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05/14/2019 (2)
BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, MAY 14, 2019 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Bob Solari, Chairman, District 5 Susan Adams, Vice Chairman, District 1 Joseph E. Flescher, District 2 Peter D. O'Bryan, District 4 Tim Zorc, District 3 Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS 2.B. INVOCATION Pastor Jeremy Rebman, First United Methodist Church 3. PLEDGE OF ALLEGIANCE Comrnissioner Susan Adams, Vice Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Designating the Month of May, 2019, as Mental Health Awareness Month Attachments: Proclamation 5.B. Presentation of Proclamation Designating the Month of May, 2019, as Foster Care Awareness Month Attachments.. Proclamation 5.C. Presentation of Proclamation Designating the Week of May 18 Through May 24, 2019, as National Safe Boating Week. Attachments: Proclamation May 14,2019 Pale 1 of 5 6. APPROVAL OF MINUTES 6.A. Regular Meeting of March 26, 2019 Attachments: 03262019BCC Draft.rtf 6.B. Regular Meeting of April 2, 2019 Attachments: 04022019BCC Draft 6.C. Regular Meeting of April 9, 2019 Attachments: 04092019BCCDraft 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Proclamation Honoring Catherine Daniel on Her Retirement From Indian River County Board of County Commissioners Department of Public Works Facilities Management Division with Twenty -Eight Years of Service Attachments: Proclamation 8. CONSENT AGENDA 8.A. Checks and Electronic Payments April 26, 2019 to May 2, 2019 Attachments: Finance Department Staff Report 8.B. Local Option Gas Tax Distribution Percentages Attachments: Staff Report Local Option Gas Tax 2019 Chart 8.C. Amendment to DEO Grant - Living Shoreline Attachments: Staff Report DEO Grant Amendment Agreement 8.D. Work Order No. 9, MBV Engineering, Inc.,Jackie Robinson Training Complex (FKA Historic Dodgertown) 1st and 3rd Base Concession Stands, IRC -1907 Attachments: Staff Report MBV Engineering, Inc. Work Order No. 9 8.E. Grant of Easement to Florida Power and Light (FPL) on 43rd Avenue for 43rd Avenue Waterway Village Improvements, IRC -1717 Attachments: Staff Report Easement May 14, 2019 Page 2 of 5 8.F. Approval of Release of Retainage and Final Payment under a Contract Agreement with Indian River Docks, LLC for Dock Restoration at the Archie Smith Fish House Attachments: Staff Report Indian River Docks LLC Contract Agreement Change Order to IR Docks LLC Contract Agreement IR Docks LLC Final Invoice 8.G. Indian River County Library System Policies and Procedures Manual Attachments: Staff Report Library Policies & Procedures 05-08-2019 8.H. Ranking of Firms for RFP 2019037 - Oslo Riverfront Conservation Area Wetland Overlook Reconstruction Attachments: Staff Report 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 11.A. Indian River County 2019 State Legislative Final Report Attachments: Staff Report 2019 State Legislative Final Report 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services 12.C.1. Staff Report and Update to the Indian River County Board of County Commissioners - Pickleball in Indian River County, Florida Attachments: Staff Report Comprehensive Plan/CIE Pages A-7 & A-8 1. Human Services 2. Sandridge Golf Club 3. Recreation May 14, 2019 Page 3 of 5 D. Human Resources E. Office of Management and Budget F. Public Works G. Utilities Services 12.G.1. Modifications to Septic Hauler Agreement for the Residuals Dewatering Facility Attachments: Staff Report Draft of Application and Agreement - June 2019 Blank Portable Restroom -Holding Tank Route Sheet 13. COUNTY ATTORNEY MATTERS 13.A. County Attorney's Annual Employment Agreement Attachments: Staff Report DTR Contract (2019-2020) 13.B. Pretrial Services Attachments: Staff Report Pretrial Supervision Program Handout Interlocal Agreement between St. Lucie County and Martin County Memorandum from Ray P. Hudson to Sheriff William D. Snyder, dated June 11, 2018 13.C. Request for Permission to Advertise: Retail Sale of Dogs and Cats Attachments: Staff Report Article Proposed Ordinance 14. COMMISSIONERS MATTERS A. Commissioner Bob Solari, Chairman B. Commissioner Susan Adams, Vice Chairman C. Commissioner Joseph E. Flescher D. Commissioner Peter D. O'Brvan E. Commissioner Tim Zorc Commissioners Open Dialogue Commissioners Open Dialogue Attachments: Informational Memorandum 15. SPECIAL DISTRICTS AND BOARDS May 14, 2019 Page 4 of A. Emergency Services District B. Solid Waste Disposal District C. Environmental Control Board 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.irccov.com The full agenda is also available for review in the Board of County Commission Office. the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. May 14, 2019 Page 5 of sA PROCLAMATION Designating the Month of May, 2019, as Mental Health Awareness Month WHEREAS, mental health is part of overall health; and WHEREAS, mental health helps to sustain an individual's thought processes, relationships, productivity and ability to adapt to change or face adversity; and WHEREAS, mental illness adversely affects those abilities; and WHEREAS, one in four adults experiences mental health problems in any given year and such problems can contribute to onset of mental illness; and WHEREAS, one in 17 adults lives with mental illness such as major depression, bipolar disorder or schizophrenia; and WHEREAS, approximately one-half of chronic mental illness begins by the age of 14 and three-quarters by age 24; and WHEREAS, long delays -sometimes decades -often occur between the time symptoms first appear and when individuals get help; and WHEREAS, early identification and treatment can make a profound difference in successful management of mental illness and recovery; and WHEREAS, it is important to maintain mental health and learn the symptoms of mental illness in order to get help when it is needed; and WHEREAS, every citizen and community can make a difference in helping end the silence and stigma that for too long has surrounded mental illness and discouraged people from getting help; and WHEREAS, public education and civic activities can encourage mental health and help improve the lives of individuals and families affected by mental illness. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the month of May, 2019, be designated as Mental Health Awareness Month in Indian River County, Florida in order to increase public understanding of the importance of mental health, and to promote identification and treatment of mental illnesses. Adopted this 14th day of May, 2019 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Susan Adams, Vice Chairman Joseph E. Flescher Tim Zorc Peter D. O'Bryan 1 ROCLAMAT1ON RECOGNIZING THE RIBBON -CUTTING CEREMONY FOR THE EXPANSION OF THE GIFFORD YOUTH ACHIEVEMENT CENTER WHEREAS, the Gifford Youth Achievement Center has been serving the community since 1998, providing the tools to ensure that every child who walks through its doors has a chance to graduate from high school and choose a life rooted in stability and joy; and WHEREAS, since GYAC began offering after-school and summer academic programming, the high school graduation rate of African-American students in Indian River County has increased from 51 percent to well over 80 percent and is rising each year; and WHEREAS, GYAC has been so instrumental in increasing those rates that its Board of Directors felt it imperative to build additional space to provide programs for students on their waiting list; and WHEREAS, GYAC began the $T4 million Dream Weaver Capital Campaign to build a new 14,000 square foot expansion building with the help of its Board, benefactors, and community supporters; and WHEREAS, GYAC achieved great success via dozens of generous donors, totaling $6.5 million; and WHEREAS, donors have continued to support GYAC in creating an endowment fund that will protect the community's investment in GYAC and ensure its programming will continue for years to come; and WHEREAS, an expansion project groundbreaking took place on June 28, 2018, and -- with expedited efforts from the architectural and construction firms -- has been completed in under a year, with a public Ribbon Cutting Ceremony scheduled for May 15, 2019; and WHEREAS, GYAC guarantees a return on investment by continuing to raise graduation rates and teach its students the lessons of perseverance, respect, strength, and self-confidence. NOW, THEREFORE BE IT PROCLAIMED THAT THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, does hereby recognize and laud the opening of the new Gifford Youth Achievement Center Expansion Building, and wish the staff continued success in their remarkable efforts. Adopted this 14th day of May, 2019. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Susan Adams, Vice Chairman Peter D. O'Bryan Joseph E. Flescher Tim Zorc 2 PROCLAMATION DESIGNATING THE MONTH OF MAY, 2019, AS FOSTER CARE AWARENESS MONTH WHEREAS, in 1988, President Reagan issued the first Presidential proclamation that established May as National Foster Care Month; and WHEREAS, in 2003, the State of Florida implemented Community -Based Care to save time and inancial resources and improve effectiveness in reaching foster care goals and outcomes; and WHEREAS, the family -- serving as the primary source of love, identity, self-esteem, and support -- is the very foundation of our Indian River County community; and WHEREAS, in Indian River County there are typically more than 140 children in foster care being provided with a safe, secure, and stable home by a compassionate, nurturing foster family; and WHEREAS, foster families in Indian River County have opened their homes and hearts to children of families in crisis, playing a vital role in helping families heal, reconnect, and find permanency; and WHEREAS, there is an on-going need for more foster homes in Indian River County to help launch children into successful adulthood; and WHEREAS, the community should be made aware of the needs of children, as well as the 'enduring commitment and contribution of foster parents. NOW, THEREFORE BE IT PROCLAIMED THAT THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, does hereby proclaim the month of May, 2019, as "Foster Care Awareness Month" and urges all citizens to volunteer their time, talent and energy on behalf of foster children, foster parents, and professional staff engaged in this critical endeavor. Adopted this 14th day of May, 2019. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Susan Adams, Vice Chairman Peter D. O'Bryan Joseph E. Flescher Tim Zorc 3 PROCLAMATION DESIGNATING THE WEEK OF MAY 18 - 24, 2019, AS ����8n���0 SAFE �����U�/� ������ 8���QH�U�������HQU�� ����� WHEREAS, for nearly 100 million Americans, boating continues to baa popular recreational activity. From coast to cnost, and everywhere in bebween, people are taking to the water and enjoying time together boadnQ, sei|ing, paddling and fishing. During National Safe Boating Week, the U.S. Coast Guard and its federal, state, and local safe boating partners encourage all boaters to explore and enjoy America's beautiful waters responsibly; and WHEREAS, safe boating begins with preparation. The Coast Guard estimates that human error accounts for 70 percent of all boating accidents and that life jackets could prevent nearly 85 percent of boating fatalities. Through basic boating safety procedures — carrying lifesaving emergency distress and communications equipment, wearing life jaokets, attending safe boating courses, participating in free boat safety checks, and staying sober when navigating we can help ensure boaters on America's coastaL inland and offshore waters stay safe throughout the season; and WHEREAS, National Safe Boating Week is observed to bring attention to important life-saving tips for recreational boaters so that they can have a safer, more fun experience out on the water throughout the year; and WHEREAS, on avenage. 650 people die each year in boating -related accidents in the U.S.; 76 percent of these are fatalities caused by drowning; and VVHEFlE/\S, the vast majority of these accidents are caused by human error or poor judgment and not by the boat, equipment or environmental factors; and yVHEREAS, a significant number of boaters who lose their lives by drowning each year would be alive today had they worn their life jackets. NOW, THEREFORE, BE IT PROCLAIMED THAT THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA hereby supports the goals of the Safe Boating Campm\gn, and designates May 18 - 24, 2019, as National Safe Boating Week and the start of the year-round effort to promote safe boating. We urge all those who boat to practice safe boating habits and wear a life jacket at all times while boating. Adopted this 14th day of May, 2019. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Susan Adams, Vice Chairman Peter D. O'Bryan Joseph E. Flescher Tim Zorc 4 4 PROCLAMA TION HONORING CATHERINE DANIEL ON HER RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF PUBLIC WORKS FACILITIES MANAGEMENT DIVISION WHEREAS, Catherine Daniel retires from Indian River County Facilities Management Division effective May 16, 2019; and WHEREAS, Catherine Daniel began her career with Indian River County on November 2, 1990 as a Secretary I, subsequently promoting to Secretary II, and then promoting to Staff Assistant III on March 30, 2001, and served in this capacity until her retirement; and WHEREAS, Catherine Daniel has served this County and the Public with distinction and selflessness. During her twenty-eight years of service, she was dedicated, and her work was greatly appreciated by the employer, citizens, and co-workers alike; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Catherine Daniel's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service she has given to Indian River County for the last twenty-eight years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in her future endeavors! Adopted this 14th day of May, 2019. BOARD OF COUNTY COMMISSIONERS INDL4NRIVER COUNTY, FLORIDA Bob Solari, Chairman • . 111111r- JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: May 2, 2019 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS April 26, 2019 to May 2, 2019 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of April 26, 2019 to May 2, 2019. 6 TRANS NBR 381105 381106 381107 381108 381109 381110 381111 381112 381113 381114 381115 381116 381117 381118 381119 381120 381121 381122 381123 381124 381125 381126 381127 381128 381129 381130 381131 381132 381133 381134 381135 381136 381137 381138 381139 381140 381141 381142 381143 381144 381145 381146 381147 381148 381149 381150 381151 381152 381153 381154 381155 381156 381157 381158 381159 381160 381161 381162 DATE 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/29/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 CHECKS WRITTEN VENDOR AMOUNT PAUL CARONE 5,153.00 WILLIE C REAGAN 1,746.00 LARRY STALEY 593.00 PINNACLE GROVE LTD 3,123.00 VERO CLUB PARTNERS LTD 2,549.00 DAVID SPARKS 1,407.00 THE PALMS AT VERO BEACH 1,795.00 JOHN OLIVIERA 856.00 ARTHUR PRUETT ' 756.00 MICHAEL JAHOLKOWSKI 547.00 STEVEN RENNICK 661.00 LUCY B HENDRICKS 807.00 ROBERT L BRACKETT 780.00 SYLVESTER MC INTOSH 365.00 PAULA WHIDDON 553.00 JAMES W DAVIS 372.00 NITA EZELL 609.00 MISS INC OF THE TREASURE COAST 1,528.00 DANIEL CORY MARTIN 3,602.00 PAULA ROGERS & ASSOCIATES INC 660.00 FIVE STAR PROPERTY HOLDING LLC 830.00 MARK BAER 1,975.00 VAL APTS LLC 818.00 INDIANTOWN NON-PROFIT HOUSING INC 670.00 AUGUSTUS B FORT JR 641.00 H&H SHADOWBROOK LLC 563.00 VERO BEACH PLACE LLC 2,133.00 GNS REAL ESTATE HOLDINGS LLC 1,135.00 COALITION FOR ATTAINABLE HOMES INC 0.00 HELPING HANDS REAL ESTATE & INVESTMENT CO 3,815.00 ALIX DENAEAU 750.00 MCLAUGHLIN PROPERTIES LLC 750.00 NKW PIP HOLDINGS I LLC 2,889.00 MAXIPLEX LLC 2,695.00 RANDY BETHEL 751.00 WATSON REALTY GROUP 758.00 KARL POKRANDT 747.00 BRANDON ROUER 1,960.00 HUDSON CONSULTING & MANAGEMENT LLC 552.00 PALMETTO PROPERTY MANAGEMENT CORP 935.00 LUCIAN LEWIS 856.00 HAMID SILMANE 750.00 PAMELA CHAVEZ 700.00 PHILIPPE ALEXANDER 700.00 STANLEY L JENNINGS 2,225.00 STANLEY L JENNINGS 850.00 SHARON P BRENNAN 556.00 PETTY CASH 34.25 CARMEN LEWIS 76.00 COALITION FOR ATTAINABLE HOMES INC 2,845.00 HELPING HANDS REAL ESTATE & INVESTMENT CO 700.00 FLORIDA POWER AND LIGHT 1,739.23 ORANGE COUNTY HOUSING & C D 681.45 VERO BEACH EDGEWOOD PLACE LP 566.00 GRACES LANDING LTD 8,989.00 LINDSEY GARDENS LTD 4,964.00 WILLIE C REAGAN 446.00 RIVER PARK ASSOCIATES LIMITED 12,726.00 1 TRANS NBR 381163 381164 381165 381166 381167 381168 381169 381170 381171 381172 381173 381174 381175 381176 381177 381178 381179 381180 381181 381182 381183 381184 381185 381186 381187 381188 381189 381190 381191 381192 381193 381194 381195 381196 381197 381198 381199 381200 381201 381202 381203 381204 381205 381206 381207 381208 381209 381210 381211 381212 381213 381214 381215 381216 381217 381218 381219 381220 381221 381222 DATE 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/02/2019 05/02/2019 05/02/2019 VENDOR CREATIVE CHOICE HOMES XVI LTD DAVID YORK ST FRANCIS MANOR OF VERO BEACH TREASURE COAST HOMELESS SERVICES FLORIDA POWER AND LIGHT VENETIAN APARTMENTS OF VERO BEACH PINNACLE GROVE LTD VERO CLUB PARTNERS LTD DAVID SPARKS INDIAN RIVER COUNTY HOUSING AUTHORITY INDIAN RIVER COUNTY HOUSING AUTHORITY INDIAN RIVER COUNTY HOUSING AUTHORITY INDIAN RIVER COUNTY HOUSING AUTHORITY INDIAN RIVER COUNTY HOUSING AUTHORITY CRAIG MERRILL HAGGERTY FAMILY LTD SUNQUEST INC THE PALMS AT VERO BEACH DAVID CONDON HILARY MCIVOR PELICAN ISLES LP SUNCOAST REALTY & RENTAL MGMT LLC OAK RIVER PROPERTIES INC SONRISE VILLAS LTD AD1NA GOLDMAN INDIAN RIVER RDA LP GEORGE THUYNS LAZY J LLC JESSE LEWIS SKOKIE HOLDINGS INC ROGER WINSLOW OSLO VALLEY PROPERTIES INC SAID S MOOBARK LINDSEY GARDENS II LTD ANTHONY ARROYO AHS HOLDINGS GROUP LLC DANIEL CORY MARTIN YVONNE KOUTSOFIOS ALAN R TOKAR VERO BEACH VILLAS I LLC BRIAN E GALLAGHER STEPHANIE WATCHEK FOUNTAIN TRUST SCOT WILKE THEODORE BARTOSIEWICZ FOUNDATION FOR AFFORDABLE RENTAL RICHARD KUSSEROW ARE JAY INVESTMENTS OF INDIAN RIVER COUNTY II\ JOHN T STANLEY WEDGEWOOD RENTALS LLC ALMA LUCKETT MCLAUGHLIN PROPERTIES LLC MYRIAM MELENDEZ WATSON REALTY GROUP JAMES R LYONS SHEJI LLC TONY GUTIERREZ LAWRENCE C SALTER PORT CONSOLIDATED INC COMMUNICATIONS INTERNATIONAL TEN -8 FIRE EQUIPMENT INC AMOUNT 16,552.00 596.00 265.00 1,237.00 188.00 386.00 3,281.00 17,870.00 370.00 1,600.00 257.00 416.00 518.00 3,593.00 762.00 367.00 4,410.00 12,000.00 657.00 702.00 6,951.00 4,703.00 433.00 2,025.00 615.00 4,766.00 638.00 1,976.00 667.00 569.00 468.00 205.00 1,335.00 5,839.00 481.00 1,263.00 1,230.00 20.00 679.00 457.00 540.00 112.00 510.00 497.00 19,412.00 449.00 509.00 776.00 1,459.00 813.00 1,363.00 522.00 3,032.00 407.00 439.00 603.00 477.00 2,103.92 243.20 1,606.98 2 TRANS NBR 381223 381224 381225 381226 381227 381228 381229 381230 381231 381232 381233 381234 381235 381236 381237 381238 381239 381240 381241 381242 381243 381244 381245 381246 381247 381248 381249 381250 381251 381252 381253 381254 381255 381256 381257 381258 381259 381260 381261 381262 381263 381264 381265 381266 381267 381268 381269 381270 381271 381272 381273 381274 381275 381276 381277 381278 381279 381280 381281 381282 DATE 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 VENDOR AMOUNT RANGER CONSTRUCTION IND INC 1,521.19 VERO CHEMICAL DISTRIBUTORS INC 1,182.50 RICOH USA INC 162.98 RICOH USA INC 65.87 CHISHOLM CORP OF VERO 2,677.25 HENRY SCHEIN INC 271.16 AT&T WIRELESS 193.22 SAFETY KLEEN SYSTEMS INC 335.39 REPUBLIC SERVICES INC 478,542.73 MCMASTER CARR SUPPLY CO 262.48 GAYLORD BROTHERS INC 127.41 PHYSIO CONTROL INC 1,958.40 AVERY DENNISON CORPORATION 1,771.20 DEEP SIX DIVE SHOP INC 20.99 BOUND TREE MEDICAL LLC 1,766.06 PETES CONCRETE 4,150.00 CARTER ASSOCIATES INC 5,441.15 BILL BRYANT & ASSOCIATES INC 2,970.00 DELL MARKETING LP 1,813.72 BAKER & TAYLOR INC 10,892.22 MIDWEST TAPE LLC 645.13 BAKER DISTRIBUTING CO LLC 121.36 CENGAGE LEARNING INC 945.41 PALM TRUCK CENTERS INC 200.00 GO COASTAL INC 186.15 FLORIDA ASSOCIATION OF COUNTIES INC 200.00 INDIAN RIVER COUNTY HEALTH DEPT 486.81 CITY OF VERO BEACH 768.86 CITY OF VERO BEACH 1,602.05 CITY OF VERO BEACH 1,008.52 UNITED PARCEL SERVICE INC 60.38 FLORIDA GOVERNMENT FINANCE 325.00 PUBLIX SUPERMARKETS 56.48 ACUSHNET COMPANY 609.04 FLORIDA WATER & POLLUTION CONTROL 30.00 GEOSYNTEC CONSULTANTS INC 11,817.75 FEDERAL EXPRESS CORP 6.57 CALLAWAY GOLF SALES COMPANY 231.38 FLORIDA POWER AND LIGHT 124,644.11 HOLIDAY INN 231.00 PHILLIP J MATSON 76.93 TAYLOR MADE GOLF CO INC 161.37 STATE ATTORNEY 10,531.46 GLOBAL GOLF SALES INC 1,234.20 WASTE MANAGEMENT INC 195,456.90 CATHOLIC CHARITIES DIOCESE OF PALM BCH 2,751.89 LANGUAGE LINE SERVICES INC 127.03 STRUNK FUNERAL HOMES & CREMATORY 425.00 JASON E BROWN 35.00 IRC HEALTHY START COALITION INC 2,500.00 IRC HEALTHY START COALITION INC 2,500.00 IRC HEALTHY START COALITION INC 2,500.00 IRC HEALTHY START COALITION INC 2,500.00 IRC HEALTHY START COALITION INC 833.33 FLORIDA UC FUND 2,368.81 WALKER PROCESS EQUIPMENT 5,276.77 NATIONAL ALLIANCE FOR YOUTH SPORTS INC 5.00 ARNOLD AIR CONDITONING INC 1,382.00 KEEP INDIAN RIVER BEAUTIFUL INC 6,173.72 RUSSELL PAYNE INC 620.36 3 TRANS NBR 381283 381284 381285 381286 381287 381288 381289 381290 381291 381292 381293 381294 381295 381296 381297 381298 381299 381300 381301 381302 381303 381304 381305 381306 381307 381308 381309 381310 381311 381312 381313 381314 381315 381316 381317 381318 381319 381320 381321 381322 381323 381324 381325 381326 381327 381328 381329 381330 381331 381332 381333 381334 381335 381336 381337 381338 381339 381340 381341 381342 DATE 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 VENDOR TRANE US INC CINTAS CORPORATION NO 2 BIG BROTHERS AND BIG SISTERS DASIE BRIDGEWATER HOPE CENTER INC UNITED RENTALS NORTH AMERICA INC COASTAL TECHNOLOGY CORPORATION SOUTHERN JANITOR SUPPLY INC JACKS COMPLETE TREE SERVICE INC CENTRAL PUMP & SUPPLY INC STAPLES CONTRACT & COMMERCIAL INC ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT OKLAHOMA STATE UNIVERSITY AMERICAN WATER WORKS ASSOCIATION RESIDENCE INN ORLANDO SEAWORLD NORTH CAROLINA CHILD SUPPORT JOHNNY B SMITH SUMMERLINS MARINE CONST LLC GLOBALSTAR USA THOR GUARD INC REDLANDS CHRISTIAN MIGRANT ASSOC ECONOMIC OPPORTUNITIES COUNCIL OF IRC SOUTHEAST SECURE SHREDDING DANA SAFETY SUPPLY INC YOUTH GUIDANCE DONATION FUND NICOLACE MARKETING INC EQ THE ENVIRONMENTAL QUALITY COMPANY PATTYS PRINTING & GRAPHICS INC WINSUPPLY OF VERO BEACH ALERT ALL CORPORATION FEED THE LAMBS ENRICHMENT PROGRAM INC NORTH HARRIS COMPUTER CORPORATION RANGE SERVANT AMERICA INC DE LA HOZ BUILDERS INC LINDSEY GARDENS II LTD HRO INC ECMC AHS HOLDINGS GROUP LLC OCEAN RESEARCH & CONSERVATION ASSOCIATION 11 TAW ORLANDO SERVICE CENTER INC LOWES HOME CENTERS INC O SPORTSWEAR LLC TREASURE COAST TURF INC CARMEN LEWIS STRAIGHT OAK LLC SOUTHERN MANAGEMENT LLC FAMILY SUPPORT REGISTRY COAST TO COAST COMPUTER PRODUCTS INC SKECHERS USA INC MICHAEL EDWARD HAMILTON LAW OFFICE OF KAREN WONSETLER PA HAWKINS INC ANDERSEN ANDRE CONSULTING ENGINEERS INC SCRIPPS NP OPERATING LLC GERELCO TRAFFIC CONTROLS INC UNIFIRST CORPORATION SCHUMACHER AUTOMOTIVE DELRAY LLC SITEONE LANDSCAPE SUPPLY LLC GOTTA GO GREEN ENTERPISES INC AMOUNT 112,723.25 214.73 7,301.77 4,274.82 4,483.12 8,500.00 2,200.31 1,200.00 214.02 496.87 299.36 303.42 169.30 2,046.25 850.00 605.00 105.69 25.00 16,400.00 188.87 664.47 3,925.33 3,536.27 800.00 1,437.00 833.33 1,216.75 24,055.96 601.60 86.24 285.00 1,875.00 46,200.00 473.61 27,133.00 230.00 674.90 289.25 400.00 2,484.76 3,493.80 1,489.85 1,440.00 90.00 188.00 97.40 2,770.00 9.66 3,519.84 51.25 300.00 1,375.00 942.50 2,785.00 140.13 28,034.00 1,380.64 372.45 161.83 110.67 4 TRANS NBR 381343 381344 381345 381346 381347 381348 381349 381350 381351 381352 381353 381354 381355 381356 381357 381358 381359 381360 381361 381362 381363 381364 381365 381366 381367 381368 381369 381370 381371 381372 381373 381374 381375 381376 381377 381378 381379 381380 381381 381382 381383 381384 381385 381386 381387 381388 381389 381390 381391 381392 381393 381394 381395 381396 Grand Total: DATE 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 VENDOR AMOUNT HYDROMAX USA LLC 36,671.00 BARSALOU VENTURES LLC 605.63 ENDRESS & HAUSER INC 11,540.92 EASTERN PIPELINE CONSTRUCTION INC 3,850.00 MATHESON TRI -GAS INC 7,470.45 PEOPLE READY INC 22,518.77 CANARX GROUP INC 14,824.60 WILLIS SPORTS ASSOCIATION INC 1,186.16 COLE AUTO SUPPLY INC 826.78 CANON FINANCIAL SERVICES INC 269.54 FORERUNNER TECHNOLOGIES INC 210.00 LIFESTYLE HOMES BUILDERS INC 6,711.19 TARGET SOLUTIONS LEARNING LLC 28,965.00 NORTH CAROLINA DEPARTMENT OF REVENUE 86.67 BETH NOLAN 85.00 DIANE LYSTLUND 728.14 THOMAS R PILIERO 75.00 NESTLE WATERS NORTH AMERICA 52.73 CORE & MAIN LP 879.20 BROWNELLS INC 5,198.90 GOMEZ BROTHERS IRRIGATION LLC 1,710.00 WOERNER AGRIBUSINESS LLC 286.50 LINDA CAGGIANO 53.98 JOSEPH LORINO 25.00 VEROLA STUDIO LLC 7,960.00 STANTEC CONSULTING SERVICES INC 15,351.00 JOSH BINAFIF ALUMINUM LLC 126.00 AMERICAN JANITORIAL INC 3,050.74 CONCORDANCE HEALTHCARE SOLUTIONS LLC 664.72 RAMONA MURPHY 15.00 AMAZON CAPITAL SERVICES INC 148.70 AMAZON CAPITAL SERVICES INC 721.65 VERONIQUE ORY STURIALE 30.00 GSE HOLDING INC 25,627.00 PIRATE PEST CONTROL LLC 999.00 COMMONWEALTH OF MASSACHUSETTS 154.00 TMG UTILITY ADVISORY SERVICES INC 780.00 KANSAS PAYMENT CENTER 219.69 HOPPING GREEN & SAMS PA 162.00 LOUIS AGUDELO 25.00 ALL AMERICAN TRAILER CONNECTION INC 7,095.75 ITW FOOD EQUIPMENT GROUP LLC 232.00 BENEFIT EXPRESS SERVICES LLC 11,889.20 JORDAN POWER EQUIPMENT CORP 490.28 JAMES ROMANEK 25.00 LIBERTY TIRE RECYCLING LLC 5,444.07 AUTOMATED METAL PRODUCTS INC 5,313.20 AUTOMATED METAL PRODUCTS INC 1,793.44 KIMBERLY K MOIRANO 12.99 DERECK R PRINCE 190.00 JUDITH A BURLEY 24.00 MALANCZYN ELECTRIC INC 3,500.00 APTIM CORP 29,706.28 SHAUN D DOWLING 8,682.68 1,733,036.54 5 TRANS. NBR 1014898 1014899 1014900 1014901. 1014902 1014903 1014904 1014905 1014906 1014907 1014908 1014909 1014910 1014911 1014912 1014913 1014914 1014915 1014916 1014917 1014918 1014919 1014920 1014921 1014922 1014923 1014924 1014925 1014926 1014927 1014928 1014929 1014930 1014931 1014932 1014933 1014934 1014935 1014936 1014937 1014938 1014939 1014940 1014941 1014942 1014943 1014944 1014945 1014946 1014947 Grand Total: ELECTRONIC PAYMENT - VISA CARD DATE 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/29/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 VENDOR AT&T OFFICE DEPOT BSD CUSTOMER SVC WASTE MANAGEMENT INC COMCAST POLYDYNE INC INDIAN RIVER BATTERY MIKES GARAGE & WRECKER SERVICE INC ST LUCIE BATTERY & TIRE CO RECORDED BOOKS LLC SOUTHERN COMPUTER WAREHOUSE INC PRIDE ENTERPRISES SHRIEVE CHEMICAL CO UNIVERSAL ENGINEERING SCIENCES METRO FIRE PROTECTION SERVICES INC SIMS CRANE & EQUIPMENT CO L&L DISTRIBUTORS RADWELL INTERNATIONAL INC WRIGHT FASTENER COMPANY LLC TIGHT LINE PRODUCTIONS INC ALLIED DIVERSIFIED OF VERO BEACH LLC NEXAIR LLC PACE ANYALYTICAL LLC AT&T OFFICE DEPOT BSD CUSTOMER SVC ADRON FENCE COMPANY INC INDIAN RIVER BATTERY ALLIED UNIVERSAL CORP IRRIGATION CONSULTANTS UNLIMITED INC GROVE WELDERS INC COMPLETE RESTAURANT EQUIPMENT LLC APPLE MACHINE & SUPPLY CO COMMERCIAL ENERGY SPECIALISTS COMO OIL COMPANY OF FLORIDA COMPLETE ELECTRIC INC CONSOLIDATED ELECTRICAL DISTRIBUTORS INC GUARDIAN ALARM OF FLORIDA LLC EFE INC PARKS RENTAL & SALES INC MIKES GARAGE & WRECKER SERVICE INC TEAM EQUIPMENT INC MEEKS PLUMBING INC HD SUPPLY FACILITIES MAINTENANCE LTD PRIDE ENTERPRISES STRYKER SALES CORP SHRIEVE CHEMICAL CO RECHTIEN INTERNATIONAL TRUCKS SIMS CRANE & EQUIPMENT CO FPS OFFICE SOLUTIONS LLC NEXAIR LLC PACE ANYALYTICAL LLC AMOUNT 9,005.43 191.86 7,825.28 76.94 2,576.00 202.90 520.00 3,298.26 429.40 5,047.35 3,170.00 4,064.94 21,870.00 4,485.20 1,733.40 795.40 381.48 216.00 500.00 85.00 38.97 5,174.00 491.62 4,251.13 2,775.00 81.45 11,028.21 22.96 177.87 5,121.01 1,104.35 476.63 423.43 440.00 897.67 730.00 455.51 1,082.88 320.00 13,201.59 787.00 449.86 17.50 216.72 4,109.41 229.90 642.00 89.64 335.74 216.00 121,862.89 1 TRANS NBR 6738 6739 6740 6741 6742 6743 6744 6745 6746 6747 6748 6749 6750 6751 6752 6753 6754 6755 6756 P -CARD Grand Total: ELECTRONIC PAYMENTS - WIRE & ACH DATE 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/26/2019 04/29/2019 04/29/2019 04/29/2019 04/29/2019 04/30/2019 04/30/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/01/2019 05/02/2019 05/02/2019 VENDOR AMOUNT CDM SMITH INC 190,001.51 TOWN OF INDIAN RIVER SHORES 5,983.42 CDM SMITH INC 64,101.25 KIMLEY HORN & ASSOC INC 1,450.00 HUMANE SOCIETY 24,475.00 IRC CHAMBER OF COMMERCE 6,221.91 SENIOR RESOURCE ASSOCIATION 266,279.11 CHARD SNYDER & ASSOCIATES INC 312.00 WEST HEALTH ADVOCATE SOLUTIONS INC 1,471.80 IRC CHAMBER OF COMMERCE 8,844.70 C E R SIGNATURE CLEANING 5,250.00 RX BENEFITS INC 325,340.95 CLERK OF CIRCUIT COURT 86,776.25 INDIAN RIVER COUNTY SHERIFF 4,076,513.98 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 92,596.64 ST LUCIE BATTERY & TIRE CO 1,000.00 MUTUAL OF OMAHA 7,453.68 TOTAL ADMINISTRATIVE SERVICES CORP 12,084.89 IRC CHAMBER OF COMMERCE 18,368.49 TD BANK, N.A. 11,406.96 5,205,932.54 13 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Local Option Gas Tax Distribution Percentages DATE: May 1, 2019 DESCRIPTION AND CONDITIONS Attached is the 2019 updated table for computation of the Local Option Gas Tax Distribution Percentages. The new percentages will be sent to the Florida Department of Revenue for implementation by September 1, 2019. RECOMMENDATIONS Staff recommends approval of the 2019/2020 revenue distribution percentages. ATTACHMENT LOGT Chart/Spreadsheet DISTRIBUTION Kristin Daniels, Director, Office of Management & Budget APPROVED AGENDA ITEM FOR MAY 14, 2019 14 C:\Users\Iegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@F8ODD20A\@BCL@F8ODD20A.doc INDIAN RIVER COUNTY LOCAL OPTION GAS TAX DISTRIBUTION FORMULA MAY 2019 ITEM INDIAN RIVER COUNTY VERO BEACH FELLSMERE SEBASTIAN ORCHID INDIAN RIVER TOTAL SHORES # Lane Miles 1409.61 202.06 57 314 7 4.97 # Bridges 75 5 0 5 0 0 Equiv. Lane Miles 1,559.61 212.06 57 324 7 4.97 2,164.64 72.0494% 9.7965% 2.6332% 14.9678% 0.3234% 0.2296% 100.00% Equiv. Lane=(# Lane Miles)+(2)(# Bridges) Transportation Expenditures 2017/2018 $34,714,925 $5,290,246 $3,748,680 $5,222,366 $22,536 $1,272,153 2016/2017 $32,550,182 $7,028,825 $1,592,077 $6,789,304 $16,151 $332,873 2015/2016 $33,726,485 $5,256,907 $1,450,058 $5,229,574 $26,445 $308,725 2014/2015 $32,580,202 $4,173,695 $2,197,651 $5,513,017 $23,763 $388,547 2013/2014 $38,747,247 $3,205,811 $1,110,799 $3,959,905 $18,944 $220,923 Sub -Totals $172,319,041 $24,955,484 $10,099,265 $26,714,166 $107,839 $2,523,221 $236,719,016 Average Percent 72.7948% 10.5422% 4.2664% 11.2852% 0.0456% 1.0659% 100.000000% POPULATION (2018)* 100,719 16,274 5,571 24,630 423 4,208 151,825 POPULATION % 66.3389% 10.7189% 3.6694% 16.2226% 0.2786% 2.7716% 100.000000% REVENUE PERCENTAGE 70.394300% 10.352600% 3.523000% 14.158600% 0.215800% 1.355700% 100.000000% (PROPOSED FOR 2019/2020) EXISTING PERCENTAGE 71.404300% (2018/2019) 10.051000% 3.147500% 13.969600% 0.215400% 1.212200% 100.000000% Distribution Formula is equal to one-third of the entity's percentage of total equivalent lane miles of road plus one-third of the entity's percentage of transportation expenditures over the previous 5 years, plus one-third of the entity's total percentage of population based upon most recent estimate from the University of Florida Bureau of Economic and Business Research (BEBR) * Per Bureau of Economic and Business Research, University of Florida Population Estimates 2018 15 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM gc. Consent TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Kendra L. Cope, M.S., Coastal Resources Coordinator SUBJECT: Amendment to DEO Grant — Living Shoreline DATE: May 3, 2019 BACKGROUND AND DESCRIPTION On October 16, 2018 the board approved a 100 percent cost reimbursement grant from the Florida Department of Economic Opportunity (DEO) to construct an educational living shoreline demonstration at Round Island Park. On January 8, 2019, the board executed an agreement with an updated scope which removed the requirement of using oysters in the project. Staff constructed the living shoreline in February at Round Island by removing invasive plants and planting native salt -tolerant vegetation along the shoreline of the kayak launch to protect the high use area from erosion and storm damage. When staff submitted the report for deliverable 1, post construction, DEO staff decided additional changes needed to be made to the scope of work. DEO staff suggested making an amendment so the Project Description, Grantee Responsibilities, and Deliverables Table better fit the project. These changes include the following deletions and replacements: PROJECT DESCRIPTION: The original has been deleted in its entirety and replaced with "Grantee shall plan and construct a living shoreline demonstration site within Round Island Park to enhance the existing living shoreline and provide public education on the benefits of living shorelines." GRANTEE'S RESPONSIBILTIES: The original has been deleted in its entirety and replaced with "Grantee shall timely perform the Deliverables and Tasks described in this Section 3. Grantee's Responsibilities and in Section 5. Deliverables below, and in doing so, Grantee shall comply with all the terms and conditions of this Agreement. A. Deliverable 1. Grantee shall plan and construct a living shoreline demonstration site, and shall enhance the habitat and educational value of the site through removal of exotic plant species and replanting with native plants. B. Deliverable 2. Grantee shall design and install educational signage about living shorelines and their importance for a healthy estuarine system. A minimum of two (2) educational videos shall be created and linked to the educational signage via Quick Response Codes ("QR codes")." DELIVERABLES TABLE: This has been deleted in its entirety and replaced with deliverable tasks, timelines and costs that align with the reorganization of the above Grantee's Responsibilities. Page 2 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@680ECE68\@ BCL@680ECE68.docxl6 BCC Agenda Item Amendment of DEO Grant May 14, 2019 Staff plans to install the educational portion of this project in June to meet the amended deliverable timeline. FUNDING On October 16, 2018 the board authorized the chairman to sign the original DEO grant agreement on behalf of the County for a total of $13,500. No changes to funding have occurred with the amendment. Funds for this expenditure are available in General Fund/Lagoon/Other Professional Services- Acct # 00128337-033190. RECOMMENDATION Staff recommends the Board approve the DEO Grant Amendment Agreement and authorize the Chairman to sign two (2) copies of the Amendment Agreement on behalf of the County. Following Board approval, the County will transmit the partially executed Amendment Agreement to the DEO for final signatures. Upon receipt of the fully executed original Amendment Agreement from the DEO, staff will transmit to the Clerk to the Board of County Commission for recording. ATTACHEMENT DEO Grant Amendment Agreement APPROVED AGENDA ITEM FOR: May 14, 2019 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@ BCL@680ECE68\@ BCL@680ECE68.docxl7 DocuSign Envelope ID: 1 E3B9451-5E15-489F-9A8E-D7EC3A0D3EE2 AMENDMENT ONE TO GRANT AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY AND INDIAN RIVER COUNTY, FLORIDA Agreement #P0307 -A1 WHEREAS, on January 25, 2019, the State of Horida, Department of Economic Opportunity ("DEO"), and Indian River County, Florida ("Grantee"), entered into Grant Agreement #P0307 ("Agreement") for the Grantee to undertake a project described in the Agreement. WHEREAS, Section D., Renegotiation or Modification, of the Agreement provides that any modification to the Agreement must be in writing, and executed by the Parties thereto; and WHEREAS, the Parties wish to amend the Agreement as set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and obligations set forth herein, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to the following: 1. Attachment 1, SCOPE OF WORK, Section 2. Project Description, is hereby deleted in its entirety and replaced with the following: Grantee shall plan and construct a living shoreline demonstration site within Round Island Park to enhance the existing living shoreline and provide public education on the benefits of living shorelines. 