HomeMy WebLinkAbout11/17/2015 (4)BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, NOVEMBER 17, 2015 - 9:00 A.M.
Commission Chambers
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
COUNTY COMMISSIONERS DISTRICT
Wesley S. Davis, Chairman
Bob Solari, Vice Chairman
Joseph E. Flescher
Peter D. O'Bryan
Tim Zorc
District 1
District 5
District 2
District 4
District 3
Joseph A. Baird, County Administrator
Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk of the Circuit
Court and Comptroller
1. CALL TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
9:00 A.M.
Deputy Teddy Floyd, IRC Sheriff Department
Commissioner Wesley S. Davis, Chairman
ELECTION OF BOARD OF COUNTY COMMISSION CHAIRMAN
ELECTION OF BOARD OF COUNTY COMMISSION VICE-CHAIRMAN
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation of Proclamation Designating the Month of November, 2015, as
National Adoption Awareness Month
PAGE
1
November 17, 2015 Page 1 of 6
5. PROCLAMATIONS and PRESENTATIONS PAGE
B. Presentation on Recycling Education and Outreach Efforts by Stephanie
Vos, Solid Waste Disposal District Recycling Education and Marketing
Coordinator
6.
APPROVAL OF MINUTES
A. Regular Meeting of October 13, 2015
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
A. Update Regarding the 2015 Amnesty Program for Certain Delinquency
Charges
(memorandum dated November 2, 2015)
2-3
B. Transportation Disadvantaged Annual Public Hearing, November 19, 2015
November 19, 2015, 10:00 AM, Conference Room B1-501 County
Administration Complex, Building B, 1801 27th Street
(memorandum dated November 10, 2015)
8. CONSENT AGENDA
A. Approval of Checks and Electronic Payments — October 30, 2015 to
November 5, 2015
(memorandum dated November 5, 2015)
4-5
6-13
B. Annual Resolution re Delegation of Authority Concerning Declarations of
State of Local Emergencies and to Act in a State Declared Emergency
Affecting Indian River County
(memorandum dated October 30, 2015)
C. Annual Resolution Delegating the Authority to the County Administrator or
his Designee, to execute Resolutions Calling Letters of Credit as Necessary
during a Declared State of Local Emergency or Declared State of Florida
Emergency Affecting Indian River County
(memorandum dated October 30, 2015)
14-16
17-19
D. Annual Resolution re Signatories
(memorandum dated October 30, 2015) 20-25
E. Miscellaneous Budget Amendment 002
(memorandum dated November 6, 2015) 26-29
F. Exchange Ten (10) Hydra Lunas Handheld Meter Reading Units for Ten
(10) Panasonic Tough Pad Tablets
(memorandum dated October 26, 2015)
30-32
November 17, 2015 Page 2 of 6
8. CONSENT AGENDA PAGE
G. Award of Bid No: 2016003 CR512 Resurfacing from 125`h Avenue to I-95
IRC Project No. 1304
(memorandum dated November 4, 2015)
33-43 .
H. 2016 Oblique Aerial Imagery Acquisition Project
(memorandum dated November 5, 2015) 44-69
I. Request for Sole Source to Communications Inc. for the 800 MHz
Communications System Master Service Agreement
(memorandum dated November 9, 2015)
J. Revised Temporary Construction Easement for 45`h Street Beautification
Project
(memorandum dated November 10, 2015)
70-86
87-91
K. Award of Bid 2016010 — Golf Carts for Sandridge Golf Club
(memorandum dated November 9, 2015) 92-95
L. Miscellaneous Budget Amendment 003 — Sheriff's Office Rollover Request
(memorandum dated November 6, 2015) 96-100
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
A. Indian River County Supervisor of Elections Leslie R. Swan
Canvassing Board Member Appointment for the 2016 Election Cycle
((memorandum dated November 2, 2015)
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
None
101
B. PUBLIC DISCUSSION ITEMS
(As a general rule, public discussion items should be limited to matters on
which the commission may take action.)
1. Request to Speak from Mick Schaus Regarding All Aboard Florida
102
November 17, 2015 Page 3 of 6
10. PUBLIC ITEMS PAGE
C. PUBLIC NOTICE ITEMS
1. Notice of Scheduled Public Hearing December 1, 2015
Consider Amending Sections 103.09 and 207.02 of the Code of
Indian River County with Regard to Sunsetting the Indian River
County Enterprise Zone Development Agency (Legislative)
(memorandum dated November 3, 2015)
103
2. Notice of Scheduled Public Hearing December 1, 2015
Consider Extending the Existing One -Cent Local Government
Infrastructure Sales Surtax for an Additional Fifteen Years
(Legislative) •
(memorandum dated November 5, 2015)
104-105
11. COUNTY ADMINISTRATOR MATTERS
None
12. DEPARTMENTAL MATTERS
A.
B.
C.
D.
Community Development
None
Emergency Services
None
General Services
None
1.
Human Services
None
2. Sandridge Golf Club
None
3, Recreation
None
Human Resources
None
November 17, 2015 Page 4 of 6
12. DEPARTMENTAL MATTERS PAGE
E.
F.
G.
Office of Management and Budget
None
Public Works
None
Utilities Services
None
13. COUNTY ATTORNEY MATTERS
A. Tourist Development Council Vacancy Appointment
(memorandum dated November 1, 2015) 106-112
B. Construction Board of Adjustment and Appeals Committee Appointment
(memorandum dated November 4, 2015) 113-118
C. Indian River County Committees — Member Reappointments
(memorandum dated October 27, 2015) 119-123
14. COMMISSIONERS MATTERS
A.
B.
C.
D.
E.
Commissioner Wesley S. Davis, Chairman
1. Interlocal Agreement Establishing the Treasure Coast Workforce
Consortium and the Workforce Development Board of the Treasure
Coast, Inc. (Deferred from October 6, 2015)
(memorandum dated September 18, 2015)
124-135
Commissioner Bob Solari, Vice Chairman
1. Resolution in support of Representative Mayfield's FMPA bill
(memorandum dated November 10, 2015) 136-139
Commissioner Joseph E. Flescher
None
Commissioner Peter D. O'Brvan
None
Commissioner Tim Zorc
1. Save the Date: Public Workshop on Indian River Lagoon
(memorandum dated November 10, 2015) 140
November 17, 2015 Page 5 of 6
15. SPECIAL DISTRICTS AND BOARDS PAGE
A.
B.
C.
Emergency Services District
1. Approval of Minutes Meeting of October 13, 2015
2. Approval of Work Order No. 2 for Fire -Rescue Station #7 Modular
(1893 90th Avenue)
(memorandum dated November 2, 2015)
141-148
Solid Waste Disposal District
1. Waste Management's Credit to Customers
(memorandum dated November 10, 2015) 149-150
Environmental Control Board
None
16. ADJOURNMENT
Except for those matters specifically exempted under 'the State Statute and Local Ordinance, the Board shall
provide an opportunity for .public comment prior to the undertaking by the Board of any action on the agenda,
including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the
Board is to take action which was either not on the Board agenda or distributed to the public prior to the
commencement of the meeting.
Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a
verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal
will be based.
Anyone who needs a special accommodation for this meeting may contact the County's Americans with
Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting.
Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County
Commission Office at 772-226-1490 at least 20 hours in advance of the meeting.
The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is
also available for review in the Board of County Commission Office, the Indian River County Main Library, and
the North County Library.
Commission Meeting inay be broadcast live by Comcast Cable Channel 27
Rebroadcasts continuously with the following proposed schedule:
Tuesday at 6:00 p.in. until Wednesday at 6:00 a.m.,
Wednesday at 9:00 a.m. until 5:00 p.m.,
Thursday at 1:00 p.m. through Friday Morning,
and Saturday at 12:00 Noon to 5:00 p.m.
November 17, 2015
Page 6 of 6
PROCLAMATION 64
DESIGNATING THE MONTH OF NOVEMBER, 2015, AS
NATIONAL ADOPTION AWARENESS MONTH
WHEREAS, for more than a century, Children's Home Society of Florida has
upheld our legacy of transforming the lives of children and families; and
WHEREAS, on any given day ;approximately 125-175 children are awaiting
adoptions on the Treasure Coast and in the last three years over 350 children have
been given the gift of forever families; and
WHEREAS, Children's Home Society of Florida, Treasure Coast Division, works
diligently with the Department of Children & Families to ensure that every child has a
forever family; and
WHEREAS, children waiting for adoptive parents and families who have adopted
these children require and deserve community and agency support; and
WHEREAS, Children's Home Society of Florida, along with its community
partners, embraces opportunities that can potentially change the way society cares for
children and youth.
NOW, THEREFORE BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA, that the month of November 2015,
be designated as
NATIONAL ADOPTION AWARENESS MONTH
in Indian River County. In honor of this event, we encourage community agencies, religious
organizations, businesses and others to celebrate adoption, honor families that grow through
adoption, further an awareness of the changes and issues in adoption, and focus attention on
those children who live in the shadow of an uncertain future while they await forever families.
Adopted this 17th day of November, 2015
BOARD OF COUNTY COMMISSIONERS,
INDI N RIVER COUNTY, FLORIDA
Wesley S. Davis, Chairman
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Bob Solari, Vice Chairman
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h E. Flescher
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"eter D. O'B an
1
Information Item
INDIAN RIVER COUNTY, FLORIDA
DEPARTMENT OF UTILITY SERVICES
Date: November 2, 2015
To: Joseph A. Baird, County Administrator
From: Vincent Burke, P.E., Director of Utility Service
Prepared By: Cindy Corrente, Utilities Finance Manage
Subject: Update Regarding the 2015 Amnesty Program for Certain Delinquency
Charges
DESCRIPTIONS AND CONDITIONS:
On July 24, 2015 The Indian River County Board of County Commissioners passed an ordinance
that established an amnesty period for owners of Equivalent Residential Units (ERU's) which
are reserved for future use. The time period of the amnesty was from July 24, 2015 through
October 31, 2015.
Attached is a summary of activity related to the Amnesty Program for Delinquency Charges As
of October 31, 2015.
Staff notified eligible customers of the program,through telephone conversations, letters
and/or e-mail correspondence. Interested parties were asked to call Cindy Corrente at 772-
226-1832 or Beth Messersmith at 772-226-1837 if they had any questions. Only eight (8)
inquiries were received. Of those, seven (7) participated in the program.
Collections during the amnesty period resulted in total payments of $358,862.79 and waiving
of $260,814.87 in penalties.
ATTACHMENT(s):
Attachment 1— Amnesty Requests Processed
APPROVED FOR AGENDA:
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Indian River Co.
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Attachment 1
Amnesty Requests Processed
Customer Name
036232 60 AC VERO LLLP
016444 60 INVESTMENTS INC
074144 COOKIES AND CRACKERS
073586 FRANKLIN INVESTMENT SERIES 3 TRUST
026754 MARCILLA YORKS
028342 ST LUCIE DEVELOPMENT CORP
074260 VERO VILLAGE LLC
Totals
Total Paid Amount Waived
$36,943.46 $12,795.52
$23,286.10
$135,896.16
$120.00
$423.72
$2,926.70
$159,266.65
$358,862.79
$15,905.98
$78,155.94
$9.70
$124.78
$972.20
$152,850.75
$260,814.87
3
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INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: All Municipalities, Transportation Providers, and Interested Parties
FROM: Phil Matson, AiCP
MPO Staff Director
DATE: November 10, 2015
SUBJECT: TRANSPORTATION DISADVANTAGED ANNUAL PUBLIC
HEARING
To help local governments fulfill the functions of transportation disadvantaged planning. the
State Commission for the Transportation Disadvantaged (CTD) requires that all counties appoint
a Designated Official Planning Agency (DOPA) The DOPA must fulfill responsibilities and
duties as outlined in Chapter 427, Florida Statutes, and Rule 41-2. For Indian River County, the
Metropolitan Planning Organization is designated as the County's DOPA.
As part of the statutory responsibilities, the Indian River County Metropolitan Planning
Organization appoints members to the Indian River County Transportation Disadvantaged Local
Coordinating Board (TDLCB) to assist in the coordination of transportation disadvantaged
services within the county. The purpose of the TDLCB is to identify local service needs and to
provide information, advice, direction, and support to the .Community Transportation
Coordinator. the Senior Resource Association, Inc
The TDLCB is required by the State Commission for the Transportation Disadvantaged to hold
an annual public hearing in order to gather public input on transportation disadvantaged related
issues At this time, the Transportation Disadvantaged Local Coordinating Board (TDL_CB) is
inviting all interested citizens to a public hearing to discuss transportation disadvantaged issues
and to provide input to the Local Coordinating Board on transportation services (demand
response and fixed route) and unmet needs.
4
!)ATE•
'T1? 1I
LOCATION •
November 19, 2015
10:00 AM
Conference Room B1-501
County Administration Building B
1801 27th Street
Vero Beach, FL 32960
Anyone \.vho needs a special accommodation for this meeting must contact the County's
Americans with Disabilities Act (ADA) Coordinator at 772 226-1223 at least 48 hours in
advance of the meeting.
cc: Stan Boling, AICP
Community Development Director
Karen Deigl, SRA President/CEO
Community Transportation Coordinator
John lrvinc
1'l.) Area 2 Project Manager
If you have any questions concerning the items on this agenda, please contact MPO staff at (772) 226-1455 Anyone who may
wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceeding is
made, which includes rhe testimony and evidence on which the appeal is based Anyone who needs a special accommodation
for this meeting must contact the County's Americans with Disabilities Act (ADA) Coordinator at 772 226-1223 at least 48 hours
in advance of the meeting.
For complaints, questions or concerns about civil rights or nondiscrimination, or for special requests under the American with
Disabilities Act, please contact Phil Matson, Title VI Coordinator at (772) 226.1455 or pmatson@ircgov corn.
Except for those matters specifically exempted under State Statute and Local Ordinance, the Committee shall provide an
opportunity for public comment prior to the undertaking by the Committee of any action on the agenda. Public comment shall
also be heard on any proposition which the Committee is to take action which was either not on the agenda or distributed to
the public prior to the commencement of the meeting. Public participation is solicited without regard to race, color, national
origin, age, sex, religion, disability or family status. Persons who require special accommodations under the Americans with
Disabilities Act or persons who require translation services (free of charge) should contact Phil Matson at (772) 226-1455 or
pmatson@ircgov.com at least seven days prior to the meeting.
5
JEFFREY R. SMITH, CPA, CGFO, CGMA
Clerk of Circuit Court & Comptroller
Finance Department
1801 27th Street
Vero Beach, FL 32960
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
FROM: DIANE BERNARDO, FINANCE DIRECTOR
THRU: JEFFREY R. SMITH, COMPTROLLER
DATE: November 5, 2015
SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS
October 30, 2015 to November 5, 2015
In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued
by the Board of County Commissioners are to be recorded in the Board minutes.
Approval is requested for the attached lists of checks and electronic payments, issued by the
Comptroller's office, for the time period of October 30, 2015 to November 5, 2015
Attachment:
DLB: DB
6
CHECKS WRITTEN
TRANS NBR DATE VENDOR AMOUNT
332577 11/02/2015 RIVER PARK ASSOCIATES 1.102 00
332578 11/02/2015 CREATIVE CHOICE HOMES XVI LTD 1.616 00
332579 11/02/2015 VERO CLUB PARTNERS LTD 816 00
332580 11/02/2015 THE PALMS AT VERO BEACH 1.183 00
332581 11/02/2015 PELICAN ISLES LP 736 00
332582 11/02/2015 SUNCOAST REALTY & RENTAL MGMT LLC 265.00
332583 11/02/2015 SONRISE VILLAS LTD 507 00
332584 11/02/2015 INDIAN RIVER RDA LP 233 00
332585 11/02/2015 RICHARD L DAVENPORT 442.00
332586 11/02/2015 LIVE OAK VILLAS LTD 550 00
332587 11/02/2015 SARAH SPANN 811.00
332588 11/02/2015 MADISON CAY LTD 441 00
332589 11/02/2015 FOUNDATION FOR AFFORDABLE RENTAL HOUSING 736 00
332590 11/02/2015 GCA PROPERTIES LLC 464.00
332591 11/0"/2015 ORANGE COUNTY HOUSING & C D 628 75
332592 11/02/2015 ALL FLORIDA REALTY SERVICES INC 2,912.00
332593 11/02/2015 VERO BEACH EDGEWOOD PLACE (305-113) 717.00
332594 11/02/2015 GRACES LANDING LTD 7.970 00
332595 11/02/2015 MICHAEL JACKOWSKI 496 00
332596 11/02/2015 PAUL IULIN 369 00
332597 11/02/2015 TERRY A LAWRENCE 39.00
332598 11/02/2015 LINDSEY GARDENS LTD 4,895.00
332599 11/02/2015 BRYAN D BLAIS 762.00
332600 11/02/2015 RIVER PARK ASSOCIATES 16,442.00
332601 11/02/2015 RICHARD C THERIEN 493 00
332602 11/02/2015 CREATIVE CHOICE HOMES XVI LTD 7,289.00
332603 11/02/2015 DAVID YORK 502 00
332604 11/02/2015 ST FRANCIS MANOR OF VERO BEACH 399 00
332605 11/02/2015 CITY OF VERO BEACH 170 00
332606 11/02/2015 TREASURE COAST HOMELESS SERVICES 2.448 00
332607 11/02/2015 FLORIDA POWER AND LIGHT 7 00
332608 11/02/2015 VENETIAN APARTMENTS OF VERO BEACH 864 00
332609 11/02/2015 HERMOSA PROPERTIES LLC 294 00
332610 11/02/2015 PINNACLE GROVE LTD 7,887 00
332611 11/02/2015 VERO CLUB PARTNERS LTD 19.190 00
332612 11/02/2015 INDIAN RIVER COUNTY HOUSING AUTHORITY 167 00
332613 11/02/2015 INDIAN RIVER COUNTY HOUSING AUTHORITY 173.00
332614 11/02/2015 CRAIG MERRILL 1.235 00
332615 11/02/2015 CHRISTINE SALTER 484 00
332616 11/02/2015 HAGGERTY FAMILY LTD 299.00
332617 11/02/2015 THE PALMS AT VERO BEACH 12,375.00
332618 11/02/2015 FELLSMERE COMM ENRICHMENT PROGRAM INC 93 00
332619 11/02/2015 DAVID CONDON 628 00
332620 I 1/02/2015 HILARY MCIVOR 342 00
332621 11/02/2015 PAULA LANE 451 00
332622 11/02/2015 JOHN A CAPPELLO 379 00
332623 11/02/2015 PELICAN ISLES LP 5,827.00
332624 11/02/2015 KATE TYSON LYONS 315 00
332625 11/02/2015 SUNCOAST REALTY & RENTAL MGMT LLC 8,504.00
332626 11/02/2015 OAK RIVER PROPERTIES INC 515.00
332627 11/02/2015 SONRISE VILLAS LTD 1,434 00
332628 11/02/2015 ADINA GOLDMAN 530.00
332629 11/02/2015 INDIAN RIVER RDA LP 3.154 00
332630 11/02/2015 MAURICE W BROWN 336.00
332631 11/02/2015 GEORGE THUYNS 682.00
332632 11/02/2015 LAZY J LLC 2.025 00
332633 11/02/2015 SYLVIA MCNEILL 635 00
332634 11/02/2015 SKOKIE HOLDINGS INC 750 00
1
TRANS NBR
332635
332636
332637
332638
332639
332640
332641
332642
332643
332644
332645
332646
332647
332648
332649
332650
332651
332652
332653
332654
332655
332656
332657
332658
332659
332660
332661
332662
332663
332664
332665
332666
332667
332668
332669
332670
332671
332672
332673
332674
332675
332676
332677
332678
332679
332680
332681
332682
332683
332684
332685
332686
332687
332688
332689
332690
332691
332692
332693
332694
DATE
11/02/2015
11/02/2015
11/02/2015
11/02/2015
11/02/2015
11/02/2015
11/02/2015
11/02/2015
11/02/2015
11/02/2015
11/02/2015
11 /02/2015
11/02/2015
11/02/2015
11/02/2015
11/02/2015
11/02/2015
11/02/2015
11/02/2015
11/02/2015
11/02/2015
11/02/2015
11/02/2015
11/02/2015
I 1/02/2015
11/02/2015
11/02/2015
11/02/2015
11/02/2015
11/02/2015
11 /02/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05//015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
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11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
VENDOR
ROGER WINSLOW
COURTYARD VILLAS OF VERO LLC
VINCENT PILEGGI
OSLO VALLEY PROPERTIES INC
SAID S MOOBARK
CORY J HOWELL
OSCEOLA COUNTY SECTION 8
LINDSEY GARDENS 11 LTD
ANTHONY ARROYO
AHS HOLDINGS GROUP LLC
YVONNE KOUTSOFIOS
ALAN R TOKAR
VILLAS OF VERO BEACH
BRIAN E GALLAGHER
HOUSING AUTHORITY
STEPHANIE WATCHEK FOUNTAIN TRUST
MICHAEL STILES
BLTREJV3 PALM BEACH LLC
RACHEL G SIDMAN
SCOT WILKE
MARK BAER
GLS FUND VERO LLC
WANELL DONNELLI
J & K PALMER ENTERPRISES LLC
THEODORE BARTOSIEWICZ
AMOUNT
478.00
697 00
206 00
779 00
799 00
365 00
645 75
4,750 00
403 00
4,508 00
194.00
650.00
463 00
505 00
876 75
223.00
526 00
2,126 00
462 00
592 00
476 00
1,451 00
364 00
213 00
491.00
FOUNDATION FOR AFFORDABLE RENTAL HOUSING 13,423.00
RICHARD KUSSEROW 475 00
MARIANNA HOUSING AUTHORITY 240 75
IRC PROPERTIES LLC 627 00
ARE JAY INVESTMENTS OF INDIAN RIVER COUNTY 11` 521 00
JOHN T STANLEY 795 00
PORT CONSOLIDATED INC 30,132.28
JORDAN MOWER INC 980 06
RANGER CONSTRUCTION IND INC 180 60
VERO CHEMICAL DISTRIBUTORS INC 995.50
DATA FLOW SYSTEMS INC 2.776 68
GRAINGER 560 19
KELLY TRACTOR CO 2,945.31
AMERIGAS EAGLE PROPANE LP 81 57
ACTION DIESEL 780 61
HD SUPPLY WATERWORKS. LTD 5,415 92
PETES CONCRETE 1,300 00
EGP INC 302.70
VERO INDUSTRIAL SUPPLY INC 33 50
ACE PLUMBING INC 120.45
TIRESOLES OF BROWARD INC 396 95
BFS RETAIL OPERATIONS LLC 989.28
ADVANCED AIR ASSOCIATES INC 4,616.27
LAWMENS & SHOOTERS SUPPLY INC 1,833.75
GENERAL PART INC 4,013.38
GOODYEAR AUTO SERVICE CENTER 4,543 31
BAKER & TAYLOR INC 1.587.40
MIDWEST TAPE LLC 461.33
PRECISION CONTRACTING SERVICES INC 1,850 00
MICROMARKETING LLC 325 69
K & M ELECTRIC SUPPLY 431 76
NEWSBANK INC 6.754 80
CREATIVE CHOICE HOMES XVI LTD 500 00
ROGER J NICOSIA 1.462 00
CITY OF VERO BEACH 6 716 92
TRANS NBR
332695
332696
332697
332698
332699
332700
332701
332702
332703
332704
332705
332706
332707
332708
332709
332710
332711
332712
332713
332714
332715
332716
332717
332718
332719
332720
332721
332722
332723
332724
332725
332726
332727
332728
332729
332730
332731
332732
332733
332734
332735
332736
332737
332738
332739
332740
332741
332742
332743
332744
332745
332746
332747
332748
332749
332750
332751
332752
332 753
332754
DATE
11/05/2015
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11/05/201.5
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
VENDOR
CHAPTER 13 TRUSTEE
COMPBENEFITS COMPANY
COLONIAL LIFE & ACCIDENT INS CO
INDIAN RIVER ALL FAB INC
UNITED PARCEL SERVICE INC
PETTY CASH
APCO INTERNATIONAL. INC
LIVINGSTON PAGE
WILBERT SHEPHARD
PUBLIX SUPERMARKETS
PUBLIX SUPERMARKETS
FLORIDA FIRE MARSHALS & INSPECTORS
ACUSHNET COMPANY
IRC CHAMBER OF COMMERCE
FEDERAL EXPRESS CORP
FEDERAL EXPRESS CORP
DON LAWLESS
JOHN KING
FLORIDA POWER AND LIGHT
FLORIDA POWER AND LIGHT
PHILLIP J MATSON
TAYLOR MADE GOLF CO INC
AMERICAN PLANNING ASSOCIATION
IRC HOUSING AUTHORITY
GIFFORD YOUTH ACTIVITY CENTER INC
TREASURE COAST SPORTS COMMISSION INC
CHANNING BETE CO INC
GERALD A YOUNG SR
GREY HOUSE PUBLISHING
HENRY SMITH
ALAN C KAUFFMANN
NAEMT
NEXTRAN CORPORATION
IDEA GARDEN ADVERTISING
FLORIDA SHORE & BEACH PRESERVATION
DONADIO AND ASSOCIATES ARCHITECTS
HAYTH.HAYTH & LANDAU
RUSSELL PAYNE INC
JOSEPH W VASQUEZ
NEW WORLD SYSTEMS CORPORATION
CENTRAL PUMP & SUPPLY INC
ASSOCIATON OF FLORIDA CONSERVATION DISTRICTS
STAPLES CONTRACT & COMMERCIAL INC
ADMIN FOR CHILD SUPPORT ENFORCEMENT
ADMIN FOR CHILD SUPPORT ENFORCEMENT
ADMIN FOR CHILD SUPPORT ENFORCEMENT
LARRY STEPHENS
JOSE RIVERA
KEN CHATAM
SUPREME INTERNATIONAL LLC
FLORIDA SUPERIOR SAND INC
D&S ENTERPRISES OF VERO BCH LLC
ANDY SOBCZAK
JOHNNY B SMITH
PAUL KUHN
DAVID REYNOLDS 11
GLOBALSTAR USA
CHARLES A WALKER
FISHER & PHILLIPS LLP
BRIAN FREEMAN
AMOUNT
368.38
126.00
51.48
262.50
29.55
21.35
33100
80 00
80.00
102.66
84 90
390.00
77.63
41,749.26
3515
47 55
60 00
125 00
5.370 19
7,055 75
197.97
535 67
1,749 00
500.00
7.125 00
7,880 42
9 00
105.00
478 95
140 00
180 00
135 00
1,197.20
15000
6,000 00
950 00
125 00
208 95
220.00
1,592.31
282.50
350 00
121.93
263 00
266 57
148 78
160 00
60 00
100 00
201.47
956 89
66.21
19.58
150 00
75 00
60 00
11749
100 00
3.075 00
229 87
3
TRANS NBR
332755
3327.56
332757
332758
332759
332760
332761
332762
332763
332764
332765
332766
332767
332768
332769
332770
332771
332772
332773
332774
332775
332776
332777
332778
332779
332780
332781
332782
332783
332784
332785
332786
332787
332788
332789
332790
332791
332792
332793
332794
332795
332796
332797
332798
332799
332800
332801
332802
332803
332804
332805
332806
332807
332808
332809
332810
332811
332812
332813
332814
DATE
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11 /05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
11/05/2015
VENDOR
TONIOLI. ANTHONY & LORY
RENAE CHANDLER
TREASURE COAST FOOD BANK INC
JOHN MESKILL
GIS SERVICES
K'S COMMERCIAL CLEANING
NICOLACE MARKETING INC
SANDY ARACENA
CUSTOM BRANDED SPORTSWEAR INC
GARRETT SMITH
AMERICHEM LAWN & PEST CONTROL INC
ECMC
211 PALM BEACH/TREASURE COAST INC
YOUR AQUA INSTRUCTOR LLC
IMAGINE SCHOOLS AT SOUTH VERO
DELRAY MOTORS
JOSEPH CATALANO
OVERDRIVE INC
RAYMOND J DUCHEMIN
BERMUDA SANDS APPAREL LLC
NATIONAL CINEMEDIA LLC
KEITH GROCHOLL
TOTAL ID SOLUTIONS INC
GFA INTERNATIONAL INC
FORD GOLF AND SPECIALTIES LLC
REHMANN GROUP LLC
LOWES HOME CENTERS INC
LABOR READY SOUTHEAST INC
ALEX MIKLO
TREASURE COAST TURF INC
PENGUIN RANDOM HOUSE LLC
ISLAND COLOR LLC
MICHAEL YOUNG
WADE WILSON
BRUCE SABOL
FAMILY SUPPORT REGISTRY
FAMILY SUPPORT REGISTRY
HUNTER SOUTHWEST PRODUCTIONS LLC
THE LAW OFFICES OF JENNIFER D PESHKE PA
EAST COAST VETERINARY SERVICES LLC
NAPIER & ROLLIN PLLC
BRYAN CAVE LLP
SKECHERS USA INC
RONALD NICHELSON
MASCHMEYER CONCRETE COMPANY OF FLORIDA
RELIANT FIRE SYSTEMS INC
ENCORE ONE LLC
LONGHORN LANDSCAPING AND SOD LLC
KAMAN INDUSTRIAL TECHNOLOGIES CORPORATION
TANDUS CENTIVA US LLC
JOSEPH DIZONNO
KARYN BRYANT
GENUINE PARTS COMPANY
ORIGINAL TOWN APARTMENTS
TRIBOND LLC
DELTA MANAGEMENT ASSOCIATES INC
ENTERPRISE RECOVERY SYSTEMS INC
CATHEDRAL CORPORATION
JAY AMMON ARCHITECT INC
MARK DEAN RILEY JR
AMOUNT
50.00
90 00
391 75
70 00
625 00
17,614.08
2,750 00
100 00
1,889 97
245 00
200.00
241 84
10,000 00
100 00
275 00
783.96
40 00
740.34
100.00
212 60
676 00
60 00
296 00
16,593 75
1,972 42
40,000 00
1,453 54
9,768.72
80 00
438 00
225 00
1,487 75
40 00
120 00
20.00
9 66
13.51
2.450 00
1,171 00
176 00
37.50
61,926 16
1,030 13
120 00
32,561 10
750 00
2,271 86
1,174.50
5,175 00
62,183 44
60 00
6.59
149 82
500 00
8,167 44
322 64
194.25
3,244 93
4,754 00
40 00
4
TRANS NBR
332815
332816
332817
332818
332819
332820
Grand Total:
DATE VENDOR
11/05/2015 PHYLLIS W HORNER
11/05/2015 MARGARET HART
11/05/2015 CRAIG P ROGERS
11/05/2015 RICHARD T JR & JEAN YOUNG
11/05/2015 JOSEPH KORUO
11/05/2015 PATRICIA JUSTIN
AMOUNT
222.00
20.34
50 00
10000
180 51
100 00
640,067.42
11'
ELECTRONIC PAYMENT - VISA CARD
TRANS. NBR DATE VENDOR AMOUNT
1007720 10/30/2015 AT&T 1,689 99
1007721 10/30/2015 OFFICE DEPOT BSD CUSTOMER SVC 409 17
1007722 10/30/2015 WASTE MANAGEMENT INC 1.023.36
1007723 10/30/2015 COMCAST 102.85
1007724 10/30/2015 BRIDGESTONE GOLF INC 1,700 60
1007725 10/30/2015 MIDWEST MOTOR SUPPLY CO 845 57
1007726 11/03/2015 COMMUNICATIONS INTERNATIONAL 99 00
1007727 11/03/2015 HENRY SCHEIN INC 1,124.30
1007728 11/03/2015 NORTH SOUTH SUPPLY INC 58.25
1007729 11/03/2015 COLD AIR DISTRIBUTORS WAREHOUSE 80 11
1007730 11/03/2015 INDIAN RIVER BATTERY 1,786 05
1007731 11/03/2015 DAVIDSON TITLES INC 79 76
1007732 11/03/2015 MIKES GARAGE & WRECKER SERVICE INC 115 00
1007733 11/03/2015 APPLE INDUSTRIAL SUPPLY CO 333 05
1007734 11/03/2015 GALLS LLC 2,765.34
1007735 11/03/2015 RELIABLE SEPTIC AND SERVICE 175 00
1007736 11/03/2015 ALLIED UNIVERSAL CORP 18,772.99
1007737 11/03/201.5 NEWMANS POWER SYSTEMS 287.39
1007738 11/03/2015 IRRIGATION CONSULTANTS UNLIMITED INC 102.52
1007739 11/03/2015 THE EXPEDITER 125 88
1007740 11/03/2015 HILL MANUFACTURING CO INC 1.504 00
1007741 11/03/2015 GROVE WELDERS INC 2,588 47
1007742 11/03/2015 RECORDED BOOKS LLC 27 80
1007743 11/03/2015 ARAMARK UNIFORM & CAREER APPAREL LLC 83 98
1007744 11/03/2015 SOUTHERN COMPUTER WAREHOUSE 12,272.57
1007745 11/03/2015 CENGAGE LEARNING CORPORATION 12,841 90
1007746 11/03/2015 COMMUNITY ASPHALT CORP 662.72
1007747 11/03/2015 FERGUSON ENTERPRISES INC 3,054.46
1007748 11/03/2015 COMO OIL COMPANY OF FLORIDA 61.05
1007749 11/03/2015 BARKER ELECTRIC, AIR CONDITIONING 2.374 00
1007750 11/03/2015 SOUTHERN JANITOR SUPPLY INC 2,995 60
1007751 11/03/2015 CAPITAL OFFICE PRODUCTS 632.33
1007752 11/03/2015 METRO FIRE PROTECTION SERVICES INC 465.00
1007753 11/03/201.5 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 1,587 62
1007754 11/03/2015 MUNICIPAL WATER WORKS INC 476.25
1007755 11/03/2015 CUMMINS POWER SOUTH LLC 258 97
1007756 11/03/2015 BENNETT AUTO SUPPLY INC 195 16
1007757 11/03/2015 PROTRANSMASTERS lI INC 2,508 77
1007758 11/03/2015 L&L DISTRIBUTORS 501 93
1007759 11/03/2015 HYDRA SERVICE (S) INC 20,945.00
1007760 11/03/2015 RADWELL INTERNATIONAL INC 335 07
1007761 11/03/2015 HORIZON DISTRIBUTORS INC 314.32
1007762 11/03/2015 PACE ANALYTICAL SERVICES INC 438 00
1007763 11/03/2015 UNIFIRST CORPORATION 1,794.43
] 007764 11/04/2015 M ETTLER TOLEDO INC 2,886.94
1007765 11/04/2015 AT&T 43.53
1007766 11/04/2015 OFFICE DEPOT BSD CUSTOMER SVC 843 92
1007767 11 /04/2015 COMCAST 104 80
Grand Total: 104,474.77
12
TRANS NBR
3911
3912
3913
3914
3915
3916
3917
3918
3919
3920
Grand Total:
ELECTRONIC PAYMENTS - WIRE & ACH
DATE
10/30/2015
10/30/2015
10/30/2015
10/30/2015
10/30/2015
11/02/2015
11/02/2015
11/04/2015
11/04/2015
11/05/2015
VENDOR
KIMLEY HORN & ASSOC INC
C E R SIGNATURE CLEANING
INDIAN RIVER COUNTY SUPERVISOR
CLERK OF CIRCUIT COURT
INDIAN RIVER COUNTY SHERIFF
JOSEPH G MILLER
AGENCY FOR HEALTH CARE ADMIN
FL RETIREMENT SYSTEM
STONEYBROOK FARMS GROUP LLC
INDIAN RIVER COUNTY SHERIFF
AMOUNT
5,095 00
16.010 00
OF ELECTIONS 84,495 82
75,000 08
3,375,634 99
1.000 00
13.173 89
462,521 13
136,362.85
3,598 48
4,172,892.24
1
CONSENT: 11/17/2015 RS
Office of
INDIAN RIVER COUNTY
ATTORNEY
Dylan Reingold, County Attorney
William K. DeBraal, Deputy County Attorney
Kate Pingolt Cotner, Assistant County Attorney
MEMORANDUM
TO: The Board of County Commissioners
FROM: Dylan Reingold — County Attorney,
DATE: October 30, 2015
SUBJECT: Annual Resolution re Delegation of Authority Concerning
Declarations of State of Local Emergencies and to Act in a
State Declared Emergency Affecting Indian River County
The attached resolution delegates to the County Administrator, or his
designee, the authority to declare states of local emergencies and to act in
a State of Florida declared emergency affecting Indian River County from
November 17, 2015 through December 31, 2016.
