HomeMy WebLinkAbout2019 - IR Lagoon Council Grant AgreementContract# IRL2019-17
Encumbrance# GL 01-1730
AGENCY COST -SHARE AGREEMENT
BY AND BETWEEN THE IRL COUNCIL AND CITY OF SEBASTIAN FOR
SEBASTIAN CRA SEPTIC TO SEWER CONVERSION PROGRAM
THIS AGREEMENT ("Agreement") is entered into by and between the IRL COUNCIL ("Council"),
whose address is 1235 Main Street, Sebastian, Florida 32958, mid the CITY OF SEBASTIAN ("Recipient"),
whose address is 1225 Main Street, Sebastian, Florida 32958. 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 the Council has been
authorized by the United States Environmental Protection Agency to be the local sponsor
for the Indian River Lagoon National Estuary Program.
Pursuant to the IRL Council Interlocal Agreement, the Council is responsible for managing
the Indian River Lagoon National Estuary Program.
The Council has determined that providing cost -share funding to Recipient for the purposes
provided for herein will benefit the management of the water resources of the Indian River
Lagoon.
The parties have agreed to jointly fund the following project to benefit the water resources
in accordance with the funding formula further described in the Statement of Work,
Attachment A (hereafter "the Project"):
The goal of the Project is to reduce the pollutant impact from existing septic systems by
offering eligible property owners within the CPA District an incentive based on
connection type. Properties with septic systems with connection to available gravity
main sanitary sewer may receive award amounts not to exceed $5000. Properties with
septic systems with connection to available pressurized main sanitary sewer may receive
award amounts not to exceed $10,000. Properties with more than one operational septic
system may receive up to $5000 per tank in addition in the connection amount.
In consideration of the above recitals, and the funding assistance described below, Recipient agrees
to perform 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 attachments, if any. The parties hereby agree to the
following terms and conditions.
TERM; WITHDRAWAL OF OFFER
(a) The term of this Agreement is from the date upon which the last patty has dated and
executed the same ("Effective Date') until September 30, 2020 (`Completion Date").
Recipient shall not commence the Project until any required submittals are received and
approved. Recipient shall commence performance within fifteen (15) days after the
Effective Date and shall complete performance in accordance with the time for completion
stated in the Statement of Work. Time is of the essence for every aspect of this Agreement,
including any time extensions. Notwithstanding specific mention that certain provisions
survive termination or expiration of this Agreement, all provisions of this Agreement that
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by their nature extend beyond the Completion Date survive termination or expiration
hereof.
(b) This Agreement constitutes an offer until authorized, signed and returned to the Council by
Recipient. This offer terminates forty-five (45) days a0er receipt by Recipient; provided,
however, that Recipient may submit a written request for extension of this time limit to the
Council's Project Manager, suiting the reason(s) therefor. 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.
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 Council'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 Council 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 Council arising from or by reason of this Agreement.
3. OWNERSHIP OF DELIVERABLES. Unless otherwise provided herein, the Council 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 Council shall pay Recipient fifty percent
(50% of the total cost of the Project, but in no event shall the Council cost -share exceed
S 100.000. The Council 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 Council's Project Manager in writing upon receipt of any
additional external funding for the Project not disclosed prior to execution of this
Agreement.
(b) Cashiln-Kind Services. Recipient agrees to provide S100,000 in the form of cash or in -
kind services for the Project, as further described in the Statement of Work, which shall
count toward Recipient's cost -share obligation.
PAYMENT OF INVOICES
(a) Within 30 days after the closing date ofthe twelfth month of contract execution, and within
30 days of the completion date, Recipient shall submit an itemized invoice for the
reimbursable expenses incurred during the previous year by one of the following two
methods: (1) by mail to the IRL Council, 1235 Main Street, Sebastian, Florida 32958, or
(2) by e-mail to hillrirlccuncil.ore The invoice shall be submitted in derail sufficient for
proper pre -audit and post -audit review. It shall include a copy of grant incentive requests
and proof of payment. For all approved expenses, the Council shall reimburse Recipient
based upon the Council's fifty percent (50%) cost -share of the total approved expenses
until the not -to -exceed amount of the Council's cost -share has been expended. The
Council shall not withhold any retainage from this reimbursement. Council reimbursement
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is subject to annual budgetary limitation, if applicable, as provided in subsection (8). If
necessary for audit purposes, Recipient shall provide additional supporting information as
required to document invoices-
(b) End of Council Fiscal Year Reporting. The Council's fiscal year ends on September 30.