2. Attachment 1, SCOPE OF WORK, Section 3. Grantee's Responsibilities, is hereby deleted in its entirety and replaced with the following: Grantee shall timely perform the Deliverables and Tasks described in this Section 3. Grantee's Responsibilities and in Section 5. Deliverables below, and in doing so, Grantee shall comply with all the terms and conditions of this Agreement. A. Deliverable 1. Grantee shall plan and construct a living shoreline demonstration site, and shall enhance the habitat and educational value of the site through removal of exotic plant species and replanting with native plants. B. Deliverable 2. Grantee shall design and install educational signage about living shorelines and their importance for a healthy estuarine system. A minimum of two (2) educational videos shall be created and linked to the educational signage via Quick Response Codes ("QR codes"). 3. The table in Attachment 1, SCOPE OF WORK, Section 5. Deliverables, is hereby deleted in its entirety and replaced with the following: Deliverables and Tasks Minimum Leve! of Service Payment Amount Not to Exceed Financial Consequences Deliverable 1. Grantee shall design and construct a demonstration site to enhance the existing living shoreline in accordance with Section Completion of Deliverable 1 as evidenced by submission of the following: 1. Printed copy of a conceptual site plan. 2. Photographs and/or video taken during the construction $9,500 As provided in Section 12 of this Scope of Work, below. Page 1 of 3 18 DocuSign Envelope ID: 1 E3B9451-5E15-489F-9A8E-D7EC3A0D3EE2 Agreement #P0307 -A1 3.A. of this Scope of Work. Deliverable due date: May 17, 2019 process and after construction is complete showing exotic vegetation removal and native vegetation replanting. Grantee shall submit copies of all required documentation identified above on paper or electronically in MS Word or PDF format. If maps are required, they shall be provided on a compact disc in PDF format with ArcGIS compatible shapefiles if they are available. If deliverables are submitted on USB or CD/DVD, Grantee shall provide two (2) complete sets of deliverables on two (2) separate USBs or two (2) CD/DVDs. Deliverable 2. Completion of Deliverable 2 as evidenced by submission of $4,000 As provided in Section 12 of this Grantee shall install educational signage with QR Codes to be placed at the site, and create a minimum of two (2) educational videos in accordance with Section all of the following: 1. Photographs of signs installed at the site. 2. Electronic copy of two (2) educational videos attached to the educational signage via QR Codes in MP4 format. Scope of Work, below. 3.B. of this Scope of Work. Deliverable due date: June 14, 2019 Grantee shall submit copies of all required documentation identified above on paper or electronically in MS Word or PDF format. If maps are required, they shall be provided on a compact disc in PDF format with ArcGIS compatible shapefiles if they are available. Videos shall be submitted on compact discs in MP4 format. If deliverables are submitted on USB or CD/DVD, Grantee shall provide two (2) complete sets of deliverables on two (2) separate USBs or two (2) CD/DVDs. Total Amount Not to Exceed $13,500.00 4. All other terms and conditions remain in full force and effect. Page 2 of 3 19 DocuSign Envelope ID: 1 E3B9451-5E15-489F-9A8E-D7EC3A0D3EE2 Agreement #P0307 -A1 IN WITNESS WHEREOF, by signatures below, the Parties agree to abide by the terms, conditions, and provisions of Agreement #P0307 as amended. This Amendment is effective on the date the last Party signs it. FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY Approved as to form and legal sufficiency, subject only to full and proper execution by the parties. By: Signature OFFICE OF GENERAL COUNSEL DEPARTMENT OF James D. Stansbury ECONOMIC OPPORTUNITY Title: Chief, Bureau of Community Planning By: and Growth Signature Date: Approved Date: ATTEST: Jeffrey R. Smith BOARD OF COUNTY COMMISSIONERS Clerk of Court and Comptroller INDIAN RIVER COUNTY By: By: Deputy Clerk Approved as to form and legal sufficiency Bob Solari, Chairman BCC Approved: Approved: William K. DeBraal Jason E. Brown Deputy County Attorney County Administrator Page 3 of 3 20 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM gD CONSENT TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director FROM: Andy Sobczak, Infrastructure Project Manager SUBJECT: Work Order No. 9, MBV Engineering, Inc. Jackie Robinson Training Complex (FKA Historic Dodgertown) 1st and 3rd Base Concession Stands, IRC -1907 DATE: May 1, 2019 DESCRIPTION AND CONDITIONS On December 18, 2018, the Board of County Commissioners approved an amended and restated lease agreement with Major League Baseball (MLB) for the Jackie Robinson Training Complex (FKA Historic Dodgertown). This lease replaces the current lease between the County and Verotown LLC that expired on April 30, 2019. As part of this lease agreement, the County is responsible for certain up -front deferred maintenance improvements including replacement of the 1st and 3rd base concession stands at Holman Stadium. These concession stands are not currently in use due to their condition, which includes significant building damage and deterioration. Since the condition of the buildings is past the point of reasonable remediation, the best course of action is to demolish the existing structures and replace them with new structures. On April 17, 2018, the Board of County Commissioners approved the Continuing Consulting Engineering Service Agreement for Professional Services with MBV Engineering, Inc. The purpose of Work Order No. 9 is to provide design, permitting, bidding and construction phase services to demolish and re -build the 1st and 3rd base concession stands that will accommodate the types of concessions historically served at these stands. Work Order No. 9 is for a total lump sum amount of $78,750.00. FUNDING Funding in the amount of $78,750.00 is budgeted and available from Optional Sales Tax/Jackie Robinson Training Complex/Account No. 31522019-066510-17003. RECOMMENDATION Staff recommends approval of Work Order No. 9 to MBV Engineering, Inc. authorizing the professional services as outlined in the Scope of Work and authorize the Chairman to execute Work Order No. 9 on their behalf for a lump sum amount of $78,750.00. ATTACHMENTS MBV Engineering, Inc. Work Order No. 9 APPROVED AGENDA ITEM FOR MAY 14, 2019 F:\Public Works \ENGINEERING DIVISION PROJECTS\1907 Dodgertown 1st and 3rd Base ConsessionsConstProject\1-Admin\Agenda Items \WorkOrders\IRC-1907_BCC_StaffReport_WO#9_201905o1.doc WORK ORDER 9 IRC -1907 Dodgertown 1St and 3rd Base Concession Stands This Work Order Number 9 is entered into as of this day of , 2019, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and MBV Engineering, Inc: ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), 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 B (Fee Schedule), 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 C (Time Schedule), 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: MBV Engineering, Inc. By: Title: Vice President Bv: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Bob Solari, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Approved: Approved as to form and legal sufficiency: Deputy Clerk Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney 22 EXHIBIT A - SCOPE OF WORK It is our understanding that the COUNTY intends to demolish and re -build the 1St and 3rd base concession stands at Holman Stadium located inside the Historic Dodgertown complex at 3901 26th Street, Vero Beach. The proposed improvements will consist of demolishing the two existing concession buildings, including their slabs (building and front porch slab) and roof overhangs. The new buildings will be constructed in accordance with the latest building regulations and provide for the same concession services as the previous buildings. Both locations will require various site improvements as part of the re -construction. The Consultant will utilize the existing site-specific topographic survey prepared and provided to Consultant by Indian River County as the base for the existing conditions for the area to receive the improvements. It is understood that this survey will be provided to Consultant in AutoCAD format to be utilized and relied upon for design. The proposed improvements will also require utility locate services, architectural design services, MEP and structural design services, civil design services inclusive of project oversight, permitting and CA services by each design professional. As such, Donadio & Associates, Architects, P.A. will be retained by MBV Engineering, Inc. to provide the necessary architectural design and MEP services, Bloodhound for the utility locating services and KSM Engineering for the geotechnical services. MBV Engineering, Inc. will provide the necessary project oversight and coordination. A description for each service is provided below in further detail. Task 1- Architectural Design Services a. Perform field measuring of the existing Concession Stands and from this field information the Architect will develop an "As -Built" CAD floor plan drawing for each building. b. Schematic Design Phase The Architect shall assist the Owner in establishing the program and ascertain the requirements of the project and shall arrive at a mutual understanding of such requirements with the Owner. Based on this understanding the Architect shall prepare Schematic Design Documents consisting of drawings, outline specifications, and a Schematic Design cost estimate. c. Design Development Phase Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the project as to Architectural, Structural, Mechanical and Electrical systems, materials and such other elements as may be appropriate. d. Construction Documents Phase Based on the approved Design Development Documents and any further adjustments in the scope or quality of the project, or in the construction budget authorized by the Owner, the 23 Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project, along with 90% Construction Document cost estimate. Task 2 - Mechanical, Electrical and Plumbing (MEP) Design Services Coordinate with Client to establish design criteria for heating, ventilation and air conditioning (HVAC), electrical and Plumbing. a. Coordinate with Client to establish design criteria for heating, ventilation and air conditioning (HVAC), electrical and Plumbing. b. Construction documents and specifications for HVAC, electrical and Plumbing which include but are not limited to floor plans, schedules, risers, panels, details, etc. c. Three (3) sets of signed and sealed permit documents. Additional sets to be billed as reimbursables. d. State of Florida energy calculation. e. Two (2) coordination meetings. f. Responding to Building Permit review comments. g. Attendance at Pre -Bid Meeting and Pre -Construction Meeting. h. Shop Drawing review of Mechanical and Electrical items, Request for Information and any other items as defined below for Construction Administration Services. i. Grease traps design not included in scope of work. j. Kitchen equipment designed by others. k. Fire Sprinkler/Fire Alarm Design not included in scope of work. Generator Design not included in scope of work. m. All Mechanical Equipment tie -down, strapping and anchoring methods are provided by others. n. Assumes adequate Electrical power available. o. Hood not required in scope of work. p. No A/C for both concession buildings. Task 3 - Structural Design Services a. Coordination with Donadio & Associates, P.A. b. Establish structural design criteria. c. Review of soil investigative reports for project structural design. d. Design and preparation of the following: Foundation plans and sections based on a conventional shallow foundation system. ii. Roof framing plan and sections. iii. Wind design pressures. e. Structural specifications in short format on plans. f. Structural Sections, Roof Framing Plans, Details and Specifications. g. Preparation of Documents for Building Permit Submittal. h. Responding to Building Permit review comments. 24 Task 4 - Civil Design Services a. Construction Plans Design and Development The Consultant will prepare 24" x 36" design drawings signed & sealed, for the above described improvements. The design drawings will include Existing Conditions Plan, Demolition and Erosion Control Plan, Site Plan, Paving, Grading and Drainage Plan, Utility Plan, and applicable details sheets. The plans package will also include the necessary design calculations as applicable and various subconsultants' documents, details, or plans as needed. b. Construction Cost Estimates Consultant shall work with Architect and develop Cost Estimates for the project at the Schematic Design (30%) and Construction Documents (90%) phases. c. Project Oversight The Consultant will provide project oversight and coordinate with project sub -consultants, IRC and other parties as needed through the duration of the project. Task 5 - Geotechnical Testing Services The Consultant will coordinate with the Geotechnical Company on the following scope: a. Perform four (4) soil borings, two (2) per building), to a depth of 10' to 14' in accordance with ASTM Standards and as described in ASTM D1586, known as the Standard Penetration Test (SPT). b. Provide a report covering the investigation, including the boring logs of the soil classification, thickness of each layer, number of blows per foot (N Value), groundwater depths, recommendations for site preparation and the allowable bearing capacity of the soil. Task 6 - Utility Locating Services (Horizontal and Vertical) The Consultant will coordinate with the Utility Locating Company on the following scope: a. The following work is being performed to Quality Level B standards in accordance with CI/ASCE 38-02. b. Client has requested an estimate to horizontally and vertically locate detectable underground utilities within a 20' radius of each of the two concession stands as shown on the provided images. Task includes locating the lines feeding the buildings as well as any utilities that may be by-passing within the general limits stated. Also, to include an area across the street from the First Base concession stand as shown on the attached. A BHUG generated image is attached for reference. If incorrect please advise. c. A print or image was provided to review to assist with the estimate. However, a meet on site would be recommended to confirm the locate area and assist with access. d. EM and Real -Time GPR Locating equipment will both be utilized to locate and mark any detectable underground utilities. A not to scale digital field sketch will be provided of our discoveries for surveying purposes. We will also provide pictures and the raw GPR data for review. e. Estimate does not include any surveying services. 25 f. Customer is advised the horizontal portion of this estimate is based on a 2 -hour minimum with a not to exceed limit. Any additional time required on site to complete the task beyond the 2 - hour minimum will be invoiced in 15 -minute increments @ $45 per increment, not to exceed 8 hours. A mobilization fee is required. g. Customer is advised that Blood Hound utilizes water-based paint and flags to identify any discoveries onsite. If this is an issue, Blood Hound must be made aware of this when scheduling. All discoveries will be painted and flagged for surveying purposes. h. All findings will be marked according to APWA standard. Any available as -built, engineered or other record drawings, if available, should be supplied to BHUG prior to commencement of field work. j. BHUG is not responsible for, moved, altered, obliterated or maintaining marks. BHUG will impose an additional fee to relocated / remark facilities. k. The performance of BHUG's services is limited to full and unobstructed access to include but not limited to: mechanical rooms, manholes, hand holes, vaults, meter rooms, telecom rooms, fixtures (plumbing, electrical, communication), dispensers, fenced compounds, tanks and structures. Full cooperation from the on-site personnel is necessary to perform a complete survey. I. Results are dependent upon field conditions at the time of locating services. It may be necessary to have parked vehicles or machinery moved to allow for a full scan and to access structures. m. CUSTOMER IS ADVISED THAT LIMITATIONS EXIST IN LOCATING PLASTIC MATERIALS WITHOUT TRACEABLE WIRES ATTACHED. n. The following work is being performed to Quality Level A standards in accordance with CI/ASCE 38-02. o. During subsequent mobilizations Vacuum Excavation will be utilized to provide the precise horizontal and vertical position of specific utilities within the specified areas to be determined by the engineer of record. P. Test hole data forms will be provided with pertinent information to include size, function, depth, material (of pipes if known) and provide the precise horizontal and vertical position of any discoveries. Offsets will be provided to existing above ground features as well and all discoveries will be painted and flagged with all verification's staked with a semi-permanent marker for surveying purposes. A digital field sketch will be provided along with pictures of the areas in question. q. Customer is advised the vertical portion of this estimate is based on a per hole fee. For estimating and budgetary purposes and based on provided images, it is assumed that up to sixteen (16) soft surface test holes may be required however only completed test holes will be invoiced. A mobilization fee is required. (if second day of MOB is not required it will not be invoiced). r. Customer understands any fees required for permits and MOT services are not provided and included in this estimate and none are anticipated. s. Cavities will be refilled with dry, native spoils (compacted in 6" lifts). t. Estimate does not include any final restoration such as hot mix asphalt, milling / resurfacing or special back fill requirements (flowable fill.) If final restoration is required by end client, city, state, or any other entity, that restoration will be the responsibility of the client. Blood Hound does not perform final concrete or asphalt surfacing. BHUG will not perform any excavations thru sidewalk without prior permission. Test holes performed under the roadway will be repaired with an asphalt cold patch and any concrete surfaces will be repaired with a 26 Quikrete type product. I.% All Survey work will be completed by others. Task 7 - Permitting Services The Consultant will prepare the following permit applications and associated submittals for the following agencies: a. City of Vero Beach Minor Site Plan Approval (assumes staff level approval). b. St. Johns River Water Management District Exemption Request Letter. c. Indian River Farms Water Control District Exemption Request Letter. d. City of Vero Beach Utility Approval (Water & Sewer). e. Indian River County Fire Department Approval. f. Indian River County Building Division Permit (Architect). This Work Order does not include stormwater modeling, permitting (other than the above Exemption request Letters), wetlands permitting, other ecological permitting or attendance and document preparation for Planning & Zoning or City Council meetings. It also does not include FDEP Water and Sewer permitting as it is understood that the buildings will be reconnected to the existing utility systems. The Consultant shall respond to request for additional information by the permitting agencies. The COUNTY will be responsible for the above listed permit fees and the Consultant will prepare all necessary applications and provide to COUNTY for signatures. Task 8 - County Review Meetings The Consultant will coordinate with the COUNTY staff during design development and conduct reviews at 30, 60 and 90 percent completion phases. COUNTY shall provide review comments to Consultant in order for Consultant to be able to incorporate into the design plans package. Task 9 - Bidding Phase The COUNTY shall be responsible for providing the front-end bid documents, setting the bid opening date, advertisement of the bid, scheduling the pre-bid meeting, and scheduling the bid opening. The Consultant will provide the following: a. Preparation of Division Specifications for buildings. b. Civil and Structural Plan Documents for Bidding (Civil and structural specifications to be provided on plans). c. Electronic files (pdf format) of the final bid package for the COUNTY's use in distribution to prospective bidders via Demandstar. d. Attendance at Pre -Bid Meeting (A representative from each discipline shall attend meeting). e. Development of Addendum to Responses to RFI comments. f. Assist COUNTY in review of bids and provide recommendation for GC selection. 27 Task 10 - Construction Phase The Consultant will provide the following scope of services during the construction phase: a. Architecture Shop Drawing review of Architectural items ii. Response to Request for Information Review of Contractor's Applications for Payment iv. Review of Change Order and decisions on any claims or disputes v. (8) visits during construction vi. Punchlist walk-thru with Client and Contractor to determine general conformity with approved plans and specifications b. MEP Shop Drawing review of MEP items ii. Response to Request for Information c. Structural Shop Drawing review of Structural items ii. Response to Request for Information (6) visits during construction, (3) per building d. Civil Attendance at one Pre -Construction meeting ii. Shop Drawing review of Civil items iii. Response to Requests for Information iv. Attendance at (6) Construction Meetings v. Coordination with GC, IRC and design team during construction process vi. Development and submittal of Certification documents to agencies as required DELIVERABLES The Consultant shall provide the COUNTY with the following: • Eight (8) hard copies 24" x 36" formats of the plans • One (1) electronic version of the plans in pdf format • Technical responses for questions generated during the project's bid period. • Building Specifications (IRC to provide Front End Specifications) 28 EXHIBIT B - FEE SCHEDULE The COUNTY agrees to pay and the Consultant agrees to accept for services rendered, pursuant to this Agreement, fees inclusive of expenses in accordance with the following: Task Fee Building Field Measurements $ 2,000 Architectural Design Services $ 15,250 MEP Design Services $ 4,000 Structural Design Services $ 6,300 Civil Design Services $ 15,500 Geotechnical Testing Services $ 1,175 Utility Locating Services $ 6,475 Permitting Services $ 8,000 County Review Meetings $ 750 Bidding Phase $ 2,500 Construction Phase Architectural $ 4,750 MEP $ 750 Structural $ 3,800 Civil $ 7,500 Total $ 78,750 ADDITIONAL SERVICES When required by the COUNTY or the Contract Documents, where circumstances exist beyond the Consultant's control, Consultant shall provide or obtain from others, as circumstances required, those additional services not listed as part of the Work Order, the Consultant shall notify the COUNTY promptly prior to commencing said Additional Services, and if agreed upon, will be paid for by County in accordance with the Master Agreement, Professionals and vendor intended to provide additional services shall first be approved by the COUNTY, in writing, by the COUNTY's Project Manager. The COUNTY has selected the Consultant to perform the professional services set forth on this Work Order. The professional services will be performed by the Consultant for the fee schedule set forth in this Work Order. The Consultant will perform the professional services within the timeframe more particularly set forth in this Work Order 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. 29 EXHIBIT C - SCHEDULE Upon authorization to proceed by the COUNTY, the above described services will be provided based on the following schedule: • Permit -ready Design Plans 60 days from receipt of Survey • Final Plans and Permits 60 days from Permit Submission 30 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director FROM: Andy Sobczak, Infrastructure Project Manager SUBJECT: Grant of Easement to Florida Power and Light (FPL) on 43rd Avenue for 43rd Avenue Waterway Village Improvements, IRC -1717 DATE: May 2, 2019 DESCRIPTION AND CONDITIONS As part of the Waterway Village Developers Agreement with Indian River County, improvements at the intersection of 43rd Avenue and 49th Street are currently under construction by the Developer. These improvements include widening the intersection, installation of mast arm traffic signals and improved access to the Victor Hart Sr. Community Enhancement Complex. Located along 43rd Avenue within the scope of the new improvements is an existing Florida Power and Light (FPL) power pole. In order for FPL to relocate this power pole outside of the improvements, an easement to FPL is required. The sketch and legal description for the ground and aerial easements is included with, and made part of the Easement. FUNDING The only cost associated with this request is the recording fee for the Easement in the amount of $27.70 available in Account No. 10921441-033190/Secondary Roads/Other Professional Services. RECOMMENDATION Staff recommends the Board of County Commissioners approve the Easement to FPL and authorize the Chairman to execute same for recordation in the Public Records of Indian River County, Florida. ATTACHMENTS Easement APPROVED AGENDA ITEM FOR MAY 14, 2019 31 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF a\@BCL@F80D9A40\@BCL@F8OD9A40.doc Work Request No. 8506199 Sec.21, Twp 32 S, Rge 39 E Parcel I.D. 3239210001009000001.1 (Maintained by County Appraiser) EASEMENT (BUSINESS) This Instrument Prepared By Name: Co. Name: Indian River County Address: 1801 27th Street Vero Beach FL 32960 The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its affiliates, licensees, agents, successors, and assigns ("FPL"), a non-exclusive easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage as well as the size of, and remove such facilities or any of them within an easement described as follows: See Exhibit "A" ("Easement Area") Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable and conduit within the Easement Area and to operate the same for communications purposes; the right of ingress and egress to the Easement Area at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the Easement Area; the right to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the Easement Area, which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the Easement Area heretofore described, over, along, under and across the roads, streets or highways adjoining or through said Easement Area. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on , 20_. Signed, sealed and delivered in the presence of: Print Name: (Witness' Signature) (Witness) (VVitness Signature) Print Name: (Witness) Indian River County, a political subdivision of the State of Honda By: Print Name: Bob Solari, Chairman Print Address: 1801 27th Street Vero Beach, FL 32960 STATE OF Florida AND COUNTY OF Indian River . The foregoing instrument was acknowledged before me this day of , 20_, by Bob Solari the Chairman of the Board of County Commissioners of• Indian River County a Political Subdivision , who is personally known to me or has produced as identification, and who did (did not) take an oath. (Type of Identification) My Commission Expires: Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: William K DeBraal Deputy County Attorney Notary Public, Signature Print Name 32 P.O.C. NORTHEAST CORNER OF THE SE 1/4 OF SECTION 21-32-39 LINDSEY ROAD (49th STREET) (80' PUBLIC RIGHT OF WAY tSOUTH LINE OF THE NE 1 /4, SEC. 21, TWP. 32 S, RNG. 39 E LINE TABLE LINE # BEARING DISTANCE L1 S00' 11' 02"W 10.00' L2 N89' 48' 58"W 22.00' L3 N00' 11' 02"E 10.00' L4 S89' 48' 58"E 22.00' L5 S00' 11' 02"W 10.00' L6 N89' 48' 58"W 13.00' L7 N00' 11' 02"E 10.00' L8 S89' 48' 58"E 13.00' WEST RIGHT OF WAY LINE OF -� 43rd AVENUE P.O.B. EAST LINE OF /SECTION 21 N N N LJ D ill Z CD GROUND > L8 EASEMENT - Q ri L � J LC) rn Im L6 N894858"w 0 47.00' FPL GROUND EASEMENT DETAIL WEST RIGHT OF WAY LINE OF 43rd AVENUE 21 22 EAST LINE OF SECTION 21 N89 48 58"W 25.00' P.O.B. AERIAL EASEMENT L3 L4 SEC. 21, TWP. 32 S., RNG. 39 E. w s 01.51110' 21 22 GRAPHIC SCALE SURVEYORS NOTES 2 FPL GROUND EASEMENT (SEE DETAIL) BAS/5 OF BEAR/NGS N N LJ =w >0 r) r rn r7 '— CO 0 1. THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2. THE BEARING BASE FOR THIS SKETCH REFERENCES THE EAST LINE OF THE SE 1/4 OF SECTION 21-32-39. SAID LINE BEARS SOUTH 0011'02" WEST. 3. THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. LEGEND P.O.C. P.O.B. SEC. TWP. RNG. ORB P.S.M. RIGHT OF WAY LINE PROPERTY LINE EASEMENT LINE POINT OF COMMENCEMENT POINT OF BEGINNING SECTION TOWNSHIP RANGE OFFICIAL RECORDS BOOK PROFESSIONAL SURVEYOR AND MAPPER SHEET NUMBER 0 o o � PROJECT N0. 047897035 This certifles that a legal description and sketch of the property shown hereon was made under my supervision and that this legal description and sketch meets the standards of practice set forth by the Florida Board of Professional Surveyors and Mappers In Chapter 5J-17, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes, and that this drawing is a true and accurate representation thereof to the best of my knowledge and belief. Subject to notes and notations shown hereon. E.C. DEMETER, P.S.M. NO. 5179 DATE: 0 a a 0 W Drawing name: K:\VRB_Survey\047897015 WATERWAY\CADD\43rd Ave FPL Esmts\FPL Easement — 43rd Avenue.dwg FPL EASEMENT 43rd — WATERWAY VILLAGE — 01 Apr 11. 2019 9:10am by. domenia.durr 33 LEGAL DESCRIPTION AERIAL EASEMENT: SEC. 21, TWP. 32 S., RNG. 39 E. A PORTION OF TRACT 9, SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER FARMS COMPANY SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE 25, ST. LUCIE COUNTY, FLORIDA PUBLIC RECORDS, NOW LYING WITHIN INDIAN RIVER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SE 1/4 OF SAID SECTION 21. THENCE, ALONG THE EAST LINE OF SAID SECTION 21, BEARING SOUTH 00°11'02" WEST, A DISTANCE OF 207.46 FEET TO A POINT. THENCE, LEAVING SAID EAST LINE OF SECTION 21, BEARING NORTH 89°48'58" WEST, A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING ON THE WEST RIGHT OF WAY LINE OF 43rd AVENUE; THENCE, ALONG SAID WEST RIGHT OF WAY LINE, BEARING SOUTH 00°11'02" WEST, A DISTANCE OF 10.00 FEET TO A POINT; THENCE, LEAVING SAID WEST RIGHT OF WAY LINE, BEARING NORTH 89°48'58" WEST, A DISTANCE OF 22.00 FEET TO A POINT; THENCE, BEARING NORTH 00°11'02" EAST, A DISTANCE OF 10.00 FEET TO A POINT; THENCE, BEARING SOUTH 89°48'58" EAST, A DISTANCE OF 22.