Item P17 P17
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
July 17, 2024
Agenda Item Number: P17
2023-2705
BULK ITEM: Yes DEPARTMENT: Sustainability
TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag
N/A
AGENDA ITEM WORDING: SUSTAINABILITY: Approval of Amendment No. 2 to grant
agreement#LPA0428 with the Florida Department of Environmental Protection to authorize an
extension of time to December 31, 2026.
ITEM BACKGROUND:
This item approves amendment no.2 to Stewardship grant agreement#LPA0248 with the Florida
Department of Environmental Protection to provide for a 24-month extension, which is needed to
complete the design and permitting of the projects. The process is slightly behind schedule due to the
lengthening periods of time required to obtain permits.
PREVIOUS RELEVANT BOCC ACTION:
02/14/23: Approval of revenue grant agreement#LPA0248 with the Florida Department of
Environmental Protection to authorize Stewardship funds of$4,246,515 for the canal restoration
program.
10/18/23: SUSTAINABILITY: Approval of Amendment No. 1 to grant agreement#LPA0248 with the
Florida Department of Environmental Protection to authorize a modification to the workplan
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
Time extension.
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
LPA0 28_A2_-_for_sig at re.pdf
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FINANCIAL IMPACT:
Effective Date: Upon Execution Expiration Date: December 31, 2026
$ Value of Amendment NO. 2: $0
Total Dollar Value of GRANT: $4,246,515
Total Cost to County: $0
Current Year Portion: N/A Budgeted: N/A
Source of Funds: FDEP Stewardship Funds CPI: N/A Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: O&M costs for air curtains
Revenue Producing: N/A If yes, amount:
Grant: Yes County Match: N/A
Insurance Required: No
Additional Details:
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AMENDMENT NO.2
TO AGREEMENT NO.LPA0428
BETWEEN
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
AND
MONROE COUNTY
This Amendment to Agreement No. LPA0428 (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 Canal Restoration Work
Plan Implementation(Project),effective March 13,2023; and,
WHEREAS,the Grantee has requested an extension of the Agreement due to delays in design; 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 3. of the Standard Grant Agreement is hereby revised to change the Date of Expiration to
December 31,2026.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. 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.
3. 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.
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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No.LPA0428,Amendment No.2,Page 1 of 2
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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 3-2 Revised Grant Work Plan
Exhibit A-1 Progress Report Form
Approved as to form and legal sufficiency:
Monroe County Attorney's Office 7-6-2024
o
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DEP Agreement No.LPA0428,Amendment No.2,Page 2 of 2
4650
ATTACHMENT 3-2
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/Longitude
105—Tavernier 25.0135 80 5116
255—Bi2 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—Bi2 Pine Key 24.6989, -81.3499
299—Bi2 Pine Key 24.6724, -81.3403
82—Rock Harbor 25.0457, -80.4862
474-Geiger Key 24.5790, -81.6556
278-Bi2 Pine Key 24.6913, -81.3773
58—Key Lareo 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, and should be
submitted prior to the expiration of the grant agreement.
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. Activities necessary for
design, such as collecting sediment cores and bathymetric, environmental, and engineering surveys to
understand the existing conditions for the canals, are eligible under this task.
Documentation: The Grantee will submit a signed summary of activities completed for the period of
work covered in the payment request, including the percentage of design complete and permitting status,
using the format provided by the Department's Grant Manager. For the final documentation, the Grantee
will also submit a copy of the design completed with the funding provided for this task,a list of all required
permits identifying issue dates and issuing authorities, and copies of any surveys, assessments, or other
documents funded under this task. Upon request by the Department's Grant Manager, the Grantee will
provide additional supporting documentation relating to this task.
DEP Agreement No. LPA0428, Attachment 3-2,Page 1 of 3
4651
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 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 a signed summary of activities completed for the period of work
covered in the payment request, using the format provided by the Department's Grant Manager. Upon
request by the Department's Grant Manager,the Grantee will provide additional supporting documentation
relating to this task.
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 a signed summary of activities completed for the period of work
covered in the payment request, using the format provided by the Department's Grant Manager. Upon
DEP Agreement No. LPA0428, Attachment 3-2,Page 2 of 3
4652
request by the Department's Grant Manager,the Grantee will provide additional supporting documentation
relating to this task.
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 the corresponding task
end date. Cost reimbursable grant funding must not exceed the budget amounts as indicated below.
For any Task with a Budget Category of Contractual Services, the Grantee shall submit a copy of the
executed subcontract to the Department prior to submitting any invoices for subcontracted work.
Task Task Title Budget Grant Amount Task Task
No. Category Start Date End Date
1 Preconstruction Activities Contractual $587,537 07/01/2022 06/30/2026
Services
2 Bidding and Contractor Contractual $90,000 07/01/2022 06/30/2026
Selection Services
3 Project Management Contractual $322,463 07/01/2022 06/30/2026
Services
4 Construction Contractual $3,246,515 07/01/2022 06/30/2026
Services
Total: $4,246,515
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.
DEP Agreement No. LPA0428, Attachment 3-2,Page 3 of 3
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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:
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....... ............... ....... ........ ........P. ............................................................................................................................................................. .............. ..............................P.........................................................
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
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