HomeMy WebLinkAbout2018-115DEP AGREEMENT NO. 171R2
WABASSO (INDIAN RIVER SECTOR 3)
BEACH RESTORATION
AMENDMENT NO. l
THIS AGREEMENT as entered into on February 26, 2018, between the FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department") and Indian River County
(hereinafter referred to as the "Grantee") is hereby amended.
WHEREAS, the LOCAL SPONSOR has requested to use remaining funds of $321,551.30 from 141R2 —
Indian River County Hurricane Repair agreement to complete the scopes of work in 17IR2 Wabasso (Indian River
Sector 3) Beach Restoration and has requested to revise the Grant Work Plan and the DEPARTMENT has agreed.
NOW, THEREFORE, the parties hereto agree as follows:
Attachment 3, Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment 3-A, Revised Grant
Work Plan, as attached to this Amendment and hereby incorporated into the Agreement. All references in the
Agreement to Attachment 3 shall hereinafter refer to Attachment 3-A, Revised Grant Work Plan.
Attachment 5, Special Audit Requirements, is hereby deleted in its entirety and replaced with Attachment 5-A,
Revised Special Audit Requirements, attached hereto and made a part of the Agreement. All references in the
Agreement to Attachment 5, shall hereinafter refer to Attachment 5-A, Revised Special Audit Requirements.
The parties agree to the terms and conditions of this Amendment and have duly authorized their respective
representatives to sign it on the dates indicated below.
REMAINDER PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 17182, Amendment No. 1, Page 1 of 2
IN WITNESS WHEREOF, the parties have caused this amendment to Agreement 17IR2 to be duly
executed, the day and year last written below.
INDIAN RIVER COUNTY..... ' STATE OF FLORIDA DEPARTMENT OF
....
V rC 0 hliy jS"NVIRONMENTAL PROTECTION
By: pfd;
*Title of Person Authorized to ig Secretary or designee
Vilt)huu
Peter D. O'Bryan, Chairman••••:���Fq�OUtdN;.�f
Print Name of Authorized Person Print Name and Title of Authorized Person
Date: June 19, 2018
APPROVED AS TO FORM
AND G L FFI C
BY __
- WILLIAM X DEBRAAL
DEPUTY COUNTY ATTORNEY
FEID No.: 59-6000674
ATTEST: effrey R. Smith, Clerk of
Court an /o�m�pttr/ollle�r
BY: to
Deputy Clerk
Date: (O J.1 a I I g
Catherine Florko, DEP Grant Manager
Dena VanLandingham, DEP QC Revie e
List of attachments/exhibits included as part of this Amendment:
Letter/
Specify Type Number
Description (include number of pages)
Attachment 3-A
Revised Grant Work Plan (3 Pages)
Attachment 5-A
Special Audit Requirements
DEP Agreement No. i 7IR2, Amendment No. I, Page 2 of 2
ATTACHMENT 3-A
GRANT WORK PLAN
PROJECT TITLE: Wabasso (Indian River Sector 3) Beach Restoration
PROJECT LOCATION: The Project is located between Department of Environmental Protection (DEP)
reference monuments R20 and R51.3 along the Atlantic Ocean in Indian River County.
PROJECT BACKGROUND: The Wabasso (Indian River Sector 3) Beach Restoration project consists of
restoration of approximately 6.1 miles of shoreline between DEP Monuments R20 - R51.3 (critically eroded
section) in Indian River County (Sector 3). As authorized under JCP Permit No. 0285993, Phase I
construction was completed in 2010, Phase 11 construction was initiated in 2011 and completed in 2012.
Due to damages sustained during Hurricane Sandy minor emergency repairs were constructed in 2012 and
a full storm repair project was constructed in the winter of 2014 — 2015. Sector 3 was impacted from
Hurricanes Mattahew (2016) and Irma (2017) necessitating additional design and permitting for the repair
of the entire project area.
PROJECT DESCRIPTION: The project consists of permit required monitoring and design
PROJECT ELIGIBILITY: 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 $446,551.30 for this Project or up to 50 percent of the non-federal Project cost, if applicable, for the
specific eligible Project items listed, 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. The parties agree that
eligibility for cost sharing purposes will be maintained pursuant to 6213-36, F.A.C.
The Grantee will be responsible for auditing all travel reimbursement expenses based on the travel limits
established in Section 112.061, Florida Statutes (F.S.).
Pursuant to Sections 161.091 - 161.161, F.S, the Department provides financial assistance to eligible
governmental entities for beach erosion control and inlet management activities under the Florida Beach
Management Funding Assistance Program; and
Pursuant to 62B -36.005(1)(d), Florida Administrative Code (F.A.C.), the Grantee has resolved to support
and serve as local sponsor, has demonstrated a financial commitment, and has demonstrated the ability to
perform the tasks associated with the beach erosion control project as described herein.
