee" or collectively "Committees") to provide for citizen review of their respective expenditure of Surtax Proceeds, as soon as possible after the Surtax becomes effective, but not later than the date on which Surtax funds are first expended. A Municipality may either participate in an oversight committee created by the Palm Beach League of Cities or create its own committee. Packet Pg. 175 10.A.1.a (b) The Committees shall serve as advisory and reporting bodies to the creating entities. Each creating entity shall establish specific duties and membership requirements governing Committee operations and participation. (c) Each Committee shall have the responsibility to review the expenditure of Surtax proceeds by the entity which created it. (d) The Committees shall meet monthly, or as otherwise needed to fulfill their duties and responsibilities. Each Committee shall provide an annual report to the governing board of the entity which created it. (e) Committee members shall receive no compensation for the performance of their duties. (f) The Committees, their members, and all their proceedings shall be governed by and comply with the provisions of the Florida Sunshine Law, Chapter 286, Florida Statutes, the Florida Public Records Law, Chapter 119, Florida Statutes, and the Florida Ethics Code, Chapter 112, Florida Statutes, and all other applicable local or state statutes, ordinances, or rules. Sarasota County SECTION 6. CITIZEN TAX OVERSIGHT COMMITTEES. A. Formation and Purpose. Within ninety {90) days of approval of the Sales Tax referendum, each Local Governing Body shall establish a Citizen Tax Oversight Committee {the "Committee"). Each Committee shall: 1. Conduct an annual review of the expenditures made by its Local Governing Body from the Sales Tax proceeds to ensure that expenditures have been made in accordance with infrastructure project lists and any changes thereto; and 2. Review any changes made by its Local Governing Body to the infrastructure projects or to the allocation of Sales Tax proceeds for the sole purpose of ensuring that all procedural requirements have been followed. B. Term. 1. Sarasota County a. The Board shall appoint nine {9) individuals residing in unincorporated Sarasota County to the Sarasota County Committee for staggered terms, commencing September 1, 1999. One (1) Committee member shall be appointed from each district by the Commissioner representing that district. Four (4) at - large Committee members shall be appointed by majority vote of the Board. The initial term for the four 14) at -large members shall be for a period of two {2) years. The initial term for the remaining five {5) members shall be for a period of four (4) years. Thereafter, appointments shall be made for a term of four (4) years in the same manner as first appointed, or until expiration of the Sales Tax and any continuances thereto, whichever shall first occur. Vacancies shall be filled for the remainder of the term in the same manner as the vacating member was appointed. b. Committee organization and procedures shall be established by 1. Board resolution. 2. Municipalities and School Board. The composition of each Committee, terms of the Committee members, and Committee organization and procedures shall be established by resolution of the respective Local Governing Body. Packet Pg. 176 10.A.1.a C. Committee Assistance. Elected officials and staff of each Local Governing Body shall cooperate with its respective Committee to accomplish the objectives and purposes set forth in this Ordinance. Each Local Governing Body shall designate staff to provide administrative assistance to its Committee. Copies of reports and records relating to expenditures of the Sales Tax proceeds shall be made available to each Committee upon request. Packet Pg. 177 10.B.1 ITEM NO. (ID # 3786) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Daniel S. McIntyre, County Attorney County Attorney DATE: 09/20/2016 *REGULAR AGENDA\COUNTY ATTORNEY Lease and Contract with Green3Power St. Lucie, LLC - Development of a Gasification Facility to Process Municipal Solid Waste for St. Lucie County St. Lucie County's Solid Waste Department has implemented several measures to minimize the amount of solid waste that is placed in the County's landfills. For example, the County has developed and is operating a baling facility where the County's "Class I" waste (e.g., garbage) is compressed to reduce the volume before the Class I waste is placed in the County's landfill. The County also operates a "C&D Recycling Facility" where recyclable materials are removed from construction and demolition debris ("C&D") before the C&D is placed in the County's landfill. In addition, the County operates a recycling facility where recyclable materials are sorted and prepared for marketing, thus enhancing the County's recycling program for the County's residents and businesses. These three (3) facilities help reduce the amount of waste that is placed of in the County's landfills for disposal. The successful implementation of these facilities has significantly extended the useful life of the County's landfills. The goal of the Solid Waste Department is to find a new technology that can be used to supplement and enhance the County's existing solid waste management operations. To be considered a viable option, the technology has to be proven, cost-effective, and more environmentally friendly than traditional methods of solid waste disposal. A proven technology is one that can be observed in a commercial scale operation. A cost effective technology is one that can be implemented without increasing the rates (a/k/a "tipping fees") that the County charges its residents for the disposal of solid waste. The County Staff believes that certain modern "Conversion Technologies" might meet these criteria. Conversion Technologies means "an innovative technology that uses energy to convert Municipal Solid Waste into gases or elements (e.g., carbon, hydrogen, gaseous or liquid fuels) that, in turn, are used for the production of useful products (e.g., electricity, steam, fuel)." In 2006 and again in 2012, the County issued a Request for Qualifications ("RFQ") because the County wanted to solicit information from companies that are capable of successfully providing a viable Conversion Technology to the County. Both times, the County entered into negotiations with vendors that offered to provide a technology that would meet the County's needs. Both times, the negotiations Packet Pg. 178 10.B.1 were unsuccessful. Among other things, the vendors discovered it was extremely difficult or impossible for them to provide their services and technologies for a price that was acceptable to the County. More specifically, the vendors could not obtain financing to construct their proposed facilities unless the County agreed to raise the waste disposal rates (tipping fees) paid by the County's residents. On September 7, 2014 the County issued a new RFQ (RFQ No. 14-057) for companies that are interested in using a Conversion Technology to process municipal solid waste for St. Lucie County. Three hundred thirty-one (331) companies were notified about the RFQ and twenty-seven (27) copies of the RFQ documents were distributed. Proposals were submitted to the County by six (6) companies. On February 18, 2015, a Selection Committee evaluated, scored, and ranked all of the proposals that were received in response to the County's RFQ. Green3Power St. Lucie, LLC ("Green3Power") was ranked first by the Selection Committee. At the Board's meeting on April 21, 2015, the Board approved the Selection Committee's recommendation to create a short list with the two highest ranked firms. The Board also approved the Selection Committee's recommendation to commence negotiations with Green3Power. On July 21 and August 4, 2015, the Board approved an "Agreement for the Development and Operation of the St. Lucie Gasification Facility" ("Agreement"). This Agreement is based on the assumption that the County and Green3Power will enter into subsequent agreements, including: a. A lease authorizing Green3Power to build and operate the Facility on the County's site. b. A contract authorizing Green3Power to operate and maintain the County's existing C&D Recycling Facility. c. A contract authorizing Green3Power to construct a new maintenance building and new office building for the County. Based on the Board's approval of the Agreement, the Staff met with Green3Power and negotiated the terms of a draft "Lease and Contract" ("Lease") that contains the agreements and authorizes the activities described in a, b, and c, above. Attached for your review is a letter dated September 13, 2016 from David S. Dee, Esq., the County's special counsel, which identifies some of the significant issues that are addressed in the proposed Lease. A copy of the Lease and a copy of the Agreement also are attached for your review. PREVIOUS ACTION: On March 31, 2015, an agenda item concerning RFQ No. 14-057 was submitted to the Board from the County Attorney's office. This agenda item requested the Board's approval of the short list for RFQ No. 14-057 and also requested permission for Staff to negotiate with the highest ranked firm. This item was pulled from the Board's agenda after VASST filed a written protest. On April 21, 2015, the Board denied VASST's protest and directed staff to negotiate an agreement with the highest ranked firm (Green3Power St. Lucie, LLC). On July 21 and August 4, 2015, the Board approved an "Agreement for the Development and Operation of the St. Lucie Gasification Facility" with Green3Power St. Lucie, LLC. Updated: 9/13/20164:14 PM by Katrina Slay Page 2 Packet Pg. 179 10.B.1 FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends (1) Board approval of the "Lease and Contract" between the County and Green3Power St. Lucie, LLC, and (2) Board authorization for the Chairman to sign the "Lease and Contract" on behalf of the County. COMMISSION ACTION: Coordination/Signatures anie S. McIntyre, C my ttorney 9/13/2016 Updated: 9/13/20164:14 PM by Katrina Slay Page 3 Packet Pg. 180 10.B.1.a AGREEMENT FOR THE DEVELOPMENT AND OPERATION OF THE ST. LUCIE GASIFICATION FACILITY BETWEEN ST. LUCIE COUNTY, FLORIDA, MIK GREEN3POWER ST. LUCIE, LLC oe J co ti M Packet Pg. 181 10.B.1.a TABLE OF CONTENTS 1. THE BASIS FOR THIS AGREEMENT..............................................................................2 1.1 General Scope of Services........................................................................................2 1.2 Definitions.................................................................................................................3 1.3 Schedules..................................................................................................................3 1.4 Future Contracts........................................................................................................3 2. TERM OF AGREEMENT....................................................................................................3 3. CONDITIONS PRECEDENT..............................................................................................4 3.1 Conditions Precedent for Developer's Obligations..................................................4 3.2 Obligation to Accomplish Conditions Precedent......................................................4 3.3 Failure to Accomplish Conditions Precedent...........................................................5 4. PROCESSING CAPACITY OF THE FACILITY...............................................................5 5. FACILITY DEVELOPMENT OBLIGATIONS..................................................................5 5.1 The Parties' Obligations Prior to Commencement of Operations ............................5 5.2 County's Responsibilities During Facility Operations.............................................8 5.3 Developer's Responsibilities During Facility Operations........................................9 5.4 Developer's Operation of C&D Recycling Facility................................................11 5.5 Developer's Closure of Facility..............................................................................11 5.6 Developer's Obligation to Hire Locally.................................................................11 5.7 County's Right to Purchase Diesel Fuel.................................................................11 6. SUPPLY OF SOLID WASTE TO THE FACILITY..........................................................12 6.1 County's Obligation to Deliver and Developer's Obligation to Process Solid Waste.......................................................................................................................12 6.2 County's Obligation to Sort Solid Waste................................................................12 6.3 The County's Legal Mechanisms for Delivering Solid Waste to the Facility ........ 13 6.4 Developer's Right to Accept Waste From Non -County Sources ...........................13 6.5 Recyclable Materials...............................................................................................14 6.6 Rejectable Materials................................................................................................14 6.7 Prohibited Waste.....................................................................................................15 6.8 Developer's Inspection, Acceptance, and Rejection of County's Solid Waste . ..... 15 6.9 Delivery of Solid Waste During the Startup and Commissioning Period .............. 16 6.10 Storage of Waste Supply.........................................................................................17 6.11 Waste Deliveries During Outages...........................................................................17 6.12 Waste Processing Priorities..................................................................................... 18 I Packet Pg. 182 10.B.1.a 7 we 10 12 6.13 Exclusive Waste Processor.....................................................................................18 6.14 Disclaimer Concerning Waste Composition........................................................... 18 6.15 No Limits on Origin of County Solid Waste..........................................................18 6.16 Monthly Communications Concerning Waste Supply ..................................... 6.17 Limitations Imposed Under Tropicana Contract .............................................. USE OF COUNTY'S LANDFILLS............................................................................. FEES AND REVENUES....................................................................................................20 8.1 The Developer's Invoices to the County................................................................20 8.2 CPI Adjustments to the Processing Fee..................................................................21 8.3 The County's Invoices to the Developer................................................................22 8.4 Verification of Payment Amounts..........................................................................22 8.5 Late Payments.........................................................................................................22 8.6 Developer's Revenues............................................................................................22 8.7 Developer's Billings...............................................................................................22 REPRESENTATIONS AND WARRANTIES ............................................... 9.1 Developer's Representations, Warranties and Covenants .......................... 9.2 County's Representations, Warranties and Covenants ............................... DEFAULT AND REMEDIES................................................................................ 10.1 Termination Upon Default.......................................................................... 10.2 Notice and Right to Cure............................................................................ 10.3 Remedies Upon Default.............................................................................. 10.4 Restoration of Site....................................................................................... 10.5 Termination for Convenience Before Commencement of Construction.... 10.6 County's Right to Withhold Payment......................................................... FORCEMAJEURE................................................................................................ 11.1 Force Majeure............................................................................................. 11.2 Effect of Force Majeure.............................................................................. 11.3 Notification Obligations.............................................................................. 11.4 Duty to Mitigate.......................................................................................... 19 19 UN 22 .........22 .........24 25 25 26 26 27 27 27 27 27 27 28 28 DISPUTE RESOLUTION..................................................................................................28 12.1 Mediation................................................................................................................28 12.2 Meeting with County Administrator and Board.....................................................29 12.3 Litigation.................................................................................................................29 12.4 Disputes Relating to Termination For Cause..........................................................29 HH Packet Pg. 183 10.B.1.a 13 14 15. 16. 17 12.5 Waiver of Jury Trial................................................................................................29 12.6 Jurisdiction and Venue............................................................................................30 12.7 Governing Law.......................................................................................................30 12.8 Sovereign Immunity................................................................................................30 12.9 Operations During Dispute.....................................................................................30 DAMAGES AND INDEMNIFICATION..........................................................................30 13.1 Liability...................................................................................................................30 13.2 Developer's Indemnification..................................................................................30 13.3 Contribution............................................................................................................31 13.4 Fines and Penalties..................................................................................................31 13.5 No Personal Liability..............................................................................................31 DEVELOPER'S INSURANCE..........................................................................................32 14.1 Developer's Insurance............................................................................................32 14.2 Commercial General Liability................................................................................32 14.3 Business Automobile Liability...............................................................................32 14.4 Pollution Liability...................................................................................................32 14.5 Excess Liability.......................................................................................................33 14.6 Worker's Compensation Insurance & Employers Liability....................................33 14.7 Additional Insured Endorsements...........................................................................33 14.8 Waiver of Subrogation............................................................................................33 14.9 Certificate(s) of Insurance.......................................................................................34 14.10 Deductibles, Self -Insured Retentions, and Supplemental Coverage ......................34 14.11 Right to Revise or Reject........................................................................................35 14.12 Minimum Requirements for Insurance...................................................................35 14.13 Other Insurance Requirements................................................................................35 PERFORMANCE AND PAYMENT BONDS..................................................................36 DEVELOPER'S RELATIONSHIP WITH THE COUNTY..............................................37 16.1 Availability of Developer's Representatives..........................................................37 16.2 Director's Review of Developer's Performance.....................................................37 16.3 Right to Inspect Developer's Operations................................................................37 16.4 Right to Approve.....................................................................................................37 16.5 Educational Tours...................................................................................................38 RECORDKEEPING AND REPORTING REQUIRMENTS.............................................38 17.1 General Recordkeeping...........................................................................................38 f� Packet Pg. 184 10.B.1.a 17.2 Format of Reports............................................................................... 17.3 Accident Reports................................................................................. 17.4 Environmental Reporting.................................................................... 17.5 Right to Inspect and Audit Records .................................................... 17.6 Public's Right to Inspect Developer's Records .................................. 18. COMPLIANCE WITH APPLICABLE LAWS .............................................. 18.1 Compliance with Applicable Laws ........................................... 18.2 Regulatory Compliance and Citations ...................................... 19. ADMINISTRATIVE CHARGES ................................................... 19.1 Basis for Administrative Charges ....................................... 19.2 Administrative Charges During Term of Agreement......... 20. MISCELLANEOUS PROVISIONS ............................................... 20.1 Binding Effect..................................................................... 20.2 Transfer of Agreement and Subcontractors ........................ 20.3 Confidentiality.................................................................... ?0 4 Nntices And Other Cnmmnniratinnc 20.5 Severability.................... 20.6 Waiver of Requirements. 20.7 Relationship Between the Parties ........................................ 20.8 No Third Party Beneficiaries .............................................. 20.9 County Ordinances.............................................................. 20.10 General Rules of Construction ............................................ 20.11 Counterparts........................................................................ 20.12 Amendments to Agreement ................................................ 20.13 Entire Agreement................................................................ 20.14 Construction of Agreement ................................................. 20.15 Survival of Obligations After Termination ......................... 20.16 Election of Remedies.......................................................... 20.17 Permits and Licenses........................................................... 20.18 Equal Opportunity Employment ......................................... 20.19 Compliance with Labor Laws ............................................. 20.20 Legal Status of the Parties' Employees .............................. 20.21 Taxes, Fees, and Assessments ............................................ 20.22 Fair Dealing........................................................................ lv 40 40 40 .................................... 40 ....................................40 ....................................40 .............................. 42 .............. ..................42 ....................................42 ....................................42 111 ....................................44 ....................................44 .................................... 44 ................................... 44 ...................................44 ....................................45 ....................................45 ....................................45 .................................... 45 ...................................46 ...................................46 ................................... 46 ................................... 46 ...................................46 ................................... 47 ....................................47 ................................... 47 ................................... 47 Packet Pg. 185 10.B.1.a d N M AGREEMENT FOR THE DEVELOPMENT AND OPERATION � OF THE ST. LUCIE GASIFICATION FACILITY 00 ti This "Agreement for the Development and Operation of the St. Lucie Gasification Facility" ("Agreement") is dated and effective as of ALA . L4 , 2015 ("Effective Date"), by and between St. Lucie County, Florida ("County"), a poll icalsubdivision of the State of Florida, B as and Green3Power St. Lucie, LLC ("Developer"), a limited liability company duly organized and existing under the laws of the State of Florida. Q RECITALS WHEREAS, pursuant to Section 403.706(1), Florida Statutes, the County is responsible for providing facilities for the disposal of the Municipal Solid Waste ("MSW") generated in the County; and WHEREAS, the County currently conducts various Solid Waste management activities at a central facility and complex ("Complex") located at 6120 Glades Cut -Off Road in St. Lucie County, Florida; and WHEREAS, the County's Complex includes the County's Class I Landfill, a disposal area for Construction and Demolition Debris ("C&D Debris"), an area for managing Yard Waste, a Baling Building, and related facilities; and WHEREAS, the County issued a Request for Qualifications ("RFQ") from firms that are qualified to Process the County's Municipal Solid Waste using innovative conversion technologies; and WHEREAS, Developer submitted a statement of qualifications in response to the County's Request for Qualifications (RFQ No. 14-057); and WHEREAS, the County has reviewed and relied upon the statement of qualifications and other information provided by the Developer concerning the Developer's experience and ability to provide the services required under this Agreement; and WHEREAS, after evaluating all of the proposals that were submitted in response to the County's RFQ, the County finds that the Developer has submitted the best proposal; and WHEREAS, the County wishes to use and the Developer wishes to provide its services, subject to the terms and conditions contained in this Agreement. NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements contained herein, and the mutual benefits provided hereunder, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree that they shall be bound by and shall comply with the following provisions in this Agreement: Packet Pg. 186 10.B.1.a THE BASIS FOR THIS AGREEMENT 1.1 General Scone of Services. This Section 1.1 describes the general scope of the Parties' duties under this Agreement. The general requirements in this Section 1.1 are supplemented by the specific requirements in other sections of this Agreement. Subject to the conditions contained herein: (a) the County will lease a parcel of land (i.e., the "Site") at the Complex to the Developer; (b) the Developer will design, permit, finance, construct, own, operate, and maintain a gasification facility ("Facility") on the County's Site; (c) the Developer will build a new Maintenance Building and new Office Building for the County at the Complex, demolish the County's existing Maintenance Building and Office Building, and then begin construction of the Facility; (d) when the Facility is built, the County will deliver certain types and quantities of Solid Waste to the Facility, which the Developer will Process in the Facility; (e) the Developer will use the Facility to gasify waste material for the County and then the Developer will use the synthesis gas to generate electricity and produce Diesel Fuel; (f) the County will pay Processing Fees to Developer for Processing the County's Solid Waste; (g) Developer will pay all costs and receive all revenues associated with the Processing of Solid Waste, the production of electricity and Diesel Fuel, and the Developer's other activities at the Facility; (h) Developer will operate and maintain the County's existing C&D Recycling Facility; (i) Developer will provide all labor, services, supervision, materials, and equipment necessary to fulfill Developer's obligations under this Agreement; 0) Developer will comply at all times with the requirements in this Agreement and Applicable Law; (k) Developer will perform all of its work and fulfill all of its obligations under this Agreement at Developer's sole expense, in exchange for the Processing Fees and other payments that are expressly authorized herein; and (1) Upon the expiration or termination of this Agreement, the Developer will close the Facility and remove its equipment and personal property from the Site. 2 Packet Pg. 187 10.B.1.a 1.2 Definitions. J The capitalized words and phrases in this Agreement are defined in Schedule 1. The co definitions contained in Schedule 1 shall be used when interpreting this Agreement. If a definition contained in Schedule 1 conflicts with a similar definition in a federal, state, or local law, the definition contained in Schedule 1 shall prevail when construing this Agreement. P 1.3 Schedules. The following Schedules are attached to and made a part of this Agreement: Schedule I - Definitions Schedule 2 - Preliminary Site Development Plan (Existing Facilities; Proposed Facilities) Schedule 3 - Diagram of the Facility's major components, including the air pollution control devices Schedule 4 - Schedule of Processing Fees Schedule 5 - Necessary Permits and Approvals Schedule 6 - Sample Calculations of CPI Adjustments Schedule 7 - Boiler Feedwater Standards Schedule 8 - Specification for No. 2 Diesel Fuel 1.4 Future Contracts. This Agreement provides a general description of the Parties' obligations to each other. The Parties anticipate that the provisions in this Agreement will be supplemented in the future by several other contracts, including the following: (a) A Lease for the Site; (b) A contract concerning the Developer's operation of the County's C&D Recycling Facility; and (c) A contract concerning the Developer's construction of a new Maintenance Building and a new Office Building 2. TERM OF AGREEMENT This Agreement shall take effect and be binding on the Parties from the Effective Date until the date when this Agreement expires or is terminated. The initial term of this Agreement shall expire on the twentieth (20th) anniversary of the Commencement of Operations. At the end of the initial term, this Agreement shall be renewed automatically and extended for an additional Packet Pg. 188 10.B.1.a d term of ten (10) years, unless one Party provides written notice to the other Party on or before the M eighteenth (18'") anniversary of the Commencement of Operations that it does not wish to renew this Agreement. During any renewal term, the Parties shall be subject to the conditions and 00 limitations that are contained herein, unless the Parties agree otherwise. 3. CONDITIONS PRECEDENT as 3.1 Conditions Precedent for Developer's Obligations. a, The Developer shall have no obligation to construct or operate the Facility pursuant to this Agreement unless the Developer concludes that all of the following conditions precedent have been completed to the Developer's satisfaction or the Developer decides to waive the conditions precedent: (a) County Real Estate Documents. Developer and the County enter into a Lease and all other easements, right-of-way, and similar agreements that are necessary to allow Developer to construct and operate the Facility on the Site. (b) Diesel Fuel Agreements. Developer enters into one or more contracts with the County and/or third parties for the sale of all of the Diesel Fuel produced by the Facility. (c) Final Design. Developer shall prepare the Final Design for the construction and operation of the Facility, including the detailed design reports, drawings, and specifications for the gasification equipment and the improvements to the Site. (d) Governmental Permits. Developer and the County obtain all of the Permits necessary for them to fulfill their respective obligations concerning the construction and operation of the Facility. (e) Utility Services. Developer obtains all necessary Utility Services for the construction, operation and maintenance of the Facility. (f) Financing. Developer obtains financing for the construction of the Facility and closes the necessary financing transactions. (g) Interlocal Agreement. The County and the City of Port St. Lucie enter into an interlocal agreement for the supply of Solid Waste to the Facility. 3.2 Obligation to Accomplish Conditions Precedent. The Parties shall use Commercially Reasonable Efforts to complete their respective tasks concerning the conditions precedent identified in Section 3.1, above. Developer shall commence such efforts promptly after the Effective Date and shall diligently and continuously pursue such efforts until (a) the conditions precedent are accomplished or (b) the Developer concludes that such conditions cannot reasonably be accomplished. Upon the occurrence of (a) or (b), the Developer shall promptly give notice to the County. 4 Packet Pg. 189 10.B.1.a a) N 3.3 Failure to Accomplish Conditions Precedent. J The Developer shall have the exclusive right to determine whether the conditions00 precedent in Sections 3.1(a) through (g) have been accomplished. If the Developer concludes that one or more of the conditions precedent in Section 3.1 have not been or cannot reasonably = be accomplished, the Developer may terminate this Agreement pursuant to Section 10.5, below, at any time before the Commencement of Construction. 4. PROCESSING CAPACITY OF THE FACILITY 4.1 Upon and after the Commencement of Operations, each week the Facility shall Process approximately seven thousand (7,000) Tons of Solid Waste, which shall consist of the following types and quantities of Solid Waste: • MSW — 3,300 Tons each week; • Yard Trash — 863 Tons each week; • C&D Debris — 735 Tons each week; • Waste Tires — 352 Tons each week; and • Excavated Waste — 1,750 Tons each week. With regard to the five (5) types of Solid Waste identified above, the actual quantities of waste Processed in the Facility may vary, but the total amount shall not be less than seven thousand (7,000) Tons per week. The quantity of Excavated Waste may be adjusted, as necessary, to provide the required quantity of waste for the Facility's production of Diesel Fuel, subject to the limitations in Section 6.1(d), below. 4.2 The Facility shall be capable of receiving, sorting, and preparing one thousand two hundred (1,200) Tons of Solid Waste each day for use as Refuse Derived Fuel in the Facility's gasification equipment. 4.3 The gasification equipment in the Facility shall be capable of Processing one thousand (1,000) Tons of Solid Waste each day. This value is approximately equivalent to seven hundred twenty-nine (729) Tons of Refuse Derived Fuel each day. 4.4 The Processing capacity of the Facility shall be measured in TPD, based on the amount of MSW, C&D Debris, Yard Waste, Waste Tires, and Excavated Waste that is accepted and Processed by the Facility. The Processing capacity of the Facility shall be determined by calculating the Facility's average performance over a period of thirty (30) consecutive days, except as otherwise expressly provided herein. 5. FACILITY DEVELOPMENT OBLIGATIONS 5.1 The Parties' Obligations Prior to Commencement of Operations. Subject to the other provisions of this Agreement, the development and operation of the Facility will proceed as follows: Packet Pg. 190 10.B.1.a (a) General Obligation to Develop Facility. The Parties shall work diligently d M and in good faith to accomplish their respective tasks under this Agreement so that the Developer can begin the construction of the Facility in a timely manner.00 ti M (b) Permits. The County currently has all Permits required to operate the Complex as it is currently operated. The County shall be responsible for obtaining the Permits (including Permit modifications) necessary to perform its obligations under this Agreement. The Developer shall be responsible for obtaining all Permits necessary to perform its obligations a, under this Agreement. The Parties shall cooperate with each other and shall perform all Q administrative tasks necessary to assist each other with their respective efforts to obtain the necessary Permits, but neither Parry is obligated to incur any out-of-pocket expenses to assist the other Party with its efforts to obtain the necessary Permits. �i r_ 0 (c) Coordination of Construction Activities. Developer and the County shall 0 cooperate and coordinate with each other to ensure that the Developer's construction activities L_ on the Site do not unreasonably interfere with the County's operations on the Complex. At least 0 once each month from the Effective Date until the Commencement of Operations, the Developer 2 shall meet with the Director to discuss the Developer's plans for the construction and operation of the Facility. (d) Commencement of Construction. Before the Commencement of as Construction occurs, the Developer must obtain all of the funds necessary to pay for the c construction of the Facility. The Commencement of Construction shall be deemed to occur on o the date when the Developer delivers a "notice to proceed" to the Developer's general contractor i for the construction of the Facility and the related improvements on the Site. On the same day, the Developer shall send a copy of the notice to proceed to the Director. The Commencement of 0 Construction must occur no later than five hundred forty-five (545) days after the Effective Date, unless an extension of this deadline is granted (1) for a Force Majeure event pursuant to Section 11 of this Agreement or (2) with the written consent of both Parties. The County's sole and E exclusive remedy for Developer's failure to achieve Commencement of Construction before this c deadline is to terminate this Agreement in the manner provided in Section 10, below. Developer shall not have any liability to the County for monetary or other damages solely because c Developer did not achieve Commencement of Construction before the deadline. The County v shall not have any liability to Developer for monetary or other damages solely because the County exercised its right to terminate this Agreement pursuant to this Section 5.1(d). a; (e) Developer's Plans for Proposed Site Development. The Developer's J preliminary Site Development Plan is attached hereto in Schedule 2. Developer shall provide the Director with copies of the Developer's updated Site Development Plans whenever the plans are 3 revised materially. The County shall have the right to review and approve all of the Developer's a° proposed Site Development Plans, before the Developer begins construction of any improvement on the Site. The County's right to approve the Developer's Site Development Plans shall be L limited to whether, and the extent to which, the Developer's Site Development Plans: (1) are in c9 compliance with the County's land development regulations, building codes, and other Applicable Laws that are within the County's jurisdiction and applicable to the proposed m development; (2) are in compliance with the requirements in this Agreement; and (3) will unduly c interfere with the County's structures and operations on the Complex. The County's deadline for c rel Packet Pg. 191 10.B.1.a a) N completing its review of the Developer's Permit Drawings and Final Design shall be twenty-one J (21) days after the Director receives a complete plan and all necessary supporting information, or the deadline established by any Applicable Law, whichever is less. The Site Development Plans 00 provided to the County pursuant to this Section 5.1(e) shall identify the location of the Developer's improvements to the Site, such as buildings, roads, pipes, aboveground and c underground utilities, and related infrastructure, but the Developer is not required to provide the E County with the Developer's trade secrets (e.g., detailed equipment specifications). 0) (f) Replacement of County's Maintenance Building and Office Building. The Developer's preliminary Site Development Plan in Schedule 2 indicates that the Facility will encroach upon the County's Maintenance Building and Office Building. If the Developer deems it necessary, the Developer may demolish the County's Maintenance Building and Office Building. However, the Developer shall construct replacement buildings for the County and the County must relocate its operations to the replacement buildings before the Developer demolishes the existing buildings. The replacement buildings shall be located at the Complex, as shown on Schedule 2. The replacement buildings shall, in all material respects, be at least equal to the existing buildings. The County shall have the right to review and approve the plans and specifications for the replacement buildings before the Developer commences construction of the replacement buildings. The contract for the construction of the replacement buildings, including the requirements for the Developer's insurance and the public construction bonds needed pursuant to Section 255.05, Florida Statutes, must be approved and executed by the Parties before the Commencement of Construction. The Developer shall be responsible for taking all actions and paying all expenses associated with the design, permitting, financing, and construction of the replacement buildings, as well as the demolition of the existing buildings. Subject to Section 5.1(b), above, the County shall assist the Developer with its efforts to obtain the building permits and other approvals from the City of Ft. Pierce. (g) Leachate Pipeline. The County shall design, permit, finance, construct, operate, and maintain a pipeline that the County shall use to convey all of the leachate from the County's Class I Landfill to the Interconnection Point at the boundary of the Site. The Developer shall design, permit, finance, construct, operate, and maintain a pipeline that the Developer shall use to convey all of the leachate from the Interconnection Point to the water treatment system that the Developer will build and operate in the Facility. The County and Developer shall coordinate their respective activities to ensure that the pipeline is installed and operational at least ninety (90) days before the Developer's deadline for completing the Startup and Commissioning Period pursuant to Section 5.1(i), below. However, neither Party shall begin construction of the leachate pipeline before the Commencement of Construction. During and after the Startup and Commissioning Period, the County shall provide the Developer with all of the leachate that the Developer requests, up to the total amount that the County's Class I Landfill produces. Leachate from the Class I Landfill shall be treated by Developer in the Facility's water treatment system to Boiler Feedwater Standards (see Schedule 7) and then used as makeup water in the Facility. The County shall not receive a fee from the Developer for delivering the County's leachate to the Interconnection Point. The Developer shall not receive a fee from the County for using and disposing of the County's leachate. The County provides no warranty or guarantee concerning the quality, composition, or other physical or chemical characteristics of the leachate that the County will provide to the Developer. 7 Packet Pg. 192 10.B.1.a (h) Developer's Operations Plan. The Developer shall submit an Operations d M Plan to the Director at least thirty (30) days before the Commencement of Operations. In general, the Operations Plan shall describe the measures to be used by Developer to ensure that 00 its operations do not cause Objectionable Odors in off -Site areas or nuisance conditions. At a M minimum, the Operations Plan shall describe the Developer's specific plans for controlling = odors, leachate, noise, dust, and litter resulting from the operation of the Facility. The Developer shall use Commercially Reasonable Efforts to control these aspects of the Facility operations. The Operations Plan also shall contain the Developer's plans for: (1) handling Hazardous Waste, Q if any is delivered to the Facility; and (2) responding to emergency conditions, such as fires, accidents, and hurricanes. The County may submit comments to the Developer concerning the Operations Plan, but the County shall have no right to approve or reject the Operations Plan, except for the right to require the Developer to use Commercially Reasonable Efforts to control �i c odors, leachate, noise, dust, and litter. The Operations Plan shall be revised and resubmitted to the County within thirty (30) days whenever there is a change in the Developer's operations that is reasonably likely to increase the odor, leachate, noise, dust, or litter from the Developer's operations and whenever the Developer's operations cause Objectionable Odors in off -Site areas. 0 (i) Completion of Construction and Startup and Commissioning of the Facility. The Startup and Commissioning Period shall begin upon the Completion of Construction. Developer shall complete the Startup and Commissioning Period no later than five hundred forty-five (545) days after the Commencement of Construction, unless an extension of this deadline is granted (1) for a Force Majeure event pursuant to Section 11 of this Agreement or (2) with the written consent of both Parties. The completion of the Startup and Commissioning Period shall be deemed to occur when Developer provides written notice to the Director in compliance with Section 5.10), below. The County's sole and exclusive remedy for Developer's failure to meet this deadline is to terminate this Agreement in the manner provided in Section 10, below. Developer shall not have any liability to the County for monetary or other damages solely because Developer did not complete the Startup and Commissioning Period before the applicable deadline. The County shall not have any liability to Developer for monetary or other damages solely because the County exercised its right to terminate this Agreement pursuant to this Section 5.1(i). However, if this Agreement is terminated pursuant to this Section 5.1(i), Developer shall restore the Site in compliance with the requirements in Section 10.4, below. 0) Commencement of Operations. When the Startup and Commissioning Period is completed, Developer shall provide the Director with written notice certifying that the Facility is capable of Processing at least seven thousand (7,000) Tons each week of Solid Waste (as described in Section 4.2, above) on a continuous basis. The Commencement of Operations shall be the date when the County receives such notice. 5.2 CountsResponsibilities DuringFacility acility Operations. The County shall be responsible for the following activities when the Facility is operational, including the Startup and Commissioning Period: (a) Delivery of Solid Waste. Subject to the conditions herein, the County shall deliver Solid Waste, or cause Solid Waste to be delivered, to the Delivery Point. Packet Pg. 193 10.B.1.a a) N (b) Scales and Weighing. The County currently operates scales, a scalehouse, 0 and automated data collection systems to measure and record the weight of the vehicles delivering Solid Waste to the Complex. After the Commencement of Construction, the County ti shall use its scales, scalehouse, and automated data collection systems to measure and record the weight of the Solid Waste that is delivered to the Facility. Upon the Developer's request, the County also shall weigh the Ash, Recyclable Materials, Prohibited Waste, and other materials removed from the Facility. The County shall record the following information for each vehicle that the County weighs at its scalehouse pursuant to this Agreement: (1) the date and time when Q the vehicle was weighed; (2) the name of the company or entity that delivered or removed materials from the Complex; (3) the vehicle identification number; (4) the vehicle's gross and tare weights; (5) the type of Solid Waste or other material in the vehicle's Load; and (6) the �i origin of the Solid Waste or other material in the vehicle's Load (e.g., a third party). The County c shall provide this information to the Developer within five (5) Business Days after the month in which the information is collected. The County also shall inspect and calibrate its scales at least once each Billing Year. The County shall promptly provide Developer with copies of all test reports the County receives concerning the inspection and calibration of the County's scales. (c) Traffic Control on the Complex. The County will be responsible for placing signs on the Complex and otherwise directing vehicles to the Facility or the Landfills, as appropriate. (d) Receiving Time at the Complex. The County shall operate the scalehouse and scales during the Receiving Time at the Complex, which currently is 6:00 A.M. until 5:00 P.M. each Business Day, and 6:00 A.M. until 2:00 P.M. each Saturday, except Holidays. Upon and after the Commencement of Operations, the County will operate the scalehouse and scales from 6:00 A.M. until 8:00 P.M., seven (7) days each week, except Holidays. However, the Director can reduce the Receiving Time at the Complex whenever the operations at the Facility will be curtailed, if both Parties agree that such action is appropriate. The Director also may reduce the Receiving Time at the Complex to the current hours of operation (i.e., 6:00 A.M. until 5:00 P.M. each Business Day, and 6:00 A.M. until 2:00 P.M. each Saturday, except Holidays) during a Planned Outage at the Facility and whenever the Facility is Processing less than five hundred fifty (550) TPD of Solid Waste, as determined on a daily basis rather than a thirty (30) day average. Further, the Director may reduce the Receiving Time at the Complex so that it is the same as the Receiving Time at the Facility, if the Developer decides to reduce the Receiving Time at the Facility pursuant to Section 5.3(d), below. 