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HomeMy WebLinkAbout2007-260 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Joseph Baird County Administrator THROUGH: James W. Davis, P. E. Public Works Director THROUGH : Jonathan C . Gorham , Ph. D. Coastal Resources Manager FROM : James D. Gray, Jr. J�/ Coastal Engineer W SUBJECT: Wabasso Beach Restoration FDEP Grant Agreement No. 071R1 DATE: July 23, 2007 DESCRIPTION AND CONDITIONS The Florida Department of Environmental Protection (FDEP ) has issued Agreement No . 071R1 to commit state funds for the design and permitting phases of the Wabasso Beach Restoration Project. The attached agreement commits up to $550 , 000 at a cost share ratio of 90 . 91 % State/9. 09% Local . The design and permitting costs total $ 1 ,429, 548 to complete this work. Additional grant agreements with FDEP have been initiated to provide additional cost sharing for this project. RECOMMENDATIONS AND FUNDING Staff recommends approval and execution of FDEP Agreement No. 071R1 , (3 originals) . Funding for the County portion will be from the Beach Preservation Fund 12814472-066510-05054 ATTACHMENTS 1 . FDEP Grant Agreement 071R1 (3 originals) 2 . Authorizing Resolution No. 2007-075 — Delegating Authority to the County Administrator to execute documents on the behalf of the Board of County Commissioners F:1Public WorksUamcsG\071R1 FDEP GranMgcnda Itemslmemo agenda_DEP Agreement No 07lRl .doc DISTRIBUTION Michael Zito, Assistant County Administrator Jason Brown, Budget Department Edward Halsey, Finance Department Brian Taylor, FDEP Indian River County Approved Date APPROVED AGENDA ITEM Administration Bud et 3 8 d7 FOR: Legal BY Risk Management Public Works Division FAPubtic WOrksUamesG107IRI FDEP Grant\Agenda Itemslmemo agenda_DEPAgreementNo 07IRI _doc Attachment No. 1 FDEP Grant Agreement 071R1 (3 originals ) DEP AGREEMENT No : 07IR1 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF BEACHES AND COASTAL SYSTEMS HURRICANE RECOVERY PLAN STATE OF FLORIDA GRANT AGREEMENT FOR WABASSO BEACH RESTORATION THIS AGREEMENT entered into between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the " DEPARTMENT") whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 and INDIAN RIVER COUNTY, whose address is 1840 25t° Street, Vero Beach, Florida, 32960, a local government, (hereinafter referred to as the " LOCAL SPONSOR"), for the project described herein. WHEREAS, the DEPARTMENT developed the 2004 Hurricane Recovery Plan for Florida's Beach and Dune System (herein referred to as the "PLAN ") that contains management strategies to assist in the recovery of the state's beaches; and, WHEREAS the 2006 special session of the Florida Legislature appropriated funding to implement the management strategies contained in the PLAN; and, WHEREAS the LOCAL SPONSOR has the capabilities to implement the PLAN strategies as described herein. NOW, THEREFORE, in consideration of the mutual benefits to be derived herefrom, the DEPARTMENT and the LOCAL SPONSOR do hereby agree as follows: 1 . The DEPARTMENT does hereby retain the LOCAL SPONSOR to implement the beach erosion control project known as the WABASSO BEACH RESTORATION, (hereafter referred to as the PROJECT), as defined in Attachment A (Project Work Plan), attached hereto and incorporated herein by reference, and the LOCAL SPONSOR does hereby agree to perform such services as are necessary to implement the PROJECT in accordance with the terms and conditions set forth in this Agreement, and all attachments and exhibits named herein which are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract" and "Agreement" are used interchangeably, and the terms "Grantee", "RecipienP' and "Local Sponsor" are used interchangeably. 2. This Agreement shall begin on the last date executed and end June 30, 2009. Pursuant to Section 161 . 101 ( 18), Florida Statutes, work conducted on this project by the LOCAL SPONSOR or its subcontractor beginning on or after July 1 , 2006, shall be eligible for cost sharing by the DEPARTMENT. 3 . The LOCAL SPONSOR shall perform the services in a proper and satisfactory manner as determined by the DEPARTMENT. Any and all equipment, products or materials necessary to perform these services, or requirements as further stated herein, shall be supplied by the LOCAL SPONSOR. 4 . The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature and subject to the release of funds appropriated to the DEPARTMENT. DEP Agreement No . 071R1 , Page I of 8 5 . The LOCAL SPONSOR shall implement the PROJECT and complete said PROJECT upon the terms and conditions set forth in this Agreement and future requisite authorizations and environmental permits. The PROJECT consists of the restoration and maintenance of approximately 7. 1 miles of Atlantic shoreline between FDEP Reference Monuments R17 and R55 . The LOCAL SPONSOR shall develop a detailed Scope of Work for the PROJECT. It is understood and agreed that the detailed Scope of Work shall include a narrative description of each task, a corresponding detailed budget and a project schedule. Written approval of the Scope of Work must be obtained from the Department's Project Manager prior to initiating work. Failure to obtain prior written authorization may result in the forfeiture of all retained funds associated with the scope of work. 6. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are identified in Table I below: TABLE 1 Task # Eligible Project Tasks Estimated Project Costs Federal DEP Local Total 2 .0 Design and Permitting 2 . 1 Design and Permitting $0 $ 500X01 $ 50 , 0001 $ 550 ,000 TOTAL PROJECT COSTS $0 $ 5009000 $509000 $550 ,000 7. A. The DEPARTMENT's financial obligation shall not exceed the sum of $ 500,000 for this PROJECT or up to 90 .91 percent of the non-federal PROJECT cost, if applicable, whichever is less. The LOCAL SPONSOR agrees that any costs which exceed the estimated PROJECT costs shall be the responsibility of the LOCAL SPONSOR. Any modifications to the estimated TOTAL PROJECT COSTS shall be provided through formal amendment to this Agreement. B . LOCAL SPONSOR shall provide the local match required by Section 3 of Chapter 2004-475 , Laws of Florida, unless such matching requirement is waived or reduced by the Executive Office of the Governor pursuant to the provisions of Chapter 2004-475 , Laws of Florida. LOCAL SPONSOR shall document to the DEPARTMENT any matching funds waiver or reduction upon receipt from the Executive Office of the Governor, unless such waiver has been obtained through the DEPARTMENT. C . The DEPARTMENT shall authorize payments in the amount of 90.91 % of total eligible project costs, subject to the funding limits established herein, on a per invoice basis. IT the LOCAL SPONSOR' s required match percentage (amount) is reduced or waived in its entirety, the payment percentage amount for all eligible costs shall be adjusted accordingly. 8 . The LOCAL SPONSOR shall perform as an independent contractor and not as an agent, representative, or employee of the DEPARTMENT. 9. Paragraph intentionally left blank. 10. As consideration for the eligible work performed by the LOCAL SPONSOR under the terms of this Agreement, the DEPARTMENT shall pay the LOCAL SPONSOR as specified herein. For satisfactory performance, the DEPARTMENT agrees to compensate the LOCAL SPONSOR on a cost reimbursement basis for services rendered. All requests for reimbursement shall be made in accordance with Attachment B (Contract Payment Requirements), attached hereto and made a part hereof, and State guidelines for allowable costs found in the Department of Financial Services' Reference Guide for State Expenditures at http://www.fldfs.com/aadir/reference%5Fguide. The LOCAL SPONSOR shall submit a request for reimbursement of funds on the forms provided as Attachment C (Request For Payment, DEP Agreement No. 071RI , Page 2 of 8 PARTS I — III), attached hereto and made a part hereof. These forms may be submitted on a quarterly basis. The term "quarterly" shall reflect the calendar quarters ending March 31 , June 30, September 30, and December 31 ; the request shall be submitted no later than thirty (30) days following the completion date of the quarterly reporting period, of each year in which the project is underway. These forms shall be certified as accurate by the LOCAL SPONSOR' S Project Manager and the LOCAL SPONSOR ' s Project Financial Officer and submitted to the DEPARTMENT as a payment request. All requests for the reimbursement of travel expenses shall be based on the travel limits established in Section 112.061 , Florida Statutes. A final invoice shall be due no later than thirty (30) days following the completion date of this Agreement. The DEPARTMENT will not release funds for payment until such time as all requisite authorizations and environmental permits, including those required pursuant to Chapters 161 , 253 , 258 and 373 , Florida Statutes, have been obtained. In such cases where no reimbursement is sought for a given quarter, all applicable portions of Part III Project Progress Report must be completed and submitted. 11 . The DEPARTMENT's Project Manager shall have thirty (30) days after receipt of each billing to determine that the work has been accomplished in accordance with the terms and conditions of this Agreement prior to approving the billing for payment. It is understood and agreed that any request for reimbursement that requires the DEPARTMENT to request additional information of the LOCAL SPONSOR shall stop time for the DEPARTMENT' s review period and the clock will not resume until such information is received as requested by the DEPARTMENT. Upon approval of the payment request the DEPARTMENT shall disburse the funds due the LOCAL SPONSOR less ten ( 10) percent which shall be retained on account. The cumulative amount retained for each eligible scope of work item shall be disbursed to the LOCAL SPONSOR after the DEPARTMENT has certified that the LOCAL SPONSOR has complied with all the terms and conditions of the Agreement and the applicable scope of work for said item . The Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate . When requested, this information must be provided within thirty (30) calendar days of such request. If applicable, the LOCAL SPONSOR may also be required to submit a cost allocation plan to the DEPARTMENT in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. 