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Home My WebLink About2008-357aoos- �s7 STATE FINANCIAL ASSISTANCE AGREEMENT DEP AGREEMENT NO, LP6734 INDIAN RIVER COUNTY AMENDMENT NO. 1 THIS AGREEMENT as entered into on the 31" day of August, 2006, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department") and INDIAN RIVER COUNTY (hereinafter referred to as the "Grantee" or "Recipient") is hereby amended. WHEREAS, due to a change in budget; and, WHEREAS, the Grantee has requested an extension of the term of the Agreement in order to complete the project as planned; and, WHEREAS, it has been determined that an extension of time to complete the project would be in the best interest of the State; and, WHEREAS, the Grantee understands that certification forward of State Fiscal Year 006-2007 funds supporting this Amendment beyond June 30`h of each year is subject to the approval of the Governor's Office; and, WHEREAS, the Grantee has requested an end date that extends beyond the current authorized funding period; and, WHEREAS, the Grantee understands that if the Governor's Office does not approve the Department's request to certify the funds forward, the Grantee will not be eligible for reimbursement for the activities covered by the remaining unpaid State Fiscal Year 2006-2007 funds; and, WHEREAS, additional changes to the Agreement are necessary. NOW, THEREFORE, the parties hereto agree as follows: I. Section 2. is hereby revised to change the completion date of the Agreement from January 31, 2009, to January 31, 2010, and to include the following language as a separate paragraph. The Grantee understands and agrees that certification forward of the State Fiscal Year 2006-2007 funds supporting this Agreement beyond June 30`h of each year is subject to the approval of the Governor's Office, 2. Section 3. is amended to include the following paragraph. Written approval from the Department's Grant Manager shall be required for changes between budget categories up to 10% of the total budget. The DEP Grant Manager will transmit a copy of the written approval and revised budget to the DEP Contracts Disbursements Office for inclusion in the Agreement file. Changes greater than 10% will require a formal amendment to the Agreement. 3, Section 5. is hereby deleted in its entirety and replaced with the following; Progress Reports (Attachment C) shall be submitted describing the work performed, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. Progress reports shall be submitted in conjunction with the Disbursement Request Package, described in paragraph 3.13. If advance payment is authorized, the Grantee shall report (and document as required under paragraph 3 and on the Advanced Payment — Interest Earned Memorandum, Attachment E) the amount of funds expended during the reporting period, the Agreement expenditures to date, interest earned during the quarter and clearly indicate the method for repayment of the interest to the Department (see paragraph 15). It is understood and agreed by the parties that the term "reporting period" reflects the period of time for which the invoices submitted in the DEP Agreement No. LP6734, Amendment No. 1, Page 1 of 3 Disbursement Request Package are covered. The Department's Grant Manager shall have ten (10) calendar days to review deliverables submitted by the Grantee. 4. Attachment A, Project Work Plan, is hereby amended to include Attachment A-1, Revised Project Work Plan, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment A, Project Work Plan, shall hereinafter refer to Attachment A, Project Work Plan, and Attachment A-1, Revised Project Work Plan. 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. LP6734, Amendment No. 1, Page 2 of 3 This Amendment I to State Financial Assistance Agreement LP6734 shall be executed in two or more counterparts, either of which shall be regarded as an original and all of which constitute but one and the same instrument. IN WITNESS WHEREOF, the Department has caused this amendment to the State Financial Assistance Agreement to be executed on its behalf by the Deputy Director of the Department and the Grantee has caused this amendment to be executed on its behalf by its Authorized Representative. The effective date of this amendment shall be as set forth below by the Deputy Director of the Department of Environmental Protection, Division of Water Resource Management. INDIAN RIVER COUNTY Date: ' Vovea r 4, 2008 a 4 ^raungy� Admin APPROVED AS TO FORM ANQIXISAL StlFcirt NCY MAP ISTANT E. FELL NTY ATTGPINIV FLORIDA DEPARTMENT OF ENVIRONME TAL PROTECTION By: 6e�� Deputy Director Division of Water Resource Management Date: NOV 2 1209 I r 1 Tommy Willifnis, DEP Grant Manager *For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Amendment, a resolution, statement or other document authorizing that person to sign the Amendment on behalf of the Grantee must accompany the Amendment. List of attachments/exhibits included as part of this Amendment: Specify Type Letter/Number Description (include number