8th Amendment 07/15/2015AMY REAVILIN, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
xaxnoE couxrr, FLORIDA
DATE: August 20, 2015
TO: Roman Gastesi
County Administrator
ATTN: Rhonda Haag
Sustainability Program Manager
FROM: Cheryl Robertson Executive Aide to the Clerk of Court & Comptroller wul 1g4e S077
At the July 15, 2015 Board of County Commissioner's meeting the Board granted approval and
authorized execution of Item R14 Amendment No. 8 to the Selection of Canal Demonstration Projects
contract with AMEC Foster Wheeler Environment & Infrastructure, Inc. dated May 15, 2013, providing
a no cost extension of time to provide public outreach services as provided under EPA Grant OOD26914
for Canal Outreach services.
Enclosed is a duplicate original of the above- mentioned for your handling. Should you have any questions,
please feel free to contact my office.
cc: County Attorney
Finan e
File
C- Vd I
500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305 - 295 -3130 Fax: 305 - 195 -3563
3117 Overseas Highway, Marathon, FL 33050 Phone: 305- 289 -6027 Fax: 305 - 289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305 - 852 -7146
AMENDMENT NO.8
TO THE CONTRACT
FOR
ENGINEERING SERVICES
FOR THE
SELECTION OF CANAL DEMONSTRATION PROJECTS
AND
HOMEOWNER COORDINATION SERVICES
THIS AMENDMENT NO. 8 dated July 15 , 2015 to that Contract dated the 15 day of May,
2013, between AMEC Foster Wheeler Environment & Infrastructure, Inc., "CONSULTANT"
and Monroe County, "COUNTY," as amended September 17, 2013, November 10, 2013, April
16, 2014, December 10, 2014, December 10, 2014 and February 18, 2015, and May 20, 2015.
WITNESSETH:
WHEREAS, additions to the CONSULTANT'S scope of work was previously authorized for
canal outreach tasks funded by EPA GRANT X7- OOD26914 -0 under AMENDMENT No. 5 to
the CONTRACT dated May 15, 2013, and
WHEREAS, much work has been performed by the CONSULTANT for the canal outreach grant
funded by EPA; and
WHEREAS, a no cost time extension is required for completion of the scope of work under
Amendment No. 5 for the EPA grant tasks under the Contract; and
WHEREAS, EPA has approved an extension of time through January 31, 2016 for completion of
such tasks by the COUNTY.
NOW, THEREFORE, in consideration of mutual promises, covenants and contracts stated
herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, COUNTY and CONSULTANT agree to Amendment #8 of the contract as
follows:
1. The CONSULTANT will provide the scope of services as specified in the revised schedule,
attached as Exhibit A -8, attached and made a part of this AMENDMENT NO. 8. All work to be
completed by the CONSULTANT for tasks 3, 4, and 5 related to the EPA grant X7- OOD26914 -0
shall be completed by December 31, 2015 as stated in the revised schedule. Completion dates
for Tasks 1 and 2 will remain unchanged.
2. The COUNTY will have until January 31, 2016 to submit the final report to EPA, thirty (30)
days beyond December 31, 2015.
Page 1 of Amendment No. 8
3. EPA's approval for this extension has been provided to the County by amendment, attached
as Exhibit B.
4. The overall CONTRACT value remains unchanged, which is not to exceed One Hundred
Forty Nine Thousand Seven Hundred Ten Dollars and Seventy Four Cents ($149,710.74).
IN WITNESS WHEREOF, each party caused this AMENDMENT NO. 8 to be executed by its
duly authorized representative on the day and year first above written.
BOARD OF COUNTY COMMISSIONERS
FOR MONROE COUNTY, FLORIDA
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Page 2 of Amendment No. 8
Exhibit A -8
Project Title: EPA Grant for Canal Restoration Public Outreach
Project Location: Monroe County
Florida Keys Watershed /HUC= 03090203.
