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HomeMy WebLinkAbout05/12/2015 (3) BOARD OF COUNTY COMMISSIONERS ER INDIAN RIVER COUNTY, FLORIDA 77.41-Htlk V • OG COMMISSION AGENDA 1"" .. , "'� TUESDAY,May 12,2015 -9:00 A.M. -,fir.,•' * * Commission Chambers Indian River County Administration Complex ORty p' 1801 27th Street,Building A Vero Beach,Florida,32960-3388 www.ircgov.com COUNTY COMMISSIONERS DISTRICT Wesley S.Davis,Chairman District 1 Joseph A.Baird,County Administrator Bob Solari,Vice Chairman District 5 Dylan Reingold,County Attorney Joseph E.Flescher District 2 Jeffrey R. Smith,Clerk of the Circuit Peter D. O'Bryan District 4 Court and Comptroller Tim Zorc District 3 1. CALL TO ORDER 9:00 A.M. PAGE 2. INVOCATION Commissioner Wesley S. Davis, Chairman 3. PLEDGE OF ALLEGIANCE Commissioner Tim Zorc 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS A. Presentation of Proclamation Designating May 14, 2015, as Jordan Darrell Day 1 May 12, 2015 Page 1 of 6 6. APPROVAL OF MINUTES PAGE None 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION None 8. CONSENT AGENDA A. Approval of Warrants—April 24, 2015 to April 30, 2015 (memorandum dated April 30, 2015) 2-8 B. Engagement of Berger Singerman LLP for Public Service Commission Appeals (memorandum dated May 5, 2015) 9-20 C. Final Payment for Engineering Consulting Services with Schulke, Bittle & Stoddard, LLC., for Professional Services for Engineering Design, Permitting and Construction Services for Conflict Resolution between Water and Sewer Mains and Proposed Drainage on U.S. 1 South of 11th Street SW to the County Line—UCP#4096 (memorandum dated April 30, 2015) 21-23 D. Approval of Award for Bid 2015038—Wet Well Rehabilitations (memorandum dated May 5, 2015) 24-31 E. Collective Bargaining Agreement Between Indian River County Firefighters/Paramedics Association, Local 2201, I.A.F.F. and Indian River County Emergency Services District (memorandum dated May 7, 2015) 32-125 F. Final Pay to Masteller and Moler, Inc., for WO No. 3 — Central Regional Wastewater Plant Sludge Holding Tank Modifications (memorandum dated April 27, 2015) 126-127 G. Final Pay and Release of Retainage for R. J. Sullivan Corp. on the Central WWTP Sludge Holding Tank Modifications Project—UCP 4102 (memorandum dated April 27,2015) 128-133 H. Work Order No. 9 CB&I Coastal Planning and Engineering, Inc., Sector 3 Beach Restoration Project, 2015 Post Construction Physical Monitoring Services (memorandum dated May 4, 2015) 134-142 May 12, 2015 Page 2 of 6 8. CONSENT AGENDA PAGE I. Work Order No. 2 Morgan & Eklund, Inc., 2015 Beach Profile Monitoring Surveys (memorandum dated May 5, 2015) 143-149 J. Award of Bid No: 2015037, 20th Avenue and 16th Street Intersection Improvements, IRC Project No. 0225 (memorandum dated May 1, 2015) 150-160 K. Change Order No. 1 and Release of Retainage, 69th Street Bridge over the Indian River Farms Water Control District(IRFWCD)Lateral G. Canal, IRC Project No. 1363 (memorandum dated April 28, 2016) 161-167 L. Board Approval of Resolutions for Grant Applications to the Florida Inland Navigation District for Replacement of the Round Island Riverside Park Boardwalk and for Dock Restoration at the Archie Smith Fish House (memorandum dated May 5, 2015) 168-177 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES A. Indian River County Clerk of the Circuit Court and Comptroller., Jeffrey R. Smith Laserfiche and Granicus Software Proposal (memorandum dated May 5, 2015) 178-222 10. PUBLIC ITEMS A. PUBLIC HEARINGS None B. PUBLIC DISCUSSION ITEMS (As a general rule, public discussion items should be limited to matters on which the commission may take action.) 1. Request to Speak from Patricia Hunt Regarding New Public Cameras in Public Building, Documented etc. 223 C. PUBLIC NOTICE ITEMS None 11. COUNTY ADMINISTRATOR MATTERS None May 12, 2015 Page 3 of 6 12. DEPARTMENTAL MATTERS PAGE A. Community Development None B. Emergency Services None C. General Services None 1. Human Services None 2. Sandridge Golf Club None 3. Recreation None D. Human Resources None E. Office of Management and Budget None F. Public Works None G. Utilities Services None 13. COUNTY ATTORNEY MATTERS A. Sunset of Ordinance Amending Section 300.02 (Prohibited hours of sale, service and consumption) (memorandum dated May 5, 2015) 224-225 B. County Attorney's Annual Employment Agreement (memorandum dated May 1, 2015) 226-230 May 12, 2015 Page 4 of 6 14. COMMISSIONERS MATTERS PAGE A. Commissioner Wesley S. Davis, Chairman 1. Jungle Trail and Fire Tower (memorandum dated May 6, 2015) 231-232 B. Commissioner Bob Solari,Vice Chairman None C. Commissioner Joseph E. Flescher None D. Commissioner Peter D. O'Brvan None E. Commissioner Tim Zorc None 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District 1. Approval of Minutes Impasse Hearing March 20, 2015 — Emergency Services District and Firefighters/Paramedics Association Local 2201 I.A.F.F. 2. Approval of Minutes Meeting of March 24, 2015 3. Approval of Minutes Meeting of April 7, 2015 4. Approval of Minutes Meeting of April 14, 2015 5. New World Systems Records Management and Tracking Software (memorandum dated April 30, 2015) 233-241 B. Solid Waste Disposal District 1. Approval of Minutes April 7, 2014 2. Request to Participate in the "2015 KIRB Marketplace" at Indian River Mall (memorandum dated May 1,2015) 242-247 May 12, 2015 Page 5 of 6 15. SPECIAL DISTRICTS AND BOARDS PAGE C. Environmental Control Board None 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act(ADA) Coordinator at(772)226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meeting may be broadcast live by 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 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. May 12, 2015 Page 6 of 6 • PROCLAMATION 5,6\ DESIGNATING MAY 14, 2015 AS JORDAN DARRELL DAY WHEREAS, May 14, 2015 will mark the 11th birthday of Jordan Darrell, who made his debut in 2004 to become the first of three incredible boys in the Darrell Family; and WHEREAS, Jordan Darrell spent nine years as a ray of sunshine for his family, friends and anyone he met; and WHEREAS, Jordan Darrell was involved in tae kwon do, soccer, baseball, flag and tackle football, and basketball since the age of four years old; and WHEREAS, Jordan Darrell was very passionate about school. He loved mathematics, science and reading; and WHEREAS, the Darrell Family's goal is to help provide financial assistance to high achieving exemplary students to encourage them to reach their athletic goals and soar in academics; and WHEREAS, Jordan Darrell was an exceptional student, who was also athletically inclined, with a passion for football and based on this, Foundation 15 has created Academic, Football, and Athletic scholarships to memorialize Jordan; and WHEREAS, the first Annual Jordan Bowl, sponsored by Vero Beach High School Athletic Department, scheduled for May 16, 2015 will raise funds for Foundation 15. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the Board designates May 14, 2015 as Jordan Darrell Day and invites residents to honor Jordan's memory in a positive way and make a difference in our community by raising funds for Foundation 15 at the First Annual Jordan Bowl on Saturday, May 16, 2015. Adopted this 12th day of May, 2015. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Wesley S. Daft, airman B ari, Vice Chairman I I I) Efr • �l * Peter D. O'Bryan ORION / - "'oseph E. Flescher Tim Zor 5. A. 1 ST ANNIJAL JORDAN BOWL SPONSORED BY VERO BEACH HIGH SCHOOL A'T'HLE'T'IC l)l31'ARTMENT AM. oinr: ,„„,, ..ATIonesr4/0 woir ,41.11F 'T'IME: 10:00AM COME OUT AND CELEBRATE JORDAN'S BIR T'IIl)A 44) WI'T'H US! � g3 THE T BOWL "MEE EVENT. IT IS AN ANNUAL FLAG 1 IiL JORDAN IS A i FOOTBALL GAME FOR AGES -Ili 4,0 GAMES START AT 10:30AM. b00051 FOIJNI)ATION 15 MERCHANDISE AND REFRESHMENTS WILL BE AVAILABLE WE ARE CURRENTLY LOOKING FOR CORPORATE OR INIIIVIDUAL SPONSORS FOR MORE INFORMATION OR IF YOU WOULD LIKE TO BE A PART OF THE JORDAN BOWL GO TO: WWW.FOUNI)ATION15.ORRG OR EMAIL JENGRAVES99@GMAIL.COM The Jordan Bowl is an annual event to celebrate Jordan's Birthday and raise funds for Foundation 75 - Providing academic and athletic scholarships for kids in Indian River County. I.A co'uM � JEFFREY R. SMITH, CPA, CGFO, CGMA , 3,, Clerk of Circuit Court&Comptroller /,_.j Finance Department 1801 27th Street Vero Beach,FL 32960 ^ ' TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: April 30, 2015 SUBJECT: APPROVAL OF WARRANTS April 24, 2015 to April 30, 2015 In compliance with Chapter 136.06, Florida Statutes, all warrants (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 list of warrants, issued by the Comptroller's office, for the time period of April 24, 2015 to April 30, 2015. Attachment: DB: MS 2 ELECTRONIC PAYMENTS - CHECKS TRANS NBR DATE VENDOR AMOUNT 325465 4/30/2015 PORT CONSOLIDATED INC 1,124.57 325466 4/30/2015 JORDAN MOWER INC 8,605.62 325467 4/30/2015 TEN-8 FIRE EQUIPMENT INC 3,297.00 325468 4/30/2015 RANGER CONSTRUCTION IND INC 718.20 325469 4/30/2015 KIMLEY HORN&ASSOC INC 7,640.00 325470 4/30/2015 PARALEE COMPANY INC 400.00 325471 4/30/2015 GRAINGER 36.89 325472 4/30/2015 KELLY TRACTOR CO 514.12 325473 4/30/2015 SAFETY KLEEN SYSTEMS INC 201.11 325474 4/30/2015 GRAYBAR ELECTRIC 1,609.24 325475 4/30/2015 REPUBLIC SERVICES INC 531,002.27 325476 4/30/2015 HACH CO 23.20 325477 4/30/2015 LFI FORT PIERCE INC 302.80 325478 4/30/2015 PHYSIO CONTROL INC 687.25 325479 4/30/2015 ALLIED ELECTRONICS INC 530.23 325480 4/30/2015 KSM ENGINEERING&TESTING INC 1,312.00 325481 4/30/2015 HD SUPPLY WATERWORKS,LTD 10,333.49 325482 4/30/2015 VERO INDUSTRIAL SUPPLY INC 136.31 325483 4/30/2015 TIRESOLES OF BROWARD INC 1,213.35 325484 4/30/2015 BFS RETAIL OPERATIONS LLC 931.68 325485 4/30/2015 CHILDCARE RESOURCES OF IRC INC 19,248.88 325486 4/30/2015 GENERAL PART INC 815.74 325487 4/30/2015 GOODYEAR AUTO SERVICE CENTER 49.00 325488 4/30/2015 MIDWEST TAPE LLC 485.56 325489 4/30/2015 PALM TRUCK CENTERS INC 112.50 325490 4/30/2015 RELIABLE POLY JOHN 481.39 325491 4/30/2015 PAUL CARONE 3,726.00 325492 4/30/2015 PAUL JULIN 650.00 325493 4/30/2015 PRISCILLA MALGERI 500.00 325494 4/30/2015 LOUIS POLUMBO 370.81 325495 4/30/2015 CREATIVE CHOICE HOMES XVI LTD 440.00 325496 4/30/2015 PST SERVICES INC 33,328.54 325497 4/30/2015 CITY OF VERO BEACH 359.17 325498 4/30/2015 CITY OF VERO BEACH 5,668.80 325499 4/30/2015 INDIAN RIVER ALL FAB INC 1,238.47 325500 4/30/2015 UNITED PARCEL SERVICE INC 36.81 325501 4/30/2015 PETTY CASH 200.00 325502 4/30/2015 INDIAN RIVER STATE COLLEGE 650.00 325503 4/30/2015 TREASURE COAST HOMELESS SERVICES 4,944.00 325504 4/30/2015 PUBLIX SUPERMARKETS 46.90 325505 4/30/2015 PUBLIX SUPERMARKETS 10.00 325506 4/30/2015 WAL MART STORES EAST LP 81.45 325507 4/30/2015 GEOSYNTEC CONSULTANTS INC 6,957.14 325508 4/30/2015 FEDERAL EXPRESS CORP 34.22 325509 4/30/2015 LITTER GI1 1ER INC 195.00 325510 4/30/2015 VERO HERITAGE INC 1,083.00 325511 4/30/2015 CALLAWAY GOLF SALES COMPANY 157.08 325512 4/30/2015 SUBSTANCE AWARENESS COUNCIL OF IRC INC 6,525.40 325513 4/30/2015 FLORIDA POWER AND LIGHT 93,849.52 325514 4/30/2015 FLORIDA POWER AND LIGHT 496.33 325515 4/30/2015 BLUE CROSS&BLUE SHIELD of FLORIDA 1,139.97 325516 4/30/2015 TAYLOR MADE GOLF CO INC 166.50 325517 4/30/2015 AMERICAN PLANNING ASSOCIATION 180.00 325518 4/30/2015 IRC HOUSING AUTHORITY 435.00 325519 4/30/2015 SUNSHINE STATE ONE CALL OF FL INC 1,076.03 325520 4/30/2015 CATHOLIC CHARITIES DIOCESE OF PALM BCH 2,312.46 325521 4/30/2015 STRUNK FUNERAL HOMES&CREMATORY 425.00 325522 4/30/2015 BLUE SHIELD FLORIDA FEDERAL 327.94 3 1 TRANS NBR DATE VENDOR AMOUNT 325523 4/30/2015 BLUE SHIELD FLORIDA FEDERAL 95.65 325524 4/30/2015 MEDICARE PART B FINANCIAL SERVICES 264.10 325525 4/30/2015 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 500.00 325526 4/30/2015 HOMELESS FAMILY CENTER INC 19,500.00 325527 4/30/2015 TREASURE COAST SPORTS COMMISSION INC 17,939.42 325528 4/30/2015 BUILDING OFFICIALS ASSOC OF FLORIDA 3,747.76 325529 4/30/2015 AARP INSURANCE 17.24 325530 4/30/2015 UNITED HEALTH CARE INS COMPANY 339.08 325531 4/30/2015 ALAN C KAUFFMANN 50.00 325532 4/30/2015 G K ENVIRONMENTAL INC 10,435.00 325533 4/30/2015 BLUE CROSS BLUE SHIELD 1,482.22 325534 4/30/2015 BANK OF NEW YORK 1,000.00 325535 4/30/2015 IDEA GARDEN ADVERTISING 300.00 325536 4/30/2015 HUMANA 152.32 325537 4/30/2015 PINNACLE GROVE LTD 1,405.00 325538 4/30/2015 VERO CLUB PARTNERS LTD 1,160.00 325539 4/30/2015 DAVID SPARKS 388.00 325540 4/30/2015 CONSTRUCTION LICENSING OFFICIALS 100.00 325541 4/30/2015 KIMBERLA ROBERTS 10.00 325542 4/30/2015 THE PALMS AT VERO BEACH 454.00 325543 4/30/2015 ED SCHLITT LC 560.00 325544 4/30/2015 JOHN OLIVIERA 698.00 325545 4/30/2015 MICHAEL K VERNON 125.00 325546 4/30/2015 RUSSELL PAYNE INC 152.46 325547 4/30/2015 TRANE US INC 1,250.00 325548 4/30/2015 ARTHUR PRUETT 409.00 325549 4/30/2015 MICHAEL WYATT 165.00 325550 4/30/2015 JOSEPH W VASQUEZ 75.00 325551 4/30/2015 BIG BROTHERS AND BIG SISTERS 1,250.00 325552 4/30/2015 NATIONAL NOTARY ASSOCIATION 122.00 325553 4/30/2015 POLISH AMERICAN SOCIAL CLUB 1,700.00 325554 4/30/2015 JOHNS EASTERN COMPANY INC 13,899.69 325555 4/30/2015 MICHAEL JAHOLKOWSKI 547.00 325556 4/30/2015 MBV ENGINEERING INC 48,312.50 325557 4/30/2015 AMALIE HENNECH 300.00 325558 4/30/2015 PROGRESSIVE INSURANCE 368.00 325559 4/30/2015 MASTELLER&MOLER INC 8,114.00 325560 4/30/2015 DICKERSON FLORIDA INC 351,573.03 325561 4/30/2015 NEXTEL SOUTH CORP 107.19 325562 4/30/2015 THALIA SHURNS 50.00 325563 4/30/2015 LUCY B HENDRICKS 573.00 325564 4/30/2015 JOHN DEERE LANDSCAPES 3,676.10 325565 4/30/2015 HFB OF FLORIDA LLC 613.00 325566 4/30/2015 D&S ENTERPRISES OF VERO BCH LLC 4.50 325567 4/30/2015 HUTTER PETER&RITA 100.00 325568 4/30/2015 JOHNNY B SMITH 75.00 325569 4/30/2015 EARRING POINT PROPERTIES 469.00 325570 4/30/2015 GLOBALSTAR USA 119.62 325571 4/30/2015 PAUL C AND JOYCE M REDSTONE 92.22 325572 4/30/2015 FISHER&PHILLIPS LLP 19,375.00 325573 4/30/2015 REDLANDS CHRISTIAN MIGRANT ASSOC 2,260.22 325574 4/30/2015 BRONTERIOUS BRYANT 500.00 325575 4/30/2015 MICHAEL ABRAHAM 1,827.43 325576 4/30/2015 TREASURE COAST FOOD BANK INC 186.37 325577 4/30/2015 GIS SERVICES 729.17 325578 4/30/2015 K'S COMMERCIAL CLEANING 16,954.08 325579 4/30/2015 WALTA N NASON 96.08 325580 4/30/2015 PAULA WHIDDON 553.00 325581 4/30/2015 COURTYARD VILLAS OF VERO LLC 560.00 325582 4/30/2015 FLORIDA MEDICAID 94.21 4 2 TRANS NBR DATE VENDOR AMOUNT 325583 4/30/2015 HELPING ANIMALS LIVE-OVERCOME 41.00 325584 4/30/2015 INEOS NEW PLANET BIOENERGY LLC 76,501.06 325585 4/30/2015 ATLANTIC COASTAL LAND TITLE CO LLC 75.00 325586 4/30/2015 KEMPER BUSINESS SYSTEMS 10.00 325587 4/30/2015 JUNIOR LEAGUE OF INDIAN RIVER INC 2,500.00 325588 4/30/2015 GUETTLER BROTHERS CONSTRUCTION LLC 390,331.26 325589 4/30/2015 LINDSEY GARDENS II LTD 520.00 325590 4/30/2015 SAFETY SCHELL CORPORATION 1,173.40 325591 4/30/2015 DELRAY MOTORS 121.13 325592 4/30/2015 OVERDRIVE INC 2,368.85 325593 4/30/2015 MISS INC OF THE TREASUE COAST 2,363.00 325594 4/30/2015 DANIEL CORY MARTIN 1,979.00 325595 4/30/2015 CRAIG LOPES 470.00 325596 4/30/2015 BORRELLI&PARTNERS INC 10,399.02 325597 4/30/2015 WILLIAM LEE 700.00 325598 4/30/2015 REPROGRAPHIC SOLUTIONS INC 25.20 325599 4/30/2015 LOWES HOME CENTERS INC 1,224.23 325600 4/30/2015 LABOR READY SOUTHEAST INC 10,352.10 325601 4/30/2015 J&H WATERSTOP UTILITIES INC 22,510.00 325602 4/30/2015 EMILY K DIMATTEO 70.00 325603 4/30/2015 ALEX MIKLO 25.00 325604 4/30/2015 LEARNING ALLIANCE 10,134.94 325605 4/30/2015 PENGUIN RANDOM HOUSE LLC 233.75 325606 4/30/2015 BIRCHWOOD CASEY LLC 4,185.60 325607 4/30/2015 MARK BAER 19,700.00 325608 4/30/2015 KANSAS STATE BANK OF MANHATTAN 890.57 325609 4/30/2015 COURSE TRENDS INC 300.00 325610 4/30/2015 33 MILES EAST INVESTMENTS LLC 567.00 325611 4/30/2015 WADE WILSON 25.00 325612 4/30/2015 SUMMIT CONSTRUCTION OF VERO BEACH LLC 28,630.43 325613 4/30/2015 FRESH START HOUSING LLC 956.00 325614 4/30/2015 TRINOVA-FLORIDA INC 4,089.29 325615 4/30/2015 AXIS DATA SOLUTIONS INC 3,360.35 325616 4/30/2015 SABEL CHASE 478.00 325617 4/30/2015 ROBERTS J GORMAN 424.00 325618 4/30/2015 JUAN CHAVES 700.00 325619 4/30/2015 REID REALTY 478.00 325620 4/30/2015 KENNETH BAILEY 28.92 325621 4/30/2015 FOUNDATION FOR AFFORDABLE RENTAL HOUSING 623.00 325622 4/30/2015 JOHNATHON KNOWLES 722.00 325623 4/30/2015 MASCHMEYER CONCRETE COMPANY OF FLORIDA 913.00 325624 4/30/2015 KEECLEAN MANAGEMENT INC 6,565.00 325625 4/30/2015 HUDSON VINYL PRODUCTS INC 2,176.50 325626 4/30/2015 BAUER INTERNATIONAL PURVEYORS LLC 24,813.96 325627 4/30/2015 JULIOAAGUILA 65.00 325628 4/30/2015 ROBIN FOTOPOULOS 10.00 325629 4/30/2015 AMY WEAVER 50.00 325630 4/30/2015 ELANIE FORD 50.00 325631 4/30/2015 BAYHEAD CONSULTING INC 3,433.50 325632 4/30/2015 JUANITA CREAMER 55.00 325633 4/30/2015 AMY SHAW 50.00 325634 4/30/2015 SELENA DAVIS 50.00 325635 4/30/2015 DRAINMASTER INC 130.01 325636 4/30/2015 JEANNE LEE 94.51 325637 4/30/2015 LANI SENFELD 93.22 325638 4/30/2015 EXTREME ANIMALS 195.00 325639 4/30/2015 DVT HURRICANE SHUTTERS INC 3,776.88 325640 4/30/2015 CLEMENTS PEST CONTROL 1,265.00 325641 4/30/2015 AT&T WIRELESS 11.40 325642 4/30/2015 AT&T WIRELESS 2,600.40 5 3 TRANS NBR DATE VENDOR AMOUNT 325643 4/30/2015 MARK W HILL 10.50 325644 4/30/2015 BOUND TREE MEDICAL LLC 1,019.33 325645 4/30/2015 EGP INC 718.42 325646 4/30/2015 ACE PLUMBING INC 368.75 325647 4/30/2015 EXPRESS REEL GRINDING INC 2,000.00 325648 4/30/2015 FLORIDA VETERINARY LEAGUE 112.11 325649 4/30/2015 BARTH CONSTRUCTION INC 306,804.00 325650 4/30/2015 GENERAL PART INC 206.55 325651 4/30/2015 JONAS SOFTWARE USA INC 345.15 325652 4/30/2015 GOLF SUPPLY HOUSE USA INC 1,419.50 325653 4/30/2015 GREENE INVESTMENT PARTNERSHIP LTD 3,306.25 325654 4/30/2015 INDIAN RIVER COUNTY HEALTH DEPT 44,543.41 325655 4/30/2015 MEDICAL EXAMINERS OFFICE 24,888.58 325656 4/30/2015 VICTIM ASSISTANCE PROGRAM 5,568.58 325657 4/30/2015 ROGER J NICOSIA 1,500.00 325658 4/30/2015 CITY OF VERO BEACH 2,052.23 325659 4/30/2015 CITY OF VERO BEACH 11,662.50 325660 4/30/2015 FLORIDA EAST COAST RAILWAY LLC 13,439.15 325661 4/30/2015 CITY OF SEBASTIAN 20,650.81 325662 4/30/2015 CALLAWAY GOLF SALES COMPANY 1,053.99 325663 4/30/2015 CITY OF FELLSMERE 22.11 325664 4/30/2015 HUTCHINSON ISLAND MARRIOTT 420.00 325665 4/30/2015 CHRISTOPHER KAFER 4.65 325666 4/30/2015 CINTAS CORPORATION NO 2 158.78 325667 4/30/2015 DICKERSON FLORIDA INC 114,235.87 325668 4/30/2015 ETR LLC 13,557.00 325669 4/30/2015 BRUNSWICK COMMERCIAL&GOV PRODUCTS INC 18,831.00 325670 4/30/2015 DAY SPRING 250.00 325671 4/30/2015 PETER OBRYAN 43.93 325672 4/30/2015 FISHER&PHILLIPS LLP 2,355.40 325673 4/30/2015 GEORGE PFARR 206.26 325674 4/30/2015 MELVIN BUSH CONSTRUCTION INC 3,979.99 325675 4/30/2015 LINDSAY ADAMS 126.38 325676 4/30/2015 TIM ZORC 208.23 325677 4/30/2015 VINCENT BURKE 189.38 325678 4/30/2015 CB&I COASTAL PLANNING&ENGINEERING INC 29,980.71 325679 4/30/2015 BURNETT LIME CO INC 3,201.80 325680 4/30/2015 STRAIGHT OAK LLC 118.80 325681 4/30/2015 DYLAN REINGOLD 346.61 325682 4/30/2015 FUTURE HORIZONS INC 1,201.45 325683 4/30/2015 INTEGRITY LAWNS LLC 1,750.00 325684 4/30/2015 EMA INC 4,947.11 325685 4/30/2015 BIBB SUPPLY CO INC 1,158.32 325686 4/30/2015 HAWKINS INC 1,522.25 Grand Total: 2,584,569.92 6 d ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 3539 4/23/2015 I R C HEALTH INSURANCE-TRUST 53,421.20 3540 4/24/2015 KIMLEY HORN&ASSOC INC 66,716.85 3541 4/24/2015 INDIAN RIVER COUNTY PROPERTY APPRAISER 236,791.64 3542 4/24/2015 NACO/SOUTHEAST 502.76 3543 4/24/2015 FLORIDA LEAGUE OF CITIES,INC 5,917.49 3544 4/24/2015 NACO/SOUTHEAST 33,065.51 3545 4/24/2015 ICMA RETIREMENT CORPORATION 11,905.22 3546 4/24/2015 TEAMSTERS LOCAL UNION#769 5,262.00 3547 4/24/2015 ICMA RETIREMENT CORPORATION 2,160.00 3548 4/24/2015 BENEFITS WORKSHOP 5,320.53 3549 4/24/2015 IRC FIRE FIGHTERS ASSOC 6,000.00 3550 4/24/2015 FL SDU 7,057.59 3551 4/24/2015 SUN LIFE FINANCIAL 4,985.60 3552 4/24/2015 HEALTH ADVOCATE 338.25 3553 4/24/2015 MUTUAL OF OMAHA 1,940.00 3554 4/24/2015 B/C B/S OF FL ADM FEE 10,239.75 3555 4/27/2015 IRS-PAYROLL TAXES 383,422.36 3556 4/29/2015 FLORIDA DEPT OF FINANCIAL SERVICES 6,376.39 3557 4/30/2015 INDIAN RIVER COUNTY SHERIFF 3,245,621.36 3558 4/30/2015 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 72,425.59 3559 4/30/2015 CLERK OF CIRCUIT COURT 78,885.33 Grand Total: 4,238,355.42 7 1 ELECTRONIC PAYMENT - VISA CARD TRANS.NBR DATE VENDOR AMOUNT 1006424 4/24/2015 AT&T 3,278.82 1006425 4/24/2015 OFFICE DEPOT BSD CUSTOMER SVC 886.87 1006426 4/24/2015 WHEELABRATOR RIDGE ENERGY INC 3,810.55 1006427 4/27/2015 NORTH SOUTH SUPPLY INC 33.54 1006428 4/27/2015 MUMFORD LIBRARY BOOKS INC 1,124.99 1006429 4/27/2015 MIKES GARAGE&WRECKER SERVICE INC 1,868.75 1006430 4/27/2015 TEAM EQUIPMENT INC 236.00 1006431 4/27/2015 WORLD INDUSTRIAL EQUIPMENT INC 4,470.00 1006432 4/27/2015 SOUTHERN COMPUTER WAREHOUSE 3,391.57 1006433 4/27/2015 SEBASTIAN OFFICE SUPPLY CO 800.00 1006434 4/27/2015 STRYKER SALES CORP 773.94 1006435 4/27/2015 SYNAGRO-WWT INC 0.00 1006436 4/27/2015 SOUTHERN JANITOR SUPPLY INC 2,227.56 1006437 4/27/2015 S&S AUTO PARTS 74.60 1006438 4/27/2015 RADWELL INTERNATIONAL INC 190.80 1006439 4/27/2015 PACE ANALYTICAL SERVICES INC 306.00 1006440 4/28/2015 EVERGLADES FARM EQUIPMENT CO INC 690.00 1006441 4/28/2015 HENRY SCHEIN INC 2,911.50 1006442 4/28/2015 HELENA CHEMICAL 1,279.70 1006443 4/28/2015 INDIAN RIVER BATTERY 467.90 1006444 4/28/2015 DAVES SPORTING GOODS&TROPHIES 72.00 1006445 4/28/2015 ABCO GARAGE DOOR CO INC 71.25 1006446 4/28/2015 ALLIED UNIVERSAL CORP 4,570.87 1006447 4/28/2015 IRRIGATION CONSULTANTS UNLIMITED INC 160.38 1006448 4/28/2015 THE EXPEDITER 58.63 1006449 4/28/2015 METTLER TOLEDO INC 26,098.60 1006450 4/28/2015 FERGUSON ENTERPRISES INC 3,529.92 1006451 4/28/2015 DUNKELBERGER ENGINEERING&TESTING 1,251.50 1006452 4/28/2015 COMO OIL COMPANY OF FLORIDA 43.67 1006453 4/28/2015 COMPLETE ELECTRIC INC 76.00 1006454 4/28/2015 CAPITAL OFFICE PRODUCTS 1,015.67 1006455 4/28/2015 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 542.14 1006456 4/28/2015 AUTO PARTNERS LLC 106.46 1006457 4/28/2015 HYDRA SERVICE(S)INC 4,713.35 1006458 4/28/2015 WRIGHT FASTENER COMPANY LLC 425.50 1006459 4/28/2015 IMAGENET CONSULTING LLC 87.00 1006460 4/29/2015 AT&T 9,877.08 1006461 4/29/2015 OFFICE DEPOT BSD CUSTOMER SVC 1,364.11 1006462 4/29/2015 BRIDGESTONE GOLF INC 656.25 1006463 4/30/2015 EVERGLADES FARM EQUIPMENT CO INC 1,101.11 1006464 4/30/2015 DAVIDSON TITLES INC 5,193.23 1006465 4/30/2015 APPLE INDUSTRIAL SUPPLY CO 8.10 1006466 4/30/2015 SMITH BROTHERS CONTRACTING EQUIP 65.75 1006467 4/30/2015 GROVE WELDERS INC 595.00 1006468 4/30/2015 COMMUNITY ASPHALT CORP 597.72 1006469 4/30/2015 APPLE MACHINE&SUPPLY CO 194.40 1006470 4/30/2015 IMAGENET CONSULTING LLC 240.00 Grand Total: 91,538.78 8 1 ,V,‘• Consent Agenda-B.C.C. 5.12.15 it v ; Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: May 5, 2015 SUBJECT: Engagement of Berger Singerman LLP for Public Service Commission Appeals BACKGROUND. On February 3, 2015, the Florida Public Service Commission ("PSC") voted to grant the City of Vero Beach's Petition for Declaratory Statement (the "City's Petition") and deny Indian River County's Petition for Declaratory Statement (the "County's Petition"). Both PSC orders were issued on February 12, 2015. On March 3, 2015, the Indian River County Board of County Commissioners authorized the County Attorney to file an appeal of the two matters. In March, the notices of appeal were filed with the Florida Supreme Court. On April 6, 2015, I informed the Board that Floyd Self, our outside counsel with respect to the electric utility issue, was joining the law firm of Berger Singerman. The law firm has over 100 attorneys and has offices in Miami, Ft. Lauderdale, Boca Raton and Tallahassee. Although the firm's billing rate for attorneys ranges from $250.00 per hour to $695.00 per hour, Floyd Self will continue to charge Indian River County at his $275.00 per hour rate. Attached is an engagement letter with the law firm of Berger Singerman LLP. Indian River Co. Approved I Date APPROVED FOR MAY 12, 2015 Admin jl B.C.C. MEETING-CONSENT AGENDA Co.Atty. 5I 7• Budget /6/6- le Dept. COUNTY ATTORNEY Risk Mgr. ®- F:UnorneyLind GENERAL43CC.4grndo Afewos'Floyd&IlReminer Agremere.doer 9 FUNDING. The funding will come from the MSTU Fund. RECOMMENDATION. The County Attorney recommends that the Board authorize the County Attorney or the County Administrator to execute the engagement letter with Berger Singerman LLP. ATTACHMENT. Proposed engagement letter F:'AnurneviLind IGENERALIBC C'Agenda Memo,'Flo dSellfRetainerAgnemem.doer 10 BERGER SINGERMAN Floyd R.Self 850.521.6727 fself@bergersingerman.com April 17, 2015 VIA ELECTRONIC MAIL AND U.S.MAIL Mr. Dylan Reingold County Attorney Indian River County, Florida 1801 27th Street Vero Beach, FL 32960-3365 Re: Engagement of Berger Singerman LLP Dear Dylan: Thank you for permitting me to continue to serve as your counsel as a member of the Berger Singerman LLP law firm. As a part of the transition process, the firm would like to confirm with you the terms of our engagement. We are pleased to confirm your decision to engage our law firm to act as legal counsel for The Board of County Commissioners, Indian River County, Florida ("You") to provide Utility Regulatory Consulting and Representation (the "Matter"). We have agreed that our engagement is limited to our performance of services directly related to the Matter. Because we are not Your general counsel, our acceptance of this engagement does not involve an undertaking to represent You or Your interests in any other matter. We may agree with You to limit or expand the scope of our representation in the Matter from time to time, and we may agree to represent you in additional matters, provided that any such change in scope or any additional representation is confirmed by us in writing. This letter and the enclosed Standard Terms of Engagement also shall govern Your future engagements of our services in any other matters. We believe a mutual understanding of the scope, terms and conditions of our representation is fundamental to establishing a good working relationship between our law firm and You. This letter and the enclosed Standard Terms of Engagement will describe the basis on which our firm will provide legal services to You. We do not and will not represent any person or entity other than You in the Matter, regardless of any direct or indirect affiliation with You, unless we expressly agree to do so in writing. 1. Our Fees for Services. Our services will be provided on an hourly basis; the billing rates for our attorneys, law clerks and paralegals vary depending upon levels of 6349120-2 125 SOUTH GADSDEN STREET I SUITE 300 I TALLAHASSEE, FLORIDA 32301 t:(850) 561-3010 I f: (850) 561-3013 I WWW•BERGERSINGERMAN.COM 11 Indian River County April 17, 2015 Engagement of Berger Singerman LLP Page 2 of 10 experience. The current billing rates of our attorneys range from $250.00 per hour to $695.00 per hour. Time spent by any law clerk or paralegal is currently charged at$135.00-$225.00 per hour. You will be charged for the time actually and reasonably expended by our attorneys, paraprofessionals and legal assistants at their normal hourly rates. Periodically, our hourly rates are reviewed and may be adjusted to reflect increases in our basic costs, increased experience of the individuals involved, and for other similar reasons. As explained in the enclosed Standard Terms of Engagement, other factors also may be taken into consideration in determining our fees. However, notwithstanding the foregoing, I will continue to charge You at the rate of $275.00 per hour as I have in the past, subject to future changes in rates that we may agree to. You will also be invoiced for disbursements and charges in connection with our representation, including without limitation charges for telephone calls, copying/printing, courier services, travel and lodging expenses, court reporting, expert fees, costs of investigation, computer-assisted research charges, postage, secretarial overtime, word processing, local counsel charges and other incidental expenses. We may pass along to You certain charges for Your direct payment to the vendor. If You wish to monitor the fees and costs posted to this matter during a calendar month, please visit Viewabill at https://www.viewabill.com/users/sign_up and sign up free of charge. Security Retainer. The firm's policy is to require a security deposit at the beginning of its engagement for all clients. However, giving my longstanding relationship with You, the firm will not require a retainer. We do reserve the right to do so in the future as a condition of our continued representation. 2. Consent to Our Representation of Others. You and we agree and understand that this is not an exclusive agreement. As is the case with any law firm, we may from time to time represent one client whose interests may conflict with those of another client. For example, we may represent You in a matter and, at the same time,we may represent another client adverse to You in a substantially unrelated matter, provided that we reasonably believe that we will be able to provide competent and diligent representation to You and the other client. As part of our engagement, You consent in advance to such concurrent representations (and agree not to seek our disqualification as a result). You should consider obtaining the advice of independent counsel regarding the implications of this consent. By executing this agreement, You consent to our concurrent representations under these conditions. 3. No Guaranteed Results. During the course of our representation, we may express opinions or beliefs concerning the outcome of this Matter, or the existence of events or circumstances that may affect anticipated results or impact the ultimate resolution of a dispute. All representations and expressions relative to the outcome of this Matter do not constitute guarantees. 4. Standard Terms of Engagement. Additional information regarding fees and other important matters appears in the enclosed Standard Terms of Engagement, which are 6349120-2 zi BERGER SINGERMAN 12 Indian River County April 17, 2015 Engagement of Berger Singerman LLP Page 3 of 10 incorporated as part of this letter. You should review the enclosed Standard Terms of Engagement carefully before agreeing to engage us. After You have had an opportunity to review this engagement letter including the enclosed Standard Terms of Engagement, please do not hesitate to call me with any questions or comments You may have. We do not assume any professional responsibilities to You until this engagement letter has been fully executed by You and us, and we have received any requested security retainer. If this engagement letter meets with Your approval, please sign in the space provided and return the original executed letter to: Jessica Hollander 350 East Las Olas Blvd., Suite 1000 Fort Lauderdale,FL 33301 Email:jhollander@bergersingerman.com bergersingerman.com Fax: 954-775-3519 We look forward to representing You in this Matter. Sincerely, BERGER SINGE AN LLP Floyd1119. S FRS/apw Agreed to, and Accepted by: THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Signed: Printed Name: Title: Email Address: dreingold@ircgov_corn Date: 6349120-2 BERGER SINGERMAN 13 Indian River County April 17, 2015 Engagement of Berger Singerman LLP Page 4 of 10 BILLING INFORMATION: Your invoices will be delivered to You electronically to the e-mail address above. However, if You prefer invoices to go to a different billing contact,please complete the following: Billing Contact: N/A E-mail address of Billing Contact: N/A Please check here ❑if You need an additional copy of Your Invoices to be mailed regular mail. We will mail Your invoices to the address shown above unless You provide us a different billing address below: Billing Address: N/A 6349120-2 = BERGER SINGERMAN 14 Indian River County April 17, 2015 Engagement of Berger Singerman LLP Page 5 of 10 Standard Terms of Entauiement This document sets forth other standard terms of our engagement as Your lawyers. Unless modified in writing by mutual agreement, these terms will be an integral part of our agreement with You. Therefore, we ask that You review this document carefully and contact us promptly if You have any questions. No Representation of Your Affiliates You have agreed that our representation of You does not give rise to a lawyer-client relationship between our firm and any of Your affiliates. Accordingly,representation of You will not give rise to any conflict of interest (or cause for our disqualification) in the event other clients of the firm are adverse to any of Your affiliates. Client Responsibilities You agree to pay our invoices for services and expenses as provided below. In addition, You agree to be candid and cooperative with us and will keep us informed with complete and accurate factual information, documents and other communications relevant to the subject matter of our representation or otherwise reasonably requested by us. We must necessarily rely on the accuracy and completeness of the information You and Your agents provide to us. Because it is important that we are able to contact You at all times to consult with You, please inform us in writing of any changes in Your mailing address, e-mail address or telephone number, or changes in the name, address, telephone number, contact person, e-mail address, state of incorporation or other relevant changes regarding any of Your businesses. Whenever we need Your instruction or authorization in order to proceed with legal work on Your behalf, we will contact You at the latest business address we have received from You. If You affiliate with, acquire, are acquired by, or merge with another client, please provide us with sufficient notice to permit us to withdraw as Your lawyers if we determine that such affiliation, acquisition, or merger creates an irreconcilable conflict of interest between any of our other clients and the other party to such affiliation, acquisition, or merger, or if we determine that it is not in the best interests of the firm to represent the new entity. In-House Litigation Support Services Electronic discovery and the use of technology has become a significant component of adversarial proceedings, and can be quite costly to clients. Although third party vendors offer technical litigation support, we offer in-house litigation support services that may be more economical to our clients than outside vendors. We welcome the opportunity to share with You 6349120-2 BERGER S1NGERMAN 15 Indian River County April 17, 2015 Engagement of Berger Singerman LLP Page 6 of I 0 information about our in-house litigation support services and staff, including our investments in technologies and competitive pricing. Any in-house litigation support services we agree to provide to You (and the pricing of those services) will be described in a separate writing to You. Billing Arrangements and Terms of Payment We will invoice You for services rendered, disbursements and charges posted on our books on a monthly basis, or such other periodic basis as we may determine, and will expect payment within thirty days. In the event You do not object to any invoice we issue within 20 days after issuance, You agree that each invoice is accurate and reasonable and shall be considered an account stated, and You waive any right to object later to the accuracy or reasonableness of our services rendered or the amount due. Interest will accrue at the rate of one percent per month on invoices outstanding more than thirty days. If You fail to pay any monthly invoices, we may, in our sole discretion, cease to represent You, and may apply the security retainer to Your outstanding invoices. For Your convenience, You may make security retainer deposits or pay our invoices using any of the following credit cards: Visa, MasterCard, American Express or Discover. In the event You elect to use a credit card, You may access our online payment portal by visiting http://www.bergersin germ an.com/cli ent-tool s/. Privileged Communications Exchanged by Electronic Means You acknowledge that the Firm's attorneys and staff sometimes communicate with You, and Your professionals and agents, by cellular phone, text messaging, videoconferencing and/or electronic mail, and that such communications are capable of being intercepted by others. You and the firm expressly disclaim any intention to limit or waive legal protections afforded to their communications by using any electronic means. You agree to inform the firm if You desire that privileged matters not be discussed through such electronic means. You agree to inform the firm in advance if You wish to institute a system to encode all e-mail communication between the firm and You, or Your professionals or agents, or otherwise to limit or prohibit the use of electronic means of communication during the engagement. Termination of Engagement You may terminate our services and representation at any time upon written notice to us. Such termination shall not, however, relieve You of the obligation to pay for all services already rendered, including work in progress and remaining incomplete at the time of termination, and to pay for all expenses incurred on Your behalf through the date of termination. We reserve the right to withdraw from our representation in our discretion or as required or permitted by the applicable rules of professional conduct upon written notice to You. In the event that we terminate the engagement, we will take such steps as are reasonably practicable to protect Your interests in the specified matter, and You agree to take all steps necessary to free us 6349120-2 BERGER SINGERMAN 16 Indian River County April 17, 2015 Engagement of Berger Singerman LLP Page 7 of 10 of any obligation to perform further, including the execution of any documents necessary to accomplish our withdrawal. We will be entitled to be paid for all services rendered, and costs or expenses incurred on Your behalf, through the date of withdrawal. If petinission for withdrawal is required by a court or arbitration panel, we will promptly request such permission, and You agree not to oppose our request. In the event of nonpayment of fees, we shall have a lien on all of Your documents, property of any kind, or money in our possession, custody or control to secure the payment of all sums due under this agreement, and upon property or funds received by You by settlement, judgment, or otherwise relating to any matter in which we provided counsel to You. In addition, any funds or monies recovered by You in one matter for which we have been engaged by You shall be security for the payment of our fees and costs in any other matter for which we have been engaged by You. In the event You have engaged us on a contingent fee basis, You agree that Your termination of our services to You is without prejudice to any of our rights in respect of fees due to us based on the outcome of the Matter after our termination. Unless previously terminated, our representation of You in a specified matter will terminate when we send to You our final invoice for services rendered in the matter. Following termination of our services, at Your request, Your papers and property will be returned to You upon receipt of payment for outstanding fees and costs. We will retain our own files pertaining to the matter. Our own files include, for example, firm administrative records, time and expense reports, personnel and staffing materials, and credit and accounting records; and internal lawyers' work product such as drafts, notes, internal memoranda, and legal and factual research, including investigative reports, prepared by or for the internal use of lawyers. All such documents retained by the firm will be transferred to the person responsible for administering our records retention program. For various reasons, including the minimization of unnecessary storage expenses, we reserve the right to destroy or otherwise dispose of any such documents or other materials retained by us within a reasonable time after the termination of the engagement. After the conclusion of our representation, changes may occur in the applicable laws or regulations that could have an impact upon Your rights and liabilities. Unless You engage us after the conclusion of the matter to provide additional advice on issues arising from the matter, the firm has no continuing obligation to advise You with respect to future legal developments. Dispute Resolution Procedures It is our goal to maintain at all times a constructive and positive relationship with You on the matter described above and on future matters in which we may perform services. However, should a dispute arise between us arising out of or relating to this agreement or any services provided by us to You, in connection with the matter described above or any other matters (including malpractice claims and fee disputes), we believe that a prompt and fair resolution is in the interests of all concerned. 6349120-2 BERGER SINGERMAN 17 Indian River County April 17, 2015 Engagement of Berger Singerman LLP Page 8 of 10 Voluntary Mediation At the written request of the Firm or You, a dispute may be submitted to mediation prior to the commencement of any adversarial case between us. Either party may request mediation in writing within ten (10) calendar days following the firm's notice of invocation of these dispute resolution procedures. If served by first class mail, a notice of a request for mediation shall be considered received by the other party three (3) calendar days after mailing. If the other party within five (5) calendar days after notice does not also agree in writing to mediate, either party may then commence any adversarial case without further delay. If the parties agree to mediate, the mediation shall be completed no later than forty-five (45) calendar days following the initial written request for mediation. In the mediation process, the parties will try to resolve their differences voluntarily with the aid of any impartial mediator, who will attempt to facilitate negotiations. The mediator will be selected by agreement of the parties. However, if the parties cannot agree on a mediator, any party may request that JAMS/Endispute designate a mediator. The mediation will be conducted as specified by the mediator and agreed upon by the parties. The parties agree to discuss their differences in good faith and to attempt, with the assistance of the mediator,to reach an amicable resolution of the dispute. The mediation will be treated as a settlement discussion. The mediation will be treated as confidential. The mediator may not testify for either party in any later proceeding relating to the dispute. No recording or transcript shall be made of the mediation proceedings. Each party will bear its own costs in the mediation. The fees and expenses of the mediator will be shared equally by the parties. If either party fails to strictly follow these mediation procedures, the other party shall be entitled to commence any adversarial proceeding without further delay. The parties may agree to submit their dispute to arbitration. In the event an adversarial proceeding is brought by either party to resolve a dispute,the prevailing party shall be entitled to recover from the other party all of its professional fees, costs and other expenses incurred throughout any proceeding before any court or arbitration panel, including all appeals. For collection purposes, we may assign Your account(s) to an entity as permitted by Florida law and the Rules Regulating The Florida Bar, and we may represent that entity in pursuing collection of Your account(s). 6349120-2 = BERGER SINGERMAN 18 Indian River County April 17,2015 Engagement of Berger Singerman LLP Page 9 of 10 BERGER SINGERMAN PRIVACY POLICY NOTICE Attorneys, like other professionals who advise on personal financial matters, are now required by a new federal law to inform their clients of their policies regarding privacy of client information. Attorneys have been and continue to be bound by professional standards of confidentiality that are even more stringent than those required by this new law. Therefore, we have always protected Your right to privacy. In the course of providing our clients with income tax, estate tax and gift tax advice, we receive significant personal financial information from our clients. As a client of Berger Singerman, we wanted to confirm with You that all information that we receive from You is held in confidence and is not released to people outside the firm, except as agreed to by You and as required under an applicable law. We retain records relating to professional services that we provide so that we are better able to assist You with Your professional needs and, in some cases, to comply with professional guidelines. In order to guard Your nonpublic personal information, we maintain physical, electronic and procedural safeguards that comply with our professional standards. If You have any questions or would like additional information about our privacy policy, please contact: Jessica Hollander Chief Operating Officer Berger Singerman LLP 350 East Las Olas Boulevard Suite 1000 Fort Lauderdale, Florida 33301 954.377.0402 jhollander@bergersingerman.com 6349120-2 = BERGER SINGERMAN 19 Indian River County April 17, 2015 Engagement of Berger Singerman LLP Page 10 of 10 Berger Singerman LLP PAYMENT OPTION FORM INFORMATION FOR WIRE TRANSFER,ACE-I CREDIT PAYMENT BANK NAME: GIBRALTAR PRIVATE BANK&TRUST BANK ADDRESS: 55 ALHAMBRA PLAZA CORAL GABLES, FL BANK ROUTING/ABA: 267090455 ACCOUNT NAME: BERGER SINGERMAN,LLP MERCHANT ACCOUNT ACCOUNT NO.: 50027964 PLEASE INCLUDE MATTER ID AND/OR INVOICE NUMBER ON THE REFERENCE THANK YOU! 6349120-2 BERGER SINGERMAN 20 Consent Agenda Item 1?( fe....o ,A INDIAN RIVER COUNTY, FLORIDA * ,,I,*, DEPARTMENT OF UTILITY SERVICES s?