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Item L7
L.7 Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS �� Mayor David Rice,District 4 The Florida Keys � Mayor Pro Tem Craig Cates,District 1 y � Michelle Coldiron,District 2 James K.Scholl,District 3 Ij Holly Merrill Raschein,District 5 County Commission Meeting October 19, 2022 Agenda Item Number: L.7 Agenda Item Summary #11221 BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2500 n/a AGENDA ITEM WORDING: Approval of the 2022 Monroe County Area of Critical State Concern (ACSC) Annual Work Program Report, Pursuant To Rule 28-20.140, Florida Administrative Code, Which Will Be Sent to the Department of Economic Opportunity. ITEM BACKGROUND: Attached is the Monroe County 2022 ACSC Annual Work Program Progress Report ("Report"), pursuant to Rule 28-20.140, Florida Administrative Code ("F.A.C."). The Report (see attached matrix) includes Monroe County comments (4tn and 5tn columns) related to progress that has been made over the past year toward the tasks in the Work Program. The State Land Planning Agency — the Department of Economic Opportunity (formerly the Department of Community Affairs) — will use the information provided by Monroe County to develop its Area of Critical State Concern Annual Report to the Administration Commission (i.e., the Governor and Cabinet), pursuant to Section 380.0552(4), Florida Statutes ("F.S."), and Rule 28-20.140(3)(a.), F.A.C. The Annual Report is reviewed by the Administration Commission to evaluate the progress each governmental entity has made toward achieving the Work Program's task objectives, and to determine whether to recommend a decrease in annual allocations for housing units. In 2019, the Florida Administration Commission authorized the Department of Economic Opportunity to initiate rulemaking to revise the Work Program for Monroe County. The revised Work Program is included in Administration Commission Rule 28-20.140, F.A.C., which became legally effective on November 26, 2020. This revised Work Program eliminated certain completed tasks and created a new Work Program section for Canal Restoration Implementation beginning in November 2020 through the year 2030 which includes: 1. Updating the 2013 Canal Management Master Plan; 2. Development and adoption of guidelines to select canals for restoration; 3. Identification and evaluation of potential funding sources for canal restoration; 4. Annual identification of selected canal restoration projects; 5. Annual requirement to apply for funding; Packet Pg.4142 L.7 6. Annual allocation of funding for canal restoration; 7. Annual report of which canal restoration projects have been initiated and which projects were completed; 8. Preparation of a plan to assess the effectiveness of restoration projects completed; and 9. Annual assessment of restoration projects (i.e.,water quality monitoring reports). In summary, Rule 28-20.140, F.A.C., includes a revised Work Program for Monroe County with thirty (30) tasks to complete (between 2020 until 2030) under four major topics: 1. Carrying Capacity Study Implementation; 2. Wastewater Implementation; 3. Wastewater Project Implementation; and 4. Canal Restoration Implementation. The current reporting year has eight (8) tasks for Monroe County to complete, and the County has achieved all 8 of the Work Program tasks. The attached Report (matrix provided by the State to the County)includes two (2) incomplete but in progress tasks from prior reporting years, as follows: Incomplete but in progress: • Two (2) Incomplete Wastewater Tasks: Complete all remaining connections to the South Lower Keys WWTP and Cudjoe Regional WWTP o South Lower Keys WWTP (Big Coppitt)—92% connected o Cudjoe Regional WWTP— 88% connected Contributors to the Annual Report include: The Monroe County Planning and Environmental Resources Department, the Monroe County Land Authority, the Monroe County Public Works and Engineering Department, the Monroe County Code Compliance Department, the Monroe County Office of Sustainability/Canal Restoration, the Florida Keys Aqueduct Authority, and the Key Largo Wastewater Treatment District. PREVIOUS RELEVANT BOCC ACTION: On July 17, 2013, the Monroe County Board of County Commissioners (`BOCC') directed staff to write a letter to the Administration Commission to request that Rule 28-20.140, F.A.C., be amended to remove the requirement to adopt the Tier Overlay Zoning Maps into the Comprehensive Plan. On February 19, 2014, the BOCC directed staff to write a letter to DEO to request that Rule 28-20.140, F.A.C., be amended to require the adoption the Tier Overlay Zoning Maps into the Comprehensive Plan upon requesting the removal of the designation. On September 17, 2014, the BOCC approved the 2014 Monroe County Area of Critical State ("ACSC) Annual Work Program Report,pursuant to Rule 28-20.140, F.A.C.,which was submitted to DEO. On November 17, 2015, the BOCC approved the 2015 Monroe County ACSC Annual Work Program Report,pursuant to Rule 28-20.140, F.A.C.,which was submitted to DEO. On September 21, 2016, the BOCC approved the 2016 Monroe County ACSC Annual Work Program Report,pursuant to Rule 28-20.140, F.A.C.,which was submitted to DEO. On October 18, 2017, the BOCC approved the 2017 Monroe County ACSC Annual Work Program Report,pursuant to Rule 28-20.140, F.A.C.,which was submitted to DEO. Packet Pg.4143 L.7 On November 20, 2018, the BOCC approved the 2018 Monroe County ACSC Annual Work Program Report,pursuant to Rule 28-20.140, F.A.C.,which was submitted to DEO. On August 21, 2019, the BOCC approved the 2019 Monroe County ACSC Annual Work Program Report,pursuant to Rule 28-20.140, F.A.C.,which was submitted to DEO. On October 21, 2020,the BOCC approved the 2020 Monroe County ACSC Annual Work Program Report,pursuant to Rule 28-20.140, F.A.C.,which was submitted to DEO. On October 20, 2021,the BOCC approved the 2020 Monroe County ACSC Annual Work Program Report,pursuant to Rule 28-20.140, F.A.C.,which was submitted to DEO. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval. DOCUMENTATION: 2022 Monroe County Annual Report Matrix 5a2 - MCLA Acquisition Report and Budget Status 5a3 - MCLA MOA and VHBP Invoices 5d5 - Canal projects Implementation sheets and Grant Application rev 5d6 - Grant agreements 5d7 - Adopted FY22 Budget and CIP & Ord 005-2022 CIE Update FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: N/A Additional Details: Packet Pg.4144 L.7 REVIEWED BY: Emily Schemper Completed 10/04/2022 12:06 PM Peter Morris Completed 10/04/2022 3:24 PM Purchasing Completed 10/04/2022 3:26 PM Budget and Finance Completed 10/04/2022 3:39 PM Brian Bradley Completed 10/04/2022 3:42 PM Lindsey Ballard Completed 10/04/2022 3:51 PM Board of County Commissioners Pending 10/19/2022 9:00 AM Packet Pg.4145 0 � a= � C � O a) O L m E 0 � a) �L E a U Q O p M C M E O p C 0 Q -o a d T O ° E m O � � o O O p > Q C 0 -0 o ID Y C w w ILLfj Y6 C a) `U a 0 M ° M M U a) a)L E L a O ID y O W M CO O O- O O a u, H C Z°)J .-�Efl C L (r a)O y a) a) N O w W y O a ° -° .Lo. 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Q N V (D 0 a) tp � a) a) c o -O E Q O of00 al a) � + ++ > m c — O O O O O y O y w w '~ 4- R C 7 'a D U V! w N 3 U U N N y E N coy p 7 � � L O > R R y y 00 V U s nnn E Oss 7 3 3 3 0 00 0 S t0 t0 al y a) O_ COcu U) U) U) H (n c6 R w N C f3p al C' C'N N 'ar N y y y m m c6 c6 V V R y va N r r C C 0 L U � C. C.y, V 3 (p O O O O O O ca R o y J N aL+ aL+ y U) O fp a+ 7 7 c0 c0 a) y O Q Q V V U) m U U U O y L R R O O n a a) a) CL O L fA N O Y Y Y Y U) C. L L V C. O O O O O O �� O O pp rUUUU = y -a -2 } O O O O w o 0 L L L L m m N O O O O O O Q a) y co o C H H H H M z L.7.b Monroe County Land Authority FY 2022 Budget Status as of August 31, 2022 Acquisitions Within FL Keys Area of Critical State Concern General Acquisitions Budget $ 8,596,341 Less expenditures $ (5,535,625) Less encumbered funds $ (782,806) Balance $ 2,277,909 Reserve for ROGO Administrative Relief Budget $ 3,293,248 0 Less expenditures $ - Less encumbered funds $ - Balance $ 3,293,248 General Reserves Contingency $ 500,000 End of Year Cash $ 500,000 N c� Acquisitions Within Key West Area of Critical State Concern Budget $ 11,492,441 Less expenditures $ (4,507,916) Less encumbered funds $ - Balance $ 6,984,525 0 ,A c� U N M LO c� Packet Pg.4153 KFYS 2017 MOA 2017 MEMORANDUM OF AGREEMENT FLORIDA FOREVER KEYS PROJECTS MONROE COUNTY This Memorandum of Agreement ("Agreement") is made and entered into by and between Monroe County, Florida, a political subdivision of the State of Florida ("County"), and the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida ("Trustees"). The Trustees' agent in all matters shall be the State of Florida Department of Environmental Protection ("DEP"), Division of State Lands("DSL"). WHEREAS, the parties entered into a Memorandum of Agreement dated November 21, 2016 (hereinafter"2016 MOA")which is now superseded by this new Agreement; and WHEREAS, the parties acknowledge their successful partnership in the acquisition of lands W a within Florida Forever projects in the Florida Keys pursuant to the 2016 MOA; and 0 WHEREAS, the parties also acknowledge the need to retire development rights both inside and 0 outside the Florida Forever projects in the Florida Keys in light of the fact that the number of undeveloped, privately owned parcels in the Florida Keys far exceeds the number of Rate of Growth Ordinance allocations the County is allowed to issue through 2023 pursuant to the Rule 28-20.140 of the Florida Administrative Code, as adopted by the Governor and Cabinet sitting as the Administration Commission;and C14 C®1 Q WHEREAS, the parties wish to pursue a modified partnership whereby, generally speaking, zl� State funds will be used to acquire those lands within the Florida Forever projects and County funds will U) 0 be used to acquire those lands outside Florida Forever projects;and 0 WHEREAS, on behalf of the Trustees, DSL is in the process of acquiring property located within the project boundary for the Florida Keys Ecosystem, Coupon Bight/Key Deer, and North Key X Largo Hammocks Florida Forever Projects in accordance with Chapter 259, Florida Statutes > (collectively referred to herein as the"Projects"); and WHEREAS, the parties agree that it is in the best interests of the state for County and DSL to 0 cooperate on certain aspects of the acquisition of these Projects;and WHEREAS, County has agreed to take the lead in negotiating the acquisition of some of the U 2 parcels within the Projects, ordering pre-acquisition due diligence products, including but not limited to M appraisals, boundary surveys or sketches, title search products, environmental assessments and the like in M order to facilitate the Trustees' acquisition of the parcels. LO NOW,THEREFORE, in consideration of the mutual benefits to County and DSL it is agreed as E follows: cis 1. Intent of the Parties. The above recitals are true and correct and are incorporated herein by the reference. The parties intend for this Agreement to serve as an acquisition agreement between them as authorized and contemplated by Rule 18-1.014, Florida Administrative Code. This Agreement supersedes any and all prior agreements, arrangements, or delegations between the parties related to the subject matter described herein. 2. Parcels Covered by this Agreement.This Agreement shall only apply to parcels located within the Projects and specifically described on Exhibit "A" attached hereto. Exhibit "A" may be amended from time to time to include additional parcels, delete parcels or reprioritize parcels as needed. Exhibit"A" shall be deemed a part of the negotiation strategy documenting offers and counteroffers, and Page 1 of 8 Packet Pg.4154 thus treated as confidential and exempt from section 119.07(1), Florida Statutes, as described in subsection 253.025(9)(d), Florida Statutes. The Projects are ranked on the Florida Forever"A" list and are eligible for negotiation under the DSL land acquisition work plan as ranked projects.The County shall obtain written confirmation from DSL regarding the availability of funds prior to entering into a contract for the acquisition of any parcel under this Agreement or proceed at its own risk. The terms "parcel" or "parcels" as used herein shall mean and refer to only those parcels described on Exhibit "A", as amended from time to time. 3. Election of Option by County. a. Title to Vest in County. County may acquire parcels within the Projects with its own funds and have title vest in the name of the County. County shall notify DSL of its intent to acquire parcels within the Projects with County funds prior to initiation of negotiations. To the extent the County 0 desires to purchase parcels with County funds with title vesting in the County, then County shall be W a responsible for acquiring and paying for all pre-acquisition costs and due diligence products,and Trustees 0 shall have no obligations or costs whatsoever. 0 CL b. Title to Vest in Trustees. If County desires to utilize state funds and have title to a parcel vest in the name of the Trustees, then County must notify DSL of its intent prior to initiation of negotiations and follow the requirements and procedures outlined in this Agreement. Trustees will pay one hundred percent(1000NO) of the purchase price for the parcel, unless, County, in its absolute discretion determines to contribute funds toward Trustees'purchase price.County understands at any time DSL may C14 C14 pursue acquisition of parcels within the Projects on behalf of Trustees, but will coordinate with County to Q ensure that County and DSL are not negotiating acquisition of the same parcels. For parcels which zl� County desires to use state funds, DSL will direct County as to whether County or DSL will take lead on U) a particular parcel acquisition, including negotiating and acquiring all necessary pre-acquisition due 0 diligence products for that parcel.The real property interest to be acquired by Trustees in a parcel may be > fee simple absolute or less-than-fee; provided, however, that if a less-than-fee interest is to be acquired DSL shall have agreed to the form of the acquisition, the property rights to be acquired and the legal M rights and responsibilities to be obtained or assumed, and the specifications for such less-than-fee > acquisition prior to County initiating negotiations for the parcel. If County elects this option, then undivided fee simple title to each parcel acquired pursuant to this Agreement will vest 100% in the Trustees. 0 4. Pre-Acquisition Costs Sharing. U 2 a. Costs Sharing Responsibility. If the County elects to use state funds with title M vesting in the Trustees, and has been directed by DSL to take lead on a parcel acquisition, then County CU will initially acquire and pay for all pre-acquisition due diligence products, including but not limited to LO appraisals (including timber cruises, if applicable), boundary surveys or sketches, title search products, environmental assessments and the like and any other studies, inspections to accurately value and E ascertain the actual condition of the parcel ("Pre-Acquisition Costs"), and, subject to the limit set below, U Trustees will reimburse County for one hundred percent (100%) of documented Pre-Acquisition Costs at closing for the parcel, but only those costs for which County receives DSL approval prior to the cost being incurred (the "Reimbursed Costs"). In the event a parcel under contract for purchase by the Trustees does not close, Trustees will reimburse the County the Reimbursed Costs associated with that parcel within 90 days of DSL's receipt of notification by County and submission of documentation of the costs involved. In no event shall Trustees' total reimbursements to County under this Agreement exceed the aggregate total of$325,000.00. b. Vendor Selection Generally. If County elects to use state funds with title vesting in the Trustees, and has been directed by DSL to take lead on a particular parcel, then for each pre-acquisition due diligence product the County shall select vendors from DSL's pre-approved vendor Page 2 of 8 Packet Pg.4155 list unless otherwise directed by DSL. County shall ensure that all vendors follow all the rules and requirements of DSL and the Trustees for the preparation of the due diligence products so the products may be relied upon by DSL and the Trustees. C. Appraiser Selection. County shall obtain DSL's prior approval for the selection of appraiser(s). Prior to selecting an appraiser, DSL's Chief Appraiser shall review and approve: (i) any appraisal instructions to be provided to the proposed appraiser(s); and (ii) the scope of services to be provided by the selected proposed appraiser. d. Completed Products. County shall provide a copy of all due diligence products to DSL within 3 business days after completion. e. Reimbursement Requirements. At the time County requests the 0 reimbursement, County shall furnish to DSL satisfactory evidence of payment of the Pre-Acquisition W Costs and submit to DSL an affidavit signed by legal counsel for the County certifying that all Pre- 0 Acquisition Costs were actual,reasonable and legally incurred. 1� 0 f. DSL's Real Estate Broker. County understands and agrees that DSL may 0 contract by separate agreement with a real estate broker to make offers on behalf of Trustees to acquire parcels for the Trustees within the Projects for pre-determined amounts,perform document preparation in conjunction with DSL and title and closing service vendors, and arrange execution of conveyance documents for select parcels within the Projects. C14 C14 Q 5. Appraisal Mapping. The parties acknowledge that DSL has provided certain maps for zl� the Projects. County assumes responsibility for providing at Trustee's cost all additional appraisal maps U) 0 necessary or appropriate for use in preparing appraisals in compliance with the procedures and 0 requirements set forth in section 253.025, Fla. Stat., and Rule 18-1.006, Fla. Admin. Code. The appraisal > maps shall be reviewed and approved by DSL before County proceeds with appraisals. S (L 00 M 6. Appraisals. > 'a 9= a. Generally. County will acquire at Trustee's cost such number of appraisals (including timber cruises as appropriate) as are required under the provisions of section 253.025(8), Fla. 0 Stat., and Rule 18-1.006,Fla.Admin. Code. b. Communication Protocol. In order to protect the integrity of the appraisal U 2 process and all of the parties to the proposed acquisition, a Communication Protocol will exist between all said parties and the selected appraiser(s). This Communication Protocol should be inserted into all appraisal contracts or appraisal agreements for the project,as follows: LO The selected appraiser(s) will be allowed, and encouraged, to communicate with and E receive data from the property owners, their representatives, non-governmental organizations (NGO's), DSL personnel and other state or county agency personnel about all things pertaining to the subject property including physical characteristics, economic characteristics, surveys, inventories, timber data, crop production and yields, property sales in the area that the appraiser should know about; anything of a factual basis that the appraiser should know relative to the value of the subject property, including what the owners believe the property is worth and why. The appraiser will not be allowed to discuss or communicate with the property owners, their representatives, non-governmental organizations (NGO's), non DSL appraisal bureau personnel or other state or county agency personnel anything related to the appraiser(s) valuation of the subject property including techniques or methods of appraisal being considered or used,nor any studies, analysis, opinions or conclusions Page 3 of 8 Packet Pg.4156 regarding trends, adjustments or values being considered for or included in the appraisal report. Any discussions of this nature that the selected appraiser(s) want or need to have during the appraisal process will only be between the appraiser(s) and the selected fee reviewer, the Bureau of Appraisal Staff Appraiser assigned to the project and the DSL Chief Appraiser. Further,report excerpts, sections,partial drafts, completed drafts or final reports will not be provided to any parties other than the selected fee reviewer, the Bureau of Appraisal Staff Appraiser assigned to the project and the DSL Chief Appraiser until the reports become available as public records as set forth in Chapter 119, F.S. Violation of the Communication Protocol may result in the appraisal(s) being disqualified for use in the proposed acquisition, and may be considered a breach of ethical and standards obligations by the alleged offending appraiser(s). C. Review. County shall provide a copy of all appraisals to DSL within three (3) W business days after the County's receipt of completed appraisals. DSL, or its contract review appraiser, 0 will review appraisals obtained pursuant to this Agreement in accordance with all DSL standards and requirements. The reports and/or reviews will be forwarded to County as each becomes available for its 0 0. use in negotiating the purchase of the parcels. All appraisals prepared pursuant to this Agreement will comply with the procedures and requirements set forth in Section 253.025(8), F.S. and Section 18-1.006- 007, F.A.C. and DSL's Bureau of Appraisal's Supplemental Appraisal Standards. In addition, an affidavit from each appraiser shall be submitted prior to DSL's review of the appraisals certifying that the appraiser has no vested or fiduciary interest in the parcel(s) being appraised. No parcel is eligible for N C14 negotiation and no appraisal eligible for reimbursement as provided for herein unless and until the Q appraiser and appraisals reports are approved by DSL. zl� U) 0 7. Negotiations. If County elects to utilize state funds and have title vest in the name of the 0 Trustees, then any negotiations with the owners of the parcels conducted by the County shall be in strict > compliance with this Agreement and in a manner that assures the most favorable price and teens for the E 0- Trustees. The County shall not begin negotiations until an approved negotiation strategy has been M M provided by DSL. The County will notify DSL when negotiations begin and tenninate, and, at the > conclusion of its involvement with the negotiations for a parcel, the County will provide DSL with a written summary of all negotiations, including copies of written offers and counteroffers. All contracts or option agreements must be on DSL forms and approved by DSL, and, unless otherwise specified herein, 0 must name the Trustees as purchaser. The Trustees' legal name is, "Board of Trustees of the Internal Improvement Trust Fund of the State of Florida." In negotiating contracts or option agreements in which the Trustees are named as purchaser, County is advised that the Trustees will not pay any portion of the U documentary stamp tax or ad valorem real property taxes, nor do the Trustees have statutory authority to enter into indemnity agreements or agree to limit the legal or equitable remedies of the people of the State of Florida. In undertaking such negotiations,County is acting as a fiduciary for DSL and the Trustees. LO 8. Limitations on Financial Responsibflity. If County elects to utilize state funds and have E title vested in the name of the Trustees,then Trustees' share of the purchase price for each parcel shall not exceed one-hundred percent (100°,o) of the DSL approved purchase price, unless otherwise agreed to by DSL, or result in a total purchase price contribution from County and Trustees that exceeds the maximum amount determined by the DSL approved negotiation strategy for the parcel in question (the "DSL Approved Value"), DSL reserves the right to revise the DSL Approved Value for any reason whatsoever until the date DSL or the Trustees approve a contract to purchase the parcel, which reasons may include, but are not limited to, issues raised by completed survey, changes in market conditions, zoning or and/or land use. Trustees will pay no part of normal seller closing costs required by the contract. 9. Closings. For the closing of any parcel title to which will vest in the Trustees, DSL shall set the date, time, and place of closing, which may include mail out closings, and County and DSL agree that DSL will furnish and supervise title and closing services through one of its selected vendors. All Page 4 of 8 Packet Pg.4157 closing documents, including but not limited to closing statements, the seller's title, possession and lien affidavit certified to DSL and title insurer, and a seller's environmental affidavit, shall all be on DSL forms provided by DSL. DSL will approve or reject each item required for closing under this Agreement. 10. Confidentiality. Pursuant to Sections 253.025(8)(f) and 253.025(9)(d), F.S. and Chapter 18-1, F.A.C., County, on its behalf and on behalf of its employees and agents, warrants that it shall maintain the confidentiality of all appraisals, offers, counteroffers and other negotiation matters until an option agreement is executed, or if no option is executed, two weeks before a contract or agreement for purchase is considered for approval by the County or Trustees. County may disclose such confidential information only to authorized personnel who sign a confidentiality agreement,the form of which is made part of this Agreement as Exhibit"B". Requests to add authorized personnel must be made in writing, and County must receive the written consent of DSL. All confidentiality requirements outlined above shall apply to all individuals added to the list. County understands and agrees that all documents, papers, 0 letters, maps, and other materials (collectively, "records") specifically relating to the acquisition of any W parcels within the Projects by the Trustees will become public record (as defined in Chapter 119, F.S.) 0 when an option agreement between the seller and the Trustees is executed, or if no option is executed, two weeks before a contract or agreement for purchase between the seller and the Trustees is considered for 0 approval by the Trustees, and at that time all records of the County relating to the acquisition shall become public record and shall be subject to public review pursuant to the provisions of Chapter 119,F.S. in the same manner as are other public records. If an option contract or a contract or agreement for the purchase between the seller and the Trustees for a parcel within the Projects is not consummated, then as stated in Section 253.025(8)(f), F.S., DSL will determine when the passage of time has rendered the N N conclusions of value in the appraisal reports invalid and DSL will provide written authorization to County Q as to when it may release the appraisal reports. DSL will require as a condition of recommending zl� U) approval of a purchase instrument by the Trustees, a certification that the County has maintained the 0 confidentiality of the appraisals, offers and counteroffers, and other negotiation matters. This certification 0 shall be in the form of a letter signed by legal counsel for the County. In addition to other remedies > provided by law, this Agreement may be terminated by DSL if the County fails to allow public access to any such records once they are no longer confidential. M 11. Terms and Conditions of Transfer. If the County initially elected to acquire a parcel with County funds, and the County secures an option to purchase or agreement to purchase a parcel within the Projects, County may still offer the Trustees the right to either accept an assignment of the 0 option or agreement from County or purchase that parcel from County subsequent to County's acquisition of the parcel. DSL on behalf of Trustees shall have the absolute discretion for any reason or none at all to decline either an assignment or direct purchase from the County, or to choose whichever of the two U options it deems best. County understands that the Trustees and DSL must follow the requirements set forth in Section 253.025, F.S., and Chapter 18-1, Florida Administrative Code, in acquiring from County any right, title, or interest that County acquires and that any such acquisition of a parcel from County LO must comply with all applicable laws, rules and policies in effect at the time, and be subject to the approval of the Trustees. County understands that any acquisition that does not strictly comply with the E terms of this Agreement is conducted at the County's risk and neither Trustees nor DSL are obligated to close on the parcel or reimburse County for funds expended. 12. Er2jtKL anae ent. County or its agent shall, no less than monthly or upon request by DSL, provide selected project information to DSL for each parcel acquisition covered by this Agreement. The selected project information and the format for delivery of that inforination to DSL shall be determined by DSL to assure consistency with current and proposed DSL data systems development. 13. Legislative Appropriation. The State of Florida's and the Trustees' performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. Page 5 of 8 Packet Pg.4158 14. Notice Provision. To"DS1,": To"County": Division of State Lands Monroe County Administrator Attention to Division Director 1100 Simonton Street State of Florida Department of Key West,Florida 33040 Environmental Protection 305.292.4441 3900 Commonwealth Blvd.,MS 115 Tallahassee,FL 32399 Monroe County Attorney (850)245-2555 1111 12TH Street, Suite 408 Key West,Florida 33040 W 305.292.3470 a 0 15. Amendment. This Agreement may be amended from time to time in writing executed 0 by both parties. 16. Termination. Notwithstanding any provision to the contrary, this Agreement shall terminate no later than June 30,2018,unless extended by written amendment between the parties hereto. Any pre-approved costs incurred by County prior to this date will be reimbursed. Any costs incurred < after the June 30,2018,will not be reimbursed. Either party may terminate this Agreement by delivering N N written notice of its intent to terminate to the other party sixty(60) days prior to the date of termination. Q Any pre-approved costs incurred prior to the date of the tennination notice will be reimbursed, and any zl� U) costs incurred after the date of the tennination notice will not be reimbursed. 0 .2 0 MONROE COUNTY,FLORIDA, BOARD OF TRUSTEES OF THE INTERNAL a political , ibdivision of the IMPROVEMENT TRUST FUND OF THE X State o orida STATE OF FLOR14A > By: By: r 0 Geprge,'Neugent ...................... U Printed/Typed Name Printed/Typed Name M As its: of 5+CL e uva5 M Manor As its: LO Title,"", 61T, Title APPROVED A A E FO DL Ty o WARTMENT A ORN A: y A&T'T K CLERK ERK MONROE COUP; AA T FOf v" PRO R 5,x Dow Page 6 of 8 Packet Pg.4159 Exhibit "A" Parcels within the project boundary for the Florida Keys Ecosystem, Coupon Bight/Key Deer, and North Key Largo Hammocks Florida Forever Projects. W a 0 0 N U) 0 .2 0 0 U M M UI) E Page 7 of 8 Packet Pg.4160 Exhibit"B" Confidentiality Agreement The undersigned County staff agree to maintain the confidentiality of appraisal information and negotiations concerning the parcels identified in the Memorandum of Agreement between County and the Board of Trustees of the Internal Improvement Trust Fund for those parcels, as required by Section 253.025, F.S.,and Chapter 18-1, F.A.C.,and by this Confidentiality Agreement. Date Printed Name Si2nature 0 W a 0 Bob Shillinger 0 CL Michael Roberts Charles G. Pattison Mark J.Rosch C14 C14 C) Adele V. Stones zl� U) 0 Christine Hurley 0 Mayte Santamaria CL M X Elizabeth Bergh > Deborah Lofberg 0 Patricia Eables el" Kevin Wilson U Lisa Tennyson Roman Gastesi E .a Emily Schemper U Brian Bradley Page 8 of 8 Packet Pg.4161 FIRST AMENDMENTTO THE 2017 MEMORANDUM OF AGREEMENT AND CONFIDENTIALITY ACKNOWLEDGEMENT FOR THE FLORIDA FOREVER KEYS PROJECT'S LOCATED IN MONROE COUNTY THIS FIRST AMIENDIMENT TO THE 2017 MEMORANDUM w F AGREEMENT ("First Arviendment") is rriade and entered into effecbve e� , by and between Monroe County ("County") and the -A& BOARD, OF TRUSTEES OF THE MTERINAL IMIPROVEMENr TRUST FUND OF "THE STATE OF FLORIDA ("Trustees"). Trustees' age,nt in all matters shall be thie State of Florida Department of IEnwalronirrwental dj Protection ("DEP"), Division of State Lands ("DSU') W, a 0 R E C 11 TA L S, 0 CL k County and Trustees entered into a, Mernorandum, of Agreement dated'; on, or about August 16, au 2017 (the "Agreement"), 13„ The Agreement concerns the sale of certain Property in Monroe County, Florida to the Trustees, located withun the project boundary for the Florida Keys ECOSYSWRI, Coupon Bight/Key Deer, and North CN CN Q Key Largo Hammocks Florida Forever Projects iin, accordance with Chapter 259,, Florida Statues, C14 (collectively referred to herein ais the "Projects"). 0U) .2 C County and 'Trustees wish to extend the 2017 Memorandum of Agreervient Expiration Daate, as 0 defined in, Paragraph 16 of the Agreement, pursuant to the terms of this First Arriendnient. CL M The undersigned County staff agree to maintak) the conhdentialfty of appraiis,al inforniatiion and n,eg,otiationis concerning the parcels identified in the Meirnorandwn of Agreernent between County and the Trustees for those parcels, as required by Section 253,0125, F.S., andl Chapter 1,84, F.A.C., and by this Confidentiahty Agreement, 0 2 NOW THEREFORE, in consideration of the Recitals, Ten Dollars, and other good and valuable consideration, the receipt and sufficiency of which are hereby airknowWgecl, County and Trustees U 2 rnutually agree as,follows, CV I) M 1. Recitails. The Recitak, set forth herOnabove are true and correct, and SUChi Recitals and the Ul) Agreernent are incorporated herein by reference. E 2, Extension of..Agjeernent Expiration Date, As defined in Paragraph 16 of the Agreement, the Agreement shall) terminate no later than JUine 30, 2020, Unless, extended by written arnendrnent between the parties hereto. 3, Parcels-C.o.vered-liv this Agreement. The parcels,covered by this Agreement are shown as Exhibit "A" attached hereto and have not been modified, A. Confidentiality. The Confidentiality Agreement is, shown as Exll-0bit "B"' attached hereto and has been r-nodifiedi to reflect staff changes. �Page I of 4 Packet Pg.4162 5. Ratification. Exce!pt as modified this, First Arnendinient, the 20,17 Agreenient is hereby ratified and confirmed, ln the evenit of a conflict between the 2017 Agreernent and this, First Amendment, this Furst Amendment shall) control'. Hereinafter, the term Agreement shall co1lectiveIy mean the Agreement, as modified by tNs First Anvndment. HEREOF, County has set its hand(s) andi seal(s, as te of the effective da set fw-th above. County" "County" MONROE COUNTY, FLORIDA, Madok, Clerk ai political subidivis,lon of the S�t�aite of Florida 41 w 0 0 CL By:! Print Narne, 4r Da id iRice, Mayor V�reputy Clerk Date. 9= C1`4 C1`4 a zlr U) 0 .2 0 IN WITNESS WH�EREOF, Trustees hias set its hand and seal as olf the effective date set forth ablolve, CL "Witnesses as to Trustees" "Trustees"" BOARD fah" T'RUSTIECS OF THE INTERNAL IMPROVEMENTTRUSTFUND OF THE 0 STATE OF FLORIDA DIVISION or s"TATE LANDS OF THE FLORIDA L) 2 DEPARTMENT O,F ENVIRONMENTAL PROTECTION M M LO Print Nrr e Calfl 'Delilaven Di ector Prinit'Narn,e� Approved as to Forn a e& �y- MO,NRO,E COUNTY ATTORNEY DER ' r ey APPPRO T �'ORK Date, 108 T B.SHI? iN ER,JR.J�l�ER,JR.k&Y Dole Page 2 of 4 Packet Pg.4163 Exhi it "A" Plarcels,within the project bouindary for the Florida Keys Ecosystem,Corupon Bighit/Key Deer, andNiurth Key Largo Hammiocks Floridia Forever Projects. w a 0 0 CL CN CN Q zl� U) 0) .2 0 CL 0 u cn m LO E Page 3,of 4 Packet Pg.4164 Exh,ibit"B" Coin fidential ity Agreement The undersigned Co unity staff agree to maintain the confidentiallity olf appraiisall informatiJon and negotiations concerining the parCek idenbfied in the MernorandUrIl of Agreement between County an di the Board of Trustees, of the dnte�rnal Improvement Trust FUnd for those parcels, as reqUAred by Section 2510125, F S,,and Ohapter 18-1, F,A.C,, and by this Confidenfiality Agreement, w a 0 Date Printed Name S,i mat re 0 CL ABob ShMinger 7 Michael R erts Charles Patt-ison.—.... .... CN CN Mark Rosch U) Adele Stones 12 Z� 1, > Ch6stine Hurley CL M > K ................ V Patricia EaUles JR Kevin Wilson U Usa"Teinnyson M Romian Gastesj M ww_wLO trruuNSc en er E Brian Bradl �yLithia Guerra Page 4 of 4 Packet Pg.4165 L.7.c SECOND AMENDMENT TO THE 2017 MEMORANDUM OF AGREEMENT AND CONFIDENTIALITY ACKNOWLEDGEMENT FOR THE FLORIDA FOREVER KEYS PROJECTS LOCATED IN MONROE COUNTY ri..i15 SIl".ZON'd11 AME'INDMIEIN"1"'"'1"'O TI°dE 201" MEMORANDUM OF AGkl!:.;EW;..;Nl-- ("Secoirard Anrroeirnrdimeiii is m-nade and eirnteread into r_ffm:..ctive " � Iby and between iftinroe County ("County") and tII°ne BOARD OIf:. RU.DS..l..,d.:ES OF..1.I.IF 1N1FU:::IRNAI... JII PIRG I..:MFN..d....1.1RU S"I' FL)NI.:D()F.1..HIF S_1..A..II..I.:::OF FIn.0I1:11d:DA 0 ("Iruustees"), ..1..iruu.st.ees" agent in alld matters shall drue the State of Florida I::leluartmernt: of IE:irnvironimertal Protection ("M:.,P"")" II�'dwnlislior of State Il...ands 0 0 I Ili.C°III "A I,,.S CL C A. Couurnt:y and 11ruust:ees entered into a 1Merrnorairnrduunnn of Agreement dated on or about August 1..6, 2017 (the "Agreement"). B. i"he Agreement conceirmr s tlhne salon of o:,elirtain IProperty in Monroe Conu..nrnty, 1:1onrirda to the Trustees, cv locaterd within i n the (project Il)ouurnndary for the IF Ilo6nda IKmnys I:::co systellM, Coupon11dght:/Jtey Deer, arid North cN I c�u ey Il...argo Il lairrnrruoclks Florida Forever Projects in accordance wlthu Chapter 259, If::llorliu.da Statues U) (collllect:uwn¢:ally rc,:.ferrerd to herelrn as the"Projects"), 2 0 Ua. County and "1"'ruust:ees wish to extend the 201..7 Memorandum of Agireeimennt Expiration (::Date, as defined lieu Paragraph :1..5 of the Agreerrnert" Ipursuant to tdrun terms a:yf this Secoirncd Arn°nerncdm•nrennt, CL D °'II'"h e uumrodersd,gred County staff agree to rrnadmrt:alinr the coin fJodemrtnadlity of appradsad 'drnforrrnatida.:rrn and > reg(.Aiatiorns comrcermrlirg the parcels drdeirntdfdemd in the Meimoraurrduurrn of Agireerrneirnt Ibetween County aril � tllre""II"ruustees for those 1parcels, as required Iby Section 2.!5.02.5, F.S., and Chapter 1..E-1" F.A.C., and by ltdriis Comm fidenntliaility Agreement. NOMII Ill fl::ilEFO'U..::,r melt nsirderuallruu�n of the Recitals, .'1'.eri 1::�rnlldars" arum ellrner good and vadu. ifle corns'i e. and sufficiency of which acre hereby ack now ieudgecd" Couurnty aired Fruastees rru tunmalllly agrEre as follows. , LO 1.. R,ec..Jt ,ll,s,. 