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09/16/2020 Agreement a °? �', Kevin Madok, CPA (. ° Clerk of the Circuit Court& Comptroller—Monroe County, Florida DATE: September 21, 2020 TO: Emily Schemper, Senior Director Planning& Environmental Resources FROM: Pamela HancobktC. SUBJECT: September 16th BOCC Meeting Attached is an electronic copy of the following item for your handling: J8 Contract with Erin L. Deady P.A., the lop ranked respondent to the Request for Proposals for the Development of Adaptation Action Areas. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Fladda 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 MONROE COUNTY CONTRACT FOR THE UPDATE OF EXISTING VULNERABILITY MODELING AND DEVELOPMENT OF POLICY RECOMMENDATIONS FOR ADAPTATION ACTION AREAS (AAA'S) THIS AGREEMENT is made and entered into this 16th day of September , 2020 by MONROE COUNTY("COUNTY"), a political subdivision of the State of Florida,whose address is 1100 Simonton Street, Key West, Florida 33040 and Erin L. Deady, P.A. ("CONSULTANT"), whose address is 54 1/z SE 6th Avenue, Delray Beach, FL 33483. WITNESSETH WHEREAS, the COUNTY issued its Request for Proposals RFP ("RFP") pursuant to state and local law to solicit proposals to develop recommendations for Adaptation Action Areas (AAA's) and related services; and WHEREAS, Consultant is a professional qualified to render said services and has responded to the RFP by submitting its proposal in response to the RFP ("Proposal"); and WHEREAS,the COUNTY desires to engage Consultant to provide such services to the COUNTY according to the terms and subject to the conditions set forth herein. NOW, THEREFORE, for and in consideration of the mutual covenants and promises as hereinafter set forth and of the faithful performance of such covenants and conditions, the COUNTY and CONSULTANT do hereby agree as follows: Section 1. SCOPE OF SERVICES CONSULTANT shall 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. CONSULTANT shall provide the scope of services in Exhibit A for the COUNTY. CONSULTANT 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 CONSULTANT shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. Consultant shall provide services using the following standards, as a minimum requirement: A. The CONSULTANT 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 Consultant uses sub-Consultants or independent Consultants, this Agreement specifically requires that sub-Consultants and independent Consultants 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. COUNTY'S RESPONSIBILITIES 2.1 The County will provide such data as is required by the Consultant and is mutually agreed upon. 2.2 The County will make payments as outlined in Section 4 of this Agreement. Section 3. TERM OF AGREEMENT 3.1 Except as noted below, this Agreement shall begin on the 16th day of _September ,2020 and will conclude with delivery of the deliverables outlined in Section 1 of this Agreement, which shall not be later than June 30, 2021. Section 4. PAYMENT TO CONSULTANT 4.1 Payment will be made according to the Deliverable Schedule attached as Exhibit B, and according to the Florida Local Government Prompt Payment Act, Section 218.70, Florida Statutes. Partial tasks maybe invoiced and approved by the County. The Provider shall submit to the County an invoice with supporting documentation in a form acceptable to the Clerk. 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 Project Manager will review the request, note his or her approval on the request and forward it to the Clerk for payment. 4.2 Any extension of this Agreement beyond the term noted in Section 3 is contingent upon annual appropriation by Monroe County. Section 5. CONTRACT TERMINATION Either parry may terminate this Agreement because of the failure of the other parry to perform its obligations under the Agreement. COUNTY may terminate this Agreement with or without cause upon thirty (30) days' notice to the CONSULTANT. COUNTY shall pay CONSULTANT for work performed through the date of termination. Section 6. CONSULTANT'S ACCEPTANCE OF CONDITIONS A. CONSULTANT hereby agrees that they have carefully examined the RFP, the proposal 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 CONSULTANT, 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 CONSULTANT. B. Any ambiguity or uncertainty in the specifications shall not be construed against the drafter. C. The passing, approval, and/or acceptance by COUNTY of any of the services furnished by CONSULTANT shall not operate as a waiver by COUNTY of strict compliance with the terms of this Agreement, and specifications covering the services. D. CONSULTANT agrees that County Administrator or his designated representatives may visit CONSULTANT'S facility (ies) periodically to conduct random evaluations of services during CONSULTANT'S normal business hours. E. CONSULTANT has, and shall maintain throughout the term of this Agreement, appropriate licenses and approvals required to conduct its business, and 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 7. 