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4th Amendment 12/08/2021 v. COUgTa�)(1 la”'""'',Vo Kevin Madok, CPA t'�; `{��v = Clerk of the Circuit Court& Comptroller—Monroe County, Florida DATE: January 19, 2022 TO: Rhonda Haag Chief Resilience Officer Liz Yongue Executive Assistant FROM: Pamela G. Hanco3.C. SUBJECT: December 8th BOCC Meeting Attached is an electronic copy of the following item, executed by the County Administrator and the state, that has been added to the record: V12 4th Amendment to the Revenue Grant Agreement No. LP44074 with the Florida Department of Environmental Protection to authorize a$51,391.35 reduction of funds to be reallocated to grant LPA0089; also granted authorization for the County Administrator to sign any necessary documents, including this amendment. 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.4 TO AGREEMENT NO.LP44074 BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND MONROE COUNTY This Amendment to Agreement No. 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(Project),effective September 5,2018; and amended January 7,2019, October 15,2019, and May 7,2021, 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 this Project; and, WHEREAS,the grant amount was reduced by$1,299,235.11 under Amendment 3; and WHEREAS, the Grantee has requested another reduction in funds and a reallocation of the budget for the project; and, WHEREAS, the grant amount is hereby further reduced by $51,391.35, and the adjusted total grant amount is $5,949,373.54; and NOW THEREFORE,the parties agree as follows: 1. Attachment 3-4, Revised Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment 3-5,Revised Grant Work Plan, as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 3-4 shall hereinafter refer to Attachment 3-5,Revised Grant Work Plan. 2. Attachment 5-2,Revised Special Audit Requirements,is hereby deleted in its entirety and replaced with Attachment 5-3, Revised Special Audit Requirements, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment 5-2,shall hereinafter refer to Attachment 5-3, 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.LP44074 Amendment No.4,Page i 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 Vielhauer By:_� '- rr. .0 By: Trina Vielhauer Date:2021.12.2112:50:16-05'00' Rb'man Gastes County Administrator Trina Vielhauer,Division Director Date: December 15, 2021 Date: Digitally signed by Susan Susan Leitholf Leitholf Date:2021.12.21 08:10:09-05'00' Sue Leitholf,DEP Grant Manager Digitally signed by Sandra Waters Sandra WaterS Date:2021.12.21 12:12:38-05'00' 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 3-5 Revised Grant Work Plan(3 Pages) Attachment 5-3 Revised Special Audit Requirements(6 Pages) Approved as to form and legal sufficiency: Monroe County Attorney's Office ;44't.ffo Assistant County Attorney 12-3-2021 DEP Agreement No.LP44074 Amendment No.4,Page 2 of 2 ATTACHMENT 3-5 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: x 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; x Organic material, sand or silt deposited into the canals as a result of Hurricane Irma; x 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,Attachment 3-5, Page 1 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: Project 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,Attachment 3-5, Page 2 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 $429,558.44 07/01/2017 6/30/2022 NRCS EWP Project Management, Monitoring and Disaster Contractual 4 Related Services—Not Services $204,730.21 07/01/2017 6/30/2022 Covered by USDA NRCS EWP Total: $5,949,373.54 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,Attachment 3-5, Page 3 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Revised Special Audit Requirements (State and Federal Financial Assistance) Attachment 5-3 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 I: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 I 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 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 internet at www.cfda.uov Attachment 5-3 1 of 6 BGS-DEP 55-215 revised 12/14/2020 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 691-5, 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 https://a1212s.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.le, state.fl.us/Kelcome/index.cfnn, State of Florida's website at http://www.mvflorida.com/, Department of Financial Services' Website at http://www.ftdfs.com/and the Auditor General's Website at littp://www.m,vflorida.com/ai-id�eii/. 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 5-3 2of6 BGS-DEP 55-215 revised 12/14/2020 By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th 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 athttp://harvester.census.gov/fieweb/ 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((Mep.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.lov)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((Mep.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 5-3 3of6 BGS-DEP 55-215 revised 12/14/2020 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. 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