Item O07 07
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
James K.Scholl,District 3
m' David Rice,District 4
Board of County Commissioners Meeting
October 18, 2023
Agenda Item Number: 07
2023-1574
BULK ITEM: Yes DEPARTMENT: Sustainability
TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag
N/A
AGENDA ITEM WORDING: SUSTAINABILITY: Approval of Amendment No. 2 to the grant
agreement#LPA0249 with the Florida Department of Environmental Protection to revise the payment
request schedule in the Agreement for Task 2, bidding and contractor selection.
ITEM BACKGROUND:
This item is for approval of Amendment No. 2 to the Stewardship grant agreement#LPA0249 with the
Florida Department of Environmental Protection to revise the payment request schedule for Task 2
(bidding and contractor selection), to authorize partial task reimbursement to the County. The
Stewardship grant is providing funds for canal projects on canals 25, 259, 291, and 475.
For Task 2, the original agreement provides that the Grantee may submit a payment request only at
conclusion of the task. Amendment No. 2 revises the language to provide that that the Grantee may
submit a payment request for cost reimbursement for Task 2 on a monthly basis, which brings the
language in line with Task 1 (design and permitting), Task 3 (construction), and Task 4 (project
management).
PREVIOUS RELEVANT BOCC ACTION:
12/08/21: Approval of revenue grant agreement#LPA0249 with the Florida Department of
Environmental Protection to approve the expenditure of$2,587,081 in Keys Stewardship funds towards
Monroe County's canal restoration program; providing for an effective date.
04/19/23: Approval of Amendment No. 1 to the grant agreement#LPA0249 with the Florida
Department of Environmental Protection to approve an additional $1,308,332.19 in Keys Stewardship
funds towards Monroe County's canal restoration program.
CONTRACT/AGREEMENT CHANGES:
Revised payment request schedule.
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STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
LPA0249—A2—unexecuted—from—DEP—for signature_02_.pdf
FINANCIAL IMPACT:
Effective Date: Upon execution Expiration Date: March 31, 2024
Value of Amendment 2: $0 Total Cost to County: None
Total Value of Grant: $3,895,413.19
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: No If yes, amount:
Grant: Yes County Match: None
Insurance Required: No
Additional Details:
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AMENDMENT NO.2
TO AGREEMENT NO.LPA0249
BETWEEN
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
AND
MONROE COUNTY
This Amendment to Agreement No. LPA0249 (Agreement), as previously amended, is made by and between the
Department of Environmental Protection (Department), an agency of the State of Florida, and the Monroe County
(Grantee),on the date last signed below.
WHEREAS,the Department entered into the Agreement with the Grantee for Monroe County Canals 425,4259,4291,
and 4475 Restoration Projects(Project),effective January 13,2022; and,
WHEREAS,the parties have agreed to revise the payment request schedule in the Agreement; and,
WHEREAS,other changes to the Agreement are necessary; and,
WHEREAS,the parties have agreed to amend the Agreement as set forth herein.
NOW THEREFORE,the parties agree as follows:
1. Section 6.of the Standard Grant Agreement is hereby revised to the following:
Department's Grant Manager Grantee's Grant Manager
Name: Sarah Louissaint Name: Rhonda Haag
Address: Florida Dept.of Environmental Protection Address: Monroe County BOCC
3900 Commonwealth Blvd.,MS 3602 102050 Overseas Highway, Suite 2-2246
Tallahassee,FL 32399-3000 Key Largo,FL 33037
Phone: 850-245-2916 Phone: 305- 395-9928
Email: Sarah.Louissaint�FloridaDEP.gov Email: Haag-rhonda(amonroecounty-fl.gov
2. The following is hereby added to Attachment 1 as Section 8.k.:
State Funds Documentation. Pursuant to section 216.1366,F.S.,if Contractor meets the definition of a
non-profit organization under section 215.97(2)(m),F.S.,Contractor must provide the Department with
documentation that indicates the amount of state funds:
i. Allocated to be used during the full term of the contract or agreement for remuneration to any
member of the board of directors or an officer of Contractor.
ii. Allocated under each payment by the public agency to be used for remuneration of any member of
the board of directors or an officer of the Contractor.
