Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Item P8
P.8 County f � .�� ��� BOARD OF COUNTY COMMISSIONERS Mayor David Rice,District 4 Mayor Pro Tem Craig Cates,District 1 The Florida Keys ' Y � �F' Michelle Coldiron,District 2 Vacant,District 3 --' Holly Merrill Raschein,District 5 County Commission Meeting February 16, 2022 Agenda Item Number: P.8 Agenda Item Summary #10265 BULK ITEM: Yes DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305)453-8774 N/A AGENDA ITEM WORDING: Approval of Amendment No. 3 in the amount of $2500 to a contract with Erin L. Deady P.A. for an updated Vulnerability Assessment, to provide a phase 2 updated grant application for the Vulnerability Assessment application under the Resilient Florida program and an extension of time from March 31, 2022 to May 30, 2022. ITEM BACKGROUND: This item is to approve an amendment number 3 to the parties' existing contract to provide additional assistance with the second stage of grant application in preparation to meet the requirements contained within Section 380.093, Florida Statutes for Resilient Florida grants, to update the vulnerability assessment application as requested by the Department of Environmental Protection and provide for a time extension from March 31, 2022 to May 30, 2022. The planning grant application that was updated at the request of DEP include: • Vulnerability Assessment Compliance The County has not yet been notified of the status of two other planning type of grant applications: • Neighborhood Adaptation Planning • Municipal LiDAR and Roads Elevation Planning PREVIOUS RELEVANT BOCC ACTION: May 20, 2020 - The BOCC approval to issue a Request for Proposals ("RFP") for a consultant to assist Monroe County in the development of Adaptation Action Areas ("AAAs") August 19, 2020 - The BOCC approved the Final Ranking of the Respondents to the RFP and authorized staff to negotiate a contract with the top-ranked responding firm (Erin L. Deady, P.A.) September 16, 2020 - Approval of a contract with Erin L. Deady, P.A., the top-ranked proposer responding to the RFP for the development of AAAs. Packet Pg. 2863 P.8 July 21, 2021: Approval of 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 GreenKeys Plan, Retroactive to June 30, 2021. December 9, 2021: Approval of Amendment No. 2 in the amount of$10,000 to a contract with Erin L. Deady P.A. for an updated Vulnerability Assessment, to provide updated grant application services for the Resilient Florida program and an extension of time from December 1, 2021 through March 31, 2022. CONTRACT/AGREEMENT CHANGES: Providing part 2 of the ResilientF L grant app for a Vulnerability Assessment STAFF RECOMMENDATION: Approval DOCUMENTATION: Erin Deady A3 signed by Erin ELD PA Amendment No 2 11-23-2021 Amendment No. 1 to Contract Between Monroe County BOCC and Erin L. Deady P.A Original Deady Contract 09-16-2020 Item J8 Certificates of Insurance 2021 Erin L Deady PA FINANCIAL IMPACT: Effective Date: Retroactive to February 1, 2021 Expiration Date: May 30, 2022 Value of Amendment No. 2: $2500 Current Year Portion: $2500 Budgeted: Yes Source of Funds: $2,500 Sustainability Fund 001-05008-530340 CPI: No Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: NA Revenue Producing: No If yes, amount: Grant: No County Match: N/A Insurance Required: Yes Additional Details: 02/16/22 NEW COST CENTER ADDED $2,500.00 S 02/16/22 NEW COST CENTER ADDED $0.00 Total: $2,500.00 REVIEWED BY: Packet Pg. 2864 P.8 Rhonda Haag Completed 02/01/2022 4:13 PM Cynthia Hall Completed 02/01/2022 4:22 PM Purchasing Completed 02/01/2022 4:24 PM Budget and Finance Completed 02/01/2022 4:26 PM Maria Slavik Completed 02/01/2022 4:43 PM Liz Yongue Completed 02/01/2022 5:21 PM Board of County Commissioners Pending 02/16/2022 9:00 AM Packet Pg. 2865 P.8.ai AMENDMENT NO. 3 TO THE CONTRACT BETWEEN MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AND ERIN L. DEADY P.A. TO a UPDATE THE EXISTING VULNERABILITY MODELING THIS AMENDMENT NO. 3 TO THAT AGREEMENT is made and entered into this lst day of February to that AGREEMENT dated the 21St day of July, 2021 as amended July 21, 2021 and November 23rd 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 %z SE 6thAvenue, Delray Beach, FL 33483. E WITNES SETH a WHEREAS, Consultant developed a vulnerability assessment using the NOAA Intermediate High sea level curve as required under the County's Comprehensive Plan and provided grant application assistance; and WHEREAS, the COUNTY desires additional assistance with the next stage of grant application preparation to meet the requirements contained within Section 380.093, Florida Statutes for Resilient Florida grants; and .E WHEREAS, the Consultant also agrees to update the vulnerability assessment with recent modeling information for submittal as request by the Department of Environmental Protection; and WHEREAS, the Consultant agrees to provide such services to the COUNTY according to the terms and subject to the conditions set forth herein; and NOW, THEREFORE, for and in consideration of the mutual covenants and promises as hereinafter set forth and of the faithful performance of such covenants and conditions, the a I COUNTY and CONSULTANT do hereby agree as follows: UJ Section 1. SCOPE OF SERVICES CONSULTANT shall perform and carry out in a professional and proper manner certain duties as described in the Revised Scope of Services Exhibit A-2 which is attached hereto and made a part of this 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 1 Packet Pg. 2866 P.8.ai Section 3. TERM OF AGREEMENT 3.1 Except as noted below, this Amendment No 3 shall be retroactive to February 1, 2021 and will provide a sixty day time extension to conclude with delivery of the deliverables outlined in Exhibit B-2 of this Amendment, which shall not be later than May 30, 2022. Section 4. PAYMENT TO CONSULTANT 4.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S v performance of this Amendment a lump sum amount Twenty Five Hundred Dollars ($2,500,00), for a total CONTRACT amount of Forty-Nine Thousand Four Hundred Twenty Five Dollars($51,925.00). 