HomeMy WebLinkAboutItem R06 COUNTY of MONROE BOARD OF COUNTY COMMISSIONERS
� Mayor Michelle Lincoln,District 2
The Florida Keys Mayor Pro Tern David Rice,District 4
y Craig Cates,District 1
James K. Scholl,District 3
� «
Holly Merrill Raschein,District 5
Regular Meeting
July 15, 2026
Agenda Item Number: R6
26-32302
BULK ITEM: Yes DEPARTMENT: Resilience Office
TIME APPROXIMATE: N/A STAFF CONTACT: Rhonda Haag (305) 395-9928
AGENDA ITEM WORDING:
Approval of Amendment No. 3 to Grant Agreement #LPA-0428 with the Florida Department of
Environmental Protection to authorize a modification to the workplan to add Geiger Key canals 470 and
475 for design and permitting with no change to the funding amount.
ITEM BACKGROUND:
This item approves Amendment No. 3 to the Stewardship Grant Agreement#LPA-0428 with the Florida
Department of Environmental Protection to add in two canals on Geiger Key for design and permitting.
PREVIOUS RELEVANT BOCC ACTION:
02/14/23: Approval of Revenue Grant Agreement #LPA-0428 with the Florida Department of
Environmental Protection to authorize Stewardship funds of$4,246,515.00 for the Canal Restoration
Program.
11/08/23: Approval of Amendment No. 1 to Grant Agreement#LPA-0428 with the Florida Department
of Environmental Protection to authorize a modification to the workplan.
07/17/24: Approval of Amendment No. 2 to Grant Agreement#LPA-0428 with the Florida Department
of Environmental Protection to authorize an extension of time to December 31, 2026
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
Revised workplan, substitution of canals.
STAFF RECOMMENDATION:
Approval
DOCUMENTATION:
LPA042 8-A3 — attorney stamped
FINANCIAL IMPACT:
Effective Date: 06/16/2026
Expiration Date: 11/3 0/2 8
Total Dollar Value of Contract:
Total Cost to County: $0
Current Year Portion: N/A
Budgeted: N/A
Source of Funds: Grant
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: Yes
County Match: No
Approval of Amendment No. 3 to Grant Agreement#LPA-0428with e Florida
Department f Environmental Protection to authorize a modification to the workplan to add
Geiger Key canals7 75 for design and permittingit change to the funding
amount.
AMENDMENT NO.3
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 a revision in the scope of work and a budget reallocation for the Project; and,
WHEREAS,the Grantee has requested an extension of the Agreement due to permitting 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
May 31,2029. 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, Special Audit Requirements, is hereby deleted in its entirety and replaced with
Attachment 5-1, 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 5-1,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. LPA0428,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
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:
P,
APPROVED O ` Sarah Louissaint,DEP Grant Manager
, .. :
COUP"Y ATTORNEY
Kate Pace,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 5-1 Revised Special Audit Requirements
DEP Agreement No. LPA0428,Amendment No. 3,Page 2 of 2
ATTACHMENT 3-3
REVISED GRANT WORK PLAN
PROJECT TITLE: Monroe County Canal Restoration Work Plan Implementation
PROJECT LOCATION: The Project will have 13 locations within Monroe County, listed below:
....................Latitude/Lon............................................................................................................................................................................Canal Number-Location gitude
105—Tavernier 25.0135, -80.5116
255—Big Pine Ke 24.7076, -81.3728
315—Big Pine Key 24.66191 -81.3371
00000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000
295—Big Pine Key__ 24.6742, -81.3413
00000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000
297—Big Pine Key 24.67331 -81.3410
0000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000
266—Big Pine Key_ 24.6989, -81.3499
1299—Big Pine Key 24.6724, -81.3403
82—Rock Harbor 25.04571 -80.4862
.790.............. ... .......474—Geiger Key_ —11,11,111,111,1111,24.5 I'll, 1..................... i.6556
278—Big Pin�ey_ 24.6913, -81.3773
10000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000
58—Key Largo 25.1104, -80.4319
0000
475-Geiger_Key_ 24.5774, -81.6578
0000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000
470-Geiger Key 24.58041 -81.6569
PROJECT BACKGROUND: In 2013, Phase 11 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 13 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 13 canals as possible with the grant funding.
The Grantee does not anticipate that the funding under this Agreement will result in a fully completed
project, so this Agreement will cover a portion of the work.
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.
DEP Agreement No. LPA0428, Attachment 3-3, Page 1 of 3
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, a payment request may be processed.
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 13 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, and respond to bid questions in accordance with the Grantee's procurement
process,to select one or more qualified and licensed contractors to complete construction of the project.
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, a payment request may be processed.
Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more
frequently than monthly.
Task 3: Project Management
Deliverables: The Grantee will perform project management related to Monroe County Canal Restoration
Work Plan Implementation,to include field engineering services,construction observation and inspections,
site meetings with construction contractor(s) and design professionals, and overall construction
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, a payment request may be processed.
DEP Agreement No. LPA0428, 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: Construction
Deliverables:The Grantee will construct the Monroe County Canal Restoration Work Plan Implementation
in accordance with the final design.
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, a payment request may be processed.
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 payment requests that include Contractual Services, the Grantee shall provide documentation of the
procurement process, as consistent with Attachment 1, Section 9.c.
Task Task Title Budget Grant Amount Task Task
No. Category Start Date End Date
1 Preconstruction Activities Contractual $687 537 07/01/2022 11/30/2028
Services '
2 Bidding and Contractor Contractual $90 000 07/01/2022 11/30/2028
Selection Services '
3 Project Management Contractual $222 463 07/01/2022 11/30/2028
g Services '
4 Construction Contractual $3 246 515 07/01/2022 11/30/2028
Services '
Total: $412461515
Note that,per Section 8 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 3-3, Page 3 of 3
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Revised Special Audit Requirements
(State and Federal Financial Assistance)
Attachment 5-1
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department'; "DEP'; 7DEP"or "Grantor'; or other name in the agreement)to the recipient(which may be
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 I: 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 https://sam.gov/content/assistance-listings.
Attachment 5-1
1 of 6
BGS-DEP 55-215 Revised 7/1/25
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(1)(n),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
215.971 F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and the current 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 the current 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://gpps.fldfs.com/fsaa for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website at
http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at http://www.myflorida.com/,
Department of Financial Services' Website at https://www.myfloridacfo.com/ and the Auditor General's
Website at http://www.myflorida.com/audgen/.
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 direr 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 5-1
2 of 6
BGS-DEP 55-215 Revised 7/1/25
By Mail:
Federal Audit Clearinghouse
Bureau of the Census
1201 East loth 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/facweb/
2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient direr 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
3 900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
Electronically:
FDEPS ingleAuditkdep.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.gov/)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
3 900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
Electronically:
FDEPSingleAuditkdep.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 the current Rules of the Auditor General,as applicable.
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 the current Rules of the Auditor
Attachment 5-1
3 of 6
BGS-DEP 55-215 Revised 7/1/25
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 5-1
4 of 6
BGS-DEP 55-215 Revised 7/1/25
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