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HomeMy WebLinkAbout07/10/2018.1 ,0 tvt' - BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, JULY 10, 2018 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Peter D. O'Bryan, Chairman, District 4 Jason E. Brown, County Administrator Bob Solari, Vice Chairman, District 5 Dylan Reingold, County Attorney Susan Adams, District 1 Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Joseph E. Flescher, District 2 Tim Zorc, District 3 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS 2.B. INVOCATION Reverend Dan Holloway, Unity Spiritual Center of Vero Beach 3. PLEDGE OF ALLEGIANCE Joseph E. Flescher, County Commissioner 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 6. • APPROVAL OF MINUTES 6.A. Regular Meeting of May 22, 2018 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REOUIRING BOARD ACTION 8. CONSENT AGENDA 8.A. Checks and Electronic Payments June 22, 2018 to June 28, 2018 8.13. Award of Bid 2018060 - Annual Bid for Utilities Concrete Restoration July 10, 2018 Page 1 of 4 8.C. Resolutions Delegating the Authority to the County Administrator or his Designee to Call Letters of Credit and to Act on Behalf of Indian River County during the time frames of July 18, 2018, through and including August 13, 2018; and August 15, 2018,. through and including September 10, 2018 8.D. West Wabasso Phase II Septic to Sewer Approval of Cost Share Funding Agreement 8.E. Request from Costello Brothers Marine Construction for payments to be sent to Great Horn Financial for Main Relief Canal Conveyor System Replacement 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS. A. PUBLIC HEARINGS 10.A.1. Request for Authorization for the Community Development Director to Make Application for a Community Development Block Grant in the Housing Rehabilitation Category and Request . to Approve the Indian River County Community Development Block Grant (CDBG) Housing Assistance Plan (HAP) for Housing Rehabilitation and Replacement (Administrative) B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 10.C.1. Public Notice of Public Hearing Scheduled for July 17, 2018 to Consider an Ordinance Authorizing a Temporary Moratorium for 180 Days or Until a Comprehensive Review of the Impact on the County's Ecosystem is Completed with Regard to Land Application Activities of Class B Biosolids (Legislative) 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development 12.A.1. Board Consideration of St. Christopher's Harbor Homeowner's Association, Inc.'s Overdue Cost -Share Payment for the Head Island Channel Restoration Project B. Emergency Services C. General Services 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget July 10, 2018 Page 2 of 4 F. Public Works 12.F.1. TrafficJet Print System and Software: Board Approval to Waive the Requirement for Bids to Purchase the TrafficJet Print System and Software 12.F.2. John's Island Request for Tem porary'Easement for Reclaimed Water Line G. Utilities Services 12.G.1. Blue Cypress Lake Testing Update 13. COUNTY ATTORNEY MATTERS 14. COMMISSIONERS MATTERS A. Commissioner Peter D. O'Brvan, Chairman B. Commissioner Bob Solari, Vice Chairman C. Commissioner Susan Adams D. Commissioner Joseph E. Flescher E. Commissioner Tim Zorc 15. SPECIAL DISTRICTS AND BOARDS A. Ememency Services District B. Solid Waste Disposal District C. Environmental Control Board 16. ADJOURNMENT July 10, 2018 Page 3 of 4 Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission 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 S: 00 p. m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5: 00 p.m. July 10, 2018 Page 4 of 4 1 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 271 Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: June 28, 2018 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS June 22, 2018 to June 28, 2018 In compliance with Chapter 1.36.06, 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 June 22, 2018 to June 28, 2018. 1 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 368873 06/22/2018 BARNEYS PUMP INC 12,750.00 368874 06/26/2018 PAUL CARONE 2,887.00 368875 06/26/2018 WILLIE C REAGAN 1,746.00 368876 0626/2018 LARRY STALEY 588.00 368877 0626/2018 PINNACLE GROVE LTD 2,237.00 368878 06262018 VERO CLUB PARTNERS LTD 2,717.00 368879 0626/2418 DAVID SPARKS 1,407.00 368880 06/26/2018 THE PALMS AT VERO BEACH 1.775.00 368881 06/26/2018 JOHN OLIVIERA 716.00 368882 0626/2018 ARTHUR PRUETT 484.00 368883 06/262018 MICHAEL JAHOLKOWSKI 547.00 368884 06/26/2018 LUCY B HENDRICKS 757.00 368885 06262018 ROBERT L BRACKETT 515.00 368886 06262018 SYLVESTER MC INTOSH 365.00 368887 062620/8 PAULA WHIDDON 553.00 368888 06/262018 JAMES W DAVIS 372.00 368889 06262018 NITA EZELL 609.00 368890 0626/2018 MISS INC OF THE TREASURE COAST 2,174.00 368891 06262018 DANIEL CORY MARTIN 2,212.00 368892 06262018 FIVE STAR PROPERTY HOLDING LLC 830.00 368893 0626/2018 MARK BAER 5,388.00 '368894, 06262018 JUAN CHAVES 700.00 368895 06262018 REID REALTY 656.00 368896 06262018 FOUNDATION FOR AFFORDABLE RENTAL 767.00 368897 06/262018 INDIANTOWN NON-PROFIT HOUSING INC 670.00 368898 06262018 AUGUSTUS B FORT JR 581.00 368899 0626/2018 H&H S14ADOWBROOK LLC 563.00 368900 06/26/2018 VERO BEACH PLACE LLC 3,255.00 368901 06/26/2018 GNS REAL ESTATE HOLDINGS LLC 1,550.00 368902 06/26/2018 COALITION FOR ATTAINABLE HOMES INC 1,1.07.00 368903 06262018 HELPING HANDS REAL ESTATE & INVESTMENT CO 2,679.00 368904 06262018 ALIX DENAEAU 700.00 368905 0626/2018 1135 RENTALS LLC 850.00 368906 06/262018 BLUE DRAGON MANAGEMENT LLC 1,100.00 368907 06262018 MCLAUGHLIN PROPERTIES LLC 536.00 368908 06/26/2018 HOWARD R BRENNAN 540.00 368909 06/26/2018 NKW PIP .HOLDINGS I LLC 2,119.00 368910 06/262018 MAXI:PLEX LLC 7,118.00 368911 06/262018 KARL POKRANDT 747.00 368912 06/26/2018 SPACE COAST REALTY CORP 562.00 368913 06/26/2018 SPACE COAST REALTY CORP 563.00 368914 06/26/2018 SPACE COAST REALTY CORP 750.00 368915 06/26/201.8 570 13TH PLACE LLC 723.00 368916 0626/2018 BRANDON ROUER 1,_031.00 368917 0626/2018 JEANNE E BIERMAN 663.00 368918 06/26/2018 HUDSON CONSULTING & MANAGEMENT LLC 552.00 368919 0627/2018 GREENE INVESTMENT PARTNERSHIP 1 TD 3,772.96 368920 0627/2018 INDIAN RIVER COUNTY HEALTH DEPT 52,747.50 368921 06/27/2018 MEDICAL EXAMINERS OFFICE 35,224.16 368922 06272018 VICTIM ASSISTANCE PROGRAM 5,532.66 368923 06272018 ROGER J NICOSIA 1,500.00 368924 0627/20"18 CITY OF VERO BEACH 2.108.02 368925 06/27/2018 CITY OF VERO BEACH 111787.50 368926 0628/2618 JORDAN MOWER INC 422.69 368927 06/28/2018 COMMUNICATIONS INTERNATIONAL 236.70 368928 0628/2018 TEN -8 FIRE EQUIPMENT INC 1,134.90 368929 0628/2018 RANGER CONSTRUCTION IND INC 1,346.72 368930 06/282018 VERO CHEMICAL DISTRIBUTORS INC 95.70 1 2 TRANS NBR DATE VENDOR AMOUNT 368931 06/28/2018 CHISHOLM CORP OF VERO 49.99 368932 06/28/2018 KIMLEY HORN & ASSOC INC 3,318.00 368933 06/28/2018 VELDE FORD INC 776.12 368934 06/28/201.8 SAFETY PRODUCTS .INC 44430 368935 06/28/2618 AT&T WIRELESS 2,414.97 368936 06/28/2018 DATA FLOW SYSTEMS INC 2,685.89 368937 06/28/2018 THOMAS P WHITE 90.00 368938 06/28/2018 E -Z BREW COFFEE & BOTTLE WATER SVC 74.36 368939 06/28/2018 GRAINGER 338.68 368940 06/28/2018 VERO MARINE CENTER INC 3,626.89 368941 06/28/2018 GRAYBAR ELECTRIC 97.38 368942 06/28/2018 REPUBLIC SERVICES INC 458,446:99 368943 06/28/2018 AMERIGAS EAGLE PROPANE LP 1,,824.60 368944 06/28/2018 GAYLORD BROTHERS INC 175.83 368945 06/28/2018 HACH CO 2,601.97 368946 06/28/2018 PARKSON CORPORATION 423.92 368947 06/28/2018 KSM ENGINEERING & TESTING INC 4,112.00 368948 06/28/2018 ECOTECH CONSULTANTS INC 5,334.00 368949 06/28/2018 CALL ONE INC 345.00 368950 06/28/2618 CITY ELECTRIC SUPPLY 209.54. 368951 06/28/2018 CHILDCARE RESOURCES OF IRC INC 21,271.11 368952 06/28/2018 MYRON L COMPANY 395.68 368953 06/28/2018 BAKER & TAYLOR INC 3,891.01 368954 06/28/2018 MIDWEST TAPE LLC 11635.74 368955 06/28/2018 NORTHERN SAFETY CO INC 368.01 368956 06/28/2018 MICROMARKETING LLC 260.05 368957 06/28/2018 K & M ELECTRIC SUPPLY 56.43 368958 06/28/2018 BAKER DISTRIBUTING CO LLC 166.27 368959 06/28/2018 CENGAGE LEARNING INC 544.31 368960 06/28/2018 PALM TRUCK CENTERS INC 742.86 368961 06/28/2018 PENWORTHY COMPANY 902.91 368962 06/28/2018 GO COASTAL INC 1,759.35 368963 06/28/2018 SOFTWARE HARDWARE INTEGRATION 72.16 368964 06/28/2018 PAUL CARONE 1,327.00 368965 06/28/2618 LINDSEY GARDENS LTD 500.00 368966 06/28/2018 CREATIVE CHOICE HOMES XVI LTD 445.00 368967 06/28/2018 TINDALE-OLIVER & ASSOCIATES INC 36,824.96 368968 06/28/2018 CLERK OF CIRCUIT COURT 96.00 368969 06/28/2018 CITY OF VERO BEACH 5,798.98 368970 06/28/2018 CITY OF VERO BEACH 423.81 368971 06/28/2018 COMPBENEFITS COMPANY 80.16 368972 06/28/2018 UNITED WAY OF INDIAN RIVER COUNTY 851.00 368973 06/28/2018 UNITED PARCEL SERVICE INC 24.89 368974 06/28/2018 FERGUSON ENTERPRISES INC 4,123.28 368975 06/28/2018 TREASURE COAST HOMELESS SERVICES 5,222.68 368976 06/28/2018 FLORIDA DEPT OF EDUCATION 331.11 368977 06/28/2018 HUMANE SOCIETY 23,510.00 368978 06/28/2018 ARTHUR J GALLAGHER RISK MGMT SERV INC 500.00 368979 06/28/2018 ROGER CLEVELAND GOLF INC 54.63 368980 06/28/2018 CULTURAL COUNCIL OF IRC 3,630.00 368981 06/28/2018 DEANGELO BROTHERS INC 232.00 368982 06/28/2018 GEOSYNTEC CONSULTANTS INC 5,552.47 368983 06/28/2018 TIMOTHY ROSE CONTRACTING INC 1,180,403.87 368984 06/28/2018 SUBSTANCE AWARENESS COUNCIL OF IRC INC 1,456.00 368985 06/28/2018 FLORIDA RECREATION & PARK ASSOC INC 145.00 368986 06/28/2018 FLORIDA RECREATION & PARK ASSOC INC 220.00 368987 06/28/2018 FLORIDA RECREATION & PARK ASSOC INC 220.00 368988 06/28/2018 FLORIDA RECREATION & PARK ASSOC INC 300.00 368989 06/28/2018 FLORIDA RECREATION & PARK ASSOC INC 300.00 368990 06/28/2018 FLORIDA POWER AND LIGHT 103,909.80 2 3 TRANS NBR DATE VENDOR AMOUNT. 368991 06/2812018 FLORIDA POWER AND LIGHT 18,405.62 368992 06/28/2018 HOLIDAY INN 242.40 368993 06/28/2018 PHILLIP J MATSON 14.24 368994 06/28/2018 WASTE MANAGEMENT INC 189,006.58 368995 06/28/2018 LANGUAGE LINE SERVICES INC 86.91 368996 06/2812018 JASON E BRO' N 272.60 368997 06/28/2018 UNIVERSITY OF FLORIDA 495.00 368998 06/28/20.18 ALAN C KAUFFMANN 320.00 368999 06/281201.8 NAEMT 195,00 369000 0628/201.8 G K ENVIRONMENTAL INC 1,300.00 369001 06/28/2018 VERO CLUB PARTNERS LTD 394.00 369002 06/28/2018 FLORIDA SURVEYING & MAPPING 180.00 369003 06/28/2018 BRIDGESTONE AMERICAS INC 596.62 369004 06/28/2018 SUNQUEST INC 180.00 369005 06/28/2018 ARCADIS U S INC 76,310.96 369006 06/28/2018 MICHAEL QUIGLEY 190.00 369007 06/282018 RUSSELL PAYN T INC 892.84 369008 06/28/2018 TRANE US INC 6,470.00 369009 0628/2018 TRADEWINDS ISLAND GRAND BEACH RESRT 405.00 369010 0628/2018 SCOT I' MCADAM 38.00 369011 0628/2018 ANIXTER INC 287.00 369012 06282018 CINTAS CORPORATION NO 2 217.73 369013 06282018 U S BANK NATIONAL ASSOCIATION 944.69 369014 0628/2018 FLORIDA DEPT OF JUVENILE JUSTICE 34,108.33 369015 06282018 CONTROL SYSTEMS DESIGN INC 3.240.00 369016 06/28/2018 VAN WAL INC 70.00 369017 06282018 BIG BROTHERS AND BIG SISTERS 1,250.00 369018 06/282018 BIG BROTHERS AND BIG SISTERS 71057.33 369019 06/28/2018 FLORIDA RURAL LEGAL SERVICES INC 2,741.60 369020 06/28/2018 CENTRAL PUMP & SUPPLY INC 989.40 369021 06282018 MASTELLER & MOLER INC 33,425.00 369022 06282018 STAPLES CONTRACT & COMMERCIAL INC 123.19 369023 06282018 ADMIN FOR CHILD SUPPORT ENFORCEMENT 288.86 369024 06282018 ADMIN FOR CHILD SUPPORT ENFORCEMENT 292.77 369025 06282018 ADMIN FOR CHILD SUPPORT ENFORCEMENT 16336 369026 06/282018 BILL BRESSETT 120.00 369027 06/282018 ORCHID ISLAND PROPERTY MGMT 11 INC 7,475.00 369028 06/28/2018 AMERICAN WATER WORKS ASSOCIATION 230.00 369029 06282018 1 ST FIRE & SECURITY INC 584.00 369030 0628/2018 JOHNNY B SMITH 250.00 369031 06/2812018 MOO;RE MEDICAL LLC 3,378.45 369032 06282018 MC COLLOM, BRAD & HEATHER 79.12 369033 0628/2018 CHARLES A WALKER 120.00 369034 06282018 ALAN LEE SMEYNE 61.88 369035 06/282018 ASSOCIATION OF STATE FLOODPLAIN MANAGERS 160.00 369036 06282018 REDLANDS CHRISTIAN MIGRANTASSOC 6,144.26 369037 06282018 INDIAN RIVER SOCCER ASSOCIATION 51750.00 369638 06/282018 SOUTHEAST SECURE SHREDDING 161.48 369039 06/28/2018 VERO BEACH BROADCASTERS LLC 684.00 369040 06/282018 VERO BEACH BROADCASTERS LLC 684.00 369041 06/28/2018 KRISTIN DANIELS 186.46 369042 06/282018 KWACKS INC 998.89 369043 06282018 NICOLACE MARKETING INC 7,903.00 369044 06/282018 EQ THE ENVIRONMENTAL QUALITY COMPANY 26,183.10 369045 06282018 RANGE SERVANT AMERICA INC 2,921.49 369046 06/28/2018 DAILY DOSE CAFE 1,468.50 369047 06/282018 KEM:PE:RBUSINESS SYSTEMS 30.25 369048 0628/2018 TREASURE COAST MOTORCYCLE CENTER .INC 230.82 369049 06/282018 HRO INC 1,608.91 369050 0628/2418 ECMC 274.1.6 I.I TRANS NBR DATE VENDOR AMOUNT 369051 06/28/2018 YOUR AQUA INSTRUCTOR LLC 120.00 369052 06/28/2018 FLORIDA ARMATURE WORKS INC 7,879.11 369053 06/28/2018 TELE -WORKS INC 18,658.00 369054 06/28/2018 BERMUDA SANDS APPAREL LLC 900.00 369055 06/28/2018 DANIEL CORY MARTIN 2,430.00 369056 06/28/2018 XYLEM WATER SOLUTION USA INC 17,668.00 369057 06/28/2018 AUTOMATIONDIRECT.COM INC 250.50 369058 06/28/2018 KEITH GROCHOLL 20.00 369059 06/28/2018 ALAN JAY CHEVROLET CADILLAC 100,441.75 369060 06/28/2018 HEATHER HATTON 200.00 369061 06%28/2018 GFA INTERNATIONAL INC 22,286.25 369062 06/28/2018 TIM ZORC 26.62 369063 06/28/2018 OCEAN RESEARCH & CONSERVATION ASSOCIATION R 150.00 369064 06/28/2018 ALTERATIONS BLESSED 153.00 369065 06/28/2018 REPROGRAPHIC SOLUTIONS INC 1.56 369066 06/28/2018 LOWES HOME CENTERS INC 1,008.30 369067 06/28/2018 RAFTELIS FINANCIAL CONSULTANTS INC 1,065.00 369068 06/28/2018 RAFTELIS FINANCIAL CONSULTANTS INC 4,435.25 369069 06/28/2018 GAUDET ASSOCIATES INC 859.10 369070 06/28/2018 KELLY LORRAINE HAMLIN 40.00 369071 06/28/2018 ALEX MIKLO 130.00 369072 06/28/2018 BURNETT LIME CO INC 12,716.20 369073 06/28/2018 PENGUIN RANDOM HOUSE LLC 512.55 369074 06128/2018 C E R SIGNATURE CLEANING 850.00 369075 06/28/2018 CHEMTRADE CHEMICALS CORPORTATION 2,276.01 369076 06/28/2018 SAMBA HOLDINGS INC 1,487.52 369077 06/28/2018 FAMILY SUPPORT REGISTRY 9.66 369078 06/28/2018 THE LAW OFFICES OF 70.00 369079 06/28/2018 BERNARD EGAN & COMPANY 186,962.99 369080 06/28/2018 AMERITAS 27,815.40 369081 06/28/2018 MASCHMEYER CONCRETE COMPANY OF FLORIDA 1,447.38 369082 06/28/2018 C M CRAWFORD ARCHITECT INC 452.12 369083 06/28/2018 SYLIVIA MILLER 780.00 369084 06/28/2018 14AWKINS INC 181.25 369085 06/28/2018 CENTURY .PLACE Il LLC 567.00 369086 06/28/2018 SCRIPPS NP OPERATING LLC 59.40 369087 06/28/2018 SCRIPPS NP OPERATING LLC 885.76 369088 06/28/2018 SCRIPPS NP OPERATING LLC 3,390.00 369089 06/28/2018 COCA COLA BEVERAGES FLORIDA LLC 189.36 369090 06/28/2018 JOSEPH DIZONNO 100.00 369091 06/28/2018 CATHEDRAL CORPORATION 2,605.24 369092 06/28/2018 SOUTHEASTERN SURVEYING & MAPPING CORP 13.264.00 369093 06/28/2018 UNIFIRST CORPORATION 1,979.06 369094 06/28/2018 TAMI GAY 400.00 369095 06/28/2018 SCHUMACHER AUTOMOTIVE DELRAY LLC 90.05 369096 06/28/2018 SITEONE LANDSCAPE SUPPLY LLC 177.59 369097 06/28/2018 CSMA SFR HOLDINGS II -LLC 547.00 369098 06/28/2018 EGP DOCUMENT SOLUTIONS LLC 68.69 369099 06/28/2018 CROSSOVER MISSION 12,_500.00 369100 06/28/2018 NORTH AMERICAN OFFICE SOLUTIONS INC 25.00 369101 06/28/2018 FLORIDA EAST COAST HOLDINGS CORP 8,987.24 369102 06/28/2018 RUSSELL L OWEN III 25.00 369103 06/28/2018 STEVES FROZEN CHILLERS OF FLORIDA SPACE CORS" 258.00 369104 06/28/2018 CARDIAC SCIENCE CORPORATION 1,485.90 369105 06/28/2018 AC VETERINARY SPECIALTY SERVICES 122.1.9 369106 06/28/2018 EDWARD ILLIDGE 1.10.00 369107 06/28/2018 MATHESON TRI -GAS INC 3,854.27 369108 06/28/2018 PEOPLE READY INC 11,866.00 369109 06/28/2018 ROBERT O RICHARDSON I11 110.00 369110 06/28/2018 EMILY GOUGE 110.00 5 TRANS NBR DATE VENDOR AMOUNT. 369111 06/28/2018 AQSEPTENCE GROUP INC 1,593.32 369112 06/28/2018 COLE AUTO SUPPLY INC 57037 369113 06128/20.18 NORTH CAROLINA DEPARTMENT OF REVENUE 109.32 369114 06128/2018 ADVANCED ROOFING INC 122,499.93 369115 06/28/2018 THOMAS R PILIERO 48.00. 369116 06/28/2018 SARAH KELLY 60.00 369117 06128/2018 AQUATIC SYNERGY LLC 260.00 369118 06/28/2018 RELX INC 100.00 369119 06/28/2018 NESTLE WATERS NORTH AMERICA 41.97 369120 06/28/2018 VEOLIA WATER TECHNOLOGIES INC 27,728.85 369121 06/28/2018 CORE & MAIN LP 17,537.04 3691.22 06/28/2018 ERIC SKALA 60.00 369123 06/28/2018 ADVANTAGE GOLF CARS INC 237.38 369124 06/28/2018 STEWART MATERIALS LLC 1,461.21 369125 06/28/2018 ENVIRONMENTAL SCIENCE ASSOCIATES 14,303.81 369.126 06/28/2018 BROWNELLS INC 8._539.25 3691.27 06/28/2018 ABISCOM INC 121.37 369128 06/282018 EVANGELINE SCHOBER 28.00 369129 06/282018 ENGINEERED SERVICES INC 1,185.00 369130 0628/2018 STEPHEN STONE 120.00 369131 06/282018 JOSEPH LORINO 120.00 369132 06282018 BEST VERSION MEDIA LLC 244.00 369133 06/282018 SHAWN MC CLAIN 60.00 369134 06282018 570 13TH PLACE LLC 1,014.00 369135 0628/2018 EMPIRE PIPE ORLANDO LLC 55,809.90 369136 06282018 CONCRETE CONSERVATION INC 71,280.00 369137 06/282018 TAYLOR ANNE HATTON 270.00 369138 06282018 AI ASSETS INC 5,118.87 369139 06/28/2018 WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIO 1,650.00 369140 06282018 INDIAN RIVER REHABILITATION MEDICINE 8,096.46 369141 0628/2018 FILIZZOLA NOVA SPECIAL SERVICE LLC 1,259.38 369142 06/282018 UTIL REFUNDS 36.06 369143 0628/2018 UTIL REFUNDS 31.09 369144 0628/2018 UTIL REFUNDS 75.16 369145 0628/2018 UTIL REFUNDS 192.49 369146 0628/2018 UTIL REFUNDS 77.85 369147 0628/2018 UTIL REFUNDS 36.87 369148 06128/2018 UTIL REFUNDS 8.92 369149 06/28/2018 UTIL REFUNDS 741.85 369150 06/282018 UTIL REFUNDS 30.98 369151 06128/2018 UTIL REFUNDS 31.50 369152 06282018 UTIL REFUNDS 74.70 369153 06282018 UTIL REFUNDS 36.49 369154 0628/2018 UTIL REFUNDS 27.09 369155 06282018 UTIL REFUNDS 829.73 369156 062812018 UTIL: REFUNDS 77.63 369157 06282018 UTIL REFUNDS 43.15 369158 06/28/2018 UTIL REFUNDS 65.82 369159 0628/2018 UTIL REFUNDS 16.91. 369160 06/28/2018 UTIL REFUNDS 37.12 369161 06/282018 UTIL REFUNDS 81.16 369162 0628/2018 UTIL REFUNDS 74.27 369163 06/28/2018 UTIL REFUNDS 44.04 369164 06/28/2018 UTIL REFUNDS 63.63 369165 06/282018 UTIL REFUNDS 39.47 369166 06/282018 UTIL REFUNDS 40.33 369167 06/28/2018 UTIL REFUNDS 70.44 369168 06/28/2018 UTIL REFUNDS 746.16 369169 06/28/2018 UTIL REFUIN'DS 83.05 369170 0628/2018 UTIL REFUNDS 34.35 6 TRANS NBR DATE VENDOR AMOUNT 369171 06/28/2018 UT1L REFUNDS 90.41 Grand Total: .3,356,868.69 6 ELECTRONIC PAYMENT - VISA CARD r TRANS. NBR DATE VENDOR AMOUNT 1013459 06/22/2018 EVERGLADES FARM EQUIPMENT CO INC 1,179.66 1013460 06/22/2018 COLKITT SHEET METAL & A/C INC 453.00 1013461 06/22/2018 NORTH SOUTH SUPPLY INC 100.86 1013462 06/22/2018 INDIAN RIVER BATTERY 657.25 1013463 06/22/2018 INDIAN 'RIVER OXYGEN INC 1,114.30 1013464 06/22/2018 DEMCO INC 93.66 1013465 06/2212018 APPLE INDUSTRIAL SUPPLY CO 716.90 1013466 0622/2018 GALLS LLC 68833 1013467 06/22/2018 GROVE WELDERS INC 285.88 1013468 06/22/2018 SOUTHERN COMPUTER WAREHOUSE 1,395.12 1013469 06/22/2018 BENNETT AUTO SUPPLY INC 120.40 1013470 06222018 PACE ANALYTICAL SERVICES INC 3;899.00 1.013471 0622/2018 FPS OFFICE SOLUTIONS LLC 495.84 1013472 06/22/2018 ALLIED DIVERSIFIED OF VERO BEACH LLC 85.00 1013473 0622/2018 GUARDIAN ALARM OF FLORIDA LLC 120.00 101.3474 0622/2018 FILTRATION GROUP CORPORATION 402.16 1013475 0622/2018 NEXAI:R LLC 310.72 1013476 06/26/2018 EVERGLADES FARM EQUIPMENT CO INC 230.62 1013477 06/26/2018 HELENA CHEMICAL 843.63 1013478 06262018 INDIAN RIVER BATTERY 1,002.00 1013479 06/262018 DEMCO INC 168.75 1013480 06262018 APPLE INDUSTRIAL SUPPLY CO 68.79 1013481 06262018 ABCO GARAGE DOOR CO INC 124.00 1013482 06/262018 ALLIED UNIVERSAL CORP 4,1.34.40 1013483 06262018 IRRIGATION CONSULTANTS UNLIMITED INC 212.49 1013484 0626/2418 HILL MANUFACTURING CO INC 1,107.11 1013485 06262018 GROVE WELDERS INC 79.55 1013486 06/262018 GROVE WELDERS INC 1,057.06 1013487 06262018 FIRST HOSPITAL LABORATORIES INC 903.00 1013488 06/26/2018 APPLE MACHINE & SUPPLY CO 540.01 1013489 06/262018 COMO OIL COMPANY OF FLORIDA 225.42 1013490 06262018 GLOBAL GOLF SALES INC 26.25 1013491 06262018 FLAGLER CONSTRUCTION EQUIPMENT LLC 242.80 1013492 0626/2018 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 1.08235 101.3493 06262018 HYDRA SERVICE (S) INC 1,022.40 1013494 06/262018 EASY PICKER GOLF PRODUCTS INC 1,237.60 1013495 06/26/2018 IMAGENET CONSULTING LLC 324.80 1013496 06/26/2018 GUARDIAN ALARM OF FLORIDA LLC 98.75 1013497 06262018 AT&T 10,096.33 1013498 06/26/2018 OFFICE DEPOT BSD CUSTOME.R,SVC 2,290.68 1013499 06260-018 WASTE .MANAGEMENT INC 7,588.29 1013500 06262018 COMCAST 176.84 1013501 0628201.8 AT&T 1,111.91 1013502 06282018 OFFICE DEPOT BSD CUSTOMER SVC 1,923.91 1013503 06/28/2018 ROBINSON EQUIPMENT COMPANY INC 245.50 1013504 0628/2018 SSSS INC 66.90 1.013505 0628/2018 MIKES GARAGE & WRECKER SERVICE INC 645.00 1013506 0628/2018 MEEKS PLUMBING INC 509.00 1013507 062812018 AIR COMPRESSOR WORKS INC 7.340.00 101.3508 06/2820/8 JOHN DEERE COMPANY 35,038.87 1013509 06282018 SOUT14ERN COMPUTER WAREHOUSE 2.035.01 1013510 06/282018 HD SUPPLY FACILITIES MAINTENANCE LTD 152.14 10133511 06/282018 PRIDE ENTERPRISES 37.50 1013512 06282018 SOUTHERN PLUMBING INC 680.00 101.3513 06282018 SHRIEVE CHEMICAL CO 7,247.10 1013514 06/28/2018 RECHTIEN INTERNATIONAL TRUCKS 1,484.28 1.013515 06/282018 METRO FIRE PROTECTION SERVICES INC 1.787.50 1013516 06/2812018 L&L DISTRIBUTORS 979.10 TRANS. MR DATE VENDOR AMOUNT 10.13517 06/28/2018 FOXCROFT EQUIPMENT AND SERVICE COMPANY LLC 11,019.45 1013518 06/28/*2018 WRIGHT FASTENER COMPANY LLC 492.00 1013519 06/28/2018 PACE ANALYTICAL SERVICES INC 108.00 1013520 06/28/2018 TIGHT LINE PRODUCTIONS INC 422.010 ,1013521 06/28/2018 NEXAIR LLC 759.84, Grand Total: 111,087.01 2 ELECTRONIC PAYMENTS WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 6012 06/22/201.8 CDM SMITH INC 3,251.16 6013 06/22/2018 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 150.00 6014 06/22%2018 1 R C HEALTH INSURANCE - TRUST 2,743.98 .6015 06/22/2018 ALLSTATE 245.70 6016 06/22/2018 MUTUAL OF OMAHA 7,413.72 6017 06/22/2018 VEROTOWN LLC 3,500.00 6018 06/22/2018 WRIGHT EXPRESS FSC 24,047.97 6019 06/22/2018 HIGHMARK STOP LOSS 76.02 6020 06/25/2018 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 36,250.00 6021 06/25/2018 1 R C HEALTH INSURANCE - TRUST 630,493.50 6022 06/25/2018 RUSSELL PAYNE INC 78,581.16 6023 06/25/2018 MUTUAL OF OMAHA 16,864.65 6024 06/25/2018 HIGHMARK STOP LOSS 18,371.50 6025 06/25/2018 FIDELITY SECURITY LIFE INSURANCE COMPANY 3,089.04 6026 06/26/2018 RX .BENEFITS INC 267,551.40 6027 06/28/2018 TOTAL ADMINISTRATIVE SERVICES CORP 11,168.83 Grand Total: 1,103,798.63 10 CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: June 26, 2018 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Mike Smykowski, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Bid 2018060 — Annual Bid for Utilities Concrete Restoration BACKGROUND: The Department of Utility Services requested the solicitation of annual bids to establish firm fixed pricing for concrete curb, sidewalk and driveway repairs on an as -needed basis. The work is necessary after Utilities crews have made repairs under private driveways and sidewalks:.The term of this bid is one year, with the option for two additional one-year renewals, subject to vendor acceptance, satisfactory performance and staff's determination that the renewal would be in the best interest of the County. BID RESULTS: Advertising Date: May 16, 2018 Bid Opening Date: June 7, 2018 Demandsta r/Bid Express Broadcast to: 393 Subscribers Bid Documents Downloaded by: 8 Vendors Replies: 2 Vendors Pete's Concrete's bid was not presented to the Department for consideration and was declared non-responsive for tailure to provide fixed pricing for each line item on the bid form. Bidder's Name location Total Base. Bid (one of each item) Professional Services Group, LLC Deland $1,458.00 Pete's Concrete & Design Vero Beach $9,250.00 - $11,800.00 11 CONSENT ANALYSIS: The department has reviewed references for Professional Services Group, LLC and has determined they are the lowest responsive and responsible bidder. To date, $55,350 has been expended with Pete's Concrete, with typical jobs billed at a lump sum of $850 each. The new bid was structured to obtain pricing per cubic yard, and is anticipated to result in lower overall costs for the work. SOURCE OF FUNDS: Funds for the anticipated purchases are available in the following accounts, which come from operating funds and are generated from water and sewer revenues. Account Number Account Description Spent FY 16/17 Spent to Date Estimated FY 17/18 Remainder FY 17/18 47126936-035310 Water Distribution — $39,560 $51,250 $17,000 Paving Material 47126836-035310 Wastewater Collection — $3,350 $2,500 $1,000 Paving Material RECOMMENDATION: Staff recommends the Board award bid 2018060 to Professional Services Group, LLC. Staff also recommends the Board authorize the Purchasing Division to issue blanket purchase orders to the awarded bidder, and authorize the Purchasing Manager to renew this bid for two (2) additional one (1) year periods subject to satisfactory performance, vendor acceptance, and the determination that renewal of this annual bid is in the best interest of Indian River County. 12 CONSENT: 7/10/18 g�v Of ce of gC' INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attomey MEMORANDUM TO: Board of County Commissioners ,� FROM: Dylan Reingold - County Attorney 'X DATE: July 2, 2018 RE: Resolutions Delegating the Authority to the County Administrator or his Designee to Call Letters of Credit and to Act on Behalf of Indian River County during the time frames of July 18, 2018, through and including August 13, 2018; and August 15, 2018, through and including September 10, 2018 The Indian River County Board of County Commissioners has canceled regularly scheduled meetings during the two time frames of July 18, 2018, through and including August 13, 2018; and August 15, 2018, through and including September 10, 2018. During these two intervals, it is necessary and desirable that the Board delegate to the County Administrator, or his designee, the authority to call Letters of Credit that may expire during these two time intervals. Further, it is necessary and desirable that the Board delegate to the County Administrator; or his designee the authority to execute all other documents necessary for the proper functioning of the County. In Resolution No. 2017-120, the Board delegated the authority to sign any resolution or proclamation of local emergency or state-wide emergency that affects Indian River County, together with any and all emergency orders and other acts required in connection therewith, to the County Administrator, or his designee. Resolution No. 2017-120 remains in full force and effect through December 31, 2018. Additionally, in Resolution No. 2017-121, the Board delegated to the County Administrator or his designee; the authority to sign resolutions on behalf of the Board to call letters of credit which may expire or otherwise require action to be taken during the period of a declared state of local emergency or declared State of Florida emergency affecting Indian River County. Resolution No. 2017-121 also remains in full force and effect through the calendar year 2018. Funding: There is no expense associated with this item. 13 Requested Action: Authorize the Chairman to sign the two Resolutions as presented, delegating the authority to call Letters of Credit and delegating full signing authority during the periods commencing July 18, 2018, through and including August 13, 2018; and August 15, 2018, through and including September 10, 2018, respectively. /nhm Attachments 2 14 RESOLUTION NO. 2018- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING AUTHORITY TO THE COUNTY ADMINISTRATOR OR HIS DESIGNEE, TO EXECUTE RESOLUTIONS CALLING LETTERS OF CREDIT AS NECESSARY DURING THE PERIOD COMMENCING JULY 18, 2018, THROUGH AND INCLUDING AUGUST 13, 2018, AND FURTHER DELEGATING TO THE COUNTY ADMINISTRATOR OR HIS DESIGNEE, THE AUTHORITY TO EXECUTE ALL DOCUMENTS NECESSARY TO THE PROPER FUNCTIONING OF THE COUNTY DURING THE PERIOD COMMENCING JULY 18, 2018, THROUGH AND INCLUDING AUGUST 13, 2018. WHEREAS, at the October 10, 2017 Board of County Commissioners meeting, the Board canceled regularly scheduled Board meetings during the period commencing July 18, 2018, through and including August 13, 2018; WHEREAS, Section 101.05.1.q of The Code of Indian River County allows the Board to authorize the County Administrator, or his designee, to perform other duties on behalf of the Board of County Commissioners WHEREAS, various letters of credit are posted with the County to, among other things, guaranty performance or warranty as well as compliance and restoration of sand mines, and many letters of credit have certain call language requiring a resolution of the Board of County Commissioners declaring default or failure to post alternate security; WHEREAS, it is necessary to delegate specific authority to execute resolutions on behalf of the Board of County Commissioners to call letters of credit; WHEREAS, it is necessary to delegate additional signing authority, not previously delegated by Florida Statutes, The Code of Indian River County, and Indian River County resolutions, to each of the County Administrator or his designee; and WHEREAS, pursuant to Resolution No. 2017-120 and section 101.10(1) of The Code of Indian River County, the Board of County Commissioners previously delegated to the Indian River County Administrator acting as Indian River County Emergency Services District Director, or his designee, the authority:. (i) to declare a state of local emergency for Indian River County pursuant to Florida Statutes section 252.38(3)(a)(5); and (ii) pursuant to any duly issued Executive Order concerning Emergency Management issued by the Governor of the State of Florida declaring that a disaster and/or emergency [as such terms are defined in Florida Statutes section 252.34 (2) and (4) 15 RESOLUTION NO. 2018 - respectively] exists in Indian River County, to issue orders and rules, including, without limitation, the ability .to issue Emergency Orders for Indian River County, during the period of the declared emergency, and such delegation in Resolution No. 2017-120 remains in full force and effect; and WHEREAS, pursuant to Resolution No. 2017-121, the Board of County Commissioners previously delegated to the Indian River County Administrator or his designee, the authority to execute resolutions on behalf of the Board to call letters of credit which might expire or otherwise require action to be taken during the period of a declared state of local emergency or declared State of Florida emergency affecting Indian River County, and such delegation in Resolution No. 2017-121 remains in full force and effect. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The County Administrator, or his designee, is hereby delegated the authority to execute resolutions on behalf of the Board of County Commissioners to call letters of credit which might expire or otherwise require action to be taken during the period commencing July 18, 2018, through and including August 13, 2018. Any resolutions executed by the County Administrator or his designee, to call letters of credit during the period commencing July 18, 2018, through and including August 13, 2018, are to be accompanied by a copy of this Resolution. 2. The County Administrator, or his designee, is hereby authorized to execute all documents necessary to the proper functioning of the County, which may arise during the period commencing July 18, 2018, through and including August 13, 2018, provided that all such documents signed during such interval are brought to the Board of County Commissioners for ratification. 3. The Effective Date of this Resolution is July 18, 2018, and this Resolution shall expire without further action of this Board at the close of business on August 13, 2018. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc 2 16 RESOLUTION NO. 2018 - The Chairman thereupon declared this Resolution duly passed: and adopted this 10th day of July, 2018. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY; FLORIDA Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Approved as to form and legal sufficiency By Dyla eingold, County Attorney Peter D. O'Bryan, Chairman 3 17 RESOLUTION NO. .2018- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING AUTHORITY TO THE COUNTY ADMINISTRATOR OR HIS DESIGNEE, TO EXECUTE RESOLUTIONS CALLING LETTERS OF CREDIT AS NECESSARY DURING THE PERIOD COMMENCING AUGUST 15, 2018, THROUGH AND INCLUDING SEPTEMBER 10, 2018, AND FURTHER DELEGATING TO THE COUNTY ADMINISTRATOR OR HIS DESIGNEE, THE AUTHORITY TO EXECUTE ALL DOCUMENTS NECESSARY TO THE PROPER FUNCTIONING OF THE COUNTY DURING THE PERIOD COMMENCING AUGUST 15, 2018, THROUGH AND INCLUDING SEPTEMBER 10, 2018. WHEREAS, at the October 10, 2017 Board of County Commissioners meeting, the Board canceled regularly scheduled Board meetings during the period commencing August 15, 2018, through and including September 10, 2018; WHEREAS, Section 101.05.1.q of The Code of Indian River County allows the Board to authorize the County Administrator, or his designee, to perform other duties on behalf of the Board of County Commissioners; WHEREAS, various letters of credit are posted with the County to, among other things, guaranty performance or warranty as well as compliance and restoration of sand mines, and many letters of credit have certain call language requiring a resolution of the Board of County Commissioners declaring default or failure to post alternate security; WHEREAS, it is necessary to delegate specific authority to execute resolutions on behalf of the Board of County Commissioners to call letters of credit; WHEREAS, itis necessary to delegate additional signing authority, not previously delegated by Florida Statutes, The Code of Indian River County, and Indian River County resolutions, to each of the County Administrator or his designee; and WHEREAS, pursuant to Resolution No. 2017-120 and section 101.10(1) of The Code of Indian River County, the Board of County Commissioners previously delegated to the Indian River County Administrator acting as Indian River County Emergency Services District Director, or his designee, the authority: (i) to declare a state of local emergency for Indian River County pursuant to Florida Statutes section 252.38(3)(a)(5); and (ii) pursuant to any duly issued Executive Order. concerning Emergency Management issued by the Governor of the State of Florida declaring that a disaster and/or emergency [as such terms are defined in Florida Statutes section 252.34 (2) and (4) RESOLUTION NO. 2018 - respectively] exists in Indian River County, to issue orders and rules, including, without limitation, the ability to issue Emergency Orders for Indian River County, during the period of the declared emergency, and such delegation in Resolution No. 2017-120 remains in full force and effect; and WHEREAS, pursuant to Resolution No. 2017-121, the Board of County Commissioners previously delegated to the Indian River County Administrator or his designee, the authority to execute resolutions on behalf of the Board to call letters of credit which might expire or otherwise require action to be taken during the.period of.a declared state of local emergency or declared State of Florida emergency affecting Indian River County, and such delegation in Resolution No. 2017-121 remains in full force and effect. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The County Administrator, or his designee, is hereby delegated the authority to execute resolutions on behalf of the Board of County Commissioners to call letters of credit which might expire or otherwise require action to be taken during the period commencing August 15, 2018, through and including September 10, 2018. Any resolutions executed by the County Administrator or his designee, to call letters of credit during the period commencing August 15, 2018, through and including September 10, 2018, are to be accompanied by a copy of this Resolution. 2. The County Administrator, or his designee, is hereby authorized to execute all documents necessary to the proper functioning of the County, which may arise during the period commencing August 15, 2018, through and including September 10, 2018, provided that all such documents signed during such interval are brought to the Board of County Commissioners for ratification. 3. The Effective Date of this Resolution is August 15, 2018, and this Resolution shall expire without further action of this Board at the close of business on September 10, 2018. This Resolution was moved for adoption by Commissioner and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc 2 19 RESOLUTION NO. 2018 - The Chairmanthereupon declared this Resolution duly passed and adopted this 10th day of July, 2018. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith, Clerk of Court and Comptroller LM Deputy Clerk Approved as to form and legal sufficiency By Dyl2df Reingold; County Attorney By Peter D. O'Bryan, Chairman 3 20 80 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: June 28, 2018 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Subject: West Wabasso Phase II Septic to Sewer Approval of Cost Share Funding Agreement DESCRIPTIONS AND CONDITIONS: On May 1, 2018, the Indian River County Board of County Commissioners (BCC) authorized staff to continue contract negotiations with the Saint Johns River Water Management District (SJRWMD) staff on the Fiscal Year (FY) 2018-2019 Cost -Share Grant Agreement. ANALYSIS/ENGINEERING: The County submitted an application to SJRWMD FY 2018/2019 Cost Share Grant program on February 13, 2018. The SJRWMD received 61 applications. Of the 7 that did not qualify for various reasons, the remaining 54 were scored and ranked. Total funding requests of the qualified applications were $33,382,744. SJRWMD's available funding for this year's program is only $16 million. Therefore, out of the 54 applications, only the top 27 applications were recommended to receive SJRWMD cost share funds. The West Wabasso Phase II Septicto Sewer project ranked 9 in the top 27 applications eligible for funding. This reimbursable grant covers only 33% of the construction cost. FINANCING/FUNDING: The estimated construction cost is $2,500,000, of which 33% will be reimbursed by the SJRWMD Cost -Share Grant. Please note that the SJRWMD Cost -Share funding amount will be based on 33% of the actual construction cost for a maximum grant funding of $825,000. Project funding will not be available until after October 1, 2018. Project must be completed by September 30, 2019. Other funding sources are as follows: • Indian River County Pledged funding up to $1,475,000, as approved by BCC May 1, 2018 • IRLNEP funding award of $200,000. Note agreement has not been finalized • DEP funding award of $450,000. Note agreement has not been finalized RECOMMENDATION: Staff recommends approval of the Cost -Share agreement and requests the Board of County Commissioners to authorize the Chairman to execute the same on their behalf. Please note that if, during the procurement process, bids are much higher than the engineer's opinion of probable cost, the County has the option to close the agreement early without addressing any construction. The early closeout of the agreement would be brought as a new item to the board at that time. ATTACHMENT(s): 1. FY 2018/2019 Cost Share Agreement for West Wabasso Phase I Septic to Sewer (12 Pages) Page 1& 1 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@6831E12C\@BCL@6831E12C.docx G1 Contract #33228 COST -SHARE AGREEMENT BETWEEN THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT AND INDIAN RIVER COUNTY THIS AGREEMENT ("Agreement") is entered into by and between the GOVERNING BOARD of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (the "District"), whose address is 4049 Reid Street, Palatka, Florida 32177, and INDIAN RIVER COUNTY ("Recipient"), 180127`1 Street, Building A, Vero Beach, Florida 32960-3388. All references to the parties hereto include the parties, their officers, employees, agents, successors, and assigns. RECITALS The waters of the, state of Florida are among its basic resources, and it has been declared to be the policy of the Legislature to promote the conservation, development, and proper utilization of surface and ground water. Pursuant to chapter 373, Fla. Stat., the District is responsible for the management of the water resources within its geographical area. The District 2018-2019 cost -share funding program is designed to fund the construction of local stormwater management and alternative water supply projects as well as conservation implementation projects. Its goals are to contribute to: (1) reduction in water demand through indoor and outdoor conservation measures; (2) development of alternative or non-traditional water supply sources; such as reclaimed water, surface water, or seawater; (3) water quality improvements (for example, nutrient -loading reduction in springsheds or other surface -water systems); and (4) water resource development opportunities (for instance, increasing available source water through expansion or development of surface -water storage). The current cost - share funding program also recognizes the importance of providing funding opportunities for construction of flood protection and natural -systems restoration projects, which are important components of the District's core mission focus. The District has determined that providing cost -share funding to Recipient for the purposes provided for herein will benefit the water resources and one or more of the District's missions and initiatives. At its April 2018 meeting, the Governing Board selected Recipient's proposal for cost -share funding. The parties have agreed to jointly fund the following project .in accordance with the funding formula further described in the Statement of Work, Attachment A (hereafter the "Project"): West Wabasso Phase 2 Septic to Sewer Project In consideration of the above recitals, and the funding assistance described below, Recipient Agrees to-perforrn and complete the activities provided for in the -Statement -of Work, -Attachment A. Recipient shall complete the Project in conformity with the contract documents and all attachments and other items incorporated by reference herein. This Agreement consists of all of the following documents: (1) Agreement, (2) Attachment A — Statement of Work; and (3) all other attachments, if any. The parties hereby agree to the following terms and conditions. 