MEETING OF THE DISTRICTS Tuesday, February 19, :30 AM 600 S. Commerce Ave. Sebring, FL AGENDA

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1 MEETING OF THE DISTRICTS Tuesday, February 19, :30 AM 600 S. Commerce Ave. Sebring, FL AGENDA DISTRICTS LIST AVON PARK ESTATES S. B D. ORANGE VILLA MOBILE HOME ESTATES S. B. D. BONNETT CREEK ACRES S. B. D. PLACID LAKES S. B. D. DESOTO CITY S. B. F. D. PLACID LAKES S. B. F. D. HICKORY HILLS S. B. D. RED HILL FARMS IMPROVEMENT DISTRICT HIGHLANDS PARK ESTATES S. B. D. SEBRING ACRES S. B. D. HIGHLANDS PARK S. B. F. D. SEBRING COUNTRY ESTATES S. B. D. HIGHWAY PARK S. B. D. SEBRING HILLS S. B. D. LAKE HAVEN ESTATES S. B. D. SEBRING MANOR S. B. D. LAKE PLACID S. B. F. D. SOMERVALE DOWNS S. B. D. LEISURE LAKES S. B. F. D. THUNDERBIRD ROAD WASTEWATER S. B. D. LORIDA S. B. F. D. VANTAGE POINTE II S. B. D. ORANGE BLOSSOM ESTATES S. B. D. VENUS SPECIAL B. F. D. ORANGE BLOSSOM UNIT 12 S. B. D. WEST SEBRING S. B. F. D. ISTOKPOGA MARSH WATERSHED IMPROVEMENT DISTRICT SUN N LAKE ESTATES AND ACREAGE OF LAKE PLACID S. B. D. SUN N LAKES OF LAKE PLACID RECREATION DISTRICT HIGHLANDS LAKES SPECIAL TAX DISTRICT COUNTYWIDE FIRE DISTRICT 1 MEETING CALLED TO ORDER 2 CITIZENS NOT ON THE AGENDA 3 CONSENT AGENDA 3.A Request approval of the minutes from the December 18, 2018, January 8 and 22, 2019, and February 5, 2019 Meetings of the Districts SPC.pdf SPC.pdf SPC.pdf SPC.pdf 4 ACTION AGENDA 4.A Request approval of Budget Amendment and associated Resolution for Project IMWID Phase II. Dawn Ritter, Natural Resources Manager The fiscal impact will be a reduction of $4,000, to the budget for Project IMWID Phase II. 1

2 SBD Proj IMWID Remove $4 Million (BA).pdf R SBD Proj IMWID Remove $4 Million (Resolution).pdf 4.B Request to approve and execute Amendment No. 9 to Agreement with South Florida Water Management District and Florida Department of Agriculture and Consumer Services for Istokpoga Marsh Watershed Improvement District Above-Ground Impoundment, Project No Dawn Ritter, Natural Resources Manager Suzanne Hunnicutt, Capital Projects Manager There is no fiscal impact beyond the additional $475, that was previously committed to Project Amendment 9_VB_Revisions_JM.pdf 5 ADJOURN Any person who might wish to appeal any decision made by the Board of County Commissioners of Highlands County, Florida, in public hearing or meeting is hereby advised that he will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made which will include the testimony and evidence upon which such appeal is to be based. The Board of County Commissioners of Highlands County, Florida, does not discriminate upon the basis of any individual's disability status. This non-discrimination policy involves every aspect of the Board's functions, including one's access to, participation, employment or treatment in its programs or activities. Anyone requiring reasonable accommodation as provided for in the Americans with Disabilities Act or Section Florida Statutes should contact Ms. Pam Rogers, ADA Coordinator at: (Voice), or via Florida Relay Service 711, or by progers@hcbcc.org. Requests for CART or interpreter services should be made at least 24 hours in advance to permit coordination of the service. PLEASE NOTE OUR WEB SITE ADDRESS: For more information on the meeting, see the County Commission page online: Any invocation that may be offered before the official start of the Commission meeting shall be the voluntary offering of a private citizen, to and for the benefit of the Commission. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Commission, and the Commission is not allowed by law to endorse the religious beliefs or views of this, or any other speaker. 2

3 HIGHLANDS COUNTY COUNTY COMMISSION AGENDA ITEM DATE OF ACTION REQUEST: FEBRUARY 19, 2019 PRESENTER: SUBJECT/TITLE: Request approval of the minutes from the December 18, 2018, January 8 and 22, 2019, and February 5, 2019 Meetings of the Districts. RECOMMENDED ACTION Move to approve the minutes from the December 18, 2018, January 8 and 22, 2019, and February 5, 2019 Meetings of the Districts. Attachments: SPC.pdf SPC.pdf SPC.pdf SPC.pdf 3

