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Item J6J.6 t, BOARD OF COUNTY COMMISSIONERS County of Monroe�� Mayor Sylvia Murphy, District 5 The Florida. Keys � � � l'U , Mayor Pro Tern Danny Kolhage, District 1 �pw° Michelle Coldiron, District 2 Heather Carruthers, District 3 David Rice, District 4 County Commission Meeting August 21, 2019 Agenda Item Number: J.6 Agenda Item Summary #5900 BULK ITEM: Yes DEPARTMENT: Building TIME APPROXIMATE: STAFF CONTACT: Ed Koconis (305) 453-8727 N/A AGENDA ITEM WORDING: Approval to rank consultants in the South Florida FEMA Coastal Risk MAP Study Development Consulting Services Request for Proposals as follows: 41 - Woods Hole; 42 - Ransom; 43 - J.R. Evans; and 44 - Sheng and award contract to The Woods Hole Group, Inc. in the amount of $182,785.00 plus hourly/daily fees for any and all appeals for FEMA Coastal Risk MAP Development Consulting Services ITEM BACKGROUND: On February 20, 2019 staff presented information to the Board related to FEMA's South Florida Coastal Risk MAP Study development process, including a tentative timeline for new draft, preliminary, and final floodplain regulatory maps, as well as additional information related to the technical aspects of the future maps. The study includes the effects of wave setup, wave height analyses, erosion analyses, wave run-up and overtopping analyses, identification of the Primary Frontal Dune (PFD), identification of the Limit of Moderate Wave Action (LiMWA) and appropriate mapping of the results. Mean Water Levels (Stillwater elevation (SWEL) plus wave setup), wave height analyses, erosion, and wave run-up will be determined for selected synthetic storm events. The PowerPoint presentation from February 20, 2019 is attached. The Board directed staff to develop an Request for Proposals (RFP) for a technical consultant to assist staff in review of the various maps and to be prepared for potential appeal of the maps, if, after technical review, an appeal is warranted. An RFP was issued on May 29, 2019. Four firms responded to the RFP and a selection committee ranked the proposals on July 29, 2019. The ranking sheet from the selection committee is attached and the ranking follows: 41 - Woods Hole; 42 — Ransom 43 - J.R. Evans; and 44 — Sheng Staff prepared a contract for Woods Hole and we are seeking approval of this contract for 7 tasks including: Task 1: Review of Existing Studies Task 1.1 Coastal Discovery Report Packet Pg. 1409 J.6 Task 1.2 South Florida Storm Surge Study (IDS #1) Task 1.3 South Florida Storm Surge Study (IDS #2) Task 1.4 South Florida Storm Surge Study (IDS #3) Task 2: Review of FEMA Work Maps Task 2.1 Flood Risk Review Meeting Task 2.2 FEMA Work Maps and Coastal Flood Hazard Analysis (IDS#4 and IDS#5) Task 2.3 FEMA Work Maps and Current Effective FIRMs Comparison Task 3: Review of FEMA Preliminary FIRMs Task 3.1 Flood Community Consultation Officers (CCO) and Public Meetings Task 3.2 FEMA Preliminary FIRMS and FIS Task 3.3 Consultant will identify issue not correct by FEMA during Task 2 Task 4: Review Preliminary Coastal Study and FIRMs Task 5: Individual Property Owner Appeal Review HOURLY RATE: Task 6: Post Appeal Filing Testimony HOURLY RATE: Task 7: In Person Meetings LUMP SUM PER PERSON, PER NIGHT, TWO DAYS PER VISIT The Contract is written so that each Task will be authorized individually and it is possible the County will accept the maps without appeal. However, if the County deems it necessary to appeal the maps, we do have that option built into the contract. Further, it is possible the County will be required to review individual property owner appeals. This has also been accounted for, with a proposal to recapture that expense from individual property owners on a reimbursement basis. The following graphic demonstrates a timeline of the study so far, with anticipated time periods for the release of draft maps, preliminary maps Flood Insurance Rate Maps (FIRMS) and then potential effective dates for the FINAL FIRMS. Draft Maps are typically issued for technical staff review. Preliminary FIRMs are issued and a formal comment period begins. 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Issuanec ^ Resihence MMeetrng Packet Pg. 1410 J.6 This study is important from a community wide perspective because changes in FIRMs can affect changes in building and lender requirements and the cost of flood insurance for some property owners. Attached is a table that demonstrates, based on todays regulations, how insurance rates are treated after new FIRMs are issued in a community. This chart was created by County consultant Bruce Bender. He has been retained to assist with public outreach. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: Monroe County Risk Map Review RFP Final 5.30.19 LL Woods_Hole_Group_Monroe—Co—Flood—Risk—Review Proposal_072219 Ranking Sheet DRAFT contract for FEMA Risk MAP form RFP v2 Westlaw - 17 full text items for United States Cod Westlaw - 18 full text items for United States Cod Westlaw - 30 full text items for United States Cod Item J-3-5 BOCC Presentations - Outreach - LiMWA - Freeboard - FEB20 - FINAL Summary of Map Changes on Flood Insurance FINANCIAL IMPACT: Effective Date: August 21, 2019 Expiration Date: August 20, 2024 (5 years) with County option for two (2) additional 1-year terms. Total Dollar Value of Contract: $182,785 plus hourly rate for future tasks, if issued notice to proceed by County Total Cost to County: $225,000 Current Year Portion: $25,000 Budgeted: Yes, in FY20 Source of Funds: Fund 148 CPI: N/A Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: Match: Packet Pg. 1411 J.6 Insurance Required: Yes Additional Details: REVIEWED BY: Rick Griffin Completed Assistant County Administrator Christine Hurley 08/06/2019 2:52 PM Budget and Finance Completed Maria Slavik Completed Steve Williams Completed Ed Koconis Completed Kathy Peters Completed Board of County Commissioners Pending 08/06/2019 2:01 PM Completed 08/06/2019 3:06 PM 08/06/2019 3:19 PM 08/06/2019 4:04 PM 08/06/2019 4:40 PM 08/06/2019 4:48 PM 08/21/2019 9:00 AM Packet Pg. 1412 J.6.a MONROE COUNTY, FLORIDA REQUEST FOR PROPOSALS M FEMA COASTAL RISK MAP DEVELOPMENT CONSULTING SERVICES BOARD OF COUNTY COMMISSIONERS Mayor Sylvia J. Murphy, District 5 Mayor Pro Tern Danny L. Kolhage, District 1 Michelle Coldiron, District 2 Heather Carruthers, District 3 David Rice, District 4 MAY 29, 2019 COUNTY ADMINISTRATOR ROMAN GASTESI ASSISTANT COUNTY ADMINISTRATOR CHRISTINE HURLEY Clerk of Circuit Court Ed Koconis Kevin Madok Administrative Director Packet Pg. 1413 J.6.a ALL RESPONSES TO THIS REQUEST FOR PROPOSALS MUST BE RECEIVED BY MONROE COUNTY PURCHASING DEPARTMENT, ROOM 2-213, 1100 SIMONTON STREET, KEY WEST, FLORIDA 33040 ON OR BEFORE: JULY 23, 2019 If you should have any questions regarding this application package, please submit them by e-mail only to Ed Koconis, Administrative Director, at: Koconis-ed@monroecounty-fl.gov. All responses will be by Addendum only. 2 1 P i g e Packet Pg. 1414 J.6.a TABLE OF CONTENTS NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS SECTION ONE - Instruction to Proposers SECTION TWO - Draft Agreement Exhibit A, Scope of Services SECTION THREE - County Forms and Insurance Forms Packet Pg. 1415 J.6.a NOTICE OF REQUEST FOR PROPOSALS NOTICE IS HEREBY GIVEN that on Tuesday, July 23, 2019, at 3:00 P.M., the Monroe County Purchasing Office will receive and open sealed responses for the following: FEMA COASTAL RISK MAP DEVELOPMENT CONSULTING SERVICES MONROE COUNTY, FLORIDA Pursuant to F.S. § 50.0211(3)(a), all published competitive solicitation notices can be viewed at: www.floridapublicnotices.com, a searchable Statewide repository for all published legal notices. Requirements for submission and the selection criteria may be requested from DemandStar by Onvia at www.demandstar.com OR www.monroeco,m. The Public Record is available at the Monroe County Purchasing Office located in the Gato Building, 1100 Simonton Street, Room 2- 213, Key West, Florida. All responses must be sealed and must be submitted to the Monroe County Purchasing Office Publication Dates: Citizen: Sat., 06/08/19 Keys Weekly: Thur., 06/13/19 The News Barometer: Fri., 06/14/19 Packet Pg. 1416 J.6.a SECTION ONE: INSTRUCTION TO PROPOSERS 1. OBJECTIVE OF THE REQUEST FOR PROPOSAL The Monroe County Board of County Commissioners is requesting proposals from a highly qualified professional engineering firm/consultant or a team of consultants to act on behalf of the County in independently reviewing FEMA's South Florida Coastal Risk MAP development process for Monroe County. 2. BACKGROUND INFORMATION Monroe County ("County") is a non -chartered county and a political subdivision of the State of Florida The population of the County is estimated at approximately 76,000. The Monroe County Board of County Commissioners, constituted as the governing body, has all the powers of a body corporate, including the powers to contract; to sue and be sued; to acquire, purchase, hold, lease and convey real estate and personal property; to borrow money and to generally exercise the powers of a public authority organized and existing for the purpose of providing community services to citizens within its territorial boundaries. In order to carry out this function, County is empowered to levy taxes to pay the cost of operations. Present Study Federal Emergency Management Agency (FEMA) has begun the South Florida (SFL) Coastal Risk MAP study that involves coastal flood hazard analyses for 621 miles of coastal shoreline including unincorporated Monroe County and five cities including Key Colony Beach, Key West, Layton, Marathon and Islamorada. The study includes the effects of wave setup, wave height analyses, erosion analyses, wave run-up and overtopping analyses, identification of the Primary Frontal Dune (PFD), identification of the Limit of Moderate Wave Action (LiMWA) and appropriate mapping of the results. Mean Water Levels (Stillwater elevation (SWEL) plus wave setup), wave height analyses, erosion, and wave run-up will be determined for selected synthetic storm events. This Request For Proposal (RFP) is for analysis of unincorporated Monroe County only. 3. RFP SCHEDULE: A schedule of the major activities associated with this solicitation is presented below The County, at its sole discretion, may modify this schedule, as the County deems appropriate. The initial contract term will be for five (5) years beginning August 28, 2019 renewable at the County's option for two (2) additional consecutive year terms. Calendar Date Activity 6/8/2019 RFP Advertise/Release date 6/20/2019 Deadline for Questions — 3:00 p.m. 7/2/2019 Addendum Release date 7/23/2019 RFP Responses Due — 3:00 p.m. 7/26/2019 Selection Committee Ranking meeting 8/21/2019 To BOCC for approval of contract 8/26/2019 Relationship Effective Date Packet Pg. 1417 J.6.a 4. SCOPE OF THE WORK TO BE PROVIDED BY PROPOSER The scope of work is included in Exhibit A of the draft contract and is for Unincorporated Monroe County 5. QUALIFICATIONS NECESSARY OF CONSULTANT The Proposer must warrant that it has not employed or retained a company or person, other than a bona fide employee, contractor or subcontractor, working in its employ, to solicit or secure a contract with the County and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee, contractor or subcontractor, working in its employ any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the County. 6. PAYMENT TERMS • We request Proposers to quote a fixed fee that encompasses the entire Scope of Services requested in Section One. • The contractor shall submit to the County an invoice with supporting documentation acceptable to the County Clerk on a schedule as set forth in the contract. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. • The contractor will submit such invoice monthly for services provided during the preceding month. • Upon receipt of the contractor's invoice in the proper form as stipulated above and upon acceptance by the Clerk, Monroe County will make payment in accordance with the Florida Local Prompt Payment Act, Section 218.70, Florida Statutes. 7. EVALUATION CRITERIA Award shall be made to the responsible proposer whose proposal is determined to be the most advantageous to the County, taking into consideration the evaluation criteria set forth below: Proposer's Experience and Background 20 points Team's Experience 10 points Ability to provide services listed in Scope of Services, based on prior work 30 points Capacity and Resources 15 points Approach and Methodologies 10 points Price of proposal 1 15 points Total points earned are on a scale of 1 — 100 points 1 = lowest 100 = highest A Selection Committee will be analyzing Proposals and providing recommendations to the County Administrator who will ultimately make a recommendation to the Board of County Commissioners regarding which Proposer should be hired. Packet Pg. 1418 J.6.a 8. REQUEST FOR ADDITIONAL INFORMATION A request for additional information or clarification relating to the specifications of this Request for Proposals shall be submitted in writing directly to: Ed Koconis, AICP Administrative Director Monroe County BOCC 102050 Overseas Highway Key Largo, FL 33037 Koconis®EdMonroeCounty®L.Gov All requests for additional information must be received in writing no later than 3:00 PM, June 13, 2019. Any requests received after that date and time will not be answered. All requests for additional information will be answered via an addendum to the RFP, which shall be distributed via DemandStar to all interested Proposers on the schedule listed above. Oral requests will not be answered. All addenda are a part of the contract documents and each Proposer will be bound by such addenda, whether or not received by him/her. It is the responsibility of each Proposer to verify that he/she has received all addenda issued before responses are opened. 