1Ihe ldecftads set forth hereurnabove are true and correct, and such Recitals and the Agreement are drnco°:nrlporated herein by reference. 2. Extension of mremr uit k �i Date. As defined in Paragraph 1..5 of the Agneernenrt, the � Agreeiment shall t(,:�rrnnorate no Ilata:."r than June :BUD, 2022, unless extended Ilby wriitterm aimendinneirut between the parties hereto. 1 Pam-cells Couwnererd hey tlhin rc, rnn ,d . �l lie paircels conwnereod by this Agrr^r:^.rnnernt:are show n as d xhiilb t "A°" attached hereto and drawee riot been modified. ;onfimd llyd ig�Iity. IFh e Confidentiality Ag„reern°neirnt its sllrn:wnn as d: drl!Iblit ""g""attachneud Ihueret;o., Add 4. �.... signatures dated 201..8 are reproduced froirn~n Exhibit ""Ind"of the First Amendment to this IlAerrnoran duurn Of Agree:^mmennit and shnalld i liirn fuulld force and effect:during Ith is extension period, Alfll signatures dated 2020 reflect additions to the 1-uuh'dllrndt""FD" Page 1 of 4 Packet Pg.4166 5. R,@ti..fica,1Jq.n. Except as modified by this Second Amendment, the 2017 Agreement is hereby ratified and confirmed. In the event of a conflict between the 2017 Agreement and the First Amendment, and Second Amendment, this Second Amendment shall control. Hereinafter, the term Agreement shall collectively mean the Agreement, as modified by this Second Amendment. flY W171NESS iMi fl!!!RE0F,Countly has set! ts hlaini!l(s) am.l siclal(s) :B of Illllue effkhvie date set fiw0h :fljo,iiie OuiLnErscoulintlill" "Courity", 0 IVIONIIIWE COUN I`Y,FLORIDA, W 414EST'� kigy'lin Madok,jj,Cliii,li k a PoHiiJcal m,ii:b4thi4sion of the State of Florida pr P 0 0 ........... CL dL Print Name: F4,110"e— P�91 ra e He7at �r Carrut ers/fVllayor AS Deputy Clerk Date: CN CN v a U) 0 > I WWI I NESS Wli 1EIREOF, Tn,istieies ha!!:;sel fts hand and sea :i of the effedJve date !llet ficiwflh,above, 4/2 9/2 0 CL "Witnesses as to Trustees" "Trustees" > BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE 0 STATE OF FLORIDA DIVISION OF STATE LANDS OF THE FLORIDA L) 2 DEPARTMENT OF ENVIRONMENTAL PROTECTION LO ........... ... ........................... ............... ... By:, 7�:'i Print Name: "2"1-1" Calfie DeHaven, Director E /0 O. Date: Print Name: Approved as to Form and Legality: By: i "IC4 DEP Attorney Date:--.-. Page 2 of 4 Packet Pg.4167 L.7.c Exhibit"A" Parcels within the project boundary for the Florida Keys Ecosystem,Coupon Bight/Key Deer,and North Key Largo Hammocks Florida Forever Projects. 0 0 CL N N zl U) 0 c2 0 U M M LO c� Page 3 of 4 Packet Pg.4168 Exhibit"B" Confidentiality Agreement The undersigned County staff agree to maintain the confidentiality of appraisal information and negotiations concerning the parcels identified in the Memorandum of Agreement between County and the Board of Trustees of the Internal Improvement Trust Fund for those parcels, as required by Section W 253.025, F.S.,and Chapter 18-1, F.A.C.,and by this Confidentiality Agreement, a 0 0 CL Date Printed Name sign.at9re Bob Shillinf,,er Michael Roberts CN CN Charles Pattison U1-—I------(11", Q Mark R, osch ............... ........................ U) ze Adele Stones Z't 0 . ................................................ > ff?i2z) J-S C�stine Hurle,'y- ---------------- ................ .................. - ----------- CL M X Eliz b th B r a. > V I 'a I) Kel C s lPz Patricia Eables 0 Kevin Wilson U --------------- M E: � Roman Gastesi LO Emily Schemj,,',��T ................ Brian,Bradle,,� mm Cynthia Guerra Ll Paunece Scull ..................................................................... ................. ..... ............... Dina Gambuzza 4 ................................... )-Il�L.���: , ,,�" Chervl Cioffari 20 Page 4 of 4 Packet Pg.4169 L.7.c County f Monroe Board of County Commissioners: Monroe County Voluntary Home, ��i� rl � Mayor Michelle Coldiron, District 2 Buyout Program Mayor Pro Tem, David Rice, District 4 102050 Overseas Highway Craig Cates, District 1 Phone: (305)453-8756 Joe Scholl, District 3 m, '� FEIN: 56-6000749 Holly Merrill Raschein, District 5 TO: Davion Dunston Florida Department of Economic Opportunity Office of Long-Term Resiliency 107 East Madison Street, MSC 160 Tallahassee, FL 32399-6508 DATE: May 25, 2022 0 RE: Monroe County Voluntary Home Buyout Program CDBG-DR Contract Agreement#10092 CL filling erio : 1 /1/ 1— /1 / . _. .....m _..-------- ._............ ----------- Current Billing Invoice Itemized Current Invoice Payments Total Award Grant Award Deliverables: to Date Balance N for..... ... .... .. _m ...._ m..,,,,..n._..nnnnnn ...._..... _......nnn...nnnnnn_....,,,... m ti.�..._ _.__ _�.w_...m ..... Tetra Tech Grant Q Deliverable#1— Mgmt Invoices TO 1 $61,342.50 $0 U) Project Design/ Tetra Tech Grant 0 Implementation Mgmt Invoices TO 3 $64,686.00 $0 0 Tetra Tech CL and EnvHis Invoices TO2 $2,705.50 $0 FI Keys Land Survey Deliverable#2 Invoices 11,050.00 $0 Homeowner Barrows Law Buyout and Title Review Inv $1,750.00 0 Incentives Barrows Law Closings 4,636,39 . 9 0 Demolition RFP U Legal Ads $1,296.11 $0 LO Outreach Ad $500.00 $0 ... .. . . ................................. �....., �� ..... �..w .... .......� �..m...� Total Invoice— 4,779,79.00 $524,755.84 15,000,000.00 $14, 75,24 .16 Please make check payable to Monroe County. Please contact Cynthia Guerra at(305)453-8756 with questions or for additional documentation. Finance cash receipt coding: I,hereby certified that the information submitted is true and correct to the best of my knowledge. I you have questions or concerns, please contact Cynthia Guerra,Acquisition Manager at( )453- 8756 or email at GR,Aerr .m ,7fm . .(a4. ') pmp,riroe m' �m�muE ymm mOlmWgm)f. Cynthia Guerra,Acquisition Manager Printed Name and Title Packet Pg.4170 L.7.c Countyf Monroe INVOICE# 1 Board of County Commissioners: Monroe County Voluntary Home Mayor Michelle Coldiron, District 2 /, Buyout Program Mayor Pro Tem, David Rice, District 4 U 102050 Overseas Highway Craig Cates,District 1 w l Phone: (305)453 8756 Joe Scholl, District 3 ^�^� , `�� FEIN: 56-6000749 Holly Merrill Raschein, District 5 TO: Davion Dunston/ � u °ii IT bu y^nu u i " if lamm a nda,coi,n Florida Department of Economic Opportunity Office of Long-Term Resiliency 107 East Madison Street, MSC 160 Tallahassee, FL 32399-6508 DATE: June 29,2022 0 RE: Monroe County Voluntary Home Buyout Program 00 CDBG-DR Contract Agreement#10092 0 Billing Period: 1/1 /22 —6/8/2022 � 6......... _.m�. ..............._..._._.. . ......_....... .,..,.,,.,,.,.,..,.,.,.,., Current Billing Invoice Itemized Current Payments to Total Award Grant Award N for Deliverables: Invoice Date Balance zl U) Deliverable#1® Tetra Tech Grant 0 Project Design/ Mgmt Invoices TO 1 $22,182.50 $0 Implementation CL Tetra Tech Grant gmt Invoices TO 3 $6,142.50 $0 > and Barrows Law Deliverable#2 Ctosing $208,846.19 $0 Homeowner _ Buyout and Incentives ..... _ ----____._______- cn M Total Invoice® 237,171.19 5, $15,000,000.00 9,695 515.16 `� 304, .84 mm.. �.... ... 0 Please make check payable to Monroe County. Please contact Cynthia Guerra at(305)453-8756 with c� questions or for additional documentation. Finance cash receipt coding: I,hereby certified that the information submitted is true and correct to the best of my knowledge. If you have questions or concerns,please contact Cynthia Guerra,Acquisition Manager at(30 )453- 8756 ore ail at Gm:m er mmW�m,ypt( I Cynthia Guerra,Acquisition Manager Printed Name and Title Packet Pg.4171 L.7.d „ ;� t BOARD OF COUNTY COMMISSIONERS County of Monroe � �� �� ��"� Mayor Michelle Coldiron,District 2 Mayor Pro Tern David Rice,District 4 -Me Florida Keys Craig Cates,District 1 % Eddie Martinez,District 3 Mike Forster,District 5 County Commission Meeting July 21, 2021 Agenda Item Number: P.4 CL Agenda Item Summary #3434 CN CN BULK ITEM: No DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305)453-8774 TBD AGENDA ITEM WORDING: Discussion and direction regarding implementation of the Canal Restoration Project Ranking List as to potential assessments needed for restoration projects requiring long term operations and maintenance. 2 ITEM BACKGROUND: This item is for discussion and direction regarding the Canal Restoration Project Ranking List approved at the June BOCC meeting. Staff anticipates completing an estimated $11 Million in canal restoration grant applications this summer, as $6 Million has been identified in available State DEP Stewardship funds and $5 Million is anticipated to be requested from the federal RESTORE funds. U) The canal restoration project list approved at the June BOCC meeting contains a list of 96 canals in 0 unincorporated Monroe that do not meet state water quality standards and are therefore in need of a restoration. The list was prepared in rank order using the approved ranking criteria. The top 11 C restoration projects equal approximately $11 in costs and are the projects that staff anticipates moving forward with for design and construction. The County must annually report to the Administration Commission documenting the completion of CL Work Program tasks. Penalties to the County include the State cutting the County's ROGO allocations by 20 percent (20%) if Work Program tasks are not successfully completed each year. This discussion item is necessary to further address Work Program tasks in Administration Commission Rule 28-20.140, F.A.C., as follows: C. (d) Canal Restoration Implementation. U 4. By July 1, 2021, Monroe County shall identify and evaluate funding sources for the implementation of LO canal restoration projects and the continual operation and maintenance of canals post restoration. LO 5. By July 1, 2021, and each year thereafter until 2030, Monroe County shall identify canal restoration projects and implementation plans for each canal project. Monroe County shall provide a list of selected a canal restoration projects to the Department of Economic Opportunity by October 1st of each year to be completed during the following work program reporting period. Packet Pg.4172 L.7.d Weed Gates: It is noted that 9 of the 11 top ranked projects require a weed gate to keep out floating vegetation after the County restores the canal. To date, the only type of weed gate that the County has been able to get permitted and implemented is an air curtain. An air curtain performs very well in keeping out most floating vegetation and is a proven technology not only in the County but in the W municipalities as well; however, there is operation and maintenance (O&M) required for an air 0 curtain, i.e. electrical, maintenance, repairs and replacement. The BOCC has previously provided 1� 0 the direction that all O & M shall be funded by the residents, as the residents receive a direct benefit0. from a canal restoration in terms of increased water quality and improved use of the canal Alternate Weed Gate: The County recently developed an alternate to an air curtain in the form of a mechanical weed gate. A mechanical weed gate would have less operation and maintenance than an N air curtain in that the costs for electrical, repairs and replacement would be less. The County is moving forward with a pilot project weed gate on canal 259 in Big Pine Key this summer. If such mechanical weed gate is able to be permitted and ultimately built, this would be a potential alternative for some canals and would require a much lower assessment to operate and maintain. Resident Approvals: During the demonstration projects, staff was directed by the BOCC to obtain approval from the majority of property owners before the County moved forward with a canal 2 restoration project that included a need for an assessment to fund the O&M of a restoration project. a If such resident approval was not received, staff moved on to another project. The County is now past the demonstration project period, and into long term restoration. The technologies have been proven. The projects are now required to be implemented via adopted Administration Commission Rule or potential penalties will be applied in the form of reduced ROGO allocations. Staff is seeking guidance and direction from the BOCC as to how to move forward with projects requiring post- restoration operation and maintenance (O&M). A weed gate is a necessary part of certain restorations in order to maintain the County's investment in a canal restoration project by keeping out floating vegetation in restored canals and reducing the reversion to poor water quality and maintaining the effectiveness of completed canal restorations (Note: Work Program task 28- 20.140(5)(d)12. includes the County reporting on the effectiveness of canal restorations). Staff Recommendation: Staff recommends moving forward with the projects in rank order and implementing an MSBU for each canal receiving a weed gate, whether in the form of an air curtain or mechanical gate. Residents will be notified of the canal restoration project and need for an assessment to the extent possible. All procedures will be followed during the MSBU process including public hearings to allow an opportunity for residents to provide public comment. a� 0 LM CL 2020 2020 Water Sort - 2020 -Technology U ID Canal Name Total Recommendation Restoration Cost Quality Score SLO ummary LO Backfill and Culvert and 1 105 TAVERNIER 116 Weedgate $668,870.83 Fair c� 2 28 KEY LARGO 112 Backfill Only $2,128,926.96 Poor Packet Pg.4173 L.7.d 3 255 BIG PINE KEY 110 Injection Well and Weedgate $300,000.00 Fair 4 315 BIG PINE KEY 109 Organic Removal, Capping $2 373,982.11 Poor and Weedgate 0 5 402 SUGARLOAF KEY 108 Backfill and Weedgate $210,522.52 Fair 6 300 BIG PINE KEY 107 Organic Removal, Capping $1,490,926.40 Limited Data - and Weedgate Fair 7 295 BIG PINE KEY 105 Organic Removal, Capping $1,040,726.50 Limited Data - and Weedgate Fair N N 8 474 GEIGER KEY 105 Backfill and Weedgate $222,650.65 Limited Data - Fair Organic Removal, Capping 9 297 BIG PINE KEY 102 and Weedgate $1,352,390.46 Fair .2 .5 10 403 SUGARLOAF KEY 100 Backfill and Weedgate $804,157.46 Fair 11 90 TAVERNIER 98 Backfill Only $729,511.93 Fair c2 0. TOTAL '' '' '' $11,32'2,665.80 '' '' //'''yyn"�1//.''.yy. /tf0. , a//tlu E:A .I Ib//a�',e`.wl.�, 'ry o. i!Ii a'ry`I.w.�I �ace.I I�/,.\. �.1.M \./�.,.1(,.ry.M �. oVV.I I(,'.ry.M E.7, V ot I .I..I,q 11.I io VV o. i!,i 22 . PREVIOUS RELEVANT BOCC ACTION: 03-21-12: Approval of a $100,000 Grant from FDEP to fund Phase I of the Canal Management Master Plan and also authorized execution of a task order with AMEC under the on-call professional engineering services contract to develop Phase 1. 09-19-12: Approval of a$100,000 EPA grant that funded Phase 2 of the Canal Master Plan. a 03-20-13: Approval of$5 million for the canal restoration demonstration projects. g 10-16-13: Approval of the top 15 canals, selection of 6 canals for the demonstration projects, and a 90 day limitation on the homeowner approval period. 05-21-14: Approval of a contract with AMEC to design the demonstration Canals. 0 10-10-14: Approval to enter into a contract for $199,641.59 with Charley Toppino and Sons, Inc. for the a construction and installation of a culvert on Canal 9472 on Geiger Key, the 3rd ranked canal project in the U) Canal Management Master Plan. $78,291.00 is being funded through DEP Grant 50273. Approval requested U to have the County fund the balance of the $121,350.59 construction cost 01-21-15: Approval to enter into an Agreement with Adventure Environmental, Inc. for $1,360,000.00 for C, construction of the canal backfilling demonstration project at Canal 929, Key Largo. 04-15-15: Approval to enter into a contract with JND Thomas for removing organic muck material from U Canal 4266 in Doctor's Arm Big Pine Key and Canal 4290 on Avenue J in Big Pine Key, utilizing vacuum dredging,in an amount not to exceed$2,031,762. 'a LO 01-20-16: Approval to enter into a contract with Earth Tech Enterprises, Inc. for $202,384 to remove an existing ineffective weed barrier system and install a new air curtain system on Canal 9266 (located in 0 Doctor's Arm Big Pine Key);to demolish portions of an existing ineffective weed barrier and install a new air E curtain system at on Canal 9287 (located between Atlantis Drive and Hollerich Drive in Big Pine Key). 01-20-16: Approval to enter into a contract with Douglas N. Higgins, Inc. for$423,957.00 for installation of a < 60-inch circular concrete reinforced pipe culvert in order to increase the natural tidal flushing on canal 9277 Packet Pg.4174 L.7.d in Tropical Bay Estates, Big Pine Key. 04-11-16: Canal BOCC Workshop 91 to discuss the need for a Canal Restoration Program, Regulatory Requirements,preliminary financing strategies, and need for a long term implementation and funding plan. 10-19-16: Discussion and direction for the County's Canal Restoration Program - in anticipation of the W November 14th Special BOCC Meeting for Canal Financing Options Discussion. a 0 10-19-16: Discussed the options to 1) Stop all canal restoration efforts and terminate the program. Do not fund any Operations and Maintenance costs on completed canals or canals in-process of restoration and 2) 0 Move forward with a discussion at a minimum of the financing options for the Demonstration Projects Operations and Maintenance costs. To pursue Option 2, it is necessary for staff to move forward a resolution that would be heard at the December 2016 BOCC regular meeting. 11-14-2016: Discussion and direction for the County's Canal Restoration Program, determining if and how to proceed with a plan to restore 300 impaired canals in Monroe County, of which 229 reside in unincorporated N Monroe, and how to finance the various costs of implementing such a Q Technically,this is a task for DEO program. 2!. 11-22-16: Authorize entering into a contract with Adventure Environmental, Inc. for $1,524,040 for the C83 canal restoration project in Key Largo,which includes muck removal,backfilling, and air curtain installation. g ,A 04-21-21: Presentation of the updated Canal Management Master Plan (COMP) Guidance Document and Guidelines to Select Canals for restoration, updated pursuant to the requirements in Administration > Commission Rule 28-20.140,F.A.C. (County's new Area of Critical State Concern Work Program). ' 06-16-21: Approval of a Resolution adopting the Canal Management Master Plan (CCMP) Guidance 2 Document and Canal Ranking Criteria pursuant to the requirements in Administration Commission Rule 28- C, 20.140, F.A.C., (County's new Area of Critical State Concern Canal Work Program) and approve the Canal C Restoration Project Ranking List. CONTRACT/AGREEMENT CHANGES: Not Applicable STAFF RECOMMENDATION: Staff recommends moving forward with the projects in rank order and implementing an MSBU for each canal receiving a weed gate. DOCUMENTATION: Monroe County Canal Restoration Ranking List June 16, 2021 Final 0. Top 11 Canal Restoration Maps U) c� FINANCIAL IMPACT: LM CL Effective Date: July 21, 2021 Expiration Date: None Total Dollar Value of Contract: N/A Total Cost to County: N/A U Current Year Portion: N/A Budgeted: N/A LO Source of Funds: N/A Indirect Costs: N/A LO Estimated Ongoing Costs Not Included in above dollar amounts: Staff Time To Administer new MSBU's E Revenue Producing: N/A If yes, amount: Grant: No County Match: N/A Insurance Required: No Packet Pg.4175 L.7.d Additional Details: The County must annually report to the Administration Commission documenting the completion of work program tasks. Penalties to the County include the State cutting the County's ROGO allocations by 20 percent(20%),if Work Program tasks are not 0 successfully completed each year. a 0 0 CL REVIEWED BY: Rhonda Haag Completed 06/30/2021 1:42 PM Pedro Mercado Completed 06/30/2021 2:33 PM Purchasing Completed 06/30/2021 3:41 PM N Budget and Finance Completed 06/30/2021 4:29 PM Maria Slavik Completed 06/30/2021 5:12 PM Liz Yongue Completed 07/02/2021 12:24 PM Board of County Commissioners Pending 07/21/2021 9:00 AM 2 E CL U) U 0 LM CL U LO LO E c� Packet Pg.4176 O ] L UOIS'n ] ABA uoijeoilddV 4uejE) sae s4aaqs uoijejuawaldwi s oloi i leu - qpq :4u9wyo T J � G. a+ Q� ti U RS p bp0. � o 0 o W N w con F e n Vw 1 m m m m7- U O A �' ,,,.n w�..., O Q q ✓.b 0 a O a a Pr 80 U -o Fib' •°j �Fy U F m O R F W U a o ro m W ti R " o d' Z OW W z It „ C. 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F O L C7 aaUaa O N N C� FFCII-111 � ~ O y' N N N N W a+ G N R L � W O F u � R W G N W F w W W F 0.W1 PT. w [x-� 0 4m cn U m B F v " W 0. y W W y �' yoa � w H a z W OOOU u � 0 " � aaa � A a to A w w -4IM�, EOI 1 aoo °o wO000 � L.7.d MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting 0 Board of County Commissioners 1� 0 Wednesday, July 21, 2021 C Marathon, Florida& Via Communication Media Technology A regular meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. at the Marathon Government Center and via Communication Media Technology. Present and answering to roll call were Commissioner Craig Cates, Commissioner Mike Forster, Commissioner Eddie Martinez, Commissioner David Rice and Mayor Michelle Coldiron. Also a present at the meeting were Roman Gastesi, County Administrator; Bob Shillinger, County U) Attorney; Kevin Madok, Clerk of Court; Pamela Hancock, Deputy Clerk; county staff, members of the press and radio; and the general public. ADDITIONS, CORRECTIONS AND DELETIONS Al Motion was made by Commissioner Rice and seconded by Commissioner Cates granting .2 approval of the Additions, Corrections and Deletions to the agenda. Motion carried unanimously. PRESENTATION OF AWARDS B 1 Monroe County Fire Rescue Badge Pinning and Oath Presentation of four new members, as follows: Firefighter/EMT Morgan Anderson; Firefighter/EMT Nicolas Rangel; Firefighter/EMT Alexis Reyes; and Firefighter/Paramedic Ignacio Vargas. B2 Board recognized Legislative Affairs Director Lisa Tennyson, who received a Small County Coalition Award, for Outstanding Leadership and Support to Local Governments and Small Counties. 2 C, Board recognized Kevin Wilson, Assistant County Administrator, for his fifteen years of service to Monroe County. 0 BULK APPROVALS U Motion was made by Commissioner Martinez and seconded by Commissioner Rice granting approval of the following items by unanimous consent: LO 4i a C 1 Board granted approval and authorized execution of the 1st Modification to Grant Agreement No. OOD83018 from the Environmental Protection Agency for the Florida Keys Water Watch Program providing a 13-month time extension to the project end date from June 3, 2021, to July 31, 2022. Page 11 07/21/2021 Packet Pg.4188 L.7.d ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... COUNTY ADMINISTRATOR P4 Ms. Haag gave a Power Point Presentation regarding implementation of the Canal Restoration Project ranking list as to potential assessments needed for restoration projects 0 requiring long term operations and maintenance. Greg Corning, representing Wood 1� 0 Environment& Infrastructure Solutions, Inc., addressed the Board. Mr. Gastesi, Mr. Shillinger C and Kimberly Matthews, Sr. Director of Strategic Planning & Libraries, addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Cates to accept the top eleven canals to be identified as the ones to start a restoration project. Roll call vote carried unanimously. N COMMISSIONER'S ITEMS N2 Andy Newman gave a Power Point Presentation update on the Lobster Mini Season Task Force regarding Tourist Development Council resources. Captain David Dipre, Florida Fish and Wildlife Conservation Commission addressed the Board. PUBLIC HEARINGS R2 A Public Hearing was held to consider an application for issuance of a Class A and Class .2 CL B Certificate of Public Convenience and Necessity (COPCN)to Elite Medical Transport, Inc. for d the operation of an ALS and BLS Transport Service, as well as a Non-Emergency Transport Service in Monroe County, Florida for the period July 22, 2021, through July 21, 2023, for responding to requests for inter-facility transports. Elite Medical Transport Inc. is not permitted to perform 911 emergency response work in Monroe County. The following individual addressed the Board: Alejandro Castro, representing Elite Medical Transport, Inc. Chief Hudson and Mr. Shillinger addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Forster granting approval of the item with the exception of the City of Marathon. Motion carried unanimously. g R3 A Public Hearing was held to consider an Ordinance amending Section 11-175 of the Monroe County Code to clarify inconsistent language by specifically exempting the requirement for a public hearing or notice to current COPCN certificate holders in the event of a Class A or Class B COPCN renewal application, as well as increase the application fee for Class A and Class B COPCN renewals from $25.00 to $475.00. There was no public input. Motion was made by Commissioner Cates and seconded by Commissioner Forster to adopt the following 0. Ordinance. Motion carried unanimously. U ORDINANCE NO. 019-2021 LO Said Ordinance is incorporated herein by reference. LO R4 A Public Hearing was held to consider an Ordinance amending Section 11-173 of the Monroe County Code to provide for the preferred method of notice to existing COPCN holders be via email, increase the non-refundable application fee for new Class A and Class B COPCNs from $50.00 to $950.00,provide for an audit of an applicant's annual operating statistics,provide Page 113 07/21/2021 Packet Pg.4189 L.7.d COMMISSIONERS COMMENTS T Commissioner Rice requested to hear some comments from staff at the next meeting on what requirements the County has for building structural integrity inspections in unincorporated 0 Monroe County. 1� 0 CLOSED SESSION U Mr. Shillinger announced the Risk Management Closed Session to be held in the Jones Act claim of Mark Thompson v. Monroe County and read the required language into the record N pursuant to F.S. 768.028(16). Mr. Shillinger advised that the following persons would be present at Q the meeting: the County Commissioners, County Administrator Roman Gastesi, County Attorney Bob Shillinger, Assistant County Attorneys Cynthia Hall and Peter Morris, Assistant County Administrator Christine Hurley, Marine Resource Senior Administrator Celia Hitchens, Risk g U) Administrator Maria Slavik, Employee Services Director Bryan Cook, Safety and Security Administrator Mark Gongre. There being no further business, the meeting of the Board of County Commissioners was adjourned. 2 Kevin Madok, CPA, Clerk and ex-officio Clerk to the Board of County Commissioners Monroe County, Florida J ameea. mancozk,ae. U) U) CL E U) U 0 LM CL U LO LO E c� Page 116 07/21/2021 Packet Pg.4190 L.7.d ATTACHMENT 3 GRANT WORK PLAN MONROE COUNTY CANAL RESTORATION WORKPLAN PROJECT TITLE: Monroe County Canal Restoration Work plan implementation for 11 Monroe County a Canals, including 9105 Tavernier Backfill and Culvert, 9255 Big Pine Key Organic Muck Removal, Backfilling, Air Curtain and Injection Well, 9315 Big Pine Key Organic Muck Removal, Backfilling and 0 Air Curtain, 9295 Big Pine Key Organic Muck Removal, Backfilling and Air Curtain, 9297 Big Pine Key Organic Muck Removal, Backfilling and Air Curtain, 9290 Big Pine Key Backfilling and Air Curtain, 9287 Big Pine Key Organic Muck Removal, Backfilling and Air Curtain,982 Rock Harbor Organic Muck Removal, Backfilling and Air Curtain and 9474 Geiger Key Backfill and Air Curtain Restoration Projects. d C14 c14 PROJECT LOCATION: The Project will have 11 locations: Canals 9105 Tavernier,9255 Big Pine Key, Q CN 9315 Big Pine Key, 9295 Big Pine Key, 9297 Big Pine Key, 9290 Big Pine Key, 9287 Big Pine Key, 982 Rock Harbor and 9474 Geiger Key, 9278 Big Pine Key and 9 58 Key Largo. 1) Canal 9105 located between Old Fashion, Stinger, Orange Blossom and Dubonnet Roads within .5 the unincorporated area of Tavernier/ Key Largo, Monroe County, Florida. Project coordinates are latitude 25' O'48.63"N and longitude 80°30'41.97"W. > 2) Canal 9255 located between Louise, Geraldine, Canal, Lucrecia, and Big Pine Streets within the 0 unincorporated area of Big Pine Key, Monroe County, Florida. Project coordinates are latitude 24°42'27.60"N and longitude 81°22'22.13"W. .2 CL C, 3) Canal 9315 located between Warner St, US-1, and Beach Street within the unincorporated area of Big Pine Key, Monroe County, Florida. Project coordinates are latitude 24039'43.06"N and longitude 81°20'13.60"W 4) Canal 9295 located between Avenues G& H within the unincorporated area of Big Pine Key, Monroe County, Florida. Project coordinates are latitude 24040'27.26"N and longitude 81020'28.73"W 5) Canal 9297 located between Avenues G & F within the unincorporated area of Big Pine Key, 0 Monroe County, Florida. Project coordinates are latitude 24040'23.88"N and longitude 81020'27.67"W 6) Canal 9290 located between Avenues I and J within the unincorporated area of Big Pine Key, CL Monroe County, Florida. Project coordinates are latitude 24040'30.38"N and longitude 81°20'33.97"W a� 0 7) Canal 9287 located between Atlantis Drive and Hollerith Drive in Big Pine Key within the C, unincorporated area of Big Pine Key, Monroe County, Florida. Project coordinates are latitude 24040'37.53"N and longitude 81020'43.29"W 8) Canal 982 located between Lobster and Bonito Lanes within the unincorporated area of Key Largo, 'a Monroe County, Florida. Project coordinates are latitude 250 2'44.67"N and longitude LO 80029'10.58"W E 9) Canal 9474 located between Star and Sun Lanes within the unincorporated area of Geiger Key, Monroe County, Florida. Project coordinates are latitude 24034'44.68"N and longitude 81°39'20.44"W. DEP Agreement No.XXXXX, Attachment 3,Page 1 of 7 Packet Pg.4191 L.7.d 10) Canal 9278 is located in the Eden Pines neighborhood,within the unincorporated area of Big Pine Key, Monroe County, Florida. Project coordinates are latitude 24°41'28.92"N and longitude 81022'38.63"W. W a 0 11) Canal 958 is located in the Key Largo neighborhood,within the unincorporated area of Key Largo, Monroe County, Florida. Project coordinates are latitude 250 6'37.66"Nand longitude 0 80025'55.12"W. PROJECT BACKGROUND: In 2013, Phase II of the Monroe County Canal Management Master Plan (CMMP) was completed that evaluated the conditions of the Keys canals, prioritized the need for water d quality improvement, and identified appropriate restoration options for each canal: CN Q � • Culvert 2. • Air Curtain/Weed gate 9= • Organic Removal g ,A • Backfill > The CMMP selected technologies, above, that could address the specific Class III water quality > exceedances (dissolved oxygen and nutrients)within the canals and surrounding near shore waters. Depending upon the specific canal(s) selected, one or a combination of techniques were proposed. The CMMP provided an initial technology selection as well as the ranking for prioritization and selection. C, C, In response to the recommendations of the CMMP, Monroe County in 2014 allocated approximately $5 million for the restoration of water quality in seven residential canals within unincorporated Monroe County. As part of the Canal Restoration Demonstration Program, Florida International University (FIU) assessed the effectiveness of the various technologies implemented by Monroe County and its partners by comparing treated canals against nearby,unaltered controls over a period of three years. U) Based on data collected during the limited monitoring period, F1U made the following conclusions about the organic removal, culvert, air curtain, and backfill technology(s): a) Since the implementation of this technology(organic muck removal), water quality parameters for CL canals treated only with organic removal have shown no positive improvement. Monitoring of canals that were treated with organic removal coupled with a weed barrier has yielded more positive results. The study found that without being combined with an air curtain, seaweed would 0 0 continue to flow into the canal and begin decaying rendering organic removal less effective; and C, b) This technique (backfilling) resulted in an immediate change in the canal's water quality by significantly improving the water column's DO content. The decreased water depth allowed light LO to penetrate to the sediment. As a result, there were measurable increases in benthic vegetation, 'a LO fish diversity and abundance and inhabitants of the sea walls. c) The use of air curtains or weed gates appeared to be effective in reducing the amount of seaweed E wrack entering into the canals; however, canals that only implemented a weed barrier as their treatment method displayed no improvement in water quality parameters; DEP Agreement No.XXXXX, Attachment 3,Page 2 of 7 Packet Pg.4192 L.7.d d) This technology(culvert)effectively increased oxygenation by improving circulation and exchange. This is in alignment with the purpose of culverts which are to stimulate the exchange with cleaner near shore waters; 0 Since the demonstration canal restorations were originally proposed by Monroe County, the canal a restoration program has grown to include 21 residential canal restoration projects throughout Monroe County. 0 C, 0 Canal 9278 in Eden Pines in Big Pine Key,included in this project,was originally selected to evaluate the effectiveness of water recirculation using an electrically powered pumping system to improve water quality. However, due to homeowners concerns with the operation and maintenance cost of the pumping system and site access issues, the project was placed on hold so that other technologies could be evaluated. CN CN c� Monroe County then completed the technology evaluation for the following technologies at Canal 9278: 2!. 1. Injection wells g 2.Pump-in recirculation system °A 3. Culvert installed via directional drilling and/or trenching W 4. Bio-augmented aeration > 5. Organic sediment removal ' The evaluation determined that the most efficient technology to improve water quality in the canal system is installation of injection well(s). Canal 958 in Key Largo (Caloosa Campground area) was selected due to lack of flushing due to canal orientation and a favorable location for a potential placement of an injection well to improve the water quality within the canal and nearshore waters. The two injection well projects were design and permitted under the FDEP Agreement No. SDO 13 and will provide vital information for the applicability of this technology in the upper and lower Florida Keys. 0 U) PROJECT DESCRIPTION: Canals 9105 Tavernier, 9255 Big Pine Key, 9315 Big Pine Key, 9295 Big 0 Pine Key, 9297 Big Pine Key, 9290 Big Pine Key, 9287 Big Pine Key, 982 Rock Harbor and 9474 Geiger Key are a continuation of the canal restoration program in accordance with the Department of Economic Opportunity (DEO) canal restoration work plan as detailed in the Monroe County 28.20.140 E Comprehensive Plan. The projects will be designed to promote flushing in the canal by removing the deep 2CL stagnant zones within the canals and promote a viable benthic community which will help to restore the canal waters to State Department of Environmental Protection(FDEP) Dissolved Oxygen standards. U) a� TASKS: All documentation should be submitted electronically unless otherwise indicated. L Task#1: Design,Permitting and Procurement Packages for Canals: U 1) 9105 Tavernier Backfill and Culvert, LO 2) 9255 Big Pine Key Organic Muck Removal, Backfilling, Air Curtain and Injection Well, LO 3) 9315 Big Pine Key Organic Muck Removal, Backfilling and Air Curtain, 4) 9295 Big Pine Key Organic Muck Removal, Backfilling and Air Curtain, 5) 9297 Big Pine Key Organic Muck Removal, Backfilling and Air Curtain, 6) 9290 Big Pine Key Backfilling and Air Curtain, 7) 9287 Big Pine Key Organic Muck Removal, Backfilling and Air Curtain, 8) # 82 Rock Harbor Organic Muck Removal, Backfilling and Air Curtain and DEP Agreement No.XXXXX, Attachment 3,Page 3 of 7 Packet Pg.4193 L.7.d 9) 9474 Geiger Key Backfill and Air Curtain Restoration Projects 10) Note: Canal 9278 was designed and permitted under the FDEP Agreement No. SD013. 