HomeMy WebLinkAbout2019-167F Contract#IRL2019-18
Encumbrance#GL01-1736/GL01-1895
COST-SHARE AGREEMENT
BETWEEN THE IRL COUNCIL AND INDIAN RIVER COUNTY FOR
LOST TREE ISLANDS CONSERVATION AREA ECOLOGICAL ENHANCEMENT PLAN
DESIGN AND ENGINEERING
THIS AGREEMENT("Agreement")is entered into by and between the IRL COUNCIL("Council"),
whose address is 1235 Main Street,Sebastian,Florida 32958,and INDIAN RIVER COUNTY,whose address
is 1801 27th Street, Vero Beach, Florida 32960 ("Recipient"). All references to the parties hereto include
the parties,their officers,employees,agents,successors,and assigns.
RECITALS
The waters of the state of Florida are among its basic resources, and the Council has been
authorized by the United States Environmental Protection Agency to be the local sponsor
for the Indian River Lagoon National Estuary Program.
Pursuant to the IRL Council Interlocal Agreement,the Council is responsible for managing
the Indian River Lagoon National Estuary Program.
The Council has determined that providing cost-share funding to Recipient for the purposes
provided for herein will benefit the management of the water resources of the Indian River
Lagoon.
The parties have agreed to jointly fund the following project to benefit the water resources
in accordance with the funding formula further described in the Statement of Work,
Attachment A(hereafter"the Project"):
The goal of this project is to produce a fully designed and engineered plan ready for
submittal for construction permits. The design will be: resilient and versatile to extreme
weather and climate change, establish endemic habitat, provide water quality benefits,
incorporate innovative and low maintenance elements for shoreline stabilization,eliminate
exotic vegetation, engage in public education, incorporate passive recreational
opportunities, minimize mosquito reproduction, and minimize maintenance/management
and capital costs.
In consideration of the above recitals, and the funding assistance described below,Recipient agrees
to perform and complete the activities provided for in the Statement of Work,Attachment A. Recipient shall
complete the Project in conformity with the contract documents and all attachments and other items
incorporated by reference herein.This Agreement consists of all of the following documents:(1)Agreement,
(2) Attachment A- Statement of Work; and (3) all attachments, if any. The parties hereby agree to the
following terms and conditions.
1. TERM;WITHDRAWAL OF OFFER
(a) The term of this Agreement is from the date upon which the last party has dated and
executed the same ("Effective Date") until September 30, 2020 ("Completion Date").
Recipient shall not commence the Project until any required submittals are received and
approved. Recipient shall commence performance within fifteen (15) days after the
Effective Date and shall complete performance in accordance with the time for completion
stated in the Statement of Work.Time is of the essence for every aspect of this Agreement,
including any time extensions. Notwithstanding specific mention that certain provisions
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survive termination or expiration of this Agreement,all provisions of this Agreement that
by their nature extend beyond the Completion Date survive termination or expiration
hereof.
(b) This Agreement constitutes an offer until authorized, signed and returned to the Council by
Recipient.This offer terminates sixty(60)days after receipt by Recipient.
2. DELIVERABLES. Recipient shall fully implement the Project, as described in the Statement of
Work,Attachment A.Recipient is responsible for the professional quality,technical accuracy,and
timely completion of the Project.Both workmanship and materials shall be of good quality.Unless
otherwise specifically provided for herein,Recipient shall provide and pay for all materials,labor,
and other facilities and equipment necessary to complete the Project. The Council's Project
Manager shall make a final acceptance inspection of the Project when completed and finished in
all respects. Upon satisfactory completion of the Project, the Council will provide Recipient a
written statement indicating that the Project has been completed in accordance with this Agreement.
Acceptance of the final payment by Recipient shall constitute a release in full of all claims against
the Council arising from or by reason of this Agreement.
3. OWNERSHIP OF DELIVERABLES. Unless otherwise provided herein, the Council does not
assert an ownership interest in any of the deliverables under this Agreement.
4. AMOUNT OF FUNDING.
(a) For satisfactory completion of the Project,the Council shall pay Recipient approximately
twenty-six percent(26%)of the total cost of the Project,but in no event shall the Council
cost-share exceed $65,000. The Council cost-share is not subject to modification based
upon price escalation in implementing the Project during the term of this Agreement.
Recipient shall be responsible for payment of all costs necessary to ensure completion of
the Project.Recipient shall notify the Council's Project Manager in writing upon receipt of
any additional external funding for the Project not disclosed prior to execution of this
Agreement.
(b) In-Kind Services. Recipient agrees to provide $184,800 in the form of cash and in-kind
services for the Project, as further described in the Statement of Work, which shall count
toward Recipient's total cost-share obligation of$184,800.
5. PAYMENT OF INVOICES
(a) Within 30 days after the closing date of each calendar quarter (March 31, June 30,
September 30 and December 31), Recipient shall submit an itemized invoice for the
reimbursable expenses incurred during the previous quarter by one of the following two
methods: (1)by mail to the IRL Council, 1235 Main Street, Sebastian, Florida 32958, or
(2) by e-mail to kolodny@a,irlcouncil.org. Invoices shall be submitted in detail sufficient
for proper pre-audit and post-audit review. It shall include a copy of contractor and
supplier invoices to Recipient and proof of payment. For all approved expenses, the
Council shall reimburse Recipient based upon the Council's(26%)cost-share of the total
approved expenses until the not-to-exceed amount of the Council's cost-share, $65,000,
has been expended. The Council shall not withhold any retainage from this
reimbursement. Council reimbursement is subject to annual budgetary limitation, if
applicable, as provided in subsection(g). If necessary, for audit purposes,Recipient shall
provide additional supporting information as required to document invoices.
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(b) End of Council Fiscal Year Reporting.The Council's fiscal year ends on September 30.
Irrespective of the invoicing frequency, the Council is required to account for all
encumbered funds at that time. When authorized under the Agreement, submittal of an
invoice as of September 30 satisfies this requirement. The invoice shall be submitted no
later than October 30. If the Agreement does not authorize submittal of an invoice as of
September 30, Recipient shall submit, prior to October 30, a description of the additional
Project work completed between the last invoice and September 30,and an estimate of the
additional amount due as of September 30 for such work. If there have been no prior
invoices,Recipient shall submit a description of the work completed on the Project through
September 30 and a statement estimating the dollar value of that work as of September 30.
(c) Final Invoice. The final invoice must be submitted no later than 45 days after the
Completion Date;provided,however,that when the Completion Date corresponds with the
end of the Council's fiscal year (September 30), the final invoice must be submitted no
later than 30 days after the Completion Date.Final invoices that are submitted after the
requisite date shall be subject to a penalty of 10 percent of the invoice. This penalty
may be waived by the Council,in its sole judgment and discretion,upon a showing of
special circumstances that prevent the timely submittal of the final invoice.Recipient
must request approval for delayed submittal of the final invoice not later than ten(10)
days prior to the due date and state the basis for the delay.
