Item J07 } J.7
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County of Monroe
�y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
January 20, 2021
Agenda Item Number: J.7
Agenda Item Summary #7678
BULK ITEM: No DEPARTMENT: Building
TIME APPROXIMATE: STAFF CONTACT: Ed Koconis (305) 453-8727
10:00 AM
AGENDA ITEM WORDING: Approval of Amendment No. 2 to Contract with The Woods Hole
Group, Inc., Adding Acquisition of Hurricane Irma wind and pressure fields, model simulation of
Hurricane Irma, update of statistical water levels, and update 500-year overland wave analysis, in the
Additional Amount of$15,190 for FEMA Coastal Risk MAP Development Consulting Services
ITEM BACKGROUND: Following information presented to the Board of County Commissioners
("Board", "BOCC", "Monroe County", or the"County") related to FEMA's South Florida Coastal
Risk MAP Study development process, a Request for Proposals (RFP)was issued on May 29, 2019.
A selection committee ranked the four responding firms at a public meeting on July 29, 2019. The
Woods Hole Group, Inc. ("Woods Hole")was the highest ranked firm. Staff requested, and the
Board approved, both the approval of the selection committee ranking and award of a contract to
The Woods Hole Group, Inc., at its regular public meeting on August 21, 2019.
After meetings regarding the new DRAFT Coastal Flood Insurance Rate Maps (FIRMS) were held
on August 22-23, 2019, staff realized FEMA did not produce"difference maps." These maps would
show the public the "difference" in the existing flood zone required base flood elevation and the
newly proposed DRAFT flood zone elevations, adjusted with a vertical datum change.
This adjustment is extremely hard to understand and explain. The current National Geodetic
Vertical Datum of 1929 ("NGVD29")used on our current FIRMS will be switched to the North
American Vertical Datum of 1988 ("NAVD88") on the new FIRMS. What this means is that all new
FIRMS will be based on the new datum, which measures mean sea level elevation roughly 1.5 feet
lower than the datum currently in use.
Staff immediately recognized the need to develop a tool for the public to use to see the difference in
their flood zone required base flood elevation, with the adjustment for vertical datum change.
The First Amendment to this contract added this new task. Task 8 contracted Woods Hole to
prepare"difference maps" using currently effective Flood Insurance Rate Maps (FIRMS) converting
the current National Geodetic Vertical Datum of 1929 ("NGVD29")to the North American Vertical
Packet Pg. 1887
J.7
Datum of 1988 ("NAVD88"), and then comparing this to the draft FIRMS presented on August 22,
2019, to demonstrate the change in Base Flood Elevation (BFE)by parcel and flood zone.
During the review and evaluation of the statistical analysis and water levels, Woods Hole found that
their restudy of FEMA's analysis would benefit from having a hindsight of 2017 Hurricane Irma to
further validate the storm surge model. Using Irma as a validation storm would provide benefits to
the study including: Providing more data comparisons to the Keys to evaluate the model skill and
uncertainty that is applied in the analysis; providing more high-water mark ("HWM") measurements
in Florida Keys to better evaluate measurement error; and excluding Hurricane Andrew as a
validation storm for which there were no measurement comparisons in the Keys.
Woods Hole states this would be an improvement to FEMA's analysis and a more accurate
assessment of flood risk for the Keys. Woods Hole adds that if they can reduce the model
uncertainty there will be lower 1%water levels. The recently completed hindcast of Irma used
different wind input data and resulted in an overprediction of surge along the Keys and therefore
Woods Hole recommends conducting a hindcast of Irma using "best winds" data (Task 9).
Woods Hole is also recommending an update to the 500-year overland surge analysis. During a
recently submitted appeal for the City of Sanibel, Florida, FEMA requested this analysis based on
their 2019 Guidance for Flood Risk Analysis and Mapping: Appeal and Comment Processing.
Therefore, in order to make any appeal submittal(s) complete, they are recommending this additional
work (Task 10).
PREVIOUS RELEVANT BOCC ACTION:
On August 21, 2019, the BOCC approved the ranking of the Selection Committee and awarded a
contract for FEMA Coastal Risk MAP Development Consulting Services with The Woods Hole
Group, Inc.