Irrespective of the invoicing frequency, the Council 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 Council's fiscal year (September 30), the final invoice must be submitted no
later than 30 days after the Completion Dale. Final invoices that are submitted after the
requisite date shall be subject to a penalty of 10 percent of the invoice. This penalty
may be waived by the Council, 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 (10)
days prior to the due date and state the basis for the delay.
(d) All invoices shall include the following information: (1) Council contract number; (2)
Council encumbrance number; (3) Recipient's name and address (include remit address, if
necessary); (4) Recipient's invoice number and date of invoice; (5) Council Project
Manager; (6) Recipient's Project Manager; (7) supporting documentation as to cost and/or
Project completion (as per the cost schedule and other requirements of the Statement of
Work); (8) Progress Report (if required); (9) Diversity Report (if otherwise required
herein). Invoices that do not correspond with this paragraph shall be returned without
action within twenty (20) business days of receipt, staling the basis for rejection. Payments
shall be made within forty-five (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, navel expenses shall be drawn from the project budget and are not otherwise
compensable.
(f) Payments withheld. The Council 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 Council 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
grounds) for withholding payment have been remedied.
(g) Annual budgetary limitation. For multi -fiscal year agreements, the Council 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 1 —
September 30) ("Annual Spending Plan"). if Recipient anticipates that expenditures will
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exceed the budgeted amount during any fiscal year, Recipient shall promptly notify the
Council'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 Council to receive this request is August I of the their -
current fiscal year. The Council may in its sole discretion prepare a Council Supplemental
Instruction Form incorporating the revised work schedule and Annual Spending Plan during
the then -current fiscal year or subsequent fiscal year(s).
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.
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 section 768.28, Fla. Stat, as amended Each party
shall acquire and maintain throughout the tens of this Agreement such liability, workers'
compensation, and automobile insurance as required by their current rules and regulations.
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) revenues appropriated by the Council's Board of Directors; (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 Council's Board of Directors for each succeeding Fiscal Year.
Should the Project not be funded, in whole or in part, in the current Fiscal Yen or succeeding Fiscal
Years, the Council shall so notify Recipient and this Agreement shall be deemed terminated for
convenience five (5) days after receipt of such notice, or within such additional time as the Council
may allow. For the purpose of this Agreement, "Fiscal Year' is defined as the period beginning on
October l and ending on September 30.
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 (3)
business days prior written notice to the other party. Written notice of change of address
shall be provided within five (5) 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; (4) e-mail or. (5) fax.
Notices via certified mail are deemed delivered upon receipt. Notices via overnight courier
we deemed delivered one (1) business day after having been deposited with the courier.
Notices via e-mail or fax are deemed defivered on the date transmitted and received.
COUNCIL
RECIPIENT
Kathy Hill, Project Manager
Lisa Frazier, Community Development
Director
IRL Council
City of Sebastian
1235 Main Street
1225 Main Street
Sebastian, Florida 32958
Sebastian, Florida 32958
(321)536-6039
(772)589-5330
E-mail: hillairlcouncil.ory
E-mail: LFrazierrrocirvofsebastian.om
(b) The Council's Project Manager shall have sole responsibility for transmitting instructions,
receiving information, and communicating Council policies and decisions regarding all
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matters pertinent to performance of the Project, The Council's Project Manager may
issue a Council Supplemental Instruction (CSI) form, Attachment 8, to authorize minor
changes in the Project that the parties agree are not inconsistent with the purpose of the
Project, do not affect the Council cost -share or Completion Date, or otherwise significantly
modify the terms of the Agreement.
9. PROGRESS REPORTS AND PERFORMANCE b1ONITORING
(a) Progress Reports. Recipient shall provide to the Council 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. Reports may be
submitted in any form agreed to by Council's Project Manager and Recipient, and may include
emits, memos, and letters.
(b) Performance Monitoring. For as long as the Project is operational, the Council shall have
the right to inspect the operation of the Pmject during normal business hours upon reasonable
prior notice. Recipient shall make available to the Council any data that is requested pertaining
to performance of the Project.
