TOWN OF SEWALL S POINT

Transcription

1 TOWN OF SEWALL S POINT PAMELA MAC KIE WALKER Town Manager TO: FROM: SUBJECT: Town of Sewall s Point Commission Pamela Mac Kie Walker, Town Manager Agenda Item 4.a. Town Commission Meeting, June 24, 2014 Background: As directed at the Workshop on May 13, 2014, the attached amendment to Town ordinances will prohibit mobile billboards within the Town. Recommendation: Staff recommends that the attached ordinance be accepted for first reading and scheduled for adoption on second reading at the next regular meeting of the Commission. Staff is available for questions or action as directed by the Commission.

2 ORDINANCE NO. 403 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF SEWALL S POINT, FLORIDA, AMENDING CODE OF ORDINANCES, CHAPTER 74, SIGNS, AMENDING ARTICLE I IN GENERAL, RENUMBERING SECTION 74-1 PENALTY FOR VIOLATION OF CHAPTER AND AMENDING SECTION 74-2 RIGHT-OF-WAY VIOLATIONS TO PROVIDE FOR DISPOSAL OF SIGNS; AMENDING ARTICLE II SIGN REGULATIONS, DIVISION 3 SIGNS PERMITTED IN BOTH BUSINESS AND RESIDENTIAL ZONED DISTRICTS, SECTION SIGNS ALLOWED IN ALL ZONING DISTRICTS TO PROHIBIT THE PARKING OF VEHICLE SIGNS IN RESIDENTIAL AND PUBLIC SERVICE DISTRICTS AND FOR OTHER PURPOSES; PROVIDING FOR SEVERABILITY, THE REPEAL OF LAWS IN CONFLICT, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the Town of Sewall s Point, Florida, is a duly constituted municipality having such power and authority conferred upon it by the Florida Constitution and Chapter 166, Florida Statutes; and WHEREAS, the Town Commission has adopted code provisions pertaining to sign regulations which have been codified in Chapter 74 Signs of the Code of Ordinances; and WHEREAS, the Town Commission wishes to amend section 74-2 Right-ofway violations to better address the impoundment and destruction of prohibited signs removed from the public rights-of-way; and WHEREAS, federal and state courts have recognized that municipalities lawfully may regulate commercial signs to further the governmental goals of protecting the aesthetics and quality of life in a community and to protect against traffic hazards, under the police powers of the government; and WHEREAS, the Town Commission seeks to protect the aesthetic atmosphere and environment in its residential and public service districts, as well as protect against traffic hazards potentially caused by distracting commercial vehicle signs, among other purposes; and WHEREAS, the Town Commission has determined that it is necessary in the exercise of its governmental powers, including the police power, to protect the public

3 health, safety, and welfare of the Town, including the visual and aesthetic environment of the Town and its traffic safety; and WHEREAS, the Town Commission also seeks to protect the First Amendment right of free speech and believes that the amendments to Chapter 74 set forth below reasonably advance its substantial governmental goals of protecting the town s aesthetics and traffic safety and reach no further than necessary to accomplish these objectives; and WHEREAS, the Town Manager has recommended to the Town Commission that the Town Code of Ordinances at Chapter 74, Articles I and II, be amended to further the public s health, safety and general welfare; and WHEREAS, the Town Commission has reviewed these recommendations and determined that such amending of Chapter 74 of the Town Code furthers the public health, safety and general welfare of the residents and citizens of the Town. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF SEWALL S POINT, FLORIDA: Section 1. The whereas clauses are incorporated herein as true and correct and as the legislative findings of the Town Commission. Section 2. Chapter 74 Signs, Article I In General of the Town Code of Ordinances is hereby amended to read as follows: ARTICLE I. IN GENERAL Sec Penalty for violation of chapter. Violations of this chapter shall be a Class A violation, punishable as set forth in chapter 18. Sec Right-of-way violations. If thea prohibited sign is unlawfully located in a public right-of-way, the town may immediately remove said sign. Information contained in the sign, including names, addresses or phone numbers of persons or entities advertising on the sign shall establish a rebuttable presumption of ownership for purposes of enforcement of this violation.if the sign is not claimed within 15 days of the issuance of the citation, the town may destroy the same without liability.such signs shall be handled in the following manner:

4 (a) Illegal signs of negligible or no value. Any sign placed or erected in a public right-of-way in violation of this chapter which has negligible or no value due to its perishable or nondurable composition, including, but not limited to, those made out of paper, cardboard, posterboard, or similar material, including such signs mounted on wire, aluminum, other metal or wood, shall be deemed abandoned and may be destroyed by the town after removal. No opportunity to reclaim such a sign shall be given by the town. In addition to the town s rights to remove and destroy the prohibited sign, the town may issue the owner, if the owner s identity and whereabouts are known to the town, a citation as set forth in chapter 18 of this Code. (b) Recovery of impounded signs; abandonment and destruction. Except for those signs described in subsection (a) above, any sign removed from a public right-of-way and impounded by the town shall be held in storage and the owner, if the owner s identity and whereabouts are known to the town, shall be provided with a citation for such violation and shall be given 3 business days from the date the citation is received to reclaim any such sign. Any impounded sign stored by the town may be destroyed if not reclaimed within 3 business days of the receipt of the citation by the owner or within 7 business days of mailing of the citation if no signed return receipt is received or within 3 business days of the date of removal if the identity and whereabouts of the owner are not known to the town. Section 3. Chapter 74, Article II Sign Regulations, Division 3 Signs Permitted in Both Business and Residential Zoned Districts, Section of the Town Code of Ordinances shall be amended to read as follows: Sec [Signs allowed in all zoning districts.] The following signs shall be allowed in all zoning districts. (1) Vehicle signs. Subject to the parking restrictions set forth in chapter 42, article II of this Code, Vvehicle signs shall be permitted in all zoning districts during normal business hours only. Notwithstanding any provision to the contrary, when a commercial sign is affixed, in any

5 * * * manner, to a car, truck, bus, trailer, or other vehicle, which has as its primary purpose the display of such sign, such vehicle is prohibited from parking in all residential and public service districts. This prohibition on parking does not apply if the vehicle is maintained and operated primarily for normal business purposes other than the display of the commercial sign, such as deliveries and service calls. For purposes of enforcement of this subsection, the following persons may be considered the violator: the driver of the vehicle, the owner of the vehicle and any person or entity that is advertised on the subject vehicle sign. Section 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 5. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 6. Codification. The sections of the ordinance may be made a part of the Town Code of Laws and ordinances and may be re-numbered or re-lettered to accomplish such, and the word ordinance may be changed to section, division, or any other appropriate word. adoption. Section 7. Effective Date. This ordinance shall take effect immediately upon offered the Ordinance for its first, reading and moved its adoption. The motion was seconded by, and upon being put to a vote, the vote was: AYE NAY PAM BUSHA, MAYOR PAUL LUGER, VICE MAYOR VINCENT N. BARILE, COMMISSIONER THOMAS P. BAUSCH, COMMISSIONER

6 JACQUI THURLOW-LIPPISCH, COMMISSIONER Passed second reading at the Regular Meeting of the Town Commission held on the day of, The Mayor thereupon declared this Ordinance approved and adopted by the Town Commission on this day of, TOWN OF SEWALL S POINT, FLORIDA PAM BUSHA, MAYOR ATTEST: Ann-Marie S. Basler, Town Clerk (TOWN SEAL) Approved as to form and legal sufficiency: Glen J. Torcivia, Town Attorney Florida Bar No

7 TOWN OF SEWALL S POINT PAMELA MAC KIE WALKER Town Manager TO: FROM: SUBJECT: Town of Sewall s Point Commission Pamela Mac Kie Walker, Town Manager Agenda Item 4.b. Town Commission Meeting, June 24, 2014 Background: As directed at the Regular Meeting on May 27, 2014, the attached amendment to Town ordinances will (a) require that vegetative waste be bundled in bundles at a maximum of four feet in length and weighing no more than 50 pounds before being placed roadside for pickup and (b) provide for a Class E penalty of $50 for first time violation of the requirement that garbage cans and other trash or recycling containers be placed at the curb no earlier than 5:00 p.m. the day before scheduled pick up, and removed from the curb no later than midnight, the day of pick up. Recommendation: Staff recommends that the attached ordinance be accepted for first reading and scheduled for adoption at the next meeting of the Commission. Staff is available for questions or action as directed by the Commission.