Funding:
There are no costs associated with this agenda item.
Requested Action:
Adopt the attached resolution delegating authority to the County
Administrator, or his designee, to declare states of local emergencies and
to act in a state declared emergency affecting Indian River County effective
from November 17, 2015 through December 31, 2016.
/nhm
Attachment: Resolution
Approved for November 17, 2015 BCC Meeting
Consent Agenda
Olt -c:5;1: ----TY ATTORNEY
Indian River Co.
Approved
Date
Admin.
=
i/ 1
,j
Co. Atty
Budget
i
15
Department
Risk Mgmt
---
---
14
RESOLUTION NO. 2015-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING
AUTHORITY TO THE COUNTY ADMINISTRATOR TO DECLARE
STATES OF LOCAL EMERGENCIES AND TO ACT IN A STATE OF
FLORIDA DECLARED EMERGENCY AFFECTING INDIAN RIVER
COUNTY; RESCINDING RESOLUTION NO. 2014-106 EFFECTIVE
NOVEMBER 17, 2015; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board has determined that it is in the best interests of the County to
delegate the authority to declare that a state of local emergency exists in Indian River
County to the County Administrator acting as Indian River County Emergency Services
District Director for any local emergency that may arise from November 17, 2015 through
calendar year 2016; and
WHEREAS, the Board has determined that it is in the best interests of the County to
delegate the authority to issue orders and rules, including Emergency Orders, during a
State of Florida declared emergency affecting Indian River County to the County
Administrator acting as Indian River County Emergency Services District Director for any
declared emergency that may arise from November 17, 2015 through calendar year 2016.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. Resolution 2014-106 of the Indian River County Board of County Commissioners
which speaks to delegation of authority is hereby rescinded in its entirety effective
November 17, 2015.
2. Commencing November 17, 2015, and continuing through December 31, 2016, the
Indian River County Administrator acting as Indian River County Emergency
Services District Director, or his designee, is hereby delegated the authority: (i) to
declare a state of local emergency for Indian River County pursuant to Florida
Statutes section 252.38(3)(a)(5)(2015); and (ii) to issue orders and rules, including,
without limitation, the ability to issue Emergency Orders for Indian River County,
during a period of a declared emergency pursuant to any duly issued Executive
Order concerning Emergency Management issued by the Governor of the State of
Florida declaring that a disaster and/or emergency [as such terms are defined in
Florida Statutes sections 252.34 (1) and (3) respectively] exists in Indian River
County.
1
15
RESOLUTION NO. 2015 -
The Resolution was moved for adoption by Commissioner , and the motion
was seconded by Commissioner , and upon being put to a vote, the vote was
as follows:
Commissioner Peter D. O'Bryan
Commissioner Wesley S. Davis
Commissioner Joseph E. Flescher
Commissioner Tim Zorc
Commissioner Bob Solari
The Chairman thereupon declared the Resolution duly passed and adopted this 1
day of November, 2015 with an effective date of November 17, 2015.
Attest: Jeffrey R. Smith, Clerk of
Circuit Court and Comptroller
7th
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By By
Deputy Clerk
2
, Chairman
APPROVED AS TO FORM
AND LEGAL SUFFICIEN
DYLAN REINGOLD
COUNTY ATTORNEY
16
ii
CONSENT: 11/17/2015
Office of `30
INDIAN RIVER COUNTY
ATTORNEY
Dylan Reingold, County Attorney
William K. DeBraal, Deputy County Attorney
Kate Pingolt Cotner, Assistant County Attorney
MEMORANDUM
TO: The Board of County Commissioners
n
FROM: Dylan Reingold — County Attorney k
DATE: October 30, 2015
SUBJECT: Annual Resolution Delegating the Authority to the County
Administrator or his designee, to execute Resolutions Calling Letters
of Credit as Necessary during a Declared State of Local Emergency or
Declared State of Florida Emergency Affecting Indian River County
The attached resolution delegates to the County Administrator, or his designee,
the authority to execute resolutions calling letters of credit as necessary during a
declared state of local emergency or declared State of Florida emergency affecting
Indian River County from November 17, 2015 through December 31, 2016.
Funding:
There are no costs associated with this agenda item.
Requested Action:
Adopt the attached resolution delegating authority to the County Administrator, or
his designee, to execute resolutions calling letters of credit as necessary during a
declared state of local emergency or declared State of Florida emergency affecting
Indian River County from November 17,; 2015 through December 31, 2016.
/nhm
Attachment: Resolution
Approved for November 17, 2015 BCC Meeting
Consent Agenda
OUNTY ATTORNEY
Indian River Co.
App d
Date
Admin.
Co. Atty
Budget
11 15
Department
Risk Mgmt
17
CONSENT: 11/17/2015
Office of Z
INDIAN RIVER COUNTY
ATTORNEY
Dylan Reingold, County Attorney
William K. DeBraal, Deputy County Attorney
Kate Pingolt Cotner, Assistant County Attorney
MEMORANDUM
TO: The Board of County Commissioners
FROM: Dylan Reingold — County Attorney
DATE: October 30, 2015 V
SUBJECT: Annual Resolution re Signatories
In connection with the selection of a new Chairman and Vice Chairman, the Board
of County Commissioners must adopt a resolution directing depositories of
County funds to honor certain authorized signatures on County checks, warrants,
and other orders for payment. Based on input from the Finance Office, the attached
resolution has been prepared designating both the Chairman and Clerk as the
authorized signatories and providing for facsimile signatures rather than manual
signatures on all checks.
Funding:
There are no costs associated with this agenda item.
Requested Action:
Adopt the attached resolution and authorize the newly selected Chairman as well
as the Clerk to sign the attached resolution and the respective Certificate of
Facsimile Signature; and to instruct the Clerk to the Board of County
Commissioners to transmit to the Department of State each original Certificate of
Facsimile Signature which bears the original manual signatures of those Indian
River County officers authorized to use facsimile signatures in lieu of manual
signatures.
/nhm
Attachments: Resolution
Certificate of Facsimile Signature (2)
Approved for November 17, 2095 BCC Meeting
Csent Agenda
UNTY ATTORNEY
Indian River Co.
Admin.
Co. Atty
jrved
Budget
Department
Date
111�
(3 116
Risk Mgmt
20
11
RESOLUTION NO. 2015-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS •
OF INDIAN RIVER COUNTY,, FLORIDA, DIRECTING
DEPOSITORIES OF COUNTY FUNDS TO HONOR CERTAIN
AUTHORIZED SIGNATURES ON COUNTY CHECKS,
WARRANTS, AND OTHER ORDERS FOR PAYMENT; PROVIDING
FOR BOARD OF COUNTY COMMISSIONERS AND CLERK OF
THE CIRCUIT COURT SIGNATORIES; RESCINDING
RESOLUTION NO. 2014-104 EFFECTIVE NOVEMBER 17, 2015
WHICH SPEAKS TO AUTHORIZED SIGNATURES ON COUNTY
CHECKS, WARRANTS, AND OTHER ORDERS FOR PAYMENT;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Code section 101.02.1, on November 17, 2015, the Board
of County Commissioners of Indian River County ("Board") selected
as Chairman from November 17, 2015, and continuing through November 22, 2016; and
WHEREAS, Jeffrey R. Smith is the duly elected Clerk of the Circuit Court and
Comptroller for Indian River County ("Clerk"), and he serves as clerk and accountant to the
Board, pursuant to Section 28.12, Florida Statutes (2015); and
WHEREAS, the Board has previously designated certain institutions as depositories
of County funds; and
WHEREAS, the Board's selection of Chairman requires a re -designation of
signatories for County warrants, checks, and other orders for the payment of money drawn
on the County's depositories; and
WHEREAS, the Board has determined that the existing financial practices
concerning personnel policies and employee compensation eliminate the need to require
manual signatures on salary and other compensation warrants, checks, and other orders
payable to Board employees; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. Previous designations by the Board of certain institutions as official depositories of
County funds are hereby ratified and affirmed.
2. Manual signatures shall not be required on any checks, warrants, and other orders
for the payment of money drawn in the name of the Board for the purpose of salary
and other compensation to or for any Board employees.
21
RESOLUTION NO. 2015-
3. Each designated depository of County funds is hereby authorized and directed to
honor checks, warrants, and other orders for payment of money drawn in the name
of the Board, including those payable to the individual orders of any person/entity or
persons/entities whose name or names appear thereon, when bearing both the
facsimile signature of the Clerk, and the facsimile signature of the Chairman of the
Board.
4. The manual and facsimile signatures of the herein designated officers appear on
Exhibit "A" attached hereto and by this reference incorporated herein in its entirety.
5. The signatories named on the attached Exhibit "A" are hereby authorized to execute
any and all signature cards and agreements as requested by the respective banking
institutions designated as official depositories by the Board.
6 The use of facsimile signatures is authorized by Florida Statutes Section 116.34
(2015), the "Uniform Facsimile Signature of Public Officials Act."
7. The Clerk to the Board shall immediately file with the Department of State each
Certificate of Facsimile Signature bearing the original manual signatures, at which
point a facsimile signature of those officials signatory to Exhibit "A" of this
Resolution shall have the same legal effect as a manual signature on any
instrument of payment.
The Resolution was moved for adoption by Commissioner , and the
motion was seconded by Commissioner , and upon being put to a vote,
the vote was as follows:
Commissioner Peter D. O'Bryan
Commissioner Wesley S. Davis
Commissioner Joseph E. Flescher
Commissioner Tim Zorc
Commissioner Bob Solari
The Chairman thereupon declared the Resolution duly passed and adopted this
day of November, 2015 with an effective date of November 17, 2015.
Attest: Jeffrey R. Smith, Clerk of
Circuit Court and Comptroller
17th
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By By
Deputy Clerk , Chairman
APPROVED AS TO FORM
AND LEGAL SUFFI
BY
DYLAN REINGOLD
COUNTY ATTORNEY
22
EXHIBIT "A"
Jeffrey R. Smith,
Clerk of Circuit Court and Comptroller
Actual
Facsimile
Indian River County Board of
County Commissioners Chairman:
Actual
Facsimile
23
II
CERTIFICATE FOR FACSIMILE SIGNATURE
(Section 116.34, Florida Statutes)
StateofFkOda
Countyof Indian River
being
(mint naens as to bo Mdbo
kiIy appointed as Chairm n of th
Isbx4064100tilio
of Indian River County, Florida
• . •
. 111 II 11
ners
Do hereby file with the :Secretary of State my official signature for the purpose of
complying with Section 11634, Florida Statutes, and rio•hereby cerfify filatthe
signature. below is true, colrectand manually subscribed bY Me.
UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE
READ TKE FOREGOING OATH AND THAT THE FACTS STATED
IN IT ARE TRUE
Signature Dat..40,11
AWOMOW004
1801 27th Street . _
Eitoik*A.Oilror4
Vero Beach, FL 32960
CV
Sisio * -.4toW
MAPE 3 11%10%0400
24
CERTIFICATE FOR FACSIMILE SIGNATURE
(Section 116.34, Florida Statutes)
SWftoolFblida
Countyof Indian River
Jeffrey R. Smith
WO flair* ps tots ilined-betovo
•being
Duly appointed as Clerk of Circuit Court and Comptrpller p
'onto co4k.itii:0•-orsoo*m)
Indian River County, Florida
Do herebyfile WitiltheS;peterytif Stabspyofficial signet-ore-krAbe Otkposa of
complying with SectiOn 116.34„. Florida Statutes, and dotereby,Cerrify thatihe
signature.below Ls true, correttand martuanyaubectted.-1*-Me•
UNDER PENALTHIS OF paNutty; 1* ciEt.LARE THAT I HAVE
READ THE FOREGOING OATH , • AT tHE:OACT$ STATEP
toug.„
MOEllitm0099)
pgnatum
Dat!wstmod
Jeffrey R. Smith
A600004•104
2000 15th Avenue,
. _
Riminits,A#dros0
Vero Beach, FL 32960
VV. " Statio. .1*.tmW
25
Indian River County
Interoffice Memorandum
Office of Management & Budget
Consent Agenda
gT
To: Members of the Board of
From: Jason E. Brown
Director, Office of Manag
Date: November 6, 2015
Subject: Miscellaneous Budget Amendment 002
my Commissioners
& Budget
Description and Conditions
The attached budget amendment appropriates funding necessary for the following:
1. Each year it becomes necessary to "roll over" certain expenses to the current fiscal year.
Several large purchases that were initiated on Fiscal Year 2014-15 purchase orders were not
received or completed prior to September 30, 2015. The attached entry appropriates funding
for these projects from fiscal year 2014-15 to fiscal year 2015-16.
Staff Recommendation
Staff recommends that the Board of Commissioners approve the attached budget resolution
amending the fiscal year 2015/2016 budget.
Attachments
Budget Amendment 002 and Resolution
APPROVED AG NDA ITEM:
BY.
seph A. Baird
County Administrator
FOR: November 17, 2015
Indian River County
oved
Date
Administrator
',' ! t�S
Legal
1 �
(2
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RESOLUTION NO. 2015-
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
AMENDING THE FISCAL YEAR 2015-2016 BUDGET.
WHEREAS, certain appropriation and expenditure amendments to the
adopted Fiscal Year 2015-2016 Budget are to be made by resolution pursuant to
section 129.06(2), Florida Statutes; and
WHEREAS, the Board of County Commissioners of Indian River County
desires to amend the fiscal year 2015-2016 budget, as more specifically set forth
in Exhibit "A" attached hereto and by this reference made a part hereof,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year
2014-2015 Budget be and hereby is amended as set forth in Exhibit "A" upon
adoption of this Resolution.
This Resolution was moved for adoption by Commissioner
, and the motion was seconded by Commissioner
and, upon being put to a vote, the vote was as follows:
Commissioner Wesley S. Davis
Commissioner Bob Solari
Commissioner Joseph E. Flescher
Commissioner Peter D. O'Bryan
Commissioner Tim Zorc
The Chairman thereupon declared this Resolution duly passed and adopted
this day of , 2015.
INDIAN RIVER COUNTY, FLORIDA
Attest: Jeffrey R. Smith Board of County Commissioners
Clerk of Court and Comptroller
By By
Deputy Clerk Chairman
BY
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
COUNTY ATTORNEY
27
Resolution No 2015 -
Budget Office Approval:
Jason E.
Budget Director
Budget Amendment: 002
Entry
Number
Fund/ Dep rt nt/Account Name
Account Number
Increase
Decrease
1.
Revenue
General Fund/Non-Revenue/Cash Forward -Oct 1st
001039-389040
$230,828
$0
Impact Fees/Non-Revenue/Cash Forward -Oct 1st
103039-389040
$738,339
$0
Transportation Fund/Non-Revenue/Cash Forward -Oct 1st
111039-389040
$29,321
$0
Transportation Fund/DOT/State Highway Signal Impry
Grant
11033-334401-15027
$76,613
$0
Emergency Services/Non-Revenue/Cash Forward -Oct 1st
114039-389040
$1,589,038
$0
Court Facilities Surcharge/Non-Revenue/Cash Forward -Oct
1st
140039-389040
$7,494
$0
Optional Sales Tax Fund/Non-Revenue/Cash Forward -Oct
1st
315039-389040
$1,526,217
$0
Utilities/Non-Revenue/Cash Forward -Oct 1st
471039-389040
$56,783
$0
Total Revenue
$4,254,633
Expense
General Fund/NC Library/Carpeting
00111271-041220
$62,184
$0
General Fund/Parks/Other Machinery & Equpment
00121072-066490
$53,778
$0
General Fund/Facilities Mgmt/Maintenance-A/C
00122019-034620
$3,774
$0
General Fund/Facilities Mgmt/Other Improvements Except
Bldgs
00122019-066390
$86,162
$0
General Fund/Animal Control/Automotive
00125062-066420
$24,930
$0
Impact Fees/Parks/SC Intergenerational Facility
10321072-066510-03028
$738,339
$0
Transportation Fund/Road & Bridge/Other Machinery &
Equipment
11121441-066490
$3,186
$0
Transportation Fund/Traffic Engineering/Automotive
11124541-066420
$26,135
$0
Transportation Fund/Traffic Engineering/State Highway
Signal Improvements
11124541-066510-15,027
$76,613
$0
Emergency Services/Fire Rescue/Maint-Bldgs
11412022-034610
$1,085
$0
Emergency Services/Fire Rescue/Maint-Heavy Equip
11412022-034650
$30,597
$0
Emergency Services/Fire Rescue/Operating Supplies/
Modular Bldgs
11412022-066290-15020
$10,063
$0
Emergency Services/Fire Rescue/Automotive
11412022-066420
$1,485,469
$0
Emergency Services/Fire Rescue/Other Machinery & ,
Equipment
11412022-066490
$61,824
$0
Court Facilites Surcharge/Facilities Mgmt/Maint-Other
Equipment
14022019-034690
$7,494
$0
28
Resolution No. 2015 -
Budget Office Approval.
Exhibit "A"
Jason E. Brow , Budget Director
Budget Amendment: 002
Entry
Number
Fund/ Depactrnent/Account Name
Account Number
Increase
Decrease
Optional Sales Tax/Main Library/Air Conditioning
, 31510971-066390-15025
$5,580
$0
Optional Sales Tax/Fire Rescue/Autmotive
31512022-066420
$1,211,102
$0
Optional Sales Tax/Parks/Other Improvements Except
Bldgs
31521072-066390
$87,889
$0
Optional Sales Tax/Parks/SC Intergenerational Facility
31521072-066510-03028
$221,646
$0
Utilities/Wastewater Treatment/R&R
47121836-044699
$16,410
$0
Utilities/General & Engineering/Misc Sewer R&R
47123536-044699-02533
$7,697
$0
Utilities/General & Engineering/Roseland Rd LS#1167
Pump
47123536-044699-15529
$19,688
$0
Utilities/Wastewater Collection/R&R
47126836-044699
$12,988
$0
Total Expense
$4,254,633
Consent Agenda Item
INDIAN RIVER COUNTY, FLORIDA
DEPARTMENT OF UTILITY SERVICES
gr
Date: October 26, 2015
To: Joseph A. Baird, County Administrator
From: Vincent Burke, P.E., Director of Utility Services
Prepared By: Cindy Corrente, Utilities Finance Manage]
Subject:
Exchange Ten (10) Hydra Lunas Handheld Meter Reading Units for Ten (10)
Panasonic Tough Pad Tablets
DESCRIPTIONS AND CONDITIONS:
In April 2014, Indian River County Department of Utility Services (IRCDUS) purchased 10 Hydra
Lunas Hand Held Meter Reading devices from Municipal Waterworks Inc. for a total purchase
price of $47,058.80. Municipal Water Works is the local distributor for Master Meter brand
meters and accessories. Master Meter is the brand of the majority of the department's water
meters. Master Meter, although not the manufacturer of the units, was the authorized repair
agent for these units. The purchase of the devices included Master Meter's Master Linx meter
reading software (that interfaces with the utility billing system) along with training on how to use
the new devices. These devices are used in day to day operations for the purpose of gathering
meter reads in the field and uploading those reads into the Utility Billing system. Shortly after
using the handhelds staff began experiencing problems with them: Some units simply would not
power on. Other units would shut down for no apparent reason while being used in the field.
Any meter reads entered into the multiple units up to that point were lost. The faulty units were
returned to Master Meter for repair under warranty. At any given time during the year, as many
as five units were out for repair. The continual loss of meter reading data and lack of available
working units has continued to put a strain on the day to day operations of the meter reading
division. Although the warranty on the units expired in April 2015 and the manufacturer was no
longer willing to offer any remedy to IRCDUS, Master Meter continued to service the units at no
cost to the County. In an effort to assist IRCDUS with day to day meter reading requirements,
Master Meter loaned IRCDUS five (5) Panasonic Tough Pad Tablets equipped with extended life
batteries, Tough Mate cases, and the Master Linx software. Staff has used these units for several
months and to date, the experience with these tablets has been very positive. The tablets appear
to be working well in the field and staff has been able to use them successfully in their day to day
meter reading operation.
ANALYSIS:
Recently, Master Meter has notified IRCDUS that the four handheld Hydra Lunas units that they
currently have for repair cannot be repaired. Their efforts to work with the manufacturer of
Page 1 of 2
30
the units to replace them has failed. Despite that fact, Master Meter has expressed that they
would like to assist in finding a permanent solution to this dilemma. Therefore, Master Meter
has offered to replace the ten (10) Hydra Lunas handheld units with ten (10) Panasonic Tough
Pad tablets with extended life batteries, Tough Mate cases, and the Master Linx software. In
addition to the three (3) year Manufacturer's warranty (Panasonic) on the tablets, Master
Meter has offered three years of support, including software support, for a cost of $1,500.00
per year. The regular cost for this warranty is $4,500.00 per year. If IRCDUS were to purchase
this entire package today, the cost would be $74,01471.
FUNDING:
There is no cost to the department for the exchange of the units. However, the department
would have to.purchase the three years of software support at the discounted rate. Funds to
cover this are available in the Computer Software budget in the operating fund. The operating
fund budget is generated from water and sewer sales.
ACCOUNT NO.:
Description
Account Number
Amount
Computer Software
47123536-035120
$4,500.00
RECOMMENDATION:
Staff recommends that the Board of County Commissioners:
Declare the ten (10) Hydra Lunas handheld meter reading devices surplus property.
Authorize staff to trade in ten (10) Hydra Lunas handheld meter reading devices for ten
(10) Panasonic Toughbook tablets with extended life batteries, Tough Mate cases and three
years of support service for the discounted rate of $4,500.00 ($1,500.00 per year).
Attachments:
Form for Disposal/Transfer of Excess Property
APPROVED FOR AGENDA:
Joseph A. Baird, County Administrator
For: Z j,4 /7 7 f
Date
Indian River Co.
Approv-, .
Date
Administration
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Legal
Budget
Utilities
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Utilities -Finance
DAG11.,3di5
F•\Utilities\00_UTILITY - AGENDA TEMPLATE & GUIDELINES\2015 Agenda Items\Agenda - Exchange Handhelds for tablets.doc
31
INDIAN RIVER COUNTY
FORM FOR DISPOSAL/TRANSFER OF EXCESS PROPERTY
TO:
DATE:
SUBJ ECT:
FROM:
R eanne Cone, Finance Department
Disposals rat s er pf Excess Property
Asn hb -h
Check One Surplus Transfer Trade -In V Non -Capital Missing/Stolen
Asset Number
Serial Number
Description
6314 Department
�}ybal"?b - LNDP�9
Fleet Number
NIA
}41 d r) s (Zu Jve d 6L 1. Nle
Do you hat e possession of the asset' Yes ✓
If Lost/Missing has a police report been tiled?
r' lL.4Lr
No
1'es No
If yes, please attach a copy of the police report. If no, state reason
Is the item functional/WORK/11G CONDITION and could be used by another department''
If not in working condition, description of problems with item
If transfer, department transferred to
Utirudirx
Yes No
Contact Person ROl,J'2 'telephone Number 3/)q5€
Des LJGreh os2
(The above information will aid Purcha. ing and Facilities Management in the process of equipment removal from department).
Physical Location of asset.
Basset will be replaced, please answer the following
Purchase Ord % jumber for Re Date Date Replacement Received
Approv
Approval
Approval
aptial st'dian
n 'p
Director
If asset transfer, approval of department receiving asset
Appro‘ al
Director
Additional Comments:
Date
II -3-i5
Date
11/515—
Date
Date
To be completed by Budget Department
Approved for Surplus Transfer Trade -In Replacement
I3udget
Director Date
IT IS THE DISPOSING DEPARTMENT'S RESPONSIBILITY TO KEEP THE ITEM UNTIL FACILITIES MANAGEMENT CAN PICK UP.
DO NOT REMOVE PROPERTY FROM YOUR LOCATION WITHOUT PROPER AUTHORIZATION FOR DISPOSAL
This form is to he used for all property with or tvithout an asset number assigned.
Please attach a copy of this form secure') to the item heing disposed of
All other forms for disposal/transfer of property now obsolete
Revised. August 2015
32
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
CONSENT
Ste
TO: Joseph A. Baird, County Administrator
THROUGH:
FROM:
Christopher R. Mora, P.E., Public Works Director C%f''"'
Richard B. Szpyrka, P.E., Assistant Public Works Directo
SUBJECT: Award of Bid No: 2016003
CR512 Resurfacing from 125th Avenue to 1-95
IRC Project No. 1304
DATE: November 4, 2015
DESCRIPTION AND CONDITIONS
The proposed improvements to CR512 consist of milling and resurfacing two (2) miles of the
existing roadway between 125th Avenue, Fellsmere and 1-95, widening the existing paved
shoulders to 5 feet wide and re-grading/sodding the outside shoulder. New pavement surface
shall be striped with thermoplastic pavement markings. This is a F.D.O.T. Small County
Outreach Program (SCOP) funded project, FM No. 433066-1-58-01. The SCOP Grant, approved
by the Board of County Commissioners on May 5, 2015 will provide 75% of the construction
cost of the project and construction engineering inspection (CEI) services up to $684,642.00.
The County will fund the remaining 25% construction cost.
The bid opening was held on October 14, 2015. Four (4) bids were received and opened. A
detailed bid tabulation is on file and available for viewing in the County Engineering Division.
Bid totals are as follows:
Ranger Construction Industries, Inc.
J.W. Cheatham, LLC
Community Asphalt Corporation
Timothy Rose Contracting, Inc.
Ft. Pierce, Florida
West Palm Beach, Florida
Vero Beach, Florida
Vero Beach, Florida
** Denotes mathematical errors found and bid amount corrected.
$787,526.59
$801,406.99
$831,870.65**
$1,051,795.03
Ranger Construction Industries, Inc. is considered to be the lowest, responsive, responsible
bidder for the project with a bid totaling $787,526.59. Ranger Construction Industries, Inc., has
completed various construction projects for the County and has consistently performed work in
a satisfactory manner. Ranger Construction Industries, Inc. bid of $787,526.59 was below the
Engineer's estimate of $814,094.72
F•\Public Works\ENGINEERING DIVISION PROJECTS\1304-CR 512 Resurf (SCOP)_125th Ave to 1-95\Admim\agenda items\BCC Agenda Award of Bid 11-4-
2015.doc
Page 2
CR 512 Resurfacing from 125th Avenue to 1-95
For November 17, 2015 BCC Meeting
FUNDING
Per the SCOP grant agreement, the County must fund the project and then request
reimbursement of the 75% grant share from FDOT. Funding for the County's 25% cost share is
budgeted in Account No. 10921441-053360-15814 Secondary Roads/FDOT SCOP Grant, CR 512
Resurfacing 125th Avenue to 1-95.
RECOMMENDATION
Staff recommends that the project be awarded to Ranger Construction Industries, Inc., in the
amount of $787,526.59 and requests that the Board of County Commissioners approve the
attached sample agreement and authorize the Chairman to execute said agreement after
receipt and approval of the required Public Construction Bond and certificate of insurance and
after the County Attorney has approved the agreement as to form and legal sufficiency.
ATTACHMENTS
Sample Agreement
DISTRIBUTION
1. Terry Cook, Road & Bridge Superintendent
2. Ranger Construction Industries, Inc.
APPROVED AGENDA ITEM
FOR November 17, 2015
BY
Indian River County
Appr y
Date
Administration
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Budget
11/10/15
Legal
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IV .
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Public Works
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F.\Public Works\ENGINEERING DIVISION PROJECTS\1304-CR 512 Rcsurf(SCOP)_125th Ave to 1-95\Admim\agenda items\BCC Agenda Award of Bid 11-
4-2015.doc
SECTION 00520 - Agreement (Public Works)
TABLE OF CONTENTS
Title Page
ARTICLE .1 - WORK 2
ARTICLE 2 - THE PROJECT
ARTICLE 3 - ENGINEER
ARTICLE 4 - CONTRACT TIMES
ARTICLE 5 - CONTRACT PRICE .T<
ARTICLE 6 - PAYMENT PROCEDURE
ARTICLE 7 - INDEMNIFIOAtTION
ARTICLE 8 - CONTRACTOR'S
`F.
ARTICLE 9 - CONTRACT
irk
2
2
2
3
3
5
IONS 5
it
OCUMENTS- 6
ARTIC E 10 - MISCELLANEOUS °OUS 7
JTHE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY].
00520 - Agreement (Public Works) SAMPLE
00520 - 1
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35
SECTION 00520 - Agreement (Public Works)
THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the
State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called
OWNER)
and
(hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree as follows.
ARTICLE 1 - WORK
1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract
`cR,i4
Documents The Work is generally described as follows
,rf
The proposed improvements to CR512 from 125' Avenue to 1-95 consist: of milling and
resurfacing of the existing roadway, widening the existing paved shoulders to 5' wide,
re -grading and sodding outside shoulder. New pavement sauce shall be striped with
thermoplastic pavement markings. This is a F D.O.T.<Small County >Outreach Program
(SCOP) funded project, FM No. 433066-.1-58-01
ARTICLE 2 - THE PROJECT
2.01 The Project for whic `th Work underthe ContV Documents may be the whole or only a
part is generally describedtas fol ows•
Project:Name: CR512'Resurfacing _ .from 125th Avenue to 1-95
Cou teroject Number:' 1x304
Bid Number: 20160.03 '=tJ
FM Number: 43:3.60 6 i 58-01
Project Ad ressW: ' CR512from 125th Avenue to 1-95
Fellsmere, Florida 32948
ARTICLE 3 - ENGINEER
3.01 The Indian River. County Public Works Department is hereinafter called the ENGINEER
and will acttas ®,WNER's representative, assume all duties and responsibilities, and have
the rights and authority assigned to ENGINEER in the Contract Documents in connection
with the completion of the Work in accordance with the Contract Documents
ARTICLE 4 - CONTRACT TIMES
4.01 Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness
for final payment as stated in the Contract Documents are of the essence of the Contract.
00520 - Agreement (Public Works) SAMPLE
00520 - 2
(•\Public Works\ENGINEERING DIVISION PROJECTS\1304-CR 512 Resurf (SCOP)_125th Ave to I-95tAdmim\agenda items\00520 - Agreement (Public Works) SAMPLE.doc
361
4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment
A. The Work will be substantially completed oh or before the 120th calendar day after the
date when the Contract Times commence to run as provided in paragraph 2.03 of the
General Conditions, and completed and ready for final payment in accordance with
paragraph 14.07 of the General Conditions on or before the 150th calendar day after the
date when the Contract Times commence to run.
4.03 Liquidated Damages
A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and
that OWNER will suffer financial Toss if the Work is .ncompleted within the times
specified in paragraph 4.02 above, plus any extensions thereof.allowed in accordance with
Article 12 of the General Conditions. Liquidated damages will commence for this portion of
work. The parties also recognize the delays, expense, and difficuil es involved in proving in
a legal proceeding the actual Toss suffered by O\ R if the Work nol repleted on
time Accordingly, instead of requiring •any such proof, OWNER an:d4ONTRACTOR
agree that as liquidated damages for delay (but ;not as a penalty), CONTRACTOR shall
pay OWNER $1,742.00 for each calendar da :that expires afteal0 time specified in
paragraph 4.02 for Substantial Completion until the Work iss bstantially complete. After
Substantial Completion, if CONTRACTOR kshall <neglect, refuse,, or fail to complete the
remaining Work within the Contract Time or any proper extension thereof granted by
OWNER, CONTRACTOR shall pay ODER $1:742.00 for each calendar day that expires
after the time specified in paragraph 4.02 for coition and readiness for final payment
until the Work is co eted and read ford paymert
ARTICLE 5 - CONTRACT PRICE
5.01 OWNER shalrpay CONTRACTOR for co pletion of the Work in accordance with the
Contract Documents;: an amount in current funds equal to the sum of the amounts
determined prs uant o paragraph01.A and summarized in paragraph 5.01.B, below:
A. For all Work, at th`"e<prices stated
�n CONTRACTOR's Bid, attached hereto as an exhibit.
B. THE;CONTRACT SUM subject to additions and deductions provided in the Contract::
-i?er
Numerical Amount: $
Written Amount:
ARTICLE 6 - PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14
of the General Conditions. Applications for Payment will be processed by
ENGINEER as provided in the General Conditions and the Contract Documents.
6.02 Progress Payments.
00520 - Agreement (Public Works) SAMPLE
00520 - 3
F\Public Works\ENGINEERING DIVISION PROJECTS\1304-CR 512 Resurt (SCOP)_125th Ave to I-951Admim\agenda items\00520 - Agreement (Public Works) SAMPLE.doc
37
A. The OWNER shall make progress payments to the CONTRACTOR on the basis of
the approved partial payment request as recommended by ENGINEER in
accordance with the provisions of the Local Government Prompt Payment Act,
Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent
(10%) of the payment amounts due to the CONTRACTOR until fifty percent
(50%) completion of the work. After fifty percent (50%) completion of the work is
attained as certified to OWNER by ENGINEER in writing, OWNER shall retain
five percent (5%) of the payment amount due to CONTRACTOR until final
completion and acceptance of all work to be performed by CONTRACTOR under
the Contract Documents. Pursuant to Florida Statutessection 218.735(8)(b), fifty
percent (50%) completion means the point at which the County as OWNER has
expended fifty percent (50%) of the total cost of the construction services work
purchased under the Contract Documents, togetlerwith all costs associated with
existing change orders and other additions or mcationss to the construction
services work provided under the Contract Documents
6.03 Pay Requests.
A. Each request for a progress payment shall be submitted on the application for
payment form supplied by OWNER and th.application for y,.ment shall contain
the CONTRACTOR'S certification. All progress pay encs ill be on the basis of
progress of the work measured by the schedule of valu,ss established, or in the
case of unit price work based on he number of units completed. After fifty
percent (50%) completion, and pursuant to Florida Statutes section
218.735(8)(d), the CONTACTOR. may submit a pay request to the County as
OWNER for up to one half 12) ofhe retainage held by the County as OWNER,
and the County as OWNER s gall promptly make payment to the CONTRACTOR
unless such amounts are the subjectoa good faith dispute; the subject of a
claim pursuant toi=�l'orida Statutes section 255.05(2005); or otherwise the subject
of talaim or dem' by the .County as OWNER or the CONTRACTOR. The
CONT CJOR acknowledges that where such retainage is attributable' to the
labor, services;- or: matels su
riapplied by one or more subcontractors or suppliers,
the Contactor s all timely remit payment of such retainage to those
subcontractors -'and' ;suppliers. Pursuant to Florida Statutes section
218.735(8)(02005), CONTRACTOR further acknowledges and agrees that: 1)
theeBounty as, .OWNER shall receive immediate written notice of all decisions
by;CONRACTOR to withhold retainage on any subcontractor at greater
than five &. pereent (5%) after fifty percent (50%) ) completion; and 2)
CONTRACTOR will not seek release from the County as OWNER of the
withheld retainage until the final pay request.
6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the
County as OWNER which are paid for, in whole or in part, with federal funds and are subject to
federal grantor laws and regulations or requirements that are contrary to any provision of the
Local Government Prompt Payment Act. In such event, payment and retainage provisions shall
be governed by the applicable grant requirements and guidelines.
6.05 Acceptance of Final Payment as Release.
A. The acceptance by the CONTRACTOR of final payment shall be and shall operate
as a release to the OWNER from all claims and all liability to the CONTRACTOR
other than claims in stated amounts as may be specifically excepted by the
00520 - Agreement (Public Works) SAMPLE
00520 - 4
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38
CONTRACTOR for all things done or furnished in connection with the work
under this Contract and for ievery act and neglect of the OWNER and others
relating to or arising out of the work. Any payment, however, final or otherwise,
shall not release the CONTRACTOR or its sureties from any obligations under
the Contract Documents or the Public Construction Bond.