10. FAILURE TO COMPLETE PROJECT.
(a) Should Recipient fail to complete the Project, Recipient shall refund to the Council all of
the funds provided to Recipient pursuant to this Agreement. However, the Council, 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 Council 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 Council 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 Completion Date 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 shot] 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.
(c) This paragraph shall survive the termination or expiration of this Agreement.
It. TERMINATION. The IRL Council may terminate this Agreement without cause upon 10 days
written notice. In such event Recipient shall be compensated for all Work performed in accordance
with this Agreement to the effective date of termination. If Recipient materially fails to fulfill its
obligations under this Agreement, including any specific milestones established herein, the Council
shall provide Recipient written notice of the deficiency by forwarding a Notice to Core, citing the
specific nature of the breach. Recipient shall have thirty (30) days to cure the breach. If Recipient
fails to cure the breach within the thirty (30) day period, the Council shall issue a Termination for
Default Notice and this Agreement shall be terminated upon receipt of said notice. In such event,
Recipient shall refund to the Council all funds provided to Recipient pursuant to this Agreement within
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thirty (30) days of such termination. The Council may also terminate this Agreement upon ten (10)
days written notice in the event any of material misrepresentations in the Project Proposal.
ADDITIONAL PROVISIONS (Alphabetical)
12, ASSIGNMENT. Recipient shall not assign this Agreement, or any monies due hereunder, without
the Council'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 Council and any of Recipient's
contractors or subcontractors.
13. 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 fomct that can be easily reviewed. Recipient shall keep the records of receipts and
expenditures, copies of all reports submitted to the Council, and copies of all invoices and
supporting documentation for at least dtree (3) years after expiration of this Agreement. In
accordance with generally accepted governmental auditing standards, the Council 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 mid all questions are resolved Recipient will
provide proper facilities for access to and inspection of all required records.
(b) Repayment of Funds. Council funding shall be subject to repayment after expiration of this
Agreement if, upon audit examination, the Council finds any of the following: (1) Recipient
has spent funds for purposes other than as provided for herein; (2) Recipient has failed to
perform a continuing obligation of this Agreement; (3) Recipient has received duplicate funds
from the Council for the same purpose; and/or (4) Recipient has received more than one
hundred percent (100%) contributions through cumulative public agency cost -share funding.
14. CIVIL RIGHTS. Pursuant to chapter 760, Fla. Son., 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.
15. 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 Council's Project Manager no later than ten (10) business days after the
precipitating event. If not resolved by the Project Manager, the Project Manager shall forward the
request to the Council's General Counsel, which shall issue a written decision within ten (10)
business days of receipt. This determination shall constitute final action of the Council and shall
then be subject tojudicial review upon completion of the Project.
16. DIVERSITY REPORTING. The Council 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 Council 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.
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17. 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 Indian River 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 [lie right to jury trial.
18. INDEPENDENT ENTITIES. The parties to this Agreement, their employees and agents, are
independent entities and not employees or agents of each other. Nothing In this Agreement shall
be interpreted to establish arty relationship other than that of independent entities during and after
the term of this Agreement. Recipient is not a contractor of the Council. The Council is providing
cost -share funding m 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 and tax laws pertaining to Recipient, its officers, agents, and employees.
19. INTEREST OF RECIPIENT. Recipient certifies that no officer, agent, or employee of the
Council has any material interest, as defined in chapter 112, Fla. Star, 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.
20. NON -LOBBYING. Pursuant to section 216.347, Fla. Slat., as amended, Recipient agrees that funds
received from the Council under this Agreement shall not be used for the purpose of lobbying the
Legislature or any other state agency.
21. 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.
22. PUBLIC ENTITY CRLYIE. 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 s. 287,017 for CATEGORY TWO ($35,000) for a period of 36
months following the date of being placed on the convicted vendor list.
23. PUBLIC RECORDS.
(a) 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. Slat. If
Recipient receives a public records request, Recipient shall promptly notify the Council's
Project Manager. Each party reserves the right to cancel this Agreement for refusal by the
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other party to allow public access to all documents, papers, letters, or other material related
hereto and subject to the provisions of chapter 119, Fla. Stat, as amended.