On September 18, 2019, the BOCC approved First Amendment adding Task 8 contracting Woods
Hole to prepare"difference maps" using currently effective Flood Insurance Rate Maps (FIRMS),
converting the current National Geodetic Vertical Datum of 1929 ("NGVD29")to the North
American Vertical Datum of 1988 ("NAVD88") and then comparing this to the draft FIRMS
presented on August 22, 2019 to demonstrate the change in Base Flood Elevation (BFE)by parcel
and flood zone.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Second Amendment_010621 (signed)
Woods Hole Executed 1 st Amendment 09182019
Woods Hole Executed Contract 08212019
SanibelFL_Appeal CIarificationRequest
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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: $208,475 plus hourly rate for future tasks,if issued notice to
proceed by County
Total Cost to County: $250,690
Current Year Portion: $78,807
Budgeted: Yes
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:
County Match:
Insurance Required: Yes
Additional Details:
REVIEWED BY:
Rick Griffin Completed 12/18/2020 3:30 PM
Assistant County Administrator Christine Hurley Completed
12/30/2020 2:43 PM
Peter Morris Completed 01/04/2021 11:35 AM
Purchasing Completed 01/04/2021 11:38 AM
Budget and Finance Completed 01/04/2021 1:12 PM
Maria Slavik Completed 01/04/2021 1:18 PM
Ed Koconis Completed 01/05/2021 3:35 PM
Liz Yongue Completed 01/05/2021 3:39 PM
Board of County Commissioners Pending 01/20/2021 9:00 AM
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SECOND AMENDMENT TO CONTRACT FOR
FEMA Coastal Risk MAP Development Consulting Services
THIS SECOND AMENDMENT TO CONTRACT is made and entered into this day of
by MONROE COUNTY ("COUNTY"), a political subdivision of the State of
Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 and THE WOODS
HOLE GROUP, INC. ("CONTRACTOR"), whose address is 107 Waterhouse Road, Bourne, MA
02532 (collectively, the "Parties"). o
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WITNESSETH:
WHEREAS, COUNTY and CONTRACTOR entered into a contract on or about August
21, 2019 for FEMA Coastal Risk MAP Development Consulting Services; and °—
WHEREAS, EXHIBIT A: SCOPE OF SERVICES of the CONTRACT includes seven tasks
and the fee schedule; and
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WHEREAS, the COUNTY and CONTRACTOR contracted an additional task, Task 8, to
deliver maps related to the difference between NGVD29 and NAVD88 datums for the additional
fee amount of$10,500.00 as the FIRST AMENDMENT on or about September 18, 2019; and
WHEREAS, the COUNTY has requested the CONTRACTOR perform two additional
tasks, Task 9, to conduct a hindcast of Hurricane Irma using "best winds" data, to update the
statistical water levels incorporating Hurricane Irma high-water mark (HWM) comparisons and a
recomputed measurement error, and Task 10, to produce an updated 500-year overland wave
analysis as required by FEMA as part of an appeal; and
WHEREAS, the CONTRACTOR has agreed to perform both Task 9 and Task 10 as
described above for the additional fee of $15,190 (proportionate share to be paid by COUNTY) �--
as the SECOND AMENDMENT;
NOW, THEREFORE, in consideration of the mutual covenants and obligations contained N
herein, and other good and valuable consideration,the receipt and adequacy of which are hereby
acknowledged, the undersigned parties agree as follows:
1. The recitals contained herein are true and correct and incorporated herein by reference.
2. The original CONTRACT and the SECOND AMENDMENT between the Parties is hereby
incorporated as if fully stated herein.
3. Exhibit A: Scope of Services to/of the CONTRACT is hereby amended to add:
Task 9: Hindcast of Hurricane Irma (Irma) and Update Statistical Water Levels
Task 9.1 —Acquisition of Irma Wind and Pressure Fields
CONTRACTOR will acquire Hurricane Irma wind and pressure fields from Oceanweather
(OWI) for the time period of September 31 UTC September 14th 00 UTC, 2017. Use of �
OTI wind and pressure fields is consistent with FEMA's approach for the other validation
storms.
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County
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Task 9.2— Model Simulation of Hurricane Irma
Hurricane Irma will be simulated using the updated ADCIRC+SWAN model. Model output LU
of maximum surge will be reviewed to verify the model results. Comparisons will then be
made with the HWM data available for Irma within Monroe County. An updated model
skill term will then be calculated incorporating the Irma results and excluding Andrew.
HWM measurement error will also be quantified with the additional Irma measurements.
Task 9.3 — Update of Statistical Water Levels o
Using the updated model skill term and measurement error, the statistical water levels will
be reanalyzed within the Keys. FEMA's SURGE—STAT program will be rerun using
CONTRACTOR'S updated storm results so that the 1% water level can be determined.
