1st Amendment 07/21/2021 :w"w. , Kevin Madok, CPA
(.
'.; ;;'l Clerk of the Circuit Court&Comptroller—Monroe County, Florida
DATE: July 28, 2021
TO: Rhonda Haag, Director
Su stainability
FROM: Sally M. Abrams, D.C.
SUBJECT: July 21, 2021 BOCC Meeting
Attached, for your handling, is an electronic copy of Item P6, Amendment No. 1 in the Amount
of$39,425 to a Contract with Erin L. Deady P.A. to Perform an Updated Vulnerability
Assessment and Provide Consulting Services to Guide Monroe County Through the Resilience
Florida Grant Program and Applications and Update the Green Keys Plan, Retroactive to June
30, 2021.
Should you have ally questions, please feel free to contact me at ext. 3550. Thank you.
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,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
AMENDMENT NO. I
TO THE
CONTRACT
BETWEEN MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
AND
ERIN L. DEADY P.A.
TO
UPDATE THE EXISTING VULNERABILITY MODELING
THIS AMENDMENT NO. 1 TO THAT AGREEMENT dated September 16, 2020 is made and
entered into this 21" day of July, 2021 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 %2 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 prepare a vulnerability assessment; and
WHEREAS, Consultant developed a vulnerability assessment using the NOAA Intermediate
High sea level curve as required under the County's Comprehensive Plan; and
WHEREAS, the COUNTY desires to engage Consultant to provide additional vulnerability
assessment services using the NOAA Intermediate Low sea level rise curve among other
requirements contained within Section 380.093, Florida Statutes for Resilient Florida grants; and
WHEREAS, such curve and other vulnerability assessments requires are included under the I
Florida Resilience grant program in order to receive maximum points in that particular category;
and
1
WHEREAS, the Consultant also agrees to update the County's Green Keys Work Plan to indicate
the tasks completed and to distribute the remaining tasks over the next 5-year period including any
new tasks resulting from the Vulnerability Assessment(2021); and
WHEREAS, the Consultant agrees to provide such services to the COUNTY according to the j
terms and subject to the conditions set forth herein.
a
NOW, THEREFORE, for and in consideration of the mutual covenants and promises as J
hereinafter set forth and of the faithful performance of such covenants and conditions, the
COUNTY and CONSULTANT do hereby agree as follows:
t
Section 1. SCOPE OF SERVICES
CONSULTANT shall perform and carry out in a professional and proper manner certain duties as �t
described in the Scope of Services Exhibit A-I which is attached hereto and made a part of this
1
I
t
I
G
r
agreement. 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
Section 3. TERM OF AGREEMENT
3.1 Except as noted below, this Amendment No I shall be retroactive to June 30, 2021 and
will conclude with delivery of the deliverables outlined in Exhibit B-1 of this
Amendment, which shall not be later than December I, 2021.
Section 4. PAYMENT TO CONSULTANT
4.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S
performance of this Amendment a lump sum amount of Thirty Nine Thousand Four
Hundred Twenty Five Dollars($39,425.00).
4.2 Payment will be made according to the Deliverable Schedule attached as Exhibit B-I,
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.
v
`r
ITy-WITNESS WHEREOF, the parties hereto have caused these presents to be executRk'n the 7 -:
r rc' day of 3kl , 2021. {n _ C
(11b' Y, O
' ) r
Kevin Madok, CLERK BOARD OF COUNTY COMMISSIONERS
1"�, OF MONROE COUNTY,FLORIDA
a _�
l �11 1111
y �� slDc �( l. > �'lS By:
As De_U. ty Clerk Mayor
(CORPORATE SEAL) ERIN L. DEADY.kEe e.A-. MONROE CO ATTORNEY
ATTEST: APP TO FORM
7
PETER MORRIS
By By:� ASSISTANT COUNTY ATTORNEY
z Date: 7/7/21
2
Title:
Exhibit A-1
SCOPE OF SERVICES
4.1 Purpose
Based on review of Committee Substitute/Senate Bill 1954 (Section 380.093, F.S.), this scope of
services is to complete additional work relative to the Monroe County Vulnerability Assessments
that was completed earlier in 2021 and submitted to the State of Florida Department of
Environmental Protection. That Vulnerability Assessment compiled data and modeling that serves
as an update for the County's Green Keys Plan.