9. CONTENT OF SUBMISSION The proposal submitted in response to this Request for Proposals; shall be clear and concise, tabulated, and provide the information requested herein. Statements submitted without the required information will not be considered. Responses shall be organized as indicated below. The Proposer should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration, since oral presentations or demonstrations may not be solicited. Each Proposer must submit adequate documentation to certify the Proposer's compliance with the County's requirements. Proposer should focus specifically on the information requested. The proposal shall include the following: A. Cover Page A cover page that states "FEMA COASTAL RISK MAP DEVELOPMENT CONSULTING SERVICES". The cover page should contain Proposer's name, address, telephone number, email address and the name of the Proposer's contact person. B. Table of Contents C. Tabbed Sections TAB 1. Executive Summary One page summary of what you are proposing in the contract. TAB 2. Qualifications 1. Company Information a. A brief company history. b. How many years has your organization been in business as a provider of the products and services you're proposing to offer under this solicitation? c. How many years has your organization been in business under its' present business name? d. Experience of your company of firm with the services, products or combination thereof as stated in the scope of work or specification. Packet Pg. 1419 J.6.a TAB 3. Key Personnel Provide an organizational chart of the proposed team, and the role to be played by each member of the proposed team. Provide similar project experience and qualifications for the Project Manager(s), and staff to be assigned. Please use the following table format or a similar format to provide the required information. If necessary, detailed information such as "brief description of projects completed" could be provided as a foot note. Name Qualifications Description No. of years of No of Brief Other of the task to experience years of with description information be completed relevant to the current of projects the assigned firm completed task TAB 4. Service (Include example of work products from similar projects) (1) Identify the home -base location for the individual designated as the County account manager/consultant. (2) Submit details of Proposer's staffing resources at the location(s) that will provide services to the County as well as corporately, by discipline and the number of personnel within each discipline. (3) If Proposer's staffing resources includes sub -consultants, submit the name of the firm(s) and detailed their role in the provision of services. (4) Provide a narrative clearly defining responsibilities, contractual relationships and roles of all individual in the organizational diagram. (5) As a consideration of the Proposer's current, and projected workloads, state the commitment and availability of all key personnel for County projects by providing a signed letter of commitment. (6) Include example of work the firm and/or key personnel have completed from similar projects on behalf of a local government. TAB 5. LITIGATION In accordance with Section 2-347(h) of the Monroe County Code, the Proposer must provide the following information: (1) A list of the people or entity's shareholders with five (5) percent or more of the stock or, if a general partnership, a list of the general partners; or, if a limited liability company, a list of its members; or, if a solely owned proprietorship, name(s) of owner(s); (2) A list of the officers and directors of the entity; (3) The number of years the person or entity has been operating and, if different from the years of operation, the number of years it has been providing the services, goods, or construction services called for in the bid specifications (include a list of similar projects); (4) The number of years the person or entity has operated under its present name and any prior names; (5) Answers to the following questions regarding claims and suits: a. Has the person, principals, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, ever failed to complete work or provide the goods for which it has contracted? If yes, provide details; b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person, principal of the entity, or entity, or any entity previously owned, operated or directed by any of its officers, directors, or general partners? If yes, provide details; Packet Pg. 1420 C. 70 e J.6.a Has the person, principal of the entity, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, within the last five (5) years, been a party to any lawsuit, arbitration, or mediation with regard to a contract for services, goods or construction services similar to those requested in the specifications with private or public entities? If yes, provide details; 0 Has the person, principal of the entity, or any entity previously owned, operated or directed by any of its officers, owners, partners, major shareholders or directors, ever initiated litigation against the county or been sued by the county in connection with a contract to provide services, LL goods or construction services? If yes, provide details. Whether, within the last five (5) years, the owner, an officer, general partner, principal, controlling shareholder or major creditor of the person or entity was an officer, director, general partner, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for bids. TAB 6. OTHER INFORMATION Proposer shall provide any additional information which will present evaluators with insight about the knowledge, skills and abilities of the Proposer. If the Proposer cannot fully comply with any of the terms contained in the Request for Proposal, all deviations to the terms must be spelled out in this section, i.e. Tab 6. TAB 7. FORMS AND LICENSES Proposer shall complete and execute the forms specified below and located in Section Three in this RFP, as well as a copy of a business tax receipt from the Tax Collector's office and shall include them behind Tab 7: Forms Submission Response Form Lobbying and Conflict of Interest Ethics Clause Non -Collusion Affidavit Drug Free Workplace Form Public Entity Crime Statement Request for Waiver of Insurance Requirements (if applicable) Proof that the Proposer is an Small Business Enterprise (SBE) (if applicable) (see section 22, below) Also, provide a copy of any current agent/broker Licenses issued by the Florida Department of Insurance for consulting or providing life or health insurance. TAB 8. FEE PROPOSAL Proposers should use this form for submitting its Fee Proposal. The pricing submitted shall be all inclusive to provide FEMA Coastal Risk MAP development consulting services in accordance with the requirements as set forth in this RFP. The Proposer's fee for FEMA Coastal Risk MAP development consulting shall remain firm for the respective task of the Agreement as designated below. Evaluation of price will be based upon Proposers' Total Fee for all tasks. Packet Pg. 1421 J.6.a Fee Proposal Task 1: Review of Existing Studies $ Task 1.1 Coastal Discovery Report $ Task 1.2 South Florida Storm Surge Study (IDS #1) $ Task 1.3 South Florida Storm Surge Study (IDS #2) $ Task 1.4 South Florida Storm Surge Study (IDS #3) $ Task 2: Review of FEMA Work Maps $ Task 2.1 Flood Risk Review Meeting $ Task 2.2 FEMA Work Maps and Coastal Flood Hazard Analysis (IDS#4 and IDS#5) $ Task 2.3 FEMA Work Maps and Current Effective FIRMs Comparison $ Task 3: Review of FEMA Preliminary FIRMs $ Task 3.1 Flood Community Consultation Officers (CCO) and Public Meetings $ Task 3.2 FEMA Preliminary FIRMS and FIS $ Task 3.3 Consultant will identify issue not correct by FEMA during Task 2 $ Task 4: Review Preliminary Coastal Study and FIRMs $ Task 5: Individual Property Owner Appeal Review HOURLY RATE: $ Task 6: Post Appeal Filing Testimony HOURLY RATE: $ Task 7: In Person Meetings LUMP SUM PER PERSON, PER NIGHT, TWO DAYS PER VISIT $ 10. COPIES OF RFP DOCUMENTS A. Only complete sets of RFP Documents will be issued and shall be used in preparing responses. The County does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets. B. Complete sets of RFP Documents may be obtained in the manner and at the locations stated in the Notice of Request for Proposals. C. Each Proposer is responsible for obtaining all addenda for this Proposal and for acknowledging receipt of all addenda on the Response Form. 11. STATEMENT OF PROPOSAL REQUIREMENTS It is the sole responsibility of the Proposer to utilize the forms provided in this RFP and to ensure their Proposal is delivered to the Monroe County Purchasing Office prior to the Due Date and Time. The proposals shall be submitted in a sealed envelope. Included in the sealed envelope shall be: • Two (2) bound originals clearly identifying Proposer and marked "ORIGINAL". • Five (5) electronic format copies clearly identifying Proposer, each on a separate flash memory drive All of the originals, and flash memory drives shall be delivered in one (1) sealed envelope clearly marked on the outside with the Proposer's name and "FEMA COASTAL RISK MAP DEVELOPMENTCONSULTING SERVICES", addressed to Monroe County Purchasing Department, 1100 Simonton Street, Room 2-213, Key West, FL 33040, which must be received on or before 3:00 P.M. local time on July 23, 2019. Hand delivered Proposals may request a receipt. No proposals will be accepted after 3:00 P.M. Faxed or e-mailed proposals shall be automatically rejected. It is the sole responsibility of each Proposer to ensure its proposal is received in a timely fashion. ELECTRONIC FORMAT COPIES: Electronic format copies should be submitted on separate USB portable flash memory drives in Adobe Acrobat® portable document format (PDF) in one continuous file. Do not password protect or otherwise encrypt electronic proposal copies. Electronic copies must contain an identical proposal to the original. Packet Pg. 1422 J.6.a NOTE: Proposal responses submitted via facsimile or email will not be accepted. 12. DISQUALIFICATION OF PROPOSER A. NON -COLLUSION AFFIDAVIT: Any person submitting a proposal in response to this invitation must execute the enclosed NON -COLLUSION AFFIDAVIT. If it is discovered that collusion exists among the Proposers, the proposals of all participants in such collusion shall be rejected, and no participants in such collusion will be considered in future proposals for the same work. B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases or perform work as a contractor, supplier, subcontractor, or contractor under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Category Two: $25,000.00 C. DRUG -FREE WORKPLACE FORM: Any person submitting a bid or proposal in response to this invitation must execute the enclosed DRUG -FREE WORKPLACE FORM and submit it with his/her proposal. Failure to complete this form in every detail and submit it with the bid or proposal may result in immediate disqualification of the bid or proposal. D. LOBBYING AND CONFLICT OF INTEREST ETHICS CLAUSE: Any person submitting a bid or proposal in response to this invitation must execute the enclosed LOBBYING AND CONFLICT OF INTEREST CLAUSE and submit it with his/her bid or proposal. Failure to complete this form in every detail and submit it with the bid or proposal may result in immediate disqualification of the bid or proposal. 13. GOVERNING LAWS AND REGULATIONS The Proposer is required to be familiar with and shall be responsible for complying with all federal, state, and local laws, ordinances, rules, professional license requirements and regulations that in any manner affect the work. Knowledge of business tax requirements and the responsibility for paying the tax in Monroe County and municipalities within Monroe County are the responsibility of the Proposer. 14. PREPARATION OF RESPONSES Signature of the Proposer: The Proposer must sign the response forms in the space provided for the signature. If the Proposer is an individual, the words "doing business as or "Sole Owner" must appear beneath such signature. In the case of a partnership, the signature of at least one of the partners must follow the firm name and the words "Member of the Firm" should be written beneath such signature. If the Proposer is a corporation, the title of the officer signing the Response on behalf of the corporation must be stated along with the Corporation Seal Stamp and evidence of his authority to sign the Response must be submitted. The Proposer shall state in the response the name and address of each person having an interest in the submitting entity. Packet Pg. 1423 J.6.a 15. MODIFICATION OF RESPONSES Written modification will be accepted from Proposers if addressed to the entity and address indicated in the Notice of Request for Proposals and received prior to Proposal due date and time. Modifications must be submitted in a sealed envelope clearly marked on the outside with the Proposer's name and "Modification to Proposal - Monroe County Proposal for FEMA Coastal Risk MAP Development Consulting Services". If sent by mail or by courier, the above -mentioned envelope shall be enclosed in another envelope addressed to the entity and address stated in the Notice of Request for Proposals. Faxed or e-mailed modifications shall be automatically rejected. 16. RESPONSIBILITY FOR RESPONSE The Proposer is solely responsible for all costs of preparing and submitting the response, regardless of whether a contract award is made by the County. 