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: County Administrator, Mr. Roman Gastesi 1100 Simonton Street, Suite 205 Key West, Florida 33040 To the CONSULTANT: Erin L. Deady 54 1/z SE 6th Avenue Delray Beach, FL 33483 Section 8. RECORDS CONSULTANT 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 five(5)years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONSULTANT shall repay the monies together with interest calculated pursuant to Section 55.03 of the F.S., running from the date the monies were paid to Consultant. Section 9. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020- 1990 The CONSULTANT 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 10. CONVICTED VENDOR By signing this agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entities Crime Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from County's competitive procurement activities. 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 CONSULTANT,supplier, sub-Consultant, or CONSULTANT 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. Section 11. 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 CONSULTANT agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. Section 12. 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 CONSULTANT 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 13. ATTORNEY'S FEES AND COSTS The COUNTY and CONSULTANT 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 14. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. Section 15. 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 16. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONSULTANT 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 no resolution can be agreed upon within 30 days after the first meet and confer session,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 17. 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 CONSULTANT 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 CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. Section 18. NONDISCRIMINATION COUNTY and CONSULTANT agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. COUNTY or CONSULTANT agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: Title VH of the Civil Rights Act of 1964 (PL 88-352)which prohibits discrimination on the basis of race, color or national origin; Title IX of the Education Amendment of 1972, as amended(20 USC ss. 1681-1683,and 1685-1686),which prohibits discrimination on the basis of sex; Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; Title VHI of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. Section 19. COVENANT OF NO INTEREST COUNTY and CONSULTANT 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 20. CODE OF ETHICS The parties understand that officers and employees of the COUNTY are required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, 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. Section 21. NO SOLICITATION/PAYMENT The COUNTY and CONSULTANT 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 CONSULTANT 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 22. PUBLIC ACCESS The COUNTY and CONSULTANT shall allow and permit reasonable access to, and inspection of, all documents,papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONSULTANT in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONSULTANT. Section 23. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28,Florida Statutes,the participation of the COUNTY and the CONSULTANT 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 24. 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 25. 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 26. 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 CONSULTANT agree that neither the COUNTY nor the CONSULTANT 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 Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. Section 27. ATTESTATIONS CONSULTANT 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 28. 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 29. 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 30. 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 31. INSURANCE POLICIES 31.1 General Insurance Requirements for Other Consultants and SubConsultants. As a pre-requisite of the work governed,the CONSULTANT shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The CONSULTANT will ensure that the insurance obtained will extend protection to all SubConsultants engaged by the CONSULTANT. As an alternative, the CONSULTANT may require all SubConsultants to obtain insurance consistent with the attached schedules; however CONSULTANT 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 CONSULTANT 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 CONSULTANT 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 CONSULTANT's failure to provide satisfactory evidence. The CONSULTANT shall maintain the required insurance throughout the entire term of this contract and any extensions specified herein. 