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Item N10 N10 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting May 15, 2024 Agenda Item Number: N10 2023-2415 BULK ITEM: Yes DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag N/A AGENDA ITEM WORDING: SUSTAINABILITY: Approval to enter into Amendment 3 to planning grant 22PLN65 from the Florida Department of Environmental Protection FDEP under the Resilient Florida Grant Program to complete a Vulnerability Assessment for the City of Marathon, to memorialize Amendment No. 1 that was not executed and provided a 6 month no cost time extension; effective as of November 27, 2023; also, authorization for the County Administrator to execute any necessary documents. ITEM BACKGROUND: This item authorizes amendment 3, which memorializes amendment 1 that was not executed by the State that provided a 6 month no cost time extension to the planning grant from Marathon to the County under the Resilient Florida Grant Program for Fiscal Year 2023-24 to complete a comprehensive Vulnerability Assessment for Marathon,pursuant to Section 380.093, Statutes ( (F.S.). PREVIOUS RELEVANT BOCC ACTION: June 21, 2023: Approval to enter into planning grant 22PLN97 for $137,875 from the Florida Department of Environmental Protection under the Resilient Florida Grant Program to complete a Vulnerability Assessment for Key Colony Beach and Layton,pursuant to Section 380.093, Florida Statutes, with $0 match. October 18, 2023: Approval to enter into planning grant 22PLN65 and approval of Consent to Assignment 22PLN65-Al for $240,000 from the Florida Department of Environmental Protection under the Resilient Florida Grant Program to complete a Vulnerability Assessment for the City of Marathon,pursuant to Section 380.093, Florida Statutes, with $0 match; authorization for County Administrator to execute any necessary documents. 3635 November 8, 2023: Approval to enter into Amendment 1 to planning grant 22PLN65-Al from the Florida Department of Environmental Protection (FDEP)under the Resilient Florida Grant Program to complete a Vulnerability Assessment for the City of Marathon to modify the name of the grant recipient from City of Marathon to Monroe County following assignment of the grant, and also to amend various attachments to the grant agreement requested by FDEP; also, authorization for the County Administrator to execute any necessary documents. January 31, 2024: Approval to enter into Amendment 2 to planning grant 22PLN65-Al from the Florida Department of Environmental Protection FDEP under the Resilient Florida Grant Program to complete a Vulnerability Assessment for the City of Marathon to provide a 6 month no cost time extension; also, authorization for the County Administrator to execute any necessary documents. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: Memorializing amendment no. 1 that was not fully executed. STAFF RECOMMENDATION: Approval. DOCUMENTATION: 22PLN65 A3 - Monroe County Vulnerability Assessment and Adaptation Action Plan - For Execution.pdf FINANCIAL IMPACT: Effective Date: Upon execution Expiration Date: September 30, 2024 Dollar Value of Amendment#3: $0 Total Dollar Value of Grant: $240,000 Total Cost to County: None Current Year Portion: N/A Budgeted: N/A Source of Funds: Resilient Florida grant program CPI: N/A Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: TBD Revenue Producing: N/A If yes, amount: $0 Grant: Yes County Match: None Insurance Required: No Additional Details: 3636 AMENDMENT NO. 3 TO AGREEMENT NO. 22PLN65 BETWEEN THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS This Amendment to Agreement No. 22PLN65 (Grant Agreement) is made by and between the Department of Environmental Protection (Department), an agency of the State of Florida, and the Monroe County Board of County Commissioners (Grantee), a Local Government, collectively referred to as the Parties, on the date last signed below. WHEREAS, the Department initially entered into the Grant Agreement with the City of Marathon for the City of Marathon Vulnerability Assessment and Adaptation Plan (Project), effective April 14, 2023; and, WHEREAS, the Grant Agreement was duly assigned to the Grantee, effective November 27, 2023; and, WHEREAS, the Parties revised and updated the Grant Agreement by amendment(Amendment No. 1)with an effective date of November 27, 2023; and, WHEREAS, the Department inadvertently failed to execute Amendment No. 1; and, WHEREAS, the Parties again amended the Grant Agreement(Amendment No. 2)to extend and otherwise update the Grant Agreement effective February 8, 2024; and WHEREAS, the Parties have continuously performed pursuant to the terms and conditions of the Grant Agreement, as modified by Amendment No. 1 and Amendment No. 2, and desire to memorialize the effective date of Amendment No. 1 as November 27, 2023. NOW THERFORE, the Parties agree as follows: 1. Amendment No. 1 shall be effective as of November 27, 2023. 2. 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. 22PLN65,Amendment No. 3, Page 1 of 2 3637 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 BOARD OF COUNTY FLORIDA DEPARTMENT OF COMMISSIONERS ENVIRONMENTAL PROTECTION By: By: Authorized Representative or Designee Secretary or Designee Kevin G. Wilson, Acting County Administrator Alex Reed, Director Date: Date: Approved as to form and legal sufficiency: Monroe County Attorney's Office 4-29-2024 DEP Agreement No. 22PLN65,Amendment No. 3, Page 2 of 2 3638