4.2 Payment will be made according to the Revised Deliverable Schedule attached as y Exhibit B-2,and according to the Florida Local Government Prompt Payment Act, Section y 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 a, 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. , a� RPWITNESS E OF, the parties hereto have caused these presents to be executed on the da of 202/1/ W I (SEAL) Attest: Kevin Madok, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By: As Deputy Clerk Mayor (CORPORATE SEAL) ERIN L. DEADY LLC , ATTEST: � t By , .. � _ _ -- By ,,.. Title: i Approved as to form and legal sufficiency: Monroe County Attorney's Office 2-1-2022 2 Packet Pg. 2867 P.8.ai Exhibit A-2- Revised 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. w 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 y on a "worst case" interpretation in terms of level of effort to comply and a strict reading the y 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. Our rationale is as follows: 1. Statewide Flood and Sea Level Rise Resilience Plan. This document prepared by DEP ' j 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 rulemaking is completed but also before the State has completed the comprehensive statewide flood vulnerability and sea E 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 thereafter, counties and municipalities may submit to the department a list of proposed ro'ects that address risks of flooding or sea level rise identi lied in vuhterability � assessmeitts t/tat meet t/te f-equiremeitts of subsectioit (3). Those requirements are below in the footnote. t (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 Ej 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 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. 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: 3 Packet Pg. 2868 P.8.ai 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 31 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 0) summary supporting narrative. y 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)Geospatial data in an electronic file format suitable for input to the department's mapping tool. (11)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. E 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. 1633178(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 fiiture 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 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. UJ d. To the extent practicable,compound flooding or the combination of tidal,storm surge, and rainfall-induced flooding. E 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. 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 Packet Pg. 2869 i P.8.ai 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 v, 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 rise W W The following includes the approach to be used by the Consultant for updating the 2021 Monroe County vulnerability assessment: 'y S Previously Obtained Data I a 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. NOAA Intermediate High sea level rise curve 1. 2040 2. 2070 3. 2100 (exceeds standard) b. Future storm surge 5 Packet Pg. 2870 P.8.ai i. NOAA Intermediate High 2100 + 100-yr surge (based on compact's 2015 projects) 3. Report detailing findings/vulnerability observations. It should be noted that portions of previous work to date may exceed requirements and contribute to higher ranking such as social vulnerability. Summary Table Comparing Statutory requirements either already addressed or contained within this scope of services: Item Addressed Notes (X) Metadata Standard See tasks below. v, High Tide Flooding Not achievable by September 1 NOAA 2017 Intermediate Low—2040 I' See tasks below. l! 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 W Management Plan—NOAA 2012 IH 2100 + 100 yr. Not achievable by September 1. Combinations of Sea Level Rise, storm Not achievable by September 1 surge and rainfall as 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 Low sea level rise modeling, as well as a narrative Appendix or Supplement to the 2021 Vulnerability Assessment including the rationale on how requirements are met or couldn't be met within the period of time to submit project applications to DEP. It should be noted that this work only includes that which can foreseeably be completed within the timeframe for proj ect 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. 6 c Packet Pg. 2871 I P.8.ai 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. 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 z assessment requirements in Section 380.093, Florida Statutes. C. Description: This will include a memo on comparing the existing County vulnerability y efforts with that required in Section 380.093, Florida Statutes. y D. Deliverables: 1) Memorandum Outlining Existing Data and Vulnerability Assessments with state law and recommendations for strategy for County grant submittals. Task 2 ' A. Title: Updated Vulnerability Assessment a� B. Goal: Update the County's Vulnerability Assessment C. Description: This will include the following elements related to data, analysis,modeling, W mapping, and preparing metadata as required by the state fbr those elements that can be conducted prior to September 1,2021 to support grant applications. 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 E i a. List of critical facilities by year for NOAA Intermediate High & NOAA Intermediate Low. b. Rationale and justifications fbr statutory criteria met or scope 4. Preparing minimum required metadata based on GIS standards G D. Deliverable(s): 7 Packet Pg. 2872 P.8.ai 1) Updated Vulnerability Assessment Narrative and Map Series 2) Metadata to meet state standards Task 3 A. Title: Update of Green Keys Work Plan 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 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 y supporting narrative. y D. Deliverables: 1) Updated Green Keys Work Plan 2) Supporting summary narrative I' r9 Task 4 A. Title: Grant Applications (3-5 Applications) B. Goal: 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. Deliverables: 1) Not to exceed 3-5 Grant applications or project submittals to DEP through their portal Task 5 A. Title: Provide narrative to support second round of grant application submittals to DEP for Harry Harris, Stillwright Point, Twin Lakes and other applications as information is requested by DEP. B. Goal: Compile data and provide narratives for the grant submittal portal. fi C. Description:a This will include draft responses for the application materials and final submittal of applications. i 8 Packet Pg. 2873 P.8.ai D. Deliverables: 1) Review of the Twin Lakes and Harry Harris grant applications and narrative for the components relating to the vulnerability assessment and County's overall resilience efforts. The County shall compile the remaining elements of those applications. 2) Drafting the complete grant application fbr one of the County's grant applications related to Stillwright Point design and permitting. 