3rd Amendment 04/30/2021 AMENDMENT NO.3
TO AGREEMENT NO.LP44074
BETWEEN
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
AND
MONROE COUNTY
This Amendment to Agreement No. Agreement LP44074, as previously amended, (Agreement) is made by
and between the Department of Environmental Protection (Department), an agency of the State of Florida, and
Monroe County (Grantee),on the date last signed below.
WHEREAS, the Department entered into the Agreement with the Grantee for Monroe County Marine Debris
Removal,effective September 5,2018;and amended January 7,2019 and October 15,2019,and
WHEREAS, funding in the amount of: (1) $4,000,000 was provided under Line Item 1593A of the 2017-2018
General Appropriations Act, (2) $1,500,000 was provided under Line Item 1580A of the 2018-2019 General
Appropriations Act, and (3) $1,800,000 was provided under Line Item 1660A of the 2019-20 General
Appropriations Act for Monroe County Marine Debris Removal, ("Project");and,
WHEREAS, the Grantee has requested a reduction in funds, a reallocation of the budget for the project, and
extension of the Agreement to complete the additional work;and,
WHEREAS, the grant amount is hereby reduced by $1,299,235.11, and the adjusted total grant amount is
$6,000,764.89;and
NOW THEREFORE,the parties agree as follows:
1. The Agreement is effective until December 31, 2022. The reimbursement period for this Agreement begins
on July 1, 2017 and ends at the expiration of the Agreement. The Department and the Grantee shall
continue to perform their respective duties during this extension period pursuant to the same terms and
conditions provided in the Agreement.
2. Attachment 3-2,Revised Grant Work Plan,is hereby deleted in its entirety and replaced with Exhibit A-
3, 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 Exhibit A-3, Revised Grant
Work Plan.
3. Attachment 5-1, Revised Special Audit Requirements, is hereby deleted in its entirety and replaced with
Attachment 5-2, Revised Special Audit Requirements, attached hereto and made a part of the
Agreement. All references in the Agreement to Attachment 5, shall hereinafter refer to Attachment 5-2,
Revised Special Audit Requirements.
4. 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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No.LP0074 Amendment No. 3,Page 1 of 2
IN WITNESS WHEREOF,the parties have caused this amendment to Agreement No.LP44074 to be duly executed,
the day and year last written below.
MONROE COUNTY STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
Digitally signed by Trina Vielhauer
\/
/✓ Trina Vielhauer Date:2021.05.07 13:43:29-04'00'
Roman Gastesi, County Administrator Trina Vielhauer,Division Director
Date: April 30, 2021 Date:
ha� Digitally signed by Susan Leitholf
NRO P E COUNTY ATTOFI'NEY Susan Lelthol Date:2021.05.07 07:49:56-04'00'
lC7V FCl Sue Leitholf,DEP Grant Manager
Digitally signed by Sandra
PE-D j. Sandra Waters Waters
"` l�';�
* � Date:2021.05.07 08:20:49-04'00'
Date 3/12/21 Sandra Waters,DEP QC Reviewer
List of attachments/exhibits included as part of this Amendment:
Letter/
Specify Type Number Description(include number of pages)
Exhibit A-3 Revised Grant Work Plan(3 Pages)
Attachment 5-2 Revised Special Audit Requirements(6 Pages)
DEP Agreement No.LP0074 Amendment No.3,Page 2 of 2
EXHIBIT A-3
REVISED GRANT WORK PLAN
PROJECT TITLE: Monroe County Marine Debris Removal and Management
PROJECT LOCATION: The Project will be located within canals in unincorporated Monroe County.
PROJECT BACKGROUND: On September 10, 2017 the Florida Keys were 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 estimated 500+ canals throughout the Keys adjacent to the damaged homes and
properties as a result of the hurricane force winds.
Monroe County(Grantee)requested and received funding assistance from the United States Department of
Agriculture (USDA) National Resources Conservation Service (MRCS) Emergency Watershed Program
(EWP). This program provided public assistance funds for disaster response related marine debris removal
and disposal operations.
Tasks 1 and 2 (now complete) began in August 2018 and continued through to October 2019. A total of
247 canals were ultimately approved by NRCS in Monroe County,the City of Marathon and the Village of
Islamorada for clearing, and were cleaned of debris, with a grand total of 16,380 Cubic Yards (CY) of
debris removed.