4 BOOK 2 PAGE 888 MEETING OF THE SPECIAL DISTRICTS, DECEMBER 18, The meeting was called to order at 11:26 a.m. in the Highlands County Board of County Commission Chambers at 600 S. Commerce Avenue, Sebring, Florida, with the following members present: Commissioner James L. Brooks Commissioner Don Elwell Commissioner Arlene Tuck Commissioner William R. Handley Commissioner R. Greg Harris Also present: Randy Vosburg, County Administrator; Tasha Morgan, Assistant County Administrator, Joy Carmichael, County Attorney; Robert W. Germaine, Clerk of Courts; and Pamela Gamez, Deputy Clerk. 2. CITIZENS NOT ON THE AGENDA No participants. 3. CONSENT AGENDA Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve the consent agenda. Upon roll call, all Commissioners voted aye. The motion carried. A. Request approval to pay all duly authorized bills December 18, See Check Report file. SUN N LAKES PLACID FIRE PLACID LAKES SBD 3, ISTOKPOGA MARSH IMP DIST 347, LEISURE LAKES SP TAX FIRE PLACID LAKES FIRE DISTRICT SUN N LAKES PLACID RECRE WEST SEBRING SBF LORIDA SB FIRE DISTRICT LAKE PLACID SB FIRE DIST B. Request approval of the minutes from the November 20, 2018 and December 4, 2018 Meetings of the Special Districts. See Clerk of Courts website. 4. ACTION AGENDA 5. ADJOURN The meeting was adjourned at 11:27 a.m SPC

5 BOOK 2 PAGE 889 MEETING OF THE SPECIAL DISTRICTS, JANUARY 8, The meeting was called to order at 10:05 a.m. in the Highlands County Board of County Commission Chambers at 600 S. Commerce Avenue, Sebring, Florida, with the following members present: Commissioner James L. Brooks Commissioner Don Elwell Commissioner Arlene Tuck Commissioner William R. Handley Commissioner R. Greg Harris Also present: Randy Vosburg, County Administrator; Joy Carmichael, County Attorney; Robert W. Germaine, Clerk of Courts; and Maria Brenes, Deputy Clerk. 2. CITIZENS NOT ON THE AGENDA No participants. 3. CONSENT AGENDA Commissioner Elwell stated that item 3C was a duplicate of item 3B. Commissioner Elwell made a motion and Commissioner Handley seconded the motion, to move to approve the consent agenda, with the removal of item 3C. Upon roll call, all Commissioners voted aye. The motion carried. A. Request approval to pay all duly authorized bills January 8, See Check Report file. SUN N LAKES PLACID FIRE 153, ORANGE VILLA SBD PLACID LAKES SBD 3, ISTOKPOGA MARSH IMP DIST 29, LEISURE LAKES SP TAX FIRE HIGHLANDS PARK FIRE SBF PLACID LAKES FIRE DISTRICT WEST SEBRING SBF SEBRING ACRES LAKE HAVEN ESTATES SBD LORIDA SB FIRE DISTRICT LAKE PLACID SB FIRE DIST B. Request approval of Budget Amendment and Resolution to adjust Special District project rollover balances from FY 17/18 into the current FY 18/19. C. Request approval of Budget Amendment and Resolution to adjust Special District project rollover balances from FY 17/18 into the current FY 18/19. DUPLICATE ITEM REMOVED. 4. ACTION AGENDA No further items to consider. 5. ADJOURN The meeting was adjourned at 10:06 a.m SPC

6 BOOK 2 PAGE 890 MEETING OF THE SPECIAL DISTRICTS, JANUARY 22, The meeting was called to order at 12:55 p.m. in the Highlands County Board of County Commission Chambers at 600 S. Commerce Avenue, Sebring, Florida, with the following members present: Commissioner James L. Brooks Commissioner Don Elwell Commissioner Arlene Tuck Commissioner William R. Handley Commissioner R. Greg Harris Also present: Randy Vosburg, County Administrator; Tasha Morgan, Assistant County Administrator, Joy Carmichael, County Attorney; Robert W. Germaine, Clerk of Courts; and Pamela Gamez, Deputy Clerk. 2. CITIZENS NOT ON THE AGENDA No participants. 3. CONSENT AGENDA Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve the consent agenda. Upon roll call, all Commissioners voted aye. The motion carried. A. Request approval to pay all duly authorized bills January 22, See Check Report file. SUN N LAKES PLACID FIRE ORANGE VILLA SBD PLACID LAKES SBD 3, ISTOKPOGA MARSH IMP DIST 29, LEISURE LAKES SP TAX FIRE HIGHLANDS PARK FIRE SBF PLACID LAKES FIRE DISTRICT WEST SEBRING SBF SEBRING ACRES LAKE HAVEN ESTATES SBD LORIDA SB FIRE DISTRICT LAKE PLACID SB FIRE DIST ACTION AGENDA A. Request to approve Amendment No. 9 to Agreement with South Florida Water Management District and the Florida Department of Agriculture and Consumer Services, and to approve Budget Amendment and associated Resolution, and to approve Change Order No. 7 with Cobb Site Development, Inc., for additional work on Istokpoga Marsh Watershed Improvement District Above-Ground Impoundment, Project No Suzanne Hunnicutt, Capital Projects Manager, and Dawn Ritter, Natural Resources Manager, presented the request. Commissioner Elwell made a motion and Commissioner Handley seconded the motion, to move to approve Amendment No. 9 to the Agreement with South Florida Water Management District and the Florida Department of Agriculture and Consumer Services, and to approve Budget Amendment and associated Resolution, and to approve Change Order No. 7 with Cobb Site Development, Inc., for additional work on Istokpoga Marsh Watershed Improvement District Above-Ground Impoundment, Project No Upon roll call, all Commissioners voted aye. The motion carried. See South Florida Water Management District file, Cobb Site Development file, Res. Book 29 Page 190 & SMB 130 Page ADJOURN The meeting was adjourned at 1:00 p.m SPC 6

