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1st Amendment 10/18/2023 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: December 6, 2023 TO: Rhonda Haag Chief Resilience Officer FROM: Liz Yongue, Deputy Clerk SUBJECT: October 18, 2023 BOCC Meeting The following item has been added to the record: 014 1 st Amendment to the Grant Agreement No. LPA0428 with Florida Department of Environmental Protection to authorize a modification to the workplan. 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. 1 TO AGREEMENT NO.LPA0428 BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND MONROE COUNTY This Amendment to Agreement No.LPA0428(Agreement)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 Canal Restoration Work Plan Implementation(Project),effective March 13,2023; and, WHEREAS,the Grantee has requested a revision in the scope of work for the Project; 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. 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. 2. Attachment 3,Grant Work Plan,is hereby deleted in its entirety and replaced with Attachment 3-1,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 3-1,Revised Grant Work Plan. 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.LPA0428,Amendment No. 1,Page 1 of 2 The parties agree to the terms and conditions of this Amendment and have duly authorized their respective representatives to sign it on the dates indicated below. MONROE COUNTY STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION i Digitally signed by Angela °AI, K w Knecht By: �•, •=. By: 0Date:2023.11.1508:54:59-05'00' Authorized a • T° �' Secretary or Designee Craig Cates,Mayor _ Angela Knecht,Division Director Print Name and Title Print Name and Title 4o 0 ' t Ng 1 () 1 161 J'ZO 3 Date: ,y 4P ,: �3 0 I Digitally signed by Sarah ,,..rraB Sarah Louissaint'\Louissaint 61 �, v. Date:2023.11.130957:20 N t evin Madok, Clerk 05'00' _ Sarah Louissaint,DEP Grant Manager �"' -'-. S Nathan ( Digitally signed by Nathan 4 ),Jagoda y. _ . -t$ Jagoda Date:2023.11'0.014' °''°. ., 0 As ep1V llt}7 Clerk %' 14:49:38-05 Nathan Jagoda,DEP QC Reviewer List of attachments/exhibits included as part of this Amendment: Specify Type Letter/Number Description Attachment 3-1 Revised Grant Work Plan a m .ti Approved as to form and legal sufficiency: rr:i Monroe County Attorney's Office 10-5-2023 ,—' 1-'-1 -T1 orl �U m • .r s .z=- C-- DEP Agreement No.LPA0428,Amendment No. 1,Page 2 of 2 ATTACHMENT 3-1 REVISED GRANT WORK PLAN PROJECT TITLE: Monroe County Canal Restoration Work Plan Implementation PROJECT LOCATION: The Project will have 11 locations within Monroe County, listed below: Canal Number-Location Latitude/Lon itude 105—Tavernier 25.0135, -80.5116 . ........ ........ 255—Big Pine Key 24.7076,-81.3728 315—Big Pine Key 24.6619 -81.3371 295—Big Pine Key 24.6742 -81.3413 297—Big Pine_Key 24.6733, -81.3410 266—Big Pine Key 24.6989, -81.3499 ( 299—Big Pine Key 1 24.6724, -81.3403 82—Rock Harbor 25.0457, -80.4862 1 474—Geiger Keye Key 24.5790, -81.6556 278—Big Pin 24.6913,-81.3773. _ 58—Key Largo 25.1104, -80.4319 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/ weed gate, organic removal, or backfill. The CMMP selected technologies to address the specific Class III water quality exceedances (dissolved oxygen and nutrients) within the canals and surrounding near shore waters. In response to the recommendations of the CMMP, Monroe County allocated approximately $5 million for the restoration of water quality in residential canals within unincorporated Monroe County. PROJECT DESCRIPTION: Monroe County(Grantee)will continue the canal restoration program within the 11 listed canals. The projects will be designed to promote flushing in the canals by removing the deep stagnant zones within the canals and promote a viable benthic community which will help to restore the canal waters. The Grantee will restore as many of the 11 canals as possible with the grant funding. TASKS: All documentation should be submitted electronically unless otherwise indicated. Task 1: Preconstruction Activities Deliverables: The Grantee will complete design of the Monroe County Canal Restoration Work Plan Implementation and obtain all necessary permits for construction of the project. The Grantee will also collect sediment cores, and complete bathymetric, environmental, and engineering surveys to understand the existing conditions for the canals. 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 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 final design completed with the funding provided for this task, a list of all required permits identifying issue dates and issuing authorities, and the results of collecting sediment cores and the bathymetric, environmental, and engineering surveys. DEP Agreement No. LPA0428, Attachment 3-1,Page 1 of 3 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 for all I I canals.For as many of the canals that will be restored with the funding in this Grant Work Plan, the Grantee will publish a public notice, solicit bids, conduct pre-bid meetings, respond to bid questions, and select one or more qualified and licensed contractors to complete construction of the Monroe County Canal Restoration Work Plan Implementation in accordance with the Grantee's procurement process. Documentation: The Grantee will submit: 1)the public notice of advertisement for the bid(s)for the canals anticipated to move forward to construction; 2) the bid package(s)for all canals; and 3) a written notice of selected contractor(s) for the canals anticipated to move forward to construction. 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: 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. Task 4: Construction Deliverables: The Grantee will construct the Monroe County Canal Restoration Work Plan Implementation 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. LPA0428, Attachment 3-1,Page 2 of 3 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 Amount Task Task No. Category Start Date End Date 1 Preconstruction Activities Contractual $587,537 07/01/2022 06/30/2024 Services 2 Bidding and Contractor Contractual $90,000 07/01/2022 06/30/2024 Selection Services 3 Project Management Contractual $322,463 07/01/2022 06/30/2024 Services 4 Construction Contractual $3,246,515 07/01/2022 06/30/2024 Services Total: $4,246,515 DEP Agreement No. LPA0428, Attachment 3-1,Page 3 of 3