22 Contract #33228 1. TERM; WITHDRAWAL OF OFFER (a) The term of this Agreement is from the date upon which the last party has dated and executed the same ("Effective Date") until September 30, 2019 ("Completion Date"). Recipient shall not commence the Project until any required submittals are received and approved. Time .is of the essence for every aspect of this Agreement, including any time extensions. Any request for an extension of time beyond the Completion Date must be made before July 1, 2019. Timely requests to extend, for longer than six months, the Completion Date of the Agreement for projects whose District contribution exceeds $100,000 may only be approved by the District's Governing Board. Notwithstanding specific mention that certain provisions survive termination or expiration of this Agreement, all provisions of this Agreement that by their nature extend beyond the Completion Date survive termination or expiration hereof (e.g., delivery of a final report, will remain in full -force and effect after the Completion Date as necessary to effect performance). (b) This Agreement constitutes an offer until authorized, signed and returned to the District by Recipient. This offer terminates 90 days after receipt by Recipient; provided, however, that Recipient may submit a written request for extension of this time limit to the District's Project Manager, stating the reason(s) therefor. Request for extension of time after the 90 days will be denied. The Project Manager shall notify Recipient in writing if an extension is granted or denied. If granted, this Agreement shall be deemed modified accordingly without any further action by the parties. (c) If the construction project, or the conservation project, which is eligible for District reimbursement, does not begin before June 30, 2019, the cost -share agreement will be subject to termination and the funds subject to reallocation. 2. DELIVERABLES. Recipient shall fully implement the Project, as described in the Statement of Work, Attachment A. Recipient is responsible for the professional quality, technical accuracy, and timely completion of the Project. Both workmanship and materials shall be of good quality. Unless otherwise specifically provided for herein, Recipient shall provide and pay for all materials, labor, and other facilities and equipment necessary to complete the Project. The District's Project Manager shall make a final acceptance inspection of the Project when completed and finished in all respects. Upon satisfactory completion of the Project, the District will provide Recipient a written statement indicating that the Project has been completed in accordance with this Agreement. Acceptance of the final payment by Recipient shall constitute a release in full of all claims against the District arising from or by reason of this Agreement. 3. OWNERSHIP OF DELIVERABLES. Unless otherwise provided herein, the District does not assert an ownership interest in any of the deliverables under this Agreement. 4. AMOUNT OF FUNDING. (a) For satisfactory completion of the Project, the District shall pay Recipient 33% of the total estimated construction cost of the Project, but in no event shall the District cost -share exceed $825,000. The District cost -share is not subject to modification based upon price escalation in implementing the Project during the term of this Agreement. Recipient shall be responsible for payment of all costs necessary to ensure completion of the Project. Recipient shall notify the District's Project -Manager in writing upon receipt of any additional external funding for the Project not disclosed prior to execution of this Agreement. (b) "Construction cost" is defined to include actual costs of constructing Project facilities, including construction management. Land acquisition, engineering design, permitting, and solicitation costs are excluded. Construction cost does not include any costs incurred prior to the Effective Date, unless expressly authorized by the Statement of Work. Costs that are excluded will not be credited toward Recipient's cost -share. (c) Cooperative funding shall not be provided for expenses incurred after the Completion Date. -2- 23 Contract #33228 5. PAYMENT OF INVOICES (a) Recipient shall submit itemized invoices as per the Statement of Work, Attachment A for reimbursable expenses by one of the following two methods: (1) by email to acctpay(cr).sjrwmd.com (preferred) or (2) by mail to the St Johns River Water Management District, Finance Director, 4049 Reid Street, Palatka, Florida 32177-2571. The invoices shall be submitted in detail sufficient for proper pre -audit and post - audit review. Invoices shall include a copy of contractor and supplier invoices to Recipient and proof of payment. Recipient shall be reimbursed for 1,00% of approved cost or the not -to -exceed sum of $825,000, whichever is less. The District shall not withhold any retainage from this reimbursement. District reimbursement is subject to annual budgetary limitation, if applicable, as provided in subsection (g). If necessary for audit purposes, Recipient shall provide additional supporting information as required to document invoices. (b) End of District Fiscal Year Reporting. The District's fiscal year ends on September 30. Irrespective of the invoicing frequency, the District is required to account for all encumbered funds at that time. When authorized under the Agreement, submittal of an invoice as of September 30 satisfies this requirement. The invoice shall be submitted no later than October 30. If the Agreement does not authorize submittal of an invoice as of September 30, Recipient shall submit, prior to October 30, a description of the additional work on the Project completed between the last invoice and September 30, and an estimate of the additional amount due as of. September 30 for such Work. If there have been no prior invoices, Recipient shall submit a description of the work completed on the Project through September 30 and a statement estimating the dollar value of that work as of September 30. (c) Final Invoice. The final invoice must be submitted no later than 45 days after the Completion Date; provided, however, that when the Completion Date corresponds with the end of the District's fiscal year (September 30), the final invoice must be submitted no later than 30 days after the.Completion Date. Final invoices that are submitted after the requisite date shall be subject to a penalty of ten percent of the invoice. This penalty may be waived by the District, in its sole judgment and discretion, upon a showing of special circumstances that prevent the timely submittal of the final invoice. Recipient must request approval for delayed submittal of the final invoice not later than ten days prior to the due date and state the basis for the delay. (d) All invoices shall include the following information: (1) District contract number; (2) Recipient's name, address, and authorization to directly deposit payment into Recipient's account (if Recipient has not yet provided the District with a completed Direct Deposit Authorization form); (3) Recipient's invoice number and date of invoice; (4) District Project Manager; (5) Recipient's Project Manager; (6) supporting documentation as to cost and/or Project completion (as per the cost schedule and other requirements of the Statement of Work); (8) Diversity Report (if otherwise required herein). Invoices that do not correspond with this paragraph shall be returned without action within 20 business days of receipt, stating the basis for rejection. Payments shall be made within 45 days of receipt of an approved invoice. (e) Travel expenses. If the cost schedule for this Agreement includes a line item for travel expenses, travel expenses shall be drawn from the project budget and are not otherwise compensable. If travel expenses are not.included_in the. cost schedule,, they area cost of providing the service that -is borne -by Recipient and, are only compensable when specifically approved by the District as an authorized District traveler. In such instance, travel expenses must be submitted on District or State of Florida travel forms and shall be paid pursuant to District Administrative Directive 2000-02. (f) Payments withheld. The District may withhold or, on account of subsequently discovered evidence, nullify, in whole or in part, any payment to such an extent as may be necessary to protect the District from loss as a result of. (1) defective work not remedied; (2) failure to maintain adequate progress in the Project; (3) any other material breach of this Agreement. Amounts withheld shall not be considered due and shall not be paid until the ground(s) for withholding payment have been remedied. -3- 24 Contract #33228 (g) Annual budgetary limitation. For multi -fiscal year agreements, the District must budget the amount of funds that will be expended during each fiscal year as accurately as possible. The Statement of Work, Attachment A, includes the parties' current schedule for completion of. the Work and projection of expenditures on a fiscal year basis (October I — September 30) ("Annual Spending Plan"). If Recipient anticipates that expenditures will exceed the budgeted amount during any fiscal year, Recipient shall promptly notify the District's Project Manager and provide a proposed revised work schedule and Annual Spending Plan that provides for completion of the Work without increasing the Total Compensation. The last date for the District to receive this request is August I of the then -current fiscal year. The District may in its sole discretion prepare a District Supplemental Instruction Form incorporating the revised work schedule and Annual Spending Plan during the then -current fiscal year or subsequent fiscal year(s). 6. LIABILITY AND INSURANCE. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party, its officers, employees and agents. Recipient accepts all risks arising from construction or operation of the Project. Nothing contained herein shall be construed or interpreted as denying to any party any remedy or defense available under the laws of the state of Florida, nor as a waiver of sovereign immunity of the state of Florida beyond the waiver provided for in §768.28, Fla. Stat., as amended. Each party shall acquire and maintain throughout the term of this Agreement such liability, workers' compensation, and automobile insurance as required. by their current rules and regulations. If Florida Department of Environmental Protection ("FDEP") funds will be used to fund all or a portion of the Agreement, additional FDEP insurance requirements applicable to the Recipient are included in the insurance attachment to the Agreement. 7. FUNDING CONTINGENCY. This Agreement is at all times contingent upon funding availability, which may include a single source or multiple sources, including, but not limited to: (1) ad valorem tax revenues appropriated by the District's Governing Board; (2) annual appropriations by the Florida Legislature, or (3) appropriations from other agencies or funding sources. Agreements that extend for a period of more than one Fiscal Year are subject to annual appropriation of funds in the sole discretion and judgment of the District's Governing Board for each succeeding Fiscal Year. Should the Project not be funded, in whole or in part; in the current Fiscal Year or succeeding Fiscal Years, the District shall so notify Recipient and this Agreement shall be deemed terminated for convenience five days after receipt of such notice, or within such additional time as the District may allow. For the purpose of this Agreement, "Fiscal Year" is defined as the period beginning on October 1 and ending on September 30. 8. PROJECT MANAGEMENT (a) The Project Managers listed below shall be responsible for overall coordination and management of the Project. Either party may change its Project Manager upon three business days' prior written notice to the other party. Written notice of change of address shall be provided within five business days. All notices shall be in writing to the Project Managers at the addresses below and shall be sent by one of the following methods: (1) hand delivery; (2) U.S. certified mail; (3) national overnight courier; or (4) email. Notices via certified mail are deemed delivered upon receipt. Notices via overnight courier are deemed delivered one business day after having been deposited with the courier. Notices via e-mail are deemed delivered on the date transmitted and received. DISTRICT Melisa Diolosa, Project Manager St. Johns River Water Management District 525 Community College Parkway, S.E. Palm Bay, Florida 32909 Phone: 321-676-6622 Email: mdiolosa@sjrwmd.com RECIPIENT Arjuna Weragoda, P.E., Project Manager Indian River County 1801 27th Street, Building A Vero Beach, Florida 32960 Phone: 772-226-1821 Email: aweragoda@ircgov.com -4- 25 Contract 433228 (b) The District's Project Manager shall have sole responsibility for transmitting instructions, receiving information, and communicating District policies and decisions regarding all matters pertinent to performance of the Project. The District's Project Manager may issue a District Supplemental Instruction (DSI) form, Attachment C, to authorize minor adjustments to the Project that are consistent with the purpose of the Project. Both parties must sign the DSI. A DSI may not be used to change the District cost -share or percentage, quantity, quality or the Completion Date of the Project, or to change or modify the Agreement. 9. PROGRESS REPORTS AND PERFORMANCE MONITORING. (a) Progress Reports. Recipient shall provide to the District quarterly Project update/status reports as provided in the Statement of Work. Reports will provide detail on progress of the Project and outline any potential issues affecting completion or the overall schedule. Recipient shall use the District's Project Progress Report form, Attachment B. Recipient shall submit the Project Progress Reports to the District's Project Manager and District's Budget Specialist within 15 days after the closing date of each calendar quarter (March 31, June 30, September 30 and December 31). (b) Performance Monitoring. For as long as the Project is operational, the District shall have the right to inspect the operation of the Project during normal business hours upon reasonable prior notice. Recipient shall make available to the District any data that is requested pertaining to performance of the Project. 10. WAIVER. The delay or failure by the District to exercise or enforce any of its rights under this Contract shall not constitute or be deemed a waiver of the District's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 11. FAILURE TO COMPLETE PROJECT (a) Should Recipient fail to complete the Project, Recipient shall refund to the District all of the funds provided to Recipient pursuant to this Agreement. However, the District, in its sole judgment and discretion, may determine that Recipient has failed to complete the Project due to circumstances that are beyond Recipient's control, or due to a good faith determination that the Project is no longer environmentally or economically feasible. In such event, the District may excuse Recipient from the obligation to return funds provided hereunder. If the Project has not been completed within 30 days after the Completion Date, Recipient shall provide the District with notice regarding its intention as to completion of the Project. The parties shall discuss the status of the Project and may mutually. agree to revise the time for Project completion or the scope of the Project. Failure to complete the Project within 90 days after the Completion Date shall be deemed to constitute failure to complete the Project for the purposes of this provision. (b) In the event the Project constitutes a portion of the total functional project, this paragraph shall apply in the event the total functional project is not completed. In such event, the 90 -day timeframe provided herein shall commence upon the date scheduled for completion of the total functional project at the time of execution of this Agreement, unless extended by mutual agreement -of the parties. Paragraphs 11(a) and 1 l (b) shall survive the termination or expiration of this Agreement. 12. TERMINATION. If Recipient materially fails to fulfill its obligations under this Agreement, including any specific milestones established herein, the District may provide Recipient written notice of the deficiency by forwarding a Notice to Cure, citing the specific nature of the breach. Recipient shall have 30 days following receipt of the notice to cure the breach. If Recipient fails to cure the breach within the 30 -day period, the District shall issue a Termination for Default Notice terminating this Agreement without further notice. In such event, Recipient shall refund to the District all funds provided to Recipient pursuant to this Agreement within 30 days of such termination. The District may also terminate this Agreement upon ten days' written notice in the event of any material misrepresentations in the Project Proposal. -5- 26 Contract #33228 Delay or failure by the District to enforce any right, remedy or deadline hereunder shall not impair, or be deemed a waiver of, any such right, remedy or deadline, or impair the District's rights or remedies for any subsequent breach or continued breach of this Agreement. ADDITIONAL PROVISIONS (Alphabetical) 13. ASSIGNMENT. Recipient shall not assign this Agreement, or any monies due hereunder, without the District's prior written consent. Recipient is solely responsible for fulfilling all work elements in any contracts awarded by Recipient and payment of all monies due. No provision of this Agreement shall create a contractual relationship between the District and any of Recipient's contractors or. subcontractors. 14. AUDIT; ACCESS TO RECORDS; REPAYMENT OF FUNDS (a) Maintenance of Records. Recipient shall maintain its books and records such that receipt and expenditure of the funds provided hereunder are shown separately from other expenditures in a format that can be easily reviewed. Recipient shall keep the records of receipts and expenditures, copies of all reports submitted to the District, and copies of all invoices and supporting documentation for at least five years after expiration of this Agreement. In accordance with generally accepted governmental auditing standards, the District shall have access to and the right to examine any directly pertinent books and other records involving transactions related to this Agreement. In the event of an audit, Recipient shall maintain all required records until the audit is completed and all questions are resolved. Recipient will provide proper facilities for access to and inspection of all required records. (b) Repayment of Funds. District funding shall be subject to repayment after expiration of this Agreement if, upon audit examination, the District finds any of the following: (1) Recipient has spent funds for purposes other than as provided for herein, including but not limited to construction materials not used in the Project; (2) Recipient has failed to perform a continuing obligation of this Agreement; (3) Recipient has received duplicate funds from the District for the same purpose; (4) Recipient has been advanced or paid unobligated funds; (5) Recipient has been paid funds in excess of the amount Recipient is entitled to receive under the Agreement; and/or (6) Recipient has received more than 100% contributions through cumulative public agency cost -share funding. 15. CIVIL RIGHTS. Pursuant to chapter 760, Fla. Stat., Recipient shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, age, handicap, or marital status. 16. COOPERATION WITH THE INSPECTOR GENERAL, PURSUANT TO §20.055(5) FLA. STAT. Recipient and any subcontractors understand and will comply with their duty, pursuant to §20.055(5), Fla. Stat., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. 17. DISPUTE RESOLUTION. Recipient is under a duty to seek clarification and resolution of any issue, discrepancy, or dispute involving performance of this Agreement by submitting a written statement to the District's Project Manager no later than ten business days after the precipitating event. If not resolved by the Project Manager, the Project -Manager -shall forward the request to -the District's Office of General Counsel, which shall issue a written decision within ten business days of receipt. This determination shall constitute final action of the. District and shall then be subject to judicial review upon completion of the Project. 18. DIVERSITY REPORTING. The District is committed to the opportunity for diversity in the performance of all cost-sharing agreements, and encourages Recipient to make a good faith effort to.ensure that women and minority-owned business enterprises (W/MBE) are given the opportunity for maximum participation as contractors. The District will assist Recipient by sharing information on, W/MBEs. Recipient shall provide with each invoice a report describing: (1) the company names for all W/MBEs; (2) the type of minority, and (3) the amounts spent with each during the invoicing period. The report will also denote if there were no W/MBE expenditures. -6- 27 Contract #33228 19. GOVERNING LAW, VENUE, ATTORNEY'S FEES, WAIVER OF RIGHT TO JURY TRIAL. This Agreement shall be construed according to the laws of Florida and shall not be construed more strictly against one party than.against the other because it may have been drafted by one of the parties. As used herein, "shall" is always mandatory. In the event of any legal proceedings arising from or related to this Agreement: (1) venue for any state or federal legal proceedings shall be in Orange County; (2) each party shall bear its own attorney's fees, including appeals; (3) for civil proceedings, the parties hereby consent to trial by the court and waive the right to jury trial. 20. INDEPENDENT CONTRACTORS. The parties to this Agreement, their employees and agents, are independent contractors and not employees or agents of each other. Nothing in this Agreement shall be interpreted to establish any relationship other than that of independent contractors during and after the term of this Agreement. Recipient is not a contractor of the District. The District is providing cost -share funding as a cooperating governmental entity to assist Recipient in accomplishing the Project. Recipient is solely responsible for accomplishing the Project and directs the means and methods by which the Project is accomplished. Recipient is solely responsible for compliance with all labor, health care, and tax laws pertaining to Recipient, its officers, agents, and employees. 21. CONFLICTING INTEREST IN RECIPIENT. Recipient certifies that no officer, agent, or employee of the District has any material interest, as defined in §112.312, Fla. Stat., either directly or indirectly, in the business of Recipient to be conducted hereby, and that no such person shall have any such interest at any time during the term of this Agreement. 22. NON -LOBBYING. Pursuant to §216.347, Fla. Stat., as amended, Recipient agrees that funds received from the District under this Agreement shall not be used for the purpose of lobbying the Legislature or any other state agency. 23. PERMITS. Recipient shall comply with all applicable federal, state and local laws and regulations in implementing the Project and shall include this requirement in all subcontracts pertaining to the Project. Recipient shall obtain any and all governmental permits necessary to implement the Project. Any activity not properly permitted prior to implementation or completed without proper permits does not comply with this Agreement and shall not be approved for cost -share funding. 24. PUBLIC ENTITY CRIME. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not. be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in §287.017, Fla. Stat., for CATEGORY TWO ($35,000) for a period of 36 months following the date of being placed on the convicted vendor list. 25. PUBLIC RECORDS. Records of Recipient that are made or -received -in the course of performance of the Project may be public records that are subject to the requirements of chapter 119, Fla. Stat. If Recipient receives a public records request, Recipient shall promptly notify the District's Project Manager. Each party reserves the right to cancel this Agreement for refusal by the other party to allow public access to all documents, papers, letters, or other materials related hereto and subject to the provisions of chapter 119, Fla. Stat., as. amended. 26. ROYALTIES AND PATENTS. Recipient certifies that the Project does not, to the best of its information and belief, infringe on any patent rights. Recipient shall pay all royalties and patent and license fees necessary for performance of the Project and shall defend all suits or claims for infringement of any patent rights and save and hold the District harmless from loss tothe extent allowed by Florida law. -7- 28 Contract 433228 IN. WITNESS WHEREOF, the St. Johns River Water. Management District has caused this Agreement to be executed on the day and year written below in its name by its Executive Director, or duly authorized designee, and Recipient has caused this Agreement to.be executed on the day and year written below in its name by its duly authorized representatives, and, if appropriate, has caused the seal of the corporation to be attached. This Agreement maybe executed in separate counterparts, which shall not affect its validity. Upon execution, this Agreement constitutes the entire agreement of the parties, notwithstanding any stipulations, representations, agreements, or promises, oral or otherwise, not printed' or inserted herein. This Agreement cannot be changed by any means other than written amendments referencing this Agreement and signed by all parties. ST. JOHNS RIVER WATER INDIAN RIVER COUNTY MANAGEMENT DISTRICT By: By: Ann B. Shortelle, Ph.D., Executive Director (or designee) Date: Typed Name and Title Date: Attest: Typed Name and Title Attachments: Attachment A — Statement of Work Attachment B — Project Progress Report Form Attachment C — District Supplemental Instructions Form -8- 29 Contract #33228 ATTACHMENT A - STATEMENT OF WORK WEST WABASSO PHASE 2 SEPTIC TO SEWER I. INTRODUCTION/BACKGROUND The St. Johns River Water Management District (District) is continuing its Cooperative Cost Share Initiative Program in Fiscal Year (FY) 2018-2019 to develop and implement resource and water supply development projects and promote conservation. On April 10, 20.18, the District's Governing Board approved funding for Cooperative Cost Share projects. Each project selected for funding will have a positive benefit to one or more of the District's core missions; including water supply, water quality, natural systems or flood mitigation. Indian River County (Recipient) requested funding for their West Wabasso Phase 2 Septic to Sewer project (Project) for the not to exceed amount of $825,000, towards the estimated construction cost of $2,500,000. This request was approved by the Governing Board. The Recipient is located in Indian River County. II. OBJECTIVES The objective of this contract is to provide cost share dollars that will enable the Recipient to construct a septic to sewer project, which will reduce the nutrient discharge to the Indian River Lagoon. The estimated nutrient - load reduction benefit is 1,153 lbs./yr. Total Nitrogen. III. SCOPE OF WORK The Project is located south of CR -510 bounded to the west by 64" Avenue, 62nd Avenue to the east, and 831 Street to the south. The Project potentially will abandon 54 existing septic systems and connect to centralized sewer, and provide sewer hookups for 47 vacant parcels for a total of 101 parcels. The Project also includes construction of a gravity sewer system that will provide connection to the 101 parcels. IV. PROJECT ADMINISTRATION AND DELIVERABLES The Recipient shall be responsible for the following: • Complete and obtain final project design, construction plans, and specifications; • Obtain all required permits, including right of access to the project sites, related to project construction and subsequent operation and maintenance of the completed work; • Assure compliance with all permits and permit conditions; • Provide procurement for project construction; • Perform supervision and inspection of construction; • Perform construction contract administration; • Assure compliance with cost accounting practices and procedures required for reimbursement of cost share funds expended. The Recipient shall provide the following to the District's Project Manager: Timely invoices for actual construction costs in accordance with this cost share agreement (i.e. quarterly, with appropriate substantiation that demonstrates that the applicant has paid for the total work cost and is seeking reimbursement up to the match amount) to enable proper review by the District's Project Manager prior to payment authorization. Deliverables to be submitted with invoices include (as applicable): o List of addresses and types of the properties connected, as well as proof of connection for each property, as evidenced by copies of invoices for the connections by a licensed plumber or a utility contractor or building contractor, or certification by a Licensed Professional Engineer; -9 30 Contract #33228 • Quarterly progress reports identifying project progress to date, key milestones reached, overall project schedule versus time for project completion, an updated spend -down plan, key issues to be resolved, project construction photos. Quarterly reports shall also be emailed to the District's Budget Specialist at hnbarber@sjrwmd.com. • Certification of construction completion by a Professional Engineer registered in the state of Florida. The Recipient shall ensure the task in the Task Identification section below is completed. V. TASK IDENTIFICATION AND TIME FRAMES The expiration date of this cost share agreement is September 30, 2019. The projected schedule is as follows: Task Description Anticipated Start Date Anticipated Completion Date Construction of Project January 2019 June 2019 VI. BUDGET/COST SCHEDULE For satisfactory completion of the Project, the District shall pay Recipient 33% of the total construction cost of the Project, but in no event shall the District's cost -share exceed $825,000. It is anticipated that all work will be completed in Fiscal Year (FY) 2018-2019. Recipient shall invoice the District quarterly with appropriate documentation. The District's Project Manager shall provide an invoice template that will be used. Invoices shall include a copy of the contractor's invoices submitted to the Recipient, proof of payment by Recipient, and other required supporting documentation for reimbursement up to match amount. For in-house expenses, Recipient shall provide copies of all receipts for materials and a system report showing documentation of staff time or other proof of staff time expenses for the Project. The final invoice shall be submitted with the final project report. If the total actual cost of this project is less than originally estimated, the District's cost -share amount shall be reduced accordingly. Recipient may invoice more frequently submitting all required documentation and include general status information. Recipient may invoice the District for Project construction work beginning October 1, 2018. Recipient shall submit quarterly progress reports to the District's Project Manager and the District's Budget Specialist within 15 days of the end of quarter for work accomplished during each quarter. The email address for the District's Budget Specialist is hnbarbep@sirwmd.com. sirwmd.com. The Recipient shall submit a final project report within 15 days of Final Completion and acceptance by Indian River County detailing the Project's accomplishments and any issues resolved during the course of the work. Estimated Cost Schedule for Reimbursement FY 18-19 (10/1/2018 — 9/30/2019) _ Description Estimated Task Amount Estimated Reimbursement Amount Construction of Project $2,500,000 $825,000 -10- 31 ATTACHMENT B PROJECT PROGRESS REPORT St. Johns River Water Management District Project Progress Report Contract/ProjectIdenttfication Project Name: JWest Wabasso Phase 2 Septic to Sewer Project Contract Number: Construction Schedule Construction Start Date: Construction Completion Date: Contract Expiration Date: Cost -Share Budget Total Cost -Share Budget: Cost -Share Amount Expended To -date: Spend -Down Plan 33228 Date: Report Number: Diolosa (Recipient's Project Manager: JArjuna Weragoda, P.E. Reporting Period Beginning Date: Ending Date: Ire Amount Expended This Period: Cost -Share Budget Expended: Contract #33228 Fiscal Year 1 Fiscal Year 2 Reimbursement # Anticipated Amount Anticipated Date Reimbursement # Anticipated Amount Anticipated Date 1 1 2 2 3 3 4 4 Project Readiness and Schedule Trackine %Complete Stan Date - Completion Current Shown In %Complete Shown in Date Shown in Current Start Completion Project Phase Application Currently Application Application Date Date Notes: Explain anticipated deviations from schedule Planning Design Permitting Bidding & Award SOW Construction Tasks/Milestones/Deliverables Task Number - Tasks/Milestones/Deliverables Total Construction % Corn plete StartDate Shown in SOW Completion Date Shown in SOW Current Start Date Current Completion Date 1 Project update including problems, issues and solutions. Explain in detail. Include digital photographs of work accomplished during reporting peroid. Attach an additional page of notes if necessary to explain reasons for lateness or unusual events or circumstances. -11- 32 Contract #33228 ATTACHMENT C — DISTRICT'S SUPPLEMENTAL INSTRUCTIONS (sample) DISTRICT SUPPLEMENTAL INSTRUCTIONS # 07:r1c; TO: Arjuna Weragoda, P.E. Indian River County 1801 27th Street, Building A Vero Beach, FL 32960 FROM: Melisa Diolosa, Project Manager CONTRACT NUMBER: 33228 CONTRACT TITLE: West Wabasso Phase 2 Septic to Sewe ro. The Work shall be carried out in accordance with the following supple e the Contract Documents without change in the Contract Sum or Contrac T with these instructions, indicate your acceptance of these instructions for consistent with the Contract Documents and return to the District's Project 1. RECIPIENT'S SUPPLEMENTAL INSTRUCTIONS: A 1 � \ 2. DESCRIPTION OF WORK TO BE CH:LON N 3. DESCRIPTION OF SUPPLEMENTAL UI Recipient's ap hoose on t e ite el w� J Approved: ate: (It is agreed that th ins tions s 1 not �Itn c ang n the Total C Approved: Date: lin accordance with ding in accordance the work as or the Completion Date.) ( agrees to implement t Supple at uctions as requested, but reserves the right to seek a Change Order in accordance with the re 'rement f the Agreement.) Approved: Melisa Diolosa, District Project Manager Acknowledged: Carol Miller, District Senior Procurement Specialist c: Contract file Financial Services Date: Date: -12- 33 g Ir - Office Of Consent Agenda 07/10/18 INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners w,_, FROM: William K. DeBraal, Deputy County Attorneio THROUGH: Richard. B. Szpyrka, P.E., Public Works Directo DATE: July 3, 2018 ATTORNEY SUBJECT: Request from Costello Brothers Marine Construction for payments to be sent to Great Horn Financial for Main Relief Canal Conveyor System Replacement On June 5, 2018, the Board of County Commissioners approved awarding a contract to Costello Brothers Marine Construction, Inc. (Costello) for replacement of the conveyor system of the PC Main Screening System at the Main Relief Canal. The amount of the contract is $586,236.60. Staff has been working with Costello to get the necessary insurance and bonding documents reviewed, approved and recorded so a Notice to Proceed may be issued. During this process, staff was contacted by Great Horn Financial Services, LLC (Great Horn) concerning the contract with Costello. Great Horn, at the request of Costello, has asked the County to honor the attached "Irrevocable Directive of Draw Proceeds" (Directive) entered into by Costello and Great Horn. The County is being asked to issue. payments on the contract in Costello's name but endorsed with the following: "Deposit Only to Disbursement Control Account # , Sun Trust Bank, Maryland". The check or wire transfer will be sent to Great Horn at their office in Maryland. Upon receipt of the check or wire transfer and approved pay applications, Great Horn would then disburse payment to the subcontractors and materialmen as specified in the pay application. So long as the pay application is approved by Costello and the County, Great Horn must cut checks for the full amount specified on the pay application. Great Horn is basically acting as an escrow agent to the subcontractors and a funds manager to Costello. Firms such as Great Horn are frequently used in three situations: • at the request of a bonding company to reduce the amount of collateral that must be posted by a contractor to the bonding company; or • used to give the contractor a better rate on the bond; or • if a contractor is nearing its bonding capacity Although the County is not a party to the Disbursement Control Agreement between Costello and Great Horn, the County is named as an additional insured by Great Horn (Certificate of Insurance is attached).and the County retains its full rights under the bond posted by Costello. After speaking with representatives from Great Horn, Costello and the County Finance Office, staff is agreeable to issuing payments as described in the Directive. 34 Costello/Great Horn PC Main Directive July 3, 2018 Page 2 Funding. Aside from the payments made on the contract, there will be no additional expenditure of County funds for this matter. Recommendation. Staff recommends that the Board approve the Irrevocable Directive of Draw Proceeds between. Costello, Great Horn and the County and authorize the. Chairman to execute the Directive on.behalf of the Board. Staff further recommends that the Board direct the Finance Office to make payments via wire or ACH on the contract between the County and Costello for replacement of the PC Main Screening System to Great Horn Financial Services, LLC with the endorsement on the payment as indicated in the Irrevocable Directive of Draw Proceeds. Copies to: Elissa Nagy, Finance Director Keith McCully, Stormwater Engineer Richard B. Szpyrka, P. E., Public Works Director Costello Brothers Marine Construction, Inc. Attachments: Irrevocable Directive of Draw Proceeds (Exhibit "A") Certificate of Insurance (Exhibit "B") 35 COS N ULO BROTHERS lAtOUNE CONSTRUCTION,1NC 2000 Production Drive Sebring, FL .33870 ebmcinc@cbmcinc.net (863) 382-2352 office (863) 382-8693 - fax EXHIBIT A IRREVOCABLE DIRECTIVE OF DRAW PROCEEDS TO: Indian River County, Florida ("Obligee") Attn: Keith McCully Costello Brothers Marine Construction, Inc. ("Contractor') and Great Horn Financial Services, LLC ("Agent") have entered into a Disbursement Control Agreement relative to the construction of a project known as: Main Screening System Conveyor Replacement (Estimated. Contract Price = $586,237.00). Great Horn Financial Services, LLC is to be employed directly by the Contractor and is in no way a party to the agreement between the Obligee and Contractor. The Disbursement Control Agreement between the Contractor and Great Horn Financial Services, LLC requires that the Obligee direct all contract funds to be deposited into a Joint Disbursement Account that has been set up by the Contractor. The Obligee signing herein below irrevocably certifies that all payments made to the Contractor for the construction described above will be endorsed eters-he the Of to include the words: "Deposit Only To Disbursement Control p� Account # (to be provided), SunTrust Bank, Maryland". All payments. are to beailEd_to teContractor in care of Great Horn Financial Services, LLC at the f 11emci^^ directly to the above-described account (additional banking information below): III If by wire or ACH. please route via: SunTrust Bank FBO: Costello Brothers Marine Construction, Inc. ABA: Routing No. 061000104 (wire transfers) Account No. TBD By signing this Agreement, Obligee further agrees to immediately notify Great .Horn Financial Services, LLC of any mechanic's liens, stop notices or claims to the contract funds relative to perfonnance by Contractor_ This certification is irrevocable by the Obligee and can only be changed by written directive of the Contractor with written consent of Gray Surety and written consent of Great Horn Financial, LLC. A 36 1000 Production Drive Sebring, FL 33870 cbmcinc@cb-.ncinc.net (863) 382-1352 - office (863) 382-8693 - fax Costello Brothers Marine C nstruction, .Inc. %'F By. 6? ��— ndrew E. Costello, President Dat -19.2018 Indian River County, Florida By: Peter D. O'Bryan, Chairman Board of County Commissioners Date: SCC app xoye-d: The parties to this AGREEMENT have executed it on the day first written above. Great Morn )Financial Services LLC APPROVED AS TO FORM AND is G S r -F8 E (Signature) BY 4 ILUA.M i . DEBRAA! rjePUTY COUNTY A"TORNF-Y Matthew N. Hodson, President ATTEST.: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk 37 EXHIBIT "B" ACOR 1 0 CCO CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 07/02/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT - NAME: Klein Agency, LLC. PNGNE (410) 832-7600 F 410 832-1849 AfC No Ext): (AIC No): ( ) P.O. Box 219 L ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC rl Timonium MD 21094 INSURER A: National Surety Corp. INSURED INSURER B.