(d) All invoices shall include the following information: (1) Council contract number; (2)
Council encumbrance number;(3)Recipient's name and address(include remit address,if
necessary); (4) Recipient's invoice number and date of invoice; (5) Council Project
Manager;(6)Recipient's Project Manager;(7)supporting documentation as to cost and/or
Project completion (as per the cost schedule and other requirements of the Statement of
Work) and per ATTACHMENT B—CONTRACT PAYMENT REQUIREMENTS FOR
STATE-FUNDED COST REIMBURSEMENT CONTRACTS; (8) Progress Report (if
required); (9) Diversity Report (if otherwise required herein). Invoices that do not
correspond with this paragraph shall be returned without action within twenty(20)business
days of receipt, stating the basis for rejection. Payments shall be made within forty-five
(45)days of receipt of an approved invoice.
(e) Travel expenses. If the cost schedule for this Agreement includes a line item for travel
expenses, travel expenses shall be drawn from the project budget and are not otherwise
compensable. If travel expenses are not included in the cost schedule,they are a cost that
is borne by recipient.
(0 Payments withheld.The Council may withhold or,on account of subsequently discovered
evidence,nullify, in whole or in part, any payment to such an extent as may be necessary
to protect the Council from loss as a result of:(1)defective work not remedied;(2)failure
to maintain adequate progress in the Project; (3) any other material breach of this
Agreement. Amounts withheld shall not be considered due and shall not be paid until the
ground(s)for withholding payment have been remedied.
(g) Annual budgetary limitation.For multi-year agreements,it is necessary for the Council to
budget as accurately as possible the amount of funds that will be expended by the Council
during each fiscal year. The Statement or Work,Attachment A,includes the parties' current
projection of the Council's cost-share on a fiscal year basis(October 1 —September 30). If
Recipient's reimbursable costs exceed the budgeted amount during any fiscal year,the excess
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reimbursable costs shall be paid at the start of the next fiscal year. Recipient shall promptly
notify the Council when it appears that Recipient's reimbursable costs will exceed the
budgeted amount during any fiscal year and provide the Council with a revised funding plan.
If the Council's annual budget permits, the Council may, in its sole discretion, prepare a
Council Supplemental Instruction Form incorporating the revised funding plan and
authorizing additional reimbursement during the current fiscal year.
6. INDEMNITY. Recipient shall indemnify and hold harmless, release, and forever discharge the
Council,its public officers,employees,agents,representatives,successors,and assigns,from any and
all liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees,
arising from or caused by the Recipient, its employees or sub-contractors, in the performance of the
Work. The Recipient shall further indemnify the Council for all costs and penalties the Council incurs
related to any failure to offer Patient Protection and Affordable Care Act compliant health care
coverage to Recipient-employees performing under this contract.Nothing contained herein shall be
construed or interpreted as denying to any party any remedy or defense available under the laws of
the State of Florida,nor as a waiver of sovereign immunity of the State of Florida beyond the waiver
provided for in Section 768.28,Fla. Stat.,as amended.
7. LIABILITY AND INSURANCE. Each party is responsible for all personal injury and property
damage attributable to the negligent acts or omissions of that party, its officers and employees.
Nothing contained herein shall be construed or interpreted as denying to any party any remedy or
defense available under the laws of the State of Florida,nor as a waiver of sovereign immunity of
the State of Florida beyond the waiver provided for in Section 768.28,Fla.Stat.,as amended.Each
party shall acquire and maintain throughout the term of this Agreement such liability, workers'
compensation,and automobile insurance as required by their current rules and regulations,which
may include participation in a self-insurance program.
8. FUNDING CONTINGENCY. This Agreement is at all times contingent upon funding
availability, which may include a single source or multiple sources, including, but not limited to:
(1)the United States Environmental Protection Agency; (2) annual appropriations by the Florida
Legislature,or(3)appropriations from other agencies or funding sources.Agreements that extend
for a period of more than one Fiscal Year are subject to annual appropriation of funds in the sole
discretion and judgment of the Council's Board of Directors for each succeeding Fiscal Year.
Should the Project not be funded,in whole or in part,in the current Fiscal Year or succeeding Fiscal
Years, the Council shall so notify Recipient and this Agreement shall be deemed terminated for
convenience five(5)days after receipt of such notice,or within such additional time as the Council
may allow. For the purpose of this Agreement,"Fiscal Year"is defined as the period beginning on
October 1 and ending on September 30.
9. PROJECT MANAGEMENT
(a) The Project Managers listed below shall be responsible for overall coordination and
management of the Project. Either party may change its Project Manager upon three (3)
business days prior written notice to the other party. Written notice of change of address
shall be provided within five(5)business days.All notices shall be in writing to the Project
Managers at the addresses below and shall be sent by one of the following methods: (1)
hand delivery;(2)U.S.certified mail;(3)national overnight courier;(4)e-mail or,(5)fax.
Notices via certified mail are deemed delivered upon receipt.Notices via overnight courier
are deemed delivered one (1) business day after having been deposited with the courier.
Notices via e-mail or fax are deemed delivered on the date transmitted and received.
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COUNCIL RECIPIENT
Daniel Kolodny,Project Manager Beth Powell,Assistant director
IRL Council Indian River County Parks and
Conservation Resources
1235 Main Street 5500 77th Street
Sebastian,Florida 32858 Vero Beach,Florida 32967
(772)216-7148 (772)226-1873
E-mail:kolodnyna,irlcouncil.orq E-mail:bpowell@ircgov.com
(b) The Council's Project Manager shall have sole responsibility for transmitting instructions,
receiving information, and communicating Council policies and decisions regarding all
matters pertinent to performance of the Project. The Council's Project Manager may
issue a Council Supplemental Instruction (CSI) form, Attachment C, to authorize minor
changes in the Project that the parties agree are not inconsistent with the purpose of the
Project,do not affect the Council cost-share or Completion Date,or otherwise significantly
modify the terms of the Agreement.
10. PROGRESS REPORTS AND PERFORMANCE MONITORING
(a) Progress Reports. Recipient shall provide to the Council Project update/status reports as
provided in the Statement of Work. Reports will provide detail on progress of the Project and
outline any potential issues affecting completion or the overall schedule. Reports may be
submitted in any form agreed to by Council's Project Manager and Recipient but must include
Council's Quarterly Report Summary Cover Sheet, and may include emails, memos, and
letters.
(b) Performance Monitoring.For as long as the Project is operational, the Council shall have
the right to inspect the operation of the Project during normal business hours upon reasonable
prior notice. Recipient shall make available to the Council any data that is requested pertaining
to performance of the Project.