Project Background:
A comprehensive Canal Management Master Plan (CMMP) was commissioned by Monroe County, with
financial assistance from the United States Environmental Protection Agency (USEPA). Goals and priority
management issues were established and a framework for identifying and correcting water quality
impairments within the entire Florida Keys canal network was developed (AMEC 2013). Approximately
500 canals were examined and ranked using a combination of Geographic Information Systems (GIS) tools
and water quality field reconnaissance to develop the best possible assessment.
Canals that have been identified in the CMMP with poor water quality have the potential to cause
significant harm to near shore marine waters upon which the community depends. In response to these
documented water quality issues, Monroe County in 2013 selected seven demonstration canals to design,
permit and construct projects using various restoration techniques (weed barriers, backfilling, culverts,
pumping, and organic removal) to restore the water quality to acceptable levels. The objectives of the canal
restoration demonstration projects are to implement the various restoration techniques to verify their
applicability, feasibility, effectiveness, permitting needs and costs. The scope of work in this grant will
allow the public to be involved in the demonstration canal restoration projects through interactive field trips
held during construction and be provided with methods to streamline permitting in their canals.
The CMMP also presented many best management practices (BMPs) that can be easily implemented both
by homeowners and business owners to protect water quality and require only minimal use of public funds.
BMPs vary from careful selection of fertilizers and landscape plants to proper disposal of fish waste.
Public outreach is required to education the public of the suitable BMPs, as well as water quality
improvements, for their canals and the need for their implementation. The scope of work in this grant
includes public workshops to educate the public on how to implement the BMPs recommended in the
CMMP.
The WQPP Canal Restoration Advisory Subcommittee specified that public participation is the key to the
successful achievement of goals and objectives for water quality improvement in the canals. The work to
be accomplished under this Agreement has been identified by the Canal Restoration Advisory
Subcommittee of the Florida Keys National Marine Sanctuary (FKNMS) Water Quality Protection
Program (WQPP) as one of the high priority projects to assist with Monroe County canal water quality
restorations.
Project Description:
Task 1: Preparation of Workshop Presentations that will become Web -Based Seminars
AMEC will develop presentation/workshop materials for web based access which include Canal
Management Master Plan Educational information including the Monroe County Canal Demonstration
Program and BMPs to engage residents about appropriate decision making and stewardship of Monroe
County's 500+ canals. Restoration techniques and information about the Monroe County Demonstration
Program will be included in the web -based seminar information.
Page 1 of Exhibit A -8
Task 1 Deliverables:
1. Workshop presentation materials to be placed on Monroe County Canal Restoration web page.
Task 1 Budget: $ 13,093.00
Performance Measure: The COUNTY's Sustainability Program Manager will review and approve the
web -based presentation materials.
Task 1 Completion Date: March 2, 2015
Task 2: Conduct Public Workshops
AMEC will conduct three (3) public workshops (in the Upper, Middle and Lower Keys) to provide
outreach related the CMMP, BMPs, restoration techniques and the County Canal Restoration
Demonstration Program. The workshops will include the materials developed in Task 1 along with other
canal restoration water quality improvement information.
Task 2 Deliverable:
1. Report summarizing each of the three (3) public workshops to include location, attendance, photo
documentation, items discussed, questions raised and recommended action items.
Task 2 Budget: $ 13,471.80
Performance Measure: The COUNTY'S Sustainability Program Manager will review and approve the
public meeting agendas and locations and accept the final deliverable of the completion report.
Task 2 Completion Date: June 15, 2015
Task 3: Web Based Permitting Guidance
AMEC will prepare a web based permitting assistance guidance that will include various canal restoration
techniques and helpful permitting information. Items to be included will consist of:
• An outline of the permitting process for each technology
• Agency contacts
• Permit applications and web links to completing the applications
• When exemptions, General Permits and Nationwide permits are applicable
• Other helpful information learned from the permitting of the canal restoration demonstration
projects.
Task 3 Deliverable:
1. Electronic deliverable of permitting assistance guidance to be placed on Monroe County's Canal
Restoration web page
Task 3 Budget: $ 7,060.00
Performance Measure: The COUNTY's Sustainability Program Manager will review and approve the
electronic deliverable of web based material related to permitting guidance.