11) Note: Canal 958 was designed and permitted under the FDEP Agreement No. SD013. w Deliverables: The Grantee will collect sediment cores, bathymetric survey, environmental and 0 engineering surveys to understand the existing conditions for Canals: 0 1) 9105 Tavernier Backfill and Culvert, C 2) 9255 Big Pine Key Organic Muck Removal, Backfilling, Air Curtain and Injection Well, 3) 9315 Big Pine Key Organic Muck Removal, Backfilling and Air Curtain, 4) 9295 Big Pine Key Organic Muck Removal, Backfilling and Air Curtain, 5) 9297 Big Pine Key Organic Muck Removal, Backfilling and Air Curtain, C14 6) 9290 Big Pine Key Backfilling and Air Curtain, N 7) 9287 Big Pine Key Organic Muck Removal, Backfilling and Air Curtain, 8) 9 82 Rock Harbor Organic Muck Removal, Backfilling and Air Curtain and 9) 9474 Geiger Key Backfill and Air Curtain Restoration Projects 10)Note: Canal 9278 was designed and permitted under the FDEP Agreement No. SD013. U) 11)Note: Canal 958 was designed and permitted under the FDEP Agreement No. SD013. The Grantee will prepare a procurement package, design plans and technical specifications for each canal restoration project.The design plans will consist of an existing site plan,proposed site plan,proposed grading plans, erosion and sediment control plans, and construction details. c2 The Grantee will coordinate and hold pre-application permitting meetings with the South Florida Water C, CL Management District(SFWMD),USACE, County, and FKNMS using the preliminary design plans. The Grantee will update the plans and specifications in response to regulatory agency comments. The Grantee will prepare final design plans, technical specifications, and engineer's construction cost estimate for proj ect. � U) The Grantee will incorporate comments received during the pre-application meetings to complete and submit local, state, and federal permit applications as required, using the final design plans. Permit applications will be submitted to the following agencies: • SFWMD; • USACE; • FKNMS; and CL • Monroe County. c� The Grantee will respond to Requests for Additional Information for each permit application. L_ cx. 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; 2) a summary of design (or preconstruction) t3 activities to date,indicating the percentage of design completion for the time period covered in the payment LO request. For the final documentation, the Grantee will also submit 3) a copy of the procurement package LO and design completed with the funding provided for this task and a list of all required permits identifying issue dates and issuing authorities. c� 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. DEP Agreement No.XXXXX, Attachment 3,Page 4 of 7 Packet Pg.4194 L.7.d Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. 0 Task#2: Biddine and Contractor Selection for Canals: a 0 1) 9105 Tavernier Backfill and Culvert 0 2) 9255 Big Pine Key Organic Muck Removal, Backfilling, Air Curtain and Injection Well 3) 9315 Big Pine Key Organic Muck Removal, Backfilling and Air Curtain 4) 9295 Big Pine Key Organic Muck Removal, Backfilling and Air Curtain 5) 9297 Big Pine Key Organic Muck Removal, Backfilling and Air Curtain BID PACKAGE ONLY d 6) 9290 Big Pine Key Backfilling and Air Curtain BID PACKAGE ONLY N 7) 9287 Big Pine Key Organic Muck Removal, Backfilling and Air Curtain -BID PACKAGE ONLY 8) 9 82 Rock Harbor Organic Muck Removal, Backfilling and Air Curtain BI DPACKAGE ONLY 9) 9474 Geiger Key Backfill and Air Curtain 10) 9278 Big Pine Key Injection Well g 11) 958 Key Largo Injection Well a� Deliverables: The Grantee will prepare a bid package each for all 11 canals, and will publish a public > notice,solicit bids,conduct pre-bid meetings,and respond to bid questions in accordance with the Grantee's ' procurement process. For 7 of the 11 canals the bid package will be issued to select one or more qualified 0 and licensed contractors to complete construction of the Canals, as follows: CL 1) 9105 Tavernier Backfill and Culvert C, 2) 9255 Big Pine Key Organic Muck Removal, Backfilling, Air Curtain and Injection Well 3) 9315 Big Pine Key Organic Muck Removal, Backfilling and Air Curtain 4) 9295 Big Pine Key Organic Muck Removal, Backfilling and Air Curtain 5) 9297 Big Pine Key Organic Muck Removal, Backfilling and Air Curtain -BID PACKAGE ONLY 6) 9290 Big Pine Key Backfilling and Air Curtain BID PACKAGE ONLY 7) 9287 Big Pine Key Organic Muck Removal, Backfilling and Air Curtain BID PACKAGE ONLY 8) 9 82 Rock Harbor Organic Muck Removal, Backfilling and Air Curtain BID PACKAGE ONLY 9) 9474 Geiger Key Backfill and Air Curtain 0 10) 9278 Big Pine Key Injection Well 11) 958 Key Largo Injection Well Note Canals 9287,9290,9297,982 will not be bid out as there are not enough funds to cover the restoration C, work. U) Documentation: The Grantee will submit: 1) the public notice of advertisement for the bid; 2) the bid package; and 3) a written notice of selected contractor(s) for the 7 canals anticipated to move forward to L construction and 4)the bid package only for the 7 canals not yet funded to move forward with restoration. Performance Standard: The Department's Grant Manager will review the documentation to verify that U I the deliverables have been completed as described above. Upon review and written acceptance by the LO Department's Grant Manager,the Grantee may proceed with payment request submittal. 'O Payment Request Schedule: The Grantee may submit apayment request for cost reimbursement following the conclusion of the task. Task#3: Construction of Canals: DEP Agreement No.XXXXX, Attachment 3,Page 5 of 7 Packet Pg.4195 L.7.d 1) 9105 Tavernier Backfill and Culvert($700,000 estimated cost) 2) 9255 Big Pine Key Organic Muck Removal,Backfilling,Air Curtain and Injection Well($600,000) 3) 9315 Big Pine Key Organic Muck Removal, Backfilling and Air Curtain ($2 Million) 4) 9295 Big Pine Key Organic Muck Removal, Backfilling and Air Curtain ($1 million) W 5) 9297 Big Pine Key Organic Muck Removal, Backfilling and Air Curtain -NOT BID OUT a 0 6) 9290 Big Pine Key Backfilling and Air Curtain NOT BID OUT 7) 9287 Big Pine Key Organic Muck Removal, Backfilling and Air Curtain NOT BID OUT 0 8) 9 82 Rock Harbor Organic Muck Removal, Backfilling and Air Curtain NOT BID OUT 9) 9474 Geiger Key Backfill and Air Curtain ($300,000) 10) 9278 Big Pine Key Injection Well($200,000) 11) 958 Key Largo Injection Well($200,000) d N N c� Deliverables: The Grantee will construct the Canals in accordance with the construction contract 2!. documents: 1) 9105 Tavernier Backfill and Culvert($700,000 estimated cost) 2) 9255 Big Pine Key Organic Muck Removal,Backfilling,Air Curtain and Injection Well($600,000) 3) 9315 Big Pine Key Organic Muck Removal, Backfilling and Air Curtain ($2 Million) > 4) 9295 Big Pine Key Organic Muck Removal, Backfilling and Air Curtain($1 million) 5) 9297 Big Pine Key Organic Muck Removal, Backfilling and Air Curtain -NOT CONSTRUCTED 6) 9290 Big Pine Key Backfilling and Air Curtain NOT CONSTRUCTED 7) 9287 Big Pine Key Organic Muck Removal, Backfilling and Air Curtain NOT CONSTRUCTED .2 CL 8) 9 82 Rock Harbor Organic Muck Removal, Backfilling and Air Curtain NOT CONSTRUCTED C, 9) 9474 Geiger Key Backfill and Air Curtain ($300,000) 10) 9278 Big Pine Key Injection Well($200,000) 11) 958 Key Largo Injection Well($200,000) Note Canals 9287,9290,9297,982 will not be constructed as there are not enough funds in the grant budget to fund the restoration work. a� U) Documentation: The Grantee will submit 1) a copy of the final design; 2) a signed acceptance of the 0 completed work to date, as provided in the Grantee's Certification of Payment Request; and 3) a signed Engineer's Certification of Payment Request. Performance Standard: The Department's Grant Manager will review the documentation to verify that CL 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. c� Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more L frequently than monthly. Task#4: Proiect Management for Restoration of Canals: U LO 1) 9105 Tavernier Backfill and Culvert LO 2) 9255 Big Pine Key Organic Muck Removal, Backfilling, Air Curtain and Injection Well 3) 9315 Big Pine Key Organic Muck Removal, Backfilling and Air Curtain 4) 9295 Big Pine Key Organic Muck Removal, Backfilling and Air Curtain 5) 9297 Big Pine Key Organic Muck Removal, Backfilling and Air Curtain -NOT COSTRUCTED 6) 9290 Big Pine Key Backfilling and Air Curtain NOT CONSTRUCTED 7) 9287 Big Pine Key Organic Muck Removal, Backfilling and Air Curtain NOT COSTRUCTED DEP Agreement No.XXXXX, Attachment 3,Page 6 of 7 Packet Pg.4196 L.7.d 8) 9 82 Rock Harbor Organic Muck Removal, Backfilling and Air Curtain NOT CONSTRUCTED 9) 9474 Geiger Key Backfill and Air Curtain 10) 9278 Big Pine Key Injection Well 11) 958 Key Largo Injection Well W a 0 Deliverables: The Grantee will perform project management, including field engineering services, construction observation, site meetings with construction contractor(s) and design professionals, and 0 overall project coordination and supervision for Canals: 1) 9105 Tavernier Backfill and Culvert 2) 9255 Big Pine Key Organic Muck Removal, Backfilling, Air Curtain and Injection Well 3) 9315 Big Pine Key Organic Muck Removal, Backfilling and Air Curtain � 4) 9295 Big Pine Key Organic Muck Removal, Backfilling and Air Curtain 5) 9297 Big Pine Key Organic Muck Removal, Backfilling and Air Curtain -NOT COSTRUCTED 6) 9290 Big Pine Key Backfilling and Air Curtain NOT CONSTRUCTED 7) 9287 Big Pine Key Organic Muck Removal, Backfilling and Air Curtain NOT COSTRUCTED g 8) 9 82 Rock Harbor Organic Muck Removal, Backfilling and Air Curtain NOT CONSTRUCTED 9) 9474 Geiger Key Backfill and Air Curtain 10) 9278 Big Pine Key Injection Well > 11) 958 Key Largo Injection Well ' Documentation: The Grantee will submit interim progress status reports including summary of inspection(s), meeting minutes and field notes, as applicable. CL C, 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 a� reimbursable grant funding must not exceed the budget amounts as indicated below. E C, Task Budget Task Start Task End No. Task Title Category Grant Amount Date Date c� Contractual 1 Design and Permitting Services 587,537 09/21/2022 06/30/2023 2, CL Bidding and Contractor Contractual ra 2 Selection Services 90,000 09/21/2022 06/30/2023 M c, 3 Construction Contractual $5,000,000 06/30/2023 06/30/2024 'a Services LO 4 Project Management Contractual $ 322,463 06/30/2023 06/30/2024 Services Total: $6,000,000.00 Note: The budget for this project is estimated and subject to change as the project progresses. DEP Agreement No.XXXXX, Attachment 3,Page 7 of 7 Packet Pg.4197 L.7.e COty f � ,�� " 'p����� � BOARD OF COUNTY COMMISSIONERS ,ti Mayor David Rice,District 4 The Florida Keys Mayor Pro Tem Craig Cates,District 1 l Michelle Coldiron,District 2 James K.Scholl,District 3 Holly Merrill Raschein,District 5 County Commission Meeting October 20, 2021 Agenda Item Summary #8596 BULK ITEM: Yes DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305)453-8774 0 Not applicable a 0 AGENDA ITEM WORDING: Approval of revenue grant agreement 4LPA0241 with the Florida 0 CL Department of Environmental Protection to approve the expenditure of $3,412,919 in Keys Stewardship funds towards Monroe County's canal restoration program for canals 28 in Key Largo and 90 in Tavernier;providing for an effective date. N ITEM BACKGROUND: This item approves FDEP Grant Agreement LPA0241 for expenditure Q of $3,412,919 of the available $6 Million in the State Stewardship FY20-21 funds for canal l restoration of canals 28 in Key Largo and 90 in Tavernier in unincorporated Monroe County. Background: In 2016 the State of Florida enacted into law the Florida Keys Stewardship Act, recognizing the importance of environmental issues such as water quality and land acquisition in the Florida Keys as critical needs. The Florida Keys Stewardship Act expands the types of water quality projects eligible for Mayfield funding to include, such as canal restoration and storm water management. As part of the Florida Keys Stewardship Act, the Florida Keys received a direct appropriation for $5M for FY 2016-2017 to be used to address the issues recognized and identified as environmental priorities for the Florida Keys: water quality projects and land acquisition, and further directs the appropriation to be distributed in accordance with the existing Interlocal Agreement. The amount allocated and appropriated in FY 2017-18 was $20.0 million, of which Monroe County will receive $6 million pursuant to the terms of the Interlocal Agreement between the County and other participating local entities. PREVIOUS RELEVANT BOCC ACTION: Not applicable CONTRACT/AGREEMENT CHANGES: N/A -New Grant Agreement Packet Pg.4198 L.7.e STAFF RECOMMENDATION: Approval DOCUMENTATION: LPA0241_Monroe Canals 28 and 90 backfills for signature FINANCIAL IMPACT: Effective Date: Upon execution Expiration Date: October 31, 2023 Total Dollar Value of GRANT:$3,412,919 Total Cost to County: None Current Year Portion: 100% Budgeted: Yes Source of Funds: Stewardship Funds CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: None 0 Revenue Producing: Yes If yes, amount: $3,412,919 a Grant: Yes County Match: N/A 0 Insurance Required: No � Additional Details: CL a� REVIEWED BY: N CN Rhonda Haag Completed 09/23/2021 12:51 PM Cynthia Hall Completed 09/23/2021 4:22 PM zl" Purchasing Completed 09/23/2021 4:28 PM Budget and Finance Completed 09/23/2021 4:42 PM Maria Slavik Completed 09/23/2021 4:46 PM 2 Liz Yongue Completed 10/01/2021 2:33 PM Board of County Commissioners Completed 10/20/2021 9:00 AM c� Packet Pg.4199 L.7.e STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below,pursuant to Section 215.971,Florida Statutes: 1. Project Title(Project): Agreement Number: Monroe County Canals#28 and#90 Backfill Restoration Projects LPA0241 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 (Department) Grantee Name: Monroe County Entity Type:Local Government Grantee Address: 1100 Simonton Street, Key West, FL 33040 FEID: 59-6000749 (Grantee) 3. Agreement Begin Date: Date of Expiration: Upon Execution October 31,2023 4. Project Number: Proj ect Location(s): Laf2ong((C.-I 28:25.1647,-81.3838)&(Cana1 90;25.0289,-80.5076)) (If clifferent from Agreement Number) Project Description: a The Grantee will rehabilitate Canals # 28 and#90. 0 0 5. Total Amount of Funding: Funding Source? Award 4s or Line Item Appropriations: Amount per Sources : $3,412,919.00 0 State ❑Federal Keys,GAA LI 1613,FY 21-22,GR $3,412,919.00 ❑ State ❑Federal ❑ Grantee Match Total Amount of Funding+Grantee Match,if any: $3,412,919.00 c%4 6. Department's Grant Manager Grantee's Grant Manager Q Name: Sue Leitholf Name: Rhonda Haag U) or successor or successor Address: Florida Dept.of Environmental Protection Address: Monroe County BOCC E 3900 Commonwealth Blvd.,MS 3505 102050 Overseas Highway,Suite 2-2246 Tallahassee,FL 32399-3000 Key Largo,FL 33037 Phone: 850-245-2920 Phone: 305-395-9928 Email: susan.leitholf@FloridaDEP.gov Email: Haag-rhonda@monroecounty-f.gov 0 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: LO V Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements 2 Attachment 2: Special Terms and Conditions 9 Attachment 3: Grant Work Plan c� 0 Attachment 4:Public Records Requirements V Attachment 5: Special Audit Requirements ❑ Attachment 6:Program-Specific Requirements ❑ Attachment 7: Grant Award Terms(Federal)*Copy available at.https.:.'/ffacts...h]ffs¢g7 p,in accordance with§215.985,F.S. ❑ Attachment 8:Federal Regulations and Terms(Federal) ❑ Additional Attachments(if necessary): 0 Exhibit A:Progress Report Form ❑ Exhibit B:Property Reporting Form Y Exhibit C:Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements for Grants ❑ Exhibit E:Advance Payment Terms and Interest Earned Memo ❑ Additional Exhibits(if necessary): DEP Agreement No. LPA0241 Rev.6/20/18 Packet Pg.4200 8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331(a)(1): ...................................................................................... ................................... ..............----................................................................... Federal Award Identification Nurn .................................................................... ------ ----------------- -- ------ late.to D a ent: .........................................................................................................-1-1-1-1-........................ ................................ FindsTa�tal Federal I'll,Obl I a,gat q'jn,,! !.s.. rectraer ....................... .............................. ........................................................ . ..................... ward R&D? E] Yes ❑EIN/A .......................-..- .................. —-------- ....................... IN WITNESS WHEREOF,this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the last date siZned below,whichever is later. Monroe County GRANTEE AT'm�s,r: XU'ViN MAD0K.,CLZR1 ................ ........................ ........................ .................... Grantee Name A By J- 11 0 C rr, Date Signed October 20,2021 Michelle Coldiron, Mayor Painela G.Hancock,Deputy Clerk W ..;11--......................--111-1 1"... 1 ............ .................. .......................................................... a print Name and Title of Person Si 0 --State of FloridaDepartment of Environmental Protection 1-1111.11,111,................................ 0 ............ CL Trina Vielhauer Digitally signed by Trina Vielhauer By Date:2021.10.28 08:49:33-04'00' .......... Secretary or Designee Date Signed Trina Vielhauer,Director of Water Restoration Assistance ....... ............ ......... C14 Print Narne and Title of Person Si wnitrQ11 C14 0 Additional signatures attached on separate page. U) E Approved as tea form and conten'L Monroe County Attorney's Office LO 9-21-2021 E lof Assustant County Attorney DEPAgreemem.No. LPA0241 Rev.6/20(1 8 Packet Pg.4201 L.7.e DWRA Additional Signatures Digitally signed by Susan Susan Leitholf Leitholf Date:2021.10.28 06:24:56 -04'00' Sue Leitholf,DEP Grant Manager Digitally signed by Sandra Sandra Waters Waters Date:2021.10.28 08:1 1:47 -04'00' Sandra Waters,DEP QC Reviewer 0 0 CL c14 c14 zl U) LO E c� Packet Pg.4202 L.7.e STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement,including any Attachments and Exhibits referred to herein and/or attached hereto(Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement,the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1,in numerical order as designated in the Standard Grant Agreement 0 iii. Attachment 1, Standard Terms and Conditions 1� iv. The Exhibits in the order designated in the Standard Grant Agreement 0. b. All approvals,written or verbal, and other written communication among the parties,including all notices,shall 0 be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S.Mail,a courier delivery service,or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt,a courier service delivery receipt,other mail service delivery receipt,or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered c14 delivered at the earliest delivery time. C14 c. If a different Grant Manager is designated by either party after execution of this Agreement,notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended,through a formal amendment or a change order,only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the 0 following: (1)an increase or decrease in the Agreement funding amount; (2)a change in Grantee's match requirements; (3)a change in the expiration date of the Agreement; and/or W (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in LO Attachment 3, Grant Work Plan,that exceeds or is expected to exceed twenty percent(20%)of the total budget as last approved by Department. ass A change order to this Agreement may be used when: E (1)task timelines within the current authorized Agreement period change; (2)the cumulative transfer of funds between approved budget categories,as defined in Attachment 3,Grant Work Plan,are less than twenty percent(20%)of the total budget as last approved by Department; (3)changing the current funding source as stated in the Standard Grant Agreement; and/or (4)fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. 4. Deliverables. Attachment 1 1of12 Rev.6/4/2021 Packet Pg.4203 L.7.e The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3,Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. 5. Performance Measures. The Grantee warrants that: (1)the services will be performed by qualified personnel; (2)the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights,or any other proprietary rights,of any third party; and(5)its employees,subcontractors,and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department,for work done at the Project Location(s).The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager 0 before payment.The Grantee shall work diligently to correct all deficiencies in the deliverable that remain 1� outstanding,within a reasonable time at Grantee's expense.If Department's Grant Manager does not accept the 0. deliverables within 30 days of receipt,they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables,as outlined in the Grant Work Plan,as incomplete,inadequate,or unacceptable due,in whole or in part,to Grantee's lack of satisfactory performance under the terms of this Agreement.The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense.Failure to fulfill the applicable technical requirements or complete all tasks or C14 activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated C14 invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department,at its option,may allow additional time within which Grantee may remedy the objections noted by Department.The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an E event of default. 7. Financial Consequences for Nonperformance. a. Withholding Pam In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions,the State of Florida(State)reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement.None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. LO b. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified .i timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be a submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies E in the CAP. All CAPS must be able to be implemented and performed in no more than sixty(60)calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten(10)days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted,Grantee shall have ten(10)days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten(10)days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement Attachment 1 2of12 Rev.6/4/2021 Packet Pg.4204 L.7.e the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement,the pricing per deliverable established by the Grant Work Plan,and the billing procedures established by Department,Department agrees to pay Grantee for services rendered in accordance with Section 215.422,Florida Statutes(F.S.). b. Taxes.The Department is exempted from payment of State sales,use taxes and Federal excise taxes.The Grantee, however,shall not be exempted from paying any taxes that it is subject to,including State sales and use taxes,or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment,is described in the Standard Grant Agreement.Any additional funds necessary for the completion of this Project are the responsibility of Grantee. 0 d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs 1� upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. CL Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement,costs must be in compliance with laws,rules,and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: 1�((n�s://www.n�yl7oridacfo.cony/Division/AA/Mcnaacls/docant�en(s/Ref`erencet.;aai�lefor�a(c�(eF;xlcr� i(u.�rc p��f; C14 e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department C1" pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre-audit and post-audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. 9= a� f. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. g. Final Payment Request.A final payment request should be submitted to Department no later than sixty(60)days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future LO appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. E i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: www rtlyflorid;ciclo com/Division/AA/Vendor;/dcic�all(him. j. Refund of Payments to the Department.Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department.If this Agreement is funded with federal funds and the Department is required to refund the federal government, the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions,the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salary/Wages. Grantee shall list personnel involved,position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. Attachment 1 3of12 Rev.6/4/2021 Packet Pg.4205 L.7.e b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used(i.e.,fringe benefits,overhead,indirect,and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30)days of written notification.Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit,Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274,F.S., and Chapter 691-72,Florida Administrative Code(F.A.C.)and/or Chapter 691-73,F.A.C.,as applicable.The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement,if any,impose this requirement,in writing,on its subcontractors. 0 i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may 1� award,on a competitive basis,fixed-price subcontracts to consultants/contractors in performing the CL work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process(e.g.,Invitation to Bid,Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract.The Grantee may request approval from Department to award a fixed-price subcontract c14 resulting from procurement methods other than those identified above.In this instance,Grantee shall C1" request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount,Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement,Equipment is defined as capital outlay costing $5,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific ,O approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B,Property Reporting Form. f. Rental/Lease of Equipment.Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement,the documentation supporting these expenses must be itemized and include copies of receipts or invoices.Additionally,independent of Grantee's contract obligations to its subcontractor,Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties;or handling fees,such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase)must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents,Deeds,Leases,Easements,License Agreements,or other legal instrument documenting Attachment 1 4 of 12 Rev.6/4/2021 Packet Pg.4206 L.7.e acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly,unless otherwise specified in the Attachments,on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period,problems encountered,problem resolutions,scheduled updates,and proposed work for the next reporting period. Quarterly status reports are due no later than twenty(20)days following the completion of the quarterly reporting period. For the purposes of this reporting requirement,the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty(30)days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval _ of all deliverables. b. If Grantee fails to perform the requested work,or fails to perform the work in a satisfactory manner,Grantee shall a forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not 0 limited to,failure to submit the required deliverables or failure to provide adequate documentation that the work 1� was actually performed. The Department shall provide written notification to Grantee of the failure to perform CL that shall result in retainage forfeiture.If the Grantee does not correct the failure to perform within the timeframe stated in Department's notice,the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing C14 procedures under this Agreement. C14 12. Insurance. a. Insurance Requirements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees and/or subcontractors,if any,to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors,if any,to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from,and in no way liable for,any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement,Grantee shall provide Department documentation W demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of LO any work under this Agreement. Upon receipt of written request from Department,Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance,a self- insured authorization,or other certification of self-insurance. E d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason,or if Grantee cannot get adequate coverage,Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten(10)days after the cancellation of coverage. e. Insurance Trust.If the Grantee's insurance is provided through an insurance trust,the Grantee shall instead add the Department of Environmental Protection,its employees,and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. a. Termination for Convenience.When it is in the State's best interest,Department may,at its sole discretion, terminate the Agreement in whole or in part by giving 30 days'written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated.The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30)days of the effective date of termination. The Department shall not pay any invoices received after thirty(30)days of the effective date of termination. b. Termination for Cause.The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other Attachment 1 5of12 Rev.6/4/2021 Packet Pg.4207 L.7.e obligations under this Agreement.If,after termination,it is determined that Grantee was not in default,or that the default was excusable,the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department.The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination.After receipt of a notice of termination or partial termination unless as otherwise directed by Department,Grantee shall not furnish any service or deliverable on the date,and to the extent specified,in the notice. However,Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed,Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services.If Department has paid for any services prior to the expiration,cancellation, or termination of the Agreement,Grantee shall continue to provide Department with those services for which it has already been paid or,at Department's discretion,Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination,Expiration,or Cancellation of the Agreement.If services provided under the Agreement are being transitioned to another provider(s),Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative a obligation to cooperate with the new provider(s),however additional requirements may be outlined in the Grant 0 Work Plan. The Grantee shall not perform any services after Agreement expiration or termination,except as 1� necessary to complete the transition or continued portion of the Agreement,if any. CL 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default,Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances.This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure.The notice will also provide that,should the Grantee fail to perform within the time provided,Grantee will c14 be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default C14 notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee,the following non- exclusive list of events,acts,or omissions,shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable,failure to perform the minimal level of services required for a deliverable,discontinuance of 0 the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so,or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials,or discovery by the Department of such,made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, LO incomplete,or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory,regulatory, or licensing requirement, including an entry of an order revoking E the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period,Grantee(including its receiver or trustee in bankruptcy)provides to Department adequate assurances,reasonably acceptable to Department,of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization,or liquidation. Attachment 1 6 of 12 Rev.6/4/2021 Packet Pg.4208 L.7.e 16. Suspension of Work. The Department may,in its sole discretion,suspend any or all activities under the Agreement, at any time,when it is in the best interest of the State to do so.The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include,but are not limited to,budgetary constraints,declaration of emergency,or other such circumstances. After receiving a suspension notice,Grantee shall comply with the notice. Within 90 days,or any longer period agreed to by the parties,Department shall either: (1)issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension,the notice of suspension shall be deemed to satisfy the thirty (30)days'notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God,wars,acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either(1)within ten days after the cause that creates or will create the delay first a arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably 0 foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE 1� FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages,other than for an extension of time,shall be asserted against Department.The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If c14 performance is suspended or delayed,in whole or in part,due to any of the causes described in this paragraph, after C14 the causes have ceased to exist Grantee shall perform at no increased cost,unless Department determines,in its sole discretion,that the delay will significantly impair the value of the Agreement to Department,in which case Department may:(1)accept allocated performance or deliveries from Grantee,provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to E and by Grantee for the related costs and expenses)to replace all or part of the products or services that are the subject of the delay,which purchases may be deducted from the Agreement quantity;or(3)terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions,damages,and costs of every name and description arising from or relating to: Ly i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee,its agents,employees,partners,or subcontractors;provided,however,that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act E or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee:(1)written notice of any action or threatened action; (2)the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28,F.S.Further,nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee,insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or Attachment 1 7of12 Rev.6/4/2021 Packet Pg.4209 L.7.e otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of$100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee,retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages,penalties,costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights,nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. w 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 0 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized 1� aliens,such violation shall be cause for unilateral cancellation of this Agreement.The Grantee shall be responsible 0. for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133,287.134,and 287.137 F.S.,the following restrictions apply to persons placed on ra the convicted vendor list,discriminatory vendor list,or the antitrust violator vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid,proposal,or reply on a contract c14 to provide any goods or services to a public entity; may not submit a bid,proposal, or reply on a C14 contract with a public entity for the construction or repair of a public building or public work;may not submit bids,proposals,or replies on leases of real property to apublic entity;may not be awarded or perform work as a Grantee,supplier,subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017,F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit bids,proposals,or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, LO supplier,subcontractor,or consultant under a contract with any public entity; and may not transact .i business with any public entity. iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator E vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid,proposal,or reply on any contract to provide any good or services to a public entity; may not submit a bid,proposal,or reply on any contract with a public entity for the construction or repair of a public building or public work;may not submit a bid,proposal,or reply on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor,or consultant under a contract with a public entity;and may not transact new business with a public entity. iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list,the discriminatory vendor list,or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity,at(850)487-0915. 23. Compliance with Federal,State and Local Laws. Attachment 1 8of12 Rev.6/4/2021 Packet Pg.4210 L.7.e a. The Grantee and all its agents shall comply with all federal,state and local regulations,including,but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in;be denied the proceeds or benefits of,or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State,and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law,the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification;or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. a b. If this Agreement is for more than one million dollars,the Grantee certifies that it is also not on the Scrutinized 0 Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector 1� List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to CL Section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option if the Grantee 0 is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List,or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. c. As provided in Subsection 287.135(8),F.S.,if federal law ceases to authorize these contracting prohibitions then C14 they shall become inoperative. C14 25. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to Section 216.347,F.S.,except that pursuant to the requirements of Section 287.058(6),F.S.,during the term of any executed agreement between Grantee and the State, Grantee may lobby the E executive or legislative branch concerning the scope of services,performance,term,or compensation regarding that agreement.The Grantee shall comply with Sections 11.062 and 216.347,F.S. 26. Record Keeping. The Grantee shall maintain books,records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles(US GAAP)consistently applied. The Department,the State,or their authorized representatives shall have access to such records for audit purposes during W the term of this Agreement and for five(5)years following the completion date or termination of the Agreement. In LO the event that any work is subcontracted,Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General,or other authorized as State official,Grantee shall provide any type of information the Inspector General deems relevant to Grantee's E integrity or responsibility. Such information may include,but shall not be limited to,Grantee's business or financial records,documents,or files of any type or form that refer to or relate to Agreement.The Grantee shall retain such records for the longer of: (1)three years after the expiration of the Agreement;or(2)the period required by the General Records Schedules maintained by the Florida Department of State(available at: h(t.///� yllorldaxomjibrar archives/records n�c�nc en�cn(/ ;c,r�crc l records schedules/ 27. Audits. a. Inspector General. The Grantee understands its duty,pursuant to Section 20.055(5),F.S.,to cooperate with the inspector general in any investigation, audit, inspection,review, or hearing. The Grantee will comply with this duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this requirement,in writing,on its sub-grantees and/or subcontractors,respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement,with reasonable notice and during normal business hours,including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment,materials or documents; Attachment 1 9of12 Rev.6/4/2021 Packet Pg.4211 L.7.e ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1,to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5,Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.330 for determining whether the relationship represents that of a subrecipient or vendor.For State financial assistance,Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: Ili;(sus:\\ap1:)s.Ildfs.com\fsaa. a d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, 0 Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to 1� the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. 0. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30)days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not c14 commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees c14 are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. E i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund,either in whole or in part,of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by LO Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds E originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section,the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 28. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 29. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 30. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause,require the replacement of any Grantee employee, subcontractor,or agent. For cause,includes,but is not limited to,technical or training qualifications,quality of work,change in security status, or non-compliance with an applicable Department policy or other requirement. Attachment 1 10 of 12 Rev.6/4/2021 Packet Pg.4212 L.7.e c. The Department may, for cause,deny access to Department's secure information or any facility by any Grantee employee,subcontractor,or agent. d. The Department's actions under paragraphs b.or c.shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement.The Grantee shall be responsible for the payment of all monies due under any subcontract.The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities,unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at(850)487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform,if the failure to perform is caused by the default of a subcontractor at any tier,and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s),and without the fault or negligence of either,unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery a schedule. 0 31. Guarantee of Parent Company. 1� If Grantee is a subsidiary of another corporation or other business entity,Grantee asserts that its parent company will CL guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 32. Survival. The respective obligations of the parties,which by their nature would continue beyond the termination or expiration C14 of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and c14 public records,shall survive termination,cancellation,or expiration of this Agreement. 33. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee,its agents,servants,and employees,nor shall Grantee disclaim its own negligence to Department or any third party. This E Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract,Grantee will specifically disclose that this Agreement does not create any third- party rights.Further,no third parties shall rely upon any of the rights and obligations created under this Agreement. 34. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision,and shall remain in full force and effect. 35. Grantee's Employees,Subcontractors and Agents. LO All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained .i technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of a technical certification or other proof of qualification.All employees,subcontractors,or agents performing work under E Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 36. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement,without the prior written consent of Department. In the event of any assignment,Grantee remains secondarily liable for performance of the Agreement,unless Department expressly waives such secondary liability.The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 37. Compensation Report. If this Agreement is a sole-source,public-private agreement or if the Grantee,through this agreement with the State, annually receive 50%or more of their budget from the State or from a combination of State and Federal funds,the Grantee shall provide an annual report,including the most recent IRS Form 990,detailing the total compensation for the entities'executive leadership teams.Total compensation shall include salary,bonuses,cashed-in leave,cash equivalents,severance pay,retirement benefits,deferred compensation,real-property gifts,and any other payout. The Grantee must also inform the Department of any changes in total executive compensation between the annual Attachment 1 11 of 12 Rev.6/4/2021 Packet Pg.4213 L.7.e reports.All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 38. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement,may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996,electronic signatures,including facsimile transmissions,may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. 0 0 CL c14 c14 zl U) LO E c� Attachment 1 12 of 12 Rev.6/4/2021 Packet Pg.4214 L.7.e STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO.LPA0241 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions,Attachment 1.Where in conflict,these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is Monroe County Canals 428 and 490 Backfill Restoration Projects.The Project is defined in more detail in Attachment 3,Grant Work Plan. 2. Duration. a. Reimbursement Period.The reimbursement period for this Agreement begins on July 1,2021 and ends at the expiration of the Agreement. b. Extensions.There are extensions available for this Project. 0 c. Service Periods.Additional service periods are not authorized under this Agreement. 1� 0 3. Payment Provisions. a. Compensation.This is a cost reimbursement Agreement.The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing.Invoicing will occur as indicated in Attachment 3. c. Advance Pay.Advance Pay is not authorized under this Agreement. c14 c14 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories,as defined in the Reference Guide for State Expenditures,as indicated: Reimbursement Match Category as ❑ ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits,N/A. ❑ ❑ b. Indirect Costs,N/A. © ❑ Contractual(Subcontractors) ❑ ❑ Travel,in accordance with Section 112,F.S. LO ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment E ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements There is no match required on the part of the Grantee under this Agreement. Attachment 2 1 of 2 Rev.8/10/2020 Packet Pg.4215 L.7.e 8. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee,at its sole expense,shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida,or alternatively,Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida.Additional insurance requirements for this Agreement may be required elsewhere in this Agreement,however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department,its employees,and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be$250,000 for each occurrence and$500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle,the Grantee shall maintain automobile liability,bodily injury,and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis.The Department,its employees,and officers shall a be named as an additional insured on any automobile insurance policy. The minimum limits shall be as 0 follows: 1� $200,000/300,000 Automobile Liability for Company-Owned Vehicles,if applicable C, $200,000/300,000 Hired and Non-owned Automobile Liability Coverage c. Workers' Compensation and Employer's Liability Coverage. The Grantee shall provide workers' compensation,in accordance with Chapter 440,F.S. and employer liability coverage with minimum limits of$100,000 per accident,$100,000 per person,and$500,000 d policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. c14 d. Other Insurance.None. Q zl 9. Quality Assurance Requirements. U) There are no special Quality Assurance requirements under this Agreement. 10. Retainage. No retainage is required under this Agreement. 11. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement,which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for LO subcontracted work. Regardless of any subcontract,the Grantee is ultimately responsible for all work to be performed under this Agreement. 12. State-owned Land. The work will not be performed on State-owned land. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Additional Terms. None. Attachment 2 2of2 Rev.8/10/2020 Packet Pg.4216 L.7.e ATTACHMENT 3 GRANT WORK PLAN PROJECT TITLE: Monroe County Canals 928 and 990 Backfill Restoration Projects PROJECT LOCATION: The Project will have 2 locations: Canal 928 and Canal 990. Canal 928 (Figure 1)is located within the unincorporated area of Key Largo,Monroe County; Lat/Long (25.1647, -80.3838). Canal 990 (Figure 2) is located within the unincorporated area of Tavernier, Monroe County, Lat/Long (25.0289, -80.5076). PROJECT BACKGROUND: In 2013, Phase II of the Monroe County Canal Management Master Plan (CMMP) evaluated the conditions of the Keys canals,prioritized the need for water quality improvement, and identified appropriate restoration options for each canal: • Culvert W • Air Curtain 0 • Organic Removal • Backfill CL C As part of the Canal Restoration Demonstration Program, Florida International University (FIU) assessed ra the effectiveness of the various technologies implemented by Monroe County and its partners by comparing treated canals against nearby,unaltered controls over aperiod of three years. Based on data collected during < the limited monitoring period, F1U made the following conclusions about the backfill technology: CN Q zl • This technique resulted in an immediate change in the canal's water quality by significantly U) improving the water column's DO content. The decreased water depth allowed light to penetrate to the sediment. As a result, there were measurable increases in benthic vegetation, fish diversity and abundance and inhabitants of the sea walls. Since the demonstration canal restorations were proposed by Monroe County,the canal restoration program has grown to include 17 residential canal restoration projects throughout Monroe County. C9 PROJECT DESCRIPTION: The Canals 928 and 990 are a continuation of the canal restoration program in accordance with the Department of Economic Opportunity(DEO) canal restoration workplan as detailed ' in the Monroe County 28.20.140 Comprehensive Plan. The projects will be designed to promote flushing in the canal by removing the deep stagnant zones within the canals and promote a viable benthic community which will help to restore the canal waters to State Department of Environmental Protection (FDEP) Dissolved Oxygen standards. TASKS: All documentation should be submitted electronically unless otherwise indicated. DEP Agreement No. LPA0241, Attachment 3,Page 1 of 4 Packet Pg.4217 L.7.e Task 1: Design and Permittine Deliverables: The Grantee will complete the design (include description of other activities if not only Design and Permitting)of the canal restoration project and obtain all necessary permits for construction of the project. 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 summary of design (or preconstruction) activities to date, indicating the percentage of design completion for the time period covered in the payment request. For the final documentation, the Grantee will also submit a copy of the design completed with the funding provided for this task and a list of all required permits identifying issue dates and issuing authorities. 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 W Department's Grant Manager, the Grantee may proceed with payment request submittal. a 0 Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more 0 frequently than monthly. 0 Task 2: Biddine and Contractor Selection Deliverables: The Grantee will prepare a bid package,publish a public notice, solicit bids, conduct pre-bid CN meetings, and respond to bid questions in accordance with the Grantee's procurement process,to select one Q � or more qualified and licensed contractors to complete the canal restoration proj zl ect " U) Documentation: The Grantee will submit: 1) the public notice of advertisement for the bid; 2) the bid package; and 3) a written notice of selected contractor(s). 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 following LO the conclusion of the task. a� Task 3: Construction Deliverables: The Grantee will complete the canal restoration project in accordance with the construction contract documents. Documentation: The Grantee will submit 1) a copy of the final design; 2) a signed acceptance of the completed work to date, as provided in the Grantee's Certification of Payment Request; and 3) 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. DEP Agreement No. LPA0241, Attachment 3,Page 2 of 4 Packet Pg.4218 L.7.e Task 4: Proiect Management Deliverables: The Grantee will perform project management, to include 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. W a 0 PROJECT TIMELINE & BUDGET DETAIL: 0. 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 Budget Grant Task Start Task End CN No. Task Title CN Category Amount Date Date _ c� 1 Design and Permitting Contractual 171,974 07/01/2021 04/30/2023 U) Services a� Bidding and Contractual 0 2 Contractor Selection Services 17 945 07/O1/2021 04/30/2023 Contractual 3 Construction Services $2,930,000 07/01/2021 04/30/2023 4 Project Management Contractual $ 293,000 07/01/2021 04/30/2023 Services LO Total: $3,412,919 a� c� DEP Agreement No. LPA0241, Attachment 3,Page 3 of 4 Packet Pg.4219 L.7.e Figure 1. Location Map - Canal 928 Canal Name: Canal#28 Big Pine Key Technology Selection_Backfill Conceptual Restoration Cost$22 Million , 000�o �M o i r , r 04 r r 0 0 Legend Name 20 KEY LARGO Monroe County Parcel Y� Open S '�N+I np'ns nbulbrP�'/o�tl m GI uw rn�m n rym n,Yc U) Figure 2. Location Map—Canal 990 !r / Canal Name:Canal#90 Tavernier ap Technology Selection: Backfill d�J P Conce tual Restoration Cost: $730K NIB %/ ri /i//ii irll'U/i r ✓i � as �r�Ndor� r v Legend Name 90TAVERNIER Monroe COunty ParCPI ";". d G Ope S" M Vb Csn, E m n r n� DEP Agreement No. LPA0241, Attachment 3,Page 4 of 4 Packet Pg.4220 L.7.e STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents,papers, letters, or other material,regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement(Public Records),unless the Public Records are exempt from section 24(a)of Article I of the Florida Constitution or section 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701,F.S.,If Applicable. For the purposes of this paragraph, the term"contract"means the "Agreement." If Grantee is a"contractor" as defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. W b. Upon request,provide Department with a copy of requested Public Records or allow the Public Records to be a 0 inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. 0 C, c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subj ect to penalties under section 119.10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. N e. Upon completion of the contract, transfer, at no cost,to Department all Public Records in possession of the contractor � or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all U) Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records,in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: L.)gbjIic-services 4)flloridad �)- v Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 1ofl Rev.4/27/2018 Packet Pg.4221 L.7.e STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 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 a 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 0 Protection determines that a limited scope audit of the recipient is appropriate,the recipient agrees to comply with any C 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 c14 c14 l� PART L•FEDERALLY FUNDED z" U) 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 `O guidelines established in 2 CFR 200.502-503.An audit of the recipient conducted by the Auditor General in a accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. c� 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 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 yv�v�ve,c,�°a�,a.;;1u17 ,,,,,,,,,,,,,,,,,,,, Attachment 5 1 of 6 BGS-DEP 55-215 revised 7/2019 Packet Pg.4222 L.7.e 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 0 financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local 1� governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General. CL a� 3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year(for fiscal year ending ra 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 c14 215.97,Florida Statutes,the cost of the audit must be paid from the non-state entity's resources(i.e.,the cost C14 of such an audit must be paid from the recipient's resources obtained from other than State entities). U) 4. For information regarding the Florida Catalog of State Financial Assistance(CSFA),a recipient should access the Florida Single Audit Act website located at la;lt::ii s://a �:�s.fldfs.com/fsaa for assistance. In addition to the E above websites, the following websites may be accessed for information: Legislature's Website at si.,lle f1 ais/ elcome/index„cfii State of Florida's website at h1.g)://www.n�yfloridcl.com/, Department of Financial Services' Website at hltp.)://www.fldfs.com/and the Auditor General's Website at hlt;:�://www.m florida.com/aad�cnL � 0 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 275.97(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 2of6 BGS-DEP 55-215 revised 7/2019 Packet Pg.4223 L.7.e 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 at hltp:�://hrvest:er.cen a Gov/I' cwckr/ 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 0 Florida Department of Environmental Protection 1� Office of Inspector General,MS 40 CL 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: c14 B. The Auditor General's Office at the following address: U) Auditor General a� Local Government Audits/342 Claude Pepper Building,Room 401 I I I West Madison Street Tallahassee,Florida 32399-1450 The Auditor General's website(jj..jp.//fjaadj:1or..LYov)provides instructions for filing an electronic copy of a financial reporting package. LO 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: 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 3of6 BGS-DEP 55-215 revised 7/2019 Packet Pg.4224 L.7.e 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. 0 0 CL c14 cN zl U) LO E c� Attachment 5 4of6 BGS-DEP 55-215 revised 7/2019 Packet Pg.4225 L.7.e o 4 aU aU L CL a m 0 w w o � o m C CN o L Q Q c �, 1LO Z Z w w � .. w � Q) °' L .0 „ U U W N ^o O O 3 w w m H CZ Q Q i Ll U cz cz a q� w Z mPro Z ma Packet Pg.4226 L.7.e O i VIlVV+ N x 7 w CP- CL C A cC H H U i cC U m C =0 a> d d a> cna> c14 c14 ° W 0 Qj � .c Qj � ° � Qj LZ o � ccz � 0�' cz CJ� C CLO 'c� O a U U a> m a> L7 a '� o c4z E m Q bp m N m m N a cC U L � U U L N G '� L N a� a) a o � U U U U d o d ° °U' y LZ CZ m U 3 Q un roy 3 a O a _m - w ° E ° c1 � LQ) m _ U o oat a s a a U o Ls s s m L U w o � o o a� � Packet Pg.4227 L.7.e STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Exhibit A Progress Report Form DEP Agreement No.: LPA0241 Project Title: Monroe County Canals 928 and 990 Backfill Restoration Projects Grantee Name: Monroe Count Grantee's Grant Manager: Rhonda Haag Reporting Period: I Provide the following information for all tasks identified in the Grant Work Plan: Summarize the work completed within each task for the reporting period.Provide an update on the estimated t7 completion date for each task and an explanation for any anticipated delays or problems encountered. Add or a remove task sections and use as many pages as necessary to cover all tasks.Use the format provided below. 0 0 CL Task 1: Design and Permitting • Progress for this reporting period: N • Identify delays or problems encountered: U) Task 2: Bidding and Contractor Selection a� • Progress for this reporting period: • Identify delays or problems encountered: LO Task 3: Construction (Canal#28) • Progress for this reporting period: E c� • Identify delays or problems encountered: Task 4: Proiect Management • Progress for this reporting period: • Identify delays or problems encountered Exhibit A,Page I of 2 Rev. 10/28/20 Packet Pg.4228 L.7.e Indicate the completion status for the followine tasks: Design(Plans/Submittal): 30% ❑, 60% ❑, 90% ❑, 100% ❑ Permitting (Completed): Yes ❑,No ❑ Construction(Estimated): % This report is submitted in accordance with the reporting requirements of the above DEP Agreement number and accurately reflects the activities associated with the project. 0 Signature of Grantee's Grant Manager(Original Ink) Date C, cN cN zl U) LO E c� Exhibit A,Page 2 of 2 Rev. 10/28/20 Packet Pg.4229 L.7.e STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Exhibit C Payment Request Summary Form The Payment Request Summary Form for this grant can be found on our website at this link: hiialsv://fIo_ri—(I—a(101.�,G)ti wll Y � `Y Y�G)C1V.1'Y'YY.Yb�� IJ7 YyIY'YYYYb� ll�C�IVYY � �1V1Y'Yl'YY Y`y...�G)"!'Y'Y Please use the most current form found on the website, linked above, for each payment request. 0 0 CL c14 c14 zl U) 0 LO E c� Exhibit C,Page 1 of 1 Rev. 12/02/19 Packet Pg.4230 L.7.e COty f � ,�� " 'p����� � BOARD OF COUNTY COMMISSIONERS ,ti Mayor David Rice,District 4 The Florida Keys Mayor Pro Tem Craig Cates,District t 1 Michelle Coldiron,District 2 James K.Scholl,District 3 Holly Merrill Raschein,District 5 County Commission Meeting December 8, 2021 Agenda Item Summary #9919 BULK ITEM: No DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305)453-8774 0 Not applicable a 0 AGENDA ITEM WORDING: Approval of revenue grant agreement 4LPA0249 with the Florida 0 Department of Environmental Protection to approve the expenditure of $2,587,081 in Keys 0 Stewardship funds towards Monroe County's canal restoration program; providing for an effective date. N ITEM BACKGROUND: This item approves the second FY22 FDEP Stewardship Grant Q Agreement, 4LPA0249, for expenditure of the remaining $2,587,081 of the total $6 Million in the l State Stewardship FY21 funds for canal restoration of the following Monroe County Canals: Canal 4259 Big Pine Key Demonstration weed gate — Construction and management of weed gate E (Design,permitting and procurement package previously completed under a separate grant) 2 Canal 4475 Geiger Key Culvert— Construction and management of culvert(Design, permitting and procurement package previously completed under a separate grant). Canal 425 Key Largo Backfill — Design, Permitting and Procurement package, Construction and management of project Canal 4291 Big Pine Key Backfill—Design, Permitting and Procurement package only Ul) PROJECT TIMELINE& BUDGET DETAIL: Task Budget Grant Task Start Task End No. Task Title Category Amount Date Date 1 Design and Permitting Contractual $116,879 07/01/2021 09/30/2023 Services 2 Bidding and Contractor Contractual $10,000 07/01/2021 09/30/2023 Selection Services 3 Construction Contractual $2 270,014 07/01/2021 09/30/2023 Services 4 Project Management Contractual $190,188 07/01/2021 09/30/2023 Services Total: $2,587,081 Packet Pg.4231 L.7.e This is the second FY22 Stewardship grant. The first one (LPA0241) was approved at the October 20, 2021 BOCC meeting. Background: In 2016 the State of Florida enacted into law the Florida Keys Stewardship Act, recognizing the importance of environmental issues such as water quality and land acquisition in the Florida Keys as critical needs. The Florida Keys Stewardship Act expands the types of water quality projects eligible for Mayfield funding to include, such as canal restoration and storm water management. As part of the Florida Keys Stewardship Act, the Florida Keys receives direct appropriations to be used to address the issues recognized and identified as environmental priorities for the Florida Keys: water quality projects and land acquisition, and further directs the appropriation to be distributed in accordance with the existing Interlocal Agreement. The amount allocated and appropriated in FY 2021/22 was $20.0 million of which Monroe County receives $6 million pursuant to the terms of the Interlocal W Agreement between the County and other participating local entities. a 0 PREVIOUS RELEVANT BOCC ACTION: CL a� 10/20/21: Approval of revenue grant agreement 4LPA0241 with the Florida Department of Environmental Protection to approve the expenditure of $3,412,919 in Keys Stewardship funds towards Monroe County's canal restoration program for canals 28 in Key Largo and 90 in Tavernier; N providing for an effective date. N zl CONTRACT/AGREEMENT CHANGES: N/A -New Grant Agreement a� STAFF RECOMMENDATION: Approval DOCUMENTATION: LPA0249 Stewardship Grant 42 LO Monroe COI for 2021 Stewardship Grant a� FINANCIAL IMPACT: Effective Date: Upon execution Expiration Date: March 31, 2024 Total Dollar Value of GRANT: $2,587,081 Total Cost to County: None Current Year Portion: 100% Budgeted: N/A Source of Funds: Stewardship Funds CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: None Revenue Producing: Yes If yes, amount: $2,587,081 Grant: Yes County Match: None Insurance Required: No Additional Details: Packet Pg.4232 L.7.e REVIEWED BY: Rhonda Haag Completed 11/24/2021 1:56 PM Cynthia Hall Completed 11/24/2021 2:03 PM Purchasing Completed 11/24/2021 2:12 PM Budget and Finance Completed 11/29/2021 11:11 AM Maria Slavik Completed 11/29/2021 11:28 AM Liz Yongue Completed 11/29/2021 11:56 AM Board of County Commissioners Completed 12/08/2021 9:00 AM 0 0 N N zl U) LO E c� Packet Pg.4233 GV�S Cougr. Kevin Madok, CPA o: po k' Clerk of the Circuit Court&Comptroller—Monroe County, Florida .Ngoe cou DATE: January 19, 2022 TO: Rlionda Haag Chief Resilience Officer Liz Yongue Executive Assistant FROM: Pamela G. Hanco&.C. 0 SUBJECT: December 8'BOCC Meeting Attached is an electronic copy of the following item for your records: V3 Revenue Grant Agreement No. LPA0249 with the Florida Department of Environmental Protection to approve the expenditure of$2,587,081 in Keys Stewardship funds CN towards Monroe County's Canal Restoration Program, providing for an effective date. Should you leave any questions please feel free to contact me at(305) 292-3550. LO E c� cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 50o Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plan 305-294-4641 305-289-6027 305-852-7145 305- Packet Pg.4234 L.7.e STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below,pursuant to Section 215.971,Florida Statutes: 1. Project Title(Project): Agreement Number: Monroe County Canals#25,#259,#291,and#475 Restoration Projects LPA0249 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 (Department) Grantee Name: Monroe County Entity Type: Local Government Grantee Address: 1100 Simonton Street, Key West, FL 33040 FEID: 59-6000749 (Grantee) 3. Agreement Begin Date: Date of Expiration: Upon Execution March 31,2024 4. Project Number: ProjectLocation(s) (If d�erent from Agreement Number) Monroe County Canals#25,#259,#291,and#475 W LLl Project Description: The Grantee will rehabilitate Canals #25, #259, #291, and#475. 0 0 5. Total Amount of Funding: Funding Source? Award 4s or Line Item Appropriations: Amount per Sources : $2,587,081.00 0 State ❑Federal Keys,GAA LI 1613,FY 21-22,GR $2,587,081.00 ❑ State ❑Federal ❑ Grantee Match Total Amount of Funding+Grantee Match,if any: $2,587,081.00 c%4 6. Department's Grant Manager Grantee's Grant Manager Q Name: Tyler Reynolds Name: Rhonda Haag U) or successor or successor Address: Florida Dept.of Environmental Protection Address: Monroe County BOCC E 3900 Commonwealth Blvd.,MS 3505 102050 Overseas Highway,Suite 2-2246 Tallahassee,FL 32399-3000 Key Largo,FL 33037 Phone: 850-245-2920 Phone: 305-395-9928 Email: Tyler.Reynolds@dep.state.fl.us Email: Haag-rhonda@monroecounty-fl.gov 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: LO V Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements 2 Attachment 2: Special Terms and Conditions 9 Attachment 3: Grant Work Plan c� 0 Attachment 4:Public Records Requirements V Attachment 5: Special Audit Requirements ❑ Attachment 6:Program-Specific Requirements ❑ Attachment 7: Grant Award Terms(Federal)*Copy available at https:'Tacts.fldfs.com,in accordance with§215.985,F.S. ❑ Attachment 8:Federal Regulations and Terms(Federal) ❑ Additional Attachments(if necessary): 0 Exhibit A: Progress Report Form ❑ Exhibit B:Property Reporting Form Y Exhibit C:Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements for Grants ❑ Exhibit E:Advance Payment Terms and Interest Earned Memo ❑ Additional Exhibits(if necessary): DEP Agreement No. LPA0249 Rev.6/20/18 Packet Pg.4235 L.7.e 8. Th6follovinginforma,tion applies to Federal Giants only and is-ideritified in`accoi'dance'With 2-C-FR-200:331(a)(1): ,�_ _ _ „ .. ,_Federal Award Identification Numbers A . ,.Federal Award_Date.to De artment: Jotal Federal Funds Obligated Fi?this A""`egment: .Federal Awardin ';A`encv: ❑Yes_❑N/A ;Award R&D?._.-_ - --_ -. IN WITNESS WHEREOF,this Agreemenfshall be effective on the date indicated by the Agreeitieut Begin Date above or the last date si ied below,whichever is later. - Monroe County `�. ^°� 0- -I i -�-, 11 GRANTEE Grantee Name I� , _ a ;,- 04 -- __ - ATTEST KEVIN M ` K,CLERK IF* -,�,* - By (futliorrzed Si'ir efie) Date Signed`'i% 7-j+ ( g... ) ��� �- � �'��� ��. . a - +� ' ' `"` ' Pamela G.Hancock,Deputy Clerk Mayor David Rice �.,: °•.N.:�`�' p ty ..Print Name..and.Title of Person Signing!:-_,_ __.. __._ .._.-_._-- ...-._ _.___ 0 -State of Florida Dioartment of Environmental Protection- _ ._ DEPARTMENT. An eIa Knecht Digitally signed by Angela Knecht CL By . g . _-. .._ _.__,)\Date:2022.01.1310:22.44 705'00' - Secretary or Designee Date Signed Trina Vielhauer,Director of Water Restoration Assistance Print Name and Title of Person Sitting - - - c14 ®Additional signatures attached on separate page. U) { 12-9-2021 t• Approved as to form and legal sufficiency Cynthia Hall,Assistant County Attorney , Monroe County Attorney's Office LO r-� ass ='.i-T! �C-1 "'I s• ("r sr DEP Agreement No. LPA0249 Rev.6/20/18 Packet Pg.4236 L.7.e DWRA Additional Signatures Susan Digitally signed by Susan Leitholf 022.01.1310:16:02 Leitholf 0500' Sue Leitholf,DEP Grant Manager Digitally signed by Sandra Sandra Waters Waters Da te:2022.01.13 10:20:45 -05'00' Sandra Waters,DEP QC Reviewer 0 0 CL c14 c14 zl U) LO E c� Packet Pg.4237 L.7.e STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement,including any Attachments and Exhibits referred to herein and/or attached hereto(Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement,the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1,in numerical order as designated in the Standard Grant Agreement 0 iii. Attachment 1, Standard Terms and Conditions 1� iv. The Exhibits in the order designated in the Standard Grant Agreement 0. b. All approvals,written or verbal, and other written communication among the parties,including all notices,shall 0 be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S.Mail,a courier delivery service,or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt,a courier service delivery receipt,other mail service delivery receipt,or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered c14 delivered at the earliest delivery time. C14 c. If a different Grant Manager is designated by either party after execution of this Agreement,notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended,through a formal amendment or a change order,only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the 0 following: (1)an increase or decrease in the Agreement funding amount; (2)a change in Grantee's match requirements; (3)a change in the expiration date of the Agreement; and/or W (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in LO Attachment 3, Grant Work Plan,that exceeds or is expected to exceed twenty percent(20%)of the total budget as last approved by Department. ass A change order to this Agreement may be used when: E (1)task timelines within the current authorized Agreement period change; (2)the cumulative transfer of funds between approved budget categories,as defined in Attachment 3,Grant Work Plan,are less than twenty percent(20%)of the total budget as last approved by Department; (3)changing the current funding source as stated in the Standard Grant Agreement; and/or (4)fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. 4. Deliverables. Attachment 1 1of12 Rev. 6/4/2021 Packet Pg.4238 L.7.e The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3,Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. 5. Performance Measures. The Grantee warrants that: (1)the services will be performed by qualified personnel; (2)the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights,or any other proprietary rights,of any third party; and(5)its employees,subcontractors,and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department,for work done at the Project Location(s).The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager 0 before payment.The Grantee shall work diligently to correct all deficiencies in the deliverable that remain 1� outstanding,within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the 0, deliverables within 30 days of receipt,they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables,as outlined in the Grant Work Plan,as incomplete,inadequate,or unacceptable due,in whole or in part,to Grantee's lack of satisfactory performance under the terms of this Agreement.The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense.Failure to fulfill the applicable technical requirements or complete all tasks or C14 activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated C14 invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department,at its option,may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an E event of default. 7. Financial Consequences for Nonperformance. a. Withholding Pam In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions,the State of Florida(State)reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement.None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. LO b. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be a submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies E in the CAP. All CAPS must be able to be implemented and performed in no more than sixty(60)calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten(10)days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted,Grantee shall have ten(10)days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten(10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement Attachment 1 2 of 12 Rev. 6/4/2021 Packet Pg.4239 L.7.e the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement,the pricing per deliverable established by the Grant Work Plan,and the billing procedures established by Department,Department agrees to pay Grantee for services rendered in accordance with Section 215.422,Florida Statutes(F.S.). b. Taxes.The Department is exempted from payment of State sales,use taxes and Federal excise taxes.The Grantee, however,shall not be exempted from paying any taxes that it is subject to,including State sales and use taxes,or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials.The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement The maximum amount of compensation under this Agreement, without an amendment,is described in the Standard Grant Agreement.Any additional funds necessary for the completion of this Project are the responsibility of Grantee. 