11. FAILURE TO COMPLETE PROJECT.
(a) Should Recipient fail to complete the Project, Recipient shall refund to the Council all of
the funds provided to Recipient pursuant to this Agreement. However,the Council, in its
sole judgment and discretion, may determine that Recipient has failed to complete the
Project due to circumstances that are beyond Recipient's control, or due to a good faith
determination that the Project is no longer environmentally or economically feasible. In
such event,the Council may excuse Recipient from the obligation to return funds provided
hereunder.If the Project has not been completed within 30 days after the Completion Date,
Recipient shall provide the Council with notice regarding its intention as to completion of
the Project. The parties shall discuss the status of the Project and may mutually agree to
revise the Completion Date or the scope of the Project. Failure to complete the Project
within 90 days after the Completion Date shall be deemed to constitute failure to complete
the Project for the purposes of this provision.
(b) In the event the Project constitutes a portion of the total functional project,this paragraph
shall apply in the event the total functional project is not completed.In such event,the 90-
day timeframe provided herein shall commence upon the date scheduled for completion of
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the total functional project at the time of execution of this Agreement,unless extended by
mutual agreement of the parties.
(c) This paragraph shall survive the termination or expiration of this Agreement.
12. TERMINATION
(a) Termination for Default. If Recipient materially fails to fulfill its obligations under this
Agreement, including any specific milestones established herein, the Council shall provide
Recipient written notice of the deficiency by forwarding a Notice to Cure, citing the specific
nature of the breach. Recipient shall have thirty (30) days to cure the breach. If Recipient
fails to cure the breach within the thirty(30)day period,the Council shall issue a Termination
for Default Notice and this Agreement shall be terminated upon receipt of said notice. In such
event, Recipient shall refund to the Council all funds provided to Recipient pursuant to this
Agreement within thirty(30)days of such termination. The Council may also terminate this
Agreement upon ten(10)days written notice in the event any of material misrepresentations
in the Project Proposal.
(b) Termination for Convenience. The Council may terminate this Agreement at any time for
convenience upon thirty(30)calendar days prior written notice to Recipient.Upon receipt of
notice, Recipient shall place no further orders for materials, equipment, services, or
facilities, for which reimbursement would otherwise be sought. Recipient shall also make
every reasonable effort to cancel, upon terms satisfactory to the Council, all orders or
subcontracts related to the Project for which reimbursement would otherwise be sought.In
the event of such termination, Recipient shall be compensated for all work performed
pursuant to this Agreement prior to the effective date of termination.
ADDITIONAL PROVISIONS(Alphabetical)
13. ASSIGNMENT. Recipient shall not assign this Agreement,or any monies due hereunder,without
the Council's prior written consent. Recipient is solely responsible for fulfilling all work elements
in any contracts awarded by Recipient and payment of all monies due. No provision of this
Agreement shall create a contractual relationship between the Council and any of Recipient's
contractors or subcontractors.
14. AUDIT;ACCESS TO RECORDS; REPAYMENT OF FUNDS.
(a) Maintenance of Records.Recipient shall maintain its books and records such that receipt and
expenditure of the funds provided hereunder are shown separately from other expenditures in
a format that can be easily reviewed. Recipient shall keep the records of receipts and
expenditures, copies of all reports submitted to the Council, and copies of all invoices and
supporting documentation for at least five (5) years after expiration of this Agreement. In
accordance with generally accepted governmental auditing standards,the Council shall have
access to and the right to examine any directly pertinent books and other records involving
transactions related to this Agreement. In the event of an audit, Recipient shall maintain all
required records until the audit is completed and all questions are resolved. Recipient will
provide proper facilities for access to and inspection of all required records.
(b) Repayment of Funds. Council funding shall be subject to repayment after expiration of this
Agreement if,upon audit examination,the Council finds any of the following: (1)Recipient
has spent funds for purposes other than as provided for herein; (2) Recipient has failed to
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perform a continuing obligation of this Agreement;(3)Recipient has received duplicate funds
from the Council for the same purpose; and/or (4) Recipient has received more than one
hundred percent(100%)contributions through cumulative public agency cost-share funding.
(c) Florida Inspectors General. It is the duty of every state officer, employee, agency, special
district, board, commission, contractor, and subcontractor to cooperate with the inspector
general in any investigation,audit,inspection,review,or hearing pursuant to this section.
15. FLORIDA SINGLE AUDIT ACT
(a) Applicability.The Florida Single Audit Act(FSAA), section 215.97,Fla. Stat.,applies to
all sub-recipients of state financial assistance,as defined in section 215.97(1)(q),Fla. Stat.,
awarded by the Council through a project or program that is funded, in whole or in part,
through state financial assistance to the Council. In the event Recipient expends a total
amount of state financial assistance equal to or in excess of$500,000 in any fiscal year of
such Recipient,Recipient must have a state single or project-specific audit for such fiscal
year in accordance with section 215.97, Fla. Stat.; 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. In determining the state
financial assistance expended in its fiscal year,Recipient shall consider all sources of state
financial assistance, including state financial assistance received from the Council, other
state agencies, and other non-state entities. State financial assistance does not include
Federal direct or pass-through awards and resources received by a non-state entity for
Federal program matching requirements. Recipient is solely responsible for complying
with the FSAA.
If 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, Fla. Stat., is not
required. In such event, should Recipient elect to have an audit conducted in accordance
with section 215.97,Fla.Stat.,the cost of the audit must be paid from the non-state entity's
resources(i.e.,University's resources obtained from other than State entities).
(b) Program Information This Agreement involves the disbursement of state funding by the
Department of Highway Safety and Motor Vehicles in the amount of$10,000. Funding is
provided under the State of Florida Indian River Lagoon(IRL)License Plate Program.The
Florida Catalog of Financial Assistance (CSFA) number for this program is CFSA No.
76.010. The Council is providing a funding match of$55,000.
(c) Additional Information.For information regarding the state program under the above
CSFA number,Recipient should access the Florida Single Audit Act website located
at httns://apps.fldfs.com/fsaa/catalog.aspx for assistance. The following websites may be
accessed for additional information: Legislature's Website at http://www.leg.state.fl.us/,
State of Florida's website at http://myflorida.com, District of Financial Services' Website
at http://www.fldfs.com/and the Auditor General's Website
at http://www.myflorida.com/audgen/.
(d) Allowable Costs.Recipient may only charge allowable costs to this Agreement, as
otherwise provided herein. Any balance of unobligated cash that have been advanced or
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paid that is not authorized to be retained for direct program costs in a subsequent period
must be returned to the Council.
(e) Audit Requirements.Recipient shall ensure that the audit complies with the requirements
of section 215.97(7), Fla. Stat. This includes submission of a financial reporting package
as defined by section 215.97(2), Fla. Stat., and Chapters 10.550 (local governmental
entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General. Recipient shall comply with the program requirements described in the Florida
Catalog of State Financial Assistance (CSFA) [https://apps.fldfs.com/fsaa/catalog.aspx].