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 220 SQUARE FEET, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. LEGAL DESCRIPTION GROUND EASEMENT: A PORTION OF TRACT 9, SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER FARMS COMPANY SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE 25, ST. LUCIE COUNTY, FLORIDA PUBLIC RECORDS, NOW LYING WITHIN INDIAN RIVER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SE 1/4 OF SAID SECTION 21. THENCE, ALONG THE EAST LINE OF SAID SECTION 21, BEARING SOUTH 00°11'02" WEST, A DISTANCE OF 207.46 FEET TO A POINT. THENCE, LEAVING SAID EAST LINE OF SECTION 21, BEARING NORTH 89°48'58" WEST, A DISTANCE OF 47.00 FEET TO THE POINT OF BEGINNING; THENCE, BEARING SOUTH 00°11'02" WEST, A DISTANCE OF 10.00 FEET TOA POINT; THENCE, BEARING NORTH 89°48'58" WEST, A DISTANCE OF 13.00 FEET TO A POINT; THENCE, BEARING NORTH 00°11'02" EAST, A DISTANCE OF 10.00 FEET TOA POINT; THENCE, BEARING SOUTH 89°48'58" EAST, A DISTANCE OF 13.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 130 SQUARE FEET, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. SHEET NUMBER y-' 0 N Z W� 2Z Lu W QQ W -a J co o LL PROJECT N0. 047897035 csflg mr = N a20 >ft0 g;. PEEw 0,`,4,E wont 0 z z a 0 m e O m 5 W Drawing name: K:\VR8_Survey\047897015 WATERWAY\GADO\43rd Ave FPL Esmts\FPL Easement — 43rd Avenue.dwg FPL EASEMENT 43rd — WATERWAY VILLAGE — 02 Apr 11, 2019 9:10am by. domentcdurr 34 INDIAN RIVER COUNTY MEMORANDUM vr CONSENT ITEM TO: Jason E. Brown County Administrator THROUGH: Stan Boling, AICP Community Development Director FROM: Roland M. DeBlois, AICP Chief, Environmental Planning DATE: May 6, 2019 RE: Approval of Release of Retainage and Final Payment under a Contract Agreement with Indian River Docks, LLC for Archie Smith Fish House Dock Restoration It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of May 14, 2019. DESCRIPTION AND CONDITIONS On June 19, 2018, the County entered into a construction agreement with Indian River Docks, LLC, for dock restoration at the Archie Smith Fish House at 1740 N. Indian River Drive (see Attachment 1). Under the construction agreement, the cost estimate for reconstruction/restoration of the dock and an associated deck was $186, 925.00. On December 18, 2018, the Board approved a change order increasing that contract amount by $19,178.90, for a revised total cost of $206,103.90 (see Attachment 2). For this project, the County ultimately received $21,787.04 from a Florida Inland Navigation District (FIND) cost -share grant based on completion of initial project improvements. At this time, the dock restoration has been completed. To that end, staff is requesting that the Board approve final payment to Indian River Docks, LLC, including release of approximately 10% of the project cost ($20,610.30) that has been retained pending completion of the project. ANALYSIS The project has been inspected and approved by the Sebastian Building Department and by County Environmental Planning and Parks staff. To date, the County has paid $174,422.99 to Indian River Docks, LLC for the dock restoration work. The final amount to be paid to close out the project, including release of retainage, is $31,680.91. 1 35 FUNDING Funding for this project has been budgeted in the Florida Boating Improvement Fund/Parks/Archie Smith Fish House Restoration Account number 13321072-066510-14004. The Florida Boating Improvement Fund is the funding source for the County's expenditure. Sufficient funds are allocated for the project to cover the $31,680.91 final payment cost. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve release of retainage and authorize staff to make final payment to Indian River Docks, LLC for the Archie Smith Fish House dock restoration project. ATTACHMENTS: 1. Construction Agreement with Indian River Docks, LLC 2. Change Order No. 1 approved by BCC 12/18/18 3. Invoice for Final Payment 2 C:\Users\Iegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@380E5571\@BCL@380E5571.doc 36 Archie Smfth FH 2018056 Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTYa Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and lndian River Docks, LLC (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as foliows; ARTICLE 1 - WORK 1.1 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: o Restoration and modification of existing wood pier, including electrical and fire protection work, using synthetic replacement decking and stainless steel connectors • Removal ofcertain deteriorated submerged pilings • Removal of concrete deck arid replace with wood deck east of ce house • The applicant is also responsible for obtaining Florida Department of Environmental Protection (FDEP) and Army Corps of Engineers (ACOE) permits, as necessary, for the work. ARTICLE 2 - THE PROJECT 2]01 The Project for which the Worunder the Contract Documents may be the whole or only a part is generaily described as foflows: Project Name: RFP Number: Archie Smith Fish House Dock Restoration 2018056 Project Address: 1740 N. Indian River DriveSebastian, FL ARTICLE 3—TERM AND CONTRACT TIMES 3.1 Tenn:.This Agreement shall remain in effect for a term of one (1) year, unless otherwise soonerterminated by mutual consent of the parties. 3.2 Time oƒCompletion: Project shall becompleted, toinclude approval uythe uui|d|n� Division 180 days from receipt of the Notice to Proceed. ARTICLE 4 - CONTRACT PRICE 4.1 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 4.01.8, below: A. For aU Work, at the prices stated in CONTRACTOR's Proposal, attached hereto as an exhibit. P. THE CONTRACT SUM subject to additions nd deductions provided iri the Contractract Documents: Page 17 of 25 37 Numerical Amount: $186,925.00 Written Amount: One hundred, eigh ARTICLE 5 — PAYMENT PROCEDURES 5.01 Progress Payments. Archie Smith FM 2018056 y -six thousand, nine hundred, twenty-five dollars and zero cents A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et..seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Bid and Specification 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. 5.02 Pay Requests. A. Each request for a progress 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 (S0%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 5.03 Paragraphs 5.01 and 5.02 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. Page 18 of 25 38 Archie Smith FH 2018056 S.04 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 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 The 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 attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful misconduct of the CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.1 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 Request for Proposal 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 obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions Page 19 of 25 39 Archie Smith FH 2018056 (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 8.1 Contents A. The Contract Documents consist of the following: (1) This Agreement (pages 1 to 6 inclusive); (2) Notice to Proceed (3) Public Construction Bond (pages 1 to 1 , inclusive); (4) Certificate of Liability Insurance (5) Invitation to Bid 2018056 (6) Addenda (numbers 1. to 3 , inclusive); (7) CONTRACTOR'S Bid Form (pages 11 to 11); (8) Bid Bond; (9) Drug Free Workplace Form (pages 12 to12); (10) Affidavit of Compliance (page 13); (11)Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 14 to 15, inclusive); Page 19 of 25 40 Archie Smith FH 2018056 (12)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 9.1 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.2 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement 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 theeffect 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. 9.3 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. 9.4 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. 9.5 Venue A. This Agreement 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 Agreement 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. 9.6 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: Page 20 of 25 41 Archie Smith FH 2018056 (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of PubIc Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time ata cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by be (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 for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion ofthe contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. tf the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 pub|icrecordsPircgov.corn Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. Page 21 of 25 42 Archie Smth FH I018056 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 June 19 , 2018 (the date the Contract is approved by the Indian River County Board of CountyComrnissioners, which is the Effective Date ofthe Agreement) OWNER: INDIAN RIVER COUNTY By: By: ason n, County Administrator CONTRACTOR: ^.„���~�~ `^ �;�r'~'~ 1ap.' ' .1, tZ) . ...'6\ 'u'. -.� .��� .��: �^, �^-� (CORPORATE SEAL :0` cIs ��'. `� •~, • `^ N»mr,.0 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: I .Dylan Reingold, County Attorney ATTEST: Jeffrey R. Srnith, Clerk of Court and Comptroller BY: Deputy Clerk (SEAL) Address for giving notices: Agent for service of process: Designated Representative: DesignatedRepreantative: Name: Roland DeBlois Name: Title: Chief, Environmental Planning and Code Title: Enforcement Address: l0Jl27mStreet, Vero Beach, FL 32960 Address: Phone: (772) 226-1258 EmnU:/deNois2i/cpovznm Phone: Email: Page 22 of 25 (I CONTRACTOR is a corperation or partnership, Attach evidence of authorityto sign.) 43 Change Order Form No. 1 DATE OF ISSUANCE: 12/18/2018 EFFECTIVE DATE: 12/18/2018 OWNER: Indian River County CONTRACTOR: Indian River Docks, LLC Bid No.: 2018056 Project: ARCHIE SMITH FISH HOUSE DOCK RESTORATION OWNER's Proj. # IR -15-62 This Change Order authorizes the following changes in the Contract Documents for the Archie Smith Fish House Dock Restoration Construction Agreement: Description: Change Order No.1 is for modifications to the scope of work. Reason for Change Order: • Synthetic decking and stainless steel hardware requested for dock and deck rather than wood and galvanized hardware for an increase of $16,195.40 • Additional piles required replacement, concrete removal and dock extension near old residence needed for an increase of $2,983.50 I CHANGE IN CONTRACT PRICE: _ APPROVE.,. By: _r , Description Amount Original Contract Price $186,925.00 Net Increase of this Change Order: $19,178.90 Contract Price with all approved Change Orders: $206,103.90 ACCEPT . / APPROVE.,. By: _r , By f,11 i CONTRACTOR ignature) I Date: /2N - / 3 -/ Gc OWNER (Sign:ture) Date: Appro -d ey the BCC 12/18/2018 APPROVED AS TO FORM AND LEGAL SUFFICIEN SY DYLAN REINGOLD OtabiNTY ATTORNEY 44 00942 - 1 C:\Users\roland\Desktop\iR Docks ASFH Bid 2018056 Change Order 1.doc !tAIA Document G702TtA -1992 Application and Certificate for Payment TO OWNER: Indian River County 1801 27th Street Vero Beach FL 32960 FROM CONTRACTOR: Indian River Docks LLC 481 Avocado AV Sebastian FL 32958 PROJECT: Archie Smith Fish House Restor 1740 Indian River Drive VIA ARCHITECT: Atelier 2709 S.MacDill AV Tampa FL 33602 APPLICATION. NO: 001 PERIOD TO: April 30, 2019 CONTRACT FOR: Archie Smith CONTRACT DATE: PROJECT NOS: 2108056 t Distribution to: OWNER 0 ARCHITECT 0 CONTRACTOR 0 FiELD 0 OTHER 0 CONTRACTOR'S APPLICATION FOR PAYMENT Application is made for payment. as Shown below, in connection with the Contract. AIA Document G7OJTM. Continuation Sheet, is attached. 1. ORIGINAL CONTRACT SUM $ 2. NET CHANGE BY CHANGE ORDERS $ 3. CONTRACT SUM TO DATE (Line I ± 1) $ 4. TOTAL COMPLETED & STORED TO DATE (Column G on G703) $ 5. RETAINAGE: a. 10 % of Completed Work (C:oltunns 1) + E on G703) $ 186925.00 19178.90 20610190 206103.90 b. % of Stored Material (Column F on G 703) $ Total Retainage (Lines 5a + 5h, or Total in Column / of G703) $ 6. TOTAL EARNED.LESS RETAINAGE 5206103.90 (Line d minus Line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT $ 174422.99 (Line 6 from prior Certificate) 8. CURRENT PAYMENT DUE 9. BALANCE TO FINISH, INCLUDING RETAINAGE (Line 3 minus Lire 6) $ 5 31680.91 CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS Total changes approved in previous months by Owner $ 19178.90 $ Total approved this month $ 0.00 $ . TOTAL $ 19178.90 $ NET CHANGES by Change Order $ 19178.90 The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner. and that current payment show erein is now due. CONTR ' .C_0 By: f/ Sta . 1 elci County of: T., d. c,., K t`Vp Subscribed and sworn to before me this day of A -P apYPIM,. Notnry Public: r L 3, (. ' y4' -• `k My commission expires: 1 Date: "/"'/? Y-7/7 7 DP04 M. 8194. Montt GG 190879 - 28,2022 1twee Swi5eMces Dep ARCHITECT'S CERTIFICATE FOR PAYMENT In accordance with the Contract Documents, based on on-site observatiohs and the data comprising this application. the Architect certifies to the Owner that to the best of the Architect's knowledge, information and belief the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contract or is entitled to payment of the AMOUNT CERTIFIED. AMOUNT CERTIFIED $ 31, a VI 9 D (Attach explanation if amount certified differs from the amount applied. Initial all figures on this Application and on the Continuation Sheet drat are changedtoconform with the amount certified) AReHIFECC PRDT.+7Z- Bv: Date: Srloller This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor named herein. issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. AIA Document G702i10 — 1992. Copyright ® 1953, 1963, 1965, 197i, 1978, 1983 and 1992 by The American Institute of Architects. Alt rights reserved, WARNING: This AlA"' Document Is protected by U.S. Copyri ht Law and International Treaties. Unauthorized reproduction or distribution of this AIA'''Document, or any portion of 1t, may result in severe civil and criminal penalties, and will be prosecuted to the maximum e4[5t possible under the law. This document was created on 10104/2018.08:29:27 under the terms of AIA Documents•on-Oemendr. order no. 2010069708 , end is not for resale. This document is licensed by the American Institute of Architects for one-time use only, end may not be reproduced prior to its completion. INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services BG CONSENT AGENDA BCC Meeting 05-14-2019 Date: To: May 1, 2019 The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Thru: Michael C. Zito, Assistant County Administrator From: Tracey L. Wehking, Director of Library Services Subject: Indian River County Library System Policies and Procedures Manual BACKGROUND: The Indian River County Library System Policies and Procedure Manual for the library system was originally approved by the Board on July 16, 1991. The audience for this Manual is library system staff and volunteers. New employees and volunteers are acquainted with this Manual through their supervisors. Since inception of the Policies and Procedures Manual in 1991, there have been recommended changes presented to and approved by the Board of County Commission. The Main Library's hours of service adding Sundays was approved by the Board in November, 1995 and implemented in February, 1996. The addition of the Computer Usage Policy was approved by the Board on May 12, 1998. The change in the Meeting Room rental fees was approved by the Board on May 21, 2002. Other approved changes have taken place including updated fee schedules in 2013 and a 3D printer policy on May 17, 2016. In addition to these approved changes, service branches have expanded to include a total of five locations. Additional services to the public have been added and usage policies have been adjusted to allow greater access for patrons. The updated Policy Manual consolidates the aforementioned policies and procedures and contains additional services. FUNDING: No funding is required for the subject task. RECOMMENDATION: Staff respectfully requests that the Board of County Commissioners approve the updated Library System Policies and Procedures Manual effective immediately. ATTACHEMENTS: Updated Indian River County Library System Policies and Procedures Manual. APPROVED AGENDA ITEM FOR MAY 14, 2019 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@980D6C 18\@BCL@980D6C 18.doc 46 Indian River County Library System Policies & Procedures Table of Contents Section I Policies Introduction 1 General Principles 1 Mission. Statement 2 Personnel Matters & Emergency Procedures 3 Hours of Service 3 Friends of the Library 4 Literacy Services 6 Volunteers 6 Material Selection 7 Registration Matters 8 Circulation Matters 9 Failure to Return Library Property 10 Interlibrary Loans 10 Public Service Guidelines 11 Donations 11 Disputed Title 12 Request for Reconsideration of Materials 13 Rules of Behavior 15 Unattended or Disruptive Children 15 Use of Library Meeting Rooms 17 Bulletin Boards & Community Announcements 19 Exhibits 19 Liability Release Form 21 Computer Usage Policy, Disclaimer, & Electronic Resources Code of Conduct 22 3-D Printer Policy & Procedure 25 Meeting Room Contract Attachment A 27 47 Indian River County Library System Policies Section I Introduction For purposes of this manual, policy is defined as: written statements of decisions made to implement the goals and to achieve the objectives of the Indian River County Library System, in compliance with Indian River County policies. Procedures are defined as detailed specifics stating how policies shall be implemented. The importance of adopted policies is to provide consistency and direction for library services. Policies support the library system's plans, goals, and objectives; reduce uninformed decision making and crisis response to problem situations; assure fair treatment; and protect the rights of the library patrons and staff. The importance of specific procedures is also to provide consistency and direction as they apply to properly carrying out the adopted policies. The manual is designed so that it can be continuously updated. The policies in the manual comply with the requirements set forth in the Florida Statutes (Chapter 257), with the Administrative Code of Florida (Chapter 18-2), and with the First Amendment of the United States Constitution. Policies include these categories: management, services, registration/circulation, collection selection/development, and the use of library facilities by other groups. Since all situations that might arise at the library cannot be anticipated, this manual cannot serve as a finalized code. It is hoped that the guidelines provided in this manual will allow the staff to resolve situations that arise that are not treated directly here. General Principles of the Library System Purpose of the Library System Public libraries, through their service and facilities, contribute to the quality of life in the communities they serve. A public library system committed to excellence will assist in enhancing the quality of life for all of the residents of Indian River County. The mission of the Indian River County Library System is embodied in the Mission Statement (see Page 2). 48 Service Principle The users of the Indian River County Library System deserve the highest quality service possible in order to fulfill their educational, informational, cultural, and recreational needs. High quality library service is dependent upon the following factors: well - selected and well-maintained collections of library materials in adequate numbers to respond to user needs, the availability of qualified and enthusiastic personnel, convenient hours of service, inviting physical facilities that are accessible to all segments of the county, and financial resources to meet library needs of the residents of the county. The Indian River County Library System subscribes to the principles and statements included in the Library Bill of Rights (Appendix A) and the Freedom to Read Statement (Appendix B), in the latest versions, as adopted by the American Library Association (ALA). Standards The Indian River County Library System recognizes the importance of standards appropriate to public library service, which standards are developed by the American Library Association, the Florida Library Association (FLA), the State Library of Florida, and other similar organizations and agencies responsible for the development of standards. Unless otherwise accepted, the Indian River County Library System uses such standards as guidelines for the system. Mission Statement The mission of the Indian River County Library System is to provide the means by which people of all ages, interests, and circumstances may avail themselves of the recorded wisdom, experiences, and ideas of others. In support of this mission, library materials are assembled, organized, and made accessible to all. Opportunities for personal, educational, cultural, and recreational enrichment are offered. Collections of library materials, services, and programs are planned and developed to respond to individual and community needs. A trained and skilled staff and the latest technologies are employed to facilitate and enhance the use of the resources of the library system. By committing themselves to excellence in all facets of the library system's services and operations, the library administration, and staff, reaffirm the democratic ideals upon which the American public library is founded. 49 Personnel Matters and Emergency Procedures Job descriptions and other relevant personnel matters are available in the Indian River County Human Resources Department. Emergency procedures to be followed are: any staff member may call 911 in the event of an emergency, the person in charge should be notified immediately, use the emergency call list to alert other appropriate persons. All accidents should immediately be reported to Risk Management. An accident/incident report must be filled out and signed by the injured party (or responsible party) and by a library staff witness. All forms are available in the Administration office and public service desks. The non -emergency police number is posted at all desks. Hours of Service Indian River County Library System hours of service are subject to change with the availability of staff. Visit our web site: www.irclibrary.org Brackett Library Monday 9:00 a.m. — 5:00 p.m. Tuesday 12:00 p.m. — 8:00 p.m. Wednesday 12:00 p.m. — 8:00 p.m. Thursday 9:00 a. m. — 5:00 p.m. Friday 9:00 a.m. — 5:00 p.m. Saturday Closed Sunday Closed Gifford Library Tuesday 1:00 p.m. — 5:00 p.m. Wednesday 1:00 p.m. — 5:00 p.m. Thursday 1:00 p.m. — 5:00 p.m. Friday - Monday Closed Marion Fell Library Monday Closed Tuesday 1:00 p.m. — 5:00 p.m. Wednesday Closed 50 Thursday Friday — Sunday North Indian River County Library Monday Tuesday Wednesday Thursday Friday Saturday Sunday 1:00 p.m. — 5:00 p.m. Closed 10:00 a.m. — 8:00 p.m. 10:00 a.m. — 8:00 p.m. 10:00 a.m. — 8:00 p.m. 10:00 a.m. — 5:00 p.m. 10:00 a.m. — 5:00 p.m. 10:00 a.m. — 4:00 p.m. Closed Law Library—Located on the 2nd floor of the Main Library Indian River County Main Library Monday Tuesday Wednesday Thursday Friday Saturday Sunday 10:00 a.m. — 8:00 p.m. 10:00 a.m. — 5:00 p.m. 10:00 a.m. — 5:00 p.m. 10:00 a.m. — 8:00 p.m. 10:00 a.m. — 5:00 p.m. 10:00 a.m. — 4:00 p.m. 1:00 p.m. — 5:00 p.m. Friends of the Library The Friends serve as the support group for the libraries and are the lobbying arm of the libraries on the local, state, and federal government levels. The Friends may volunteer their services within the library and may raise funds for "special" projects (over and above county allocated funds). The Friends are a separate entity from the libraries with their own policies, procedures, and officers. Cooperation between the Friends and the libraries is essential. The Library Director serves as the liaison with the Friends organization. The Friends may have an office, used book store, and/or a gift shop in library facilities. These spaces are contracted and allotted to the Friends by Indian River County with any restrictions required by Indian River County. Library staff is not involved with these decisions. Internal organization of the Friends groups is not an Indian River County decision. The Friends establish their own procedures for their own operations. 51 Any problems that may arise concerning the allotted space or spaces, the use of, and/or the restrictions set by Indian River County shall be handled through the General Services Department, as the library facilities are county owned. Because of liability, accountability, and insurance factors, the Friends must request in writing permission to place items in the libraries. No action should be taken by the Friends before written permission is received. 52 Literacy Services of Indian River County Literacy is considered in the Florida Long Range Plan as a natural extension of library services to the public, stating that our mission is to provide library services to all segments of the population. On the national and state levels, literacy has become an integral part of public library services. LSCA (Library Services and Construction Act) funds were allocated to public libraries in Florida who requested and qualified for the funds to combine efforts with local literacy services to combat illiteracy in their communities. One of the requirements for receiving and expending these funds for the grant time period was to pick up the core of the service locally at the end of the funding (four years in Indian River County). To continue cooperative efforts to combat illiteracy in Indian River County, the Indian River County Library System may contract with the Literacy Services of Indian River County for allotted space in the libraries for an office. The Library may also provide available space for tutors to teach their students to read (prior arrangements will be made in accordance with meeting or study room policies). The libraries may also purchase and make available to the public, materials which further this cause. As a logical extension of public library services and to adhere to the State plan, the Indian River County Library System will strive to meet the needs of all segments of the county's population. As with the Friends, Literacy Services of Indian River County will establish its own policies and procedures and will follow the contractual agreements/restrictions the county establishes for its facilities. Volunteers The information demands of modern society have made it impractical to operate a public library solely through the use of donated labor; however, the use of volunteers can be a means of supplementing the library's services. Effective volunteer programs generally require that the individuals offering their talents to the library should, as far as possible, be treated as if they were paid staff. Volunteers working in library programs should be recruited for specific positions with properly developed job descriptions and should regularly be evaluated on the effectiveness of their service. The Indian River County Library System encourages interested persons to volunteer at the libraries. Appropriate forms should be filled out for the library files and for the volunteer to choose the best days/times to volunteer and to select tasks preferred. Every effort will be made to accommodate the preferences. 53 After proper training, the volunteer may begin work. Volunteers must understand that the libraries follow Indian River County policies and procedures. Volunteers should never become involved with the daily operations of the libraries or with management decisions. Any suggestions are welcome and should be directed to the Library Director or Volunteer Coordinator. Material Selection The objectives of the Indian River County Library System are to select, organize, preserve, and make easily and freely available to the people of the county printed and other materials (within the limitations of space and budget) which will aid them in the pursuit of education, information, research, and recreation. Intellectual Freedom and Censorship: The library system preserves the rights of citizens to obtain information on all sides of potentially controversial issues, so that individuals can decide for himself/herself the value of opposing ideas. In representing various sides of a question, the public library thus provides the citizen with reliable sources of information on which to base intelligent decisions. The library has a responsibility to protect the rights of mature and sophisticated readers; materials which may be considered frank or offensive to some are included if review material and/or staff opinion suggests that the work makes a significant contribution either to the literary or informational complexion of the collection or to contemporary thought and style. Parents and legal guardians are responsible for the reading habits of their children and young adults. Selection of materials is not inhibited by the possibility that particular materials may inadvertently come into the possession of children and young adults. Responsibility for Selection: The Library Director has the ultimate authority for selection with cooperation of the library staff within the system. General Principles: Selection will be based on the following: 1. Professional knowledge and reputation of the publisher 2. Needs and resources of service area 3. Merit of work to existing collections 4. Professionally accepted reviewing sources 5. Bibliographies 6. Examination of materials when possible 54 Materials will be selected in a variety of formats as best represents the message of the author. Suggestions for additions to the collections from the public are welcome. Registration Matters Adult Applications: An application for a free library card must be completed by residents and/or property owners of Indian River County. A card applicant must provide one of the following forms of identification: 1. Tax record for property ownership in the county 2. State of Florida driver's license showing an Indian River County address 3. Rental lease for a minimum of six (6) months in the county 4. Current voter's registration card for the county 5. Current verification of a child's registration in county schools 6. High school identification card or accepted form from middle school and/or junior high 7. Current automobile registration with county address 8. Proof of employment as a certified teacher (or faculty) in an Indian River school 9. Current utility bill Children's cards for children and youths (under age 16) must be co-signed by a parent/guardian/grandparent. The home or work telephone number of the parent/guardian/grandparent must be on file in the library. The responsibility for what a minor borrows rests with the parent/guardian/grandparent. All costs associated with fines, replacement, lost, or damaged items are the responsibility of the parent/guardian/grandparent. Library cards are valid for two years from the patron's birthdate. Patrons must bring library cards into the library to be updated. Non -Residents of Indian River County: Anyone who is unable to meet one of the necessary residency requirements as stated above may apply for a non-resident library card. The fee for a non-resident card is $10.00 for a 3 month card, $20.00 for a six month card, and $30.00 for a 12 month card. These cards may be renewed at the end of the appropriate time period at the same cost. Computer only cards may be purchased for $5.00 annually. An application must be filled out and appropriate identification shown. 55 Lost or stolen library cards should be reported to the library system as soon as the loss is noted. A $2.00 replacement fee will be charged. Card Holder's Statement of. Responsibility: Borrower's must understand their responsibility as stated here (and as printed on each library application): "I understand when I receive my Indian River County Library System library card that I am responsible for following all library policies and procedures with regard to the borrowing and returning of library materials. I am responsible for all materials checked out of the library system on my library card and will pay all appropriate charges for lost or damaged materials and for materials returned after their due date. Failure to return library materials may also be in violation of local ordinances and could result in a misdemeanor charge being filed." Adults co-signing a minor's application are also subject to the above. Circulation Matters Circulation Procedures Library materials are available to be borrowed by persons who hold a valid library card. Loan Periods: Circulating books, magazines, and audiobooks E -books & E -Audio Reference books (requires a deposit set at the Director's discretion) One Week Wonder books Book Club in a Bag Audiovisual materials (CD's, DVDs) Audiovisual Equipment Number of Items Allowed: Circulating books E -books & E -Audio Audiovisual materials (Audiobooks, CD's, DVDs) One Week Wonder books Magazines 28 days 2 weeks 24 hours 7 days 6 weeks 1 week 24 hours 50 per card 5 per format per card 5 per format per card 1 per card 5 per card Circulating items may be renewed unless there is a reserve from another patron placed on the items. Patrons may renew online. Circulating items may be reserved. Items may be reserved online. 