12 . For the duration of this Agreement, the LOCAL SPONSOR shall submit to the DEPARTMENT' s Project Manager quarterly project progress reports as updates to a project schedule, no later than thirty (30) days following the completion date of the quarterly reporting period. Schedules shall be submitted electronically in an .MPP or tab delimited .TXT format. Information provided shall be the best available and shall represent the most accurate forecast of future events. Specific information to be included: tasks to be completed, start and finish dates, task duration, actual start and finish dates with actual task duration. 13 . Upon completion of the PROJECT the LOCAL SPONSOR shall submit to the DEPARTMENT a certification of completion, attached hereto as Attachment D (Project Completion Certification) . A final Project certification inspection will be made by the Department within 60 days after the PROJECT is certified complete by the LOCAL SPONSOR. The DEPARTMENT reserves the right to release retainage withheld, at the request of the LOCAL SPONSOR, or at the DEPARTMENT ' s convenience, for a completed eligible PROJECT item task during the term of this Agreement. A completed Project Completion Certification must accompany the payment request that identifies the eligible project items completed for which release of retained funds is requested by the LOCAL SPONSOR. DEP Agreement No. 07181 , Page 3 of 8 14. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768 .28, Florida Statutes. 15 . The LOCAL SPONSOR shall, at a minimum, comply with monetary limits for competitive acquisition of both materials and services as required by Chapter 287, Florida Statutes, which is expressly made a part of this Agreement and is incorporated herein by reference as if fully set forth . 16. The LOCAL SPONSOR' s Project Manager for all matters is Jonathan Gorham, Phone: 772/567- 8000. The DEPARTMENT's Project Manager for all technical matters is Brian Taylor, Phone : 850/922-7737 and the DEPARTMENT' s Grant Program Administrator for all administrative matters is Dena VanLandingham, Phone: 850/922-7711 or their successor(s). All matters shall be directed to the appropriate persons for action or disposition . 17 . The DEPARTMENT may terminate this Agreement at any time in the event of the failure of the LOCAL SPONSOR to fulfill any of its obligations under this Agreement. Prior to termination, the DEPARTMENT shall provide ten ( 10) calendar days written notice of its intent to terminate and shall provide the LOCAL SPONSOR an opportunity to consult with the DEPARTMENT regarding the reason(s) for termination. The DEPARTMENT may terminate this Agreement without cause and for its convenience by giving thirty (30) calendar days written notice to the LOCAL SPONSOR. Notice shall be sufficient if delivered personally or by certified mail to the address set forth in this Agreement. 18. Any and all notices shall be delivered to the parties at the following addresses : LOCALSPONSOR DEPARTMENT Jonathan Gorham Dena VanLandingham, Grant Program Administrator Indian River County Department of Environmental Protection 1840 25th Street Bureau of Beaches and Coastal Systems Vero Beach, FL 32960 3900 Commonwealth Blvd ., MS 300 (772) 567-8000 Tallahassee, Florida 32399-3000 (850) 922-7711 19. This Agreement may be unilaterally canceled by the DEPARTMENT for refusal by the LOCAL SPONSOR to allow public access to all documents, papers, letters, or other material made or received by the LOCAL SPONSOR in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 1 19.07( 1 ), Florida Statutes, 20 . The LOCAL SPONSOR shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied . The DEPARTMENT, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five years following Agreement completion . In the event any work is subcontracted, the LOCAL SPONSOR shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. DEP Agreement No. 07IRL Page 4 of 8 21 . A. In addition to the requirements of the preceding paragraph, the LOCAL SPONSOR shall comply with the applicable provisions contained in Attachment E (Special Audit Requirements), attached hereto and incorporated herein by reference. Exhibit 1 to Attachment E summarizes the funding sources supporting the Agreement for purposes of assisting the LOCAL SPONSOR in complying with the requirements of Attachment E . A revised copy of Exhibit 1 must be provided to the LOCAL SPONSOR for each amendment which authorizes a funding increase or decrease. If the LOCAL SPONSOR fails to receive a revised copy of Exhibit 1 , the LOCAL SPONSOR shall notify the Department' s Grants Program Administrator at 850/922-7711 , to request a copy of the updated information. B . The LOCAL SPONSOR is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The LOCAL SPONSOR shall consider the type of financial assistance (federal and/or state) identified in Attachment E, Exhibit 1 when making its determination . For federal financial assistance, the LOCAL SPONSOR shall utilize the guidance provided under OMB Circular A- 133 , Subpart B, Section _.210 for determining whether the relationship represents that of a sub recipient or vendor. For state financial assistance, the LOCAL SPONSOR shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: https://apps. fldfs.com/fsaa The LOCAL SPONSOR should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. 