Tasks 3 and 4 will cover marine debris removal services as a result of Hurricane Irma from up to 108 canals
in unincorporated Monroe County, which are canals not covered under the USDA NRCS EWP marine
debris and sediment removal project.
PROJECT DESCRIPTION: The Grantee's contractors will monitor the removal and remove marine
debris and sediment from canals.Work includes the identification of locations in the water where significant
marine debris exists, locating, removing,monitoring the removal, and transporting of the marine debris to
debris sites.
The definition of marine debris includes:
• 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;
• Organic material, sand or silt deposited into the canals as a result of Hurricane Irma;
• Traps and other man-made materials, and floating structures.
The Grantee will also utilize a contractor to provide project management to confirm compliance with NRCS
requirements and all state statutes and local ordinances. The Grantee's consultant shall provide project
management and disaster related services in canals and temporary debris management area(TDMA) sites.
The consultant will oversee the contractor activity and manage the marine debris site and address daily
safety reports and corrective action recommendations. In addition, the Grantee will monitor the activities
conducted under local, state and federal permit requirements for applicable marine debris removal work.
DEP Agreement No. LP44074, Exhibit A-3, Page 1 of 3
TASKS:
All documentation should be submitted electronically unless otherwise indicated.
Task 1: Marine Debris Removal USDA NRCS EWP (COMPLETE)
Deliverables: The Grantee will remove marine debris from canals in accordance with the debris removal
contract document.
Documentation: The Grantee will submit with each payment request a signed acceptance of the
completed work to date by the Grantee and 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 documentation to verify that
the deliverables are completed as described above. Upon review and written acceptance by the
Department's Grant Manager,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 2: Proiect Management and Disaster Related Services USDA NRCS EWP (COMPLETE)
Deliverables: The Grantee will utilize a contractor to provide project management and other disaster
related services to confirm compliance with NRCS requirements and all state statutes and local
ordinances.
Documentation: The Grantee will submit interim progress status summaries including summary of
inspections,meeting minutes and field notes, as applicable.
Performance Standard: The Department's Grant Manager will review the documentation to verify that
the deliverables are completed as described above. Upon review and written acceptance by the
Department's Grant Manager,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 3: Marine Debris Removal—Not Covered by USDA NRCS EWP
Deliverables: The Grantee will remove marine debris from canals in accordance with the debris removal
contract document.
Documentation: The Grantee will submit with each payment request a signed acceptance of the completed
work to date by the Grantee and 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 documentation to verify that
the deliverables are completed as described above. Upon review and written acceptance by the
Department's Grant Manager,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.
DEP Agreement No. LP44074, Exhibit A-3, Page 2 of 3
Task 4: Project Management, Monitoring and Disaster Related Services — Not Covered by USDA
NRCS EWP
Deliverables: The Grantee will utilize a contractor to provide monitoring, project management and other
disaster related services to confirm compliance with FDEP requirements and all state statutes and local
ordinances.
Documentation: The Grantee will submit interim progress status summaries including summary of
inspections,meeting minutes and field notes, as applicable.
Performance Standard: The Department's Grant Manager will review the documentation to verify that
the deliverables are completed as described above. Upon review and written acceptance by the
Department's Grant Manager,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.
PROJECT TIMELINE &BUDGET DETAIL: The tasks must be completed by,and all documentation
received by,the corresponding task end date.
Task Budget Budget Task Start Task End
No. Task Title Category Amount Date Date
1 Marine Debris Removal Contractual $5,137,785.03 07/01/2017 10/31/2019
—USDA NRCS EWP Services
Project Management and
2 Disaster Related Contractual $177,299.86 07/01/2017 10/31/2019
Services—USDA NRCS Services
EWP
Marine Debris Removal Contractual
3 —Not Covered by USDA Services $150,000.00 07/01/2017 6/30/2022
NRCS EWP
Project Management,
Monitoring and Disaster Contractual
4 Related Services—Not Services $535,680.00 07/01/2017 6/30/2022
Covered by USDA
NRCS EWP
Total: $6,000,764.89
Note that,per Section 4 of the Agreement, authorization for continuation and completion of work and any
associated payments may be rescinded, with proper notice, at the discretion of the Department if the
Legislature reduces or eliminates appropriations. Extending the contract end date carries the risk that funds
for this project may become unavailable in the future. This should be a consideration for the Grantee with
this and future requests for extension.
