1st Amendment 12/08/2021 �- P
��t cOUoUaraeb�
p? Kevin Madok, cp
� a Clerk of the Circuit Court& Comptroller— Monroe County, Florida
DATE: January 18, 2022
TO: Rhonda Haag
Chief Resilience Officer
Liz Yongue
Executive Assistant
FROM: Pamela G. Hancock, D.C.
SUBJECT: December 8' BOCC Meeting
Attached is an electronic copy of the following item that has been signed by the County
Adiminstrator and the state and has been accepted for the record:
V 13 1 st Amendment to Revenue Grant Agreement No. LPA0089, with the Florida
Department of Environmental Protection, in the amount$51,391.35 for Canal 484 Construction
and Program Management Services; and also authorized the County Administrator to execute the
amendment.
Should you have any questions please feel free to contact me at (305) 292-3550.
cc: County Attorney_
Finance
File
KEY WET MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key Wiest,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key„Florida 33070
305-294-4641 3015-289-6027 305-852-7145 305-852-7145
AMENDMENT NO. 1
TO AGREEMENT NO.LPA0089
BETWEEN
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
AND
MONROE COUNTY
This Amendment to Agreement No. LPA0089, 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 Canal #84 Rock Harbor Canal
Organic Removal and Backfilling Restoration Project(Project),effective May 7,2021,and
WHEREAS, funding in the amount of $749.54 was provided under HB 447 in the 2016-2017 Fiscal Year, and
$1,299,235.11 was provided under Line Item 1580A of the 2019-2020 General Appropriations Act,for this Project;
and,
WHEREAS, $51,391.35 in additional funding for this Project is provided under Line Item 1660A of the 2019-2020
General Appropriations Act;and the total funding for this Agreement is now$1,351,376.
NOW THEREFORE,the parties agree as follows:
1. Attachment 3-1, Revised Grant Work Plan, is hereby deleted in its entirety and replaced with
Attachment 3-2, Revised Grant Work Plan, as attached to this Amendment and hereby incorporated into
the Agreement. All references in the Agreement to Attachment 3-1 shall hereinafter refer to Attachment
3-2,Revised Grant Work Plan.
2. Attachment 5, Special Audit Requirements is hereby deleted in its entirety and replaced with
Attachment 5-1, 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 5-1,
Revised Special Audit Requirements.
3. 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.LPA0089 Amendment No. 1,Page 1 of 2
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.
MONROE COUNTY STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
Digitally signed by Trina
/ Trina VielhauerVielhauer
By: „> t „ By: Date:2021.12.21 12:49:14-05'00'
Roman G�astesi, County Administrator Trina Vielhauer,Division Director
Date: December 15, 2021 Date:
Digitally signed by Susan
Susan LeitholfDate:te:2
Da 2021.12.21 08:10:50
-05'00'
Sue Leitholf,DEP Grant Manager
Digitally signed by Sandra Waters
Sandra Waters Date:2021.12.21 12:13:03-05'00'
Sandra Waters,DEP QC Reviewer
List of attachments/exhibits included as part of this Amendment:
Letter/
Specify Type Number Description(include number of pages)
Attachment 3-2 Revised Grant Work Plan(3 Pages)
Attachment 5-1 Revised Special Audit Requirements(6 Pages)
Approved as to form and legal sufficiency:
Monroe County Attorney's Office
Assistant County Attorney 12-2-2021
DEP Agreement No.LPA0089 Amendment No. 1,Page 2 of 2
ATTACHMENT 3-2
REVISED GRANT WORK PLAN
PROJECT TITLE: Canal 484 Rock Harbor Canal Organic Removal and Backfilling Restoration Project
PROJECT LOCATION: The Project will mainly be located in the Rock Harbor neighborhood,which is
located within the unincorporated area of Key Largo, Monroe County; Lat/Long (25.0451, -80.488). See
Figure 1 for a location map
PROJECT BACKGROUND: In 2013, Monroe County (Grantee) completed a comprehensive Canal
Management Master Plan(CMMP)in order to provide a framework to identify,prioritize,and correct water
quality impairments within the entire Florida Keys canal network. In total, out of 502 canals, 171 canals
received a Good water quality classification, but 180 received only a Fair classification, and 131 received
the lowest Poor classification. Canals receiving a Poor classification were scored and ranked using specific
canal attributes in order to provide a list of high priority canals which were suitable for consideration of
various public works restoration projects. Much work has been completed in restoring these Poor canals
however additional management and planning is required to continue the program including coordinating
with the Department of Economic Opportunity on the implementation of the Canal Work Program,
attending meetings with stakeholders and preparing grants for execution of the projects.
