Item L2 L.2
County f � .�� ��� BOARD OF COUNTY COMMISSIONERS
Mayor David Rice,District 4
Mayor Pro Tem Craig Cates,District 1
The Florida Keys '
Y � ��F' Michelle Coldiron,District 2
Vacant,District 3
--' Holly Merrill Raschein,District 5
County Commission Meeting
February 16, 2022
Agenda Item Number: L.2
Agenda Item Summary #10195
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Celia Hitchins (305)289-2505
No
AGENDA ITEM WORDING: Approval to Rescind Prior BOCC Approval, Made Pursuant to
Item No. T6 on the Board's September 15, 2021, Meeting Agenda, of Amendment No. 1 to the Grant
Agreement Between Monroe County and the Florida Department of Environmental Protection, to
Reimburse Monroe County for the County's Mobile Vessel Pumpout Service(s) Provided Between
July 1, 2021 - September 30, 2021.
ITEM BACKGROUND:
In coordination with the Florida Department of Environmental Protection ("FDEP", "DEP", or
"State"), the professional staff of the Planning and Environmental Resources Department's
("Department")Marine Resources Office placed item no. T6 on the agenda of the BOCC's
September 15, 2021, meeting. The substance of the item comprised of a first amendment to a grant
agreement between Monroe County and FDEP, to provide reimbursement for pumpout costs
between July 1, 2021 - September 30, 2021. The funding provided under the grant agreement
consisted of a line-item appropriation of the Florida Legislature ("Legislature") stemming from the
Legislature's 2020 legislative session. The BOCC approved this first amendment to the grant
agreement pursuant to item no. T6 on its September 2021 agenda, and the Mayor, on behalf of the
County, duly executed amendment no. 1 to said grant agreement. FDEP, however, did not
reciprocally execute amendment no. 1 to this grant agreement, and after the Mayor's execution of
said amendment, informed the Marine Resources Office's professional staff that the State, after
further consideration of this contemplated amendment, ultimately could not extend such funding
beyond its fiscal year ending June 30, 2021, due to extant restrictions associated with state
appropriation funding for projects of a recurring nature, and therefore could not approve, execute,
and render legally effective this first amendment to the County-State grant agreement. Funding for
pumpout services between July 1, 2021 - September 30, 2021, was paid from County Boating
Improvement("BIF") funds. The total funding amount was $85,108.18, which was a budgeted
expense anticipated for the subject service(s).
This amendment never took legal effect and was ultimately rendered a legal nullity as a result of the
State's decision never to reciprocally issue its timely approval/execution of the same. The
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Department has put this item on the BOCC's February 2022 agenda in order to assist the
professional staff of the Clerk of the Circuit Court, serving as the clerk of the Board of County
Commissioners, who while echoing that this amendment never took legal effect and was ultimately
rendered a legal nullity due to the State's failure to timely approve/execute it in return, requested the
Department's assistance in furnishing a rescission action item to evince what came of the unrequited
County approval of this amendment no. 1 to the grant agreement indicated in the minutes of the
BOCC's September 15, 2021, public meeting.
PREVIOUS RELEVANT BOCC ACTION:
January 2021 —Approval of a Grant Agreement with the Florida Department of Environmental
Protection ("FDEP").
September 2021 —Approval of Amendment No. 1 to the Grant Agreement with the FDEP.
CONTRACT/AGREEMENT CHANGES:
Yes
STAFF RECOMMENDATION: Approval of rescission of prior approval of Amendment No. 1 to
the Grant Agreement with FDEP.
DOCUMENTATION:
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date: N/A
Total Dollar Value of Contract: $325,000
Total Cost to County: $85,108.18 for pumpout services rendered between 7/1/2021 and
9/30/2021
Current Year Portion: N/A
Budgeted: Yes,paid by Boating Improvement Funds (BIF)
Source of Funds: BIF
CPI: n/a
Indirect Costs: n/a
Estimated Ongoing Costs Not Included in above dollar amounts: n/a
Revenue Producing: no If yes, amount:
Grant: yes
County Match: no
Insurance Required: yes
Additional Details:
No
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L.2
REVIEWED BY:
Michael Roberts Skipped 01/31/2022 1:51 PM
Emily Schemper Completed 01/31/2022 2:23 PM
Peter Morris Completed 02/01/2022 11:33 AM
Purchasing Completed 02/01/2022 11:37 AM
Budget and Finance Completed 02/01/2022 3:40 PM
Maria Slavik Completed 02/01/2022 4:30 PM
Liz Yongue Completed 02/01/2022 4:58 PM
Board of County Commissioners Pending 02/16/2022 9:00 AM
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