7 BOOK 2 PAGE 891 MEETING OF THE SPECIAL DISTRICTS, FEBRUARY 5, The meeting was called to order at 10:21 a.m. in the Highlands County Board of County Commission Chambers at 600 S. Commerce Avenue, Sebring, Florida, with the following members present: Commissioner James L. Brooks Commissioner Don Elwell Commissioner Arlene Tuck Commissioner William R. Handley Commissioner R. Greg Harris Also present: Randy Vosburg, County Administrator; Joy Carmichael, County Attorney; Jerome Kaszubowski, Business Services Director for the Clerk of Courts; and Pamela Gamez, Deputy Clerk. 2. CITIZENS NOT ON THE AGENDA No participants. 3. CONSENT AGENDA Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve the consent agenda. Upon roll call, all Commissioners voted aye. The motion carried. A. Request approval to pay all duly authorized bills February 5, See Check Report file. SUN N LAKES PLACID FIRE DESOTO CITY FIRE ORANGE VILLA SBD HICKORY HILLS SBD PLACID LAKES SBD 4, ISTOKOPOGA MARSH IMP DIST 88, AVON PARK ESTATES SBF LEISURE LAKES SP TAX FIRE HIGHLANDS PARK FIRE SBF SUN N LAKES PLACID RECRE 1, WEST SEBRING SBF LORIDA SB FIRE DISTRICT 1, ACTION AGENDA 5. ADJOURN The meeting was adjourned at 10:22 a.m SPC

8 HIGHLANDS COUNTY COUNTY COMMISSION AGENDA ITEM DATE OF ACTION REQUEST: February 19, 2019 PRESENTER: SUBJECT/TITLE: Dawn Ritter, Natural Resources Manager Request approval of Budget Amendment and associated Resolution for Project IMWID Phase II. STATEMENT OF ISSUE On February 6, 2018 Amendment 9 to Agreement between SFWMD, FDACS and IMWID was approved and executed by the Board sitting as the Board of Supervisors of the Istokpoga Marsh Watershed Improvement District (IMWID). Among other provisions, Amendment 9 documented that FDACS would provide $4,000,000 of funding for the construction of IMWID Phase II. Budget Amendment which allocated that additional funding to the project was also approved. This version of Amendment 9 was never executed by SFWMD and FDACS. Subsequently, it was decided that the funding for Phase II would be removed from Amendment 9 and included in a separate agreement between FDACS and IMWID. The revised version of Amendment 9 was approved and executed by the Board on January 22, 2019 and has been forwarded to SFWMD for execution. However, a separate agreement with FDACS has not yet been executed. Therefore, Budget Amendment is necessary to properly represent the current funding availability. RECOMMENDED ACTION Move to approve Budget Amendment and associated Resolution for Project IMWID Phase II. FISCAL IMPACT The fiscal impact will be a reduction of $4,000, to the budget for Project IMWID Phase II. Attachments: SBD Proj IMWID Remove $4 Million (BA).pdf R SBD Proj IMWID Remove $4 Million (Resolution).pdf 8

