HomeMy WebLinkAbout2008-359,
AGREEMENT for BEACH DUNE RESTORATION
t l _ e'
a
�4A
THIS AGREEMENT for BEACH DUNE RESTORATION COST-SHARING
("Agreement") entered into this 4th day of Novarber , 2008 by and among INDIAN
RIVER COUNTY, a political subdivision of the State of Florida ("County"); Marbrisa
Homeowners Association, Inc., a not for profit corporation existing under the laws of the State
of Florida ("Marbrisa"); and Baytree Condominium Association, Inc, a not for profit
corporation existing under the laws of the State of Florida ("Baytree").
BACKGROUND RECITALS
A. Indian River County, local municipalities, and private property owners maintain
beach dune systems along the 22 miles of Indian River County Atlantic Ocean shoreline. As
a result of several Nor'easter storms in 2007, Indian River County received direct impacts
from Tropical Storm Noel causing localized beach erosion.
B. The beach dunes along the Baytree residential development, the Marbrisa
residential development, and Seagrape Trail Park Beach Access Area have experienced
severe erosion and are in need of sand restoration.
C. The Florida Department of Environmental Protection has entered into DEP
Agreement Number 071R2 (the "DEP Agreement"), attached hereto as Exhibit A and by this
reference made a part hereof. The DEP Agreement is a grant agreement for the Wabasso
Beach Restoration that has Indian River County as the local sponsor. As set forth in Table 1
of the DEP Agreement, the DEP has committed the sum of $567,607.89 ("DEP Funds") the
DEP funds represent a cost-sharing ratio of 50% of the total $1,135,215.78. The remaining
50% or $567,607.89 is to be funded by the County. The DEP Agreement is to provide
funding for dune restoration and maintenance of approximately 7.1 miles of Atlantic Shoreline
including the Atlantic shoreline fronting Wabasso Beach Park, Baytree, & Marbrisa
residential developments, and Sea Grape Trail ("Dune Project")
D. The DEP Agreement includes a separate line item to fund the dune restoration of
the portion of the Dune Project fronting the Baytree & Marbrisa residential developments'.
The County is required to be the local sponsor for the Baytree and Marbrisa residential
developments' portion of the Dune Project under the DEP Agreement. The estimated cost of
the Baytree & Marbrisa residential developments' dune project is herein defined as $351,806.
The local match is 50% or $175,903 of the project costs.
E. Under the DEP Agreement, Baytree and Marbrisa intend to restore approximately
2,000 feet of shoreline, on a proportionate basis, by paying all local Dune Project costs
associated to restore dunes within the project area.
F. Baytree and Marbrisa have retained a coastal engineering firm, and have caused
the design and permitting of the Dune Project by such coastal, engineering firm.
1
U
NOW THEREFORE, in consideration of the mutual covenants and promises herein
contained and other good and valuable consideration, and intending to be legally bound, the
County, Marbrisa, and Baytree agree as follows:
1. The background recitals are true and correct and form a material part of this
Agreement.
2. The County, in accordance with this Agreement, shall competitively bid, award,
and supervise the construction of the Dune Project, using the technical specifications
provided by the coastal engineering firm retained by Baytree and Marbrisa.
3. Baytree, Marbrisa, and the County each acknowledge. and agree that the Dune
Project includes: i) mobilization; ii) demobilization; iii) dune restoration; iv) beach tilling; v)
daily labor costs in connection with weight ticket collection; and vi) restoration of the
Seagrape Trail beach access back to pre -construction conditions, including, but not limited to,
the expenses associated with any restoration of vegetation and damages to the parking lot
incurred in connection with the Dune Project that are not repaired by the contractor for the
Dune Project. The estimated cost of the Dune Project is $351,806 Baytree and Marbrisa
agree to fund the County share equally and their respective shares of the costs of the Dune
Project are based on prorated shoreline foot frontage as follows: Baytree's share is
estimated to be $104,583.50 and Marbrisa's share is estimated to be $71,319.50. If the
actual costs of the Dune Project, while under construction, approach the foregoing estimates,
County staff along with the engineer retained by Baytree and Marbrisa, will discuss
construction alternatives to reduce project costs. Baytree and Marbrisa agree that any
reduction/addition to the prorated shares shall be adjusted based upon the following
calculation of each entity's shoreline foot frontage: 1200 ft. for Baytree and 800 ft. for
Marbrisa.