22 . In accordance with Section 216.347, Florida Statutes, the LOCAL SPONSOR is hereby prohibited from using funds provided by this Agreement for the purposes of lobbying the Legislature, the judicial branch or a state agency. 23 . The LOCAL SPONSOR covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 24. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 25 . No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. DEP Agreement No. 07IR1 , Page 5 of 8 26. To the extent required by law, the LOCAL SPONSOR will be self-insured against, or will secure and maintain during the life of this Agreement, Worker' s Compensation Insurance for all of its employees connected with the work of this project and, in case any work is subcontracted, the LOCAL SPONSOR shall require the subcontractor similarly to provide Worker' s Compensation Insurance for all of the latter' s employees unless such employees are covered by the protection afforded by the LOCAL SPONSOR. Such self-insurance program or insurance coverage shall comply fully with the Florida Worker' s Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Worker' s Compensation statutes, the LOCAL SPONSOR shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the DEPARTMENT, for the protection of its employees not otherwise protected. 27 . The LOCAL SPONSOR warrants and represents that it is self-funded for liability insurance, appropriate and allowable under Florida Law, and that such self-insurance offers protection applicable to the LOCAL SPONSOWs officers, employees, servants and agents while acting within the scope of their employment with the LOCAL SPONSOR. 28 . The LOCAL SPONSOR recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. 29. This Agreement is neither intended nor shall it be construed to grant any rights, privileges or interest in any third party without the mutual written agreement of the parties hereto. 30. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. B . An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity . The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at 850/487-0915 . C. The DEPARTMENT supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of Minority Owned firms that could be offered subcontracting opportunities may be obtained by contracting the Office of Supplier Diversity at (850) 487-0915 . 31 . The LOCAL SPONSOR shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the DEPARTMENT's Project Manager. The LOCAL SPONSOR agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the DEPARTMENT and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the LOCAL SPONSOR that the DEPARTMENT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the LOCAL SPONSOR shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. LOCAL SPONSOR will be responsible for auditing all travel reimbursement expenses based on the travel limits established in Section 112 .061 , F . S . When applicable, the LOCAL SPONSOR shall also notify the DEPARTMENT' s Project Manager of DEP Agreement No . 07IR1 , Page 6 of 8 the solicitation from which an intended subcontractor was selected. Upon the DEPARTMENT' s request, the LOCAL SPONSOR shall furnish copies of the respective solicitation documents, including the solicitation and responses thereto, the bid tabulations and the resulting contract(s) including a detailed scope of work. 32. The purchase of non-expendable equipment costing $ 1 ,000 or more is not authorized under the terms and conditions of this Agreement. 33 . The DEPARTMENT may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Agreement (e.g., specifications, task timeline within current authorized Agreement period, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order which causes an increase or decrease in the LOCAL SPONSOR' s cost or time shall require an appropriate adjustment and modification (formal amendment) to this Agreement. 34. The LOCAL SPONSOR shall comply with all applicable federal, state and local rules and regulations in providing services to the DEPARTMENT under this Agreement. The LOCAL SPONSOR acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The LOCAL SPONSOR further agrees to include this provision in all subcontracts issued as a result of this Agreement. 