Agenda 12/14/2021 Item #16A32 (After-the-fact grant amendment for Agreement #LPA0008 for Plantation Island Hurricane Irma Waterway Recovery)12/14/2021
EXECUTIVE SUMMARY
Recommendation to provide "After -the -Fact" approval of the grant amendment for Agreement
No. LPA0008 for the Plantation Island Hurricane Irma Waterway Recovery Project (Project No.
60238), between the Department of Environmental Protection, and Collier County.
OBJECTIVE: To extend the Department of Environmental Protection grant Agreement LPA0008 for
the Plantation Island Hurricane Irma Waterway Recovery Project to allow additional time to complete
the project.
CONSIDERATIONS: Plantation Island is a census -designated rural community located southeast of
Everglades City in Collier County with approximately two miles of man-made and natural waterways.
The waterways serve as stormwater conveyance and some navigability to the Barron River and
neighboring tidal waters. In 2017, the severe winds and storm surges of Hurricane Irma deposited heavy
amounts of vegetative debris and silt throughout the canal system leading to degradation of the water
quality, and usable condition of the waterways of the community. The Florida State Legislature
appropriated funding through House Bill 3187 in FY2019-20 budget for pre -design and environmental
evaluation studies to assess the structural and ecological conditions of the canals to determine the best
course of action for prioritized restoration of the waterways.
On October 23, 2018 (item II.A.1), Collier County Board of County Commissioners approved the
submittal of an Appropriations Project Request for $500,000 to the Florida Legislature during the 2019-
2020 session for the Collier County Plantation Island Hurricane Irma Waterway Recovery Project. On
July 10, 2019, the County received notice that $312,500 had been included in the State's budget for this
project. The Florida Department of Environmental Protection (FDEP) has provided Agreement No.
LPA0008 to expend these appropriated funds. Funding will be used to perform a Pre -Design Study and
Environmental Evaluation Study to develop a restoration plan for the Plantation Island Waterways.
On October 22, 2019 (Item 16.A.5), the Board approved Agreement No. LPA0008 with the Florida
Department of Environmental Protection (FDEP) for the Collier County Plantation Island Hurricane
Irma Waterway Recovery Project in the amount of $312,500.
The First Amendment will have the following changes: The Reimbursement period changes from
December 31, 2021 to December 21, 2023. Section 6. of the Agreement updated the Grant manager and
Grantee's Grant's managers contact information. Attachment 3-1, Revised Grant Work Plan, is replaced
with Attachment 3-2, Revised Grant Work Plan. Exhibit A, Progress Report Form, is deleted and is
replaced with Exhibit A-1, Revised Progress Report Form.
Staff pursued an After -the -Fact request due to the holiday schedule and FDEP advisory of time needed to
execute the amendment prior to the expiration date of December 31, 2021. Collier County CMA No.
5330 authorizes the County Manager to approve grant amendments with subsequent Board of County
Commissioners action at the next available Board meeting to ratify the approval as "After -the -Fact."
FISCAL IMPACT: There are no additional fiscal impacts associated with the approval of these
Amendments. Costs for preliminary design total $423,404. Funds in the amount of $312,500 and
$110,904 have been encumbered within Growth Management Grants Fund 711 and Stormwater Capital
Improvement Fund 325, Project 60238 respectively. Source of funds are FDEP Grant and transfers from
the General Fund (001) and Unincorporated Area General Fund (111).
Packet Pg. 1323
16.A.32
12/14/2021
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact caused by these
Amendments
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as
to form and legality and requires majority vote for approval. -JAK
RECOMMENDATION: Recommendation to approve contract amendments to the Department of
Environmental Protection Agreement LPA0008 Plantation Island Hurricane Irma Waterway Recovery
Project (Project No.60238).
Prepared By: Brittany Lazo, Project Manager, Capital Project Planning, Impact Fees and Program
Management Division
ATTACHMENT(S)
1. CM MEMO 2021 11-23 FDEP LPA008.001 ATF 22-003 (PDF)
2. LPA0008 - Executed Amendment 1 (PDF)
Packet Pg. 1324
16.A.32
12/14/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.32
Doe ID: 20625
Item Summary: Recommendation to provide "After -the -Fact" approval of the grant amendments
for Agreement No. LPA0008 for the Plantation Island Hurricane Irma Waterway Recovery Project
(Project No. 60238), between the Department of Environmental Protection, and Collier County. There is
no fiscal impact associated with this application or designation.