5.3 Developer's Responsibilities DuringFacilityOperations. Developer shall be responsible for conducting all of the operations in the Facility and on the Site, including the operation of the gasification units (thermal conversion systems), Diesel Fuel production and storage systems, waste sorting and management systems, water treatment systems, and the electrical power generation system. Among other things, the Developer shall be responsible for the following activities when the Facility is operational, including the Startup and Commissioning Period: (a) Baling Building Operations. The "tipping floor" of the Baling Building shall be the Delivery Point for all of the Solid Waste delivered to the Facility by or on behalf of V, Packet Pg. 194 10.B.1.a d the County, unless the Parties agree otherwise. After the Solid Waste is unloaded inside the M Baling Building, the Developer shall sort the waste and prepare Refuse Derived Fuel for use in the Facility's gasification units. W ti M (b) Transporting Solid Waste. Developer shall be responsible for moving and managing all of the Solid Waste after it is delivered to the Delivery Point. More specifically, Developer shall be responsible for moving all Solid Waste (except Prohibited Waste, which shall a) be handled pursuant to Section 6.7 herein) from the Delivery Point and transporting it to an appropriate location for storage, recycling, Processing, reuse, or disposal, either on or off of the Q Site, as appropriate. The Developer also shall be responsible for moving all Ash, By -Products, _ Recyclable Material, and other material on and off of the Site. (c) Timely Ingress and Egress at Facility. Developer shall direct and control the vehicular traffic on the Site, including the traffic into and out of the Baling Building. Developer shall design and operate the Facility in a manner that allows County Vehicles to enter the Facility, unload, and leave the Site within twenty (20) minutes after the vehicles leave the County's scalehouse on their way to the Site. If a County Vehicle cannot achieve this schedule because of delays it experiences on the Site, the County may allow the County Vehicle to unload at the Landfills, notwithstanding the County's obligation to deliver Solid Waste to the Delivery Point pursuant to Section 6.1(a), below. The County also may allow County Vehicles to unload at the Landfills if a queue of vehicles extends from the Baling Building to the intersection where the access road to the Site veers off from the County's access road to the Landfills. This intersection is shown on Schedule 2. (d) Receiving Time at the Facility. When the Facility is operating, the Receiving Time at the Facility shall be 6:00 A.M. until 8:00 P.M., every day of the year, except Holidays. However, the Developer may reduce the Receiving Time at the Facility if the County agrees in writing that the change in the Receiving Time at the Facility will not unduly hinder the County's ability to provide Solid Waste to the Facility in compliance with the requirements in Section 6, below. The Receiving Time at the Facility shall be extended, when requested by the Director, if necessary to enable the County to deliver Excavated Waste to the Facility in compliance with the requirements in Section 6, below. (e) Utility Services. The Developer shall obtain and pay for all Utility Services necessary for the construction, commissioning, operation and maintenance of the Facility. (f) Developer's As -Built Plans. Within sixty (60) days after the Completion of Construction, the Developer shall provide the Director with a copy of the as -built plans for the Facility. The Developer shall update its as -built plans whenever the Developer performs additional construction on the Site. The updated plans shall be provided to the Director within sixty (60) days after the completion of any such construction. The content of the as -built plans shall be the same as the Site Development Plans described in Section 5.1(e), above. (g) Maintenance of the Facility. Throughout the Term of this Agreement, the Developer shall maintain the Facility and the associated equipment in compliance with the manufacturer's recommendations. Developer also shall repair and refurbish the Facility, as 10 Packet Pg. 195 10.B.1.a d needed, to maintain the Facility's Processing capacity at or above seven thousand (7,000) Tons m per week of Solid Waste (as described in Section 4.1, above). In October of each Billing Year, the Developer shall certify to the County that the Processing capacity of the Facility meets or00 exceeds this requirement. If the Facility does not meet this requirement, the Developer shall perform all repairs necessary to restore the Facility's Processing capacity to this level. 5.4 Developer's Operation of C&D RecyclingFacility. acility. The County and the Developer wish to have the Developer operate and maintain the County's C&D Recycling Facility for the County. To implement this concept, the County and the Developer expect to negotiate and execute a mutually acceptable contract that will establish the specific requirements governing the Developer's operation of the C&D Recycling Facility. If this contract is executed before the Commencement of Operations, the Developer shall take possession of the C&D Recycling Facility upon the Commencement of Operations, unless the Parties mutually agree to an earlier date. 5.5 Developer's Closure of Facility. When this Agreement expires or terminates, the Developer shall close the Facility in compliance with Applicable Law. In addition, the Developer shall remove all of the Solid Waste, By -Products, Rejectable Materials, Ash, and similar materials from the Site. The Developer also shall remove its gasification equipment, fuel production equipment, and personal property from the Site, unless the Parties agree otherwise. However, the Developer shall have no obligation to remove the buildings or the building foundations that the Developer constructed on the Site. 5.6 Developer's Obligation to Hire Locally The Developer shall use its best efforts to hire qualified local residents to work on the construction and operation of the Facility. The Developer shall coordinate with the County to ensure that the Developer's need for qualified local employees is well publicized in the County. When hiring employees, the Developer shall give priority to the employment of local applicants that meet the Developer's criteria for skills and experience. 5.7 County's Right to Purchase Diesel Fuel. The County shall have the right to purchase part or all of the Diesel Fuel produced by the Developer at the Facility. The Developer shall sell the Diesel Fuel to the County at a rate that is at least five percent (5%) less than the current market rate for No. 2 diesel fuel, excluding taxes and other governmental fees. The County's right to purchase Diesel Fuel from the Developer shall expire unless the County provides written notice to the Developer that it wishes to make such purchase and the notice is delivered within sixty (60) days after the Effective Date. If the County fails to give timely notice, the County's right to purchase Diesel Fuel from the Developer shall be limited to the amounts, if any, that the Developer elects to make available to the County. Packet Pg. 196 10.B.1.a 6. SUPPLY OF SOLID WASTE TO THE FACILITY d a J 6.1 County's Obligation to Deliver and Developer's Obligation to Process Solid Waste. (a) Subject to the conditions contained herein, whenever the County's 00 M Franchisee or any other Person delivers New Class I Waste to the Complex, the County must d instruct that Person to deliver the New Class I Waste to the Delivery Point. In this manner, the E County shall cause New Class I Waste to be delivered to the Facility. Subject to the conditions contained herein, Developer must accept and Process all of the New Class I Waste that the Q County delivers or causes to be delivered to the Facility. (b) At its option, Developer may request the County to deliver (or cause to be M u_ delivered) some or all of the New C&D Debris, New Yard Trash, and Waste Tires that are o received by the County at the Complex. Upon request, the County must deliver (or cause to be M delivered) to the Facility all of the New C&D Debris, New Yard Trash, and Waste Tires that are received at the Complex and requested by the Developer. Developer must accept and Process all of the New C&D Debris, New Yard Trash, and Waste Tires that Developer requests and receives m from the County. J (c) If the Developer requests and Processes all of the New Class I Waste, New Yard Trash, and New C&D Debris that is received by the County at the Complex, Developer may request the County to deliver Excavated Waste to the Facility for Processing. In such c circumstances, the County must deliver the amount of Excavated Waste that is requested by the c Developer, subject to the limits in Section 6.1(d), below. Developer must accept and Process all of the Excavated Waste that Developer requests and receives from the County. In all cases involving a request for Excavated Waste, the Developer must provide reasonable advance notice O to the Director, as determined by the Director under the circumstances. When responding to the Developer's requests for Excavated Waste, the County shall have the right to decide whether it will provide Excavated Class I Waste, Excavated Yard Waste, and/or Excavated C&D Debris to a) the Developer. The County currently anticipates that, as its first priority, the County will provide c Excavated C&D Debris to the Developer. (d) Notwithstanding anything else contained herein, the County shall have no as obligation to provide the Facility (1) more than seven hundred fifty (750) Tons of Excavated -J Waste on any day or (2) any Excavated Waste on a Holiday. J ,1 6.2 County's Obligation to Sort Solid Waste. (a) For approximately fourteen (14) years, the County has compacted and baled the Class I Waste before placing such waste in the Class I Landfill. If the County delivers bales of Excavated Class I Waste to the Developer, the County does not need to sort or screen the Excavated Class I Waste before the Excavated Class I Waste is taken to the Delivery Point. If the County delivers Excavated Class I Waste that was not baled before it was placed in the Class I Landfill, the County shall use a Trommel or similar mechanism to reduce the amount of soil that is mixed in with the Excavated Class I Waste, before the County delivers the Excavated Class I Waste to the Delivery Point. The County must use a Trommel or similar mechanism to reduce the amount of soil in any Excavated Yard Trash or Excavated C&D Debris that the 12 Packet Pg. 197 10.B.1.a a) N County delivers to the Delivery Point. With regard to Excavated C&D Debris, the County may M deliver the Excavated C&D Debris to the County's C&D Recycling Facility (i.e., instead of the J usual Delivery Point) and use a vibrating screen (i.e., instead of a Trommel) to reduce the ti amount of soil in the Excavated C&D Debris. In such cases, the Developer shall transport the Excavated C&D Debris from the C&D Recycling Facility to the location desired by the Developer. (b) The County shall have no obligation to sort, segregate, screen, clean, or otherwise improve any New Solid Waste before the New Solid Waste is delivered by or on behalf of the County to the Delivery Point. Except as described in Section 6.2(a), above, the County shall have no obligation to sort, segregate, screen, clean, or otherwise improve any Excavated Waste before it is delivered by or on behalf of the County to the Delivery Point. 6.3 The County's Legal Mechanisms for Delivering Solid Waste to the Facility. (a) The County currently has an exclusive franchise agreement with a Franchisee for the collection of Garbage and certain other types of Solid Waste generated in the unincorporated areas of the County. To the extent allowed by Applicable Law, the County shall: (1) continue to use franchise agreements and a Franchisee to control the collection of Garbage in the unincorporated areas of the County; and (2) continue to require its Franchisee to deliver all of the Garbage collected pursuant to the exclusive franchise agreement to the County's Complex, where the Franchisee will be directed to deliver the Garbage to the Developer at the Delivery Point. (b) The County currently has an interlocal agreement with the City of Port St. Lucie for the collection and disposal of the Garbage generated in the City. Under this interlocal agreement, the City is obligated to deliver its Garbage to the County's Complex. The County shall endeavor to renew, extend, and maintain its interlocal agreement with the City throughout the term of this Agreement. 6.4 Developer's Right to Accept Waste From Non -County Sources. (a) At its option, Developer may enter into contracts with third parties to accept and Process their Solid Waste at the Facility, if the County's deliveries of Solid Waste to the Facility are less than the Processing capacity of the Facility. Under such circumstances, the Developer may accept and Process the following types of Solid Waste at the Facility, without receiving any further approval from the County: (1) Waste Tires generated in St. Lucie County or elsewhere; and (2) incremental amounts of Class I Waste, Yard Trash, and/or C&D Debris when the Developer concludes, in its sole discretion, that such materials are needed to supplement the Solid Waste delivered to the Facility by the County. The Developer also may accept and Process other types of Solid Waste that the Developer receives from third parties, if the Developer receives the Board's prior written approval for such materials. (b) Before the Developer accepts any Solid Waste from a third party for Processing at the Facility, the Developer must demonstrate that the Facility has the Processing capacity to accept and Process all of the MSW, Yard Waste, C&D Debris and Waste Tires that are being delivered to the Facility by or on behalf of the County. The amount of waste being 13 Packet Pg. 198 10.B.1.a d delivered to the Facility shall be determined as of the time when the Developer wishes to accept M Solid Waste from a third party. _J c� (c) In all cases, the Developer shall accept and Process all of the MSW, Yard M Waste, C&D Debris, and Waste Tires that the County delivers to the Facility or causes to be delivered to the Facility. The Parties estimate, but do not guarantee, that as of the d Commencement of Operations, the County's deliveries will be comprised of the types and quantities of Solid Waste that are described in Section 4.1, above. (d) Before the Developer enters into a contract with a third party for the delivery of Solid Waste, Developer shall provide the County with thirty (30) days advance written notice. The Developer also shall work with the County to determine whether the County is able and willing to provide the additional Solid Waste that the Developer is seeking. (e) Developer shall receive one -hundred percent (100%) of the fees, as negotiated by Developer, to be paid by third parties to Developer for Processing Solid Waste in the Facility. Developer shall be solely responsible for submitting invoices for and collecting payment of such fees. Developer shall be solely responsible for Processing, recycling, and/or disposing of all materials that Developer receives from third parties. 6.5 Recyclable Materials. (a) Nothing contained herein shall be construed to restrict the County's right to maintain, promote, and expand its Recycling programs, including the County's right to increase the number and types of Recyclable Materials that the County recycles. Notwithstanding anything else contained herein, the County shall have no obligation to deliver Source Separated Recyclable Materials to the Facility. (b) At its option, the Developer may remove any or all of the Recyclable Materials that are contained in the Solid Waste that is delivered to the Facility. With regard to Recyclable Materials that are removed from the Solid Waste by Developer, (1) Developer shall be solely responsible for the removal, recycling, reuse, and disposal of the Recyclable Materials and (2) Developer shall receive all revenues and shall pay all expenses associated with the removal, recycling, reuse, and disposal of the Recyclable Materials. Developer also shall pay all expenses associated with the disposal of any Solid Waste (e.g., rejects and residue) that is mixed with the Recyclable Material. 6.6 Rejectable Materials. (a) Developer has the right to reject a Load of New Class I Waste if the Load contains more than a de minimis amount (i.e., five percent (5%), measured by weight or volume) of Rejectable Material. This right does not apply to New C&D Debris or New Yard Trash delivered by or on behalf of the County. (b) If a Load of New Class I Waste is delivered by or on behalf of the County and the Load contains one or more items of Rejectable Material (e.g., concrete blocks) that can be removed easily from the Solid Waste, Developer shall use Commercially Reasonable Efforts to remove the Rejectable Materials from the Solid Waste and shall accept the remainder of the 14 Packet Pg. 199 10.B.1.a d Load. If the Developer removes Rejectable Material from the Solid Waste that is delivered by or M on behalf of the County, the Developer may deliver such materials to the County's Class I Landfill or C&D Disposal Area, as appropriate. In such cases, the County shall dispose of the00 Rejectable Materials, without charging any Tipping Fee to the Developer. (c) If the Developer rejects part or all of a Load that is that is delivered to the Facility by or on behalf of the Developer or third parties, the Developer may deliver the Rejectable Materials to the County's Landfills for disposal, subject to the limitations in Section 7, below. In such cases, the Developer shall pay the applicable Tipping Fee for the disposal of the Rejectable Materials. 6.7 Prohibited Waste. The County shall not knowingly deliver and Developer shall not knowingly accept or Process any Prohibited Waste at the Site. Developer shall be responsible for determining whether any single item of Solid Waste or other material delivered to the Facility is Prohibited Waste. If any Person, including the County and Persons delivering on behalf of the County, delivers Prohibited Waste to the Site, Developer shall instruct that Person to remove the Prohibited Waste from the Complex, in compliance with the requirements in Section 6.8, below 6.8 Developer's Infection, Acceptance, and Rejection of County's Solid Waste. (a) The Developer may inspect the Loads in County Vehicles at any time while the vehicles are on the Site, provided the inspections are consistent with the Developer's procedures for inspecting other vehicles and Applicable Law. The Developer shall have at least one trained spotter or operator on duty at the Delivery Point at all times when County Vehicles deliver Solid Waste to the Delivery Point. The Developer's spotter(s) or operator(s) shall inspect the County's Solid Waste when it is unloaded at the Delivery Point and they shall determine whether the Load contains Prohibited Waste. The Developer may refuse to accept part or all of any Load of Solid Waste if the Developer reasonably believes the rejected material consists of Prohibited Waste. If part of a Load in a County Vehicle consists of Prohibited Waste (e.g., a propane gas tank) that can be removed easily from the Load, the Developer may reject the Prohibited Waste, but the Developer shall accept the portion of the Load that is not Prohibited Waste. (b) If the Developer reasonably believes that a County Vehicle is about to unload Prohibited Waste at the Site, the Developer shall immediately notify the driver of such vehicle that he or she cannot unload the Prohibited Waste. If a County Vehicle already has unloaded Prohibited Waste at the Site, the Developer shall immediately notify the driver, before the driver leaves the Site, that the Prohibited Waste has been rejected by the Developer. After notifying the driver, the Developer shall: (1) load the Prohibited Waste into the driver's vehicle; (2) place the Prohibited Waste in a roll -off container on the Site; (3) segregate the Prohibited Waste from the active areas of the Site; or (4) otherwise manage the Prohibited Waste in compliance with this Agreement and Applicable Law. (c) In all cases, the Developer shall be deemed to have accepted the Solid Waste delivered in a County Vehicle when the Solid Waste is unloaded at the Site, unless the 15 Packet Pg. 200 10.B.1.a d Developer informs the driver of the County Vehicle, before the driver leaves the Site, that the M waste is being rejected as Prohibited Waste and then (1) the Developer loads the Prohibited J Waste back into the County Vehicle or (2) the Developer gives notice in compliance with the 00 following requirements: M (i) within six (6) hours after informing the driver, the Developer shall d orally notify the Director that the Developer has rejected the Prohibited Waste; and L (ii) within three (3) Business Days after rejecting the Prohibited Q Waste, the Developer shall provide written notice to the Director and the written notice shall state: the time and date when the Prohibited Waste was rejected; the name of the driver that delivered the Prohibited Waste; the identification number on the County Vehicle; the reason(s) '- for rejecting the Prohibited Waste; the estimated quantity of Prohibited Waste; and how the c Developer has disposed of or will dispose of the Prohibited Waste. M (d) The procedures in this Section 6.8 must be followed if the Developer wishes to reject any Solid Waste that is unloaded at the Site by a County Vehicle. If the as Developer fails to comply with these procedures, the Developer shall be deemed to have waived its right to reject the Prohibited Waste. (e) Title, responsibility, and liability for all of the Solid Waste delivered in a County Vehicle shall pass to the Developer when such Solid Waste is accepted at the Site. The Developer shall arrange and pay for the disposal of all Solid Waste, including Prohibited Waste, that is accepted at the Site. (f) If the Developer refuses to accept Solid Waste delivered by a County Vehicle, and the Developer complies with the requirements in this Section 6.8 for rejecting Prohibited Waste, the Developer may request the County to remove the Prohibited Waste from the Site when the Developer notifies the Director pursuant to Section 6.8(c)(i), above. The Director shall orally notify the Developer, within one (1) Business Day after receiving notice pursuant to Section 6.8(c)(i), whether the County will remove the Prohibited Waste at its cost. If so, the County shall remove such waste within five (5) days after receiving the Developer's oral request. In the alternative, within one (1) Business Day after receiving notice pursuant to Section 6.8(c)(i), the County shall authorize the Developer to arrange for the removal of the Prohibited Waste at the County's expense, subject to terms and conditions that are mutually acceptable to the Parties. 6.9 Delivery of Solid Waste During the Startup and CommissioningPeriod. eriod. The County shall have no obligation to deliver (or cause the delivery of) Solid Waste to the Facility until the Startup and Commissioning Period. At least thirty (30) days before the beginning of the Startup and Commissioning Period, the Developer shall provide the Director with a written estimate of the amount of Solid Waste that the Developer will need each day of the Startup and Commissioning Period. During the Startup and Commissioning Period, the County shall deliver (or cause to be delivered) to the Facility as much New Solid Waste as the Developer reasonably requires to perform the startup and commissioning of the Facility, including the performance and compliance tests for the Facility, but the County is not required to 16 Packet Pg. 201 10.B.1.a d N deliver more New Solid Waste than the County receives at the Complex. If the Developer also M needs Excavated Waste during the startup and commissioning of the Facility, Developer shall J provide reasonable advance notice and otherwise work closely with the Director to ensure that 00 the County has the equipment and personnel available to provide the necessary quantity of Excavated Waste to the Facility. The County shall deliver the requested quantity of Excavated Waste, subject to the limitations in Section 6.1(d), above. 6.10 Storage of Waste Supply. (a) The County only receives Loads of New Solid Waste during the Receiving Times at the Complex. The Facility, however, will operate continuously, twenty-four (24) hours per day and seven (7) days per week, except during Planned and Unplanned Outages. Accordingly, the Facility must be designed and constructed with enclosed areas where the Developer can store enough Solid Waste so that the Developer can continue to operate the Facility when the County is not delivering Solid Waste to the Facility. At a minimum, the Developer must design and construct the Facility with enclosed areas that have sufficient storage capacity to hold safely at least two thousand five hundred (2,500) Tons of Solid Waste or Refuse Derived Fuel. (b) The County shall not deliver (or cause to be delivered) Solid Waste to the Facility if the Facility's enclosed storage areas are full or the Facility is otherwise unable to accept additional Loads of Solid Waste. (c) If the Developer rejects any Solid Waste delivered by or on behalf of the County because the Facility does not have sufficient storage capacity or Processing capacity for such waste, the County's rejected waste may be disposed of by the County in its Landfills. The County will receive the Tipping Fees for such waste. (d) Developer shall provide reasonable advance written notice to the Director if the Developer wants the County to deliver Excavated Waste for the Developer to stockpile in the storage area in the Facility. The County shall use good faith efforts to ensure that the Excavated Waste is delivered to the Facility within a reasonable time after it is requested, subject to the limitations in Section 6.1(d), above. 6.11 Waste Deliveries During Outages. Developer shall provide the Director with reasonable advance written notice of each period when the Processing capacity of the Facility will be reduced as a result of a Planned Outage or other foreseeable condition. The Developer also shall provide the Director with written notice promptly after discovering that an Unplanned Outage or other unanticipated condition will reduce the Facility's Processing capacity. Developer's notice shall identify (a) the extent to which the Facility's Processing capacity has been or will be reduced, (b) the anticipated date and time when the Facility's Processing capacity will be restored, and (c) the amount of Solid Waste, if any, the Developer wishes to receive from the County during the period when the Facility's Processing capacity is reduced. During outages and reduced operations, all of the New Solid Waste that is delivered to the Complex by or on behalf of the County and not accepted by Developer will be disposed of in the County's Landfills. The County will receive all Tipping 17 Packet Pg. 202 10.B.1.a d Fees associated with such waste. During outages and reduced operations at the Facility, if the M Developer rejects any Solid Waste delivered to the Complex by third parties pursuant to Section J 6.4, such waste also may be rejected at the County's Landfills. If the County elects to accept 00 such waste for disposal in the County's Landfills, the County shall receive all Tipping Fees for such waste. y 6.12 Waste Processing Priorities. The Developer will accept and Process Solid Waste at the Facility in the following order of priority: 6.4, above; and (i) First, New Solid Waste delivered by or on behalf of the County; (ii) Second, Solid Waste delivered to the Facility pursuant to Section (iii) Third, Excavated Waste. 6.13 Exclusive Waste Processor. The County agrees that it has not entered into and will not enter into any contracts with any Person, except Developer, for (a) the Processing or disposal of the New Solid Waste that is delivered to the Complex or (b) the recycling or reuse of the Solid Waste contained in the County's Landfills. However, if Developer rejects part or all of the County's New Solid Waste or Excavated Waste for any reason, the County may deliver (or cause another Person to deliver) the rejected Solid Waste to the Landfills or another appropriate facility for recycling, reuse, disposal or other purposes and the County may enter into appropriate contracts for the management of such Solid Waste. 6.14 Disclaimer Concerning Waste Composition. The County does not guarantee and affirmatively disclaims any representations concerning the composition of the Solid Waste that the County will deliver or cause to be delivered to the Facility. The County's disclaimer covers and includes but is not limited to (a) the physical and chemical properties of the Solid Waste, (b) the moisture content of the Solid Waste, (c) the energy value (i.e., BTU content) of the Solid Waste, and (d) the amount of Recyclable Material, Rejectable Material, and other material in the Solid Waste. 6.15 No Limits on Origin of County Solid Waste. This Agreement imposes no limits on the origin of the Solid Waste delivered to the Facility by or on behalf of the County. Among other things, the County may deliver (or cause to be delivered) Solid Waste generated outside the unincorporated areas of St. Lucie County, Florida, or Solid Waste generated by a Person other than the County. The County also may cause Solid Waste to be delivered by an agent (e.g., a Franchisee) or other third party, such as a municipality. IN Packet Pg. 203 10.B.1.a a) N 6.16 Monthly Communications Concerning Waste Supply. m J The Manager shall deliver a Monthly Report to the Director on or before the tenth (1 Oth) 00 Business Day of each Billing Month. At a minimum, the Monthly Report shall provide the following information: (a) the amount of Solid Waste that was Processed at the Facility each day during the previous month; (b) the dates when there will be a Planned Outage or other known event that will reduce the operations at the Facility during the current Billing Month or any of the next six (6) Billing Months; (c) any information in Developer's possession that Developer reasonably expects may affect the County's plans concerning the delivery of Solid Waste to the Facility in the future; and (d) any other information reasonably requested by the Director. The Director and the Manager shall meet at least once each month to discuss the Monthly Report, any �i issues that may reasonably be expected to affect the delivery and acceptance of Solid Waste at c the Facility, and other issues related to the Parties' obligations and performance under this Agreement. 6.17 Limitations Imposed Under Tropicana Contract. Notwithstanding anything else contained herein, the County shall have no obligation to deliver any Excavated Class I Waste to the Developer if such delivery would constitute a breach of the County's obligations under its Landfill Gas Agreement (dated November 23, 2004) with Tropicana Manufacturing Company, Inc. ("TMC"). Based on the provisions of Section 5.7 of the Landfill Gas Agreement, the County cannot deliver Excavated Class I Waste to the Developer before September 30, 2020. However, subject to the other conditions herein, the County can and will deliver Excavated C&D Debris to the Developer until the County can deliver Excavated Class I Waste in compliance with the Landfill Gas Agreement. As noted in Section 6.1(c), the County anticipates that its first priority will be to deliver Excavated C&D Debris to the Developer, rather than Excavated Class I Waste. USE OF COUNTY'S LANDFILLS (a) The County has the right to restrict or reject the delivery of any Solid Waste or other material at the County's Landfills, subject to the limitations contained in this Agreement. The County also has the right to collect the then current Tipping Fees for the disposal of any Solid Waste or other material in the County's Landfills, except as otherwise expressly provided herein. (b) Notwithstanding anything else contained herein, the Developer will not be allowed to dispose of more than one hundred (100) Tons of Rejectable Material in the Landfills on any day, unless the Developer receives the Director's prior written approval. (c) The Developer will not be allowed to dispose of Ash in the Landfills, unless the Developer receives the Director's prior written approval. (d) If a third party delivers Solid Waste or other material to the Complex for the Developer pursuant to Section 6.4, above, and such material is rejected by the Developer for any reason, the County may refuse to accept such material for disposal in the County's Landfills. M Packet Pg. 204 10.B.1.a d N 8. FEES AND REVENUES a J 8.1 The Developer's Invoices to the County. W ti M (a) The County shall provide the Developer with scalehouse information, pursuant to Section 5.2(b), above, to enable the Developer to prepare its invoices to the County. E The Developer's invoice shall be in a format that is acceptable to the Director. a? (b) The Manager shall submit the Developer's invoice to the Director no later than the twentieth (20th) Business Day of each Billing Month. The invoice shall provide the following information concerning the previous Billing Month: (1) the total amount of the Processing Fees owed to the Developer by the County; and (2) the total amount of any other fees or charges to be paid to Developer under this Agreement. The Developer's invoice shall include any supporting information reasonably requested by the Director. The County shall have the right to dispute the amount requested in the Developer's invoice, but all undisputed amounts shall be paid by the County in compliance with the Florida Prompt Payment Act. (c) With regard to Section 8.1(b), above, the amount of the Processing Fees owed to the Developer shall be calculated by multiplying (1) the number of Tons of New Solid Waste delivered to the Facility by or on behalf of the County and Processed by the Developer during the Billing Month by (2) the applicable Processing Fee. The following table contains the applicable Processing Fees and it presents the basic format that should be used when calculating the total amount of the Processing Fees that are owed to the Developer each Billing Month: Type of New Solid Quantity of New Processing Fee (as Monthly Total (U.S. Waste Processed by Solid Waste adjusted for CPT) Dollars) Developer Deliveredby County and Processed by Developer During Billing Month o�►s New Class I - New Yard Trash .... ........ .......... ............ ...... ....... ...._ ........ $10 / Ton ............ $ New C&D Debris ....... ........ ......... ........ ........ ....... ......... ....... ........ $10 / Ton $ Waste Tires 1 .... ......... ......... .... $60 / Ton __. __ _ 1 $ (d) The County shall pay the Processing Fee for all New Solid Waste that is delivered to the Facility by or on behalf of the County and Processed in the Facility, including New Solid Waste that is delivered during the Startup and Commissioning Period. (e) The County shall not pay any Processing Fee for: (1) any Excavated Waste that is Processed by the Facility; (2) any Solid Waste that is rejected by the Developer; (3) any Solid Waste that is not Processed in the Facility; (4) any Solid Waste that is delivered to the Facility by or on behalf of the Developer; and (5) any Solid Waste that is delivered to the Facility by a Person that is not acting on behalf of the County. 20 Packet Pg. 205 10.B.1.a 8.2 CPI Adjustments to the Processing Fee. (a) On October 1, 2016 and each October 1 thereafter during the Term of this Agreement, the Processing Fees shall be adjusted to reflect the change in the Consumer Price Index ("CPI") during the previous year due to inflation or deflation. Specifically, the Processing Fees in Section 8.1(c), above, shall be adjusted by an amount that is equal to one hundred percent (100%) of the percentage change that occurred in the CPI during the most recent twelve (12) consecutive month period beginning on April 1 and ending on March 31. For example, with regard to the CPI adjustment on October 1, 2016, the relevant period will be April 1, 2015 through March 31, 2016. (b) The percentage change in the CPI shall be calculated by using the following formula: PC = CPI 1 divided by CPI 2, minus 1.0, multiplied by 100 Where: PC is the percentage change in the CPI from one year to the next CPI 1 is the CPI index number for the most recent April (e.g., April 2016) CPI 2 is the CPI index number for April in the year before CPI 1 (e.g., April 2015) (c) Notwithstanding anything else contained herein, a single CPI adjustment to the Processing Fees shall not increase the Processing Fees by more than four percent (4.0%) and there shall be no "catch up" adjustment to the Rates in future years. Stated differently, there will not be an adjustment to the Rates in the future to offset or mitigate the effect of the four percent (4.0%) "cap" in a year when the CPI adjustment would exceed four percent (4.0%), but for the four percent (4.0%) limitation contained herein. (d) Notwithstanding anything else contained herein, the CPI adjustment shall result in an increase in the Processing Fee of one percent (1.01/o) or more each year. Stated differently, the Processing Fee shall increase at least one percent (1.0%), even if the application of the formula set forth in Section 8.2(b), above, would result in a smaller increase or a reduction in the Processing Fees. (e) If the CPI is discontinued or substantially altered, the County may select another relevant price index published by the United States government or by a reputable publisher of financial and economic indices. (f) Schedule 6 contains sample calculations that demonstrate how the CPI adjustments will be calculated under hypothetical circumstances. 21 d N M a) J 00 ti M Packet Pg. 206 10.B.1.a d N 8.3 The County's Invoices to the Developer. M m J If the Developer owes any money to the County, the County shall submit the County's 00 invoice to the Manager. The invoice shall provide the following information concerning the previous Billing Month: (1) the total amount of all Tipping Fees owed to the County by the Developer; and (2) the total amount of any other fees or charges to be paid to the County under this Agreement. The amount of the Tipping Fees owed to the County shall be calculated by determining the amount of Solid Waste delivered to the County's Landfills by or on behalf of the a, Developer during the relevant Billing Month and then multiplying that amount by the applicable Q Tipping Fee, except where this Agreement expressly provides that the County or a third party must pay the Tipping Fees. The County's invoice shall include any supporting information M reasonably requested by the Developer. The Developer shall have the right to dispute the r_ amount requested in the County's invoice, but all undisputed amounts shall be paid within thirty (30) days after the Developer receives the County's invoice. 0 8.4 Verification of Payment Amounts. The County's acceptance and payment of any bill from the Developer, and the County's deduction of any amount from any payment due to the Developer, shall not be construed as an accord that the amount paid is the correct amount, nor shall it be construed as a release of any claim the County may have for additional sums payable from the Developer. 8.5 Late Pam. Late payment of any invoice submitted hereunder shall bear interest at a rate determined pursuant to Section 55.03(l ), Florida Statutes. 8.6 Developer's Revenues. Any and all revenues derived by Developer from its operations under this Agreement shall be the exclusive property of Developer. The County shall have no claim or right to any portion of such revenues. Among other things, the provisions of this paragraph apply to and include the revenues derived by the Developer from the sale of the Facility's electricity, steam, Ash, By -Products, Recyclable Materials, Renewable Energy Credits, and synthetic diesel fuel. 8.7 Developer's Billings. The Developer shall be solely responsible for billing and collecting any revenues or fees owed to the Developer. Among other things, the County shall not be responsible for submitting invoices to or collecting money from any third party that delivers Solid Waste to the Facility for the Developer pursuant to Section 6.4, above. 9. REPRESENTATIONS AND WARRANTIES 9.1 Developer's Representations, Warranties and Covenants. Developer hereby represents and warrants as follows: 22 Packet Pg. 207 10.B.1.a (a) Developer is a limited liability company formed, duly organized, validly d N 0 existing, and in good standing under the laws of the State of Florida. Developer is qualified to J do business in every jurisdiction necessary to carry on the business and operations contemplated ti by this Agreement. Developer has all requisite power and authority to conduct its business, to own its properties, and to execute, deliver, and perform its obligations under this Agreement. _ (b) The execution, delivery, and performance of its obligations under this d Agreement by Developer have been duly authorized by all necessary corporate action, and do not Q and will not: (i) require any consent or approval by any Governmental Authority other than that which has been obtained and is in full force and effect; (ii) violate any Applicable Law or violate any provision in any formation documents of Developer; (iii) result in a breach or constitute a default under Developer's formation documents or bylaws, or under any agreement relating to the management or affairs of Developer, or any indenture or loan or credit agreement, or any other agreement, lease, or instrument to which Developer is a party or by which Developer or its respective properties or assets may be bound or affected; or (iv) result in, or require the creation or imposition of any mortgage, deed of trust, pledge, lien, security interest, or other charge or encumbrance of any nature upon or with respect to any of the assets or properties of Developer, as applicable, now owned or hereafter acquired. (c) The obligations of Developer under this Agreement are valid and binding obligations of Developer, and enforceable against Developer by the County. (d) The execution and performance of this Agreement will not conflict with or constitute a breach or default under any contract or agreement of any kind to which Developer is a party, or any judgment, order, statute, or regulation that is applicable to Developer or the Facility. (e) To the best knowledge of the Developer, all governmental approvals necessary for Developer's execution, delivery and performance of this Agreement have been duly obtained and are in full force and effect, except for those Permits identified by Developer in Schedule 5. (f) Subject to Section 20.9 herein, Developer shall comply with all Applicable Laws in effect or that may be enacted during the Term of this Agreement. (g) Developer has not employed or retained any Person, other than a bona fide employee working solely for Developer, to solicit or secure this Agreement, and Developer has not paid or agreed to pay any Person, other than a bona fide employee working solely for Developer, any fee, commission, percentage, gift or any other compensation contingent upon or resulting from the award or making of this Agreement. 23 Packet Pg. 208 10.B.1.a d (h) Developer is not subject to the restrictions in Sections 287.133 and M 287.134, Florida Statutes, for a public entity crime. W (i) Developer is not listed or included in the Scrutinized Companies with M Activities in the Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum, Energy List, which are created pursuant to Section 215.473, Florida Statutes. m 9.2 County's Representations. Warranties and Covenants. County hereby represents and warrants as follows: (a) County is a political subdivision of the State of Florida. County has all requisite power and authority to conduct its business, to own its properties, and to execute, deliver, and perform its obligations under this Agreement. (b) The execution, delivery, and performance of its obligations under this Agreement by County have been duly authorized by all necessary action and do not: (i) require any further consent or approval from the Board; (ii) violate any Applicable Law; (iii) result in a breach or constitute a default under any agreement relating to the management or affairs of County, or any indenture or loan or credit agreement, or any other agreement, lease, or instrument to which County is a party or by which County or its properties or assets may be bound or affected; or (iv) result in, or require the creation or imposition of, any mortgage, deed of trust, pledge, lien, security interest, or other charge or encumbrance of any nature upon or with respect to any of the assets or properties of County now owned or hereafter acquired, the creation or imposition of which could reasonably be expected to have a material adverse effect on the ability of County to perform its obligations under this Agreement. (c) The obligations of County under this Agreement are valid and binding obligations of County, enforceable against the County by Developer. (d) The execution and performance of this Agreement will not conflict with or constitute a breach or default under any contract or agreement of any kind to which County is a party or any judgment, order, statute, or regulation that is applicable to County. (e) To the best knowledge of County, all required governmental approvals necessary for County's execution, delivery and performance of this Agreement have been duly obtained and are in full force and effect, except for those Permits identified in Schedule 5. 24 Packet Pg. 209 10.B.1.a a) N 10. DEFAULT AND REMEDIES a J 10.1 Termination Upon Default. W ti M Either Party has the right to terminate this Agreement by providing notice to the other Party (a "Default Notice") upon the occurrence of an Event of Default with respect to the other Party that is not cured within the time periods set forth in Section 10.2, below. This Agreement shall terminate thirty (30) days after the Default Notice is delivered, unless the Parties mutually a, agree to a different date. Q (a) "Event of Default" means with respect to a Party: (i) The failure of that Party to make payment as required or perform any other material obligation under this Agreement; (ii) That Party experiences an Insolvency Event; or (iii) The making by that Party of a materially incorrect or misleading representation or warranty in this Agreement, provided that the Default Notice is delivered promptly after the other Party discovers the presence of such materially incorrect or misleading representation or warranty in this Agreement. (b) "Insolvency" with respect to a Party means that either that Party: (i) is dissolved (other than pursuant to a consolidation, amalgamation or merger); (ii) makes a general assignment, arrangement or composition with or for the benefit of its creditors; (iii) institutes or has instituted against it a proceeding (which is not dismissed within ninety (90) days of its filing) seeking a judgment of insolvency or bankruptcy or any other relief under any bankruptcy or insolvency law or other similar law affecting creditors' rights, or a petition is presented for its winding -up or liquidation, and such proceeding or petition is not dismissed within ninety (90) days after it is filed; (iv) has a resolution passed for its winding -up or liquidation (other than pursuant to a consolidation, amalgamation or merger); (v) seeks or becomes subject to the appointment of an administrator, provisional liquidator, conservator, receiver, trustee, custodian or other similar official for it or for all or substantially all its assets; or (vi) has a secured party take possession of all or substantially all its assets or has a distress, execution, attachment, sequestration or other legal process levied, enforced or sued on or against all or substantially all its assets. 