SUBJECT
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Approve Amendment #1 to Standard Grant Agreement # 22SRP74 with the State of Florida Department of Environmental Protection (FDEP) to provide funding for the Polk County Parks and Natural Resources Ridge to River Protection of Critical Assets project (no fiscal impact).
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DESCRIPTION
The Kissimmee River Watershed, in Polk County is the headwaters of the Everglades and Lake Okeechobee. Recently several waterbodies, such as Lake Marion, was assigned Total Maximum Daily Loads (TMDL) standards for nutrients, by the FDEP. This triggers the need to address current water quality issues and identify projects that can reduce nutrient loading and improve the water quality. An evaluation of this watershed identified several high priority project areas, one was the eastern shore of Lake Marion.
In response to that evaluation, Polk County submitted an application called “Ridge to River Protection of Critical Assets” to the State’s Resiliency Implementation Grant cycle in 2021. As part of implementing resiliency efforts, the state awarded Polk County funding to acquire an approximately 600-acre tract of land. The goals of the project are to protect lake front, manage a living shoreline of vegetation, prevent future septic seepage, reduce nutrient loading into the lake, and provide resiliency from extreme weather events for flood protection.
Through a fully executed agreement, effective December 19, 2022, FDEP awarded Polk County with $3,000,000 towards the acquisition of the project. Matching funds, in the amount of $3,000,000 are provided through partnership funding and the stormwater MSTU. The County recently received a request from FDEP to execute Amendment #1, due to recent Office of General Counsel and Program updates. Bulleted below is an overview of the updates. There are no changes to the amount of the agreement.
Overview of updates included in Amendment:
• Attachment 1, Standard Terms and Conditions
o Updates to the links in 8(d) and 8(i)
• Attachment 2, Special Terms and Conditions
o Update to the project title
o Reimbursement period updated to begin on July 1, 2022
o Update to the match language
o Include 5% retainage
o Common Carrier language added
o SLIP Study language relocated to Attachment 6
• Attachment 3, Grant Work Plan
o Update to the project title
o Formatting of the deliverables updated into bullet point format. Deliverable language remains the same.
o Performance Measures language updated to define partial, full, incomplete deliverables and remove Exhibit A, Progress Report Form being accepted as an interim deliverable.
o Payment Request Schedule language updated to remove acceptance interim payments.
• Attachment 5, Special Audit Requirements
o Updated link under #4 in Part 1: Federally Funded
o Updated link in last paragraph on page 6.
• Attachment 6. Program Specific Requirements
o Sea Level Impact Projection Study Requirement added as #1 (formerly located in Attachment 2)
o Additional Documentation for Contractual Costs (formerly #3) replaced with Contractual Services (#9)
o Items 10 through 12 added
• Exhibit A, Progress Report Form
o Updated to linked website version which will always be the most recent version.
• Exhibit F, Final Report
o Minor language edits made so the Department could combine the planning and implementation version of the templates.
• Exhibit J, Common Carrier Attestation
o This Exhibit is now required for the Grant Agreement and the Exhibit needs to be sent back to the Department after execution. Please return this form within thirty (30) days following full execution.
Approval this Amendment #1 will allow the County to submit an invoice to FDEP for reimbursement as this project nearing completion.
The project has been approved by the Stormwater Technical Advisory Committee (STAC).
RECOMMENDATION
Approve Amendment #1 to Standard Grant Agreement # 22SRP74 with the State of Florida Department of Environmental Protection (FDEP) to provide funding for the Polk County Parks and Natural Resources Ridge to River Protection of Critical Assets project.
FISCAL IMPACT
No fiscal impact.
CONTACT INFORMATION
Tabitha Biehl, Land and Water Natural Areas Manager
Parks and Natural Resources Division
(863) 534-7377
tabithabiehl@polk-county.net <mailto:tabithabiehl@polk-county.net>