Meeting Date: 12/14/2021
Prepared by:
Title: — Capital Project Planning, Impact Fees, and Program Management
Name: Nadine Dunham
11/18/2021 10:08 AM
Submitted by:
Title: Director — Capital Project Planning, Impact Fees, and Program Management
Name: Matthew McLean
11/18/2021 10:08 AM
Approved By:
Review:
Growth Management Department
Michael Cox
Additional Reviewer
Growth Management Department
Michael Cox
Additional Reviewer
Growth Management Department
Lissett DeLaRosa
Growth Management Department
Capital Project Planning, Impact Fees, and Program Management
Matthew McLean
Procurement Services
Nadine Dunham
Additional Reviewer
Capital Project Planning, Impact Fees, and Program Management
Ian Barnwell
County Attorney's Office
Scott Teach
Level 2 Attorney Review
Growth Management Department
Trinity Scott
Transportation
Grants
Valerie Fleming
Level 2 Grants Review
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Office of Management and Budget
Susan Usher
Additional Reviewer
Grants
Therese Stanley
Additional Reviewer
County Manager's Office
Amy Patterson
Level 4 County Manager Review
Board of County Commissioners
Geoffrey Willig
Meeting Pending
Skipped
11/18/2021 10:07 AM
Skipped
11/18/2021 10:07 AM
Completed
11/18/2021 10:10 AM
Additional Reviewer Completed
Skipped
11/18/2021 10:55 AM
Additional Reviewer Completed
Completed
11/24/2021 10:11 AM
Completed
11/29/2021 8:34 AM
Completed
11/29/2021 10:01 AM
Completed
11/29/2021 10:16 AM
Completed
11/29/2021 2:21 PM
Completed
12/04/2021 5:04 PM
Completed
12/06/2021 6:14 PM
Completed
12/07/2021 9:54 AM
12/14/2021 9:00 AM
Packet Pg. 1325
16.A.32.a
Co ,e7r COUHty
Office of Management & Budget
TO: Mark Isackson, County Manager
CC: Trinity Scott — Deputy Department Head
Growth Management Department
Matthew McLean
Division Director — Capital Project Planning,
Impact Fees and Program Management
FROM: Therese Stanley
Manager — OMB Grants Compliance
DATE- November 23, 2021
Grant Applicffeo_r
Reviewed and Approved by
County Man e. -
County Manager
t%-'L3. z, date
After -the -Fact Approval by the BCC is required at
the December 14, 2021 BCC meeting
RE: County Manager review and approval to execute the Florida Department of
Environmental Protection (FDEP) Grant Amendment No. 1 for LPA0008 Plantation
Island Hurricane Irma Waterway Recovery Project (ATF 22-003)
FDEP has provided funding for the Plantation Island Hurricane Irma Waterway Recovery Project
under Agreement LPA0008 as approved by the Board on October 22, 2019. The funding
agreement provides for reimbursement of eligible expenses, up to a maximum of three hundred
twelve thousand five hundred dollars ($312,500).
The project is ongoing but due to several unanticipated delays in the estimated schedule of
completion, the December 31, 2021 deadline will not be met. Staff initiated discussions with
FDEP regarding the delays and new terms. As a result, Amendment No. 1 has been issued to
extend the completion date of the project to June 30, 2023 with the overall agreement expiration
extended to December 31, 2023 as well as update to the work plan and point of contacts.
Staff received the amendment from FDEP on November 4, 2021. Due to the upcoming holidays
and FDEP advisement of time constraints needed to execute the amendment prior to expiration
of December 31, 2021, we are asking for your approval to execute the amendment followed by
an After -the -Fact approval by the Board of County Commissioners at the December 14, 2021
Board meeting.