35 . If a force majeure occurs which causes delays or the reasonable likelihood of delay in the fulfillment of the requirements of this Agreement, the LOCAL SPONSOR shall promptly notify the DEPARTMENT orally and shall, within seven (7) calendar days, notify the DEPARTMENT in writing of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay, and the LOCAL SPONSOR' s intended timetable for implementation of such measures. If the parties agree that the delay or anticipated delay was caused, or will be caused by a force majeure, time for performance under this Agreement may be extended, at the discretion of the DEPARTMENT, for a period of time equal to the delay resulting from the force majeure. Such agreement shall be confirmed by letter from the DEPARTMENT accepting, or if necessary, modifying the extension. A force majeure shall be an act of God, strike, lockout, or other industrial disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion, failure to receive timely necessary governmental or third party approvals, governmental restraint, and any other cause, whether of the kind specifically enumerated herein or otherwise, which is not reasonably within the control of the LOCAL SPONSOR and/or the DEPARTMENT. The LOCAL SPONSOR is responsible for the performance of all services issued under this Agreement. Failure to perform by the LOCAL SPONSOR' s consultant(s) or subcontractor(s) shall not constitute a force majeure event. 36. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 071R 1 , Page 7 of 8 IN WITNESS WHEREOF, the parties have caused these presents to be duly executed, the day and year last written below. INDIAN RIVER COUNTY FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION n � c BY: By: Tit l/Comnfission Chair Secretary or aesignee Date: o -i Date: 7// & L6 FEID No. V Qn'+4�6-N� l�ryyi�J DEP Grant Program Administrat APPROVEC AS TO FORM AND LEGA. SUFFICIENCY- APPROVED as to form and legality: BY. _ ✓ " T MARIAN N F A S S T S TA NT COUNTY A TTORNEY � DEP Attorney * If someone other than the Commission Chair signs this Agreement, a resolution, statement or other documentation authorizing that person to sign the Agreement on behalf of the County/City must accompany the agreement. List of Attachments/Exhibits included as part of this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment A Project Work Plan ( 1 page) Attachment B Contract Payment Requirements ( I page) Attachment C Request For Payment (3 pages) Attachment D Project Completion Certification ( 1 page) Attachment E Special Audit Requirements (5 pages) DEP Agreement No. 071R1 , Page 8 of 8 ATTACHMENT A PROJECT WORK PLAN WABASSO BEACH RESTORATION The PROJECT consists of the restoration and maintenance of approximately 7. 1 miles of Atlantic shoreline between FDEP Reference Monuments R17 and R55 . The PROJECT shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable DEP permits and the eligible project task items established below. All data collection and processing, and the resulting product deliverables, shall comply with the standard technical specifications contained in the Department' s Regional Data Collection and Processing Plan and Geographic Information System Plan, unless otherwise specified in the approved Scope of Work for an eligible PROJECT item . These plans may be found at http ://wNvw.dep.state. fl .us/beaches/. Three (3 ) originals and one ( 1 ) electronic copy of all written reports developed under this Agreement shall be forwarded to the Department, unless otherwise specified. Task No : Eligible Project Item : 2.0 Design and Permitting Professional services required for engineering and design, obtaining environmental permits and other authorizations and the preparation of plans and specifications. This item specifically excludes permit application fees or any other fees paid to the State of Florida. 2.1 Design and Permitting Coastal Technology Corporation, Inc. has been retained by Indian River County to conduct design and permitting activities associated with the Wabasso Beach Restoration Project. Tasks included as part of the design and permitting efforts include the following: Plan Formulation, Design, Permit Application, FDEP Permit Processing, USACE Permit Processing and NEPA Compliance and Project Administration and Coordination . Total cost for the described tasks is $836,308 .00. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 071R Attachment A, Page 1 of 1 ATTACHMENT B Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures (January 2005) Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed . Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. Listed below are examples of types of documentation representing the minimum requirements: ( 1 ) Salaries: A payroll register or similar documentation should be submitted . The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid) . If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception : Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel : Reimbursement for travel must be in accordance with Section 112 .061 , Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means . (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A- 1 .017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273 .02, Florida Statutes, for subsequent transfer to the State. (5 ) In-house charges : Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged . The rates must be reasonable . (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. The