HomeMy WebLinkAbout2008-004DEP AGREEMENT No: 07IR3
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BUREAU OF BEACHES AND COASTAL SYSTEMS
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
STATE OF FLORIDA
GRANT AGREEMENT FOR
AMBERSAND BEACH NOURISHMENT
THIS AGREEMENT is entered into between the FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION (hereinafter referred to as the "DEPARTMENT") whose address is 3900 Commonwealth
Boulevard, Tallahassee, Florida 32399-3000 and the INDIAN RIVER COUNTY, whose address is 1820 25`h
Street, Vero Beach, FL. 32960, a local government (hereinafter referred to as the "LOCAL SPONSOR"), for the
project described herein.
WHEREAS, the DEPARTMENT, pursuant to Section 161.091 - Section 161.161, Florida Statutes,
provides financial assistance to eligible governmental entities for beach erosion control activities under the
Florida Beach Management Funding Assistance Program; and,
WHEREAS, the LOCAL SPONSOR has the capabilities of performing the tasks associated with, and
has demonstrated a financial commitment to, the beach erosion control project as described herein.
NOW, THEREFORE, in consideration of the mutual benefits to be derived herefrom, the
DEPARTMENT and the LOCAL SPONSOR do hereby agree as follows:
The DEPARTMENT does hereby retain the LOCAL SPONSOR to implement the beach erosion control
project known as the AMBERSAND BEACH NOURISHMENT, (hereafter referred to as the
PROJECT), as defined in Attachment A (Project Work Plan), attached hereto and made a part hereof,
and the LOCAL SPONSOR does hereby agree to perform such services as are necessary to implement
the PROJECT in accordance with the terms and conditions set forth in this Agreement, and all
attachments and exhibits named herein that are attached hereto and incorporated by reference. For
purposes of this Agreement, the terms "Contract' and "Agreement" are used interchangeably, and the
terms "Grantee", "Recipient' and "Local Sponsor" are used interchangeably.
2. This Agreement shall begin on the last date executed and end on December 31, 2009. Pursuant to
Section 161.101 (18), Florida Statutes, work conducted on this project by the LOCAL SPONSOR or its
subcontractor beginning on or after June 1, 2007, may be eligible for cost sharing by the
DEPARTMENT.
The LOCAL SPONSOR shall perform the services in a proper and satisfactory manner as determined
by the DEPARTMENT. Any and all equipment, products or materials necessary to perform these
services, or requirements as further stated herein, shall be supplied by the LOCAL SPONSOR.
4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature and subject to the release of funds appropriated to the
DEPARTMENT.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 071R3, Page I of 8
5. The LOCAL SPONSOR shall implement the PROJECT and complete said PROJECT upon the terms
and conditions set forth in this Agreement and future requisite authorizations and environmental
permits. The PROJECT consists of restoration and maintenance of Atlantic shoreline between DEP
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 life of the PROJECT is defined as ten
(10) years commencing upon execution of this Agreement and re-initiated upon execution of subsequent
amendments to this Agreement for additional funding. The parties expressly agree that the provisions
of this paragraph shall survive and be enforceable beyond the expiration date of this Agreement.
6. The LOCAL SPONSOR shall develop a detailed Scope of Work for each eligible PROJECT task, as
specified in Table 1 below. It is understood and agreed that the detailed Scope of Work shall include a
narrative description of each task, a corresponding detailed budget and a project schedule. Written
authorization to initiate each scope of work must be obtained from the DEPARTMENT prior to the
initiation of said task. Failure to obtain prior written authorization for a specific task may result in the
forfeiture of all retained funds associated with the PROJECT.
The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are
identified in Table 1 below:
TABLE 1
Task #
Eligible Project Tasks
Estimated Project Costs
Federal
DEP
Local
Total
2.0
Design and Permitting
2.1
Pre -construction Biological Monitoring
$0
$93,979
$107,477
$201.456
4.0
Monitoring
4.1
Environmental Monitoring
$0
$15,388
$17,598
$32,986
4.2
Ph sical Monitoring
$0
$20,080
$22,964
$43,044
TOTAL PROJECT COSTS
$0
$129,447
$148,039
S277,486
8. The DEPARTMENT has determined that 100 percent of the PROJECT cost is eligible for state cost
sharing. Therefore, the DEPARTMENT's financial obligation shall not exceed the sum of $129,447 for
this PROJECT or up to 46.65 percent of the non-federal project cost, if applicable, for the specific
eligible PROJECT items listed above, whichever is less. To the extent applicable, it is understood and
agreed that for portions of the PROJECT which are located within lands owned and managed by the
DEPARTMENT's Division of Recreation and Parks, no cost share for construction activities shall be
required of the LOCAL SPONSOR, and the PROJECT costs for such portions shall be paid by the
DEPARTMENT.
