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1st Amendment 06/19/2019 ¢-°J�cougra co Kevin Madok, CPA .! Clerk of the Circuit Court&Comptroller— Monroe County, Florida ~RAH COVN DATE: July 8, 2019 TO: Rhonda Haag, Director Sustainability&Projects Lindsey Ballard,Aide to the County Administrator, FROM: Pamela G. Hancock, II% SUBJECT: June 19'BOCC Meeting Attached is an electronic copy of the following item for your handling: T5 Revised Amendment No. 1 to the revenue Grant Agreement SD005 from the Florida Department of Environmental Protection (FDEP) for$100,000.00 to allow other plugged and non-plugged canals to be cleared in unincorporated Monroe and to allow clearing of plugged canals in municipalities. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 AMENDMENT NO. 1 TO AGREEMENT NO.SD005 BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND MONROE COUNTY BOARD OF COUNTY COMMISSIONERS This Amendment to Agreement No.SD005 (Agreement)is made by and between the Department of Environmental Protection(Department),an agency of the State of Florida,and Monroe County Board of County Commissioners, 1111 12`h Street Suite 408,Key West,FL 33040(Grantee),on the date last signed below. WHEREAS,the Department entered into the Agreement with the Grantee for Monroe County Marine Debris Removal—Plugged Canals effective April 24,2019; WHEREAS,the parties wish to amend the Agreement as set forth herein. NOW THEREFORE,the parties agree as follows: _ 1) Attachment 3,Grant Work Plan,is hereby deleted in its entirety and replaced with Attachment 3-A,Revised Grant Work Plan,as attached to this Amendment and hereby incorporated into the Agreement.All references in the Agreement to Attachment 3 shall hereinafter refer to Attachment 3-A,Revised Grant Work Plan. 2) All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistency may appear between the Agreement and this Amendment,the provisions of this Amendment shall control. The parties agree to the terms and conditions of this Amendment and have duly authorized their respective representatives to sign it on the dates indicated below. All -,•E re . ' OHNEY AiROY. o /, • Monroe County Board of County Commissioners Florida Department of ASsl • -COUNTY A •A Environmental Protection 4 t . 1 4 � �By: r p . 1111/ / Date i By: .. 410 sm o.:,. 'K1„..77 I I '-011 Date: G/ //q r ,4# 'TTESC: a vi.-, a I K, G fed/IC- '60 :4f .T OF ATTACHMENTS/EXHIBITS INCLUDED AS PART OF THIS AMENDNTr 41 . .e Letter/Number Description, Q rr r`Crn — Attachment 3-A Revised Grant Work Plan rn C'7% ! I -v-1 1.<--). _ Crt b -REMAINDER OF PAGE INTENTIONALLY LEFT BLANK- :"1 C) 4 Agreement No.:SD005 Amendment No.: 1 loft Rev.10/8/18 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT WORK PLAN DEP AGREEMENT NO.:SD005 ATTACHMENT 3-A PROJECT TITLE: Monroe County Marine Debris Removal—Plugged Canals PROJECT LOCATION: The Project will be located in a minimum of the following four plugged canals throughout unincorporated Monroe County in the Florida Keys: Canal Name Latitude Longitude Estimated Cubic Yard of Debris to be Removed 19 Key Largo Split 25.210046° -80.338862° 100 20 Key Largo 25.194424° -80.350015° 200 62 Rock Harbor 25.090122° -80.460119° 100 448 Big Coppitt Key 24.595305° -81.647919° 100 Additional Canals to be TBD TBD TBD indentified later based on the criteria below, subject to availability of funds Other plugged and non-plugged canals that have been impacted with hurricane debris,but not yet approved under the USDA NRCS grant program,will also be cleared until the funds are expended.The canals may also be located in a municipality in the County. PROJECT BACKGROUND: The Water Quality Protection Program(WQPP)Action Plan of the Florida Keys National Marine Sanctuary identified impaired water quality in residential canals as a priority for corrective action. On September 10,2017 the Florida Keys was struck by Hurricane Irma,a Category 4 storm which caused extensive damage to homes and properties. A significant amount of debris was deposited in the canals adjacent to the damaged homes and properties as a result of the hurricane force winds. Monroe County requested funding assistance from the United States Department of Agriculture(USDA) National Resources Conservation Service(NRCS) Emergency Watershed Program(EWP).This program provides public assistance funds for disaster response related marine debris removal and disposal operations.USDA NRCS approved Monroe County's$45 million application to assist with the removal of marine debris from the 171 eligible canals throughout the Florida Keys. The program didn't approve the removal of debris from most plugged canals based on program eligibility guidelines looking at flooding potential impacts and not water quality concerns. The hurricane generated marine debris is made up of vegetation,construction and demolition,and hazardous materials that is causing a significant water quality and human health concern within these non-flushing plugged canal systems. It is anticipated that with the removal of the hurricane generated marine debris the water quality and human health concerns will be improved. Therefore, Monroe County is seeking qualified firms for marine debris removal services for the aforementioned plugged canals as a result of Hurricane Irma. Services will include,but not be limited to: Attachment 3-A,DEP Agreement k;SD005 1 of Rev,4/30/20 t 8 debris removal from plugged canals in unincorporated Monroe County; separation, temporary storage, reduction,processing and disposal at the County's designated Disaster Debris Management Sites(DDMS) provided by Monroe