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2nd Amendment 10/18/2023 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: November 10, 2023 TO: Rhonda Haag Chief Resilience Officer FROM: Liz Yongue, Deputy Clerk SUBJECT: October 18, 2023 BOCC Meeting The following items have been added to the record: 07 2nd Amendment to the Grant Agreement No. LPA0249 with the Florida Department of Environmental Protection to revise the Payment Request Schedule in the Agreement for Task 2, Bidding and Contractor Selection. 08 2nd Amendment to the Revenue Grant Agreement No. LPA0241 with the Florida Department of Environmental Protection to approve additional expenditures, in the amount of $870,999.80 in Keys Stewardship Funds, towards the Canal Restoration Program for Canal No. 90 in Tavernier and providing for an effective date. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 AMENDMENT NO.2 TO AGREEMENT NO.LPA0241 BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND MONROE COUNTY This Amendment to Agreement No. LPA0241 (Agreement), as previously amended, 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 Canals 428 and 490 Backfill Restoration Projects(Project),effective October 28,2021;and, WHEREAS, $870,999.80 in additional funding for this Project is provided under Line Item 1709 of the 2023-2024 General Appropriations Act; and the total funding for this Agreement is now$4,513,487.36; and, WHEREAS, the reimbursement period for the additional funding provided under Line Item 1709 of the 2023-2024 General Appropriations Act begins on July 1,2023; and, WHEREAS,the Grantee has requested a budget reallocation for the Project; and, WHEREAS,the parties have agreed to change 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 5.of the Standard Grant Agreement is hereby revised to the following: Total Amount Funding Source? Award#s or Line Item Appropriations: Amount per Source(s): of Funding: 0 State ❑ Federal Keys,GAA LI 1580A,FY 18-19,GR $132,829.71 0 State ❑ Federal Keys,GAA LI 1660A,FY 19-20,LATF $38,252.70 $4,513,487.36 p State ❑ Federal Keys,GAA LI 1613,FY 21-22,GR $3,412,919.00 0 State ❑ Federal Keys,GAA LI 1669,FY 22-23,GR $58,486.15 0 State ❑ Federal Keys,GAA LI 1709,FY 23-24,GR $870,999.80 ❑ Grantee Match Total Amount of Funding+Grantee Match,if any: $4,513,487.36 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. DEP Agreement No.LPA0241,Amendment No.2,Page 1 of 3 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. 4. Attachment 5-1, Revised Special Audit Requirements, is hereby deleted in its entirety and replaced with Attachment 5-2,Revised Special Audit Requirements,attached hereto and made a part of the Agreement.All references in the Agreement to Attachment 5 shall hereinafter refer to Attachment 5-2,Revised Special Audit Requirements. 5. 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.LPA0241,Amendment No.2,Page 2 of 3 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 4: /'. — Digitally signed by Angela • r �/� �ine f'Knecht ° "' By: ( r Date:2023.11.02 13:37:36-04'00' By: -` Authorized ' a Secretary or Designee Craig Cates,Mayor Angela Knecht,Division Director Print Name and Title Print Name and Title `- a 4' 1G f 1J 2o73 Date: 'L { Ti• 2a Sarah ('Digitally signed by Sarah ,.Louissaint ', '0,ki EVIN MADOK,CLERK Louissaint / _�00 023.11.02 11:08:19 - __ Sarah Louissaint,DEP Grant Manager sa - f `= v `'Digitally::: Nathan Nathan 4`Jagoda/'.�Dat8:20 �4'zk ,.v`tH= As De ty Clerk Jagoda od a (,` 12:57:53-04'00' 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 Attachment 5-2 Revised Special Audit Requirements • _� µx l, Approved as to form and legal sufficiency: Monroe County Attorneys Office 10-2-2023 '-�_ • U -`i �...- gee;t•gte 'x..yyJ J 3ti • I F ) • fz- Q'$ 723 DEP Agreement No.LPA0241,Amendment No.2,Page 3 of 3 ATTACHMENT 3-2 REVISED 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 • Air Curtain • 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 aperiod of three years. Based on data collected during the limited monitoring period, F1U made the following conclusions about the backfill technology: • This technique 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 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. 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. Task 1: Design and Permitting Deliverables: The Grantee will complete the design 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 activities to date, indicating the percentage of design completion for the time period covered in the payment request. For the DEP Agreement No. LPA0241, Attachment 3-2,Page 1 of 4 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: Biddine and Contractor Selection Deliverables: The Grantee will prepare a bid package(s), publish a public notice(s), 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 canal restoration project. 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 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. 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. DEP Agreement No. LPA0241, Attachment 3-2,Page 2 of 4 Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all documentation received by, the corresponding task end date. Cost reimbursable grant funding must not exceed the budget amounts as indicated below. Task Task Title Budget Grant Task Start Task End Date No. Category Amount Date 1 Permitting Design and Contractual $139,557.50 07/01/2021 06/30/2024 g g Services 2 Bidding and Contractual $14,418.00 07/01/2021 06/30/2024 Contractor Selection Services 3 Construction Contractual $4,185,200.66 07/01/2021 06/30/2024 Services 4 Project Management Contractual $174,311.20 07/01/2021 06/30/2024 Services Total: $4,513,487.36 Note that,per Section 8.h.of Attachment 1 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. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK DEP Agreement No. LPA0241, Attachment 3-2,Page 3 of 4 Figure 1. Location Map - Canal 928 kk Canal Name: Canal Ii Bid Technolo(jy Selection: Backfill Conceptual Restoration Cost$22 Million : a� J ` d, n a� ti 1 n rr Legend Name 20 KCY LARGOose �paIN a Monroe County Parcel ,�.,OpemSNS VibutnrP�'/o tl Ma C:I Figure 2. Location Map—Canal 990 Canal Name:Canal#90 Tavernier Technology Selection: Backfill iConceptual Restoration Cost: $730K l/i i of i ii / �ar 1A t E I vy, t inumn i JE / �Aoxx 1 raiw), ugh Ilnin�, I�j14 I I, I Legend ., �k / 1 Name i J hgpY ➢11DlIlUIDIDIDIDa 00 TAVERNIER � s Fc E nn ,� e (ry�,�J t. .4 USDA�sG�sA GRID IG GIs C Esn H€ €, I�I(f1(M G © Sia MME I �V'b s Csn,HE E G rm Monroe cou my Parcel DEP Agreement No. LPA0241, Attachment 3-2,Page 4 of 4 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Revised Special Audit Requirements (State and Federal Financial Assistance) Attachment 5-2 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, on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By entering into this Agreement,the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate,the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit.The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer(CFO)or Auditor General. AUDITS PART L•FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 1. A recipient that expends$750,000 or more in Federal awards in its fiscal year,must have a single or program- specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F.EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503.An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. 2. For the audit requirements addressed in Part I,paragraph 1,the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. 3. A recipient that expends less than$750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the recipient expends less than$750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements,the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit 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 intemet at h1.1)s://sam.xov/cons enl/assist:ancclistin xs. Attachment 5-2 1 of 7 BGS-DEP 55-215 revised 11/8/2022 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2),Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 691-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance,including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II,paragraph 1;the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General. 3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year(for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes,is not required. In the event that the recipient expends less than$750,000 in state financial assistance in its fiscal year,and elects to have an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes,the cost of the audit must be paid from the non-state entity's resources(i.e.,the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance(CSFA),a recipient should access the Florida Single Audit Act website located at hi 1,:�s://, i )s.fldfs.com/fs w for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at h(t;;:�://www lc stcl;;(c f1 a�� cicorfl;c/index„cfrt State of Florida's website at h1.g)://www.n�yfloridcl.con�/, Department of Financial Services' Website at hltp.)://www.fldfs.com/and the Auditor General's Website at hlt;:�://www.m florida.com/aud�cn/. PART III: OTHER AUDIT REQUIREMENTS (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 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 5-2 2of7 BGS-DEP 55-215 revised 11/8/2022 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'acwckr/ 2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: E.J. . 25i! kA W Ll .St,cl(e.fl..::ls B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building,Room 401 111 West Madison Street Tallahassee,Florida 32399-1450 The Auditor General's website(jj..jp.//fjaadj:1or..LYov)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: E.J. . 25i! kA W Ll .St,cl(e.fl.::ls 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 5-2 3of7 BGS-DEP 55-215 revised 11/8/2022 5. Recipients,when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (non and for-profit organizations), Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V:RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer,or Auditor General upon request for a period of three (3)years from the date the audit report is issued,unless extended in writing by the Department of Environmental Protection. Attachment 5-2 4of7 BGS-DEP 55-215 revised 11/8/2022 / / 2 \ o \ o o \ o # \ o # \ o \ \ � � � \ � � \ � \d = � \ ) § / , \ \ \ 5 \ \ 5 7 5 / \ ƒ ƒ \ A{4 ; .\ { \ / / PLO a \ :\ j \ \ \ \ 4 \ / 5 \ \ \ a \ ) / \ / § 2 « 2 Q 2 Q 2 / \ \ \ / \ / ) I / I /© \ / j ® a ® a \ \ ® a ® a \\ ti ti ti ti ti � O M •�.. w 0 i o o � ZM Qj Qj o 0 0 0 0 0 0 o Qj oc Qj Qj N C Z4, O Qj Qj Qj r< EQj Qj 7z w o 0 0 0 o w Qj pQjZ m m m m m Z N �' O Z4, O ' O r0+ Q Q r0+ O O O O O N O n o o 0 4. 0 o ubfu bf Qj zj o to an to to oCjo � H QJ Qj � o o � o o Qj s s ti Qjs� u u u u s� N w a� a� o �, m x va bA 2 7 7; i5 -� 7r:L, 72 EO lull C, 61 t)b Un