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RK. INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John Titkanich, Jr. County Administrator FROM: Eric Charest, Interim Natural Resources Director SUBJECT: Amendment No. 2 — FDEP Grant Agreement No. 191R2 (Indian River County Hurricane Irma Recovery Project (Sector 7 Beach and Dune Restoration)) DATE: February 23, 2024 DESCRIPTION AND CONDITIONS The Florida Department of Environmental Protection (FDEP) received FY 2018/2019 funding to assist eligible governmental entities for beach erosion control activities under the Florida Beach Management Funding Assistance Program. On July 22, 2019, FDEP entered into Local Government Funding Request (LGFR) Grant Agreement No. 191R2 with Indian River County; committing up to $307,538.00 for design and permit -required construction related activities for the Sector 7 Beach and Dune Restoration Project (Project). On September 29, 2021, in response to a request from the County to FDEP for an extension to the Task End Dates identified in the original agreement, FDEP issued Amendment No. 1 to Grant 191R2. Amendment No. 1 maintained the same funding levels but extended the Task Deliverable Due Dates through to September 30, 2023, with the amended grant agreement reflecting a twenty-five (25) month extension. The extension request by the County was necessary due to the Sector 7 Beach and Dune Restoration Project being delayed on two occasions (construction postponed in the 2020/2021 season and once again postponed in the 2021/2022 construction season) due to lack of stakeholder support in the form of executed easement agreements allowing for the placement of sand in accordance with design and permit constraints. On March 8, 2022, Coastal Engineering staff presented the Board of County Commissioners (Board) with an update to the Project with regards to the status of the easements within the Project area (66% obtained, 15% pending, 1% in -process, and 18% denied). Options were discussed, with'the Board voting to postpone construction from the 2022/2023 construction window to the following year. As a result of that postponement, on March 29, 2022, Staff requested the FDEP issue an additional time extension amendment to LGFR Grant 191R2, allowing for the grant to remain active during the proposed 2023/2024 construction period. At the June 20, 2023 regularly scheduled Commission meeting, Staff once again presented an update on the status of Sector 7 to the Board. At that meeting, the Board voted to consider the Hurricanes Matthew, Irma and Dorian Sector 7 Beach and Dune Restoration Project as not being constructible due to lack of sufficient stakeholder support in the form of signed easements (67% obtained, 14% pending, 1% in -process, and 18% denied). Staff was then directed to seek reallocations for the funding that was made available for the Project where possible (FEMA, FDEP LGFR). On October 19, 2023, Staff requested the FDEP consider a reallocation of funding within LGFR Grant 191R2, making Task 2 (Construction) funds available for reimbursement of expenses incurred by the County for Task 1 items (monitoring, design and permitting). 75