Maps showing the 1%water level and differences between FEMA's 1%water level will be
produced. °—
Task 10: Update 500-year Overland Wave Analysis
Once the statistical water levels are updated based on CONTRACTOR'S reanalysis, this
task will include updating FEMA's 500-year CHAMP database and overland wave
(WHAFIS) modeling to satisfy the requirement for providing a complete overland wave
model update as part of an appeal package. o
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Deliverables and Proposed Schedule
Task 9 Delivery Date is three (3)weeks from given Notice to Proceed
Task 10 Delivery Date is two (2)weeks from completion of 100-year overland wave
+ models
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Due to the nature of this work, there can be unforeseen delays related to computer model
instabilities and computer downtime. CONTRACTOR will give ample notification
(minimum of 14 days) if there is any expected delays in planned delivery of work products.
A new delivery date will be proposed and approved by COUNTY. All work products and <
digital model files developed for COUNTY will be delivered to COUNTY and become
property of COUNTY. Any future use of the delivered work products and data will require
approval from COUNTY. If there is an appeal submission to FEMA,files included with the
Appeal Package will be in the public domain.
FEE SCHEDULE for Task 9 and Task 10 (All Fees are Fixed 1 Not to Exceed)
Task 9.1 —Acquisition of Irma and Pressure Fields $2,480
Task 9.2 — Model Simulation of Hurricane Irma $3,100 W
Task 9.3—Update of Statistical Water Levels $2,170
Task 10: Update 500-year Overland Wave Analysis $7,440
Total $15,190
FEE SCHEDULE based on COUNTY proportionate of number of transects to be shared
with City of Key West, City of Marathon, and Village of Islamorada. COUNTY
proportionate share is 62% of the total $24,500
Section 13. Governing Law, Venue, Interpretation, Costs and Fees. This Contract shall be
governed by and construed in accordance with the laws of the State of Florida applicable
to contracts made and to be performed entirely in the State. In the event that any cause 0
of action or administrative proceeding is instituted for the enforcement or interpretation of )
this Contract, COUNTY and CONTRACT agree that venue shall lie in the 16th Judicial
Circuit, Monroe County, Florida, in the appropriate court or before the appropriate
administrative body. This Contract shall not be subject to arbitration.The construction and
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interpretation of this Contract and all Monroe County Comprehensive Plan provision(s),
Florida Statutes, and Monroe County Code(s) provisions shall be deferred in favor of the
County and such construction and interpretation shall be entitled to great weight in
adversarial administrative proceedings, at trial, bankruptcy, and on appeal. Mediation
proceedings initiated and conducted pursuant to this Contract 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 35. Entire Amendment. This Amendment constitutes the entire Amendment
between the County and the CONTRACTOR for the services contemplated herein. Any
amendments or revisions to this agreement must be in writing and be executed in the
same manner as this Agreement.
4. All of the other terms, covenants, conditions, and provisions of the CONTRACT dated
August 21, 2019, and the FIRST AMENDMENT dated September 18, 2019, except those
expressly modified and rendered inconsistent by this SECOND AMENDMENT, remain in
full force and effect and binding upon the Parties.
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5. .Each.Party agrees that they have authority to sign the SECOND AMENDMENT on behalf N
of each Party and represents and warrants that such person has the full right and authority
tint r,,into this,SECOND AMENDMENT on behalf of such Party and to fully bind such E
f;k to the terms.and obligations of this SECOND AMENDMENT.
6. This SECOND AMENDMENT is binding on the successors and assigns of the Parties.
..IN WITNESS WHEREOF, the undersigned executed this SECOND AMENDMENT to
CONTRACT this' day of , 20
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(SEAL)
Attest: KEVIN MADOK, CLERK OF COURT BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA N
By: By:
As Deputy Clerk Mayor Michelle Coldiron
THE WOODS HOLE GROUP. INC.
Attest:
By: y:
WITNESS Robe . Hamilton,Vr.
Title: slit��' ���`1- "-` � _ Title: President E
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By: 1AI
VY I E S MON ROE COUNTY ATTORNEY
AHED TD�ORM
Title: SraJi�(LNvt(i,,en/ls1T�cL �GtGES'} pate;
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STATE OF
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COUNTY OFiC_ C�- C
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On this day of nc 20 21 , before me appeared Robert P. Hamilton, Jr., 2
President of The Woods le Group, I c.,the person whose name is subscribed above, and who 0
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produced cec>Se- as identification, or is personally known to me, and
acknowledged that he/she is the person who executed the above Contract for the purposes
therein contained and did take an attestation or oath.
otary Public
Print Name
My commission expires: 1— ls� 23 _ Seal N
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CATHERINE A IVlC}RE�f;
Notary-i�04110 �
CAMMONIIIIEAiTH OF MAS.SArHUSF.r.Y ;
/ MY GOfTlMISS10f) Expires
January 6, 2CW
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Page 4 of 4 Contrac r County
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FIRST AMENDMENT TO CONTRACT FOR
FEMA Coastal Risk MAP Development Consulting Services
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THIS FIRST AMENDMENT TO CONTRACT is made and entered into this !!�f�t. day of
Z°I , by MONROE COUNTY ("COUNTY"), a political subdivision of the State of
Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 and THE WOODS
HOLE GROUP, INC. ("CONTRACTOR"), whose address is 107 Waterhouse Road, Bourne, MA
02532 (collectively, the "Parties").