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 CONSULTANT 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 CONSULTANT's failure to maintain the required insurance. The CONSULTANT 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 Consultant's insurance shall not be construed as relieving the Consultant 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 all policies, except for Workers' Compensation. 31.2 Insurance Requirements (Note: amounts of coverage are subject to change in final contract) Prior to the commencement of work governed by this contract, the CONSULTANT 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 $500,000 Combined Single Limit(CSL) If split limits are provided, the minimum limits acceptable shall be: $250,000 per Person $500,000 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. 31.3 Vehicle Liability Insurance requirements Recognizing that the work governed by this contract requires the use of vehicles, the CONSULTANT, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall 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 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 The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 31.4 Workers' Compensation Insurance Requirements Prior to commencement of work governed by this contract, the CONSULTANT shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. In addition, the CONSULTANT shall obtain Employers' Liability Insurance with limits of not less than: $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease,policy limits $500,000 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. 31.5 Professional Liability Requirements Recognizing that the work governed by this contract involves the furnishing of advice or services of a professional nature, the Consultant 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 Consultant arising out of work governed by this contract. The minimum limits of liability shall be$500,000 per occurrence/$1,000,000 Aggregate Section 32. INDEMNIFICATION The CONSULTANT 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 CONSULTANT or substantial and unnecessary delay caused by the willful nonperformance of the CONSULTANT 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 CONSULTANT agrees to defend and pay all legal costs attendant to acts attributable to the sole negligent act of the CONSULTANT. Section 34 INDEPENDENT CONSULTANT. At all times and for all purposes hereunder, the CONSULTANT is an independent Consultant and not an employee of the Board of County Commissioners. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his/her employees, Consultants, servants or agents to be employees of the Board of County Commissioners for Monroe County. As an independent Consultant the CONSULTANT 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. Section 35 COMPLETENESS OF WORK. The CONSULTANT 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 CONSULTANT and any damage incurred by the COUNTY as a result of additional costs caused by such errors shall be chargeable to the CONSULTANT. 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 agencies. The CONSULTANT 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 CONSULTANT to complete the work schedule. Such an agreement shall be made between the parties. W WITNESS HEREOF, the parties hereto have caused these presents to be executed on the ;�_,_, .�t. day of 2020. ��� ffi 0 BOARD OF COUNTY COMMISSIONERS Kevin Madok,CLERK A i ROE COUNTY,FLORIDA ���� By' /vit._ As As eputy Mayor Heather Carruthers aGWROE COUNTY ATTORNEY tt�� 0 fOHM Otter iA (CORPORATE SEAL) CONSULTANT ATTEST: By By: Title: Pie M S o_ fn 'T1 '3 N.) o ~ :O = m _ o 0 n _ o Exhibit A SECTION FOUR- SCOPE OF SERVICES Monroe County Resilient Coastlines Program Adaptation Action Areas (AAA's) 4.1 Purpose The Consultant will update existing data and develop recommended policy approaches for Adaptation Action Areas (AAAs). This project builds upon numerous sea level rise/data collection efforts to identify vulnerabilities and supports a critical time in the County's long-term recovery process following the devastation of Category 4, Hurricane Irma. The effort includes assessments of latest data and case studies for AAAs; updating vulnerability modeling; developing policy recommendations for AAAs; GIS analysis of potential AAAs; and outlining future data needs and options. The deliverables from this AAA project will inform decision-making for long-term sea level rise planning and rebuilding/recovery efforts. 