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HomeMy WebLinkAbout2004-001 • ORIGINAL 7 -F 0 / - ool AMENDMENT No : 5 DEP AGREEMENT No : 98IR1 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF BEACHES AND COASTAL SYSTEMS BEACH EROSION CONTROL PROGRAM STATE OF FLORIDA AMENDMENT TO GRANT AGREEMENT FOR Indian River County Shore Protection Project THIS AGREEMENT as entered into on the 28"' day of August, 1998 , and amended on the 12"' day of May, 1999 , the 3`d day of November, 1999 , the 22°d day of February , 2001 , and on the 19"' day of March, 2002 , 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 1840 25 "' Street, Vero Beach, FL 32960 , a local government, (hereinafter referred to as the "LOCAL SPONSOR " ) is hereby amended as follows : • Paragraphs 1 — 38 are hereby deleted in their entirety and replaced with the following : 1 . The DEPARTMENT does hereby retain the LOCAL SPONSOR to implement the beach erosion control project known as the INDIAN RIVER COUNTY SHORE PROTECTION PROJECT , (hereafter referred to as the PROJECT) , as defined in Attachment A-2 (Project Work Plan) , attached hereto and incorporated herein by reference , 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 which are attached hereto and incorporated by reference . For purposes of this Agreement, the terms "Contract" and "Agreement" are used interchangeably, and also the terms "Grantee" , "Recipient" and "Local Sponsor" are used interchangeably . 2 . This Agreement shall begin on August 28 "', 1998 and end on October 15 , 2004 . Pursuant to Section 161 . 101 ( 18 ) , Florida Statutes , work conducted on this PROJECT by the LOCAL SPONSOR or its subcontractor beginning on or after July 1 , 1998 , shall be eligible for cost sharing by the DEPARTMENT . 3 . 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 . 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 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 -R48 ) . The life of the PROJECT is defined as ten ( 10) years commencing upon the completion date of the construction task under this PROJECT . The parties expressly agree that the provisions of this paragraph shall survive and be enforceable beyond the expiration date of this Agreement. DEP Agreement No . 98IR1 , Amendment No . 5 , Page 1 of 8 The LOCAL SPONSOR shall develop a detailed Scope of Work for each eligible PROJECT item, 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 eligible project item must be obtained from the DEPARTMENT prior to the initiation of said item. 6 . The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are identified in Table 1 below : Task # Eligible PROJECT Items Estimated Project Costs Federal State Local Total 1 .0 Feasiblity Study 1 . 11 Environmental Assessment $0 $ 56 , 369 $ 569369 $ 112 ,738 1 . 21 Sand and Search Investigation $0 $929848 $929848 $ 1859696 1 . 3 Pre-engineering $0 $ 32 ,450 $ 329450 $649900 Subtotal $0 $ 181 ,667 $ 181 ,667 $363,334 2.0 Design and Permitting 2 . 1 Beach Restoration $0 $501 ,765 $501 ,765 $ 1 ,0039530 2 . 2 Habitat Conservation Plan $0 $ 118 , 595 $ 389025 $ 1569620 2 . 3 Mitigation Reef $0 $449358 $44 , 358 $ 88 ,716 Subtotal $0 $6649718 $5849148 $ 192489866 3 .0 Construction 3 . 1 Beach Construction $0 $791419251 $ 198919447 $99032,698 3 . 2 Mitigation Reef $0 $ 1 , 313 , 594 $ 299029406 $4 ,2169000 Subtotal $0 $894549845 $497939853 $ 139248,698 4.0 Monitoring 4 . 1 Beach Monitoring $0 $275 ,000 $2759000 $5509000 4 . 2 Mitigation Reef $0 $259000 $ 259000 $509000 Subtotal $0 $3009000 $3009000 $6009000 TOTAL PROJECT COSTS $0 $996019230 $5,859,668 $159460,898 7 . The DEPARTMENT financial obligation shall not exceed the sum of $9 , 601 , 230 for this PROJECT ; and the LOCAL SPONSOR shall be reimbursed for the eligible PROJECT items established above in accordance with the following : for Tasks 1 . 19 1 , 29 1 . 39 2 . 15 2. 39 4 . 1 and 4 . 2, the DEPARTMENT ' s share shall not exceed 50 percent of the non-federal share , if applicable, whichever is less ; for Task 2 . 2, the DEPARTMENT ' s share shall not exceed 75 percent of the non-federal share , if applicable, whichever is less ; for Tasks 3 . 1 and 3 . 2, the DEPARTMENT shall pay 100 percent of the non-federal share for the construction costs of that portion of the PROJECT located within Sebastian Inlet State Park. For the remaining Task 3 . 1 and 3 . 2 PROJECT construction costs , the DEPARTMENT ' s share shall not exceed 50 percent of the non-federal share, if applicable , whichever is less . 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 which 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. DEP Agreement No . 98IR1 , Amendment No . 5 , Page 2 of 8 8 . The LOCAL SPONSOR shall perform as an independent contractor and not as an agent, representative , or employee of the DEPARTMENT . 9 . Paragraph intentionally left blank. 10 . Paragraph intentionally left blank. 11 . 