0 d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs 1� upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. CL Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement,costs must be in compliance with laws,rules,and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: https://www.my floridaefo.com/Division/AA/Manuals/documents/ReferenceGuideforStateEx]2en C14 e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department C14 pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre-audit and post-audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. a� f. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. g. Final Payment Request.A final payment request should be submitted to Department no later than sixty(60)days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future LO appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. E i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: www.iilvfloridaefo.com/Divisioii/AANendors/defli-ilt.litm. j. Refund of Payments to the Department.Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department.If this Agreement is funded with federal funds and the Department is required to refund the federal government, the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions,the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salary/Wages. Grantee shall list personnel involved,position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. Attachment 1 3of12 Rev. 6/4/2021 Packet Pg.4240 L.7.e b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used(i.e.,fringe benefits,overhead,indirect,and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30)days of written notification.Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved,salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit,Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274,F.S., and Chapter 691-72,Florida Administrative Code(F.A.C.)and/or Chapter 691-73,F.A.C.,as applicable.The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its a subcontracts issued under this Agreement,if any,impose this requirement,in writing,on its subcontractors. 0 i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may 1� award,on a competitive basis,fixed-price subcontracts to consultants/contractors in performing the CL work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process(e.g.,Invitation to Bid,Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract.The Grantee may request approval from Department to award a fixed-price subcontract c14 resulting from procurement methods other than those identified above.In this instance,Grantee shall C1" request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount,Grantee may proceed in finalizing the fixed-price subcontract. E ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement,Equipment is defined as capital outlay costing $5,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific LO approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B,Property Reporting Form. f. Rental/Lease of Equipment.Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement,the documentation supporting these expenses must be itemized and include copies of receipts or invoices.Additionally,independent of Grantee's contract obligations to its subcontractor,Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties; or handling fees,such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase)must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents,Deeds,Leases,Easements,License Agreements,or other legal instrument documenting Attachment 1 4 of 12 Rev. 6/4/2021 Packet Pg.4241 L.7.e acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly,unless otherwise specified in the Attachments,on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period,problems encountered,problem resolutions,scheduled updates,and proposed work for the next reporting period. Quarterly status reports are due no later than twenty(20)days following the completion of the quarterly reporting period. For the purposes of this reporting requirement,the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty(30)days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval _ of all deliverables. b. If Grantee fails to perform the requested work,or fails to perform the work in a satisfactory manner,Grantee shall a forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not 0 limited to,failure to submit the required deliverables or failure to provide adequate documentation that the work 1� was actually performed. The Department shall provide written notification to Grantee of the failure to perform CL that shall result in retainage forfeiture.If the Grantee does not correct the failure to perform within the timeframe stated in Department's notice,the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing C14 procedures under this Agreement. C14 12. Insurance. a. Insurance Requirements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees and/or subcontractors,if any,to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors,if any,to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from,and in no way liable for,any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement,Grantee shall provide Department documentation W demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of LO any work under this Agreement. Upon receipt of written request from Department,Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance, a self- insured authorization,or other certification of self-insurance. E d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason,or if Grantee cannot get adequate coverage,Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten(10)days after the cancellation of coverage. e. Insurance Trust. If the Grantee's insurance is provided through an insurance trust,the Grantee shall instead add the Department of Environmental Protection,its employees,and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. a. Termination for Convenience. When it is in the State's best interest,Department may,at its sole discretion, terminate the Agreement in whole or in part by giving 30 days'written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated.The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30)days of the effective date of termination. The Department shall not pay any invoices received after thirty(30)days of the effective date of termination. b. Termination for Cause.The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other Attachment 1 5 of 12 Rev. 6/4/2021 Packet Pg.4242 L.7.e obligations under this Agreement.If,after termination,it is determined that Grantee was not in default,or that the default was excusable,the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department.The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination.After receipt of a notice of termination or partial termination unless as otherwise directed by Department,Grantee shall not furnish any service or deliverable on the date,and to the extent specified,in the notice. However,Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed,Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services.If Department has paid for any services prior to the expiration,cancellation, or termination of the Agreement,Grantee shall continue to provide Department with those services for which it has already been paid or,at Department's discretion, Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination.Expiration,or Cancellation of the Agreement.If services provided under the Agreement are being transitioned to another provider(s),Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative a obligation to cooperate with the new provider(s),however additional requirements may be outlined in the Grant 0 Work Plan. The Grantee shall not perform any services after Agreement expiration or termination,except as 1� necessary to complete the transition or continued portion of the Agreement,if any. CL 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default,Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances.This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure.The notice will also provide that,should the Grantee fail to perform within the time provided,Grantee will c14 be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default C14 notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee,the following non- exclusive list of events,acts,or omissions,shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable,failure to perform the minimal level of services required for a deliverable,discontinuance of 0 the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so,or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials,or discovery by the Department of such,made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, LO incomplete,or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory,regulatory, or licensing requirement, including an entry of an order revoking E the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period,Grantee(including its receiver or trustee in bankruptcy)provides to Department adequate assurances,reasonably acceptable to Department,of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title i i of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization,or liquidation. Attachment 1 6 of 12 Rev. 6/4/2021 Packet Pg.4243 L.7.e 16. Suspension of Work. The Department may,in its sole discretion,suspend any or all activities under the Agreement,at any time,when it is in the best interest of the State to do so.The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include,but are not limited to,budgetary constraints,declaration of emergency,or other such circumstances. After receiving a suspension notice,Grantee shall comply with the notice. Within 90 days,or any longer period agreed to by the parties,Department shall either: (1)issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension,the notice of suspension shall be deemed to satisfy the thirty(30)days'notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God,wars,acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either(1)within ten days after the cause that creates or will create the delay first a arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably 0 foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE 1� FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages,other than for an extension of time,shall be asserted against Department.The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If c14 performance is suspended or delayed,in whole or in part,due to any of the causes described in this paragraph, after C14 the causes have ceased to exist Grantee shall perform at no increased cost,unless Department determines,in its sole discretion,that the delay will significantly impair the value of the Agreement to Department,in which case Department may:(1)accept allocated performance or deliveries from Grantee,provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to E and by Grantee for the related costs and expenses)to replace all or part of the products or services that are the subject of the delay,which purchases may be deducted from the Agreement quantity;or(3)terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions,damages,and costs of every name and description arising from or relating to: Ly i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee,its agents,employees,partners,or subcontractors;provided,however,that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act E or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee:(1)written notice of any action or threatened action; (2)the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28,F.S.Further,nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee,insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or Attachment 1 7 of 12 Rev. 6/4/2021 Packet Pg.4244 L.7.e otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of$100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee,retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages,penalties,costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights,nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. w 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 0 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized 1� aliens,such violation shall be cause for unilateral cancellation of this Agreement.The Grantee shall be responsible 0. for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133,287.134,and 287.137 F.S.,the following restrictions apply to persons placed on ra the convicted vendor list,discriminatory vendor list,or the antitrust violator vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid,proposal,or reply on a contract c14 to provide any goods or services to a public entity; may not submit a bid,proposal, or reply on a C14 contract with a public entity for the construction or repair of a public building or public work;may not submit bids,proposals,or replies on leases of real property to apublic entity;may not be awarded or perform work as a Grantee,supplier,subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017,F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit bids,proposals,or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, LO supplier,subcontractor,or consultant under a contract with any public entity; and may not transact .i business with any public entity. iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator E vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid,proposal,or reply on any contract to provide any good or services to a public entity; may not submit a bid,proposal,or reply on any contract with a public entity for the construction or repair of a public building or public work;may not submit a bid,proposal,or reply on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor,or consultant under a contract with a public entity;and may not transact new business with a public entity. iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list,the discriminatory vendor list,or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity,at(850)487-0915. 23. Compliance with Federal,State and Local Laws. Attachment 1 8 of 12 Rev. 6/4/2021 Packet Pg.4245 L.7.e a. The Grantee and all its agents shall comply with all federal,state and local regulations,including,but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in;be denied the proceeds or benefits of,or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State,and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law,the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification;or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. a b. If this Agreement is for more than one million dollars,the Grantee certifies that it is also not on the Scrutinized 0 Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector 1� List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to CL Section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option if the Grantee 0 is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List,or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. c. As provided in Subsection 287135(8),F.S.,if federal law ceases to authorize these contracting prohibitions then c14 they shall become inoperative. C14 25. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to Section 216.347,F.S.,except that pursuant to the requirements of Section 287.058(6),F.S.,during the term of any executed agreement between Grantee and the State, Grantee may lobby the E executive or legislative branch concerning the scope of services,performance,term,or compensation regarding that agreement.The Grantee shall comply with Sections 11.062 and 216.347,F.S. 26. Record Keeping. The Grantee shall maintain books,records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles(US GAAP)consistently applied. The Department,the State,or their authorized representatives shall have access to such records for audit purposes during W the term of this Agreement and for five(5)years following the completion date or termination of the Agreement. In LO the event that any work is subcontracted,Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General,or other authorized State official,Grantee shall provide any type of information the Inspector General deems relevant to Grantee's E integrity or responsibility. Such information may include,but shall not be limited to, Grantee's business or financial records,documents,or files of any type or form that refer to or relate to Agreement.The Grantee shall retain such records for the longer of: (1)three years after the expiration of the Agreement;or(2)the period required by the General Records Schedules maintained by the Florida Department of State(available at: htto://dos.mvflorida.com/librarv-archives/records-manaaement/a_eneral-records-schedules. 27. Audits. a. Inspector General. The Grantee understands its duty,pursuant to Section 20.055(5),F.S.,to cooperate with the inspector general in any investigation, audit, inspection,review, or hearing. The Grantee will comply with this duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this requirement,in writing,on its sub-grantees and/or subcontractors,respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement,with reasonable notice and during normal business hours,including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment,materials or documents; Attachment 1 9 of 12 Rev. 6/4/2021 Packet Pg.4246 L.7.e ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1,to Attachment 5. If Department fails to provide an updated copy of Exhibit i to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5,Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance,Grantee shall utilize the guidance provided under 2 CFR §200.330 for determining whether the relationship represents that of a subrecipient or vendor.For State financial assistance,Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: https:A\apes.fldfs.cone\fsaa. a d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, 0 Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to 1� the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. 0. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30)days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not c14 commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees c14 are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. E i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund,either in whole or in part,of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by LO Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds E originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section,the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 28. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 29. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 30. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause,require the replacement of any Grantee employee, subcontractor,or agent. For cause,includes,but is not limited to,technical or training qualifications,quality of work,change in security status, or non-compliance with an applicable Department policy or other requirement. Attachment 1 10 of 12 Rev. 6/4/2021 Packet Pg.4247 L.7.e c. The Department may, for cause,deny access to Department's secure information or any facility by any Grantee employee,subcontractor,or agent. d. The Department's actions under paragraphs b.or c.shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement.The Grantee shall be responsible for the payment of all monies due under any subcontract.The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities,unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at(850)487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform,if the failure to perform is caused by the default of a subcontractor at any tier,and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s),and without the fault or negligence of either,unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery a schedule. 0 31. Guarantee of Parent Company. 1� If Grantee is a subsidiary of another corporation or other business entity,Grantee asserts that its parent company will CL guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 32. Survival. The respective obligations of the parties,which by their nature would continue beyond the termination or expiration c14 of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and C14 public records,shall survive termination,cancellation,or expiration of this Agreement. 33. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee,its agents,servants,and employees,nor shall Grantee disclaim its own negligence to Department or any third party. This E Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract,Grantee will specifically disclose that this Agreement does not create any third- party rights.Further,no third parties shall rely upon any of the rights and obligations created under this Agreement. 34. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision,and shall remain in full force and effect. 35. Grantee's Employees,Subcontractors and Agents. LO All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained .i technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of a technical certification or other proof of qualification.All employees,subcontractors,or agents performing work under E Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 36. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement,without the prior written consent of Department. In the event of any assignment,Grantee remains secondarily liable for performance of the Agreement,unless Department expressly waives such secondary liability.The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 37. Compensation Report. If this Agreement is a sole-source,public-private agreement or if the Grantee,through this agreement with the State, annually receive 50%or more of their budget from the State or from a combination of State and Federal funds,the Grantee shall provide an annual report,including the most recent IRS Form 990,detailing the total compensation for the entities'executive leadership teams.Total compensation shall include salary,bonuses,cashed-in leave,cash equivalents,severance pay,retirement benefits,deferred compensation,real-property gifts,and any other payout. The Grantee must also inform the Department of any changes in total executive compensation between the annual Attachment 1 11 of 12 Rev. 6/4/2021 Packet Pg.4248 L.7.e reports.All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 38. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement,may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996,electronic signatures,including facsimile transmissions,may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. 0 0 CL c14 c14 zl U) LO E c� Attachment 1 12 of 12 Rev. 6/4/2021 Packet Pg.4249 L.7.e STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO.LPA0249 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions,Attachment 1.Where in conflict,these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is Monroe County Canals 425,4259,4291,and 4475 Restoration Projects. The Project is defined in more detail in Attachment 3,Grant Work Plan. 2. Duration. a. Reimbursement Period.The reimbursement period for this Agreement begins on July 1,2021 and ends at the expiration of the Agreement. b. Extensions.There are extensions available for this Project. 0 c. Service Periods.Additional service periods are not authorized under this Agreement. 0 3. Payment Provisions. a. Compensation.This is a cost reimbursement Agreement.The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing.Invoicing will occur as indicated in Attachment 3. c. Advance Pay.Advance Pay is not authorized under this Agreement. c14 c14 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories,as defined in the Reference Guide for State Expenditures,as indicated: Reimbursement Match Category as ❑ ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits,N/A. ❑ ❑ b. Indirect Costs,N/A. © ❑ Contractual(Subcontractors) ❑ ❑ Travel,in accordance with Section 112,F.S. LO ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment E ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements There is no match required on the part of the Grantee under this Agreement. Attachment 2 1 of 2 Rev.8/10/2020 Packet Pg.4250 L.7.e 8. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee,at its sole expense,shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida,or alternatively,Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida.Additional insurance requirements for this Agreement may be required elsewhere in this Agreement,however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department,its employees,and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be$250,000 for each occurrence and$500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle,the Grantee shall maintain automobile liability,bodily injury,and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis.The Department,its employees,and officers shall a be named as an additional insured on any automobile insurance policy. The minimum limits shall be as 0 follows: 1� $200,000/300,000 Automobile Liability for Company-Owned Vehicles,if applicable C, $200,000/300,000 Hired and Non-owned Automobile Liability Coverage c. Workers' Compensation and Employer's Liability Coverage. The Grantee shall provide workers' compensation,in accordance with Chapter 440,F.S. and employer liability coverage with minimum limits of$100,000 per accident,$100,000 per person,and$500,000 d policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. c14 d. Other Insurance.None. Q zl 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. No retainage is required under this Agreement. 11. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement,which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for LO subcontracted work. Regardless of any subcontract,the Grantee is ultimately responsible for all work to be performed under this Agreement. 12. State-owned Land. The work will not be performed on State-owned land. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Additional Terms. None. Attachment 2 2of2 Rev.8/10/2020 Packet Pg.4251 L.7.e ATTACHMENT 3 GRANT WORK PLAN PROJECT TITLE: Monroe County Canals 425, 4259, 4291, and 4475 Restoration Projects PROJECT LOCATION: The Project will be located within various canals in unincorporated Monroe County; see table below for locations: Canal Area Latitude Longitude 25 Key Largo 25.1670 -80.3831 259 Big Pine Key 24.7031 -81.3499 291 Big Pine Key 24.6754 -81.3716 475 Geiger Key 24.5791 -81.6557 PROJECT BACKGROUND In 2013, Phase II of the Monroe County Canal Management Master Plan 0 (CMMP) was completed that evaluated the conditions of the Keys canals, prioritized the need for water 1� 0 quality improvement, and identified appropriate restoration options for each canal: C • Culvert • Air Curtain/Weedgate • Organic Removal N • Backfill N zl As part of the Canal Restoration Demonstration Program, Florida International University (FIU) assessed U) the effectiveness of the various technologies implemented by Monroe County and its partners by comparing treated canals against nearby,unaltered controls over a period of three years. a� Based on data collected during the limited monitoring period, F1U made the following conclusions about the culvert, air curtain, and backfill technology(s): • This technology effectively increased oxygenation by improving circulation and exchange. This is in alignment with the purpose of culverts which are to stimulate the exchange with cleaner near 'a shore waters; Since the demonstration canal restorations were proposed by Monroe County,the canal restoration program a has grown to include over 17 residential canal restoration projects throughout Monroe County. PROJECT DESCRIPTION: The canals (425 Key Largo, 4259 Big Pine Key, 4291 Big Pine Key, and 4475 Geiger Key) are a continuation of the canal restoration program in accordance with the Department of Economic Opportunity (DEO) canal restoration work as detailed in the Monroe County 28.20.140 Comprehensive Plan. The projects will be designed to promote flushing in the canal by removing the deep stagnant zones within the canals and promote a viable benthic community which will help to restore the canal waters to Florida Department of Environmental Protection(FDEP) Dissolved Oxygen standards. DEP Agreement No. LPA0249, Attachment 3,Page 1 of 3 Packet Pg.4252 L.7.e TASKS: All documentation should be submitted electronically unless otherwise indicated. Task 1: Desien and Permittine (Canals#25 and#291) Deliverables: The Grantee will complete the design restoration of Canals # 25 and 4291 and obtain all necessary permits for construction of the project. 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 summary of design (or preconstruction) activities to date, indicating the percentage of design completion for the time period covered in the payment request. For the final documentation, the Grantee will also submit a copy of the design completed with the funding provided for this task and a list of all required permits identifying issue W dates and issuing authorities. a 0 Performance Standard: The Department's Grant Manager will review the documentation to verify that 0 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. CN Q c� Task 2: Bidding and Contractor Selection (Canals #25,#259, and#475) Deliverables: The Grantee will prepare a bid package,publish a public notice, solicit bids, conduct pre-bid meetings,and respond to bid questions in accordance with the Grantee's procurement process,to select one or more qualified and licensed contractors to complete the restoration of Canals 425, 4259, and 4475. Documentation: The Grantee will submit: 1) the public notice of advertisement for the bid; 2) the bid package; and 3) a written notice of selected contractor(s). LO 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 E Department's Grant Manager,the Grantee may proceed with payment request submittal. U Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement following the conclusion of the task. Task 3: Construction (Canals #25,#259, and#475) Deliverables: The Grantee will the complete the restoration of Canals 425, 4259, and 4475 in accordance with the construction contract documents. Documentation: The Grantee will submit 1) a copy of the final design; 2) a signed acceptance of the completed work to date, as provided in the Grantee's Certification of Payment Request; and 3) a signed Engineer's Certification of Payment Request. DEP Agreement No. LPA0249, Attachment 3, Page 2 of 3 Packet Pg.4253 L.7.e 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. Task 4: Proiect Manaeement(Canals#25,#259, and#475) Deliverables: The Grantee will perform project management, to include 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 W inspection(s), meeting minutes and field notes, as applicable. a 0 Performance Standard: The Department's Grant Manager will review the documentation to verify that 0 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. CN Q c� 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. 0 Task Budget Grant Task Start Task End No. Task Title Category Amount Date Date Contractual 1 Design and Permitting Services $116,879 07/01/2021 09/30/2023 LO Bidding and Contractor Contractual 2 Selection Services $10,000 07/01/2021 09/30/2023 �E c� 3 Construction Contractual Services $2 270,014 07/01/2021 09/30/2023 4 Project Management Contractual $190,188 07/01/2021 09/30/2023 Services Total: $2,587,081 DEP Agreement No. LPA0249, Attachment 3, Page 3 of 3 Packet Pg.4254 L.7.e STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents,papers, letters, or other material,regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement(Public Records),unless the Public Records are exempt from section 24(a)of Article I of the Florida Constitution or section 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701,F.S.,If Applicable. For the purposes of this paragraph,the term"contract"means the "Agreement." If Grantee is a"contractor"as defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. w b. Upon request,provide Department with a copy of requested Public Records or allow the Public Records to be a inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,F.S., or as otherwise provided by law. 0 CL c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119.10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. � e. Upon completion of the contract, transfer, at no cost,to Department all Public Records in possession of the contractor c� or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all U) Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public.scrvices(iOoridadc . ov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 1ofi Rev.4/27/2018 Packet Pg.4255 L.7.e STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 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, W on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By a 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 0 Protection determines that a limited scope audit of the recipient is appropriate,the recipient agrees to comply with any C 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 c14 c14 l� PART I:FEDERALLY FUNDED z" U) 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 LO guidelines established in 2 CFR 200.502-503.An audit of the recipient conducted by the Auditor General in a accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. c� 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 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.cfda.uov Attachment 5 1 of 6 BGS-DEP 55-215 revised 7/2019 Packet Pg.4256 L.7.e 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 0 financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local 1� governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General. CL a� 3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year(for fiscal year ending ra 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 c14 215.97,Florida Statutes,the cost of the audit must be paid from the non-state entity's resources(i.e.,the cost C14 of such an audit must be paid from the recipient's resources obtained from other than State entities). U) 4. For information regarding the Florida Catalog of State Financial Assistance(CSFA),a recipient should access the Florida Single Audit Act website located athttps://aj2j2s.fldfs.com/fsaa for assistance. In addition to the E above websites, the following websites may be accessed for information: Legislature's Website at http://www.le, state.fl.us/vVelcome/index.cfh1 State of Florida's website at http://www.mvflorida.com/ Department of Financial Services' Website at http://www.fldfs.com/and the Auditor General's Website at littp://www.iil,vflorida.com/ai-id�eii/. � C9 PART III: OTHER AUDIT REQUIREMENTS LO 4i (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 E 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 2of6 BGS-DEP 55-215 revised 7/2019 Packet Pg.4257 L.7.e 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 0 Florida Department of Environmental Protection 1� Office of Inspector General,MS 40 CL 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEP SingleAudit((Mep.state.ft.us c14 c14 B. The Auditor General's Office at the following address: U) Auditor General a� 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. LO 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: FDEP SingleAudit((Mep.state.ft.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 3of6 BGS-DEP 55-215 revised 7/2019 Packet Pg.4258 L.7.e 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. 0 0 CL c14 cN zl U) LO E c� Attachment 5 4of6 BGS-DEP 55-215 revised 7/2019 Packet Pg.4259 L.7.e 0 0 � mil y rram,, y rram,, E E � w w o � Z o � w CL p� U U U U U w w w o cN O o U U ° 'i U •� oo � LO W Q 4.1zi � a a �i O ••' Q O U U � � ao W a� � PE o P" o O 3 w w o U U Packet Pg.4260 L.7.e ct y v (� cct In ..o o � � o � � � 'a A•, � a o o i In Qj U u as 'AO x+ � .U x+ [� - a as U �•� A cct i-r �''.� A 0. N 'C r ¢" CL U E In QQ pi c14 L) O '� '3 '� O O U .�' N w w w w O •� •� m � � � iUa ^.� � � VJ w � ZZ Oct Q^ O OL) �" v O -zza. LO Q u N tj Qt .. O cz Qj GJ I. Ste. N U �U+ yU,, ,Q; Q Packet Pg.4261 L.7.e STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Exhibit A Progress Report Form DEP Agreement No.: LPA0249 Project Title: Monroe County Canals 425, 4259, 4291, and 4475 Restoration Projects Grantee Name: Monroe Count Grantee's Grant Manager: Rhonda Haag Reporting Period: ��� �, , D � S �. Provide the followine information for all tasks identified in the Grant Work Plan: Summarize the work completed within each task for the reporting period. Provide an update on the estimated &j completion date for each task and an explanation for any anticipated delays or problems encountered.Add or remove task sections and use as many pages as necessary to cover all tasks.Use the format provided below. 