4.2. Project Description: The County's GreenKeys Climate and Sustainability Plan includes Recommendation 1-31, "Develop criteria for Adaptation Action Areas and adoption in Comprehensive Plan." The County adopted an Energy and Climate Element policy into its 2030 Comprehensive Plan directing the identification of criteria to define AAAs and the update of existing maps or creation of new maps that display potential impacts of sea-level rise for consideration in long-term planning decisions (see Policy 1502.1.4). The County has also collected extensive data; completed vulnerability analyses; completed the 5-year GreenKeys Climate and Sustainability Action Plan; acquired countywide mobile LiDAR elevation data; and is currently completing Peril of Flood comprehensive plan amendments. The County's next priority is developing AAAs and associated Goals, Objectives, and Policies within the Coastal Management Element. Monroe County expects the consultant will develop draft AAAs (preliminary AAAs with associated goals, objectives, and policies) using existing policy guidance, best practices, case studies, updated data, and most current approaches as a foundation for this effort. While the county has already undertaken initial vulnerability modeling assessments, other more recent initiatives warrant updating this model to serve as the basis for AAAs. The updates to the model will add the County's current mobile LiDAR elevation data; evaluate updated sea level rise projections of the Southeast Florida Regional Climate Compact; and include outputs from the County's two-year Countywide Roads and Stormwater Analysis with implementation plans for actual road and stormwater projects. The consultant will also review data from the County's FEMA Community Rating System-compliant Watershed Management Plan which identified initial areas of stormwater and County facilities' future flood risk. The updated vulnerability model will be utilized to determine infrastructure and habitat impacts as well as areas of increasing vulnerability for a 2030, 2060, and 2100 sea-level rise assumption horizon. The planning process will also incorporate stormwater management and social vulnerability analyses using best practices identified by the Center for Disease Control's (CDC) Social Vulnerability Index or other evaluation strategies identifying vulnerable populations and potential public health risks. Further, the County will consider approaches incorporating infrastructure and public facilities; habitat and land acquisition, management or protections that restore natural shoreline Page 1 of 6 Adaptation Action Area Development Exhibit A—Scope ofServices features; and development and recovery considerations. Lastly, the County is in the process of updating its Local Mitigation Strategy and developing a Post Disaster Recovery Strategy to position itself for long-term recovery. These updated strategies will further inform the County's AAA policy framework. The County anticipates the consultant review these data sources for the vulnerability modeling updates. 4.3 Project Tasks & Deliverables Task 1 A. Title: Annotated Analysis of Existing Data Resources, Best Practices and Case Studies for the Establishment of AAAs. B. Goal: Document numerous approaches to developing AAAs in Florida and other states to determine best practices for AAA development. C. Description: Several local governments have already undertaken efforts to designate AAAs to fit localized priorities. Some local governments have designated wholesale geographic areas within their community broadly as an AAA, while others have created independent project-oriented approaches. As an Area of Critical State Concern, Monroe County is likely to have unique issues in addressing its AAAs that will include consideration of elements related to the built and natural environment, as well as recovery efforts due to Hurricane Irma. The Consultant will review the AAAs establishment work done by other County and municipal jurisdictions across the state. The Consultant may also look outside of Florida at best practices and approaches like AAAs, such as Resiliency Districts, that garner policy and financial prioritization in local government decision- making as an adaptation strategy. D. Deliverables: 1) Final Memorandum Outlining Existing Data Resources, Best Practices and Case Studies for the Establishment of AAAs Task 2 A. Title: Updated Vulnerability Assessment B. Goal: Update the County's GreenKeys Climate and Sustainability Vulnerability Assessment which will provide the modeling and data to support policy development for the establishment of AAAs. C. Description: The Consultant will update the County's vulnerability assessment utilizing new elevation data (provided by County), updated sea level rise projections, shoreline information, capital project data, social