HomeMy WebLinkAbout2001-039C-1
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DEP Contract No. 98IR1 1 "d
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`y is hereby amended as
follows.
--Paragraph(s) 5, 6, 7, 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:
Task
Eligible PROJECT Items
ESTIMATED
State
PROJECT COSTS
Local
Total
1.
Feasibility Study
1.1
Environmental Assessment
$55,239
$55,239
$110,478
1.2
Sand Search Investigation
$97,049
$97,050
$194,099
1.3
Pre -engineering
$32,450
$32,450
$64,900
2.
Design and Permitting
2.i
Seach Restoration
$867,615
$867,615
$1,735,230
2.2
Habitat Conservation Plan
$120,8511$40,285
$161,140
TOTAL
$1,173,2081
$1,092,639
$2,265,847
6. The DEPARTMENT's financial obligation shall not exceed the sum of $3.20,855 or 75%
of the total cost, whichever is less, for 'Task 2.2 of this PROJECT. Furthermore, the
DEPARTMENT'S financial obligation shall not exceed the sum of $1,052,353, or '508 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 PROJECT 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.
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.
DEP Project Agreement No. 98IR1, Amendment No. 3, Page 1 of 3
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20. Any and all notices shall be delivered to the parties at the following
addresses:
LOCAL SPONSOR DEPARTMENT
Jonathan Gorham C. Tony Tucker, Contract Manager
Indian River County Department of Environmental Protection
1840 25`x' Street Office of Beaches and Coastal Systems
Vero Beach, Florida 32960 3900 Commonwealth Blvd., MS 300
(561) 567-8000 Tallahassee, Florida 32399-3000
(850) 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 I 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 LOCAs, SPONSOR fails to receive a revised
copy of Exhibit 1, the LOCAL, SPONSOR shall notify the DEPARTMENT°s Contract Manager to
request a copy of the updated information.
--All references to Exhibits) A, B, C, and D 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, B, C, ❑, and E, respectively, are hereby deleted from the Agreement.
---Attachments A, B, C, b 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.
RE14AINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
DEP Project Agreement No. 98IR1, Amendment No. 3, Page 2 of 3 —�%
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IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed, the
day and year last written below.
INDIAN RIVER COUNTY
county Commission it
Caroline D. Ginn
nate: FEb�3 2001
DEPARTMENT OF ENVIRONMENTAL PROTECTION
By: !
Sec etary or desig ee
Dater
Cc r Manager
APPROVED AS TO FORM AND LEGALITY:
Ak A
I 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/
Number
Description (include number of pages)
Me
Attachment
A
Scope of Stork (2 pages)
Attachment
B
Payment Request Forms (2 pages)
Progress and Financial Reporting
Forms (2 pages)
Attachment
C
D
Project Completion Certification
(1 page)
Attachment
Attachment
E
Special Audit Requirements Page
(5 pages)
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
indizai Enver County rAppruvecl� U ,r�
Adnrirwislration � ? 7
Budget
Legal
Risk Management
rpeparlment _
DEP Project Agreement No. 981RI, Amendment No. 3, Page 3 of 3
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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 2.5
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-R4B).
Feasibility Study
Conduct studies necessary to determine the feasibility and extent of improvements
necessary to accomplish the goals of the PROJECT. 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.
D. A copy of the Bids and conatruction contract, including a detailed scope of
work, shall be submitted to the DEPARTMENT and approved in writing prior to
initiation of any task.
Attachment A, DEP project Agreement No. 981R1, Amendment No. 3, Page 1 of 2
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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 Cade. 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. Detailed field notes and computation records shall be kept of the survey
and copies shall be made available to the Department upon request. Abstracts 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 $lane
Coordinate system. This information shall be submitted in a .DXF format.
.i
Attachment A, DEP Project Agreement No. 90IR1, Amendment No. 3, Page 2 of 2
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ATTACHMENT S
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA BEACH EROSION CONTROL PROGRAM
REQUEST FOR PAYMENT ^ 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 (10%)
Less Previous Retained
State Funds Remaining
I.173,208
Local Funds Obligated
Less Previous Credits
Less This Credit
Local Funds Remaining
1.092.63
Certisication: I certify 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
Agreement 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 Project Financial Officer Signature of Project Financial officer Date
Attachment H, DEP Project Agreement No. 98IRI, Amendment No. 3, Page 1 of"2
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FLORIDA DEPARTMENT OF ENVIRONMENTAi, PROTECTION
FLORIDA BEACH EROSION CONTROL PROGRAM
REQUEST ICOR PAY14ENT - 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 Itxvoice # Name of 'Vendor Number Paid Vendor
TOTAL $
Certification; I certify that the purchases noted above were used in accomplishing the
project; and that invoices, check vouchers, copies of checks, and other purchasing
documentation attached hereto and are maintained as required to support the cost reported
above and are available for audit upon request.