While the Florida Resilience CS/SB 1954 legislation was signed into law May 12, 2021, the State
still has unanswered questions about how this program will operate. Much of our analysis is based
on a "worst case" interpretation in terms of level of effort to comply and a strict reading the
legislation and its requirements. We continue to believe that given the significant amount of work
undertaken by Monroe County to date, that the County is ahead of the game, but more work may
be necessary to bring those documents and analysis into more strict compliance with what the
legislation now requires.
r
Our rationale is as follows: Y
1. Statewide Flood and Sea Level Rise Resilience Plan. This document prepared by DEP
is the"lynchpin"for funding. By December 1,2021,DEP must produce the first such plan.
All parties recognize this will occur before the required rulernaking is completed but also
before the State has completed the comprehensive statewide flood vulnerability and sea
level rise assessment. But despite those foundational efforts, the first plan will be
completed this year.
2. Project submittals. DEP has opened their project submittal grant"portal"until September �
1, 2021. The language in the law states: (d)1. By September 1,2021, and each September 1
1 thereafter, counties and municipalities may submit to the department a list of proposed
projects that address risks of flooding or sea level rise ideizt'fed in vulnerahffj. t
assessments that meet the re(1uLrgmeuts of suhsectiorz (3). Those requirements are below
in the footnote. i
1
' (3)(c)A vulnerability assessment conducted pursuant to paragraph(b)must encompass the entire county or
municipality;include all critical assets owned or maintained by the grant applicant;and use the most recent publicly
available Digital Elevation Model and generally accepted analysis and modeling techniques.An assessment may
encompass a smaller geographic area or include only a portion of the critical assets owned or maintained by the J
grant applicant with appropriate rationale and upon approval by the department.Locally collected elevation data
may also be included as part of the assessment as long as it is submitted to the department pursuant to this t
paragraph.
1.The assessment must include an analysis of the vulnerability of and risks to critical assets,including regionally
significant assets,owned or managed by the county or municipality.
2.Upon completion of a vulnerability assessment,the county or municipality shall submit to the department the
following:
a.A report detailing the findings of the assessment.
3
II
II
l
3. Our best information right now is that the County shall work towards "bridging the gap"
between work that has already been done and "compliance" with the requirements in
subsection (3). Not all of this work to meet these requirements can be completed prior to
this year's September 1, 2021 grant application deadline, but some of it can be completed
to support the County's "list of grant application projects". Our best information is that
those projects based on a vulnerability assessment that meets more of the criteria in
subsection (3) will score better than those that don't.
This is our current best information, without an implementing rule in place and in advance of the
July 14, 2021 DEP workshop that has been scheduled to have a more public discussion on this.
This work is to support Monroe County's project submittals and update the Green Keys Work Plan
to indicate the projects completed, add in potential new projects, and move the remaining
unfinished projects over the timeline to years 6-10. This Green Keys Update will include a
summary supporting narrative.
This work does not include preparation of grant applications to be submitted through DEP's project
portal. This work also does not include a full rewrite of the Green Keys Plan.
I
i
b.All electronic mapping data used to illustrate flooding and sea level rise impacts identified in the assessment.When
submitting such data,the county or municipality shall include:
(I)Geospatial data in an electronic file format suitable for input to the department's mapping tool.
(II) Geographic information system data that has been projected into the appropriate Florida State Plane Coordinate
System and that is suitable for the department's mapping tool.The county or municipality must also submit metadata
using standards prescribed by the department.
c.A list of critical assets,including regionally significant assets,that are impacted by flooding and sea level rise.(d)
A vulnerability assessment conducted pursuant to paragraph(b)must include all of the following,if applicable:
1.Peril of flood comprehensive plan amendments that address the requirements of s. 163.3178(2)(f),if the county or
municipality is subject to such requirements and has not complied with such requirements as determined by the
Department of Economic Opportunity.
2.The depth of:
a. Tidal flooding, including future high tide flooding, which must use thresholds published and provided by the
department.To the extent practicable,the analysis should also geographically display the number of tidal flood days
expected for each scenario and planning horizon.
b.Current and future storm surge flooding using publicly available National Oceanic and Atmospheric Administration 1
or Federal Emergency Management Agency storm surge data.The initial storm surge event used must equal or exceed
the current 100-year flood event. Higher frequency storm events may be analyzed to understand the exposure of a
critical asset.
c.To the extent practicable,rainfall-induced flooding using spatiotemporal analysis or existing hydrologic and
hydraulic modeling results. Future boundary conditions should be modified to consider sea level rise and high tide
conditions.
d.To the extent practicable,compound flooding or the combination of tidal,storm surge,and rainfall-induced
flooding.