vulnerability index, and stormwater management data. The updated vulnerability modeling with new elevation data will be used to determine infrastructure and habitat impacts as well as areas of increasing vulnerability for a 2030, 2060, and 2100 sea level rise assumption horizon. The analysis will also incorporate an Page 2 of 6 Adaptation Action Area Development Exhibit A—Scope ofServices analysis stormwater management and social vulnerability using best practices such as the Center for Disease Control's Social Vulnerability Index or other evaluation strategy (identifying vulnerable populations and potential public health risks). Monroe County has made a long-term commitment to the development of its GreenKeys Climate and Sustainability Plan, recognizing data gaps and developing more refined data for decision-making. The County has built datasets related to stormwater structures,roads, habitat and habitat transitions, County, and critical facilities. The consultant will update the County Vulnerability Assessment to develop a policy framework for addressing multiple priorities: infrastructure/services, habitat and recovery. Examples of how AAAs could be developed include potentially "categorizing" the types of AAAs and developing specific Objectives and Policies related to the vulnerabilities within those geographic areas. As such, the County anticipates developing multiple AAAs. Concepts for different planning challenges will be parsed out;pre-mitigation planning will be focused; and a tool to target grants, recovery assistance, and prioritize capital planning and land policy will also be created. Updating the vulnerability analysis related to habitat transitions or impacts could assist the County in aligning land acquisition, management and restoration policies to utilize critical landscapes, such as mangroves, as a natural resiliency strategy. Updated analysis using the County's new elevation data could also serve as the basis for AAAs that align with capital planning to ensure the continuity of social and governmental services after storms as well as longer-term with the impact of sea level rise and/or other social- related impacts. Based on this updated data-assessment, the Consultant will develop recommendations for policy approaches for the designation of AAAs. D. Deliverable(s): 1) Assessment of available County data and analysis of existing data resources. 2) Memorandum describing modeling strategy approach including elevation data, social vulnerability, stormwater, natural systems, and recovery elements. 3) Present County and stakeholder engagement elements and results, including meeting materials (agendas and meeting minutes), draft findings, refined analysis results, and intermediate vulnerability assessment results. 4) Finalized Vulnerability Assessment Task 3 A. Title: Memorandum of Recommended Policy Alternatives for the Establishment of AAAs B. Goal: This Task seeks to develop policy alternatives for consideration by, and input from, the Board of County Commissioners to establish AAAs. C. Description: Understanding that the County has a unique geography with an equally unique system of growth management regulations, the County views AAAs as a critical Page 3 of 6 Adaptation Action Area Development Exhibit A—Scope ofServices policy tool to address vulnerable areas through policy and financial investments that will strengthen its natural resources,housing,regional economy,and overall tax base as impacts from climate change increase over time. It will be necessary to contemplate different types of AAAs or policies to implement different sets of goals. This deliverable will explore those options, informed by the deliverables from Tasks 1 and 2, and include options for the County to consider in establishing AAAs. D. Deliverables: 1) Draft Memorandum of Recommended Policy Alternatives for the Establishment of AAAs 2) Present draft findings to County staff and refine analysis results and finalize vulnerability results including Agenda and Minutes from meeting with County staff. 3) Final Memorandum of Recommended Policy Alternatives for the Establishment of AAAs Task 4 A. Title: Maps, Goals, Objectives and Policies for Preliminary AAAs B. Goal: This task will use the recommended policy alternatives for the establishment of AAAs and graphically depict these areas for public review and comment. C. Description: The Consultant will visually depict Maps of the AAAs informed by the policy direction developed and provided in Task 3. As a companion to the Map series, the Goals, Objectives and Policies will be developed to support the designation of AAAs for internal review and consideration by the Board of County Commissioners in Task 6. The scope of the Map series will be defined by the best practices research from Task 1,the Vulnerability Assessment in Task 2 and Policy direction