17. RECEIPT AND OPENING OF RESPONSES Responses will be received until the designated time and will be publicly opened. Proposers' names shall be read aloud at the appointed time and place stated in the Notice of Request for Competitive Solicitations. Monroe County's representative authorized to open the responses will decide when the specified time has arrived and no responses received thereafter will be considered. No responsibility will be attached to anyone for the premature opening of a response not properly addressed and identified. Proposers or their authorized agents are invited to be present. The County reserves the right to reject any and all responses and to waive technical errors and irregularities as may be deemed best for the interests of the County. Responses that contain modifications that are incomplete, unbalanced, conditional, obscure, or that contain additions not requested or irregularities of any kind, or that do not comply in every respect with the Instruction to Proposer and the contract documents, may be rejected at the option of the County. 18. AWARD OF CONTRACT A. The County reserves the right to award separate contracts for the services based on geographic area or other, and to waive any informality in any response, or to re -advertise for all or part of the work contemplated. B. The County also reserves the right to reject the response of a Proposer who has previously failed to perform properly or to complete contracts of a similar nature on time. C. The recommendation of staff shall be presented to the Board of County Commissioners of Monroe County, Florida, for final selection and award of contract. 19. CERTIFICATE OF INSURANCE AND INSURANCE REQUIREMENTS The Proposer shall be responsible for all necessary insurance coverage as indicated below. Certificates of Insurance must be provided to Monroe County within fifteen (15) days after award of contract, with Monroe County BOCC listed as additional insured as indicated. If the proper insurance forms are not received within the fifteen (15) day period, the contract may be awarded to the next selected Proposer. Policies shall be written by companies licensed to do business in the State of Florida and having an agent for service of process in the State of Florida. The required insurance shall be maintained at all times while Proposer is providing service to County. Packet Pg. 1424 J.6.a Worker's Compensation Statutory Limits Employers' Liability $500,000 General Liability, including $300,000 (CSL) Professional Liability $250,000 per occurrence /$500,000 Aggregate Vehicle Liability $300,000 (CSL) Monroe County shall be named as an Additional Insured on the General Liability policy and Vehicle Liability Policies. 20. INDEMNIFICATION The Proposer to whom a contract is awarded shall defend, indemnify and hold harmless the County as outlined below. The Proposer covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the Proposer or any of its Subcontractor(s), occasioned by the negligence, errors, or other wrongful act or omission of the Proposer, its Subcontractor(s), their officers, employees, servants or agents. In the event that the service is delayed or suspended as a result of the Vendor's failure to purchase or maintain the required insurance, the Vendor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Proposer is consideration for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 21. EXECUTION OF CONTRACT The County intends to make an award to the Proposer that has complied with the terms, conditions and requirements of the RFP. The successful vendor will be expected to enter into an agreement substantially along the lines of the Draft Agreement shown in Section Two. Any agreement resulting from this RFP must be governed by the laws of the State of Florida and must have venue established in the State of Florida, Monroe County. The agreement will be submitted to the Monroe County Board of County Commissioners for final approval. 22. FEDERAL CONTRACT PROVISIONS A. SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISE SURPLUS AREA FIRMS. The County strongly encourages the use of women-, minority- and veteran -owned business enterprises (SBEs) and wishes to see a minimum of 25% of the contract or subcontracts awarded pursuant to this RFP go to SBEs. Contractors may search for Florida registered SBEs at: http://www.dms.myflorida.com/agency administration/office of supplier diversity osd Any proposal submitted in which the vendor is certified as an SBE, or in which the vendor proposes to use subcontractors that are certified as SBEs, in Florida or another jurisdiction, must submit proof of the registration or certification from the local authority in order to receive credit for the use of the SBE. SECTION TWO: DRAFT AGREEMENT Packet Pg. 1425 J.6.a These contract documents should be used only after consultation with counsel. The documents are not intended as legal advice appropriate to any specific situation, nor do they purport to address all issues which may arise between the contracting parties. The documents should be amended or supplemented where appropriate. Packet Pg. 1426 J.6.a MONROE COUNTY CONTRACT FOR FEMA Coastal Risk MAP Development Consulting Services THIS AGREEMENT is made and entered into this day of ("COUNTY'), a political subdivision of the State of Florida, whose address is Florida 33040 and ("CONTRACTOR"), whose address is _ the "Parties"). Section 1. SCOPE OF SERVICES by MONROE COUNTY 1100 Simonton Street, Key West, (collectively, CONTRACTOR shall do, perform and carry out in a professional and proper manner certain duties as described in the Scope of Services — Exhibit A — which is attached hereto and made a part of this agreement. CONTRACTOR shall provide the scope of services in Exhibit A for COUNTY. CONTRACTOR warrants that it is authorized by law to engage in the performance of the activities herein described, subject to the terms and conditions set forth in these Agreement documents. The CONTRACTOR shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. Contractor shall provide services using the following standards, as a minimum requirement: A. The CONTRACTOR shall maintain adequate staffing levels to provide the services required under the Agreement resulting from this RFP process. B. The personnel shall not be employees of or have any contractual relationship with the County. To the extent that Contractor uses subcontractors or independent contractors, this Agreement specifically requires that subcontractors and independent contractors shall not be an employee of or have any contractual relationship with County. C. All personnel engaged in performing services under this Agreement shall be fully qualified, and, if required, to be authorized or permitted under State and local law to perform such services. Section 2. QUALIFICATIONS NECESSARY OF CONTRACTOR The CONTRACTOR must provide an adequate staff of experienced personnel, capable of and devoted to the successful accomplishment of work to be performed under any contract with the County. The CONTRACTOR must assign specific individuals to the key positions. Once assigned to work under any contract with the County, key personnel shall not be moved or replaced without prior written notification to the County. Such notification shall be provided within three (3) business days of the change. The CONTRACTOR must warrant that it has not employed or retained a company or person, other than a bona fide employee, contractor or subcontractor, working in its employ, to solicit or secure a contract with the County and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee, contractor or subcontractor, working in its employ any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the County. The following persons will provide the services under this Agreement: Any change to the above -listed personnel requires notification to the County, in writing, within three (3) business days after implementation of the change. Packet Pg. 1427 J.6.a Section 3. TERM OF AGREEMENT 4.1 The initial contract term will be for five (5) years beginning August 22, 2019 or thereafter upon receipt of signed contract by both parties, renewable at the County's option for two (2) additional consecutive 1-year terms. Section 4. COMPENSATION Compensation is to be made based on tasks and the completed percentage of each task Monthly. Task 1, 2, 3, and 4 will be established as a fixed cost. Task 5, 6, and 7 are hourly rates, based on work needed by County. Section 5. PAYMENT TO CONTRACTOR 5.1 Payment will be made according to the Florida Local Government Prompt Payment Act. Any request for payment must be in a form satisfactory to the Clerk of Courts for Monroe County (Clerk). The request must describe in detail the services performed and the payment amount requested. The CONTRACTOR must submit invoices to the appropriate offices of the Administrative Director of Permitting. The respective office supervisor and the Assistant County Administrator, who will review the request, note his/her approval on the request and forward it to the Clerk for payment. 5.2 Continuation of this Agreement is contingent upon annual appropriation by Monroe County Board of County Commissioners. 5.3 The COUNTY will provide a notice to proceed for each task and subtask in Exhibit A. 5.4 The compensation for services in Exhibit A, will be payable based on percentage of completion of each task and subtasks. CONTRACTOR to submit an invoice monthly for services provided during the preceding month. Section 6. CONTRACT TERMINATION Either party may terminate this Agreement because of the failure of the other party to perform its obligations under the Agreement. COUNTY may terminate this Agreement with or without cause upon thirty (30) days' notice to the CONTRACTOR. COUNTY shall pay CONTRACTOR for work performed through the date of termination. The COUNTY at its' sole option can terminate the contract at any point. Section 7. CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. CONTRACTOR hereby agrees that he has carefully examined the RFP, response, and this Agreement and has made a determination that he/she has the personnel, equipment, and other requirements suitable to perform this work and assumes full responsibility therefore. The provisions of the Agreement shall control any inconsistent provisions contained in the specifications. All specifications have been read and carefully considered by CONTRACTOR, who understands the same and agrees to their sufficiency for the work to be done. Under no circumstances, conditions, or situations shall this Agreement be more strongly construed against COUNTY than against CONTRACTOR. B. Any ambiguity or uncertainty in the specifications shall be interpreted and construed by COUNTY, and its decision shall be final and binding upon all parties. C. The passing, approval, and/or acceptance by COUNTY of any of the services furnished by CONTRACTOR shall not operate as a waiver by COUNTY of strict compliance with the terms of this Agreement, and specifications covering the services. Packet Pg. 1428 J.6.a D. CONTRACTOR agrees that County Administrator or his designated representatives may visit CONTRACTOR'S facility (ies) periodically to conduct random evaluations of services during CONTRACTOR'S normal business hours. CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to COUNTY upon request. Section 8 NOTICES Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: To the COUNTY: Assistant County Administrator — Christine Hurley 1100 Simonton Street Key West, FL 33040 To the CONTRACTOR: Section 10. RECORDS CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Section 55.03 of the Florida Statutes, running from the date the monies were paid to CONTRACTOR. Section 11. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010-1990 AND 020-1990 The CONTRACTOR warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this agreement without liability and may also, in its discretion, deduct from the agreement or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. Section 12. CONVICTED VENDOR A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on an Agreement with a public entity for the construction or repair of a public building or public work, may not perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under Agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for the Category Two for a period of 36 months from the date of being placed on the convicted vendor list. Packet Pg. 1429 J.6.a Section 13. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. Section 14. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Section 15. ATTORNEY'S FEES AND COSTS The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, and court costs, as an award against the non -prevailing party. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the Circuit Court of Monroe County. Section 16. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. Section 17. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Section 18. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement shall not be subject to arbitration. Section 19. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. Packet Pg. 1430 J.6.a Section 20. NONDISCRIMINATION During the performance of this Agreement, the CONTRACTOR agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. Packet Pg. 1431 J.6.a Section 21. COVENANT OF NO INTEREST COUNTY and CONTRACTOR covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. Section 22. CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, and Monroe County ordinances and policies regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. By signing this Agreement, CONTRACTOR represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of terms of this contract shall result in termination of this Agreement and recovery of all monies paid hereto, suspension of the ability to bid on and perform County contracts, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONTRACTOR further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSULTANT has been placed on the convicted vendor list. CONTRACTOR will promptly notify the COUNTY if it or any subcontractor or CONTRACTOR is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. Section 23. NO SOLICITATION/PAYMENT The COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. Section 24. PUBLIC ACCESS Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: a. Keep and maintain public records required by Monroe County in order to perform the service. b. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. Packet Pg. 1432 J.6.a c. 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 contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d. Upon completion of the contract, transfer, at no cost, to Monroe County all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Monroe County, upon request from the public agency's custodian of records, in a format that is compatible with the information technology systems of Monroe County. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470, bradley- brian@monroecounty-fl.gov, c/o Monroe County Attorney's Office, 1111 12th St., Suite 408, Key West FL 33040. Section 25. NON -WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the COUNTY and the CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self- insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. Section 26. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. Section 27. LEGAL OBLIGATIONS AND RESPONSIBILITIES Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. Section 28. NON -RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Packet Pg. 1433 J.6.a Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. Section 29. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, including, but not being limited to, a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement, Lobbying and Conflict of Interest Clause, and Non -Collusion Agreement. Section 30. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. Section 31. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. Section 32. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. Section 33. INSURANCE POLICIES 33.1 General Insurance Requirements for Other Contractors and Subcontractors. As a pre -requisite of the work governed, the CONTRACTOR shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The CONTRACTOR will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the CONTRACTOR. As an alternative, the CONTRACTOR may require all Subcontractors to obtain insurance consistent with the attached schedules; however CONTRACTOR is solely responsible to ensure that said insurance is obtained and shall submit proof of insurance to COUNTY. Failure to provide proof of insurance shall be grounds for termination of this Agreement. The CONTRACTOR will not be permitted to commence work governed by this contract until satisfactory evidence of the required insurance has been furnished to the COUNTY as specified below. Delays in the commencement of work, resulting from the failure of the CONTRACTOR to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the CONTRACTOR's failure to provide satisfactory evidence. The CONTRACTOR shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced and/or termination of this Agreement and for damages to the COUNTY. Delays in the completion of work resulting from the failure of the CONTRACTOR to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the CONTRACTOR's failure to maintain the required insurance. Packet Pg. 1434 J.6.a The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either: • Certificate of Insurance or • A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non -renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on general liability and vehicle liability policies. 33.2 Insurance Requirements For Contract Between County And Contractor (Note: amounts of coverage are subject to change in final contract) Prior to the commencement of work governed by this contract, the CONTRACTOR shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Bodily Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 33.3 Vehicle Liability Insurance requirements The minimum limits acceptable shall be owner and non -owned and hired vehicles: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limit is: $200,000 per Person $300,000 per Occurrence $200,000 Property Damage Packet Pg. 1435 J.6.a The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 33.4 Workers' Compensation Insurance Requirements Prior to commencement of work governed by this contract, the CONTRACTOR shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with limits of not less than $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida 33.5 Professional Liability Requirements Recognizing that the work governed by this contract involves the furnishing of advice or services of a professional nature, the Contractor shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the Contractor arising out of work governed by this contract. The minimum limits of liability shall be: $250,000 per occurrence/$500,000 Aggregate Section 34. INDEMNIFICATION The CONTRACTOR does hereby consent and agree to indemnify and hold harmless the COUNTY, its Mayor, the Board of County Commissioners, appointed Boards and Commissions, Officers, and the Employees, and any other agents, individually and collectively, from all fines, suits, claims, demands, actions, costs, obligations, attorney's fees, or liability of any kind arising out of the sole negligent actions of the CONTRACTOR or substantial and unnecessary delay caused by the willful nonperformance of the CONTRACTOR and shall be solely responsible and answerable for any and all accidents or injuries to persons or property arising out of its performance of this contract. The amount and type of insurance coverage requirements set forth hereunder shall in no way be construed as limiting the scope of indemnity set forth in this paragraph. Further the CONTRACTOR agrees to defend and pay all legal costs attendant to acts attributable to the sole negligent act of the CONTRACTOR. At all times and for all purposes hereunder, the CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners. No statement contained in this agreement shall be construed so as to find the CONTRACTOR or any of his/her employees, contractors, servants or agents to be employees of the Board of County Commissioners for Monroe County. As an independent contractor the CONTRACTOR shall provide independent, professional judgment and comply with all federal, state, and local statutes, ordinances, rules and regulations applicable to the services to be provided. Packet Pg. 1436 J.6.a The CONTRACTOR shall be responsible for the completeness and accuracy of its work, plan, supporting data, and other documents prepared or compiled under its obligation for this project, and shall correct at its expense all significant errors or omissions therein which may be disclosed. The cost of the work necessary to correct those errors attributable to the CONTRACTOR and any damage incurred by the COUNTY as a result of additional costs caused by such errors shall be chargeable to the CONTRACTOR. This provision shall not 0 apply to any maps, official records, contracts, or other data that may be provided by the COUNTY or other public or semi-public agencies. The CONTRACTOR agrees that no charges or claims for damages shall be made by it for any delays or hindrances attributable to the COUNTY during the progress of any portion of the services specified in this contract. Such delays or hindrances, if any, shall be compensated for by the COUNTY by an extension of time for a reasonable period for the CONTRACTOR to complete the work schedule. Such an agreement shall be made between the parties. Packet Pg. 1437 J.6.a EXHIBIT A: SCOPE OF SERVICES Monroe County Board of County Commissioners anticipates seeking the services of a highly qualified professional engineering firm/consultant or a team of consultants to act on behalf of the County in independently reviewing FEMA's South Florida Coastal Risk MAP (Mapping, Assessment and Planning) development process for Monroe County. The selected consultant is expected to have extensive and relevant experience in the following areas: (1) Hydrodynamic modeling of coastal and estuarine systems, specifically in ADCIRC/SWAN and CHAMP/WHAFIS numerical models, (2) Conducting model hindcasts of historical storms for validating model performance, (3) Joint Probability Method (JPM) Analysis of hypothetical storms for determining the appropriate still water levels, (4) Knowledge on the model/method application issues including site specific model parameters, data limitations, assumptions, model uncertainty, interpretation of model results, etc., (5) FEMA's Risk Map Development process, (6) FEMA's coastal modeling/mapping guidelines and standards (7) Ability to communicate and explain to a varied audience, (8) Provide guidance and all necessary services to the county from commencement of the project until the final maps are delivered to, and accepted by the county. The successful firm will prepare a summary review report for each step of the SFL Coastal Risk MAP Study as described in the Tasks below. The summary reports will contain professional opinion on the appropriateness of FEMA's approach and results, and provide, whenever necessary, alternative suggestions to improve the quality of deliverables and enhance the quality of life and welfare of the community. The reports must be of quality and substance to act as supporting data and documentation of an appeal of the FEMA Risk Map work product if Monroe County deems an appeal necessary. The successful firm will have an understanding of the SFL Coastal Risk MAP study and the necessary knowledge to review and comment on submittals including the following: Task 1: Review of Existing Studies 1.1 —Coastal Discovery Report This report provides a summary of available information that may be used during the course of the South Florida Coastal Risk MAP study. - Data for flood risk products such as topography, transportation routes, jurisdictional boundaries, stream lines and hydrography, watershed boundaries, and publicly -owned lands. - FEMA related products such as community assistance visits, community rating system status, coastal barrier resources systems, flood insurance policies and repetitive loss properties, Hazus — MH data, and letters of map change. - Community level information on shore protection structures, critically eroded beaches and beach nourishment projects, critical facilities, dams, coastal high water mark data, land use, levees, mitigation plans and status, and mitigation projects. Deliverable: NONE Packet Pg. 1438 J.6.a 1.2 — South Florida Storm Surge Study (IDS #1) This report contains a description of FEMA's storm surge study, including the proposed methodology, background on the study area, field reconnaissance, digital elevation model (DEM) development, mesh development, storm climatology, and selection of the storm surge validation storms. - Creation of seamless topographic and bathymetric DEM - Creation of 2D mesh file for ADCIRC - LiDAR basics and ingestion of large LiDAR datasets - Bathymetric data obtained from GEODAS, USACE Hydro Surveys, and other possible sources of data - Conversion from tidal datums to orthometric datums - Creation of mesh QC tools Storm parameter and structure tests Tropical cyclone parameter analysis and synoptic climatology Validation of simulated peak surges and wave conditions with measured data Deliverables: 1. Consultant will prepare draft reports for Monroe County staff review summarizing the findings. Inconsistencies or deficiencies in the data analysis or study methods will be identified and described in the report. 2. Consultant will prepare a final report to address staff comments on draft report. 1.3 — South Florida Storm Surge Study (IDS #2) This report describes the storm surge and wave model setup, validation of the model, and development of the statistical methods and related testing. - ADCIRC and SWAN controls and forcing - ADCIRC model spatial attributes - Model validation using tide harmonic constituent data, surge descriptions and measurements, tide gage data, high water mark data, and wave buoy data - Calibration/verification of storms: wind and pressure fields Production of synthetic storms: meteorological parameters and tracks Deliverables: 1. Consultant will prepare draft reports for Monroe County staff review summarizing the findings. Inconsistencies or deficiencies in the data analysis or study methods will be identified and described in the report. 2. Consultant will prepare a final report to address staff comments on draft report. Packet Pg. 1439 J.6.a 1.4 — South Florida Storm Surge Study (IDS #3) This report documents the storm surge model production run methodology and results, the statistical analyses carried out to develop the index -level water elevations, and the starting wave conditions corresponding to the 1- and 0.2-percent-annual-chance events. - JPM Reference Set: JPM-OS storm set development - Statistical analysis of historic tropical cyclonic storms - Synthetic storms that characterize storm population - Standard deviations of secondary parameters - Effects of inclusion of secondary parameters on flooding calculations - Effect of astronomical tide on flooding frequencies - Effects of storms, tide amplitudes, and tide phases Deliverables: 1. Consultant will prepare draft reports for Monroe County staff review summarizing the findings. Inconsistencies or deficiencies in the data analysis or study methods will be identified and described in the report. 2. Consultant will prepare a final report to address staff comments on draft report. Task 2: Review of FEMA Work Maps 2.1 — Flood Risk Review Meeting FEMA will hold Flood Risk Review Meetings in Monroe County to release the Work Maps and associated reports. Consultant will attend meetings if requested to do so by Monroe County. Deliverable: Attendance at meetings. 