Item N11 N11
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: N11
2023-2446
BULK ITEM: Yes DEPARTMENT: Sustainability
TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag
N/A
AGENDA ITEM WORDING: SUSTAINABILITY: Approval of Amendment#3 for $277,500 to
the grant agreement#LPA0241 with the Florida Department of Environmental Protection to approve
additional expenditures in Keys Stewardship funds towards Monroe County's canal restoration of canal
90 in Tavernier and extending the term to December 31, 2025;providing for an effective date and
authorizing the acting County Administrator to execute.
ITEM BACKGROUND:
This item approves Amendment#3 to the grant agreement#LPA0241 with the Florida Department of
Environmental Protection to approve $277,500 in additional expenditures in Keys Stewardship funds
towards Monroe County's canal restoration program for 90 in Tavernier.
Canal 90 restoration is underway. This is an older canal system with undermining occurring on the
canal walls, creating pockets that require additional fill to ensure the canal is backfilled to the optimum
depth for maximum water quality improvement. The additional funds will pay for additional fill.
PREVIOUS RELEVANT BOCC ACTION:
10/20/21: Approval of revenue grant agreement#LPA0241 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; providing
for an effective date.
04/19/23: Approval of Amendment#1 to the revenue grant agreement#LPA0241 with the Florida
Department of Environmental Protection to approve $229,568.56 in additional expenditures 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.
10/18/23: Approval of Amendment#2 to the revenue grant agreement#LPA0241 with the Florida
Department of Environmental Protection to approve $870,999.80 in additional expenditures in Keys
Stewardship funds towards Monroe County's canal restoration program for canal 90 in Tavernier;
3639
providing for an effective date.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
Additional funding for Canal 90.
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
LPA021_A3.pdf
FINANCIAL IMPACT:
Effective Date: Upon execution Expiration Date: June 30, 2024
$ Value of Amendment#3: $277,500
$ Value of Amendment#2: $ 870,999.80
$ Value of Amendment#1: $ 229,568.56
Original $ Value of Grant: $ 3,412,919.00
Total Dollar Value of Grant: $4,790,987.36
Total Cost to County: None
Current Year Portion: 100% Budgeted: N/A
Source of Funds: Grant LPA0241-A3 CPI: N/A Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: None
Revenue Producing: Yes If yes, amount: $ 277,500.
Grant: Yes County Match: N/A
Insurance Required: No
Additional Details:
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AMENDMENT NO.3
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, $277,500 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$4,790,987.36; 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,an extension to the Agreement is needed to provide additional time to complete the Project; and,
WHEREAS,the parties have agreed to amend the Agreement as set forth herein.
NOW THEREFORE,the parties agree as follows:
1. Section 3. of the Standard Grant Agreement is hereby revised to change the Date of Expiration to
December 31,2025.The Department and the Grantee shall continue to perform their respective duties during
this extension period pursuant to the same terms and conditions provided in the Agreement.
2. 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 $1,148,499.80
❑ Grantee Match
Total Amount of Funding+Grantee Match,if any: $4,790,987.36
3. Attachment 3-2, Revised Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment
3-3,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 3-3, Revised Grant
Work Plan.
4. 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 Agreement.All
references in the Agreement to Attachment 5 shall hereinafter refer to Attachment 5-3,Revised Special Audit
Requirements.
DEP Agreement No.LPA0241,Amendment No.3,Page 1 of 3
3641
5. Exhibit A, Progress Report Form, is hereby deleted in its entirety and replaced with Exhibit A-1, attached
hereto and made a part of the Agreement.All references in the Agreement to Exhibit A shall hereinafter refer
to Exhibit A-1.
6. 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. 3,Page 2 of 3
3642
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
Holly Merrill Raschein 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 3-3 Revised Grant Work Plan
Attachment 5-3 Revised Special Audit Requirements
Exhibit A-1 Progress Report Form
Approved as to form and legal sufficiency:
Monroe County Attorney's Office 5-2-2024
DEP Agreement No.LPA0241,Amendment No.3,Page 3 of 3
3643
ATTACHMENT 3-3
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 11 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: Desian and Permittine
Deliverables: The Grantee will complete the design of the canal restoration project and obtain all necessary
permits for construction of the project.
DEP Agreement No. LPA0241, Attachment 3-3,Page 1 of 4
3644
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
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
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.
DEP Agreement No. LPA0241, Attachment 3-3,Page 2 of 4
3645
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 Task Title Budget Grant Task Start Task End Date
No. Category Amount Date
I Design and Permitting Contractual $139,557.50 07/01/2021 06/30/2025
g g Services
2 Bidding and Contractual $14,418.00 07/01/2021 06/30/2025
Contractor Selection Services
3 Construction Contractual $4,462,700.66 07/01/2021 06/30/2025
Services
4 Project Management Contractual $174,311.20 07/01/2021 06/30/2025
Services
Total: $4,790,987.36
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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. LPA0241, Attachment 3-3,Page 3 of 4
3646
Figure 1: Location Map -Canal#28
MIUMUMEMSE
Canal Name_Canal#28 Big
Technology Selection_ Backfill "� � �,'� i.m•� /„� ,�.�. � �`�
Conceptual Restoration Cost$22 Million I
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Figure 2: Location Map—Canal#90
Name:Canal#90 Tavernier
-Y Selection, Backfill
/Conceptual Restoration Cost: $730K
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DEP Agreement No. LPA0241, Attachment 3-3,Page 4 of 4
3647
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 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
internet at http is//sam.aov/content/assistance-listing.
Attachment 5-3
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BGS-DEP 55-215 revised 11/8/2022
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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 https://api2s.fldfs.com/fsaa for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website at
htti)://wwwleg.state.fl.us/Welcome/index.cfin, State 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/aud en/.
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 5-3
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BGS-DEP 55-215 revised 11/8/2022
3649
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 http://harvester.census.Gov/f icweb/
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:
FDEP SingleAudit(a),dep.state.fl.us
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(http://flauditor.�4ov/ 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:
FDEP SingleAuditLiAeg.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
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BGS-DEP 55-215 revised 11/8/2022
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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 5-3
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BGS-DEP 55-215 revised 11/8/2022
3651
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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Exhibit A-I
Progress Report Form
The current Exhibit A,Progress Report Form for this grant can be found on the Department's website
at this link:
�iqps��//f'lot-idadep,�,ov/wi-a/wi-a/docLinietits/pi-or s re -t- -al
........ ................ ........ ........................................................................................................... ...............k S..........................pot 4,01
.......................................................
Please use the most current form found on the website, linked above, for each progress report submitted
for this project.
Exhibit A-1, Page I of I
Rev. 1/19/2024
3655