(ririiv�%, Date: April 30, 2015 To: Joseph A. Baird, County Administrator el From: Vincent Burke, P.E., Director of Utility Service 4$' Prepared By: Gordon Sparks, P.E., Environmental Engineer , 7.3 Arjuna Weragoda, P.E., Capital Projects Manager „63 Subject: Final Payment for Engineering Consulting Services with Schulke, Bittle & Stoddard, LLC., for Professional services for engineering design, permitting and construction services for conflict resolutions between water and sewer mains and proposed drainage on US 1 South of 11th Street SW to the County line—UCP#4096 DESCRIPTIONS AND CONDITIONS: On December 4, 2012 the Board of County Commissioners (BCC) approved Work Order No. 2 with Schulke, Bittle & Stoddard, LLC, (SBS) for design, permitting, and construction phase services to resolve conflicts between existing water and sewer facilities and proposed paving and drainage improvements by the FDOT on US 1 from 11th Street south to the County Line. A total amount of$59,500 was approved for these professional services. On January 21, 2014 Amendment No. 1 to Work Order No. 2 was approved by the BCC for $18,741.88 for additional professional services as a result of revised drainage plans submitted by the FDOT bringing the total to $78,241.88. On April 29, 2015 SBS submitted Final invoice no. 12-147-23 for$1,653.68. ANALYSIS: The project is now substantially complete and construction services are now concluded. The total amount approved for engineering services was $78,241.88. This included $5,000 for reimbursables such as mailing, plan prints, copies and mileage. The actual design, permitting and construction services totaled, $73,241.88, however, reimbursables totaled $7,148.62 or $2,148.62 above what was approved. This was due primarily to design revisions by FDOT's consultant and field changes requiring additional construction plans, copies and travel time. However, additional funding for reimbursables were not included in Amendment No. 1 and this caused the overage in the original budgeted amount. The new total amount spent on the project is $80,390.50 or$2,148.62 over what was approved. FUNDING: Funding for the project in the original amount of$78,241.88 was made available for the South to County line Relocation account in the Utilities Fund. Funds for this project are derived from the R&R fund in the operating budget. The operating fund budget is derived from water and sewer sales. Page 1 of 2 21 ACCOUNT NAME ACCOUNT NUMBER AMOUNT S. US 1 to County line relocation 47123536-044699-13502 $1,653.68 RECOMMENDATION: The staff of the Department of Utility Services considers the additional reimbursables justified and recommends that the BCC approve the new total project budget of $80,390.50. Staff also recommends that the BCC approve the Final invoice in the amount of$1,653.68 for additional reimbursables. ATTACHMENT(s): 1. Invoice No. 12-147-23 from Schulke, Bittle & Stoddard, LLC. APPROVED FOR AGENDA: By: rU�, '�/),n�� Indian River Co. Ap ed Date Jose h A. Baird, County Administrator Administration Legal ✓Fo : , / ,P�/.J Budget 5f;67//t Date Utilities e'jJ: ���/// Utilities-Finance F:\Utilities\UTILITY-Engineering\Projects-Utility Construction Permits\IRC-US 1 South from 11th Street to County Line UCP#4096\A2- Agenda for Final Pay to Schulke.doc 22 A ,r_:,s V t,.11 I APR 2 9 2015 JOSEPH W.SCHULKE,P.E. SCHULKE, BITTLE & STODDARD, L CvY:__.____�_.__.___� JODAH B.BITTLE,P.E. WILLIAM P.STODDARD,Ph.D.,P.E. CIVIL&STRUCTURAL ENGINEERING • LAND PLANNING • ENVIRONMENTAL PERMITTING April 9, 2015 12-147-23 `Gordon Sparks Indian River County Utility Department 1801 27th Street, Building A Vero Beach, FL 32960 Re: Invoice for Engineering Services IRCDUS—US 1 & Oslo to County Line Description of Services: 01/15/2015—04/08/2015 Phase I— Engineering 1.0 Preliminary Site Plan Review& Evaluation (L.S. -$4,500.00)— 100% Billed 2.0 Final Design L.S: $25,000.00 Amendment to Contract: $ 2,400.00 Total Contract Amount: ($27,400.00)— 100% Billed 3.0 Contract Administration and Construction Phase Services L.S. $25,000.00 Amendment to Contract: $16,341.88 Total Contract Amount: $41,341.88 This Pay Period: 100%completed of$41,341.88 $41,341.88 Less Previous Payments: $39,688.20 $ 1,653.68 Total Engineering: $ 1,653.68 Total Due: $ 1,653.68 Thank you for your business! S (.0 r - /3SD7-- 1717 --1717 INDIAN RIVER BLVD.,SUITE 201,VERO BEACH,FLORIDA 32960 Ta 772/770-9622 FAX 772/770-9496 EMAIL Info@sbsengineers.com Certification of Authorization No:00008668 Attachment i3 CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: May 5, 2015 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Joseph A. Baird, County Administrator Jason E. Brown, Budget Director FROM: Jennifer Hyde, Purchasing ManagQ_. SUBJECT: Approval of Award for Bid 2015038—Wet Well Rehabilitations BACKGROUND: The Department of Utility Services requested the solicitation of bids for rehabilitation of wet wells at Lift Stations #196 Sebastian Highlands LS #6 (Alexis Street), #183 Macho (10045 102nd Street) and #173 KOA (8850 North US Highway # 1). The work includes installation of corrosion resistant linings to the walls and tops of the lift station wet wells to prolong the life of the lift stations. BID RESULTS: Bid Opening Date: April 1, 2015 Advertising Date: April 22, 2015 Demandstar Broadcast to: 338 Subscribers Specifications/Plans Downloaded by: 31 Vendors Replies: 2 Vendors Firm Location Total Bid J&H Waterstop Utilities, Inc. Orange City, FL $68,100.00 Danus Utilities, Inc. New Smyrna Beach, FL $127,957.00 SOURCE OF FUNDS: Funding in the amount of $68,100 is available in the Other Equipment account in the Operating Fund, which is derived from sewer and water revenues. The budget for this project was $75,000.00. Account Number Account Description Budget Amount 471-166002 Operating Fund/Other Equipment $68,100 24 CONSENT AGENDA RECOMMENDATION: Staff recommends the Board approve award to the lowest responsive and responsible bidder J&H Waterstop Utilities, Inc. of Orange City, FL. Staff further recommends the Board approve the attached agreement and authorize the Chairman to execute it upon review and approval by the County Attorney as to form and legal sufficiency, and after receipt and approval of the required insurance by Risk Management. ATTACHMENTS: Agreement APPROVED AGENDA ITEM Indian River Co ..n•ved Dat BY: Azica chi �j ' ! ` a.4 , Admin � f 7/S Legal Joseph k Baird, County Administrator Budget Department Y'. ' / Risk at(- _/5 FOR: ,'W/5 25 Agreement 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 J&H Waterstop Utilities, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,agree as follows: ARTICLE 1 -WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Rehabilitation of Wet Wells at Lift Stations#196,#173,and#183 ARTICLE 2 -THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Wet Well Rehabilitations at Lift Stations#196, #173, and#183 Bid Number: 2015038 Project Address: #196 Sebastian Highlands#6 (Alexis Street) #183 Macho (10045 102nd Street) #173 KOA (8850 North US Highway# 1) ARTICLE 3-CONTRACT TIMES 3.01 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 specifications are of the essence of the Contract. 3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. All time limits for Milestones, if any,Substantial Completion,and completion and readiness for final payment as stated in the specifications are of the essence of the Contract. ARTICLE 4-CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.B, below: 1 26 A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount:$ 68,100.00 Written Amount: Sixty-eight thousand, one hundred dollars and zero cents ARTICLE 5 -PAYMENT PROCEDURES 5.01 Owner shall make only one payment for the entire amount of the contract when the work has been completed and approved by the Building Division. Upon a determination of satisfactory completion, the COUNTY Project Manager will authorize payment to be made. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 5.02 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 Agreement 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 this Agreement,the Invitation to Bid or the Public Construction Bond. ARTICLE 6-INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities,damages, losses and costs,including, but not limited to, reasonable attorney's fees,to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the construction contract. ARTICLE 7-CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. 2 27 D. 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. E. 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. F. 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. G. 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. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8-CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: 1. This Agreement(pages 1 to 6 , inclusive); 2. Notice to Proceed 3. Certificates of Liability Insurance 4. Addenda (numbers 1 to 1 , inclusive); 5. CONTRACTOR'S Bid Form (pages 14 to 15 of 28, inclusive); 6. Bid Bond (page 1 inclusive); 7. Bidders Questionnaire(page 13 of 28, inclusive); 3 28 8. Affidavit of Compliance (page 16 of 28); 9. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 17 to 18 of 28, inclusive); 10. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). ARTICLE 9 - MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the 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. 9.03 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. 9.04 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. 9.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian 4 29 River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 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 that ordinarily and necessarily would be required by the County in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer,at no cost,to the County all public records in possession of the Consultant upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. B. Failure of the Consultant to comply with these requirements shall be a material breach of this Agreement. 5 30 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 20 (the date the Contract is approved by the Indian River County Board of County Commissioners,which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: By: Wesley S. Davis, Chairman (Contractor) By: (CORPORATE SEAL) Joseph A. Baird, County Administrator Attest APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Address for giving notices: Jeffrey R.Smith, Clerk of Court and Comptroller License No. Attest: (Where applicable) Deputy Clerk (SEAL) Agent for service of process: Designated Representative: Name:Jerry Miller Designated Representative: Title: Lift Station Supervisor Name: 4350 41'Street Title: Vero Beach, FL 32967 Address: (772)770-5144 Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 6 31 CONSENT INDIAN RIVER COUNTY MEMORANDUM TO: Joseph Baird County Administrator FROM: Colleen Peterson Human Resources anager DATE: May 7, 2015 SUBJECT: Collective Bargaining Agreement Between Indian River County Firefighters/ Paramedics Association, Local 2201, I.A.F.F. and Indian River County Emergency Services District The Board of County Commissioners legislatively resolved the impasse over the disputed issues of a new collective bargaining agreement between IAFF Local 2201 and Indian River County Emergency Services District on March 20, 2015 (as amended on April 7, 2015). The agreement was submitted to the IAFF membership and was ratified. Attached for your consideration is the legislative-style version of the three-year agreement which is effective October 1, 2013. Staff recommends that the Board approve the agreement and authorize the Chairman to sign the finalized version of the agreement on file in the Board office. Attachment APPROVED AGENDA ITEM Qcwo BY: fj A caz,JG/ Baird, County Administrator F : May 12, 2015 Approval Date Admin. 4;414 & I/ IMOMIIMILVIIIIMMU Bud:et /MEi,,M2 Deet. IIII -IIM Risk M:mt. `M_ 32 FIRE CONTRACT COLLECTIVE BARGAINING AGREEMENT BETWEEN INDIAN RIVER COUNTY FIREFIGHTERS/PARAMEDICS ASSOCIATION, LOCAL 2201, I.A.F.F. AND INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT OCTOBER 1, 201308 - SEPTEMBER 30, 201644 33 TABLE OF CONTENTS Page ARTICLE 1 AGREEMENT I ARTICLE 2 RECOGNITION 2 ARTICLE 3 MAINTENANCE OF STANDARDS 3 ARTICLE 4 CONTRACT APPLICATION 4 ARTICLE 5 SEPARABILITY 5 ARTICLE 6 UNION ACTIVITY 6-7 ARTICLE 7 PAYROLL DEDUCTION OF DUES 8 ARTICLE 8 BULLETIN BOARDS 9 ARTICLE 9 RULES AND REGULATIONS 10-I I ARTICLE 10 MANAGEMENT RIGHTS 12-13 ARTICLE 11 NO STRIKE CLAUSE 14-15 ARTICLE 12 GRIEVANCE PROCEDURE 16-18 ARTICLE 13 ARBITRATION 19-20 ARTICLE 14 UNIFORMS AND EQUIPMENT 21-22 ARTICLE 15 SAFETY AND HEALTH 23-24 ARTICLE 16 HOURS 25-26 ARTICLE 17 STAFFING 27 ARTICLE 18 VACANCIES AND PROMOTIONS 28-31 ARTICLE 19 SHIFT EXCHANGE 32 ARTICLE 20 SUBSTITUTE EMPLOYMENT 33 i 34 TABLE OF CONTENTS (CONTINUED) Page ARTICLE 21 WORKING OUT OF CLASSIFICATION 34 ARTICLE 22 TRANSFERS 35 ARTICLE 23 PERSONNEL REDUCTION 36 ARTICLE 24 BEREAVEMENT LEAVE 37 ARTICLE 25 HOLIDAYS 38 ARTICLE 26 MEDICAL LEAVE AND DISABILITY LEAVE 39-43 ARTICLE 27 INSURANCE BENEFITS 44 ARTICLE 28 ANNUAL LEAVE 45-46 ARTICLE 29 LEAVE OF ABSENCE WITHOUT PAY 47 ARTICLE 30 OVERTIME, STANDBY AND COURT DUTY 48-51 ARTICLE 31 CALL-OUT AND PREARRANGED OVERTIME 52-53 ARTICLE 32 MILEAGE ALLOWANCE 54 ARTICLE 33 INCENTIVE PAY 55-56 ARTICLE 34 SALARIES 57-58 ARTICLE 35 DOCUMENTS 59 ARTICLE 36 EQUAL EMPLOYMENT POLICIES 60 ARTICLE 37 DURATION AND RENEWAL 61 SIGNATURE PAGE 62 ATTACHMENT A - DRUG FREE WORKPLACE 63-78 ii 35 ARTICLE 1 AGREEMENT 1.01 This agreement is entered into between the Indian River County Emergency Services District,hereinafter referred to as the Employer,the County,the Fire District,the District,the Fire Department or the Department; and the Indian River County Firefighters/Paramedics Association, Local 2201, I.A.F.F., hereinafter referred to as the bargaining unit or Union. 1.02 The parties realize that Indian River County has the responsibility of administering the Emergency Services District. 1.03 Whenever an action is required to be performed by any particular person, by virtue of that person's office, that action may be performed by a properly authorized deputy or designee. 1.04 Whenever the words "he", "him", or "his" are used the words shall be interpreted as including the words "she", "her", or"hers". 3 36 ARTICLE 2 RECOGNITION 2.01 Pursuant to Chapter 447,Florida Statutes,the County recognizes the Union as the exclusive bargaining agent for all employees of the County in the following classifications: Firefighter Trainee, Firefighter, Firefighter EMT, Driver/Engineer, Inspector, Training Officer, Fire Investigator, Lieutenant, Captain, Captain Fire-Medic, EMS Field Supervisor, Lieutenant Fire-Medic, Engineer Fire-Medic, Senior Fire-Medic, Lead Fire-Medic, Fire-Medic, Paramedic 1, Paramedic II, Captain Fire Investigator-Medic,Captain Fire Inspector-Medic, Lieutenant Fire Inspector-Medic, Fire Inspector-Medic, Fire Rescue Training & Safety Captain, EMS QA & Training Captain, Fire Captain, Fire Lieutenant, and Captain Fire Investigator. 2.02 The Union and the County reserves the right to file with P.E.R.C. for a clarification of the bargaining unit at any time. 4 37 ARTICLE 3 MAINTENANCE OF STANDARDS 3.01 The employer will not unilaterally change,except as allowed herein or by the Florida Public Employees Relations Act, employees' wages, hours, or working conditions established by this agreement or working conditions known to management which existed prior to this agreement. 3.02 Article 3.01 notwithstanding,the provisions of this Agreement and/or pre-existing working conditions,other than monetary provisions,may be temporarily suspended in response to the formal declaration of a federal, state or local emergency or natural disaster. 5 38 ARTICLE 4 CONTRACT APPLICATION 4.01 This contract and its interpretation, application, enforcement, and performance shall in all respects be governed by the laws of the State of Florida, ordinances and resolutions of the District and the Department of Emergency Services regulations. 6 39 ARTICLE 5 SEPARABILITY 5.01 The parties hereto agree that should any article, section or paragraph of this agreement be declared by a court of competent and final jurisdiction in the premises to be unlawful, invalid, ineffective or unenforceable, said article, section or paragraph shall not affect the validity and enforceability of any other article,section or paragraph hereof,and the remainder of this agreement shall remain in full force and effect. In the event any article, section or paragraph of the agreement is lawfully declared invalid, the Employer and the Union shall meet immediately to negotiate a replacement article. 7 40 ARTICLE 6 UNION ACTIVITY 6.01 The Employer and the Union acknowledge that the right of employees to work shall not be deprived or abridged on account of membership, non-membership, participation, or non- participation in any Union or organization. 6.02 The Union President or Secretary, or alternate shall be allowed up to three (3)weeks' time off to attend a union seminar, conference or convention. The time off shall be without pay and shall be considered leave of absence unless a standby arrangement has been provided. 6.03 The Fair Chairman or designee shall be allowed up to fourteen (14)calendar days off during the Fire Fighters' County Fair. Such time off shall be authorized at the discretion of the Emergency Services Director FiFe-Gh4ef. The time off shall be without pay and shall be considered leave of absence unless a standby arrangement has been provided. Such leave will be considered as time worked for the purpose of seniority accrual and other fringe benefits. 6.04 Up to three (3) members of the Union's Negotiations Team shall be allowed time off with pay,but without overtime, for all scheduled bargaining meetings between the Union and the Employer. The Union President will advise the County ofthe designated negotiating team by February 1 of the year the contract expires. Such time off will only be allowed when working hours of the Employee conflict with bargaining unit negotiations. The three members of the Union's Negotiations Team who were allowed time off with pay shall return to duty immediately upon the conclusion of all bargaining meetings. 6.05 By mutual agreement of the Employer and the Union, there is hereby established a Joint Labor-Management Committee, which shall consist of not more than two (2) members designated by the Union and two (2) members designated by the Emergency Services Director Fire Chief. The Union Committee membership shall consist of persons from within the position classification covered by this agreement, and the management 8 41 membership shall consist of persons within the Department,but outside the bargaining unit as herein defined. Nothing herein requires-the attendance of the Director of Emergency Services or the Union President at any Labor-Management Committee meeting. 6.06 This Labor-Management Committee shall meet if mutually agreed to by both parties, and such meetings may be held during working hours as scheduled by the Emergency Services Director Fief. 6.07 The purpose of these meetings will be to discuss the problems and objectives of mutual concern, but in no way shall involve specific grievances filed or contemplated or matters which have been the subject of current collective bargaining issues between the parties. 6.08 An agenda, listing the items for discussion,will be forwarded by the party requesting such meeting to the other party no later than three (3) days prior to the meeting. 9 42 ARTICLE 7 PAYROLL DEDUCTION OF DUES 7.01 The Employer agrees to deduct the prescribed dues and assessments from earnings of those employees who have signed individual notarized authorization cards for deduction of said dues and assessments. Said authorization cards shall be periodically certified to be current by the Union. The Employer shall remit said collections monthly to the duly designated officer of the Union. 7.02 The Union shall indemnify, exonerate, and save harmless the Employer from any claims and/or judgments against the Employer and/or Union based upon any check-off of union dues, fees,or assessments. The Employer shall give written notice to the Union by registered mail addressed to the President of the local of any claim, action, suit,or proceeding brought by an employee,person,firm, or corporation against the Employer based in whole or in part on any check-off of union dues, fees or assessments. The Union shall defend the said claim, action,suit,or proceeding at its own cost and without expense to the Employer,even if such claim, suit, action, or proceeding is false, groundless, or fraudulent. 7.03 An employee transferred to a classification not in the bargaining unit,or whose employment is terminated, shall cease to be subject to check-off deduction beginning with the month in which such change in employee status occurs. 7.04 The Employer shall not be required to collect union dues in arrears. Any change in dues made by the Union will become effective after a thirty(30)day written notice by the Union to the Employer. 7.05 The Employer shall have the right to withhold any or all amounts collected under this article of the contract to satisfy any amounts owing to the Employer by the Union for violation of this agreement,as determined by a court,arbitrator,or other entity of competent jurisdiction. 10 43 ARTICLE 8 BULLETIN BOARDS 8.01 The Union may have a bulletin board in each Emergency Services station for the posting of notices. 8.02 All materials placed upon the bulletin board by the Union will be on official IAFF letterhead and signed by the Union President or his designee. The Emergency Services Director or his designee shall be furnished with a copy of any material to be posted prior to posting. 8.03 Under no circumstances shall the Union post any notice containing material of a political nature or material tending to directly or indirectly disparage or demean the County or any of its elected or appointed officials or employees. 8.04 Material placed upon the bulletin board which fails to comply with,or violates,the foregoing may be immediately removed by the County,and the employee who placed the material may be subject to disciplinary action. 11 44 ARTICLE 9 RULES AND REGULATIONS 9.01 Employees shall observe the District Personnel Rules and Regulations and Standard Operating Procedures and amendments thereto, except that the disciplinary action appeals procedures contained in Sections 18.04 C(2)-(4)and 18.05,third paragraph forward,of the District Personnel Rules and Regulations shall not apply to bargaining unit employees. Failure of employees to comply with these rules and procedures may result in disciplinary actions pursuant to the above cited rules and regulations. 9.02 The Employer has the right to reprimand, discharge or otherwise discipline employees for just cause. 9.03 Should the Employer exercise its right to amend or modify the Department Personnel Rules and Regulations or Standard Operating Procedures, a courtesy copy of any such new (or amended) rule, regulation, policy, or procedure shall be mailed or delivered to the Union at least ten (10) business days prior to implementation. Nothing herein shall restrict the Employer from implementing any new (or amended) rule, regulation, policy, or procedure prior to the expiration of ten(10)business days if operational necessity requires such earlier implementation. The union shall have the right to bargain over the negotiable impacts of the exercise of the employer's rights prior to implementation in accordance with applicable law. 9.04 It shall be the Employer's and Union's duty to see that all bargaining unit members are issued a current set of the applicable Rules and Regulations and Standard Operating Procedures and future amendments. Copies of additional sets will be at the expense of the employee requesting them. 9.05 Bargaining unit employees shall immediately notify the Emergency Services Director when an information has been filed by a prosecuting official against him/her, when indicted by a Grand Jury, or when arrested, for any offense or violation of law. The Emergency Services Director shall determine if it is in the best interests of the County to: 12 45 1) Retain the employee in his/her regular position; and/or 2) Assign the employee to other duties or another position until such time as any charges are disposed of by trial, acquittal, dismissal, conviction, or other judicial action; and/or 3) Place the employee on leave without pay until such time as any charges are disposed of by trial,acquittal,dismissal, conviction,or other judicial action; and/or 4) Initiate disciplinary action up to and including termination. In the event that the employee is retained pending the resolution of the charges, and pleads nolo contendere or guilty, or is found guilty of any job related offense or any offense that would adversely impact the County or the employment status of the employee, or which would cause the County to be held in disrepute, the employee shall be terminated from employment. In the event that the employee is retained pending the resolution of the charges and is acquitted of all charges, or the indictment is dismissed for insufficient evidence, the Emergency Services Director shall retain the option to initiate or continue an investigation of possible administrative violations in accordance with established policy or practice. The initiation or continuation of an investigation and disciplinary process under this paragraph shall be limited to any conduct related to the criminal case that is either not charged or dismissed pursuant to plea agreement. 13 46 ARTICLE 10 MANAGEMENT RIGHTS 10.1 Except as specifically restricted by the provisions of this Agreement,the County reserves and retains all rights,powers,prerogatives and authority customarily exercised by Management. 10.2 Except as specifically restricted by the provisions of this Agreement,the County has the sole and exclusive right to manage and direct any and all of its operations. Accordingly, the County specifically, but not by way of limitation, reserves the sole and exclusive right to: A. Exercise complete and unhampered control to manage, direct, and totally supervise all employees of the County; B. Decide the scope of service to be performed,the method of service, and the assignment of work; C. Determine the size and composition of the workforce; D. Determine the services to be provided to the public, and the maintenance procedures,materials,facilities,and equipment to be used,and introduce new or improved services, maintenance procedures, materials, facilities, and equipment; E. Hire and/or otherwise determine the criteria and standards of selection for employment; F. Determine the number, classification, grade, and types of positions; G. Fire,demote,suspend,or otherwise discipline bargaining unit employees;set minimum performance standards for service to be offered to the public,and set procedures and standards to evaluate the employees'job performance; H. Change,modify or alter the composition and size of the workforce,including the right to relieve employees from duty due to lack of work or lack of funding or any other business and/or operational reason, and recall employees; I. Determine the allocation and content of job classifications (including qualifications and certifications)and determine all training parameters for all bargaining unit positions, including persons to be trained and extent and frequency of training; 14 47 J. Determine whether and to what extent the work required in its operation shall be performed by employees covered hereunder; K. Modify operations, duties, tasks, and/or responsibilities, temporarily or permanently,in whole or in part,due to operational requirements;determine the number, location, and operation of all divisions and all other organizational units; L. Establish, amend, revise and implement any program, policy and/or procedure, provided that such are not contrary to applicable law; M. Merge, consolidate, expand, curtail, transfer, or discontinue operations, temporarily or permanently, in whole or in part, whenever in the County's discretion business and/or operational reasons make such curtailment or discontinuance advisable; N. Contract and/or subcontract any existing or future work; 0. Create, expand, reduce, alter, combine, assign, or cease any job; P. Control the use of equipment and property of the County and determine the number and classification of employees assigned to any shift,station,or piece of equipment; Q. Exercise such other management rights as set forth in Chapter 447, Florida Statutes, and/or as determined by the state or local Public Employees Relations Commission or the courts. 10.3 The above rights of the County are not all-inclusive but indicate the type of matters or rights which belong to and are inherent in the County in its general capacity as management. Any of the rights,powers,and authority that the County had prior to entering into this Collective Bargaining Agreement are retained by the County unless otherwise restricted by a specific provision of this Agreement. If the County fails to exercise any one or more of the above functions from time to time, this will not be deemed a waiver of the County's right to exercise any or all of such functions. Past practices of the District or Department relating to operations shall not be considered for the purpose of the specific and express limitations on management which are contained in this Agreement. 10.4 Nothing herein shall be deemed a waiver of the Union's right to impact bargain if, and to the extent, such right exists under applicable law. 15 48 Contract for Ratification ARTICLE 11 NO STRIKE CLAUSE 11.01 The Union agrees that there shall be no strike or strikes, slowdowns, or work stoppage, picketing in furtherance of any work stoppage,any cessation of work of any kind or degree, curtailment of work, or restriction of performance of duties, or any other interference or stoppage, total or partial, for any reason, which may include but not be limited to alleged violations of this agreement by the Employer. The Union will not authorize, approve, finance, aid, or condone any strike, work stoppage or picketing in furtherance of any work stoppage, by its members or employees it represents on employer or customer facilities or premises in respect to any controversy, disputes or grievances, and the Union will take immediate steps to end any work stoppages, strikes, slowdowns, or suspensions of work. 11.02 This article shall apply whether the particular matter arises from or outside of this contract. The application of the article shall not be governed or condoned either in whole or in part with the basis of the strike,work stoppage,slowdown,etc.or whether it may be arbitrated or not. 11.03 In case of violation of this article by an employee acting in the Union's behalf,the Employer shall have the right to: A. Discharge not only the instigators of the strike,but the participants as well,or any of them,at the discretion of the Employer. Allowing employees to work or return to work shall not be considered condonation of their activity in violation of the article. B. Refuse to bargain until the violation(s) cease. C. Obtain an injunction in the State Court restraining the employees and/or the Union from striking and work stoppage,picketing in furtherance of any work stoppage, or any other violation of this article without removal of the complaint to Federal Court; or 16 49 Contract for Ratification D. Hold the Union liable for damages resulting here from,including the costs of suits, attorney's fees for litigation and negotiations, settlements, security costs, and other costs directly or indirectly attributable to such violation as determined by the P.E.R.C., Circuit or District Court, in determining the amount of damages to be awarded, if any, the Commission or trier of fact shall take into consideration any action or inaction by the public employer that provoked or tended to provoke the strike by the public employees. 11.04 It is further agreed that the providing of fire protection services by the Employer is extremely vital to the health,welfare,and safety of the citizens of the District and any interference with such services is in violation of this article and would constitute a threat of imminent danger to said citizens and possible irreparable harm. The parties agree that should the Union, its members,persons acting in the Union's behalf,agents,employees,representatives,or officers acting in the Union's behalf violate this article not to strike, which would also violate the Constitution of the State of Florida and the Florida Statutes, or picket in furtherance of a work stoppage or violate this clause in any other manner, and said action would cause the District irreparable injury or damage,and the Employer shall have the right to seek injunctive relief pursuant to Chapter 447, Florida Statutes. 11.05 Employees who refuse to perform the regular duties of their job because of strike,boycott,or picket line in furtherance of any work stoppage, upon the Employer's premises, or at any other place, shall be in violation of this article and subject to layoff or discharge at the discretion of the Employer. Such action shall be a violation of this article, regardless of which labor organization is conducting the strike,work stoppage,picketing or labor dispute. 17 50 Contract for Ratification ARTICLE 12 GRIEVANCE GRIEVANCE PROCEDURE 12.01 A"grievance"is a claimed violation of this agreement,including but not limited to the claim that a discharge or other disciplinary action violated a specific provision of this agreement. No grievance will or need be entertained or processed unless presented in the manner described herein, and unless filed in a manner provided herein within the time limit prescribed herein. A grievance may be filed by a bargaining unit employee or by the union. In either case, the procedure to be followed will be the same. Grievances regarding disciplinary actions shall be initially filed at Step 2. The grievant and management may mutually agree to waive any step. 12.02 Rules of Grievance Processing—It is agreed that: A. The time limit at any stage of the grievance procedure may be extended by written mutual agreement of the parties involved in that step. B. A grievance presented at Step 1 and above shall be dated and signed by the grievant. A decision rendered shall be written to the grievant,with a copy to the union if it is not the grievant, and shall be dated and signed by the County's representative at that step. C. When a written grievance is presented, the County's representative shall return a dated and signed copy of it at that particular step. D. A grievance not advanced to the higher step within the time limit provided herein shall be deemed permanently withdrawn and as having been settled on the basis of the County's decision most recently given. Failure on the part of 18 51 Contract for Ratification the County's representative to answer within the time limit set forth in any step will entitle the grievant to proceed to the next step. E. A written grievance must set forth the following: 1. A complete statement of the grievance and the facts upon which it is based; 2. The section or sections of this agreement claimed to have been violated; and 3. The remedy or correction requested. F. The Union will be notified of any grievances filed by its bargaining unit employees. In the settlement of any grievance resulting in retroactive adjustment,such adjustment shall be limited to 180 calendar days prior to the date of the filing of the grievance. Bargaining unit employees cannot use the District's or County's grievance or appeal procedures for any claims falling within the definition of a grievance herein. STEPS FOR GRIEVANCE PROCESSING If a grievance arises,the grievant must meet with and discuss the grievance with the Battalion Chief in charge of the shift within ten working days of the event giving rise to the grievance. If the grievant does not have a Battalion Chief,then the grievant is to proceed to Step 1. If the grievant does not have an Assistant Chief,then the grievant is to proceed to Step 2 within 10 working days of the event giving rise to the grievance. In the event the issue in dispute cannot be resolved between the supervisor and the grievant,the grievance shall be presented in writing by the grievant at Step 1 (or applicable Step as outlined above)of the grievance procedure within five working days from the date of the supervisory meeting. Such written grievance must indicate that the matter had been reviewed with the immediate supervisor. Step 1: The grievant shall present the written grievance to the Assistant Chief. The Assistant Chief shall meet with the grievant, which a union steward or a union representative may 19 52 Contract for Ratification accompany if the union is not the grievant. The Assistant Chief shall reach a decision and communicate it in writing to the grievant with a copy to the union if it is not the grievant within ten working days from the date the grievance was presented to him. lfthe grievance is not satisfactorily resolved,the grievant may forward the grievance to Step 2. Step 2: The grievant shall present the written grievance within five working days from the date of the decision at Step l to the Emergency Services Director. The Emergency Services Director shall meet with the grievant,which a union steward or a union representative may accompany if the union is not the grievant. The Emergency Services Director shall reach a decision and communicate it in writing to the grievant with a copy to the union if it is not the grievant within ten working days from the date the grievance was presented to him. If the grievance is not satisfactorily resolved,the grievant may forward the grievance to Step 3. Step 3: The grievant shall present the written grievance within five working days from the date of the decision at Step 2 to the County Administrator or his designee. The County Administrator(or his designee who is authorized to resolve the issue)shall meet with the grievant,which a union steward or a union representative may accompany if the union is not the grievant. The County Administrator shall reach a decision and communicate it in writing to the grievant with a copy to the union if it is not the grievant within ten working days from the date the grievance was presented to him. If the grievance is not satisfactorily resolved, the grievant Union and only the Union except as provided by law may forward the grievance to arbitration. 20 53 Contract for Ratification ARTICLE 13 ARBITRATION 13.01 In the event that the grievance is not settled at Step 3 within the time allowed, it may then be submitted to arbitration. Submission to arbitration must be made within ten days of the time that the Step 3 decision was rendered;provided,however,this period may be extended upon the mutual agreement of both parties. If the parties fail to agree to the appointment of an arbitrator, the party requesting arbitration shall apply to the Federal Mediation and Conciliation Service for a list of seven arbitrators who reside in Florida. The party requesting arbitration shall strike the first name from the list,and the parties shall thereafter alternate in the striking of names. The party requesting arbitration shall notify the last remaining person on the list of his/her selection as the arbitrator in the case. Hearings before the arbitrator shall be conducted in accordance with the rules of the Federal Mediation and Conciliation Service. Testimony shall be given under oath. 13.02 As promptly as possible after the arbitrator has been selected,the arbitrator shall conduct a hearing between the parties and consider the grievance. The decision of the arbitrator will be served upon the union and the County in writing. It shall be the obligation of the arbitrator to make a best effort to rule within 30 calendar days after the hearing and receipt of post- hearing briefs. The expenses of the arbitration, including the fee and expense of the arbitrator, shall be paid by the losing party. Any party desiring a transcript of the hearing shall bear the cost of such transcript unless the parties mutually agree to share the cost. Each party shall bear the expense of its own witnesses and of its own representatives for purposes of the arbitration hearing. The arbitrator's decision shall be final and binding on the parties subject to any review allowed by law. 13.03 The arbitrator will be confined to the written grievance presented in Step 1 of the procedure. Additionally the arbitrator shall have no authority to change,amend,add to,subtract from,or otherwise alter or supplement this agreement. The arbitrator shall have no authority to consider or rule upon any matter which is not subject to arbitration or which is not a 21 54 Contract for Ratification grievance as defined in this agreement; and may not interpret this agreement in a manner inconsistent with the County's management rights. This Agreement may not be construed by the arbitrator to supersede applicable state or federal laws,except to the extent as specifically provided herein. 13.04 The arbitrator may not issue declaratory opinions and shall be confined exclusively to the question that is presented, which question must be actual and existing. In any arbitration decision resulting in a retroactive adjustment, such adjustment shall be limited to ten calendar days prior to the date of the filing of the grievance. In any arbitration decision resulting in back pay to an aggrieved employee, such back pay shall be offset by interim earnings, including unemployment compensation. 13.05 The Union and only the Union shall have the exclusive right to proceed to arbitration on behalf of the bargaining unit members. 22 55 Contract for Ratification ARTICLE 14 UNIFORMS AND EQUIPMENT 14.01 The Employer will allot allocate sufficient funds to provide an initial allotment,and replacement in accordance with Article 14.02,for trousers(style to be determined by management), shirts, t-shirts, short-sleeve and long-sleeve polo shirts, shoes, hats, , ittileak , inter ac , job shirts, jumpsuits, cap, badge and name plate. The Employer also will provide protective clothing and devices; bunker coat and bunker pants made ofNomex or similar material,boots,helmets,shatter-resistant face shield, gloves,safety glasses for welding and metal cutting,and any other safety equipment deemed necessary by management. 14.02 Uniforms and protective clothing shall be worn, and devices used, in accordance with District rules and this Agreement. The aforementioned items shall be replaced upon being lost,or becoming worn or damaged as determined by management. All items to be replaced must be returned to the Department before new items will be issued. Employees shall be responsible for the replacement cost for any lost items, or items damaged through the employee's negligence. Whenever practical, replacement will be made on the said employee's scheduled shift. 14.03 The Employer, upon request, will provide bed linens, consisting of pillow cases, fitted sheets and flat sheets. Such linens shall be replaced on an annual basis. 14.034 For Fire/Rescue personnel, the following station/work uniform policy will apply: A. Class A B dress shirts will be worn when relieving personnel at the stations as well as any planned out-of-station activity,i.e.,in-service inspections, public assembly, running errands, or when station tours are scheduled. 23 56 Contract for Ratification B. Light gray polo shirts (poly/cotton blend) will be worn around the station during vehicle and equipment checks, in-station projects, cleaning, and also on emergency calls that arise during the duty day. C. Department T-shirts will be worn during any physical fitness training or training requiring physical exertion. D. When necessary,the station officer will have the discretion to alter the application of Sections A,B, and C above for unusual circumstances or occasion,and only for the duration of such circumstances or occasion. 14.046 The District agrees to reimburse the full cost for eye glasses and contact lenses not to exceed Two Hundred Dollars($200.00)and up to One Hundred Dollars($100.00)for wrist watches, damaged in the line of duty,provided that the damage was not caused by negligence,and that adequate proof of such damage, the circumstances of the event, and proof of original purchase price are presented to the appropriate supervisor and approved by the Emergency Services Director Fife-Chief. 14.056 The Employer shall provide and maintain a heavy-duty washer for the purpose of laundering turnout gear at three six stations. 24 57 Contract for Ratification ARTICLE 15 SAFETY AND HEALTH 15.01 The County and the Union agree to cooperate to the fullest extent in the promotion of safe work practices as outlined by policies and procedures set forth by the Indian River County Administration and the Emergency Services Personnel Rules and Regulations. 15.02 The County agrees to provide safety equipment.The County agrees to continue maintaining maintenance logs and other records and to perform tests to ensure that presently used vehicles are operationally safe. 15.03 A workplace safety committee comprising of twe three Union representatives and two three County representatives will meet quarterly and conduct its affairs in accordance with Florida Statute 633.810, its implementing regulations, and/or any amendments. The workplace safety committee may also meet upon mutual agreement or in the event of an employee death or injury in the line of duty. Nothing in this article shall preclude the County's Human Resources Director, Risk Manager or designees from attending the Safety Committee meetings. 15.04 The County agrees to comply with Section 112.18, Florida Statutes (Special provisions relative to disability) and Section 112.181, Florida Statutes (1997) (special provisions relative to certain communicable diseases) and 29 CFR 1910.134 (OSHA standard for SCBA mask fit testing). 