1st Amendment 01/17/2018l V z co R�l
� Kevin Madok CPA
Clerk of the Circuit Court & Comptroller — Monroe Count
p Y, Florida
DATE: January 24, 2018
TO: Jaclyn Carnago
County Attorney's Office
FROM: Pamela Hancock, D.C.
SUBJECT: January 17 BOCC Meeting
Attached is an electronic copy of Item I7, an amendment to Agreement for Professional
Services between Bender Consulting Services, Inc. and Monroe County related to review and
public presentations of new Flood Zone Mapping, changing term from October 19, 2016 —
October 19, 2017 to end date of December 31, 2020, for your handling.
Should you have any questions, please feel free to contact me at extension 3130.
cc: County Attorney
Finance
File
KEY WEST
500 Whitehead Street
Key West, Florida 33040
305 - 294 -4641
MARATHON
3117 Overseas Highway
Marathon, Florida 33050
305 - 289 -6027
PLANTATION KEY
88820 Overseas Highway
Plantation Key, Florida 33070
305- 852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305 -852 -7145
c.
AMENDMENT NO.1 TO
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN
BENDER CONSULTING SERVICES, INC., and
MONROE COUNTY
THIS AMENDMENT NO.1 TO AGREEMENT is made and entered into this I I +k (Day) of
0 nUa Month), between the Monroe County Board of County Commissioners (hereinafter
"County" or "BOCC ") and Bender Consulting Services, Inc. (hereinafter "Consultant ").
WITNESSETH:
WHEREAS, on October 19, 2016, the parties entered into an Agreement to perform on -call
professional outreach support services for County - related flood mapping and other projects,
including on -call outreach, technical, and training support relating to federal legislation on the
National Flood Insurance Program, the Homeowners Flood Insurance Affordability Act, the
Biggert- Waters Flood Insurance Reform Act of 2012, and flood insurance, with a date of
completion of October 19, 2017; and
WHEREAS, the Agreement, at Section 3., provides that the County and Consultant may modify
said Agreement pursuant to the parties' mutual consent in writing, and further provides that the
parties have the option to renew said Agreement; and
WHEREAS, the Agreement, at Section 3., provides that any such modification and /or renewal
shall be performed in accordance with schedules of performance mutually- agreed to by and
between the County and the Consultant; and
WHEREAS, the County recognizes the public benefit of continuing such service(s); and
WHEREAS, the County and the Consultant desire to retroactively modify, and renew, said
Agreement;
NOW, THEREFORE, in consideration of the mutual covenants and obligations contained
herein, and other good and valuable consideration, the receipt and adequacy of which are
hereby acknowledged, the undersigned parties agree as follows:
1. The recitals contained herein are true and correct and are hereby incorporated as if fully
set forth herein.
2. The original Agreement (hereinafter the or this "Agreement') between the parties is
made a legally effective part of this First Amendment, except as expressly amended
under this Amendment No. 1 and Amendment No. 1's revised Scope of Services
attached hereto as Exhibit "A."
3. Section 3. of the Agreement is hereby amended to read as follows:
Section 3. EFFECTIVE DATE(S) AND TERM
The effective date of this Agreement shall be retroactive to October 19, 2017, services
to be rendered by the Consultant shall be commenced upon that effective date, and the
work contemplated herein shall be completed in accordance the schedule shown in
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Exhibit "A." to this Amended Agreement, and shall be completed no later than
December 31, 2020, unless it shall be modified in a signed document by the mutual
consent of the County and Consultant. Subsequent services shall be performed in
accordance with schedules of performance which shall be mutually agreed to by the
County and Consultant. The County, through its Assistant County Administrator, shall
have the authority to amend this schedule.
4. Section 4. of the Agreement is hereby amended to read as follows:
4.1 The maximum compensation available to the Consultant under this Agreement is
based on the activities detailed in the Scope of Services. The County agrees to pay
the Consultant based on completion of work within the Scope of Services according
to the deliverables detailed in the Scope of Services.
4.2 Compensation shall be paid by specific assignment/engagement completed which
both falls under authorized Tasks 1 or 2 on Exhibit "A." to this Agreement and is /are
deemed satisfactory by the Contract Manager. Any additional services included in
Tasks 1 through 2 on said Exhibit "A." must be authorized by the Board of County
Commissioners.
