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HomeMy WebLinkAbout2020-076AMENDMENT NO. 1 TO AGREEMENT NO. 191R3 BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND INDIAN RIVER COUNTY This Amendment to Agreement No. 19183 (Agreement) is made by and between the Department of Environmental Protection (Department), an agency of the State of Florida, and Indian River County, 1801 27th Street, Building A, Vero Beach, FL 32960 (Grantee), on the date last signed below. WHEREAS, the Department entered into the Agreement with the Grantee for feasibility, design and construction effective September 26, 2019; and WHEREAS, the parties wish to amend the Agreement as set forth herein. NOW THEREFORE, the parties agree as follows: 1) The total amount of funding of the Agreement is increased to $1.748,751.00. 2) 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. 3) Attachment 5, Special Audit Requirements, is hereby deleted in its entirety and replaced with Attachment 5-A, Revised Special Audit Requirements, as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 5 shall hereinafter refer to Attachment 5--A, Revised Special Audit Requirements. 4) All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistency may appear between the Agreement and this Amendment, the provisions of this Amendment shall control. 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,,... Indian River County tFlorida Department of a Environmental Protection \ . l%Z _ 4 By: - Title: Date: ani' dams, Chafi�tixt� F,,. Secretary or Designee Date: April 29, 2020 LIST OF ATTACHMENTS/EXHIBITS INCLUDED AS PART OF THIS AMENDMENT: Specify Type Letter/Number Description Attachment 3-A Revised Grant Work Plan, (4 pages) Attachment 5-A Revised Special Audit Requirements (7 pages) APPROVEn AS TO FORA /-�'Z a�7 Attest: Jeffrey R. Smith, Clerk of Agreement No.: 191 R3 BY V 1 iANI K. DFR'RNAI Amendment No.Circuit Court and Comptroller DEPUTY C+I1MIlYATI'ORNEY Rev. 11/21/2019 Deputy Clerk ORCP Additional Signatures DEP Grant Manager Digitally alg-d by Avery Avery Lehmann Lehmann Date: 2020.04.78 14:51:14 -04'00' DEP QC Reviewer Local Sponsor may add additional signatures if needed below. ATTACHMENT 3-A REVISED GRANT WORK PLAN PROJECT TITLE: Vero Beach Restoration PROJECT LOCATION: The Project is located between Department of Environmental Protection (Department or DEP) reference monuments R70and R86 along the Atlantic Ocean, in Indian River County, Florida. PROJECT BACKGROUND: The Vero Beach Restoration Project consists of a restoration of 3.07 miles of critically eroded shoreline between DEP reference monuments R-70 and R-86 in Indian River County. The County conducted a feasibility study and recently received federal and state permits for the restoration project. PROJECT DESCRIPTION: The Project consists of feasibility, design and construction. PROJECT ELIGIBILITY: The Department has determined that 93.3 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 $1,748,751.00 for this Project or up to 46.65 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, Florida Administrative Code (F.A.C.). The Local Sponsor will be responsible for auditing all travel reimbursement expenses based on the travel limits established in Section 112.061, Florida Statute (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. Pursuant to 62B-36.005(i)(d), F.A.C., the Local Sponsor 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: littps://floridadep.,ov/sites/default/fileslPhysicalMonitoringStandards.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. 19IR3, Amendment 1, Attachment 3-A, Page 1 of 4 Acronyms: CCCL — Coastal Construction Control Line DEP — Florida Department of Environmental Protection F.S. — Florida Statutes F.A.C. — Florida Administrative Code FEMA — Federal Emergency Management Agency FWC — Florida Fish and Wildlife Conservation Commission FWS — United States Fish and Wildlife Service JCP—Joint Coastal Permit NEPA — National Environmental Policy Act NMFS —National Marine Fisheries Service RAI — Request for Additional Information USACE — United States Army Corps of Engineers TASKS and DELIVERABLES: The Local Sponsor will provide detailed scopes of work or a letter requesting advance payment if authorized by Attachment 2, for all tasks identified below, 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: Feasibility Task Description: The Local Sponsor will acquire professional services for activities necessary to determine the feasibility of the proposed Project or Project -related improvements necessary to accomplish Department -approved goals and strategies. Deliverable: Certification of Completion including documentation of submittal affirming that the final feasibility report 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. 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. DEP Agreement No. 191R3, Amendment 1, Attachment 3-A, Page 2 of 4 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. Task 3 Construction Task Description: This task includes work performed and costs incurred associated with the placement of fill material and/or the construction of erosion control structures within the Project area. Project costs associated with eligible beach and inlet construction activities include work approved through construction bids and/or construction -phase engineering and monitoring services contracts. Eligible costs may include mobilization, demobilization, construction observation or inspection services, physical and environmental surveys, beach fill, tilling and scarp removal, erosion control structures, mitigation reefs, dune stabilization treasures and native beach -dune vegetation. Construction shall be conducted in accordance with any and all State or Federal permits. 