15.05 The Union and the County agree to the concept of a smoke-free fire service,as supported by the Professional Firefighters of Florida. Towards that end there shall be no smoking or use of tobacco products allowed in any area of the fire stations and/or vehicles. Additionally,all bargaining unit employees hired after October 1, 2000, shall abstain, both on and off duty, from the use of tobacco products. 25 58 Contract for Ratification 15.06 The Employer and the Union agree to adhere to the Emergency Medical Services protocol as set forth by the medical director. 15.07 The County shall provide immunizations for all employees who waa4 request to be immunized at the approval of the Medical Director and Emergency Services Director as follows: Tetanus(every ten(10)years), and Hepatitis-(Type A and B)(every five(5) years). •• •• . •• - • • • •• • • , • • •• . The County shall provide testing for tuberculosis each year, and Hepatitis C once as a baseline and after each potential exposure. 15.08 The Employer agrees to provide as a minimum an annual physical for each employee. This physical shall include the same testing as is done for newly-hired employees, except that chest x-rays need not be given more than every three (3) years. The results of the physical shall be provided to the employee, Medical Director, Emergency Services Director or his designee, Assistant Chief, and Human Resources Director, but shall otherwise be confidential to the extent permitted by law. 15.09 The County and the Union agree to the Drug-Free Workplace Program attached as Attachment A. 26 59 Contract for Ratification ARTICLE 16 HOURS 16.01 A. Non-shift employees shall normally be assigned to a 37 '/2 hour work week and shall be paid time-and-one-half for all hours worked in excess of 40 hours in their work week. Shift employees shall be assigned to a schedule of 24 hours on duty followed by 48 hours off duty, and shall be paid time-and- one-half for all hours worked in excess of 212 hours in their 28-day FLSA work period. Overtime shall be calculated in accordance with current practice. B. Non-fire certified ALS shift employees shall be assigned to a schedule of 24 hours on duty followed by 48 hours off duty,and shall be paid time and one half for all hours worked in excess of 40 hours in their 7 day work period. C. As non-firefighter certified ALS employees become firefighter certified,they will be placed on the 28-day FLSA work period in accordance with 16.01 A. and their pay will be converted to the appropriate pay scale in Article 34, effective the first day of the next 28-day cycle. If the employee starts working as a dual certified employee prior to the next 28-day cycle,then the County will pay them$25. Additionally,those employees will be eligible for "Kelly Days"as outlined in 16.02. The Kelly Day may be authorized during the cycle at the time of promotion at the discretion of management. If the Department is unable to authorize the Kelly day,the employee will receive 12 hours of leave placed in their vacation bank. 16.02 All FLSA 207(k)exempt shift employees will be granted three(3)"Kelly Days"to be scheduled in such a way that one(1)"Kelly Day"is allowed each four(4)months of the fiscal year. Such time off shall be scheduled. Employees on light duty,while assigned to an administrative shift(i.e.,37.5 hours,Monday-Friday),shall not 27 6 Contract for Ratification be permitted to reschedule their Kelly Days except when it falls on Saturday or Sunday,in which case it will be taken on the next scheduled work day. 16.03 Overtime payment shall be made in the first paycheck after the conclusion of the 28- day cycle for shift employees. 16.04 The parties recognize that the employees covered by this agreement are essential to the successful operations of County facilities and services during a declared emergency. As such, the parties agree that as a condition of these employees' employment with Indian River County,they must be available and able to report to work and perform assigned duties as directed by management during a declared emergency. The failure to report to work and/or perform assigned duties as directed by management during a declared emergency will be cause for termination of employment with Indian River County. The Emergency Services Director or his designee may allow exceptions to this requirement for extraordinary circumstances at his discretion. 16.05 The County shall indemnify,exonerate,and save harmless the Union from any claims and/or judgments against the Employer and/or Union based upon the application of the FLSA 207(k)exemption. The Employer shall give written notice to the Union by registered mail addressed to the President of the local of any claim, action, suit, or proceeding brought by an employee, person, firm, or corporation against the Employer based in whole or in part based upon the application of the FLSA 207(k) exemption. The County shall defend the said claim, action, suit, or proceeding against the County or against the Union at its own cost and without expense to the Union. 28 61 Contract for Ratification ARTICLE 17 STAFFING 17.01 The Employer will maintain what it determines to be a safe and effective number of personnel at each station and sub-station during each shift. The Employer agrees with the Union that having three firefighters on an engine would be preferable to having two firefighters on an engine. The Employer will consider this fact when setting staffing levels. The Employer also agrees that no station will be reduced to under what it determines to be minimum staffing for more than four(4) hours per shift. 17.02 • - • • • , • . . • • • • • ••• . The County may allow eight(8) employees off on approved leave per shift. Approved leave shall be defined as Annual Leave,PT day (if any),or Kelly days. Up to two of the eight employees granted leave may be on Kelly days per shift. Kelly days shall be selected first. Any additional employee leave may be granted only with special approval of the Emergency Services Director ref. • • • _• . . •• •, ; • . • •, ; • • 29 6; Contract for Ratification ARTICLE 18 VACANCIES AND PROMOTIONS 18.01 The decision whether or not to fill a bargaining unit vacancy shall be within the sole discretion of the Emergency Services Director. Should the Director decide to fill the vacancy,the filling of the vacancy shall be in accordance with the District Personnel Rules and Regulations, except as modified herein. 18.02 Promotional examinations for bargaining unit positions shall be held during the month of September. 18.033 The Promotion Board shall be composed of the Assistant Chief,three(3) Battalion Chiefs, three(3)Captains, and one(1)member of the Union or his designee who will be elected by the bargaining unit. The Promotion Board shall rank all of the candidates,and shall forward the top-three entire list of ranked candidates to the Emergency Services Director. The rankings shall be determined based upon a point system formulated in Article/Section 18.0:8 and 18.089. The Emergency Services Director shall select from the top three candidates the individual he believes, in his discretion, is most qualified for the position. Once the selection is made,the list shall automatically reset to advance the next highest-ranked candidate to the top three. In the event there are fewer than three employees on the promotional list,or the list is exhausted,the Emergency Services Director shall have the authority to appoint an employee who is not on the promotional list that the Emergency Services Director believes,in his discretion,is most qualified for the position;provided that the employee selected must be qualified to work out-of-classification for the position. In appointing an employee who is not on the list, the Emergency Services Director shall consider the employee's iob performance, disciplinary actions, college degrees,additional training courses,certifications,leadership,attitude,attendance,and seniority. No appointed employee shall be forced to accept a promotion. 30 62 Contract for Ratification 18.0x4 Each employee covered hereunder shall annually receive a written evaluation assessing his performance of the essential functions of the employee's job. The appraisal form shall be developed by the Employer and with input from the Union. 18.045 Newly hired employees shall serve an initial probationary period of one year. Newly hired probationary employees may be dismissed at any time at the discretion of the County and are not entitled to use the grievance/arbitration procedures relating to their discipline or discharge, and are not entitled to payments of sick leave or vacation leave at time of termination. 18.066 Employees who are promoted shall serve a promotion trial period of six months. If an employee who is serving a trial period incurred as a result of a promotion is found to be unqualified to perform the duties of the higher position, a good faith effort will be made to return the employee to the position and status held immediately prior to the promotion. If the employee's former position is filled,the employee may be transferred to a vacant position for which the employee qualifies. If no vacancy exists for which the employee is qualified,the employee will be placed in a lay-off status with recall rights. 18.067 Upon successful completion of their trial period,Fire Inspectors who have at least 5 years of experience with Indian River County Emergency Services will be promoted to Lieutenant Fire Inspector. 18.078The following promotional process shall be followed: RAW SCORES: EXAM SCORES TOTAL SCORE (300 Points max) Multiple choice written test 100 Points max Practical scenario test 200 Points max TOTAL MAXIMUM RAW SCORE 300 Points 31 64 Contract for Ratification •• . . . . .. • . . • • . . •• • • . !0 . _ The written test will be 100 multiple choice questions scored at l point each. The exam will be taken from job specific areas for each rank. Maximum score for written exam is 100 points. An employee who does not score a 70%(or greater)on the written exam will not be eligible to take the practical scenario test and will not be considered for the promotion. Additionally,an employee that does not score a 70% (or greater) will be excluded from working out of rank until the employee completes remedial training and is approved by the Emergency Services Director or his designee. For Officers, the practical test will be comprised of scenario based situations that will test the applicant's oral and reasoning skills, as well as their incident management capability. For Driver/Engineers,the practical test will be comprised of two scenario based situations(driving and pumping)that will test the applicant's oral and reasoning skills,as well as their incident management capability. As in the past, they will need to recall and verbalize their instructions based on the SOP's, meeting prescribed benchmarks, as well as using their common sense and job experience. Outside evaluators from other Fire Departments will evaluate and grade each applicant unless otherwise agreed upon. Maximum score for the practical test is 200 points. An employee who does not score a 70% (or greater) on any portion of the practical test will not be considered for the promotion. Additionally, an employee that does not score a 70%(or greater)on any portion of the practical test will be excluded from working out of rank until the employee successfully completes remedial training and is approved by the Emergency Services Director or his designee. 18.089—Once the top 3 candidates are determined based upon their raw scores(written and practical scenario test),the Promotional Board will issue additional points based upon departmental service as outlined below. Additionally, the Promotional Board will consider the following factors: job performance evaluations, disciplinary actions, working out of classification, college degrees, additional training courses, and certifications in ranking the top 3 candidates. The Educational Committee Promotion Board will review the college degrees, additional training courses, and certifications to determine whether consideration will be given. Additionally, the Emergency Services Director reserves the right to interview the top 3 candidates. NOTE: Ties based upon raw scores will be broken by applying years of service points for Driver/Engineer promotions and by years of service and years of rank points for Officer promotions. In the event there is still a tie, the Promotional Board will consider the resumes of the tied employees. DEPARTMENTAL SERVICE (25/50 Points max) Total years of service completed;credit is 1 point per full year. Total years in rank completed;credit is 1 point per full year. For promotion from Firefighter to Driver/Engineer, only total years of service points will be credited. For promotion from Driver/Engineer to Lieutenant,additional years 32 65 Contract for Ratification in rank points will be credited for time in Driver/Engineer rank. For promotion from Lieutenant to Captain,additional years in rank points will be credited for time served as a Lieutenant. Maximum score for Service is 25 points for Driver/Engineer promotional testing and 50 points for Officer promotional testing. OTHER FACTORS TO BE CONSIDERED BY THE PROMOTION BOARD—NO POINT VALUES GIVEN: COLLEGE DEGREES BS OR BA department related AS OR AA department related BS OR BA in non-department related AS OR AA in non-department related CERTIFICATIONS An approved and accredited department related certification requires an examination or review to obtain. Certifications that will automatically be approved will be listed by the Training Division. Any additional certifications may be approved or rejected by the educational committee in the future,and added or subtracted from the list as necessary. EDUCATIONAL COURSES Any documented courses given by colleges, Fire/EMS or public safety agencies, or private companies that are job related and approved by the promotional board . the tiebrea1,ervoto All employees shall have a folder created in their training file to maintain the documentation of each employee's education. The educational committee Training Division shall review all education courses/certifications to be used for consideration before the promotional board meets. It is the responsibility of each employee to present current educational documents for their resume. If the documentation is not there, it shall not be considered. 33 66 Contract for Ratification ARTICLE 19 SHIFT EXCHANGE 19.01 Effective the beginning of the first pay period after Union ratification and County approval of this Agreement,Remployees may exchange shifts up to a maximum of twelve (12)shifts or partial shifts of four(4) hours or more and six(6) partial shifts less than four(4)hours each fiscal year when the change does not interfere with the operations ofthe Fire Department, and when prior approval is granted at the discretion of the Emergency Services Director or his designee . Each shift or partial shift exchange shall be considered an occurrence. Shift or partial shift exchanges are limited to no more than 3 occurrences consecutively regardless of the fiscal year they would occur. Any leave contemplated under this Agreement taken between shift exchanges shall be considered an occurrence towards the 3 consecutive limit,but not towards the fiscal year total, under this section. Chit forms or any other method authorized by the Emergency Services Director shall be used for this purpose. 19.01.1 The Emergency Services Director may provide a carve out for education. 19.01.2 The Firefighter Fair Chairman may assign up to seventy (70) full or partial standby arrangements 19.01.3 The Union President may assign up to seventy (70) full or partial standby arrangements. . . . • • . . . .. .. 19.02 The exchanging employees shall both be of equal classification, including solo paramedic per section 33.10,and out-of-rank eligible. Deviations from this provision may only be approved by the Emergency Services Director or his designee in his sole discretion. Any such approval shall be on a case by case basis and shall not establish a past practice when considering future requests. 34 67 Contract for Ratification 19.03 The submitted request for a shift exchange shall indicate the shift date that each employee will work for each other,and the dates shall be within the same fiscal year unless a longer period is approved by the Emergency Services Director or his designee. Failure to provide this information will result in the shift exchange being immediately disqualified for consideration. 19.04 An employee who fails to work the shift exchange as indicated on the submitted request shall be disqualified from consideration for future shift exchanges for a period of 12 months unless the circumstances for not working meet the approval of the Emergency Services Director. 19.025 Sick leave will be charged to the employee who agreed to work the shift if the employee who agreed to work the shift calls in sick. 68 Contract for Ratification ARTICLE 20 SUBSTITUTE EMPLOYMENT 20.01 The Employer agrees not to use,assign or detail members of the bargaining unit as substitute employees to perform non-firefighting duties except where lives or property are in imminent danger. 20.02 Furthermore, the Employer agrees to use members of the Vero Beach Volunteer Fire Department as supplements to the Department only and will not replace a professional firefighter with a volunteer firefighter. 20.03 Bargaining unit employees shall inform the Emergency Services Director, in writing,of any outside employment. Outside employment which interferes,or is incompatible,with County employment may be denied. No outside employment shall be performed less than eight(8) hours prior to the start of an employee's assigned shift. 69 Contract for Ratification ARTICLE 21 WORKING OUT OF CLASSIFICATION 21.01 An employee required to work temporarily at a rank higher shall receive $30.00 per day ($60.00 per shift)for the period of time the employee actually works(excluding any periods of leave) worked out of classification. To qualify for temporary relief pay, the employee must work in a higher classification for a minimum of eleven(11)consecutive hours. On- duty qualified employees whose name appears on the eligibility list (where one exists) for promotion to the next rank shall be chosen first to work out of classification. Employees having completed six (6) months of their promotional trial period may work out of classification if qualified by the Training Department. 21.02 Employees will be required to work out of classification if qualified when directed by the department. 70 Contract for Ratification ARTICLE 22 TRANSFERS 22.01 Employees may be allowed, at Departments discretion, to transfer between combat, fire prevention, and training, rank to rank, if a vacancy exists, provided the employee has the minimum qualifications for the position. In such a case, the employee shall be paid at the same pay step in the day shift pay plan commensurate with the position to which the employee has been transferred. 22.02 Bargaining unit employees may be transferred, at the Department's discretion, to any fire rescue position and/or shift within the Department. In such a case, the employee shall be paid at the same pay step in the applicable pay plan commensurate with the position to which the employee has been transferred. The union shall have the right to bargain over the economic impacts of the exercise of the Department's discretion in accordance with applicable law. 71 Contract for Ratification ARTICLE 23 PERSONNEL REDUCTION 23.01 If a personnel reduction is necessary,the Employer shall determine the number of employees and jobs affected in the bargaining unit and retain employees on the basis of job qualifications, job seniority, job perf ane and length of uninterrupted services as a full-time employee(seniority),and iob performance. Other factors being equal in the Fife Chief ti Emergency Services Director's judgment,seniority,as defined above,shall prevail. Laid-off employees will be recalled within two (2) years of the employee's lay-off date before new employees are hired for future vacancies in the Fire Department, however, the laid-off employee must meet, as a minimum, the basic qualifications (i.e., Fire Standards Certification is current, EMT is active,and/or Paramedic License is active)they held at the time of their separation. Recalled single-role employees will not be required to enter into an employment agreement to become dual certified if recalled within the two-year period. 23.02 Laid-off employees shall retain seniority in the Fire Department for a period of two(2)years after lay-off. 23.03 An employee shall lose seniority if the employee voluntarily quits or is discharged for cause, immediately upon the employee's last day in a work status. An employee shall be considered a voluntary quit if the employee is absent three (3) consecutive duty shifts without prior approval from,or notification to,the fief Emergency Services Director or his or her designee. 72 Contract for Ratification ARTICLE 24 BEREAVEMENT LEAVE 24.01 Regular full time bargaining unit employees covered by this agreement shall be granted up to two shifts of leave with pay for death in their immediate family without charge to medical leave, annual leave, holiday time, or other accumulated time, subject to the terms of the applicable District Rules and Regulations. At the discretion of the Emergency Services Director or his designee,employees may split up the two shifts of leave with pay. 24.02 For the purpose of this article, the immediate family shall consist of Spouse, Children and Step-Children,Parents and Step-Parents,Grandmother,Grandfather,Grandchildren,Brother, Sister, Mother-in-Law, Father-in-Law, Son-in-Law, Daughter-in-Law, Sister-in-Law, Brother-in-Law,Grandmother-in-Law,Grandfather-in-Law,Step-brother,Step-sister,or Legal Guardian of the bargaining unit employee. 24.03 Employees shall be required to provide documentation within 90 days supporting their request for bereavement leave. 7 Contract for Ratification ARTICLE 25 HOLIDAYS 25.01 The County recognizes the following holidays and any other days authorized by the Board of County Commissioners under the auspices of the Indian River County Administrative Policy. 1. New Year's Day 2. Good Friday 3. Memorial Day 4. Independence Day 5. Labor Day 6. Veteran's Day 7. Thanksgiving Day 8. Friday after Thanksgiving Day 9. Last working day before Christmas 10. Christmas Day 25.02 Non-shift employees shall be given time off with pay for the above holidays. If a non-shift employee works the holiday,the employee shall be paid the overtime rate at time and one- half for the time worked. 25.03 Shift employees not required to work on a holiday will receive twelve(12)hours pay at their regular rate for the pay period within which each holiday falls. Shift employees who are required to work on a holiday shall receive twelve(12)hours of overtime pay,as holiday pay, in addition to their twenty-four(24)hours of regular pay. 25.04 An employee must be on active pay status, or approved leave on the regularly scheduled working day immediately prior to a holiday and the regularly scheduled working day immediately following a holiday in order to qualify for the holiday time. 74 Contract for Ratification ARTICLE 26 MEDICAL LEAVE AND DISABILITY LEAVE 26.01 ELIGIBILITY A. Full-time permanent non-shift employees earn medical leave at the rate of one (1) work day per month starting the first full month of employment. Shift employees shall accrue medical leave at the rate of one day(12 hours)per month. For purposes of computation,one full 24-hour shift will be equal to two(2) 12-hour medical leave days. B. Medical leave may be taken as earned during the employee's probationary period. C. Frequent claiming of benefits under this rule will constitute grounds for the assumption by the Emergency Services Director that the physical condition of the employee is below the standard necessary for the proper performance of duties. Likewise,evidence of malingering or the abuse of this benefit will constitute grounds for prompt dismissal or disciplinary action by the Emergency Services Director. Employees suspected of abusing leave will be placed on notice and will be required to submit a doctor's note upon their return to work. Abuse of leave shall be defined as three occurrences in a 90 day period. For shift employees,each shift or partial shift that the employee is absent shall be an "occurrence." 26.02 EARNING OF MEDICAL LEAVE An employee on medical leave for more than fifteen(15)consecutive working days shall not accrue medical leave for that period of time. _,.i • I 1 £ . _ _ I . _ _ • 7! Contract for Ratification 26.043 ACCRUAL A. For employees hired before the beginning of the first pay period after Union ratification and County approval of this Agreement, I14medical leave may be accumulated for a total of no more than one hundred (100) days at the employee's anniversary date. B. For employees hired on or after the beginning of the first pay period after Union ratification and County approval of this Agreement,medical leave shall not exceed fifty (50) days at any time. 26.054 USE OF MEDICAL LEAVE MEDICAL LEAVE MAY BE GRANTED FOR THE FOLLOWING PURPOSES: A. Personal injury, pregnancy or illness not connected with work. B. Medical, dental, optical or chiropractic examination or treatment. (Refer to "D" for members of employee's family.) C. Exposure to a contagious disease which would endanger others. D. Illness of a member of the employee's immediate family who lives permanently in the same domicile which requires the personal care and attention of the employee. No more than five(5)working days a year may be taken for this purpose without approval of the Director of Emergency Services (see definition of immediate family in Article 24). E. Events in accordance with the Family and Medical Leave Act of 1993. 26.065 REQUEST FOR LEAVE A. To receive compensation while absent on medical leave, the employee shall notify the employee's immediate supervisor or Emergency Services Director prior to or as 76 Contract for Ratification soon as possible after time set for beginning the daily duties. An employee in a unit operating on a twenty-four(24)hour basis must notify the department within the time limit established by the Director of Emergency Services. B. Medical leave used adjacent to any other approved leave will not be authorized unless the employee submits medical certification at least 24 hours prior to reporting for work. C. Use of medical leave in the last 30 days of employment with the County shall not be permitted unless approved by the Emergency Services Director or his designee. D. Any request for scheduled medical leave authorized under Article 26.04 (B) shall be requested 72 hours in advance. 26.0:6 CHARGING LEAVE A. For shift employees,Almedical leave time shall be charged to the employee in 24- hour increments unless the employee has requested approval 72 hours in advance and received approval from the Emergency Services Director or his designee to use less than 24 hours . • • ••• • • • • •• • • • • • Iver-k. B. Where approved for less than 24-hour increments, Almedical leave will be charged in not less than one(1)hour minimum period for time less than one(1)day. C. Employees who are unable to complete their shift due to illness shall provide medical certification at least 24 hours prior to reporting for work. 7' Contract for Ratification 26.07 RETURNING FROM MEDICAL LEAVE A. Employees on medical leave for 21 calendar days or more shall provide medical certification stating they are fit for duty at least 24 hours prior to reporting for work. 26.08 SPECIAL CONSIDERATION FOR PRUDENT USE OF MEDICAL LEAVE Medical leave accumulated in excess of one hundred (100) days prior to the employee's anniversary date shall be compensated by paying the employee by the middle of the month following the month in which the employee's anniversary date occurs for such excess leave at the employee's regular hourly straight time pay. 26.09 MEDICAL LEAVE PAYMENT UPON SEPARATION FROM SERVICE A. Employees hired on or after the beginning of the first pay period after Union ratification and County approval of this Agreement,and who have ten or more years service with the County at the time of separation, shall receive 100% of the base rate of pay for one-half of all unused medical leave,up to a maximum of twenty-five (25) days, upon retirement or death. .' •• , B. Employees hired prior to the beginning of the first pay period after Union ratification and County approval of this Agreement shall receive 100% of the base rate of pay for all unused medical leave,up to a maximum of one hundred (100) days, upon retirement in accordance with existing retirement plans or death. . . •. . . • • .. • 1 I U • • . • . . •• • • • . acc lated. 78 Contract for Ratification 26.10 Disability leave with pay shall be provided by the Employer on the following basis: A. The disability resulted from an injury or an illness sustained directly in the performance of the employee's work, as provided in the State Workers' Compensation Act. B. If incapacitated for his or her regular position, the employee may be given other duties with the Fire Service for the period of recuperation, provided the employee's medical condition permits. Unwillingness to accept such an assignment as directed by the Director of Emergency Services will make the employee ineligible for disability leave during the time involved. C. A physician selected by the County may be used to determine the physical ability of the employee to continue on disability leave or to return to work. D. Except as may be modified by Article 26.11, if the disability leave is approved,the first seven (7) days of the leave will be charged to the employee's medical leave or the annual leave account. After the first seven(7)days,the employee will be entitled to normal Workers' Compensation only, unless the employee elects to supplement such Workers'Compensation benefits with any accrued medical or annual leave he or she may have. In no case shall the employee's total compensation from county pay and Workers'Compensation exceed his or her normal compensation. E. No new medical leave shall be accumulated during the period an employee is off the job due to injury. F. At any time during the period of disability,any case may,upon request,be reviewed by an authorized County physician who shall recommend retention, reduction, or separation to the Director of Emergency Services. 26.11 In the event of a combat injury,generally defined as occurring from the point of alarm to the return to station, an employee will be paid an amount equal to the employee's normal 79 Contract for Ratification earnings by use of District funds or a combination of District funds and Workers' Compensation without charge to the employee's medical or annual leave. This coverage will be extended to other hazardous activities,if approved by the Director of Emergency Services, after a request for approval of such paid disability has been made by the union president. The Director's approval shall not be unreasonably withheld. 26.12 Bargaining unit employees shall not be entitled to light or restricted duty for non-duty related illness, injury, or condition (such as pregnancy), except as required by applicable law. 26.13 Bargaining unit employees shall be eligible for up to 12 weeks of Family and Medical Leave in any twelve-month period, in accordance with, and under the terms of, the Family and Medical Leave Act of 1993. Employees on Family and Medical Leave are required to use all paid leaves before going on leave without pay. 80 Contract for Ratification ARTICLE 27 INSURANCE BENEFITS 27.01 The County shall provide insurance for all bargaining unit employees and their dependents in the same manner as the County's general non-bargaining unit employees, including the retiree health insurance subsidy, hospitalization, and medical insurance. 27.02 The County shall maintain in full force and effect,and pay all premiums for,a life insurance policy on the life of each employee, payable to a beneficiary designated by the respective insured employee. Such life insurance policy shall be based on an amount equal to the employee's annual salary to the nearest high thousand as of the month following the payroll change. 27.03 Separation shall be effective as of the date of death. All compensation and benefits due to the employee as of the effective date of separation shall be paid to the beneficiary,surviving spouse, or estate of the employee as determined by law or by executed forms in the employee's personnel folder. 81 Contract for Ratification ARTICLE 28 ANNUAL LEAVE 28.01 Employees in the bargaining unit shall be entitled to accrue paid annual leave on the following basis: 1. Eleven (11) working days vacation for shift employees and ten (10) working days vacation for non-shift employees shall be earned each year for the first five(5)years of continuous employment commencing with the anniversary date. 2. Sixteen(16)working days vacation for shift employees and fifteen(15)working days vacation for non-shift employees shall be earned at the start of the sixth year of continuous employment through the end of the tenth year of continuous employment. 3. For each additional year of continuous employment, employees hired prior to the beginning of the first pay period after Union ratification and County approval of this Agreement shall earn an additional day of vacation shall-be-earned up to a maximum of twenty-one(21)days per year for shift employees and twenty(20)days per year for non-shift employees: CONTINUOUS EMPLOYMENT ANNUAL DAYS EARNED SHIFT NON-SHIFT 11 YEARS 17 DAYS 16 DAYS 12 YEARS 18 DAYS 17 DAYS 13 YEARS 19 DAYS 18 DAYS 14 YEARS 20 DAYS 19 DAYS 15 YEARS 21 DAYS 20 DAYS 28.02 For employees hired prior to the beginning of the first pay period after Union ratification and County approval of this Agreement,Fforty-two(42)days may be carried over from year to year;and for employees hired on or after the beginning of the first pay period after Union ratification and County approval of this Agreement,thirty(30)days 82 Contract for Ratification may be carried over from year to year,however, an employee shall not be allowed more than thirty(30) days annual leave in a one-half(1/2) year period. 28.03 For employees hired prior to the beginning of the first pay period after Union ratification and County approval of this Agreement,Eemployer rules and regulations will apply regarding notification and/or pay for annual leave earned above 500 hours. Employees retiring after entering the DROP will be eligible to receive up to 300 hours of leave upon separation. Employees hired on or after the beginning of the first pay period after Union ratification and County approval of this Agreement will be eligible to receive payment for accrued annual leave up to 500 hours,or the maximum hours allowed by the Florida Division of Retirement at the time,whichever is less, in total. 28.04 Employees with the most time in total service years will be given preference when granting annual leave, during the seniority months (November, February, May, August). 28.05 Non-shift employees shall receive one(1)personal day to be used within each calendar year in accordance with the vacation policy. 83 Contract for Ratification ARTICLE 29 LEAVE OF ABSENCE WITHOUT PAY 29.01 The decision to grant leave without pay (leave of absence) is a matter of administrative discretion. It shall be incumbent upon the Emergency Services Director of to weigh and determine each case on its own merit. Any leave of absence for a period of thirty (30)days or more must have the approval of the Emergency Services Director FiFe-Ghiief. Any appointment made to a position vacated by an employee on leave without pay shall be conditional upon the return of the employee on leave. 29.02 Any employee granted a leave of absence shall contact the Emergency Services Director at least two (2) weeks prior to the expiration of the approved leave in order to facilitate the reinstatement process. 29.03 Failure to return to work at the expiration of the approved leave shall be considered as a resignation. 29.04 No medical leave or annual leave will be earned by an employee for the time that the employee is on leave without pay. 29.05 Leave without pay shall not constitute a break in service, but time off will not be credited toward retirement. 29.06 Fringe benefits can be continued at the expense of the employee on any leave of absence over thirty(30) days. 84 Contract for Ratification ARTICLE 30 OVERTIME AND COURT DUTY 30.01 DISTRIBUTION OF OVERTIME All overtime will be distributed equally by classification to the best ability of the supervisor in charge, except where operational needs dictate otherwise, using a computer-generated overtime list or graphical presentation posted daily in real time by the supervisor in charge as a guide for such distribution. In compiling the posted overtime list,the following conditions will be adhered to: A. All assigned overtime hours worked by the employee will be included in totals shown on the above posted list. B. When an employee enters a new classification,the employee will be placed on the overtime list at the highest overtime of the classification entered. C. If an employee refuses overtime which the Employer gets someone else to perform,the overtime will be charged against the employee who refused. If an employee is in line for an overtime assignment because of the position on the overtime list, the employee will not be charged as having refused the assignment if the employee cannot be contacted. D. If an employee is on approved leave,they will not be offered overtime. This is not to be interpreted as meaning that an employee is not subject to call- back while on approved leave. For distribution of overtime purposes an employee shall be considered on approved leave from the time the employee finishes work on the last scheduled work day before going on vacation until the employee's scheduled starting time on the first scheduled work day after the employee's vacation. 85 Contract for Ratification E. At the end of the payroll period nearest the end of each fiscal year, the accumulated overtime of the lowest employee in each classification (excluding employees who are ineligible for overtime)shall be deducted from the overtime standings of all others in the classification at that location. F. It is expressly understood that reliable, prompt service is a priority responsibility to the public we serve. It is expected that all employees will respond when an emergency or bona fide need exists. The failure to so respond,except as covered in(D)above,will be cause for disciplinary action, including termination of employment. 30.03 Proper Filling of and Distribution of Overtime A. All overtime will be filled by the off going shift. The only exception will be when an employee leaves during his/her shift and an overtime call is needed. B. Overtime will be called within the classification creating the overtime first. If all employees within that rank refuse then only those employees one classification below who can work out of rank will be called. If those employees refuse,then the employee with the lowest hours within the original classification causing the overtime and not on approved leave will be given the overtime in a mandatory status. C. Special Event Overtime and Staffing will be tracked separately from other or regular overtime opportunities. Bargaining Unit Members possessing the necessary requirements to work special events may volunteer for the special event. These special events will be filled on a first come voluntary basis. If a special event is not filled 48 hours prior to the date of the event, the supervisor in charge of filling overtime will go to the special event overtime list which will be created using the most senior bargaining unit member to the 86 Contract for Ratification newest hired bargaining unit member. The most senior employee will be offered the special event detail. If an employee works or refuses the detail those hours will be tracked electronically and in real time like regular overtime hours. If unable to fill voluntarily, the supervisor will go to the special events overtime list to determine who would be mandatory for the event by those employees that have the fewest hours. 30.04 COURT LEAVE A. Employees attending court as a witness on behalf of a public jurisdiction or for jury duty during their normal working hours shall receive full pay equal to their normal work schedule for the hours they attend court.This time shall be charged as leave with pay. Remuneration paid by the court shall be turned over to the Employer. B. All permanent full-time employees subpoenaed to attend court on behalf of the Employer are eligible for leave with pay. Any remuneration shall be turned over to the Employer. C. Those employees who become witnesses, plaintiffs, or defendants in the matters unrelated to the Employer are not eligible for leave with pay. Employees who are parties against the County in any proceeding, or who appear without subpoena as witnesses for a party against the County in any proceeding are not eligible for leave with pay. D. Nonexempt employees who attend court representing the Employer on their day off will be compensated in accordance with the overtime provision. However, every attempt should be made not to schedule a court appearance on the employee's day off. 87 Contract for Ratification E. Employees who attend court for only a portion of a regularly scheduled work day are required to report to their supervisor within a reasonable period of time of being excused or released (other than for the night) by court. The failure to so report will be cause for disciplinary action,including termination of employment. F. Employees who attend court on behalf of the County, while on scheduled vacation,may be allowed to take additional leave with pay for the court time. G. In the event a holiday occurs during the period of an employee's jury duty,he or she shall receive pay for the holiday. H. All court attendance must be verified before an employee shall be compensated. Monies received from court appearances will be turned over to the Employer. 88 Contract for Ratification ARTICLE 31 - ' - • ''! ' ' - • 6.6.. - - ! OVERTIME 31.01 DISTRIBUTION OF OVERTIME All overtime will be distributed equally by classification to the best ability of the supervisor in charge, except where operational needs dictate otherwise, using a computer-generated overtime list or graphical presentation posted daily in real time by the supervisor in charge as a guide for such distribution. In compiling the posted overtime list,the following conditions will be adhered to: A. All assigned overtime hours worked by the employee will be included in totals shown on the above posted list. B. When an employee enters a new classification, the employee will be placed on the overtime list at the highest overtime of the classification entered. C. If an employee refuses overtime which the Employer gets someone else to perform,the overtime will be charged against the employee who refused. If an employee is in line for an overtime assignment because of the position on the overtime list, the employee will not be charged as having refused the assignment if the employee cannot be contacted. D. If an employee is on approved leave,they will not be offered overtime. This is not to be interpreted as meaning that an employee is not subject to call- back while on approved leave. For distribution of overtime purposes an employee shall be considered on approved leave from the time the employee finishes work on the last scheduled work day before going on vacation until the employee's scheduled starting time on the first scheduled work day after the employee's vacation. 89 Contract for Ratification E. At the end of the payroll period nearest the end of each fiscal year, the accumulated overtime of the lowest employee in each classification (excluding employees who are ineligible for overtime)shall be deducted from the overtime standings of all others in the classification at that location. F. It is expressly understood that reliable, prompt service is a priority responsibility to the public we serve. It is expected that all employees will respond when an emergency or bona fide need exists. The failure to so respond,except as covered in(D)above,will be cause for disciplinary action, including termination of employment. 31.023 PROPER FILLING OF AND DISTRIBUTION OF OVERTIME A. All call-out overtime will be filled by the off going shift. Prearranged overtime shall be offered to employees with the lowest hours of that classification. The Captain shall attempt contact with up to three employees with the lowest hours in that classification. If unable to contact and/or secure consent to accept assignment to prearranged overtime hours, the Captain may hold over other qualified employees. B. Overtime will be called within the classification creating the overtime first. If all employees within that rank refuse then only those employees one classification below who can work out of rank will be called. If those employees refuse, then the employee with the lowest hours within the original classification causing the overtime and not on approved leave will be given the overtime in a mandatory status. C. Special Event Overtime and Staffing will be tracked separately from other or regular overtime opportunities. Bargaining Unit Members possessing the 90 Contract for Ratification necessary requirements to work special events may volunteer for the special event. These special events will be filled on a first come voluntary basis. If a special event is not filled 48 hours prior to the date of the event,the supervisor in charge of filling overtime will go to the special event overtime list which will ~e to determine who would be mandatory for the event by those employees that have the fewest hours. 