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WITNESSETH: 0
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WHEREAS, COUNTY and CONTRACTOR entered into a contract on August 21, 2019
for FEMA Coastal Risk MAP Development Consulting Services
WHEREAS, EXHIBIT A: SCOPE OF SERVICES of the CONTRACT includes seven tasks
and the fee schedule; and
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WHEREAS, the COUNTY has requested the CONTRACTOR to perform an additional
task,Task 8, to deliver maps related to the difference between NGVD29 and NAVD88 datums as
the FIRST AMENDMENT; and
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WHEREAS, the CONTRACTOR has agreed to perform TASK 8 as described above for
the additional fee amount of$10,500.00 as the FIRST AMENDMENT; 0
NOW, THEREFORE, in consideration of the mutual covenants and obligations contained
herein, and other good and valuable consideration,the receipt and adequacy of which are hereby
acknowledged, the undersigned parties agree as follows:
1. The recitals contained herein are true and correct and incorporated herein by reference.
2. The original CONTRACT between the Parties is hereby incorporated as if fully stated
herein. coCD
3. EXHIBIT A: SCOPE OF SERVICES of the CONTRACT is hereby amended to add Task
8: Preparation and delivery of"difference maps" using currently effective Flood Insurance 0
Rate Maps (FIRMS,) converting the current National Geodetic Vertical Datum of 1929
(NGVD29) to the North American Vertical Datum of 1988 (NAVD88,) and then comparing 0
this to the draft FIRMs presented on August 22, 2019 to demonstrate the change in Base
Flood Elevation (BFE) by parcel and flood zone. The FEE/COMPENSATION to be paid
to CONTRACTOR for Task 8 shall be $10,500.00.
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4. All of the other terms, covenants, conditions, and provisions of the CONTRACT dated
August 21, 2019, except those expressly modified and rendered inconsistent by this
FIRST AMENDMENT, remain in full force and effect and binding upon the Parties. u
5. Each Party agrees that they have authority to sign the FIRST AMENDMENT on behalf of
each Party and represents and warrants that such person has the full right and authority
to enter into this FIRST AMENDMENT on behalf of such Party and to fully bind such Party 0
to the terms and obligations of this FIRST AMENDMENT.
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6. This FIRST AMENDMENT is binding on the successors and assigns of the Parties.
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Page 1 of 2 Contractor County_______
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N WITNESS WHEREOF, the undersigned executed this FIRST AMENDMENT t LU
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TRACT this day of September, 2019.
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` +" r IN MADOK, CLERK OF COURT BOARD OF COUNTY COMMISSIONERS
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OF MONROEjqOUNTY, FLORIDA c
By: -------- By: -
eputy Clerk Mayor
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THE WOODS HOLE GROUIC. c
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Attest:Bv: �� r
WITNESSU Robert P. amilton,;,r? a•
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Title: Q.c�c Title: President - r
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By:
-WITNESS(--
WNROE C9U14 . ATTORNEY
Title: i,LP �'S S-�Z- A ,I A�FOMP
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STATE OF ASSISTANT OU TY ATTORRIV
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COUNTY OF
On this day of �P Q 2019, before me appeared Robert P. Hamilton, Jr.,
President of The Woods Hole Group, Inc., the person whose name is subscribed above, and who
produced_ � U�U vI5<C as identification, or is personally known to me, and
acknowledged that he/she is the person who executed the above Contract for the purposes
therein contained. e
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-- - sib CATHERINE A. MOREY
otary Public Notary Public
COMMONWEALTH OF MASSACHUSETTS
My commission Expires
January 6, 2023
Print Name
My commission expires: - _ ";Seal
Page 2 of 2 Contractor_ _I'�(_ County_______
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J.7.c
MONROE COUNTY
CONTRACT FOR
FEMA Coastal Risk MAP Development Consulting Services
THIS AGREEMENT is made and entered into this day of �'i `� , by MONROE
COUNTY ("COUNTY"), a political subdivision of the State of Floxfda, whose address is 1100
Simonton Street, Key West, Florida 33040 and THE WOODS HOLE GROUP, INC.
("CONTRACTOR"), whose address is 107 Waterhouse Road, Bourne, MA 02532 (collectively,
the"Parties").
Section 1. SCOPE OF SERVICES
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:
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. o
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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
services.