3) Drafting the complete grant application for one of the County's grant applications related to an updated vulnerability assessment. Task 6 A. Title: Updated Vulnerability Assessment with recent modeling information to meet y State criteria in Section 380.093,F.S. B. Goal: Update the County's Vulnerability Assessment in the form of an Appendix with recent modeling information for packaging and submittal to DEP. C. Description: This will include a narrative describing the updated modeling and packaging the vulnerability assessment documents to include this information in an Addendum or Appendix for submittal to DEP per their application requirements. D. Deliverable(s): 1) Updated Vulnerability Assessment Appendix, Map Series and submittal of same to support capital grant applications. 1 9 is Packet Pg. 2874 P.8.ai 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. Description: This will include a memo on comparing the existing County vulnerability E efforts with that required in Section 380,093, Florida Statutes. y D. Deliverables: y 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 W A. Title: Updated Vulnerability Assessment B. Goal: Update the County's Vulnerability Assessment C. Description: 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. 1) Additional data considerations/Road Data Reconciliation Payment: $1,125 UJ 2) SLR Impact Projection Data Processing a. NOAA IL i. 2040 i . 2070 iii. 2100 Payment: $3,600 ; 10 Packet Pg. 2875 P.8.ai 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(s):, 1) Updated Vulnerability Assessment Narrative and Map Series 2) Metadata to meet state standards E F. Deadline: September 1, 2021 y Task 3 A. Title: Update of Green Keys Work Plan 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 ro ects completed, add in potential new projects, and move the remaining unfinished E projects p � p p' J g projects over the timeline 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 E. Revised Deadline: May 15, 2022 Payment: $5,200 Task 4 A. Title: Grant Applications (3-5 Applications) B. Goal: This Task includes grant application preparation. C. Description: This Task includes the work to prepare and submit project information into DEP's project portal. 11 Packet Pg. 2876 P.8.ai 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 Task 5 A. Title: Provide narrative to support grant application submittal to DEP. B. Goal: Compile data and provide additional narratives for the second phase of Resilient y Florida grant submissions into the submittal portal. C. Description: This will include draft responses for the application materials and final submittal of 3 applications. D. Deliverables: 1) Review and editing of the Twin Lakes and Hairy Harris grant applications and 03 narrative for the components relating to the vulnerability assessment and County's p g Y Y overall resilience efforts. The County shall compile the remaining elements of the application. 2) Drafting the grant application for the County's grant applications related to Stillwright Point design and permitting. 3) Drafting the phase 2 of the grant application for the County's grant applications related to an updated vulnerability assessment. ( 2500.00) Due Date: February 1 , 2022 Payment: $10,500 Task 6 .. t A. Title: Updated Vulnerability Assessment B. Goal: Update the County's Vulnerability Assessment with recent modeling information for packaging and submittal to DEP. 12 Packet Pg. 2877 P.8.ai C. Description:. This will include a narrative not to exceed 5 pages describing the updated modeling and packaging the vulnerability assessment to include this information in an Addendum or Appendix. D. Deliverable(s) 1) Updated Vulnerability Assessment Appendix and Map Series Due Date: February 14, 2022 Payment: $2,000 Total fee: $10,000 Total Amendment No. 1 and 2 and 3 fee: $51,925 it it 13 Packet Pg. 2878 P.8.b AMENDMENT NO. 2 TO THE CONTRACT BETWEEN MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AND ERIN L. DEADY P.A. TO UPDATE THE EXISTING VULNERABILITY MODELING c THIS AMENDMENT NO. 2 TO the Contract for the Update of Existing Vulnerability Modeling and Development of Policy Recommendations for Adaptation Action Areas ("Agreement") dated September 16, 2020 as amended July 21, 2021 is made and entered into this 81" day of December W 2021 by MONROE COUNTY("COUNTY"),a political subdivision of the State of Florida,whose y �' address is 1100 Simonton Street, Key West, Florida 33040 and Erin L. Deady, P.A. y ("CONSULTANT" or "Contractor"), whose address is 54 1/2SE 6th Avenue, Delray Beach, FL 33483. WITNESSETH 75 WHEREAS, Consultant developed a vulnerability assessment using the NOAA Intermediate High sea level curve as required under the County's Comprehensive Plan and provided grant c� application assistance; and WHEREAS, the COUNTY desires additional assistance with the next stage of grant application preparation to meet the requirements contained within Section 380.093, Florida Statutes for Resilient Florida grants; and cv WHEREAS, the Consultant also agrees to update the vulnerability assessment with recent N modeling information for submittal as request by the Department of Environmental Protection; N and cv 0 WHEREAS, the Consultant agrees to provide such services to the COUNTY according to the u terms and subject to the conditions set forth herein; and WHEREAS, a time extension is needed to provide the additional services. NOW, THEREFORE, for and in consideration of the mutual covenants and promises as hereinafter set forth and of the faithful performance of such covenants and conditions, the c- COUNTY and CONSULTANT do hereby agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be amended to add the following paragraph: CONSULTANT shall perform and carry out in a professional and proper manner certain I duties as described in Task 5 and Task 6 in the Revised Scope of Services Exhibit A-2 which is attached hereto and made a part of this agreement. CONSULTANT warrants that it is authorized by law to engage in the performance of the activities herein described, 1 Packet Pg. 2879 P.8.b 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. 2. Paragraph 3.1, within Section 3, TERM OF AGREEMENT, shall be amended to add the following paragraph: Except as noted below, this Amendment No 2 shall be retroactive to December 1, 2021 and shall conclude with delivery of the deliverables outlined in Exhibit B-2 of this °® Amendment, which shall not be later than March 31, 2021. 3. Section 4, PAYMENT TO CONSULTANT, shall be amended to add the following paragraphs 4.3 and 4.4: y 4.3 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S performance of this Amendment an additional Ten Thousand Dollars ($10,000), for a lump sum total amount of Forty-Nine Thousand Four Hundred Twenty-Five Dollars ($49,425.00) for all services under this Agreement. 