HomeMy WebLinkAbout2013-222 DEP AGREEMENT No : 14IR2 atz 0
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
DIVISION OF WATER RESOURCE MANAGEMENT
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
STATE OF FLORIDA
GRANT AGREEMENT FOR
INDIAN RIVER COUNTY HURRICANE REPAIR PROJECT
THIS AGREEMENT is entered into between the FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT"), whose address is
2600 Blair Stone Road, MS 3511 , Tallahassee, Florida 32399 , and INDIAN RIVER COUNTY, a local
government (hereinafter referred to as the " LOCAL SPONSOR"), whose address is 1801 27TH Street, Vero
Beach, Florida 32960, for the project described herein.
WHEREAS , the DEPARTMENT, pursuant to Section 161 .091 - Section 161 . 161 , Florida Statutes,
provides financial assistance to eligible governmental entities for beach erosion control activities under the
Florida Beach Management Funding Assistance Program; and,
WHEREAS , pursuant to 62B -36 .005 ( 1 )(d) , Florida Administrative Code, the LOCAL SPONSOR
has resolved to support, serve as local sponsor, demonstrated a financial commitment to the beach erosion
control project as described herein, and has the ability to perform the tasks associated with the
project
described herein.
WHEREAS the DEPARTMENT received funding for Hurricane Sandy and Tropical Storm Debby
as detailed in the proviso for Beach Projects for the fiscal year of 2013 -2014 to assist in the recovery of the
state ' s beaches ;
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 INDIAN RIVER COUNTY HURRICANE REPAIR PROJECT,
(hereafter referred to as the PROJECT) , as defined in Attachment A (Grant Work Plan) , attached
hereto and made a part hereof. 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 that are attached hereto and
incorporated by reference . For purposes of this Agreement, the terms "Grantee", "Recipient" and
"Local Sponsor" are used interchangeably .
2 . This Agreement shall begin on the last date executed and end on January 30 , 2017 . Pursuant to
Section 161 . 101 ( 18) , Florida Statutes, work conducted on this PROJECT by the LOCAL
SPONSOR or its subcontractor and approved by the Department beginning on or after November 1 ,
2012 , may be eligible for reimbursement by the DEPARTMENT, provided that the PROJECT is
approved by the DEPARTMENT . If work identified in the approved Grant Work Plan is completed
prior to time allowed in this Agreement, this Agreement may be amended to close out the
Agreement .
3 . The LOCAL SPONSOR shall perform the services in a proper and satisfactory manner as
determined by the DEPARTMENT .
4 . 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.
5 . The State of Florida's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature of the State of Florida and subject to the release of funds
appropriated to the DEPARTMENT.
6 . The LOCAL SPONSOR shall implement the PROJECT and complete said PROJECT upon the
terms and conditions set forth in this Agreement and all present 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 R20 and R51 .
In addition, the project includes emergency nourishment to repair damages sustained during
Hurricane Sandy. The life of the PROJECT is defined as ten ( 10) years following completion of
each construction event . The parties expressly agree that the provisions of this paragraph shall
survive and be enforceable beyond the expiration date of this Agreement .
7 . For tasks, as specified in Table 1 below and in Attachment A, the LOCAL SPONSOR shall develop
a detailed Scope of Work which shall include a narrative description of each task, a corresponding
detailed budget for each deliverable under that task and a schedule for completion of each task and
deliverable . Each Scope of Work shall require approval by the DEPARTMENT as to content,
deliverables, and schedule prior to initiating the work. The tasks must be incorporated into the Grant
Work Plan in the form of an approved amendment to this Agreement prior to commencement of any
work on these PROJECT tasks .
8 . A. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the
PROJECT are identified in Table 1 below :
TABLE 1
Task Eligible Project Tasks
DEP Local Total
2 .0 Design and Permitting
2 . 1 Design of Dune repairs $429722 $42 ,722 $859444
3.0 Construction
3 . 1 Dune Repairs Reimbursement - Orchid $ 135 , 197 $ 1353197 $2709393
3 .2 Dune Repairs Reimbursement - $37,576 $ 379576 $759151
Wabasso and Golden Sand
3 . 3 Future Construction Reimbursement $2 ,484 ,506 $ 2 ,4849506 $499699012
TOTAL PROJECT COSTS $2,7001000 $297009000 $594009000
Be Changes in PROJECT costs that transfer funds from one task to another or that increase or
decrease the total funding amount shall require a formal amendment to the Agreement .
9 . The DEPARTMENT has determined that 100 percent of the non-federal PROJECT cost is eligible
for state cost sharing. Therefore, the DEPARTMENT' s financial obligation shall not exceed the sum
of $2,700,000 for this PROJECT or up to 50 percent of the non-federal project cost, if applicable, for
the specific eligible PROJECT items listed above, whichever is less . Any indicated federal cost
sharing percentage is an estimate and shall not affect the cost sharing percentages of the non-federal
share.
10 . The DEPARTMENT and the LOCAL SPONSOR agree that any and all activities associated with the
PROJECT that are not shown in Table 1 are the responsibility of the LOCAL SPONSOR and are not
a part of this Agreement. The LOCAL SPONSOR agrees that any costs for the specific eligible
PROJECT tasks that exceed the estimated PROJECT costs for that task shall be the responsibility of
the LOCAL SPONSOR. Any modifications to the estimated TOTAL PROJECT COSTS shown in
Table 1 above, shall be provided through formal amendment to this Agreement.
11 . The LOCAL SPONSOR shall perform as an independent contractor and not as an agent,
representative, or employee of the DEPARTMENT.
