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Agenda 07/27/2010 Item #16D 1Agenda Item No. 16D1 July 27, 2010 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to approve Amendment No. 5 to the FDEP Cost Share Contract 05COl yearly monitoring cost reimbursement of the City of Naples /Collier County Beach Renourishment and authorize Chairman to sign Amendment No. 5. This contract amendment will result in a loss of $120,000 due to a reduction in state cost share revenue. OBJECTIVE: To obtain approval of Amendment No. 5 to the FDEP Cost Share contract that sets out state and local funding limits for the City of Naples /Collier County Beach Renourishment Project. CONSIDERATIONS: The FDEP Cost Share Contract sets out state and local funding limits for the 2005 Beach re- nourishment contract along with all required yearly monitoring. This contract is being amended as the 2010 Legislature has reverted funds in grant agreement 05COl in the amount of $120,000, and this amendment reflects removal of these funds. This amendment changes the amount of funding from the FDEP under this Agreement from $5,896,164 to $5,776,164 as indicated on Exhibit 1 B. COUNTY ATTORNEY FINDING: The County Attorney's Office has reviewed this contract amendment and is legally sufficient for Board action. - JK FISCAL IMPACT: Approval of this item will decrease state funding by $120,000 to perform required beach and biological monitoring which is budgeted in Beach Renourishment/Pass Maintenance Fund (195). With the reduction in State funding any additional funding that is required for Beach Monitoring will be provided from Collier County Fund 195. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: To approve Amendment No. 5 to the FDEP Cost Share Contract 05COl yearly monitoring cost reimbursement of the City of Naples /Collier County Beach Renourishment and authorize Chairman to sign Amendment No. 5. This contract amendment will result in a loss of $120,000 due to a reduction in state cost share revenue. PREPARED BY: Gary McAlpin, Coastal Zone Management Director Agenda Item No. 16D1 July 27. 2010 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16D1 Item Summary: Recommendation to approve Amendment No. 5 to the FDEP Cost Share Contract 05COI yearly monitoring cost reimbursement of the City of Naples /Collier County Beach Renourishment and authorize Chairman to sign Amendment No. S. This contract amendment will result in a loss of $120,000 due to a reduction in state cost share revenue. Meeting Date: 7/27/2010 9.00:00 AM Approved By Colleen Greene Assistant County Attorney Date County Attorney County Attorney 611412010 1:10 PM Approved By Jeff Klatzkow County Attorney Date 6114/2010 3:25 PM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 6121/2010 8:33 AM Approved By Gary McAlpin Director - Coastal Management Programs Date Public Services Division Coastal Zone Management 6/29/2010 11:06 AM Approved By Marla Ramsey Administrator- Public Services Date Public Services Division Public Services Division 71121201012:40 PM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 711212010 2:36 PM Approved By Mark Isackson ManagementiBudget Analyst, Senior Date Office of Management & Office of Management &Budget 7/1612010 10:58 AM Budget 4 i+ ni Irni July 27, 2010 Page 3 of 5 AMENDMENT No: 5 DEP AGREEMENT No: 05CO I FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF BEACHES AND COASTAL SYSTEMS BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM STATE OF FLORIDA AMENDMENT TO GRANT AGREEMENT FOR COLLIER COUNTY BEACH NOURISHMENT THIS AGREEMENT entered into on the 29d day of November, 2005, amended on the 12t1' day of May, 2006, amended on the 27h day of August, 2007, and amended on the 24'" day of December, 2008, and