HomeMy WebLinkAbout2005-269 SCID
AMENDMENT No : 1
DEP AGREEMENT No : 115I111
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 DUNE RESTORATION PROJECT
THIS AGREEMENT as entered into on the 15 "' day of March, 2005 , between the FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT" )
and the INDIAN RIVER COUNTY, a local government, (hereinafter referred to as the " LOCAL SPONSOR" ) is
hereby amended as follows :
• Paragraphs 7 and 9 are hereby revised to read as follows :
7 . A . The DEPARTMENT's financial obligation shall not exceed the sum of $ 10 ,030 ,000 for this
PROJECT or up to 90 . 91 percent of the non-federal PROJECT cost, if applicable, whichever is
less . The LOCAL SPONSOR agrees that any costs which exceed the estimated PROJECT
costs 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.
B . LOCAL SPONSOR shall provide the local match required by Section 3 of Chapter 2004-475 ,
Laws of Florida, unless such matching requirement is waived or reduced by the Executive
Office of the Governor pursuant to the provisions of Chapter 2004-475 , Laws of Florida .
LOCAL SPONSOR shall document to the DEPARTMENT any matching funds waiver or
reduction upon receipt from the Executive Office of the Governor, unless such waiver has been
obtained through the DEPARTMENT .
C . The DEPARTMENT shall authorize payments in the amount of 90 . 91 percent of total eligible
project costs, subject to the funding limits established herein, on a per invoice basis . If the
LOCAL SPONSOR ' s required match percentage (amount) is reduced or waived in its entirety,
the payment percentage amount for all eligible costs shall be adjusted accordingly.
9 . The DEPARTMENT encourages the LOCAL SPONSOR to develop a management plan for the
purposes of assessing the condition of and maintaining the project. The management plan should meet
the criteria established by FEMA to qualify for Public Assistance funding under Category G : Permanent
Work, as an Improved Beach . Maintenance activities undertaken subsequent to construction of the
PROJECT shall be eligible for future state cost share consideration under the Florida Beach
Management Funding Assistance Program, pursuant to Rule 62B -36, Florida Administrative Code,
provided a management plan has been reviewed and approved by the DEPARTMENT . 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 . H5IR1 , Amendment No . 1 , P age 1 of 2
M A
In all other respects , the Agreement of which this is an Amendment and attachments relative thereto shall remain
in full force effect.
IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed, the day and year last
written below.
INDIAN RIVER COUNTY FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
Y
CLOA
Title : * CorkffhissionZ\ hjin v Secretary or designee
Thomas S , Lowther
Date : klg'ust 99 20[x: Date : 9 2005
SIP
FEID No . 59 `6pd$A,f>a7�1 �� �� � '
LQ.,...c....
� °'^
APPROVED :
DEP Grant Program Administrato
Co "y Adm istrator APPROVED as to form and legality :
g h':
PPROVED AS TO FORM
A E SUFFICIENCY
-
M R I D P Attorne
loe
ASSISTANT COUNTY ATTORNEY Y
*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 .
DEP Agreement No . H5IR1 , Amendment No . 1 , P age 2 of 2