31.013 CALL-OUT AND PREARRANGED OVERTIME A. When an employee is required to report for work at a time other than the employee's regular work schedule, it shall be considered: 1. A call-out, if the employee has less than twelve(12)hours'notice by the Emergency Services Director or authorized representative; or 2. Prearranged overtime if the employee has twelve(12)hours'or more notice. B. On a call-out, the employee shall be paid a minimum of three (3) hours at time and one-half as time actually worked, except that if the employee is called out before the employee's regular starting time and works through the employee's regular work period, then only time actually worked shall be allowed.Time shall start at time of initial contact(unless the employee fails to report to work within a reasonable period of time after contact, whereupon time shall start at a reasonable period of time before appearing at work) for 91 Contract for Ratification purposes of computing time worked and/or paid and shall end upon sign-off at work headquarters . • • . • : . . . . . • •• • C. In the case of prearranged overtime,the employee shall be paid a minimum of four (4) hours at time and one-half as hours worked (except in the case of meetings,two(2) hours), except if the employee is required to report before the employee's regular starting time and works through the employee's regular work period or is required to continue after the employee's regular quitting time, then only time actually worked or spent in meetings shall be allowed. Pay under this paragraph cannot be converted to compensatory time. D. No employee will be called back to work during the employee's vacation period, unless an extreme emergency has been declared. 1. An employee's vacation period will begin on the instant the employee finishes the last hour of regularly scheduled work. 2. An employee's vacation period will end on the first hour of the employee's scheduled return to work date. 3. In the event an employee is called back from vacation out of town, the District will assume all costs involved in transporting the employee to and from the vacation site. 92 Contract for Ratification ARTICLE 32 MILEAGE ALLOWANCE 32.01 Employees temporarily assigned from one station to another station necessitating travel between stations will be compensated at the County's reimbursement rate if the employee chooses to use the employee's personal vehicle. Employees who choose this option must comply with the minimum county insurance requirements. If the employee chooses not to use the employee's own personal vehicle, it shall be the responsibility of the District to provide transportation between stations and back. 32.02 Application for mileage reimbursement and/or travel must be made within thirty (30) calendar days of the reimbursable travel. No mileage reimbursement will be paid in the absence of a timely request. 93 Contract for Ratification ARTICLE 33 INCENTIVE PAY 33.01 An employee of the District who has successfully completed a certified diver's course and self paid the expenses shall be given a pay increase of twelve dollars ($12.00) bi-weekly. 33.02 An employee of the District who has successfully completed a certified Smoke Diver's Course and self paid the expenses shall be given a pay increase of twelve dollars($12.00)bi- weekly. 33.03 A. An employee of the District who has completed a total ofeighty(80)hours in courses approved by the Educational Committee will receive a pay increase of ten dollars ($10.00)bi-weekly. The courses for which the employee seeks educational incentive pay must be approved by the Educational Committee prior to enrollment. There will be a maximum of four(4) eighty hour blocks per employee. B. The hours involved in the Fire Fighters State Minimum Standards Basic Recruit Training are excluded from this agreement. C. The Educational Committee will consist of the Fire Chief,Deputy Fire Chief and two (2) members of the bargaining unit. Should the vote of the Committee end in a tie, the Fire Chief shall be given another vote to break the tie. This committee will establish criteria for sections 33.08 and 33.09. 33.04 An employee who is qualified and certified as a Paramedic may assume the duties of the E.M.S. Coordinator or Training Officer and shall receive a pay increase of sixty dollars ($60.00) bi-weekly. There will be a maximum of four(4) E.M.S. Coordinators or Training Officers in the department 33.05 All personnel that are certified in Heavy Rescue as of 09/30/85 will continue to receive twelve dollars ($12.00) bi-weekly for that certification. 94 Contract for Ratification 33.06 The incentives offered in this article(from 33.01 through 33.05) shall be available only for employees who have qualified for the particular incentives by March 24, 1994. 33.07 Four (4) Special Operations F.T.O.s per shift, total of 12 slots, shall receive sixty dollars ($60.00) biweekly. 33.08 Forty(40) Special Operations (Technician Level) per shift, total of 120 slots, shall receive thirty-five dollars($35.00)biweekly,so long as they maintain their certifications. Only one incentive per person. 33.09 Non-shift employees shall be eligible for one(1)pay increase of twenty-one dollars($21.00) biweekly(maximum of six individuals)when they become certified in one of the following areas: State of Florida Instructor II or III State of Florida Inspector II or NFPA Certified Inspector I State of Florida Investigator II or IAAI Certified Investigator NFPA Certified Fire Plan Examiner I or NFA Plan Review for Inspectors 33.10 To be filled at the Emergency Services Director's discretion, effective on ratification or imposition of this Article, the County will fill . • . _ . • ,• • • • ' • t. . ! ! : 201O/2O1 + + f 86 slots. Vacancies will be filled in the next pay cycle. The County may assign individuals to temporarily fill in for absent Solo Paramedics,and individuals so assigned shall receive the Solo Incentive while performing work as a Solo Paramedic. Additional Solo slots will be filled as ALS apparatus is added and stations come online. Upon the expiration of this Agreement, future additions of Solo slots will be subject to collective bargaining. The Solo Incentive will be paid as follows: 95 Contract for Ratification Months of Service Non 7(k)Exempt 7(k) Exempt o 0—36 months $0-per r$10.80/day IT$12/day o 37—72 months $446-fier hour$15.12/day F4,40-per-ho $16.80/day o Over 72 months $462-peter$19.44/day $1. O per $21.60/day The amount of additional pay for Solo Paramedic status shall be paid bi-weekly as long as the employee maintains their solo paramedic status. 96 Contract for Ratification ARTICLE 34 SALARIES 34.01 Upon receiving Firefighter certification, Paramedic I will be placed in the Dual Certified pay scale, effective the first day of the next 28-day cycle. Upon becoming Firefighter certified ALS personnel will be converted using a 52.5%rate. They will be placed in the step plan based on their years of service. In the event that the converted pay rate is higher than the step they are placed in,their pay will remain at the converted rate until such time that the range or their subsequent step increase is greater than the converted rate of pay. 34.02 Fe F-.s„ Y 2008 1n�'�Bargaining unit employees will be provided wages as follows: A. For Fiscal Year 2013-14, bargaining unit employees will not receive cost of living,step,or other wage increases. _! ! • , , _lis _a a l i a • . • . . . . . . . •. . . • . - _1 1 • _1 1 1. . I 1 1 1 1. _1 1 I _1 1. • - 1 B. For Fiscal Year 2014-15, effective the beginning of the first pay period after Union ratification and County approval of this Agreement,all bargaining unit employees shall receive a five and one-half percent (5-1/2%) cost-of-living 97 Contract for Ratification increase. In addition,effective the beginning of the first pay period after Union ratification and County approval of this Agreement, all bargaining unit employees will be placed in the revised step plans shown in Attachment B (which already include the 5-1/2% cost-of-living increase). Such placement shall be in accordance with the Pay Scale Conversion shown in Attachment C. Upon Union ratification and County approval of this Agreement, after placement in the revised step plans,eligible employees will proceed to the next step of their respective revised pay plan. Topped-out employees who do not receive a step increase will receive a lump sum payment of $1500, with the proviso that this sum will be paid in three$500 increments due the beginning of the first pay period after (1) Union ratification and County approval of this Agreement, (2) May 1,2015 and (3)July 1,2015. C. For Fiscal Year 2015-16, bargaining unit employees shall receive the cost-of- living increases and lump sum payments, if any, mutually agreed to by the County and Local 2201. Additionally, effective the first full pay period following April 1,2016,eligible employees will proceed to the next step of their respective pay plan. D. Step moves, cost-of-living increases, pay scale adjustments or lump sum payments, if any, after September 30, 2016 shall be established through collective bargaining for a successor Agreement. BE. In the event of promotion,the employee shall move to the same step of the pay plan for the higher rank on the first day of the pay period nearest to the date of promotion. In the event the same step of the pay plan does not exist for the higher rank,the employee shall move to the lowest step of the higher rank and shall not be eligible to receive the first subsequent step increase provided in 34.02 B. 98 Contract for Ratification 34.03 The County shall indemnify, exonerate, and save harmless the Union from any claims and/or judgments against the Employer and/or Union based upon the application of the FLSA 207(k) exemption. The Employer shall give written notice to the Union by registered mail addressed to the President of the local of any claim, action, suit, or proceeding brought by an employee, person, firm, or corporation against the Employer based in whole or in part based upon the application of the FLSA 207(k)exemption. The County shall defend the said claim, action, suit, or proceeding against the County or against the Union at its own cost and without expense to the Union. 34.04 Employees who retire under regular FRS guidelines after the termination date of this agreement but prior to the ratification of a new agreement will be eligible for retroactive payments calculated in the same manner as other bargaining unit employees. 99 Contract for Ratification ARTICLE 35 DOCUMENTS 35.01 The Employer agrees to provide one (1)copy of each of the following documents to the Union without charge: A. Proposed budget,and final budget for the County. Budget changes and amendments for the department. B. Year end financial statement for the Department. C. Administrative orders,regulations and personnel policies relating to bargaining unit employees. D. Revisions to the Department Rules and Regulations Manual and Department Standard Operating Procedures. 35.02 The employer agrees to provide a copy of the Department Rules and Regulations and Department Standard Operating Procedures, with all revisions thereto,to each station. 100 Contract for Ratification ARTICLE 36 EQUAL EMPLOYMENT POLICIES 36.01 It is the continuing policy of the District to promote the concepts of equal opportunity for all of its employees and applicants for employment. 36.02 The District will continue to recruit,hire,train,and promote on merit principles,persons in all job classifications without regard to race, color, religion, sex or national origin, except where sex is a bona fide occupational qualification. 36.03 Decisions on employment will be based on the principles of equal employment opportunity. 36.04 All personnel actions such as compensation, benefits, transfers, layoffs, return from layoffs, sponsored training, education, social and recreational programs, will be administered without regard to race, color, religion, sex or national origin. 101 Contract for Ratification ARTICLE 37 DURATION AND RENEWAL 37.01 This Agreement shall be in full force and effect from October 1,200813,to September 30, 2011-6. This Agreement shall continue in effect from year-to-year thereafter unless amended or terminated in the manner hereinafter provided. Either party desiring to amend or terminate this contract shall notify the other party in writing by February 1 of the year in which the contract expires. 37.02 If the parties do not reach agreement by contract expiration, the existing terms and conditions shall continue until a new Agreement is reached or the impasse is resolved. 37.03 The Employer shall not reduce the staff levels as they existed upon the signing of this agreement,with the exception that staff levels may be reduced only as a result of attrition and the Employer will not institute layoffs in the event it limits its fire fighting activities. 37.04 The Employer agrees that its operations,or any part thereof,shall not be merged,assigned or otherwise transferred without first securing the agreement of the new employer to assume the Employer's obligations under this Agreement. 102 Contract for Ratification SIGNATURE PAGE INDIAN RIVER COUNTY FIREFIGHTERS/ INDIAN RIVER COUNTY PARAMEDICS ASSOCIATION, EMERGENCY SERVICES DISTRICT LOCAL 2201, I.A.F.F. President Chairman, Wesley S. Davis Negotiating Committee Member Board of County Commissioners Negotiating Committee Member Administrator of the Emergency Services District Negotiating Committee Member Witness Negotiating Committee Member DATE DATE Ratified by the Union on the day of , 2015 Confirmed by: John O'Connor President 103 Contract for Ratification Attachment A Indian River County, Florida Emergency Services District Sixty(60)Day Notice of Drug-Free Workplace Program For Local 2201,IAFF Collective Bargaining Unit Employees The District is committed to maintain a safe,healthy,and productive work environment for its employees;to provide professional services for its citizens;to maintain the integrity and security of its equipment and workplace;and to perform all these functions in a fashion consistent with the interests and concerns of the community. The District believes that there is potential for serious consequences to your employment security,and our business,due to drug and alcohol use and/or abuse by employees,which has been shown to increase safety risks and absenteeism while decreasing productivity and quality. Pursuant to the District's philosophy and goals,it is codifying a Drug-Free Workplace Program to ensure that we will have a drug-free workplace.This program is intended to satisfy the Drug-Free Workplace Program requirements set forth in 440.102,Florida Statutes,and Rule 59A,Florida Administrative Code. It is the policy of the District that unlawful possession, use, being under the influence, consumption. sale. purchase, distribution,dispensation,or manufacture by any employee of alcohol or any illegal drugs or illegally obtained drugs in the workplace,on District premises,or within its facilities,in the conduct of District-related work off District premises. or when operating District vehicles on or off duty is strictly prohibited and will be grounds for immediate termination. Nor will the District permit any employee to report to work or to perform his or her duties while taking prescription or non-prescription medication which adversely affects the person's ability to safely and effectively perform his or her job duties.Employees are required to notify supervisors of all such medication use.It is a condition of employment to abide by the terms of this policy. In furtherance of its Drug-Free Workplace Policy,the District will institute drug and alcohol testing procedures beginning October 1, 1998. Under this testing program, special-risk and safety-sensitive candidates for employment, as well as current employees under certain limited circumstances(i.e.,for cause,fitness for duty and post accident),will be subject to alcohol and drug testing.A complete copy of the District's Drug-Free Workplace Program will be provided to each employee and applicant in advance of the program's commencement date. It is the District's desire that individuals voluntarily address and resolve any drug and alcohol-related problems on a confidential basis. Should an employee realize that he or she has developed a dependence on drugs, alcohol, or any controlled substance,he or she is advised to seek rehabilitation voluntarily(without disciplinary penalty),prior to any management action. In order to provide an effective means of helping employees deal with drug/alcohol use and/or abuse, which may be interfering with their job performance, the District has an Employee Assistance-Program (EAP) provider, gradtliffiliUiliNyeh-GenipailitS Health Advocate(EAP),which offers employees and their families substance abuse treatment and rehabilitation services.Information on these services is available from the District at 567-8000,extension 225 at the Director's Office, Fire Chief at 562-2028,or the EMS Chief at 567-3160. 104 Contract for Ratification We would like to have the opportunity to answer any questions anyone might have prior to the effective date of the program. If you would like to discuss the policy (on a confidential basis), please contact the-Emergency Services Director,or his or her designee, at any time. We do appreciate your work on behalf of the District and ask your assistance in keeping the workplace free of alcohol and drug-related problems. Joseph A.Baird,County Administrator 105 Contract for Ratification Rules on Drugs and Alcohol Employees of the District are hereby notified that it is a condition of employment for each employee to refrain from reporting to work or working with the presence of drugs or alcohol in his or her body. It is not the intent of the District to intrude into the private lives of its employees.However,the effect of drug and alcohol use,abuse,and/or dependency on safety,work quality,increased medical expenses,and lost productivity requires that this policy be implemented.The following rules apply under the District policy: 1.0 Pre-Employment Conditions 1.1 The following pre-employment conditions are established to determine the suitability of employees to work for the District. 1.2 All job applicants must submit to a drug test prior to starting employment in that position. Any job offer which a job applicant may receive from the District is contingent upon the applicant successfully completing the drug test. 1.3 Any job applicant who refuses to submit to drug testing as part of the pre-employment testing process will be refused employment.Any job applicant who tests positive for drugs will be refused employment at that time.Confidentiality will be maintained pursuant to this Policy. 1.4 The District will not discriminate against an applicant for employment because of the applicant's past addiction to drugs or alcohol.It is the current use/abuse of drugs or alcohol that will not be tolerated. 2.0 Conditions of Continuing Employment 2.1 Each employee will receive a copy of the Drug-Free Workplace Policy and must abide by the Policy. The rules contained in the Policy are to be considered conditions of continuing employment and are to be consistently followed. Any violation of these conditions of continuing employment will result in disciplinary action,up to and including termination of employment. 3.0 Prohibition of Possession,etc. 3.1 The unlawful manufacture,distribution,dispensation,possess,sale,or use of any drug or un prescribed, controlled substances and/or unauthorized possession or usage of alcohol by employees while working or when on any District property, including parking lots, are strictly prohibited. 4.0 Prohibition of Drug or Alcohol Use 4.1 All employees are prohibited from being at work or on District property,including parking lots, with the presence of any drug or its metabolite, as set forth herein, in the employee's body. Any employee who has a confirmed positive test of a drug or its metabolite at the levels defined herein will be presumed to be under the influence of a drug and in violation of District Policy. 4.2 All employees are prohibited from being at work or on District property,including parking lots,with the presence of alcohol,as set forth herein,in the employee's body.Any employee who has a confirmed positive test of alcohol at the levels defined herein will be presumed to be under the influence of alcohol and in violation of District Policy. 107 Contract for Ratification 8.0 Rehabilitation Procedures 8.1 An employee who is experiencing problems as a result of drug and/or alcohol abuse should contact the Emergency Services Director,or his or her designee,for referral for treatment and/or counseling.This discussion will be kept confidential. Supervisory personnel may he notified when treatment or rehabilitation will require absence from work. 9.0 Employee Education and Referral Program 9.1 It is the responsibility of each employee to seek assistance before drugs and alcohol use or abuse leads to disciplinary problems.Employees who may require assistance for substance dependency and related program are encouraged to seek assistance and information from the Emergency Services Director,or his or her designee. 9.2 Once a violation of this Policy occurs, subsequent use of a counseling or rehabilitation program on a voluntary basis will not affect the determination of appropriate disciplinary action. 9.3 An employee's decision to seek assistance or referral from the Emergency Services Director, or his or her designee,prior to an incident warranting disciplinary action will not be used as the basis for disciplinary action or in any disciplinary proceeding. 9.4 The District has no interest in restricting social drinking outside of working hours and no intent to intrude upon private or personal lives of employees.The District is concerned only when the employee's health,job performance,and safety conditions are adversely affected. 9.5 Upon successful completion of a drug treatment program an employee may be released to resume work but will be subject to drug testing as provided for in Section 6. 1. 9.6 An employee's participation in an alcohol or drug treatment program will not be made part of any personnel records and will remain confidential except to the extent necessary to comply with this Policy and to the extent permitted by law. Medical and insurance records,if any, will be preserved in the same confidential manner as all other medical records.Treatment recommendation records and compliance records will be maintained by the Emergency Services Director,or his or her designee. 10.0Employee Education Information 10.1 The following crisis information centers will provide information regarding employee assistance programs(EAP)and local alcohol and drug rehabilitation programs available to employees: Health Advocate(EAP) 7771 Road Extension 877-240-6863 -Su. g4 www.Health Advocate.com/members (8nm�2vv �26 {934)-704-8686 Substance Abuse Council 4041--94h-Avenue 1507 20th Street Vero Beach,FL 32960 770-4811 109 Contract for Ratification Center for Emotional and Behavioral Health at Indian River Memorial Hospital 1190 37th Street Vero Beach,FL 32960 563-4666 Community Oriented Police Enforcement(COPE) 4055 41st Avenue Vero Beach,FL 32960 569-6700 C.O.R.E. Program 1422 Old Dixie Highway Vero Beach,FL 32960 567-1282 Drugs Are Not the Answer(DANTA,Inc.) 4145 28th Avenue Gifford,FL 32967 770-4663 Family Center of Vero Beach 1845 14th Avenue Vero Beach,FL 32960 778-5523 Mental Health Association of Indian River and St. Lucie Counties 2525 St.Lucie Avenue Vero Beach,FL 32960 569-9788 Support Groups Alcoholics Anonymous(AA) 562-1114 Al-Anon 562-1114 Alateen 562-1114 Adult Children of Alcoholics 567-2253 Narcotics Anonymous 1-800-281-9889 Cocaine Anonymous 1-800-877-7675 National Hotline Numbers Alcohol and Drug Referral Hotline 1-800-252-6454 Child's Help,National Child Abuse Hotline 1-800-422-4453 National AIDS Hotline 1-800-342-2437 National Cocaine Hotline 1-800-262-2463 National Hepatitis Hotline 1-800-223-0179 National Runaway Switchboard and Suicide Hotline 1-800-621-4000 National Sexually Transmitted Diseases Hotline 1-800-227-8922 Suicide and Rape 24-Hour Emergency Services 1-800-333-4444 110 Contract for Ratification National Assistance Groups Alcoholics Anonymous 1-800-344-2666 Food and Drug Administration 1-301-443-1240 Mothers Against Drunk Driving(MADD) 1-800-438-6233 Narcotics Anonymous 1-800-281-9889 National Association for Children of Alcoholics 1-714-499-3889 National Association of Anorexia Nervosa and Associated Disorders 1-312-831-3438 National Council of Child Abuse and Family Violence 1-800-222-2000 National Institute of Drug Abuse,Drug Information,Treatment 1-800-662-4357 Parents Anonymous National Office 1-800-421-0353 Tough Love 1-800-333-1069 10.3 Employees may obtain further information regarding available drug and alcohol assistance and rehabilitation programs by contacting the Emergency Services Director,or his or her designee. 11.0 Management's Responsibilities 11.1 District Officers,Managers,and Supervisors(hereafter collectively referred to as"supervisors")are responsible for implementing the drug and alcohol free workplace Policy.It is the responsibility of supervisors to observe the behavior of employees on the job as a precaution against unstable or unreliable behavior which could threaten the safety and well-being of employees or the public. 11.2 The Emergency Services Director,or his or her designee,is responsible for maintaining a safe work environment by determining each employee's fitness for duty. 11.3 In the event the Emergency Services Director,or his or her designee, has a reasonable suspicion(as defined in this Policy)that an employee may be affected by drugs or alcohol or has otherwise violated this Policy,the employee must be sent for drug testing.This testing will not take place until reasonable suspicion is determined to be present by the Director, or his or her designee, and a corroborating witness.The Director,or the highest ranking witness kis-or-her-designee,shall promptly detail in writing the circumstances which formed the basis of the determination that reasonable suspicion exists to warrant the testing.A copy of this documentation shall be given to the employee prior to testing. 11.4 In all cases when an employee is being removed from duty for drug testing,the supervisor must notify his superior. 12.0 Employee's Responsibilities 12.1 It is each employee's responsibility to be fit for duty when reporting for work and to inform his or her supervisor if he or she is under the influence of prescription medication which may affect job performance or safety. 12.2 In the event an employee observes behavior which raises a doubt as to the ability of a co-worker to work in a safe and reliable manner,the employee should report this behavior to his/her supervisor. 12.3 Employees who voluntarily or, as a condition of continued employment, enter a drug or alcohol treatment and/or rehabilitation program must participate and complete recommended treatment.Any employee who enters a drug or alcohol treatment and/or rehabilitation program will he responsible for 111 Contract for Ratification payment for the treatment and/or program to the extent not covered by medical insurance provided by the Employer.If the employee fails to comply with the treatment and/or program,the employee will be subject to discipline,up to and including termination of employment. 12.4 Reserved 13.0 Employee Education 13.1 Employees and supervisors will be required to participate in a drug-free awareness program on an annual basis. The program will inform employees about the following: (a) The legal,social,physical,and emotional consequences of the use,misuse,and/or abuse of drugs or alcohol; (b) The District's commitment to maintain a drug-free workplace; (c) Available drug counseling,rehabilitation,and employee assistance programs; (d) Assistance in identifying personal and emotional problems which may result in the misuse of alcohol or drugs;and (e) The penalties which may be imposed by the District on employees for drug abuse violations occurring in the workplace. 14.0 Rights Under Collective Bargaining Agreements 14.1 Employees who are covered under any collective bargaining agreement between the District and any certified labor organization will have the right to file a grievance regarding discipline imposed by the District as a result of a violation of this Policy if said grievance is permitted to be filed pursuant to the collective bargaining agreement and have the right to appeal to the Public Employees Relations Commission or applicable court. 15.0 Testing Pursuant to the Drug-Free Workplace Policy 15.1 Types of Testing:In order to maintain a drug or alcohol free work environment and in accordance with Florida's Drug-Free Workplace Program,Section 440. 101,et seq.,Florida Statutes,as amended,and applicable administrative regulations,the District will test for the presence of drugs and/or alcohol in the following circumstances: 15.2 Pre-employment: All job applicants who have been offered a position of employment in a safety- sensitive or special-risk positions must submit to a drug and/or alcohol test before beginning employment or work with the District. 15.3 Reasonable Suspicion: Employees who are determined to be under reasonable suspicion of drug or alcohol use(as defined in this policy)will be required to submit to a drug and/or alcohol test. 15.4 Reserved 15.5 Follow up:All employees who have entered an employee assistance program(EAP)or rehabilitation program for drug and/or alcohol abuse must take drug and/or alcohol tests as identified in Section 9.5. This requirement may be waived in the sole discretion of the District when an employee voluntarily enters a drug treatment program before disciplinary action has been taken. 15.6 Post Accident or Injury: All employees who are involved in an accident or injury to an employee which requires medical treatment occurring while at work which was caused,or contributed to,by the 112 Contract for Ratification employee, the employee must take a drug and/or alcohol test after administration of emergency medical treatment.If it cannot be determined who was driving the District vehicle at the time of the accident,then anyone who was in the vehicle during the applicable time period will be required to submit to testing. I5.7Random Testing for Safety-Sensitive or Special-Risk Employees: Safety-sensitive and special-risk employees are subject to random testing such that the District will administer the same number of tests each fiscal year as there are members in the Collective Bargaining units or agreements.Random testing shall be conducted via an unbiased selection procedure, as agreed upon by the parties. 16.0 Consequences of Refusing a Drug Test 16.1 An employee who refuses to submit to a drug test will be subject to discipline, up to and including termination of employment. An employee who provides a diluted sample may,depending upon the circumstances,be deemed to have refused to submit to the drug test. 16.2 A job applicant who refuses to submit to a drug test will not be hired. 17.0 Actions Following Positive Confirmed Test: 17.1 An employee who tests positive on a confirmation test will be immediately suspended without pay,and subject to discipline,up to and including termination. If the problem is correctable, the Emergency Services Director,at his discretion,may allow the employee an opportunity for rehabilitation through a last-chance agreement. Any such last-chance agreement shall include a provision for random drug testing for two(2)years from the date of the agreement,and successful completion of any treatment program recommended by a healthcare professional. The employee shall be responsible,through his insurance or otherwise, for the cost of the random testing and treatment program. Under no circumstances shall an employee be allowed to return to work prior to receiving a negative test result. 17.2 Refusal of a last chance agreement:If an employee is offered an opportunity to enter into a last-chance agreement and refuses to do so,the employee will be immediately terminated. 17.3 Treatment program requirements: Employees who have been provided with an opportunity to enter into a treatment and/or rehabilitation program as part of a last-chance agreement must meet all requirements of that program including any required aftercare. Failure to follow or complete the treatment and/or rehabilitation program or a subsequent positive confirmed drug test will result in immediate termination of employment. 17.4 The employee or job applicant who receives a positive confirmed test result may contest or explain the result to the Medical Review Officer (MRO) within five (5) working days after receiving written notification of the test result. If an employee's or job applicant's explanation or challenge is unsatisfactory to the MRO,the MRO shall report a positive test result back to the employer.The drug test result may be contested pursuant to law or to rules adopted by the AHCA. 18.0 Reporting of Use of Medication: Employees and job applicants may confidentially report the use of prescription or non-prescription medication to the MRO through the Emergency Services Director,or his or her designee,both before and after having a drug test. 19.0 Notice of Common Medications:A list of the most common medications by brand name or common name,as applicable, as well as chemical name, which may alter or affect a drug test, is attached. Employees and job applicants should review this list prior to submitting to a drug test. 113 Contract for Ratification 20.0 Medication Information:An employee or job applicant may consult with the Employer's MRO or the testing laboratory for technical information regarding prescription and non-prescription medication. 21.0 Drugs to be Tested 21.1 Drug testing may be required for any or all of the following drugs: 1. Alcohol,including distilled spirits,wine,beer,and intoxicating liquors; 2. Amphetamines; 3. Cannabinoids; 4. Cocaine; 5. Phencyclidine(PCP); 6. Hallucinogens,as approved by the Florida Administrative Code; 7. Methaqualone; 8. Opiates; 9. Barbiturates; 10. Benzodiazepines; 11. Synthetic narcotics(Methadone and Propoxyphene); 12. (intentionally left blank) 13. A metabolite of any of the substances listed herein. 21.2 Drug cut off levels--Initial Drug Test:All levels equal to or exceeding the following shall be reported as positive: Alcohol 0.05 gl/dl% Amphetamines 1,000 ng/ml Cannabinoids 50 ng/ml Cocaine 300 ng/ml Phencyclidine 25 ng/ml Methaqualone 300 ng/ml Opiates 300 ng/ml Barbiturates 300 ng/ml Benzodiazepines 300 ng/ml Synthetic Narcotics300 ng/ml Methadone 300 ng/ml Propoxyphene 300 ng/ml 21.3 Drug cut off levels--Confirmation Drug Test:All levels equal to or exceeding the following shall be reported as positive: Alcohol 0.05 gl/dl%* Amphetamines 500 ng/ml Cannabinoids 15 ng/ml Cocaine 150 ng/ml Phencyclidine 25 ng/ml Methaqualone 150 ng/ml Opiates 300 ng/m] Barbiturates 150 ng/ml Benzodiazepines 150 ng/ml Synthetic Narcotics150 ng/ml Methadone 150 ng/ml ll Contract for Ratification Propoxyphene 150 ng/ml *Testing laboratories will report all quantitative alcohol test results above 0.05 %to the MRO who will be responsible for reporting results to the Employer.Percent by weight of alcohol in blood is based upon grams of alcohol per 100 milliliters of blood. 22.0 Reasonable Suspicion Drug Testing 22.1 Employees will be required to submit to drug and/or alcohol testing when the Emergency Services Director,or his or her designee, has "reasonable suspicion" as defined in this Policy, to believe that an employee is using or has used drugs or alcohol in violation of this Policy. The supervisor will document the circumstances which formed his or her determination.A copy of this documentation will be given to the employee prior to testing. 23.0 Confidentiality and Records Maintenance 23.1 Confidentiality of records concerning drug testing pursuant to the Drug Free Workplace Policy will be maintained by the District in accordance with Florida law. All information, records, and drug test results in the possession of the District,laboratories,employee assistance programs(EAP),and drug and alcohol rehabilitation programs will be kept confidential. No such program's information or records will be released unless written consent,signed by an employee or job applicant,is provided or unless disclosure of such information or records is compelled by court order.The District may also disclose such information when relevant in any civil,disciplinary,or administrative hearing if required or compelled.The District will maintain records concerning drug testing separate and apart from a job applicant or employee's personnel file. 24.0 Challenge of Test Results of Drug Test Under Florida Law 24.1 An employee or job applicant who receives a positive confirmed test result may challenge the result b� requesting retesting at the employee's expense. 25.0 Medical Review Officer's Responsibilities for Testing Under Florida Law 25.1 The Medical Review Officer(MRO)shall fully comply with all of the requirements set forth in Rule 59A-24.008 Florida Administrative Code,as it may from time to time be amended.The MRO shall be a licensed physician who has knowledge of substance abuse disorders,laboratory testing procedures, chain of custody collection procedures,and medical use of prescription drugs and pharmacology and toxicology of illicit drugs. 115 Contract for Ratification Indian River County Emergency Services District Over-the-Counter and Prescription Drugs Which Could Alter Or Affect the Outcome of a Drug Test Alcohol All liquid medications containing ethyl alcohol (ethanol). Please read the label for alcohol content. As an example. Vick's NyQuil is 25%(50 proof)ethyl alcohol,Comtrex is 20%(40 proof),Contact Severe Cold Formula Night Strength is 25%(50 proof),and Listerine is 26.9%(54 proof). Amphetamines Obetrol,Biphetamine,Desoxyn,Dexedrine,Didrex Cannabinoids Marinol(Dronabinol,THC) Cocaine Cocaine HCL topical solution(Roxanne) Phencyclidine Not legal by prescription Methaqualone Not legal by prescription Opiates Paregoric,Parepectolin,Donnagel PG,Morphine,Tylenol with Codeine,Empirin with Codeine,APAP with Codeine, Aspirin with Codeine, Robitussin AC, Guiatuss AC, Novahistine DH, Novahistine Expectorant, Dilaudid (Hydromorphone),M-S Contin and Roxanol(morphine sulfate),Percodan,Vicodin,etc. Barbiturates Phenobarbital,Tuinal,Amytal,Nembutal, Seconal,Lotusate,Fiorinal,Fioricet,Esgic,Butisol,Mebaral, Butabarbital. Butabital,Phrenilin,Triad,etc. Benzodiazepines Ativan,Azene,Clonopin,Dalmane,Diazepam,Librium,Xanax,Serax,Tranxene,Valium,Verstran,Halcion,Paxipam, Restoril,Centrax Methadone Dolophine,Methadose Propoxyphene Darvocet,Darvon N,Dolene,etc. 116 Contract for Ratification Indian River County Emergency Services District List of Drugs by Trade or Common Name Drugs Trade or Common Names Narcotics Opium Dover's Powder,Paregoric,Parepectolin Morphone Morphine,Pectoral Syrup Codeine Tylenol with Codeine,Empirin Compound with Codeine,Robitussin A-C Heroin Diacetylmorphone,Horse, Smack Hydromorphine Dilaudid Meperidine (Pethidine)Demerol,Mepergan Methadone Dolophine,Methadone,Methadose Other Narcotics LAAM, Leritine, Numorphan, Percodan, Tussionex, Fentanyl, Darvon, Talwin, Lomotil Depressants Chloral Hydrate Noctec,Somnos Barbiturates Phenobarbital,Tuinal,Amytal,Nembutal, Seconal,Lotusate Benzodiazepines Ativan,Azene,Clonopin,Dalmane,Diazepam,Librium,Xanax,Serax,Tranxene, Valium,Verstran, Halcion,Paxipam,Restoril Methaqualone Quaalude Glutethimide Doriden Other Depressants Equanil,Miltown,Noludar,Pacidyl,Valmid Stimulants Cocaine Coke,Flake,Snow,Crack Amphetamines Biphetamine,Delcobese,Desoxyn,Dexedrine,Med iatric Phenmetrazine Preludin Methylphenidate Ritalin Other Stimulants Adipex, Bacarate, Cylert, Didrex, Ionamin, Plegine, Pre-Sate, Sanorex, Tenuate, Tepanil,Voranil Hallucinogens LSD Acid,Microdot Mescaline and Peyote Mesc,Buttons,Cactus Amphetamine Variants 2,5-DMA,PMA,STP,MDA,MDMA,TMA,DOM,DOB Phencyclidine PDP,Angel Dust,Hog Phencyclidine Analogs PCE,PCP,TCP Other Hallucinogens Bufotenine,Ibogaine,DMT,DET,Psilocybin Cannabis Marijuana Pot,Acapulco Gold,Grass,Reefer,Sinsemilla,Thai Sticks Tetrahydrocannabinol THC Hashish Hash Hashish Oil Hash Oil 117 Contract for Ratification Definitions 1. Alcohol means ethyl alcohol(ethanol)and includes a distilled spirit,wine,a malt beverage or an intoxicating liquor. For purposes of this policy,alcohol is considered to be a drug. Thus,any reference to drugs and/or drug testing includes alcohol and/or alcohol testing. 2. Drugs means alcohol,an amphetamine,a cannabinoid,cocaine,phencyclidine(PCP),a hallucinogen(as earlier identified in Section 21.1),methaqualone,an opiate,a barbiturate,a benzodiazepine,a synthetic narcotic,or a metabolite of any of the substances listed in this policy. An employer may test an individual for any or all of such drugs. 3. Job Applicant means a person who has applied for a special-risk or safety-sensitive position with the Employer. 4. Employee means an individual who works for the Employer on a full-time or part-time basis and receives salary,wages,or compensation. 5. Drug Test. a. "Drug test"means any chemical,biological,or physical instrumental analysis administered by a laboratory certified by the United States Department of Health and Human Services(HHS)or licensed by the Agency for Health Care Administration(AHCA),for the purpose of determining the presence or absence of a drug or its metabolites. b. Drug testing may require the collection of blood,urine,breath,or saliva of an employee or job applicant. The Employer has the right to use more accurate,scientifically accepted methods which may be approved in the future by the FDA or AHCA as such technology becomes available in a cost-effective method. c. "Initial drug test"means a sensitive, rapid,and reliable procedure to identify negative and presumptive positive specimens,using an immunoassay procedure or an equivalent, or a more accurate scientifically accepted method approved by the FDA or AHCA as such more accurate technology becomes available in a cost-effective form. d. "Chain of custody"refers to the methodology of tracking specified materials or substances for the purpose of maintaining control and accountability from initial collection to final disposition for all such materials or substances and providing accountability at each stage in handling. testing, and storing specimens and reporting test results. e. "Confirmation test"means a second analytical procedure used to identify the presence of a specific drug or metabolite in a specimen, which test must be different in scientific principle from that of the initial test procedure and must be capable of providing requisite specificity,sensitivity,and quantitative accuracy. 6. Positive Confirmed Test or Confirmation Test means a second analytical procedure which confirms a positive result from an initial drug test in accordance with with the Florida Drug-Free Workplace. 7. Medical Review Officer(MRO)means a licensed physician who has knowledge of substance abuse disorders, laboratory testing procedures and chain of custody collection procedures,who is responsible for receiving and reviewing all positive confirmed test results,and who is responsible for contacting all individuals who tested positive in a confirmation test to inquire about possible medications which could have caused a positive result in accordance with Rule 59A-24.008,FAC. 8. Prescription or Non-Prescription Medication means a medication obtained pursuant to a prescription as defined by Section 893.02,FS,or a medication that is authorized pursuant to federal or state law for general distribution and use without a prescription in the treatment of human diseases,ailments or injuries. 118 Contract for Ratification 9. Reasonable Suspicion Drug Testing means drug testing based on a belief that an employee is using or has used drugs in violation of this policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. Among other things,such facts and inferences may be based upon: a. Observable phenomena while at work,such as direct observation of drug use or the physical symptoms or manifestations of being under the influence of a drug. b. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance. c. A report of drug use,provided by a reliable and credible source. d. Evidence that an individual has tampered with drug test during his employment with the current employer. e. Information that an employee has caused,or contributed to,an accident while at work. f. Evidence that an employee has used,possessed,sold,solicited,or transferred drugs while working or while on the employer's premises or while operating the employer's vehicle,machinery,or equipment. 10. Safety-Sensitive Position means,with respect to a public employer,a position in which a drug impairment constitutes an immediate and direct threat to public health or safety, such as a position that requires the employee to carry a firearm, perform life-threatening procedures, work with confidential information or documents pertaining to criminal investigations, or work with controlled substances; a position subject to s. 110.1127; or a position in which a momentary lapse in attention could result in injury or death to another person,such as driving a vehicle or operating equipment or heavy machinery. 11. Special-Risk Position means,with respect to a public employer, a position that is required to be filled by a person who is certified under Chapter 633 or Chapter 943. 12. Specimen means urine,blood or saliva,or a product of the human body capable of revealing the presence of drugs or their metabolites,as approved by the FDA or the AHCA. 13. Emergency Services Director's designee means the Fire or EMS Chief is designated to act on behalf of the Emergency Services Director as relates to the Drug-Free Workplace Program,to the extent authorized by the Director. 119 Attachment B No EMT Certification Revised Pay Table Step X03Z 1 N/A 2 N/A 3 N/A 4 N/A 5 N/A 6 N/A 7 N/A 8 N/A 9 N/A 10 N/A 11 N/A 12 N/A 13 N/A 14 N/A 15 N/A 16 N/A 17 52,114.26 Note: All existing employees on are currently on Step 9. New employees will be hired in as Dual Certified positions only, therefore steps 1-8 on the fiscal year 12/13 pay plan and steps 1-16 on the proposed half step pay plan will be eliminated. 