Task 3 Completion Date: December 31, 2015
Page 2 of Exhibit A -8
Task 4: Education to the Public During a Canal Demonstration Construction Proiect
AMEC will coordinate public attendance at one (1) site visit during the construction of one (1) of the
County Canal Restoration Demonstration Projects. Educational materials will be provided at the site visit.
AMEC will provide a tour of the canal restoration including a description of the restoration construction
methodology, permitting requirements, and water quality improvement goals.
Task 4 Deliverable:
1. Educational packet provided to homeowners attending the demonstration project site visit
2. Meeting minutes of the site visit.
Task 4 Budget: $ 3,875.06
Performance Measure: The COUNTY's Sustainability Program Manager will review and approve the
education packet and meeting minutes.
Task 4 Completion Date: December 31, 2015
Task 5: Reporting Reguirements and Monitoring of Canal Demonstration Proiect provided as in-
kind match
AMEC will assist the COUNTY program manager with preparing the reports due to EPA. AMEC shall
also monitor, collect data, ensure timely completion of performance of the demo canal project and report to
the County on the cost -share work as required by the COUNTY as match to the EPA grant.
Task 5 Deliverables: Semi - annual performance reports due May 30` and September 30', and a final
performance due June 30, 2015. Included in the reports shall be the progress on the demo canal project
used as match.
Task 5 Budget: $ 0.00
Performance Measure: The COUNTY's Sustainability Program Manager will review and approve the
reports.
Task 5 Completion Date: December 31, 2015.
NOTE: Payment will be upon completion of the task and review and approval of the deliverables.
TOTAL PROJECT COST: $37,499.89
Page 3 of Exhibit A -8
EXHIBIT B
EPA APPROVAL AMENDMENT FOR
TIME EXTENSION
X7 - OOD26914 - 1 Paae 1
GRANT NUMBER (FAIN): OOD26914
A",.
U.S. ENVIRONMENTAL
PROTECTION AGENCY
MODIFICATION NUMBER: 1
PROGRAM CODE: X7
DATE OF AWARD
05/28/2015
TYPE OF ACTION
MAILING DATE
No Cost Amendment
05/28/2015
S71
Assistance Amendment
PAYMENT METHOD:
ACH#
ASAP
40959
RECIPIENT TYPE:
Send Payment Request to:
County
Las Vegas Finance Center
RECIPIENT:
PAYEE:
Monroe County
Monroe County
5100 College Road
5100 College Road
Key West, FL 33040
Key West, FL 33040
EIN: 59- 6000749
PROJECT MANAGER
EPA PROJECT OFFICER
EPA GRANT SPECIALIST
Rhonda Haag
Jennifer Shadle
Sharonita Johnson
5100 College Road
61 Forsyth Street
Facilities, Grants and Acquisitions Management
Key West, FL 33040
Atlanta, GA 30303 -8960
Branch
E -Mail: haag- rhonda @monroecounty - fl.gov
E -Mail: shadle.jennifer@epa.gov
E -Mail: johnson.sharonita @epa.gov
Phone: 305-453-8774
Phone: 404-562-9436
Phone: 404 -562 -8311
PROJECT TITLE AND EXPLANATION OF CHANGES
Monroe County Geographic Program: South Florida Initiative
This action approves a time extension of the budget and project period from 7/31/15 to 1/31/16 to allow Monroe County Board of County Commissioners
addtional time to complete the goals of their workplan .