9 9 RECEIVED BOAftOOFCOUNTYCOMMISSIONERf BOARD OF COUNTY COMMISSIONERS DATE: 1/30/2019 FEB O ~ O.M.B. DE PAR I Mt:NT ~ - HIGHLANDS COUNTY FLORIDA BUDGET AMENDMENTS (Transfers over $5,000 require Board approval) SUBMITTED BY: Suzanne Hunnicutt FUND(S): _1_09 FUND TITLE(S): lstokpoga Marsh Imp. Dist. COST CENTER(S) #: _7_98_9 IMWID Phase II Above Ground PROJECT(S) #: PROJECT TITLE(S): _lm_,_p_ou_n_d_m_e_n_t COST CENTER TITLE(S): lstokpoga Marsh lmpr. Dist. *list additional cost centers on reverse side of form TYPE FUND COST CENTER ACCOUNT ACCOUNT NAME ACTIVITY BUDGET INCREASE DECREASE REVISED BUDGET R FDEP Grant - Projects , , , R HC Soil & Water Dist ,952, , ,000, R HC Soil & Water Dist ,000, ,000, E Project Improvements ,408, ,000, , REASON: To adjust the rollover for Project IMWID Phase II Above Ground lmpoundment from FY17-18 into FY18-19 to put the full $4mil in the HC Soil & Water District account that then needs to be removed as the final fully executed Amendment 9 elimnated funding for Phase II. It is anticipated that a separate agreement with FDACS will replace this funding. OFFICE USE ONLY 0MB RECOMMENDATION: v' Approval Denial Signature <),_,. ed,,t;;;;' ~~ Date: I I 19 ACTION: SIGNATURE: DATE: REQUEST# Board County Administrator Approved Approved --- TRANSFER TYPE: --- ITEM TO ITEM RESERVE Denied --- Denied xx BY RESOLUTION SUPPLEMENTAL BUDGET --- Distribution: Accounting Purchasing -----Department Form Revised 10/11/2010

10 10 RESOLUTION NO A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF HIGHLANDS COUNTY, FLORIDA, AUTHORIZING AMENDMENT TO THE ISTOKPOGA MARSH WATERSHED IMPROVEMENT DISTRICT FUND. WHEREAS, Section , Florida Statutes (Execution and Amendment of Budget) provides that the Board of County Commissioners may by resolution or by motion in the minutes execute and amend the budget; and WHEREAS, the following budget amendment is necessary and proper within the Istokpoga Marsh Watershed Improvement District Fund; and WHEREAS, it is necessary to adjust the rollover project balances from FY 17 / 18 into the current FY 18/19; and WHEREAS, it is necessary to remove the funding provided by FDACS based on the final fully executed Amendment 9. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners in and for Highlands County, Florida this day of, 2019 that budget amendment is hereby approved and authorized. BOARD OF COUNTY COMMISSIONERS OF HIGHLANDS COUNTY, FLORIDA Chairperson ATTEST: Clerk of Courts Approved as to Budgetary Requirements Jib,.Q_ 2'.?i ~ Dep"rtmont < G:\BUS\OMB\.new omb (to be retained)\budget AMENDMENTS\Resolutions\Resolutions \18-19-XXXR SBD_project IMWID Removal of 4mil.docx

11 HIGHLANDS COUNTY COUNTY COMMISSION AGENDA ITEM DATE OF ACTION REQUEST: February 19, 2019 PRESENTER: SUBJECT/TITLE: Dawn Ritter, Natural Resources Manager Suzanne Hunnicutt, Capital Projects Manager Request to approve and execute Amendment No. 9 to Agreement with South Florida Water Management District and Florida Department of Agriculture and Consumer Services for Istokpoga Marsh Watershed Improvement District Above-Ground Impoundment, Project No STATEMENT OF ISSUE On January 22, 2019 the Board approved Amendment No. 9 with South Florida Water Management District (SFWMD) and Florida Department of Agriculture and Consumer Services (FDACS) for the Istokpoga Marsh Watershed Improvement District Above-Ground Impoundment District. Among other things, the amendment documented that FDACS would be providing an additional $475, of funding to the project. FDACS has requested that the language of the amendment be modified to clarify that their commitment to provide the additional funding had already been documented through a separate cost share agreement with the County and that Amendment No. 9 was merely a restating of that commitment and not an agreement to provide additional funding. Staff recommends that these changes be accepted and the revised Amendment No. 9 be executed. RECOMMENDED ACTION Move to approve and execute Amendment No. 9 to Agreement with South Florida Water Management District and Florida Department of Agriculture and Consumer Services for Istokpoga Marsh Watershed Improvement District Above-Ground Impoundment, Project No FISCAL IMPACT There is no fiscal impact beyond the additional $475, that was previously committed to Project Attachments: Amendment 9_VB_Revisions_JM.pdf 11