56 One Week Wonder books may not be reserved or renewed Items are considered overdue or late when they are returned one or more days following the due date. Fines will be charged and collected. Fines will be attached to the patron's card when late items are returned and fines unpaid. Fines are: Books and magazines 25 cents per day Audiovisual items 50 cents per day Equipment $25.00 per day Fines will not exceed the cost of the item. Lost or damaged items are the responsibility of the borrower. Costs associated with replacing the items lost or damaged are determined by the replacement cost and any re- processing fees. (If the item is part of a set and the entire set must be re -purchased, than that is the replacement cost.) Emails are sent one day prior to the due date as a reminder. Emails are sent to inform patrons that their items are overdue at the 2 week mark and another email at one month. Then a bill is emailed at 6 months. Fines and other fees may change due to budgetary issues. Failure to Return Indian River County Property Failure to return county property could result in the negligent borrower being charged with a misdemeanor offense. Legal action could be taken by the Indian River County's State Attorney's Office. Interlibrary Loans The Indian River County Library System will make every reasonable effort to obtain for its users library materials that may be borrowed from other libraries. Users must have a valid library card in good standing in order to use the interlibrary loan service. The library system recognizes that interlibrary loan is a service that always requires the cooperation of another library and that the cooperating library's policies and procedures must be followed. Requests are limited to 3 active requests at a time, no audiovisual materials are loaned by other libraries, and no items published in the current year are loaned by other libraries. 57 If the lending library levies charges for postage, handling, or the copying of materials, that charge will be passed on to the borrower requesting the material. Lost or damaged materials will be charged to the user to reimburse the lending library. Failure to pay for overdue, lost, or damaged interlibrary loan materials will result in a "stop" on the patron's library card to discontinue future use. Public Service Guidelines It is the policy of the Indian River County Library System to provide the highest quality of user -oriented library service possible within the resources available. Service to the public should be a cooperative effort of the entire library staff. The system's objective is to satisfy the library needs of the user so well that he/she/they will continue to use the services of the library system. As is the case with all subject areas, the basic obligation of the library staff is to point out the sources that are available to library patrons and to instruct them in how to find the information they seek. If the library patron is unable to obtain the needed information sought from the Indian River County Library System, he/she should be referred to other sources. Gifts, Books and Other Library Materials It is the general policy of the Indian River County Library System to always strive to have current, factual, relevant materials in its collections for the users of the Library System. Gift materials must meet the following criteria before they can be accepted by the Library System collections: 1. Gift materials must meet the same general principles as purchased materials in order to be included in the Library System collections. 2. Books and other materials will be accepted on the condition that the Library Director has the authority to make whatever disposition of the offered materials he/she deems necessary. 3. Memorial books will be selected by the Library Director and the donor consistent with the needs of the Library. Written acknowledgment for each book will be made to the donor and the relative(s) mentioned. A special memorial book plate will be placed in each book. 4. The Library System will not accept for deposit books or other materials that are not outright gifts to the Library System. 58 5. Gifts of money, real property, and/or stocks and bonds will be accepted by the Library System if conditions attached thereto are acceptable to the Director of the Department of General Services, the Library Directors, the County Administrator, and the Board of County Commissioners. 6. Personal property, art objects, portraits, antiques, and other objects will be accepted or rejected on a case-by-case basis after review by the Library Director and other applicable county staff, and must meet a Library collection need. By law the Library System cannot, under any circumstances, endeavor to provide an appraisal or place a value on a proposed gift of books, art objects, or other materials. The Library System will provide to the donor a signed statement acknowledging receipt of the item(s) and that the value placed on the item(s) was determined by the donor. The Friends of the Indian River County libraries are the most appropriate organization to accept donations. All their proceeds benefit library programs and services. Disputed Title The Indian River County Library System respects the opinion of those who may find reason to disagree with its choice of titles for the collections of the library system and therefore has established procedures for such disputes if and when they occur. A library patron may initiate a review of any title (item) by completing a reconsideration form (samples attached). Upon completing the form, the Library Director will communicate with the patron and a decision will be made. Should it become necessary, the decision of County Administration will be sought. 59 Title Request for Reconsideration of Audiovisual Materials Format Author Producing Company (if known) Year produced/Copyright date Request initiated by Address City State Zip Telephone (Home) (Work) Library Card # Do you represent: Yourself An organization Other group (name) 1. To what in the work do you object? Please be specific. 2. Did you view/listen to the entire material If not, what parts? 3. What do you feel might be the result of exposure to this material? 4. For what age group would you recommend this material? 5. What do you believe is the theme of this material? 6. Are you aware of judgments of this material by professional critics? 7. What would you like your library to do about this material? 8. In its place, what material would you recommend? Signature Date PLEASE NOTE: This is a public document under Public Law. Your name and address are subject to disclosure upon public request. 60 Title Request for Reconsideration of Print Materials Book Periodical Other Author Publisher Copyright date Request initiated by Address City State Zip Telephone (Home) (Work) Library Card # Do you represent: Yourself An organization Other group (name) 1. To what in the work do you object? Please be specific. 2. Did you read the entire work? If not, what parts? 3. What do you feel might be the result of reading this work? 4. For what age group would you recommend this work? 5. What do you believe is the theme of this work? 6. Are you aware of judgments of this work by literary critics? 7. What would you like your library to do about this work? 8. In its place, what work would you recommend? Signature Date PLEASE NOTE: This is a public document under Public Law. Your name and address are subject to disclosure upon public request. 61 Rules of Behavior The library is open to all for reading and research. Library users are expected to respect the rights of others. Library users are expected to: • Wear shoes and shirts • Have cell phones on silent or vibrate mode and take calls outside • Converse quietly • Refrain from disruptive behavior and abusive language. • Refrain from writing on or defacing library property. • Refrain from soliciting. • Refrain from sleeping or bathing in the library. The following are prohibited within the library. • Talking on cell phones in quiet areas • Smoking • Bedrolls, blankets, large plastic bags, or large boxes. • Birds, snakes, insects and animals (except service animals). • Food. Drinks must be covered. • Gambling • Intoxication or any drug-induced state. • Use of electronic equipment NOT belonging to or approved by the library. • Skateboards, bicycles, scooters, etc. Unattended or Disruptive Children The Indian River County Library System welcomes children to use its facilities and services. The system emphasizes children's programs. However, responsibility for children using the library rests with the parent/guardian/grandparent or assigned chaperone, not with library personnel. For the purposes of this policy, and as defined in Chapter 1.01 of the Florida Statutes, a minor is any person under 18 years of age. Preschool age children (children ages 8 and under), may not be left unattended in the library; they must be accompanied by a teenager or an adult. Responsible parties not attending a program with a preschooler must remain in the library building. 62 If a child is left unattended and it is 30 minutes or less until closing time, or if an unattended child becomes distraught, library staff may, if necessary, use the following procedures in order to resolve the situation: 1. Try to identify the child and locate the parent or responsible party by walking through the building with the child and/or page the child's parent/guardian/grandparent using the latter's name and/or the child's name. If no name is available, describe the child's physical appearance. 2. If the parent/guardian/grandparent is not located within 30 minutes (ten minutes if building is closing), library staff should attempt to locate the parent/guardian/grandparent by telephone, utilizing library records, telephone directories, or other sources available, if necessary. 3. If, after exhausting all other sources, no contact has been made with the parent/guardian/grandparent, the staff member will call the local police. The staff member shall wait with the child until the police arrive. Under no circumstance should library staff transport a child to another location. Children who remain outside a library facility at closing time are not necessarily covered by the above procedures unless, depending on the circumstances, it is apparent to library staff that a child is distraught or in obvious trouble. Library staff may use the above procedures and best judgment in dealing with such situations. Disruptive behavior is any behavior on library premises that infringes on the rights of others using the library. Disruptive children will not be allowed to interfere with library service to others. Disruptive children will be approached in the following manner by library staff: 1. Library staff will give a verbal warning to the child indicating that such behavior is disruptive to other library users and is unacceptable behavior. 2. If the disruptive behavior continues, approach the parent/guardian/ grandparent with the same warning. If the child is unattended, give the child a second warning. 3. If the disruptive behavior continues: a. Request the parent/guardian/grandparent to escort the child from the library premises. b. If the child is unattended and 12 years of age and older, ask the child to leave the library premises. c. If the child is younger than 12 years of age and unattended, follow the procedures outlined above. 63 4. If the child's disruptive behavior continues and he/she refuses to leave library premises, library staff should call the police. Library staff should document any and all incidents involving unattended and/or disruptive behavior and submit a report to the Library Director. Use of Library Meeting Rooms Meeting rooms may be used by organizations and businesses for programs and meetings when such use does not conflict with the library's programs and services, Constitutional Officers or Indian River County business. The library system reserves the right to determine whether a proposed use of its facilities is appropriate, and to give or withhold permission for such use. The sale of merchandise/services and solicitation are not allowed. A prospective user of library system meetings rooms may: o Inquire about available facilities and dates. • Obtain an application for use. • Complete and return the application to the appropriate library staff. • Receive from library staff confirmation of the accepted application for the specific date, or notice of refusal. The following conditions for use must be followed by all who wish to use a meeting room of the library system: • Meeting rooms are only available during regular library hours (except Sundays). • The event must be open to all citizens in the community. • The event must be free of charge. • Smoking is not allowed in the rooms. • Rooms cannot be reserved as the regular meeting place for any organization for longer than the current calendar year. • Organizations may be asked to move set dates in order to accommodate special library programs, Constitutional Officers' or County business meetings. • Library personnel are not available to assist in the handling of exhibits and other materials needed by groups using the room. o Organizations are responsible for setting up and cleaning up the room. • Refreshments may be served in the multi -media (large) meeting room only at the discretion of the Library Director. 64 A responsible party from the organization must sign a meeting room contract (Attachment A). Seating capacity is governed by the Fire Marshall. Additional seating may be provided by the organization reserving the room, with the organization being responsible for delivering, setting up, and removing the seating, and as long as seating does not exceed the Fire Marshall limits. Any violation of the above could result in denial of future meeting room use. *In the event publicity concerning the meeting is circulated which lists the library address, the following disclaimer must be included: "This event is not sponsored by the Indian River County Library System." The user shall be responsible for any and all loss, accident, neglect, injury, or damage to person, life or property that occurs while using the facilities or premises. The group's responsibility for the room shall be terminated only when they have informed an authorized staff member that they have vacated the room and that it is ready to be secured. Youth or children's groups must be supervised at all times by responsible adults provided by the sponsors of the activity. Meeting Room Charges: Half day is 4 hours or less. Please include your set-up and clean-up in your scheduling. North Indian River County Library Meeting Room Usage Type Full Day Half Day Large room (200) Non-commercial $ 50.00 $30.00 Large room (200) Commercial $110.00 $60.00 Study rooms No Charge Brackett Library Meeting Room Usage Type Full Day Half Day Bjorkman room (30-40) Non-commercial $30.00 $10.00 Bjorkman room Commercial $60.00 $35.00 Conference & study rooms No Charge 65 Indian River County Main Meeting Room Large room (200) Large room (200) History room (25) History room (25) Conference & Study rooms Library Usage Type Non-commercial Commercial Non-commercial Commercial No Charge Full Day $50.00 $110.00 $30.00 $60.00 Half Day $30.00 $60.00 $10.00 $35.00 **Effective January 1, 2018, meeting room rentals will be subject to sales tax as required under Florida Statute 212.031. If your organization claims tax exempt status, a current State of Florida Consumer Certificate of Exemption must be provided** Bulletin Boards and Community Announcements The Indian River County Library System maintains several community bulletin boards throughout the library system in its buildings. In its capacity as a public institution, the library system schedules educational, cultural and recreational activities for the community. The library system has priority access to bulletin board space within and without its buildings. Any remaining space is available for use by the public at the discretion of the Library Director. A sample should be brought in for library staff to review and sign off on before any information is posted on the bulletin board. The purpose of the bulletin boards is to display public service information. No solicitation is allowed. Exhibits Exhibits function as an integral part of the Indian River County Library System's total program of service and are planned to direct the attention of the public to the library materials, services, and aims of the library system. The library system shall control the content and arrangement of all exhibits. Exhibits of materials by individuals or groups should first be presented to the appropriate library staff with regard to exhibit content, theme, number and size of articles to be exhibited and desired running time of the exhibit. The library system reserves the right to reject any part of an exhibit or to change the manner of display if the items to be exhibited are contrary to the library's community responsibility, or if the actual exhibit is different than what was actually proposed, or if public complaints are voiced. Every item used must meet the library system's standards 66 of value and quality. All exhibits must be scaled in size and form that complement the normal service of the library system. Booklists, posters, signs, brochures, publicity, and all materials relative to the exhibit must also be approved by appropriate library staff. All exhibits and displays shall be coordinated and approved by the applicable library and library department staff. The library system may utilize materials from its own holdings in order to publicize its own collections and services. The library system may invite, or accept offers, from outside exhibitors (individuals or groups) to display their own materials in the buildings of the library system. The materials to be exhibited must be acceptable as outlined above. Outside exhibitors must request in writing in order to exhibit. The request should include a list of the contents and description of the exhibit. Final authority rests with Indian River County Management. The Indian River County Library System does not carry specialized insurance that covers all types of exhibits. The library system is protected against fire and other natural occurrences, vandalism and malicious mischief, but the replacement value of specific items cannot be guaranteed. The library system requires the use of the LIABILITY RELEASE FORM on all non -library materials. The Indian River County Library System shall in no way act as an agent for the sale of items from an outside exhibit. The following conditions apply: 1. Purchase prices shall not be posted, nor shall they be listed in exhibit brochures. 2. Inquiries from visitors to the, exhibit regarding purchase prices shall be referred to the outside exhibitor or his/her agent. 3. Transactions for the purchase of exhibit items shall be directly between the purchaser and the exhibitor or his/her agent. Such transactions shall not be conducted in library buildings. 4. The library system shall receive no fees, commissions or other remuneration in connection with the sale of material from outside exhibits. Donations are accepted. 5. Library system staff members shall be treated as any citizen with regard to the purchase of items from outside exhibits, in accordance with 2, 3 and 4 above. 67 6. In accordance with items 1 through 5 above, no exhibit material that is sold during its display in the library system may be removed from the exhibit before the end of the exhibition period, unless such removal and rearrangement of the exhibit is approved by the Library Director. 68 Date Liability Release Form I, , hereby release the Indian River County Library System and Indian River County from any liability for loss or damage to the items, listed on the attached record, which I have provided to be exhibited at the Library from to Signature Title Organization Address Telephone Signature, Library System Representative Please keep original in library system file. Please send copy to: 69 Indian River County Library System Computer Usage Policy, Disclaimer, and Electronic Resources Code of Conduct Purpose: Essential to the purpose of the Indian River County Library System is to enhance through its services and facilities, the quality of life for all residents of Indian River County. To fulfill our mission, Indian River County Library System provides access to a broad range of information resources, including those available through the Internet. We make this service available as part of our mission to offer a broadly defined program of informational, educational, cultural, and recreational enrichment opportunities for people of all ages and background which reflect the diversity of interests and opinions in our communities. In offering Internet, the library system cannot control access points which change rapidly and unpredictably. The Internet is an unregulated medium and while it offers access to a wealth of material that is personally, professionally, and culturally enriching to individuals of all ages, it also enables access to some materials that may be offensive or disturbing. The library system does not offer e-mail accounts to library customers; however, customers may be able to access their e-mail accounts. Wireless access is available. Ask library staff for information. Usage Guidelines: Users of the Internet Public Access Computers shall: 1. Respect the privacy of others. 2. Observe the legal copyright license and protection to programs and data. 3. Abide by the designated time limitations. 4. Show a library card in good standing. 5. Understand that terminals are provided to library customers for the purpose of accessing informational and reference resources. 6. Follow the library system rules for Internet access. 70 Unacceptable Uses: 1. Use of any computer or terminal for illegal or commercial purposes. 2. Violation of computer system security. 3. Destruction of or damage to equipment, software, and/or data. 4. Use of profanity, obscenity, other language, images or behavior which may be disruptive to library operations. 5. More than 2 people per terminal. 6. Displaying and/or printing obscene materials. In accordance with Florida Statutes, Chapters 847.011 (1)a and 847.0133 (1), displaying obscene materials to minors or printing such materials is a violation of the law and could result in penalties up to and including imprisonment. Any violation of any of the above will revoke a customer's library card and the use of library equipment. Youth Access to the Internet: Please be aware that some information on the Internet is of a mature nature and may not be suitable for children. Parents and/or guardians/grandparents are responsible for information selected and accessed by children. The best way to ensure that children are having a positive online experience is for parents/guardians/grandparents to know what their children are doing. Parents concerned about their children's use of the Internet are solely responsible for setting standards and establishing guidelines for their own children, understanding that other parents are solely responsible for their children. It is impossible for Indian River County Library System staff to control or monitor the flow of information or to control or monitor children's use of the library system's resources. Internet Use Procedures and Rules of Conduct: 1. Use of all computers, including Internet stations, is on a first-come, first -serve basis. 2. Internet use is limited, based on number of library customers waiting. No more than 3 hours total per day per customer. 3. Printing is .10 for each page. Printing charges may increase as costs of paper, toner, etc., increase. Notice will be given prior to any increases. 71 4. Downloading is allowed. Users must supply their own storage device and know that compatibility with library PCs is not guaranteed. 5. No more than 2 people per computer is allowed. 6. The computer area is a quiet area. Excessive noise, unruly behavior and talking on cell phones are not allowed. 7. Failure to abide by the rules will result in loss of privileges. 8. All computer use must be completed 15 minutes before closing of the library facilities. Announcements are made and it is your responsibility to track the time. Disclaimer Since the Internet is a global electronic network, there is no local/state/federal control of its users or content. The Internet and its available resources may contain material of a controversial nature. The library system cannot censor access to material nor protect users from offensive information. Parents of minor children must assume sole responsibility for their children's use of the Internet through the library system's connection. Library system staff cannot guarantee the availability or reliability of information links on the Internet. Not all sources on the Internet are accurate, complete, or current; therefore, patrons need to be responsible consumers. Library system staff are not always readily available to train the public on Internet use. It is the sole responsibility of library customers to receive Internet training and/or expertise on their own. Parents and children are encouraged to ask for Internet Safety web sites at the reference Desk. All Internet activity is monitored by the Internet server. All visited sites are logged daily. Some site access may be denied. URL request forms are available at the Reference Desk. 3D Printer Policy and Procedure 72 Purpose The Library desires to offer community access to new and emerging technologies. 3D printers inspire new interest in creative design and help the community to bring their creations to life. This policy establishes how and under what circumstances the public may use the Library's 3D printers. Policy The Library's 3D printers are available to the public to make three-dimensional objects in plastic using a design that is uploaded from a digital computer file. I. The Library's 3D printers may be used only for lawful purposes. The public will not be permitted to use the Library's 3D printers to create material that is: a. Prohibited by local, state or federal law. b. Unsafe, harmful, dangerous or poses an immediate threat to the well-being of others. (Such use may violate the terms of use of the manufacturer.) c. Obscene or otherwise inappropriate for the Library environment. d. In violation of another's intellectual property rights. For example, the printers will not be used to reproduce material that is subject to copyright, patent or trademark protection. e. No materials will be printed large than 9" x 5" x 5". II. The Library cannot guarantee quality or stability, nor confidentiality of designs Responsibility for removing rafts and supports is up to the user. III. The Library reserves the right to refuse any 3D print request for just cause. IV. A fee will be charged to cover the printing costs depending on the size and material used in any print job. Example: Below 20 grams $2.00, 20-50 grams $4.00, 51-90 grams $6.00. V. Items printed from Library 3D printers that are not picked up within 7 days will become property of the Library. Items must be picked up by the individual who printed them. VI. Only designated Library staff and volunteers will have hands-on access to the 3D printer. Procedures 73 The procedure for printing from the Library's 3D printers is as follows: I. Design creation: a. Any 3D drafting software may be used to create a design as long as the file can be saved in .stl, .obj, or .thing file format. b. Any item submitted must be reviewed for feasibility by library staff. Any items determined to be a high risk for failure will not be printed. c. Digital designs also are available from various file -sharing databases such as Thingiverse.com. II. Submitting a design for printing: a. Persons wanting to use the 3D printer shall bring their file (in .stl, .obj, or thing format), no longer than 25MB, to the 3D printing class/program. Staff will add the model to the printing queue. b. If there is high demand, the Library will schedule only one print per day per person or entity. c. The files will be readied for printing in Simplify3D or other authorized software. The Library will view all files in Simplify3D or other authorized software before printing. d. Wait/pickup time: Items may be picked up at the Circulation Desk during normal library hours. Patrons will be notified when their item is ready for pickup. III. Please note that procedures governing the use of the Library's 3D printers are subject to revision in response to unforeseen circumstances. Definitions ® 3D printing: the process of making a physical object from a digital model. a 3D Printer: a 3D printer uses melted plastic to produce objects designed on a computer. 74 !DATES NOT AVAILABLE Attachment A — SAMPLE ONLY CONFIRMATION FOR IRC MAIN LIBRARY MEETING ROOM ORGANIZATION NAME: ADDRESS: RESPONSIBLE PARTY: TELEPHONE: PURPOSE OF MEETING: MEETING ROOM REQUESTED: DATE(S) REQUESTED: TIME REQUESTED: : N/A MEDIA EQUIPMENT NEEDED: (Please see request form enclosed) 75 PLEASE READ AND INITIAL THE FOLLOWING RULES AND REGULATIONS FOR THE USE OF THIS! ROOM 1. MEETING ROOMS ARE AVAILABLE DURING LIBRARY HOURS (EXCLUDING SUNDAYS) UNLESS APPROVED BY THE DIRECTOR OF LIBRARY SERVICES. 2. ANY PERSON ADVERTISING A MEETING AT THE LIBRARY IN A MISLEADING WAY, SO THAT IT APPEARS TO BE GOVERNMENT SPONSORED, SHALL BE DENIED ANY FUTURE ACCESS TO THE MEETING ROOMS. 3. THE ORGANIZATION/RESPONSIBLE PARTY IS RESPONSIBLE FOR ITS OWN SETUP AND CLEAN- UP OF THE MEETING ROOM (CHAIRS AND TABLES) AND REMOVAL OF TRASH. 4. NO REFRESHMENTS ARE ALLOWED UNLESS YOU ARE USING THE VERO BEACH MULTIMEDIA ROOM. 5. A COUNT OF PERSONS ATTENDING YOUR MEETING MUST BE REPORTED AFTER EACH MEETING. 6. THE ORGANIZATION/RESPONSIBLE PARTY IS RESPONSIBLE FOR ANY DAMAGES TO LIBRARY PROPERTY, MATERIALS AND/OR EQUIPMENT. 7. THE ORGANIZATION/RESPONSIBLIE PARTY MUST PROPERLY SECURE THE LIBRARY FACILITY AND EQUIPMENT WHEN THE MEETING IS OVER. 8. PERSONS ATTENDING CANNOT BE CHARGED A FEE AND NO SALES OF ANY NATURE WHATSOEVER ARE ALLOWED. 9. MEETINGS CANNOT INTERFERE WITH LIBRARY CLOSING PROCEDURES. 10. ANY ORGANIZATION/RESPONSIBLE PARTY WHO WISHES TO SHOW A FILM MUST PROVIDE PUBLIC PERFORMANCE PERMISSION. 11. INFLAMMABLE SUBSTANCES, EXPLOSIVES, AND INHERENTLY OR POTENTIALLY DANGEROUS MATERIALS OR INSTRUMENTS SHALL NOT BE BROUGHT ON THE PREMISES. 12. ANY PERSON OR GROUP CONDUCTING ANY UNLAWFUL ACTIVITY IN A MEETING ROOM SHALL BE DENIED ANY FUTURE ACCESS TO THE MEETING ROOMS. 13. NOISE LEVELS SHOULD BE KEPT TO A MINIMUM AS TO NOT DISTURB OTHER PATRONS USING THE LIBRARY. 