12 . A . In accordance with Section 216 . 181 ( 16)(b), Florida Statutes, the DEPARTMENT, upon
written request from the LOCAL SPONSOR, including justification for said request, and
written approval from the State Chief Financial Officer, may provide an advance payment to
the LOCAL SPONSOR. In addition to the written request for advance payment, the
LOCAL SPONSOR shall also complete and submit the applicable portions of Attachment
B (Advance Payment Justification Form), attached hereto and made a part hereof.
Consideration for advance payment is at the discretion of the DEPARTMENT, and shall be
limited to eligible project construction costs identified in Table 1 . The LOCAL
SPONSOR' s expenditures shall draw proportionally upon both the LOCAL SPONSOR' s
funds and the DEPARTMENT ' s advanced funds in accordance with the cost share ratios
established pursuant to this Agreement.
B . If advance payment is authorized, the LOCAL SPONSOR shall temporarily invest the
advanced funds in an interest bearing account. The LOCAL SPONSOR shall be responsible
to the DEPARTMENT for a quarterly accounting of such funds on the dates identified in
paragraph 15 .
REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 14IR2 Page 3 of 12
C . Attachment C (Advance Payment — Interest Earned Memorandum), attached hereto and
made a part hereof, is provided as a sample of the document generated internally each
calendar quarter by the DEPARTMENT' s Bureau of Finance and Accounting for
agreements that authorized an advance payment. The DEPARTMENT ' s Grant Program
Administrator shall forward such memorandum to the LOCAL SPONSOR' s Project
Manager, who shall be responsible for completion of the applicable interest statement details
and submission to the DEPARTMENT each quarter. Interest income shall be documented
by the LOCAL SPONSOR ' s submission of a current statement of account from the financial
institution or agent where such funds are invested. Interest income shall be returned to the
DEPARTMENT, within thirty (30) days following each quarter as set forth under this
Agreement. This responsibility shall continue as long as advanced funds remain with the
LOCAL SPONSOR or until construction is completed and a final accounting on the
advanced funds is completed and the unused funds and interest due the DEPARTMENT are
returned to the DEPARTMENT. Unused funds, and interest accrued on any unused portion
of advanced funds which have not been remitted to the DEPARTMENT, shall be returned to
the DEPARTMENT within sixty (60) days of the completion of the construction portion of
this PROJECT. Unused funds advanced to the United States Army Corps of Engineers
through LOCAL SPONSORS will be due sixty (60) days after the Federal final accounting
has been completed.
D. The parties hereto acknowledge that the State Chief Financial Officer may identify
additional requirements that must be met in order for advance payment to be authorized. If
additional requirements are imposed by the State Chief Financial Officer, the LOCAL
SPONSOR shall be notified, in writing, by the DEPARTMENT' s Grant Program
Administrator regarding the additional requirements . Prior to releasing any funds, the
LOCAL SPONSOR shall be required to provide a written acknowledgement to the
DEPARTMENT ' s Grant Program Administrator of the LOCAL SPONSOR' s acceptance of
the terms imposed by the State Chief Financial Officer for release of funds .
13 . As consideration for the satisfactory completion of the eligible work identified in Attachment A and
approval of the work by the DEPARTMENT, the DEPARTMENT agrees to compensate the
LOCAL SPONSOR on a cost reimbursement basis. All requests for reimbursement shall be made in
accordance with Attachment D (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 littp ://www .fldfs .com/aadir/reference%SFJzuide . The
LOCAL SPONSOR shall submit a request for reimbursement of funds on the forms provided as
Attachment E (Request for Payment, PARTS I — IV), attached hereto and made a part hereof.
These forms are to be submitted upon completion of deliverables identified in the approved Scope of
Work. 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 bills for amounts due under this Agreement shall be submitted in detail
sufficient for a proper pre-audit and post-audit thereof. 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 construction activities until such time as all requisite
authorizations, environmental permits, and variances, including those required pursuant to Chapters
161 , 253 , 258 and 373 , Florida Statutes, have been obtained. The final payment will
not be
processed until the match requirement has been met.
14 . The DEPARTMENT's Project Manager shall have thirty (30) days after receipt of each request for
payment to determine that the work has been accomplished in accordance with the terms and
conditions of this Agreement prior to approving the request for payment. It is understood and agreed
DEP Agreement No. 141R2 Page 4 of 12
that any request for payment that requires the DEPARTMENT to request additional information of
the LOCAL SPONSOR shall stop time for the DEPARTMENT ' s review period will reset when such
information is received as requested by the DEPARTMENT. Upon approval of the request for
payment 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
deliverable 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. 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) .
15 . For the duration of this Agreement, the LOCAL SPONSOR shall submit to the DEPARTMENT ' s
Project Manager on a quarterly basis, Attachment E (Project Progress Report, Part II1), as
updates to the project schedule, no later than thirty (30) days following the completion date of the
quarterly reporting period in which the project is underway . The term "quarterly" shall reflect the
calendar quarters ending March 31 , June 30, September 30, and December 31 . Progress reports are
to be submitted electronically in Word .doc 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 in the quarterly report : tasks to be completed, start and finish dates, task
duration, and actual start and finish dates with actual task duration. In cases where no
reimbursement is sought for a given quarter, all applicable portions of the progress report must still
be completed and submitted. The timely submittal of these quarterly reports will result in points for
the ranking of future projects under the Beach Management Funding Assistance Program.
16. Upon completion of a task or the PROJECT, the LOCAL SPONSOR shall submit to the
DEPARTMENT a certification of completion, attached hereto as Attachment F (Project
Completion Certification) . A final PROJECT certification inspection shall be made by the
DEPARTMENT within sixty (60) days after the PROJECT is certified complete by the LOCAL
SPONSOR.
17 . The LOCAL SPONSOR shall, at a minimum, comply with monetary limits for competitive
acquisition of both materials and services as required by Chapter 287, and Chapter 161 . 101 ( 17),
Florida Statutes, which are expressly made a part of this Agreement and incorporated herein by
reference as if fully set forth.