12 Attachment B EMT Certification Revised Pay Table Step X301 X401 X501 X601 X701 X801 X901-X904 1 N/A N/A N/A N/A N/A N/A N/A 2 N/A N/A N/A N/A N/A N/A N/A 3 N/A N/A N/A N/A N/A N/A N/A 4 N/A N/A N/A N/A N/A N/A N/A 5 N/A N/A N/A N/A N/A N/A N/A 6 N/A N/A N/A N/A N/A N/A N/A 7 N/A N/A N/A N/A N/A N/A N/A 8 N/A N/A N/A N/A N/A N/A N/A 9 N/A N/A N/A N/A N/A N/A N/A 10 N/A N/A N/A N/A N/A N/A N/A 11 N/A N/A N/A N/A N/A N/A N/A 12 N/A N/A N/A N/A N/A N/A N/A 13 N/A N/A N/A N/A N/A N/A N/A 14 N/A N/A N/A N/A N/A N/A N/A 15 51,339.91 56,351.64 59,108.08 62,002.22 65,041.19 68,231.85 71,582.43 16 52,592.78 57,729.86 60,555.02 63,521.57 66,636.80 69,907.00 73,341.38 17 53,845.64 59,108.08 62,001.95 65,040.92 68,232.40 71,582.15 75,100.32 Note: All existing employees on are currently on Steps 8 and 9. New employees will be hired in as Dual Certified positions only, therefore steps 1-7 on the fiscal year 12/13 pay plan and steps 1-14 on the proposed half step pay plan will be eliminated. 121 Attachment B Dual Certified Positions Revised Pay Table Step DF03 DF04 DF05 DF06 DF07 DF08 1 39,838.23 2 40,745.35 3 41,652.46 44,406.65 4 42,605.52 45,422.72 5 43,558.57 47,560.33 49,762.41 52,073.39 54,499.57 6 44,559.35 48,661.37 50,917.90 53,286.48 55,773.70 7 45,560.13 49,762.41 52,073.39 54,499.57 57,047.82 59,723.34 8 46,610.57 50,917.90 53,286.48 55,773.70 58,385.58 61,128.31 9 47,661.00 52,073.39 54,499.57 57,047.82 59,723.34 62,533.27 10 48,763.82 53,286.48 55,773.70 58,385.58 61,128.17 64,007.91 11 49,866.64 54,499.57 57,047.82 59,723.34 62,532.99 65,482.54 12 51,024.74 55,773.70 58,385.58 61,128.17 64,007.91 67,031.38 13 52,182.83 57,047.82 59,723.34 62,532.99 65,482.82 68,580.21 14 53,399.22 58,385.58 61,128.03 64,007.77 67,031.52 70,206.13 15 54,615.60 59,723.34 62,532.72 65,482.54 68,580.21 71,832.04 16 55,892.47 61,128.17 64,007.63 67,031.38 70,206.40 73,539.42 17 57,169.33 62,532.99 65,482.54 68,580.21 71,832.59 75,246.80 122 Attachment B Paramedic Positions Revised Pay Table Step Z101 5 32,079.93 10 33,675.54 15 35,366.60 Note: All existing employees are currently on Steps 5-15. New employees will be hired in as Dual Certified positions only, therefore steps 1-4 on the pay plan will be eliminated. 123 Attachment B EMS Field Supervisor Revised Pay Table FS01 49,856.77 124 Attachment C Fire Contract Pay Scale Conversion Effective Upon Implementation Employees-Current Step/Status Upon Implementation Step 1 Step 1 Step 2 Step 3 Step 3 Step 5 Step 4 Step 7 Step 5 Step 9 Step 6 Step 11 Step 7 Step 13 Step 8 Step 15 Step 9 Step 17 125 Consent Agenda Item ' , INDIAN RIVER COUNTY, FLORIDA 71 , / DEPARTMENT OF UTILITY SERVICES Date: April 27, 2015 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Ao Subject: Final Pay to Masteller and Moler, Inc., for WO No.3-Central Regional Wastewater Plant Sludge Holding Tank Modifications DESCRIPTIONS AND CONDITIONS: On May 14th, 2013, the Indian River County Board of County Commissioners (BCC) approved Work Order No. 3 for a lump sum amount of$58,135.50 with Masteller and Moler, Inc. (M&M), to provide professional services for the design and construction observation of the sludge holding tank modifications at Central Regional WWTP (CWWTP). ANALYSIS: Now that the construction has been completed satisfactorily, on time and under budget M&M is requesting final payment. To date, M&M has been paid $57,547.53. Payment in the amount of$587.97 as final pay will complete the County's obligation to the consultant. FUNDING: Funds for this project will be derived from the R & R budget in the Operating fund.The operating fund budget is derived from water and sewer sales. Description Account No. Amount CWWTP Sludge Holding Tank Modifications 47123536-044699-13514 $587.97 RECOMMENDATION: Staff recommends BCC approve Final Pay to Masteller and Moler, Inc., in the amount of$587.97. ATTACHMENT(s): Indian River Co. Approved Date 1. Invoice No 1305LF-7 from M&M. Administration 01 APPROVED FOR AGENDA: Legal i�1 Budget By: (0,2 P /3 . (27/')/d, Utilities Utilities-Finance 10. 1#7-- LMr S Joseph A. Baird, County Administrator For: 1220...6, Date F:\Utilities\UTILITY-Engineering\WASTEWATER\WWTF-Central Regional\Central WWTP-Sludge Holding Tank Mod-UCP 4102\Agenda Items\Agenda-Final Pay to M&M 4-27-15.doc 126 RECEIVED Masteller& Moler, Inc. APR 2 8 2015 1655 27th Street x Vero Beach, FL 32960 (772) 567-5300 Attn: Mr. Arjuna Weragoda Proj Name: Central Plant's Sludge Holding Tanks Modifications Proj Code: 1305:LF Proj Desc: Sub-Consultant Structural Engineering Services Invoice Number: 1305LF-7 (Revised) Dated: April 28, 2015 Mr. Arjuna Weragoda Indian River County Utilities 1801 27th Street Vero Beach, FL 32960 Professional Engineering Services For the Billing Period December 1, 2014 to February 28, 2015 Description of Work Performed: Professional Engineering Services to provide construction administration and observation. Professional Engineering Services Fee: $ 6,000.00 Fee for Professional Engineering Services through 2/28/15: $6,000.00 X 100% $ 6,000.00 Less Previous Invoice: 1305LF-1 $ 1,200.00 1305LF-2 $ 612.03 1305LF-3 $ 600.00 1305LF-4 $ 2,100.00 1305LF-5 $ 600.00 1305LF-6 $ 300.00 Total Amount Due This Invoice $ 587.97 gLIV l- 13c) L( 127 Consent Agenda Item INDIAN RIVER COUNTY, FLORIDA 1=_ �'=mo DEPARTMENT OF UTILITY SERVICES Date: April 27, 2015 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Aw Terry Southard, Utility Operations Manager Subject: Final Pay and Release of Retainage for R.J.Sullivan Corp on the Central WWTP Sludge Holding Tank Modifications Project—UCP 4102 Bid No: 2014006 DESCRIPTIONS AND CONDITIONS: On March 11, 2014 the Indian River County Board of County Commissioners (BCC) awarded the contract for the Central WWTP Sludge Holding Tank Modifications to R.J. Sullivan Corporation at a cost of $654,000.00. Notice to proceed was issued on April 10th, 2014 to R.J. Sullivan to start the work at the Central Waste Water Treatment Plant (CWWTP). ANALYSIS: R.J. Sullivan Corporation has completed the tank modifications project satisfactorily, on time and under budget and is requesting a final release of retainage. To date, R.J. Sullivan Corporation has been paid $619,076.17. Payment in the amount of $32,582.95 as release of retainage will complete the County's obligation to the contractor. The project came in $2,340.88 under budget. FUNDING: Funding for the Tank Modifications project at the CWWTP is available in the Utilities R & R budget in the Operating funds. The Operating fund budget is derived from water and sewer sales. 128 ACCOUNT NO: Description Account Number Amount CWWTP Sludge Holding Tank 471-206000-13514 $32,582.95 Modifications-Retainage RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the Final Pay Application No.11 in the amount of$32,582.95 to R.J. Sullivan Corporation. ATTACHMENT(s): 1. Pay Application No. 11 APPROVED FOR AGENDA: / By m^ l 7l 09(z/Ad ( ,t�I : i:t:: Ap roved Date e ministrator ( 1 !sir IS ►�y� Legal r For: ✓' 6 J � ,)0/5 Budget lg V Date Utilities. $s Is Utilities-Finance C 14-31-'6 F:\Utilities\UTILITY-Engineering\WASTEWATER\WWTF-Central Regional\Central WWTP-Sludge Holding Tank Mod-UCP 4102\Agenda Items\Agenda-Final Pay to R14-27-15.doc 12(. 30 00 50 00 �l O• v1 A w N o.D n° O X •N 5 O z "l I 5 o Co n r Oo•w m O O O O z 70 c. O O o O o 13 a• O E. n Ca a -i a D y�y Y z p .4Z _ c 70 11 n 5. a -0 r0 Z rl- r = 5 ° F. r y n - < > 9 a oao r,n0 a � > Z n z ao a Cr 5 „ r, = ° > m $ o n p ;� � � t m -0 -0 c[4no ° n Ana 5. a --I cr. 5. Boaz � � d9 mdm gc- z o r � I O s o c m ti -3 ," y O d 0 O O Y m w O C Z 'A F0 0 S d =3 ' n °, aa --7 dn -3 °Cly D 04 5 o x m � z o a � • ; N = H Z m0 - Di n mn w 7,1 o 5 d [�r Ua v 4 n , D ° 0 g y C m + ' n O [ m C7 C d v, yc co 0 o -0 a o ,3 c„ b 7C0 N —1 r.....N 1 a O z ° D m r a O m g �i C -I -1 g O :(1,: Z �� Fn 4s O •° CT r„., ? -n o n _e ^ 2 z 5- r.-7-1 0 o a ag cp' v^�, R 2 � � 11 3 K 371 3-33 D 3-0 z Z bW V, 0 N !n C 0 0 0 0 -3 M m 0 0 o O 0 N N Z x EA 49 49 4', 45 149 fn Hi 49 49 fn 07 a o m . oPc) N N .° � A A 0n _ w to O SM O O O Z A 00 s OO SM N 0 O O . O O . O __ 00 _ _ _ 0 r---- 0 — O O Co00GN N N 0 IT Z7 'v n W may a Vi a= 0 5 m n0 w 5 0 =5 f 77 Hi m °. N c 5 3 �\ H w oo Z o : ro 00 m . .' -� w Z y. � a ° 5 yyy m p a n 5. C N rn $4. o A '< ,, E y E m p. �' K 7? < .8' c o. om-] , • a O 5. S. y o o H 5 ^ n 73 5. m R c o. ° O n n Z .+t c.n 0 a n ° o. c d 4' 70 4, Q n. = 0 ^3 O O ° m ° co o ° d n F. Z o '. p o d , 5 . (/1 0 fI 5Z^ _ � 0 5' ; iVi 5• o f '� O5 �, 5 co Q mO = ' > w n S1 .__._" O d ' v1 n 7 E 0011‘ 8 O C 3 3.1 N 5" o 4 0 p y 5 ,�,ety, D R 6m hi ... A `° g '� opE. a HII T O o g.5. o wn,a ° w o r4 a m ' ' N ' ap. g d g g H ° m Cr H • • Co tn F ,e d n iiiI _ m or cr 3a. n a oS G. m g t1 Pei, ii til 4 tri SXI a F Q0< "E 130 AM PROJECT NAME: Indian River County Central WWTP Sludge Holding Tank Modifications UTILITIES PROJECT NUMBER: UCP-4102 County Bid No. 2014006 CONTRACTOR: R. J. Sullivan Corp. ADDRESS: 2001 NW 22nd, St, Pompano Beach, FL 33069 Application No. 11 (Final) Period From: February 1, 2015 To: February 28, 2015 ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE A. Original Contract Amount: $ 654,000.00 B. Plus Change Order Additions $0.00 C. Less Change Order Deletions $0.00 D. Adjusted Contract Amount $ 654,000.00 ANALYSIS OF WORK PERFORMED TO DATE 1. Original Contract Work Performed to Date $ 651,659.12 2. Extra Work Performed to Date $ - 3. Total Value of Work Performed to Date to Date $ 651,659.12 4. Plus Stored Material $ - 5. Total Work Performed and Material Stored to Date 100% $ 651,659.12 6. Less 0% Retainage $ 7. Net Amount Earned on Contract after Retainage $ 651,659.12 8. Less Previous Applications for Payment $ 619,076.16 9. Plus: Reduction in Retainage from_%to_% $ - 10. Current Payment Due $ 32,582.96 R J Sullivan Corp. By 4/-1(AX-60--- (Contractor) Robert D. Mullen Title Project Manager Date March 3 , 2015 131 < a• e t • Q00A ▪ x F. 0 14 ... 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Baird, County Administrator THROUGH: Christopher R. Mora, P.E. ' CONSENT AGEND Public Works Director FROM: James D. Gray, Jr. in Coastal Engineer v SUBJECT: Work Order No. 9 CB&I Coastal Planning and Engineering, Inc. Sector 3 Beach Restoration Project 2015 Post Construction Physical Monitoring Services DATE: May 4, 2015 DESCRIPTION AND CONDITIONS On March 19, 2013 the Board approved a contract with CB&I Coastal Planning and Engineering, Inc. (CB&I) for professional coastal engineering services in Indian River County for a two-year term, 2013-2015. On March 17, 2015 the Board renewed the contract until March 19, 2017. CB&I is the selected County consultant for professional physical monitoring services related to the Sector 3 Beach Restoration Project and Sector 3 Dune Repair Project. The proposed Work Order No. 9 provides year 2015 post construction physical monitoring services to document the fill performance of the Sector 3 Beach Restoration Project Area. By Permit, annual Post Construction Physical monitoring is required for 3 years following a large scale beach restoration project. The 2015 monitoring entails the following: • "Year 3" annual post construction physical monitoring of the Phase 2b project area • Immediate post construction physical monitoring for the Sector 3 Dune Repair project area Work Order No. 9 totals a lump sum amount of$52,967. All subsequent annual physical monitoring of the Sector 3 Project area will be addressed through future work orders. F:\Public Works\JamesG\Sector 3\CPE Work Orders\Work Order No.9-2015 Physical Monitoring Sector 3\agenda item Coastal Planning and Engineering Work Order 9 5-12-15.docx 134 Page 2 BCC Agenda Item Sector 3 Beach Restoration May 12, 2014 FUNDING Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue as well as allocation of the One Cent Sales Tax. Funding is budgeted and available for monitoring and of the Sector 3 Beach Restoration project in the Beach Restoration Fund, Sector 3 Post Construction Monitoring Account No.12814472-033490-05054. Additionally, this work order is eligible for 50%state cost through the Florida Department of Environmental Protection Beach Management Funding Assistance Program. RECOMMENDATION The recommendation of staff is for the Board to approve Work Order No. 9 to the contract with CB&I Coastal Planning and Engineering Inc. and authorize the Chairman to sign on behalf of the County. ATTACHMENT CB&I Coastal Planning and Engineering, Inc. Work Order No. 9 (1 original copy) APPROVED AGENDA ITEM FOR: May 12, 2015 Indian River County Appr.ved Date :::t1tb0h1 I () DBY1 i . Legal 4 s-613- -1 Public Works S/'/'J Coastal Eng. Division „D(. sj4IIS F:\Public Works\JamesG\Sector 3\CPE Work Orders\Work Order No.9-2015 Physical Monitoring Sector 3\agenda item Coastal Planning and Engineering Work Order 9 5-12-15.docx 13. WORK ORDER NUMBER 9 SECTOR 3 BEACH AND DUNE RESTORATION PROJECT 2015 POST CONSTRUCTION PHYSICAL MONITORING SERVICES This Work Order Number 9 is entered into as of this day of , 2015 pursuant to that certain Continuing Contract Agreement for Professional Services entered into as of March 19, 2013 ("Agreement"), and amended March 17, 2015, by and between Indian River County, a political subdivision of the State of Florida ("COUNTY") and CB&I Coastal Planning & Engineering f/k/a Coastal Planning & Engineering,Inc. ("CONSULTANT"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit 1, attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit 2, attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit 2, attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT BOARD OF COUNTY COMMISSIONERS CB&I Coastal Plannin1 & En_ineerin_ Inc. OF INDIAN RIVER COUNTY 1 0#1.,, By: •_II..:i.1 By: Gordo 1 . omson,P.E.,D.CE Wesley S. Davis, Chairman Title: Director Attest: Jeffrey R. Smith, Clerk of Court and / Comptroller Date: -6Y1') ! 1-5' By: (Seal)Deputy Clerk Approved: By: s-acBaird,A ty Ad inistrator p A rove s to form d leg.- u II icie• •y: By: ► William K.DeBraal, Deputy County Attorney 136 EXHIBIT 1 CB&I Coastal Planning& Engineering, Inc. 2481 NW Boca Raton Blvd. Boca Raton, FL 33431 Tel: +1 561 391 8102 Fax: +1 561 391 9116 www.CBI.com May 1,2015 James Gray Indian River County Public Works-Coastal Engineering Division 1801 27th St,Building A Vero Beach,FL 32960 Subject: Work Order#9 Indian River County Sector 3 Beach Restoration Project and Dune Repair Project Post Construction Physical Monitoring Services-2015 Dear James: This proposal outlines a scope of work for CB&I Coastal Planning&Engineering,Inc. (CB&I),f/k/a Coastal Planning&Engineering, Inc. to provide services in support of one year of annual physical monitoring to fulfill FDEP and USACE permit requirements of the Sector 3 Beach and Dune Restoration Project constructed between 2010 and 2012 and the Sector 3 Dune Repair Project constructed 2014/2015. This proposal also includes a third party peer review of the UMAM Analysis performed by CSA,and if necessary,quantification of hardbottom impacts. The 2015 Physical Monitoring Services entails the following: • "Year 3"annual post construction physical monitoring of the Phase 2b project area(R-20—R-26+500), • Immediate post-construction physical monitoring for the Sector 3 Dune Repair Project Area(R-24—R- 55). Physical Monitoring Report The Indian River County Sector 3 Beach Restoration Project and Dune Repair Project were constructed under permitting authority of the Florida Department of Environmental Protection (FDEP) and United States Army Corps of Engineers(USACE). These permits(FDEP permit No. 0285993-001-JC,FDEP permit modification No. 0285993-008-JN, USACE permit SAJ-2007-01645, and USACE permit modification SAJ-2007-01645(MOD- AWP)) contain permit conditions pertaining to construction and post-construction periods. FDEP permit condition 56 (d)requires an engineering report be submitted to the FDEP within 90 days following completion of each post-construction survey. We understand that Morgan & Eklund will perform the physical monitoring from R-30 to R-60, and be responsible for certifying the survey data and submitting a survey report to the FDEP. Land & Sea Surveying Concepts, Inc.,via a separate contract with the Sebastian Inlet District,will perform the physical monitoring from R-20 to R-30. They will certify the survey data and submit a separate survey report to the FDEP. CB&I will review both data sets to ensure that it conforms to the standards required by the FDEP physical monitoring plan. CB&I will notify the County of any issues with the survey data and will participate in a conference call with the County, Morgan&Eklund,and Land& Sea Concepts to discuss any issues. 131 031 CB&I will develop an engineering report that discusses the performance of the beach fill project. We will analyze shoreline and volumetric changes throughout the project area, identifying erosion and accretion patterns. The results will be analyzed for patterns, trends or changes between annual surveys as well as cumulatively since construction. The project was constructed in three phases and the analysis will account for the phased construction. Furthermore,the report will compare the project performance to the stated design. Plots of the survey profiles, and graphical representations of volumetric and shoreline positions for the monitoring area will be presented. Summary tables of the shoreline and volumetric changes will be presented, again looking at individual and cumulative shoreline and volumetric changes. Volumetric changes will be calculated above +6.0 feet NAVD; MHW to+6.0 feet, NAVD; -5.0 feet,NAVD to MHW; and-12.0 feet to -5.0 feet,NAVD; and landward of the approximate edge of hardbottom. The volumetric analysis will be performed similar to the 2014 report to avoid introducing error in the calculations due to the nearshore hardbottom. CB&I will collect aerials of the project area as discussed more fully later in this scope of work. The aerials will be collected from R-15 through R-60. Plots of hardbottom change and shoreline position will be overlaid on the aerials and included in the report appendix. The FDEP approved physical monitoring plan permit modification requires that sand samples be collected during summer months coincident with the immediate post-construction monitoring event at four beach profile transects (R-22, R-30, R-41 and R-52). Although sand was only placed between R-24 and R-55 during the Dune Repair Project, all four transects will be sampled and analyzed for completeness and comparison with past data sets. Five samples will be collected and analyzed along each transect (toe of dune, mid-berm, MHW, MLW, and -3 feet,NAVD)for a total of 20 samples analyzed. We understand that Morgan& Eklund will collect these samples and ship them to us for analysis. CB&I has a certified laboratory required by FDEP standards to analyze beach samples. We will follow the FDEP protocols for sieving the samples using 20 sieves ranging in size from -4.25 phi to+4 phi at '/2 phi intervals. A cumulative frequency distribution and frequency distribution histogram will be presented along with a sediment analysis summary sheet providing descriptive statistics, compositional results, percent fines and Munsell Color. The grain sizes will be compared to previous sediment samples to gauge any changes in grain size or color. Deliverables CB&I will submit a draft of the report of the County for review and comment. This will be submitted electronically (PDF and MS Word formats). CB&I will incorporate comments from the County and revise the report accordingly. CB&I will then submit an electronic copy to the FDEP. CB&I will submit one hard copy and one electronic copy(PDF)to the County. Required Data To perform the physical monitoring evaluation,CB&I will need the following data: • Survey data in x,y,z format collected in summer of 2015. • Sand samples collected in summer of 2015. • Shape file or Auto CAD file of the landward edge of hardbottom mapped in summer of 2015. 138 Schedule The draft monitoring report will be completed within 60 days of receipt of the survey data and sand samples from Morgan & Eklund or the landward edge of hardbottom data from CSA International, whichever is later. We estimate that the county will review and provide comments on the document within 2 weeks. CB&I will revise the report, incorporate the County's comments, and submit a final report to the County and FDEP within 2 weeks of receipt of the County's comments. The goal is to submit the final report to the FDEP within 90 days of receipt of the required data. Assuming that data is provided by August 31, we estimate submittal of a final report by November 31,2015. Cost The cost of the monitoring report, excluding the aerial collection is $35,057.00. A breakdown of the hours and expenses to develop these costs is attached and follow the provisions of the Professional Coastal Engineering Services Agreement(dated March 19, 2013)and Contract Renewal(dated March 17,2015),between Indian River County and CB&I. Rectified Aerial Photographs Aerial photographs are required per FDEP special permit condition 53 and 56(c) for the primary purpose of mapping and quantifying exposed nearshore hardbottom and natural/artificial reefs. CB&I will have aerials collected that follow BBCS Monitoring Standards for Beach Erosion Control Projects, Section 02100 — Environmental Aerial Photography Acquisition. Controlled, flight-dated, color vertical aerial photographs will be taken from Indian River County FDEP range monuments R-15 through R-32, inclusive. Collection of the aerial photography will be timed so as to collect the aerials concurrently with the post-construction surveys. CB&I will rely on Indian River County to notify us as to when these surveys are being performed. The flight will be conducted on an incoming tide and when there is sufficient visibility in coastal waters to capture nearshore hardbottom. Film will be selected to provide the best possible images in the greatest possible water depths. Photography will be obtained during morning hours with cloud cover at less than 10%, and in order to minimize glint, the flight window shall occur when the sun angle is between 15 to 30 degrees to the horizon. If, during the flight, weather conditions deteriorate to the point that the purposes of the flight can not be met, or the five flight conditions are not satisfied, the flight will be aborted and flown at a later date when conditions are satisfactory. The photography will employ the use of a precision Zeiss RMK/A cartographic camera(or equal) calibrated by the US Geological Survey. The camera will be equipped with a data block, which will record the lens number, calibration, focal length of the lens, altitude,date, and time. The photographs will be color aerial photography and georeferenced digital imagery with the following specifications: 1. A minimum 60% overlap with each adjacent photograph and a ratio of 50% land and 50% ocean (2000' and 2000')on the horizontal. 139 CBI 2. The image will be clear and sharp in detail, free from clouds, shadows or any other blemishes that would render the image as uncertain for mapping rock and reef features as far offshore as possible and no less than-15 feet,NAVD. 3. Each frame will contain: i. time of day clock in standard time, ii. altimeter reading, iii. exposure counter, iv. camera identification number, v. lens focal length in mm,and vi. the plate ID number. Necessary ground control will be extracted from existing imagery sources and used in combination with collected ABGPS to rectify this imagery. It is assumed that previous control points can be used and have been previously surveyed. No additional field work is included in this proposal. Deliverables CB&I will provide the following deliverables: 1. Two sets of color 9"x9"photography from R-15 to R-32(one for the County and one for FDEP). 2. Camera Calibration report for camera used for this task contained on the CD-ROM. 3. Individual orthorectified frames of each project and reference in an uncompressed Geotiff format stored on CD-ROM or DVD with associated world files. 4. JPEG of mosaicked images. Required Data CB&I may require additional survey points to rectify the images. We are proposing to sub-contract Aerial Cartographics of America(ACA), who previously performed the work, and they should have sufficient historic survey points to rectify the images. However, additional survey points may be required. Typically, the Public Works Department will have surveys that can be used to rectify aerial images avoiding additional field work. Schedule We will attempt to time collection of the aerials to coincide with collection of the survey data. Final deliverables related to the aerials will be submitted within 30 days of collection of the aerials. Cost The cost to collect the aerials and rectify the images is $15,805.00. A breakdown of the hours and expenses to develop these costs is attached and follow the provisions of the Professional Coastal Engineering Services Agreement(dated March 19, 2013)and Contract Renewal (dated March 17, 2015), between Indian River County and CB&I. 141 Third Party Review of UMAM We understand that Continental Shelf Associates (CSA) will be performing a Uniform Mitigation Assessment Method (UMAM) evaluation for the Sector 3 Beach and Dune Restoration Project. The UMAM rule (Chapter 62-345, F.A.C.) went into effect on February 2, 2004 and is used by the FDEP to determine the amount of mitigation needed to offset adverse impacts to wetlands and other surface waters and to determine mitigation bank credits awarded and debited. A CB&I biologist will evaluate the UMAM analysis to ensure it was prepared in accordance with FDEP guidelines and instructions contained in rule 62-345, F.A.C. CB&I will prepare a summary of their findings from this review to be submitted to the County. CB&I will participate in a conference call with the County and CSA to discuss any issues identified during our review. Required Data Electronic data(preferably GIS database)may be required to quantify changes in hardbottom area. Schedule Initial comments for the third party peer review of the UMAM analysis will be submitted within 2 weeks of receipt of the analysis and report. Cost The cost of the third party peer review of the UMAM is $2,105. A breakdown of the hours and expenses to develop these costs is attached and follow the provisions of the Professional Coastal Engineering Services Agreement(dated March 19, 2013) and Contract Renewal (dated March 17, 2015), between Indian River County and CB&I. Summary The total lump sum cost of this task order is$52,967.00. We appreciate the opportunity to work with Indian River County on this effort. Please call me if yo ave any questions. Sincerely, Gordon G.Thomson,P.E.,D.CE Director CB&I Coastal Planning&Engineering,Inc. cc: David Swigler, CB&I Tom Pierro,CB&I Sheri Dinidal,CB&I Ann Range,CB&I 141 0 0 0 Ci. 0 0 0 „ o `o O N) O N W �) tpp d M .f O O COCO 4- at m m O N N CD N N 4 N UU 2 a` Cu 0 I- 4.•• N N 49 44N M N 44 44 M 0 O O o S S o O O O O g' oo O O O O 0 o O 0 O O O O O 0 Uci') .on 0) o ci n o o To CO o s{ 0 CO CO m 0 N N 40 N N .U- N N I- 10 49 69 19 69 49 W 49 69 /9 49 N 0 Q > > A W F CC .n O 0- 49 69 69 49 /9 69 W 19 19 N N 0 0 d V) L 01 49 w w w 44 w w w 44 44 44 . M r 4; 0 0 0 No o .. . , o 6 . . . . 69 1.) N N CO 5 a N W o d li;15 i0 CO a Ay,/ - o N =' V/ f9 (9 19 19 69 44 f9 44 f9 l9 M o o V I reit X W W m CO d E C W ZZ ° N d N CO a acF- J 3 W Zs c U a ., W CO L i+ C O 0_ 69 (9 V) 69 CO 69 69 49 06 vs N O 2 V Ce a .O 0 cic g n`. E 12$ m o '^ H 0 V! 0 t) e9 49 06 44 09 W 44 44 69 49 44 0 0 0 0 0 0 0 0 „ O O O U) O N O v) N U) .n 0) W 0 O 0) G M V V' 0 U) .0 N N N N N 0- N OO CO co J 19 69 19 19 Vl (9 M b9 f9 M N o C s pmo a) m o E E u) i. o co md 2 m 3 P d o o 2 m .E, > u) 0 0111106. , . 8 U . 402k m 2 d CO CO CO CO CT) Fes- 0 CO 0 Ci g m w co E O U (1111111 iii- 14; INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E. (/ CONSENT AGEND Public Works Director FROM: James D. Gray, Jr. D(_ Coastal Engineer V SUBJECT: Work Order No. 2 Morgan & Eklund, Inc. 2015 Beach Profile Monitoring Surveys DATE: May 5, 2015 DESCRIPTION AND CONDITIONS On October 1, 2013, the Board approved a contract with Morgan & Eklund, Inc. (M&E) for Professional Land Surveying and Mapping Services for a one-year term. On October 7, 2014 the Board renewed the contract until September 30, 2015. M&E is the selected County Consultant for professional onshore/offshore hydrographic surveying services. The proposed Work Order No. 2 provides annual hydrographic surveying (beach profile) services for the Sector 3 and Sector 7 Beach Restoration Projects and additional surveying to complete a 2015 countywide (22.4 miles) monitoring program. Beach profile surveys are necessary to identify shoreline and volumetric changes throughout the County. All onshore and offshore beach profile surveys are conducted along The Florida Department of Environmental Protection (FDEP) Range Monuments at approximately 1,000 foot intervals. For project tracking purposes, Work Order No. 2 is divided into three (3) separate tasks. Task 1: 2015 Sector 3 Beach and Dune Restoration Project Post Construction Monitoring Survey By Permit, annual Post Construction hydrographic surveying is required to assess the performance of the Sector 3 Beach and Dune Project area. Task 1 includes all surveying (5.8 miles) required to complete the 2015 physical monitoring of the Sector 3 Beach and Dune Project area. Task 1 totals a lump sum amount of$17,825. Task 2: 2015 Sector 7 Post Construction Monitoring In the spring of 2007, the County completed construction of the Sector 7 Beach Restoration Project. The County has completed all Permit required post construction monitoring for the Sector 7 Project. However, hydrographic surveys of the project area have continued annually to determine the long term performance of the project. Task 2 includes all surveying (2 miles) required to continue the annual monitoring of the Sector 7 Beach Nourishment Project. Task 2 totals a lump sum amount of$6,900. F:\Public Works\JamesG\Sector 3\Morgan and Eklund Work Orders\Scope of Work 2015-Work Order No.2\agenda item--WO No.2--Morgan and Eklund Surveying 2015.docx 142 Page 2 BCC Agenda Item May 12, 2015 Task 3: 2015 Countywide Beach Monitoring For the shoreline outside of the Sector 3 and Sector 7 beach projects, countywide beach profile surveys are necessary to identify areas of chronic beach erosion and determine if infrastructure may be vulnerable to storm damage. The beach profile surveys will then be used to determine appropriate projects to mitigate erosion as identified in the County Beach Preservation Plan. Task 3 includes the remaining countywide (9 miles) beach profile surveys. Task 3 totals a lump sum amount of$27,025. Please note: The Sebastian Inlet District (District), as part of their Inlet Management Plan, conducts beach profile surveys along the northern 5.6 miles of the County. The District continues to partner with the County and has agreed to provide their certified 2015 beach profile survey data to the County, resulting in a total savings of approximately $16,500. Following completion of the services stated above, Indian River County will have a complete 2015 countywide beach profile survey along the entire 22.4 miles of County shoreline. Summation of all the Tasks under Work Order No. 2 totals a lump sum amount of$51,750. FUNDING Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue as well as allocation of the One Cent Sales Tax. Funding for Work Order No. 2 will be provided from three (3) separate accounts. Task 1: 2015 Sector 3 Beach and Dune Restoration Project Post Construction Monitoring Survey Funding for Task 1 is budgeted and available for monitoring of the Sector 3 Beach Restoration Project in the Beach Restoration Fund, Sector 3 Beach Post Construction Monitoring Account No. 12814472-033490-05054. Task 1 totals a lump sum amount of$17,825. Task 2: 2015 Sector 7 Post Construction Monitoring Funding for Task 2 is budgeted and available for monitoring of the Sector 7 Beach Restoration Project in the Beach Restoration Fund, Sector 7 Beach Preservation Monitoring Account No. 12814472-033490-05079. Task 2 totals a lump sum amount of$6,900. Task 3: 2015 Countywide Beach Monitoring Funding for Task 3 is budgeted and available for countywide beach surveys in the Beach Restoration Fund, Other Professional Services Account No. 12814472-033490-01024. Task 3 totals a lump sum amount of$27,025. F:\Public Works\JamesG\Sector 3\Morgan and Eklund Work Orders\Scope of Work 2015-Work Order No.2\agenda item--WO No.2--Morgan and Eklund Surveying 2015.docx 144 Page 3 BCC Agenda Item May 12, 2015 RECOMMENDATION The recommendation of staff is for the Board to approve Work Order No. 2 to the Professional Land Surveying and Mapping Services contract with Morgan and Eklund, Inc. and authorize the Chairman to sign on behalf of the County. ATTACHMENT Morgan and Eklund, Inc. Work Order No. 2 (1 original copy) APPROVED AGENDA ITEM Indian River County Approved Date FOR: May 12, 2015 +;Y, �'�� Administration l BY: V1&J/I Budget /45 Legal Public Works l/ "-� 5/S1i.c Coastal Eng. Division LOL 5)5i15 F:\Public Works\JamesG\Sector 3\Morgan and Eklund Work Orders\Scope of Work 2015-Work Order No.2\agenda item--WO No.2--Morgan and Eklund Surveying 2015.docx 14, Board of County Commissioners Administration- Building A 1801 27th Street Vero Beach,Florida 32960 Telephone: (772) 567-8000 FAX: 772-778-9391 Project: 2015 Countywide Beach Profile Monitoring Surveys WORK ORDER NO. 2 (Hydrographic Surveying) FOR PROFESSIONAL SERVICES AGREEMENT ANNUAL SURVEYING and MAPPING/GIS SERVICES WITH MORGAN AND EKLUND, INC In accordance with Contract No. 1333 2014-2015 This Work Order No. 2 is in accordance with the existing AGREEMENT dated October 1,is Work 2014 between Morgan and Eklund, Inc., (SURVEYOR) and Indian River County (COUNTY); Order No. 2 amends the agreement as follows: SECTION I — PROJECT LIMITS This Work Order No. 2 is for the SURVEYOR2015 to performCalarelatedeaheld and office Prof le Monitoring eSurveys; ying and Mapping services in connection with theCountywide Florida Department of Environmental Protection Reference Monuments R-30 — R-119. SECTION ii -SCOPE OF SERVICES nal As agreed upon between SURVEYOR and SOUa outlinedks iY, the n YOR Work Order No. 2shall provide Pspecfi�ally Land Surveying services to complete all to detailed in the attached proposal Exhibit A. SECTION III —TIME FOR COMPLETION & DELIVERABLES/WORK PRODUCT 1. Project shall be completed as follows: a. 100% "Paper" review submittal (final review prior to request for final deliverables) shall be made within 90 calendar days of receipt of Notice to Proceed for review by County Staff prior to preparing the final submittal package. b. Time of FINAL project completion shall be within 10 calendar days of receipt of the County's review comments from the 100% "Paper Submittal". F:\Public Works\JamesG\Sector 3\Morgan and Eklund Work Orders\Scope of Work 2015-Work Order No. 2\2015 Countywide Beach 1 Profile Monitoring Surveys--WO signature page.docx IRC Work Order No.2 Morgan and Eklund,Inc 2015 Countywide Beach Profile Monitoring Surveys May 4,2015 Page 3 of 3 The AGREEMENT is hereby amended as specifically and effect, saet forth herein. tell remaining sections of the AGREEMENT shall remain in full force erein. IN WITNESS WHEREOF the parties hereto have executed these presents this day of 2015. OWNER Morgan and Eklund, Inc. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA ( Apip iir .....--- A (Signature) (Sign `11,, Wesley S. Davis, Chairman John R. Morgan, President (Printed name and title) Approved by BCC ATTEST: Witnessed by: Jeffrey R. Smith, Clerk of Court and Comptroller (Seal) Deputy Clerk (Signat - Approved: 0 2 1 . •seph , Baird, COUNTY Administrator 4 Approved as to Form and Legal Suffi iency: / .Ad ,/.4 lfg/ / illiam K. DeBraal, Deputy COUNTY Attorney CAUsers\john\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\EMLK3I16\2015 Countywide 1 Beach Profile Monitoring Surveys--WO signature page.docx IRC Work Order No.2 Morgan and Eklund, Inc 2015 Countywide Beach Profile Monitoring Surveys May 5,2015 Page 2 of 3 2. Deliverables -The SURVEYOR shall provide the COUNTY: a. 100% Phase Submittal for COUNTY review and comment. All submittals shall include one (1) paper"hardcopy" along with AutoCad Files and an ASCII file for all survey points. COUNTY shall strive to provide review comments within 10 calendar days of the preliminary submittal. b. FINAL Deliverables, one (1) paper"hardcopy" signed and sealed sets. Sheeted and model space (as applicable) AutoCad drawing file in release 2004 through 2009, PDF formats and an ASCII file for all survey points, all electronic files to be on CD. c. Survey set/sheets shall include a cover sheet with location sketch, survey certifications, related title and project number, survey notes, legend and abbreviations and plan view sheets. d. Work Product and digital versions are to be prepared and submitted so that the COUNTY or other consultants can readily use it for the design and analysis of the area, as defined. It shall contain all information necessary for third-party surveyor to independently recreate and/or utilize the survey work. It is acknowledged all final products become property of Indian River COUNTY and will be available for use by the public at large. e. The SURVEYOR'S work product shall meet or exceed the minimum standards as defined by Sections II, III and IV or the COUNTY will not approve the SURVEYOR'S request for payment. SECTION IV— COMPENSATION The COUNTY agrees to pay, and the SURVEYOR agrees to accept, for the above described services rendered as identified in Sections I, II, and III of this Work Order No. 2, for a total lump sum fee of$51,750. All and/or any additional services not described hereon shall be pre-approved by the COUNTY. Approved additional services shall be invoiced at the rates disclosed in the approved fee schedule with the SURVEYOR for the contract year(s) of October 1, 2014 through September 30, 2015. All invoicing shall include Work Order No. 2 (WO 2), Contract Number (1333). Payments shall be in accordance with the original Professional Surveying and Mapping Services Agreement, Contract No: 1333 with the COUNTY and as stated in Section II, III and IV hereon. 148 F:\Public Works\JamesG\Sector 3\Morgan and Eklund Work Orders\Scope of Work 2015-Work Order No.2\2015 Countywide Beach Profile Monitoring Surveys--WO signature page.docx EXHIBIT A • MORGAN & EKLUND INC. PROFESSIONAL SURVEY CONSULTANTS April 30,2015 Indian River County Attn: Mr. James Gray,Jr. Coastal Engineer 1801 —27th Street,Building A Vero Beach,Florida 32960 RE: 2015 Indian River County Coastal MonitoringeSurvey; Onshore/Offshore Profiles along n FDEP Range Lines R-30 to R-119 (90 Lines) Dear James: Morgan& Eklund, Inc. is pleased to provide you with the following proposal to furnish professional land and hydrographic survey services for the above referenced project. Beach profiles will include R-30 through R-119,a total of(ninety) 0 beach profile Morgan&Eklund,Inc.wlines.Aldall collet cted thewill be in accordance with the FDEP-approved Physical Monitoring Plan. by County with beach profile data in ASCII file format th drawinether with gs and reports completed in AugoCAD drawings siu t 2015 the surveyor. The survey will be performed in June 2015 w Additionally,the landward occurrence of rock outcroppngs willes be idspefteded along each profile line together with collecting sand samples along seventeen(17)profile In accordance with the scope of work as provided, 1 estimate our costs to be as follows: 1. 2015 Sector 3 Beach and Dune Restoration Project Post Construction Monitoring Survey (R-30 to R-60) 31 Onshore/offshore $17,825.00 profile lines @$575/line II. 2015 Sector 7 Post Construction Monitoring(R-97 to R-108) 12 Onshore/Offshore $ 6,900.00 profile lines @$575/line III. 2015 Countywide Beach Monitoring(R-61 to R-96 and R-109 to R-119) 47 onshore/offshore $27,025.00 profile lines @$575/line Total Cost I-III $51,750.00 As ahvays, Morgan& Eklund, Inc. is looking forward to working with you and Indian River County on this project. 411F'k_* 111114* vir Joid Morgan,II, PL Pi •ent JRM:sm 8745 U.S.HIGHWAY 1,P.O.BOX 701420,WABASSO,FL 32970-1420*PHONE:(772)388-5364•FAX:(772)388-3165•jmorgana morganeklun .com 1500 S.E.COURT,SUITE 110,DEERFIELD BEACH,FL 33441 •PHONE:(954)421-6882•FAX:(954)421-0451 •pvoute@morganeklund.com 1 CONSENT INDIAN RIVER COUNTY, FLORIDA 77,--r— MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director THROUGH: Christopher J. Kafer, Jr., P.E., County Engineer FROM: Michael D. Nixon, P.E., Roadway Production Manager 7)7 SUBJECT: Award of Bid No: 2015037 20th Avenue and 16th Street Intersection Improvements IRC Project No. 0225 DATE: May 1, 2015 DESCRIPTION AND CONDITIONS In 2013,the Board of County Commissioners approved the Capital Improvement Element of the Comprehensive Plan to provide funding for intersection improvements to 20th Avenue at 16th Street. The work will include a re-alignment of 20th Avenue with the addition of north bound and south bound left turn lanes. Currently, the left through lanes drop into left turn lanes in both directions. This improvement will provide two through lanes and separate left turn lanes in both directions on 20th Avenue. Drainage box culvert extensions will be required within the Indian River Farms Water Control District Lateral E Canal that runs through the center of the median on 20th Avenue.This improvement will greatly improve the safety and capacity of the intersection. The bid opening was held on April 29, 2015. Three (3) bids were received and opened. A detailed bid tabulation is on file and available for viewing in the County Engineering Division. Bid totals are as follows: Timothy Rose Contracting, Inc. Vero Beach, Florida $1,112,457.78 Community Asphalt Vero Beach, Florida $1,287,574.38 Sunshine Land Design, Inc. Stuart, Florida $1,412,613.28 Timothy Rose Contracting, Inc. is considered to be the lowest, responsive, responsible bidder for the project with a bid totaling$1,112,457.78. Timothy Rose Contracting, Inc. has completed various construction projects for the County and has consistently performed work in a satisfactory manner. Timothy Rose Contracting, Inc.'s bid of $1,112,457.78 was below the Engineer's estimate of$1,230,275.60. 15( F:\Public Works\ENGINEERING DIVISION PROJECTS\0225 20th Ave and 16th St Intersection Improvement\Admim\agenda items\BCC Award of Bid-Timothy Rose 5-12-15.doc Page 2 20th Avenue and 16th Street Intersection Improvements Michael D. Nixon., P.E., Roadway Production Manager For May 12, 2015 BCC Meeting FUNDING Funding is budgeted and available from Optional Sales Tax, Account No. 31521441-066510- 05032, for 16th Street/ 20th Avenue Intersection in the amount of$1,112,457.78. RECOMMENDATION Staff recommends that the project be awarded to Timothy Rose Contracting, Inc., in the amount of$1,112,457.78 and requests that the Board of County Commissioners approve the attached sample agreement and authorize the Chairman to execute said agreement after receipt and approval of the required Public Construction Bond and Certificate of Insurance and after the County Attorney has approved the agreement as to form and legal sufficiency. ATTACHMENTS Sample Agreement DISTRIBUTION Timothy Rose Contracting, Inc. Indian River County Approved Date APPROVED AGENDA ITEM Administration ft% ,j/7 i.5Budget �/ 5/6 �� FOR May 12, 2015 Legal v� ✓ 4 �� BY 1%i i I / J '/• •G Public Works Engineering Purchasing 51b(ir 151 F:\Public Works\ENGINEERING DIVISION PROJECTS\0225 20th Ave and 16th St Intersection Improvement\Admim\agenda items\BCC Award of Bid- Timothy Rose 5-12-15.doc SECTION 00520 -Agreement(Public Works) TABLE OF CONTENTS Title Page ARTICLE 1 -WORK 2 ARTICLE 2 -THE PROJECT ! ';a4: 2 ARTICLE 3—ENGINEER `4<--:, 2 1-. ARTICLE 4- CONTRACT TIMES kFa , ,1 2 A,,wft.". 5 :, r ,,- ARTICLE 5-CONTRACT PRICE' " , . `' ARTICLE 6-PAYMENT PROCEDURES z 3 - 1 . ARTICLE 7-INDEMNIFICATION 5 ARTICLE 8-CONTRACTOR'S REPRESENTATIONS 5 ARTICLE 9- CONTRACT DOCUMENTS 6 ARTI c 'E 10-MISCELL. ,.._-, }'I US 7 4 8 ::�-"C Y��hk tr Y��i_ [TtIE RE DEI OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] P4.v?: l f" K 47v` 00520-Agreement(Public Works)REV 04-07 SAMPLE 00520-1 152 F:\Public Works\ENGINEERING DIVISION PROJECTS10225 20th Ave and 16th St Intersection Improvement\Admim\bid documentatMaster Contract Documents\00520- Agreement(Public Works)REV 04-07 SAMPLE.doc SECTION 00520 -Agreement (Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: 4 59: ARTICLE 1 - WORK . 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The project will consist of the reconstruction of 20th Avenue to add turns lanes and correctly align all new lanes and the extension of the box culverts in the Indian River Farms Water Control District Lateral "E"Canal. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: 20th Avenue & 16th Street Intersection Improvements County Project Number: 0225 Bid Number: 2015037 Project Address: 20th Avenue & 16th Street Intersection, Vero Beach, Florida 32960 ARTICLE 3 — ENGINEER 3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 90th 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 00520-Agreement(Public Works)REV 04-07 SAMPLE 00520-2 153 F:\Public Works\ENGINEERING DIVISION PROJECTS\0225 20th Ave and 16th St Intersection Improvement\Admim\bid documents\Master Contract Documents100520- Agreement(Public Works)REV 04-07 SAMPLE doc 14.07 of the General Conditions on or before the 120th calendar day after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not 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 will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $1,742.00 for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $1,742.00 for each calendar day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.B, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract:: Numerical Amount: $ Written Amount: ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. 