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Staff confirmed with the grant funding agency that acceptance of the form after the bid opening is acceptable, as long as the County's purchasing procedures are followed. Therefore, staff recommends the Board waive the technicality in the delayed submission of the Certification Regarding Lobbying Form, as it does no harm to any other prospective bidder, and does not provide Jobear with an undue advantage. FUNDING: Indian River County has been awarded a Land and Water Conservation Fund (LWCF) Grant (12- 00695) to construct public access improvements at the Hallstrom CA in the amount of $148,500 from the FDEP with the County providing an equal cash match. Funding for the site improvements was approved in the 2021 Capital Improvements Element in the Optional Sales Tax/Parks/Hallstrom Farmstead Conservation Area, Account Number 31521072-066510-19027 in the amount of $696,656.00. The Engineer and Architects of Record provided the County with Opinions of Probable Cost (OPC) totaling $550,308.74 in the fall of 2021. These costs do not include other project associated costs such as direct purchase and construction of the pavilions, public amenities, tortoise permitting and on-site relocation, the boardwalk (awarded under separate bid), or the additional sidewalk which will be required as part of the County's site plan approval. Utilizing the OPCS estimates, the bid amount from the sole bidder's response has exceeded the OPC by $287,306.16 with an additional force account of $75,000.00 leaving a total funding deficit of $362,306.16. The additional monies needed can be funded with a budget amendment from Optional Sales Tax/Cash Forward -Oct 11t Account Name Account Number Amount Optional Sales Tax/Parks/Hallstrom Farmstead 31521072-066510-19027 $550,309.00 Conservation Area Future Cash Balance Budget Amendment $362,307.00 RECOMMENDATION: Staff recommends the Board waive the technicality in the late submittal of the Certification Regarding Lobbying Form, and award the bid to Jobear Contracting, Inc. Staff also recommends the Board approve the sample agreement, and authorize the Chairman to execute it after the County Attorney has approved it and the Public Construction Bond as to form and legal sufficiency, and after receipt and approval of the required insurance by the Risk Manager. Finally, staff recommends the board authorize the Budget Office to make up any difference in funding needed for the project through a future cash forward budget amendment. ATTACHMENT Sample Agreement