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 standards and technical
specifications contained in the Department's Monitoring Standards for Beach Erosion Control Projects
(2014) and all associated state and federal permits, unless otherwise specified in the approved Scope of
Work for an eligible Project item. The monitoring standards may be found at:
http://www.dep.state.fl.us/beaches/publications/pdf/Physica]MonitoringStandards pdf.
One (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the
Department, unless otherwise specified.
DEP Agreement No. 17IR2, Amendment 1, Attachment 3-A, Page I of 3
Acronyms:
DEP or FDEP — Florida Department of Environmental Protection
F.A.C. — Florida Administrative Code
F.S. — Florida Statutes
FWC — Florida Fish and Wildlife Conservation Commission
JCP — Joint Coastal Permit
TASKS and DELIVERABLES:
For all tasks identified below, the Local Sponsor will provide detailed scopes of work or a letter requesting
advance payment, which shall include a narrative description of work to be completed, a corresponding
cost estimate and a proposed schedule of completion for the proposed work and associated deliverables.
Each scope of work shall be approved in writing by the DEP Project Manager to be included into this work
plan for reimbursement.
Task 1: Monitoring
State and federal monitoring required by permit is eligible for reimbursement pursuant to program statute
and rule. In order to comply with Florida Auditor General report 2014-064 regarding conflicts of interest
and to be consistent with Section 287.057(17)(a)(1), F.S., all monitoring data and statistical analysis must
be provided directly and concurrently from the monitoring contractor to the Department/Local Sponsor
permittee/engineering consultant. The Local Sponsor's engineering consultant must provide an adequate
mitigation plan, consistent with section. 287.057(17)(a)(1), F.S., including a description of organizational,
physical, and electronic barriers to be used by the Local Sponsor's engineering consultant, that addresses
conflicts of interest when contracting multi -disciplinary firms for Project engineering and post -construction
environmental monitoring services, or when the Project engineering consultant firm subcontracts for post -
construction environmental monitoring. Environmental monitoring includes hardbottom, seagrass, and
mangrove resources. Department approval of the consultant's mitigation plan will be required prior to
execution of this Agreement. If at any time the Local Sponsor and/or its engineering consultant fails to
comply with this provision, the Local Sponsor agrees to reimburse the Department all funds provided by
the Department associated with environmental monitoring for the Project listed.
Task Description: This task includes activities associated with permit -required monitoring conducted in
accordance with the conditions specified by state or federal regulatory agencies. All monitoring tasks must
be located within or adjacent to the Project area and follow the Department's Regional Coastal Monitoring
Program and FWC's marine turtle and shorebird monitoring programs. Guidance for monitoring of
nearshore resources is available in the Department's Standard Operation Procedures For Nearshore
Hardbottom Monitoring Of Beach Nourishment Projects. The Local Sponsor must submit work products
directly to the appropriate state or federal regulatory agencies in accordance with permit conditions to be
eligible for reimbursement under this task, unless otherwise directed.
Deliverable: For each interim or final payment, the Local Sponsor will provide a Task Summary Report
containing; 1) An itemized listing of all monitoring activities completed or in progress during the payment
request period and, 2) Documentation of submittal to state and federal regulatory agencies of completed
monitoring data, surveys and final reports for permit -required work under this task description.
Performance Standard: The DEP Project Manager will review the task deliverable and any associated
work products as necessary to verify they meet the specifications in the Grant Work Plan and this task
description.
DEP Agreement No. 17IR2, Amendment 1, Attachment 3-A, Page 2 of 3
Payment Request Schedule: Payment requests may be submitted after the deliverable is received and
accepted and may be submitted no more frequently than quarterly.
Task 2: Design
Task Description: The Local Sponsor will acquire professional services for the engineering and design of
the Project such as coastal engineering analyses, preparation of plans and specifications, physical and
environmental surveys, cultural resource surveys, design -level geotechnical services, sediment studies, inlet
studies, environmental analyses, orthophotography, plan formulations and for obtaining environmental
permits and other Project -related authorizations. The Local Sponsor will submit work products to the
appropriate State or Federal regulatory agencies as requested by the DEP Project Manager in order to be
eligible for reimbursement under this task.
Deliverable: Certification of Completion including documentation of submittal affirming that the final
design document was completed and submitted to the Department. For interim payment requests, a Task
Summary Report signed by the Local Sponsor must be submitted detailing work progress during the
payment request period. The Task Summary Report must include the dates and descriptions of all activities,
surveys and reports completed or in progress during the time period of the interim payment request.
Performance Standard: The DEP Project Manager will review the task deliverable and any associated
work products as necessary to verify they meet the specifications in the Grant Work Plan and this task
description.