4. Baytree and Marbrisa shall be responsible for conducting any biological or physical
monitoring of the Dune Project required under FDEP permit No. IR -806
5. On or before January 15, 2009 Baytree and Marbrisa shall each tender a check
payable to the Indian River County Board of County Commissioners (in the amounts of
$104,583.50 from Baytree and $71,319.50 from Marbrisa) for the County to deposit into a
separate account of the Indian River County Board of County Commissioners for the Dune
Project. The parties acknowledge and agree that the aggregate amount of $351,806 is an
estimate of the Dune Project costs. In the event the Dune Project costs exceed $351,806, the
County shall promptly notify Baytree and Marbrisa and each shall tender a check payable to
the Indian River County Board of County Commissioners in an amount sufficient to cover the
additional costs within 10 business days. In the event the total Dune Project costs are less
than $351,806, the County shall refund the difference to Baytree and Marbrisa following final
payment to the contractor for the Dune Project.
6. Baytree and Marbrisa each acknowledge and agree that they shall each grant to
the County an access easement, in substantially the form set forth on Exhibit B attached
hereto and by this reference made a part hereof for purposes of the Dune Project.
P�
7. Each of Baytree and Marbrisa acknowledge and agree to require their coastal
engineering firm; a) sign the completion certificate that is required for final acceptance of the
Dune Project in a timely manner; b) promptly transmit the completed certificate of final
completion to the County's Project Manager; .and c) approve any and all contractor invoices
as required in connection with the Dune Project and promptly transmit the approved
contractor invoices to the County's Project Manager.
8. Any notice, request, demand, consent, approval or other communication required
or permitted by this Agreement shall be given or made in writing and shall be served, as
elected by -the party giving such notice, by any of the following methods: (1) Hand delivery to
the other party; or (2) Delivery by commercial overnight courier service; or (3) Mailed by
registered or certified mail (postage prepaid), return receipt requested at the addresses of the
parties shown below:
Indian River County:
Indian River County Public Works Department
Attn: Mr: James Gray, Jr.
4375 43rd Ave. Unit 102
Vero Beach, Florida 32967
Baytree Condominium Association, Inc.:
Attn: Mrs. Gayle LeGore
8384 Calamandren Way
Vero Beach, Florida 32963
Marbrisa Homeowners Association, Inc.;
Attn: Mr. Jerry Wilhelm, President
c/o Elliott Merrill Community Management
835 20th Place
Vero Beach, Florida 32960
9. The validity, interpretation, construction, and effect of this Agreement shall be in
accordance with and governed by the laws of the State of Florida, only. The location for
settlement of any and all claims, controversies, or disputes, arising out of or relating to any
part of this Agreement, or any breach hereof, as well as any litigation between the parties,
shall be Indian River County, Florida for claims brought in state court, and the Southern
District of Florida for those claims justiciable in federal court.
10. This Agreement incorporates and includes all prior and contemporaneous
negotiations, correspondence, conversations, agreements, and understandings applicable to
the matters contained herein and the parties agree that there are no commitments,
agreements, or understandings concerning the subject matter of this Agreement that are not
contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be
predicated upon any prior representations or agreements, whether oral or written. It is further
agreed that no modification, amendment or alteration in the terms and conditions contained
herein shall be effective unless contained in a written document signed by all parties.
3
11. If any term or provision of this Agreement or the application thereof to any person
or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this
Agreement, then the application of such term or provision to persons or circumstances other
than those as to which it is held invalid or unenforceable shall not be affected, and every
other term and provision of this Agreement shall be deemed valid and enforceable to the
extent permitted by law.
12. Captions in this Agreement are included for convenience only and are not to be
considered in any construction or interpretation of this Agreement or any of its provisions.
Unless the context indicates otherwise, words importing the singular number include the
plural number, and vice versa. Words of any gender include the correlative words of the
other genders, unless the sense indicates otherwise.
13. Each of Baytree and Marbrisa shall indemnify and save harmless the County, its
agents, officials, and employees from and against any and all claims, liabilities, losses,
damage, or causes of action which may arise from any misconduct, negligent act, or
omissions of either Baytree, Marbrisa or any of their respective agents, officers, or employees
in connection with the performance of this Agreement.
14. Baytree and Marbrisa each agree to comply with the provisions of Chapter 119,
Florida Statutes (Public Records Law) in connection with this Agreement.
15, This Agreement may be executed in any number of counterparts, each of which
shall be deemed an original and all of which shall constitute but one and the same document.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first written above.
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
Attest: J. K. Barton, Clerk
By. 0; � &k� f\ &'= -
(Seal) Deputy Clerk
(signatures continued
on next page)
Wesley S. Davis, Vice -Chairman
Date BCC approved: November .4, 2008.