from the Board of County Commissioners in Task 3. The AAAs maps may include substantial parts of the County or be more narrowly tailored to address location-specific issues. Goals, Objectives and Policies will clearly be tailored to address the unique priorities within those designations. D. Deliverable(s): 1) Develop Draft AAA Maps Series and Goals, Objectives and Policies 2) Present draft AAA Map Series and Goals, Objectives and Policies to County staff and refine analysis results including Agenda and Minutes from meeting with County staff. Minutes from meeting with County staff. Task 5 Page 4 of 6 Adaptation Action Area Development Exhibit A—Scope ofServices A. Title: Public Engagement Meetings B. Goal: This task ensures there is public participation in the review and development of AAAs. C. Description: The Consultant will make all documents, reports, studies, and agendas readily available for public viewing (at County offices and County website) and provide presentations at public workshops,public work sessions, and public meetings on the work completed to develop policy alternatives to establish AAAs and associated maps. The County's geography being over 100 miles in length requires public meetings in multiple locations to ensure all public participants have the ability to attend and participate in a location relatively close to their property. D. Deliverables: 1) Series of 3 Public Workshops 41 in the Upper, Middle and Lower Keys with public engagement materials to present modeling results to County and the public after Deliverable 2. Minutes, sign-in sheets, agenda and presentation materials will be included. All municipalities will be invited to attend. 2) Series of 3 Public Workshops 42 in the Upper, Middle and Lower Keys with public engagement materials to present modeling results to County and the public after Deliverable 4. Minutes, sign-in sheets, agenda and presentation materials will be included. All municipalities will be invited to attend. 3) Board of County Commissioners Presentation 41 to seek policy direction with Agenda and presentation materials after Deliverable 3. Minutes, agenda and presentation materials will be included. 4) Board of County Commissioners Presentation 42 to seek policy direction with Agenda and presentation materials after Deliverable 4. Minutes, agenda and presentation materials will be included. 5) Website content will be developed. 6) Coordination will occur with the County's Public Information Officer to distribute at least 4 press releases prior to public and County Commission Presentations. Task 6 A. Title: Final Report with Model Ordinance language for AAAs B. Goal: This task will develop the final recommended Goals, Objectives, and Policies for the Coastal Management Element of the Monroe County Comprehensive Plan and AAAs map series. C. Description: The Consultant will review all work deliverables and public comment as well as BOCC direction to finalize comprehensive plan amendment language for AAAs. D. Deliverables: Page 5 of 6 Adaptation Action Area Development Exhibit A—Scope ofServices 1) Draft Report with Model Ordinance Language for AAAs. 2) Present draft report with Model Ordinance Language for AAAs to County staff and refine analysis results. Agenda and Minutes from meeting with County staff. 3) Final Report with Model Ordinance Language for AAAs. Page 6 of 6 Adaptation Action Area Development Exhibit A—Scope ofServices i RESPONSE FORM `C RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Purchasing Department GATO BUILDING,ROOM 2-213 1100 SIMONTON STREET KEY WEST,FLORIDA 33040 ❑I acknowledge receipt of Addenda No.(s) I have included: • Response Form p� • Lobbying and Conflict of Interest Clause Er • Non-Collusion Affidavit [� • Drug Free Workplace Form C " • Public Entity Crime Statement l� • Monroe County occupational license and.relevant County occupational licenses are required to be obtained within ten days of award of the contract k • Local Preference Form(if applicable) ❑ I f ©I have included a current copy of the following professional and occupational licenses: t C L.C��Sr�F .ti a �Irc� L�t Al the applicant is not�n individuaI(sole proprietor),please supply the following information: APPLICANT ORGANITATIQIV: L- (Registered business name must appear exactly as it appears on www.sunbiz.orOj Any applicant other than an individual(sole proprietor)must submit a printout of the"Detail by Entity Nante"screen from.Sunbix,and a copy of the most recent annual report filed with the Florida Department of State,Division of Corporations. Mailing Address: i � C 1 �, {-� �� PL 3 $ Telephone; -- r7 3,-S Fax: Date Signed: Witness: Erin Deady (Print Name)� (Print Name) (Title) ff STATE OF. [� d COUNTY OF:�C, nnr CS�L S bscribed and swo to(or affirmed)before me on _.