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Home My WebLink About2001-032C] 1—] 40 M ;1.)?,"I G7%-U�a DEP Contract No. 981RI Amendment No. 3 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION OFFICE OF BEACHES AND COASTAL SYSTEMS FLORIDA BEACH EROSION CONTROL PROGRAM Project Agreement Amendment THIS AGREEMENT as entered into the twenty-eighth day of August, 1998, amended the twelfth day of May, 1999 and the third day of November, 1999 between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT") and. Indian River County (hereinafter referred to as the "LOCAL SPONSOR") is hereby amended as follows: ---Paragraphs) 5, 6, 7, 13, 17, 20, 22 are hereby revised to read as follows: 5. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are: isn q Eligible PROJECT Items ESTIMATED PROJECT COSTS Total State Local Feasibility Study $55,239 $55,239 $114,498 ..1 Environmental Assessment $97,449 $97,050 4,099 $$64,940 ..2 sand Search Investigation $32,450 $32,450 56 L.3 Pre -engineering 1,1 Design and Permitting Beach Restoration $867,615 $867,685 $1 ,230 r.2 Habitat Conservation Plan $120,855 $40,285 $161161,190 5 52,265,847 TOTAL, $1.173,208 $1,092,639 6, The DEPARTMENT'S financial obligation shall not exceed the sum of $120,855 or 758 of the total cost, whichever is less, for Task 2.'J of this PROJECT. Furthermore, the DEPARTMENT'S financial obligation shall not exceed the sum of $1,052,353, or 50% of the total cost, whichever is less, for the remainder of the specific eligible PROJECT items listed above. The DEPARTMENT and the LOCAL SPONSOR agree that any and all activities associated with the PROJECT that are not shown in the above eligible PROTECT items listing are the responsibility of the LOCAL SPONSOR and are not a part of this Agreement. The LOCAL SPONSOR agrees that any costs for the specific eligible PROJECT items which exceed the estimated PROJECT costs for that item shall be the responsibility of the LOCAL SPONSOR,. Any modifications to the estimated PROJECT costs shall be provided through amendments to this Agreement. 7. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. Funding for this PROJECT is subject to the release of funds appropriated to the DEPARTMENT for the fiscal years 1997- 98, 1998-99, 1999-00, and 2000-01. The DEPARTMENT will not release funds for payment until such time as all requisite authorizations and environmental permits, including those required pursuant to Chapters 161, 253, 258 and 373, Florida Statutes, have been obtained. 13. This Agreement shall begin on August 28, 1998 and end on October 15, 2003. 17. The DEPARTMENT's Project Manager for all technical matters is Russell Snyder, and the Department's Contract Manager for all administrative matters is C. Tony Tucker, or their successor. All matters shall be directed to the appropriate persons for action or disposition. DEF Project Agreement No. 98IR1, Amendment No, 3, Page I of 3 —�f EJ 40 20. Any and all notices shall be delivered to the parties at the following addrenses: DEARTMENT P iOCAL SPONSOR C. Tony Tucker, Contract Manager Jonathan Gorham Department of Environmental Protection Indian River County Office of Beaches and Coastal Systems 1840 251h Street 3900 Commonwealth Blvd., MS 300 Vero Reach, Florida 32960 Tallahassee, Florida 32399-3000 (561) 567-8000 {8501 487-1262, ext. 192 �- 22. In addition to the requirements of Paragraph 21 of this Agreement, the LOCAL SPONSOR shall comply with the applicable provisions contained in Attachment E, Special Audit Requirements, attached hereto and incorporated herein by reference. Exhibit 1 of Attachment E summarizes the funding sources supporting the Agreement for purposes of assisting the LOCAL SPONSOR in complying with the requirements of Attachment E. A revised copy of Exhibit 1 must be provided to the LOCAL SPONSOR for each amendment which authorizes a funding increase or decrease, If the LOCAL SPONSOR fails to receive a revised copy of Exhibit 1, the LOCAL SPONSOR shall notify the DEPARTMENT's Contract Manager to request a dopy of the updated information. --All references to Exhibit(s) A, R, C, and 1] are hereby deleted in their entirety and replaced with Attachment(s) A, B, C, and D, respectively, which are attached hereto and incorporated herein by reference. --Exhibits A, 8, C, b, and E, respectively, are hereby deleted from the Agreement. --Attachments A, B, C, D and E are hereby added to the Agreement. In all other respects, the Agreement of which this is an Amendment, and attachments relative thereto, shall remain in full force and effect. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK DEP Project Agreement No. 981RI, Amendment No. 3, Page 2 of 3 _�; r EI C7 IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed, the day and year last written below. INDIAN RIVER COUNTY By. County CommissionL hair Caroline D. Ginn Date: Febrluar"__ZG L— DEPARTMENT OF ENVIRONMENTAL PROTECTION By:— Secretary or designee Date: Cont a t manager APPROVED AS TO FORM AND LEGALITY: Vd v DEP Attorney *If someone other than the County Commission Chair signs the Project agreement, a resolution, statement or other documentation authorizing that person to sign the agreement on behalf of the County must accompany the agreement. List of Attachments/Exhibits included as part of this Amendment: Specify Letter/ T_yVe Number Description {include number of a est Attachment A scope of Work R2 pages) Attachment B Payment Request Forms (2 pages) Attachment C Progress and Financial Reporting Forms {2 pages} Attachment D Project Completion Certification (I page) Attachment E Special Audit Requirements Page (5 pages) REMAINDER OF PAGE INTENTIONALLY LEFT BLANK r;,vr•r �ppprcved Uale �rfll nlS lYallo it ] Gf .ic�lgel ,gal lii9k hganayement %� rlmenl DEP Project Agreement No. 98IR1, Amendment No. 3, Page 3 of 3 W • 40 ATTACHMENT A SCOPE OF WORK Ambersandl Wabasso Beach Restoration The PROJECT shall be conducted in accordance with the terms and conditions set forth under this Agreement and all applicable DEP permits. The PROJECT consists of restoration and maintenance of two segments of Atlantic shoreline. The north segment is approximately 2.E miles in length located south of Sebastian Inlet (DNR Reference Monuments R4 -R17). A large portion of the north segment is located within the Sebastian Inlet State Recreation Area (SRA). Construction costs within the SRA will be shared with the Sebastian Inlet Tax District to assist in meeting inlet bypassing requirements. The southern segment is approximately 2.0 miles in length (DNR Reference Monuments R37 -R48). Feasibility Study Conduct studies necessary to determine the feasibility and extent of improvement, necessary to accomplish the goals of the PROSECT. Investigations shall include, but may not be limited to, the following: hydrodynamic modeling; surveying and mapping; coastal engineering analysis; economic studies; environmental analysis; real estate studies; and plan formulation. Design and Permitting Professional services required for the preparation of plans and specifications, and a habitat conservation plan for turtle protection, These services include the use of subcontractors such as surveyors, geotechnical services, aerial photographic services, property appraisers, etc. This item specifically excludes permit application fees or any other fees paid to the State of Florida. Project Deliverables A. Reports - Unless otherwise noted above, five copies of all written reports developed under this Agreement shall be forwarded to the Department upon completion of the project. Additional Data - Two sets of all data (i.e., aerial photography, survey data, etc.) developed as a result of this Agreement shall be provided to the Department upon completion of the project. Schedules- Project schedules shall be submitted concurrently with quarterly progress reports and shall be provided in .MPP or tab delimited .TXT format. Information provided shall be the best available and shall represent the most accurate forecast of future events. Specific information to be included: tasks to be completed, start and finish dates, task duration, actual start and finish dates with actual task duration. A copy of the Bids and construction contract, including a detailed scope of work, shall be submitted to the DEPARTMRNT and approved in writing prior to initiation of any task. Attachment A, DEP Project Agreement No. 981R1, Amendment No. 3, Page 1 of 2 4D es • Data Development All data developed as a result of this Agreement shall be developed in accordance with standard formats acceptable to the Department. Survey work to be performed shall meet the minimum technical standards for surveys in accordance with Chapter 61G-17, Florida Administrative code. All monumentation set or points of origin established shall be based upon those control markers designated on the most recently recorded legal description of the coastal Construction Control Line, except that any First or second order federal or state horizontal control marker may be used to establish or confirm position and direction and any First, Second, or Third order federal or state vertical control marker shall be used to establish or confirm elevation. G.P.S., Traverse, and Level Loop information shall be adjusted by compass, Crandell, or Least Square Method.De tailed field notes and computation records shall be kept of the survey and copies shall be made available to the Department upon request. Abs rads of all monumentation or points of origin shall be submitted in digital form and contain at a minimum all field requirements for the Department's Monument Information Tracking System. All profile data shall be submitted in digital form and conform to the standard formats acceptable to the Department. All information submitted shall also be in electronic format, and shall be based on the 1983/1990 North American Datum and State Plana coordinate system. This information shall be submitted in a .DXm format - Attachment A, DRP Project Agreement No, 9$IR1, Amendment No. 3, Page 2 of 2 40 0 i ATTACHMENT B FLORIDA DEPARTMENT CP ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRA14 REOVEST FOR PAY14ENT - PART I Name of Project: Ambersand/ Wabasso Beach Restoration Grantee: Indian River County DEP Contract Number: 98IR1 Billing Number: Billing Period: Costs Incurred This Payment Request Contractual Cost Summary State Funds Obligated Less Previous Payment Less This Payment Less Retainage (102) Less Previous Retained State Funds Remaining 1,173,208 State Share Local Funds Obligated Less Previous Credits Less