HomeMy WebLinkAbout2026-100AMENDMENT NO.5
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 a revision in the scope of work and a budget reallocation for the Project; and,
WHEREAS, the Grantee has requested to add a new task to the Grant Work Plan; 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:
1. Section 3.B. of the Agreement is deleted and replaced as follows:
This Agreement may be amended, through a formal amendment or a change order, only by a written
agreement between both parties.
A formal amendment to this Agreement is required for changes which cause any of the following:
(1) an increase or decrease in the Agreement funding amount;
(2) a change in Grantee's match requirements;
(3) a change in the expiration date of the Agreement; and/or
(4) changes to the cumulative amount of funding transfers between approved budget categories, as defined
in Attachment A, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the
total budget as last approved by Department.
(5) any changes to the terms and conditions of the Agreement other than the specific instances enumerated
below when a change order may be used.
A change order to this Agreement may be used when:
(1) task timelines within the current authorized Agreement period change;
(2) the cumulative transfer of funds between approved budget categories, as defined in Attachment A,
Grant Work Plan, are less than twenty percent (20%) of the total budget as last approved by
Department;
(3) changing the current funding source as stated in the Standard Grant Agreement; and/or
(4) fund transfers between budget categories for the purposes of meeting match requirements.
This Agreement may be amended to provide for additional services if additional funding is made available
by the Legislature.
DEP Agreement No. S0839, Amendment No. 5, Page 1 of 3
2. The following is hereby added to the Agreement as Section 3.D.ii.:
Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non -excluded
phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under
the terms of this Agreement, the documentation supporting these expenses must be itemized and include
copies of receipts or invoices. Additionally, independent of Grantee's contract obligations to its
subcontractor/subrecipient, Department shall not reimburse any of the following types of charges: cell phone
usage; attorney's fees or court costs; civil or administrative penalties; or handling fees, such as set percent
overages associated with purchasing supplies or equipment.
Section 12.A. of the Agreement is deleted and replaced as follows:
Subcontracting
The Grantee may subcontract work under this Agreement without the prior written consent of the
Department's Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement, which
require prior approval. Regardless of any subcontract, the Grantee is ultimately responsible for all work to
be performed under this Agreement. Upon request by the Department's Grant Manager, the Grantee will
submit a copy of the executed subcontract.
4. Attachment A-4, Revised Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment A-
5, 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 A-5, Revised Grant
Work Plan.
5. All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistency
may appear between the Agreement and this Amendment, the provisions of this Amendment shall control.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. S0839, Amendment No. 5, Page 2 of 3
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 •'rw..... S3jj` .4
4jrx's Pc
By:>"+
Authorized Signature r;
Deryl Loar, Chairman, BOCC "?/V
Print
Print Name and Title
Date: .h.><>e 2, 2726
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By " 4aw
AJI(NNIFER W. SHULER
OUNTY ATTORNEY
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
Digitally signed by Angela
Knecht
Date: 2026.06.08 14:56:02 -04'00'
By:
Secretary or Designee
Angela Knecht, Division Director
Print Name and Title
Date:
Digitally signed by Kayla
Ka la Becerra Becerra
y Date: 2026.06.08
11:38:50 -04'00'
Kayla Becerra, DEP Grant Manager
Digitally signed Kate Pace
Kate Pace
Date: 2026.06.081 1 4:16:28
-04'00'
Kate Pace, DEP QC Reviewer
List of attachments/exhibits included as part of this Amendment:
Specify Type Letter/ Number Description
Attachment A-5 Revised Grant Work Plan
Attest: Ry2n L. Butler, Clerk of
Circuit Court 2nd Comptroller
By�a� i-- .--
puty Clerk
DEP Agreement No. S0839, Amendment No. 5, Page 3 of 3
ATTACHMENT A-5
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 installing infrastructure for 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 install 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 install infrastructure for 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 and should be
submitted prior to the expiration of the grant agreement.
Task 1: Preconstruction Activities
Deliverables: The Grantee will obtain all necessary permits for the Indian River County Oyster Bed
Project.
Documentation: The Grantee will submit a signed summary of activities completed for the period of work
covered in the payment request, including permitting status, using the format provided by the Department's
Grant Manager. For the final documentation, the Grantee will also submit a list of all required permits
identifying issue dates and issuing authorities funded under this task. 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, a payment request may be processed.
Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more
frequently than monthly.
DEP Agreement No. S0839, Attachment A-5, Page 1 of 2
Task 2: Infrastructure Installation
Deliverables: The Grantee will install infrastructure for the Indian River County Oyster Bed Project.
Documentation: The Grantee will submit 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, a payment request may be processed.
Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more
frequently than monthly.
Budget Narrative: The Grantee will directly purchase materials needed to complete the infrastructure
installation under this task.
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 payment requests that include Contractual Services, the Grantee shall provide documentation of the
procurement process, as consistent with Attachment 1, Section 9.c.
Task
Task Title
Budget
Budget
Task Start
Task End
No
Category
Amount
Date
Date
1
Preconstruction Activities
Contractual
$3,595.00
07/01/2015
06/30/2026
Services
Contractual
$11,695.40
Services
2
Infrastructure Installation
07/01/2015
06/30/2026
Miscellaneous/
$34,709.60
Other Expenses
Total:
1 $50,000.00
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-5, Page 2 of 2