4.3 The total not -to- exceed cost for providing the services contained in Tasks 1
through Task 2 is $24,999.99. There shall be no reimbursable items.
5. Section 5.4 of the Agreement is hereby amended to read as follows:
5.4 Invoice Schedule To the end of Paragraph 5.3 above, the first monthly invoice
reflecting such completed tasks shall be due no later than March 3, 2018 (45 days
after BOCC approval of this Agreement), the second monthly invoice reflecting such
completed tasks shall be due no later than April 17, 2018 (90 days after BOCC
approval of this Agreement), the third monthly invoice reflecting such completed
tasks shall be due no later than June 1, 2018 (135 days after BOCC approval of this
Agreement), the fourth monthly invoice reflecting such completed tasks shall be due
no later than July 16, 2018 (180 days after BOCC approval of this Agreement), the
fifth monthly invoice reflecting such completed tasks shall be due no later than
August 30, 2018 (225 days after BOCC approval of this Agreement), the sixth
monthly invoice reflecting such completed tasks shall be due no later than October
14, 2018 (270 days after BOCC approval of this Agreement), the seventh monthly
invoice reflecting such completed tasks shall be due no later than November 28,
2018 (315 days after BOCC approval of this Agreement), et cetera. This invoice
schedule may, however, be revised pursuant to the election of the parties to do so by
their mutual written agreement. Pursuant to the written permission and written
directive of the County's Contract Manager to the Consultant, the Consultant may
provide invoices by e-mail.
6. Section 23. of the Agreement is hereby amended to read as follows:
Section 23. PUBLIC ACCESS
The Consultant is a "contractor' as defined in Section 119.0701(1)(a), Florida Statutes
(2017) and shall:
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(1) Keep and maintain public records required by the County to perform the service(s).
(2) Upon request, provide the County with a copy of requested public records or allow
the public records to be inspected or copied within a reasonable time at a cost that
does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise
provided by law.
(3) A contractor who fails to provide the public records to the County within a reasonable
time may be subject to penalties under Chapter 119, Florida Statutes.
(4) The consultant shall ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as
authorized by law for the duration of the amended Agreement's term and following
completion of the amended Agreement if the Consultant does not transfer the public
records to the County.
(5) Upon completion of the amended Agreement, transfer, at no cost, to the County all
public records in possession of the Consultant or keep and maintain public records.
required by the County to perform the service. If the Consultant transfers all public
records to the County upon completion of the amended Agreement's term, the
Consultant shall destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. If the Consultant keeps and
maintains public records upon completion of the amended Agreement, the
Consultant shall meet all applicable requirements for retaining public records, All
public records stored electronically must be provided to the County, upon request
from the County's custodian of public records, in a format specified by the County as
compatible with the information technology systems of the County. These formatting
requirements are satisfied by using the data formats as authorized in the amended
Agreement or Microsoft Word, Outlook, Adobe, or Excel, and any software formats
the Consultant is authorized to access.
(6) IF THE CONTRACTOR (I.E., THE CONSULTANT) HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S (I.E., THE CONSULTANT'S) DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THE AMENDED AGREEMENT, CONTACT THE
COUNTY'S CUSTODIAN OF PUBLIC RECORDS AT:
E -Mail Bradley- Brian@MonroeCounty- FL.gov
Address 1111 12"' Street, Suite 408, Key West, FL 33040
Telephone 305 - 292 -3470
Telefax 305- 292 -3516
7. Section 37. of the Agreement is hereby amended as follows:
Section 37. EFFECTIVE DATES
This Agreement shall take effect retroactive to October 19th, 2017, and shall terminate
on December 31st, 2020.
8. The prior Scope of Services is hereby amended pursuant to that certain Scope of
Services attached hereto as Exhibit "A." The prior Scope of Services is no longer of
any legal force or effect, and only the Scope of Services attached hereto shall be govern
and be legally effective.
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the
1 (Day) of (Month) 20
IN MADOK, CLERK
COUNTY, FLORIDA
Deputy Clerk
BENDER CONSULTING SERVICES, INC.