ARTICLE 7 - INDEMNIFICATION
7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with
paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract.
ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce OWNER to enter into this AgreementCONTRACTOR makes the
following representations'
A. CONTRACTOR has examined and carefully studied the Contract Documents and the
other related data identified in the Bidding Documents:
B. CONTRACTOR has visited the Site aridbecome familia with and is satisfied as to the
general, local, and Site conditions that may affect cost, progress, and performance of the
Work.
C. CONTRACTOR is familiar with
to all federal, state, and local Laws and
Regulations that may affect cost, ;wog ress and` performance of the Work.
D. CONTRACTOR hascarefully studied all (1) reports of explorations and tests of
subsurface conditions "at or_contiguou to the Site and all drawings of physical conditions
in or relating to existing surface or subsurfacestructures at or contiguous to the Site
(except Underground Facilities) 'ic, have been identified in the Supplementary
Conditions as";provided in paragraph 4. <45f the General Conditions and (2) reports and
drawings of azardous Environmental Condition, if any, at the Site which have been
identified in t e: Supplementary Conditions as provided in paragraph 4.06 of the General
E. -:CONTRACTOR has obtained and carefully. studied (or assumes responsibility for having
done so) aall additionaor supplementary examinations, investigations, explorations, tests,
studies, and -data concerning conditions (surface, subsurface, and Underground Facilities)
at or contiguous to the Site which may affect cost, progress, or performance of the Work
or which relate .to any aspect of the means, methods, techniques, sequences, and
procedures .of construction ;to be employed by CONTRACTOR, including applying the
specific means, methods, techniques, sequences, and procedures of construction, if any,
expressly required by the Contract Documents to be employed by CONTRACTOR, and
safety precautions and programs incident thereto
F. CONTRACTOR does not consider that any further examinations, investigations,
explorations, tests, studies, or data are necessary for the performance of the Work at the
Contract Price, within the Contract Times, and in accordance with the other terms and
conditions of the Contract Documents.
G. CONTRACTOR is aware of the general nature of work to -be performed by OWNER and
others at the Site that relates to the Work as indicated in the Contract Documents
00520 - Agreement (Public Works) SAMPLE 39
00520 - 5
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I (�
H. CONTRACTOR has correlated the information known to CONTRACTOR, information and
observations obtained from visits to the Site, reports and drawings identified in the
Contract Documents, and all additional examinations, investigations, explorations, tests,
studies, and data with the Contract Documents.
I CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or
discrepancies that CONTRACTOR has discovered in the Contract Documents, and the
written resolution thereof by ENGINEER is acceptable to CONTRACTOR.
J. The Contract Documents are generally sufficient to indicate and convey understanding of
all terms and conditions for performance and furnishing of the Work.
ARTICLE 9 - CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents consist of the following
1. This Agreement (pages 00520-1 to 0052M, inclusive);
2 Notice to Proceed (page 00550-1)
3 Public Construction Bond (pages 0061S41 .00610-3, inclusive);
.
4. Sample Certificate of Liability Icisucance (page=00620-1);
5. Contractor's Applation for Payme t (pages 0062x21 to 00622-6 inclusive);
00700.44, inclusive);
6. General Conditions (pages
7. Supplementary Conditions; (pages 00800i to 00800-11, inclusive);
8. Specifications as listed in Division 1 (General Requirements) and Division 2 (Technical
a:F�rovisions. <.
Drawings consisting of a cover sheet and sheets numbered 1 through 19, inclusive,
with.each sheet bearing the following general title: County Road 512 Resurfacing;
10. Addenda (numbers=' to , inclusive);
11. Appendices -to
his Agreement (enumerated as follows)
Appendix A — IRC Fertilizer Ordinances
12. CONTRACTOR'S BID (pages 00310-1 to 00310-6, inclusive)
13. Bid Bond (page 00430-1 inclusive), Qualifications Questionnaire (page 00456-1 to
00456-4, inclusive), List of Subcontractors (page 00458-1 inclusive).
14.Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2,
inclusive)
15.Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of
Relationships (pages 00452-1 to 00452- 2, inclusive)
00520 - Agreement (Public Works) SAMPLE
00520 - 6
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40
16 The following which may be delivered or issued on or after the Effective Date of the
Agreement and are not attached hereto:
a) Written Amendments,
b) Work Change Directives;
c) Change Order(s).
17 Contractor's Final Certificate of the Work (page 00632 12 of the Specifications)
ARTICLE 10 - MISCELLANEOUS
10 01 Terms
A. Terms used in this Agreement will have the meanings indicated in the General,Conditions.
10 02 Assignment of Contract
A. No assignment by a party hereto of any, rights under or interests in the Contract will be
binding on another party hereto without the. w n consent of the party sought to be
bound; and, specifically but without limitation; moneys that may become due and moneys
that are due may not be assigned without such consent (except to the extent that the
effect of this restriction may belimited by law), and unless specifically stated to the
contrary in any written:: consent to a assignment, no,assignment will release or discharge
the assignor from any duty: or; responsibility under the Contract Documents.
10.03 Successors and Assigns
A. OWNER and tCONTRACTOR '`each binds itself, its partners, successors, assigns, and
legal representatives to the other rty hereto, its partners, successors, assigns, and legal
roprosentatives in respectto all covenants, agreements, and obligations contained in the
Contract Documents
10 04 Severability
A. Any provision or part ofthe Contract Documents held to be void or unenforceable under
any Law or RegLilation shall be deemed stricken, and all remaining provisions shall
continue to be v671 and binding upon OWNER and CONTRACTOR, who agree that the
Contract Documents shall be reformed to replace such stricken provision or part thereof
with a valid and enforceable provision that comes as close as possible to expressing the
intention of the stricken provision.
10 05 Venue
A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit
brought by either party against the other party or otherwise arising out of this Contract
shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the
United States District Court for the Southern District of Florida.
10 06 Public Records Compliance
00520 - Agreement (Public Works) SAMPLE
00520 - 7
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41
A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The
Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor
shall:
(1) Keep and maintain public records that ordinarily and necessarily would be required
by the County in order to perform the service
(2) 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 chapter 119 or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed exipt as authorized by law.
(4) Meet all requirements for retaining public records and transfer, at no cost, to the
County all public records in possession of the Contractor upon termination of the
Agreement and destroy any duplicate public records . that are exempt or
confidential and exempt from public re'c :rds disclosure requirements��All records
stored electronically must be provided toCounty in a format thatis compatible
with the information technology systems of the'County.
B. Failure of the Contractor to comply with
this Agreement.
shall be a' material breach of
he remainder of,this page:was left blank intentionally]
00520 - Agreement (Public Works) SAMPLE
00520 - 8
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42
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in
duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions
of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on
their behalf.
This Agreement will be effective on , 20_ (the date the Contract is approved
by the Indian River County Board of County Commissioners, which is the Effective Date of the
Agreement).
OWNER: CONTRACTOR:
INDIAN RIVER COUNTY
By: By:
By:
Joseph A. Baird, County Administrator
APPROVED AS TO FORM AND . LEG
SUFFICIENCY:
Contractor)
(CO D: RA EAL)
By:
Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk of Cou
Attest:
ss for giving notices:
License No.
(Where applicable)
(SEAL) :_w k %' Agent for service of process:
Desig
Name:
Title: Assi
1801 27th Street
Vero Beach, Florida 32
(772) 226-1221
Facsimile: (772) 77: y91
ector
Designated Representative:
Name:
Title:
Address:
Phone:
Facsimile:
(If CONTRACTOR is a corporation or a
partnership, attach evidence of authority to sign.)
* * END OF SECTION * *
00520 - Agreement (Public Works) SAMPLE
00520 - 9
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43
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Joseph A. Baird, Count f'Administrator
THROUGH: Dori Roy, Assistant to County Administrat r.
FROM: Will Rice, Manager, GIS Department
DATE: November 5, 2015
SUBJECT: 2016 Oblique Aerial Imagery Acquisition Project
DESCRIPTION AND CONDITIONS
Aerial photographs are used by County staff on a daily basis to provide information on the
presence or absence of natural and man-made features and the condition of these features. For
the past decade, high resolution vertical orthoimagery has been used by staff in conjunction with
Computer Aided Design (CAD) and Geographic Information Systems (GIS) software for both
photo interpretive and planimetric mapping tasks. More recently, a newer type of aerial imagery,
oblique aerial imagery, has proved valuable in providing additional information and detail not
available in the traditional vertical aerial imagery.
Oblique aerial imagery, aerial photographs taken with the camera axis at an angle, provides side
and profile views of features. These oblique or side views frequently provide the additional
information needed to identify a feature. Also, objects that are not visible in vertical aerial
imagery can often be detected and identified using oblique imagery. For example, houses or
other structures that are obscured by heavy tree canopy in vertical imagery can often be detected
and identified using oblique aerial images.
Pictometry International Corporation is a firm that specializes in acquiring oblique aerial
imagery. Pictometry oblique aerial imagery provides the "Birds Eye View" aerial photographs
found on the Microsoft Bing website. The Counties in Florida Pictometry currently contracts
with include Brevard, St. Lucie, Broward, Palm Beach, and Okeechobee County Property
Appraisers. Indian River County has previously contracted with Pictometry in 2011, 2013, and
2015.
Staff proposes contracting with Pictometry in 2015 to acquire new oblique and vertical aerial
imagery for the eastern half of Indian River County during the first quarter of 2016. The area of
coverage for the proposed project is 285 square miles and the specific limits of the project are
shown in Attachment 1. Each area in the project area would be imaged in 5 different directions,
north, south, east, and west, and a vertical view at approximately a 3" ground resolution.
The specific deliverables for the project are listed in Section A. Imagery deliverables for the
project include a digital image library containing the oblique aerial imagery and a single
seamless image mosaic created from the vertical imagery. Pictometry has specialized software
for viewing and working with the oblique and vertical imagery. Pictometry's software
applications include their Electric Field Study (EFS) desktop software, ConnectExplorer web
Page 1 of 2
applications, Connect Mobile applications for tablets and smartphones, and Pictometry's
Extension for ArcGIS which allows the County's ArcGIS users to view the Pictometry oblique
and vertical directly in their ArcGIS software:
A concern of staff is making sure that the oblique imagery, once acquired, is made available and
distributed as widely and quickly as possible. Under,the terms of the Pictometry license
agreement, copies of the above image libraries and software can be made available to all
government entities located within Indian River County. Government entities would include all
municipal governments and Constitutional Officers including the Sheriff's Department and
Property Appraiser.
Due to the fact that we have a historical library of imagery provided by Pictometry, and that
Pictometry has a specialized nature of the oblique and vertical image library deliverables and
specialized software needed for viewing the oblique imagery, staff is requesting that Pictometry
be classified as a "sole source" provider and that the Board of County Commissioners authorize
the requirement for bids be waived for this contract.
FUNDING
The total cost of the project is $124,783.00. Funds for the project are available in the Fiscal Year
2015-2016 GIS Department budget, Account# 505-103-519-033190.
RECOMMENDATION
Staff requests that the Board of County Commissioners classify Pictometry as the sole source
provider, waive the requirement for bids, authorize the execution of the attached contract with
Pictometry as described in Section A in the amount of $124,783.00, and requests that the Board
authorize the Chairman to sign the attached agreement and related documents.
ATTACHMENTS:
1. Map of Aerial Imagery Coverage and Project Limits
2. Agreement between Pictometry International Corp. and Indian River County.
3. Section A — Product Descriptions, Prices and Payment Terms
4. Section B — License Terms
5. Section C — - Non -Standard Terms and Conditions
6. Sector Map — Pictometry Imagery Coverage Map for 285 Tiles
APPROVED AGENDA ITEM
BY:
FOR: November j'l , 2015
Page 2 of 2
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Page
AGREEMENT BETWEEN
PICTOMETRY INTERNATIONAL CORP.
INDIAN RIVER COUNTY, FL
This order form ("Order Form"), in combination with the'contract components
("Pictometry") AND
("Customer")
listed below -
understanding between Pictometry and Customer with
agreements and arrangements, whether oral or
Agreement must be made in writing and be signed by
issued by Customer in connection with this
and the terms and conditions set forth on any such
this Agreement, order of precedence for resolving such
subordinate to all others): Non -Standard Terms and
in order as listed above under the heading 'Section
the following respective addresses:
Section A. Product Descriptions, Prices and Payment Terms
Section B. License Terms.
• Delivered Content Terms and Conditions of Use
• Online Services General Terms and Conditions
• Web Visualization Offering Terms and Conditions
• Software License Agreement
Section C. Non -Standard Terms and Conditions
(all of which, collectively, constitute this "Agreement") set forth the entire
respect to the subject matter hereof and supersedes all prior representations,
written, relating to the subject matter hereof Any modifications to this
duly authorized officers of each party. Any purchase order or similar document
Agreement is issued solely for Customer's internal administrative purposes
purchase order shall be of no force or effect as between the parties.
In the event of any conflict among any contract components comprising
conflict shall be, from highest (i.e., supersedes all others) to lowest (i.e.,
Conditions; Product Descriptions, Prices and Payment Terms; License Terms
B. License Terms'; and Order Form.
All notices under this Agreement shall be in writing and shall be sent to
CUSTOMER NOTICE ADDRESS
PICTOMETRY NOTICE ADDRESS
1800 27th Street
100 Town Centre Drive, Suite A
Vero Beach, Florida 32960
Rochester. NY 14623
Attn: Will Rice. GIS Manager
Attn. Contract Administration
Phone: (772) 226-1609 Fax
Phone: (585) 486-0093 Fax: (585) 486-0098
Either party may change their respective notice address by giving written notice of such change to the other party at the other
party's then -current notice address. Notices shall be given by any of the following methods: personal delivery; reputable express
courier providing written receipt; or postage -paid certified or registered United States mail, return receipt requested. Notice shall
be deemed given when actually received or when delivery is refused.
This Agreement, including all licenses granted pursuant to it, shall be binding upon and inure to the benefit of the parties hereto,
their successors and permitted assigns, but shall not be assignable by either party except that (i) Pictometry shall have the right to
assign its right to receive Fees under this Agreement, provided no such assignment shall affect Pictometry's obligations hereunder,
and (ii) Pictometry shall have the right to assign all its rights under this Agreement to any person or entity, provided the assignee
has assumed all of Pictometry's obligations under this Agreement.
IN NO EVENT SHALL EITHER PARTY BE LIABLE, UNDER ANY CAUSE OF ACTION OF ANY KIND ARISING OUT
OF OR RELATED TO THIS AGREEMENT (INCLUDING UNDER THEORIES INVOLVING TORT, CONTRACT,
NEGLIGENCE, STRICT LIABILITY, OR BREACH OF WARRANTY), FOR ANY LOST PROFITS OR FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY THE
OTHER PARTY OR OTHERS, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
With respect to any claims that Customer may have or assert against Pictometry on any matter relating to this Agreement, the
total liability of Pictometry shall, in the aggregate, be limited to the aggregate amount received by Pictometry pursuant to this
Agreement.
The waiver by either party of any default by the other shall not waive subsequent defaults of the same or different kind.
In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be
unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this Agreement
shall remain in full force and effect.
1 of 16 Indian River County, FL— C170424 20150909 CMT -00047-20150715
47
9. Pictometry shall not be responsible for any failure on its part to perform due to unforeseen circumstances or to causes beyond
Pictometry's reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities,
fire, weather, floods, accidents, strikes, failure to obtain export licenses or shortages or delays of transportation, facilities, fuel,
energy, supplies, labor or materials. In the event of any such delay, Pictometry may defer performance for a period of time
reasonably related to the time and nature of the cause of the delay.
10. In consideration of, and subject to, payment by Customer of the Fees specified in Section A of this Agreement, Pictometry agrees
to provide Customer with access to and use of the products specified in Section A of this Agreement, subject to the terms and
conditions set forth in this Agreement. Customer hereby agrees to pay the Fees specified in Section A of this Agreement in
accordance with the stated payment terms and accepts and agrees to abide by the terms of this Agreement.
This Agreement shall become effective upon execution by duly authorized officers of Customer and Pictometry and receipt by
Pictometry of such fully executed document, such date of receipt by Pictometry being the "Effective Date."
PARTIES:
CUSTOMER
PICTOMETRY
INDIAN RIVER COUNTY, FL
PICTOMETRY INTERNATIONAL CORP.
(entity type)
a Delaware corporation
SIGNATURE:
SIGNATURE:
NAME:
NAME:
TITLE:
TITLE:
DATE:
EXECUTION DATE:
DATE OF RECEIPT (EFFECTIVE DATE)
APitoVED
ANDLEGALSU
ttlf
AS TO FORM
flC1E CY
FL — C 170424 20150909 CMT-00047-20150715
V:II-,bb4!I OEM AL
' TY coutrry Arra Iwo,
Page 2 of 16 Indian River County,
49
SECTION A PRODUCT
Pictometry International Corp
100 Town Centre Drive, Suite A
Rochester, NY 14623
DESCRIPTIONS,
PRICES AND
PAYMENT TERMS
' ORDER 4
C170424
BILLTO ,
SHIP TO
Indian River County, FL
Indian River County, FL
Will Rice
GIS Manager
Will Rice
GIS Manager
1800 27th Street
Vero Beach, Florida 32960
1800 27th Street
Vero Beach, Florida 32960
(772) 226-1609
(772) 226-1609
wrice@ircgov.com
wrice@ircgov.com
• CUSTOMER ID
. SALES REP
'FREQUENCY OF PROJECT;
Al 16541
'CDeca
Biennial
QTY
•
PRODUCT.NAME
PRODUCT DESCRIPTION
LIST PRICE
DISCOUNT-
PRICE (%)
. '-AMOUNT'-
1
Change Analysis Enterprise-
wide License
Perpetual Enterprice-wide License of Change Analysis.
$15,000.00
$0.00
(100%)
$0.00
1
E-911 Interface - Unlimited
seats in one PSAP
Perpetual License. Product enables system interface but
does not cover the actual integration. Licensee must
engage third party to provide this integration.
$5,000.00
$0.00
(100%)
$0.00
1
EAP PROGRAM
Refer to detailed description of EAP Program in attached
Agreement. ,
$0.00
$0.00
1
Electronic Field Study (EFS)
One copy of Electronic Field Study software, latest version.
$0.00
$0.00
285
IMAGERY -
NEIGHBORHOOD - 4 -way
(N5) (3in) Per Sector
Product includes: 3 -inch GSD oblique frame images (4-
way), 3 -inch GSD orthogonal frame images, 1 -meter GSD
ortho mosaic sector tiles and one area -wide 1 -meter GSD
mosaic (ECW format). Orthogonal GSD' 0.25 feet/pixel;
Nominal Oblique GSD (all values +/-10%): Front Line:
0.24 feet/pixel, Middle Line: 0.28 feet/pixel, Back Line:
0.34 feet/pixel.
$450.00
$405.00
(10%)
$115,425 00
1
Integrated Pictometry
Application
Integrated Pictometry Applications are web based
technologies that allow a developer to embed a web
instance into a product / application that connects to a
customers Licensed Pictometry-hosted imagery Currently
supports JavaScript / iFrame applications for both
Visualization (External or Public Facing) use and/or
Analytics (Internal with Measurement Tools) use. Requires
a Pictometry Connect or Pictometry Connect PFW / View
Account depending on use type.
$1,990.00
$1.990.00
1
Media Drive Capacity 931 G -
Drive Model 1T -
EXTPOWER
Extemal USB 2.0 / eSATA Externally Powered. Delivery
media prices include copying a complete image library
onto media. Sub -warehousing sold separately
$199.00
$199.00
285
Mosaic - Area Wide (3in
GSD; MrSID format:
individual) Per Sector
Available with purchase of corresponding AccuPlus
product. New processing or re -processing to MrSID of
individual tiles of 3 -inch GSD imagery Tiles are provided
"as is." Refer to Product Parameters for additional details.
$2.00
$1.80
(10%)
$513.00
1
Oblique Imagery Bundle with
Two (2) Years of EFS
Maintenance & Support
Includes digital copy of the Licensed Documentation for
the License Software, two (2) End User Training Sessions,
one (1) Advanced User Technical Training, one (1)
Administration / IT Training Session, ten (10) hours of
telephone support, one copy of Pictometry Electronic Field
Study (EFS) software, latest version, on the storage media
specified herein, and access to download updated versions
of the EFS Licensed Software for a period of two years
from the initial date of shipment of the EFS software, along
with a copy of the updated documentation.
$0.00
$0 00
1
Pictometry Connect View -
CA
Pictometry Connect View - CA (Custom Access) provides
visualization -only access to the Pictometry-hosted custom
imagery libraries specified elsewhere in this Agreement via
a web application or server based integration. Requires a
customer -provided web application or server based
application. With respect to imagery available through this
product to third parties or the Public, Pictometry reserves
$500.00
$500.00
Page 3 of 16 Indian River County, FL — C 170424 20150909 CMT -00047-20150715
•
49
50
the right to reduce the resolution of the imagery available.
Term commences on date of activation. Term ends upon
the earlier to occur of(i) the expiration of the term
specified elsewhere in this Agreement, or (ii) the volume of
geocode requests submitted through the application
exceeding 10,000
License Term: 1 Year(s)
1
State License Fee
State license fee.
$0.00
$0.00
1
Survey Report - Imagery
Available with corresponding imagery purchase. Product
$1,500.00
SO 00
$0.00
Project - Compiled To
Includes: Report signed/sealed by appropriately
Accuracy Statement
credentialed personnel. Report details production statistics
including GPS/INS post processing and includes an
(100%)
NSSDA compliant "Compiled To" accuracy statement.
285
Tiles - Standard (3in GSD;
TIFF format) Per Sector
Available with corresponding 3" GSD imagery purchase. 3-
inch GSD Mosaic Tiles in TIFF Format. Tiles are provided
$20.00
$18.00
$5_.130 00
"as is." Refer to Product Parameters for additional details.
(10%)
285
Tiles - Standard Compressed
Available with purchase of corresponding tile product.
54.00
$3 60
$1,026.00
(3in GSD: MrSID format) Per
New processing or re -processing to MrSID of individual
Sector
tiles of 3 -inch GSD imagery Tiles are provided "as is."
(10%)
Refer to Product Parameters for additional details.
Thank you for choosing Pictometry as your service provider. TOTAL
$124,783.00
'Amount per product = ((l -Discount %) * Qty * List Price)
FEES; PAYMENT TERMS
All amounts due to Pictometry pursuant to this Agreement ("Fees") are expressed in United States dollars and do not include any duties, taxes (including,
without limitation, any sales, use, ad valorem or withholding, value added or other taxes) or handling fees, all of which are in addition to the amounts
shown above and, to the extent applicable to purchases by Customer, shall be paid by Customer to Pictometry without reducing any amount owed to
Pictometry unless documents satisfactory to Pictometry evidencing exemption from such taxes is provided to Pictometry prior to billing. To the
extent any amounts properly invoiced pursuant to this Agreement are not paid within thirty (30) days following the invoice due date, such unpaid
amounts shall accrue, and Customer shall pay, interest at the rate of 1.5% per month (or at the maximum rate allowed by law, if less). In addition,
Customer shall pay Pictometry all costs Pictometry incurs in collecting past due amounts amount due under this Agreement including, but not limited to,
attorneys' fees and court costs.
Due at Initial Shipment of Imagery $122,293.00
Due at Activation $2,490.00
Total Payments $124,783 00
PRODUCT PARAMETERS
IMAGERY'
Product: IMAGERY - NEIGHBORHOOD - 4 -way (N5) (3in) Per Sector
Elevation Source Customer Provided — LiDAR
Leaf Less than 30% leaf cover (Off)
Special Instructions.
Standard Ortho Mosaic Products. Pictometry standard ortho mosaic products are produced through automated mosaickmg processes that incorporate digital
elevation data with individual Pictometry ortho frames to create large -area mosaics on an extremely cost-effective basis. Because these products are produced
through automated processes, rather than more expensive manual review and hand -touched corrective processes, there may be inherent artifacts in some of the
resulting mosaics. While Pictometry works to minimize such artifacts, the Pictometry standard ortho mosaic products are provided on an 'AS IS' basis with
respect to visible cutlines along mosaic seams resulting from the following types of artifacts:
i Disconnects in non -elevated surfaces generally caused by inaccurate elevation data,
ii Disconnects in elevated surfaces (e.g., roadways, bridges, etc.) generally caused by elevated surfaces not being represented in the elevation data;
iii. Building intersect and clipping generally caused by buildings not being represented in the elevation data;
iv Seasonal variations caused by images taken at different times during a season, or during different seasons:
v Ground illumination variations caused by images taken under different illumination (e.g., sunny, high overcast, moming Tight, aftemoon Tight, etc.)
within one flight day or during different flight days;
vi. Single GSD color variations caused by illumination differences or multiple-aircraft/camera captures;
vii. Mixed GSD color variations caused by adjacent areas being flown at different ground sample distances (GSDs); and
viii. Water body color variations caused by multiple individual frames being used to create a mosaic across a body of water (e.g., lakes, ponds, rivers, etc.).
Other Pictometry products may be available that are less prone to such artifacts than the Pictometry standard ortho mosaic products.
CONNECT
Product: Pictometry Connect View - CA
Admin User- Will Rice
Page 4 of 16 Indian River County, FL — C170424 20150909 CMT -00047-20150715
50
SECTION B LICENSE TERMS
PICTOMETRY DELIVERED CONTENT
TERMS AND CONDITIONS OF USE
These Pictometry Delivered Content Terms and Conditions of Use (the '"Delivered Content Terms and Conditions") in combination with the corresponding
Agreement into which these terms are incorporated, collectively set forth the terms and conditions that govern use of Delivered Content (as hereinafter defined) for
use within computing environments operated by parties other than Pictometry As used in the Delivered Content Terms and Conditions the terms you" and `your"
in uppercase or lowercase shall mean the Customer that entered into the Agreement into which the Delivered Content Terms and Conditions are incorporated.
1. DEFINITIONS
1.1 "Authorized Subdivision" means, if you are a county or a non -state consortium of counties, any political unit or subdivision located totally or substantially
within your boundaries that you authorize to have access to Delivered Content pursuant to the Delivered Content Terms and Conditions.
1.2 "Authorized System" means a workstation or server that meets each of the following criteria (i) it is owned or leased by you or an Authorized Subdivision,
(ii) it is located within and only accessible from facilities that are owned or leased by you or an Authorized Subdivision, and (iii) it is under the control of
and may only be used by you or Authorized Subdivisions.
1.3 "Authorized User" means any employee of you or Authorized Subdivisions that is authorized by you to have access to the Delivered Content through an
Authorized System.
1.4 "Delivered Content" means the images, metadata, data layers, models, reports and other geographic or structural visualizations or embodiments included
in, provided with, or derived from the information delivered to you by or on behalf of Pictometry pursuant to the Agreement.
1.5 "Project Participant" means any employee or contractor of persons or entities performing services for compensation for you or an Authorized Subdivision
that has been identified by written notice to Pictometry prior to being granted access to Delivered Content and, unless Pictometry expressly waives such
requirement for any individual, has entered into a written agreement with Pictometry authorizing such access.
2. GRANT OF RIGHTS; RESTRICTIONS ON USE; OWNERSHIP
2.1 Subject to the terms and conditions of the Agreement, you are granted nonexclusive, nontransferable, limited rights to:
(a) install the Delivered Content on Authorized Systems;
(b) permit access and use of the Delivered Content through Authorized Systems by
(i) Authorized Users for performance of public responsibilities of you or Authorized Subdivisions that are to be performed entirely within
facilities of you or Authorized Subdivisions;
(ii) Project Participants under the supervision of Authorized Users for performance of tasks or preparation of materials using only hard copies
(or jpg copies) of Delivered Content solely for fulfilling public responsibilities of you or Authorized Subdivisions to be performed entirely
within facilities of you or Authorized Subdivisions; and
(iii) individual members of the public, but only through Authorized Users.and solely for the purpose of making hard copies or jpg copies of
images of individual properties or structures (but not bulk orders of multiple properties or structures) to the individual members of the public
requesting them.
2.2 You may not reproduce, distribute or make derivative works based upon the Delivered Content in any medium, except as expressly permitted in the
Delivered Content Terms and Conditions.
2.3 You may not offer any part of the Delivered Content for commercial resale or commercial redistribution in any medium.
2.4 You may not distribute or otherwise make available any Delivered Content to Google or its affiliates, either directly or indirectly
2.5 You may not exploit the goodwill of Pictometry, including its trademarks, service marks, or logos, without the express written consent of Pictometry
2.6 You may not remove, alter or obscure copyright notices or other notices contained in the Delivered Content.
2.7 All right, title, and interest (including all copyrights, trademarks and other intellectual property rights) in Delivered Content in all media belong to
Pictometry or its third party suppliers. Neither you nor any users of the Delivered Content acquire any proprietary interest in the Delivered Content, or any
copies thereof, except the limited use rights granted herein.
3. OBLIGATIONS OF CUSTOMER
3.1 Geographic Data. If available, you agree to provide to Pictometry geographic data in industry standard format (e.g., shape, DBF) including, but not limited
to, digital elevation models, street centerline maps, tax parcel maps and centroids, which data, to the extent practicable, shall be incorporated into the
Delivered Content. You agree that any of this data that is owned by you may be distributed and modified by Pictometry as part of its products and services,
provided that at no time shall Pictometry claim ownership of that data.
3.2 Notification. You shall (a) notify Pictometry in writing of any claims or proceedings involving any of the Delivered Content within ten (10) days after
you learn of the claim or proceeding, and (b) report promptly to Pictometry all claimed or suspected defects in Delivered Content.
3.3 Authorized User Compliance. You shall at all times be responsible for compliance by each Authorized User with the Delivered Content Terms and
Conditions.
3.4 Authorized Subdivision Compliance. You shall at all times be responsible for compliance by each Authorized Subdivision with the Delivered Content
Terms and Conditions.
3.5 Project Participants. Each notice to Pictometry identifying a potential Project Participant shall include a detailed description of the scope and nature of
the Project Participants' planned work and the intended use of the Delivered Content in such work. Pictometry retains the right to restrict or revoke access
to Delivered Content by any Project Participant who does not comply with the terms of the Delivered Content Terms and Conditions.
4. LICENSE DURATION; EFFECT OF TERMINATION
4.1 Term. The license granted to you in the Delivered Content Terms and Conditions is perpetual, subject to Pictometry's right to terminate the license in the
event you do not pay in full the Fees specified elsewhere in the Agreement, the Agreement is terminated for any reason other than a breach of the Agreement
by Pictometry, or as otherwise provided in the Agreement.
4.2 Effect of Termination. Upon termination of the license granted to you in the Delivered Content Terms and Conditions, you shall immediately cease all
use of the Delivered Content, promptly purge all copies of the Delivered Content from all workstations and servers on which any of it may be stored or
available at the time, and retum hard drive/media containing Delivered Content to Pictometry
5. TRADEMARKS; CONFIDENTIALITY'
5.1 Use of Pictometry's Marks. You agree not to attach any additional trademarks, trade names, logos or designations to any Delivered Content or to any
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copies of any Delivered Content without prior written approval from Pictometry You may, however, include an appropriate government seal and your
contact infonnation so long as the seal and contact information in no way obscure or deface the Pictometry marks. You further agree that you will not use
any Pictometry trademark, trade name, logo, or designation in connection with any product or service other than the Delivered Content. Your nonexclusive
right to use Pictometry's trademarks, trade name, logos, and designations are coterminous with the license granted to you in the Delivered Content Terms.
5.2 Confidentiality of Delivered Content. The Delivered Content consists of commercially valuable, proprietary products owned by Pictometry, the design
and development of which reflect an investment of considerable time, effort, and money The Delivered Content is treated by Pictometry as confidential
and contains substantial trade secrets of Pictometry You agreeithat you will not disclose, provide a copy of, or disseminate the Delivered Content (other
than as expressly permitted in the Delivered Content Terms and Conditions) or any part thereof to any person in any manner or for any purpose inconsistent
with the license granted to you in the Delivered Content Terms and Conditions. You agree to use your best efforts to assure that your personnel. and any
others afforded access to the Delivered Content, protect the Delivered Content against unauthorized use. disclosure, copying, and dissemination, and that
access to the Delivered Content and each part thereof will be strictly limited.
6. LIMITED WARRANTY; DISCLAIMER OF WARRANTIES
6.1 Limited Warranties; Exclusive Remedy. Pictometry warrants that the Delivered Content will contain true and usable copies of the designated imagery
as of the date of capture. As the sole and exclusive remedy for any breach of the foregoing warranty, Pictometry shall use reasonable efforts to correct any
deficiency that precludes use of the Delivered Content in the manner intended.
6.2 Disclaimer of Other Warranties. Except as provided in Section 6.1, above, THE DELIVERED CONTENT IS PROVIDED TO YOU "AS IS" AND
"WITH ALL FAULTS." PICTOMETRY MAKES NO OTHER WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED, OR
STATUTORY ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF PERFORMANCE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ACCURACY, ARE HEREBY DISCLAIMED AND EXCLUDED BY
PICTOMETRY
6.3 Limitation of Liability. With respect to any other claims that you may have or assert against Pictometry on any matter relating to the Delivered Content,
the total liability of Pictometry shall, in the aggregate, be limited to the aggregate amount received by Pictometry in payment for Delivered Content during
the immediately preceding twenty-four (24) month period.
7. MISCELLANEOUS PROVISIONS
7.1 Restricted Rights. Delivered Content acquired with United States Govemment funds or intended for use within or for any United States federal agency
is provided with "Restricted Rights" as defined in DFARS 252.227-7013, Rights in Technical Data and Computer Software and FAR 52.227-14, Rights in
Data -General, including Alternate 111, as applicable.
7.2 Governing Law. This License Agreement shall be govemed by and interpreted in accordance with the laws of the State of New York, excluding its
conflicts of law principles.
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SECTION B LICENSE TERMS
PICTOMETRY ONLINE SERVICES
GENERAL TERMS AND CONDITIONS
These Pictometry Online Services General Terms and Conditions (the "General Terms and Conditions"), in combination with the corresponding Pictometry order
form, if any, collectively constitute the license agreement (the "License Agreement") that governs your use of the Pictometry online services (the "Online
Services"), the images available in the Online Services, and all associated metadata and data layers included in, provided with, or derived from those images (the
"Licensed Content") provided by Pictometry International Corp. and its affiliated companies (collectively, "Pictometry"). The terms "you" and "your" in uppercase
or lowercase shall mean the individual, entity (e.g., corporation, limited liability company, partnership, sole proprietor, etc.) or government agency entering into the
License Agreement.
1. GRANT OF RIGHTS; RESTRICTIONS ON USE; OWNERSHIP
1 1 You are granted a nonexclusive, nontransferable, limited right to access and use the Online Services and the Licensed Content obtained or derived from
the Online Services solely for your intemal business purposes and not for resale or redistribution. The rights granted to you include, subject to the
restrictions set forth below and on the Order Form, the right to copy limited portions of the Licensed Content onto your computer to facilitate preparation
of hardcopies and work product records, and the right to make hardcopies of the Licensed Content, provided that the Licensed Content and the permitted
copies thereof may not be sold, leased, loaned, distributed, or copied for use by anyone other than you.
1.2 You may not make the Online Services available to any other party
1.3 You may not copy the Licensed Content or portions thereof onto any computer or storage device or media for the purpose of creating or maintaining one
or more databases of that content for use in substitution for subsequent access to the content through the Online Services.
1 4 You may not distribute or otherwise make available any Licensed 'Content CO Google or its affiliates, either directly or indirectly
1.5 You may not exploit the goodwill of Pictometry, including its trademarks, service marks, or logos, without the express written consent of Pictometry
1.6 You may not remove, alter or obscure copyright notices or other notices contained in the Licensed Content.
1 7 You may not offer any part of the Online Services or the Licensed Content for commercial resale or commercial redistribution in any medium.