Section 2. QUALIFICATIONS NECESSARY OF CONTRACTOR
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The CONTRACTOR must provide an adequate staff of experienced personnel, capable of and
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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 o
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, W
company, corporation, individual or firm other than a bona fide employee, contractor or o
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:
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M. Leslie Fields Project Manager overseeing FEMA CHAMP modeling, GIS services,
and flood mapping
Matt Shultz Technical Lead overseeing and conducting review of ADCIRC/SWAN
modeling, storm climatology assessment, and engineering analysis
Kirk Bosma QA/QC/subject matter expert for ADCIRC/SWAN modeling, storm
climatology assessment, and engineering analysis
Arden Herrin CHAMP modeling, engineering analysis of wave runup, overtopping,
and structural failure
Mitch Buck Engineering analysis of erosion, wave runup, overtopping, and
structural failure
Alex Shaw CHAMP modeling, engineering analysis of wave runup, overtopping, N
and structural failure
Elise Leduc Feature delineation, database management and flood zone/BFE e
mapping
Grace Medley—_—_CHAMP modeling, engineering analysis of wave runup, overtopping, —_
and structural failure
Nadine Sweeny Administrative
Any change to the above-listed personnel requires notification to the County, in writing,
within three (3) business days after implementation of the change.
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Section 3. TERM OF AGREEMENT
The initial contract term will be for five (5) years beginning August 21, 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.
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Section 4. COMPENSATION
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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 2
5.1 Payment will be made according to the Florida Local Government Prompt Payment Act.
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Any request for payment must be in a form satisfactory to the Clerk of Courts for Monroe m
County (Clerk). The request must describe in detail the services performed and the e
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, dote 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
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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 o
contract at any point.
Section 7. CONTRACTOR'S ACCEPTANCE OF CONDITIONS
7.1 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, 0
and other requirements suitable to perform this work and assumes full responsibility o
therefore. The provisions of the Agreement shall control any inconsistent provisions cv
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.
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 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
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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.
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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 o
Key West, FL 33040
To the CONTRACTOR: The Woods Hole Group, Inc. E
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107 Waterhouse Road
Bourne, MA 02532
Attn: Leslie Fields
Section 9. RESERVED
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Section 10. RECORDS
CONTRACTOR shall maintain all books, records, and documents directly pertinent to T
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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 o
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.
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Section 11. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS.010-1990 AND 020-1990 0
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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 co
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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.
Section 13. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES
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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.
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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.
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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 y
with a valid provision that comes as close as possible to the intent of the stricken provision.
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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 0
Procedure and usual and customary procedures required by the Circuit Court of Monroe County. o
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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.
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Section 17. AUTHORITY
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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.
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Section 18. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
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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.
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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 o
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.
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Page 5 of 20 Contractor Rp__ County
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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 2- -
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, o
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. 0
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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 E
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. .�
20.4 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' co
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 24, 2
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
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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. o
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 Contract r _ _ County-------
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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 ca
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. 2-
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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.
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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, conflict!ng'employment or contractual relationship; and 0
disclosure or use of certain information. By signing this Agreement, CONTRACTOR represents o
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.
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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 co
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 N
agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at
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its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, o
commission,,percentage, gift, or consideration.
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Section 24. PUBLIC ACCESS
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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:
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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.
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24.3 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 0
agency to perform the service. If the contractor transfers all public records to the public o
agency upon completion of the contract, the contractor shall destroy any duplicate public cv
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.
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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. N
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Section 26. PRIVILEGES AND IMMUNITIES o
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
Page 8 of 20 Contract r_ Y County---___
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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.
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Section 27. LEGAL OBLIGATIONS AND RESPONSIBILITIES
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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, o
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 0
program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither o
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 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.
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Section 30. NO PERSONAL LIABILITY
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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. 2
Section 31. EXECUTION IN COUNTERPARTS
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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.
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Section 32. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of reference
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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
2
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 2
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 y
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 o
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 0
assessments shall be imposed as if the work commenced on the specified date and time, o
except for the CONTRACTOR's failure to provide satisfactLory 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. .�
The CONTRACTOR shall provide, to the COUNTY, as satisfactory' evidence of the
required insurance, either:
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• 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, LU
material change, or reduction in coverage unless a minimum of thirty (30) days prior T
notification is given to the County by the insurer. o
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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
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Page 10 of 20 Contractor 1__ County
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included as "Additional Insured"on general liability and vehicle liability policies.
