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10/04/2022
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10/04/2022
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1/4/2023 4:15:47 PM
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1/4/2023 4:00:55 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
10/04/2022
Meeting Body
Board of County Commissioners
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION <br />STATE -FUNDED GRANT <br />SUPPLEMENTAL AGREEMENT <br />SUPPLEMENTAL NO. <br />3 <br />CONTRACT NO. <br />G-0 K60 <br />FPN <br />431759-2-54-01 <br />Recipient: Indian River County <br />This Supplemental Agreement ("Supplemental"), dated <br />525-010-50 <br />PROGRAM MANAGEMENT <br />12/18 <br />Page 1 of 3 <br />arises from the desire to supplement the <br />State -Funded Grant Agreement ("Agreement") entered into and executed on March 20, 2017 as identified above. All <br />provisions in the Agreement and supplements, if any, remain in effect except as expressly modified by this Supplemental. <br />The parties agree that the Agreement is to be amended and supplemented as follows: <br />On March 20, 2017 the County Incentive Grant Program Agreement was executed. On June 12, 2019, the parties <br />executed Amendment Number One, which increased funding of FIVE MILLION EIGHT HUNDRED EIGHTY <br />THOUSAND SIX HUNDRED THIRTY SIX DOLLARS AND NO CENTS ($5,880,636.00) for the Project, as a result of an <br />increased construction cost estimate; and extended the term of Agreement to December 30, 2020. On October 21, <br />2020, the parties executed Amendment Number Two, to extend the Agreement to December 31, 2022; and to revise <br />Exhibits C and A, Project deliverables. <br />The purpose of this Supplemental Agreement ("SA #3") is to make the Agreement compliant with applicable Florida <br />Statutes; to increase the total funding needed for the Project's construction and CEI services; to update certain Project <br />Exhibits; and to extend the term of the Agreement from December 31, 2022 to June 30, 2023. <br />Financial Compliance Requirements <br />The attached "Attachement "A" - State Funded Grant Agreement" replaces the language in the County Incentive Grant <br />Program Agreement executed March 20,2017. <br />The financial terms, requirements, and regulations stated in the Agreement are hereby updated for compliance with <br />section 339.2817, Florida Statutes and all other state statutory provisions, as amended and applicable to the <br />Agreement. Accordingly, paragraphs 4. "Compensation and Payment" and 7. "Audit", and all other references to such <br />terms, are hereby deleted in the entirety and replaced with the corresponding terms and conditions in the attached <br />State Funded Grant Agreement, which is hereto and incorporated into the Agreement as an amendment to the <br />Agreement. In addition, all of the following Exhibits in the Agreement are hereby deleted in the entirety: Exhibit A <br />Scope of Services, Exhibit B, Exhibit C Deliverables, and Exhibit D State Financial Assistance- Florida Single Audit Act. <br />The following attachment and exhibit(s) are hereby added to the Agreement pursuant to this SA #3: Attachment "A" - <br />State Funded Grant Agreement; Exhibit A- Project Description and Responsibilities and Deliverables, Exhibit B - <br />Schedule of Financial Assistance, Exhibit C- Engineers Certification of Compliance, Exhibit D- Recipient Resolution, <br />Exhibit F- Contract Payment Requirements, Exhibit J- State Financial Assistance (Florida Single Audit Act), and Exhibit <br />O -Terms & Conditions of Construction in Department Right of Way. <br />Project Funding Increase <br />This SA #3 also increases the total funding needed for the construction and CEI Services for the Project by FOUR <br />HUNDRED THREE THOUSAND FIVE HUNDRED THIRTY-EIGHT DOLLARS AND NO CENTS ($403,538.00). The <br />maximum amount that the DEPARTMENT will contribute to the COUNTY for this Project shall not exceed SIX MILLION <br />NINE HUNDRED EIGHTY NINE THOUSAND NINETY FOUR HUNDRED TWENTY NINE DOLLARS AND NO CENTS <br />($6,989,429.00), which is comprised of SIX MILLION FIVE HUNDRED EIGHTY FIVE THOUSAND EIGHT HUNDRED <br />NINETY ONE DOLLARS AND NO CENTS ($6,585,891.00) of CIGP Funding; and an additional FOUR HUNDRED <br />THREE THOUSAND FIVE HUNDRED THIRTY EIGHT DOLLARS AND NO CENTS ($403,538.00) of State Funding, <br />Exhibit B- Schedule of Financial Assistance in this SA #3 reflects the revised State -Funded Grant. <br />The deliverables stated in Exhibit A in Amendment 2 are hereby deleted and replaced with Exhibit A deliveraof this <br />SA #3. ITW <br />
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