BUDGET PERIOD
PROJECT PERIOD
TOTAL BUDGET PERIOD COST
TOTAL PROJECT PERIOD COST
09/01/2014 - 01/31/2016
09/01/2014 - 01/31/2016
$234,190.00
I $234,190.00
NOTICE OF AWARD
Based on your Application dated 08/05/2014 including all modifications and amendments, the United States acting by and through the US Environmental
Protection Agency (EPA) hereby awards $0. EPA agrees to cost -share 32.03 of all approved budget period costs incurred, up to and not exceeding total
federal funding of $75,000. Recipient's signature is not required on this agreement. The recipient demonstrates its commitment to carry out this award by
either: 1) drawing down funds within 21 days after the EPA award or amendment mailing date; or 2) not filing a notice of disagreement with the award terms
and conditions within 21 days after the EPA award or amendment mailing date. If the recipient disagrees with the terms and conditions specified in this award,
the authorized representative of the recipient must furnish a notice of disagreement to the EPA Award Official within 21 days after the EPA award or
amendment mailing date. In case of disagreement, and until the disagreement is resolved, the recipient should not draw down on the funds provided by this
award/amendment, and any costs incurred by the recipient are at its own risk. This agreement is subject to applicable EPA regulatory and statutory provisions,
all terms and conditions of this agreement and any attachments.
ISSUING OFFICE (GRANTS MANAGEMENT OFFICE)
AWARD APPROVAL OFFICE
ORGANIZATION / ADDRESS
ORGANIZATION / ADDRESS
U.S. EPA, Region 4
61 Forsyth Street
Water Protection Division
Atlanta, GA 30303 -8960
61 Forsyth Street
Atlanta, GA 30303 -8960
THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY
Digital signature applied by EPA Award Official Sharonita Johnson - Grants Management Specialist
DATE
05/28/2015
EPA Funding Information X7 - OOD26914 - 1 Page 2
FUNDS
FORMER AWARD
THIS ACTION
AMENDED TOTAL
EPA Amount This Action
$ 75,000
$ 0
$ 75,000
EPA In -Kind Amount
$ 0
$
$ 0
Unexpended Prior Year Balance
$ 0
$
$ 0
Other Federal Funds
$ 0
$
$ 0
Recipient Contribution
$ 159,190
$
$ 159,190
State Contribution
$ 0
$
$ 0
Local Contribution
$ 0
$
$ 0
Other Contribution
$ 0
$
$ 0
Allowable Project Cost
$ 234,190
$ 0
$ 234,190
Assistance Program (CFDA)
Statutory Authority
Regulatory Authority
66.436 - Surveys- Studies- Investigation Grants and
Clean Water Act: Sec. 104(b)(3)
40 CFR PART 31
Cooperative Agreements- Section 104(b)(3) of the
Object
Class
Site /Project
Clean Water Act
Obligation /
Deobligation
Fiscal
Site Name
Req No
FY
Approp.
Code
Budget
Organization
PRC
Object
Class
Site /Project
Cost
Organization
Obligation /
Deobligation
Budaet Summary Paae: FY14 S. FL Proiect
X7 - OOD26914 - 1 Page 3
Table A - Object Class Category
(Novi- construction)
Total Approved Allowable
Budget Period Cost
1. Personnel
$46,317
2. Fringe Benefits
$12,876
3. Travel
$4,345
4. Equipment
$0
5. Supplies
$21,247
6. Contractual
$137,500
7. Construction
$0
8. Other
$11,905
9. Total Direct Charges
$234,190
10. Indirect Costs: % Base
$0
11. Total (Share: Recipient 67.97 % Federal 32.03 %.)
$234,190
12. Total Approved Assistance Amount
$75,000
13. Program Income
$0
14. Total EPA Amount Awarded This Action
$0
1 5. Total EPA Amount Awarded To Date
$75,000
Administrative Conditions
X7 - OOD26914 - 1 Page 4
The following administrative conditions are added and are applicable to the new funding and any
unobligated balances (defined at 2 CFR 200.98) remaining on the award at the time of this
amendment unless otherwise noted:
a
GENERAL TERMS AND CONDITIONS
The recipient agrees to comply with the current EPA general terms and conditions available at:
http: / /www.et)a.aov /oad /tc /aeneral tc applicable as recipients dec 26 2014 pdf These terms and
conditions are in addition to the assurances and certifications made as part of the award and the terms,
conditions or restrictions cited throughout the award.