9. The DEPARTMENT and the LOCAL SPONSOR agree that any and all activities associated with the
PROJECT that are not shown in Table 1 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 that exceed the estimated project costs for that item shall be the responsibility of the LOCAL
SPONSOR. Any modifications to the estimated TOTAL PROJECT COSTS shall be provided through
formal amendment to this Agreement.
10. The LOCAL SPONSOR shall perform as an independent contractor and not as an agent, representative,
or employee of the DEPARTMENT.
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DEP Agreement No. 071R3, Page 2 of 8
11. The LOCAL SPONSOR agrees to maintain the public beach access sites and public parking spaces, as
identified in Attachment B (Funding Eligibility), attached hereto and incorporated herein by reference,
for beach use throughout the life of the PROJECT as established under this Agreement. If at any time
the LOCAL SPONSOR fails to maintain the subject beach access sites and public parking for use by the
general public on an equal basis, the LOCAL SPONSOR agrees to reimburse the DEPARTMENT all
funds provided by the DEPARTMENT associated with any beach access site and/or parking spaces
where maintenance is discontinued. Additionally, the LOCAL SPONSOR agrees to maintain public
beach access signs that are clearly visible from the highway for the life of the PROJECT. All parking
must be clearly signed or otherwise designated as parking for the general public.
12. Paragraph intentionally left blank.
13. As consideration for the eligible work performed by the LOCAL SPONSOR under the terms of this
Agreement, the DEPARTMENT shall pay the LOCAL SPONSOR as specified herein. For satisfactory
performance, the DEPARTMENT agrees to compensate the LOCAL SPONSOR on a cost
reimbursement basis for services rendered. All requests for reimbursement shall be made in accordance
with Attachment C (Contract Payment Requirements), attached hereto and made a part hereof, and State
guidelines for allowable costs found in the Department of Financial Services' Reference Guide for State
Expenditures at hUp://www.fldfs.com/aadir/reference%5Fguide. The LOCAL SPONSOR shall submit
a request for reimbursement of funds on the forms provided as Attachment D (Request For Payment,
PARTS I — III), attached hereto and made a part hereof. These forms may be submitted on a quarterly
basis. The term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30,
and December 3l; the request shall be submitted no later than thirty (30) days following the completion
date of the quarterly reporting period of each year in which the project is underway. These forms shall
be certified as accurate by the LOCAL SPONSOR'S Project Manager and the LOCAL SPONSOR's
Project Financial Officer and submitted to the DEPARTMENT as a payment request. All requests for
the reimbursement of travel expenses shall be based on the travel limits established in Section 112.061,
Florida Statutes. A final invoice shall be due no later than thirty (30) days following the completion date
of this Agreement. 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. In such cases where no reimbursement is
sought for a given quarter, all applicable portions of Part III of Attachment D, Project Progress Report
must be completed and submitted.
14. The DEPARTMENT's Bureau of Beaches and Coastal Systems shall have thirty (30) days after receipt
of each billing to determine that the work has been accomplished in accordance with the terms and
conditions of this Agreement prior to approving the billing for payment. It is understood and agreed
that any request for reimbursement that requires the DEPARTMENT to request additional information
of the LOCAL SPONSOR shall stop time for the DEPARTMENT's review period and the clock will
not resume until such information is received as requested by the DEPARTMENT. Upon approval of
the payment request, the DEPARTMENT shall disburse the funds due the LOCAL SPONSOR less ten
(10) percent, which shall be retained on account. The cumulative amount retained for each eligible
scope of work shall be disbursed to the LOCAL SPONSOR after the DEPARTMENT has certified that
the LOCAL SPONSOR has complied with all the terms and conditions of the Agreement, all applicable
DEP permits and the applicable scope of work for said item. The DEPARTMENT will periodically
request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to
the agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as
appropriate. When requested, this information must be provided within thirty (30) calendar days of such
request. If applicable, the LOCAL SPONSOR may also be required to submit a cost allocation plan to
the DEPARTMENT in support of its multipliers (overhead, indirect, general administrative costs, and
fringe benefits). All bills for amounts due under this Agreement shall be submitted in detail sufficient
for a proper pre -audit and post -audit thereof.