Once you have reviewed the amendment, please sign in the box above and in the areas marked
throughout the application and call me for pickup at 239-252-2959.
Thank you, and please let me know if you have any questions regarding this request.
3299 Tamiami Trail East, Suite 201 - Naples, Florida 34112-5746 • 239-252-8973 - FAX 239.252-8828
Packet Pg. 1326
16.A.32.b
AMENDMENT NO. 1
TO AGREEMENT NO. LPA0008
BETWEEN
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
AND
COLLIER COUNTY
This Amendment to Agreement No. LPA0008 (Agreement) is made by and between the Department of
Environmental Protection (Department), an agency of the State of Florida, and Collier County (Grantee), on the date
last signed below.
WHEREAS, the Department entered into the Agreement with the Grantee for the Collier County Plantation Island
Hurricane Irma Waterway Recovery Project (Project), effective November 14, 2019; and,
WHEREAS, the Grantee has requested an update to the scope of work and an extension of the Agreement to allow
for the processing of the final payment requests; and,
WHEREAS, the parties wish to amend the Agreement as set forth herein, to allow for language updates and,
WHEREAS, certain provisions of the Agreement need revision.
NOW THEREFORE, the parties agree as follows:
1. The Agreement is effective until December 31, 2023. The reimbursement period for this Agreement begins
on July 1, 2019 and ends at the expiration of the Agreement. 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 6. of the Agreement is deleted and replaced as follows:
The Grant Managers for this Agreement are identified below:
Department's Grant Manager Grantee's Grant Manager
Name: Mary -Elizabeth Parker Name: Lisa Abatemarco
Address: FL Department of Environmental Protection Address: Collier County BOCC
3900 Commonwealth Blvd., MS3602 2885 South Horseshoe Drive
Tallahassee, Florida 32399-3000 Naples, Florida 34104
Phone: (850) 245-2818 Phone: (239) 252-5188
Email Mary.E.Parker@FloridaDEP.gov Email: Lisa.Abatemarco@CollierCountyFL.gov
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 3-1 shall hereinafter refer to Attachment
3-2, Revised Grant Work Plan.
Exhibit A, Progress Report Form, is hereby deleted in its entirety and replaced with Exhibit A-1,
Revised Progress Report Form, attached hereto and made a part of the Agreement. All references in the
Agreement to Exhibit A, shall hereinafter refer to Exhibit A-1, Progress Report Form.
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.
DEP Agreement No. LPA0008, Amendment No. 1, Page 1 of 2
Packet Pg. 1327
16.A.32.b
The parties agree to the terns and conditions of this Amendment and have duly authorized their respective
representatives to sign it on the dates indicated below
COLLIER COU
By:
of County Commissioners
Mark Isackson, County Manager
Print Name of Authorized Representative
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
Digitally signed by Trina
n Trina Vielhauer Vielhauer
U y : Date: 2021.11.24 06:51:45-05'00'
Secretary or Designee
_ Trina Vielhauer. Director_
Print Name and Title of Authorized Person
Date: Date: November 24, 2021
A ro c a forrr ifffle ali
PP ty marv6E et arker. DEP Grant Manager
/�1 } Digitally signed by Sandra Waters
Sandra � • ��t� a `e r5 Date: 2021.11.23 16:03:15-05'00'
Jeffrey A la > ko , County Attorney
Sandra Waters, DEP QC Reviewer
List of attachments; exhibits included as part of this Amendment:
Specify Type: Letter' Number: Description (include number of pages):
Attachment 3-2 Revised Grant Work Plan 2 Pages)
Fxhibit A-1 Revised Progress Report Form (1 Page)
DEP Agreement No. LPA0008, Amendment No. 1, Pagc 2 of 2
Packet Pg. 1328
16.A.32.b
ATTACHMENT 3-2
REVISED GRANT WORK PLAN
PROJECT TITLE: Collier County Plantation Island Hurricane Irma Waterway Recovery Project
PROJECT LOCATION: The Project will be located in the Plantation Island waterways within Collier
County; Lat/Long (25.8471,-81.3713).