APPROVED
Josep A. Baird,
Countv Administrator
Senior Assistant County Attorney
0
Attest:
c
By
Secretary (corp, seal)
Attest:
By 5 Wo
Secretary (corp. seal)
Title: 0 ► ��
Marbrisa Homeowners Association, Inc.
By: _
Title:
%*;zzftpr\d I ,Ii P,;
6kzfe CnL* v
C%
6ko)aA j tttd J,
oc,f�ouo� moo$ ,
NOTARY PIMLICGSTATE OF RORIDA
x ► Terry M. Calhoun
Comrmission #DD30825
Expires, tFB, 1$, 2009
Ron "led Thru A Ia.ncic Bonding f'o,, inc.
kv
R
R
Baytree Condominium Association, Inc.
Attest:
By:
By Title:
Secretary (corp. seal)
Att^c}•
am
Marbrisa Homeowners Association, Inc.
By:
TitlE
ban
� 5
G O 4t
7 l
I
1
r•
Cn
CA)
0
-n
Q
ti
I.,.....- •`-.! q. f ( 1. � ,
I
I
• � J
J�
W4* Gfl
[•�
r7O O
7G I
oQ_/
t U '
/ f
Li
LLI
Ln
�� of , \ � :�3 N"�i' ( � � � ... ` I � , ,. .-''•
11 4
�,,��" // rq-. � m t rr�'• +.:rte � � � !it V
O Or •.r•" ��/ ,r�•.y Yip 0 .� +r'.r '.ry E ri1.
...\to
4•a`�g8 t ,.••^ ':r" yi, o q p y Rq
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing
C) �-/\�
ASSOCIATION,
instrument was acknowledged before me this T1, day of
2008, by Jerry Wilhelm, President of MARBRISA HOMEOWNERS
INC., on behalf of same, and he is personally known to me or produced
as identification. _
Sign:
Notary Public
Printed/Stamped name & Commission #
NOTARY PUBLIC -STATE OFFLORIDA
•°"" Caryn H. Eichelberger
Commission # DD791201
.,,, ...' Expires: JULY 06, 2012
BONDED THRU ATLANTIC BONDING CU,, INC.
Instrument Prepared by
Marian E. Fell
Senior Assistant County Attorney
Indian River County
1840 25'x' Street
Vero Beach, FL 32960
3. Access. Grantee and its employees, contractors, subcontractors, agents, and
assigns shall have the right of ingress and egress over and across the Easement
Premises as is necessary for the use of any right granted herein during the term
of this Easement.
4. Repair of Damage. All areas within the Easement Premises disturbed by the
Grantee or its employees, contractors, subcontractors, agents, and assigns in
accomplishing the within -stated purpose will be restored to a state comparable to
that which existed at the commencement of such construction.
5. Reasonable Use. The Grantee agrees not to interfere unreasonably with the
Grantor's use of the Easement Premises,
6. Grantor's Obligations. Grantor agrees not to do or commit any acts which would
interfere with the rights granted to Grantee under this Easement, including,
without limitation, the following: removing any of the sand or native dune
vegetation currently in place or placed/planted by Grantee pursuant to this
Easement; or placing any other material or substance in or around the Easement
Premises that may have the effect of damaging the function or appearance of the
beach, dune, vegetation, or coastline.
7. Termination. All rights granted hereunder shall terminate on March 1, 2010,
without the necessity of any further instrument of record.
8. Covenants Run with the Land. The covenants, rights, restrictions, reservations,
and easement herein set forth are and shall run with the land.
And Grantor hereby covenants with said Grantee that it is lawfully seized of the
Easement Premises in fee simple, and that it has good right and lawful authority to
convey the Easement established hereby.
IN WITNESS WHEREOF the Grantor has herein set its hand and seal the day and year
first above written.
Signed, sealed, and delivered
in the presence of:
Sign
Printed Name:
Sign L. L�LL*- _ i 1, l'"Lzlr
Printed Name: All'!l ` / f �.cUc�Z �_
MARBRISA HOMEOWNERS
ASSOCIATION, INC.