25 Packet Pg. 210 10.B.1.a d 10.2 Notice and Right to Cure. a J A Party shall not terminate this Agreement unless the following conditions are met: 00 M (a) If a Party fails to make any monetary payment required by this Agreement, the Party entitled to such payment shall provide the Party obligated to make such d payment a written notice specifying such failure. The Party receiving the notice shall have ten (10) Business Days to make the payment after receipt of such notice. (b) With respect to any other obligation specified in this Agreement, the Party to whom such obligation is owed shall first provide the other Party a written notice specifying such failure. The Party receiving the notice shall have a thirty (30) day period after receipt of such notice to cure the failure of performance, if such performance is reasonably susceptible of being cured. With respect to any failure which is reasonably susceptible of being cured but cannot reasonably be cured within thirty (30) days, the Party obligated to take action must commence within such thirty (30) days all acts as will be necessary to cure such failure and the Party shall diligently and continuously work to complete such acts within a time period that is reasonable under the circumstances. If the defaulting Party satisfies these requirements, the time to cure the default shall be extended to include such additional time as is reasonably necessary to effect a cure, provided that the defaulting Party exercises continuous diligent efforts to cure the default during the extended cure period. In all cases, however, the time to cure shall not be longer than ninety (90) days after the non -defaulting Party sent notice to the defaulting Party. If a defaulting Party fails to cure the default within the cure period, the non -defaulting Party may terminate this Agreement. (c) The County's right to exercise its remedies pursuant to this Section 10 is subject to the County's first delivering notice of an Event of Default to the primary lender that is providing financing for the Facility. In addition to any cure periods granted to Developer set forth in Section 10.2(a) and (b), above, the County shall afford to the primary lender an additional period of thirty (30) days from the date of such notice to cure the Event of Default or to cause a designee of such lender to assume the Developer's responsibilities under this Agreement and cure such Event of Default within such additional time period. The County's obligation to provide notice pursuant to this Section 10.2(c) shall apply only if the Developer's primary lender is identified to the County in compliance with Section 20.4 before the Event of Default occurs. 10.3 Remedies Upon Default. Without limitation of any remedies provided in this Agreement, upon the occurrence and continuation of an Event of Default, the non -defaulting Party will have the right to pursue all remedies available at law or in equity, including specific performance. Additionally, the non - defaulting Party shall have the right to recover from the defaulting Party the actual damages it suffered as a result of the Event of Default. However, notwithstanding anything to the contrary contained herein, no Party shall be liable to the other Party for consequential, incidental, delay, cover, punitive, exemplary or indirect damages, lost profits or other business interruption damages, arising under or by statute, in tort or contract (except to the extent expressly provided herein). To the extent any damages to be paid hereunder are deemed liquidated, the Parties 26 Packet Pg. 211 10.B.1.a d N acknowledge that such damages are difficult or impossible to determine, that otherwise obtaining an adequate remedy is inconvenient, and that the liquidated damages constitute a reasonable approximation of the harm or loss. o M 10.4 Restoration of Site. If this Agreement is terminated due to an Event of Default by Developer, Developer shall remove the Facility and restore the Site, including the portions of the Baling Building used by Developer, to substantially the same condition the Site was in, normal wear and tear excepted, when possession of the Site was transferred to Developer, unless the County agrees otherwise in writing. Pursuant to Section 15 herein, Developer shall provide the County with a bond or other Financial Assurance Mechanism to ensure that Developer will restore the Site to such condition. Developer shall complete the restoration of the Site within one hundred eighty (180) days after the termination of this Agreement or the Developer shall forfeit automatically all of its right, title, and interest in the Facility to the County, without any further action being taken by either Party. 10.5 Termination for Convenience Before Commencement of Construction. Developer shall have the right to terminate this Agreement at any time before the Commencement of Construction. Developer may exercise this right, with or without cause, for any or no reason, even if there has been no Event of Default by the County. Developer's right to terminate the Agreement pursuant to this Section 10.5 shall expire upon the Commencement of Construction. 10.6 County's Right to Withhold Payment. If the Developer owes any Tipping Fees to the County and fails to pay such Fees in compliance with the schedule set forth in Section 10.2(a), above, the County may withhold the amount owed from the County's payments to the Developer for Processing Fees. 11. FORCE MAJEURE 1 l .1 Force Majeure. An event of Force Majeure is defined in Schedule 1. 11.2 Effect of Force Majeure. (a) Except as otherwise provided in this Agreement, each Party shall be excused from performance when non-performance was caused by a Force Majeure event but only if. (i) the non -performing Party gives the other Party notice describing the occurrence of the Force Majeure event pursuant to Section 11.3, below; (ii) the non-performance is of no greater scope and of no longer duration than is required by the Force Majeure event; and (iii) the non- performing Party continuously and diligently uses Commercially Reasonable Efforts to remedy its inability to perform. 27 Packet Pg. 212 10.B.1.a d (b) The existence of a Force Majeure event shall not relieve the Parties of any M obligation under this Agreement (including payment obligations) to the extent that performance of such obligation is not precluded by the Force Majeure event. CO M (c) In no event will any delay or failure of performance caused by Force Majeure extend this Agreement beyond its stated Term. d (d) Notwithstanding any other provision in this Agreement to the contrary, in the event that any delay or failure of performance caused by Force Majeure continues for an uninterrupted period of ninety (90) days from its inception, the Party not claiming Force Majeure may, at any time following the end of such period if the Force Majeure event is still in effect, terminate this Agreement upon written notice to the affected Party. 11.3 Notification Obligations. In the event of any delay or nonperformance resulting from a Force Majeure event, the Party claiming that a Force Majeure event has occurred shall notify the other Party immediately by telephone and/or email, and in writing within five (5) days of such occurrence. The notice shall describe the nature and cause of the Force Majeure, the date of commencement and the anticipated duration of the Force Majeure, and shall indicate whether any deadlines imposed hereunder may be affected by the event of Force Majeure. The notice shall describe the measures that have been taken and the measures that will be taken to mitigate or eliminate the effects of the Force Majeure event. A Party claiming that a Force Majeure event has occurred shall not be entitled to any relief unless and until conforming notice is provided. The Party claiming that a Force Majeure event has occurred shall notify the other Party of the cessation of the Force Majeure event or of the conclusion of the affected Party's cure for the Force Majeure event, in either case within two (2) Business Days thereof. 11.4 Duty to Mitigate. The Party claiming that a Force Majeure event has occurred shall use its best efforts to cure the cause(s) preventing its performance of this Agreement and shall provide to the other Party weekly progress reports describing the actions taken to end the Force Majeure event and perform its obligations. 12. DISPUTE RESOLUTION 12.1 Mediation. (a) All claims, disputes and controversies arising out of or related to the performance, interpretation, application or enforcement of this Agreement, including but not limited to claims for payment and claims for breach of this Agreement, may be referred to non- binding mediation before initiation of any adjudicative action or proceeding, at law or in equity, unless it shall be unreasonable to do so or an emergency situation or necessity dictates otherwise. All applicable statutes of limitations and defenses based on the passage of time shall be tolled while the mediation process is pending. The Parties will take all reasonable measures necessary to effectuate such tolling. 28 Packet Pg. 213 10.B.1.a a) N (b) Developer and the County agree to participate fully in the mediation 0 process and conscientiously attempt to resolve their dispute. Each Party shall bear its own expenses in connection with the mediation. Both Parties shall pay equally for the services of the ti mediator. The mediation shall take place in St. Lucie County, Florida. The mediation shall be conducted in compliance with the rules adopted by the Florida Supreme Court and the provisions = in Chapter 44, Florida Statutes. 12.2 Meeting with County Administrator and Board. When a dispute between the County and the Developer is pending or threatened, Developer may attempt to resolve the dispute with the Administrator. Developer's written request shall be delivered to the Administrator and it shall describe Developer's proposed solution for resolving the dispute. The Parties may exchange additional information that is reasonably necessary to evaluate the disputed issue and Developer's proposal. The Administrator shall fully and fairly consider Developer's proposal in a timely manner. Upon request, the Administrator shall meet with Developer and discuss its proposal. If the Administrator rejects Developer's proposal in whole or in part, Developer shall be allowed to present its proposal to the Board at a duly noticed public meeting; provided, however, Developer must deliver its written proposal to the Board at least thirty (30) days before the public meeting. The Board may accept or reject Developer's proposal, or take other action that the Board deems appropriate, in the Board's sole discretion. If the Parties are unable to resolve the dispute under this Section 12.2, either Party may initiate a non -binding mediation process in accordance with the provisions of Section 12.1 above. 12.3 Litigation. tom. If either Party is dissatisfied after following the procedures in Sections 12.1 or 12.2, it may initiate litigation, subject to the provisions in this Agreement. 12.4 Disputes Relating to Termination For Cause. Notwithstanding the other provisions in this Section 12, if any Party terminates this Agreement for cause, the terminating Party shall have the right, in its sole discretion, to proceed directly with litigation of any claims or disputes relating to the termination for cause and may include other claims and disputes unrelated to the termination, and shall not be required to submit such claims or disputes to mediation. In any litigation concerning or arising under this Agreement, the Parties shall pay their own costs, expenses, and attorneys' fees. 12.5 Waiver of Jury Trial. The Parties agree that any claim filed in state or federal court concerning this Agreement shall be heard by a judge, sitting without a jury. THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY, AND PERMANENTLY WAIVE ANY RIGHT THEY MAY HAVE TO A JURY TRIAL CONCERNING ANY MATTER THAT ARISES FROM OR IS BASED ON THE INTERPRETATION, APPLICATION, OR ENFORCEMENT OF THE TERMS OF THIS AGREEMENT. WE Packet Pg. 214 10.B.1.a d 12.6 Jurisdiction and Venue. m J The Parties acknowledge and agree that with respect to any action, suit, or other 00 proceeding (a "proceeding") to enforce, interpret, or apply the provisions of this Agreement, each Party irrevocably submits to the exclusive jurisdiction of the state and federal courts in and for St. Lucie County, Florida, and waives any objection which it may have at any time to the laying of venue of any proceeding brought in any such court, and waives any claim that such proceeding has been brought in an inconvenient forum, and waives the right to object that such Q court does not have jurisdiction over such Party. 12.7 Governing Law. The laws of the State of Florida shall govern the rights, obligations, duties, and liabilities of the Parties to this Agreement and shall govern the interpretation of this Agreement. 12.8 Sovereign Immunity. Nothing in this Agreement shall be interpreted or construed to constitute a waiver of the County's common law sovereign immunity or the limits on liability set forth in Section 768.28, Florida Statutes, for tort claims. 12.9 Operations During Dispute. If a dispute (that is not an Event of Default) arises between the County, the Developer, and/or any other Person concerning a Party's performance, obligations, rights, or compensation under this Agreement, the Parties shall continue to perform their respective duties in strict compliance with the requirements of this Agreement, regardless of the pending dispute. 13. DAMAGES AND INDEMNIFICATION 13.1 Liability. The Developer shall be liable for all injuries and conditions that are caused by or result from the Developer's actions, including but not limited to the Developer's failure to perform in accordance with the terms of this Agreement. To the extent that the County and Developer are joint tortfeasors, losses shall be apportioned in the manner described in Section 13.3, below. 13.2 Developer's Indemnification. (a) To the greatest extent allowed by Applicable Law, the Developer releases and shall indemnify, hold harmless, and, if requested by the County, defend, each of the County Indemnified Parties from and against every Indemnified Loss that is caused by or results from, directly or indirectly, in whole or in part, any negligent or willful act or omission of the Developer, the Developer's officers, employees, agents and invitees, any tier of subcontractor to the Developer or any subcontractor to a subcontractor of the Developer, or anyone employed by any of those Persons for whose acts or omissions any of them may be liable, except to the extent resulting from the negligent acts or omissions of the County Indemnified Party. The obligation of the Developer under this Section 13.2 is absolute and unconditional; it is not conditioned in 30 Packet Pg. 215 10.B.1.a d N any way on any attempt by a County Indemnified Party to collect from an insurer any amount under a liability insurance policy, and is not subject to any set-off, defense, deduction, or counterclaim that the Developer might have against the County Indemnified Party. 00 M (b) It is the intent of this Section 13.2 that the Developer's indemnification obligations include all joint and several liability of the Developer, any subcontractor to the Developer, or any subcontractor to a subcontractor of the Developer, and anyone directly or indirectly employed by any of them, or anyone for whose acts or omissions any of them may be Q liable. �. (c) The County may employ any outside counsel of its choice or may use its in-house counsel to enforce or defend its right to indemnity provided by this Agreement. If a County Indemnified Party requests that the Developer defend it with respect to any Indemnified Loss, the County Indemnified Party may participate in the defense at its sole cost and expense. The Developer shall advance or promptly reimburse to a County Indemnified Party any and all costs and expenses incurred by the County Indemnified Party in connection with investigating, preparing to defend, settling, or defending any legal proceeding for which the County Indemnified Party is entitled to indemnification under this Agreement. 13.3 Contribution. In the event of joint negligence on the part of the County and the Developer, any loss and costs shall be apportioned in accordance with the provisions of Section 768.31, Florida Statutes, the Uniform Contribution Among Tortfeasors Act, as it exists on the Effective Date, subject to the recovery limits set forth in Section 768.28, Florida Statutes, in effect on the Effective Date. 13.4 Fines and Penalties. If the Developer fails to comply with any Applicable Law, the Developer shall promptly pay to the County the following: (1) All lawful fines, penalties, and forfeitures charged to the County by any judicial order or by any Governmental Authority responsible for the enforcement of the Applicable Law; and (2) The actual costs incurred by the County as a result of the Developer's failure to comply with the Applicable Law, including any costs incurred in investigating and remedying the conditions which led to or resulted from the Developer's failure to comply with the Applicable Law. 13.5 No Personal Liability. Nothing in this Agreement shall be construed as creating any personal liability on the part of any officer, employee, agent or representative of the County or the Developer. 31 Packet Pg. 216 10.B.1.a d 14. DEVELOPER'S INSURANCE a J 14.1 Developer's Insurance. W The Developer shall maintain, on a primary basis and at its sole expense, at all times after ti M the Effective Date until this Agreement expires or is terminated, policies of insurance that insure d the Contactor against claims, demands, or causes of action for injuries received or damages to people or property relating to the Developer's acts and omissions under this Agreement. At a minimum, the Developer shall maintain the insurance coverage, limits, and endorsements Q described herein. The requirements contained herein, as well as the County's review or acceptance of insurance maintained by the Developer, are not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Developer under this '_ Agreement. c c 14.2 Commercial General Liabili On and after the Effective Date, Developer shall maintain Commercial General Liability with the following minimum limits and coverage: Each Occurrence/General Aggregate $1,000,000/$2,000,000 Products — Completed Operations $2,000,000 Personal and Adv. Injury $1,000,000 Fire Damage $ 200,000 Contractual Liability Included The General Liability insurance form shall be no more restrictive than the latest edition of the Occurrence Form Commercial General Liability policy (CG 00 01) of the Insurance Services Office or equivalent, without restrictive endorsements. Coverage shall not contain any endorsement(s) excluding nor limiting Products/Completed Operations, Contractual Liability or Cross Liability any further than the restrictions included in the latest edition of the Occurrence Form Commercial General Liability policy (CG 00 01) or equivalent. The coverage shall include: (1) Bodily Injury and Property Damage; (2) Premises and Operations; (3) Independent Contractors; (4) Products and Completed Operations; (5) Broad Form or equivalent Contractual Coverage applicable to the Agreement and consistent with the indemnification and hold harmless provisions in the Agreement; (6) Broad Form or equivalent Property Damage Coverage; and (7) Personal Injury Coverage; all with employment and contractual exclusions removed and deleted. 14.3 Business Automobile Liability. On and after the Effective Date, Developer shall maintain Business Automobile Liability at a limit of liability not less than $1,000,000 Combined Single Limit / Each Accident. Coverage shall include liability for Owned, Non -Owned & Hired automobiles. 14.4 Pollution Liability. On and after the Commencement of Construction, Developer shall maintain Pollution Liability at a minimum limit not less than $2,000,000 Each Occurrence / $2,000,000 Aggregate including all sudden and non -sudden events. 32 Packet Pg. 217 10.B.1.a a) N 14.5 Excess Liability. a J On and after the Commencement of Construction, Developer shall maintain Excess 00 Liability at a limit of liability not less than $5,000,000 Each Occurrence / $5,000,000 Aggregate. Developer shall include each required policy herein as an underlying policy on the Excess = Liability, unless the total combined limit of the Excess Liability is satisfied in the required policy. Developer shall endorse the County as an "Additional Insured" on the Umbrella or Excess Liability, unless the Certificate of Insurance states the Excess Liability provides coverage Q on a "True Following -Form" basis. This liability may be satisfied by the Umbrella Liability >, form, and the limit may be satisfied by multiple layers of coverage. 14.6 Worker's Compensation Insurance & Employers Liability. On and after the Commencement of Construction, Developer shall maintain Worker's Compensation Insurance & Employers Liability in accordance with Chapter 440, Florida Statutes. Developer shall maintain Employers' Liability Limits not less than $1,000,000 Each Accident, $1,000,000 Disease Each Employee, and $1,000,000 Disease Policy Limit. 14.7 Additional Insured Endorsements. Developer shall endorse its insurance with the County as an Additional Insured as follows: (1) for the Commercial General Liability, the Developer shall endorse the County with either a CG 2026 Additional Insured — Designated Person or Organization endorsement or CG 2010 Additional Insured — Owners, Lessees, or Developers — Scheduled Person or Organization endorsement, or similar endorsement; (2) for the Business Automobile Liability, the Developer shall endorse the County with a CA 2048 — Designated Insured, or similar endorsement; (3) for the Pollution Liability, the Developer shall endorse the County with the standard Additional Insured endorsement filed by the insurer for use in the State of Florida; and (4) for the Excess Liability, the Developer shall endorse the County as an "Additional Insured" on the Umbrella or Excess Liability, unless the policy provides coverage to the underlying policies on a "True Following -Form" basis. The Additional Insured shall read "St. Lucie County, Florida, a political subdivision of the State of Florida, and its Board of County Commissioners" for all endorsements. These endorsements shall specifically state that the coverage afforded by the endorsement shall be provided on a primary and non-contributory endorsement. This primary and non-contributory language can be included in the additional insured endorsement, can be provided in a separate stand-alone endorsement, or this language can be included in the actual liability coverage form for the line of insurance coverage that is being evidenced to the County. A copy of any endorsement issued to extend coverage to the County must be provided when evidencing insurance to the County. 14.8 Waiver of Subrogation. Developer agrees to a Waiver of Subrogation for each policy required herein. When required by the insurer, or should a policy condition not permit Developer to enter into an pre - loss agreement to waive subrogation without an endorsement, then Developer agrees to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any 33 Packet Pg. 218 10.B.1.a d policy that includes a condition specifically prohibiting such an endorsement, or voids coverage M should Developer enter into such an agreement on a pre -loss basis. A copy of any endorsement J issued to extend coverage to the County must be provided when evidencing insurance to the 00 County. M 14.9 Certificate(s) of Insurance. Developer shall provide the County with Certificates of Insurance evidencing that all coverages, limits, and endorsements required herein are maintained and in full force and effect. With regard to the insurance required pursuant to Sections 14.2 and 14.3, above, the initial Certificate of Insurance shall be delivered to the County Attorney at least five (5) days before the Effective Date. With regard to the insurance required pursuant to Sections 14.4, 14.5, and 14.6, above, the initial Certificate of Insurance shall be delivered to the County Attorney at least five (5) days before the Commencement of Construction. Each Certificate of Insurance shall provide for a minimum of thirty (30) days prior written notice to the County of any cancellation of coverage. The Developer shall ensure that such notice is provided to the County. Each Certificate of Insurance shall identify the County's RFQ (No. 14-057) and this Agreement in the certificate. The Certificate Holder shall be identified as: St. Lucie County, Florida 2300 Virginia Avenue Fort Pierce, Florida 34982 Each Certificate of Insurance shall evidence a waiver of subrogation in favor of the County, that coverage shall be primary and noncontributory, and that each policy includes a Cross Liability or Severability of Interests provision. The Certificates of Insurance shall be provided to the County Attorney's Office at the address provided above. The Developer shall ensure that current Certificates of Insurance are on file with the County at all times during the term of this Agreement and such certificates comply with the requirements herein. 14.10 Deductibles, Self -Insured Retentions, and Supplemental Coverage. Developer shall be solely responsible for any costs or expenses as a result of a coverage deductible, coinsurance penalty, or self -insured retention. When a self -insured retention or deductible exceeds Two Hundred Fifty Thousand Dollars ($250,000) for any of the foregoing required policies, the County reserves the right, but not the obligation, to review and request a copy of the Developer's most recent annual report or audited financial statements to determine the reasonability of the retention levels, based on the financial capacity of Developer. At the County's option, the Developer may be required to reduce the self -insured retentions, or the Developer shall be required to procure a bond guaranteeing payment of losses and related claims expenses, except as provided in Section 14.13, below. The County shall be exempt from, and in no way liable for, any sums of money that may represent a deductible or self -insured retention in any insurance policy. The payment of such deductible or self -insured retention shall be the sole responsibility of the Developer and any subcontractor providing the insurance. 34 Packet Pg. 219 10.B.1.a a) N For policies written on a "Claims -Made" basis, Developer shall maintain a Retroactive a) Date prior to or equal to the Effective Date of this Agreement. In the event the policy is canceled, J non- renewed, switched to an Occurrence Form, retroactive date advanced, or any other event ti triggers the right to purchase a Supplemental Extended Reporting Period (SERP) coverage during the term of this Agreement, Developer agrees to purchase a SERP with a minimum = reporting period not less than two (2) years. The requirement to purchase a SERP shall not relieve Developer of the obligation to provide replacement coverage. 14.11 Right to Revise or Reject. The County reserves the right, but not the obligation, to reject any insurance policy that fails to meet the criteria stated herein. Additionally, the County reserves the right, but not the obligation, to review or reject any insurer providing coverage due to its poor financial condition or failure to operate in compliance with Applicable Laws. Neither the County's approval of any insurance provided by the Developer or a subcontractor, nor its failure to disapprove such insurance, shall relieve the Developer or a subcontractor of any part or all of its responsibility for any liability, damages, or accidents, as set forth herein. 14.12 Minimum Requirements for Insurance. All of the insurance provided by the Developer pursuant to this Agreement shall be issued by an insurance company or companies licensed or approved to do business in the State of Florida with a minimum rating of "A" in accordance with the latest edition of A.M. Best's Insurance Guide. Additionally, the Financial Category Size must be "X" or greater. 14.13 Other Insurance Requirements. At its option, the County may allow the Developer to be self -insured for one or more lines of coverage. In such circumstances, the Developer shall be required to demonstrate to the satisfaction of the County that the Developer has adequate financial resources to defend and cover all claims in the amounts and categories required by the County. If the Developer provides the County with a certificate of self-insurance issued by the State of Florida for the required insurance, the certificate shall be deemed sufficient to demonstrate that the Developer has adequate financial resources to defend against potential claims, The Developer shall immediately advise the County of pending or threatened litigation if such litigation will reduce the coverage provided to the County. An insurer shall have no right of recovery against the County. The required insurance policies shall protect the Developer and the County, and they shall be the primary coverage for any losses covered by the policies. The Developer shall provide written confirmation that any company issuing insurance pursuant to this Agreement agrees it has no recourse against the County for payment of premiums or assessments in any form for such insurance. The Developer shall be responsible for all of its subcontractors (if any) and their insurance. Each subcontractor shall provide certificates of insurance to the Developer that demonstrate coverage and terms in compliance with the requirements applicable to the 35 Packet Pg. 220 10.B.1.a d Developer. The Developer's liability under this Agreement shall not be limited by the presence M or absence of any insurance that is to be maintained by the Developer's subcontractors. J 00 15. PERFORMANCE AND PAYMENT BONDS M (a) The Developer shall furnish to the County performance and payment bonds to ensure the Developer's faithful performance of the requirements contained in this Agreement. (b) At least thirty (30) days before the Commencement of Construction, the Developer shall provide the County Attorney with a performance and payment bond sufficient to ensure full performance and payment to all contractors and subcontractors providing services or materials for the construction of the new Maintenance Building, the new Office Building, and the Facility. The form and content of the bond are subject to the County's prior approval, which shall not be unreasonably withheld. The Developer may satisfy the requirements in this Section 15(b) by requiring its general contractor to provide the performance and payment bond, but the Developer shall remain liable to the County for any defect or deficiency in the bond, or any deficiency in the payments to any contractor or subcontractor of any tier, which results in or causes the County to suffer any actual damages. The performance and payment bond shall comply with any applicable requirements in Section 255.05, Florida Statutes, and Applicable Laws. (c) In addition to the requirements in Section 15(b), at least thirty (30) days before the Commencement of Operations, the Developer shall furnish to the County an irrevocable, annually renewable, operations performance bond or a letter of credit, escrow account, or other similar financial assurance mechanism ("Financial Assurance Mechanism") in the amount of Five Million Dollars ($5,000,000) to provide funds, if needed, for the removal of the Facility and restoration of the Site pursuant to Section 10.4, upon termination of this Agreement. The Financial Assurance Mechanism shall be maintained in effect until the Facility Processes seven thousand (7,000) Tons per week of Solid Waste (as described in Section 4.1, above) for twenty-four (24) consecutive months (i.e., one hundred four (104) consecutive weeks). Thereafter, the Developer shall maintain the Financial Assurance Mechanism in place if the County pays the premium for the performance bond or otherwise reimburses the Developer for the out-of-pocket cost of maintaining the Financial Assurance Mechanism. If this Agreement is terminated while the Financial Assurance Mechanism is in effect, the Financial Assurance Mechanism shall be used to pay for the removal of the Facility and restoration of the Site as provided in Section 10.4 of this Agreement, if the Developer fails to comply with its obligations under Section 10.4, below. (d) The form and content of the bonds and Financial Assurance Mechanism shall be subject to the prior written approval of the County Attorney. The bonds shall be issued by a surety company that is acceptable to the County. At a minimum, the surety company shall be rated "A" or better as to management and "FSC V or better as to strength by Best's Insurance Guide or Surety, and must be listed on the U.S. Treasury Department's list of acceptable sureties for federal bonds. The Surety must demonstrate that it has been in business and has a record of successful and continuous operation for at least five (5) years. The bonds shall: (a) contain any provisions required by Applicable Law; (b) guarantee the performance of the Agreement; and (c) 36 Packet Pg. 221 10.B.1.a a) N not be canceled or not renewed without at least thirty (30) calendar days prior written notice to the County. ao (e) Maintenance of the bonds and a Financial Assurance Mechanism and the performance by the Developer of all of the obligations under this Section 15 shall not relieve the Developer of liability under the default and termination provisions set forth in this Agreement or from any other liability resulting from any breach of this Agreement. The payment bond and any performance bond may be "called" or and used if there is any default or breach of this Agreement Q by the Developer. Calling or using the payment bond or performance bond shall not restrict or preclude the use of any other remedies available against the Developer for breach, default, or damages. ,M 16. DEVELOPER'S RELATIONSHIP WITH THE COUNTY 16.1 Availability of Developer's Representatives. During the Term of this Agreement, the Developer shall cooperate with the County in every reasonable way to facilitate the successful completion of the activities contemplated under this Agreement. The Director shall have twenty-four (24) hour access to the Manager via telephone and electronic mail. Answering machines, pagers, or other devices that do not provide for immediate contact with the Manager shall not satisfy the requirements of this paragraph. The Manager shall meet with the Director within five (5) Business Days after receiving a request for a meeting to discuss the Developer's performance under this Agreement or other issues of concern to the Director. 16.2 Director's Review of Developer's Performance. The Director is hereby designated as the public official responsible for the day-to-day administration of this Agreement by the County. The Developer shall diligently work with the Director to formulate and adopt procedures that will facilitate the Developer's performance under this Agreement and the Director's review of the Developer's work. 16.3 Right to Inspect Developer's Operations. The County shall have the right to inspect the Developer's facilities and operations on the Site at any reasonable time to determine whether the Developer's performance complies with the requirements of this Agreement. The Developer shall make its facilities and operations available for the County's inspection and shall cooperate fully. The County is not obligated to provide advance notice of its inspections. 16.4 Rightpprove. Whenever this Agreement authorizes the County or one of its representatives (e.g., the Director) to approve a request by the Developer, the County shall have the right to withhold its approval until the Developer submits all of the information reasonably needed to evaluate the Developer's request. The County shall fairly and objectively evaluate the information provided by the Developer, as well as any other relevant facts. The consent of the County shall not be unreasonably withheld or delayed, except as otherwise explicitly provided herein. However, the 37 Packet Pg. 222 10.B.1.a d County shall have the exclusive right to weigh the relevant facts and determine whether the M approval of the Developer's request is consistent with the requirements in this Agreement and J the public interest. W ti M 16.5 Educational Tours. When requested by the Director, the Developer shall conduct educational tours of the Facility for the County, students, and other members of the public. The Director shall provide reasonable advance notice to the Developer before scheduling any such tours. The Director shall coordinate with the Developer to ensure that such tours do not unduly interfere with the Developer's operations at the Facility. 17. RECORDI EEPING AND REPORTING REOUIRMENTS 17.1 General Recordkeeping. The Developer shall be solely responsible for keeping all of the records and documents necessary to demonstrate that Developer has performed its duties in compliance with the requirements in this Agreement. At a minimum, the Developer's records shall include copies of: (1) all Permits required for the Developer's activities under this Agreement; (2) all Citations; (3) all correspondence to and from the FDEP and other Governmental Authorities concerning the Developer's activities under this Agreement; (4) all logs and reports required by the Permits or this Agreement; and (5) any other documents necessary to confirm that the Developer has performed in accordance with this Agreement. The Developer's records shall be accurate, well - organized and up-to-date at all times. The Developer's records concerning its performance under this Agreement shall be kept in the Developer's office at the Site or in another location in St. Lucie County during the Term of this Agreement. Thereafter, such records shall be retained by the Developer for a minimum of five (5) years after the termination or expiration of this Agreement. 17.2 Format of Reports. All of the Developer's reports to the County shall be submitted in an electronic (digital) format that is compatible with the County's software (e.g., Microsoft Word; pdf). Hard copies also shall be provided, if requested by the Director or if they are expressly required herein. The general format and content of the Developer's reports are subject to the Director's approval. 17.3 Accident Reports. The Developer shall notify the Director of any accidents involving the Developer's staff, vehicles, or equipment that occur while the Developer is performing services under this Agreement and result in personal injuries or damage to public or private property. In all such cases, oral notice shall be provided within six (6) hours of the accident and a written report shall be provided to the Director within one (1) Business Day of the accident. If any issues are unresolved at that time, a subsequent report shall be provided to the Director within two (2) Business Days following the ultimate disposition of the case. The oral and written reports shall include the date and time of the event, a description of the event, an estimate of the damages and 38 Packet Pg. 223 10.B.1.a d N injuries (if any) caused by the event, and a description of how the event and any associated M damages and injuries were handled or will be handled. J 00 17.4 Environmental Reporting, The Developer shall keep the Director informed about the status of the Developer's compliance with applicable environmental laws. Accordingly, the Developer shall provide the Director with a copy of the following documents within five (5) Business Days after the Developer sends such documents to or receives such documents from the FDEP or another Governmental Authority with jurisdiction over environmental issues: (a) all documents concerning unauthorized spills, discharges, or releases of Solid Waste, leachate, or other solid or liquid wastes on the Site; (b) all documents concerning the Developer's failure or inability to comply with any Permit or Applicable Law; (c) applications for construction, operation, and renewal Permits; and (d) reports and related documents concerning the Facility's airborne emissions, liquid discharges, and impacts to surface water and ground water. 17.5 Right to Inspect and Audit Records. (a) The County's documents concerning this Agreement are public records and are subject to inspection by the Developer and other members of the public at any reasonable time, pursuant to Chapter 119, Florida Statutes. (b) Developer shall cooperate with the Director and provide every reasonable opportunity for the County to ascertain whether the duties of the Developer are being performed properly. Developer shall promptly provide any information regarding the services provided by the Developer under this Agreement, in addition to the information required explicitly by this Agreement, that the Director or the Developer reasonably deem relevant under the circumstances. (c) The County shall have the right to inspect, copy, and audit, at the County's expense, all of the Developer's records concerning the Developer's services under this Agreement, except confidential personnel records, financial records, and trade secrets, as defined by Applicable Law. The County may exercise this right as often as the County deems appropriate. The Developer's records shall be made available for inspection at the Complex during normal business hours, within five (5) Operating Days after the County requests the records. The Developer may provide electronic copies of the records, in lieu of hard copies. 17.6 Public's Right to Inspect Developer's Records. The Developer shall comply with all applicable requirements contained in the Florida Public Records Law (Chapter 119, Florida Statutes), including but not limited to any applicable provisions in Section 119.0701, Florida Statutes. To the extent that the Developer and this Agreement are subject to the requirements in Section 119.0701, Florida Statutes, the Developer shall: (a) keep and maintain all records that ordinarily and necessarily would be required to be kept by the County in order to perform the services provided hereunder, for a minimum of five (5) years after the termination or expiration of this Agreement; 39 Packet Pg. 224 10.B.1.a (b) provide the public with access to public records on the same terms and d M conditions that the County would provide the records and at a cost that does not exceed the cost specified in Chapter 119, Florida Statutes, or other laws; 00 M (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; and (d) comply with all requirements for retaining public records and transfer, at no cost, to the County all records in the possession of the Developer at the expiration or termination of this Agreement, and destroy all public records that are confidential and exempt from public records disclosure requirements. If the Developer fails to comply with the requirements in Sections 17.5(a) through (d), the County may enforce these provisions in accordance with the terms of this Agreement. 18. COMPLIANCE WITH APPLICABLE LAWS 18.1 Compliance with Applicable Laws. At all times, the Parties shall comply with all Applicable Laws governing their activities under this Agreement. 18.2 Regulatory Compliance and Citations. The Developer shall respond promptly to all Citations concerning the Developer's activities under this Agreement. The Developer shall provide notice and a copy of each Citation to the Director promptly after the Citation is received by the Developer. Thereafter, the Developer shall keep the County informed about the on -going status of the Developer's efforts to address the Citation and the Developer shall provide notice to the Director when the Citation has been satisfactorily resolved. The Developer shall pay all costs of investigating and responding to a Citation, all costs of correcting deficiencies and achieving compliance with Applicable Laws, and all fines assessed as a result of the Developer's non-compliance. 19. ADMINISTRATIVE CHARGES 19.1 Basis for Administrative Charges. The Parties have established the terms and amounts of the administrative charges set forth herein, and the Parties agree that the administrative charges are reasonable under the circumstances. The Parties also have consulted with their legal counsel and confirmed that these administrative charges are appropriate. 19.2 Administrative Charges During Term of Agreement. Throughout the Term of the Agreement, the Administrator shall assess administrative charges as follows: 40 Packet Pg. 225 10.B.1.a a) N (a) Failure to comply with the provisions in the Operations Plan, Permits, or Applicable Law concerning the control of litter on the Site, within two (2) Business Days after receiving written notice from the Director concerning the deficiency in Developer's operations, ti shall result in the imposition of an assessment of two hundred fifty dollars ($250) per calendar day. _ (b) Failure to comply with the provisions in the Developer's odor control plan within one (1) Business Day after receiving written notice from the Director concerning the deficiency in Developer's operations, shall result in the imposition of an assessment of two hundred fifty dollars ($250) per calendar day. (c) Failure to comply with the provision in the odor control plan within twenty-four (24) hours after receiving written notice from the Director that Developer's failure to comply is causing Objectionable Odors in Off -Site areas, shall result in the imposition of an assessment of one thousand dollars ($1,000) per calendar day. This assessment shall increase to three thousand dollars ($3,000) per calendar day if Developer fails to comply with the requirements in the odor control plan for more than seventy-two (72) hours after Developer receives the Director's written notice. (d) Failure to prevent Objectionable Odors in off -Site areas within twenty- four (24) hours after receiving written notice from the Director that Developer `s activities on the Site are causing such odors, shall result in the imposition of an assessment of one thousand dollars ($1,000) per calendar day. (e) Failure to control stormwater or leachate on the Site in compliance with the Operations Plan, Permits, or Applicable Law within forty-eight (48) hours after receiving written notice of the deficiency from the Director, shall result in the imposition of an assessment of five hundred dollars ($500) per calendar day. (f) Failure to maintain or provide documents in the manner required herein (e.g., see Section 17), within five (5) Business Days after receiving written notice of the deficiency from the Director, shall result in the imposition of an assessment of one hundred dollars ($100) per Business Day. (g) Failure to timely file any report or document required herein (e.g., see Section 17), within five (5) Business Days after receiving written notice of the deficiency from the Director, shall result in the imposition of a one hundred dollars ($100) assessment for each Business Day that each report or document is late. (h) Failure to clean up Solid Waste, liquids, or materials that are spilled on the Site or Complex by Developer, within forty-eight (48) hours after receiving written notification by the Director, shall result in the imposition of a one hundred dollar ($100) assessment per event per day. 41 Packet Pg. 226 10.B.1.a d N 20. MISCELLANEOUS PROVISIONS a J 20.1 BindingEffect. W ti M This Agreement shall be binding on and inure to the benefit of the Parties and their, respective successors and permitted assigns. d 20.2 Transfer of Agreement and Subcontractors. (a) Except as set forth in Section 20.2(b), the transfer or assignment of this Agreement shall require the prior written consent of the non -transferring Party, which consent shall not be unreasonably withheld. Any single transaction or combination of transactions that results in a controlling or majority interest in Developer, or substantially all of Developer's assets, being purchased by or merged with other Persons shall constitute a transfer of this Agreement. (b) Developer may assign, pledge, hypothecate or otherwise transfer, as and for, among other purposes, collateral security, in connection with any financing or the refinancing of the Facility, including a sale of this Agreement, together with a sale of the Facility, combined with the lease back to Developer of the Agreement, as part of a sale - leaseback financing transaction. In connection with any such permitted transfer by Developer, the County agrees to execute a written consent to such collateral assignment as may be reasonably requested, which collateral assignment may include, among other terms, the County's agreement not to terminate this Agreement on account of any Event of Default without written notice to Developer's primary lender and first providing such lender with thirty (30) days to cure such Event of Default. If such written consent is not requested, Developer shall notify the County of any such assignment to the Developer's lender(s) no later than thirty (30) days after the assignment. Notwithstanding anything else contained herein, Developer shall not subcontract its duties or obligations under this Agreement concerning the operation of the Facility, without the prior written consent of the County. Before any subcontractor will be allowed to enter the Site, the Developer must provide the Director with written notice that identifies the name of the subcontractor and a brief description of the work to be performed by the subcontractor. In any case, no subcontract shall relieve Developer of any of its duties or obligations to the County under this Agreement. 