1.8 You may not use the Online Services or the Licensed Content to compete with any businesses of Pictometry
1 9 You may not use information included in the Online Services or the Licensed Content to determine an individual consumers eligibility for (a) credit or
insurance for personal, family, or household purposes; (b) employment; or (c) a govemment license or benefit. The term "consumer" is defined in the
United States Fair Credit Reporting Act at 15 USC § 1681
1 10 You may not access the Online Services via mechanical, programmatic, robotic, scripted or any other automated means. Unless otherwise agreed by
Pictometry in writing, use of the Online Services is permitted only via manually conducted, discrete, human -initiated individual search and retrieval
activities.
1 11 All right, title, and interest (including all copyrights, trademarks and other intellectual property rights) in the Online Services and the Licensed Content in
all media belong to Pictometry or its third party suppliers. Neither you nor any users of the Online Services or the Licensed Content acquire any
proprietary interest in the Online Services, the Licensed Content, or any copies thereof, except the limited use rights granted herein.
2. ACCESS TO SERVICES
2.1 Only you, your employees, and temporary or contract employees dedicated to performing work exclusively for you (each, an "Eligible User" and
collectively, the "Eligible Users") are eligible to access and use the Online Services and the Licensed Content pursuant to the License Agreement. Each
Eligible User to be provided access to the Online Service shall be assigned a unique login/password ("Pictometry Credential") for purposes of accessing
the Online Services. You agree that each Pictometry Credential shall only be used by the Eligible User to whom it was originally assigned and that
Pictometry Credentials may not be shared with, or used by, any other person, including other Eligible Users. You will promptly deactivate an Eligible
User's Pictometry Credential in the event the Eligible User no longer meets the eligibility requirements or you otherwise wish to terminate the Eligible
User's access to the Online Services. You are responsible for all use of the Online Services accessed with Pictometry Credentials issued to your Eligible
Users, including associated charges, whether by Eligible Users or others. You will use reasonable commercial efforts to prevent unauthorized use of
Pictometry Credentials assigned to your Eligible Users and will promptly deactivate any Pictometry Credentials you suspect are lost, stolen,
compromised, or misused.
2.2 The Online Services, the Licensed Content, and features and functionality within the Online Services may be enhanced, added to, withdrawn, or
otherwise changed by Pictometry without notice.
2.3 You are aware and understand that any user data collected or stored by the Online Services may be accessed by US law enforcement agencies under the
US PATRIOT Act. You hereby release, and agree to hold Pictometry harmless from, all claims against Pictometry with respect to such access.
3. DISCLAIMERS
3 1 The Online Services and the Licensed Content are provided for visualization purposes only, are not authoritative or definitive, and do not constitute
professional engineering or surveying services.
3.2 The Online Services and the Licensed Content are not to be relied upon to precisely locate or determine property boundaries and should not be used in
lieu of a professional survey where the accuracy of measurements, distance, height, angle, area and volume, may have significant consequences.
3.3 All measurements and reports generated by the Online Services or from the Licensed Content are based upon second order visualization and
measurement data that do not provide authoritative or definitive measurement results suitable for professional engineering or surveying purposes.
3 4 Contour information obtained from the Online Services or contained in the Licensed Content is generated from undersampled elevation data, is provided
for informational purposes only, and is not suitable for use as the basis for hydrographic computations, estimations or analyses.
3.5 While the Online Services and the Licensed Content may be considered useful supplements for life critical applications, they are not designed or
maintained to support such applications and Pictometry and its third party suppliers of the Online Services and the Licensed Content hereby disclaim all
liability for damages claims and expenses arising from such use.
3 6 Your reliance on the Online Services and the Licensed Content should only be undertaken after an independent review of their accuracy, completeness,
efficacy, timeliness and adequacy for your intended purpose.
3 7 Pictometry and each third party supplier of any portion of the Online Services or the Licensed Content assume no responsibility for any consequences
resulting from the use of the Online Services or the Licensed Content.
3.8 Pictometry and each third party supplier of any portion of the Online Services or the Licensed Content hereby disclaim all liability for damages, claims
and expenses arising from or in any way related to the accuracy or availability of the Online Services and the Licensed Content.
3.9 By accepting these General Terms and Conditions or by using the Online Services or the Licensed Content, you waive any and all rights you may have
against Pictometry, each third party supplier of any portion of the Online Services or the Licensed Content, and each of their directors, officers, members
and employees, arising out of use of or reliance upon the Online Services or the Licensed Content.
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4. LIMITED WARRANTY
4 I Pictometry represents and warrants that it has the right and authority to make the Online Services and the Licensed Content available to you and your
Eligible Users as authorized expressly by this License Agreement.
4.2 EXCEPT AS OTHERWISE PROVIDED IN SECTION 4 1, THE ONLINE SERVICES AND LICENSED CONTENT ARE PROVIDED ON AN "AS
IS", "AS AVAILABLE" BASIS AND PICTOMETRY AND EACH THIRD PARTY SUPPLIER OF LICENSED CONTENT EXPRESSLY DISCLAIM
ALL OTHER WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5. LIMITATION OF LIABILITY
5 1 No Covered Party (as defined below) shall be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in
or omissions from the Online Services or the Licensed Content, (b) the unavailability or interruption of the Online Services or any features thereof or the
Licensed Content, (c) your or an Eligible User's use of the Online Services or the Licensed Content, (d) the loss or corruption of any data or equipment in
connection with the Online Services or the Licensed Content, (e) the content, accuracy, or completeness of the Licensed Content, all regardless of
whether you received assistance in the use of the Online Service from a Covered Party, (f) any delay or failure in performance beyond the reasonable
control of a Covered Party, or (g) any content retrieved from the Internet even if retrieved or linked to from within the Online Services.
5.2 "Covered Party" means (a) Pictometry and any officer, director, employee, subcontractor, agent, successor, or assign of Pictometry; and (b) each third
party supplier of any Licensed Content, third party alliance entity, their affiliates, and any officer, director, employee, subcontractor, agent. successor, or
assign of any third party supplier of any Licensed Content or third party alliance entity and their affiliates.
5.3 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF
THE COVERED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE ONLINE SERVICES OR THE
LICENSED CONTENT OR THIS LICENSE AGREEMENT EXCEED THE LESSER OF YOUR ACTUAL DIRECT DAMAGES OR THE AMOUNT
YOU PAID FOR THE ONLINE SERVICES IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE.
YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE
AGAINST ANY COVERED PARTY
5 4 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER YOU NOR THE COVERED PARTIES WILL BE LIABLE FOR
ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE ONLINE
SERVICES, THE LICENSED CONTENT, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS. THE
FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO A PARTY'S INDEMNITY OBLIGATIONS OR YOUR (AND YOUR
ELIGIBLE USERS') INFRINGEMENT OF INTELLECTUAL PROPERTY OR MISAPPROPRIATION OF PROPRIETARY DATA BELONGING TO
PICTOMETRY OR ITS THIRD PARTY SUPPLIERS
5.5 Notwithstanding anything to the contrary in this Section 5
(a) If there is a breach of the warranty in Section 4 1 above, then Pictometry, at its option and expense, shall either defend or settle any action and hold
you harmless against proceedings or damages of any kind or description based on a third party's claim of patent, trademark, service mark, copyright
or trade secret infringement related to use of the Online Services or the Licensed Content, asserted against you by such third party provided: (i) all
use of the Online Services and the Licensed Content was in accordance with this License Agreement; (ii) the claim, cause of action or infringement
was not caused by you modifying or combining the Online Services or the Licensed Content with or into other products, applications, images or
data not approved by Pictometry; (iii) you give Pictometry prompt notice of such claim, and (iv) you give Pictometry the right to control and direct
the investigation, defense and settlement of such claim. You, at Pictometry's expense, shall reasonably cooperate with Pictometry in connection
with the foregoing.
(b) In addition to Section 5.5(a), if the Online Services, the operation thereof or the Licensed Content become, or in the opinion of Pictometry are likely
to become, the subject of a claim of infringement, Pictometry may, at its option and expense, either (i) procure for you the right to continue using
the Online Services or the Licensed Content, (ii) replace or modify the Online Services or the Licensed Content so that they become non -infringing;
or (iii) terminate the License Agreement on notice to you and grant you a pro -rata refund or credit (whichever is applicable) for any pre -paid fees or
fixed charges.
(c) The provisions of Sections 5.5(a) and (b) shall constitute your sole and exclusive remedy for the respective matters specified therein
6. MISCELLANEOUS
6.1 The terms and conditions of this License Agreement may be changed from time to time immediately upon notice to you. If any changes are made to this
License Agreement, such changes will. (a) only be applied prospectively; and (b) not be specifically directed against you or your Eligible Users but will
apply to all similarly situated Pictometry customers using the Online Services. You may terminate this License Agreement upon written notice to
Pictometry if any change to the terms and conditions of this License Agreement is unacceptable to you. For termination to be effective under this Section
6 1, written notice of termination must be provided to Pictometry within 90 days of the effective date of the change. Continued use of the Online
Services following the effective date of any change constitutes acceptance of the change, but does not affect the foregoing termination right. Except as
provided above, this License Agreement may not be supplemented, modified or otherwise revised unless signed by duly authorized representatives of
both parties. Furthermore, this License Agreement may not be supplemented, modified or otherwise revised by email exchange, even if the email
contains a printed name or signature line bearing signature -like font. The foregoing does not prohibit the execution of electronic contracts bearing
electronic signatures of authorized representatives of both parties, provided such signatures include digital certifications or are otherwise authenticated.
6.2 In the event of a breach of this License Agreement by you, any Eligible User or someone using the Pictometry Credential of an Eligible User, Pictometry
may temporarily suspend or discontinue providing access to the Online Services to any or all Eligible Users without notice and Pictometry may pursue
any other legal remedies available to it.
6.3 All notices and other communications hereunder shall be in writing or displayed electronically in the Online Services by Pictometry Notices shall be
deemed to have been properly given on the date deposited in the mail, if mailed: on the date first made available, if displayed in the Online Services; or
on the date received, if delivered in any other manner Legal notices to Pictometry should be sent to Pictometry, Attn: General Counsel, 100 Town
Centre Drive, Suite A, Rochester, New York 14623
6 4 The failure of you, Pictometry, or any third party supplier of the Online Services or any Licensed Content to enforce any provision hereof shall not
constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
6.5 Neither you nor any Eligible User may assign or otherwise transfer your rights or delegate your duties under this License Agreement without the prior
written consent of Pictometry Any attempt by you or any Eligible User to assign, transfer or delegate your rights or obligations under this License
Agreement without Pictometry's consent shall be void, and shall also void the limited license granted to you by this License Agreement. This License
Agreement and any amendment thereto shall be binding on, and will inure to the benefit of the parties and their respective successors and permitted
assigns.
6.6 This License Agreement shall be governed by and interpreted in accordance with the laws of the State of New York, excluding its conflicts of law
principles. Unless you are a government entity, in the event that any legal proceedings are commenced with respect to any matter arising under this
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License Agreement, the parties specifically consent and agree that the courts of the State of New York or, in the alternative, the Federal Courts located in
the State of New York shall have exclusive jurisdiction over each of the parties and over the subject matter of any such proceedings, and that the venue of
any such action shall be in Monroe County, New York or the U.S District Court for the Westem District of New York, as applicable.
6.7 This License Agreement will be enforced to the fullest extent permitted by applicable law If any provision of this License Agreement is held to be
invalid or unenforceable to any extent, then (a) such provision will be interpreted, construed and reformed to the extent reasonably required to render it
valid, enforceable and consistent with its original intent and (b) such invalidity or unenforceability will not affect any other provision of this License
Agreement.
6.8 Where applicable, each affiliated company of Pictometry and each third party supplier of the Online Services or any Licensed Content has the right to
assert and enforce the provisions of this License Agreement directly on its own behalf as a third party beneficiary
6 9 In the event of a breach of your obligations under this License Agreement or your payment obligations with respect to access to the Online Services or
the Licensed Content, you agree to pay all of Pictometry's costs of enforcement and collection, including court costs and reasonable attorneys' fees.
6.10 This License Agreement constitutes the entire agreement of the parties with respect to its subject matter and replaces and supersedes any prior Written or
verbal communications, representations, proposals or quotations relating to that subject matter
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SECTION B LICENSE TERMS
PICTONIETRY WEB VISUALIZATION OFFERING
TERMS AND CONDITIONS
These Pictometry Web Visualization Offering Terms and Conditions (the "WVO Terms and Conditions"), in combination with the corresponding Pictometry order
form, if any, collectively constitute the license agreement (the "WVO License Agreement") that govems your use of Pictometry web visualization offerings (the
"WVO Services"), the images available in the WVO Services, and all associated metadata and data layers included in, provided with, or derived from those images
(the "WVO Licensed Content") provided by Pictometry International Corp. and its affiliated companies (collectively, "Pictometry"). The terms "you" and "your" in
uppercase or lowercase shall mean the individual, entity (e.g., corporation, limited liability company, partnership, sole proprietor, etc ) or government agency
entering into the WVO License Agreement.
1. GRANT OF RIGHTS; RESTRICTIONS ON USE; OWNERSHIP
1 1 You are granted a nonexclusive, nontransferable, limited right to use and to provide public access to, and use of, the WVO Services solely for purposes of
providing access to WVO Licensed Content in response to human -initiated, discrete location -specific requests through a single web site operated
exclusively by or for you to serve you and your public constituencies and not for resale or redistribution or commercial use of any nature.
1.2 You may not copy or retain copies of the WVO Licensed Content obtained through the WVO Services or portions thereof onto any computer or storage
device or media for the purpose of creating or maintaining one or more databases of that content for use in substitution for subsequent access to the
content through the WVO Services or any other Pictometry Services, nor will your authorize or permit any user of the WVO Services to do so.
1.3 You may not exploit the goodwill of Pictometry, including its trademarks, service marks, or logos without the express written consent of Pictometry
1 4 You may not remove, alter or obscure copyright notices or other notices contained in the WVO Licensed Content.
1.5 You may not offer any part of the WVO Services or the WVO Licensed Content for commercial resale or commercial redistribution in any medium.
1.6 All right, title, and interest (including all copyrights, trademarks and other intellectual property rights) in the WVO Services and the WVO Licensed
Content in all media belong to Pictometry or its third party suppliers. Neither you nor any users of the WVO Services or the WVO Licensed Content
acquire any proprietary interest in the WVO Services, the WVO Licensed Content, or any copies thereof, except the limited use rights granted herein.
2. TERMS OF ACCESS TO WVO SERVICES
2.1 You shall provide to all end-users of the WVO Services on the page through which they access such services conspicuous notice of the following terms
of access: (a) WVO Licensed Content available through the WVO is copyrighted material, (b) end-users of the WVO Services are granted the right to
access and view the WVO Licensed Content through the WVO Services for personal use only and not for commercial purposes of any type, (c) end-users
of the WVO Services are prohibited from reproducing, reselling, transferring, redistributing or creating derivative works from WVO Licensed Content,
(d) all right, title, and interest (including all copyrights, trademarks and other intellectual property rights) in the WVO Services and the WVO Licensed
Content in all media belong to Pictometry or its third party suppliers, and (e) THE WVO SERVICES AND WVO LICENSED CONTENT ARE
PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND PICTOMETRY AND EACH THIRD PARTY SUPPLIER OF WVO LICENSED
CONTENT EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE.
2.2 The WVO Services, the WVO Licensed Content, and features and functionality within the WVO Services may be enhanced, added to, withdrawn, or
otherwise changed by Pictometry without notice.
2.3 You are aware and understand that any user data collected or stored by the WVO Services may be accessed by US law enforcement agencies under the
US PATRIOT Act. You hereby release, and agree to hold Pictometry harmless from, all claims against Pictometry with respect to such access.
3. DISCLAIMERS
3 1 The WVO Services and the WVO Licensed Content are provided for visualization purposes only, are not authoritative or definitive, and do not constitute
professional engineering or surveying services.
3.2 The WVO Services and the WVO Licensed Content are not to be relied upon to precisely locate or determine property boundaries and should not be used
in lieu of a professional survey where the accuracy of measurements, distance, height, angle, area and volume, may have significant consequences.
3.3 All measurements and reports generated by the WVO Services or from the WVO Licensed Content are based upon second order visualization and
measurement data that do not provide authoritative or definitive measurement results suitable for professional engineering or surveying purposes.
3 4 Contour information obtained from the WVO Services or contained in the WVO Licensed Content is generated from undersampled elevation data, is
provided for informational purposes only, and is not suitable for use as the basis for hydrographic computations, estimations or analyses.
3.5 While the WVO Services and the WVO Licensed Content may be considered useful supplements for life critical applications, they are not designed or
maintained to support such applications and Pictometry and its third party suppliers of the WVO Services and the WVO Licensed Content hereby
disclaim all liability for damages, claims and expenses arising from such use.
3 6 Your reliance on the WVO Services and the WVO Licensed Content should only be undertaken after an independent review of their accuracy,
completeness, efficacy, timeliness and adequacy for your intended purpose.
3 7 Pictometry and each third party supplier of any portion of the WVO Services or the WVO Licensed Content assume no responsibility for any
consequences resulting from the use of the WVO Services or the WVO Licensed Content.
3.8 Pictometry and each third party supplier of any portion of the WVO Services or the WVO Licensed Content hereby disclaim all liability for damages,
claims and expenses arising from or in any way related to the accuracy or availability of the WVO Services and the WVO Licensed Content.
3.9 By accepting these WVO Terms and Conditions or by using the WVO Services or the WVO Licensed Content, you waive any and all rights you may
have against Pictometry, each third party supplier of any portion of the WVO Services or the WVO Licensed Content, and each of their directors,
officers, members and employees, arising out of use of or reliance upon the WVO Services or the WVO Licensed Content.
4. LIMITED WARRANTY
4 1 Pictometry represents and warrants that it has the right and authority to make the WVO Services and the WVO Licensed Content available to you as
authorized expressly by this WVO License Agreement.
4.2 EXCEPT AS OTHERWISE PROVIDED IN SECTION 4 1, THE WVO SERVICES AND WVO LICENSED CONTENT ARE PROVIDED ON AN
"AS IS", "AS AVAILABLE" BASIS AND PICTOMETRY AND EACH THIRD PARTY SUPPLIER OF WVO LICENSED CONTENT EXPRESSLY
DISCLAIM ALL OTHER WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
5. LIMITATION OF LIABILITY
5 I No Covered Party (as defined below) shall be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in
or omissions from the WVO Services or the WVO Licensed Content, (b) the unavailability or interruption of the WVO Services or any features thereof or
the WVO Licensed Content, (c) your or any other party's use of the WVO Services or the WVO Licensed Content, (d) the loss or corruption of any data
or equipment in connection with the WVO Services or the WVO Licensed Content, (e) the content, accuracy, or completeness of the WVO Licensed
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Concent, all regardless of any assistance received in the use of the WVO Service from a Covered Party, (f) any delay or failure in performance beyond the
reasonable control of a Covered Party, or (g) any content retrieved from the Internet even if retrieved or linked to from within the WVO Services.
5.2 "Covered Party" means (a) Pictometry, its affiliates and any officer, director, employee, subcontractor, agent, successor, or assign of Pictometry or its
affiliates: and (b) each third party supplier of any WVO Licensed Content, third party alliance entity, their affiliates, and any officer, director, employee,
subcontractor, agent, successor, or assign of any third party supplier of any WVO Licensed Content or third party alliance entity and their affiliates.
5.3 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF
THE COVERED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE WVO SERVICES OR THE WVO
LICENSED CONTENT OR THIS WVO LICENSE AGREEMENT EXCEED THE LESSER OF YOUR ACTUAL DIRECT DAMAGES OR THE
AMOUNT YOU PAID FOR THE WVO SERVICES IN THE TWENTY-FOUR MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE
CLAIM AROSE. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH
YOU MAY HAVE AGAINST ANY COVERED PARTY
5 4 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER YOU NOR THE COVERED PARTIES WILL BE LIABLE FOR
ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING. WITHOUT
LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE WVO
SERVICES, THE WVO LICENSED CONTENT, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS. THE
FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO A PARTY'S INDEMNITY OBLIGATIONS OR YOUR (OR ANY OTHER
WVO SERVICES USERS') INFRINGEMENT OF INTELLECTUAL PROPERTY OR MISAPPROPRIATION OF PROPRIETARY DATA
BELONGING TO PICTOMETRY OR ITS THIRD PARTY SUPPLIERS.
5.5 Notwithstanding anything to the contrary in this Section 5
(a) If there is a breach of the warranty in Section 4 1 above, then Pictometry, at its option and expense, shall either defend or settle any action and hold
you harmless against proceedings or damages of any kind or description based on a third party's claim of patent, trademark, service mark. copyright
or trade secret infringement related to use of the WVO Services or the WVO Licensed Content, asserted against you by such third party provided.
(i) all use of the WVO Services and the WVO Licensed Content was in accordance with this WVO License Agreement; (ii) the claim, cause of
action or infringement was not caused by you modifying or combining the WVO Services or the WVO Licensed Content with or into other
products, applications, images or data not approved by Pictometry: (iii) you give Pictometry prompt notice of such claim, and (iv) you give
Pictometry the right to control and direct the investigation, defense and settlement of such claim. You. at Pictometry's expense, shall reasonably
cooperate with Pictometry in connection with the foregoing.
(b) In addition to Section 5.5(a), if the WVO Services, the operation thereof or the WVO Licensed Content become, or in the opinion of Pictometry are
likely to become, the subject of a claim of infringement, Pictometry may, at its option and expense, either (i) procure for you the right to continue
using the WVO Services or the WVO Licensed Content, (ii) replace or modify the WVO Services or the WVO Licensed Content so that they
become non -infringing; or (iii) terminate the WVO License Agreement on notice 10 you and grant you a pro -rata refund or credit (whichever is
applicable) for any pre -paid fees or fixed charges.
(c) The provisions of Sections 5.5(a) and (b) shall constitute your sole and exclusive remedy for the respective matters specified therein.
6. MISCELLANEOUS
6.1 The terms and conditions of this WVO License Agreement may be changed from time to time immediately upon notice to you. If any changes are made
to this WVO License Agreement, such changes will (a) only be applied prospectively; and (b) not be specifically directed against you but will apply to
all similarly situated Pictometry customers using the WVO Services. You may terminate this WVO License Agreement upon written notice to
Pictometry if any change to the terms and conditions of this WVO License Agreement is unacceptable to you. For termination to be effective under this
Section 6 1, written notice of termination must be provided to Pictometry within 90 days of the effective date of the change. Continued use of the WVO
Services following the effective date of any change constitutes acceptance of the change, but does not affect the foregoing termination right Except as
provided above, this WVO License Agreement may not be supplemented, modified or otherwise revised unless signed by duly authorized representatives
of both parties. Furthermore, this WVO License Agreement may not be supplemented, modified or otherwise revised by email exchange, even if the
email contains a printed name or signature line bearing signature -like font. The foregoing does not prohibit the execution of electronic contracts bearing
electronic signatures of authorized representatives of both parties, provided such signatures include digital certifications or are otherwise authenticated
6.2 In the event of a breach of this WVO License Agreement by you or someone using the WVO Services, Pictometry may temporarily suspend or
discontinue providing access to the WVO Services without notice and Pictometry may pursue any other legal remedies available to it.
6.3 All notices and other communications hereunder shall be in writing. Notices shall be deemed to have been properly given on the date deposited in the
mail, if mailed or on the date received, if delivered in any other manner Legal notices to Pictometry should be sent to Pictometry, Attn. General
Counsel, 100 Town Centre Drive, Suite A, Rochester, New York 14623
6.4 The failure of you, Pictometry, or any third party supplier of the WVO Services or any WVO Licensed Content to enforce any provision hereof shall not
constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
6.5 You may not assign or otherwise transfer your rights or delegate your duties under this WVO License Agreement without the prior written consent of
Pictometry Any attempt by you to assign, transfer or delegate your rights or obligations under this WVO License Agreement without Pictometry's
consent shall be void, and shall also void the limited license granted to you by this WVO License Agreement. This WVO License Agreement and any
amendment thereto shall be binding on, and will inure to the benefit of the parties and their respective successors and permitted assigns.
6.6 This WVO License Agreement shall be governed by and interpreted in accordance with the laws of the State of New York, excluding its conflicts of law
principles. Unless you are a government entity, in the event that any legal proceedings are commenced with respect to any matter arising under this
WVO License Agreement, the parties specifically consent and agree that the courts of the State of New York or, in the alternative, the Federal Courts
located in the State of New York shall have exclusive jurisdiction over each of the parties and over the subject matter of any such proceedings, and that
the venue of any such action shall be in Monroe County, New York or the U.S. District Court for the Western District of New York, as applicable.
6.7 This WVO License Agreement will be enforced to the fullest extent permitted by applicable law If any provision of this WVO License Agreement is
held to be invalid or unenforceable to any extent, then (a) such provision will be interpreted, construed and reformed to the extent reasonably required to
render it valid, enforceable and consistent with its original intent and (b) such invalidity or unenforceability will not affect any other provision of this
WVO License Agreement.
6.8 Where applicable, each affiliated company of Pictometry and each third party supplier of the WVO Services or any WVO Licensed Content has the right
to assert and enforce the provisions of this WVO License Agreement directly on its own behalf as a third party beneficiary
6.9 In the event of a breach of your obligations under this WVO License Agreement or your payment obligations with respect to access to the WVO Services
or the WVO Licensed Content, you agree to pay all of Pictometry's costs of enforcement and collection, including court costs and reasonable attorneys'
fees.
6.10 This WVO License Agreement constitutes the entire agreement of the parties with respect to its subject matter and replaces and supersedes any prior
written or verbal communications, representations, proposals or quotations relating to that subject matter
Page 12 of 16
[END OF WEB VISUALIZATION OFFERING TERMS AND CONDITIONS]
Indian River County, FL — C170424 20150909 CMT -00047-20150715
58
a
0
H
U
W
Indian River, FL (FLINDI)
Community Sectors- 0 Neighborhood Sectors 285
CMT -00047-20150715
Indian River County, FL — C 170424 20150909
ACOREr CERTIFICATE OF LIABILITY INSURANCE
�
` 4/1/2016
DATE(MM/DD/YYYY)
11/5/2015
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 endorsement(s).
PRODUCER Lockton Insurance Brokers, LLC
CA License #0F15767
Two Embarcadero Center, Suite 1700
San Francisco CA 94111
(415) 568-4000
NCONT
AMEACT
PHONE FAX
fA/C. No. Eat): (A/C, No):
E-MAIL
ADDRESS.
INSURER(S) AFFORDING COVERAGE
NAIL #
INSURER A . Federal Insurance Company
20281
INSURED Eagleview Technology Corporation
1364617 Pictometry International Corp
100 Town Centre Drive
Rochester NY 14623
INSURER B . Chubb Indemnity Insurance Company
12777
INSURER c . ACE American Insurance Company
22667
INSURER D : Great Northern Insurance Company
20303
INSURER E .
DI
PREM SES (EaGE TOEoccu NTEence)
INSURER F .
MED EXP (Any one person)
ES PICTO-1
CERTIFICATE NUM
•
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
TYPE OF INSURANCE
ADDL
INSR
SUBR
WVD
POLICY NUMBER
D/POLICY EFF
{MMIDYYYYI
POLICY EXP
(MMfDD/YYYY)
LIMITS
D
X COMMERCIAL GENERAL LIABILITY
Y
I N
3589-3989
4/1/2015
4/1/2016
EACH OCCURRENCE
$ 1,000,000
CLAIMS -MADE I X I OCCUR
DI
PREM SES (EaGE TOEoccu NTEence)
$ 1,000,000
MED EXP (Any one person)
$ 10,000
$ 1,000,000
I
PERSONAL & ADV INJURY
GENE AGGREGATE LIMIT APPLIESPPER:
PPOLICY I X I JECOT I X j LOC
I OTHER:
GENERAL AGGREGATE
$ 2,000,000
S 2,000,000
PRODUCTS - COMP/OP AGG
$
A
AUTOMOBILE
-
X
_
X
LIABILITY
ANY AUTO
ALL OWNED
AUTOS
HIRED AUTOS
X
SCHEDULED
AUTOS
NON -OWNED
AUTOS
Y
N
(15)9947-3477
4/1/2015
4/1/2016
COMBINED SINGLE LIMIT
(Ea accident)
s 1,000 000
$ XXXXXXX
BODILY INJURY (Per person)
accident BODILY INJURY (Per )
$XXXXXXX
PROPERTY DAMAGE
(Per accident)
$XXXXXXX
$ XXXXXXX
A
X
UMBRELLA LIAB
EXCESS LIAB
LI
x I OCCUR
I CLAIMS -MADE
Y
N
7984-8938
4/1/2015
4/1/2016
EACH OCCURRENCE
$ 10,000,000
AGGREGATE
$ 10,000,000
$ XXXXXXX
DEDI 1 RETENTION s
B
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y/N
N
N / A
NPER
7175-0510
4/1/2015
4/1/2016
X I STATUTE
OTH-
I ER
E.L. EACH ACCIDENT
$ 1,000,000
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
C
Professional Liability
(E&O)
Claims -Made Policy
N
N
G23670252-003
4/1/2015
4/1/2016
Limit: S5,000,000 each Claim/Agg.
SIR. 5100,000 each claim
Rctro Date: 1/25/2013
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLDER, APPLICABLE TO THE CARRIERS L STED AND THE POLICY TERMIS) REFERENCED.
Re: Indian River County, Florida is namcd as additional insured on the General Liability, Automobile liability and Umbrella Liability coverages.
CERTIFICATE HOLDER
CANCELLATION See Attachments
12249244
Indian River County, Florida
1800 27th Street
Vero Beach FL 32960
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 REPRI
ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD
I rights reserved.
63
Liability Insurance
Endorsement
Policy Period: April 1, 2015 to April 1, 2016
Effective Date April 1, 2015
Policy Number 3589-3989
Insured: Eagleview Technology Corporation, Pictometry
International Corp.
Name of Company* Federal Insurance Company
Date Issued: June 9, 2015
This Endorsement applies to the following forms:
Under Who Is An Insured, the following provision is added.
Who Is An Insured
Indian River County, Florida
Scheduled Person
or Organization
Subject to all of the terms and conditions of this insurance, any
person or organization shown in the Schedule, acting pursuant to a
written contract or agreement between you and such person or
organization, is an insured; but they are insureds only with
respect to liability arising out of your operations, or your premises, if
you are obligated, pursuant to such contract or agreement, to
provide them with such insurance as is afforded by this policy.
However, no such person or organization is an insured with
respect to any:
• Assumption of liability by them in a contract or agreement. This
limitation does not apply to the liability for damages for injury or
damage, to which this insurance applies, that the person or
organization would have in the absence of such contract or
agreement.
• Damages arising out of their sole negligence
Liability Insurance Additional Insured - Scheduled Person Or Organization continued
Form 80-02-2367 (Rev 8-04) Endorsement Page 1
Attachment Code• D501099
Certificate ID• 12249244
64
Who Is An Insured
Scheduled Person or
Organization
(continued)
Liability Insurance
Form 80-02-2367 (Rev 8-04)
Attachment Code• D501099
Certificate ID• 12249244
Schedule
Persons or organizations that you are obligated, pursuant
to written contract or agreement between you and such
person or organization, to provide with such insurance as
is afforded by this policy; but they are insureds only if and
to the minimum extent that such contract or agreement
requires the person or organization to be afforded status
as an insured.
However, no person or organization is an insured under
this provision who is more specifically described under
any other provision of the Who Is An Insured section of
this policy (regardless of any limitation applicable
thereto).
All other terms and conditions remain unchanged.
Additional Insured - Scheduled Person Or Organization
Endorsement
last page
Page 2
THIS ENDORSEMENT CHANGES THE
COMMERCIAL AUTOMOBILE
This endorsement modifies insurance provided under the
BUSINESS AUTO COVERAGE FORM
This endorsement modifies the Business Auto Coverage Form.
1 EXTENDED CANCELLATION CONDITION Paragraph
A.2.b - CANCELLATION - of the COMMON POLICY
CONDITIONS form IL 00 17 is deleted and replaced with the
following:
b 60 days before the effective date of cancellation if we cancel
for any other reason.
2. BROAD FORM INSURED
A. Subsidiaries and Newly Acquired or Formed
Organizations As Insureds
The Named Insured shown in the Declarations is amended to
include:
1 Any legally incorporated subsidiary in which you own more
than 50% of the voting stock on the effective date of the
Coverage Form. However, the Named Insured does not include
any subsidiary that is an "insured" under any other automobile
policy or would be an "insured" under such a policy but for its
termination or the exhaustion of its Limit of Insurance.
2. Any organization that is acquired or formed by you and over
which you maintain majority ownership. However, the Named
Insured
COMMERCIAL AUTOMOBILE
Policy # (15)9947-3477
POLICY. PLEASE READ IT CAREFULLY.
BROAD FORM ENDORSEMENT
following:
does not include any newly formed or acquired organization.
(a) That is an "insured" under any other automobile policy;
(b) That has exhausted its Limit of Insurance under any other
policy; or
(c) 180 days or more after its acquisition or
formation by you, unless you have given us written notice of the
acquisition or formation.
Coverage does not apply to "bodily injury" or "property damage"
that results from an "accident" that occurred before you formed
or acquired the organization.
B Employees as Insureds
Paragraph A.1 - WHO IS AN INSURED - of SECTION II -
LIABILITY COVERAGE is amended to add the following:
d. Any "employee" of yours while using a covered "auto" you
don't own, hire or borrow in your business or your personal
affairs.
C. Lessors as Insureds
Paragraph A.1 - WHO IS AN INSURED - of SECTION II -
LIABILITY COVERAGE is amended to add the following:
e. The lessor of a covered "auto" while the "auto" is leased to
you under a written agreement if•
Form: 16-02-0292 (Ed. 9-10)
"Includes copyrighted material of Insurance Services Office, Inc. with its permission"
Attachment Code• D491569
Certificate ID• 12249244
Page 1 of 4
66
(1) The agreement requires you to provide direct primary
insurance for the lessor; and
(2) The "auto" is leased without a driver Such leased "auto" will
be considered a covered "auto" you own and not a covered
"auto" you hire.
However, the lessor is an "insured" only for "bodily injury" or
"property damage" resulting from the acts or omissions by
1 You;
2. Any of your "employees" or agents; or
3. Any person, except the lessor or any "employee" or agent of
the lessor, operating an "auto" with the permission of any of 1
and/or 2. above.
D Persons And Organizations As Insureds Under A Written
Insured Contract Paragraph A.1 - WHO IS AN INSURED - of
SECTION II - LIABILITY COVERAGE is amended to add the
following:
f Any person or organization with respect to the operation,
maintenance or use of a covered "auto", provided that you and
such person or organization have agreed under an express
provision in a written "insured contract", written agreement or a
written permit issued to you by a governmental or public
authority to add such person or organization to this policy as an
"insured"
However, such person or organization is an "insured" only
(1) with respect to the operation, maintenance or use of a
covered "auto"; and
(2) for "bodily injury" or "property damage" caused by an
"accident" which takes place after
(a) You executed the "insured contract" or written agreement; or
(b) The permit has been issued to you.
3. FELLOW EMPLOYEE COVERAGE EXCLUSION 5 -
FELLOW EMPLOYEE - of SECTION II - LIABILITY
COVERAGE does not apply
4 PHYSICAL DAMAGE - ADDITIONAL TEMPORARY
TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a.