Print Name ruse A
Signature:
Title: Senior Vice Preside
Witness No. 1:
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(Print Name) LAN.&(, I�cctly�
Witness No. 1:
1�04 \ �A
(Signet e} tq\, t,I,N` cols -aer
STATE OF Pa Zma
MONROE COUNTY
BOARD OF OUN �COM SIGNERS
By:
Mayor David R u
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM
IF �-
PETER MORRIS
ASSISTANT U TTORNEY
Date: f�
Witness No. 2:
(Print Name)
r C:)
COUNTY OF r C2a
On this C day of It ola, before me, the undersigned notary public, personally
appeared 1-fi >! tQ_ k4,e Af- who states he is authorized to
execute this docurnent, and is known to me to be the person whose name is subscribed above
or who produced ly as identification, and acknowledged that he is the
person who executed the document above for the purposes therein contained.
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Ashley Sailejos e
Notary Public i
Maricopa County, Arizone,
e 1 My Comm. Expires 12- 2.9 -211f
(Seal)
4 of 8
Witness No. 2:
(Signature) o_
c
.,:;o
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n
r C:)
COUNTY OF r C2a
On this C day of It ola, before me, the undersigned notary public, personally
appeared 1-fi >! tQ_ k4,e Af- who states he is authorized to
execute this docurnent, and is known to me to be the person whose name is subscribed above
or who produced ly as identification, and acknowledged that he is the
person who executed the document above for the purposes therein contained.
O` �Nl fl
Ashley Sailejos e
Notary Public i
Maricopa County, Arizone,
e 1 My Comm. Expires 12- 2.9 -211f
(Seal)
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EXHIBIT "A"
SCOPE OF SERVICES
Clear Statement of Public Purpose Bender Consulting Services, Inc. (hereinafter "CONSULTANT")
proposes entering into a fixed - price, not -to- exceed contract with Monroe County (hereinafter "COUNTY')
of $24,999.99, to provide outreach, training, and technical support to the COUNTY and its mapping
contractor(s) concerning FEMA's implementation of NFIP reform legislation, federal legislation on the
National Flood Insurance Program, the Homeowners Flood Insurance Affordability Act, the Biggert-
Waters Flood Insurance Reform Act of 2012, anticipated future changes to the federal flood insurance
program, and County training and outreach efforts directed at the COUNTY'S Physical Map Revisions
(PMRs) and coastal re- mapping and the insurance implications of these the collective public purpose
and goal of these being to assist and educate stakeholders and the public in understanding these and
the corresponding changes of these to insurance thereto.
The text underlined in the immediately foregoing sentence shall hereafter be referred to as the subject
matter" of this Scope of Services.
The CONSULTANT shall u provide outreach, training, and technical support to the COUNTY regarding
the subject matter of this Scope of Services and the corresponding anticipated future changes these may
or will have on flood insurance costs, requirements, and stakeholder options in response thereto, and
shall be the lead outreach support specialist and the lead insurance specialist regarding the subject
matter of this Scope of Services, both ID and (2) being subject to further clarification, refinement, and
specific direction of the COUNTY pursuant to the express written directive of the COUNTY'S Contract
Manager to the CONSULTANT.
Scope of Work Bender Consulting Services, Inc. (hereinafter "CONSULTANT ") proposes entering into
a fixed price, not -to- exceed agreement with Monroe County (hereinafter "COUNTY ") of $24.999.99 to
assist in providing on -call professional outreach, training, and technical support services to the COUNTY
regarding the subject matter of this Scope of Services from October 19, 2017 — December 31, 2020
(a/k/a effective date of this Agreement).
CONSULTANT'S duties and responsibilities to the COUNTY shall comprise the following tasks:
Task No.1 - Physical Map Revision (PMR) or Mapping Study Outreach, Training, and
Technical Support The CONSULTANT shall, for each Physical Map Revision (PMR) and
Mapping Study relating to the subject matter of this Scope of Services, furnish to the COUNTY
and the COUNTY'S later- designated (in writing by COUNTY) mapping contractor on -call advice,
feedback, and recommendations to the COUNTY and its mapping contractor concerning said
PMR and Mapping Study(ies) relating to the subject matter of this Scope of Services, formulated
in order to identify and evaluate issues and solutions related to the subject matter of this Scope of
Services for the benefit of stakeholders and the public, and to generate recommended solutions
thereto for the benefit of stakeholders and the public.
1 Workshops Pursuant to the written directive of the COUNTY'S Contract Manager to the
CONSULTANT, the CONSULTANT shall deliver to the COUNTY workshops to educate and
inform stakeholders and the public regarding the subject matter of this Scope of Services.
