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Item R1C ounty of M onroe {f `° " rel BOARD OF COUNTY COMMISSIONERS n Mayor David Rice, District 4 The FlOnda Key y m �� 1 Mayor Pro Tem Sylvia J. Murphy, District 5 Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 County Commission Meeting September 19, 2018 Agenda Item Number: R.1 Agenda Item Summary #4651 BULK ITEM: No DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305) 453 -8774 TBD AGENDA ITEM WORDING: Approval to enter into a Study Agreement with the U.S. Army Corps of Engineers to initiate a study partnership to investigate storm and sea level rise vulnerability for the U.S. 1 corridor in Monroe County, funded up to $3 Million by the USACE; also, ratification of the Letter of Intent submitted by the County Administrator; request for Chief Financial Officer to sign the Self - Certification of Financial Capability; and authority for the County Attorney and the Mayor to sign related documents. ITEM BACKGROUND: This item is to approve a Study Agreement with the United States Army Corps of Engineers (USACE) to conduct a 3 -year study to assess the risk to the County's only evacuation route from the Florida Keys, U.S 1, due to sea level rise, storm risk, surge, evolving weather patterns and other changing conditions which pose a potential risk to Monroe County. U.S. 1 is an important State of Florida transportation facility. Given the geography of Monroe County, and in particular its length and low -lying nature, the time -frame and organization required to evacuate the population for storm events in the Keys is unique. U.S. 1 also serves as the County's primary transportation artery throughout the entire Florida Keys, including unincorporated County and its five (5) municipalities. It is necessary to have knowledge of both the condition of and the elevation of the surface land and structures, such as outfalls, along the U.S. 1 corridor. Monroe County has already gathered much of this information under our GreenKeys planning process, HAZUS study and through the collection of mobile LIDAR elevation data. This investigation would include a study of the vulnerability of the only route available to vehicles that are evacuating the Keys under an evacuation order, and consider coastal alternatives that would reduce the risk and vulnerability to the critical roadway and highly vulnerable populations that utilize the roadway. The USACE obtained funds for this study through Federal funds provided through Public Law 115- 123 (BBA 2018 "), enacted February 9, 2018. The Study Agreement will target completion of the feasibility study within 3 years at a total cost of no more than $3 million. The costs of the study will be 100% federal up to $3 million. Any costs over $3 Million shall be the responsibility of the County as the non - Federal Sponsor, should the County desire to continue the Study Agreement. If not, the County has the option to terminate the Agreement and not expend any County funds. The goals of the Study are to: (1) Provide a Common Operating Picture of Coastal Risk — Provide decision - makers at Federal, state and local levels with a comprehensive risk analysis for U.S. 1 (2) Identify High -Risk Locations and Characterize Current and Future Hazards — Develop depth damage functions along U.S 1. (3) Recommend Measures — Risk reduction measures to address identified problems will be evaluated. (4) Review and incorporate Adaptation or Storm Resilience Project Recommendations — Formulate projects as appropriate for future planning and funding. The Study will address how present and future risk to coastal storm hazard and changes to mean sea level will affect coastal areas supporting the integrity of U.S 1. The overall goal of the Study approach is to analyze all information through one functional geospatial lens to produce estimates of existing and future coastal vulnerability through a connected and synchronized view of all integrated products. Potential measures to reduce risk and vulnerability of U.S. 1, such as natural shoreline protection, wave reduction measures, and non - structural measures for critical infrastructure could be considered. Natural and nature- based features would be analyzed to improve the resiliency and sustainability of the coastal system which is so closely connected to the evacuation route U.S. 1. Through this framework, a holistic and more intuitive view of future steps, future priorities, partners, solutions and projects can be envisioned by a broad range of stakeholders focused on this critical facility. Outcomes. The