The services/purposes for which the funds are to be used are included in the Statement of
Work.
(f) Financial Reporting. Recipient shall provide the Council with a copy of any reports,
management letters, or other information required to be submitted in accordance with
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations),Rules of the Auditor General,as applicable,no more than 20 days after its
preparation.Recipient shall indicate the date the reporting package was delivered
to Recipient in correspondence accompanying the reporting package. This information
shall be directed to:IRL Council,Mr.Daniel Kolodny,Chief Operating Officer, 1235 Main
Street, Sebastian, FL 32958. A copy of the report shall also be provided to the Auditor
General's Office at the following address: State of Florida Auditor General, Room 401,
Claude Pepper Building, 111 West Madison Street,Tallahassee,Florida 32399-1450.
(g) Monitoring.In addition to reviews of audits conducted in accordance with section 215.97,
Fla. Stat., as revised, monitoring procedures may include, but not be limited to, on-site
visits by Council staff, limited scope audits, and/or other procedures.University agrees to
comply and cooperate with any monitoring procedures/processes deemed appropriate by
the Council. In the event the Council determines that a limited scope audit of Recipient is
appropriate,Recipient agrees to comply with any additional instructions provided by the
Council to Recipient regarding such audit. Recipient agrees to comply and cooperate with
any inspections, reviews, investigations, or audits deemed necessary by the Council's
Independent Financial Auditor or the state Chief Financial Officer or Auditor General.
(h) Examination of Records.In addition to the Council's audit rights otherwise provided for
herein,University shall permit the Council or its designated agent, the state awarding
agency, the Department of Financial Services, the state's Chief Financial Officer and the
state's Auditor General to examine Recipient's financial and non-financial records to the
extent necessary to monitor Recipient's use of state financial assistance and to determine
whether timely and appropriate corrective actions have been taken with respect to audit
findings and recommendations,which may include onsite visits and limited scope audits.
(i) Records Retention. Notwithstanding any other provision of this Agreement to the
contrary,Recipient shall retain sufficient records demonstrating its compliance with the
terms of this Agreement for a period of five(5) years from the date the audit report is
issued,and shall allow the Council,or its designee,state Chief Financial Officer,or Auditor
General access to such records upon request.Recipient shall ensure that audit working
papers are made available for such access for a period of three years from the date the audit
report is issued,unless extended in writing by the Council.
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16. CIVIL RIGHTS. Pursuant to chapter 760,Fla. Stat.,Recipient shall not discriminate against any
employee or applicant for employment because of race,color,religion,sex,or national origin,age,
handicap,or marital status.
17. DISPUTE RESOLUTION. Recipient is under a duty to seek clarification and resolution of any
issue, discrepancy, or dispute involving performance of this Agreement by submitting a written
statement to the Council's Project Manager no later than ten (10) business days after the
precipitating event. If not resolved by the Project Manager,the Project Manager shall forward the
request to the Council's General Counsel, which shall issue a written decision within ten (10)
business days of receipt. This determination shall constitute final action of the Council and shall
then be subject to judicial review upon completion of the Project.
18. DIVERSITY REPORTING. The Council is committed to the opportunity for diversity in the
performance of all cost-sharing agreements and encourages Recipient to make a good faith effort
to ensure that women and minority-owned business enterprises(W/MBE)are given the opportunity
for maximum participation as contractors.The Council will assist Recipient by sharing information
on W/MBEs.Recipient shall provide with each invoice a report describing:(1)the company names
for all W/MBEs;(2)the type of minority,and(3)the amounts spent with each during the invoicing
period. The report will also denote if there were no W/MBE expenditures.
19. GOVERNING LAW, VENUE, ATTORNEY'S FEES, WAIVER OF RIGHT TO JURY
TRIAL. This Agreement shall be construed according to the laws of Florida and shall not be
construed more strictly against one party than against the other because it may have been drafted
by one of the parties. As used herein, "shall" is always mandatory. In the event of any legal
proceedings arising from or related to this Agreement: (1) venue for any state or federal legal
proceedings shall be in Indian River County; (2) each party shall bear its own attorney's fees,
including appeals; (3) for civil proceedings, the parties hereby consent to trial by the court and
waive the right to jury trial.
20. INDEPENDENT ENTITIES. The parties to this Agreement, their employees and agents, are
independent entities and not employees or agents of each other. Nothing in this Agreement shall
be interpreted to establish any relationship other than that of independent entities during and after
the term of this Agreement. Recipient is not a contractor of the Council. The Council is providing
cost-share funding to assist Recipient in accomplishing the Project. Recipient is solely responsible
for accomplishing the Project and directs the means and methods by which the Project is
accomplished. Recipient is solely responsible for compliance with all labor and tax laws pertaining
to Recipient,its officers,agents,and employees.
21. INTEREST OF RECIPIENT. Recipient certifies that no officer, agent, or employee of the
Council has any material interest,as defined in chapter 112,Fla. Stat.,either directly or indirectly,
in the business of Recipient to be conducted hereby, and that no such person shall have any such
interest at any time during the term of this Agreement.
22. NON-LOBBYING. Pursuant to section 216.347,Fla. Stat., as amended,Recipient agrees that funds
received from the Council under this Agreement shall not be used for the purpose of lobbying the
Legislature or any other state agency.
23. PERMITS.Recipient shall comply with all applicable federal,state and local laws and regulations
in implementing the Project and shall include this requirement in all subcontracts pertaining to the
Project. Recipient shall obtain any and all governmental permits necessary to implement the Project.
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Any activity not properly permitted prior to implementation or completed without proper permits does
not comply with this Agreement and shall not be approved for cost-share funding.
24. PUBLIC ENTITY CRIME. A person or affiliate who has been placed on the convicted vendor
list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a
contract to provide any goods or services to a public entity;may not submit a bid,proposal,or reply
on a contract with a public entity for the construction or repair of a public building or public work;
may not submit bids,proposals,or replies on leases of real property to a public entity; may not be
awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract
with any public entity; and may not transact business with any public entity in excess of the
threshold amount provided in s. 287.017 for CATEGORY TWO ($35,000) for a period of 36
months following the date of being placed on the convicted vendor list.
25. PUBLIC RECORDS.
(a) Records of Recipient that are made or received in the course of performance of the Project
may be public records that are subject to the requirements of chapter 119, Fla. Stat. If
Recipient receives a public records request, Recipient shall promptly notify the Council's
Project Manager. Each party reserves the right to cancel this Agreement for refusal by the
other party to allow public access to all documents,papers,letters,or other material related
hereto and subject to the provisions of chapter 119,Fla. Stat.,as amended.
(b) IF RECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE RECIPIENTS'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE
COUNCIL'S CUSTODIAN OF PUBLIC RECORDS AT (772) 216-
7148, KOLODNYIRLCOUNCIL.ORG, 1235 MAIN STREET,
SEBASTIAN, FLORIDA 32958.