20
Ihelm, President
TEMPORARY DUNE RESTORATION EASEMENT
This TEMPORARY DUNE RESTORATION EASEMENT ("Easement"), made and
executed this day of October, 2008, by MARBRISA HOMEOWNERS
ASSOCIATION, INC., a non-profit Florida corporation, whose address is C/O Elliott
Merrill Community Management, 835 201h Place, Vero Beach, FL 32960, hereinafter
called Grantor to Indian River County, a political subdivision of the State of Florida,
whose address is 1801 27th Street, Vero Beach, FL 32960, hereinafter called Grantee,
WITNESSETH:
That Grantor, for and in consideration of the sum of ONE DOLLAR and other good and
valuable consideration, receipt and sufficiency of which is hereby acknowledged, does
hereby grant unto the Grantee a TEMPORARY BEACH RESTORATION EASEMENT
on, over, across, and beneath the following described land, situate in Indian River
County, Florida, to -wit:
THE REAL PROPERTY DESCRIBED ON EXHIBIT "A" ATTACHED
HERETO AND MADE A PART HEREOF ("Easement Premises")
This is a nonexclusive Easement with Grantor reserving the right to continued free use
of the Easement Premises in a manner not inconsistent with the rights granted herein to
Grantee, subject to the following terms and conditions:
1. Not a Public Dedication. Nothing herein contained shall be deemed to be a gift
or dedication to or for the general public and this Easement shall be strictly
limited to and for the purposes expressed herein.
2. Use. The Easement may be used by Grantee, its employees, contractors,
subcontractors, agents, and assigns for the Grantee's beach restoration project
known as the Baytree, Marbrisa, and Seagrape Trail Dune Restoration Project
and shall include, without limitation, the right to use the Easement Premises for
constructing, enlarging, repairing, replacing, and maintaining the beach and
shoreline by filling with compatible sand, and for planting and maintaining native
dune vegetation.
PAGE INTENTIONALLY LEFT BLANK
.,
FjM1131T Wo PAGE 1
T
OiAAJ[i 7-nt:J� I
3. Access. Grantee and its employees, contractors, subcontractors, agents, and
assigns shall have the right of ingress and egress over and across the Easement
Premises as is necessary for the use of any right granted herein during the term
of this Easement.
4, Repair of Damage. All areas within the Easement Premises disturbed by the
Grantee or its employees, contractors, subcontractors, agents, and assigns in
accomplishing the within_stated purpose will be restored to a state comparable to
that which existed at the commencement of such construction.
5. Reasonable Use, The Grantee agrees not to interfere unreasonably with the
Grantor's use of the Easement Premises,
6. Grantor's Obligations. Grantor agrees not to do or commit any acts which would
interfere with the rights granted to Grantee under this Easement, including,
without limitation, the following: removing any of the sand or native dune
vegetation currently in place or placed/planted by Grantee pursuant to this
Easement; or placing any other material or substance in or around the Easement
Premises that may have the effect of damaging the function or appearance of the
beach, dune, vegetation, or coastline.
7. Termination. All rights granted hereunder shall terminate on March 1, 2010,
without the necessity of any further instrument of record,
S. Covenants Run with the Land. The covenants, rights, restrictions, reservations,
and easement herein set forth are and shall run with the land.
And Grantor hereby covenants with said Grantee that it is lawfully seized of the
Easement Premises in fee simple, and that it has good right and lawful authority to
convey the Easement established hereby.
IN WITNESS WHEREOF the Grantor has herein set its hand and seal the day and year
first above written.
Signed, sealed, and delivered
in the presence of:
Sign c} k.�s
Printed Name:
Sign (:;aud- .,
Printed Name.
BAYTREE CONDOMINIUM
ASSOCIATION, INC.
By ,A.O�t���--�----
Frank Baker, President
NOTARY nUB1.iC•S1ATk OF FLQIiJIDA
Terry M, k,':lhoa�n
Gori, , Ss'jn *' DD391825
FNAs,, r;,,B; 1S, 2009
TEMPORARY DUNE RESTORATION EASEMENT
This TEMPORARY DUNE RESTORATION EASEMENT ("Easement"), made and
executed this ZQ day of October, 2008, by BAYTREE CONDOMINIUM
ASSOCIATION, INC., a non-profit Florida corporation, whose address is 8400 North
A1A Vero Beach, FL 32963, hereinafter called Grantor to Indian River County, a political
subdivision of the State of Florida, whose address is 1801 27" Street, Vero Beach, FL
32960, hereinafter called, Grantee,
WITNESSETH:
That Grantor, for and in consideration of the sum of ONE DOLLAR and other good and
valuable consideration, receipt and sufficiency of which is hereby acknowledged, does
hereby grant unto the Grantee a TEMPORARY BEACH RESTORATION EASEMENT
on, over, across, and beneath the following described land, situate in Indian River
County, Florida, to -wit:
THE REAL PROPERTY DESCRIBED ON EXHIBIT "A" ATTACHED
HERETO AND MADE A PART HEREOF ("Easement Premises")
This is a nonexclusive Easement with Grantor reserving the right to continued free use
of the Easement Premises In a manner not inconsistent with the rights granted herein to
Grantee, subject to the following terms and conditions:
1. Not a Public Dedication. Nothing herein contained shall be deemed to be a gift
or dedication to or for the general public and this Easement shall be strictly
limited to and for the purposes expressed herein.