2.2 — FEMA Work Maps and Coastal Flood Hazard Analysis (IDS#4 and IDS#5) Work Maps produced during the SFL Coastal Risk MAP study will be provided to Monroe County along with IDS#4 and IDS#5 reports. The reports document analyses of overland wave propagation, wave runup and overtopping, coastal structures, storm -induced erosion and development of the Base Flood Elevations (BFEs) for the 1-percent-annual chance event used to develop coastal floodplain mapping for both open coast and inland locations. The Work Maps provide updated mapping based on the updated stillwater elevations, wave height analyses, and topography. - PFD determinations - Limit of Moderate Wave Action (LiMWA) delineations - Inland limits of the 1 % and 0.2% chance floods - Identification of coastal gutter lines and BFEs Packet Pg. 1440 J.6.a Deliverables: 1. Consultant will prepare draft reports for Monroe County staff review summarizing the findings. Inconsistencies or deficiencies in the data analysis or study methods will be identified and described in the report. 2. Consultant will prepare a final report to address staff comments on draft report. 2.3 — FEMA Work Maps and Current Effective FIRMs Comparison Consultant will review the FEMA Work Maps (FIRMs) in comparison with the effective maps and will work with County to identify a subset of transects for detailed examination, based on modeling. Consultant will provide supporting engineering calculations to determine inconsistencies with FEMAs draft maps and modeling related to VE/AE boundaries, inland limits of the 1 % and .2% annual chance of floods, limit of moderate wave action (LiMWA), and Base Flood Elevations. GIS shapefiles used to create the DRAFT FIRMs will be compared to the consultant output to verify consistency with model results and mapping standards. Errors, inconsistencies, and recommendations for improvement will be provided for consider by county and county will decide whether comparison will be presented to FEMA and their contractors. If County decides to present to FEMA and their contractors, consultant will do so. Deliverables: 1. Consultant will prepare draft reports for Monroe County staff review summarizing the findings. Inconsistencies or deficiencies in the data analysis or study methods will be identified and described in the report. 2. Consultant will prepare a final report to address staff comments on draft report. 3. Present to FEMA, if requested by the County. Task 3: Review of FEMA Preliminary FIRMs 3.1 — Flood Community Consultation Officers (CCO) and Public Meetings FEMA will hold CCO and public meetings in Monroe County to release the Preliminary FIRMs and FIS. Consultant will attend meeting if requested to do so by Monroe County. 3.2 — FEMA Preliminary FIRMs and Flood Insurance Study Preliminary FIRMs produced during the SFL Coastal Risk MAP study will be provided to Monroe County along with the revised Flood Insurance Study (FIS). The FIS report will document the steps taken to prepare the FIRMs and will provide a transect by transect summary of return period water levels, as well as wave conditions and wave setup values for the 1-percent-annual-chance event. Supporting data used and created by FEMA during the Risk MAP study will be provided to the County for review and comment. - 1 % and 0.2% wave conditions - 1 % and 0.2% total water levels - CHAMP database - WHAFIS wave height calculations - Run-up and overtopping calculations - Dune erosion analysis - Coastal structure analysis - Incorporation of previously issued Letters of Map Revision Packet Pg. 1441 J.6.a Geospatial files developed during the Risk MAP study 3.3 — Consultant will identify issues not corrected by FEMA during Task 2 Consultant will confirm changes since the Draft Maps and to identify issues not corrected by FEMA during Task 2. Consultant will review the supporting documentation, model results, and mapping files form FEMA regarding the changes. This review will follow the same steps described above for Task 2. Deliverable: Consultant will prepare a report documenting changes since the Draft Maps, within 60 days of the Preliminary Map issuance, as well as any errors or omissions made by FEMA in preparation of the preliminary maps. Task 4: Review Preliminary Coastal Study and FIRMs If the results of Task 3 work indicate that an appeal of the Preliminary Coastal Study and FIRMs is warranted, and if County directs consultant, the necessary scientific and technical documentation to support the appeal in accordance with 44 CFR Par 67 will be prepared during this task. Consultant will prepare appeal in FEMA deliverable format for County. Deliverables: Consultant will prepare a report, within 30 days of the Preliminary Coastal Study and FIRMs, recommending the map panels to be appealed and specifics of the appeals on each panel. 2. Consultant will produce the technical modeling, within 30 days of the Preliminary Coastal Study and FIRMs, for the appeals that County decides to undertake, and will produce any appeal/application document 45 days prior to deadline to appeal, within the FEMA review process. Task 5: Individual Property Owner Appeal Review Consultant will consolidate and review appeals submitted by individual property owners to determine whether the information or data submitted is sufficient to forward to FEMA to comply with Part 67.6 of the NFIP regulations. - Appeals submitted by property owners or lessee of real property located in Unincorporated Monroe County within ninety (90) days following of the release of the preliminary FIRMs will be collected by Chief of Floodplain Regulatory Operations, Monroe County BOCC. Copies of all individual appeals will be forwarded to FEMA and to the consultant by Chief of Floodplain Regulatory Operations as soon as they are received and to the Federal Insurance Administrator for information and placement in the Flood Elevation Determination Docket (Part 67.7 (b) of the NIFP regulations). - Within the ninety (90) days of receiving a property owner or lessee appeal, consultant will review and consolidate all appeals submitted by private persons and issue an opinion stating whether the evidence presented is sufficient to justify an appeal on behalf of such persons by unincorporated Monroe County. Deliverable: Consultant will prepare report documenting the proposed changes for each individual appeal along with sufficiency findings for each induvial appeal. If requested, the consultant will submit the appeals to FEMA on behalf of Monroe County. Hourly Rates should apply Task 6: Appeal Filing and Testimony Consultant may provide appeal filing, as requested by County for appeal. Hourly Rates should apply Packet Pg. 1442 J.6.a Task 7: In Person Meetings In person Meetings, as coordinated by the County where Consultant will attend in person meetings before the public, special interest groups, Board of County Commission Meetings, as coordinated by the County. Packet Pg. 1443 J.6.a SECTION THREE: RESPONSE FORMS RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o Purchasing Department 1100 Simonton Street GATO BUILDING, ROOM 2-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 1 acknowledge receipt of Addenda No. (s) I have included ❑Lobbying and Conflict of Interest Clause ❑Non -Collusion Affidavit ❑Drug Free Workplace Form ❑Public Entity Crime Statement ❑Copy of business tax receipt ❑Insurance Requirements In addition, I have included a current copy of the following professional licenses: If the applicant is not an individual (sole proprietor), please supply the following information: APPLICANT ORGANIZATION: (Registered business name must appear exactly as it appears on www.sunbiz.org) Any applicant other than an individual (sole proprietor) must submit a printout of the "Detail by Entity Name" screen from Sunbiz, and a copy of the most recent annual report filed with the Florida Department of State, Division of Corporations. Annual Fee for services included in Contract: $ The fee is an all-inclusive cost. No additional costs or fees will be paid, including but not limited to travel costs, per diems, telephone charges, facsimile charges, and postage charges. Mailing Address: Signed (Check mark items above, as reminder that they are included) (Print Name) Telephone: Fax: Date: Witness: STATE OF: Subscribed and sworn to (or affirmed) before me on (date) by produced (Title) COUNTY OF: (name of affiant). He/She is personally known to me or has (type of identification) as identification. NOTARY PUBLIC My Commission Expires: LOBBYING AND CONFLICT OF INTEREST CLAUSE Packet Pg. 1444 J.6.a ETHICS CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA (Company) "...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee." STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by me or has produced identification. (Signature) Date: (name of affiant). He/She is personally known to (type of identification) as NOTARY PUBLIC My Commission Expires: Packet Pg. 1445 NON -COLLUSION AFFIDAVIT J.6.a I, of the city of under penalty of perjury, depose and say that: 1. 1 am according to law on my oath, and of the firm of the bidder making the Proposal for the project described in the Request for Proposals for and that I executed the said proposal with full authority to do so; 2. The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4. No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; and 5. The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by me or has produced identification. Expires: (name of affiant). He/She is personally known to (type of identification) as NOTARY PUBLIC My Commission 341�' i g e Packet Pg. 1446 J.6.a DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statutes Section 287.087 hereby certifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person requirements. (Signature Date: STATE OF: COUNTY OF: authorized to sign the statement, I certify that this firm complies fully with the above Subscribed and sworn to (or affirmed) before me on produced (date) by (name of affiant). He/She is personally known to me or has (type of identification) as identification. NOTARY PUBLIC My Commission Expires: Packet Pg. 1447 J.6.a PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither has been placed on the convicted vendor list within the last 36 months. (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (Respondent's name) nor any Affiliate (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification NOTARY PUBLIC My Commission Expires: Packet Pg. 1448 J.6.a MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL Indemnification and Hold Harmless For Other Contractors and Subcontractors The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by negligence, errors, or other wrongful act of omission of the Contractor or its Subcontractors in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. WORKERS' COMPENSATION Packet Pg. 1449 J.6.a INSURANCE REQUIREMENTS FOR GROUP HEALTH INSURANCE CONSULTING SERVICES BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida If the Contractor has been approved by the Florida's Department of Labor, as an authorized self -insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. Packet Pg. 1450 J.6.a GENERAL LIABILITY INSURANCE REQUIREMENTS FOR FEMA COASTAL RISK MAP DEVELOPMENT CONSULTING SERVICES BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability • Professional Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 100,000 _ per Person $ 300,000 per Occurrence $_ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. Packet Pg. 1451 J.6.a BUSINESS AUTOMOBILE LIABILITY INSURANCE REQUIREMENTS FOR FEMA COASTAL RISK MAP DEVELOPMENT CONSULTING SERVICES BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Business Automobile Liability Insurance. Coverage will be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non -Owned, and Hired Vehicles The minimum limits acceptable is: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable are: $200,000 per Person $300,000 per Occurrence $200,000 Property Damage The Monroe County Board of County Commissioners will be named as Additional Insured on all policies issued to satisfy the above requirements. Packet Pg. 1452 J.6.a MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL WAIVER OF INSURANCE REQUIREMENTS There will be times when it will be necessary, or in the best interest of the County, to deviate from the standard insurance requirements specified within this manual. Recognizing this potential and acting on the advice of the County Attorney, the Board of County Commissioners has granted authorization to Risk Management to waive and modify various insurance provisions. Specifically excluded from this authorization is the right to waive: • The County as being named as an Additional Insured — If a letter from the Insurance Company (not the Agent) is presented, stating that they are unable or unwilling to name the County as an Additional Insured, Risk Management has been granted the authority to waive this provision. F—Arfiro • The Indemnification and Hold Harmless provisions Waiving of insurance provisions could expose the County to economic loss. For this reason, every attempt should be made to obtain the standard insurance requirements. If a waiver or a modification is desired, a Request for Waiver of Insurance Requirement form should be completed and submitted for consideration with the proposal. After consideration by Risk Management and if approved, the form will be returned, to the County Attorney who will submit the Waiver with the other contract documents for execution by the Clerk of the Courts. Should Risk Management deny this Waiver Request, the other party may file an appeal with the County Administrator or the Board of County Commissioners, who retains the final decision -making authority. Packet Pg. 1453 MONROE C�OUNITY, FLORIDA Request For Waiver of Insurance RequJirements It lis requested that thie insurance requirements, as specified iin the Clouinty's Schedule of I nsiuranice Requirements, tbe, waived or modified ol,n the following conlFact: Contiraclor: Contract far:: Address olf Contractor Phone: Scope of Work: Reason for W,aiiver Policies Waiver will apply to'. Signature of ConlFactor- Approved Not Approved Risk Management: Dale: County Adiministratof appeal Approved Not Approved Dale: Board of County Gornmissiloniers appeall: Approved Not Approved Meeting Cate� SIGNATURE 42 1 P a g c I Packet Pg. 1454 1 J.6.c w C) rt py_uo u D z ui ui n EL U) P� Iwo � j f rA Cu to I J...a ...... ..