DEP Agreement No. 071R3, Page 3 of 8
15. For the duration of this Agreement, the LOCAL SPONSOR shall submit to the DEPARTMENT's
Project Manager quarterly project progress reports as updates to a project schedule, no later than thirty
(30) days following the completion date of the quarterly reporting period. Schedules may be required to
be submitted electronically in an .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.
16. Upon completion of the PROJECT, the LOCAL SPONSOR shall submit to the DEPARTMENT a
certification of completion, attached hereto as Attachment E (Project Completion Certification). A final
project certification inspection shall be made by the DEPARTMENT within 60 days after the PROJECT
is certified complete by the LOCAL SPONSOR.
17. The LOCAL SPONSOR shall, at a minimum, comply with monetary limits for competitive acquisition
of both materials and services as required by Chapter 287, and Chapter 161.101(17), Florida Statutes,
which are expressly made a part of this Agreement and is incorporated herein by reference as if fully set
forth.
18. The applicable provisions of Chapter 161, Florida Statutes, entitled "Beach and Shore Preservation",
and any rules promulgated therefrom, are expressly made a part of this Agreement and are incorporated
herein by reference as if fully set forth.
19. The LOCAL SPONSOR's Project Manager for all matters is Jonathan Gorham, Phone: 772/567-8000.
The DEPARTMENT's Project Manager for all technical matters is Brian Taylor, Phone:
850/921-7737 and the DEPARTMENT's Grant Program Administrator for all administrative matters is
Dena VanLandingham, Phone: 850/922-7711 or their successor(s). All matters shall be directed to the
appropriate persons for action or disposition.
20. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its
employees and agents. However, nothing contained herein shall constitute a waiver by either party of
its sovereign immunity or the provisions of Section 768.28, Florida Statutes.
21. The DEPARTMENT may terminate this Agreement at any time in the event of the failure of the
LOCAL SPONSOR to fulfill any of its obligations under this Agreement. Prior to termination, the
DEPARTMENT shall provide ten (10) calendar days written notice of its intent to terminate and shall
provide the LOCAL SPONSOR an opportunity to consult with the DEPARTMENT regarding the
reason(s) for termination. The DEPARTMENT may terminate this Agreement without cause and for its
convenience by giving thirty (30) calendar days written notice to the LOCAL SPONSOR. Notice shall
be sufficient if delivered personally or by certified mail to the address set forth in this Agreement.
22. Any and all notices shall be delivered to the parties at the following addresses:
LOCALSPONSOR
Jonathan Gorham
Indian River County
182025 1h Street,
Vero Beach, Florida 32960
(772)567-8000
DEPARTMENT
Dena VanLandingham, Grants Program Administrator
Department of Environmental Protection
Bureau of Beaches and Coastal Systems
3900 Commonwealth Blvd., MS 300
Tallahassee, Florida 32399-3000
(850)922-7711
DEP Agreement No. 071R3, Page 4 of 8
23. This Agreement may be unilaterally canceled by the DEPARTMENT for refusal by the LOCAL
SPONSOR to allow public access to all documents, papers, letters, or other material made or received
by the LOCAL SPONSOR in conjunction with this Agreement, unless the records are exempt from
Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes.
24. The LOCAL SPONSOR shall maintain books, records and documents directly pertinent to performance
under this Agreement in accordance with generally accepted accounting principles consistently applied.
The DEPARTMENT, the State, or their authorized representatives shall have access to such records for
audit purposes during the term of this Agreement and for five years following Agreement completion.
In the event any work is subcontracted, the LOCAL SPONSOR shall similarly require each
subcontractor to maintain and allow access to such records for audit purposes.
25. A. In addition to the requirements of the preceding paragraph, the LOCAL SPONSOR shall
comply with the applicable provisions contained in Attachment F (Special Audit
Requirements), attached hereto and made a part hereof. Exhibit 1 to Attachment F
summarizes the funding sources supporting the Agreement for purposes of assisting the LOCAL
SPONSOR in complying with the requirements of Attachment F. A revised copy of Exhibit 1
must be provided to the LOCAL SPONSOR for each amendment that 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 Grant Program Administrator at 850/922-
7711, to request a copy of the updated information.
B. The LOCAL SPONSOR is hereby advised that the Federal and/or Florida Single Audit Act
Requirements may further apply to lower tier transactions that may be a result of this
Agreement. The LOCAL SPONSOR shall consider the type of financial assistance (federal
and/or state) identified in Attachment F, Exhibit 1 when making its determination. For federal
financial assistance, the LOCAL SPONSOR shall utilize the guidance provided under OMB
Circular A-133, Subpart B, Section _.210 for determining whether the relationship represents
that of a sub recipient or vendor. For state financial assistance, the LOCAL SPONSOR shall
utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs
Vendor Determination" (form number DFS -A2 -NS) that can be found under the "Links/Forms"
section appearing at the following website:
https://apps.fldfs.com/fsaa
The LOCAL SPONSOR should confer with its chief financial officer, or audit director or
contact the DEPARTMENT for assistance with questions pertaining to the applicability of these
requirements.
26. In accordance with Section 216.347, Florida Statutes, the LOCAL SPONSOR is hereby prohibited from
using funds provided by this Agreement for the purposes of lobbying the Legislature, the judicial branch
or a state agency.
27. The LOCAL SPONSOR covenants that it presently has no interest and shall not acquire any interest that
would conflict in any manner or degree with the performance of services required.
28. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the
laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such
manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be
prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such
prohibition or invalidity, without invalidating the remainder of such provision or the remaining
provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon
County, Florida.
DEP Agreement No. 07IR3, Page 5 of 8
29. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or
default by either party under this Agreement, shall impair any such right, power or remedy of either
party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any
similar breach or default thereafter.
30. To the extent required by law, the LOCAL SPONSOR will be self-insured against, or will secure and
maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees
connected with the work of this project and, in case any work is subcontracted, the LOCAL SPONSOR
shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the
latter's employees unless such employees are covered by the protection afforded by the LOCAL
SPONSOR. Such self-insurance program or insurance coverage shall comply fully with the Florida
Workers' Compensation Law, Chapter 440, F.S. In case any class of employees engaged in hazardous
work under this Agreement is not protected under Workers' Compensation statutes, the LOCAL
SPONSOR shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to
the Department, for the protection of its employees not otherwise protected.
31. The LOCAL SPONSOR recognizes that
the State of Florida,
by virtue of its sovereignty,
is not required
to pay any taxes on the services or goods
purchased under the
terms of this Agreement.
32. This Agreement is neither intended nor shall it be construed to grant any rights, privileges or interest in
any third party without the mutual written agreement of the parties hereto.
33. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be
excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected
to discrimination in performance of this Agreement.
B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a
bid on a contract to provide goods or services to a public entity, may not submit a bid on a
contract with a public entity for the construction or repair of a public building or public work,
may not submit bids on leases of real property to a public entity, may not award or perform
work as a contractor, supplier, subcontractor, or consultant under contract with any public
entity, and may not transact business with any public entity. The Florida Department of
Management Services is responsible for maintaining the discriminatory vendor list. Questions
regarding the discriminatory vendor list may be directed to the Florida Department of
Management Services, Office of Supplier Diversity at (850) 487-0915.
C. The DEPARTMENT supports diversity in its procurement program and requests that all
subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically.
The award of subcontracts should reflect the full diversity of the citizens of the State of Florida.
A list of Minority Owned firms that could be offered subcontracting opportunities may be
obtained by contracting the Office of Supplier Diversity at (850) 487-0915.
34. The LOCAL SPONSOR shall not subcontract, assign, or transfer any work under this Agreement
without the prior written consent of the DEPARTMENT's Project Manager. The LOCAL SPONSOR
agrees to be responsible for the fulfillment of all work elements included in any subcontract consented
to by the DEPARTMENT and agrees to be responsible for the payment of all monies due under any
subcontract. It is understood and agreed by the LOCAL SPONSOR that the DEPARTMENT shall not
be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the
LOCAL SPONSOR shall be solely liable to the subcontractor for all expenses and liabilities incurred
under the subcontract. The LOCAL SPONSOR will be responsible for auditing all travel
reimbursement expenses based on the travel limits established in Section 112.061, F.S.
DEP Agreement No. 07I113, Page 6 of 8
35. When applicable, the LOCAL SPONSOR shall also notify the DEPARTMENT's Project Manager of
the solicitation list from which an intended subcontractor was selected. Upon the DEPARTMENT's
request, the LOCAL SPONSOR shall furnish copies of the respective solicitation documents, including
the solicitation and responses thereto, the bid tabulations and the resulting contract(s), including a
detailed scope of work.
36. The LOCAL SPONSOR warrants and represents that it is self-funded for liability insurance, appropriate
and allowable under Florida Law, and that such self-insurance offers protection applicable to the
LOCAL SPONSOR's officers, employees, servants and agents while acting within the scope of their
employment with the LOCAL SPONSOR.
37. The purchase of non -expendable equipment costing $1,000 or more is not authorized under the terms
and conditions of this Agreement.
38. The DEPARTMENT may at any time, by written order designated to be a change order, make any
change in the work within the general scope of this Agreement (e.g., specifications, task timeline within
current authorized Agreement period, method or manner of performance, requirements, etc.). All
change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change
order which causes an increase or decrease in the LOCAL SPONSOR's cost or time shall require an
appropriate adjustment and modification (formal amendment) to this Agreement.
39. The LOCAL SPONSOR shall comply with all applicable federal, state and local rules and regulations in
providing services to the DEPARTMENT under this Agreement. The LOCAL SPONSOR
acknowledges that this requirement includes compliance with all applicable federal, state and local
health and safety rules and regulations. The LOCAL SPONSOR further agrees to include this provision
in all subcontracts issued as a result of this Agreement.
40. if a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment of the
requirements of this Agreement, the LOCAL SPONSOR shall promptly notify the DEPARTMENT
orally and shall, within seven (7) calendar days, notify the DEPARTMENT in writing of the anticipated
length and cause of the delay, the measures taken or to be taken to minimize the delay, and the LOCAL
SPONSOR's intended timetable for implementation of such measures. If the parties agree that the delay
or anticipated delay was caused, or will be caused by a force majeure, time for performance under this
Agreement may be extended, at the discretion of the DEPARTMENT, for a period of time equal to the
delay resulting from the force majeure. Such agreement shall be confirmed by letter from the
DEPARTMENT accepting, or if necessary, modifying the extension. A force majeure shall be an act of
God, strike, lockout, or other industrial disturbance, act of the public enemy, war, blockade, public riot,
lightning, fire, flood, explosion, failure to receive timely necessary governmental or third party
approvals, governmental restraint, and any other cause, whether of the kind specifically enumerated
herein or otherwise, that is not reasonably within the control of the LOCAL SPONSOR and/or the
DEPARTMENT. The LOCAL SPONSOR is responsible for the performance of all services issued
under this Agreement. Failure to perform by the LOCAL SPONSOR's consultant(s) or subcontractor(s)
shall not constitute a force majeure event.
41. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes,
modifications or waivers of provisions of this Agreement shall only be valid when they have been
reduced to writing, duly signed by each of the parties hereto, and attached to the original of this
Agreement, unless otherwise provided herein.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 07IR3, Page 7 of 8
IN WITNESS WHEREOF, the parties have caused these presents to be duly executed, the day and year
last written below.
INDIAN RIVER COUNTY
wr
Bv/
Title: *CoRunfssion hair` ,
Sa>7dra L owder�
Date:January ,8, 2008
r,
FEID No.67F 4
APPROVED AS TO FORM
AND GALSUFFICIENCY
BY
ae±scN e, �.yr_, stNroe
AS STkNT COUNTYATTORNEY
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By:
Secretary or designee
Date: 1 Z// V d 7
Department of Environmental Protection
Grant Program Administrator
APPROVED as to form and legality:
Department of Eni6rcrhmental Protection
Attorney
*If someone other than the Commission Chair signs this Agreement, a resolution, statement or other
documentation authorizing that person to sign the Agreement on behalf of the County/City must accompany the
agreement.
List of Attachments/Exhibits included as part of this Agreement:
Specify Letter/
Type Number Description (include number of pages)
Attachment A Project Work Plan (2 pages)
Attachment B Funding Eligibility (1 page)
Attachment C Contract Payment Requirements (I page)
Attachment D Request For Payment, Parts I - III (3 pages)
Attachment E Project Completion Certification (I page)
Attachment F Special Audit Requirements (5 pages)
DEP Agreement No. 07I113, Page 8 of 8
ATTACHMENT A
PROJECT WORKPLAN
AMBERSAND BEACH NOURISHMENT
The PROJECT consists of restoration and maintenance of Atlantic shoreline between DEP 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
PROJECT shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable
Department of Environmental Protection permits and the eligible project task items established below. All data collection
and processing, and the resulting product deliverables, shall comply with the standard technical specifications contained in
the Department's Regional Data Collection and Processing Plan and Geographic Information System Plan, unless
otherwise specified in the approved Scope of Work (herein after referred to as SOW) for an eligible PROJECT item.
These plans may be found at http://www.dep.state.fl.us/beaches/. Three (3) originals and one (1) electronic copy of all
written reports developed under this Agreement shall be forwarded to the Department, unless otherwise specified.
Task No: Eligible Project Item:
2.0 Design and Permitting
Professional services required for engineering and design, obtaining environmental permits and other
authorizations and the preparation of plans and specifications. This item specifically excludes permit
application fees or any other fees paid to the State of Florida.
2.1 Pre -Construction Biological Monitoring
Continental Shelf Associates, Inc. (CSA), Coastal Eco -Group (CEG) and Applied Technology and
Management (ATM) have been retained by Indian River County to conduct pre -construction biological
monitoring. Activities included as part of this task involve: surveying transects R-5, R-8 and R-22, collecting
quadrant and sediment thickness data along the eight project transects, and surveying the nearshore edge of
hardbottom between R-4 and R-12. Total cost for the described services is $201,456.00. The scope of
services was approved on October 22, 2007.
4.0 Monitoring
A monitoring program conducted in accordance with the requirements specified in any and all permits issued
by the Department and the US Army Corps of Engineers. A monitoring plan must be submitted and approved
in writing by the Department prior to the initiation of monitoring activities. The plan shall be developed in a
manner that will coordinate the monitoring activities associated with current shoreline stabilization projects
located within or adjacent to the project area and with the Department's Regional Coastal Monitoring
Program.
4.1 Environmental Monitoring
CSA and ATM have been retained by Indian River County to conduct year 2 mitigation reef monitoring
services associated with the Ambersand Beach Nourishment Project. Activities included as part of this task
involve: Benthic and fish habitat assessments, mitigation reef extent, data analysis and report preparation and
regulatory agency coordination/consultation. Total cost for the described services is $32,986.00. The scope
of services was approved on October 22, 2007.
DEP Agreement No. 07IR3, Attachment A, Page I of 2
4.2 Physical Monitoring
ATM has been retained by Indian River County to conduct physical monitoring services associated with the
Ambersand Beach Nourishment Project. Activities included as part of this task involve: sediment sampling
and reporting and preparation of a post -construction physical monitoring report. Total cost for the described
services is $43,044.00. The scope of services was approved on October 22, 2007.
DEP Agreement No. 07IR3, Attachment A, Page 2 of 2
ATTACHMENT B
FUNDING ELIGIBILITY
AMBERSAND BEACH NOURISHMENT
Project Boundary: from approximately DEP Range Monument R-3.5 to R-17.
Approximate Shoreline Length: 13,296 FEET
Public Access
Sebastian Inlet State Recreation Area
Ambersand Park
Areas determined to be publicly accessible:
R3.5 to RI l
600' S of R15 to 680' S of R15
Total
eligible shoreline
length:
12,404
FEET
Total
project
shoreline
length:
13,296
FEET
Percent eligible for State funding: 93.30 PERCENT
*Primary beach access
Parking Spaces
*125
30
DEP Agreement No. 07IR3, Attachment B, Page 1 of 1
ATTACHMENT C
Contract Payment Requirements
Florida Department of Financial Services, Reference Guide for State Expenditures (January 2005)
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary,
travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being
claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each
piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved
contract budget should be reimbursed.
Contracts between state agencies, and or contracts between universities may submit alternative documentation to
substantiate the reimbursement request that may be in the form of Florida Accounting Information Resource (FLAIR)
reports or other detailed reports.