- American Automobile Ins. Co. Great Horn Financial Services, LLC INSURER C : Sentinel Insurance Company P.O. Box 4306 INSURER D: Maxum Indemnity Company INSURER E: Travelers Casualty and Surety Company of America Timonium MD 21094-4306 INSURER F: COVERAGES CERTIFICATE NUMBER: 18-19 Updated PL REVISION NUMRER7 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCEINSD WVD POLICY NUMBER (MM)DDY EFF (MMID� P LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 2,000,000 �/ CLAIMS-MADEE /� OCCUR ° PREMISES Ea occurrence) S 1,000,000 MED EXP (Any one person) S 10,000 A ABC80918305 08/01/2017 08/01/2018 PERSONAL SADVINJURY S 2,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: POLICY JET [7 LOC GENERAL AGGREGATE S 4,000,000 PRODUCTS-COMP/OPAGG S 4,000,000 S OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT s 2,000,000 Ea accident X ANYAUTO BODILY INJURY (Per person) S B OWNED SCHEDULED AUTOS ONLY AUTOS MXA80326938 08/01/2017 08/01/2018 BODILY INJURY (Per accident) S HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE S Per accident S X.UMBRELLALIAB X OCCUR EACH OCCURRENCE S 3,000,000 A EXCESS LIAB CLAIMS -MADE ABC80918305 08/01/2017 08/01/2018 AGGREGATE S 3,000,000 DED I I RETENTION S S C WORKERS COMPENSATION AND AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBEREXCLUDED? ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA 30WECCR1457 08/01/2017 08/01/2018 OTH- STATUTE ER E.L. EACH ACCIDENT S 100,000 E.L. DISEASE- EA EMPLOYEE S 100,000 E.L. DISEASE - POLICY LIMIT S 500,000 D/E Professional Liability/ Fidelity Coverage PFP6022392-05/105634977 06/14/2018 06114/2019 Per Claim/Aggregate $3M/$3M Single Loss Limit $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached H more space is required) Policy # 105634977 includes Forgery and or Alteration/Computer Fraud/Funds Transer Fraud - $2,000,000 Single loss limit. Indian River County A Political Subdivision of the State of Florida 1800 27th Street Vero Beach FL 32960 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 38 COMMENTS/REMARKS If required under an insured written contract, executed prior to any loss, Indian River County A Political Subdivision of the. State of Florida is listed as Additional Insured under the General Liability Policy, but only with respects to liability arising from work performed by or on behalf of Great Horn Financial Services, LLC. If required under an insured written contract, executed prior to any loss, waiver of Subrogation is provided for Indian River County A Political Subdivision of the -State of Florida under the General Liability policies. It is further understood that coverage provided the Additional Insured under the General Liability coverage shall be primary and non-contributory to any other coverage available to the Additional Insured. I OFREMARK COPYRIGHT 2000, AMS SERVICES INC. INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Stan Boling, AICP Community Development Director THROUGH: Sasan Rohani, AICP Chief, Long -Range Planning FROM: Bill Schutt, AICP Senior Economic Development Planner, Long Range Planning DATE: July 2, 2018 RE: Request for Authorization for the Community Development Director to Make Application for a Community Development Block Grant in the Housing Rehabilitation Category and Request to Approve the Indian River County Community Development Block Grant (CDBG) Housing Assistance Plan (HAP) for Housing Rehabilitation (Legislative) It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of July 10, 2018. BACKGROUND The Federal Fiscal Year (FFY) 2017 Community Development Block Grant (CDBG) application cycle for the Florida Small Cities CDBG program closes on August 13, 2018. To submit a competitive grant application, the County must undertake several activities, including holding a Citizens Advisory Task Force (CATF) meeting, conducting a Fair Housing Workshop/Training, holding two public hearings, and choosing a CDBG application category. Several of these activities have been completed. On June 8, 2018, at a publicly advertised meeting, the County's CATF held a Fair Housing Training/Workshop, discussed applying for a CDBG during the FFY 2017 application cycle, took public comment, considered all potential CDBG categories, discussed potential projects/community needs, and recommended that the County apply for a CDBG in the Housing Rehabilitation Category (Attachment #1). On June 19, 2018, the Board of County Commissioners (BCC) held the first of two required public 40 hearings for a CDBG application. At that time, the BCC took public comment and discussed potential projects that the County could apply for based on suggestions from the public and the CATF. Projects suggested by the public included: ■ Housing Rehabilitation ■ Septic to Sewer Projects After discussion, the BCC directed staff to initiate the preparation of a Housing Rehabilitation Community Development Block Grant (CDBG) application. The BCC also directed staff to issue a Request For Proposals (RFP) to hire a consultant to administer the CDBG if the grant is awarded. DESCRIPTION AND CONDITIONS CDBG Application As indicated, the Board of County Commissioners chose to apply for a Housing Rehabilitation Community Development Block Grant. This type of grant provides funds to bring substandard housing up to code for very low and low-income residents. Water or sewer hookups may be performed as a complimentary activity in conjunction with rehabilitation of a home. Housing Rehabilitation CDBG grants are awarded to communities on a competitive basis. All grant applications must be received by the Department of Economic Opportunity (DEO) no later than August 13, 2018. The following table gives a breakdown of the scoring system used by DEO to rank Housing Rehabilitation grant applications: Scoring Breakdown for Housing Rehabilitation Category Community -wide needs 250 points Outstanding Performance in Equal Employment Opportunity and Fair Housing 90 points Special Designation 20 points Grant History 100 points CATF Score 10 points Sources and uses of Non-CDBG SHIP Funds (Leverage) 25 points Housing Rehabilitation Category Summary Score 505 points Total points 1,000 points CDBG Housing Assistance Plan 2 41 The Housing CDBG application requires the County to adopt a CDBG Housing Assistance Plan (HAP) that outlines all applicable standards and guidelines that will apply to housing rehabilitation and replacement activities that may be funded with CDBG funds. The County HAP must be submitted to the state with the County's CDBG application. To meet this requirement, a proposed HAP was drafted and is included as Attachment #3 to this item. In addition to addressing the proposed use of regular CDBG Housing Rehabilitation funds that are part of the attached grant application, that HAP also addresses use of potential future funding through special allocations from the CDBG Disaster Recovery Initiative (DRI) program. This includes potential CDBG DR (Disaster Recovery) funding related to Hurricane Irma. At the July 10, 2018 second public hearing, the Board must obtain public input on the county's proposed Housing Rehabilitation CDBG application, and to move the application forward must approve the application and approve the HAP for submittal to DEO. ANALYSIS CDBG Application Recently, county staff and Guardian Community Resource Management, Inc., the county's prior CDBG grant administration consultant that has agreed to prepare the grant application at no cost to the County, prepared the proposed Housing Rehabilitation CDBG application (Attachment #2). As drafted, the CDBG application requests approval of a $750,000 grant for the rehabilitation of a minimum of eleven (11) owner -occupied housing units in unincorporated Indian River County for very low and low to moderate income households. The below table lists the proposed activities for which CDBG funds will be used. Proposed Activities Activity Budget (Approximately) Housing Rehabilitation $615,500 Temporary Relocation $22,000 Administration (Up to 15% of overall grant) $112,500 TOTAL CDBG BUDGET $750,000 Matching Funds By contributing a financial match to the project, the county has the opportunity to improve its application score. With the maximum match of $50,000, the county can gain 25 additional application points and, therefore, improve the project's chances of being funded in this fiscal year. In the proposed CDBG application, the county commits $50,000 in SHIP funds to the proposed 42 project. Those funds will be available to qualified households in the project area to be used to pay for housing rehabilitation, which is a normal SHIP function. CDBG Housing Assistance Plan The HAP establishes the following guidelines for both the regular CDBG Housing Rehabilitation Program Category and for special allocations that occasionally become available through the CDBG Disaster Recovery Initiative (DRI) Housing Rehabilitation and Assistance Category: ■ Sets the county's CDBG housing rehabilitation policies. ■ Identifies how owner occupied housing units will be chosen for rehabilitation. ■ Establishes eligibility criteria for the units and the owners. ■ Establishes guidelines for determining when a housing unit is not feasible for rehabilitation. ■ Provides for CDBG rehabilitation funds to be granted to housing unit owners as deferred payment loans that will be forgiven in ten (10) years. ■ Establishes procedures for reviewing applications, bidding work, contracting for rehabilitation activities, inspecting completed work, processing change orders, making payments, and undertaking other activities. ■ Provides information regarding conflict of interest, and ■ Sets a procedure for appeal of any decisions made through the CDBG rehabilitation process. If the county is successful in obtaining CDBG funds, then the HAP guidelines and standards will be utilized for all rehabilitation and replacement work done with the CDBG funds. ALTERNATIVES With respect to the proposed Housing Rehabilitation CDBG application and related Housing Assistance Plan, the Board of County Commissioners has three alternatives. These are: 1. To approve the application and plan as proposed; or 2. To approve the proposed application and plan with changes; or 3. To reject the proposed application and plan. Staff supports either alternatives 1 or -2. RECOMMENDATION Staff recommends that the Board of County Commissioners: 1. Open the public hearing and obtain public input on the application. 2. Approve the proposed application and attached resolution authorizing the Chairman, or the Community Development Director in the Chairman's absence, to execute all necessary certifications for the CDBG application. 0 43 3. Authorize the Community Development Director, or in his absence a designee of the Community Development Director, to make minor corrections to, execute, and submit the application to the Florida Department of Economic Opportunity for their consideration. 4. Authorize the Community Development Director, or in his absence a designee of the Community Development Director, to submit any additional information and sign subsequent forms as needed for the DEO, grant application, agreement, or related state or federal request. 5. Commit to spend, as local leverage for the CDBG, $50,000 in County SHIP funding on CDBG eligible activities identified in the CDBG application in the time period required by the CDBG program. 6. Approve the attached CDBG Housing Assistance Plan for Indian River County FFY 2018 — 2022, authorize the Community Development Director to make any needed minor modifications, and authorize the Chairman to sign the plan. ATTACHMENTS 1.) Unapproved June 8, 2018 CATF meeting minutes 2.) Proposed Housing Rehabilitation CDBG application. 3.) CDBG Housing Assistance Plan for Indian River County FFY 2018 — 2022 4.) CDBG application authorization resolution 5.) Indian River County Budget Office Grant Form FACommunity Development\CDBG\2017-18 CDBG\BCC Items\2nd Public Hearing\BCC agenda item -2nd CDBG public hearing IFFY 2017-18.docx UNAPPROVED - COMMUNITY DEVELOPMENT BLOCK GRANT CITIZEN ADVISORY TASK FORCE There was a meeting of the Indian River County (IRC) Community Development Block Grant (CDBG) Citizen Advisory Task Force (CATF) on Friday, June 8, 2018 at 2:00 p.m. in Conference Room Al -102, Building "A" of the County Administration Building, 1801 27th Street, Vero Beach, Florida. Present were members: Reverend William Mosley, Joe Wiggins, Deputy Teddy Floyd, Joe Idlette, Jr., Joseph E. Flescher, Non -Voting Commission Liaison and Chairman Leroy Smith. Also present were IRC Staff: Stan Boling, Community Development Director; Sasan Rohani, Long -Range Planning; Bill Schutt, Senior Planner; Misty L. Pursel, Commissioner Assistant and Recording Secretary; Corbett Alday, Vice President/COO, Guardian Community Resource Management, Inc.; Joe Idlette, III; Mary Wiggins; Julianne Price; Kimberly Stinson; Phylicia Wiggins; and Ardra Rigby, All Interested Parties. Call to Order Chairman Smith called the meeting to order at 1:55 p.m. and noted a quorum was present. All in attendance stood and recited the Pledge of Allegiance. Election of Officers — Action Required ON MOTION BY Deputy Floyd, SECONDED BY Mr. Idlette, Jr., the Committee voted unanimously (5-0) to re-elect Leroy Smith as Chairman of the Community Development Block Grant Citizen Advisory Task Force Committee for 2018. ON MOTION BY Deputy Floyd, SECONDED BY Mr. Idlette, Jr., the Committee voted unanimously (5-0) to elect Reverend William Mosley as Vice Chairman of the Community Development Block Grant Citizen Advisory Task Force Committee for 2018. Attachment 1 CMG/Unapproved June 8, 2018 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@4C2C41 CA\@BCL@4C2C41 CA.doc 45 Approval of Minutes of August 17, 2015 —Action Required ON MOTION BY Mr. Idlette, Jr., SECONDED by Mr. Floyd, the members voted unanimously (5-0) to approve the August 17, 2015 minutes as presented. Review and discussion of the FFY 2017 CDBG categories, eligible activities and the needs of low and moderate income citizens of Indian River County, and Recommendation to the Board of County Commissioners — Action Required Mr. Bill Schutt, Senior Planner, Community Development, reviewed and outlined his Memorandum dated May 29, 2018 regarding the Review of Community Development Block Grant Application Options, a copy is on file in the Commission Office. He introduced Mr. Corbett Alday, Vice President/COO, Guardian Community Resource Management, Inc., as the County's consultant for the application process. Mr. Alday presented PowerPoint Presentations entitled "Community Development Block Grant", a copy is on file in the Commission Office. He advised the committee the Block Grant required participation from the Citizen Advisory Task Force to consider new application proposals, and major or significant amendments. He report the Revitalization Project Grant was in the amount of $750,000 and was funded by the Florida Department of Economic Opportunity and the United States Department of Housing and Urban Development (HUD) He explained the four (4) grant funding categories included commercial revitalization, housing rehabilitation, neighborhood revitalization, and economic development and the process of submitting the grant application in August, 2018. Vice Chairman Reverend Mosley stated there was not any business expansion or new business opportunities in Gifford to provide eligibility for the Economic Development category. Chairman Smith asked if the income survey was necessary to the application for affordable housing; wherein there was an affirmative response. Chairman Smith asked to confirm ten (10) owner occupied units were required to maximize the score. Mr. Schutt referenced pages 3 and 4- of the PowerPoint Presentation entitled "Community Development Block Grant". Vice Chairman Reverend Mosley suggested upgrading waters lines for 85 points. 2 CMG/Unapproved June 8, 2018 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@4C2C41 CA\@BCL@4C2C41 CA.doc 46 A short discussion ensued regarding the consideration of safe sidewalks for children walking to and from school; specifically 11th Street, SW to Osceola Magnet Middle School. Deputy Floyd noted the lighting/millings/stop signs involved in the Oslo Road project was going before the BCC on June 19, 2018 and suggested the sidewalk issue would be reviewed after the completion of the Oslo Road project. ON MOTION BY Deputy Floyd, SECONDED BY Vice Chairman Reverend Mosley, the members voted unanimously (5-0) to recommend to the Board of County Commissioners the Housing Rehabilitation (rehabilitation/repair) category be pursued for CDBG CATF grant funding. Mr. Alday presented a PowerPoint Presentation entitled "Fair Housing Workshop", a copy is on file in the Commission Office. 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LL N •� N j..11� p O /C Y JO >` N C N c O C aJ �� U C„ tea) T41 C cU E/ r O U .0 O— O O El ! C O- E v =7 u u c L u O N O +' ao C// ; J� u 7 `�� L, O_L N O p O p O YO p C m Q) Y/ c0 C' c6 p % �, JL E `L c' >^ LL ai O d C p0! LU O p :� .Y O CO a Q ai u = �� U\ 'Zi c CO � ba a u \ E c O O L W L C Y C c \(D \>m > ,o' Y rc �o C 4° o C -a L C C > hp U n- Y O -Z aJ EyO d i C O o" O' O E E 6 a) a) c6 p U O O Y a) CA Q •( ,:N ate.. a, a) co /. > L " a� ai a � c v a c' c c > 'eL p U tD m Q E 2 E a S .` �E E 1U E 2 f E `E CL U E L j m ra \ U c 7 N U U/' V' N U a J (7 O O O _ _ Q �n O pt O p O /p i �O. O �+ U 7 X "a GJ Q m U p W Li 0 J � Z O d (7 � N fl. Q a MLL v O O M N U M n 0 July 10, 2018 Grant Attachment 3 74 I. INTRODUCTION 4 II II. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND DISASTER RECOVERY INITIATIVE (DRI) PROGRAMS OPERATIONAL POLICES AND PROCEDURES 5 A. Housing Program Objectives B. Key Terms S. Change Orders T. Payment U. Disputes and Contract Termination V. Project Closeout W. Program Compliance and Monitoring III. CDBG DRI CATEGORY HOUSING REHABILIATION PROGRAM RAMS - 30 50 75 APPE APPE A. B. C. D. E. F. G. H. I. J. Housing Rehab or Demo/Replace Activity- Objective Housing Rehab or Demo/Replacement - Financing Housing Rehab or Demo/Replacement - Eligibility For conventionally ("site") built structures and modular homes For mobile homes built after 1996 Temporary Relocation Applicant Requirements Program Benefits Eligible Properties CDBG, DRI rehab and demo/replacement activity - financing 58 61 76 I. INTRODUCTION This manual is a guide for implementing the housing strategies and related aspects of Indian River County's (henceforth "County") Community Development Block Grant (CDBG) Housing Programs, including the Regular CDBG categories (henceforth "CDBG"), and the Community Development Block Grant Disaster Recovery Initiative (henceforth "DRI"). The responsibilities of the County, the Applicant homeowner, construction contractor, the Program Administrator (PA) and the Housing Rehabilitation Specialists (HRS) are specifically addressed in this manual. The Program Administrator (PA) shall be the,County Designee for oversight of this Housing Assistance Plan (HAP) and Procedures, and his/her duties are addressed herein. The PA shall approve.all_HRS work, including any Consultant or contract work, such as grants administration or project delivery services. The PA makes all final recommendations and decisions as to.awards, monitoring reports, policies or other work generated by contractors or consultants. The major focus of this manual is on housing'finance.; Florida Administrative Rules, statutes, or HUD regulations the more stringent may be applied by County staff or designee. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND DRI PROGRAMS OPERATIONAL POLICES AND PROCEDURES All procedures outlined in this section are applicable to all CDBG categories including Regular Category Housing Rehabilitation, and the Disaster Recovery Initiative Housing Rehabilitation and Assistance Category. The operational procedures in this section govern all categories, unless otherwise specified, and may be amended or expanded by any requirements set forth in the individual strategies and the different programs and categories may require. A. Housing Program Objectives Maximizing community improvemen housing program on its way to meet The objectives of the County's Hou,< not limited to: For all CDBG Programis, low, low to moderate inc Rehabilitation and Defer ind enefit should be the goal of any ].national and/or State funding objectives. g Rehabilitation Programs include but are and encourage the revitalization of very iborhoods through a Housing _ `ent Loan ({DPL) Program. a. AMI means -Area Median Income ` N. b. VLI shallmean ery low income o below-th rty-percent (30%) of AMI c. LI shall mean low income or between thirty percent (30%) and fifty percent (50%),Of`AMI 1 �� d. LMI shall. mean low -to-mod erate\income or not to exceed eighty percent /`(80%.) AMl\ '\/ _ T income forthe,particular income for which an Applicant refit under the list above. OI households cannot benefit assistance (in this case housing). ourage-the revitalization of very low, low to moderate Js affected by declared natural disasters through a DRI in and Deferred Payment Loan (DPL) Programa . e is applying,-f\r ber from CDBG direct 2. For DRI Only, to incom\neighbor Hous na Rehabil 3. For CDBG an`d DRI programs, to remove unhealthy or hazardous conditions 11 (slum and blight) in VLI and LMI households. 4. To use Community Development Block Grant rehabilitation grant funds as a catalyst to encourage residents of VLI and LMI neighborhoods to improve their community. 5. For CDBG and DRI programs, to address urgent community needs. W] 6. For all CDBG programs, to preserve existing.housing stock, or replacement of substandard housing. 7. For all CDBG programs, to enable VLI and LMI families to rehabilitate their homes by providing financial and technical assistance to those unable to obtain private financing. 8. For all CDBG programs, to reduce utility costs and to improve the comfort of VLI and LMI families through green construction standards and weatherization activities related to rehabilitation 9. For all CDBG programs, to improve the property tax base in VLI and LMI neighborhoods. 10. For all CDBG programs, to increase employmentand training opportunities for local residents and minontypersons through the"hiring of individuals and small businesses owned and operated by Section 3 persons and businesses or persons residing in the vicinity of local projects. 11. For all CDBG programs, make homes accessible to elderly/handicapped occupants as may be required -by code, accessibility requirements or as determined at the County's\discr`ion. 12. For all CDBG programs, tomihimize-,impact-of program participation on Applicants and toImit direct costs/encouritered-because of program participation., i, 1 13For-all CDBG-p`rogr`ams, `&,adopt modern, green building and energy-efficient 7improvements for building reabili�ion and construction. 14<For CDBG and DRl programs, treat all participating Applicant homeowners, oesidents, and contractors fairly, with sensitivity and respect for their needs, and&in\accordanc�'With program rules. 15. For CDBG and DRI programs, to provide all program Applicants any reasonable, assistance necessary to carry out the objectives of the program, ", bearing in mind; t a. that Applicant homeowners hold the primary responsibility for maintaining their property and personal finances, b. that contractors are primarily responsible for the quality of their work and their obligations to suppliers, creditors, subcontractors and employees; and c. that any assistance provided must be authorized at the proper level. 79 16. For CDBG and DRI programs, to prepare and harden homes against high velocity winds and wind borne debris in the event of hurricanes and other such natural disasters. 17. For all CDBG programs, to allow some flexibility in administering the CDBG programs in order to meet the overall CDBG goals and objectives of rehabilitating each addressed dwelling, and to comply with HUD Section 8 HQS, the current Florida Residential Building Code and any local codes that may apply. The County Commission may waive program rules to achieve CDBG objectives and benefits only when the result will be consistent with established goals and objectives, and applicable,federal, state or local regulations and requirements. 18. For all CDBG programs, to adopt Complemenractivities which are eli ible Y activities, as provided in Section 290.042, F.S., wghiich�are necessitated by the primary activity or project scored'in the CDBG Application for which grant funds are requested. \ 19. For all CDBG programs, to allow Complementary activities in the Housing category, which include water and sewer hookups to provide service to units being rehabilitated or providing-r..ehabilitation\to the kitchen and/or bathroom plumbing of houses so that,they,can access water and/or sewer hookups. Water and sewer hookups are not'complementary,if they are the primary activity because the home isnot being rehabilitated except as needed to allow the hookup -, a. For the purpose of this HAPtthe aper -housing unit cost of providing service shall not,exceed $5,000. The use. of CDBG funds for complementary activities may not exceed,thirty`five,,percent (35%) of the total CDBG funds /-requ sted for thtprimary `tivity\ B. Key, Terms \ N Program Implementation:` HAP�Hdusing Assistance Plan - PA: Program Administrator HRS: Housing\Rehabitlitation Specialist DPL: Deferred, Payment'Loan SOW: Scope of,,Work/' Governing bodies: CATF: Citizens Advisory Task Force AHAC: Affordable Housing Advisory Committee HRS: Housing Rehabilitation Specialist FDEO: Florida Department of Economic Opportunity SHIP: State Housing Initiatives Partnership SHPO: State Historic Preservation Office THPO: Tribal Historic Preservation Office EPA: Environmental Protection Agency Local Government: Local elected body Recipient: Local governing body Income Status: AMI- Area median Income VLI: Very Low Income: Below 30% of AMI LI: Low Income: Between 30% and 50% of AN LMI: Low -to -Moderate Income: Below 80% of AMI Other terms: Section 3: a person or business that meets the Federal Section 3 definition LBP: Lead Based Paint ACM: Asbestos Containing Material DRI: Disaster Recovery Initiative C. Common Housing Program Typese /� e Common Housing Program.Types: Communty(De elopment Block Grants: The Community Development Block -Grant (CDBG) program is a flexible program that provides communities with resources t`addressaide range of unique community development needs\CDBG Grants consist of the following Categories: 1. Entitlement Communities: The CDBG,entitlement program °allocates annual grants to larger cities and urbacounties (200,000-or_g`ate.;\population) to develop viable communities Wprov ing-decent`using, a suitable living environment, and opportunities'to expand economic opportunities, primarily for low- and moderate -income persons. 2. State Administer-ed,CDBG:\ Also known as the,S`mall Cities CDBG program, the State award grants to smaller units of general local government (less than 200,000 population) that carry out,commun'ity development activities. Annually, each State develops funding priorities and criteria for selecting projects. 3. Disaster Recovery Assistance: HUD provides flexible grants to help cities, counties, and States recover from federally declared disasters, especially in low-income areas, subject to availability of supplemental appropriations. D. Purpose of Policies and Procedures It is the policy of the County's Housing Rehabilitation Programs to document program policy guidelines and procedures to be used by County staff in the 81 everyday operations and practices utilized in reaching the goals of the Housing Assistance Programs. Further it is the County's policy to: 1. Assure that all programs are administered in strictconformance with the community development and rehabilitation rules and all applicable local, state and federal requirements (including equal opportunity, conflict of interest, etc.). 2. Assure that no member of the Congress of the United States, the Citizen's Advisory Task Force (CATF), County Commission, or any other elected official shall serve on the CATF or share in�proeeeds or benefits of CDBG funded rehabilitation work. This monetaryybenefit would constitute a conflict of interest. . 3. With regard to regular category CDBG and DRI categories, housing rehabilitation will be the first priority,;/with housing repla' ement units being addressed when program funds,are available. 11 E. Administrative Program 1. Housing Assistance PI As required by Federal and State.ru`les and jrequ rements, this Housing Assistance Plan was draftedjor-approval by the County Commission to be used as a written -guide for implementi g-CDBG,and�DRI program specific housing strategies. Including but not,limited to,Applicant intake procedures, maximum funding amounts, andsp cific program inclusions and exclusions. 2. Citizen Participation,(See-the Countv\s Citizens Particination Plan �`As required by specificprog am rules and requirements, public hearings will ! b -held -to provide information and'discuss proposed activities to be \undertaken; as well as address questions or concerns from the public. All public hearings,and workshops shall be advertised in accordance with the appropriate funding�agency`(HUD, FDEO) requirements. 3. The adherence to'the rules and regulations in regard to Conflict of Interest is mandatory.'All Applicants that may have a business or familial relationship with a member -of the County Commission, CATF, HRS, PA, or participating construction contractors must fully disclose this relationship on the Application and defiantly before a construction contract is executed. In addition, all Applicant names must be disclosed at the regular meeting of the Board of County Commission and the CATF as the application process proceeds and these names must be included in the minutes of both the County Commission and the CATF meetings. County Commission and CATF members must disclose any relationship with an Applicant and must abstain from any vote related to that Applicant. Any cases of conflict of interests must be made known at a meeting of the County Commission. Before an Applicant with a RIF potential or real conflict as described in 24 C.F.R.570.489 (h)(2), is given final approval for participation the County must notify FDEO in writing. Prior to the expenditure of housing grant funds, the County must receive written notification of FDEO's approval of the waiver of conflict of interest, in accordance with C.F.R. Section 570.489 (h)(4). If this process is not followed the County and/or the Applicant may be liable for returning the funds expended to the program. County employees that submit an application for rehabilitation assistance and who are involved in the decision making process,related to the CDBG program or are involved in the financial approvals�of this program must identify their conflict of interest at the time,of application. The Federal requirements are found,in`2_4-CFR,85�36 (b) (3) and 24 CFR 570.489(h). The State of Florida requirements areo nd in Chapter 112.311 — 112.3143 of the Florida Statutes�A Conflict of Interest is\defined as a relationship or circumstances whereby a person or organization exercises functions or responsibilities for fund ed\activities-,through which they, their relatives, or know associates obtainor appear to obtain a financial benefit. Two types of conflicts a're`noted�,,those being beneficiary and procurement. 1. A beneficiary conflict of\inte esfi�ld involve any direct benefit, such as housing rehab utility hook-up or facade renovation. The conflict would occur when benefits are awarded to/anyone with a role in the CDBG and or DRLprogram approval process, to include'but not limited to, a member of a CATF,`PA, County officials and Commission members. There are however exceptionsto this rule which are explained in 24 CFR 570.611 f,/--,.'--(d).To request a waiver; the Applicant through the HRS and PA must be submitted in writing\to the County for approval, who must then submit the \\request to.FDEO for final approval. Any costs incurred prior to FDEO approval are,unallowable.. There are no retroactive waivers. 2.,,,.kprocurement conflict of.interest exists if there appears to be a relationship between a funded activity and County officers, their employees or agents, any member of their immediate family or any organization that.employs or is about to employ, any of the afore- mentioned_ individuals. This conflict covers all aspects of the procurement, from solicitation, to award, to administration to include the writing of the Applicant Selection Criteria and in the Priority of Assistance, evaluating proposals and negotiating terms. The affected person must not participate in the procurement process in any manner; the level of conflict is irrelevant. Any conflict or appearance of a conflict requires non - participation. A procurement conflict cannot be waived. 4. Fair Housing (See the County's Fair Housing Policy) The County and all its Contractors, Consultants and vendors receiving CDBG and/or DRI grant funds shall comply with Title VIII of the Civil Rights Act of 1968, Restoration Act of 1987, Sec. 800 [42 U.S.C. 3601 note] (Fair Housing Act), as amended, 24 CFR Part 92.252, Fair Housing Rents, Title VI of the Civil Rights Act of 1964, Housing for Older Persons Act of 1995 (HOPA), Fair Housing Amendment Act of 1988, Age Discrimination Act of 1975, HCD Act of 1987, as amended, Section 109 of Title 1 of the Housing and Community Development Act of 1974 (570.487 and 570.495(b), Section 504 of the Rehabilitation Act of 1973, Americans with Disabilities Act of 1990 (ADA), Executive Order 11063, Executive Order 11259. Indian River County also will comply with 42 U.S.C. § 3604(f) (3), to ensure that the design and construction of covered multifamily dwellings include features of accessible design for disabled persons. f It is important to ensure that the housing program does not discriminate against any class of potential Applicants.,,All persons must be treated equally and not discriminated against on the basis of race\color, religion, sex, national origin, familial status, and disability, when serving housing needs. The Fair Housing Act is the term c�monlyused to de�he provisions of Title VIII of the Civil Rights Act of 1968, asfamended in 1988: The Act states that it is unlawful to discr urinate on the is, of race, color, religion, sex, national origin, familial 'status and disability.\ln addition to what is covered under the Federal act, Florida law also prohibits',discrimination on the basis of material status._ This language sh luo d,be includ4d�i allrprogram,information announcements and advertisements relating to the housing program. It is important for housing administrators to be familiar with Fair Housing Laws, as well as the more -subtle form�s,of discrimination, C y' Where possible, application materials and handouts for Applicant meetings \ should be in"Spa ish; and/or a multi-lingual representative of the organization -receiving applications is -present to assist Spanish speaking Applicants. It is the policy of the County to ensure that all state and federally funded projects`and activities' prohibit discrimination in the sale, rental, and financing of dwellings, and/in other housing -related transactions, on the basis of race, color, religion., sex,/national origin, familial status, and disability (including children under`the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18). 5. Eaual Opportunity Emplovment: (See the Countv's EEO Policv) It is the policy of the County to use state and federal grant funded programs to provide services to very low, low to moderate income Applicants. At no time will employment opportunities provided through the expenditure of state or federal funds or otherwise be denied on the basis of race, color, religion, sex, national origin, familial status, and disability. Notice of the policy will be placed in plain sight on the job location for the benefit of interested parties 84 7. 91 and all Contractors, Consultants, vendors will be notified. All Equal Employment Opportunity Posters will be displayed as required by state and federal guidelines. Equal Employment Opportunity protects all employees and the potential employment of all Applicants of the County and any Contractors, Consultants, and vendors receiving grant funds. These requirements apply at all times for the County or Contractors receiving state or federal grant funds. The County and/or Contractors, Consultants;l`andr'vendors receiving grant funds shall comply with the Housing and Urban/Development Act of 1968 (12 U.S.C. 1701 u) (as amended), Section 3,Statute"X12 U.S.C. 1701u, Section 3 Regulation -24 CFR Part 135, 24 CFR185.36(B)(8). It is the policy of the County to usF a its best efforts to`afford Section 3 residents and Section 3 business concerns the maximum practicable opportunity to participate in the performance�of,all grant funded contracts. The County may rely on written representations`by businesses and residents regarding their status \ Section 3 in lieu` f an independent in estigation. Every effort shall be made to nb`Section 3- residents and businesses residing or maintaining offices in the -.local area through public notices, as part of complying with Section 3. Documentation -off such_,efforts is required. W/MBE Emblovment�0'poortunities:,(See the Countv's W/MBE Polic The County,anid/or Contractors, Consultants, and vendors shall comply with: Public -Law 95507; The_Small Busme'ss Act, and Executive Order 11625 of f 1971--1t_is the policy of the Countyuse its best efforts to afford small businesses, minority business enterprises, and women's business enterprises \the maximumip'rracticabl\opportunity to participate in the performance of all avant funded contracts.\. General:, This activity ink-; /replacement of an eligible owner -occupied unit. The County Commission or its PA will decide with the HRS on a case-by-case basis whether to utilize a slab "site built" replacement unit, a prefabricated unit, or a modular home. Decision items will include budget, zoning, replacement requirements, cost estimates, and a number of other items that may vary on a case-by-case basis. Once the decision is made, the HRS prepares bid specifications based on Applicant homeowner input from review of available plans from the Contractor. Bidding contracting and inspections then proceed as in the rehabilitation process. For all CDBG categories, permanent relocation (due to flood plain, non- conforming lot, hazards, etc.) and/or demolition-relocation are synonymous terms used in the rehabilitation program when a home is unsound and not suitable for rehabilitation based on the structural integrity criteria. The units must be redeveloped (replaced) on site or elsewhere due to problems with the site. Homeowner eligibility requirements are the same as for rehabilitation. Further policies are included in the local Anti-displacement and Relocation Policy. In this HAP, demolition-relocation shall refer to replacement housing to build a new unit in place of one that must be demolished for reasons outlined in this HAP and-as recommended by the HRS. The Housing Program will comply with�the Uniform Relocation Act (URA) and Real Property Acquisition Policies Act�gf-1970.NExcept as provided for herein under a Federally Declared Disaster (and then only by\Commission Waiver and FDEO approval), the County will not engage in any project under this HAP that displaces any legal, URA\-covered occupants`When provided for in the program budget, for homeowner occupied housing assistance, temporary relocation services can-be made available,to�qualified persons who need to relocate while rehabilitation work is completed. The maximum assistance amount and documentatiowrequired to show proof of use of funds shall be determined by the County,,Anti Displacement-an\d Relocation Policy that covers those-situations in great detail., Applicant homeowners previously approved'fo`proposed housing assistance may voluntarily withdraw their application for-assistance, which must be confirmedtiin�writingAlf the PA determines the Applicant to be ineligible for assistance, the\H�RS)shall recommend, and the County will send written notification to the Applicant stating that,the application has been rejected and the reason for the.rejection.'