Name of Proj. Administrator
tvame uL rLuj claws+s ua —
Signature of Project Administrator Date
Signature of Project Financial Officer Date
Attachment B, DEP Project Agreement No. 981R1, Amendment No. 3, Page 2 o '2
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ATTACHMENT C
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA BEACH EROSION CONTROL PROGRAMS
QUAR'T'ERLY PROGRESS REPORT
Name of project: Ambersand/ Wabasso Beach Restoration_
Grantee: Indian Rives County DEP Contract Number. 98IR1_
Quarterly Report period:
Status of Eligible Project Items: (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 Assessment
1.2 Sand Search Investigation
1.3 Pre -engineering
2, DESIGN AND PERMITTING
2.1 Beach Restoration
2.2 Habitat Conservation Plan
Attachment C, DEP Project Agreement No. 98IR1, Amendment No. 3, Page 3 of '2
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FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA BEACH EROSION CONTROL PROGRAM
QUARTERLY FINANCIAL REPORT
Name of Project: Ambersandl Wabasso Beach Restoration_
Grantee; Indian River County DSP Contract Number: 98TR1
Quarterly Report Period:
Project Expenditures
Costs Incurred
Eligible Project Items This Quarter
Feasibility Study
Environmental assessment $
Sand Search investigation $
Pre -engineering $
Design and Permitting
Beach Restoration $
Habitat Conservation Plan $
virbw S
Costs Incurred
to Date
Total Funds
Obligated
$110,478
$194,099
$64,900
$1,735,230
$151,140
$2,255,547
i'
Attachment C, PEP Project Agreement No, 9BiR1, Amendment No. 3, Page 2 of 2
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ATTACHMENT D
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA BEACH EROSION CONTROL PROGRAM
PROJECT COMPLETION CERTIFICATION
Name of Project: Ambersandl Wabasso Beach Restoration_
Grantee: Indian River Count DBP Contract Number: 981R1
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. 98IR1, Amendment No. 3, Page 1 of{1
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ATTACHMENT E
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA BEACH EROSION CONTROL PROGRAM
SPECIAL AUDIT REQIIIREMENTS
The administration of funds awarded by the Department of Environmental Protection (which
may be referred to as the "Department", "DEP", "FDEP^ or "Grantor or other name in the
contract /agreement-) to the recipient (which may he referred to as the "Contractor",
Grantee" or other name in the contract/agreement) 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-133, as
revised (see "AUDITS- below), monitoring procedures may include, but not be limited to,
on-site visits by Department staff, limited scope audits as defined by OMB Circular A-1.33,
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
ccuply and cooperate with any inspections, reviews, investigations, or audits deemed
necessary by t1le Comptroller or Auditor General.
AUDITS
PART Is FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit
organization as defined in OMS
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 tu, 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 of amounts of
Federal awards expended should be in accordance with the guidelines established by OMB
Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in
accordance with the provisions OMB 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 014B Circular A-133, as revised.
3. if the recipient expends less than $340,000 in Federal awards in its fiscal year, an
audit conducted in accordance with the provisions of OMS Circular A-133, as revised, is
not required. In the event that the recipient expends less than $300,004 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 (CFDA) via the internet at http;!/asp e.os.dhhs.cov/cfda.
Attachment E, DEP Project Agreement No. 98IR1, Amendment No. 3, Page 1 offs
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FART II: 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 $300,000 in any fiscal year of such recipient, the recipient must have 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 11, 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 10.500, 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 215.37, 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).
9. 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 http://www.toc_s,state.fl.us/ for assistance. In addition to the above website,
the following websites may be accessed for information: Legislature's Website
http://www.leg.state.fl.us/, Governor's Website http://srna.flgov.cam/, Department of
Banking and Finance's Website http://www,dbf.state.fl.us/, and the Auditor General's
Website http://wviw.state.fl.us/au^gen,
HURT III: OTHER AUDIT REQUIREMENT'S
fNOT'E: 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 225.97, Florida Statutes, In such an event, the State agency must arrange for
funding the full cost of such additional audits. This pant would be used to specify any
additional audit requirements imposed by the State agency that are solely a matter of that
State agency's policy (i.e., the audit is not required by Federal or Stare laws and is not
in conflict with other Federal or State audit requirements).)
HART 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), OMB Circular A-133, as revised, by or on behalf of the recipient
directly to each of the following:
1
Attachment E, DEP Project Agreement No. 9BIR1, Amendment No. 3, Page 2 of 5
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II
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, M540
Tallahassee, Florida 32399-2400
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised
(the number of copies required by Sections .320 (d)(1) and (2), 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 (e) and (f), OMB Circular A-133, as revised.
2. Pursuant to Section .320M, 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. 98IR1, Amendment No. 3, Page 3 of 5
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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
r1orida 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
2500 Blair Stone Road, M540
Tallahassee, Florida 32399-2400
S. 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 OMB 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 the recipient in correspondence accompanying the audit report.
PART V: RECORD RETENTION
1. The recipient shall retain sufficient records 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. 98IR1, Amendment No. 3, Fuge 4 of 5
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