2. Use, The Easement may be used by Grantee, its employees, contractors,
subcontractors, agents, and assigns for the Grantee's beach restoration project
known as the Baytree, Marbrisa, and Seagrape Trail Dune Restoration Project
and shall include, without limitation, the right to use the Easement Premises for
constructing, enlarging, repairing, replacing, and maintaining the beach and
shoreline by filling with compatible sand, and for planting and maintaining native
dune vegetation.
PAGE INTENTIONALLY LEFT BLANK
EXHIBIT B
TEMPORARY BEACH ACCESS AGREEMENT
Baytree Condominium Association, Inc.
Marbrisa Homeowners Association, Inc.
FLORIDA DEPARTMENT OF ENVIRONNMNTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT - PART III
PROJECT PROGRESS REPORT
Name of Project WABASSO BEACH RESTORATION
Grantee: INDIAN RIVER COUNTY DEP Agreement Number: 07IIt2
Report Period:
Status of Eligible Project Items: (Describe progress accomplished during report period, including statements) 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 DESIGN AND PERMINTING
30 CONSTRUCTION
3.1 2007 EMERGENCY DUNE RESTORATION
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 07182, Attachment C, Page 3 of 3
b
Gn
H
h
H
ATTACHMENT C
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT — PART I
PAYMENT SUMMARY
Name of Project: WABASSO BEACH RESTORATION
Grantee: INDIAN RIVER COUNTY
Billing Number:
Costs Incurred This Payment Requests
Federal Share",
g
cif applicable
Cost Summary;
State Funds Obligated
Less Advance Pay
Less Previous Payment
Less Previous Retained
Less This Payment
Less This Retainage (10%)
State Funds Remaining
State Share
DEP Contract Number: 07LR2
Billing Period:
Billing Type: ❑ Interim Billing
Local Share Total
S
S
g
S
S
5
S
Local Funds Obligated
Less Advance Pay
Less Previous Credits
Less This Credit
Local Funds Remaining
❑ Final Billing
0
S
g
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
Name of Project Financial Officer
Signature of Project Administrator Date
Signature of Project Financial Officer Date
DEP Agreement No. 07IR2, Attachment C, Page ] of 3
i
ATTAC WENT B
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 Iieu of copies of actual checics. 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 agericies, and or contracts between universities may submit alternative documentation to
substantiate the reimbursement request that may be in the form of 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 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.
The Florida Department of Financial Services, Reference Guide to State Expenditures (January, 2005) can be found at the
following web address: ligp://www.fldfs.coni/aadir/reference%5F2uide/.
DEP Agreement No. 07182, Attachment B, Page 1 of l
zi
re
dd
r
O�
U
DIMtou
u L
N N
O
U
En
low
c
m ev'i
E �
O •
r J
_ to
47
.00 H a
a U
w
O •� C
p y to
d m
U u
m � E
G � �
u N
Ln
•o Q '�
C Cn u
aU�
E �-+
v U O
c d
p .w •hi
.hi
E `� w
i^ U
CLEC3
u R 7,
Q
�It
CL
� D
a •�
h a
—Utool
w
N a G
L CL
a
ymove
G U
eamu in
V a U
L
�s u
d � �
.Q
U
�. va c
b � .0
rn
4.1 7
4 Lam( 0 �U�y7
CL gPool to
!�
d
,L:
c
L:
O
.O
D
C• C]
E m
O
�U
�?
Vf
Q
N
V
C
Con
a
L
C.
w
o
CLU
L;
a
C
4
Szi
to
Q
w
.r
Ls,
a
aJ
Wool
O
cn
Lai
�
w
O
U
U)
bi
r
todo
L
�
V
U
aro
W
to
u
8
..,
N
w
a
'Q
A
4
U
n
H
n
r
a
0
a
a
U
Um
,
U �
u
C
a65
W
CJ
U4
.M
ti
'w
0
s
vi
¢U
Alf
a
CWJ
two
C
'O
a
w
4
-aa
cl
.G
p�
y
C
�
y7
a
Q3
yCI
F�
n
a tb
O
'L
I"
y o
•�
w
zi
re
dd
r
O�
U
DIMtou
u L
N N
O
U
En
low
c
m ev'i
E �
O •
r J
_ to
47
.00 H a
a U
w
O •� C
p y to
d m
U u
m � E
G � �
u N
Ln
•o Q '�
C Cn u
aU�
E �-+
v U O
c d
p .w •hi
.hi
E `� w
i^ U
CLEC3
u R 7,
Q
�It
CL
� D
a •�
h a
—Utool
w
N a G
L CL
a
ymove
G U
eamu in
V a U
L
�s u
d � �
.Q
U
�. va c
b � .0
rn
4.1 7
4 Lam( 0 �U�y7
CL gPool to
!�
d
,L:
C
L:
O
.O
D
C• C]
E m
O
r.0
�?