Canal 484 in Key Largo was identified as a Poor canal that is filled with organic sediment,has deep pockets,
lacks oxygen, and needs restoration. Much work has already been accomplished by Monroe County in
implementing seven canal restoration projects that included air curtains, culverts, organic removal, and
backfilling.
PROJECT DESCRIPTION: The Grantee will restore Canal 484 in Rock Harbor through the removal of
organic material in the form of degraded seaweed that has accumulated in the back end of the canal, and
backfilling to raise the canal bottom to 6 feet below the Mean Sea Level, which is the optimum depth to
allow for tidal flow in and out of the canal. These improvements are anticipated to restore the impaired
waters of the canal and bring the dissolved oxygen levels up to meet marine water quality standards.
TASKS:
All documentation should be submitted electronically unless otherwise indicated.
Task 1: Proiect Management
Deliverables: The Grantee will perform project management, including field engineering services,
construction observation, site meetings with construction contractor(s) and design professionals, and
overall project coordination and supervision.
Documentation: The Grantee will submit interim progress status summaries including summary of
inspection(s),meeting minutes and field notes, as applicable.
Performance Standard: The Department's Grant Manager will review the documentation to verify that
the deliverables have been 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. LPA0089,Attachment 3-2, Page 1 of 3
Task 2: Construction
Deliverables: The Grantee will complete the Canal 484 Rock Harbor Canal Organic Removal and
Backfilling Restoration Project in accordance with the construction contract documents.
Documentation: The Grantee will submit: 1) a signed acceptance of the completed work to date, as
provided in the Grantee's Certification of Payment Request; and 2) a signed Engineer's Certification of
Payment Request.
Performance Standard: The Department's Grant Manager will review the documentation to verify that
the deliverables have been 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. Cost
reimbursable grant funding must not exceed the budget amounts as indicated below.
Task Task Title Budget Grant Task Start Task End
No. Category Amount Date Date
1 Project Management Contractual Services $ 101,376 07/01/2020 06/30/2022
2 Construction Contractual $1,250,000 07/01/2020 06/30/2022
Services
Total: $1,351,376.00
DEP Agreement No. LPA0089, Attachment 3-2, Page 2 of 3
Figure 1. Location map
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DEP Agreement No. LPA0089,Attachment 3-2, Page 3 of 3
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Revised Special Audit Requirements
(State and Federal Financial Assistance)
Attachment 5-1
The administration of resources awarded by the Department of Environmental Protection(which may be referred to
as the 'Department", 'DEP", "EDEP"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$750,000 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 mist 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
internet at www.cLda.gov
Attachment 5-1
1 of 6
BGS-DEP 55-215 revised 7/2019
PART IL• 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 11,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 hts://ass.fldfs.com/fsaa for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website at
http://www.leg.state.fl.us/Welcome/itidex.cfml State of Florida's website at http://www.miflorida.com/,
Department of Financial Services' Website at ht ://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 sped 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 5-1
2 of 6
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://h irvester.ceitsus. ov/faeweb/
2. Copies of financial reporting packages required by PART II 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:
FDEPSingleAudit(t�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://flauditor.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:
FDEPSingleAudit(t�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 5-1
3 of 6
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 5-1
4 of 6
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 Category
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 5-1,Exhibit 1
5 of 6
BGS-DEP 55-215
Revised]/2019
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 for 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 mancial 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 Protection2016-2017 37039
. and Wastewater Projects $749.54 141115
Original Department of Statewide Surface Water Restoration
Agreement Environmental Protection2019-2020 37039
. and Wastewater Projects $1,299,235.11 141115
Amendment Department of Statewide Surface Water Restoration
1 Environmental Protection2019-2020 37039
. and Wastewater Projects $51,391.35 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 $1,351,376.00
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 different amount for the non-federal resources,there may be more than one grouping(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)[h!!Us:Hal2l2s.fldfs.com/fsaa/searchCatal2g,==aspx],and State Projects Compliance
Supplement(Part Four: State Projects Compliance Supplement[https:HaFrps.fldfs.com/fsaa/state project compliance.aspx].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.
'Subject to change by Change Order.
2 Subject to change by Change Order.
Attachment 5-1,Exhibit 1
6 of 6
BGS-DEP 55-215
Revised]/2019