8 ORDINANCE NO. 401 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF SEWALL S POINT, FLORIDA, AMENDING CODE OF ORDINANCES, CHAPTER 22 ENVIRONMENT, ARTICLE I PROPERTY MAINTENANCE CODE, SECTION 22-2 PROPERTY MAINTENANCE STANDARDS; IN GENERAL SUBSECTION (H) SOLID WASTE TO PROVIDE FOR THE HANDLING OF VEGETATIVE WASTE; PROVIDING FOR ENFORCEMENT AND PENALTIES; AND FOR OTHER PURPOSES; PROVIDING FOR SEVERABILITY, THE REPEAL OF LAWS IN CONFLICT, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the Town of Sewall s Point, Florida is a duly constituted municipality having such power and authority conferred upon it by the Florida Constitution and Chapter 166, Florida Statutes; and WHEREAS, the Town Commission has adopted code provisions pertaining to the collection of solid waste from residential properties Article I of Chapter 22, of the Code of Ordinances; and WHEREAS, the Town wishes to amend its code provision relating to the collection of vegetative waste so that it is consistent with Martin County s Franchise Agreement with Waste Management which applies to all residential properties within the Town of Sewall s Point; and WHEREAS, the Town wishes to clarify the enforcement process and penalties associated with a residential solid waste violation; and WHEREAS, the Town Commission finds that the proposed amendment to the Town Code of Ordinances at Chapter 22, Article I, Subsection 22-2(h) furthers the public s health, safety and general welfare. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF SEWALL S POINT, FLORIDA:

9 Section 1. The whereas clauses are incorporated herein as true and correct and as the legislative findings of the Town Commission. Section 2. Chapter 22 Environment, Article I Property Maintenance Code, Section 22-2 Property maintenance code standards; in general, Subsection (h) Solid waste of the Town Code of Ordinances is hereby amended to read as follows: Sec Property maintenance code standards; in general. * * * * * * (h) Solid waste. (1) All solid waste, excluding vegetative waste, shall be stored in garbage cans in a sanitary manner. Vegetative waste must be bundled or containerized before it is set out for collection. Vegetative waste that is bundled shall be cut to a maximum of four feet in length and shall weigh no more than 50 pounds. Vegetative waste shall not be set out for collection in a plastic bag. All garbage cans and recycling containers shall be shielded from view from the road or adjoining properties. (2) Garbage cans and other trash or recycling containers may be placed at the curb no earlier than 5:00 p.m. the day before scheduled pick up, and shall be removed from the curb no later than midnight, the day of pick up. Vegetative waste, not in containers, may be placed at the curb no earlier than 72 hours prior to scheduled pick up. (3) Violations of this subsection (h) shall be Class E violations and shall be enforced through the civil citation process set forth in chapter 18 of the Town Code. Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 4. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 5. Codification. The sections of the ordinance may be made a part of the Town Code of Laws and ordinances and may be re-numbered or re-lettered to

10 accomplish such, and the word ordinance may be changed to section, division, or any other appropriate word. Section 6. Effective Date. This ordinance shall take effect immediately upon adoption. offered the Ordinance for its second reading and moved its adoption. The motion was seconded by, and upon being put to a vote, the vote was: AYE NAY PAM BUSHA, MAYOR PAUL LUGER, VICE MAYOR VINCENT N. BARILE, Commissioner THOMAS BAUSCH, Commissioner JACQUI THURLOW-LIPPISCH, Commissioner Passed second reading at the Regular Meeting of the Town Commission held on the day of, The Mayor thereupon declared this Ordinance approved and adopted by the Town Commission on this day of, TOWN OF SEWALL S POINT, FLORIDA ATTEST: PAM BUSHA, MAYOR Ann-Marie S. Basler, Town Clerk (TOWN SEAL) Glen J. Torcivia, Town Attorney Florida Bar No Approved as to form and legal sufficiency

11 TOWN OF SEWALL S POINT PAMELA MAC KIE WALKER Town Manager TO: FROM: Town of Sewall s Point Commission Pamela Mac Kie Walker, Town Manager SUBJECT: Agenda Item 5.a Budget Amendment Resolution Town Commission Meeting, June 24, 2004 Background: As discussed at the workshop meeting on June 13, 2014, I have revised the adopted FY Budget to comport with the budgetary codes set out in the Uniform Accounting System Manual promulgated by the State of Florida Department of Financial Services Bureau of Local Government ( Manual). The Manual provides the method by which expenditures are classified to reflect the by organizational unit, function, activity and object. It provides that it is the intent of the Legislature that units of local government summarize their financial data in a functionally equivalent manner in order to facilitate comparison and analysis. The reorganized budget (first attachment) complies with the strictures set out in the Manual, thereby permitting the comparison and analysis intended by local governments. The reorganized budget represents absolutely NO transfers, increases or changes from previously approved budget. These changes allow for apples to apples comparisons with other local governments, but do NOT reduce the ability to produce detailed reporting. These details previously captured by object codes that do not meet state guidelines will now be captured by the use the class and job functions of QuickBooks. I am very proud of these revisions, which bring the Town budgets into a more standardized format, in compliance with state guidelines, while retaining the ability to report details. We have standardization AND detailed reporting. In the second attachment to this staff report you will find proposed amendments to the reorganized budget. In addition to these format changes, the attached budget includes the following substantive changes: 1. Increased revenues as follows: a. $80,000 additional building fees b. $105, Pedway grant c. $46,000 Highpoint grant

12 2. Increased revenues and expenses as follows: a. $15,000 Grant Management Fees b. $15,000 Grant Management Expenses 3. Transfers from (General Capital Projects) for the following: a. $7,000 for Nehme settlement (I also aggregated & 341) b. $8,000 for police car expenses authorized last year but expended this year c. $4,000 for computer expenses authorized last year but expended this year. The net effect is a reduction in the intergroup transfer (from reserves) of $231,000. This increases the funds available for future years subsidy of our recurring revenue shortfall. Recommendation: Staff recommends that the attached resolution be adopted. Staff is available for questions or action as directed by the Commission.

13 RESOLUTION NO. A RESOLUTION OF THE TOWN OF SEWALL S POINT, FLORIDA, AUTHORIZING A PROPOSED BUDGET AMENDMENT; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Town of Sewall s Point, Florida, on September 26, 2013, held a Regular Meeting of the Town Commission as required by Florida Statute authorizing the adoption of its FY Budget; and WHEREAS, the Town of Sewall s Point, Florida, now wishes to reorganize its budget to comport with the guidelines in the Uniform Accounting System Manual promulgated by the State of Florida Department of Financial Services Bureau of Local Government; and WHEREAS, the Town of Sewall s Point, Florida, further wishes to amend its Budget to reflect the following changes: 1) Increased revenues as follows: a) $80,000 to Building Permit Fees b) $105,000 to Grant (Pedway) c) $46,000 to Grant (SFWMD) 2) Increased revenues and expenses as follows: a) $15, Grant Management Fees b) $15, Grant Management Expenses 3) Transfers from (General Capital Projects) for the following: a) $7,000 to Nehme settlement (and aggregation of & 341) b) $8,000 to police car expenses authorized FY13 received FY14 c) $4,000 to computer expenses authorized FY13 received FY14 NOW THEREFORE, BE IT RESOLVED by the Town of Sewall s Point, Florida, that: 1. The Budget Appropriation described in the recitals above be and hereby is authorized. 2. This resolution will take effect immediately upon its adoption. DULY ADOPTED at a regular meeting this 24th day of June, 2014 Time Adopted: P.M. TOWN OF SEWALL S POINT,FLORIDA ATTEST: Ann-Marie S. Basler, Town Clerk Pamela Busha, Mayor Approved as to form and legal sufficiency Glen J. Torcivia, Town Attorney Florida Bar No