18 . The applicable provisions of Chapter 161 , Florida Statutes, entitled "Beach and Shore Preservation",
and any rules promulgated there from, are expressly made a part of this Agreement and
are
incorporated herein by reference as if fully set forth.
19 . 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.
20. A .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) 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.
DEP Agreement No. 14IR2 Page 5 of 12
B . The DEPARTMENT may terminate this Agreement without cause and for its convenience
by giving thirty (30) 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.
21 . No payment will be made for deliverables deemed unsatisfactory by the DEPARTMENT. In the
event that a deliverable is deemed unsatisfactory by the DEPARTMENT, the LOCAL SPONSOR
shall re-perform the services needed for submittal of a satisfactory deliverable, at no additional cost
to the DEPARTMENT, within ten ( 10) days of being notified of the unsatisfactory deliverable. If a
satisfactory deliverable is not submitted within the specified timeframe, the DEPARTMENT may, in
its sole discretion, either: 1 ) terminate this Agreement for failure to perform, or 2) the
DEPARTMENT Grant Manager may , by letter specifying the failure of performance under this
Agreement, request that a proposed Corrective Action Plan (CAP) be submitted by the LOCAL
SPONSOR to the DEPARTMENT. All CAPS must be able to be implemented and performed in no
more than sixty (60) days .
A. A CAP shall be submitted within ten ( 10) calendar days of the date of the letter request from
the DEPARTMENT. The CAP shall be sent to the Department Grant Manager for review
and approval . Within ten ( 10) calendar days of receipt of a CAP, the DEPARTMENT shall
notify the LOCAL SPONSOR in writing whether the CAP proposed has been accepted. If
the CAP is not accepted, the LOCAL SPONSOR shall have ten ( 10) calendar days from
receipt of the DEPARTMENT letter rejecting the proposal to submit a revised proposed
CAP. Failure to obtain the DEPARTMENT approval of a CAP as specified above shall
result in the DEPARTMENT' S termination of this Agreement for cause as authorized in this
Agreement.
B . Upon the DEPARTMENT ' S notice of acceptance of a proposed CAP, the LOCAL
SPONSOR shall have ten ( 10) calendar days to commence implementation of the accepted
plan . Acceptance of the proposed CAP by the DEPARTMENT does not relieve the LOCAL
SPONSOR of any of its obligations under the Agreement. In the event the CAP fails to
correct or eliminate performance deficiencies by LOCAL SPONSOR, the DEPARTMENT
shall retain the right to require additional or further remedial steps, or to terminate this
Agreement for failure to perform. No actions approved by the DEPARTMENT or steps
taken by the LOCAL SPONSOR shall preclude the DEPARTMENT from subsequently
asserting any deficiencies in performance . The LOCAL SPONSOR shall continue to
implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP
will be made to the DEPARTMENT as requested by the Department Grant Manager.
C . Failure to respond to the DEPARTMENT ' s request for a CAP or failure to correct
a
deficiency in the performance of the LOCAL SPONSOR as specified by the
DEPARTMENT may result in termination of this Agreement.
The remedies set forth above are not exclusive and the DEPARTMENT reserves the right to exercise
other remedies in addition to or in lieu of those set forth above, as permitted by this Agreement.
22 . Any notices between the parties shall be considered delivered when posted by Certified Mail,
return receipt requested, or overnight courier service, or delivered in person to the contact person
at the addresses below.
DEP Agreement No . 141R2 Page 6 of 12
LOCAL SPONSOR DEPARTMENT
James Gray Dena VanLandingham, Grant Program
Project Manager Administrator
Indian River County Public Works Department of Environmental Protection
1801 27"' Street Beach Management Funding Assistance Program
Vero Beach, Florida 2600 Blair Stone Road . , MS 3511
(772) 226- 1344 Tallahassee, Florida 32399
jgrUkir ov . com (850) 922-7711
Dena.vaniandingham@dep . state. fl .us
Any changes to the contact information shown above or in paragraph 23 must be reduced to writing
in the form of a Change Order to this Agreement.
23 . The LOCAL SPONSOR' s Project Manager for all matters is James Gray, Phone : (772 ) 2264344 .
The DEPARTMENT's Project Manager for all technical matters is David Courson, Phone : ( 850)
922-7703 and the DEPARTMENT' s Grant Program Administrator for all administrative matters is
Dena VanLandingham, Phone : (850) 922-7711 .
24 . 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 119 . 07( 1 )(a), Florida
Statutes .
25 . 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 (5 ) 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 .
26 . A . In addition to the requirements of the preceding paragraph, the LOCAL SPONSOR shall
comply with the applicable provisions contained in Attachment G (Special Audit
Requirements), attached hereto and made a part hereof. Exhibit 1 to Attachment G
summarizes the funding sources supporting the Agreement for purposes of assisting the
LOCAL SPONSOR in complying with the requirements of Attachment G. A revised copy
of Exhibit 1 must be provided to the LOCAL SPONSOR for each amendment that
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 Grant
Program Administrator at 850/922-7711 , to request a copy of the updated information.
DEP Agreement No . 14IR2 Page 7 of 12
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 G, 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 :Happs . fldfs . com/fsaa
The LOCAL SPONSOR should confer with its chief financial officer, or audit director or
contact the DEPARTMENT for assistance with questions pertaining to the applicability of
these requirements.
27 . 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 .
28 . The LOCAL SPONSOR covenants that it presently has no interest and shall not acquire any interest
that would conflict in any manner or degree with the performance of services required.
29 . 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. 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.
30 . 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.