- 9. ,\Property Acguisition: `(�e the County's URA Policy) In t e event the h using pr gram needs or seeks to acquire property to address a specifici,community need, some fundamentally required steps will need to occur in order to ensure compliance and the success. Each purchase, or acquisition, may vary case by case. However, in,general�terms, the following should take place: 1. Confirm source of funds and authority to acquire, 2. Identify the property/site and determine its suitability, 3. Perform legal description/boundary survey/preliminary title search (services procured as necessary), 4. Send notice of intent to acquire to Owner, 5. Solicit appraisal services and retain Appraiser, 6. Where recommended by the HRS or program required, solicit review appraisal services and retain review appraiser, 1 86 7. Receive appraisal review (when required), then solicit and retain Title Company (ies) (title insurance amount and necessity determined in advance), 8. Send offer to purchase and notice of just compensation to Owner of no less than the appraised fair market value, 9. Obtain Homeowner(s) acceptance of offer in writing 10. Finalize contract for purchase with Owner after County legal reviews and approves, 11. Company calculates settlement costs and closing date is set, 12. Closing conducted with funds changing hands and, 13. Records of proceedings retained. l 10. Voluntary Acquisition: The County may purchase property/with CDBG/DRI'funds for use on eligible activities. While property acquisition must follow the procedures outlined in the Uniform Relocation and Real property Acquisition`Act\residential property to be used for relocation purposes shall be purchased only\on a voluntary basis. The County shall determine the land purchases in the StateSut needed or required for CDBG/D County shall-156—followed. Ther budget, and indicate that the'pu any CDBG/DRI funds shall be n program and shall be,, used only No displacement c ny aof the. County <not receive any,re must voluntarily p; A voluntary acquit who has submitter responselt' Commissi`c practicable tenants,(d DBG Hou cat on ass features`needed and the funds available for recipient agreement(s). When property is RlIactivities, solicitation procedures of the equest will -state thespecifications and rchase is'volustary. All property acquired by ieet all the requirements of the Florida CDBG 'for'eligible CDBG/DRI activities. 'ther`gal occupants) will occur as a result of �g pr_og'rams. For lease property, owners do :ante. Owner -occupants under rehabilitation ition occurs when real property is acquired from an owner a proposal to the County for purchase of their property in is invitation or solicitation of offers. The County nmitted to this mode of acquisition to the maximum Voluntary acquisition shall be permitted only if the property being acquired is not site-specific and at least two (2) properties in the community meet the criteria established by the County for usage, location and/or interest to be acquired. The County Commission, prior to publication of a public notice or attendance of any local government representative at a property auction, must approve all voluntary acquisitions in principle. 87 A public notice must be published inviting offers from property owners. This notice must: 1. Accurately describe the type, size and approximate location of the property it wishes to acquire; 2. Describe the purpose of the purchase; 3. Specify all terms and conditions of sale, including maximum price; 4. Indicate whether or not an owner -occupant must waive relocation benefits as a condition of sale; 5. Announce a time and place for offers to be accepted; and 6. Announce that local powers of condemnation shall not be invoked to acquire any property offered for which-a'mutually agreed to sale price cannot be reached. ,� �,\ \ Property may also be acquired at,auction. The Unif m Relocation Act will be followed, but all acquisitions shall be'voluntary and without displacing legal, URA eligible occupants. In each voluntary acquisition, a public,solicitation shall oc u' .Offers shall be sealed and opened at(the same time, in,.the same place, by a County official. Records of offers shall bekept`�­Appraisals,are\inot required for purchases less than two thousand five hundred -dollars ($2,500)\if a mutually agreed -to sales price can be reached. Clear title must b'e.present in every transaction. The PA must decide at the time of approvingAhe acquisition whether or not appraisals and review appraisalswill be necessary and.what the maximum permissible sales price `will be. The decisiono acquire will rest with the County Commission that can reject or accept any and all offers. Written records shall be-maintained,documenting-d.ecisions\and rationale for selected courses of f/action.. X11\Non-Voluntary Acguisition,Plan: when applicable under DRI for emergency Acquisition of property (including easements and right-of-way) using federal funds \shall occur in accordance with the Uniform Relocation Act of 1970 (as amend''e and with any State and Federal regulations that may apply. Fundamental,. is eps that occur in each purchase may vary case by case. However, in general terms, the following should take place: (1) source of funds and authority to acquire confirmed, (2) property/site identified and suitable, (3) legal description/survey/preliminary title search performed (services procured as necessary), (4) notice of intent to acquire sent to owner, (5) appraisal services solicited and appraiser retained, (6) where recommend by the HRS or program required, review appraisal services solicited and appraiser retained (7) appraisal received and sent for review, (8) title companies solicited and retained after review received (title insurance amount and necessity determined in advance), (9) offer to purchase and notice of just compensation sent to owner, (10) owner contacted by attorney or other representative and contract formalized, (11) settlement costs calculated and closing date set, (12) closing conducted with funds changing hands and, (13) records of proceedings retained. The Uniform Relocation Act requires certain specific procedures such as some letters being sent via certified mail. The CDBG implementation manual provides a checklist that may be utilized in following each transaction to successful conclusion. County CDBG/DRI housing funds cannot be used in any way that would cause involuntary displacement. (Refer to the County's separate Anti -Displacement Policy on this subject:) f 12. Timing and Planninq Properties necessary for easements or acquisition shall be identified as early in the planning stage as is practicable.,Every attempt`shall be made to affect a design that is not wholly site -dependent that is where two or more sites are suitable for the project. It is recognized this may not always be possible; however, a policy of minimizing single -site alternatives is emphasized. In general terms, the uoluritary acquisition process shall be utilized to identify possible sites early in the project.`ites shall�be evaluated for suitability prior to the final design phase'to th ,maximum practicable extent. As soon as alternative sits are identified'\and evaluated, appl cable acquisition procedures should commence Projects'shall�not normally be sent out for bids'unless properties to be acquired or,utilized for easements have been formally acquired or a commitment exists4hich is sufficiently firm and binding to be considered safe for_-the,p jest to�proceed with start up.. The PA shall make the determination as to whether or not,bidding, award and start-up may proceed to closing on the property \\ \\ Inthose cases where needed'for easements and/or acquisition is not identified until after, the project is underway, procedures shall be expedited to the maximum practicable extent and utilization of funds, the value of which would be\unrecov/erable if the transaction did not occur, minimized. The County's Anti displacement and Citizen Complaint Policies shall be followed in these cases. 13.Appeals / Complaints: (See the County's Grievance Policy) The HRS and the PA are authorized by the County to make all determinations of eligibility for assistance and level of assistance, scheduling of rehabilitation, demolition and relocation, and contract management. Citizens and/or contractors should issue complaints to the HRS or the PA. For a complaint to be considered valid, it must be issued in writing within a period of ten (10) calendar days of its occurrence. Responses also shall be issued in writing. The County's Citizen Complaint and Grievance Policy, Citizen Participation Plan and Fair Housing Ordinance shall be adhered to in addressing any complaints. If the complainant is not satisfied with the PA's response, the issue must be presented in writing to the BCC Chair and/or County Administrator) in accordance with the Complaint Procedures set forth in the County's CDBG policies and procedures. Further action on any complaints shall be governed by County CDBG policies, including Citizen's Participation and Grievance Procedures. Any appeals will be made according to the County CDBG policies and procedures. Further appeals,,if necessary, must be addressed to the Florida Department Economic Oppo� ity, FDEO). 14. Fraud Z. All levels of housing program management are responsible for the detection and prevention of fraud, misappropriations, waste, and other inappropriate conduct as it pertains to the use of�specific program.fundhg. Fraud is defined in this document as a willful o` r deliberate act or failure to act with the intention of obtaining` n unauthorized benefit. Any fraud that is detected or suspected will be reported immediately to the PA, who will i conduct orploy on his/her\behalf�to conduct,an:\objective and impartial investigation into the �fraud ulent�lct vity, along with,other applicable departments X and/orNlaw enforcement agencies ass deemed necessary or appropriateSAny individual found to;have engaged in fraudulent activity, as defined by this polic , its subject to disciplinary action as program regulation and-the,law will allow, which -may include program, service, and/or employmentdismissal, as welllas_prosecution by appropriate law 11 ,enforcement authonties,� en appropriate. A`s used in this policy, the term "fraud" includes, but is not limited to, the following: 1. Any ishonestr fraudulent act. 2. Forgery or alteration of any financial document used for the purpose of program eligibility. 3. Deliberately including and/or providing false information from the program assistance application. 4. Deliberately withholding any required information requested to properly determine eligibility status, including all assets, liabilities, incomes. 5. Destruction or concealment of records, income and/or assets. 6. Failure to disclose and/or an attempt to conceal any conflicts of interest relationships. 90 7. Failure to disclose and/or an attempt to conceal any required information on employment. 8. Any similar or related inappropriate conduct. 16. Non Fraud Irregularities and Conduct: This Section covers allegations of personal improprieties or other irregularities not constituting fraud, such as drug abuse or distribution of, vandalism, assault, murder, sex offense or other such public nuisances, or criminal activity. Suspected improprieties concerning employees, managers, committee members, elected officials, or constituents seeking assistance from the various programs administered by the County, as it pertains to moral, ethical, or behavioral conduct should be�"resolved by the appropriate Local Government Department Director/andrA&m, inistration whenever possible. This section uses 24 CFR part`5'subpartt I; PREVENTING CRIME IN FEDERALLY ASSISTED HOUSING --DENYING ADMISSION AND TERMINATING TENANCY FORtRIMINAL ACTIVITY OR ALCOHOL ABUSE 15.851-5.861) and 24 CFR part +5Psubpart J; ACCESS TO CRIMINAL RECORDS AND INFORMATION (,5.901-5.905); as a guide when referencing non fraud irregularities�and conduct`, 17. Local Government The housing program may as applicable to funding requirements, create and maintain or require any of its Sub -Recipients, Contractors, Consultants and/or vendors toacreate and maintain\a monthly status report. This report is to be presented to,the PA/HRS on a,`regular.pre�-desk nated date and time each month. Itisimportant that the PA and local governing body be kept informed as to the project scheduling (i.e. bidding, work write-ups, contracting, construction, and completion) and budget to ensure that program compliance is,being maintained. <\Every status report should be prepared in a format <approved`by the PPA/.HRS and have attached budget summary, as applicable. The budget summary shall contain all relevant construction cost, \a6d, demographic data relevant to budget and administrative closeout audits and/or compliance reviews�Likewise the HRS and PA will submit periodic reports to the local, elected officials and submit all required monthly, quarterly, annual�re�quired reporting to the funding agency on time and as required. Per Fed era l'and/or'state rules, the following reports required by the funding agency include, -but may not be limited to: 1. Monthly Status Report (MSR) 2. Quarterly Status Report (QSR) 3. W/MBE Report (bi-yearly) 4. Section 3 Report (annual) 18. Subordination: (See the County's Subordination Policy) Approved Applicant homeowners who have received financial assistance from the various housing programs frequently request the local government to subordinate its interest in their property to a new loan mortgage/deed of trust 911 19. for the purposes of; refinancing an existing first mortgage, obtaining a new line of credit, home improvement, or debt consolidation. The allowance of the subordination of the DPL shall be in accordance with the local policy as approved by the County and/or the policy approved by the funding agency. An active subordination policy is critical and is intended to protect the local government's financial interest in the homeowner's property without unduly restricting the homeowner's access to the equity in their property. The language of the documents (grants, mortgages, deeds of trust) filed as liens against a property to secure the County's,interest prohibit the transfer of title, or portion thereof, without prior consent -by the County. Executing an additional lien, subsequent to the execution of 'the County's security instruments, constitutes a transferrof title that would make the County's loan/grant immediately due and,p`ayable.� The County will generally, upon written request from 1. Requests for Subordin his/her designee. 2. The following documei for consideration Of SL consent to`the\placement of a Subordinate Lien I the the following conditions: 'ation of Lien must be approved by the PA, or a. Proof,of licensure of refim Florida. 4 b. Authorization for Release _.-----,--S_ianatures\will b verified be -a-minimum should be provided to the PA �n requests: �,� iing'lender to-do business in the State of Information signed by the homeowner(s). c. -Written statement from th'e.Homeowner(s) stating reason for the subordination request. d. Supporting documentation as to the validity of the reason. ti e. Lender's`Good Faitl�\Estimate. ti NComplete terms and -conditions of the existing loan and the new loan. g. Documentation about payment of taxes and insurance and their status. h�C_opy�of apprai,'sal or property valuation information with method of determining same. Note: Consideration should not be given to any request for Subordination of Lien without this information. Additional information may be required. 3. Requests for Subordination of Lien will be reviewed and a decision made on a case by case basis on such merits as the following: a. Emergency needs arising from a natural disaster. b. Emergency housing repairs which eliminate a threat to the health or safety of the occupants or that eliminate an immediate or imminent danger to the dwelling itself. 92 c. Refinancing to lower the interest rate on the first mortgage if the closing costs and/or fees can be recovered within four (4) years. d. There is sufficient property value to support all outstanding mortgages. e. Refinancing for educational purposes. f. Refinancing for medical emergencies. 4. Request for Subordination of Lien should not be considered under the following circumstances: a. The interest rate on the new mortgage exceeds the interest rate of the existing mortgage. b. The cumulative loan -to -value ratio exceeds 100%. c. The housing debt -to -income excee_A 30%. d. The total debt -to -income ratio exceeds 40%. e. There is cash paid out to the borrower(s): y f. The mortgage lender and applicant fail to provide all required documentation. 5. Additionally, no subordination request shou� be approve it contains any of the following„provisions: a. Adjustable rate mortgage (ARM) b. Balloon payment(s)� �y c. Open line of credit � �” _ d. Reverse mortgage e. Prepayment --penalty / �t f. Interest only\rm rtgage g. Negative amortization '.y y -r 'fir-In-theeve\ntttthe�Coun_ty agrees to subordinate its affordable housing liens or -mortgages Usual consideration is -given only for proven hardship. Payment of ycredit card, ebt is `nota basis for approval in accordance with the County's Subordination Policy. It is the intent that granting of subordination shall be yne time only�arid sha I'not include any liens/mortgages recorded subsequent to the; County's lien interest. \\ o 20. Refi The County'will generally agree to subordinate its interest in a rehabilitated or newly constructed owner -occupied residential property assisted under the CDBG or DRI programs if the proposed new loan is in an amount that does not exceed the current aggregate balance of existing superior lien(s) plus reasonable closing costs. This policy applies to both repayable and deferred payment loans. Requests for a Subordination Lien due to hardship will be considered on a case-by-case basis and are contingent upon state and federal funder guidelines and rules. 21. Program Income 90 No program income is planned to result from the CDBG program. Program income should only result in the case of DPL repayment where the title is transferred or the unit is no longer the primary residence of the Applicant homeowner. All Deferred Payment Loans (DPLs) shall be zero -interest and deferred payment with repayment of CDBG/DRI funds only in the event of transfer of title or where the eligible Applicant homeowners no longer occupy the unit as a primary residence within the DPL period.. After the expiration of the FDEO CDBG Award Agreement between the County and the State, the monitoring will be performed by the PA annually through site visits and title verification through the Clerk of Courts and County Appraiser offices. The County's DPL mortgage documents and liens shall always include a notice to the County as soon as the title changes ownership. If repayment of CDBG/DRI funds is received during the DPL period, it will be relegated back to the Florida Department of Economic Opportunity (FDEO) or used for additional eligible CDBG/DRI activities as maybe authorized by FDEO. Program income or DPL,payments received subsequent to closeout will be returned to FDEO (within ten ('1,0) days or the timeframe allowed by FDEO at the time of program incomewreceipt if longer than ten ('1;0) )days) unless the state's program�income regulationsprovide for the County to retain those funds and use themi\for allowable purposes. F. General Program Polices 1. Obiectives/Goals 'of Assistance: The Housing program is designed to provide the following community opportunities a.—To - allow for public and-community.participation. b. Prvide saf�and affordab a housing solutions to VLI and LI families and ', individuals, � . To eliminate\deficient\code and -Housing quality standards (HQS) within �. � the housing.stock of the, -community. d-� Eliminate housing units,tlat can be considered to be a blighted influence on the community; e. Eliminate emergency housing conditions that pose an immediate health and safety�concern to residents/inhabitants. f. Provide energy,.efficient and affordable green housing features to VLI and LI families and individuals. g. Address other housing issues that meet program funding criteria within the intent and policy of the specific housing program. 2. Funding Sources The funding sources listed below will be used to conduct all approved activities associated with the CDBG DRI Program. The specific rules and regulation requirements approved for each program shall govern the specific use of the associated funds. 9-4 a. Community Development Block Grant (CDBG): b. Community Development Block Grant Disaster Recovery Initiative (CDBG DRI): c. Matched or leveraged State Housing Initiative Partnership (SHIP) funds The above funding sources may be used to supplement all approved activities associated with the CDBG DRI Program. The specific rules and regulation requirements approved for each program shall govern the specific use of the associated funds. G. Priority of Assistance: Priority of assistance is determined based on,local need and specific program requirements. When awarding funds for assistance'\to Applicants of housing - related services, it is important for the County'to establish a fair and equitable underwriting process for selection. For awards to individual Applicants, criteria are established by the program requirements, the current established HUD Area Median Income (AMI) limits, those affected by documented federal disasters, and other non -demographic preferences, such as targeting tospeci\,needs populations, elderly and disabled. Eligibility forlindividuals is base,''upon annual household income and on a first�come, first\qualified, and. first serve system. Applicants must complete and submit all required information on all household members for a determination of income eligibility and must be willing to execute all necessary documents on a timely basis. Applicant Qualification Criteria and Requirements Applicants will not be served until they have submitted a complete Application with all documentation required and have been found by the HRS to be income - eligible and can document clear and/or unencumbered title. Income -eligible Applicants are those Applicants with household incomes that fall between Very Low Income (VLI or 30% AMI) to Low -to -Moderate (LMI or 80% AMI). Income eligibility is determined by using the total household gross income and shall be determined upon completion of the application process. Applicant Selection Criteria and Requirements Applicants will be selected on a first-come, first -qualified, first-served basis using the ranking system found in Appendix B and will be documented by the individual(s) receiving the Applications by date and time stamp. Program rules require that a minimum number of VLI and LI Applicants be served. Therefore, priority will be given to VLI Applicants (minimum of two {2}) and LI Applicants (minimum of five {5}) until the required number of VLI and LI units has been satisfactorily addressed in accordance with and as outlined in the Agency Award Agreement with (HUD, FDEO). Assistance is subject to funding availability. No other ranking or scoring process will be used. VP Applicant Priority There are times when priority must be given to certain underserved groups or to meet funding agency requirements. These other Applicant priority consideration factors will take effect in the event that Applicants simultaneously submit an Application and it is not discernible by the individual(s) receiving the Application which Applicant entered the facility to submit the Application first, or in the event that the Applicants enter the facility to submit the Application at the same time and there is only one individual to receive the Applications causing one person to have a later date and time stamp on their Application. In addition, if the HRS, in consultation with the PA and other applicable local government departments (Housing, Building, Fire, Health Department or Code, etc.) determines that one Applicant's housing unit poses a greater hazard to health and safety than another's, the Applicant at greater risk of physical harm may be given priority (i.e. roof replacement would take precedence over a window repair). H. Applicant Intake __p `� ` As required by specific program rules, t appropriate public noti iicatijon and`publi availability shall be placed in the approp and discuss specific,program-housing a available program fun'ding:-Subsequent fpen ds a min mum of:, ' �p lie. Co ` y�will`solicit and advertise the c,hearing(s),notices. A notice of funding riate media outlets to provide information etivities to be undertaken with the .�to1he public hearing and advertising 1'\,\ One (1) Applicant\workshopshould be advertised and held in a public setting to address additional questions or concerns from the participating public. 2. All public hearings, advertisements, and workshops shall be advertised in accordance with the appropriate funding agency (HUD, and FDEO) require�me` s� An informed Applicant will help minimize future misunderstandings. To this end, Applicants should be informed early in the process of the program's income limits, benefits, stipulations for assistance; repayment terms (if applicable) and anticipated timeline from application to assistance. This information can be effectively conveyed via a program and/or goal specific fact sheet or program brochure and should be discussed during the initial Applicant workshop and as required during any follow up contact. The HRS shall review and Program Administrator shall review and rank the applications based on a first come, first qualified, and first serve process. The DRI category will be based on the same criteria. The application process will have a noticed cutoff date for the receipt of applications. Applications received after that date shall only be considered on a 'first come, first qualified, first served' basis as alternates after the primary list of Applicants has been considered and exhausted and where sufficient funds still remain to address more units. Primary consideration of 'first come, first qualified, first served' status shall be when the Applicant complies with all program criteria and has furnished all required documentation and can therefore be qualified by the HRS, rather than time of receipt of the initial application. This is contingent upon funds remaining available at the time,of, app oval and the unit in question also qualifying. Income qualification n dunit qualifi tion both apply (e.g. an Applicant completes their file and is qualified, but the unit.is in the flood plain or historic and insufficient funds remain to;address those issues. However, the next Applicant in the first come, first qualified, first served line -\qualifies and only needs roof and window repairs with in�the,remain ing budget."\ The HRS or the County's 6- may remove an Applicant from any CDBG program for a change in household'income�approved'in the Applicant Selection Criteria, not complying with the minimum qualification procedures, refusing to comply with the program requirements or HRS directions,(su(-,h,a's\temporary relocation from an unsafe dwelling or work area), not accepting -the program standards or HRS recommendations foreligible repas,or other just cause that would expose the County to unacceptable'Ask. If it is determined that -it is necessary to remove an Applicant from-the,program_, a certified Fetter will be drafted and recommended by the HRS --an` ent,by-the County to the,Applicant stating the reasons for the removal The Applicant will havethe-right to appeal the decision as identified in fthe-Citizen Part`cipationlPlan. The HRS's best judgment shall be the guide in determining whetherit is int he best interest of the program or the County to reject a unit or application. l 'he practical housing rehabilitation experience of the HRS'isti critical in dealing1with potential risk to the County or program, or the safety of the occupant in,, ases where Applicants refuse to cooperate with program guidelines ori' HRS dilrections. / ; Note: It is important to ensure that the housing program does not discriminate against any class of potential Applicants. All persons must be treated equally when serving housing needs. The Fair Housing Act is the term commonly used to describe the provisions of Title VIII of the Civil Rights Act of 1968, as amended in 1988. The Act states that it is unlawful to discriminate on the basis of race, creed, color, religion, age, sex/gender, familial status, national origin, or disability. In addition to what is covered under the federal act, Florida law also prohibits discrimination on the basis of marital status. This language should be included in all program information announcements and advertisements relating to the 9_q housing program. It is important for housing administrators to be familiar with fair housing laws, as well as the more subtle forms of discrimination. 1. Application Process and Applicant Eligibility Listed below are the minimum functions to be performed in processing an Application for Assistance. The County should make every good faith effort to notify the Applicant of eligibility within thirty (30) days of the application date. 1. Review with the Applicant the objectives of the rehabilitation activities. 2. Advise the Applicant on the specifics of the grarit�program and other funding sources that may be available. 3. Advise Applicant concerning the conditions under which a loan/grant is made. 4. Assign an application number and set up a,separate file for each Applicant. 5. Check all local tax records to determine,that property taxes are current. 6. Verify Applicant's household income. Retain documentation in program files. (Also housing expenses and assets,if they are used)\ 7. Determine eligibility of the Applicant for assistance. Evidence that ownership of the property has been verified through the Property Appraisers Office shall be retained in the office files. \7 The application for assistanc�should contain ,ahthe necessary information to determine whether an Applicant is eligible for program assistance, including but not limited to: 1. The nurnber-of people residing in ,the household including name, age, relationship to head of household, Social Security number, present address and home phone number and employment status; 2. ,Name -and ad`dress�o em,p of yer(s)\work phone number(s), position title and f number. ofyears on job with-emp'loyer,;;' f3. Sources of,annual income, includin�earned, unearned and asset income \.;(this subject will described in detail below); 4. A statement signed�by the adults who reside in the household consenting to We,disclosure of information -for the purpose of verifying income and assets for determining income eligibility for program assistance. 5. A signed, statement indicating that the Applicant understands that all information,providedlis subject to Florida's public records laws. 6. An authorization for release of information sheet. 7. A statement that it is a first degree misdemeanor to falsify information for the purpose of obtaining assistance. To ensure proper Applicant qualification, each Applicant shall also be required to provide, at a minimum, the following documentation, as applicable, on a case-by- case basis. 1. Completed Application for Assistance and disclosures with signatures and date. (including duplication of benefits documentation from FEMA, Insurance, M SBA, family assistance, faith, or community assistance documentation, and duplication affidavits) 2. Government Photo Identification for Applicant and any co -Applicants. 3. Proof of Ownership, e.g. recorded copy of Property Deed. 4. Current Property Tax Receipt. 5. Most current year's Tax Returns or current year's Tax Transcripts from IRS. 6. Paycheck Stubs (last 3 pay stubs for each working member, with, additional and updated stubs required at the County's discretion). 7. Most current Social Security Statement of Benefits for each household member. 8. Most current documentation for other assets/491�(k), retirement/pension, IRA, CDs, annuities, etc. 9. Most current self-employment income statement with schedule C, E, or F. 10. Documentation on dependents claimed,(including birth certificate, school records, court-ordered letter of guardianship, divorce'decree and/or letter of adoption). 7/ �� 11. Three most current bank statementsfor all open checking, savings or other interest bearing accounts at the time of application and at` clontract signing. 12. Property Appraiser documentation showing year the unit was built. 13.Third party contact information and release to obtain third party'verification of employment signed by employerand notarized. This documentation must be received for eligibility determination. 14. DRI only: Documentation showing the Applicant was displaced or received damage from Federally Declared Disaster. The PA/HRS should review the application carefully to ensure that the Applicant has provided all,sources'otincome, including total household assets and asset income. If an,Applicant has -trouble completing the program application and ,providing -the. required back up documentation necessary needed for final ,program eligibilitylt may be preferable -to schedule a meeting between the HRS and'Applicant tocomplete the,application for assistance in a scheduled, face-to- faee,iriterrview where the Applicant can be prompted to provide accurate and comprehensive income and household information. It is common for Applicants to misunderstand what items to count toward annual income. Applicant Homeowners and all household members are responsible for working in good faith and in a responsible, reasonable, and timely manner with the HRS. Reasonable deadlines shall be established at each step of the process of submittal of information by the homeowner. Generally after two written notifications, any refusal or failure to provide information, or any established pattern of untimely submittal of information by the homeowner, at the HRS's discretion and approval by the PA the Applicant's case file may be . closed. J. Applicant Homeowner Eligibility Standards In order for a homeowner Applicant to be eligible for purchase and/or rehabilitation assistance, the following criteria must be met: 1. Total household income under CDBG and DRI must not exceed the very low income (VLI) to low -to -moderate income (LMI) limits set for the HUD Section 8 program at the time assistance is provided or no greater than eighty percent (80%) of the Area Median Household Income (AMI) limits. 2. For regular category CDBG and DRI. The Applicant homeowner must possess and provide clear title to the property`, although it may be jointly owned and the property may be mortgaged. Ownership through life estate, heir property or other legal satisfactorily documented ownership is considered satisfactory for program participation. Providing proof of title is an owner responsibility and expense7. 3. The Applicant homeowner must reside in the dwelling as a primary residence to be rehabilitated for at least one (1) year prior to the time of application (owner occupied assistance). In the case of the DRI category, the Applicant homeowner must have been permanently residing in the dwelling unit as the primary residence at thetimeof the declared disaster. 4. Property tax _mortgage payments and utility bills. must be current and ownershipmust not,be jeopardized by any other threat of foreclosure, default or clouded title to'beligible for �CDBG �and,DRkowner-occupied rehabilitation. 5. For -all CDBG�progr'ams the property must be fully insured for basic hazard/homeownership insura` cep FFlood Insurance also applies in the one /hundred'(4100)\yearflood plain and the County must be named as a policy holder if the home is in the one hundred (100) year flood plain. Flood insurance must. -remain in\effect for the entire period of the Deferred Payment LoamAgreement. Any unit t \be addressed with CDBG funds must be elevated to at least one foot (1') above base flood elevation (or to local code) whichever.is greater,, or disqualified due to cost infeasibility. This applies to all categories\antl all activities involving construction. 6. For all CDBG programs, all Applicants that may have a business or familial relationship with a member of the County Commission, the Citizen's Advisory Task Force Committee, HRS, PA and participating construction contractors must fully disclose this relationship at the time of the Application, at the point in time in which the conflict occurs and definitely before a construction contract is executed (see Conflicts of Interest) 1O 7. For regular category CDBG and DRI, if a boundary survey is required, the Applicant homeowner is responsible for providing necessary proof or documentation at the homeowner's expense. 8. Rental or other income generating properties are not eligible to participate in the CDBG or DRI owner -occupied rehabilitation program. Only units occupied by the Applicant(s) with clear title as a primary residence are eligible. 9. In DRI categories, lease units may be addressed if a) the County is seeking lease units to meet DRI VLI or LMMI needs, -b) the project is cost feasible, c) the unit(s) are income restricted (either LI/orVILLI), d) the units comply with all HUD and FDEO eligibility requirements(o�,willl by means of agreement and improvements), e) have CDBG eligible',repair needs and f) for VLI rental set aside funds, the property management agency demonstrates capacity and the minimum five (5) years' experience required to participate. Such properties shall be screened and qualified by the selection*lprocess and review of the HRS. The property managemerit�organizatibn is�equired to re - verify income annually for all tenants.,�,� ; 10. Applicants may be re uire�attend a H'UD/`a roved eight 8 hour Pp Y q \ \'< ` y 1, 9 ( ) homebuyers education class prior -to I- this may apply to any new constructions units under the 'DRI program. 11. For all CDBG and,DR.I progra` ,Ahe Coun�hall take all reasonable measures to avoid fraud and abuse. The County shall provide qualified oversight through competent staff of contract program oversight. Any fraud or -abuse of Housing funds -shall be\,grounds for disqualification.(See Fraud section of1h�is documen6- - ,'--­., ` `Each Applicant;'to ensurb#oper homeowner qualification will also be required to provide at a minimum documentation as required in subsection L Application Process,and Applicant Eligibility. K. Duplication�of Benefits In regards to Disaster Recovery Initiative (DRI): Applicants who responded to an advertised request for Applications must provide additional documentation as listed below: \ 1. Proof that the residence was impacted by the applicable federally declared disaster event. 2. All FEMA, Small Business Administration (SBA), and Insurance claim documentation. 3. Written certifications and proof of all benefits received. 1m 4. All receipts and/or invoices for work completed using FEMA, SBA, and/or Insurance monies from a filed claim. Any and all program required self -certifications as is required by the funding agency, the housing program, and applicable local governments L. Applicant Household and Income Verification The household and income verification process may vary slightly from one program to another depending on the funding agency requirements. Generally speaking, an eligible household is comprised of one -or more natural persons determined by the eligible municipality to be of very low income, low, low to moderate income according to the current HUD income limits adjusted for family size. The HUD Handbook 4350.3 Chapter�3'Secti\n�-6 (E) (as may be amended) provides guidance on whetheror_not to count an individual as a household member. Whenever the handbook indicates that an individual is a household member, the individual's full,income must be\included in the annual income. M. Household Income An Applicant homeowners hous`hold income eligibility status shall'be determined based on the total'family�Gross Annual Anticipated Income according to household size and make-up. The income eligibility of each household will be determined in accordance with., current -HUD, annual income" rules and regulations as.,tlefined-in HUD andbooIN350�-3. rev'3 or those adopted through the funding�6gents Consolidated ARlan.,and�appr-oved,by HUD. All household income inclusions and exclusions can be found at HUD 24 CFR part -5:'- �.� \� .-- http://portai.hud.gov/hudportal/HUD?src=/program offices/comm planning/afford (ablehousing-hraining/web%calculator/definitions/part5 Tl`e income of each household assisted with any CDBG or DRI funds will be determined at the time of purchase in accordance with 24 CFR 570.3 using "annual income" as defined by the Section 8 Housing Assistance Payments Program tonsure income requirements are being met. The following rules arepplicable in determining household income: For all CDBG programs, the gross income of all household members occupying the dwelling is included in calculating household income. However, wages earned by dependent minor children (under age 18) are not included in total. 2. For all CDBG programs, all Applicants applying for housing rehabilitation assistance under the CDBG program will be subject to a third party income 102 verification process to ensure that all Applicants meet the minimum income guidelines set forth by the established HUD minimum income limits. 3. For all CDBG programs, occupants of a dwelling who are not related to or not dependent upon the Applicant homeowner(s) are considered part of the Applicant homeowner's household. 4. For all CDBG programs, rent or other household support contributed by non - household occupants of a dwelling is included in household income. For all CDBG programs: The Applicant homeowners assets, with the exception of the home in which he/she resides, unless previously ; previously assisted with SHIP funds and personal property such as an automobile, will be considered in determining eligibility. The actual annual income fromthe-assetlwill,,be calculated as part of the total household income. Inclusion,of such assetslif any, will be in strict accordance with 24 CFR 813.106 and any current modificati \thereof. II. COMMUNITY DEVELOPMENT BLOCK'GRANT--(CDBG/DRI) PROGRAMS — REHABILIATION AND CONSTRUCTION, POLES AND PROCEDURES ti A. Identification of Units Housing Rehabilitation will be'pdrformied only on units"approved by the County and in accordance with.grant requirements established by the State of Florida DEO and the U.S. Department of"Housing and -Urban Development (HUD). Alternate units may be provided toyreplace any primary units that may become ineligible. The County will solicit applications either from other housing assistance.provide,rs that have knowledge of need within the County, by placing notices -in-public areas throughout the.,County and/or by advertising in publicly `circulated publication�,�The County -will review applications received using the following selection criteria -,as -defined in the Priority of Assistance section of this document: 1. For all'CDBG programs, has the Applicant previously been furnished assistance�under,any County Housing assistance program including State Housing'Initiattive Partnership (SHIP) or Disaster Recovery Initiative (DRI), or other such federal/state programs, and if so, when and under what circumstances --A former Applicant that received assistance under the regular CDBG category cannot be assisted for five (5) years and in any event will not be served again until all other eligible Applicants have received assistance. 