Unless otherwise directed in writing by the COUNTY'S Contract Manager, the CONSULTANT
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shall physically attend and be the lead and primary presenter at such workshop(s). Such
workshops shall be held in the Florida Keys of Monroe County, Florida, in accordance with
date(s), time(s), and location(s) chosen pursuant to the express written directive of the
COUNTY'S Contract Manager, in consultation with the CONSULTANT.
1.2 Non - Workshop Monroe County Public Meetings Pursuant to the written directive of the
COUNTY'S Contract Manager to the CONSULTANT, the CONSULTANT shall physically
attend public meetings of the Monroe County Board of County Commissioners (hereinafter
"BOCC "), and other meetings falling under the auspices of the constitutional office of the
BOCC, to educate and inform stakeholders and the public regarding the subject matter of this
Scope of Services. Unless otherwise directed in writing by the COUNTY'S Contract Manager,
the CONSULTANT shall be the lead and primary presenter regarding the subject matter of
this Scope of Services at such non - workshop public meetings.
3 Supplementary Assistance Supplementing the lead /primary duties and responsibilities
outlined at Paragraphs 1.1 and 1.2 above, the CONSULTANT shall also, unless otherwise
directed by the COUNTY'S Contract Manager, render assistance COUNTY staff and the
COUNTY'S mapping contractor in their preparation of their own presentations in relation to
Paragraphs 1.1 and 1.2 above, including relevant, data, documents, handouts, and other
similar materials thereto.
1.4 Joint Nature of Specific Assignment Selection(s) and Compensation Thereto The
COUNTY, through its Contract Manager, and the CONSULTANT, shall jointly determine the
specific assignment(s) /engagement(s) and cost(s) corresponding to each such specific
assignment(s) /engagement(s) that the CONSULTANT shall undertake pursuant to the
foregoing Agreement and this Scope of Services.
The CONSULTANT shall only pursue and complete specific assignments) /engagement(s)
when M the CONSULTANT has received express written direction to do so from the
COUNTY'S Contract Manager, (2) the CONSULTANT and the COUNTY, through its Contract
Manager in consultation with the Assistant County Attorney(s) assigned /dedicated to the
Contract Manager, have mutually agreed in writing upon a not -to- exceed price corresponding
to a specific assignment/engagement, and IM such specific task(s) does /do not eclipse the
$24,999.99 not -to- exceed amount of this Agreement and Scope of Services herein.
It is the mutual responsibility of the COUNTY'S Contract Manager and the CONSULTANT to
document these three (3) conditions precedent to the CONSULTANT'S pursuit and
completion of each such specific assignment(s) /engagement(s).
1.5 The manner in which work is distributed between the CONSULTANT, COUNTY staff, and the
COUNTY'S mapping contractor required to complete this Task No. 1 , and the deeming of the
CONSULTANT'S satisfactory completion of this Task No. 1 , the latter of which is hereby
expressly recognized to be a condition precedent to CONSULTANT'S completion of this Task
No. 1 under this Agreement and the COUNTY'S compensation thereto, are all hereby
exclusively reserved to the express written decree of the COUNTY'S Contract Manager to the
CONSULTANT.
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2. Task No. 2 — NFIP Reform Legislation Outreach, Training, and Technical Support It is
anticipated that as FEMA implements current and anticipated future legislation regarding the
subject matter of this Scope of Services, that this /these will likely result in impacts to Monroe
County stakeholders and the Monroe County public, including but not limited to the mapping of
older buildings and structures being mapped into higher risks. Given the meaningful number of
older homes and structures in Monroe County, and given that several projects to map Monroe
County for purposes related to the subject matter of this Scope of Services are currently ongoing
or have recently completed, it is essential that property owners are adequately informed of the
impact(s) of this /these and their future options to financially and structurally manage and mitigate
this /these impact(s).
As such, the CONSULTANT shall furnish on -call advice, feedback, and recommendations to the
COUNTY and its mapping consultant relating to the more general subject matter of this Task No.
2, as it relates to the subject matter of this Agreement as described at this Scope of Service's
foregoing Clear Statement of Public Purpose formulated in order to identify and evaluate
issues and solutions related to said subject matter for the benefit of such stakeholders and the
public, and to generate recommended solutions thereto for the benefit of stakeholders and the.
public.