20.3 Confidentiality. The County acknowledges that it is important to the Developer that its trade secrets and confidential information not be disclosed to third parties. Accordingly, the Developer must clearly and explicitly label each page of each document as a confidential trade secret, and Developer must comply with Applicable Law, if Developer wishes to keep such document confidential. Notwithstanding anything else contained herein, the County shall have no liability to Developer for the disclosure of any document where disclosure of the document is required under the Florida Public Records Act (Chapter 119, Florida Statutes) or other Applicable Laws. IV) Packet Pg. 227 10.B.1.a a) N 20.4 Notices And Other Communications. m J All invoices, notices, requests, reports, authorizations, protests, and petitions provided for ti herein shall be in writing. Such documents shall be addressed to the individuals identified below, except where otherwise provided herein. All such documents shall be either (a) hand = delivered, (b) mailed by registered or certified mail (postage prepaid), return receipt requested, or (c) sent by telecopy. The documents shall be deemed to have been duly delivered when personally delivered, or when transmitted by telecopier and receipt is confirmed by telephone, or when delivered by U.S. Mail or courier service, as shown by the return receipt. As of the Effective Date, Developer and the County designate the following as the appropriate people and places for delivering notices and other documents: ,M The County: County Administrator St. Lucie County 2300 Virginia Avenue Ft. Pierce, Florida 34982 With a copy to: County Attorney St. Lucie County 2300 Virginia Avenue Ft. Pierce, Florida 34982 Developer: Neil Williams, Ph.D., P.E. Green3Power St. Lucie, LLC 1000 Corporate Drive, Suite 200 Fort Lauderdale, Florida 33334 Tel: 954 202 6660 Email: nwilliams a reen3power.com With a copy to: Robert Kohn c/o Green3Power St. Lucie, LLC 1000 Corporate Drive, Suite 200 Fort Lauderdale, Florida 33334 Tel: 954 202 6660 Email: Robertnbiopowercorp.com Either Party may modify the contact information specified in this Section 20.4 by giving written notice to the other Party in compliance with the requirements in this Section 20.4. 43 Packet Pg. 228 10.B.1.a d N 20.5 Severability. M J The provisions contained in this Agreement shall not be construed to require the County 00 or Developer to take any action that is contrary to any Applicable Law. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or any Applicable Law, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary to conform with such laws, or if not Q modifiable, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. This Agreement shall be construed as if such invalid, illegal, void or unenforceable provision had �i never been contained herein. r- 20.6 Waiver of Requirements. No delay or failure to exercise a right under this Agreement shall impair such right or be construed to be a waiver thereof, and such right may be exercised from time to time and as often as deemed expedient. The failure of the County or Developer at any time to require performance by the other Party of any term in this Agreement shall in no way affect the right of the County or Developer thereafter to enforce same. Nor shall waiver by the County or Developer of any breach of any term of this Agreement be taken or held to be a waiver of any succeeding breach of such term or as a waiver of any term itself. To be effective, any waiver shall be in writing and signed by the Party granting such waiver. Any such waiver shall be limited to the particular right so waived and shall not be deemed to waive any other right under this Agreement. 20.7 Relationship Between the Parties. Nothing in this Agreement shall create or be deemed to create a partnership or joint venture between the Parties. No Party will or is entitled to act as an agent for the other Party. 20.8 No Third Party Beneficiaries. This Agreement does not create any third party beneficiaries. This Agreement confers no rights whatsoever upon any Person other than the County and Developer. This Agreement does not create and shall not be interpreted as creating any standard of care, duty, or liability to any Person not a Party hereto. 20.9 County Ordinances. Notwithstanding any other provision contained in this Agreement, the County shall not enact, adopt, promulgate, modify or repeal any Applicable Law after the Effective Date and then obtain relief from any requirement in this Agreement based on that change in Applicable Law. This prohibition does not apply to the enactment, adoption, promulgation, modification, or repeal of an Applicable Law when such action is required pursuant to state or federal law, unless the County sought or solicited the enactment of the state or federal. 44 Packet Pg. 229 10.B.1.a a) N 20.10 General Rules of Construction. aai J The following rules of construction will apply throughout this Agreement: ti M (a) Headings. Any headings used in this Agreement are for the purpose of = convenience only and shall not affect the meaning or interpretation of the Agreement or document in question. d In (b) Words of Inclusion. The word "including" shall not be construed to be a term of limitation. References to "included" matters or items will be regarded as illustrative and will not be interpreted as a limitation on, or an exclusive listing of, the matters or items referred to. (c) Singular and Plural Forms; Genders. Whenever the context so requires, the singular includes the plural and the plural includes the singular. The gender of any pronoun includes the other genders. (d) Delivery by the County. Whenever this Agreement refers to the delivery of Solid Waste or other material by the County, or uses similar terms, the Agreement shall be construed to mean delivery by or on behalf of the County, or delivery caused by or on behalf of the County, regardless of whether such language is expressly stated herein. 20.11 Counterparts. This Agreement may be executed by each Party upon a separate copy, and in several counterparts, each of which will be deemed to be an original. 20.12 Amendments to Agreement. This Agreement constitutes the entire agreement and understanding between the Parties hereto. This Agreement shall not be considered modified, altered, changed or amended in any respect unless the Agreement is amended in writing and the amendment is executed by Developer and the Board. 20.13 Entire Agreement. This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements and understandings applicable to the matters contained in this Agreement. The Parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained herein. Accordingly, it is agreed that no deviation from the terms of this Agreement shall be predicated upon any prior representations or agreements, whether oral or written. This Agreement shall supersede all prior agreements among the Parties regarding the matters addressed herein. This Agreement supersedes the County's Request For Qualifications (RFQ No. 14-057) and the statement of qualifications that the Developer submitted in response to the County's RFQ. 45 Packet Pg. 230 10.B.1.a d 20.14 Construction of Agreement. m J The Parties acknowledge that they are represented by legal counsel and they have had 00 meaningful input into the terms and conditions contained in this Agreement. Therefore, any doubtful or ambiguous provisions contained herein shall not be construed against the Party that physically prepared this Agreement. The rule sometimes referred to as "Fortius Contra Proferentum" shall not be applied to the interpretation of this Agreement. a; 20.15 Survival of Obligations After Termination. Notwithstanding anything else contained herein, any term, condition, covenant, or obligation in this Agreement that requires performance by a Party subsequent to the termination of this Agreement shall remain enforceable against such Party subsequent to such termination. 20.16 Election of Remedies. Except as otherwise provided herein, the remedies specified in this Agreement shall supplement, and not be in lieu of, any other remedies provided at law or in equity. The payment of any damages by a defaulting Party hereunder shall not constitute a defense for such defaulting Party, nor an election of remedies by the non -defaulting Party, nor serve as the basis for a claim of estoppel against the non -defaulting Party, nor prevent the non -defaulting Party from terminating this Agreement. A Party's decision to refrain from assessing damages, or suspending or terminating this Agreement, or seeking any other relief from any failure of a defaulting Party's performance, shall not constitute a waiver of the non -defaulting Party's right to pursue any other remedy or a waiver of its right to pursue a remedy for any future failure by a defaulting Party. No remedy conferred by this Agreement is intended to be exclusive of any other remedy. Each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity, by statute or otherwise. No single or partial exercise by any Party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 20.17 Permits and Licenses. Each Party, at its sole cost and expense, shall obtain, maintain, and comply with in all material respects throughout the Term of this Agreement, all Permits, licenses and approvals necessary or required to perform its work and provide its services in the manner described herein. With respect to the obligations in this Section 20.17, no Party shall be deemed to be in default of this Agreement if and for so long as such Party is performing all of its obligations under this Agreement while operating under a consent order, consent agreement, compliance schedule, or other similar enforcement/compliance mechanism with FDEP or other Governmental Authority and is diligently and continuously working to cure any compliance issue with respect to any such Permit, license or approval. 20.18 Equal Opportunity Developer agrees that it shall not discriminate against any employee or applicant for employment for work under this Agreement because of handicap, race, color, religion, sex, age, or national origin and shall take affirmative steps to ensure that applicants are employed and 46 Packet Pg. 231 10.B.1.a a) N employees are treated during employment by Developer, as applicable, without regard to race, a) color, religion, sex, age or national origin. This provision shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment advertising; layoff or 00 termination; rates of pay or other forms of compensation; and selection for training, including apprenticeships. Developer agrees to furnish the County with a copy of its Affirmative Action = Policy, upon request. 20.19 Compliance with Labor Laws. Developer shall comply with all Applicable Laws concerning the protection and rights of employees, including, but not limited to, the Occupational Safety and Health Act and all implementing regulations, minimum wage laws, the Americans with Disabilities Act, and the Fair Labor Standards Act. 20.20 Legal Status of the Parties' Employ. A Person employed by a Party shall have no right or claim to any pension, workers' compensation, unemployment compensation, civil service or other employee rights or privileges granted to the officers and employees of the other Party. Each Party shall have the sole responsibility for paying any wages and providing any employment benefits to its own employees and agents. 20.21 Taxes, Fees, and Assessments. The Developer shall pay all sales, consumer, use, ad valorem, leasehold, and other taxes, fees, and assessments applicable to the Contractor's activities under this Agreement, including but not limited to ad valorem taxes and impact fees based on the Developer's leasehold interest in and use of the Site. The County shall have no liability under this Agreement for any such expenses. 20.22 Fair Dealing. Each Party declares and warrants that it enters into this Agreement without reliance on or engaging in any collusion, bribery or fraud, that all of the Party's representations in this Agreement are made fairly and in good faith, and that no Board member, County officer, or County employee, directly or indirectly owns any of the assets or capital stock of Developer, nor will any such Person directly or indirectly benefit from the profits or emoluments of this Agreement, nor has Developer provided any gift to any such Person or their family. 47 Packet Pg. 232 10.B.1.a IN WITNESS WHEREOF, the Parties have executed this Agreement, or caused it to be executed by their duly authorized officers or agents, all as of the Effective Date. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: ` f Name: Paula A. Lewis Title: Chair APPROVED AS TO FORM AND LEGAL SUFFICI Y: By: Daniel S. McI tyre County Attorney 48 Packet Pg. 233 10.B.1.a WITNESSES: Signature Printed Name 7 day of - 4(4t�, 2015 Printed Name day of , 2015 STATE OF FLORIDA ) ) SS: COUNTY OF ST. LUCIE ) DEVELOPER By: 4 � _ tql i . ViTflamS Ph.D., P.E. President and CEO Green3Power St. Lucie, LLC day of,, W5 BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared Neil D. Williams, Ph.D., P.E., President and CEO of Green3Power St. Lucie, LLC, an organization authorized to do business in the State of Florida, and he executed the foregoing Agreement as the proper official of Green3Power St. Lucie, LLC, for the uses and purposes mentioned in it and affixed the official seal of the corporation, and that the instrument is the act and deed of that corporation. He is personally known to me or has produced as identification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the state and county aforesaid on this day of -�, 2015. NOTARY PUBLIC My Commission Expires: *'eyed. STEPHANIE BUSH Commission # FF 198115 49 �•, o Expires March 27, 2019 'qI w\.�.`••` Banded Thru Troy Fnin Insurance 800-385-7010 d rn M a) J 00 ti M Packet Pg. 234 10.B.1.a d SCHEDULE 1 a J DEFINITIONS to 1- The following definitions shall apply within the context of the Agreement as well as = internally within the context of each definition. To the extent that definitions contained herein conflict with similar definitions in any federal, state or local law, the definitions contained therein shall prevail when interpreting the Agreement. v, "Administrator" means the County's chief administrative officer or the Administrator's designee(s). "Agreement" means this "Agreement for the Development and Operation of the St. Lucie Gasification Facility', including the Schedules and all properly authorized and executed amendments. "Applicable Law(s)" shall mean any local, state or federal statute, law, constitution, charter, ordinance, judgment, order, decree, Permit, rule, regulation, directive, policy, standard or similar binding authority, or a judicial or administrative interpretation of any of the same, which are in effect or are enacted, adopted, promulgated, issued or enforced by a Governmental Authority during the Term of this Agreement, and relate in any manner to the performance of the County or Developer under this Agreement. "Ash" means a waste or By -Product of the gasification process, primarily consisting of fly ash, which is collected following the gasification process in the baghouse and other particulate collection devices. "Baling Building" means the structure designated as the Baling Building on Schedule 2, and all of the associated improvements. "Billing Month" means each calendar month in each Billing Year, except that (a) the first Billing Month shall begin at 12:01 A.M. on the Commencement of Operations and end at midnight on the last day of the month in which the Commencement of Operations occurs and (b) the last Billing Month shall end on the day when this Agreement expires or is terminated. "Billing Year" means the County's fiscal year, which begins on October 1 and continues through September 30 of the following year, except that (a) the first Billing Year shall commence at 12:01 A.M. on the Commencement of Operations and end at midnight on the last day of the County's fiscal year in which the Commencement of Operations occurred and (b) the last Billing Year shall end on the day when this Agreement expires or is terminated. "Biomedical Waste" shall have the meaning provided in Section 403.703(2), F.S. "Board" shall mean the Board of County Commissioners of St. Lucie County, Florida, or the Board's designee(s). "Boiler Feedwater Standards" means the water quality standards set forth in Schedule 7. 1 of 10 Packet Pg. 235 10.B.1.a "BTU" means British Thermal Unit. d N a) J "Business Day" means each Monday, Tuesday, Wednesday, Thursday and Friday that is 00 not a Holiday. V "By -Products" means any product of, or material resulting from, the operation of the d Facility that has value and can be put to a beneficial use. L "C&D Disposal Area" means the area at the Complex that is used for the disposal of Q C&D Debris. "C&D RecyclingFcility" means the structure that is designated as the C&D Recycling M U_ Facility on Schedule 2, and all of the associated equipment and improvements. c "Change in Law" means the adoption, promulgation, or modification of any Applicable M := Law after the Effective Date, which directly and substantially affects the Developer's or County's M ability or cost to perform under this Agreement. A Change in Law does not include a change in any tax law or workers' compensation law. J "Citation" means any warning letter, notice of violation, cease and desist order, or similar in document concerning a civil, criminal, or administrative enforcement proceeding involving the Facility or Developer's activities under this Agreement. c "Class I Landfill" shall mean the area at the Complex that is used for the disposal of c M Class I Waste. O "Class I Waste" shall have the same meaning as provided in Rule 62-701.200(13), F.A.C. Class I Waste shall include New Class I Waste and Excavated Class I Waste. M "Commencement of Construction" means the date when Developer begins the c as a construction of the Facility in a continuous manner and on a full-time basis, as determined in 2 accordance with Section 5.1(d) of the Agreement. a) c "Commencement of Operations" means the date when the Facility officially commences commercial operations, as determined in accordance with Section 5.10) of the Agreement. ai "Commercially Reasonable Efforts" shall mean the use of all measures that a reasonably prudent Person would determine to be efficient, cost-effective, and commercially available under the circumstances. L d 3 "Completion of Construction" means that the construction of the Facility is substantially a° complete. c "Complex" means the County's land and the Solid Waste management facilities located m m 0 at 6120 Glades Cut -Off Road, in the City of Ft. Pierce, Florida., including, but not limited to the Class I Landfill, the C&D Disposal Area, and the Baling Building. m 2of10 Packet Pg. 236 10.B.1.a d "Construction and Demolition Debris" and "C&D Debris" have the meaning provided in M Rule 62-701.200(24), F.A.C. Construction and Demolition Debris includes New C&D Debris J and Excavated C&D Debris. 00 M "Consumer Price Index" and "CPI'' shall mean the "Consumer Price Index —All Urban Consumers," all items, not seasonally adjusted, for the Miami -Ft. Lauderdale, Florida area, Base Period 1982-84 = 100 (Series ID CUURA320SA0), as published by the U.S. Department of Labor, Bureau of Labor Statistics, or a successor agency. a, Q "County" shall mean, depending on the context, either (a) the geographical area contained within St. Lucie County, Florida or (b) the government of St. Lucie County, acting through the Board or its designees. '_ c 0 "County Indemnified Parties" means the County, the Board of County Commissioners M and each of its members, and every agent, officer, official, servant, and employee of the County. M "County Vehicle" means a truck or other motor vehicle that delivers Solid Waste to the a) Facility and is owned or operated by (a) the County or (b) the County's Franchisee, when the Franchisee is delivering Solid Waste on behalf of the County. "Default Notice" shall have the meaning provided in Section l 0.1 of this Agreement. "Delivery Point" means the location designated by Developer where each delivery of Solid Waste shall be made by the County. Unless the Parties agree otherwise, the Delivery Point shall be the tipping floor inside the Baling Building. "Developer" shall mean Green3Power St. Lucie, LLC. "Diesel Fuel" means synthetic fuel that is produced at the Facility and complies with the criteria in Schedule 8 (Specification for No. 2 Diesel Fuel). "Director" means the Director of the County's Solid Waste management operations or the Director's designee. "Effective Date" shall mean the date when this Agreement is duly approved and executed by the Board, which shall occur after the Agreement is duly executed by Developer. "Event of Default" shall have the meaning provided in Section 10.1 of the Agreement. "Excavated C&D Debris" means C&D Debris that was placed in and subsequently removed from the C&D Disposal Area for Processing at the Facility. Excavated C&D Debris includes C&D wood, soil, cover material, and other materials excavated from the C&D Disposal Area. "Excavated Class I Waste" means Class I Waste that was placed in and subsequently removed from the Class I Landfill for Processing at the Facility. Excavated Class I Waste includes soil, cover material, and other materials excavated from the Class I Landfill. 3of10 Packet Pg. 237 10.B.1.a a) N "Excavated Waste" means Solid Waste that was delivered to the County at the Complex, M placed in the Class I Landfill or the C&D Disposal Area, and subsequently excavated and J delivered to Developer for Processing at the Facility. Excavated Waste includes Excavated Class00 I Waste, Excavated Yard Trash, and Excavated C&D Debris. "Excavated Yard Trash" means Yard Trash that was placed in and subsequently removed from the Landfills for Processing at the Facility. L "F.A.C." means the Florida Administrative Code. Q "Facility" means the buildings, structures, improvements, equipment, appurtenances, and other assets on the Site that are employed by Developer in handling, storing, sorting, recycling, U- r- and gasifying Solid Waste. 2 M 0 "FDEP" means the Florida Department of Environmental Protection or any successor N agency. "Final Design" means the Developer's final plans and specifications for the construction of the Facility. "Financial Assurance Mechanism" shall have the meaning provided in Section 15(c) of the Agreement. "Florida Prompt Payment Act" means the Florida Prompt Payment Act contained in Section 218.70 et seq., Florida Statutes. If the Florida Prompt Payment Act is repealed, in whole or in part, such repealed portions shall continue to apply to this Agreement, unless such portions violate Applicable Law. "Force Majeure" means an act, event, or condition that substantially and adversely affects the Developer's or the County's ability to perform under this Agreement, and is described in one or more of the provisions of (a) through (h), below: (a) An act of God, including a hurricane, tornado, landslide, lightning, earthquake, fire, or flood, and any explosion, act of a public enemy, war, terrorism, blockade, insurrection, riot, or civil disturbance; (b) Any order or judgment of any federal, state, or local court, administrative agency or other Governmental Authority, excepting decisions of federal courts interpreting federal tax laws and decisions of state courts interpreting state tax laws, if it is not also the result of the misconduct or negligent action or inaction of the Party relying thereon or of a Person for whom the Parry relying thereon is responsible; provided that neither the contesting in good faith of any such order or judgment nor the failure to so contest shall constitute or be construed as a measure of willful misconduct or negligent action or inaction of such Party; (c) The failure to issue, suspension, termination, interruption, denial, or failure of renewal of any Permit or approval essential to the Parties' activities under this Agreement; provided that such act or event is not the result of the misconduct or negligent action or inaction of the Party relying thereon or of a Person for whom the Party relying thereon is 4 of 10 Packet Pg. 238 10.B.1.a responsible; and provided further that neither the contesting in good faith of any such action nor d M the failure to so contest shall constitute or be construed as a measure of willful or negligent J action or inaction of such Party; W ti M (d) A Change in Law; (e) The failure of any appropriate federal, state, or local public agency or d private utility having operational jurisdiction in the area in which the Site is located, other than a, the County, to provide and maintain utilities, services, water and sewer lines, and power Q transmission lines which are required for and essential to the operation of the Facility or Complex; u_ (f) Any unforeseen condition (including the presence of Hazardous Waste) 0 which shall prevent, or require redesign or change in, the construction or operation of the Facility M on the Site, provided that the condition was actually and constructively unknown to the Party claiming a Force Majeure event, and could have not been discovered with the use of reasonable M diligence by the Party on or before the Effective Date of this Agreement; or 2 (g) The condemnation, taking, seizure, involuntary conversion, or requisition J of title to or use of the Site or any material portion or part thereof taken by the action of any Governmental Authority, other than the County; (h) Any act, event, or condition which is determined by mutual agreement of 0 c the County and Developer to be of the same general type, and subject to the same conditions, as W those set forth in subparagraphs (a) through (g), above. Q. O Notwithstanding anything else contained herein, Force Majeure shall not be deemed to include any act, event, or condition not described in subparagraphs (a) through (h) above, or any act, event, or condition over which a Party relying thereon (including any Person for whose performance such Party is responsible) reasonably has any influence or control, or any act, event, 0 or condition arising out of labor strikes, labor shortages, or similar labor difficulties, or changing ., economic conditions or economic hardships. c "Franchisee" means the Person that is authorized by the County, pursuant to a franchise agreement, to collect Garbage in the County. "Garbage" means all kitchen and table food waste, and animal or vegetative waste that is ai attendant with or results from the storage, preparation, cooking, or handling of food materials. "Governmental Authority" means any local, regional, state, federal or other governmental L 3 agency or entity that has jurisdiction over any aspect of the Facility or the Parties' activities under the Agreement. �a°� "Hazardous Waste" means any material or substance which by reason of its composition as L O or characteristics is (a) a hazardous waste as defined in the Solid Waste Disposal Act, 42 USC §6901 et seq., as amended, replaced or superseded, and the regulations implementing same, or m (b) a material regulated under the Toxic Substances Control Act, 15 USC §2601, et seq., as amended, replaced or superseded, and the regulations implementing same, or (c) special nuclear m 5of10 Packet Pg. 239 10.B.1.a a► N or products material within the meaning of the Atomic Energy Act of 1954, or (d) treated as a a) hazardous waste, toxic waste, chemical waste, toxic substance or hazardous substance under the J Florida Administrative Code, Florida Statues, or any other Applicable Law. If any ti Governmental Authority determines that a substance is hazardous or harmful to human health when Processed at the Facility, then such substance shall be deemed to be Hazardous Waste for = the purposes of this Agreement. E "Holiday" means Independence Day, Thanksgiving Day, and Christmas Day, and any a► a► Q other day mutually designated as a Holiday by both Parties. "Indemnified Loss" means all actual costs, losses, damages, expenses, and liabilities that a County Indemnified Party incurs or suffers pursuant to or in connection with any negligent or �i r- willful act or omission on the part of the Developer or any of its agents, employees, or 2 subcontractors in the execution or performance of the Developer's obligations under or incidental to this Agreement. Such costs include, but are not limited to attorneys' fees, court costs, and expert witness fees in trial, appellate, and bankruptcy proceedings. An Indemnified 0 Loss includes, but is not limited to: (a) any bodily injury, sickness, disease, or death; (b) any 2 claim arising under or for any actual or alleged violation of any Applicable Law (including workers' compensation laws, environmental laws, and health and safety laws) or any common law duty; (c) any actual or alleged infringement of any intellectual rights or property of any Person; (d) any actual or alleged Pollution or damage or destruction to property, natural resources, or the environment; (e) any lawsuit resulting from or related to the designation by the 00 Developer of any document or material as exempt from public disclosure; and (f) defending, 2 settling, prosecuting, investigating, or participating in (as a witness or otherwise) any proceeding that arises out of or pertains to any of the foregoing; in each case, without regard to or limitation Q- O by the amount or type of benefits, damages, or compensation payable by or for the Developer, any subcontractor, or any subcontractor of a subcontractor under any insurance policy or any M Applicable Law (including employee benefits, disability benefits, and workers' compensation laws). E a 0 "Insolvency Event" shall have the meaning provided in Section 10.1(b) of the Agreement. o "Interconnection Point" means the location at the boundary of the Site where the t� � County leachate pipeline shall interconnect with the Developer's leachate pipeline, pursuant to ai Section 5.2(g) of this Agreement. "Landfills" means the Class I Landfill and the C&D Disposal Area, collectively. "Lease" means a lease agreement between Developer and County for the Developer's use of the County's Site. "Load" means any Solid Waste, Recyclable Material, and other cargo that is transported to the Site in a delivery vehicle. "Manager" means the senior employee of Developer that is responsible for supervising and managing Developer's activities under the Agreement. 6of10 Packet Pg. 240 10.B.1.a "Maintenance Building" means the building that the County uses as maintenance shop for d 0 the County's equipment and vehicles. The Maintenance Building is located at the Complex, as shown on Schedule 2. W ti M "Monthly Report" means the report prepared by Developer pursuant to Section 6.16 of the Agreement. "Municipal Solid Waste" or "MSW" shall have the meaning provided in Section m a, 403.706(5), Florida Statutes. Q "New C&D Debris" means C&D Debris that is delivered to the Complex and then M delivered to the Facility, without being placed in either one of the Landfills before being U- delivered to the Facility. o "New Class I Waste" means Class I Waste that is delivered to the Complex and then M delivered to the Facility, without being placed in either one of the Landfills before being M delivered to the Facility. 2 "New Solid Waste" means Solid Waste that is delivered to the Complex and then delivered to the Facility, without being placed in either one of the Landfills before being delivered to the Facility. New Solid Waste includes New Class I Waste, New Yard Trash, and New C&D Debris. "New Yard Trash" means Yard Trash that is delivered to the Complex and then delivered to the Facility, without being placed in either one of the Landfills before being delivered to the Facility. "Objectionable Odors" means any odor present in the outdoor atmosphere which by itself or in combination with other odors, is or may be harmful or injurious to human health or welfare, which unreasonably interferes with the comfortable use and enjoyment of life or property, or which creates a nuisance. "Office Building" means the County's administrative office building at the Complex, as shown on Schedule 2. "Operations Plan" means the Developer's plan of operations at the Facility, as described in Section 5.1(h) of this Agreement. "Parties" means the County and the Developer. "Party" means the County or Developer, as the context may require. "Permit Drawings" means the design drawings and specifications that the Developer submits to the FDEP or other Governmental Authority to obtain the Permits for the Facility. "Permits" means any and all permits, licenses, approvals or other authorizations required by a Governmental Authority for the activities contemplated under the Agreement. 7of10 Packet Pg. 241 10.B.1.a a) N "Person" shall mean any and all persons, natural or artificial, including any individual. M firm, partnership, joint venture, or other association, however organized; any municipal or private corporation organized or existing under the laws of the State of Florida or any other state; ti any county or municipality; and any governmental agency of any state or the federal government. _ "Planned Outages" means periods of scheduled maintenance or other activities when Developer will reduce the rate at which the Facility is Processing Solid Waste. "Pollution" shall have the meaning provided in Section 403.031(7), F.S. "Process", "Processed", and "Processing" means to subject Solid Waste or other material to the gasification process at the Facility and thereby convert the material to gas, Ash, Diesel Fuel, and By -Products. "Processing Fee" means the fee that the County will pay to Developer for Processing the County's Solid Waste. "Prohibited Waste" means Solid Waste that shall not be Processed at the Facility because it is (a) Hazardous Waste; (b) prohibited by Permit or other Applicable Law; (c) Biomedical Waste; or (d) deemed to be an operational, health or safety hazard, as determined by Developer in consultation with the County. However, Prohibited Waste does not include Garbage, Yard Trash, Waste Tires, or the combustible components of C&D Debris. "Receiving Time at the Complex" means the period when the Complex is open and available for the receipt and delivery of Solid Waste, as set forth in Section 5.2(d) of the Agreement. "Receiving Time at the Facility" means the period when the Facility is open and available for the receipt and delivery of Solid Waste, as set forth in Section 5.3(d) of the Agreement. "Recyclable Materials" shall have the meaning provided in Rule 62-701.200(98), F.A.C. "Refuse Derived Fuel" means Solid Waste that has been sorted, shredded, and otherwise prepared to be used as fuel in the Facility. "Rejectable Materials" means Solid Waste that cannot be Processed by the Facility or recycled. Rejectable Materials include, but are not limited to bricks, concrete, glass, and soil. However, Rejectable Materials do not include Garbage, Yard Trash, Waste Tires, or the combustible components of C&D Debris. "Renewable Energy Credit" and "REC" mean all attributes of an environmental or similar nature that are created or otherwise arise from the Facility's generation of electricity or Diesel Fuel from Solid Waste in contrast with the generation of electricity or Diesel Fuel using nuclear or fossil fuels or other traditional resources, including all tax credits, cash grants in lieu of tax credits and other tax attributes and benefits. Forms of such attributes include any and all environmental air quality credits, green credits, including carbon credits, emissions reduction credits, greenhouse gas credits, certificates, tags, offsets, allowances, or similar products or 8of10 Packet Pg. 242 10.B.1.a rights, howsoever entitled, (a) resulting from the avoidance of the emission of any Pollution, gas, d M chemical, or other substance, including mercury, nitrogen oxide, sulfur dioxide, carbon dioxide, J carbon monoxide, particulate matter or similar pollutants or contaminants of air, water or soil 00 gas, chemical, or other substance, and (b) attributable to the generation, purchase, sale or use of electricity, steam, or Diesel Fuel from the Facility. Renewable Energy Credits include those currently existing or arising during the Term under local, state, regional, federal, or international legislation or regulation relevant to the avoidance of any emission under any governmental, regulatory or voluntary program. as a, Q "Schedule" means a schedule attached to the Agreement, unless the context or usage of such term clearly indicates a reference to another document. M U- "Site" means the property and improvements at the Complex that will be leased and used 0 by Developer pursuant to this Agreement and the Lease. The Site is generally depicted in Schedule 2 of the Agreement. The Site includes the Baling Building. "Site Development Plans" means the plans, drawings, and specifications for the 0 construction and operation of the Facility. The Site Development Plans includes the Permit Drawings and the Final Plans. J }; U) "Solid Waste" has the meaning provided in Section 403.703(32), Florida Statutes. Solid Waste includes, but is not limited to, New Solid Waste, Excavated Waste and Waste Tires. o "Source Separate Recyclable Materials" means Recyclable Materials that are separated c 0 M by the generator (e.g., a business or homeowner) and set out for collection and Recycling by the County or its designee. O c "Startup and CommissioningPeriod" eriod" means the time period after the Completion of M Construction during which the Facility will operate intermittently while Developer's engineers test and adjust the Facility's operating systems and equipment in order to ensure that the Facility 0. will Process at least seven thousand (7,000) Tons per week of Solid Waste (as described in d Section 4.1 of the Agreement) on a continuous basis. o "Term" means the period of time when this Agreement is in effect. J "Tipping Fee" means the fee that is charged by the County for the disposal of Solid Waste at the Complex. "Ton" means 2,000 pounds. 3 "TPD" means Tons per day. a° "Trommel" means a revolving or vibrating screen that is used to reduce the amount of M C L soil included in Excavated Waste. O is "Unplanned Outages" means periods when Developer must reduce the rate at which the m Facility is Processing Solid Waste because of an unexpected need for maintenance, repair or o other reasons. c 9 of 10 Packet Pg. 243 10.B.1.a d N "Utility Services" means the provision of potable water, electricity, natural gas, and other M similar utility services needed for the construction, commissioning, operation, or maintenance of the Facility, including but not limited to services for the discharge of any domestic wastewater CO (sewer) and industrial wastewater. "Waste Tire" has the meaning provided in Rule 62-701.200(126), F.A.C. "White Goods" shall have the meaning provided in Section 403.703(42), Florida Statutes. "Yard Trash" has the meaning provided in Section 403.703(43), Florida Statutes. Yard Trash includes New Yard Trash and Excavated Yard Trash. 10 of 10 Packet Pg. 244 10.B.1.a m SCHEDULE 2 a� J PRELIMINARY SITE DEVELOPMENT PLAN (PROPOSED FACILITIES) CO - M LIdU T.p a;-r, vn,xwi n opAm 6t' FA wills O 1 of 2 Packet Pg. 245 10.B.1.a m SCHEDULE 2 J PRELIMINARY SITE DEVELOPMENT PLAN (EXISTING FACILITIES) Co - M 7 Oi 7 Packet Pg. 246 10.B.1.a SCHEDULE 3 DIAGRAM OF FACILITY 9 W NgW 1 of 1 Packet Pg. 247 10.B.1.a SCHEDULE4 PROCESSING FEES The following Processing Fees shall be paid pursuant to Section 8 of the Agreement: • New Class I Waste $20.00/ton; • New Yard Trash $10.00/ton; • New C&D Debris $10.00/ton; • New Waste Tires $60.00/ton. Processing Fees shall be adjusted annually, based on changes to the CPI, as described in Section 8.2 of this Agreement. 1 of l Packet Pg. 248 10.B.1.a d N SCHEDULE 5 a J NECESSARY PERMITS AND APPROVALS 000 ti M Pursuant to Section 9.1(e) of the Agreement, the Developer represents that the following Permits need to be obtained by the Developer for the performance of its duties and obligations under the Agreement: (a) A Solid Waste Permit (modification) for a Waste Processing Facility (b) An Environmental Resource Permit (modification) (c) A Permit and/or Registration for Fuel and Chemical Storage Tanks (d) An Air Construction Permit (modification) (e) A Stormwater Discharge Permit (f) A Land Use Permit (modification) (g) A Permit for the Proposed Utility Systems (h) A Building Permit Pursuant to Section 9.2(e) of the Agreement, the County represents that the following Permits need to be obtained by the County for the performance of its duties and obligations under the Agreement: (a) A Solid Waste Permit (modification) (b) An Environmental Resource Permit (modification) I of I Packet Pg. 249 10.B.1.a d N SCHEDULE 6 m J SAMPLE CALCULATIONS OF CPI ADJUSTMENTS 00 M The following calculations use hypothetical values to demonstrate how the CPI adjustment should be determined pursuant to Section 8.2 of the Agreement. The first CPI adjustment will be effective on October 1, 2016. Example 1 CPI Adi stment on October 1, 2016 Current Processing Fee for New Class I Waste: $20.00 per Ton Percentage change in CPI for previous 12 month period (calculated pursuant to Section 8.2(b) of the Agreement): 1.7% Increase in Processing Fee (measured in dollars): $20.00 x 0.017 = $0.34 New Processing Fee: $20.00 + $0.34 = $20.34 Example 2• CPI Adjustment on October 1, 2017 Current Processing Fee for New Class I Waste: $20.34 Percentage change in CPI for previous 12 month period (calculated pursuant to Section 8.2(b) of the Agreement): 8.0%* Increase in Processing Fee (measured in dollars): $20.34 x 0.04 = $0.81 * New Processing Fee: $20.34 + $0.81 = $21.15 * Note: Pursuant to Section 8.2(c) of the Agreement, a single; CPI adjustment to the Rate shall not exceed four percent (4%) in any year. Accordingly, the CPI adjustment in this hypothetical example shall be limited to four percent (4%). Example 3: CPI Adjustment on October 1, 2018 Current Processing Fee for New Class I Waste: $21.15 Percentage change in CPI for previous 12 month period (calculated pursuant to Section 8.2(b) of the Agreement): - 3% (i.e., the CPI declined by 3%) 1 of 2 Packet Pg. 250 10.B.1.a m Increase in Processing Fee (measured in dollars): $21.15 x 0.01 = $0.21 ** J New Processing Fee: $21.15 + $0.21 = $21.36CO ti M ** Note: Pursuant to Section 8.2(d) of the Agreement, each CPI adjustment shall result in an increase of at least one percent (I 2 of 2 Packet Pg. 251 10.B.1.a d N SCHEDULE 7 m J BOILER FEEDWATER STANI)ARDS o ti M TABLE 3.16. ABMA RECOMMENDED BOILER WATER LIMITS AND ESTIMATES OF CARRYOVER LIMITS THAT CAN BE ACHIEVED <------------------- CONDITIONS FOR WHICH "FCO" IS VALID ------------------ > Drum Pressure, psig Range Boiler Water Solids, ppm Steam TDS Corresponding to BW TDS Maximum Total Alkalinity ppm, as CaCO3 Maximum Suspended Solids, ppm Maximum FCO, Fractional Carryover Note 2 0 - 300 700-3500 0.2-1.0 _ ... (Note 1) 15 0.0003 ........ 301 — ......... ........ ........ ........ ..... .................... ......... ...................... 450 ........ 1,000-3000 _ .. ..._._. .... ...._....... 0.2-1.0 (Note 1) 10 0.0003 ..... 451 - ........ ..... ....... ......... . ......... ...... 1,000 ...... 500-2500 _. ...... _ .. 0.2-1.0 ... (Note 1) 8 0.0004 ......... ......... 601 — ...... ............. ......... ......... ........ _ ......... ......... ......... .._. . 750 200-1000 .... 0.1-0.5 (Note 1) 3 0.0005 ......... .... 751 — ...... .... ........ 900 150-750 0 1-0.5 (Note 1).. 2 0 0006 901 - ........ _ ...._ ....... ......... ....... ................. 1000 125-625 0.1-0.5 (Note 1) 1 0.0007 .... ...... 1001- ......... .......... ........... ......... ..... I... ._....... .......... ......... ......... ......... ......... ......... 1.................. 1801- _ ................._ _.__.............__................................................................................................................................................ _.................................................................................................................................. . 2350 50 0.1 " Not Applicable" 1 0 002 ........ 2351- ......._... ...._.. ........... ...... ......... _ ............. 21, 000 25 0.05' 1 0.002 ....................................................................................................................................................... 2900 1 1 15 1 1 0.05" 1 1 1 0.003 Note 1: 20% of Actual Boiler Water Solids For TDS <100 ppm, the total alkalinity is dictated by the boiler water treatment. Note 2: Does not include vaporous silica carryover. I of 3 Packet Pg. 252 10.B.1.a TABLE 3.17. ASME Guidelines Suggested Water Quality Limits [Adapted from A.S.M.E. 1979 Consensus] Boiler Type: Industrial water tube, high duty, primary fuel fired, drum type Makeup Water Percentage: Up to 100% of feedwater Conditions: Includes superheater, turbine drives, or process restriction on steam purity Saturated Steam Purity Target (9) Drum Operating 0-2.07 2.08-3.10 3.11-4.14 4.15-5.17 4( 51- Pressure (l) 0( 300) 301-450 1,000) 601-750 Feedwater (7) Dissolved oxygen (mg/1 02) measured before oxygen scavenger addition (8) <0.04 <0.04 <0.07 <0.07 Total Iron (mg/1 Fe) <0.100 <0.050 <0.030 <0.025 Total Copper (mg/1 Cu) <0.050 <0.025 <0.020 <0.020 Total Hardness (mg/1 CaCO3) <0.300 <0.300 <0.200 <0.200 pH range @ 25°C 7.5-10.0 7.5-10.0 7.5-10.0 7.5-10.0 Chemicals for preboiler system protection Nonvolatile TOC (mg/II c)16) <1 <1 <0.5 <0.5 Oily matter (mg/1) <1 <1 <0.5 <0.5 Boiler Water Silica(mg/l S102) Total Alkalinity (mg/1 CaCO3) (2) Free hydroxide alkalinity (mg/1 CaCO3) 121 Specific Conductance (umho/cm) @ 250C without neutralization <150 <_90 <40 <30 <35013) <300 (3) <250 (3) <200 ") Not specified <3500 (s) <3000 ") 2 of 3 2500 ") <2000 15) a) N M m J ao ti M Packet Pg. 253 10.B.1.a a) N Notes for Table 3.17 m J 1. With local heat fluxes >473.2 kW/m2 (>150,000 Btu/hr/ft2), use values for the next higher pressure CO range. M 2. Minimum level of OH- alkalinity in boilers below 6.21 MPa (900 psig) must be individually specified with regard to silica solubility and other components of internal treatment. d 3. Maximum total alkalinity consistent with acceptable steam purity. If necessary, should override d conductance as blowdown control parameter. If makeup is demineralized water at 4.14 MPa (1,000 psig) to 6.89 MPa (1000 psig), boiler water alkalinity and conductance should be that in table for Q 6.90-10.34 MPa (1001-1500 psig) range. 4. Not detectable in these cases refers to free sodium or potassium hydroxide alkalinity. Some small variable amount of total alkalinity will be present and measurable with the assumed congruent or Li coordinated phosphate -pH control or volatile treatment employed at these high pressure ranges. C 0 5. Maximum values often not achievable without exceeding suggested maximum total alkalinity values, especially in boilers below 6.21 MPa (900 psig) with >20% makeup of water whose total alkalinity is >20% of TDS naturally or after pretreatment by line -soda, or sodium cycle ion exchange softening. Actual permissible conductance values to, achieve any desired steam purity O must be established for each case by careful steam purity measurements. Relationship between m conductance and steam purity is affected by too many variables to allow its reduction of a simple list J of tabulated values. 6. Nonvolatile TOC is that organic carbon not intentionally added as part of the water treatment regime. m 7. Boilers below 6.21 MPa (900 psig) with large furnaces, large steam releases space and internal 0 chelant, polymer, and/or antifoam treatment can sometimes tolerate higher levels of feedwater c impurities than those in the table and still achieve adequate deposition control and steam purity. Removal of these impurities by external pretreatment is always a more positive solution. Alternatives must be evaluated as to practicality and economics in each individual case. Q' O 8. Values in table assume existence of a deaerator. 'a 9. No values given because steam purity achievable depends upon many variables, including boiler M water total alkalinity and specific conductance as well as design of boiler, steam drum internals, and operating conditions (note 5). Since boilers in this category require a relatively high degree of E steam purity, other operating parameters must be set as low as necessary to achieve this high purity c for protection of the superheaters and turbines and/or to avoid process contamination. 