14. EACH ORGANIZATION IS RESPONSIBLE FOR RENEWING THEIR CONTRACTS AT THE END OF THE YEAR. ROOMS ARE BOOKED ON A FIRST COME FIRST SERVE BASIS. [**IN THE EVENT OF ANY CANCELLATIONS, NO MONEY SHALL BE REFUNDED; **THIS AGREEMENT IS NOT A CONFIRMATION UNTIL IT HAS BEEN SIGNED AND RETURNED WITH A PAYMENT. SIGNATURE: FEE: PAID: STAFF USE ONLY 76 8N CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: May 7, 2019 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Ranking of Firms for RFP 2019037 — Oslo Riverfront Conservation Area Wetland Overlook Reconstruction BACKGROUND: On behalf of the Parks and Conservation Resources Division, Requests for Proposals (RFPs) were solicited for the reconstruction of the Oslo Riverfront Conservation Area Wetland Overlook, located north and east of the intersection of U.S. 1 and Oslo Road. The overlook was originally constructed in 1998, and has been subject to damage from storms and the elements. RFP RESULTS: Advertising Date: RFP Opening Date: Solicitation Broadcast to: RFP Documents Requested by: Replies: January 18, 2019 February 19, 2019 424 Subscribers (DemandStar)/22 Subscribers (Vendor Registry through www.ircgov.com) 50 Firms (46 Demandstar/4 Vendor Registry) 3 Firms ANALYSIS: A selection committee comprised of Kevin Kirwin, Director, Parks and Conservation Resources; Beth Powell, Assistant Director, Parks and Conservation Resources, William Johnson, P.E., Roadway Production Manager, and Steven Hitt, Senior Environmental Planner independently evaluated and scored the received proposals in accordance with the RFP document and Purchasing Manual. These scores were compiled by the committee and an overall initial ranking of firms developed. After discussions, the committee declared the initial ranking of firms to be final: 77 Proposifng Firm Location 1. Summerlin's Marine Construction Fort Pierce 2. Brothers' Construction, Inc. Stuart 3. Underwater Engineering Services, Inc. (UESI) Fort Pierce 77 CONSENT Staff is prepared to begin negotiations and bring a final agreement to the Board at a meeting in the near future. FUNDING: Base price proposals submitted range from $111,702 to $194,710, with the lowest proposal submitted by Summerlin's. Staff intends to include negotiations regarding scope and pricing in their discussions with the top ranked firm. The Oslo Riverfront Conservation Area Boardwalk Replacement was included and approved in the Capital Improvement Element of the December 2018 Comprehensive Plan at a budgeted amount of $100,000. Staff will consider options to reduce the current proposal and return to the Board with the firm's best and final offer. Funds are currently allocated in the Oslo Riverfront Conservation Area Boardwalk Replacement (Account number 31521072-066510-18002), Optional Sales Tax/Parks/Oslo Conservation Improvements. RECOMMENDATION: Staff recommends the Board approve the committee's final ranking of firms and authorize the Parks and Conservation Resources Division to negotiate with the top ranked firm, and subsequent ranked firms, should negotiations with higher ranked firms fail. For May 14, 2019 78 IIA Office of the INDIAN RIVER COUNTY ADMINISTRATOR Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator DATE: May 15, 2019 SUBJECT: Indian River County 2019 State Legislative Final Report BACKGROUND The Indian River County Board of County Commissioners (the "Board") approved a list of priorities for the 2019 State of Florida Legislative session on December 18, 2018. The 2019 State of Florida legislative session was held from March 4, 2019 to May 4, 2019. The legislature adopted a $91.1 billion budget. Nearly 3,500 bills were filed, but only 197 passed both the Senate and House and will move on to the Governor's desk. Attached is the final report concerning the State of Florida's 2019 legislative session as it relates to Indian River County Attachment: Indian River County 2019 State Legislative Final Report 79 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS 2019 State Legislative Program Final Report 80 Legislative Priorities And The County's Position L 1. Indian River Lagoon Background: The 156 -mile -long Indian River Lagoon ("Lagoon") is one of the most biodiverse ecosystems in the nation and is a treasure for the State of Florida. The Lagoon provides an economic benefit by promoting tourism and creating recreational opportunities for residents. The Lagoon is also an important element in the protection of our environment, including endangered and protected plant and animal populations. As guardian of 22 miles of the Lagoon, Indian River County ("County") has been a pioneer for the development and deployment of new water quality technologies. Using a mixture of Optional Sales Tax, Utilities funds, and grant funding, the County has invested over $29 million dollars on four infrastructure projects aimed at improv- ing the health of the Lagoon. Collectively, the County's projects have removed over 128,000 pounds of Total Nitrogen and over 29,000 pounds of Total Phosphorus from canals which lead to the Lagoon. The County hopes to continue its partnership with the State of Florida on future ventures that will reduce the nutrient load in the Lagoon so future generations can enjoy this natural wonder. Although no specific legislation concerning the Indian River Lagoon was passed by the Florida Legisla- ture, the Florida Legislature did allocate $682.6 million for water quality restoration. This includes $500,000 for the Indian River County North Sebastian Septic to Sewer Phase II project and $650,000 for the Indian River County North Relief Canal Aquatic Plant Project. 81 2 2. Higher -Speed Passenger Rail Background: For at least a decade, higher -speed passenger rail has been discussed and proposed within the State of Florida. While Brightline (aka Virgin Trains) is the most recent passenger rail service being proposed, it is not the first and it certainly will not be the last. It is imperative that the State of Florida implement the statutory structure to hold railroads operating passenger rail service accountable for the highest degree of safety improve- ments. Position: Indian River County BCC OPPOSES any state, federal or local funding for private passenger rail pro- jects proposing to traverse through its jurisdiction including, but not limited to, Brightline (aka Virgin Trains); SUPPORTS legislative and executive branch advocacy efforts to regulate higher -speed passenger rail in order to protect the State of Florida's citizens, local governments, wildlife, waterways, and natural environment; and OP- POSES any effort to shift the cost burden of operating and maintaining passenger rail onto local governments or the State of Florida. No Legislation was filed this session. Last year, the Office of Program Policy Analysis and Government Accountability (OPPAGA) released the Florida Passenger Rail System Study, dated October 31, 2019. The Study identified the following key issues: High rate of severe injuries and fatalities and high levels of trespassing incidents on railroad right of way due to rail services operating in dense urban areas Gaps in regulations that are specific to higher -speed rail operations and a series of rail expansion projects The need to clarify FDOT's mandate on oversight of passenger rail with respect to maintenance, safety, revitalization, and expansion The lack of resources for local governments for planning rail projects We are currently working with the Florida Department of Transportation regarding the issues pertaining to the safety of the highway -railroad crossings in Indian River County. Recently FDOT and County staff completed field inspections of the crossings and identified specific concerns. We will continue to work with FDOT and re- quest 5that the agency address specific concerns about the proposed crossing designs as submitted by Virgin Trains. 82 3 3. Biosolids Background: One of the by-products or residuals of the wastewater treatment process is called biosolids or the wet sludge that is left behind after initial processing, which is then collected for further treatment and processing. Today, Florida's central sewer wastewater treatment facilities produce approximately 340,000 dry tons of biosol- ids. Approximately 100,000 dry tons of biosolids qualify as Class B biosolids, which are treated sewage sludge meeting U.S. Environmental Protection Agency (EPA) guidelines for land application as fertilizer with re- strictions, and are allowed to have detectable levels of pathogens. There is concern statewide that excess nutrients from land application of human waste biosolids reach surface waters as a result of rainfall runoff and continue to increase the occurrence of chronic harmful algal blooms. Land application of Class B biosolids has been restricted in various areas throughout the State of Florida. Most recently, in 2013, land application of Class B biosolids was banned in the watersheds containing Lake Okee- chobee and St. Lucie and Caloosahatchee Rivers. At the 2016 UF Water Symposium, St. Johns River Water Management District's staff reported that there are significant increases in phosphorus and incidences of harmful, potentially toxic algal outbreaks in Blue Cypress Lake, one Florida's most pristine lakes, a Class I waterbody. In 2018, cyanobacteria (commonly referred to as blue-green algae) was confirmed in Blue Cypress Lake, which is the headwaters of the St. Johns River and is located the Upper Basin watershed. Cyanobacteria was also reported in the Lower Basin in Duval County, and in the Okeechobee watershed which in turn has impacted the St. Lucie watershed and the Caloosahatchee wa- tershed. Position: Indian River County BCC SUPPORTS policies that restrict or ban the land application of Class B biosolids within the following watersheds that impact the St. Johns River: the Upper Basin, the Middle Basin, and the Lower Basin; and SUPPORTS establishing a pilot project program for funding new state of the art wastewater technologies to improve recover and afford more efficient use of human wastewater biosolids. None of the bills dealing with Biosolids on a comprehensive basis passed. HB 829 Attorney Fees and Cost - deals primarily with attorneys fees with regard to local ordinances. Overall the bill presents problems for local governments. However, an amendment was added that pro- tects a County's ability to continue and extend a local biosolids moratorium. HB 829 (Attorney Fees and Cost) by Rep. Sabatini requires courts to award attorneys' fees and damages to the prevailing party in an action to challenge the adoption or enforcement of a local ordinance on the grounds that it is expressly preempted by the State Constitution or state law. Fees and costs may not be awarded if the governing body receives writ- ten notice that the ordinance is alleged to be preempted and if the local government withdraws an ordinance from consid- eration or, in the case of an adopted ordinance, notices an intent to repeal the ordinance within 30 days of the date and repeals the ordinance within 30 days thereafter. The bill does not apply to ordinances adopted pursuant to part II of chap- ter 163, s. 553.73 (Florida Building Code), and s. 633.202 (Fire Prevention Code), or cases commenced prior to July 1, 2019. Section 2. A municipality or county may continue to enforce or extend an ordinance, regulation, resolution, rule, mor- atorium, or policy adopted before February 1, 2019, relating to the land application of Class B biosolids until the ordi- nance, regulation, resolution, rule, moratorium, or policy is repealed by the municipality or county or until the effec- tive date of the rules adopted by the Department of Environmental Protection, whichever occurs first. 83 4 4. Recycling Background: The Energy, Climate Change and Economic Security Act of 2008 ("Act") established a statewide weight -based recycling goal of 75% by 2020. The Act directed the Florida Department of Environmental Protec- tion (DEP) to establish a reporting protocol and directed counties to report annually. The Legislature also estab- lished interim recycling goals: 40% by 2012, 50% by 2014, 60% by 2016 and 70% by 2018. The legislation, also provided that large counties (counties over 100,000 in population) not achieving the recycling goals could be di- rected to develop a plan to expand recycling programs. Recently, DEP issued a 2018 report where it acknowledged that while the recycling goal is "aspirational" the cur- rent approach needs significant changes or else Florida's recycling rate will likely fall short of the 2020 goal of 75%. This is because there have been many challenges that inhibit the State of Florida from being able to obtain and sustain the 75% recycling goal including, but not limited to, collection methods, shifts in recycling markets, and new and lighter weight packaging. It is important to note that there has actually been a decrease in Florida's recycling rate from 56% in 2016 to 52% in 2017. In addition to the declining recycling rate, there is a significant new challenge that concerns a decline in the global demand for recycled materials. In January of 2018, China re- stricted its receipt of recycling materials. The referenced restrictions make it no longer financially viable to send recyclable goods to China from the United States. Industry stake holders and scientists are currently discussing ideas for a new program that could lead to improv- ing Florida's recycling efforts at the state and local level. One of the top suggestions is to shift the focus from weight to energy -efficiency. Position: Indian River County BCC SUPPORTS the modification of the State of Florida's existing 2020 75% recycling goal in Section 403.7032, Florida Statutes, to reflect a statewide goal that is based on energy efficiency rather than weight; OPPOSES any fines or consequences associated with contamination or not meeting the recy- cling goal; and OPPOSES policies that would require local governments to address the contamination of recycla- ble material in contracts with residential recycling collectors if the collectors are not processing the recovered ma- terials on behalf of the local government. FIB 771, which requires counties and municipalities to address the contamination of recyclable material in contracts for the collection, transportation, and processing of residential recyclable material, passed. The requirements will apply to each contract between a municipality or county and a residential recy- cling collector or recovered materials processing facility executed or renewed after October 1, 2019. 84 5 5. Foreign Trade Zone Background: A foreign -trade zone (FTZ) in the United States is a geographical area, in (or adjacent to) a Unit- ed States Port of Entry where commercial merchandise, both domestic and foreign, receives the same Cus- toms treatment it would if it were outside the commerce of the United States. Merchandise of every descrip- tion may be held in the Zone without being subject to Customs duties and other taxes. This tariff and tax re- lief is designed to lower the costs of U.S.-based operations engaged in international trade and thereby create and retain the employment and capital investment opportunities that result from those operations. These spe- cial geographic areas - Foreign -Trade Zones - are established "in or adjacent to" U.S. Ports of Entry and are un- der the supervision of the U.S. Customs and Border Protection under the United States Homeland Security Council. For a number of years Indian River County has been interested in being included in a foreign trade zone. The benefits include (a) a reduction of duties for manufacturers if they use foreign components in their finished prod- ucts, (b) a duty exemption on imported goods that are later re-exported, (c) a delayed payment of duties for goods until they enter the U.S. Market, (d) an elimination of duties on waste, scrap and rejected or defective parts, and (e) a possible reduction in merchandise processing fees (U.S. Customs Processing fees). Currently, the Treasure Coast Foreign Trade Zone No. 218 is designated as a Traditional Site Framework or gen- eral purpose zone, which is a warehouse, industrial park or port that has been designated as an FTZ. Multiple companies can use general purpose zones simultaneously for the purpose of storing merchandise, equip- ment, parts and other goods. These sites include, Treasure Coast International Airport and Industrial Park, Crossroads Commerce Park, Kings Highway Industrial Park, and the St. Lucie West Commerce Park. Recently, the US Department of Commerce has developed another zone purpose known as the Alternative Site Framework (ASF). The ASF allows grantees to establish additional sites geared towards specific compa- nies either as a "Subzone" or a "Usage -Driven" site. These sites enable grantees to locate zone designation where companies' needs actually arise. By bringing zone designation to firms, Subzones/Usage-Driven sites help grantees respond to growth opportunities in the local economy and diminish the need to try to antici- pate where future activity may occur. A Subzone (or Usage -Driven site) under the ASF can be added, removed, or modified using a quick and simple minor action rather than the longer and more complex reorganization/ expansion or Subzone application process that is required under the Traditional Site Framework. Position: Indian River County BCC SUPPORTS the expansion of the Treasure Coast Foreign Trade Zone #218 to include the geographic area of St. Lucie, Martin and Indian River Counties. County Staff continues to work with St. Lucie County to expand the existing Foreign Trade Zone No. 218 to include portions of Indian River County. St. Lucie County is working through this process with the Department of Commerce. 85 6 6. Beach Restoration and Renourishment Background: The Florida Department of Environmental Protection has a Beach Management Funding Assis- tance Program to protect and restore the state's beaches. Erosion leaves miles of beaches, public infrastructure and upland development vulnerable to the next storm event as well as impacting tourism. Currently, beach re - nourishment is funded via documentary stamps along with countless other programs. This leaves beach renour- ishment projects fighting every year for a very small piece of a large pie. Indian River County, like its sister counties to the north and to the south on Florida's east coast, has a natural nearshore hardbottom resource. This resource is classified as an essential fish habitat. It provides foraging and breeding grounds for juvenile fish. Indian River County's beach management plan is specifically customized to maximize the fill while minimizing the impact to the nearshore hardbottom resource. Position: Indian River County BCC SUPPORTS the creation of a newly dedicated and reoccurring statutory funding source for beach restoration and renourishment projects; and OPPOSES policies that would change or modify the criteria used by the Florida Department of Environmental Protection to rank eligible beach renourish- ment projects that would negatively impact communities interested in protecting nearshore hardbottom resources. SB 325, which revises the criteria used by FDEP to prioritize coastal restoration projects based upon need and importance, passed. The bill adds additional detail to the criteria FDEP considers when ranking beach management and erosion control projects. Specifically, the bill directs FDEP to imple- ment a four -tiered scoring system to rank annual project funding priorities by July 1, 2020. The bill also updates FDEP's Comprehensive Long -Term Beach Management Plan development process, requiring a strategic beach management plan, critically eroded beaches report, and a three-year work plan. In past years, this legislation also included $50 million in recurring funding for the beach program; however, this section was removed, and the bill now only includes policy changes. The appropriation for beach renourishment projects does include funding for the County's Sector 5 project for approximately $1.9 million 86 7. Texting While Driving Background: As of January 2017, texting while driving violations are enforced as primary offenses in 41 states. Florida is one of four states where texting while driving is a secondary offense when an operator of a motor vehicle has been detained for a suspected violation of another law. Specifically, Florida law bans driving while sending or reading data on a wireless cell phone for the purpose of non -voice interpersonal communication. The ban does not apply to a stationary motor vehicle or to a motor vehicle operator who is using it for official duties as an operator of an authorized emergency vehicle, law en- forcement or fire service professional, or an emergency medical services professional. It also does not apply to those who are using the wireless communication device for navigation purposes. Position: Indian River County BCC SUPPORTS policies that would make texting while driving a primary of- fense. HB 107 concerning texting while driving passed. The bill. changes current enforcement of the ban on texting while driving from a secondary offense to a primary offense. The bill also creates a new sec- tion of statute titled "school and work zones; prohibition on the use of a wireless communications de- vice in a handheld manner." It authorizes enforcement of a ban on the use of a wireless communica- tions device in a handheld manner while operating a motor vehicle in a designated school crossing, school zone, or active work zone area as a primary offense punishable as a moving violation. The main provisions will take effect July 1, 2019, with the school and work zone restrictions taking ef- fect October 1, 2019. 87 8 8. Short Term Vacation Rentals Background: Section 509.013, Florida Statutes, defines a transient public lodging establishment (aka short-term vacation rental) as a property that is rented more than three times a year for less than 30 days at a time. Local governments were preempted from regulating vacation rentals in 2011. This legislation included a provision that "grandfathered" any ordinance regulating vacation rentals prior to June 1, 2011. The language was amended in 2014 to allow local governments to regulate short-term rentals through life safety and building codes, as well as other codes specific to vacation rentals. However, local governments are still prohibited from regulating the du- ration and frequency of these rentals. In 2015, Indian River County formed a committee which included a vacation rental owner and a real estate agent to discuss short-term vacation rentals and the impact they have on our community. Based upon the committee's recommendations, the Board of County Commissioners approved an ordinance that requires short-term vacation rentals to register with the County, show proof of registration with the DBPR and pass a simple inspection per- formed by a code enforcement officer to verify that the vacation rental has working smoke alarms (carbon mon- oxide detector also if they have gas appliances), a charged fire extinguisher and an emergency light if the power goes out. The vacation rental is inspected to make sure it has the basic "good neighbor" information such as days of the week for trash collection and recycling, parking restrictions and owner/agent contact information. Parking is restricted to the existing garages and driveways, just as with an ordinary residence. Enforcement, including noise complaints, is carried out through the County's code enforcement process, just like complaints from an ordinary residence. Last year, a bill was introduced at the Florida Legislature which would have preempted all local ordinances as they relate to short-term vacation rentals. While the bill was unsuccessful, it will likely be reintroduced in the 2019 legislative session. Position: Indian River County BCC OPPOSES policies that would preempt a local government's ability to have local ordinances related to vacation rentals. Proposed Legislation preempting local government's ordinances related to vacation rentals failed. 88 9 9. State Housing Initiatives Partnership (SHIP) Funds and Affordable Housing Background: The Florida Housing Finance Corporation (FHFC) is a public corporation that is housed with- in the Department of Economic Opportunity. The goal of the FHFC is to increase the supply of safe, af- fordable housing for individuals and families with very low to moderate incomes. To do this, the FHFC uses federal and state resources to finance the development of affordable homes and assist first-time homebuy- ers through various programs. Some of the key programs that are administered by the FHFC include the State Housing Initiatives Partnership (SHIP) Program, which receives approximately two-thirds of the funding; the State Apartment Incentive Loan (SAIL) Program, which receives about 20 percent of the funding, and other programs, including the Predevelopment Loan Program (PLP), the Homeownership Assistance Program (HAP), the Affordable Housing Guarantee Program, and the Catalyst Training and Technical Assistance Program. The FHFC receives funding for its affordable housing programs from documentary stamp tax revenues pursuant to the William E. Sadowski Act ("Act"). The Act calls for funds to be generated from: (a) additional revenues from a 10 -cent increase in the documentary stamp tax rate imposed on real estate trans- fers; and (b) a re -allocation of ten cents of the existing documentary stamp tax revenues from general revenue to the affordable housing trust funds beginning in FY 1995-96. The funds are then distributed to the State Housing Trust Fund and the Local Government Housing Trust Fund. In years past, the Florida Legislature has transferred the unused funds in the State Housing Trust Fund and the Local Government Housing Trust Fund to the General Revenue Fund pursuant to Section 215.32(2)(b) 4.a., Florida Statutes. This has significantly impacted local governments and their ability to assist their con- stituents by providing the above -referenced programs as they were designed. Position: Indian River County BCC SUPPORTS allocating the full amount of dedicated documentary tax reve- nues for state and local affordable housing programs; SUPPORTS investing in affordable housing to create jobs in home repair, hardening homes, retrofitting and constructing affordable rental units, and lowering the energy costs to make housing more affordable; and SUPPORTS exempting the State Housing Trust Fund and the Lo- cal Government Housing Trust Fund from a provision authorizing the Legislature, in the General Appropria- tions Act, to transfer unappropriated cash balances from specified trust funds to the Budget Stabilization Fund and General Revenue Fund, etc. No legislation requiring the full dedication of doc stamps was passed. The total allocation for this year is $200.6 Million, which was an increase from last fiscal year (last FY was $123.6 Million). However, $115 Million has been designated for communities impacted by Hurricane Michael last year. Please note, if fully funded with no sweep the total amount would have been $331 Million. 89 10 Ranked Appropriations Beach Renourishment— Sector 5 Indian River County BCC respectfully requests that you SUPPORT an appropriation of $1,934,151 in matching funds for a beach restoration project to Indian River County's Sector 5 beach. Sector 5 is within the City of Vero Beach and is a 3.1 mile section of shoreline. The Sector 5 project area sustained damage from Hurricane Matthew (2016) and Hurricane Irma (2017) and is in need of a large scale beach and dune nourishment project to maintain protection to upland properties and infrastructure. Approximately 200,000 cubic yards of sand are required to re- store the project area. Anticipated Construction November 2019 — April 2020. • $71,500 in matching funds for a feasibility • $91,901 in matching funds for design of the beach project, • $1,537,500 in matching funds for the construction of the beach project, and • $233,250 in matching funds for the monitoring of the beach project. The FDEP and Florida Legislature provided funding for this project in the proposed budget. 1. North Sebastian Septic to Sewer Phase II Indian River County BCC respectfully requests you SUPPORT an appropriation of $2,400,000 in matching funds to construct the North Sebastian Septic to Sewer Phase II project. Indian River County has more than 30,000 septic tanks. According to the United States Department of Agriculture's Soil Conservation Service, most of Indi- an River County's sandy soil is not conducive for the use of septic tank systems. This limitation, combined with the high water table, creates a high potential for groundwater contamination. This is especially true in areas where development preceded septic tank regulation. In many cases, septic systems do not have the required separation of 2 feet depth between the drain field and the groundwater. Indian River County has made it a priority to protect the Indian River Lagoon and to take steps to convert properties off of septic systems and onto public sewer. The project proposes to connect 185 parcels to the public sewer system. The project also proposes to connect 187 parcels to public water. This will not only help the environment and increase the value of the underlying property, but it will stimulate economic growth by promoting new business to develop and allow existing business to ex- pand. Funding for this project totaling $500,000 has been included in the proposed budget. 2. North Relief Canal Aquatic Plants Project Indian River County BCC respectfully requests you SUPPORT an appropriation of $2,000,000 in matching funds to construct the North Relief Canal Project. The requested funds will be used to construct a passive remediation system using aquatic plants to remove nitro- gen and phosphates from the North Relief Canal which leads directly to the Indian River Lagoon. Passive remedi- ation systems are by far the most cost effective systems to reduce nitrogen and phosphorus from a water body. They reduce nitrogen and phosphorus at a lower cost per pound compared to any other system. Funding for this project totaling $650,000 has been included in the proposed budget. 90 11 3. Tones' Pier Conservation Area Indian River County BCC respectfully requests that you SUPPORT an appropriation of $120,000 in matching funds for a restoration project at the Jones' Pier Conservation Area °PCA). Specifically, the County is proposing to implement a management plan for the site that restores ecological value, while at the same time utilizes the ex- isting buildings on the property for public access and display of educational and historical exhibits. To this end, the County has developed a Master Plan for the site that includes elements such as: (1) the design of public access facilities including buildings, restrooms, trails and parking; (2) the restoration of wetlands and native uplands on- site; (3) the development of an outdoor classroom for use by local schools and other organizations; (4) the conser- vation and habitat enhancement of an existing Florida gopher tortoise population; (5) the establishment of com- munity gardens to promote environmentally sensitive & sustainable practices; (6) the establishment of native planting corridors along the trails, and (7) the possible development of a native plant nursery (where feasible). Although not funded by the Florida Legislature, FDEP awarded $50,000 to create a salt marsh and en- hance habitats at the Jones Pier Conservation Area. 91 12 Summary Information Regarding Significant Legislation Legislation Passed Taxation The 2019 tax package, HB 7123 (Taxation) includes two sales tax holidays; a three-day back -to -school holiday; and a seven-day disaster preparedness holiday. The bill also includes a reduction of the tax on commercial leases from 5.7% to 5.35%. It also chang- es the timing of payments to local governments in fiscally constrained counties and Monroe County to offset property tax refunds granted to homeowners due to hurricanes in 2016 and 2017. A controversial provision requiring school districts to share discretion- ary operating property tax levies with charter schools was initially removed by the Senate, but subsequently added back in to apply only to future referenda. Communications Services SB 1000 (Communication Services) by Sen. Hutson makes significant changes to s. 337.401, governing the use of public rights-of- way by providers of communications services. The bill prohibits a local government from instituting express or de facto moratoria on permits for collocation of small wireless facilities and provides additional requirements on the local government's permit registration and application process for communications services providers. It changes the types of and nature of bonds, security instruments, and insurance that may be required by local governments. The bill provides that a provider must comply with objective and reasona- ble undergrounding requirements under certain circumstances Permit Fees HB 127 (Permit Fees) by Rep. Williamson requires governing bodies and counties and municipalities to post permit and inspection fess scheduled and building permit an inspection utilization reports on websites by December 31, 2020 and to update the report before adjusting fee schedules in the future. Tree Trimming & Private Property Rights HB 1159 (Private Property Rights) by Rep. La Rosa provides that a local government may not require an application, approval, per- mit, fee, or mitigation for the pruning, trimming, or removal of a tree on residential property if the property owners obtains documen- tation from a certified arborist or licensed landscape architect that the tree is a danger to persons or property. The bill prohibits a local government from requiring replanting of trees removed or trimmed per the section and specifies that it does not apply to local governments with delegated mangrove protection authority. Additionally, the bill requires each county property appraiser to post on its website a "property owner bill of rights," the contents of which are provided in the bills itself. HB 1159 and its Senate companion, SB 1400 (Private Property Rights) by Sen. Albritton, went through several iterations over the course of the session, but ultimately the bills were narrowed in scope to minimize the impact on local tree protection ordinances and regulations Environmental Regulation & Residential Recycling HB 771 (Environmental Regulation) by Rep. Overdorf requires counties and cities to address the contamination of recyclable materi- al in contracts entered into for the collection, transport and processing of residential recycling materials. Such contracts must define "contaminated recyclable material" in a manner that is appropriate for the local community, accounting for available markets and other relevant factors, and include terms and conditions to define and reduce levels of contamination. Additionally, the bill provides that a recyclable materials collector or facility is not required to collect, transport or process "contaminated recyclable material," as defined in the applicable contract. In the final House committee stop, a section was added imposing a five-year moratorium on local regulations of single -use plastic straws. On the House floor, an OPPAGA study was added in conjunction with the moratorium. Two Senators attempted to strip the moratorium and make the prohibition prospective only, but those efforts failed. 