PROJECT BACKGROUND: Plantation Island is a census -designated place located within Collier
County, which has 2.5 miles of man-made canals. In 2017, Hurricane Irma deposited debris (including silt)
throughout the canal system of the Plantation Island waterways that have impacted water quality and the
usable condition of the canals. Collier County (Grantee) has prioritized restoration of the canal system and
has identified the need for conducting pre -design studies to evaluate the structural and ecological conditions
of the canal system, and to determine cost estimates for future phases for the project.
PROJECT DESCRIPTION: The Grantee will perform a Pre -design study and an Environmental
evaluation study to develop a restoration plane for the Plantation Island waterways. See below for detailed
description of the studies.
The Pre -Design Study will include: Surveys for establishing baselines within the canal system; surveying
of the top, toe of slope, and bottom widths of canal banks; obtaining canal cross-section for approximately
every 100 feet and at all canal intersections; surveying of existing mangrove edges; bathymetric surveying
to measure the depths and features of the canal floor; and obtaining approximately two (2) soil borings
within each canal to determine sedimentation depths. The study will also assess the preliminary design
configuration of the restored waterways, estimate the quantities of debris to be removed, and develop cost
estimations for the project's restoration activities.
The environmental evaluation study will include vegetative mapping; surveying of fish and wildlife within
the canal system; a benthic survey; and evaluating the presence of seagrasses and oyster beds within the
canal system An overall environmental assessment of the project area will be performed to determine the
environmental permitting requirements for the project.
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.
Task 1: Pre-DesiLyn Studv
Deliverables: The Grantee will perform a pre -design study of canal surveying, mapping and preliminary
engineering within the Plantation Island waterways. The Grantee will produce a pre -design report that will
detail the scope of the problem in the analysis area, outline design options, and identify the tasks required
to complete a resolution to the problem.
Documentation: The Grantee will submit the final pre -design report.
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. LPA0008, Attachment 3-2, Page 1 of 2
Packet Pg. 1329
16.A.32.b
Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement following
the conclusion of the task.
Task 2: Environmental Evaluation Study
Deliverables: The Grantee will perform an environmental evaluation study and produce a report that will
detail the existing fish, vegetation, and wildlife that inhabit the canal system of the Plantation Island
waterways. The report will assess the potential environmental benefits and impacts of the restoration
project.
Documentation: The Grantee will submit the final Environmental Evaluation Study report.
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 following
the conclusion of the task.
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
No.
Category
Amount
Date
Date
1
Pre -Design Study
Contractual
$209,375.00
07/01/2019
06/30/2023
Services
2
Environmental Evaluation
Contractual
$103,125.00
07/01/2019
06/30/2023
Study
Services
Total:
$312,500.00
Note that, per Section 8.h. of Attachment 1, 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. LPA0008, Attachment 3-2, Page 2 of 2
Packet Pg. 1330
16.A.32.b
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Revised Progress Report Form
DEP Agreement No.:
LPA0008
Project Title:
Plantation Island Hurricane Irma Waterway Recovery Project
Grantee Name:
Collier County
Grantee Address:
3299 Tamiami Trail East, Suite 303, Naples, FL 34112
Grantee's Grant Manager:
Lisa Abatemarco
Reporting Period:
MM/YYYY — MM/YYYY
Provide the following information for all tasks identified in the Grant Work Plan:
Summarize the work completed within each task for the reporting period. Provide an update on the estimated
completion date for each task and an explanation for any anticipated delays or problems encountered. Add or
remove task sections and use as many pages as necessary to cover all tasks. Use the format provided below.
Task 1: Pre -Design Study
• Progress for this reporting period:
• Identify any delays or problems encountered:
Task 2: Environmental Evaluation Study
• Progress for this reporting period:
• Identify any delays or problems encountered:
Indicate the completion status for the following tasks (if included in the Grant Work Plan):
• Design (Plans/Submittal): 30% ❑, 60% ❑, 90% ❑, 100% ❑
This report is submitted in accordance with the reporting requirements of the above DEP Agreement number
and accurately reflects the activities associated with the project.
Signature of Grantee's Grant Manager
Exhibit A-1, Page 1 of 1
Date
Packet Pg. 1331