�.. Im• .,.,.,..,A_ q � � u Cu a 1 r'l as „t o/ 8pcaa q� qy o yy"� yy p 0 t rl i .A..�m w� . F.. r ""' YCn Cu E Packet Pg. 1455 J.6.d MONROE COUNTY CONTRACT FOR FEMA Coastal Risk MAP Development Consulting Services THIS AGREEMENT is made and entered into this day of ..................._........__._ _ .a by MONROE COUNTY ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 and THE D HOLE GROUP, INC. ("CONTRACTOR"), whose address is 107 Waterhouse Road, Bourne, MA 02532 (collectively, the "Parties"). Section 1. SCOPE OF SERVICES as described in the Scope of Services — Exhibit A — which is attached hereto and made a part of this Agreement. authorized 1.1 The CONTRACTOR shall maintain adequate staffing levels to provide the services required under the Agreement resulting from this RFP process. 1.2 The personnel shall not be employees of or have any contractual relationship with the County. To the extent that Contractor uses subcontractors or independent contractors, this Agreement specifically requires that subcontractors and independent contractors shall not be an employee of or have any contractual relationship with County. 1.3 All personnel engaged in performing services under this Agreement shall be fully qualified, and, if required, to be authorized or permitted under State and local law to perform such Section 2. QUALIFICATIONS C A Y OF CONTRACTOR i The CONTRACTOR must warrant that it has not employed or retained a company or persona other than a bona fide employee, contractor or subcontractor, working in its employ, to solicit or secure a contract with the County and that it has not paid or agreed to pay any persona company, corporation, individual or firm other than a bona fide employee, contractor or subcontractor, working in its employ any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the County. The following persons will provide the services under this Agreement; Page 1 of 20 Contra / _ County J.6.d M. Le fie F�6ds Project Manager overseeing FEMA CHAMP modefinga US serv�ces, and flood mapping Putt ShuKz TecU� cap II._ead overseeing and condu. ding review of ADCRC/SWAN modefinga storm cfimatoogy assessment, and engg needng anMy � Kirk Bosma / C/ u. bject matter expert for ADCRC/SWAN modefinga storm cfimatoogy assessment, and engg needng anaa y � Arden Herds CHAMP modefinga engg needng anMys�s of wave runup, overtoppp g, and structurM taflure Wch Buck Engg needng anMys�s of Bros on, wave runup, overtoppp g, and tru cturM faUure Alex Shaw CHAMP modefinga engg needng anMys�s of wave runup, overtoppp g, and structurM taflure Effie Leduc Feature defineafiono database management and flood zone/ FE mappmg Grace Medley CHAMP modefinga engg needng anMys�s of wave runup, p, overtoppp g, Nduu��. -W9 - -- ny change to the above -fisted per onnO requres nofiticatlon to the County, �n wdfing, �th n terse (3) business days after �mpu ementation of the change. ecfion 3. TERM OF AGREEMENT The �n�fia� contract term �U be for five (5) years beg�nn ng August 21, 2019 or thereafter upon receipt of �gned contract by both parties, renewa e at the County'County's opfion for two (2) ad6fionaa consecutive 1-year terms. ection 4. CQJMPENSA ON Compensation �s to be made Lased on tasks and the competed percentage of each task MontWy. Task 1, 20 30 and 4 wfly be e tabfis ed as a fixed cost. Task 50 50 and 7 are hou dy rates, Lased on work needed by County. ection 5. PAYMENT TO CONTRACTOR 5.1 Payment wfly be made accor6ng to the F�odda LocM Government Prompt Payment Act. Any request t for payment must be �n a form safisfactory to the Clerk of Courts for Monroe County (C�erk). The request t must descdbe �n detail the servaces performed and the payment amount requested. ted. The CONTRACTOR must submo t �nv6ces to the appropriate offices of the dog n� trative Drector of Perms tdng. The respective office superwsor and the � tant County dog n� tratoro who wfly review the request, t, note Hsihe" approve on the request t and forward �t to the 0erk for payment. 5.2 Confinuation of tHs Agreement �s contingent upon annu as appropda on by Monroe County Fags 2 of 20 Contractor __ _ County J.6.d Board Of County Commissioners. 5.3 the COUNTY will provide a notice t0 proceed for each task and subtask in Exhibit A. 5.4 the compensation for services in Exhibit A, will be payable based On percentage Of completion Of each task and subt s s. CONTRACTOR t0 submit an invoice monthly for services provided during the preceding month. Section 6. CONTRACT TERMINATION Either party may terminate this Agreement because Of the failure Of the Other party t0 perform its Obligations under the Agreement. COUNTY may terminate this Agreement with Or without cause upon thirty (30) days' notice t0 the CONTRACTOR. COUNTY shall pay CONTRACTOR for work performed through the date Of termination. The COUNTY t its' sole Option can terminate the contract at any point. Section 7. CONTRACTOR'S ACCEPTANCE OF CONDITIONS 7.1 CONTRACTOR hereby agrees that he has carefully examined the PFP, response, and this Agreement and has made a determination that he/she has the personnel, equipment, and Other requirements suitable t0 perform this work and assumes full responsibility therefore. The provisions Of the Agreement shall control any inconsistent provisions contained in the specifications. All specifications have been read and carefully considered by CONTRACTOR, who understands the same and agrees t0 their sufficiency for the work t0 be done. Under no circumstances, conditions, Or situations shall this Agreement be more strongly construed against COUNTY than against CONTRACTOR. 7.2 Any ambiguity Or uncertainty in the specifications shall be interpreted and construed by COUNTY, and its decision shall be final and binding upon all parties. 7.3 The passing, approval,and/or acceptance by COUNTY Of any Of the services furnished by CONTRACTOR shall not Operate as a waiver by COUNTY Of strict compliance with the terms Of this Agreement, and specifications covering the services. 7.4 CONTRACTOR agrees that County Administrator Or his designated representatives may visit CONTRACTOR'S fcility(ies) periodically t0 conduct random evaluations Of services during CONTRACTOR'S normal business hours. CONTRACTOR has, and shall maintain throughout the term Of this Agreement, appropriate licenses and approvals required t0 conduct its business, and that it will at all times conduct its business activities in reputable manner. Proof Of such licenses and approvals shall be submitted t0 COUNTY upon request. Section 6. NOTICES Any notice required Or permitted under this agreement shall be in writing and hand delivered Or mailed, postage prepaid, t0 the Other party by certified mail, returned receipt requested, t0 the following: TO the COUNTY: Assistant County Administrator — Christine Hurley 1100 Simonton Street Key West, FL 33040 TO the CONTRACTOR: The Woods Hole Group, Inc. Page 3 of 20 Contractor County J.6.d 197 Waterhouse Road Bourne, IIA 9232 Attn- Lesfie Reeds ecfuon 9. RESERVED ecfuon 19. RECORDS CONTRACTOR ACTO shaH mauntaun MI books, records, and documents 6recf0y p erfunent to performance under tHs Agreement un accordance Wth generaHy accepted accounf ng pdnco p0es conso stenf0y app pied. Each party to tHs Agreement or th6r auth dzed rep rese tafuves shaH have reaso aMe and f mOy access to such records of each other party to tHs Agreement for pubfic records purposes duHng the term of the agreement and for four years foflo ung the fermi naf on of tHs Agreement. If an audkor empdyed by the COUNTY or C9erk deferm nes that mc Nes pad to CONTRACTOR ACTO pursuant to tHs Agreement were spent for purposes not auth dzed by tHs Agreement, the CONTRACTOR shaH repay the monr es together Wth unteresf cMcUafed pursuant to Secdon 55.03 of the fs" o da Statutes, runny ng from the date the mc Nes were pad to Secflon1l. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010-1990 AND 020-1990 The CONTRACTOR ACTO arrants that of has not empdyed, retauned or otherWse had act on ufs behaQf any former County officer or empoyee subject to the proHHf on of Secdon 2 of Ord"onance No. 919-1999 or any County officer or empoyee un vuoof on of Secfion 3 of Ord"onance No. 929-1999. For breach or vuoof on of f s provusuo o the COUNTY may, un ufs 6scref on, terms nate f s agreement Mhout fiat Outy and may aOso, un ufs 6scref on, deduct from the agreement or purchase p 6ce, or otherWse recover the fuH amount of any fee, commo soon, percentage, guft, or consuderaf on pad to the former County officer or empoyee. Secflon 12. CONVICTED VENDOR A person or aff tuts who has been paced on the convected vendor Oust foflo ung a convucf on for pubfic enfuty cHme may not submuf a Hd on an Agreement wfth a pubfic enfuty for the construcf on or repaur of a pubfic bufl ng or pubfic work, may not perform work as a CONTRACTOR, supp pier, subcontractor, or CONTRACTOR ACTO under Agreement Wth any pubfic enfuty, and may not transact busuness Wth any pubfic enfuty un excess of the threshoVd amount proMed un Secfion 287.017 of the fs" o da Statutes, for the Category Two for a p edod of 36 months from the date of b6ng paced on the convected vendor fist. ecdon 13. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES THs Agreement shaH be governed by and construed un accordance Mh the Oaws of the State of FBorida app fica e to Agreements made and to be performed enfureBy un the State. In the event that any cause of acdon or adm nr strafuve procee ng us unsfututed for the enforcement or unterpretaf on of tHs Agreement, the COUNTY and CONTRACTOR ACTO agree that venue shaH He un the appropriate court or before the appropriate adm nr strafuve body un IMonroe County, fs" o dda. Page 4 of 20 Contiractou - ---- County J.6.d If any terry, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement weld prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Section 15. ATTORNEY'S FEES AND COSTS The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, and court costs, as an award against the non -prevailing party, Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the Circuit Court of Monroe County. Section 16, BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. Section 17. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Section 18. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement shall not be subject to arbitration. Section 19. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreements COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. Fags 5 of 20 Contractor __ __ _ County J.6.d Section 20, NONDISCRIMINATION During the performance of this Agreement, the CONTRACTOR agrees as follows; 20.1 The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion@ sex, sexual orientation, gender identity@ or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation-, and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 20.2 The contractor will@ in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation@ gender identity, or national origin. 20.3 The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee' essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 20.4 The contractor will send to each labor union or representative of workers with which it has collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 20.5 The contractor will comply with all provisions of Executive Order 11246 of September 24e 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 20.6 The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations@ and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 20.7 In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, Page 6 of 20 C ontractcO w County J.6.d terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts In accordance with procedures authorized In Executive Carder 11246 of September 24, 1965, and such other sanctions may be Imposed and remedies invoked as provided in Executive Carder 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. Section 21, COVENANT OF NO INTEREST COURTY and CORTAACTO. covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Section 22. CODE OF ETHICS vendor list. The COUNTY and CONTRACTOR warrant that, In respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration, Pt ' IP ge '7 of 20 o ti ctai �r_ (Oua, ty .... J.6.d Section 24. PUBLIC ACCESS Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public records Is of the State of Florida, including but not limited to, 24,1 Keep and maintain public records required by Monroe County in order to perform the service, 24.2 Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law, 243 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 contract term and following completion of the contract if the contractor does not transfer the records to the public agency, 24.4 Upon completion of the contract, transfer, at no cost, to Monroe County all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service, if the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements, if the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Monroe County, upon request from the public agency's custodian of records, in a format that is compatible with the information technology systems of Monroe County, CONTRACTORIF THE APPLICATION CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, ,,RIAN , c/o Monroe County Attorney's Office, 1111 12th St., Suite 408, Key West FL 33040. Section 25. NON -WAIVER OF IMMUNITY Section 26. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rule and pensions and relief, disability, workers' compensation, and other benefits which apply to the Fags 8 of 20 Contractor __. ___ County J.6.d activity of effacers, agents, or empOoyees of any p ub5c agents or empOoyees of the COUNTY, when performing their respective functions sunder this Agreement within the herrihoriaa 5mits of the COUNTY shaH appI to the same degree and extent to the performance of such functions and duties of such officers, agents, voV unheer ,car empOoyees outside the herruhoria0 firnits of the COUNTY. Section 27. II...E AL OBI ...IGAT ONS AND RESP JN0II...OTi E Non -Dee e ation of Constit utiona0 or Statutory Duties. This Agreement is not intended to, nor shafl an be construed as, refieving any participating entity from any obfi ation or responsibifity imposed upon the entity by Vaw except to the extent of act ua0 and timejy performance thereof by any participating entity, an which case the performance may be offered an satisfaction of the obfi ation or responsibi ah . Further, this Agreement is not intended to, nor shaH an be construed as, authorizing the deVe ahuon of the con huhuhuona0 or statutory duties of the COUNTY, except to the extent permitted by the Roruda constitution, state statute, and case Oa . Section 23. NON-RELI ANCE BY NON-PARTE No person or entity shafl be entut0ed to re0y upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party oWrn or entifle ent to or benefit of any service or program contemp� ated hereunder, and the COUNTY and the CONTRACTOR agree that Heather the COUNTY nor the CONTRACTOR or any agent, officer, or eo° &yee of either shaH have the authority to inform, coun eV, or otherwise indicate that any particWar unduvud ua0 or group of unduvud uaV , entity or entities, have entiflements or benefits sunder this Agreement separate and apart, inferior to, or superior to the community in generaV or for the purposes contemp� ated in this Section 29. ATTESTATIONS ION CONTRACTOR agrees to execute such documents as the COUNTY may reasonaNy require, anoWin , but not Laing firnited to, a P ub5c Entity Crime Statement, an Ethics Statement, and a Drug -Free Workp0ace Statement, Lobbying and Conflict of Ontere t CVaue, and Pion-Cofl u ion Section 39. NO PERSONAL LIABLL Y No covenant or agreement ent contained Derain shafl be deemed to be a covenant or agreement ent of any member, officer, agent or emp� o ee of Monroe County are his or her andavad ua0 capacity, and no member, officer, agent or eo° &yee of Monroe County shafl be HaWe personafly on this Agreement or be subject to any personal fiabifity or accountabifity by reason of the execution of this Agreement. Section 31. EXECUii ON ON COUNTERPARTS This Agreement may be executed an any number of counterparts, each of which shafl be regarded as an oru unaV, aV0 of which taken together shaH constitute one and the same instrument ent and any of the parties hereto may execute this Agreement by signing any such counterpart. Section 32. SECTN I IEADNGS Section Readings have been inserted an this Agreement as a matter of convenience of reference 0_� J.6.d Myq and ft fls agreed that such secfio n heaftgs are not a part of tHs Agreement and wHI not be used fln the flnterpretaf on of any prWsflo n of tHs Agreement. Secffl n 33. INSURANCE POL-ICIES 33.1 Genera0 Insurance RegWre ents for Other Contractors and Subcontractors. As a pre-regWs to of the work governed, the CONTRACTOR shall obtaIn, at Hs/her own expense, flnsurance as sp cffied fln any attached scheduIesq wHch are made part of tHs contract. The CONTRACTOR WH ensure that the Insurance obtaa ned WH extend protec on to aII Subcontractors engaged by the CONTRACTOR. As an after afiveq the CONTRACTOR may regWre aH Subcontractors to obtaIn Insurance consistent Wth the attached scheduIesa however CONTRACTOR Is soIeIy responsIWe to ensure that said Insurance Is obtaa ned and shaII submit proof of Insurance to COUNTY. Faflure to provide proof of Insurance shall be grounds for term unafion of thti s Agreement. The CONTRACTOR Wfl not be perm tied to commence work governed by tHs contract unfiI saf sfact ry evidence of the regWred Insurance has been furnvied to the COUNTY as spec led Wow. Delays In the commencement of work, resu ng from the faflure of the CONTRACTOR to prWde saf sfact ry Wdence of the regWred Insurance, shafl not extend deadfines spec led In tHs contract and any pen. es and faflure to perform assessments shaII be Imposed as If the work commenced on the specified date and fI eq except for the CONTR CTOR's faflure to prWde saf sfact ry Wdence. The CONTRACTOR shaII maIntaIn the regWred Insurance throughout the entire term of tHs contract and any extensions spec led In the attached scheduIes. I:.Aura to compIy Wth tHs prWsIo n may result In the Imm e6ate suspension of aH work unfiI the regWred Insurance has been r6nstated or replaced and/or termI afion of tHs Agreement and for damages to the COUNTY. DeIays �n the compIefion of work resuffing from the faflure of the CONTRACTOR to maIntaIn the regWred Insurance shall not extend deadHnes spec led In tHs contract and any pen. es and faflure to perform assessments shaII be Imposed as If the work had not been suspended, except for the CONTR CTOR's faflure to maIntaIn the regWred Insurance. The CONTRACTOR shafl prWde, to the COUNTY, as safisfactory Wdence of the regWred flnsurance, efther4 • Cerdficate of Insurance r • A Cerd led copy of the actuaI Insurance p IIcy. The County, at Its s Ie opfion, has the dght to request a cert led copy of any or aII Insurance poHcIes regWred by tHs contract. All Insurance poHcIes must specify that they are not subject to canceHafio , non-renewaI, atedaI change, or reducfion In coverage uMess a rnInImum of tHrty (30) days pdor The acceptance and/or appr vaI of the Contractor's Insurance shafl not be construed as reHevIng the Contractor from any HabflIty or obHgafio n assumed under tHs contract or Imposed by Iaw. The Monroe County Board of County Commissioners, Its empo yees and officWs WH be "age 10 of 20 Contiracto __ . _ ........ c unty ..... J.6.d uncnuded as " d6fion n Dnsured" on genera fl booty and vehUe H booty poHcc es. 33.2 0nsur ace Requirements For Contract Between County And Contractor (Note- amounts of coverage are subject to change In final contract.) Pdor to the commencement of work governed by tHs contracts the CONTRACTOR shaH obt un GenerM U bunuty 0nsur ace. Coverage shaH be may nt tined throughout the ffe of the contract and �ncOudes as a ununuu um: • Bodfly Dnjury U bNty • Expanded Detunution of Property Damage The ununuu um Hrnis acceptaUe shaH be: $300,000 Combuned &ng0e Urns t (C L) Ot spfit Hrnis are prov�deds the ununuu um fim° is acceptaUe shaH be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage n Occurrence Forums policy us preferred. Ot coverage �s provided on a Cna ums Nude poficys tits provusuons shoo d uncUe coverage for cna ums filed on or after the effective date of tHs contract. 0n addffion, the pedod for h�ch cUrns may be reported shouu d extend for un�nuu um of twelve (12) months foflo ng the acceptance of work by the County. The Monroe County Board of County Commussuoners sb n0 be named as Addffionan Dnsured on Mpofic�es ussued to satisfy the above requirements. 33.3 i1eHcu e U b�fity 0nsur ace requirements The rnuN um flm° is acceptaUe shaH be owner and non -owned and Hred veHcu es: $300s000 Cou Uned Sung0e Urns t (C L) Of spout Hrnis are prov�deds the ununuu um Hrnt us: $200s000 per Person $300s000 per Occurrence $200s000 Property Damage The Monroe County Board of County Commussuoners shaH be named as Addffionan ensured on afl pouucues ussued to s turfy the above requure eats. Pdor to commencement of work governed by the s contracts the CONTRACTOR shaH state statutes. tin addffion, the CONTRACTOR shaH obt tin Emp� dyers" U buuuty unsur ace Wth flm° is of not tress than: J.6.d $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. 315 Professional Liability Requirements Recognizing that the work governed by this contract involves the furnishing of advice or services of a professional nature, the Contractor shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the Contractor arising out of work governed by this contract. The minimum limits of liability shall be: $250,000 per occurr nc i$5008000 Aggregate Section 34. INDEMNIFICATION The CONTRACTOR does hereby consent and agree to indemnify and hold harmless the COUNTY, its Mayor, the Board of County Commissioners, appointed Boards and Commissions, Officers, and the Employees, and any other agents, individually and collectively, from all fines, suits, claims, demands, actions, costs, obligations, attorney's attorney'fees, or liability of any kind arising out of the sole negligent actions of the CONTRACTOR or substantial and unnecessary delay caused by the willful nonperformance of the CONTRACTOR and shall be solely responsible and answerable for any and all accidents or injuries to persons or property arising out of its performance of this contract. The amount and type of insurance coverage requirements set forth hereunder shall in no way be construed as limiting the scope of indemnity set forth in this paragraph. Further the CONTRACTOR agrees to defend and pay all legal costs attendant to acts attributable to the sole negligent act of the CONTRACTOR, At all times and for all purposes hereunder, the CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners. No statement contained in this agreement shall be construed so as to find the CONTRACTOR or any of his/her employees, contractors, servants or agents to be employeesof the Board of County Commissioners for Monroe County. As an independent contractor the CONTRACTOR shall provide independent, professional judgment and comply with all federal, state, and local statutes, ordinances, rule and regulations applicable to the services to be provided. damage incurred by the COUNTY as a result of additional costs caused by such errors shall be chargeable to the CONTRACTOR. This provision shall not apply to any maps, official records, contracts, or other data that may be provided by the COUNTY or other public or semi-public Page 12 of 20 Contractor _�`� �__Ounty J.6.d IN WITNESS WHEREOF each party has caused this Agreement to be executed by its duly authorized representative on the day and date first written above. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 1 oaf 2 ��. ntil r�ctoii° �w'�:�u�°��: YAM Attest: KEVIN MADOK CLERK OF COURT VA Deputy CIerk Attest:: By "-wirrNESS BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 91M Mayor THE WOODS HOLE GROUP. INC. . ............ . ......... .. .. .. ..... .. .. .. .. .. .. Robe( Harrifton, jr, TftIe 4( TitIe' President 000, '010/ WITNESS 'nue" 2 ..... . . . . ST (�'A AT OF COUNTY OF On fts day of �s 2019, before me appeared Robert P. HamRon, Jr., Pres�dent of The Woods HoIe Stoup, Inc., the person whose name Is subscdbed above, and who produced - L±L-1 - as Oenfificafion, or Is personaIly known to me, and acknowIedged that he/she Is the person who executed the above Contract for the purposes therein contained. ALAl, Al 4NIA Niifiu' y i`ubfic ...... ......... Pdnt Name My cornrnlss�on exjplr om CATHERINE A. MOREY ....... . .. Notary Public F MASSACHUSETTS F.'age 14 of 20 Contract.( 0 r 1,7 se COMMONWEALTH OF MASSACHUSETTS ... Ounty My Commission Expires January 6, 2023 J.6.d EXHIBIT m SCOPE OF SERVICES Ser0ces OncWe Onde enden40y re0ewOng FEMA's South Rodda CoasW R sk MAP QMOng, Assessment and P° annOng) dev Oopmen4 process for Monroe County. CONTRACTOR sha00 prepare a summary re0ew report for each step of the South Ronda CoasW R sk MAP Study as descdbed 0n the Tasks boo . The summary reports sha0 conta0n profesonaO opOnon on the appropdateness of FEMA's approach and resu , and proOde, whenever necessary, akernaflve suggesfions to Omer ve the gay 004y of defiveraWes and enhance the gay 004y of fife and weffare of the commuri0ty. The reports must be of gay 004y and substance to act as uppor ng data and documenta ion of an appea0 of the FFMA R sk Map work product 0f Monroe County deems an appea0 necessary. FEE SCHEDULE foflows Task 7„ CCDMPEN AT11ON shafl be pursuant to Secfion 4. of Agreement., "ask 1 m Revilew of ExistingSteadies 1 „1 — CoasW DOscovery Report THs report proOdes a summary of avaflaWe Oar orma on that may be used during the course of the South Rodda CoasW R sk MAP study., Data for food dsk products such as topography, transportafion routes, judsft40ona° bound des, stream fines and hydrography, watershed bound des, and ubfic0y---ow ed Oand . FFMA r 0 4ed products such as comma nifty ass0stance 004 tl comma nifty rating system status, coasW bander resources systems, flood Onsurance pofic0es and re e4040ve foss roper es, O azu — MH data, and fetters of map change. Comma nifty 0evO Oar orma on on shore protecfion structures, cdfic OOy eroded beaches and beach nc udshment projects, cdfic 0 f c0004 es, dams, coasW Ngh water mark data, Oand use, 0evee tl mkt g fOon p0ans and status, and mfig 40on proJects. DefiveraWe:: NONE 1.2 — South Rodda Storm Beggs Study (IDS 1) THs report conta0ns a de cdpfl n of FEMA's storey surge study, Once u6ng the proposed methodoogy, background on the study area, fi Od reconn0 nce, d` ka0 Oevaflon modO (CFM) dev Oopment, mesh deveOo ment, storm cfim toy ogy, and s0ecfion of the storm surge v OOd floe storms. Creaflon of seamfess topograpNc and bathymetdc CFO -. Creation of 2D mesh Me for ACCIIRC - L0AR basics and Ongesfion of Wge UDAR d t et - Bathymetdc data obta4 ned from GEODAS, U ACE Hydro Surveys, and other possWe sources of data e J.6.d Conversuon from fidall datums to orthomettdc datums Creaflon of mesas QC toos Storm parameter and structure tests Tropuca0 cycllone parameter anallysus and synopfic climatology Vafidafion of suu°o ut ated peak surges and wave condffions Wth measured data WMHOMMOM 1. Consuttant wfll prepare draft reports for Monroe County staff rewew summarOng the fundungs. �nconsusttencues or deficuencues un the data anallysus or study methods wfll be Henfifued and descHbed h the report. 