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Home My WebLink About2005-309 DS� o � AMENDMENT No : 7 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 28th day of August, 1998 , and amended on the 12th day of May, 1999 , the 3rd day of November, 1999 , the 22"d day of February, 2001 , the 19th day of March, 2002 , the 6th day of January, 2004, and on the 180' day of January, 2005 , 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 25th Street, Vero Beach, FL 32960 , a local government, (hereinafter referred to as the " LOCAL SPONSOR" ) is hereby amended as follows : • Paragraphs 6 , 7 , 17 and 20 are hereby revised to read as follows : 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 Pro ' ect Costs Federal State Local Total 1 .0 Feasiblity Study 1 . 1 Environmental Assessment (50%) $0 $ 1195504 $ 1195504 $2399008 1 . 2 Sand Search Investigation (50%) $0 $ 1023176 $ 1025176 $204 , 352 1 . 3 Pre-engineering (50%) $0 $491601 $495601 $ 999202 Subtotal $0 $2719281 $2719281 $5429562 2 .0 Design and Permitting 2 . 1 lBeach Restoration (50%) $0 $4225341 $4225341 $ 8443682 2 . 2 Habitat Conservation Plan (75 %) $0 $ 1209025 $40, 008 $ 1601033 2 . 3 Mitigation Reef (50%) $0 $39 , 254 $399254 $ 78 , 508 Subtotal $0 $5819620 $5019603 $ 190839223 3 .0 Construction 3 . 1 Beach Construction (79 . 06°/x) $0 $ 73224, 155 $ 1 , 913 ,405 $ 9 , 1375560 3 . 2 Mitigation Reef (73 . 65 %) $0 $297469040 $ 982 ,460 $ 35728 , 500 Subtotal $0 $999709195 $29895,865 $ 1298669060 4.0 Monitoring 4 . 1 Beach Monitoring (50%) $0 $2751000 $2755000 $ 550 ,000 4 . 2 Mitigation Reef (50%) $0 $259000 $253000 $505000 Subtotal $0 $3009000 $3009000 $6009000 TOTAL PROJECT COSTS $0 $ 119123,096 $399689749 $ 1511091 ,845 DEP Agreement No . 981R1 , Amendment No . 7 , Page 1 of 3 7 . The DEPARTMENT ' s financial obligation shall not exceed the sum of $ 11 , 123 ,096 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 . 1 , 1 . 2 , 1 . 3 , 2 . 1 , 2 . 3 , 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 the DEPARTMENT ' s share shall not exceed 79 . 06 percent of the non-federal share, if applicable, whichever is less ; and for Task 3 . 2 the DEPARTMENT ' s share shall not exceed 73 . 65 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 . 17 . The LOCAL SPONSOR Is Project Manager for all matters is Jonathan Gorham, Phone : 772/567 -8000 ext. 568 . The DEPARTMENT's Project Manager for all technical matters is Bryan Taylor, Phone : 850/922 -7866, 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 . Any and all notices shall be delivered to the parties at the following addresses : LOCAL SPONSOR DEPARTMENT Jonathan Gorham Dena VanLandingham, Grants Program Administrator Indian River County Public Works Department of Environmental Protection 1840 25th Street Bureau of Beaches and Coastal Systems Vero Beach, FL 32960 3900 Commonwealth Blvd. , MS 300 772 -567 -8000 ext. 568 Tallahassee, Florida 32399-3000 ( 850) 922 -7711 • All references to Attachment C -2 is hereby deleted and replaced with references to Attachment C-3 . • Attachment C -2 is hereby deleted in their entirety. • Attachment C-3 as attached hereto is hereby added to the Agreement. • In accordance with Paragraph No. 23 , a revised copy of Exhibit 1 to Attachment E - 1 is herein provided to identify the additional funds included under this Agreement. • Exhibit 1 to Attachment E- 1 is hereby deleted in its entirety and replaced with Exhibit 1 (Revised), attached hereto and made a part hereof. 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 . 981R1 , Amendment No . 7 , 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 r BY; ��, �'" By : MA *C& ty 'bmmission Chair— Secretary or designee Thorns . Lowther i { l 17ate . f Septembe ) 13 , 2005 Date : VE5.9 -6000674 T7r' (PROVED • DEP Grant Program Administr for ; —A nd nistrator APPROVED as to form and legality : APPROVED AS TO FORM LE ALS FFI `IENCY DEP Attorney L dr A TANT COUNTY ATTORNEY * 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 C -3 Request For Payment (4 pages) Attachment E- 1 Exhibit 1 (Revised) (Page 5 of 5 ) DEP Agreement No . 98IR1 , Amendment No . 7, Page 3 of 3 ATTACHMENT C-3 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: 98IR1 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-3 , DEP Agreement No . 98181 , Amendment No . 7 , 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: 98IR1 Billing Number : Billing Period : Summary of Invoices : Task Date of Invoice Amount of No ./ 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-3 , DEP Agreement No . 981R1 , Amendment No . 7 , 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 : 981R1 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 2 . 3 Mitigation Reef Attachment C -3 , DEP Agreement No . 98IR1 , Amendment No . 7 , Page 3 of 5 3 .0 CONSTRUCTION 3 . 1 Beach Construction 32 Mitigation Reef 4 . 0 MONITORING 4 . 1 Beach Monitoring 4 . 2 Mitigation Reef REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Attachment C -3 , DEP Agreement No . 981R1 , Amendment No . 7 , Page 4 of 5 J 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 PROJECT Grantee : INDIAN RIVER COUNTY DEP Contract Number: 98IR1 Report Period : Project Expenditures Costs Incurred Costs Incurred Total Funds Task Eligible Project Items This Report Period to Date Obligated No . Feasibility Study $ $ $ 542 , 562 Design and Permitting $ $ $ 1 ,0835223 Construction $ $ $ 125866 ,060 Monitoring $ $ $6005000 TOTAL $ 155091 , 845 Attachment C-3 , DEP Agreement No . 98IR1 , Amendment No . 7 , Page 5 of 5 EXHIBIT — 1 (Revised) FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal State Program CFDA Appropriation Number Federal Agency Number CFDA Title Funding Amount Category State Resources Awarded to the Recipient Pursuant to this Agree ent Consist of the Following Matching Resources 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 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 $205,593 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 $61990,928 140126 No. 4 GAA Reference/Line Item 1724 Amendment Ecosystem Mgmt Trust Fund 02-03 37 .003 BeaEErosion ontrol Program $3129094 140126 No. 5 GAA Reference/Line Item 1742 Amendment Ecosystem Mgmt Trust Fund 03 -04 37.003 Beaontrol Program $ 191259000 140126 No. 5 GAA Reference/Line Item 1616A Amendment Ecosystem Mgmt Trust Fund 04/05 37 .003 Beach Erosion Control Program $ 1 ,5219866 140126 No. 7 1 GAA Reference/Line Item 1696 Total Award $ 119123 ,096 For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [http :// l2 .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. Attachment E- 1 , Exhibit 1 (Revised) , DEP Agreement No . 98181 , Amendment No . 7, Page 5 of 5