14 DEPT CODE Revenue OBJECT CODE ADOPTED BUDGETS RECLASSIFIED BUDGETS Ad Valorem Taxes 1,301, ,301, Gas Tax 66, , Communications Services Taxes (repla 60, , Local Business Tax 1, , Electric Francise 120, , Town Licenses 1, , Building permits 120, , Road Impact Assessments Impact Fee 2, , State Revenue Sharing 45, , Alcoholic Beverage Tax 1, , Sales Tax 130, , Traffic Fines 10, , Civil Fines 3, , Police Education 1, , Police Dept Grant Interest 5, , Interest - Forfeiture Account Miscellaneous Revenue 10, , Intergroup transfer 896, , Total Revenue 2,773, ,773, HUMAN RESOURCES DEPT 12 REGULAR SALARIES AND WAGES Town Manager & Admin Salaries & Wa 87, , Clerical Assistance 37, Town Clerk Salary 54, , Public Works Wages 43, , Police Department Salaries & Wages 550, , Clerical Assistance 36, Building Official Salary 96, , REGULAR SALARIES AND WAGES TOTALS DEPT 14 OVERTIME 906, , Public Works Overtime 2, , Police Department Overtime 8, , Court Overtime 1, OVERTIME TOTALS DEPT 15 SPECIAL PAY BUDGET REORGANIZED UNMODIFIED 11, , Town Manager Special Pay Sick Leave 1, , TM Car & Phone Allowance 4, TM Health Care Reimb 1, Public Works Special Pay Health Care R , Public Works Sick leave incentive 1, Police Department Special Pay Health C 3, ,250.00

15 Police Dept Holidays 22, Police Dept Sick Leave Incentive 6, Police Dept Mileage Reimbursement 12, Building Official Special Pay Sick leave 1, , Post Employment Pay Kellogg Settleme 60, , Kellogg FICA 13, SPECIAL PAY TOTALS 126, , DEPT 21 Employer Taxes Town Manager & Admin FICA 6, , FICA - Clerical 2, Town Clerk FICA 3, , Public Works FICA 3, , Police Department FICA 44, , Building Official FICA 7, , EMPLOYER TAXES TOTALS 68, , RETIREMENT CONTRIBUTION Reitrement Contribution for Town Man 12, , Pension - Clerical 5, Retirement Contribution for Town Cler 7, , Retirement Contribution for Public Wo 6, , Retirement Contribution for Police Dep 82, , Retirement Contribution for Building O 14, , RETIREMENT TOTALS 129, , DEPT 23 LIFE/HEALTH Town Manager Life/Health Insurance 9, , Life/Health Insurance -Clerical 9, Town Clerk Life/Health Insurance Public Works Life /Health Insurance 15, , Police Dept Life/Health Insurance 143, , Building Official Life/Health Insurance 15, , LIFE/HEALTH TOTALS 194, , DEPT 24 WORKERS COMPENSATION Town Manager & Admin Workers Com Town Clerk Workers Compensation Public Works Workers Compensation 2, , Police Dept Workers Compensation 16, , Building Official Workers Compensatio 4, , WORKERS COMPENSATION TOTALS 24, , HUMAN RESOURCES TOTAL 1,461, ,461,552.72

16 OUTSIDE SERVICES 30's PROFESSIONAL SERVICES Legal Assistance 50, , Litigation Expenses 80, BZA 2, Code Enforcement Board 15, Financial/Audit 25, , Professional Services 6, , Fire/Rescue 342, , Engineering Services 3, , Engineering for Projects 35, Engineering Services 35, PROFESSIONAL SERVICES TOTALS 594, , MAINTENANCE SERVICES Facilities Repair & Maintenance Servic 30, , Landscaping/Maintenance 20, Street Cleaning/StormSewer Main 37, Building Repairs/Maintenance 6, Parks Landscape Maint. Repair 25, Equipment Repairs & Maintenance 3, , Vehicle Repairs/Maintenance 1, Radio Repairs/Maint 1, Police Dept. Equipment Repairs & Main 10, , Equipment Repairs/Maint 6, MAINTENANCE SERVICES TOTALS TOTAL OUTSIDE SERVICES 141, , , , OPERATING COSTS 52 OPERATING SUPPLIES Operating Supplies (General Governm 1, , Fuel/Oil 3, Operating Supplies ( Police Dept.) Fue 29, , Uniforms 6, Enforcement Supplies 8, OPERATING SUPPLIES TOTALS 48, , COMMUNICATIONS Communications 14, , COMMUNICATION TOTALS 14, , OFFICE SUPPLIES Office Supplies & Printing ALL 7, , Other General Government Services A 4, , Ordinance Codification 4, OFFICE SUPPLIES TOTALS 15, , UTILITIES

17 Utilities 25, , UTILITIES TOTALS 431 Street Lighting 25, , , INSURANCE Insurance (General Government Servic 62, , Auto Insurance Public Works 1, Auto Insurance BD Insurance (Police Dept.) 3, , INSURANCE TOTALS TOTAL OPERATING COSTS 68, , , , OVERHEAD 47 PRINTING Printing Services Newsletter/Calendar 10, , PRINTING 5 Advertising, Printing 2, , , PROMOTIONAL ACTIVITIES Town Events 15, , PROMOTIONAL ACTIVITIES 15, , OTHER CURRENT CHARGES Contingency 1, , Other General Government Expenses T , Bank Fees 2, Disaster Aid 1, Other Expenses 1, , OTHER CURRENT CHARGES TOTALS 5, , POSTAGE Postage 4, , POSTAGE TOTALS 4, , BOOKS MEMBERSHIPS Memberships/Subscriptions (Police D 1, , Schools/Books 1, Memberships/Subscriptions (General 2, , Building OfficialOKS MEMBERSHIPS TOTALS 5, , TRAVEL Travel /Per Diem ALL 2, , Travel / Per Diem Commissioners 1, TRAVEL TOTALS TOTAL OVERHEAD 3, , , , TOTAL RECURRING EXPENSES 2,439, ,439,252.72

18 64 MACHINERY AND EQUIPMENT Equipment (Police Dept.) 5, , Police Dept New Equipment (officer cam 5, Crime Prevention Police Grant Expense 3, Equipment (General Gov.) 3, , MACHINERY AND EQUIPMENT TOTALS 16, , CAPITAL PROJECTS Radio Upgrade (Reserve for radio upg 30, , SSP Rd Sidewalk Constr 45, , SSP Rd Acq 15, Capital Improvements 140, , Quail Run Drainage Improvements 62, Town Hall Capital Improvements 5, Town Park Improvements 15, Town Hall Improvements 5, Automobiles Computer Equipment 0.00 TOTAL CAPITAL PROJECTS 317, , TOTAL NON-RECURRING EXPENSES 334, , Approved Reorganized TOTAL REVENUE 2,773, ,773, TOTAL EXPENSES 2,773, ,773,452.72