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 B -2 (Comptroller' s Contract Payment Requirements) , attached hereto and made a part hereof, and state guidelines for eligible costs found in the State Comptroller' s Voucher Processing Handbook at (<http : //www . dbf. state . fl . us/aadir/mainindex . html>) . The LOCAL SPONSOR will submit a request for reimbursement of funds on the forms provided as Attachment C-2 (Request For Payment, PARTS I - IV) , attached hereto and made a part hereof, on a quarterly basis . The term "quarterly" shall reflect the calendar quarters ending March 31 , June 30 , September 30 , and December 31 ; 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 Administrator 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 . 12 . The DEPARTMENT's Project Manager 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 PROJECT item 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 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 Grantee 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. 13 . 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 shall 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 . DEP Agreement No . 98IR1 , Amendment No. 5 , Page 3 of 8 ^ a 14 . Upon completion of the PROJECT the LOCAL SPONSOR shall submit to the DEPARTMENT a certification of completion, attached hereto as Attachment D- 1 (Project Completion Certification) . The DEPARTMENT reserves the right to release retainage withheld, at the request of the LOCAL SPONSOR, or at the DEPARTMENT ' s convenience , for a completed eligible PROJECT item task during the term of this Agreement. A completed Project Completion Certification must accompany the payment request that identifies the eligible project items completed for which release of retained funds is requested by the LOCAL SPONSOR. 15 . Pursuant to Chapter 161 . 101 ( 17) , Florida Statutes , the LOCAL SPONSOR shall , at a minimum, comply with monetary limits for competitive acquisition of both materials and services as required by Chapter 287 , Florida Statutes , which is expressly made a part of this Agreement and is incorporated herein by reference as if fully set forth. 16 . 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. 17 . The LOCAL SPONSOR' s Project Manager for all matters is Jonathan Gorham, Phone : 561 /567 -8000, extension 568 . The DEPARTMENT's Project Manager for all technical matters is Phil Sanders , Phone : 850/487 - 1262 , ext. 169 and the DEPARTMENT ' s Grant Program Administrator for all administrative matters is C . Tony Tucker, Phone : 850/487- 1262 , extension 192 , or their successor(s) . All matters shall be directed to the appropriate persons for action or disposition . 18 . 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 . 19 , 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. 20 . Any and all notices shall be delivered to the parties at the following addresses : LOCAL SPONSOR DEPARTMENT Jonathan Gorham C . Tony Tucker, Grant Program Administrator Indian River County Public Works Department Department of Environmental Protection 1840 25ffi Street Bureau of Beaches and Coastal Systems Vero Beach, FL 32960 3900 Commonwealth Blvd . , MS 300 (561 ) 567 -8000 x 568 Tallahassee, Florida 32399 -3000 ( 850) 487- 1262, extension 192 21 . 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 . DEP Agreement No . 98181 , Amendment No . 5 , Page 4 of 8 22 . 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 three 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 . 23 . In addition to the requirements of the preceding paragraph, the LOCAL SPONSOR shall comply with the applicable provisions contained in Attachment E- 1 ( Special Audit Requirements ) , attached hereto and incorporated herein by reference . Exhibit 1 summarizes the funding sources supporting the Agreement -for purposes of assisting the LOCAL SPONSOR in complying with the requirements of Attachment E- 1 . A revised copy of Exhibit 1 must be provided to the LOCAL SPONSOR for each amendment which authorizes a funding increase or decrease . If the LOCAL SPONSOR fails to receive a revised copy of Exhibit 1 , the LOCAL SPONSOR shall notify the DEPARTMENT ' s Grant Manager to request a copy of the updated information. The LOCAL SPONSOR is hereby noticed that the Florida Single Audit Act and Special Audit Requirements may further apply to subcontracts and lower tier transactions that may result pursuant to this Agreement . The LOCAL SPONSOR may confer with its chief financial officer, audit director or contact the state officials identified under Part II of Attachment E- 1 for assistance with questions pertaining to the applicability of these requirements . 24 . 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. 25 . The LOCAL SPONSOR covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 26 . 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. 27 . 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. 28 . To the extent required by law , the Grantee will be self-insured against, or will secure and maintain during the life of this Agreement, Worker' s Compensation Insurance for all of its employees connected with the work of this project and , in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Worker' s Compensation Insurance for all of the latter' s employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Worker' s Compensation law . In case any class of employees engaged in hazardous work under this Agreement is not protected under Worker' s Compensation statutes , the Grantee shall provide, and cause each subcontractor to provide , adequate insurance satisfactory to the Department, for the protection of its employees not otherwise protected . 