31 . 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, Workers ' Compensation Insurance for all of its
employees connected with the work of this project. In the case any work is subcontracted,
the
LOCAL SPONSOR shall require the subcontractor similarly to provide Workers ' Compensation
Insurance for all of the subcontractor' 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 Workers ' Compensation Law, Chapter 440, Florida Statutes . In
case any class of employees engaged in hazardous work under this Agreement is not protected under
Workers ' 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.
DEP Agreement No. 14IR2 Page 8 of 12
32 . 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 SPONSOR' s officers, employees, servants and agents while acting within
the scope of their employment with the LOCAL SPONSOR.
33 . 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.
34 . 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 .
35 . 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.
Be An entity or affiliate who has been placed on the discriminatory vendor list maintained by
the Florida Department of Management Services 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 . Questions regarding the discriminatory vendor list
may be directed to the Florida Department of Management Services, Office of Supplier
Diversity at (850) 487-0915 .
36. A . The accounting systems for all LOCAL SPONSORS must ensure that these funds are not
commingled with funds from other agencies. Funds from each agency must be accounted
for separately. LOCAL SPONSORS are prohibited from commingling funds on either a
program-by-program or a project-by-project basis . Funds specifically budgeted and/or
received for one project may not be used to support another project. Where a LOCAL
SPONSOR' s, or subrecipient's, accounting system cannot comply with this requirement, the
LOCAL SPONSOR, or subrecipient, shall establish a system to provide adequate fund
accountability for each project it has been awarded.
Be If the DEPARTMENT finds that these funds have been commingled, the DEPARTMENT
shall have the right to demand a refund, either in whole or in part, of the funds provided to
the LOCAL SPONSOR under this Agreement for non-compliance with the material terms of
this Agreement. The LOCAL SPONSOR, upon such written notification from the
DEPARTMENT shall refund, and shall forthwith pay to the DEPARTMENT, the amount of
money demanded by the DEPARTMENT. Interest on any refund shall be calculated based
on the prevailing rate used by the State Board of Administration. Interest shall be calculated
from the date(s) the original payment(s) are received from the DEPARTMENT by the
LOCAL SPONSOR to the date repayment is made by the LOCAL SPONSOR to the
DEPARTMENT.
co In the event that the LOCAL SPONSOR recovers costs, incurred under this Agreement and
reimbursed by the DEPARTMENT, from another source(s), the LOCAL SPONSOR shall
reimburse the DEPARTMENT for all recovered funds originally provided under this
Agreement. Interest on any refund shall be calculated based on the prevailing rate used by
the State Board of Administration . Interest shall be calculated from the date(s) the
payment(s) are recovered by the LOCAL SPONSOR to the date repayment is made to the
DEPARTMENT by the LOCAL SPONSOR.
DEP Agreement No. 14IR2 Page 9 of 12
37 . A . 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.
Regardless of any subcontract, the LOCAL SPONSOR is ultimately responsible for all work
to be performed under this Agreement. The LOCAL SPONSOR shall submit a copy of the
executed subcontract to the DEPARTMENT within ten ( 10) days after execution. 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 . The LOCAL SPONSOR will be responsible for auditing all
travel reimbursement expenses based on the travel limits established in Section 112 .061 , F . S .
1 . The LOCAL SPONSOR may award, on a competitive basis, fixed price subcontracts
to consultants/contractors in performing the work described in Attachment A . Invoices
submitted to the DEPARTMENT for fixed price subcontracted activities shall be
supported with a copy of the subcontractor' s invoice and a copy of the tabulation form
for the competitive procurement process (Invitation to Bid or Request for Proposals)
resulting in the fixed price subcontract.
2 . The LOCAL SPONSOR may request approval from the DEPARTMENT to award a
fixed price subcontract resulting from procurement methods other than those identified
in the paragraph above. In this instance, the LOCAL SPONSOR shall request the
advance written approval from the DEPARTMENT ' s Project Manager of the fixed
price negotiated by the LOCAL SPONSOR. The letter of request shall be supported
by a detailed budget and Scope of Services to be performed by the subcontractor.
Upon receipt of the DEPARTMENT Project Manager' s approval of the fixed price
amount, the LOCAL SPONSOR may proceed in finalizing the fixed price subcontract.
3 . All subcontracts are subject to the provisions of paragraph 13 and any other
appropriate provisions of this Agreement which affect subcontracting activities.
Be 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 contacting the Office of Supplier Diversity at (850) 487-0915 .
38 . When applicable, the LOCAL SPONSOR shall also notify the DEPARTMENT ' s Project Manager of
the selection of an intended subcontractor for a construction task and provide a tabulation list from
which the intended subcontractor was selected. The LOCAL SPONSOR shall also provide the bid
form for the successful bidder. The LOCAL SPONSOR shall select eligible consultants licensed to
offer services in the State of Florida for studies, design and permitting and monitoring tasks
in
accordance with Chapter 287, F . S . Upon the DEPARTMENT ' s request, the LOCAL SPONSOR
shall furnish copies of the respective solicitation documents . Solicitation documents include, but are
not limited to, the solicitation and responses thereto, the bid tabulations, and the resulting contract(s),
including a detailed Scope of Work.
39 . The purchase of non-expendable equipment costing $ 1 ,000 or more is not authorized under the terms
and conditions of this Agreement.
DEP Agreement No . 14IR2 Page 10 of 12
40 . The DEPARTMENT may at any time, by written order designated to be a change order, make any
change minor modifications, as described below. All change orders are subject to the mutual
agreement of both parties as evidenced in writing. Any change, which causes an increase or decrease
in the LOCAL SPONSOR' s cost or time, shall require formal amendment to this Agreement. Minor
modifications which will be handled with a change order include notification of a change in Project
Manager, modification of deliverable due dates when such change does not involve an extension,
and modifying the Project Work Plan when such modifications would not involve a
decrease/increase in cost or an extension of the performance period of this Agreement.
