HomeMy WebLinkAbout2026-052AMENDMENT NO. 5
TO AGREEMENT NO. 19IR3
BETWEEN
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
AND
INDIAN RIVER COUNTY
This Amendment to Agreement No. 19IR3, as previously amended, (Agreement) is made by and between the
Department of Environmental Protection (Department), an agency of the State of Florida, and Indian River County, 1801
27"' Street, Building A, Vero Beach, Florida 32960 (Grantee), on the date last signed below.
WHEREAS, the Department entered into the Agreement with the Grantee for the Vero Beach Restoration
effective September 26, 2019; and
WHEREAS, the Grantee has requested an update to the Grant Work Plan and the Department has agreed; and
WHEREAS, the parties wish to amend the Agreement as set forth herein.
NOW THEREFORE, the parties agree as follows:
1) Attachment 3-D, Fourth Revised Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment 3-E,
Fifth Revised Grant Work Plan, as attached to this Amendment and hereby incorporated into the Agreement. All
references in the Agreement to Attachment 3-D shall hereinafter refer to Attachment 3-E, Fifth Revised Grant Work
Plan.
2) All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistencies 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
By:
Title: 6u,-4 /QX .v ,A,,A"Iohn Titkanich, Jr
Florida Department of
Environmental Proteetl061gltally signed by Alex
Alex Reed Reed
Date: 2026.03.24
By: 10:32:03 -04'00'
Secretary or Designee Alex Reed, Director
Office of Resilience and Coastal Protection
Date: 4.."A l 3, &2 (" Date: 3/24/26
LIST OF ATTACHMENTS/EXHIBITS INCLUDED AS PART OF THIS AMENDMENT:
Specify Type Letter/Number Description
Attachment 3-E Fifth Revised Grant Work Plan (4 pages)
APPROVED AS TO FORM -REMAINDER OF PAGE INTENTIONALLY LEFT BLANK -
AND LEGAL SUFFICIENCY
BY"
NNIFIVR W. SHULER
COUNTY ATTORNEY
ORCP Additional Signatures
Eric MassaDigitally signed by Eic Masa
Date: 2026.03.2315:08:50 -04'00'
DEP Grant Manager
Digitally signed by Cameron
Cameron Martinello Martinello
Date: 2026.03.23 15:14:54 -04'00'
DEP QC Reviewer
Local Sponsor may add additional signatures if needed below.
ATTACHMENT 3-E
FIFTH 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 R70 and 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
project was constructed in 2020 with appropriation from FEMA due to the impacts of Hurricanes Matthew, Irma,
and Dorian.
PROJECT DESCRIPTION: The Project consists of feasibility, design, and construction.
PROJECT ELIGIBILITY: The Department has determined that 100 percent of the non-federal Project
cost for Task 1 and 93.3 percent of the non-federal Project cost for Tasks 2 and 3 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 50 percent of the non-federal Project cost for Task 1 and 46.65 percent of the non-federal
Project cost for Tasks 2 and 3, 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(1)(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:
https:Hfloridaden gov/sites/default/files/PhysicalMonitoringStandards.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. 191R3, Attachment 3-E, Page 1 of 4
Acronyms:
DEP — Florida Department of Environmental Protection
F.A.C. — Florida Administrative Code
F.S. — Florida Statutes
FDEM — Florida Department of Emergency Management
FEMA — Federal Emergency Management Agency
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 Study
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 and Permitting
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.
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.
DEP Agreement No. 19183, Attachment 3-E, Page 2 of 4
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
measures 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 signed by
Local Sponsor 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.
Estimated Eligible Project Cost
Note: The federal share includes FEMA and FDFM.
DEP Agreement No. 19183, Attachment 3-E, Page 3 of 4
State
Federal
Task
Eligible Project Tasks
Cost
Estimated
DEP
Local
Total
#
Share
Project Costs
1
IFeasibility Study
50.00%
$7,038.01
$15,667.50
$15,667.49
$38,373.00
2
IDesign and Permitting
46.65%
$243,408.42
$56,796.25
$64,953.50
$365,158.17
3.1
lConstruction
46.65%
$3,495,973.55
$1,436,693.45
$1,643,035.27 $6,575,702.27
3.2
lConstruction (Non-federal)
46.65%
$0.00
$239,593.80
$274,004.91
$513,598.71
TOTAL PROJECT COSTS
53,746,419.98 $1,748,751.00 $1,997,661.17
$7,492,832.15
Note: The federal share includes FEMA and FDFM.
DEP Agreement No. 19183, Attachment 3-E, Page 3 of 4
PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables
received by, the corresponding deliverable due date.
TaskBudget
No.
Task Title
Budget Category
Amount
Task Start
Date
Deliverable
Due Date
1
Feasibility Study
Contractual Services
$15,667.50
01/01/2016
09/30/2026
2
Design and Permitting
Contractual Services
$56,796.25
01/01/2016
09/30/2026
3
Construction
Contractual Services
$1,676,287.25
1 01/01/2016
1 09/30/2026
Total:
$ 1,748,751.00
Note that, per paragraph 8.j. 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 Local Sponsor
with this and future requests for extension.
DEP Agreement No. 19183, Attachment 3-E, Page 4 of 4