of pages) Attachment A-1 Revised Project Work Plan (2 pages) DEP Agreement No. LP6734, Amendment No. 1, Page 3 of 3 ATTACHMENT A - C pBSej PROJECT WORK PLAN Please complete this form with as much detail as possible 1. GRANTEEIPROJECT INFORMATION: Grantee: INDIAN RIVER COUNTY Project Title: INDIAN RIVER COUNTY SURFACE WATER IMPROVEMENT INITIATIVE — EGRET MARSH REGIONAL STORMWATER PARK DEP Grant #: LP6734-Indian River County 11. FUNDING PLAN: Categoryof Expenditure 2006-2007 LP Grant Funds Provided 2006-2007 Match Required Total 2006-2007 Funding Professional Services Construction & Demolition 1,620,000a 1,620,000a 124%00% Land Equipment Other (Specify) Aleal Turf Scrubber System Patent Technolo2v Fee 380,000 380,000 760,000 Total 2 000,000 2 000 000 4 000 000 111. SCOPE OF WORK: (e.g., specifications, task timeline within current authorized Agreement period, method or manner of performance, requirements, quarterly cash needs, etc.) The Egret Marsh Regional Stormwater Park (Egret Marsh) is a new regional stormwater pollution treatment facility that will use an Algal Turf Scrubber® system to treat polluted water flowing in the canal system of the Indian River Farms Water Control District (IRFWCD) in Indian River County. The 35 -acre site, owned by Indian River County, is located in the southwest portion of the county adjacent to the IRFWCD Lateral C canal at the southeast corner of 4th Street and 74th Avenue. The project location is latitude 27° 36' 32" and longitude 80° 28' 46". The system will treat water contributed by a 9,000 -acre agricultural drainage basin, a part of the approximately 50,000 -acre IRFWCD. Currently, the flows from the IRFWCD discharge with little treatment to the Indian River Lagoon near to or in the City of Vero Beach. The Indian River Lagoon is an Estuary of National Significance and a St. Johns River Water Management District (SJRWMD) SWMM program priority water body. Egret Marsh will significantly reduce pollution of the Indian River Lagoon by the water flowing into it from the IRFWCD canals. The system will treat 10 million gallons of canal water per day and will remove such pollutants as suspended solids, dissolved phosphorus, and dissolved nitrogen. _(The Algal Turf Scrubber System Patent Technology Fee was broken from the construction cost to prevent contractor's markup and additional contractor charges related to bonds, insurance, etc.) Deleted: 2,000,000 Deleted: 2,000,000 Deleted: 4,000,000 An estimated project timeline is as follows: Item Completion Date __ _ Task 1: Complete design and permit application process August 2�__ __ Deleted: 2006 Task 2: Issue for bids; receive and award bids Issue for Bids: Sept. 200$_ Deleted: October 2006 Receive Bids: Oct. 2008 Award Bids: Nov. 2008 Task 3: Complete Construction November 2009 - Deleted: December 2008 Task 4: Project close-out December 2009 -------------------- Deleted: January 2009 IV. PROJECT MILESTONES: (i.e. timelines, contracts, if funded in prior year(s) where is the project now) [Exampleffimeline: Design (98 percent completed) June 17, 2005 - August 2006 Permitting (ongoing) July 2006 - September 2006 Land Acquisition N/A — not required Estimated Bid Project October 2006 Estimated Award Construction Contract December 2006 Estimated Construction Start Date January 2007 Estimated Completion of Construction and Project Closeout January..: I 'O1(� V. LOCAL MATCH & OTHER GRANT FUNDS: List the sources and amounts for all funds being used to fund this project. SOURCE AMOUNT ($) 2006-2007 LP grant 21000,000 2006-2007 Match a. DEP 319 Grant — Agreement No. GO 143 4903000 b. Remaining FY 1999-2000 and FY 2000-2001 Legislative Appropriations (original amount = $4.33 million and $1.5 million res ectivel 800.000. c. State of Florida Grant — DEP Agreement No. LP6822 750,000 d. State of Florida Appropriation 1772C(pending) 1,500,000 e. Indian River County One -Cent Sales Tax Fund for Stormwater Pro'ects 1,200.000 Total Project Cost 637401000 { Deleted: 2009 Deleted: 3,000,000 _.. _. Deleted: 5,490,000 Florida Department of Environmental Protection Bob Martinez Center 2600 Blair Stone Road Tallahassee, Florida 32399-2400 DHL DELIVERY - SIGNATURE REQUIRED NOV 2 5 2008 Mr. Keith McCully, P.E. Stormwater Engineer Indian River County Public Works Department 437543 d Avenue, Unit 102 Vero Beach, Florida 32967 Re: LP6734 — Indian River County Indian River County Surface Water Improvement Initiative Project Dear Mr. McCully: Charlie Critit G(),cn;or 101 kol'tLa111p i.! Go U111or Nlichael IV. Sole Enclosed is one original of Amendment 1 to your surface water improvement project. The amendment revises the budget and provides additional time for completion of the project. The amendment is now in effect. If we may be of further assistance, please contact Susan Taylor at 850/245-8358. Sincerely, L�--�o Phil Coram, P.E., Deputy Director Division of Water Resource Management PC/st Enclosure cc: Honorable Sandra I.. Bowden - Indian River County 1hu,l'i;�lcc<';()r, Ic' � �Pnocc•�s iru!r�lr•(� stab lLus Sc re«trti