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 by a Florida -registered Professional Engineer with documentation of submittal to the Department affirming the construction task was completed in accordance with construction contract documents. For interim payment requests, a Task Summary Report must be submitted detailing activities completed 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. DEP Agreement No. 191113, Amendment 1, Attachment 3-A, Page 3 of 4 Eligible Project Cost Task # Eligible Project Tasks State Cost Share /o Fe de ral Estimated Project Costs DEP Local 'Total 1 Feasibility 50.000/0 1/1/2016 $16,124.00 $16,124.00 532,248.00 Contractual Services $109,029.33 1/1/2016 8/30/2023 3 Construction Contractual Services 2 IDesign 46.65% Total: $109,029.33 $124,688.42 $233,717.75 3 Construction 46.65% $1,030,156.13 $1.623,597.67 $1,856,783.19 54,510,536.99 TOTAL PROJECT COSTS 1 $1,030,156.13 $1,748,751.00 51,997,595.61 $4,776,502.74 Note: The federal share includes FEMA and DEM. 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 Deliverable Due Date 1 Feasibility Contractual Services $16,124.00 1/1/2016 8/30/2023 2 Design Contractual Services $109,029.33 1/1/2016 8/30/2023 3 Construction Contractual Services $1,6231597.67 1 1/l/2016 1 8/30/2023 Total: 1 $1,748,751.00 DEP Agreement No. 191R3, Amendment 1, Attachment 3-A, Page 4 of 4 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Revised Special Audit Requirements (State and Federal Financial Assistance) Attachment 5-A The administration of resources awarded by the Department of Environmental Protection (which may he referred to as the "Department", "DEP". "P -DEP" or "Grantor", or other name in the agreement) to the recipient (which mat, be referred to as the "Recipient", "Grantee" or other name in the 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 2 CFR Part 200, Subpart F -Audit Requirements, and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, 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 (CFO) or Auditor General. AUDITS PART L• FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 A recipient that expends $750,000 or more in Federal awards in its fiscal year, must have a single or program - specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. 2. For the audit requirements addressed in Part 1, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. A recipient that expends less than $750,00 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F -Audit Requirements. If the recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F -Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit mist be paid from recipient resources obtained from other federal entities. 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at www.cfda.aov Attachment 5-A I of 7 BGS -DEP 55-215 revised 7/2019 PART Il: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. in the event that the recipient expends a total amount of state financial assistance equal to or in excess of 5750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 691-5, F.A.C.. State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations). Rules of the Auditor General. EXHIBIT 1 to this form lists the 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 1I, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending June 30, 2017, and thereafter), 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 http:',,www.leg.state,fl.us/Welcome/index.cfni State of Florida's website at http:/iwww.mv iorida.con�', Department of Financial Services' Website at http://w,,N-rv.fdfs.com/and the Auditor General's Website at http:',/www. myflori da. com!audgen/. PART Ill: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to speck any additional audit requirements imposed by the State awarding entity that art: solely, a mutter 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 21.1.97(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 arrangefor r funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F -Audit Requirements, and required by PART I of this form shall be submitted, when required by 2 CFR 200.512, by or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a) (the number of copies required by 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: Attachment 5-A 2 of 7 BGS -DEP 55-215 revised 7/2019 By Mail: 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:/iharvester.census.QOV/facwcb% 2. 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 Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit(aidep.state,fl.us B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website (http://flauditor.gov/) provides instructions for filing an electronic copy of a financial reporting package. 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 Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit!iz<:dcp.state. fl.us 4. 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 2 CFR 200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Attachment 5-A 3of7 BGS -DEP 55-215 revised 7/2019 Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F -Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (non and for-profit organizations), Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (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 three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. 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Governor Marjory Stoneman Douglas Building Noahvalensteln 3900 Commonwealth Boulevard Secretary Tallahassee, FL 32399 Memorandum TO: Noah Valenstein, Secretary THROUGH: Frank Powell, Assistant Deputy Secretary FROM: Alex Reed, Director, Office of Resilience and Coastal Protection SUBJECT: Request for Signature Delegation for the Beach Management Funding Assistance Program DATE: November 1, 2019 ISSUE: The Office of Resilience and Coast Protection is requesting delegation of signature authority for the Beach Management Funding Assistance Program, for those projects that are at the funding levels requiring signature by the Secretary and the Deputy Secretary. The projects are selected for funding pursuant to Legislative appropriation or the rules for the program. ASK: The Office requests delegation of final signature authority for the grant agreements and the amendments thereto associated with all projects in the Beaches Management Funding Assistance Program. I hereby delegate final signature authority on the above grant agreements and amendments to the Division Director. Noah Valenstein, Secretary