0 0 CL Task 1: Design and Permitting • Progress for this reporting period: c14 • Identify delays or problems encountered: U) Task 2: Bidding and Contractor Selection a� • Progress for this reporting period: • Identify delays or problems encountered: LO Task 3: Construction • Progress for this reporting period: c� • Identify delays or problems encountered: Task 4: Proiect Management • Progress for this reporting period: • Identify delays or problems encountered Exhibit A,Page 1 of 2 Rev. 10/28/20 Packet Pg.4262 L.7.e Indicate the completion status for the followine tasks: Design(Plans/Submittal): 30% ❑, 60% ❑, 90% ❑, 100% ❑ Permitting (Completed): Yes ❑,No ❑ Construction(Estimated): % This report is submitted in accordance with the reporting requirements of the above DEP Agreement number and accurately reflects the activities associated with the project. 0 Signature of Grantee's Grant Manager(Original Ink) Date C, cN cN zl U) LO E c� Exhibit A,Page 2 of 2 Rev. 10/28/20 Packet Pg.4263 L.7.e STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Exhibit C Payment Request Summary Form The Payment Request Summary Form for this grant can be found on our website at this link: htt s://floridade .�ov/wra/wra/docuizents/�avi ent-re nest-SUni iarv-form Please use the most current form found on the website, linked above, for each payment request. 0 0 CL c14 c14 zl U) 0 LO E c� Exhibit C,Page I of I Rev. 12/02/19 Packet Pg.4264 L.7.e COty f � ,�� " 'p����� � BOARD OF COUNTY COMMISSIONERS ,ti Mayor David Rice,District 4 The Florida Keys Mayor Pro Tem Craig Cates,District 1 l Michelle Coldiron,District 2 James K.Scholl,District 3 Holly Merrill Raschein,District 5 County Commission Meeting December 8, 2021 Agenda Item Summary #10057 BULK ITEM: No DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305)453-8774 0 N/A a 0 AGENDA ITEM WORDING: Approval of Amendment No. 4 to the revenue grant agreement 0 4LP44074 with the Florida Department of Environmental Protection to authorize a $51,391.35 0 reduction of funds to be reallocated to grant LPA0089; also authorization for the County W Administrator to sign any necessary documents, including this Amendment. N ITEM BACKGROUND: This item approves Amendment No. 4 for a reduction in funds of Q $51,391.35 to the revenue grant agreement 4LP44074 with the Florida Department of Environmental l Protection, which will be reallocated to DEP grant LPA0089. The adjusted total grant amount for LP44074 is $5,949,373.54. E a� Task Budget Budget Task Start Task End No. Task Title Category Amount Date Date Marine Debris Removal Contractual 1 —USDA NRCS EWP Services $5,137,785.03 07/01/2017 10/31/2019 Project Management and 2 LO Disaster Related Contractual $177 299.86 07/01/2017 10/31/2019 C Services—USDA NRCS Services 0 EWP E Marine Debris Removal Contractual 3 —Not Covered by USDA Services $429,558.44 07/01/2017 6/30/2022 < NRCS EWP Project Management, 4 Monitoring and Disaster Contractual $204,730.21 07/01/2017 6/30/2022 Related Services—Not Services Covered by USDA NRCS EWP Total: $5,949,373.54 PREVIOUS RELEVANT BOCC ACTION: Packet Pg.4265 L.7.e July 18, 2018: Approved a resolution approving the expenditure of the $3.99 Million FY17/18 Keys Stewardship funds and $1.5 Million FY18/19 Keys Stewardship funds, totaling $5.49 Million, towards Monroe County's local cost share match of $7,930,383 under USDA NRCS Grant NR184209XXXXCO27 for marine debris removal and related services resulting from Hurricane Irma;providing for an effective date. [Note: After the July BOCC meeting, the FY17-18 amount was revised by DEP to total $4.0 Million instead of$3.99 Million]. August 15, 2018: Approval of revenue grant agreement 4LP44074 with the Florida Department of Environmental Protection to approve the expenditure of$4.0 Million in FY17-18 Keys Stewardship funds and $1.5 Million in FY18-19 Keys Stewardship funds, totaling $5.5 Million, towards Monroe County's local cost share match maximum of $7,930,383 under USDA NRCS Grant NR184209XXXXCO27 for marine debris removal and related services resulting from Hurricane W a Irma;providing for an effective date. 0 0 November 20, 2018: Approval of Amendment No. 1 to the revenue grant agreement 4LP44074 with the Florida Department of Environmental Protection to add marine debris monitoring services and plugged canal clearing to the list of approved uses of the $5.5 Million in available Stewardship Funds. c� September 18, 2019: Approval of Amendment No. 2 to the revenue grant agreement 4LP44074 with Q the Florida Department of Environmental Protection to add $1.8 Million in FY19-20 Keys l Stewardship funds to be used for marine debris removal and monitoring services as the 25% match under the NRCS grant work; totaling $7,300,000 in available funds. E a� April 21, 2021: Approval of Amendment No. 3 to the revenue grant agreement 4LP44074 with the Florida Department of Environmental Protection to authorize a reallocation of$1,299,235.11 to new Stewardship grant LPA0089; and authorize the County Administrator to execute the amendment. December 8, 2021: [Scheduled] Approval of a no cost Change Order 41 to the revenue grant Ul) agreement 4LP44074 with the Florida Department of Environmental Protection to authorize an internal transfer of funds among tasks; also authorization for the County Administrator to sign any necessary documents, including this Change Order. CONTRACT/AGREEMENT CHANGES: Reduction of funds for reallocation to LPA0089 grant STAFF RECOMMENDATION: Approval. DOCUMENTATION: LP44074_Monroe Amend 4for signature (002) LP44074_Monroe CO Sustainability - LP44074-A3 - Fully Executed 2nd Amendment 09/18/2019 Packet Pg.4266 L.7.e 1st Amendment 11/20/2018 08/15/2018 Grant FINANCIAL IMPACT: Effective Date: Date of Execution Expiration Date: Total Dollar Value of Amendment No. 4: ($51,391.35) Total REVISED Dollar Value of GRANT: $5,949,373.54 Total Cost to County: $0 Current Year Portion: N/A Budgeted: N/A Source of Funds: FDEP Stewardship Funds CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: None Revenue Producing: N/A If yes, amount: a Grant: Yes County Match: N/A 0 Insurance Required: No � CL Additional Details: REVIEWED BY: N Rhonda Haag Completed 12/03/2021 12:23 PM Q Cynthia Hall Completed 12/03/2021 1:27 PM l Purchasing Completed 12/03/2021 3:20 PM Budget and Finance Completed 12/07/2021 8:44 AM E Maria Slavik Completed 12/07/2021 8:47 AM 2 Liz Yongue Completed 12/07/2021 8:55 AM Board of County Commissioners Completed 12/08/2021 9:00 AM c� Packet Pg.4267 L.7.e pR COURT, Kevin Madok, CPA O ;o q•..... v Clerk of the Circuit Court& Comptroller—Monroe County, Florida 1 { OE COVN•• DATE: January 19, 2022 TO: Rhonda Haag Chief Resilience Officer Liz Yongue Executive Assistant `' FROM: Pamela G. HancocQb.C. 0 SUBJECT: December 8'BOCC Meeting Attached is an electronic copy of die following item, executed by die County Administrator and the state, that has been added to the record: V12 4di Amendment to die Revenue Grant Agreement No. LP44074 wide the Florida CN Department of Environmental Protection to audiorize a$51,391.35 reduction of funds to be reallocated to grant LPA0089; also granted audiorization for die County Administrator to sign any necessary documents, including this amendment. Should you leave any questions please feel free to contact me at(305) 292-3550. LO E c� 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 Pia 305-294-4641 305-289-6027 305-852-7145 305 Packet Pg.4268 I L.7.e 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 a Appropriations Act, and (3) $1,800,000 was provided under Line Item 1660A of the 2019-20 General 0 Appropriations Act for this Project; and, 1� 0 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, c14 WHEREAS, the grant amount is hereby further reduced by $51,391.35, and the adjusted total grant amount is C1" $5,949,373.54; and U) 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. C9 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 LO 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 Packet Pg.4269 L.7.e 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 0 `n/ Digitally signed by Sandra Waters Sandra YYaterS Date:2021.12.21 12:12:38-05'00' 0 CL Sandra Waters,DEP QC Reviewer c14 List of attachments/exhibits included as part of this Amendment: C1" zl Letter/ Specify Type Number Description(include number of pages) Attachment 3-5 Revised Grant Work Plan(3 Pages) E Attachment 5-3 Revised Special Audit Requirements(6 Pages) LO c� 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 Packet Pg.4270 L.7.e 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 a 0 and disposal operations. 0 CL 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. d c14 Tasks 3 and 4 will cover marine debris removal services as a result of Hurricane Irma from up to 108 canals Q c� 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: c� x Vegetation, hazardous waste, construction and demolition debris, propane tanks, white goods, e LO - 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; E 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 Packet Pg.4271 L.7.e 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. a 0 Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no CL 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 CN related services to confirm compliance with NRCS requirements and all state statutes and local a CN ordinances. U) 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 Packet Pg.4272 L.7.e 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 a frequently than monthly. 0 CL 0 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 CN No. Task Title CN Category Amount Date Date c� Marine Debris Removal Contractual 1 $5,137,785.03 07/01/2017 10/31/2019 —USDA NRCS EWP Services Project Management and Disaster Related Contractual 2 Services—USDA NRCS Services $177 299.86 07/01/2017 10/31/2019 EWP Marine Debris Removal 3 —Not Covered by USDA Contractual $429,558.44 07/01/2017 6/30/2022 NRCS EWP Services Pro ect Management,J Monitoring and Disaster 4 Related Services—Not Contractual $204,730.21 07/01/2017 6/30/2022 Covered by USDA Services c� 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 Packet Pg.4273 L.7.e 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, W on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By a 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 0 Protection determines that a limited scope audit of the recipient is appropriate,the recipient agrees to comply with any C 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 c14 c14 l� PART I:FEDERALLY FUNDED z" U) 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 LO guidelines established in 2 CFR 200.502-503.An audit of the recipient conducted by the Auditor General in a accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. c� 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 w ww.cfda.uov Attachment 5-3 1 of 6 BGS-DEP 55-215 revised 12/14/2020 Packet Pg.4274 L.7.e 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 0 financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local 1� governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General. CL a� 3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year(for fiscal year ending ra 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 c14 215.97,Florida Statutes,the cost of the audit must be paid from the non-state entity's resources(i.e.,the cost C14 of such an audit must be paid from the recipient's resources obtained from other than State entities). U) 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 E above websites, the following websites may be accessed for information: Legislature's Website at http://www.le, state.ft.us/Kelcome/index.cfni 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/. � C9 PART III: OTHER AUDIT REQUIREMENTS LO 4i (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 Packet Pg.4275 L.7.e 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 0 Florida Department of Environmental Protection 1� Office of Inspector General,MS 40 CL 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSingleAudit((Mep.state.fl.us c14 c14 B. The Auditor General's Office at the following address: U) Auditor General a� Local Government Audits/342 Claude Pepper Building,Room 401 111 West Madison Street Tallahassee,Florida 32399-1450 The Auditor General's website(http://ftauditor.lov)provides instructions for filing an electronic copy of a financial reporting package. LO 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 Packet Pg.4276 L.7.e 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. 0 0 CL c14 c14 zl U) LO E c� Attachment 5-3 4of6 BGS-DEP 55-215 revised 12/14/2020 Packet Pg.4277 L.7.e 0 0 � N E E � w w o � Z o � w CL CN � U O U � O w w w o c�o U U ° y U m v W U) F+W W N 14) H � QQ N v4.1 v C t 9 a UZ UZ � � v � v � U �i O �••' Q� O U U o O 3 w w o U U Packet Pg.4278 L.7.e '� '� � •� �n v� �n v� �n ea c � Q •� � O sue, � � ^O'� � ��I •p' � a��-i-lI o O O z U d o ct In � w ti cC ct CL � � � d ° U '3 � '3 � '3 � '3 � '3 � � o � ° o ao � a •o � aq 3 v] O w cC In IncC cC cC � O CIZ a U U o � � � � � � � � � � o � pi In In `�+ ' o 0 0 0 0 o oU eu H U ea U S: S: a•� 00 01 O O O O U a ¢,� p.' "Q Q e�C U U U 00 0 0 0 U o tt9 .� s. s. .fy � '� .fy O '� U •O O O O O U � � O U an � bA a'`�'.a a� � -zz a� � L y cC cC O ct � o o d o o o 3 a 3 U 'U U U_ N O y y y Pi Pi P-i P Pi sue, O O O O � � and onCQ y and .bna°'i •� a°'iN � � ya onCQ � cy P-1 j Q c� a) a) a Od a:o � Packet Pg.4279 L.7.e COty f � ,�� " 'p����� � BOARD OF COUNTY COMMISSIONERS ,ti Mayor David Rice,District 4 The Florida Keys Mayor Pro Tem Craig Cates,District 1 l Michelle Coldiron,District 2 James K.Scholl,District 3 Holly Merrill Raschein,District 5 County Commission Meeting December 8, 2021 Agenda Item Summary #10058 BULK ITEM: No DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305)453-8774 0 N/A a 0 AGENDA ITEM WORDING: Approval of a $51,391.35 Amendment No. 1 to revenue grant 0 agreement 4LPA0089 with the Florida Department of Environmental Protection for Canal 84 0 construction and program management services; and authorize the County Administrator to execute the amendment. N ITEM BACKGROUND: This item approves Amendment No. 1 of $51,391.35 in additional Q funding to DEP Agreement LPA0089. The total funding for this Agreement is now $1,351,376. l Funds were added to Project Management Services to fully fund both tasks of the canal 84 restoration in Rock Harbor in Key Largo, as follows: E a� Current Budget: Task No. 1 Project Management Contractual $ 49,984.65 07/01/2020 06/30/2022 Services LO ctu 2 Construction CSery cesal $1,250,000.00 07/01/2020 06/30/2022 Total: $1,299,984.65 REVISED Budget: Task No. 1 Project Management Contractual $ 101,376 07/01/2020 06/30/2022 Services 2 Construction Contractual $1,250,000 07/01/2020 06/30/2022 Services Total: $1,351,376.00 Packet Pg.4280 L.7.e 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. Canal 484 in Rock Harbor will be restored 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. The residents are anticipated to install an air curtain to help keep out the seaweed. 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. PREVIOUS RELEVANT BOCC ACTION: a 04/21/21: Approval of Amendment No. 3 to the revenue grant agreement 4LP44074 with the Florida Department of Environmental Protection to authorize a reallocation of $1,299,235.11 to new 0 Stewardship grant LPA0089; and authorize the County Administrator to execute the amendment. 04/21/21: Approval of revenue grant agreement 4LPA0089 with the Florida Department of Environmental Protection to authorize revenue funds of $1,299,984.65 for a canal restoration for canal 84 and program management services; and authorize the County Administrator to execute the N Grant. U) 09/15/21: Approval of a $0 change order 41 under revenue grant agreement 4LPA0089 with the Florida Department of Environmental Protection for Canal 84 construction and program management services to authorize a reallocation of existing funds; and authorize the County Administrator to execute the change order. CONTRACT/AGREEMENT CHANGES: Add funds to project mgmt task LO STAFF RECOMMENDATION: Approval c� DOCUMENTATION: LPA0089_Monroe Rock Harbor Amend 1_for signature DEP Grant LPA0089-CO1 for C84 Restoration LPA0089_Monroe Rock Harbor_original fully executed FINANCIAL IMPACT: Effective Date: Upon Execution Expiration Date: December 31, 2022 Total Dollar Value of Revised Grant: $1,351,376.00 Value of Amendment 41: $51,391.35 Total Cost to County: $0 Current Year Portion: N/A Budgeted: N/A Packet Pg.4281 L.7.e Source of Funds: FDEP Stewardship Funds CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: None Revenue Producing: N/A If yes, amount: Grant: Yes County Match: N/A Insurance Required: Yes by FDEP on behalf of the County Additional Details: REVIEWED BY: Rhonda Haag Completed 12/03/2021 12:25 PM Cynthia Hall Completed 12/03/2021 1:29 PM Purchasing Completed 12/03/2021 3:19 PM Budget and Finance Completed 12/07/2021 8:45 AM W Maria Slavik Completed 12/07/2021 8:48 AM 0 Liz Yongue Completed 12/07/2021 9:39 AM Board of County Commissioners Completed 12/08/2021 9:00 AM a� N N zl U) LO E c� Packet Pg.4282 Clerk of tllo 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. 0 SUBJECT: December 8' BOCC Meeting 0 a� 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: d V 13 1 sf Amendment to Revenue Grant Agreement No. LPA0089, with the Florida CN 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. LO E c� cc: County Attorney_ Finance File KEY WEST MARATHON PLANTATION KEY RK/RO�TH BUILDING 500Whitehead Street 31117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Pflorida 33,040 Marathon,Florida 33050 Plantation Key„Florida 33070 Plant4tion rP� 30�5-204-4041 30�5-239-0027 305-352-7145 305- Packet Pg.4283 L.7.e 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, a 0 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. 0, a� 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 c14 the Agreement. All references in the Agreement to Attachment 3-1 shall hereinafter refer to Attachment C14 3-2,Revised Grant Work Plan. U) 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 E 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. LO REMAINDER OF PAGE INTENTIONALLY LEFT BLANK c� DEP Agreement No.LPA0089 Amendment No. 1,Page 1 of 2 Packet Pg.4284 L.7.e 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 " „"" Trina VielhauerDial"signedbyTrina Vielhlhauer By.—M .., '� mtau ,.m�...,.,. By: Date:2021.12.21 12:49:14-05'00' Roman Gastes, 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 } 0 Sand i'a Wa lerS Digitally signed by Sandra Waters �A Date:2021.12.21 12:13:03-05'00' 0 CL Sandra Waters,DEP QC Reviewer 76 c14 List of attachments/exhibits included as part of this Amendment: C14 zl Letter/ Specify Type Number Description(include number of pages) Attachment 3-2 Revised Grant Work Plan(3 Pages) E 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 Packet Pg.4285 L.7.e 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, CL 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 CN backfilling. a PROJECT DESCRIPTION: The Grantee will restore Canal 484 in Rock Harbor through the removal of U) 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. LO Task 1: Proiect Management E c� 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 Packet Pg.4286 L.7.e 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. 0 PROJECT TIMELINE & BUDGET DETAIL: 0. 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. Budget Grant Task Start Task End cN cN Task Task Title Category Amount Date Date No. � 1 Project Management Contractual $ 101,376 07/01/2020 06/30/2022 Services Contractual 2 Construction Services $1,250,000 07/01/2020 06/30/2022 Total: $1,351,376.00 LO c� DEP Agreement No. LPA0089,Attachment 3-2, Page 2 of 3 Packet Pg.4287 L.7.e Figure 1. Location map I Oil; fdg i rr � a » 0 a CL 9/ , �41 m N ,' w n i r i W I I i I " E � a.a a DEP Agreement No. LPA0089,Attachment 3-2, Page 3 of 3 Packet Pg.4288 L.7.e 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 he referred to as the 'Department", 'DEP", "EDEP"or "Grantor", or other name in the agreement)to the recipient(which may he 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, W on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By a 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 0 Protection determines that a limited scope audit of the recipient is appropriate,the recipient agrees to comply with any C 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 c14 c14 l� PART L• FEDERALLY FUNDED z" U) 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 LO guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in a accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. c� 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 wwwacl°alaaM v. ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Attachment 5-1 1 of 6 BGS-DEP 55-215 revised 7/2019 Packet Pg.4289 L.7.e 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 0 financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local 1� governmental entities)or 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General. C, a� 3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year(for fiscal year ending ra 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 c14 215.97,Florida Statutes,the cost of the audit must be paid from the non-state entity's resources(i.e.,the cost C14 of such an audit must be paid from the recipient's resources obtained from other than State entities). U) 4. For information regarding the Florida Catalog of State Financial Assistance(CSFA),a recipient should access the Florida Single Audit Act web site located at 11,,,,,, L.//appsA fs.coniNsaa for assistance. In addition to the E above websites, the following websites may be accessed for information: Legislature's Website at h� ://www.IC).sLt;.fl.uslWClcoiiie/in(lex.cfnfl, State of Florida's website at littpL//www.iiiyflori(li.coiii/, � Department of Financial Services' Website at lit://www.ndfs.coiii/and the Auditor General's Website at � ln���://www�rrflydla:rmudQa csr�n��l�udgp.;e��. � PART III: OTHER AUDIT REQUIREMENTS LO (NOTE: This part would be used to speck 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 E 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 Packet Pg.4290 L.7.e 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�,flp://hamves r.ceiisus.Lyov/ricwcb/ 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 0 Florida Department of Environmental Protection 1� Office of Inspector General,MS 40 CL 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: ll Pn,nn1cA�datIar),de�.state.fl.us C14 c14 B. The Auditor General's Office at the following address: U) Auditor General a� Local Government Audits/342 Claude Pepper Building,Room 401 I I I West Madison Street Tallahassee,Florida 32399-1450 The Auditor General's website(11 :/Mag6tor.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: U.EP 05n p.statc.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 Packet Pg.4291 L.7.e 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. 0 0 CL c14 cN zl U) LO E c� Attachment 5-1 4 of 6 BGS-DEP 55-215 revised 7/2019 Packet Pg.4292 L.7.e EXHIBIT—1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Note:If the resources mvarded to the recipient represent more than one federal program,provide the some information shown below for each federal program and show total federalresources mvarded 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 some manner as shown below: Federal 0 Program First Compliance requirement:i.e.:(what services of purposes resources must be used for) 1� A 0 1L Second Compliance requirement:i.e.:(eligibility requirement for recipients of the resources) qp Etc. Etc. G� Federal Program First Compliance requirement:i.e.:(what services of purposes resources must be used for) 9= B Second Compliance requirement:i.e.:(eligibility requirement for recipients of the resources) N CN Etc. Etc. C U) E Attachment 5-1,Exhibit 1 dl 5 of 6 BGS-DEP 55-215 Revised]/2019 E L.7.e Note:If the resources mvarded to the recipient for matching represent more than one federal program,provide the some 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 mvarded to the recipient represent more than one state project,provide the some information shown below for each state project and show total state mancial assistance mvarded 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 2019-2020 37.039 $51,391.35 141115 "^ 1 Environmental Protection and Wastewater Projects State CSFA Title State Program State CSFA or Appropriation B State Awarding Agency Fiscal Year Number Fundin Source Descri tion Fundin Amount Cate o 0 0 CL Total Award $1,351,376.00 0 Note:List applicable compliance requirement in the some 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.afda.gov]and/or the Florida Catalog of State Financial Assistance(CSFA)[l aps://M.mfldfs.coinA'saa/se archCatalop rasp],and State Projects Compliance t14 14 Supplement(Part Four: State Projects Compliance Supplement[hops:Ha l?os.fldfs corn/fsaa stag orope t aornplr nue.ast L].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 tel Subject to change by Change Order. q2 2 Subject to change by Change Order. Attachment 5-1,Exhibit 1 0) 6 of 6 BGS-DEP 55-215 Revised]/2019 LO E L.7.e COty f � ,�� " 'p����� � BOARD OF COUNTY COMMISSIONERS ,ti Mayor David Rice,District 4 The Florida Keys Mayor Pro Tem Craig Cates,District 1 l Michelle Coldiron,District 2 James K.Scholl,District 3 Holly Merrill Raschein,District 5 County Commission Meeting January 21, 2022 Agenda Item Summary #10002 BULK ITEM: No DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305)453-8774 0 NA a 0 AGENDA ITEM WORDING: Authorization to enter into revenue Grant Agreement SDO013 from 0 0. the Florida Department of Environmental Protection (FDEP) for $100,000 to fund the design and permitting of injection wells for Canal 278 on Big Pine Key and Canal 58 in Key Largo as part of the County's canal restoration program. ITEM BACKGROUND: This item is a $100,000 FDEP revenue grant # SDO13 to fund design of N two canal restoration projects. The grant will fund the neighborhood meetings, design, permitting and preparation of the procurement documents for injection wells in canal 278 in the Eden Pine neighborhood of Big Pine Key and in canal 58 in Key Largo. These will be considered demonstration projects, as the County has not used this technology before. However, the technology is being implemented in one or more of the municipalities in the County. Note that the grant does not fund the construction costs of the project. The work will be done in accordance with state grant guidelines and funding from the Florida LO Department of Environmental Protection ("FDEP") grant#SD013 of$100,000. Grant work must be completed by June 30, 2022. c� PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: New Grant STAFF RECOMMENDATION: Approval. DOCUMENTATION: Packet Pg.4295 L.7.e Standard Grant Form SDO13 - 12-29-21 SD013 MCBOCC Attachments - Rev 12-28-21 FINANCIAL IMPACT: Effective Date: Upon execution by all parties Expiration Date: June 30, 2022 Total Dollar Value of Grant: $100,000 Total Cost to County: None Current Year Portion: $100,000 Budgeted: Not Applicable Source of Funds: DEP CPI: No Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Construction Costs Revenue Producing: Yes If yes, amount: $100,000 Grant: Yes &j County Match: No Insurance Required: Yes by DEP. 0 Additional Details: REVIEWED BY: Rhonda Haag Completed 12/27/2021 12:59 PM c� Cynthia Hall Completed 12/28/2021 7:49 AM Q Purchasing Completed 12/28/2021 8:23 AM l Budget and Finance Completed 12/30/2021 9:16 AM Maria Slavik Completed 01/03/2022 11:51 AM E Liz Yongue Completed 01/03/2022 1:53 PM 2 Board of County Commissioners Completed 01/21/2022 9:00 AM c� Packet Pg.4296 L.7.e dR cquar� °tE`b Kevin Madok, CPA o � b �.•'v _ c~RCE cow" Clerk of the Circuit Court&Comptroller :Monroe County, Florida DATE: February 3, 2022 TO: Rhonda Haag Chief Resilience Officer Liz Yongue Executive Assistant FROM: Pamela G. Hancoz . o SUBJECT: January 21'BOCC Meeting CL Attached is a copy of the following, fully executed, item for your records: P6 Revenue Grant Agreement SD0013,from the Florida Department of CN Environmental Protection, in the amount of$100,000.00 to fund the design and permitting of Q injection wells for Canal 278 on Big Pine Key; and Canal 58 in Key Largo as part of the County's `� Canal Restoration Program. Sliould you leave any questions please feel free to contact me at(305) 292-3550. LO 4i E c� cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3.117.Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 38040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plan packet Pg.4297 305-294-4641 305-289-6027 305-852-7145 305- L.7.e STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below,pursuant to Section 215.971,Florida Statutes: 1. Project Title(Project): Agreement Number: Monroe County Canal#278 Big Pine Key and Canal#58 Key Largo Canal Injection Well Design,Permitting and Sll013 Procurement Restoration Projects 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 (Department) Grantee Name: Monroe County Board of County Commissioners Entity Type:County Government Grantee Address: 1111 12th Street Suite 408, Key West, FL 33040 FEID: 59-6000749 (Grantee) 3. Agreement Begin Date: Date of Expiration: Upon Execution June 30,2022 4. Project Number: Project Location(s): (If differe„tf.om Agreement rumbei) Canal#278 and#58 in Monroe County Project Description:The proposed restoration of Canal#278 in Big Pine Key and Canal#58 in Key Largo using the technique of injection wells will function like a flushing culvert and allow the incoming tide to flush the a stagnantportions of the canals.It is estimated that a single injection well that is constructed of a 24"diameter casing to 60 feet below land surface with an open hole interval from 60 feet to 120 feet below 0 land surface can flush approximately 1,600 gallons per minute(gpm)at high tide using only gravity.It is anticipated that 6injection wells are needed for Canal#278 and 1 for Canal#58. 5 0 5. Total Amount of Funding: Funding Source? Award#s or Line Item Appropriations: Amount per Sources : 0 State ❑Federal GAA#1560,FY2021-2022 S100,000.00 ❑ State ❑Federal ❑ Grantee Match Total Amount of Funding+Grantee Match,if any: S107,000.00 c4 6. Department's Grant Manager Grantee's Grant Manager Q Name: Barbara A.Brayton Name: Rhonda Haag U) or successor or successor Address: 2295 Victoria Ave. Address: 102060 Overseas Hwy. Suite 364 Suite 246 Fort Myers,FL 33901 Key Largo,FL 33037 Phone: 239-344-5619 Phone: 305-453-8774 Email: Barbara.Brayton@FloridaDEP.gov Email: Haag-Rhonda*MonroeCounty-FL.gov 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: LO LO V Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements 2 Attachment 2: Special Terms and Conditions 9 Attachment 3: Grant Work Plan c� 0 Attachment 4:Public Records Requirements V Attachment 5: Special Audit Requirements ❑ Attachment 6:Program-Specific Requirements ❑ Attachment 7: Grant Award Terms(Federal)*Copy available athrtps://ficts.fldts.com,in accordance with§215.985,F.S. ❑ Attachment 8:Federal Regulations and Terms(Federal) ❑ Additional Attachments(if necessary): 0 Exhibit A: Progress Report Form ❑ Exhibit B: Property Reporting Form Y Exhibit C:Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements for Grants ❑ Exhibit E: Advance Payment Terms and Interest Earned Memo ❑ Additional Exhibits(if necessary): DEP Agreement No. SDO13 Rev.6/20/18 Packet Pg.4298 L.7.e 8. The following information applies to Federal Grants only-and is identified in accordance with 2 CFR 200.331(a)(1): Federal Award Identification Number(s)(FAIN)? N/A Federal Award Date to De artmeint: :Total Federal Funds Obligatedby this Agreement: S0.00 - Federal Awarding A enc : N/A Award R&D? ❑ Yes ON/A IN WITNESS WHEREOF,this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the last date signed below,whichever is later. Monroe County Board of County Commissioners ��20" NTEE ATTEST: Kevin Madok,Clerk Grantee Name BY (Authorized Sign e) _ e igned 01/2112022 David Rice,Mayor a'y ,fi°a' •;� - ° Pamela G.Hancock,Deputy Clerk Print Name and Title of Person Signing 0 State of Florida Department of Environmental Protection DEPARTMENT CL Jon I lehart �,Digitally signed by Jon lglehart By g Date:2022.02.02 08:54:13-05'00' 76 Secretary or Designee Date Signed Jon Iglehart,Director of District Management-South District cN cN Print Name and-Title of Person Signing- _ _ _. - Q U) ❑ Additional signatures attached on separate page. 0 tQLL LLj _ LO Monroe.County Attorney's Office C_ Approved as to form and legal sufficiency E 12-27-2021 DEP Agreement No. SD013 Rev.6/20/18 Packet Pg.4299 L.7.e STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement,including any Attachments and Exhibits referred to herein and/or attached hereto(Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement,the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1,in numerical order as designated in the Standard Grant Agreement 0 iii. Attachment 1, Standard Terms and Conditions 1� iv. The Exhibits in the order designated in the Standard Grant Agreement 0. b. All approvals,written or verbal,and other written communication among the parties,including all notices, shall 0 be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S.Mail,a courier delivery service,or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt,other mail service delivery receipt,or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered c14 delivered at the earliest delivery time. C14 c. If a different Grant Manager is designated by either party after execution of this Agreement,notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended,through a formal amendment or a change order,only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the 0 following: (1)an increase or decrease in the Agreement funding amount; (2)a change in Grantee's match requirements; (3)a change in the expiration date of the Agreement; and/or W (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in LO Attachment 3, Grant Work Plan,that exceeds or is expected to exceed twenty percent(20%)of the total budget as last approved by Department. ass A change order to this Agreement may be used when: E (1)task timelines within the current authorized Agreement period change; (2)the cumulative transfer of funds between approved budget categories,as defined in Attachment 3,Grant Work Plan,are less than twenty percent(20%)of the total budget as last approved by Department; (3)changing the current funding source as stated in the Standard Grant Agreement; and/or (4)fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. Attachment 1 1of12 Rev. 10/18/2021 Packet Pg.4300 L.7.e 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3,Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. 5. Performance Measures. The Grantee warrants that: (1)the services will be performed by qualified personnel; (2)the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights,or any other proprietary rights,of any third party; and(5)its employees,subcontractors,and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department,for work done at the Project Location(s).The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. 0 a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment.The Grantee shall work diligently to correct all deficiencies in the deliverable that remain 0. outstanding,within a reasonable time at Grantee's expense.If Department's Grant Manager does not accept the 0 deliverables within 30 days of receipt,they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables,as outlined in the Grant Work Plan,as incomplete,inadequate,or unacceptable due,in whole or in part,to Grantee's lack of satisfactory performance under the terms of this Agreement.The Grantee's efforts to correct the rejected deliverables will c14 be at Grantee's sole expense.Failure to fulfill the applicable technical requirements or complete all tasks or C14 activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department,at its option,may allow additional time within which Grantee may remedy the objections noted by Department.The Grantee's E failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Pam In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions,the State of Florida(State)reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement.None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered LO penalties. b. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be E submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPS must be able to be implemented and performed in no more than sixty(60)calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten(10) days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted,Grantee shall have ten(10)days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten(10)days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement Attachment 1 2 of 12 Rev. 10/18/2021 Packet Pg.4301 L.7.e the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement,the pricing per deliverable established by the Grant Work Plan,and the billing procedures established by Department,Department agrees to pay Grantee for services rendered in accordance with Section 215.422,Florida Statutes(F.S.). b. Taxes.The Department is exempted from payment of State sales,use taxes and Federal excise taxes.The Grantee, however,shall not be exempted from paying any taxes that it is subject to,including State sales and use taxes,or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department.The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. C. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment,is described in the Standard Grant Agreement.Any additional funds necessary for the completion of this Project are the responsibility of Grantee. 