19 DEPT CODE Revenue OBJECT CODE ADOPTED BUDGETS RECLASSIFIED BUDGETS Amendments Ad Valorem Taxes 1,301, ,301, ,301, Gas Tax 66, , , Communications Services Taxes 60, , , Local Business Tax 1, , , Electric Francise 120, , , Town Licenses 1, , , Building permits 120, , , , additional revenue Road Impact Assessments Impac 2, , , Grant Management Fees 15, Pedway Grant 105, SFWMD Grant - Highpoint 46, , additional revenues State Revenue Sharing 45, , , Alcoholic Beverage Tax 1, , , Sales Tax 130, , , Traffic Fines 10, , , Civil Fines 3, , , Police Education 1, , , Police Dept Grant Interest 5, , , Interest - Forfeiture Account Miscellaneous Revenue 10, , , Intergroup transfer 896, , , , reduction in transfer from reserves Total Revenue 2,773, ,773, ,788, HUMAN RESOURCES DEPT 12 REGULAR SALARIES AND WAGES Town Manager & Admin Salaries 87, , , Clerical Assistance 37, Town Clerk Salary 54, , , Public Works Wages 43, , , Police Department Salaries & Wa 550, , , Clerical Assistance 36, Building Official Salary 96, , , REGULAR SALARIES AND WAGES TOTALS DEPT 14 OVERTIME 906, , , Public Works Overtime 2, , , Police Department Overtime 8, , , Court Overtime 1, OVERTIME TOTALS DEPT 15 SPECIAL PAY 11, , , Town Manager Special Pay Sick L 1, , , TM Car & Phone Allowance 4, TM Health Care Reimb 1, Public Works Special Pay Health , , Public Works Sick leave incentive 1, Police Department Special Pay H 3, , , Police Dept Holidays 22, Police Dept Sick Leave Incentive 6, Police Dept Mileage Reimbursemen 12, Building Official Special Pay Sick 1, , , Post Employment Pay Kellogg Se 60, , , Kellogg FICA 13, SPECIAL PAY TOTALS DEPT 21 Employer Taxes BUDGET REORGANIZED AND AMENDED 126, , , Town Manager & Admin FICA 6, , ,303.12

20 FICA - Clerical 2, Town Clerk FICA 3, , , Public Works FICA 3, , , Police Department FICA 44, , , Building Official FICA 7, , , EMPLOYER TAXES TOTALS 68, , , RETIREMENT CONTRIBUTION Reitrement Contribution for Town 12, , , Pension - Clerical 5, Retirement Contribution for Town 7, , , Retirement Contribution for Publ 6, , , Retirement Contribution for Polic 82, , , Retirement Contribution for Build 14, , , RETIREMENT TOTALS 129, , , DEPT 23 LIFE/HEALTH Town Manager Life/Health Insura 9, , , Life/Health Insurance -Clerical 9, Town Clerk Life/Health Insurance Public Works Life /Health Insuran 15, , , Police Dept Life/Health Insurance 143, , , Building Official Life/Health Insur 15, , , LIFE/HEALTH TOTALS 194, , , DEPT 24 WORKERS COMPENSATION Town Manager & Admin Workers Town Clerk Workers Compensati Public Works Workers Compensa 2, , , Police Dept Workers Compensati 16, , , Building Official Workers Compe 4, , , WORKERS COMPENSATION TOTALS 24, , , HUMAN RESOURCES TOTAL 1,461, ,461, ,461,552.72

21 OUTSIDE SERVICES 30's PROFESSIONAL SERVICES Legal Assistance 50, , , Litigation Expenses 80, BZA 2, Code Enforcement Board 15, Grant Management Support 15, Financial/Audit 25, , , Professional Services 6, , , Fire/Rescue 342, , , Engineering Services 3, , , Engineering for Projects 35, Engineering Services 35, PROFESSIONAL SERVICES TOTALS 594, , , , MAINTENANCE SERVICES Facilities Repair & Maintenance 30, , , Landscaping/Maintenance 20, Street Cleaning/StormSewer Main 37, Building Repairs/Maintenance 6, Parks Landscape Maint. Repair 25, Equipment Repairs & Maintenan 3, , , Vehicle Repairs/Maintenance 1, Radio Repairs/Maint 1, Police Dept. Equipment Repairs & 10, , , Equipment Repairs/Maint 6, MAINTENANCE SERVICES TOTALS TOTAL OUTSIDE SERVICES 141, , , , , , , OPERATING COSTS 52 OPERATING SUPPLIES Operating Supplies (General Gov 1, , , Fuel/Oil 3, Operating Supplies ( Police Dept. 29, , , Uniforms 6, Enforcement Supplies 8, OPERATING SUPPLIES TOTALS 48, , , COMMUNICATIONS Communications 14, , , COMMUNICATION TOTALS 14, , , OFFICE SUPPLIES Office Supplies & Printing ALL 7, , , Other General Government Servi 4, , , Ordinance Codification 4, OFFICE SUPPLIES TOTALS 15, , , UTILITIES Utilities 25, , , Street Lighting 25, UTILITIES TOTALS 50, , , INSURANCE Insurance (General Government S 62, , , Auto Insurance Public Works 1, Auto Insurance BD Insurance (Police Dept.) 3, , , INSURANCE TOTALS TOTAL OPERATING COSTS 68, , , , , ,250.00

22 OVERHEAD 47 PRINTING Printing Services Newsletter/Cale 10, , , Advertising, Printing 2, PRINTING 12, , , PROMOTIONAL ACTIVITIES Town Events 15, , , PROMOTIONAL ACTIVITIES 15, , , OTHER CURRENT CHARGES Contingency 1, , , Other General Government Expen , , Bank Fees 2, Disaster Aid 1, Other Expenses 1, , , OTHER CURRENT CHARGES TOTALS 5, , , POSTAGE Postage 4, , , POSTAGE TOTALS 4, , , BOOKS MEMBERSHIPS Memberships/Subscriptions (Po 1, , , Schools/Books 1, Memberships/Subscriptions (Ge 2, , , Building OfficialOKS MEMBERSHIPS TOTALS 5, , , TRAVEL Travel /Per Diem ALL 2, , , Travel / Per Diem Commissioners 1, TRAVEL TOTALS TOTAL OVERHEAD 3, , , , , , TOTAL RECURRING EXPENSES 2,439, ,439, ,454, ,000.00

23 64 MACHINERY AND EQUIPMENT Equipment (Police Dept.) 5, , , Police Dept New Equipment (office 5, Crime Prevention Police Grant Expense 3, Equipment (General Gov.) 3, , , MACHINERY AND EQUIPMENT TOTALS 16, , , CAPITAL PROJECTS Radio Upgrade (Reserve for radi 30, , , Nehme Settlement 67, fm , SSP Rd Sidewalk Constr 45, , SSP Rd Acq 15, Capital Improvements 208, = $227,500-7,000-8,000-4, Capital Improvements 140, , Quail Run Drainage Improvement 62, Town Hall Capital Improvements 5, Town Park Improvements 15, Town Hall Improvements 5, Automobiles , fm authorized 2013 delivered Computer Equipment , fm authorized 2013 delivered 2014 TOTAL CAPITAL PROJECTS 317, , , TOTAL NON-RECURRING EXPENSES 334, , , Approved Reorganized Amended TOTAL REVENUE 2,773, ,773, ,788, TOTAL EXPENSES 2,773, ,773, ,788,452.72

24 TOWN OF SEWALL S POINT PAMELA MAC KIE WALKER Town Manager TO: FROM: Town of Sewall s Point Commission Pamela Mac Kie Walker, Town Manager SUBJECT: Agenda Item 5.b Broadband and IT Services Agreements Town Commission Meeting, June 24, 2004 Background: Since late 2011 the Town has purchased Broadband and Network services from Martin County and historically received IT Support services from the Martin County Sheriff s Office (SO). When the SO migrated some its IT Services to Martin County, the Town reviewed its IT support needs and received a proposal from Martin County in The Town has operated under the Broadband and IT Service Objectives since those dates but has not memorialized the agreements until now. The attached contracts incorporate the Service Objectives and pricing under which the Town has been operating. Recommendation: Staff recommends that the Town Manager be directed to execute the attached agreements on behalf of the Town. Staff is available for questions or action as directed by the Commission.

