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HomeMy WebLinkAbout02/21/201713 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, FEBRUARY 21, 2017 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.iregov.com - COUNTY COMMISSIONERS Joseph E. Flescher, Chairman, District 2 Jason E. Brown, County Administrator Peter D. O'Bryan, Vice Chairman, District 4 Dylan Reingold, County Attorney Susan Adams, District l Jeffrey R Smith, Clerk of the Circuit Court and Comptroller Bob Solari, District 5 Tim Zorc, District 3 1. CALL TO ORDER 2. INVOCATION Stan Boling, Community Development Director 3. PLEDGE OF ALLEGIANCE Commissioner Bob Solari 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A Presentation of Proclamation Designating the Week of February 19 - 25, 2017 as Through With Chew Week 5.11 Presentation of Proclamation Designating March 2, 2017 as Read Across America Day 5.0 Presentation of Proclamation Honoring Fran O. Ross 5.1) Presentation of Proclamation Honoring Victor Hart, Sr. 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A The Florida Senate President Office - Press Release February 21, 2017 Page 1 of 4 8. CONSENT AGENDA 8.A Approval of Checks and Electronic Payments February 3, 2017 to February 9, 2017 8.13 Quarterly Tourist Development Tax Report for the Quarter Ending 12/31/16 8.0 Resolution Delegating Authority for Utilities Director to Enter Into a Memorandum of Understanding with Developers for Certain Phased Developments 8.D Fourth of July Fireworks Funding 8.E Approval of Fourth Extension to Agreement for Auction Services 8.F Review of INEOS New Planet BioEnergy LLC's Ad Valorem Tax Exemption 8.G NexusWorx - Fiber Documentation System - Pilot Project 8.H Rejection of Bid for Reinforced Concrete Wall Sawing and Duperon F1exRake Rehabilitation at PC Main Screening System and Request to Rebid 8.I Approval of Second Extension to Agreements for Custodial Service 8.J Final Release of Retainage - Donadio and Associates, Architects, P.A. Skeet and Trap Facility Improvements - Indian River County Public Shooting Range RFQ No. 2013017 8.K Award of Bid No. 2017008 IRC Shooting Range Hunter Education Classroom 8.L Resolution Authorizing Signature Authority to the Public Works Director or County Engineer for Time Extensions to Agreements with the Florida Department of Transportation (FDOT) 8.M Microsoft Enterprise Agreement Contract Renewal 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 10.C.1 Public Notice of Public Hearing Scheduled for March 7, 2017 to Consider Amending Section 312.18 (Traffic Control Devices) of Chapter 312 (Rights -Of -Way) of the Code of Indian River County to Modify Requirements Pertaining to Board Approval of Traffic Control Devices and the Traffic Control Device Ledger (Legislative) 11. COUNTY ADMINISTRATOR MATTERS 11.A Time Certain 10:00 a.m.: Executive Session 12. DEPARTMENTAL MATTERS February 21, 2017 Page 2 of 4 A. Community Development B. Emergency Services C. General Services 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget 12.E.1 2017/2018 Budget Workshop / Hearing Schedule F. Public Works 12.F.1 Award of Bid No. 2017017 Round Island Riverside Park Pavement Resurfacing G. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A Fellsmere Water Control District Interlocal Agreement for Maintaining Unpaved Roads 13.11 House Bill 17 14. COMMISSIONERS MATTERS A. Commissioner Joseph E. Flescher, Chairman 14.A.1 Naming of Gifford Park and Recreational Complex B. Commissioner Peter D. O'Bryan, Vice Chairman C. Commissioner Susan Adams D. Commissioner Bob Solari E. Commissioner Tim Zorc 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District 15.B.1 Ninth Amendment to Republic Services for Contract Renewal C. Environmental Control Board 16. ADJOURNMENT February 21, 2017 Page 3 of 4 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 Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6.00 a.m., Wednesday at 9:00 a.m. until 5. 00p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00p. m. February 21, 2017 Page 4 of 4 PROCLAMATION Ski DESIGNATING THE WEEK OF FEBRUARY 19 - 25, 2017, AS THROUGH WITH CHEW WEEK WHEREAS, the Florida Department of Health's Bureau of Tobacco Free Florida and QuitDoc Foundation are leaders in tobacco prevention and cessation efforts; and, WHEREAS, using smokeless tobacco can lead to nicotine addiction and dependence; and, WHEREAS, smokeless tobacco products like chew and dip can contain more nicotine that cigarettes; and WHEREAS, smokeless tobacco users have an 80 percent higher risk of oral cancer; and, WHEREAS, youth use of smokeless tobacco has fluctuated but has not decreased compared to a decade ago; and, WHEREAS, Indian River County's rate of youth using smokeless tobacco of 3.2% is higher than the State's smokeless use rate of 2.2; and highest youth rates are in rural areas; and, WHEREAS, once adolescents start using one tobacco product, they are more likely to experiment with others; and WHEREAS, Tobacco Free Florida's Quit Your Way can double a tobacco user's chances of successfully quitting. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the week of February 19 — 25, 2017 be recognized as Through with Chew Week in Indian River County. Adopted this 21st day of February, 2017. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER POUNTY, FLORIDA t. riescner, L r'firman hL./ ��---- Ptfer D. O'Bryan,,lice, air an Adams _S� Bob Solari ::Ti P1 THERE ARE2 8 CAUSES NICOTINE ADDICTIOf & DEPENDENCE. CAN CAUSE MOUTH SORES & TOOTH DECAY. , HIGHER RISK OF ORAL CANCER I WHITE OR GRAY PATCHES INSIDE THE MOUTH ILEUKOPLAKIA) THAT I CAN LEAD TO CANCER I GUM DISEASE WHICH CAN CAUSE TOOTH LOSS _ _ J CANCER-CAUSING CHEMICALS IN SMOKELESS TOBACCO, INCLUDING CHEW & DIP. 60% HIGHER RISK OF ESOPHAGEAL AND PANCREATIC CANCER CAN INCREASE THE RISK OF HEART DISEASE AND STROKE. TobFlor'd000 °^ HEALTH www.TFP-I ndianRiver.org PROCLAMATION 5� DESIGNATING MARCH 2, 2017 AS READ ACROSS AMERICA DAY WHEREAS, the citizens of Indian River County stand firmly committed to promoting reading as the catalyst for our students' future academic success, their preparation for America's jobs of the future, and their ability to compete in a global economy; and, WHEREAS, the Indian River County Library System has provided significant leadership in the area of community involvement in the education of our youth, grounded in the principle that educational investment is key to the community's well-being and long-term quality of life; and, WHEREAS, "National Education Association's Read Across America," a national celebration of Dr. Seuss's 113th birthday on March 2, 2017, promotes reading and adult involvement in the education of our community's students. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the Board endorses "National Education Association's Read Across America" and recommits our community to engage in programs and activities to make America's children the best readers in the world, and the Board encourages all citizens to assure every child is in a safe place reading together with a caring adult on March 2, 2017. Adopted this 21st day of February, 2017. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA (1h . Flescher, Chairman 17 JL`�) t Peer D. O'Bryan, Vi , iww San Adams f� Bob Solari Tim Zo P2 SC PROCLAMATION HONORING FRAN O. ROSS WHEREAS, Fran O. Ross, the daughter of Mrs. Johnnie Clyde Ross and the late J.A. "Red" Ross, is a native of Gifford, Florida, where she attended Gifford Elementary, Gifford High School, and Vero Beach High School; and WHEREAS, Fran O. Ross, earned her Associates of Arts Degree from Indian River Community College, going on to attend Florida Atlantic University where she earned her degree and taught school in Indian River County until she pursued her lifelong dream of becoming an attorney by enrolling in and graduating with her Juns Doctor degree from Southern University School of Law in Baton Rouge, Louisiana; and WHEREAS, Fran O. Ross, a distinguished member of the Florida Bar and Florida Association of Criminal Defense Attorneys, worked with the Public Defender's Office, trying well over 200 cases in her career as a Public Defender, before embarking on a prestigious career as a private criminal defense attorney; and WHEREAS, Fran O. Ross is a member of the St. Paul A.M.E. Church and is a life member of the National Association for the Advancement of Colored People (NAACP); and WHEREAS, throughout her career, Fran O. Ross has been a pioneer by becoming the first African American, Female Radio Dispatcher for the Indian River County Sheriff's Department and Correctional Officer for Indian River Correctional Institution, as well as the first African American Female elected to the Indian River Memorial Hospital Board of Trustees, and the first African American Female attorney in Indian River County; and WHEREAS, Fran O. Ross currently serves as a Special Master presiding over Code Enforcement matters for the City of Fort Pierce and the City of Port St. Lucie; and WHEREAS, Fran O. Ross is the proud mother of Israel and Noah, and the proud grandmother to three wonderful grandchildren. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that this Proclamation recognizes the pioneer spirit and civic contributions made to the Treasure Coast by Fran O. Ross. Duly adopted this 21St day of February, 2017. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Peter D. O'Bryan, Vice Chairman Susan Adams Bob Solari Tim Zorc P3 PROCLAMATION ED HONORING VICTOR HART, SR. WHEREAS, Victor Hart, Sr., known to many as "Chief', was bom and raised in the Bahamas, immigrating to the United States at the age of 21 under a labor agreement between both governments; and WHEREAS, Victor Hart, Sr., brought up with a sense of integrity and high moral principle, inherited the innate ability to organize people for action, becoming a visionary and social activist/leader; and WHEREAS, Victor Hart, Sr., recognized social injustices in the Gifford Community and, in 1953, in collaboration with other Gifford citizens organized and founded the Gifford Progressive Civic League, whose mission addressed the inadequate provision of social services and infrastructure such as roads, water and sewage, and street lights; and WHEREAS, Victor Hart, Sr., met with leaders of the National Association for the Advancement of Colored People (NAACP) in 1953, and subsequently founded the Indian River County Branch to further the social justice for the Gifford Community and Indian River County; and WHEREAS, Victor Hart, Sr., became an American citizen in April, 1961, starting his nearly 46 year presidency of the Indian River Branch of the National Association for the Advancement of Colored People, where he earned the organization's highest leadership award, the T. H. Poole, Sr. Service Award in June, 1996; and WHEREAS, Victor Hart, Sr., joined the brotherhood of the Gifford Masonic Lodge #347 in 1953 and served as Worshipful Master for more than 40 years until his retirement in 2007; and WHEREAS, Victor Hart, Sr. dedicated more than 55 years of his life to causes to better humanity, through his faith and determination to ensure equal justice for all people, and as witnessed in his selfless service on numerous boards from Gifford, Florida, to Washington, D.C., including service as Chairman of the Gifford Health Center, as a member of the Board of Directors for the Gifford Youth Activity Center and Florida Partnership for End of Life Care, as a member of the Juvenile Justice Council, the Economic Development Council, the Primary Care Public Health Committee, and the Community Development Block Grant Citizen Advisory Task Force; and WHEREAS, Victor Hart, Sr., facilitated the opening of over a dozen facilities across the State of Florida through his service on the Board of Directors of the Florida Community Health Center, providing low-income and disadvantaged citizens with health care services; and WHEREAS, Victor Hart, Sr., a long-time member of the Friendship Missionary Baptist Church, continues to serve his community as .Deacon; and WHEREAS, Victor Hart, Sr., is the proud father of 11 children, 37 grandchildren, 20 great-grandchildren, and four great -great grandchildren which were the product of his marriage of nearly 40 years with Valareese Young Hart. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that this Proclamation recognizes the extensive humanitarian and civic contributions made to the community and the country by Victor Hart, Sr. Duly adopted this 215' day of February, 2017. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Peter D. O'Bryan, Vice Chairman Susan Adams Bob Solari Tim Zorc P4 Office of the I INDIAN RIVER COUNTY * 0 ADMINISTRATOR Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator rN DATE: February 16, 2017 SUBJECT: The Florida Senate President Office — Press Release On February 15`x', President Negron Announced Appointments to Florida's Constitution Revision Commission. The 37 member commission is established every 20 years to propose amendments to the state constitution for voter consideration. Commissioner Bob Solari is one of the nine people appointed by President Negron to serve on this commission. Attached is the Press Release issued by President Negron's office. Attachment: Press Release 2/16/2017 The Florida Senate Press Release - The Florida Senate President Office — Press Release FOR IMMEDIATE RELEASE February 15, 2017 CONTACT: Katie Betta(mailto:Betta.Katherine@FLSenate.gov) , (850) 487-5229 PRESIDENT NEGRON ANNOUNCES APPOINTMENTS TO FLORIDA'S CONSTITUTION REVISION COMMISSION Nine Senate appointees represent diverse cross-section of Florida Tallahassee — Florida Senate President Joe Negron (R -Stuart) today appointed nine members of Florida's Constitution Revision Commission (CRC). Pursuant to Article XI, Section 2 of Florida's Constitution, the 37 -member commission is established every 20 years to propose amendments to the state constitution for voter consideration. "I am very grateful to the many talented Floridians who applied to serve as Senate appointees to the CRC. Florida is fortunate to have so many private citizens willing to take time away from their families and careers to serve the public in this important capacity," said President Negron. "My goal in selecting the nine Senate appointees was to choose individuals who represent a diverse cross-section of our state in terms of their personal, professional, and political life experiences. The most serious and important issue for me, and a common thread among our Senate appointees, is a fervent commitment to individual liberty and personal freedom guaranteed by our state and federal constitutions. The Senate appointees are all women and men of good judgment." The Constitution Revision Commission meets for approximately one year. Commissioners travel the state to receive public testimony, identify issues, perform research, and recommend ballot language to the Secretary of State. Fifteen members are appointed by the Governor, nine by the Senate President, nine by the Speaker of the House, and three by the Chief justice of the Florida Supreme Court. The Attorney General also serves on the commission. "These nine individuals each possess a tireless work ethic and zeal for public service that has propelled them to the highest levels of success in the private sector, as well as state and local elected office," continued President Negron. "Another common trait is dedication to young people. The appointees are strong advocates for school choice opportunities that celebrate the power of the parents to determine what form of education is best for their child. They are also active in community -led programs that support vulnerable and at -risk children on their path to adulthood. These affiliations and convictions demonstrate to me that these nine individuals are committed to confining government to its proper, limited role. I am also confident they will ardently safeguard the supremacy of the individual." Don Gaetz httpsJAvww.fisenate.gov/Media/PressReleases/Show/2642 1/4 P6 2/1612017 Press Release - The Florida Senate For more than 30 years, former Senate President Gaetz dedicated his life to expanding Floridians' access to quality health care services as a hospital administrator and co-founder of a successful hospice care business. After tremendous success in the private sector, he devoted his talents and time to public service. As a school board member and later as superintendent, he led Okaloosa County to become the highest performing public school system in Florida, winning numerous national awards for academic excellence. President Gaetz has an undergraduate degree from Concordia College and a Master's Degree in Public Administration from Troy State University. Known for a relentless commitment to reform, and the ability to collaborate across party lines, in 2012 he was unanimously elected by his colleagues to serve a two-year term as President of the Florida Senate. President Gaetz used his time leading the Senate to champion expanding economic opportunities through education, increasing government accountability through major ethics reforms, and making Florida the most military and veteran -friendly state in the nation. Anna Marie Hernandez Gamez Ms. Hernandez Gamez focuses her Miami -based law practice on complex real estate and commercial litigation. The daughter of Cuban immigrants, Ms. Hernandez Gamez is the past president of the Cuban American Bar Association (CABA). Her work at CABA has focused on its core missions of increasing diversity in the judiciary and legal community, fostering respect for the law, and providing equal access to and adequate representation of all minorities before the courts. In addition to her legal practice, Ms. Hernandez Gamez has been an active supporter of several charitable organizations in the Miami area and served as a Take Stock in Children mentor. Ms. Hernandez Gamez earned her undergraduate degree in History and Political Science from Florida International University and a juris doctor with honors from University of Miami School of Law. Patricia Levesque As chief executive officer of the Foundation for Excellence in Education (ExcelinEd) and executive director of the Foundation for Florida's Future, Ms. Levesque has worked with federal and state leaders, teachers, parents, and students to advance education systems that maximize every student's potential for learning. Prior to her education non-profit work, Ms. Levesque served as deputy chief of staff to Governor Jeb Bush. In that capacity she oversaw state agencies responsible for education, general government services, business and professional regulation, elder affairs, veterans affairs, workforce, lottery, and juvenile justice. She also served as staff in the Florida Legislature for six years, working in the Office of the Speaker and as staff director over education policy. Ms. Levesque was a member of the Taxation and Budget Reform Commission in 2007-08. Sherry Plymale Ms. Plymale has served as chair of the State Board of Community Colleges, as chief of staff to Commissioner Frank Brogan in the Florida of the Department of Education, as a trustee of Florida Atlantic University and St. Leo University, and as a board member of the Martin County School https:/Awww.flsenate.gov/Media'PressReleases/Show/2642 2/4 P7 2/16/2017 Press Release - The Florida Senate Readiness Coalition. She has also served as the chair of the Florida Atlantic University Board of Trustees. Ms. Plymale has dedicated much of her time to work with the YMCA, the Children's Home Society of Florida, and the Healthy Kids Corporation. She is also a member of the Florida Atlantic University Harbor Branch Oceanographic Institute. Ms. Plymale earned an undergraduate degree from St. Leo University. William "Bill" Schifino, Jr. Mr. Schifino currently serves as president of The Florida Bar for the 2016-2017 term, and previously served as president of the Hillsborough County Bar Association. In addition, Mr. Schifino recently concluded eight years of service as a member of the Thirteenth Judicial Circuit Judicial Nominating Commission, serving as its chair. Both Governors Jeb Bush and Charlie Crist appointed him to this critical position. Mr. Schifino has also dedicated significant time to the Florida Guardian ad Litem Association, Big Brothers/Big Sisters of Greater Tampa, Boys & Girls Club of Tampa Bay, Inc., and the Tampa Bay Little League, Inc. He earned his undergraduate degree from Tulane University and his law degree from the University of Florida College of Law, where he serves on the Board of Trustees of the OF Law Center Association. Mr. Schifino is board certified in the area of business litigation. Chris Smith Former Senator Smith has been an active member of the Ft. Lauderdale community throughout his legal career. He served as president of the Fort Lauderdale Branch of the National Association for the Advancement of Colored People (NAACP) Youth Council and was later appointed to the City of Fort Lauderdale's Planning and Zoning Board, where he served as the youngest member. Senator Smith went on to serve nearly two decades in the Florida Legislature while maintaining a private law practice in South Florida. He served as the Democratic Leader in both the House and the Senate during the same time periods that President Negron served as the Appropriations Chair in the House and Senate. Senator Smith earned his undergraduate degree from Johnson C. Smith University (JCSU) in Charlotte, North Carolina, and his law degree from Florida State University College of Law. Bob Solari After a successful private sector career in citrus, real estate, and financial planning, Commissioner Solari turned to serve his community of more than 35 years. As a former City of Vero Beach Council member and now Indian River County Commissioner, he has been a strong advocate for Indian River County taxpayers and a zealous defender of individual rights. Commissioner Solari is a graduate of the University of Denver and Fordham University School of Law. He also earned a Master's Degree in Business Administration from the University of North Carolina at Chapel Hill. httpsJAvww.flsenate.gov/M edia/PressReleases/Show/2642 3/4 P8 2/16/2017 Press Release - The Florida Senate Jacqui Thurlow-Lippisch A former teacher with years of classroom experience instructing middle and high school students, Ms. Thurlow-Lippisch most recently served as a city commissioner and as mayor for the town of Sewall's Point. Her time on the Commission included appointments to various state and local boards that focused on environmental issues facing her area. Ms. Thurlow-Lippisch has dedicated considerable time to informing the residents of Florida about environmental damage to the St. Lucie River and Indian River Lagoon. Her service on several local boards and her support of organizations like River Kidz has helped promote efforts to find solutions to the damaging discharges from Lake Okeechobee. She is a graduate of the University of Florida and earned her Master's Degree in Education from the University of West Florida. Carolyn Timmann Clerk Timmann is the Clerk of the Circuit Court and Comptroller of Martin County. She has served the State of Florida in each branch of government. Clerk Timmann served in the Legislative Branch as a legislative assistant to State Representative Tom Warner and later in the Executive Branch as executive deputy chief of staff to the Governor, overseeing military and veterans' affairs, gubernatorial councils and commissions, and statewide consumer and technology projects. She served as a division director in the Executive Office of the Governor, managing public records and projects to provide statewide electronic information. Clerk Timmann also served in the Judicial Branch as a judicial assistant in the Nineteenth Circuit and Special Assistant to Florida's Solicitor General. In addition to her duties with the court, Clerk Timmann serves on the Board of Directors of Helping People Succeed and is a member of the Salvation Army Women's Auxiliary. She also assists other organizations such as the Elliott Museum and the Florida Coalition Against Domestic Violence. She attended the University of Georgia, Indian River State College, and Florida State University, earning both Associate and Bachelor Degrees. Disclaimer- The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright 0 2000- 2017 State of Flonda. httpsJAvww.flsenate.gov/MedialPressReleases/Sho%v/2642 4/4 P9 JEFFREY R. SMITH, .Clerk of Circuit Court & Comptroller Finance Department 1801 27" Street Vero Beach,. FL 32960 CPA, CGFO, CGMA TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: February 9, 2017 a �oraPTR �.- 4�� 0<<`� J Q� SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS February 3, 2017 to February 9, 2017 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 February 3, 2017 to February 9, 2017. Attachment: P10 4 CHECKS WRITTEN TRANS NBR ..DATE 'VENDOR AMOUNT 349440 02/09/2017 PORT CONSOLIDATED INC 51,748:49 349441 02/09/2017 JORDAN MOWER INC 21.92 349442 02/09/2017 RANGER CONSTRUCTION IND INC. 1,343.68 349443 02/09/2017 VERO CHEMICAL DISTRIBUTORS INC 59.60 349444 02/09/2017 RICOH USA INC 12.74 349445 02/09/2017 VELDE FORD INC 97.21 349446 02/09/2017 SAFETY PRODUCTS INC 178.44 349447 02/09/2017 SAFETY PRODUCTS INC 619.40 349448 02/09/2017 AT&T WIRELESS 412.26 349449 02/09/2017 DATA FLOW SYSTEMS INC 727.63 349450 02/09/2017 LINDEN-BEALS CORP 131.41 349451 02/09/2017 E -Z BREW COFFEE & BOTTLE WATER SVC 21.46 349452 02/09/2017 GENES AUTO GLASS INC 220.00 349453 02/09/2017 SAFETY KLEEN SYSTEMS INC 366AI 349454 02/09/2017 GRAYBAR ELECTRIC 960.26 349455 02/09/2017 HACH CO 220.73 349456 02/09/2017 CLIFF BERRY INC 157.50 349457 02/09/2017 PARKSON CORPORATION 93,729.60 349458 02/09/2017 KSM ENGINEERING & TESTING INC 929.00 349459 02/09/2017 HD SUPPLY WATERWORKS, LTD 8,384.28 349460 02/09/2017 SCHULKE BITTLE & STODDARD LLC 10,238.36 349461 02/09/2017 PETES CONCRETE 1,400.00 349462 02/09/2017 TIRESOLES OF BROWARD INC 285.00' 349463 02/09/2017 BARTH CONSTRUCTION INC 17,578.00 349464 02/09/2017 ARMFIELD WAGNER APPRAISALAND RESEARCH INC 800.00 349465 02/09/2017 DELL MARKETING LP 37,379.09 349466 02/09/2017 MYRON L COMPANY 378.25 349467 02/09/2017 XEROX CORP SUPPLIES 233.46 349468 02/09/2017 THE GOODYEAR TIRE & RUBBER COMPANY 9,679.64 349469 02/09/2017 BLAKESLEE SERVICES INC 130.00 349470 02/09/2017 BAKER & TAYLOR INC 1,726.19 349471 02/09/2017 MIDWEST TAPE LLC 1,069.24 349472 02/09/2017 NORTHERN SAFETY CO INC 682.06 349473 02/09/2017 K & M ELECTRIC SUPPLY 42.13 349474 02/09/2017 PALM TRUCK CENTERS INC 29,129.84 349475 02/09/2017 PING INC 62.62 349476 02/09/2017 PARKS AND SON INC 1,418.00 349477 02/09/2017 CLERK OF CIRCUIT COURT 413.59 349478 02/09/2017 CLERK OF CIRCUIT COURT 2,291.75 349479 02/09/2017 CITY OF VERO BEACH 60,145.54 349480 02/09/2017 CITY OF VERO BEACH 1,970.28 349481 02/09/2017 CHAPTER I3 TRUSTEE 201.08 349482 02/09/2017 COMPBENEFITS COMPANY 126.00 349483 02/09/2017 COLONIAL LIFE & ACCIDENT INS CO 21.24 349484 02/09/2017 UNITED PARCEL SERVICE INC 32.26 349485 02%09/2017 FERGUSON ENTERPRISES INC 6,296.70 349486 02/09/2017 LIVINGSTON PAGE 108.00 349487 02/09/2017 FLORIDA DEPT OF AGRICULTURE AND 1,902.00 349488 02/09/2017 FLORIDA WATER & POLLUTION CONTROL 255.00 349489 02/09/2017 GEOSYNTEC CONSULTANTS INC 1,722.16 349490 02/09/2017 ST JOHNS RIVER WATER MGMT DISTRICT 490.00 349491 02/09/2017 FEDERAL EXPRESS CORP 10.33 349492 02/09/2017 FEDERAL EXPRESS CORP 61.83 349493 02/09/2017 TRAFFIC PARTS INC 6,107.00 349494 02/09/2017 CALLAWAY GOLF SALES COMPANY 3,213.84 349495 02/09/2017 FLORIDA POWER AND LIGHT 5,487.02 349496 02/09/2017 FLORIDA POWER AND LIGHT 1,087.31 349497 02/09/2017 PUBLIC DEFENDER 3,683.47 P11 TRANS NBR DATE VENDOR AMOUNT 349498 02/09/2017 FLORIDA BLUE 1,086.76 349499 02/09/2017 TAYLOR MADE GOLF CO INC 1,222.64 349500 02/09/2017 PEACEAWER ELECTRIC COOP INC 229.35 349501 02/09/2017 SUNSHINE STATE ONE CALL OF FL INC 1,067.30 349502 02/09/2017 STRUNK FUNERAL HOMES & CREMATORY 425.00 349503 02/09/2017 MEDICARE PART B FINANCIAL. SERVICES 1,463.36 349504 02/09/2017 JASON E BROWN 290.40 349505 02/09/2017 ETTA LOPRESTI 241.89 349506 02/09/2017 AARP INSURANCE 89.97 349507 02/09/2017 GERALD AYOUNG SR 15.00 349508 02/09/2017 GREY HOUSE PUBLISHING 94.50 349509 02/09/2017 HENRY SMITH 180.00 349510 02/09/2017 G K ENVIRONMENTAL INC 360.00 349511 02/09/2017 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 81.25 349512 02/09/2017 HUMANA 1,601.45 349513 02/09/2017 DEPARTMENT OF HEALTH AND HUMAN SERVICES 150.00 349514 02/09/2017 FLORIDAASSOC OF CODE ENFORCEMENT 35.00 349515 02/09/2017 CURLEY HEATING & A/C 3,800.00 349516 02/09/2017 RUSSELL PAYNE INC 996.24 349517 02/09/2017 TRANE US INC 7,507.00 349518 02/09/2017 CELICO PARTNERSHIP 1,051.97 349519 02/09/2017 ANIXTER INC 208.50 349520 02/09/2017 BOYLE & DRAKE INC 2,750.00 349521 02/09/2017 CINTAS CORPORATION NO 2 232.15 349522 02/09/2017 JEANETTA MARSHALL 50.00 349523 02/09/2017 VAN WAL INC 40.00 349524 02/09/2017 DASIE BRIDGEWATER HOPE CENTER INC 13,044.69 349525 02/09/2017 FLORIDA RURAL LEGAL SERVICES INC 2,405.49 349526 02/09/2017 FAIRFIELD INN 117.00 349527 02/09/2017 FAIRFIELD INN 117.00 349528 02/09/2017 PARGAS 422.75 349529 02/09/2017 OCLC ONLINE COMPUTER LIBRARY CENTER 421.89 349530 02/09/2017 CENTRAL PUMP & SUPPLY INC 65.50 349531 02/09/2017 BEMIS, SHEILAM 200.00 349532 02/09/2017 MASTELLER & MOLER INC 6,872.00 349533 02/09/2017 STAPLES CONTRACT & COMMERCIAL INC 275.99 349534 02/09/2017 GLOVER OIL COMPANY INC 1,092.32 349535 02/09/2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 262.90 349536 02/09/2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 266.47 349537 02/09/2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT' 148.68 349538 02/09/2017 GARY.L EMBREY 108.00 349539 02/09/2017 SHAWANGUNK NATURE PRESERVE 100.00 349540 02/09/2017 RONALD D JACOBS 79.64 349541 02/09/2017 LARRY STEPHENS 94.00 349542 02/09/2017 ARDAMAN & ASSOCIATES INC 10,220.00 349543 02/09/2017 ORCHID ISLAND PROPERTY MGMT H INC 1,650.00 349544 02/09/2017 1 ST FIRE & SECURITY INC 1,164.77 349545 02/09/2017 PETER OBRYAN 15.53 349546 02/09/2017 PAK MAIL 151.10 349547 02/09/2017 JOHNNY B SMITH 200.00 349548 02/09/2017 MUNICIPAL WATER WORKS INC 1,461.48 349549 02/09/2017 MOORE MEDICAL LLC 924.68 '349550 02/09/2017 GLOBALSTAR USA 146.43 349551 02/09/2017 CHARLES A WALKER 20.00 349552 02/09/2017 CHARLOTTE FANNIN 989.84 349553 02/09/2017 GUARDIAN COMMUNITY RESOURCE.MANAGEMENT 1,000.00 349554 02/09/2017 EGERMIER, BARBARA & PAUL -J 477.01 349555 02/09/2017 WILLIAM M HASENAUER 69.97 349556 02/09/2017 ROBERT SHREFFLER 24.04 349557 02/09/2017 K'S COMMERCIAL CLEANING 16,954.08 P12 TRANS NBR DATE VENDOR AMOUNT 349558 02/09/2017 NICOLACE MARKETING INC 100.00 349559 02/09/2017 TERESAPULIDO 240.00 349560 02/09/2017 WINSUPPLY OF VERO BEACH 1,091.74 349561 02/09/2017 WELLCARE HEALTH PLAN 116.57 349562 02/09/2017 FLORIDA MEDICAID 453.42 349563 02/09/2017 LARIAT ENTERPRISES INC 1,203.00 349564 02/09/2017 VERA SMITH 126.00 349565 02/09/2017 GARRETT SMITH 108.00 349566 02/09/2017 KNAPHEIDE TRUCK EQUIPMENT SOUTHEAST 123.95 349567 02/09/2017 HELPING ANIMALS LIVE -OVERCOME 42.00 349568 02/09/2017 BRENNTAG MID -SOUTH INC 6,872.41 349569 02/09/2017 CTVILSURV DESIGN GROUP INC 1,461.00 349570 02/09/2017 SCHLM BROTHERS INC 22,500.00 349571 02/09/2017 WOERNER DEVELOPMENT INC 291.50 349572 02/09/2017 GHO HOMES CORPORATION 43,391.51 349573 02/09/2017 ATLANTIC COASTAL LAND TITLE CO LLC 75.00 349574 02/09/2017 ECMC 254.59 349575 02/09/2017 TREKKER TRACTOR LLC 418.03 349576 02/09/2017 OVERDRIVE INC 699.99 349577 02/09/2017 GFA INTERNATIONAL INC 19,908.00 349578 02/09/2017 MOORE MOTORS INC 279.95 349579 02/09/2017 KEITH MCCULLY 98.75 349580 02/09/2017 LOWES HOME CENTERS INC 1,970.30 349581 02/09/2017 CB&I COASTAL PLANNING & ENGINEERING INC 13;060.44 349582 02/09/2017 CARDINAL HEALTH 110 INC 139.38 349583 02/09/2017 PPG ARCHITECTURAL FINISHES INC 5,727.60 349584 02/09/2017 STEVEN G HANSEN 150.00 349585 02/09/2017 BURNETT LIME CO INC 9,634.80 349586 02/09/2017 MICHAEL MASSARO 46.97 349587 02/09/2017 PENGUIN RANDOM HOUSE LLC 527.70 349588 02/09/2017 CARMEN LEWIS 144.00 349589 02/09/2017 SCADA SOLUTIONS LLC 1,300.00 349590 02/09/2017 SOUTHERN MANAGEMENT LLC 8,000.00 349591 02/09/2017 C E R SIGNATURE CLEANING 850.00 349592 02/09/2017 DEBORAH CUEVAS 126.00 349593 02/09/2017 WADE WILSON 20.00 349594 02/09/2017 FAMILY SUPPORT REGISTRY 156.45 349595 02/09/2017 BERNARD EGAN & COMPANY 9,538.55 349596 02/09/2017 AMERITAS 26,731.64 349597 02/09/2017 MASCHMEYER CONCRETE COMPANY OF FLORIDA 210.00 349598 02/09/2017 RELIANT FIRE SYSTEMS INC 102.30 349599 02/09/2017 HERBERT KIPNIS 186.11 349600 02/09/2017 HAWKINS INC 1,160.00 349601 02/09/2017 PRESTIGE HEALTH CHOICE 286.70 349602 02/09/2017 ENCORE ONE LLC 2,271.86 349603 02/09/2017 MOLINA HEALTHCARE MEDICAID 224.87 349604 02/09/2017 CATHEDRAL CORPORATION 2,923.23 349605 02/09/2017 UNIFIRST CORPORATION 1,371.16 349606 02/09/2017 TAMI GAY 250.00 349607 02/09/2017 LEAGUE OF AMERICAN WHEELMEN INC 40.00 349608 02/09/2017 SUNSHINE HEALTH PLAN MEDICAID 91.27 349609 02/09/2017 SCHUMACHER AUTOMOTIVE DELRAY LLC 1,592.75 349610 02/09/2017 DEBORAHANOVACK 210.00 349611 02/09/2017 ADVANCE STORES COMPANY INCORPORATED 389.83 349612 02/09/2017 PATRIOT PRODUCTIONS LLC 250.00 349613 02/09/2017 EGP DOCUMENT SOLUTIONS LLC 1,363.07 349614 02/09/2017 NORTH AMERICAN OFFICE SOLUTIONS INC 25.00 349615 02/09/2017 RUSSELL L OWEN III 20.00 349616 02/09/2017 JOSEPHXEATING 103.39 349617 02/09/2017 E & D CONTRACTING SERVICES INC 153,102.52 P13 4 P14 TRANS NBR DATE VENDOR AMOUNT 349618 02/09/2017 LBS POWER TECHNOLOGIES INC 9,860.00 349619 02/09/2017 HARN R/O SYSTEMS INC 76,932.90 349620 02/09/2017 NWI RECYCLING INC 5,982.40 349621 02/09/2017 AVMJ YORK LLC 500.00 349622 02/09/201.7 ALL WEBBS ENTERPRISES INC 30,681.00 349623 02/09/2017 GHYSLAINE G BOUYSSOU 96.16 349624 02/09/2017 BLACKSIDE TACTICAL INC 2,161.60 349625 02/09/2017 ASPHALT PAVING SYSTEMS INC 48,628.79 349626 02/09/2017 JONATHAN DALESSIO 16.00 349627 02/09/2017 MATHESON TRI -GAS INC 3,849.30 349628 02/09%2017 PEOPLE READY INC 10,950.16 349629 02/09/2017 KEITH ADAMS 126.00 349630 02/09/2017 THOMAS J WHALEN 2,748.00 349631 02/09/2017 TREASURE COAST COLLECTIBLES LLC 45.00 349632 02/09/2017 COLE AUTO SUPPLY INC 307.87 349633 02/09/2017 INNOVATIVE CONCEPTS LLC 427.84 349634 02/09/2017 WILLIE BURDEN 40.00 349635 02/09/2017 MARGARET SMITH 76.89 349636 02/09/2017 DOROTHY J WALKER 77.47 349637 02/09/2017 MICHAEL D STAFFORD 48.94 349638 02/09/2017 DOUGLAS SHEARER 41.29 349639 02/09/2017 EDWIN REYNALDS III 172.21 349640 02/09/2017 RUSSELN SANDS 175.00 349641 02/09/2017 PAULINE QUIGLEY 76.46 349642 02/09/2017 ROBERT K MC GARRAH 19.47 349643 02/09/2017 MARION E MORSE 97.64 349644 02/09/2017 CASSANDRA HENDLEY 150.00 349645 02/09/2017 AAC COMMERCIAL BUILDING CORP 9.05 349646 02/09/2017 INSITUFORM TECHNOLOGIES LLC 603.36 349647 02/09/2017 CHERYL LEISURE 84.56 349648 02/09/2017 WAYNE HA13EGGER 457.60 349649 02/09/2017 THEODORA EATON 100.00 349650 02/09/2017 ALBERT F BARBIERI 463.68 349651 02/09/2017 ETHEL W ANDERSON 79.06 349652 02/09/2017 GEORGE F ALVERSON 91.99 349653 02/09/2017 DARREN WARMOUTH 20.00 349654 02/09/2017 MARISAALEXANDER 150.00 349655 02/09/2017 UTILREFUNDS 66.50 349656 02/09/2017 UTILREFUNDS 62.17 349657 02/09/2017 UTILREFUNDS 7.43 349658 02/09/2017 UTIL REFUNDS 19.88 349659 02/09/2017 UTILREFUNDS 31.65 349660 02/09/2017 UTILREFUNDS 25.67 349661 02/09/2017 UTILREFUNDS 78.48 349662 02/09/2017 UTILREFUNDS 19.89 349663 02/09/2017 UTILREFUNDS 49.52 349664 02/09/2017 UTILREFUNDS 46.99 349665 02/09/20I7 UTILREFUNDS 49.42 349666 02/09/2017 UTILREFUNDS 60.96 349667 02/09/2017 UTILREFUNDS 327.76 349668 02/09/2017 UTILREFUNDS 331.30 349669 02/09/2017 UTII, REFUNDS 72.97 349670 02/09/2017 UTILREFUNDS 43.97 349671 02/09/2017 UTILREFUNDS 3.38 349672 02/09/2017 UTILREFUNDS 110.47 349673 02/09/2017 UTILREFUNDS 32.20 349674 02/09/2017 UTILREFUNDS 12.07 349675 02/09/2017 UTILREFUNDS 71.76 349676 02/09/2017 UTILREFUNDS 13.90 349677 02/09/2017 UTILREFUNDS 81.64 4 P14 TRANS NBR DATE VENDOR AMOUNT 349678 02/09/2017 UTILREFUNDS 10.32 349679 02/09/2017 UTILREFUNDS 55.26 349680 02/09/2017 U7M REFUNDS 30.98 349681 02/09/2017 UTILREFUNDS 278.35 349682 02/09/2017 UTILREFUNDS 22.00 349683 02/09/2017 UTILREFUNDS 48.75 349684 02/09/2017 UTILREFUNDS 31.22 349685 02/09/2017 UTILREFUNDS 58.91 349686 02/09/2017 UTILREFUNDS 27.66 349687 02/09/2017 UTILREFUNDS 16.40 349688 02/09/2017 UTILREFUNDS 3639 349689 02/09/2017 UTILREFUNDS 29.80 349690 02/09/2017 UTILREFUNDS 28.56 349691 02/09/2017 UMREFUNDS 82.50 349692 02/09/2017 UTILREFUNDS 49.87 349693 02/09/2017 UTILREFUNDS 5.89 349694 02/09/2017 UTILREFUNDS 44.88 349695 02/09/2017 UTILREFUNDS 10.29 349696 02/09/2017 UTILREFUNDS 44.38 349697 02/09/2017 UTILREFUNDS 33.92 349698 02/09/2017 UTILREFUNDS, 78.32 349699 02/09/2017 UTILREFUNDS 85.42 349700 02/09/2017 UTILREFUNDS 26.61 349701 02/09/2017 UTILREFUNDS 31.79 349702 02/09/2017 UTILREFUNDS 10.24 349703 02/09/2017 UTILREFUNDS 21.54 349704 02/09/2017 UTILREFUNDS 10.31 349705 02/09/2017 UTILREFUNDS 30.11 349706 02/09/2017 UTIL REFUNDS 54.26 349707 02/09/2017 UTIL REFUNDS 45.07 349708 02/09/2017 UTII., REFUNDS 22.87 349709 02/09/2017 U M REFUNDS 27A8 349710 02/09/2017 UTILREFUNDS 43.34 349711 02/09/2017 UTILREFUNDS 57.28 349712 02/09/2017 UTILREFUNDS 14.04 349713 02/09/2017 UTILREFUNDS 40.95 349714 02/09/2017 UTILREFUNDS, 34.10 349715 02/09/2017 UTILREFUNDS 64.44 349716 02/09/2017 UTILREFUNDS 92.53 349717 02/09/2017 UTILREFUNDS 32.21 349718 02/09/2017 UTILREFUNDS 41.07 349719 02/09/2017 UTILREFUNDS 36.09 349720 02/09/2017 UTILREFUNDS 60.64 349721 02/09/2017 UTILREFUNDS 34.24 349722 02/09/2017 UTILREFUNDS 166.63 349723 02/09/2017 UTILREFUNDS 54.27 349724 02/09/2017 UTILREFUNDS 21.38 349725 02/09/2017 UTILREFUNDS 86.38 349726 02/09/2017 UTILREFUNDS 100.00 349727 02/09/2017 UTILREFUNDS 73.12 349728 02/09/2017 UTIL REFUNDS 39.34 349729 02/09/2017 UTIL REFUNDS 29.40 349730 02/09/2017 UTIL REFUNDS 72.44 349731 02/09/2017 UTIL REFUNDS 63.74 349732 02/09/2017 UTILREFUNDS 16.08 349733 02/09/2017 UTILREFUNDS 83.41 349734 02/09/2017 UTILREFUNDS 71.97 349735 02/09/2017 UTILREFUNDS 42.88 349736 02/09/2017 UTILREFUNDS 9.60 349737 02/09/2017 UTILREFUNDS 89.37 P15 TRANS NBR DATE VENDOR AMOUNT 349738 02/09/2017 UTIL REFUNDS 16.37 349739 02/09/2017 UTIL REFUNDS 53.48 349740 02/09/2017 UTIL REFUNDS 44.80 349741 02/09/2017 UTIL REFUNDS 42.74 349742 02/09/2017 LITIL REFUNDS 147.56 349743 02/09/2017 UTIL REFUNDS 42.88 349744 02/09/2017 UTIL REFUNDS 11.98 349745 02/09/2017 UTIL REFUNDS 34.10 349746 02/09/2017 UTIL REFUNDS 58.21 349747 02/09/2017 UTiL REFUNDS 37.20 349748 02/09/2017 UTILREFUNDS 30.96 349749 02/09/2017 UTIL REFUND S 43.15 349750 02/09/2017 UTIL REFUNDS 24.35 349751 02/09/2017 UTIL REFUNDS 50.81 349752 02/09/2017 UTIL REFUNDS 87.80 349753 02/09/2017 UTIL REFUNDS 14.03 Grand Total: 1,000,855.86 6 P16 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1010651 02/03/2017 ADRON FENCE COMPANY INC 1,098.00 1010652 02/03/2017 EVERGLADES FARM EQUIPMENT CO INC 98.58 1010653 02/03/2017 PARKS RENTAL & SALES INC 1,570.08 1010654 02/03/2017 SSES INC 834.16 1010655 02/03/2017 NORTH SOUTH SUPPLY INC 74.66 1010656 02/03/2017 COLD AIR DISTRIBUTORS WAREHOUSE 96.01 1010657 02/03/2017 INDIAN RIVER BATTERY 589.85 1010658 02/03/2017 INDIAN RIVER OXYGEN INC 251.50 1010659 02/03/2017 MIKES GARAGE & WRECKER SERVICE INC 105.00 1010660 02/03/2017 APPLE INDUSTRIAL SUPPLY CO 489.23 1010661 02/03/2017 ALLIED UNIVERSAL CORP 7,542.90 1010662 02/03/2017 GROVE WELDERS INC 273.03 1010663 02/03/2017 SOUTHERN COMPUTER WAREHOUSE 93.20 1010664 02/03/2017 HD SUPPLY FACMITIES MAINTENANCE LTD 78.84 1010665 02/03/2017 COMO OIL COMPANY OF FLORIDA 182.16 1010666 02/03/2017 PRIDE ENTERPRISES 220.54 1010667 02/03/2017 COMPLETE ELECTRIC INC 1,750.00 1010668 02/03/2017 CAPITAL OFFICE PRODUCTS 50.38 1010669 02/03/2017 BENNETT AUTO SUPPLY INC 142.23 1010670 02/03/2017 L&L DISTRIBUTORS 53.90 1010671 02/03/2017 HYDRA SERVICE (S) INC 2,879.34 1010672 02/03/2017 HORIZON DISTRIBUTORS INC 178.00 1010673 02/03/2017 PACE ANALYTICAL SERVICES INC 108.00 1010674 02/03/2017 NEXAIR LLC 22.16 1010675 02/08/2017 EVERGLADES FARM EQUIPMENT CO INC 1,159.40 1010676 02/08/2017 PARKS RENTAL & SALES INC 952.25 1010677 02/08/2017 COPYCOINC 230.18 1010678 02/08/2017 NORTH SOUTH SUPPLY INC 52.45 1010679 02/08/2017 UNIVERSAL SIGNS & ACCESSORIES 15,420.00 1010680 02/08/20I7 COLD AIR DISTRIBUTORS WAREHOUSE 99.82 1010681 02/08/2017 INDIAN RIVER OXYGEN INC 96.00 1010682 02/08/2017 DEMCO INC 59425 I010683 02/08/2017 GALLS LLC 113.49 1010684 02/0812017 ABCO GARAGE DOOR CO INC 420.50 1010685 02/08/2017 GROVE WELDERS INC 974.72 1010686 02/08/2017 RECORDED BOOKS LLC 272.20 1010687 02/08/2017 SOUTHERN COMPUTER WAREHOUSE 1,150.87 1010688 02/08/2017 DEERE & COMPANY 88.68 1010689 02/08/2017 APPLE MACHINE & SUPPLY CO 633.66 1010690 02/08/2017 COMO OIL COMPANY OF FLORIDA 15.00 1010691 02/08/2017 SHRIEVE CHEMICAL CO 2,423.14 1010692 02/08/2017 MIDWEST MOTOR SUPPLY CO 833.75 1010693 02/08/2017 GREAT SOUTHERN CONSTRUCTION 294.84 1010694 02/08/2017 SYNAGRO-WWT INC 88,651.79 1010695 02/08/2017 SOUTHERN JANITOR SUPPLY INC 998.83 1010696 02/08/2017 COPYTRONICS INC 249.35 1010697 02/08/2017 CAPITAL OFFICE PRODUCTS 695.51 1010698 02/08/2017 METRO FIRE PROTECTION SERVICES INC 1,276.10 1010699 02/08/2017 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 361.94 1010700 02/08/2017 BENNETT AUTO SUPPLY INC 81.36 1010701 02/08/2017 AUTO PARTNERS LLC 378.54 1010702 02/08/2017 ENVIRONMENTAL CONSERVATION LABORATORIES IN 12,576.00 1010703 02/08/2017 HYDRA SERVICE (S) INC 5,376.61 1010704 02/08/2017 AT&T 72.75 1010705 02/08/2017 OFFICE DEPOT BSD CUSTOMER SVC 981.17 1010706 02/08/2017 WASTE MANAGEMENT INC 4,628.76 1010707 02/08/2017 COMCAST 29.41 1010708 02/08/2017 WHEELABRATOR RIDGE ENERGY INC 2,975.00 P17 TRANS.NBR DATE VENDOR AMOUNT 1010709 02/09/2017 HENRY SCHEIN INC 1,922.91 1010710 02/09/2017 NORTH SOUTH SUPPLY INC 276.19 1010711 02/09/2017 INDIAN RIVER OXYGEN INC 3,365.00 1010712 02/09/2017 DAVIDSON TITLES INC 1,744.15 1010713 02/09/2017 ROGER CLEVELAND GOLF INC 412.09 1010714 02/09/2017 SOUTHERN JANITOR SUPPLY INC 2,351.49 1010715 02/09/2017 COPYTRONICS INC 74.40 1010716 02/09/2017 CAPITAL OFFICE PRODUCTS 86.66 1010717 02/09/2017 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 14.30 1010718 02/09/2017 BENNEIT AUTO SUPPLY INC 32.67 1010719 02/09/2017 STAT.MEDICAL DISPOSAL INC 230.00 1010720 02/09/2017 PACE ANALYTICAL SERVICES INC 108.00 1010721 02/09/2017 XYLEM WATER SOLUTION USA INC 20,287.79 1010722 02/09/2017 COUNTY MATERIALS CORPORATION 17,720.16 Grand Total: 212,565.88 2 P18 ELECTRONIC PAYMENTS - WIRE & ACH IPANS NBR DATE VENDOR AMOUNT 4902 02/01/2017 AGENCY FOR HEALTH CARE ADMAN 13,173.89 4903 02/03/2017 FL RETIREMENT SYSTEM 579,878.63 4904 02/03/2017 MUTUAL OF OMAHA 7,066.86 4905 02/03/2017 ALLSTATE 292.22 4906 02/03/2017 CDM SMITH INC 2,704.00 4907 02/03/2017 KTIVILEY HORN & ASSOC INC 9,511.30 4908 02/07/2017 AMERICAN FAMILY LIFE ASSURANCE CO 18,124.92 4909 02/08/2017 SENIOR RESOURCE ASSOCIATION 350,787.77 4910 02/08/2017 FLORIDA DEPT OF TRANSPORTATION 63,005.60 P -CARD 02/08/2017 WELLS FARGO BANK, N.A. 27,769.26 4011 02/09/2017 I R C HEALTH INSURANCE - TRUST 571,477.94 4912 02/09/2017 IRC CHAMBER OF COMMERCE 48,668.70 Grand Total: 1,692,461.09 P19 JEFFREY R. SMITH, Clerk of Circuit Court & Comptroller Finance Department 1801 27'h Street Vero Beach, FL 32960 Telephone: (772) 226-1945 CPA, CGFO, CGMA TO: Board of County Commissioners FROM: Edward Halsey, Internal Auditor THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: February 15, 2017 I • `x cL M1 SUBJECT: Quarterly Tourist Development Tax Report for Quarter Ending 12/31/2016 BACKGROUND Attached to this memorandum is the report of the tourist development tax monies collected in Clerk's office for quarters ended December 31, 2015 and 2016. The report shows five categories of activity including short-term rentals. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly Tourist Development Tax Report. P20 Short Term Rentals Hotelf Motel Boarding/Apartments Mobile homes Timeshare Indian River County Tourist Development Tax Received by the Indian River County Clerk of the Circuit Court and Comptroller Quarters Ended December 31, 2015 and 2016 Collections Quarter Ended % 12/31/2015 Of Total $ 88,364 19.84% 332,722 74.71% 5,777 1.30% 4,456 1.00% 14,043 3.15% $ 445,362 100.00% Collections Quarter % Ended % 12/31/2016 Of Total $ 79,814 18.34% 334,513 76.88% 5,430 1.25% 3,495 0.80% 11,859 2.73% $ 435,111 100.00% Collections Increase % (Decrease) Change $ (8,550) -9.68% $ 1,791 0.54% $ (347) -6.01% $ (961) -21.57% $ (2,184) -15.55% $ (10,251) -2.30% de— Consent Agenda - B.C.C. 02.21.17 Ofce o, f INDIAN RIVER COUNTY Dylan Reingold, County Attorney Wilham K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: February 13, 2017 ATTORNEY SUBJECT: Resolution Delegating Authority for Utilities Director to Enter Into a Memorandum of Understanding with Developers for Certain Phased Developments BACKGROUND. There are instances in certain types of phased developments in which the County desires to accept for ownership and maintenance of water and/or sewer utilities within a particular phase of development while leaving a portion of the water and/or sewer utilities on other portions of the property still under development within the responsibility of the developer. In such instances, the County desires the developer to confirm responsibility for maintaining, repairing and owning those portions of the water and/or sewer utilities on other portions of the property still under development. Additionally, in such instances, the County also desires to maintain the right to enter onto the developer's private property in order to respond, if necessary, to a broken or defective utility line, with the developer agreeing to pay for the costs of such response. Therefore, the County Attorney has drafted a resolution authorizing the Utilities Director to enter into a memorandum of understanding with developers in such instances so long as the memorandum of understanding is in the form attached to the proposed resolution. Any such memorandum would require the signature of the County Attorney, or his designee, approving such documents as to form and legal sufficiency. Additionally, the resolution ratifies previous agreements entered into by the County Utilities Director that satisfy such requirements. FUNDING. There is no funding associated with this agenda item. FAA, g4L1.J.1GE\LRAL1B C CWWr &M—lUANry Dt—wMOU Ph—dPq-e du P22 Board of County Commissioners February 13, 2017 Page Two RECOMMENDATION. The County Attorney's Office recommends that the Chair allow for public comment on this matter and then have the Board vote to approve the resolution and form memorandum of understanding as drafted. ATTACHMENT(S).. Proposed resolution. FlAne yID.d.lGBNERILIB CCWgmdeAfrmadUalirybirodo,AfCUPMmdP-jrrzd- P23 RESOLUTION NO. 2017- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE COUNTY UTILITIES DIRECTOR, ON BEHALF OF THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS TO EXECUTE CERTAIN AGREEMENTS RELATING TO THE TIMING OF ACCEPTANCE OF WATER AND/OR SEWER SYSTEMS IN CERTAIN TYPES OF PHASED DEVELOPMENTS. WHEREAS, there are instances in certain types of phased developments in which the County desires to accept for ownership and maintenance of water and sewer utilities within a particular phase of development while leaving a portion of the water and/or sewer utilities on other portions of the property still under development within the responsibility of the developer; and WHEREAS, in such instances the County desires the developer to confirm responsibility for maintaining, repairing and owning those portions of the water and/or sewer utilities on other portions of the property still under development; and WHEREAS, in such instances, the County also desires to maintain the right to enter onto the developer's private property in order to respond, if necessary., to a broken or defective utility line, with the developer agreeing to pay for the costs of such response; and WHEREAS, the Board desires that the Utilities Director enter into such agreements consistent with the agreement attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: 1. The above -recitals are affirmed; 2. The Indian River County Board of County Commissioners (the "Board') hereby specifically delegates to the County Utilities Director, the authority to execute agreements on behalf of the Board in substantially the form attached hereto, and provided that all such agreements contain the signature of the County Attorney, or his designee, approving such documents as to form and legal sufficiency. 3. The Board also ratifies previous agreements entered into by the County Utilities Director that satisfy these requirements. The foregoing Resolution was offered by Commissioner and seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Peter D. O'Bryan Commissioner Susan Adams CommissionerTim Zorc Commissioner Bob Solari P24 RESOLUTION NO. 2017 - The Chairman thereupon declared the Resolution duly passed .and adopted this _ day of February, 2017. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved as to form and legal sufficiency: ylan Reingold County Attorney 2 INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By Joseph E Flescher, Chairman P25 MEMORANDUM OF UNDERSTANDING FOR CERTAIN PHASED DEVELOPMENTS BETWEEN DEVELOPER AND INDIAN RIVER COUNTY, FLORIDA This Memorandum of Understanding (hereinafter "MOU") is made and entered into by and between , a Florida , its successors and assigns, ("Developer") and Indian River County, Florida, a political subdivision of the State of Florida, ("County"). Recitals WHEREAS, Developer is in the process of developing a development known as ("Name of Development") in Indian River County; and WHEREAS, the County has agreed to permit [description of individual project] in [Name of Development] prior to the Developer's conveyance of the water and sewer systems to the County, subject to the terms and conditions of this Memorandum of Understanding; NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the Developer and County hereby agree as follows: 1. The foregoing recitals are true and incorporated as if fully restated herein. 