amended on the 5" day of January, 2010, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT ") and COLLIER COUNTY (hereinafter referred to as the "LOCAL SPONSOR "), is hereby amended as follows: WHEREAS, the 2010 Legislature has reverted funds in grant agreement 05COI in the amount of $120,000, and this amendment reflects removal of those funds; and, WHEREAS, other changes to the Agreement are necessary, NOW, THEREFORE, the parties hereto agree as follows: Paragraph 8 Table I is hereby revised as follows : TABLE 1 Task # Eligible PROJECT Items Estimated Pra ect Costs Federal DEP Local Total 2.0 Dmign 2.1 Artificial Reef Design $0 $8,486 $17,835 $26,321 2.2 Offshore Sand Search $0 $39.534 583,090 $122,624 Desi n Subtotal $0 548,020 $100,925 S148,945 3.0 Construction 3.1 2006 Nourishment SO $4.570,802 $8,635,791 5[3,206,593 3.2 Construction Management so $46,749 $88,325 $135,074 33 Mitigation So $194,151 $655,849 $850,000 3.4 Additional Turtle Trawls $0 $47,243 $89,257 $136,500 Construction Subtotal SO $4,858,945 $9.469,222 S14.328,167 4.0 Monitorin 4.1 Physical & Nearshore Biological MorutorinE SO $305,198 $641,445 $946,643 4.2 Shorebird $0 $11,219 $23,579 $34,798 4.3 Tilling $0 S11,784 $24,766 $36,550 4.4 Post Construction Phvsical Monitoring S0 $28,992 $60,934 $89,926 4.5 One Yr. (2007) Post Const. Physical Monitoring $0 $47,462 $99,753 $147,215 4.6 One Yr. (2007) Post Contt. Biological Monitoring $0 $112,788 $237,051 $349,839 4.7 Yr. 2 & 3 Post - Construction Phys. & Bin. Monitoring 2008 and 2009) $0 $351,756 $739,299 51.091,055 Monitoring Subtotal 50 5869199 $1.826827 $2,696,026 TOTAL PROJECT COSTS SO S5,776,164 S11.396,974 $17 173 138 DEP Agreement No. 05CO1, Amendment No. 5, Page I of 3 Agenda It nice 16n1 July 27, 2010 Page 4 of o Paragraph 9 is hereby revised to change the amount of funding from the DEPARTMENT under this Agreement from $5,896,164 to $5,776,164. In accordance with Paragraph No. 26, a revised copy of Exhibit -lA to Attachment H -3 is herein provided to identify the additional funds under this Agreement. Exhibit -IA to Attachment H -3 is hereby deleted in its entirety and replaced with Exhibit IB, 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. 05CO1, Amendment No. 5, Page 2 of 3 Agenda Item No. 16D1 July 27, 2010 Page 5 of 6 IN WITNESS WHEREOF, the parties have caused these presents to he duly executed, the day and year last written below. COLLIER COUNTY By: Title: "Chairman Date: FEID No.59- 6000558 ATTEST; DWIGHT E. BROCK, Clerk By: v ant s Attorney FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By:_ k.'0 � _ _ `_'I Secretary or designee Date: -... . �*'q Department of Environmental P ection Grant Program Administrator APPROVED as to form and legality: De en of Envirdnmental Protection Attorney 'If someone other than the Chairman 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 H -3 Exhibit I (page 5 of 5) REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 05COl, Amendment No. 5, Page 3 of 3 Cq .n F FQ 5 W Agenda Item No. 16D1 July 27, 2010 Page 6 of 6 b �L�j Q"' Q = J u U u % V 6 O �3 �C V U �S J � T LJW m� u�u 'vi d '-8 v U " E�E T y 3 ow� D. t U N rJ fA W W p 3 0 � T� a O J U O O ra ,-, U w v V L a wl S 9 u V U u t= u L � - o u � ^ V SSSSSSLLLLLL N 9 L O h a M x �Uq a z d c 0 z N Q a w Q 0 a� r n N Y a 7 � C u 9 U Q Q iYi Q Q- U L a M QY C v ad cd a.� ad ed C d o O W ^o ^+woo d W n °'woo a ,o 3C E o v E °o 0 o ;3 •a .5 ;; •a .S ;; •a .S a� 5 g -.� .S R e v u¢ v u Q v v¢ w Q u 4 � mxvwx�wx�wx�wxJ azezz E �zEz b �L�j Q"' Q = J u U u % V 6 O �3 �C V U �S J � T LJW m� u�u 'vi d '-8 v U " E�E T y 3 ow� D. t U N rJ fA W W p 3 0 � T� a O J U O O ra ,-, U w v V L a wl S 9 u V U u t= u L � - o u � ^ V SSSSSSLLLLLL N 9 L O h a M x �Uq a z d c 0 z N Q a w Q