(c) Recipient shall keep and maintain public records required by the Council to perform the
Project.
(d) Upon request from the Council's custodian of public records, Recipient shall provide the
Council with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in chapter 119,Fla.
Stat.or as otherwise provided by law.
(e) Recipient shall ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor does
not transfer the records to the Council.
(0 Upon completion of the contract,Recipient may transfer,at no cost,to the Council all public
records in possession of the Recipient or keep and maintain public records required by the
Council to perform the service.If the Recipient transfers all public records to the Council upon
completion of the contract,the Recipient shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the
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Recipient keeps and maintains public records upon completion of the contract,the Recipient
shall meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the Council,upon request from the Council's custodian of
public records,in a format that is compatible with the information technology systems of the
Council.
26. ROYALTIES AND PATENTS. Recipient certifies that the Project does not, to the best of its
information and belief, infringe on any patent rights. Recipient shall pay all royalties and patent
and license fees necessary for performance of the Project and shall defend all suits or claims for
infringement of any patent rights and save and hold the Council harmless from loss to the extent
allowed by Florida law.
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IN WITNESS WHEREOF,the IRL Council has caused this Agreement to be executed on the day
and year written below in its name by its Executive Director,and Recipient has caused this Agreement to be
executed on the day and year written below in its name by its duly authorized representatives,and,if
appropriate,has caused the seal of the corporation to be attached.This Agreement may be executed in
separate counterparts,which shall not affect its validity.Upon execution,this Agreement constitutes the
entire agreement of the parties,notwithstanding any stipulations,representations,agreements,or
promises, oral or otherwise,not printed or inserted herein. This Agreement cannot be changed by any
means other than written amendments referencing this Agreement and signed by all parties.
IRL COUNCIL INDIAN RIVER COUNTY
By: 44,4„z ,a4e,„ By: _ '_;,dmi - \--,02—", 1:c3:... 1,4. .ci:•*..1
Duane E.De Freese,Ph.D.,Executive Director !, :
Bob Solari, Chairman .aR
Typed Name and Title =.oma• t r;):1) (.
•
Date: a4t1/1, 3/ /? Date: October 15, 2019 .�`9:�Ai�rR000N '
APPRP D BY THE IRL
GE :it L COUNSEL �,/� '
Attest: GGdc2 £{I d/AJ
\lRandi Wardlow, Deputy Clerk
Carol S. • nsay,General Counsel Typed Name and Title
ATTACHMENTS
Attachment A—Statement of Work
Attachment B—Contract Payment Requirements for State-Funded Cost Reimbursement Contracts
Attachment C—Council Supplemental Instructions Form
Cost-share:Non-profit corporation
Last updated:5-31-2019 APPROVED A S TO FORM
AND LFGAL.AL SUF=FICIENCY
iYLAN MisiNGOLD
COUNTY ATTORNEY
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ATTACHMENT A-STATEMENT OF WORK
PROJECT TITLE:
Lost Tree Islands Conservation Area Ecological Enhancement Plan Design and Engineering
II. INTRODUCTION/BACKGROUND:
Serious threats to the health of the Indian River Lagoon(IRL)include reduced water quality due to
manmade hydrologic changes, projected impacts due to extreme weather events and climate
change, non-point source pollution, loss and fragmentation of habitats, overuse/overharvest of
resources, and the continued invasion by invasive exotic species. Less apparent forms of direct
habitat loss also impact the IRL. For example, more than 40,000 acres of highly productive salt
marsh and mangrove marsh have been converted into mosquito impoundments. Both the
productivity and the nursery habitat value of impounded marshes are lost to the rest of the IRL.
Recent storms such as Hurricane Matthew (2016) and Irma (2017) have resulted in significant
damage to developed and undeveloped lands within,and abutting,the Lagoon.Most recent studies
and models indicate that there will continue to be an increase in the frequency of hurricane landfalls
in the southeastern US.Anticipated impacts from hurricanes to Lagoon habitats include excessive
pollutant loading from large volumes of stormwater runoff, algal blooms, fish and invertebrate
mortality,aquatic animal displacements,large scale releases of chemical pollutants and debris,and
exacerbated spread of exotic species by colonization of scoured areas. It is fortunate that many
ecological components of estuaries and coastal systems, although initially severely altered by
hurricane damage, appear to be resilient to the acute effects of periodic hurricanes. The concern,
however, is how to take actions that bolster resiliency and sustainability of these systems as the
frequency of these storms increases and there is reduced time for recovery. This issue is further
complicated by anticipated sea level rise and other climate change related effects such as increases
in ambient water temperatures.
Impacts from sea level rise will directly affect the ecology, hydrodynamics, circulation patterns,
depth and salinity of the IRL. Fringing mangrove communities serve to stabilize sediments and
provide habitat and nursery area for numerous fish and invertebrates.These mangrove communities
have adapted to maintain their location along the interface between the Lagoon and upland areas
by accreting sediment at a rate in tune with sea level rise (as it occurs at a relatively slow pace).
Accelerated sea level rise could result in significant loss of buffering mangroves by outpacing their
ability to accumulate sediments at appropriate rates.
Similar to mangrove wetlands, seagrass beds are critical to the overall health and water quality of
the Lagoon. They provide sediment stabilization and habitat for a variety of marine species.
Seagrass beds oxygenate the water column,provide substratum for epiphytes and are a food source
utilized by manatees, urchins, conchs, some fish and sea turtles. Increased water depths in the
Lagoon may reduce light penetration and adversely impact the photosynthetic capacities of
seagrasses leading to substantial decreases in seagrass coverage. Further complicating the loss of
seagrass habitat,increases in salinity levels are known to adversely affect the larval stages of some
estuarine invertebrate organisms thereby reducing their abundance and diversity. Loss of these
invertebrates will dramatically impact the food web in the Lagoon.Biodiversity as a whole will be
reduced as sea levels rise and warmer water temperatures and native species are displaced by
invasive and other opportunistic organisms.
Municipalities along the east coast of Florida Indian River County have witnessed the ecological
changes in the Lagoon that are attributable to coastal development. It is becoming apparent that
these changes are exacerbated by the frequency of extreme storms. For example, Indian River
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County has noted significant loss of maritime hammock in several of our conservation areas as a
result of frequent and sustained salt water inundation.Additionally,storm surge and frequent high
water events are facilitating the conversion of sand flats and herbaceous salt marshes to
monocultures of white mangroves thus reducing biodiversity.Loss of this type of high marsh within
the County results in many detrimental impacts to the Lagoon,most notably direct habitat loss for
wildlife and the reduction of critical treatment of stormwater runoff prior to entering the Lagoon.
'. . .
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Lost Tree Islands Conservation Area
This grant application will be focused on development of a plan for the three larger islands. It is
the County's vision to develop this plan so that the restoration strategies completed may be utilized
for enhancing the remaining areas within the LTICA, as well as other spoil island projects
throughout the IRL.
