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HomeMy WebLinkAbout2024-279A TRUE COPY CERTIFICATION OAST PAGE RYAN L. BUTLER, CL ERK AMENDMENT NO.4 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 delays caused by backorder of materials needed for construction; and, WHEREAS, other changes to the Agreement are necessary; and, WHEREAS, the parties have agreed to amend the Agreement as set forth herein. NOW THEREFORE, the parties agree as follows: Section 2. of the Agreement is hereby revised to change the Date of Expiration to December 31, 2026. 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 31. of the Agreement is deleted and replaced as follows: Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. c. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. S0839, Amendment No. 4, Page 1 of 3 A TRUE COPY CERTIFICATION ON LAST PAGE PYAN L. BUTLER, CLERK 3. Section 33. is added to the Agreement as follows: State Funds Documentation. Pursuant to section 216.1366, F.S., if Contractor meets the definition of a non-profit organization under section 215.97(2)(m), F.S., Contractor must provide the Department with documentation that indicates the amount of state funds: i. Allocated to be used during the full term of the contract or agreement for remuneration to any member of the board of directors or an officer of Contractor. ii. Allocated under each payment by the public agency to be used for remuneration of any member of the board of directors or an officer of the Contractor. The documentation must indicate the amounts and recipients of the remuneration. Such information must be posted on the State's contract tracking system and maintained pursuant to section 215.985, F.S., and must be posted on the Contractor's website, if Contractor maintains a website. 4. Attachment A-3, Revised Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment A-4, Revised Grant Work Plan, as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment A shall hereinafter refer to Attachment A4, Revised Grant Work Plan. 5. Attachment B-1, Payment Request Summary Form, is hereby deleted in its entirety and replaced with Attachment B-2, Payment Request Summary Form, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment B, shall hereinafter refer to Attachment B-2, Payment Request Summary Form. 6. Attachment D, Progress Report Form, is hereby deleted in its entirety and replaced with Attachment D-1, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment D shall hereinafter refer to Attachment D-1. 7. Attachment E, Special Audit Requirements, is hereby deleted in its entirety and replaced with Attachment E-1, Revised Special Audit Requirements, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment E shall hereinafter refer to Attachment E-1, Revised Special Audit Requirements. 8. 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. 50839, Amendment No. 4, Page 2 of 3 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK 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 1 .: It....ti.�!SSj*„ STATE OF FLORIDA DEPARTMENT OF '''E,NVIRONMENTAL PROTECTION B*Auth d Signaturey; Secretary or Designee Susan Adams, Chairman, Board of County' F7 couii Commissioners Angela Knecht Division Director Print Name and Title Print Name and Title Date: November 5, 2024 Date: Kayla Becerra, DEP Grant Manager Nathan Jagoda, DEP QC Reviewer List of attachments/exhibits included as part of this Amendment: Specify Type Letter/ Number Description Attachment A-4 Revised Grant Work Plan Attachment B-2 Payment Request Summary Form Attachment D-1 Progress Report Form Attachment E-1 Revised Special Audit Requirements Attest: Ryan L. Butler, Clerk of Circuit Court and Comptroller DEP Agreement No. S0839, Amendment No. 4, Page 3 of 3 APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY J NIFE W. SHULER OUNTY ATTORNEY A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK ATTACHMENT A4 REVISED GRANT WORK PLAN PROJECT TITLE: Indian River County Oyster Bed Project PROJECT LOCATION: The Project will be located in the City of Vero Beach within Indian River County; Lat/Long (27.6518, -80.3716). PROJECT BACKGROUND: The Indian River Lagoon has more than 2,100 species of plants and 2,200 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. The Grantee will continue this effort 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. This project will construct a living shoreline/oyster reef to stabilize the Foot Island shoreline and improve water quality conditions of discharges from the adjacent Florida Department of Transportation (FDOT) outfall pipe into 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. In addition to water quality benefits, the reef will also provide a habitat for attached and encrusting organisms such as oysters, and other invertebrates such as stone crabs, juvenile fish species, and game fish species. PROJECT DESCRIPTION: The Grantee will construct a living shoreline/oyster reef along the Foot Island shoreline with emphasis on the western and southern portions of the island adjacent to the FDOT outfall pipe. TASKS: All documentation should be submitted electronically unless otherwise indicated. Task 1: Construction Deliverables: The Grantee will construct the Oyster Bed Project in accordance with the construction contract documents. Documentation: The Grantee will submit: 1) a copy of the final design; and 2) a signed summary of activities completed for the period of work covered in the payment request, using the format provided by the Department's Grant Manager. Upon request by the Department's Grant Manager, the Grantee will provide additional supporting documentation relating to this task. 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. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. DEP Agreement No. S0839, Attachment A-4, Page 1 of 2 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by the corresponding task end date. Cost reimbursable grant funding must not exceed the budget amounts as indicated below. For any Task with a Budget Category of Contractual Services, the Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Task Task Title Budget Budget Task Start Task End No. Category Amount Date Date 1 Construction Contractual $50,000 07/01/2015 06/30/2026 Services Total: 1 $50,000 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-4, Page 2 of 2 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Revised Special Audit Requirements (State and Federal Financial Assistance) Attachment E-1 The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP'; "FDEP" or "Grantor", or other name in the agreement) to the recipient (which may 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 I: 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 $1,000,000 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 I, 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 $1,000,000 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 $1,000,000 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 must 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 hlWs:Hsam.gov/content/assistance-listings. Attachment E-1 1 of 7 BGS -DEP 55-215 revised 10/01/24 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK PART II: 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 $750,000 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 69I-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 11, 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. 