Vf
Q
N
V
Con
L
C.
w
o
CLU
a
C
Szi
to
Q
w
Ls,
N
a
cn
Lai
O
iSl
bi
r
L
�
V
o
aro
to
C
..,
N
w
a
'Q
A
�
U
n
H
r
a
0
U
W
u
C
a65
U4
ti
0
s
a
¢U
CWJ
U
.es
w
4
.G
C
�
G
a
Q3
W
O
'L
O
•�
.°
•„1
w
LYJ
a
L
O
J
•r
Oi..
bb0
V
ami
�wP:z
zi
re
dd
r
O�
U
DIMtou
u L
N N
O
U
En
low
c
m ev'i
E �
O •
r J
_ to
47
.00 H a
a U
w
O •� C
p y to
d m
U u
m � E
G � �
u N
Ln
•o Q '�
C Cn u
aU�
E �-+
v U O
c d
p .w •hi
.hi
E `� w
i^ U
CLEC3
u R 7,
Q
�It
CL
� D
a •�
h a
—Utool
w
N a G
L CL
a
ymove
G U
eamu in
V a U
L
�s u
d � �
.Q
U
�. va c
b � .0
rn
4.1 7
4 Lam( 0 �U�y7
CL gPool to
!�
d
,L:
L:
D
O
�?
N
Con
CLU
GU
Q
cn
iSl
r
L
�
o
aro
to
..,
N
r
u
a65
U4
0
CWJ
4
.G
C
�
G
O
'L
•„1
'v
LYJ
J
•r
4'
^O,
V
w
O
U
c
UNow
Ln
m
il
a
OC
bo
Cd
V
lime
'b
a
wot9
G7
V
6"
G
v
•fi!
FQ
Q
c
0
u
44
�M
v
E
o
mor
iz
`^
�r
c
1
>NO
m
o
todm
...
c
G
y
And
1
a
two
r
'°
°u
E
w
3
IZ,
r
w
V
azo
p
zi
re
dd
r
O�
U
DIMtou
u L
N N
O
U
En
low
c
m ev'i
E �
O •
r J
_ to
47
.00 H a
a U
w
O •� C
p y to
d m
U u
m � E
G � �
u N
Ln
•o Q '�
C Cn u
aU�
E �-+
v U O
c d
p .w •hi
.hi
E `� w
i^ U
CLEC3
u R 7,
Q
�It
CL
� D
a •�
h a
—Utool
w
N a G
L CL
a
ymove
G U
eamu in
V a U
L
�s u
d � �
.Q
U
�. va c
b � .0
rn
4.1 7
4 Lam( 0 �U�y7
CL gPool to
!�
d
,L:
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
2600 Blair Stone Road
Tallahassee, Florida 32399-2100
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 ONM
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 worldng 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 extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANIt
DEP Agreement No. 07M), Attachment E, Page 4 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
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Federal Audit Clearinghouse designated in OMB Circular Am133, 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
I201 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 at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
3. Copies of financial reporting packages required by PART 11 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
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Auditor Geoeral.'s Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
I 11 West Madison Street
Tallahassee, Florida 32399-1450
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.
DEP Agreement No. 07120, Attachment E, Page 3 of 5
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 21n.97(;)(m), Florida Statutes,
I. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of
5500,000 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 Departmeni
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 no entiry 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 215.970), 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 $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 5500,000 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 nou-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).
5. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at https:Happs.fldfs.com/fsaa/ or the Governor's Office
of Policy and Budget website located at httn://Nvivw.ebud2eLstate.fl.usl for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website
http:/hvww,lee.state.fl.us/Welcome/index.cfm Governor's Website http://www.myflorida.com!