92 13 Summary Information Regarding Significant Legislation Legislation Passed Red Tide SB 1552 by Sen. Gruters establishes the Florida Red Tide Mitigation and Technology Development Initiative as a partnership be- tween the Fish and Wildlife Conservation Commission's Fish and Wildlife Research Institute and the Mote Marine Laboratory. The goal of the initiative is developing technologies and other approaches to mitigate the impacts of red tide. Property Development HB 7103 (Property Development) by the House Commerce Committee and Rep. Fischer, in its final iteration, makes various chang- es to growth management law, including sections on inclusionary housing ordinances, development approvals, impact fees, and private providers. The bill passed by a 26-13 vote in the Senate and 66-42 vote in the House. Specifically, the bill: Allows counties and cities to adopt and enforce inclusionary zoning ordinances but requires them to provide incentives to fully offset the costs to the developer of its affordable housing contribution. Incentives include, but are not limited to, density or intensity bonuses or reduced/waived fees. Originally, the bill would have prohibited inclusionary housing policies. Requires a county or city, upon receiving an application for approval of a development order or permit, to review the application for completeness within 30 days. An applicant will have an additional 30 days to address deficiencies in the application, if identified by the county or city. A city or county then has 120 days to approve, approve with conditions, or deny the applica- tion. For applications requiring final action through a quasi-judicial or public hearing, the county or city would have 180 days to approve, approve with conditions, or deny. The parties may agree to extend the time frame requirements in this subsec- tion. Revises the statute on tolling and extension of permits and other authorizations to provide that time is extended only during declared states of emergency for natural (i.e. weather-related) emergencies. Expands the scope of work for private providers who review site plans and inspect buildings and provides that local governments may not charge fees for inspections if a private provider is used; however, the local government may charge a reasonable adminis- trative fee. Impact Fees HB 207 (Impact Fees) by Rep. Donalds provides that local governments may not require the payment of impact fees prior to the issuance of a building permit for the property subject to the fee. The bill also amends the Impact Fees statute to codify the dual ra- tional nexus test, the legal standard used by courts to determine whether an impact fee is appropriate. Specifically, the test requires impact fees to have: 1) a reasonable connection between the need for new development or construc- tion and the population growth generated by the project; and, 2) a reasonable connection between the local government's expendi- ture of impact fee collections and the benefits accruing to the new development. The bill does specifically exempt water and sewer connection fees from the new provisions. 93 14 Summary Information Regarding Significant Legislation Legislation Passed 911 Services HB 441 (E911 Systems) by Rep. Dubose requires each county to develop a plan to implement countywide text -to -911 service and, by January 1, 2022, to enact a system that allows for text -to -911 service. The Marjory Stoneman Douglas High School Public Safety Commission reviewed the 911 and first responder dispatch communications related to the shootings that occurred at the school on February 14, 2018. Among other things, the Commission recommended that counties be required to develop and implement com- munications systems that allow direct radio communication between public -safety access points (PSAP) and first responders out- side the PSAP's normal service area to provide for more efficient dispatch of first responders. Currently, 35 counties in Florida provide fully active and operational text -to -911 service. By the end of this calendar year, an addi- tional 27 counties are expected to implement text -to -911 service. The remaining 5 counties have indicated an estimated completion date for text -to -911 service by the end of 2021. Recommendations of the Marjory Stoneman Douglas High School Public Safety Commission With a close party line vote (Senate: 22/17 House: 65/47) the Florida Legislature passed SB 7030 (Implementation of Legislative Recommendations of the Marion/ Stoneman Douglas High School Public Safety Commission), which contains a provision that would allow public school teachers to carry firearms in schools. - No Funding Changes Nonemergency Medical Transportation Services HB 411 (Nonemergency Medical Transportation Services) by Rep. Perez allows a transportation network company (TNC) to provide non -emergency transportation services (NEMT) to Medicaid patients if: the transportation network company is under contract with a Medicaid managed care plan; the transportation network company is under contract with a transportation broker that is under con- tract with a Medicaid managed care plan or the Agency for Health Care Administration; it receives referrals from a transportation broker contracted with a Medicaid managed care plan or the Agency for Health Care Administration. The federal government sets the minimum mandatory populations to be included in every state Medicaid program. The federal gov- ernment also sets the minimum mandatory benefits to be covered in every state Medicaid program. These benefits include Medicaid transportation services. Non -emergency medical transportation (NEMT) includes transportation services offered to health care con- sumers who face barriers getting to their medical appointments. Depending on the recipient's individual needs, NEMT services can range from taxis, city buses to air ambulances equipped for advanced life support. Firefighters SB 426 (Firefighters) by Sen. Flores allows firefighters who are diagnosed with certain cancers eligible to receive certain disability or death benefits. Specifically, in lieu of pursuing workers' compensation coverage, a firefighter is entitled to cancer treatment and a one-time cash payout of $25,000, upon the firefighter's initial diagnosis of cancer. To be entitled to such benefits, the firefighter must: Be employed full-time as a firefighter Be employed by the state, university, city, county, port authority, special district, or fire control district Have been employed by his or her employer for at least five continuous years Not have used tobacco products for at least the preceding five year Have not been employed in any other position in the preceding five years which is proven to create a higher risk for cancer In addition, the employer must provide coverage within an employer-sponsored health plan or through a group health insurance trust fund. The employer must timely reimburse the firefighter for any out-of-pocket deductible, co -payment, or coinsurance costs incurred due to the treatment of cancer. 94 15 Summary Information Regarding Significant Legislation Legislation Passed Local Tax Referenda: HB 5 Discretionary Sales Surtaxes) After passing out of the House and being taken up to the Senate, HB 5 (Discretionary Sales Surtaxes) was amended with language reflecting the Senate proposal, SB 336 (Local Tax Referenda) by Sen. Brandes, which requires a referendum to adopt or amend a local government discretionary sales tax to be held only during a general election. Additionally; a county will be required to furnish a copy of the ordinance or resolution to the Office of Program Policy Analysis and Governmental Accountability (OPPAGA) at least 180 days before the referendum. OPPAGA is then directed, within 30 days of receiving the ordinance or resolution, to procure a certified public accountant to conduct a performance audit. As originally filed, HB 5 would have required a two-thirds approval threshold for such referenda, to which FAC was opposed. This language was stripped by the Senate. On the final day of the regular Session, the substance of a separate bill that imposes addition- al requirements for the citizen initiative process for amending the state constitution was also added to HB 5. 95 16 Summary Information Regarding Significant Legislation Legislation Failed HB 15 (Local Government Fiscal Transparency) by Rep. Burton would require significant additional notice requirements for con- sideration of tax increases and issuance of tax -supported debt. It requires local government to maintain a 5 -year voting record of every vote on an action that would result in a tax increase or new debt; requires additional notices must be provided on the web. The bill would require additional public hearings: a preliminary public hearing must be held 14 days prior to the public hearing to vote on a tax increase or issuance of new debt and the public hearing to take the action must be noticed by a quarter page ad in a newspaper of general circulation with a newly created notice inconsistent with the existing notice requirements for ordinances. It creates a "debt affordability ratio" that must be calculated and included in notices. This bill passed the House on April 11. Companion bill, SB 1350 (Local Government Fiscal Transparency), was not heard in any Senate committee. HB 7053 (Taxation Transparency) by the House Ways & Means Committee was heard in its final committee on Thursday, April 4; but was never heard on the House floor or in Senate Committee. The bill would re -designate several state and local revenue sources, requiring the names of those source to be changed from "fee" to "tax." The bill would require the following local revenue source re -designations: Special assessments or non -as valorem assessments would be retitled "special benefit tax"; Impact fees and mobility fees would be retitled "development impact tax"; Franchise fees would be retitled "franchise tax"; Charges to pay the cost of regulation must be titled "in a manner reasonably consistent with the type of regulation and change in question." The bill was amended to more explicitly state that it does not affect a county's power under the constitution to impose non -tax levies and expresses the Legislature's intent that such levies only be "titled and represented to the public as taxes." It was also amended to clarify that the bill is not intended to affect existing case law and to require notices under s. 197.3635 to notice proposed or adopt- ed "non -ad valorem assessments and special benefit taxes." HB 3 (Preemption of Local Professional and Occupations Regulations and Licensing) The bill included a broad preemption of any local government licensing requirements that are not expressly authorized by law and most special licenses. Vacation Rentals SB 824 (Private Property Rights of Homeowners) by Sen. Diaz and HB 987 (Public Lodging Establishments) by Rep. J. Grant would have preempted regulation (inspection, licensing, occupancy limits) of short-term rentals to the state and would have required local ordinances to apply uniformly to all residential properties. Additionally, the bills would have removed the grandfather clause allowing for more stringent regulations in grandfathered local government. Water Quality Major water quality legislation did not pass this year, although both chambers proposed various legislation relating to septic tanks, wastewater treatment, biosolids, basin management action plan (BMAP) requirements, and sewage spill notification requirements. While there was movement on a consolidated water quality package late in session, ultimately nothing substantive made it across the finish line, although the final budget does include funding for various water quality improvement measures. FAC expects many of these issues to return next Session. 96 17 SUMMARY GENERAL APPROPRIATIONS ACT (GAA) 2019-2020 The Florida Legislature passed the General Appropriations Act (GAA) for State Fiscal Year 2019-2020 on May 4th, after extending the Legislative Session for one day to allow for completion of the required 72 -hour "cooling off' period. The "State Budget" as it is known, and associated conforming and implementing legislation, are all subject to approval by the Governor, who can veto either the entire budget, entire bills, or individual spending items. The Legislature can override the Governor's vetoes with a two-thirds vote each in the Senate and the House of Representatives. Budget Comparison by Section (In Millions) `G/t& Final Pre -Veto $Difference 96 Difference SFY 2019 SFY 2020 SFY 19 vs. SFY 20 SFY 19 vs. SFY 20 Section 1. Education 2428,846,515 2,086,600,000 (42,246,515) (1.98%) Section 2. Education 23,129,651,213 23,959,000,000 829,348,787 3.59% Section 3. Health and Human Services 37,140,846,008 37,667,500,000 526,653,992 1.42% Section 4. Criminal Justice and Corrections 4,669,736,640 4,870,100,000 200,363,360 4.29% Section 5. Natural Res. / Environment / Growth / Transportation 14.838,086,425 14,758,000,000 (80,086,425) (0.54%) Section 6. General Government 6,281,093,964 7,210,300,000 929,206,036 14.79% Section 7. Judicial Branch 539,273,587 555,000,000 15,726,413 2.92 0 Total Budget 88,727,534,353 91,106,500,000 2,378,965,647 2.68% `Adjusted for Vetoes and Suppfernentots The Legislature's proposed budget for State Fiscal Year 2019-2020 totals approximately $91.1 billion, and represents a $2.3 billion increase over the current year budget. The chart below summarizes a comparison of the current year 2018-19 State Budget and the proposed State Budget for 2019-2020 which will begin on July 1, 2019. 97 18 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services DEPARTMENTAL MATTERS BCC Meeting 05-14-2019 Date: To: Thru: May 06, 2019 The Honorable Board of County Commissioners Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator From: Kevin Kirwin, Director Parks & Conservation Resources Subject: Staff Report and Update to the Indian River County Board of County Commissioners - Pickleball in Indian River County, Florida BACKGROUND: At the March 26, 2019 Board of County Commissioners Meeting, Ms. Mari Colacino, President of Pickleball University, Inc. a 501(c) (7) operating at the City of Vero Beach's, Pocahontas Park made a presentation as a public discussion item on the state of pickleball in Indian River County and the growing demand for public pickleball courts. During her presentation, Ms. Colacino acting on behalf of the board and membership of Pickleball University, requested that the funding for a pickleball complex be made available sooner than currently planned for in the FY2021/22 Capital Improvement Element. The discussion followed a previous presentation to the Board of County Commissioners on June 19, 2018 from Mr. Ken Roberts regarding the high demand and lack of availability of pickleball courts in Indian River County. During the discussion at the March 26 Commission Meeting, the Board requested that staff come back to the Board in four to six weeks with their findings and recommendations. ANALYSIS: As presented and discussed during the two presentations at Commission meetings, pickleball is a paddle sport that is played on a court with an area that is 20' x 44'. Pickleball can be played indoors or out of doors, singles and doubles. The number of recreational and competitive players has increased steadily over the last several years with a 12% growth reported by the Sports and Fitness Industry Association (SFIA) from 2017 to 2018 in their most recent report. Currently the Indian River County Recreation Division, is offering public indoor pickleball three days a week on six indoor courts in the gymnasium at the Intergenerational Recreation Center. Pickleball University has made an offer to the County to convert one of the two existing outdoor tennis courts at Dick Bird Park to four pickleball courts. The City Of Vero Beach has twelve public pickleball courts converted from the tennis courts at the Pocahontas Park. Six of these courts are in poor condition and Pickleball University received permission from the City of Vero Beach Council during their April 2, 2019 meeting to raise up to $180,000 to make pickleball court improvements at Pocahontas Park. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@500EBCC7\@BCL@500EBCC7.doc 98 Page two May 6, 2019 Staff Report and Update to the Indian River County, Board of County Commissioners - Pickleball in Indian River County, Florida The City of Sebastian currently has two tennis courts overlaid with pickleball court lines at Schumann Drive Park, with plans to develop an eight court pickleball complex in the vicinity of their golf course by spring 2020. There are also private pickleball courts located throughout Indian River County with access to courts restricted to the residents and guests of the respective private communities. The president and board members of Pickleball University and County staff immediately met following the March 26 Board of County Commission meeting and also held a subsequent meeting in order to reach a consensus on a proposed plan of action for the development of a pickleball complex at Dick Bird Park. The agreed upon outcome of these meetings was that staff would present an update to the Indian River County, Board of County Commissioners seeking approval and work with the County Administration to accelerate funding for the initial design phase of the pickleball complex development. FUNDING: The current FY 2018/19 Indian River County Comprehensive Plan, Capital Improvement Element adopted on December 4, 2018, plans for funding in FY 2021/22 for a New Pickleball Complex at Dick Bird Park in the amount of $450,000. The CIE identifies Park Impact Fees as the funding source for this project. Park Impact Fee funds are currently available in the amount of $50,000 to provide funding for completion of site plans, construction plans, permitting and construction estimates for a pickleball complex at Dick Bird Park. RECOMMENDATION: Staff recommends that $50,000 of the $450,000 in FY 2021/22 be moved forward in order to complete site planning, construction plans, permitting and construction estimates for a pickleball complex at Dick Bird Park. Staff proposes to include this request in FY 2019/20 of the next regularly scheduled update to the Capital Improvement Element. ATTACHEMENTS: Capital Improvement Element for Parks and Recreation, Indian River County Comprehensive Plan Adopted December 4, 2018. DISTRIBUTION: Mike Redstone, Manager Recreation Division Bill Schutt, AICP, Senior Economic Development Planner, Long Range Planning APPROVED AGENDA ITEM FOR MAY 14, 2019 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@500EBCC7\@BCL@500EBCC7.doc 99 Comprehensive Plan Capital Improvements Element Parks and Recreation Revenue FY 2018/19 FY 2019/20 FY 2020121 FY 2021/22 FY 2022/23 Total Optional Sales Tax 5675,760 5850,000 5300,000 S100,000 5100,000 52,025,760 Park/Rccrcation Impact Fees 51.035.000 5750,000 5600,000 51,500,000 51,000,000 54,885,000 Library Impact Fees 5243,357 S291,913 5111,188 SO SO 5646,458 User Fees + Intcrfund Loan SO SO SO 5800,000 50 5800,000 Windsor Fund S700,000 SO SO SO 50 5700,000 Fairgrounds Improvement Fund SO 5100,000 5150,000 S250.000 50 5500,000 16th Street Ballftetd Sale 5246,500 SO SO SO SO 5246,500 Total Revenue 52,900,617 51,991,913 SI,161,188 52,650,000 SI,100,000 59,803,718 Expenditures FY 2018/19 FY 2019/20 FY 2020/21 FY 2021/22 FY 2022/23 Total Retinue Source Fully Funded? Priority Ranking 1 = Highest Marty, 5 .- Lowest Priority Notes Sandridge Clubhouse Renovations to Kitchen and Seating Area 50 SO 50 5800,000 SO 5800,000 User Fees + lmcrfund Loan Yes 4 Library Collection Expansion Program 5243,357 5291,913 5111.188 50 SO 5646,458 Library Impact Fees Yes 1 Victor Hart Sr. Complex (Fko Gifford Park) Drainage and Parking Improvements (GNP Action 13.2) S600,000 SO SO SO SO 5600,000 Optional Sales Tax Ycs 1 Improvements to Hosic-Schumann Park -(GNP Action 13.1) 575,760 SO SO SO SO 575,760 Optional Sala Tax Ycs I 58th Avenue Ballfields Renovation & Addition 5700,000 SO 50 SO 50 S700,000 Windsor Fund . Yes I 58th Avenue Ballfields Renovation & Addition 5246,500 SO . SO SO SO 5246,500 16th Street Ballfield Sale Ycs 1 58th Avenue Ballficlds Renovation & Addition S850,000 SO SO 50 SO 5850,000 Park/Recreation Impact Fees Yes 1 Victor Han Sr. Complex (Flat Gifford Park) Rcstroom/Conccssion Bldg/Playground Expansion 50 5100,000 5200,000 50 SO 5300,000 Park/Recreation Impact Fees No 2 Anticipate applying for Florida Recreation Development Assistance Program, DEO, other grants Dale Wimbrow Park & Donald MacDonald Campground Septic to Sewer Improvement/Campground Enhancement $0 5700,000 50 SO SO S700,000 Optional Sales Tax Yes 1 Anticipate applying for St. Johns River Water Management and DEP grants Hobart Park New Restroom/Connection to Setver/Park Facility Expansion 5185,000 5300,000 SO SO SO 5485,000 Park/Recreation Impact Fees Yes I Hoban Park Replacement Playground & Park Improvements SO 5150,000 SO 50 SO 5150,000 Optional Sala Tax Yes 1 Possibly apply for FRDAP playground grant Fairgrounds Ag Pay. Handwashing stations, Improvements to Wastewater & Retractable Shade Screen SO 5100,000 SO SO 50 5100.000 Fairgrounds Improvement Fund Yes 2 Fairgrounds Midway Restroom - New SO SO SO 5300,000 50 5300,000 Park/Recreation Impact Fees Yes 2 FairgrotmdsMidwayRcstroom -Ncw SO SO 5150,000 SO SO 5150,000 FairgroundsImprovement Fund 'Ycs 2 Continued on Next Page Community Development Department Adopted December 4, 2018, Ordinance 2018-025 Page A-7 Comprehensive Plan Capital Improvements Element Expenditures FY 2018/19 _ FY 2019/20 FY 2020/21 FY 2021/22 _ FY 2022/23 Total Revenue Source Fully Funded? Priority Ranking 1= Highest Prlarty, 5 = Lowest Priority Notes Fairgrounds • RV Camping Expansion. SO SO 5250,000 5250,000 SO 5500,000 Park/Recreation Impact Fees No 3 Annual Balance Fairgrounds - RV Camping Expansion SO SO SO 5250,000 50 5250,000 Fairgrounds Improvement Fund No 3 Norah County Soccer Ncw Restroom/Concession Building, Lights SO 5350,000 SO SO 50 5350,000 Park/Recreation impact Fees No 5 Possible partnership with Sebastian Soccer Association Blue Cypress Additional Restroom .. SO SO 5150,000 SO SO 5150,000 Park/Recreation Impact Fees No 3 Future Park Facility Expansion Needs SO SO SO 5500.000 SO 5500,000 Park/Recreation Impact Fees No 4 Parks Pavilion and Restroom Roof Replacements SO 50 5200.000 50 SO S200,000 Optional Sales Tax Yes 1 New Pickleball Complex -S County Park SO SO 50 S450.000 SO 5450,000 Park/Recreation Impact Fees No 4 Anticipate applying for FRDAP Grant West County Regional Park SO 50 SO SO 51,000,000 51,000.000 Park/Recreation Impact Fees No 5 Opportunity to apply for Land & Water Conservation Fund and FRDAP Parks Playground Improvements/Replacement/Sun . Shades 50 SO 5100,000 $100,000 5100,000 5300,000 Optional Sales Tax No 1 Possibly apply for FRDAP playground grant & American Academy of Dermatology Grants Total Expenditures 52,900,617 51,991,913 51,161,188 52,650,000 51,100,000 59,803,718 Comparison of Expenditures to Revenue FY 2018/19 FY 2019/20 FY 2020/21 _ FY 2021/22 FY 2022/23 Total Total Revenue 52,900,617 51,991,913 51,161,100 , 52,650,000 51,100,000 59,803,718 Total Expenditures 52,900,617 51,991,913 '- 51,161,188 52,650,000 51,100,000 59,803,718 Annual Balance 50 SO 50 SO SO SO Continued on Next Page Community Development Department Adopted December 4, 2018, Ordinance 2018-025 Page A-8 Kaci Departmental Item INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: To: From: Subject: May 3, 2019 Jason E. Brown, County Administrator Vincent Burke, P.E., Director of Utility Services Modifications to Septic Hauler Agreement for the Residuals Dewatering Facility BACKGROUND On May 23, 2017, the Indian River County Board of County Commissioners (BCC) approved the Indian River County Department of Utility Services (IRCDUS) request to implement the Application and Agreement for Disposal of Septage, Food Establishment Sludge and Portable Restroom Wastewater (Agreement) with Indian River County Septage and Food Residual haulers that use the Indian River County Residuals Dewatering Facility (RDF). ANALYSIS: Per BCC direction in the May 2, 2017 meeting, the RDF immediately ceased accepting out -of -county waste from non -Indian River County haulers and no longer accepted any out -of -county waste from Indian River county haulers as of June 1, 2017. Since the stoppage of out -of -county wastes being received and processed at the RDF, the downstream West Regional Wastewater Treatment Facility (WRWWTF) has returned to operating within permit compliance, with the characteristics of the influent to the WRWWTF now falling within facility design parameters. The original format of the Agreement has been in place since May 2017 without having received any updates. During that timeframe, IRCDUS staff have ensured hauler compliance with the Agreement. Annual review of the Agreement prior to renewal offerings afforded staff an opportunity to address items in the Agreement where minor changes to the language in the Agreement will allow staff to more thoroughly track the product that is being delivered to our facility. In addition, proposed language changes will also more clearly detail disposal procedures at the RDF. The requested changes are detailed below. Proposed Modifications to the Agreement Requirements of Acceptance Section: • Change to #8.a. — American Express is now accepted so the sentence "Please note, American Express is not accepted" will be deleted. • Addition of #13 - Haulers must abide with all requirements by IRCDUS, as well as remain compliant 102 Page 1of2 C:\Users\legista r\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@200E0271\@BCL@ 200E0271.docx Departmental Item with applicable sections of Florida Administrative Code 64 E-6 (Standards for Onsite Sewage Treatment and Disposal), in addition to any state or local regulatory requirements. Disposal Procedures Section: • Addition to #2 - Portable Restroom and Portable or Stationary Holding tank waste deliveries must be accompanied with a route sheet that details the location address that the product was collected. The route sheet must be included with the manifest sheet at the time of delivery. • Change to #4 - Offloading of hauled wastes is to be done at a rate no higher than what IRCDUS has set the equipment for. Any tampering with receiving equipment constitutes a violation of the terms of the contract and will be subject to termination of dumping privileges and reimbursement of any costs associated with the repair and/or replacement of receiving equipment. • Addition to #7 - Violations of the Agreement do not sunset at the end of the Agreement and are cumulative. FUNDING: Any fines incurred once this agreement goes into effect will go into the Utilities Operating Fund. ACCOUNT NAME ACCOUNT NUMBER AMOUNT Septage/Sludge Disposal 471034-343470 Variable RECOMMENDATION Staff recommends that the Indian River County Board of County Commissioners approve the requested changes to the Application and Agreement for Disposal of Septage, Food Establishment Sludge and Portable Restroom Wastewater. Staff requests that the implementation of the changes take effect June 1, 2019. ATTACHMENTS: 1. Draft of Application and Agreement—June 2019 2. Blank Portable Restroom/Holding Tank Route Sheet 103 Page 2 of 2 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@200E0271\@ BCL@200E0271.docx INDIAN RIVER COUNTY APPLICATION AND AGREEMENT FOR DISPOSAL OF SEPTAGE, FOOD ESTABLISHMENT SLUDGE AND PORTABLE RESTROOM WASTEWATER Date: Applicant: Contact Name: Street Address: City, State, Zip: Business Phone: After Hours Phone: E-mail: Website: Number of trucks: Total estimated monthly disposal volume or tonnage: Under this Application and Agreement for Disposal of Septage, Food Establishment Sludge and Portable Restroom Wastewater (Agreement), Indian River County will accept, for treatment and disposal process, wastewater from septage, food establishment sludge and portable restroom wastewater. The applicant desires to dispose of process wastewater in accordance with current regulations. REQUIREMENTS OF ACCEPTANCE 1. All vehicles used must meet state and federal regulations governing transport of waste liquid on public roadways. 2. Applicants must provide a copy of their Indian River County Occupational License and their Florida Department of Health operating permit. 3. Applicant is responsible for any damages to Indian River County property or injuries to Indian River County personnel arising from the Applicant's disposal activities. Applicant shall defend, hold harmless and indemnify Indian River County with respect to any and all actions, causes of action, liabilities, losses, damages or expenses (including reasonable attorneys' fees) arising out of or relating to any negligence, intentional misconduct, breach of the requirements set forth herein, or breach of applicable law by Applicant in conjunction with any of the activities described herein. 1 104 INDIAN RIVER COUNTY APPLICATION AND AGREEMENT FOR DISPOSAL OF SEPTAGE, FOOD ESTABLISHMENT SLUDGE AND PORTABLE RESTROOM WASTEWATER 4. Applicant must have approval from the Indian River County Department of Utility Services (IRCDUS) prior to delivery at the Residual Dewatering Facility located at 1325 74th Ave SW, Vero Beach, FL 32968. 5. The only accepted wastes under this Agreement shall be septage, food establishment sludge and portable restroom wastewater. All other waste shall be prohibited under this Agreement. The wastes can only include septage, food establishment sludge and portable restroom wastewater generated within Indian River County. 6. Violation of Item 5 shall be subject to the following penalties: The first violation is subject to a fine of $500. The second violation is subject to a fine of $1,500. A third violation shall find this Agreement null and void with privileges to use the facility revoked. 7. This Agreement shall be renewed on an annual basis, with the hauler applying 30 days prior to the end of the term year. A standard term year is from June 1st to May 315t 8. PAYMENTS, CHARGE ACCOUNT & BILLING. a. The Indian River County landfill accepts cash, checks and credit cards for payments; alternatively, a charge account is available.) lease note, American Express is not accepted. b. A $500 cash or surety bond is required to use checks. c. A minimum of $2,000 cash or surety bond is required to setup a charge account. This establishes a credit limit. If at any time the account balance exceeds the credit limit, the account will go on hold. To avoid disruption, it is recommended that the bond reflect two months of activity. d. Bills for monthly charges and fees are due on the 20th day from the date of the invoice. If any monthly bill remains unpaid on the 21' day of the month for such service, a penalty shall be imposed and added to the invoice in the amount of two dollars ($2.00) plus one and one-half percent (1%A%) interest monthly. e. Non-payment within thirty (30) days, credit is stopped (placed on hold). f. Non-payment within forty-five (45) days shall be grounds to terminate the acceptance of wastewater for treatment. g. Non-payment within sixty (60) days, the Cash or Surety Bond shall be utilized to satisfy the payment of the amount due including interest or any cost associated with collection. Collection of any remaining monies due shall be pursued as provided by law and may be grounds for legal action. 9. Prior to any disposal activity, the Applicant will provide to Indian River County at the time of application a certificate(s) of insurance verifying auto liability insurance with combined limits for bodily injury and property insurance in an amount no less than $300,000 per occurrence. Indian River County shall be named as additional insured. Insurance must remain in effect and a current certificate be kept on file with Indian River County. 10. The Applicant shall not assign any interest in this application and agreement and shall not transfer any interest without the prior written consent of the County. 2 105 INDIAN RIVER COUNTY APPLICATION AND AGREEMENT FOR DISPOSAL OF SEPTAGE, FOOD ESTABLISHMENT SLUDGE AND PORTABLE RESTROOM WASTEWATER 11. The current disposal fees are $15.00 per wet ton of wastewater, which rate is subject to change per approval by the Board of County Commissioners. 12. Indian River County reserves the right to cancel and terminate this Agreement and the right of Applicant to dispose of process wastewater at the Residuals Dewatering Facility in the event of a violation of the terms of this Agreement or a bypass or upset event. Indian River County also reserves the right to seek any other remedy at law or in equity in the event of a violation of the terms of this Agreement or a bypass or upset event. 13. Haulers must abide with alt requirements by IRCDUS, as well as remain compliant with applicable sections of Florida Administrative Code 64 E-6 (Standards for Onsite Sewage Treatment and Disposal), in addition to any state or local regulatory requirements. DISPOSAL PROCEDURES 1. Disposal services are open to customers with active accounts between 7 am and 5 pm, 7 days per week. The Residual Dewatering Facility is closed on New Year's Day, July 4th, Labor Day, Thanksgiving Day and Christmas Day. 2. Each vehicle must weigh-in and weigh -out at the scalehouse, and each load of wastewater must be accompanied by an accurate and complete Septage Manifest Log Sheet attached hereto as Exhibit "A". Portable Restroom and Portable or Stationary Holding tank waste deliveries must be accompanied with a route sheet that details the location address that the product was collected. The route sheet must be included with the manifest sheet at the time of delivery. 