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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 2-
obtain General Liability Insurance. Coverage shall be maintained throughout the life of
the contract and include, as a minimum:
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• Premises Operations
• Bodily Injury Liability
• Expanded Definition of Property Damage
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The minimum limits acceptable shall be: 0
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$300,000 Combined Single Limit(CSL)
If split limits are provided, the minimum limits acceptable shall be:
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$100,000 per Person
$300,000 per Occurrence 0
$ 50,000 Property Damage 0
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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. 0
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
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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 Personco
$300,000 per Occurrence
$200,000 Property Damage
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The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements. 2
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33.4 Workers' Compensation Insurance Requirements
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Prior to commencement of work governed by this contract, the CONTRACTOR shall
obtain Workers'Compensation Insurance with limits sufficient to respond to the applicable . N
state statutes.
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In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with limits of
not less than:
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$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits ca
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract. 2- -
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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 0
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
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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 01,
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 co
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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. 2
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, LU
0
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 N
damage incurred by the COUNTY as a result of additional costs caused by such errors shall be
0
chargeable to the CONTRACTOR. This provision shall not apply to any maps, official records, 0
contracts, or other data that may be provided by the COUNTY or other public or semi-public
agencies.
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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 LU
complete the work schedule. Such an agreement shall be made between the parties. 2- -
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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.
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Page 13 of 20 Contract `/ County
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ut
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4t�o
nMMOR cOUN1r
Attes : MADOK, CLERK OF COURT BOARD OF COUNTY COMMISSIONERS
OF MONRO COU FLORIDA
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By: By: 444W
Deputy Clerk Mayor
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THE WOODS HOLE GROUP. INC.
Attest: n
WITNESS Robe ilton, Jr.
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Title: ✓n 6� �' i45 Title: President
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By: 50rr-'
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WITNESS r-71��,-�
Title: ��Ul/�.2�rJj'����-✓� �= N
C.3
STATE OF r` c�
W.
COUNTY OF
On this day of 2019, before me appeared Robert P. Hamilton, Jr.,
President of The Woods Hole Gr9up, Inc., the person whose name is subscribed above, and who co
produced_ �"� l.t c-on ae as identification, or is personally known to me, and
acknowledged that he/she is the person who executed the above Contract for the purposes
therein contained.
atL11�ROE fr �,lh3T�!ATTORNEY
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No ary Public A ��';' *• OJANS
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Print Name pit®. �(7 (g -
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My commission expires:_1-U - 3 Seal
.C—\ CATHERINE :Expires
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UTNotary P �Vk�)O/��County
COMMONWEALTH OF ETTS Page 14 of 20 Contractor -------
My CommissiJanuary 6
Packet Pg. 1909
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EXHIBIT A: SCOPE OF SERVICES
Services include independently reviewing FEMA's South Florida Coastal Risk MAP (Mapping,
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Assessment and Planning) development process for Monroe County.
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CONTRACTOR shall prepare a summary review report for each step of the South Florida Coastal
Risk MAP Study as described in the Tasks below.The summary reports shall 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.
FEE SCHEDULE follows Task 7. COMPENSATION shall be pursuant to Section 4.of Agreement. °3
Task 1: Review of Existing Studies
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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.
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- 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 o
properties, Hazus—MH data, and letters of map change.
0
- 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.
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Deliverable: NONE
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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) U
development, mesh development, storm climatology, and selection of the storm surge validation
storms.
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- Creation of seamless topographic and bathymetric DEM
- Creation of 2D mesh file for ADCIRC o
- LiDAR basics and ingestion of large LiDAR datasets
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- Bathymetric data obtained from GEODAS, USACE Hydro Surveys, and other possible
sources of data
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Page 15 of 20 Contractor County_______
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Conversion from tidal datums to orthometric datums
Creation of mesh QC tools
Storm parameter and structure tests
2
- Tropical cyclone parameter analysis and synoptic climatology
- Validation of simulated peak surges and wave conditions with measured data
Deliverables:
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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
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.
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- ADCIRC and SWAN controls and forcing
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- 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.
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2. Consultant will prepare a final report to address staff comments on draft report.
1.4—South Florida Storm Surge Study(IDS#3)
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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.
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- JPM Reference Set: JPM-OS storm set development LU
- Statistical analysis of historic tropical cyclonic storms o
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- Synthetic storms that characterize storm population
- Standard deviations of secondary parameters
- Effects of inclusion of secondary parameters on flooding calculations
Page 16 of 20 Contractor R County
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- Effect of astronomical tide on flooding frequencies
- Effects of storms, tide amplitudes, and tide phases
Deliverables:
0
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.