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 00520-Agreement(Public Works)REV 04-07 SAMPLE 00520-3 154 F:\Public Works\ENGINEERING DIVISION PROJECTS\0225 20th Ave and 16th St Intersection Improvement\Admim\bid documents\Master Contract Documents\00520- Agreement(Public Works)REV 04-07 SAMPLE.doc (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 the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 6.03 Pay Requests. A.Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) - `' CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the 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. 00520-Agreement(Public Works)REV 04-07 SAMPLE 00520-4 155 F.Public Works\ENGINEERING DIVISION PROJECTS\0225 20th Ave and 16th St Intersection ImprovementlAdmim\bid documents\Master Contract Documents100520- Agreement(Public Works)REV 04-07 SAMPLE.doc ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. 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 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. 00520-Agreement(Public Works)REV 04-07 SAMPLE 00520-5 156 F:\Public Works\ENGINEERING DIVISION PROJECTS10225 20th Ave and 16th St Intersection ImprovemenhAdmimlbid documents\Master Contract Documents100520- Agreement(Public Works)REV 04-07 SAMPLE doc I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: K r 1. This Agreement `2 g (pages 00520-1 to 00520-9, inclusive); ,�A��_ 4`�: 2. Notice to Proceed (page 00550-1); 3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive); 4. Sample Certificate of Liability Insurance (page 00620-1); , =< 5. Contractor's Application for Payment (pages 00622-1 to 00622-6 inclusive); 6. General Conditions (pages 00700-1 to 00700-45, inclusive); 7. Supplementary Conditions (pages 00800-i to 00800-11, inclusive); 8. Specifications as listed in Division 1 (General Requirements) and Division 2 (Technical Provisions; 9. Drawings consisting of a cover sheet and sheets numbered 1 through 38, inclusive, with each sheet bearing the following general title: 20th Avenue & 16th Street Intersection Improvements and drawings consisting of a cover sheet and sheets numbered C-1 and S-1 through S-9, inclusive with each sheet bearing the following general title: Box Culvert Extensions and Endwalls for 20th Avenue and 16th Street Intersection Improvements; 10. Addenda (numbers to , inclusive); 11. Appendices to this Agreement (enumerated as follows): Appendix A— Permits; Appendix B— Indian River County Fertilizer Ordinance; 12. CONTRACTOR'S BID (pages 00310-1 to 00310-8 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-Agreement(Public Works)REV 04-07 SAMPLE 00520-6 157 F:\Public Works\ENGINEERING DIVISION PROJECTS\0225 20th Ave and 16th St Intersection ImprovementkAdmim\bid documents\Master Contract Documents\00520- Agreement(Public Works)REV 04-07 SAMPLE.doe 16. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive); 17. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); 18. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; rte'. c) Change Order(s). 19. Contractor's Final Certificate of the Work (page 00632-1 to 00632-2 of the Specifications). ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the 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 "ip 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. 10.04 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 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 00520-Agreement(Public Works)REV 04-07 SAMPLE 00520-7 158 F'.\Public Works\ENGINEERING DIVISION PROJECTS\0225 20th Ave and 16th St Intersection Improvement\Admim\bid documents\Master Contract Documents\00520- Agreement(Public Works)REV 04-07 SAMPLE.doc 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 that ordinarily and necessarily would be required by the County in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the Contractor upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. B. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. w; �-t fin:r ,..�• •�;-a�7s. .14 f? . 'fes fy. Str. YF. [The remainder of this page was left blank intentionally] 00520-Agreement(Public Works)REV 04-07 SAMPLE 00520-8 159 F:\Public Works\ENGINEERING DIVISION PROJECTS\0225 20th Ave and 16th St Intersection Improvement\Admim\bid documents\Master Contract Documents\00520- Agreement(Public Works)REV 04-07 SAMPLE.doc IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 20 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: By: Wesley S. Davis, Chairman (Contractor) By: (CORPORATE SEAL) Joseph A. Baird, County Administrator ,K-. V<r ?3'` ` A est .... APPROVED AS TO FORM AND LEGAL SUFFICIENCY: • VE.F;k:e: By: .,x• Dylan Reingold, County Attorney Address for giving notices: Jeffrey R. Smith, Clerk of Court and Comptroller7. '< „. License No. Attest: (Where applicable) Deputy Clerk (SEAL) Agent for service of process: Designated Representative: Name: Christopher J. Kafer, Jr., P.E. Designated Representative: Title: County Engineer Name: 1801 27th Street �,.. Title: Vero Beach, Florida 32960 Address: (772) 226-1221 Facsimile: (772) 778-9391 Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION * * 00520-Agreement(Public Works)REV 04-07 SAMPLE 00520-9 160 F:\Public Works\ENGINEERING DIVISION PROJECTS\0225 20th Ave and 16th St Intersection Improvement\Admim\bid documents\Master Contract Documents\00520- Agreement(Public Works)REV 04-07 SAMPLE.doc CONSENT INDIAN RIVER COUNTY, FLORIDA 7 I, MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director Cv-"-" FROM: Christopher J. Kafer,Jr., P.E., County Engineer SUBJECT: Change Order No. 1 and Release of Retainage 69th Street Bridge over the Indian River Farms Water Control District (IRFWCD) Lateral G Canal IRC Project No. 1363 DATE: April 28, 2015 DESCRIPTION AND CONDITIONS On October 14,2014,the Board of County Commissioners awarded Bid No.2014045 in the amount of $224,228.88 to Melvin Bush Construction, Inc. for improvements that included the removal of the existing 2-lane bridge on 69th Street over the IRFWCD Lateral G Canal and replacement of the existing bridge with a 96"reinforced concrete pipe(RCP)culvert. Also included with the project is installation of a 60" RCP culvert in the IRFWCD Sub-lateral G-4 canal. The project has been completed and Change Order No. 1 is to make final adjustments to bid line items to decrease the total contract by $33,658.44 for a final contract price of$190,570.44. Melvin Bush Construction, Inc. has been paid $181,041.92 to date,with$9,528.52 held in retainage. Melvin Bush Construction, Inc.has submitted Contractor's Pay Application No.3 Final in the amount of$9,528.52 for release of retainage. FUNDING Funding for Melvin Bush Construction, Inc. Pay Application No.3 Final is budgeted and available from the following Optional Sales Tax Retainage,Account No.315-206000-14011,69th Street Bridge in the amount of$9,528.52. RECOMMENDATION Staff recommends approval of Change Order No. 1 to Melvin Bush Construction, Inc.,decreasing the contract to$190,570.44 and of Melvin Bush Construction, Inc.Contractor's Application for Payment No. 3 in the amount of$9,528.52 for release of retainage. 161 F:\Public Works\ENGINEERING DIVISION PROJECTS1363-69th St Bridge(4 Lal 0 Canal-Culvert Install\Admin'agenda itenis\BCC Agenda CO I and Release Retainage.doc Page Two Change Order No. 1, Final Pay & Release of Retainage 69th Street Bridge For May 12, 2015 ATTACHMENTS 1. Change Order No. 1 2. Description of Itemized Changes 3. Melvin Bush Construction, Inc. Contractor's Application for Payment No. 3 DISTRIBUTION 1. Melvin Bush Construction, Inc. 2. Terry Cook, Road & Bridge Superintendent APPROVED AGENDA ITEM FOR May 12, 2015 / BY _ (4 ,a f .' Indian River County Approved Date j Administration s Budget i /�!! Legal ��• s' Public Works `' S/-i e c Engineering .5`5/I F:\Public Works\ENGINEERING DIVISION PROJECTS\1363-69th St Bridge%a 162 Lat GCanal-Culvert Install Admin'agenda items\BCC Agenda CO I and Release Retainage.doe SECTION 00942 - Change Order Form No. 1 DATE OF ISSUANCE: May 12, 2015 EFFECTIVE DATE: May 12, 2015 OWNER: Indian River County CONTRACTOR Melvin Bush Construction, Inc. Project: 69th Street Bridge over I.R.F.W.C.D. Lateral G Canal OWNER's Project No. 1363 ENGINEER's Bid No. 2014045 You are directed to make the following changes in the Contract Documents: Reason for Change Order: To make final adjustments to bid line items for final payment. Attachments: Description of Itemized Changes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES Description Amount Description Time Original Contract Price $224,228.88 Original Contract Time: (days and dates) Substantial Completion: 120 days May 5, 2015 Final Completion: 150 days June 5, 2015 Net decrease of this Change 1$33,658.44 Net decrease this Change Order: (days) Order: Substantial Completion: (35) Final Completion: (35) Contract Price with all approved $190,570.44 Contract Time with all approved Change Orders: Change Orders: (dates) Substantial Completion: March 27, 2015 Final Completion: April 27, 2015 ACCEPTED: RECOMMENDED: APPROVED: c.� .w... e. By: By: NTRACTOR (Signature) ENGINEER (Signature) OWNER (Signature) Date: S 19 I IS Date: Date: Change Order No. 1 -00942 163 00942- 1 C:1Users\barbara\Downloads\Change Order No 1-00942.doc Rev.05/01 69th Street Bridge over IRFWCD Lateral G Canal - IRC No. 1363 Description of Itemized Changes Item No. Description of Change Quantity Unit Unit Price Price Increase Price Decrease 69th Street Bridge Over I.R.F.W.C.D.Lateral G Canal 334-1-13A Type S.P 12.5 Asphaltic Concrete(1-1/2"Thick) 16 TN 19.20 $307.20 473-175-118 Concrete Pipe Culvert(18") 67 LF 36.50 $2,445.50 570-1-2 Performance Turf-Sod(Bahia) 576 SY 5.30 $3,052.80 711-11-111 Thermoplastic Traffic Stripe(6"White) 2 LF _ 2.45 $4.90 711-11-221 Thermoplastic Traffic Stripe(Double 6"Yellow) 1 LF 5.56 $5.56 WCD 1 Type"C"Inlet Structure 1 LS 1,300.00 $1,300.00 WCD 1 Type"E"Inlet Structure(Supply)ONLY 1 LS 2,879.20 $2,879.20 334-1-13 Type S.P 9.5 Asphaltic Concrete(1"Thick) 34 TN 14.40 $489.60 425-1-551 Inlet Structure Type"E" 2 EA 2,316.00 $4,632.00 530-3-4 Rock-Riprap Rubble 87 Tn 96.00 $8,352.00 700-20-40 Single Sign Post(Relocate) 2 EA 90.00 $180.00 Force Account 1 LS 30,000.00 $30,000.00 SUBTOTALS $9,995.16 $43,653.60 Final Change Order ($33,658.44) F\Puhlic Works\ENGINEERING DIVISION PROJECTS11363-691h St Bndge @ Let G Canal-Culvert InstalMdminlagenda hems\Falai Change Order 164 SECTION 00622 - Contractor's Application for Payment 69th STREET BRIDGE OVER I.R.F.W.C.D LATERAL G CANAL Application for Payment No. 3 Final. For Work Accomplished through the period of 2/3/2015 through 3/6/2015 . To: Indian River County (OWNER) From: MELVIN BUSH CONSTRUCTION, INC. Bid No.: 2014045 Project No.: 1363 1) Attach detailed schedule and copies of all paid invoices. 1. Original Contract Price: $224,228.88 2. Net change by Change Orders and Written Amendments (+ or-): �0 3. Current Contract Price (1 plus 2): $224,228.88 4. Total completed and stored to date: $190,570.44 5. Retainage (per Agreement): 100% of completed Work: 0% of retainage: $ 0.00 Total Retainage: $0.00 6. Total completed and stored to date less retainage (4 minus 5): $190,570.44 7. Less previous Application for Payments: $181,041.92 8. DUE THIS APPLICATION (6 MINUS 7): $9,528.52 CONTRACTOR'S CERTIFICATION: UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) the labor and materials listed on this request for payment have been used in the construction of this Work; (2) payment received from the last pay request has been used to make payments to all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, below; (3) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (4) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (5) If this Periodic Estimate is for a Final Payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against the OWNER. Attached to or submitted with this form are: 1. Signed release of lien forms (partial or final as applicable) from all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, together with an explanation as to why any release of lien form is not included; Page 2 of 5 00622-Contractor's Application for Payment 3 00622-1 165 F:\Public Works\ENGINEERING DIVISION PROJECTS\1363-69th St Bridge Lat G Canal-Culvert Install Wdmin\Contractor's Pay Applications\00622-Contractor's Application for Payment 3.doc Rev.05/01 Z1y O O O O O O O O o Om N O o O O o m oOoOOOOOOOO rNoO NNO O O W NO oO O O O O O O O O O : O p N DS O O < h< tha o N U 5 J a • a 11111111111111111111111 o oe a g. o 0 o a oe X 1 A O O O O Ooe N ! M O O O O O O O O O p O O O O O O m O O yaWrj _ O O O O O Q 01 . 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Ot o z Tti a G y Z a a O O 2 > F•;... y 6 U U U L R > i Z CO LL • O O UO tri ' 0 z0 g : o rn U w Q U € 0 00 00 0 0 0 1 0 a € -, z z V`, y m w U wU = 0 ` ; > I a -0 ,E5 e.' 3 3 IL m i:'.. 00 _ 167 1 O O O N E m co XI 3 3 CONSENT ITEM INDIAN RIVER COUNTY ) MEMORANDUM TO: Joseph A. Baird County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling,AIC Community Development Director FROM: Roland M. DeBlois,AICP7t6 Chief, Environmental Planning DATE: May 5, 2015 RE: Board Approval of Resolutions for Grant Applications to the Florida Inland Navigation District for Replacement of the Round Island Riverside Park Boardwalk and for Dock Restoration at the Archie Smith Fish House It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of May 12,2015. DESCRIPTION AND CONDITIONS On March 24, 2015, the Board of County Commissioners authorized staff to apply for Florida Inland Navigation District (FIND) Waterways Assistance Program (WAP) cost-share funding grants for the following two projects for FY 2015-16(see meeting summary minutes,Attachment 1 to this report): • Round Island Riverside Park Improvements/Repairs • Archie Smith Fish House(Phased)Dock Restoration Staff has since submitted grant applications to FIND for each of the two projects.For complete applications, FIND requires that the applicant(Indian River County) provide a resolution for each project authorizing the project and ensuring that terms of the grants will be met(if awarded). To that end, attached are two grant application resolutions(Attachments 3 and 4 to this report)for the Board's approval consideration. ANALYSIS The attached resolutions(Attachment E-6 of the FIND grant applications)are in a standardized format as required by FIND. The resolutions indicate that the County is applying for 32.4% ($90,000) of the total estimated cost of the Round Island Riverside park project ($278,000), and 50% ($241,600) of the total estimated cost of the Archie Smith Fish House (phased) project. Attachment 2 to this report provides a breakdown of costs for each project by project elements. 1 168 Funding As presented to and authorized by the Board on March 24, 2015, the funding source for $96,000 of the Round Island Riverside Park project County match is to come from Florida Boating Improvement Funds. The remainder of the match for the Round Island project ($92,000) is to be funded from the Secondary Roads Fund. For the Archie Smith Fish House phased project,the County's $241,600 cost-share match is to be funded from the Florida Boating Improvement Fund. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached resolutions(FIND grant application"Attachment E-6") for the Round Island Riverside Park Improvements and Archie Smith Fish House Phased Restoration projects described herein, and authorize the Board Chairman to sign the resolutions on behalf of the County. ATTACHMENTS 1. BCC 3/24/15 meeting summary minutes. 2. Tables of cost estimates(by project element)for each project. 3. Proposed resolution for Round Island Riverside Park Improvements (FIND grant application "Attachment E-6"). 4. Proposed resolution for Archie Smith Fish House Phase IIA Restoration (FIND grant application "Attachment E-6"). APPROVED: I.R.County Ap 1,,sked Date Admin. (, 57,7// FOR: May 12,2015 Legal 'i! BudgetLAI B !,r► / • vitt i/ Dept. . 5¢ Risk Mgr. 2 M:\LAAC\Archie Smith Fish House\Archie Smith FIND grant app\ASFH and Round Is!FIND grant app BCC Res staff rpt for 5-12-15.docx 169 B. Approval of Annual Financial Report by County Commissioners and Notice of CAFR(Comprehensive Annual Financial Report) Completion 15-24 (memorandum dated March 18, 2015) Accepted the CAFR as presented for fiscal year 2013-201' and authorized the Chairman to sign the County's Local Government Annual Financial Report. C. Sector 3 Dune Repair Project, Change Order No. ontract Increase—Additional Sand Fill, Guettler Broth, s Construction, LLC 25-26 (memorandum dated March 17, 2015) Chairman Davis announced that d to a conflict of interest, he would withhold his vote on thi atter. (Clerk's Note: Form 8B morandum of Voting Conflict is attached to these minutes a• Addendum A). ON MOTION by mmissioner O'Bryan, SECONDED by Commissioner Zo• , by a 3-0 vote (Commissioner Flescher absent and Cha' man Davis abstained), the Board approved a not-to-exceed a mount for Change Order No. 2 to be 38,675 cubic yard or a maximum contract increase of $638,137.50, increasin• the final contract price to $3,715,057.50 and author' ing the Chairman to sign an amendment and any add' onal documents necessary in order to effectuate Change O "er No. 2 once the final volumes and total costs are alculated. D. Work Order No. 8 Ecological Associates, Inc., Sector 3 Beach Restoration Project, Post Construction Biological Monitoring Services 27-40 (memorandum dated March 16, 2015) Approved Work Order No. 8 to the contract with Ecological Associates, Inc., and authorized the Chairman to sign on behalf of the County. E. Board Consideration to Authorize Staff to Apply for Florida Inland Navigation District Waterways Assistance Program Cost-Share Grants for Replacement of the Round Island Riverside Park Boardwalk and for Dock Restoration at the Archie Smith Fish House 41-46 (memorandum dated March 16, 2015) Authorized staff to apply for Florida Inland Navigation District Waterways Assistance Program grants for the Round Island Riverside Park Improvements and Archie Smith Fish House Phase I Restoration Projects, using the Florida Boating Improvement Fund and Secondary Roads Fund for the Page 3 Board of County Commission Minutes ATTACHMENT 1 March 24,2015 11 County match. F. Preservation Pointes Property Owners Association's Request for Release of Certain Easements on Lots in Preservation Pointes Phases I and II (Timber Ridge P.R.D.) 47-52 (memorandum dated March 16, 2015) Approved Resolution 2015-042, releasing conseryons easements on lots in Preservation Pointes Phase and Preservation Pointes Phase II. G. Final Pay to MBV for WO No. 5 —South County ' • Facility Storage &Piping Tank Modifications (memorandum dated March 11, 2015) 53-55 Approved Final Pay to MBV Enginecri _,Inc. in the amount of$2,025.01. 9. CONSTITUTIONAL OFFICERS and GOVE° ENTAL AGENCIES 9:13 A. Indian River Coun Clerk i the Circuit Court and a.m. Com s troller Jeffre R. S ith Presentation of Summa °eview of the September 30, 2014 Comprehensive Annu. inancial Report Clerk of Circuit 'ourt and Comptroller Jeffrey R. Smith announced the. Indian River County's 2013-2014 Comprehensiv• Annual Financial Report (CAFR) was completed o March 4,2015, and the County has received the Certificat• of Achievement for Excellence in Financial Reporti for 31 consecutive years. He summarized the CAFR in a 'owerPoint presentation and mentioned some of the Cler 's initiatives for the upcoming year: 1) increase the n ber of electronic payments to vendors; 2) provide a link on e Board's website for the Board's and Clerk's unclaimed property; and3) modernize the Board's Official Documents and Minutes software. He responded thereafter to the Board's questions about the CAFR. Mr. Smith thanked his staff, Finance Director Diane Bernardo, Assistant Finance Director Elissa Nagy, Senior Accountant Raeanne Cone, and Internal Auditor Ed Halsey, for their work in preparing the CAFR. County Administrator Joe Baird thanked Jeff Smith and his staff for their exceptional work on the CAFR and their professionalism. Page 4 Board of County Commission Minutes March 24,2015 171 Round Island Riverside Park Improvements Cost Estimates The following table provides a breakdown of estimated cost for the proposed Round Island Riverside Park improvements by project elements: Round Island Riverside Park Improvements FIND Waterways Assistance Program Project Project Elements Estimated Cost FIND Cost County Cost Replacement of observation/fishing $90,000 $90,000 boardwalk(380 linear feet,2600 square feet) Boat ramp approach / boat trailer parking $96,000 $96,000(FBIF) area,rebuild base/repave(±4800 sq.yds.) Parking for kayakers and day users, rebuild $50,000 $50,000(SRF) base/repave(2500 sq.yds.) Driveway access,rebuild base/repave(±2100 $42,000 $42,000(SRF) sq.yds.) TOTAL $278,000 $90,000 $188,000 FBIF:Florida Boating Improvement Funds. SR: Secondary Roads Fund. Archie Smith Fish House"Phase IIA"Restoration Cost Estimates The following table provides a breakdown of estimated cost for the proposed Archie Smith Fish House Phase IIA Restoration by project elements: Archie Smith Fish House Phase IIA Dock Restorations FIND Waterways Assistance Program Project Project Elements Estimated Cost FIND Cost County Cost Reconstruct main dock, add floating dock $450,500 $225,250 $225,250 kayak landing, and construct 4 boat slips (2,421 sq. ft.) Historic site architectural oversight $32,700 $16,350 $16,350 TOTAL $483,200 $241,600 $241,600 ATTACHMENT 2 172 ATTACHMENT E-6 RESOLUTION 2015- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING AND APPROVING A GRANT APPLICATION TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM FOR IMPROVEMENTS AND REPAIRS TO BE MADE TO ROUND ISLAND RIVERSIDE PARK. WHEREAS, Indian River County owns, operates and maintains Round Island Riverside Park located on the eastern shore of the Indian River Lagoon in southern Indian River County; and WHEREAS, Indian River County is interested in carrying out the following described project for the enjoyment of the citizenry of Indian River County and the State of Florida: Project Title: Round Island Riverside Park Improvement/Repairs Total Estimated Cost: $ 278,000 Brief Description of Project: Replacement of observation/fishing boardwalk (380 linear feet, 2,600 sq. feet), Rebuild and repave boat ramp approach (± 4,800 sq. yards), parking for kayakers and day users (±2,500 sq. yards), and the park driveway access ± 2,100 sq. yards); and WHEREAS, Florida Inland Navigation District financial assistance is required for the program mentioned above. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. That the Round Island Riverside Park Improvement/Repairs project described above is hereby authorized and approved, 2. Be it further resolved that said Board of County Commissioners of Indian River County make application to the Florida Inland Navigation District in the amount of 32.4% of the actual cost of the project in behalf of said Board of County Commissioners of Indian River County. 3. And be it further resolved by the Board of County Commissioners of Indian River County that it certifies to the following: ATTACHMENT 3 1 173 ATTACHMENT E-6 RESOLUTION 2015- a. That it will accept the terms and conditions set forth in FIND Rule 66B-2 F.A.C. and which will be a part of the Project Agreement for any assistance awarded under the attached proposal. b. That it is in complete accord with the attached proposal and that it will carry out the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District. c. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said Board of County Commissioners of Indian River County for public use. d. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by persons with disabilities as well as other federal, state and local laws, rules and requirements. e. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. f. That it will make available to FIND if requested, a post-audit of expenses incurred on the project prior to, or in conjunction with, request for the final 10% of the funding agreed to by FIND. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Wesley S. Davis Vice Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Tim Zorc 2 174 ATTACHMENT E-6 RESOLUTION 2015- The Chairman thereupon declared the resolution duly passed and adopted this day of , 2015. Attest: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Jeffrey R. Smith, Clerk to the Board and Comptroller By: Wesley S. Davis, Chairman By: Deputy Clerk Approved for form and legal sufficiency: iii),A____1(Vja William K. DeBraal Deputy County Attorney 3 175 RESOLUTION NO. 2015- ATTACHMENT E-6 RESOLUTION FOR ASSISTANCE 2015 UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM WHEREAS, the Indian River County Board of County Commissioners (BCC) is interested in carrying out the following described project for the enjoyment of the citizenry of Indian River County and the State of Florida: Project Title: Archie Smith Fish House Phase IIA Restoration Total Estimated Cost: $483,200 Brief Description of Project: Restore / reconstruct a county-owned public dock facility at the historic Archie Smith Fish House, including construction of four boat slips, and a floating dock for kayak tie- up, while preserving historic features of the dock with a rail trolley exhibit. This restoration is Phase A of an overall project to restore the Archie Smith Fish House residence/office, ice house, and dock for public visitation and use. The Archie Smith Fish House is on the National Register of Historic Places, and is a component of the City of Sebastian's historic waterfront district. AND, Florida Inland Navigation District financial assistance is required for the program mentioned above, NOW THEREFORE, be it resolved by the Indian River County BCC that the project described above be authorized, AND, be it further resolved that said Indian River County BCC make application to the Florida Inland Navigation District in the amount of 50% of the actual cost of the project on behalf of said Indian River County BCC, AND, be it further resolved by the Indian River County BCC that it certifies to the following: 1. That it will accept the terms and conditions set forth in FIND Rule 66B-2 F.A.C. and which will be a part of the Project Agreement for any assistance awarded under the attached proposal. 2. That it is in complete accord with the attached proposal and that it will carry out the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District. ATTACHMENT 4 (1) Form No.90-21 (Effective date 12-17-90,Rev. 10-14-92) 176 RESOLUTION NO. 2015- 3. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said Indian River County BCC for public use. 4. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by handicapped persons as well as other federal, state and local laws, rules and requirements. 5. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. 6. That it will make available to FIND if requested, a post-audit of expenses incurred on the project prior to, or in conjunction with, request for the final 10% of the funding agreed to by FIND. This is to certify that the foregoing is a true and correct copy of a resolution duly and legally approved by the Indian River County BCC at a legal meeting held on this 24th day of March, 2015. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Wesley S. Davis, Chairman Approved as to Form and Legal Sufficiency: Attest: Jeffrey R. Smith, Clerk of Court & Comptroller By:e#J4 ao By: William K. DeBraal Deputy Clerk Deputy County Attorney (2) Form No.90-21 (Effective date 12-17-90,Rev. 10-14-92) 177 CLERK TO THE BOARD 914 MEMORANDUM DATE: May 5, 2015 TO: The Board of County Commissioners THROUGH: Jeffrey R. Smith, Clerk of Circuit Court and ComptrolIC1?-110D FROM: Maria Suesz, Supervisor Clerk to the Board and Value Adjustment Board SUBJECT: Laserfiche and Granicus Software Proposal The Clerk to the Board department has an immediate need to purchase digital document management software, as our current system has failed, and is no longer capable of searching and archiving documents. Over the years, technology has changed, and the documents are accessible in several different programs and formats. Our goal, however, is to maintain our documents in one central location. We are in need of software programs that would improve maintenance and archiving County Official Documents. The attached proposals would provide the following: • Laserfiche is user friendly and enhances searching of documents • Laserfiche provides a ready image for microfilming • Laserfiche provides a workflow of documents from scanning to archiving • Granicus uploads the agenda word document • Granicus provides meeting video linked to agenda items • Both programs provide public and staff access to County documents and meeting minutes via web • Reduction of paperwork BACKGROUND AND HISTORY Since 2003, we have been scanning images of the County Official Documents into generic software, Smeadsoft, that was originally designed as a label making software. It was modified for our department to scan images for Minutes, Ordinances, Resolutions, and Official Documents. This software no longer works. In 2007 the Board requested staff to research software programs, and after having reviewed several different programs, we found these proposals to be the most conducive to our needs. These programs are currently being used in Sebastian, St. Lucie County, and Martin County. Software Proposals Clerk to the Board Page 1 178 CLERK TO THE BOARD MEMORANDUM MCCi LASERFICHE— DOCUMENT MANAGEMENT SOFTWARE The proposal includes: 1. Software Licensing and support 2. The Web Portal for Public and staff searching allows 25 retrieval connections simultaneously 3. The Data Migration of the existing images and indexing of the County Documents to Laserfiche 4. Scanning and indexing of all minute books from 1925 to present GRANICUS SOFTWARE 1. Imports agenda from the departments (includes routing and approval of documents) 2. Provides a webcasting platform that integrates with Microsoft Word, allowing the minutes to be built while leveraging the indexed video of the meeting embedded in Word for reference 3. Provides unlimited storage, unlimited users, and an indefinite retention schedule 4. Community participation tool that integrates with Apple, iPads and Android tablets 5. All agenda and meeting records are searchable 6. Compatible with Laserfiche 7. Granicus captures motions, votes, request to speak, and speaker timer during meetings BENEFITS TO THE COUNTY • Access to Board Records— Improves transparency of public records with the secure web portal allowing public and staff easy access to county documents. • Satisfies State Retention Laws - Laserfiche satisfies the State of Florida's public records retention law. Currently, we Microfilm all documents, but microfilm may become too expensive or not available in a few years. • Laserfiche is compatible with Granicus software - With Laserfiche in place the Granicus meeting minutes module will integrate with Laserfiche software. • Granicus provides meeting video indexed with agenda items • All meeting records searchable by agenda topic, minutes record, spoken word with closed captioning enabled in Granicus • Additional online features for mobile devices Software Proposals Clerk to the Board Page 2 179 CLERK TO THE BOARD MEMORANDUM SUMMARY OF PROPOSALS The total project cost for Laserfiche is $99,877. This includes $11,882 of annual maintenance cost. The cost of the original Laserfiche proposal was $91,282, which included 10 connections online. To better serve the internal and external demands of public records requests, we requested an increase to 25 connections. In doing this, Laserfiche agreed to a $5,100 discount (which is included in the $99,877). After several contacts with Granicus, we have received the best offer to date. Total project cost is $20,750 with an annual maintenance of$24,960. Software Annual Total of All Application Maintenance Costs Costs County Clerk Portion Portion Granicus Legislative Mgt. $ 13,800.00 $11,760.00 $25,560.00 Suite-Agenda Meeting Efficiency- $ 3,350.00 $ 4,200.00 $ 7,550.00 record minutes Encoding Appliance $ 3,600.00 $ 1,200.00 $ 4,800.00 Govt. Transparency- $ 7,800.00 $ 7,800.00 webcast Subtotal $20,750.00 $24,960.00 $ 45,710.00 $ 45,710.00 Laserfiche Archiving Board $10,610.00 $ 6,882.00 $17,492.00 documents Data migration of $11,120.00 $11,120.00 digital images Minute Book $36,685.00 $36,685.00 Scanning Public Portal Access $19,900.00 $ 5,000.00 $24,900.00 Training-not 315 $ 9,680.00 $ 9,680.00 funds Subtotal $87,995.00 $11,882.00 $99,877.00 $99,877.00 GRAND TOTAL $108,745.00 $36,842.00 $145,587.00 $145,587.00 Software Proposals Clerk to the Board Page 3 180 CLERK TO THE BOARD MEMORANDUM RECOMMENDATIONS Staff recommends that the Board of County Commissioners consider the following three options: 1. Purchase Laserfiche in the amount of$87,995—Software for Clerk to the Board for imaging, indexing, searching, and archiving of Official Board documents (Clerk will pay for annual maintenance in the amount of$11,882 (includes discount of$5,100). 2. Purchase Laserfiche and Granicus in the amount of$96,445 (Lose $1,500 discount on meeting efficiency software). The Clerk will pay annual maintenance in the amount of $25,082. This is software for Clerk to the Board as stated in Option 1, plus software with capability of directly linking agenda items to meeting videos. 3. Purchase Laserfiche and Granicus in the amount of$108,745, -The Clerk will pay $36,842 annual maintenance. This software includes Option 2, plus Legislative Management Suite for the County agenda items. The Clerk to the Board recommends the Board approve the purchase of MCCi Laserfiche and Granicus software as stated in Option 3. 'In4ian Rim C, A pro d ___D`a tf: Admin. di" ,S T/5 Legal ' I 1 Budget � _ Dept. : , _ tP it 1 Risk Mgr. I C— jI Software Proposals Clerk to the Board Page 4 181 i4CCi f_>.) ;r ienCE-11->: Municipal Code Corporation PO Box 2235 •Tallahassee,Florida 32316 TELEPHONE(800)342-2633• FAX(850)564-7496 Logan Di Liello,Senior Account Executive •(850)408-5433 •logan@mccinnovations.com April 9,2015 Ms.Maria Suesz Deputy Clerk-Clerk to the Board Indian River County 1840 25th Street Vero Beach, FL 32960 Dear Ms.Suesz: I enjoyed speaking with you recently regarding the Laserfiche software and services. Pursuant to our discussion,we are pleased to enclose our Professional Services Proposal. While reviewing the proposal, please keep in mind the following advantages of being a MCCi customer: Leading Provider-For the past six years, MCCi was ranked as the#1 Laserfiche VAR in the United States. With 3 offices in Florida,we are dedicated to our Florida customers and serve over 125 clients in Florida alone at this time. ✓ Professional Certifications-MCCi's staff is well-trained and holds multiple certifications in security, HIPAA,CDIA+and more to give you the peace of mind that we are simply the best at what we do. Our staff is also Laserfiche Gold Certified, meaning we have passed the Laserfiche CPP courses required for this certification. Government Focus-MCCi was created by Municipal Code Corporation to focus on innovative technologies for Government. MCCi provides Laserfiche software and services to more than 400 government entities including Cities,Counties,State Agencies,Special Districts,and more. Specialization in Enterprise Solutions-Our Project Managers provide implementation and training services to help make your solution an Enterprise-wide deployment. We work with you on your initial project plan knowing that one day Laserfiche will be used across the entire organization. This methodology helps you plan to meet this goal in your time frame whether it be an immediate objective or part of a multi-year plan. Superior Support-MCCi utilizes a multi-layered support team geared towards offering each client multiple contacts to enhance the usage of every product implemented.We offer support through our help desk,email,and toll free number,and also have an online support center that gives end users access to training manuals,"how to"checklists,training videos,a knowledge base,and software updates. 7 Robust Resources-Whether it is integration,scanning and indexing services,an electronic forms solution,etc., MCCi has additional solutions that are complimentary to Laserfiche,while allowing you to work through one vendor for best of breed solutions. If you have any questions concerning our proposal or desire additional information, please do not hesitate to contact me on our toll-free number. We appreciate your interest and hope that we will have the pleasure of working with you. Sincerely, Logan Di Liello Senior Account Executive 182 Executive Summary Company History MCCi, a subsidiary of Municipal Code Corporation (The nation's leading codifier for local government), has been providing Electronic Records Management Solutions to its clients since 1998. In 1998, Municipal Code Corporation (MCC)created a document imaging division,which subsequently evolved into MCCi in the summer of 2003. This allowed MCCi to provide its customers with a higher level of service, but still benefit from the stability and credibility of MCC. With a client base of over 600 government agencies and satellite offices across the country,we are striving to be the leading Enterprise Content Management provider in the United States. MCCi has been the#1 Laserfiche VAR in the world the last 7 years. Proposed Solution MCCi is proposing the Laserfiche software for your organization. Laserfiche is a unified solution that manages all your organization's documents and records, regardless of location or media. Please keep in mind some of the features of Laserfiche: User Friendly—Laserfiche is very easy to learn, navigate and use. Users will see Laserfiche has a folder tree structure similar to Windows Explorer for easy viewing and use. This familiarity will give your staff the confidence to begin scanning and retrieving documents almost immediately after installation making an Enterprise rollout easier on your resources. • Comprehensive Security—Laserfiche Comprehensive Security allows you to control the security of your documents on many levels.You determine what functions, such as scanning and printing,each staff member may use. Security features are easy to administer and with proper right records managers can administer most security functions without IT staff assistance. • Intelligent Search—Laserfiche lets you search your documents based upon full-text search, index search,and document and folder name searches. The Laserfiche full-text search unlocks the contents of your documents; if you need to find a word or phrase within a document,the full-text search retrieves it immediately. An easy Google-style toolbar is available for searching as well. • Integration—Laserfiche is the central repository for records in your organization and allows you to integrate other main line of business solutions easily. Whether you are looking for a way to integrate with a departmental solution, ERP solution, Microsoft product, etc., Laserfiche has options available. Laserfiche Microsoft integrations include the ability to archive Office& Outlook documents directly into Laserfiche as well as integration with Microsoft SharePoint. E-Forms& Business Process Automation—Laserfiche allows users to capture information instantly and automate business processes instead of the traditional methods of using an imaging solution as an archival tool. Users are finding efficiencies by reducing the time processes take and giving users access to information instantaneously through the implementation of Laserfiche Forms and Laserfiche Workflow, resulting in cost savings for the organization. Mobility& Web Tools—Mobile devices are being used more and more in organizations for day to day operations. Laserfiche has options available to ensure you can access Laserfiche from these devices and perform related actions quickly on the go. There are also options for giving your outside citizens/customers access to records through the web to promote transparency and decrease records requests. 21 183 Avante Features MCCi is recommending the Avante platform for your organization. Avante includes: Bundled users—Each user comes bundled with: Workflow for Business Process Automation • Snapshot for archiving electronic records ' Email Plug-in for emailing records directly from Laserfiche '✓ Options for bundling the following functionality into user licenses: - Web Access,which includes a thin client option for users,Web Access Light for mobile devices& tablets, iPhone&iPad apps, and SharePoint integration. - Audit Trail for monitoring, recording, and reporting on system activity. - Digital Signature capabilities ✓ Web-based Administrative Console allowing you to administer the system from anywhere. Options for Electronic Forms, Records Management, Batch Processing tools, Integrations,and Web Portals. MCCi Advantage MCCi is a leading Laserfiche provider focusing on customer service in every aspect of your project. As a client you will receive access to our highly trained staff&support services, including: Dedicated Project Management—Our Project Managers are highly trained in the areas of implementation,Workflow processes, integrations, and more to help your organization implement a well thought out Enterprise system based on your organization's needs. They are Laserfiche Gold Certified and also hold other professional certifications to maintain a high knowledge level of our client's business processes. '*" Dedicated Support—Once your project is complete,you will have access to our support staff for trouble shooting&supporting your Laserfiche system. Our staff can be easily reached through email, phone or our online support center. • Sales&Account Management Team—You will have a dedicated team of an Account Executive and Account Manager that you can directly contact. They will also proactively contact you to ensure satisfaction, provide additional information on your products,and conduct web& regional events on continuing education topics. Training Services—Before,during, and after your project,we focus on ensuring the users are trained on the software and stay up to date on the features available. In addition to our Training Services,we offer a yearly subscription to our Online Training Center for Laserfiche to help protect your Laserfiche investment. This allows all types of users, regardless of their role,to access videos on popular topics. This information is updated monthly and will be a continued resource for your organization. N/ Back File Scanning&Conversion Experience—In the event you need to address a back file scanning project or have older data from legacy systems to convert,we have experience in addressing these and integrating them into your Laserfiche system. We have converted over 30 different applications and migrated the data to Laserfiche for other clients. 184 1~, CCI Laserfiche Avante PRICING PROPOSAL Product Description: Qty. Cost Total ECM SOFTWARE LICENSING FOR AVANTE Q Avante Server for MS SQL 1 $5,000.00 $5,000.00 El LF Full Named User 6 $500.00 $3,000.00 Includes Snapshot, Email,and Workflow El LF Standard Audit Trail, 15%Add On to All Named Users 6 $75.00 $450.00 Q OCR Scheduler for Laserfiche-Requires one dedicated Laserfiche User 1 $1,500.00 $1,500.00 License Q LF Scanconnect 5-pack 1 $660.00 $660.00 Q LF Workflow 1 Included Included ECM Software Licensing Total $10,610.00 WEB TOOLS FOR AVANTE O Laserfiche Standard Public Portal 1 $25,000.00 $25,000.00 Includes Weblink and 25 Retrieval Connections Web Tools Total $25,000.00 ANNUAL SOFTWARE SUPPORT-BASIC LSAP Avante Server for MS SQL 1 $1,000.00 $1,000.00 Q LF Full Named User 6 $100.00 $600.00 Includes Snapshot,Email,and Workflow Q LF Standard Audit Trail, 15%Add On to All Named Users 6 $15.00 $90.00 O OCR Scheduler for Laserfiche-Requires one dedicated Laserfiche User 1 $330.00 $330.00 License Q LF Scanconnect 5-pack 1 $132.00 $132.00 Q LF Workflow 1 Included Included 2 Laserfiche Standard Public Portal 1 $5,000.00 $5,000.00 Includes Weblink and 25 Retrieval Connections O Managed Services for Laserfiche 1 $1,890.00 $1,890.00 Laserfiche Managed Services needs are estimated based on the current software components provided herein:up to 15 hours. O Training Center 25 -49 Users 1 $2,840.00 $2,840.00 Annual Support Total $11,882.00 For budgetary purposes, the Client should include$12,239.60 in(Annual budget for renewal of LSAP, Managed Services,and the Training Center for the software quoted above. 