3 of 3 Packet Pg. 254 10.B.1.a SCHEDULE8 SPECIFICATION FOR NO.2 DIESEL FUEL ASTM D 975, Grade No. 2-D S15 Specification Property ASTM Specifications Minimum Maximum Method Color, ASTM D 1500 1.5 Doctor Test D 4952 Negative Sulfur, ppm D 5453 15 Distillation - 90 percent recovered, °C D 86 282 338 Flash Point, °C D 93 52 Density, Kg/m3 D4052 876 _ Viscosity @ 40 °C, mmz/S (CSt) D 445 1.9 4.1 Cold Filter Plugging Point (CFPP), °C D 6371 Summer' -6 Winter -12 Cetane Index D 976 41 Corrosion, Copper Strip, Rating 3h @ 50 °C D 130 1B Carbon - Residue on 10% Distillation, % Mass D 4530 0.35 Ash, % Mass D 482 0.01 Water & Sediment, Volume Percent D 2709 0.05 Haze Point D 4176 Clear and bright @ ambient Temperature Conductivity, pS/m D 2624 50 Lubricity, High Frequency Reciprocating Rig D 6079 520 (HFRR) @ 60°C, micron Notes: 1. Summer: 1 March to 31 October (Northern Hemisphere) 2. Winter: 1 Novemberto 29 February (Northern Hemisphere) 3. If Doctor Test is positive, then mercaptan sulfur must be less than 30 ppm I of I d to M a) J 00 ti M Packet Pg. 255 GREE3P5 10.B.1.a ,4�vRo CERTIFICATE OF LIABILITY INSURANCE DATE /031201YY) 08/03/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER Riemer Insurance Group Hallandale Branch Box Hallandale, FL 33008-0250 CONTACT Robert B Mittleman PHONE FAX AIc No El : 800-742-1691 A/C, No): 954-454-9552 E-MAIL DR rmittleman@riemerinsurance.com INSURER(S) AFFORDING COVERAGE NAIC # Robert B Mittleman INSURER A: Underwriters at Lloyds INSURED Green3Power Operations, Inc. 1000 Corporate Drive, #200 Ft. lauderdale, FL 33334 INSURER B: Associated Industries Insuranc INSURER C _ -- INSURER D INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR I TYPE OF INSURANCE ADDL POLICY NUMBER POLICY EFF MM/DD/YYYY) POLICY EXP (MM/DDIYYYYI - ' LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE L!k� OCCUR X X BINDER08032015SG 08/03/2015 08/03/2016 DAMAGE TO REN PREMISES Ea occurrence $ 100,00 MED EXP (Any one person) $ 10,00 PERSONAL & ADV INJURY _ $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,00 POLICY PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE PER ACCIDENT $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION WC STATUTH- O B AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N I A �BINDER08032015 08/03/2015 08/03/2016 TORY L MIT- ER E.L. EACH ACCIDENT $ 1,000,00 ii. E.L. DISEASE - EA EMPLOYEE $ 1,000,00 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,00 A Pollution Liabilit X IBINDER08032016SG 08/03/2015 08/03/2016 SEE NOTES A Professional Liabi SEE NOTES DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate holder has been added as an Additional Insured with repsect to work performed under contract. Coverage is Primary and Noncontributory with Waiver of Subrogation. St. Lucie County, Florida 2300 Virginia Avenue Ft. Pierce, FL 34982 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Robert B Mittleman ©1988-2010 ACORD CORPORATION. All rights reserved. d to tD a) J 00 I ­ CV) ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Packet Pg. 256 NOTEPAD INSURED'SNAME Green3PowerOperations, Inc. GREE3P5 OP ID: SG I 10.B.1.a I PAGE 2 Date 08/03/2015 POLLUTION LIABILITY: GENERAL AGG. $2,000,000 PER OCCURRENCE $2,000,000 PROFESSIONAL LIABILITY GENERAL AGG $2,000,000 PER OCCURRENCE $1,000,000 GEN AGG CLAIMS $2,000,000 PER OCC CLAIMS $1,000,000 ****DEDUCTIBLES PROFESSIONAL, GENERAL AND POLLUTION LIABILITY***** $5000.000 d N m a) J 00 I- n Packet Pg. 257 10.B.1.b Gardner, Bist, Bowden, Bush, Dee, LaVia & Wright, P.A. Attorneys at Law Michael P. B€st Garvin B. Bowden' Benjamin B. Bush** David S. Dee Erin W. Duncan Charles R. Gardner John T. LaVia, III Robert Scheffel `Scher wrlght Daniel S. McIntyre St. Lucie County Attorney 2300 Virginia Avenue, 3rd Floor Administrative Annex Ft. Pierce, Florida 34982 1300 Thomaswood Drive Tallahassee, Florida 32308 www.gbwlegal.com September 13, 2016 Re: St. Lucie County's Proposed Contract with Green3Power Dear Mr. McIntyre: Telephone 850,385.0070 Facsimile 850,385,5416 Board Certyyled Real Estate Lawyer • • Also Licensed to Practice In Georgia St. Lucie County ("County') hired this law firm to assist the County with various issues affecting the County's solid waste management programs.' In our capacity as outside counsel, we have participated in the County's negotiations with Green3Power St. Lucie, LLC ("Green3Power") concerning the development and operation of a gasification facility ("Facility") that will be built on the County's property. We also helped the County prepare an "Agreement for the Development and Operation of the St. Lucie Gasification Facility" ("Agreement"), which was approved by the Board of County Commissioners (`Board") during the Board meetings on July 21 and August 4, 2015. The Agreement is based on the assumption that the County and Green3Power will enter into subsequent agreements, including: (a) A lease authorizing Green3Power to build and operate the Facility on the County's Site; (b) A contract authorizing Green3Power to operate and maintain the County's existing C&D Recycling Facility; and (c) A contract authorizing Green3Power to construct a New Maintenance Building and a New Office Building for the County. 'The capitalized words and phrases in this letter are defined in Exhibit 1, which is attached to the Contract. M 0 T- ed 6 c as E a Packet Pg. 258 10.B.1.b Daniel S. McIntyre September 13, 2016 Page 2of9 Accordingly, the County staff and Green3Power have negotiated the terms of a draft "Lease and Contract" ("Contract") that contains the agreements described in (a), (b), and (c), above. The draft Contract will be presented to the Board for its consideration during the Board meeting on September 20, 2016. This letter identifies and summarizes some of the provisions in the draft Contract that may be of interest to you and the Board.2 This letter and the Contract should be read in conjunction with the Agreement because the requirements in the Contract are intended to supplement and clarify the requirements in the Agreement. For your convenience, a copy of the Agreement is attached hereto as Attachment 1. Attachment 2 is a letter dated July 9, 2015 summarizing some of the key provisions in the Agreement. Attachment 3 is the proposed Contract. I. Overview of the Agreement The Agreement describes the general concepts that will guide the County and Green3Power as they move forward with the implementation of their plans for the development of the proposed gasification Facility. These general concepts are summarized in Section 1.1 of the Agreement, which is quoted below: 1.1. General Scope of Services This Section 1.1 describes the general scope of the Parties' duties under this Agreement. The general requirements in this Section 1.1 are supplemented by the specific requirements in other sections of this Agreement. Subject to the conditions contained herein: 'We have relied upon the expertise of the County's staff and consultants when preparing the Agreement, the Contract, and this letter. The County's staff and consultants evaluated Green3Power's capabilities and proposed technology when the County reviewed the proposals that were submitted in response to the County's Request for Qualifications (RFQ No. 14-057). It is our understanding that the County's staff and consultants also have evaluated the County's proposed business arrangements with Green3Power, including but not limited to the risks and rewards associated with Green3Power's proposal, whether Green3Power performs in compliance with the County's requirements or defaults. These evaluations presumably considered the potential impacts on the County's solid waste operations, the County's finances, and the environment. Although this letter identifies some technical, financial, and policy issues for the Board's consideration, these issues are outside the scope of our legal analysis and, therefore, we express no opinions about them. Packet Pg. 259 10.B.1.b Daniel S. McIntyre September 13, 2016 Page 3 of 9 (a) the County will lease a parcel of land (i.e., the "Site") at the Complex [i.e., the County's solid waste management facilities on Glades Cut -Off Road] to the Developer [Green3Power]; (b) the Developer will design, permit, finance, construct, own, operate, and maintain a gasification facility ("Facility") on the County's Site; (c) the Developer will build a new Maintenance Building and new Office Building for the County at the Complex, demolish the County's existing Maintenance Building and Office Building, and then begin construction of the Facility; (d) when the Facility is built, the County will deliver certain types and quantities of Solid Waste to the Facility, which the Developer will Process in the Facility; (e) the Developer will use the Facility to gasify waste material for the County and then the Developer will use the synthesis gas to generate electricity and produce Diesel Fuel; (f) the County will pay Processing Fees to Developer for Processing c the County's Solid Waste; U (g) Developer will pay all costs and receive all revenues associated with the Processing of Solid Waste, the production of electricity and Diesel Fuel, and the Developer's other activities at the Facility; (h) Developer will operate and maintain the County's existing C&D Lo Recycling Facility; c� (i) Developer will provide all labor, services, supervision, materials, and equipment necessary to fulfill Developer's obligations under this Agreement; o v (j) DeveIoper will comply at all times with the requirements in this w Agreement and Applicable Law; c (k) Developer will perform all of its work and fulfill all of its obligations under this Agreement at Developer's sole expense, in exchange for the c Processing Fees and other payments that are expressly authorized herein; and c L (1) Upon the expiration or termination of this Agreement, the 2 Developer will close the Facility and remove its equipment and personal property from the Site. ., The Agreement imposes various obligations on the County, but it primarily requires theca o County to: (1) provide land where the Facility can be built; (2) deliver certain types and quantities of Solid Waste to the Facility; and (3) pay Processing Fees to Green3Power. The a Packet Pg. 260 10.B.1.b Daniel S. McIntyre September 13, 2016 Page 4 of 9 Agreement also imposes various obligations on Green3Power, but it primarily requires Green3Power to design, permit, finance, construct, maintain, own, and operate the Facility.3 Green3Power's preliminary Site Development Plano shows that the proposed Facility will be built in an area where it will encroach upon the County's existing Office Building and Maintenance Building. Accordingly, Green3Power proposes to build a new office building and a new maintenance building for the County and then demolish the County's existing buildings. In addition, Green3Power wishes to operate the County's existing C&D Recycling Facility (i.e., the facility where the County receives, sorts, and separates construction and demolition debris). II. Overview of the Contract Some of the major concepts in the Contract with Green3Power are summarized in the following sections of this letter. The footnotes in this letter identify the sections of the Contract where these concepts are discussed. However, you and the members of the Board should carefully review the entire Contract to ensure that you have a complete understanding of the terms and conditions in the Contract. A. The Term of the Contract The term (duration) of the Contract is essentially the same as the term of the Agreement. N The initial term of the Contract will begin on the Date of Execution (i.e., the date when the Contract is signed by both Parties).5 The Contract will remain in effect for twenty (20) years J after the Commencement of Operations at the Facility, unless the Contract is terminated earlier. o The Contract will be renewed automatically and extended for an additional ten (10) years, unless one of the Parties objects to the extension. Consequently, the Contract is expected to govern the Parties' relationship for at least twenty (20) years and perhaps thirty (30) years or more. M However, the Contract will terminate automatically if the Agreement expires or terminates. o v B. The Site W The Agreement states that the County will allow Green3Power to lease and use some of the County's property for the construction and operation of Green3Power's Facility.6 The Site includes the County's Baling Building (i.e., the building where the County currently receives and compacts solid waste into bales before the solid waste is taken to the County's landfill for disposal). The Site also includes the County's existing maintenance building and an office building. 'See Section 1.1 of the Agreement. a Cd Schedule 2 (Proposed Facilities), which is attached to the Agreement. 6 s Section 2.5 of the Contract. 6 Section 1.1(a) of the Agreement; see Schedule 2 (Proposed Facilities), which is attached to the Agreement. 7 ParentheticaIly, the County will end its baling operations when Green3Power takes possession a of the Baling Building. The County will place unbaled waste in its landfills when the Facility is Packet Pg. 261 10.B.1.b Daniel S. McIntyre September 13, 2016 Page 5 of 9 When the County issued its Request for Qualifications (RFQ No. 14-057), the County planned to provide approximately four (4) acres to be used as the Site for the Facility. However, Green3Power's preliminary Site Development Plan8 indicates that the Site will be approximately eight (8) acres. The preliminary Site Development Plan is attached to the Agreement and thus it was approved by the Board as part of the Agreement. After the Agreement was signed by the Parties, Green3Power worked with the County staff to improve and refine its plans for the development of the Site. The revised Site Development Plan is attached to the Contract and it indicates the Site will be approximately twenty-six (26) acres.9 The preliminary Site Development Plan in the Agreement showed the proposed layout of the buildings and other Improvements that will be constructed on the Site, as contemplated in 2015. The proposed Iayout has been revised; the current layout is shown in the Site Development Plan that is attached to the Contract.10 The Site Development Plan in the Contract supersedes and, in effect, replaces the preliminary Site Development Plan in the Agreement." C. General Plan of Development and Operation Section 2.3 of the Contract summarizes the Parties' general plan for the development and use of the Site. Upon the Commencement of Construction of the Facility, Green3Power will commence construction of the New Maintenance Building and the New Office Building. When Grecn3Power completes the construction of these two new buildings, the County shall inspect them and confirm that these new buildings have been built in compliance with the requirements in the Contract, before the County moves into the new buildings. If the new buildings are satisfactory, Green3Power may demolish the County's Existing Maintenance Building and Existing Office Building. 12 Parenthetically, the existing buildings are being demolished solely because they are located in an area that Green3Power wants to use for the Facility. In the Agreement, the County c agreed that Green3Power could demolish these buildings if Green3Power replaced them with v new buildings that are equivalent to or better than the existing buildings. AIthough the County w did not issue the RFQ to obtain new buildings, one of the benefits of the Agreement is the construction of new maintenance building and a new office building for the County. being built and when the Facility is not Processing all of the County's waste (e.g., during planned and unplanned outages). m s See Schedule 2 (Proposed Facilities), which is attached to the Agreement. c 9 See Exhibits 3, 4, and 7, which are attached to the Contract. c '0 See Exhibits 3, 4, and 7, which are attached to the Contract. E " Section 2.3(b) of the Contract. 12 The locations of the existing and proposed buildings are shown in Exhibits 3 and 4, which are a attached to the Contract. Packet Pg. 262 10.B.1.b Daniel S. McIntyre September 13, 2016 Page 6 of 9 D. Lease, License and Easements for Developer The Agreement states that the County will lease its Site to Green3Power, subject to terms and conditions that will be negotiated in the future. The Contract contains the terms and conditions for the lease.13 The Contract also grants a Iicense to Green3Power, which gives Green3Power the right to enter other parts of the County's property to construct certain Improvements (e.g., the County's New Maintenance Building), transport Solid Waste to and from the Site, and conduct related activities.14 In addition, the Contract gives Green3Power easements across the County's property. Among other things, the easements will provide access to the Site, allow for the drainage of storm water, and help ensure that Green3Power can obtain Utility Services." The lease, licenses, and easements granted to Grecn3Power will terminate when the Contract expires or terminates. E. Rent for the Lease of the Site Green3Power must pay rent for the lease, license, and other rights granted under the Contract, but the rent will only be One Dollar ($1.00) per year. 6 The County has minimized the amount of its rent because the County wants Green3Power to minimize the amount that Green3Power charges for Processing the County's Solid Waste. The amount of each Processing Fee was set in the Agreement, 17 based on the Parties' understanding that the amount of the County's rent would be negligible. If the County now attempts to charge more rent (e.g., based on the fair market value of the lease), Green3Power could reasonably request the County to approve a corresponding increase in Green3Power's Processing Fees, and Green3Power could terminate the A reement if the County refuses to approve the requested increase in the Processing Fees.l Although the fair market value of the County's lease is greater than the rent that will be charged to Green3Power, the County believes it will enjoy savings in waste disposal costs that will be greater than the amount the County would earn if the County charged rent based on the fair market value of the lease. F. Construction of Facility Pursuant to Section 3.4 of the Contract, the Developer must construct the Facility in compliance with the Site Development Plan, subject to the requirements in the Contract, the Agreement, and Applicable Laws, The County will have the right to review Green3Power's plans and specifications, and the County may offer comments to Green3Power, but the County will not have the right to reject or modify Green3Power's plans or specifications unless they are not consistent with the Site Development Plan or Applicable Law. `3 See, e.g., Sections 2.4(a) and (d) of the Contract. 14 Section 2.4(b) of the Contract. 15 Section 2.4(c) of the Contract. Section 2.6 of the Contract. " Section 8.1(c) of the Agreement. 'a Green3Power has the right to terminate the Agreement, at its convenience, at any time prior to the Commencement of Construction. See Sections 3.1(a) and 10.5 of the Agreement. Packet Pg. 263 10.B.1.b Daniel S. McIntyre September 13, 2016 Page 7 of 9 Pursuant to Section 3.5 of the Contract, the Developer will construct a New Parking Lot, which will be used by the employees of the County and the employees of the Developer. The Developer also will construct a new area where Waste Tires will be received for Processing, and a new area where Yard Trash will be received for Processing. G. Insurance Section 3.6(o) of the Contract requires the Developer to obtain and maintain certain types and levels of insurance for the Developer's Construction Projects.19 For example, the Developer must provide Commercial General Liability insurance in the amount of One Million Dollars ($1,000,000) each occurrence/Two Million Dollars ($2,000,000) general per project aggregate. The amount of the insurance for each Construction Project will be increased on a sliding scale, as the value of the Construction Projects increase. Depending on the value of the Construction Project, the amount of the Commercial General Liability insurance may range up to Twenty -Five Million Dollars ($25,000,000). The contractor responsible for the construction of the Facility must carry Pollution Liability coverage in the amount of Ten Million ($10,000,000) per incident, with a general aggregate limit no less than Fifteen Million Dollars ($15,000,000). Any professional consultants (e.g., architects and engineers) retained by the Developer for the Construction Projects must have professional liability insurance in the amount of One Million Dollars ($1,000,000). The Developer also must maintain Builder's Risk insurance for each Construction Project in an amount sufficient to cover the full replacement cost of the Construction Project. In addition, the Developer must purchase and maintain "all risk" property insurance covering Ioss or damage, in an amount equal to the full replacement cost of all of the structures, fixtures, facilities, and improvements on the Site. H. Operation of C&D Recycling Facility The Agreement gives the Developer the right to operate the County's existing C&D Recycling Facility after the Commencement of Operations of the Facility. If the Developer elects to operate the C&D Recycling Facility, the Contract provides that the Developer will accept the C&D Recycling Facility "as is." Thereafter, the Developer must operate and maintain the C&D Recycling Facility in compliance with the manufacturer's instruction manual. The Developer must pay all costs and expenses associated with the operation, maintenance, and repair of the C&D Recycling Facility. If the Developer elects to operate the C&D Recycling Facility, the Developer must ensure that all of the C&D debris received at the C&D Recycling Facility is sorted and separated, and then removed from the area, within five (5) days. Any non -recyclable materials may be delivered to the County's landfill for disposal, without charge, if the C&D debris was delivered to the Developer by the County or in a County Vehicle. E9 These insurance requirements have been reviewed by the County's Risk Manager and the County's consultant concerning risk management issues. Packet Pg. 264 10.B.1.b Daniel S. McIntyre September 13, 2016 Page S of 9 I. Maintenance and Repair of Site After the Developer takes possession of the Site, the Developer shall keep and maintain the Site in a good state of repair and condition.20 If the Developer fails to maintain, clean, repair, replace, or rebuild the Improvements on the Site in a timely manner, the County may undertake such actions and then require payment from the Developer.21 J. Enviromnental Issues The County makes no representations to Green3Power, and the County provides no warranties to Green3Power, as to whether any Pollution or Hazardous Waste exists on, in, or beneath the Site.22 Green3Power will have no liability to the County for any Pollution, Hazardous Waste, or other contamination on, in, or beneath the Site if such contamination is (1) present on the date when the Developer takes possession of the Site or (2) caused by a release of Pollution or Hazardous Waste on the Site as a result of the County's acts or omissions.23 However, Green3Power will be responsible for contamination to the extent that the contamination is caused by or results from the acts or omissions of Green3Power, its employees, contractors, or other agents. K. Hire Locally The Agreement and the Contract require Green3Power to hire locally. Green3Power and its contractors must use their best efforts to hire qualified businesses and residents of St. Lucie County to work on the Construction Projects.24 III. Conclusion M The Agreement and the Contract provide a framework for the County and Green3Power o to move forward with their efforts to develop a Facility that can be used to gasify and dispose of v the County's Solid Waste. Although the Agreement and Contract identify and address some of w the f6reseeable risks and potential liabilities that may arise in the future, it is impossible to anticipate all of the events and circumstances that may affect the Parties' proposed activities. The Board should recognize that it is not possible to protect the County from all problems and liabilities that may arise as a result of its relationship with Green3Power, c Given the uncertainties and hurdles facing the Parties, the Agreement allows L Green3Power to easily terminate its relationship with the County at any time before the 2 Commencement of Construction. For example, Green3Power may terminate the Agreement if Green3Power encounters difficulties when obtaining the necessary environmental permits for its 00 6 T 20 Section 4.2(a) of the Contract. Section 4.2(f) of the Contract. E zz Section 16.1 of the Contract. 2� Section 16.2 of the Contract. a 24 Section 3.6(g) of the Contract; Section 5.6 of the Agreement. Packet Pg. 265 10.B.1.b Daniel S. McIntyre September 13, 2016 Page 9 of 9 proposed Facility, or when obtaining construction financing, or when obtaining other approvals before the Commencement of Construction. After the Commencement of Construction occurs, the County and Green3Power will be joined in a Iong-term relationship. Please contact me at (850) 385-0070 or ddee Lwgbwlegal.com if you have any questions. incere 'l _ s David S. Dee cc: Ron Roberts a Packet Pg. 266 Lease and Contract between St. Lucie County and Green3Power St. Lucie, LLC 10.B.1.c DRAFT 9/13/16 Q Packet Pg. 267 10.B.1.c TABLE OF CONTENTS 1. BACKGROUND RECITALS............................................................................................. 7 2. GENERAL SCOPE OF THIS CONTRACT.................................................................... S 2.1 ADOPTION OF BACKGROUND RECITALS.............................................................. 8 2.2 DEFINITIONS.................................................................................................................8 2.3 GENERAL PLAN OF DEVELOPMENT AND OPERATION ...................................... 9 2.4 LEASE, LICENSE, AND EASEMENT FOR DEVELOPER ....................................... 12 2.5 TERM OF CONTRACT................................................................................................ 13 2.6 CONSIDERATION AND RENT.................................................................................. 13 2.7 DEVELOPER'S RELATIONSHIP WITH THE COUNTY .......................................... 14 3. CONSTRUCTION PROJECTS AND REQUIREMENTS...........................................14 3.1 CONSTRUCTION OF NEW OFFICE BUILDING ................................... I.................. 15 3.2 CONSTRUCTION OF NEW MAINTENANCE BUILDING ...................................... 15 3.3 RELOCATION OF COUNTY' S FUEL TANK... . ........................................................ 16 3.4 CONSTRUCTION OF FACILITY................................................................................ 16 3.5 CONSTRUCTION OF OTHER IMPROVEMENTS.................................................... 17 3.6 CONSTRUCTION OBLIGATIONS............................................................................. 18 (a) Developer's Funding and Bonds.............................................................................. 18 (b) County Approval of Developer's Contractors . ................ ............................. I.......... 19 (c) County Approval of Subcontractors and Subcontracts ............................................ 19 (d) No Approval Required for Trade Secrets................................................................ 19 (e) No Liability for County's Review............................................................................ 20 (f) Warranties by Developer and Contractors............................................................... 20 (g) Preference for Hiring Locally.................................................................................. 20 (h) Equal Opportunity Employment.............................................................................. 21 0) No Conflicts of Interest............................................................................................ 21 (k) Potential Conflicts of Interest.................................................................................. 21 (1) County's Right to Assume Developer's Contracts .................................................. 22 (m) No Asbestos............................................................................................................. 22 (n) Use of Recycled Materials....................................................................................... 23 (o) Insurance for Construction Projects......................................................................... 23 (p) Indemnification for Construction Projects............................................................... 27 (q) Cooperation during Construction............................................................................. 27 (r) Communications between Project Managers........................................................... 28 (s) County's Punchlist and Acceptance of Projects....................................................... 28 (t) Developer's Responsibilities for Security Measures ............................................... 30 4. OPERATING REQUIREMENTS................................................................................... 30 0 T 4.1 OPERATION OF C&D RECYCLING FACILITY....................................................... 30 c 4.2 MAINTENANCE AND REPAIR OF SITE AND IMPROVEMENTS ........................ 33 E 2 M a Packet Pg. 268 10.B.1.c 4.3 SIGNS AND LIGHTING ON SITE.............................................................................. 34 4.4 SAFETY PLAN FOR OPERATIONS........................................................................... 35 4.5 DEVELOPER'S EMPLOYEES.................................................................................... 36 4.6 DRUG -FREE WORKPLACE....................................................................................... 36 4.7 ACCESS TO THE COMPLEX AND SITE.................................................................. 36 4.8 RESTRICTIONS ON USE OF COMPLEX AND SITE ............................................... 37 4.9 NEW PARKING LOT AND NEW WASTE RECEIVING AREAS ............................ 37 4.10 INSURANCE FOR STRUCTURES, IMPROVEMENTS, AND ACTIVITIES........... 38 5. POSSESSION OF THE SITE AND IMPROVEMENTS .............................................. 40 6. DEVELOPER'S FINANCIAL OBLIGATIONS..............•.•...•.•..................................... 41 7. WARRANTIES AND REPRESENTATIONS................................................................ 42 8. LIENS AND SEVERANCE.............................................................................................. 44 8.1 LIENS PROHIBITED ON SITE.................................................................................... 44 8.2 NOTICE REGARDING LIENS.................................................................................... 44 8.3 MEMORANDUM OF CONTRACT FOR PUBLIC RECORDS ................................. 45 8.4 SEVERANCE OF IMPROVEMENTS......................................................................... 45 9. CONDEMNATION OF THE SITE................................................................................. 46 10. DEFAULT AND REMEDIES.......................................................................................... 47 J 10.1 TERMINATION UPON DEFAULT.•........................................................................... 47 a� 10.2 NOTICE AND RIGHT TO CURE................................................................................ 47 10.3 REMEDIES UPON DEFAULT ....................... vj 10.4 REMEDIES ARE CUMULATIVE............................................................................... 48 10.5 COUNTY' S RIGHT TO PAY OR PERFORM............................................................. 49 c 10.6 TERMINATION OF AGREEMENT. a 10.7 REPOSSESSION OF SITE........................................................................................... 50 L 11. FORCE MAJEURE........................................................................................................... 51 11.1 EFFECT OF FORCE MAJEURE.................................................................................. 51 3 11.2 NOTIFICATION OBLIGATIONS. 11.3 DUTY TO MITIGATE. ._ 53 0 12. DISPUTE RESOLUTION................................................................................................ V 53 12.1 MEDIATION c 12.2 MEETING WITH COUNTY ADMINISTRATOR AND BOARD .............................. 54 12.3 LITIGATION.................................................................................................................54 J 12.4 DISPUTES RELATING TO TERMINATION FOR CAUSE ...................................... 55 12.5 WAIVER OF JURY TRIAL.......................................................................................... 55 12.6 JURISDICTION AND VENUE.................................................................................... 0 55 12.7 GOVERNING LAW.................................................................... c .................... 3 Q Packet Pg. 269 10.B.1.c 12.8 OPERATIONS DURING DISPUTE............................................................................. 56 13. DAMAGES AND INDEMNIFICATION........................................................................ 56 13.1 LIABILITY.....................................................................................................--.....56 13.2 DEVELOPER'S INDEMNIFICATION........................................................................ 56 13.3 CONTRIBUTION.......................................------.............................................................57 13.4 FINES AND PENALTIES............................................................................................. 58 13.5 NO PERSONAL LIABILITY........................................................................................ 58 14. NOTICES AND OTHER COMMUNICATIONS BETWEEN PARTIES ................... 58 15. SUBLEASES, SUBCONTRACTS, AND ASSIGNMENT OF LEASE ........................ 59 16. ENVIRONMENTAL ISSUES.......................................................................................... 61 L 16.1 NO WARRANTY FROM COUNTY REGARDING ENVIRONMENTAL 0 CONDITIONS ON SITE...................................................................................... 61 v 16.2 NO LIABILITY FOR DEVELOPER FOR PRE-EXISTING CONTAMINATION ..... 61 ............................................ 16.3 RELEASE OF POLLUTION ON SITE ........................... .. 61 y 16.4 NOTICE OF RELEASES. c° 16.5 CONTINGENCY PLAN FOR RELEASES.................................................................. 62 16.6 INSPECTION OF ENVIRONMENTAL RECORDS ................................................... to 63 co 16.7 COUNTY'S REMOVAL OF HAZARDOUS WASTE ................................................ 64 16.8 SURVIVAL OF OBLIGATIONS.................................................................................. 64 � J 17. PUBLIC RECORDS LAW ...................... 17.1 PUBLIC'S RIGHT TO INSPECT PUBLIC RECORDS. ' 17.2 CONFIDENTIAL DOCUMENTS................................................................................. 66 in 18. MISCELLANEOUS PROVISIONS L 18.1 BINDING EFFECT. a 18.2 SEVERABILITY....................................... 18.3 WAIVER OF REQUIREMENTS.....................................................................I............ L 67 c� 18.4 INDEPENDENT CONTRACTOR..........................................•----.------.--....................... 67 18.5 NO THIRD PARTY BENEFICIARIES. 3 18.6 COUNTY ORDINANCES............................................................................................ 68 .................. ................... 18.7 GENERAL RULES OF CONSTRUCTION. ........................... 68 0 18.8 COUNTERPARTS........................................................................................................69 18.9 AMENDMENTS TO AGREEMENT........................................................................... 69 0 18.10 ENTIRE AGREEMENT................................................................................................ 69 y 18.11 NO CONSTRUCTION OF CONTRACT AGAINST THE DRAFTER ....................... 70 18.12 SURVIVAL OF OBLIGATIONS AFTER TERMINATION............... ......................... 70 18.13 PERMITS AND LICENSES.......................................................................................... 70 18.14 EQUAL OPPORTUNITY EMPLOYMENT ...................... m • 18.15 COMPLIANCE WITH LABOR LAWS ............................................... 18.16 LEGAL STATUS OF THE PARTIES' EMPLOYEES ................................................. 71 E 4 Q Packet Pg. 270 10.B.1.c 18.17 NOTICE FOR RADON................................................................................................. 72 18.18 SOVEREIGN IMMUNITY. ............................... ........................................................... 72 18.19 TIME IS OF THE ESSENCE........................................................................................ 72 18.20 EXHIBITS...................................................................................................................... 72 18.21 FURTHER ASSURANCES.......................................................................................... 73 00 0 T d E t 5 m Q Packet Pg. 271 10.B.1.c EXHIBITS Exhibit 1 — Definitions Exhibit 2 — Aerial Photograph of the Complex Exhibit 3 — Aerial Photograph of the Site Exhibit 4 — Site Development Plan Exhibit S — Conceptual Layout of New Office Building Exhibit 6 — Conceptual Layout of New Maintenance Building Exhibit 7 — Legal Description of Site Exhibit 8 Memorandum of Contract Exhibit 9 — Design Drawings for offices in Baling Building Exhibit 10 — Specifications for offices in Baling Building 6 00 0 T d E t ii M Q Packet Pg. 272 10.B.1.c LEASE AND CONTRACT This "Lease and Contract" (hereinafter the "Contract") is made and entered into by and between St. Lucie County, a political subdivision of the State of Florida ("County"), and Green3Power St. Lucie, LLC, a Florida limited liability company ("Developer"), on this day of 72016. 1. BACKGROUND RECITALS Pursuant to Section 403.706(1), Florida Statutes, the County is responsible for providing facilities for the disposal of Municipal Solid Waste ("MSW") generated in the County. The County currently receives and disposes MSW at a central facility and complex ("Complex") located at 6120 Glades Cut -Off Road in Fort Pierce, Florida. In 2014, the County issued a Request for Qualifications ("RFQ") from firms that are qualified to Process the County's MSW using innovative conversion technologies. After evaluating all of the proposals that were submitted in response to the County's RFQ (RFQ No. 14-057), the County concluded that the Developer had submitted the best proposal. Accordingly, the County and the Developer negotiated the terms of an agreement concerning the provision of the Developer's services to the County. On or about August 4, 2015, the County and Developer entered into a certain "Agreement for the Development and Operation of the St. Lucie Gasification Facility" ("Agreement"). The Agreement generally describes how the Developer will manage the program for the development of a gasification facility ("Facility") at the Complex. The program includes the design, construction, and operation of the Facility and certain support facilities on a Site that will be 00 0 leased to the Developer, as well as the design and construction of certain ancillary Improvements as E 7 M Q Packet Pg. 273 10.B.1.c on and adjacent to the Site. The Agreement is based on the assumption that the County and Developer will enter into subsequent agreements, including: (a) a lease authorizing the Developer to build and operate the Developer's Facility on the County's Site; (b) a contract authorizing the Developer to operate and maintain the County's existing C&D Recycling Facility; and (c) a contract authorizing the Developer to construct a New Maintenance Building and a New Office Building for the County. This Contract contains the agreements, and authorizes the activities, described hi (a), (b), and (c), above. This Contract should be read in conjunction with the Agreement because the requirements herein are intended to supplement and clarify the general requirements in the Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Contract and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and Developer agree that they are bound by and will comply with the following provisions of this Contract: 2. GENERAL SCOPE OF THIS CONTRACT 2.1 ADOPTION OF BACKGROUND RECITALS. The Background Recitals (Section 1, above) are true, correct, and incorporated by reference as if fully set forth herein. 2.2 DEFINITIONS. The capitalized words and phrases in this Contract are defined in Exhibit 1, which is M 0 T attached hereto. The definitions contained in Exhibit 1 shall be used when interpreting this 8 Q Packet Pg. 274 10.B.1.c Contract. If a definition contained in Exhibit 1 conflicts with a similar definition in a federal, state, or local law, or a definition in the Agreement, the definition contained in Exhibit I shall prevail when construing this Contract. 2.3 GENERAL PLAN OF DEVELOPMENT AND OPERATION. (a) This Section 2.3 summarizes the Parties' general plan for the development and use of the Site and the Complex. Section 2.3 also summarizes the Developer's management of the program for the design, construction, and operation of the Facility and certain support facilities, as well as the design and construction of certain ancillary Improvements. More detailed requirements are provided in subsequent sections of this Contract. (b) Exhibit 2 is an aerial photograph that identifies the existing features of the County's Complex. Exhibit 3 is an aerial photograph that shows the existing structures on, and the approximate Iocation of, the Site that will be used by the Developer. Exhibit 4 is the Developer's Site Development Plan, which shows the approximate locations of the proposed buildings and other Improvements that will be constructed by Developer on and adjacent to the Site. The Site Development Plan in Exhibit 4 is different than the preliminary Site Development Plan in the Agreement (Schedule 2: Proposed Facilities). To the extent that the Site Development Plan in this Contract conflicts with the preliminary Site Development Plan in the Agreement, the Site Development Plan depicted in Exhibit 4 and described in this Contract shall prevail when determining the Parties' responsibilities and intent under the Agreement and this Contract. (c) Upon the Commencement of Construction of the Facility, the Developer shall od 0 commence construction of the New Maintenance Building and the New Office Building. The as E 9 M Q Packet Pg. 275 10.B.1.c New Office Building will be located on the Site and the New Maintenance Building will be located on the Complex, as generally depicted on Exhibit 4. (d) Upon commencing construction of the New Office Building and the New Maintenance Building, Developer may occupy the vacant offices that are located in the front of the Existing Office Building. If the Developer elects to occupy these offices, Developer also shall be granted access to the common areas and restrooms in the Existing Office Building, as well as the parking areas that are adjacent to the Existing Office Building. The Director shall specify the offices and parking spaces that may be used by the Developer. (c) When the Developer completes the construction of the New Maintenance Building and the New Office Building, the County shall have the right to inspect those buildings and confirm that they have been built in compliance with the requirements herein. After the County reviews and accepts possession of the New Maintenance Building or New Office Building in the manner provided in Section 3.6(s), below, the County shall move its equipment, personal property, and operations from its existing building into the new building. After the County notifies Developer that the County has completed its move into either the New Maintenance Building or New Office Building, Developer may demolish and remove the building that has been vacated. After the County notifies Developer that the County has completed its move into the New Maintenance Building and the New Office Building, Developer may demolish and remove both of the vacated buildings (i.e., the Existing Maintenance Building and the Existing Office Building). (f) Developer shall complete the construction of the Facility and then Developer shall 00 0 complete the Startup and Commissioning Period, within the timetables established in Section as E 10 M Q Packet Pg. 276 10.B.1.c 5.1(i) of the Agreement. Upon the successful completion of the Startup and Commissioning Period, Developer may take over the operation and maintenance of the County's C&D Recycling Facility. (g) After the New Office Building is built by the Developer and accepted by the County, the County: (1) shall have the exclusive right to occupy and use the offices located on the first floor of the New Office Building; (2) shall be granted access to and use of all of the common areas and restrooms for the New Office Building; and (3) may use the conference rooms and auditorium located in the New Office Building, except when the Developer reasonably needs to use the conference rooms and auditorium for Developer's purposes. Developer will have the exclusive right to occupy and use the remainder of the New Office Building, until the Contract expires or terminates. The conceptual layout of the New Office Building, including the County's offices, is depicted in Exhibit 5. (h) As shown on Exhibit 6, the New Maintenance Building will include a maintenance facility for the County and a spare parts facility for the County. When the County notifies Developer that the County accepts the New Maintenance Building pursuant to Section 3.6(s), the Developer shall vacate the building and surrender possession to the County. Thereafter, the County shall have the exclusive right to occupy and use the New Maintenance Building. (i) Developer agrees to use the Site and Complex only for the purposes and activities expressly authorized in the Agreement and this Contract. Developer shall not use the Site or Complex for any other purposes or activities, unless the Developer receives the Director's prior 00 0 written approval. The County acknowledges that, in addition to the other uses authorized herein, as E 11 M Q Packet Pg. 277 10.B.1.c Developer may use its offices in the New Office Building as the Developer's corporate headquarters and, therefore, Developer may use its offices to conduct business involving clients and Persons other than the County. 0) All of the Parties' activities on the Site and Complex are subject to and shall be conducted in compliance with the requirements in Applicable Laws, the Permits, the Agreement, and this Contract. 2.4 LEASE LICENSE AND EASEMENT FOR DEVELOPER. (a) The County hereby leases to Developer, and Developer hereby leases from the County, the real property, structures and other improvements located on the Site, which is generally depicted in Exhibit 3 and more particularly described in Exhibit 7. (b) The County hereby grants Developer a License to access the areas of the Complex that are not part of the Site, but only for the purpose of conducting the activities expressly authorized in the Agreement and this Contract, including the transportation of Solid Waste to and from the different areas on the Complex. The County also hereby grants Developer a License to access and develop those portions of the Complex that are designated pursuant to Section 5(b), below, for the Developer's use during the construction of the New Maintenance Building and other Improvements. (c) The County hereby grants Developer all easements that the County may grant and are necessary to: (1) enable the Developer to have ingress and egress to and from the Site and to the dedicated right-of-way for Glades Cut-off Road; and (2) provide for the drainage of stonnwater from the Site. Upon request, the County will grant Developer other easements on or across the 00 0 Complex if such easements are reasonably needed for electrical transmission lines, water lines, and as E 12 M Q Packet Pg. 278 10.B.1.c other Utility Services for the hnprovements. The form, conditions, and locations of such easements shall be subject to the mutual consent of both Parties. (d) The lease, licenses, and easements granted to Developer pursuant to this Section 2.4 are subject to the conditions and limitations in this Contract and they shall tenninate when this Contract expires or terminates. (e) Notwithstanding anything else contained herein, the County reserves its right of unrestricted ingress and egress across the Site on all existing and future roads, except to the extent that one or more of the existing roads are eliminated by the construction of the buildings and other Improvements depicted on Exhibit 4. 2.5 TERM OF CONTRACT. (a) The Initial Term of this Contract shall begin on the Date of Execution and shall expire on the twentieth (201h) anniversary of the Commencement of Operations, unless this Contract is terminated sooner as provided herein. The term of this Contract shall be renewed automatically and extended for an additional ten (10) years (the "Renewal Term"), unless one Party delivers written notice to the other Party on or before the eighteenth (18 h) anniversary of the Commencement of Operations that it does not wish to renew this Contract. During the Renewal Term, the Parties shall be subject to the obligations, conditions, and limitations contained herein, unless the Parties agree otherwise. (b) This Contract shall terminate automatically, without further action by either Party, upon the expiration or termination of the Agreement. 