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Task 2: Review of FEMA Work Maps
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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
2.2—FEMA Work Maps and Coastal Flood Hazard Analysis (IDS#4 and IDS#5) U
0
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. o
- PFD determinations
- Limit of Moderate Wave Action (LiMWA) delineations �--
- Inland limits of the 1% and 0.2% chance floods
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- Identification of coastal gutter lines and BFEs CCD
Deliverables:
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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 o
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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%
Page 17 of 20 ContractoCounty______
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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 U
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. c
3. Present to FEMA, if requested by the County.
Task 3: Review of FEMA Preliminary FIRIVIs
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 0
and FIS. Consultant will attend meeting if requested to do so by Monroe County. c
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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
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- CHAMP database
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- WHAFIS wave height calculations
- Run-up and overtopping calculations
- Dune erosion analysis
- Coastal structure analysis
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- Incorporation of previously issued Letters of Map Revision
- Geospatial files developed during the Risk MAP study o
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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 0)
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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 2- .
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 y
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. o
Deliverables:
1. 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.
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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 co
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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. LU
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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 o
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Task 6: Appeal Filing and Testimony
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Consultant may provide appeal filing, as requested by County for appeal. Hourly Rates should
apply. LU
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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 m
coordinated by the County.
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FEE SCHEDULE
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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;720
Task 2.1 Flood Risk Review Meeting $14,250 U
Task 2.2 FEMA Work Maps and Coastal Flood Hazard Analysis (IDS#4 and $15,155 0
IDS#5
Task 2.3 FEMA Work Maps and Current Effective FIRMs Comparison $24,315
Task 3: Review of FEMP.Preliminary.FIRM s (TOTAL) $7.0,680=.-
Task 3.1 Flood Community Consultation Officers (CCO) and Public $14,250
Meetings
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
Ta k 4-Rev Study and-FIRMs(TOTAL) = ' 31-,260 -_
Task 5: Individual Property Owner Appeal Review HOURLY RATE: $125-$185/hr
Task&.Post Appeal Filing Testimony HOURLY RATE: $185
Task 7: In Petson Meetings.LUMP SUM.PER PERSON, PER NIGHT,TWO DAYS',--;$3,380/night
PER VISIT-: ,,.. _ -- c44
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Task 5' `Personnel Naive - HOURLY RATE
M. Leslie Fields $ 185
Matt Shultz $ 185
Arden Herrin $ 125
Mitch Buck $ 135
Elise Leduc $ 125
$
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NotaryPublic $
COMMONWEALTH OF MASSACHUSETTS $
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January E, 2023 is
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ACOI V CERTIFICATE OF LIABILITY INSURANCE °Ak..� - r �en1 ;"'I1t1j _
THIS CERTIFICATE IS ISSUED AS'A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS y
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED (0
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER;
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the pollcy(les)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on UJ
this certificate does not confer rights to the certificate holder in lieu of such endorsemtint(s).
PRODUCER CONTACT 0
NAME Liz Steele
Arthur J.Gallagher Risk Management Services,Inc. PHONE PAx
250 Park Avenue,5th Floor 212-994-7100 Afc No:212-994.7047
New York NY 10177 `1N°"MIL ADDRESS: liz Steele a .cam
INSURERS AFFORDING COVERAGE NAIC0
INSURER A:XL Specialty Insurance Company 37885
INSURED WOOD}€OL44 INSURER 6:Twin City Fire Insurance Company 29459
107 Hole Group,Inc, INSURERC:LM Insurance Corporation 33600
107 Waterhouse Road
Bourne MA 02532 INSURER6:Indian Harbor Insurance Company- 36940
INSURER E:
INSURER F-
COVERAGES CERTIFICATE NUMBER:373410681 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN,MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I1� TYPE°FINSURANCE �� POLICY NUMBER P EFF POLICY EXP VMS
A X COMMERCIAL GENERAL LIABILITY UM00030167MAIBA 1/112019 111/2020 EACH OCCURRENCE 311,000,0DO 0
CLAIMS•MADE Y P EMtMES tEe oeeuirefueuei S 50,000 _.
MED EXP(Any one rwrsoni S 5,000. _ tV
PERSONAL tD ADV INJURY- - $1.000.000
GEN'LAGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE 52,000.000 0)
POLICY❑J8CT 0 Lac WAIVM Y �. PRODUCTS-COMPIOPAGG S2.000,000 r-
OTHER: S a)
B AUTOMOBILE LIABILITY 16UENHF0516 1/l/2019 1/1/2020 LPMeINED
ANGLE LIMIT S 1,000,000
ANY AUTO BODILY INJURY(Per person) S
OWNED LED 0
AUTOS ONLY x AUTOS U BODILY INJURY(Per accident) S
X HIRED X NON•3WNED PROPERTY DAMAGE S
AUTOS ONLY AUTOS ONLY er secYkni CI
$
A I X UMBRELLA UAB X OCCUR UM00044626MA19A 1/112019 11112020 EACHOCCURRENt,E 510,000,000 C
EXCESS LIAR CLAIMS•MADE AGGREGATE S IdiOD0,006 W
DED I X I RETENTIONS S
C WORKERS COMPENSATION VVCS-31S-317560-039 1/1I2o19 11112020 X S T - H• CV
AND EMPLOYERS'LIABILITY YIN T—
ANYPROPRIETORIPARTNER(EXECUTIVE N/A E.L.EACH ACCIDENT S1,000.000 CV
OFFICERIMEMBER EXCLUDED?