2. For all CDBG programs, number of persons in the family and the family income. Priority will be given to Applicants that meet the VLI and LI Applicant selection criteria as defined in the Priority of Assistance section of this document. 103 3. For DRI, housing units identified by the County when the County falls under a Federally Declared Disaster Event, having been affected by a disaster. 4. For regular category CDBG and DRI, type of construction (i.e., block, manufactured home, wood frame, etc.), state of deterioration of the residence and estimated cost to rehabilitate as compared to 1) average residence cost calculated in the application and 2) the value of the residence after rehabilitation. For DRI category funding only, assistance for mobile or manufactured housing will be included in the program, but will be restricted to replacement of said structure with a site built home, unless prohibited by local or state regulations or infeasible due to a ppa licant or site conditions. The HRS shall make the final evaluation and recommendation for addressing any mobile or manufactured units. , 5. For all CDBG programs, location t e residence'vith;eference to defined areas, i.e., floodplain, zoning, incompatible use, historic,preservation, hazards, etc. il\ 6. For all CDBG programs,compatibility (consi� cy) of the \proposed residence rehabilitation with the local Comprehensive Plan and/or land development regulations\ _� 7. For all CDBG_programs, confirmthatt the A p icant,i current on all payments to the local government (i.e garbage%trash-bill, utility bills, taxes, etc.) and mortgage/lien holders. 8. For all CDBG'progra'ms, Applicants',,willingness to maintain reasonable standard of care (code compliance) and maintenance to protect and enhance /the-inv_estment"by\meeting'locahnuisance, trash, and other environmental or %health codes. 9 \YFor regular category CDBG,and DRI owner -occupied units, to be eligible, Applicant must be able to show clear title to the property. 10. For all CDBG programs, is the structure more than fifty (50) years old? The Applicantsall intlicate on the Application form whether to his/her knowledge the structurejs older than fifty (50) years. If the answer is "yes," or if other evidence suggests the structure is more than fifty (50) years old, the County must notify the State Bureau of Historic Preservation and receive written approval for the rehabilitation. Property Appraiser, tax records, or other government agencies' records will be researched to verify the age of the structure. 11. The HRS shall make the final evaluation and recommendation for each Applicant and unit as to whether they are appropriate under any CDBG or DRI program and the HUD and FDEO requirements. The County makes the 104 final determination of acceptance of an Applicant and of award of any units, subject to the guidelines of this HAP as set forth by the Board of. County Commission Members. 12. For regular category CDBG and DRI, for owner -occupied rehabilitation, owner -occupied shall mean a residential unit with the clear title in the personal name of the Applicant(s) used as the primary residence of the Applicant(s). This does not include any non-residential unit or shared space with non residential uses or income generating property. 13. For all CDBG and DRI programs, this program will not assist in the rehabilitation or replacement of rental housings'tructures. 14. For regular category CDBG housing -pr( occupied homes will be assisted. fi B. Eligible Property Types t Eligible property types will vary based on,th specific program and its funding origination. types include but are not I mited to:�� single family, owner goals and,r.,egulations of a : common eligible property 1. Single -Family Ho 2. Townhomes, Condominiums, units and Duplexes.", 3. Mobile Homes (replac em ent only,)/ �. All properties must\be within he approved program jurisdiction boundaries and the following property eligibility_criteria`areapplicable: /,;/Type of c�nstruct\ionj (ke., block, mobile/manufactured home, wood frame, `etc.), state of�deterioration of the residence and estimated cost to rehabilitate '\a\compared toy\average\residence cost calculated in the application and 2) the value of the residence` after rehabilitation. Assistance for mobile or manufactured hou`sinig may be included in the program, but will be restricted to the specific requirements set forth in the local program guidelines unless otherwise 'prohibit d,by federal or state regulations or infeasible due to Applicant onsite conditions. 2. Any home eligible for assistance where the cost of rehab will be in excess of fifty percent (50%) of the appraised value of the home as listed with the local Property Appraiser's office will be disqualified for CDBG Housing Rehabilitation funding. 3. Location of the residence with reference to defined areas, i.e., floodplain, zoning, incompatible use, historic preservation, hazards, etc. 4. Consistency of the proposed residence rehabilitation with the local comprehensive plan and/or land development regulations. 105 5. Whether or not the Applicant is current on all payments to the local government (i.e., garbage/trash bill, utility bills, code violations, taxes, etc.) and mortgage/lien holders. 6. Applicant's willingness to maintain reasonable standard of care and maintenance to protect and enhance the investment by meeting local nuisance, trash, and other environmental or health codes. 7. Whether or not the Applicant has clear title to the property. The Applicant shall have fifteen (15) calendar days from the date of the County's review, which will include the results of a title search. If fifteen (15) days pass without proper documentation or compliance, the application will become an alternate (falling to the bottom of the list onftlie sixteenth [16th] day) and shall not be considered until 1) all other applications are exhausted with funds remaining and 2) the Applicant has a completed file with full compliance with this requirement and all others..,' 8. Whether or not the structure is more than fifty (50) years old. The Applicant shall indicate on the applicationrform,whether to his/her knowledge the structure is older than fifty (50) `years. If the answer is "yes," or if other evidence suggests the structure is,more than�fifty (50) years old, the County must notify the State Bureau of Historic Preservation and receive written approval for the rehabilitation or demolition/replacement prior to'the start of work. 9. The HRS shall make the final evaluation and recommendation for each Applicant and unit as to whether they re appropriate and eligible under specific program rules and in compliance with thefunding agency requirements.' TM P\A makes�ttiefinal.determination of acceptance of an Applicarit•and of the"award of any units, subjedt-to the guidelines of the local policies. `" 10. Where -applicable the Hk§-must complete the proper environmental review process, including but not limited -to a,site specific Tier 2 form, and receive written approval or`release of funds from the funding agency prior to the start \\\of rehabilitation \ 11\Partner-assisted_ programs (with "partners" being affordable housing developers, community based organizations, housing authorities, non -profits andsimilar affordable, housing providers) may be implemented as outlined in local policy,guidelines. Partners shall be selected using the Request for Qualifications.(RFQ)ror Request for Proposals (RFP) competitive selection process. Deed restrictions and Deferred Payment Loans (DPLs) apply. All unit and Applicant qualifications and monitoring by the HRS and PA apply. Partners must agree to comply with all program specific requirements and submit to monitoring and directions of the HRS before any funds are released or payments made. 12. For owner -occupied rehabilitation, owner -occupied shall mean a residential unit with the title in the personal name of the Applicant(s) used as a primary residence of the Applicant(s). This does not include any non-residential unit or shared space with non-residential uses or income generating property. 106 C. Scope of Rehabilitation Assistance CDBG financing of housing rehabilitation is available for the following purposes: 1. Addressing local housing code required repairs under current Florida Building Codes requirements for Existing Buildings and local Maintenance Codes and/or Section 8 HQS violations, whichever is most stringent for each code - related repair needs. This will include Florida Energy Efficiency Code for new construction where it applies and Accessibility Requirements (24CFR Part 8, 24 CFR 100.201, 24 CFR 100.205) where they may apply; 2. Providing for cost effective 'Green Standards and`Additional "Green Standards" as described in section J: Rehabilitation and Replace Procedures. The most current Florida Green Building Coalition -checklist of green features including those required by FDEO and that are.apvpropriate for the type dwelling shall be used as a list of options for including affordable green features; 3. Providing reasonable repairs and modifications to make the dwelling accessible to handicapped and elderly occupants as necessary and technically feasible. The HRS shall determine`thetfeasibility and eligibility,of any such repairs; and � 4. Correcting health and/or -safety violations\that am y be present,, including replacement of dilapidatetl or malfunction ng stoves or refrigerators and interim controls or abatement of lead-,based,paint ha`zartls. The HRS shall determine the feasibility and eligibility of any such repairs; Except for DR.I new constructionr`edeveloprhent activities, new construction such as adding,a"roorn,or`closing in a,carport�is _eligible for rehabilitation financing on''lyto eliminate overcrowding or to provide bathroom or laundry hook ups. In all CDBG categories generakpr'operty improvements are eligible for program -funds when necessary -to obtain' an accurate level of utility, to decrease high�maintenanc costs -or to eliminate blight. Examples of eligible general property improvements,.include installation of cabinets and linen closets, functional changes in room Payout, replacement of unapproved or damaged floor coverings, and enclosure of;a porch for use as a bathroom where the dwelling does`n6t�have adequat'b interior..space. In the CDBG and DRVcategories for owner occupied rehabilitation, some general Property improvements that are not required by code, and/or Section 8, HQS, or the work required by the code and/or Section 8 HQS (creating a need for restoration) or other eligible reasons listed above and recommended by the HRS may be provided at the owner's expense. The cost for any such improvements shall be borne by the owner who must deposit the funds with the local government prior to construction otherwise the additional items will not be included in the construction. These items must be included in the Contract for Rehabilitation that is developed and administered by the Program. However, ineligible new construction must be contracted separately. Furthermore, any construction not covered in the construction contract will be inspected by the local building inspector and will not be inspected by the HRS or PA. 107 D. ContractorNendor Listing The Housing Rehabilitation Program will establish and maintain a current listing of eligible contractors for bidding on all phases of the program. Only those contractors who are so listed will be considered for work on this program. Establishment of this list will include maximum outreach to allow for utilization of qualified local Section 3 and minority contractors. Programs in which the funding originated from a federal source (CDBG, DR[) prohibit local preference in accordance with 24 CFR`85 36, but require maximum compliance with Section 3, W/MBE, and EEO practics as set forth in HUD and CFR regulations. Every effort shall be made tofnotify Contractors residing or maintaining offices in the local area through public\notices, as part of complying with Federal Section 3 and Minority -Owned Business Enterprise (MBE) requirements. This special effort will be based upon the list of Contractors licensed in the jurisdiction including%esidential, building,and�general contractors. Letters sent to Contractors, and/or`solicitation advertisements ill be placed in the appropriate program file to document\ ompliance. In addition to active efforts to comply with Federal Section 3 and MBE requirements, the County will follow all program requirements(in its-advertisina-and will promote fair and'open competition, with no restrictionsto-promote advantages for local firms or businesses. Contractors residing or maintaining offices in the local area will be recruited through public notice -to all such contractors, as part)of the County's compliance with Sectio 6,3 requirements. This special effort will -be based upon the list of contractors licensed in the jurisdiction including residential, building and general contractors. Letters sent to contractors, or advertisements placed soliciting them, will be_Oaced-in the,apgrop it ate_County\proaram file. The contractor listing will include all local contractors who apply and are determined eligible based upon,program qualification standards. If the po� f local contactors is inadequate to provide a sufficient pool of contractors1w\i Ili ng and qualified to perform the rehabilitation work at prices that are consideredreasonable and comparable to the prepared estimate, other contractors will,be solicited. Maintenance of a pool of competitive, qualified, and capable contractors is essential to program completion. The existing purchasing policy of the County will be used to determine eligibility of the contractors. E. ContractorNendor Eligibility In order to participate in the Housing Rehabilitation Program, a contractor must be approved as eligible by the HRS, the PA and by the Florida Department of Economic Opportunity (FDEO). 1:: Standard ContractorNendor qualifications include but are not limited to: 1. Current license(s) with the appropriate jurisdiction. 2. A satisfactory record regarding complaints filed against the contractor at the State, Federal or local level. 3. Insurance: a. Contractor's Public Liability Insurance in an amount not less than $1,000,000 aggregate coverage b. A certificate evidencing Worker's Compensation insurance in statutory limits in accordance with Florida law. Z c. A certificate evidencing Auto Insurance, including bodily injury, in an amount not less than $1,000,000 per accident and in the aggregate. d. A certificate evidencing General Liability insurance covering bodily injury, including death and property damage, in an amount not less than $1,000,000 combined single limit per occurrence.lr�\ e. Copies of certificates shall be provided to the PA. The Contractor shall provide the PA with a certificate of insurance from the insurer guaranteeing thirty (30) day notice to the Housing Rehabilitation Program before discontinuing coverage. 4. A satisfactory credit record; udin�g:` a. References from m two (2) 'sup,pliersfwho have done business with the contractor'involving credit purchases b. References fro -n three (3) subcontractors who have subcontracted with the contractor. + c:- The bility`to finance ehabilitation contract work so all bills are paid before Y requesting final payment:�� 5. 'has referencesJrom atIeast;three (3) parties for whom the contractor has performed construction work. 6.\Absence from anylist of debarred contractors issued by the Federal or State D`E DQL\HUD or FO: '\J 7. Acceptance of all program requirements, including but not limited to Section 3 goals an&reporting. MBE goals and reporting and where applicable prevailing,w�agerequirements. The HRS will assure that current and past performance of the contractor are satisfactory based upon readily available information, and reserves the right to, check any reliable source in establishing such determination. The HRS will explain the contractor's obligations under Federal Equal Opportunity regulations and other contractual obligations at the pre-bid conference. Program procedures, such as bidding and payment will also be explained to the contractor. 109 Additional or alternative requirements may be applied by the County based on County policy, provided that such policy(ies) do not violate CDBG rules or regulations. F. Contractor Disqualification Contractors may be prohibited or removed from program participation for, but not limited to: 1. Poor workmanship or use of inferior materials. 2. Evidence of bidding irregularities such as "low -balling" (submitting an unreasonably low bid in the hopes of increasing the bid amount through change orders once construction has commenced), bid rigging, collusion, kickbacks, and any other unethical practice.-,,, 3. Failure to abide by the work write-up; failure to complete work write-up (and bid) accomplishments, and any attempts to avoid specific tasks in attempts to reduce costs. I ./ 4. Failure to pay creditors, suppliers, Laborers or subcontractors promptly and completely. 5. Disregarding contractual obligations or programprocedures\. 6. Loss of license(s), insurance,or bonding. 7. Lack of reasonable cooperation with homeowners, HRS, PA, rehabilitation staff or the others involved in the,work. 8. Abandonment -of a job. 9. Failure tofcompl toe work ina;im\elmann r� 10. Inabilitylor failure to direct the work/in a competent and independent manner. 11. Failure to,honor warranties. ` 12. Ineligibility to enternto federally or state assisted contracts as determined by fthe­U:S.,Secret `ry-of Labor, HUD or FDEO. 13.Other just cause thatwould`expose the)Program or homeowner to y (unacceptable risk. � 14. Failure to resplond to a' ..minimum of three (3) consecutive requests for bids. 15`A�t the contractors�request.� G. Eligibility. Inspection. Each Applicant ho applies for rehabilitation assistance is initially screened to determine whiether he/she is eligible for a 100% Deferred Payment Loan. A preliminary inspection'of the Applicant's unit is then conducted to determine feasibility of rehabilitation. If either the owner or the structure does not meet eligibility requirements for program participation, the HRS will reject the unit/Applicant. In the case of owner - occupied rehabilitation and upon PA review and approval, a written rejection notification will be sent to the Applicant via certified mail within ten (10) days stating the reason for rejection. Ito If both the Applicant and the house structure appear to be eligible for program participation, the application/verification process continues. A work write-up with cost estimate is developed by the HRS and approved by the Applicant and the PA. The cost estimate for the job is considered confidential information until bid opening. If special financing arrangements (such as the Applicant covering excessive costs or general property improvements) are required or anticipated, arrangements must be made prior to bidding to prevent soliciting bids on a home that cannot be financed. When the unit and Applicant receive preliminary approval, bids are solicited for the job. Once the HRS has found the Applicant and the dwelling unit to be program eligible, a full property inspection and review wilkbe�conducted. The inspection process shall at a minimum consist of the�following:,\ 1. The completion of the HUD HQS' Inspection Form (optional at the HRS discretion). � 2. The completion of the pre -Scope Of W,�ork (SOW) and inspection report further detailing all code/.HQS deficiencies�and.1 sting the areawhich rehabilitation is required. 3. The completion of the final -SOW and cost,estimate H. Bidding Bidding of pot" ential CDB'G and DRI units is "conducted b the HRS in conjunction with the CountyProcurement/Purehasing Department. Applicants review the pre - approved list of,eligible contractors before their cases are sent out for bids. Applicants -have the right to remove any contractor(s) from the list of prospective bdiddecs-fort ir` nit; s long as_the r -e` oval request is based on non- iscriminatory,_non-bias,, or other non -subjective reasoning and at least three (3) eligible contractors are allowed to biethe Applicant must be willing to justify the reirnoval of contractor(s) fromthe bidding list. Applicants may also request additional contractors as bidders If these Applicant -requested contractors submit the Contractor Application and are approved by the PA and are otherwise eligible, tti°ey may be addyed to the bidders list and bid on the housing rehabilitation,work. The/HRS will make maximum effort to ensure participation by minority and/or'Section 3 owned contracting firms. Under CDBG and DRI, the HRS shall qualify and recommend all contractors and other necessary vendors (lead based paint, asbestos, title search, mold, appraisal, land survey, environmental, etc.) for work the HRS recommends or the program requires on eligible units. In these cases, the County policies shall govern the qualifying and award process, including this HAP. No housing unit owner, occupant, or immediate relative of the same, either personally or corporately, shall serve as a contractor or sub -contractor to be paid with CDBG funds for the rehabilitation of said building, nor shall they be paid for their own labor with CDBG funds for the rehabilitation of said building. 1131 A notice is sent via email, fax or U.S. Mail to each eligible bidder to inform them of the job. Bidding notices will be posted at primary governmental buildings to the maximum practical extent. Advertising for individual jobs will be conducted as necessary but will not exempt contractors form the requirement that they must be pre -qualified. 1. Notification to Bidders (NTB): The HRS or assigned Housing Staff will notify previous program approved Contractors of the availability of the work order and establish a date for the pre-bid conference,and bid submission deadline. Bids are opened in the public at the designated time and bid tabulation is prepared. 2. Pre -Construction Meeting: An onsitefineetin wi�e arran ed between the homeowner, the approved Contraetors�and the HRS�to review the scope of work and site considerations. This meeting will also serve to allow for Contractor and homeowner introductions and questions.,Any questions that arise from the onsite meeting must,b\e.submitted in writing to the HRS who is required to answer the question in writing and submit it to all -approved present Contractors. Questions may not,be answered less than seventy-two (72) hours prior to the established bid submission date. Each contractor MUST attend this pre-bid conference held at It e,ap proved unit to be rehabilitated or_inspect the house under -the Applicant's supervision. Failure to do so will result in automatic�rejection�bf his/her bid,(s) for the unit(s). 3. Bid Submission and`Award Redommendations:-Bids will be submitted on the date and time established in the Notification to Bidders advertisement and awarded in compliance_ with -the HAP requirements and the terms set forth in /the-NTB advertisements. Sealed -bids will be opened at a public bid opening. /The HRS'w�,general y,recommend that the contract be awarded to the lowest responsible bidder;within plus or minus fifteen percent (15 %) of the -\cost estimate. Bidding procedures will adhere to County purchasing policy. Bids below the fifteen percent (15%) threshold will be reviewed and are not automatically disqualified. A minusten perc nt,;(10%) contingency will be assessed for all Section 3 and/or W/MBE'"firms at the bid opening to provide incentive, opportunity and encourage the,participation of such established business types in accordance with HUD requirements. All bid awards will be made available to the participating Contractors and homeowners. The PA reserves the right to reject any and all bids and to award in the best interest of the Applicant and the County. The Applicant must approve the bid award prior to signing contracts. m L 9 No contractor will be allowed to have more than two (2) jobs per bid round , with a maximum award of three (3) jobs under construction at one time without consent of the PA unless: a. The anticipated date of commencement is after the scheduled and estimated date of completion of current jobs; or b. The contractor has demonstrated, through past performance, his/her ability to satisfactorily complete multiple contracts in a timely manner thereby causing no impact on project and program completions. This rule may be waived by the County Commission if it is determined that there is an inadequate pool of qualified bidders; if the other bids are excessive, or if other extenuating circumstances -arise. prepares Applicant homeowner/C agreements and sets a time to m contractor to execute the docum These agreements at a,minimum 1. Voluntary Participa ions d'Fi 2. Final Income Certificatie 3. Truth in Lending Statem 4. PrograMortgage/DPL 5. Rehabilitation Agreemei 6. Notice'to,Proceed. 7. Notice f._Cbmmenceme ourity and Applicant hor eet with the Applican�hc ent!�and mark" the start o sl`buid,consist'of the fol 10 avit. roval. or approved staff ieowner/contractor neowner and construction. j 9. --Temporary Relocation Stat m `\(where applicable). 10. Three (3) Day Recession Notification. ferred Payment,Loan (DPLS) The'CDBG and DRI"P,ro,grams,provide financing for eligible activities to income qualified.Applicant homeowners in the form of zero -interest Deferred Payment Loans (DPLs)\(mortgage), the amount of which shall include the accepted bid amount for rehabil tation'plus a contingency reserve. In the case of DRI, this can also include acquisition or purchase assistance. 1. Deferred Payment Loans (DPL) a. Deferred Payment Loans (DPLs) are zero -interest loans with deferred payments that become grants when and if all criteria are met by the Applicant. The DPL is provided to a) homeowners who are unable or unlikely to obtain conventional financing due to their income limits, or b) to assist disaster affected homebuyers in purchasing a home under DRI. 114 b. DPL financing is also used in the CDBG and DRI categories to provide assistance with housing rehabilitation and/or replacement of owner occupied, eligible units. The Deferred Payment Loan (DPL) involves a security instrument (lien) requiring repayment of the loan if the homeowner sells or transfers ownership of the rehabilitated home, ceases to use it as his/her primary residence within the date specified in the terms of the DPL, or fails to maintain reasonable required standards of care and maintenance. During the specified lien period the principal is "forgiven' or subtracted from the principal balance in equal annual amounts for CDBG and DRI rehabilitation loans, so that at the end of the specified term of owner occupancy (by at least one of the Applicants if owned jointly), the loan is fully amortized. There is no interest charged during this specified term agreement. /"\% c. In the event that the sole owner die`s,or both/all'owners die within the specified loan period, repayment of4he loan will not be required and the DPL is forgiven (i.e. it becomes fully amortized up n1he death of the final owner). d. The assistance provided to each Applicant; at the time­gf closing, will be in the form of either a „primary or secondary mortgage. The�mortgage will be recorded in the Public Records of the County. The County`will monitor possible triggers of the'\D.PL'repayment with annual title verification with online County services through'the Cler\k\of�Court and Appraisers offices and through visits to theya�ssisted,units. e. The primary through-visits is a -Deferred Payment Loan (DPL) at zeroAterest and ib' forgiven after 10 years Except for Demo/Replacement, those,Deferred Payment Loans at zero interest are forgiven after 20 years. TE: �W�ith`re'g8rd to Derno/Replacement (new construction housing), DPL's st maintain long-term Affordability for the 20 year lien period. f.\If\repayment of a, DPL becomes due, the (prorated for CDBG and DRI) principal balancewill be due in full within thirty (30) days of the sale/transfer ofJownership or the owner's cessation of primary residence at the prbperty.,lf the owner is unable to make such payment, the County Commission may, at their discretion, and with FDEO approval, allow repaymentXof"the DPL over a term not -to -exceed fifteen (15) years, at a yield of not more than one percent (1 %) interest per annum, and/or allow transfer or sale of the unit to another income qualified household for the remainder of the lien period. g. Homeowners whose household incomes do not exceed the HUD Section 8 low -to -moderate income limit will receive a Deferred Payment Loan for one hundred percent (100%) of the cost of rehabilitation. 1144 h. The maximum DPL for the regular CDBG and DRI categories for an owner -occupied single family dwelling for repairs or replacement is eighty thousand dollars_�$80,0001. i. If rehabilitation costs require more than maximum allowed DPL in the aforementioned categories and the owner is unable to finance the additional cost, the dwelling unit may be disqualified by the HRS unless matched, leveraged, or other alternative funding is available. If the HRS considers it appropriate and in the best interest of the program, CDBG funds may be used in lieu of alternative funding only upon 1) availability of CDBG construction funds and 2) the approval of the County Commission of a waiver of the maximum DPL. , j. As a general policy, a contingency amount.of approximately five percent (5%) shall be placed on reserve for change orders. Exceptions may be made to this rule if the owner provides,a firm,�ommitment in writing to pay for all required changes exceeding,the authorize&loan limit, or if the PA determines that the situ ation/oes not require a contingency fund. J. Rehabilitation and Replace All rehabilitation and replacement const`ruction`work shall include�and address Section 8 Minimum Housing Quality Standards (Section 8 HQS), the current Florida Residential Build ing,Code and relevant local codes (whichever is most stringent for each code-relatb&item).. When replacing older prdducts and.applia ces-the following "green" standards will be implemented for,all,homes rehabilitated, including new home 1 construction �`to)nclude: �, \ Green -Standards ,1! Refrigerators that-,are'replaed o cr,inStalled shall be Energy Star rated; 2. Gas water�heaters tht,are replbced,or installed shall be Energy Star rated; `3. All exterior doors and windows that are replaced or installed shall be Energy \Starrated; �\ 4. AIIJighting fixtures, and ceiling fans that are replaced or installed shall be Energy Star rated;; Additional `st� rds'for-all homes 1. Weatherization of all homes rehabilitated 2. At a minimum, weatherization shall include attic insulation, and if appropriate, floor insulation, as well as sealing all exterior walls. 3. HVAC units that are replaced or installed shall be Energy Star rated and have a SEER rating of at least 14. 4. Where feasible and cost effective as determined by the PA/HRS, all rehabilitation and new construction work, major or otherwise, shall include the installation of water -efficient toilets, showers, and faucets. 11d K. Structural Requirements For all CDBG programs, in addition to household eligibility requirements for rehabilitation, the dwelling must: 1. Meet (or through feasible repairs meet) Section 8 Minimum HQS and, 2. Be feasible for rehabilitation. In order for a house to be considered feasible for rehabilitation, proposed construction must: a. Correct all violations of the local housing code, the current Florida Building Code and Section 8 Housing Quality Standards; b. Provide interim controls or abatement for lead-based paint hazards as required by HUD and EPA for structures,const'ructed prior to 1978 that will be assisted by the program. All houses built prior to 1978 will be tested for lead-based paint. If lead-based paint is.founc,, interim control procedures will be used for all houses rehabilitated at or blow twenty-five thousand dollars ($25,000). Houses rehabilitated at a cost above twenty-five thousand ($25,000) will be rehabilitated using abatement procedures. Any occupants will be notified in writing of the hazards of lead-based paint, the symptoms and treatment of lead poisoning how to avoid poisoning, lead level screening requirements and''appropriate abatement'procedures;(also see Lead Base Paint procedures) c. Meet applicable local zoning requirementS\.as well as local, State and Federal housing code requirements for rehabilitation work; d. Leave at least twenty percent (20,1/o) -of the original structure based upon the formula provided in this section; Z� e. Not exceed the program costsFnoted in this HAP; f. Be ma easonably access'ibleo handicapped/elderly occupants, when the unit isXoccupiedby such; g: —N`ew-consteuction or substantial improvement of any residential building (or-manufactured�home)`located within the one hundred (100) year flood plain shall have the lowest floor,ihcluding any basement, elevated no \lower than,one (1)`foot above the base flood elevation (or per local code). �_ Should solid�foundatibn perimeter walls be used to elevate a structure, \ penings sufficient to facilitate the unimpeded movements of flood waters shall`be provided; h. The\HRS will determine if any special surveys or studies are needed and may roquireany surveys or environmental assessments (with funds available),to determine feasibility of a unit. The County designee and PA shall approve such special studies or surveys before being ordered. If the recommended studies or surveys are cost infeasible, the unit may be denied at the County's discretion, or the Applicant may pay the cost of such studies or surveys the HRS recommends; i. Provide interim controls or abatement for asbestos hazards as required by HUD, the State and EPA that will be assisted by the program. 3. For regular category CDBG and DRI. Be suitable for redevelopment or replacement housing units in cases where rehabilitation is not feasible and sufficient funds (CDBG and DRI) are available for the completion of a new or replacement housing unit that meets all of the above and all other criteria in this HAP. Redevelopment and replacement units must meet all of these requirements to be eligible. L. Structural Integrity M. For all CDBG programs, rehabilitation requires that at least twenty percent (20%) (CDBG and DRI) of the original structure remain after construction, based upon the following formula. Three (3) major components of the house are considered, with each component weighted to total one hundred percent (100%) of the structural value of the house. These components and ratios are: roof - twenty percent (20%), exterior walls - sixty percent (60%), and flooring system - twenty percent (20%). As an illustration, assume fifty percent (.50%)fof the,roof must be replaced, fifty percent (50%) of the walls must be replaced and twenty five percent (25 %) of the flooring system (including framing)rriust be replace&fhe factors are then ratioed based on the 20/60/20 formula�\so that fifty percent,(,50%) replacement of the roof is equal to replacing ten percent (.10%) of the structure, fifty percent (50%) replacement of the exterior walls equals thirty percent 1(30%replacement of the structure, and twenty-fi e,(25 %) replacement of the flooring -system equals five percent (5%) replacemiehlt of the`tructure:�Thus, replacement equals ten percent (10%), plus thirty percent (30%);,plus five percent (5%), or a total of forty-five (45%) of -the structure. This leaves -fifty-five percent (55%) of the original structure, indicating t ah t the structure isffeasible for rehabilitation. This calculationn\will be performed by th6HRS. Should significant deterioration occur between application approval and\the time the unit is scheduled for rehabilitation, the�unit­will be_ a ev`uatedor continued eligibility and a decision made -by -the HRS whether to repl.ace,it with an alternate unit in accordance with current FDEO,contract`reauirements._ Pertaininig to the CDBG\and DRI categories, as an additional means of guarding against program penalties for substantial reconstruction of a dwelling, the following coshmits are applicable to all rehabilitation areas. These limits are above the allowable�CDBG financing limits, and assume requirements for owner contributions or`leveraging with other funding sources. The limits may be exceeded for rehabilitation/replacement costs when alternative funds are available for leveraging, but must be specifically approved by the County Commission or PA as exceeding the described limits. 1. $80,000 per single family detached house (CDBG and DRI) 2. $50,000 per unit of a duplex, Townhome, or Condominium unit (DRI) 3. $20,000 per mobile home unit built after Jan. 1, 1997( DRI) 114 In addition, for the CDBG and DRI categories, the cost of rehabilitation and improvements may not exceed the after -rehabilitation value of the dwelling. In the absence of conflicting information, the mobile home DRI cost limits shall be assumed to meet this requirement. For site -built dwellings, the total cost of rehabilitation (plus other improvements, if any) may not exceed eighty dollars ($80) per square foot of dwelling space, excluding septic tank, well, or water/sewer hook-ups, which is less than the cost of new construction and will be assumed to meet the cost/value limit. N. Clearance Requirements are identified by the HRS and are -Included in the replacement unit bid package. In this way, the same Contractor is responsible for site cleanup and preparation as for provision of the replacement uni�Disposal of debris and associated activities are also included if/this method i�utilized. When demolition or clearance is conducted separately,,fbid,packages are prepared with procedures following those identified for rehabilitation in�this manual. O. Rehabilitation /Demolition Differences , �� A major difference between -assistance provided to demolish /replace an entire unit and rehabilitation work is that, with ademo,/replace unit, the DPL issued is not for the full value of the replacement unit (owner occupied). (With rehabilitation, the DPL is issued,for-the full valu`eof the rehab work performed.) The value of the DRL is basedw n a calculation that -takes the difference between the assessed/value-of the original unit (real property no6ncluded) and the actual cost of the new. unit (without real property). The -difference is the value of the DPL. This is'hecause the dilapidated unit that was demolished belonged to the Applicant homeowner and is -being replaced on a one-for-one basis. Ownership of the replacementhunitis ves ed -directly to the homeowner with no interest on the part of -the local government••( e�bepSfor the DPL). Generally, the local ,government will accept,interim ownership of mobile homes to save program costs (taxes) with.,transfer-to the homeowner as soon as possible, upon satisfaction of the DPL. 1. No partial payment, is' provided for modular replacement units, as the time frame to,complete%the transaction is relatively brief. The Contractor is paid in full upon satisfactory'completion of work and providing of warranties. Partial payments are,utilized for site built homes along the same lines as for rehabilitation work. 2. Program disbursements are made from the local CDBG operating account. As a result, attention must be paid to the ordering and receipt of funds, to ensure that disbursements are made in a timely manner and that the CDBG/DRI limitation for cash on hand is not violated. lis P. 3. Rehabilitation cost feasibility limits are based on number of bedrooms to be provided for site built homes. These limits may not be exceeded without approval from the County Commission are: a. four or more bedrooms - $80,000 CDBG/DRI b. three bedrooms - $70,000 CDBG/DRI c. two bedrooms - $60,000 In the case of all loans, the County will take into consideration grant and contracted requirements for the number of housing units contracted to assist and the amount of available CDBG funds. % /' In the case of replacement of existing SF/ will be based upon the acceptable bid pric comparable size. If the existing homeAs it Z 11 home will be sized to include the appropri 8 and/or local housing code requirements assistance be greater than those limits lisi County Commission or itsPA. Necessary CDBG approve( disposal, and clearance, wi replacement. mobile/manufactured homes, the limit e,of a replacement home of adequately,sized, the replacement ate bedroomsneeded to meet Section for occupancy. In,no case will the total ed above,, unless ap.proyed by the nerits, including water supply, sewage ided along�Wth the actual dwelling The CDBG Housing program provides an allowarice for temporary relocation assistance to qualified persons who need to relocate while the work is being completed -on their,prirnary_residence. The County will either; 1. Assist eligible App cants with ,up to on8`thousand dollars ($1,000.00) of Assistance ($500\ t mov\out and $500`upon return: Award of temporary ' 11 relocation assistance js based,upon the availability of funds. Q. Contractinq and Commencement of Construction The HRS.recommend's the contract amount and contractor to the PA before the DPL and contract are signed. The DPL amount, contract amount, contractor, unit and owner eligibility�re%all approved by the PA. The rehabilitation contract is then executed between the Applicant homeowner(s) and the Contractor. The contract should contain all federal provisions, including but not limited to EEO, Section 3, W/MBE, drug free work place, and insurance statements. The DPL is executed by the PA on behalf of the County simultaneously with the construction contract, with the three (3) day rescission period running simultaneously for both legal agreements. For all units, the DPL and the Notice of Commencement are recorded immediately, no more than three business days of execution. The program pays 110 for recording of the Agreement. The filing of the Notice of Commencement shall be the responsibility of the Contractor. The Notice to Proceed is issued to the contractor as soon as possible after the rescission period elapses. For the CDBG and DRI categories, when temporary relocation of the occupants is required, the Notice -to -Proceed will be delayed until the unit is vacated. The contract time of performance (generally 30 - 45 days for rehabilitation and 90 - 180 days for replacement or redevelopment) begins with issuance of the Notice to Proceed. The HRS shall recommend the appropriate contract period based on the type, size -and complexity of the work. R. Construction Progress Inspections Periodic inspections of the rehabilitation County and the HRS throughout the cor conducted to assure compliance with,t'h and materials, to detect any unauthorizE changes to the contract work in its early construction are performed by the tractppenod. These inspections are contract standards for workmanship d deviations and�to`identify necessary stages. Inspection and approval of- completed wok must be conducted by HRS prior to the contractor receiving, partial or final payment. The Applicant homeowner's acceptance of the work isaIsrequired before,payment is received. No final payments will be issued until :the County.Buildirig Department issues a Certificate of Completion or Certificate of`Occupancy and all�lieri wavers are collected and cleared. '� X S. Change Orders �t � Any additions to, deletions from, or changes in the rehabilitation contract work, time; or price musttfje approved-ini written Change Order before the additional work. is-started�he Change Orde` aybe�executed by the Applicant ohomeowner and contractor,and is approved by the HRS and the PA. All change rders must be approved`by the PA and the HRS. Change orders may also be issued -to correct code\deficiencies, or to obtain any other desired change in the work�\CDBG funds can only be for Change Orders that correct code violations as documented,by the local building department, a bonafide code violation'report, time, or to meet Section 8 HQS found after rehabilitation begins. For CDBG and DRI categories, additional non -code -related changes will be at the Applicant homeowner's expense. T. Payment Contractor payments are to be consistent with local policy, unless otherwise approved by the County and the funding agency as allowable by all applicable regulations. Specific payment policy depends on the program, and the type and amount of assistance being provided and the contract awarded. 