The documentation must indicate the amounts and recipients of the remuneration. Such information must be
posted on the State's contract tracking system and maintained pursuant to section 215.985,F.S.,and must be
posted on the Contractor's website,if Contractor maintains a website.
3. Attachment 3-1, Revised Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment
3-2,Revised Grant Work Plan,as attached to this Amendment and hereby incorporated into the Agreement.
All references in the Agreement to Attachment 3 shall hereinafter refer to Attachment 3-2, Revised Grant
Work Plan.
DEP Agreement No.LPA0249,Amendment No.2,Page 1 of 2
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4. All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistency
may appear between the Agreement and this Amendment,the provisions of this Amendment shall control.
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
By: By:
Authorized Signature Secretary or Designee
Craig Cates,Mayor Angela Knecht,Division Director
Print Name and Title Print Name and Title
Date: Date:
Sarah Louissaint,DEP Grant Manager
Nathan Jagoda,DEP QC Reviewer
List of attachments/exhibits included as part of this Amendment:
Specify Type Letter/Number Description
Attachment 3-2 Revised Grant Work Plan
Approved as to form and legal sufficiency:
Monroe County Attorney's Office 10-2-2023
DEP Agreement No.LPA0249,Amendment No.2,Page 2 of 2
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ATTACHMENT 3-2
REVISED GRANT WORK PLAN
PROJECT TITLE: Monroe County Canals 925, 9259, 9291, and 9475 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
(CMMP) was completed that evaluated the conditions of the Keys canals, prioritized the need for water
quality improvement, and identified appropriate restoration options for each canal:
• Culvert
• Air Curtain/Weedgate
• Organic Removal
• Backfill
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.
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
shore waters;
Since the demonstration canal restorations were proposed by Monroe County,the canal restoration program
has grown to include over 17 residential canal restoration projects throughout Monroe County.
PROJECT DESCRIPTION: The canals (925 Key Largo, 9259 Big Pine Key, 9291 Big Pine Key, and
9475 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.
TASKS:
All documentation should be submitted electronically unless otherwise indicated.
DEP Agreement No. LPA0249, Attachment 3-2,Page 1 of 3
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Task 1: Design and Permitting(Canals #25 and#291)
Deliverables: The Grantee will complete the design restoration of Canals # 25 and 9291 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
Department's Grant Manager, the Grantee may proceed with payment request submittal.
Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more
frequently than monthly.
Task 2: 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 925, 9259, and 9475.
Documentation: For each bid, 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 no more
frequently than monthly.
Task 3: Construction (Canals #25,#259, and#475)
Deliverables: The Grantee will the complete the restoration of Canals 925, 9259, and 9475 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. LPA0249, Attachment 3-2,Page 2 of 3
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Task 4: Proiect Management(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
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.
PROJECT TIMELINE & BUDGET DETAIL:
The tasks must be completed by, and all documentation received by, the corresponding task end date. Cost
reimbursable grant funding must not exceed the budget amounts as indicated below.
Task Budget Grant Task Start Task End
No. Task Title Category Amount Date Date
I Design and Permitting Contractual $119,874.00 07/01/2021 09/30/2024
Services
2 Bidding and Contractor Contractual $11,754.00 07/01/2021 09/30/2024
Selection Services
3 Construction Contractual $3,573,828.19 07/01/2021 09/30/2024
Services
4 Project Management Contractual $189,957.00 07/01/2021 09/30/2024
Services
Total: $3,895,413.19
Note that,per Section 8.h.of Attachment I in 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. LPA0249, Attachment 3-2,Page 3 of 3
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