Florida Department of Financial Services, Reference Guide to State Expenditures (January, 2005) can be found at the following web address: http://wwNv. fldfs.com/aadir/reference%5Fguide . DEP Agreement No. 07181 , Attachment B, Page 1 of 1 ATTACHMENT C FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT — PART I PAYMENT SUMMARY Name of Project: WABASSO BEACH RESTORATION Grantee: INDIAN RIVER COUNTY DEP Contract Number: 071R1 Billing Number: Billing Period: Billing Type: ❑ Interim Billing ❑ Final Billing Costs Incurred This Payment Request: Federal Share* State Share Local Share Total * if applicable Cost Summary: State Funds Obligated $ Local Funds Obligated $ Less Advance Pay $ Less Advance Pay $ Less Previous Payment $ Less Previous Credits $ Less Previous Retained $ Less This Payment $ Less This Credit $ Less This Retainage ( 10%) $ Local Funds Remaining $ State Funds Remaining $ Certification : I certify that this billing is correct and is based upon actual obligations of record by the grantee; that payment from the State Government has not been received; that the work and/or services are in accordance with the Department of Environmental Protection, Bureau of Beaches and Coastal Systems approved Project Agreement including any amendments thereto; and that progress of the work and/or services are satisfactory and are consistent with the amount billed. Name of Project Administrator Signature of Project Administrator Date Name of Project Financial Officer Signature of Project Financial Officer Date DEP Agreement No. 071R 1 , Attachment C, Page 1 of 3 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT — PART II REIMBURSEMENT DETAIL Name of Project: Billing# Billing Period : DEP CONTRACT NUMBER Invoice Adjustments (To be completed by DEP: Grantee: Reasons for changes noted below) Date OF Amount Paid Eligible Total Amount Chan aserBBCS Chan es erBBCS Item # INVOICE Invoice # Vendor (1 ) Project apw(61D # (s) Vendor Name Check or Debit# Eligible for State g p 9 P Approved Item (2) Share (4) Project Manager (6,6) Accountant (6,6) Eligible Cost (6) 7 2 3 4 5 6 7 8 9 10 Totals for all Items on pageJ Item # Notes and invoice adjustment explanations per item # (5) Certification: I certiry that the purchases noted above were used in accomplishing the project; and that invoices, check vouchers, copies of checks, and other purchasing documentation are maintained as required to support the cost reported above and are available for audit upon request- Name/Signature of Project Administrator Date Name/Signature of Project Financial Officer Date Form Instructions: (1 ) Grantee: enter exact amount of check or debit. (2) Grantee. enter the subtask ID# from the Eligible Project Item table of the DEP Grant. (3) Scopes of work and bids that have been approved for DEP cost share may be assigned a tracking identifier number. Grantee: Insert this tracking number when applicable. (4) Grantee: insert only the amount of vender payment that is assumed to be eligible for DEP cost share. Grantee: DEP Projthect Managers and accountants will make necessary corrections or adjustments within the terms of the contract and in accordance with state rule. (5j 6 DEP stall: Enter e total amount of line item increase or decrease: if the adjustmentis a decrease, eneceed the amount with the "-" minus sign. DEP Agreement No. 071R1 , Attachment C, Page 2 of 3 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT - PART III PROJECT PROGRESS REPORT Name of Project: WABASSO BEACH RESTORATION Grantee: INDIAN RIVER COUNTY DEP Agreement Number: 071 RI Report Period: Status of Eligible Project Items: (Describe progress accomplished during report period, including statement(s) regarding percent of task completed to date. Describe any implementation problems encountered, if applicable .) Task Eligible Project No: Item : 2 .0 DESIGN AND PERMITTING REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 071R1 , Attachment C. Page 3 of 3 ATTACHMENT D FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM PROJECT COMPLETION CERTIFICATION Name of Project: WABASSO BEACH RESTORATION Grantee: INDIAN RIVER COUNTY DEP Agreement Number: 071R1 * 1 hereby certify that the above mentioned project has been completed in accordance with the Project Agreement, including any amendments thereto, between the Department of Environmental Protection and grantee, and all funds expended for the project were expended pursuant to the Project Agreement. Name of Project Manager Signature of Project Manager Date DEP Agreement No. 07IR1 , Attachment D, Page 1 of 1 ATTACHMENT E FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the 'Department" 'DEP ", 7DEP " or "Grantor" or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor ", Grantee " or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A- 133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A- 133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART l : FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A- 133, as revised. 