12 SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT AMENDMENT NO. 9 TO AGREEMENT NO BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND ISTOKPOGA MARSH WATERSHED IMPROVEMENT DISTRICT AND FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES This is AMENDMENT NO. 09 (A09) to the Agreement dated March 11, 2009, as amended on August 4, 2009 (A01), March 2, 2010 (A02), March 12, 2012 (A03), January 9, 2013 (A04), December 3, 2013 (A05), March 3, 2015 (A06), October 19, 2015 (A07), and October 26, 2016 (A08) between the Parties, the South Florida Water Management District ( SFWMD ), Istokpoga Marsh Watershed Improvement District ( IMWID ), and the Florida Department of Agriculture and Consumer Services ( FDACS ). This Amendment along with the March 2009 Agreement and all other Amendments now constitute the entire Agreement and are referred to as the Agreement. Background A. In March 2009, the Parties executed a Cooperative Agreement to initiate the IMWID Water Quality Improvement Project ( Project ) with $3.8 million in funding by the SFWMD for land acquisition. The Project was planned to proceed in multiple stages including land acquisition, engineering/design, permitting, and construction. The Parties originally estimated that the Project would cost approximately $12.5 million to complete. B. In August 2009, the Parties executed AMENDMENT NO.1 (A01) to revise the Deliverable and Payment Schedule. C. In March 2010, the Parties executed AMENDMENT NO. 2 (A02) to add $2,623,146 in funding by the SFWMD for land acquisition. D. In March 2012, the Parties executed AMENDMENT NO. 3 (A03) to extend the term of the Agreement by four (4) years, expiring 30 March E. In January 2013, the Parties executed AMENDMENT NO. 4 (A04) to extend the term of the Agreement by one (1) year, expiring 30 March SFWMD Agreement No , AMENDMENT NO. 9, Page 1 of 4 12

13 SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT F. In December 2013, the Parties executed AMENDMENT NO. 5 (A05) to add $2.0 million in funding by the SFWMD for construction of Phase 1 and $4.0 million in funding by the IMWID, through a Florida Department of Environmental Protection (FDEP) Grant S0650, for design and construction of Phase 1. G. In March 2015, the Parties executed AMENDMENT NO. 6 (A06) to add $300,000 in funding by the FDACS for design of Phase 2. H. In October 2015, the Parties executed AMENDMENT NO.7 (A07) to allow the IMWID to select a consulting firm from the IMWID list of pre-qualified consultants for design of Phase 2. I. In October 2016, the Parties executed AMENDMENT NO. 8 (A08) to add $1,639,000 in funding by the FDACS as follows: $1.5 million for construction of Phase 1 and $139,000 for design and permitting of Phase 2. J. The Parties desire to extend the term of the Agreement to clarify funding by the SFWMD, IMWID and FDACS, to refine the Statement of Work, to revise the Deliverable and Payment Schedule, and to incorporate a Work Plan. Terms and Conditions 1. The term of the Agreement is hereby extended and the expiration date, as amended, is June 30, The Parties intended to extend this Agreement before the Agreement expiration date, but failed to do so; however, work has continued and the Parties have continued to act as if the Agreement was still in full force and effect. The Parties agree that this extension shall be retroactive to the expiration date stated in A04 and the Parties shall continue to progress toward completion of the Project in good faith. The Parties agree that this extension shall be retroactive to the expiration date stated in A This AMENDMENT NO. 9 is at no cost to the SFWMD. The monetary consideration for this Agreement by the SFWMD remains unchanged for a total not-to-exceed amount of eight million four hundred twenty-three thousand one hundred forty-six dollars and no cents ($8,423,146.00). In the event IMWID fails to perform its duties under this Agreement, the IWMID will return to the SFWMD all funding provided by the SFWMD to the IMWID for which IMWID has not performed services under this Agreement. 3. This AMENDMENT NO. 9 is at no cost to the IMWID. The monetary consideration for this Agreement by the IMWID remains unchanged for a total not-to-exceed amount of four million dollars and no cents ($4,000,000.00). 4. This AMENDMENT NO. 9 is at no cost to the FDACS. The monetary consideration by FDACS outlined in this Agreement has increased by four hundred seventy-five thousand dollars and no cents ($475,000.00) for a total revised not-to-exceed amount of two million four hundred fourteen SFWMD Agreement No , AMENDMENT NO. 9, Page 2 of 4 13

14 SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT thousand dollars and no cents ($2,414,000.00). All FDACS obligation and payment for obligation for funding to this project is provided through separate cost-sharing BMP agreements between Highlands County (IMWID) and Highlands County SWCD, and Highlands County ( IMWID) and Okeechobee SWCD, including but not limited to Cost Share BMP Agreement Contracts and Contracts as amended. FDACS is a party to this Amendment NO. 9 to clarify funding sources for the IMWID Water Quality Project, as described in Exhibit X and shown in Exhibit Y. Invoices must demonstrate all work was performed prior to expiration date of AMENDMENT NO. 9. In the event IMWID fails to perform its duties under this Agreement, the IWMID will return to the FDACS all funding provided by the FDACS to the IMWID for which IMWID has not performed services under this Agreement. Time is of the essence and all FDACS share amounts must be expended before 30 June The total not-to-exceed amount for the Agreement is hereby revised to fourteen million eight hundred thirty-seven thousand one hundred forty-six dollars and no cents ($14,837,146.00). 6. The Statement of Work (SOW), attached hereto as Exhibit "X" is hereby incorporated into the Agreement, made a part of this AMENDMENT NO. 09, and replaces all previous Exhibits, A through A3. 7. The Deliverable and Payment Schedule, attached hereto as Exhibit Y is hereby incorporated into the Agreement, made a part of this AMENDMENT NO. 9, and replaces all previous Exhibits, B through B9. 8. The Work Plan, attached hereto as Exhibit Z, is hereby incorporated into the Agreement and made a part of this AMENDMENT NO. 9. Changes to the Work Plan must be accepted by all parties in writing. Acceptance of the changed Work Plan will be automatically incorporated into this amendment as an update. 9. All other terms and conditions of the Agreement and its previous Amendments remain unchanged. 10. This Amendment shall become effective on the date last signed by the Parties below. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK SFWMD Agreement No , AMENDMENT NO. 9, Page 3 of 4 14