Study will be a collaborative partnership with Monroe County and associated stakeholders with input from related agencies and the public. It will be guided by the USACE and undertaken in partnership with Federal, tribal, state and local government representatives other non - government organizations, academia, technical experts and interested parties. The end product will consist of a final Feasibility Report to include National Environmental Policy Act (NEPA) documentation, which may authorize new Federal projects for construction focused on protecting the U.S. 1 corridor. Concurrent with the signing of the agreement, a Draft Project Management Plan will be developed and agreed upon by Monroe County and USACE. The study will be conducted and managed by USACE with input from Monroe County. A required Letter Of Intent outlining the County's project desires has been signed by the County Administrator and included in the backup documentation. PREVIOUS RELEVANT BOCC ACTION: Not Applicable CONTRACT /AGREEMENT CHANGES: New Agreement STAFF RECOMMENDATION: Approval DOCUMENTATION: USACE Agreement.pdf CERTIFICATE OF LEGAL AUTHORITY CERTIFICATION REGARDING LOBBYING Letter of Intent signed FCSA — Self cert — CFO — Monroe County FINANCIAL IMPACT: Effective Date: September 19, 2018 Expiration Date: 3 years after the Effective Date Total Dollar Value of Contract: $3 Million — funded by the USACE Total Cost to County: $0, unless the study costs exceed $3 Million, then the County would fund the differential if the County elected to keep participating. The County has the option of terminating the Agreement if the Study Costs exceed $3 million. Current Year Portion: N/A Budgeted: N/A Source of Funds: USACE CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: None Revenue Producing: No — the USACE is funding their work. Funds will not pass through the County. If yes, amount: Grant: Yes County Match: Only if costs exceed $3 million. Insurance Required: No. Additional Details: The Study Agreement is 100% funded by USACE up to $3 Million of costs. Costs are not anticipated to exceed $3 million. If costs do exceed $3 Million, the County has the option to terminate the Agreement at that time and not fund the differential, or the BOCC can determine to move forward with funding the differential. The decision point is not anticipated to occur for 3 years after execution of the Agreement. REVIEWED BY: Rhonda Haag Completed 09/10/2018 1:40 PM Cynthia Hall Completed 09/10/2018 2:39 PM Budget and Finance Completed 09/10/2018 2:43 PM Maria Slavik Completed 09/10/2018 2:44 PM Kathy Peters Completed 09/10/2018 3:30 PM Board of County Commissioners Pending 09/19/2018 9:00 AM AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND MONROE COUNTY, FLORIDA FOR THE MONROE COUNTY, FLORIDA STUDY THIS AGREEMENT is entered into this day of by and between the Department of the Army (hereinafter the "Government "), represented by the District Commander for Jacksonville District (hereinafter the "District Commander ") and the Monroe County, Florida (hereinafter the "Non- Federal Sponsor "), represented by the Mayor. WITNESSETH, THAT: WHEREAS, Public Law 84 -71, authorizes the Secretary of the Army, in cooperation with the Secretary of Commerce and other Federal agencies, to examine and survey the eastern and southern seaboard of the United States with respect to hurricanes, with particular reference to areas where severe damages have occurred (hereinafter the "Study "); WHEREAS, notwithstanding Section 105(a) of the Water Resources Development Act of 1986 (33 U.S.C. 2215(a)), which specifies the cost - sharing requirements generally applicable to feasibility studies, Title IV, Division B of the Bipartisan Budget Act of 2018, Public Law 115- 123, enacted February 9, 2018 (hereinafter "BBA 2018 "), authorizes the Government to conduct the Study at full Federal expense to the extent that appropriations provided under the Investigations heading of the BBA 2018 are available and used for such purpose; and WHEREAS, the Government and the Non - Federal Sponsor have the full authority and capability to perform in accordance with the terms of this Agreement. NOW, THEREFORE, the parties agree as follows: ARTICLE I - OBLIGATIONS OF THE PARTIES A. In accordance with Federal laws, regulations, and policies, the Government shall conduct the Study using BBA 2018 funds. In the event that there are insufficient BBA 2018 funds to complete the Study, such completion shall be subject to cost - sharing otherwise applicable to the Study and amendment of this Agreement. 