- TRANSPORTATION EXPENSES - of SECTION III -
PHYSICAL DAMAGE COVERAGE is amended to provide a
limit of $50 per day for temporary transportation expense,
subject to a maximum limit of $1,000
5. AUTO LOAN/LEASE GAP COVERAGE Paragraph A. 4 -
COVERAGE EXTENSIONS - of SECTION III - PHYSICAL
DAMAGE COVERAGE is amended to add the following:
.c. Unpaid Loan or Lease Amounts
In the event of a total "loss" to a covered "auto", we will pay any
unpaid amount due on the loan or lease for a covered "auto"
minus:
1 The amount paid under the Physical Damage Coverage
Section of the policy; and
2. Any
a. Overdue loan/lease payments at the time of the "loss";
b. Financial penalties imposed under a lease for excessive use,
abnormal wear and tear or high mileage;
c. Security deposits not returned by the lessor.
d. Costs for extended warranties, Credit Life Insurance, Health,
Accident or Disability Insurance purchased with the loan or
lease, and
e Carry-over balances from previous loans or leases
We will pay for any unpaid amount due on the loan or lease if
caused by
1 Other than Collision Coverage only if the Declarations
indicate that Comprehensive Coverage is provided for any
covered "auto";
2. Specified Causes of Loss Coverage only if the Declarations
indicate that Specified Causes of Loss Coverage is provided for
any covered "auto"; or
3 Collision Coverage only if the Declarations indicate that
Collision Coverage is provided for any covered "auto
6. RENTAL AGENCY EXPENSE
Paragraph A. 4 - COVERAGE EXTENSIONS - of SECTION III -
PHYSICAL DAMAGE COVERAGE is amended to add the
following:
d. Rental Expense
We will pay the following expenses that you or any of your
"employees" are legally obligated to pay because of a written
contract or agreement entered into for use of a rental vehicle in
the conduct of your business:
MAXIMUM WE WILL PAY FOR ANY ONE CONTRACT OR
AGREEMENT
1 $2,500 for loss of income incurred by the rental agency during
the period of time that vehicle is out of use because of actual
damage to, or "loss" of, that vehicle, including income lost due
to absence of that vehicle for use as a replacement;
Form: 16-02-0292 (Ed. 9-10)
"Includes copyrighted material of Insurance Services Office, Inc. with its permission"
Attachment Code: D491569
Certificate ID• 12249244
Page 2 of 4
67
2. $2,500 for decrease in trade-in value of the rental vehicle
because of actual damage to that vehicle arising out of a
covered "loss"; and
3. $2,500 for administrative expenses incurred by the rental
agency, as stated in the contract or agreement.
4 $7,500 maximum total amount for paragraphs 1 , 2. and 3.
combined.
7 EXTRA EXPENSE - BROADENED COVERAGE Paragraph
A.4 - COVERAGE EXTENSIONS - of SECTION III - PHYSICAL
DAMAGE COVERAGE is amended to add the following:
e. Recovery Expense
We will pay for the expense of returning a stolen covered "auto"
to you.
8. AIRBAG COVERAGE
Paragraph B.3.a. - EXCLUSIONS - of SECTION III - PHYSICAL
DAMAGE COVERAGE does not apply to the accidental or
unintended discharge of an airbag. Coverage is excess over any
other collectible insurance or warranty specifically designed to
provide this coverage.
9 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT
BROADENED COVERAGE Paragraph B.4 - EXCLUSIONS - of
SECTION III - PHYSICAL DAMAGE is deleted and replaced
with the following:
4 We will not pay for "loss" to any of the following:
a. Tapes, records, discs or other similar audio, visual or data
electronic devices designed for use with audio, visual or data
electronic equipment.
b. Any device designed or used to detect speed -measuring
equipment such as radar or laser detectors and any jamming
apparatus intended to elude or disrupt speed -measuring
equipment.
c. Any electronic equipment, without regard to whether this
equipment is permanently installed, that reproduces, receives or
transmits audio, visual or data signals.
d. Any accessories used with the electronic equipment
described in paragraph c. above.
Exclusions 4.c. and 4.d. do not apply to equipment designed to
be operated solely by use of the power from the "auto's"
electrical system that, at the time of "loss", is:
a. Permanently installed in or upon the covered "auto";
b. Removable from a housing unit which is permanently installed
in or upon the covered "auto";
c. An integral part of the same unit housing any electronic
equipment described in Paragraphs a. and b above, or
d. Necessary for the normal operation of the covered "auto" or
the monitoring of the covered "auto's" operating system.
$2,000 is the most we will pay for "loss" in any one "accident" to
all electronic equipment that reproduces, receives or transmits
audio, visual or data signals which, at the time of "loss", is:
a. Permanently installed in or upon the covered "auto" in a
housing, opening or other location that is not normally used by
the "auto" manufacturer for the installation of such equipment;
b. Removable from a permanently installed housing unit as
described in Paragraph 2.a. above or is an integral part of that
equipment; or
c. An integral part of such equipment.
10. GLASS REPAIR - WAIVER OF DEDUCTIBLE Under
Paragraph D - DEDUCTIBLE - of SECTION III - PHYSICAL
DAMAGE COVERAGE the following is added:
No deductible applies to glass damage if the glass is repaired
rather than replaced.
11 TWO OR MORE DEDUCTIBLES
Paragraph D - DEDUCTIBLE - of SECTION III - PHYSICAL
DAMAGE COVERAGE is amended to add the following:
If this Coverage Form and any other Coverage Form or policy
issued to you by us that is not an automobile policy or Coverage
Form applies to the same "accident", the following applies:
1 If the deductible under this Business Auto Coverage Form is
the smaller (or smallest) deductible, it will be waived; or
2. If the deductible under this Business Auto Coverage Form is
not the smaller (or smallest) deductible, it will be reduced by the
amount of the smaller (or smallest) deductible.
Form: 16-02-0292 (Ed. 9-10)
"Includes copyrighted material of Insurance Services Office, Inc. with its permission"
Attachment Code D491569
Certificate ID. 12249244
Page 3 of 4
68
12. AMENDED DUTIES IN THE EVENT OF ACCIDENT,
CLAIM, SUIT OR LOSS
Paragraph A.2.a. - DUTIES IN THE EVENT OF AN ACCIDENT,
CLAIM, SUIT OR LOSS of SECTION IV - BUSINESS AUTO
CONDITIONS is deleted and replaced with the following:
a. In the event of "accident", claim, "suit" or "loss", you must
promptly notify us when the "accident" is known to:
(1) You or your authorized representative, if you are an
individual;
(2) A partner, or any authorized representative, if you are a
partnership;
(3) A member, if you are a limited liability company; or
(4) An executive officer, insurance manager, or authorized
representative, if you are an organization other than a
partnership or limited liability company
Knowledge of an "accident", claim, "suit" or "loss" by other
persons does not imply that the persons listed above have such
knowledge. Notice to us should include:
(1) How, when and where the "accident" or "loss" occurred;
(2) The insured's name and address; and
(3) To the extent possible, the names and addresses of any
injured persons or witnesses.
13. WAIVER OF SUBROGATION
Paragraph A.S. - TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US of SECTION IV - BUSINESS AUTO
CONDITIONS is deleted and replaced with the following:
5. We will waive the right of recovery we would otherwise have
against another person or organization for "loss" to which this
insurance applies, provided the "insured" has waived their rights
of recovery against such person or organization under a
contract or agreement that is entered into before such "loss"
To the extent that the "insured's" rights to recover damages for
all or part of any payment made under this insurance has not
been waived, those rights are transferred to us. That person or
organization must do everything necessary to secure our rights
and must do nothing after "accident" or "loss" to impair them. At
our request, the insured will bring suit or transfer those rights to
us and help us enforce them.
14 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
Paragraph B.2. - CONCEALMENT, MISREPRESENTATION or
FRAUD of SECTION IV - BUSINESS AUTO CONDITIONS - is
deleted and replaced with the following:
If you unintentionally fail to disclose any hazards existing at the
inception date of your policy, we will not void coverage under
this Coverage Form because of such failure.
15. AUTOS RENTED BY EMPLOYEES Paragraph B.S. -
OTHER INSURANCE of SECTION IV - BUSINESS AUTO
CONDITIONS - is amended to add the following:
e. Any "auto" hired or rented by your "employee" on your
behalf and at your direction will be considered an "auto" you
hire. If an "employee's" personal insurance also applies on an
excess basis to a covered "auto" hired or rented by your
"employee" on your behalf and at your direction, this insurance
will be primary to the "employee's" personal insurance.
16. HIRED AUTO - COVERAGE TERRITORY Paragraph B.7.e.
(1) - POLICY PERIOD, COVERAGE TERRITORY of SECTION
IV - BUSINESS AUTO CONDITIONS is deleted and replaced
with the following:
(1) A covered "auto" of the private passenger type is leased,
hired, rented or borrowed without a driver for a period of 45 days
or less; and
17 RESULTANT MENTAL ANGUISH COVERAGE Paragraph
C of - SECTION V - DEFINITIONS is deleted and replaced by
the following:
"Bodily injury' means bodily injury, sickness or disease
sustained by any person, including mental anguish or death as a
result of the "bodily injury" sustained by that person.
Form: 16-02-0292 (Ed. 9-10)
"Includes copyrighted material of Insurance Services Office, Inc. with its permission"
Attachment Code D491569
Certificate ID- 12249244
Page 4 of 4
69
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
CONSENT
TO:
THROUGH:
THROUGH:
FROM:
DATE:
SUBJECT:
Honorable Board of County Commissioners
Joseph A. Baird, County Administrator
John King, Director
Department of Emergency Services
coir
Maria Resto, Radiological Emergency Analyst/Radio System Manager
November 9, 2015
Request for Sole Source to Communications Inc. for the 800 MHz
Communications System Master Service Agreement
It is respectfully requested that the information contained herein be given formal consideration
by the Board of County Commissioners at the next scheduled meeting.
DESCRIPTION AND CONDITIONS:
Since the completion of the 800 MHz radio system project in 1996, Communications
International Inc., the factory certified regional service partner of the manufacturer, has provided
the daily maintenance for the radio system.
On March 1, 2011, the Board designated Communications International as the County's Sole
Source Provider for the 800 MHz Communications System Service. To guarantee continuity of
essential services, the County requires Communications International to have certified service
technicians available twenty-four (24) hours a day for immediate repairs. Communications
International is the only regional vendor qualified to perform the maintenance and repairs.
The approved contract for FY 2010/2011 (Contract Number CII -I0-146) provided for renewal or
extension of the contract in one (1) year increments for a total of five (5) years upon mutual
consent of the parties. The renewal options for the FY 2010/2011 contract have been exhausted
and a new contract is needed for FY 2015/2016
The terms and conditions of the proposed contract will remain the same as the previous one with
increases/decreases in annual maintenance costs only due to South Urban Consumer Price Index
(CPI) adjustments. The proposed FY 2015/2016 contract for the communication system
backbone infrastructure maintenance totals $303,602.52
70
FUNDING:
The South Urban Region CPI is used to annually adjust the cost of the maintenance and service
agreement. The CPI for the FY 2015/2016 is -0.30%. The CPI adjusted contract for FY
2015/2016 is for $303,602.52 and is to be paid through monthly invoices.
FY 2014/2015 Maintenance Agreement
FY 2015/2016 Proposed Maintenance Agreement
Increase/Decrease:
(Due to CP.I adjustment)
$304,518.60
$303,602.52
-$916.08
Funding for. the communications service agreement is a planned expenditure and is included in
the FY 2015/2016 Communications/Emergency Services (001-107) budget in the General Fund.
Account Number
Agreement Amount
00110719-034690
$303,602.52
RECOMMENDATION:
Staff recommends the Board to approve the .800 MHz Communications system Master Service
Agreement with Communications International Inc.
ATTACIIIVIENT:
Master .Service Agreement (Contract Number CI -10-146)
Backbone FY 2015-2016 Maintenance Cost Summary
CPI Calculation Letter
Harris Sole Source Letter
APPROVED FOR AGENDA
FOR: November 17, 2015
BY:
o . eph A. Baird
County Administrator
[ndlan RWer Co.
APD
.Date.
////e),)/ )
Legal
Budget
1 i/Io f6
Dept.
%
I �l �V/ (
Risk Mgr.
dQQA,,,�ikt�
Pdl;-,
11 r/0//s
General Byes.
71
COMMUNICATIONS
INTERNATIONAL
ORIGINAL
4450 US 1 • Vero Beach, Florida 32967 • Telephone: (772) 569-5355 • Fax: (772) 567-2292
MASTER SERVICE AGREEMENT
Contract Number CI -10-146
This Contract is entered into by and between Communications International, Inc., located at 4450 U.S. Highway 1, Vero Beach, Florida
32967 (" "Ci"), and Indian River County Board of Commissioners, located at 1801 27th Street (the "Customer"), on the 1" day of
October 2015, (the "Effective Date").
WHEREAS, Ci currently provides maintenance services for two-way radio communications systems and other electronic equipment;
WHEREAS, the Customer desires to contract the repair and maintenance of certain two-way radio equipment and other electronic
equipment as described herein;
WHEREAS, the Parties desire to establish terms, conditions and pricing under which the particular equipment will be maintained; and
WHEREAS, the Parties hereby desire to enter into this Contract to set forth, in writing, their respective rights, duties and obligations
hereunder;
NOW, THEREFORE, for and in consideration of the mutual promises herein contained and other good and valuable consideration,
the receipt and suffiCiency of which is hereby acknowledged and confessed, the Parties agree as follows:
1. DEFINITIONS
A. Parties — shall mean, collectively, Ci and the Customer.
B. Services — shall mean those services to be provided by Ci to the Customer pursuant to this Contract, but not limited to
maintenance, repair, replacement, labor and testing.
C. Contract — shall mean this document along with all documents attached hereto and incorporated herein by reference.
D. Terminal Equipment — shall mean vehicular mounted radios, personal portable radios, portable radio desk chargers and basic
compact vehicular chargers and as otherwise specifically described as Terminal Equipment for maintenance in this Contract.
E. Fixed Equipment — shall mean site repeater stations and associated equipment, multi -site coordinator, console electronic
equipment, radio control stations and as otherwise specifically described as Fixed Equipment for maintenance in this Contract.
F. Other Equipment — shall mean any other electronic equipment that is listed in this Contract and defined herein.
G. Demand Services — shall mean service that is requested which is not included in the fixed fee arrangement in this Contract.
H. Normal Working Hours — shall mean 8:00 am until 5:00 pm, local time, Monday through Friday, excluding Federal and State
Holidays ("Business Days"), unless otherwise defined.
I. Emergency Services - shall mean services that are available by Ci twenty-four (24) hours per day, seven days per week,
including Federal and State Holidays.
Page 1 of 12
72
ORIGINAL
2. SCOPE OF CONTRACT
Ci agrees to maintain the ability to provide the services set forth in Exhibit A of this Contract and to provide the services described
herein, including Demand Services. The Customer agrees to purchase Demand Services from Ci, as needed, in accordance with
Exhibit C of this Contract.
3. TERM OF CONTRACT
A. The term of this Contract shall be for a period of one (1) year(s) (the "Term") and shall automatically renew at the end of the
Term, unless (I) either party notifies the other party, in writing, at least ninety (90) days prior to expiration of this Contract (the
"Renewal Notice") or (II) in the event Ci proposes new terms, conditions, or pricing ("New Terms"), such New Terms are not
accepted by the Customer in the Renewal Notice. There shall be no more than four (4) renewals to this contract.
B. This contract will be adjusted each year based on the Consumer Price Index (CPI). Use the Bureau of Labor Statistics web site
(http:\\www.bls.gov/cpi/home.htd):
1. Select the "South Urban region of the U.S. Map.
2. Select the "More Formatting Options"
3. Select the "12 months Percent Change
4. Select "Retrieve Data"
5. Scroll down to the current year and select the "Feb" number
6. This number will be used as a multiplier for the recent year total of the maintenance contract
The percent number is a 12 month percent change for the "South Urban" over the last 12 months as reflected in February.
4. PRICES AND TERMS OF PAYMENT
A. The prices to be charged for the regular routine maintenance Services are as set forth in Exhibit B.
B. The prices to be charged for the Demand Services and Professional Services are as set forth in Exhibit C.
C. All pricing discounts on both hardware and software, including all vendor equipment offered by Ci are set forth in Exhibit D.
D. Payment for Services for monthly maintenance, as outlined in Exhibit B of this Contract, is due in advance and payable in full
forty-five (45) days after receipt of invoice. Invoices shall be submitted to the Customer on a monthly basis.
E. Payment for all Demand Services, Professional Services and purchase of all products and/or equipment is due in full forty-five
(45) days after receipt of invoice. Invoices shall be submitted to the Customer as the work is completed.
5. EXTRA CHARGES
No extra charges of any kind will be allowed unless specifically agreed to in writing by both Parties.
6. SERVICES
A. Installation, removal or reinstallation of equipment, shall be performed by Ci, following reasonable notice to the Customer at
the rates listed in Exhibit C and at a time agreed to by both Parties.
B. Items that are not covered under Services for maintenance in Exhibit B, such as speaker microphones and Enhanced Vehicular
Chargers, will be repaired and/or replaced as Demand Services and will be charged at the prices set forth in Exhibit C.
C. In addition to the Services specified in this Contract, the Customer may order other work to be provided by Ci, including
specially designed work or services otherwise not covered by this Contract ("Special Requirements Order"). Within ten (10)
business days of receipt of a Special Requirements Order, Ci will furnish the Customer with a written proposal to fill such
Special Requirements Order, including price and delivery time. The Customer may accept or reject any such proposal with
ten (10) Business Days of receipt. Any proposal not specifically accepted will be deemed rejected on the eleventh (11'h)
Business Day after receipt.
Page 2 of 12
73
ORI GINAL
D. Purchase orders issued in compliance with this Contract, other than Special Requirements Orders, shall be deemed accepted
upon receipt by Ci. Special Requirement Orders shall be deemed accepted by Ci upon receipt of the Customer's acceptance
of Ci's proposal.
E. Unless otherwise specifically agreed between Ci and the Customer, in writing, the terms and conditions of this Contract shall
take precedence over any accepted purchase order issued after the date of this Contract, in accordance with Section 16 of this
Contract.
F. All qualified Terminal Equipment in the Customer's inventory must be listed in Exhibit B to be covered under this Contract.
G. Terminal Equipment shall be delivered to, and maintenance performed at, a Ci facility during Normal Working Hours. If
Terminal Equipment is shipped to the Ci facility for repair, the return shipping charges shall be billable to the Customer.
Emergency Service on Terminal Equipment, if requested, will be performed and will be charged at the prices set forth in Exhibit
C.
H Any Terminal Equipment found to be non -working or incapable of meeting specifications during performance of the first
Preventative Maintenance effort will be omitted from inventory on Exhibit B until the Terminal Equipment is brought up to
specification at the Customer's expense. Terminal Equipment that is designed to operate in chemically volatile or explosive
atmospheres or when immersed in water (e.g. Immersion or Intrinsically Safe radios) are not covered by this Contract.
7. PREVENTIVE MAINTENANCE
Ci will annually perform verification on Terminal Equipment covered by this Contract to validate factory specifications and correct
any deficiencies found ("Preventative Maintenance"). Copies of service records will be available to the Customer upon request.
8. DATABASE REPROGRAMMING
Annual mobile radio software updates will be provided by Ci during annual Preventative Maintenance. The LID reprogramming
changes will be provided periodically, upon request, at no cost to the Customer.
9. ADDITIONS AND DELETIONS
A. The quantity of Terminal Equipment units to be maintained and/or serviced may be added to, or removed from, this Contract
while the Contract is in force. New Terminal Equipment units purchased in any given budget year of the Customer may be
added to the Contract immediately following the expiration date of the manufacturer's warranty. A letter of authorization from
the Customer is required to add to or remove EQUIPMENT from Exhibit B. Such Terminal Equipment must be identified by
individual LID numbers, serial numbers and property ID numbers.
B. Charges for Terminal Equipment added or removed in a particular month will be added to, or dropped from, the amount charged
to the Customer the following month.
10. RESPONSE TIME
The estimated time of repair of Terminal Equipment delivered to Ci's local facility is three (3) to seven (7) Business Days.
11. FORCE MAJEURE
Ci will not be considered in default or liable for any delay or failure to perform its obligations under this Contract if such delay or
failure arises directly or indirectly out of an act of nature, war, labor strikes, lockouts, trade disputes, fires, quarantine restrictions,
governmental action or by causes beyond the reasonable control of Ci. In such event, any obligation of Ci under this Contract will
be postponed until the cause underlying the Force Majeure ceases to exist and such postponement or delay will not be held against
Ci. Ci shall immediately notify the Customer verbally and in writing if a Force Majeure event delays performance and shall state
the revised date for performance.
12. INDEMNIFICATION
To the extent allowable by law, Ci shall indemnify and save harmless the Customer from any and all liability, claims, damages,
losses or expenses, including attorney's fees, arising out of or resulting from the performance of its work under this Contract, where
Page 3 of 12
74
ORIGINAL
such claim, damage, loss, or expense is directly caused by the negligence or intentional wrongful act or omission of Ci, its agents,
employees, or any of its subcontractors, in connection with' or pursuant to this Contract.
13. LIMITATION OF LIABILITY
The liability of Ci pursuant to Section 12 shall not exceed the greater of an aggregate limit of $50,000 or the amount actually paid
by the Customer to Ci under this Contract, regardless of the legal theory under which such liability is imposed.
14. INSURANCE
A. Within thirty (30) days of the execution of this Contract, Ci shall furnish the Customer with certificates of insurance showing
that Ci carries Automobile Insurance and General Liability Insurance in an amount not less than One Million Dollars
($1,000,000) per occurrence and Workmen's Compensation Insurance sufficient to satisfy state law requirements. The
certificates of insurance shall also provide that at least thirty (30) days notice in writing shall be given to the Customer of any
cancellation or reduction of coverage before such coverage is cancelled or reduced.
B. The Customer shall be named as an additional insured party on the policies obtained by Ci pursuant to this Section. Ci shall
not be relieved of any obligation of indemnification pursuant to this Contract by reason of its failure to secure and maintain
insurance as required by this Section.
15. CANCELLATION
This Contract may be terminated by either party, with or without cause, upon not less than ninety (90) days notice, in writing, by
overnight delivery, personal delivery or registered mail return receipt requested to the other party. Such notice shall be effective
upon receipt.
16. ENTIRE CONTRACT AND MODIFICATION
This Contract and the attachments hereto and made a part hereof sets forth the entire agreement of the Parties with respect to the
subject matter hereof and supersedes and merges all prior agreements and understandings. No amendment, modification or waiver
of any provisions of this Contract or consent to any departure therefrom shall be effective unless in writing and signed by duly
authorized officers of both Parties.
AUTHORIZED SIGNATURE — CONTRACT NUMBER CI -10-146
IN WITNESS HEREOF, Communications International, Inc. and the Customer have caused this Contract to be signed as of the
Effective Date set forth above.
COMMUNICATIONS INTERNATIONAL, INC. INDIAN RIVER COUNTY BOARD OF COMMISSIONERS
By: } G'�`��' `— By:
Title: 6 Fa Title:
Name: 23A R R y Ke r Name:
Date: 5 / l S Date.
Page 4 of 12
Contract Number 0-10-146
EXHIBIT "A"
ORIGINAL
SCOPE OF WORK
During the term of the Contract, Ci agrees (i) to provide the Customer with repair, maintenance services and parts to maintain the
Customer's radio equipment as set forth herein and (ii) to provide the products and services as described in Exhibit A and B at the
prices set forth in Exhibits B and C.
1. Conditions of Service
Ci shall supply staffing, supervision, labor, service facilities, repair parts, test equipment and supplies necessary to meet the service
requirements stated herein.
2. Terminal Equipment Maintenance
3. Fixed Equipment Maintenance
A. Emergency Service shall be provided by Ci for Fixed Equipment Maintenance and Ci will respond within two (2) hours of the
Customer's request for Emergency Service.
B Ci shall not be liable for any costs incurred for repair and/or replacement of any Fixed Equipment that becomes inoperative
due to user or third party negligence, installation or removal; liquid intrusion; lightening damage or Acts of God. Any component
parts replaced under this Section shall be returned to Customer for inspection.
C. Ci shall not be liable for any costs incurred for correcting, repairing or replacing infrastructure or data corruption caused by (i)
improper operations of Customer or any third party or (ii) failure of Associated Systems. "Associated Systems" are defined as
any equipment used in the operation of the Customer's Fixed Equipment or Terminal Equipment that is not maintained by Ci.
4. Preventative Maintenance
Ci will annually perform verification on Terminal Equipment covered by this Contract to validate factory specifications and will
correct any deficiencies found.
5. General
All services provided under this Contract are only applicable to the Terminal Equipment, Fixed Equipment and Other Equipment
listed in Exhibit "B".
Page 5 of 12
76
Contract Number CI -08-10-146
l
COMMUN1CA.T ONS
NTERN TIONA.L
ORIGINAL
EXHIBIT "B"
Equipment and Pricing List
Budgetary Quote
4450 US Highway 1 Agreement #
Vero Beach, FL 32967 Customer # IRC130BB
772-569-5355 Fax: 772-567-2292
Indian River County Emergency Services
Radio Systems Manager
1840 25th Street
Vero Beach, FL 32960
772-567-3160
Contract # CI -10-146
Purchase Order #
Covered Period: October 1, 2015 - September 30, 2016
South Tower Site
•
F r
Channels Mastr III Stations
Channel Site Pro's
Receiver Multicoupler with Tower Top Amp
Network Sentry Server
Simulcast Common Transmit Equipment
Mastr 111 Mutual Aid Channels
Intraplex Multiplexer
Microwave Radios
Egret Marsh Microwave Radios
Custorrter.Details '
Bill To: Indian River County Emergency Services
Radio Systems Manager
1840 25th
Street
Vero Beach, FL 32960
D'octiment Defai'Is
4Billing,Deta4
Qty
2014/2015 South Urban Cpi 2015/2016
Unit
-j -0.30% Amount
Unit Amount
OP
.it {
Monthly
Amount
15 $
123 64
15 $
42.18
1 $
136 00
1 $
301.58
1 $ ,
309 07
6 $
123.64
3 $
29 05
4 $
121.89
2 $
117 49
Page 6of12
(0.37)
(0.13)
(0.30)
(0.90)
(0.93)
(0.37)
(0.09)
(0.37)
(0.35)
$
123.27
42.05
135.70
300.68
308.14
123.27
28.96
121.52
117.14
1,849 05
630.75
$
135.70
300 68
308.14
739.62
86.88
486.08
234.28
77
T1 Switch
IP Network Equipment
Total for South Site
Simulcast Control Point
4 $
29 05
2 $
120.55
Qty
Unit Amount
ORIGINAL
$ $
(0.09) 28.96 11584
$ $
(0.36) 120.19 240.38
5,127.40
Monthly
, Amount
�l.�`�?+i�'�,:3�'rs'�'C�"��.st i G =5 e?meqr,�S c,�..:�` � ..; s. _ ae: Rf;.
Vertical Site Pros
Intraplex Multiplexers
Egret Marsh Intraplex Multiplexer
Network Sentry Server
Control Point Common Equipment & Alignment Rack
15 Analog & Digital Voters Egret Marsh
Down Links
SIM
DC Power System
IP Network Equipment
Total for Simulcast Control Point
North Tower Site
15
115 13
3
(0.09)
1 , $
27 04 (0.08)
1 $
301.58 (0.90)
1 09 07 (0.93)
1 $
126.50 (0.38)
1 $
2910 (0.18)
1 $
253.00 (0.76)
$
1 364 71 (1.09)
1 120 55 (0.36)
(0.35)
29 05
Qty
Unit Amount
x -tri f ti �� i � :C' FY.{i _ . .n. b . rt .� a .,c„� 1 t�- �yjy2 -•�"j '?iy ti:�
Mastr III Stations
Channel Site Pro's
Receiver Multicoupler with Tower Top Amp
Network Sentry
Simulcast Common Transmit Equipment
Mastr III Mutual Aid Channels
Intraplex Multiplexer
DC Power Supply System
T1 Switch
Microwave Radios
15
15
$
114.78
28.96
26.96
300.68
308.14
126.12
28.92
252.24
363.62
120.19
1,721 70
86.88
26 96
300.68
$
308.14
126.12
28.92
252.24
363.62
120 19
3,335.45
Monthly
Amount
123 64
(0.37) $123.27
42.18 (0.13) $42.05
(0.41) $135.59
$
30158 (0.90) $300.68
(0.93) $308.14
$0.00
(0.09) $28.96
(0.89) $295.81
(0.09) $28.96
123 56 (0.37) $123.19
1 $
136.00
1
1
0
3
1
309 07
29.05
296 70
4 $
29 05
5
Page 7 of 12
1,849 05
630.75
135.59
300 68
308.14
$
86.88
295 81
115.84
$ �I
615.95 II
78
IP Network Equipment
Total for North Site
Fellsmere Tower Site
1
Qty
$
120 55
Unit Amount
III Stations
Channel Site Pro's
Mastr III Mutual Aids Channels
Downlinks
Sim
Network Sentry Server
Receiver Multicoupler with Tower Top Amp
Intraplex Multiplexer
DC Power Supply System
Microwave Radios
IP Network Equipment
Total For Fellsmere Site
Dispatch Equipment
Maestro NT Dispatch Consoles
IMC/CEC Switch
*Microwave Alarm Pc
*DVIU
*MOM System
*CSD
*CSD Client
Netclock -GPS
Intraplex Multiplexers -
7 $
123.64
7 $
42.18
0
ORIGINAL
(0.36) $120.19
120 19
4,458.88
Monthly
Amount
Wiill5 .4ArN-n aggrGwr. iT{"
Mastr
ti
(0.37)
(0.13)
123.27
$42.05
862.89
294.35
1 $ $
2910 (0.18) 28.92 28.92
1 $ $
253.00 (0.76) 252.24 252.24
1 $ $
30158 (0.90) 300.68 300.68
1 136 00 (0.41) 135.59 135.59
2 $ $
29 05 (0 09) 28.96 57 92
1 $ $
296 70 (0.89) 295.81 295.81
2 $ $
123.56 (0.37) 123.19 246.38
1 $ $
120 55 (0.36) 120.19 120.19
Qty
Unit Amount
`lYZVT. ;;sF} ` ,, .mac '3SP►.L � s
2,594.97
Monthly
Amount
10
173 07
1
871 60
1
29.10
0
(0.52)
(2.61)
(0.18)
172.55
868.99
28.92
1,725.50
$
868.99
28.92
1 $ $
370 88 (1.11) 369.77 369 77
1 $ $
111.26 (0.33) 110.93 110 93
1 $ $
339 99 (1.02) 338.97 338.97
1 $ $
98.90 (0.30) 98.60 98.60
2 $ $
5192 (0.16) 51.76 103.52
11 $ $
29 05 (0.09) 28.96 318.56
Page 8 of 12
79
Zetron Model 25 Encoders
Orion Remote Back-up Radios
Microwave Radios (IRCSO,VBPD,Seb PD dispatch)
T1 Switch (VBPD & SO)
IP Network Equipment
UPS battery backup (located at South site)
Total for Dispatch Equipment
Hobart Tower Site
1%r
Mastr III Back-up Stations
Receiver Multicoupler with Tower Top Amp
Intraplex Multiplexer
Med 4 Station
Med 8 Station
VHF County Paging System Station
VHF EM/Fire Page Station
Total for Hobart Site
Egret Marsh Site
t .��,..�• i... � :4=
ORIGINAL
5 $ $
30 92 (0.09) 30.83 154 15
9 $ $
29 66 (0.09) 29.57 266 13
3 $ $
123.56 (0.37) 123.19 369.57
$ $
29 05 (0.09) 28.96 57 92
1 $ $
120 55 (0:36) 120.19 12019
$ $
45 32 (0.14) 45.18 45 18
2
1
Qty
15
1
1
0
1
1
1
Qty
Unit Amount
49 46
136 00
29 05
(0.15)
(0.41)
(0.09)
4,976.90
Monthly
Amount
Mir.; a vw tr,
49.31
135.59
28.96
739.65
135.59
28.96
$ $
43.27 (0.13) 43.14 43.14
$ $
129 82 (0.39) 129.43 129 43
$ $
129 82 (0.39) 129.43 129 43
Unit Amount
$
1,206.20
Mastr III Stations
Network Sentry
Simulcast Common Transmit Equipment
Intraplex Multiplexer
DC Power Supply System
Microwave Radios
Total for Egret Marsh
Monthly
Amount
15
1
1
1
1
2
159 77
301 58
293 93
27.63
281.34
117 49
Page 9 of 12
(0.48)
(0.90)
(0.88)
(0.08)
(0.84)
(0.35)
159.29
300.68
293.05
27.55
280.50
117.14
2,389.35
300.68
293.05
27.55
280.50
234.28
3,525.41
i'
80�
Cost Summery for Oct 2015 -Sept 2016 12 months
Monthly Totals
South Tower Site $ 5,127 40
Simulcast Control Point $ 3,335.45
North Tower Site $ 4,458.88
Fellsmere Tower Site $ 2,594.97
Dispatch Equipment $ 4,976.90
Hobart Tower Site $ 1,206.20
Egret Marsh Site $ 3,525.41
Fuel Adjustment $ 75.00
Total Monthly Maintenance for Sites: $ 25,300.21
Total Oct -Sept Maintenance: $303,602.52
ORIGINAL
The Consumer Price Index Southeast Urban Region of -0.3 has been subtracted off each equipment line item that was on 2014-2015 agreement:
Page 10 of 12
81
Contract Number CI -10-146
EXHIBIT ,"C"
ORIGINAL
DEMAND SERVICE RATES
Demand Services Rate Per Hour
Support Staff $ 50.00
Cabler $ 57.00
System Installer $ 62.00
System Design Engineering Hourly Rate $ 150.00
Maintenance Technician (Bench) $ 88.00
RF Engineer $ 125.00
IT Engineer $ 125.00
Site Manager $ 80.00
Project Manager $ 100.00
Emergency Service Rate Rate * 1.5
Expenses Actual
Lodging Actual
Per Diem IRS Rate
Travel Time Actual
Page 11 of 12
82
Contract No. CI -08-10-146
EXHIBIT "D"
Pricing Discounts
ORIGINAL
Pricing discounts for all Harris manufactured equipment will be.at the current Public Safety discount level of 28
% off list price published on the Harris website. All list pricing will reference the most current pricing available.
All vendor items will be priced at current published "Public Safety or Government" discount levels.
Discounts on all other manufactured equipment, custom equipment, and software not having published discount
levels will be quoted at the time of request. All prices will be at best pricing offered to Public Safety Agencies by
Ci in the State of Florida.
Page 12 of 12
83
Cost Summary for Oct 2015 -Sept 2016 12 months
Monthly Totals
South Tower Site $5,127.40
Simulcast Control Point $3,335.45
North Tower Site $4,458.88
Fellsmere Tower Site $2,594.97
Dispatch Equipment $4,976.90
Hobart Tower Site $1,206.20
Egret Marsh Site $3,525.41
Fuel Adjustment $75.00
Total Monthly Maintenance for Sites: $25,300.21
Total Oct -Sept Maintenance: $303,602.52
The Consumer Price Index Southeast Urban Region of -0.3 has been subtracted off each equipment line item that was on 2014-2015 agreement:
1'MMUN1CA'tIONS
INTERNATIONAL, INC.
4450 US Highway 1 e Vero Beach, Florida 32967 a Telephone: (772) 569-5355 a Fax: (772) 567-2292
October 20, 2009
Jason E. Brown, Director
Management and Budget
180127th Street
Building A
Ref: Indian River County Radio Maintenance Contract No. CII -05-818
Dear Mr. Brown:
A problem exist with the referenced contract in paragraph 3.0 which has to do with the formula used to detennine
the Consumer Price Index (CPI) in calculating the annual rate increase and/or decrease. CII would like to propose
a change to the verbiage in the existing contract with intent to remove any ambiguity and provide a predictable
CPI for our contract in the early part of each year. This will allow Indian River County to budget the maintenance
contract in preparation for the upcoming year.
The present contract language is:
The basis for this extension will be the consumer price index (CPO for all urban consumers of the Bureau of Labor
Statistics South Urban most recent publication prior 10 contract renewal. The adjustment factor used to create price
adjustment up or down for each unit price proposed is as follows:
Previous .12 month CPI -U South Urban = CPI Adjustment
Current year CPI -U South Urban
Proposed contract language:
Use the Bureau of Labor Statistics webb site(httpJ/www.bls.gov/cpi/home.htm)
1. Select the "South Urban" region of the U.S. map.
2. Select the "More Formatting Options"
3. Select the "12 months Percent Change"
4. Select "Retrieve Data"
5. Scroll down to the current year and select the "Feb" number
6. This number will be used as a multiplier for the recent year total of the maintenance contract
This percent number is a 12 month percent change for the "South Urban" over the last 12 months as reflected in
February.