County; management of the DDMSs; hazardous waste handling; haul out to final disposal sites;and assistance with State reporting and reimbursement efforts. These four plugged canals within unincorporated Monroe County were selected because they were not approved by the USDA NRCS EWP. These canals were identified as heavily impacted by hurricane marine debris utilizing the NOAA ERMA(Environmental Response Management Application)database,side scan surveys,and homeowner outreach documenting the debris within the canals. The County will prioritize the selection of the additional canals for clearing based on the following criteria: 1) Additional plugged canals 2) Level of impact based on NOAA ERMA database and side scan surveys 3) Pre Irma Water Quality Summary from the Canal Management Master Plan Database 4) The number of homes adjacent to canal PROJECT DESCRIPTION: The Contractor will be responsible for the removal of marine debris from a minimum of 4 plugged canals,plus additional plugged and non plugged canals until funds are expended.Efforts are to include the identification of locations in the water where significant marine debris exists, locating,removing,and transporting of the marine debris to debris sites(Big Pine Prison and Rowell's Park DDMS)if applicable, including oversight of operations for the project. The County will be responsible for renewing the required FDEP authorizations to continue to operate the approved DDMSs in compliance with all applicable Department regulations. Alternatively,the debris may be taken to a DEP-permitted solid waste transfer station for disposal. The definition of marine debris includes but is not limited to: • Vegetation,hazardous waste,construction and demolition debris,propane tanks,white goods,e-waste,docks,non-marine vehicles,motorhomes, seawalls,and houses or portions of houses, • Identification,removal, transportation,and disposal of,traps and other man-made materials, and floating structures. Detailed Responsibilities: • The Contractor will assess total potential volume or area(linear feet or area of canal or shoreline,tons,cubic yards, etc.) for the amount of marine debris likely to be removed and disposed of. Marine debris should include all material that is within the canal including material that is laying along the bottom—potentially under layer(s)of silt,sediment or sand. The Contractor shall use all necessary measures to ensure that all marine debris is removed from the canal. Such marine debris should not be debris attached to personal property unless permission is provided to remove such debris.An effort should be made to contact a property owner to obtain permission to remove material that is obviously debris,but which may be tied or otherwise affixed to land for reasons of maintaining clear navigation. Contractor shall be responsible for obtaining access to the plugged canals Attachment 3-A,DEP Agreement#:SD005 2of6 Rev.4130/2018 • The Contractor will perform pre-removal assessment and mapping of canal debris using cost- effective technology,including side scan sonar or other methodology,to provide identification and assessment of debris locations—if requested by the County. • The Contractor shall also be responsible for and make good all damage to homeowner docks of any type,seawalls,boats, fencing,buildings,telephone or other cables,water pipes, sanitary pipes,and any other appurtenances,at the Contractor's sole expense.The Contractor shall produce a pre-construction video to document the current conditions, in the event any damage to private property occurs the pre-construction video will be used to document the conditions prior to damage.The documentation shall utilize a high-resolution digital video camera with extended still frame capability.The documentation shall record surface features located within the construction zone including,but not limited to,staging area, canal seawalls,boat lifts,boats,and any other permanent or temporary structures within the canal footprint. The documentation shall provide audio recording documenting the orientation, location,and description of features.The documentation shall accompany a written log which documents the aforementioned items and shall contain bright,sharp pictures with accurate colors and shall be free from distortion or any other significant picture imperfection.The audio portion of the recording shall reproduce the commentary of the camera operator with proper volume,clarity,and be free of distortion. The construction shall not proceed until the County have reviewed the documentation and notified the Contractor of its acceptability. • The Contractor shall be cognizant of the various working conditions to be encountered under this contract for the plugged canals,i.e.no direct boating access,shallow depths surrounding the canals and deep canals. • The Contractor shall be responsible for returning all DDMS's to their pre-debris storage condition and shall provide such environmental tests or studies as may be required by the County in order to prove cleanup. The County will be responsible for locating and providing DDMSs sites at County expense and obtaining and paying for necessary permits and authorizations for appropriate DDMS sites. The Contractor will be responsible for the management and oversight of the County designated DDMSs for storage of marine debris prior to appropriate final disposal. • The Contractor will be responsible for preparing each DDMS site to accept debris,to include clearing,grading,erosion control,construction and maintenance;establishing site layout; providing all management,supervision,labor,machines,tools