1 . In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A- 133 , as revised. EXHIBIT I to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A- 133 , as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A- 133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1 ., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A- 133 , as revised. 3 . If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A- 133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A- 133 , as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). DEP Agreement No. 071RL Attachment E, Page 1 of 5 4 . The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http:HI2.46.245. 173/efda/cfda.html. PART It : STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. 1 . In the event that the recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215 .97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10. 550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT I to this Agreement indicates State financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State financial assistance, including State financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1 ; the recipient shall ensure that the audit complies with the requirements of Section 215 .97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215 .97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and far-profit organizations), Rules of the Auditor General . 3 . If the recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215 .97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in State financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215 .97, Florida Statutes, the cost of the audit must be paid from the non-State entity's resources (i.e., the cost of such an audit must be paid from the recipient' s resources obtained from other than State entities). 5 . For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa/ or the Governor's Office of Policy and Budget website located at htti)://www.ebudget.state.fl.us/ for assistance. In addition to the above websites, the following websites may be accessed for information : Legislature's Website httv://www. leg.state.fl.us/Welcome/index.cfm, Governor's Website http://www.mvflorida.com/, Department of Financial Services' Website http://www.fldfs.com/ and the Auditor General's Website http://www.state. fl. us/audgen/pages/flsaa.htm. PART III : OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to sped any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity 's policy (i. e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215. 97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215. 97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1 . Copies of reporting packages for audits conducted in accordance with OMB Circular A- 133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A- 133, as revised, by or on behalf of the recipient directly to each of the following: DEP Agreement No. 07IR1 , Attachment E, Page 2 of 5 A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B . The Federal Audit Clearinghouse designated in OMB Circular A- 133 , as revised (the number of copies required by Sections .320 (d)( 1 ) and (2), OMB Circular A- 133 , as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A- 133 , as revised. 2 . Pursuant to Section .320(f), OMB Circular A- 133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A- 133 , as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 3 . Copies of financial reporting packages required by PART 11 of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B . The Auditor General ' s Office at the following address: State of Florida Auditor General Room 401 , Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399- 1450 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 071R1, Attachment E, Page 3 of 5 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 5 . Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A- 133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10 .650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A- 133, or Chapters 10. 550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 071R1 , Attachment E, Page 4 of 5 EXHIBIT — 1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Reci lent Pursuant to this Agreement Consist of the Following: Federal State Program CFDA Appropriation Number Federal Agency Number CFDA Title Funding Amount Category State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Matching Resources for Federal Pro rams: Federal State Program Appropriation Number Federal Agency CFDA CFDA Title Funding Amount Category State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Resources Subject to Section 215.97, F.S.: State CSFA Title State Program State CSFA or Appropriation Number Funding Source Fiscal Year Number Funding Source Description Funding Amount Category Original General Revenue Fund, 2006-2007 37.065 Beach Management Funding $500,000 140126 Agreement GAA Line Item Section 30 Assistance Program Total Award $500,000 For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [http:// 12 .46.245 . 