1146 There will be NO payments shall not be processed without proper signatures from the owner, the contractor, the HRs, and the PA. Also no payments shall be processed without completed primary and subcontractor lien waivers as applicable to the contract award or as required by the local policy. Contractor Payment request and submissions should at a minimum follow these general guidelines: 1. Contracts of twenty five thousand dollars ($25,000) or less will not be paid until the Contractor has completed the job. 2. Contracts in excess of twenty five thousandfdollars ($25,000) allow a partial payment upon satisfactory completion of sixty percent (60%) (And 100%, see below) of the rehabilitation work (less punch-list'items), with a retainage of twenty percent (20%) of the completed `coritract-amount. 3. Depending on extenuating circumstances and contract balance, a second partial payment may be authorized at the recommendation of the HRS or PA. Construction Completion 'Percentage of Funds,Paid Less than 50% 0 %,` x' 50 % and all permits pulled 50% 100% \ ` 80%\,\ 100% After Certificate of Occupancy is issued `wand all punch list items are completed. Approval of/6 partial payment requires. 1. A determination by th`e HRS and the�PA that the claimed percentage of completion of`the work has been satisfactorily completed. Payment will be /issued_for the amount claimed less retainage depending on the physical ..,progress as long as�the contract -funds remaining are sufficient to complete the work in the event�ofdefault by the Contractor. 2. Payment will be,issued for the amount claimed less retainage depending on tl�e�physical progress as longus the contract funds remaining are sufficient to complete the worktin the event of default by the contractor. 3. Approval of the work by the Applicant homeowner and/or PA. 4. An affidavit fromfthe�Contractor stating that either: a. There are,no claims for unpaid goods and/or services connected with the job a. All laborers, suppliers and subcontractors have received just compensation for their goods, b. Services up to the date of the request (as evidenced by full or partial waiver of lien from subcontractors); or c. A list of all unpaid parties and the amounts owed to each has been submitted with the request. The final payment approval requires: 1211 1. Acceptance of all work by the Applicant homeowner, the HRS and the PA. 2. Submission of all manufacturers' and other warranties (e.g., appliances, roofing, extermination, contractor's warranty covering the entire job for a minimum one (1) year, etc.). 3. Waivers of liens from all subcontractors, all parties who were not paid when the contractor received partial payment, and from any other party supplying notice. 4. A certificate of occupancy or final approval from the Building Department to show compliance of the rehabilitation work with the locally adopted building (and other applicable) code requirements./ 5. Completion of all punch list items and 6. An affidavit from the contractor stating that all,bills have been paid and there are no claims for subcontracted jobs,ormaterials, or any outstanding Notice to Owner.Z / If the Applicant homeowner refuses to authorize payment due to a dispute with the Contractor, the PA may recommend disbursement without the Applicant homeowner's approval if the claim is shown to be without merit or inconsistent with the policies and the goals of the program. Such disbursement shall be issued only after the PA and the HRS have reviewed the facts and circumstances involved in the dispute and have determined that the Applicant homeowner's refusal to issue payment is without just cause. If a person or party feels that his/her complaint has not been sufficiently addressed by the HRS or PA, an appeal may be made to the Citizen's Advisory Task Force (CATF) in accordance with the County's CDBG Citizen Participation Plan. If a response satisfactory to the aggrieved is not issued by the Committee, an appeal may be made to the County Commission. The County Commission has the authority to uphold, rescind or reverse a previous CATF determination. An appeal of the local determination/decision made by the County Commission should be filed with FDEO, as set forth in the County's CDBG Citizen Participation Plan. Sufficient documentation to this effect shall be placed in the Applicant's file. U. Disputes and Contract' Termination Regardind\disputes, a'n&as authorized and outlined in the construction contract, the Homeowner and/or the County have/has the right to stop work and terminate the contract in accordance with approved program policy. The Applicant homeowners shall make themselves available to the Contractor to resolve all and any issues that might facilitate completion. The Homeowner is also requested to notify the HRS and the PA of any complaints to the Contractor so assistance in follow-up can be provided. If the Contractor does not respond to any oral or written complaints within a reasonable time frame and in a satisfactory manner, the HRS will verify the complaint and report it to the PA. If the PA judges the complaint to be valid, he/she will send a written request for service to the Contractor and a copy to the Homeowner. The Contractor will then 122 take action as monitored by the HRS and the PA. Upon receiving notice that the complaint has been satisfied, the HRS will inspect the work and make such note in the case file. Failure to resolve complaints shall be justification for removing a Contractor from participation with the program including but not limited to: 1. Inability or failure to direct the work in a competent and independent manner. 2. Failure to honor warranties. 3. Ineligibility to enter into federally or state assisted contracts as determined by the U.S. Secretary of Labor, HUD, E -Verify or FDEO. 4. Other just cause that would expose the local government, the Program or Homeowner to unacceptable risk. 5. At the Contractor's or Homeowner's request with cause. V. Project Closeout The project award work plan and time line should be monitored on an ongoing basis by the HRS and PA to ensure that the program is on.schedule and is in compliance with the executed fundirig ;agreement,between the local government and the funding agency. All project closeout reports�and documents must be completed and submitted to the correct funding agency on time and�as required. W. Program Compliance andMonitoring When preparing for a -compliance monitoring visit, the HRS and Program ei)lAAdministrator`s and staff"should r\/ plica,and Program files for completeness of documentation. Special attention should be given to ensure that the income eligibility documentation`is mathematically accurate and legible. All files should be orderlyandsystemically organized. All financial information relevant -to -each transaction -should -be easily found, and the files should have copies of invoices and -,proof of payment.'The file should be accessible and a (,comfortable spaceshould be�provide-d-for a thorough review. Copies of all advertisement andcontracts should also be available. The following data will be provided by each housing unit as part of the administrati n�document' tion for each activity providing direct benefit (for example, housing rehabilitation, temporary relocation, hookups, etc.) and summarized by.activity,and maintained in the program files: 1. Name of approved Applicant and address of each housing unit rehabilitated with CDBG funds and the date the construction was completed on the housing unit, and the amount of CDBG funds expended on that housing unit. 2. Whether the household is headed by a female, the number of handicapped persons in the household, the number of elderly persons in the household and VLI or LMI status of the household. 3. The number of occupants in the household, categorized by gender. 4. The racial demographics of the household by number (white, black, Hispanic, Asian/Pacific Islander, Hasidic Jew or American Indian/Alaskan native). DE III. CDBG DRI CATEGORY HOUSING REHABILIATION PROGRAM The goal for the County CDBG Disaster Recovery Initiative (DRI) Housing Program is to provide down payment assistance, rehabilitate or replace existing owner occupied housing units located in the County that sustained damage as a result of federally declared natural disaster(s). A. Housing Rehab or Demo/Replace Activity — Objective To provide a Deferred Payment Loan (DPL) to VLI aria LMI income residents whose homes were damaged by a Federally,Declared Disaster. The purpose of the program is to bring the residences that -sustained damage during a federally declared disaster up to Section 8 Minimum -Property Standards, Florida Residential Building Codes, and the local codes currently,in effect in the County, whichever is most stringent for each/housing unit need~ � B. Housing Rehab or Demo/Replace Act.ivity — Financing The type of assistance which will be availableto eligible residents is, known as a Deferred Payment Loan. A brief,description,of this program is presented below. The DPL is a zero (0) percentlnterest loan provided by the County. The funding for the loan will come from the �County's�CDBG�D.RI-Program. The DPL will be secured by a recorded mortgage�on the.Applicant''s,pro.perty. A DPL will be available for ali approved Applicants contingent-u,pon,ayailable funding. VLI and LMI Applicaritts will qualify for a DPLtwherein the DPL Amount will be forgiven in annual increments as described in the CDBG Program Operational Procedures section of this�document C. Housing -Rehab or`Demo/Repl ca a Acti,v ty —Eligibility i 1'. Only thosmobile home'propertie is hat are conventionally built structures and mobile homes built after January 1997, which are owner -occupied and located within theCounty,"will be considered for participation in the rehabilitation program. No mobile homes built prior to December 31, 1996 will be considered for rehabilitation. 2. Applicantsincomes must fall within the HUD Section 8 Income Limit guidelines as,published by HUD and/or the State of Florida for the region. 3. Priority will be given to Applicants who sustained damage from a federally declared disaster in the following order: a. Participants who responded to the County's advertised request for Applicants whose residences were impacted by the disaster events and who have been qualified and ranked by the County for inclusion in the Disaster Recovery programs, provided the County solicitation for affected Applicants took place after the declared events covered in a federal declaration. 1254 b. If the current list of Applicants does not obligate all of the available funding, then a new solicitation for impacted residents will be published. c. All other Applicant eligibility requirements are described in the CDBG Operational Procedures section of this document. d. Priority will be given to Applicants who sustained damage in a Federally Declared Disaster. e. No geographic distribution of funding shall be considered, except where specified in the State Sub -recipient Agreement. 4. To select Applicants in both the Rehabilitation and Permanent Relocation Activities, the following steps will be taken: f a. The County will utilize the list of potential Applicants developed from previous solicitations (SHIP, HHRP\\FEMA) when available for the Federally Declared Disaster. 2 b. If sufficient clients are not obtained from the previous��solicitations, a display ad will be placed in one or more local newspa^p% s of general circulation advising local citizens of the availability of grant\funds and establishing a convenient time and place for'interested citizens to obtain information and pick up application4forms�Applications will be accepted by the County for a minimum thirty (30) calendar days after the notice is placed. \�` c. Local organizations which normally work with clientele that may qualify for the program shall be contacted. d. Prior/Applicants who have applied for b to did -not receive County CDBG/DRI assistance will be contacted antl'advised of the funding assistance and requested to submit an Application. On ec a-li tt os f'potential Applicants -obta` d, the HRS shall perform initial inspections on,the dwellings to defermneiwhich of the following categories they fall into: D. Fo� entionally ("site') built structures and modular homes: 1. Rel abilitation for these structures is not to exceed eighty thousand dollars ($80,000.00). 2. If the cost,of'correctinig all existing code violations is estimated to exceed eighty thousand dollars ($80,000.00) or, the unit is deemed structurally unsound and not feasible for rehabilitation, the dwelling will be considered for Demolition Replacement, wherein the Applicant homeowner provides the additional funding needed to complete new construction or where additional funds have been appropriated to the program for the specific purpose of demolition/replacement. E. For mobile homes built after 1996 (CDBG DRI only): 1. Rehabilitation for these structures is not to exceed twenty thousand dollars ($20,000.00). �ti 2. Replacement housing - if the cost of correcting all existing code violations exceeds twenty thousand dollars ($20,000.00), or if the mobile home is deemed structurally unsound and not feasible for rehabilitation the dwelling will be considered for demolition replacement, wherein the Applicant homeowner provides the additional funding needed to complete new construction or where additional funds have been appropriated to the program for the specific purpose of demolition/replacement. F. Temporary Relocation: The CDBG/DRI Housing program provides an allowance for temporary relocation assistance to qualified Applicants who need to relocate while the work is being completed on their primary residence. The County will: 1) assist eligible Applicants with up to $1,000.00 of assistance, G. Applicant Requirements:�, 1. Applicants must be income eligible in accordance with UD LMI income requirements. \� 2. Applicants must be able to produce\tear title,ih\order to receive assistance from the CDBG/DRI program. The Countyis not'providing funds,for the entire rehabilitation cost of the home. Other funds or match funds could be utilized. 3. The Applicant must completea-P,,�rchase `Assistance Application. 4. Applicants must sign theCountya Mortgage\and\Promissory note. The County's mortgage (typically�asecond gage,) is forgiven after 5, 10, 15, or 20 years —depending on the" �a`mount-ofa ssistaance received. 5. Total hodsehold income cannot exceed eighty percent (80%) of the Area Median 1=(AMI). Please see HUD income'guidelines. 6. Applicant must be able to verify�andidocument all income and assets of household members above eighteen (,18) years of age residing in the housing unit: -_ �`� Applicanfs are processed and served on a 'first come, first qualified, first served basis:, \ 1. CDBG funds can be used to pay up to $80,000.00 of the Applicants' required rehabilitation to address code violation corrections. 2. Increase hous ng�stock; remove slum and blight conditions, correct code violations.; 3. Address health -a d safety conditions and concerns. 4. Increase County tax base. 5. Increase homeownership. 6. Assistance with the rehabilitation process. L Eligible Properties: 1. Single -Family Homes. 2. Townhomes, Condominiums units and Duplexes. 3. Mobile Home built after Jan. 1, 1997 (CDBG DRI only). 126 4. Limitations on maximum CDBG rehab costs - $80,000.00. 5. All properties must have an inspection. 6. All properties must have clear title pursuant to HUD definitions. 7. Properties must be appropriately zoned. 8. Not located in flood zones. 9. Life estates are permitted under this program. 10. Property must be owned and not rented or leased. 11. All properties must be located in the unincorporated limits of the County. J. CDBG, DRI rehab and demo/replacement activity financing The type of financing assistance which will be available to eligible Applicant homeowners is known as a Deferred PaymentLoan(DPL). A description of this program is outlined in the CDBG Operational Procedures Section, as well as other places throughout this document�We�have pro summary information as follows: Oo 1. Terms of Assistance: A zero (0) percent interest, deferred pay note. The loan is forgivable -in its entire) is $80,000. Additional information is defi Payment Loans. \ \� There will be a yearly write-down of tlieJoi year. The writefdown-Willbe directtly co`rel The mortgage and note shall provide�for p if the home'is sold, title is transferred or cc Nl primary residence f, thei�Appli�t hoe; t loan"secured by a mortgage and he end of the term.Maximum DPL under Cost Feasibilityand Deferred ,after the end of each applicable full sd'to the amount of the mortgage. •ratedrepayment, which shall be due (eyed; or the home ceases to be the er during the affordability period. To'provide a Ddferr'ed Paymient Loan (DPL) to be utilized as down payment assistae for VLl antl�LMl (gpX �to 80% AM[) Applicants who have been approved to purchase dwelling unit under_the County CDBG/DRI program. The purpose of the program is to provide gap financing to enable very low and low income households purchase affordable standard residential. Priority will be given to a household that lost primary housing residence due to a federally declared disaster or has been unable to obtain decent, safe, standard affordable housing in the area as a result of federally declared disaster. 3. Down Payment Assistance Activity- Eligibility a. Applicants' income must fall within the HUD Section 8 income limit guidelines as published by HUD and/or the State of Florida for the region. b. No member of the governing body, member of the CATF, employee of the County, or relatives of any of these as defined by HUD and Florida Statutes, shall be eligible for program participation unless they are granted 117 a waiver by the Florida Department of Economic Opportunity (FDEO). The prohibition shall continue for one (1) year after an individual's relationship with the County is terminated. c. Priority will be given to Applicants who were forced from their homes because of a federally declared disaster event(s) or are being forced to vacate their existing units due to FEMA temporary living unit evacuation requirements. K. Down Payment Assistance Activity - Construction Process Once an Applicant has been deemed eligible for thedown payment assistance activity he/she shall close on the loan and proceed with the following steps: 1. The Contractor will apply for and obtain/all building permit(s) in the Applicant's name for construction of the residence.ROnce the building permit is obtained the County will provide the HRS with atopy of the -.building permit and all subcontractors' permits for the project, a full set of Plans.and Specifications for the unit the Applicant is receiving and a recorded "Noticeof Commencement" for the dwelling\�� 2. A Pre -Construction conference will be. 'held�between the Applicants, the County and the HRS to review the project in,detail. 3. Prior to closing, the Countyvwilll,provide evidence of executed loan agreements with all other agencies that are providing financing for the construction f the dwelling.um t. 4. The following documents will;be executed simultaneously: An Agreement between, `the:County and the Applicant.w'hich_allows the County to provide down payment assistance to the Applicant in theJorm of a zero interest DPL. The DPL willeused to o buy down the cost of the primary mortgage and eligible_down payment arid-closing`cost. An Agreement executed between icant an°d,the`County_stating'that the Applicant will live in and agree the Appl not to sell the\relocation property .for the duration of the DPL, is required. The 'DPL process-is�described\in more detail in the Housing Finance section of `\ths,document\ \ \',\ L. Down Payment Assistance Activity - Size Of Units Size of units shall befbased upon the following criteria concerning the current permanentApplicant of the existing dwelling (per 24CFR:982.401) 1. No more than two,(2) person of the same sex may occupy the same bedroom. 2. Two (2) persons of the opposite sex may not occupy the same bedroom (excluding husband and wife and very young children). 3. Only the husband, wife, dependent children (including those who are mentally and/or physically handicapped), and family members sixty-two (62) years of age or older and currently residing in the household will be counted in calculating family size and the minimum number of bedrooms and square footage allowance. M. Down Payment Assistance Activity -Down Payment Allowances The approved Applicant of a CDBG/DRI Down Payment Assistance Activity will be eligible for the following Disaster Recovery Initiative Program housing payment assistance, maximum amounts, subject to Application review by the HRS and PA, and subject to financial need on a case by case basis to meet down payment needs and keep the primary mortgage reasonable and within current HUD guidelines for maximum monthly rent/mortgage cost for the household income of the Applicant: Family Size Up to 80% AMI 1 $20,000:00 2 /$25,000:00 3 ,,-\�$3b,000"00 4 / j $35,000.00\ 5 ( / $40,000.00 6 `ti $40,000.00 7 \$40,00'0`00 /-8, \ $40,000.00 \ r The HRS and PA will revi each Applicant's c se and discuss with the primary lender and Applicant the limitations of the.program�The HRS will determine the amount of assistance needed for down payment, closing and buy down of the primary notVor each Applicant's household s ze-and income range. The HRS will recommend the amount to thezPA and County in the best interest of the program. If more funds are needed than allowed to make the Applicant feasible to receive purchase assistance, other.housing purchase assistance funds must be,obta ni ed -to meet �HUD.mortgag `os`sl�mits, or the Applicant will be rejected as infeasibleue to income limitations,and the inability to keep the primary note Within the HUD,guidelines (usually no,m�ore than thirty percent (30%) of gross income for mortgage;insuranc`, taxes and other mortgage costs combined, but whatever is current at the time�Application review will be used as a guide). This Housing Assistance Plan and its Operational Procedures is adopted this day of \ / , 2018 Peter D. O'Bryan, Chairman 129 ATTEST BY: Jeffrey Smith, Clerk Of Circuit Court and Comptroller APPROVED AS TO FORM AND LEGAL SUFFICIENCY William K. DeBraal, Deputy County Attorney 130 APPENDIX A — DEFINITIONS ADA - Americans with Disabilities Act—Provides federal civil rights protection to individuals who are physically or mentally disabled. The ADA prohibits discrimination against the disabled in employment, public services, public accommodations, and telecommunications. Entities that are covered by the ADA must make reasonable accommodation which involves adapting programs, facilities, or work places to allow disabled individuals to participate in the program of services. (HUD's Access to Housing for Persons with Disabilities, (202) 708-3287). Affordability Period - The time period for which rent restrictions or resale restrictions apply to housing that has been assisted by government funding. Affordable Housing - Housing is considered to.be.affordablb if monthly housing cost does not exceed a certain percentage of a family,' 't monthly income. The acceptable percentage is thirty (30) percent of a family's adjusted gross monthly income. Annual (Gross) Income - Total income (ealmetl, unearn-ed and asset income) anticipated to be received by all persons who currently reside or intend,to\reside in a program assisted -unit for the coming twelve (12)�month'period. When determining whether a household is income eligible., local governments, participating jurisdictions and project owners must use one of,the`following three,(3),definitions of annual income: (1) annual income as defined at 24 CFR section 5:609 (except when determining the income of a homeowner for an owner -occupied rehailitation,project, the value of the homeowner's primary residenc�,may be\exclu�ded�from the�calculation of net family assets); or (2) annual income as reportedyunder the Census long -form for the most recent available decennial Census; or (3) adjusted gross income as defined for purposes of -reporting und.er'ln ternal Revenue Service (IRS) Form 1040 series for individual federal annual incometax`DUI poses,\) Assets- Gash orn`-cash item that can be converted to cash. Under most federally and statefunded housing -,programs, the income from an asset, either actual or imputed, is included infamily's totalho,useholdlncome. Blighted structure a struct } re?that has substantial deterioration in which conditions are leading to economic distress or endangerment of life, the sub -recipient jurisdiction agrees by ordinance that the,structure is blighted, and one or more of the following factors are present: 1. Unsanitary or unsafe conditions; 2. Deterioration of site or other improvement; or 3. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness. CATF: The Citizen's Advisory Task Force which the State's sub -recipient must create in order to provide public participation and comply with citizen participation requirements. 1351 CDBG - Community Development Block Grant - The U.S. Department of Housing and Urban Development (HUD) administers two CDBG programs. Under the CDBG Entitlement Program, HUD provides funds directly to urban counties and metropolitan cities based on a population- based formula. The CDBG Small Cities Program, administered by FDEO, Bureau of Community Development, awards grants on a competitive basis to non -entitlement counties, cities, and towns in Florida. Closing - The final procedure in a real estate sale, in which property ownership is transferred in exchange for an agreed upon payment. FDEO — Florida Department of Economic Opportunity -DEO fulfills three major roles in developing and implementing policy in the State of/Florida which are: housing and community development, emergency management; and resource planning and management. DEO's activities are accomplished through th'efollowing: providing technical assistance; planning projects; administering grant programs; reviewing plans, programs and developments; intergovernmental coordination; nd, fostering public/private partnerships. Deed - A legal instrument that transfers property ownership from one partto another. Deferred Payment Loan - Funds provided to a borrower under terms that calls for repayment to be delayed for a certainlength oftime, until certain circumstances change, or a certain threshold is met\ln,housing programs,,. deferred payment loans are often used as an affordabiliymechanism\In home ownership programs the loans often become due when,the.assisted family sells\\the home. -Under rental programs the loans often become due�if 6e�affordability requirements are breached. In most housing programs these loans�haveinterest rate of zero percent; in some communities interest does -accrue. ` Demographic Data- Informatiornabout the,characteristics of human populations, including size, income, a.ge, wealth race, ethniCounty, gender, housing conditions, etc. " `,, Eligible Ho\usehold - An individual, family or group of individuals living together as a unit, determined to be of very low income (30%-50% of AMI), low-income (50% -not to exceed 80% of AMI for participation in the Small Cities CDBG and DRI programs. Fair Housing Act - The F�r.Housing Act makes it illegal to deny housing, refuse to rent, sell, or negotiate, or -offer different terms and considerations because of race, color, religion, sex, national origin, handicap, or familial status. If you suspect violation of the Fair Housing Act or want more information, you may contact the U.S. Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity, 451 7th Street, SW, Washington, D.C. 20410-2000, 1-800-669-9777. Household - Individual, family, or group of individuals living together in a unit. 132 HUD - U.S. Department of Housing and Urban Development - The department within the federal government that is mandated by Congress to create conditions for every family to have decent and affordable housing, to ensure equal housing opportunities for all, and to strengthen and enrich the nation's communities. Offices are located at the national and state levels. HUD Locator for general information: (202)708-1422; Affordable housing information center: (800) 998-9999. The State Coordinators' Office (serves South Florida): Brickell Plaza Federal Building, 909 SE First Avenue, Room 500, Miami, Florida 33131-3028; phone: (305) 536-5678; fax: (305) 536:5765; website: http://www.hud.gov/local/fl/working/miamioffice.cfm. The Jacksonville office (serves North and Central Florida: 401 West Bay Street, Suite 10/1-5., Jacksonville, Florida 32202; (904) 232-2627; fax: (904) 232-3759; web site ;fl/working/jksoffice.cfm. Lien - Recorded claim against a property whereby"the"p.roperty is security for a debt. Under certain circumstances, the holder of the lien is entitled -to have the property sold to satisfy the debt. A lien is an encumbrance /gaihst the property. Low -Income Person or Household - A person or household whose annual (gross) income does not exceed eighty percent (80%), of the Area,Median Income, as determined by HUD, with adjustments for smller and larger families. Median Income - A determination mthrough statistcal methods establishing a middle point for determining income limits, :Median is the amount that divides the distribution into two equal groups: one group'having income above the median and the other group having income below the median. Mortgage - A temporary and conditional pledge of property to a creditor as security for the repayment of a debt�The borrower (mortgagor) retains possession and use of the property. Reconstruction - Rebuilding`of a structure;`u_sually on the same foundation as the existing,�using which~will`be d�`emolished. Rehabilitation -The alteration, improvement or modification of an existing structure. Section 504 - Sect on of the)Handicapped Accessibility/Architectural Barriers Act that Requires all public buildings to -be designed, constructed, or renovated to provide. access for physically handicapped persons. Very Low -Low -Income Person or Household - A person or household whose annual (gross) income does not exceed fifty percent (50%) of the area median income, as determined by HUD, with adjustments for smaller and larger families. 130 APPENDIX A — RESOURCES Income Verification Resources: https://www.hudexchanse.info/incomecaIculator/ Link to HUD and HOME Sample Income Verification and Contract documents: hgps://www.hudexchanize.info/resources/ HUD income limits;\ httos://www.hudexcl C� Section 3 and W/MBE Resources: State of Florida W/MBE directory: 1354 APPENDIX B - Point Values to be Used in Ranking Applicants Priority and point value will be based on the following table: Priority Point Value Disabled and/or Handicapped Head of Household 10 Very Low Income Households (50% or less of the household income county's median 10 Elderly Head of Household over 62 years of age) 10 Low Income Households (between 51-80% of the household income county"sl median 5 Families with Handicapped Dependents 5 Large Families five or more) 5 Small Families four or less) 3 Families with Elderly Dependents \ 3 FAComi HAP - Redlined.doc 13M RESOLUTION NO. 2018 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR, OR IN HIS ABSENCE, A DESIGNEE OF THE COMMUNITY DEVELOPMENT DIRECTOR TO MAKE APPLICATION TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO) FOR A HOUSING REHABILITATION SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FOR FEDERAL FISCAL YEAR (FFY) 2017 AND AUTHORIZE THE USE OF LOCAL STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) FUNDS AS CDBG LEVERAGE, PROVIDING AN EFFECTIVE DATE, AND FOR OTHER RELATED PURPOSES. WHEREAS, there are several housing units within Indian River County that are deteriorated and are in need of being rehabilitated. WHEREAS, it is the desire of the Indian River County Board of County Commissioners to submit an application to the Florida Department of Economic Opportunity for a Small Cities Community Development Block Grant in the Housing Rehabilitation Category. to rehabilitate deteriorated housing within the unincorporated areas of the County and benefit persons of low and moderate income. WHEREAS, the proposed Community Development Block Grant (CDBG) application is consistent with the Indian River County Comprehensive Plan; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY; that SECTION 1. The CDBG program is declared to be a workable program for providing rehabilitation to deteriorated housing to benefit low to moderate income households within the unincorporated areas of Indian River County as indicated in the proposed FFY 2017 CDBG application. SECTION 2. The. Board of County Commissioners hereby authorizes the Chairman, or the Community Development Director in the Chairman's absence, to execute Attachment 4 1136 RESOLUTION NO. 2018 - all necessary certifications for the Community Development Block Grant application to be submitted on or before August 13, 2018. SECTION 3. The Board of County Commissioners directs the Community Development Director, or in his absence a designee of the Community Development Director, to make minor corrections to and execute and submit the FFY 2017 CDBG application to the Florida Department of Economic Opportunity for State approval. SECTION 4. The Board of County Commissioners authorizes and directs the Community Development Director, or .in his absence a .designee of the Community Development Director, to submit additional information in a timely manner as may be required by the Florida Department of Economic Opportunity, award agreement, or other State or Federal request related to said application and award agreement. SECTION 5. The Board of County Commissioners authorizes the Community Development Director, or in his absence a designee of the Community Development Director, to sign any subsequent forms or documents as needed for the CDBG application and project. SECTION 6. The Board of County Commissioners does hereby commit to spend $50,000.00 in SHIP Funding on CDBG eligible activities identified in Indian River County FFY 2017 CDBG application as local government leverage in accordance with the applicable rules and guidelines as set forth by the DEO, subject to grant award. SECTION 7. Subject to grant award, the Board of County Commissioners does hereby commit to expend all local government leverage between the time of site visit and the time of administrative close-out for said grant, in accordance with applicable rules and guidelines as set forth by the DEO. SECTION 8. The Indian River County Comprehensive Plan is hereby adopted as the County's Community Development Plan. 2137 RESOLUTION NO. 2018 - SECTION 9. This Resolution shall take effect immediately upon its passage. The foregoing resolution was offered by Commissioner and seconded by Commissioner I, and being put to vote, the vote was as follows: Peter D. O'Bryan, Chairman Bob Solari, Vice Chairman Joseph E. Flescher, Commissioner Timothy Zorc, Commissioner Susan Adams, Commissioner The Chairman thereupon declared the resolution duly passed and adopted this 10th day of July, 2018. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Peter D. O'Bryan, Chairman ATTEST BY: Jeffrey Smith, Clerk Of Circuit Court and Comptroller APPROVED AS TO FORM AND LEGAL SUFFICIENCY William K. DeBraal, Deputy County Attorney F:\Community Development\CD13G\2017-18 CDBG\APPLICATION\kesolutions\RESOLUTION TO SUBMIT CDBG APPLICATION - 2017-18.doc 3138 GRANT NAME: Community Development Block Grant GRANT # AMOUNT OF GRANT: $750,000 ($615,500 towards project, $112,500 towards grant administration) DEPARTMENT RECEIVING GRANT: Community Development Department CONTACT PERSON: Bill Schutt TELEPHONE: 226 - 1243 1. How long is the grant for? 2 years Starting Date: October 2018 (estimated) 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? __X_Yes No If yes, does the grant allow the match to be In -Kind services? Yes X No 4. Percentage of match to grant 0% required (6.66% for max. points in competitive jzrant) 5. Grant match amount required $50,000 (max. required for max. points in competitive grant) 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? State Housing Initiatives Partnership program 7. Does the grant cover capital costs or start-up costs? X Yes No If no, how much do you think will be needed in capital costs or start-up costs: $ (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes, please list. (If additional space is needed, please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching $ TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? $N/A Signature of Preparer: Date: Attachment 5 Grant Amount Other Match Costs Not Covered Match Total First Year $ $ $ $ Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ I $ $ Fifth Year $ $ I $ $ Signature of Preparer: Date: Attachment 5 Board. of County Commissioners. July 10, 2018 2nd Public Hearing for FFY 2017 Community Development Block Grant Application Cycle w John PresemMbnbylndian Rt—cmrMycommunity Devebpmmt& q� Guardian communM Resource Management, Inc. v7ll Housing Assistance Plan 1., -Sets the county's CDBG housing rehabilitation policies. 2. Identifles how owner occupled housing (inns will be chosen for rehabgkatlon.. - 3. Establishes eligibility criteria for the units and the owners. 4. Establishes guidelines for determining when a housing unit Is not feasible for rehabilitation. S. Provides for CDBG rehabilitation funds to be granted to housing unit owners as deferred payment loans that w81 be forgiven In ten (10) years. 6. Establishes procedures for reviewing applications, bidding work, contracting for rehabilitation activities, inspecting completed work, processing change orders, making payments, and undertaking other activities. 7. Provides Information regarding conflict of interest, and . 