2. Developer agrees that all offsite and onsite water and sewer utilities which serve the [Name of Development] are and will remain privately owned and maintained by Developer until the offsite and onsite water and sewer utilities are completed pursuant to Utility Construction Permit ; are dedicated to Indian River County by a bill of sale; and are accepted by the County Utilities Department and proper security has been posted for the one-year warranty. Until such time as these offsite and onsite utilities (under UCP _) are dedicated to the County and accepted by the County Utilities Department, and acceptable warranty security has been posted with the County, Developer shall be responsible for any and all maintenance and repairs which may be required. 3. Developer agrees that the one-year warranty period for all onsite and offsite water and sewer utilities for the [Name of Development] (under UCP will commence from the effective date of the Bill of Sale. 4 l T "All IlIt P26 4. The Developer hereby designates the following person who may be contacted any time, seven days a week, 24 hours a day, if any water or sewer system emergencies arise prior to conveyance of the utilities to, and acceptance by, the County: Name: Title: Address: Phone Number: Email Address 5. Developer acknowledges that the County shall have no responsibility for maintenance, repairs or ownership of the offsite and onsite water and sewer utilities until such time as the offsite and onsite utilities are dedicated to the County (acceptable warranty security is provided) and accepted by the County Utilities Department. 6. This Memorandum of Understanding shall terminate upon dedication of the offsite and onsite utilities by bill of sale to, and acceptance by, the County, together with the posting of acceptable warranty security. 7. If the [Name of Development] is transferred by the Developer, Developer acknowledges that this Memorandum of Understanding will be preserved and recited in any document transferring title to Developer's successors and/or assigns. 8. In the event of the need to respond to broken or defective utility lines to protect the public interest, health, safety and welfare, the County shall have the right to respond should the Developer fail to immediately cure pursuant to paragraphs 2 and 5 above, and County shall have the right to resort to any and all legal remedies to recover its costs associated with such response. Further, Developer gives permission to County, County's contractors and subcontractors to enter on the [Name of the Development] for purposes of any emergency response to cure. Signed in the presence of the following witnesses: Developer sign: By: print: Print Name Position/Title sign:_ print: OA Date: F:\Attomey\Dylan\DRAFT -MEMORANDUM OF UNDERSTANDING FORM.docx P27 Signed in the presence of the following witnesses: sign_ print: sign:_ print: Approved as to form and legal sufficiency: Dylan Reingold County Attorney STATE OF FLORIDA COUNTY OF INDIAN RIVER COUNTY, FLORIDA Authority: Resolution No. 2017-. Date: The foregoing was acknowledged before me this day of 20_, by the of a Florida who executed on behalf of and with the full authority of said entity, and who is either personally known to me or produced (driver's license or passport) as identification. W36_0 signature: (stamped seal with printed name, commission number and commission expiration date) SEAL: 3 FAAttomey\Dylan\DRAFT -MEMORANDUM OF UNDERSTANDING FORM.doex P28 STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing was acknowledged before me this day of , 20_, by the Utility Services Director of Indian River County, Florida, a political subdivision of the State of Florida, who executed on behalf of and with the authority of the Indian River 'County Board of County Commissioners and who is personally known to me. NOTARY: signature: (stamped seal with printed name, commission number and commission expiration date) SEAL: 0 FAAttomey\Dylan\DRAFT -MEMORANDUM OF UNDERSTANDING FORM.docx P29 $D Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Michael R. Smykowski Director, Office of Management & Budget Date: February 13, 2017 Subject: Fourth of July Fireworks Funding Background Information For several years, Indian River County has provided assistance in funding Fourth of July fireworks displays in Vero Beach and Sebastian. The Lions Club of Sebastian has again requested assistance in funding their celebration this year. For many years, the County has contributed $2,500 each to Sebastian and the City of Vero Beach, after each of the cities appropriated and paid an equal amount up to $2,500. Fundinq Funding in the amount of $5,000 is currently budgeted in MSTU/Recreation/Special Events, Account #00410872-041110. Staff Recommendation Staff recommends that the Board of Commissioners approve funding the fireworks displays for the Cities of Sebastian and Vero Beach in the amount of $2,500 each. Staff also recommends that each of the cities (Vero Beach and Sebastian) appropriate and pay an equal amount up to $2,500 and the County will match that amount, up to $2,500 each, after the City of Vero Beach and Sebastian pay their share. P30 LIonS Club of Sebastian, Inc.11 000 0 71017 c/o Norman I. Meyer, MD 107 Wood Stork Way ® Sebastian, FL. 32958 Phone 772-581-0526 ® Fax 772-571-6084 ("FE8 (,� _ _ek., February 1, 2017 Office of Management & Budget Indian River County 1801 27th Street Vero Beach, FL. 32960-3388 Attn: Michael Smykowski, Indian River County Budget Director Dear County Commissioners, I am writing on behalf of the 4th of July Celebration Committee of the Lions Club of Sebastian. As in the past, Indian River County has made a twenty five hundred dollar ($2500.00) donation towards the fireworks display, I am hopeful we will be able to continue to receive this support from you. The City and County in the past has boasted of the quality family celebration, and we hope to continue with your support. Last year, you requested to be notified early for planning purposes. If you desire a copy of the City's check, let me know. I will present a copy when received from the city. Shall I send that to Ann Demco or Carol Roberts? If you have any questions or concerns, please feel free to call me. Thank you in advance for your support. Sincerely, Norman Meyer, MD Event Chairman home: 772-581-0526 cell: 772-538-7658 email: nm2- 011i yahoo. Cor; P31 CONSENT AGENDA INDIAN RIVER COUNTY �t OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: February 6, 2017 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Mike Smykowski, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Approval of Fourth Extension to Agreement for Auction Services BACKGROUND: On February 19, 2013, the Board of County Commissioners awarded RFP 2013025 for Auction Services to Associate Auctions, LLC, of Stuart, FL. The award was for one year with options for five one-year renewals. The third extension was authorized on March 8, 2016 and expires on February 18, 2017. SOURCE OF FUNDS: No funding is allocated for these services, as auctions are held on an as needed basis, and in accordance with the Agreement, all associated expenses are paid by the auctioneer (with the exception of advertising for reserve auctions). RECOMMENDATION: Staff requests the Board of County Commissioners approve the attached Fourth Extension to the Agreement and authorize the Chairman to execute it. ATTACHMENTS: Fourth Extension to Agreement P32 FOURTH EXTENSION TO AGREEMENT FOR PROVIDING AUCTION SERVICES FOR INDIAN RIVER COUNTY, FLORIDA This Extension to that certain Agreement to provide auction services is entered into effective as of February 19, 2017 by and between Indian River County, a political subdivision of the State of Florida ("County") and Associate Auctions, LLC, a Florida corporation, having its principal address at 608 S. Colorado Ave., Stuart, Florida 34994 ("Auctioneer"). BACKGROUND RECITALS A. Effective February 19, 2013, the County and the Auctioneer entered into an Agreement for Auction Services. B. Article 22 of the Agreement contains the term and renewal provisions. C. The first renewal term commenced effective as of February 19, 2014 and ended on February 18,2015; the second renewal term commenced effective as of February 19, 2015 and ended on February 18, 2016. The third renewal term commenced effective as of February 19, 2016 and will end on February 18, 2017. D. Pursuant to the Agreement, the parties desire to again renew the Agreement by this Extension. NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Auctioneer agree as follows: 1. The background recitals are true and correct and form a material part of this Fourth Extension. 2. The fourth renewal term shall commence effective as of February 19, 2017 and shall end on February 18, 2018; one additional 12 -month renewal term is available. All renewal terms are subject to 30 -day termination in accordance with the terms of this Contract. 3. All terms and provisions of the Contract shall be and remain in full force and effect: IN WITNESS WHEREOF, the parties have caused this Amendment to be executed effective the day and year first set forth above. ASSOCIATE AUCTIONS, LLC BY. (Authorized Signature) (Corporate Seal) Date INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By: Joseph E. Flescher, Chairman, Board of County Commissioners By: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: Dylan Reingold, County Attorney Attest: Jeffrey R. Smith, Clerk of Circuit Court And Comptroller By: Deputy Clerk P33 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Stan Boling, AICP; Community Development Director THROUGH: Sasan Rohani, AICP Chief, Long -Range Planning FROM: Bill Schutt, AICP Senior Economic Development Planner, Long Range Planning DATE: February 14, 2017 SUBJECT: Suspension of INEOS New Planet BioEnergy LLC's Ad Valorem Tax Exemption It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of February 21, 2017. BACKGROUND On December 20, 2011, the Board of County Commissioners held a public hearing to consider a request from INEOS New Planet BioEnergy LLC for an economic development ad valorem tax exemption (tax abatement). At that hearing, the Board considered INEOS's application together with staff's analysis and input from the Property Appraiser's Office, Chamber of Commerce, and Economic Development Council. Based on the evidence presented, the Board found that INEOS's proposed bioenergy facility project qualified for tax abatement as a new business, found that INEOS's application scored in the highest abatement award category under adopted scoring guidelines, granted a 10 year tax abatement beginning in 2013, adopted a tax exemption ordinance for the INEOS project, and approved a tax exemption agreement with INEOS (see attachments 1, 2, and 3). The exemption applies to approximately 40% of INEOS's total ad valorem tax bill (General Fund, MSTU, and Emergency Services District) and decreases during the 10 year abatement period. Since the December 20, 2011 hearing, INEOS completed project construction, and hired facility personnel. In January 2013, 2014, 2015, and 2016, INEOS filed its first, second, third, and fourth annual reports with the County as required by the tax exemption agreement. Those reports indicated job and wage levels consistent with INEOS' tax abatement application and information from the Florida Department of Revenue. Based on that information, the Board found that INEOS was in compliance with its ad valorem tax exemption requirements. After Board actions, INEOS then applied to the Property Appraiser's Office for the exemption and the exemption was granted for "property tax years" 2013, 2014, 2015, and 2016. In late 2016, INEOS closed its facility, placed it on the market for sale, and terminated nearly all jobs. With the closure of the facility and the elimination of jobs, INEOS has notified staff that it will not C•\Users\GRANIC—l\AppData\Local\Temp\BCL Teclmologies\easyPDF 7\@BCL@18051225\@BCL@18051225.docx P34 file an annual report for 2017 and will not be in compliance with tax abatement requirements for 2017. Under requirements of the tax exemption agreement and the County's Chapter 1100 tax exemption regulations (see attachment 4), INEOS is required to provide a number of new jobs at a high average wage level, file an annual report on or before January 15' of each year beginning in 2013, abide by representations made to the Board, and comply with tax exemption requirements. The annual report filing provides the County with a timely and convenient opportunity to verify compliance with tax exemption requirements prior to the March 1 annual filing deadline for an economic development tax exemption. If at any time the Board determines that INEOS is not in compliance, the Board may revoke, revise, or suspend the tax exemption. While INEOS does not intend to comply with the tax abatement requirements for the 2017 tax year and has not provided an annual report for 2017, INEOS has provided quarterly 2016 employment reports to County staff. Staff reviewed those reports and verified INEOS's compliance with tax abatement requirements for this past tax year (2016), including representations made in its tax abatement application. At this time, staff is bringing data to the Board to document INEOS' compliance with tax abatement requirements for this past year (2016). Staff is also informing the Board that INEOS will not qualify for the tax abatement exemption for 2017 and is seeking Board action to suspend the abatement exemption for 2017. By suspending the exemption, the Board may keep open the possibility of transferring any remaining years of the plant facility's 10 year tax abatement to a future prospective purchaser/operator of the facility if they meet the original tax abatement requirements. ANALYSIS Consistent with the tax abatement ordinance (see attachment 2), INEOS was approved to receive a ten year tax abatement of its ad valorem taxes for the General Fund, Municipal Services Taxing Units, and the Emergency Services District. That abatement was approved at 100% for years one through three, with a 10% yearly decline each year starting with year four at 90% abatement and ending with year ten at 30% abatement. If INEOS had continued its operations in compliance with the agreement, it would currently be in year five of the tax abatement schedule and would be eligible for 80% abatement for year 2017. Over the last several years, INEOS obtained approval of economic development incentives, developed a bioenergy production facility at the southwest corner of Oslo Road/74th Avenue (former Ocean Spray site), and hired facility personnel. Employees were first hired starting in late 2011, even before the plant was fully completed. By the end of 2012, INEOS had 56 employees. The number increased in 2013 and in 2014, rising to 64 employees in late 2013 and 68 employees in late 2014. In December of 2015, INEOS reported employment levels in the mid -50s. For 2016, employment levels had fallen to an average of 50 employees for the entire year (over 50 employees were on payroll for the first 10 months, with 41 employees for the 11th month and 29 employees for the 12' month). As shown in the table below, average wages per employee for the year 2016 were $84,520.69. The average annual wage calculation includes employees that worked only part of a quarter. In fact, excluding wages of those employees would increase the average annual wage. The 2016 average annual wage exceeds all previous year annual wages (see attachment #5). C•\Users\GRANIC-1\AppData\Local\Temp\BCL Teclmologies\easyPDF 7\@BCL@18051225\@BCL@18051225.docx 2 P35 *Sum of 12th Day Count for Each Month Divided by 3 "Total Employees Lisled for Quarter With respect to project capital investment the project has involved tens of millions of dollars in improvements and equipment, as anticipated. Based upon submitted employment reports and verified items, staff has determined that INEOS has met minimum scoring requirements to maintain the tax abatement for the 2016 tax year. As shown in the table on attachment 5, INEOS' score for the 2016 tax year is 85 points. This is five points less than each previous year's points and four points above the minimum 81 points required to maintain its approved tax abatement (see attachment 6). For 2016, the reduced points are due to the loss of employees in the 4t1i quarter as INEOS moved to shut down its operations. As anticipated in the INEOS tax exemption application, the majority of the project's assessed value consists of tangible personal property in the form of plant equipment. According to the Property Appraiser's staff, INEOS' ad valorem tax bill for 2016 was $433,560.28 and the value of the ad valorem tax exemption not included on that bill (savings to INEOS) was $259,676.24. In 2015, the tax bill was $471,929.22 and savings to INEOS was $308,145.81. The 2016 figures reflect a decrease in assessed value associated with depreciation of equipment, land, and assets and also a 10% percent decrease in the allowed tax exemption amount. Staff has confirmed that the 2016 real property and tangible property taxes have been paid. With respect to the Economic Development Ad Valorem Tax Exemption agreement, that agreement allows for the property to be transferred to a new owner provided proper notice is given to the County. That agreement also contains provisions regarding violations of abatement requirements, providing the County with the ability to: a. Revoke or revise the exemption, effective as of the date of such action, or b. Revoke or revise the exemption, effective as of the date of violation of the Commitment. In addition to revoking or revising the exemption, the Board may simply suspend the exemption in its current year (year five), keeping open to itself the possibility of re -instating the abatement schedule for the facility in subsequent years if a qualifying plant owner/operator restarts the plant and provides jobs at the same number and wage level as INEOS. Even though INEOS shut down its operations, that process was not completed until late 2016/early 2017. Because INEOS maintained eligible high wage jobs at its facility for 2016 and because INEOS exceeded the minimum scoring requirements for qualification for the year 2016 tax abatement, it is C:\Users\GRANIC—I\AppData\Ucal\Tctnp\BCL Teclmologies\easyPDF 7qBCL@18051225\@BCL@18051225.docx 3 P36 2016 INEOS Wage and Employment Levels Average # of Total # of Average Wages Per Quarter Total Gross Wages Employees Listed on Employees Listed Employee (Total Quarterly Report* on Quarterly Gross Wages/# of Report" Employees) 1 $1,001,850.31 52 52 $19,266.35 2 $1,090,600 78 53 56 $19,47501 3 $1,383,676.62 54 54 $25,62364 4 $1,068,251.41 41 53 $20,155.69 Total/Average $4,544,379.12 50 53.75 $84,52069 *Sum of 12th Day Count for Each Month Divided by 3 "Total Employees Lisled for Quarter With respect to project capital investment the project has involved tens of millions of dollars in improvements and equipment, as anticipated. Based upon submitted employment reports and verified items, staff has determined that INEOS has met minimum scoring requirements to maintain the tax abatement for the 2016 tax year. As shown in the table on attachment 5, INEOS' score for the 2016 tax year is 85 points. This is five points less than each previous year's points and four points above the minimum 81 points required to maintain its approved tax abatement (see attachment 6). For 2016, the reduced points are due to the loss of employees in the 4t1i quarter as INEOS moved to shut down its operations. As anticipated in the INEOS tax exemption application, the majority of the project's assessed value consists of tangible personal property in the form of plant equipment. According to the Property Appraiser's staff, INEOS' ad valorem tax bill for 2016 was $433,560.28 and the value of the ad valorem tax exemption not included on that bill (savings to INEOS) was $259,676.24. In 2015, the tax bill was $471,929.22 and savings to INEOS was $308,145.81. The 2016 figures reflect a decrease in assessed value associated with depreciation of equipment, land, and assets and also a 10% percent decrease in the allowed tax exemption amount. Staff has confirmed that the 2016 real property and tangible property taxes have been paid. With respect to the Economic Development Ad Valorem Tax Exemption agreement, that agreement allows for the property to be transferred to a new owner provided proper notice is given to the County. That agreement also contains provisions regarding violations of abatement requirements, providing the County with the ability to: a. Revoke or revise the exemption, effective as of the date of such action, or b. Revoke or revise the exemption, effective as of the date of violation of the Commitment. In addition to revoking or revising the exemption, the Board may simply suspend the exemption in its current year (year five), keeping open to itself the possibility of re -instating the abatement schedule for the facility in subsequent years if a qualifying plant owner/operator restarts the plant and provides jobs at the same number and wage level as INEOS. Even though INEOS shut down its operations, that process was not completed until late 2016/early 2017. Because INEOS maintained eligible high wage jobs at its facility for 2016 and because INEOS exceeded the minimum scoring requirements for qualification for the year 2016 tax abatement, it is C:\Users\GRANIC—I\AppData\Ucal\Tctnp\BCL Teclmologies\easyPDF 7qBCL@18051225\@BCL@18051225.docx 3 P36 staff's conclusion that INEOS was properly qualified for the tax abatement for 2016. In total, INEOS produced an average of more than 50 new high wage jobs for over five years and installed a multi- million dollar energy plant facility. Because neither INEOS nor a subsequent buyer owner/operator will be able to meet the tax abatement agreement requirements for 2017, the Board needs to suspend the exemption for 2017. By suspending the exemption, the Board will retain the option of re -starting the exemption in subsequent years for a qualifying owner/operator. RECOMMENDATION Staff recommends that the Board of County Commissioners: Find that INEOS New Planet BioEnergy LLC was in compliance with its Economic Development Ad Valorem Tax Exemption requirements for tax year 2016; and 2. Suspend the plant facility tax abatement exemption for 2017 and retain the option for future Board action to re -start the tax exemption in subsequent years for a qualifying plant owner/operator. ATTACHMENTS 1. Approved Minutes from December 20, 2011 Board Meeting 2. INEOS Tax Exemption Ordinance 2011-011 3. INEOS Tax Exemption Agreement 4. Excerpts from Chapter 1100 5. INEOS Compliance with Tax Exemption Representations 6. Scoring Guidelines 7. E-mail correspondence from INEOS C\Users\GRANIC—1 \AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@ 18051225\@BCL@ 18051225.docx 4 P37 The Commissioners and Sheriff Loar discussed the ramifications of delaying this item until the County Administrator, Management and Budget Director d Sheriff can meet and return to the Board with a plan. Chairman Wheeler suggested tabli�flii4ser until January 10, 2012. Commissioner Davis observed that postponing this matter would give staff more time to evaluate the suggested $300,000 appropriation, as well as provide time for the Commissioners to review the Sheriffs quartfinancial data. ON MOTION BY Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved to TABLE this item until the January 10, 2012 Board of County Commission meeting. 10. PUBLIC HEARINGS 411, ,JO.A.L CONSIDERATION OF INEOS NEW P14M BIOEN"GY LLC'S R&UMT FOR AN ECONO&C DBYBLOPMENT AD VALOREM TAX EXEMPTION (TAX AB , TEMENT) [s.mmsuTIYE) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Planning Director Stan Boling, through a PowerPoint presentation (copy on file), provided background description and conditions pertaining to INEOS New Planet BioEnergy LLC's (DMS) request for an economic development ad valorem tax exemption (tax abatement). He presented an analysis and verification of INEOS's eligibility for the tax abatement program which can be granted for up to ten years, with an annual decrease in scale. He outlined the amounts of property taxes projected to be paid by INEOS and abated over a ten- year period, reviewed the safeguards in the tax abatement program, and conveyed that the December 20, 2011 11 AMCNWW1 104 P38 Economic Development Council and staff recommend Board approval of the proposed Ordinance granting an economic development ad valorem tax exemption to INEOS New Planet Bioenergy, LLC, with the conditions outlined in staff's reoommendation. (Clerk's Note: Please see the Board's Motion for conditions referenced above.) The Chairman opened the Public Hearing. There were no speakers, and the Chairman closed the Public Hearing. ON MOTION by Commissioner Solari SECONDED by Commissioner Plescher the Board unanimously: (1) found that the INEOS New Planet BioEnergy facility qualifies as a 'New Business" under the tax abatement ordinance; (2) found that the application scores in the highest tax abatement award category under the adopted scoring guidelines; (3) granted a tax abatement using the schedule for highest award category, with. the 10 -year abatement period to begin in 2013; (4) adopted Ordinance 2011- 011, amending Title XI of the Code of Indian River County (Economic Development Ad Valorem Tax Exemption) by creating a new section 1100.14 granting an economic development ad valorem tax exemption to 5MOS New Planet Bioenergy, LLC; making findings and providing for severability and an effective date; and (5) authorized the Chairman to execute the Economic Development Tax Exemption Agreement for INEOS New Planet BioEnergy, LLC facility. AOREEMENT ON FILE IN THE OFFICE OF THE CLERIC TO THE BOARD December 20, 2011 12 105 P39 If A TRUE COPY CERTIFICADON ON LAST PAGE ORDINANCE NO. 2011- oil J -K. BARTON, CLERK AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING. TITLE XI OF THE CODE OF INDIAN RIVER COUNTY (ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION BY CREATING A NEW SECTION 1100.14 GRANTING AN ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION TO INEOS NEW PLANET BIOENERGY, LLC; MAKING FINDINGS AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, Title Xi of the Code of .Indian River County, entitled "Economic Development Ad Valorem Tax Exemption," authorizes the Board of County Commissioners to grant ,economic development ad valorem tax exemptions ("Exemption") to certain new or expanding businesses; and WHF,REAS, section 196.1995(10), Florida Statutes, regi im that a_uy WOOD pf the Board granting an Exemption to a new or expanding business be set forth in an ordinance; and WHEREAS, the Board has determined that all prerequisites to the granting of an Exemption to INEOS New Planet BioEnergy, LLC, a Delaware limited liability company, have been met, and the granting of such Exemption will promote and strengthen the Iocal economy and thereby enhance the health, welfare and general well-being of the citizens of Indian River County, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: ECTION 1. ENA TN[ENT AUTHO Section 3, Article VII of the Florida Constitution and section 196.1995, Florida Statutes, authorize the Board of County Commission= to grant economic development ad valorem tax exemptions to certain new and expanding businesses, upon majority vote in favor of such authority in a referendum called for such purpose. In a feferendum held on November 2, 2010, a majority of voters in Indian River County voted in favor of such authority, and Title M of the Code of Indian River County, entitled "Economic Development Ad Valorem Tate Exemption" became effective. SECTION 2. FINDINGS. The Board finds that the above "Whereas" clauses are true and correct, and hereby incorporates such clauses as findings of the Board, Additionally, the Board specifically finds that INEOS New Planet BioEnergy, LLC meets the requirements of section 196.012(15), Florida Statutes. AMCHMENT 2 106 P40 A TRUE COPY CERTIFICATION ON LAST PAGE ORDINANCE NO. 2011 -oil J.K. BARTON, CLERK S O ATION OF NEW SE Title XI of the Code of Indian River County, Florida, is hereby amended to create section 1100. 14, as follows (new language underlined): Sic on 1100.14 Econo is Deve1QPrnent ,Ad Valorem lax Exemption Oranted to INEQS New Janet 'oener L (1) Tis exMN§ n shall arrnly only to the- imnrovem= to real properly and the tangible _ rs nal ar 2M desgibed in Business' application for sm�,_ exemption, on file in the U ORMHO& devcl Rl>d l fir- Mi ' nn �„ :.re .: i - r`� ► . ti : i .! i/_`I 1 : �L_'_4 a, end new tangible aarsonal nronerty in the absence of the exemption. The moved empTson 1; are as follows• Year 1 (January 1, 2013 tax roll) ..........100% Year 2 (January 1, 2014 tax roll) ..........100% Year 3 (January 1, 2015 tax roll) .......... 100% Year 4 (January 1, 2016 tax roll) .......... 90'/o Year 5 (January 1, 2017 tax roll) .......... 800/o Year 6 (January 1, 2018 tax roll) .......... 70% Year 7 (January 1, 2019 tax roll) .......... 60% Year 8 (January 1, 2020 tax roll) .......... 5036 Year 9 (January 1, 2021 tax roll) .......... 40'/0 Year 10 (January 1, 2020 tax roll) ........... 30% The total amount of revemxe gvvCkle to the County from ad valorem gg sgmm for the cent fmW year icy virtue of MMMic develo�nent ad valorem mat_ tions currently in effect is $0- and the estimat�od M=u 12 o the County for fixe current 99cal year if the ex 'on's rst year had been in effect is $123.95 1 (4) The exemption be subject to all visigns gA forth in sections 11000,01 through 1190,,15, Wjthout limitation. the eontinuatjon of the exemption shall be eoWinuent upon BusineW compliance with section 1100,10 relating, to "Con mine Fafbnnan ems." 2 107 P41 { J ORDINANCE NO. 2011 - of i, (5) The Board specificglly finds that Business meets the requirements of section 196.012(15). Florida Statutes SECTION 4. MVERABILITY. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in fnll force and effect. SECITON 5. EFFECTIt''VE DATE. This ordinance shall become effective upon enactment by the Board of County Commissioners and filing with the Department of State. This ordinance was advertised in the 'Vero Beach Press Journal, on the 5th day of December , 2011, for apublic hearing to be held on the 2e day ofDeoember, 2011, at which time it was moved for adoption by Cotnudssioner --_graATA , seconded by Commissioner Fleacher , and adopted by the following vote: Chairman Gary C. Wheeler Ave Vice Chairman Peter D. O'Bryan AVe Commissioner Wesley S. Davis Aye Commissioner Joseph E. Flescber Ark Commissioner Bob Solari Ave The Chairman thereupon declared the ordinance duly passed and adopted this 20 day of December, 2011. BOARD OF COUNTY CON IISSIONERS INDIAN RIVER COUNTY, FLORIDA By. j Gary C. ler, Cbairman Approved as to fo and legal sufficiency: Alan . Polacinch, Sr., County Attorney EFFECTIVE DATE: This ordinance was filed with the Department of State on tl .2011. ore nm 3 t � ATTACHUNT 2 108 P42 J A TRUE COPY GERTIRCA71OR ON LAST PAGE J.K. BARTON, CLERK ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION AGREEMENT FOR MOS NEW PLANET BIOENERGY LLC FACILITY AT 925 74Th AVENUE SW, VERO BEACH, FLORIDA THIS AGREEMENT is entered into as of the 2& day of December, 2011, by and between Indian River County, a political subdivision of the State of Florida ("County') and INEOS New Planet BioEnergy, LLC, a limited liability company, organized and existing under the laws of the State of Delaware ("Business"). WEMAS, County has adopted the Indian River County Economic Development Ad Valorem Tax lrxemption Ordinance ("Ordinance"), set forth in Title XI of the Indian River -County Code ("Code"), and WFIEREAS, County has adopted Ordinance No. 2011 -01 granting an economic development...3_ ("Exemption Ordinance,) ad valorem tax exemption ("Exemption') to Business, and WHEREAS, the Ordinance and the Exemption Ordinance both provide that the Exemption sball not be effective until County and Business enter into this Economic Development Ad Valorem Tax Exemption Agreement ("Agreement"), NOW, THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree, as follows: I. Recitals. The above recitals are true and correct and are incorporated herein. 2. Definitions. Unless otherwise stated, all capitalized terms herein shall have the meaning set forth in the Ordinance. 3. Business' Representations, Covenants and Warranties. At all times during the term of the Exemption, Business represents, covenants and warrants to County that; (a) all information submitted by Business in the Application is, and was at the time of submittal, true and correct, (b) all information submitted by Business in any annual report submitted pursuant to section 1100.10(b) of the Code will be, at the time of submittal; true and correct, (c) each representation previously made by Business to County's Board of County Commissioners in a public meeting was, and each representation made by Business to County's Board of County Cornrnissioners in the future will be, at the time of such representation, true and correct, (d) ' Business will fully perform and remain in full compliance with all Exemption Requirements and all requirements of this Agreement, (e) without limitation, Business will establish and continue to provide all jobs required for Business to qualify as a New Business, as defwed in the Ordinance ("Jobs'), (f) without Imitation, the average wage paid by Business with respect to the Jobs during each calendar quarter will be equal to or greater than the average wage represented by Business in the Application, and (g) Business has not committed and will not commit any Violation of Law (each of subpat-Waphs (a) through (f), " Commitment'). 4. Annual Reports. On or before January I P of each year, beginning in 2013 and ending in 2022, the applicant shall submit a status report to the County Community Development Department. At a minimum, the report shall include the name, address, and contact infommtion of the current owner Fruosnou�,,�rir. r«o.,�m.....uk AIT.-ACHM 3 109 P43 ATRUECOPY CERTIFICATION"LAST PAGE J.K. BART01Y. CLERK And the current operator of the facility at 925 74d' Avenue SW, Vero Beach, Florida, a description of current facility operations, the current total number of facility employees, the current total and average wages of the employees, and a description of any improvements made to the facility daring the previous year. The report shall be signed by the facility owner (or authorized representative) and by the facility operator, and each signature shall be notarized. S. Violation by Business of Commitment: in the event of a violation by Business of any Commitment, County may, in its sok discretion, (a) revoke or revise the Exemption, effWtivc as of the date of such action, or (b) revoke or revise the exemption, effective as of the date of violation of the Commitment. In such case County, the Property Appraiser or the Tax Collector shall be entitled to recover all or any portion of taxes not paid after the date of violation as a result of the Exemption, plus interest, costs of collection and allomey's fees, as set forth in -section 1100.11(b) of the Code, or (c) Pursue any other remedy available in law or in equity. Business shall immediately notify County in writing of any facts or events which constitute or may constitute a violation by Business of any Commitment. 6. No Limitation of County's Rights. Nothing in this Agreernent shall be construed as a restriction or limitation of County's rights as set forth in general law or the Code, including the Ordinance and the Exemption Ordinance. 7 County's Right of Inspection. At any time during the term of the Exemption, County shall have the right to inspect any of Business' books and records to dew mine Business' compliance with aU Exemption Requirements and all requbements of this Agreement; provided, however, that nothing in this paragraph shail be interpreted as relieving Business of its obligation to notify County in writing of any facts or events which constitute or may constitute a violation by Business of any Commitment, as set forth in paragraph 4 above. S. Public Records. Business acknowledges that any records made or received by County in connection with the Exemption are subject to the Public Records Act, Chapter 119, Florida Statutes. 9. Transfer of Property Subject to Exemption. Bus riess shall notify County of any transfer of real or personal property subject to the Facemption, within thirty (30) days of the date of such transfer. 10. Form of Notice. Any notice hereunder shall be in.writing and delivered by () certified mail, return receipt requested, (ii) overnight or priority mail, in a foam providing proof of receipt, or (iii) hand delivery, with written acknowledgement of receipt by the recipient. 1L Interpretation. This Agreement has been submitted to the equal review UA scmdny of both parties, and both parties agree that it fairly and accurately sets forth the terms their agreement. in any dispute between the parties, the Agreement shall be given a fair and reasonable interpretation, without consideration or weight being given to the fact that it was initially prepared or drafted by any, particular party. 12. Severability, Each provision of this Agreement is deemed to be separate and divisible. If any provision shall be held invalid, the remaining provisions shall remain in full force and effect. F.1/awaylllwNAeG•t.+..VNE�e/Y�N.rn Isd.V7•+.Iptn,rKAe MUCHUNT 3 2 110 P44 d, j 13. Governing Law. This Agreement shall be, governed by and interpreted in accordance With the laws of the State of Florida 14. Jurisdiction and Venae. Exclusive jurisdiction for any proceedings arising out of or relating to this Agreement shall be in the circuit River County, Florida court of the State of Florida, Venue shall be in Indian 15. Attorney's Fees, etc. In any legal proceedings arising out of or relating in any way to this Agreement, the .prevailing party shall recon from the non -prevailing part all fees, costs and expenses, including, without limitation, reasonable attorney's fees at all trial, appellate and collection levels. IG. Waiver of Jury Trial. EACH PARTY HEREBY KNOWINGLY AND INTENTIONALLY WAIVES TRIAL BY JURY OF ANY ISSUE ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT. ALL SUCH ISSUES SHALL BE RESOLVED BY NON-TMY TRIAL, 17. Amendment This Agreement may be amended or modified only by subsequent written agreement signed by all parties and, with respect to County, approved by County's Board of County Commissioners. 18. Snficessors and Assigns. This Agreement shall be binding upon time parties and their successors and assigns. i1N WITNESS WH MOF the parties hereto have executed this Agreement as of the date first written above. F'� �a1P�osanre... �rE..Mnrdpmw,� MOS New Planet BioEnergy, LLC, a Delaware Limited Liability Company BOARD OF COUNTY CO] INDIAN RIVER COUNTY Approved by BCC-yagenbar, . 20, 20.11. roved as to Form and Legal Stitfficiency; 9ftAWNT 3 111 P45 Title X1. - ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION Section 1100.10. - Continuing performance. (a) The business shall continue to meet all exemption requirements during the term of the exemption; (b) No later than March I of each year during the term of the exemption, the business shall provide an annual report to the director which shall certify and, if requested by the director, contain satisfactory proof, that the business continues to meet all exemption requirements; (c) The business shall timely comply with all requirements of F.S. § 196.011, during the term of the exemption; and (d) The business shall immediately advise the county of any failure by the business to meet all exemption requirements. (Ord No. 2010-014, §§ 1, 2, 6-22-10) Section 1100.11. - Revocation of exemption. (a) The board may revoke or revise the exemption at any time if the board determines in its sole discretion that (1) the business no longer meets all of the exemption requirements, (2) the application or any annual report contains a material false statement, such that the exemption likely would not have been granted or continued if the true facts had been known, or (3) the business is found guilty of a violation of law; and (b) If it is determined that the business was not in fact entitled to an exemption in any year for which the business received an exemption, the county, property appraiser or tax collector shall be entitled to recover all taxes not paid as a result of the exemption, plus interest at the maximum rate allowed by law, plus all costs of collection, including, without limitation, reasonable attorney's fees. (Ord No. 2010-014, §§ 1, 2, 6-22-10) ATTACHMENT 4 FAConnunity DevetopmentlCurDeNBCO2013 BCCUNEOSI I00.doc 112 P46 INEOS COMPLIANCE WITH TAX EXEMPTION REPRESENTATIONS Application Actual 4th Qtr 2012 Actual 4th Otr 2013 Actual (4'h Qtr 2014) Actual (4" Qtr 201 S) Actual (41h Qtr 2016) Full Time Jobs 53 (30 53 (30 points) 64 (30 points) 63 (30 points) 50+ (30 points) 41 "• (25 points) points) Average annual $58;981 (30 $58,929 (30 points) $62,900 (30 points) >$63,000 (30 points) >$74,000 (30 points) >$84,000 (30 points) wage tots Level of local *$54,337,677 *$52,500,000 (20 points) **$47,092,901 (20 points) **$44,368,125 (20 points) •'$47,090,090 (20 points) **$43,682,561 (20 points) capital investment (20 int* Special economic Bio -energy (10 Bio -energy Bio -energy Bio -energy Bio -energy Bio -energy targeted development targeted points) targeted (10 points) targeted (10 points) targeted (10 points) targeted industry (10 points) industry (10 points) attributes industry industry industry industry Total Points from 90 90 points 90 points 90 points 90 points 85 points Scoring Matrix points A� A CD 0 to *Estimated construction/installation value of real property improvements and tangible personal property **Assessed value for ad valorem tax purposes: real and tangible personal property (depreciated, as applicable) ***Average full time jobs C:\Users\GRANIC—I\AppData\Locnf\TempTCL TechrrologieskasyPDF T@BCL® I BOSE82B\@BCL@l 805 E82B.doex INDIAN RIVER COUNTY AD VALOREM TAX ABATEMENT APPLICATION SCORING GUIDELINES Scoring Matrix NUMBER OF NEW FULL TIME JOBS CREATED Maximum Number of Points: 30 POINTS 1. 10 — 19 jobs (manufacturing) or 10 25 — 49 jobs (sales factor) or 50 — 99 jobs (corporate office) or 2. 20 — 29 jobs (manufacturing) or 18 50 — 74 jobs (sales factor) 100 — 149 jobs (corporate office) or 3. 30 — 49 jobs (manufacturing) or 25 75 — 99 jobs (sales factor) 150 — 199 jobs (corporate office) or 4. 50 or more jobs (manufacturing) or 30 100 or more jobs (sales factor) 200 or more jobs (corporate office) or LEVEL OF AVERAGE WAGES Maximum Number of Points: 30 POINTS 1. More than 75% but less than 100% county average wage 10 2. 100% or more but less than 115% county average wage 18 3. 115% or more but less than 150% county average wage 25 4. 150% or more 30 LEVEL OF LOCAL CAPITAL INVESTMENT Maximum Number of Points: 20 POINTS 1. More than $100,000 but less than $500,000 20 2. $500,000 or more but less than $1,000,000 20 3. $1,000,000 or more but less than $5,000,000 20 4. $5,000,000 or more 20 C:\Users\GRANIC—I\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@18055D30\@BCL@18055D30.doc Attachment 6 1 P48 PROJECT EXCELLENCE Maximum Number of Points: 20 • Special project attributes that advance county economic development 0-20 goals, objectives, and policies Award Categories Abatement Percentaae by Year Total Points Yr. 1 Yr. 2 Yr. 3 Yr. 4 Yr. S Yr. 6 Yr. 7 Yr. 8 Yr. 9 Yr. 10 1. 40-60 100% 100% 80% 60% 40% 20% 10% 0% 0% 0% 2. 61-80 100% 1006/6 90% 80% 60% 40% 20% 10% 06/6 0% 3. 81 or more 100% 100% '100% 90% 80% 70% 60% $0% 40% 30% C:\Users\GRANIC—l\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@18055D30\@BCL@18055D30.doc 2 P49 Bill Schutt From: Michelaire Medor <michelaire.medor@ineos.com> Sent: Monday, January 09, 2017 9:54 AM To: Stan Boling Cc: Sasan Rohani; Bill Schutt; Nigel Falcon Subject: RE: INEOS Tax Abatement Annual Report for Indian River County Faciliy We have 4 employees left at the plant for 2017. 1 don't think that we will meet the criteria for 2017 tax abatement. Thanks, Michelaire From: Stan Boling [mailto:sboling@irmov.com] Sent: Tuesday, January 03, 2017 4:32 PM To: michelaire.medorCalineos.com; Nigel Falcon Cc: Sasan Rohani; Bill Schutt Subject: INEOS Tax Abatement Annual Report for Indian River County Faciliy Please verify the status of the INEOS plant and what number of employees are currently at the plant. Do you anticipate meeting tax abatement criteria and filing an annual report? Thanks...............Stan Boling, IRC Community Development Director Attachment 7 P50 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: NexusWorx — Fiber Documentation System - Pilot Project DATE: February 6, 2017 BACKGROUND Indian River County Public Works Department recently activated "NexusWorx" a secure web -portal based system for municipal fiber optic infrastructure documentation, fiber mapping, and fiber record keeping, for all IRC fiber optic network assets. IRC does not have a reliable or detailed system of in-house fiber optic network connectivity documentation. The lack of an in-house fiber optic network documentation system results in many hours of unnecessary IRC staff labor, fiber optic repair costs, and extended service restoration delays during County fiber optic emergency repair processes, and also during new County fiber optic deployment / development projects. NexusWorx is a municipal fiber documentation system that will be fully managed, controlled, and directly accessible by authorized IRC staff, and not through an intermediate or "proxy" organization. NexusWorx is a licensed application, using secure hosted web -portal services, network hardware supported and maintained by Byers Engineering, Inc. The database and all information entered into the NexusWorx application will be the property of the County, and not that of an outside organization, as with other proxy based systems of municipal or corporate fiber documentation. The NexusWorx application currently in use by IRC is a Municipal version that is secure, and only IRC will have access. This application is not currently shared with other outside agencies. County does have the option of sharing this application with IRC Fiber Consortium members in the future. IRC currently assists all IRC Fiber Consortium member organizations with troubleshooting and repairs of the shared resource fiber network; which is of mutual benefit to all IRC Consortium members (IRC School District, and City of Vero Beach, in addition to the County). The proposed "Pilot Project" entails the collection of all IRC field fiber data, by Byers Engineering Inc. within a specified area of the County (see the attached Exhibit) to include all of the following: Fiber assets including all underground fiber optic handholds, fiber pull boxes, fiber patch panel housings, IRC traffic fiber cabinets, underground and aerial fiber optic splice enclosures - information detailing the point-to-point fiber optic splice connections contained within each fiber optic splice housing, - within the specified Pilot Project area. ' Fiber assets including all fiber optic patch panel connections within County and shared resource IRC Consortium building sites - information detailing the point-to-point fiber jumper connections at each fiber optic patch panel, - within the specified Pilot project area. After the fiber network field data has been collected, Byers Engineering Inc. will enter and configure all of the collected fiber infrastructure data into the NexusWorx application that will be directly managed by IRC staff at completion of the process. C:\Users\lclark\Desktop\02-21-17\NexusWorx - Fiber Documentation System - Pilot Project 12-06-16.docx P51 PAGE Two Proposal for NexusWorx - Implementation & Pilot February 6, 2017 Byers Engineering Inc.'s NexusWorx application is the only application known to the County that is capable of building a fiberdocumentation and management database that is owned and directly controlled by the County, is specific to, and available only for County use, and not other members of the Fiber Consortium, or any other outside organization. To staffs knowledge, there is no other available system and selection of NexusWorx on a sole source basis is justified on the basis of interchangeability with our existing fiber network. The Florida Department of Transportation currently uses this application for their fiber optic network management and documentation systems throughout the State of Florida FUNDING The project cost of $59,750, although not currently budgeted, will be funded with a budget amendment from MSTU/Reserve for Contingency to MSTU/Telecommunications/Other Professional Services- Acct # 00423487- 033190 RECOMMENDATION Staff recommends that the Board of County Commissioners approve the NexusWorx — Fiber Documentation System - Implementation and Pilot project. ATTACHMENT Byers NexusWorx Proposal Pilot Project Area Map AGENDA ITEM FOR 02/21/17 C:\Users\lclark\Desktop\02-21-17\NexusWorx - Fiber Documentation System - Pilot Project 12-06-16.docx P52 BYERS Indian River County Implementation /� "ffcainaaNv BYERs ENGINEERING COMPANY Proposal To Indian River County, Florida Implementation of NexusWorx Byers Engineering Company Mark McDougald - Director Fiber Solutions 6285 Barfield Road Atlanta, GA 30328 404.843.1000 404.843.2000 Fax P53 BYERS Indian River County Implementation Paincinn Nieinru- Date Issue Author Notes 11/17/16 1.0 Mark McDougall Copyright © 2016- Byers Engineering Company, Atlanta GA - All rights reserved 2 P54 BYERS Indian River County Implementation EN CC�� TABLE OF CONTENTS 1. Overview.................................................................................................................................. 