41 . 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.
42 . The LOCAL SPONSOR shall obtain from each owner of upland property, which is adjacent to the
erosion control project, a sufficient property interest in order to construct, maintain, monitor, and
repair the erosion control project prior to entering each individual property to conduct such activities.
43 . If a force majeure occurs that 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 . Within seven (7) days, the LOCAL SPONSOR shall 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, the DEPARTMENT may, at its discretion, extend the time for
performance under this Agreement for a period of time equal to the delay resulting from the force
majeure upon execution of an amendment to this Agreement . 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 third party approvals through no fault of the LOCAL SPONSOR, and any other cause,
whether of the kind specifically enumerated herein or otherwise, that 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 .
44 . 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.
DEP Agreement No . 14IR2 Page 11 of 12
IN WITNESS WHEREOF , the undersigned have signed and executed this Agreement on the
respective dates under their signatures :
INDIAN RIVER COUNTY FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By : By : `D 9/
T ' e Commission Chair DeparAent of Environmental Protection
Joseph E . Flescher , Chairm4n „ Secretary or designee
6016wev In
Date : November 12 , 2013 �\o'i Lit Date :In
FEID No . 59-2073525 . . t
y
Department of Environmental P tection
/VER CQ ��y�c Grant Program Administrator
APPROVED as to form and legality :
Kcal Sponsor' s Attorney Department of Environm Protection
(if necessary) 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 Grant Work Plan (3 pages)
Attachment B Advanced Payment Justification Form (3 pages)
Attachment C Advanced Payment — Interest Earned Memorandum Sample ( I page)
Attachment D Contract Payment Requirements ( 1 page)
Attachment E Request For Payment, Parts I - IV (4 pages)
Attachment F Project Completion Certification ( 1 page)
Attachment G Special Audit Requirements (5 pages)
DEP Agreement No. 14IR2 Page 12 of 12
ATTACHMENT G
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 A433 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 I : 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 A433, 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 1 to this Attachment 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 A433 , 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 1 , 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).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at httu://12.46.245. 173/cfda/efda.html.
DEP Agreement No . 14IR2 , Attachment G, Page 1 of 5
ATTACHMENT F
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
PROJECT COMPLETION CERTIFICATION
Name of Project : INDIAN RIVER COUNTY HURRICANE REPAIR PROJECT
LOCAL SPONSOR: INDIAN COUNTY DEP Agreement Number: 141R2
Task Completion 0
Project Completion 0
* 1 hereby certify that the above mentioned project task has been completed in accordance with the Project Agreement,
including any amendments thereto, between the DEPARTMENT and LOCAL SPONSOR, and all funds expended for the
project were expended pursuant to this Agreement. All unused funds and interest accrued on any unused portion
of
advanced funds which have not been remitted to the DEPARTMENT, have been returned to the DEPARTMENT, or will
be returned to the DEPARTMENT within sixty (60) days of the completion of construction portion of this PROJECT.
Unused funds advanced to the United States Army Corps of Engineers through LOCAL SPONSORS will be due sixty
(60) days after the Federal final accounting has been completed.
Name of Project Manager Signature of Project Manager Date
DEP Agreement No. 14IR2 , Attachment F, Page 1 of 1
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
CERTICATION OF DISBURSEMENT REQUEST
REQUEST FOR PAYMENT — PART IV
Name of Project : INDIAN RIVER COUNTY HURRICANE REPAIR PROJECT
LOCAL SPONSOR: INDIAN COUNTY DEP Agreement Number: 14IR2
Billing Number :
Certification : I certify that this billing is correct and is based upon actual obligations of record
by the LOCAL
SPONSOR; 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, Beach Management Funding Assistance Program ' s
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 . The disbursement amount requested on Page 1 of this form is for
allowable costs for the project described in the grant work plan .
I certify that the purchases noted 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 of Project Administrator Signature of Project Administrator Date
Name of Project Financial Officer Signature of Project Financial Officer Date
DEP Agreement No. 14IR2 , Attachment E, Page 4 of 4
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT — PART III
PROJECT PROGRESS REPORT
Name of Project : INDIAN RIVER COUNTY HURRICANE REPAIR PROJECT
LOCAL SPONSOR: INDIAN COUNTY DEP Agreement Number : 14IR2
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
2 . 1 DESIGN AND DUNE REPAIR
3 . 0 COSNTRUCTION
3 . 1 DUNE REPAIRS REIMBURSEMENT — ORCHID
3 . 2 DUNE REPAIRS REIMBURSEMENT — WABASSO AND GOLDEN SAND
3 . 3 FUTURE CONSTRUCTION REIMBURSEMENT
DEP Agreement No. 14IR2 , Attachment E, Page 3 of 4
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ATTACHMENT E
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT — PART I
PAYMENT SUMMARY
Name of Project : INDIAN RIVER COUNTY HURRICANE REPAIR PROJECT
LOCAL SPONSOR: INDIAN COUNTY DEP Agreement Number: 14IR2
Billing Number:
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 $
DEP Agreement No . 14IR2, Attachment E, Page 1 of 4
ATTACHMENT D
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 Florida Accounting Information Resource (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 60Aml . 017, Florida Administrative
Code, regarding the requirements for contracts that 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 that 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 ://www.fldfs.com/aadir/reference%5FVuide/.