(b) IF RECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE RECIPIENTS'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE
COUNCIL'S CUSTODIAN OF PUBLIC RECORDS AT (772) 742-
2858, KOLODN'YaIRLCOUNCIL.ORG, 1235 MAIN STREET,
SEBASTIAN, FLORIDA 32958.
(c) Recipient shall keep and maintain public records required by the Council to perform the
Project-
(d) Upon request from the Council's custodian of public records, Recipient shall provide the
Council with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla.
Stat. or as otherwise provided by law.
(e) Recipient shall ensum that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor does
not transfer the records to the Council.
(1) Upon completion of the contract, Recipient may transfer, at no cost, to the Council all public
records in possession of the Recipient or keep and maintain public records required by the
Council to perform the service. If the Recipient transfers all public records to the Council upon
completion of the contract, the Recipient shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the
Recipient keeps and maintains public records upon completion of the contract, the Recipient
shall meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the Council, upon request from the Council's custodian of
public records, in a format that is compatible with the information technology systems of the
Council.
24, 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 Council harmless from loss to the extent
allowed by Florida law.
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IN WITNESS WHEREOF, the IRL Council ha caused this Agreement to be executed on
the day and year tvrown below in its name by its Executive Director, and Recipient bus caused this
Agreenew to be executed on the day and year writtwn below in its name by its duly authorized
wimesentathes, and. if* appropriate. has caused the seal or the corporation to be attached This
Agreement may be etccuttd in sepurate counterparts, o'hich shall not affect its validity. Upon
execwion, this Agreement CmeuinneS fine entire agreement of the panics, notwithstanding any
stipulations. representations, agreements, or promises, oval or otherwise. not printed ur inserted
herein. This Agreement cannot be changed by any meats other than written amendments
referencing this Agreement and signed by all parties.
IRL COUNCIL
yn
By: /IVfa r- G-
Duane E. De Freese, Ph.D.. sn$tive Director
Date:
APPR VED By THE IRL
GENFL 'O NSEL
Carolyn S. nsay. General Counsel
ATTACHMENTS
CITY OF SEBASTIAN
By`�T��—�=` —
Paul E. C�tlisle, City Manager
Typed Name and Title Date: J�Z /�
Attest: jtamfte
.7 tte Williams, tM1C - City Clerk
Typed Name and Title
Attachment A - Statement of W'orb
Attachment B - Council Supplemental Instruction Fortin
Ow,hmc Agency general
Last upJaied: 7.03.2019
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ATTACHMENT A -STATEMENT OF WORK
I. PROJECT NAME:
Sebastian CRA Septic to Sewer Conversion Program (SSP)
11. INTRODUCTION/BACKGROUND:
The Sebastian CPA Septic -to -Sewer Conversion Program (hereinaher referred to as SSP) is
designed to provide individual grants to qualified property owners for costs incurred to remove an
operational septic tank system that serves an occupied facility or building and connects to the
Indian River County sanitary sewer system. The SSP is available to businesses or residences
located within the CRA District currently utilizing septic systems. Grant funds will be disbursed
as a reimbursement after receipts and documentation is submitted and inspection of improvements
occurs.
Ill. PROJECT VALUE PROPOSITION STATEMENT:
The City of Sebastian established a wastewater sewer hook-up program in 2014 that offered
incentives to property owners in the Riverfront CRA in the removal of existing septic tanks and
hook-up to existing sewer lines. Since the start of this project the number of applicants (and septic
lank conversions) has increased due to the support from the Indian River Lagoon Council
matching grant, gravity sewer line installation by Indian River County, and increased educational
efforts by the City. Currently connection cost to tie into the existing sewer force main along Indian
River Drive have been high resulting in 21 conversions in a two-year period. With the addition of
the gravitational line within the northern CRA district, approximately 50 properties are now
eligible for septic to sewer conversion at a lower cost. This program has the capability of
incentivizing the conversion of the majority of septic systems in this area. A long-term benefit is
die removal of excess nutrients and other pollutants from legacy sources resulting in a reduction
in harmful algal blooms and potential increase in the return of healthy seagrass beds.