75 4.4 Payment will be made according to the Revised Deliverable Schedule attached as Exhibit B-2, and according to the Florida Local Government Prompt Payment Act, c� Section 218.70, Florida Statutes. Exhibit B-2 attached to this Second Amendment shall replace Exhibit B-2 previously to Amendment No. 1 in its entirety. 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 t 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 C44 the request and forward it to the Clerk for payment. c"il } 4. Section 8, Records, is amended to add the following language: 0 z RECORDS- ACCESS AND AUDITS: 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: % E a. Keep and maintain public records required by Monroe County in order to perform CL the set-vice. b. Upon request from the public agency's custodian of public records, provide the �. public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for 2 Packet Pg. 2880 P.8.b the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d. Upon completion of the contract, transfer, at no cost, to Monroe County all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains °® public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Monroe County, upon request from the public 03 agency's custodian of records, in a format that is compatible with the information y technology systems of Monroe County. y 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 755 OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470, bra diey-brian onroecounty-fLov, c/o Monroe County Attorney's Office, 1111 12 St., Suite 408, Key West FL 33040. I; 4. A new Section 36, Miscellaneous, is added to the Agreement, with the following paragraphs 36.1 and 36.2: 36.1 By executing this Agreement,the contractor certifies that the company is not on the `V cv Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; that it does not have `' business operations in Cuba or Syria; and that it does not participate in a boycott N of Israel. For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1)terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false e( certification was in error pursuant to Section 287.135(5)(a),Florida Statutes, or(2) maintaining the Agreement if the conditions of Section 287.135(4), Florida c� Statutes, are met. UJ UJ 36.2 Beginning January 1, 2021, in accordance with F.S. 448.095, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland 3 i Packet Pg. 2881 P.8.b Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of F.S. 448.095. 5. In all other respects the provisions of the Agreement, as amended by Amendment No. 1, UJ le remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the y day of 2021. y (SEAL) Attest: Kevin Madok, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA r9 By By: As Deputy Clerk Mayor W i; (CORPORATE SEAL) ERIN L. DEADY, P.A. ATTEST: m CV r u r By By: `44 w 0 Title: z l E CL LU � I j t Ali 4 Packet Pg. 2882 P.8.b Exhibit A-2- Revised 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 y still has unanswered questions about how this program will operate. Much of our analysis is based y 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. S Our rationale is as follows: 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. .E All parties recognize this will occur before the required rulemaking is completed but also before the State has completed the comprehensive statewide flood vulnerability and sea e( level rise assessment. But despite those foundational efforts, the first plan will be `✓ completed this year. `V 2. Project submittals. DEP has opened their project submittal grant"portal"until September 1, 2021. The language in the law states: (d)l. By September 1, 2021, and each September 1 thereafter, counties and municipalities may submit to the department a list of proposed N projects that address risks of flooding or sea level rise identified in vulnerability Z assessments that meet the requirements ofsubsection (3). Those requirements are below in the footnote. I E (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 CL encompass a smaller geographic area or include only a portion of the critical assets owned or maintained by the 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 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. 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: 5 Packet Pg. 2883 P.8.b 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 m unfinished projects over the timeline to years 6-10. This Green Keys Update will include a y 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)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 � f 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 N Department of Economic Opportunity. cy 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 r expected for each scenario and planning horizon. b.Current and future storm surge flooding using publicly available National Oceanic and Atmospheric Administration 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 m 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 E conditions. < d.To the extent practicable,compound flooding or the combination of tidal,storm surge,and rainfall-inducedCL flooding. 3.The following scenarios and standards: LU 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 t Administration intermediate-low and intermediate-high sea level rise projections. 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 from 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). 6 Packet Pg. 2884 P.8.b 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. i 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 l 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) a f 2. Report detailing findings and vulnerability observations. W a. List of critical assets,including those regionally impacted by flooding and sea level rise cv The following includes the approach to be used by the Consultant for updating the 2021 Monroe County vulnerability assessment: cv 0 Previously Obtained Data m , 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. CL C( 1. GIS data illustrating flooding and sea level rise impacts 2. Required Modeling a. Sea level rise i. NOAA Intermediate High sea level rise curve m 1. 2040 2. 2070 3. 2100 (exceeds standard) b. Future storm surge 7 Packet Pg. 2885 P.8.b i. NOAA Intermediate High 2100 + 100-yr surge (based on compact's 2015 projects) 3. Report detailing findings/vulnerability observations. It should be noted that portions of previous work to date may exceed requirements and contribute to higher ranking such as social vulnerability. Summary Table Comparing Statutory requirements either already addressed or contained within this scope of services: Item Addressed Notes X y 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 m i Future Storm Surge (equal or exceeding X Outdated SLR projection 100-yr flood event) contained within Watershed Management Plan—NOAA 2012 1H 2100 + 100 yr. Not cv achievable by September 1. N Combinations of Sea Level Rise, storm Not achievable by September I surge and rainfall N 0 Report with findings and list of critical X Critical assets identified, but r assets vulnerability assessment .