1. The Government shall conduct the Study consistent with the Project Management Plan, which specifies the scope, cost, and schedule for Study activities. In consultation with the Non - Federal Sponsor, the Government may modify the Project Management Plan as necessary. 2. The cost of the Study is limited to $3 million in Federal funds, unless the Assistant Secretary of the Army (Civil Works) approves an exemption for the Study to exceed $3 million. 3. To the extent practicable and in accordance with Federal laws, regulations, and policies, the Government shall afford the Non - Federal Sponsor the opportunity to review and comment on solicitations for contracts prior to the Government's issuance of such solicitations; proposed contract modifications, including change orders; and contract claims prior to resolution thereof. Ultimately, the contents of solicitations, award of contracts, execution of contract modifications, and resolution of contract claims shall be exclusively within the control of the Government. B. In addition to the ongoing, regular discussions of the parties in the delivery of the Study, the Government and the Non - Federal Sponsor may establish a Study Coordination Team to discuss significant issues or actions. The Non - Federal Sponsor's costs for participation on the a Study Coordination Team shall be paid solely by the Non - Federal Sponsor without reimbursement or credit by the Government. . C. The Non - Federal Sponsor shall not be entitled to any credit or reimbursement for any costs it incurs in performing its responsibilities under this Agreement. w en U ARTICLE II - TERMINATION OR SUSPENSION A. Upon 30 calendar days written notice to the other parry, either party may elect at any time, without penalty, to suspend or terminate future performance of the Study. Furthermore, unless an exemption is approved by the Assistant Secretary of the Army (Civil Works), the Study may be terminated if a Report of the Chief of Engineers, or, if applicable, a Report of the Director of Civil Works, is not signed for the Study within 3 years after the effective date of this Agreement. B. If the Government determines at any time that BBA 2018 funds made available for the Study are not sufficient to complete the Study, the Government shall so notify the Non - Federal Sponsor in writing, and upon exhaustion of such funds, the Government shall suspend the Study until the parties execute an amendment to this Agreement that provides for cost - sharing of the remaining work. ARTICLE III - DISPUTE RESOLUTION As a condition precedent to a parry bringing any suit for breach of this Agreement, that party must first notify the other party in writing of the nature of the purported breach and seek in good faith to resolve the dispute through negotiation. If the parties cannot resolve the dispute through negotiation, they may agree to a mutually acceptable method of non - binding alternative dispute resolution with a qualified third party acceptable to the parties. Each party shall pay an equal share of any costs for the services provided by such a third party as such costs are incurred. 0 ARTICLE IV - RELATIONSHIP OF PARTIES In the exercise of their respective rights and obligations under this Agreement, the Government and the Non - Federal Sponsor each act in an independent capacity, and neither is to be considered the officer, agent, or employee of the other. Neither party shall provide, without the consent of the other party, any contractor with a release that waives or purports to waive any rights a party may have to seek relief or redress against that contractor. ARTICLE V - NOTICES Any notice, request, demand, or other communication required or permitted to be given under this Agreement shall be deemed to have been duly given if in writing and delivered personally or mailed by certified or registered mail, with return receipt, as shown below. A party may change the recipient or address for such communications by giving written notice to the other party in the manner provided in this Article. If to the Non - Federal Sponsor: Mayor Monroe County 1100 Simonton Street Key West, Florida 33040 If to the Government: District Commander U.S. Army Corps of Engineers, Jacksonville District P.O. Box 4970 Jacksonville, Florida 32232 -0019 ARTICLE VI - CONFIDENTIALITY To the extent permitted by the laws governing each party, the parties agree to maintain the confidentiality of exchanged information when requested to do so by the providing party. ARTICLE VII - THIRD PARTY RIGHTS, BENEFITS, OR LIABILITIES Nothing