29 . 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. DEP Agreement No . 98181 , Amendment No. 5 , Page 5 of 8 30 . 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 . 31 . 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 and intends to post the list on its website . 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. The Department will be glad to furnish a list of minority owned businesses for consideration in subcontracting opportunities . 32 . 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. When applicable, the LOCAL SPONSOR shall also notify the DEPARTMENT ' s Project Manager of the solicitation 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. 33 . 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. 34 . The purchase of non-expendable equipment costing $ 1 ,000 or more is not authorized under the terms and conditions of this Agreement. 35 . 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 , time, 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 . DEP Agreement No . 98181 , Amendment No . 5 , Page 6 of 8 36 . 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 . 37 . If a force majeure occurs which causes delays or the reasonable likelihood of delay in the fulfillment of the requirements of this PROJECT 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 PROJECT 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, which 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 PROJECT Agreement. Failure to perform by the LOCAL SPONSOR ' s consultant(s ) or subcontractor( s) shall not constitute a force majeure event. 38 . 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 . • Attachment( s) A- 1 , B - 1 , C- 1 , D and E are hereby deleted in their entirety. • Attachment( s) A-2, B -2, C -2 , D - 1 and E- 1 as attached hereto are hereby added to the Agreement . In all other respects , the Agreement, of which this is an Amendment, and attachments relative thereto, shall remain in full force and effect . REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No . 98181 , Amendment No. 5 , 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 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By : By Title : * County Commission ChAd Secretary or designee Caroline D . Ginn Date : January 6 , 2004 Date : Z Z/0 FEID No . 59 -6000674 �p EP rant Program Administra ! rd 'sa River County A ved Date APPROVED as to form and legality : Administration Budget Co . Attorneys Risk Management DEP Attorney + De) partment r Z U3 } i vision R043 * If someone other than the County 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-2 Project Work Plan ( 1 page) Attachment B -2 Comptroller' s Contract Payment Requirements ( 1 page) Attachment C-2 Request For Payment (4 pages) Attachment D- 1 Project Completion Certification ( 1 page) Attachment E- 1 Special Audit Requirements ( 5 pages) PROVE Ale, c9a j) d MAN C Yviinistrator APPROVED AS TO F RM AOANTUFFICIENCY BYLL AUNTY ATTORNEY DEP Agreement No . 98181 , Amendment No . 5 , Page 8 of 8 ATTACHMENT A-2 PROJECT WORK PLAN INDIAN RIVER COUNTY SHORE PROTECTION PROJECT 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-R48 ) . The PROJECT shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable DEP 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 for an eligible PROJECT item. These plans may be found at http : //www . dep . state . fl . us/beaches/. Three ( 3 ) originals on all written reports developed under this Agreement shall be forwarded to the Department, unless otherwise specified . Task No : Eligible Project Item , 1 .0 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 : physical and environmental surveying ; reconnaissance-level geotechnical services ; coastal engineering analysis ; economic studies ; environmental analysis ; real estate studies ; and plan formulation . 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. 10 Construction Work performed and costs incurred associated with the placement of fill material and/or the construction of erosion control structures within the project area . Eligible costs may include mobilization , demobilization, construction observation or inspection services , beach fill , tilling and scarp removal , erosion control structures , dune stabilization measures and native beach-dune vegetation . Construction shall be conducted in accordance with any and all permits issued by the Department . 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 which 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. Attachment A-2 , DEP Agreement No. 98IR1 , Amendment No . 5 , Page 1 of 1 ATTACHMENT B -2 Comptroller Contract Payment Requirements Department of Banking and Finance , Bureau of Auditing Manual ( 10/07/97) 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 . 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 which 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 which 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 . Pursuant to 216 . 346 , Florida Statutes , a contract between state agencies including any contract involving the State University system or the State Community College system, the agency receiving the contract or grant moneys shall charge no more than 5 percent of the total cost of the contract or grant for overhead or indirect cost or any other cost not required for the payment of direct costs . Attachment B -2, DEP Agreement No . 981R I , Amendment No . 5 , Page 1 of 1 ATTACHMENT C- 2 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH EROSION CONTROL PROGRAM REQUEST FOR PAYMENT — PART I PAYMENT SUMMARY Name of Project: INDIAN RIVER COUNTY SHORE PROTECTION PROJECT Grantee : INDIAN RIVER COUNTY DEP Contract Number: 98181 Billing Number: Billing Period : Billing Type : ❑ Interim Billing ❑ Final Billing Costs Incurred This Payment Request : Federal Share * State Share Local Share Total * if applicable Cost Summary , State Funds Obligated $ Local Funds Obligated $ Less Previous Payment $ Less Previous Credits $ Less Previous Retained $ Less This Payment $ Less This Credit $ Less This Retainage ( 10%) $ Local Funds Remaining $ State 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 Attachment C-2 , DEP Agreement No . 981RI , Amendment No . 5 , Page 1 of 5 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH EROSION CONTROL PROGRAM REQUEST FOR PAYMENT — PART II REIMBURSEMENT DETAIL Name of Project: INDIAN RIVER COUNTY SHORE PROTECTION PROJECT Grantee : INDIAN RIVER COUNTY DEP Contract Number: 981R Billing Number : Billing Period : Summary of Invoices : Task Date of Invoice Amount of Nod Check Amount Paid Invoice Number Invoice (Eligible Vendor Name Number Vendor Project Item) $ $ 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 Project Administrator Signature of Project Administrator Date Name of Project Financial Officer Signature of Project Financial Officer Date Attachment C-2, DEP Agreement No . 98IR1 , Amendment No . 5 , Page 2 of 5 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM REQUEST FOR PAYMENT - PART III PROJECT PROGRESS REPORT Name of Project: INDIAN RIVER COUNTY SHORE PROTECTION PROJECT Grantee : INDIAN RIVER COUNTY DEP Agreement Number: 98181 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: 1 . 0 FEASIBILITY STUDY 1 . 1 Environmental Assessment 1 . 2 Sand Search Investigation 1 . 3 Pre-engineering 2 . 0 . DESIGN AND PERMITTING 2. 1 Beach Restoration 2 . 2 Habitat Conservation Plan Attachment C-2, DEP Agreement No . 981R I , Amendment No. 5 , Page 3 of 5 ♦ tl 2 . 3 Mitigation Reef 3 . 0 CONSTRUCTION 3 . 1 Beach Construction 3 . 2 Mitigation Reef 4 . 0 MONITORING 4 . 1 Beach Monitoring 4 . 2 Mitigation Reef Attachment C-2, DEP Agreement No . 981R1 , Amendment No. 5 , Page 4 of 5 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM REQUEST FOR PAYMENT - PART IV PROJECT FINANCIAL REPORT Name of Project: INDIAN RIVER COUNTY SHORE PROTECTION Grantee : INDIAN RIVER COUNTY DEP Contract Number: 981RI Report Period : Project Expenditures Costs Incurred Costs Incurred Total Funds Task Eligible Project Items This Report Period to Date Obligated No . 1 . 0 Feasibility Study $ $ $ 363 , 334 2 . 0 Design and Permitting $ $ $ 1 ,248 , 866 3 . 0 Construction $ $ $ 137248 , 698 4 . 0 Monitoring $ $ $6009000 TOTAL $ 1594609898 Attachment C-2, DEP Agreement No . 981R1 , Amendment No. 5 , Page 5 of 5 ATTACHMENT D - 1 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM PROJECT COMPLETION CERTIFICATION Name of Project: INDIAN RIVER COUNTY SHORE PROTECTION PROJECT Grantee : INDIAN RIVER COUNTY DEP Agreement Number: 981R * 1 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 Administrator Signature of Project Administrator Date *Requests for the Department' s release of retained funds for which an eligible project item is completed may be considered in advance of overall Project Completion . If this Certification pertains only to the completion of specific eligible project item tasks , the LOCAL SPONSOR shall also provide the following information in addition to the required signature above : Requested Amount of Release : $ Period of Services : Completed Task Description: Attachment D - 1 , DEP Agreement No . 981R1 , Amendment No. 5 , Page 1 of 1 ATTACHMENT E- 1 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department ", "DEP ", 7DEP " 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 Comptroller or Auditor General . AUDITS PART I : FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A- 133 , as revised. 1 . In the event that the recipient expends $ 300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A- 133 , as revised . EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards , including Federal 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. 2 . In connection with the audit requirements addressed in Part I, paragraph 1 . , the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A- 133 , as revised . 3 . If the recipient expends less than $ 300 ,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A- 133 , as revised, is not required . In the event that the recipient expends less than $ 300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A- 133 , as revised, the cost of the audit must be paid from non-Federal resources (i . e . , the cost of such an audit must be paid from recipient resources 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 ://aspe. os . dhhs . gov/cfda. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Attachment E- 1 , DEP Agreement No . 98IR1 , Amendment No . 5 , Page 1 of 5 PART IL• 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 financial assistance 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 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 II , paragraph 1 , the recipient shall ensure that the audit complies with the requirements of Section 215 .97 (7) , Florida Statutes . This includes submission of a financial reporting package as defined by Section 215 . 97 (2) (d) , Florida Statutes , and Chapters 10. 550 (local governmental entities) or 10. 650 (nonprofit and for-profit organizations) , Rules of the Auditor General . 3 . If the recipient expends less than $ 300,000 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 $ 300 ,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 http :Hsun6 . dms . state . fl . us/fsaa/catalog . htm or the Governor's Office of Policy and Budget website located at http ://www. eog . state . fl . us/ for assistance . In addition to the above websites , the following websites may be accessed for information : Legislature's Website http ://www . leg . state .fl .us/, Governor's Website http ://www. flgov .com/, Department of Banking and Finance' s Website http ://www. dbf. state. fl . us/, and the Auditor General 's Website http ://www . state . fl . us/audgen. PART III : OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify 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( 7)(m), 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 of such additional audits. ) PART IV : REPORT SUBMISSION 1 . Copies of reporting packages 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 : A. The Department of Environmental Protection at the following address : Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road , MS40 Tallahassee, Florida 32399-2400 Attachment E- 1 , DEP Agreement No . 98IR1 , Amendment No. 5 , Page 2 of 5 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 . 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 the following address : Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399 -2400 3 . Copies of financial 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 : Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 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 : Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 5 . Any reports , management letters , or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A- 133 , Florida Statutes , or Chapters 10 . 550 (local government entities) or Chapter 10. 600 (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 . Attachment E- 1 , DEP Agreement No. 98IR1 , Amendment No . 5 , Page 3 of 5 ♦ • V PART V : RECORD RETENTION 1 . 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, Comptroller, 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, the Comptroller, or Auditor General 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- 1 , DEP Agreement No . 981R I , Amendment No. 5 , Page 4 of 5 a EXHIBIT 1 ' FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Funds Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal State Appropriation Program CFDA Category Number Federal Agency Number CFDA Title Funding Amount State Funds Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Funds for Federal Programs : Federal State Appropriation Program Category Number Federal Agency CFDA CFDA Title Funding Amount State Funds Awarded to the Recipient Pursuant to this Agreement Consist of the Follo ing Funds Subject of Section 215 . 97, F. S . : Catalog of State State Program Financial CSFA Title Number State Assistance Or State Appropriation Funding Source Fiscal Year Number Funding Source Description Funding Amount Category Original General Revenue 97-98 37 .003 Beach Erosion Control Program $ 1009000 088061 Agreement GAA Reference/Line Item 1273 Amendment General Revenue 98-99 37 .003 Beach Erosion Control Program $2059593 088061 No. 1 GAA Reference/Line Item 1358 Amendment Ecosystem Mgmt Trust Fund 99-00 37 .003 Beach Erosion Control Program $2299400 088061 No. 2 GAA Reference/Line Item 1239 Amendment Ecosystem Mgmt Trust Fund 00-01 37 .003 Beach Erosion Control Program $638,215 140126 No. 3 GAA Reference/Line Item 1573A Amendment Ecosystem Mgmt Trust Fund 01 -02 37.003 Beach Erosion Control Program $6,990,928 140126 No. 4 GAA Reference/Line Item 1724 Amendment Ecosystem Mgmt Trust Fund 02-03 37.003 Beach Erosion Control Program $312,094 140126 No. 5 GAA Reference/Line Item 1742 Amendment Ecosystem Mgmt Trust Fund 03 -04 37.003 Beach Erosion Control Program $ 191259000 140126 No. 5 GAA Reference/Line Item 1616A Total Award $9,601 ,230 , For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [http://asl2e.os .dhhs . gov/cfdal and/or the Florida Catalog of State Financial Assistance (CSFA) [http ://sun6 .dms.state.fl. us/l . The services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract. Attachment E- 1 , DEP Agreement No . 981R1 , Amendment No . 5 , Page 5 of 5