Payment Request Schedule: Payment requests may be submitted after the deliverable is received and
accepted and may be submitted no more frequently than quarterly.
Estimated Eligible Project Cost
PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables
received by, the corresponding task end date.
Task
No.
State
Budget Category
Task #
Eligible Project Tasks Cost
DEP Local Total
Deliverable
Dui�Date
Share
Monitoring
Contractual Services
$125,000.00
1/1/18
1
Monitoring 50.00%
$125,000.00 $125,000.00 $250,000.00
2
Design 50.00%
$321,551.30 $321,551.30 $643,102.60
1/1/18
COSTS
$446,551.30 $446,551.30 $893,102.60
PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables
received by, the corresponding task end date.
Task
No.
Task Title
Budget Category
Budget
Amount
Task Start
Date
Task End
Date
Deliverable
Dui�Date
1
Monitoring
Contractual Services
$125,000.00
1/1/18
1/31/21
1/31/21
2
Design
Contractual Services
$321,551.30
1/1/18
1/31/21
1/31/21
Total:
$446,551.30
DEP Agreement No. l 71R2, Amendment 1, Attachment 3-A, Page 3 of 3
ATTACHMENT 5
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", "EDEP" 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, as revised, 2 CFR Part 200,
Subpart F, 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 2 CFR Part 200, Subpart F, 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 A-133, as revised (for fiscal year start dates prior to December 26, 2014), or as defined in 2 CFR §200.330
(for fiscal year start dates after December 26, 2014).
In the event that the recipient expends $500,000 ($750,000 for fiscal year start dates after December 26,
2014) 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, and 2 CFR Part 200,
Subpart F. EXHIBIT l 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 A-133, as revised, and 2 CFR
Part 200, Subpart F. An audit of the recipient conducted by the Auditor General in accordance with the
provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, 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, and 2 CFR Part 200, Subpart F.
If the recipient expends less than $500,000 (or $750,000, as applicable) in Federal awards in its fiscal year,
an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part
200, Subpart F, is not required. In the event that the recipient expends less than $500,000 (or $750,000, as
applicable) 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, and 2 CFR Part 200, Subpart F 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 www.cfda.eov
Attachment 5
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Rev. 5/30117
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(n), Florida Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$750,000 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 I1, 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.
If the recipient expends less than $750,000 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 $750,000 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 https://apps.fldfs.com/fsaa for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website at hqp://www.leg.state.fl.us/Welcome/index.cfin, State of Florida's website at
http://www.mvflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/ and the
Auditor General's Website at http://www.myflorida.com/audpen/.
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(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
Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
2 CFR Part 200, Subpart F and required by PART I of this Attachment shall be submitted, when required
by Section .320 (d), OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, by or on behalf of
the recipient directly to each of the following:
Attachment 5
2 of 5
Rev. 5/30/17
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSin gleAudit(cbdep. state. fl. us
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised, and 2 CFR
§200.501(a) (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133,
as revised, and 2 CFR §200.501(a) 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 http://harvester.census.gov/facweb/
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised, and 2 CFR §200.512.
2. Pursuant to Section .320(f), OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, the recipient
shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised,
and 2 CFR Part 200, Subpart F, and any management letters issued by the auditor, to the Department of
Environmental Protection at one the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPS in gleAudit(a,,dep. state. flus
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 one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Attachment 5
3 of 5
R". 5/301»
Electronically:
FDEPSin leAuditnde .state.fl.us
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
1 I I West Madison Street
Tallahassee, Florida 32399-1450
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 one of the following
addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSingleAudita,dep.state.fl us
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, as revised, and 2 CFR Part 200, Subpart F, 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, as revised and 2 CFR Part 200, Subpart F, 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
Attachment 5
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Rev. 5/30/17
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
Program
Number
CFDA
Federal Agency Number
CFDA Title
Funding Amount
State
Appropriation
Category
State
Program
State
CSFA
or
Appropriation
Number
Funding Source
Fiscal Year
Number
Funding Source Description
Funding Amount
State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Matching Resources for Federal Pro rams:
Federal
Program
Number Federal Agency
CFDA
CFDA Title
Funding Amount
State
Appropriation
Category
State
Program
State
CSFA
or
Appropriation
Number
Funding Source
Fiscal Year
Number
Funding Source Description
Funding Amount
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
Land Acquisition Trust
2016-2017
37.003
Beach Management Funding
$125,000
140126
Agreement
Fund, GAA Line Item #
Assistance Program
1602
Amendment
General Revenue, GAA
Beach Management Funding
No. 1
Line Item # 1626
2013-2014
37.003
Assistance Program
$32],551.30
140126
Total Award 1 $446,551.30
For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA)
[www.cfda.gov] and/or the Florida Catalog of State Financial Assistance (CSFA) f https:Happs.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.
Attachment 5
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