Please call me to discuss this matter should you desire. If you are in agreement let me know and we will issue an
amendment to the referenced contract
Sincerely,
/acif 4,1
Robert Wm Stork Owner/CEO
85
NAawi$ CORPORATION
RF Comm aleationsn Misled
1030 Old SIX111388 T180. etas 50
%WHAM 0. `314Q' HOYST 83611, to 70438
Regard reeve Naoapa phone 1.8967184125
Swami Reoloo tax 17153128
w6tAer 1885.7747804
mld.bvyetEriscom
erinceantenem
February 4, 2011
Subject Communications International, Inc
Communications International, Inc. (Cli) is a premier member of Harris' Indirect Sales channel and is the
exclusive Harris Authorized Service Center for the Indian River County area. CII has been a Harris
partner for over 30 years and is by far the largest Network Service Provider for Harris in the eastern
United States and implements and maintains many of Harris'- systems across the country including York
County, PA, Clark County/Las Vegas, NV, and the State of Florida. As such; CII engineers work closely
and train alongside Harris engineers and technical staff on the design, staging, maintenance and support
of new technology. Thiswell-established relationship assures our Customers system maintenance needs
gets attention from all areas of the team, software engineers, field engineers, technicians and program
management
Cit is headquartered in Vero Beach, FL and Is an employee owned company with 12 locations and over
150 employees including certified engineers, senior technicians, program managers, and subject matter
experts. Cil specializes in complete wireless communication systems and has the unique quality of
having experienced staff knowledge in both Radio Communications and IT technologies. CU has the
ablitr y to integrate multiple types of communication platforms.
Sincerely,
86
Office of Consent 11 / 17/2015
INDIAN RIVER COUNTY
ATTORNEY
8'J
Dylan Reingold, County Attorney
William K. DeBraal, Deputy County Attorney
Kate Pingolt Cotner, Assistant County Attorney
MEMORANDUM
TO: Board of County Commissioners
FROM: William K. DeBraal, Deputy County Attorney
DATE: November 10, 2015
SUBJECT: Revised Temporary Construction Easement for 45th Street Beautification Project
At its meeting of August 18, 2015, the Board approved a Temporary Construction Easement for
landscaping improvements to be made at Gifford Middle School as part of the 45th Street
Beautification Project. The Chairman signed the easement and staff forwarded the document on to
the School Board for approval and signature. After the BCC approved the easement but before it
was approved by the School Board, it was discovered that the legal description of the easement
needed to be adjusted slightly. The School Board approved the easement with the revised legal
description and sent it back to the BCC for approval of the easement with the revised legal
description.
Landscaping will be installed along the south side of the school on property owned by the School
Board of Indian River County. After the contractor's warranty period ends, the School District has
agreed to incorporate maintenance of plantings in their regular schedule of lawn and landscaping
care at the Middle School.
FUNDING. There is no funding associated with this matter as the document will not be recorded.
RECOMMENDATION. Staff recommends the Board approve the Temporary Construction
Easement Deed with the revised legal description for the installation of landscaping on the south
side of Gifford Middle School in association with the 45th Street Beautification Project and authorize
the Chairman to execute the Acceptance of Conveyance of the easement on behalf of the Board.
cc: Phil Matson
Indian River Co.
Admin.
Co. Atty.
Budget
Dept.
Risk Mgr.
Apprved
IPA R111111111111.AI
Date
i!-/D -'
87
TEMPORARY CONTRUCTION EASEMENT DEED
(2015- /TCE)
THIS INDENTURE made and entered into as of the day of , 2015,
by and between SCHOOL BOARD OF INDIAN RIVER COUNTY (the "Grantor'), whose mailing address
is 1990 25th Street, Vero Beach, Florida 32960, and INDIAN RIVER COUNTY, a political subdivision of
the State of Florida (the "Grantee"), whose mailing address is 1801 27th Street, Vero Beach, Florida 32960:
(Wherever used herein the terms "Grantor" and "Grantee" include all parties to this instrument and their
respective heirs, legal representatives, successors and assigns.)
WITNESSETH:
That Grantor is the owner in fee simple of that certain real property (the "Property") lying, situate and being
in Indian River County, Florida and more particularly described as:
PART OF THE EAST 1/2 OF EAST 1/2 OF THE SE 1/4 OF SE 1/4 AS FOUND IN DEED BOOK 67,
PAGE 173 & PART OF SW 1/4 OF SW 1/4 OF SECTION 23 RANGE 32 TOWNSHIP 39 AS FOUND
IN DEED BOOK 67, PAGE 173 LESS A PARCEL IN SECTION 23 DESCRIBED IN OFFICIAL
RECORD BOOK 535, PAGE 322
The Grantor, for good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, hereby grants to the Grantee, its successor and assigns, a temporary construction easement
("Easement") for the purpose of installing landscaping for the 45th Street Beautification Project ("Project")
on property located on the south side of Gifford Middle School, which Easement is more particularly
described in Exhibit "A" (the "Easement Premises"), attached hereto and incorporated herein by reference,
and which Easement shall run with and be a burden upon the Property for the duration of such Project.
Grantor hereby reserves for itself, its successors and assigns, the right to use the Easement Premises for the
purpose not inconsistent with the Easement granted herein, including without limitation, the right of ingress,
egress and passage by Grantor and its employees, agents, customers, and invitees, over across, and through
the Easement Premises.
Grantor further grants to the Grantee, its agents, employees, contractors, and assigns, a general
ingress/egress over and across the Property for any municipal or governmental purpose related to the
purpose of the Easement. Grantee shall not be otherwise responsible for maintenance of the Easement
Premises.
THIS EASEMENT is granted under the following conditions:
1. Easement shall be for a period of thirty (30) days from commencement of construction on
the Project.
2. Grantee shall occupy the premises for the purpose of installation of landscaping within the
Easement or any extension thereof, and to leave the Easement Premises in substantially the same conditions
as existed on the date this Easement Deed was executed.
1
88 :
3. Grantee agrees to surrender possession'of the Easement Premises upon the expiration of
the Easement or any extension thereof, and to leave the Easement Premises in substantially the same
conditions as existed on the date this Easement Deed was executed.
4. Grantee shall indemnify and hold Grantor harmless from any damage to the Easement
Premises that may arise as a direct result of Grantee's temporary use of such Easement Property, but only
to the extent allowed by F.S. 768.28.
5. This Easement Deed shall not be recorded in the public records.
The undersigned hereby covenants and warrants that Grantor owns the said land described herein
and the undersigned, as or on behalf of Grantor, has the right to grant this Easement.
ACCEPTANCE OF CONVEYANCE
The foregoing conveyance is hereby accepted by the Board of County Commissioners, Indian River
County, Florida as evidenced by the signature ,of the undersigned, who is authorized to accept this
conveyance.
INDIAN RIVER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
Attest: Jeffrey R. Smith, Clerk
of Court and Comptroller
By: By:
Deputy Clerk Wesley S. Davis, Chairman
This document was prepared by:
Indian River County Attorney's Office
1801 27th Street
Vero Beach, FL 32960
(772) 226-1426
2
BCC approved:
(Official Seal)
Approved as to form and
legal sufficiency
William K. DeBraal
Deputy County Attorney
89'
LEGAL DESCRIPTION: TEMPORARY LANDSCAPE AND MAINTENANCE EASEMENT
EXHIB!T "
A PORTION OF THOSE LANDS LYING IN SECTIONS 22 AND 23, TOWNSHIP 32 SOUTH, RANGE 39 EAST, AS DESCRIBED IN DEED BOOK 67, PAGE
173, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE RUN NO0'28'41 "E, ALONG THE EAST LINE OF SAID SECTION 22, A DISTANCE
OF 45.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF 45th STREET PER OFFICIAL RECORDS BOOK 62, PAGE 541, OF THE
AFORESAID PUBLIC RECORDS FOR A POINT OF BEGINNING; THENCE DEPARTING SAID EAST UNE RUN N89'42'44"W,. ALONG SAID NORTH RIGHT OF
WAY LINE, A DISTANCE OF 274.84 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF 28th COURT PER PLAT BOOK 16, PAGE 98, OF THE
AFORESAID PUBLIC RECORDS; THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE RUN N00' 16' 10"E, ALONG SAID EAST RIGHT OF WAY LINE, A
DISTANCE OF 50.00 FEET; THENCE DEPARTING SAID EAST RIGHT OF WAY LINE RUN S89'42'44"E, PARALLEL WITH THE SOUTH UNE OF SAID SECTION
22, A DISTANCE OF 15.00 FEET; THENCE RUN S44'43'17"E, A DISTANCE OF 56.58 FEET TO A POINT 10 FEET NORTH OF THE AFORESAID NORTH
RIGHT OF WAY LINE; THENCE RUN S89'42'44"E, 10 FEET NORTH OF A PARALLEL WITH SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 219.88
FEET TO A POINT ON THE EAST LINE OF SAID SECTION 22; THENCE RUN S89'46'13"E, 10 FEET NORTH OF A PARALLEL WITH SAID NORTH RIGHT
OF WAY LINE, A DISTANCE OF 227.57 FEET; THENCE RUN NO0'13'47"E, A DISTANCE OF 15.00 FEET; THENCE RUN S89'46'13"E, 25 FEET NORTH
OF AND PARALLEL WITH SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 173.00 FEET; THENCE RUN NOD -13'47"E, A DISTANCE OF 24.00 FEET;
THENCE RUN S89'46'13"E, 49 FEET NORTH OF AND PARALLEL WITH SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 152.53 FEET; THENCE RUN
SO0'13'47"W, A DISTANCE OF 49.00 FEET TO A POINT ON SAID NORTH RIGHT OF WAY LINE; THENCE RUN N89'46'13"W, ALONG SAID NORTH RIGHT
OF WAY LINE, A DISTANCE OF 553.14 FEET TO THE POINT OF BEGINNING.
CONTAINING: 0.42 ACRES (18,224 SQUARE FEET), MORE OR LESS.
SURVEYOR'S NOTES
1 THIS SKETCH OF DESCRIPTION 15 NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED PROFESSIONAL SURVEYOR AND MAPPER NAMED HEREON.
2, THIS SKETCH OF DESCRIPTION MEETS OR EXCEEDS ALL APPLICABLE REQUIREMENTS OF THE STANDARDS OF PRACTICE PER CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE.
3. THE SUBJECT PROPERTY MAY BE SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHT OF WAYS NOT SHOWN HEREON, BUT MAY BE FOUND IN THE PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA.
4 THIS SKETCH OF DESCRIPTION WAS PREPARED WITH THE BENEFIT OF A TOPOGRAPHIC SURVEY PREPARED BY INDIAN RIVER COUNTY ENTITLED '45t11 STREET BEAUTIFICATION: 43rd AVE TO U.S. HIGHWAY
No. 1', ON THE DATE OF DECEMBER 2, 2013.
5. THE BEARING SHOWN HEREON ARE BASED UPON THE 1983 NORTH AMERICAN DATUM (2011 ADJUSTMENT), AND PROJECTED IN THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, DERMNG A
GRID BEARING OF N89'42'44"W, ALONG THE SOUTH LINE OF SECTION 22, TOWNSHIP 32 SOUTH, RANGE 39 EAST
LEGEND & ABBREVIATIONS
COR. = CORNER
ESMT = EASEMENT
I.R.F W C.D. = INDIAN RINNEI1 FARMS
WATER CONTROL DISTRICT
CERTIFICATION
LTD = LIMITED PARTNERSHIP
O.R.B. = OFFICIAL RECORDS 800K
P 0.8. = POINT OF BEGINNING
SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE
1i f r) } -'//e 11)-14'7 (S
D VID M SILCIN P S.Ni. DATE
FLORIDA REGISTRATION No. 6139
INDIAN RIVER ASSISTANIT COUNTY SURVEYOR
P.O.C. = POINT OF COMMENCEMENT
R/W = RIGHT OF WAY
SEC. = SECTION -TOWNSHIP -RANGE
T I.F.F = TRUSTEES OF THE INTERNAL
IMPROVEMENT FUND
THIS IS NOT A BOUNDARY SURVEY
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT
NOT COMPLETE WITHOUT SHEET 2 OF 2.
HOIAN RIVER COUNTY ADIAIIIISiRATI0N BUILDING
1801 27111 S17EE1
VERO 111 ACI I. 11. 329 Go
("02) 567-8000
/ND/AN R/VER COUNTY
Depar/men/ of Public Works
Engineering Division
DH4WN Br
D. SIL ON
APPROvED D
D. SIL ON
SECTIONS 221-23
TOWNSHIP .325.
_RANG. 39E.
SKETCH OF DESCRIPTION
FOR A TEMPORARY LANDSCAPE AND
MAINTENANCE EASEMENT
SHEET
ov 2
+1
F
I
1
_J O
z
z
N R/W LINE
60' R/W
PER
P.B. 16.
PG. 98
F-
0
t
00
w
z
J
IA;l
w
o_
S89'42'44"E
15 00'
S7
7j., 10'-
F S89'42'44"E 219.88'
/// /'//((ff/,' ////1///11///- ///�2/ ///
N89'42'44"W 274 84' I
N00'28'4I"E P•O.B.
S. LINE SEC. 22-32-39
N89'42'44"W
INDWN RIVER COUNTY
SCHOOL BOARD
(GIFFORD MIDDLE SCHOOL)
PER DEED BOOK 67, PG. 173
N00' 13'47"E
15.00'
0 50 100
200
GRAPHIC SCALE
( IN FEET )
N00' 13' 47"E
24.00'
S89'46'13"E 173 00'
S89'46'13"E 227 57'-J' ;,;CONTAINING. +1- 0.42 ACRE
///L/// U1L/ 1/////%////////// �"./ (18.224 SOLIARE FEET)
N89'46'13"W 553 14'
45.00 •
P.O.C.
SE COR.
SEC 22-32-39
45th STREET
2. LINE SEC. 23-2:7-39
N89'46' 13"`A'
S00'13'47"W
49.00'
S89'46' 13"E 152.53'
N V
Lo
R' W to
m •
�n-
NOT COMPLETE WITHOUT SHEET 1 OF 2.
1
1
tl )Inll RIVEP COMM' ADMINISTPAIICN BUILDING
11301 27th STREET
VERO•PEACH It 329110
1772) 567-8000
/ND/AN RIVER COUNTY
Depot/men/ of Public Works
Engineering Division
DRAWN BY
D. S/L ON
•PPROVCD B•Y•
D. S/L ON
SECTIONS 222.3
TOWNSHIP 32S.
RAI\1;= E 3.9E
SKETCH OF DESCRIPTION
FOR A TEMPORARY LANDSCAPE AND
MAINTENANCE EASEMENT
SI1E1:1
nr 2
CONSENT AGENDA
INDIAN RIVER COUNTY
OFFICE OF MANAGEMENT AND BUDGET
PURCHASING DIVISION
DATE: November 9, 2015
TO: BOARD OF COUNTY COMMISSIONERS
THROUGH: Joseph A. Baird, County Administra
Jason E. Brown, Budget Director
FROM: Jennifer Hyde, Purchasing Manag
SUBJECT: Award of Bid 2016010 — Golf Carts for Sandridge Golf Club
BACKGROUND:
On October 13, 2015, the Board approved the solicitation of bids to replace the fleet of 155 golf
carts purchased in 2010 for Sandridge. An Invitation to Bid was prepared for the purchase of 160
carts, plus a beverage cart and driving range cart with cage.
BID RESULTS:
Advertising Date: October 16, 2015
Bid Opening Date: - November 6, 2015
Demandstar Broadcast to: 117 Subscribers
Specifications/Plans Downloaded by: 13 Vendors
Replies: 3 Vendors
T� t'.k.d qgj
��Firmf�'� ry
r x, A_., ,=sem _ s�
��+�9` '+�y � tJ
Total NewF.Cart-Prlce�
. r�.n....„•,ca._.,_�3�.6�.,, L'�:
-"/K6..a...-�S�+�h�y a_� �.1 r f•
Discount for Trade I`n�sr�xTotal�Bid�==�
� _ -��.i � ..
�g'
v � `� u'+?A
Marfa
Yamaha Golf Car Company
$608,000.00
$353,500.00
$254,500.00
E -Z -GO
$639,619.00
$293,500.00
$346,119.00
Club Car, LLC
$805,945.30
$400,300.00
$405,645.30
ANALYSIS
The total bid prices reflect a discount for the'trade in of 150 of the 2009 Yamaha carts and the
existing range cart. The remaining five carts will be kept for use as needed at Sandridge or the
Fairgrounds.
One of the specifications within the bid was for an aluminum frame on the carts. Club Car was the
only bidder to indicate their cart came with an aluminum frame; E -Z -Go and Yamaha both offer
carts with steel frames. Staff confirmed with each vendor that their bids reflect their standard
frame, therefore, only one bidder could have met the restrictive specifications for aluminum
frame. Staff recommends the Board waive the technicality of the aluminum frame requirement
92
CONSENT AGENDA
and allow all three vendors submitted standard frameto be considered.
The current fleet of carts in use at Sandridge are Yamaha. The per cart price of $3,685 is just $110
per cart more than our purchase price in 2010,;while the per cart trade-in price is $850 more than
received in 2010, providing a net per cart price decrease of $740 per cart compared to our
previous bid.
SOURCE OF FUNDS:
Funding for this expense will be provided by an interfund loan from the General Fund in the
amount of $254,500. Staff is proposing a four-year repayment period with a 2.0% interest rate.
This interest rate is higher than earnings on the current investments of the General Fund, and
likely less than the rate that the County would be charged if borrowing from an outside lender.
This loan does not result in a subsidy from the General Fund to the golf course. In fact, this
arrangement benefits both funds. The financial independence of the golf course is maintained,
while the General Fund receives a higher interest rate on the investment of surplus cash.
Based upon the four-year term and 2.0% interest rate, annual debt service payments would equal
$66,257 (please see amortization schedule attached). Due to the decreased price, this is only
slightly higher than the debt service payment•for the current set of golf carts ($60,723), which was
financed over a six-year period. Staff recommends a four-year amortization as this amount aligns
with the warranty period on the carts. Therefore, this loan should be repaid prior to the need to
replace the new carts.
�`^ {+3 -.+,x -,tea. �3'=us2TY�f' �i�y,
Account Numb�;er:�
cV=P-: sf.�? �`huw-/ "4{�"��r': ��A.';4T a_. _ g•�:-'mac �<rtP.� �kJ'{e'-r` a.">+�:?"�„
iv brio ntADescri tiona � �W_.,-�4't „ 1.4-4
. ..r.�..�.... .� p. � ��.,..�:�.:��� ''�.=}-�::=�.�.� ��_
q: ''?s --g3 �'h'.ry
kBifilrO Amount•
�:-.�..�. b.,, .���.<_@..,.z
418-166002
Golf Course/ Other Equipment
$254,500
RECOMMENDATION:
Staff recommends the Board waive the technicality of the aluminum frame bid specification,
approve award to the lowest responsive and responsible bidder, Yamaha Golf Car Company and
authorize the Purchasing Division to issue a Purchase Order to facilitate the fleet update. Staff
also recommends the Board declare the 150 carts and one range cart which will be identified as
excess equipment upon delivery of the new carts as surplus and authorize their trade in to Yamaha
as indicated in the bid. Additionally, staff recommends an interfund loan from the General Fund in
the amount of $254,500 to be repaid over a four-year period as shown in the attached
amortization schedule.
ATTACHMENT:
Amortization Schedule
APPROVED AGENDA ITEM
BY:
FOu
Jose. A. Baird, County Administrator
November 17, 2015
Indian River Co
A ed
Date
Admin
t►ObS
Legal
kt%SID
L1'(GO -tr--
Budget
I i,7/s,
Department
// i
Risk
93
Golf Cart Interfund Loan
Purchase 155 Golf Carts Trade In 150 Carts to Yamaha - 4 -Year Loan
Amount Financed:
Interest Rate:
Term (months):
Monthly Payment:
Payment Due
Payment Date
1 2/1/2016
2 3/1/2016
3 4/1/2016
4 5/1/2016
5 6/1/2016
6 7/1/2016
7 8/1/2016
8 9/1/2016
9 10/1/2016
10 11/1/2016
11 12/1/2016
12 1/1/2017
13 2/1/2017
14 3/1/2017
15 4/1/2017
16 5/1/2017
17 6/1/2017
18 7/1/2017
19 8/1/2017
20 9/1/2017
21 10/1/2017
22 11/1/2017
23 12/1/2017
24 1/1/2018
25 2/1/2018
26 3/1/2018
27 4/1/2018
28 5/1/2018
29 6/1/2018
30 7/1/2018
31 8/1/2018
32 9/1/2018
33 10/1/2018
34 11/1/2018
35 12/1/2018
36 1/1/2019
$254,500.00
2.00%
48
$5,521.41
Principal Interest
Principal
Total Payment Outstanding
$5,097.24 $424.17
$5,105.74 $415.67
$5,114.25 $407.16
$5,122.77 $398.64
$5,131.31 $390.10
$5,139.86 $381.55
$5,148.43 $372.98
$5,157.01 $364.40
$5,165.60 $355.81
$5,174.21 $347.20
$5,182.84 $338.57
$5,191.47 $329.93
$5,200.13 $321.28
$5,208.79 $312.62
$5,217.48 $303.93
$5,226.17 $295.24
$5,234.88 $286.53
$5,243.61 $277.80
$5,252.35 $269.06
$5,261.10 $260.31
$5,269.87 $251.54
$5,278.65 $242.76
$5,287.45 $233.96
$5,296.26 $225.15
$5,305.09 $216.32
$5,313.93 $207.48
$5,322.79 $198.62
$5,331.66 $189.75
$5,340.54 $180.87
$5,349.44 $171.96
$5,358.36 $163.05
$5,367.29 $154.12
$5,376.24 $145.17
$5,385.20 $136.21
$5,394.17 $127.24
$5,403.16 $118.25
$5,521.41
$5,521.41
$5,521.41
$5,521.41
$5,521.41
$5,521.41
$5,521.41
$5,521.41
$5,521.41
$5,521.41
$5,521.41
$5,521.41
$5,521.41
$5,521.41
$5,521.41
$5,521.41
$5,521.41
$5,521.41
$5,521.41
$5,521.41
$5,521.41
$5,521.41
$5,521.41
$5,521.41
$5,521.41
$5,521.41
$5,521.41
$5,521.41
$5,521.41
$5,521.41
$5,521.41
$5,521.41
$5,521.41
$5,521.41
$5,521.41
$5,521.41
$254,500.00
$249,402.76
$244,297.02
$239,182.77
$234,060.00
$228,928.69
$223,788.83
$218,640.40
$213,483.40
$208,317.79
$203,143.58
$197,960.74
$192,769.27
$187,569.14
$182,360.35
$177,142.87
$171,916.70
$166,681.82
$161,438.22
$156,185.87
$150,924.77
$145,654.90
$140,376.25
$135,088.80
$129,792.54
$124,487.46
$119,173.53
$113,850.74
$108,519.08
$103,178.54
$97,829.09
$92,470.73
$87,103.44
$81,727.20
$76,342.01
$70,947.84
$65,544.67
B:\2015-2016 FY (2016000)\2016010 -Golf Carts for Sandridge\Copy of Golf Cart Interfund Loan Amortization 201516 11/10/2015
94
Golf Cart Interfund Loan
Purchase 155 Golf Carts Trade In 150 Carts to Yamaha - 4 -Year Loan
Amount Financed:
Interest Rate:
Term (months):
Monthly Payment:
Payment
37
38
39
40
41
42
43
44
45
46
47
48
Payment Due
Date
2/1/2019
3/1/2019
4/1/2019
5/1/2019
6/1/2019
7/1/2019
8/1/2019
9/1/2019
10/1/2019
11/1/2019
12/1/2019
1/1/2020
$254,500.00
2.00%
48
$5,521.41
Principal
$5,412.17
$5,421.19
$5,430.22
$5,439.27
$5,448.34
$5,457.42
$5,466.52
$5,475.63
$5,484.75
$5,493.89
$5,503.05
$5,512.22
Principal
Interest Total Payment Outstanding
$109.24 $5,521.41
$100.22 $5,521.41
$91.19 $5,521.41
$82.14 $5,521.41
$73.07 $5,521.41
$63.99 $5,521.41
$54.89 $5,521.41
$45.78 $5,521.41
$36.66 $5,521.41
$27.52 $5,521.41
$18.36 $5,521.41
$9.19 $5,521.41
$60,132.50
$54,711.32
$49,281.09
$43,841.82
$38,393.48
$32,936.06
$27,469.54
$21,993.92
$16,509.17
$11,015.27
$5,512.22
$0.00
B:\2015-2016 FY (2016000)\2016010 -Golf Carts for Sandridge\Copy of Golf Cart Interfund Loan Amortization 201516 11/10/2015 95
Indian River County
Interoffice Memorandum
Office of Management & Budget
Consent Agenda
To:
From:
Date:
Subject:
Members of the
Board of County Co
Jason E. Brown
Director, Office of an. gem=nt & Budget
November 6, 2015
Miscellaneous Budget Amendment 003 — Sheriff's Office Rollover Request
oners
Description and Conditions
The County Budget Office has received a request from the Sheriff (see attached letter dated
November 10, 2015) to return a portion of excess fees that were returned to the County on October
31, 2015. A Targe portion of these fees were for ongoing capital projects. During last year, the
County provided funding for the new hangar ($136,900) and jail lobby expansion ($111,455) from
law enforcement and corrections impact fees. These fees were encumbered, but not all funds
were expended at the end of the fiscal year. Per Finance Department requirements and Florida
Statues, the unexpended funds had to be returned to the County on October 31st. The Sheriff has
committed funds to these ongoing projects and County staff recommends returning these
remaining funds to the Sheriff for the hangar ($89,177) and jail lobby ($90,935).
The Sheriff has also requested a return of General Fund excess fees to provide additional funding
for the hangar project ($200,000) and the jail lobby expansion ($225,000). Staff recommends
funding these expenses from Optional Sales Tax rather than General Fund dollars. The County
has generally funded such capital projects with Optional Sales Tax, Impact Fees, Grants and other
available revenue sources in an effort to minimize the burden on ad valorem taxes.
On February 17, 2015, the Board of County Commissioners approved funding several requested
repairs and capital items at the jail in the amount of $132,109. The General Fund provided
$15,480 for the jail food hatch project, and Optional Sales Tax provided $116,629 for the
replacement of boilers in Building C and refurbishment of showers in Buildings B and D. The jail
food hatch project and the shower project were not completed by yearend. Therefore, the Sheriff
has requested that the County return unexpended excess fees for these projects. Staff
recommends funding this request, with $15,480 from the General Fund and $16,456 from Optional
Sales Tax.
The Sheriff has also requested funding for the Mental Health Court in the amount of $262,669.91.
County staff needs additional time to evaluate this request, and we intend to present a separate
item to the Board on this matter at a later date.
96
Board of County Commissioners
Page 2 of 2
November 10, 2015
Staff Recommendation
Staff recommends that the Board of Commissioners approve the attached budget resolution
amending the fiscal year 2015/2016 budget.
Attachments
Budget Amendment 003 and Resolution
Letter from Sheriff, dated November 10, 2015
APPROVED AGENDA ITEM:
BY:
eph A. Baird
County Administrator
FOR: November 17, 2015
Indian River County
Appr ed
Date
Administrator
! / /)-h 5-
Legal
I /1't) F�
Budget
i i/16(15
Department
Risk Management
97
RESOLUTION NO. 2015-
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
AMENDING THE FISCAL YEAR 2015-2016 BUDGET.
WHEREAS, certain appropriation and expenditure amendments to the
adopted Fiscal Year 2015-2016 Budget are to be made by resolution pursuant to
section 129.06(2), Florida Statutes; and
WHEREAS, the Board of County Commissioners of Indian River County
desires to amend the fiscal year 2015-2016 budget, as more specifically set forth
in Exhibit "A" attached hereto and by this reference made a part hereof,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year
2014-2015 Budget be and hereby is amended as set forth in Exhibit "A" upon
adoption of this Resolution.
This Resolution was moved for adoption by Commissioner
, and the motion was seconded by Commissioner
and, upon being put to a vote, the vote was as follows:
Commissioner Wesley S. Davis
Commissioner Bob Solari
Commissioner Joseph E. Flescher
Commissioner Peter D. O'Bryan
Commissioner Tim Zorc
The Chairman thereupon declared this Resolution duly passed and adopted
this day of , 2015.
INDIAN RIVER COUNTY, FLORIDA
Attest: Jeffrey R. Smith Board of County Commissioners.
Clerk of Court and Comptroller
By By
Deputy Clerk Chairman
BY
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
COUNTY ATTORNEY
98
II
Resolution No 2015 -
Budget Office Approval:
xhibit "A"
Jason E. drown, Budget Director
Budget Amendment: 003
Entry
Number
Fund/ Depa n nt/Account Name
Account Number
Increase
Decrease
1.
Revenue
General Fund/Non-Revenue/Cash Forward -Oct 1st
001039-389040
$15,480
$0
Impact Fees/Non-Revenue/Cash Forward -Oct 1st
103039-389040
$180,112
$0
Optional Sales Tax Fund/Non-Revenue/Cash Forward -Oct
1st
315039-389040
$441,456
$0
Total Revenue
$637,048
Expense
General Fund/ Sheriff/ Corrections
00160086-099140
$15,480
$0
Impact Fees/ Law Enforcement/ Sheriff
10360021-099040-06048
$89,177
$0
Impact Fees/ Corrections/ Sheriff
10360121-099140
$90,935
$0
Optional Sales Tax Fund/ Sheriff/ Law Enforcement/
Hangar
31560086-099040
$200,000
$0
Optional Sales Tax Fund/ Sheriff/ Corrections
31560086-099140
$241,456
$0
Total Expense
$637,048
99,
Sheriff Deryl Loar
Indian River County
November 10, 2015
Jason Brown, Director, Office of Management & Budget
Indian River Board of County Commissioners
1801 27th Street
Vero Beach, FL 32960-3388
Dear Mr. Brown:
Pursuant to the Board of County Commission's actions on November 10, 2015, in
reference to the return of the year end funds, I would like to respectfully request the
following to be returned the Sheriff's Office accounts listed below:
Fund 016, General Fund $15,480.00 Jail Food Hatch Project
Fund 168, Impact Fees $90,934.04 Jail Lobby Project Balance
Fund 168, Impact Fees/Optional Sales Tax $16,456.00 Jail Shower Project Balance
Fund 168, Impact Fees $89,176.68 Hangar Project Balance
Fund 168, Impact Fees $225,000.00 Add'l Funds for Jail Lobby
Fund 168, Impact Fees $200,000.00 Add'1 Funds for Hangar
Total $621,566.72
Fund 181, Mental Health Court $37,669.91 Fund Balance as of 9/30/15
Fund 181, Mental Health Court $225,000.00 Additional Funds for MHC
Total $262,669.91
Total General Fund Returned to County
Less Amounts for the above projects
NET to County
$827,015.33
$665,480.00
$161,535.33
Please place this item on the consent agenda for November 17`h, 2015. If you have any
questions or require additional information, please contact me at 978-6404.
Sincerely,
Deryl Loar, Sheriff
DL:lt
cc:Kelly Goodwin Metcalf, Comptroller
4055 4151 Avenue, Vero Beach, Florida 32960 www.ircsheriff.org
(772) 569-6700
100
TO:
FROM:
DATE:
SUBJECT:
Leslie R. Swan
Supervisor of Elections
Indian River County
MEMORANDUM
Commissioner Wesley Davis
Leslie Swan, Supervisor of Elections
November 2, 2015
Canvassing Board Member Appointment for the 2016 Election Cycle
For the upcoming 2016 Election Cycle, the county canvassing board shall oversee all
elections. The county canvassing board shall be composed of the supervisor of
elections; a county court judge, who shall act as chair; and the chair of the board of
county commissioners.
Following the November 3, 2015 election, the 2015 — 2016 Chairman of the Board of
County Commissioners will be selected. Per F.S. 102.141, the chair of the board of
county commissioners will serve as a member of the county canvassing board.
The chair of the board of county commissioners is ineligible to serve on the county
canvassing board if any of the following restrictions apply:
• The chair is a candidate who has opposition in the election being canvassed
• The chair is an active participant in the campaign or candidacy of any candidate
who has opposition in the election being canvassed
If the chair in unable to serve, the replacement shall be one of the board's members
who is not a candidate with opposition in the election being canvassed and who is not
an active participant in the campaign or candidacy of any candidate with opposition in
the election being canvassed.
An alternate canvassing board member must also be appointed. The altemate member
shall be appointed by the board of county commissioners and must follow the same
guidelines for all other county canvassing board members.
A Canvassing Board Workshop has been scheduled for January 14, 2016 in Orlando at
the Caribe Royale at 10 a.m. and concludes at approximately 4:00 p.m. This workshop
is extremely helpful to all canvassing board members, but is not mandatory. If you will
be serving as a Canvassing Board Member or an altemate, and are interested in
attending the Canvassing Board Workshop, please contact the Elections Office by
December 1, 2015.
4375,43"i Ai'enue.i.,\Tero Beach, FL 32967 1 Office: (772) 226-3440 1 Fax: (772) 770-5367 www : voteindianriver:coin
01
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION
REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION
Any organization or individual wishing to address the Board of County Commission shall complete this
form and submit it to the Indian River County Administrator's Office.
1
7-1
962
PUBLIC DISCUSSION INFORMATION
Indian River County Code Section 102.04(10)(b): as a general rule, public discussion
items should be limited to matters on which the commission may take action
Indian River County Code Section 102.07(2): limit remarks to three minutes unless
additional time is granted by the commission
NAME OF INDIVIDUAL OR ORGANIZATION: I\ . C k S C L Q s
ADDRESS: Chet 4ts.a.,.^ g C4-t.PHONE:
SUBJECT MATTER FOR DISCUSSION: /- L L A l b cL&. ri
IS A PRESENTATION PLANNED?
IS BACK-UP BEING PROVIDED?
IS THIS AN APPEAL OF A DECISION?
rl Yes
r
fl Yes
Yes
El/No
r;r'No
IF( No
WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION?
)jeOti Q).c (3r.rige4.04% S t.41 ..S u
t f /I Win (r 4,5 t-o,,4-toA A A
ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED?
r Yes ✓ No
WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? a fl 4
S10 ec. /l )41/1 Lt a / S �� c5 of. /<
Transmitted to Administrator Via:
Interactive Web Form
E -Mail
Fax
Mail
Hand Delivered
Phone
COUNTY ADMINISTRATOR.
J i seph A. Baird
MEETING DATE: /2 Q ,J a-yy-? lir e /
102
.1.
PUBLIC NOTICE ITEM: 11/17/15
LEGISLATIVE
Office of
INDIAN RIVER COUNTY
ATTORNEY
Dylan Reingold, County Attorney
William K. DeBraal, Deputy County Attorney
Kate Pingolt Cotner, Assistant County Attorney
MEMORANDUM
TO: Board of County Commissioners
FROM: Dylan Reingold — County Attorney
DATE: November 3, 2015
SUBJECT: Public Notice of Public Hearing Scheduled for December 1, 2015 to
Consider Amending Sections 103.09 and 207.02 of the Code of Indian
River County with regard to Sunsetting the Indian River County
Enterprise Zone Development Agency
The Board of County Commissioners will hold a public hearing on December 1,
2015 to consider adoption of a proposed ordinance entitled:
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING
SECTION 103.09, "THE INDIAN RIVER COUNTY ENTERPRISE
DEVELOPMENT AGENCY," OF CHAPTER 103, "COMMISSIONS AND
BOARDS" OF THE CODE OF INDIAN RIVER COUNTY TO SUNSET THE
INDIAN RIVER COUNTY ENTERPRISE ZONE DEVELOPMENT AGENCY;
AMENDING SECTION 207.02, "DEFINITIONS," OF CHAPTER 207, "LOCAL
BUSINESS TAX RECEIPTS" OF THE CODE OF INDIAN RIVER COUNTY TO
ELIMINATE THE REFERENCE OF ENTERPRISE ZONE; AND PROVIDING
FOR NULLIFICATION OF CERTAIN RESOLUTIONS, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
/nhm
Approved for November 17, 2015 BCC Meeting
Public Notice Items
COUNTY ATTORNEY
Indian River Co.