Listed below are examples of types of documentation representing the minimum requirements:
(1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should
show gross salary charges, fringe benefits, other deductions and net pay. If an individual for
whom reimbursement is being claimed is paid by the hour, a document reflecting the hours
worked times the rate of pay will be acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the
employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits
will be based on a specified percentage rather than the actual cost of fringe benefits, then the
calculation for the fringe benefits amount must be shown.
Exception:
Governmental entities are
not required
to provide check numbers or copies of
checks for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which
includes submission of the claim on the approved State travel voucher or electronic means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is
purchased using State funds, the contract should include a provision for the transfer of the
property to the State when services are terminated. Documentation must be provided to show
compliance with Department of Management Services Rule 60A-1.017, Florida Administrative
Code, regarding the requirements for contracts that include services and that provide for the
contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes,
for subsequent transfer to the State.
(5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a
usage log that shows the units times the rate being charged. The rates must be reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the
calculation should be shown.
The Florida Department of Financial Services, Reference Guide to State Expenditures (January, 2005) can be found at the
following web address: http://www.fldfs.com/aadir/reference%SFguide/.
DEP Agreement No. 07IR3, Attachment C, Page 1 of I
ATTACHMENT D
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT — PART I
14: u ► uu::
Name of Project: AMBERSAND BEACH NOURISHMENT
Grantee: INDIAN RIVER COUNTY DEP Contract Number: 071 R3
Billing Number:
Costs Incurred This Payment Request:
Federal Share*
State Share
*if applicable
Cost
Summary:
State
Funds Obligated
$
Less
Advance Pay
$
Less
Previous Payment
$
Less
Previous Retained
$
Less
This Payment
$
Less
This Retainage (1O%)
$
State
Funds Remaining
$
Billing Period:
Billing Type: ❑ Interim Billing ❑ Final Billing
Local Share Total
Local Funds Obligated
Less Advance Pay
Less Previous Credits
Less This Credit
Local Funds Remaining
Certification: 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 Systems 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
DEP Agreement No. 07IR3, Attachment D, Page I of 3
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FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT - PART III
PROJECT PROGRESS REPORT
Name of Project: AMBERSAND BEACH NOURISHMENT
Grantee: INDIAN RIVER COUNTY DEP Agreement Number: 07IR3
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.)
Task Eligible Project
No: Item:
2.0 DESIGN AND PERMITTING
2.1 PRE-CONASTRUCTION BIOLOGICAL MONITORING
4.0 MONITORING
4.1 ENVIROMENTAL MONITORING
4.2 PHYSICAL MONITORING
DEP Agreement No. 071R3, Attachment D, Page 3 of 3
ATTACHMENT E
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
PROJECT COMPLETION CERTIFICATION
Name of Project: AMBERSAND BEACH NOURISHMENT
Grantee: INDIAN RIVER COUNTY
DEP Agreement Number: 07IR3
*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 Manager Signature of Project Manager Date
DEP Agreement No. 071R3, Attachment E, Page 1 of 1
ATTACHMENT
SPECIAL AUDIT REQUIREMENTS
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 contract/agreement) to the recipient
(which may be 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 attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., 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-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 Chief Financial Officer or Auditor General.
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.
In the event that the recipient expends $500,000 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 resources, 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 of OMB Circular A-133,
as revised, will meet the requirements of this part.
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-133, as
revised.
If the recipient expends less than $500,000 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 $500,000 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 resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at http://12.46.245.173/efda/efda.htmi.
DEP Agreement No. 07IR3, Attachment F, Page 1 of 5
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes.
In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 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 Department
of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates 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(7), 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 $500,000 in state financial assistance 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 $500,000 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://ayys.fldfs.com/fsaa for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website at http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at
http://www.myflorida.com/. Department of Financial Services' Website at http://www.tldfs.com and the
Auditor General's Website at http://www.state.fl.us/audgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to speck any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity'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). 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 ofsuch additional audits.)
PART IV: REPORT SUBMISSION
Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this Attachment 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:
DEP Agreement No. 07IR3, Attachment F, Page 2 of 5
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
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.
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 the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
3. Copies of financial reporting packages required by PART Il 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 the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
I I I West Madison Street
Tallahassee, Florida 32399-1450
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 07IR3, Attachment F, Page 3 of 5
4. 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 the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
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, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable,
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 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 3 years from the date the
audit report is issued, unless the date is extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 07IR3, Attachment F, Page 4 of 5
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