The larger islands and the wetlands within the LTICA may have formed through natural processes,
however, these islands were used as spoil deposition sites as part of the Intercoastal Waterway
(ICW) dredging. There is little native vegetation on these islands remaining; the majority of the
islands are covered with Australian pines (Casuarina equisetifolia)and Brazilian pepper(Schinus
terebinthifolius).
Three wetland mitigation projects have been permitted on two of the three largest islands to date.
The first project is located on the northern end of Earman Island. This project was permitted and
designed as a coastal wetland mitigation project.The project plan involved clearing Australian pine
and Brazilian pepper, and allowing native wetland vegetation to recruit on-site. Maintenance
activities were limited to eliminating seedling Australian pine and Brazilian pepper,as well as other
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nuisance native species. Desirable wetland vegetation immediately colonized the shoreline areas,
and the wetlands exceeded 90%cover by desirable species within three years of construction.
For reference,sample monitoringphoto. a.hs of the LTICA .ast .ro'ects are •resented below.
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Lost Tree ilial . *..rucn aOon Arrr
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The second and third mitigation projects were constructed on the northern end of Duck Head Island.
Construction was completed in late 2009. These projects ground the Brazilian pepper and smaller
Australian pines in place. The mulch was used to minimize erosion. A portion of the larger
Australian pines were killed using herbicides and left in place for perching sites.This plan included
engineered re-grading to create submergent and emergent wetlands. As part of the engineered
design,the soil balance for the site allowed for the creation of upland coastal hammock.The project
site was vegetated using a combination of planted nursery stock and natural recruitment.Desirable
cover of vegetation was achieved on this site within 3-5 years (the longer duration for upland
communities).
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The County has been monitoring and maintaining the areas from the point at which the mitigation
projects were deemed to be successful by agency personnel. Maintenance has included removal of
seedling trees, and spot spraying undesirable vegetation. The challenges and successes that the
County experienced through the implementation of these projects provide a solid basis for the
design of a comprehensive plan for ecological enhancement of the three larger islands.
The Indian River Lagoon National Estuary Program (IRLNEP), Florida Department of
Environmental Protection (FDEP), the Florida Freshwater Wildlife Conservation Commission
(FWC), and the Water Management Districts (SJRWMD, SFWMD) are on the forefront of
planning and implementation of programs directed at improving the health and viability of the
Lagoon. Groups like the Spoil Island Working Group and the East-Central Florida Estuarine
Restoration Team (ECERT) include a diverse assemblage of recognized experts from all levels of
government (including those identified above). This expertise has resulted in several successful
spoil island enhancement projects that will be used a basis in the design of a diverse,resilient,and
sustainable LTICA. The ecological enhancement of the LTICA will be used as an educational
platform to engage the public and local schools so that they may learn what they can do to assist in
this process.It is the County's plan to use the design of the ecological enhancements at the LTICA
as a basis for other improvements that may be possible throughout the County.
III. PROJECT VALUE PROPOSITION STATEMENT:
This project will encompass several objectives. The project objectives for design and engineering
of the LTICA habitat enhancement plan are briefly summarized as follows:
• Site design that is resilient and versatile, and by its nature will be adaptable during
extreme weather events and climate change
•Water quality benefits through creation and enhancement of wetland communities
•Establishment of endemic habitat, including,but not limited to:
o High marsh habitat which is a rare resource in Indian River County
o Strategically located mangrove wetlands
o Maritime hammock habitat
o Salt flats and open sandy beaches for shorebird nesting
o Seagrass habitat(based on appropriateness and feasibility)
o Oyster reefs(based on appropriateness and feasibility)
o Expanded nursery areas for fish and invertebrates
•Incorporation of innovative,low maintenance elements for shoreline stabilization
•Incorporation of green technologies where appropriate and feasible
•Provide for educational engagement on the ecological issues facing the Lagoon
• Provide passive recreational opportunities that promote ecotourism, educational
awareness,local responsibility and facilitates informed community input
•Minimization of mosquito production
• Elimination of nuisance and exotic plant species such as Australian pine and Brazilian
pepper
•Minimization of long-term maintenance,management,and capital costs
IV. LOCATION OF PROJECT:
The 508-acre site is located at 27°40'29.90"N&80°22'43.43"W in the Central IRL,in Indian River
County. The islands are approximately 0.75 miles north of the SR 60 boat launch on the barrier
island. In 2002 the Town of Indian River Shores and the City of Vero Beach entered into an
interlocal agreement with the County for the purchase and maintenance of the site. The
conservation area was purchased in 2003 with funds from the Florida Communities Trust. The
LTICA is the second largest publicly owned island system that is protected in Indian River County
and includes more than 10 miles of shoreline habitat.
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V. SCOPE OF WORK:
A. Initial Baseline Data Collection:Baseline data collection will be required to develop the plan.
Based on the 1-year schedule for the project, there is a need to collect site-specific baseline
seagrass coverage data prior to October 1, 2019 (to fall within optimal time for survey). The
County recently met with staff at the Smithsonian Institute to discuss the technical aspects of
this project. Staff at Smithsonian indicated that they would be willing to collaborate with the
County on the collection of this baseline seagrass data. The County feels that this is a unique
opportunity to enlist their staff expertise to collect available information on the benthic
environment adjacent to the islands. Field data collected by their staff will benefit both the
County,as well as the Smithsonian's on-going research in the Lagoon.
As depicted on the general rendering of available SJRWMD seagrass data there is limited
covera_e within,and ad'acent to,the LTICA.
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There are two objectives related to seagrass coverage in the IRL that the County intends to
incorporate into the design and engineering of the LTICA plan: (1) planning to ensure that
project implementation is beneficial to the existing adjacent seagrass areas;and(2)planning to
identify potential areas where seagrass coverage adjacent to the islands may be enhanced.
B. Procurement of Contractor: The administrative process of procuring a design engineer for
the project will be another element scheduled prior to the October 1,2019 initiation of the grant
period. It is the County's plan to generate a Request for Proposal,advertise, select, and award
the project agreement with a Notice to Proceed of October 1, 2019. Upon notification a grant
award for the project, staff will work closely with the IRLNEP to ensure that all necessary
procurement guidelines are followed.
C. Additional Baseline Data Collection: Additional baseline data would be collected upon
initiation of the grant period.It is anticipated that the data collection will include,at minimum:
• Topographic and bathymetric survey: The County has collected limited topographic
information as part of previous mitigation projects completed.Using County LIDAR,as well
as additional field survey, additional topographic data will be collected for use in project
design.
As part of the due diligence for the project,the County contacted the SJRWMD and received
bathymetric data that will be very useful in project design. This information may be
supplemented with data from the US Corps of Engineers (COE) and the Florida Inland
Navigation District (FIND). Upon evaluation of data received, the County will arrange for
additional bathymetric survey for selected areas along the LTICA shoreline to provide
sufficient information for project design. The completion of the baseline seagrass survey also
will provide input into this process.