Appro d
Date
Admin.I//IdiK
Co. Atty.
('c4.-
013/1
Budget
Department
titzI �
Risk Management
---
103
10.C•a.
PUBLIC NOTICE ITEM: 11/17/15
LEGISLATIVE
Office of
INDIAN RIVER COUNTY
ATTORNEY
Dylan Reingold, County Attorney
William K. DeBraal, Deputy County Attorney
Kate Pingolt Cotner, Assistant County Attorney
MEMORANDUM
TO: Board of County Commissioners
FROM: Dylan Reingold — County Attorney`A ,
DATE: November 5, 2015 �"
SUBJECT: Public Notice of Public Hearing Scheduled for December 1, 2015 to
Consider Extending the Existing One -Cent Local Government
Infrastructure Sales Surtax for an Additional Fifteen Years
The Board of County Commissioners will hold a public hearing on December 1,
2015 to consider adoption of a proposed ordinance entitled:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE EXTENSION
OF THE EXISTING ONE -CENT (1 CENT) LOCAL GOVERNMENT
INFRASTRUCTURE SALES SURTAX FOR AN ADDITIONAL PERIOD
OF FIFTEEN YEARS BEYOND THE FIFTEEN YEAR DURATION
ESTABLISHED FOR THE 1989 SURTAX IN INDIAN RIVER COUNTY
ORDINANCE NO. 89-6 AND AS EXTENDED FIFTEEN YEARS AND
SEVEN MONTHS AS PROVIDED FOR IN INDIAN RIVER COUNTY
ORDINANCE 2002-21; PROVIDING FOR A REFERENDUM ON THE
EXTENSION OF SUCH SURTAX; PROVIDING THE FORM OF THE
BALLOT TITLE AND THE QUESTION ON THE REFERENDUM;
PROVIDING FOR A GENERAL DESCRIPTION OF THE PROJECTS TO
Approved for November 17, 2015 BCC Meeting
Public Notice Items
74
OUNTY ATTORNEY
104
Indian River Co.
Appro d
Date
Admin.
///1
Co. Atty.
it
Budget
Ii
Department
Risk Management
---
---
104
/nhm
BE FUNDED BY THE EXTENDED SURTAX; PROVIDING FOR
DISTRIBUTION OF A PORTION OF THE PROCEEDS OF THE
EXTENDED SURTAX TO ALL MUNICIPALITIES WITHIN INDIAN RIVER
COUNTY; PROVIDING FOR EFFECT OF REFERENDUM RESULTS;
PROVIDING AUTHORIZATION FOR NECESSARY ACTION;
PROVIDING FOR SAVINGS CLAUSE; PROVIDING FOR
SEVERABILITY, PROVIDING FOR FILING WITH THE DEPARTMENT OF
STATE AND THE DEPARTMENT OF REVENUE; AND PROVIDING FOR
AN EFFECTIVE DATE.
2
Attorney's Matters - B.C.C. 11.17 15
Office of /34 -
INDIAN
34"INDIAN RIVER COUNTY
ATTORNEY
Dylan Remgold, County Attorney
William K. DeBraal, Deputy County Attorney
Kate Pingolt Cotner, Assistant County Attorney
MEMORANDUM
TO: Board of County Commissioners
FROM: Dylan Reingold, County Attorney
DATE: November 1, 2015 0(1 --
SUBJECT: Tourist Development Council Vacancy Appointment
On September 13, 2011, the Board of County Commissioners adopted Resolution 2011-072, which assigned
to the County Attorney's Office the task of monitoring certain committee member terms, and overseeing the
process of appointments and reappointments. This agenda item is to consider the appointment of an applicant
to fill the position of "owner/operator of motel, hotel, RV park or other tourist accommodation, rep" vacancy
on the Tourist Development Council, which term expires in January 2017. The vacancy has been advertised
on the County's website and on Channel 27 in excess of 30 days. The following are the names of qualified
applicants for this position, whose resumes and/or applications are available for review in the Commissioners'
Front Office area:
William Collins
Zachary McCarron
RECOMMENDATION.
The County Attorney recommends that the Board review the applicants' resumes/applications, and determine
whether to appoint one of the applicants to fill the unexpired term for the "owner/operator of motel, hotel, RV
park or other tourist accommodation, rep" representative to the Tourist Development Council.
APPROVED FOR NOVEMBER 17, 2015
B.C.C. MEETING — ATTORNEY'S MATTERS
C U(� NTYATTORNEY
F:IAttorneylChristinalCOMMITTEE.SICenera/ ManerstBCCAgenda Memos1151101 Committee Vacancy Appointment (TDC) Rev docx
106
Indian River Co.
Ap ',wed
Date
CoAtt
Co. Atty.
(/��1
l(,..,
Budget
Nig 5
Dept.
t
Risk Mgr.
—
—
F:IAttorneylChristinalCOMMITTEE.SICenera/ ManerstBCCAgenda Memos1151101 Committee Vacancy Appointment (TDC) Rev docx
106
10-13-'15 12:44 FROM- Capt Hi rams 772-589-4346 T-015 P000210004 F-034
INDIAN RIVER COUNTY APPLICATION
FOR COMMITTEE APPOINTMENT
Name:
Wit.l.r�►v� C.r�c.1..i�vS
Full Name:
Street Address (No P.O. Boxes);
Home Phone:
NA
Date:
Email Address:
Vit U o .au5•54finNpIc.tom
Is -11 hio‘Co Veah-Fpoe_iva 5zfiro ✓
Work Phone:
711. fCal +1
How long have you been a resident of Indian River County?
Cell Phone:
77i %ryas/9
t _ + 'f to
Are you a full or part time resident? Check one: Full TimePart Timers
Please list current employer or business. If retired, please list any business experience that may be
applicable to the committee.
CoVPrAixl 6
Please list any licenses you presently hold:
(X Tap CAimps c is
Please list any organization of which you are currently a member:
C744, C As`'rftL CaOsiziw,zr,o 1 efi seC,0aYlots.
Please list any other committees or boards you currently sit on:
Continued on next page
107
10-13-'15 12:45 FROM- Capt Hi rams 772-589-4346 T-015 P000310004 F-034
Place a check mark next to the committee(s) you would like to serve on:
AFFORDABLE HOUSING ADVISORY COMMITTEE
❑
AGRICULTURE ADVISORY COMMITTEE
1
BEACH & SHORE PRESERVATION ADVISORY COMMITTEE
CHILDREN'S SERVICES ADVISORY COMMITTEE
CODE ENFORCEMENT BOARD
❑
COMMUNITY DEVELOPMENT BLOCK GRANT
❑
CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS
❑
ECONOMIC DEVELOPMENT COUNCIL
ENTERPRISE ZONE DEVELOPMENT AGENCY
❑
ENVIRONMENTAL CONTROL HEARING BOARD
1111
MPO BICYCLE ADVISORY COMMITTEE
L
MPO CITIZEN ADVISORY COMMITTEE
LI
NEIGHBORHOOD STABILIZATION PROGRAM — CITIZEN ADVISORY TASK
FORCE
PLANNING & ZONING COMMISSION
❑
SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE
TOURIST DEVELOPMENT COUNCIL
gl
TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD
❑
TREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE
ECONOMIC DEVELOPMENT STRATEGY
❑
.,r'@F. =R n}�fi ?'' .tfWARat . + � .M f .0
, , ..�� ��� : �!�.� .. t... �.� ::�ti��l'�-:�!?�.= to the Board of
County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334.
Please note: All applications are kept on file for 6 months.
108
10-13-' 15 '12:45 FROM- Capt H i rams
772-589-4346 T-015 P0004/0004 F-034
1517 Ocean Dr #6 Phone: 772 581-6147
Vero Beach, Fl 32963 Email: wcollins@hirams.com
William Collins
- Overview -
I was born and raised in Indian River County and have always been closely involved
with tourism in our area through my connection to Capt, Hiram's and my father Tom
Collins' forays in the development world I have a serious vested interest in the
continued growth of Indian River County and feel I would be a great addition to the
Tourism Development Committee. I appreciate your consideration.
- Work Experience -
Capt. Hiram's Resort - President. Responsible for entire operation including
management of 70 hotel rooms at Capt Hiram's property and 56 hotel rooms at the
newly acquired Best Western Sebastian. 2013 - present
Orchid Isle Management Co. - President and acting director. Property
Management Company with several assets in the Vero Beach and Sebastian areas.
2010 - present.
- Education -
Undergraduate -
University of Colorado at Boulder. Degree in Architecture with a focus on
Environmental Design.
High School -
St. Edwards School. Class of 2004.
109
1
Name:Zachary McCarron
INDIAN RIVER COUNTY APPLICATION
FOR COMMITTEE APPOINTMENT
Full Name
Zachary McCarron
Date: [10/19/15
—1 Ernail Address: lgm@Prestigehotelverobe4
Street Address (No P.O. Boxes):11526 Ocean Drive, Vero Beach,. Florida 32963
Home Phone:
Work Phone: 1772231521:8
Cell Phone:
How long have you been a resident of Indian River County?110 Years
17725637186 1
Are you a full orpart time resident? Check one: Full Timej✓ l Part Time
Please list current employer or business. If retired; please list any business experiencethat may be
applicable to the committee.
Prestige Hotel Vero Beach
15260cean 'Dr.
Verb Beach, Florida:32963
Please list any licenses you presently hold:
Please list any organization of which you are currently a member:
Indian River County Chamber of Commerce
Vero Beach Chamber of Commerce
Please list any other committees or boards you currently sit on:
Continued on next page
RECEIVED
OCT 2.1 2015
BOARD OF COUNTY
COMMISSION
110
Place a check mark next to the committee(s) you would like to serve on:
; .
AFFORDABLE HOUSING ADVISORY COMMITTEE
11
AGRICULTURE ADVISORY COMMITTEE '
BEACH & SHORE PRESERVATIONADVISORY COMMITTEE
E
CHILDREN'S -SERVICES ADVISORY COMMITTEE
11
CODE ENFORCEMENT BOARD
fl
COMMUNITY DEVELOPMENT BLOCK GRANT
E.
CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS
E
ECONOMIC. DEVELOPMENT COUNCIL
ENTERPRISE ZONE DEVELOPMENT AGENCY
E
ENVIRONMENTAL CONTROL HEARING BOARD
E
MPO:BICYCLE ADVISORY COMMITTEE
MPO CITIZEN ADVISORY COMMITTEE
n
NEIGHBORHOOD STABILIZATION PROGRAM —CITIZEN ADVISORY TASK
FORCE
ri
PLANNING &ZONIN.G COMMISSION
SCHOOL PLANNING CITIZEN OVERSIGHT.COMMITTEE
TOURIST DEVELOPMENT'COUNCIL
TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD.
TREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE
ECONOMIC :DEVELOPMENT STRATEGY
Pleatedtint and return the completed application, along with a current resume, to the Board of
CotintyCornrnistiOn Office, 113.01 27th Street, Vero Beach, FL. 32960, or by -fax at 772-770-5334.
Please note; All applicaticns-are.'kept on file for 6 months.
111
Zachary Ross McCarron
1526:Ocean Drive
Vero Beach F1:32963
Mobile 772:563.7185
O.ffice 7=72:231.5218
gm@prestigehotelverobeach.com
EXPERIENCE
20I5 -present PRESTIGE HOTEL VERO BEACH LLC Vero Beach, FL
.Ocean Front Hotel with 28 Studios. 11 employees.
General Manager
Planned the objectives, Strategy, and Tasks neccesary to develop a -new Hotel.
Trained new members of the guest service team and the Housekeeping team. ltnplemented
online marketing programs. directed to increase revenues through the .use .of web travel agents.
Managed:=a successful..marketing.strategy to increase,bookings.targeting wedding events,:sports
events, and Music groups. Resolvedcustomer complaints in -a timely and professional manner.
2011-2015 COUNTRY INN & SUITES/ HAMPTON INN Vero Beach, FL
2 Hotels Located on I-95 with -65 rooms each.
Assistant General.Manager-
-Managed
Manager -Managed customer relationships, customer -satisfaction prograrns,;and.customer pioblem solving
in a fixed time frame. Guided the daily operations of a Hotel during 24 hours.,and 7 days a week.
200.8=2010 HOLIDAY INN HOTEL & SUITES Vero Beach,.FL
Oceanfront Hotel with I00 rooms.
Front Desk Manager
Directed the front desk -greeting. guest and processing reservations. Managed guess relations,
tourist information, concierge.request, and reservations. Managed resources' to. maximize guess
satisfaction and optimized cost.
20062008 INDIAN RIVER BOATWORK Ft..Pierce,.FL
Boat Repairs
Accountiint Assistance
Maintaned the accounts receivable, account payables, -and payroll. Processed accounting reports.
EDUCATION & SKILLS
Computer Skills include: Windows, OPERA, OnQ, WebRezPro, MS Word,_Excel, MS Office; MS
Outlook, ADP Online 4 CRUM Payroll, QuickBooks, Booking.com;'Exoedia.com, and tnnlink.
Online travel agents and Cloud Based Property Management systems for Hotels:
Excellent Comunication, Organizational; skills. Enjoy contributing to.a team effort and.creating a
good work enviroment Proven record of success in handling increase level. of•responsibility.
!HG -F.O:O Training Program, !HG Hurricane Training Program.
ADDITIONAL INFORMATION
Activeparticipation inthe.Chamber of Commerce Tourism activities: Extensive experience and
knowledge in Indian River County tourism and history. Enjoy traveling, culinary activities, turtle.
conservancy, and walking.
112
Attorney's Matters - B.C.C. 11 17.15
Oice of /3
INDIAN RIVER COUNTY
ATTORNEY
Dylan Reingold, County Attorney
William K. DeBraal, Deputy County Attorney
Kate Pmgolt Cotner, Assistant County Attorney
MEMORANDUM
TO: Board of County Commissioners
FROM: Dylan Reingold, County Attorney
DATE: November 4, 2015 V
SUBJECT: Construction Board of Adjustment and Appeals Committee Appointment
On September 13, 2011, the Board of County Commissioners adopted Resolution 2011-072, which assigned
to the County Attorney's Office the task of monitoring certain committee member terms, and overseeing the
process of appointments and reappointments. This agenda item is to consider the appointment of an applicant
to fill the position of "General Public" representative vacancy on the Construction Board of Adjustment and
Appeals Committee, which term expires in January 2017. The vacancy has been advertised on the County's
website and on Channel 27 in excess of 30 days. The following is the name of the qualified applicant for this
position, whose resume and application is available for review in the Commissioners' Front Office area:
John A. Walker
RECOMMENDATION.
The County Attorney recommends that the Board review the applicant's resume and application, and
determine whether to appoint him to fill the unexpired term for the "General Public" representative to the
Construction Board of Adjustment and Appeals Committee.
APPROVED FOR November 17, 2015
B.C.C. MEETING — ATTORNEY'S MATTERS
COUNTY ATTORNEY
F•\Attorney\Christina\COMMITTEES\General Matters\BCC Agenda Memos\151104 Committee Vacancy (CBAA) - WalkerJ.docs
Indian River Co.
Ap 1rt ed
Date
Admin.
�''—
Co. Atty.
,
kr,
Budget
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Dept.
Risk Mgr.
—
F•\Attorney\Christina\COMMITTEES\General Matters\BCC Agenda Memos\151104 Committee Vacancy (CBAA) - WalkerJ.docs
•
Name:
INDIAN RIVER COUNTY APPLICATION
FOR COMMITTEE APPOINTMENT
I
John A Walker
Full Name:
John A Walker
Street Address (No P.O. Boxes):
Horne Phone.
Date.111 /02/15
Email Address'
42:j6hn'.walker@gmaiLcorn
5015 Fairways Circle #1.07
Work Phone:
How long have you been a resident of Indian River County?
CeII Phone:
772-643-6534.
4. years
Are you a full orpart time resident? Check one: Full Time[i Part Time
Please list.eurrent employer or business. if retired, please•list any business experience that may be
applicable to the committee.
Commercial -construction, facilities management and organizational .management field. Most
recently employed with ValleyCrest as a. National Strategic Accounts. Manager. Previous
positions: Regional Facilities Manager, General Contractor:(Commercial/Residential), Fire-
TinhtertEMILEire_PsevehtiOn_ancLifilan revi�►iv_ _.
Please list any licenses you presently hold:
No current licenses.
Previous licenses and certifications: General Contractor, Fire Inspector 2, EMT, Firefighter
Please list any organization of which you are currently a member:
Vero Beach Veterans Club.
Please list any other committees or boards you currently sit on:
Keep Indian RiverBeautiful Environmental Board.
Past position with Executive Board Committee South West Florida Boy.Scout Council.
Continued on next page
114
Place a check mark next to the committee(s) youi'-would like to serve on:
AFFORDABLE HOUSING ADVISORY COMMITTEE
AGRICULTURE ADVISORY COMMITTEE
BEACH &.SHORE PRESERVATION ADVISORY COMMITTEE
CHILDREITS SERVICES ADVISORY COMMITTEE
. _ .
CODE -ENFORCEMENT BOARD
/•
COMMUNITY DEVELOPMENT BLOCKGRANT
CONSTRUCTION BOARDOF ADJUSTMENT & APPEALS
.1
ECONOMIC DEVELOPMENT COUNCIL
Ell
ENTERPRISE. ZONE DEVELOPMENT AGENCY
ENVIRONMENTAL CONTROL HEARING BOARD
MPQ BICYCLE ADVISORY COMMITTEE
MPO CITIZEN ADVISORY 'COMMITTEE
NEIGHBORHOOD STABILIZATION PROGRAM — CITIZEN ADVISORY TASK
FORCE
PLANNING & ZONING COMMISSION:
SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE
LI
TOURIST DEVELOPMENTCOUNCIL.
TRANSPORTATION DISADVANTAGED LOCAL, COORDINATING BOARD
TREASURE COAST REGIONAL PLANNING COUNCIL —COMPREHENSIVE
ECONOMIC. DEVELOPMENT STRATEGY
Pleas=aWarti'„iiirtattfitolffatetplicatidTaiWwitlp a/cugenaUrt to the Board Of
County Coinniission office, 1801 27th Street, Vero Beach, FL -32960, orb9 fax at772,770-5334.
Please:note:All applicationsare kept on flle for 6 months.
-VOLTqw.kurA
115
JOHN A. WALKER
5015 Fairways Circlet' Vero Beach, Florida 32967
(772)643-6534 jj 42.john.walkercJgmail.com jj https://www.linkedin.com/inLjohnwalker42
S1;N•1MAR1;,-
A .dynamic, performance -driven 'sales professional with a proven record of accomplishments in account
management, business development, leadership development, commercial operations, and long-terni
planning/expansions. Proven aptitude 'in process analysis, budgets, negotiations compliance, performance
management; -and training., Routinely displays unrelenting. passion to excel and improve; leveraging ambition
and experience to:inspire:others in collaboration to.achieve results and redefine objectives.
:\((:i)N1P1.-ISI.1N•II N -IS
• Managed and°created budgets in excess.of $50,000,000.
• Organized and oversaw Targe workforce and volunteers -in nonprofit and profit serviced -based organizations.
• Served as general -contractor for projects in high-end homes, hospital -.facilities, clinics, server -rooms, call.centers, high-
end commercial renovations, jails, and high -security facilities:
Led teams, in writing process specifications: Reduced total operating costs through conservation et%rts/procurement
contracts.
• Administered Talent+ employee profile,assessments.
LXI9:RIf:NgE.
VALLEYCREST LANDSCAPE COMPANIES, Calabasas. California
NationalStrategic Accounts Manager 2013-2015
Oversaw customer satisfaction. and retention Ensured scope of work and contract details'foilowed company portfolios nation-
wide in various regions and branches. Performed site visits, implemented. and clarified ;processes, =and enacted quarterly
business -reviews, -growing contracts through -expanding sites -and services. Worked closely with and trained regional managers,
branch managers, and account 'managers on communication processes,.customer expectations, and resolving customer concerns.
• Created national pricing structures with customers to encourage property improvements and'yearly budgeting:
Consultedcustomers in property review, improving ideas, and saving -costs.
CORPORATION OF PRESIDING BISHOPRIC, CHURCH OF JESUS CHRIST OF LA"T"TER-DAY -SA INTS,:Salt Lake City, Utah
Regional Facilities, Manager 2006-2013
Led facilities manager' team, assistants, building mechanics, acid custodial staff for' 300 properties, with budgets in excess of
$50,000.000. Worked:closely, with and .oversaw volunteers, assisting with financial or physical needs. Oversaw '14 facilities
Managers and associated staff of 15.0•employees.. Implemented best practices and tested and refiined:national practices. Served
on committees dedicated to utility cost reductions and technology iipplementation. Certified with'`Talent+ to perform hiring
assessment exams: Facilitated training of "Cultural Transition Process with Partners in Leadership." as well as training events
and broadcasts for ecclesiastical leadership.in North American Southeast region.
• Met and exceeded annual budget targets in costsavings.
• Increased efficiency in facilities groups management, reducing size from 14 to seven.
• Impleinented hiring,protocolsand talent -testing tools.
• Provided progress reviews and training of volunteer executive leaders.
• Maximized employeeretention, training, and production.
116
John,A Walker-. Page 2
AL)DI1l&)N ij1.\P! RII M L
PARK CITY (UTAH) FIRE DISTRICT, Firefighter, Fire Prevention, and EMT, 2000-2001. Responded to public
emergency situations and worked in fire prevention as.plan reviewer and building inspector.
Marie Osmond. Inc., Provo; Utah, Assistant Production Manager, 1986-2001.. Carried out assignments for various shows,
projects, and•personal needs of Marie;and• management.
1:NTRI PRL:NL RIAL I XPI:RII NCr.
NATURAL BUILDERS, LLC, Heber City, Utah
President / Owner 2002-2006
Owned and operated general construction company specializing in commercial construction and tenant improvements.
Achieved annual sales .of $15.000,000, with clients that included Canyon Park Management; BLS Investments, Omniture,
Symantec, Adobe, Nu Skin, and Intermountain Healthcare.
WALKER CONSTRUCTION, INC., Heber City, Utah
Owner 1995-2000
Owned and operated medium-sized commercial 'interior and exterior finishes coinpany Worked in Utah -area market and
international temples. Specialized in.finish work, cabinetry, painting,'wall coverings, and stucco.
11)1(-..\ loN
UTAH VALLEY`UNIVERSITY, Orem,.Utah
B:S.,:Yublic Emergency Management, 2005
C1:R'I'II ICA PIONS
Certified -Firefighter and intermediate EAST
Certified Uiah.Fire Inspector and' Fire-Service.I nstructor
\'(.'Lt.tN'f I .I+Il
Executive Commitee Southwest Florida Council. Boy Scouts 'of America
LDS -BSA Relationship Committee Chahperson._for the Sou hwest•Florida Council
Keep Indian River Beautiful Environmental Conhmittee
(O 114;'1-E:It SI:11.I..S
MS Office, QuickBooks. Access, MS Project, Photoshop, .video and audio editing, networking; beta testing
Christina Moore
From: Lisa Hill
Sent: Wednesday, November 04, 2015 11:58 AM
To: Christina Moore
Cc: Dori Roy; Lisa Carlson; Misty Pursel; Tina Cournoyer
Subject: Committee Appointment Application
Attachments: John A Walker Committee Application 11042015.pdf
Attached please find the completed Committee Appointment Application from John Walker. Mr. Walker indicated three
different committees he would be interested in serving on for the County. His preference is the Construction Board, but
he also expressed interest in the Beach and Shores Preservation Advisory Committee and the Code Enforcement Board.
His application and resume are also saved to the Shared Committee folder for each of the above committees. Thank you.
,d aa's c €
Commissioner Assistant
Indian River County Board of County Commissioners
1801 27th Street, Bldg. A
Vero Beach, FL 32960
E -Mail: lhill@ircgov.com
Phone: (772) 226-1919
Fax: (772) 770-5334
PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from County
officials regarding county business are considered to be public records and will be made available to the public
and the media upon request. Your email messages and email address may, therefore, be subject to public
disclosure.
vtbe.u.p,
Oa/AieAtta4
1
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118
Attorney's Matters - B.C.C. 11 17 15
Office of i3 (�
INDIAN RIVER COUNTY
ATTORNEY
Dylan Retngold, County Attorney
\Vilham K. DeBraal, Deputy County Attorney
Kate Pmgolt Cotner, Assistant County Attorney
MEMORANDUM
TO: Board of County Commissioners
FROM: Dylan Reingold, County Attorney
DATE: October 27, 2015
SUBJECT: Indian River County Committees — Member Reappointments
BACKGROUND.
On September 13, 2011, the Board of County Commissioners adopted Resolution 2011-072, which
appointed the County Attorney's Office to monitor member terms of certain committees.
Specifically, the resolution requires that (1) on approximately October 15 of each year, the County
Attorney's Office shall contact all board appointed committee members whose terms will expire in the
following January, and determine whether those members want to be considered for reappointment, and (2)
at the last Board meeting in November of each year, the County Attorney's Office shall present to the Board
a list of all committee members requesting reappointment — at which time the Board will reappoint members
from the list as it deems appropriate. Thereafter, on approximately December 1 of each year, a list of
committee vacancies will be created and posted on the County website, and the Board will make
appointments to fill the vacancies no later than the following January 15.
The County Attorney's Office has contacted committee members whose term will expire in January 2016.
Attached to this memorandum is a list of those members who have requested reappointment. The Board
should now review the list and make such reappointments as it deems appropriate.
APPROVED FOR NOVEMBER 17, 2015
B.C.C. MEETING — ATTORNEY'S MATTERS
COUNTY ATTORNEY
F,ArrornryZlddGE\ERAL'B C C'Agrndo .Nemo; Commrrur Terme November 201S dome
119,
Indian River Co.
Ap r ed
Date
Administrator
ll/ 2. I
County Attorney
1A
Budget
ll ` l
Department/of
t9//'S'
Risk Manager
---
---
119,
Board of County Commissioners
October 27, 2015
Page Two
It should be noted that in addition to those committee members not seeking reappointment, there are several
existing vacancies. A list of the anticipated vacancies is attached for informational purposes.
RECOMMENDATION.
The County Attorney recommends that the Board consider the attached list of committee members
requesting reappointment, and reappoint such members as the Board deems appropriate.
ATTACHMENT(S).
1. List of Committee Members Requesting Reappointment
2. List of Anticipated Committee Vacancies (Informational Purposes Only)
F'L4uomn•ILLda&GEVE1LWB C C•dgnda.Vrmos'Comminrr Terms November 2015.docr
120
COMMITTEE REAPPOINTMENTS
(Terms expire in January 2016)
1. AFFORDABLE HOUSING ADVISORY COMMITTEE
2 Year Terms — No Residency Requirement
o Mary Cone - Citizen actively engaged in banking or mortgage industry
o Linda Morgan - Citizen residing within jurisdiction of local governing
body making the appointments
o Mark Seeberg - Real Estate Professional
o David Washington - Essential Services Personnel
2. AGRICULTURAL ADVISORY COMMITTEE
2 Year Terms — County Residency Requirement
o Robert Adair, Jr. - Associated Industry
o Ruben Koch - Irrigation Industry
o Louis C. Schacht - Vegetable Industry
3. BEACH AND SHORE PRESERVATION ADVISORY COMMITTEE
2 Year Terms — County Residency Requirement —
o Bob Anderson - BCC Appointee
o Christian Hendricks - BCC Appointee
o Francisco J. San Miguel - BCC Appointee
4. CHILDREN'S SERVICES ADVISORY COMMITTEE
4 Year (Staggered) Terms — County Residency Requirement
*NO REAPPOINTMENTS*
5. CODE ENFORCEMENT BOARD
3 Year Terms — County Residency Requirement
o Stephen Boehning - Engineer
F.MaorneylChristinalCOMMf17TEES1Genera1 Afatters1Reapps & Vacancies 20151151023 Re -appointments Req.docr
Committee Reappointments for 2016
Page Two
6. CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS
3 Year (Staggered) Terms — No Residency Requirement
o Michael Lue - Inspector or Plans Examiner
o Peter Robinson - Contractor, Division 1
7. ECONOMIC DEVELOPMENT COUNCIL
4 Year Terms — County Residency Requirement, except for Workforce Solution and IRSC
*NO REAPPOINTMENTS*
8. ENVIRONMENTAL CONTROL HEARING BOARD
4 Year (Staggered) Terms — County Residency Requirement and Registered Voter -
*NO REAPPOINTMENTS*
9. PLANNING & ZONING COMMISSION
4 Year Terms — County Residency Requirement
*NO REAPPOINTMENTS*
10. PUBLIC SAFETY COORDINATING COUNCIL
4 Year Terms — No Residency Requirement
o John Romano - Director, Local Substance Abuse Treatment Program
(New Horizons)
11. TOURIST DEVELOPMENT COUNCIL
4 Year Terms — Electors of County
*NO REAPPOINTMENTS*
F•lAttornrylChrisdnalCOAIMI7TEESIGenenal MalterslReapps & Vacancies 20151151023 Re -appointments Req.docr
122
INFORMATIONAL ONLY
COMMITTEE VACANCIES — BOARD OF COUNTY COMMISSIONERS
(Terms expire in January 2016, unless noted as existing vacancy)
• AFFORDABLE HOUSING ADVISORY COMMITTEE — 2 year term, unless
otherwise noted
o Citizen actively engaged in residential home building industry in
connection with affordable housing - (existing vacancy)
o Citizen who represents employers within the jurisdiction -(existing
vacancy)
• AGRICULTURAL ADVISORY COMMITTEE - 2 year term, unless otherwise
noted
o Citrus Industry
• CODE ENFORCEMENT BOARD — 3 year term, unless otherwise noted
o Architect (existing Va.-Can-6-Y)-
•
acancy)
• CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS — 3 year term,
unless otherwise noted
o General Public - (existing vacancy)
o Architect - (existing vacancy)
o Electrical Contractor - (existing vacancy)
o Fire Safety Inspector (fka Plumbing Contractor) - (existing vacancy)
• PUBLIC SAFETY COORDINATING COUNCIL — 4 year term, unless otherwise
noted
o Representative from county/state jobs program or other community
groups who work with offenders and victims (existing vacancy)
Fi4narneyIChristinalCOMM17TEESlGeneral MatterstReapps if Vacancies 20151151022 Vacancies List - Info Only.docx
123
ITEM 14.A.1
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
INTER -OFFICE MEMORANDUM
TO: Members of the Board of County Commissioners
DATE: September 18, 2015
SUBJECT: Interlocal Agreement Establishing the Treasure Coast Workforce
Consortium and the Workforce Development Board of the Treasure
Coast, Inc.
FROM: Wesley S. Davis
Commissioner District 1
I kindly request your consideration in addressing the attached Interlocal Agreement
(with red -lined changes) Establishing the Treasure Coast Workforce Consortium and
the Workforce Development Board of the Treasure Coast, Inc.
Attachments: I nterlocal Agreement
Red -lined Interlocal Agreement
124
INTERLOCAL AGREEMENT ESTABLISHING THE
TREASURE COAST WORKFORCE CONSORTIUM AND THE
WORKFORCE DEVELOPMENT BOARD; OF THE TREASURE COAST, INC.
THIS AGREEMENT, made and entered into pursuant to the authority of Section 163.01, Florida Statutes, by and
between the following three (3) counties passing resolutions to that effect, including the Counties of Indian River, Martin
and St. Lucie, of the State of Florida,
WITNESSETH that:
WHEREAS, Public Law 113-128, enacted by the Congress of the United States effective July 22, 2014, which act
is known as the. "Workforce Innovation and Opportunity Act" (hereinafter called the "WIOA"), the purpose of which is to
help job seekers access employment, education, training, and support services to succeed in the labor market and to
match employers with the skilled workers they need to compete in the global economy; and
WHEREAS, the WIOA replaces the Workforce Investment Act of 1998 and retains and amends the Adult
Education and Family Literacy Act, the Wagner-Peyser Act, and the Rehabilitation Act of 1973; and
WHEREAS, the WIOA makes state and local boards more agile and well-positioned to meet local and regional
employers' workforce needs; and
WHEREAS, the WIOA maintains the Govemor's ability to identify regions within their state by aligning local areas
into regions for coordinated planning and service delivery strategies and further provides that a consortium of units of
general local government may constitute such a workforce planning area; and
WHEREAS, WIOA promotes alignment of workforce development programs with regional economic
development strategies to meet the needs of local and regional employers; and
WHEREAS, the Board of County Commissioners of each of the parties to this Agreement desires that its county
be included in a regional workforce development system for its citizens to benefit from the WIOA; and
WHEREAS, the WIOA requires local Workforce Development Boards (WDB) to coordinate and align
workforce programs to provide coordinated, complementary, and consistent services to job seekers and employers; and
WHEREAS, it is the responsibility of the Board of County Commissioners of each county in the region to appoint
members to the workforce development board in accordance with the WIOA and an agreement entered into by the Board
of County Commissioners of each county; and
i
WHEREAS, it is the responsibility of the WDB, in accordance with an agreement with the Board of County
Commissioners of each county in the region, to determine procedures and select an entity to develop a workforce
development strategic plan, and select a grant recipient and entity to administer the plan; and
WHEREAS, the plan must be approved and submitted jointly by the WDB and the Board of County
Commissioners of each county in the region.
NOW, THEREFORE, the parties hereto agree as follows:
1. Establishment of Treasure Coast Workforce Consortium
There is hereby established a multijurisdictional arrangement (hereinafter called the "Treasure Coast Workforce
Consortium") among all the parties hereto for the express purpose of collectively carrying out the individual
responsibilities of each party to this Agreement under the WIOA. The Treasure Coast Workforce Consortium
Page 1 of 5
125
INTERLOCAL AGREEMENT ESTABLISHING THE
TREASURE COAST WORKFORCE CONSORTIUM AND THE
WORKFORCE DEVELOPMENT BOARD OF THE TREASURE COAST, INC.
shall consist of three (3) members. The Chairman of the Board of County Commissioners of each county shall
serve as his/her County's representative on the Treasure Coast Workforce Consortium, however, provided that
any such Chairman of a Board of County Commissioners may designate another member of his/her County
Commission to attend meetings of the Treasure Coast Workforce Consortium on his/her behalf, and any such
designated member of a County Commission shall have full voting rights and privileges.
2. Identification of Parties to this Agreement
Each of the parties to this Agreement is a county of the State of Florida, and as such is a general purpose political
subdivision which has the power to levy taxes and spend funds, as well as general corporate and police powers.
The governing body of each of the parties to this Agreement is its Board of County Commissioners and each party
to this Agreement is identified as follows:
Name
Board of County Commissioners
Indian River County, Florida
Board of County Commissioners
Martin County, Florida
Board of County Commissioners
St. Lucie County, Florida
Address
1801 27th Street
Vero Beach, FL 32960
2401 S.E. Monterey Road
Stuart, FL 34996
2300 Virginia Avenue
Fort Pierce, FL 34982
3. Geographical Area to be Served by this Agreement
The geographical areas which will be served by this Agreement are the entire geographical areas of each of the
three (3) member counties, which geographical areas are legally described in Chapter 7, Florida Statues, and for
purposes of this agreement, shall be known as the Treasure Coast.
4. Size of Population to be Served
The population of the three county area to be served by this Agreement is 571,821 based upon the population
projections for 2014 prepared by the Florida Department of Economic Opportunity, Bureau of Labor Market
Statistics
5. Agreement Not Prohibited by Law
This Agreement is not prevented by State or local law from taking effect in the entire geographical area which it
intends to serve.
