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Item H04H.4 . G* BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor David Rice, District 4 IleOI1da Keys l'U� Mayor Pro Tem Sylvia J. Murphy, District 5 Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 County Commission Meeting November 20, 2018 Agenda Item Number: H.4 Agenda Item Summary #4899 BULK ITEM: No DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305) 453-8774 10:00 A.M. AGENDA ITEM WORDING: Approval to enter into Amendment No. 2 to the contract with Wood Environment & Infrastructure Solutions, Inc. for marine debris monitoring services in connection with the Natural Resources Conservation Service (NRCS) Grant NR184209XXXXCO27, to allow for payment of eligible monitoring fees and expenses above the NRCS cap of 7.5% of construction (debris removal) costs using Stewardship grant money, retroactive to July 18, 2018. ITEM BACKGROUND: This item is for approval of an amendment to the $3.1 Million contract with Wood Environment & Infrastructure Solutions, Inc. for marine debris removal monitoring services to clarify approval of monitoring expenses above the 7.5% reimbursement cap in the NRCS grant. The purpose of the amendment is to authorize reimbursement to Wood for monthly monitoring fees that are in excess of the 7.5% reimbursement cap. The amounts exceeding the 7.5% will be paid by the County and reimbursed by FDEP. The original agreement did not specify a limit, but referenced the NRCS grant which allows only a reimbursement to the County up to 7.5% of the marine debris removal fees. PREVIOUS RELEVANT BOCC ACTION: 02/21/18 Ratification of a Memorandum of Understanding and Mutual Aid Agreement with the Florida Department of Environmental Protection (DEP) for $6 million for clearing of marine debris from canals and other navigable waterways within unincorporated Monroe County, to be reimbursed by the County to DEP, [and potentially to be reimbursed by FEMA to the County] retroactive to the last date executed by the parties. 05/16/18: Approved. Discussion and direction and retroactive approval to submit a Request For Proposals (RFP) for Marine Debris Monitoring Services as a result of Hurricane Irma. 100% Cost reimbursement is anticipated to be provided by USDA - Natural Resources Conservation Service (NRCS) as part of their Emergency Watershed Protection (EWP) Program in an amount not to exceed $3.1 Million. Packet Pg. 1116 H.4 06/20/18: Approval to negotiate a contract in order of vendor ranking for Marine Debris Monitoring Services as a result of Hurricane Irma. 100% Cost reimbursement is anticipated to be provided by USDA - Natural Resources Conservation Service (NRCS) as part of their Emergency Watershed Protection (EWP) Program in an amount not to exceed $3.1 Million. 07/18/18: Approval to enter into a contract with Wood Environment And Infrastructure Solutions, Inc. for marine debris monitoring services as a result of Hurricane Irma. 100% Cost reimbursement is anticipated to be provided by USDA - Natural Resources Conservation Service (NRCS) as part of their Emergency Watershed Protection (EWP) Program in an amount not to exceed $3.1 Million. 09/19/18: Approval to enter into a no cost Amendment No. 1 to the contract with Wood Environment And Infrastructure Solutions, Inc. for marine debris monitoring services to clarify allowable expenses; retroactive to July 18, 2018. CONTRACT/AGREEMENT CHANGES: Clarify that expenses above the 7.5% NRCS cap may be paid using up to $600,000 in Stewardship grant money. STAFF RECOMMENDATION: Approval DOCUMENTATION: Amendment No. 2 Wood final - signed FINANCIAL IMPACT: Effective Date: Retroactive to July 18, 2018 Expiration Date: N/A Total Dollar Value of Contract: $3.1 Million Total Dollar Value of Amendment: $0. Total Cost to County: $0 Current Year Portion: Estimated $2.8 Million Budgeted: No Source of Funds: FDEP for the portion above 7.5% and NRCS for the portion up to 7.5% CPI: No Indirect Costs: Staff Time to manage the contract. Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: Grant: No County Match: No Insurance Required: Yes Additional Details: Services covered by this amendment are anticipated to be reimbursed through the DEP Stewardship Grant. Packet Pg. 1117 H.4 I XLTA i N17.],•s Rhonda Haag Completed Cynthia Hall Completed Pedro Mercado Completed Maria Slavik Completed Budget and Finance Completed Kathy Peters Completed Board of County Commissioners Pending 11/05/2018 9:14 AM 11/05/2018 2:51 PM 11/05/2018 3:04 PM 11/05/2018 3:12 PM 11/05/2018 3:14 PM 11/05/2018 3:17 PM 11/20/2018 9:00 AM Packet Pg. 1118 H.4.a AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AND WOOD ENVIRONMENT AND INFRASTRUCTURE SOLUTIONS, INC. FOR CONSULTING SERVICES FOR HURRICANE IRMA MARINE DEBRIS MONITORING AND DISASTER RELATED SERVICES THIS AMENDMENT NO. 2 ("Amendment") is entered into on November 20, 2018 to the Agreement Between Monroe County Board of County Commissioners and Wood Environment