• Vegetative cover mapping:As mentioned previously,the majority of the three larger islands
is vegetated with exotic species. The County will conduct field survey to identify any small
areas with larger native trees or significant areas with native cover to include this information
in project design. In addition, the County will use a combination of field survey and aerial
interpretation(using 2019 County Pictometry)to locate jurisdictional wetlands on the islands.
It is presumed that the extent of wetlands will be confined to the perimeter of each island,
however, the survey will locate the limits of all wetland areas as well as composition. The
objective would be to incorporate existing wetlands and native vegetation into the plan to the
greatest extent feasible.
•Existing habitat assessment: The upland portions of the site are dominated by exotic species
that provide limited refuge for wildlife.Mangrove wetlands along the perimeter of the islands
provide significant shoreline stabilization and wildlife benefits. The County will complete a
baseline survey to document existing wildlife use; as the enhancement plan is implemented
this survey data will be used as part of the adaptive management of the site to maximize
potential wildlife habitat.
•Protected species data: As part of the regulatory engagement for the project,the County will
consult with the USFWS and the FFWCC regarding listed species. The objective will be to
evaluate the following:(1)existing habitat utilization in proximity to the LTICA;(2)wildlife
data and documented successful habitat restoration efforts for similar projects; (3) methods
for incorporating elements of protected species recovery plans into the LTICA habitat
enhancement plan,and(4)permitting strategies for the LTICA project.
•Hydrologic data:The County will collect available data on tidal fluctuations,extreme storm
events,and channel/navigational information for use in project design.
•Geotechnical data:The development of the plan may require collection of soil profiles in areas
where connections to the IRL are proposed(for both ecological and structural aspects of the
project).
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D. Development of Conceptual Plan: The County will develop a conceptual habitat
enhancement plan for use in regulatory and stakeholder engagement meetings. This plan will
present a formative strategy for the eventual development of the engineered plan, and will be
used to solicit input from various entities so that the County can maximize the ecological,
recreational,and educational benefits of the project.The conceptual plan will also be useful in
evaluating permitting criteria, construction techniques and associated costs, potential
monitoring and maintenance costs and logistics, and compatibility with other long-range IRL
planning efforts.
E. Regulatory Engagement: It is critical to the successful implementation of the project that the
final plan receives all required permits for construction in a timely manner. The County will
develop a schedule for meeting with regulatory entities who will be involved in project
approvals to streamline the eventual permitting process. This engagement will allow the
County to incorporate any information provided by these entities into project planning and will
allow the County to prepare permitting packages that contain all required information for
efficient processing.
Regulatory engagement will be a key component of project success from the perspective of
maximizing the potential ecological value of the LTICA.The County will reach out to experts
at the various local, State and federal agencies to solicit input for project planning and design
for issues such as water quality,habitat and biodiversity,and sustainability and resiliency.
F. Stakeholder/Public Engagement: It is the County's practice to establish a robust public
engagement process for large-scale projects such as the LTICA ecological enhancement plan.
The Coordination with the general public and special interest groups will occur throughout the
project design and engineering process. A schedule of meetings will be established so that the
County is receiving input as the design progresses. The engagement of the public into the
project serves many beneficial functions: (1)general awareness of the impending project; (2)
provides a mechanism for input into the design process; (3)allows the County to disseminate
accurate and timely information and directly respond to questions; (4)promotes awareness of
issues involving the IRL and allows the County to communicate the scope of on-going efforts
for improvement; and (5) encourages active participation in efforts to improve conditions in
the IRL.
G. Design&Engineering:The design and engineering of the project will be guided by the project
objectives listed in Section II. Major elements of the design will include:
a)Mobilization/demobilization,clean-up and staging
b)Exotic species removal(phasing,methods and disposal)
c)Construction phasing plan
d)Site layout and grading plan(including soil balance assessment)
e)Hydrologic analyses
f)Erosion control
g)Planting plan
h)Recreational elements(trails,boardwalks,etc.)
i)Notes and specifications
H. Monitoring and Adaptive Maintenance: As part of the permitting process it is anticipated
that a monitoring and maintenance plan will be required. Carefully planned monitoring plans
are key to the successful establishment and long-term viability of created and enhanced
communities. Monitoring data will facilitate implementation of corrective measures such as
exotics species control, possible re-planting areas, erosion control; provide insight into the
effectiveness of water flows and levels based on species composition,substrate conditions and
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wildlife use; determine how elevations are affecting diversity and composition; and assess
water quality as needed. This monitoring data will be used to document trends and to guide
other restoration efforts that the County may implement along the IRL. Data will be available
for use by others for research or restoration efforts.
A detailed monitoring plan for the site will be developed as part of the design and engineering
process. Baseline monitoring will be conducted prior to project implementation to document
site conditions. It is anticipated that long-term proposed monitoring activities may include:
➢ Photographic Monitoring:Establishment of photo stations to document conditions
within the wetlands over time.
➢ Vegetative Monitoring: Establishment sampling methods to document diversity and
cover within the wetlands and uplands.
➢ Hydrologic Monitoring: Installation of staff gauges as needed to verify water levels
during monitoring events and other needed timeframes.
➢ Sediment Monitoring: Inspection of the system to detect any areas of significant erosion
that may cause problems in wetland operation.The County may also elect to conduct
baseline and periodic benthic analyses to evaluate trends and compare to data from other
parts of the IRL.
➢ Water Quality Monitoring:As part of the monitoring of the site,data including
temperature,dissolved oxygen, salinity,and pH may be collected. Samples to determine
influent and effluent levels of specific nutrients may be included as part of the proposed
monitoring to evaluate the level of water quality enhancement provided by flow-way
created wetlands that may be incorporated into the project design.
➢ Wildlife Assessment: Collection of observed wildlife species on the LTICA will help
guide adaptive management planning efforts. Site management will focus on maximizing
potential habitat by incorporating strategies enhance foraging, loafing and breeding
opportunities.Monitoring data will be used to further agency efforts detailed within
various species recovery plans. To supplement the proposed monitoring plan,an adaptive
maintenance plan will be developed for the project.
I. Educational Programming
As part of the stakeholder engagement process,the County will develop educational
information for viewing and distribution at meetings. This information may include
educational boards focusing on challenges facing the Lagoon(IRLNEP Vital Signs),and
informational materials describing the importance of the LTICA habitat plan,and specific
ecological benefits.
VI. TASK IDENTIFICATION:
Task 1: Council's Initial Project Executive Summary sheet:
The County will prepare and submit Council's Initial Project Executive Summary Sheet
Task 2:Procurement of Contractor:
The County will generate a Request for Proposal,advertise,select,and award the project
agreement once the contract is executed.