The EPA repository for the general terms and conditions by year can be found at:
http://www.er)a.aov/oad/tc.htm
The applicable terms and conditions below are in addition to the general terms and conditions noted
above:
1. ANNUAL FFR (INTERIM) PURSUANT TO 2 CFR 200.327
Pursuant to 2 CFR 200.327, EPA recipients shall submit an interim annual Federal Financial
Report (FFR, SF -425) to EPA no later than 90 calendar days following the anniversary of the
award date. The form is available on the internet at: http: / /www2.epa.gov /financial /forms.
The following reporting period end dates shall be used for interim annual reports: 3/31, 6/30,
9/30, or 12/31.
At the end of the project, the recipient must submit a final FFR to EPA no later than 90 calendar
days after the end of the project period. The form is available on the
internet at: http: / /www2.epa.gov /financial /forms. All FFRs must be submitted to the Las Vegas
Finance Center (LVFC) via email LVFC - grants @epa.gov or fax at 702 - 798 -2423.
2. UTILIZATION OF SMALL, MINORITY AND WOMEN'S BUSINESS ENTERPRISES
GENERAL COMPLIANCE, 40 CFR, Part 33
The recipient agrees to comply with the requirements of EPA's Disadvantaged Business Enterprise (DBE)
Program for procurement activities under assistance agreements, contained in 40 CFR, Part 33.
MBE/WBE REPORTING, 40 CFR, Part 33, Subpart E
MBE/WBE reporting is required in annual reports. Reporting is required for assistance agreements where
there are funds budgeted for procuring construction, equipment, services and supplies, including funds
budgeted for direct procurement by the recipient or procurement under subawards or loans in the "Other"
category that exceed the threshold amount of $150,000, including amendments and/or modifications
Based on EPA's review of the planned budget, this award meets the conditions above and is subject to the
Disadvantaged Business Enterprise (DBE) Program reporting requirements. However, if recipient believes
this award does not meet these conditions, it must provide Charles Hayes at haves. charles0epa.gov with
a justification and budget detail within 21 days of the award date clearly demonstrating that, based on the
planned budget, this award is not subject to the DBE reporting requirements.
The recipient agrees to complete and submit a "MBE/WBE Utilization Under Federal Grants, Cooperative
Agreements and Interagency Agreements" report (EPA Form 5700 -52A) on an annual basis. All
procurement actions are reportable, not just that portion which exceeds $150,000.
When completing the annual report, recipients are instructed to check the box titled "annual" in section 1 B
of the form. For the final report, recipients are instructed to check the box indicated for the "last report" of
the project in section 1 B of the form. Annual reports are due by October 30' of each year. Final reports
are due by October 30" or 90 days after the end of the project period, whichever comes first.
The reporting requirement is based on total procurements. Recipients with expended and/or budgeted
funds for procurement are required to report annually whether the planned procurements take place
during the reporting period or not. If no budgeted procurements take place during the reporting period, the
recipient should check the box in section 513 when completing the form.
MBE/WBE reports should be sent to:
U.S. Environmental Protection Agency
Grants Management Office
SNAFC, 61 Forsyth Street, SW
Atlanta, GA 30303
cc: johnson.sharonita @ epa.gov
The current EPA Form 5700 -52A can be found at the EPA Office of Small Business Program's Home
Page at hftp: / /www.epa.gov /osbp /dbe reporting.htm
This provision represents an approved deviation from the MBE/WBE reporting requirements as described
in 40 CFR, Part 33, Section 33.502; however, the other requirements outlined in 40 CFR Part 33 remain in
effect, including the Good Faith Effort requirements as described in 40 CFR Part 33 Subpart C, and Fair
Share Objectives negotiation as described in 40 CFR Part 33 Subpart D and explained below.
FAIR SHARE OBJECTIVES, 40 CFR, Part 33, Subpart D
A recipient must negotiate with the appropriate EPA award official, or his /her designee, fair share
objectives for MBE and WBE participation in procurement under the financial assistance agreements.
In accordance with 40 CFR, Section 33.411 some recipients may be exempt from the fair share objectives
requirements as described in 40 CFR, Part 33, Subpart D. Recipients should work with their DBE
coordinator, if they think their organization may qualify for an exemption.