4 2. Project Scope............................................................................................................................ 4 3. Process And Task...................................................................................................................... 5 4. Assumptions.................................................................:...........................................................8 5. Cost........................................................................................................................................... 9 6. Timeline....................................................................................................................................9 Copyright© 2016- Byers Engineering Company, Atlanta GA -All rights reserved 3 I P55 % _B_YERS Indian River County Implementation 1. OVERVIEW This proposal is in response to Indian River County (IRC), Florida acquiring subscriptions of Byers NexusWorx fiber asset management solution. As part of fully implementing this solution, network data needs to be populated into the NexusWorx database. IRC has existing fiber network data in their GIS system. However, this data does not contain fiber connectivity data needed to have a fully functional system. To get this data populated, Byers is proposing this entire effort to be completed in four phases. Only one of these phases is for the entire network, and the other are for a pilot area that will evaluate the value of a field inventory and verifying fiber splicing. The first phase will consist of migrating the GIS data into NexusWorx intelligent features and building associations as the data permits. The second phase covering a segment of the network known as the "Pilot" will consist of a field inventory of both OSP/l SP physical plant. The third phase will consist of verifying OSP splicing (connectivity) within the pilot area along with the collecting details for Aerial slack loops. The fourth phase will consist of building the connectivity in NexusWorx from the data collected during the inventory. The total lump sum price for this entire work is $49,000 and it's fully expected that all work will be completed within 120 business days from receiving a PO. This price is based on the quantities and scope listed in this document, any deviation from these could require adders to this pricing. 2. PROJECT SCOPE The following outlines the scope of this project. Phase 1 — All of the consortium fibers that belong to IRC, City of Vero Beach and Indian River County School Board. • Migration of: o Fiber Optic Cables o Copper Cables o Conduit Access Points o Conduit Duct Bank and Conduit Duct Groups o - Splice Locations o Equipment Cabinets (Traffic Cabinets) o Fiber Termination Locations (Buildings) o Poles • Phases 2, 3 & 4 (Pilot) — This is the most southern portion of the network as indicated in the image below. Copyright © 2016- Byers Engineering Company, Atlanta GA -All rights reserved P56 BYERS Indian River County Implementation — hw "ear • Field Inventory o Fiber Handholds o Traffic Cabinets o Building Termination Locations • Fiber Splicing (OSP Splices) o Underground Splices and Aerial Cabinet Cross -Connects 3. PROCESS AND TASK Phase 1 Data Migration — Byers will utilize and extract the following features from the provided ESRI Geodatabase of the consortium's fiber optic facilities. The table on the following page outlines the source feature and NexusWorx target features, as well as the general rules for setting attributes. General rules are as following: 1. Conduit Access Points, Equipment Locations (Traffic Cabinets) and Splice Locations (Closures) will be extracted from the County Handhole features. 2. Poles will be loaded from County Poles. 3. Fiber Optic Cable will be extracted from County Fiber Optic Cable — This includes abandoned cables. 4. Conduit Duct Point and Conduit Duct Group — will be extracted from County Fiber Optic Cable - 5. Copper Cables — This will be extracted from Fiber Optic Cable where Size values dictate a copper cable. In addition to migrating the Geodatabase features these initial processes. 1. Breaking Fibers at splice locations (cases) 2. Adding Splice Locations and associating to fiber optic cables and building termination locations. Copyright © 2016- Byers Engineering Company, Atlanta GA - All rights reserved P57 BYERS Indian River County Implementation Eoil- COMPANY NexusWorx Feature GOB Column NexusWom Column Rule Note FiberO tic Cable Owner Owner Map NxWx Owner Code Equipment Location (Fiber FiberOptic Cable Size Fiber MT1.CD Extrapolate and set Fiber MTL CD. WAem Copper will be removed and migrated to Copper Coble. Where this contains multiple able sizes, [has sheaths, must be broken out Into Individual records in source table. Copper Cables will need to be manually stripped from source feature FiberO tic Cable Manufacture Fiber_MTL_CD Use value with Size to extrapolated Flber MTL. NULL=Unknown Only Load features wham CH TYPE=H (There are Handholes) Fiber Optic Cable Placement Installation Typo Mapto Construction Type Code. filter out records with Conduit and no Count populated. Note Abandon feature FlberO tk:Cable Count Admin Seems to be used to expmss fiber Size- Mo de when Size has conduit size splice Locations) FiberOptIcCable Installed Ft Length If source is NULL enterGeo_Length as lanittlivalue. fiber OptkU ! POCOVB %OwnershipVere Beach Nlwfield Fiber Optic Cable POtRC %Ovinerihip IRC New Field Fiber Opik Cade PO SCH % Ownership School Board New Field Fiber Optic Cable PO Traffic %Ownership Traffic Newfield FiberOpticCable PO SEB %Own"lio SER: Nev,Field - FlberOpticCable Feature State Need to set features with Abandon In Placement to Abandon Feature State Add Feature State to Muni Config. ,NexusWorx Feature GDBCohmn MexusWorx Column Rule 'Note Conduit Duct Bank Owner Owner Map NXWx Owner Code Usage Setto COMM ID IPID Migrate feature Miss maintain correlation between N%Wx ID and original ID lNexusWom Feature GDBColumn . NexusWom Column :Rule )Note Conduit Duct Group Size Tye Extrapolate Type CD from Shavalues Source is County FiberO tic Cable feature Pe Size Extrapolate Size CD from Size values Source isCounty fiberolatIcCable feature Site Quantity Extrapolate Quantity CD from Size values Source is County Fiber tic Cable feature Conduit Duct Bank_ID NexusWorx Feature GDBColumn .NexusWons Column Rule Note Conduit Access Point Owner lowner Map NxWx Owner Code Equipment Location (Fiber Conduit Access Point Location Intersection Name Name Location Name Conduit Access Point CH ID IPID Same as Name to Start Only Load features wham CH TYPE=H (There are Handholes) Conduit Access Point CH ID peiSet by default to Handhole lWill be updated based on field instruction ;NexusWom Feature :GDBColumn Nexu Vions Column Rule {Note Equipment Location (Traffic Cabinets) Owner Owner Ma NxWx Owner Code Equipment Location (Fiber Ilse Closure Location Intersection Name Name Location Name Equipment Location (Fiber Isize Site ID Name Same as Name to Start Need toupdate perconvention Conduit Access Point CH ID IPID lNeed to Pa.. out in some cases Only Load features where CH_TTPEd (These are TrafficCabinets) CH ID IPID Admin Setto Signal Traffic by default splice Locations) NexusWom Feature GDB Column Fiber Ruildinal NexusWorx Column . 'Rule Note Equipment L—uo. (Fiber 'Note Splice Closure Temtinatlon) T e Type bhp NxV* Type Code Equipment Location (Fiber Ilse Closure Location Intersection Termination) Name Location Name Equipment Location (Fiber Isize Sit ID Name Termination) Address Address Equipment Location (Fiber lClass lNeed to Pa.. out in some cases Termination) CH ID IPID NexusWorx Feature GDB Column Handhole ' NexusWom Column Rule 'Note Splice Closure Owner Owner jMap NxWx Owner Code Ilse Closure Location Intersection Name Splice Closure Isize Sit ID Name Same as Name to Start, or ABC if null Needto update pertonventlon Pate Isim lClass lNeed to Pa.. out in some cases Only Load featums where CH_TVPE=S (These am Splice Closure CH ID IPID splice Locations) NexusWom Feature GDR Column (Palo) 'NexusWorx Column Rule 'Note Pole Owner Owner Map NxWx Owner Code Pole T Materiel Pole Isize ]Height l5ouroe field contains both Heightand Gass Pate Isim lClass lNeed to Pa.. out in some cases ISource field contains both HeiRhtand Class Copyright © 2016- Byers Engineering Company, Atlanta GA - All rights reserved 6 P58 BYERS Indian River County Implementation BYERS CONNOW Phase 2 — OSP/ISP Field Inventory & NexusWorx Update The following covers the task and data that will be collected from a field inventory of the ISP and OSP plant. This phase will also include adding & updating features in NexusWorx. • At Underground Handholes o Type and Size o Number, Type and Size of Ducts and/or Innerducts o Fiber Optic Cable; Manufacture, Size, Sequentials (at Duct, at Splice Case or Center) o Verify Splice Closures. o Site Pictures. • Aerial Locations o Denote and verify Splice Locations and/or Slack Loops. o Site Pictures. • Traffic Cabinets o Fiber Terminating Devices, Type, Manufacture, Model, Serial #, Number of Ports o Fiber Optic Cable; Manufacture, Size, Sequentials (at Duct, at Splice Case or Center) o Cross -connect (jumpers) Details — Where possible, we do not disconnect or demount equipment. o Site and cabinet content pictures. • Equipment Locations (Buildings) o Fiber Terminating Devices, Type, Manufacture, Model, Serial #, Number of Ports, Port Connector Types. o Terminating Conduit — Number, Type and Size of Ducts and/or Innerduct. o Fiber Optic Cable; Manufacture, Size, Sequentials (at Duct, at Splice Case or Center) o Cross -connect (jumpers) Details - Where possible, we do not disconnect or demount equipment. o Rack Details — Type, Size and rack positions for equipment. o Site & equipment pictures • Poles Only visual verification will be performed on Poles, meaning a check to see of pole exist. * May verify cross -connect details at OPGW cross connects, this depends on access and if access not required by bucket truck. The updating of data in NexusWorx will include the following items: o Breaking Fibers Optic Cables at inventoried splice locations not found in the GIS data. o Import Fiber Devices into Traffic Cabinets and Equipment Locations (Buildings) o Attachment of digital pictures o Creating Racks and mounting fiber devices and attaching pictures. Phase 3 — OSP Splice & Aerial Slack Loop Verification This phase will not start until the completion of Phase 2. Byers will provide our splicing sub -contractor direction to specific locations where OSP splice and/or aerial slack loop verification needs to be performed. For Splice Verification the sub -contractor will open splice closures and inspect splicing to determine and document strand to strand connectivity or where strands dead end or are "pass-through" which means the strands are within undisturbed buffer tubes. In addition to the splice details they will capture in the aerial environment the fiber optic cable size, manufacture, and cable Sequentials, if obtainable, at splice closure and IN/OUT points for slack loops. This information will be provided back to Byers back-office team where QA (Quality Assurance) will be Copyright © 2016- Byers Engineering Company, Atlanta GA - All rights reserved P59 QENOERS Indian River County Implementation NEETUNCI performed and prepared for data encoding of splice connectivity in NexusWorx. While it's not expected to occur or a very rare circumstance the sub -contractor will be responsible for restoring splices or end -terminations to expected or working condition if anything is disturbed during the visual inspection of the splicing. This restoration is not covered under the Field Verification lump sum pricing and will be performed under Splicing Unit pricing when this occurs based on the quantity of splices. The Sub -Contractor will perform OTDR test at 1330 and 1550 nm wavelength to assure any reworked splicing loss meets TRC loss threshold requirements. IRC contact will be notified when any existing splices are disbursed and need to be re -spliced in particular where coordination is required to disconnect light emanating equipment. Phase 4 —Build Splice Connectivity in NexusWorx. Upon completion of Phase 3 Byers NexusWorx data technician will utilize the OSP and ISP connectivity data to build fiber strand and/or port connectivity in NexusWorx. Since this connectivity is for the limited Pilot area connectivity will not be complete A to Z for known paths, but only the path within the "Pilot" area. 4. ASSUMPTIONS The following are the assumptions regarding each phase. Phase 1 - Data Migration — • Fibers will be loaded only from County Fiber Optic Cable feature class since this contains all of the consortium fibers. • Fiber Optic Cable feature class contains Copper cables and Conduits which will be extracted and loaded into Copper Cable and Conduit Duct Bank features. • The County Handhole feature class contains, in addition to Handholes, Patch Panel, Traffic Cabinets and Splice Closure locations. Only Handholes, Traffic Cabinets, and Splice Locations will be loaded with these features. • Fiber Termination or Building locations will be generated from Fiber Building feature class. • Byers will add new attributes to capture percentage ownership. • All data appears to geographically accurate so that no updates will be performed on these features. Fiber cables may be offset from structure or conduit running line. Phase 2 — OSP/ISP Field Inventory & NexusWorx Update • No Manholes exist or any underground structure requiring ventilation. • All Handholes should be visible, or can be discovered by; electronic locating method or GPS location. Byers will not be rodding or pressurizing conduit to discover Handhole locations. • No GPS updating or collecting is part of this effort. • IRC will need to coordinate and/or provide access to building/ISP locations that will work within the timeframe Byers personnel on-site. • IRC will provide any requirements or key's regarding the access of OPGW cross connect cabinets. • Number of Inventory Locations 0 144 Handholes 0 12 Traffic Cabinets 0 13 Building Locations 0 4 OPGW Cross Connect Cabinets Phase 3 — OSP Underground Splice Copyright © 2016- Byers Engineering Company, Atlanta GA - All rights reserved P60 BYERS Indian River County Implementation —h%_ • All locations are accessible by truck or splicing trailer. • IRC will coordinate any required access to easements or right-of-way that might be required. • Byers splicing vendor will notify IRC in the case any existing splices are disturbed. • Number of Locations 0 11 Underground Nandholes Splices 0 0 Aerial Splices — (We do not see Aerial splice closures requiring validation) o I Traffic Cabinet Splice (It is not known if this is splice case or patch scenario in the cabinet) Phase 4 - Build Splice Connectivity in NexusWorx. • No assumptions. COST The following are Byers lump sum or unit prices. All prices are based the number of expected units. Phase — Unit Type — Cost — Scope Phase I Data Migration — Lump Sum - $ 5,000 — Entire GIS dataset Phase 2 OSPASP Field Inventory and NexusWorx Update — Lump Sum - $ 17,000 - Pilot Area Phase 3 OSP Splice Verification UG Location - Per Location — Lump Sum $ 25,000- Pilot Area Phase 4 Build Connectivity in NexusWorx — Lump Sum - $ 2,000 - Pilot Area Adder — Splicing Unit Prices — Single Fusion Splice — Unit — $67.50 W X 100 :16,750 .0 O 12 Strand Buffer Single Fusion — Unit - $800 (8) x 5 z f 4,000.00 (a) — This pricing is direct invoicing from the fiber splicing vendor to IRC and not through Byers. 6. TIMELINE Byers' expects that we can produce our deliverables within 90 calendar days of a notice to proceed or PO from the utility board for the services as outlined in this proposal. Copyright © 2016- Byers Engineering Company, Atlanta GA - All rights reserved P61 Vero '4VlATl Av IRO i, F� LH It -7_:21ST�,Sl J E TH ST STATE� ROAD 601J, 20 E LN >_ r + A, G 4 7TH co V, !, !",1 1. . " co -T- 12TH ST k P TI" r -to z cli PTH'S co co i.E 11,11t, T W. I r E� 1 11 1 C I > is IT5N 4TH CM ST Hii HIM I I I �iFH I J I 1101 1, LSTH,:S��W- CI— z C14 W i CTH_�TSw_� aft_g= On "717 C, N <> HfGHL if::T71 fT fl I Tr T TfTl [7ST LUCIE, COUNTY 0 2 I I Miles W IRC - NexusWorx - Pilot Project Area r 19. Pilot Project Area Public Works Depbrtment Telecommunications Division Indian River County., Florida Map Date: 12/7/2016 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director A FROM: Keith McCully, P.E., Stormwater Engineer v 'fir PEEMIP CONSENT SUBJECT: Rejection of Bid for Reinforced Concrete Wall Sawing and Duperon FlexRake Rehabilitation at PC Main Screening System and Request to Rebid DATE: February 7, 2017 DESCRIPTION AND CONDITIONS Improvements are necessary at PC Main Screening System to improve movement of water lettuce, other aquatic plants, and debris into the screening system and to repair a damaged FlexRake. The efforts will result in significantly increased removal efficiency, reduced staff time per harvest event, and reduction of potential staff injuries during harvests events. The project was originally bid for construction in November 2016 but no bids were received. The bid title was revised to emphasize the Project's concrete wall sawing aspect and rebid on December 18, 2016. During the second bidding cycle, five potential bidders attended a non -mandatory pre-bid meeting and two bids were received on January 19, 2017. However, one bidder (Costello Brothers Marine, Inc.) was disqualified for failure to provide a required bid bond. Loren Jock Trucking, Inc. (Loren Jock) submitted a bid for $232,000. During Stormwater Division's evaluation of the Loren Jock bid, staff noticed that the bidder did not answer several questions on the mandatory bidder information form and therefore, staff was unable to determine the bidder's ability to complete the work in accordance with the contract documents. Purchasing Division made several attempts to contact Loren Jock via email and Federal Express overnight delivery to obtain the missing information. The requested information was not received by the reply deadline set forth in Purchasing Division's communication, nor has the information been submitted to Purchasing Division after the deadline. FUNDING For this project, $420,000 is budgeted and available in Account No. 31524338-066510-16001 (Optional Sales Tax Funds/Public Works/PC Main Relief Canal Upgrade) RECOMMENDATION Staff recommends the Board accept staff's determination that Loren Jock's bid is nonresponsive and authorize rejection of the bid and re -advertisement of the Project as soon as possible. C:\Users\GRANIC-1\AppData\Local\Teinp\BCLTechnologies\easyPDF 7\@BCL@70055B14\@BCL@70055B14.doc P63 ATTACHMENTS None DISTRIBUTION Jennifer Hyde, Purchasing Division Michael Smykowski, Budget Division William K. DeBraal, Deputy County Attorney APPROVED AGENDA ITEM FOR FEBRUARY 21, 2017 C:\Users\GRANIC—I\AppDataU.ocal\Tcinp\BCLTechnologieskeasyPDP 7\@,,BCL@70055B14\@,BCL@70055B14.doc P64 TO: INDIAN RIVER COUNTY, FLORIDA MEMORANDUM Jason E. Brown, County Administrator THROUGH: Jennifer Hyde, Purchasing Manager FROM: Richard B. Szpyrka P.E., Public Works Director SUBJECT: Approval of Second Extension to Agreements for Custodial Service DATE: February 7, 2017 BACKGROUND On February 10, 2015 the Board of County Commissioners awarded RFP 2015014 for Custodial Services to the four highest -ranked firms for each grouping of County facilities. On June 23, 2015 the award for Group 3 (43rd Avenue Complex) was terminated for failure to comply with the terms of the agreement and the award was made to the second highest -ranked firm for that group. The awards were for one year with options for two one-year renewals. On March 1, 2016 the Board of County Commissioners approved the first extension to the agreements for custodial service. On December 12, 2016, the firm responsible for cleaning services for the Tax Collector Office, CER Signature Cleaning, was replaced by Marsden Services at the Tax Collector's request, for an approved additional quoted price. Pricing will remain as approved for the first extension to the agreements, with the exception of the additional amount added to Marsden Services for cleaning the Tax Collector's office of $1,083.87 per month/$13,006.44 per year, and the reduction of $600 per month/$7,200 per year from CER's original pricing. Group Firm Location Annual Price Group 1: Judicial Complex K's Commercial Cleaning Port St. Lucie $203,448.96 Group 2: Administrative CER Signature Cleaning Vero Beach $184,920.00' Complex Group 3: 43rd Avenue Complex Tribond, LLC Mableton, GA $98,009.28 Group 4: North County Facilities Marsden Services Miramar $40,268.76 2 I Reduction of $600 per month/$7,200 per year for removal of the Tax Collector Office Cleaning 2 Increase of $1,083.87 per month/$13,006.44 per year for addition of Tax Collector Office Cleaning PAGE TWO C:\Users\GRANIC—I\AppDataU.ocal\Tetttp\BCL Technologies\easyPDF 7\@BCL@9005E6E9\@BCL@9005E6E9.doc P65 Consent Agenda item for 02-21-17 Approval of Second Extension to Agreements for Custodial Service FUNDING Funding for Custodial Services is included in the Facilities Management Budget in account 00122019- 033490 (Other Contractual Services). Funding for Traffic Engineering is budgeted in account 11124541-034610 (Building Maintenance), funding for the Main Library is budgeted in account 00110970-033490, and funding for the North County Library is budgeted in account 00111271-033490. These departments are all included in the General Fund and Transportation Fund which is supported primarily by Ad Valorem Taxes in addition to various other revenue sources (Half -Cent Sales Tax, State Shared Revenues, etc.). RECOMMENDATION Staff requests the Board of County Commissioners approve the Second Extensions to the Agreement and authorize the Chairman to execute them after the County attorney has approved them for content and legal sufficiency, and upon receipt and approval of required insurance by Risk Management. ATTACHMENTS Second Extension — CER Signature Cleaning Second Extension — K's Commercial Cleaning Second Extension — Marsden Services Second Extension — Tribond, LLC APPROVED AGENDA ITEM FOR FEBRUARY 21, 2017 C:\Users\GRANIC—I\AppData\Local\Temp\BCL Technologies\easyPDF 7\LBCL@9005E6E9\@BCL@9005E6E9.doc P66 SECOND EXTENSION TO AGREEMENT FOR CUSTODIAL SERVICES FOR INDIAN RIVER COUNTY, FLORIDA This Second Extension to that certain Agreement to provide custodial services is entered into effective as of March 3 2017 by and between Indian River County, a political subdivision of the State of Florida ("County") and K's Commercial Cleaning ("Contractor"). BACKGROUND RECITALS A. Effective March 3, 2015, the County and the Contractor entered into an Agreement for Custodial Services. B. Article 4 of the Agreement contains the term and renewal provisions. C. The first term commenced effective as of March 3, 2015 and ends on March 2, 2016. D. The second term commenced effective as of March 3, 2016 and ends on March 2, 2017. E. Pursuant to the Agreement, the parties desire to again renew the Agreement by this Second Extension. NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Contractor agree as follows: 1. The background recitals are true and correct and form a material part of this Second Extension. 2. The second renewal term shall commence effective as of March 3, 2017 and shall end on February 28, 2018. 3. All terms and provisions of the Contract shall be and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Second Extension to be executed effective the day and year first set forth above. K's Commercial Cleaning By (Authorized Signature) (Corporate Seal) Date INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By: Jason E. Brown, County Administrator By: Joseph E. Flescher, Chairman, Board of County Commissioners Approved as to form and legal sufficiency: Dylan Reingold, County Attorney Attest: Jeffrey R. Smith, Clerk of Circuit Court And Comptroller By: Deputy Clerk P67 SECOND EXTENSION TO AGREEMENT FOR CUSTODIAL SERVICES FOR INDIAN RIVER COUNTY, FLORIDA This Second Extension to that certain Agreement to provide custodial services is entered into effective as of,March 1, 2017 by and between Indian River County, a political subdivision of the State of Florida ("County") and CER Signature Cleaning ("Contractor"). BACKGROUND RECITALS A. Effective March 1, 2015, the County and the Contractor entered into an Agreement for Custodial Services. B. On April 2, 2015, the County Administrator authorized a change order to the Agreement for Washing, cleaning and drying drinking glasses, pitchers and cups following weekly BCC Meetings, increasing the total contract amount by $60 per month. C. On November 2, 2016, cleaning services for the Tax Collector's Office was removed from the Agreement, decreasing the total contract amount by $600 per month. D. Article 4 of the Agreement contains the term and renewal provisions. E. The first term commenced effective as of March 1, 2015 and ended on February 29, 2016. F. The second term commenced effective as of March 1, 2016 and ends on February 28, 2017. G. Pursuant to the Agreement, the parties desire to again renew the Agreement by this Second Extension. NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Contractor agree as follows: 1. The background recitals are true and correct and form a material part of this Second Extension. 2. The second renewal term shall commence effective as of March 1, 2017 and shall end on February 28, 2018. 3. All terms and provisions of the Contract shall be and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Second Extension to be executed effective the day and year first set forth above. CER Signature Cleaning Zj (Authorized Signature) (Corporate Seal) Date INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By: Jason E. Brown, County Administrator By: Joseph E. Flescher, Chairman, Board of County Commissioners Approved as to form and legal sufficiency: Dylan Reingold, County Attorney Attest: Jeffrey R. Smith, Clerk of Circuit Court And Comptroller By: Deputy Clerk P68 SECOND EXTENSION TO AGREEMENT FOR CUSTODIAL SERVICES FOR INDIAN RIVER COUNTY, FLORIDA This Second Extension to that certain Agreement to provide custodial services is entered into effective as of March 1 . 2017 by and between Indian River County, a political subdivision of the State of Florida ("County") and Tribond, LLC ("Contractor"). BACKGROUND RECITALS A. Effective June 23, 2015, the County and the Contractor entered into an Agreement for Custodial Services. B. Article 4 of the Agreement contains the term and renewal provisions. C. The first term commenced effective as of June 23, 2015 and ended on February 29, 2016. D. The second term commenced effective as of March 1, 2016 and ends on February 28, 2017. E. Pursuant to the Agreement, the parties desire to again renew the Agreement by this Second Extension. NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Contractor agree as follows: 1. The background recitals are true and correct and form a material part of this Second Extension. 2. The first renewal term shall commence effective as of March 1, 2017 and shall end on February 28, 2018. 3. All terms and provisions of the Contract shall be and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Second Extension to be executed effective the day and year first set forth above. Tribond, LLC INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By, By: Jason E. Brown, County Administrator By: (Authorized Signature) Joseph E. Flescher, Chairman, Board of County Commissioners (Corporate Seal) Date Approved as to form and legal sufficiency: Dylan Reingold, County Attorney Attest: Jeffrey R. Smith, Clerk of Circuit Court And Comptroller By: Deputy Clerk P69 SECOND EXTENSION TO AGREEMENT FOR CUSTODIAL SERVICES FOR INDIAN RIVER COUNTY, FLORIDA This Second Extension to that certain Agreement to provide custodial services is entered into effective as of March 1 .2017 by and between Indian River County, a political subdivision of the State of Florida ("County") and Marsden Services ("Contractor"). BACKGROUND RECITALS A. Effective March 1, 2015, the County and the Contractor entered into an Agreement for Custodial Services. B. On December 12, 2016, cleaning services for the Tax Collector Office was added this Agreement, increasing the contract amount by $1,083.87 per month. C. Article 4 of the Agreement contains the term and renewal provisions. D. The first term commenced effective as of March 1, 2015 and ended on February 29, 2016. E. The second term commenced effective as of March 1, 2016 and ends on February 28, 2017. F. Pursuant to the Agreement, the parties desire to again renew the Agreement by this Second Extension. NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Contractor agree as follows: 1. The background recitals are true and correct and form a material part of this Second Extension. 2. The second renewal term shall commence effective as of March 1, 2017 and shall end on February 28, 2018. 3. All terms and provisions of the Contract shall be and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Second Extension to be executed effective the day and year first set forth above. Marsden Services By. (Authorized Signature) (Corporate Seal) Date INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By: Jason E. Brown, County Administrator By: Joseph E. Flescher, Chairman, Board of County Commissioners Approved as to form and legal sufficiency: Dylan Reingold, County Attorney Attest: Jeffrey R. Smith, Clerk of Circuit Court And Comptroller By: Deputy Clerk P70 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: James W. Ennis, P.E., PMP, County Engineer SUBJECT: Final Release of Retainage — Donadio and Associates, Architects, P.A. Skeet and Trap Facility Improvements — Indian River County Public Shooting Range RFQ No. 2013017 DATE: February 7, 2017 DESCRIPTION AND CONDITIONS On July 9, 2013, the Board of County Commissioners approved a Professional Civil Engineering and Architectural Services Consultant Agreement with Donadio & Associates, Architects, P.A. for the expansion of the Indian River County Public Shooting Range in the amount of $104,715.00. Amendment No. 1, in the amount of $26,805.00, was approved by the Board of County Commissioners on March 18, 2014for removal of the proposed 300 -yard rifle range and Skeet and Trap Facility from the project to minimize impacts to the wetlands and existing shooting range features, and provided for construction plans and document. Amendment No. 2 to the agreement was approved on December 9, 2014 in the amount of $5,750.00for permit modifications, bringing the total contract price to $137,270.00. On January 12, 2016 the Board of County Commissioners approved the release of 5% retainage held in the amount of $4,101.52. Construction of the Indian River County Shooting Range Skeet and Trap Facility Improvements has been completed and Donadio & Associates, Architects, P.A. have submitted Invoice No. 2013-04.35/RET, dated February 7, 2017 in the amount of $5,607.52 for final release of retainage. FUNDING Funding in the amount of $5,607.52 is budgeted and available from the following: ImpactFees/Parks/Sporting Clays Course -Skeet Trap Account No. 103-206000-12001 Retainage $5,171.10 Optional Sales Tax/Parks/Sporting Clays Course- Account No. 315-206001-12001 Skeet Trap Retainage $436.42 C:\Users\GRAMC—I\AppData\Local\Temp\BCL Technologies\easyPDF 71@BCL�a90056E59\@BCL4 .90056E59.doc P71 PAGE 2 Release of Retainage — Donadio and Associates, Architects, P.A. February 21, 2017 Agenda Item RECOMMENDATION Staff recommends the Board of County Commissioners approve Invoice No. 2013-04.35/RET, dated February 7, 2017 for final release of retainage to Donadio & Associates, Architects, P.A. in the amount of $5,607.52. ATTACHMENT Donadio & Associates, Architects, P.A. Invoice No. 2013-04.35/RET dated 2/7/2017 DISTRIBUTION Donadio & Associates, Architects, P.A. APPROVED AGENDA ITEM FOR FEBRUARY 21.2017 C•\Users\GRANIC—l\AppData\Local\Temp\BCL Technologies\easyPDF 7\ BCL@90056E59\ BCL@90056E59.doc P72 Donadio and Associates Architects, P.A. 60917th Street Vero Beach, Florida 32960 (772) 794-2929 Indian River County 1801 27th Street Vero Beach, Florida 32960 Richard Szpyrka Professional Services through February 07, 2017 Tmis iS: A FINAL AP -LEASE OF i2E7141NAiif TO C1.l3Sf 'Pf20.lEC�: Invoice number 2013-04.36/RET Date 02/07/2017 Project 2013-04 IRC Public Shooting Range Improvements to Skeet & Trap Facility Construction Related Services: Bidding Phase Contract Percent Prior Total Current Description Amount Complete Billed Billed Billed A/E Services 750.00 100.00 750.00 750.00 0.00 Architectural 18,770.00 100.00 18,770.00 18,770.00 0.00 Structural Engineering 6,570.00 100.00 6,570.00 6,570.00 0.00 MEP Engineering 4,880.00 100.00 4,880.00 4,880.00 0.00 Civil Engineering 21,010.00 100.00 21,010.00 21,010.00 0.00 Environmental Engineering 10,500.00 100.00 10,500.00 10,500.00 0.00 Landscape Architecture 3,705.00 100.00 3,705.00 3,705.00 0.00 Cost Consultant 3,550.00 100.00 3,550.00 3,550.00 0.00 MEP Engineering Subtotal 68,985.00 100.00 68,985.00 68,985.00 0.00 Construction Related Services: Bidding Phase 4,560.00 100.00 4,560.00 4,560.00 0.00 Architectural 1,750.00 100.00 1,750.00 1,750.00 0.00 Structural Engineering 750.00 100.00 750.00 750.00 0.00 MEP Engineering 910.00 100.00 910.00 910.00 0.00 Civil Engineering 1,150.00 100.00 1,150.00 1,150.00 0.00 Subtotal 4,560.00 100.00 4,560.00 4,560.00 0.00 Construction Related Services:Construction Phase Architectural 10,260.00 100.00 10,260.00 10,260.00 0.00 Structural Engineering 1,580.00 100.00 1,580.00 1,580.00 0.00 MEP Engineering 1,820.00 100.00 1,820.00 1,820.00 0.00 Civil Engineering 2,330.00 100.00 2,330.00 2,330.00 0.00 Landscape Architecture 1,975.00 100.00 1,975.00 1,975.00 0.00 Subtotal 17,965.00 100.00 17,965.00 17,965.00 0.00 Construction Related Services: Closeout Phase Architectural 760.00 100.00 760.00 760.00 0.00 MEP Engineering 730.00 100.00 730.00 730.00 0.00 Civil Engineering 915.00 100.00 915.00 915.00 0.00 Subtotal 2,406.00 100.00 2,405.00 2,405.00 0.00 Construction Related Services: Meetings and Coordination Meetings 3,800.00 100.00 3,800.00 3,800.00 0.00 Coordination 5,000.00 100.00 5,000.00 5,000.00 0.00 Page 1 of 2 P73 Indian River County Invoice number 2013-04.351RET Project 2013-04 IRC Public Shooting Range Improvements to Skeet & Trap Facility Date 02/07/2017 Total 110,465.00 100.00 110,465.00 110,465.00 0.00 Invoice subtotal 0.00 FINAL RELEASE OF RETAINAGE 5.607.52 Invoice total 5,607.52 Aging Summary Invoice Number Invoice Date Outstanding Current Over 30 Over 60 Over 90 Over 120 2013-04.35/RET 02/07/2017 5,607.52 5,607.52 Total 5,607.52 5,607.52 0.00 0.00 0.00 0.00 Al/ Invoices are due upon receipt. A late charge of 1.5% will be added to any unpaid balance after 30 days. Any questions regarding this invoice, please contact Maria Davis. Page 2 of 2 P74 Contract Percent Prior Total Current Description Amount Complete Billed Billed Billed Construction Related Services: Meetings and Coordination Subtotal 8,800.00 100.00 8,800.00 8,800.00 0.00 Additional Services for Environmental Engineering Amendment #2 for AIE Services ERP Application 750.00 100.00 750.00 750.00 0.00 ERP 'Coordination 2,000.00 100.00 2,000.00 2,000.00 0.00 Federal Coordination - Corps Coordination 3,000.00 100.00 3,000.00 3,000.00 0.00 Subtotal 5,750.00 100.00 5,750.00 5,750.00 0.00 Reimbursable 21000.00 100.00 2,000.00 2,000.00 0.00 Additional Services Site Plan Changes 0:00 0.00 0.00 0.00 0.00 Total 110,465.00 100.00 110,465.00 110,465.00 0.00 Invoice subtotal 0.00 FINAL RELEASE OF RETAINAGE 5.607.52 Invoice total 5,607.52 Aging Summary Invoice Number Invoice Date Outstanding Current Over 30 Over 60 Over 90 Over 120 2013-04.35/RET 02/07/2017 5,607.52 5,607.52 Total 5,607.52 5,607.52 0.00 0.00 0.00 0.00 Al/ Invoices are due upon receipt. A late charge of 1.5% will be added to any unpaid balance after 30 days. Any questions regarding this invoice, please contact Maria Davis. Page 2 of 2 P74 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director FROM: James W. Ennis P.E., County Engineer SUBJECT: Award of Bid No. 2017008 IRC Shooting Range Hunter Education Classroom DATE: February 7th, 2017 DESCRIPTION AND CONDITIONS 7 4 7CONSENT On March 22"d, 2016 the Board of County Commissioners approved the award of a design contract to Donadio and Associates, Architects, P.A., for the new Indian River County Shooting Range Hunter Education Classroom, to be constructed at 10455102nd Terrace, Sebastian, FL 32958. The project has been designed, permitted, and bids to construct the project have been received. The project consists of a 2,400 -square foot structure with 900 -square foot covered patio area. The interior will consist of classroom space, offices, storage rooms, and restroom facilities. The site plan includes sidewalk connectivity, drainage improvements, septic systems, and a potable water well system. The proposed classroom will provide for a location for multiple agencies, including Indian River County, to provide education and outreach. The project estimate provided by Donadio and Associates, Architects, P.A., for the building and site improvements and presented to the Board on April 14, 2015 totaled $528,261 for the covered .porch area, construction of the building & site improvements and $40,000 for an approximate 5% contingency. A bid opening for the IRC Shooting Range Hunter Education Classroom was held on January, 191h 2017. Nine (9) 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 follow: Pinnacle Construction, Inc. Proctor Construction, LLC One Call Property Services, Inc. Summit Construction, LLC Paul Jacquin & Sons, Inc. Construction Management of FL, Inc. West Construction, Inc. Canaveral Construction, Inc. The Watauga Company Vero Beach, Florida $469,348.00* Vero Beach, Florida $536,666.00 Stuart, Florida $537,453.00 Vero Beach, Florida $541,500.00 Ft. Pierce, Florida $555,898.00 Vero Beach, Florida $556,790.47 Lake Worth, Florida $558,000.00 Mims, Florida $561,000.00 Titusville, Florida $588,000.00 * Denotes bid that was withdrawn by bidder due to substantial bid error. C:\Users\GRANIC—I\AppData\Local\Teinp\BCL Technologies\easyPDF 7\05 BCL 280565EA\@13C10_280565EA.doc P75 Page 2 Award of Bid 2017008 BCC Agenda Item for February 21n, 2017 Pinnacle Construction of the Treasure Coast, LLC provided the lowest bid, of $469,348.00, for the project; however, Pinnacle notified the Purchasing Division in the manner provided in the bid documents that they had made a material error and did not include several items in their submitted bid. Pinnacle requested that their bid be withdrawn. Proctor Construction Company, LLC. is considered to be the second lowest, responsive, responsible bidder for the project with a bid totaling $536,666.00. Proctor Construction Company, LLC. has completed various construction projects within the County, and has consistently performed work in a satisfactory manner. FUNDING The Florida Fish and Wildlife Conservation Committee awarded Indian River County a $144,000 grant. Funding for construction of the Hunter Education Classroom is budgeted in the amount of $429,830 and available from Account No. 31521072-066510-16017, Optional Sales Tax/Parks/Hunter Education Classroom. If approved, a budget amendment will be needed to fund the additional $106,836 from Optional Sales Tax/Cash Forward -Oct 1St RECOMMENDATION Staff recommends the Board approve award to the second lowest responsive and responsible bidder, Proctor Construction Company, LLC for $536,666.00. Staff further recommends the Board authorize the Chairman to execute the attached agreement upon review and approval of both the agreement and required public construction bond by the County Attorney as to form and legal sufficiency, and the receipt and approval of required insurance by the Risk Manager. ATTACHMENTS Sample Agreement DISTRIBUTION Pinnacle Construction, Inc. Proctor Construction, LLC One Call Property Services, Inc. Summit Construction, LLC Paul lacquin & Sons, Inc. Construction Management of FL, Inc. West Construction, Inc. Canaveral Construction, Inc. The Watauga Company APPROVED AGENDA ITEM FOR FEBRUARY 21, 2017 C:\Users\GRANIC-1\AppData\Local\Tenip\BCL Technologies\easyPDF 7\@BCL @280565EA\@BCL@280565EA.doc P76 SECTION 00520 - Agreement (Public Works) TABLE OF CONTENTS Title Page ARTICLE1- WORK................................................................................................................................. 2 ARTICLE 2 - THE PROJECT.............................................................:..:.:..........................................2 df ,. ARTICLE3 - ENGINEER................................................................'�....... r............. ............. ..... 2 ' f _._.............. 2 � �'/ ARTICLE 4 -CONTRACT TIMES...................................� ��.r�{........................: :-........ AKTICLE 5 - CONTRACT PRICE...... ARTICLE 6 - PAYMENT PROCEDUI ARTICLE 7 - INDEMNIFIC.;,, ON.... ARTICLE 8 - CONTRACTOR'§%EP] fit,. ARTICLE 9 - CON%A i DOCUME ,'. ...........tKc....... �. ...... .t ........................... 3 ON ......................................................... 5 v r ION . 5 .......................................................................................... 6 .............................................................................................. 7 [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] @BCL@18059934 00520-1 C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\®BCL@18059934V@BCL@18059934.doc P77 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 agree as follows: ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all Work as ,specifie Documents. The Work is generally described arld)lows: The Project involves the construction of a covered patio for a total building area ofC3 building will consist of a classroom, offici, facilities. This work shall include thoe all of Plumbing work as detailed in the p1a`an ARTICLE 2 - THE PROJECT 2.01 The Project for � part is generally Name: Bid N 213C work, hereinafter set forth, in the Contract f. classroomphd 900-s.f. {sem of the non-s)5rinkled id male>female toilet ectb�al, Mechanical and may be the whole or only a COUNTY SHOOTING RANGE HUNTER E, SEBASTIAN, FLORIDA 32958 3.01 The liitlian Rivr,Cou Public Works Department is hereinafter called the ENGINEER and will act as 0WNbE ; representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the corn;pleto't 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. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 120"' calendar day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the @BCL@18059934 00520-2 C:\Users\GRANIC-11AppData\LocallTemp\BCL Technologies\easyPDF 7k@BCL@18059934%@BCL@18059934.doc P78 General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 1501 calendar day after the date when the Contract Times commence to run. B. The Work will be fully completed (Final Completion) 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 as provided in paragraph 2.03 of the General Conditions. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the'99s'enceJeXthis Agreement and that OWNER will suffer financial loss if the Work is not torted within the times specified in paragraph 4.02 above, plus any ext ions thereof 6116,'Ed in acoodance with Article 12 of the General Conditions. Liquidated d'ar mages will comme"nce for•fffiportion of work. The parties also recognize the dela xpense nd difficulties MIDI, in proving in a legal proceeding the actual loss sufrcifb'jb)11/Nfif the Work is, completed on %.4' G' �L O':. time. Accordingly,instead of re uingg, an surd proof OWNER,> d CONTRACTOR q , J. Y , tiO.. ,� agree that as liquidated damages for Qefa. (but rmbt as a pealty=ONTRACTOR shall pay OWNER 500.00 for ea'i h calenderray &Pepwork.is t expires the time specified in .. ., ., paragraph 4.02 for Substantial C�oiipletion u�ti)'substantially complete. After Substantial Completion, if CONI : `'C:OR sh Iae lett refuse, or fail to complete the . 9 p remaining Work within the Contig' ,,bt Tifn�,.or any "per extension thereof granted by OWNER, CONTRA-TjOht,shall payWN1=R 500.Oor each calendar day that expires w:...:. x after the time spec�fi�:dnaragraph #x,02 fo <, pletion and readiness for final payment until the Work is comp et d a 2t early f8"kfinal pkw, ent. 5.01 A. Q Written Amount: or completion of the Work in accordance with the A"current funds equal to the sum of the amounts 01.A and summarized in paragraph 5.012, below: stated in CONTRACTOR's Bid, attached hereto as an exhibit. to additions and deductions provided in the Contract:: 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. @BCL@18059934 00520-3 C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\(BCL@18059934\@BCL@18059934.doc P79 6.02 Progress Payments. 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 StatutAwlection 218.735(8)(b), fifty percent (50%) completion means the point at .1`8 the County as OWNER has expended fifty percent (50%) of the total cost he construction services work purchased under the Contract Documents to etherwvith allrco5ts associated with 9 i ivlf://� existing change orders and other additions or modifications to the construction services work provided under the Contra'iaDocuments "'t Aft. 6.03 Pay Requests. A. Each request for a progress MkIR ent shall �e sbbmitted oneNd-he application for payment form su lied b Okand t, a licati'n for: merit shall contain �k the CONTRACTOR'S ;certificatiMP5,01 prd(i' ess payor swill be on the basis of progress of the work meas'Med by t . schedule of values established, or in the case of unit price work b se%on MIh�umber of units completed. After fifty .. Sr � tt. percent (50%) comple ton, �'nd purswant to Florida Statutes section 218.735(8)(t3e CONTRACTORMay suit a pay request to the County as OWNER folio o', a half (1of theetainage held by the County as OWNER, and the County}�as:.ONER shall promply make payment to the CONTRACTOR unless such am ha ar 11 subject of a good faith dispute; the subject of a clai�n�rsuant to Florida StatM81section 255.05(2005); or otherwise the subject of a�cIMAMObt deman1b Jhe County as OWNER or the CONTRACTOR. The C'�Z��knowj` ages that where such retainage is attributable to the labor, Mr'Yices, 8NAkitenalMpplied by one or more subcontractors or suppliers, the Cont}act hafF irnely remit payment of such retainage to those 'il!' �Y subcontracts- and suppliers. Pursuant to Florida Statutes section �2 8,735(8)(c;).(2005), CONTRACTOR further acknowledges and agrees that: 1) :rr.:,:., ,..... f% fity asNOWNER shall receive .immediate written notice of all decisions made by� . > 2ACTOR to withhold retainage on any subcontractor at greater than five.' ercent (5%) after fifty percent (50%) completion; and 2) CONT OR will not seek release from the County as OWNER of the withhe'Id"''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. @BCL@ 18059934 00520-4 C:\Users\GRANIC-1WppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@18059934k@BCL@18059934.doc P80 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 CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every 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, ME paragraph 6.20 (Indemnification) of the GeneralxConditions to ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter following representations: A. CONTRACTOR has examine other related data identified in B. CONTRACTOR has visited the S general, local, and, �nditions Work. the accordance with action Contract. the Documents and the iar with and is satisfied as to the progress, and performance of the C. CONTRAG OR is familia ``;uvIth argil s{s'ati'sfied as to all federal, state, and local Laws and Yc, vf� Regulations at may affect oos , progr6 nd performance of the Work. D. CONTRACTOR. hd§%'( efully &&died all: (1) reports of explorations and tests of sfibs rface cor l tions a N 'ontigu�bu's to the Site and all drawings of physical conditions rn or relating to' ;ex stifig sa or subsurface structures at or contiguous to the Site except Undergro P' Facilities) which have been identified in the Supplementary Gord#ionssfprovd in paragraph 4.02 of the General Conditions and (2) reports and °tN r drawings oHazard us Environmental Condition, if any, at the Site which have been identified in the uppleientary Conditions as provided in paragraph 4.06 of the General Conditions. 11 jf E. CONTRACTOR."has obtained and carefully studied (or assumes responsibility for having done so) all additional or 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 @BCL@ 18059934 00520-5 C:\Users\GRANIC-1\NppData\Local\Temp\BCL TechnologiesleasyPDF T@BCL@180599341@BCL@18059934.doc P81 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. 