HomeMy WebLinkAbout2022-105 AMENDMENT NO.3
TO AGREEMENT NO.S0839
BETWEEN
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
AND
INDIAN RIVER COUNTY
This Amendment to Agreement No. S0839 (Agreement), as previously amended, is made by and between the
Department of Environmental Protection(Department),an agency of the State of Florida,and Indian River County
(Grantee),on the date last signed below.
WHEREAS,the Department entered into the Agreement with the Grantee for Indian River County Oyster Bed Project
(Project),effective March 8,2016;and.
WHEREAS,the Grantee has requested an extension of the Agreement due to unanticipated permitting delays;and,
WHEREAS,other changes to the Agreement are necessary.
NOW THEREFORE,the parties agree as follows:
1. Section 2 of the Agreement is hereby revised to change the expiration date to December 31, 2024. The
Department and the Grantee shall continue to perform their respective duties during this extension period
pursuant to the same terms and conditions provided in the Agreement.
2. Section 32.is added to the Agreement as follows:
REFUND OF PAYMENTS TO THE DEPARTMENT
Any balance of unobligated funds that have been advanced or paid must be refunded to the Department.Any
funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the
Agreement must be refunded to the Department. If this Agreement is funded with federal funds and the
Department is required to refund the federal government,the Grantee shall refund the Department its share
of those funds.
3. Attachment A-2, Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment A-3,
Revised Grant Work Plan,as attached to this Amendment and hereby incorporated into the Agreement.All
references in the Agreement to Attachment A-2 shall hereinafter refer to Attachment A-3, Revised Grant
Work Plan.
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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No.S0839,Amendment No.3,Page 1 of 2
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 �(C�h?M%SATE OF FLORIDA DEPARTMENT OF
\
'.. \;***
•'r 1RONMENTAL PROTECTION
••�•• Ali FN�, Digitally signed b Angela Knecht
ii-,, b-P.
�t 1'' •
=* —VViI, .*;Angela Knecht Date:202 06.14 11:40:53-04'00'
„.,es. . By;
Authorized Signature �` •', ','� :Secretary or Designee
• /i,',.Yf` ..
Peter D.O'Bryan,Chairman • �•., COUttI�•
Angela Knecht,Division Director
Print Name and Title Print Name and Title
Date: June 7, 2022 Date:
Evan Beitsch Digitally signed by Evan Beitsch
F.PP's yOVED AS TO FORMA Date:2022.06.13 13:13:31-06'00'
A;'4C: LiiC:At. SUFFICIENCY Evan Beitsch,DEP Grant Manager
BY ... w ,,,,,-„ Zachary Easton Digitally signed by ZacharyEaston
` Date 2022.06.13 15:32:0004'00'
DYLAN FIEINC.aOLD
COUNT A TORN EY Zachary Easton,DEP QC Reviewer
List of attachments/exhibits included as part of this Amendment:
Specify Type Letter/Number Description
Attachment A-3 Revised Grant Work Plan
Attest Jeffrey R.Smith,Clerk of
Circuit Court and Comptroller
zei ,
pep le*
DEP Agreement No.S0839,Amendment No.3,Page 2 of 2
ATTACHMENT A-3
REVISED GRANT WORK PLAN
PROJECT TITLE: Indian River County Oyster Bed Project
PROJECT LOCATION: Latitude/Longitude: 27.651817,-80.371698
PROJECT BACKGROUND: The Indian River Lagoon has more than 2100 species of plants and 2200
species of animals making it North America's most diverse estuary. Indian River County (Grantee) is
committed to protecting and preserving the Indian River Lagoon. In the past,the Grantee has successfully
established an oyster bed reef in an area adjacent to Spoonbill Marsh in Vero Beach, Florida, which has
reduced the amount of total nitrogen(TN)and total phosphorus(TP)entering into the Indian River Lagoon
in the area. The Grantee wishes to continue its efforts by constructing a living shoreline/oyster reef along
the shoreline of Foot Island. Foot Island is a roughly 2,750 sq. foot island located within Vero Beach,
Florida. Evidence of erosion has been observed along the western and southern portions of the island where
dead mangroves were exposed,likely due to boat wake and a relatively large fetch. The purpose of the
proposed oyster reef would be to a) stabilize the Foot Island shoreline and b) improve water quality
conditions of discharges from the adjacent Florida Department of Transportation(FDOT)outfall pipe into
the Indian River Lagoon.At this point in time,the project's conceptual design is complete and the Grantee
has received permission from the Indian River Board of County Commissioners to proceed with the
proposed project.
PROJECT DESCRIPTION: The project will require the Grantee to construct living shoreline/oyster reef
along much of the Foot Island shoreline with emphasis on the western and southern portions of the island.
The southern and western portions of the island are also adjacent to the FDOT outfall pipe. The oyster
bags will be stacked to create void spaces throughout the reef structure of differing sizes,dimensions,and
openings to the Indian River Lagoon. The proposed oyster reef is approximately 27,500 square feet. The
reef location is close enough to the Foot Island that it will not inhibit the navigability of the area.The reef
provides a habitat for attached and encrusting organisms such as oysters, and other invertebrates such as
stone crabs, juvenile fish species, and game fish species. In turn, the reef will act as an in-situ water
treatment system to facilitate the removal of total nitrogen(TN)and total phosphorus(TP)from stormwater
discharged through the FDOT outfall into the Indian River Lagoon.The reef is self-perpetuating in that the
attached and encrusting invertebrates and turf algae will continue to overgrow any bare areas created in the
future.
TASKS: All documentation should be submitted electronically unless otherwise indicated.
Task 1: Construction
Deliverables: The Grantee will construct an oyster bed reef in accordance with the construction contract
documents.
Documentation:The Grantee will submit 1)a signed acceptance of the completed work to date,as provided
in the Grantee's Certification of Payment Request; 2) written verification that the Grantee has received
record drawings and any required final inspection report(s)for the project(as applicable);and 3)a signed
Engineer's Certification of Payment Request(as applicable).
Performance Standard: The Department's Grant Manager will review the documentation to verify that
the deliverables have been completed as described above. Upon review and written acceptance by the
Department's Grant Manager,the Grantee may proceed with payment request submittal.
DEP Agreement No.S0839,Attachment A-3,Page 1 of 2
Payment Request Schedule:The Grantee may submit a payment request for cost reimbursement no more
frequently than monthly.
PROJECT TIMELINE& BUDGET DETAIL: The tasks must be completed by,and all documentation
received by,the corresponding task end date.Cost reimbursable grant funding must not exceed the budget
amounts as indicated below.
Task Task Title Budget Budget Task Start Task End
No. Category Amount Date Date
1 Construction Contractual 550,000 07101 2015 06/30/2024
Services
Total: S50,000
Note that,per Section 4 of the Agreement,authorization for continuation and completion of work and any
associated payments may be rescinded, with proper notice, at the discretion of the Department if the
Legislature reduces or eliminates appropriations. Extending the contract end date carries the risk that funds
for this project may become unavailable in the future. This should be a consideration for the Grantee with
this and future requests for extension.
DEP Agreement No. S0839, Attachment A-3,Page 2 of 2
FILE NO: O.?? /G5--
• DATE: (o/7 /42Coo7
AGENDA ITEM: 5,.g