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2nd Amendment 07/17/2024 °,,I COURJB' Kevin Madok, CPA 5ts cOUNSy 4 Clerk of the Circuit Court& Comptroller Monroe County, Florida DATE: August 2, 2024 TO: Rhonda Haag Chief Resilience Officer FROM: Liz Yongue, Deputy Clerk SUBJECT: July 17, 2024 BOCC Meeting The following item has been executed and added to the record: P 17 2nd Amendment to Grant Agreement No. LPA0428 with the Florida Department of Environmental Protection to authorize an extension of time to December 31, 2026. 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.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 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 9 . -`� �, Digitally signed byAngela j 6 f'i 9� Y �9 tk 9i& V ,. Knecht • • *0. .. 40 . .• • . . . By: _. Date.2024.08.01 11:09:11-04'00' Authorized Signature : ' Secretary.or Designee Holly:.Merrill Raschein,Mayor Angela Knecht;Division Director: • . Print Name and Title : . Print Name.and Title !I .2O2 . Date: . �- • �Date:,•:�� . :'�I� . .. : :. .. : .. . ' • r•. . Digitally signed by Sarah v: �;:; . •1-;''' Sarah Louissaint: Louis saint Date:2024.08:01'10.•36.•03-04'00' • w :" tes;_. Madok;.Clerk _ ,,t .' .' L issaint;DEP Grant Manager _ � � \ I j � �� Sarah� � -u g $ 1— - i Digitally:: signed by Nathan a Nathan. Jagoda :. _ BT'• '- "^ WJVYVV\liy"• Jagoda Date::202-40'8..' 1 . 10:55450400 . ; - r�. s :putt' :ClerkNathan Jagoda,DEP.QC Reviewer List of attachments/exhibits included as part of this Amendment: • •Specify TypeLetter/.Number •Description , . :. • . .. .Attachment• 3-2 Revised Grant Work Plan. Exhibit : • . A-l: Progress Report Form R' ' -"f nr-- ' Fi .. . . . ,-,-,.„ --r1 Approved as to form and:legal sufciency. :'MA). • Monroe County Attorney's Office 7-6-2024 --- d C..fi tA;jt 1W . - ' ' DEP Agreement No.LPA0428;Amendment No.2,Page 2 of 2 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/Lonitude 105—Tavernier 25.0135 80 5116 255—Bid Pine Key 24.7076, -81.3728 315—Bid Pine Key 24.6619, -81.3371 295—Bid Pine Key 24.6742, -81.3413 297—Bid Pine Key 24.6733, -81.3410 266—Bid Pine Key 24.6989, -81.3499 299—Bid Pine Key 24.6724, -81.3403 82—Rock Harbor 25.0457, -80.4862 474—Geiger Key 24.5790, -81.6556 278—Bi Pine Key 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, 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 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 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 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 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-o�,, ss report form ........ ................ ........ ....................................................................................................... ........ , 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