25 AGREEMENT FOR USE OF MARTIN COUNTY COMMUNITY BROADBAND NETWORK This Agreement is made this day of,, by and between Martin County, a political subdivision of the State of Florida ( County ) and The Town of Sewall s Point (Municipality). WITNESSETH: WHEREAS, the County manages and operates a Community Broadband Network pursuant to an Interlocal Agreement with the Martin County School District dated December 14, 2010 which is incorporated herein by reference; and WHEREAS, Section 8A of the above-referenced Interlocal Agreement recognizes the use of Broadband Network by governmental and non-profit institutions in Martin County; and WHEREAS, in Section 8B of the above-referenced Interlocal Agreement the County agreed to enter into Use Agreements with such entities to provide payment for use of the network, as well as terms of use, connection or modification concerning the network; and WHEREAS, as required in Section 8B of the above-referenced Interlocal Agreement the School District has approved this template used for this Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the parties agree as follows: 1. A. The County agrees to provide Municipality access to and use of its Community Broadband Network on a per port location basis. The term port is defined herein as: the location at which network services are delivered. A detailed list of the number and locations of the ports provided by the County to Municipality is attached hereto and incorporated herein as Exhibit A. B. Municipality may request that additional ports be provided by County. The parties agree to utilize the task order procedure which is set forth in the Service Objectives ( SO ) which is attached hereto and incorporated herein as Exhibit B. The parties agree that Exhibit A will be amended to include any additional ports and that Municipality monthly payments will increase accordingly. Such amended Exhibit A shall be approved in writing by each party s authorized representative as defined below.

26 C. The Authorized Representatives shall be: Martin County Administrator or designee; Municipality or designee. 2. Municipality agrees to pay $ per port per month to County on or before the fifteenth of each month for the initial term of this agreement. County shall, no later than April of each year, notify Municipality in writing the per port charge of the coming fiscal year. 3. The roles and responsibilities of the County and Municipality are set forth in the ( SO ). The SO sets forth a process for communication, coordination and service problem escalation, as well as methodologies for the addition of ports or services. 4. A. The initial term of this Agreement shall begin on February 1, 2014 and run until September 30, The Agreement shall automatically renew for successive, one year, fiscal year periods (from October 1 until September 30 of the next year). B. Provided, however, that either party shall have the right to terminate future terms of this Agreement for any reason upon written notice of such termination no later than April 1 prior to the September 30 termination. 5. A. The parties recognize their respective liability for certain tortuous acts of its agents, officers, employees, and invitees, and agree to be responsible, respectively, for all claims, liability, losses, and/or causes of action that may arise from any negligent act or omission due to the acts of its agents, servants, or employees. Such liability is subject to and limited by the provisions of Florida law, including the limits included in Section , Florida Statutes, which sets forth the partial waiver of sovereign immunity to which governmental entities, are subject. It is expressly understood that this provision shall not be construed as a waiver of any right to defense that the parties have under Section of the sovereign immunity afforded the parties by the Florida Constitution, or consent to be sued by third parties. Each party agrees to maintain sufficient professional, general liability, and worker s compensation coverage, unless self-insured, regarding its respective liability throughout the term of this Agreement. This Agreement does not provide third parties with any remedy, claim, liability, reimbursement, cause of action, or other right or privilege.

27 B. The parties to this Agreement acknowledge the potential of unlawful hacking to gain surreptitious access into confidential systems. The parties will use reasonable steps and safeguards as part of a Network security program, but these systems may not be able to defeat every attempt to gain unlawful access to applications or data. Each party is responsible for protecting its own applications, data bases, and servers. Each party shall review each other s security procedures and notify each other with reasonable promptness of concerns or issues regarding the same. C. Municipality shall be responsible for the protection, storage, backup and security of Municipality s data, software, computer network, and other facilities, as well as Municipality s equipment, software, and online content; and all other matters related to how Municipality accesses and uses the Service. Municipality is responsible for instituting any and all filtering of Internet content according to federal and local statutes, rules, and practices. Municipality acknowledges and agrees that the reliability, availability and performance of data, applications or services accessed through the Internet or other services connected or linked to the Service are beyond the County s control and are not in any way warranted or supported by the County. Any dealings that Municipality has with third parties, merchants, or advertisers are between Municipality and the third party, merchant, or advertiser and Municipality acknowledges and agrees that the County is not liable for any loss or claim Municipality may have against a third party, merchant, or advertiser. In no event shall the County be liable to anyone for any damage arising from or caused, directly or indirectly, by the creation or use of a third party's web site, or the information or material accessed through such web sites. The County shall have no responsibility whatsoever relating to the transmission of information by Municipality using Communications Services. To the extent permitted by law, Municipality shall indemnify and hold the County and its officers, employees, and agents harmless from claims of any kind, and shall pay the County s costs of defense (including reasonable attorney s fees) arising out of or relating to Municipality s use of the Communications Services. D. LIMITATION OF LIABILITY (1) GENERAL EXCLUSION EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL COSTS, LIABILITIES OR DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING WITHOUT LIMITATION AS APPLICABLE, ECONOMIC LOSS OR LOST BUSINESS OR PROFITS, INTERRUPTIONS OF SERVICE, OR ANY DELAY, ERROR OR LOSS OF DATA OR INFORMATION,

28 ARISING IN ANY MANNER OUT OF, OR IN CONNECTION WITH, THIS AGREEMENT, OR IN CONNECTION WITH, THIS AGREEMENT AND COUNTY S PERFORMANCE OR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMNT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY), ALL CLAIMS FFOR WHICH ARE HERBY SPECIFICALLY WAIVED BY MUNICIPALITY. (2) SPECIFIC EXCLUSIONS IN NO CIRCUMSTANCES SHALL COUNTY, ITS SUBCONTRACTORS OR AGENTS BE LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY STRICT LIABILITY OR TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OF ANY KIND WHETHER ACTIVE OR PASSIVE; (a) THIRD PARTY CLAIMS AGAINST MUNICIPALITY FOR DAMAGES; (b) LOSS OR DAMAGE TO MUNICIPALITY S RECORDS OR DATA, OR THOSE OF ANY THIRD PARTY; (c) ANY DELAY, LOSS, DAMAGE OR SERVICE FAILURE ATTRIBUTABLE TO ANY SERVICE, PRODUCT OR ACTIONS OF ANY PERSON OTHER THAN COUNTY, ITS EMPLOYEES AND AGENTS, INCLUDING BUT NOT LIMITED TO DELAY, LOSS, DAMAGE OR SERVICE FAILURE ATTRIBUTABLE TO COMPUTER VIRUSES, WORMS, COMPUTER SABOTAGE, DENIAL OF SERVICE ATTACKS, DNS SPOOFING ATTACKS AND/OR OTHER HACKING ATTACKS OF A SIMILAR NATURE; OR (d) INTEROPERABILITY OF MUNICIPALITY S EQUIPMENT OR APPLICATIONS. 6. If the Community Broadband Network is damaged or destroyed by a natural or man-made event so that the cost to repair or replace the line or other component of such Network, including utility pole replacement, exceeds 50% of the original installation costs, this Interlocal Agreement will terminate unless the County authorizes its continuation and associated funding to repair or restore the affected area(s).