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 discrepancies that CONTRACTOR has discovered in th written resolution thereof by ENGINEER is acceptable toil: J. The Contract Documents are generally suffix all terms and conditions for performance and ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents ci 1. This Agreement (pages 2. Notice to Proceed-'(�pagi 3. Public Constructionor a, 4. Samplef ... � 'ficate of Li 5. Contractor's>AD7D I fion to indicate ?thing of the inclusive); 00620-1); errors, ambiguities, or : Documents, and the understanding of for P tiiraent (pages 00622-1 to 00622-6 inclusive); General Con4#ttiapages, �Q 00-1 to 0070045, inclusive); itions (pages 00800-i to 00800-11, inclusive); 8. Specifications ;s lisf& in Division 1 (General Requirements) and Division 2 (Technical Provisions); 9. Drawing's consisting of a cover sheet and sheets numbered AO.10 through P5.1, inclusive, with each sheet bearing the following general title: Indian River Countv Shooting Range Hunter Education Classroom, 10. Addenda (numbers to , inclusive); 11. Appendices to this Agreement (enumerated as follows): Appendix A — Permits Appendix B — Fertilizer Ordinances 12. CONTRACTOR'S BID (pages 00310-1 to 00310-6, inclusive); @BCL@18059934 00520-6 C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologles\easyPDP 7\@BCL@18059934\@BCL@18059934.doc P82 13. Florida Fish and Wildlife Conservation Commission Contract Requirements (pages 00421-1 to 00421-3. inclusive); 14. Bid Bond (page 00430-1 inclusive), Qualifications Questionnaire (page 00456-1 to 00456-4, inclusive), List of Subcontractors (page 00458-1 inclusive); 15. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); 16. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive); yam, 17. Certification for Disclosure of Lobbying Activities oederal-Aid Contracts (pages 00474-1 to 00474-3), inclusive a 18. Drug Free Workplace Certification 19. The following which may be delivered or Agreement and are not attached hereto.,,g Written Amendments; Change Order(s); 20. Contractor's Specifications). Assignment of of the to 00632-2 of the will have the meanings indicated in the General Conditions. No assignment b' b party hereto of any rights under or interests in the Contract will be binding on `r�ilfier party hereto without the written 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 be limited by law), and unless specifically stated to the contrary in any written consent to an 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 CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. @BCL@ 18059934 00520-7 C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologles\easyPDF 7\@BCL@18059934\@BCL@18059934.doc P83 A.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid 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 torlida. A. This Contract shall be governed by the laws of the State; fVenue for any lawsuit brought by either party against the other party or otheWse arising{out of this Contract shall be in Indian River County, Florida, or, in the event' %a fede bl jurisdiction, in the United States District Court for the Southern District of Florida` ;gp 10.06 Public Records Compliance '1 f'} 3 A. Indian River County is a public agen Contractor shall comply with Florida' shall: III (1) Keep and maintain public reg,' requ (2) Upon request from the County 11ZOtodian ofYP�. a copy of the requested records orl,,Io lie record - reasonable time ata :c"oSthat does eiie`ed the otherwise provided by 119, Fldoda'. batutes. The Specifics e Contractor to'Wfform the service. Records, provide the County with be inspected or copied within a t provided in Chapter 119 or as (3) Ensure that public re bf4s. th` t` i;�`. xempt or confidential and exempt from public records discAO requiremerAW.=are 660% s -closed except as authorized by law for the �C1t:. ?i . fv :• duration of the rontfa t erm and lllowing completion of the contract if the contractor does xi; A R. not transfer the re�i�ords`#��theCounty Iffibb (4) yfi7pon completib►of# contrast; transfer, at no cost, to the County all public records in po ession of the CoMfUtor or keep and maintain public records required by the County to peror herserhve. I he Contractor transfers all public records to the County upon comp) `r of%t"lief�c'Lntract the Contractor shall destroy any duplicate public records that are exempt or confideMal and exempt from public records disclosure requirements. If the contractor keeps arfr�� maintains public records upon completion of the contract, the Contractor shall . ,..- all applicable requirements for retaining public records. All records stored electroniealy'must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 @BCL@ 18059934 00520-8 C:\Users\GRANIC-1\AppData\Locel\Temp\BCL Technologies\easyPDF 7\@BCL@18059934\@BCL@18059934.doc P84 publicrecords(&-ircgov.com Indian River County Office of the County Attorney 180127 1h Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. @BCL@18059934 00520-9 C:\Users\GRANIC-1\AppData\LocaPTemp\BCL Techn010giesleasyPDF 71@8CL@18059934k@BCL@18059934.doc P85 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: INDIAN RIVER COUNTY By: Joseph E. Flescher, Chairman By: Jason E. Brown, County Administrator APPROVED AS TO FORM AND SUFFICIENCY: By: Dylan Reingold, County Attomey CONTRACTOR: for giving notices: Jeffrey R. Smith, Clerk of Cod .4iid-11"j troll &" , License No. Attest: r t� (Where applicable) Deputy CierC `* (SEAL 10 f �� Agent for service of process: DesigNal ed Representative Name: 3mesWEns, P:PMP Designated Representative: Title: Co Name: Name: 1801 27th Street"� ryf� Title: Vero Beach, Florida 3296 Address: (772) 226-1221,,x' Facsimile: (772) 77$1 Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION * * @BCL@18059934 00520-10 C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7 @BCL@180599341@BCL@18059934.doc P86 ?L INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: James W. Ennis, P.E. PMP, County Engineer SUBJECT: Resolution Authorizing Signature Authority to the Public Works Director or County Engineer for Time Extensions to Agreements with the Florida Department of Transportation (FDOT) DATE: February 9, 2017 DESCRIPTION AND CONDITIONS On June 1, 2010, The Board of County Commissioners approved Resolution No. 2010-044 authorizing the Public Works Director or County Engineer's signature authority to request time extensions to Local Agency Program Agreements (LAPS), Joint Participation Agreements (JPAs), and Locally Funded Agreements (LFAs) for roadway improvement projects with the FDOT. The Agreements contain expiration dates whereby funds would no longer be available to the County if the project expired. At times these Agreements must be extended on short notice if the work has not been completed, as FDOT cannot reimburse the County for work completed after the expiration date. Requests for extensions are routinely granted by FDOT, however scheduling between Board meetings and Agreement expiration dates can be difficult. At the recommendation of the FDOT, Transportation Regional Incentive Program Agreements (TRIPs), County Incentive Grant Program Agreements (CIGPs), Small County Outreach Program Agreements (SCOPs), and Economic Development Transportation Funds Agreements (EDTFs) additionally should be included in the authorization approval. The attached resolution provides the Public Works Director or the County Engineer with specific signature authority to request extensions for all LAPs, JPAs, LFAs, TRIPs, CIGPs, SCOPs, and EDTFs with the FDOT. FUNDING Staff will provide funding information for each project any time an agreement is submitted for Board approval. RECOMMENDATIONS Staff recommends the Resolution be approved for the Chairman's signature delegating authority to seek Agreement time extensions to the Public Works Director or the County Engineer for LAPs, JPAs, TRIPs, CIGPs, SCOPs, EDTFs and LFAs with the FDOT. ATTACHMENTS Authorizing Resolution APPROVED AGENDA ITEM FOR FEBRUARY 21, 2017 C:\Users\GRANIC—l\AppDataU"al\Temp\BCL Technologies\easyPDF 71@aBCL@1805723A\@BCL@1805723A.doc P87 RESOLUTION NO. 2017 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE BOARD TO DELEGATE SPECIFIC SIGNATURE AUTHORITY TO THE INDIAN RIVER COUNTY PUBLIC WORKS DIRECTOR OR THE COUNTY ENGINEER FOR THE REQUEST FOR EXTENSION OF ANY LOCAL AGENCY PROGRAM AGREEMENTS (LAPS), JOINT PARTICIPATION AGREEMENTS (JPAS), AND LOCALLY FUNDED AGREEMENTS (LFAS), TRANSPORTATION REGIONAL INCENTIVE PROGRAM AGREEMENTS (TRIPS), COUNTY INCENTIVE GRANT PROGRAM AGREEMENTS (CIGPS), SMALL COUNTY OUTREACH PROGRAM AGREEMENTS (SCOPS), AND ECONOMIC DEVELOPMENT TRANSPORTATION FUNDS AGREEMENTS (EDTFS) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) WHEREAS, Indian River County is currently undertaking several major road improvement projects throughout the County, and WHEREAS, Indian River County enters into various agreements relating to roadway improvement projects with the FDOT, such as LAPS, JPAs, LFAs, TRIPS, CIGPs, SCOPs, and EDTFS ; and WHEREAS, the FDOT has requested that all time extensions for these agreements must be approved by the Board of County Commissioners and signed by its Chairman; and WHEREAS, Indian River County and the FDOT wish to avoid having an active LAP/JPA/LFA/ TRIP/CIGP/ SCOP/EDTF inadvertently expiring while awaiting a Commission meeting; and WHEREAS, once a contract expires, FDOT does not have a mechanism to reimburse an agency for any work completed after the expiration date; and WHEREAS, requests for time extensions for the Agreements often happen very close to the expiration date and Indian River County and the FDOT wish to ensure continuity of the Agreements. .NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The Board hereby delegates to the Public Works Director or the County Engineer its authority to execute time extensions for Local Agency Program Agreements (LAPs), Joint Participation Agreements (JPAs), and Locally Funded Agreements (LFAs),Transportation Regional Incentive Program Agreements (TRIPs), County Incentive Grant Program Agreements (CIGPs), Small County Outreach Program Agreements (SCOPs), and Economic Development Transportation Funds Agreements (EDTFS) with the Florida Department of Transportation (FDOT). 2. The Chairman is authorized to execute this resolution providing specific signature authority. 1 C:\Users\GRANIC—l\AppDataU-ocal\Temp\BCL Technologies\easyPDF 7\@BCL@5405614D\@BCL@5405614D.doc P88 RESOLUTION NO. 2017 - The foregoing resolution was offered by Commissioner adoption. The motion was seconded by Commissioner vote, the vote was as follows: Chairman Joseph E. Flescher Vice -Chairman Peter D. O'Bryan Commissioner Bob Solari Commissioner Susan Adams Commissioner Tim Zorc 'Who moved its and, upon being put to a The Chairman thereupon declared the resolution passed and adopted this day of ..2017. BOARD OF COUNTY COMMISSSIONERS OF INDIAN RIVER COUNTY, FLORIDA ,By Joseph E. Flescher, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to Form and Legal Sufficiency Dylan Reingold, County Attorney C:\Users\GRANIC�l\AppData\Ibcal\Temp\BCL Technologies\easyPDF 7\@BCL@5405614D\@BCL@5405614D.doc P89 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Michael Smykowski, Budget Director FROM: Basil Dancy, Computer Services Manager SUBJECT: Microsoft Enterprise Agreement Contract Renewal DATE: February 14, 2017 DESCRIPTION AND CONDITIONS The Indian River County Board of County Commissioners purchased an enterprise agreement from the Microsoft Corporation in September of 2001. In October 2006, the Board of Commissioners approved two new enterprise agreements to continue the licensing coverage of desktops, laptops and server systems, as well as all future growth. This agreement covered a period of three years from 11/30/2006 to 11/30/2009 with renewal options every three years. This is distinguished from the December 20, 2016 agenda item which was for the True - Up for additional licensing requirements. The initial renewal was from 11/30/2009 to 11/30/2012. A second renewal was done which covered from 11/30/2012 to 11/30/2015. A contract renewal was submitted for the period which covers from 11/30/2015 to 11/30/2018. Due to the time sensitive nature of the contract the previous County Administrator signed off on the contracts on 11/24/2015 pending future board approval. This was not brought to the board at that time. This agenda item will bring the contract status up to date. The new contract phase will require payments of $64,363.52 per year for a period of three years. Since this was a known upcoming extension of the existing contracts, the funds have already been budgeted and allocated. Staff is requesting that the Board approve the attached two agreements with SHI International to continue the licensing coverage of computer systems and authorize the County Administrator to sign the Microsoft Enterprise Agreements. FUNDING The annual cost of the agreement is $64,363.52 per year for 3 years. SHI International currently has the State contract for this licensing. The funding sources will be spread across multiple departments due to the distributed nature of the end user locations. The allocations will be set up per the table below. These funds are already set in the existing budget year allocations. P90 Page 2 Fund Name Department Name Account Number FY 2016/17 Budget M.S.T.U. Recreation 00410872-035120 $1,792 M.S.T.U. Shooting Range 00416172-035120 $256 M.S.T.U. County Planning 00420515-035120 $2,048 Impact Fees Impact Fees 10320415-035120 $128 Transportation Fund Public Works 11124319-035120 $8,062 Emergency Services Fire Rescue 11412022-035120 $9,469 911 Surcharge Fund Communication Center 12013325-035120 $640 SHIP SHIP 12322869-035120 $384 MPO MPO 12420415-035120 $640 Beach Restoration Beach Restoration 12814472-035120 $512 SWDD Landfill 41121734-035120 $1,792 Golf Course Clubhouse 41823672-035120 $1,152 Building Division Building Division 44123324-035120 $8,958 Utilities General & Engineering 47123536-035120 $11,517 Fleet Management Fleet Management 50124291-035120 $768 Risk Management Risk Management 50224613-035120 $384 Information Technology GIS 50510319-035120 $1,152 Information Technology Computer Services 50524113-035120 $14,710 Total I $64.364 RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached Microsoft Enterprise Agreements and authorize the County Administrator to sign the Microsoft Enterprise Agreement Contracts. ATTACHMENTS P91 Page 2 1. Enterprise Agreement Contracts 2. SHI Vendor Invoices APPROVED AGENDA ITEM FOR February 21, 2017 P92 `r(C1;1_if;'lta pror-,jj'rt 5ic�i� turc? Form F1010f.75.17R7:i7.1/� h:3 - rtutu; h r,tur 0- upp tit�''tbttl trctivt3�itWrlbefs i33socicltt:d With rhe documrxtlet uelu.v P,ta,rosuil rr�rluitc. till] aspic aWd aCbve rtutnber be intficatod herr., or !,sled I:rtlovr os now. � �– --- j r , j For lily purpi7�efi�u1. trris darn, ,jStumr;r! ,.an mKill the i3ntnt� r,ntity, Enrolled ltfliliBFc�, 1 Govarnntent-Partnor; InMOtdtion, ur other party entering int+ a~ vol}uncr,-I Fnsfirg prnepnru-` agrogn'ignt.----- 1 _.. rhi:; signature form and all comract doculttent] idcntific:d in the table below prii ,'nlc rr+f mto batwet:n the r:r,stcri,c;1' nrtd til,. INicrosoft Affili;go s,gnirry, n:; 4f tt,t1 +]ff'"VO date idc�ntNf�_4't IMIN ':Cl or ant Number ur CO r3nl Nrniih�:lr or 5B --^----- i3y signing btattrrr, Ctr' iorner anti lilt, Mirxosoil Atiillute agree That bash p<uii+)S (1 ) hove rr�pnivcrcl, rI]ad tmd underslant) the t]bave canir 3ris11 Lt anctefiio beubou9any Wo d by Ihu lr m1;;oof l *,uch doctln,ent.,4ltod by raternncr3 clad any arnendmefiI% , t . 9 rax In_ h1dic, !tea rrogiiir'd &cfrf pay)„ s nl {ra,yilami,ynVeY,1(le1S9WrQ(tr6 LMAmW,all A,,h1r-11t-,1.10)(Ay040Ill? P93 Microsoft flriril.od Finat and Las'( Name i)rinted Tille NOV 3 0 2015 Sip aturo i9).ttc> {UatA fA!etuad(t,;�l+.li:al�r couutrroinn3) t _.Ma_._._.._.._.__-__. _ .,.. t.v� > DutyAuth6dzed on behaff Agrcavtn �ttt i Fft3ctive list l ir� Microsoft Corporation Gltly 1.� atl:K.con� lltan f,iiCtn3Urrf 7Qjnp4lil'O d:Ue) n Optional 21,11 Gntoiner aignaturo or (.ut$ourcer' Mgnaturo (if aplAcable) t'"irtrJicralr " indic.4frrs rrayrrrrod field if Cuutomcr rnyr.rires physical rnudia, additional contacts, or is, ropothng mulhp10 prtwnt.ls I nroNltt(ltths, include tho nl)ttr()pA-ate for m(r;) with the aignature lona )\Itor tact �iirtnattlre iorm is �,jpod by tho Customer, L,e:nd it and the Conti act tlocultlents (a Cu Mantel's ch;anttel partner or Microsoft iccQuot rnanagul, who must sugmit thorn to 010 f6loWing address. Iften the cign7hrre fonal is fully executed by Microsoft. Customer will leceive a confirmation ropy ifomsatt Ct pporation t)t>lat. G:i i. Volum .+ Lif:oiising (3100 NOil f 00d, Suite '210 Rollo, Piuvada G9a11.113% u'A �r:4lra(.13 if, lr1i4arm0A.", l4ign)(ti%a.4.nU�myi:x4+f'tA. ?JL I(C IXgtAu;)?+i 141 11z,v 7 -)( P94 Licensing fnlol,;nt:� I:nrutln)msl nurnhr;r r y •- 77r', j s,1 i ruAoaui I(7 !<�tiii !?t,n;uzl n irinc rnvtG s:, (j i J rlraviaua iilsrollniorrt ntlrnbef E3f1ri0:JU`d P 1 p r 1'1i:3�?r2 f(i,t'.nrEar kl ronq.;vt1,) :.:;ir Olinrspt r�tstl Ustcr Thi:. Enrollment frlt'st bra a taciirid 10 a sigMaturu Poral to be valid. This Microsoft t.rriorprlrc Cnrollmertt 1% umlarvd into betwooll die entities as identified in (1111 ai{Jnatur(; form as at the offoutivo dale. rtfirollment Affiliate reproar1nts ami wnirrants it is the some Cu3ttn ler. or W1 Affiliate of the C;UMorllCr, that onterad Into the Lnlerpriie Agreement identified on ilia progian tittn;ature foini, ihis Vnroilrlomt Consists of: (l) thBse terms and conditions, (2) the terms of the En(orprise Aljreument idoiltifled on th© xllJmturo form. (3) the Product Soloction Perm. (A) any supplemental rurdact infonnrstiort form or Previous Aveement,lEnrolirnrent fort'n chat may be required, (5) any order t: bmiited under thi Enrollment. Thi;) Enrollment may only be (into -red Into unclear t+ 201 i or later Enterprise Agreente rat. All terrns ue,ed htit not defined arc, located at hit .if.^rnrw.rrlir:res_;rift`cr:nr/iic:gnsf(rgtcptt(rac.t;i. Irr thea evont of any Conflict the tr .3 of thl:a ;iyreemeril conhoi. Ell`Elclivo (fella, if t nrolled Affiliate is renewing Software Assurance or Subscription Licenses trom 1.11!(4 or mora previous Enrodrnenr; or atlreements, then the) (sfioctive date will he the day ;after the first prior r--lirolirnent Or adreurnim( expn-rl; ur terminates. Oth(irv45e, the effeCtive (late will be lite dale: this Cnrollnrn. nt is atxepteci by 10irrosoft- if renewing Software Assurance, the r eooiler will neral to uisr_rt the previous Enrollment or a13reemcnt 1 -lumber and end date in the rcrspe:ctive boxes abovo. Tell% 'fhiy Enrollment will expiry on the last clay of the month, 36 full calendar inanlhrs frOln Ifm oftective (1,110 unMF SSS tlthtl !Wise frenewed. Any reference in this Enrollment to "day" will baa a (,11011(12" d3y product or(tor. The Rtnf iar will provide Enrolled Affiliate with F-mollecl Affiliate's f'roc(ract prir-,inq and older, Pricc?a .and billing terms for ;ill Products ordered will bo determined by agreamprlt betwoen CntrofW Affiliate and the IteCc?Ilr_r.fh0 I2aseilar will provide IlA{orosott with the ordt'r separately from this rvoifmmrit. Prior t nrullsnunl(s3}. If renewing Saflw;,cre Assuranco or Subs(:ription Licem,(:s from onomi-m- Enrollment of rgrer nu:nt, the previous Enrolirrnlnt of agri emijni riulrrhr r ,and 4ntl date must bo identified ui the iarpactrvra btmrs ✓above✓. If rvr7ovving (rain multiple or agreement, or traristr;iririr) SofiY+are Amurance or MSDN details, the Previous Agreelment/Enrollmorit foil, rtlusl ho used, 9. C►t�f[rait:if,,i7�. TP:1'rnG t13ed bUt ru,t d-ftrtnd in this hnralimont will have tires dolinitian in too Enterpria3e AgroomMnl. 'the folluwinct dolirlitinnc arts seed in ills C-molirnerit: -Additional Ptnduct" n'reans Any Produc.1 identified as such in thea Product List ani! (z IM -Nn by i ,rolled P3lilitat undr r thio UiloAlmi llt. Cli29iltnrC;pv{USj:SL( {F`.Iti>;(Ju12U11) fp;'rts i M11.1 p,,r.Urfllnl b:(tU-Gl'i t a P95 Vo 15:,1 Yi!) 1.;; Lic is r ; I c--) �J l nttaprisn (7nlinra a+arvicca" ilii=.rirl:➢ ;lily iarifiite 0r tO d091gArilad 44 air't f-nturilrlure ear\fine Sorvieu in the: lli,odu(;t Liat and f:huaon by t"mdkd Aflifiatra undor No Finn 1ment. Lrii+}irlirirr 00ine '.irrMMS .�If ke".Itod ag 011tin.::Sotvlees, exw-pt as nolod, 't"nmplue Pinel ur memo tiny Dt)aktop Platiorm Produal that I'Al-o!'oft dr-540.3tcia a-, Oil t;ntc;rprlso t-*If(.:furi in tlio Product Lill and cho-ion by Enroll;ad Atf!li:atea uudt?r litia f ltrollnaunt, FntUrprir:rr (\irsducts may only be Ilrr•_nted for oil Gu.)IifirE+'i flrver;ea and Quatificd Uam* on ;an Lnta+rprinrs•wir)c buff! I.rr\der lititr4 progrmrn. °i: pirrom DlatW Moms the elate ur"ola Vhitua ti',{a t i\rpttr( em Wi,tMS. '11)rlu4tr•y t)svl+:y' (akfj I'n,wari rat; liric of buninesi� drrvice!) niarans mW dtauiced teat: (t) 3 MA u:atarrhlo tit Ii, delploycstf confrrduration as a general purposO pc,ryonni cunputing Clcvico (suuh rru a prilaon:)l cornpub: r), a rnulli^function sntvrar, or ca commarvlally viable substitute for 0110 eat these syatr M% and (i'.) orliy employs ;an industry Or tsar kpec:ilic s:ofhvare progrirn (o.g.:I camputeor-ciided dasign progtafn -'Gel by an architect or a paint of mics prayram) (Indunlry Rogram'). The: dervire may ineiude lr �jtures and functions derived from kriioruuoft sofWare or third•parly softvr;are If the device: puifon-ris do-,klop f!.Incliorl:: (.such m ulnail, ord prorosw(ag, spread::tleets, dal; base, nehyork or Internet brow,,ing, or Bch adulirry, nr tarar;lr>nrai finance,), then the desktop functions: (1) may only be used for 1 -he purf,cara Of rcuia►Jofbrlg the Industry program tt:nu'ipnality; and (2) must be trchnirtaliy iniograited with thri induntry Prgrarn or erntrloy technic eeily onforoed pollcio or arciiftecttife to operatr, only when used with tt\r; liidustry Prorgrrarn furretipnnlity. "Quf'liflod CdcivlcW ma;rans oily pornonal dooktop c aivi flutor, Gr rsri,put(dr, :°rc,rt atatiun, of ;irndrvr dovk:o that is usr'd by W fur Ma Well! of Gnrotnd Affilidtr--'s f nIorprise. tt d"s nut ir,dWw (1) any rrimputor tliat is clasignated 0S a came and not resod as a personal Goo'\puler'. 1) ally Industry UeAM, (3) any iir_,rir,is 'running an emb: Mud opwaWg ayctt;rn (o.g., Wiridwas Piwna %) 91at durr, not victual dasktap WkastrvuWP% or (4) any devica that is not i iumigod nridlor controlk.)d either dirartty or iridireaclly by Emoiled taETilie MN E=nterprise. tznmlbri A(tiliatrr may 0000 all a QuAtiiod 1?avieu any dwme whioh wOWd be excluded above (e.g., Industry Novice). "Ci1uilifiad tier" tnearls a Pelson (mg, employee, wnsultant, contilgellt ,etaft) who: fi) is a riser of a Utialitied Uavicq or (2) nemnsws r,r,y serv„r softwarrs requiring :an Cnterf:rizn f'rrscJurt C:{i+ant rlr,rx:ss L, ensea or oily Enterprise Online Service, it dons nW i wkWo a person who acceaaoe conmr uWaire or an Oidine Survice Swely undor 7 Licenses idontilied in the cdualified tJ;s(ef exampliomi in MiJ Produe:t Lilt 'Rogervod Llcun!;o" moans for an Onlimi SarWae idantifled as otiyibio for t(uiA-upa in llrs Product UM, ibis Lit:ran:;e rustyrvA by Einrolled Alpiale prior to use Ind for which Microsutt will Itla,krr !fur )rr!inr. !';,:rtiru r{`1 ill,lll,3 for aclly%!tion. "Tiallaition' rr uriflu the r..onvwRion of ollre or Inorra I.ecollfw it) of, frons arovier 1.K.ifSls;spr(�a, iafhdratt8 pli?.fible forTfansit on and parmittcd'i'ransrtions arra icJl,ntiWd in to Prudur:l Li.t. '•'f mWlion t"-'rarioW moms the firma i 1woon the DensMon and the next Enrnllntclnt annryrn•,$ry 00W far wnirh thu'f ran;ition !E roportad. l iir� F:nr( ltkih!11 tanrlr3lGli {^nrolicncJ Aifffiu WS t ntWpriz:o to WWI, oe subuuribe to Won= for Ent+atpdoa 1srr,duct!i, LntesrFiri O Unlin+i Sovlaess, and Additional Prado is. GrimAlod ARAM MY linnOW irmwraun c,i^prCar,iine ;wfiwwara fine! Online Swvice;si n% tvoti air the ;3bilrly to tr,•ansiiiurl 1_icsanyr::l to 0115111) gorvicos whiio niaii,toininq Enterhtiao-wide covoratle, Additionally, EnteMdua UWMa Solvicw; tiny be purchD-sed urthotit £ ntc rpn;iry-wi+dra coverraye. :i, 'farflriva" Umo Rights-, Qf.ii llry)!-ig Y•'..Ikw)-or �iti,�P�:at�� tlPl�j l"F:3Pl^rle�1)t''P�. In addition to applleIANO lc ens of the "W"o Agreewont, tliP 1011evrinrg tents c pply to 0*5 r°nroUrnr nl: 1-t)ori I ilt':�!;i)(,itart)1'1) amp i! al 14 i':nr,,f:enul :EYi1 dt7 + i P96 faradur)t Liao 121t,ilN. For hnlrnfrrl3: prodliats, if a nevi Product vcr:3ion h.aa mrxei rn trictivo us;ci rir)ilts Phan the version that is currant at tht; shaft of the aUpljc tnble initial ur ruiinvaial ararm rat' Iha l nrcdlrmtint, Ihos+: mora ro:airinuva uaa rights will rat ripply to the Enroliod Affiliato's ucsta Of that {aiorAlct durinr, thra terra. Qualifying cy stolllu Uvoswao. The opetalinq rya;harn Licerlrms a'grtuited undor ttlis pfogr;3m is tipgradi Licensor only mull oiaiaratine.) sy-item L{o-miaet; _fro not favailablo under this pfta)rn+'aa. i1 l;nrulleid Afliliatl. .ea(;rls any Desktop Platform, Windows Desktop Oporatinrl ';y%tr,1111 tJ f c)rtadt!, of aMndows intune, 1111 Qualifiod Dq OW3 on which Frlrollod Afflltatc: (:xl)eets I,) run 1110 Wntlow& Deektop operating Systom Upgrade must ba lictift led to n.in, and have inrlalled on Hvmi, one of the qu:,tlfying opf:rraling systatrts identified it' 1110 Pro,fuct list, Matra that the list of opurcitinr,.g :3y;tern,; that qualify for Hip i!!lindows Dotikiop Oporating Systf!in tipgracie variea With the; i; ireimlrtinacea of Ili& order That list is more P.xlein!lit'C+ ill thu time of (lie initial order than it is frit gonia subsaquont order-, rand 3yctent refrosyher, dueinil the, tern of Ihts r=nrnllmrarll. Uxclu;ion:; are cubjoet to ch::inge whOn new vkt:--lions of bvindowsa tare rc•leaseed. 17or example: The follnwinrg We not cull+;idored qualifying operating ry:atcrn1,;; (1) ANY Wildwiva Homm or :Itnitar iidilion, (Z) crnbsaddnd •3yalon-vi, arld (:3) Linux '01r,50 :ire exarnplEs of exclusions unly and moy chrinqu. Plom;tl sofa Product List (or all current qualifying operating iystefrle, r,.. 'frtinsitionn, The following ruquiroments apply to T iansitions: (1) t_icenscs with activra Softkvaro Asat.rancg Of Sul),;criptlotl Llcellsla:3 inuy in Transitioned .A ;any time if permitted in the Ploduc:t fist. Vilhile Enrollod Attili:at9 m;ay Transition any time, it will not be cable to reduce Licences car associated Software Assurance pftor to the c:nd of the Transition Period. (i1) If ;a Transition is invade beck to a Licensvi that had active Softwaiet As3urancea aci of the riaU3 of Transition, then Software Assurance will rlf;eu to he rir-ordarod for ;all ,uc.h Licooses on a prospective basis following the 'transition Period snfl"xarra Assurance) rovein�ge play not oxcetad the tltaantity, of polpotual Llaeaosr-s for which 50ftwara assurance was current at tile: time of any prior Transition. Software, Apsurance may not btu applied to Licenses Iransfurrod by r-tirolled Affiliate. fait) if ra d_°vlco-ba3od Liaonso i+a Trinsitioned to a unor•basod License, :all uvirs of tiler d0vi+.4 rnel;;t ao lic(.n3ecl as part of liv Transition. (lv) If u! for•branad License is Tinnuitioned to :a device•b(aCed Liccanso, allrloviCr',± ac+.0 .cod by the, u:,er must be licomed tis part of the Trac Atitm. d, t;flovt or 'Trunsitiuil on Liconraoc. fraiwition will not affect Enrolled Alfi{iote's rights in poipetual License:, paid in loll. (1) flew version rights will baa grsntad for perpetual Licmasos covorod try Software Ass,uranrl3 uta to lhfj anti of tilt: -frnw itifan P adud. (Ig) i`or L81SA not gaatd in full at Itle end of thy' Trfin!;ition Proiiud, 1.=nroilod Affiliate will havla porp,atu;al Liconsea for a propoitionrd .url(aunt oqual to tho WWI rat Ira!:tallnl+ants faaid versuN t+)tal amounts due (paid;,vid payable) for Owl Tr<ansilloned Product. (iii) For LASA not plaid in full or granted a perpetual License in accordance with the above or SLiUscription Lirenses, all rights to Tran,itionod Licenses (.,,ous() at the end of the -fran,itinn Period. 11. t'r'icifTrj. ra, Pr)„ca Lovtit - rear hotly the initial and any (Onr3+,val term Ltirolled Afliliule'7 1'iicf) Um!l for call t�rurlrcts uederod under thin l mollwient etre subj:ct to Secticsn '?{c1)(i) of the Ictlt'21`arista pari-,+ nnGdllr;nt ;Sa'(i�li;'- I l:7 P97 t'I vt: i l U i'm-li i,.l t: c? ►c� `i i rig >~ ;t.prn•'irn+list, a xtrro,7rul+zri, iitrourailout 010 h»'rn of Iho EnrOilrntinl. viico icrvc-l's vlfll hss ~'t iurttJ in U r f'rodu+a SVIOCtiOrl 'rgri'l. b, t:uftir,i�ric:c+.;, t=nrs,ttrd r,tfrlicttr}'v f,nru� ror ()`3 11 1 r-) (1 1 tviti 1r:r r stabi.v{iri<f r?y it-,I1't:ueilrar Micro')y all,:; pnc;,�:c lar t;&sciluN ore fixOd thfol1i11101A 1110 Enrollmoilt ti.,rrt: ij;,srdrti tgrnn current pfir.(fs rlt the time: of tite initial order for th!: PI'C)riuct. l'itis iticludos the (cllowiflT (I) Ally f1k.11.0 prit;iny (it rap(rlic:)i31s�j: rod (11) rhir;o2 for Ttow'.00111, iodudinrr tiny (iris}, fulould it, trtn uqi. of .x I�r�t<!u t during it„ l•r4fv,sibon partod of opplif.,-a llo). , 169abSr' fa��t§Li `re�b"PS P-4 rs. `•'�Sit317111ir"r, r}t�fnt' t e35t,3rr.9ry,u,ttd. ('srtt;,ept :t0 mpy be otll�ir4vh:q 'Agtood to In tvritir1q, `r<r+rcat:'Jd cffiliah3's I ntt;, pri3n rn+isl h tot a minlrnu,r, of 250 QUolltivd Uoem Or 01-101iti d Uuvige;9. (i) hlitial Order. Irutiol MOW .MlWi irt,;lr,rde ai Ieart 250 Licenr,03 front on+, t -1f fil0 ft7l.rr t,)roups uullii-,ctt9 in 1hel nrtaduut %'nitsatiun Pgrnl. (ii} if ehUp!titliJ f rtforprist7 prrxiucIV., If ehc:r,lintl Ecniarl.rise t'rr�t9ut:ta nr a 7pttrifiC +ytoup Cutii,led it., tho I'r;:,duct satwliun Porro. 1=moiled rlffifi zt`".''£, 111MAI nrctus rrlt:ct ine;ludst .an t`ntC:rprt6r.widC 5�11(�Gt10i1 of Orli? C'if rlKrfr•: l�ra1?Ptin;:rl i•'rC3C1UCtG +?r :'st tn1Y. A tClltt'+,rpl,$R f'relclu+;ts and con,?sp�anefinp (=rlterprise Unlinu :;urvic s for that clroup (iil) Addikitui pfUdlrCtl. upon rmtisfyinq the rnitmilunl order requiremOilts r:rbove, fsnrollod Aflilinto may order Aucfltion:al @«oducls (Iv) Country of Us ii(}s7. Enrolled Af(ili. to mu,l spt"t.ify !hq Counfrio:l vAtCrs3 I..itsriir:<, :+ vvi!i hr� u,.3eci p11 i(q iriitial order and tan any additional ercletS. t7. lsclttill(3 Products. (1) AddlMi flow Products riot ploviollsly ortlurod, f nroded Affili;,ll'; MAY Gadd ilt>w Grderprise f'rucluats Wy unloring into a nttw [;nroilmenl of c`7 pa11 of z, rt:nc)v:at, P)c4v Critnrprise «nlilte ;ir:rVis:os may be: nddod by collWA119 a ftt3st?Uttr A1,3tiv a\s}dibonal f�+riducts, ctthur than Onfint Sol -vices, may be usgd if an order is pineed in thr month the f�roduct i; first used For htiditi<inaI ProrJuc.'is 11,at aro Or,lino Serviocna . ort initial order for the Oniino Service is rtiquired prior to Ufti• (ii) />ifc)ht() Licort4rau f��r ttrnviously ordared Products, Additional tivansma 1`017 f,rr7viort.ty t'>rricyrt?41 !''muurt> roust r}L 1ra,iur{cc1 in if nnzl i,uo-trp c,rdar. .Lftrtrllnd AtfllhatE tttust LICt7rtct Online ;rnlicry prior Wask, ttnlets the CAl1inP Servii:es arr (il iricntifierd as s;li!.tibl� irar truest t in the Pr(Allc..t t_ist or (2) included as part of other UcOnses (n q., I=ntel poso CAL). ..1 - <:. lrtrc•lip orders. Ulroliod Affiliate must 'Iubllit an annual trcie up o,ttAr that acraunt; fur ernce the iml+nt urr.i,;r oY la;;t frau-up ordcyr rncludinq! ('I) any irlrtnasr:. in L1r;afl1,1 3. inrhufinq .ray lrlcr0t3se in Quc,li&,d Devices or Qualifi(:,d Ut f!; and fPan'siti,3r1:5 (if pt nnitto+.1): or (3) Sr.ri3,r;rif>tion i.iI;anw tluantity rhrJuatiurtt; (if p:Nntliit:'d) (vlic,u"olt, .tt its d1wyetton and t�:; pu,nlitled by apt7licahle {ttvr, ,nay vaiidaiu tltU Cur;torllt>d U,ast-up data submitted through a forMal product dcsployment assecainoot, usintf an ;tpprov, :1<tll�vctrca Asset %nnagerneilt (*SAPr1') Paltnrsf ih;a true -up iN'dur rtirtst be rrcoivud by %,Iiurusofl bk Wf('ert tit} arn9cJzyts prior to Ute t n«:IUn xnt ortmver;,ary date, Tito third -year antliver:),ary h'uta-up Of "r is du l ittlin 3Q +Jsys (awr to the I:xplratiorr Dato. i-nrollod Afffi,etf! rrtr,y irate -up ilwrt; +3ttin ihr:,t, tit +at3.h t rttr7Umstnt .vulP�er ,ar % dtti,� rosrept for Subst;ription l.l,;urt. t r0CILI1 tions, (t} icIlititpelBtt Prodtict5. t,itr'olled Affifintre M1,16t deterrl'tine tilt± ourrr�nt numhui of �1+,,iiticild novices and Chtaiifind U -A'17; (if t3rde.ring u• c r-t,,)t;e:f Lic4nso) :end ,xsrlrn tier: Lircar +, cLif,,,t r e (it any), ln:;it-ulrn(1 any t;nleipn:tcs Ctrdint `;rrvices. n r,f 14 P98 1 -or ProducLS whirl) have pm&os uwd rend GAW My Licrna r(if (SiijFor 0111irle IdartlIftod ill, (fligiblo fol' to -WI -W.) 01'der`� i-icoonctis prior 11) u3t.. finit reMNU 1110 etticliiianaJl in EY+ET Clilliell) Servic vn�du;:I LIL Emohd kUmin nwM qmwwl of existits (moms 10 Nfirxosoft will plovicle a rqmd Of R be inQued fetroictivoly for mr, EWWWd AIM1310 Ond its Rasefluf. pipelved Licenses pdar yenr bused upoll dm moal W which w-,ervod, 01 Uto 1T1j()_Up f),,(jor. U W, limsp AM in not MaWd dwil duo 4) Prticto oft will invGiCUfor iiij Rijoelved i.i(1qh5c.'w rif)k .e cj)�Uctitpj!; 21 haticilionD and Siubgoripliorl ;.lppjjC,3WfJ). following Enrolinicrit c)l-,njvcr%;zry at s ition.s. Triln,'liftna I"ay ruSWt k%n(jjjI()nr,. till-ollod Affiliate ralist roport 1311 it, "it .I cA (V) rrjjvj ;llnd -,i rodvQb n of Li,. _11POG fOl' Silo VlJQwP ig, includod oil inCre<rrr) in t.i+,crnstJts to !4.,) W n(! Rhealye at and 0 Wv UMm' prior ordc-rs. pedtjc.jjt�w. in LKM!3 , Av5o(:.iatc.W invoil-*cs will r11` o refl(pO tfllA rhanq*. jlcf) (1-10 qualltily of jj.an�e floductiat's, c-ilrotted Affiltute may rcd (vi� - St -- ba -air. if ill tho N"Auct List �ir follclws. Isobscription I.Icajjt3e:i on 3 proupectiv be ij 1-(w Subsciipb0l-1 P�lrl of an L re kir all -,pplicable I quantity of Licenses wd Sdmaiv Am= roduc-0 if the tc'I3 'n Ifi d on me PM&I'l -Inlity (,f ()L1,1fifled DeVict-3 ifJ(, it e Folill. Stop -tip Lic.cwme", do not col.11.11. lowards, Ihi5 total count us 2) 1:0lot Il ;Dlt 0 -fit;ent, EntIniclilerprisil-flurwirt,t. roninlitr 1. @,epn5lle 1111ii.al ordel- f, .jtjin:lm'ent.5"jr(4 LicensesjiC;anc I.JQOnfiredt-lc�ad as tort() as ill(P , ,,,W Subimiptit-in LIOOW4,4, t!'Iirollod Affifiatil 'llily % -w FQr AtIditiat r, it ti -so Lj'011cs cquM 4 Muced In z0fa tmo of the OPP J.W Sasapti(,n) Licenso w,,Il be canixiled. idjusto -Itionf, in SA%mmon M Uw trump twQ , d to r(.1jeot Oily redti, War EmolWant anniversary datat and WWCNU 0% of Uuch date (villi)) Sato t,Lotofl'10111(. An update statopoill must be subnutted ingieud of a W1113 OP OMO'f- nilia, oljt.., L11. just liar up ordot, E"ll'OlMd MMWWO E~Wu hm not 0) - j:,,p rjr.(�d withFnt,,,rpfi-.w rnber 01 ountMed WC05 and ed i 'IS Ij the number Survices, and (7) jncI,(,Ogejj its of AdditionL11 or Lfliarprise. be Siqfled by Enrolled Affiltair"ll, 301lluflzl�d This VOWL0 k;ojvt3(.j bt3iwoi,,n 15U ond 30 Th pdate slOwmant nimist be m 'A0. 'rhe Tim Ughw ritalmn""S so Rt IMIA 'rin( to th�, F: anniversary (I 30 OoV5 prior to the Expiration Dale. For Licoilscl', cliylfblp Ir a stejup un6w this. 4itro1wient, ('-'flroiled AHMAO MSY OW!"llp ton hiollf-d0cliklun or suits 31) fV1I`qN1- (j) Fole :jjup_up Ucnntieli included an an initial ardor. EnrolledA0114110 rylaY ordr,r Lu cord"'-- I c - sm Im"Up piumn, jW OMM, EmWed Affiti;'Atf,- WHY �ilcl"-UP pq If ;;wpwp Licall",05 are not an initial (tat li, J, ,,, QQ,tI(j in the Section titlod 'Adding OWN f'r0c'ljrll' ( 0 ittili-.1ily by follo"plil , by tollc)wiritl Ill"t trot, -up tvtJrnr j�l v -( ve n for ad ,virit.1sly oi Raab W P99 ra:la ��^, WY' I Vr?I'(-if°i1f? Licensing tiff) ff I-aivollod Alfiliate (lige pruvinu3ly ordurod -1n Ontimic ;..rrrvlrtt ala on Adrl±tirmil P"OduCt atl:1 wkant:t to vtr:p-up to an Entelpri^,t: 0111iile .;ervire eligible foe a hiai,sfiion, 1W) Mall-ul) inay be reported a9 a Transition. (iv) if 1=nn)Ilr.d Affilinto Trrnrsiljorifs a License, it tn;ay NN JUL' ti) lurtlirlr stop -u)) ill: 1'r4ill itionvd t_iconsA- If C.nrollod Aii,liate chcw;ii:c, to al4t, urr tali! tlha ,top-ul) Uraml,a i; •:.,aparafcay st6titblr; t0 be. rramilionod, .lush drip -up Lieenmo mW/ re•Sult ul i-1 Licimso r.,duction at the C.nro1lrnnnt anniversary data following the str-PAIP jPoymont ;,forma. {` or tiara it+ltlt"sl r2r runmvaeil order, tirkroiirvd Afiilialt3 nilly t)ay uptfurll Tyr tieel to sl)rslatf its popnitnia ovaar thr) ;alij,lic::,blGa 'cna)tlinr)nt t< fill.If c•;frr<tracf p1ayraE;nts :rro etoraad, uniera� rndieaiorf otherv,rr.;rF, �,ticrc)ssift will invoice Fnrollod A.ftillite's Ra3ellOr in limia equal annuril installments Thr, first Iti5ta11inent visit ba nlvoita,d open Microsoft's accr�ptancc- of this Enrollment and of) each Cnroliroont .arinr,ora,iiy thtr?. ubt;r3quunt orders ark) inva!rnd upon acceptance of lite 'orir;r and (nr,711r:d Aftiit;,fce rnc'1y 010111 to pay iir)nually or Uptiont for Onlino Sarvieus Mrld up{ront for ;all other U0311Se5. i, J-5iri d 0f i' k'P6IhYt&Pf ftiIM 1fi(Y 't0P"i9/Jia'10f3. ;,f. G000raL At the Exprratian Date, L-nrollccl Affiliate Illust im modi.ztely order kind pay for Licr�tlsas for Products it ha:: used but has not previously ,;ubmil'ced r,n orc'Or, a:xrt;pt all sthetwraa provided In this hnrulimont. 13. Renewtai Option. !„t Ilia € xpiriiion Doo. Enrolled AfPAate ctdlt relicm flrodm(CI:, by rentlwir,) the Lwolimr:ni tof 0110 additional 36 full rxlundar month tarn or signir10 :r masa fi:firollinvnt. ivilc,-rosoft must rocvive a Product Selection (rural and retiriwal order prior to ,;r at the .�piratian Dale. The rHn3+aa al turn, will shit on tilci ti;ly foilov,ing the Expiration Data. wllcmioft will net unraasonnbiy rgcct any (erlewai. Micfosoft may nlala3 a chttnile to this 11rac1i:3m that wilt make it ner..eKsary fur custolner and its Enrolled Affiliates to ontrer into riew ,?tare:oments and Enrollments. c. if t_rirglleed A(Rliato elects not to renuvl. fi) 1,714fivanro Aws!minc:a. If V nn)llod AfGlinto vleal9'lot tO renow Softwart7 /a,g3U01lg4 f0f illy iarurJuci un�icr ily Enrallmerlt, titan rnrolle+:( Affifiartr3 unit not l;e p�,ru,ittod to crJ<.lr >oftvr are Aasurarwo 1;11er withutrt rfrrt acquiring LKEA” (it) rligibl4 forrran (1•xlooclld Trio+'nr it% fli kPrpcluct 1_ist31the folloWiflig Upton" `11c•dvalleb 'orifi litre rind of the Lrivollment imbal or re—Nal term. i) Extondod'forni, L1cam50 for Online ,,,urvices ,vitt automatically expire in ,iccordance with the terns, of the Enrollment. An extended tCTm frotuf0 kh t) cilio+v tin{blt ;acirvice8 to continue n 0110`1 to -month ('ExiendC(J TUM") is s)vailable. During the f > r-__ntirsd 7ertn, Untine >;rifvices will too invuie(!d rnnnthly +11 fila then ra:rrnnt aut)Ifhud pric:o fuer E.ncollad Afiiltate's Trico luvol u3 of the ExYpiiatiun Dam Ph,u .a :5%. i; adminisiratiwa I'en for tip in one year if L`11rnllr,rJ AffifialH Ju.as .m..nll an (vtr3ndi,d 1"ern,, Governttl,:nt Pmrimer Inum sub,nit ;) (mik" M t0 dAbsrn:u,ft, ft1ir;ttr oft rm�at rncciivu Ilii: requ3+st nal t sa lll;in 30 d3y3 prior to tale Expiration t).+ir . 'd) Qmwellation durinlJ Ext endod Torm. If f=nrulletf Affiliate has +.lptod for the [xle"cled 1'?crin and ieltlr detormioes trot to coniulur: ;villi tflt3 t xterji.jft) ('orrn, Govorru'riont p,F„inC<r must :submit a notice of c7nc;etlotion for each Online Survir:r. C;arlcu?IWUQn ,;till In, rffertiv+s [it the unit of Uit) rrtcnth following 30 bays offer t0il;M5011 ha•; received the nulice. (iii)Online :5iurvfcu:; not oligiblo for tan Iwxteurt(rd 'Torun. if Cinijile Survic>!4 ate nal !,entified af• eligible fof all f'i:tr ndod Tulin in ilia Product Lis(, the t 7,11'aen will t;a I;A',!W i1i'mG-0,;)NIO(Gi'it1)t111220i 1) i'iglS (i cit 1+S IJpCtIUle,it ::%`J-ri21 Ia P100 cw1l"'Ciilod :urrJ thrill to, rnunaIli -:.% of tl+ti t-xQir:aHr;i, Unto. Any Usl,%OdAttd rnr riin rrttrsl ti, ti-..illfll, l(ld -,lid riosiri�ytid anrt s nroifrd Affilial&r, knterpiia+s rutr;l dt.uintinut! t,Sri. iblir:+'aso(t ittoy ri>qucsit `.irittur, cortification to verify cul?tpliance• (iv) trstt;,rtJi' I)at,i. Upon expiration of telf1linalinri of a Lic, irsc or i ',lint; :;rArvic.3s. r_-nrolind Ait9UM—,) rrtuat lall N1ic.rosoit whither to: t} qli :aV)li3 its account r1r?d (i„?n riclic?ti,4 itn t.%uwtonirTr fhaiia ("t)nire t.is,!atir)n 1, r,r z} fidt3€li fig i;ltBlUn?r�f fi,ilti! i11 1 {iiilit9(1 (Ur)CIiUi) et ., klllt fnf :it IOWA W day* �Viar 1Xpr1'rallon or tt;17?)IniitiOt"1 ©f ti)ta (ICGt'ri,9 fr,r Su(lil crllinq :',iifVJC (the? "Reatention lir) iltot txnrollcd AffrliMe nl"ry vxtraut ils ou.'Aunua Data. :3) it tirsrollisrf i"•IR14110 indic7tAas I -110A 1' 04 ttr,i, EllrolicadriiAAifitf3t�i Nall not iii: t,l:,lr 1,7 F=xtrt�cd ttS C.3utilornt;r C3;atn. it t'nrolltad Affiliate Y•rrar+ts r3 itratuntilin {)urinri, t nrt' Afiili2t� will b0 able to extract itt; GLISl0ll)(;r Uata through hili ra:,(I rd proat+s!slas and tool" and E:nrolied A fil€-Wo will roirribumle NticRIBIAt 1f EtIO(c 7"`O .a;ly ac:1,)h(:;aV;ica c;i,at3 !a 11,10 sxtalr114110vnad try .al)plic ahlo lew. if t:nrnUr d A.tfiitf,trr rii,r,3 WA incilr..ald oitlt ar l7;rb3 1.7 1elVon or Rotcrnliun Pflfi0d- Pri€t:ra>ii>ft will r{ttt,in G:r,r{,lib:1 Affiliatal !; C1,16 i)r?tllr Oat;) In tsccorciranue will) the I;lAorition i�arltsd, f} Rillot, Mg the is plr1)Iie11 of tho Rotalition Pala iod, t4clrrawc3it tri11 dit,3hlri Lnrriiirod AfiVi€t1!u''1 aa:��urit i3nd th(m dr;Vijte its Cuufotiir;r D.,Aa, } C:t)fs7i10d .�.ifilititta rigrr)nS tlil?l, u1hi;•r theta ar} tla'+t3Cr€tttsrt r+br)Ur�, €Viicitt;'.oft itN3 Itn tit?Ilyatian to c,o)tirluo to hold. exlaart rix r+9ttirrt i2_nrolltad Affiliato's Gtlt-klrnur ill+irt. unrolled AI(llato at reek mic rosoll has nu ii,bilily rrhain;uover for detolian (ti l:nrollr�tl Affiliate'* Cilf;(olner Data purfunnt to thtis(l tonna. rl. 'i'(,tinIJl;Al00. (!} Tarrniriatlon for cauzo. t€tht)r party to an Er'u'olirll0fit nary If)n,linatu iii till oltwr i)elrty t7, ,tariaAy bcr3achc:i its; rlbiiyrilirtntt trrukir thin. ,rrfrAt;liltratt, inc:lc)c1€11fi Lilly Obligation to submit or•dor3 Of pay invoices (ovan if slur) non -pa ymm)t is t:nu! eti by nun- Il�propri ition of iundsa). Except where tilt) b10LIrh is by i(a nalurrs not eun,ble within ",G daya, III(, tri;rminattriu Warty rrru9f give: (Ile: other 1)urty :30 days notice and OPPnrtunity to cure.. (ii} I'I,e pattio rir;knnwI0dgc sand t,gree that tho ,jtuta of hlorida'tl pttetgn",?Eini g an -0 ublig:attyn to p,ry uirflor thm Agreaoimnt is; coritinOr)nt r1P011 to ttnrnr,l appropriation 1,y the t_+xlislalurt . In the evt nt funds ara nut Rppl,apriated by lata hr riiolrsture, the :,tate of f-'lurida wilt provide 30 do" w1ilten notice to Mirfo!3,. of au:th nun-jlppropri.ttion and Intent to ierminlittt any applicable Enrolllvltani:i. (iii) Oil) t_:Eirly fal•nlinatlran. if (1) .:;r, 6srollad Ailitlaf;s i,arrtlirtsiie+rs dei I,,)rrailmu,ti r,:z a teaQuft of ,i titre ss t) G'y fAlrrr,;afill, V, (>,) 1f �Rirrafinit WInritristOg an C?IU011mant Imna:Jsc? th14 € fift'lir-Ai Aitilir:,t?js t1,�1� r t r1,tr tr.ilii ri .•.ifilr,ttV Of C:uaUa),tr,r, r,r (!) i..srU,,liltlil lvfili„ic t rn1,i1:c1h?s Lir, _ ,�pPrx)Gtriatigrt (it ftllirtr,, cif (rl) FrHrrc atift tur,nuuttt+ an t nrulhtuat( for rtarr1,)aymortl due to firm •• 3pprupf),citiOn of iunduu, tilos thn 1=nroll,ad Afiilirilri will have tla�a 1 11''rainit')O'l , !t may in,rit3di�toly nr,y 111,? torn! ram inir,g ar„Ourri due, IJt;;Irsdiriti alt instrilLrlentl, irk WhiOh Loge, the h.nr(.,llud Af(ikAl) t'hll havtx rnrrpOlu.-A rigilia Irl( MI t.ic�nr:e:; it 11,1t: rnilr rri'i. t,i x it r1my Inv/ gni/ sunaunis:, dun nc• t,l lhv temtiJtnUclit datr>, In which x.350 irua Olrolistt Ailifrntr_t will luvr., preroraual Lia s)n:•,+.a fo,' ii all u)€',its t,f PlodUOht (inrluriing the latesl VCraion of hrorLr. , Ordorcd uneit.`r ,:a� r,'avt>r,gs. in the attr mt tenit) for whrdt pJ.,yrnratt hrls boar) rnt)da in full, and r) lith r+urnVt r of copkn, Ui 1'rtndu sit has; urdo+(dd (inrlu;fut;3 thea i<rt:Jat v;�r,rr',rt tri ('rarhra OIjierjati lllkh)r J!i11Yie,U'G Avltlran.: covortil. 0 1x1 t urmC rkt tvrin) El:lI I:i ftflJ{?ryfl,Vrt%,1 to (1,`1 Iotal tyf I:rt.ditt tl''r,1t,lCrV€.'v'ti;<►.riit:rlr;1}(itrr1111) t.+.dy4'J tlf Irl I`ritiVi+71ri1t !at:U^>>'t'1? P101 7k J i `!c I vfi L1�:% P�;;r1t It.l inbloilloulit payn'ievils liald \!amur. total ctfnaUnts duo th,Iid 811d 07'11"0 if 11 u, +tally Uatfn« uAwn hrrt clot oCcumat). Pdolh f,� ii5 t}ti:5 t c:rtir,n shop t,ftecl r)crt?r.0.r tl Uconsa rit,Jh13 ,lCflufrsd oyrcen'renl or in if 1lifor turn of tilt' tttrnt:nm;r.d Clituiimont. — ,. fig) Ffrect of tormination or uxptrautnl. +r,,,:,. ' lr.rn�inat�+ri• d Gnrollad F\fSl(i�lo Itttlst otifor L.irun:ictS iqr :ret cr�pi+as of PIrsducl:, it has run for which it 11,3s ,lot pt+jvicluv.iy t;ubn»tti:ti an ordol. Any and iii t.rni' old p 7ynac7nts nr ,.toy ardor of any kind. irtcludinq sub�tcripifon services, forn2i I dors. ors ,5nd p�synble Cm;upk wi piuvidud in the �ub`;uctian 1itlF,d 'Early lcrn77n,.10011, ;all uttp nt1 i�ayrtleflir5 inr t.tt anc �s immndi7tt,�ly becnfna due rn,d fa,,yrak7lo lrnoiic,el tSfFitiatJ'9 richt In Software? Ascureanc:n horx?iit.� t.7ttdcrr this cir;raent nt �sltdS it it dues not rr7nest Softwares AnSt)CMICo?. (v) iiRodllication or tormfnttifatl of art 01111no S()r\1jco for rctftul;atnry rounonn. Micr000ft may rnodify or tortninato an ChIliM.' :; 01000 whore titf5rt? is wny cimwni ar tutur�> yovernnawnt rectuiremcitt or obligation that: (1) st+hjttt;ls Micrrigoft ti) any real3uirslit,n or foquirGmr;nt not rjlpnerrtily appticohlt? to: busint-7ss(?s Opelatirrt) Ihtara; (?.) prasfsnIs a hardship for hAlcrosoft to (1,01111"100apc;rAti)U the Cmlutr: tict,rict� tivithout nkr�dificatton: andlor (3) causes Microanft to belit'" theftn terms of thr. Online S(rvjc.o may be in conflict with ally :>uch roquiren-o oat ar obtiyaUon. Vor G xample, fvtirr•-)soft may modify or tCnniflate an 01 -dine SorAce, if) connactioii :vith c7 govrsmment requirement that would must' Microisotll to tics It-guiated ns a tf�irr�r�ntmunication'3 f,rovidar, (vi) Lair rprisf7 Agroulttont Prafiram updates. Microsoft may nt:ak:e :i 4han9e to this pr"firarn that velli nt.ak�3 it nece6sar� for C listornc:r and ita l=nftafic;d nniiiatwt; to (Inter trtto netw ::tyrooinonts and Gnrollmentu.l=c7 Subacriplian Licernses, in tl1c: event <7f a bre.mch by Morosoft, MiCr030ft will 135" i!e sfal:;r ;.t credit "7ur 'any amount p,)id in advaneo that would apply tiflee we date of trrrm4);44 :n. !?d!tU A trf i•! iA4) 1111 na3o't(U'�!`ii.�'.({':bl:a)(,iUi2t)1I} P102 F°5_fx'ca ]Vc) �1.1'f-q'iE`? joppmjont &00-13- 1, r=nrisll��c a ilit�iis'zt'nt't;rprJA"O. Idr,ntify tvltich ,\tilliaWS tn'a inrlu,: Od in it cj Untrstprier: Check only one bar. in Ulu soctiort: =:J rnrntied s.+Cf's�attt (_� (:nrUHrjrr �liftli:,us e�ntJ fho fatiovain+.,l nftiii;,tt:t6); 11] l.'<,nw k d NfQi:it%a mml ail Aftcittst -1, wth fct6rwirtg Aflifintof;ri e%cludM .qnasv inrlir:Ettr, wholhor Zhu UnraiNd «(iili: I e Ori1krpriZO Wil( tnCiucfe all now Affiliates oft:.r it'rc: :�taart of thio t_eCiU(3e future Adfiliata;s confact ir)torm.atiom Ewh party will nutify the Cuter in t.Mg it any 'sf Mu h4canaHon in the follawhV ccxdvIct inkInvatiull paged) changes. The astwWw t') mdicatu rmq Mad hWdr. By pmoding contrtrt h*wroumn, Enidlad Aililime contents to its Us,a or purposes of R(ic•rtlnistering this t-rtroR,nent by Microsoft, i13 Air liaton , ;znd nMw pwNs that help adttcini;ter this EMW1 tient, The porsomA information provided in rranneCtioa with Us rnrOment ,viH 0 used anti protected in accordan4o ta04-1 the privaa(;y staigm, tit availabic at I•c1i>5r.;ilvfww �nu3ro5,�Il.rcun/liaen;�ingisFrnr�Cr:±rter. a. lsrimiry Contact. This cordact is thi, Urirrtafy Contact for the; ghli io'lin:9itc I volUii'90 (.._!cei'l lnj rlr;+nt (5riflnrt sr;re;,rs if) rsFllnr=,. anti (.3) lo-;uthurf'eud Iqr :.+0047—Rh0 0111irte 3grvu:C4 to ttij:� Vr rrttiatJgn Lit•cn,us, stt'PA11:+, and Initiate Tranisitiema prior to a trit3-ttp order. !;;,:j ;'iim3 as rlrirniuy eorttaclt :ftutsa Uf olleily' +' f}rltmit wifilov rir-at tt:it "'0110 1A �'ilafitt addrarttr' ':sSs'QYrt 18fli�i ri t4 Ci" t;lty vltatfz%ft rev l l iofi5 tln?ttal fsttrlo' (tror U 4. adtf{6yibnow p{omg (.1rOMO he Rife , t, ,i.fr• Y.'/. c l.•x�tY :j COMANP (.,j1Lj;tri' Pax :,triryit(eCfs� Infifo r$1113 1. r:hotiinr:: Flltr I ar;Guti(yet for 1b"li','0& r ri(lit+ah •fhfti SOntoot lc 7 1111":I PbAY (nlSt t11t: Elifulk:d i�ltlllOtif� 1+d;)Yni11,t% .Shit, GCril:1L'l tur:k:P:r:.:. �aomal 'illy idolitifiviblo InfgrlrlAtit)tl Of the C Ualornur znd Its A(fihak:a q, ankrot3rl'fi Aar;ount ttlatlagdr. Mioto-,wft Aecounl fnr tht;: Ft;iuilr,d F1(i,li.:lc is: 14iir.rt,sr,(t arrruullt rroonahor naino: Worogoft OCC041nt ln.ttlagor uutall addro,,;Q: ti. Niodia (10tivery coritact (GC NOT Ct:)4 ME.1'G I(= AT t'.Ai;t'tltfl 1•v1€:[)IA ELECTION VORM), Ti'et1 ie, the coritn't at til(; sh,P tGh40CI(Onir;,: Winery txMs. -� iarn4 jr nt,tlt en Uutttnct Jnr;) t3n1'trre Adrrtini<;lr:.,t9r t`d.tYucj pf r?rttlFy" Gnntaut nrat'nr): i iret" Last* c:untart ea,rrit addrosss (squired for oniino accuse)* tjtmvt addrvue (nu PO bOxCG avon(ttarl)' Gity^ StatolProvincob Postal t;ratio^ (f=ort) 5 :acfdne srs, plc.tso rrravidrr lila xil)'" A, n•ff•:�:cxxr, xx;s>;l C1yt Aq, Phorlo" Pax u, t)nifnt) :inrvieean tutting+for. Me r,arifapl la uutiiorized to iltdnfjgL. II)e 0111irta a%,rvit:ca fir(i@?rC'd uridi-n tilt) L.nrolinr+_sit '-"Id (lor aplActatlle 1.)rrlinu :it:rvic!)&) to r+id ur r+3ttsWgn Lic :nnrs, Step-up, and iittttatr:-(r:anr,tti(itla prior to -) lrtimal) railer ED ;;cine as nokol C Ont7rt and Qnline Adnanfsiratur %larvio of oiltity" t5r)rliunt n;ttttu^: i h at Last t.rltttttnt 011'40il tt>:ifiro; V Cify' 3latolilrovinco^ Posml undo` {:r.ttiiitry, 1'ilrtno' fax1. TV GaMar)t is irurn a third party urlflnl MIn OW 010 tlntity) i;v:.ln� mw 1 hm cors -1t t rocetves (u11'sontilly i(bstltillablce tnkon'nawn of file mon pn%ollor infortrtatiorl. ROSellLr Contact fr,r this Enrutlrncn# is. I;O:r)tfisr rqutft:eny nrrnto` ;fit Intrrn:ltioni)l Corp Aeoot aditrous (PQ Won avfll nut he pecoGtocl)` 290 f);rtidwn Faye City" :34t'nt?ic''t ::t3tRlf'ravirtt ct" ElJ politnl (:Ur_io" 03673 Comill-1, US ��, :;r,l4acttt:• F r'atFu .d of •_•�'l.il F ! IiJtif;,•lv(iJ:-•'f;i�l.1:)(iadtS)f!U17Q 11) P104 • ye• f I,,folurnie Licel1"hili•;) i t3c,e?f+act aiti9nil it('{ttl�r>iiA' '{'{ �...;t�_. ti'Y�.