41 185 MCCi PROFESSIONAL SERVICES Basic Onsite Training of software, per day 2 $2,200.00 $4,400.00 Workflow training and installation excluded. Travel expenses included. -1.5 days for LF End User Training -0.5 days for LF Administrative Training MCCi Project Management Services *Up to 32 hours of Remote 1 $5,280.00 Project Management Remote Installation/Configuration -Laserfiche Avante SQL -OCR Scheduler -ScanConnect -Public Portal Professional Services Total $9,680.00 Existing MuniCode Client Discount *Expires May 31,2015 1 ($5,100.00) ($5,100.00) *Discount is dependent on acceptance of all 3 phases of the project (Laserfiche,Data Migration and Book Scanning)and MCCi's receipt of the signed agreement by above stated expiration date. Total Project Cost $52,072.00 PAYMENT&BILLING TERMS MCCI will invoice one hundred percent(100%)of the software and support upon delivery of software. If services are included,the balance of the total project will be invoiced upon completion of the proposed professional services, which may be broken up based on the completion date of specific services. Sales tax will be included where applicable. Payment will be due upon receipt of an invoice. Laserfiche software and help files are provided electronically. If hard copy manuals or software is desired,there is a $50 additional charge. This will need to be requested. SUMMARY OF PROJECTS FOR INDIAN RIVER COUNTY Laserfiche Avante System $ 52,072.00 Minute Book Scanning $36,685.00 Data Migration $ 11,120.00 Grand Total $99,877.00 51 186 Quotation Sheet for Minute Book Scanning SCOPE OF SERVICES AND PROJECT PRICING The Client will furnish MCCi for its use in preparing the document imaging project all hardcopy/electronic documents to be converted. CLERK DOCUMENTS Project I—Minute Books—Conversion of Documents up to 11"x17" in size $36,685.001 Excess Images @ $0.319 PROJECT SCOPE—All estimates are based on information provided by the client • General Description Department: Clerk Document Types: Minutes Document Count: 115 Books Image Count: 115,000 Images Images Per Document: 1,000 images per book • Document Preparation Current Storage Method: Stored in Minute books with removable pages Condition of documents: Average to Good for minute books • Image Processing DPI &Color: 300 DPI, Black& White Indexing Requirements: Up to 3 Fields (Document name counts as an index) Optical Character Recognition Included • Image Output Media: CD/DVD up to 1 set per shipment Output &Content: Laserfiche Briefcase Remote Import Assistance to LF: Included • Material Handling Shipping Logistics: MCCi Pickup Shipping& Delivery Terms: Up to 1 shipment • Special notes: MCCi will pick up, scan, index and return minutes to the client. MCCi will index by meeting type and date. Minute books are currently stored in 2 prong binders, minutes will be returned in the manner in which they were received. Minutes are also printed"head to toe". MCCi will use processing to correctly orient the scanned images. I Future updates will be @$1.00 per image. The Client may request an up to date optical media disc(CD/DVD)at the cost of$50 per set (includes up to 5 discs to complete a set. If additional discs are needed,additional fees may apply). 61 187 MCCi,a Limited Liability Company and subsidiary of MUNICIPAL CODE CORPORATION,which is duly organized and existing under the laws of the State of Florida,hereinafter referred to as MCCi,hereby offers the Laserfiche Software&Services to INDIAN RIVER COUNTY,FL,a corporation duly organized and existing under state law,hereinafter referred to as the Client,according to the following terms and conditions. MCCI DOCUMENT SERVICES—INDEXING SERVICES. Once MCCi has received your documents,the following process will occur according to the terms laid out in MCCi's pricing proposal and may vary according to services selected. CONSULTATION. A Consultation will be scheduled via a telephone conference after receipt of signed contract. This consultation is designed to go over the following:the signed contract and terms,folder structure,current searching methods,document naming scheme,document preparation requirements,and document shipment and/or pick up. DOCUMENT PREPARATION. If you decide to send paper documents to MCCi,the process of document preparation begins with removing any materials that may prohibit the document from being fed through the scanner(i.e.Removal of documents from file folders,Removal of staples, paperclips,tape,clips,etc)and is described as Document Preparation. Upon completion of scanning,MCCi will organize the documents into their original order as received from the Client but not placed back into their file folders or reprepped unless specifically stated otherwise in the project scope. DOCUMENT ORGANIZATION&INDEXING. Based on the scope of the project and outcome of your consultation,MCCi will organize and index your documents. Each project will have its own required organization and indexing requirements.Our project management team will work with the Client to identify those requirements.Prior to project kickoff we will send the Client example template cards and file-tree structure for their approval.Or,if the Client already has existing Laserfiche template cards created for a specific document series,they can send us that template via Laserfiche Briefcase. DOCUMENT QUALITY CONTROL. MCCi performs a thorough quality control process after the job has been completed. Each scanned image is inspected for quality,legibility,and accuracy. Steps are taken to ensure each document has been captured,the quality of the scanned image is comparable to the original,and all manual indexing errors have been corrected. MCCi cannot be accountable for records not reflected in original inventory report as provided by Client. MCCi will correct only those discrepancies reported within 90 days after delivery of hard copy materials. DOCUMENT STORAGE. MCCi's facilities contain secure rooms for hardcopy"work in progress"document storage that are designed to prevent damage from natural disasters. MCCi will arrange for the return of hardcopy documents to the client after completion of scanning. If documents reside at MCCi facilities for a period longer than 90 days after a request for delivery has been made,storage charges will apply. MCCi is not responsible for maintaining permanent archive and accepts no responsibility to loss of electronic data. FUTURE UPDATES. The Client can provide MCCi additional documents after completion of initial project. The updates can be on a schedule,or as desired by the Client. The Client shall forward to MCCi copies of the final documents via e-mail,certified mail carrier,or through the MCCi pick up and delivery service(offered in select states only). At each update,the Client may elect to purchase an updated version of their records on electronic media. All copies will be disposed of within 60 days upon completion of work. Original documents will be returned to the Client. ENTERPRISE WIDE SCANNING SERVICES. In accordance with the terms and conditions as laid out here within,MCCi can provide any department in the organization with scanning services for documents other than those described in Section I of the pricing proposal. All costs are volume based and can be provided upon request. MCCi will consult with each department interested in beginning their own project to determine individual scanning and indexing needs. MICROFILM&FICHE CONVERSION SERVICES.MCCi offers electronic conversion services for microfilm,microfiche,and aperture cards.The Client will provide MCCi with data to be converted to electronic format. MCCi will extract the images contained on the film/fiche and migrate them to Laserfiche or to another industry standard format as requested by the Client. The images will be captured based upon the reduction ratio and threshold between the beginning and ending of new images on the original film. MCCi is not responsible for the accuracy of existing image quality, such as black borders,skewed images,blurry images,non-legible images,or other errors that are not controllable by MCCi. Unless otherwise specified in the project scope,MCCi will index by the roll/card number or unique identifier. LASERFICHE SEARCH ENGINE CD/DVD AND MINIMUM HARDWARE REQUIREMENTS. MCCi will integrate the documents with the LaserFiche Software to provide the Client with the most powerful index retrieval search engine available with the following features:intuitive browse window, index cards,and full text word search. MCCi will provide the Client with the appropriate media containing all documents scanned and integrated with Laserfiche. The Laserfiche version 8 software requires the use of Windows XP(Service Pack 2),Windows Server 2003(Service Pack 1), Windows Vista(Service Pack 1),Windows Server 2008,Windows Server 2008 R2,or Windows 7 to access the CD/DVD. ONLINE DOCUMENT HOSTING. MCCi will post the documents to the web for a minimal annual fee. MCCi provides the Client with a direct link which can then be linked to the Client's website for public access if desired. Document storage cost is determined upon actual image count. All documents on the site are integrated with a search engine,and updates are incorporated as the database is amended. PROJECT TIMELINE. MCCi will complete and deliver the project within the predetermined project timeline as agreed upon with the Client.Should MCCi require additional time,the Client will be notified immediately. DOCUMENT TRANSPORTATION. The client is required to package all materials per MCCi's instruction prior to delivery of materials to MCCi facilities. If the client chooses to utilize MCCi's pick up and delivery service(offered in select states),pricing is based on picking up the entire 7( 188 project described in the scope of services in one shipment. At the time of updating or if additional trips are required due to the Client not having all the documents ready for pick up,additional charges will be applied. If the client chooses to ship via a certified carrier,the client incurs all shipping costs. PRICING. Charges apply on a per project basis and are dependent upon size and volume of documents. MCCi requires having the entire project in bulk,rather than in small quantities. Breaking the project into smaller quantities will affect the volume pricing,and additional charges per image may apply. A sample may be required prior to confirming large volume job pricing. UNANTICIPATED DOCUMENT TYPES&SIZES. The prices quoted are made with the expectation that customer will properly prepare and annotate materials for scanning bureau use and that documents are consistent with the description provided in the scope of services.If documents are not as initially represented,additional charges will apply. MCCi will call for authorization to proceed with the project. LASERFICHE SYSTEM CUSTOMERS. Due to requirements by Laserfiche systems regarding the importing of images and indexing information,it is highly recommended that Clients who already have a Laserfiche system have their documents scanned using only Laserfiche software. This will ensure that all associated indexing information will be properly retained after the importing of images into the Laserfiche system. MCCi has knowledge of the software versions,indexing requirements,and compatibility issues for each of our Laserfiche system clients. For these reasons, MCCi should be considered as a Sole Source provider for scanning services. MCCI CERTIFIED PARTNERS. MCCi maintains partnerships for the purpose of additional capacity and flexibility in meeting client expectations. In the event partners are used for a project,the management and support of the project is handled directly by MCCi. AGREEMENT EXTENDED TO OTHER GOVERNMENTAL UNITS.MCCi agrees to allow any other Government agency to purchase items at the same terms,conditions and pricing as this contract during the period of time that this contract is in effect.Minor changes in terms and conditions may be negotiated by MCCi and participating Government agencies. Any orders issued against this agreement shall be the sole responsibility of the Government agency placing the order. It is understood that the Client shall incur no financial responsibility in connection with any purchase by another Government agency. TERMINATION. The services provided in this agreement will be in full force and effect for a period of three(3)years from the date of shipment of the completed product to the organization. Thereafter,this agreement will be automatically renewed from year to year,provided that either party may alter or cancel the terms of this agreement upon sixty(60)days'written notice. FORCE MAJEURE.Neither party shall be liable for any delay or failure in performance due to causes beyond its reasonable control. CLIENT FINANCIAL SOLVENCY/BANKRUPTCY. MCCi may require payment in advance for products and services in response to learning of financial solvency or bankruptcy issues. LIMITED LIABILITY.In no event shall MCCi's total liability to the client exceed the project fees paid to MCCi by the client. PAYMENT&BILLING TERMS. MCCi will invoice project on a monthly schedule,based on deliverables(via Electronic media or the internet). Payment is due upon receipt of an invoice. 81 189 MCCi Quote for: Indian River County (Data Migration from Smead System to Laserfiche) SCOPE OF SERVICES The Client currently has approximately 5-7 GB of electronic records and 7-10 GB of image files in a Smead system which operates on a SQL database engine as the backend. This data contains approximately 2800 electronic documents and 131,922 image pages which the Client would like to have migrated, indexed and integrated into their new Laserfiche system. Unless otherwise stated in the scope of services, the migration process is limited to migrating data from one system to Laserfiche. Access to data—The Client will provide MCCi with remote access to the data for the purpose of review,and for assistance in configuring the migration utility. If necessary,the client will make a copy of all data to be migrated on an external hard drive and will send the data to MCCi. Additional fees may apply if the data is of a size that requires MCCi to acquire additional hardware to run the migration process. Copy of Application—The Client is required to give MCCi access to the original application as part of the migration process. If no access can be given,this must be stated in the scope of work. Due Diligence—Data migrations may require investigation by MCCi prior to providing time estimates and confirmation on programmatic feasibility. Due diligence time spent prior to contracting for services is incorporated into the final project cost. Migration—The data migration utility created by MCCi,will be utilized to migrate the records to the Laserfiche system. The images and the document classes (i.e.the index data)will be preserved within the variance, if any discovered during Project Sampling and Evaluation Testing. If manual image naming or indexing is required it will be the client's responsibility. Supported Data Types—TIFF Images from the legacy system will be migrated into Laserfiche. No conversion of data types or removal of document wrappers will be completed during the migration process unless specifically stated in this scope of services document. Files that are encrypted will not be migrated. Additional document types are in an electronic file format including .ftr, .fig, .dpw, .knl, . fdp, .txt, .cod, and .tpp. These file formats can be stored as is in Laserfiche. Laserfiche will not open most of these files natively and will require their supporting software installed on the workstation viewing these documents. MCCi is not responsible for providing native applications. Indexing—If indexing is desired and not currently contained within the electronic data migrated,the Client is required to provide MCCi with a database (in a format accepted by MCCi)of indexing information which would be used to auto populate template fields. Additionally,the index data must be associated with the documents via unique identifiers or pointers. OCR—The client will be able to OCR the records internally, once the migration process is complete. Data Capture and Quality Control—MCCi is not responsible for the accuracy of existing indexing data and/or image quality,such as errors on the media, image file corruption, data file corruption, orphaned records,encrypted data, non supported proprietary formats or other errors that are not controllable by MCCi. Security—Due to the vast differences in how document management systems handle security and file access,the migrated data will not retain any of the previous system security from the former document management system. It will be the responsibility of the Client to apply the necessary security and access control to the migrated data in Laserfiche. Prior to providing end user access,the Client should verify that all migrated data has had the proper security applied, including view/write access and redactions (if utilized),which is consistent with their existing Laserfiche security policy. Sticky Notes, Redactions and/or Annotations—Due to the vast differences in how document management systems handle sticky notes, redactions and annotations,data migration services do not include migration of sticky notes or any other redactions and annotations from the legacy system to Laserfiche, unless otherwise stated in this scope of services document. Retention of data—MCCi is not responsible for maintaining a copy of the original data, or a copy of the converted data. 91 190 Point of Contact—MCCi requires the Client to make accessible one point of contact to MCCi for all decision making. This person is responsible for obtaining all approvals on behalf of the Client in regards to formatting,template fields,file structure,output format, etc. PROJECT DELIVERABLES(DATA MIGRATION) MCCi staff will perform the data migration and deliver to the client their indexed and migrated in an easily imported format for Laserfiche. MCCi staff will assist/perform the importing of these documents into the clients Laserfiche system. Assumptions The point of contact has reviewed and provided the proper record set for migration into the Laserfiche system. Any records not marked as reviewed will not be migrated. Data Sampling and Testing MCCi will conduct a sample testing which is intended to resolve various migration questions,confirm and ensure a mutual understanding of the migration project requirements and expectations. Work under this contract shall begin after written acceptance of sample test results by the Client. Acceptable Variance A mismatch between the number of documents in the system and the number of documents on the hard disk was discovered during the due diligence process. This mismatch has been attributed to errors in system cleanup of old records and other unknown issues. This variance has been determined to be approximately 5%of records. MCCi is assuming a 5%variance in records counts is acceptable for the migration. PROJECT TIMELINE Timeframes are dependent upon date of receipt of material and project sampling acceptance and based upon business days. Time lost to decision making on the Clients behalf may extend the final delivery timeframe. If additional time is required the Client will be notified accordingly. PROJECT PRICING—DATA MIGRATION SERVICES Based on the estimates provided by the Client and is dependent upon final sample testing. 0 Migration Utility&Support $10,105.00 - MCCi and client thoroughly review legacy data - Utility configuration for up to 4 Doc types: BCC,Ordinances, Resolutions,Official Documents - Creation/verification Laserfiche metadata templates and folder structure: Client should have existing Laserfiche Templates - Sample run and presentation - Migration code fixes and anomaly adjustments - Data migration: Client may be required to assist in the actual migration If original time estimates are exceeded - Volume Consistency check 0 Project Management $ 1,015.00 TOTAL PROJECT COST $11,120.00 PAYMENT&BILLING TERMS MCCi will invoice fifty percent(50%)of the total contract amount upon receipt of the signed contract. Balance will be invoiced and billed upon delivery of migrated data. Sales Tax will be included where applicable. Payment will be due upon receipt of an invoice. Upon import into Client production Laserfiche repository,Client has 30 days to review imported records to verify accuracy of migrated electronic data. If the Client remains silent regarding their findings and/or 30 days elapses without notification to MCCi;the Client then deems the migration accurate and acceptable. 101 191 MCCi STANDARD SERVICES To determine which services and products are included with your project,please refer to the Pricing Proposal above. MCCi prides itself in providing high quality professional services and support. Providing the most advanced level of tech support via the web,e-mail and phone,you can rest assured that MCCi will provide you with profession installation,training and support services. Our clients can rely on us to provide a continual flow of information through our technical bulletins and newsletters. MCCI PROJECT MANAGEMEN1 SERVICES MCCi Project Managers are CDIA-certified and Laserfiche Certified. The CDIA(Certified Document Imaging Architect) is awarded after a comprehensive and rigorous exam focused on a broad spectrum of document and records management objectives. There are multiple Laserfiche Certifications and MCCi focuses on maintaining all of them. MCCi Project Managers administer these services and concentrate on defining business requirements and the deliverables that follow. The MCCi Project Manager will work with the client's point of contact to put together a project plan that clearly defines the scope of services of the Project Management services. These services are included to ensure the Client is prepared for the final project implementation. Implementation Client Consultation -The assigned MCCi Project Manager will perform a remote pre-installation solution development plan including configuration of security rules for the Client prior to installation and training. This consultation will include a review of current document organization and retrieval practices to determine desired indexing methods, as well as other basic system set up needs. Once this information has been gathered and provided to the MCCi project manager,the basic folder structure, document naming scheme,scheme,and template set-up will be configured prior to onsite training. Remote Installation and Configuration—Software installation and configuration may occur remotely as part of the Project Management services to ensure the onsite time purchased is focused on the direct objective. Please refer to the pricing proposal to determine if the onsite time will include installation and configuration. Remote Training—Project Management services may be utilized for training administrators or users remotely if not providing onsite training. Please refer to the pricing proposal to determine the training model quoted. LASERFICHE BASE SOFTWARE TRAINING SERVICES The client is provided with either instructor-led hands-on training or train-the-trainer training in the operation of the Laserfiche Software and Plug-ins, and the scope of all training services to be performed is notated in the Pricing Proposal. These services will be provided onsite or remote, please refer to the Pricing Proposal to determine which has been quoted. Below are some sample outlines based on user- roles and system modules: System Administration Training • Client and Server Installation Procedure • Users and Groups—Active Directory • Security • Templates • Tags • Document Relationships 11l 192 t Records Management • Volumes • System Settings • Back Up Procedures • Troubleshooting Procedures • Technical Support Overview Full User Training • Introduction to Laserfiche • Folders and the Folder Browser • Scanning and Importing • OCR and Full Text Indexing • Document Display !, Index Card/Templates • Document Retrieval by Index Fields or Text (Searching) • Annotations • Extracting a Document from Laserfiche Briefcasing and Migrating Documents • Customize Laserfiche • Volumes • Security t Advanced Features—Plug-ins 12 I 193 SOFTWARE DESCRIPTIONS To determine which products are included with your project, please refer to the Pricing Proposal LASERFICHE AVANTE Laserfiche Avante solution is a named user model and starts out with a feature rich system that is based on the number of people who will be using the system. It is designed for small to mid-size organizations and helps you capture, manage,distribute,and work with information in diverse working environments. Avante comes with Laserfiche Workflow and allows your organization to move beyond simple document routing to automate everyday tasks,optimize business processes,and share information with a wide variety of applications. Avante systems allow you to choose from multiple database platforms and incrementally expand the system with records management edition and other plug-ins such as Auditing, Web Access, Digital Signatures,and Batch Processing. The Laserfiche Avante pricing structure makes it simple and affordable to add new features and functionality to your Laserfiche system as your needs change. LASERFICHE RIO MCCi recommends the Laserfiche RIO solution for Enterprise clients that have a large volume of users, as well as the need for test environments and multiple servers/repositories. RIO and each RIO license comes coupled with Workflow,Web Access, Mobile Access,Snapshot, Email, Digital Signatures, and Advanced Audit Trail. This licensing structure makes it much easier on IT administration, especially when dealing with a large user base. In addition, RIO supports an unlimited number of application servers,as well as repositories, making it well suited for expansion and testing needs. RIO can connect either to MSSQL or Oracle for the backend database,and of course many of the same optional Laserfiche modules such as the Records Management, Batch Processing and Weblink Public Portal licenses are available with RIO. LASERFICHE SOFTWARE FEATURES AND LICENSING ;Feature Avante Rio Comments Database SQL Express,SQL, SQL,Oracle (Options ,Oracle Retrieval Public Portal Public Portal Concurrent (Weblink) (Weblink) Users Includes Workflow, Email and Snapshot for Avante; (Full Named Includes Workflow, Email,Snapshot, Digital Users Unlimited 25—Unlimited Signatures,Web Access and Advanced Audit Trail for Rio. Retrieval Named n/a Includes Email capability.Minimum of 200 must be Users 200—Unlimited purchased. Application 1 Unlimited Servers User License Named Named 1 Model Up 15 per Avante:Up to 14 additional(for a total of 15) Repositories 1 Application Server Repositories can be added at an additional cost. 131 194 Sot''f‘\ARE DESCRIPTIONS RIO:Each Application Server can have up to 15 Repositories attached. RIO allows for an unlimited number of Application Servers. 'Workflow Included Included 'Snapshot Included Included Email Included Included WebAccess(Thin client access for Add-on option Included named users) Mobile Access Requires WebAccess Included gltal Add-on option Included Signatures Add-on option (Includes Advanced Audit Trail (Options for Starter, Audit Trail Standard,Advanced) Avante Public Portal: The 5 concurrent license Weblink Public Portal Weblink Public only allows for one security profile to be set. license package Portal license Unlimited versions are licensed per Laserfiche 'Public Portal options(5,10,25,50, package options(50, application server,and per processor. The Unlimited Single Unlimited Single licensed number of processors must be equal to or (Weblink) Processor,Unlimited Processor, Unlimited Options greater than the number of processors(CPUs)on Dual Processor, Dual Processor, the correlating Laserfiche application server. Note: Unlimited Multi Unlimited Multi Additional copies of the Unlimited Public Portal are Processor) Processor) needed if there is a need to connect the Public Portal to more than 1 Application Server. Records Management Add-on option Add-on option Laserfiche Lf 8.1 and later Lf 8.0.1 and later Versions Web Admin Included Included 'Console The Laserfiche Forms User is a required add-on to all Laserfiche Full Named User licenses,and is a pre-requisite to all other Forms licensing options. This add-on will give the current Laserfiche Full Named Users full access(submission, process Laserfiche Forms Add-on option Add-on option involvement,and approval rights)to Laserfiche Users Forms Server. The Laserfiche Forms Server can be installed multiple times,however each instance can only be associated with one Laserfiche application Server. Laserfiche Forms Users licensing is a prerequisite !Laserfiche Forms Add-on option Add-on option to being able to purchase Forms Portal licensing. Portal The Forms Portal license allows Form submission 141 195 SOFTWARE DESCRIP'iIONS from unlicensed(public)users. Forms Portal was I also designed primarily for non-internal/public user submissions,therefore there is no Windows Authentication security validation provided. The users that access Forms through the Forms Portal can only submit forms(these users cannot participate in the business process after a form has { been submitted). The Forms Portal is licensed to a specific Forms instance/server,rather than to the Laserfiche Application Server. Please note that if an organization desires to have a Forms Portal for internal users,as well as a Forms Portal for external users,and security protocol requires that these two Forms Portals reside on separate servers (one internal one external),multiple Forms Portal licenses are required. The Enterprise Forms Portal License is recommended for Laserfiche Rio Customers that have multiple Laserfiche Application Servers,as Laserfiche well as for Laserfiche Avante(Avante only allows Enterprise Forms Add-on option Add-on option for one Laserfiche Application Server),but require more than two Forms Portal licenses(see Forms Portal Portal description above). Enterprise Forms Portal is,indeed,unlimited Portals. Instead of allocating one or more Forms Servers as Portals,they all are automatically Forms Portals. Laserfiche Forms Users licensing is a prerequisite to being able to purchase Forms Authenticated Participant licensing. Forms Authenticated Participant licenses allow Non-Laserfiche Users to participate in Laserfiche Forms Process Modeler Business Processes,and allow for secure authentication when interacting with Laserfiche Forms. Forms Authenticated Participant licensing Laserfiche is recommended for all internal users that require Authenticated Add-on option Add-on option authentication and/or intend to participate in Participants more than just the Forms submission process,and for those users that do not have Laserfiche Full Named User licensing,but have a need to authenticate and participate in Laserfiche Forms Business Processes. A Forms Authenticated Participant license is required for each Forms Server that the user needs to submit to. Upgrade Path Rio In/a 151 196 SovI WARE DESCRIPTIONS LASERFICHE PLUG-INS Laserfiche Plug-Ins, Utilities,and Tools MCCi can provide additional Laserfiche Plug-ins Utilities, &Tools software. Laserfiche offers a selection of modules and development tools designed to let you tailor Laserfiche to meet your needs. Certain Plug-Ins may be bundled differently based on the Laserfiche platform. Please refer to the pricing page/pricing proposal to determine which modules have been proposed. Capture Modules Laserfiche ScanConnectTM: allows ISIS scanning.A collection of ISIS scanner drivers is included with Laserfiche ScanConnect.These drivers allow images to be scanned through supported scanners. ScanConnect 7.x is can be purchased as an add-on to both Laserfiche scanning and Quick Fields. Laserfiche Snapshot"": Laserfiche Snapshot is included with both Avante and RIO Full Named User Licenses,and can generate images and text from an electronic file(e.g. a Word document,a web page,a text editor,etc.).The files generated by Laserfiche Snapshot capture the content of the electronic file at the time that it was processed. In other words,they represent an accurate portrayal of an electronic file at a given point in time.The images and text created from an electronic file are then stored in a Laserfiche repository.As you can see, Laserfiche Snapshot can be used as a tool to archive a particular version of an electronic file. Laserfiche Snapshot can process any electronic file that can be opened with a Windows application that has printing capabilities. This feature is automatically included with every Full User purchase. Laserfiche Import Agent: Import Agent is a tool for automatically retrieving files stored in a Windows folder and importing them into a Laserfiche repository.The Windows folder can be local to the Import Agent machine or stored on a network drive. During the import process, Import Agent can process the files(e.g., perform OCR), use XML data as part of the process,and perform additional tasks. OCR Scheduler for Laserfiche: MCCi developed this tool. It provides a simple and effective way to mass OCR documents in Laserfiche. It allows administrators to configure multiple OCR sessions. Sessions are created based on selecting folders within a specific Laserfiche Repository and scheduling the time to begin the OCR process. Benefits: • Efficiency: Clients can schedule the tool to perform the OCR function, rather than tie up machines during the normal working rhythm. • Support/Search Content:Leaving the responsibility in users hands to conduct OCR can lead to incomplete processing. The tool provides assurance that everything in need of OCR is being addressed without end user interaction. "Quick Fields" (QF)Batch Processing Tools: Quick Fields is a suite of Batch Processing utilities created by Laserfiche. Avante and RIO bundle each of these features differently,which is reflected in the Pricing Proposal section: • Laserfiche°Quick FieldsTM automatically captures useful information from paper and electronic documents and organizes it for fast retrieval. Quick Fields transforms data capture from a costly and labor-intensive operation into an efficient process by collecting precise pieces of information from the masses of unstructured data flowing into your organization.Quick Fields improves the speed and accuracy of data capture while giving authorized staff instant access to the information they need to work effectively. • QF Bar Code Validation Package:The Bar Code add-on reads bar codes on a specified page in the document.The value returned by the bar code process can be used to identify a page, populate a 16 1 191 SOF'rNAARE DESCRIP17ONS field,determine the document name,or determine where the document will be stored. Bar Code is very powerful when combined with Real Time Lookup. Supported barcode formats: Codabar, CODE 39,CODE 128, EAN 8, EAN 13, Interleaved 2 of 5, UPCA, and UPCE. • QF Real-time Look up Validation Package: Lookup populates template fields and validates metadata by retrieving data stored in third-party databases and other applications. • QF Zone OCR Validation Package: Images that contain clearly printed or typed information can be converted to text files through a process called OCR(Optical Character Recognition). Once text has been extracted from an image, it can be sent along with the image to the repository. Once the document has been imported into the repository,the extracted text will be associated with the corresponding image in the document. The International Zone OCR add-on will scan a zone on an image for text.Only text found within the zone will be extracted.The data returned by this process can be used to identify a page, populate a field,determine the document name,or determine where the document will be stored. The International Zone OCR add-on can be installed when Quick Fields is first installed or after it has already been installed. • QF Forms Alignment:automatically repositions scanned documents to match a master form, correcting for scanning errors and improving data extraction. • QF Document Classification:designed for clients who deal with multiple forms,and will recognize and process multiple document types. • QF Auto Stamp/Redaction/Bates Numbering:The Bates stamp option is a document auto- numbering annotation option • QF Optical Mark Recognition:detects handwritten information, including marks on surveys,tests and ballots. • QF Agent:enables administrators to schedule forms processing around the clock and run Quick Fields sessions without operator intervention, reducing labor costs and optimizing business processes. • QF Forms Identification:automatically recognizes the form or document based on its overall structure,even in the absence of bar codes,form data or other distinguishing information. • QF Forms Extractor: removes form outlines to isolate data for more accurate capture. • QF Scripting Kit:Offers a script editor,which allows developers to write CU and VB.Net Scripts,and insert the scripts into a Quick Fields Session. Distribution Modules • Laserfiche Public Portal -WebLinkTM: The Weblink module publishes select documents in a Laserfiche repository to an intranet or the Internet in read-only form. Documents can be made available through the Web almost instantly,and users need only an Internet browser in order to access them. Built on ASP .NET,WebLink can be customized to match the look and feel of an organization's Internet or intranet site. • Laserfiche WebAccess: Laserfiche Web Access is a Web browser-based thin client offering virtually all of the document management capabilities of the standard Laserfiche interface. Web Access allows your IT staff to roll out high-volume Laserfiche access without increasing your organization's application support burden.Authorized users organization-wide enjoy simultaneous access to documents,whether they are using the corporate intranet or logging in from a branch office. In addition,access to Laserfiche Mobile and the Laserfiche Sharepoint Integration resources, is made through Laserfiche WebAccess. o Laserfiche Mobile Access Options: Laserfiche Web Access or Laserfiche Forms is required for any/all mobile access options. Web Access Light&Laserfiche Mobile are both options for providing mobile access to your Laserfiche solution: 17 1 198 SOF"L NN\ ARE DESCRIPrIONS • Web Access Light: Designed for Blackberry, Chrome,Opera and Safari mobile browsers,offers a lightweight Web interface for popular mobile devices, enabling users to search and retrieve documents,as well as approve documents and participate in workflow automation processes,while away from their desktop computers. • The Laserfiche Mobile iPhone app takes advantage of the iPhone's touch screen,gesture recognition and high resolution interface to provide users with an immersive experience. Features include: • Create and upload new content with the iPhone camera. • Automatically crop,straighten and enhance captured information,with full text recognition. • Copy, move, rename, download,e-mail, print or delete content. • Browse for documents in a folder structure or search the entire repository • Participate in workflow automation processes by accessing metadata fields. • Interaction with Laserfiche Forms • The Laserfiche Mobile iPad app gives employees the ability to securely view and update content from wherever they are. Features include: • Provides secure access to documents and metadata • Enables users to create and upload new documents • Participate in Workflows on the go • Interaction with Laserfiche Forms • Laserfiche Mobile for Android allows you to : • Search across all documents in a repository • Pan,zoom, rotate,and easily access metadata while working with a document in the Document Viewer • Quickly create and upload new documents from your device's camera, images in your device's gallery,and files stored on your device • Full support for Laserfiche Business Processes, including starting business processes and viewing their details • Use personal libraries to create task lists or group related entries to make working with them faster and easier • Add, edit,and view entry metadata • Copy document text for use in other apps • Process,clean up,and compress captured documents for easier viewing • Capture the geographic coordinates of an image to allow linking documents to their mapped location • View and export PDFs and other electronic documents • E-mail document or folder links to colleagues • Manage documents using copy, move, rename,print,and delete • A variety of security options keep documents secure in Laserfiche and on your device • Widget lets you quickly upload new documents and images • Interaction with Laserfiche Forms 181 19' moomminuommiomos Sor rwARE DESCRIP"IIONS I) is o Laserfiche Sharepoint Integration: The (Tche and SharePoint herefore a Web Access iserequiored forPthe built on the power of Laserfiche Web Accessl Laserfiche Sharepoint Integration), ae do cements. pliant thin client that reduces installation,support and maintenance • d in a aserfiche repository to Laserfiche PIuSTM Laserfiche Plus allows the information store can beLviewed by anybody, regardless portable. Laserfiche documents published by Laserfiche Plus of whether they have Laserfiche installed.If these portable Laserfiche documents are sent to a so coose to company or site that already has Laserfiche installed, software prepares aIzation copy of the can Ilasehfi he files attach those documents to their repository. This your (images,text,electronic files, annotations, CChoosingplates toield publdataish to atemporary)for burning )direlctoryallows removable media or to a temporary directory. you to write it to your removable media at your convenience. • Laserfiche E-Mail Plug-inTM allows instant electronic ided ntevery Full User andvia standard ARetrieval PI- compliant e-mail applications. This feature is automatically enc u User license purchase. Workflow Process Automation, Collaboration,and Tracking • tive business Laserfiche Workflow: Enables organizations ed onutomate cond't ons.The softwabe tra sforms your static processes,such as approvals or routing b Laserfiche repository into a dynamic content efficye Addi ionament ion that ensures your business lly,Workflow can be used for processes are performed consistently and ient database integrations,and to improve consistency with how records are filed in Laserfiche. • porting well as Laserfiche Digital Signatures: Laserfiche allows users sign pl cat ons of digital sriefcases when ignatures SS gning a documents stored in Laserfiche.These are two separate with the certificate associated with the signing briefcase file embeds the signature in the file along key.The full certificate chain is embedded.This allows users bre fcasoes may,but do not necessarily ve who created the briefcase and that the briefcase was not tampered with.Digitally signed lied to documents stored in contain digitally signed documents.Digital signatures can be app when Laserfiche.The digital signatures are stored ass m o the briefcasedata was are rpreserved signed).exporting a document in a volume or briefcase(whether - Users can digitally sign a document in the Laserfiche Client or Web Access to indicate their heal of approval.Documents can also be rsMMultiple igned yanother signatures aend counterr,which signaturesicates `an be the document and the existing gnature applied to a single document. on the server which - Digital signatures are validated with signing gust certificates signature becomes thenval'd if the verifies that a signature on a documentapplied.signature was certificate is expired or if a document has been thellaseified rf Lasence rfiche Administration on Console or Web Signature certificates are managed through Administration Console. As a pre-requisite, theorganization aniztiol Signatures. Digital Certificates set- up on the network,prior to implementing Laserfiche • Laserfiche Audit Trail Modules:Three levels of audit reporting to address your specific regulatory compliance and security needs. 19l SOFTWARE DESCRIPIIONS • The Starter Edition tracks basic events that occur in the repository and that involve accessing, modifying or exporting data. Basic events include creating,editing, printing or deleting documents,creating annotations,and assigning metadata. • The Standard Edition builds on the Starter Edition by tracking additional security-and access- related events.This edition can also track unsuccessful attempts to perform an action,such as failed attempts to access or print documents. • The Advanced Edition meets the needs of organizations in the most highly regulated environments. It includes all the functionality of the other two editions,and also tracks many more events including password changes,the creation or modification of users and groups,and changes to repository-wide settings. It can also track all the searches users perform, require users to enter reasons for performing certain actions,and automatically add watermarks to printed documents. Electronic Forms • Laserfiche Forms allows organizations to create Web forms for collection and processing information electronically. • Laserfiche Forms has flexible design options to meet your organization's needs. You can: - Create custom forms from a library of field or selection elements. - Apply preset or custom themes,including page logo,colors, buttons,fonts,and more. - Configure form elements to dynamically be displayed or hidden depending on user inputs or to be populated with data from external data sources. - Automate business processes for form data to follow,such as decision-making,emailing,or approvals. - Create custom form layouts and dynamic behaviors with CSS and JavaScript. • Role-based security is included to allow and restrict access to necessary functions for form submitters, reviewers,approvers,form creators,and system administrators. • Reporting tools allow different views of details on submitted forms such as: - User view of details about all submitted forms. royal. - Approver"dashboard" of submissions awaiting app status. - Administrator views of all submissions by form and approval • Forms can be used internally or externally URL,secuhe URLpor emthe lbedded into a Webate licesing). llpage Publication include login to forms system, public • Submitted data can be exported for further analysis or distribution. • Submitted forms can be utilized to initiate an email notification or start a workflow rule within Laserfiche. Laserfiche Integration Plug-Ins • LF Integrator's Toolkit: Provides the tools&documentation necessary for customizing Laserfiche,and integrating Laserfiche with other applications. • Third Party Integration Plug-Ins: - Datallow Affinity Integration—Datallow Affinity brings the power of Laserfiche document management to the applications you use most.Document searches can be reduced to a single click of a button. New documents can be added to your Laserfiche repository without manually entering template field values,file names,or folder locations. Laserfiche Connector truly makes Laserfiche feel like part of your business software. - Laserfiche Connector Integration—Laserfiche Connector provides a streamlined experience for integrating Laserfiche with line of business applications such as CRM and ERP systems. 