and Infrastructure Solutions, Inc. for Consulting Services for Hurricane Irma Marine Debris Monitoring and Disaster Related Services dated July 18, 2018 ("Agreement"), as amended September 19, 2018, by and between Monroe County Board of County Commissioners ("County") and Wood Environment & Infrastructure Solutions, Inc. ("Wood"). WITNESSETH: WHEREAS, paragraph 2.1 of the Agreement states that Wood will comply with the NRCE Notice of Grant and Agreement Award, attached as Exhibit C to the Wood Agreement; and WHEREAS, paragraph (A)(1) in the Statement of Work, Budget Narrative of the NRCS EWP grant agreement NR184209XXXXCO27 ("NRCS Grant") provides that 100% of eligible Technical Assistance Costs will be reimbursed by the NRCS Grant up to a maximum of 7.5% of the construction costs, and Technical Assistance Costs is interpreted by NRCS to include monitoring; and WHEREAS, the monitoring costs for Wood are exceeding and are anticipated to exceed 7.5% of the construction costs through the end of the NRCS Grant; and WHEREAS, Wood has already implemented all NRCS-allowed activities in order to reduce the monitoring percentage such as sharing monitoring staff between canals and TDMA sites; and WHEREAS, under the NRCS Grant, 75% of construction costs (debris removal costs charged by Adventure Environmental Inc.) are reimbursable; and WHEREAS, DEP has agreed to modify the FDEP Stewardship Agreement 4LP44074 ("Stewardship Grant") to allow for the use of up to $600,000 of the Stewardship funds that would otherwise have been used as the 25% County match for the construction costs, to be used by the County on a reimbursement basis for the marine debris monitoring costs that exceed the 7.5% construction cost cap that is reimbursable by NRCS; and WHEREAS, these funds will be used to reimburse the County after the County compensates Wood for the services rendered for the marine debris monitoring that exceed the 7.5% construction cost cap in the NRCS Grant. Page 1 of Amendment No. 2 Packet Pg. 1119 H.4.a 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 Wood agree as follows: 1. This Amendment is retroactive to July 181h 2018. 2. Paragraph 7.1.1 of the Agreement is amended to add the following: Notwithstanding the language in Exhibit C to this Agreement, the County shall compensate Wood for eligible marine debris services and reimbursable expenses provided pursuant to this Agreement in excess of the 7.5% cap in the NRCS Grant up to an additional six hundred thousand dollars ($600,000) being provided by FDEP by the Stewardship Grant. 3. All other provisions contained in the Agreement for Consulting Services for Hurricane Irma Marine Debris Monitoring and Disaster Related Services remain unchanged and shall remain in full force and effect. IN WITNESS WHEREOF, each party caused this AMENDMENT NO. 2 to be executed by its duly authorized representative on the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA Date: Deputy Clerk Mayor/Chairman WOOD EVIRONMENT AND NFA'S' TRt"URE SOLUTIONS, INC. By: Print name: Ricardo Fraxedas Title: Office Manager Date: 11/05/2018 Page 2 of Amendment No. 2 Packet Pg. 1120 Hurricane Irma Items BOCC November zo, 2o18 H3, H4 and Q3 H3 - DEP Grant LP44074 Use of Stewardship Funds H4 - Wood Amendment Q3 — Stewardship Funds Revised Resolution ------ --- - --- --- ---- -- -T -- ----- -F 1J-- --- ORIGINAL APPROVED NRCS Approved for Unincorporated Monroe Only = $34.4 Million 25% Cost Share Monroe Only = $ 7.9 Million REVISED Anticipated for Unincorporated Monroe Only = $13.4 Million 25% Cost Share Monroe Only = $ 3.35 Million Wood Environmental & Infrastructure Solutions, Inc. ranked #1 for the monitoring associated with the marine debris removal activities for the USDA-NRCS grant 1. 7.5% max of construction costs from N RCS = $2379014-90 2. 100% Reimbursable from NRCS only up to 7.5% 2. Monitoring costs are anticipated to average 1o% .10 over zzo days 4. Anticipated need up to $600,000 additional funds for monitoring services follows: 1. $3,350,000 Monroe County's local z5% cost share of for Marine Debris Removal of the County's estimated $13,400,000 revised construction costs 2. $600,000 Marine Debris Monitoring for costs in excess of the 7.5% N RCS threshold 3. $1oo,000 Plugged canals clearing 4. $1,45o,000 remains for the z5% match and for cost in excess of the 7.5% N RCS threshold of potential --- iment removal projects. E Approval of a revision to resolution 195-2oi8 that approved the expenditure of the $5.5 Million in FY17/i8 and FY18/i9 Keys Stewardship funds towards Monroe County's local z5% cost share match under USDA NRCS Grant NR184209XXXXC27 for marine debris removal and related services to provide additional uses of the same funds: $600,000 for monitoring services in excess of the 7.5% reimbursement threshold of N RCS $ioo,000 for plugged canal clearing [Estimated $3,350,000 Monroe County's local 25% cost share of debris clearing [Estimated $1,450,000 for sediment removal match 5