29 7. Miscellaneous. A. No provision in this Agreement shall provide to any person not a party to this Agreement any remedy, claim, or cause of action, or create any thirdparty beneficiary rights against either party. B. In the event that any one or more of the provisions in this Agreement shall for any reason be held to have no force and effect, this Agreement shall, if possible, be interpreted in a manner so as to effectuate the intention of the parties. Provisions contained in this Agreement that, by their sense and context, are intended to survive the suspension or termination of this Agreement, shall so survive. 8. Disputes under this Agreement may be resolved by the County Administrator and Municipality or their designees. If the parties are unable to reach a resolution, the parties shall select a mediator mutually acceptable to the parties to conduct a mediation of the issues involved and make a recommendation to all parties. Each party shall pay its own costs incurred during dispute resolution. The parties agree that the mediation costs and any related expenses shall be paid in equal shares by each party. 9. Any notice, request, instruction, demand, consent, or other communication required or permitted to be given under this Agreement shall be in writing and shall be delivered either by hand or by certified mail, postage paid and certified return receipt requested to the following addresses or such other addresses as the parties may provide to each other in writing: To: With a copy to: MARTIN COUNTY County Administrator Martin County Board of County Commissioners Martin County Administrative Center 2401 SE Monterey Road Stuart, FL Telephone: County Attorney Office of the Martin County Attorney Martin County Administrative Center 2401 SE Monterey Road Stuart, FL Telephone:

30 With a copy to: Chief Information Officer Information Technology Services Martin County Administrative Center 2401 SE Monterey Road Stuart, FL Telephone: To: TOWN OF SEWALL S POINT Pamela Mac Kie Walker Town Manager One South Sewall s Point Road Sewall s Point, FL Telephone: With a copy to: Lt. Tina Ciechanowski Interim Chief of Police & Acting IT Director One South Sewall s Point Road Sewall s Point, FL Telephone: x Entire Agreement. This agreement represents the entire agreement between the County and the District and supersedes all prior agreements or representations, whether written or oral, with respect to subject matter hereof. No provision of this Agreement may be changed or amended except by written agreement signed by both Agencies. This agreement shall be binding upon the County and the District and their respective successors and assigns. This Agreement shall not be construed against the party who drafted the same as all parties to this Agreement have participated in drafting the same. 11. Venue for Dispute Resolution. This Agreement shall be construed in accordance with the laws of the State of Florida. Should any litigation arise from this Agreement, venue shall lie in Martin County, Florida.

31 12. Binding Agreement. This Agreement is binding upon the parties hereto, their heirs, successors and assigns. ATTEST: TOWN OF SEWALL S POINT, FLORIDA PAMELA MAC KIE WALKER TOWN MANAGER ATTEST: BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA CAROLYN TIMMANN, CLERK OF THE CIRCUIT COURT AND COMPTROLLER SARAH HEARD, CHAIR APPROVED AS TO FORM & CORRECTNESS: MICHAEL D. DURHAM, COUNTY ATTORNEY

32 EXHIBIT A COMMUNITY BROADBAND NETWORK DARK FIBER LEASE AGREEMENT PORT (DEMARK) LOCATIONS FOR TOWN OF SEWALL S POINT SITE DESCRIPTION STREET ADDRESS CITY ST ZIP PORT (DEMARK) LOCATION Sewell's Point Town Hall Government Building 1 S Sewall's Point Rd Stuart FL Vault just south of driveway entrance on Sewall s Point Rd Per Port (Demark) Charge of $325/month: 1 Site Total Monthly Charge $325.00

33 Exhibit B Service Objectives MARTIN COUNTY INFORMATION TECHNOLOGY SERVICES SERVICE OBJECTIVES The purpose of this Service Objectives document is to identify the roles and responsibilities of Martin County Information Technology Services ( ITS ) and the Town of Sewall s Point ( customer ) in carrying out the terms of the Agreement For Use Of Martin County Community Broadband Network re: Interconnection to the County Broadband Network. This Service Objectives (SO) document delineates the services to be provided by ITS, sets forth network availability standards, establishes an escalation protocol, and describes the associated costs and payment requirements. I. Annual Planning and Service Objectives Review There will be an annual review of this Service Objectives document. The SO will document the types of network services to be provided under the Agreement, as well as any costs associated with these services, and the roles and responsibilities of each Agency. II. Description of Services A. Baseline services from ITS will include: 1. Ongoing maintenance of connectivity up to the demarcation point(s); 2. Central network security will be maintained by ITS at the ITS router port that feeds the customer s network (router) connection. If necessary and the services of other tenants are affected, security may shut down the entire building feed to protect the networked systems from denial-of-service (DOS) attacks, computer worms and viruses; 3. Network Design; 4. Acquisition and management of passive (non-equipment) Network assets; 5. Installation or relocation of network connections, wiring upgrades, installation of bandwidth upgrades, or other specialized services; 6. Network equipment maintenance for any equipment provided by the County to support a customer site; 7. Network security on ITS side of demarcation point; 8. Monitoring of Network performance; 9. Trouble reporting and tracking; Page 1 of 5

34 Exhibit B Service Objectives 10. Maintenance of the environmental factors in County facilities and closets housing equipment crucial to the health and stability of the Network, including air conditioning, power conditioning, and UPS equipment; and 11. Disaster recovery protection, system reliability, and stability during power outages. 12. Physical location of fiber pathways, etc. 13. The County shall adhere to a documented plan of security strategies as required by the customer or to the satisfaction of the customer in order to prevent unauthorized access into the physical location(s) where Network access could be gained. Further, the County shall ensure that it has best-practice security software and procedures in place to prevent unauthorized access to the Network. B. Customer Responsibilities In cases where the network is shared, the customer will be responsible for all aspects of managing the network on on the customer s side of the demarcation point, including, but not limited to: 1. All intra-building network maintenance and security within a customer facility; 2. Ensuring that back-door connectivity behind the building router is prohibited; 3. Provisioning of its Dynamic Host Configuration Protocol (DHCP) and related networking services; 4. Customer building infrastructure connectivity; 5. All grid (jack), wiring identification, and tracking for customer-owned facilities; 6. The customer agrees to provide, where possible, network engineers or technicians to assist with all portions of network operations, from provisioning to troubleshooting. Initial diagnostic actions will ideally be performed by customer staff to evaluate whether the cause of any system problem is associated with factors under the control of the customer: and 7. The customer shall install network security hardware and software to minimize the risk of a virus and surreptitious or otherwise inappropriate network entry. In cases where the network is physically shared, The customer will modify and enhance security procedures, hardware, and software as required by the County or to the satisfaction of the County ITS Department to prevent unauthorized access to the County Network. 8. The customer may request changes in network services. Requests for changes shall be submitted to the County ITS Department, or designee, through the County ITS Service Desk for action. The customer shall be advised of the disposition of the Page 2 of 5

35 Exhibit B Service Objectives request within seven (7) calendar days of submission. Such request shall include extension of Network services to additional sites indentified by the customer. The customer shall be responsible for all reasonable costs associated with requested changes to the Network services approved by the County, which approval shall not be unreasonably withheld. 9. The customer will provide and be responsible for all network equipment and environmental facilities at each customer location. 10. The customer shall adhere to a documented plan of security strategies as required by the County or to the satisfaction of the County in order to prevent unauthorized access into the physical location(s) where Network access could be gained. Further, the customer shall ensure that it has best-practice security software and procedures in place to prevent unauthorized access to the Network. III. Availability of the County Network Services The County will provide the customer with access to the County Broadband Network on a besteffort basis. The County s goal will be to provide 99.9% availability. The County agrees that maintenance efforts will be scheduled collaboratively with the customer to minimize service impact to any customer facility. The County agrees to prioritize repair and recovery in collaboration with the customer in any case where a customer facility is affected. On shared (routed) portions of the Network, the County shall provide the customer with a minimum speed of 100 Mbps. The County will monitor the customer s utilization of the shared (routed) portion of the Network to ensure sufficient capacity. Should the sustained usage exceed 75% for a period of 30 days or more, the County will initiate a bandwidth upgrade. The County will provide the customer with the estimated upgrade completion time within 15 days of determining the need for such upgrade. The customer will monitor its own utilization of the shared (routed) portion of the Network to ensure sufficient capacity. Should the District determine that there is a need for additional bandwidth, the customer will submit a request to the County ITS Department, or designee, Page 3 of 5