I
3.The following scenarios and standards:
a.All analyses in the North American Vertical Datum of 1988.
b. At least two local sea level rise scenarios, which must include the 2017 National Oceanic and Atmospheric
Administration intermediate-low and intermediate-high sea level rise projections. 1
c.At least two planning horizons that include planning horizons for the years 2040 and 2070.
d. Local sea level data that has been interpolated between the two closest National Oceanic and Atmospheric
Administration tide gauges.Local sea level data may be taken from one such gauge if the gauge has a higher mean
sea level.Data taken fi•om an alternate tide gauge may be used with appropriate rationale and department approval,as
long as it is publicly available or submitted to the department pursuant to paragraph(b).
4
r
r
4.2. Project Description: In summary, the Consultant will provide, as required in, Section
380.093, Florida Statutes, the following components for a vulnerability assessment.
1. GIS data illustrating flooding and sea level rise impacts to unincorporated Monroe County.
a. Coordinate System: FL State Plane EAST
b. Metadata Standard
i. GIS Location Data Standard I STD-09061811.1.1 (Rev July 2014)
ii. Physical Data Modeling Standard STD-09061805.2.0
iii. Database Object Coding Standard STD-14121501.2.0
c. Required modeling
i. Tidal flooding
ii. Sea level rise
1. NOAA 2017.
a. NOAA Intermediate Low
i. 2040
ii. 2070
b. NOAA Intermediate High
i. 2040
ii. 2070
iii. Future storm surge (publicly available NOAA/FEMA data)
1. Equal or exceed 100-year flood event
iv. Sea level rise, storm surge and rainfall induced flooding (combinations of)
2. Report detailing findings and vulnerability observations.
a. List of critical assets, including those regionally impacted by flooding and sea level
a
rise
The following includes the approach to be used by the Consultant for updating the 2021 Monroe
County vulnerability assessment:
Previously Obtained Data
The following was obtained via previous FDEP grant derived works. *Portions of previous works
to date may exceed requirements and contribute to higher ranking but were left off this listing due
to their absence in the CS/HB 7019 summary above. )
1. GIS data illustrating flooding and sea level rise impacts
2. Required Modeling
a. Sea level rise I
i. NOAA Intermediate High sea level rise curve
1. 2040
2. 2070
3. 2100 (exceeds standard)
b. Future storm surge
i. NOAA Intermediate High 2100 + 100-yr surge (based on compact's 2015
projects)
3. Report detailing findings/vulnerability observations.
5
li
i
�i
It should be noted that portions of previous work to date may exceed requirements and contribute
to higher ranking such as social vulnerability.
Summary Tahlg !CQm11aring StalutoLy re uirements either already addressed or contained
within this scone of services:
Item Addressed Notes
Metadata Standard See tasks below.
High Tide Flooding Not achievable by September I
NOAA 2017 Intermediate Low—2040 See tasks below.
NOAA 2017 Intermediate Low—2070 See tasks below.
NOAA 2017 Intermediate High—2040 X
NOAA 2017 Intermediate High—2070 X
Future Storm Surge (equal or exceeding X Outdated SLR projection
100-yr flood event) contained within Watershed
Management Plan—NOAA 2012
t
IH 2100+ 100 yr. Not
achievable by September 1.
Combinations of Sea Level Rise, storm Not achievable by September 1
sure and rainfall
Report with findings and list of critical X Critical assets identified, but
assets vulnerability assessment
presently does NOT include
intermediate low. The revised
assessment will include it.
Primarily this scope of work will include the NOAA Intermediate Lotiv sea level rise modeling, as
well as a narrative Appendix or Supplement to the 2021 Vulnerability Assessment including the J
rationale on how requirements are met or couldn't be met within the period of time to submit
project applications to DER It should be noted that this work only includes that which can {
foreseeably be completed within the timeframe for project submittals and that further work on high
tide flooding and storm surge would have to be undertaken at a later date subsequent to September
1, 2021. This will not achieve 100% with the new vulnerability assessment statutory criteria due
to the time constraints with submitting projects for this year, but it will bring the County into
compliance with more of the requirements. J
4.3 Project Tasks & Deliverables 1
Task 1
A. Title; Provide Strategy for project submittals,vulnerability assessment update.
B. I: Document numerous approaches to achieve compliance with new vulnerability
assessment requirements in Section 380.093, Florida Statutes.
6 '
i
lr
C. Descri lion: This will include a memo on comparing the existing County vulnerability
efforts with that required in Section 380.093, Florida Statutes.
D. Deliverables:
1) Memorandum Outlining Existing Data and Vulnerability Assessments with state law
and recommendations for strategy for County grant submittals.