2. Consultant WH prepare a funall report to address staff comments on draft report. 1.3 - South Flo dda Storm Surge Study (OS #2) Ths report descHbes the storm surge and wave modeO setup, valfidaflon of the modeO, and devell apment of the stafisflcall methods and rellated ttesUng. DORC and SWAN controlls and force ng - ADORC model) spat 0 attdbutes Mode0 valfidaflon usung fide harmona c consfittuentt data, surge descdpflons and measurements, fide gage data, ffugh water mark data, and wave buoy data Cafibraflon/vernfucaflon of storms: wand and pressure fWds Producdon of syntthedc storms: m eteoroa ogucall parameters and tracks 1. Consuttant Wfl prepare draft reports for Monroe County staff revuew summarOng the fln6ngs. unconsustencues or defucuencues un the data ana0ysus or study methods wfll be Menfifued and descHbed un the report. 2. Consultant wflll prepare a funau report to address staff comments on draft report. 1. - South Florida Storm Surge Study (US #3) Ths report documents the storm surge modeu producdon run ¢Methodoa ogy and resuuts, the stafisficalI ana0yses carded out to devellop the undex-ueveu water eueva oohs, and the sttarfing wave condffions correspondung to the 1- and 0.2-percent-annuau-chance events. JPM Preference Sett: JPM-OS storm sett deveuopment tafis ocau ana0ysus of hsttodc tropa u cycuonn c storms yntthefic storms that charactedze storm popullaflon Standard devuafions of secondary parameters Effects of uncuusuon of secondary parameters on floo6ng caucullafions Page 16 of 20 Contractor k-��-�Oulnty J.6.d Effect of asffronomucal fide on floodung frequencues Effects of storms, fide amp fitudes, and fide phases DeWerablesa 1. Consultant wHI prepare draft reports for Monroe County staff re0ew summadzz ng the fundungs. lnconsustencues or deficuencues un the data analyses or study methods wHI be udenffufued and descO ed un the report. 2. Consultant wfll prepare a final report to address staff comments on draft report. "raslk 2: Review of FIEMA Work Maps FEMA wHl hold Flood Rustic Re0ew Meefings un Monroe County to release the Work Maps and assocuaffed reports. Consultant wHI attend meeffungs of requested to do so by Monroe County. Defiverablea Attendance at meeffings. 2.2 — FEMA Work Maps and Coastal Flood 1•-lazard Analysts (lDS 4 and lDS#5) Work Maps produced during the SFL Coastal R1sk MAP study Wll be p roOded to Monroe County along Wth lDS 4 and lDS#5 reports. The reports document analyses of overland wave propagaff on, wave runup and overt ppp ng, coastal structures, storm -Induced eros1on and development of the Base Flood Elevafflons (BFEs) for the 1-percenff••annual chance event used to develop coastal floodplaln mapping for both open coast and Inland locaff ono. The Work Maps p roOde updated mapping based on the updated sfflll affer elevaff ono, wave h6ght analyses, and topography. PFD determnafflons Urnk of Moderate Wave Acfion (U ) dellneafflons Wand fire ffs of the 1 % and 0.2% chance floods ldenfflflcafflon of coastal gutter lines and BFEs 1. Consultant will prepare draft reports for Monroe County staff rev1ew summadzz ng the findings. lnconslsffencles or deflclencles In the data analysts or study methods will be ldenfflfled and desc Obed In the report. 2. Consultant will prepare a final report to address staff comments on draft report. 2. — FEMA Work Maps and Current Effecfflve FlRMs Compadson Consultant wfll rev1ew the FEMA Work Maps (F1 s) In compadson Wth the effecfflve maps and will work Wth County to ldenfflfy a subset of ffransecffs for deffalled examinafflon, based on modeling. Consultant will p rovv de supportring eng1needng calculafflons to deter one 1nconslsffencles Wth FEMAs draft maps and modeHng related to VE/FEE Q oundades, Inland llmks of the 1 % and .2% Page 17 of 20 Contractor�<� �Country J.6.d annua0 chance of floods, fimk of moderate wave acfion (U ), and Base Rood EOevafions. DVS shapef80es used to create the DRAFT FVRMs WH be compared to the consukant output to vedfy consistency Wth modeB resuKs and mappang standards. Errors, anconss stencc es, and recommendafions for Bmprovement WH be prWded for consBder by county and county WH decade whether compadson WH be presented to FEMA and th6r contractors. Vf County decades to present to FE A and th6r contractors, consukant WH do so. DefiveraWes: 1. Consukant WH prepare draft reports for Monroe County staff rWew summarOng the finOngs„ VnconsBstencBes or deficBencBes Bn the data anaOysBs or study methods WH be Bdenfified and descH ed Bn the report„ 2. Consukant WH prepare a finaB report to address staff comments can draft report„ 3„ Present to FEMA, Bf requested by the County„ Task 3: Review of FEMA PreliminaryFIRM 3„1 — Rood Community Consuka on Officers (CC ) and P ubfic Meefings FE A WH Wd CCO and public meetings Bn Monroe County to reBease the PrefimBnary FVRMs and FV . ConsuKant WH attend meeting Bf requested to do so by Monroe County. 3.2 — FE A PrefimBnary FVRMs and Hood Vnsuranoe Study PrefimBnary FVRMs produced during the SFL Coasta0 Risk MAP study WH be provided to Monroe County Mong Wth the revised Rood Vnsuranoe Study (H ). The FVS report WH document the steps taken to prepare the FVRMs and WH provide a transept by transept summary of return period water OeveBs, as weH as wave conditions and wave setup va8ues for the 1-percent-annuakc anoe event. Supporting data used and created by FE A during the Risk MAP study WH be provided to the County for review and comment. 1 % and 32% wave conditions 1 % and 3.2% tota0 water 0evOs CI IAMP database I IAFVS wave h6ght cak;Wabons Run-up and overtopping cak;Wafions - Dune erosion anMysBs Coasta0 structure anaBysBs Vncorporafion of prevBousBy 8ssued Letters of Map RevBsBon - GeospatW f80es deve0oped during the Risk MAP study 3.3 — Consukant WH identify 8ssues not corrected by FE A during Task 2 Consukant WH confirm changes since the Drat Maps and to identify 8ssues not corrected by FE A during Task 2. Consukant WO review the supporting documentation, modeB resuks, and Page 18 of 20 Contractor ���nty J.6.d mapping files form FEMA regarding the changes. This review will follow the same steps described above for Task 2, Deliverable: Consultant will prepare a report documenting changes since the Draft Maps, within 60 days of the Preliminary Map issuance, as well as any errors or omissions made by FEMA in preparation of the preliminary maps. Task 4: Review Preliminary Coastal Study and FIRMs 1, Consultant will prepare a report, within 30 days of the Preliminary Coastal Study and FIRMs, recommending the reap panels to be appealed and specifics of the appeals on each panel, 2. Consultant will produce the technical modeling, within 30 days of the Preliminary Coastal Study and FIRMs, for the appeals that County decides to undertake, and will produce any appeal/application document 45 days prier to deadline to appeal, within the FEMA review process. Consultant will consolidate and review appeals submitted by individual property owners to determine whether the information or data submitted is sufficient to forward to FEMA to comply with Fart 67,6 of the NFIP regulations, Appeals submitted by property owners or lessee of real property located in Unincorporated Monroe County within ninety (0) days following of the release of the preliminary FIRMs will be collected by Chief of Flood l in Regulatory Operations, Monroe County BOCC, Copies of all individual appeals will be forwarded to FEMA and to the consultant by Chief of Floodlin Regulatory Operations as soon as they are received and to the Federal Insurance Administrator for information and placement in the Flood Elevation Determination Docket (Part 67.7 (b) of the NIFP regulations), Within the ninety (90) days of receiving a property owner or lessee appeal, consultant will review and consolidate all appeals submitted by private persons and issue an opinion stating whether the evidence presented is sufficient to justify an appeal on behalf of such persons by unincorporated Monroe County. Deliverable; Consultant will prepare report documenting the proposed changes for each individual appeal along with sufficiency findings for each individual appeal. If requested, the consultant will submit the appeals to FEMA on behalf of Monroe County, Hourly Rates should apply IPage 19 of 20 Contractor ( .Awq'Ilty J.6.d Task 6: Appeal Filing and Testimony Consultant may provide appeal filing, as requested by County for appeal. Hourly Rates should apply. Task 7: In Person Meetings In person Meetings, as coordinated by the County where Consultant will attend in person meetings before the public, special interest groups, Board of County Commission Meetings, as coordinated by the County. FEE SCHEDULE Task 1: Review of Existing Studies (TOTAL)' $27,125 . Task 1.1 Coastal Discovery Report $2,960 Task 1.2 South Florida Storm Surge Study (IDS #1) $8,535 Task 1.3 South Florida Storm Surge Study (IDS #2) $7,815 Task 1.4 South Florida Storm Surge Study (IDS #3) $7,815 Task 2:Review`of FEMA Work Maps; -(TOTAL) $53,726.' Task 2.1 Flood Risk Review Meeting $14,250 Task 2.2 FEMA Work Maps and Coastal Flood Hazard Analysis (IDS#4 and IDS#5 $15,155 Task 2.3 FEMA Work Maps and Current Effective FIRMs Comparison $24,315 Task 3:,Reyiew of FEMA Preliminary FIRMS (TOTAL) - ;. $70,6130. Task 3.1 Flood Community Consultation Officers (CCO) and Public Meetings $14,250 Task 3.2 FEMA Preliminary FIRMS and FIS $46,770 Task 3.3 Consultant will identify issue not correct by FEMA during Task 2 $9,660 Task 41.146 v16WA; Preliminary Coastai;Study and 1=1Ri1115 {TO°fP.L) $31,260 ; Task 5: Individual Property Owner Appeal Review MOURLY'RATE: $125 $1851hr Task 6 Past Appeal Filing Testimony HOURLY RATE185 Task 7 11. Person Meetings.LtJi�JP'StJ[iA!PER `.PER, C?N, PER FIGHT, TW DAYS; PER'vISIT ,3,.01night `Task 5. Personnel Name HOURLY RATE M. Leslie Fields $ 185 Matt Shultz $ 185 Arden Herrin $ 125 Mitch Buck $135 Elise Leduc $ 125 $ $ NotaryPublic $ CdMMpNWEALTH OF MASSACHUSETTS $ Januar 6, 2023 $ tis 2et�i tGF ►��e�a m l�v r �" u5" "'�Pa 0 of 2 Contrartor� County Packet Pg. 1475 [l, uolsln921] -lVNld - OZ83d - paeogaaad - VMWI-1 - goeaa;no - suol;e;uasaad Doo8 5-£-f well :;uewgoe;;br z � co v a r m Y C.1 a UOISIA9M] -lVNI=l - OZ93=1 - pjeoqaaj=l - VMVy!-1 - Ljoeej4no - suOlMu9sWd o3o8 5-C-r wq4j :4uqwLj3e44V ti CL CL �y //s � Y// • _0 • 0 0 CY) 0 • clo 0 (1) 4-J • C: E 0 E 0 0- 4- 0 • • 4-j -0 • -0 > 0 -0 0 m C: Ln E m E 4-j Z3 x -W V) • L.0 m m [ ummA911] ]¥m] - Oz83] - peoge&] -¥MW|] - goe&mo - s mm esad 0o0g5eree |! :}ewg3q} 00 2 a ! ° ® . 7f \ ƒ \ . a $ � ° . 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" c7. C�7 U 0- Cz0 Q a > Cz0 QJ w a 5 b ji m b q bfj QJ E > U O O C6 4J 4 a tl E W O QJ O O W W ° 4 v uS 3 ¢ rj a , ' t C7 tn Co J.6.i ■� BENDER CONSULTING SERVICES, INC. CHART F IMPACT OF MAP CHANGES FLOOD INSURANCE Land Newly No Change — but strongly encourage to Most lenders won't require flood Identified in High- purchase a Preferred Risk Policy (PRP) if insurance. Risk Area but there is no coverage in place You are close to a high -risk area and Building Is Not (e.g., encouraged to buy a PRP as Mother Zone X to A; Zone X Nature doesn't read flood maps. About to V) 25% of all flood claims come from these moderate -low risk areas. Building Newly Newly Mapped Procedure — buy w/in 12 Flood insurance will be required by Identified in High- months of map change and maintain most lenders. Risk Area (e.g., Zone coverage; rates will go up no more than Cost -saving options are available. Have X to A; Zone X to V) 18% annually until they reach a full risk a PRP in effect before the maps change rate. If lapses, pre -FIRM buildings must and renew it each year. be rated w/new maps; post -FIRM can be The cost -saving policy can be grandfathered. transferred to a new owner. High -Risk to Higher- Grandfathering — have a policy effective Cost -saving options available. Risk (e.g., Zone A to before the maps change to lock in the Have a policy in effect before the maps V, increase in Base lower risk zone or lower BFE for future change to lock in the lower risk zone or Flood Elevation rating. If lapses, pre -FIRM buildings must BFE for future rating; and renew it each (BFE)) be rated w/new maps; post -FIRM can be year. grandfathered again. The cost -saving policy can be transferred to the new owner. Decrease in Level of Re -rating — Policy should be re -rated Still at risk, but flood insurance just got High -Risk (e.g., Zone when new maps become effective. cheaper. Contact your insurance agent V to A, decrease in to re -rate your policy (when the maps BFE) become effective). Most lenders will continue to require flood insurance. No Longer in High- Conversion — Convert current high -risk Flood insurance just got cheaper. Most Risk Area (e.g., Zone policy to a PRP and receive a refund in lenders will no longer require flood V to X, Zone A to X) difference in premium. Contents are insurance. automatically included. However, the risk has only been reduced, not removed. Convert your current policy to a lower - cost PRP and receive a refund in the difference in premium — and contents is automatically included. Seaward of Limit of No Change — Insurance rates are the Most lenders require flood insurance. Moderate Wave same on either side of the LiMWA in No impact on insurance costs; Action (LiMWA) (e.g., Zone A; however, the seaward -side risk is however, the risk is even higher due to Coastal Zone A) higher. stronger wave action. Fully insure all buildings. 8374 E. CHERYL DRIVE • SCOTTSDALE, AZ • 85z58 PHONE: 480-368-'ZZ3 • FAX: 480-3i5-9z36 Packet Pg. 1499