IV. LOCATION OF PROJECT:
The project is concentrated within the Riverfrom Community Redevelopment Area (CRA) in the
City of Sebastian. The CRA consists of approximately 400 acres located at Latitude 27,821963,
Longitude-80.4711214. The CRA is bounded by the City limits to the north and south, and the
railroad and Indian River Lagoon on the west and east, including approximately 9654 lint r feet
of Indian River Lagoon shoreline. An expansion was created in 2003 to include the industrial
triangle area along CR 512,
V. SCOPE OF WORK:
Quarterly Spreadsheet documenting number, location and costs of conversions; number of all
events and copies of all educational material; estimate of nitrogen reduction utilizing industry
standard method.
Final report provides a summation of the 12-month data, findings and financials.
VI. PROJECT TASK IDENTIFICATION:
Task 1: Complete Council's Initial Project Executive Summary Sheet
Task 2: Create quarterly spreadsheet to include: applicant name, address, septic systems, cost
of connection, estimated nitrogen reduction, and proximity to surface water.
Task 3: Send postcard announcement to all eligible property owners.
Task 4: Load application onto City website, distribute to Chamber of Commerce.
Task 5: Review all educational documents to ensure accurate message and incentives.
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Task 6: Document all events and educational documentstopportunities.
Task 7: Record all septic to sewer conversions within the CRA.
Task S: Record all reimbursements of grant funds.
Task 9: Summarize findings each quarter and in final report.
VIL DELIVERABLES AND TIME FRAMES:
Deliverable 1, October 31, 2019: Council's Initial Project Executive Summary Sheet
Deliverable 2, January 15, 2019: Quarterly Report that includes Council's Quarterly Report
Summary Cover Page and a Quarterly Spreadsheet of documentation of
conversions (location, tanks, casts, dale); Copies of all educational material and
events; Estimate of nitrogen reduction utilizing industry standard method.
Deliverable 3, April 15, 2020: Quarterly Report that includes Council's Quarterly Report
Summary Cover Page and a Quarterly Spreadsheet of documentation of
conversions (location, tanks, costs, date); Copies of all educational material and
events; Estimate of nitrogen reduction utilizing industry standard method.
Deliverable 4, July 15, 2020: Quarterly Report that includes Council's Quarterly Report
Summary Cover Page and a Quarterly Spreadsheet of documentation of
conversions (location, tanks, costs, date); Copies of all educational material and
events; Estimate of nitrogen reduction utilizing industry standard method.
Deliverable 5, September 30, 2020: Final report that includes Council's Final Report Executive
Summary Cover Page and documentation of annual sum of conversions (location,
tanks, costs, dale); Report of all educational material and events; Estimate of
nitrogen reduction utilizing industry standard method; Financial Summary.
VIII. BUDGET:
Deliverable Line
Deliverable
IRL Council
Cost Share Cost share
Item
Funding
Funding Funding Source
Amount
Amount (Cash or Inkind)
I
Initial Project
$0
$0 N/A
Executive
Ssheet
2
Quarterly Report
$25,000
$25,000 City of
Sebastian (Cash)
3
Quarterly Report
$25,000
$25,000 City of 11
Sebastian (Cash)
4
Quarterly Report
$25,000
$25,000 Cityof
Sebastian (Cash)
5 I
Final Report
$25,000
$25,000 City of
Sebastian (Cash)I
Summary of
$100,000
$100,000
Costs
Total Project I
$200,000
Cost
Page 11
Contracts IRL2019-17
Encumbrance# GL 01-1730
ATTACHMENT B—COUNCILIS SUPPLE;II ENTAIL INSTRUCTIONS (sample)
COUNCIL SUPPLEMENTAL INSTRUCTIONS#
DATE:
TO:
FROM: , Project Manager
CONTRACTIPURCHASE ORDER NUMBER --
CONTRACT TITLE:
The Work shall be carried out in accordance with the following supplemental instruction issued in accordance
with the Contract Documents without change in the Contract Sam or Contract Time. Prior to proceeding in
accordance with these instructions, indicate youracceptance of these instructions for minor changes to the work
as consistent with the Contract Documents and return to the Council's Project Manager.
1. CONTRACTOR'S SUPPLEMENTAL INSTRUCTIONS:
2. DESCRIPTION OF WORK TO BE CHANGED:
3. DESCRIPTION OF SUPPLEMENTAL INSTRUCTION REQUIREMENTS:
Contractor's approval: (choose one of the items below):
Approved: Date:
(It is agreed that these instructions shall not result in a change in the Total Compensation or the Completion
Date.)