DEP Agreement No . 14IR2 , Attachment D, Page 1 of 1
ATTACHMENT C
ADVANCE PAYMENT - INTEREST EARNED MEMORANDUM
"SAMPLE DOCUMENT"
TO : Dena VanLandingham, Beach Management Funding Assistance Program , MS#3511
FROM : Lydia Louis, Finance and Accounting Director, Bureau of Finance and Accounting, MS#78
DATE :
SUBJECT: Advance Payment — DEP Agreement No . : XXXX
BECP Project No . : XXXX
Interest Due to DEP: (Quarterly)
Pursuant to Section 216 . 181 ( 16)(b), Florida Statutes , and paragraph 11 of the AGREEMENT, advance payments must be deposited
into an interest bearing account until all funds have been depleted . In order to comply with this statute, advance approval
of the State
Chief Financial Officer, and the terms of the above referenced contract, the following information is needed for our records
no later
twenty (20) days following each calendar quarter (i.e. January 20, April 20, July 20, and October 20.)
Advance funding disbursed (date ofdisbursement) $
1 . Advanced funds expended by contractor covering period of
(agreement execution) to (end ofmost recent calendargtr) $
2 . Balance advance funding principal available $
3 . Interest earned on advanced funds covering period of
(agreement execution) to (end ofmost recent calendar qtr) $
4 . Amount of interest paid to DEP as of (end ofmost recent calendar gtr) $
5 . Balance Due to DEP as of (end ofmost recent calendar qtr) $
(Project Manager' s Signature) (Date)
Special Instructions: If the grant/contract specifies that any accrued interest that is based upon a grant/contract advance
payment(s) will not be paid to DEP until after termination of the grant/contract, the advance fund recipient shall complete
report items 1 and 2 only for the first three quarters of the state's fiscal year. The report for the state 's fourth fiscal year
quarter shall include items 1 , 2, 3, 4, and 5. Items 3, 4, and 5 will be the life to date interest.
If the contract states that no interest is due, quarterly reports of unexpended advances are required, lines 1 and 2 .
The lines 1 and 2 reported amounts are on a cash basis for the advance payment principal. Do not include receivables,
payables, or interest previously paid to DEP.
If the grant/contract requires quarterly accrued interest payments to DEP, the fund recipient must complete items 1 through 5
for each quarterly report.
Payments of interest due to DEP shall be paid within the specifications of the contract/grant,
Thank you for your cooperation in providing the above information. If you have questions, please contact Lydia Louis (850)
245-2452 in the Contracts Disbursement Section.
DEP Agreement No . 14IR2, Attachment C , Page 1 of 1
C. The recipient must provide an estimated budget for each quarter covered by the agreement. The summary information should include salaries,
fringe benefits, overhead, contracts (specify services to be contracted out), equipment, if authorized (specify items to be purchased), supplies,
travel,
and other costs.
A sample summary format is provided below. The summary should include the breakdown for each quarter of the agreement period.
Description First Quarter Second Quarter Third Quarter Fourth Quarter
Salaries
(identify personnel/titles)
Fringe Benefits
Contractual Services
(list services and estimated costs
Equipment
(identify each item and cost)
Supplies
Travel
Other (specify)
Overhead/Indirect
Total:
Certification Statement
The forgoing information is presented to the Florida Department of Environmental Protection in support of our request for advance
payment. I
certify that the information provided accurately reflects the financial issues facing the entity at this time.
By :
Type Name of Signatory : Date
Title: Chief Financial Officer or designee
DEP Program Area Review/Approval
Recommendation : ❑ Approve Request ❑ Deny Request
By:
Type Name of Signatory : Date
Title : Division:
The DEP Program Area should forward this information to the Contracts Disbursements Section at MS78 . The Contracts Disbursements
Section
will forward requests for advance payment to the State Comptroller for review and legislature consultation, as appropriate,
Bureau of Finance & Accounting Use Only
DEP Agreement No . 14IR2, Attachment B , Page 3 of 3
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ATTACHMENT B
ADVANCE PAYMENT JUSTIFICATON FORM
Use of this form is not required unless the advance requested requires the prior approval of the State Chief Financial Officer. For
advance requests
that are equal to or less than the purchasing threshold of $35,000 .00 , category two as defined in Section 287 .017, Florida Statutes,
and meet one of
the advance payment requirements identified in Section 215 .422( 14), Florida Statutes, use of this form is waived. However, the purchase
requisition
or contract review form must clearly identify the criteria being met under Section 215 .422( 14), Florida Statutes which allows the advance to
be made
without prior approval of the State Chief Financial Officer.
Name/Address of the Vendor/Recipient:
Contact Person/Phone No. :
Agreement No ./Purchase Order No. if known) :
Commodities/Services/Project Description:
Organizational Structure
i.e. local ov 't, non-profit corporation, etc.
Value of Purchase or Grant:
Advance Payment Amount Requested:
Period Advance Payment to Cover: 90 days startup Full Contract Period
❑ Quarterly ❑ Other (specify):
Indicate Statutory Authority : Ll 215 .422, F. S Lj 216. 181 , F. S.
GAA Year and Line Item Info : SFY: Line Item :
1 . Reason advance payment is required :
2. The following information required for advances requested pursuant to 215.422, Florida Statues (and the Reference Guide
for State
Expenditures) which exceed the purchasing threshold of category two as defined in 287.017 Florida Statutes.
A. Document, if applicable, the cost savings to be incurred as a result of an advance payment that are equal or greater than
the amount the State
would earn by investing the funds and paying in arrears. Include the percent (%) savings to be realized. In calculating
the percent savings as
compared to the percent that can be earned by the State, information may be obtained from the Department of Financial
Services, Division of
Accounting and Auditing, Bureau of Auditing at 850/4104194 or SunCom 2104194 regarding the current Treasury earnings rate.