20 2 SOFTWARE DESCRIPTIONS Laserfiche Connector integrates easily through user-defined hotkeys and embedded icons. Laserfiche Connector allows: o Searching the Laserfiche repository based on fields from third-party applications such as CRM and ERP systems. Both basic and advanced searching is supported. If only one result is found,the document will automatically open in the Laserfiche Client, Laserfiche Web Access or Laserfiche WebLink. o Launching Laserfiche Scanning and automatically populating metadata for the scanned documents with information from a third-party application. o Connecting two applications by allowing one of them to start the other(including the ability to pass parameters between them). o Choosing whether any of the above actions are activated from a keyboard shortcut, a button embedded in the application's title bar,or both. - RatchetX Integration—RatchetX is a configurable and robust middleware integration tool for Laserfiche. With a single click of a button, new documents can be added to Laserfiche from another application,and users can search Laserfiche directly from the applications they use most. RatchetX is unique in regards to the robust toolset it provides for accessing data from other applications(even the toughest proprietary systems),for use configuring the most common ECM integrations: Indexing, importing/scanning, and executing search queries. In addition, RatchetX provides the capability to create custom integration activities,such as populating a record in another system from the data extracted during the intake process in Laserfiche,or looking up a record in another system from the Laserfiche interface itself(Bi-directional Integration). - LF Integrator GP—LF Integrator empowers Great Plains users to scan, search and link supporting documents in Laserfiche document management applications directly from the Great Plains menu bar. Link the document and workflow management power of Laserfiche with your current Great Plains implementation. - LF Integrator AutoCAD—LF Integrator for AutoCAD allows you to store AutoCAD drawing files or associated documents in Laserfiche, including embedded cross reference files, directly from the AutoCAD menu. Launch Laserfiche scan or search modules using the drawing file for template or search criteria,or create a Laserfiche document template using the fields from any AutoCAD drawing title block with a single click. - GeoDocs:GeoDocsTM is a web-based software that seamlessly integrates ESRI ArcIMS(soon to be ArcGIS Server)and Laserfiche. Utilizing robust search capabilities, users of GeoDocs can access digital documents stored in a Laserfiche repository from within the web-based GIS program and vice versa,access spatial information stored in a GIS from within the Laserfiche web client. - ImageSign for Laserfiche—ImageSign for Laserfiche allows you to digitally sign documents inside of Laserfiche securely. There are also options for utilizing external signature pads to allow customers&external users to electronically sign documents. *Created&supported by MCCi only. - LT Systems Laserfiche Integration—LT Systems Laserfiche Integration allows users of the LT Systems Court solutions to archive court related documents into Laserfiche. Users can launch Laserfiche scan or searching windows from LT Systems and bring data and documents directly into Laserfiche while capturing metadata in LT Systems. *Created&supported by MCCi only. 21 1 202 TLC:N\ICAL SUPPORT lementation successful and the usage of your product an When you become a client of MCCi,you gain much more than just a new product. You gain a relationship between our staff and your organization to make your product p enjoyable experience. In order to make this possible,MCCi offers both Proactive and Technical Support. PROACTIVE SUPPORT MCCi assigns each account with a Regional Account Executive and an internal phase and nt anage II Team. M g You continue have already worked Your with Executive will provide a local presence and contact information to support you. implementation should local meetings be necessary. The Account Executive also assists in pre processes. support through the life of the product. MCCi Your Account Manager will assist in managing ndgt sgthe Account Managers' role to insure this ongoing ibelieves in a proactive support methodologytouch year to discuss communication with clients. Your Account Manager telcos e d n scussed mray ncludehbut are not limited optimal system usage and ensure client satisfaction. to: • Identify any needs that could easily be addressed ith cese thcurrent ow other syscelsntomersare using the system • Provide resource for question and answer,best p with use of documented case studies, Listservs,supeort center,etc. • Provide continued education for existing and new users within the organization through the use of webinars,seminars,workshops, users group, and • Annual review of current system configuration • Dedicated sales support staff for pricing inquiries and budgetary information • Annual supp ort renewal notification to ensure your renewal process is timely and accurate Educational Resource Definitions put together narrative accounts of specific usages of • Case Studies—MCCi works with our clients to integrations,etc.are MCCi solutions in their organization.to learn from the information.s,document types, noted to allow other userses of system customers. A Listsery is a • MCCO Listsery—MCCi has created a Listsery for specific typ creative use of e-mail,which provides a means for End Users thru aosingle enmshare oairl aUsoes of the Listsery interest. Members are able to communicate withpeerscties. may include fielding requests about system usage,as well ase ss bt prsaprcctices,and information for • Support Center—This resource is a compilation of white pap system users all in one location. Through the support center, users can also submit and check the status of their support tickets. • Webinars—MCCi conducts monthly webinars on different topics promoting more efficient system moreconcepts, usage. User webinars are also offered on more specific topics related to products,h the web and s, are a departments,etc.regarding the usage of your system. These are done throug convenient way of staying informed on the newest technologies available. ew and d rs • Seminars—MCCi conducts seminars on different topicsto help educate existcustomer.existing gsen can lso throughout the year. They are usually locatedat a host site their current be offered at current client's locations to invite departments to learn more regarding ns and system.• s to keep end users trained on the newest versio User Groups—MCCi offers annual user groups p products. These are geared to both users and administrators of the system. TECHNICAL SUPPORT TECHNICAL SUPPORT The Laserfiche Software Assurance Plan(LSAP) helps preserve your investment and extend the benefits of your original purchase by providing you access to the assistance needed to ensure that you maximize system uptime. You have access to a toll free line to call for technical support or submit tickets online through our support center. When you subscribe to the LSAP you receive the following benefits: • 100%upgrade credit for your existing software(in the event of an upgrade) • Free software updates for your current system • 24-hour FTP and website access which includes the MCCi Online Support Center • Technical bulletins and newsletters TRAINING CENTER MCCi's Training Center provides an easy,cost-effective way to provide Laserfiche training to all users in your organization.An annual subscription allows access to our online course offering of over 200 training videos.The Training Center is home to video categories such as Laserfiche Administration, Laserfiche Client,Workflow, and Tips&Tricks. All videos use instructor descriptions from Laserfiche Certified Professionals.The Training Center provides the following benefits: • 24/7 access to on-demand Laserfiche training videos and other resources • Reduction in training expenses • Caters to all skill levels from Basic Users to Advanced System Administrators • Unlimited access for your entire organization • User determined schedule and pacing • Reduction in internal support • Increased efficiency through improved internal usage/adoption • Instant/budgeted training available in the case of employee turnover • Enhance your organization's internal Laserfiche training program • Increased user productivity 204 TECHNICAL SUPPORT PROFESSIONAL SERVICES ANNUAL PACKAGES MCCi Managed Services or MCCi Laserfiche Administration Services are strongly encouraged to be included with every support renewal. MANAGED SERVICES MCCi's Managed Services package provides ongoing additional training and assistance to a client's Laserfiche administrator and users. Pricing is based on MCCi's Systems Engineer hourly rate discounted by 10%through purchasing an advanced block of services per year based on the products purchased. MCCi Managed Services is an annual package and will expire on the same date as your SAP plan. Managed Services can be used for the following professional services/benefits: • Additional Training—additional training,via web conferencing,can be conducted to train new users on the use of the system or as refresher training for existing users. • Additional System Set Up Consultation—MCCi offers additional consultation that includes recommendations on best practices for adding additional departments,additional types of document etc.to your current system. • Remote Implementation of Software Updates—While the standard SAP plan covers free updates for software, implementation of those updates is sometimes overlooked. With the addition of our Managed Services, MCCi is at your service to directly assist in implementing software updates such as minor updates,quick fixes or point releases. Dependent on complexity and client specific configurations, major software upgrades may or may not be covered and should be discussed with your Account Management Team. • Annual System Review&Analysis—Upon request, MCCi will access your system to review and analyze how your organization is using the system, identify discovered potential problem areas and make recommendations for better use of the system. This analysis is designed to be implemented 6 months after the initial Software installation,and should be performed annually after that date.This is an optional service that will be completed only if requested by the Client. • Remote Access Support—Remote Access Support allows our helpdesk staff to access your machines remotely to resolve problems faster.The use of Remote Access Support saves you both time and money by reducing the delays in resolving software issues without costly onsite visits. • Laserfiche Certifications—First priority offering of complimentary Laserfiche certifications on an as available basis. • Laserfiche Conference Registration—First priority offering of complimentary Laserfiche Annual Conference registration on an as available basis. *Please see our Workflow Configuration Training section for information on Workflow Managed Services. MCCi does provide continued technical support for all MCCi applications.Technical support is provided via email or telephone during normal business hours of 8:00 a.m.to 5:00 p.m. local time in the Continental U.S. Clients can designate several individuals who are to be the technical support contacts. Those individuals may contact MCCi at any time for technical support.There is no limit on the number of technical support calls that can be made.Adjustments in annual support rates may be made to coincide with current U.S. inflation rates. 205 TECHNICAL SUPPORT LASERFICHE ADMINISTRATION SERVICES MCCi's Laserfiche Administration Services package is for clients who need a Laserfiche administrator,or additional Laserfiche administration/implementation services. Pricing is based on MCCi's Project Manager hourly rate discounted by 10%through purchasing an advanced block of services per year, based on the products purchased. MCCi's Laserfiche Administration Services is an annual package and will expire on the same date as your SAP plan. MCCi Responsibilities • Provide all that is included with MCCi Managed Services Package • Provide a dedicated Laserfiche certified professional • Laserfiche Administration services • Configuration of basic Laserfiche filing workflows • Configurations of Laserfiche Forms using off the shelf features Client Responsibilities • Configuration of backups • Configuration of any general network,security,or operating system settings outside of Laserfiche • Providing an IT contact(internal or 3`d party)for MCCi to work with as necessary • Providing remote access capabilities as needed. Client also agrees to be present and monitor MCCi technical resources during any configuration changes. If the client requests MCCi to have unattended access,the client assumes all responsibility for the related remote access session(s) *For complex Forms, Workflow, and Transparent Records Management configurations,please discuss a Business Process Configuration Service with your Account Executive 201 HARDWARE REQUIREM E\TS MCCi will provide necessary consultation upon request,as to the compatibility of current hardware with the Laserfiche System. Changes and recommendations will be made at the time of consultation. See system requirements below. Please keep in mind that these are the minimum system requirements as recommended by MCCi,and should be considered independently rather than collectively. Additionally,overhead for virtualization has not been factored in to these requirements. MCCi does not recommend any version of Windows that is approaching or is beyond the"End of Extended Support Date" specified by Microsoft. Scanning Station PC OS Windows 8(32 or 64),Windows 7(32 or 64),Windows Vista CPU 2.8 GHz processor or faster Memory 2 GB RAM or more Communications TCP/IP Web browser Internet Explorer 6.0 or higher Client OS Windows 8(32 or 64),Windows 7(32 or 64),Windows Vista CPU 1 GHz Processor or better,Performing OCR:Dual Core 2.8 GHz or faster processor Memory 1 GB RAM or more,Performing OCR:2 GB RAM Communications TCP/IP Web browser Internet Explorer 6.0 or higher Batch Processing Quick Fields Machine Windows 8(32 or 64),Windows 7(32 or 64),Windows Vista,Windows XP Professional OS (Service Pack 3 or later) CPU 2.8 GHz Processor or better,Performing OCR:Dual Core 2.8 GHz or faster processor Memory 4 GB RAM or more Communications TCP/IP High Volume Recommendation Windows 7 x64 with 8 GB RAM,Intel Core 2 Duo Processors 3.33GHz Laserfiche Application Server Windows Server 2012 R2,Windows Server 2012,Windows 2008 R2,Server 2008(Service OS Pack 2 or Higher) CPU Quad-Core Processor,2.5 GHz Processor or better Memory 4-8 GB RAM Communications TCP/IP 207 HARDWARE REQUIREM EN15 Clients are responsible for any additional security protocol setup/associated fees that are required to provide internal/external web access. An example would be setting up "Kerberos"for thin client active directory authentication,or setting up VPN access to allow Laserfiche's iPad/iPhone applications to connect through the Web Access server. Laserfiche Public Portal—Weblink Per Processor(Unlimited)licensing specifics: The Public Portal License allows unlimited connections per processor,however a large number of connections may affect the Laserfiche application server performance(one processor can handle roughly 100 to 150 concurrent retrieval connections). The client must have one Public Portal License for each Laserfiche application server they desire to connect to,and the Public Portal license must be licensed by the appropriate number of processors,which is required to match or exceed the CPUs/processors on the Laserfiche application server that the Public Portal will connect to. For example,the client must have a dual-processor or multiprocessor Public Portal license in order to connect to a Laserfiche Application Note Server that has two or more processors.Public Portal View Only Licenses may only be used with Weblink;they are not available for other applications. OCR Scheduler for Laserfiche OS Windows Operation Systems:32&64 bit Requirements Laserfiche Version 8 Server(runs as a service),Laserfiche Version 8 Client. Recommendation 1 dedicated LF Named User license Scanners Must use ISIS drivers to be compatible with Laserfiche ScanConnect software.Scanner compatibility should be confirmed by referencing the most up to date Laserfiche published supported scanner list at: http://laserfiche.com/static/Resources/scanlist.html. Laserfiche Forms Laserfiche Server Version 8.3.2 or higher,Avante or Rio licensing model Web Server Windows Server 2008 or Windows 7 with 115 7 or 7.5,Windows Server 2012 CPU 2.9 GHz or faster processor Memory 8 GB RAM or more Database Server Microsoft SQL Server 2008,2008 R2,and 2012,and 2012 R2 Laserfiche Forms can be viewed in Chrome,Firefox 3.5 and higher,Internet Explorer 7 and higher,Opera,and Safari(Mac only). It also support mobile browsing from iPad 2 and higher. For best results we recommend using Internet Explorer 9 or higher,Firefox 12 or higher,or Chrome 6 or higher Client Note Internet Explorer 7 users should install Microsoft security update 947864(MSO8-024) 209 The terms of this agreement shall remain in force and effect for a period of ninety(90)days from the date appearing below, unless accepted by the Client. 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W > co > tr,c = o W I— — a • —^ (Cl '^ W 5 ra.tn E °; o c a - �, too G N >- a' m +; ro X 0c > O w � �ov3 ,- m -v bn -o a L cora c c aJ aJ 0 (-)— aa, r>a E o v ami ° +� c v Z LL 4_ vi ro77' ..c b 0 _C O v, a) v Lu w a; t C • C v (Cl E CI E Y L a, C7 c C n o v v .0 D c Z c c m •� o .c v O v _C +a V a 0 CC Vw .Ln V., 12 Ww a, .n a.,.2 o ye 2 I- a C v 222 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION /(-9 61- REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Patricia Hunt ADDRESS: PO Box 442 Roseland,Florida 32957(Temp.mail) PHONE: 8082056537 SUBJECT MATTER FOR DISCUSSION: New public cameras in public building,documented etc. IS A PRESENTATION PLANNED? x YES NO IS BACK-UP BEING PROVIDED YES NO IS THIS AN APPEAL OF A DECISION YES x NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? YES NO WHAT FUNDS OR ACTIVITIES ARE Unsure depending on the answer from the County REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form X E-Mail COUNTY ADMINISTRATOR: (-r?,t/4selfh Fax A. Baird Mail Hand Delivered MEETING DATE: 5/12/2015 Phone 223 13 County Attorney's Matters-5.12.15 4 r : Office of 0_, '�` INDIAN RIVER COUNTY ATTORNEY Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney c12. --- DATE: May 5, 2015 SUBJECT: Sunset of Ordinance Amending Section 300.02 (Prohibited hours of sale, service and consumption) BACKGROUND. On May 20, 2014, the City Council of the City of Vero Beach voted to extend the hours that alcohol could be served within the City of Vero Beach from 1:00 a.m. to 2:00 a.m. Additionally, the City Council voted to include a sunset provision, with a date of June 15, 2015. On July 1, 2014, the Indian River County Board of County Commissioners ("Board") enacted Ordinance 2014-13, which brought the hours of operation in the unincorporated portions of Indian River County ("County') in line with the City of Vero Beach regulations. The ordinance also contained a similar sunset provision. At this time, the County Attorney's Office seeks guidance from the Board as to whether the Board wishes to maintain the extended hours that alcohol can be served in the unincorporated areas of the County, or whether to allow the revised hours to sunset. Indian River Co. Approved Date Approved for County Attorney's Matters Admin. ON I j,. May 12,2015 Co.Atty. , ie; Budget ( gificiti-)5 Department Ris Management I --- COUNTY ATTORNEY F.1l(arnev'Linda)GEA'EB.-lLB C C"Agenda Memos Sale of Bet erages Ordinance(?).kie 224 Board of County Commissioners May 5, 2015 Page Two FUNDING. If the Board decides to hold a public hearing for maintaining the extended hours, funding for the cost of required legal advertisement is estimated not to exceed $150.00 and is available from the M.S.T.U. Fund County Planning Department—Legal Ad Account (No. 00420515-034910). RECOMMENDATION. The County Attorney's Office recommends that the Chairman allow for public input and have the Board of County Commissioners of Indian River County decide whether to direct the County Attorney's Office to draft an ordinance maintaining the extended hours for the sale of alcohol in the unincorporated areas of the County. RvInarnevienda ENERiL\BC CWgenda Menioe Sole of Beverages Ordinance(?/.dor 225 ;fist n • a�, # A y art • ; INDIAN RIVER COUNTY SHERIFF'S OFFICE MEMORANDUM Sheriff Dery!Loar May 8,2015 TO: Lieutenant Tony Consalo FROM: Felicia Stoll,Crime Analyst SUBJECT: Before and After Stats Reference to Ordinance 2014-013 Per your request,the table below reflects the number of crashes,disturbances and DUI arrests that occurred prior to Ordinance 2014- 013 as well as after. These stats cover two full years and the ordinance went into effect July 2014. These incidents all occurred between the hours of 01:00—04:00. Incident Type May 8,2013-May 7, May 8,2014-May 7, %change 2014 2015 Crash 172 186 8% Disturbance 630 557 -11% DUI Arrest 41 44 7% /FS ,_25 . ) 1.3@ Attorney's Matters-B.C.C.05.12.15 _ � ' 4� Office of r_ 0r_ INDIAN RIVER COUNTY ATTORNEY t Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney 0/1-- -. DATE: May 1, 2015 SUBJECT: County Attorney's Annual Employment Agreement My current employment agreement expires on July 1, 2015. I continue to enjoy my job, and would like to renew it for another year. A proposed agreement is attached. The only change from the current agreement is an increase in the annual compensation which reflects my current salary. RECOMMENDATION. The County Attorney recommends that the Board review the attached proposed agreement, and decide whether to approve the agreement and authorize the Chairman to sign it. ATTACHMENT(S). Proposed County Attorney Employment Agreement APPROVED FOR MAY 12, 2015 Indian River Co. A k : oved Date B.C.C. MEETING—ATTORNEY'S MATTERS Admin. V�I 015 Co.Atty. �Budget l --e Dept. --- Risk Mgr. --- COUNTY ATTORNEY h UnornryV,iadalGENERAL18 C('WRem10 Memo,ICAO(OTR Contract 1015-16/.,4x, 226 EMPLOYMENT AGREEMENT BETWEEN INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS AND DYLAN T. REINGOLD THIS AGREEMENT made and entered into as of , 2015 by and between the Board of County Commissioners of Indian River County, Florida, a political subdivision of the State of Florida, hereinafter called "County" and Dylan T. Reingold, hereinafter called "County Attorney". WITNESSETH: WHEREAS, Indian River County desires to employ the services of Dylan T. Reingold as County Attorney, and WHEREAS, Dylan T. Reingold desires to accept employment as Indian River County Attorney, and WHEREAS, the State of Florida has developed a Senior Management Class within the Florida Retirement System, and WHEREAS, the County Attorney has been designated a member of the Senior Management Class, and WHEREAS, designated membership in the Senior Management Class requires that: 1) employees serve at the pleasure of their employer, and 2) employees may not have a continuing contract, and WHEREAS, the County Attorney, as a County Officer works directly for the Board of County Commissioners, NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: SECTION 1. COUNTY ATTORNEY'S DUTIES In consideration of County Attorney's employment by the County, County Attorney shall devote full time and attention to the practice of law on behalf of Indian River County and shall not undertake any compensated outside legal work,unless otherwise authorized by the County. County Attorney's law practice on behalf of the County shall be under the direction of the Board of County Commissioners of Indian River County, who shall determine the matters to be assigned to County Attorney, the specific duties to be performed by County Attorney, and reasonable standards of performance to be maintained. F.WwrnylLwdaIGENERALlCAO1S10DyI..RNnyoldlRwploy.rni ArrOMIlla(201S-16).dac Page 1 of 4 227 SECTION 2. GENERAL POWERS OF THE COUNTY Subject to the Rules of Professional Conduct, as established and amended by the Supreme Court of Florida, and all applicable laws, regulations, and rules of court, the County shall have the power to review all work performed; to determine the time and manner of the performance of all work, and to determine standards of performance, all of which shall be reasonable. SECTION 3. ETHICS,UNLAWFUL CONDUCT,AND ARRESTS A. County Attorney shall abide by and perform all assigned duties in accordance with the ethics of the legal profession and all federal, state, and county laws, regulations and ordinances regulating the practice of law. B. County Attorney shall immediately notify the County Commission within three (3) days of contact when information has been filed by a prosecuting official against him/her, when indicted by a Grand Jury, or when arrested, for any offense or violation of law; or if any disciplinary action is imposed by the Supreme Court of Florida including, but not limited to, probation, suspension, or disbarment. The Commission shall determine if it is in the best interests of the County to: 1. Retain County Attorney in his/her regular position pending court disposition; and/or 2. Place County Attorney on leave with or without pay until such time as any charges are disposed of by trial, acquittal, dismissal, conviction, or other judicial action; and/or 3. Initiate disciplinary action up to and including termination. In the event that County Attorney is retained pending the resolution of the charges, and pleads nolo contendere or guilty, or is found guilty of any job related offense or any offense that would adversely impact the County or the employment status of the Officer, or which would tend to affect the Officer's relationship to the job or fellow workers, or negatively reflect on the reputation of County government, County Attorney may be terminated from employment, without severance or compensation per Section 9. Severance of this agreement. SECTION 4. ANNUAL COMPENSATION For all services rendered County Attorney shall be paid a salary (base pay) of One Hundred Forty-Seven Thousand Eight Hundred Five and 06/100 Dollars ($147,805.06) annually, payable in 26 bi-weekly installments of$5,684.81, as adjusted for necessary deductions. County Attorney's salary shall be increased by any cost-of-living increases granted other County employees and with the same effective date. Salary increases per Section 7. Terms shall be adjusted as of the commencement date of this Agreement, unless otherwise authorized by the F lAttornayll_radolGENERALICAOLItaffiDylanR.;ngo, ,, n,,,g,e.meri(2013-16).doc Page 2 of 4 228 County. In addition to salary, County Attorney's compensation includes a car allowance in the standard amount for senior County employees receiving a car allowance. SECTION 5. ADDITIONAL BENEFITS County provides employees with a number of benefits that are set forth in the Indian River County Administrative Policy Manual. These rights and benefits are available to County Attorney on the same terms and conditions that they are available to a full-time, regular non- contract employee; provided, however, specific terms of this employment agreement shall control and govern if there is any conflict with benefits and rights afforded under the County Administrative Policy Manual. County Attorney shall receive fifteen days of vacation leave annually, available beginning on the employment anniversary date each year. In the event that County Attorney's employment with County terminates for any reason at a time when County Attorney has taken more vacation days than have accrued at the rate of 9.375 hours per month, County Attorney shall reimburse County for the overused vacation days, which amount County may deduct from County Attorney's final paycheck(s). Vacation leave shall not accrue above the maximum allowed by the County Administrative Policy Manual. In addition, Continuing Legal Education as necessary to maintain certifications and Bar membership, and additional Continuing Legal Education deemed relevant or appropriate by County Attorney will be paid by County. The term "Continuing Legal Education" includes travel, lodging, and per diem expenses. County shall pay County Attorney's Florida Bar dues, Florida Bar section fees, board certification or recertification fees, and local bar association dues. County Attorney is included in the"Senior Management Service Class" of the Florida Retirement System. SECTION 6. CONTRACT The County Attorney acquires no property rights in employment but has only contractual rights set forth or incorporated by reference in this employment agreement. SECTION 7. TERM This employment contract is for one year from the commencement date written above. The Contract is not continuing in nature and must be renewed on an annual basis. Renewals shall be under the same terms as this agreement or as otherwise agreed to by the parties, except that Section 4. Annual Compensation may be increased. County shall provide County Attorney at least 30 days' written notice in the event of non-renewal. SECTION 8. TERMINATION A. This contract may be terminated at will by the County or by County Attorney upon 30 days' written notice given to the other party. County Attorney waives any right to be paid for unused accrued annual leave, vacation or sick leave time in the event the contract is terminated or not renewed by either party for any reason. B. The Board of County Commissioners may also, for cause, terminate the employment of County Attorney at anytime whatsoever, by affirmative vote, of not less than F'LluomryV/ndalGENERALCAOISkielDylon RNnyoME.ploywsnIAgne..M(7O15-l6).dx Page 3 of 4 229 three (3) members of the Board. County Attorney shall be entitled to a hearing before the Board if, within five (5) business days of termination, he so requests in writing to the Chairman of the Board of County Commissioners. In the event County Attorney is terminated for cause, County shall be under no obligation to pay severance or provide 30 days' notice per Section 9. Severance of this agreement. The term "for cause" shall be deemed to include: gross negligence in the handling of County affairs; willful violation of the provisions of law; willfully disregarding a direct and lawful order, demand, or policy of the Board of County Commissioners; conduct unbecoming a public employee; habitual drug abuse; conviction of a felony; or conviction of any crime involving moral turpitude or relating to official duties; or loss or suspension of license to practice law in the State of Florida. For the purposes of this paragraph, if the County Attorney pleads guilty or nolo contendere or if found guilty of a felony, he shall be deemed to have been convicted,notwithstanding a suspension of sentence or a withholding of adjudication. SECTION 9. SEVERANCE If the County terminates this contract at any time or in the event of the County's failure to renew an employment agreement with County Attorney, County shall not be obligated to pay any severance or maintain County Attorney health insurance coverage or pay County Attorney health insurance premiums, provided, however, County shall provide no less than a 30 days' notice of termination without cause. IN WITNESS WHEREOF, the parties have caused this agreement to be duly executed at Vero Beach on the date set forth above. Attest: Jeffrey R. Smith, Clerk of Court, BOARD OF COUNTY COMMISSIONERS and Comptroller OF INDIAN RIVER COUNTY,FLORIDA By: By: Deputy Clerk Wesley S. Davis, Chairman Date approved by BCC: Approved: COUNTY ATTORNEY By: .• , / ,• 1 ►seph A Baird, County A inistrator ylan T. Reingold F lAttornryl�IGENFRALICAOLSteDylan RefwgolddEwploymeni Agrsewew 0015-16)doe Page 4 of 4 230 ITEM 14.A11 May 12, 2015 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: May 6, 2015 SUBJECT: Jungle Trail and Fire Tower FROM: Wesley S. Davis Commissioner District 1C-47i I kindly request your consideration in addressing Ruth Stanbridge's requests concerning the Historical Society's two upcoming projects. Attached: Email from Ruth Stanbridge dated May 4, 2015 231 Wesley S. Davis From: STANBR@aol.com Sent: Monday, May 04, 2015 5:32 PM To: Wesley S. Davis Cc: indianriverhisto@bellsouth.net Subject: Jungle Trail and Tower Attachments: JungleTrailLogofromMichaelStutzke3-12-15.jpg Wesley, Thank you for meeting with me concerning the Historical Society's two upcoming projects. (1) Jungle Trail Greenway Destination: Michael Stutzke has offered his Historic Jungle Trail logo to the Society and the County for use as it relates to the Jungle Trail Greenway project. This is a unique and beautiful logo and a registered trademark(see attached -Vero Beach, Florida would be removed). There would be no charge for the logo, just his trademark credit used on any and all things that we would use this logo for. I would think a legal agreement would be needed as we move forward with this project. We feel this logo would enhance this 7.5 mile greenway and would be a recognized logo. What would be the next step? (2)The next project is the small category grant(up to $50,000) due into the Department of State at the end of this month. This grant would be for the stabilization and restoration of the fire tower and small radio building near Station 13. Currently, the Society does not have a lease agreement with the County, but has been talking with John King and Emergency Management about one. Unfortunately, details will not be worked out before this grant is due, but a letter from the land owner(the County) will be necessary to complete the grant. This grant- if successful-would not be available until July 2016, so there would be plenty of time for a lease to be drawn up. Is it possible to get a letter in time for the grant submittal? Please let me know if you have need of further information. Thank you, Ruth 232 DISTRICT INDIAN RIVER COUNTY,FLORIDA 15 i 5 MEMORANDUM TO: Honorable Emergency Services District Board of Commissioners THROUGH: Joseph A. Baird, County Administrator THROUGH: John King, Fire Chief Department of Emerge e ices FROM: Brian S. Burkeen, Assistant Chief DATE: April 30, 2015 SUBJECT: New World Systems Records Management and Tracking Software It is respectfully requested that the information contained herein be given formal consideration by the Emergency Services Board of Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: On November 18, 2014, the BCC approved The Department of Health, Bureau of Emergency Medical Services (EMS), county grant funds. Identified on the November 18, 2014 agenda item is a software module through New World Systems that will allow us to track all Fire Rescue equipment and medical supplies along with all uniforms and gear issued to all Fire personnel. By purchasing this software this will enhance our current record management system. FUNDING: ITEM Amount Account Number New World Records Mgt Software $25,575.00 11412022-066910 RECOMMENDATION: Staff recommends approval of the purchase of the New World Systems software for the equipment tracking and inventory control to be used as outlined in the County Awards grant application approved on November 18, 2014, by board resolution. ATTACHMENTS: 2 Copies of Software Agreement from New World Systems 233 APPROVED FOR AGENDA Indian River County Approved Date FOR: May 12,2015 Administrator � 1�= EMIIMI RMIPME BY: j 0 • 4'�`�>y,�' Budget Mf� IM epi A Baird, County Administrator Risk Management MI .. Department !M I �i�i 234 IIMNew World Systems* The Public Sector Software Company April 29, 2015 Hello! Please sign and return one (1) copy of the enclosed document to me via Fed Ex at your earliest convenience. (I have enclosed a prepaid Fed Ex Label and Envelope) Thanks in advance! Q , a,,. . 0 Carolee Anne Beyer Aegis Operations Department New World Systems 888 West Big Beaver Road, Suite #600 Troy, MI 48084 (248) 269-1000 ext. 1339 carolee.bever(a.newworldsystems.com Corporate:888 West Big Beaver Road•Suite 600• Troy•Michigan 48084-4749•248-269-1000•www.newworldsystems.com 235 Document#: 1211-15A2B New World April 29, 2015 ADDITIONAL SOFTWARE LICENSE AGREEMENT C 0 0 y. Battalion Chief Cory Richter Indian River County Fire Rescue 4225 43rd Avenue Vero Beach, FL 32967 Dear Battalion Chief Richter: New World Systems is pleased to license you additional software per your request. The attached forms(Exhibit AA and Proposal Summary dated 4/29/2015) are to be reviewed and approved by you and/or your authorized representative. They describe the additional software and services you have requested along with the related fees. Other than for the purposes of internal review, we ask that you treat our fees as confidential information. This is due to the competitive nature of our business. The General Terms and Conditions from our original License Agreement with the Indian County Sheriff, FL are incorporated and continue to apply. Any taxes or fees imposed from the course of this Agreement are the responsibility of the Customer. We thank you for your continued business with New World Systems. We look forward to working on this project with you. ACKNOWLEDGED AND AGREED TO BY: NEW WORLD SYSTEMS®CO_ ORA ON INDIAN RIVER COUNTY FIRE RESCUE, FL (N I n A i- (Customer) y: ilk• L_ By: arry D. Leiny giber, President Authorized Signature Title By: Authorized Signature Title Date: 04"/-'24`45 By: Authorized Signature Title Date: Each individual signing above represents that(s)he has the requisite authority to execute this Agreement on behalf of the organization for which (s)he represents and that all the necessary formalities have been met. The "Effective Date" of this Agreement is the latter of the two dates in the above signature PRICING VALID FOR 30 DAYS FROM DATE REFERENCED ABOVE. Corporate:888 West Big Beaver Road,Suite 600,Troy,Michigan 48084-4749 248-269-1000 www.newwoddsystems.com 1211-15A2B 0429 Add Inventory&Bar Code HW Page 1 236 APPROVED Attest: Jeffrey R. Smith, Clerk of Court and Comptroller County Administrator By: Deputy Clerk APPROVED AS TO FORM ANIVE S FE NC ' BY WtlLjAhi K.DF. ,RAAL DEPUTY COUNTY ATTORNEY Page/A 237 EXHIBIT AA TOTAL COST SUMMARY AND PAYMENT SCHEDULE I. Total Costs Summary: Licensed Standard Software, Implementation Services, and Third Party Products DESCRIPTION OF COST COST A. LICENSED STANDARD SOFTWARE as further detailed in the Proposal Summary $15,000 B. IMPLEMENTATION AND TRAINING SERVICES as further described in the Proposal 3,600 Summary C. THIRD PARTY SERVICES as further described in the Proposal Summary 6,975 ONE TIME PROJECT COST: $25.575 D. TRAVEL EXPENSES(Estimate) $2,000 II. Payments for Licensed Standard Software, Implementation Services,and Third Party Products DESCRIPTION OF PAYMENT COST A. ONE TIME PROJECT PAYMENT: 1. Amount due upon the Effective Date(100%) $25,575 ONE TIME PROJECT PAYMENT: $25.575 B. TRAVEL EXPENSES(Estimate) $2,000 1. 1 trip is anticipated,to be billed at actual cost for reasonable expenses incurred for airfare, rental car, lodging,tolls, mileage,and daily per diem expenses.All travel costs will be billed weekly for services provided in the previous calendar week. III. Standard Software Maintenance Services $2,400 Standard Software Maintenance Agreement (SSMA) fees for the software listed on the attached proposal will be added to Customer's current SSMA fees and will commence 90 days after delivery of the software; year one cost to be prorated to run concurrently with Customer's existing SSMA. Subsequent year SSMA fees for the above software will be consistent with the SSMA agreement currently in effect. ALL PAYMENTS ARE DUE WITHIN FIFTEEN (15) DAYS FROM RECEIPT OF INVOICE NEW WORLD SYSTEMS'Aegis PUBLIC SAFETY SOFTWARE 1211-15A2B 0429 Add Inventory&Bar Code HW CONFIDENTIAL AND PROPRIETARY Page 2 238 INDIAN RIVER COUNTY FIRE RESCUE,FL (Per the Indian River County Sheriff,FL Agreement) Proposal Summary April 29,2015 A. STANDARD APPLICATION SOFTWARE 1234 ITEM DESCRIPTION INVESTMENT LAW ENFORCEMENT RECORDS 1. Additional Aegis/MSP Software for Law Enforcement Records -Inventory 15,000 TOTAL SOFTWARE LICENSE FEE 5,6 05.000 B. IMPLEMENTATION SERVICES 7 ITEM DESCRIPTION INVESTMENT IMPLEMENTATION SERVICES 1. Up to 3 days of Implementation and Training Services are included for: 3,600 -Software Tailoring and Set Up -Bar Code Scanner Implementation Services -User Education and Training -Other Technical Support -Travel Time Included *Assumes train-the-trainer approach TOTAL IMPLEMENTATION SERVICES $3,600 C. THIRD PARTY PRODUCTS AND SERVICES" ITEM DESCRIPTION INVESTMENT 1. THIRD PARTY PRODUCTS AND SERVICES THIRD PARTY HARDWARE a. Hardware,System Software&Services 6,975 Bar Coding Scanner Kit w/Signature Pad-3 unit(s)per quote dated 4/29/14(attached) TOTAL THIRD PARTY PRODUCTS AND SERVICES $6,975 TOTAL ONE TIME COST ,$25.575 D. MAINTENANCE ITEM DESCRIPTION NVESTMENT 1. COMBINED STANDARD SOFTWARE MAINTENANCE AGREEMENT(SSMA)(Per Year Cost) Annual SSMA to begin at the end of the warranty period;year one cost to be prorated to run concurrently with Customer's existing SSMA. 90-Day Warranty from Date of Delivery No Charge Year 1 SSMA $2,400 E. TRAVEL AND LIVING EXPENSES(Estimate) ITEM DESCRIPTION NVESTMENT 1. TRAVEL AND LIVING EXPENSES(Estimate) Estimated 1 trip at$2,000 per trip. $2,000 PRICING VALID FOR 30 DAYS FROM DATE REFERENCED ABOVE. Indian County Fie Rescue,FL Proposal Summary NEW WORLD SYSTEMS'Aegis PUBLIC SAFETY SOFTWARE 1211-15A2B 0429 Add Inventory 8 Bar Code HW CONFIDENTIAL AND PROPRIETARY Page 3 239 Indian County Fire Rescue,FL Proposal Summary NEW WORLD SYSTEMS'Aegis PUBLIC SAFETY SOFTWARE 1211-15A2B 0429 Add Inventory&Bar Code HW CONFIDENTIAL AND PROPRIETARY Page 4 240 MSP ENDNOTES Personal Computers must meet the minimum hardware requirements for New World Systems'Aegis products. Microsoft Windows 7/8 or later is required for all client machines. Windows 2008/2012 Server and SQL Server 2008/2012 are required for the Application and Database Server(s). 2 New World Systems'Aegis product requires Microsoft Windows 2008/2012 Server and SQL Server 2008/2012 including required Client Access Licenses(CALs)for applicable Microsoft products. Servers must meet minimum hardware requirements provided by New World Systems. 3 New World Systems'Aegis product requires Microsoft Excel or Windows Search 4.0 for document searching functionality;Microsoft Word is required on the application server for report formatting. 4 New World recommends a 100/1000MB(GB)Ethernet network for the local area network. Wide area network requirements vary based on system configuration,New World will provide further consultation for this environment. 5 Prices assume that all software is licensed. 6 Licensed Software, and third party software embedded therein,if any,will be delivered in a machine readable form to Customer via an agreed upon network connection. Any taxes or fees imposed are the responsibility of the purchaser and will be remitted when imposed. 7 Travel and expenses are described in Section IIB of Exhibit AA. 8 Customer is responsible for any ongoing annual maintenance on third party products, and is advised to contact the third party vendor to ensure understanding of and compliance with all maintenance requirements. Indian County Fire Rescue,FL Proposal Summary NEW WORLD SYSTEMS'Aegis PUBLIC SAFETY SOFTWARE 1211-15A2B 0429 Add Inventory 8 Bar Code HW CONFIDENTIAL AND PROPRIETARY Page 5 241 153 ,;,:*... .COGS INDIAN RIVER COUNTY / 41vFRco (( c (-<)i SOLID WASTE DISPOSAL DISTRICT 1' ‘111 -�; �\ ~ outo� BOARD MEMORANDUM �v_c� Date: May 1, 2015 To: Joseph A. Baird, County Administrator Thru: Vincent Burke, Director of Utility Services From: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District\ Subject: Request to Participate in the "2015 KIRB Marketplace" at Indian River Mall DESCRIPTIONS AND CONDITIONS: The Solid Waste Disposal District (SWDD) promotes recycling programs in Indian River County in conjunction with the outreach and education support through Keep Indian River Beautiful (KIRB). SWDD has supported the Indian River Mall Green Market series for the past four years and these events have been very successful for both SWDD & KIRB. Similarly, the Indian River Mall has offered an opportunity to promote SWDD & KIRB this summer during the 2015 KIRB Marketplace which is comprised of five separate events in June, July and August. Indian River Mall has submitted the attached proposal requesting SWDD to be the title sponsor for the upcoming event. ANALYSIS: Per the proposal, the KIRB Marketplace starts on Saturday, June 13th & 25th, 2015 from 10 am to 5 pm. The next two events are scheduled for Saturday, July 11th & July 25th and one additional event Saturday, August 22nd. The general theme of the marketplace encourages reusing, recycling & upcycling in the forms of Artists, Crafters, Organic Goods, Botanicals and more! KIRB will receive income from each event sub-sponsor, be able to solicit donations, promote the Reuse Center, and encourage recycling and sustainability to County residents. Overall, this is a great opportunity to promote our "75 in 5! - 75% recycling by 2020" message and increase participation in recycling. Indian River Mall will provide the venue, event planning, equipment, maintenance and marketing. Indian River Mall estimates a value to SWDD of $11,000 for the marketing of SWDD/KIRB and has requested a sponsorship of $3,000. The reduced cost to SWDD of $3,000 extended last year is offered again this year, and again we will participate in five events. SWDD Agenda-Request to Participate in the 2015 KIRB Marketplace at Indian River Mall(2) Page—1— 242 FUNDING: Funding for the $3,000 sponsorship is available as a sustainability item in the SWDD recycling account under Other Professional Services, Account No. 41125534-033190 which is funded from SWDD assessments and user fees. - ACCOUNT NO.: Description Account Number Amount Other Professional Services 41125534-033190 $3,000 RECOMMENDATION: Staff recommends the SWDD Board authorize participating in the 2015 KIRB Marketplace at the Indian River Mall with a sponsorship in the amount of$3,000. ATTACHMENT: 1. 2015 KIRB Marketplace Proposal from Indian River Mall APPROVED FOR AGENDA: Indian River Co. 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