36 Exhibit B Service Objectives through the County ITS Service Desk for action. The customer shall be advised of the disposition of the request within seven (7) calendar days of submission. IV. Protocol for Reporting Network Service Problems All service issues affecting the customer will be reported to the customer s IT support staff. If the customer s initial diagnosis of the reported problem indicates that it is related to the shared (routed or media) portion of the Network connectivity (e.g., connection lost, slow response time) rather than a problem at the application, server, desktop, or network equipment level, the customer will immediately report the service problem to the County s Service Desk at All service problems reported by the customer will be recorded and tracked in the County s Service Desk until problem resolution and service restoration. Response time service levels are established at the time the call is reported based on the severity of the issue. The servicetarget for problem diagnosis and response to the customer is within one (1) hours of the reported problem. The servicetarget for repair of customer affecting issues is twenty four (24) hours. The County will employ an escalation process for problems which are not resolved according to the established standards. V. Facility Access for Network Service and Maintenance The County shall coordinate with and obtain prior written approval from the customer s designee as to the time of any planned Network maintenance, repair, or installation work. The County will be responsible for all Network maintenance, repair, or installation work on the Network up to the designated demarcation point for customer facilities. The customer will be responsible for all Network maintenance, repair, or installation work on the Network from the demarcation point into the customer facilities. On weekends, holidays, or after normal business hours, the County s representative shall call the customer to report any emergency that requires access to any customer facilities. The customer shall make reasonable efforts to arrange for access by County s personnel as quickly as possible. The County represents that it has verified, prior to entering into this Agreement, that neither the County or County s contractors, nor any of their respective employees, agents, or representatives who have been convicted or who are currently under investigation for a crime delineated in Florida Statutes shall have access to the customer facilities under the Agreement. VI. Problem Escalation Contacts: Martin County ITS Page 4 of 5

37 Exhibit B Service Objectives Hours of Operation: 7:30 A.M. 6:30 P.M. Emergency Contact Hours: 24/7 Service Desk: Phone: Service-desk@martin.fl.us Bob Burden, ITS Operations Manager: (office) (cell) Denise Eldredge, Director of Services: (office) (cell) Kevin Kryzda, Chief Information Officer (CIO): (office) (cell) Customer Information Technology Hours of Operation: 6:30 A.M. 5:00 P.M. Emergency Contact Hours: 24/7 Emergency Contact Number: Lt. Tina Ciechanowski, Interim Chief of Police & Acting IT Director x14 (office) Pamela Mac Kie Walker, Town Manager (office) Page 5 of 5

38 MEMORANDUM OF UNDERSTANDING BETWEEN MARTIN COUNTY AND THE TOWN OF SEWALL S POINT (MUNICIPALITY) FOR INFORMATION TECHNOLOGY SERVICES This Memorandum of Understanding ( MOU ) is made by and between the Martin County Board of County Commissioners, a political subdivision of the State of Florida (the County ), and The Town of Sewall s Point (Municipality). W I T N E S E T H: WHEREAS, (Municipality) has existing computer networking services provided by County through the County s Community Broadband Fiber Network; and WHEREAS, (Municipality) has requested and the County has agreed to provide comprehensive information technology support services to (Municipality) in return for annual payments by (Municipality) to the County. NOW, THEREFORE, the County and the (Municipality) agree as follows: 1. The County agrees to provide information technology services to the (Municipality) as set forth in the Town of Sewall s Point IT Services Proposal dated June 6, 2014, which is attached hereto and incorporated herein as Exhibit A. 2. (Municipality) may request that additional information technology services be provided by County to (Municipality). The parties agree to utilize the County Service Desk procedures for service requests, which is set forth in the Service Objectives ( SO ) which is attached hereto and incorporated herein as Exhibit B. The parties agree that Exhibit A will be amended to include any additional information technology services and that the annual payment will increase accordingly. Such amended Exhibit A shall be approved in writing by each party s authorized representative as designated in Section The initial term of this Agreement shall commence on October 1, 201 and shall automatically renew each year unless either party gives notice of its intent to terminate this Agreement no later than May 31 prior to expiration of the current term. 4. County shall annually, no later than March 1 of each year, submit to (Municipality) a scope of work for the coming fiscal year, including the estimated cost for such scope. (Municipality) shall pay annually for such services on or before October 1 of the new fiscal year. 5. Disputes between the parties under this Agreement may be resolved by the County s Authorized Representative and (Municipality s) Authorized Representative. If such Authorized Representatives are unable to reach a resolution and the parties agree that the issue is of sufficient merit, the parties may select a mediator mutually acceptable to both parties to conduct a mediation of the issues 1

39 involved and make a recommendation to both parties. The parties agree to be responsible for their respective costs and fees incurred during the mediation and that the mediator s fees and costs shall be paid in equal amounts by each party. 6. As between (Municipality) and the County, to the extent allowed by Florida law, (Municipality) assumes responsibility for the negligence of (Municipality s) employees and the County assumes responsibility for the negligence of County employees. This provision shall in no way be deemed a waiver of the sovereign immunity afforded (Municipality) and the County by the Florida Constitution, a waiver of the provisions of Section , Fla. Stat., or a consent to be sued by third parties. 7. County and (Municipality s) staff agree to hold regular meetings to discuss any issues which may have arisen concerning this Agreement. Such meetings shall be scheduled by the Authorized Representatives of the Parties as designated in Section 15 herein. 8. This Agreement may be terminated by either party upon ninety (90) days prior written notice to the other party. If the Agreement is terminated prior to the expiration of the current term, the parties agree that the payment amount shall be prorated and any sum unexpended shall be returned to (Municipality) within thirty (30) days following the termination date. 9. This Agreement may be amended only by written agreement of the parties. A party requesting amendment of the Agreement must propose such amendment in writing to the other party at least ninety (90) days prior to the proposed effective date of the amendment. 10. (Municipality) and County agree that each shall be responsible for their own costs, including attorney fees, incurred by the parties as a result of a dispute arising between the parties concerning this Agreement. 11. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior contemporaneous representatives or agreements, whether oral or written. 12. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to person or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 13. Any notice, request, demand, consent, approval or other communication required or permitted by this Agreement shall be given or made in writing and shall be served (as elected by the party giving such notice) by one of the following methods: (i) hand delivery to the other party; (ii) delivery by commercial overnight courier service; or (iii) mailed by registered or certified mail (postage prepaid), return receipt requested. For purposes of notice, the addresses are: 2

40 COUNTY County Administrator Martin County Board of County Commissioners 2401 SE Monterey Road Stuart, FL Required Copy to: County Attorney Martin County Board of County Commissioners 2401 SE Monterey Road Stuart, FL THE TOWN OF SEWALLS POINT Pamela Mac Kie Walker, Town Manager Sewall's Point Town Hall 1 S Sewall's Point Rd Sewall's Point, FL Notice given in accordance with the provision of this paragraph shall be deemed to be delivered and effective on the date of hand delivery or on the second day after the date of the deposit with an overnight courier or on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not delivered if mailed. 15. Authorized Representative for the Town is Town Manager Sewall's Point Town Hall, 1 S Sewall's Point Rd, Sewall's Point, FL 34996, telephone number (772) x12. The Authorized Representative for the County is Chief Information Officer, 2401 SE Monterey Road, Stuart, FL 34996, telephone number (772) IN WITNESS WHEREOF, the parties hereto have caused the execution hereof by their duly authorized officials on the dates stated below. DULY EXECUTED BY X THIS DAY OF, THE TOWN OF SEWALL S POINT, FLORIDA PAMELA MAC KIE WALKER TOWN MANAGER DULY EXECUTED BY MARTIN COUNTY THIS DAY OF, MARTIN COUNTY, FLORIDA TARYN KRYZDA COUNTY ADMINISTRATOR 3

41 Martin County Administration Information Technology Services Proposal For Information Technology Services To The Town of Sewall s Point June 6, 2014 Version 2.4 Kevin Kryzda, Chief Information Officer Bob Burden, ITS Operations Manager II