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 httns://ar)ps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at httn://www.lea.state.R.us/Welcome/index.cfin State of Florida's website at htty://www.mvflorida.com/, Department of Financial Services' Website at httt)://www.fldfs.com/and the Auditor General's Website at http://www.myflorida.com/audsen/. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to sped any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entityspolicy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with 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 E-1 2 of 7 13GS-DEP 55-215 revised 10/01/24 By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http://harvester.census.gov/facweb/ 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: FDEP S in aleAudit(u,dev. 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.gov0 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: FDEPSineleAudit( ,den.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 E-1 3 of 7 BGS -DEP 55-215 revised 10/01/24 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK 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 We (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. Attachment E-1 4 of 7 BGS -DEP 55-215 revised 10/01/24 EXHIBIT -1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Note: If the resources awarded to the recipient represent more than one federal program, provide the same information shown below for each federal program and show total federal resources awarded Federal Resources Awarded to the Reci lent Pursuant to this Agreement Consist of the Following: Federal Program A Federal Agency CFDA Number CFDA Title Fundin.g Amount State Appropriation Category Etc. Etc. Federal Program B First Compliance requirement: i.e.: (what services of purposes resources must be used for) Second Compliance requirement: i.e.: (eligibility requirement for recipients of the resources) Etc. Federal Program B Federal Agency CFDA Number CFDA Title Funding Amount State Appropriation Category Note: Of the resources awarded to the recipient represent more than one federal program, list applicable compliance requirements for each federal program in the same manner as shown below: Federal Program A First Compliance requirement: i.e.: (what services of purposes resources must be used for) Second Compliance requirement: i.e.: (eligibility requirement for recipients of the resources) Etc. Etc. Federal Program B First Compliance requirement: i.e.: (what services of purposes resources must be used for) Second Compliance requirement: i.e.: (eligibility requirement for recipients of the resources) Etc. Etc. Attachment E-1, Exhibit 1 5 of 7 BGS -DEP 55-215 Revised 7/2019 �f)D J rn Z -i� C: r- -n m �DO rO< M 200 n z r- r- rnD �C4 -o D G) M Note: If the resources awarded to the recipient for matching represent more than one federal program, provide the same information shown below for each federal vroeram and show total state recnurcea awarded far matrhina State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Pro ms: Federal Program A Federal Agency CFDA CFDA Title Fundin.g Amount State Appropriation Category Funding Amount State Appropriation Category Original Agreement Department of Environmental Protection 2015-2016 37.039 Statewide Surface Restoration and Wastewater Projects $50,000 140047 Federal Program B Federal Agency CFDA CFDA Title Funding Amount State Appropriation Category State Program B State Awarding Agency State Fiscal Year CSFA Number CSFA Title or Funding Source Description Funding Amount State Appropriation Category Note: If the resources awarded to the recipient represent more than one state project, provide the same information shown below for each state project and show total state financial assistance awarded that is vuhiart to vartinn 7 11; 07 P Q State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Resources Subject to Section 215.97, F.S.: State Program A State Awarding Agency State Fiscal Year CSFA Number CSFA Title or Funding Source Description Funding Amount State Appropriation Category Original Agreement Department of Environmental Protection 2015-2016 37.039 Statewide Surface Restoration and Wastewater Projects $50,000 140047 State Program B State Awarding Agency State Fiscal Year CSFA Number CSFA Title or Funding Source Description Funding Amount State Appropriation Category Total Award 1 $50,000 Note: List applicable compliance requirement in the same manner as illustrated above for federal resources. For matching resources provided by the Department for DEP for federal programs, the requirements might be similar to the requirements for the applicable federal programs. Also, to the extent that different requirements pertain to different amount for the non-federal resources, there may be more than one grouping (i.e. 1, 2, 3, etc) listed under this category. For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) fhttns://sam.¢ov/content/assistance-listinesl and/or the Florida Catalog of State Financial Assistance (CSFA) fhttps://apps.fldfs.com/fsaa/searchCatalog.asvxl, and State Projects Compliance Supplement (Part Four: State Projects Compliance Supplement shops:Happs.fldfs.com/fsaa/state project compliance asm]. The I Subject to change by Change Order. 2 Subject to change by Change Order. Attachment E-1, Exhibit 1 6 of 7 BGS -DEP 55-215 Revised 7/2019 00 C r M n r M W n D m� JC -n m n t� DO _U O-< z r D v D M services/purposes for which the funds are to be used are included in the Agreement's Grant Work Plan. Any match required by the Recipient is clearly indicated in the Agreement. Attachment E-1, Exhibit 1 7 of 7 BGS -DEP 55-215 Revised 7/2019 MAD M Z --IC r - Mm CSO r— 0 M O 0 F� M D m A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Attachment D-1 Progress Report Form The current Progress Report Form for this grant can be found on the Department's website at this link: https://floridadep.gov/wra/wra/documents/progress-report-form Please use the most current form found on the website, linked above, for each progress report submitted for this project. Attachment D-1, Page 1 of 1 Rev. 1/19/2024 S -ATE C= =..0:'DA iNMAN F:;VEi COU. -TY THIS IS TO CERTIFY THAT THIS IS ATRUE AND CORRECT COPY OF THE ORIGINAL ON FMA IN THIS OFFM RYAN L WW,CLERK � STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Attachment B-2 Payment Request Summary Form The Payment Request Summary Form for this grant can be found on our website at this link: https :Hfloridadep. gov/wra/wra/documents/payment-request-summary-form Please use the most current form found on the website, linked above, for each payment request. Attachment B-2, Page 1 of 1 Rev. 12/02/19