(Mandatory In NH) E.L.DISEASE-EA EMPLOYE S1,000.000 CD
DE describe under
SCRIP ONO OF belay E.1-DISEASE-POLICY LIMIT S 1,000,000 U
D Professional Liability N N PECO05209101 6115201t)' 611=020 1 Ot:urrrence 1,000,000
Aggregate 1,0001000
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DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101tAddRlonst Remarks Schedule_,may be attached If more space Is required)
Monroe County listed as additional Insured as required by written contract
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CERTIFICATE HOLDER CANCELLATION O
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE OEUVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Monroe County
1100 Simonton Street
Key West FL 33040 AUTHORIZED REPRESENTATIVE
I '
0 1988-2016 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD
Packet Pg. 1916
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Shultz Matt le
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From: Clinch,Adam <Adam.Clinch@aecom.com>
Sent: Friday, November 06, 2020 12:42 PM
To: Keith L. Williams; Shultz Matt o
Cc: Conn.Cole@em.myflorida.com;Vieira, Mark; Martinenza, Kristen; citymanager@mysanibel.com;
Kevin.Ruane@mysanibel.com; sanibelbuild@mysanibel.com; Taylor, Michael; Cohoon,Zachariah
Subject: Submittal Acknowledgement: City of Sanibel, Lee County, Florida st
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Dear Mr.Williams: 0 2
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This email acknowledges receipt of the correspondence dated October 1st, 2020, sent from the City of Sanibel regarding
the preliminary Flood Insurance Rate Maps (FIRMS) and Flood Insurance Study(FIS)for Lee County,FL issued June 28, N
2019.Woods Hole Group submitted data and information for a site-specific coastal analysis based on revised modeling 0
obstruction inputs,proposing revision to the following preliminary FIRM panels: o
1. 12071C0533G
2. 12071C0534G
3. 12071C054IG
4. 12071C0536G
5. 12071C0537G
6. 12071C0506G
7. 12071C0507G
8. 12071C0509G o
9. 12071C0530G
In order to further evaluate this case,the following clarifications are being requested: .E
10. Provide the following updated spatial digital data files for this submittal: `S_Fld_Haz_Ln,' and
`S_LiMWA.'
11. According to the FEMA Guidance for Flood Risk Analysis and Mapping:Appeal and Comment 0
Processing(Feb 2019),the following submittal based on technical updates to modeling requires revised
flood profiles and all applicable FIS report tables, including the transect data table. Please provide 0.2
percent-annual-chance CHAMP databases and WHAFIS modeling in order to update the FIS Coastal
Profiles associated with all published transects. Please provide revised FITS products and tables for all
published transects that are being revised.
12. Please provide recommended revisions to mapping for consistent mapping with the preliminary study. r
Comments are noted in the shapefile, "Sanibel_Mapping_Comments.shp,"provided in the following link
a.� ,, s s r' o
is t
Please provide any updated mapping deliverables based on any changes to modeling within 30 days of this letter.
Requested data may be sent to the Mapping Partner,
Mike Taylor,PE, CFM, PMP
1360 Peachtree Street NE, Suite 500
Atlanta, GA 30309, USA i
If we do not receive any additional clarifications from your community within the 30-day period, FEMA will finalize the Z
FIRMS and FIS by issuing a Letter of Final Determination (LFD). The LFD will explain the adoption/compliance process E
and will state the date when the FIRM and FIS report will become effective. i)
FEMA appreciates your community's comments and commitment to having the most accurate flood hazard information
available reflected on the FIRMS and in the FIS. If you have any questions regarding this matter,please contact Mark
Vieira of my office either by telephone at 770-220-5450 or by e-mail at Mark.Vieira(a femaAhs.gov or Michael Taylor of Zu
Compass by telephone at 404-946-9488 or by email at Michael.Taylor@aecom.com.
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Packet Pg. 1917
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Regards, le
T)
Adam Clinch, PE _
Coastal Engineer, AECOM Water
D+843-302-8721 y
M +941-284-4783
adam.clinchp_aecom.com
AECOM
4016 Salt Pointe Parkway
North Charleston, SC 29405, USA
T+843-767-4602
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Built to deliver a better world
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