�1A_• i, 'til::+ 3nr•�cyr�nryhetl +tcitltirrn?; than tilt.•+ il,lurriTot;on in r„t>rrrr+;t. .. I�IiIRt�' f)i t2058I1t3r” :•i1-11 Inl4:rr13i(t)11::,l COrI)___.w.� {)1llilod title° ji 1�l ,i'_r. Imo_.... .._.. ._.__.._.__ _, _ _ _•_._�_.....___.� t.=trttu'M1 .,�._...__.._ ._.._,�.-..,... Cwt ailgifig a tail.;01101'• If faiirrowft or the RtY:zeller C1110vu s 10 ril3relatlfletft t,le3it9tt l)rJ$III.":'SG emv.11 other, El'nreiicd !Affiliate; MIJ51 chance a WlOcef'vinnt Pe!anllor It icnr filed Afhlirnt,a or wittt tiro Rosollur intends tcl trrrninate their relationship, the dlitiating party nn rat notify tv94cras011: tilt.; other haily u:iine� a fermi provided by Micru,ott Lit Ir:a&t !iG d,iy3 Prior to tho date on which the change is to tGike Olert, g. 1f Aftiilata require tT ,npurl,t(j c(;rltt:ut for :any of thu f011ovving, eitat:h Ilac Frrrrl Online) upPlrarnru�l:.nl Contact htfurntatipn fr)n71 i-Nhunvi;;o, rhr) n olicus conned �uminr,frator ignLsin? lhO (101,1ult. ° Additional nntics)s',rOnlaet o sir+{t�%'tll'q l�gi'it1Y'�iT4t Yiri]rl.'1rafSf o ;-;tl!i13CPlj)l!niTS roast, . cr ,. r'.e,:stbrncr ::;ulsport MralTagrrr (rrSf�i) 3;nnt�,trt ,:1, i=irl ricin j elocfion's. purchn' ,.(i under this Enrollme:rll being tinwtc,*d through fvi'3 Fina'161) 9'1 (� `; r;.t , CJ r10 ?=1'.':1I i Lnr: iirvtll2:N;l.'")(1,M-0)(.ivl2o9 n ) i'urt^ i t ui 1 S P105 �r�iZ�,i'�.��.ra"ift, I Volume Lic:r:�t'7:;ii_,�, rind Enterprise `�Ubscrip ion Evirollrr�c;C. 1'roduct')'election i==ornn -- Ament� nient ID (Rl M �piii►;_; 1"lir; following t'r)pliWO!, iitr3 Eit1t)t3t�rd C--.wtorpokle and Lr}t�tryjie ;�i11i3�ai{?tinr°t f;;nraiitnrMtit f',orlur,t :i h3ctiGn F;nn ;;toff Arttr:nils the "(.irder I�r�quirs)in�rrt." :SE:piirril of the L:nrcdUitrsnt. i Iris A.menrin}tint tar}7olrs thO Enroliutl M111iatrt it1•3 ,awllity to rru�(a fhFt Initial!:rtrWtrm;<ntyGtd+;`' ft?r:jt,7iryrn rlrlai with r'rCriiUCt� Ulhor tl"ft1n FiftipriFe t'fUCa llCiS and t;.ntur pfiaE, +1fiY+ttr ..,�n/Ic,rt.. I"troelur:tg. 7hr:5r, f°rndur„4; Lift! C; iptun)ti under the Klattorrrt Gp#inn of "Ynt( rt/n;tu ! rcd+sct f o mponerit;” spocifiod in Step a ttsfow, Eruc}Ilnd tritiliatrl miry xt3lect "F'nicnpnso Product tJotrgrctu.rtt;," fin oli Qualified UsetrsfiU+,vit- t'.itiwut the (+ydu3rcrnent of al3p having Enlerprisre 3'ro+3u+;t; of f r�iNri;isr. CJnlirre 5ervi(:e•, spccifiod on this t�mendment. :�tttta I. 133(>aor:, 111dicfrtt) to hol.htrr Cnicollod AlViiinta i3 UrdWirrp Y.ritttrltri3o Producis,I or L•r+torfirif;o Unlit}+3 !30r%'Irt)s On till) initial mirc,llinnut ordor. Choos(.° 110tt7 ii tpl)Yictrpitt. 1,:_'J Entt rpri3a E'ruductS Choc to plattonn option: Compor)ents c+nly (rtot full plratform) (ivalifif)!f.q(tvicuta:425 aualifledUsors:42.: t_a r'.weirprNe Online 50rviCvt4 'Stoi} 2 8otuct the Producitt :arid gtlantitios Enrouatl Affillato IG ordoring un Its Initial Enr(tltmtrnt Or•dor, t:lu:;ntfty cony not inctuda ony Licences which .Enrnlicrcl Affiliate has Ynr alttirnal future use. or to vvDich it i3 transitioning or ;tapping rip vvithirt taarnlimr:ni term. i'rtxlucts (Or which ttio fz-nrollari Affiliate:t h3s aft option to tfansition ui step-up should bo listod in'�,tep g�a_."> r'�wpl if`.t'tt(:d'/tiita):)L4il1:FsC.yji.'•;Ci.'.t1f 1) t'* 1.41 r;riCrrr'hNld %,i f�. (,111 f:3 P106 if •..010winji VvIndowz i3crt:'xtop n,' w1odowe inti1110 c,UtWii, f 11'•rt" %rltolivJ rliti (kilo u km)Wl,7dfJfV lhc3 tit ¢rvru ,i. rr. Yhu t/!'urdu,v:; Ut^skto l�polalinry 3yst�rm tiprlrndrZ ftcenses oilerrr� 11•ulauglr tiii;s k:ltrritnrr:rn art; n[,t lull licarrs,ts Tire �nroilyd Irlliliul0 ,lqd ,.rrry irn;±url:ad hfhft rlFrs h;rw: qu,tliit;inr vpor7ting syutr:rfl licringes for all dnvir;4s on vrhicir the VAldews D0,3kta13 Operarting SyMom Upgrade oT UVindO,,vS 1,11pno licen:;a:s Al(, run u, in ordur to ure a third party to Talmage lhu WindoWn Oporalinq Sy A(in) Upfirade, l"arroltt!J ? Ifdctt<t must cgrttfv fh.rt nrcrll�;+1 AftiliRka rtiat. rtr..rluti,o:9 quafifying rp;ir,.rtitrt, aysfnrn lic;:nscta. :•;r a Use Prodkict lilt for dolails. 1:;ti;d11 F.Iit(i0�jt}:it�:�t; S,tt: hl�ijl.it1121) 111 I'r.(lit I¢ U( td (Lr•ttuu.,.t .t11r{.rlJt 4'1 P107 11 ;irtmso 1 �a l i.i �`{fit? 1.« i �. t � t ! i ►?"1 -AOIJ 3. Indinalo flow Ellterprittu P eodot; to ttlid Online Survicus Ulirullud Atflfiatu hast t:olurobrd 'Mr til)fian;tl IUUlrit use Whnro not 60104;ted On the initial onrollIll ant ender (;liiovu): Plus for Office 36f; 3ttrh 3. k::�4it�ii�lt Ilio tcnrollod Affiliate's P.riBtt Level. Eruollud Affiliate must first crjunt the epuottlty of Softr;arH Assuranwe and l iconae:S in each of the droops as desciihod holm -i by arsing (he quantities e;rttored in the :above ►i:rhli�. If lcnrollr~d Affiliate doss not. order nn Untorf?rise ProdtmA or k nt0rprisq orA,ne Sr:rvice ar+s0ciiated Nriltl an applicable Product pOol, the fMC4 IoVol for Additional Products ill the Sarno pool will be price loved "IT' thfoughoul th0 loan of the Enrollirimit. i:>o riot Ondude 13 dye CAl_s, as Ocume tivantilim; ere ctetcrmirtetl Isy Ilia ctirresf.�ai7rtinq Grttmprise Online 8ety re{s) bocce tsrofessional Pius + Office ProtJRsion'll Plus for Oflico 365 + -- �?lfir;c' :1x33 �Pli�n:> E;.'-l.�rZ-_• -.._ t;lieril Accea, Liuuns�� + c�fftcG 365 {I511anS Et- !) + t:?nttyrprisre -C font Arc - ms Ocensv + Windows Inturim Acid -on + WinduWs intone: + rite rpsi,;o f roducA <:un'T2r+01"ts1 - i�iiitdovlr, f)E 91ct0l, tjpgrarl0 F Windom VGA Windovpa lnlun.0- fit- 2 1 425 1 423 1 I E=ntorprise Products and Enterprise online Servicos: Sot price IWO u::ing Ile f7 highe5 uai�tit iy rem Gross 1 tIirou!c h +a t�clrlitfonn) Product Appliti_ation Pont: Sr?t�triC£ In��� ! u ink ianllh� i----......� i( /idchtir�nai iirutluct brarrnr Punl: �;+'t prier; tuve,l a 6�g tllQ hi+ghorst yuatitily fru'rit �� t.rrxry� I or 3 \Jcirtr,mn! is_rodtra:i S eicetn:3 Pool!olGi+ IfVOv froY Grcxryr l 1 1 ' Entamiay Online Sorvicua cony riot ba availallo in all bacatlon:r. pitiorsIli,: ProiAtc..t list fora lk,.t of ',ogrlioru;+:�Itiere thusu may lav >)urchiice d, Additional Pr+Nducts nu,y bo inclt:ried or, ihr, ra;d::r, but ;w.- not sutlnctcd rxi tiva form, v.[mrtrvas Iniunri Add -0111 rnquirv5 purchase of 1Aiindrinrs OS 0141 ja or Wtrn.ivars VD A, a 1,1001' require_ purclm;o of gidam OS UpUraCo, 44metowa VfJh_cir Wuuion s Inlw,t,_ "Iitis forts must be attached to a !,;ignature form to be Val1ilc i'A?_41 tp»r(:nv('JS,yl.ritt-Pl(3ji.lul'ItY I f1 I>a�� M ill IA t�?+1N+rl.rn{ ,00.11a:i3 P108 Microsoft osoft Enterprise Sub 250 Program Amendment ID W29 Enrollment Number Microsoft to complete for lnllla/term Partner to complefe rorrenewal Volume Licensing Proposal ID, This amendment ("Amendment") is entered into between the parties identified on the attached program signature form. It amends the Enrollment or Agreement identified above. All terms used but not defined in this Amendment will have the same meanings provided in that Enrollment or Agreement. The parties agree that the Enrollment is amended as follows: T. On the first page of the Enrollment, the following is added after the second paragraph: By entering into this Enrollment, the Enrolled Affiliate agrees that (1) it also has 250 or more Qualified Devices or Qualified Users; or (2) as a condition of entering into this Enrollment with 25-249 Qualified Devices or Qualified Users, Enrolled Affiliate has elected not to receive CD ROMs as part of the Enrollment and therefore no CD ROMs will automatically be shipped. If Enrolled Affiliate is enrolling with 25-249 Qualified Devices or Qualified Users and it would like to receive CD ROM Kits and updates, Enrolled Affiliate may order these through its Reseller for fee. The submission of this Amendment can only be placed against a 2011 Enterprise Agreement or an Enrollment that has the Updated EA Amendment terms and conditions applied. The submittal. of .this Amendment rhay not be contingent on submittal of a new Enterprise Agreement. 2. Section 2a of the Enrollment titled "Order Requirements'; is hereby amended and restated in its entirety with the following: a. Minimum Order Requirements. Enrolled Affiliate's Enterprise must have a minimum of 25 Qualified Users or Qualified Devices. (i) Initial Order. Initial order must include at least 25 Licenses from one of the four groups outlined in the Product Selection Form. (it) If choosing Enterprise Products. If choosing Enterprise Products in a specific group outlined in the Product Selection Form, Enrolled Affiliate's initial order must include an Enterprise -wide selection of one or more Enterprise Products or a mix of Enterprise Products and corresponding Enterprise Online Services for that group. (Ili) Additional Products. Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products. (Iv) Country of Usage. Enrolled Affiliate must specify the countries where Licenses will be used on its initial order and on any additional orders. 3. Software Assurance renewal. Renewing Software Assurance: If Enrolled Affiliate will be renewing Products Software Assurance coverage from a separate agreement, check this box. By checking the above box, a new section is added to the Enrollment entitled "Software Assurance addition." EAEnrAmend(Sub250)(Ind)(ENG)(Apr2015) Sub 250 Enterprise Enrollment W VV29 Page 1 of 2 P109 Enrolled Affiliate is permitted to and will include in its initial order under this Enrollment Software Assurance quantities from eligible Program's identified in the table below, even though Enrolled Affiliate is not otherwise eligible to order such Software Assurance without simultaneously ordering a License. Enrolled Affiliate agrees that any perpetual Licenses received through the New Software Assurance shall supersede and replace the underlying Licenses, and the underlying Licenses are not to be transferred separately from any Licenses received through the New Software Assurance. Any remaining payment obligations with respect to the underlying Licenses shall continue in effect. Except for changes made by this Amendment, the Enrollment or Agreement identified above remains unchanged and in full force and effect. If there is any conflict between any provision in this Amendment and any provision in the Enrollment or Agreement identified above, this Amendment shall control. -7777r7777777777- - - 'si nature~forlm to be valid..; . :. ':This Amendment mu"st be attached to'a, g EAEnrAmend(Sub250)(Ind)(ENG)(Apr2015) Sub 250 Enterrprrise Enrollment 29 page 2 of 2 Pilo x, Ll�Microsoft Volume Licensing 0 Program Signature Form MANNA number U0275474 Proposal ID Agreement number 01 E73214 Note: Enter the applicable active numbers associated with the documents below Microsoft requires the associated active number be indicated here, or listed below as new. is' form'="..Customer,tscan mean tFle;'-Wdning yentity ,: rirolled ,^ . .,For.jthe:.7.purposes , of..,th , ,, Goyeninent,P,artrier,_`Institution:otherkparty entering into=a volume Iicensmg program' This signature form and all contract documents identified in the table below are enterea into petweGi the Customer and the Microsoft Affiliate signing, as of the effective date identified below. Contract DocumentNumber or Code <Choose A reement> Document Number or Code <Choose A reement> Document Number or Code <Choose A reement> Document Number -or Code <Choose A reement> Document Number or Code <Choose A reement> Document Number or Code Enterprise Enrollment X20-02113' K451 Document Number or Code <Choose Enrollment/Re istration> <Choose Enrollment/Re istration> Document Number or,Code , <Choose Enrollment/Re istration> Document Number or Code <Choose Enrollment/Re istration> Document Number or, Code Amendment W29 New Document Number or Code Document Description Document Description Document Number or Code Document Description Document Number or Code Document Desdri tion Document Number or Code By signing below, Customer and the Microsoft Affiliate agree tnat Goin parues i i ) navc 1t;%'V vow ,GUS and understand the above contract documents, including any websites or documents incorporated by reference and any amendments and (2) agree to be bound by the terms of all such documents. Name of Ei Signature* Printed Fi Printed T' Fir Tax ID (must be legal entitMame)* Indian River'County IS nd La Name*C1 Date* field ProgramSignForm(MSSign)(NA,LatAm)EXBRA, MLI(ENG)(Aug2O 14) Page 1 of 2 Microsoft Corporation Signature Printed First and Last Name Printed Title Signature Date (date Microsoft Affiliate countersigns) Agreement Effective Date (may be different than Microsoft's signature date) Optional 2nd Customer signature or Outsourcer signature (if applicable) Name of Entity (must be legal entity name)* Signature* Printed First and Last Name* Printed Title Signature Date* * indicates required field Name of Entity (must be legal entity name)* Signature* Printed First and Last Name* Printed Title Signature Date* * indicates required field If Customer requires physical media, additional contacts, or is reporting multiple previous Enrollments, include the appropriate form(s) with this signature form. After this signature form is signed by the Customer, send it and the Contract Documents to Customer's channel partner or Microsoft account manager, who must submit them to the following address. When the signature form is fully executed by Microsoft, Customer will receive a confirmation copy. Microsoft Corporation Dept. 551, Volume Licensing 6100 Neil Road, Suite 210 Reno, Nevada 89511-1137 USA Program3lgnForm(MSSign)(NA,LatAm)EXBRA, MLI(ENG)(Aug2014) Page 2 of 2 P112 Microsoft' I Volume Licensing Enterprise Enrollment — Custom State and Local Enterprise Enrollment number Proposal ID K461 (Mlcrosoft to complete) Earliest expiring previous Previous Enrollment number 9205381 Enrollment end date 11 /30/2015 (Reseller to complete) .form t e valid.' Tt s`Enrollment must__be_ attached fo a signature.,F _ _ _ This Microsoft Enterprise Enrollment is entered into between the entities as identified in the signature form as of the effective date. Enrollment Affiliate represents and warrants it is the same Customer, or an Affiliate of the Customer, that entered into the Enterprise Agreement identified on the program signature form. This Enrollment consists of: (1) these terms and conditions, (2) the terms of reformation reement identified on the signature form, (3) the Product Selection Form, (4) any supplemental contact form or Previous Agreement/Enrollment form that may be -required, (5) any order submitted under this Enrollment. This Enrollment may only be entered into under a 2011 -or later Enterprise Agreement. All terms used but not defined arelocated at hitgll/www.ryficroscft.comA!censing/cohtrac In the event of any conflict the terms of this agreement control. Effective date. If Enrolled Affiliate is renewing Software Assurance or Subscription Licenses from one or more previous Enrollments or agreements, then the effective date will be the day after the first prior r terminates. Otherwise, the effective date will be the date this Enrollment or agreement expires oIf renewing Software'Assurance, .the Reseller will need to insert the Enrollment is accepted by Microsoft. previous enrollment or agreement number and end date In the respective boxes above. Term. This Enrollment will expire on the last day of the month, '36 full calendar months from the effective date unless otherwise renewed. Any reference in this Enrollment to "day" will be a calendar day. Product order. The Reseller will provide Enrolled Affiliate with Enrolled Affiliate's Product pricing and order. Prices and billing terms for all Products ordered will be determined by agreement between Enrolled Affiliate and the Reseller.The Reseller will provide Microsoft with the order separately from this Enrollment. Prior Enrollment(s). If renewing Software Assurance or Subscription Licenses from another Enrollment or agreement, the previous Enrollment or agreement number and end date must be identified in the respective Assurance or MSDN detai s,the Previous Agrefrom emie Enrollents or agreements, or en Enroltransferring Software lment form must be used. Terms and Conditions 1. Definitions. Terms used but not defined in this Enrollment will have the definition in the Enterprise Agreement, The following definitions are used in this Enrollment: "Additional Product" means any Product identified as such in the Product List and chosen by Enrolled Affiliate under this Enrollment. EA2011 EnrGov(US)Sl_G(ENG)(Jul2011) Page 1 of 14 Document X20-02113 P113 Micwsofit° I Volume Licensing "Enterprise Online Service„ means any Online Service designated as an Enterprise Online Service in the Product List and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are treated as Online Services, except as noted. "Enterprise Product” means any Desktop Platform Product that Microsoft designates as an Enterprise Product in the Product List and chosen by Enrolled Affiliate under this Enrollment. Enterprise Products may only be licensed for all Qualified Devices and Qualified Users on an Enterprise -wide basis under this program. "Expiration Date" means the date upon which the Enrollment expires. "Industry Device" (also known as line of business device) means any device that: (1) is not useable in its deployed configuration as a general purpose personal computing device (such as a personal computer), a multi -function server, or a commercially viable substitute for one of these systems; and (2) only employs an industry or task -specific software program (e.g. a computer-aided design program used by an architect or a point of sale program) ("Industry Program"). The device may include features and functions derived from Microsoft software or third -party software. If the device performs desktop functions (such as email, word processing, spreadsheets, database, network or Internet browsing, or scheduling, or personal finance), then the desktop functions: (1) may only be used for the purpose of supporting the Industry Program functionality; and (2) must be technically integrated with the Industry Program or employ technically enforced policies or architecture to operate only when used with the Industry Program functionality. "Qualified Device" means any personal desktop computer, portable computer, workstation, or similar device that is used by or for the benefit of Enrolled Affiliate's Enterprise. It does not include: (1) any computer that is designated as a server and not used as a personal computer,..(2) any Industry Device, (3) any device running an embedded operating system (e:g., Windows Phone 7) that does not access a virtual desktop infrastructure, or (4) any device that is not managed and/or controlled either directly or indirectly by Enrolled Affiliate's Enterprise. Enrolled Affiliate may include as a Qualified Device any device which would be excluded above (e.g,, Industry Device). "Qualified User" means a person (e.g., employee, consultant, contingent staff) who: (1) is a user of a Qualified Device, or (2) accesses any server software requiring. an Enterprise Product Client Access License or any Enterprise Online Service. It does not include a person who accesses server software or an Online Service solely under a License identified In .the Qualified User exemptions in the Product List. "Reserved License" means for an Online Service identified as eligible for true -ups in the Product List, the License reserved by Enrolled Affiliate prior to use and for which Microsoft will make the Online Service available for -activation. "Transition" means the conversion of one or more License to or from another License(s). Products eligible for Transition and permitted Transitions are identified in the Product List. "Transition Period" means the time between the Transition and the next Enrollment anniversary date for which the Transition is reported. 2. Purpose. This Enrollment enables Enrolled Affiliate's Enterprise to obtain, or subscribe to, Licenses for Enterprise Products, Enterprise Online Services, and Additional Products. Enrolled Affiliate may choose between on -premise software and Online Services as well as the ability to transition Licenses to Online Services while maintaining Enterprise -wide coverage. Additionally, Enterprise Online Services may be purchased without Enterprise -wide coverage. 3. Product Use Rights, Qualifying Systems Licenses and Transitions. In addition to applicable terms of the Enterprise Agreement, the following terms apply to this Enrollment: EA2011 EnrGov(US)SLG(ENG)(Ju12011) Page 2 of 14 Document X20-02113 P114 Microsoft, I Volume Licensing a. Product Use Rights. For Enterprise Products, if a new Product version has more restrictive use rights than the version that is current at the start of the applicable initial or renewal term of the Enrollment, those more restrictive use rights will not apply to the Enrolled Affiliate's use of that Product during the term. b. Qualifying systems Licenses. The operating system Licenses granted under this program is upgrade Licenses only. Full operating system Licenses are not available under this program. If Enrolled Affiliate selects any Desktop Platform, Windows Desktop Operating System Upgrade, or Windows Intune, all Qualified Devices on which Enrolled Affiliate expects to run the Windows Desktop Operating System Upgrade must be licensed to run, and have installed on them, one of the qualifying operating systems identified in the Product List. Note that the list of operating systems that qualify for the Windows Desktop Operating System Upgrade varies with the circumstances of the order. That list is more extensive at the time of the initial order than it is for some subsequent orders and system refreshes during the term of this Enrollment. Exclusions are subject to change when new versions of Windows are released. For example: The following are not considered qualifying operating systems: (1) ANY Windows Home or Starter edition; (2) Embedded Systems; and (3) Linux. These are examples of exclusions only and may change. Please see Product List for all current qualifying operating systems. c. Transitions. The following requirements apply to Transitions: (i) Licenses with active Software Assurance or Subscription Licenses may be Transitioned at any time if permitted in the Product List.. While Enrolled Affiliate may Transition any time, it will not be able to reduce Licenses or associated `Software Assurance prior to the end of.the Transition Period. (ii) If a Transition is made back to,a License that had active Software Assurance as of the date of Transition, then Software Assurance will need to 'be re -ordered for all such Licenses on a prospective basis following the Transition Period. Software Assurance coverage may not exceed the quantity of perpetual Licenses for which Software Assurance was current at the time of any prior Transition. Software Assurance may not be applied to Licenses transferred by Enrolled Affiliate. (iii) If a device -based License is Transitioned to a user -based License, all users of the device must be licensed as part of the Transition. (iv) If a user -based License is Transitioned to a device -based License, all devices accessed by the user must be licensed as part of the Transition. d. Effect of Transition on Licenses. Transition will not affect Enrolled Affiliate's rights in perpetual Licenses paid in full. (i) New version rights will be granted for perpetual Licenses covered by Software Assurance up to the end of the Transition Period. (ii) For L&SA not paid in full at the end of the Transition Period, Enrolled Affiliate will have perpetual Licenses for a proportional amount equal to the total of installments paid versus total amounts due (paid and payable) for the Transitioned Product. (iii) For L&SA not paid in full or granted a perpetual License in accordance with the above or Subscription Licenses, all rights to Transitioned Licenses cease at the end of the Transition Period. 4. Pricing. a. Price Levels. For both the initial and any renewal term Enrolled Affiliate's Price Level for all Products ordered under this Enrollment are subject to Section 2(e)(i) of the Enterprise Page 3 of 14 EA2011EnrGov(US)SLG(ENG)(Ju12011) Document X20-0212113 P115 Microsoft" I Volume Licensing Agreement, as amended, throughout the term of the Enrollment. Price Level's will be captured in the Product Selection Form. b. Setting Prices. Enrolled Affiliate's prices for each Product will be established by its Reseller. Microsoft's prices for Resellers are fixed throughout the Enrollment term based upon current prices at the time of the initial order for the Product. This includes the following: (i) Any future pricing (if applicable); and (ii) Prices for Transitions, including any prices related to the use of a Product during the Transition Period (if applicable). 5. Order requirements. a. Minimum Order Requirements. Except as may be otherwise agreed to in writing, Enrolled Affiliate's Enterprise must have a minimum of 250 Qualified Users or Qualified Devices. (i) Initial Order. Initial order must include at least 250 Licenses from one of the four groups outlined in the Product Selection Form. (it) If choosing Enterprise Products. If choosing Enterprise Products in a specific group outlined in the Product Selection Form, Enrolled Affiliate's initial order must include an Enterprise -wide selection of one or more Enterprise Products or a mix of Enterprise Products and corresponding Enterprise Online Services for that -group. (iii) Additional Products. Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products. (iv) Country of Usage. Enrolled Affiliate must specify the countries where Licenses will be used on its initial order and on any additional orders. b. Adding Products. (i) Adding new. Products not previously ordered. Enrolled Affiliate may add new Enterprise Products by entering into a new Enrollment or as part. of a renewal. New Enterprise Online Services may be added by contacting a Reseller. New Additional Products, other than Online Services, may be used if an order is placed in the month the Product is first used. For Additional Products that are Online Services, an initial order for the Online Service is required prior to use. (ii) Adding Licenses for previously ordered Products. Additional Licenses for previously ordered Products must be Included in the next true -up order. Enrolled Affiliate must Licenses for Online Services prior to use, unless the Online Services are (1) identified as eligible for true -up in the Product List or (2) included as part of other Licenses (e.g., Enterprise CAL). c. True -up orders. Enrolled Affiliate must submit an annual true -up order that accounts for changes since the initial order or last true -up order, including: (1) any increase In Licenses, including any increase in Qualified Devices or Qualified Users and Reserved Licenses; (2) Transitions (if permitted); or (3) Subscription License quantity reductions (if permitted). Microsoft, at its discretion and as permitted by applicable law, may validate the customer true -up data submitted through a formal product deployment assessment, using an approved Software Asset Management ('SAM') Partner. The true -up order must be received by Microsoft between 60 and 30 days prior to the Enrollment anniversary date. The third -year anniversary true -up order is due within 30 days prior to the Expiration Date. Enrolled Affiliate may true -up more often than at each Enrollment anniversary date except for Subscription License reductions. (i) Enterprise Products. Enrolled Affiliate must determine the current number of Qualified Devices and Qualified Users (if ordering user -based Licenses) and order the License difference (if any), including any Enterprise Online Services. EA2011 EnrGov(US)Sl_G(ENG)(Ju12011) Page 4 of 14 Document X20-02113 P116 Microsoft, I Volume Licensing (ii) Additional Products. For Products which have been previously ordered, Enrolled Affiliate must determine the Additional Products used and order the License difference (if any). (iii) Online Services. For Online Services identified as eligible for true -up orders in the Product List, Enrolled Affiliate must first reserve the additional Licenses prior to use. Microsoft will provide a report of Reserved Licenses in excess of existing orders to Enrolled Affiliate and its Reseller. Reserved Licenses will be invoiced retroactively for the prior year based upon the month in which they were reserved. (iv) Late true -up order. If the true -up order is not received when due: 1) Microsoft will invoice Reseller for all .Reserved Licenses not previously ordered. 2) Transitions and Subscription License reductions cannot be 'reported until the following Enrollment anniversary date (or at Enrollment renewal, as applicable). (v) Transitions. Enrolled Affiliate must report all Transitions. Transitions may result in an increase in Licenses to be included on the true -up order and a reduction of Licenses for prior orders. Reductions in Licenses will be effective at end of the Transition Period. Associated invoices will also reflect this change. (vi) Subscription License Reductions. Enrolled Affiliate may reduce the quantity of Subscription Licenses on a prospective basis if permitted_ in the Product List as follows: 1) For Subscription Licenses part of an Enterprise -wide commitment, Licenses may be reduced if the total quantity of Licenses and Software Assurance for an applicable group meets or exceeds the quantity of Qualified Devices identified on the Product Selection Form. Step-up Licenses do not count towards this total count. 2) For Enterprise Online Services not a part of.,* an Enterprise -wide commitment, Licenses can be reduced as long as the initial `order minimum° requirements are maintained. 3) For Additional Products available as Subscription Licenses, Enrolled Affiliate may reduce the Licenses. If the License count is reduced to zero, then Enrolled Affiliate's use of the applicable Subscription License will be cancelled. Invoices will be adjusted to reflect any reductions in Subscription Licenses at the true -up order. Enrollment anniversary date and effective as of such date. (v.il)Update statement. An update statement must be submitted instead of a true -up order if, as of the initial order or last true -up order, Enrolled Affiliate's Enterprise has not: (1) changed the number of Qualified Devices and Qualified Users licensed with Enterprise Products or Enterprise Online Services; and (2) increased its usage of Additional Products. This update statement must be signed by Enrolled Affiliate's authorized representative. The update statement must be received by Microsoft between 60 and 30 days prior to the Enrollment anniversary date. The last update statement is due at least 30 days prior to the Expiration Date. d. Step-up Licenses. For Licenses eligible for a step-up under this Enrollment, Enrolled Affiliate may step-up to a higher edition or suite as follows: (i) For step-up Licenses Included on an initial order, Enrolled Affiliate may order according to the true -up process. (ii) If step-up Licenses are not included on an initial order, Enrolled Affiliate may step-up Initially by following the process described in the Section titled "Adding new Products not previously ordered," then for additional step-up Licenses, by following the true -up order process. EA2011 EnrGov(US)SLG(ENG)(J u12011) Page 5 of 14 Document X20-02113 P117 Microsoft• I Volume Licensing (iii) If Enrolled Affiliate has previously ordered an Online Service as an Additional Product and wants to step-up to an Enterprise Online Service eligible for a Transition, the step-up may be reported as a Transition. (iv) If Enrolled Affiliate Transitions a License, it may be able to further step-up the Transitioned License. If Enrolled Affiliate chooses to step-up and the step-up License is separately eligible to be Transitioned, such step-up Licenses may result in a License reduction at the Enrollment anniversary date following the step-up. 6. Payment terms. For the initial or renewal order, Enrolled Affiliate may pay upfront or elect to spread its payments over the applicable Enrollment term. if spread payments are elected, unless indicated otherwise, Microsoft will invoice Enrolled Affiliate's Reseller in three equal annual installments. The first installment will be invoiced upon Microsoft's acceptance of this Enrollment and on each Enrollment anniversary date. Subsequent orders are invoiced upon acceptance of the order and Enrolled Affiliate may elect to pay annually or upfront for Online Services and upfront for all other Licenses. 7. End of Enrollment term and termination. a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for Licenses for Products it has used but has not previously submitted an order, except as otherwise provided in this Enrollment. b. Renewal Option. At the Expiration Date, Enrolled Affiliate can renew Products by renewing the Enrollment for one additional 36 full calendar month term or signing a new Enrollment. Microsoft must receive a Product Selection Form and renewal order prior to or at the Expiration Date. The renewal term will start on the day following the Expiration Date. Microsoft will not unreasonably reject any renewal. Microsoft may make a change to this program that will make it necessary for Customer and its Enrolled Affiliates to enter into new Agreements and Enrollments. c. If Enrolled Affiliate elects not to renew. (i) Software Assurance. If Enrolled Affiliate elects not to renew Software Assurance for any Product under its Enrollment, then Enrolled Affiliate will not be permitted to order Software Assurance later without first acquiring L&SA. (!I) Online Services eligible for an Extended Term. For Online Services identified as eligible for an Extended Term In the Product List, the following .options are available at the end of the Enrollment initial or renewal term. 1) Extended Term. Licenses for Online Services will automatically expire in accordance with the terms of the Enrollment. An extended term feature that allows Online Services to continue month-to-month ("Extended Term") is available. During the Extended Term, Online Services will be invoiced monthly at the then -current published price for Enrolled Affiliate's price level as of the Expiration Date plus a 3% administrative fee for up to one year. If Enrolled Affiliate does want an Extended Term, Government Partner must submit a request to Microsoft. Microsoft must receive the request not less than 30 days prior to the Expiration Date. 2) Cancellation during Extended Term. If Enrolled Affiliate has opted for the Extended Term and later determines not to continue with the Extended Term, Government Partner must submit a notice of cancellation for each Online Service. Cancellation will be effective at the end of the month following 30 days after Microsoft has received the notice. (iii) Online Services not eligible for an Extended Term. If Online Services are not identified as eligible for an Extended Term in the Product List, the Licenses will be EA2011 EnrGov(US)SLG(ENG)(Ju12011) Page 6 of 14 Document X20-02113 P118 Micwsoft, I Volume Licensing cancelled and will terminate as of the Expiration Date. Any associated media must be uninstalled and destroyed and Enrolled Affiliate's Enterprise must discontinue use. Microsoft may request written certification to verify compliance. (iv) Customer Data. Upon expiration or termination of a License for Online Services, Enrolled Affiliate must tell Microsoft whether to: 1) disable its account and then delete its Customer Data ("Data Deletion"); or account at go days after 2) retain its Custompination of the L censemited function fo o such Online rService least "Retention expiration or ter Period") so that Enrolled Affiliate may extract its Customer Data. Deletion, Enrolled 3) If Enrolled Affiliate i dicates Data ateindc atesit wantAffiliate i Rte ton Pernod, Enrolled its Customer Data. If Enrolled ard Affiliate will beable to extract its and Enrolled Affiliate wll reimburse M crosoft if theresaredany processes and lcable law. If Enrolled Affiliate does not applicable costs to the extent allowed by appi indicate either Data Deletion accordanceor te tiith the Period, Retention Perift Will retain Enrolled Affiliate's Customer Data 4) Following the expiratti{hn f the delete Rs tendonCustoPeriod, Microsoft will disable Enrolled Affiliate's account a e Microsoft has no 5) Enrolled Affiliate agrees that, other than as described above,. obligation to continue agrees ohold, export or return Microsoft has no liability whatsoever efr for delet o.customer of Enrolled Enrolled Affiliate Affiliate's Customer Data pursuant to these terms. d. Termination .terminate it if the (i) Termination for cause. Either party to an Enrollment may other party materially breaches its obligations under t if sgreem n-paymentng any obligation to submit orders or pay is caused by non:approprlation of funds). Except where ere th9baisby its nature not curable within 3o unts'the �minating party t the rty 30 days notice and oppffY'tocure (ii) The parties acknowledge uderth s Agreement theState ngent upondan annual and obligation to pay appropriated b the appropriation by the Legislature. In the event funds not notice ri Microsoft of Legislature, the State of Florida will provide 30 day written Enrollments. such non -appropriation and intent to terminate any app (iii) Early termination. If (1) an Enrolled Affiliate terminates its Enrollment as a result of a breach by Microsoft, or se h Enrolled o be (2) if Microsoft terminates an Enrol lment becau an Affiliate of Customer, or (3) En oiled Affiliatet rm terminates ceasedte has t Enrollment of funds, or (4) Microsoft terminate an Enrollment for non-payment due to non -appropriation of funds, then the Enrolled Affiliate will have the following options: It may immediately pay the total remaining amount due, including all installments, in which case, the Enrolled Affiliate will have perpetual rights for all Licenses it has ordered; or It may pay only amounts due as of the termination date, in which case the Enrolled Affiliate will have perpetual Licenses for 1) all copies of Products (including the latest version of Products ordered under SA coverage in the current term) for which payment has been made in full, and ) the number of copies of Products it has ordered (including the latest version of Products 2 ordered under Software Assurance coverage in current term) that is proportional to the total of EA2011 EnrGov(US)SLG(ENG)(J ul2011) Page 7 of 14 Document X20-02113 P119 Microsoft' I Volume Licensing installment payments paid versus total amounts due (paid and payable) if the early termination had not occurred. Nothing in this section shall affect perpetual License rights acquired either in a separate agreement or in a prior term of the terminated Enrollment. (iv) Effect of termination or expiration. vvnen an mnrumutnn tsxNliva terminated, ■ Enrolled Affiliate must order Licenses for all copies of Products it has run for which it has not previously submitted an order. Any and all unpaid payments or any order of any kind, including subscription services, remain due and payable. Except as provided in the subsection titled "Early termination," all unpaid payments for Licenses immediately become due and payable. ■ Enrolled Affiliate's right to Software Assurance benefits under this agreement ends if it does not renew Software Assurance. (v) Modification or termination of an Online Service for regulatory reasons. Microsoft may modify or terminate an Online Service where there is any current or future government requirement or obligation that: (1) subjects Microsoft to any regulation or requirement not generally applicable to businesses operating there; (2) presents a hardship for Microsoft to continue operating the Online Service without modification, and/or (3) causes Microsoft to believe these terms or the Online Service may be in conflict with any such requirement or obligation. For example, Microsoft may modify or terminate an .Online Service in connection with a government requirement that would cause Microsoft to be regulated as a telecommunications provider. (vi) Enterprise Agreement Program updates. Microsoft may make a change to this program that will make it necessary for Customer and' its Enrolled Affiliates to enter into new agreements and Enrollments.For Subscription Licenses, yin the event of a breach by Microsoft, Microsoft will issue Reseller a credit for any amount paid in advance that would apply after the date of termination. EA2011 EnrGov(US)SLG(ENG)(Jul2011) Page 8 of 14 Document X20-02113 P120 Microsoft, I Volume Licensing Enrollment Details 1. Enrolled Affiliate's Enterprise. Identify which Affiliates are included in the Enterprise. Check only one box in this section: ® Enrolled Affiliate ❑ Enrolled Affiliate and the following Affiliate(s): ❑ Enrolled Affiliate and all Affiliates, with following Affiliate(s) excluded: Please indicate whether the Enrolled Affiliate's Enterprise will include all new Affiliates acquired after the start of this Enrollment: Exclude future Affiliates 2. Contact information. Each party will notify the other in writing if any of the information in the following contact information page(s) changes. The asterisks (*) indicate required fields. By providing contact information, Enrolled Affiliate consents to its use for purposes of administering this Enrollment by Microsoft, its Affiliates, and other .parties that help administer this Enrollment. The personal information provided in connection with this Enrollment will be used and protected in accordance with the privacy statement available at https://www.miicrosoft-comAicensing/servicecenter. a. Primary contact. This contact is the primary contact for the Enrollment from within Enrolled Affiliate's Enterprise. This contact is also an Online Administrator for the Volume Licensing Service Center and may grant online access to others. Name of entity (must be legal entity name)* Indian River County IS Contact name* First Basil Last Dancy Contact email address* bdancy@ircgov.com Street address* 180127 �h St. City* Vero Beach State/Province* FL Postal code* 32960-3388 (For U.S. addresses, please provide the zip + 4, e.g. xxxxx-xxxx) Country* US Phone* 772-226-1256 Fax 772-226-1558 Tax ID b. Notices contact and Online Administrator. This contact (1) receives the contractual notices, (2) is the Online Administrator for the Volume Licensing Service Center and may EA2011 EnrGov(US)SLG(ENG)(Ju12011) Page 9 of 14 Document X20-02113 P121 Microsoft` I Volume Licensing grant online access to others, and (3) is authorized for applicable Online Services to add or reassign Licenses, step-up, and initiate Transitions prior to a true -up order. ® Same as primary contact Name of entity* Contact name* First Last Contact email address* Street address* City* State/Province* Postal code* - (For U.S. addresses, please provide the zip + 4, e.g. xxxxx-xxxx) Country* Phone* Fax Language preference. Choose the language for notices. English ❑ This contact is a third party (not the Enrolled Affiliate). Warning: This contact receives personally identifiable information of the Customer and its Affiliates. c. Microsoft Account Manager. Microsoft Account Manager for this Enrolled Affiliate is: Microsoft account manager name: Microsoft account manager email address: d. Media delivery contact (DO NOT COMPLETE IF ATTACHING MEDIA ELECTION FORM,). This is the contact at the ship to/electronic delivery address. ® Same as notices contact and Online Administrator Name of entity* Contact name: First* Last* Contact email address (required for online access)* Street address (no PO boxes accepted)* City* State/Province* Postal code* - (For U.S. addresses, please provide the zip + 4, e.g. xxxxx-xxxx) Country* Phone* Fax e. Online Services Manager. This contact is authorized • to manage the Online Services ordered under the Enrollment and (for applicable Online Services) to add or reassign Licenses, step-up, and initiate Transitions prior to a true -up order. ® Same as notices contact and Online Administrator Name of entity* Contact name*: First Last Contact email address* Street address* City* State/Province* Postal code* Country* Phone* Fax ❑ This contact is from a third party organization (not the entity). Warning: This contact receives personally identifiable information of the entity. f. Reseller information. Reseller contact for this Enrollment Is: Reseller company name* SHI International Corp Street address (PO boxes will not be accepted)* 290 Davidson Ave City* Somerset State/Province* NJ Postal code* 08873 Country* US Contact name* EA2011 EnrGov(US)SLG(ENG)(Ju12011) Page 10 of 14 Document X20-02113 P122 Microsoft- I Volume Licensing Phone* Fax Contact email address* The undersigned confirms that the information is correct. Name of Reseller* SHI International Corp Signature* Printed name* Printed title* Date* Changing a Reseller. If Microsoft or the Reseller chooses to discontinue doing business with each other, Enrolled Affiliate must choose a replacement Reseller. If Enrolled Affiliate or the Reseller intends to terminate their relationship, the initiating party must notify Microsoft and the other party using a form provided by Microsoft at least 90 days prior to the date on which the change is to take effect. g. If Enrolled Affiliate requires a separate contact for any of the following, attach the Supplemental Contact Information form. Otherwise, the notices contact and Online Administrator remains the default. • Additional notices contact • Software Assurance manager • Subscriptions manager • Customer Support Manager (CSM) contact 3. Financing elections. Is a purchase under this Enrollment being financed through MS Financing? [] Yes, ® No. EA2011 EnrGov(US)SLG(ENG)(Ju12011) Page 11 of 14 Document X20-02113 P123 Microsoft- I Volume Licensing Enterprise and Enterprise Subscription Enrollment Product Selection Form — Amendment ID CTM-SplitCC The following Amendment replaces the standard Enterprise and Enterprise Subscription Enrollment Product Selection Form and Amends the "Order Requirements" Section of the Enrollment. This Amendment enables the Enrolled Affiliate the ability to meet the initial Enrollment Order requirements with Products other than Enterprise Products and Enterprise Online Services Products. These Products are captured under the Platform Option of "Enterprise Product Components" specified in Step 1 below. Enrolled Affiliate may select "Enterprise Product Components" for all Qualified Users/Devices without the requirement of also having Enterprise Products or Enterprise Online Services specified on this Amendment. Step 1. Please indicate whether Enrolled Affiliate is ordering Enterprise Products or Enterprise Online Services on the initial enrollment order. Choose both if applicable. ® Enterprise Products. Choose platform option: Components only (not full platform) Qualified Devices: 25 Qualified Users: 25 ❑ Enterprise Online Services Step 2. Select the Products and Quantities Enrolled Affiliate is ordering on its initial Enrollment Order. Quantity may not include any Licenses which Enrolled.Affiliate has selected for optional future use, or to which it transitioning or stepping up within enrollment term. Products for which the Enrolled Affiliate has an option to transition or step-up should be listed in Step 3. .. UCtS2 Quantity Office. Professional Plus { "° Office Pro Plus 25 Office Pro Plus for Office 365 Office Standard Office 365 Plans Office 365 Plan E1 Office 365 Plan E2 Office 365 Plan E3 Office 365 Plan E4 EA2011 EnrGov(US)SLG(ENG)(Ju12011) Page 12 of 14 Document X20-02113 P124 Microsoft I Volume Licensing Products2 Quantity Client Access License (CAL). 'Choose 1 o tion for either Core CAL or Enterprise CAL ® Core CAL,including Bridge CAL's if applicable) Core CAL 25 Core CAL Bridge for Office 365 Core CAL Bridge for Windows Intune Core CAL Bridge for Office 365 and Windows Intune El Enterprise CAL ECAL ECAL ECAL Bridge for Office 365 ECAL Bridge for Windows Intune ECAL Bridge for Office 365 and Windows Intune The Client Access License selection must be the same across the Enterprise. Specify whether licensing CAL per Device or User: User we Enterprise Product Com onents: Choose 1 or multiple Components >• ❑ Windows CAL Exchange Standard CAL SharePoint Standard CAL jj L nc Server Standard CAL ❑ System Center Configuration Mana er.Clien't ML ❑ Forefront End Point Protection Windows Remote Desktop Services CAL Exchange Enterprise CAL SharePoint Enterprise CAL L nc Server Enterprise CAL ❑ System Center Client Management Suite ML ❑ Forefront Protection Suite ❑ Forefront Unified Access Gateway CAL The Client Access License selection must be the same across the Enterprise. Specify whether licensingCAL per Device or User: <Choose One> Windows Desktop Windows OS Upgrade Windows VDA Windows Intune Windows Intune Windows Intune Add-on Other Enterprise Products Microsoft Desktop Optimization Pack MDOP SQL Server Device CAL SQL Server User CAL 25 If selecting Windows Desktop or Windows Intune option, Enrolled Affiliate acknowledges the following: a. The Windows Desktop Operating System Upgrade licenses offered through this Enrollment are not full licenses. The Enrolled Affiliate and any included Affiliates have qualifying operating system licenses for all devices on which the Windows Desktop Operating System Upgrade or Windows Intune licenses are run. b. In order to use a third party to reimage the Windows Operating System Upgrade, Enrolled Affiliate must certify that Enrolled Affiliate has acquired qualifying operating system licenses. See the Product List for details. EA2011 EnrGov(US)SLG(ENG)(Ju12011) Page 13 of 14 Document X20-02113 P125 Microsoft° I Volume Licensing Step 3. Indicate new Enterprise Products and Online Services Enrolled Affiliate has selected for optional future use where not selected on the initial enrollment order (above): .. 