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RECORDED IN THE PUBLIC RECORDS OF
RYAN L. BUTLER, CLERK OF COURT
INDIAN RIVER COUNTY FL
BK: 3806 PG: 969 Page 1 of 10 9/24/2025 4:08 PM
FIRST AMENDMENT TO 2023
INTERLOCAL AGREEMENT
PROPOSED MEDICAL EXAMINER FACILITY
THIS IS A FIRST AMENDMENT TO THE 2023 INTERLOCAL AGREEMENT by and between
the MEDICAL EXAMINER FOR THE 19TH JUDICIAL CIRCUIT ("ME"), the DISTRICT BOARD OF
TRUSTEES OF INDIAN RIVER STATE COLLEGE (the "Trustees"), and INDIAN RIVER COUNTY,
MARTIN COUNTY, OKEECHOBEE COUNTY, and ST. LUCIE COUNTY, political subdivisions of the
State of Florida that collectively constitute the 19th Judicial Circuit (the "Counties"), which was
entered into for the purpose of locating, designing, permitting and constructing a new facility for
the ME (the "New Improvements" or "Project").
WHEREAS, the Parties entered into an Interlocal Agreement in 2025 for the purposes of
locating, designing, permitting and constructing New Improvements for the ME; and
WHEREAS, the Parties have completed the process of locating the New Improvements
(through a long-term lease with the Trustees) and have also completed and approved the design
of the New Improvements and are in the process of permitting the construction of the Facility;
and
WHEREAS, the Architect designing the New Improvements has provided the Parties with
an estimate of the cost to construct the New Improvements as set forth herein; and
WHEREAS, each of the Counties has budgeted and appropriated the monies needed to
find the construction of the New Improvements based on the County share calculation set out in
Section 4a ix in the 2023 Interlocal Agreement; and
WHEREAS, the Parties desire to amend the 2023 Interlocal Agreement to provide more
specificity as to how the New Improvement will be funded and how the Contractor will be
procured.
NOW THEREFORE, in consideration of the mutual advantages afforded to the Parties, the
Trustees, the Counties, and the ME agree as follows:
1. General. This Amendment is entered into pursuant to Section 163.01, Fla. Stat., the
Florida Interlocal Cooperation Act.
2. Recitals. These Parties adopt and ratify those matters set forth in the foregoing recitals.
3. Paragraph 4d "Phase 3 Construction" is amended to read as follows:
d. Phase 3 Construction
i. The Architect's estimated cost to construct the New Improvements is
twenty-two million and 0/100 ($22,000,000.00) dollars (the "New
Improvements Construction Budget"). Each of the Counties approved the
New Improvements Construction Budget as defined and required by
Section 4(d) of the Interlocal Agreement in November 2024 and approved
St. Lucie proceeding with the competitive procurement and contracting of
a Contractor for the New Improvements.
ii. Each of the Counties have budgeted and appropriated the monies needed
to fund the construction of the New Improvements Construction Budget
based on the County share calculation formula set out in Section 4a ix of
the 2023 Interlocal Agreement. The Counties shall provide the funds to
St. Lucie within thirty (30) days from receipt of invoice from St. Lucie.
iii. St. Lucie, for the benefit of the Non -Trustee Parties, shall, through a
publicly advertised competitive process, in accordance with Florida Law
and St. Lucie's Procurement Policy 11.1, competitively procure a contractor
(the "Contractor") for the construction of the New Improvements in
accordance with the approved Phase 2 Design Components (the "Work")
by shortlisting contractors on a qualifications basis and then requesting
bids from the shortlisted contractors. The Selection Committee shall
review the qualifications of the contractors and shall recommend the
shortlisting of the most highly qualified contractors. The final award
criteria shall be a hard bid selection based on the lowest responsive,
responsible bidder. St. Lucie shall then execute a Construction Contract
with the selected Contractor including terms that are fair, competitive,
and reasonable and the terms set forth below, with the selected
Contractor.
iv. In the event that the construction bids and ultimate contract award are
below the New Improvements Construction Budget, St. Lucie will maintain
the excess funds in trust for use as a contingency against change orders
and claims, as per the Interlocal Agreement and Section 3(d)(v) below. In
the event that the lowest responsive, responsible bid exceeds the New
Improvements Construction Budget, St. Lucie shall advise the Counties of
the additional contributions necessary per the sharing structure of the
Interlocal Agreement. If all Counties agree on the additional costs, each
County shall fund its pro rata share of the additional costs per Paragraph
4(a)(ix) of the Interlocal Agreement and amend the New Improvements
Construction Budget to correspond to the construction bid referenced in
(iii) above. If there is no unanimous agreement of the Counties on the
additional costs, St. Lucie will, in its sole discretion, either (1) work with
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the Architect to evaluate cost saving measures (value engineering) to
reduce project scope or design, material costs, or modification of other
project elements, while maintaining the objectives of the New
Improvements, and rebid the Project; or (2) the Project shall not proceed
and this Interlocal Agreement shall expire. In the event the Project is
completed at a total cost that is less than the New Improvements
Construction Budget, St Lucie County shall return the remainder to the
Counties per their pro rata share contribution.
v. Nothing in this Agreement shall obligate the Counties to provide funding
for the construction of the Facility in excess of the approved New
Improvements Construction Budget. The monies provided by the Counties
to fund the approved New Improvements Construction Budget shall be
used to fund the New Improvements only and for no other purpose.