15 SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this AMENDMENT NO. 09 on the last date of execution below. South Florida Water Management District By Its Governing Board By: Date: Candida Heater, Acting Director Administrative Services Division SFWMD PROCUREMENT APPROVED BY: DATE: Florida Department of Agriculture and Consumer Services By: Title: Date: Istokpoga Marsh Watershed Improvement District By: Title: Date: James L. Brooks Chair of the Board of County Commissioners Of Highlands County Florida as the Board of Supervisors Of the Istokpoga Marsh Watershed Improvement District SFWMD Agreement No , AMENDMENT NO. 9, Page 4 of 4 15

16 EXHIBIT X STATEMENT OF WORK ISTOKPOGA MARSH WATERSEHD IMPROVEMENT DISTRICT 1.0 INTRODUCTION AND BACKGROUND WATER QUALITY PROJECT The IMWID is located within Highlands County approximately 20 miles southeast of Sebring, Florida. It encompasses approximately 22,000 acres of sod farms, citrus groves, caladium and row crop fields, improved and unimproved pastures, as well as nursery and aquaculture operations. The IMWID owns, operates, and maintains a network of canals and water control structures for water supply and flood protection purposes. This secondary conveyance system, which has limited capacity for flow attenuation and water quality treatment/improvement, discharges to the primary conveyance system (C-41) and contributes a significant mass of total phosphorus (TP) to receiving waters. S-1 and S-9 are the two (2) outfalls for the IMWID. Initial analyses performed by the IMWID in 2008 determined that a 60% reduction in average annual flows and a 70% reduction in TP loads may be achieved through detainment of stormwater within 1,200 acres of above-ground impoundments (AGIs) and implementation of dispersed water management (DWM) strategies. This led to further development of the Project to reduce flows and TP loads within the Lake Okeechobee Watershed in support of the Northern Lake Okeechobee Tributaries Target concentrations, the Basin Management Action Plan (BMAP) for Lake Okeechobee, and the Northern Everglades and Estuaries Protection Plan (NEEPP). The Project is effectively known as Phase 1 and Phase SUMMARY OF COOPERATIVE AGREEMENT AND SUBSEQUENT AMENDMENTS The Cooperative Agreement between the SFWMD, IMWID, and FDACS to begin implementation of the Project was executed March It provided funding from the SFWMD in the amount of $3.8 million for land acquisition. The Deliverable and Payment Schedule for the Cooperative Agreement was commensurate with the SOW. The Cooperative Agreement was amended eight (8) times thereafter and a synopsis of each amendment follows. Amendment No. 1 (A01) to the Cooperative Agreement was executed August It included a revision to the Deliverable and Payment Schedule (Exhibit B 1 ) for services provided by the SFWMD associated with environmental assessments in support of land acquisition. Amendment No. 2 (A02) to the Cooperative Agreement was executed March It provided additional funding from the SFWMD in the amount of $2,623,146 for land acquisition and included 1 Based on established nomenclature, the Deliverable and Payment Schedule for A01 should have been identified as Exhibit B1. SFWMD Agreement No , Amendment No. 9, EXHIBIT X, Page 1 of 5 16