Task 2
A. Ti le: Updated Vulnerability Assessment
B. 0 1• Update the County's Vulnerability Assessment
Descri lion: This will include the following elements related to data, analysis,modeling,
mapping, and preparing metadata as required by the state for those elements that can be
conducted prior to September 1,2021 to support grant applications.
i
1. Additional data considerations/Road Data Reconciliation
2. Sea Level Rise Impact Projection Data Processing
a. NOAA Intermediate Low
i. 2040
ii. 2070
iii. 2100
3. Report&Map Output
a. List of critical facilities by year for NOAA Intermediate High & NOAA
Intermediate Low.
b. Rationale and justifications for statutory criteria met or scope �
4. Preparing minimum required metadata based on GIS standards
i
i
I
C. Deliverable(s):
1) Updated Vulnerability Assessment Narrative and Map Series
2) Metadata to meet state standards
Task 3
i
A. Title: Update of Green Keys Work Plan
• I
B. al: This Task updates and brings current the Green Keys Work Plan with an Executive 1
Summary-styled supporting narrative.
i
G
7
C. Descri tion: This work is to support an update the Green Keys Work Plan to indicate the
projects completed, add in potential new projects, and move the remaining unfinished
projects from years 1-5 to years 6-10. This Green Keys Update will include a summary
supporting narrative.
D. Deliverables:
1) Updated Green Keys Work Plan
2) Supporting summary narrative
T sle 4
A. Ti 1 • Grant Applications (3-5 Applications)
B. Lo l: This Task includes grant application preparation.
C. Description: This Task includes the work,to prepare and submit project information into
DEP's project portal.
D. Deliver-ahles:
1) Not to exceed 3-5 Grant applications or project submittals to DEP through their portal
it
I
I
i
1
1
i
i
I
1
i
t
8
r
Exhibit B-2
Deliverable and Payment Schedule
4.3 Project Tasks & Deliverables
Task 1
A. Title: Provide Strategy for project submittals,vulnerability assessment update.
B. Goal: Document numerous approaches to achieve compliance with new vulnerability
assessment requirements in Section 380.093, Florida Statutes.
C. Descri lion: This will include a memo on comparing the existing County vulnerability
efforts with that required in Section 380.093,Florida Statutes.
D. Deliverables:
i
1) Memorandum Outlining Existing Data and Vulnerability Assessments with state law.
E. Due Date: September 1, 2021 unless deadline extended by the State.
Payment: $6,000
Task 2
i
A Till Updated Vulnerability Assessment
B. al: Update the County's Vulnerability Assessment
C. Description: This will include the following elements related to data, analysis, i
modeling, mapping, and preparing metadata as required by the state for those elements j
that can be conducted prior to September 1, 2021 to support grant applications. j
1) Additional data considerations/Road Data Reconciliation
Payment: $1,125
2) SLR Impact Projection. Data Processing
a. NOAA IL
i. 2040
ii. 2070 1
iii. 2100
Payment: $3,600
1
1
1
4
9
1
I'
3) Report&Map Output
a. List of critical facilities by year for NOAA IH &NOAA IL
b. Rationale and justifications for statutory criteria met or scope
Payment: $12,000
4) Preparing minimum required metadata based on GIS standards
Payment: $4,000
D. Deliverable(sl:
1) Updated Vulnerability Assessment Narrative and Map Series
2) Metadata to meet state standards
F. Deadline: September 1, 2021
Task 3
A. Ti le• Update of Green Keys Work Plan
1
{
B, Goal: This Task updates and brings current the Green Keys Work Plan with an Executive
Summary-styled supporting narrative.
C. Description: This work is to support an update the Green Keys Work Plan to indicate the j
projects completed, add in potential new projects, and move the remaining unfinished
projects over the timeline to years 6-10. This Green Keys Update will include a summary
supporting narrative.
i
D Deliverables:
1) Updated Green Keys Work Plan
2) Supporting summary narrative t
3)
E. Deadline: November 15, 2021
Payment: $5,200
Task 4
I
A. Title: Grant Applications (3-5 Applications) r
B. Goal: This Task includes grant application preparation. 1
C. Description: This Task includes the work to prepare and submit project information into
DEP's project portal. 1
I
10
1'
1
D. Deliverables:
1) 3-5 Grant applications or project submittals to DEP
E. Deadline: August 30, 2021 unless deadline extended by the State
Payment: $7,500
Total fee: $39, 425
I
Y
I
i
i
i
I
i
i
I
i
11 j
i
i
r