7Enterprise Plus for Office 365 Plan E15 Plan E25 Plan E35 Plan E4e CAL (ECACIS Step -u ,including Bridge CALs ❑ Windows Intune ❑ Windows Intune Add-on Step 4. Establish the Enrolled Affiliate's Price Level. Enrolled Affiliate must first count the quantity of Software Assurance and Licenses in each of the groups as described below by using the quantities entered in the above table. If Enrolled Affiliate does not order an Enterprise Product or Enterprise Online Service associated with an applicable Product pool, the price level for Additional Products in the same pool will be price level "T throughout the term of the Enrollment. Do not include Bridge CALs, as License quantities are determined by the corresponding Enterprise Online Service(s). Priceprice Pr .. a .. Grou Level Office Professional Plus + Office 250 and Professional Plus for Office 365 + 1 25 Above D Office 365 Plans E2=E4 Client Access License + Office 365 (Plans E1 -E4) + Enterprise 2 25 Product Components Client Access License + Windows Intune Add-on + Windows Intune + 3 25 Enter rise Product Components Windows Desktop Upgrade + 4 Windows VDA + Windows Intune Enterprise Products and Enterprise Online Services: Set price level using the D highest quantity from Groups 1 through 4 Additional Product Application Pool: Set price level using quantity from Group 1 D Additional Product Server Pool: Set price level using the highest quantity from D Group 2 or 3 Additional Product Systems Pool: Set price level using quantity from Group 4 D Enterprise Online Services may not be available in all locations. Please see the Product List for a list of locations where these may be purchased. 2 Additional Products may be included on the order, but are not selected on this form. s Windows Intune Add-on requires purchase of Windows OS Upgrade or Windows VDA. 4 aAnnn .....,,t.vo .., �­ hoax of Windnwc Of; Uoarade. Windows VDA, or Windows Intune. Ivi- ,cyu w p.......«............__.._ `This form must be attached to a signature form to be valid.' EA2011 EnrGov(US)SLG(ENG)(Ju12011) Page 14 of 14 Document X20-02113 P126 } Microsoft Enterprise Sub 250 Program Amendment ID W29 Enrollment Number Mlcrosolt to complete /orinittal term Partner to complete /orrenewel Volume Licensing -Proposal ID This amendment ("Amendment") is entered into between the parties identified on the attached program signature form. It amends the Enrollment or Agreement identified above. All terms used but not defined in this Amendment will have the same meanings provided in that Enrollment or Agreement. The parties agree that the Enrollment is amended as follows: 1. On the first page of the Enrollment, the following is added after the second paragraph: By entering into this Enrollment, the Enrolled Affiliate agrees that (1) it also has 250 or more Qualified Devices or Qualified Users; or (2) as a condition of entering into this Enrollment with 25-249 Qualified Devices or Qualified Users, Enrolled Affiliate has elected not to receive CD ROMs as part of the Enrollment and therefore no CD ROMs will automatically be shipped. If Enrolled Affiliate is enrolling with 25-249 Qualified Devices or Qualified Users and it would like to receive CD ROM Kits and ' updates, Enrolled Affiliate may order these through its Reseller for a fee. The submission of this Amendment can only be placed against a 2011 Enterprise Agreement or an Enrollment that has the Updated EA Amendment terms and conditions applied. The submittal of this Amendment may not be contingent on submittal of a new Enterprise Agreement, 2. Section 2a of the Enrollment titled "Order Requirements" is hereby amended and restated in its entirety with the following: a. Minimum Order Requirements. Enrolled Affiliate's Enterprise must have a minimum of 25 Qualified Users or Qualified Devices. (i) Initial Order. Initial order must include at least 25 Licenses from one of the four groups outlined in the Product Selection Form. (ii) If choosing Enterprise Products. If choosing Enterprise Products in a specific group outlined in the Product Selection Form, Enrolled Affiliate's initial order must include an Enterprise -wide selection of one or more Enterprise .Products or a mix of Enterprise Products and corresponding Enterprise Online Services for that group. (iii) Additional Products. Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products. (iv) Country of Usage. Enrolled Affiliate must specify the countries where Licenses will be used on its initial order and on any additional orders. 3. Software Assurance renewal. Renewing Software Assurance: If Enrolled Affiliate will be renewing Products 0 Software Assurance coverage from a separate agreement, check this box. By checking the above box, a new section Is added to the Enrollment entitled "Software Assurance addition." EAEnrAmend(Sub250)(Ind)(ENG)(Apr2ol5) Sub 250 Enterprise Enrollment W W29 Page 1 of 2 P127 Enrolled Affiliate is permitted to and will include in its initial order under this Enrollment Software Assurance quantities from eligible Program's identified in the table below, even though Enrolled Affiliate is not otherwise eligible to order such Software Assurance without simultaneously ordering a License. Enrolled Affiliate agrees that'any perpetual Licenses received through -the New Software Assurance shall supersede and replace the underlying Licenses, and the underlying Licenses are not to be transferred separately from any Licenses received through the New Software Assurance Any remaining payment obligations with respect to the underlying Licenses shall continue in effect. Except for changes made by this Amendment, the Enrollment or Agreement identified above remains unchanged and in full force and effect. If there is any conflict between any provision in this Amendment and any provision in the Enrollment or Agreement identified above, this Amendment shall control. This-.Amend'mentJmus `s'~' ..- '�4- - - - �. t±be:attached`toi signature form to be valid. '-$:��.�r.`r,,'• '^'iP, - ':E .;;fi:'�a:,`- =- - icy :. "`i__i'l;r„.:y: . '.S'?a."'ir �5:'t�-c❑ - .. _ EAEnrAmend(Sub250)(Ind)(ENG)(Apr2015) Sub 250 Enterprise Enrollment W W29 Page 2 of 2 P128 Microsoft Program Signature Form Volume Licensing MBAIMBSA number U027.5474 Proposal ID Agreement number 01E73214 Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the associated active number be indicated here, or listed below as new. This signature form and all contract documents identified in the table below are entered into between the Customer and the Microsoft Affiliate signing, as of the effective date identified below. Contract Document <Choose A reement> Number or Code Document Number:or Code <Choose A reement> Document Number -6r Code <Choose A reement> Document Numbee;or.,Code <Choose A reement> Document Number or Code <Choose A reement> Document Number or,Code Enter rise Enrollment,. X20-02113 K451 -'. <Choose Enrol Im efit/R eg istration> Document Number or Code <Choose Enrollment/Re istration> Document Number or Code _ ,. <Choose Enroliment/Re istration> Document Number or Code <Choose Enrollment/Re istration> Document Number or Code. Amendment W29 New Document Description Document Number.or Code Document Description Document Number or Code Document Description Document Number or Code Document Description Document Number or Code By signing below, Customer and the Microsoft Affiliate agree that both parties (1) have received, read and understand the above contract documents, including any websites or documents incorporated by reference and any amendments and (2) agree to be bound by the terms of all such documents. Name of Ei Signature* Printed Fir be legal Printed Titliva Ltr\� Signature Date* \ \- �:) LA Tax ID * indicates River County BOCC Progra mSignForm(MSSign)(NA, LatAm )ExBRA, MLI (ENG)(Aug2014) Page 1 of 2 P129 Microsoft Corporation Signature Printed First and Last Name Printed Title Signature Date (date Microsoft Affiliate countersigns) Agreement Effective Date (may be different Than Microsoft's signature date) Optional 2nd Customer signature or Outsourcer signature (if applicable) Name of Entity (must be legal entity name)* Signature* Printed First and Last Name* Printed Title Signature Date* * -11irro11 hP.irl Name of Entity (must be legal entity name)* Signature* Printed First and Last Name* Printed Title SigrtatuWDate* * indicates required rie►a If Customer requires physical media, additional contacts, or is reporting multiple previous Enrollments, include the appropriate form(s) with this signature form. After this signature form is signed by the Customer, send it and the Contract Documents to Customer's channel partner or Microsoft account manager, who must submit them to the following address. When the signature form is fully executed by Microsoft, Customer will receive a confirmation copy. Microsoft Corporation Dept. 551, Volume Licensing 6100 Neil Road, Suite 210 Reno, Nevada 89511-1137 USA ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(Aug2014) Page 2 of 2 P130 Microsoft° I Volume Licensing Enterprise Enrollment — Custom State and Local Enterprise Enrollment number Proposal ID K451 (Microsoft to complete) Earliest expiring previous 11/30/2015 Previous Enrollment number $$50369 (ReseOer to complete) Enrollment end date' This Microsoft Enterprise Enrollment is entered into between the entities as identified in the signature form as of the effective date. Enrollment Affiliate represents and warrants it is the same Customer, or an Affiliate of the Customer, that entered into the Enterprise Agreement identified on the program signature form. This Enrollment consists of: (1) these terms and conditions, (2) the terms' of the Enterprise Agreement identified on the signature form, (3) the Product Selection Form, (4) any supplemental contact information form or Previous Agreement/Enrollment form that may be required, (5): any ;order submitted under this Enrollment. This Enrollment may only be entered into under a 2011.or later Enterprise.Agreement. All terms used but not defined.are'located at http://www microsoft com/licensinfl/contracts. In the event of any conflict the terms of this agreement control. r , Effective date. If Enrolled Affiliate is renewing Software Assurance or Subscription Cicenses,from one or more previous Enrollments or agreements, then the effective date will be the day after the first prior Enrollment oe agreement expires or terminates. Otherwise, the effective date will be the date this Enrollment is accepted by Microsoft. If renewing Software Assurance, .the Reseller will need to insert the previous enrollment or agreement number and end date in the respective boxes above. Term. This Enrollment will expire on the last day of the month, 36 full calendar months from the effective date unless otherwise renewed. Any reference in this Enrollment to "day" will be a calendar day. Product order. The Reseller will provide Enrolled Affiliate with Enrolled. Affiliate's Product pricing and order..Prices.anid billing terms for all Products ordered will be determined by agreement between Enrolled Affiliate -and the Reseller.The Reseller will provide Microsoft with the order separately from this Enrollment. Prior Enrollment(s). If renewing Software Assurance or Subscription Licenses from another Enrollment or agreement, the previous Enrollment or agreement number and end date must be identified in the respective boxes above. If renewing from multiple Enrollments or agreements, or transferring Software Assurance or MSDN details, the Previous Agreement/Enrollment form must be used. Terms and Conditions 1. Definitions. Terms used but not defined in this Enrollment will have the definition in the Enterprise Agreement. The following definitions are used in this Enrollment: "Additional Product" means any Product identified as such in the Product List and chosen by Enrolled Affiliate under this Enrollment. EA201 1EnrGov(US)SLG(ENG)(Jul201 1) Page 1 14 Document X20-0212113 P131 Microsoff I Volume Licensing "Enterprise Online Service" means any Online Service designated as an Enterprise Online Service in the Product List and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are treated as Online Services, except as noted. "Enterprise Product" means any Desktop Platform Product that Microsoft designates as an Enterprise Product in the Product List and chosen by Enrolled Affiliate under this Enrollment. Enterprise Products may only be licensed for all Qualified Devices and Qualified Users on an Enterprise -wide basis under this program. "Expiration Date" means the date upon which the Enrollment expires. "Industry Device" (also known as line of business device) means any device that: (1) is not useable in its deployed configuration as a general purpose personal computing device (such as a personal computer), a multi -function server, or a commercially viable substitute for one of these systems; and (2) only employs an industry or task -specific software program (e.g. a computer-aided design program used by an architect or a point of sale program) ("Industry Program"). The device may include features and functions derived from Microsoft software or third -party software. If the device performs desktop functions (such as email, word processing, spreadsheets, database, network or Internet browsing, or scheduling, or personal finance), then the desktop functions: (1) may only be used for the purpose of supporting the Industry Program functionality; and (2) must be technically integrated with the Industry Program or employ technically enforced policies or architecture to operate only when used with the Industry Program functionality. "Qualified Device" means any personal desktop computer, portable computer, workstation, or similar device that is used by or for the benefit of Enrolled Affiliate's 'Enterprise. It does not include: (1) any computer that is designated as,a server and not used as a!personal computer, (2) any1ndustry Device, (3) any device running an embedded operating system (e.g., Windows Phone 7) that does not.access a virtual desktop infrastructure;:or" (4) any device that is ,not managed and/or controlled either directly or indirectly by Enrolled Affiliate's Enterprise. 'Enrolled Affiliate may include as a Qualified" Device any device which would be excluded above (e.g., Industry Device). "Qualified User" means a person (e.g., employee, consultant, contingent staff) who: (1) is a user of a Qualified Device, or (2) accesses any server software requiring an Enterprise Product Client Access License or any Enterprise Online Service. It does not include a person who accesses server software or an Online Service solely under a License identified in the Qualified User exemptions in the Product List. "Reserved License" means for an Online Service identified as eligible for true -ups in the Product List, the License reserved by Enrolled Affiliate prior to use and for which Microsoft will make the Online Service available for activation. "Transition" means the conversion of one or more License to or from another License(s). Products eligible for Transition and permitted Transitions are identified in the Product List. "Transition Period" means the time between the Transition and the next Enrollment anniversary date for which the Transition is reported 2. Purpose. This Enrollment enables Enrolled Affiliate's Enterprise to obtain, or subscribe to, Licenses for Enterprise Products, Enterprise Online Services, and Additional Products, Enrolled Affiliate may choose between on -premise software and Online Services as well as the ability to transition Licenses to Online Services while maintaining Enterprise -wide coverage. Additionally, Enterprise Online Services may be purchased without Enterprise -wide coverage. 3. Product Use Rights, Qualifying Systems Licenses and Transitions. In addition to applicable terms of the Enterprise Agreement, the following terms apply to this Enrollment: EA2011 EnrGov(US)SLG(ENG)(JU12011) Page 2 of 14 Document X20-02113 P132 Microsoft I Volume Licensing a. Product Use Rights. For Enterprise Products, if a new Product version has more restrictive use rights than the version that is current at the start of the applicable initial or renewal term of the Enrollment, those more restrictive use rights will not apply to the Enrolled Affiliate's use of that Product during the term. b. Qualifying systems Licenses. The operating system Licenses granted under this program is upgrade Licenses only. Full operating system Licenses are not available under this program. If Enrolled Affiliate selects any Desktop Platform, Windows Desktop Operating System Upgrade, or Windows Intune, all Qualified Devices on which Enrolled Affiliate expects to run the Windows Desktop Operating System Upgrade must be licensed to run, and have installed on them, one of the qualifying operating systems identified in the Product List. Note that the list of operating systems that qualify for the Windows Desktop Operating System Upgrade varies with the circumstances of the order. That list is more extensive at the time of the initial order than it is for some subsequent orders and system refreshes during the term of this Enrollment. Exclusions are subject to change when new versions of Windows are released. For example- The following are not considered qualifying operating systems: (1) ANY Windows Home or Starter edition; (2) Embedded Systems; and (3) Linux. These are examples of exclusions only and may change. Please see Product List for all current qualifying operating systems. c. Transitions. The following requirements apply WTransitions: _ (i) Licenses with active Software Assurance or Subscription Licenses may be Transitioned at any time if permitted in the Product List. While Enrolled Affiliate may Transition any time, it will not.be able to reduce Licenses or associated Software. Assurance prior to the end of the Transition Period. (ii) If a Transition is made back to a License that had active Software Assurance as of the date of Transition, then Software Assurance will need °to be re -ordered for all such Licenses on a prospective basis following the Transition Period. Software Assurance coverage may not exceed the quantity of perpetual Licenses- for which Software Assurance was current at the time of any prior Transition. Software Assurance may not be applied to Licenses transferred bylEnrolled Affiliate. (iii) If a device -based License is Transitioned to a user -based License, all users of the device must be licensed as part of the Transition. (IV) If a user -based License is Transitioned to a device -based License, all devices accessed by the user must be licensed as part of the Transition. d. Effect of Transition on Licenses. Transition will not affect Enrolled Affiliate's rights in perpetual Licenses paid in full. (i) New version rights will be granted for perpetual Licenses covered by Software Assurance up to the end of the Transition Period. (ii) For L&SA not paid in full at the end of the Transition Period, Enrolled Affiliate will have perpetual Licenses for a proportional amount equal to the total of installments paid versus total amounts due (paid and payable) for the Transitioned Product. (iii) For L&SA not paid in full or granted a perpetual License in accordance with the above or Subscription Licenses, all rights to Transitioned Licenses cease at the end of the Transition Period. 4. Pricing. a. Price Levels. For both the initial and any renewal term Enrolled Affiliate's Price Level for all Products ordered under this Enrollment are subject to Section 2(e)(i) of the Enterprise EA2011 EnrGov(US)5LG(ENG)(Ju12011) Page 3 of 14 Document X20-02113 P133 Microsoft I Volume Licensing Agreement, as amended, throughout the term of the Enrollment. Price Level's will be captured in the Product Selection Form. b. Setting Prices. Enrolled Affiliate's prices for each Product will be established by its Reseller. Microsoft's prices for Resellers are fixed throughout the Enrollment term based upon current prices at the time of the initial order for the Product. This Includes the following: (I) Any future pricing (if applicable); and (ii) Prices for Transitions, including any prices related to the use of a Product during the Transition Period (if applicable). 5. Order requirements. a. Minimum Order Requirements. Except as may be otherwise agreed to in writing, Enrolled Affiliate's Enterprise must have a minimum of 250 Qualified Users or Qualified Devices. (1) Initial Order. Initial order must include at least 250 Licenses from one of the four groups outlined in the Product Selection Form. (ii) If choosing Enterprise Products. If choosing Enterprise Products in a specific group outlined in the Product Selection Form, Enrolled Affiliate's initial order must include an Enterprise -wide selection of one or more Enterprise Products or a mix of Enterprise Products and corresponding Enterprise Online Services for that group. (iii) Additional Products. Upon satisfying the minimum order. requirements -above, Enrolled Affiliate may order Additional Products. (iv) Country of Usage. Enrolled Affiliate must specify the countries where Licenses will be used on its initial order and on any additional orders. b. Adding Products. (i) Adding new Products not previously ordered. .,Enrolled Affiliate may add new Enterprise Products by entering into a new Enrollmerit or as part of a renewal. New Enterprise Online Services may be •added by contacting: 'a Reseller. New Additional Products, other than Online Services,.may be used if an order is placed in the month the Product is first used. For Additional Products that are Online Services, an initial order for the Online Service is required prior to use. ` , •(ii) Adding Licenses for previously ordered Products. Additional Licenses for previously ordered Products must be Included In the next true -up order. Enrolled Affiliate must Licenses for Online Services prior to use, unless the Online Services are (1) identified as eligible for true -up in the Product List or (2) included as part of other Licenses (e.g., Enterprise CAL). c. True -up orders. Enrolled Affiliate must submit an annual true -up order that accounts for changes since the initial order or last true -up order, including: (1) any increase in Licenses, including any increase in Qualified Devices or Qualified Users and Reserved Licenses; (2) Transitions (if permitted); or (3) Subscription License quantity reductions (if permitted). Microsoft, at its discretion and as permitted by applicable law, may validate the customer true -up data submitted through a formal product deployment assessment, using an approved Software Asset Management ('SAM') Partner. The true -up order must be received by Microsoft between 60 and 30 days prior to the Enrollment anniversary date. The third -year anniversary true -up order is due within 30 days prior to the Expiration Date, Enrolled Affiliate may true -up more often than at each Enrollment anniversary date except for Subscription License reductions. (i) Enterprise Products. Enrolled Affiliate must determine the current number of Qualified Devices and Qualified Users (if ordering user -based Licenses) and order the License difference (if any), including any Enterprise Online Services. EA2011 EnrGov(US)SLG(ENG)(Ju12011) Page 4 of 14 Document X20-02113 P134 Microsoft° I Volume Licensing (ii) Additional Products. For Products which have been previously ordered, Enrolled Affiliate must determine the Additional Products used and order the License difference (if any). (iii) Online Services. For Online Services identified as eligible for true -up orders in the Product List, Enrolled Affiliate must first reserve the additional Licenses prior to use. Microsoft will provide a report of Reserved Licenses in excess of existing orders to Enrolled Affiliate and its Reseller. Reserved Licenses will be invoiced retroactively for the prior year based upon the month in which they were reserved. (iv) Late true -up order. If the true -up order is not received when due: 1) Microsoft will invoice Reseller for all Reserved Licenses not previously ordered. 2) Transitions and Subscription License reductions cannot be reported until the following Enrollment anniversary date (or at Enrollment renewal, as applicable). (v) Transitions. Enrolled Affiliate must report all Transitions. Transitions may result in an increase in Licenses to be included on the true -up order and a reduction of Licenses for prior orders. Reductions in Licenses will be effective at end of the Transition Period. Associated invoices will also reflect this change. (vi) Subscription License Reductions. Enrolled Affiliate may reduce the quantity of Subscription Licenses on a prospective basis if permitted in the Product List as .follows: 1) For Subscription Licenses part of an Enterprise -wide commitments Licenses may be reduced if the total quantity of Licenses and Software Assurance for an applicable group meets or exceeds the quantity of Qualified Devices Identified on the Product Selection.Form. Step-up Licenses do not count towards this total count. 2) For Enterprise Online -Services not .a part of an Enterprise-w'ide commitment, Licenses can be reduced as long as the initial order minimum requirements are maintained. 3) For Additional Products available as Subscription Licenses, Enrolled Affiliate may reduce the Licenses. If the License count is reduced to.zero, then Enrolled Affiliate's use of the applicable Subscription License will be cancelled. Invoices will be adjusted to reflect any reductions in Subscription Licenses at the true -up order Enrollment anniversary date and effective as of such date. (vii)Update statement. An update statement must be submitted instead of a true -up order if, as of the initial order or last true -up order, Enrolled Affiliate's Enterprise has not: (1) changed the number of Qualified Devices and Qualified Users licensed with Enterprise Products or Enterprise Online Services; and (2) increased its usage of Additional Products. This update statement must be signed by Enrolled Affiliate's authorized representative. The update statement must be received by Microsoft between 60 and 30 days prior to the Enrollment anniversary date. The last update statement is due at least 30 days prior to the Expiration Date. d. Step-up Licenses. For Licenses eligible for a step-up under this Enrollment, Enrolled Affiliate may step-up to a higher edition or suite as follows: (i) For step-up Licenses included on an initial order, Enrolled Affiliate may order according to the true -up process. (fi) If step-up Licenses are not included on an initial order, Enrolled Affiliate may step-up initially by following the process described in the Section titled "Adding new Products not previously ordered," then for additional step-up Licenses, by following the true -up order process. EA2011 EnrGov(US)SLG(ENG)(Ju12011) Page 5 of 14 Document X20-02113 P135 Microsoft- I Volume Licensing (ill) If Enrolled Affiliate has previously ordered an Online Service as an Additional Product and wants to step-up to an Enterprise Online Service eligible for a Transition, the step-up may be reported as a Transition. (iv) If Enrolled Affiliate Transitions a License, it may be able to further step-up the Transitioned License. If Enrolled Affiliate chooses to step-up and the step-up License is separately eligible to be Transitioned, such step-up Licenses may result in a License reduction at the Enrollment anniversary date following the step-up. 6. Payment terms. For the initial or renewal order, Enrolled Affiliate may pay upfront or elect to spread its payments over the applicable Enrollment term. If spread payments are elected, unless indicated otherwise, Microsoft will invoice Enrolled Affiliate's Reseller in three equal annual installments. The first installment will be invoiced upon Microsoft's acceptance of this Enrollment and on each Enrollment anniversary date. Subsequent orders are invoiced upon acceptance of the order and Enrolled Affiliate may elect to pay annually or upfront for Online Services and upfront for all other Licenses. 7. End of Enrollment term and termination. a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for Licenses for Products it has used but has not previously submitted an order, except as otherwise provided in this Enrollment. b. Renewal Option.= At the Expiration Date, Enrolled Affiliate can renew Products =by renewing the Enrollment for one additional 36 full calendar month term or signing a new Enrollment. Microsoft must receive a Product Selection Form and renewal. order prior to or at the Expiration Date. The renewal term will start on the day following the Expiration Date. Microsoft will not unreasonably reject any renewal. Microsoft may make a .change to this program that will make it necessary for Customer and its Enrolled Affiliates to enter into new Agreements and Enrollments. . � `'* c. If Enrolled Affiliate elects not to renew. (i) Software Assurance. If Enrolled Affiliate elects not to renew Software Assurance for any Product under Its Enrollment, then Enrolled Affiliate will not be permitted to order Software Assurance later without first acquiring L&SA. -(ii) Online Services eligible for an Extended Term. For Online Services identified as eligible for an Extended Term in the Product List, the following options are available at the end of the Enrollment initial or renewal term. 1) Extended Term. Licenses for Online Services will automatically expire in accordance with the terms of the Enrollment. An extended term feature that allows Online Services to continue month-to-month ("Extended Term") is available. During the Extended Term, Online Services will be invoiced monthly at the then -current published price for Enrolled Affiliate's price level as of the Expiration Date plus a 3% administrative fee for up to one year. If Enrolled Affiliate does want an Extended Term, Government Partner must submit a request to Microsoft. Microsoft must receive the request not less than 30 days prior to the Expiration Date. 2) Cancellation during Extended Term. If Enrolled Affiliate has opted for the Extended Term and later determines not to continue with the Extended Term, Government Partner must submit a notice of cancellation for each Online Service. Cancellation will be effective at the end of the month following 30 days after Microsoft has received the notice. (iii) Online Services not eligible for an Extended Term. If Online Services are not identified as eligible for an Extended Term in the Product List, the Licenses will be EA2011 EnrGov(US)SLG(ENG)(Ju12011) Page 6 of 14 Document X20-02113 P136 Microsoft` I Volume Licensing cancelled and will terminate as of the Expiration Date. Any associated media must be uninstalled and destroyed and Enrolled Affiliate's Enterprise must discontinue use. Microsoft may request written certification to verify compliance. (iv) customer Data. Upon expiration or termination of a License for Online Services, Enrolled Affiliate must tell Microsoft whether to: 1) disable its account and then delete its Customer Data ("Data Deletion"); or 2) retain its Customer Data in a limited function account for at least 90 days after expiration or termination of the License for such Online Service (the "Retention Period") so that Enrolled Affiliate may extract its Customer Data. 3) If Enrolled Affiliate indicates Data Deletion, Enrolled Affiliate will not be able to extract its Customer Data. If Enrolled Affiliate Indicates it wants a Retention Period, Enrolled Affiliate will be able to extract its Customer Data through Microsoft's standard processes and tools, and Enrolled Affiliate will reimburse Microsoft if there are any applicable costs to the extent allowed by applicable law. If Enrolled Affiliate does not indicate either Data Deletion or a Retention Period, Microsoft will retain Enrolled Affiliate's Customer Data in accordance with the Retention Period. 4) Following the expiration of the Retention Period, Microsoft will disable Enrolled Affiliate's account and then delete its Customer Data. 5) Enrolled Affiliate agrees that, other than as described 'above, Microsoft has no obligation to continue to hold, export or return Enrolled Affiliate's Customer Data. Enrolled Affiliate agrees Microsoft has no liability whatsoever for deletion of Enrolled Affiliate's Customer Data pursuant to these terms. , d. Termination. (i) Termination for cause. Either party to an Enrollment may terminate it if' the other party materially breaches its obligations under this agreement, including any obligation to submit orders or pay invoices (even if such non-payment is caused by non -appropriation of funds). Except where the breach is by its nature not curable within 30 days,- theterminating,.party must give the other party 30 days notice and opportunity to cure.. (11) The parties acknowledge and agree that the State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. In the event funds are not appropriated by the Legislature, the State of Florida will provide 30 days written notice to Microsoft of such non -appropriation and intent to terminate any applicable Enrollments. (iii) (iii) Early termination. If (1) an Enrolled Affiliate terminates its Enrollment as a result of a breach by Microsoft, or (2) if Microsoft terminates an Enrollment because the Enrolled Affiliate has ceased to be an Affiliate of Customer, or (3) Enrolled Affiliate terminates an Enrollment for non - appropriation of funds, or (4) Microsoft terminate an Enrollment for non-payment due to non -appropriation of funds, then the Enrolled Affiliate will have the following options: • It may immediately pay the total remaining amount due, including all installments, in which case, the Enrolled Affiliate will have perpetual rights for all Licenses it has ordered; or It may pay only amounts due as of the termination date, in which case the Enrolled Affiliate will have perpetual Licenses for. 1) all copies of Products (including the latest version of Products ordered under SA coverage in the current term) for which payment has been made in full, and 2) the number of copies of Products it has ordered (including the latest version of Products ordered under Software Assurance coverage in current term) that is proportional to the total of EA2011 EnrGov(US)SLG(ENG)(Ju12011) Page 7 of 14 Document X20-02113 P137 Microsoft, I Volume Licensing installment payments paid versus total amounts due (paid and payable) if the early termination had not occurred. Nothing in this section shall affect perpetual License rights acquired either in a separate agreement or in a prior term of the terminated Enrollment. (iv) Effect of termination or expiration. When an Enrollment expires or is terminated, ■ Enrolled Affiliate must order Licenses for all copies of Products it has run for which it has not previously submitted an order. Any and all unpaid payments or any order of any kind, including subscription services, remain due and payable. Except as provided in the subsection titled "Early termination," all unpaid payments for Licenses immediately become due and payable. ■ Enrolled Affiliate's right to Software Assurance benefits under this agreement ends if it does not renew Software Assurance. (v) Modification or termination of an Online Service for regulatory reasons. Microsoft may modify or terminate an Online Service where there is any current or future government requirement or obligation that: (1) subjects Microsoft to any regulation or requirement not generally applicable to businesses operating there; (2) presents a hardship for Microsoft to continue operating the Online Service without modification; and/or (3) causes Microsoft' to believe these terms or the Online Service may be in conflict with any such .requirement or obligation. For example, Microsoft may modify or terminate an Online Service in connection with a government requirement that would cause Microsoft to be regulated as a telecommunications provider. (vi) Enterprise Agreement Program updates. �'Microsoft ,may make a change to this program that will make it necessary for Customer and its Enrolled Affiliates to enter into new agreements and Enrollments.For Subscription Licenses, in the event of a breach by Microsoft, 'Microsoft will issue Reseller a credit for any amount paid in advance that.would apply -,after the date of termination. EA2011 EnrGov(US)SLG(ENG)(Jul2011) Page 8 of 14 Document X20-02113 P138 Microsoft I Volume Licensing Enrollment Details 1. Enrolled Affiliate's Enterprise. Identify which Affiliates are included in the Enterprise. Check only one box in this section: ® Enrolled Affiliate ❑ Enrolled Affiliate and the following Affiliate(s): ❑ Enrolled Affiliate and all Affiliates, with following Affiliate(s) excluded: Please indicate whether the Enrolled Affiliate's, Enterprise will include all new Affiliates acquired after the start of this Enrollment: Exclude future Affiliates 2. Contact information. Each party will notify the other in writing if any of the information in the following contact information page(s) changes. The asterisks (*) indicate required fields. By providing contact information, Enrolled Affiliate consents to its use for purposes of administering this Enrollment by Microsoft, its Affiliates, and other, parties that help administer this Enrollment. The personal information provided in connection with this Enrollment will be used and protected in accordance with the privacy statement available at httos://wWw.microsoft.com/Ilcensing/servicecenter. a. Primary contact. This contact is the primary contact for the Enrollment from within Enrolled Affiliate's Enterprise. This contact is also an Online Administrator for the Volume Licensing Service Center and may grant online access to others. Name of entity (must be legal entity name)* Indian River County BOCC Contact name* First Basil Last Dancy Contact email address* bdancy@ircgov.com Street address* 1601 27" St. City* Vero Beach State/Province* FL Postal code* 32960-3388 (For U.S. addresses, please provide the zip + 4, e.g. xxxxx-xxxx) Country* US Phone* 772-226-1256 Fax 772-226-1558 Tax ID b. Notices contact and Online Administrator. This contact (1) receives the contractual notices, (2) is the Online Administrator for the Volume Licensing Service Center and may EA2011 EnrGov(US)SLG(ENG)(Ju12011) Page 9 of 14 Document X20-02113 P139 Microsoft- I Volume Licensing grant online access to others, and (3) is authorized for applicable Online Services to add or reassign Licenses, step-up, and initiate Transitions prior to a true -up order. ® Same as primary contact Name of entity* Contact name* First Last Contact email address* Street address* City* State/Province* Postal code* - (For U.S. addresses, please provide the zip + 4, e.g. xxxxx-xxxx) Country* Phone* Fax Language preference. Choose the language for notices. English ❑ This contact is a third party (not the Enrolled Affiliate). Warning: This contact receives personally identifiable information of the Customer and its Affiliates. c. Microsoft Account Manager. Microsoft Account Manager for this Enrolled Affiliate is: Microsoft account manager name: Microsoft account manager email address: d. Media delivery contact (DO NOT COMPLETE IF ATTACHINd MEDIA ELECTION FORM). This is the contact at the ship to/electronic delivery address. ® Same as notices contact and Online Administrator Name of entity* Contact name: First* Last* Contact email address (required for online access)* Street address (no PO boxes accepted)* City* State/Province* Postal code* - (For U.S. addresses, please provide the zip + 4, e.g. xxxxx=xXxx) Country* Phone* Fax e. Online Services Manager. This contact is authorized to manage the Online Services ordered under the Enrollment and (for applicable Online Services) to add or reassign Licenses, step-up, and initiate Transitions prior to a true -up order, ® Same as notices contact and Online Administrator Name of entity* Contact name*: First Last Contact email address* Street address* City* State/Province* Postal code* Country* Phone* Fax ❑ This contact is from a third party organization (not the receives personally identifiable information of the entity. entity), Warning: This contact f. Reseller information. Reseller contact for this Enrollment is: Reseller company name* SHI International Corp Street address (PO boxes will not be accepted)* 290 Davidson Ave City* Somerset State/Province* NJ Postal code* 08873 Country* US Contact name* EA2011 EnrGov(US)SLG(ENG)(Ju12011) Page 10 of 14 Document X20-02113 P140 Microsoft, I Volume Licensing Phone" Fax Contact email address* The undersigned confirms that the information is correct. Name of Reseller* SHI International Corp Signature* Printed name* Printed title* Date* Changing a Reseller. If Microsoft or the Reseller chooses to discontinue doing business with each other., Enrolled Affiliate must choose a replacement Reseller. If Enrolled Affiliate or the Reseller intends to terminate their relationship, the initiating party must notify Microsoft and the other party using a form provided by Microsoft at least 90 days prior to the date on which the change is to take effect. g. If Enrolled Affiliate requires a separate contact for any of the following, attach the Supplemental Contact Information form. Otherwise, the notices contact and Online Administrator remains the default. . ' � - • Additional notices contact • Software Assurance manager • Subscriptions manager • Customer Support Manager (CSM) contact 3. Financing elections. Is a purchase under this Enrollment being financed through MS Financing? [] Yes, .® No. EA2011 EnrGov(US)SLG(ENG)(Ju12011) Page 11 of 14 Document X20-02113 P141 Microsoft, I Volume Licensing Enterprise and Enterprise Subscription Enrollment Product Selection Form — Amendment ID CTM-SplitCC The following Amendment replaces the standard Enterprise and Enterprise Subscription Enrollment Product Selection Form and Amends the "Order Requirements" Section of the Enrollment. This Amendment enables the Enrolled Affiliate the ability to meet the initial Enrollment Order requirements with Products other than Enterprise Products and Enterprise Online Services Products. These Products are captured under the Platform Option of "Enterprise Product Components" specified In Step 1 below. Enrolled Affiliate may select "Enterprise Product Components" for all Qualified Users/Devices without the requirement of also having Enterprise Products or Enterprise Online Services specified on this Amendment. Step 1. Please indicate whether Enrolled Affiliate is ordering Enterprise Products or Enterprise Online Services on the initial enrollment order. Choose both if applicable. ® Enterprise Products. Choose platform option: Components only (not full platform) Qualified Devices: 425 Qualified Users: 425 ❑ Enterprise Online Services Step 2. Select the Products and Quantities Enrolled Affiliate is ordering on its initial Enrollment Order. Quantity may not include any Licenses which Enrolled Affiliate has selected for optional future use, or to which it transitioning or stepping up within enrollment term. Products for which the Enrolled Affiliate has an option to transition or step-up shoLild be listed in Step 3. . • UCtS2 Quantity .Office Professional Plus Office Pro Plus Office Pro Plus for Office 365 Office Standard Office 365 Plans Office 365 Plan E1 Office 365 tPlan E2 Office 365 Plan E3 Office 365 (Plan E4 EA2011 EnrGov(US)SLG(ENG)(Ju12011) Page 12 of 14 Document X20-02113 P142 Micmoft• I Volume Licensing Products Client Access License (CAL). Choose 7 option for either Core CAL or Enterprise CAL ® Core CAL, including Bridge CAL's if applicable) Core CAL 425 Core CAL Bridge for Office 365 Core CAL Bridge for Windows Intune Core CAL Bridge for Office 365 and Windows Intune Enterprise CAL ECAL ECAL ECAL Bridge for Office 365 ECAL Bridge for Windows Intune ECAL Bridge for Office 365 and Windows Intune The Client Access License selection must be the same across the Enterprise. Specify whether licensing CAL per Device or User: User ;Enter rise•Product.ComponentsChoose 1'ot.multi ple Windows CAL Exchange Standard CAL LJ SharePoint Standard CAL Lyric Server Standard CAL El System Center Configuration Manager, Client ML ❑ Forefront End Point Protection Windows Remote Desktop Services CAL Lj Exchange Enterprise CAL n SharePoint Enterprise CAL El Lyric Server Enter rise CAL ❑ System Center Client Management Suite ML ❑ Forefront Protection Suite ❑ Forefront Unified Access Gateway CAL The Client Access License selection must. be the same across the Enterprise. Specify whether licensing CAL per Device or User: <Choose One> Windows Desktop Windows OS Upgrade Windows VDA Windows Intune Windows Intune Windows Intune Add-on Other Enterprise Products.;« Microsoft Desktop Optimization Pack MDOP SQL Server Device CAL SQL Server User CAL 425 If selecting Windows Desktop or Windows Intune option, Enrolled Affiliate acknowledges the following: a. The Windows Desktop Operating System Upgrade licenses offered through this Enrollment are not full licenses. The Enrolled Affiliate and any included Affiliates have qualifying operating system licenses for all devices on which the Windows Desktop Operating System Upgrade or Windows Intune licenses are run. b. In order to use a third party to reimage the Windows Operating System Upgrade, Enrolled Affiliate must certify that Enrolled Affiliate has acquired qualifying operating system licenses. See the Product List for details. EA2011 EnrGov(US)SLG(ENG)(Ju12011) Page 13 of 14 Document X20-02113 P143 Mkmsoft• I Volume Licensing Step 3. Indicate new Enterprise Products and Online Services Enrolled Affiliate has selected for optional future use where not selected on the Initial enrollment order (above): •' ❑ Office Pro Plus for Office 365 ❑ Office 365 Plan E1 Office 365 Plan E2 El Office 365 Plan E3 Office 365 Plan E4 Enter rise CAL (ECAC) Step-up, including Bridge CALs El Windows Intune Windows Intune Add-on Step 4. Establish the Enrolled Affiliate's Price Level. Enrolled Affiliate must first count the quantity of Software Assurance and Licenses in each of the groups as described below by using the quantities entered in the above table. If Enrolled Affiliate does not order an Enterprise Product or Enterprise Online Service associated with an applicable Product pool, the price level for Additional Products In the same pool will be price level "D" throughout the term of the Enrollment. Do not include Bridge CALs, as License quantities are :determined by the corresponding Enterprise Online Service(s). Office Professional Plus + Office Professional Plus for Office 365 + Office 365 (Plans E2—E4) Client Access.License + Office 365 (Plans E1 -E4) + Enterprise Client Access License + Windows Intune Add-on + Windows Intune + Windows Desktop Upgrade + Windows.VDA + Windows Intune Price roup Qty from above Qty Level —and Above 3 1 425 4 Enterprise Products and Enterprise Online Services- Set price level using the D highest quantity from Groups 1 through 4 Additional Product Application Pool: Set price level using quantity from Group 1 D Additional Product Server Pool: Set price level using the highest quantity from D Group 2 or 3 Additional Product Systems Pool: Set price level using quantity from Group 4 D Enterprise Online Services may not be available in all locations. Please see the Product List for a list of locations where these may be purchased. s Additional Products may be included on the order, but are not selected on this form. 3 Windows Intune Add-on requires purchase of Windows OS Upgrade or Windows VDA. "MDOP requires purchase of Windows OS Upgrade, Windows VDA, or Windows Intune. == _This;form :must be attached fo. a;si nature-form.#o`lie valid: - _.. _., EA2011 EnrGov(US)SLG(ENG)(Ju12011) Page 14 of 14 Document X20-02113 P144 Federal tax ID: 22.3009648 290 Davidson Ave. Somerset, NJ 06873 Phone: 868-235.3871 Fax: 732-805.9669 Please remit payment to: SHI International Corp P.O. Box 952121 Dallas, TX 75395.2121 Wire information: Wells Fargo Bank Wire Rt# 121000248 ACH Rt# 021200025 Acoount#2000037641964 SWIFT Code: WFBIUS6S For W-9 Form, vwvw.shi.com/W9 Bill To INDIAN RIVER COUNTY COUNTY ADMINISTRATION STREET, BLDG A ATTN: A/P VERO BEACH, FL 32960 USA ShipDate Salesperson 11/30/2016 Din Bissoondial Item No. Mfg Part No. 21038475 W06-00446, No Media MICROSOFT SELECT BUILDING 1801 27TH Purchase Order 73928-00 Description CoreCAL ALNG SA MVL UsrCAL Windows - Multiple Windows Platform All Languages No Media Software Contract number: 252-001-09-1 Enrollment No.: 7409364 Agreement No.: 01E73214 Country of Usage: USA Maintenance From date:12/1/2016 Maintenance To date: 11/30/2017 Invoice No. 805820304 Invoice date 11/30/2016 Customer number 1012265 Sales order S43012519 Finance charge of 1.5% per month will be charged on past due accounts - 18%/yr. All returns require an RMA# supplied by your SHI Sales team. Qty Qty Unit Extended Ordered Shipped Price Price 425 425 66.25 28,156.25 20977674 Microsoft SOL Server - software assurance 425 425 30.44 12,937.00 359-00961 Windows - Multiple Windows Platform All No Media Languages No Media Software MICROSOFT SELECT Contract number. 252-001-09-1 Ship To i 12 ?OPo j Indian River County Agreement No.: 01E73214 1800 27th Street Country of Usage: USA Vero Beach, FL 32960 Maintenance From date: 12/1/2016 USA Maintenance To date: 1113012017 73928- BASIL DANCY ExchgSvrEnt ALNG SA MVL 4 4 590.29 2,361-16 Ship Via IFQS Terms LICENSE ONLY I FOB ORIGIN NET 30 Qty Qty Unit Extended Ordered Shipped Price Price 425 425 66.25 28,156.25 20977674 Microsoft SOL Server - software assurance 425 425 30.44 12,937.00 359-00961 Windows - Multiple Windows Platform All No Media Languages No Media Software MICROSOFT SELECT Contract number. 