� presently does NOT include intermediate low. The revised Et assessment will include it. CL Primarily this scope of work will include the NOAA Intermediate Low sea level rise modeling, as well as a narrative Appendix or Supplement to the 2021 Vulnerability Assessment including the �. rationale on how requirements are met or couldn't be met within the period of time to submit project applications to DEP. 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 8 i Packet Pg. 2886 P.8.b constraints with submitting projects for this year, but it will bring the County into compliance with more of the requirements. 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. Description: This will include a memo on comparing the existing County vulnerability y efforts with that required in Section 380.093, Florida Statutes. y D. Deliverables: 1) Memorandum Outlining Existing Data and Vulnerability Assessments with state law and recommendations for strategy for County grant submittals. r9 Task 2 A. Title: Updated Vulnerability Assessment B. Goal: Update the County's Vulnerability Assessment cv C. Description: 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 N conducted prior to September 1, 2021 to support grant applications. cv 0 1. Additional data considerations/Road Data Reconciliation Z 2. Sea Level Rise Impact Projection Data Processing a. NOAA Intermediate Low r i. 2040 ii. 2070 iii. 2100 CL 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 D. Deliverable(s): 9 Packet Pg. 2887 P.8.b 1) Updated Vulnerability Assessment Narrative and Map Series 2) Metadata to meet state standards Task 3 31 A. Title: Update of Green Keys Work Plan 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 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 y �, supporting narrative. y D. Deliverables: 1) Updated Green Keys Work Plan 2) Supporting summary narrative Task 4 A. Title: Grant Applications (3-5 Applications) m B. Goal: This Task includes grant application preparation. cv C. Description: This Task includes the work to prepare and submit project information into DEP's project portal. v i D. Deliverables: `44 0 1) Not to exceed 3-5 Grant applications or project submittals to DEP through their portal E � r New Task 5 CL A. Title: Provide narrative to support second round of grant application submittals to DEP for Harry Harris, Stillwribht Point and Twin Lakes applications. UJ B. Goal: Compile data and provide narratives for the grant submittal portal. i C. Description: This will include draft responses for the application materials and final submittal of applications. C 4 D. Deliverables; 10 Packet Pg. 2888 P.8.b 1) Review of the Twin I...,akes and Harry Harris grant applications and narrative for the components relating to the vulnerability assessment and County's overall resilience efforts. The County shall compile the remaining elements of those applications. 2) Drafting the complete grant application for one of the County's grant applications related to Stillwright Point design and permitting. New l ask 6 �+ A. Title: Updated Vulnerability Assessment with recent modeling information to meet � State criteria in Section 380.093, F.S. � m E R. Goal: Update the County`s Vulnerability Assessment in the forum of an Appendix with � recent modeling information for packaging and submittal to DEP. y C. Description. This will include a narrative describing the updated modeling and packaging the vulnerability assessment documents to include this information in an 0 ,addendum or Appendix for submittal to DEP per their application requirements. D. eliverable(s}; r9 1) Updated Vulnerability Assessment Appendix, Map Series and submittal of same to support capital grant applications. cv c44 c� ' l I cv CL j r j 11 Packet Pg. 2889 P.8.b Exhibit B-2 Deliverable and Payment Schedule 4.3 Project Tasks & Deliverables Task 1 y 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. Description: This will include a memo on comparing the existing County vulnerability efforts with that required in Section 380.093, Florida Statutes. y D. Deliverables: 1) Memorandum Outlining Existing Data and Vulnerability Assessments with state law. E. Due Date: September 1, 2021 unless deadline extended by the State. r9 Payment: $6,000 Task 2 A. Title: Updated Vulnerability Assessment W B. Goal: Update the County's Vulnerability Assessment `CD V cv c� 1` C. Description: This will include the following elements related to data, analysis, modeling, mapping, and preparing metadata as required by the state for those elements N that can be conducted prior to September 1, 2021 to support grant applications. 0 1) Additional data considerations/Road Data Reconciliation E Payment: $1,125 E 2) SLR Impact Projection Data Processing j a. NOAA IL i. 2040 ii. 2070 iii. 2100 E Payment: $3,600 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 12 Packet Pg. 289Q P.8.b Payment: $12,000 4) Preparing minimum required metadata based on GIS standards Payment: $4,000 D. Deliverable(s): 1) Updated Vulnerability Assessment Narrative and Map Series 2) Metadata to meet state standards F. Deadline: September 1, 2021 Task 3 E y A. Title: Update of Green Keys Work Plan y B. Goal: This Task updates and brings current the Green Keys Work Plan with an Executive Summary-styled supporting narrative. � r C. Description: 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 over the timeline 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 `CD V cv r9 E. Revised Deadline: March 15. 