Approved: Date:
(Contractor agrees to implement the Supplemental Instructions as requested, but reserves the right to seek
a Change Order in accordance with the requirements of the Agreement.)
Approved: Date:
, Council Project Manager
Acknowledged: Date:
, Council Contracts Administrator
cc: Contract/Purchasing file
Page 12
North Sebastian Septic to Sewer- Phase I
sf =
Assessment
Frequently Asked Questions
October 23, 2018
Updated April 17, 2019
Connecting to the County Sewer Svstem
Q: when may 1 connect?
A: Construction of the sewer system is now complete and County Sewer is available.
Q: How much is the Assessment Amount?
A: The Final Assessment Amount has been determined and been ratified as of May xx, 2019. The accompanying
letter dated May xx, 2019 indicates your assessment amount.
In addition to the assessment amount, owners connecting to sewer would also incur the following:
Sewer Impact Fee Per Code 201.09 1 1 ERU @ $2,796.00 Each I $2,796.00'
Sewer Deposit 1 Deposit @ $50.00 per ERU I $50.00
New Service Fee if not an existing utility 1 New Service Fee @ $25.00 $25.00
customer
Lien Release Amount 1 $10.00
Total $2,881.00
If your property is an existing business/home you may qualify for assistance. See below.
Q: Are there any incentives to connect sooner?
A: Yes. Indian River County Board of County Commissioners approved an incentive program for existing
businesses/homes for impact fee waivers based on a sliding scale as depicted below.
North Sebastian Septic to Sewer -Phase I Assessment
i Frequently Asked Questions
October 23, 2018
April 17, 2019-updated
Year
Subsidized
Impact fee paid by IRC
Impactfee/Property Owner
Cost
Responsibility
1
100 %
$2,796.00
$ 0.00
2
80 %
$2,236.80
$ 559.20 Il
3
60%
$1,677.60
_
$1,118.40 JI
4
40%
$1,118.40
$1,677.60 Il
5
20 %
$ 559.20
$2,236.80 JI
11
6
0%
$ 0.00
$2,796.00
Also, if the benefitting parcel Is within the City of Sebastian (COS) then COS maybe able to assist in the Impact Fee,
abandonment of the septic tank, and the sewer lateral to connect to the County centralized sewer system. Please
call Michelle Faulkner with COS at 772-589-5518.
Q: Do 1 have to pay the Final Assessment Amount in full after connecting to County sewer?
A: No. Residents have two options available to them for paying the Assessment:
1. One yearfrom Resolution 4 customers will automatically be billed the first of 10 annual payments, including
interest accruing at 2.0%; or
2. Customers may pay the assessment amount in full within 90 days following Resolution 4 and avoid interest
charges.
Q: I choose not to connect; do I still pay the Assessment Amount?
A: Yes, all benefitting properties in the assessment area will be responsible for paying the assessment amount.
Q: Is connection to the County Sewer System Mandatory?
A: Connection is mandatory within 5-years from the adoption of Resolution IV or by May xx, 2024 for existing
businesses/homes. Connection is mandatory for new construction per IRC Ordinance 918.05.
Q: What happens to an existing septic tank and how will my property be connected to the new sanitary sewer
main in front of my property?
A: An existing septic tank must be cleaned and either removed or broken in place and filled with sand or other
acceptable materials. To do so requires a permit from the Department of Health (DOH). Please call DOH at 772-
794-7400 or visit htto:/Iindianriver.floridahealth.gov/
A sewer line will need to be installed from an existing home and connected to the sewer main in front of the
property. This work is performed by a licensed plumbing contractor and certified septictank removal contractor.
The costs may vary, depending upon the amount of landscaping that must be removed or relocated. An estimated
cost is In the $2,000 range.
North Sebastian Septic to Sewer -Phase l Assessment
='Y Frequently Asked Questions
..I October 23, 2019
April 17, 2019-updated
Q: If I have a vacant property now, will I also be assessed for sewers, and will I pay additional sewer fees when I
build in the future?