2.6 CONSIDERATION AND RENT. m (a) The consideration provided for the Parties' agreements and obligations in this as E 13 M Q Packet Pg. 279 10.B.1.c Contract are set forth in this Contract and the Agreement. Developer also shall pay rent for the lease, licenses, and other rights granted hereunder. Rent shall be One Dollar ($1.00) per year, which shall be paid each year on or before October I", without demand, beginning on the first October after Developer takes possession of the entire Site. (b) The Parties acknowledge and agree: (1) the County is minimizing the amount that the County charges for rent because the County wants the Developer to minimize the amounts that the Developer charges for its Processing Fees; (2) if the County increases its rent to generate more revenue, the Developer will increase its Processing Fees in an amount sufficient to negate the financial impacts associated with the County's decision to increase its rent; (3) the Developer's Processing Fees are lower than the County's Tipping Fees and, therefore, the County will reduce its costs for waste disposal services if the County uses the Developer's services, rather than providing those services itself; and (4) the savings in waste disposal costs and the other economic benefits provided to the County under the Agreement and this Contract are far greater than the money that would be derived by the County if the County charged rent in an amount equal to the fair market value of the lease for the Site. 2.7 DEVELOPER'S RELATIONSHIP WITH THE COUNTY. Section 16 of the Agreement is incorporated herein by reference as if set forth fully in this Contract. For the purposes of this Contract, the word "Agreement" shall be deleted from that Section 16 and replaced with "Contract." 3. CONSTRUCTION PROJECTS AND REQUIREMENTS Sections 3.1 through 3.5, below, describe the Construction Projects that are to be m 0 completed by the Developer in connection with managing the program for developing and c as E 14 M Q Packet Pg. 280 10.B.1.c operating the Facility on the County's Site. Among other things, the Developer will be responsible for the design, construction, and operation of the Facility and certain support facilities, as well as the design and construction of certain ancillary Improvements. However, nothing contained in this Contract is intended to modify or eliminate Developer's right to terminate the Agreement before the Commencement of Construction, pursuant to Sections 3.3 and 10.5 of the Agreement. 3.1 CONSTRUCTION OF NEW OFFICE BUILDING. Developer must construct the New Office Building in the approximate location shown in Exhibit 4, and in compliance with the plans and specifications that will be prepared by Developer. The plans and specifications for the New Office Building are subject to the approval of the County, pursuant to Section 5.1(f) of the Agreement. In all material respects, the office and other space provided to the County in the New Office Building must be at least equal to the County's existing offices and space in the County's Baling Building (i.e., not the offices in the Existing Office Building). This requirement (i.e., the comparison to the offices in the Baling Building) clarifies and revises the Developer's obligation under Section 5.1(f) of the Agreement. The requirement to provide equivalent office space includes and applies to the size, usable square footage, features, amenities, and the quality of the materials and workmanship of the space designated for the County's use in the New Office Building, as depicted in Exhibit 5. For reference, the design drawings and specifications for the existing offices in the Baling Building are attached hereto as Exhibits 9 and 10, respectively. 3.2 CONSTRUCTION OF NEW MAINTENANCE BUILDING. m 0 Developer shall construct the New Maintenance Building in the approximate location as E 15 M Q Packet Pg. 281 10.B.1.c shown in Exhibit 4, and shall do so in compliance with the plans and specifications that will be prepared by Developer. Pursuant to Section 5.t(f) of the Agreement, the County shall have the right to approve the future plans and specifications for the New Maintenance Building. The conceptual layout of the New Maintenance Building is depicted in Exhibit 6. 3.3 RELOCATION OF COUNTY'S FUEL TANK. Before or during the construction of the Facility, Developer may relocate the County's existing above -ground fuel tank, which is located on the Site and depicted on Exhibit 3. If the Developer wishes to exercise this right, the Developer shall prepare a plan and a schedule for moving the fuel tank to a new location designated by the Director. The Developer also shall provide the Director with a Certificate of Insurance or other documentation demonstrating that the Developer's Pollution Liability insurance covers and applies to any liability resulting from the relocation of the County's fuel tank and lists the County as Additional Insured. The Developer's plan, schedule, and Certificate of Insurance are subject to the prior approval of the Director. Following the Director's approval, Developer shall relocate the fuel tank in compliance with the County -approved schedule and plan. 3.4 CONSTRUCTION OF FACILITY. (a) Developer shall construct the Facility in compliance with the Site Development Plan (Exhibit 4) approved by the County, and the plans and specifications prepared by Developer, subject to the requirements in this Contract, the Agreement, the Permits, and Applicable Laws. The County shall have the right, but not the obligation, to review the Developer's plans and specifications before the Developer commences construction of the Facility. The County may offer m comments, but the County shall have no right to reject or modify the Developer's plans or as E 16 M Q Packet Pg. 282 10.B.1.c specifications for the Facility unless they are not consistent with the Site Development Plan or Applicable Law. The County shall have no right to review the portions of the plans and specification for the Facility that contain the Developer's Trade Secrets, except as provided in Section 3.6(d), below. (b) During the construction of the Facility, the Developer may: (1) modify or eliminate the administrative offices that are part of the Baling Building; (2) construct the changes and addition to the Baling Building that are depicted on Exhibit 4; (3) change the vehicular access into and out of the Baling Building; (4) remove and replace the slab in the Baling Building; and (5) remove and replace the equipment and Fixtures in the Baling Building. Developer is authorized to install all equipment, Fixtures, and other linprovements necessary to construct and operate the Facility in compliance with the requirements in the Agreement and this Contract. (c) Notwithstanding anything else contained in the Agreement or this Contract, the County shall have the right to remove the baling equipment that currently is contained in the Baling Building, before the County gives possession of the Baling Building to the Developer. The Agreement and this Contract do not give the Developer any right to use or sell the County's baling equipment. 3.5 CONSTRUCTION OF OTHER IMPROVEMENTS. (a) Upon the Commencement of Construction of the Facility, the Developer shall construct a New Parking Lot, a New Receiving Area for Waste Tires, and a New Receiving Area for Yard Trash. The approximate locations and dimensions of these three (3) Improvements are depicted on Exhibit 4. The exact locations, plans, and specifications for these Improvements are od 0 subject to the County's approval. At a minimum, each of these three (3) Improvements shall be as E 17 M Q Packet Pg. 283 10.B.1.c at least equal to the existing areas on the Site that will be replaced by these Improvements, with regard to useable square footage, features, quality of materials, and quality of workmanship. (b) Following the Commencement of Construction of the Facility, Developer shall construct a Ieachate pipeline and perform its other obligations in compliance with Section 5.1(g) of the Agreement. 3.6 CONSTRUCTION OBLIGATIONS. (a) Developer's Funding and Bonds. Before the Developer commences a Construction Project, Developer shall secure all funding and Bonds necessary to pay for the completion of that Construction Project, and all Permits required by the Agreement or Applicable Law for that Construction Project. Each Bond shall comply with: (1) all applicable requirements in Section 15 of the Agreement; (2) all requirements in Section 255.05, Florida Statutes, that are applicable to the construction of a public building; and (3) Applicable Laws. If Developer elects to require its contractor(s) to post the Bonds, as allowed by Section 15 of the Agreement, a dual obligee rider to each such Bond shall be issued to the County. At least thirty (30) days prior to the commencement of a Construction Project, Developer shall submit the Bonds for that project to the County. If the value of a Construction Project ranges between Five Hundred Thousand Dollars ($500,000) and Two Million Five Hundred Thousand Dollars ($2,500,000), the surety must be rated "A" or better as to management and "Class XIl" or better as to strength by Best's Insurance Guide. If the amount of a Construction Project is greater than Two Million Five Hundred Thousand Dollars ($2,500,000), the surety company must be rated "A" or better as to management and "Class XIV" or better as to od 0 strength. a� E z 18 M Q Packet Pg. 284 10.B.1.c (b) County Approval of Developer's Contractors. For each Construction Project, Developer shall retain licensed contractors, who must be approved by the County before they begin work on the Construction Project. The Developer or its contractors shall perform all the work and furnish all the materials, equipment, supplies, supervision, and labor necessary to carry out each Construction Project in compliance with the plans and specifications applicable to that Construction Project, and to the satisfaction of the duly authorized representatives of the County, who shall have the right to inspect and approve the materials to be furnished and the work to be performed for each Construction Project, except where Section 3.6(d) or other provisions in this Contract expressly provide otherwise. (c) County Approval of Subcontractors and Subcontracts. Developer shall require each contractor it uses in connection with each Construction Project to secure the prior written approval of the County's Project Manager for that Construction Project. Such approval also is required for each subcontractor, supplier and vendor that the Developer uses to order materials or supplies with an aggregate value greater than Ten Thousand Dollars ($10,000) in connection with a Construction Project. (d) No Approval Required for Trade Secrets. Notwithstanding anything else contained in this Contract, the portions of the Developer's plans and specifications that contain the Developer's Trade Secrets are not subject to the County's prior review or approval. However, upon the County's request, Developer shall have the burden of reasonably demonstrating that an item deemed to be a Trade Secret by the Developer is a Trade Secret, as defined herein. Plans and specifications that do not constitute M 0 Trade Secrets shall not be exempt from the County's review and approval. as E 19 M Q Packet Pg. 285 10.B.1.c (e) No Liability for County's Review. No approval, acceptance, or review by the County or its Project Managers of any contract, subcontract, or agreement, or any contractor, subcontractor, supplier or vendor, concerning any of the Construction Projects shall impose any express or implied duty, liability, or obligation on County, its Project Managers, or their employees. (0 Warranties by Developer and Contractors. Developer shall obtain appropriate guarantees and warranties from its contractors, suppliers, and vendors for the protection and benefit of the County. At a minimum, the Developer and each of the Developer's contractors, suppliers, and vendors must guarantee to repair, replace, or otherwise make good to the satisfaction of the County any defect in workmanship or material appearing in any Construction Project for which the contractor is retained, or for which a supplier or vendor provides materials or equipment. At a minimum, this warranty shall extend for one (1) year after the date when the County accepts the Developer's work pursuant to Section 3.6(s), below and for the full duration of any manufacturer's warranty provided for any product, equipment or material. Each warranty also must extend for one (1) year after the completion of any warranty work. Further, each of Developer's contractors, suppliers, and vendors must agree that neither inspection nor payment, including final payment, by the Developer will relieve the contractor, supplier, or vendor, or its surety from its obligation to complete the Construction Project in compliance with the plans and specifications for that Construction Project. (g) Preference for Hiring Local] . 00 0 The Developer and its contractors shall use their best efforts to hire qualified as E 20 M Q Packet Pg. 286 10.B.1.c businesses and residents of St. Lucie County, Florida, to perform the Construction Projects. The Developer and its contractors shall comply with the requirements in Section 5.6 of the Agreement. (h) Equal Opportunity Employment. Developer and its contractors shall not discriminate against any employee or applicant to be employed in the performance of the Construction Projects with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment, because of (1) age, sex, or physical handicaps, except when based on a bona fide occupational qualification or (2) marital status, race, color, religion, national origin, sexual orientation, pregnancy, military status, or ancestry. (i) Prohibition on Unauthorized Alien Workers. Developer and its contractors shall not knowingly employ unauthorized alien workers or otherwise violate the employment provisions of the Immigration and Nationality Act ("INA") 0) No Conflicts of Interest. Before the Developer allows a contractor to commence any work under this Contract, Developer shall require the contractor to confirm in writing that the contractor has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of the services required under this Contract, as provided in Section 112.311, Florida Statutes. Developer's contractors also shall each represent that no Person having any such interest will be employed for work under this Contract. (k) Potential Conflicts of Interest. 00 0 Developer and its contractors shall promptly notify County of all potential as E 21 M Q Packet Pg. 287 10.B.1.c conflicts of interest that may be prohibited by Applicable Law for any prospective business association, interest, or other circumstance that may influence or appear to influence the Developer or its contractors' judgment or the quality of service being provided under this Contract. The written notification shall identify the prospective business association, interest, or circumstance, the nature of the work that the Developer or its contractors may undertake, and request the County's opinion as to whether the association, interest, or circumstance would, in the opinion of County, constitute a conflict of interest if entered into by Developer or its contractors. County agrees to notify the Developer and its contractor(s) of the County's opinion within thirty (30) days after the County receives the notification from Developer's contractor(s) If, in the opinion of County, the prospective business association, interest, or circumstance would not constitute a conflict of interest by Developer's contractors, County shall so state in the County's notification and Developer's contractor(s) may, at their option, enter into said association, interest, or circumstance and such action shall not be deemed a conflict of interest with respect to the services provided under this Contract. (1) County's Right to Assume Developer's Contracts. County shall have the right, but not the obligation, and Developer and its contractors shall permit County, if it so elects, to assume Developer's rights under any contract or agreement for a Construction Project, if there is an uncured Event of Default by Developer under this Contract. (m) No Asbestos. Developer's contractors shall not use any asbestos or asbestos -based fiber 00 0 materials in the Construction Projects. as E 22 M Q Packet Pg. 288 10.B.1.c (n) Use of Recycled Materials. Developer's contractor(s) shall procure products or materials with recycled content when those products or materials are available at reasonable prices, and the aggregate value of the product or material to be purchased for a Construction Project will exceed Twenty Thousand Dollars ($20,000). A decision to not procure such items must be based on a determination that such procurement (1) is not available within a reasonable period of time, (2) fails to meet the performance standards in the applicable specifications, or (3) fails to meet the reasonable performance standards established by the Developer or County. Developer shall provide the County with a written statement identifying the recycled products that were used or supplied in each Construction Project. If a decision was made to not use recycled products, Developer shall provide the County with a written statement that explains the basis for the decision, using the criteria set forth above. (o) Insurance for Construction Proiects. (1) At a minimum, the Developer and its contractors and subcontractors shall comply with the insurance requirements in Section 14 of the Agreement. When working on a Construction Project, Developer and its contractors and subcontractors shall each maintain the following types and amounts of insurance in compliance with the requirements set forth below. Commercial general liability insurance with the following minimum limits and coverage per project: Each Occurrence/General Per Project Aggregate y $1,000,0001$2,000,000 J Products — Completed Operations Per Project Aggregate $2,000,000 Personal and Adv. Injury $1,000,000 c Fire Damage $ 200,000 Contractual Liability Included E 23 Q Packet Pg. 289 10.B.1.c Maximum Deductible $100,000 For any specific Construction Project where the construction value exceeds $10,000,000, minimum Commercial General Liability coverage shall be increased as follows: $10,000,001 - $25,000,000 value $5,000,000 CGL $25,000,001 - $50,000,000 value $10,000,000 CGL $50,000,001 - $100,000,000 value $15,000,000 CGL $100,000,001 - $25,000,000 CGL Such coverage shall include: (1) Bodily Injury and Property Damage; (2) Premises and Operations; (3) Independent Contractors; (4) Products and Completed Operations; (5) Broad Form or equivalent Contractual Coverage applicable to this Contract and consistent with the indemnification and hold harmless provisions in this Contract; (6) Broad Form or equivalent Property Damage Coverage; and (7) Personal Injury Coverage; all with employment and contractual exclusions removed and deleted. The Products and Completed Operations coverage must be provided for a minimum of ten (10) years after the completion of construction or as provided under the applicable statute of limitations. Coverage may not exclude liability arising from operations performed by subcontractors, or damages to work performed by subcontractors, including but not limited to, ISO Form CG 22 94 or CG 22 95. The contractor responsible for the construction of the Facility shall additionally carry Pollution Liability coverage in the minimum amount of $10,000,000 per incident with a general aggregate of no less than $15,000,000, and maximum deductible of $100,000.00. The Pollution Liability must include transit coverage Business automobile liability insurance at a limit of liability not less than $1,000,000 Combined Single Limit / Each Accident. Coverage shall include liability for Owned, Non -Owned & Hired automobiles. A Pollution endorsement is to be included. For projects in excess of $10,000,000, coverage limits shall be increased in accordance with the sliding scale set forth above. Worker's Compensation Insurance & Employers Liability in accordance with Chapter 440, Florida Statutes, and Employers' Liability Limits not less than $1,000,000 Each Accident, $1,000,000 Disease Each Employee, and $1,000,000 Disease Policy Limit. All policies of insurance (except Workers Compensation) shall be endorsed with the County as an Additional Insured, as provided in Section 14.7 of the c Agreement. For the General Liability, the County must be named as an Additional Insured, including Completed Operations, via GC 2010 1185 or GC E 24 M Q Packet Pg. 290 10.B.1.c 2037100 and GC 2010 0704 (or the most current version) under both the Developer's policies and all contractors and subcontractors' policies. (2) Any professional consultants retained by Developer for the Construction Projects, including architects and engineers, shall carry professional liability insurance in the minimum amount of $1,000,000, with a maximum deductible of$100,000.00, in addition to the coverage required in Section 3.6(o)(1) above. (3) In addition, Developer shall maintain Builder's Risk insurance for each Construction Project, subject to the following requirements: (A) Developer shall at all times have and keep the interest of County (as an additional insured and loss payee) in each Construction Project insured under a builder's risk policy against loss or damage by fire, wind, or other casualty. The total amount of such insurance shall be for the full replacement cost for the Construction Project that is being insured. New structures as well as existing structures undergoing construction shall be covered. A permission to occupy clause shall be included. Deductibles shall not exceed One Hundred Thousand Dollars ($100,000) per occurrence, except the deductibles 2 for hurricane, earthquake, and flood insurance, which shall not exceed five percent (5%) of the value insured. vj (B) All amounts received on such builder's risk policies of insurance applicable to the New Maintenance Building, the New Office c Building, and the Baling Building (hereinafter "the Proceeds") shall be payable to the County. All amounts received on such builder's risk policies of insurance applicable to the Gasification Building and c� other components of the Facility shall be payable to the Developer. The Proceeds shall be made available to Developer by the County, 3 for the reconstruction or repair, as the case may be, of the New L .W Maintenance Building, the New Office Building, and the Baling c Building, subject to the following conditions. If the reconstruction v or repair work is started promptly and County is assured that it will be prosecuted with reasonable dispatch, and if there is no Event of y Default on the part of Developer in the performance and observance J of the covenants hereof, the Proceeds may be applied to the payment of the reasonable cost of such construction. However, if the plan of reconstruction being adopted will require an expenditure of an c amount in excess of the Proceeds, the County may object to the release of the Proceeds until such time that the County is satisfied E 25 Q Packet Pg. 291 10.B.1.c that any amount necessary to provide for such reconstruction or repair, according to the plan adopted, in excess of the amount of the Proceeds has been provided for by Developer and its application to such purposes is assured. Any of the Proceeds remaining after the restoration or reconstruction of the County's New Maintenance Building, the New Office Building, and Baling Building as herein required shall, if there is at that time no default on the part of Developer in the performance of the covenants hereof, be paid to Developer. Any plan for the reconstruction or repair of the New Maintenance Building, New Office Building, and Baling Building is subject to the County's approval. (C) In the event of any damage or loss during the construction of the New Maintenance Building, the New Office Building, or the Baling Building, if Developer does not begin the reconstruction or repair of such damage within a period of thirty (30) days after the Proceeds are received, or Developer does not thereafter prosecute the same with such dispatch as would be necessary to complete the New Office Building, the New Maintenance Building, or the Baling Building in compliance with the deadlines in the Agreement, or within a longer period of time that is acceptable to the County, then the amount of any Proceeds received by the County or any balance remaining in its hands may be retained as security for the performance and observance by Developer of the covenants hereof. The County shall have the right to terminate this Contract on account of any such default by Developer and County may retain any remaining Proceeds and apply such Proceeds to the completion of Developer's obligations herein. (4) For each Construction Project, Developer shall provide the County with Certificates of Insurance evidencing that all coverages, limits, and endorsements required herein for the Developer, contractors and and subcontractors are maintained and in full force and effect, at least five (5) days before commencing construction on that Construction Project. If the Developer or its contractors maintain higher limits of coverage than the minimums required herein, the County shall be entitled to coverage for the higher limits maintained by the Developer T or its contractors. Each Certificate of Insurance shall be issued by an insurance company c T licensed or approved to do business in the State of Florida with a minimum rating of "A" in E 26 Q Packet Pg. 292 10.B.1.c accordance with the latest edition of A.M. Best's Insurance Guide. All required coverages shall apply on a primary and noncontributory basis. Additionally, the Financial Category Size must be "X" or greater. Each Certificate of Insurance for each type of coverage, including workers compensation insurance, shall evidence a waiver of subrogation in favor of the County and must comply with the requirements in Section 14.8 of the Agreement. Each policy shall provide for a minimum of thirty (30) days prior written notice to the County of any cancellation or non - renewal of coverage. For policies written on a "Claims -Made" basis, the Developer, contractors and subcontractors must maintain a retroactive date prior to or equal to the Execution Date of this Contract. In the event the policy is canceled, non -renewed, switched to an occurrence form, retroactive date advanced, or any other event triggers the right to purchase a supplemental extended reporting period ("SERP") coverage during the term of this Contract, the Developer and contractors must purchase a SERP with a minimum reporting period not less than three (3) years. This requirement to purchase a SERP shall not relieve the Developer or contractor of the obligation to provide replacement coverage. (p) Indemnification for Construction Projects. Pursuant to Section 13.2, below, Developer shall indemnify, hold harmless, and defend the County Indemnified Parties on and after the Execution Date. This obligation survives the County's acceptance of the Construction Projects. At a minimum, this obligation will extend beyond the term of the Contact for the applicable statute of limitations period and period of repose, commencing after the date of the acceptance of the Construction Projects by the County (q) Cooperation duringConstruction. onstruction. 00 0 The Developer and Developer's contractors shall fully cooperate and coordinate as E 27 M Q Packet Pg. 293 10.B.1.c with the County at all times to ensure that the Construction Projects and related activities do not unreasonably interfere with the County's operations on the Site and the Complex. (r) Communications between Project Managers. During the course of the Construction Projects, the County's communications with the Developer's general contractors shall be limited solely to communications transmitted from the County's Project Manager(s) to the Developer's Project Manager(s). Except as otherwise provided in this Contract or the Agreement, the Parties' Project Managers shall be responsible for the overall coordination and oversight of the Parties with regard to each Construction Project. At least thirty (30) days before the Developer commences work on a Construction Project, the Developer shall provide the County with written notice that identifies the name, e-mail address, and mobile (cell) telephone number of the Developer's Project Manager for that Construction Project. Within five (5) days after receiving such notice, the County shall provide the Developer with written notice that identifies the name, e-mail address, and mobile (cell) telephone number of the County's Project Manager for that Construction Project. Each Party shall have the right to change their Project Manager for a Construction Project by providing ten (10) days prior written notice to the other Party. (s) County's Punchlist and Acceptance of Projects. The County and Developer shall use the following procedures on each Construction Project to determine whether the work on a Construction Project is complete, satisfactory and. acceptable to the County. (1) No later than five (5) days after the issuance of a Certificate of Occupancy for the New Office Building or the New Maintenance c Building, and no later than five (5) days after the Substantial Completion of the Facility, Developer shall provide written notice E 28 M Q Packet Pg. 294 10.B.1.c to the County that the Developer is ready to schedule the Initial Walkthrough ("IW") with the County. The Parties shall make a good faith effort to schedule and conduct the IW within five (5) days after the County receives the Developer's written notice. During the 1W, the County and Developer shall prepare a Checklist, which shall identify all of the deficiencies in the Construction Project that need to be remedied by the Developer before the Construction Project will be in compliance with the requirements in this Contract. (2) Developer and its contractor shall endeavor to address and complete as many items on the Checklist as possible within fifteen (15) days after the IW. (3) No later than fifteen (15) days after the IW, Developer shall request the County to conduct a second walkthrough of the Construction Project. The purpose of the second walkthrough is to identify all of the items on the Checklist that remain to be performed, and to supplement the Checklist if necessary, and thereby develop a Final Punchlist. (4) The County, Developer, and contractor shall work together in good faith to develop a Final Punchlist no later than thirty (30) days after the issuance of a Certificate of Occupancy or upon Substantial Completion, as applicable. (5) Developer and its contractor shall use Commercially Reasonable Efforts to complete the tasks on the Final Punchlist within thirty (30) days after the Final Punchlist is issued by the County. (b) With regard to each warranty item on the Final Punchlist, the warranty on that item shall not begin to run until (a) all of the items on the Final Punchlist are one hundred percent (100%) complete and (b) the County has been able to operate or utilize the affected Final Punchlist item for an additional period of fifteen (15) days. (7) When all of the items on the County's Final Punchlist have been resolved to the County's reasonable satisfaction, the County shall provide written notice to the Developer that the County accepts the work that has been performed for that Construction Project. (8) At its option, County may, during a Construction Project and prior c to issuance of a Certificate of Occupancy or Substantial Completion, as applicable, issue Checklists that identify non- E 29 M Q Packet Pg. 295 10.B.1.c conforming work for Developer's contractor to address. The use of any Checklist is intended to streamline the County's review process and allow the Developer's contractor to address defective work when it is observed by the County. (t} Developer's Responsibilities for Security Measures. On each Construction Project, the Developer shall protect its work, including its materials, machinery, and equipment, from the elements, theft, and all other causes and risks. For each Construction Project, the Developer shall take all necessary precautions, including the furnishing of guards, fences, warning signs, flags, and lights, for the safety of and prevention of injury to other Persons and property. 4. OPERATING REQUIREMENTS 4.1 OPERATION OF C&D RECYCLING FACILITY. (a) The Developer has the right to operate the County's existing C&D Recycling Facility upon and after the Commencement of Operations of the Facility, subject to the conditions set forth in the Agreement and this Contract. If the Developer elects to exercise this right, the Developer shall provide notice to the County at least thirty (30) days before the Developer wishes to begin operating the C&D Recycling Facility. Thereafter, the County and the Developer shall select a mutually acceptable date for the Developer to take possession of the C&D Recycling Facility. Before the Developer takes possession of the C&D Recycling Facility, the Director shall identify the areas adjacent to the C&D Recycling Facility that may be used by the Developer for the temporary storage of materials and other purposes. The Developer shall confine its activities to the areas designated by the Director. (b) If the Developer elects to operate the C&D Recycling Facility, the Developer shall 0° 0 T yr accept the C&D Recycling Facility "as is" and "where is." Under such circumstances, this 30 M Q Packet Pg. 296 10.B.1.c Contract shall be deemed to be a license from the County authorizing the Developer to occupy and operate the C&D Facility for the remaining term of this Contract, subject to the terms herein. The Developer acknowledges and agrees that the County provides no warranties or guarantees of any kind concerning the condition or capability of the C&D Recycling Facility. (c) At all times after taking possession of the C&D Recycling Facility, the Developer shall operate and maintain the C&D Recycling Facility in compliance with the requirements contained in the instruction manual prepared by LUBO, USA. The County will provide a copy of the instruction manual to the Developer when the Developer is ready to take possession of the C&D Recycling Facility or at any earlier time, upon request. (d) After the Developer takes possession of the C&D Recycling Facility, the Developer shall revise its Operations Plan pursuant to Section 5.1(h) of the Agreement, to include the operation of the C&D Recycling Facility and the Developer's use of any appurtenant areas. The revised Operations Plan shall be delivered to the County no later than thirty (30) days after the Developer takes possession of the C&D Recycling Facility. (e) When the Developer takes possession of the C&D Recycling Facility, the Developer's obligations under the Agreement and this Contract concerning the Developer's operations on the Site shall be deemed to include and apply to the Developer's activities at the C&D Recycling Facility and any appurtenant areas used by Developer. For example, without limiting the generality of the foregoing, the requirements in Sections 6.8, 17, 18, and 19 of the Agreement, and Sections 4.2 and 4.10 of this Contract shall apply to the Developer's use of the C&D Recycling Facility and appurtenant areas. 00 0 (f) At all times after the Developer takes possession of the C&D Recycling Facility, as E 31 M Q Packet Pg. 297 10.B.1.c the Delivery Point for C&D Debris shall be the C&D Recycling Facility, unless the Director and Manager agree otherwise. The Developer shall ensure that all of the C&D Debris received at the C&D Recycling Facility is sorted and separated in the C&D Recycling Facility, and then removed from the C&D Recycling Facility and adjacent areas, within five (5) days after the C&D Debris is received at the C&D Recycling Facility. (g) After the Developer separates the Recyclable Materials from the C&D Debris at the C&D Recycling Facility, the Developer may deliver the remaining C&D Debris to the Facility and the non -recyclable materials to the County's Landfills. The Developer shall not be required to pay the County's Tipping Fees for the disposal of such non -recyclable materials if the materials were generated by recycling the C&D Debris that was delivered to (1) the Complex in a County Vehicle or (2) the C&D Recycling Facility by the County pursuant to Section 6.2(a) of the Agreement. However, the Developer shall pay the County's Tipping Fees for the disposal of C&D Debris, and for the disposal of non -recyclable materials generated from such C&D Debris, if the C&D Debris was not delivered to the Complex in a County Vehicle. (h) At all times after the Developer takes possession of the C&D Recycling Facility, the Developer shall pay all costs and expenses associated with the operation, maintenance, and repair of the C&D Recycling Facility, including the cost of sorting the C&D Debris. Developer shall bear all risks of such possession, operations. maintenance and repair, and may retain all of the revenue it derives from selling the Recyclable Materials that the Developer removes from the C&D Debris at the C&D Recycling Facility. The Developer intends to operate the C&D Recycling Facility because the Developer wishes to improve the quality of the material (fuel) CO 0 provided to the Facility for gasification. Accordingly, the County shall not pay any fee, cost, or E 32 M Q Packet Pg. 298 10.B.1.c expense to Developer for operating or maintaining the C&D Recycling Facility. 4.2 MAINTENANCE AND REPAIR OF SITE AND IMPROVEMENTS. (a) At all times after the Developer takes possession of the Site, Developer shall keep and maintain the Site in a good state of repair and condition. This obligation applies to and includes all of the real property, buildings (interior and exterior), grounds, Fixtures, equipment, personal property, and other Improvements on the Site. For example, this obligation includes and applies to: (1) the New Office Building; (2) the Facility; and (3) the Existing Office Building at all times when it is occupied by Developer. (b) When Developer takes possession of the Site, Developer shall assume the entire responsibility for all repairs and maintenance to the Site and the Improvements; the County shall have no responsibility for any such repairs and maintenance, except as provided in Section 4.2(h), below. For example, Developer shall promptly make all repairs that are needed for the Developer to satisfy its obligations under the Agreement and this Contract, including repairs to the structures on the Site, and the electrical, plumbing, sewer, HVAC, and other systems on the Site. This obligation includes the maintenance and repair of all equipment and lines for the Utility Services that Developer installs or uses, including wires, pipes, conveyances, and systems for the supply of water, natural gas, electricity, and telephone service, in addition to sanitary sewers, storm sewers, and storm water management systems. (c) Upon the expiration or termination of this Contract, Developer must deliver possession of all of the Improvements to the County, except as provided in Section 5.5 of the Agreement. Under such circumstances, the Improvements must be delivered in a good state of od 0 repair and condition, except for ordinary wear and tear. as E 33 M Q Packet Pg. 299 10.B.1.c (d) At all times, Developer shall keep the Site and the Improvements in a clean and orderly condition and appearance. If Developer's equipment, Fixtures, or personal property on the Site are open or visible to the general public, they also shall be kept in a clean and orderly condition. (e) Developer shall take appropriate measures to prevent erosion on the Site and shall promptly restore areas affected by erosion. (f) If the Developer fails in any material respect to maintain, clean, repair, replace, or rebuild the Improvements within a period of sixty (60) days after receiving notice from the County to do so, or fails in any material respect to diligently pursue to completion such task, then the County may, at its option, clean, repair, replace, or rebuild all or any part of the Improvements identified in such notice, and all reasonable costs incurred by the County shall be paid by Developer within thirty (30) days after the County provides its written demand for payment to Developer. (g) Although the C&D Recycling Facility is not located on the Site, the Developer's obligations under Sections 4.2 (a) through (f) shall apply to the C&D Recycling Facility at all times when it is in the possession of the Developer. (h) Notwithstanding the other provisions in this Section 4.2, Developer is not obligated to repair or maintain the County's New Maintenance Building after this structure is approved and accepted by the County pursuant to Section 3.6(s), above. 4.3 SIGNS AND LIGHTING ON SITE. (a) Developer shall have the right to erect, maintain, and display signs on the exterior od 0 of the Improvements or within the Site, provided that such signs comply with all Applicable as E 34 M Q Packet Pg. 300 10.B.1.c Laws. Further, Developer shall provide signs that direct traffic on the Site and provide information concerning the types of materials that are accepted in the Facility, as well as those materials that are prohibited. Developer's signs must be informational in nature, rather than advertising. Developer shall coordinate with the County to ensure that all of the proposed signs for the exterior of the Improvements are appropriate in size and content. (b) Developer shall keep the Site lighted in compliance with all safety and security requirements of the County and Applicable Law. 4.4 SAFETY PLAN FOR OPERATIONS. The Developer shall develop, implement, and maintain a written safety plan for all of its operations under this Contract. The safety plan shall comply with the requirements in OSHA and similar Applicable Laws. A written copy and an electronic copy of the safety plan shall be provided to the County for informational purposes at least thirty (30) days before the Developer begins to operate the Facility during the Startup and Commissioning Period. The County's receipt of the safety plan shall not constitute its approval of the plan or the County's acquiescence concerning the appropriateness of such plan. The Developer shall comply with its safety plan at all times. At a minimum, the Developer's safety plan shall include the following components: (a) The Developer shall appoint an employee who is qualified and authorized, as defined by OSHA, to supervise and enforce safety compliance. (b) The Developer shall provide routine safety training to all of its employees, in compliance with OSHA and all Applicable Laws. J Refresher courses and supplemental training shall be provided as necessary. Documentation of the Developer's training programs, c and the successful training of each employee, shall be maintained on file and shall be provided to the Director upon request. 35 Q Packet Pg. 301 10.B.1.c (c) The Developer shall follow all OSHA regulations and Applicable Laws regarding personal protective equipment. (d) The Developer's safety plan shall include a written procedure for the immediate removal to a hospital or a doctor's care of any employee or other Person that is injured and requires medical assistance. (e) Developer shall update its safety plan whenever there are changes in Developer's operations. The Developer shall deliver an updated safety plan to the County within ten (10) days of its adoption. 4.5 DEVELOPER'S EMPLOYEES. The Developer shall furnish each employee with an appropriate means of identifying him or her as an employee of the Developer (e.g., a uniform with a name tag and company logo). The Developer's employees shall wear the identification at all times while on the Site or the Complex. The County has the right to approve the identifiers or identification furnished by the Developer. The Developer also shall furnish each employee with appropriate protective equipment (e.g., goggles, hard hats, etc.) and shall require each employee to use such equipment when mandated under Applicable Law. 4.6 DRUG -FREE WORKPLACE. The Developer shall make a good faith effort to promote and maintain a drug -free workplace. The Developer shall publish a statement notifying its employees that the unlawful manufacturing, distribution, dispensing, possession, or use of a controlled substance is prohibited on the Site. The statement shall specify the actions that will be taken against employees for violations of this prohibition. A copy of this statement shall be provided to each employee before the employee begins to provide services under this Contract. 4.7 ACCESS TO THE COMPLEX AND SITE. 36 00 0 T yr as E M Q Packet Pg. 302 10.B.1.c The County shall provide gates, fences, locks, and other security measures to control public access to the Complex. The Developer shall provide gates, fences, locks, and other security measures to control public access to the Site, the Facility, and the New Office Building. The Parties shall work together to develop mutually acceptable arrangements that will allow each of them to have twenty-four (24) hour access, if needed, to the Site, the Facility, and their respective parts of the New Office Building. 4.8 RESTRICTIONS ON USE OF COMPLEX AND SITE. The County may impose reasonable restrictions on the Developer's access to and use of the Complex, and the Developer may impose reasonable restrictions on the County's access to and use of the Site, to ensure the protection of public health and safety. The County also may impose reasonable restrictions on Developer's use of the Existing Office Building. Developer may impose reasonable restrictions on the County's use of the New Office Building in areas that are not designated for the County's exclusive use, as depicted in Exhibit 5. 4.9 NEW PARKING LOT AND NEW WASTE RECEIVING AREAS. (a) Exhibit 4 depicts the approximate locations of the New Receiving Area for Waste Tires and the New Receiving Area for New Yard Trash. Exhibit 4 also depicts the approximate location of the New Parking Lot. The Developer shall construct these three (3) areas pursuant to Section 3.5, above, and the Developer shall be responsible for maintaining and repairing these areas on the Site. (b) After the County accepts the new receiving areas for New Yard Trash and Waste Tires pursuant to Section 3.6(s), above, these areas shall be the Delivery Point for Waste Tires m and New Yard Trash, respectively, unless the Director and Manager agree otherwise. The as E 37 M Q Packet Pg. 303 10.B.1.c County will be responsible for receiving and temporarily storing the Waste Tires and New Yard Waste that are delivered to these two (2) new receiving areas. The Developer shall be responsible for moving the Waste Tires and New Yard Trash from these new receiving areas to other locations, pursuant to Section 5.3(b) of the Agreement. Upon request from the Director, the Developer shall promptly remove Waste Tires and New Yard Trash from the receiving areas to ensure that the materials in the receiving areas do not exceed the permitted storage capacity for those areas or otherwise impede the County's operations. The amounts and types of material to be removed shall be determined by the Director. If the Developer fails to comply with the Director's request in a timely manner, the Director may take such actions as the Director deems necessary under the circumstances and the Developer shall reimburse the County for any costs incurred to achieve compliance. (c) The Developer may operate a mobile tire shredder in the New Receiving Area for Waste Tires and the Developer also may operate a mobile tub grinder in the New Receiving Area for New Yard Trash, but the Developer's equipment and operations must be restricted to the locations designated by the Director. The Developer shall be solely responsible for purchasing, operating, maintaining, and replacing any such equipment. 4.10 INSURANCE FOR STRUCTURES, IMPROVEMENTS, AND ACTIVITIES (a) In addition to the insurance required pursuant to Section 14 of the Agreement and Section 3.6 of this Contract, Developer shall purchase and maintain all risks property insurance covering loss or damage in an amount equal to the full replacement cost of all of the structures, Fixtures, facilities, and Improvements on the Site, including the New Office Building and the od 0 Baling Building, as well as the Gasification Building and the other components of the Facility. as E 38 M Q Packet Pg. 304 10.B.1.c This insurance must: (1) be in effect for all existing buildings and structures (e.g., the Baling Building) before the Commencement of Construction; (2) be in effect for all Improvements before any applicable builder's risk insurance expires; and (3) be maintained at all times thereafter until this Contract expires or terminates. Developer shall provide the County with Certificates of Insurance evidencing that all coverages are in full force and effect at least thirty (30) days before the Commencement of Construction. Developer also shall provide the County with Certificates of Insurance demonstrating that the necessary coverage is in effect at least thirty (30) days before the expiration of any builder's risk: policy for an Improvement. Each Certificate of Insurance shall provide for a minimum of thirty (30) days' prior written notice to the County of any cancellation or non -renewal of coverage. The County must be named as an Additional Insured. The insurance required in this Section 4.10 also shall be subject to the requirements in Section 3.6(o), above, and Sections 14.1, and 14.7 through 14.13 of the Agreement. (b) At all times after the Commencement of Operations, Developer shall purchase and maintain business interruption insurance providing fixed and continuing expense coverage, with a deductible not exceeding thirty (30) days, arising from an insured physical loss or damage to the Facility. (c) The requirements in Section 14 of the Agreement shall be supplemented as follows: (1) with regard to the General Liability insurance required pursuant to Section 14.2 of the Agreement, the County must be named as an Additional Insured, including Completed Operations, via CG 2010 1185 or CG 2037100 and CG 2010 0704 (or the most current version of these forms) under both the Developer's and all contractors' policies; (2) with regard to the 00 0 Pollution Liability coverage provided pursuant to Section 14.4 of the Agreement, this policy as E 39 M Q Packet Pg. 305 10.B.1.c must include transit coverage; and (3) with regard to the Business Automobile Liability required under Section 14.3 of the Agreement, the policy must also include a Pollution endorsement. 