17 applicable revisions to the Deliverable and Payment Schedule (Exhibit B2) based on the increase in funding and for services provided by the SFWMD associated with environmental assessments in support of land acquisitions. Amendment No. 3 (A03) to the Cooperative Agreement was executed March It provided a four-year extension of the agreement, expiring 30 March Revisions to the Deliverable and Payment Schedule (Exhibit B3) were made reflecting the extension. Amendment No. 4 (A04) to the Cooperative Agreement was executed January It provided a one-year extension of the agreement, expiring 30 March Revisions to the Deliverable and Payment Schedule (Exhibit B4) were made reflecting the extension. Amendment No. 5 (A05) to the Cooperative Agreement was executed December It provided additional funding from the SFWMD in the amount of $2.0 million and additional funding from the IMWID through a grant from the FDEP in the amount of $4.0 million for Phase 1. Terms and Conditions for the agreement were revised to reflect priorities for the increase in funding. As stated in A05, FDEP grant funds will be exhausted first, before SFWMD funds will be used. After all FDEP funds are used, SFWMD funds will be provided based on IMWID's submission of proper invoices up to a maximum of $2.0 million. Moreover, A05 included significant revisions to the SOW (Exhibit A 2 ) by replacing completed tasks with six (6) new tasks and various subtasks for Phase 1. The amendment also included significant revisions to the Deliverable and Payment Schedule (Exhibit B5) based on the increase in funding and the six (6) new tasks and various subtasks for Phase 1. Amendment No. 6 (A06) to the Cooperative Agreement was executed March It provided additional funding from the FDACS in the amount of $300,000 for Phase 2. A06 included several revisions to the SOW (Exhibit A1 3 ) by inserting three (3) new tasks and various subtasks for Phase 2. A06 also included a new Deliverable and Payment Schedule (Exhibit B6) based on the increase in funding and the three (3) new tasks and various subtasks for Phase 2. Amendment No. 7 (A07) to the Cooperative Agreement was executed October It included revisions to the SOW (Exhibit A2 4 ) by replacing the three (3) tasks with six (6) tasks and various subtasks for Phase 2. A07 also included revisions to the Deliverable and Payment Schedule (Exhibit B7) based on the six (6) tasks and various subtasks for Phase 2. Amendment No. 8 (A08) to the Cooperative Agreement was executed September It provided additional funding from the FDACS in the amount of $1,500,000 for Phase 1 and $139,000 for Phase 2. A08 included revisions to the SOW (Exhibit A3 5 ) by adding design investigations for Channel A and B modifications. A08 also included revisions to the Deliverable and Payment Schedule for Phase 1 and Phase 2 (Exhibits B8 and B9) based on the increase in 2 Based on established nomenclature, The SOW for A05 should have been identified as Exhibit A1. 3 The SOW for A06 should have been identified as Exhibit A2. 4 The SOW for A07 should have been identified as Exhibit A3. 5 The SOW for A08 should have been identified as Exhibit A4. SFWMD Agreement No , Amendment No. 9, EXHIBIT X, Page 2 of 5 17

18 funding and revisions to the SOW. 3.0 OBJECTIVE The primary objectives of the Project include reducing stormwater flows and the mass of TP entering the primary system (C-41) from the IMWID secondary system during normal flow/flood conditions and supplementing demands of the IMWID during normal water supply conditions. 4.0 SCOPE OF WORK The IMWID will complete construction of the Project and all related aspects in accordance with construction drawings, technical specifications, applicable permits, operational criteria, and/or the approved Work Plan (Exhibit Z). Phase 1 will consist of 14,200 feet of levee with a crest elevation of 36.0 feet NAVD, three (3) axial-flow pumps with a combined capacity of 77 cubic feet per second (CFS), a concrete-flume type overflow structure with a length of 300 feet, and a water control structure with an automatic slide gate. The design depth for the 283-acre AGI is 3.5 feet (33.5 feet NAVD). 5.0 WORK BREAKDOWN STRUCTURE This Section describes the work breakdown structure that has been re-organized to clarify funding by the SFWMD, IMWID, and FDACS for completed tasks; and to address remaining unfinished tasks. 5.1 Land Acquisition for Phase 1 Complete. 5.2 Development of Design-Build Contract Documents by Selected Firm for Phase 1 Complete. 5.3 Bidding and Contractor Selection for a Design-Build Engineering Firm/Contractor for Phase 1 Complete. 5.4 Construction Management by a General Engineering Professional Services Firm for Phase 1 The IMWID will select a general engineering firm (Consultant) from the Highlands County Library of Consultants to provide construction management support for Phase 1. The consultant will generally provide all labor, materials and equipment necessary to perform field inspections of the construction effort to verify conformance to the construction drawings and technical specifications; prepare daily reports documenting construction performance and inspections; consult with representatives as well as attend and participate at project construction meetings to update the IMWID, SFWMD, FDACS, and the FDEP on the status of construction performance, inspections, SFWMD Agreement No , Amendment No. 9, EXHIBIT X, Page 3 of 5 18