and equipment for the acceptance,processing,reducing and sorting of debris. • Vegetative debris reduction shall be performing by chipping/grinding only. • The Contractor is responsible for compliance with all Florida Department of Environmental Protection(DEP)authorizations and permits at the site. • The Contractor is required to ensure that the DDMS site is secure and not accessible by the public during operation and after working hours. Attachment 3-A,DEP Agreement#:SD005 3 of6 Rev.4/30/2018 • After the debris has been reduced and hauled to final disposal sites,the contractors will be responsible for performing site restoration and closeout,to include removal of all site equipment(temporary toilets, inspection towers,security or silt fences,etc.),soil testing,and restoration of the site to pre-work conditions. • Debris will be sorted into clean vegetative,C&D, seaweed/seagrass,sediment,white goods and household hazardous waste.Vehicles and vessels shall be stored separately on site. • All debris shall be mechanically loaded and reasonably compacted in the truck • Provide control of pedestrian and vehicular traffic in the work area to include flag persons signs or other devices necessary to ensure safe debris removal operations • Provide daily reports on all debris recovery operations to include all equipment and personnel used to the monitoring firm. The Contractor will be responsible for providing all necessary equipment and personnel to load and haul eligible marine debris,white goods,vegetation,C&D and seaweed/seagrass from the DDMS site to final disposal sites. TASKS and DELIVERABLES: Task#1: Marine Debris Removal Task Description: The Grantee will subcontract the work to a qualified and licensed contractor, selected through the Grantee's procurement process. The debris clearing subcontractor will remove the debris from the canals identified in the chart above. The subcontractor will keep records of the amount of debris removed and any records associated with disposal of the removed material. Deliverables: The Grantee will remove marine debris from canals identified above (and optional additional canals if funds are available)in accordance with the debris removal contract document and provide reports with metrics showing the quantities(i.e.cubic yards)of debris that were removed from each canal and documentation of the proper management and disposal of all wastes (including hazardous wastes or materials)to establish compliance with applicable regulations. Performance Standard: The Department's Grant Manager will review the deliverables to verify that they meet the specifications in the Grant Work Plan and this task description.Upon review and written acceptance by the Department's Grant Manager of all deliverables under this task, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. Task Budget: $90,000.00 Task Start and End Dates: Start—execution date;End—06/21/19 Deliverable Due Date: All task related work must be completed by, and all deliverables must be received by, the task end date. Attachment 3-A,DEP Agreement#:SD005 4 of 6 Rev.4130/20 i 8 Task#2: Project Management and Disaster Related Services Task Description: The Grantee will subcontract the work to a qualified and licensed monitoring consultant, selected through the Grantee's procurement process. The consultant will monitor the contractor's removal of the debris from the canals. The consultant will keep records of the amount of debris removed and any records associated with disposal of the removed material and ensure the management of the project and disaster related services are in compliance with all state statutes and local ordinances. Deliverables: Completed project that is in compliance with all state statutes and local ordinances and copies of the records of the amount of debris removed and any records associated with disposal of the removed material. Performance Standard: The Department's Grant Manager will review the deliverable to verify that it meets the specifications in the Grant Work Plan and this task description.Upon review and written acceptance by the Department's Grant Manager of all deliverables under this task, the Grantee may proceed with payment request submittal. Payment Request Schedule: Grantee may submit a payment request for cost reimbursement upon completion of the task and Department approval of all associated task deliverables. Task Budget: $10,000.00 Task Start and End Dates: Start—execution date; End- 06/21/19 Deliverable Due Date: All task related work must be completed by, and all deliverables must be received by,the task end date. PROJECT TIMELINE: The tasks must be completed by the corresponding task end date and all deliverables must be received by the designated due date. Task) .. TasktEad, ,Dllver-atile: Deliverable 'Task Title; •• •'' Task StartDate: i -Date ' e iev Date J Marine Debris Removal Execution date 06/21/19 1 06/21/2019 2 Project Management/Oversight . Execution date 06/21/19 06/21/2019 BUDGET DETAIL BY TASK: TaskNo: r_udgetCategory. Bpdget:Amount W 1 Contractual Services $90,000 TotaEforjTask v:: '_ $90;000)-; 2 Contractual Services $10,000 _ .. _ _ _ _. Total for Task.. $10;000' . Attachment 3-A,DEP Agreement#:SD005 5 of 6 Rev.4/30/2018 PROJECT BUDGET SUMMARY: Cost reimbursable grant funding must not exceed the category totals for the project as indicated below. ;r . Gategoiy Totals •0xai f,Rup1Uit I�tut3fo$xcec ;'$i Contractual Services Total $100,000 . _ Total: . _'.$100;000. - ._ .-._. _ . _-' _ _ .REMAINDER OF PAGE INTENTIONALLY LEFT BLANK • Attachment 3-A,DEP Agreement#:SD005 6 of 6 Rev.4/30/2018