42 Table of Contents OBJECTIVE... 3 EXECUTIVE SUMMARY... 3 CURRENT ENVIRONMENT... 3 RECOMMENDATION... 3 DETAILED ANALYSIS... 4 BACKGROUND & HISTORY... 4 PROPOSAL DEFINITION... 4 REQUIREMENTS AND SPECIFICATIONS... 4 DETAILED PROPOSAL... 5 COMMUNITY BROADBAND NETWORK SERVICES (EXISTING)... 5 SERVER HOSTING, FILE STORAGE & DISASTER RECOVERY SERVICES... 5 COST SUMMARY... 6 Version 2.4 Page 2 of 6 6/6/2014

43 OBJECTIVE To offer Martin County Information Technology Services (ITS) services to support the business of the Town of Sewall s Point. EXECUTIVE SUMMARY CURRENT ENVIRONMENT The Town of Sewall s Point is located at the eastern edge of Martin County on a peninsula near the St. Lucie Inlet to the Atlantic Ocean. The Town is a residential community with a small commercial area. It is bounded on the east by the Indian River, on the south and west by the St. Lucie River and on the north by unincorporated areas of Martin County. The peninsula is 3.5 miles long and an average third of a mile in width. Of the 780 acres comprising the Town, 766 acres or 98.20% are designated for single family use. IT services for , calendaring and shared file storage have traditionally been provided to the Town of Sewall s Point by the Martin County Sheriff s Department or by the Town s in-house systems. Today, the Sheriff s Office is in the process of migrating many of their internal IT services to the Martin County Board of County Commissioners Information Technology Services (ITS) Department. The ITS Department currently provides wide-area-network (WAN) and Internet access services to the Town of Sewall s Point. Thus, the Martin County Sheriff s Department recently recommended that the Town of Sewall s Point might want to take advantage of the same service offerings from the ITS Department; specifically, , calendaring and shared file services. RECOMMENDATION Martin County Information Technology Services (ITS) recommends a plan as outlined below to migrate the Town of Sewall s Point to , calendaring and shared file services, along with the Martin County Sheriff s Department, to ITS Department s new redundant Microsoft Exchange /Calendaring platforms located at the County Administrative Center, 2401 SE Monterey Road in Stuart and the County Public Safety Complex at 800 SE Monterey Road in Stuart. The result of this recommendation would be more reliable and robust , calendaring and shared file services for the Town of Sewall s Point. Version 2.4 Page 3 of 6 6/6/2014

44 DETAILED ANALYSIS BACKGROUND & HISTORY The Town of Sewall's Point has a Commission form of government consisting of five elected Commissioners and a staff that includes a part-time Town Manager, a Town Clerk/Treasurer, a Police Chief and Police Department and a Building Official who heads the Building and Public Works Departments. All Town government operations are located in the Town Hall which also houses a sixty seat Meeting Hall. The Sewall s Point currently utilizes the Martin County Sheriffs Department systems for , calendaring, file sharing and other applications. Sewall s Point currently outsources the hosting and support of their website. Martin County ITS currently provides Sewall s Point with wide-area-network (WAN) services, network security and Internet access services through the County s Community Broadband fiber optic cable network, called the CBN. PROPOSAL DEFINITION The Martin County Sheriff s Department recently recommended that the Town of Sewall s Point might want to take advantage of the same service offerings from the County s ITS Department; specifically, , calendaring and shared file services. During a follow on meeting with the Town of Sewall s Point, Martin County Sheriff s Office and County ITS Department staff, the Town of Sewall s Point requested a formal proposal for , calendaring and shared file services. This document provides that proposal. REQUIREMENTS AND SPECIFICATIONS The following are proposed technology services to the Town of Sewall s Point: 1. Continue to provide all wide-area (WAN) data networking services, including Internet access using the Community Broadband Fiber Network (CBN.) 2. Provide redundant platform-based applications, including , calendaring, spam and virus filtering, and file sharing. 3. Provide for offsite backup disaster recovery of all , calendaring, file sharing and network management services between the County s two redundant data centers at Administrative Center and Public Safety Complex. Version 2.4 Page 4 of 6 6/6/2014

45 DETAILED PROPOSAL COMMUNITY BROADBAND NETWORK SERVICES (EXISTING) In 2011, Martin County and Martin County School District jointly funded and constructed a new underground fiber optic cabling wide area network called the Community Broadband Network, or CBN, to replace the 12-year old Institutional INet fiber network previously leased from Comcast Communications. This new fiber network now provides broadband services for all public sector and non-profit organizations throughout Martin County. The Town of Sewall s Point Town Hall was one of 118 sites migrated from Comcast INet network to the new CBN Network. The New CBN Network provides redundant WAN connections to all sites connected. In additional, Martin County provides redundant Internet Access Services over the CBN from service providers Florida LambdaRail, LLC. and Indiantown Telecommunications Systems, Inc. SERVER HOSTING, FILE STORAGE & DISASTER RECOVERY SERVICES Martin County ITS can provide information technology services to the Town of Sewall s Point, including , calendaring, file sharing and disaster recovery. Martin County s Information Technology Services (ITS) can manage and support these services in a manner similar to that of existing County organizations, including the County Sheriff s Office, Administration, Fire Rescue, Library System, Martin County Utilities, Building Department, Supervisor of Elections Services provided, based on a Service Level Agreement to be completed between Town of Sewall s Point and Martin County ITS, would include: , Calendaring and Spam Filtering using Microsoft Exchange 2010 with unlimited messages for 22 accounts. Virus Protection on desktops and laptops will be provided by the Sheriff s Office. Computer files storage with up to 5GB of storage per user. Offsite disaster recovery services and support for all and shared file storage Service Desk support during normal business hours. Detailed breakdown for One-Time and Ongoing Charges based on 13 personal computers and 21 accounts is as follows: Computer Services from Martin County One-time Setup Costs Notes Microsoft Exchange Licenses $ $31.50 Each User Microsoft Server CAL Licenses $ $17.66 Each User ProofPoint Services Perpetual Licenses $ $32.64 Each User Symantec AntiVirus Perpetual Licenses $ - Using AVG Disk: and My Documents - 5GB per User $ $6.95 Each User Migration of , Web and File Storage $ 1, $50.00 Each User Total Installation Charges $ 3, Ongoing Annual Costs Microsoft Exchange SW Maintenance $ $31.50 Each User Microsoft Server CAL SW Maintenance $ $17.66 Each User Microsoft Exchange & Other Server (Prorated) $ $32.64 Each User Symantec AntiVirus Perpetual Licenses $ - Using AVG Disk: and My Documents $ $1.71 / GB / Annual Service Desk Support 7:30a-5:00p M-F $ $12.00 Each / Annual Total Ongoing Annual Charges $ 2, Version 2.4 Page 5 of 6 6/6/2014

46 COST SUMMARY EXISTING SERVICES Wide Area Network Required to Provide Access to Martin County and Internet Services Annual Charges (based on standard Community Broadband Network Costs of $325/month/site for Sewall s Point Town Hall) ONE-TIME COSTS No One-Time Charges ANNUAL COSTS $ 3, Subtotal for Existing Services $ 0 $ 3, PROPOSED NEW SERVICES , Calendaring Services Hosted on Redundant Microsoft Exchange 2010 Clustered Platforms, AntiVirus and AntiSpam Endpoint Protection plus and Shared File Storage (based on 13 devices, 21 users at 5GB per user) ONE-TIME COSTS ANNUAL COSTS $ 3, $ 1, Help Desk Support During Business Hours M-F 7:30am 5:00pm No One-Time Charges $ Subtotal for Proposed Services $ 3, $ 2, ADDITIONAL SERVER COSTS Domain Controllers: One Physical Server at Town Hall, one Virtual Server at a County Data Center. County will provide and maintain. ONE-TIME COSTS No Charge ANNUAL COSTS No Charge Optional QuickBooks & Reporting Server: County provides as a virtual server. $2, $ Version 2.4 Page 6 of 6 6/6/2014

47 Martin County Information Technology Services Department Service Objectives From January 1, 2014 to December 31, 2016 With annual review For Town of Sewall s Point