3rd Amendment 03/25/2025 GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
DATE: March 26, 2025
TO: Rhonda Haag
Chief Resilience Officer
FROM: Liz Yongue, Deputy Clerk
SUBJECT: March 25, 2025 BOCC Meeting
The following item has been executed and added to the record:
03 Amendment No. 3 to the Grant Agreement No. LPA0249 with the Florida
Department of Environmental Protection for restoration projects on canals 25, 259, 291, and 475
to extend the grant termination date to June 30, 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.3
TO AGREEMENT NO.LPA0249
BETWEEN
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
AND
MONROE COUNTY
This Amendment to Agreement No. LPA0249 (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 425,4259,4291,
and 4475 Restoration Projects(Project),effective January 13,2022; and,
WHEREAS,the Grantee has requested an extension of the Agreement due to construction delays; 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
June 30,2026.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 3-2, 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.
3. Attachment 5-1, Revised Special Audit Requirements, is hereby deleted in its entirety and replaced with
Attachment 5-2, Revised Special Audit Requirements, as attached to this Amendment and hereby
incorporated into the Agreement. All references in the Agreement to Attachment 5 shall hereinafter refer to
Attachment 5-2,Revised Special Audit Requirements.
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.LPA0249,Amendment No. 3,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
j # . Digitally signed by.Angela
ilk . icor
f:{_ ,�c '-u���L'., Knecht
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Date:2025.03.2610:41:02-04'00'
A itrit ized Signature Secretary or Designee
James K.Scholl,Mayor _: Angela Knwht,Division Director
..............
Print Name and Title Print Name and Title
ate: ,bi 0 5..201 Dater
'' .. Di .tall signed'b Sarah
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�� .� a ��1z�Madok,Clerk Sarah L®uissaint;�� � � t,
f, 7 Date' • .
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Sarah Louissamnt,DEP Grant Manager
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Digitally
A _ e tyCl.erk. Nathan Jagoda
signed.by Nathan
:134, Date:.2025.03.26
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� 1"--:- ,�. Nathan.Jagoda,DEP(,C Reviewer
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List of attachments/exhibits included as part of this Amendment:
Specify.Type Letter/Number seription . . .
Attachment' 3n-3 Revised Grant Work Plan
Attachment 5.2 Revised Special.Audit Requirements
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DEP Agreement No.LPA0249,Amendment No.3,Page 2 of
ATTACHMENT 3-3
REVISED GRANT WORK PLAN
PROJECT TITLE: Monroe County Canals 925, 9259, 9291, and 9475 Restoration Projects
PROJECT LOCATION: The Project will be located within various canals in unincorporated Monroe
County; see table below for locations:
Canal# Area Latitude Longitude
25 Key Largo 25.1670 -80.3831
259 Big Pine Key 24.7031 -81.3499
291 Big Pine Key 24.6754 -81.3716
475 Geiger Key 24.5791 -81.6557
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/Weedgate
• 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 a period of three years.
Based on data collected during the limited monitoring period, F1U made the following conclusions about
the culvert, air curtain, and Backfill technology(s):
• This technology effectively increased oxygenation by improving circulation and exchange. This is
in alignment with the purpose of culverts which are to stimulate the exchange with cleaner near
shore waters;
Since the demonstration canal restorations were proposed by Monroe County,the canal restoration program
has grown to include over 17 residential canal restoration projects throughout Monroe County.
PROJECT DESCRIPTION: The canals (925 Key Largo, 9259 Big Pine Key, 9291 Big Pine Key, and
9475 Geiger Key) are a continuation of the canal restoration program in accordance with the Department
of Economic Opportunity (DEO) canal restoration work 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 Florida Department of Environmental Protection(FDEP) Dissolved Oxygen standards.
TASKS: All documentation should be submitted electronically unless otherwise indicated.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. LPA0249, Attachment 3-3,Page 1 of 3
Task 1: Preconstruction Activities (Canals#25 and#291)
Deliverables: The Grantee will complete the design for restoration of Canals 925 and 9291 and obtain all
necessary permits for construction of the project. Activities necessary for design, such as surveys,
geotechnical evaluations, and environmental assessments, 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.
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 (Canals #25,#259, and#475)
Deliverables: The Grantee will prepare a bid package,publish a public notice, 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 restoration of Canals 925, 9259, and 9475.
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 (Canals #25,#259, and#475)
Deliverables: The Grantee will the complete the restoration of Canals 925, 9259, and 9475 in accordance
with the construction contract documents.
Documentation: The Grantee will submit: 1) a copy of the final design; 2) 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.
DEP Agreement No. LPA0249, Attachment 3-3,Page 2 of 3
Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more
frequently than monthly.
Task 4: Proiect Management(Canals#25,#259, and#475)
Deliverables: The Grantee will provide project management services related to Monroe County Canals
925, 9259, 9291, and 9475 Restoration Projects, to include review of documents and forms, budget
oversight, preparation and submittal of quarterly progress reports, processing of payment requests and
related documentation,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.
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 Budget Grant Task Start Task End
No. Task Title Category Amount Date Date
1 Preconstruction Activities Contractual $119,874.00 07/01/2021 12/31/2025
Services
2 Bidding and Contractor Contractual $11,754.00 07/01/2021 12/31/2025
Selection Services
3 Construction Contractual $3,573,828.19 07/01/2021 12/31/2025
Services
4 Project Management Contractual $189,957.00 07/01/2021 12/31/2025
Services
Total: $3,895,413.19
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. LPA0249, Attachment 3-3,Page 3 of 3
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Revised Special Audit Requirements
(State and Federal Financial Assistance)
Attachment 5-2
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 $1,000,000 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$1,000,000 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 $1,000,000 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 non-federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance(CFDA)via the
internet at htt s://sam.7ov/cont:ent/assistance-listin 7,s.
Attachment 5-2
1 of 6
BGS-DEP 55-215 revised 11/19/24
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 )s.fldfs.com/fsaa for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website at
11ttp-//v v v lei,.state.fl.LIS/Welcome/rldex.cfm, State of Florida's website at 11ttp://www.mvflorida.com/,
Department of Financial Services' Website at htt ://www.fldfs.com/and the Auditor General's Website at
11ttp,//v�i v j1i florida.com/aud ,en/.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to speck 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 5-2
2of6
BGS-DEP 55-215 revised 11/19/24
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 11u -//harvester.cenSL1S: ,ov/facweb/
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:
EUE-E?_5ir171eAudit rI%LL:.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://flaudtor.g,ovn 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:
EUE-E?_5ir171eAudit rx>c8ep�.state.fl.Lis
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 5-2
3of6
BGS-DEP 55-215 revised 11/19/24
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 time the reporting package was delivered to the recipient and any 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 5-2
4of6
BGS-DEP 55-215 revised 11/19/24
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