Department of Financial Services' Website htW://www.fldfs.com/ and the Auditor General's Website
hM2:Hww%v.state.1l.us/audeen/pnees/flsna.litm,
PART III, OTHER AUDIT REQUMEM E, NTS
(NOTE. This part would be used to specify any additional audit requirements imposed by the State mvarding entity
that are solely a matter of that State mvarding 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)(in), Florida
Statutes, State agencies may conduct or arrange far audits of State financial assistance that are in addition to audits
conducted In accordance tvith Section 215.97, Florida Statutes. In such an event, the State envarding agency must
arrange for funding the frill 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 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. 07182, Attachment E. Page 2 of 5
ATTACHMENT E
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which Picot be referred to
as the "Department", "DEP", 7DEP" or "Grantor", or olher name for the contractlagreement) to the recipient
(which may be referred to as the "Contractor'; Grantee" or other name in the contractlagreemenl) may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attaclunent.
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 Chlef Financial Officer 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 Circulnr A433, as revised.
1. In the event that the recipient exTends 5500,000 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. EMBIT I to this Agreement indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining die 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 A433,
as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1., die 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 $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with We provisions of OMB Circular A-133, as revised, is not required, In the event that the
recipient expends less than 5500,000 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 httti://12,46 245.173/efdo/cfda.htmi.
DEP Agreement No. 07IM), Attachment E, Page 1 of 5
ATTACHME E NT D
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
PROJECT COMPLETION CERTIFICATION
Name of Project: WABASSO BEACH RESTORATION
Grantee: INDIAN RIVER COUNTY
DEP 'Agreement Number: 07IR2
*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. 07IR2, Attachment D, Page I of I
EXHIBIT A
FDEP Grant Agreement No. 07I112
DEP AGREEMENT No: 07182
FLORIDA DEPARTMENT OF EWIRONNIENTAL PROTECTION
BUREAU OF BEACHES AND COASTAL SYSTEMS
BEACH MAINTAGEMENT FUNDING ASSISTANCE PROGRAM
STATE OF FLORIDA
GRANT AGREEMENT FOR
WABASSO BEACH RESTORATION
THIS AGREEMENT 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 INDIAN RIVER COUNTY, whose address is 1840 25'
Street, Vero Beach, Florida, 32960, a local government, (hereinafter referred to as the "LOCAs, SPONSOR"),
for the project described herein.
1A'HEREAS, 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 bas 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:
1. The DEPARTMENT does hereby retain the LOCAL SPONSOR to implement the beach erasion control
project known as the WABASSO BEACH RESTORATION, (hereafter referred to as the
PROJECT), as defined in Attachment A (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
the terms "Grantee", "Recipient" and "Local Sponsor" are used interchangeably.
2. This Agreement shall begin on the last date executed and end December 31, 20I0. Pursuant to Section
161.101 (18), Florida Statutes, work conducted on this project by the LOCAL SPONSOR or its
subcontractor beginning on or after December I, 2007, 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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANIC
DEP Agreement No, D7EZ2, Page 1 of 8
5. The LOCAL SPONSOR shall implement the PROJECT and complete said PROJECT upon the tens
and conditions set forth in this Agreement and future requisite authorizations and environmental
permits. The PROJECT consists of the restoration and maintenance of approximately 7.1 miles of
Atlantic shoreline between FDEP Reference Monuments R17 and R5 I. In addition, the project includes
emergency dune restoration for Wabasso Beach Park, Baytree, Marbrisa and Sea Grape trail. 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 I 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.
7, The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are
identified in Table 1 below:
ii
Task # Eligible Project Items Estimated Project Costs
Federal DEP Local Total
2.0 Design and Permitin
2.1 Design and Permitin $0 $3422607.89 $342,607.89 $685,215.78
3.0 Construction
2007 Emergency Dune
3.1 Restoration $0$225,000.00 $225,000.00 $4503000.00
TOTAL PROJECT
COSTS $0 5567,607.89 $567,607.89 5111353215.78
8. The DEPARTMENT has determined that 100 percent of the PROJECT cost is eligible for state cost
sharing. Therefore, the DEPARTMENTS financial obligation shall not exceed the sum of $5672607.89
for this PROJECT or up to 50 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 which exceed the estimated project costs for that item shall be the responsibility of the LOCAL
SPONSOR. Any modifications to the esfimated`TOTAL PROJECT COSTS shall be provided through
formal amendment to this Agreement.
l0. The LOCAL SPONSOR shall perform as an independent contractor and not as an agent, representative,
or employee of the DEPARTMENT,
11. Paragraph intentionally left blank,
12, Paragraph intentionally left blank.
DEP Agreement No. 07IR2, Page 2 of 8
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 B (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 http://Nvivw.fldfs.com/andir/reference°/o5Fguide. The LOCAL SPONSOR shall submit
a request for reimbursement of funds on the forms provided as Attachment C (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 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,wbich 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 (3 0) 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 Agreement C, 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 (3 0) 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.