A: Benefiting vacant properties will be assessed, just like properties with existing structures. When a structure is
built in the future, the impact fee or the Equivalent Residential Unit (ERU) will be determined based on the site plan
application. Therefore, there will not be any additional sewer assessments other than the capacity cost ($2796 per
ERU) plus other miscellaneous cost as outlined above.
Q: How much will this increase the value of my property?
A: We do not have any information concerning the possible increase in property value following the Installation of
a sewer main. We would suggest that you contact a realtor in the area to help determine any changes in value due
to the sewer main installation.
Q: Do I haw: to connect to County water at the same time?
A: yes. Any benefitting parcel in the assessment area currently not connected to County Water is required to
connect per Indian River County (IRC) Ordinance 201.04. The fees to be paid at time of establishing water service
are as follows:
• Impact fee of$1,300.00 for each single-family residence
• Water service connection —5/8" to 1.5" meter $2,785.00 (if a tap does not exist)
• Meter installation charge of $130.00
• $50.DO deposit
• $25.00 service fee
Q: How do I connect to the Sewer/Water System?
A: Stop by Utility Customer Service to establish a utility sewer account and request meter installation.
Opening a service account may be done at either of two location:
• 180127th Street, Building A, Vero Beach, FL 32960; or
• 11604 US Highway 1, Sebastian, FL. 32958
Q: How much will my monthly water & sewer bill be?
A: The average customer uses 5,000 gallons of water per month and is billed $20.12 forwater and $29.98 for sewer.
Your bill may be a bit more or less.
Q: Who do 1 call if 1 have further questions?
A: If you have any other questions, please contact our Utility Customer Service Representatives at (772) 770-5300.
CITY OF SEBASTIAN JJ INDIAN RIVER LAGOON COUNCIL
im y
S EB,AST_"
HOME OF PELICAN ISLAND
The City of Sebastian seeks to promote, preserve and protect Sebastian's waterfront heritage through Indian
River Lagoon praservation efforts. With the sunset of the Cost -Share Aareement between the Indian River
La on Council (IRL Council) and the City of Sebastian for the Septic to Sewer Grant Incentive Program within
theNRA district. the City Council has established criteria for mown )p forward with the remainina funds. The
City may be able to increase this incentive oroaram in 2019 by leveraaina future arant funds when they
become available.
The Sebastian Septic -to -Sewer Grant Program (hereinafter referred to as SSP) is designed to provide
individual grants to qualified property owners for costs incurred to remove an operational septic tank system
that serves an occupied faciliy or buildino and connects to the Indian River County sanitary sewer system.
The SSP is available to businesses or residences located within the CRA District currently utilizing septic
systems. In order to provide an eouitable program. the City will provide award amounts based on connection
tvoas at a 2517501. cost share. Hereinafter. oroperties with seotic syystems with connection to available gravity
main sanitary sewer will receive award amounts not to exceed Y?l)00. Prooerties with seotic s.,stems with
connection to available pressurized main sanitery sewer will receive award amounts not to exceed S10.000..
Prooerties with more than one operational seotic system may receive uo to $5000 oer tank in addition to the
connection amount. Grant funds will be disbursed as a reimbursement after receipts and documentation are
submitted and inspection of improvements occur. Grants from this program will not be awarded for sanitary
improvements made prior to filing a completed application. Grants shall be awarded at the sole discretion of
the CRA Board.
1. The application package includes:
A. Completed application (provided by the City of Sebastian, see attached),
B. Proof of ownership of the property;
C. Proof of paid taxes and certification that owner is current on any payment obligations to the City
of Sebastian;
D. Proof of Utility Permit submittal to Indian River County with copy of plan.
E. Current copy of vendor bid/quote.
2. Upon completion of the improvements, the applicant shall submit a "reimbursement package" to the City
which includes:
A. Completed Reimbursement Form (provided by the City of Sebastian, see attached);
B. Copies of applicable invoices, receipts, and/or cancelled checks.
C. Proof that the septic tank has been taken out of service, pursuant to State regulations.
D. Copies of records which indicate that the improvements have been appropriately inspected and
are in operation;
E. Copy of W-9 Form for grant fund reimbursement.
3. If the project is not commenced (with a filed Application for a Building Permit or Utility Permit) within six (6)
months of grant award or is not completed (with the final inspection) within one (1) year of the grant award,
the award shall expire. The applicant may request a six (6) month extension from the CRA Board.