2022 `�I Payment: $5,200 cv 0 Task 4 a� E A. Title: Grant Applications (3-5 Applications) B. Goal: This Task includes grant application preparation. CL C. Description: This Task includes the work to prepare and submit project information into DEP's project portal. UJ D. Deliverables: 1) 3-5 Grant applications or project submittals to DEP eC E. Deadline: August 30, 2021 unless deadline extended by the State 13 Packet Pg. 2891 P.8.b Payment: $7,500 New Task 5 A. Title: Provide narrative to support grant application submittal to DPP. B. Goal: Compile data and provide additional narratives for the second phase of Resilient Florida grant submissions into the submittal portal. C. Descritytion: This will include draft responses for the application materials and final submittal of 3 applications. D. Deliverables: � t 1) Review and editing of the Twin Ewes and Harry Harris grant applications and narrative for the components relating to the vulnerability assessment and County's overall resilience efforts. The County shall compile the remaining elements of the application. z 2) Drafting the grant application for the County's grant applications related to Millwright i Point design and permitting. ® i Due Date: October 25, 2021 .N Payment: $8,000 New Task 6 A. Title: Updated Vulnerability Assessment P. Goal: Update the County's Vulnerability Assessment with recent modeling information C�I for packaging and submittal to DEP. N C. )Deseri tion: This will include a narrative not to exceed 5 pages describing the updated z modeling and packaging the vulnerability assessment to include this information in an Addendum or Appendix. E D. Deliverable sue} CL 1) updated Vulnerability Assessment Appendix and Map Series ` Due Date: October 25. 2021 �. Payment: $2,000 E Total Amendment No. 1 and 2 fee: $49, 425 14 Packet Pg. 2892 P.8.c AMENDMENT NO. 1 TO THE CONTRACT y 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 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 1/z SE 6th Avenue, Delray Beach, FL 33483. < WITNESSETH a: 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 t� WHEREAS, the COUNTY desires to engage Consultant to provide additional vulnerability U assessment services using the NOAA Intermediate Low sea level rise curve among other °a requirements contained within Section 380.093, Florida Statutes for Resilient Florida grants; and 0 U WHEREAS, such curve and other vulnerability assessments requires are included under the 0) Florida Resilience grant program in order to receive maximum points in that particular category; and c 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 0 terms and subject to the conditions set forth herein. c NOW, THEREFORE, for and in consideration of the mutual covenants and promises as 6 hereinafter set forth and of the faithful performance of such covenants and conditions, the COUNTY and CONSULTANT do hereby agree as follows: E Section 1. SCOPE OF SERVICES E e( CONSULTANT shall perform and carry out in a professional and proper manner certain duties as described in the Scope of Services Exhibit A-1 which is attached hereto and made a part of this E 1 Packet Pg. 2893 P.8.c agreement. CONSULTANT warrants that it is authorized by law to engage in the performance of a 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 1 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 1, 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). a- 4.2 Payment will be made according to the Deliverable Schedule attached as Exhibit B-1 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 S 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. 0 U IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the 0) day of 2021. (SEAL) Attest: Kevin Madok, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 0 U By By: c Deputy Clerk Mayor T- 6 (CORPORATE SEAL) ERIN L. DEADY LLC MOLAR A17ORNE D PPP To Ft ATTEST: v �� PETER M RRI ASSISTANT OUNTY ATToRN � By By: Date: 7/7/21 2 Packet Pg. 2894 P.8.c Title: a 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 c: 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. w Our rationale is as follows: 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. 0 All parties recognize this will occur before the required rulemaking 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 is completed this year. 2 2. Project submittals. DEP has opened their project submittal grant"portal"until September 0 1, 2021. The language in the law states: (d)l. By September 1, 2021, and each September 1 thereafter, counties and municipalities may submit to the department a list of proposed projects that address risks of flooding or sea level rise identified in vulnerability u assessments that meet the requirements ofsubsection (3). Those requirements are below T in the footnote. i 2 0 U 0 (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 6 available Digital Elevation Model and generally accepted analysis and modeling techniques.An assessment may z encompass a smaller geographic area or include only a portion of the critical assets owned or maintained by the m 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 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 Packet Pg. 2895 P.8.c 3. Our best information right now is that the County shall work towards "bridging the gap" a 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 E summary supporting narrative. e( 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. 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. .� (11) 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 c U 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 or Federal Emergency Management Agency storm surge data.The initial storm surge event used must equal or exceed W 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 c conditions. U c d.To the extent practicable,compound flooding or the combination of tidal,storm surge, and rainfall-induced flooding. 6 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. c.At least two planning horizons that include planning horizons for the years 2040 and 2070. m 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 from an alternate tide gauge may be used with appropriate rationale and department approval,as 0) long as it is publicly available or submitted to the department pursuant to paragraph(b). E 4 Packet Pg. 2896 P.8.c 4.2. Project Description: In summary, the Consultant will provide, as required in, Section a 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 I STD-09061805.2.0 iii. Database Object Coding Standard I STD-14121501.2.0 c. Required modeling i. Tidal flooding E ii. Sea level rise 1. NOAA 2017 a. NOAA Intermediate Low i. 2040 cam. 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 0 rise The following includes the approach to be used by the Consultant for updating the 2021 Monroe 0 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 U 2. Required Modeling 0 a. Sea level rise T- i. NOAA Intermediate High sea level rise curve z 1. 2040 2. 2070 E 3. 2100 (exceeds standard) b. Future storm surge E �t i. NOAA Intermediate High 2100 + 100-yr surge (based on compact's 2015 proj ects) 3. Report detailing findings/vulnerability observations. 