252-001-09-1 Enrollment No.: 7409364 Agreement No.: 01E73214 Country of Usage: USA Maintenance From date: 12/1/2016 Maintenance To date: 1113012017 20977689 395-02504 ExchgSvrEnt ALNG SA MVL 4 4 590.29 2,361-16 Windows - Multiple Windows Platform All No Media Languages No Media Software MICROSOFT SELECT Contract rumbef: 252-001.09-1 Enrollment No.: 7409364 Agreement No.: 01E73214 Country of Usage: USA Maintenance From date: 12/1/2016 Maintenance To date: 11130/2017 20979979 SQL Server Enterprise Edition - SA 5 5 1,251.86 6,259.30 810-04760 Windows - Multiple Windows Platform All No Media Languages No Media Software MICROSOFT SELECT Contract number: 252-001-09-1 Enrollment No.: 7409364 Agreement No.: 01 E73214 Country of Usage: USA Maintenance From date: 12/1/2016 Maintenance To date: 11/30/2017 Page 1 of 2 P145 T M tax ID: 22.3009648 290 Davidson Ave. Somerset, NJ 08873 Phone: 888-235-3871 Fax: 732-805.9669 Please remit payment to: SHI Intemational Corp P.O. Box 952121 Dallas, TX 75395.2121 Wire information: Wells Fargo Bank Wire Rt# 121000248 ACH Rt# 021200025 Acoount#2000037641964 SWIFT Code: WFBIUM For W-9 Form, www,shi.com/Wg Bill To INDIAN RIVER COUNTY COUNTY ADMINISTRATION BUILDING 1801 27TH STREET, BLDG A ATTN: A/P VERO BEACH, FL 32960 USA 25384324 SysCtrDatactr ALNG SA MVL 2Proc T6L-00238 Windows - Multiple Windows Platform All No Media Languages No Media Software MICROSOFT SELECT Contract number: 252-001-09-1 Enrollment No.: 7409364 Agreement No.: OIE73214 Country of Usage: USA Maintenance From date: 12/1/2016 Maintenance To date: 11/30/2017 Invoice No. B06820304 Invoice date 11/30/2016 Customer number 1012265 Sales order S43012519 Finance charge of 1.5% per month will be charged on past due accounts-18%/yr Agreement No.: 01 E73214 All returns require an RMA# supplied by your SHI Sales team. Maintenance From date: 12/1/2016 Maintenance To date: 11/30/2017 Ship To = Ut Indian River County 1800 27th Street Vero Beach, FL 32960 USA 73928-OO/BASIL DANCY 350.46 350.46 26268977 WinSvrStd ALNG SA MVL 2Proc 53 53 129.20 6,847.60 P73-05898 Windows - Multiple Windows Platform All No Media Languages No Media Software MICROSOFT SELECT Contract number. 252-001-09-1 Total Enrollment No.: 7409364 Currency Agreement No.: 01 E73214 Country of Usage: USA Maintenance From date: 12/1/2016 Maintenance To date: 11/30/2017 Quote: 10677699 Sales Balance 56,911.77 Freight 0.00 Recycling Fee 0.00 Sales Tax 0.00 Total 56,911.77 Currency USD Page 2 of 2 P146 Federal lax ID: 22-3009648 290 Davidson Ave. Somerset. NJ 08873 Phone: 888-235.3871 Fax: 732-805.9669 Please remit payment to: SHI International Corp P.O. Box 952121 Dallas, TX 75395-2121 Wire Information: Wells Fargo Bank Wire Rt# 121000248 ACH RI# 021200025 Account#2000037641984 SWIFT Code: WFBIUS6S For W-9 Form, www.shi.0om/W9 Invoice No. B05820287 Invoice date 11/30/2016 Customer number 1012265 Sales order S43012518 Finance charge of 1.5% per month will be charged on past due accounts-18°k/yr. All returns require an RMA# supplied by your SHI Sales team. Bill To Ship To INDIAN RIVER COUNTY Indian River County COUNTY ADMINISTRATION BUILDING 1801 27TH 1800 27th Street STREET, BLDG A ATTN: A/P Vero Beach, FL 32960 VERO BEACH, FL 32960 USA USA 73923-01/BASIL DANCY Ship Date Salesperson Purchase Order ==Ship Via I FOB I Terms 11/30/2016 Din Bissoondial 73923-01 1 LICENSE ONLY I FOB ORIGIN _,NET 30 Item No. Description Qty Qty Unit Extended Mfg Part No. Ordered Shipped Price Price 18356919 CoreCAL ALNG SA MVL Pltfrm UsrCAL 25 25 40.01 1,000.25 W06-01072 Windows - Multiple Windows Platform All No Media Languages No Media Software Microsoft Corporation Contract number: 252-001-09-1 Enrollment No.: 5842412 Agreement No.: 01 E73214 Country of Usage: USA 20977237 Maintenance From date: 12/1/2016 076-01912 Maintenance To date: 11/30/2017 18344354 OfficeProPlus ALNG SA MVL Pltfrm 25 25 80.03 2,000:75 269-12442 Windows - Multiple Windows Platform English No Media No Media Software Microsoft Corporation Contract number: 252-001-09-1 Enrollment No.: 5642412 Agreement No.: 01E73214 Country of Usage: USA Maintenance From date: 12/1/2016 Maintenance To date: 11/30/2017 30759376 WINENT ALNG SA MVL Pltfrm 25 25 35.65 891.25 KV3-00353 Windows - Multiple Windows Platform All No Media Languages No Media Software MICROSOFT SELECT Contract number: 252-001-09-1 Enrollment No.: 5642412 Agreement No.: 01E73214 Country of Usage: USA Maintenance From date: 12/1/2016 Maintenance To date: 11/30/2017 20977237 Microsoft Project - SA GSA Select 6 5 95.78 478.90 076-01912 Windows - Multiple Windows Platform All No Media Languages No Media Software MICROSOFT SELECT Contract number: 252-001-09-1 Enrollment No.: 5642412 Agreement No.: 01E73214 Country of Usage: USA Maintenance From date: 12/1/2016 Maintenance To date: 11/30/2017 Page 1 of 2 P147 Federal tax ID: 22-3009648 290 Davidson Ave. Somerset, NJ 08873 Phone: 688-235-3871 Fax: 732-805.9689 Please remit payment to: SHI International Corp P.O. Box 952121 Dallas, TX 75395-2121 Wire information: Wells Fargo Bank Wire Rt# 121000248 ACH Rt# 021200025 Account#2000037641964 SWIFT Code: WFBIUS6S For W-9 Form, www.shi.com/W9 8111 To INDIAN RIVER COUNTY COUNTY ADMINISTRATION BUILDING 1801 27TH STREET, BLDG A ATTN: AIP VERO BEACH, FL 32960 USA 20977674 Microsoft SOL Server - software assurance 359-00961 Windows - Multiple Windows Platform All No Media Languages'No Media Software MICROSOFT SELECT Contract number: 252-001-09-1 Total Enrollment No.: 6642412 Currency Agreement No.: 01E73214 Country of Usage: USA Ship To Maintenance From date: 12/1/2016 Indian River County 1800 27th Street Maintenance To date: 11/30/2017 Invoice No. 805820287 Invoice date 11/30/2016 Customer number 1012265 Sales order S43012518 Finance charge of 1.5% per month will be charged on past due accounts-18%/yr. D87-01159 All returns require an RMA# supplied by your SHI Sales team. Languages No Media Software MICROSOFT SELECT yr LE Total Enrollment No.: 5642412 Currency Agreement No.: 01E73214 UE� j 2 10111 Ship To Maintenance From date: 12/1/2016 Indian River County 1800 27th Street i 1 t Vero Beach, FL 32960 n :, •, .,•" USA Windows - Multiple Windows Platform All 73923-01/BASIL DANCY Languages No Media Software 26 25 30.44 761.00 20988372 Vlsio Professional - software assurance 5 5 81.68 408.40 D87-01159 Windows - Multiple Windows Platform All No Media Languages No Media Software MICROSOFT SELECT Contract number: 252-001-09-1 Total Enrollment No.: 5642412 Currency Agreement No.: 01E73214 Country of Usage: USA Maintenance From date: 12/1/2016 Maintenance To date: 11/30/2017 30869273 VSEntwMSDN ALNG SA MVL Promo 2 2 955.60 1,911.20 MX3-00253 Windows - Multiple Windows Platform All No Media Languages No Media Software MICROSOFT SELECT Contract number: 252-001-09-1 Enrollment No.: 5642412 Agreement No.: 01 E73214 Country of Usage: USA Maintenance From date: 12/1/2016 Maintenario To date: 11/3012017 Quote: 10677798 Sales Balance 7,451.75 Freight 0.00 Recycling Fee 0.00 Sales Tax 0.00 Total 1,451.75 Currency USD Page 2 of 2 P148 PUBLIC NOTICE ITEMS: 2/21/17 10 Q Office Of INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Corner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold - County Attorney DATE: February 13, 2017 ATTORNEY RE: Public Notice of Public Hearing Scheduled for March 7, 2017 to Consider Amending Section 312.18 (Traffic Control Devices) of Chapter 312 (Rights -Of -Way) of the Code of Indian River County to Modify Requirements Pertaining to Board Approval of Traffic Control Devices and the Traffic Control Device Ledger The Board of County Commissioners will hold a Public Hearing on Tuesday, March 7, 2017, to consider adoption of a proposed ordinance entitled: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 312.18 (TRAFFIC CONTROL DEVICES) OF CHAPTER 312 (RIGHTS-OF-WAY) OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA, MODIFYING REQUIREMENTS PERTAINING TO BOARD APPROVAL OF TRAFFIC CONTROL DEVICES AND THE TRAFFIC CONTROL DEVICE LEDGER; AND PROVIDING FOR CODIFICATION, SEVERABILITY, A GENERAL REPEALER AND AN EFFECTIVE DATE. /nhm P149 11A COUNTY ADMINISTRATOR MATTERS INDIAN RIVER COUNTY MEMORANDUM TO: Jason Brown County Administrator FROM: Suzanne Boyll,ll Director of Human Resources DATE: February 15, 2017 SUBJECT: Executive Session Staff has been collectively bargaining with the IAFF union since April 2016. The parties have tentatively agreed to many articles of the collective bargaining agreement; however, other articles of significant financial or administrative impact remain unresolved. As approved at the February 14, 2017 Board of County Commissioners' meeting, an executive session has been scheduled for 10:00 a.m. on February 21, 2017. Members of the bargaining committee that will be present at the executive session include: Suzanne Boyll, Director of Human Resources; Michael Zito, Assistant County Administrator; John King, Emergency Services Director; Brian Burkeen, Emergency Services Assistant Chief, Michael Smykowski, Director, Management & Budget; and Jeffrey Mandel, Attorney with Fisher & Phillips, LLP; as well as the County Administrator, Jason E. Brown. Recommendation Meet with staff under an executive session to discuss the resolution of the IAFF collective bargaining agreement. P150 IaEI Departmental Matters INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: February 13, 2017 FROM: Michael R. Smykowski Director, Office of Management & Budget SUBJECT: 2017/2018 BUDGET WORKSHOP / HEARING SCHEDULE Description Presented below are selected dates for the 2017/2018 budget workshop and the tentative and final budget hearings. Budget Workshops: Budget Packet distributed to the Board of Commissioners Friday, July 7, 2017 Scheduled Budget Workshop Budget Hearings: Public Hearing on Tentative budget and proposed millage rates Final Budget Hearing to adopt budget and millage rates Wednesday, July 12, 2017 Thursday, July 13, 2017 (as needed) Wednesday, Sept. 13 , 2017 at 5:01 p.m. Wednesday, Sept. 20, 2017 at 5:01 p.m. Note: The tentative and final budget hearing dates are preliminary in nature. Once the Indian River County School District sets the dates for their budget hearings, we may need to change these dates to ensure that there is not a conflict. Recommendation Staff recommends that the Board of Commissioners approve the budget workshop dates and the dates for the budget hearings for the 2017/2018 budgets. P151 L�rI INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, .County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director FROM: James W. Ennis P.E., County Engineer SUBJECT: Award of Bid No. 2017017 Round Island Riverside Park Pavement Resurfacing DATE: February 13th, 2017 DESCRIPTION AND CONDITIONS On March 16, 2015 the Indian River County Board of County Commissioners authorized staff, Consent Item 8E, to apply for grant money from the Florida Inland Navigation District Waterways Assistance Program for improvements to Round Island Riverside Park and the Archie Smith Fish House Phase I Restoration Projects. As part of thegrant requirements there was a $241,600 cost -share match requirement. The resurfacing of Round Island Riverside Park from the Secondary Roads Fund (Fund 109) was identified as thesourceforthe matching requirement. The project has been designed, permitted, and bids to construct the project have been received. The project consists of a repair of potholes and asphalt overlay of the existing ingress/egress road, parking areas, and boat ramp approaches for the Round Island Riverside park facilities in addition to some drainage maintenance and ADA compliance modifications to the sidewalk leading to the restroom facilities. These improvements will provide for improved access and use at this park facility. The project estimate provided by the Indian River County Engineering Department, site improvements totaled $175,270.23 for all of the detailed work including $15,000 for an approximate 10% contingency. A bid opening for the IRC Round Island Riverside Park Pavement Resurfacingwas held onJanuary, 25th 2017. 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 follow: Mancil's Tractor Service, Inc. Community Asphalt Corp. Ranger Construction Industries, Inc. Timothy Rose Contracting, Inc. Palm City, Florida $205,863.65 Vero Beach, Florida $233,504.70 Ft. Pierce, Florida $260,245.80 Vero Beach, Florida $293,944.89 Mancil's Tractor Service, Inc. provided the lowest bid, of $205,863.65, for the project; however, due to recent issues of non-compliance with Indian River County contract requirements the Public Works Department does not find Mancil's to be responsible bidder. While acting as a subcontractor on the County's Intergenerational Building, inspection of ManciI's work showed it was in direct conflict with the bid specifications and construction plans. Mancil was warned about the improper work and that remediation to correct the work would be required. Three days after the warning, a site inspection revealed the same significant violation by Mancil. Therefore, staff recommends award to the next lowest bidder. Community C:\Users\GRANIC—I\AppData\Local\Temp\BCL Technologies\easyPDF 7\na,BCL@100545D8\@8CL@100545D8.doe P152 Page 2 Award of Bid 2017017 BCC Agenda Item for February Wt. 2017 Asphalt Corporation is considered to be the lowest, responsive, responsible bidder for the project with a bid totaling $233,504.70. Community Asphalt Corporation has completed various construction projects within the County, and has consistently performed work in a satisfactory manner. FUNDING Funding for the Round Island Riverside Park Pavement Resurfacing Project is budgeted in the amount of $96,000 from Florida Boating Improvement Funds/Round island Riverside Improvements -Account No. 13321072-066510-16015, the $137,504.70 remainder of the match for the Round Island Riverside Park Pavement Resurfacing Project is to come from the Secondary Roads Fund and is available from Account No. 10921441 -066510 -16015 -Secondary Roads/Round Island Riverside Improvements. RECOMMENDATION Staff recommends the Board approve award to the lowest responsive and responsible bidder, Community Asphalt Corp., for $233,504.70. Staff further recommends the Board authorize the Chairman to execute the attached agreement upon review and approval of both the agreement and required public construction bond by the County Attorney as to form and legal sufficiency, and the receipt and approval of required insurance by the Risk Manager. ATTACHMENTS Sample Agreement DISTRIBUTION Mancil's Tractor Service, Inc. Community Asphalt Corp. Ranger Construction Industries, Inc. Timothy Rose Contracting, Inc APPROVED AGENDA ITEM FOR FEBRUARY 21 2017 C:\Users\GRANIC—I\AppData\Local\Temp\BCLTechnologies\easyPDF 7\@a,BCL@100545D8\@a BCL@100545D8.doc P153 SECTION 00520 - Agreement (Public Works) TABLE OF CONTENTS Title Page ARTICLE1- WORK.................................................................................................................................2 ARTICLE2 - THE PROJECT.............................................................. f............................................. 2 ARTICLE3 - ENGINEER............................................................................. .............................. 2 k sTy : E- �� Y%:e's_%...............2 ARTICLE 4 - CONTRACT TIMES ..................................... �f ..................... r._ , ........ ;id_ AKHULE 5 - CONTRACT PRICE...... ARTICLE 6 - PAYMENT PROCEDU ARTICLE 7 - INDEMNIFIQA. XION.... Nn Fit. ARTICLE 8 - CONTRACTOR'S:REPI 01, ARTICLE 9 - CONTRAC`1;OCUMEI �C<r .........."�...f:............... &. ........................... 3 t.......x................................................................ 3 ............ :?.... ..................................................... 5 TAIONS...................................................................... 5 .......................................................................................... 6 ............................................................................................ 7 [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLYI @BCL@A405E2D2 00520-1 C:\Users\GRANIC-t\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@A405E2D2k@BCL@A405E2D2.doc P154 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 agree as follows: ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all Work a Documents. The Work is generally described , Milling and resurfacing of the existing rc Full depth reclamation of the asphalt are the existing swale. Pavement markings, sodding will also be included in this�proj ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work part is generally desafc Project Name: N a nts hereinafter set forth, in the Contract in Rouif�lf/fid Park. i ramp and-,egrading of - of r ?i ii sidewalk and ments may be the whole or only a 3.01 ���� iAda'a erC unty Public Works Department is hereinafter called the ENGINEER and'A pct as 8rbN )8 representative, assume all duties and responsibilities, and have the rights and autWrity assigned to ENGINEER in the Contract Documents in connection with the completiAff * f the Work in accordance with the Contract Documents. 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. B. The Contractor may only close the park entrance and associated facilities for (14) calendar days. All resurfacing activities requiring closure or detouring of the internal park roadways or the main entrance off of U.S. - Al shall be completed within this timeframe. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment @BCL@A405E2D2 00520-2 C:\Users\GRANtC-1\AppData\Local\Temp\BCL Techn01og1es\easyPDF 7\@BCL@A405E2D2\@BCL@A405E2D2.doc P155 A. The Work will be substantially completed on or before the 45th 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 75th calendar day after the date when the Contract Times commence to run. 4.03 Liquidated Damages A/f A. CONTRACTOR and OWNER recognize that time is of the esence of this Agreement and that OWNER will suffer financial loss if the Work isnot completed 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 wicome for this portion of work. The parties also recognize the delays, expense, and difii�'ia1lsnvolved in proving in a legal proceeding the actual loss suffered b�Q_NER if the Vllork,is not completed on time. Accordingly, instead of requiring any such3aroof, OWNEt nd CONTRACTOR agree that as liquidated damages for de,f ,uut not as a penalty), C�Nr ACTOR shall pay OWNER 958.00 for each caledr"" ijay that expires after theme specified in SM.. paragraph 4.02 for Substantial Compiletion until t e;Work`�ssubsta�i :Ily complete. After Substantial Completion, if CONTRAM . shall ,neglect, refuses fail to complete the remaining Work within the C@#' fact Timer atproper ex+esion thereof granted by OWNER, CONTRACTOR shalay„OWNER .95$.00 for each calendar day that expires after the time specified in paragfap $1.102 for cbl pletion and readiness for final payment until the Work is completed and re%y fdinal pa+yi'at. 4.:. f•/: i t•� l f'yA/.i � tiv L ryM ARTICLE 5 - CONTRACT PRICE<� � % 5.01 OWNER D"I'llu"pents, ay CON 4RACT VI.bt. ompletion of the Work in accordance with the r O �. Contract an aM. -Sunt in b&M.6nt funds equal to the sum of the amounts determined pi 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 Statutes section 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 tel nstruction services work purchased under the Contract Documents, to e.0 %with all costs associated with existing change orders and other additions or ffiddifications. to the construction services work provided under the Contract Documents � ; 6.03 Pay Requests. A. Each request for a progress pay,.. &,, 1esubmitted onfjeaplication for payment form supplied by OW`I=•�2 �ffiduthe ap§libation for payriint shall contain the CONTRACTORS certifi a f #ion. All progress payments vitillxbe on the basis of progress of the work measured -y the seiildule ow lues�tablished, or in the case of unit price workaased off} xhe tuber of uifs completed. After fifty percent (50%) comeio and usuant to Florida Statutes section 218.735(8)(d), the CONftAC;OR m siubmit a pay request to the County as OWNER for up to one ha11/2f the refarage held by the County as OWNER, and the Court_.' __. OWNER hall mptly Mjjke payment to the CONTRACTOR unless such�a oia.ts dare theubjectaf a good faith dispute; the subject of a claim pursuant'tooridaStatutes sec fio ;4255.05(2005); or otherwise the subject , , of claim or de gad by}t_i b-. aunty as OWNER or the CONTRACTOR. The COS � ' ; CTOR ack,66wled es aha#..where such retainage is attributable to the %4 rf 9 9 ,.,, ;, �: labor.:ser�fi es4 or maty 'bis supplied by one or more subcontractors or suppliers, the:5ntradt" t :shall timely remit payment of such retainage to those subcontractors Anda, suppliers. Pursuant to Florida Statutes section r 218.735(1@1` c 2A , `1O7!JTRACTOR further acknowledges and agrees that: 1 the County; as- NER shall receive immediate written notice of all decisions y,rJnaadelb�r`CITRACTOR to withhold retainage on any subcontractor at greater !f titan fve, percent (5%) after fifty percent (50%) completion; and 2) CONTRAG`fOlwill not seek release from the County as OWNER of the withheld retainage until the final pay request. 6.04 ParagrapheWIY2 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 @BCL@A405E2D2 00520-4 C:\Users\GRANIC-11AppData\Loca{1Temp\BCL Technologies\easyPDF 7\@BCL@A405E2D2\@BCL@A405E2D2.doc P157 CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every 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#he Construction Contract. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement 05N,.TRAC-TF R makes the following representations: A. CONTRACTOR has examined and carefully stifdik the Contra s ocu . ants and the other related data identified in the Bidding€umentse'"�., �,% B. CONTRACTOR has visited the Siteka`nd become'#amiliar uuith and ksatisfied as to the �� i. general, local, and Site conditions that"rria; ,affect' : st, prop e�s.�, .. 'ANTperformance of the Work. �,116 f�' MI- � �� C. CONTRACTOR is familiar with a Regulations that may affect cost, D. CONTRACTOR hastaf, subsurface conditions' II in or relating;. to existing (except Underground F. Vim.. �:r;::. Conditions as}p'roiided in drawings of QHazar M idb" .tifed in the upplei-rpt Ad,I ditions. .. -� . all federal, state, and local Laws and rmance of the Work. �d all:''} v14) reports of explorations and tests of Elio the §-'&and all drawings of physical conditions s.'db`§urface structures at or contiguous to the Site ave been identified in the Supplementary 4.02 of the General Conditions and (2) reports and ntal Condition, if any, at the Site which have been tions as provided in paragraph 4.06 of the General E. 'CsbNRACTOR hao tained and carefully studied (or assumes responsibility for having done},96"il5�Adtlitional ,: r supplementary examinations, investigations, explorations, tests, studies, and dat'.0" ncerning conditions (surface, subsurface, and Underground Facilities) at or contiguous tbthe Site which may affect cost, progress, or performance of the Work or which relatei5 any aspect of the means, methods, techniques, sequences, and procedures truction 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. @BCL@A405E2D2 00520-5 C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@A405E2D2\@BCL@A405E2D2.doc P158 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. ARTII 9.01 A. Appendix A — IRC Fertilizer Ordinances 12. CONTRACTOR'S BID (pages 00310-1 to 00310-7, inclusive); 13. Bid Bond (page 00430-1); 14. Qualifications Questionnaire (page 00456-1 to 00456-4, inclusive); 15. List of Subcontractors (page 00458-1); 00520-6 C:\Users\GRANIC-1\NppData\Local\Temp\BCL Technologles\easyPDF 7\@BCL@A405E202\@BCL@A405E2D2.doc Technical isive, with lavement @BCL@A405E2D2 P159 ARTII 10.01 A. 10.02 A. 10.03 l3 16. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); 17. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive); 18. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: 10.04 Severability of the ditions. ;. will be it to be moneys ghat the to the ;charge is, and id legal J in the A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid 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 @BCL@A405E2D2 00520-7 C:\Users\GRANIC-1\AppData\LocaiXTemp\BCL Technologies\easyPDF A BCL@A405E2D2\@BCL@A405E2D2.doc P160 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 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 required by the Countyo erform the service. (2) Upon request from the County's Custodian of Public ` , - rds, provide the County with yes AR& a copy of the requested records or allow the records to be rtspectetl>or copied within a ter, w reasonable time at a cost that does not exceed the cost provide in Chapter 119 or as otherwise provided by law. o� a. .�. (3) Ensure that public records that are { xempt or'cihfidential and`'ei,&"6,6"M,rom public records disclosure requirements are not i ffirkd exce t -.as authorizedItlaw for the duration of the contract term and following ompletibn. of the ontract::if the contractor does not transfer the records to the Countv. (4) Upon completion of the coi possession of the Contractor or perform the service. If the Cc f� completion of the contracfghe C exempt or confidentia ax contractor keeps and maaritau Contractor shall.: meet all aiic stored electrdh"Wall. ust be pi Public Records;' in' a-r,:mat the the County. a�;iotost, to the County all public records in WM14fj public records required by the County to :rs 110public records to the County upon e,stroYW;may duplicate public records that are librecords disclosure requirements. If the ds%pon completion of the contract, the nts for retaining public records. All records ;ounty, upon request from the Custodian of with the information technology systems of B. } IF THE C N� ACT -7.1 ;R HAS QUESTIONS REGARDING THE FLORIDA STATUTES TO THE APA-LICATION OF[ CHAPTER 119, , COf 1fiR•11 A` T R'S `DIRTY TO PROVIDE PUBLIC RECORDS RELATING F f 3 `f �, I t TO THIS CONts'AACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:A (772) 2. '424 Publicrecords(&-ircgov.com Indian River County Office of the County Attorney 180127' Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. @BCL@A405E2D2 00520-8 C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologles\easyPDF 7\@BCL@A405E2D2\@BCL@A405E2D2.doc P161 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: INDIAN RIVER COUNTY By: By: Joseph E. Flescher, Chairman Jason E. Brown, County Administrator APPROVED AS TO FORM AND SUFFICIENCY: 14 CONTRACTOR: By: By:f Dylan Reingold, County Attorney Aress for giving notices: 00 Jeffrey R. Smith, Clerk of CouCA a trollx: License No. Attest:w (Where applicable) Deputy Cler �fFfN, � (SEAL) ,f "� Agent for service of process: �' <<a� Desig"d Representati `. Name: the s,WEr nis P., PMP Designated Representative: Title: Couiiy}greer%f „ . Name: 1801 27th Street r{ > Title: Vero Beach, Florida 329fi _ Address: (772) 226-1221{` Facsimile: (772) 77$1 Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION * * @BCL@A405E2D2 00520-9 C:\Users\GRANIC-1WppData\Local\Temp\BCL TechnologlesleasyPDF 7\@BCL@A405E202V@BCL@A405E2D2.doc P162 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner Assistant County Attorney 13A County Attorneys Matters - B. C.C. 2.21.17 Ofce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: February 14, 2017 ATTORNEY SUBJECT: Fellsmere Water Control District Interlocal Agreement for Maintaining Unpaved Roads BACKGROUND On June 27, 2016, the Indian River County Board of County Commissioners (the "Board") conducted a workshop at the Fellsmere City Hall concerning the maintenance of unpaved roads within the Fellsmere Water Control District (the "FWCD"). At the workshop, the consensus of the Board was to direct Public Works to (1) expand the grading schedule without the need of hiring additional personnel or purchasing an additional grader; (2) provide a preliminary list of six to ten additional miles of roads in the FWCD that could be added to the grading schedule, and (3) draft an amendment to the Interlocal Agreement between Indian River County and FWCD, which would provide that the Interlocal Agreement would sunset once the FWCD became an improvement district under Florida Statutes within the next five years. On July 12, 2016, the Board voted to direct the County Administrator to add approximately 9 miles of additional unmaintained unpaved roadways to the current grader route within the FWCD. The Board also directed staff to prepare a budget amendment in the amount of $210,925 to fund additional stabilized material for such unpaved roadways. Finally, the Board directed the County Attorney's Office to prepare a revised Interlocal Agreement between Indian River County and the FWCD, which contained the following: F IAlrorraylLildnlG£NERALIB C CL4V doM1"1W 111--W&11C-&W D1.11d AV11—.(2).dk P163 Board of County Commissioners February 14, 2017 Page Two (a) Language concerning indemnity and hold harmless protections for Indian River County for all claims related to the drainage right-of-way for access; (b) Clarify definitions for roadway maintenance as maintenance of the FWCD access road for drainage canals/ditches; (c) Authorization for the direct discharge of untreated stormwater runoff from the unpaved roadways into the FWCD ditch system; (d) Clarification concerning the maintenance responsibilities for culverts and bridges within the FWCD right-of-way; (e) Requirement that FWCD pursue State approval for the FWCD to become an improvement district, so that roadway maintenance will be the responsibility of FWCD to maintain; (f) Addition of the roadways selected for maintenance for a three to five-year period. The Board authorized County staff to begin maintenance of the roadways selected, once the Interlocal Agreement between Indian River County and the FWCD was complete. On August 1, 2016, the County Attorney's Office sent a draft of the Third Amendment to Fellsmere Water Control District - Indian River County Inter -Governmental Agreement (the "Third Amendment") to the FWCD. On September 1, 2016, FWCD sent a revised Third Amendment to the County Attorney's Office. The revised Third Amendment included five significant changes: 1) extending the Interlocal Agreement from a three year term with two one year renewals to a five year initial term with two one year renewals; 2) eliminating the requirement that FWCD seek State approval to become an improvement district; 3) increasing the powers to be sought by FCWD from the State to include development of a) sanitary sewer collection and treatment systems and systems for the treatment and distribution of potable water, b) facilities for parks and facilities for indoor and outdoor recreational, cultural, and educational uses, and c) facilities for conservation areas, mitigation areas, and wildlife habitat; 4) eliminating all indemnity and hold harmless language; and 5) requiring FWCD culvert connection permits and a permit from either the St. Johns River Water Management District (the "SJRWMD") or the State Department of Environmental Protection (the "FDEP") for treated direct discharge of stormwater runoff into FWCD ditches from grassed roadside swales parallel to the roads and rights-of-way that the County would be required to construct as part of this Third Amendment. On November 22, 2016, the Board, after a discussion with Mr. Michael O'Haire, attorney for the FWCD, voted to direct staff to amend the Interlocal Agreement with FWCD to (1) add additional roads to the grading list; (2) add indemnity/hold harmless language; (3) include a paragraph that no more roads will be added to the list; (4) include a time limit of three years with two one year extensions; and (5) modify maintenance to grading responsibilities in the Interlocal Agreement. Pursuant to that direction, the County Attorney's Office revised the proposed Third Amendment. The County Attorney's Office and FWCD have exchanged drafts of the Third Amendmentsince the November 22, 2016 Board meeting. The most recent draft from the FWCD is attached. F•IAtm. wyVrdaIGENERALIB CCIAZenda U mwlFellmere Water Cw &v1 &grlclAgrtement (I).dac P164 Board of County Commissioners February 14, 2017 Page Three There are two outstanding issues that need to be resolved. First, the FWCD has deleted a whereas clause which states that "it is the intent of the parties not to add any additional roadways to Grader Route No. 3 beyond those described in this Restated Agreement and that this Restated Agreement will terminate in no more than five years." At the November 22, 2016 meeting, the Board had voted to add a paragraph that no more roads will be added to the grader list. The second issue pertains to the drainage responsibilities under the Third Amendment. As the Board is aware, there is currently inadequate drainage along the access roads proposed to be graded by Indian River County. The addition of fill material on these roadways already authorized by the Board will only exacerbate that problem. The current proposed Third Amendment includes a whereas clause that the FWCD will be responsible for providing adequate drainage necessary for the County to continue future grading. However, the proposed Third Amendment also includes language concerning secondary drainage being the responsibility of the landowners. Thus, the County Attorney's Office requested clarification from the FWCD on this issue. Mr. Tillman from the FWCD has since explained that the roadways need to be pitched or graded so that the water from the roadway flows away from FWCD ditches and towards private property. Mr. Tillman explained that water does not flow from the roadway directly into the FWCD canal system. He further noted that on paved roads there are stormwater systems, and on some of the graded roads there are swales that are piped into the drainage system. This position by the FWCD leaves the County with the option of either flooding adjacent property owners or designing and constructing stormwater treatment facilities. The County Attorney's Office believes that the two parties otherwise would be close to agreeing to a proposed Third Amendment. The Board has been extremely generous in agreeing to almost all of the requests made by the FWCD to date. The County Attorney's Office seeks guidance from the Board on how the Board wishes to proceed with the proposed Third Amendment. The County Attorney's Office does not recommend agreeing to the proposed drainage language, which would either cause the County to flood adjacent property owners or construct expensive stormwater treatment facilities. FUNDING If the FWCD does not agree to provide drainage, the cost of design and construction of stormwater treatment facilities is anticipated to exceed $1,000,000. This does not include right-of-way that would be needed in many locations. Additional funding would also be necessary to acquire right-of-way for such treatment systems. This is in addition to the $210,925 already needed for additional material for the roadways. Funding for such improvements would come from Secondary Road Cash Forward, Account No. 109039-389040. RECOMMENDATION The County Attorney's Office recommends that the Board provide guidance as to the provision concerning additional roadways and the language on drainage responsibilities in the proposed Third Amendment. The County Attorney's Office does not recommend agreeing to the proposed drainage F1AtronxylG� iGENFRALIDCG�genda MemasVFeGamre Norex CunnnlDfmMAgreem M (I)dnc P165 Board of County Commissioners February 14, 2017 Page Four language, which would either cause the County to flood adjacent property owners or construct expensive stormwater treatment facilities. ATTACHMENT(S). Proposed Third Amendment F Wff.-YV ad.*EA'FRALIB CC%4V doM—.JiFeIk—W.WC-tMIDlJOWArre M(L)•dm P166 THIRD AMENDED AND RESTATED FELLSMERE WATER CONTROL DISTRICT— INDIAN RIVER COUNTY INTERLOCAL AGREEMENT This Third Amended and Restated Fellsmere Water Control District — Indian River County Interlocal Agreement ("Restated Agreement') is executed this _ day of . 2017 (the "Effective Date"), by and between'Indian River County, a political subdivision of the State of Florida, (the "County") and the Fellsmere Water Control District, a Water Control District formed in 1919 by the Circuit Court of St. Lucie (now Indian River) County and currently operated as a Special District and state agency under Chapter 298 of the Florida Statutes (the "District"). Whereas, on October 29, 1974, the District granted to the County an easement (the "Easement") so that the County would have the right to maintain specifically described rights-of-way within the District; and Whereas, in the Easement, the District reserved the fee simple title to those rights-of-way described in the Easement and the right to alter or construct canals, ditches, drains, bridges and other drainage facilities within such rights-of-way; and Whereas, on September 10, 1975, County and District entered into an Interlocal Agreement in which the parties agreed that the County would have the right to maintain certain roads within the District (the "Interlocal Agreement"); and Whereas, the Interlocal Agreement was twice amended in 1997 and 2003, to include additional rights-of-way (the Interlocal Agreement and the two amendments and this Restated Amendment shall collectively be referred to as the "Agreement"); and Whereas, the County desires to add additional roads for grading to Grader Route No. 3; and Whereas, the County desires to cooperate with the District to continue to grade certain roadways described in the Agreement and also to grade those additional roadways described in this Restated Agreement; and Whereas, while the County has agreed to provide stabilizing material, as needed, for the additional roadways for grading purposes, the District will be responsible for providing adequate drainage necessary for the County to continue future grading; NOW, THEREFORE, in consideration of the foregoing and the mutual benefits, undertakings and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Section 1. The foregoing "Whereas" clauses and true and correct and are incorporated herein. Section 2. Historically, County has performed some maintenance on the roads designated in the Agreement and is willing to continue providing grading service to the residents of the Water Control District, contingent upon the availability of County equipment, cooperation from the District, including, but not limited to providing drainage from roadways, whether in the District right of way or not, and the necessary funding to meet the road grading requirements. Secondary drainage is the responsibility of the landowner, whether a city lot, 5 acre tract or 5,000 acre farm. Secondary drainage is the drainage from the landowner's property to the District sub -lateral system. All secondary drainage must enter the P167 District system via culvert or pipe from adjacent property, approved and permitted by the Water Control District. Section 3. The parties agree that County will grade only roads that are existing and are currently utilized by the District for maintenance purposes as set out in Exhibit "A." The burden will be on the District and property owners within District to move any encroachments on said roads and to assist County wherever feasible to facilitate the grading operation. Section 4. The term of this Restated Agreement shall be for three years, commencing on the Effective Date of this Restated Agreement. The parties may agree to two additional one year renewal terms of the Restated Agreement, by agreeing in writing at least 90 days prior to the expiration of the initial or renewal term. The parties to this Restated Agreement understand that this Restated Agreement may be terminated by either at any time in the future for any reason. The purpose of this Restated Agreement is simply to satisfy the need within District for grading service through the cooperation of two governmental bodies. Section 5. Solely to the extent permitted by law, and for tort actions, in no event greater than the limits set forth in Florida Statutes, Section 768.28, if the District is an agency of subdivision under Florida Statutes, Section 768.28, the District agrees to indemnify County, its agents, officers, supervisors and employees against all claims, losses and liabilities, (specifically excluding attorneys' fees and expenses) caused solely by the negligent acts of the District, its employees, and elected officials arising from performance under this Restated Agreement. Nothing herein shall be deemed or construed to provide, directly or indirectly, an indemnity from the District for any negligent acts or omissions of the County, its agents and employees arising out of, under, or in connection with this Restated Agreement. Similarly, the County agrees to indemnify the District its agents, officers, supervisors and employees against all claims, losses and liabilities, (specifically excluding attorneys' fees and expenses) caused solely by the negligent acts of the County, its employees, and elected officials performance under this Restated Agreement. Section 6. Except as otherwise expressly provided herein, this Restated Agreement is solely for the benefit of the named parties, and no enforceable right or cause of action shall accrue hereunder to or for the benefit of any entity or individual not a named party hereto. Section 7. Any notice required hereunder shall be in writing and shall be delivered by personal delivery, courier, express or overnight mail, or certified mail, return receipt requested, addressed to the appropriate party as follows: If to County: Public Works Director Indian River County 180127th Street Vero Beach, Florida 32960 P168 If to District: Fellsmere Water Control District Superintendent of Plant and Operations PO Box 438 Fellsmere ,FL 32948 IN WITNESS THEREOF, the parties have set their hands and seals the date entered below. P169 D Misty Pursel From: Ray Matulka <ray6thone@yahoo.com> Sent: Sunday, February 19, 2017 9:02 AM To: Misty Pursel Subject: Re: Fellsmere Roads Issue before Commissioners on Tuesday, February 21, 2017 Misty, I first want to thank those that have allowed the property owners affected by this issue to voice their concerns by submitting questions via email. understand that that some of these questions may have already been asked, but I believe it needs to be stated that these concerns are felt by many of the property owners. 'I. I understand that one suggested revision to the amendments is to have the water from the roads drain onto the property owners' property prior to going into any county drainage, and that any drainage must be paid for by the property owners. Will the costs be charged only to those owners to which water is drained onto their property? Or, will all property owners be charged for any additional drainage materials? Are there any estimates to what the individual costs will be? 2. Why are similar roads adjacent to those in question being maintained without any of these additional drainage issues? 3. Will any drainage pipes, etc. for driveways, etc. that are already in place need to be replaced to meet current road standards, or will these be grandfathered in? 4. What is the plan for extending the timeline for the maintenance for these roads? For those wanting to live here for the rest of their lives, 5 years can go by in a blink of an eye and then we'd be back to the same issue. 5. What is the alternative to agreeing to these amendments? Thank you for this opportunity to voice my concerns over these amendments. Sincerely, Ray A. Matulka From: Misty Pursel <mpursel@ircgov com> To: Aaron Gamez <aaron gamez@gmail com>, Anna Sharr-Hosack <sharrcharm@yahoo com>, Anthony & Julie Lucente <ajlucente@bellsouth.net>; Barbara Adams <adams210235@bellsouth.net>, Barbara Lever <bnajdeklever@aol.com>; Bonnie McCall <vbboss@bellsouth. net>; Carlos Maldonado -Vasquez <brevardcountycattlecompany@yahoo com>; Chad Caramanna <Chadcaramanna@yahoo.com>, Charles Williams <clw266@gmail com>, Cody & Stephanie Compton <cscompton04@aol com>; David Melnyk <david melnyk100@gmail.com>; Debbi & Ken Vickers <debbi.vickers@gmail.com>; Debbie Cross <FellsmereDEBBIE@aol.com>; Dee & Jesus Lavandera <eddylava@bellsouth. net>; Dena Loughlin <dinogal35@gmail com>; Donna & Doug Buscher <buscherdonna@att.net>, Donna Hammill <donna.hammill@gmail.com>, Duncan Thomas <skunk_ape@bellsouth net>; Frank Bianco <fbianco44@aol.com>; Frankie Byrnes <fbyrnes@bellsouth.net>, George & Kimberly Vecchio <Kimberly@AGFFlorida.com>; "George Powers, Jr." <backwoodsfarm@bellsouth net>; George Scott • georges@carterassoc.com>; Gladys Williams <gladysmwilliams@gmail.com>, Greg Bounds <goldhoundgreg@hotmail.com>; J Kandt <jkandt7960@aol.com>; Janice Golden <janice.golden@gmail.com>, Jason Nunemaker <citymanager@cityoffellsmere.org>, Jeff & Loraine Mims <jlmims87@gmail.com>, Jeff Leserra <jeffleserra@aol.com>; Jerry Renick <ecotonesvcs@comcast.net>; Jimmy Morgan <jmorgan986@aol.com>; Joanne Holmes <jholmes1125@bellsouth.net>; Joe Coakley <joecoke43@yahoo com>, Joel Tyson <joeltyson@bellsouth. net>; /69-1 rM Mistv Pursel From: Lisa Hansen <febronia7@hotmail.com> Sent: Friday, February 17, 2017 7:57 AM To: Misty Pursel Cc: Aaron Gamez; Anna Sharr-Hosack; Anthony & Julie Lucente; Barbara Adams; Barbara Lever, Bonnie McCall; Carlos Maldonado -Vasquez; Chad Caramanna; Charles Williams; Cody & Stephanie Compton; David Melnyk; Debbi & Ken Vickers; Debbie Cross; Dee & Jesus Lavandera; Dena Loughlin; Donna & Doug Buscher; Donna Hammill; Duncan Thomas; Frank Bianco; Frankie Byrnes; George & Kimberly Vecchio; George Powers, Jr.; George Scott; Gladys Williams; Greg Bounds; J Kandt; Janice Golden; Jason Nunemaker; Jeff & Loraine Mims; Jeff Leserra; Jerry Renick; Jimmy Morgan; Joanne Holmes; Joe Coakley; Joel Tyson; John Myers Omyers@catchasail.com); Jonathan Keddy; Jonny Reno; Julie Decker; Karen Ledford; Kathy Gibson; Keith Touchberry; Kimberlee Scannell; Lily Godina; Lori Roma; Louis Leblanc; Maria Hernandez; Michelle Platt; Mike Grim, Mitzi Silano; Pamela Pulver; pmangio5@gmail.com; Ray Matulka; Rich & Tracey Limato; Richard Riha; Rodney & Kim Morton; Rodney Tillman; Roger & Brenda Kinsey; Roy & Scooter Raymond; Sara Savage; Sarah Blair; Sherri Brower; stephanie woodfield; Sue McBratney; Sue Valenza; Susan Adams; Susan Russell; unknown; UNKNOWN7; Wendy Austin; Susan Adams; funktion@bellsouth.net Subject: Re: Fellsmere Roads Issue before Commissioners on Tuesday, February 21, 2017 Dear Misty, Whereas I am not an attorney, I will attempt to summarize what I garnered from the two attachments forwarded by Ms. Adams: more money will be required for drainage issues; there is a question between the County and FWCD as to who will be financially responsible; the individual owners may be responsible for "secondary drainage". If I read all of this correctly, my questions are: 1. What would the cost of secondary drainage be to the individual owners? 2. If the grading is finally approved, and if the agreement is only in effect for a total of five years, what recourse do the property owners have to extend it? 3. 1 am still not clear as to why the few agreed upon roads slated for grading are causing such complications when there are other areas of the county, particularly in Fellsmere, that are being graded regularly? 4. Why are meetings regarding this long-standing issue being held mainly in the morning when working citizens cannot attend? My husband and I built a home and have lived here for almost a year. We love Fellsmere, but after obtaining numerous building permits and inspections, we were still unaware how impassable roads become after a night or two of rain. We did not know that we would need to budget for an all - Wheel -drive vehicle in addition to a brand-new home. I have spoken to neighbors and have attended some of the community evening meetings. It was obvious that many tax payers have been waiting very patiently for years for this to happen. Holding meetings of such importance at 9 AM on a Tuesday is not conducive to those of us working. Further, if this lengthy project is going to be rejected, it would be in the best interest of the tax payers for the Board of Commissioners and the FWCD to simply tell us it is not going to happen instead of continually pushing it off more months until the citizens of these treacherous roads grow weary and apathetic while trying to get something accomplished. /bq-a Misty Pursel From: John Myers <jmyers@catchasail.com> Sent: Friday, February 17, 2017 11:36 AM To: Misty Pursel Subject: RE: Fellsmere Roads Issue before Commissioners on Tuesday, February 21, 2017 Misty I wrote an email to Susan Adams several days ago, and after reading your message I am going to assume that she and I will not be able to meet, as I hoped, to ensure that the road grading can be accomplished with far less cost (and hassle) than we are led to believe is necessary. I do the vast majority of all "road grading" on 81St street, west of Willow with my tractor. I do so every 7 — 10 days. I have spoken with just about everyone on our road, and there is a concern that exists re: 2 specific issues. One is the cost, to our residents, for any materials or work to be done. Most people believe that they will be asked, or mandated, to pay for the materials. The second issue is due to potential easements/right of ways. Will right of ways, and/or easements, mean anyone will need to give up land, move their fences, or other such issues? It is likely that I will not be able to attend the meeting, so I would appreciate the following issues be discussed/responded to, and/or resolved, at the meeting: 1. What will be required, regarding easements or right of ways, for property owners (especially those on the south side ... opposite the canal/ditch) of our road? 2. Will there be any cost to residents re: materials to build up the road? Property owners already pay, and many have paid for over a decade, property taxes equivalent to those whose roads already get graded. Why would we be required to pay more, above and beyond our current tax rates? 