This Credit Local Funds Remaining $ 1,092,639 Certification: I cartify that this billing is correct: and is based upon actual obligations of record by the grantee; that payment from the State Government has not been received; that the work and/or services are in accordance with the Department of Environmental Protection, Bureau of Beaches and Coastal System's approved Project Agrasment including any amendments thereto; and that progress of the work and/or services are satisfactory and are consistent with the amount billed. Name of Project Administrator Signature of Project. Administrator Date Name of Pro2eet E'Inanciai Otticer Signature of Project Financial Officer Date Attachment B, DEP Project Agreement No. 98IR1, kmendment No. 3, Page 1 of 2 4P 40 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM REQUEST FOR PAYMENT - PART II Name of Project: Ambersandl Wabasso Beach Restoration_ Grantee: Indian River County DEP Contract Number: 981R1 Billing Number: Billing Period: Summary of invoices Date of Invoice Amount of Task Check Amount Invoice Number Invoice # Name of Vendor Number Paid Vendor TOTAL S Certificationz I certify that the purchases noted above were used in accomplishing the projects and that invoices„ check vouchers, copies of checks, and other purchasing documentation attached herato and are maintained as required to support the cost reported above and are available for audit upon request. Name of Proj. Administrator Signature of Project Administrator J Date Name of Proj. Financial Officer Signature of Project Financial Officer Date Attachment B, DEP Project Agreement No, 9$IRi, Amendment No. 3, Page 2 of 2 W r .-1 40 ATTACHMENT C FLORIDA DEPARTMENT OF ENVIRONMENTAL PRO'T'ECTION FLORIDA BEACH EROSION CONTROL PROGRAM QUARTERLY PROGRESS REPORT Name of Project. Ambersandf Wabasso Beach Restoration_ Grantee: Indian River County DEP Contract. Number: 981 -RI Quarterly Report Period: Status of Eligible Project lta ,: {Describe progress accomplished during report period, including statement(s) regarding percent of task completed to date. Describe any implementation problems encountered, if applicable.) 1. FEASIBILITY STUDY 1.1 Environmental Asaessment 1.2 Sand Search Investigation 1.3 Pre -engineering 2. DESIGN AND PERMITTING 2.1 Beach Restoration 2.2 Habitat Conservation Plan Attachment C, DBP Project Agreement No. 98IR1, Amendment No. 3, Page 1 of 2 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM QUARTERLY FINANCIAL REPORT Name of Project: Ambersand/ Wabasso Beach Restoration_ Grantee: Indian River County DEP Contract Number: 981R1 Quarterly Report Period: project Expenditures Costs Incurred Costs Incurred Total Funds Eligible Project Items This Quarter to Date f?bl Feasibility 5tu� Environmental assessment $ $ 8110,478 sand Search investigation $ 5 $1.94,099 Pre -engineering $ $ $64,960 Design and Permitting Beach Restoration $ $ $1,735,230 Habitat Conservation Plan $ $ $161,140 TOTAL $2,255,847 Attachment C. DEP Project Agreement No. 981R1, Amendment No. 3, Page 2 of 2 4b 40 40 ATTACHMENT D FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM PROC ECT COMPLETION CERTIFICATION Name of Project: Ambersandl Wabasso Beach Restoration_ Grantee: Indian River County DEP contract Number: 98IR1 I hereby certify that the above mentioned project has been completed in accordance with the Project Agreement, including any amendments thereto, between the Department of Environmental Protection and grantee, and all funds expended for the project were expended pursuant to the Project Agreement. Name of Project Signature of Project Date Administrator Administrator Attachment D, DEP Project Agreement No. 981KI, Amendment No, 3, Page 1 of 1 dw 40 40 ATTACHMENT E FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM SPECIAL AUDIT REQUIREMENTS The administration of funds awarded by the Department of. Environmental Protection (which may be referred to as the "Department", "DEP", "FDF.P" or "Grantor", or other name in the contractfagreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contractiagreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with oMB Circular A -133t as revised (use 'AUDITS" below), monitoring procedures may include, but not be limited to, on-site visite by Department staff, limited scope audits as defined by OMD Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the 'Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. 1. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this agreement 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 funds received from the Department of Environmental Protection. The determination ci Prnounts of Federal awards expended should be in accordance with the guidelines established by 014B Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions 0148 Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in subpart C of OMB Circular A-1330 as revised. 3. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non - Federal funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFPA) via the internet at i;ttp: a n . as . ci: i ,:_. rev cfcia. Attachment E, DEP Project Agreement No. 901RI, Amendment No. 3, Page 1 of 5 A 4W PART IIx STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. 