5 Packet Pg. 2897 P.B.c It should be noted that portions of previous work to date may exceed requirements and contribute a to higher ranking such as social vulnerability. Summary Table Comparing Statutory requirements either already addressed or contained within this scope of services: Item Addressed Notes X 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. E NOAA 2017 Intermediate High—2040 X NOAA 2017 Intermediate High—2070 X e( Future Storm Surge (equal or exceeding X Outdated SLR projection 100-yr flood event) contained within Watershed Management Plan—NOAA 2012 IH 2100 + 100 yr. Not achievable by September 1. Combinations of Sea Level Rise, storm Not achievable by September I surge 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 0 assessment will include it. a� Primarily this scope of work will include the NOAA Intermediate Low sea level rise modeling, as 0 well as a narrative Appendix or Supplement to the 2021 Vulnerability Assessment including the rationale on how requirements are met or couldn't be met within the period of time to submit project applications to DEP. 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 is compliance with more of the requirements. 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. 6 Packet Pg. 2898 P.8.c C. Description: 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. Title: Updated Vulnerability Assessment �t B. Goal: Update the County's Vulnerability Assessment c: Description: 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. 1. Additional data considerations/Road Data Reconciliation W 2. Sea Level Rise Impact Projection Data Processing a. NOAA Intermediate Low t� i. 2040 ii. 2070 iii. 2100 c 3. Report & Map Output a. List of critical facilities by year for NOAA Intermediate High & NOAA 2 Intermediate Low. c b. Rationale and justifications for statutory criteria met or scope 4. Preparing minimum required metadata based on GIS standards T C. Deliverable(s): 2 0 1) Updated Vulnerability Assessment Narrative and Map Series U c 2) Metadata to meet state standards 6 Task 3 A. Title: Update of Green Keys Work Plan �t B. Goal: This Task updates and brings current the Green Keys Work Plan with an Executive Summary-styled supporting narrative. E 7 Packet Pg. 2899 P.8.c C. Description: This work is to support an update the Green Keys Work Plan to indicate the a 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 Task 4 A. Title: Grant Applications (3-5 Applications) �t B. Goal: This Task includes grant application preparation. CL C. Description: This Task includes the work to prepare and submit project information into DEP's project portal. D. Deliverables: 1) Not to exceed 3-5 Grant applications or project submittals to DEP through their portal CO C 0 CO 0 U 0 8 Packet Pg. 2900 P.8.c 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. Description: This will include a memo on comparing the existing County vulnerability efforts with that required in Section 380.093, Florida Statutes. t e( D. Deliverables: 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 A. Title: Updated Vulnerability Assessment a� B. Goal: Update the County's Vulnerability Assessment C C. Description: 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. T 1) Additional data considerations/Road Data Reconciliation 0 Payment: $1,125 0 2) SLR Impact Projection Data Processing 6 a. NOAA IL i. 2040 ii. 2070 -� iii. 2100 e( Payment: $3,600 a� 9 Packet Pg. 2901 P.8.c 3) Report & Map Output a a. List of critical facilities by year for NOAA IH & NOAA IL b. Rationale and justifications for statutory criteria met or scope e( Payment: $12,000 4) Preparing minimum required metadata based on GIS standards Payment: $4,000 D. Deliverable(s): 1) Updated Vulnerability Assessment Narrative and Map Series 2) Metadata to meet state standards E F. Deadline: September 1, 2021 a: Task 3 A. Title: Update of Green Keys Work Plan B. Goal: This Task updates and brings current the Green Keys Work Plan with an Executive -� Summary-styled supporting narrative. c, C. Description: This work is to support an update the Green Keys Work Plan to indicate the Ca 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. %� a� D. Deliverables: C 1) Updated Green Keys Work Plan 2) Supporting summary narrative 3) Ca E. Deadline: November 15, 2021 Payment: $5,200 0 Task 4 A. Title: Grant Applications (3-5 Applications) E B. Goal: This Task includes grant application preparation. E C. Description: This Task includes the work to prepare and submit project information into DEP's project portal. 10 Packet Pg. 2902 P.8.c D. Deliverables: a 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 CO C 0 CO 0 U 0 6 11 Packet Pg. 2903 r' Kevin Madok, cPA '* Irk f the Circuit Court& Comptroller—Monroe County, Florida Clerk o e p tY DATE: September 21, 2020 TO: Emily Schemper, Senior director Planning& Environmental Resources FROM: Pamela HancoC. SUBJECT: September 16`t' BOCC Meeting y Attaclied is an electronic copy of die following item for your liandling: 18 Contract with Erin L. Deady P.A., die top ranked respondent to die Request for Proposals for the Development of Adaptation Action Areas. Should you liave any questions please feel free to contact ine at(305) 292-3550. r9 co n CD cv CD cv CD cc: County Attorney Finance m File KEY WEST MARATHON PLANTATION KEY PKIROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point(toad 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- Packet Pg. 2904 P.8.d MONROE COUNTY CONTRACT FOR THE UPDATE OF EXISTING VULNERABILITY MODELING AND DEVELOPMENT OF POLICY RECOMMENDATIONS FOR ADAPTATION ACTION AREAS (AAA'S) THIS AGREEMENT is made and entered into this 16th day of September 2020 by MONROE COUNTY("COUNTY"), a political subdivision of the State of Florida,whose address is 1100 Simonton Street, Key West, Florida 33040 and Erin L. Deady, P.A. ("CONSULTANT"), z whose address is 54 1/z SE 6th Avenue, Delray Beach, FL 33483. E WITNESSETH WHEREAS, the COUNTY issued its Request for Proposals RFP ("RFP") pursuant to state and local law to solicit proposals to develop recommendations for Adaptation Action Areas (AAA's) and related services; and WHEREAS, Consultant is a professional qualified to render said services and has responded to > the RFP by submitting its proposal in response to the RFP ("Proposal"); and WHEREAS,the COUNTY desires to engage Consultant to provide such services to the COUNTY E according to the terms and subject to the conditions set forth herein. E NOW, THEREFORE, for and in consideration of the mutual covenants and promises as S hereinafter set forth and of the faithful performance of such covenants and conditions, the n COUNTY and CONSULTANT do hereby agree as follows: E Section 1. SCOPE OF SERVICESCD cv CONSULTANT shall perform and carry out in a professional and proper manner certain duties as described in the Scope of Services —Exhibit A —which is attached hereto and made a part of this agreement. 