Accepting the Fair Share Objectives /Goals of Another Recipient
The dollar amount of this assistance agreement, or the total dollar amount of all of the recipient's financial
assistance agreements in the current federal fiscal year from EPA is $250,000, or more. The recipient
accepts the applicable MBE/WBE fair share objectives /goals negotiated with EPA by the FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION as follows:
MBE: CONSTRUCTION 9%; SUPPLIES 9 %; SERVICES 9 %; EQUIPMENT 9%
WBE: CONSTRUCTION 3 %; SUPPLIES 3%; SERVICES 3%; EQUIPMENT 3%
By signing this financial assistance agreement, the recipient is accepting the fair share objectives /goals
stated above and attests to the fact that it is purchasing the same or similar construction, supplies,
services and equipment, in the same or similar relevant geographic buying market as the FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Negotiating Fair Share Objectives /Goals, 40 CFR, Section 33.404
The recipient has the option to negotiate its own MBE/WBE fair share objectives /goals. If the recipient
wishes to negotiate its own MBE/WBE fair share objectives /goals, the recipient agrees to submit proposed
MBE/WBE objectives /goals based on an availability analysis, or disparity study, of qualified MBEs and
WBEs in their relevant geographic buying market for construction, services, supplies and equipment.
The submission of proposed fair share goals with the supporting analysis or disparity study means that the
recipient is not accepting the fair share objectives /goals of another recipient. The recipient agrees to
submit proposed fair share objectives /goals, together with the supporting availability analysis or disparity
study, to the Regional MBE/WBE Coordinator within 120 days of its acceptance of the financial assistance
award. EPA will respond to the proposed fair share objective /goals within 30 days of receiving the
submission. If proposed fair share objective /goals are not received within the 120 day time frame, the
recipient may not expend its EPA funds for procurements until the proposed fair share objective /goals are
submitted.
SIX GOOD FAITH EFFORTS, 40 CFR, Part 33, Subpart C
Pursuant to 40 CFR, Section 33.301, the recipient agrees to make the following good faith efforts
whenever procuring construction, equipment, services and supplies under an EPA financial assistance
agreement, and to require that sub - recipients, loan recipients, and prime contractors also comply.
Records documenting compliance with the six good faith efforts shall be retained:
(a) Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable
through outreach and recruitment activities. For Indian Tribal, State and Local and Government
recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they are
potential sources.
(b) Make information on forthcoming opportunities available to DBEs and arrange time frames for
contracts and establish delivery schedules, where the requirements permit, in a way that
encourages and facilitates participation by DBEs in the competitive process. This includes,
whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days
before the bid or proposal closing date.
(c) Consider in the contracting process whether firms competing for large contracts could
subcontract with DBEs. For Indian Tribal, State and local Government recipients, this will include
dividing total requirements when economically feasible into smaller tasks or quantities to permit
maximum participation by DBEs in the competitive process.
(d) Encourage contracting with a consortium of DBEs when a contract is too large for one of these
firms to handle individually.
(e) Use the services and assistance of the SBA and the Minority Business Development Agency
of the Department of Commerce.
(f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in
paragraphs (a) through (e) of this section.
CONTRACT ADMINISTRATION PROVISIONS, 40 CFR, Section 33.302
The recipient agrees to comply with the contract administration provisions of 40 CFR, Section 33.302.
BIDDERS LIST, 40 CFR, Section 33.501(b) and (c)
Recipients of a Continuing Environmental Program Grant or other annual reporting grant, agree to create
and maintain a bidders list. Recipients of an EPA financial assistance agreement to capitalize a revolving
loan fund also agree to require entities receiving identified loans to create and maintain a bidders list if the
recipient of the loan is subject to, or chooses to follow, competitive bidding requirements. Please see 40
CFR, Section 33.501 (b) and (c) for specific requirements and exemptions.
Programmatic Conditions
All Programmatic Conditions Remain the Same