3. Applicant shall submit a Safety Data Sheet (SDS) prior to the delivery of the first load of any chemicals used in portable restroom wastewater treatment or changes in chemicals or products used. 4. The off loading of the truck must be regulated so as to distribute the load over a minimum of a 20 4. Offloading of hauled wastes is to be done at a rate no higher than what IRCDUS has set the equipment for. Any tampering with receiving equipment constitutes a violation of the terms of the contract and will be subject to termination of dumping privileges and reimbursement of any costs associated with the repair and/or replacement of receiving equipment. 5. Discharge may be sampled by Indian River County at any time to test the characteristics of the discharge. a. pH must be between 5.5 to 9.5 s.u. to be accepted. 6. All drivers shall enter waste discharge bays in a manner that accommodates other trucks waiting to dispose of wastewater. 7. All spilled waste in paved discharge areas must be hosed down after every disposal of wastewater. If the areas are not hosed down and the site is left a mess, the following penalties shall apply: the first violation is subject to a clean-up fee of $250. The second violation is subject to a clean-up fee of 3 106 INDIAN RIVER COUNTY APPLICATION AND AGREEMENT FOR DISPOSAL OF SEPTAGE, FOOD ESTABLISHMENT SLUDGE AND PORTABLE RESTROOM WASTEWATER $750. These fees will be added to your account. A third violation shall find this Agreement null and void with privileges revoked. Violations of the Agreement do not sunset at the end of the Agreement and are cumulative. 8. Wash hoses must be coiled and hung back on hose rack after each use. 9. Vehicle vacuum pump oil blow -down discharge is strictly prohibited. 10. In the event of malfunction that may prohibit off-loading, you will be notified and assisted in finding an alternate method or location for dumping if this occurs. County Contact Richard Meckes Wastewater Superintendent Indian River County Department of Utility Services 4350 41S Street Vero Beach, FL 32967 (772) 226-3423 rmeckes@ircgov.com I have read and understand the requirements set forth in this application and agreement. Signature Title Date Signature, Director, Indian River County Department of Utility Services Per Resolution 2017-052 Date 4 107 INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES Portable Restroom/Holding Tank Route Sheet Date Customer . Address Gallons c(\, 1-1\\\,\ \ \. ,---",----- S 0 \ 7- ) 11.2.\.\-- \V- \\,..._____,,i,,,i `I 108 /3/ Attorney's Matters - B.C.C. 05.14.19 Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: April 24, 2019 SUBJECT: County Attorney's Annual Employment Agreement My current employment agreement expires on July 1, 2019. 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 proposed agreement, and decide whether to approve the agreement and authorize the Chairman to sign it. ATTACHMENT(S). Proposed County Attorney Employment Agreement C: I UsersllegistarUppDatalLocallTempIBCL TechnologiesleasyPDF 81@BCL@500E93E41 @BCL@500E93E4. docx 109 COUNTY ATTORNEY EMPLOYMENT AGREEMENT THIS AGREEMENT ("Agreement") is entered into as of , 2019, by and between the Board of County Commissioners of Indian River County, a political subdivision of the State of Florida ("Board of County Commissioners") and Dylan T. Reingold ("County Attorney"). WHEREAS, the Board of County Commissioners desires to employ the County Attorney, and the County Attorney desires to accept such employment, as the County Attorney for Indian River County, Florida ("County"), in accordance with the terms and conditions set forth herein, NOW, THEREFORE, in consideration of the mutual undertakings herein, and other good and valuable consideration, the parties agree, as follows: 1. Recitals. The above recital is true and correct, and is incorporated herein. 2. Employment. The Board of County Commissioners hereby employs the County Attorney, and the County Attorney hereby accepts such employment, as the County Attorney for Indian River County, Florida, for a term of one year commencing July 1, 2019 ("Commencement Date"). Such employment shall be full-time and exclusive; the County Attorney shall not perform compensated legal work for any other person or entity, without the approval of the Board of County Commissioners. 3. Duties. The County Attorney shall report directly to, and shall be under the direction of, the Board of County Commissioners, which shall determine the specific duties and matters to be undertaken by the County Attorney. The primary duty of the County Attorney shall be to provide legal advice and support to the Board of County Commissioners. In addition, the County Attorney shall (a) provide legal advice and support to the County Administrator, and the administrative departments of the County, (b) provide legal advice and support to the other commissions, boards, councils and committees of the County, (c) manage the County Attorney's Office to ensure that resources of the office are applied efficiently and responsibly, (d) prepare an annual budget for the County Attorney's Office, and (e) hire, promote, demote or dismiss all employees of the County Attorney's Office in accordance with the personnel rules of the County or, if applicable, the employee's contract or the provisions of the Code of Indian River County. All legal advice and support shall be provided in a professional, competent and timely manner. 4. Ethical and Legal Standards of Conduct. The County Attorney shall comply with (a) the Rules Regulating the Florida Bar, including, without limitation, the Rules of Professional Conduct, (b) generally accepted ethical standards for the practice of law, and (c) all other applicable federal, state and local laws, rules or regulations applicable to the practice of law. In addition, the County Attorney shall comply with all federal, state and local criminal laws, and shall refrain from committing any act which, in the sole opinion of the Board of County Commissioners, adversely reflects on the County or its reputation, is contrary to the best interests of the County, or would be the basis for employee discipline under AM 801.1 of the Administrative Policy Manual ("Behavior of Employees"). The County Attorney shall notify the Board of County C:IUsersllegismrlAppDamV,ocallTempIBCL TechnologieslcasvPDF 81@BCL@580E14131@BCL@580E1413.docs 1 110 Commissioners within three days of being formally charged by law enforcement, the State Attorney, the Florida Bar, or any other such entity, with conduct violating the rules, standards or laws set forth above. 5. Salary. The County Attorney shall be paid an annual salary of $165,948.12 payable in 26 bi-weekly payments of $6,382.62, adjusted for required deductions. The County Attorney's salary shall be increased by any general or cost -of -living increases granted to other full- time, non -contract employees of the County; provided, however, that such increase shall not take effect earlier than six months after the Commencement Date, for increases occurring during the initial term. 6. Benefits. Except as modified herein, the County Attorney shall receive the same benefits as are available to full-time, non -contract employees of the County. In addition, (a) the County Attorney shall receive fifteen days of vacation annually, calculated from the Commencement Date or the annual anniversary date of employment; provided, however, that if the County Attorney's employment terminates for any reason at a time when the County Attorney has taken more vacation days than have accrued at the rate of 9.375 hours per month, the County Attorney shall reimburse the County for the overused vacation days, which amount may be deducted from the County Attorney's final paycheck(s), (b) the County shall pay a car allowance in the standard amount for senior County employees receiving a car allowance, (c) the County shall pay for the cost of Continuing Legal Education necessary for the County Attorney to maintain good standing in the Florida Bar, or to maintain legal specialty certification(s), or otherwise as determined necessary and appropriate by the County Attorney to perform the duties set forth herein. The cost of Continuing Legal Education shall include travel, lodging and expenses, in accordance with §112.061, Florida Statutes, (d) the County shall pay the County Attorney's Florida Bar dues (including section fees), Indian River County Bar Association dues, and Florida Bar certification or recertification fees, and (e) the County Attorney shall be included in the "Senior Management Service Class" of the Florida Retirement System. 7. Renewal. This Agreement is not a continuing contract and shall not automatically renew upon expiration of the initial or any subsequent term; rather, this Agreement shall only be renewed by execution of a renewal agreement by both parties. Each year, the County Attorney shall schedule the renewal of his/her employment agreement as an item for consideration by the Board of County Commissioners at a meeting to be held no later than 30 days prior to expiration of the then -existing term of the agreement. 8. Termination. A. Either party may terminate this Agreement for any reason upon 30 days written notice to the other party. Upon termination, expiration or non -renewal of this Agreement for any reason, the County shall not be obligated to pay, and the County Attorney waives any right to receive payment for, any unused, accrued vacation or sick time, any severance payment, any health insurance premiums, or any other form of payments, other than payment of salary through the final day of employment; provided, however, that this subsection shall not be construed to deprive the County Attorney of any earned benefits under the Florida Retirement System, or similar deferred income or retirement programs. C:IUsersllegismrlAppDamlLacallTempIBCL TecPorologicsleasvPDF 81QBCL@580E14131 BCLQ580E1413.docs 2 111 B. Notwithstanding the requirement of 30 days written notice set forth above, the Board of County Commissioners may terminate the County Attorney's employment immediately, upon a finding by the Board of County Commissioners of good cause. For the purposes of this section, the term "good cause" shall mean any of the following: (a) loss by the County Attorney of his/her right to practice law in the State of Florida, (b) gross negligence in the performance of any duties set forth in section 3 above, or repeated failure to perform such duties in a professional, competent or timely manner, or (c) reasonable cause to believe that the County Attorney has violated the terms and conditions of this Agreement, including, without limitation, the ethical and legal standards of conduct set forth in section 4 above. C. In the event that the Board of County Commissioners terminates the County Attorney for good cause, the County Attorney shall have the right to request a hearing before the Board, which shall be held as soon as reasonably possible. The County Attorney shall exercise such right by delivering written notice requesting a hearing to the Chairman of the Board, within five business days of the Board's decision to terminate for good cause. In the event that the County Attorney prevails in such hearing, the Board's decision to terminate for good cause shall automatically be deemed to have been a 30 day notice of teiriunation pursuant to subsection 7A above, and the County Attorney's sole remedy under this Agreement shall be payment of unpaid salary and benefits for the 30 day period following the Board's decision to terminate for good cause. D. Nothing in this section 8 shall be interpreted to prevent the Board of County Commissioners from imposing any other form of discipline short of termination, such as probation, suspension (with, or without pay), etc. 9. No Property Rights. The County Attorney shall not acquire any property rights in employment or continued employment as a result of this Agreement, but shall obtain only those contractual rights described herein. 10. Interpretation. This Agreement has been submitted to the equal review and scrutiny of both parties, and both parties agree that it fairly and accurately sets forth the terms of their agreement. In any dispute between the parties, the Agreement shall be given a fair and reasonable interpretation, without consideration or weight being given to the fact that it was initially prepared or drafted by any particular party. 11. Severability. Each provision of this Agreement is deemed to be separate and divisible. If any provision shall be held invalid, the remaining provisions shall remain in full force and effect. 12. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. 13. Jurisdiction and Venue. Exclusive jurisdiction and venue for any proceedings arising out of or relating to this Agreement shall be in the county or circuit court sitting in Indian River County, Florida. C:IUsersllegismrlAppDatalLocallTempIBCL TeclmologiesleasyPDF 81@BCL@580E14131013CL@580E1413.docx 3 112 14. Waiver of Jury Trial. EACH PARTY HEREBY KNOWINGLY AND INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY JURY OF ANY ISSUE ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT. ALL SUCH ISSUES SHALL BE RESOLVED BY NON -JURY TRIAL. 15. Amendment. This Agreement may be amended or modified only by subsequent written agreement signed by the County Attorney and the Board of County Commissioners. 16. Entire Agreement. This written Agreement constitutes the complete and final agreement of the parties. No prior or contemporaneous statements of the parties shall be binding or effective, unless set forth herein. IN WITNESS WHEREOF, the parties have caused this agreement to be duly executed at Vero Beach on the date set forth above. COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Dylan T. Reingold Bob Solari, Chairman Approved: Date approved by BCC: May , 2019 Jason E. Brown, County Administrator ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk CIUsersllegislarUppDalalLocallTempl8CL TechnologiesleasyPDF 81©BCL©580E14131 BCL@580E1413 do= 4 113 /3,4 Attorney's Matters - B.C.C. 05.14.19 Oce of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attomey William K. DeBraal, Deputy County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: May 8, 2019 SUBJECT: Pretrial Services BACKGROUND. St. Lucie County has a Pretrial Program which provides a number of different services, such as GPS monitoring, curfew and house arrest compliance, establishing exclusion zones and drug and alcohol testing. The pretrial program is utilized by judges as an alternative to having a defendant spend time before trial in j ail. St. Lucie County provides this service to Okeechobee County and Martin County. Martin County began the program in October 2018 for $248,000 for the year. Under the program, the Martin County Sheriffs Office provides the following: 1. Office space in the Martin County Courthouse along with a desk and chairs. 2. A vehicle in good serviceable condition with access to fuel, maintenance and insurance. 3. Three office phones. 4. Point of contact with Martin County Sheriffs Office. 5. Point of contact at the County jail. 6. Security Clearances for staff at the Courthouse and Jail. 7. Body armor, jackets, and flashlights for personnel. 8. Printer -Copier -Fax machine. Paper, ink, supplies and maintenance. 9. Two cell phones. 10. Two HP EliteBook 840G3-15 8g cellular lap top computers with air card service. 11. Three work station computers and maintenance for same. Under the program, St. Lucie County provides the following: 1. One Senior Pretrial officer, One Pretrial Officer and One Case Manager. 2. Annual report and OPPAGA reports to Martin County Sheriff's Office. C l UsersllegistaMppDatalLomllTempIBCL TechnologiesleaxrPDF 81@BCLQ900D6D141@BCL@900D6D14.doar 114 Board of County Commissioners May 8, 2019 Page 2 3. Provide Roll Call training to law enforcement agencies in Martin County. 4. Will vet, hire, provide salary, benefits and supervise all personnel assigned to the program. 5. All GPS tracking equipment and monitors needed for the program. 6. Provide all training and certifications for personnel. It was estimated that the Martin County Sheriffs Office would save one million dollars based on 35 beds being used per day at $88.00 a day for each bed. That estimate did not take into account additional cases, being able to save on inmate medical or the possibility of involving the weekend inmate program. On April 24, 2019, the Indian River County Public Safety Council for Criminal•Justice, Mental Health and Substance Abuse (the "Council") heard a presentation about pretrial services from Roy Hudson, Criminal Justice Coordinator for the St. Lucie County Attorney's Office. At the meeting, Chief Judge Metzger, Judge Cox and Judge Morgan all expressed support for the program and the importance of public safety. The Council voted unanimously to support offering pretrial services in Indian River County and authorized the County Attorney to gather more information and present the matter to the Indian River County Board of County Commissioners (the "Board"). Since that time, I was able to obtain the interlocal agreement between St. Lucie County and Martin County for the provision of pretrial services, which is attached. Mr. Hudson has expressed his willingness to assist Indian River County in starting a separate program or by providing a proposal for a contract. Mr. Hudson noted that the services for Indian River County may slightly differ from the services provided to Martin County. A proposal would depend on his research and analysis of needs of Indian River County. The County Attorney's Office recommends that the Board authorize to the County Attorney's Office to work with the Indian River County Sheriff's Office and the St. Lucie County Pretrial Program on gathering a more definitive cost estimate for providing services in Indian River County. RECOMMENDATION. The County Attorney's Office recommends that the Indian River County Board of County Commissioners authorize to the County Attorney's Office to work with the Indian River County Sheriff's Office and the St. Lucie County Pretrial Program on gathering a more definitive cost estimate for providing services in Indian River County. ATTACHMENT(S). Pretrial Supervision Program Handout Interlocal Agreement between St. Lucie County and Martin County Memorandum from Ray P. Hudson to Sheriff William D. Snyder, dated June 11, 2018 115 Alternatives to Incarceration • Pretrial Supervision • Pretrial Diversion • GPS Monitoring 1 House Arrest Drug 1 Alcohol Monitoring Jail Overcrowding • Supervision of Hospital- ized Inmates • Sentencing Alternatives St. Lucie County BOCC Pretrial Supervisi a n Progr 218 South 2nd Street 229 Courthouse Addition Fort Pierce, FL 34950 Tel: 772-462-6772 Fax:772-462-1102 A Glance at the SLC Pretrial Program The St Lucie County Pretrial Program works under the direction of the County Attorney and the Criminal Justice Coordinator. The St. Lucie County Pretrial Program provides both pretrial and post -trial services. All cases are ordered by the Court to the Program and usually come from First Appearance Hearings, but others will be placed under supervision at Arraignment, Bond Reduction Hearings or Sentencing Hearings. Due to increasing costs of medical treatment of inmates, referrals are being made for court ordered supervision under the Pretrial Program. What we do: Pretrial Services: • GPS monitoring which includes total lockdown, curfew hours or monitoring (including exclusion zones in cases where there is a victim). • 2417 response to GPS alerts and other issues • Curfew and house arrest compliance is through field supervision • Field supervision and residence checks routinely done 7 days a week including nights and holidays. • Exclusion zones (with GPS) can be set up around a victim's residence, place of work, school etc. and restrict contact with the victim or harassment of the victim and areas of concern. • Pretrial Officers will do residence checks to insure compliance with court orders and to provide enhanced supervision on high risk cases. • Assistance with the removal of personal items from residence (Pretrial Officers coordinate with victim and law enforcement in the case of a "no contact order). • Drug and alcohol testing through the SLC County Drug Lab • Portable Breathalyzer for quick alcohol testing In the field. Post -Trial Services: • Select County Court cases (misdemeanor) can be sentenced to the Program for supervision, as an alternative to jail. All or part of the Pretrial conditions above can be ordered as a condition of probation. It#,40(1/ Public Safety: Public safety is the most important aspect of compliance with Pretrial and Post -trial orders. Pretrial supervision can reinforce "no contact" orders with the victims. Immediate incarceration will result if any threat to public safety (positive drug test, GPS violation, victim contact, etc.) with the assis- tance of law enforcement. The Pretrial Program will also provide and assist Law enforcement agencies with information regarding demographics, GPS tracks and current location of offenders under supervision. INTERLOCAL AGREEMENT FOR PROVISION OF PRETRIAL SERVICES This Interlocal Agreement is made this le) day of 2018, by and between the BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida ("St. Lucie") and the BOARD OF COUNTY COMMISSIONERS OF MARTIN COUNTY, ("Ma rti n"). WHEREAS, Martin has requested St. Lucie to provide pretrial services for pretrial defendants in Martin County; and, WHEREAS, St. Lucie has agreed to provide the services requested by Martin in accordance with the terms set forth herein. NOW, THEREFORE, in consideration of their mutual covenants and promises, the parties agree as follows: SERVICES: A. St. Lucie shall provide Pretrial Program services to the Martin as set out in Exhibit "A". 2. BILLING; RATES; PAYMENT: A. Quarterly Charges: St. Lucie shall bill Martin quarterly beginning on October 1, 2018, January 1, 2019, April 1, 2019 and on July 1, 2019 for services provided. The quarterly charge for the initial term of the Agreement is Sixty- two Thousand and 0/100 ($62,000) dollars per quarter. 3. STATUS OF THE PARTIES: The parties agree that St. Lucie is an independent contractor and is not an agent of the Martin for the purposes of this Agreement. The staff providing the Program services are under the control of St. Lucie. The point of contact for Martin shall be the Sheriff of Martin County. The point of contact for St. Lucie is the St. Lucie County Criminal Justice Coordinator. 4. TERM; TERMINATION: The term of this Agreement shall be from October 1, 2018, through September 30, 2019 and may be extended upon mutual agreement of the parties. Either party may terminate the Agreement without cause upon no less than sixty (60) days written notice to the other party. In addition, St. Lucie may terminate this Agreement for nonpayment by Martin with thirty (30) days prior written notice. In the event of termination, Martin will consider retaining the qualified employees of the Program. 1 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4484608 09/2712018 09:08:12 AM OR BOOK 4185 PAGE 233 • 236 Doc Type: AGR RECORDING: $35.50 118 Carolyn Timmann, Clerk of the Circuit Court & Comptroller Rec Fees: $35.50 CFN#2721018 BK 3022 PG 87 PAGE 1 of 4 wroomosLAGREEmmo. 'FORPROVOIPSZIF FRETRIAk$ERVAgs lhIs Interlocal •Aggegmenit 's. made: this I. xia 2Q18 by pad.. bet:We:en. the BOARD OF worm ovimissigixott.ioo the State ;of Florida Ludel •gra the 80:00 Of' COUNTY COMMISSIONER. OF MARTIN C00.0% riMArtlin: WHEREAS, Martin has requested St Lucie t� provide' Pretrial services fOr: pretrial tafendantsMattin COUhty; and,. • WHEREASiSt. Liitie±..has-agreeftp proy7cle,the seryices;requested by-Nlertirfineccordence witliztlie terra .NOW, THEREFORE, in conslucKatiron oftheir mutual covenants and; promisesythe parties agreaas folitnto: <r/2 .Vide: A. ttlucie shall provide- Peatlial .Progyam services tethe martin a'.S<.tiettititin .L.• 2. BILI:INGf•RATE.SiTAYMENTi Cluerterht-Oiarkes: St. Lucie .shall : bill Martin"..quarterly 0:eginninroh 'October 1, 2018. Sanuary 1, :MIR, April 1, 419 'aifii",.ctikply 1, 1019 fnr ,sanijcas- pravi-clad-, Thg,,qmprtgiiitOarge:kr. the initial ter,n of:the Agreement Is:$14y, wolti.a.us.pa51 ark.,410:4:00,02.00 ORat.s:ippr: artgr-I. $T01.1$ io THE PAItTitt: The, parties agree -that St. LuceF ::an independent contractor and 15.„ .60 an agent of the 'Martin for fKapurposes of thit: Agreement.. The .staff proVjding the Program are under the control ntSt Lucle The;13tiint..of aantaalor martin she be the Sheriff tout.in..Tha WO of Contact for St. Lucie is: the St. Lutie. County er.fhlillaUkistice tont.dinator. 4. TERM TERMINATION The term of this Agreement shall '15e from .October i, 2018,. :•thraUgh September:30„ 2019 and may be exten0e0P011-740t441.egreennent ofVie parUes Either party: May 'terminate: the Agreement without ause upon hp less than ioity OM, days written n,oticoo the other party in additIon:: St? 'Lucie .maytermingelhis:Agroartierit far nanpyrritrit. 'w1ths ;they: PO) ..daYA.plier 'written (lake. ih 'the event of Martin: Will carts4dor retaininVh.e. q.4iliffed:;aniplaytes. of the Program mo.s. ci:EasoPti:igt,t0uh: COURT smot.g.:CPutilY- • 1 44$50809127/2018 plOcaOR;tuis PAPEZA 1443. Aistie TiircIAGR> REbCiRDI5S.5.00. 119 5. NOTICES: AU notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to St. Lucie: St. Lucie County Administrator 2300 Virginia Avenue Third Floor, Administration Annex Fort Pierce, Florida 34982 If to Martin: Martin County Administrator 2401 S.E. Monterey Rd. Stuart, FI. 34996 With a copy to: St. Lucie County Attorney 2300 Virginia Avenue Third Floor, Administration Annex Fort Pierce, Florida 34982 With a copy to: Martin County Attorney 2401 S.E. Monterey Rd. Stuart, FI. 34996 Martin County Sheriff 800 Monterey Rd. Stuart, FI. 34994 6. ENTIRE AGREEMENT; AMENDMENT; RECORDING: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect hereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement and any subsequent amendments thereto shall be filed with the Clerk of the Circuit Court for Martin County, Florida and the Clerk of the Court for St. Lucie County, Florida prior to becoming effective. ATTEST: Deputy Clerk 2 BOARD OF COUNTY COMMISSIONERS ST. LUCIE • NTY, FLO'IDA B Chair APPRO, ' AS TO FORM ;ND CORRECTN S: Co/nty Attorn 120 ATTEST: Caro?yn.Timm nn, Clerk of the Circuit 'Courtand Comptroller _ri•jt SF0 BOARD FCOU MART TY COMMISSIONERS COUNTY, FLORIDA n APPROVED AS TO FORM & LEGAL SUFFICIENCY: Sarah.W. Woods, County Attorney 121 Exhibit "A" - Scope of Services (Pretrial Supervision for Martin defendants): St. Lucie County Pretrial Program will implement and provide Global Positioning Satellite (GPS) monitoring for pre-trial defendants in Martin County. The primary responsibility of St. Lucie County Pretrial is to provide complete, accurate, non -adversarial information to the courts allowing for an informed decision regarding the offender's suitability for release into the community, pending final disposition of charges. On a weekly basis the F.S. 907.043 "CITIZENS RIGHT -TO -KNOW ACT" report will be filed with the Martin County Clerk's office as required by law as well as the annual F.S. 907.043 "CITIZENS RIGHT -TO -KNOW ACT" report. In addition, a monthly Bed Day and potential cost savings (in lieu of county confinement) report will be submitted to the Martin County Administrator showing the savings for that particular month. Commencing on or after October 1, 2018, SLC Pretrial Supervision program will provide a full time staff of three (3) to be located in Martin dedicated to the needs and services of Martin thru September 30. 2019. The court has the authority under section 907.041, Florida Statutes, to release an arrested person on GPS/pretrial supervision if the facts and circumstances warrant such a release; and the Florida Rule of Judicial Administration 2.050(b) (8) to administer the pre-trial release program described in this interlocal agreement. St. Lucie County Pretrial Program will be charged with the responsibility of providing adequate staff to ensure delivery of services consistent with the needs of the offender. Delivery of case management services will address the following components: • Staff will meet with the defendant upon placement/release instructing him/her on the conditions of release ensuring a thorough understanding of same. During the interview process, it will be determined if the defendant may benefit from self -betterment programs such as substance abuse or mental health treatment, employment re-training and transportation needs. • Clear and accurate case notations will be maintained and recorded for all personal and telephonic contacts. A query of Clerk of Court computer system will be conducted for new arrests and arraignment dates. Offender will be notified prior to all upcoming court dates and will be required to report to the pretrial supervision office on a regular basis. • Staff will refer the defendants for urinalysis testing as directed by the court and conduct random breath analysis for presence of alcohol. Alcohol testing may be conducted in the field. All new violations of law and non-compliance with program conditions will be reported to the court via a written affidavit and request for detention order. Staff will process all pertinent paperwork with the Clerk of the Court and Sheriff's Office. 122 Memorandum Date: June 11, 2018 To: Sheriff William D. Snyder, Martin County Sheriff From: Roy P. Hudson, Criminal Justice Coordinator, St. Lucie County Re: Proposal for Pretrial Program Services for Martin County In response to your Request for Proposal for the Criminal Justice Division of St. Lucie County to provide and operate a Pretrial Program for the Martin County Sheriff's Office I am delivering this proposal. St. Lucie County would initiate and operate a professional Pretrial Program with performance and outcomes based on our current best practices. This would be a full service office supported by a full time staff that would be supervised by our Program Manager. Please note that any agreement is subject to the approval of the Board of County Commissioner of St. Lucie County, Florida. Proposal Cost: $248,000.00 Annually Martin County Sheriff's Office will provide: 1. Office space in the Martin County Courthouse. This office should be equipped with desk and chairs for three people as well as six chairs for clients. The office should be wired for three work station computers and four phone lines. Access to Court and Sheriff's jail I.T. programs. 2. A vehicle in good serviceable condition with access to fuel, maintenance and insurance. 3. Three office phones. 4. Point of contact with MCSO. 5. Point of contact at the County jail. 6. Security Clearances for staff at the Courthouse and Jail. 7. Body armor, Jackets, and flashlights for personnel. 8. Printer -Copier -Fax machine. Paper, ink, supplies and maintenance. 9. Two cell phones. Same make, model and capabilities as currently issued to staff. 10. Two HP EliteBook 840G3-15 8g cellular lap top computers with air card service. 11. Three work station computers and maintenance for same. St. Lucie County would provide the following: 1. One Senior Pretrial officer, One Pretrial Officer and One Case Manager. 2. Annual report and OPPAGA reports to MCSO. 123 3. Provide Roll Call training to MCSO and other Law Enforcement agencies in Martin County. 4. Will vet, hire, provide salary, benefits and supervise all personnel assigned to the program. 5. All GPS tracking equipment and monitors needed for the program contracted through STOP(Satellite Tracking of People) 6. Provide all training and certifications for personnel. Expected Benefits of the Program: Based on data provided by MCSO and using a formula based on current practices by Judges in St. Lucie County there could be a projected savings to MCSO of one million dollars plus based on 35 bed days at $88.00 a day. This does not take into account additional cases as the program grows, being able to save on inmate medical or the possibility of involving your weekend inmate program. Roy P. Hudson Criminal Justice Coordinator APPROVE: Daniel S. McIntyre, County Attorney APPROVE: Howard Tipton, County Administrator 124 Office Of Attorneys Matters 05114/2019 INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal, Deputy County Attorney DATE: May 7, 2019 SUBJECT: Request for Permission to Advertise: Retail Sale of Dogs and Cats In October 2018, under Public Discussion Items, the Board of County Commissioners heard a presentation from Nicole Capobiaco seeking to ban the retail sale of puppies at pet stores that were born in "puppy mills". The Board also heard from Doherty, Inc. who spoke in opposition of the ban of the sale of puppy mill puppies. Doherty, Inc. is the operator of Pets Around the World II, located at the corner of US Highway 1 and 8th Street (former Cindi's Pet Store location). Pets Around the World II offered puppies and kittens for sale at retail. Since the time of the discussion, significant changes have taken place on a state and local level. First, Pets Around the World II has stopped selling puppies and kittens at retail. Signs posted on their door at the Vero location and posting to their Facebook page indicate that puppies and kittens can be obtained for interested individuals but not via the retail store. Staff knows of no other pet store offering puppies and kittens at retail, except puppies and kittens from local shelters. Second, there was a failed attempt this legislative session at state regulation of puppies and kittens at retail. One bill would have provided for Florida Department of Agriculture and Consumer Services regulation of the sale of puppies at retail. Another bill would have provided for state regulation of the sale of puppies at retail while pre-empting local governments from enacting ordinances banning retail sales and striking down existing ordinances that banned the sale of puppies at retail. Neither bill was successful. Staff has communicated with several outside sources on this issue including the US Humane Society, Sarasota County and Brevard County. Staff has also reviewed the various lawsuits that were filed in Florida and nationally, attempting to strike down ordinances that banned the retail sale of puppies at retail. The lawsuits were filed by owners of pet stores that actively sold puppies at their retail stores, challenging the validity of newly enacted ordinances that either banned the sale of puppies at retail immediately or the ban on retail sales was phased in over time. The lawsuits in Florida have focused on three main issues: • The ordinance is unconstitutional because it violated the Commerce Clause. The Commerce Clause prohibits a state or local government from enacting laws which would unfairly burden goods or products produced in another state. An example of this would be that Florida could not prohibit the sale of or place a tariff on citrus grown in California. The retail pet stores claim in their law suits that a county or city wide ban on retail sale of puppies unfairly burdens an out of state breeder and thus violates the commerce clause. 