19 and materials testing; coordinate submittals and requests for information (RFIs) as necessary; conduct field inspections to review and verify environmental protection measures installed by the construction Contractor comply with regulatory requirements; perform quality control materials testing during the construction period, which may include Standard/Modified Proctor tests, Density tests, or Concrete testing; verify work performed and/or documented in payment applications; review As-Built Drawings/records submitted by the Contractor; and identification of punch list and contract closeout review. The IMWID will ensure the Consultant provides a Senior Engineering Technician whom can collect representative samples for laboratory analysis, performing the above-mentioned field testing, and conducting construction inspections and documentations previously described. The IMWID will submit to the SFWMD and FDACS copies of construction management progress/activity reports, completed by the general engineering professional services firm, as deliverables. The progress/activity reports should be submitted with the reimbursement request package unless otherwise requested/required, and they should include relevant details or data resulting from inspections, materials testing, and other quality control analyses. 5.5 Engineering Design for Phase 1 Complete. 5.6 Construction, Certification of Completion, and Final Report for Phase 1 The IMWID shall ensure the selected design-build contractor constructs the project in accordance with the Final Design developed for Phase 1. The IMWID shall submit a certification of completion and final as-built drawings that are signed and sealed by a Professional Engineer registered in the State of Florida. The IMWID shall ensure the selected design-build contractor prepares and submits a Final Project Report to capture the outcome and results of the project that includes, where applicable, why Best Management Practices (BMPs) did not obtain or exceeded the expected removal efficient, any problems encountered and how these problems were overcome, an explanation of project delays, a brief summary of any additional phases yet to be complete, and more. 5.7 Land Acquisition for Phase 2 Complete. 5.8 Design and Development of Contract Documents for Phase 2 Complete. SFWMD Agreement No , Amendment No. 9, EXHIBIT X, Page 4 of 5 19

20 6.0 PARTIAL PAYMENT REQUESTS The IMWID may submit partial payment requests to the FDACS for long-duration and/or highdollar value Tasks in accordance with the Agreement and accompanying Amendments. The partial payment requests shall be submitted no more frequently than monthly, and they shall be commensurate with the percentage or portion of work performed and invoiced as determined by applicable backup documentation such as such as consultant, contractor, and/or vendor pay applications, summary reports, invoices, as well as proof of payment(s). SFWMD Agreement No , Amendment No. 9, EXHIBIT X, Page 5 of 5 20

21 EXHIBIT Y DELIVERBALE AND PAYMENT SCHEDULE ISTOKPOGA MARSH WATERSEHD IMPROVEMENT DISTRICT WATER QUALITY PROJECT Task Description SFWMD Share Amount IMWID Share Amount via FDEP Grant FDACS Share Amount Total Share Amount 1 Land Acquisition for Phase 1 $3,800,000 $0 $0 $3,800,000 2 Development of Design-Build Contract Documents by Selected Firm for Phase 1 $100,000 $10,000 $0 $110,000 3 Bidding and Contractor Selection for Design-Build Engineering Firm/Contractor for Phase 1 $0 $0 $0 $0 4 Construction Management by a General Engineering Professional Services Firm for Phase 1 $0 $200,000 $420,500 $620,500 5 Engineering Design for Phase 1 $0 $320,000 $0 $320,000 6 Construction, Certification of Completion, and Final Report for Phase 1 $1,900,000 $3,470,000 $1,554,500 $6,924,500 Subtotal $5,800,000 $4,000,000 $1,975,000 $11,775,000 7 Land Acquisition for Phase 2 $2,623,146 $0 $0 $2,623,146 8 Design and Development of Contract Documents for Phase 2 $0 $0 $439,000 $439,000 Notes: Subtotal $2,623,146 $0 $439,000 $3,062,146 Total $8,423,146 $4,000,000 $2,414,000 $14,837, The FDACS Share Amounts must be expended before 30 June The IMWID is responsible for any changes in addition to, beyond, or exceeding the SOW as described in AMENDMENT NO. 9, and the approved design/contract documents, which are in excess of the Share Amounts specified. 3. The SFWMD Share Amount is subject to full payment (100%) of FDEP Grant funds to the IMWID, and the IMWID must provide sufficient documentation showing how FDEP Grant funds as well as FDACS funds were applied to Contracted Values/Pay Applications. SFWMD Agreement No , AMENDMENT NO. 9, EXHIBIT Y, Page 1 of 1 21

22 EXHIBIT Z WORK PLAN ISTOKPOGA MARSH WATERSEHD IMPROVEMENT DISTRICT WATER QUALITY PROJECT Schedule of Remaining Activities for Construction, Certification of Completion, and Final Report for Phase 1 Item No. Work Item Description Duration (Days) Start Date End Date Notes: 1 Remobilization 11 7/5/2018 7/19/ Restoration of Site and Dewatering 60 7/9/2018 9/28/ Excavation (STA to STA ) 60 7/16/ /5/ Remaining Embankment Backfill 60 10/8/ /28/ Clean Ditches 60 10/8/ /28/ Electrical Conduit Install 30 10/8/ /16/ Pump Station 45 11/14/2018 1/15/ Primary Discharge 60 11/14/2018 2/5/ Overflow Spillway 80 11/14/2018 3/5/ Final Dress/Sod 30 3/6/2019 4/16/ Substantial Completion 1 4/17/2019 4/17/ Punchlist Completion 52 4/18/2019 6/28/ Final Completion 1 6/30/2019 6/30/ This schedule is based on information received from the selected contractor for Task To ensure the FDACS Share Amounts are expended by 30 June 2019, the Work Plan must be updated monthly and submitted for review and acceptance by all parties. SFWMD Agreement No , AMENDMENT NO. 9, EXHIBIT Z, Page 1 of 1 22