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 D (Completion Certification). A final project
certification inspection will be made by the DEPARTMENT within 60 days after the PROJECT is
certified complete by the LOCAL SPONSOR
DEP Agreement No. 07IR2, Page 3 of 8
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 Jonathan Gorham, Phone: 772/567-5000.
The DEPARTMENT's Project Manager for all technical matters is Brian Taylor, Phone: 850/922.7737
and the DEPAATMENT'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:
LOCAL SPONSOR DEPARTMEN'
Jonathan Gorham Dena VanLandingbam, Grants Program Administrator
Indian River County Department of Environmental Protection
1840 25"' Street Bureau of Beaches and Coastal Systems
Vero Beach, FL 32960 3900 Commonwealth Blvd,, MS 300
(772) 5674000 Tallahassee, Florida 32399-3000
(850)922-7711
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 E (Special Audit
Requirements), attached hereto and made a part hereof. Exhibit 1 to Attachment E
summarizes the funding sources supporting the Agreement for purposes of assisting the LOCAL
SPONSOR in complying with the requirements of Attachment E. 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 typq of financial assistance (federal
and/or state) identified in Attachment E, 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:
Mips://apps.fldfs.com/fsaa
The LOCAL SPONSOR should confer with its chief financial officer, 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.
Z8. 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.
29. No delay or failure to exercise any right, power or remedy accruing to either parry upon breach or
default by either party under this Agreement, shall impair aay 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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 07IR2, Page 5 of 8
30. To the extent required by law, the LOCAL SPONSOR wiII 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 wort: 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.
H. 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, O- ice of Supplier Diversity at (850) 457-0915.
C. The DEPARTMENT supports diversity in its procurement program and requests that all
subcontTacting 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 Iiable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the
LOCAL SPONSOR shall Oe 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 Iimits established in Section 112.061, F.S.
35. 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.
DEP Agreement No. 071R2, Page 6 of 8
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 in 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 which 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, strtkke, lockout, or other industrial disturbance, act of the public enemy, war, blockade, public riot,
lightning, fine, 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 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. 07IR2, Page 7 of 8
IN "WITNESS *WHEEREOF, the parties have caused these presents to be duly executed, the day and year
last written below.
INDIAN RIVER COUNTY
By
Tit
Sandra L. Bowden, C'hflitman
FEID No.59-6000674
APPROVED
epn A. Baird
my Administrator
APPROVED AS TO FORM
ANDe4GAL,SUFFICIENCY
0' " MARIAI
ASSISTANT CO
NEY
FLORIDA DEPARTMENT OF
ENVIRONIVIENTAL PROTECTION
Date:
DEP Grant Program
APPROVED as to form and legality:
DEP Attorney
*If someone other than the Commission Chair signs this Agreement, a resoMon, 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 (1 page)
Attachment B Contract Payment Requirements (l page)
Attachment C Request For Payment (3 pages)
Attachment D Project Completion Certification (1 page)
Attachment E Special Audit Requirements (S pages)
DEP Agreement No. 07182, Page 8 of 8
ATTACIGAENT A
PROJECT WORKPLAN
WABASSO BEACH RESTORATION
The PROJECT consists of the restoration and maintenance of approximately 7.1 miles of Atlantic shoreline between
FDEP Reference Monuments R17 and R51. In addition, the project includes emergency dune restoration for Wabasso
Beach Park, Baytree, Marbrisa and Sea Grape trail. The PROJECT shall be conducted in accordance with dhe 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 Worlc for an eligible PROJECT item. These plans may
be found at http://tvww.dep.state.fl.us/beaclies/. 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.
Taslc 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 Design and Permitting
Coastal Technology Corporation, Inc. has been retained by Indian River County to conduct design and
permitting activities associated with the Wabasso Beach Restoration Project. Tasks included as part of the
design and permitting efforts include the following; Plan Formulation, Design, Permit Application, FDEP
Permit Processing, USACE Permit Processing and NEPA Compliance and Project Administration and
Coordination, engineering and geological analyses, controlled aerial photography, biological mapping and
characterization, turtle abundance and QA/QC coordination of investigations. Total cost for the described
tasks is $1,429,545.00. The described activity costs are shared and conducted in concert with contract 071R1,
3.0 Construction
3.12007 Emergency Dune Restoration
Work performed and costs incurred associated with the design, permitting and placement of fill material
within the project area. Eligible costs may include mobilization, demobilization, construction observation or
inspection services and beach fill. Construction shall be conducted in accordance with any and all permits
issued by the Department. Total cost for the described services is $450,000,00. The scope of work was
approved on November 30, 2007.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 07IR2, Attachment A. Page 1 of 1