125 Permission to Advertise: Retail Sales Ordinance Amendment May 9, 2019 Page 12 • The ordinance violates the Bert J. Harris Act. The retail store owners contend that the local government is taking away a right to use their property and therefore the value of their property is diminished by the government's actions. • The ordinance impairs an existing contract and is therefore unconstitutional. The State and US Constitutions prohibit governments from passing laws that would impair an existing contract. Here the retail store owners claim that their existing contracts with in and out of state breeders would be adversely affected by the ban on retail sale of puppies. The lawsuits also claim damages on other grounds and seek injunctive relief and those complaints are available for review at the County Attorney's Office. All of the lawsuits featured a plaintiff with an active retail sale business of puppies. As there are no active businesses that offer the retail sale of puppies in Indian River County, the County Attorney's Office opines that the risk of a lawsuit, should the County go forward with a retail ban on sales of puppies and kittens is greatly reduced and the chance of a plaintiff prevailing on the suit is also greatly reduced. Staff has reviewed ordinances from other jurisdictions and the model ordinance from the US Humane Society. Ordinances that focus on prohibiting retail sales are favored, but still allow for family and hobby breeders to sell puppies and kittens. A family breeder is a person who will breed their dog for a litter of puppies and sell or give them away to family and friends. A family breeder is also the owner of a female dog who met up with the sneaky neighbor dog and now has a litter of puppies to sell or give away. The breeding is not a regular occurrence with a family breeder. The hobby breeder can be categorized by breeding a specific breed of dog once a year or so and selling the puppies using the Internet or social media. Hobby breeders will also take orders for puppies once their female is pregnant. The attached article, Amy Martinez, Golden Opportunity, FLORIDA TREND March, 2019 at 74, gives good insight to a local hobby breeder. Brevard County has recently passed a comprehensive ordinance prohibiting retail sales of puppies and kittens but allowing for local shelters and humane societies to sell puppies and kittens at retail stores such as Petsmart and Pet Supermarket. The Brevard ordinance was drafted with the knowledge that at least one active pet store selling puppies at retail was in business. The ordinance went through several public hearings involving over 30 hours of public testimony. Since we have no active retail establishments selling puppies or kittens in the County, staff deems the ordinance used in Seminole County to be sufficient for our needs. The draft ordinance is attached for your consideration. This ordinance prohibits the sale of puppies at retail but allows the sale/adoption of Humane Society and shelter animals at retail stores. Funding: There is no impact to County funds for this item but if the Board directs staff to advertise for a code amendment, the cost of an advertisement in the Press Journal is approximately $250.00 and would be paid from Account No. 00125062-034910 (General Fund/Animal Control/ Legal Ads). Recommendation: Discuss the proposed ordinance amendment and direct staff to either proceed with advertising with the code amendment or decide that no amendment is needed at this time. Attachment: Copies to: Proposed Ordinance Florida Trend article Tad Stone, Emergency Services Director Jason Ogilvie, Animal Control Manager Ilka Daniels, Humane Society of Vero Beach/Indian River County 126 Dog Breeders 111111111111111\ - Golden Opportunit As governments restrict sales of commercially bred puppies, a cottage industry of mom- and-pop dog breeders has emerged to meet the demand. By Amy Martinez Six years ago, Brandie delaPaz and her husband, Matt, a Marine infantry- man then stationed at Camp Lejeune, N.C., paid $1,500 to a breeder for their first golden retriever, an 8 -week-old fe- male named Sophie. The delaPazes, who have four young children, found Sophie to be an ideal family pet and decided to breed her once she was old enough because "we want- ed another dog just like Sophie," says Brandie delaPaz, a stay-at-home mom. She went online to research how to breed dogs and became overwhelmed by how much there was to know, she says. She enrolled in a program for veterinary assistants at her local community college and eventually bred Sophie with a gold- en retriever owned by another breeder. After a two-month pregnancy, Sophie gave birth at home to eight puppies. The family kept a puppy for themselves, gave three to neighbors and sold the rest for $300 to $400 each. "We had no idea what we were doing;" Brandie says, laughing. "We look back 74 MARCH 2019 FLORIDATREND.COM and say, 'clang, we were so inexperienced.' It's like any small business — you learn." Brandie and Matt delaPaz got more se- rious about breeding, acquired a golden retriever stud and raised two more female dogs. In late 2016, Matt retired from the Marines after 15 years of service. The next year, the family moved to Sebastian in In- dian River County, where they converted their dining room into a puppy room. The delaPazes now breed two female dogs — Meli and Daisy — once a year with the male, Charming. Sophie, their original golden retriever, will retire from. breeding later this year. Brandie, who runs the business, registers the puppies as purebred with the American Ken- nel Club, markets online through AKC's website and usually has a waiting list. (She already has deposits for the next lit- ter in August.) A typical litter numbers eight puppies, each priced at $2,000. The delaPazes say they generate around $30,000 a year from two litters of puppies and spend between $12,000 to $15,000 on the dogs' Brandie delaPaz breeds golden retrievers at the family's home in Sebastian and sells puppies directly to buyers for $2 000 each. - 127 p : Norma Lopez Molina FLORIDATREND.COM MARCH 2019 75 128 Dog Breeders M1111® r _ upkeep, including veterinary care and food. "This is my way to make some ex- tra income for.our family," Brandie says. Indeed, Craigslist and the classified sections of newspapers are full of ads by people who've turned dog breeding into a cottage industry. On a recent weekday, the Tampa Bay Times' classified section included more than 40 ads from breed- ers with names like FurMySunshine. Pet Count 38: Number of USDA -licensed commercial dog breeders statewide 50: Number of stores that sell dogs in Florida $133.8 million: Annual pet sales statewide, induding dogs, cats, birds, etc. 28,459: Number of dogs newly registered with the AKC in Florida in 2017 1 million: Estimated number of dogs euthanized each year in the U.S. 2 million: Estimated number of dogs adopted at rescue shehers each year in the U.S. Sources: Bornane Society, Pet Industry Joint Advisory Caunal and American Kennel Club com and phone numbers, selling ev- erything from basset hounds for $1,100 to Cavalier King Charles spaniels for $2,500. A search for "puppies in Flori- da" on AKC's online marketplace turns up about 770 results. 'Abysmal' regulations No government agency regulates small breeding operations in Florida, Doggy Do's and Don'ts ► The U.S. Department of Agriculture regulates commercial breeders who have at least five breeding female dogs and sell indirectly to buyers via pet stores or websites. ► Breeders can choose to register their litters with the American Kennel Club (AKC), a New York -based non-profit that maintains a national registry of purebred dogs. Although the AKC does not have regulatory authority, it inspects breeders periodically and can yank AKC privileges, induding the ability to market dogs as purebred or compete in dog shows, if it finds major problems with a kennel. ► The Humane Society urges people to adopt from a res- cue shelter, but for those who decide to buy from a breeder, it has two main tips: 1. Talk to a veterinarian or trusted friend, contact a local kennel club or attend a professional dog show to learn where to find responsible breeders. 2. Wit a breeder's facility before buying a puppy. See 76 MARCH 2019 FLORIDATREND.COM making it impossible to know exactly. how many mom-and-pop breeders there are statewide. In 201Z more than 28,000 dogs were registered with the AKC in Florida, but that does not in- clude popular cross -breeds such as the labradoodle or cockapoo. It also doesn't disginguish between commercially bred dogs and those bred in homes. The AKC says it has no way to estimate the num- where the puppy was born and raised and meet the pup's mother. "It's a red flag if they refuse to show you the mother dog or if they refuse to let you come to their home and insist on meeting at a gas station parking lot instead," says John' Goodwin, senior director of the Stop Puppy Mills Campaign for the Humane Society of the United States. 129 ber of mom-and-pop breeders in Florida. One reason for the growth in mom- and-pop breeding operations is that pet stores and websites that sell dogs sup- plied by large, commercial breeders are coming under increased pressure from animal activists. The U.S. Department of Agriculture requires breeders big- ger than a mom and pop to be licensed and inspected, but a USDA license is no guarantee that a breeder is humane or honest, says John Goodwin, senior director of the Humane Society's Stop Puppy Mills Campaign. "USDA regula- tions are abysmal," he says. A breeding dog might spend most of its life in "a cage only six inches longer than its body, and that's legal," he says. During the past decade, dozens of Florida cities, including Fort Lauder- dale, Miami Beach and St. Petersburg, have moved to close down puppy mills by banning pet stores from selling dogs obtained from commercial breeders. Five Florida counties -also have banned or curtailed retail dog sales ("A Leash on Sales," page 79). Some now hope to pass a statewide ban on sales of dogs from commercial breeders. In 2017, California became the first state to limit pet store sales of dogs and cats to shelter or rescue animals only. photo: Norma Lopez Molina The legislation doesn't ban private dog sales, however, meaning people can still buy canine pets directly from small, home-based breeders like the delaPazes. By all appearances, the delaPazes are caring, responsible breeders. They talk openly about their breeding practices and treat their, dogs as pets — the dogs sleep inside, eat homemade food and have their run of a large fenced -in back yard, Brandie says. Because she makes a side income from breeding, she's regis- tered as a business with the state. She says she screens buyers to make sure they're prepared for a new dog, both financially and emotionally. Buy- ers must fill out an application form that asks about the type of place they live in, household size, allergies, other pets, work schedules and plans for caring for a new puppy. "I turn down people all the time," she says. She has her buyers sign a contract agreeing to return a dog to her if they become unable to care for it. She says she stays in contact with each buyer and withholds breeding rights so that the dogs can't be used for breeding, while buyers could breed without her knowing, they wouldn't have the papers to register a litter with AKC. She says the problem with some mom-and-pop breeders is that Brandie delaPaz'.s puppies are registered as purebred with the American Kennel Club. DelaPaz markets online through AKC's website and usually has a waiting list. they don't know what they're doing. "We once talked to a breeder who was like `Yeah, we just had a litter. Two puppies died, and we don't know why? Come to find out, they were freezing" from being left out in the cold, she says. "Thankfully, we've never had a puppy pass on us." The delaPazes say they've learned to regio p'in when a mother dog is about to go into labor and have conquered their' squeamishness about birthing. "We have the puppies in our bathroom because it's a small area, it's quiet and we can dim the lights, Brandie says. "We stay there until the last puppy is out." The eight- week period after a litter is born (but before the puppies go home with their new families) is the most labor-inten- sive, she says. She potty -trains the pup- pies, teaches them basic obedience and gets them vaccinated, micro -chipped and checked out by a veterinarian. She says dog breeding allows her to supplement the family's, income and still be available for her children while Matt studies for a bachelor's degree at Indian River State College. He has post- traumatic stress disorder from multiple tours of combat duty overseas, and they live primarily off his military pension and VA disability benefits. FLORIDATREND.COM MARCH 2019 77 130 Dog Breeders 111111111111111111&- Craigslist and newspapers are full of ads selling everything from basset hounds for $1,100 to Cavalier King Charles spaniels for $2,500. Aside from the money, she believes that having golden retrievers around Matt helps with his PTSD. "This has been very therapeutic for him," she says. "He's like, 'How much more can I ask for? I'm literally surrounded by happiness: " Dog lemon law Other breeders who might be operat- ing ethically are less comfortable talking Puppy Mills The Humane Society defines a puppy mill as an "inhumane high-volume dog -breeding facility that churns out puppies for profit, ignoring the needs of the pups and -their mothers." The organiza- tion estimates that about 10,000 puppy mills are in operation nationwide, mostly in the Midwest, and that about 3,000 of those are USDA:licensed. Although Florida has relatively few commercial breeding operations, the state's large consumer market makes it a key battleground. between animal activists and pet retailers. Florida requires dogs that come from out-of-state breeders to have a certificate of veterinary inspec- tion on file with the state, which keeps those records for a year. 78 MARCH 2019 FLORIDATREND.COM about their operations, however. FLOR- IDA TREND tried to contact more than a dozen breeders statewide over a two- month period and heard back from only one other breeder besides the delaPazes. A Gainesville -area breeder who goes by the name City Slickers Ranch said she was too busy to talk. "I am in the middle of dog show season, and I am training a couple of herding dogs for a dressage trainer," she said in an email. "During dog show season and training season, I. have not five minutes to myself" When a breeder advertises a dog as purebred, one way for buyers to know what they're getting is to check if the dog is AKC-registered. The AKC consid- ers a dog purebred if both its parents are of the same breed and its owner has the papers to prove it. The cost to register a purebred litter is $25, plus $2 a puppy. Websites such as Chewy.com sell at- home DNA dog test ldts for about $70 to help identify a pet's breed. I1 for ex- ample, -a "purebred" Maltese turns out to be half-chihuahua, the buyer could complain to the Florida Department of Agriculture, which enforces the state's pet lemon law. Most pet lemon law com- plaints have to do with the health of a new pet, but the law also covers disputes over a dog's breed. In 2018, the state received 71 com- plaints from pet buyers against dog breeders and sellers. Under state law, any seller, including the delaPazes, must have a dog checked out by a veterinarian within a month be- fore the sale. If the buyer's vet then de- termines the dog is sickly, the buyer may return the dog for a refund, exchange it for a new dog or get reimbursed for the vet bill. Buyers have up to a year to make a claim for a congenital defect or mis- representation of breed. When it comes to questions about the conditions in which dogs are bred, the USDA is the only government agen- Popular Breeds Florida's Most Popular Dog Breeds (2017) 1.. German shepherds 2. Labrador retrievers 3. French bulldogs 4. Golden retrievers 5. Bulldogs 6. Poodles 7. Rottweilers 8. Yorkshire terriers 9. Dachshunds 10. Boxers Note: Based on the number of dogs registered with the Amebcan Kennel Club Source: American Kennel Club cy with regulatory authority over the state's commercial -size kennels. (Flor- ida is among 16 states that do not regu- late commercial breeders within their borders.) - While recent efforts to ban retail dog sales in Florida aren't aimed at small- scale breeders like the delaPazes, they say they're wary of the new regulations. "Eventually, they're just going to put all those laws and regulations on us," Brandie says. If that happens, she adds, they'll move their business to North Carolina, where they also own a home. 131 Leash on Sales During the past decade, about 60 cities and counties statewide have banned or curtailed retail dog sales in an effort to reduce the Market for commercial breeding and encourage more people to adopt pets. "Our preference would be that pet shops only sell pets that come from rescue organizations and animal shelters," says Ralph DeMeo, a shareholder in Baker Donelson's Tallahassee office and chair emeritus of the Florida Bar animal law section. "Most dogs currently sold at pet shops come from puppy mills." Last year, DeMeo, whose cli- ents include the Animal Legal Defense Fund, helped defeat proposed state legislation that would have barred local govemments from prohibiting the sale of commercially bred dogs. He says animal welfare is a popular cause in Florida, pointing to the recent passage of Amendment 13, which bans greyhound racing statewide. Florida voters approved the ballot measure 69% to 31%. "People are starting to realize we don't need puppy mills and we don't need pet shops," DeMeo says. But Mike Bober, president and CEO of the Pet Industry Joint Advisory Council, a Washington, D.C.-based trade group, says pet shops account for a small percentage — about 4% to 7%— of dogs that end up in people's homes each year. Many more dogs — about a third — get adopted at shelters, he says. In addition to pet shops, commercial breeders sell online or directly to buyers via flea markets and classified ads. "Pet stores are not the main channel through which breed- ers provide dogs to people," - he says. "These local ordi- nances are well-intentioned but misguided." Bober argues that pet shops provide an option for people looking for highly.desirable dogs, such as small, hypoal- lergenic breeds. "We think the health benefits of the human - animal bond are so important that anyone who wants to bring an animal into their life and care for it should have that opportunity," he says. About 60 Florida cities and counties have passed laws banning dog sales at pet stores. • { County Restrictions Sarasota County: Pet stores may not sell dogs and cats obtained from breeders unless the animals are sold from the premises on which they were bred or reared. Palm Beach and Hillsborough counties: New pet stores may not sell commercially bred dogs, but existing stores may continue to sell from USDA -approved breeders. / Seminole County: Pet stores may offer only dogs and cats that come from animal shelters or rescue organizations. Lake County: Dogs and cats may not be sold, traded or auctioned at pet shops, yard sales or flea markets. Retailers such as PetSmart and Petco, which do not sell dogs and cats, may continue to partner with rescue shelters to adopt out pets. Big Business Pet industry sales in the U.S. have increased by 68% over the past decade. In 2007, total industry sales were $41 billion. By 2017, Americans were spending $69 billion on their pets, including ... 1$29 billion for pet food ► $23 billion for veterinary care and other services ► $15 billion for pet supplies ► $2 billion for the pets themselves tZI Source: American Pet Products Association FLORIDATREND.COM MARCH 2019 79 132 RESOLUTION NO. 2019 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CREATING CHAPTER 319 OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA, ENTITLED "RETAIL SALE OF DOGS AND CATS"; AND PROVIDING FOR CODIFICATION, SEVERABILITY, A GENERAL REPEALER AND AN EFFECTIVE DATE. WHEREAS, "puppy mills" and "kitten factories" are facilities that often house animals in overcrowded and unsanitary conditions without adequate veterinary care, food, water, and socialization; and WHEREAS, conditions in "puppy mills" and "kitten factories" can allow for heritable and congenital disorders; the spread of infectious diseases; and environmental contamination, any of which may be present immediately after a sale or not until several years later; and WHEREAS, the Indian River County Board of County Commissioners (the "Board") finds it reasonable and necessary to provide minimum standards governing the sale of cats and dogs to protect the health, safety, and welfare of both animals and pet owners; and WHEREAS, the Board also finds that such regulation constitutes a legitimate purpose, and will encourage pet consumers to obtain dogs and cats from shelters, animal rescue organizations, or hobby breeders thereby saving the lives of animals and reducing the cost to the public of sheltering and euthanizing animals, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county. The Board specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County. Section 2. Legislative Findings. The Board finds that the 'Whereas" clauses above are true and correct, and hereby incorporates such clauses as the legislative findings of the Board. 1 C:\USERS\LEGISTAR\APPDATA\LOCAL\TEMP\BCL TECH NOLOGIES\EASYPDF 8\@BCL@700E7769\@BCL@700E7769.DOCX 133 RESOLUTION NO. 2019 - Section 3. Creation of New Chapter. Chapter 319 of the Code of Indian River County, Florida is hereby created to read as follows: CHAPTER 317. RETAIL SALE OF DOGS AND CATS Section 319.01. — Definitions. When used in this chapter, the following terms shall have the following meanings: Animal control authority. Refers to one (1) or more or all of those offices, departments, agencies, groups or individuals, designated by the board to provide a function or service relating to animal control or regulation under the terms of this chapter. Animal control division. The animal control division of Indian River County, Florida. Animal control officer. An individual employed, contracted with, or appointed by the board or the animal control authority to: investigate, on public or private property, civil infractions relating to animal control or cruelty; issue citations as provided in this chapter; seize and impound animals; and aid in the enforcement of this chapter or any other law or ordinance relating to the licensure, control, or seizure and impoundment of animals; provided, however, that no employee of the humane society shall be deemed to be an animal control officer; and further provided that where the animal control officer is employed or appointed by the board, the animal control officer shall meet all of the requirements of the provisions of Section 828.29, Florida Statutes, in effect at the time the animal control officer was hired. The term "animal control officer" includes any state or local law enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal. Animal Rescue Organization. A duly incorporated nonprofit organization, properly organized under Section 501(c)(3) of the Internal Revenue Code, devoted to the rescue, care, humane treatment, and adoption of stray, abandoned, or surrendered animals that does not breed animals. Certificate of Source. A document from the source or Indian River County Animal Services Shelter, animal control agency, animal rescue organization, or hobby breeder declaring the source of origin of a dog or cat on the premises offered for retail sale, as defined in this Section. The Certificate of Source must include at a minimum: (1) a brief description of the dog or cat; (2) the name, address, telephone number and email address of'the source of the dog or cat; (3) the signature of the Pet Shop certifying the 2 C:\USERS\LEGISTAR\APPDATA\LOCAL\TEMP\BCL TECH NOLOGIES\EASYPDF 8\@BCL@700E7769\@BCL@700E7769.DOCX 134 RESOLUTION NO. 2019 - accuracy of the Certificate of Source; and (4) the signature of the purchaser or transferee of the dog or cat acknowledging receipt of the Certificate of Source. Hobby breeder. Any person or entity, that intentionally causes or allows willfully or through failure to exercise due care and control, the breeding or studding of a dog or cat resulting in no more than a total of one (1) litter per calendar year per legal residence whether or not the animals in such litter are offered for sale or other transfer. Indian River County Animal Services Shelter. The premises designated by the Board of County Commissioners for the purpose of impounding and caring for animals taken into custody for violation of, or pursuant to, this Chapter or Chapter 302 of the Indian River County Code of Ordinances. Pet shop. A business entity that has obtained a tax receipt or occupational license, open to the public, that sells or transfers, or offers for sale or transfer, dogs or cats, regardless of the age of the dog or cat or the physical location of the animal. Such an establishment may be a permanent, temporary, or virtual establishment. Indian River County Animal Services Shelter and animal rescue organizations are not considered a pet shop under this Chapter. Section 319.02. - Retail sale of dogs and cats. (a) An adoption -based business model shall be required for the retail sale of dogs or cats at a pet shop whereby all dogs or cats will be sourced from stray and unwanted pets that have been taken in by an animal shelter or animal rescue organization. It also means that pets purchased directly from a commercial breeder or indirectly through some other intermediary such as a broker or wholesaler may not be offered for sale. (b) No pet shop shall offer dogs or cats in Indian River County, unless the dog or cat was obtained from: (1) An animal shelter; (2) An animal rescue organization. (c)This adoption -based business model for the retail sale of dogs or cats in the County applies to any pet shops opened, transferred, assigned, or sold by owners of existing Pet Shops after the effective date of the Chapter. (d)An official certificate of veterinary inspection must accompany the sale of any dog or cat transported into the state, in compliance with Section 828.29(3), Florida Statutes, as this statute may be amended from time to time. (e) Pet shops shall post and maintain a certificate of source, as defined in section 319.01, on each animal's cage, kennel, or enclosure, within clear view, and shall 3 C:\USERS\LEGISTAR\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@700E7769\@BCL@700E7769.DOCX 135 RESOLUTION NO. 2019 - provide a copy of the certificate to the purchaser or transferee of any such dog or cat sold or transferred. (f) Pet Shops shall maintain records, stating the name, address, telephone number and email address of the animal shelter or animal rescue organization from which each dog or cat was acquired for three (3) years following the date of acquisition or in accordance with the required time set forth by business standards and practices governing the particular commercial establishment and records, whichever is greater, and maintain a copy of the record for the previous year subject to inspection by the County's animal control officers or any other County officials charged with enforcing the provisions of this Section. (g) Any such records shall be made available, immediately upon request, to the County's animal control officers and any other County officials charged with enforcing the provisions of this Section. (h) Falsification of records by pet shops is hereby deemed unlawful and subject to the penalties of this Chapter. Section 319.03. - Prohibition on retail sale in public places. (a) There shall be no retail sale of dogs or cats on any public thoroughfare, public common areas, or other places of public accommodations, flea markets, festivals, yard sales, medians, parks, recreation areas, outdoor markets, parking lots, or other similar locations, regardless of whether such access is authorized by the owner. (b) This Section shall not apply to the retail sale of dogs or cats by an Animal Shelter or Animal Rescue Organization. Section. 319.04. - Enforcement and penalties. (a) Any Pet Shop found to be in violation of the provisions of this Chapter may be subject to any applicable enforcement mechanism available to the County including, but not limited to: prosecution in the same manner as a misdemeanor, as provided in Section 125.69, Florida Statutes, as this statute may be amended from time to time. It shall be a violation of this Chapter to fail to comply with any of the requirements or restrictions contained in this Chapter. (b) Each animal produced, reared, bred, kept, sold, or released in violation of this Chapter will be deemed a separate offense, and a separate offense will be deemed committed on each day on which a violation occurs or continues. (c) Violations of this Chapter are classified as a civil infraction in accordance with Section 828.27(2), Florida Statutes, as this statute may be amended from time to time. 4 C:\USERS\LEGISTAR\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@700E7769\@BCL@700E7769.DOCX 136 RESOLUTION NO. 2019- (d) The County may initiate a civil action in any court of competent jurisdiction to enjoin any violation of this Chapter. (e) Imposition of a penalty for a violation does not excuse the violation nor does it imply permission for the violation to continue. All Pet Shops found to be in violation will be required to correct or remedy such violations immediately. Section. 319.05. - Applicability. This Chapter shall apply to the unincorporated areas of Indian River County. Section 4. Codification. It is the intention of the Board of County Commissioners that the provision of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. Section 5. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 6. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 7.. Effective Date. This ordinance shall become effective upon adoption by the Board of County Commissioners and filing with the Department of State. This ordinance was advertised in the Indian River Press Journal on the day of , 2019, for a public hearing to be held on the _ day of 2019, at which time it was moved for adoption by Commissioner , seconded by Commissioner and adopted by the following vote: Chairman Bob Solari Vice -Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan The Chairman thereupon declared the ordinance duly passed and adopted this day of , 2019. 5 C:\USERS\LEGISTAR\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@700E7769\@BCL@700E7769.DOCX 137 RESOLUTION NO. 2019 - BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Bob Solari, Chairman ATTEST: Jeffrey R. Smith, Clerk and Comptroller By: Deputy Clerk EFFECTIVE DATE: This Ordinance was filed with the Department of State on the day of , 2019. 6 C:\USERS\LEGISTAR\APPDATA\LOCAL\TEMP\BCL TECH NOLOGIES\EASYPDF 8\@BCL@700E7769\@BCL@700E7769.DOCX 138 t BCC AGENDA COMMISSIONERS MATTERS INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners SUBJECT: Commissioners Open Dialogue At the request of the Board of County Commissioners, an Open Dialogue section will be added to the agenda on a monthly basis. This section will be an opportunity for Commissioners to provide updates and/or reports on progress, meetings, or activities related to topics of interest to the Commission and Public. This is for the purpose of sharing information only; action will not be taken by the Board on matters discussed under Commissioners Open Dialogue section. 139