1. In the event that the recipient expends a total amount of State awards (i.e., State financial assistance provided to the recipient to carry out a State project) equal to or in excess of 5300,000 in any fiscal year of such recipient, the recipient must nave a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive office of the Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor General. EXHIBIT 1 to this agreement indicates State funds awarded through the Department of Environmental Protection by this agreement. In determining the State awards expended in its fiscal year, the recipient shall consider all sources of State awards, including State funds received from the Department of Environmental Protection, except that State awards received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.600, Rules of the Auditor General. 3. » If the recipient expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000 in State awards 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 non -State funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CFSA), a recipient should access the website for the Governor's office of Planning and Budget located at for assistance. In addition to the above website, the followings websites may be accessed for information: Legislature's Website co. ate. fl. Governor's Website r): 11'IN:(i %'. C QM_ Department of Banking and Finance's Website .( ua and the Auditor General's Website . — : :',. ,,:.state.fl.us aunrren. PART III% OTHER AUDIT 'REQUIREMENTS (NOTE; Pursuant to Section 215.97(7)(m), Florida .statutes, State agencies may conduct or arrange for audits of State awards that are in addition to audits conducted in accordance with Section 215,97, Florida Statutes. In such an event, the State ardency must arrange for funding the full cost of such additional audits. This part would be used to specify any additional audit requirements imposed by the St -ate agency that are solely a matter of that State agency'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) -k PART IV: REPORT SUBMISSION 1. Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), ONS Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: Attachment E„ DEP Project Agreement No. 9BIR1, Amendment No. 3, Page 2 of 5 D C-1 !S A. The Department of Environmental Protection at each of the following addresses: C. Tony Tucker, Contract Manager Florida Department of Environmental Protection Beaches and Coastal Systems 3900 Commonwealth Blvd., MS 300 Tallahassee, Florida 32399-3000 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 B. The Federal Audit Clearinghouse designated in 014E Circular A-133, as revised (the number of copies required by Sections .320 (dy(1) and (21, OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (ey and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320(f), OMB circular A-133, as revised, the recipient shall submit a copy of the reporting package described. in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at each of the following addresses: C. Tony Tucker, Contract Manager Florida Department of Environmental Protection Beaches and Coastal Systems 3900 Commonwealth Blvd., MS 300 Tallahassee, Florida 32399-3000 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 3. Copies of reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at each of the following addresses: C. Tony Tucker, Contract Manager Florida Department of Environmental Protection Beaches and Coastal Systems 3900 Commonwealth Blvd., MS 300 Tallahassee, Florida 32399-3000 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 Attachment E, DEP Project Agreement No. 981R1, Amendment No. 3, Page 3 of 5 r-] 40 • B. The Auditor General's office at the following address: state of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 4. Copies of reports or management letters required by PART III of this agreement shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at each of the following addresses: C. Tony Tucker, Contract Manager Florida Department of Environmental Protection Beaches and Coastal systems 3900 Commonwealth Blvd., Ms 300 Tallahassee, Florida 32399-3000 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair stone Road, MS40 Tallahassee, Florida 32399-2400 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this agreement shall be submitted timely in accordance with OMB circular A-133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, as applicable. 6. Recipients, when submitting audit reports to the Department of Environmental Protection for audits done in accordance with GMB circular A-133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, should indicate the date that the audit report was delivered to tree recipient in correspondence accompanying the audit report. PART V: RECORD RETENT-ON 1. The recipient shall retain sufficient record!:; demonstrating its compliance with the terms of this agreement for a period of 3 years from the date the audit report is issued, and shall allow the Department of Environmental Protection or its designee, 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, upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Attachment E, DEP Project Agreement No. 981R1, Amendment No. 3, Page 4 of 5 Ob 40 El H W x N w O E v1 H U) O U E- 2 2 W w a t� M �4�� 11 m v 0 .. r. 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