-Z`� (date):by M—N L- • QW-c (name of affiant). He/She is personally krip"jtQ me or has produced (type of identification)as identification E7ii BLX i _ MYCaMMISSM I¢02i8221• SUMB.EMPIRES:SeptembOr 9;2022 p hru Natery P+i k Uffi*W " �13�� i C LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-I990 MONROE COUNTY, FLORIDA ETHICS CLAUSE IF Sl, (Companyy "...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." ; s (Signature) i Date: " -�"z f STATE OF: El an <:4- C, i COUNTY OF: Subscribed and sworn to (or affirmed)before me one (date)by 0,f�, 4::�4 (name of affiant). He/She is ��personally known to me or has produced (type of identification)as identification EL�NE' 82 0��1�._ NOTARY PUBLIC �'�AEMISSfMi#93zifi22�. My Commission Expires: _. �i: EXPI-E&SeP�rt*9, CZ2 Thru Notary Pahe r; }ertr,ic a '� .. ij I` is I NON-COLLUSION AFFtDAVIT I, .. a a -, of the County of_ �2. "v°, according to l w on nay oath, and under pena1?y--(y—'perjury, depose and say that l arm of the firm of C . the bidder making the Proposal for the, projec described in the Bequest for Proposals for Vie I ,- S l t and that 1 executed the said proposal with full authority to do so; f,6 e ( - 2,. The Prices in this bid have been arrived at independently without collusion,. consultation,conrn7unication or agreement for the purpose of restricting coml:retition, as to any matter relating to such.Prices with any other bidder or with any competitor; 3. Unless otherwise required by lain,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 priori to bid opening, directly or indirectly, to any other bidder or to any competitor; and . 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; .. The staternents contained in this affidavit are true and correct, and rnade with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Signature) Y bate - _ STATE OF. COUNTY OF: Subscribed and sworn to (or aft"n-ined) before me on _ r narne of affiant He/She is personally known to {date}l��y ( �• personally nee or has produced (t' e f identif-cation) as identification. MY COMMISSION#GG 216227 x pi s. s,25322 N OT.ARY Pf B LIC y Mv Crsmmk�,inn Fxtaires: . ` ........................ . ......... DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute.287.087 hereby certifies that: L- � . (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. hi 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 contenderre 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 authorized to sign the statement,I certify that this firm complies fully with the above requirements. (Signature) STATE OF: Date: a ) �'�� G � ---- COUNTY OF: k( Subscribed and sworn to(or affirmed)before me on 2 (date)by LEI I (name of affiant), He/She is personally known to me or has produced (type of identification)as identification. EL17A6ETFI BLikp�l *; My CCUMISSION#GG 216227, NOTARY P SLtiC f XPfRM SepW"b&S,2022 ''••.�. g � My Commission Expires: °I � "t�.�. PUBLIC ENTITY CRIME STATEMENT ' 1. "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 Consultant,supplier,subConsultant,or CONSULTANT 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 L C�.r- (Proposer's name)nor any Affiliate has been placed on the convicted vendor list within the lagi 36 months. 1 (Signature) Date: STATE OF: ( X a COUNTY OF: h_ G1- c! -- Subscribed and sworn to (or affirmed)before me on [ -� 1 I (date)by (name of affiant). He/She is personally known to me or has produced L_ DL— (type of identification) as identification. My COMMISSION#GG 218227. 3 NOTARY PUBLIC WIRES.SeptemW 9,2M ,�F �`'r�ona�aThNry , v�aa�n��ra My Commission Expires: 5 z2 i is i' �f i �) O N N N N N N N N N N N N N m 0 0 0 0 0 O O O O O O O O O N N N N N N N N - N N N N N N N N O O O O O O O O 0 N N N N N W O O O O ry W W W O N N N N N N N N N N N W \ N N N N N N N N V V lD lD lD d d CQ G O V m OR �_ O O O L O O O x C w w N w m in in icen m 00 C m N 0 m O Q N O �+ Vf N co a T > Ul m ¢ i 7 O a w 0 O aj — N v w F E C � m O F Q O F c ¢ -° m o QQ v m m Nv Q 0 Q O - F m Y lo N O .0 v v v Y W m �D 0 Q O C7 v V .4 m m T T O_ O > m t 2 C7 m > v lD Y v Y v V v '^ m v Q N E ¢ I ~ C F O O N °o V > w m O Y c v Q m m v C7 N C7 u O Q¢Q O Q --v° v a v a v ° Q0 Y 0 tt° Ntt°E v ¢ ¢ mQQ ¢ ¢ aWN OOYW 3 aO I >D v F O O— '° - m E I j OTD '° pD v c °_ C L W d O C C W e y c Y 0 ¢ m m v 0 c V _ W T v W v ¢ 7 - C tt ` tt ` 1I1 L T c 0 a O T c ;, 0 O O ._ m m v 0 m E 0 C7 O_ O O_ O L Y V on v m V � a O o ° I ° F '3 w a m ¢ o o m c -° c Y Y N E .. E Mm > j E 'v o -03 0 3 c° c? o o o " a y o a m o o g !° E -° w v m v ¢ -m v « - v c o `o v v ¢ c rc c ° ° w ` wE v - - - v4:J v - v w r 00000 O O O WOOOOO 0 00 O O O O O O O O .. 00000 O O O 00000 c) 00 O O O O O O O O C O O O O O O O O Ln Ln O O 0 r O O O N 0 0 0 0 3 O N �T N 0000 6 "00 i � N N N ci N ci N ci m m w N O m i/? 4/? ci to in i/? in in in in in in ci m a aau d a au dwrn-c a u '0 dw m -c Y m O H � V Aj Aj L r1 r1 r1 r1 r1 N M N N N N N M M M M M M M M 12 V