8. Sets a procedure for appeal of any decisions made through the CDBG rehabilitation process. . ' .. . Indian River County 2017 CDBG=HR Scope of Work. 1. The service area for the project'will be the unincorporated areas of Indian River County 2. Funds will be used to rehabilitate/repair.owneroccupied deteriorated homes of LMI families 3. A. minimum of 11 (LMI) housing units are proposed to be addressed of Which no less than three (3) will below income (LI) households and no less than two (2) will be classified as very low income (VLI) households 7/5/2018 Indian River County 2017 CDBG-HR Proiect Process to date 1. CATF meeting—lune 8, 2018: discussed community needs and made recommendations to the -BCC 2. First Public Hearing —lune 11, 2018: BCC recommended development of a housing application, and if a suitable business partner is found, an economic development application 3. -Housing application drafted 4. Second Public Hearing —July 10, 2018: Review the draft application, allow public input and consider resolution to authorize signatures and leverage of SHIP funds Indian River County CDBG-HR Benefit and Score = Housing Rehabilitation - Benefit and Scoring 1. Public Benefit Standards = improve housing conditions for low and moderate income (LMI) persons 2. National Obiective = Benefiting low and moderate income households and preventing or eliminating slums or blight (all units must be LMI) 3. Green Rehabilitation Standards 4., Must have CDBG compliant Housing Assistance Plan S. Leverage of $50,000 Local SHIP funds for points Indian River County 2017 CDBG-HR Proposed Budget Activity 'CDBG . Leverage . Total' Housing Rehabilitation $615,500 $50,000 $665,500 Temporary Relocation $22,000 $0,$22,000 Administration $112,500. $0 '$112,506 Total $750,000 $50,000 (SHIP) $800,000 Indian River County 2017 CDBG-HR Proiect Timeline 1. June 28, 2018 FFY 2017 Cycle Opening SIJ .2. August 13, 2018 FFV 2017 Due Date . 3. September'— October 2018 Estimated Site Visit 4. October— November 2018 Estimated Awards 5. November 2018 Estimated Fully Executed Award . 6. February 269 Estimated Release of funds 7. April — May 2019 Estimated -intake Applications S. July = September 2019 Estimated Bids and Rehabilitations Recommendation Staff recommends that the Board of County Commissioners: 1. Open the public hearing and obtain public input on the application. 2. Approve the proposed application and attached resolution authorizing the Chairman, or the Community Development Director _ In the Chairman's absence, to execute all necessary certifications for the COSG application. 3. Authorize the Community Development Director, to make minor corrections to, execute, and submit the application to the Florida DEO for their consideration. 7/5/2018 Recommendation Continued 4.- Authorhe'the Community Development Director, to submit any additional Information and sign subsequent forms as needed for the DEO, grant application, agreement, or related state or federal request. S. Commit to spend, as local'leverage for the CDBG, $50,000 in County SHIP funding on CDBG eligible activities identified in the CDBG application in the time period required by the CDBG program. 6: Approve the attached CDBG Housing Assistance Plan for Indian River County FiY.2018 — 2022, authorize the Community Development Director to make any needed minor modifications, and authorize the Chairman to sign the plan. 2 Treasure Coast Newspapers I TCPALm Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, Natalie Zollar, who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer Ad Number Coovline PO # 463755 - INDIAN RIVER COUNTY PLANNING 2051669 Indian River County, Florida Communi Pub Dates July 1, 2018 Sworn to and subscribed before me this day of, July 02, 2018, by 4d,C who is Natalie Zoll r (X) personally known to me or ( ) who has produced Karol Kangas Notary Public as identification. Kl-'n - I N - 5 ,M *': KAROLEKANGAS Notary Fvblk-State ofFlorlda oi Commission t GG 126041 ? �,' MyComm.ExplresJul29,2021 bonded llemgh N+UmW Notmy Assn as identification. Kl-'n - I N - 5 Indian River County, Florida Community Development Block Grant Second Public Hearing Notice Indian River County plans to apply to the Florida Depart- ment of Economic Opportuni- ty (DEO) for a FFY 2017 Small Cities Community Devel- opment Block Grant (CDBG) of $750,000 in the Housing Rehabilitation Category. The activities, dollar amounts and estimated percentage benefit to Low and Moderate Income (LMI) persons are as follows: Activity No.: 14A Activity Name: Housing Rehabilitation/Demolition/ Replacement CDBG Funding: $615,500 LMI Benefit: 100% Local Leverage: $50,000 Quantity: 11 Units Activity No.: 08 Activity Name: Temporary Relocation CDBG Funding: $22,000 LMI Benefit: 100% LocalLeverage:$0 Quantity: 11 Units Activity No.: 21A Activity Name: Administration CDBG Funding: $112,500 LMI Benefit: N/A Local Leverage: $0 Quantity: N/A TOTAL PROJECT: CDBG Funding: $750,000 LMI Benefit: 100% Local Leverage: $50,000 Quantity: 11 Units The County will provide hous- ing rehabilitation to serve at least eleven (11) homes of very low, low, and moderate income households within the unincorporated area of Indian River County. Indian River County does not expect that anyone will be displaced as a result of CDBG-funded activities. If any persons are displaced as a result of the planned activi- ties, Indian River County will assist them as described in the County's anti -displacement and relocation policy, which is available for review at the Indian River County Commu- nity Development Department located at 1801 27th Street, Vero Beach, Florida 32960. A public hearing toprovide cit- izens an opportunity to com- ment on the application will be held in the County Commis- sion Chambers at the Indian River County Administration Building A, located at 1801 27th Street, Vero Beach, Flor- ida 32960 on Tuesday, July 10, 2018 at 9:00 a.m., or as soon thereafter as possible.A draft copy of the application will be available for review at the County Community Develop- ment Department located at 1801 27th Street, Vero Beach, Florida 32960 by noon on July 5, 2018. Persons wanting to submit written comments on the application should send them to Bill Schutt, Senior Economic Development Plan- ner, by e-mail at bschutt@ ircgov.com or by mail to 1801 27th Street, Vero Beach, Flor- ida 32960 no later than July 17, 2018. A final copy of the application will be made avail- able for review during normal business hours at the Indi- an River County Community Development Department no later than August 6, 2018. The application will be submitted to DEO on or before August 13, 2018. To obtain addition- al information concerning the application and the public hearing, contact Bill Schutt, Senior Economic Development Planner at (772) 226-1243 or by e-mail at bschutt@ircgov. com. The public hearing is being conducted in a handicapped accessible location. Pursu- ant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in the hearing is asked to advise the County at least five (5) calendar days before the hearing by contact- ing the County's Americans with Disabilities Act Coordina- tor at (772) 226-1223. Hearing or speech impaired persons, please contact the County using the Florida Relay Ser- vice, 1(800) 955-8771 (TDD) or 1(800) 955-8770 (Voice). Any non-English speaking person wishing to attend the public hearing should contact the County General Services Department at (772) 226-1223 at least five days prior to the hearing and an interpreter will be provided. Indian River County Board of County Commission- ers By: -s- Peter D. O'Bryan, Chair- man Fair Housing/Disability Access Jurisdiction and Equal Oppor- tunity Employer Pub: July 1, 2018 TCN 2051669 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney PUBLIC NOTICE ITEMS: 7/10/18 Ofce Of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold - County Attorney DATE: June 28, 2018 ATTORNEY RE: Public Notice of Public Hearing Scheduled for July 17, 2018 to Consider an Ordinance Authorizing a Temporary Moratorium for 180 Days or Until a Comprehensive Review of the Impact on the County's Ecosystem is Completed with Regard to Land Application Activities of Class B Biosolids - LEGISLATIVE The Board of County Commissioners will hold a Public Hearing on Tuesday, July 17, 2018, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider adoption of a proposed ordinance entitled: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING A TEMPORARY MORATORIUM FOR 180 DAYS, OR UNTIL A COMPREHENSIVE REVIEW OF THE IMPACT ON THE COUNTY'S ECOSYSTEM IS COMPLETED, WITHIN THE UNINCORPORATED AREAS OF INDIAN RIVER COUNTY PROHIBITING LAND APPLICATION ACTIVITIES OF CLASS B BIOSOLIDS; PROVIDING FOR STUDY AND POSSIBLE REGULATION OF CLASS B BIOSOLIDS APPLICATION ACTIVITIES; PROVIDING FOR EXHAUSTION OF ADMINISTRATIVE REMEDIES; AND PROVIDING FOR CODIFICATION, SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE. /nhm 140 INDIAN RIVER COUNTY, FLORIDA INTER - OFFICE MEMORANDUM TO: Jason E. Brown County Administrator THROUGH: Stan Boling, AICP Community Development Director FROM: Roland M. DeBlois, AICP Chief, Environmental Planning & Code Enforcement DATE: June 25, 2018 RE: Board Consideration of St. Christopher's Harbor Homeowner's Association, Inc.'s Overdue Cost -Share Payment for the Head Island Channel Restoration Project It is requested that the Board of County Commissioners formally consider the following information at its regular meeting of July 10, 2018. DESCRIPTION AND CONDITIONS Head Island (the County -owned Green Salt Marsh Conservation Area) is located in the Indian River Lagoon, west of St. Christopher Harbor Subdivision (see map, Attachment 1 to this report). In 2010, the Board of County Commissioners conceptually approved a proposal initiated by the St. Christopher's Harbor Homeowner's Association (SCHHA) to restore a natural channel at the island by removing a "land bridge" on County—owned conservation property and provide navigable passage to the north for area boaters, including boaters from the adjacent subdivision. Due to a number of public benefits associated with the proposal, in 2014 the County and the Florida Inland Navigation District (FIND) became partners with the SCHHA in the project. Public benefits identified at that time included establishment of a shorter route for boater traffic, resulting in less boater impact to lagoon. resources (seagrasses); improvement to water circulation; and eradication of nuisance exotic vegetation from public conservation land. Over the course of the project proposal and eventual implementation, on more than one occasion the SCHHA requested and the County agreed to share more responsibility for the project which culminated in a 2016 agreement described below. In initiating the project, the SCHHA.expended an estimated $38,000 for design of the land bridge removal and for Florida Department of Environmental Protection (FDEP) and Army Corps of Engineers (ACOE) permits for the work. On December 15, 2015, the Board approved an "Agreement for Dredging and Improvement of Green Salt Marsh Conservation Area (a.k.a. Head Island)" with the SCHHA. Under that agreement, the County paid for the $159,770.41 construction project including its $88,509.70 share and the SCHHA committed to paying its share of $45,884.71 for the land bridge removal construction project, beyond the estimated $38,000 that the SCHHA had already paid in design and obtaining permits. The Agreement (Attachment 2 to this report) provided that SCHHA payment of the $45, 884.71 to the County was due 12 months from the date of the SCHHA's execution of the Agreement. The SCHHA executed the Agreement on March 29, 2016, after county staff verified to the SCHHA that the FDEP and ACOE had accepted the work as completed. 141 In March 2017, one year after the SCHHA executed the Agreement, staff notified the SCHHA that the $45,884.71 cost -share payment was due. Rather than submit the $45,884.71 payment, however, the SCHHA advised staff of SCHHA's position that "the project was not completed to the full extent of the terms and conditions agreed to when the SCHHA entered into the agreement" (see email correspondence, Attachment 3 to this report). The crux of the SCHHA's position is that, beyond the footprint of the removed land bridge where the channel was excavated to a navigable depth, the adjacent channel has not been dredged and remains shallow, impeding boater navigation for boats that require a deeper draft, especially during low tide. A "whereas" clause in the Agreement provides that "the Association has offered to enter into this written agreement (Agreement) with the County for the dredging and removal of the Land Bridge to restore tidal flow and to restore a navigable channel for boating access east of Head Island to benefit the homeowners in the subdivision" (emphasis added). The SCHHA contends that, since the County did not dredge the channel beyond the footprint of the land bridge removal, the channel remains shallow and thus the County did not "restore a navigable channel for boating access." Since the initial payment request, staff has corresponded with the SCHHA several times and has met with SCHHA representatives and with the SCHHA's attorneys to discuss the matter. In a June 2017 meeting, SCHHA representatives indicated they would look into the costs and permitting to maintenance dredge a portion of the channel beyond the area of the land bridge removal, under the premise that county staff might support escrow of a portion of received payment from the SCHHA (e.g., $10,000) that the SCHHA could potentially use for that purpose. In researching the cost of such work, however, the SCHHA was not able to find a contractor that would do channel maintenance dredging within a $10,000 price range. In an effort to settle the matter, in February 2018 the SCHHA transmitted a $30,000 check to the County to serve as full payment ($15,884.71 less than the $45,884.71 amount indicated in the Agreement) based on the SCHHA's position that the channel has not been restored to navigable access. The check was not processed by staff due to a disclaimer handwritten on the check that "endorsement of this check acknowledges payment in full" under the Agreement. County staff then obtained information that re- confirmed compliance of the construction project with the project permits obtained by the SCHHA. Any County acceptance of full payment from the SCHHA in an amount less than the $45,884.71 specified in the Agreement is subject to approval by the Board of County Commissioners. Staff is now bringing this matter to the Board for the Board to consider the SCHHA's settlement proposal and to provide direction to staff. ANALYSIS As indicated in the Agreement, the SCHHA committed to pay $45,884.71 towards $159,770.41 in contractor costs for the project, with the remainder of the cost to be paid with FIND grant funds ($25,376.00) and with County use of Florida Boating Improvement Funds ($88,509.70). The work has been completed, the County has received the FIND grant funds and the contractor has been paid by the County. Reimbursement from the SCHHA to the County is still pending. In considering the SCHHA's allegation that the County did not complete the project as it should have under the Agreement, staff reviewed the FDEP and ACOE permits that the SCHHA obtained and the County implemented for completion of the project. As a part of its review, on April 13, 2018 staff obtained water depth sounding information from Scott McGuire, the County's pro bono project engineer, to re -confirm that the land bridge removal location was excavated to a depth as approved in the permits (see Attachment 4). Staff's finding, as evidenced by the soundings and by FDEP's and ACOE's sign -off 142 on the work, was that the land bridge removal was completed in accordance with the design approved under the issued FDEP and ACOE permits. The SCHHA has been advised of staff's findings and does not dispute that the land bridge removal location was excavated to a navigable depth as permitted. Notwithstanding, the SCHHA contends that County committed to "restore a navigable channel for boating access" under a whereas clause in the Agreement, beyond the removed land bridge location and despite .the parameters of the issued permits. While staff acknowledges that the channel adjacent to the removed land bridge is shallow and impedes boater access, particularly for larger boats at low tide, channel dredging (other than the land bridge area) is beyond the scope of the project that was completed as permitted. Staff's position is that the County performed all its responsibilities under the Agreement and that the SCHHA owes the County $45,884.71 under the Agreement. Alternatives The County has a number of alternatives in considering in this matter, including: 1. Accept the SCHHA's offer to receive $30,000 from the SCHHA as full payment under the Agreement. 2. Reject the SCHHA's offer and direct staff to initiate legal action against the SCHHA for default in not paying the full $45,884.71 indicated in the Agreement. 3. Advise the SCHHA that the County will agree to hold a portion of the SCHHA's $45,884.71 payment in escrow (e.g., $15,000) for the SCHHA to use towards maintenance dredging of the channel, under the condition that SCHHA be fully responsible for permitting, dredging and maintenance of such work if forthcoming. Staff recognizes that the cost of legal action to recover the full payment of $45,884.71 from the SCHHA may exceed the difference between the SCHHA's payment offer of $30,000 (which offer may be withdrawn if not accepted as settlement) and the amount due. Regarding the alternative of escrowing a portion of the full $45,884.71 amount toward cost of channel dredging that the SCHHA may choose to pursue, the Head Island land bridge removal/channel restoration project dates back to 2010, and the timeframe for future maintenance dredging permitting and construction is indeterminable for escrow duration and finality purposes. Staff understands that the Board may consider in its decision the practical costs and effort in pursuing enforcement of the SCHHA's full compliance with the Agreement. Nonetheless, staff supports Alternative 2. RECOMMENDATION Staff recommends that the Board reject the SCHHA's offer of $30,000 as full payment and direct staff to initiate legal action against the SCHHA for default in not paying the full $45,884.71 indicated in the Agreement. ATTACHMENTS 1. Aerial Map of Head Island (Green Salt Marsh Conservation Area). 2. Agreement for Dredging and Improvement. 3. Correspondence between staff and SCHHA representatives. 4. Head Island Sounding Data January 2018 MALAAC\Green Salt Marsh aka Head Island\Head Cove restoration\Head Island St Chris HOA pay staff report for BCC 7-10-18.doc 143 Q V s L m 0�3 L W m IV ca O E N N rn 00 J 0 m w O N N O co r -I O N co O O AGREEMENT FOR DREDGING AND IMPROVEMENT OF GREEN SALT MARSH CONSERVATION AREA (AKA MEAD ISLAND) THIS AGREEMENT is entered into this 15th day of December 12015, by and between Indian River County, a political subdivision of the State of Florida; 1801 271'' Street, Vero Beach, FL 32960 ("County") and St. Christopher's Harbor Homeowner's Association, Inc., a Florida non-profit corporation, 2136 Harbor Lane, Vero Beach, FL 32963 ("Association"). WHEREAS, St. Christopher's Harbor is a 14 lot subdivision located on the west side of State Highway A -1-A abutting the Indian River Lagoon. At the western end of the subdivision lies the Green Salt Marsh Conservation Area, also known as "Head Island," a former 'mosquito impoundment now used as conservation land and is owned by Indian River County; and WHEREAS, there is a narrow strip of land ("Land Bridge") connecting Head Island with the subdivision that was constructed in the mid-1950s for mosquito control access at approximately the time the subdivision was originally constructed; and WHEREAS, the Land Bridge impedes historical flow of tidal flushing between Head Island and St. Christopher's Harbor, resulting in reduced water quality and prevents any boating access in the Lagoon to the north or south between Head Island and St. Christopher's Harbor; and WHEREAS, the Association has offered to enter into this written agreement (Agreement) with the County for the dredging and removal of the Land Bridge to restore tidal flow and to restore a navigable channel for boating access east of Head Island to benefit the homeowners in the subdivision; and WHEREAS, removal of the Land Bridge also benefits the general public by providing more direct boater access to deep water channels in the area, thus reducing potential boating impacts to seagrasses in shallow flats that are in the path of current boater access; and WHEREAS, the restoration project calls for removal of dredged material to a safe upland location and removal of exotic trees (Brazilian Pepper) from the island. The County and the Association, with the help of a grant from the Florida Inland Navigation District (FIND), are to share the cost of the above improvements on Head Island; and WHEREAS, on December 16, 2014, the County entered into a contract with TSI Disaster Recovery, LLC, to perform those tasks; however, after the County approved the contract, regulating agencies advised the County they would not permit placement of dredged material on Head Island as was presumably allowed in the contract, therefore, the contractor removed the exotics only and the contract was mutually terminated; and RVAACA' Agroamw Si(7rdsvp1i 1k,hormGMim,dx Pagel of 145 WHEREAS, the County has rebid the project of removing the Land Bridge and restoring access and tidal flow with off-site removal of dredged material using the Association's private streets ("the Project'') and on August 18, 2015, the County authorized a contract with CO Services, LLC in the amount of $159,770.41 to perform the Project; and WHEREAS, the Association has offered to enter into this Agreement with the County in which FIND grant funds in the amount of $25,376.00 would be used for the Project and the County and the Association will share the remaining cost of the Project with the Association paying $45,884.71 and the County paying $88,509.70; and WHEREAS, the Association has already paid $38,000.00 of their own funds for costs of engineering, permitting and consulting services; and WHEREAS, the County desires to accept the Association's offer, recognizing that the Agreement will result in a public — private cooperative effort which will benefit the Lagoon and the residents of Indian River County, NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. RECITALS. The above recitals are true and correct, and are incorporated herein. 2. BID DOCUMENTS AND CONTRACT WITH CO SERVICES LLC. The bid documents, construction plans and the Contract between the County and CO Services, LLC, in the amount of $159,770.41 to perform the Project are incorporated by reference herein. 3. PAYMENTS TO THE COUNTY BY ASSOCIATION. The Association shall pay and the County shall accept the sum of $45,884.7.1 as the Association's contribution for the project. Since the Association will have to specially assess its members in order to acquire sufficient funds to meet its obligation, payment shall be due twelve (12) months from the date of execution of this Agreement. By entering into this Agreement, the Association affirmatively states that its members, property owners and Board of Directors have approved the expenditure of funds in the amount of $45,884.71, said approval not to be withdrawn without the prior permission of the County. 4. USE OF ASSOCIATION STREETS. The Association shall permit their streets to be used by the contractor during the course of the Project for ingress, egress, mobilization, demobilization and removal of dredged materials. The County or its contractor shall have no duty to repair or replace the Association's streets due to damage sustained as a result of the Project, if any. 5. TERM. The term of this Agreement shall commence upon execution of the Agreement by all parties, and shall terminate 12 months after such date of execution, or upon County receipt of full payment of $45,884.71 from the Association, whichever occurs first. dhVifA(1Grcen$ul�MmsG ukn New/lslnrrcdllraACo�errsruration'Jlradl/�ml Ag.ernunnrSr M1,1oplmr Page 2 of 4 146 6. TERMINATION. The Parties shall have a right to terminate this Agreement if any regulatory authority refuses to issue any permits needed for the Project. Either Party has have the right to terminate this Agreement in the event of default or material breach by the other Ply 7. DEFAULT. Each of the following shall constitute an event of default: (a) the failure by either party to make payments when due; (b) the failure by either party to comply with any other material provision of this Agreement. Upon the occurrence of a default, the non - defaulting party shall be entitled to all remedies in law or in equity, including, without limitation, termination of the Agreement; provided, however, that an event of default shall not be grounds for termination, unless, with respect to the non-payment of payments due, such non-payment continues for seven (7) business days after receipt of written notice demanding payment, and, with respect to the failure to comply with any other material provision of this Agreement, such failure continues for fifteen (15) days after receipt, delivery to the Party of written notice demanding compliance. 8. NOTICE. Any notice required by this Agreement, or which either party may desire to serve upon the other, shall be in writing and shall be deemed served when hand delivered, or when actually received via U.S. Mail, postage prepaid, return receipt requested, as to County: Indian River County Board of County Commissioners Attention: Community Development Director 1801 27th Street Vero Beach, Florida 32960-3365 Association: St. Christopher's Harbor Homeowner's Association, Inc. Attention: Board of Directors 2136 Harbor Lane Vero Beach, FL 32963 The above addresses may be changed by either party by written notice to the other party. A1:11AAC:Crc< V dl kd haA.li-d hA..& -d C. —1-d 111-d 1.4-d Ch,;e prh,, U., Me ndnd,WnJ .da Page .3 of 4 147 IN WITNESS WHEREOF, the County and the Association have caused this Agreement to be executed in their respective names as of the date first set forth above. ATTEST: Jeffrey R. Smith, Clerk of BOARD OF COUNTY COMMISSIONERS Courts, and Comptroller ,..;;NAY COrt';y OF INDIAN RIVER COUNTY ("County") ;Bob Solan, Chairman Deputy Clerk '9ti�;• •'Approved by BCC: December 15, 2015 • �oUtdTY. �4 " Approved: � f io gird ty Administrator Approved as to form and legal sufficiency: . , �/ J,/) William K. DeBraal Deputy County Attorney ST. CHRISTOPHER'S HARBOR HOMEOWNER'S ASSOCIATION, INC. ("Association") By: a,,� Printmame: (1 n64rr4fy1 d AC 3f 2q d Print title: Presiden Signed, sealed and delivered in the presence of: B v: e Print name: 120VPb B Print n e:. (� + KELLY BUCK public State of Florida Notary . My Comm. Expires May 25, 2D16 - k EE 24161.7 s4• Commission r Assn. Barcle3 Th_. h1ough 711�at NDia y M: w0'GM-Snit M—h aka Itrud l,Fa+edlllrad Co.<rerorationVlradWnm! Afirrrmnn. u•Sr Chi stoyirrr ilnrborsrhdi.,nw+dor Page 4 of 4 148 St. Christopher HOA Vero Beach, FL February 1, 2018 Roland M. DeBlois Chief Environmental Planning & Code Enforcement Indian River County 1801 27 Street Vero Beach, FL 32960 Re: Head Island Dredging Agreement/Payment Thanks for meeting with me last week. St. Christopher HOA final payment is due. As per the "Agreement for Dredging and Improvement of Green Salt Marsh Conversation Area (AKA Head Island), dated 12/15/2015; and signed notarized 3/29/16. The HOA's agreed upon contract amount was $45,884.71, upon completion of the agreement's terms. Our agreement with the County clearly states in paragraph 5: "dredging and removal of the land bridge to restore tidal flow and to restore a navigable channel for boating access east of Head Island,.,". As you know, numerous challenges were met with this project. The County's contractor used a truck for land removal of the dredged material. In the end, unfortunately, the "navigable channel for boating access" was not the result. The channel remains ankle deep. The channel access as per our contract/agreement was riot restored. The HOA wishes to resolve the outstanding obligation to the County through an adjusted payment . Enclosed is a check in the amount of $30,000 as full payment under the terms of our dredging agreement. The HOA feels this is a fair settlement of the matter. The HOA requests that the County accept this payment in full satisfaction of all obligations due under the Head Island Dredging Agreement. Please let me know if this is acceptable to the County and that we do have a final resolution of. the Agreement. T. ank you in advChce. <<'Anna Garrarnone Vice President:, St. Christopher HOA 914-924-0841 annag7139gmail.com ATTACHMENT 3 lah S-emt� C� *,L� ctkt elc akl-6�4cd( 'A�Aiwn.* d - , m&A, ry -6 St - 1083431n• 1030 150 a • • . , • - • • From: Roland Deblois Sent: Wednesday, June 13, 2018 4:31 PM To: 'shep6352@ginail.com' Cc: ME; 'prtav@att.net; Anthony Mirti; Eileen Gumpel; Stan Boling; Bill Debraal Subject: FW: Head Island - Agreement for Dredging and Improvement Attachments: St Chris HOA Ltr w 30K paymnt 1-30-18.pdf, Head Island Sounding Drawing 4-12-2018- Layout2.pdf Mr, Sheppard -- I am emailing with regard to the status of St. Christopher Harbor HOA's reimbursement to the County for the Head Island land bridge removal, per the 12/12/15 "Agreement for Dredging and Improvement' between the County and the HOA. On February 1, HOA Vice President Anna Garramone transmitted to me on behalf of the HOA a check in the amount of $30;000 as "full pay" of the HOA's share under the Agreement (see attached). The check was presented noting "endorsement of this check acknowledges payment in full under agreement dated 12-15-15 between Indian River County and St. Christopher Harbor HOA." In that only the Board of County Commissioners can authorize acceptance of ,,'-30,000 as "payment in full" (less than the $45,884.71 indicated in the Agreement), staff has not processed the check. In the interim, county staff -requested that Scott McGuire, who assisted the County with engineering certification for the project, take depth soundings of the dredged area to determine consistency with the issued ACOE and FDEP permits. To 4 -that end, Scott has provided the attached sounding information, which demonstrates that the depths of the dredged area are consistent with the issued permits. Staff is planning to bring this matter to the Board of County Commissioners at its meeting on July 10, 2018, for the Board to consider the HOA's offer of $30,000 as "payment in full." Be advised, however, that due to the findings of the depth Soundings, the Board may not be amenable to a reduced reimbursement. It would be in the HOA's best interest to have a representative at the July 10 meeting. if you have any questions, please let me know. Roiand M. DeBloiS, AlirP Chief, Environsnental Planning Coje, Enforcement Section :rdi�in River County 1801 271.' Street, B dg -A Vero Beach, FL 32960-3388 Phone: (F 72) 22.6-1258 :,x: 772) 978-180e, rde>IJI5. ICC !}V.Com From: ralph sheppard [mailto:shep6352@gmail.comj Sent: Wednesday, October 11, 2017 11:23 AM To: Roland Deblois <rdeblois@ircgov.com>; ME <annag713@gmaiI.com>; Peter Tyson <prtav@att.net>; Anthony Mird <aemirti@gmail.com>; Eileen Gumpel <egumpe1510@gmail.com> Subject: Re: Head Island -Agreement for Dredging and Improvement Roland, I endeavored to get an idea of the cost to finish the work.that was expected under our agreement with the County. The best I could do was get a "guesstimate" and it was based on very rough calculations. I 151 subsequently reached out to other contractors and could not even get a return call. That said, the rough estimate I was given was $2S-$30,000. Having no way to verify this number my intention was to convene another meeting with our Board and then meet again with the County. We are trying to get everyone in attendance over the next 2 weeks and I will get back to you immediately thereafter. ralph sheppard president, SCHHA On Oct 6, 2017, at 2:03 PM, Roland Deblois <_rdeblois a,ircgov.com> wrote: Mr, Sheppard - I am emailing with reference to your and Peter Tyson's June 2 meeting with Community Development Director Stan Boling, Deputy County Attorney Bill DeBraal, and me concerning the St. Christopher's Harbor Homeowner's Association's (SCHHA's ) due payment of its share of costs for the Head Island channel restoration. At the June 2 meeting, it was agreed that you would look into the costs and permitting to maintenance dredge a portion of the channel beyond the area of the land bridge removal that occurred under the cost -share project. It was also discussed that, if such maintenance dredging was potentially forthcoming within the range of $10,000, the County may agree to escrow that amount of the payment received from the SCHHA for that purpose. I have not heard back from you with regard to your findings, and irrespectively, the SCHHA's agreed -to payment under the Head Island Agreement is substantially overdue. Accordingly, you are advised to transmit the payment to avoid SCHHA default and County legal action to recover costs. Roland M, OeBlois, AICs% 4I-iel, Environmental Nanning & r5ocle Enforcement Section Ind'an River County :1801 27'' Street, Bid;. to Jere Beach, FL 32960-3388 Phond: (77,2) 226-1255 Fax: (772, 978-1806 rdpblois irc cv,corn From: Roland Deblois Sent.: Thursday, May 25, 2017 3:35 PM To: 'ralph Sheppard' <shep6352@gmail.com>; Peter Tyson <prtavc@att.net> Cc: Stan Boling <sboling@ircgov.com>; Bill Debraal <BDebraal@ircgov.com> Subject: RE: Head Island - Agreement for Dredging and Improvement Friday, lune 2 at 9 a.m. here at the County Planning Office works. Thank you, see you then. Roland M,. DeBlois, AICD Ch,'ef, Environmental Plannin; Code Enrorc ament Section indian River County 1901 27`` Street, Bldp,., A Vero Beach, FL 32960-3388 Phone; (772) 2264258 2 152 N t ,<: 17--2) 978-1806 From: ralph sheppard [mailto:shep6352@gmail.com] Sent: Wednesday, May 24, 2017 2:58 PM To: Roland Deblois <rdeblois ircgov.com>; Peter Tyson <prtav@att.net> Subject: Re: Head Island - Agreement for Dredging and Improvement Roland, Peter Tyson and myself can be at your office 9AM June 2nd if that will work. Otherwise we can find another mutually agreeable time and date. ralph sheppard, president schha shep6352 (�@gmail.com On .May 22, 2017, at 10:25 AM, Roland Deblois <rdeblois u'i cgov.com> wrote: Mr. Sheppard — county staff are generally available to meet on Friday, June 2. Please let me know if that day works, and what time of day. Ro and Iv;. nePlois, AICP Environmental Planning code Enforuerner„ Section :live-' cou 5v 1801 27:'l St)eet, Bldg, A Vera % a:F 32960-338 Phone: IR 72) 276-1259 Fax: ,7 r 2) '979-1806 rdebloisrDirmov.corn From: ralph sheppard [mailto:sheo6352@gnail.com Sent: Monday, May 22, 2017 7:55 AM To: Roland Deblois <rdeblois@ircgov.com> Cc: ME <anna 713@Rmail,com>; Anthony Mirti <aemirti@gmail.com>; Peter Tyson <prtav a@att.net>; Eileen Gumpe) <!�umpe1510CemaiLcom>; Stan Boling <sboling ircgov.com>; Bill Debraal <BDebraal@ircgov:com>; Scott McGuire <scottm knightmcguire.com> Subject; Re: Head Island - Agreement for Dredging and Improvement. Roland; Thank you for your response. With all due respect, we clearly do not see this situation from the same perspective. use are clear that the permits) and inspections are complete. That said, i think it would be best if we meet. I would encourage you to have in attendance anyone the Countyfeets is necessary to discuss this situation. It is not our intention to be unreasonable, however, we are retying on our contract with the County; which was prepared by the County, to clarify the position we have expressed regarding the incomplete nature of the work. 153 Please give me some lead time on a meeting as I will have to coordinate the schedules of several individuals who will want to be present. ralph sheppard, president schha shep6352CaD_gmaii.com On May 18, 2017, at 10:00 AM, Roland Deblois <rdeblois(A- iregov.com> wrote: Mr. Sheppard — I am responding to your email regarding the Head Island (a.k.a. Green Salt Marsh) channel restoration. With regard to the permitted work, Indian River County received an engineer's certification of completion as well as Florida Department of Environmental Protection (FDEP) and Army Corps of Engineers (ACOS) confirmation that the project was completed in accordance with the environmental permits issued for the work. The County's contractor excavated the "land bridge" accessing Head Island, as well as three berm breaches, in accordance with the specifications of the FDEP and ACOE permits. The FDEP and ACOE permits, originally obtained by the HOA and administered by the County, did not include any excavation of the channel beyond removal of the land bridge. Your email erroneously implies that, in entering into the agreement, the County committed to restoring navigational access beyond removal of the land bridge as specified in the permits. Unless the HOA can demonstrate that the County did not complete the project in accordance with the FDEP and ACOE permits, the County expects the HOA to honor its agreement. If the HOA chooses not to honor its agreement and refuses to pay its agreed to share of costs, the County will find the HOA in default and will proceed accordingly with legal action to recover costs. ' Roland M. DeNois, AICD Chief, Environ -nen al Planning f Code Enforcement Section Indian River Count) 180! 271' Street, Bldg. A Vero Beath, FL 32-060-3388 Phone: (117 2) 2.26-1258 -'fix: (772) 78/41806 rdeblois irmo`l.com From: ralph sheppard (mailto:shep6352@gmail.coml Sent: Monday, April 10, 201710:55 AM To: Roland Deblois <rdeblois@ircgov.com>; ME <annag713@gmail.com>; Anthony Mirti <aemirti@gmail.com>; Peter Tyson <prtav@att.net>; Eileen Gumpel <egumpe1510@gmail.com> Subject: Head Island Mr. DeBlois,. I am following up on our conversation last week as it pertains to the Agreement for Dredging and Improvement of Green Salt Marsh Conservation, Area { AKA Head island) ( "the agreement") ) entered into on December 15, 2015 by the Board of County Commissioners of IndianRiver County (" the County") and St. Christopher's Harbor Homeowner's Association ( "SCHHA") . ( attached ) 4 154 Pursuant to the agreement, SCHHA has certain obligations to pay the County, as reimbursement, subsequent to the County completing the project as it is further described in the agreement. Summarily, it is the position of SCHHA that the project was not completed to the full extent of the terms and conditions agreed to when SCHHA entered into. the agreement with the County. Prior to entering into the agreement SCHHA has endeavored to accomplish the removal of the land plug installed by the County or an agency of the County. The primary goal of the project was to restore and establish a navigable passage through the original natural deep water channel lying between Head Island and the land immediately to the North. When the County agreed to complete the aforementioned project, as part of the agreement, SCHHA was to turn over, assign, and otherwise relinquish all proprietary materials, permits, surveys, and all other work product in their possession as it pertained to the project. It was disclosed, clearly, to the County that SCHHA had considerable time, money and sweat equity invested over no less than 10 years with the intention of removing the earth plug and restoring a navigable channel as it existed prior to the earth plug being installed.. By so doing, the natural water flow and historic channel would provide safe navigable passage to the contiguous waters immediately West, Northwest of the channel. It is the position of SCHHA that this was not accomplished. Further, SCHHA is relying on the agreement which specifically speaks to this issue in paragraph 4 wherein specific reference is made to '`....restore a navigable channel for boating access..." and likewise to paragraph 5 which is clearly referring to ......providing more direct boater access to deep water channels in the area..." The agreement, and the specific language, was the result of extensive discussions and SCHHA was relying on the County to see that these goals were met. As mentioned already, SCHHA does not feel that this was accomplished and that the project, which was entirely and unilaterally administered by the County, was never completed accordingly. While there is much more that factors into this situation, I am intentionally keeping this communication brief. I am available to sit and discuss this matter while we seek reasonable solutions to accomplish the completion of the project. Ralph Sheppard, President. SCHHA sher)6u52 5x amail. com 155 a H - J..t i t x � ��s F• w � i9� i7 , Y F•r K "`jiF Lam; l.a vNtx 'fie- s -- i-' �• ��":'� -_ Sig +, i, ""s�a.yy"r-�y -." .: 1 'yip,{µ t � � f1 '� ��•�_ 'Cy� ~a,:i i"'�.-'►'i �,h r ' ' x.�t T r't"T" .�,+�„�! .µ% 'S •� �$ j*M���y ,y i6r - t' ��y'ej�(j• ' a' Tv �Y�"+t "-` � � � xY�'� .hiss-.�'aSz W < ,• ': �`��" JJ'",�.. *° 0. 1, y T�� #� � iB •$P 1F.� ��Y i�•N� 4 �"����..'`il.�� ,+�/E O�po,�z -��� ,�.+��• . E•y�*'.. ui- •Y .�1f . 4 ,y-. ..,jam - � '� K - �ti � �''F �r * • P �4 �• 3r t� "4 �+.1 y' ,��'��'k � �.'G Y � {{'y`•j{4.a • ye Jk, ..��',G� �", 'Tyy 'i"- R. ;,e y rih / ,A�'"�,ya - ?'�.]Y]Tif11•h"i-3b1�`-"t` 74 kvZ 1 ��t".= s � +r- ®'moi„ *"* t '�kr_ a�>. �� w.�'+,5,,•�. ��,,�r�� _ soli* ���_„��•��rip, ;� 3 -SALT. MNSERV ..A-'."'A(AKAJW"'IS-LA") '%% S i I ontor iM. A54 201'-5 by and b#wii in` s V 15h ty 0g, ,ft.y' 'C 'iAne a on Am F 3' nqn,,profit�:'cor ontion,,2_ -36:Harbor Lane, Verg'BeadI L WO 'St Cfin'gt*or,'�9, Rk)* It: a 1416tg loeated on :.wtkisidc.-,of ft OPP A1.4 M fD osquito =ewused ,s ..conservation land, as pnc�yhxfiRki uago u;ff ftip;o t'%Zd WOge"dbfiaectimgHtad Wand vnifli A Ab 5 0" &Yfittol. AWW At " "AS, the Viand n:; e-i-m�: '� h6t&Wi OW,Gt fi"%*Iun between .4W � A Ap :.-and-pntvcnts. an yboafipg- A6 W -w . -� ams ,' it M.0dland$fu n :1, th A kad a'r %Iholft" 'fir. 1— 'c' -ti ad W oftqd to -*q: pitoihi� wrium a''.z­L.,0_j__,­ r (Ag'removal .9FWMeW#­wi-thAh6 aunty -1:ffik thedredging and d -of- the L ale tore'it# to Ift. V'A li�h� H ,bbA&g Awets tag jift, eadIslan& to 'benefit the ; rimov* Offt.-:14A,Br31g alio benefits ft gotta. bid by, posdd- 9 :banter �s to deep. water channels lhus ediA b &e-nt;;. dater 'ghandWL''-'Ai fh9t-.� the--,, p"Ath ofou -b is to. mess; acrd: W A. Cafe upland. b end rem t�f 0 igpm. fr M. &V N allio District Rhw' -to shareihe cost -effic-aboveiinprovements on Hrad:'Island; and of Dw " em- 1-6,..16,14. - C A'AM- bo., --:!A& t je 6V V) "e. th page 1001 r6. lb(o-2- AMNA►'i'; c F gbtrt%ehrttt�at Phis .1ge�net zr+iy `Ia Wl'V&- lC.OUnVT RUM of Gomrzris ttto v +Camitu bievlcapen DuceYrolbuln SAVOY 11000410 Aswciefiont . Ch phde' H'ar.or' owzter's so �ti ,Imo:. Aft Bvsf Litos � i �6 I�azh�sr.La�1 B, PL 32963 The bav s+�s: a by; �r by wli#m 40000 to` It off` ► '; Xca ):)� i 6 (P -b e U t 'h h �d 11 X, m V%WRED and It, 6 A soclaflon, -;gme th PP Artmot IOU- ""ecOme"a w 44wfir t ;p tbith YC "MMSIONW: AJ0fkSV,JtffityVPL Si" Cfdk bf jolA,, . D,,:OF COUNT -0 4 O.FW-DIM0. RIIVEICCO�.( rij�wk and ; A* JW�,VA It.. Decem I$42.10I1,$ Page 4, of, 4 T5.)6 -b -q BOINd Estimate Burled on Re -Bid W.A.-I. The CO Services, LLC bid of $159,770.40 to complete the channel/breach excavations includes off-site disposal of material and project engineering and oversight. Based on dw CO Services bid, the overall project cost estimate is revised as follows: `;County con adjusted to n Elect 50% of total project costs. Design and permitting costs are not covered under the FIND cost - sham grant project; the total FIND grant amwmt is capped at $35,750 (2556 of original project cost estimate). The revised County cost estimate of $119,634.70 under the CO Services bid reflects 50% of the revised total project cost, which is $4,63,00 more than the $115,000 cap approved by the Board at its May 5, 2015 meeting. Although 50014 of the revised total project costs exceeds the $115,000 cap previously recommended by stag; the ±4% overage is within a minimal range such that staff would support an adjustment in the cap to $120,000, with the County holding the line at 50% of total project costs. To date, the St Christopher Harbor HOA has committed $76,499 in permitting and construction funds toward the project Based an the CO Services bid cost revisions, the HOA's share (i.e., costs not covered by the FIND grant or by the County's 5011a of total project costs) is estimated at $83,854.71, resulting in a shortfall of $7,385.71 that the HOA has yet to commit Since the'ect would result in boatin vem� � Prof g �ro � tf»: 'x ,g<- Improvement Fund was previously idarMfied as -the County's appropriate holding source for the projecL The Boating Improvement Fund is still the appropriate finding source for the (revised) estimated. $119,634.70 cougars. ,k Project Element Estimated FIND Cost County Cast* St. Christopher Cost * Harbor HOA and $38 000* NIA NIA $39,000* Public twat ,. ,.: -$10.000 _ _ N/A TSI payment for work $31,499 $7,874 $23,625 N/A performed (exotics treatment, chsnnel/breatih vel Clearing, Umdon c;ontrai, mon t ellbreachcompledon $153,965.41 $23,924.75 $84,155.95 545,884.71 under re -bid (Bevtsed based on CDSBid Project mees $5,805.00 $1,451.25 $4,353.75 N/A etrgino-ft oversight (Acphed biasd on CO So -Wo Btd TOTAL $239 y41 750'' $119,634.70* $83 71 `;County con adjusted to n Elect 50% of total project costs. Design and permitting costs are not covered under the FIND cost - sham grant project; the total FIND grant amwmt is capped at $35,750 (2556 of original project cost estimate). The revised County cost estimate of $119,634.70 under the CO Services bid reflects 50% of the revised total project cost, which is $4,63,00 more than the $115,000 cap approved by the Board at its May 5, 2015 meeting. Although 50014 of the revised total project costs exceeds the $115,000 cap previously recommended by stag; the ±4% overage is within a minimal range such that staff would support an adjustment in the cap to $120,000, with the County holding the line at 50% of total project costs. To date, the St Christopher Harbor HOA has committed $76,499 in permitting and construction funds toward the project Based an the CO Services bid cost revisions, the HOA's share (i.e., costs not covered by the FIND grant or by the County's 5011a of total project costs) is estimated at $83,854.71, resulting in a shortfall of $7,385.71 that the HOA has yet to commit Since the'ect would result in boatin vem� � Prof g �ro � tf»: 'x ,g<- Improvement Fund was previously idarMfied as -the County's appropriate holding source for the projecL The Boating Improvement Fund is still the appropriate finding source for the (revised) estimated. $119,634.70 cougars. INDIAN RIVER COUNTY, FLORIDA DEPARTMENTAL MEMORANDUM DATE: June 25, 2018 TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: James Ennis, P.E., County Engineer SUBJECT: TrafficJet Print System and Software: Board Approval to Waive the Requirement for Bids to Purchase the TrafficJet Print System and Software DESCRIPTION AND CONDITIONS On a monthly average, the Traffic Engineering Division fabricates over 200 to 300 traffic related signs and various signs for inter -County Departments. The current sign fabrication system and hardware are outdated and requires a replacement system. The Avery Dennison TrafficJet 1638 Print System and Software is the proposed replacement for the obsolete system which is currently being used for fabrication and production. The TrafficJet 1638 Print System represents a substantial upgrade to the current capabilities and efficiency of the IRC Traffic Engineering Division. The TrafficJet system is MUTCD compliant and is the only system engineered and supported by an industry-leading sheeting manufacturer. As such, a 10 to 12 year sheeting durability warranty will be provided on signs produced by the printing system. The TrafficJet system offers value, economical upfront and efficient running costs. FUNDING Annual expenditures for signs come from various accounts in Transportation/Traffic Engineering. Expenditures for the complete TrafficJet Print System in the amount of $55,922.20 is available in the Traffic Engineering/Other Machinery and Equipment account - 11124541-066490. RECOMMENDATION Staff recommends the Board of County Commissioners waive the requirement for bids for the Avery Dennison Corporation TrafficJet Print System, Software and any parts or service needed at a later date. Staff also recommends the Board authorize the Purchasing Division to issue Purchase Orders for the TrafficJet Print System, associated equipment and software, as needed. ATTACHMENTS Avery Dennison Letter & Quote APPROVED AGENDA ITEM FOR JULY 3, 2018 157 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@4C25502D\@BCL@4C25502D.doc TraffidetTl 1638 Print System Proposal for: June 13, 2018 Traff icJetn` ®NDN Print System with a 2:= n+r; ;.r.:.omc sor-va�ar roa sic+.r+a�::»c A TrafficJef o� SON Print System The #1 selling most accepted digital print system for specification compliant and warranted traffic signs around the globe Avery Dennison Reflective Solutions 7542 North Natchez Ave. Niles, IL 60714 T: 877-214-0909 F: 847-647-6987 reflectives. averydenn ispW TrafficJetT" — Simple, clean and cost-effective. Warranted durability Avery Dennison's TrafficJet" print system offers incredible value, with an economical upfront and efficient running cost. TrafficJet spot colors are engineered to meet the color, retroreflectivity and durability requirements of the traffic industry's rigid specifications. Signs produced using Traffic -let carry the same warranty as signs produced by screen printing and colored overlay films. Our exclusive position as the system supplier guarantees performance compatibility between printer, inks, reflective sheeting and protective overlay when needed. Engineered to meet your sign fabrication needs © MUTCD compliant signage • Easy, efficient sign fabrication Improved labor and material efficiency — no cutting, premasking or weeding Quick order turnaround — direct to print from design Lower operating costs — produce just in time instead of just in case Print unattended and manage multiple printers with a single operator fl Print signs in any orientation on our Omni -Directional sheeting, maximizing space while optimizing retroreflectivity Only system engineered and supported by an industry-leading sheeting manufacturer — complete with ten and twelve year sheeting durability warranty a Now with CMSpot6' , the only traffic printer that offers simultaneous spot and process color printing for unsurpassed durability and flexibility. Spot colors for traffic signs are warranted up to 12 years, and process color images are warranted up to 10 years (depending on sheeting series). fl Ideal for multi -color signs and complex street name signs with variable information Preparation for your TrafficJet'"' Print System I, Request the TrafficJet Pre -Site Checklist #1.03 from your Avery Dennison sales representative Lead time Printer and installation lead time is 15 to 20 working days after order Inks ship within 5 days of receipt of order Once your order is confirmed ® A technical service representative will contact you to in order to complete the pre -site checklist, and schedule installation and on-site training n Your TrafficJet" Print System will arrive on two pallets; 1. Printer with software 2. Installation kit including inks, flush, and reflective sheeting Important! Do not attempt assembly of the printer prior to the arrival of the technical service representative, do not open any packages to ensure that all parts and materials are accounted for During installation The technical service representative will be on-site to assemble the printer, load software and inks, and provide training on operation and maintenance TrafficJet'M M SON Print System The #1 selling most accepted digital print system for specification compliant and warranted traffic signs around the globe Avery Dennison Reflective Solutions 7542 North Natchez Ave. Niles, IL 60714 T:877-214-0909 F:847-647-6987 reflectives.ave ryd enn isp�m Terms 1. All prices shown in U.S. Dollars 2. Payment N30 Days from date of shipment 3. Delivery and installation approximately three weeks after receipt of order 4. 12 month standard equipment warranty included S. When operated according to Avery Dennison's recommendations, full long-term sheeting warranties are in effect, please see Instructional Bulletins, Product Data Bulletins for complete details. This offer is valid for sixty days (60) from the date shown on page one ® TrafficJef oNWN Print System The #.1 selling most accepted digital print system for specification compliant and warranted traffic signs around the globe Avery Dennison Reflective Solutions 7542 North Natchez Ave. Niles, IL 60714 T: 877-214-0909 F:847-647-6987 reflectives.averydenn isp0M TrafficJet `"1638 Print System Printer & Software: 8 -color, 64" wide digital printer with take-up, ionizing static bar, and design/RIP software. Start -Up Kit: CMSpot6'" inks for simultaneous spot and process color printing, 998105 Each $35,352.00 $35,352.00 reflective sheeting and protective overlay, and maintenance supplies Installation/Training: 2 day professional on-site installation and training with follow up remote sessions up to two weeks after installation. Traffic.let'" Extended Warranty -Prepaid Convenience Plan May be purchased with the printer or before the expiration of the manufacturer's 1 -year warranty. May purchase up to 3 years of extended 998150 Per $7,500.00 $7,500.00 warranty, providing uninterrupted coverage for 4 years. Buy now and lock in Year at today's pricing. Traffic.let'" Roll to Roll Laminator 998713 Each $10,595 $10,595.00 64"film width roll to roll laminator with heat assist. Includes 5 roll shafts and purchased one unwinding shaft, metal feeding tray, safety and optical eye, multi -function with printer footswitch. Also includes installation and on-site training. Purchase with 998714 Each $11,595 printer and save! purchased separately Fume Extractor j Consider adding a fume extractor if your printer will be operated in a shared 998716 Each $2,995.00 Not included office environment or room lacking adequate ventilation. Trafficlet'" SPOT Colors Ink Cartridges 440 ml Yellow 998001 I (3)Each $165.20 $495.60 440 ml Black 998002 (3)Each $165.20 $495.60 440 ml Blue 998005AA (1)Each $165.20 $165.20 440 ml Green 998007AC (3)Each $165.20 $495.60 440 ml Red 998008 (1)Each $165.20 $165.20 440 ml Brown 998009 (1)Each $165.20 $165.20 440 ml Flush 998000 (3)Each $75.60 $226.80 950 ml Yellow 998011 Each $240.80 950 ml Black 998012 Each $240.80 950 ml Blue 998015AA Each $240.80 950 ml Green 998017AC Each $240.80 950 ml Red 998018 Each $240.80 950 ml Brown 998019 Each $240.80 950 ml Flush 998010 Each $140.00 Mutoh Eco -Ultra CMYK Ink Cartridges 440 ml Cyan 998035 (1)Each $133.00 $133.00 440 ml Magenta 998038 (1)Each $133.00 $133.00 1LCyan 998045 I Each $255.50 1 L Magenta 998048 Each $255.50 High Capacity Bag Adapter (4 pack) 998020 Pack $445.20 Total - TrafficJet'"" 1638 Print System with Selected Accessories and Consumable (includes shipping): $55,922.20 Terms 1. All prices shown in U.S. Dollars 2. Payment N30 Days from date of shipment 3. Delivery and installation approximately three weeks after receipt of order 4. 12 month standard equipment warranty included S. When operated according to Avery Dennison's recommendations, full long-term sheeting warranties are in effect, please see Instructional Bulletins, Product Data Bulletins for complete details. This offer is valid for sixty days (60) from the date shown on page one ® TrafficJef oNWN Print System The #.1 selling most accepted digital print system for specification compliant and warranted traffic signs around the globe Avery Dennison Reflective Solutions 7542 North Natchez Ave. Niles, IL 60714 T: 877-214-0909 F:847-647-6987 reflectives.averydenn isp0M Traffic.letTm Digital Print System Components Hardware a (1) TrafficletT" 1638X 8 -color, 64" printer with take-up O (1) ionizing static bar Software a (1) Flexi Sign & Print v12 Mutoh Edition Maintenance Supplies ® (1) 0.5 bottle of Traffic.let flush 0 (1) tweezers c (1) tube of grease a (1) wiper (3) spit pads a (10) eye droppers (10) plastic gloves a (25) lint free swabs (30)lint free wipes Installation and Training 2 day on-site installation and training 3 10 remote training sessions Additional information 0 reflectives.averydennison.com ® TrafficJeL' oENN= Print System The #1 selling most accepted digital print system for specification compliant and warranted traffic signs around the globe TrafficJetT"" Spot Inks* (16) Flush 440mL (1) TJ01 Yellow 440mL * (1) TJ03 Black 440mL (1) TJO5 Blue 440mL a (1) TJ07 Green 440mL (1) TJ08 Red 440mL (1) TJ09 Brown 440mL Mutoh CMYK Inks a (1) Mutoh Eco Ultra cyan 440 ml 0 (1) Mutoh Eco Ultra magenta 440 ml Reflective Media a (1) roll white 48" x 25Y HIP sheeting 0 (1) roll 48" x 25Y OL -2000 protective overlay Avery Dennison Reflective Solutions 7542 North Natchez Ave. Niles, IL 60714 T:877-214-0909 F: 847-647-6987 reflectives.averydenni iArn /aP-a' INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: John's Island Request for Temporary Easement for Reclaimed Water Line Construction DATE: July 4, 2018 DESCRIPTION AND CONDITIONS On December 5, 2017 the Board of County Commissioners (County) entered into an agreement with John's Island Water Management, Inc., (JIWM) for the County to provide reclaimed water to JIWM. Reclaimed water is available at the County reclaimed water facility located at 77th Street. At its own expense, JIWM is required to design, obtain all necessary permits, and construct a reclaimed water transmission line to County and Department of Environmental Protection requirements to deliver the reclaimed water from the County 77th Street facility to JIWM. JIWM is currently in the permitting process to obtain permits from IRC Public Works (right-of-way), IRC Utilities, and the Department of Environmental Protection (DEP). JIWM has already obtained a SJRWMD permit modification for the project. As part of the permitting process, DEP has requested thatthe County either sign the permit application as a co -applicant or provide temporary easements to JIWM to install the subaqueous crossing from the west side of the Indian River Lagoon (IRL) at 69th Street to Old Winter Beach Road on the east side of the IRL. The crossing route will take the transmission pipe line under the County owned bridge tender park on the end of Old Winter Beach Road, which will also require a temporary easement. After internal discussions, it is the consensus of staff that providing temporary construction easements to JIWM is the best option. By providing the easements, the County will not become an applicant on the project and will limit liability duringthe permitting and/or construction of the p roj a ct. Per DEP, the time length for the temporary construction easement must coincide with the timeframe of the DEP construction permit. This duration is a maximum of five -years in length or sooner if the project is complete and DEP signs off on the completed construction. The requested easements are temporary, as upon the completion of construction, the reclaimed water transmission line will be conveyed to the County for operation and maintenance. This will allow the County to provide reclaimed water to other customers on the barrier island in the future. FUNDING No funding is necessary for this item. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the temporary construction easement and authorize the Chairman to execute said easement on behalf of the County upon review and approval of the easement by the County Attorney as to form and legal sufficiency. ATTACHMENTS Easement Agreement Easement Sketch and Descriptions APPROVED AGENDA ITEM FOR: July 10, 2018 162 Prepared by and return to: Indian River County Attorney's Office 1801 27'" Street TEMPORARY CONSTRUCTION EASEMENT. This TEMPORARY CONSTRUCTION EASEMENT, made and executed this day of 2018, by Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida 32960-3388, hereinafter called GRANTOR, to Johns Island Water Management, Inc., a Florida Not For Profit Corporation, whose address is 1 Turtle Beach Road Vero Beach, FL 32963, hereinafter called GRANTEE, WITNESSETH: That GRANTOR, for and in consideration of the sum of ONE DOLLAR and other consideration, receipt of which is hereby acknowledged, does hereby grant unto the GRANTEE a TEMPORARY CONSTRUCTION EASEMENT on, over, across, and beneath the following described land, situate in Indian River County, Florida, to -wit: EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF This easement is for the purpose of conducting construction activities, such as; directional boring, pipe installation, dewatering, grading, sloping, sodding, clearing, excavating, dredging, etc., authorized under Department of Environmental Protection permit # for the [name of project goes here. This easement shall exist until the permit is transferred to. Grantor for the operation and maintenance phase, or until Florida Department of Environmental Protection permit # expires, at which time this easement shall automatically expire. This easement does not relieve GRANTEE of the obligation to obtain all necessary Utilities and Public Works permits from GRANTOR. IN WITNESS WHEREOF the GRANTOR has herein set its hand and seal the day and year first above written. Signed in the presence of the JOHNS ISLAND WATER MANAGEMENT, INC. following witnesses: sign: print : By:_ Title: sign: print: STATE OF FLORIDA COUNTY OF Acknowledged before me this day of 2018 by as of ' Johns Island Water Management, Inc, a Florida Not For Profit Corporation, with full authorization from its 163 t board, who is either personally known to me or has produced (driver's license/passport) as identification. 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C.J �=JVV)z OWWZ00 W06 W c� NNW Q2X00z (� O U1i. a J ¢ (nJ 07m U) F-o-m�¢ — s z 0099 ia(a39l0 d/H'Wtl 91556 SlOZ/E2'6,Mp'sle6a3 peoy 9M0 1SOE\6ma\umsualx3 6lddnS asnaa puelsl suyo(-1SOE\Aam nS\S1J3fONd 7SI W-1SOE\SLJ3(0'dd NOISING 9N0133NI9N3\nl,oM 3119nd\9 LEGAL DESCRIPTION: PROPOSED UTILITY EASEMENT A UTILITY EASEMENT LYING OVER A PORTION OF THE RIGHT OF WAY FOR OLD WINTER BEACH ROAD AND TRACT 'P' AS SHOWN ON THE PLAT OF RIVER CLUB AT CARLTON P.R.D.-PLAT 3 AS RECORDED IN PLAT BOOK 17, PAGE 14 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; SAID EASEMENT ALSO LYING IN GOVERNMENT LOT 2, SECTION 1, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 2; THENCE RUN N89'55'04"W, ALONG THE NORTH UNE OF SAID GOVERNMENT LOT 2, A DISTANCE OF 1940.26 FEET TO A POINT ON THE NORTHERLY EXTENSION OF THE EASTERLY RIGHT OF WAY LINE OF OLD WINTER BEACH ROAD, AS SHOWN ON THE AFORESAID PLAT OF RIVER CLUB AT CARLTON P.R.D.-PLAT 3; THENCE DEPARTING SAID NORTH LINE RUN S22'03'32"W, ALONG SAID EASTERLY RIGHT OF WAY LINE AND THE NORTHERLY EXTENSION THEREOF, A DISTANCE OF 291.10 FEET; THENCE RUN ALONG SAID EASTERLY RIGHT OF WAY LINE SOUTH 00'07'22"E, A DISTANCE OF 17.82 FEET; THENCE RUN S18'59'16"W A DISTANCE OF 368.14 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE CONCAVE NORTHWEST, HAVING A RADIUS OF 512.48 FEET; THENCE RUN ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02'14'10, A DISTANCE OF 20.00 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10'47'02", A DISTANCE OF 96.46 FEET TO A POINT ON THE BOUNDARY LINE OF SAID TRACT 'P'; THENCE DEPARTING SAID EASTERLY RIGHT OF WAY LINE RUN S7418'57"E, NON -TANGENT TO LAST DESCRIBED CURVE AND ALONG SAID BOUNDARY LINE, A DISTANCE OF 19.77 FEET TO THE POINT OF CURVATURE OF A NON -TANGENT CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 74.00 FEET AND A RADIAL BEARING OF S15'41'31"W; THENCE RUN ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 203'04'41 ", A DISTANCE OF 262.26 FEET; THENCE DEPARTING SAID CURVE RUN N51'14'20"W, A DISTANCE OF 48.98 FEET TO A POINT ON THE AFORESAID EASTERLY RIGHT OF WAY UNE OF OLD WINTER BEACH ROAD, SAID POINT LYING ON A NON -TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 512.48 FEET AND A RADIAL BEARING OF N42'55'38"W; THENCE RUN ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03'23'02", A DISTANCE OF 30.26 FEET TO A POINT ON THE NORTHEASTERLY PROPERTY LINE OF THE INDIAN RIVER COUNTY OLD WINTER BEACH BRIDGEHEAD PARK AS DESCRIBED IN St. LUCIE COUNTY DEED BOOK 46, PAGE 17, OF THE PUBLIC RECORDS OF St. LUCIE COUNTY, FLORIDA, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA; THENCE DEPARTING SAID EASTERLY RIGHT OF WAY LINE ON A NON -TANGENT BEARING OF N29'08'20"W, ALONG SAID NORTHEASTERLY PROPERTY LINE, A DISTANCE OF 71.36 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF OLD WINTER BEACH ROAD, SAID POINT LYING UPON A NON -TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 442.48 FEET AND A RADIAL BEARING OF N41' 12'47"W; THENCE DEPARTING SAID NORTHEASTERLY PROPERTY LINE, RUN ALONG THE WESTERLY RIGHT OF WAY LINE OF OLD WINTER BEACH ROAD AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27'33'47", A DISTANCE OF 212.86 FEET; THENCE DEPARTING SAID WESTERLY RIGHT OF WAY LINE ON A RADIAL BEARING OF S68'46'34"E, A DISTANCE OF 70.00 FEET TO THE POINT OF BEGINNING. CONTAINING: 0.73 ACRES (31,676 SQUARE FEET), MORE OR LESS. SYMBOLS AND ABBREVIATIONS: COR= CORNER D.B.S. = St. LUCIE COUNTY DEED BOOK I.R.C. = INDIAN RIVER COUNTY L = ARC LENGTH O.R.B. = OFFICIAL RECORDS BOOK P.B. = PLAT BOOK P.C. = POINT OF CURVATURE P.I.D. = PARCEL IDENTIFICATION PER PROPERTY APPRAISER SURVEYOR'S NOTES: P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT PROP = PROPERTY P.S.M. = PROFESSIONAL SURVEYOR AND MAPPER R = RADIUS R/W = RIGHT OF WAY SEC = SECTION -TOWNSHIP -RANGE A = DELTA ANGLE = INDICATES JOINT OWNERSHIP M—Ryk Rwk- = 16" PROPOSED RE -USE MAIN 1. THIS SKETCH AND DESCRIPTION IS NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON. 2. THIS SKETCH AND DESCRIPTION MEETS OR EXCEEDS ALL APPLICABLE REQUIREMENTS OF THE STANDARDS OF PRACTICE AS ESTABLISHED IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE. 3. THIS SKETCH AND DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF A TITLE POLICY; THEREFORE THERE MAY BE EASEMENTS, RESTRICTIONS, RESERVATIONS, AND/OR OTHER ENCUMBRANCES NOT SHOWN HEREON. BUT MAY BE FOUND IN THE PUBUC RECORDS. 4. THIS SKETCH AND DESCRIPTION DOES NOT REPRESENT A FIELD SURVEY. EXISTING PROPERTY CONDITIONS OR FEATURES ARE NOT SHOWN. 5. BEARINGS SHOWN HEREON ARE BASED UPON THE 1983 NORTH AMERICAN DATUM, 2011 ADJUSTMENT AND ARE PROJECTED IN THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE. THIS SURVEY WAS TIED TO THE FLORIDA PERMANENT REFERENCE NETWORK (MAINTAINED BY THE FLORIDA DEPARTMENT OF TRANSPORTATION'S SURVEY DEPARTMENT); DERIVING A GRID BEARING OF N89'55'04"W ALONG THE NORTH LINE OF GOVERNMENT LOT 2, SECTION 1, TOWNSHIP 32 SOUTH, RANGE 39 EAST. CERTIFICATION S EYOR/AND MA PPE IN RESPONSIBLE CHARGE Of/bY� 7-3ZOf 0f, THIS SKETCH OF DESCRIPTION IS NOT COMPLETE DAVID M. P.S.hr DATE WITHOUT SHEETS 1 THRU 3 AS CREATED. FLORIDA REGISTRATION N0. LS 6139 INDIAN RIVER COUNTY SURVEYOR AND MAPPER THIS IS NOT A BOUNDARY SURVEY 1N01AN RIYER COUNTY DRAWN BY'SECTION 1 SKETCH OF DESCRIPTION for ✓OHN S SHE Deportment of Public Works D. S/LONISLAND R£ -USE MAIN EXTENSION E"nglneering 01v1s1on APPROVED BY. TOWNSHIP 328 WITHIN OLD WINTER BEACH * 1801 27th ST, VERO BEACH, FL 32960 D. -7// ON RANGE 39£ ROAD -EAST OF THE INDIAN RIVE .3 0 50 100 200 GRAPHIC SCALE ( IN FEET ) OLD WINTER BEACH 0 Q ,!/ b/ f 4 - Jai'ee-t 3 et S 18'59' 16"W 368.14' / A,/►C ' N'LY EXTENSION OF VG1 THE. E'LY R/W UNE ♦ DRAWN 9'= SECTION 1 SKETCH OF DESCR/PT/ON for JOHNS OF OLD WINTER BEACH ROAD Deporimen/ of Pub/Jc Works Engineering Division ori _ N89'55, 04"W R£ -USE UAIN EXTENS/ON WITHIN OLD WINTER BEACH 1940.26' APPROVED BY- N LINE P.O.C. Q NE COR — GOVERNMENT LOT 2. OY SEC 1-32-39 / / j N �� l� rV / �Q L O / i/ S00'07'22"E 17.82' TRACT 'M' (CONSERVATION) � 1 1 R.C. R W -T----- ' Q1p6 S� � ' _-�� 1 %% Flo onarucE a -5 unUy EASEMENT ' PER PLAT RIVER CLUB AT CARLTON ' P.R.D.—PLAT 3 PER P.B..17, PG 14 1 1 1 ., MAG00 INCORPORAT` , ` P.I.D. No. \_ \ 32-39-01-00000-1000-00001.0 PER \ O.R.B. 3055, PG 870 1 THIS SKETCH OF DESCRIPTION IS NOT COMPLETE WITHOUT SHEETS 1 THRU 3 AS CREATED ' i1VO/AN RIVER COUNTY DRAWN 9'= SECTION 1 SKETCH OF DESCR/PT/ON for JOHNS SHEET Deporimen/ of Pub/Jc Works Engineering Division D. SIL ON/BLAND TOWNSHIP 32S R£ -USE UAIN EXTENS/ON WITHIN OLD WINTER BEACH 2 APPROVED BY- coRloo' 1801. 27th ST, VERO BEACH, FL 32960 n S/LON RANGE 39E ROAD EAST OF THE INDIAN R/11 3 / �=2' 14'10" / 0 20 40 80 R=512.48' 0.00' L=20.00' Rq GRAPHIC SCALE Js68.463� u Z P.c. ( IN FEET ) \ � % , P.O.B. A 10'47'02" � R=512.48' \ `\� � L=96.46' �\ TRACT 'M' (CONSERVATION) pct. P.C. N -TANGENT P.C. IN �\\ NON -TANGENT , p� �-S74' 18'57E BOUNDARY LINE r ty . 111N 9.77' 40 r0 R=512.48' j i O ti L=30.26' -- ------- z o --------------- C", ------- � o O * o- O; ,p----1--r----- c' 000 (I. , 1 �zloo�, NO— G€T . r g 56O0 �' li'•� o' m4- �'Q M0CiWOK 0ui \°��ti m \1V ='VTM ENT `------------------ PER PLAT o o m �. RIVER CLUB AT CARLTON P.R.O.-PLAT 3 PER P.B. 17, PG 14 THIS SKETCH OF DESCRIPTION IS NOT COMPLETE WITHOUT SHEETS 1 THRU 3 AS CREATED 1° INMAN RIVER COUNTY DRAWN BY: SECTION / SKETCH OF DESCRIPTION for ✓ONNS SHEET Deporimen/ of Public Works D. S/LON ISLAND RE -USE MAIN EXTENS/ON 3 Engineering Division APPROVED BY: TOWNSHIP 32S MIAN OLD WINTER BEACH a+. 1801 27th ST, VERO BEACH, FL 32960 D. SIL ON RANGE 39E ROAD -EAST OF .THE INDIAN R/YE .3 &hl:bi f ,4 - sti.,_ �- s cf 7 LEGAL DESCRIPTION: PROPOSED 50' WIDE UTILITY EASEMENT A 50 FOOT WIDE UTILITY EASEMENT CENTERED ON THE PROPOSED 16 INCH RE—USE MAIN AS SHOWN ON THE PLANS FOR THE JOHN'S ISLAND RE—USE SUPPLY EXTENSION, PREPARED BY KNIGHT, McGUIRE AND ASSOCIATES, INCORPORATED, ON THE DATE OF APRIL 30, 2018; SAID EASEMENT LYING IN GOVERNMENT LOT 2, SECTION 1, TOWNSHIP 32 SOUTH, RANGE 39 EAST; SAID EASEMENT ALSO LYING UPON THE OLD WINTER BEACH BRIDGEHEAD PARK AS DESCRIBED IN DEED BOOK 46, PAGE 17, OF THE PUBLIC RECORDS OF St. LUCIE COUNTY, FLORIDA AND OFFICIAL RECORDS BOOK 95, PAGE 268, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 2; THENCE RUN N89'55'04"W, ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 2, A DISTANCE OF 1940.26 FEET TO A POINT ON THE NORTHERLY EXTENSION OF THE EASTERLY RIGHT OF WAY LINE OF OLD WINTER BEACH ROAD, AS SHOWN ON THE PLAT OF RIVER CLUB AT CARLTON P.R.D.—PLAT 3, PER PLAT BOOK 17, PAGE 14, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE DEPARTING SAID NORTH LINE RUN S22'03'32"W, ALONG SAID EASTERLY RIGHT OF WAY LINE AND THE NORTHERLY EXTENSION THEREOF, A DISTANCE OF 291.10 FEET; THENCE RUN ALONG SAID EASTERLY RIGHT OF WAY LINE SOUTH 00'07'22"E, A DISTANCE OF 17.82 FEET; THENCE RUN S18'59'16"W A DISTANCE OF 368.14 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE CONCAVE NORTHWEST, HAVING A RADIUS OF 512.48 FEET; THENCE RUN ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 31'28'06", A DISTANCE OF 281.46 FEET TO A POINT ON THE NORTHEASTERLY PROPERTY LINE OF THE AFORESAID BRIDGEHEAD PARK FOR A POINT OF BEGINNING; THENCE DEPARTING SAID EASTERLY RIGHT OF WAY LINE RUN S29'08'20"E, ALONG SAID NORTHEASTERLY PROPERTY LINE A DISTANCE OF 12.48 FEET; THENCE DEPARTING SAID NORTHEASTERLY PROPERTY LINE RUN S61'05'48"W, ALONG A LINE 25 FEET SOUTH OF AND PARALLEL WITH THE AFORESAID PROPOSED 16 INCH RE—USE MAIN, A DISTANCE OF 125.97 FEET TO A POINT ON THE MEAN HIGH WATER LINE ELEVATION OF —0.66 FEET (NORTH AMERICAN VERTICAL DATUM OF 1988), AT THE EAST SHORELINE OF THE INDIAN RIVER LAGOON, SAID POINT ALSO BEING THE SOUTHEAST CORNER OF SEGMENT 'E' OF THE PROPOSED 50 FOOT WIDE UTILITY EASEMENT PREPARED BY CARTER AND ASSOCIATES, INCORPORATED FOR THE FLORIDA DEPARTMENT OF PROTECTION ON THE DATE OF NOVEMBER 28, 2017; THENCE RUN N38'35'40"W ALONG SAID EAST SHORELINE AND THE EAST LINE OF SAID UTILITY EASEMENT, A DISTANCE OF 12.65 FEET; THENCE RUN NO3'27'54"W A DISTANCE OF 13.88 FEET TO A POINT ON THE CENTER OF SAID UTILITY EASEMENT; THENCE CONTINUE NO3'27'54"W, A DISTANCE OF 27.68 FEET TO THE NORTHEAST CORNER OF SEGMENT 'E' OF SAID EASEMENT; THENCE DEPARTING THE EAST LINE OF SAID UTILITY EASEMENT RUN N61'05'48"E, ALONG A LINE 25 FEET NORTH OF, AND PARALLEL WITH SAID PROPOSED 16 INCH RE—USE MAIN, A DISTANCE OF 110.04 FEET TO A POINT ON THE AFORESAID NORTHEASTERLY PROPERTY LINE OF BRIDGEHEAD PARK; THENCE RUN S29'08'20"E, ALONG SAID NORTHEASTERLY PROPERTY LINE, A DISTANCE OF 37.53 FEET TO THE POINT OF BEGINNING. CONTAINING: 0.14 ACRES (6,052 SQUARE FEET), MORE OR LESS. SYMBOLS AND ABBREVIATIONS: COR = CORNER D.B.S. = St. LUCIE COUNTY DEED BOOK ELEV = ELEVATION ESMT = EASEMENT F.P.& L. = FLORIDA POWER AND LIGHT L= ARC LENGTH M.H.W.L. = MEAN HIGH WATER LINE N.A.V.D. = NORTH AMERICAN VERTICAL DATUM O.R.B. = OFFICIAL RECORDS BOOK P.B.= PLAT BOOK P.I.D. = PARCEL IDENTIFICATION PER PROPERTY APPRAISER SURVEYOR'S NOTES: P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT PROP = PROPERTY P.S.M. = PROFESSIONAL SURVEYOR AND MAPPER R = RADIUS R/W = RIGHT OF WAY SEC = SECTION—TOWNSHIP—RANGE A= DELTA ANGLE \= INDICATES JOINT OWNERSHIP Rft RNE Rft = 16" PROPOSED RE—USE MAIN 1. THIS SKETCH AND DESCRIPTION IS NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON. 2. THIS SKETCH AND DESCRIPTION MEETS OR EXCEEDS ALL APPLICABLE REQUIREMENTS OF THE STANDARDS OF PRACTICE AS ESTABLISHED IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE. 3. THIS SKETCH AND DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF A TITLE POLICY; THEREFORE THERE MAY BE EASEMENTS, RESTRICTIONS, RESERVATIONS, AND/OR OTHER ENCUMBRANCES NOT SHOWN HEREON, BUT MAY BE FOUND IN THE PUBUC RECORDS. 4. THIS SKETCH AND DESCRIPTION DOES NOT REPRESENT A FIELD SURVEY. EXISTING PROPERTY CONDITIONS OR FEATURES ARE NOT SHOWN. 5. BEARINGS SHOWN HEREON ARE BASED UPON THE 1983 NORTH AMERICAN DATUM, 2011 ADJUSTMENT AND ARE PROJECTED IN THE FLORIDA STATE PLANE CGORDINATE 4;Y3TEM, EAST ZONE. THIS SURVEY WAS TIED TO THE FLORIDA PERMANENT REFERENCE NETWORK (MAINTAINED BY THE FLORIDA DEPARTMENT OF TRANSPORTATION'S SURVEY DEPARTMENT); DERIVING A GRID BEARING OF N89'55'04"W ALONG THE NORTH LINE OF GOVERNMENT LOT 2, SECTION i, TOWNSHIP 32 SOUTH, RANGE 39 EAST. CERTIFICATION AND MAPPER N RE S EYOR RESPONSIBLE CHARGE %- 3 2D/Q, 0A'91D P.S.M. ' DATE THIS SKETCH OF DESCRIPTION IS NOT COMPLETE A EGISTSILON, TION. FLORIDA REGISTRATION• NO. LS 6139 WITHOUT SHEETS 1 THRU 3 AS CREATED. INDIAN RIVER COUNTY SURVEYOR AND MAPPER THIS IS NOT A BOUNDARY SURVEY INDIAN RIYER COUNTY DRAWN BY. SECTION 1 SKETCH OF DESCRIPTION sHEEr 4 Department of Public Works Engineering Olvlslon O. SIL ON APPROVED BY: TOWNSHIP 32S FOR JOHN'S /SL4N0 1801 27th ST, VERO BEACH, FL 32960 A SIL ON RANGE 39£ R£—USE MAIN £)(TENSION 3 0 50 100 200 GRAPHIC SCALE ( IN FEET ) OLD 1 BRID INDI/ 32-39-01 (SEE Y' t �Xfi�bif f{ - J-hae> 6 of 'I V&\ N'LY EXTENSION OF ,THE E'LY R/W LINE OF OLD WINTER T.C1 BEACH ROAD — `� N89'55'04"W 1940.26' N LINE P.C).C. / Q — GOVERNMENTNLOT02, / Q SEC 1-32-39 ¢ A- C I 91'rO'l CZ"%Al -S18'59'16"W 368.14' ! S00'07'22"E / 17.82' I 1L b15 RIVER CLUB AT CARLTON i R0 P.R.O.—PLAT 3 PER P.B. 17, PG 14 ' i � � MAG00 INCORPORATED i t` ` P.I.D. No. �\ 32-39-01-00000-1000-00001.0 PER `\ O.R.B. 3055, PG 870 THIS SKETCH OF DESCRIPTION IS NOT COMPLETE WITHOUT SHEETS 3Q ! to INDIAN RIVER COUNTY DRAWN BY. SECTION_ 1 "Y TRACT 'M' SHEET (CONSERVATION) /V/ TOWNSHIP 32S FOR JOHN'S ISLAM TRACT 'P' (I.R.C. R/W) / 1801 27th ST, VERO BEACH, FL 32960 i RANGE 39£ R£—US£ MAIN EXTENSION I P71i3 1L b15 RIVER CLUB AT CARLTON i R0 P.R.O.—PLAT 3 PER P.B. 17, PG 14 ' i � � MAG00 INCORPORATED i t` ` P.I.D. No. �\ 32-39-01-00000-1000-00001.0 PER `\ O.R.B. 3055, PG 870 THIS SKETCH OF DESCRIPTION IS NOT COMPLETE WITHOUT SHEETS 1 THRU 3 AS CREATED INDIAN RIVER COUNTY DRAWN BY. SECTION_ 1 SKETCH OF OESCRIPT/ON SHEET q Deportment of Public Works £ng/neering Dlvlslon O. SIL ON TOWNSHIP 32S FOR JOHN'S ISLAM APPROVED BY: 1801 27th ST, VERO BEACH, FL 32960 D. SIL ON RANGE 39£ R£—US£ MAIN EXTENSION I P71i3 f 7 2 , ci OLD WINTER BEACH /- BRIDGEHEAD PARK -' INDIAN RIVER COUNTY \ P.I.D. No. 32-39-01-00000-0020-00004.0 mow. F .,� 11oO oy2sa , Sao �P.O.B. \ J as oi�S• . P moil E UNE OF SEGMENT 'E' & j,%" SFG� . O % M.H.W.L. ELEV OF -0.66' ` `�G, kI \�l��p� OF t%%-0 0 (NAVA. RE AT THE i . `, IGO��p1N �J5 \per EAST SHORELINE le 'C4 NG6C l`'F N / O N38735'40!N— /-- PG�� e0 / oo � OR9 g5• /,- NO3'27'54"W /'- ��0 13.88ECORNER'01/ SEGMENT /- ��` 0 15 30 60 , ' Z �" \ GRAPHIC SCALE " O 0 . 't ( IN FEET ) �Gd ' E LINE OF 200' WIDE F.P.& L! SUBMERGED LANDS ESMT PER O.R.B. 865, PG 1236 Z p Z I ,� oos A ' ` c THIS SKETCH OF DESCRIPTION IS NOT COMPLETE WITHOUT SHEETS 1 THRU 3 AS CREATED 1° /ND/AN RIVER .COUNTY DRAWN BY- SECTION 1 SKETCH OF DES0R/P7/0N s Deoar/men/ of Public Works A SIL ON TOWNSHIP .325 FOR JOHN'S /BLAND '3 Englneering Division APPROVED BY: 1801 27th ST, VERO BEACH, FL 32960 A SIL ON RANGE 3g£ R£ -USE MAIN EXTENSION 3 Departmental Item INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: June 26, 2018 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Eric Charest, Environmental Compliance Specialist, Utility Services Subject: Blue Cypress Lake Testing Update BACKGROUND/ ANALYSIS, On June 19, 2018, the Indian River County Board of County Commissioners (BCC) directed staff with compiling existing data on monitoring activities that are being, or have been, performed on and around the Blue Cypress Lake in western Indian River County. This request was a result of recent publications in which regulatory agencies have been quoted as saying the water quality of the lake has degraded, possibly linked to the land application of biosolids that takes place near the lake. Blue Cypress Lake is classified under Florida Department of Environmental Protection's (FDEP) Surface Water Quality Standards Classes as a Class I waterbody (Potable Water Supply), forming the headwaters of the St. Johns River. Blue Cypress Lake, with a surface area of nearly 11 square miles, has been identified by many as maintaining a relatively unspoiled ecosystem. Data supporting this claim has been collected and analyzed by many agencies for nearly 40 years, with historical results dating back to 1979. Many of the monitoring sites and programs have been retired over this timeframe, but several sites remain active, with routine monitoring, sampling collection and analyses currently being performed. Review of the monitoring sites in and around the lake using the FDEP's STORET (Water Quality Data STOrage and RETrieval system) identified several state and local agencies as participating in data collection and analyses activities. These agencies include (but may not be limited to): Florida Department of Environmental Protection, Central District Florida Department of Environmental Protection, Southeast District Florida Department of Environmental Protection, Water Quality Standards Special Projects St Johns River Water Management District (SJRWMD) Florida Lakewatch Ocean Research & Conservation Association (ORCA) A query of FDEP's STORET and SJRWMD's Environmental Data Retrieval Tool systems yielded more than 37,700 individual test results associated with monitoring performed on and around the lake by the various organizations supplying data from 1979 to present. A summary of the testing performed from 1979 through 2018 with the respective monitoring agency is below: C:\Users\Legistar\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@4C2571F5\@BCL@4C2571F5.Docx Page 1 of 472 FDEP FDEP FDEP Water Central Southeast Quality District District Standards Florida SJRWMD Lakewatch ORCA Algal Growth Potential X Alkalinity (various forms) X X X Bacteria (Enterococcus/Fecal Coliform) X Biochemical Oxygen Demand (BOD) X X X Chloride X X X Chlorophyll (various forms) X X X X X Color X X X X Dissolved Oxygen X X X X Fluoride X X X Hardness X Light, Photosynthetic Active Radiation at Depth (PAR) X Metals * X X X X Microcystin X X X Nitrate + Nitrite (Nox) X X X X Nitrogen, Ammonia X X X X Nitrogen, Total Kjeldahl X X X X Orthophosphate X X X PCBs X Pesticides X pH X X X X Phosphorus (Total) X X X X X Secchi disk depth X X X X Semi -Volatile Organic Compounds X Silica X Silicon X Solar irradiation, local X Specific Conductivity X X X X Sucralose X Sulfate X X X Temperature X X X X Total Dissolved Solids X X X Total Nitrogen X Total Organic Carbon X X X X Total Suspended Solids X X X Turbidity X X X X Volatile Solids X * Metals data includes results for Aluminum, Antimony, Arsenic, Barium, Beryllium, Cadmium, Calcium, Chromium Copper, Iron, Lead, Magnesium, Manganese, Mercury, Molybdenum, Nickel, Potassium, Selenium, Silver, Sodium Strontium, Thallium, Tin, Vanadium and Zinc Attachment 1(Blue Cypress Lake STORET Monitoring Sites) shows where samples were collected in the 1979 to present timeframe and were used to populate the table above. Many of these sites only saw a single collection, while some sites can provide a longer history. C:\Users\Legistar\Appdata\Local\Temp\BCL Tech nologies\Easypdf8\@BCL@4C2571F5\@BCL@4C2571F5.Docx 173 Attachment 2 (Water -CAT Active Monitoring Location Map) identifies the 'active monitoring sites' in and around Blue Cypress Lake. This map was created through the University of South Florida's Water -CAT database (The Florida Water Resource Monitoring Catalog) and defines 'active monitoring sites' as sites that have had monitoring activity within the past four years. This map does show a significant reduction in the monitored sites when compared to the STORET map of sites, although the 'active' sites do reflect targeted coverage of the Blue Cypress Lake and immediate surroundings. Site monitoring requirements on the FDEP-permitted Biosolids Land Application sites are.minimal and self- reported. Soil fertility testing is to be performed in accordance with the site's Nutrient Management Plan at a frequency of at least once every five years, and site pH testing to be conducted annually. No site-specific data was located at the time of this report. The occurrences of algae blooms in water bodies has a strong correlation to elevated levels of nutrients found in those water bodies. The FDEP has created and maintains an Algal Bloom Sampling Results interactive webpage (Attachment 3) in which results from algae sampling activities are stored. Between the FDEP and SJRWMD, results from recent algal monitoring activities on and around Blue Cypress Lake are made available to the public. With the various regulatory agencies having vast amounts of historical data, and with some of those same agencies still having active monitoring plans in place in and/or around Blue Cypress Lake, evaluations by their experts on the data may be used to drive future monitoring programs. Advances in testing techniques have brought forth analytes that can be used to track anthropogenic influences. When the regulatory agencies review their sampling plans and results, perhaps they can include tests. such as Sucralose, Caffeine, Acetaminophen or Nitrogen isotopes in an attempt to identify sources of any elevated results that they may find. RECOMMENDATION: Staff recommends that we continue to observe the monitoring programs in place from the Florida Department of Environmental Protection and the St Johns River Water Management District and inquire about them adding anthropogenic marker tests to their routine sampling should the data point to an increased nutrient loading in the area. ATTACHMENTS: 1. Blue Cypress Lake STORET Monitoring Sites 2. Water -CAT Active Monitoring Location Map 3. Florida Algal Bloom Sample Collection View Map and Results 4. 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