0 d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs 1� upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. CL Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement,costs must be in compliance with laws,rules,and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: https://www.my floridaefo.com/DivisiolVAA/Manuals/documents/ReferenceGuideforStateExpenditures.pd£ C14 e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department C14 pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre-audit and post-audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. a� f. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. g. Final Payment Request.A final payment request should be submitted to Department no later than sixty(60)days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future LO appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. E i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: www.lilyfloridaefo.com/DivisiolVAA/Vendors/def,tult.htm. j. Refund of Payments to the Department.Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department.If this Agreement is funded with federal funds and the Department is required to refund the federal government, the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions,the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salary/Wages. Grantee shall list personnel involved,position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. Attachment 1 3of12 Rev. 10/18/2021 Packet Pg.4302 L.7.e b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used(i.e., fringe benefits,overhead,indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30)days of written notification.Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit,Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274,F.S., and Chapter 691-72,Florida Administrative Code(F.A.C.)and/or Chapter 691-73,F.A.C.,as applicable.The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its a subcontracts issued under this Agreement,if any,impose this requirement,in writing,on its subcontractors. 0 i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may 1� award,on a competitive basis,fixed-price subcontracts to consultants/contractors in performing the CL work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a ra copy of the tabulation form for the competitive procurement process(e.g.,Invitation to Bid,Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract.The Grantee may request approval from Department to award a fixed-price subcontract c14 resulting from procurement methods other than those identified above.In this instance,Grantee shall C14 request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount,Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement,Equipment is defined as capital outlay costing $5,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific , approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B,Property Reporting Form. f. Rental/Lease of Equipment.Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement,the documentation supporting these expenses must be itemized and include copies of receipts or invoices.Additionally,independent of Grantee's contract obligations to its subcontractor,Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties;or handling fees,such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase)must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents,Deeds,Leases,Easements,License Agreements,or other legal instrument documenting Attachment 1 4 of 12 Rev. 10/18/2021 Packet Pg.4303 L.7.e acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly,unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period,problems encountered,problem resolutions,scheduled updates,and proposed work for the next reporting period. Quarterly status reports are due no later than twenty (20)days following the completion of the quarterly reporting period. For the purposes of this reporting requirement,the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty(30)days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval _ of all deliverables. b. If Grantee fails to perform the requested work,or fails to perform the work in a satisfactory manner,Grantee shall a forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not 0 limited to,failure to submit the required deliverables or failure to provide adequate documentation that the work 1� was actually performed. The Department shall provide written notification to Grantee of the failure to perform CL that shall result in retainage forfeiture.If the Grantee does not correct the failure to perform within the timeframe stated in Department's notice,the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing C14 procedures under this Agreement. c14 12. Insurance. a. Insurance Requirements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees and/or subcontractors,if any,to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors,if any,to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from,and in no way liable for,any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement,Grantee shall provide Department documentation W demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of LO any work under this Agreement. Upon receipt of written request from Department,Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance,a self- insured authorization,or other certification of self-insurance. E d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason,or if Grantee cannot get adequate coverage,Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten(10)days after the cancellation of coverage. e. Insurance Trust.If the Grantee's insurance is provided through an insurance trust,the Grantee shall instead add the Department of Environmental Protection,its employees,and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. a. Termination for Convenience.When it is in the State's best interest,Department may,at its sole discretion, terminate the Agreement in whole or in part by giving 30 days'written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated.The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30)days of the effective date of termination. The Department shall not pay any invoices received after thirty (30)days of the effective date of termination. b. Termination for Cause.The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other Attachment 1 5of12 Rev. 10/18/2021 Packet Pg.4304 L.7.e obligations under this Agreement.If,after termination,it is determined that Grantee was not in default,or that the default was excusable,the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department.The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination unless as otherwise directed by Department,Grantee shall not furnish any service or deliverable on the date,and to the extent specified,in the notice. However,Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed,Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services.If Department has paid for any services prior to the expiration,cancellation, or termination of the Agreement,Grantee shall continue to provide Department with those services for which it has already been paid or,at Department's discretion,Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination.Expiration,or Cancellation of the Agreement.If services provided under the Agreement are being transitioned to another provider(s),Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative a obligation to cooperate with the new provider(s),however additional requirements may be outlined in the Grant 0 Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as 1� necessary to complete the transition or continued portion of the Agreement,if any. CL 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default,Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances.This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure.The notice will also provide that,should the Grantee fail to perform within the time provided,Grantee will c14 be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default C14 notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee,the following non- exclusive list of events,acts,or omissions,shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable,failure to perform the minimal level of services required for a deliverable,discontinuance of 0 the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so,or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials,or discovery by the Department of such,made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, LO incomplete,or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory,regulatory, or licensing requirement, including an entry of an order revoking E the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities,individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period,Grantee(including its receiver or trustee in bankruptcy)provides to Department adequate assurances,reasonably acceptable to Department,of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization,or liquidation. Attachment 1 6 of 12 Rev. 10/18/2021 Packet Pg.4305 L.7.e 16. Suspension of Work. The Department may,in its sole discretion, suspend any or all activities under the Agreement, at any time,when it is in the best interest of the State to do so.The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include,but are not limited to,budgetary constraints,declaration of emergency,or other such circumstances. After receiving a suspension notice,Grantee shall comply with the notice. Within 90 days,or any longer period agreed to by the parties,Department shall either: (1)issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension,the notice of suspension shall be deemed to satisfy the thirty (30)days'notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God,wars,acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either(1)within ten days after the cause that creates or will create the delay first a arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably 0 foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE 1� FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages,other than for an extension of time,shall be asserted against Department.The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If c14 performance is suspended or delayed,in whole or in part,due to any of the causes described in this paragraph, after C14 the causes have ceased to exist Grantee shall perform at no increased cost,unless Department determines,in its sole discretion,that the delay will significantly impair the value of the Agreement to Department,in which case Department may: (1)accept allocated performance or deliveries from Grantee,provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to E and by Grantee for the related costs and expenses)to replace all or part of the products or services that are the subject of the delay,which purchases may be deducted from the Agreement quantity;or(3)terminate Agreement in whole or in part. 18. Indemnification. � a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions,damages,and costs of every name and description arising from or relating to: LO i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee,its agents,employees,partners,or subcontractors;provided,however,that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act E or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee: (1)written notice of any action or threatened action;(2)the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28,F.S.Further,nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee,insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or Attachment 1 7 of 12 Rev. 10/18/2021 Packet Pg.4306 L.7.e otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of$100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee,retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages,penalties,costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights,nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 0 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized 1� aliens,such violation shall be cause for unilateral cancellation of this Agreement.The Grantee shall be responsible 0. for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133,287.134,and 287.137 F.S.,the following restrictions apply to persons placed on ra the convicted vendor list,discriminatory vendor list,or the antitrust violator vendor list: i. Public Entijy Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid,proposal,or reply on a contract c14 to provide any goods or services to a public entity; may not submit a bid,proposal, or reply on a C14 contract with a public entity for the construction or repair of a public building or public work;may not submitbids,proposals,orreplies on leases of real property to apublic entity;may notbe awarded or perform work as a Grantee,supplier,subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017,F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit bids,proposals,or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, LO supplier, subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator E vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid,proposal,or reply on any contract to provide any good or services to a public entity; may not submit a bid,proposal,or reply on any contract with a public entity for the construction or repair of a public building or public work;may not submit a bid,proposal,or reply on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor,or consultant under a contract with a public entity;and may not transact new business with a public entity. iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list,the discriminatory vendor list,or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity,at(850)487-0915. Attachment 1 8 of 12 Rev. 10/18/2021 Packet Pg.4307 L.7.e 23. Compliance with Federal,State and Local Laws. a. The Grantee and all its agents shall comply with all federal,state and local regulations,including,but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in;be denied the proceeds or benefits of,or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State,and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law,the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole 0 option if the Grantee is found to have submitted a false certification;or if the Grantee is placed on the Scrutinized a Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. 0 b. If this Agreement is for more than one million dollars,the Grantee certifies that it is also not on the Scrutinized 1� Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector 0. List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to 0 Section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. C14 c. As provided in Subsection 287135(8),F.S.,if federal law ceases to authorize these contracting prohibitions then C14 they shall become inoperative. 25. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to Section 216.347,F.S.,except that pursuant to the requirements of Section 287.058(6),F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services,performance,term,or compensation regarding that agreement.The Grantee shall comply with Sections 11.062 and 216.347,F.S. 26. Record Keeping. The Grantee shall maintain books,records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles(US GAAP)consistently applied. The Department,the State,or their authorized representatives shall have access to such records for audit purposes during LO the term of this Agreement and for five(5)years following the completion date or termination of the Agreement. In the event that any work is subcontracted,Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General,or other authorized E State official,Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility. Such information may include,but shall not be limited to,Grantee's business or financial records,documents,or files of any type or form that refer to or relate to Agreement.The Grantee shall retain such records for the longer of: (1)three years after the expiration of the Agreement;or(2)the period required by the General Records Schedules maintained by the Florida Department of State(available at: http://dos.mv florida.com/library-archives/records-management/general-records-schedules. 27. Audits. a. Inspector General. The Grantee understands its duty,pursuant to Section 20.055(5),F.S.,to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this requirement,in writing,on its sub-grantees and/or subcontractors,respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement,with reasonable notice and during normal business hours,including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment,materials or documents; Attachment 1 9 of 12 Rev. 10/18/2021 Packet Pg.4308 L.7.e ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1,to Attachment 5. If Department fails to provide an updated copy of Exhibit i to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5,Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether the relationship represents that of a subrecipient or vendor.For State financial assistance,Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: https:A\apps.fldfs.com\fsaa. a d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, 0 Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to 1� the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. 0. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30)days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not c14 commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees C1" are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. E i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund,either in whole or in part,of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by LO Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds E originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section,the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 28. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 29. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 30. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause,require the replacement of any Grantee employee, subcontractor,or agent. For cause,includes,but is not limited to,technical or training qualifications,quality of work,change in security status, or non-compliance with an applicable Department policy or other requirement. Attachment 1 10 of 12 Rev. 10/18/2021 Packet Pg.4309 L.7.e c. The Department may, for cause,deny access to Department's secure information or any facility by any Grantee employee,subcontractor,or agent. d. The Department's actions under paragraphs b.or c.shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement.The Grantee shall be responsible for the payment of all monies due under any subcontract.The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities,unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at(850)487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform,if the failure to perform is caused by the default of a subcontractor at any tier,and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s),and without the fault or negligence of either,unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 0 31. Guarantee of Parent Company. 1� If Grantee is a subsidiary of another corporation or other business entity,Grantee asserts that its parent company will CL guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 32. Survival. The respective obligations of the parties,which by their nature would continue beyond the termination or expiration C14 of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and C14 public records,shall survive termination,cancellation,or expiration of this Agreement. 33. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee,its agents,servants,and employees,nor shall Grantee disclaim its own negligence to Department or any third party. This E Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract,Grantee will specifically disclose that this Agreement does not create any third- party rights.Further,no third parties shall rely upon any of the rights and obligations created under this Agreement. 34. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision,and shall remain in full force and effect. 35. Grantee's Employees,Subcontractors and Agents. LO All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained .i technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of a technical certification or other proof of qualification.All employees,subcontractors,or agents performing work under E Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 36. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement,without the prior written consent of Department. In the event of any assignment,Grantee remains secondarily liable forperformance of the Agreement,unless Department expressly waives such secondary liability.The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 37. Compensation Report. If this Agreement is a sole-source,public-private agreement or if the Grantee,through this agreement with the State, annually receive 50%or more of their budget from the State or from a combination of State and Federal funds,the Grantee shall provide an annual report,including the most recent IRS Form 990,detailing the total compensation for the entities'executive leadership teams.Total compensation shall include salary,bonuses,cashed-in leave,cash equivalents,severance pay,retirement benefits,deferred compensation,real-property gifts,and any other payout. The Grantee must also inform the Department of any changes in total executive compensation between the annual Attachment 1 11 of 12 Rev. 10/18/2021 Packet Pg.4310 L.7.e reports.All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 38. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement,may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996,electronic signatures,including facsimile transmissions,may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. 0 0 CL c14 c14 zl U) LO E c� Attachment 1 12 of 12 Rev. 10/18/2021 Packet Pg.4311 L.7.e STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO.SDO13 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions,Attachment 1.Where in conflict,these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is Monroe County Canal 4278 Big Pine Key Canal Injection Well Design, Permitting and Procurement Restoration Project and Canal 461 Key Largo Air Curtain Restoration Design, Permitting and Procurement Restoration Project..The Project is defined in more detail in Attachment 3,Grant Work Plan. 2. Duration. a. Reimbursement Period.The reimbursement period for this Agreement is the same as the term of the Agreement. 0 b. Extensions.There are no extensions available for this Project. c. Service Periods.Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation.This is a cost reimbursement Agreement.The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing.Invoicing will occur after approval of the final delivereable(s). c14 c. Advance Pa.Advance Pay is not authorized under this Agreement. � zl 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories,as defined in the Reference Guide for State Expenditures,as indicated: E 2 Reimbursement Match Category 0 ❑ ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits,N/A. ❑ ❑ b. Indirect Costs,N/A. © ❑ Contractual(Subcontractors) LO ❑ ❑ Travel,in accordance with Section 112,F.S. a� ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment U ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements There is no match required on the part of the Grantee under this Agreement. 8. Insurance Requirements Attachment 2 1 of 2 Rev.8/19/2021 Packet Pg.4312 L.7.e Required Coverage. At all times during the Agreement the Grantee,at its sole expense,shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. Grantee shall provide coverage through a self-insurance program established and operating under the laws of Florida.Additional insurance requirements for this Agreement may be required elsewhere in this Agreement,however the minimum insurance requirements applicable to this Agreement are: a. Comprehensive General Liability Insurance. The Grantee shall provide adequate comprehensive general liability insurance coverage and hold such liability insurance at all times during the Agreement.The minimum limits shall be$200,000 for each person and$300,000 per occurrence. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle,the Grantee shall maintain automobile liability,bodily injury,and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis.The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company-Owned Vehicles,if applicable $200,000/300,000 Hired and Non-owned Automobile Liability Coverage W c. Workers' Compensation. a The Grantee shall comply with the workers' compensation requirements of Chapter 440,F.S. 0 CL d. Other Insurance.None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. c14 c14 10. Retainage. Q No retainage is required under this Agreement. "" U) 11. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement,which require prior approval. ' The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract,the Grantee is ultimately responsible for all work to be performed under this Agreement. 12. State-owned Land. W .a The work will not be performed on State-owned land. LO 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Additional Terms. �\on . Ann terl-ns acklecl here i-nits/ be ahprwrecl by the l%ffice r f (feneral (`winsel. Attachment 2 2of2 Rev.8/19/2021 Packet Pg.4313 L.7.e STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT WORK PLAN DEP AGREEMENT NO.: SD013 ATTACHMENT PROJECT TITLE: Monroe County Canal 4278 Big Pine Key and Canal 458 Key Largo Canal Injection Well Design, Permitting and Procurement Restoration Projects PROJECT LOCATION: Canal 4278 is located in the Eden Pines neighborhood,which is located within the unincorporated area of Big Pine Key, Monroe County, Florida. Project coordinates are latitude 24041128.92"N and longitude 81022'38.63"W. 0 w l 0 11 0 CL y. CN a e CN irtt , n i) � rye Y o LO E U ro,+ o Canal 458 is located in the Key Largo neighborhood, which is located within the unincorporated area of Key Largo, Monroe County, Florida. Project coordinates are latitude 250 6'37.66"Nand longitude 80025'55.12"W. DEP Agreement No. SD013, Attachment 3-2,Page 1 of 8 Packet Pg.4314 L.7.e t b� f 1 ryry aw-7,,V w P . ., 0 0 N N N U) E 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. Canal restoration is an important and vital step in the County's continued dedication to improve the overall quality of our nearshore waters and will have a positive impact on the canal's property values. LO 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 0 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. Monroe County initiated the Canal Restoration Demonstration Program (Demo Program) to evaluate the effectiveness and feasibility of implementing restoration technologies that were evaluated for Phase 11 of the CMMP. Canal 4278 in Eden Pines in Big Pine Key was originally selected to evaluate the effectiveness of water recirculation using an electrically powered pumping DEP Agreement No. SD013,Attachment 3,Page 2 of 8 Packet Pg.4315 L.7.e system to improve water quality. However, due to homeowners concerns with the operation and maintenance cost of the pumping system and site access issues, the project was placed on hold so that other technologies could be evaluated. Monroe County completed the technology evaluation for the following technologies at Canal #278: 1. Injection wells 2. Pump-in recirculation system 3. Culvert installed via directional drilling and/or trenching 4. Bio-augmented aeration 5. Organic sediment removal The evaluation determined that the most efficient technology to improve water quality in the canal system is injection wells. 0 Canal 458 located in KeyLargo and canal #278 in Big Key are canals that have poor water g g Y P � quality and lack of flushing due to canal orientation and a favorable location for a potential placement of an injection well to improve the water quality within the canal and near shore waters. They are part of the Canal Work Plan and ranked 424 and #96 on the canal restoration project list. N N c� The goal of the proposed improvements are to restore the impaired waters of the canal, and to increase the dissolved oxygen levels to meet State 62-302 Class III marine water quality standards. E a� PROJECT DESCRIPTION: Much work has been accomplished by Monroe County in implementing seven canal restoration projects that included air curtains, culverts, organic removal, and backfilling. The proposed restoration of Canal 4278 in Big Pine Key and Canal 458 in Key Largo using LO the technique of injection wells will function like a flushing culvert and allow the incoming tide to flush the stagnant portions of the canals. It is estimated that a single injection well that is constructed of a 24" diameter casing to 60 feet below land surface with an open hole interval from 60 feet to 120 feet below land surface can flush approximately 1,600 gallons per minute (gpm) at high tide using only gravity. It is anticipated that 6 injection wells are needed for Canal 4278 and 1 for Canal 458. TASK: Task #1: Canal #278 Big Pine Key and Canal #58 Key Largo Injection Well Data Collection/Processing and Neighborhood Meeting. Task Description: The Grantee will collect a water quality sample for analysis of TPH by the FL-PRO method. The water quality sample will be collected from approximately two feet below the water surface in the vicinity of the proposed injection well location using a dip wand. The water sample will be transferred to the appropriate sample container, sealed and immediately stored in an ice-filled cooler and delivered under chain-of- custody to Pace Analytical, a NELAC Packet Pg.4316 DEP Agreement No. SD013, Attachment 3,Page 3 of 8 L.7.e certified laboratory in Pompano Beach, Florida. The surface water sample will be submitted for laboratory analysis of TPH by FL-PRO. The nutrient concentrations in the canal will be characterized using the monitoring data obtained by Florida International University (FN) as part of the canal demonstration program; which is comprised of ten samples collected between April 2014 and February 2016 for analysis of Nitrite + Nitrate, Nitrate, Nitrite, Ammonium, Total Nitrogen, Total Inorganic Nitrogen, Total Organic Nitrogen, Total Phosphorous, and Soluble Reactive Phosphorous. The consultant shall conduct a determination of the boundaries of jurisdictional waters of the U.S., including wetlands, on the subject site as required for permitting. Wetlands will be defined using the Routine on - Site Determination method as described in the 1987 United States Army Corps of Engineers (USACE) Corps of Engineers Wetlands Delineation Manual or the Delineation of the Landward Extent of Wetlands and Surface Waters [Florida Department of Environmental W Protection (FDEP), Chapter 62.340, F.A.C]. Both protocols use a series of tests to address three 0 characteristics of wetlands, including the presence/absence of hydrophytic vegetation, wetland � hydrology, and hydric soils. Prior to the site visit, Consultant will research and assemble available soil surveys,site topographic maps, and National Wetland Inventory maps to preliminarily identify potential waters of the U.S., wetlands and streams. Consultant will then conduct the field visit to characterize the delineated wetlands. Delineation includes on-site determination, marking in the field with a handheld GPS unit (sub-meter accuracy), and flagging of the aerial extent of each N wetland (if any). If any wetlands are identified, then a Uniform Mitigation Assessment Method Q (UMAM) form will be completed. In conjunction with the wetland delineation, a threatened and endangered species survey as required in an Environmental Resource Permit (ERP) for the proposed action. Consultant scientist permitted by the Florida Keys National Marine Sanctuary E (FKNMS) will conduct an in-water survey of the benthos to determine the presence of sensitive aquatic resources (i.e. seagrasses, corals, or sponges)within the immediate area of the project The consultant will conduct an engineering site visit to determine the site conditions, such as seawall conditions, existing utilities, and construction staging areas within the project boundary. LO The consultant will prepare and distribute via certified mail a notification letter to all property owners on the canal discussing the proposed restoration and attend one (1) virtual neighborhood public meeting to discuss the proposed project. Deliverables: An electronic copy of the engineering report, ecological report, copy of the property owners' notification letter, a list of all property owners notified, public virtual neighborhood meeting announcement, minutes of the meeting and homeowner letters indicating approval for staging/equipment area. DEP Agreement No. SD013, Attachment 3,Page 4 of 8 Packet Pg.4317 L.7.e 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: Grantee may submit a payment request for cost reimbursement upon completion of the task and Department approval of all associated task deliverables. Task Budget: Allowable budget categories and costs for this task include Engineering design and access coordination in the amount of$20,000.00. Task Start and End Dates: Start—Execution date; End—06/30/2022 Deliverable Due Date: All task related work must be completed by, and all deliverables must be received by,the task end date. 0 0 Task #2: Canal#278 Bit Pine Key and#58 Key Largo Canal Iniection Well Design a� Task Description: The Consultant will prepare preliminary design plans and technical specifications for the project. The preliminary design plans will consist of an existing site plan, proposed site plan, proposed grading plans, erosion and sediment control plans, and construction N details. Q U) Consultant will coordinate and hold pre-application permitting meetings with the FDEP, USACE, County,and FKNMS using the preliminary design plans. Consultant will prepare meeting minutes E and provide to the County. Consultant will update the plans and specifications in response to regulatory agency comments. Consultant will prepare final design plans, technical specifications, and engineer's construction cost estimate for project. The final design plans will include an existing site plan, proposed site plan,proposed grading plans, erosion and sediment control plans, and construction details. LO Deliverables: An electronic copy of the final design, including professional certification as applicable, submitted to the Department's Grant Manager. 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: Grantee may submit a payment request for cost reimbursement upon completion of the task and Department approval of all associated task deliverables. Task Budget: Allowable budget categories and costs for this task include Engineering design in the amount of$45,000.00. Task Start and End Dates: Start—Execution date; End—06/30/2022 DEP Agreement No. SD013,Attachment 3,Page 5 of 8 Packet Pg.4318 L.7.e Deliverable Due Date: All task related work must be completed by, and all deliverables must be received by,the task end date. Task#3: Canal#278 Bit Pine Key and Canal#58 Key Largo Canal Injection Well Permitting Task Description: The Consultant will incorporate comments received during the pre-application meetings to complete and submit local, state, and federal permit applications as required,using the final design plans. Permit applications will be submitted to the following agencies: • FDEP • USACE • FKNMS • Monroe County The Consultant will respond to Requests for Additional Information for each permit application. 0 If impacts to wetlands or benthic resources are identified, the Consultant will coordinate � appropriate mitigation either onsite or through the purchase of mitigation credits. C Deliverables: A list of all required permits identifying issue dates and issuing authorities submitted to the Department's Grant Manager. Upon request, the Grantee will provide copies of obtained permits or permit related correspondence or documentation. N N c� Performance Standard: The Department's Grant Manager will review the list of all issued permits to verify that it meets the specifications in the Grant Work Plan and this task description and provide any comments to the Grantee for incorporation. Upon review and written acceptance E of the list of all issued permits by the Department's Grant Manager,the Grantee may proceed with payment request submittal for costs associated with permitting. 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. LO Task Budget: Allowable budget categories and costs for this task include Permitting applications in the amount of$25,000.00. E E c� Task Start and End Dates: Start—Execution date; End—06/30/2022 Deliverable Due Date: All task related work must be completed by, and all deliverables must be received by,the task end date. Task #4: Canal #278 Bit Pine Key and Canal #58 Key Largo Canal Iniection Well - Prenaration of Procurement Documents for a Construction Contractor Task Description: The Consultant will assist Monroe County, who will be procuring the construction of the restoration, with preparation of the necessary procurement documents. The Consultant will provide the following services to assist Monroe County for the procurement of a contractor for the construction of the restoration: DEP Agreement No. SD013,Attachment 3,Page 6 of 8 Packet Pg.4319 L.7.e • Prepare a Request for Proposal Package for Monroe County review which will include the 100% Construction documents completed by Consultant Deliverables: Electronic copy of bid package including scope of work, technical specifications, bid schedule, and permits. 