in this Agreement is intended, nor may be construed, to create any rights, confer any benefits, or relieve any liability, of any kind whatsoever in any third person not a parry to this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, which shall become effective upon the date it is signed by the District Commander. DEPARTMENT OF THE ARMY :• DATE: Andrew D. Kelly Colonel, U.S. Army District Commander MONROE COUNTY, FLORIDA BY: David Rice Mayor DATE: M CERTIFICATE OF AUTHORITY I, Bob Shillinger, do hereby certify that I am the principal legal officer of Monroe County, Florida, that Monroe County, Florida is a legally constituted public body with full authority and legal capability to perform the terms of the Agreement between the Department of the Army and Monroe County, Florida in connection with the Monroe County, Florida Study, and to pay damages, if necessary, in the event of the failure to perform in accordance with the terms of the Agreement, as required by Section 221 of the Flood Control Act of 1970, as amended (42 U.S.C. 19624 -5b), and that the person who executed the Agreement on behalf of Monroe County, Florida acted within his statutory authority. IN WITNESS WHEREOF, I have made and executed this certification this day of 20 Bob Shillinger County Attorney CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. w (3) The undersigned shall require that the language of this certification be included in the en award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. - This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. David Rice Mayor Monroe County, Florida DATE: CERTIFICATE OF AUTHORITY I, Bob Shillinger, do hereby certify that I am the principal legal officer of Monroe County, Florida, that Monroe County, Florida is a legally constituted public body with full authority and legal capability to perform the terms of the Agreement between the Department of the Army and Monroe County, Florida in connection with the Monroe County, Florida Study, and to pay damages, if necessary, in the event of the failure to perform in accordance with the terms of the Agreement, as required by Section 221 of the Flood Control Act of 1970, as amended (42 U.S.C. 19624 -5b), and that the person who executed the Agreement on behalf of Monroe County, Florida acted within his statutory authority. IN WITNESS WHEREOF, I have made and executed this certification this day of 20 Bob Shillinger County Attorney CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. -a (2) If any funds other than Federal appropriated funds have been paid or will be paid to en any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the U- undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. David Rice Mayor Monroe County, Florida DATE: f - I V 1k4 DUAKU rILUURIVq_UMIvIIbbI [VhKb 'Umaluttj " % flall Mayor David Rim District 4 The Florida Keys Mayor Pro Tern Sylvia J. Murphy, District 5 D ... L Kolh Distrim I George Neugem District 2 Heather Carruthem District 3 September 10, 2018 Colonel Andrew D. Kelly Commander, Jacksonville District U.S. Army Corps of Engineers P.O. Box 4970 Jacksonville, FL 32223-0019 Dear Colonel Kelly: With respect to the recently passed Bipartisan Budget Act of 2018 (Public Law 115-123), Monroe County is willing and able to participate as the Non-Federal Sponsor for the The Monroe County, Florida Sludy, in partnership with the U.S. Army Corps of Engineers (USACE), to cooperatively investigate storm and sea level rise vulnerability for the US- I corridor in Monroe County, FL. Monroe County is aware that this letter constitutes an expression of intent to initiate a study partnership to address the specified water resources problems and is not • contractual obligation. We understand that work on the study cannot commence until it is included in the Administration"s reauest funds are allocated bv@*,e Office of If you require additional information, please contact: Rhonda Haag at (305) 453-8774 or L -rhonda�� � Ov . NON - FEDERAL SPONSOR'S SELF - CERTIFICATION OF FINANCIAL CAPABILITY FOR AGREEMENTS I, , do hereby certify that I am the Chief Financial Officer of the Monroe County (the "Non- Federal Sponsor "); that I am aware of the financial obligations of the Non - Federal Sponsor for the Monroe County, Florida Study; and that the Non - Federal Sponsor has the financial capability to satisfy the Non - Federal Sponsor's obligations under the Agreement Between the Department of the Army and Monroe County, Florida Study. IN WITNESS WHEREOF, I have made and executed this certification this day of BY: TITLE: DATE: