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Consent Item <br />Indian River County, Florida <br />Department of Utility Services <br />Board Memorandum <br />Date: November 21, 2019 <br />To: Jason E. Brown, County Administrator <br />From: Vincent Burke, PE, Director of Utility Services <br />Subject: Fee Agreement with Hopping Green & Sams, P.A. (HGS) <br />Background/Analysis: <br />On July 9, 2018, the County Administrator, pursuant to chapter 105 of the Indian River County Code of <br />Ordinances, signed a not -to -exceed fee agreement with HGS for $50,000. The purpose of the agreement <br />was to utilize the expertise of HGS to assist the County in the preparation of its Consumptive Use Permit <br />(CUP) application package. That work is still on going, and othertasks and data collection assignments are <br />required in order to support a CUP application so that the Indian River County Department of Utility <br />Services (IRCDUS) can apply to increase its water allocation under the permit to meet the needs of its <br />residents and customers over the next 20-30 years. <br />As of November 2019, the fee agreement funds have been exhausted. Staff is requesting a new fee <br />agreement to be approved by the Board of County Commissioners (BCC) that would allow IRCDUS/HGS to <br />continue its discussions with consultants, to develop strategies and approaches to meet the CUP criteria, <br />to meet with Saint Johns River Water Management District (SJRWMD) staff in multiple pre -application <br />meetings to address permitting issues, to prepare and review permit application materials, and to review <br />and edit draft permitting documents. Attachment 1 is the fee agreement. It is anticipated that an additional <br />$45,000 would be required to fulfill the remaining work needed to submit the application. However, this <br />amount does not cover any costs associated with litigating any administrative challenge to the permit by <br />any third party (which is not anticipated to occur, but is possible). <br />Funding: <br />Funds for this project are derived from the other professional services account in the Utilities operating <br />fund. Utilities operating funds are generated from water and sewer sales. <br />Description <br />Account Number <br />Amount <br />Other Professional Services <br />47123536-033190 <br />$45,000.00 <br />F:\Utilities\UTILITY - Engineering\WATER\CUP-10524\Hopping Green and Sams\Agenda-HGS 11_21_2019.docx Page 1pL2_ <br />