173/cfda/cfda.htmij and/or the Florida Catalog of State Financial Assistance (CSFA) [http://state. fl. us/fsaa/catalog] . The services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract. in the Contract. DEP Agreement No. 071R1 , Attachment E, Page 5 of 5 Attachment No. 2 Authorizing Resolution No. 2007-075 — Delegating Authority to the County Administrator to execute documents on the behalf of the Board of County Commissioners t7 . j . 311nt71 14 : b4 r " 'lt 'j4.i ! !:RATTYa FA:.iE F 1 Py R t' ESOLUTION NO. 2007-aZa � A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING AUTHORITY TO THE COUNTY ADMINISTRATOR OR THE ASSISTANT COUNTY ADMINISTRATOR TO EXECUTE RESOLUTIONS CALLING LETTERS OF CREDIT AS NECESSARY DURING THE PERIOD FROM JULY 25 2007 THROUGH AND INCLUDING SEPTEMBER 3, 2007 AND FURTHER DELEGATING TO THE COUNTY ADMINISTRATOR, THE ASSISTANT COUNTY ADMINISTRATOR, AND THE EMERGENCY SERVICES DIRECTOR THE AUTHORITY TO EXECUTE ALL DOCUMENTS NECESSARY TO THE PROPER FUNCTIONING OF THE COUNTY DURING THE PERIOD FROM JULY 25, 2007 THROUGH AND INCLUDING SEPTEMBER 3, 2007. WHEREAS , at the November 21 , 2006 Board of County Commissioners meeting , the Board canceled regularly scheduled Board meetings during the period commencing July 25 , 2007 , through and inCiuding September 3 , 2007; WHEREAS , Section 101 . 05. 1 . q of The Code of Indian River County allows the Board to authorize the County Administrator, or his designee, to perform other duties on behalf of the Board of County Commissioners ; WHEREAS, various letters of credit are posted with the County to , among other things , guaranty performance or warranty of subdivision improvements , and many letters of credit have certain call language requiring a resolution of the Board of County Commissioners declaring default or failure to post alternate security; WHEREAS, it is necessary to delegate spedfic authority to execute resolutions on behalf of the board of County Commissioners to tail letters of credit; WHEREAS , it is necessary to delegate additional signing authority , not previously delegated by Florida Statutes , The Code of Indian River County, and Indian River County resolutions , to the County Administrator, the Assistant County Administrator , and the Emergency Services Director; and WHEREAS , pursuant to Resolution 2006- 181 and section 101 . 10( 1 ) of 'The Code of Indian Diver County , the Board of County Commissioners previously delegated to Joseph A, Baird , Indian River County Administrator and Indian River County Emergency Services District Director, or his designee , the authority: ( i ) to declare a state of local emergency for Indian River County pursuant to Florida Statutes section 252.38(3 )(a)(5)(2005) ; and ( ii) Pursuant to any duly issued Executive Order concerning Emergency Management Issued by the governor of the State of Florida declaring that a disaster andior emergency [as such terms are defined in Florida Statutes section 252 . 34 ( 1 ) and (3) respectively] exists in Indian River County ; to issue orders and rules , including , without limitation , the ability to issue Emergency Orders for Indian River County , during the period of the declared emergency, and such delegation in Resolution 2005- 181 remains in full force arid APPROVED BY 1 JUL 1 i 2307 BOARD OF COUNTY COMMISSION PAGE K RESOLUTION NO . 2007- 075 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONER$ OF INDIAN RIVER COUNTY, FLORIDA, that 1 . The County Administrator and his designee , the Assistant County Administrator, are hereby delegated the authority to execute resolutions on behalf of the Board of County Commissioners to call letters of credit which might expire or otherwise require action to be taken during the period commencing July 25 , 2007, through and including September 3 , 2007. Any resolutions executed by the County Administrator or the Assistant County Administrator to call letters of credit during the period commencing July 25 , 2007 , through and including 5=ptember 3 , 2007 are to be accompanied by a copy of this Resolution . 2. The County Administrator, the Assistant County Administrator, and the Emergency Services Director are authorized to execute all documents necessary to the proper functioning of the County, which may arise during the period commencing July 25, 20077 through and including September 3, 2007 , provided that all such documents signed during such interval are brought to the Board of County Commissioners for ratification at the Bcard meeting of September 4 , 2007. This Resolution was moved for adoption by Commissioner 01 Bryan and the motion was seconded by Commissioner Ilescher and, upon being put to a vote , the vote was as follows: Chairman Gary C . Wheeler Ave Vice Chairman Sandra L . Bowden Aye Commissioner Wesley S Davis 9g Commissioner Joseph E . Flescher Ave Commissioner Deter D . O' Bryan Ave The Chairman thereupon declared this Resolution duly passed and adopted this 17"' day of July, 2007 . BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest: J . K . Barton , Clerk GIC . Wheeler, Chairman By '��' �1pu11,:.ty1iCn Drk ARproved and legal sufficiency: B ' Manene E ell , AlgqrstantCo:. Attorney 2