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: Grantee may submit a payment request for cost reimbursement upon completion of the task and Department approval of all associated task deliverables. 0 0 0. Task Budget: Allowable budget categories and costs for this task include support in procurement of a construction contractor in the amount of$10,000.00. Task Start and End Dates: Start—Execution date; End—06/30/2022 N N Deliverable Due Date: All task related work must be completed by, and all deliverables must Q be received by, the task end date. U) LO E c� DEP Agreement No. SD013, Attachment 3,Page 7 of 8 Packet Pg.4320 L.7.e 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 Task or Deliverable Title Task Start Task End Deliverable Due ' No. Date Date Date/Frequency Canal 4278 Big Pine Key and Canal 1 458 KeyLargo Canal Injection Well Execution 06/30/2022 06/30/2022 (s) Data Collection/Processing and Date Neighborhood Meeting Canal 4278 Big Pine Key and Canal 2 458 KeyLargo Canal Injection Well (s) Execution 06/30/2022 06/30/2022 Design Date Canal 4278 Big Pine Key and Canal 458 KeyLargo Canal Injection Well (s) Execution 06/30/2022 06/30/2022 0 3 Permitting Date � Canal 4278 Big Pine Key and Canal 4 458 KeyLargo Canal Injection Well (s) Execution 06/30/2022 06/30/2022 - Preparation of Procurement Date Documents for a Construction N N Contractor zl 0 BUDGET DETAIL BY TASK: Task No Budget Category Budget Amount 1 Contractual Services $20,000.00 Total for Task: $20,000.00 LO 2 Contractual Services $45,000.00 Total for Task: $45,000.00 E 3 Contractual Services $25,000.00 Total for Task: $25,000.00 4 Contractual Services $10,000.00 Total for Task: $10,000.00 PROJECT BUDGET SUMMARY: Cost reimbursable grant funding must not exceed the category totals for the project as indicated below. Category Totals Grant Funding,Not to Exceed,$ Contractual Services Total $100,000 Total: $100,000 DEP Agreement No. SD013,Attachment 3,Page 8 of 8 Packet Pg.4321 L.7.e STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents,papers, letters, or other material,regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement(Public Records),unless the Public Records are exempt from section 24(a)of Article I of the Florida Constitution or section 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701,F.S.,If Applicable. For the purposes of this paragraph, the term "contract"means the "Agreement." If Grantee is a"contractor" as defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. w b. Upon request,provide Department with a copy of requested Public Records or allow the Public Records to be a inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,F.S., or as otherwise provided by law. 0 CL c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119.10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. � e. Upon completion of the contract, transfer, at no cost,to Department all Public Records in possession of the contractor c� or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all U) Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records.All Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records,in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public.services jr floridadep.gov. Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 1ofi Rev.4/27/2018 Packet Pg.4322 L.7.e STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 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, W on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By a 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 0 Protection determines that a limited scope audit of the recipient is appropriate,the recipient agrees to comply with any C 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 cN cN l� PART I:FEDERALLY FUNDED z" U) 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 LO guidelines established in 2 CFR 200.502-503.An audit of the recipient conducted by the Auditor General in C accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. c� 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.cf(la.gov Attachment 5 1 of 7 BGS-DEP 55-215 revised 12/14/2020 Packet Pg.4323 L.7.e 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 0 financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local 1� governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General. CL a� 3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year(for fiscal year ending ra 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 c14 215.97,Florida Statutes,the cost of the audit must be paid from the non-state entity's resources(i.e.,the cost C14 of such an audit must be paid from the recipient's resources obtained from other than State entities). U) 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://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at 1-ittp://www.leg.state.fl.us/AA7elcome/index.eflil of Florida's website at http://www.myflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/and the Auditor General's Website at http://www.myflorida.com/audgen/. C9 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 2of7 BGS-DEP 55-215 revised 12/14/2020 Packet Pg.4324 L.7.e 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 athttp://harvester.census.gov/facweb/ 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 0 Florida Department of Environmental Protection 1� Office of Inspector General,MS 40 CL 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEP SingleAudit(c�,.dep.state.fl.us c14 c14 B. The Auditor General's Office at the following address: U) Auditor General a� Local Government Audits/342 Claude Pepper Building,Room 401 111 West Madison Street Tallahassee,Florida 32399-1450 The Auditor General's website(http://flauditor. ov provides instructions for filing an electronic copy of a financial reporting package. LO 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(a'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 3of7 BGS-DEP 55-215 revised 12/14/2020 Packet Pg.4325 L.7.e 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. 0 0 CL c14 cN zl U) LO E c� Attachment 5 4of7 BGS-DEP 55-215 revised 12/14/2020 Packet Pg.4326 L.7.e 0 0 � mil y t IZII Er- Er- N w w o � Z o � w CL U C14 o U U ° ° c14 O .i U F H p •L" � u .. u .. W � 5 QQ N 4.1 v U LO ass N �+ L) W U cC cC U O 3 w w o U U o � w v� ww w v� ww Packet Pg.4327 L.7.e a a a a Al 0 0 0 0 o r 1, tL o Y Y Y 0 Y ?Q d d z N d o d o a n� �I i•Y � � o O ^'^4� if Q O O cct QCL to a' to IZct ° Q Q ? ct ° a c14 a U U o o w w Q w 0 Qt W � � •o � o °' a, � o � LO In 0 v a a .� O 'a w y 0 0 0 S S L) L) gt lZ y°' � Ewa wa �; � � a Q on a � Q •� �'�' qti Packet Pg.4328 L.7.e y U a � o � P-� U U � y w o ® � 0 U U y � O ,Cyy" U 0 CL U U � C14 \ C14 tt O iUr W E � O 0 w E y agtn U U '.+ H o � LO a C U •ao a � � � o 0 � L � �-- t\ ct O Pi ct w 0 a U c) w Mtn �x Packet Pg.4329 L.7.e DEPARTMENT OF ENVIRONMENTAL PROTECTION Progress Report Form Exhibit A DEP Agreement No.: SDO13 Grantee Name: Monroe County Board of County Commissioners Grantee Address: 102060 Overseas Hwy, Suite 246, Key Largo, FL 33037 Grantee's Grant Manager: Rhonda Haag Telephone No.: 305-453-8774 Reporting Period: Project Number and Title: SDO13 - Monroe County Canal#278 Big Pine Key and Canal #58 Key Largo Canal Injection Well Design,Permitting and Procurement Restoration Projects a Provide the following information for all tasks and deliverables identified in the Grant Work Plan: a summary of project accomplishments for the reporting period; a comparison of 0 CL actual accomplishments to goals for the period; if goals were not met, provide reasons why; provide an update on the estimated time for completion of the task and an explanation for any anticipated delays and identify by task. NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan. c� c� c� The following format should be followed: Task 1: u Progress for this reporting period: Identify any delays or problems encountered: LO c� This report is submitted in accordance with the reporting requirements of DEP Agreement No. SDO13 and accurately reflects the activities associated with the project. Signature of Grantee's Grant Manager Date Exhibit A,DEP Agreement#: SDO13 1ofi Rev. 5/30/2017 Packet Pg.4330 L.7.e Exhibit C PAYMENT REQUEST SUMMARY FORM DEP Agreement No.: SDO13 Agreement Effective Dates: Grantee: _Monroe County Board of County Commissioners _ Grantee's Grant Manager: _Rhonda Haag_ Mailing Address: 102060 Overseas Hwy, Suite 246, Key Largo, FL 33037 Payment Request No. Date of Payment Request: Performance Period(Start date—End date): Task/Deliverable No(s). Task/Deliverable Amount Requested: $ w GRANT EXPENDITURES SUMMARY SECTION 0 0 AMOUNT OF TOTAL MATCHING TOTAL CATEGORY OF EXPENDITURE THIS REQUEST CUMULATIVE FUNDS FOR CUMULATIVE (As authorized) PAYMENT THIS REQUEST MATCHING REQUESTS FUNDS Salaries/Wages $N/A $ $N/A $N/A CN Fringe Benefits $N/A $ $N/A $N/A Indirect Cost $N/A $ $N/A $N/A U) Contractual(Subcontractors) $ $ $N/A $N/A E a� Travel $N/A $ $N/A $N/A Equipment(Direct Purchases) $N/A $ $N/A $N/A Rental/Lease of Equipment $N/A $ $N/A $N/A Miscellaneous/Other Expenses $N/A $ $N/A $N/A Land Acquisition $N/A $ $N/A $N/A LO TOTAL AMOUNT $ $ $N/A $N/A TOTAL TASK/DELIVERABLE $ $N/A BUDGET AMOUNT Less Total Cumulative Payment $ $N/A Requests of: TOTAL REMAINING IN TASK $ $N/A GRANTEE CERTIFICATION Complete Grantee's Certification of Payment Request on Page 2 to certify that the amount being requested for reimbursement above was for items that were charged to and utilized only for the above cited grant activities. Exhibit C,DEP Agreement#: SD013 1 of 3 Rev.6/14/2019 Packet Pg.4331 L.7.e Grantee's Certification of Payment Request I , on behalf of (Print name of Grantee's Grant Manager designated in the Agreement) , do hereby certify for (Print name of Grantee/Recipient) DEP Agreement No. and Payment Request No. that: El The disbursement amount requested is for allowable costs for the project as described in Attachment 3 of the Agreement. El All costs included in the amount requested have been satisfactorily purchased, performed, received, and applied toward completing the project; such costs are documented by invoices or other appropriate 0 documentation as required in the Agreement. � CL El The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project; and the Grantee is not in default of any terms or provisions of the contracts. Check all that apply below: a ❑ All permits and approvals required for the construction,which is underway,have been obtained. c� ❑ Construction up to the point of this disbursement is in compliance with the construction plans and permits. U) ❑ The Grantee's Grant Manager relied on certifications from the following professionals that provided services for this project during the time period covered by this Certification of Payment Request,and such certifications are included: �s Professional Service Provider(Name/License No.) Period of Service (mm/dd/yy—mm/dd/yy) 0 LO c� Grantee's Grant Manager Signature Grantee's Fiscal Agent Signature Print Name Print Name Telephone Number Telephone Number Exhibit C,DEP Agreement#: SD013 2of3 Rev.6/14/2019 Packet Pg.4332 L.7.e INSTRUCTIONS FOR COMPLETING PAYMENT REQUEST SUMMARY FORM DEP AGREEMENT NO.: This is the number on your grant agreement. AGREEMENT EFFECTIVE DATES: Enter agreement execution date through end date. GRANTEE: Enter the name of the grantee's agency. GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement. MAILING ADDRESS: Enter the address that you want the state warrant sent. PAYMENT REQUEST NO.: This is the number of your payment request,not the quarter number. DATE OF PAYMENT REQUEST: This is the date you are submitting the request. PERFORMANCE PERIOD: This is the beginning and ending date of the performance period for the task/deliverable that the request is for(this must be within the timeline shown for the task/deliverable in the Agreement). TASK/DELIVERABLE NO.: This is the number of the task/deliverable that you are requesting payment for and/or claiming match for(must agree with the current Grant Work Plan). TASKIDELIVERABLE AMOUNT REQUESTED: This should match the amount on the "TOTAL TASK/DELIVERABLE B UDGET AMO UNT"line for the"AMOUNT OF THIS REQUEST"column. w GRANT EXPENDITURES SUMMARY SECTION: 0 "AMOUNT OF THIS REQUEST"COLUMN: Enter the amount that was expended for this task during the period 0 C, for which you are requesting reimbursement for this task. This must agree with the currently approved budget in the 0 current Grant Work Plan of your grant Agreement. Do not claim expenses in a budget category that does not have an approved budget. Do not claim items that are not specifically identified in the current Grant Work Plan. Enter the column total on the"TOTAL AMOUNT'line. Enter the amount of the task on the"TOTAL TASK BUDGETAMOUNT°' line. Enter the total cumulative amount of this request and all previous payments on the"LESS TOTAL CUMULATIVE CN PAYMENT REQUESTS OF" line. Deduct the "LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF" from the Q "TOTAL TASK BUDGET AMOUNT"for the amount to enter on the"TOTAL REMAINING IN TASK"line. U) "TOTAL CUMULATIVE PAYMENT REQUESTS" COLUMN: Enter the cumulative amounts that have been a requested to date for reimbursement by budget category. The final request should show the total of all requests; first 0 through the final request(this amount cannot exceed the approved budget amount for that budget category for the task you are reporting on). Enter the column total on the"TOTALS"line. Do not enter anything in the shaded areas. "MATCHING FUNDS" COLUMN: Enter the amount to be claimed as match for the performance period for the task you are reporting on. This needs to be shown under specific budget categories according to the currently approved Grant Work Plan. Enter the total on the"TOTAL AMOUNT"line for this column. Enter the match budget amount on 'a LO the "TOTAL TASK BUDGET AMOUNT' line for this column. Enter the total cumulative amount of this and any previous match claimed on the"LESS TOTAL CUMULATIVE PAYMENTS OF'line for this column. Deduct the"LESS TOTAL CUMULATIVEPAYMENTSOF'from the"TOTAL TASK B UDGETAMOUNT"for the amount to enter on the "TOTAL REMAINING IN TASK"line. "TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amount you have claimed to date for match by budget category for the task. Put the total of all on the line titled"TOTALS." The final report should show the total of all claims,first claim through the final claim, etc. Do not enter anything in the shaded areas. GRANTEE'S CERTIFICATION: Check all boxes that apply. Identify any licensed professional service providers that certified work or services completed during the period included in the request for payment. Must be signed by both the Grantee's Grant Manager as identified in the grant agreement and the Grantee's Fiscal Agent. NOTES: If claiming reimbursement for travel,you must include copies of receipts and a copy of the travel reimbursement form approved by the Department of Financial Services,Chief Financial Officer. Documentation for match claims must meet the same requirements as those expenditures for reimbursement. Exhibit C,DEP Agreement#: SD013 3of3 Rev.6/14/2019 Packet Pg.4333 L.7.f a � MINE 0 CN CN Cl , a �mf + N N nl N COUNTY '06 ONROE /rr, �r m�✓,, 1yr, Oros � FLORIDA BOARD OF COUNTN OMMISSIONE/ / lJtry l - Sa L� s 1 I , I I ' I 1 1 II I II II II I III I11 111111111111111111 II 111 II ,1 IIII 1 ,.I IIII 1 1„, IIIIIIIIIIIIIIIIII II 111 1 , 11 ,1111111111111111111 I1�� Illlll i1�i11 ,,,,,«IIII„ 11�11111111111IIIIIIIIIIII IIIL. ��,«11N111 ,,, 11 �,111, ,�,I 1,1�1„�1IIIII�IuIIIIIIIIIIIIIIIIIIIIIIIIIIIIII �ymi IIII .. � r i rr /ir rvi ri r it JY %, war « L.7.f Monroe County Board of County Commissioners Fiscal Years 2022 Adopted Fiscal Plan Fund Summary Conch Key Municipal Service Taxing Unit Fund Number: 174 Description: This taxing unti was created to provide wastewater and reclaimed water services and facilities on Conch Key. FY 2022 FY 2022 Appropriations by Department Adopted Revenue Source Adopted -� Reserves 100 Other Sources 509 Wastewater MSTUs 409 Total Revenue 509 Total Budget 509 Long Key, Layton Municipal Service Taxing UnitCL Fund Number: 175 Description: This taxing unit was created to provide wastewater and reclaimed water services and facilities on Long Key and Layton. FY 2022 FY 2022 04 Appropriations by Department Adopted Revenue Source Adopted 04 Reserves 48,000 Other Sources 267,227 Wastewater MSTUs 219,227 Total Revenue 267,227 Total Budget 267,227 Duck Key Municipal Service Taxing Unit Fund Number: 176 Description: This taxing unit was created to provide wastewater services to the Duck Key service district. CD FY 2022 FY 2022 Cq Appropriations by Department Adopted Revenue Source Adopted Ln CD Reserves 5,000 Other Sources 48,211 CD Wastewater MSTUs 43,211 Total Revenue 48,211 Total Budget 48,211 Canal #266 MSBU Fund Number: 177 Description: This taxing unit was created to provide the maintenance of local improvements for Canal#266 in Big Pine Key. The BOCC has not finalized the budget for this fund at the time of the proposed budget. FY 2022 FY 2022 Appropriations by Department Adopted Revenue Source Adopted Canals 54,583 Licenses And Permits 34,943 04 04 Reserves 15,000 Other Sources 35,688 Tax Collector 1,048 Total Revenue 70,631 Total Budget 70,631 CL 0 Building Fund e Fund Number: 180 Description: This fund is used to account for Building Department operations related to restricted building fee Ln revenues. FY 2022 FY 2022 as Appropriations by Department Adopted Revenue Source Adopted Budgeted Transfers 538,659 Licenses And Permits 5,600,000 M Building Department 6,127,306 Charges For Services 120,000 Building Refunds 90,000 Misc. Revenues 73,000 County Attorney 32,098 Other Sources 1,171,907 Reserves 176,844 Total Revenue 6,964,907 Total Budget 6,964,907 Fiscal Year 2022 Summary Reports 17 Packet Pg.4335 L.7.f Monroe County Board of County Commissioners FY 2022 Adopted Fiscal Plan FY 2019 FY 2020 FY 2021 FY 2021 FY 2022 FY 2022 Actual Actual Adopted Amended Adopted Change Parks & Recreation Parks&Recreation 2,425,654 2,289,825 2,661,812 2,662,651 3,588,342 35.00% Total Budget 2,425,654 2,289,825 2,661,812 2,662,651 3,588,342 35.00% Canals Canals - 4,380 31,841 31,841 54,583 71.00% CL Total Budget - 4,380 31,841 31,841 54,583 71.00% as County Total Budget 370,720,915 378,902,692 460,311,267 599,425,594 457,311,773 (1.00)% 04 04 CD as CL 04 CD 04 Ln 04 CD 06 (D 04 04 (D CL 0 Ln (D E U Fiscal Year 2022 Summary Reports 27 Packet Pg.4336 L.7.f Monroe County Board of County Commissioners FY 2022 Adopted Fiscal Plan by Department FY 2019 FY 2020 FY 2021 FY 2021 FY 2022 FY 2022 Actual Actual Adopted Amended Adopted Change Fleet Management Personnel Expenditures 1,588,163 1,732,781 2,013,929 2,013,929 2,320,919 15.00% Operating Expenditures 1,212,762 1,114,723 1,783,791 1,784,791 1,481,098 (17.00)% Capital Outlay Expenditures (3,845) - 6,000 5,000 6,000 - Total Budget 2,797,080 2,847,504 3,803,720 3,803,720 3,808,017 -% Facilities Maintenance CL Personnel Expenditures 2,707,029 2,853,524 2,966,524 2,969,300 3,536,811 19.00% as Operating Expenditures 5,054,641 4,806,967 5,499,525 5,499,525 5,583,161 2.00% Capital Outlay Expenditures 484,621 315,401 70,000 70,000 70,000 -% Total Budget 8,246,291 7,975,892 8,536,049 8,538,825 9,189,972 8.00% 04 Corrections Facilities04 Personnel Expenditures 803,959 778,270 823,899 828,899 874,777 6.00% Operating Expenditures 1,661,636 1,799,916 2,041,627 1,528,518 2,088,856 2.00% 10 CL Capital Outlay Expenditures 29,805 1,558 35,000 1,543,109 - (100.00)% Total Budget 2,495,399 2,579,744 2,900,526 3,900,526 2,963,633 2.00 Parks & Recreation04 CD 04 Personnel Expenditures 962,296 1,006,580 1,016,906 1,017,745 1,239,514 22.00% Ln CD Operating Expenditures 1,357,130 1,226,827 1,633,190 1,538,566 2,218,112 36.00 Capital Outlay Expenditures 106,228 56,418 11,716 106,340 130,716 1016.00% Total Budget 2,425,654 2,289,825 2,661,812 2,662,651 3,588,342 35.00 Canals Operating Expenditures - 4,380 31,841 31,841 54,583 71.00% Total Budget - 4,380 31,841 31,841 54,583 71.00% qy CD County Total Budges 370,720,915 378,902,692 460,311,267 599,425,594 457,311,773 (1.00)0/6 04 04 as CL 0 Ln dS E U Fiscal Year 2022 Summary Reports 31 Packet Pg.4337 Monroe County Board of County Commissioners Fiscal Years 2022 thru 2026 Capital Improvement Program - CIP Appropriation Plan One Cent Infra-structure Sales Tax Appropriated FY 2022 Un-Appropriated Subsequent Years 6 Year CIP Project Categories To Date Adopted FY 2023 FY 2024 FY 2026 FY 2026 Total Total Fund 304 Administrative&Misc. 72,688,248 25,676,870 24,064,916 27,062,692 25,345,569 22,333,019 124,483,066 197,171,3 304-1613ond 2016 Revenue Bond 1,558,890 1,124,263 1,119,053 1,118,674 5,403,042 5,399,739 14,164,771 15,723,E 304-22004Admin.Costs Engineering 22 1,935,083 2,343,402 2,343,402 2,343,402 2,332,906 2,332,906 11,696,018 13,631,1 304-22022 7 Mile Bridge Annual County 0 562,655 562,655 562,655 562,655 562,655 2,813,275 2,813,2 304-590125 Budgeted Transfers to 125 1,612,615 0 0 0 0 0 0 1,612,E 304-590207 Debt Service Payments 32,349,745 13,658,078 13,658,914 13,662,508 9,378,742 7,378,742 57,736,984 90,086,7 304-590310 Budgeted Transfers to 310 500,000 250,000 350,000 350,000 375,000 375,000 1,700,000 2,200,0 tf C 304-590314 Budgeted Transfers to 314 22,895,000 0 0 0 0 0 0 22,895,0 CL 304-590316 Land Acquisition 7,250,000 500,000 0 0 0 0 500,000 7,750,0 304-590910 Cost Allocation-86502 2,136,915 533,877 533,877 533,877 533,877 533,877 2,669,385 4,806,3 304-590990 Contingency Reserves 304 8 0 1,777,420 1,774,274 5,908,193 3,485,060 2,845,060 15,790,007 15,790,0 304-590991 Cash Balance-Reserves 304 0 4,427,175 3,722,741 2,583,383 3,274,287 2,905,040 16,912,626 16,912,E 04 304-IRMA Transfer to 125-Hurricane Irma 1,500,000 500,000 0 0 0 0 500,000 2,000,0 CD 86502 Clerk ERP Clerk ERP System 700,000 0 0 0 0 0 0 700,0 CM2001 College of FLK Upper Keys 250,000 0 0 0 0 0 0 250,0 Fund 304 Culture&Recreation 1,987,622 1,879,722 0 0 1,969,542 1,000,000 4,849,264 6,836,8 CC1402 Higg's Beach Master Plan 717,178 100,000 0 0 1,969,542 1,000,000 3,069,542 3,786,7 CL CC1701 Big Pine Swimming Hole 173,200 547,708 0 0 0 0 547,708 720,9 CC1901 Rowell'sMarina 620,140 1,232,014 0 0 0 0 1,232,014 1,852,1 04 CC1902 Pigeon Key 477,104 0 0 0 0 0 0 477,1 04 CD Fund 304 Economic Environment 200,806 0 0 0 0 0 0 200,8 Fund 304 General Government 4,392,167 6,816,321 3,277,500 0 2,675,000 1,685,000 14,453,821 18,845,9 CD CD CG1901 Ocean Reef Building/Fire Boat 800,000 475,000 0 0 0 0 475,000 1,275,0 CG1902 Jefferson Browne 333,934 200,000 0 0 0 0 200,000 533,9 CG1904 Public Defender/Simonton Prope 2,189,745 1,321,821 1,077,500 0 0 0 2,399,321 4,589,0 06 CG2001 Guidance Care Center Project 200,000 0 0 0 0 0 0 200,0 CG2002 Senior Nutrition Center 67,000 75,000 0 0 2,675,000 1,685,000 4,435,000 4,502,0 CG2004 Building Automation Replaceme 250,000 0 0 0 0 0 0 250,0 CG2007 Rockland Key Facility-Fac Maint 551,488 1,200,000 200,000 0 0 0 1,400,000 1,951,4 qy CG2201 Jackson Square Chiller Building 0 2,000,000 2,000,000 0 0 0 4,000,000 4,000,0 CG2202 County Facilities Capital Projects 0 1,544,500 0 0 0 0 1,544,500 1,544,5 no Fund 304 Physical Environment 163,230 124,767 0 0 0 0 124,767 287,9 04 04 PE1901 Canal Monitoring 163,230 49,767 0 0 0 0 49,767 212,9 >- PE2101 Canal&Culvert Projects 0 75,000 0 0 0 0 75,000 75,0 10 Fund 304 Public Safety 2,407,804 1,787,000 3,050,000 650,000 500,000 500,000 6,487,000 8,894,8 CL CP1403 KL Fire Hydrants 989,225 150,000 150,000 150,000 0 0 450,000 1,439,2 CP1901 Fire&Ambulance Fire Truck 1,418,579 837,000 0 0 0 0 837,000 2,255,5 e CP2101 MCSO Generator 0 300,000 2,400,000 0 0 0 2,700,000 2,700,0 CP2202 Trauma Star Helicopter Replace 0 500,000 500,000 500,000 500,000 500,000 2,500,000 2,500,0 Fund 304 Transportation 6,012,480 2,365,730 4,231,594 1,364,969 1,000,000 4,500,000 13,462,293 19,474,7 CR1401 Road Paving Back Log 575,000 385,000 0 0 0 0 385,000 960,0 (D E CR1604 Stock Island II Road Improveme 1,065,595 0 0 0 0 0 0 1,065,5 0 CR1605 1 st Street/Bertha Ave Improveme 3,290,971 405,012 0 0 0 0 405,012 3,695,9 CR1902 Koehn Sub Division 708,409 475,718 0 0 0 0 475,718 1,184,1 CR1905 Road& Bridge Phase II 0 0 0 0 1,000,000 4,500,000 5,500,000 5,500,0 CR2001 Duval Street Mill and Resurface 372,505 100,000 0 0 0 0 100,000 472,5 CR2201 Seaview Drive Bridge Replacem 0 0 3,231,594 1,364,969 0 0 4,596,563 4,596,5 CR2202 Twin Lakes 0 1,000,000 1,000,000 0 0 0 2,000,000 2,000,0 Total Project Cost 175,704,714 38,650,410 34,624,010 29,077,661 31,490,111 30,018,019 163,860,211 339,564,9 Fiscal Year 2022 46 Packet Pg.4338 Monroe County Board of County Commissioners Fiscal Years 2022 thru 2026 Capital Improvement Program - CIP Appropriation Plan Fund 304 Physical Environment .............................................. Appropriated FY 2022 Un-Appropriated Subsequent Years 5 Year CIP Projects To Date Adopted FY 2023 FY 2024 FY 2025 FY 2026 Total Total PE2101 Canal&Culvert Projects - 75,000 75,000 75,0 PE1901 Canal Monitoring 163,230 49,767 49,767 212,9 Total Project Cost 163,230 124,767 124,767 287,9 Appropriated FY 2022 Un-Appropriated Subsequent Years 5 Year CIP Fund Balance Forward To Date _Adopted FY 2023 FY 2024 FY 2025 FY 2026 Total Total Fund 304 Fund Balance Forward 163,230 124,767 124,767 287,9 0 Total Funding 163,230 124,767 124,767 287,9 _ 0 CL c^a c14 c� CL U c^a c14 c14 LO U 00 c^a c14 ILL CL 0 LO E c5 Fiscal Year 2022 Packet Pg.4339 410 Monroe County Board of County Commissioners Fiscal Years 2022 thru 2026 Capital Improvement Program - CIP Appropriation Plan Title: Canal Monitoring Project: PE1901 Category: Fund 304 Physical Environment Status:Adopted Department: Project Management LMS: N/A Comprehensive Plan Information Project Location CIE Project: N/A Plan Reference: District: LOS/Concurrency: N/A Project Need: N/A Location: Programmed Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Fundinq Funding To Date FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Future Fundii 212,997 163,2301 49,7671 01 01 01 0 160, Description and Scope 0 This is for the continuation of maintaining clean and clear canals throughout our county. Rationale CL Funding Strategy Funded out of the One Cent Infrastructure Sale Surtax in the Physical Environment category. c^a c14 c� CL 3 c^a c14 c14 LO CL Project Map Schedule of Activities 06 Project Activities From-To Amount Other 10/18-09/22 373,412 00 c^a N f CL O Total Budgetary Cost Estimate: 373,412 �a Means of Financing LO Funding Source Amount Fund 304 Fund Balance Forward 212,997 �o'v i I ii Total Programmed Funding: 212,997 Future Funding Requirements: 160,415 Fiscal Year 2022 Packet Pg.4340 411 Monroe County Board of County Commissioners Fiscal Years 2022 thru 2026 Capital Improvement Program - CIP Appropriation Plan Title: Canal&Culvert Projects Project: PE2101 Category: Fund 304 Physical Environment Status:Adopted Department: Project Management LMS: Comprehensive Plan Information Project Location CIE Project: Plan Reference: District: LOS/Concurrency: Project Need: Location: Programmed Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Fundinq Funding To Date FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Future Fundii 75,000 01 75,0001 01 01 01 0 -75,1 Description and Scope 0 Rationale CL CN CN c� CL 3 CN CN CN LO Project Map Schedule of Activities 06 Project Activities From-To Amount 00 CN CN CL O Total Budgetary Cost Estimate: 0 Means of Financing LO Funding Source Amount Fund 304 Fund Balance Forward 75,000 c5 Total Programmed Funding: 75,000 Future Funding Requirements: (75,000) Fiscal Year 2022 Packet Pg.4341 412 GV�S COURTq c Kevin Madok, CPA Clerk of the Circuit Court& Comptroller— Monroe Count Florida o p Y, E cOVN May 13, 2022 Department of State Adiiiiiiistrative Code& Register W 500 S Bronough Street a 0 Tallahassee FL 32399-0250 0 CL To Whom It May Concern, Attached is a copy of Orduiance No. 005-2022 updating the Five-Year Schedule of Capital Improvements table for fiscal years 2022-2026, located within the Capital Improvements Llement CN of the Monroe County Year 2030 Comprehensive Plan, pursuant to Florida Statute Section CN 163.3177(3). a� This Orduiance was adopted by the Monroe Comity Board of Comity Commissioners at a CL regular meeting, held iii formal session, on April 20, 2022. Should you have any questions please w feel free to contact me at (305) 292-3550. t j CN CN Respectfully Submitted, CN LO Kevin Madok, CPA, Clerk of the Circuit Court&Comptroller& ex-officio to the Monroe County 06 Board of County Commissioners t j by.•Liz YonP7re, Deputy Clelk a� c� CL cc: Plaimi ig& Lnvirorimental a County Administrator County Attorney LO MuniCode BOCC File c� 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 Plan 305-294-4641 305-289-6027 305-852-7145 305- Packet Pg.4342 L.7.f a 2 � �, �✓ 3 4 5 6 7 MONROE COUNTY, FLORIDA 8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 0 9 ORDINANCE NO. 005 -2022 10 11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY 12 COMMISSIONERS UPDATING THE FIVE-YEAR SCHEDULE OF 13 CAPITAL IMPROVEMENTS TABLE FOR FISCAL YEARS 2022-2026, 14 LOCATED WITHIN THE CAPITAL IMPROVEMENTS ELEMENT OF cN 15 THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN, a 16 PURSUANT TO FLORIDA STATUTE § 163.3177(3); PROVIDING FOR 17 SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT 18 PROVISIONS; PROVIDING FOR FILING WITH THE SECRETARY OF 19 STATE; PROVIDING FOR INCLUSION IN THE MONROE COUNTY W 20 YEAR 2030 COMPREHENSIVE PLAN; PROVIDING FOR AN 3 21 EFFECTIVE DATE. cN cN a cN 22 23 24 WHEREAS, the Monroe County Board of County Commissioners hereby makes the following 25 findings and determinations: 0 26 0- 27 1. Pursuant to Florida Statute § 163.3164(7), "Capital improvement" means "physical assets 28 constructed or purchased to provide, improve, or replace a public facility and which are 29 typically large scale and high in cost. The cost of a capital improvement is generally 30 nonrecurring and may require multiyear financing. For the purposes of this part, physical 31 assets that have been identified as existing or projected needs in the individual �o 32 comprehensive plan elements shall be considered capital improvements." N 33 U_ 34 2. Pursuant to Florida Statute§ 163.3177(3)(a),the Comprehensive Plan"shall contain a capital 2 35 improvements element designed to consider the need for and the location of public facilities 0 36 in order to encourage the efficient use of such facilities[.]" 37 38 3. Pursuant to Florida Statute § 163.3177(3)(a)(1.),the Capital Improvements Element("CIE") LO 39 shall set forth"[a] component that outlines principles for construction, extension, or increase 40 in capacity of public facilities, as well as outline principles for correcting existing public 41 facility deficiencies, which are necessary to implement the comprehensive plan. The 42 components shall cover at least a 5-year period." 43 44 4. Pursuant to Florida Statute § 163.3177(3)(a)(2.), the CIE shall set forth"[e]stimated public 45 facility costs, including a delineation of when facilities will be needed, the general location 46 of the facilities, and projected revenue sources to fund the facilities." 1 of 4 Packet Pg.4343 L.7.f 1 5. Pursuant to Florida Statute § 163.3177(3)(a)(3.), the CIE shall set forth "[s]tandards to 2 ensure the availability of public facilities and the adequacy of those facilities to meet 3 established acceptable levels of service." 4 5 6. Pursuant to Florida Statute§ 163.3177(3)(a)(4.),the CIE shall set forth a"schedule of capital 6 improvements which includes any publicly funded projects of federal, state, or local 7 government, and which may include privately funded projects for which the local W 8 government has no fiscal responsibility. Projects necessary to ensure that any adopted level- 0 9 of-service standards are achieved and maintained for the 5-year period must be identified as 10 either funded or unfunded and given a level of priority for funding." C 11 12 7. Pursuant to Florida Statute § 163.3177(3)(a)(5.), the "schedule must include transportation 13 improvements included in the applicable metropolitan planning organization's transportation 14 improvement program adopted pursuant to s. 339.175(8) to the extent that such N 15 improvements are relied upon to ensure concurrency and financial feasibility. The schedule Q 16 must be coordinated with the applicable metropolitan planning organization's long-range 17 transportation plan adopted pursuant to s. 339.175(7)." 18 19 8. Pursuant to Florida Statute § 163.3177(3)(b), the "capital improvements element must be 20 reviewed by the local government on an annual basis. Modifications to update the 5-year U 21 capital improvement schedule may be accomplished by ordinance and may not be deemed N 22 to be amendments to the local comprehensive plan." LO 23 24 9. Objective 1401.1 of the Year 2030 Comprehensive Plan mandates Monroe County to 25 provide the capital improvements necessary to correct existing deficiencies, to 0 06 26 accommodate projected future growth, and to replace obsolete and worn-out facilities, in _ 27 accordance with an adopted Capital Improvements Program. 28 29 10. Policy 1401.1.1 of the Year 2030 Comprehensive Plan mandates Monroe County to update 30 annually the existing County Capital Improvements Program to incorporate the 31 improvements identified in the Five-Year Schedule of Capital Improvements. 32 N 33 11. Policy 1401.1.2 of the Year 2030 Comprehensive Plan mandates Monroe County to U_ 34 annually update the Comprehensive Plan Five-Year Schedule of Capital Improvements, 2 35 and further provides that revisions to the schedule shall be incorporated into the Capital 0 36 Improvements Program on an annual basis. 37 38 12. The Monitoring and Evaluation Procedures 4.0 of the Year 2030 Comprehensive Plan state LO 39 that the CIE must be reviewed in coordination with the County's annual budget process. 40 This Element identifies the need for public facilities, Level of Service standards, cost of 41 facilities, revenue sources, and a schedule for the funding and construction of 42 improvements for a five (5) year period. The annual evaluation will review capital 43 improvement priorities, costs, revenue concerns and implementation schedules, as 44 determined within the support data and the County's Capital Improvements Program. 45 2 of 4 Packet Pg.4344 L.7.f 1 13. The subject amendment is consistent with the Principles for Guiding Development for the 2 Florida Keys Area of Critical State Concern, Florida Statutes § 380.0552(7). 3 4 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 55 COMMISSIONERS OF MONROE COUNTY,FLORIDA: �- 7 Section 1. Recitals and Legislative Intent. The foregoing findings and determinations are true 89 and correct and are hereby incorporated as if fully set forth herein. 10 Section 2. The updated Five-Year Schedule of Capital Improvements table for Fiscal Years 2022- 11 2026, located within the Capital Improvements Element of the Monroe County Year 12 2030 Comprehensive Plan, is hereby adopted and attached hereto as Exhibit"A.".This 13 table supersedes and replaces any prior adopted tables. 15 Section 3. Inconsistency. Partial Invalidity, Severability. and Survival of Provisions. If any � 16 portion of this Ordinance, or any part or portion thereof, is held to be invalid or Q 17 unenforceable by any administrative hearing officer or court of competent jurisdiction, 18 the invalidity or unenforceability of such provision,or any part or portion thereof,shall 19 neither limit nor impair the operation,enforceability,or validity of any other provision CL 20 of this Ordinance, or any remaining part(s) or portion(s)thereof. All other provisions 21 of this Ordinance, and remaining part(s) or portion(s) thereof, shall continue U CN 23 unimpaired in full force and effect. CN 24 Section 4. Repeal of Inconsistent Provisions.All ordinances or parts of ordinance(s)in conflict `O 25 with this Ordinance are hereby repealed to the extent of said conflict. The repeal of an 26 ordinance herein shall not repeal the repealing clause of such ordinance or revive any 27 ordinance which has been repealed thereby. 29 Section 5, Effective Date.This Ordinance shall be filed in the Office of the Secretary of the State c: 30 of Florida and shall become effective as provided by law. 31 32 Section 6. This amendment shall be incorporated into the Monroe County Year 2030 34 Comprehensive Plan. 35 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, 36 at a regular meeting of the Board held on the 20th day of April,2022. 38 Mayor David Rice YES 39 Mayor Pro Tern Craig Cates YES CL 40 Commissioner Michelle Coldiron YES 41 Commissioner District Three VACANT 42 43 Commissioner Holly Merrill Raschein YES LO 44 BOARD OF COUNTY COMMISSIONERS 45 OF MONROE COUNTY, FLORIDA 46 47 By: 48 MAYO AVID RICE 49 MONROE COUNTY ATTORNEY 50 APE OaIAS TO FORM 51 �— PETER MORRIS ASSISTANT COUNTY ATTORNEY Date: 4/4/22 3 of 4 Packet Pg.4345 23 KEVIN MADOK, CLERK 5 6 w 7 By: 0 8 UAS DEPUTY tLERK 0 9 CN CN a CN CN CN ul) ::D 06 CN CN u- ul) E .a u 4 of 4 Packet Pg.4346 L7: 3 0 CL \ c § q E ® � \ } a § Q ! q \ m G E ! G / : § ; § @ : ) R S Q _ k m =)E ® S ! § Lu ` k }\ \7 \ 7 7 7 7 7 7 7 7 7 ® _ m C \ « / ! © \ = E mE — f k \ j (\ ) ) { — _ - _ - - s _ - s s k !$ ; \ ` Packet PPg. 4 4 L7: 3 0 / \ Lr § c c k � \ a Q k / Q 06 CL c } W } } / \ < _ � -- = k » _ LL 33 }\\\ � � • \ \ / o \ E o f aa \ ) \ \ \ \ \ \ \ \ ( - - uo o Packet P$4348