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Home My WebLink About2007-199 G •i9o7 20)119 AMENDMENT No : 3 DEP AGREEMENT No : H5IR1 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF BEACHES AND COASTAL SYSTEMS HURRICANE RECOVERY PLAN STATE OF FLORIDA AMENDMENT TO GRANT AGREEMENT FOR INDIAN RIVER COUNTY DUNE RESTORATION PROJECT THIS AGREEMENT as entered into on the 15th day of March, 2005 , amended on the 9b day of August, 2005 , and on the 4`h day of April, 2006, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT") and INDIAN RIVER COUNTY, a local government, (hereinafter referred to as the "LOCAL SPONSOR") is hereby amended as follows: • Paragraphs 2, 5, 6, 7 and 18 are hereby revised to read as follows: 2 . This Agreement shall begin on the last date executed and end on December 31 , 2008. Pursuant to Section 161 . 101 ( 18), Florida Statutes, work conducted on this PROJECT by the LOCAL SPONSOR or its subcontractor beginning on or after February 1 , 2005 , shall be eligible for cost sharing by 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 dune restoration at North Indian River County (R17-R70), Vero Beach (R70-R86), South Indian River County (RI00-R107), and beach restoration activities along the segment of shoreline known as Sector 7 (R-97 +700 —R- 108). The parties expressly agree that the provisions of this paragraph shall survive and be enforceable beyond the expiration of this Agreement. The LOCAL SPONSOR shall develop a detailed Scope of Work for the PROJECT. 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 approval of the Scope of Work must be obtained from the Department' s Project Manager prior to initiating work. 6. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are identified in Table 1 below: Table 1 : Estimated Project Costs Task # Eligible Project ITEM IState Local ITotal 2 .0 Dune Restoration $5 850 703 $585 070 $69435,773 3 .0 Sand Placement 3 . 1 Sector 7 Beach Restoration $6,179,297 $617,930 $6,7979227 TOTAL PROJECT COSTS $ 12,0309000 $ 19203,000 $ 13 ,2339000 7. A. The DEPARTMENT's financial obligation shall not exceed the sum of $ 12,030,000 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. DEP Agreement No. H5I111 , Amendment No. 3, Page 1 of 3 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. 18 . The LOCAL SPONSOR' S Project Manager for all matters is Jonathan C . Gorham, Phone: 772/567-8000 ext. 1568 . The DEPARTMENT's Project Manager for all technical matters is Brian Taylor, Phone : 850/922-7737, 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. • All references to Attachment A- 1 are hereby deleted and replaced with references to Attachment A-2 . • Attachment A- 1 is hereby deleted in its entirety. • Attachment A-2 as attached hereto is hereby added to the Agreement. • Exhibit 1 to Attachment G is hereby deleted in its entirety and replaced with Exhibit IA, attached hereto and made a part hereof. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. H5IR1 , Amendment No. 3 , Page 2 of 3 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 B itic: �omt h , ton Chair Secretary or designee Datar . ,Bina= 19 7007 Date: (:yvae 4 207 FMD No. 59 - 6000674 \ \ DEP Grant Program Administrator CouniY Adm 4ratar APPROVED as to form and legality: A PR V €t? AS To FORM PiTA St1FFIC Y7 � DEP Attorney P E . FELL ((( OUN7Y 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-2 Project Work Plan ( 1 page) Attachment G Exhibit 1 A (Page 5 of 5 ) DEP Agreement No. H5IR1 , Amendment No . 3 , Page 3 of 3 ATTACHMENT A-2 PROJECT WORK PLAN INDIAN RIVER COUNTY DUNE RESTORATION PROJECT The PROJECT consists of dune restoration at North Indian River County (R17- R70), Vero Beach (R70-R86), South Indian River County (R100-R107), and beach restoration activities along the segment of shoreline known as Sector 7 (R- 97 +700 —R- 108). The parties expressly agree that the provisions of this paragraph shall survive and be enforceable beyond the expiration of this Agreement. 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 : 2.0 Dune Restoration Work performed and costs incurred associated with the design, permitting and placement of fill material and installation of vegetation within the project area. Eligible costs may include mobilization, demobilization, construction observation or inspection services, beach fill, dune stabilization measures and native beach-dune vegetation. Construction shall be conducted in accordance with any and all permits issued by the Department. 3.0 Sand Placement Work performed and costs incurred associated with the placement of fill material within the defined project boundaries (R-97 +700 —R- 108). Eligible costs may include mobilization, demobilization, construction observation or inspection services, beach fill, dune stabilization measures and native beach-dune vegetation . Construction shall be conducted in accordance with any and all permits issued by the Department. 3.1 Sector 7 Beach Restoration 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. 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. 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. DEP Agreement No. H5IR1 , Amendment No. 3 , Attachment A-2 Page 1 of I EXHIBIT lA FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST' OF THE FOLLOWING: F ces Awarded to the Reci ient Pursuant to this A reement Consist of the Followin : State CFDA Appropriation Federal Agency Number CFDA Title Funding Amount Category State Resources Awarded to the Recipient Pursuant to this Agree ent Consist of the FollowingMatchingResources for Federal Programs: Federal State Program Appropriation Number Federal Agency CFDA CFDA Title Funding Amount Category State Resources Awarded to the Recipient Pursuant to this Agree ent Consist of the Following Resources Subject to Section 215.97, F.S.: State Program CSFA Title State Number State CSFA or Appropriation Funding Source Fiscal Year Number Funding Source Description Funding Amount Category Original Chapter 2004-475, Laws of 2004-2005 37.065 2004 Hurricane Recovery Grant Program $ 10,030,000 149930 Contract Florida Section 3(2)) Amendment Chapter 2006-25, Laws of 2006-2007 37.065 2004 Hurricane Recovery Grant Program $2,000,000 140126 No. 3 Florida (Section 30) Total Award $ 12,0301000 r•" ' For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [http://12 .46.245 . 173/cfda/cfda.html] and/or the Florida Catalog of State Financial Assistance (CSFA) [http ://state.fl .us/fsaa/catalog] . 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. DEP Agreement No. H51R 1 , Amendment No. 3 , Attachment G. Exhibit 1 A, Page 5 of 5