B. Document, if applicable, how the goods or services are essential to the operation of the Department and why they are available only if advance
payment is made :
DEP Agreement No . 14IR2 , Attachment B , Page 1 of 3
3 . 1 Emergency Dune Nourishment- Orchid Beach
In coordination with Indian River County, the Town of Orchid Beach awarded a
construction contract to the lowest qualified bidder for emergency dune stabilization for the
Orchid Beach section of the Sector 3 Project to address damages sustained during
Hurricane Sandy . Eligible costs include mobilization, demobilization, beach fill, permit
compliance, beach tilling, and native beach-dune vegetation . The Town and the County
have an interlocal agreement to provide reimbursement to the Town, who acted on behalf
of the county during the emergency situation .
Deliverable A : Copy of All Periodic Certified Pay invoices as submitted by Contractor and
approved by The Town of Orchid . . .
Deliverable cost : $270,393 ($ 135 , 197 — DEP funds).
Due date : July 31 , 2014 .
3.2 Emergency Dune Nourishment- Wabasso and Golden Sands
Indian River County awarded a construction contract to the lowest qualified bidder for
Emergency dune stabilization for the Wabasso and Golden Sand Project to repair damages
sustained during Hurricane Sandy. Eligible Costs include mobilization, demobilization,
beach fill , permit compliance monitoring, nest relocation, beach tilling, and native beach-
dune vegetation.
Deliverable A : Copy of All Periodic Certified Pay Invoices as submitted by Contractor and
approved by County for the Wabasso repair.
Deliverable cost : $32, 865 ($ 16,433 — DEP funds).
Due date : July 31 , 2014 .
Deliverable B : Copy of All Periodic Certified Pay Invoices as submitted by Contractor and
approved by County for the Golden Sands repair.
Deliverable cost: $42 ,286 ($215143 — DEP funds) .
Due date : July 31 , 2014 .
3.3 Future Hurricane Repair Construction
Future construction allocation. Pending scopes of work included under this task must be
approved by Division staff prior to initiation of work.
Total cost $4, 969,012 (DEP cost $2,484,506)
Due Date : January 30, 2016
NOTE : The deliverable due dates established in this Grant Work Plan indicate the time by
which a deliverable is received and approved for cost sharing. The dates do not necessarily
correspond with permit required due dates. The Local Sponsor must meet the terms of the
ermit for compliance.
All Tasks are Contractual Services.
DEP Agreement No. 14IR2, Attachment A , Page 3 of 3
2 . 1 Design and Permitting of the Restoration
Coastal Planning and Engineering Inc . has been retained by Indian River County to conduct
professional services to assist the COUNTY with timely negotiation of acceptable FDEP
and USACE permits for the proposed Dune and Berm Repair Project. Specific tasks
associated with these efforts include : FDEP and USACE Permit Negotiations and Data
Monitoring Support coordination services through receipt of Agency action.
Deliverable A : One electronic submission of the final design report.
Deliverable cost: $ 11 ,747 ($5 ,873 — DEP funds).
Due date : July 31 , 2014 .
Deliverable B : One electronic submission of 2013 Sector 3 beach profile monitoring
surveys from Morgan & Eklund, Inc .
Deliverable cost: $ 17,050 ($ 8 ,525 — DEP funds).
Due date : July 31 , 2014 .
Deliverable C : One electronic submission of the pre-application meeting minutes .
Deliverable cost : $5 ,991 ($2 ,995 — DEP funds) .
Due date : July 31 , 2014 .
Deliverable D : One electronic submission of the environmental assessment.
Deliverable cost: $7,594 ($3 ,797— DEP funds) .
Due date : July 31 , 2014 .
Deliverable E : One electronic submission of the permit application.
Deliverable cost: $22 ,598 ($ 11 ,299 — DEP funds) .
Due date : July 31 , 2014 .
Deliverable F : One electronic submission of the RAI responses.
Deliverable cost: $7,967 ($3 ,984 ,— DEP funds).
Due date : July 31 , 2014 .
Deliverable G : One electronic submission of the final construction plans and specifications.
Deliverable cost: $ 12,498 ($6,249 — DEP funds) .
Due date : July 31 , 2014 .
3.0 Construction
Work performed and costs associated with the placement of fill material and/or the
construction of erosion control structures within the project area. Eligible costs may include
mobilization, demobilization, construction observation or inspection services, beach fill,
tilling and scarp removal, erosion control structures, dune stabilization measures and native
beach-dune vegetation. Construction shall be conducted in accordance with any and all
permits issued by the Department.
Performance Standard : Work products (Deliverables) must meet acceptance standards of
the engineer, building code inspector, Joint Coastal Permit, or a combination of these, as
required, to assure all project-related construction is completed to desired specifications .
Financial Consequence : Any work product that does not meet the Performance Standard
will not be eligible for reimbursement.
DEP Agreement No . 14IR2 , Attachment A, Page 2 of 3
ATTACHMENT A
GRANT WORK PLAN
Project Title : Indian River County Hurricane Repair Project
Project Location : Indian River Count R20 — R51 . 3
Project Background : This Project consist of the restoration and maintenance of approximately
32 ,090 feet (6 . 1 miles) of critically eroded shoreline between FDEP Reference Monuments R20
and R51 .3 . The Sector 3 Beach and Dune Restoration Project was constructed in three (3 ) separate
phases from 2010-2012, placing approximately 550,000 cubic yards of sand in the project area. In
October of 2012, the project was impacted by Hurricane Sandy . Emergency dune nourishment was
conducted jointly under authority granted under the FDEP Emergency Final Order — OGC No . 12-
1641 . Design for a full repair project is ongoing, with construction anticipated for 2014 .
The PROJECT shall be conducted in accordance with the terms and conditions set forth under this
Agreement, all applicable DEPARTMENT 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 Monitoring Standards
for Beach Erosion Control Projects (2004) and Processing Plan and Geographic Information
System Guidelines, unless otherwise specified in the approved Scope of Work (herein after referred
to as SOW) for an eligible PROJECT item . This plan may be found at :
httl2 ://www. dep. state . fl . us/beaches/publications/pdf/standard pdf . One ( 1 ) original electronic copy
of all written reports developed under this Agreement shall be forwarded to the DEPARTMENT,
unless otherwise specified .