5. POSSESSION OF THE SITE AND IMPROVEMENTS (a) Developer shall give notice to the County at least thirty (30) days before the Developer intends to commence work on the County's New Maintenance Building. Developer also shall provide notice at least thirty (30) days before the Developer intends to commence construction of the New Office Building. Developer and County shall coordinate and cooperate with each other to ensure that the County is able to deliver possession of those portions of the Site that will be used for the construction of these two (2) projects on or about the date when the Developer wishes to commence construction. (b) The County and Developer shall jointly designate the portions of the Site that may be used for the construction of the New Office Building, including the equipment laydown areas. Developer shall use flags, signs, sawhorses, or other appropriate measures to delineate and control the areas designated for Developer's construction activities. (c) Developer shall provide notice to the Director at least thirty (30) days before the Developer intends to commence construction of the Facility, including the construction in the Baling Building. Developer and the County shall cooperate and coordinate to ensure that the County can remove its equipment and personal property from the relevant portions of the Site before the date designated for the Commencement of Construction. On the date designated for the Commencement of Construction, the County will deliver possession of the Site to the Developer, except as otherwise provided in Section 2.3(e), above. od 0 (d) When the County notifies Developer that the County accepts the New as E 40 M Q Packet Pg. 306 10.B.1.c Maintenance Building pursuant to Section 3.6(s), above, Developer shall relinquish possession of this building to the County, and all of the Developer's rights, title, and interest in the New Maintenance Building shall transfer automatically to the County, without any further action being required by either Party. Developer shall ensure that such transfer is free and clear of all claims, liens, and encumbrances. Upon the County's request, all of the Developer's warranties and contractual rights concerning the New Maintenance Building shall be assigned to the County in a form that is subject to the County's approval. 6. DEVELOPER'S FINANCIAL OBLIGATIONS (a) Developer shall be solely responsible for paying all costs and expenses associated with or related to the performance of its tasks under the Agreement and this Contract. (b) Without limiting the requirements in Section 6(a), above, the Developer shall pay all of the costs for the entire scope of the Construction Projects described in Sections 3.1 through 3.5, above, including all costs for the design, permitting, financing, and construction of each Construction Project. Developer also shall pay all costs for the demolition, removal, and disposal of the Existing Office Building and the Existing Maintenance Building. However, the Developer may retain any revenue it derives from the sale of Recyclable Materials it removes from the Existing Office Building and Existing Maintenance Building. (c) None of the County's funds shall be used to pay for any of the Construction Projects. The County shall have no liability or financial obligation of any kind to Developer, Developer's contractors, or Developer's subcontractors, laborers, suppliers, or vendors for any Construction Project. However, the County shall arrange and pay for the relocation of its od 0 equipment and operations into the New Maintenance Building and the New Office Building, and as E 41 M Q Packet Pg. 307 10.B.1.c the removal of the baling equipment that currently is in the Baling Building. (d) Developer shall promptly pay when due all of its operating, maintenance, and service charges and costs, including all costs for Utility Services (e.g., telephone services, natural gas, electricity, potable water, wastewater disposal), and all other expenses incurred for its use of and operations on the Site. Developer shall pay for all Utilities Services for the Facility, the New Office Building, and any other areas of the Site that are used by the County after the Commencement of Construction. Developer shall provide and pay for all janitorial services for the entire New Office Building. (e) Developer shall pay all sales, consumer, use, ad valorem, leasehold, and other taxes, fees, and assessments that are applicable to, assessed against, or based on the Developer's activities under this Contract, including ad valorem taxes and impact fees based on the Developer's leasehold interest in, use, or possession of the Site, the Improvements, or the Developer's equipment on the Site. (f) The County currently pays for the Utility Services provided to the Existing Office Building_ After the Developer takes possession of the Existing Office Building, the County shall continue to pay the monthly charges for providing the current level of service to the Existing Office Building, notwithstanding anything else contained herein. However, the County shall have no obligation to pay for an improved level of Utility Services (e.g., internet access; electrical upgrades) for the Existing Office Building. 7. WARRANTIES AND REPRESENTATIONS (a) The Developer and the County hereby reaffirm and restate, as if fully set forth 00 0 herein, all of the representations and warranties set forth in Section 9 of the Agreement. as E 42 M Q Packet Pg. 308 10.B.1.c (b) Developer represents and warrants to County that it has not employed or retained any person or company currently employed by County to solicit or secure this Contract and Developer has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with the award of this Contract. Developer covenants that no Person under its employ who presently exercises any functions or responsibilities on behalf of County in connection with this Contract has any personal financial interest, directly or indirectly, with contractors or vendors providing professional services on projects of Developer, except as fully disclosed and approved by County. (c) Each Party declares and warrants that it enters into this Contract without reliance on or engaging in any collusion, bribery or fraud, that all of the Party's representations in this Contract are made fairly and in good faith, and that no Board member, County officer, or County employee, directly or indirectly owns any of the assets or capital stock of Developer, nor will any such Person directly or indirectly benefit from the profits or emoluments of this Contract, nor has Developer provided any gift to any such Person or their family. (d) Developer acknowledges that it has made, or had an opportunity to make, a thorough and complete inspection of the Complex, including the Site, and Developer is fully advised of its condition, the nature of the construction on the Complex, and the state of repair Developer fully accepts the Site, the Complex, and the existing structures and facilities, as -is, where -is, in their present state of condition. (e) County covenants, warrants and agrees that so long as Developer is not in default od 0 of this Contract, Developer shall be entitled to enjoy, occupy, and possess the Site peacefully E 43 M Q Packet Pg. 309 10.B.1.c throughout the Contract term, without interference, hindrance or molestation. (f) The County represents and warrants that the County owns fee title to the Site and the Complex, free and clear of any lien, interest, or encumbrance, subject only to the easements, restrictions, matters, and exceptions shown in the commitment for title insurance (Agent's File Reference No. 08-1001; dated October 9, 2015) that was issued by Chicago Title Insurance Company and provided to the Developer. 8. LIENS AND SEVERANCE 8.1 LIENS PROHIBITED ON SITE. Developer covenants and agrees that: (1) the Developer and its contractors shall have no power or authority to incur any indebtedness giving a right to a lien or encumbrance of any kind or character upon the right, title, and interest of County in and to the Site or Complex; and (2) under the Agreement and this Contract, no third person shall ever be entitled to any mortgage, encumbrance, or lien of any kind on the Site or Complex. All Persons contracting with Developer, or furnishing materials or labor to Developer or to the Developer's agents or servants, and all other Persons shall be bound by the provisions of this Contract, which bars any lien on the real property that comprises the Site or Complex. 8.2 NOTICE REGARDING LIENS. NOTICE IS HEREBY GIVEN THAT COUNTY SHALL NOT BE LIABLE FOR ANY LABOR OR MATERIALS FURNISHED OR TO BE FURNISHED TO DEVELOPER OR ANY OTHER PARTY CLAIMING UNDER DEVELOPER UPON CREDIT, AND THAT NO CONSTRUCTION OR OTHER LIEN FOR ANY SUCH m LABOR OR MATERIALS SHALL ATTACH TO OR AFFECT THE FEE ESTATE c as E 44 M Q Packet Pg. 310 10.B.1.c HELD BY THE COUNTY. NOTHING IN THIS CONTRACT, INCLUDING WITHOUT LIMITATION JOINDER BY COUNTY IN ANY APPLICATION OR APPROVAL, SHALL BE DEEMED OR CONSTRUED IN ANY WAY TO CONSTITUTE COUNTY'S CONSENT OR REQUEST, EXPRESS OR IMPLIED, BY INFERENCE OR OTHERWISE, TO ANY CONTRACTOR, SUBCONTRACTOR, LABORER, OR EQUIPMENT OR MATERIAL SUPPLIER FOR THE PERFORMANCE OF ANY LABOR OR THE FURNISHING OF ANY MATERIALS OR EQUIPMENT FOR ANY CONSTRUCTION, NOR AS GIVING DEVELOPER OR ANY OTHER PERSON CLAIMING UNDER DEVELOPER ANY RIGHT, POWER OR AUTHORITY TO CONTRACT FOR, OR PERMIT THE RENDERING OF, ANY SERVICES, OR THE FURNISHING OF ANY MATERIALS THAT WOULD GIVE RISE TO THE FILING OF ANY LIENS AGAINST THE FEE ESTATE. DEVELOPER SHALL INDEMNIFY COUNTY AGAINST ANY CONSTRUCTION UNDERTAKEN BY DEVELOPER OR ANYONE CLAIMING THROUGH DEVELOPER, AND AGAINST ALL PROHIBITED LIENS. 8.3 MEMORANDUM OF CONTRACT FOR PUBLIC RECORDS Pursuant to Section 713.10(2)(b), Florida Statutes, County and Developer agree to execute a short form Memorandum of Contract, in the form shown in Exhibit 8, for the purpose of recording such form in the public records of St. Lucie County and the City of Ft. Pierce, Florida. 8.4 SEVERANCE OF IMPROVEMENTS. m The Parties agree that certain specific Improvements to be constructed by or for the as E 45 M Q Packet Pg. 311 10.B.1.c Developer on the Site, and certain equipment to be acquired by or for Developer and located on the Site, are hereby severed by this Contract and shall remain severed from the Site, and shall be the personal property of the Developer or a Person claiming through the Developer, even though such Improvements and equipment may be attached to or affixed to or installed upon the Site, and such shall not be or become subject to a lien placed on the Site by the County, except for liens established for taxes (e.g., personal property taxes). The provisions of this Section 8.4 shall only apply to the Facility, including the equipment and Fixtures in the Facility, and shall not apply to the New Maintenance Building, the New Office Building, or any equipment or Fixtures in those two (2) buildings. Any new equipment installed in the Baling Building shall be severed from the Site, but the Baling Building itself shall not be severed or subject to the provisions in this Section 8.4. 9. CONDEMNATION OF THE SITE If any part of the Site shall be taken or condemned for a public or quasi -public use by any Person other than the County, and Developer determines that the remaining portion of the Site is inadequate for the uses contemplated by this Contract, Developer shall have the option to terminate this Contract and the Agreement as of the date when title to the part so condemned vests in the condemnor. If all of the Site shall be so taken, this Contract shall terminate on the date when title to the Site vests in the condemnor. If a part or all of the Site be so taken or condemned, Developer shall be entitled to that portion of any award for Developer's loss of the Facility and its equipment and Fixtures, the cost of removing its property, and the loss of the value of its leasehold interest in the real property so taken. In the event of such taking, County od 0 shall receive such portion of the award that is attributable to its reversionary fee interest in the as E 46 M Q Packet Pg. 312 10.B.1.c land and any Improvements. If any portion of any condemnation award is not specifically apportioned to Developer, it shall be and become the property of and belong to County. 10. DEFAULT AND REMEDIES 10.1 TERMINATION UPON DEFAULT. Subject to the other provisions contained herein, either Party has the right to terminate this Contract by providing notice to the other Party (a "Default Notice") upon the occurrence of an Event of Default with respect to the other Party that is not cured within the time periods set forth below. This Contract shall terminate thirty (30) days after the Default Notice is delivered, unless the Parties mutually agree to a different date. 10.2 NOTICE AND RIGHT TO CURE. A Party shall not terminate this Contract unless the following conditions are met: (a) If a Party fails to make any monetary payment required by this Contract, the Party entitled to such payment shall provide the Party obligated to make such payment a written notice specifying such failure. The Party receiving the notice shall have ten (10) Business Days to make the payment after receipt of such notice. (b) With respect to any other obligation specified in this Contract, the a Party to whom such obligation is owed shall first provide the other Party a written notice specifying such failure. The Party receiving the notice shall have a thirty (30) day period after receipt of such notice to cure the failure of performance, if such performance is 3 reasonably susceptible of being cured. With respect to any failure U which is reasonably susceptible of being cured but cannot c reasonably be cured within thirty (30) days, the Party obligated to v take action must commence within such thirty (30) days all acts as will be necessary to cure such failure and the Party shall diligently and continuously work to complete such acts within a time period that is reasonable under the circumstances. If the defaulting Party -J satisfies these requirements, the time to cure the default shall be extended to include such additional time as is reasonably necessary od to effect a cure, provided that the defaulting Party exercises continuous diligent efforts to cure the default during the extended 47 Q Packet Pg. 313 10.B.1.c cure period. In all cases, however, the time to cure shall not be longer than ninety (90) days after the non -defaulting Party sent notice to the defaulting Party. If a defaulting Party fails to cure the default within the cure period, the non -defaulting Party may terminate this Agreement. (c) The County's right to exercise its remedies pursuant to this Section 10 is subject to the County's first delivering notice of an Event of Default to the primary lender that is providing financing for the Facility. In addition to any cure periods granted to Developer set forth in Section 10.2(b), above, the County shall afford to the primary lender an additional period of thirty (30) days from the date of such notice to cure the Event of Default or to cause a designee of such lender to assume the Developer's responsibilities under this Contract and cure such Event of Default within such additional time period. The County's obligation to provide notice pursuant to this Section 10.2(c) shall apply only if the Developer's primary lender is identified to the County in compliance with Section 20.4 of the Agreement, before the Event of Default occurs. 10.3 REMEDIES UPON DEFAULT. Without limiting any remedies provided in this Contract, upon the occurrence and continuation of an Event of Default, the non -defaulting Party will have the right to pursue all remedies available at law or in equity, including specific performance. Additionally, the non - defaulting Party shall have the right to recover from the defaulting Party the actual damages it suffered as a result of the Event of Default. However, notwithstanding anything to the contrary contained herein, no Parry shall be liable to the other Party for consequential, incidental, delay, cover, punitive, exemplary or indirect damages, or lost profits or other business interruption damages, arising under or by statute, in tort or contract (except to the extent expressly provided herein). 10.4 REMEDIES ARE CUMULATIVE. m Except as otherwise expressly provided herein, the remedies specified in this Contract c as E 48 M Q Packet Pg. 314 10.B.1.c shall supplement, and not be in lieu of, any other remedies provided at law or in equity. The payment of any damages by a defaulting Party hereunder shall not constitute a defense for such defaulting Party, nor an election of remedies by the non -defaulting Party, nor serve as the basis for a claim of estoppel against the non -defaulting Party, nor prevent the non -defaulting Party from terminating this Contract. A Party's decision to refrain from seeking damages, or suspending or terminating this Contract, or seeking any other relief from any failure of a defaulting Party's performance, shall not constitute a waiver of the non -defaulting Party's right to pursue any other remedy or a waiver of its right to pursue a remedy for any future failure by a defaulting Party. No remedy conferred by this Contract is intended to be exclusive of any other remedy. Each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity, by statute or otherwise. No single or partial exercise by any Party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 10.5 COUNTY'S RIGHT TO PAY OR PERFORM. At any time before or after an Event of Default by Developer, County shall have the option, but not the obligation, without waiving or impairing any of its rights, to pay any sum or perform any act required of Developer, and the amount of any such payment and the value of any such performance, together with interest, shall be secured by this Contract, and shall be promptly due and payable to County. 10.6 TERMINATION OF AGREEMENT. The termination of the Agreement shall automatically terminate this Contract, without CO 0 any further action by either Party. In such cases, the termination of this Contract shall be as E 49 M Q Packet Pg. 315 10.B.1.c effective upon the date when the Agreement is terminated. 10.7 REPOSSESSION OF SITE. (a) Upon the expiration or termination of this Contract, the County is authorized to re-enter and repossess the Site, including the buildings, Improvements, and personal property on the Site, either with or without legal process. With regard to such circumstances, Developer hereby waives any demand for possession of the property, and agrees to surrender and deliver the Site and property peaceably to County. In the event of such forfeiture, Developer shall have no claim against County for any Improvements made on the Site or for any other cause whatsoever. The provisions of this Section 10.7(a) shall not be construed to divest County of any legal right or remedy that it may have by statutory or common law, enforceable at law or in equity. This Section 10.7(a) affords to the County a cumulative remedy, in addition to all other remedies available to a lessor when the terms of a lease have expired or been breached by a lessee. (b) Except as otherwise provided in Section 5.5 of the Agreement, all buildings, structures and Fixtures of every kind now existing or hereafter erected, installed, or placed on the Site shall become the property of the County upon the termination or expiration of this Contract and shall be left in good condition and repair, ordinary wear and tear excepted. However, pursuant to Section 5.5 of the Agreement, the Developer shall have the right to remove its gasification equipment, fuel production equipment, and personal property from the Site upon the expiration or termination of this Contract. Non -Fixture personal property owned by Developer at the expiration or termination of this Contract shall continue to be owned by Developer. Developer may remove all such personalty, provided Developer is not then in default of any 00 0 covenant or condition of this Contract; otherwise, all such personal property shall remain on the as E 50 M Q Packet Pg. 316 10.B.1.c Site until the damages suffered by County from such default have been ascertained and compensated by the Developer. Any damage to the Site caused by the Developer's removal of such personal property shall be repaired promptly by Developer at its expense. If Developer fails to remove all of its equipment and personal property from the Site within thirty (30) days after the expiration or termination of this Contract, Developer shall forfeit all of its right, title, and interest in such equipment and property to the County, without any further action being required of the Parties. (c) Upon the expiration or termination of this Contract, Developer shall deliver possession of the Site, including all Improvements, to the County, free and clear of all liens, encumbrances, and subleases. Upon the expiration or termination of this Contract, Developer shall assign to the County, without recourse, and shall give the County copies or originals of, all assignable licenses, Permits, contracts, warranties, and guarantees then in effect for the Site and the Improvements. The Parties shall reasonably cooperate to achieve an orderly transition of operations from the Developer to the County, without interruption, including the delivery of such books and records as the County reasonably requests. 11. FORCE MAJEURE An event of Force Majeure is defined in Exhibit 1. 11.1 EFFECT OF FORCE MAJEURE. (a) Except as otherwise provided in this Contract, each Party shall be excused from performance when non-performance was caused by a Force Majeure event but only if. (i) the non -performing Party gives the other Party notice describing the occurrence of the Force Majeure CO event pursuant to Section 11.2, below; (ii) the non-performance is of no greater scope and of no as E 51 M Q Packet Pg. 317 10.B.1.c longer duration than is required by the Force Majeure event; and (iii) the non -performing Party continuously and diligently uses Commercially Reasonable Efforts to remedy its inability to perform. (b) The existence of a Force Majeure event shall not relieve the Parties of any obligation under this Contract (including payment obligations) to the extent that performance of such obligation is not precluded by the Force Majeure event. (c) In no event will any delay or failure of performance caused by Force Majeure extend this Contract beyond its stated Term. (d) Notwithstanding any other provision in this Contract to the contrary, in the event that any delay or failure of performance caused by Force Majeure continues for an uninterrupted period of ninety (90) days from its inception, the Party not claiming Force Majeure may, at any time following the end of such period if the Force Majeure event is still in effect, terminate this Contract upon written notice to the affected Party. 11.2 NOTIFICATION OBLIGATIONS. In the event of any delay or nonperformance resulting from a Force Majeure event, the Party claiming that a Force Majeure event has occurred shall notify the other Party immediately by telephone and/or email, and in writing within five (5) days of such occurrence. The notice shall describe the nature and cause of the Force Majeure, the date of commencement and the anticipated duration of the Force Majeure, and shall indicate whether any deadlines imposed hereunder may be affected by the event of Force Majeure. The notice shall describe the measures that have been taken and the measures that will be taken to mitigate or eliminate the effects of the m 0 Force Majeure event. A Party claiming that a Force Majeure event has occurred shall not be as E 52 M Q Packet Pg. 318 10.B.1.c entitled to any relief unless and until conforming notice is provided. The Party claiming that a Force Majeure event has occurred shall notify the other Party of the cessation of the Force Majeure event or of the conclusion of the affected Party's cure for the Force Majeure event, in either case within two (2) Business Days thereof. 11.3 DUTY TO MITIGATE. The Party claiming that a Force Majeure event has occurred shall use its best efforts to cure the cause(s) preventing its performance of this Contract and shall provide to the other Party weekly progress reports describing the actions taken to end the Force Majeure event and perform its obligations. 12. DISPUTE RESOLUTION 12.1 MEDIATION (a) All claims, disputes and controversies arising out of or related to the performance, interpretation, application or enforcement of this Contract, including but not limited to claims for payment and claims for breach of this Contract, may be referred to non -binding mediation before initiation of any adjudicative action or proceeding, at law or in equity, unless it shall be unreasonable to do so or an emergency situation or necessity dictates otherwise. All applicable statutes of limitations and defenses based on the passage of time shall be tolled while the mediation process is pending. The Parties will take all reasonable measures necessary to effectuate such tolling. (b) Developer and the County agree to participate fully in the mediation process and conscientiously attempt to resolve their dispute. Each Party shall bear its own expenses in 00 connection with the mediation. Both Parties shall pay equally for the services of the mediator. c as E 53 M Q Packet Pg. 319 10.B.1.c The mediation shall take place in St. Lucie County, Florida. The mediation shall be conducted in compliance with the rules adopted by the Florida Supreme Court and the provisions in Chapter 44, Florida Statutes. The mediation proceeding shall be held within thirty (30) days after the Developer or County request mediation in writing, unless the Parties jointly agree to a different schedule. 12.2 MEETING WITH COUNTY ADMINISTRATOR AND BOARD. When a dispute between the County and the Developer is pending or threatened, Developer may attempt to resolve the dispute with the Administrator. Developer's written request shall be delivered to the Administrator and it shall describe Developer's proposed solution for resolving the dispute. The Parties may exchange additional information that is reasonably necessary to evaluate the disputed issue and Developer's proposal. The Administrator shall fully and fairly consider Developer's proposal in a timely manner. Upon request, the Administrator shall meet with Developer and discuss its proposal. If the Administrator rejects Developer's proposal in whole or in part, Developer shall be allowed to present its proposal to the Board at a duly noticed public meeting; provided, however, Developer must deliver its written proposal to the Board at least thirty (30) days before the public meeting. The Board may accept or reject Developer's proposal, or take other action that the Board deems appropriate, in the Board's sole discretion. If the Parties are unable to resolve the dispute under this Section 12.2, either Party may initiate a non -binding mediation process in accordance with the provisions of Section 12.1 above. 12.3 LITIGATION. m 0 If either Party is dissatisfied after following the procedures in Sections 12.1 or 12.2, it c as E 54 M Q Packet Pg. 320 10.B.1.c may initiate litigation, subject to the provisions in this Agreement. 12.4 DISPUTES RELATING TO TERMINATION FOR CAUSE. Notwithstanding the other provisions in this Section 12, if any Party terminates this Contract due to an Event of Default, the terminating Party shall have the right, in its sole discretion, to proceed directly with litigation of any claims or disputes relating to the termination for cause and may include other claims and disputes unrelated to the termination, and shall not be required to submit such claims or disputes to mediation. In any litigation concerning or arising under this Contract, the Parties shall pay their own costs, expenses, and attorneys' fees. 12.5 WAIVER OF JURY TRIAL. The Parties agree that any claim filed in state or federal court concerning this Contract shall be heard by a judge, sitting without a jury. THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY, AND PERMANENTLY WAIVE ANY RIGHT THEY MAY HAVE TO A JURY TRIAL CONCERNING ANY MATTER THAT ARISES FROM OR IS BASED ON THE INTERPRETATION, APPLICATION, OR ENFORCEMENT OF THE TERMS OF THIS CONTRACT. 12.6 JURISDICTION AND VENUE The Parties acknowledge and agree that with respect to any action, suit, or other proceeding (a "proceeding") to enforce, interpret, or apply the provisions of this Contract, each Party irrevocably submits to the exclusive jurisdiction of the state and federal courts in and for St. Lucie County, Florida, and waives any objection which it may have at any time to the laying of venue of any proceeding brought in any such court, and waives any claim that such proceeding 00 has been brought in an inconvenient forum, and waives the right to object that such court does c as E 55 M Q Packet Pg. 321 10.B.1.c not have jurisdiction over such Party. 12.7 GOVERNING LAW The laws of the State of Florida shall govern the rights, obligations, duties, and liabilities of the Parties to this Contract and shall govern the interpretation of this Contract. 12.8 OPERATIONS DURING DISPUTE If a dispute (that is not an Event of Default) arises between the County, the Developer, and/or any other Person concerning a Party's performance, obligations, rights, or compensation under this Contract, the Parties shall continue to perform their respective duties in strict compliance with the requirements of this Contract, regardless of the pending dispute. 13. DAMAGES AND INDEMNIFICATION 13.1 LIABILITY. The Developer shall be liable for all injuries and conditions that are caused by or result from the Developer's actions, including but not limited to the Developer's failure to perform in accordance with the terms of this Contract. To the extent that the County and Developer are joint tortfeasors, losses shall be apportioned in the manner described in Section 13.3, below. 13.2 DEVELOPER'S INDEMNIFICATION. (a) To the greatest extent allowed by Applicable Law, the Developer releases and shall indemnify, hold harmless, and, if requested by the County, defend, each of the County c 0 Indemnified Parties from and against every indemnified Loss that is caused by or results from, c directly or indirectly, in whole or in part, any negligent or willful act or omission of the as J Developer, the Developer's officers, employees, agents and invitees, any tier of consultant, od contractor or subcontractor to the Developer or any subcontractor to a subcontractor of the c c as Developer, or anyone employed by any of those Persons for whose acts or omissions any of them E 56 Q Packet Pg. 322 10.B.1.c may be liable, except to the extent resulting from the negligent acts or omissions of the County Indemnified Party. The obligation of the Developer under this Section 13.2 is absolute and unconditional; it is not conditioned in any way on any attempt by a County Indemnified Party to collect from an insurer any amount under a liability insurance policy, and is not subject to any set-off, defense, deduction, or counterclaim that the Developer might have against the County Indemnified Party. (b) It is the intent of this Section 13.2 that the Developer's indemnification obligations include all joint and several liability of the Developer, any subcontractor to the Developer, or any subcontractor to a subcontractor of the Developer, and anyone directly or indirectly employed by any of them, or anyone for whose acts or omissions any of them may be liable. (c) The County may employ any outside counsel of its choice or may use its in-house counsel to enforce or defend its right to indemnity provided by this Contract. If a County Indemnified Party requests that the Developer defend it with respect to any Indemnified Loss, the County Indemnified Party may participate in the defense at the Developer's sole cost and expense. The Developer shall advance or promptly reimburse to a County Indemnified Party any and all costs and expenses incurred by the County indemnified Party in connection with investigating, preparing to defend, settling, or defending any legal proceeding for which the County Indemnified Party is entitled to indemnification under this Contract. 13.3 CONTRIBUTION. In the event of joint negligence on the part of the County and the Developer, any loss and 00 0 costs shall be apportioned in accordance with the provisions of Section 768.31, Florida Statutes, as E 57 M Q Packet Pg. 323 10.B.1.c the Uniform Contribution Among Tortfeasors Act, as it exists on the Date of Execution, subject to the recovery limits set forth in Section 768.28, Florida Statutes, in effect on the Date of Execution. 13.4 FINES AND PENALTIES. If the Developer fails to comply with any Applicable Law, the Developer shall promptly pay to the County the following: (1) All lawful fines, penalties, and forfeitures charged to the County by any judicial order or by any Governmental Authority responsible for the enforcement of the Applicable Law; and (2) The actual costs incurred by the County as a result of the Developer's failure to comply with the Applicable Law, including any costs incurred in investigating and remedying the conditions which led to or resulted from the Developer's failure to comply with the Applicable Law. 13,5 NO PERSONAL LIABILITY. Nothing in this Agreement shall be construed as creating any personal liability on the part of any officer, employee, agent or representative of the County or the Developer. 4. NOTICES AND OTHER COMMUNICATIONS BETWEEN PARTIES All invoices, notices, requests, reports, authorizations, protests, and petitions provided for herein shall be in writing. Such documents shall be addressed to the individuals identified below, except where otherwise provided herein. All such documents shall be either (a) hand delivered or (b) mailed by registered or certified mail (postage prepaid) or courier service, return receipt requested. The documents shall be deemed to have been duly delivered when personally delivered, or when delivered by U.S. Mail or courier service, as shown by the return receipt. Developer and the County designate the following people and places for delivery of notices and M 0 T other documents: as E 58 M Q Packet Pg. 324 10.B.1.c The County: County Administrator St. Lucie County 2300 Virginia Avenue Ft. Pierce, Florida 34982 With a copy to: County Attorney St. Lucie County 2300 Virginia Avenue Ft. Pierce, Florida 34982 Developer: Neil Williams, Ph.D., P.E. Green3Power St. Lucie, LLC 1000 Corporate Drive, Suite 200 Fort Lauderdale, Florida 33334 Tel: 954 202 6660 With a copy to: Robert Kohn c/o Green3Power St. Lucie, LLC 1000 Corporate Drive, Suite 200 Fort Lauderdale, Florida 33334 Tel: 954 202 6660 Either Party may modify the contact information specified in this Section 14 by giving written notice to the other Party in compliance with the requirements in this Section 14. 15. SUBLEASES SUBCONTRACTS AND ASSIGNMENT OF LEASE. (a) Developer may not sublease all or any portion of the Site. Developer shall not assign this Lease or transfer a controlling interest in Developer, except as provided in Section 15(c), below. od 0 (b) Except as set forth in Section 15(c), below, the transfer or assignment of this as E 59 M Q Packet Pg. 325 10.B.1.c Contract shall require the prior written consent of the non -transferring Party, which consent shall not be unreasonably withheld. Any single transaction or combination of transactions that results in a controlling or majority interest in Developer, or substantially all of Developer's assets, being purchased by or merged with any other Person(s) shall constitute a transfer of this Contract. (c) Developer may assign, pledge, hypothecate or otherwise transfer, as and for, among other purposes, collateral security, in connection with any financing or the refinancing of the Facility, including a sale of this Contract, together with a sale of the Facility, combined with the lease back to Developer of the Contract, as part of a sale -leaseback financing transaction. In connection with any such permitted transfer by Developer, the County agrees to execute a written consent to such collateral assignment as may be reasonably requested, which collateral assignment may include, among other terms, the County's agreement not to terminate this Contract on account of any Event of Default without written notice to Developer's primary lender and first providing such lender with thirty (30) days to cure such Event of Default. If such written consent is not requested, Developer shall notify the County of any such assignment to the Developer's lender(s) no later than thirty (30) days after the assignment. (d) Notwithstanding anything else contained herein, Developer shall not subcontract its duties or obligations under this Contract concerning the operation of the Facility, without the prior written consent of the County. Before any subcontractor will be allowed to enter the Site, the Developer must provide the Director with written notice that identifies the name of the subcontractor and a brief description of the work to be performed by the subcontractor. In any case, no subcontract shall relieve Developer of any of its duties or obligations to the County 00 0 T under this Contract. as E 60 M Q Packet Pg. 326 10.B.1.c 16. ENVIRONMENTAL ISSUES 16.1 NO WARRANTY FROM COUNTY REGARDING ENVIRONMENTAL CONDITIONS ON SITE, Developer recognizes and fully understands that the Complex is used for the management and disposal of Solid Waste and, further, groundwater contamination has been detected in the past beneath portions of the Complex. In addition, Developer recognizes and agrees that the County makes no representations or warranties whatsoever concerning the environmental conditions on the Complex. Among other things, the County makes no representations or warranties as to whether any Pollution or Hazardous Waste exists on, in, or beneath the Site. 16.2 NO LIABILITY FOR DEVELOPER FOR PRE-EXISTING CONTAMINATION Developer shall have no liability to the County for any Pollution, Hazardous Waste, or other contamination on, in, or beneath the Site to the extent that it (a) is present on the date when Developer takes possession of the Site or (b) is caused by or results from a release, discharge, or migration of Pollution or Hazardous Waste on to the Site as a result of the County's acts or omissions. However, notwithstanding the foregoing, Developer shall be responsible for Pollution, Hazardous Waste, or other contamination in, on, beneath, or adjacent to the Site to the extent that it is caused by or results from the Developer's acts or omissions. For purposes of Sections 16.2 and 16.3, the acts and omissions of the County and Developer include the acts and omissions of their respective officers, employees, agents, invitees, contractors, subcontractors, and anyone acting on their behalf. 16.3 RELEASE OF POLLUTION ON SITE, " 00 The release or discharge of any Hazardous Waste on the Site or Complex as a result of an c as E 61 M Q Packet Pg. 327 10.B.1.c act or omission of Developer in an amount that requires notice, removal, remediation, or other action pursuant to an Applicable Law or Permit, shall be addressed, removed, remediated, or otherwise resolved immediately at the Developer's expense and in compliance with Applicable Laws. If Developer does not immediately take appropriate action to provide notice and otherwise address the release or discharge, the County may, upon reasonable notice to Developer (which notice shall be written unless an emergency condition exists), undertake all necessary actions to address the release or discharge. Any such action by the County shall not relieve the Developer of its obligations under this Contract or Applicable Law. No action taken by the Developer or the County to address a release or discharge shall be construed to be an admission of liability concerning the source or cause of the release or discharge. 16.4 NOTICE OF RELEASES. Developer shall provide written notice to the appropriate Governmental Authority and the County for each spill, leak, discharge or other release of Hazardous Waste (collectively, "Release of Hazardous Waste") on the Site that meets or exceeds the amount that must be reported under the Permits or Applicable Laws. Such notice shall be provided in compliance with the Applicable Laws, Developer also shall provide written notice to the County within one (1) Business Day after the Developer begins curative measures, remediation efforts, and/or monitoring activities on the Site in response to a Release of Hazardous Waste. 16.5 CONTINGENCY PLAN FOR RELEASES. Developer shall prepare and maintain an up-to-date contingency plan for responding to a Release of Hazardous Waste or Diesel Fuel. The contingency plan shall provide minimum m standards and procedures for the storage of Diesel Fuel and regulated quantities of Hazardous as E 62 M Q Packet Pg. 328 10.B.1.c Waste (if any), the prevention and containment of spills and releases of such fuel or waste., and the transfer and disposal of regulated quantities of Hazardous Waste that might reasonably be expected on the Site. The contingency plan shall describe the design features, response actions, and other procedures to be used in any case involving a release or accident involving Hazardous Waste or Diesel Fuel. The contingency plan shall be provided to the County at least thirty (30) days before the Commencement of Operations. An updated copy of the plan shall be provided to the County promptly after Developer amends or modifies the plan. The contingency plan may be part of or separate from the Operations Plan required pursuant to Section 5.1(h) of the Agreement. The contingency plan must incorporate the use of applicable best management practices. The County has the right, but not the obligation to provide comments concerning the contingency plan, but the County does not have the right to approve, reject, or modify the contingency plan. 16.6 INSPECTION OF ENVIRONMENTAL RECORDS. The County shall have the right to inspect all documents and other information in Developer's actual or constructive possession relating to the environmental condition of the Site, including information: (a) about the release of any Hazardous Waste or Diesel Fuel at the Site; (b) concerning any curative, remediation, or monitoring efforts; (c) required to be maintained under applicable environmental laws; (d) in manifests for the proper transportation and disposal of Hazardous Waste; (e) regarding environmental assessments of the Site; and (f) containing sampling and test results. Developer agrees to allow inspections of the Site promptly after being requested to do so by appropriate Governmental Authorities in accordance with Applicable 00 0 Laws. c as E 63 M Q Packet Pg. 329 10.B.1.c 16.7 COUNTY'S REMOVAL OF HAZARDOUS WASTE. (a) Except as otherwise provided in the Agreement, if the County arranges for the removal of any Hazardous Waste or Diesel Fuel from the Site or Complex that was released or discharged by the Developer or any of its officers, employees, contractors, subcontractors, invitees, or agents, all costs of such removal shall be paid by Developer within fifteen (15) calendar days of County's written demand, and thereafter interest shall accrue on such costs at the rate of eighteen percent (18%) per annum. (b) In the event the County arranges for the removal of Hazardous Waste or Diesel Fuel from the Complex, the County shall coordinate with Developer and use reasonable efforts to not disrupt Developer's business. However, in no event shall Developer be entitled to any damages or other payments from the County as a result of lost profits or other expenses or inconvenience of any kind suffered by the Developer as a result of the County's clean-up activities. 16.8 SURVIVAL OF OBLIGATIONS. The provisions of this Section 16 shall survive the expiration or termination of this Contract. 17. PUBLIC RECORDS LAW 17.1 PUBLIC'S RIGHT TO INSPECT PUBLIC RECORDS. The Developer shall comply with all applicable requirements contained in the Florida Public Records Law (Chapter 119, Florida Statutes), including but not limited to any applicable provisions in Section 119.0701, Florida Statutes. To the extent that the Developer and this 00 Contract are subject to the requirements in Section 119.0701, Florida Statutes, the Developer c as E 64 M Q Packet Pg. 330 10.B.1.c shall: (i) Keep and maintain public records required by the County to perform the services provided hereunder, for a minimum of five (5) years after the termination or expiration of this Contract. (ii) Upon request from the County's custodian of public records, provide the County with a copy of the requested records or allow the public records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. (iii) 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 term of this Contract if the Developer does not transfer the records to the County. (iv) Upon completion of the Contract, transfer, at no cost, to the County all public records in the possession of the Developer or keep and maintain public records required by the County to perform the service. If the Developer transfers all public records to the County upon completion of the Contract, the Developer shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Developer keeps and maintains public records upon completion of the Contract, the Developer shall meet all applicable requirements for retaining public records. All records 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 systems of the County. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, THE CONTRACTOR SHOULD CONTACT THE COUNTY'S CUSTODIAN OF PUBLIC RECORDS: THE CLERK OF THE CIRCUIT COURT FOR ST. LUCIE COUNTY, BY TELEPHONE (772-462-6900), E-MAIL (WWW.STLUCIECLERK.COM), OR MAIL (P.O. BOX 700, FORT PIERCE, FLORIDA 34954). THE CLERK'S OFFICE IS LOCATED AT 201 SOUTH INDIAN RIVER DRIVE, FORT PIERCE, FLORIDA 34950 If the Developer fails to comply with the requirements set forth in this Section 17, the County may enforce these provisions in accordance with the terms of this Contract. If the Developer c T yr fails to provide public records to the County within a reasonable time, it may be subject to E 65 M Q Packet Pg. 331 10.B.1.c penalties under Section 119.10, Florida Statutes. 17.2 CONFIDENTIAL DOCUMENTS. The County recognizes that it is important to the Developer that Developer's Trade Secrets not be disclosed to third parties. The Developer recognizes that it must clearly and explicitly label each page of each document as a confidential Trade Secret, and Developer must comply with Applicable Law, if Developer wishes to keep any document confidential. Notwithstanding anything else contained herein, the County shall have no liability to Developer for the disclosure of any document or information if the disclosure of the document or information is required under the Florida Public Records Act (Chapter 119, Florida Statutes) or other Applicable Laws. 18. MISCELLANEOUS PROVISIONS 18.1 BINDING EFFECT. This Agreement shall be binding on and inure to the benefit of the Parties and their respective successors and permitted assigns. 18.2 SEVERABILITY. The provisions contained in this Contract shall not be construed to require the County or Developer to take any action that is contrary to any Applicable Law. Should any provision, paragraph, sentence, word or phrase contained in this Contract be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or any Applicable Law, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary to conform with such laws, or if not modifiable, then 00 same shall be deemed severable, and in either event, the remaining terms and provisions of this c as E 66 M Q Packet Pg. 332 10.B.1.c Contract shall remain unmodified and in full force and effect. This Contract shall be construed as if such invalid, illegal, void or unenforceable provision had never been contained herein. 18.3 WAIVER OF REQUIREMENTS. No delay or failure to exercise a right under this Contract shall impair such right or be construed to be a waiver thereof, and such right may be exercised from time to time and as often as deemed expedient. The failure of the County or Developer at any time to require performance by the other Party of any term in this Contract shall in no way affect the right of the County or Developer thereafter to enforce same. Nor shall waiver by the County or Developer of any breach of any term of this Contract be taken or held to be a waiver of any succeeding breach of such term or as a waiver of any term itself. To be effective, any waiver shall be in writing and signed by the Party granting such waiver. Any such waiver shall be limited to the particular right so waived and shall not be deemed to waive any other right under this Contract. 