2.1 Joint Nature of Specific Assignment Selection(s) and Compensation Thereto The
COUNTY, through its Contract Manager, and the CONSULTANT, shall jointly determine the
specific assignment(s) /engagement(s) and cost(s) corresponding to each such specific
assignment(s) /engagement(s) that the CONSULTANT shall undertake pursuant to the
foregoing Agreement and this Scope of Services.
The CONSULTANT shall only pursue and complete specific assignment(s) /engagement(s)
when M the CONSULTANT has received express written direction to do so from the
COUNTY'S Contract Manager, u the CONSULTANT and the COUNTY, through its Contract
Manager in consultation with the Assistant County Attorney(s) assigned /dedicated to the
Contract Manager, have mutually agreed in writing upon a not -to- exceed price corresponding
to a specific assignment/engagement, and IM such specific task(s) does /do not eclipse the
$24,999.99 not -to- exceed amount of this Agreement and Scope of Services herein.
It is the mutual responsibility of the COUNTY'S Contract Manager and the CONSULTANT to
document these three (3) conditions precedent to the CONSULTANT'S pursuit and
completion of each such speck assignment(s) /engagement(s).
2.2 The manner in which work is distributed between the CONSULTANT, COUNTY staff, and the
COUNTY'S mapping contractor required to complete this Task No. 2 , and the deeming of the
CONSULTANT'S satisfactory completion of this Task No. 2 , the latter of which is hereby
expressly recognized to be a condition precedent to CONSULTANT'S completion of this Task
No. 2 under this Agreement and the COUNTY'S compensation thereto, are all hereby
exclusively reserved to the express written decree of the COUNTY'S Contract Manager to the
CONSULTANT.
CONSULTATION WITH COUNTY REQUIRED The CONSULTANT shall, at least five (5) days prior to
the presentation of any of its work - product pursuant to an authorized specific assignment/engagement
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under Task No. 1 or Task No. 2 above, provide the COUNTY, via the COUNTY Contract Manager, with
all materials to be relied upon and /or presented at such specific assign ment/engagement. The COUNTY
Contract Manager, the COUNTY'S mapping contractor, and COUNTY staff shall review the draft
materials, and provide the CONSULTANT with a set of consolidated written comments on the draft.
Subsequently, at the express written directive of the COUNTY Contract Manager, the CONSULTANT
and the COUNTY may conduct conference call(s) to discuss said comments and reach consensus
regarding revisions to the draft materials. The CONSULTANT shall then make such mutually agreed -
upon revisions at least three (3) days prior to the presentation of any such work- product, and submit a
Final Draft of those final revised materials to the COUNTY Contract Manager, whom shall disseminate
those final materials to the COUNTY'S mapping contractor and COUNTY staff, as the Manager deems
relevant and appropriate.
Estimated Cost & Budget CONSULTANT's all- inclusive daily rate for professional facilitation services
for this project is calculated at a rate of $220.00 per hour. This rate includes professional facilitation staff
time, support staff time, task expenses and overhead, travel - related expenses, and indirect costs
charged by the CONSULTANT. This mutually agreed -upon hourly rate may be amended pursuant to the
mutual written agreement of the CONSULTANT and the COUNTY Contract Manager (on behalf of the
COUNTY), the latter of (COUNTY Contract Manager) which must consult with his /her
assigned /dedicated Assistant County Attorney(s) prior to so mutually agreeing in writing to amend this
hourly rate. In no event may the COUNTY Contract Manager and the CONSULTANT mutually agree to
amend the foregoing Agreement or this Scope of Services, or otherwise enter into a subsequent
agreement relating to this Agreement, in a manner that deigns to compensate the CONSULTANT in
excess of this Agreement's and Scope of Services' not -to- exceed amount of $24,999.99; the parties
hereby agree that any such amendment or agreement shall be considered void ab initio.
TOTAL NOT -TO- EXCEED COSTS, BY TASK
Tasks
1. Physical Map Revision (PMR) or Mapping Study,
Outreach Training, and Technical Support
2. NFIP Reform Legislation Outreach, Training,
and Technical Support
Total Not -to- Exceed Cost $24,999.99
Time Cost
Hourly Rate $220.00 per hour
Hourly Rate $220.00 per hour
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