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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 Page I Contract# IRL2019-17 Encumbrance: GL 01-1730 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 Page 2 Contract; IRL2019-17 Encumbrance; GL 01-1730 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 Page 3 Contracts IRL2019-17 Encumbrance: GL 01-1730 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 Page 4 Contract# IRL2019-17 Encumbrance# GL 01-1730 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 Page 5 Contract# IRL2019-17 Encumbrance# GL 01-1730 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. Page 6 Contract# IRL2019-17 Encumbmncc# GL 01-1730 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 Page 7 Contract! IRL2019-17 Encumbrance: GL 01-1730 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. Page 8 Conincw IRI.21119-17 Encumbnmc^d GL 0I-1 ]dU 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 page 9 Contract# IRL2019-17 Encumbrance# GL 01-1730 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. Page 10 Contract# IRL2019-17 Encumbrance# GL 01-1730 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.