(1) Change Orders that increase the New Improvements Construction
Budget shall be addressed as set forth in the Interlocal Agreement.
Change Orders related to the approved architectural plans that
maintain the construction costs within the New Improvements
Construction Budget or for other non -monetary relief, including time,
may by approved by St. Lucie in its sole discretion, with notice and
copy of the Change Order to the Non -Trustee Parties. Change Orders
adding new work scope requires unanimous approval by the Counties
per the Interlocal Agreement.
(2) Judgments or rulings on claims raised by the Contractor, and all
defense or prosecution costs incurred by St. Lucie, shall be paid by the
Counties in accordance with their pro rata sharing of costs as set forth
in Paragraph 4(a)(ix) of the Interlocal Agreement. Settlements on any
such claims or judgments must be unanimously approved by the
Counties, and upon approval, shall be paid by the Counties in
accordance with their pro rata sharing of costs as set forth in the
Interlocal Agreement
vi. The Construction Contract shall, inter glia, include each of the following
requirements related to all work under the Construction Contract:
1. the furnishing of a public construction bond in a form consistent with
Section 255.05, Fla. Stat., with St. Lucie named as co -obligee;
2. retainage in an amount acceptable to St. Lucie for the Work, until the
Completion of the Work (including a retainage of 5% of the total value
of the construction contract) and required at 50% completion as set
forth in Section 255.078, Fla. Stat.;
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3. payment by the Contractor of liquidated damages for each day from
and after the Required Completion Date (if and as that term or its
equivalent is defined in the Construction Contract) until the actual
date of Completion;
4. a requirement that the Contractor perform and achieve Completion
of the Work for a Guaranteed Maximum Price or fixed stipulated sum,
by no later than the Required Completion Date;
5. the furnishing of an "installation floater" insurance policy or such
other policy of insurance covering goods in transit and while the Work
is being performed, with terms, limits, coverages and specifications
acceptable to St. Lucie;
6. the provision of an Owner's Contractor Protective policy of insurance,
including extensions for products and completed operations coverage
and similar extended coverage at least through Completion (as
defined herein) of the Work, or another policy of insurance
acceptable to St. Lucie, with the Counties as a named insured;
7. the Counties shall be named as a third -party beneficiary in the
Construction Contract.
4. After Final Completion of the Project, St. Lucie County shall provide the Counties with
a final Project accounting depicting final cost of the work relative to the New
Improvements Construction Budget, including deviations from initial contract price;
and in the event of any remainder monies, St Lucie County shall provide an accounting
on the disbursements back to the Counties in accordance with their pro rata
contributions.
5. Except as amended herein the remaining terms and conditions of the 2023 Interlocal
Agreement shall remain in full force and effect.
6. This First Amendment shall be filed with the Clerks of the Circuit Court of Indian River
County, Martin County, Okeechobee County and St. Lucie County, prior to its
effectiveness.
IN WITNESS WHEREOF, the parties have executed this First Amendment by their duly
authorized officials on the dates stated below. This First Amendment may be executed in
counterparts and each fully executed counterpart shall be deemed an original instrument.
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WITNESS:
DISTRICT BOARD OF TRUSTEES OF
INDIAN RIVER STATE COLLEGE
BY:
Timf6�Moore, Ph.D., President
Name: Christa Luna, Chair
Date: August 26, 2025
APPROVED AS TO FORM &
LEGAL SUFFICIENCY:
�Lg' (
CAROLINE A. VALENTIN
GENERAL COUNSEL
ATTEST:
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
BY:
Chair, Board of County
Commissioners
(SEAL) Date: July 1, 2025
APPROVED AS TO FORM AND
CORRECTNESS:
Cou y Attorney
•••pb�MISSj
vJ'fii, ••'k `•
ATTEST:
kJAQ ••Deo '
®`� i LYN NN, CLERK OF THE
CIR RTi COURT AND COMPTROLLER
s �'`Fa,e, <o:eaoa:6ea
BOARD OF COUNTY COMMISSIONERS
MARTIN COUNTY, FLORIDA
40 / A�
SARAH HEARD, CHAIR
APPROVED AS TO FORM & LEGAL
SUFFICIENCY:
SARAH W. WOODS, COUNTY ATTORNEY
ATTEST:
Vol-- llp�0 jp
BOARD OF COUNTY COMMISSIONERS
OKEECHOBEE COUNTY, FLORIDA
BY: /J
r, Board of Co
Commissioners
Date:
APPROVED AS TO FORM AND
CORRECTNESS:
County Attorney
ATTEST:
Clerk
off`
Gc�F CouNfl•f`
6
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
B - saa_-��Am
Chair, Board of County
ommissioners
Date:��3 61oa-6-
APPROVED AS TO FORM AND
CORRECTNESS /1-N
County Attorn
COMMISSION
RHODE JESSICA JEAND-PHILIPPE
N # HH 639087
go
w Commisslo
10, 2029
+; EXPIRES: February 10, 2029
10
MEDICAL EXAMINER DISTRICT 19,
FLORIDA
By:
Date: (L — 5 - 3c'D 5