3. County grader operators already grade 81St street, east of Willow. That road is in similar condition to our road, and the grader makes 2 passes on it every 2 weeks. Why is it that, with making no other improvements to our road, the grader can't simply be sent down our road every "3rd" week? The ONLY additional cost to the county would then be for grader fuel. Getting the road level, and keeping it so, is our most critical need. This would cancel out the tens to hundreds of thousands of dollars that this project is now expected to coast. And it is important to comprehend the reason this is possible. The agreements already note that water on the roads cannot be discharged directly into the canals/ditches. Therefore the logic being used is to add materials and angle the road so the water will go to the other side of the road and potentially "flood" properties there. In our case, that means the water will be directed to the south side of the road ... but do know every property on the south side already has in place pipes that discharge the water to the canal/ditch. Only in the most dramatic rainfalls, such as tropical storm Faye in 2008, has there been enough water to cause a backup of drainage, and the reality is that if we ever had this much water again, it would be the same piping system as is in place now, that would resolve the issue. The bottom line ... why can't the graders just deal with the roads as they are now? Adding materials to the road will not improve our drainage issue. The cost of this project can be reduced significantly by just adding the roads to the current grading schedules, and the residents will be just as content ... maybe more so ... as there will be no other issues to deal with. Respectfully, 0 169-3 Misty Pursel From: Aquatek Pro Team <info@aquatekpro.com> Sent: Sunday, February 19, 2017 2:52 PM To: Misty Pursel Subject: In reference to your meeting on Feb.21, 2017 Dear Misty L. Pursel and members of the Indian River County Board of Commissioners, I have a customer located at the end of 95th Street at, 15355 95th Street, Fellsmere, FL 32948. It is often very difficult to access this address to provide our customer, service, due to the condition of the road. The road is so bad our truck bottomed out on a crest of one of the dips in the road and caused considerable damage to the tune of $1400.00. I understand there is some issue between the county and the south Florida water management district, as to, who will maintain this road and what ever this issue may be, it is no justification for letting any resident of this county suffer the effects of this road on a daily basis. The way I see it, the road has an Indian River County address and should be maintained by the county if, the residents are paying property taxes to the county. If, the south Florida water management district owns the right of way to this road then, they should bare some financial burden of maintaining this road. 1 feel sorry for the people that live on this road and find it appalling that they are not receiving some support by way of maintenance of this road. Maintain the road and submit a bill to the water district but, do something. This issue with this road has been pushed to the back burner long enough! Therefore, I am asking, please, find some solution to this problem. Thank you for your time in reading this letter and your immediate attention to this issue. Best regards, John Warren AquaTek Pro Water Purification Company Vero Beach, FL 772-538-0284 Web page: www.aguatekpro.com Face book: https://www.facebook.com/aquatekpro Misty Pursel From: Janet King <funktion@bellsouth.net> Sent: Friday, February 17, 2017 8:53 PM To: Misty Pursel Subject: Grading of dirt roads Hello Misty, I are writing due to the delays in grading the dirt roads in Fellsmere. We are tax payers and feel that since these roads were allowed to be built and homes built and inhabited the roads should be maintained so that we can get back and forth in a reasonable manner. I The drainage costs should not be levied on the homeownersdue to poor planning when this area was developed and taxes were established. Why would we be required to pay for improvements simply because we were left out of the grading schedule to begin with. i Right now neighbors have to try and drag the road with their�tractors and a dragger behind it to keep the road passable This does help but does not fix the problem for more than a few days. When the rains come it gets deep ruts once again. This is a very dangerous problem if someone was trying to get to the hospital in an emergency. You have to drive very slowly on 93rd Street and we have already had one neighbor who had to be picked up in an ambulance. We were told by her daughter who is a registered nurse that it was terrible trying to get to her and get her to the hospital because of the condition of the road. An ambulance ride on a smooth paved road it extremely uncomfortable, this road could cause someone a delay in arriving at the hospital and a terribly rough ride on the way. This could be a matter of life and death. I know of 2 vehicles that have been stuck in the sand at 2 different locations on 93rd St. and had to be towed out of the huge rut. This is just not right when other roads in Fellsmere are already being graded. We have lived here 2 years.and have attended a few meetings and nothing ever gets resolved. It seems we are just being pushed aside in order to not have to deal with the problem. Is there any hope in this situation finally being resolved? Also evening meetings would allow for working men and women to attend. Thank you very much for your consideration. I Mr. and Mrs. Bill King 1.4800 93rd St. Fellsmere, FI, 32948 Sent by Janet King O AA -b Fellsmere Grading Issue Questions As of 2:00 p.m. on Monday, February 20, 2017 The drainage costs should not be levied on the homeowners due to poor planning when this area was developed and taxes were established. Why would we be required to pay for improvements simply because we were left out of the grading schedule to begin with. I 2. Is there any hope in this situation finally being resolved? Maintain the road and submit a bill to the water district but, do something. This issue with this road has been pushed to the back burner long enough! Therefore, I am asking, please, find some solution to this problem. 3. 1 understand that one suggested revision to the amendments is to have the water from the roads drain onto the property owners' property prior to going into any county drainage, and that any drainage must be paid for by the property owners. Will the costs be charged only to those owners to which water is drained onto their property? Or, will all property owners be charged for any additional drainage materials? Are there any estimates to what the individual costs will be? 4. Why are similar roads adjacent to those in question being maintained without any of these additional drainage issues? 5. Will any drainage pipes, etc. for driveways, etc. that are already in place need to be replaced to meet current road standards, or will these be grandfathered in? 6. What is the plan for extending the timeline for the maintenance for these roads? For those wanting to live here for the rest of their lives, 5 years can go by in a blink of an eye and then we'd be back to the same issue. 7. What is the alternative to agreeing to these amendments? 8. What will be required, regarding easements or right of ways, for property owners (especially those on the south side ... opposite the canal/ditch) of our road? 9. Will there be any cost to residents re: materials to build up the road? Property owners already pay, and many have paid for over a decade, property taxes equivalent to those whose roads already get graded. Why would we be required to pay more, above and beyond our current tax rates? Jesus Lavandera 15255 10711 Street Fellsmere, FL 32948 February 21, 2017 Commissioner Susan Adams Indian River County Board of County Commissioners RE: Request for road maintenance Dear Susan: We are writing you in hope that you can help us get the county to not only grade the roads to our property, but also maintain the road by keeping it unobstructed by plant overgrowth and debris, adding fill when needed and working to keep the roads functional to provide access to and from our property. When we moved to Fellsmere, Indian River County required us to pay a significant amount in Impact Fees; in addition, our regular annual property taxes also have a component that funds the road and bridge department. We were told that the county is also continuing to collect one percent in additional sales taxes that is being used just for these and other types of road issues. The county regularly grades and maintains dirt roads throughout the county and in other water districts like Indian River Farms, for example. The county has a road and bridge department just for this purpose. It seems so logical that the county is the most suitable to perform this work for the benefit of us, the county residents, who pay the taxes. We all know that for our county to grow and develop it will necessarily require additional maintenance and improvement to roads and other infrastructure to accommodate that growth. After listening to the attorneys and others, apparently FWCD receives only a small portion of that money. We spoke with Rodney of FWCD, and he explained that FWCD is responsible for maintaining the roads only to the extent that is required to access and maintain ditches, not to maintain the roads at the level needed to handle regular ongoing or increasing residential traffic. He says they don't have the expertise, funding or manpower, nor do they desire to get in the road and bridge maintenance business. :urrently, the county regularly grades and maintains 107th and 109th Street west of Babcock (and ma ethers 1051h, 101",etc) and the bridge at 109th Street and 141St Avenue (Park Lateral). Why is the cou ble to grade and maintain 107th Street and 109th Street up to Park Lateral and not beyond? Why car he same arrangement that is used to grade and maintain 107th and 1091h Streets up to Park Lateral k mended to include 107th Street and 109th Street west of Park Lateral? Were the Commissioners con o state that the roads "belong" to FWCD with respect to certain of the roads under consideration?� )on't they only have a right of way, isn't that different then ownership? ✓e are personally not in favor of encouraging FWCD to become a taxing district, creating "more' overnment" just so they can begin taxing us to grade the roads, adding their own road and bridge epartment for which the county currently receives funding_ for through impact fees and a sales tax. ou explain where we are wrong on this?, f -3-k 1(O -1 Misty Pursel 3 k From: KATHY L GIBSON <gibson2949@bellsouth.net> Sent: Monday, February 20, 2017 7:26 PM To: Susan Adams Cc: Mitzi Silano Subject: Fellsmere Road Maintenance Meeting Susan, I am unable to attend the meeting Tuesday so I would like to voice my concerns. I live on 95th Street and as you have seen and heard, our road situation is a mess. At times, our mail is not delivered, our recycles not picked up, some deliveries refuse to make the attempt and heaven help us if a medical emergency vehicle needs to make an attempt down the road. Since the agreement to grade our roads, we have waited patiently. It was only until December 16, 2016, when the Waste Management truck got stuck that some fill dirt was brought in to address a few of the largest holes. Again, on February 16, 2017, after a rash of vehicles getting stuck, more fill dirt was placed at the 141 st Ave. entrance. The road continues to decline. I am afraid when the rain returns it may be, at times, impossible to travel. Since the original maintenance agreement in the 1970's, new homes have been built increasing the tax dollar, yet there have been no improvements to our roads. It would be nice to see the finger -pointing come to an end and someone, anyone, just bring in the necessary fill and begin grading the roads. The emphasis seems to be more on wanting to increase authority within various departments and gain financially by adding requirements on the landowners and forcing new permitting. I understand that the run-off situation may change, but I am not in favor of forcing new required permitting as a consequence. Currently there is inconsistency among the roads already being maintained - some are private, some are not. I would guess that the liability risks already exist. I would be curious to know how many lawsuits have been filed to date due to the maintenance of the roads. I would guess that none of us are interested in filing suits, but instead, just want a decent road to get to our homes and property. We need your help. With kind regards, Kathy Gibson 14955 95th St. Fellsmere, FL Misty Pursel From: Misty Pursel Sent: Tuesday, February 21, 2017 10:27 AM To: BCC - Board Members; Dylan Reingold; Rich Szpyrka; Jason Brown Subject: Fellsmere Roads Grading Issue Wendy Austin, Dan Goolet, 12875 93rd Street, and Bonnie & Mike McCall, 12655 93rd Street came to the Commission Office during the Executive Session this morning to voice their desires and concerns for the grading of the roads in Fellsmere; however, had to get back to work and could not wait for the agenda item. Both families are long-time residents and stated they have been waiting a long time for something to begin with the roads they pay taxes on. Best regards', Misty L. Tursef Commissioner Assistant for Susan Adams, District 1 Board of County Commissioners 1801 27th Street, Building A Vero Beach, FL 32960 C 772 226 1442 El mr)urselO-ircaov.com 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 may, therefore, be subject to public disclosure. aA Please consider the environment before printing this e-mail. Think Green! 1&1—q 138 County Attorney's Matters - B. C.C. 02.21.17 O�fure 0f INDIAN RIVER COUNTY 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 Attorne DATE: February 16, 2017 SUBJECT: House Bill 17 ATTORNEY As a follow-up to the discussion at the February 14, 2017 Board meeting, the County Attorney will be discussing House Bill 17 with the Indian River County Board of County Commissioners. F-Wu.yW,do1C&WE&4bBC CWg,.dnAfm VlB]Zd P170 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 17 2017 1 A bill to be entitled 2 An act relating to local regulation preemption; 3 providing definitions; prohibiting certain local 4 governments from imposing or adopting certain 5 regulations on businesses, professions, and 6 occupations after a certain date; preempting the 7 regulation of businesses, professions, and occupations 8 to the state; providing exceptions to such preemption; 9 providing an effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Regulation of businesses, professions, and 14 occupations preempted to the state. - 15 (1) DEFINITIONS. -As used in this section: 16 (a) "Local government" means a county, municipality, 17 special district, school district, or political subdivision of 18 the state. 19 (b) "Regulation" means a rule or regulation, license, 20 permit, or requirement and includes, but is not limited to, a 21 regulatory fee, license fee, or permit fee. 22 (2) LOCAL GOVERNMENT REGULATION. -After January 1, 2017, a 23 local government may not adopt or impose a new regulation on a 24 business, profession, and occupation unless the reaulation is 251 expressly authorized by general law. Page 1 of 2 CODING: Words stkken are deletions; words underlined are additions. U017-00 P171 F L O R I D A HB 17 H O U S E O F R E P R E S E N T A T I V E S 2017 26 (3) PREEMPTION OF REGULATION TO THE STATE. - 27 Notwithstanding any law to the contrary, this section expressly 28 preempts the regulation of businesses, professions, and 29 occupations to the state and supersedes any local government 30 regulation of businesses, professions, and occupations with the 31 exception of the following: 32 (a) A regulation adopted prior to January 1, 2017, without 33 general law authority. Any such regulation expires on January 1, 34 2020. 35 (b) A regulation expressly authorized by general law. 36 (4) EXISTING REGULATION LIMIT. -A local government with a 37 local regulation concerning a business, profession, or 38 occupation that is retained pursuant to paragraph (3)(a) may not 39 impose additional regulations on that business, profession, or 40 occupation or modify such regulation except to repeal or reduce 41the regulation. 42 (5) REGULATIONS NOT AUTHORIZED.—A local regulation that is 43 not authorized under this section or expressly authorized b 44 general law does not apply and may not be enforced. 45 Section 2. This act shall take effect July 1, 2017. Page 2 of 2 CODING: Words etOGken are deletions; words underlined are additions. hb0017-00 P172 BCC AGENDA FEBRUARY 21, 2017 ITEM 14.A.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: February 14, 2017 SUBJECT: Naming of Gifford Park and Recreational Complex FROM: Joseph E. Flescher, Chairman Commissioner, District 2 I would like the opportunity to discuss the naming of the Gifford Park and Recreational Complex in the name of Gifford community leader, Victor Hart, Sr. as the "Victor Hart, Sr., Community Enhancement Complex". P173 ISM INDIAN RIVER COUNTY 0 SOLID WASTE DISPOSAL DISTRICT y '2outoA BOARD MEMORANDUM �LcYc�ti� Date: February 15, 2016 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District Subject: Ninth Amendment to Republic Services for Contract Renewal DESCRIPTIONS AND CONDITIONS: On November 16, 2010, the Solid Waste Disposal District (SWDD) Board authorized the Solid Waste Operations and Maintenance Agreement with Republic Services of Florida, LP (Republic Services). The agreement is for the operation and maintenance of the county's Class 1 landfill as well as non -Class 1 landfill services. The contract began January 1, 2011, with an initial term of seven (7) years that expires on December 31, 2017. The term of the contract may be extended for one (1) additional period of seven (7) years at the mutual agreement of both parties. Currently, Republic Services is paid $14.86 per ton for materials disposed in the Class 1 landfill, resulting in an approximate annual expense of $2.55 million based on an average of 14,300 tons per month. For the non -Class 1 landfill services, Republic Services is paid an annual amount of $2.97 million. The grand total for both non -Class 1 services and Class -1 landfill operations is approximately $5.52 million per year which is funded from SWDD assessments and user fees. Per the existing contract and prior to December 31, 2016, SWDD was required to notify Republic Services of its intent to renew or not to renew the contract. On December 20, 2016, staff recommended approval of the Eighth Amendment to Republic Services as notification of SWDD's intent to renew the contract for an additional period of seven (7) years. The renewal term is from January 1, 2018, through December 31, 2024, at the negotiated rate of $13.25 per ton in the first year for the Class 1 landfill. The SWDD Board approved the Eighth Amendment, which included a provision to continue to negotiate on other provisions of the contract to apply in the renewal term. ANALYSIS: Staff and Republic Services met weekly since January 4, 2017, in order to continue negotiations on provisions in the renewal contract. The following are the specific highlights of the final negotiated items: 1. Class 1 Landfill Service and Rates: The Class 1 landfill services includes the co -disposal of both municipal solid waste (MSW), and construction and demolition (C&D) debris, the operation and maintenance of the Landfill Gas Control and Collection System, and the operation and maintenance of the storm water management system, leachate system and associated roads. SWDD does not guarantee any minimum or maximum quantity or quality of MSW, C&D debris or the landfill gas now or in the future. The total new cost for these services is $13.25 per ton of MSW and C&D placed in the Class 1 landfill and is paid on a monthly basis. This is $0.74 less per ton than the original $13.99 per ton rate set in January 2011. C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@D405FA19\@ BCL@D405FA19.doc Page 1 of 4 P174 Non -Class 1 Landfill Service and Rates: The non -Class 1 services include, but are not limited to: the management of the Municipal Recycling Facility, the small load drop=off area, the waste tire.facility, the metal storage area, the household hazardous waste (HHW) facility, the clean concrete storage area and other maintenance activities as well as the off-site activities associated with the operation and :maintenance of the five (5) customer convenience centers (CCCs) including transportation and disposal service for eight (8) specific locations, up to twenty (20) roadway cleanup projects, and up to twenty (20) special events. Currently, the total annual compensation for these services is $2,974,004.79 per year to be paid equally on a monthly basis. Note this total compensation includes the single stream recycling services provided at the Municipal Recycling Facility and at Blue Cypress Lake as well as the waste services provided at our yard waste facility. Republic Services has clarified that the $13.25 per ton represents a total discount on the entire contract. Republic Services has stated that compared to the current rate of $14.86 per ton, the 10.83% decrease for the Class 1 services captures both the savings at the landfill and the non -Class 1 landfill services, including the CCCs. In applying the proposed new landfill rate to the contract using the average monthly amount of 14,300 tons, the overall reduction to the entire agreement is approximately 5.00%. 2. The current contract includes an annual escalation based on a 75% change in Consumer Price Index (CPI) with no cap. The negotiated annual escalation is based on a 100% change in CPI with a 3% cap. The following is a summary of the costs and the annual price changes: Year CPI Contract Class 1 Landfill Non -Class 1 100%0) CPI @ 7S% Rate Landfill Services Comments Jan -11 n/a n/a $13.99 $2,765,833 Baseline Jan -12 1.68% 1.26% $14.17 $2,800,723 Approved Jan -13 3.24% 2.43% $14.51 $2,868,659 Approved Jan -14 1.56% 1.17% $14.68 $2,902,186 Approved Jan -15 1.67% 1.25% $14.86 a) $2,938,539 (1) Approved Jan -16 -0.36% -0.27% $14.82 $2,930,621 Not Requested/not enforced Jan -17 0.79% O.S9% $14.95 $2,9S5,925 Requested/not approved Jan -18 Not Applicable $13.25 $24974,0053) NEIN Rates (1) An average of the approved 100% of the CPI from 2012 through 2015 is used to calculate the projected CPI of 2.04% for years 2018 through 2024. (2) The 2015 approved rate of $14.86 per ton for Class 1 landfill remained the same in 2016 and 2017. The 2015 approved rate of $2,938,539.01 for non -Gass 1 landfill services was increased by $31,555.10 per year to $2,970,094.11 in May 2016 via the 7h Amendment for single stream recycling services at the Material Recycling Facility (3) The cost of $3,910.68 ($325.89 per month) for single stream recycling at Blue Cypress Lake is added to $2,970,094.11 to arrive at the new rate o $2,974,004.79 per yearfor the non -Class 1 landfill services. During negotiations, Republic Services requested to change the CPI approach traditionally used in the contract to an index tied to water, sewer, and garbage rates or to a garbage/trash index. Staff researched the index and associated data, and concludes that the new index, while beneficial for the vendor, would not be in the best interest of the county or its rate payers. Staff declined this request as these newer indexes trend higher than the CPI and do not reflect the standard practice of using the CPI in all of our contracts. Staff and Republic Services have negotiated to maintain the CPI index; however, we have agreed to use 100% of the CPI with a 3% cap. If the extension agreement is approved, the new rate of $13.25 per ton would go into effect January 1, 2018. Any C:\Users\GRANIC—I\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@ D405FA19\@BCL@D405FA19.doc Page 2 of 4 P175 future increase of the disposal rate would not occur until January 1, 2019. A projection of future rates are detailed below. The proposed changes to the agreement include a maximum CPI adjustment of 3%, which Republic Services requested to cover its own renewal and replacement costs, insurance requirements, and salary and benefit adjustments for its employees. Below is a summary of actual costs to date and estimated CY 2018 total costs based on a hypothetical 3% increase in the annual tonnage of 171,600 tons (14,300 tons per month). Year Gass i Landfill Rate Class 1 Landfill Total Tons Class 1 Landfill Total Costs Non -Class 1 Landfill Services Total Costs Comments Jan -11 $13.99 142,697 $2,007,387 $2,765,833 $4,773,220 Actual Jan -12 $14.16 144,560 $2,052,649 $2,800,723 $4,853,372 Actual Jan -13 $14.51 152,003 $2,205,558 $2,868,659 $5,074,217 Actual Jan -14 $14.68 161,075 $2,364,587 $2,902,186 $5,266,773 Actual Jan -15 $14.86 166,304 $2,471,270 $2,938,539 $5,409,809 Actual Jan -16 $14.86 171,359 $2,546,400 $2,956,946 $5,503,346 Actual Jan -17 $14.86 171,600 $2,549,976 $2,970,094 $5,520,070 Projected Total = 1,109,598 $16,197,827 $20,202,980 $36,400,807 Jan -18 $13.25 176,748* $2,341,911* $1,974,005* $5,315,916* Estimated* Note: The above numbers do not include one-time repair costs for emergency items and/or other approved costs per contract amendments. There was a 3 -month C&D pilot program from November 2011 through January 2012 where the disposal rote was $16.49 per ton for C&D. The actual numbers for January 2011 through December 2016 represent paid invoices. The numbers have been rounded. * Jan -18: Estimated numbers only. For illustration purposes and subject to change. 3. Potential Additional Cost Savings with Optimization of the Landfill and Customer Convenience Centers: Staff and Republic Services discussed several optimization options for the CCCs. a. Reduction in Fees: Depending on SWDD Board direction with respect to the operation of the CCCs, specific details will be worked out in a future amendment, if necessary. As a starting point, and based on staff discussions, Republic Services has offered a formula that would factor in immediate fixed costs savings as well as variable cost savings based on the specific option approved by the SWDD Board as described in the ninth amendment. The variable costs looks at the tonnage increases or reductions in one or more CCCs as a way to provide a savings to SWDD. 4. The parties acknowledge that recycling services are and shall continue to be provided on a single - stream basis. Staff supports this renewal process as an option of the contract with no disruption of services today with flexibility for future modification, if necessary. Staff does not recommend going out to an RFP as Republic Services continues to meet the requirements of the contract and continues to keep the site and all of the facilities in compliance with local, state, and federal requirements. Using a monthly average of 14,300 tons per month, the 10.83% reduction in the disposal fee charged by Republic Services equates to a savings of approximately $276,276 per year or approximately $2 million dollars saving to rate payers over the proposed 7 year extension term. C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@ D405 FA 19\@BCL@ D405 FA19. d oc Page 3 of 4 P176 FUNDING: Funding for the SWDD Class 1 landfill services is budgeted and available in the SWDD landfill account, and SWDD non -Class 1 landfill services is budgeted and available in the SWDD recycling account. Both are funded from SWDD assessments and user fees. Description Account Number Amount Landfill - Contractual Services 41121734-033489 $2,700,000 Recycling - Contractual Services 41125534-033489 $2,996,000 RECOMMENDATION: SWDD staff recommends that its Board approve the following: a. Approve the Ninth Amendment to Republic Services as a contract renewal of the Solid Waste Operations and Maintenance contract for an additional period of seven (7) years beginning January 1, 2018 through December 31, 2024, at the negotiated 'rate of $13.25 per ton for the Class 1 landfill to begin on January 1, 2018 and a cost of $2,974,004.79 for the non -Class 1 landfill services. b. Authorize the Chairman to execute the same, as presented. ATTACHMENT(s): 1) Ninth Amendment to Republic Services for Contract Renewal C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@ D405FA 19\@BCL@ D405 FA19. d oc Page 4 of 4 P177 REPLACEMENT PAGES FEBRUARY 21, 2017 SOLID WASTE DISPOSAL DISTRICT ITEM 15BI Attached Please find the signed version of the Ninth Amendment and Extension to Contract Agreement Indian River County Solid Waste Disposal District Indian River County, Florida Solid Waste Operations and Maintenance There were a few minor changes between this version and the draft version distributed with the agenda Package. The changes are on pages two and three, and have been highlighted for your convenience. P/ 7�- / NINTH AMENDMENT AND EXTENSION TO CONTRACT AGREEMENT INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DIS INDIAN RIVER COUNTY, FLORIDA SOLID WASTE OPERATIONS AND MAINTEN^"ICE THIS NINTH AMENDMENT AND EXTENSION INDIAN RIVER COUNTY SOLID WASTE DISPOSA COUNTY, FLORIDA SOLID WASTE OPER;each, TIO Amendment") is entered into as of the day of River County Solid Waste Disposal District, a depent spe Florida, whose address is 1801 27th Street, Vero - Eli "District" or "SWDD"), and Republic Services o Fld(nda;Li 3905 Oslo Road, Vero Beach, Florida 32968 ( e/'Contractor WHEREAS, on January 1, 201' , SWDD'anc Agreement Indian River County Solid ante Dispos Waste Operations and Maintenance as amended by 1 dated February 7, 2012; the Seco Arriendment to Third Amendment to Contract greement, dated Ne Contract Agreement, dated J y 8, 2014; the Fifth November 4, 2014; the Six Amendment to', Contr Seventh Amendmen6o,Cf tract Agreement; dated Contract Agreement�dat December 15, 2016 (the maintain the SWDD 1 dfill and customer convemer VCONTRACT AGREEMENT DISTRICT, INDIAN RIVER vD MAINTENANCE ("Ninth 2017 by and between Indian district of Indian River County, a (hereinafter referred to as the ed Partnership, whose address is )ntracf(ir entered info that certain Contract hstnct.Indian River County, Florida Solid First Amendment to Contract Agreement, tract Agreement, dated April 2, 2013; the nber\12 X2013; the Fourth Amendment to nendmentto�Contract Agreement, dated .Agreement, -dated January 20, 2015; the y f7-,,20'1-6; and the Eight Amendment to )ntract") for the Contractor to operate and centers ("CCCs'); and mutually agreed to renew the Contract for one additional sev year period -,,and ER AS, the Con�tracto�and SWDD have mutually agreed to revise the Contract as set forth herein \ NO THEREFORE, m consideration of the mutual undertakings herein and other good and valu le consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, follows: Recitals. The above recitals are true and correct and are incorporated herein. 2. Renewal. Pursuant to Article 2- Term of Contract of the Contract, the Contractor and SWDD hereby agree to renew the Contract for the additional seven (7) year period, beginning January 1, 2018 (the "Renewal Term Start Date") and ending December 31, 2024 (the "Renewal Term"). 3. Pricing. IOF8359 Ninth Amendment to Conti -act 5 Page I of P178 Ps NINTH AMENDMENT AND EXTENSION TO CONTRACT AGREEMENT INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, INDIAN RIVER COUNTY, FLORIDA SOLID WASTE OPERATIONS AND MAINTENANCE THIS NINTH AMENDMENT AND EXTENSION TO CONTRACT AGREEMENT INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, INDIAN RIVER COUNTY, FLORIDA SOLID WASTE OPERATIONS AND MAINTENANCE ("Ninth Amendment") is entered into as of the day of , 2017 by and between Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, Florida, whose address is 1801 27th Street, Vero Beach, Florida (hereinafter referred to as the "District" or "SWDD"), and Republic Services of Florida, Limited Partnership, whose address is 3905 Oslo Road, Vero Beach, Florida 32968 (the "Contractor"). RECITALS WHEREAS, on January 1, 2011, SWDD and Contractor entered into that certain Contract Agreement Indian River County Solid Waste Disposal District Indian River County, Florida Solid Waste Operations and Maintenance, as amended by the First Amendment to Contract Agreement, dated February 7, 2012; the Second Amendment to Contract Agreement, dated April 2, 2013; the Third Amendment to Contract Agreement, dated November 12, 2013; the Fourth Amendment to Contract Agreement, dated July 8, 2014; the Fifth Amendment to Contract Agreement, dated November 4, 2014; the Sixth Amendment to Contract Agreement, dated January 20, 2015; the Seventh Amendment to Contract Agreement, dated May 17, 2016; and the Eight Amendment to Contract Agreement, dated December 15, 2016 (the "Contract") for the Contractor to operate and maintain the SWDD landfill and customer convenience centers ("CCCs"); and WHEREAS, the Contractor and SWDD have mutually agreed to renew the Contract for one additional seven year period; and WHEREAS, the Contractor and SWDD have mutually agreed to .revise the Contract as set forth herein. NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. Renewal. Pursuant to Article 2- Term of Contract of the Contract, the Contractor and SWDD hereby agree to renew the Contract for the additional seven (7) year period, beginning January 1, 2018 (the "Renewal Term Start Date") and ending December 31, 2024 (the "Renewal Term"). 3. Pricing. 16�F;83:59 IOG2270 Ninth Amendment to Contract P 17g-1 a. Class 1 Landfill Operations Rates. SWDD and the Contractor agree that eginning on January 1, 2018, and during the Renewal Term, compensation to thif Contractor for the Class 1 landfill operations including the landfill GCXlCipal &M shall be Thirteen Dollars and Twenty Five Cents ($13.25) per ton of mu solid waste (MSW) and construction & demolition (C&D) debris dis /ed in the Class 1 landfill ('Class 1 Rates"), subject to annual escalation a set forth in section 4 below. For purposes of clarity, the first such annual escal ion shall be effective on January 1, 2019. b. Non Class 1 Landfill Operations Rates. SWDD and the Contractor agree that beginning on January 1, 2018, and during the Renewal Term, compensation to the Contractor for the Contractor's operation and anagement of the non -Class 1 landfill portions of the Landfill, as more specifi ally detailed in the Contract, shall be $2,974,004.79 per year (the "Non -Class 1 .{dates"), subject to annual escalation as set forth in Section 4 below. For �p� osesof,..clarity, the first such annual escalation shall be effective on January 1 019. The annual rate is inclusive of the single stream recycling servicesrovid d at the Municipal Recycling Facility, the single stream recycling services provied at Blue Cypress and the waste container provided at the yard waste facility.�he annual -expense set,f mirth in 3(ii) (3) of the Seventh Amendment to Contract greement, dated May 17, 2016- shall terminate 7 on December 31, 201 '1:10 4. Annual Escalation. Effective as 'of Article 3- Compensation of the! m adjustment for both the -Class 1 to percent of the change of `the Cons Consumers Indek',,published the U for the Southern States. D A wnward made-by-SWDD, when ap�rop an te; w shall be computed as fol ws: For eac �hange shall'be 1'00 percent of the p receding January.a�'� the�econd pre preceding January./ pch, annual escal Renewal Term Start Date, Sections viii and ix of ct-shall be of no further force or effect, and the and the Non -Class 1;Rates shall not exceed 100 per/Price index•(CPI), specifically. The Urban Department of Labor, Bureau of Labor Statistics, justments resulting from a negative CPI shall be lout a request from the Contractor. The adjustment >ubseyuent year of the Contract, the net percentage Terence between the CPI as of the immediately !ding January divided by the CPI as of the second ion shall be capped at a maximum of three percent (3%)`.The followi4g formula shall be used: Cost X2 - Xi +1 Adjustment = X, Xi = CPI for second preceding January X2= CPI for immediate preceding January 5. 0perational Optimization of CCCs. SWDD may elect, at any time during the Renewal Term and in its sole and absolute discretion, to alter the operation of one or more CCCs (including, without limitation, the closure of one or more CCCs) for the purpose of optimizing the waste collection system. SWDD shall notify the Contractor of such election in writing (the "Alteration Notification"), and such Alteration Notification shall contain specific direction from SWDD as to alterations the Contractor is required to snake. The 1OF8359 Ninth Amendment to Contract Page 2 of 5 P179 a. Class 1 Landfill Operations Rates. SWDD and the Contractor agree that beginning on January 1, 2018, and during the Renewal Term, compensation to the Contractor for the Class 1 landfill operations including the landfill GCCS O&M shall be Thirteen Dollars and Twenty Five Cents ($13.25) per ton of municipal solid waste (MSW) and construction & demolition (C&D) debris disposed in the Class 1 landfill ("Class I Rates"), subject to annual escalation as set forth in section 4 below. For purposes of clarity, the first such annual escalation shall be effective on January 1, 2019. b. Non Class 1 Landfill Operations Rates. SWDD and the Contractor agree that beginning on January 1, 2018, and during the Renewal Term, compensation to the Contractor for the Contractor's operation and management of the non -Class I landfill portions of the Landfill, as more specifically detailed in the Contract, shall be $2,974,004.79 per year (the "Non -Class I Rates"), subject to annual escalation as set forth in Section 4 below. For purposes of clarity, the first such annual escalation shall be effective on January 1, 2019. The annual. ,rateNon,.0 lass 1.Ra.te is inclusive of the single stream recycling services provided at the Municipal Recycling Facility, the single stream recycling services provided at Blue Cypress and the waste container provided at the yard waste facility. The annual expense set forth in 3(ii)(3) of the Seventh Amendment to Contract Agreement, dated .May 17, 2016, shall terminate on December 31, 2017. 4. Annual Escalation. Effective as of the Renewal Term Start Date, Sections viii and ix of Article 3- Compensation of the Contract shall be of no further force or effect, and the adjustment for betheach.of the CIass I Rates and the Non -Class 1 Rates -iridivi dual ly,$ball not exceed 100 percent of the change of the Consumer Price Index (CPI), specifically.-, The Urban Consumers Index, published by the U.S. Department of Labor, Bureau of Labor Statistics, for the Southern States. Downward adjustments resulting from a negative CPI shall be made by SWDD.ailnuall when appropriate, without a request from the Contractor. The adjustment shall be computed as follows: For each subsequent year of the Contract, the net percentage change shall be 100 percent of the difference between the CPI as of the immediately preceding January and the second preceding January divided by the CPI as of the second preceding January. Such annual esealatienincrease or decrease shall be capped at a maximum of three percent (3%).The following formula shall be used: Cost X2 - Xr +1 Adjustment X, Xi = CPI far second preceding .January Xa= CPI for immediate preeeding,Ianuary 5. Operational Optimization of CCCs. SWDD may elect, at any time during the Renewal Term and in its sole and absolute discretion, to alter the operation of one or more CCCs (including, without limitation, the closure of one or more CCCs) for the purpose of optimizing the waste collection system. SWDD shall notify the Contractor of such 1431 IOG 2 27O Ninth Amendment to Contract Contractor shall, within sixty (60) days of receipt of the Alteration Notification, alter services provided to such CCC (the "Affected CCC") as directed by SWDDiiftthe Alteration Notification. Subsequent to alteration of the services provided to te Affected CCC, the Contractor will provide SWDD with information identif/ne tsavings and cost increases for the Affected CCC, as well as cost savings and cost for any other CCCs caused by the SWDD-directed alteration of services provideffected CCC based on a comparison of the immediate 6 months prior to the alters e services and the subsequent 6 months after the alteration of the services. Th Contractor will identify the Affected CCCs and will provide the SWDD with a formul or the calculation of these savings and and/or increases. The example formula attacheVof ereto as Schedule 5 identifies factors which may be considered and includes an examp,,�� a calculation method which may be used to determine pricing related to any such�alt�ration of the Affected CCCs. The Contractor will pass through to SWDD fixed and va 'alile cost savings resulting from the SWDD-directed alteration of Affected CCCs. Forpurposes of clarity, to the extent that any materials are diverted from an Affected CCC to a on -Affected CCC, any cost increases to the Contractor related to such diversion /shall r uce the cost\savinRs to SWDD. 6. Other Revisions to Contract. The parties acknowledge that recycling services are and shall continue to be provided �on�a single- 'e\b`asis } 7. Ratification. Except as spec' ificall ,,p rovided\in<this Ninth Amendment, all other provisions of the Contract shall�rem 'n_in-full force �and-effect. 1OF8359 Ninth Amendment to Contract Page 3 of S P180 election in writing (the "Alteration Notification"), and such Alteration Notification shall contain specific direction from SWDD as to alterations the Contractor is required to make. The Contractor shall, within sixty (60) days of receipt of the Alteration Notification, alter the services provided to such CCC (the "Affected CCC") as directed by SWDD in the Alteration Notification. Subsequent to alteration of the services provided to the Affected CCC, the Contractor will provide SWDD with information identifying cost savings and cost increases for the Affected CCC, as well as cost savings and cost increases for any other CCCs caused by the SWDD-directed alteration of services provided to the Affected. CCC based on a comparison of the immediate, s.ix: 6) months prior to the alteration of the services and the subsequent six. -,(6) months after the alteration of the services. The Contractor will identify the Affected CCCs and will provide the SWDD with a formula for the calculation of these savings and and/or increases. The example formula attached hereto as Schedule S identifies factors which may be considered and. includes an example of a calculation method which may be used to determine pricing related to any such alteration of the Affected CCCs. The Contractor will pass through to SWDD fixed and variable cost savings resulting from the SWDD- directed alteration of Affected CCCs. For purposes of clarity, to the extent that any materials are diverted from an Affected CCC to a non -Affected CCC, any cost increases to the Contractor related to such diversion shall reduce the cost savings to SWDD. 6. Other Revisions to Contract. The parties acknowledge that recycling services are and shall continue to be provided on a single -stream basis. 7. Ratification. Except as specifically provided in this Ninth Amendment, all other provisions of the Contract shall remain in full force and effect. [signature pagefollows] 1OF835 IOG2270 Ninth Amendment to Contract NO -1 IN WITNESS WHEREOF, the parties have caused this Ninth Amendment to be by their respective duly authorized officers as of the day and year first written above. Attest: (Owner) Jeffrey R. Smith, Clerk of Court and Solid Waste Disposal Comptroller Indian River County, By -- Deputy Clerk Joseph E. Flescl Date Approved by SWDD: Approved By: Approv _ as to r Jason E. Brown, County Administrator `Dpi n, T Signed, sealed, and delivered in the of: Print Name: \ / J J Whit Name: Print 1OF8359 Ninth Amendment to Contract Legal Sufficiency By: Esq., of Florida, Limited Partnership ices of Florida GP, Inc., ofpage intentionally left blank] Page 4 of 5 P181 IN WITNESS WHEREOF, the parties have caused this Ninth Amendment to be executed by their respective duly authorized officers as of the day and year first written above. Attest: Jeffrey R. Smith. Clerk of Court and Comptroller By: [deputy Clerk Date Approved by SWDD: Approved By: Jason E. Brown, County Administrator Signed, sealed, and delivered in the presence of: Print Name: Steven Paulik Print Nance: Steven Clauss (Owner) Solid Waste Disposal District Indian River County, Florida Joseph E. Flescher, Chairman Approved as to Form and Legal Sufficiency By: Dylan T. Reinhold, Esq., County Attorney Republic Services of Florida, Limited Partnership ("Contractor") By: Republic Services of FI rda GP, Inc., its GenerAPartner_ Print Name: Glenn Kavan Print Title: General Manager Irentaittrler rf page haetrtiotrrrlty left bJntrkI 1OG2270 d�`1wh Ame ntinjent to 'ath urt Ptgl r SCHEDULES 1OF8359 Ninth Amendment to Contract Page 5 of 5 P182 SCHEDULE 5 Example of Formula Savings= FC + {P*TA*DA FC = Fixed Cost at the Affected CCC P = percent of waste that is out of the system TA = Tons at the Affected CCC DA = Revenue rate per ton at Affected CCC l0Cf2i70 rl' nIh Amembnem to C onnwct Ninth Amendment to Republic Services for Contract Renewal Solid Waste Disposal District Vincent Burke, Utilities Director Himanshu Mehta, SWDD Managing Director February 21, 2017 Description and Conditions • November 16, 2010—SWDD Board approved the Operation and Maintenance Agreement with Republic Services of Florida for the county's Class 1 Landfill as well as non -Class 1 landfill services including the five Customer Convenience Centers. • Term. January 1, 2011 through December 31, 2017. • Renewal: One additional period of seven years. • Original Price: $13.99 per ton for Class 1 Landfill & $2,765,833 per year for non -Class 1 landfill services. • Current Price: $14.86 per ton for Class 1 Landfill & $2,974,004 per year for non -Class 1 landfill services. • Proposed Price: $13.25 per ton for Class 1 Landfill & $2,974,004 per year for non -Class 1 landfill services. fp Analysis Class 1 Landfill Service and Rates: The Class 1 landfill services includes the co -disposal of both municipal solid waste (MSW), and construction and demolition (C&D) debris, the operation and maintenance of the Landfill Gas Control and Collection System, and the operation and maintenance of the storm water management system, leachate system and associated roads. SWDD does not guarantee any minimum or maximum quantity or quality of MSW, C&D debris or the landfill gas now or in the future. • The total new cost for these services is $13.25 per ton of MSW and C&D placed in the Class 1 landfill and is paid on a monthly basis. This is $0.74 less per ton than the original $13.99 per ton rate set in January 2011. Analysis Non -Class 1 Landfill Service and Rates: The non -Class 1 services include, but are not limited to the management of the : 1. Municipal Recycling Facility 2. Small load drop-off area 3. Waste tire facility 4. Metal storage area 5. Household hazardous waste (HHW) facility 6. Clean concrete storage area and other maintenance activities 7. Five (5) customer convenience centers (CCCs) 8. Transportation and disposal service for eight (8) specific locations, up to twenty (20) roadway cleanup projects, and up to twenty (20) special events. 9. Currently, the total annual compensation for these services is $2,974,004.79 per year to be paid equally on a monthly basis. _11- O0 _-� CL_ Negotiated Terms The following are the negotiated terms of the renewal contract: 1. Reduced Rate: Republic Services has clarified that the $13.25 per ton represents a total discount on the entire contract. Republic Services has stated that compared to the current rate of $14.86 per ton, the 10.83% decrease for the Class 1 services captures both the savings at the landfill and the non -Class 1 landfill services, including the CCCs. In applying the proposed new landfill rate to the contract using the average monthly amount of 14,300 tons, the overall reduction to the entire agreement is approximately 5.00%. 2. Annual Escalation via Consumer Price Index • Current escalation based on 75% of CPI and no cap • Proposed escalation based on 100% of CPI with a 3% cap (positive or negative) Negotiated Terms 3. Potential Cost Savings with Optimization of the Landfill and/or Customer Convenience Centers • Republic Services has proposed a formula that could provide savings based on any future policy direction from the SWDD Board related to the operation of the CCCs. 4. Acknowledgement that the recycling services are now on a single -stream basis. Q pR: iq PIZ`, .. ..... . .... o Xr_­,ii 5s'! I S oo 21� 0 141 i4: i -l - t ! .'t la !iX R i"n 4-M k, I Q iq PIZ`, I S oo 21� 0 141 i4: i -l - t ! .'t 4-M Q Recommendation Staff recommends a. Approve the Ninth Amendment to Republic Services as a contract renewal of the Solid Waste Operations and Maintenance contract for an additional period of seven (7) years beginning January 1, 2018 through December 31, 2024, at the negotiated rate of $13.25 per ton for the Class 1 landfill to begin on January 1, 2018 and a cost of $2,974,004.79 for the non -Class 1 landfill services. b. Authorize the Chairman to execute the same, as presented.