6. Responsibilities of Treasure Coast Workforce Consortium
The parties to this Agreement hereby authorize the Treasure Coast Workforce Consortium to exercise all
decision-making powers, provided to the Board of County Commissioners of each county pursuant to the WIOA, over all
plans, programs, and agreements. More specifically, the Treasure Coast Workforce Consortium is hereby authorized:
Page 2 of 5
126
INTERLOCAL AGREEMENT ESTABLISHING THE
TREASURE COAST WORKFORCE CONSORTIUM AND THE
WORKFORCE DEVELOPMENT BOARD OF THE TREASURE COAST, INC.
(1) to appoint the members of the Workforce Development Board of the Treasure Coast, in accordance with
Section 107 of Title I of the WIOA and Section 8 of this Agreement, which shall serve the functions described in Section
107 of Title I of the WIOA; and
(2) to enter into an agreement or agreements with the Workforce Development Board of the Treasure Coast,
herein named WIOA grant recipient and administrative entity for the development of the WIOA plan as described in
Section 108 of Title I of the WIOA; and
(3) to review and approve all WIOA plans prepared under Section 108 of Title 1 of the WIOA and jointly
submit, along with the Workforce Development Board of the Treasure Coast, said plans to the Governor; and
(4) to perform any other appropriate duties necessary for the accomplishment of and consistent with the
purposes of this Agreement and the WIOA.
7 Quorum and Voting
At all meetings of the Treasure Coast Workforce Consortium, the presence in person of a majority of the whole
Treasure Coast Workforce Consortium shall be necessary and sufficient to constitute a quorum for the transaction of
business. At all meetings of the Treasure Coast Workforce Consortium at which a quorum is present, all matters shall be
decided by the vote of a majority of the members of the Treasure Coast Workforce Consortium.
8. Establishment, Composition, and Appointment of the Workforce Development Board
There is hereby established a Workforce Development Board, which shall be constituted in accordance with the
requirements of Section 107 of Title I of the WIOA and this Section 8 of this Agreement (hereinafter called the "Workforce
Development Board of the Treasure Coast"). The initial number of members of the Workforce Development Board of the
Treasure Coast shall be twenty-one (21). Thereafter, the number of members of the Workforce Development Board shall
be determined by the Board.
Members shall be appointed for fixed and staggered terms and may serve until their successors are appointed.
Terms of Workforce Development Board members shall be three (3) years. Any vacancy in the membership of the
Workforce Development Board shall be filled in the same manner as the original appointment. Members may be
reappointed for successive terms if the sponsoring organization agrees. Any member of the Workforce Development
Board may be removed for cause in accordance with procedures established by the Workforce Development Board.
A majority of the Workforce Development Board shall be representatives of the private sector, who shall be
owners of businesses, chief executives or chief operating officers of businesses, and other business executives or
employers with optimum policy-making or hiring authority or who represent businesses with employment opportunities that
reflect the employment opportunities of the local area.
Private sector nomination, and the individuals selected by the Treasure Coast Workforce Consortium from such
nominations, shall reasonably represent the industrial and demographic composition of the business community. The
Chairman of the Workforce Development Board shall be selected from among members of the Board who are
representatives of the private sector.
Page 3 of 5
127
INTERLOCAL AGREEMENT ESTABLISHING THE
TREASURE COAST WORKFORCE CONSORTIUM AND THE
WORKFORCE DEVELOPMENT BOARD OF THE TREASURE COAST, INC.
The private sector representatives on the Workforce Development Board shall be selected by the Treasure Coast
Workforce Consortium from individuals nominated by general-purpose business organizations, such as chambers of
commerce, economic development agencies, business councils, and business trade organizations.
All nominations to the Workforce Development Board must be the CEO, or manager or equivalent of their
organization whether private or public.
The education representatives on the Workforce Development Board shall be nominated by regional or local
educational agencies, institutions or organizations representing such local educational entities and appointed by the
Treasure Coast Workforce Consortium
The labor representatives on the Workforce Development Board shall be selected by the Treasure Coast
Workforce Consortium from individuals nominated by local labor organizations.
The rehabilitation agency representatives on the Workforce Development Board shall be selected by the Treasure
Coast Workforce Consortium from the individuals nominated by local rehabilitation agencies.
The community-based organization representatives on the Workforce Development Board shall be selected by the
Treasure Coast Workforce Consortium from the individuals nominated by local community-based organizations.
The economic development agency representatives on the Workforce Development Board shall be selected by
the Treasure Coast Workforce Consortium from the individuals nominated by local economic development agencies.
The one-stop representatives on the Workforce Development Board shall be selected by the Treasure Coast
Workforce Consortium from individuals representing one-stop partners.
Other individuals or representatives of other entities may be included as the Workforce Development Board may
determine to be appropriate and are so appointed by the Treasure Coast Workforce Consortium.
9. Workforce Development Area Designation.
Pursuant to the designation by the Governor, the three (3) counties constituting the Treasure Coast Workforce
Consortium shall be the Treasure Coast Workforce Development Region, previously a substate service delivery area
under the Workforce Innovation Act, as provided for in Section 107 of Title I of the WIOA for the geographical area
covered by this Agreement.
10 No Local Funds Required of Counties
No funds will be mandated from the treasuries of any of the parties to this Agreement for implementation of the
W IOA, it being the intent hereof that all funding of the W IOA shall be accomplished entirely by grants pursuant to the
WIOA and any other available State or Federal grants.
11. Duration of Agreement
This Agreement shall have the duration equal to the period that the Treasure Coast Workforce Development
region designation remains in effect for the geographical area covered by this Agreement. Any party to this Agreement
may withdraw from this Agreement by passing a resolution to such effect and providing thirty (30) days notice to the other
Page 4 of 5
128
INTERLOCAL AGREEMENT ESTABLISHING THE
TREASURE COAST WORKFORCE CONSORTIUM AND THE
WORKFORCE DEVELOPMENT BOARD OF THE TREASURE COAST, INC.
parties to this Agreement. However, the validity, force, and effect of this Agreement shall not be affected by the withdrawal
of one (1) or more parties to this Agreement.
12. Effective Date
This agreement shall be effective when executed by the parties hereto and when a copy of this agreement has
been filed with the Clerks of the Circuit Courts of the respective counties.
IN WITNESS WHEREOF, the undersigned parties have executed this agreement.
BOARD OF COUNTY COMMISSIONERS - INDIAN RIVER COUNTY, FLORIDA
County Clerk Date Chairman Date
Approved as to form and legal sufficiency
County Attorney Date
BOARD OF COUNTY COMMISSIONERS - MARTIN COUNTY, FLORIDA
County Clerk Date Chairman Date
Approved as to form and legal sufficiency
County Attorney Date
BOARD OF COUNTY COMMISSIONERS - ST. LUCIE COUNTY, FLORIDA
County Clerk Date Chairman Date
Approved as to form and legal sufficiency
County Attorney Date
Page 5 of 5
129
INTERLOCAL AGREEMENT ESTABLISHING THE
TREASURE COASTWORKFORCE CONSORTIUM
AND THE
WORKFORCE DEVELOPMENT BOARD OF THE TREASURE COAST
THIS AGREEMENT, made and entered into pursuant to the authority of Section 163.01, Florida
Statutes, by and between the following feu-(1)three (31 counties passing resolutions to that effect,
including the Counties of - _ _ _ . _ _ : Indian River, Martin and St.
Lucie, of the State of Florida,
WITNESSETH that:
WHEREAS, Public Law 400113-128 enacted by the Congress of the United States effective
August--1-898JuIv 22, 2014 which act is known as the 'Workforce Investment Innovation and
Opportunity Act-ef-1-998' (hereinafter called the "NOV), the purpose of which is to help iob seekers
access employment, education, training, and support services to succeed in the labor market and to
match employers with the skilled workers they need to compete in the global economvprevide-workforce
and
WHEREAS, the WIOA replaces the Workforce Investment Act of 1998 and retains and amends
the Adult Education and Family Literacy Act, the Wagner-Peyser Act. and the Rehabilitation Act of
197
WHEREAS, the WIOA makes state and local boards more agile and well-positioned to meet local
and regional employers' workforce need
and
WHEREAS, the WIOA requires -maintains the Governor's ability to identify regions within their
state by aligning local areas into regions for coordinated planning and service delivery strategies designate
nd
further provides that a consortium of units of general local govemment may constitute such a workforce
develeaniennin area; and
WHEREAS, WIOA promotes alignment of workforce development programs with regional
economic development strategies to meet the needs of local and regional employers
6
130
WHEREAS, the Board of County Commissioners of each of the parties to this Agreement desires
that its county be included in a regional workforce development system for its citizens to benefit from the
WIOA; and
WHEREAS, the WIOA requires local Workforce Development Boards (WDB) to
coordinate and align workforce programs to provide coordinated, complementary, and consistent services
to lob seekers and employe
WHEREAS, it is the responsibility of the Board of County Commissioners of each county in the
region to appoint members to the workforce development board in accordance with the WIOA and an
agreement entered into by the Board of County Commissioners of each county; and
WHEREAS, it is the responsibility of the WDB, in accordance with an agreement with the Board of
County Commissioners of each county in the region, to determine procedures and select an entity to
develop a workforce development strategic plan, and select a grant recipient and entity to administer the
plan; and
WHEREAS, the plan must be approved and submitted jointly by the WDB and the Board of
County Commissioners of each county in the region.
NOW, THEREFORE, the parties hereto agree as follows:
Establishment of Treasure Coast Workforce Consortium
There is hereby established a mulCryjurisdictional arrangement (hereinafter called the "Treasure
Coast Workforce Consortium') among all the parties hereto for the express purpose of collectively
carrying out the individual responsibilities of each party to this Agreement under the WIOA. The Treasure
Coast Workforce Consortium shall consist of four (4)three (31 members. The Chairman of the Board of
County Commissioners of each county shall serve as his/her County's representative on the Treasure
Coast Workforce Consortium; however, provided that any such Chairman of a Board of County
Commissioners may designate another member of his/her County Commission to attend meetings of the
Treasure Coast Workforce Consortium on his/her behalf, and any such designated member of a County
Commission shall have full voting rights and privileges.
2. Identification of Parties to this Agreement
Each of the parties to this Agreement is a county of the State of Florida, and as such is a general
purpose political subdivision which has the power to levy taxes and spend funds, as well as general
corporate and police powers. The goveming body of each of the parties to this Agreement is its Board of
County Commissioners and each party to this Agreement is identified as follows:
1.
Name
Board of County Commissioners
Indian River County, Florida
Board of County Commissioners
Martin County, Florida
Address
1801 27th Street
Vero Beach, FL 32960
2401 S.E. Monterey Road
Stuart, FL 34996
6
131
Board of County Commissioners 2300 Virginia Avenue
Fort Pierce, FL 3495934982
St. Lucie County, Florida
Indian River County, Florida
Vero Beach, FL 32960
Okeechobee County, Florida
Okeechobee, FL 34974
3. Geographical Area to be Served by this Agreement
The geographical areas which will be served by this Agreement are the entire geographical areas
of each of the four(4)three (3) member counties, which geographical areas are legally described in
Chapter 7, Florida Statues, and for purposes of this agreement, shall be known as the Treasure Coast.
4. Size of Population to be Served
The population of the four—three county area to be served by this Agreement is X116,312571,821
based upon the population projections for April 1, 1.9952014 prepared by the
= Florida Department of Economic
Opportunity, Bureau of Labor Market Statistics.
5. Agreement Not Prohibited by Law
This Agreement is not prevented by State or local law from taking effect in the entire geographical
area which it intends to serve.
6. Responsibilities of Treasure Coast Workforce Consortium
The parties to this Agreement hereby authorize the Treasure Coast Workforce Consortium to
exercise all decision-making powers, provided to the Board of County Commissioners of each county
pursuant to the WIOA, over all plans, programs, and agreements. More specifically, the Treasure Coast
Workforce Consortium is hereby authorized:
(1) to appoint the members of the Workforce Development Board of the Treasure Coast, in
accordance with Section 44107 of Title I of the WIOA and Section 8 of this Agreement, which shall serve
the functions described in Section 44107 of Title I of the WIOA; and
(2) to enter into an agreement or agreements with the Workforce Development Board of the
Treasure Coast, herein named WIOA grant recipient and administrative entity for the development of the
WIOA plan as described in Section 4108 of Title I of the WIOA; and
(3) to review and approve all WIOA plans prepared under Section 448-108 of Title I of the
WIOA and jointly submit, along with the Workforce Development Board of the Treasure Coast, said plans
to the Governor; and
(4) to perform any other appropriate duties necessary for the accomplishment of and
consistent with the purposes of this Agreement and the WIOA.
7. Quorum and Voting
At all meetings of the Treasure Coast Workforce Consortium, the presence in person of a majority
of the whole Treasure Coast Workforce Consortium shall be necessary and sufficient to ,constitute a
132
quorum for the transaction of business. At all meetings of the Treasure Coast Workforce Consortium at
which a quorum is present, all matters shall be decided by the vote of a majority of the members of the
Treasure Coast Workforce Consortium.
8. Establishment. Composition. and Appointment of the Workforce Development Board
There is hereby established a Workforce Development Board,
= which shall be constituted in accordance
with the requirements of Section 447-107 of Title I of the WIOA and this Section 8 of this Agreement
(hereinafter called the "Workforce Development Board of the Treasure Coast). The initial number of
members of the Workforce Development Board of the Treasure Coast shall be forty-three-(43.)twenty-one
(21). Thereafter, the number of members of the Workforce Development Board shall be determined by
the Board.
Members shall be appointed for fixed and staggered terms and may serve until their successors
are appointed. Terms of Workforce Development Board members shall be three (3) years. Any vacancy
in the membership of the Workforce Development Board shall be filled in the same manner as the original
appointment. Members may be reappointed for a-successive terms if the sponsoring organization agrees.
Any member of the Workforce Development Board may be removed for cause in accordance with
procedures established by the Workforce Development Board.
A majority of the Workforce Development Board shall be representatives of the private sector,
who shall be owners of businesses, chief executives or chief operating officers of businesses, and other
business executives or employers with optimum policy-making or hiring authority or who represent
businesses with employment opportunities that reflect the employment opportunities of the local area.
Private sector nomination, and the individuals selected by the Treasure Coast Workforce
Consortium from such nominations, shall reasonably represent the industrial and demographic
composition of the business community. The Chairman of the Workforce Development Board shall be
selected from among members of the Board who are representatives of the private sector.
The private sector representatives on the Workforce Development Board shall be selected by the
Treasure Coast Workforce Consortium from individuals nominated by general-purpose business
organizations, such as chambers of commerce, economic development agencies, business councils, and
business trade organizations.
All nominations to the Workforce Development Board must be the CEO, or manager or equivalent
of their organization whether private or public.
The education representatives on the Workforce Development Board shall be nominated by
regional or local educational agencies, institutions or organizations representing such local educational
entities and appointed by the Treasure Coast Workforce Consortium.
The labor representatives on the Workforce Development Board shall be selected by the
Treasure Coast Workforce Consortium from individuals nominated by local labor organizations.
Lco/WIA99 9AV15
6
133
The rehabilitation agency representatives on the Workforce Development Board shall be selected
by the Treasure Coast Workforce Consortium from the individuals nominated by local rehabilitation
agencies.
The community-based organization representatives on the Workforce Development Board shall
be selected by the Treasure Coast Workforce Consortium from the individuals nominated by local
community-based organizations.
The economic development agency representatives on the Workforce Development Board shall
be selected by the Treasure Coast Workforce Consortium from the individuals nominated by local
economic development agencies.
The one-stop representatives on the Workforce Development Board shall be selected by the
Treasure Coast Workforce Consortium from individuals representing one-stop partners.
Other individuals or representatives of other entities may be included as the Workforce
Development Board may determine to be appropriate and are so appointed by the Treasure Coast
Workforce Consortium.
9. Workforce Development Area Designation.
Pursuant to the designation by the Governor, the four (4)three (3) counties constituting the
Treasure Coast Workforce Consortium shall be the Treasure Coast Workforce Development Region,
previously a substate service delivery area under the Workforce Innovation
Act, as provided for in Section 446-107 of Title I of the WIOA for the geographical area covered by this
Agreement.
10. No Local Funds Required of Counties
No funds will be mandated from the treasuries of any of the parties to this Agreement for
implementation of the WIOA, it being the intent hereof that all funding of the WIOA shall be accomplished
entirely by grants pursuant to the WIOA and any other available State or Federal grants.
11. Duration of Agreement
This Agreement shall have the duration equal to the period that the Treasure Coast Workforce
Development region designation remains in effect for the geographical area covered by this Agreement.
Any party to.this Agreement may withdraw from this Agreement by passing a resolution to such effect and
providing thirty (30) days notice to the other parties to this Agreement. However, the validity, force, and
effect of this Agreement shall not be affected by the withdrawal of one (1) or more parties to this
Agreement.
12. Effective Date
This agreement shall be effective when executed by the parties hereto and when a copy of this
agreement has been filed with the Clerks of the Circuit Courts of the respective counties.
IN WITNESS WHEREOF, the undersigned parties have executed this agreement.
BOARD OF COUNTY COMMISSIONERS
Lzo' W IA99 9/8/15
INDIAN RIVER COUNTY, FLORIDA
6
134
County Clerk Date Chairman Date
Approved as to form and legal sufficiency
County Attorney Date
BOARD OF COUNTY COMMISSIONERS
MARTIN COUNTY, FLORIDA
County Clerk Date Chairman Date
Approved as to form and legal sufficiency
County Attomey Date
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
County Clerk Date Chairman Date
Approved as to form and legal sufficiency
County Attorney Date
INDIAN RIVER COUNTY, FLORIDA
County Clerk
Date Chairman
Dato
OKEECHOBEE COUNTY, FLORIDA
County Clerk
Dato Chairman
County Attomoy Dato
Dato
6
135
BCC AGENDA
November 17, 2015
ITEM 14.6 (1 )
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
INTER -OFFICE MEMORANDUM
TO: Members of the Board of County Commissioners
DATE: November 10, 2015
SUBJECT: Resolution in support of Representative Mayfield's FMPA bill
FROM: Commissioner Bob Solari
Attached is a resolution in support of Representative Mayfield's bill dealing with
the Florida Municipal Power Agency for the Boards consideration.
Thank you.
136
RESOLUTION NO. 2015-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, URGING THE FLORIDA LEGISLATURE TO
ADOPT AND THE GOVERNOR RICK SCOTT TO
SUPPORT HOUSE BILL 579 REGULATING MUNICIPAL
POWER; AND DIRECTING CERTIFIED COPIES OF THIS
RESOLUTION TO BE PROVIDED TO VARIOUS
.t=tTJi=C1
OFFICIALS.
WHEREAS, The Florida Municipal Power Agency is a Joint Use;Action Agency created
f.:
pursuant to a series of inter -local agreements with Florida municipalities4oy=;finance, acquire,
contract, manage, and operate its own electric power $;projects or jointly accotnplish,the same
purposes with other public or private utilities, and
f :r
WHEREAS, The Florida Municipal Power Agency*,governed by a Board of Directors,
with one Board member appointed by each member municipality. The Board decides all issues
concerning each project except for the A114Requirements Projet ;The All Requirements Project
is governed by an Executive Committee `'`with;_ each All Requirements Project member
vw
municipality that purchases power from the prdject.� appointing one Executive Committee
member, and
Or
WHEREAS, most4 f tl ose • who serve 'on the Board of Directors and the Executive
Committee are not elected by the ,voters of the 'communities to which the Florida Municipal
WHEREAS, the Joint`Legiss1ativeAuditing Committee received Report No. 2015-165 on
March 30, 201-5;"regaiding,.the Florida Municipal Power Agency, which contains findings and
recommendations and ~.
WHEREAS, many of ;the Florida Municipal Power Agency's hedging activities were
found to be inconsistent withhaother joint use action agencies, leading to net losses of $247.6
million over the past02 fiscalears, and
WHEREAS, Vaal of the Florida Municipal Power Agency's personnel and payroll
administration activities may negatively affect future rates, including the Chief Executive
Officer's employment contract providing for severance pay and lifetime benefits even if
employment is terminated for cause, and
• Power Agency serves; andr
WHEREAS, the Florida Municipal Power Agency did not consistently follow its own
procurement and competitive selection policies, one of which may increase the cost of bond
issues, and
Page 1 of 3
137
RESOLUTION NO. 2015 -
WHEREAS, the Florida Municipal Power Agency's All Requirements Project
agreement to curtail peak -shaving activities are primarily voluntary, rely on self -reporting, and
contain no penalties for noncompliance, and
WHEREAS, certain of the All Requirements Project contract provisions relating to
withdrawing members are ambiguous, use a fixed discount rate rather than one based on current
capital costs, and do not provide for independent verification by a withdrawing member, and
WHEREAS, even though the Florida Municipal Power Agency isa,governmental entity,
manyof the laws that apply to localgovernments do not 1 to the agency, and
pP Y apply g Y�
WHEREAS, the Florida Municipal Power Agency isnot subject to any rate-setting
authority, including the Public Service Commission, and
WHEREAS, elected officials who support; transparency and `'acco.untability in
government, including governmental agencies, serve,.their constituencies well; and
WHEREAS, elected officials have a fiduciary day
value of the assets and liabilities for which they are responsi
ty=4o.::those they serve to understand the
WHEREAS, House Bill 579 has been:=intr•,oduced to promote ,:transparency, consistency,
and public understanding and confidence in.{ thesoperation of the" Florida Municipal Power
t.Agency by the member municipalities and therpublic,incl"udi°ng-those electric ratepayers who are
t�., fir. t•�.,
not residents of the municipality,supplying electriclpower but=who are subject to a municipality
that is receiving power fronai°the="Flo ida Municipai,Power Agency,
NOW, THEREEW, BO' IT RESOLVrED BY THE BOARD OF COUNTY
�
COMMISSIONERS OF INDIANr RhVER COUNTY, FLORIDA, THAT:
Section=l'"�Tle -boye "WHEREAS" clauses are true and correct, and are hereby adopted
as findings`o�'t -- Board.
_d .. , :..:=n.
r� sn
47
Seetiont2. The Boardd`urges the State Administration and Florida Legislature to support
House Bill 579 which providesYmuch needed regulation of municipal power.
Section 3. certified copy of this resolution shall be provided to the Governor Rick
Scott, the Speaker of- ,the House, the President of the Senate and the Indian River County
Legislative Delegation:
The foregoing resolution was moved for adoption by Commissioner , and
seconded by Commissioner , and, upon being put to a vote, the vote was as
follows:
Commissioner Wesley S. Davis
Commissioner Joseph E. Flescher
Page 2 of 3
RESOLUTION NO. 2015 -
Commissioner Peter D. O'Bryan
Commissioner Bob Solari
Commissioner Tim Zorc
The Chairman thereupon declared the resolution duly passed and adopted this day
of , 2015.
ATTEST: Jeffrey R. Smith, Clerk of Circuit BOARD OF COUNTYAQ2,MMISSIONERS OF
Court and Comptroller INDIAN RIVER COUNW;FLORIDA
.xst'
By: By:
Deputy Clerk
BCapproval tlate:
„..
, Chairman
20154:P
Approved aVoform and legal sufficiency:
‘... •
' Ivik
-... ..-
1..3.‘ Y-3
"
eingold, County Attorney
Page 3 of 3
139
November 17, 2015
ITEM 14.E.1
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
INTER -OFFICE MEMORANDUM
TO: Members of the Board of County Commissioners
DATE: November 10, 2015
SUBJECT: Save the Date: Public Workshop on Indian River Lagoon
FROM: Tim Zorc
Commissioner, District 3
77)'L
Discussion Item:
Public workshop on Indian River Lagoon tentatively scheduled for Thursday, March 3,
2016 at the Board of County Commission Chambers.
140
DISTRICT
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Honorable Emergency Services District Board of Commissioners
THROUGH: Joseph A. Baird, County Administrator
THROUGH: John King, Director of Emergency Services
FROM: Brian Burkeen, Assistant Chief
DATE: November 2, 2015
SUBJECT:
Approval of Work Order No.2 for Fire -Rescue Station #7 Modular (1893 90th
Avenue)
It is respectfully requested that the information contained herein be given formal consideration by the
Emergency Services District Board of Commissioners.
DESCRIPTION:
Staff is recommending approval of Work Order No.2 as attached, to continue with the installation
and design process of the modular building for Fire -Rescue Station #7. Continuing with the Board
approved Professional Design/Build Services Agreement with Barth Construction; the attached
summary outlines costs of $190,712.00.
FUNDING:
ITEM
Amount
Account Number
Station #7 Modular Install
$190,712.00
11412022-066290-15020
Funding will be provided through a budget amendment from Emergency Services District — Reserve
for Contingency
RECOMMENDATION: •
Staff recommends approval of Work Order No.2 for the modular building for Fire Station #7.
ATTACHMENTS:
Work Order #2
GMP Proposal Letter
APPROVED FOR AGENDA
FOR: November 17, 2015
BY:
o eph A. Baird
County Administrator
Indian River Co.
gd'lr' n
APP
Date
i 1),2.11?
Legal
V / ,1
A)
1/-10%5
Budget
114115c
Dept.
1161')
Risk Mgr.
og'lud`tc_
ik /0 -i5
General Svcs.
141
Indian River County
Emergency Services District Board of Commissioners
4225 43rd Avenue
Vero Beach, Florida 32960
Telephone: (772) 226-3900 FAX: 772-567-9323
Project:
Fire Station? Modular, 1893 90th Avenue
Design and Preconstruction
Emergency Services District
AMENDED WORK ORDER NO. 2
FOR
DESIGN/BUILD AGREEMENT
PHASE IV
WITH
Barth Construction, Inc.
This Work Order No. 2 is in accordance with the existing DESIGN/BUILD AGREEMENT
PHASE I dated December 6, 2012 between Barth Construction, Inc (Design/Builder) and Indian
River County (County).
SECTION I — PROJECT LIMITS
This Work Order No. 2 outlines for the Design/Builder to perform in connection with design, and
preconstruction work and related design for a temporary modular building.
SECTION II - SCOPE OF SERVICES
As agreed upon between Design/Builder and County, that the Design/Builder shall provide
services to include;
• Constructing the electrical, water, fire line and sewer utility connections to the modular
building.
• Constructing the onsite storm water drainage system.
• Fill and grade the site including the new stabilized drive that includes 6" of asphalt
millings.
• Installing the concrete parking, including the pavement markings.
• Erosion control, sod and maintenance during construction and clean up.
The proposal from the Design/Builder is attached to this work order and incorporated herein.
1
142
IRCESD Work Order No. 1
Barth Construction, Inc
Fire Station Modular 7
November 2, 2015
Page 2 of 3
SECTION III — COMPENSATION
The County agrees to pay, and the Design/Builder agrees to accept, for the above described
services rendered as identified in Sections I, and II of this Work Order No. 2, for a total amount
of $190,712.00
Any additional services not described hereon shall be pre -approved by the County.
All invoicing shall include itemized costs and materials expended to complete the Work.
Payments shall be in accordance with the original Agreement dated December 6, 2012.
The AGREEMENT is hereby amended as specifically set forth herein. All remaining sections of
the AGREEMENT shall remain in full force and effect, and are incorporated herein.
2 143
IRCESD Work Order No. 1
Barth Construction, Inc
Fire Station Modular 7
November 2, 2015
Page 3of3
IN WITNESS WHEREOF the parties hereto have executed these presents this 10thi day of
November, 2015.
OWNER:
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
(Signature)
Chairman
Approved by BCC
ATTEST:
Jeffrey R. Smith, Comptroller and Clerk of
Circuit Court
Deputy Clerk
Approved as to Form and Legal Sufficiency:
William K. CSeBraal
Deputy County -Attorney
Joseph A aird
County ' dministrator
3
DESIGN/BUILDER:
BARTH CONSTRUCTION, INC
/ /(Signature)
Jason Fykes
(-x Project Manager
Witnessed by:
(Signature)
(Printed name)
144
BARTH
Construction, Inc.
General Contractor CGC007847
October 25, 2015
John King
Indian River County Emergency Services
4225 43 rd Avenue
Vero Beach, Florida, 32960
Re: Station # 7 -Site Development
Mr. King,
We are pleased to present to you our proposal for the development of the Fire Station #7 temporary site in the
amount of $190,712.00
The proposal is based upon the plans prepared by Carter & Associates. The scope is generally describe as;
Constructing the electrical, water , fire line and sewer utility connections to the modular building
constructing the onsite storm water drainage system
fill and grade the site including the new stabilized drive that includes 6" of asphalt millings
installing the concrete parking, including the pavement markings
erosion control, sod, maintenance during construction and clean up.
The following is exclude from this proposal
all Fire alarm and connection of fire service to the trailer
all ramps and stairs will be by other
Please refer to the attached for further break down of the costs.
Thank you
Jason Fykes
Barth Construction, Inc.
1717 Indian River Boulevard * Suite 202A * Vero Beach, Florida 32960
Phone: (772) 778-3072 * Fax: (772) 770-3017
E-mail: info@barthconstruction.com * Internet: www.barthconstruction.com
F:1Projects\IRC Fire Stations 20111Fire Station #71Fire Station 7 GMP letter 10.25.15.doc
IRC Temp Fire Station #7
Estimate
42 DAYS
6 WEEKS
1.5
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*
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i, i k'L' ,.,•
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*
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-
1060
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1061
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1070
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*
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*
.: ..:..
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1120
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.,�, �
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*
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0.00
1125
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, •.,,
�`�''i`i�;o�.v;c"s,'`d�r�:;';::,�:SUOi�
*
- 500
- 150
-
-
- -
- -
- 300
- 650
- _
-
-
-854
- 1,00
6
-
_ _
_
-
y
-
4,000
-
..........2,200'.
500:.
( 0 00
1130
Supv vehicle
,a4,..+ g` ;:.r, ,"• t :':g }
..J<.,,,.;:;,,:��•,,?1�.>r;:.4 �o+ i,:.':y�:
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1133
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*
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1138
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1140
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*
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1142
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*
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1158
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By owner
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+
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1200
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*
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*
-
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*
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. 0',00
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*
-
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,:0:00
1273
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*
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*
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.
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*
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DIVISION 2
*
Temite Control
Erosion Control
Stripping,clearing & grading
1111610:41511,
*
Fire Line & DDC
First Choice
*
Water, Sewer Utilities
*
Storm Drainage
*
*
Stabilized drive
iiiigningiN10011
Millings
6" thick
Cable Gate & Sign
IMINNINIINUM11
MitfifilTENUNIFILW(
*
Pavementy Markings
Sod & maintenance
DIVISION 3
ludiirogalitia0*$"1
•iiliglygnolizimirelk
WIRSINANIMISPIP
$
*
*
*
Concrete
DIVISION 16
*
*
Electrical
Complete
CIRINIIMEMI
Fire Alarm
By Owner
SUB TOTALS
ouNgannitSten
EMINIISSONIM
MagNagi$6$41
*
*
*
425
00103V,A1601
500
3,340
31,835
11,295
28,215
2,640
12,580
11,080
990
10,095
14,070
11,615
'41,11,44.101,A;25.5,;111.
500
000
0.00
0.0o
000
0.00
.. ... .
. .
.........
.....
G;OO
TOR01411'.!! ."*"111TTI'l
LABOR BURDEN
Sub -Total
OH&P
miiiiiim00100411011
iiW1' 6t1784
Alrfgailillalh06141
CEO CUT
Sub Total
Contingency
Sub -Total
P&P Bond
Total Bid
go-goimamornoni
15,000
vslutkletrorK6111
Iglark •
5 3,250.00 None
OM M1151
snifIgiVigipt•
°OW'
Indian River County Florida
File Summary
1801 27th Street
Building A
Vero Beach, Florida,
32960-3388
www.IRCGov.com
File Number
Title Current Status
15-230 Emergency Services District Agenda Ready
Approval of Work Order No.2 for Fire -Rescue Station #7 Modular (1893 90th
Avenue)
Introduced: 11/2/2015 Controlling Body: Board of County Commissioners
Meeting Date: 11/17/2015
Department: Emergency Services District
Drafter: bburkeen@ircgov com
Indian River County Florida
Page 1 Printed on 11/5/2015
148
INDIAN RIVER COUNTY
SOLID WASTE DISPOSAL DISTRICT
BOARD MEMORANDUM
Date: November 10, 2015
To: Joseph A. Baird, County Administrator
From: Vincent Burke, P.E., Director of Utility Service
Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District
Subject: Waste Management's Credit to Customers
DESCRIPTIONS AND CONDITIONS:
On April 21, 2015, the Solid Waste Disposal District (SWDD) Board entered into a Franchise
Agreement for the Solid Waste and Recyclables Collection Franchise Agreement between Indian
River County Solid Waste Disposal District and Waste Management Inc. of Florida (WMIF) (the
"Franchise Agreement") with a commencement date of October 1, 2015. The commencement and
the subsequent deployment by WMIF was not smooth and led to confusion and overall disruption
to the residents of Indian River County (County).
On October 20, 2015 the SWDD Board voted to approve Ammendment No. 3 to Work Order 1 to
Kessler Consulting Inc. (KCI) to among other things assist with the determination of Administratrive
Charges (AC) that would apply to WMIF.
On November 9, 2015, Tim Hawkins, Area Vice -President, and Ron Kaplan, In -House Counsel, met
with Joseph A. Baird and Dylan Reingold to discuss a potential resolution of the current issues. First,
the representatives from Waste Management Inc. of Florida acknowledged that the primary issue
is for Waste Management Inc. of Florida to provide the level of service set forth and contemplated
in the Franchise Agreement.
Additionally, WMIF offered to provide a one month credit to all residential customers of Indian River
County. We understand that WMIF bills its residential customers on a per quarter basis and thus the
credit will not be indicated until January 2016. Waste Management Inc. of Florida also offered a one
month credit to all future residential customers through the life of the Franchise Agreement. Also,
WMIF offered to provide the Indian River County Solid Waste Disposal District with a one month
credit for the month of October 2015 for residential recycling service. Finally, WMIF offered to
provide a $25,000 donation to the local chapter of the United Way as part of its efforts of
demonstrating good will in the community.
SWDD Agenda - Waste Management's Credit to Customers
Page 1 of 2 149
In exchange for these concessions, the Indian River County Solid Waste Disposal District would forgo
imposing administrative charges through October 2015. Seeking such administrative charges can
take significant staff and consultant time and could even lead to litigation between the parties.
Additionally, the Indian River County Solid Waste Disposal District offered to have a WMIF
educational video or videos shown on the Indian River County local government channel as a means
to further educate our residents on the service that is provided under the Franchise Agreement.
FUNDING:
The one month credit for new and existing residentail customers will provide a savings directly to
the customers and will not have a direct financial impact on SWDD. The one month recycling credit
will result in a reduction of expenses ($179,886) for SWDD for the current fiscal year. This credit will
result in a lower cost of service for all assessed residential property within the County as this cost
will not be passed along in future SWDD assessments.
ANALYSIS:
Staff supports waiving the administrative charges for October 2015 based on the acknowledement
by WMIF that their priority is to provide the level of service per the franchise agreement and
because their proposed offer provides a value to both the SWDD and our residents.
RECOMMENDATION:
SWDD staff recommends that the Board vote to approve forgoing the administrative charges for
October 2015 in exchange for Waste Management Inc. of Florida providing 1) the one month credit
to all current and future residential customers, 2) the Indian River County Solid Waste Disposal
District with a one month credit for the month of October 2015 for residential recycling service, and
3) a $25,000 donation to the local chapter of the United Way as part of its efforts of demonstrating
good will in the community. The Indian River County Solid Waste Disposal District recommends that
the Board authorize the Chairman of the Board, the County Administrator and the County Attorney
to execute the documents necessary to effectuate this agreement.
APPROVED FOR AGENDA:
B
Joseph
aird, County Administrator
/.S
Date
SWDD Agenda - Waste Management's Credit to Customers
Indian River Co.
Approved
Date
Administration)i)/a)
(S
Legal
1,,
11/16M
Y
Budget
15
'✓�
SWDD
Ii.t:
411;;;-u(
/.!�'
IL ► ..
SWDD -Finance
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`L. -A
Page 2 of 2
150