Task 3:Additional Baseline Data Collection:
The county will collect additional data as outlined in Section V.C.above.
Task 4: Development of a Conceptual Plan:
The County will develop a conceptual habitat enhancement plan for use in regulatory and
stakeholder engagement meetings.This plan will present a formative strategy for the
eventual development of the engineered plan and will be used to solicit input from
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various entities so that the County can maximize the ecological,recreational,and
educational benefits of the project.The conceptual plan will also be useful in evaluating
permitting criteria,construction techniques and associated costs,potential monitoring and
maintenance costs and logistics,and compatibility with other long-range IRL planning
efforts.
Task 5: Quarterly Progress Reports and Final Report:
The County will prepare and submit quarterly progress reports that includes Council's
Quarterly Report Summary Cover Page after the first quarter following contract execution
and continuing to project completion. These reports will summarize the status of design
efforts,as well as providing a description of regulatory and stakeholder meeting completed
and include information for any other tasks without a specific deliverable.
The County will also complete 100%of the project and will submit a project final report
that includes Council's Final Report Executive Summary Cover Page.The final report will
provide copies of the final engineering plans, construction specifications, and anticipated
project monitoring and maintenance requirements.
Task 6:Regulatory Engagement:
The County will develop a schedule for meeting with regulatory entities who will be
involved in project approvals to streamline the eventual permitting process. This
engagement will allow the County to incorporate any information provided by these
entities into project planning and will allow the County to prepare permitting packages that
contain all required information for efficient processing.
Task 7: Stakeholder/Public Engagement:
The County will schedule public meetings so that the County is receiving input as the
design progresses.
Task 8: Design and Engineering:
The County will complete the design and engineering phase of this project by considering
the elements outlined in Section V.G. above.
Task 9:Monitoring and Maintenance Plans:
At the end of the design and engineering phase,the county will develop a Monitoring and
Maintenance Plan that considers the elements outlined in Section V.H. above
VII. DELIVERABLES AND TIME FRAMES:
Task 1: The Council's Initial Project Executive Summary Sheet due October 31, 2019
Task 2: Procurement of Contractor. Name of hired contractor to be included in first quarterly
progress report due January 31, 2020.
Task 3:Additional Baseline Collection. Data collected during this task is to be included in the first
quarterly progress report due January 31, 2020.
Task 4:Development of a Conceptual Plan.A copy of the Conceptual Plan to be included with the
second quarterly report due April 30, 2020.
Task 5: Quarterly Progress Reports and Project Final Report. Quarterly Reports are due January
31, 2020,April 30, 2020, and July 31, 2020. The Final Report is due September 30, 2020.
Task 6:Regulatory Engagement. Updates related to this task will be included in all the quarterly
progress reports.
Task 7: Stakeholder/Public Engagement: Updates related to this task will be included an all the
quarterly progress reports.
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Task 8: Design and Engineering:A copy of the final plan will be included in the Final Report due
September 30, 2020
Task 9:Monitoring and Maintenance Plans: Copies of the final plans will b e included in the Final
Report due September 30, 2020.
VIII. BUDGET
Task line Task Name IRL Cost Share Cost share Funding Source and I
item Funding Funding Type
Amount Amount
1 Initial Project Executive $0 $0 N/A
Summary Sheet
2 Procurement of $0 $0 N/A
Contractor _
3 Additional Baseline $0 $60,000 IRC Cash
Collection $3,000 IRC In-Kind
4 Development of $0 $4,500 IRC Cash
Conceptual Plan $800 IRC In-Kind
5 Quarterly Progress $0 $600 IRC In-Kind
Reports and Final
Report
6 Regulatory Engagement $0 $4,800 IRC Cash
$1,200 IRC In-Kind
7 Stakeholder/Public $0 $800 IRC Cash
Engagement $2,000 IRC In-Kind
8 Design and Engineering $65,000 $102,500 IRC Cash
$3,100 IRC In-Kind
9 Monitoring and $0 $1,500 IRC In-Kind
Maintenance Plans
Summary of Costs $65,000 $184,800
Project total: $249,800
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ATTACHMENT-B
CONTRACT PAYMENT REQUIREMENTS FOR
STATE-FUNDED COST REIMBURSEMENT CONTRACTS
Invoices for state-funded 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 shall clearly
reflect the dates of service. Only expenditures for categories in the approved contract budget will be
reimbursed.
Listed below are examples of the types of documentation representing the minimum requirements by cost
category:
Salaries: Submit a payroll register or similar documentation showing gross salary charges,
fringe benefits,other deductions,and net pay. If an individual is paid by the hour,
a document reflecting the hours worked times the rate of pay is acceptable.
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.
Travel: Reimbursement for travel must be in accordance with section 112.061, Florida
Statutes,which includes submission of the claim on the approved State of Florida
(State)or Council travel voucher.
Other direct costs: Reimbursement is based upon paid invoices/receipts.If nonexpendable property is
purchased using State funds,the contract should include a provision for the transfer
of the property to the State when services are terminated.Documentation must be
provided to show compliance with Department of Management Services Rule
60A-1.017,Florida Administrative Code,regarding the requirements for contracts
which include services and that provide for the contractor to purchase tangible
personal property as defined in section 273.02, Florida Statutes, for subsequent
transfer to the State.
In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be
reimbursed on a usage log which shows the units times the rate being charged. The
rates must be reasonable.
Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate,
then the calculation should be shown.
The"Reference Guide for State Expenditures"prepared by the Florida Department of Financial Services
can be found at this web address: http://www.fldfs.com/aadir/reference_guide.htm
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Contract#IRL2019-18
Encumbrance#GL01-1736/GL01-1895
ATTACHMENT C—COUNCIL'S SUPPLEMENTAL INSTRUCTIONS (sample)
COUNCIL SUPPLEMENTAL INSTRUCTIONS#
DATE:
TO:
FROM: ,Project Manager
CONTRACT/PURCHASE ORDER NUMBER:
CONTRACT TITLE:
The Work shall be carried out in accordance with the following supplemental instruction issued in accordance
with the Contract Documents without change in the Contract Sum or Contract Time. Prior to proceeding in
accordance with these instructions,indicate your acceptance of these instructions for minor changes to the work
as consistent with the Contract Documents and return to the Council's Project Manager.
1. CONTRACTOR'S SUPPLEMENTAL INSTRUCTIONS:
2. DESCRIPTION OF WORK TO BE CHANGED:
3. DESCRIPTION OF SUPPLEMENTAL INSTRUCTION REQUIREMENTS:
Contractor's approval: (choose one of the items below):
Approved: Date:
(It is agreed that these instructions shall not result in a change in the Total Compensation or the Completion
Date.)
Approved: Date:
(Contractor agrees to implement the Supplemental Instructions as requested,but reserves the right to seek
a Change Order in accordance with the requirements of the Agreement.)
Approved: Date:
,Council Project Manager
cc: Contract file
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