Project Description :
The deliverables listed below are to be completed and approved by the DEPARTMENT by the due
date listed.
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 for erosions control
projects. This item specifically excludes permit application fees or any other fees paid to
the State of Florida.
Performance standard : All deliverables, reports, and monitoring results will be
circulated to the DEPARTMENT for review and comment. When comments are received
from the DEPARTMENT affirming that the deliverable is acceptable, payment will be
authorized.
Financial Consequence: Any work product that does not meet the Performance Standard
will not be eligible for reimbursement.
DEP Agreement No. 14IR2, Attachment A , Page 1 of 3
PART II : 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 1 to this Attachment 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 for-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) .
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at hiips :HELpps .fldfs .com/fsaa for assistance. In
addition to the above websites, the following websites may be accessed for information : Legislature's
Website at httl2 ://www . lep,. state . fl .us/Welcome/index .cfin State of Florida' s website at
http ://www.myflorida.com/. Department of Financial Services ' Website at http ://www . fldfs .com/ and the
Auditor General's Website at http ://www .state .fl .us/audgen .
PART III : OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify 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(8), 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 . 14IR2 , Attachment G, 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
3900 Commonwealth Boulevard
Tallahassee, Florida 32399=3000
B . The Federal Audit Clearinghouse designated in OMB Circular A433 , as revised (the number of
copies required by Sections .320 (d)( 1 ) and (2), OMB Circular A433 , 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
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1 ,
2008 , must be submitted using the Federal Clearinghouse ' s Internet Data Entry System which can
be found at b.tV://harvester.census . gov/fac/
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A433 , as revised.
2 . Pursuant to Section .320(f), OMB Circular A433 , as revised, the recipient shall submit a copy of
the
reporting package described in Section .320(c), OMB Circular A433 , 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
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
3 . Copies of financial reporting packages required by PART II 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
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
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 323994450
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 14IR2, Attachment G, Page 3 of 5
EXHIBIT — 1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWING :
Federal Resources Awarded to the Reci fent Pursuant to this Agreement Consist of the Following :
Federal
Program CFDA
Number Federal Agency Number CFDA Title Funding A
State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Matching Resources for Feder
Federal
Program
Number Federal Agency CFDA CFDA Title Funding A
State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Resources Subject to Section 21
State CSFA Title
Program State CSFA or
Number Funding Source Fiscal Year Number Funding Source Description Funding A
Original General Revenue , GAA 2013 =2014 37 .003 Beach Management Funding 49000MO
O
Agreement Line Item # 1629 Assistance Program Zimp
Total Award 2,700 ,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 .htmi] and/or the Florida Catalog
of State Financial Assistance (CSFA) [https ://apps .fldfs .com/fsaa/searchCatalog.aspx] . 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
DEP Agreement No. XXXXX, Attachment I, Page 1 of 3
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
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
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 A433 , 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 . 14I112, Attachment G, Page 4 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
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
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 A433 , 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 A433 , 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 . 14182 , Attachment G , Page 4 of 5
I
EXHIBIT — 1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING :
Federal Resources Awarded to the Reci ient 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
F0 00
State CSFA Title State
Program State CSFA or Appropriation
Number Funding Source Fiscal Year Number Funding Source Description Funding Amount Category
Original General Revenue , GAA 2013 -2014 37 .003 Beach Management Funding 2 ,7001000 140126
Agreement 1 Line Item # 1629 Assistance Program
Total Award 2 ,700,000
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. html] and/or the Florida Catalog of State Financial Assistance (CSFA) [https://apps. fldfs.com/fsaa/searchCatalog.
aspx] . 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
DEP Agreement No . 14182 , Attachment G , Page 5 of 5
ATTACHMENT 2
GRANT NAME: FDEP Indian River County Hurricane Repair Project GRANT # 14IR2
AMOUNT OF GRANT: &5�400.000
DEPARTMENT RECEIVING GRANT: Public Works/Coastal Engineering
CONTACT PERSON: hMes D. Gray. Jr. TELEPHONE: ext. 1344
1 . How long is the grant for? January 30, 2017 Starting Date: November, 2013
YES NO
2. Does the grant require you to fund this function after the grant is over? X
3 . Does the grant require a match? X
If yes, does the grant allow the match to be In-Kind services? X
4. Percentage of match to grant 50.00 %
5. Grant match amount required $2,700,000
6. Where are the matching funds coming from (i.e. In--Kind Services; Reserve for Contingency)?
Funding is available in the Beach Restoration Fund Reserves
7. Does the grant cover capital costs or start-up costs? No
Ifno, how much do you think will be needed in capital costs or start-up cost's: $
(Attach a detail listing of costs)
8. Are you adding any additional positions utilizing the grant funds? No
If yes, please IisL (If additional space is needed, please attach a schedule.)
Acct. Description Position Position Position Position Position
011 . 12 Regular Salaries
D 11 . 13 Other Salaries & Wages (P7)
012. 11 Social Security
012. 12 Retirement — Contributions
012. 13 Insurance — Life & Health
012. 14 Worker's Compensation
012. 17 S/Sec. Medicare Matching
TOTAL
9. What is the total cost of each position including benefits, capital, startup, auto expense, travel and operating?
Salary and Benefits Operating Costs Capital Total Costs
10. What is the estimated cost of the grant to the county over five years? $
Grant Amount Other Match Costs Not Covered Match Total
First Year S $ I $ $
Second Year $ $ $ $
Third Year $ $ $ $
Fourth 'Fear $ $ $ $
Fifth Year $ $ $ $
Signature of Preparers Date:
59