18.4 INDEPENDENT CONTRACTOR. Nothing in this Agreement shall create or be deemed to create a partnership or joint venture between the Parties. No Party is entitled to act as an agent for the other Party. The Developer is and shall be an independent contractor and operator, solely responsible for all of its acts or omissions; the County shall in no way be responsible for any such acts or omissions. The Developer shall take sole responsibility for the means, methods, techniques, sequences, and production of the work performed by the Developer under the Agreement and this Contract. 18.5 NO THIRD PARTY BENEFICIARIES. This Contract does not create any third party beneficiaries. This Contract confers no m rights whatsoever upon any Person other than the County and Developer. This Contract does not c as E 67 M Q Packet Pg. 333 10.B.1.c create and shall not be interpreted as creating any standard of care, duty, or liability to any Person not a Party hereto, except County indemnified Parties. 18.6 COUNTY ORDINANCES. Notwithstanding any other provision contained in this Contract, the County shall not enact, adopt, promulgate, modify or repeal any Applicable Law after the Effective Date and then obtain relief from any requirement in this Contract based on that change in Applicable Law. This prohibition does not apply to the enactment, adoption, promulgation, modification, or repeal of an Applicable Law when such action is required pursuant to state or federal law, unless the County sought or solicited the enactment of the state or federal law. 18.7 GENERAL RULES OF CONSTRUCTION. The following rules of construction will apply throughout this Contract: (a) Headings. Any headings used in this Agreement are for the purpose of convenience only and shall not affect the meaning or interpretation of the Contract or document in question. (b) Words of Inclusion. The word "including" and similar derivations of the word "include" shall be deemed to be followed by the words "without limitation," and shall not be construed to be terms of limitation. References to included matters or items shall be regarded as illustrative and shall not be interpreted as a limitation on, or an exclusive listing of, the matters or items referred to. (c) Singular and Plural Forms, Genders. Whenever the context requires, the singular includes the plural and the plural includes the singular. The gender of any pronoun m 0 includes the other genders. as E 68 M Q Packet Pg. 334 10.B.1.c (d) Conflicts with Exhibits or Agreement. Any conflicts between the provisions in the exhibits to this Contract and the provisions in this Contract shall be resolved in favor of this Contract. Any conflicts between this Contract and the Agreement shall be interpreted in favor of the Contract. (e) Conflicts with Contract R uirements. Except for Contract Modifications duly approved and executed by the County, any conflict between the terms and conditions of this Contract and the terms and conditions of any of the other contract documents applicable to the Construction Projects shall be interpreted in favor of this Contract. (f) Herein. Whenever the word "herein' is used, it shall be interpreted to mean in this Contract. 18.8 COUNTERPARTS. This Contract may be executed by each Party upon a separate copy, and in several counterparts, each of which will be deemed to be an original. 18.9 AMENDMENTS TO AGREEMENT. This Contract shall not be considered modified, altered, changed or amended in any respect unless the Contract is amended in writing and the amendment is executed by Developer and the Board. 18.10 ENTIRE AGREEMENT. This Contract incorporates and includes all prior negotiations, correspondence, conversations, and understandings applicable to the matters contained in this Contract. The Parties agree that there are no commitments or understandings concerning the subject matter of m this Contract that are not contained herein. Accordingly, it is agreed that no deviation from the c as E 59 M Q Packet Pg. 335 10.B.1.c terms of this Contract shall be predicated upon any prior representations, whether oral or written Although this Contract supplements the Agreement, this Contract shall supersede all prior understandings between the Parties regarding the matters addressed herein. 18.11 NO CONSTRUCTION OF CONTRACT AGAINST THE DRAFTER. The Parties acknowledge that they are represented by legal counsel and they have had meaningful input into the terms and conditions contained in this Contract. Therefore, any doubtful or ambiguous provisions contained herein shall not be construed against the Party that physically prepared this Contract. The rule sometimes referred to as "Fortius Contra Proferentum" shall not be applied to the interpretation of this Contract. 18.12 SURVIVAL OF OBLIGATIONS AFTER TERMINATION. Notwithstanding anything else contained herein, any term, condition, covenant, or obligation in this Contract that requires performance by a Party subsequent to the termination of this Contract shall remain enforceable against such Party subsequent to such termination. 18.13 PERMITS AND LICENSES. Each Party, at its sole cost and expense, shall obtain, maintain, and comply with in all material respects throughout the Term of this Contract, all Permits, licenses and approvals necessary or required to perform its work and provide its services in the manner described herein. With respect to the obligations in this Section 18.13, no Party shall be deemed to be in default of this Contract if and for so long as such Party is performing all of its obligations under this Contract while operating under a consent order, consent agreement, compliance schedule, or other similar enforcement/compliance mechanism with FDEP or other Governmental Authority m and is diligently and continuously working to cure any compliance issue with respect to any such c as E 70 v a Packet Pg. 336 10.B.1.c Permit, license or approval. 18.14 EQUAL OPPORTUNITY EMPLOYMENT. Developer agrees that it shall not discriminate against any employee or applicant for employment for work under this Contract because of handicap, race, color, religion, sex, age, or national origin and shall take affirmative steps to ensure that applicants are employed and employees are treated during employment by Developer, as applicable, without regard to race, color, religion, sex, age or national origin. This provision shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeships. Developer agrees to furnish the County with a copy of its Affirmative Action Policy, upon request. 18.15 COMPLIANCE WITH LABOR LAWS. Developer shall comply with all Applicable Laws concerning the protection and rights of employees, including, but not limited to, the Occupational Safety and Health Act and all implementing regulations, minimum wage laws, the Americans with Disabilities Act, and the Fair Labor Standards Act. 18.16 LEGAL STATUS OF THE PARTIES' EMPLOYEES. A Person employed by a Party shall have no right or claim to any pension, workers' compensation, unemployment compensation, civil service or other employee rights or privileges granted to the officers and employees of the other Party. Each Party shall have the sole responsibility for paying any wages and providing any employment benefits to its own employees m 0 and agents. c as E 71 M Q Packet Pg. 337 10.B.1.c 18.17 NOTICE FOR RADON. Section 404.056(5), Florida Statutes, provides the following notice: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of Radon that exceed Federal and State guidelines have been found in buildings in Florida. Additional information regarding Radon and Radon testing may be obtained from the county health department. 18.18 SOVEREIGN IMMUNITY. Nothing in this Contract or the Agreement shall be interpreted or construed to mean that the County waives its common law sovereign immunity or the limits on liability set forth in Section 768.28, Florida Statutes. 18.19 TIME IS OF THE ESSENCE. The Parties agree that, subject to any extensions expressly provided in this Contract and extensions for Force Majeure, TIME 1S OF THE ESSENCE with regard to this Contract. 18.20 EXHIBITS. All of the exhibits attached to this Contract are hereby incorporated by reference and made a part of this Contract as if fully set forth herein. The exhibits are as follows: Exhibit 1 — Definitions Exhibit 2 — Aerial Photograph of the Complex Exhibit 3 — Aerial Photograph of the Site 00 Exhibit 4 — Site Development Plan c as E 72 M Q Packet Pg. 338 10.B.1.c Exhibit 5 — Conceptual Layout of New Office Building Exhibit 6 — Conceptual Layout of New Maintenance Building Exhibit 7 — Legal Description of Site Exhibit 8 — Memorandum of Contract Exhibit 9 — Design Drawings for offices in Baling Building Exhibit 10 — Specifications for offices in Baling Building 18.21 FURTHER ASSURANCES. Each Party shall execute and deliver such documents, and shall perform such acts, as may be reasonably necessary to achieve the Parties' intent in entering into this Contract. 00 0 T d E t 73 M Q Packet Pg. 339 10.B.1.c IN WITNESS WHEREOF, Developer has executed this Contract on this day of , 2016. WITNESSES: GREEN3POWER, ST. LUCIE, LLC BY: Signature Print Name Signature Print Name STATE OF COUNTY OF Neil D. Williams, Ph.D., P.E. President and CEO BEFORE ME, the undersigned authority, personally appeared Neil D. Williams, as President and CEO of GREEN3POWER, ST. LUCIE, LLC, who, being duly sworn, deposes and says that he has read and executed the foregoing instrument and acknowledged to and before me that he executed said instrument for the purposes therein expressed on this day of 2016. Personally Known Produced Identification Type of Identification Produced 74 Notary Public State of My Commission Expires: (Notary Seal) 00 0 T d E t ii M Q Packet Pg. 340 10.B.1.c IN WITNESS WHEREOF, County has executed this Contract on this day of , 2016. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK KIM JOHNSON, CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: COUNTY ATTORNEY ACKNOWLEDGMENT STATE OF FLORIDA, COUNTY OF ST. LUCIE. BEFORE ME, the undersigned authority, personally appeared Kim Johnson, as Chairman of the Board of County Commissioners of St. Lucie County, Florida who, being duly sworn, deposes and says that he has read and executed the foregoing instrument and acknowledged to and before me that she executed said instrument for the purposes therein expressed on this day of Personally Known Produced Identification Type of Identification Produced 75 2016. Notary Public State of Florida My Commission Expires: (Notary Sea]) 00 0 T d E t ii M Q Packet Pg. 341 10.B.1.c 76 Q Packet Pg. 342 10.B.1.c EXHIBIT I DEFINITIONS The following definitions shall apply to the terms used in the Contract, as well as internally within each definition. To the extent that a definition contained herein conflicts with a similar definition in any federal, state or local law or a definition in the Agreement, the definitions contained herein shall prevail when interpreting the Contract. "Administrator" means the County's chief administrative officer or the Administrator's designee(s). "Agreement" means the "Agreement for the Development and Operation of the St. Lucie Gasification Facility" (dated August 4, 2015) between the County and Developer. The Agreement includes the Schedules and all properly authorized and executed amendments. "Applicable Law(s) ' shall mean any local, state or federal statute, law, constitution, charter, ordinance, judgment, order, decree, Permit, rule, regulation, directive, policy, standard or similar binding authority, or a judicial or administrative interpretation of any of the same, which are in effect or are enacted, adopted, promulgated, issued or enforced by a Governmental Authority during the Term of this Contract and relate in any manner to the performance of the County or Developer under this Contract. Applicable Laws include laws addressing environmental issues, health, safety, insurance, bonds, leases, and taxes. "Ash" means a waste or By -Product of the gasification process, primarily consisting of fly ash, which is collected following the gasification process in the baghouse and other particulate collection devices. "Baling Building" means the structure designated as the Baling Building on Exhibit 3, and all of the associated improvements. The Baling Building also includes certain administrative offices that currently are used by the County. "Billing Month" means each calendar month in each Billing Year, except that (a) the first Billing Month shall begin at 12:01 A.M. on the Commencement of Operations and end at midnight on the last day of the month in which the Commencement of Operations occurs and (b) the last Billing Month shall end on the day when the Agreement expires or is terminated. "Billing Year" means the County's fiscal year, which begins on October 1 and continues through September 30 of the following year, except that (a) the first Billing Year shall commence at 12:01 A.M. on the Commencement of Operations and end at midnight on the last day of the County's fiscal year in which the Commencement of Operations occurred and (b) the last Billing Year shall end on the day when the Agreement expires or is terminated. 00 "Biomedical Waste" shall have the meaning provided in Section 403.703(2), F.S. o c as "Board" shall mean the Board of County Commissioners of St. Lucie County, Florida, or E 77 M Q Packet Pg. 343 10.B.1.c the Board's designee(s). "Boiler Feedwater Standards" means the water quality standards set forth in Schedule 7 of the Agreement. "Bonds" shall mean performance and payment bonds sufficient to ensure full performance and payment to all contractors and subcontractors providing services or materials for each Construction Project. "BTU" means British Thermal Unit. "Business Day' means each Monday, Tuesday, Wednesday, Thursday and Friday that is not a Holiday. "By -Products" means any product of, or material resulting from, the operation of the Facility that has value and can be put to a beneficial use. "C&D Disposal Area" means the area at the Complex that is used for the disposal of C&D Debris. "C&D Recycling Facility" means the structure that is designated as the C&D Recycling Facility on Exhibit 3, and all of the associated equipment, fixtures and improvements. "Certificate of Insurance" means a document issued by an insurance company that verifies the Developer has obtained insurance in compliance with the requirements in this Contract. "Chanize in Law" means the adoption, promulgation, or modification of any Applicable Law after the Date of Execution, which directly and substantially affects the Developer's or c County's ability or cost to perform under this Contract. A Change in Law does not include a M change in any tax law or workers' compensation law. m L "Citation" means any warning letter, notice of violation, cease and desist order, or similar � document concerning a civil, criminal, or administrative enforcement proceeding involving the 3 Facility or Developer's activities under this Contract. U L "Checklist" means a preliminary list of those defective items of work that must be v performed or remedied by the Developer's contractors to successfully complete a Construction Project. f° as "Class I Landfill" shall mean the area at the Complex that is used for the disposal of Class I Waste. "Class I Waste" shall have the same meaning as provided in Rule 62-701.200(13), F.A.C. o T Class I Waste shall include New Class I Waste and Excavated Class I Waste. c as E 78 Q Packet Pg. 344 10.B.1.c "Commencement of Construction" means the date when Developer begins the construction of the Facility in a continuous manner and on a full-time basis, as determined in accordance with Section 5.1(d) of the Agreement. "Commencement of Operations" means the date when the Facility officially commences commercial operations, as determined in accordance with Section 5.10) of the Agreement. "Commercially Reasonable Efforts" shall mean the use of all measures that a reasonably prudent Person would determine to be efficient, cost-effective, and commercially available under the circumstances. "Completion of Construction" means that the construction of the Facility is substantially complete and the Developer is ready to commence the Startup and Commissioning Period. "Complex" means the County's land and the Solid Waste management facilities located at 6120 Glades Cut -Off Road, in the City of Ft. Pierce, Florida, including, but not limited to the Class I Landfill, the C&D Disposal Area, and the Baling Building. "Construction and Demolition Debris" and "C&D Debris" have the meaning provided in Rule 62-701.200(24), F.A.C. Construction and Demolition Debris includes New C&D Debris and Excavated C&D Debris. "Construction Proiect(s)" shall mean the entire scope of the construction described in Sections 3.1 through 3.5 of the Contract, including the construction of. (a) the New Maintenance Building; (b) the New Office Building; (c) the Facility; (d) the Developer's leachate pipeline; (e) the New Parking Lot; (f) the New Receiving Area for Waste Tires; (g) the New Receiving Area for New Yard Trash; and (h) the demolition of the Existing Maintenance Building and the Existing Office Building. "Consumer Price Index" and "CPI" shall mean the "Consumer Price Index —All Urban Consumers," all items, not seasonally adjusted, for the Miami -Ft. Lauderdale, Florida area, Base Period 1982-84 = 100 (Series ID CUURA320SA0), as published by the U.S. Department of Labor, Bureau of Labor Statistics, or a successor agency. "Contract" means this "Lease and Contract" between the County and Developer for the Developer's use of the County's Site. "Contract Modifications" shall mean any change order, Contract amendment, addendum, or modification, or change in the scope of work or in approved materials, relating to any Construction Project to be completed by Developer or its contractors, agents, or employees. "County" shall mean, depending on the context, either (a) the geographical area contained within St. Lucie County, Florida or (b) the government of St. Lucie County, acting through the o0 Board or its designees. c as E 79 M Q Packet Pg. 345 10.B.1.c "County Indemnified Parties" means the County, the Board of County Commissioners and each of its members, and every agent, officer, official, servant, and employee of the County "County Vehicle" means a truck or other motor vehicle that delivers Solid Waste to the Facility and is owned or operated by (a) the County or (b) the County's Franchisee, when the Franchisee is delivering Solid Waste on behalf of the County. "Date of Execution" means the date when this Contract is executed by the County, which shall occur after the Contract is executed by the Developer. "Default Notice" shall have the meaning provided in Section 10 of this Contract. "Delivery Point" means the location designated by Developer where each delivery of Solid Waste shall be made by the County. The Delivery Point shall be the tipping floor inside the Baling Building, unless this Contract provides or the Parties agree otherwise. "Developer" shall mean Green3Power St. Lucie, LLC. "Diesel Fuel" means synthetic fuel that is produced at the Facility and complies with the criteria in Schedule 8 (Specification for No. 2 Diesel Fuel) in the Agreement. "Director" means the Director of the County's Solid Waste management operations or the Director's designee. "Effective Date" shall mean the date when the Agreement was duly approved and executed by the Board. The Effective Date is August 4, 2015. "Event of Default" means with respect to a Party: (a) The failure of that Party to make payment as required or perform any other material obligation under this Contract; (b) That Party experiences an Insolvency Event; or (c) The making by that Party of a materially incorrect or misleading representation or warranty in this Contract, provided that the Default Notice is delivered promptly after the other Party discovers the presence of such materially incorrect or misleading representation or warranty in this Contract. "Excavated C&D Debris" means C&D Debris that was placed in and subsequently y removed from the C&D Disposal Area for Processing at the Facility. Excavated C&D Debris J includes C&D wood, soil, cover material, and other materials excavated from the C&D Disposal Area. 00 0 "Excavated Class I Waste" means Class I Waste that was placed in and subsequently removed from the Class I Landfill for Processing at the Facility. Excavated Class I Waste 80 Q Packet Pg. 346 10.B.1.c includes soil, cover material, and other materials excavated from the Class I Landfill. "Excavated Waste" means Solid Waste that was delivered to the County at the Complex, placed in the Class I Landfill or the C&D Disposal Area, and subsequently excavated and delivered to Developer for Processing at the Facility. Excavated Waste includes Excavated Class I Waste, Excavated Yard Trash, and Excavated C&D Debris. "Excavated Yard Trash" means Yard Trash that was placed in and subsequently removed from the Landfills for Processing at the Facility. "Existing Maintenance Building" means the building currently on the Site that the County uses as maintenance shop for the County's equipment and vehicles. The Existing Maintenance Building is depicted on Exhibit 3. "Existing Office Building" means the building currently located on the Site that contains some of the County's vacant administrative offices. The Existing Office Building is depicted on Exhibit 3. "F.A.C." means the Florida Administrative Code, "Facility" means the buildings, structures, Improvements, equipment, appurtenances, and other assets that will be built or installed on the Site and employed by Developer in handling, storing, sorting, recycling, and gasifying Solid Waste, or producing and managing Diesel Fuel, By -Products, and wastes. The Facility includes the Gasification Building, Baling Building, Powerhouse Building, Water Cooled Condensers, Stacks, Leachate/Water Treatment Facility, Product Storage Tanks, and G3P Maintenance Facility, as depicted in Exhibit 4 to this Contract. "FDEP" means the Florida Department of Environmental Protection or any successor agency. a° M "Final Completion" means the successful completion of all Final Punchlist items, in compliance with the requirements in this Contract, for a Construction Project. "Final Design" means the Developer's final plans and specifications for the construction 3 r of the Facility. L .W c "Final Punchlist" means the final Checklist of items that must be completed on a v Construction Project in order to achieve Final Completion. "Financial Assurance Mechanism" shall have the meaning provided in Section 15(c) of the Agreement. "Florida Prompt Payment Act" means the Florida Prompt Payment Act contained in m Section 218.70 et seq., Florida Statutes. If the Florida Prompt Payment Act is repealed, in whole o or in part, such repealed portions shall continue to apply to this Contract, unless such portions violate Applicable Law. r 81 M Q Packet Pg. 347 10.B.1.c "Fixture" means an item or article that was a chattel, but which was physically annexed or affixed to the Site and is incapable of being removed without structural or functional damage to the Site, and has become a part and parcel of the Site and/or the Improvements. "Force Majeure" means an act, event, or condition that substantially and adversely affects the Developer's or the County's ability to perform under this Contract, and is described in one or more of the provisions of (a) through (h), below: (a) An act of God, including a hurricane, tornado, landslide, lightning, earthquake, fire, or flood, and any explosion, act of a public enemy, war, terrorism, blockade, insurrection, riot, or civil disturbance; (b) Any order or judgment of any federal, state, or local court, administrative agency or other Governmental Authority, excepting decisions of federal courts interpreting federal tax laws and decisions of state courts interpreting state tax laws, if it is not also the result of the misconduct or negligent action or inaction of the Party relying thereon or of a Person for whom the Party relying thereon is responsible; provided that neither the contesting in good faith of any such order or judgment nor the failure to so contest shall constitute or be construed as a measure of willful misconduct or negligent action or inaction of such Party; (c) The failure to issue, suspension, termination, interruption, denial, or failure of renewal of any Permit or approval essential to the Parties' activities under this Contract; provided that such act or event is not the result of the misconduct or negligent action or inaction of the Party relying thereon or of a Person for whom the Party relying thereon is responsible; and provided further that neither the contesting in good faith of any such action nor the failure to so contest shall constitute or be construed as a measure of willful or negligent action or inaction of such Party; (d) A Change in Law; (e) The failure of any appropriate federal, state, or local public agency or private utility having operational jurisdiction in the area in which the Site is located, other than the County, to provide and maintain utilities, services, water and sewer lines, and power transmission lines which are required for and essential to the operation of the Facility or Complex; (f) Any unforeseen condition (including the presence of Hazardous J Waste) which shall prevent, or require redesign or change in, the construction or operation of the Facility on the Site, provided that the condition was actually and constructively unknown to the Party claiming a Force Majeure event, and could c have not been discovered with the use of reasonable diligence by the Party on or before the Date of Execution of this Contract; or E 82 v Q Packet Pg. 348 10.B.1.c (g) The condemnation, taking, seizure, involuntary conversion, or requisition of title to or use of the Site or any material portion or part thereof taken by the action of any Governmental Authority, other than the County; (h) Any act, event, or condition which is determined by mutual agreement of the County and Developer to be of the same general type, and subject to the same conditions, as those set forth in subparagraphs (a) through (g), above. Notwithstanding anything else contained herein, Force Majeure shall not be deemed to include any act, event, or condition not described in subparagraphs (a) through (h) above, or any act, event, or condition over which a Party relying thereon (including any Person for whose performance such Party is responsible) reasonably has any influence or control, or any act, event, or condition arising out of labor strikes, labor shortages, or similar labor difficulties, or changing economic conditions or economic hardships. "Franchisee" means the Person that is authorized by the County, pursuant to a franchise agreement, to collect Garbage in the County. "Garbage" means all kitchen and table food waste, and animal or vegetative waste that is attendant with or results from the storage, preparation, cooking, or handling of food materials. "Gasification Building" means the building where the Developer's gasification equipment will be located, as depicted in Exhibit 4 to the Contract. "Governmental Authoriy'means any local, regional, state, federal or other governmental agency or entity that has jurisdiction over any aspect of the Facility or the Parties' activities under the Contract. "Hazardous Waste" means any material or substance which by reason of its composition or characteristics is (a) a hazardous waste as defined in the Solid Waste Disposal Act, 42 USC §6901 et seq., as amended, replaced or superseded, and the regulations implementing same, or (b) a material regulated under the Toxic Substances Control Act, 15 USC §2601, et seq., as amended, replaced or superseded, and the regulations implementing same, or (c) special nuclear or products material within the meaning of the Atomic Energy Act of 1954, or (d) treated as a hazardous waste, toxic waste, chemical waste, toxic substance or hazardous substance under the Florida Administrative Code, Florida Statutes, or any other Applicable Law. If any Governmental Authority determines that a substance is a Hazardous Waste when Processed at the Facility, then such substance shall be deemed to be Hazardous Waste for the purposes of this Contract. "Ho_ liday' means Independence Day, Thanksgiving Day, and Christmas Day, and any o other day mutually designated as a Holiday by both Parties. as E 83 v Q Packet Pg. 349 10.B.1.c "HVAC" means heating, ventilation, and air conditioning systems. "Im rovements" means all buildings, structures, Fixtures, and equipment that Developer builds or installs on the Site or Complex, including all such items related to the Developer's management of the program of developing and operating the Facility and designing and constructing ancillary improvements, described in this Contract and the Agreement. "INA" means the Immigration and Nationality Act, which is codified at 8 U.S. Code, Chapter 12. "Indemnified Loss" means all actual costs, losses, damages, expenses, and liabilities, including but not limited to attorneys' fees, court costs, and expert witness fees in trial, appellate, and bankruptcy proceedings. An Indemnified Loss includes, but is not limited to: (a) any bodily injury, sickness, disease, or death; (b) any claim arising under or for any actual or alleged violation of any Applicable Law (including workers' compensation laws, environmental laws, and health and safety laws) or any common law duty; (c) any actual or alleged infringement of any intellectual rights or property of any Person; (d) any actual or alleged Pollution or damage or destruction to property, natural resources, or the environment; (e) any damage to public or private property; (f) any lawsuit resulting from or related to the designation by the Developer of any document or material as exempt from public disclosure; and (g) defending, settling, prosecuting, investigating, or participating in (as a witness or otherwise) any proceeding that arises out of or pertains to any of the foregoing; in each case, without regard to or limitation by the amount or type of benefits, damages, or compensation payable by or for the Developer, any subcontractor, or any subcontractor of a subcontractor under any insurance policy or any Applicable Law (including employee benefits, disability benefits, and workers' compensation laws). "Initial Term" means the initial period of time when this Contract shall be in effect, beginning on the Date of Execution and continuing thereafter as provided in Section 2.5(a) of the Contract. "Initial Walkthrou " or "W' means the first walkthrough of a Construction Project by the County and the Developer, after the issuance of a certificate of occupancy for the New Office Building or the New Maintenance Building or after Substantial Completion of the Facility, to develop a preliminary Checklist of items to be performed by the Developer's contractor, based upon observations made jointly between the contractor and the Parties. "Insolvency Event" with respect to a Parry means that either that Party: (a) is dissolved (other than pursuant to a consolidation, amalgamation or merger); (b) makes a general assignment, arrangement, or composition with or for the benefit of its creditors; c T yr (c) institutes or has instituted against it a proceeding (which is not 84 M Q Packet Pg. 350 10.B.1.c dismissed within ninety (90) days of its fling) seeking a judgment of insolvency or bankruptcy or any other relief under any bankruptcy or insolvency law or other similar law affecting creditors' rights, or a petition is presented for its winding -up or liquidation, and such proceeding or petition is not dismissed within ninety (90) days after it is filed; (d) has a resolution passed for its winding -up or liquidation (other than pursuant to a consolidation, amalgamation or merger); (e) seeks or becomes subject to the appointment of an administrator, provisional liquidator, conservator, receiver, trustee, custodian or other similar official for it or for all or substantially all its assets; or (f) has a secured party take possession of all or substantially all its assets or has a distress, execution, attachment, sequestration or other legal process levied, enforced or sued on or against all or substantially all its assets. "Interconnection Point" means the location at the boundary of the Site where the County's leachate pipeline shall interconnect with the Developer's leachate pipeline, pursuant to Section 5.2(g) of the Agreement. "Landfills" means the Class I Landfill and the C&D Disposal Area, collectively. "License" means an authorization granted from the County to the Developer, pursuant to this Contract, to enter the Site and conduct specific activities on the Site. "Load" means any Solid Waste, Recyclable Material, and other cargo that is transported to the Site in a delivery vehicle. "Manager" means the senior employee of Developer that is responsible for supervising and managing Developer's activities under the Contract. "Monthly Report" means the report prepared by Developer pursuant to Section 6.16 of the Agreement. "Municipal Solid Waste" or "MSW" shall have the meaning provided in Section 403.706(5), Florida Statutes. "New C&D Debris" means C&D Debris that is delivered to the Complex and then delivered to the Facility, without being placed in either one of the Landfills before being delivered to the Facility. "New Class I Waste" means Class I Waste that is delivered to the Complex and then m delivered to the Facility, without being placed in either one of the Landfills before being o delivered to the Facility. E 85 M Q Packet Pg. 351 10.B.1.c "New Maintenance Building" means the new building that will be constructed by the Developer on the Site and used for the maintenance of the County's equipment and vehicles, as well as the storage of the County's spare parts. The New Maintenance Building is depicted in Exhibits 4 and 6 to this Contract. "New Office Building" means the new building that will be constructed by the Developer on the Site and used by the County and Developer for administrative offices. The New Office Building is depicted in Exhibits 4 and 5 to this Contract. "New Parkin Lot" means the new parking area that will be constructed by the Developer, as depicted in Exhibit 4 to this Contract. "New Receiving Area for Waste Tires" means the new area that will be constructed by the Developer and used to receive any Waste Tires that are delivered to the Site. The New Receiving Area for Waste Tires is depicted in Exhibit 4 to this Contract. "New Receiving Area for New Yard Trash" means the new area that will be constructed by the Developer and used to receive New Yard Trash that is delivered to the Site. The New Receiving Area for New Yard Trash is depicted in Exhibit 4 to this Contract. "New Solid Waste" means Solid Waste that is delivered to the Complex and then delivered to the Facility, without being placed in either one of the Landfills before being delivered to the Facility. New Solid Waste includes New Class I Waste, New Yard Trash, and New C&D Debris. "New Yard Trash" means Yard Trash that is delivered to the Complex and then delivered to the Facility, without being placed in either one of the Landfills before being delivered to the Facility. "Obiectionable Odors" means any odor present in the outdoor atmosphere which by itself or in combination with other odors, is or may be harmful or injurious to human health or welfare, which unreasonably interferes with the comfortable use and enjoyment of life or property, or which creates a nuisance. "Operations Plan" means the Developer's plan of operations at the Facility, as described in Section 5.1(h) of the Agreement. "OSHA" means the Occupational Safety and Health Administration. "Parties" means the County and the Developer. "Party" means the County or Developer, as the context may require. m "Permit Drawings" means the design drawings and specifications that the Developer o submits to the FDEP or other Governmental Authority to obtain the Permits for the Facility. E 86 v Q Packet Pg. 352 10.B.1.c "Permits" means any and all permits, licenses, approvals or other authorizations required by a Governmental Authority for the activities contemplated under the Agreement. "Person" shall mean any and all persons, natural or artificial, including any individual, firm, partnership, joint venture, or other association, however organized; any municipal or private corporation organized or existing under the laws of the State of Florida or any other state; any county or municipality; and any governmental agency of any state or the federal government. "Planned Outages" means periods of scheduled maintenance or other activities when Developer will reduce the rate at which the Facility is Processing Solid Waste. "Pollution" shall have the meaning provided in Section 403.031(7), F.S. "Proceeds" means the amount paid on a Builder's Risk or All Risks insurance policy for a Construction Project, as described in Section 3.6(o)(2)(B) of the Contract. "Process", "Processed", and "Processing" means to subject Solid Waste or other material to the gasification process at the Facility and thereby convert the material to gas, Ash, Diesel Fuel, and By -Products. "Processing Fee" means the fee that the County will pay to Developer for Processing the County's Solid Waste. "Prohibited Waste" means Solid Waste that shall not be Processed at the Facility because it is (a) Hazardous Waste; (b) prohibited by Permit or other Applicable Law; (c) Biomedical Waste; or (d) deemed to be an operational, health or safety hazard, as determined by Developer in consultation with the County. However, Prohibited Waste does not include Garbage, Yard Trash, Waste Tires, or the combustible components of C&D Debris. "Project Manager" means an individual designated by the County or Developer to oversee a Construction Project on their behalf and serve as their spokesperson with regard to the Construction Project. "Receiving Time at the Complex" means the period when the Complex is open and available for the receipt and delivery of Solid Waste, as set forth in Section 5.2(d) of the Agreement. "Receiving Time at the Facility' means the period when the Facility is open and available for the receipt and delivery of Solid Waste, as set forth in Section 5.3(d) of the Agreement. "Recyclable Materials" shall have the meaning provided in Rule 62-701.200(98), F.A.C. "Refuse Derived Fuel" means Solid Waste that has been sorted, shredded, and otherwise m prepared to be used as fuel in the Facility. c c "Rejectable Materials" means Solid Waste that cannot be Processed by the Facility or r 87 v Q Packet Pg. 353 10.B.1.c recycled. Rejectable Materials include, but are not limited to bricks, concrete, glass, and soil However, Rejectable Materials do not include Garbage, Yard Trash, Waste Tires, or the combustible components of C&D Debris. "Release of Hazardous Waste" means a spill, leak, discharge, or other release of Hazardous Waste or Diesel Fuel, as described in Section 16.4 of the Contract. "Renewable Enemy_ Credit" and "REC" mean all attributes of an environmental or similar nature that are created or otherwise arise from the Facility's generation of electricity or Diesel Fuel from Solid Waste in contrast with the generation of electricity or Diesel Fuel using nuclear or fossil fuels or other traditional resources, including all tax credits, cash grants in lieu of tax credits and other tax attributes and benefits. Forms of such attributes include any and all environmental air quality credits, green credits, including carbon credits, emissions reduction credits, greenhouse gas credits, certificates, tags, offsets, allowances, or similar products or rights, howsoever entitled, (a) resulting from the avoidance of the emission of any Pollution, gas, chemical, or other substance, including mercury, nitrogen oxide, sulfur dioxide, carbon dioxide, carbon monoxide, particulate matter or similar pollutants or contaminants of air, water or soil gas, chemical, or other substance, and (b) attributable to the generation, purchase, sale or use of electricity, steam, or Diesel Fuel from the Facility. Renewable Energy Credits include those currently existing or arising during the Term under local, state, regional, federal, or international legislation or regulation relevant to the avoidance of any emission under any governmental, regulatory or voluntary program. "Renewal Term" shall have the meaning provided in Section 2.5(a) of the Contract. "Schedule" means a schedule attached to the Agreement, unless the context or usage of such term clearly indicates a reference to another document. "Site" means the property, structures, Fixtures, and improvements at the Complex that will be leased to and used by Developer pursuant to the Agreement and the Contract. The Site is generally depicted in Exhibit 3 and more particularly described in Exhibit 7. The Site includes the Baling Building. "Site Development Plans" means the plans, drawings, and specifications for the construction and operation of the Facility. The Site Development Plans includes the Permit Drawings and the Final Plans. "Solid Waste" has the meaning provided in Section 403.703(32), Florida Statutes. Solid Waste includes, but is not limited to, New Solid Waste, Excavated Waste and Waste Tires. "Source Separate Recyclable Materials" means Recyclable Materials that are separated by the generator (e.g., a business or homeowner) and set out for collection and Recycling by the County or its designee. c T yr "Startup and CommissioningPeriod" means the time period after the Completion of 88 M Q Packet Pg. 354 10.B.1.c Construction during which the Facility will operate intermittently while Developer's engineers test and adjust the Facility's operating systems and equipment in order to ensure that the Facility will Process at least seven thousand (7,000) Tons per week of Solid Waste (as described in Section 4.1 of the Agreement) on a continuous basis. "Substantial Completion" shall mean (a) with regard to the Facility, the Facility is ready to commence the Startup and Commissioning Period; and (b) with regard to other Construction Projects, the Developer has achieved a level of completion that allows the entire project to be used for its intended purposes, with the exception of incidental or incomplete items, unless the lack of completion of such incidental or incomplete items of work will adversely affect the complete operation of the other aspects of the work. "Term" means the period of time when this Contract is in effect. "Tipping Fee" means the fee that is charged by the County for the disposal of Solid Waste at the Complex. "Ton" means 2,000 pounds. "TPD" means Tons per day. "Trade Secrets" has the meaning provided in Section 688.002(4), Florida Statutes. "Trommel" means a revolving or vibrating screen that is used to reduce the amount of soil included in Excavated Waste. "Unplanned Outages" means periods when Developer must reduce the rate at which the Facility is Processing Solid Waste because of an unexpected need for maintenance, repair or other reasons. "Utility Services" means the provision of potable water, electricity, natural gas, and other similar utility services needed for the construction, commissioning, operation, or maintenance of the Facility, including but not limited to services for the discharge of any domestic wastewater (sewer) and industrial wastewater. "Waste Tire" has the meaning provided in Rule 62-701.200(126), F.A.C. "White Goods" shall have the meaning provided in Section 403.703(42), Florida Statutes. "Yard Trash" has the meaning provided in Section 403.703(43), Florida Statutes. Yard Trash includes New Yard Trash and Excavated Yard Trash. 00 0 T yr d E t 89 M Q Packet Pg. 355 10.B.1.c EXHIBIT 2 AERIAL PHOTOGRAPH OF THE COMPLEX r m O a+ C N t 90 a r a Packet Pg. 356 10.B.1.c 0 0 w_ U D J H U) i O Q Z ZZ H W U 2 Z i7 of O Q d 0 a. Q Packet Pg. 357 10.B.1.c EXHIBIT 3 AERIAL PHOTOGRAPH OF THE SITE r m O a+ C N t 91 r a Packet Pg. 358 10.B.1.c w U J H d i d z Z H Z I--w o w w g z w o IL 0 d Lo O M L kip Q Packet Pg. 359 10.B.1.c EXHIBIT 4 SITE DEVELOPMENT PLAN r m O a+ C N t 92 ca a+ Q Packet Pg. 360 s s r 1J �C p Z v D ,r cn to Z D limn O -0 7 Im m � � ' m Zi Z iy GD7 um � I,� a r D n X n'D lm �'r ♦ �Y y Z,� m'z n D Z, C h FJZ Y G7 � 'm IE- 7 I c) m Im � COcn { mD r ' , ;a s _J rJNj Al 1 - ti z� r z> one% z:z `mac A FD a0 m CO 70 70 a �z cu m r •'yr 10.B.1.c EXHIBIT 5 CONCEPTUAL LAYOUT OF THE NEW OFFICE BUILDING 93 Q Packet Pg. 362 10.B.1.c Q Packet Pg. 363 10.B.1.c EXHIBIT 6 CONCEPTUAL LAYOUT OF NEW MAINTENANCE BUILDING r m O a+ C N t 94 r a Packet Pg. 364 10.B.1.c a- w 0 0 J a Lw �--r U O p J C Z J w M0 a, 3 a--r Q V 4 C.} c� x Qf::5 W LLJo o� J Z LJ Ir 5JFOA 4 C) 4 D Z P w Z Q Q mm fyF� Quo — aQo U)aIr- Lrl."tLr1J a z �Ln < z zm -6L 19 z Q J CY_ 0 0 L.� _J U Q w U z Q z W Z Q 0 0 cn w U H 0 z z z z U w 0 uj w g z W �w< IL o IL Lou Ing f+P� T m O T d E t ii m Q Packet Pg. 365 10.B.1.c EXHIBIT 7 LEGAL DESCRIPTION OF SITE [TO BE ATTACHED BY THE COUNTY] r m O a+ C N t 95 a Packet Pg. 366 10.B.1.c 0 o0 00 :- 0 0 r7 0 .. S 89'41'57" W 144.00' 0 0 r 1 Y 3 M c oc 0' 200' P.O.C. SW CORNER SEC. 36 TWP. 35S, RGE. 39E -- V N 89'41'57" E- 201 6.87' N 89'47'55" E 1039.70' 26.31 f ACRES 1,146,212 f SQUARE FEET S 89'41'57" W z w o� 00 o o;S 89'41'57" W 0 235.00' �I I �I I 433.00' 3 o0 0 00 f: O N 0 :. Lp kp �0 F S 89'41'57" W 408.00' --t------------------------------ ------------------ 7I o 170' F.P.L. EASEMENT 281.00' of NBOOK 119, PAGE 405 S.L.C.O.R. I zl 1 i I ST. LUCIE COUNTY SOLID WASTE DEPARTMENT 0 Li r� w a 0 Ln p 0 0 [l SOUTH -LINE SECTION 36_T_WP. 35S_ _RGE. 39E_ NORTH LINE SECTION 1 TWP. 36S, RGE. 39E / N.S.L.R.W.C.D. CANAL NO. 102 90' R1W EROMAN 6 ANTHONY 5405 OKEECHOSEE BLVD.. SURE 200 WEST PALM BEACH, FL 33417 GREENS POWER LEASE TRACT 600268�00 1 V'= 200' ' 07/15/16 ' 1 OF 2 m 0 N E u 2 a Packet Pg. 367 10.B.1.c LEGAL DESCRIPTION: LYING iN SECTION 36. TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 36; THENCE NORTH 89'4157" EAST, 2016.87 FEET ALONG THE SOUTH LINE OF SAID SECTION 36 TO A POINT; THENCE NORTH 00'18'03" WEST, 402.00 FEET CROSSING AN EXISTING 170 FOOT WIDE F.P.&L. EASEMENT TO THE POINT OF BEGINNING. THENCE NORTH 00'1803" WEST, 701.00 FEET TO A POINT; THENCE SOUTH 89'41'57" WEST, 144.00 FEET TO A POINT; THENCE NORTH 00'18'03" WEST, 364.00 FEET TO A POINT; THENCE NORTH 89'47'55" EAST, 1039.70 FEET TO A POINT; THENCE SOUTH 34"42'OD" EAST, 301.35 FEET TO A POINT; THENCE SOUTH 00'55DO" EAST, 935.60 FEET TO A POINT; THENCE SOUTH 89'41'57" WEST, 408.00 FEET TO A POINT; THENCE NORTH 00*1803" WEST, 278.00 FEET TO A POINT; THENCE SOUTH 89*4157" WEST, 433.00 FEET TO A POINT; THENCE SOUTH 00'18'03" EAST, 166.00 FEET TO A POINT; THENCE SOUTH 89'41'57" WEST, 235.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 26.31 ACRES (1,146,212 SQUARE FEET) MORE OR LESS. SURVEYOR'S NOTES: 1. BEARINGS SHOWN HEREON ARE BASED UPON THE STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE, NORTH AMERICAN DATUM OF 1983 (2007 ADJUSTMENT) WITH INFORMATION SUPPLIED BY NATIONAL GEODETIC SURVEY (NGS) AND WAS ESTABLISHED BY GPS OBSERVATIONS AND ARE REFERENCED TO MONUMENTS FOUND ALONG THE SOUTH LINE OF SECTION 36. TOWNSHIP 35 SOUTH. RANGE 39 EAST, ALL OTHER BEARINGS ARE RELATIVE THERETO. 2. THIS SKETCH IS NOT A SURVEY, 3, NO TITLE COMMITMENT WAS PROVIDED AND THE SURVEYOR DID NOT ABSTRACT THE PROPERTY FOR RECORD INSTRUMENTS THAT AFFECT, RESTRICT, OR OTHERWISE ENCUMBER THE SUBJECT TRACT. 4. LINEAR UNITS ARE US SURVEY FEET_ 5. SURVEY MAP AND REPORT OR THE COPIES THEREOF ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 6. ADDITIONS OR DELETIONS TO THIS MAP AND REPORT BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 7. THIS MAP IS INTENDED TO BE DISPLAYED AT A SCALE OF 1"=200' OR SMALLER. 8. THIS REPORT IS NEITHER FULL NOR COMPLETE WITHOUT ALL SHEETS OF THIS SET. ABBREVIATIONS: F.P.&L. = FLORIDA POWER AND LIGHT COMPANY RGE. = RANGE LB = LICENSED BUSINESS R/W = RIGHT OF WAY N.S.L.R.W.C.D. NORTH ST. LUCIE RIVER SEC. = SECTION WATER CONTROL DISTRICT S.L..0.R. = ST. LUCIE COUNTY OFFICIAL RECORDS P.O.B. - POINT OF BEGINNING TWP. m TOWNSHIP P.O.C. = POINT OF COMMENCEMENT PSM - PROFESSIONAL SURVEYOR & MAPPER SURVEYOR'S CERTIFICATION: I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION SHOWN HEREON IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. ALSO, THIS SKETCH AND LEGAL COMPLIES WITH THE STANDARDS OF PRACTICE, AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17, FLORIDA ADMI TRATVE CODE, PURSUANT TO FLORIDA STATUTE 472.027, FLORIDA STATUTES. `7-/S— 7 C- JI SULLIVA PS DATE ENSE NUMBER LS6889 LICENSE BUSINESS NUMBER LB7334 P E R D M A N GREENS POWER ST. LUCIE COUNTY .ANTHONY LEASE TRACT SOLID WASTE DEPARTMENT 5405 OKEECHOBEE BLVD., SME 200 wEsr PALM BEACH, FL 33417 6026$.00 1" = 2D0' 07/15/16 2 OF 2 PHONE:.(5611 753-9723 L87334 Y Q Packet Pg. 368 10.B.1.c EXHIBIT 8 MEMORANDUM OF CONTRACT [To be prepared by County] r m O a+ C N t 96 a Packet Pg. 369 10.B.1.c EXHIBIT 9 DESIGN DRAWINGS FOR OFFICES IN BALING BUILDING [To be attached by County in CD disk] r m O a+ C N t 97 a Packet Pg. 370 10.B.1.c EXHIBIT 10 SPECIFICATIONS FOR OFFICES IN BALING BUILDING [To be attached by County] r m O r a+ C N t 98 a+ Q Packet Pg. 371