DEP Agreement No. LP44074, Exhibit A-3, Page 3 of 3
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Revised Special Audit Requirements
(State and Federal Financial Assistance)
Attachment 5-2
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the 'Department", 'DEP", "FDEP"or "Grantor", or other name in the agreement)to the recipient(which may be
referred to as the "Recipient", "Grantee"or other name in the agreement) may be subject to audits and/or monitoring
by the Department of Environmental Protection,as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and
Section 215.97, F.S., as revised (see "AUDITS"below), monitoring procedures may include,but not be limited to,
on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By
entering into this Agreement,the recipient agrees to comply and cooperate with any monitoring procedures/processes
deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental
Protection determines that a limited scope audit of the recipient is appropriate,the recipient agrees to comply with any
additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees
to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief
Financial Officer(CFO)or Auditor General.
AUDITS
PART L• FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR
§200.330
1. A recipient that expends$750,000 or more in Federal awards in its fiscal year,must have a single or program-
specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F.EXHIBIT 1 to this
Attachment indicates Federal funds awarded through the Department of Environmental Protection by this
Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all
sources of federal awards, including federal resources received from the Department of Environmental
Protection. The determination of amounts of federal awards expended should be in accordance with the
guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in
accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part.
2. For the audit requirements addressed in Part I,paragraph 1,the recipient shall fulfill the requirements relative
to auditee responsibilities as provided in 2 CFR 200.508-512.
3. A recipient that expends less than$750,00 in federal awards in its fiscal year is not required to have an audit
conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the
recipient expends less than$750,000 in federal awards in its fiscal year and elects to have an audit conducted
in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements,the cost of the audit must
be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other federal entities.
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance(CFDA)via the
intemet at wwwocfdLgov
Attachment 5-2
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BGS-DEP 55-215 revised 7/2019
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2),Florida Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the
recipient must have a State single or project-specific audit for such fiscal year in accordance with Section
215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental
Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the
recipient shall consider all sources of state financial assistance,including state financial assistance received
from the Department of Environmental Protection, other state agencies, and other nonstate entities. State
financial assistance does not include federal direct or pass-through awards and resources received by a
nonstate entity for Federal program matching requirements.
2. In connection with the audit requirements addressed in Part II,paragraph 1;the recipient shall ensure that the
audit complies with the requirements of Section 215.97(8),Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local
governmental entities)or 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General.
3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year(for fiscal year ending
June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97,
Florida Statutes,is not required. In the event that the recipient expends less than$750,000 in state financial
assistance in its fiscal year,and elects to have an audit conducted in accordance with the provisions of Section
215.97,Florida Statutes,the cost of the audit must be paid from the non-state entity's resources(i.e.,the cost
of such an audit must be paid from the recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance(CSFA),a recipient should access
the Florida Single Audit Act website located at hops://a s.fldfs.com/fsaa for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website at
htt ://www.leg.sttite.fl.us/Welcome/irldex.cfm, State of Florida's website at htt ://www.mvflorida.com/,
Department of Financial Services' Website at http://www.fldfs.com/and the Auditor General's Website at
htt ://www.mi,florida.com/aud2en/.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy(i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8),Florida Statutes,
State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted
in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for
funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit
Requirements,and required by PART I of this form shall be submitted,when required by 2 CFR 200.512,by
or on behalf of the recipient directly to the Federal Audit Clearinghouse(FAC)as provided in 2 CFR 200.36
and 200.512
A. The Federal Audit Clearinghouse designated in 2 CFR§200.501(a)(the number of copies required by
2 CFR§200.501(a)should be submitted to the Federal Audit Clearinghouse),at the following address:
Attachment 5-2
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BGS-DEP 55-215 revised 7/2019
By Mail:
Federal Audit Clearinghouse
Bureau of the Census
1201 East loth Street
Jeffersonville,IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can
be found at http://harvester.census. ov/facweb/
2. Copies of financial reporting packages required by PART 11 of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
Electronically:
FDEPSingleAuditLd,dep.state.fl.us
B. The Auditor General's Office at the following address:
Auditor General
Local Government Audits/342
Claude Pepper Building,Room 401
111 West Madison Street
Tallahassee,Florida 32399-1450
The Auditor General's website(http://flauditoL.gov/)provides instructions for filing an
electronic copy of a financial reporting package.
3. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at one of the following
addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
Electronically:
FDEPSingleAuditLd,dep.state.fl.us
4. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR
200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations),Rules of the Auditor General,as applicable.
Attachment 5-2
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BGS-DEP 55-215 revised 7/2019
5. Recipients,when submitting financial reporting packages to the Department of Environmental Protection for
audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or Chapters 10.550 (local
governmental entities) and 10.650 (non and for-profit organizations), Rules of the Auditor General, should
indicate the date and the reporting package was delivered to the recipient correspondence accompanying the
reporting package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this
Agreement for a period of five (5)years from the date the audit report is issued, and shall allow the Department of
Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon
request. The recipient shall ensure that audit working papers are made available to the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years
from the date the audit report is issued,unless extended in writing by the Department of Environmental Protection.
Attachment 5-2
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BGS-DEP 55-215 revised 7/2019
EXHIBIT—1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Note:If the resources awarded to the recipient represent more than one federal program,provide the same information shown below for each federal program
and show total federal resources awarded
Federal Resources Awarded to the Reci ient Pursuant to this Agreement Consist of the Following:
Federal State
Program CFDA Appropriation
A Federal Agency Number CFDA Title Funding Amount Category
Federal State
Program CFDA Appropriation
B Federal Agency Number CFDA Title Funding Amount Cate go
Note:Of the resources awarded to the recipient represent more than one federal program,list applicable compliance requirements for each federal program in
the same manner as shown below:
Federal
Program First Compliance requirement:i.e.:(what services of purposes resources must be used for)
A
Second Compliance requirement:i.e.:(eligibility requirement for recipients of the resources)
Etc.
Etc.
Federal
Program First Compliance requirement:i.e.:(what services of purposes resources must be used for)
B
Second Compliance requirement:i.e.:(eligibility requirement for recipients of the resources)
Etc.
Etc.
Attachment 5-2,Exhibit 1
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Note:If the resources awarded to the recipient for matching represent more than one federal program,provide the same information shown below for each
ederal program and show total state resources awarded or matching.
State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Matching Resources for Federal Pro rams:
Federal State
Program Appropriation
A Federal Agency CFDA CFDA Title Funding Amount Category
Federal State
Program Appropriation
B Federal Agency CFDA I CFDA Title 1 Funding Amount 1 Cate o
Note:If the resources awarded to the recipient represent more than one state project,provide the same information shown below for each state project and show
total state financial assistance awarded that is subject to section 215.97,F.S.
State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Resources Subject to Section 215.97,F.S.:
State CSFA Title State
Program State CSFA or Appropriation
A State Awarding Agency Fiscal Year Number Funding Source Description Funding Amount Category
Original Department of Statewide Surface Water Restoration
Agreement Environmental Protection2017-2018 37039
. and Wastewater Projects $4,000,000 141115
Original Department of 2018-2019 37.039 Statewide Surface Water Restoration $1,500,000 141115
Agreement Environmental Protection and Wastewater Projects
Amendment Department of Statewide Surface Water Restoration
2 Environmental Protection2019-2020 37039
. and Wastewater Projects $1,800,000 141115
Amendment Department of Statewide Surface Water Restoration
3 Environmental Protection2017-2018 37039
. and Wastewater Projects ($1,299,235.11) 141115
State CSFA Title State
Program State CSFA or Appropriation
B State Awarding Agency Fiscal Year Number Funding Source Description Funding Amount Category
Total Award $6,000,764,.89
Note:List applicable compliance requirement in the same manner as illustrated above for federal resources.For matching resources provided by the
Department for DEP for federal programs,the requirements might be similar to the requirements for the applicable federal programs.Also,to the extent that
different requirements pertain to differentamountfor the non federal resources,there may be more than one,gronping(i.e.1,2,3,etc)listed under this category.
For each program identified above,the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance(CFDA)
[www.cfda.gov]and/or the Florida Catalog of State Financial Assistance(CSFA)[https://apps.Rdfs.com/fsaa/searchCatalo .as x],and State Projects Compliance
Supplement(Part Four: State Projects Compliance Supplement[https:HMps.fldfs.com/fsaa/state project compliance.asnx].The services/purposes for which the
funds are to be used are included in the Agreement's Grant Work Plan. Any match required by the Recipient is clearly indicated in the Agreement.
Attachment 5-2,Exhibit 1
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