0 CONSULTANT shall provide the scope of services in Exhibit A for the COUNTY. CONSULTANT warrants that it is authorized by law to engage in the performance of the activities herein described, subject to the terms and conditions set forth in these Agreement documents. The CONSULTANT shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. Consultant shall provide services using the following standards, as a minimum requirement: 0 A. The CONSULTANT shall maintain adequate staffing levels to provide the services required under the Agreement resulting from this RFP process. E B. The personnel shall not be employees of or have any contractual relationship with the County. To the extent that Consultant uses sub-Consultants or independent Consultants, < this Agreement specifically requires that sub-Consultants and independent Consultants shall not be an employee of or have any contractual relationship with County. Packet Pg. 2905 P.8.d C. All personnel engaged in performing services under this Agreement shall be fully qualified, and, if required, to be authorized or permitted under State and local law to perform such services. Section 2. COUNTY'S RESPONSIBILITIES 2.1 The County will provide such data as is required by the Consultant and is mutually agreed Ch upon. 2.2 The County will make payments as outlined in Section 4 of this Agreement. Section 3. TERM OF AGREEMENT 3.1 Except as noted below, this Agreement shall begin on the 16th day of _September 2020 and will conclude with delivery of the deliverables outlined in Section 1 of this Agreement, which shall not be later than June 30, 2021. Section 4. PAYMENT TO CONSULTANT 4.1 Payment will be made according to the Deliverable Schedule attached as Exhibit B, and > according to the Florida Local Government Prompt Payment Act, Section 218.70, Florida Statutes. Partial tasks maybe invoiced and approved by the County. The Provider shall submit to the County an invoice with supporting documentation in a form acceptable to the E 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 E Manager will review the request, note his or her approval on the request and forward it to t the Clerk for payment. n E 0) 4.2 Any extension of this Agreement beyond the term noted in Section 3 is contingent upon CD annual appropriation by Monroe County. � N Section 5. CONTRACT TERMINATION Either parry may terminate this Agreement because of the failure of the other parry to perform its 2 obligations under the Agreement. COUNTY may terminate this Agreement with or without cause upon thirty (30) days' notice to the CONSULTANT. COUNTY shall pay CONSULTANT for work performed through the date of termination. Section 6. CONSULTANT'S ACCEPTANCE OF CONDITIONS A. CONSULTANT hereby agrees that they have carefully examined the RFP, the proposal 0 response, and this Agreement and has made a determination that he/she has the personnel, equipment, and other requirements suitable to perform this work and assumes full responsibility therefore. The provisions of the Agreement shall control any inconsistent provisions contained in the specifications. All specifications have been read and carefully < considered by CONSULTANT, who understands the same and agrees to their sufficiency Packet Pg. 2906 P.8.d for the work to be done. Under no circumstances, conditions, or situations shall this Agreement be more strongly construed against COUNTY than against CONSULTANT. B. Any ambiguity or uncertainty in the specifications shall not be construed against the drafter. C. Thepassing, a roval and/or acceptance b COUNTY of an of the services furnished b approval, P Y Y Y � CONSULTANT shall not operate as a waiver by COUNTY of strict compliance with the , terms of this Agreement, and specifications covering the services. D. CONSULTANT agrees that County Administrator or his designated representatives may visit CONSULTANT'S facility (ies) periodically to conduct random evaluations of services during CONSULTANT'S normal business hours. z E. CONSULTANT has, and shall maintain throughout the term of this Agreement, appropriate licenses and approvals required to conduct its business, and will at all times E conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to COUNTY upon request. y Section 7. NOTICES Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed,postage prepaid, to the other party by certified mail, returned receipt requested, to the following: To the COUNTY: County Administrator, Mr. Roman Gastesi -� 1100 Simonton Street, Suite 205 Key West, Florida 33040 < co n To the CONSULTANT: Erin L. Deady 54 1/z SE 6th Avenue Delray Beach, FL 33483 Section 8. RECORDS CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles c c, consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the agreement and for five(5)years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid 6 to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONSULTANT shall repay the monies together with interest calculated pursuant .. to Section 55.03 of the F.S., running from the date the monies were paid to Consultant. E Section 9. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020- 1990 The CONSULTANT warrants that it has not employed,retained or otherwise had act on its behalf Packet Pg. 2907 P.8.d any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this agreement without liability and may also, in its discretion, deduct from the agreement or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. Section 10. CONVICTED VENDOR By signing this agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entities Crime Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and E may result in debarment from County's competitive procurement activities. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on an Agreement with a public entity for the construction or repair of a public building or public work,may not perform work as a CONSULTANT,supplier sub-Consultant, or CONSULTANT under Agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of > the Florida Statutes,for the Category Two for a period of 36 months from the date of being placed on the convicted vendor list. Section 11. GOVERNING LAW,VENUE, INTERPRETATION, COSTS AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of < Florida applicable to Agreements made and to be performed entirely in the State. n E 0) In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONSULTANT agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. Section 12. SEVERABILITY If any term, covenant, condition or provision of this Agreement(or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. E Packet Pg. 2908 P.8.d Section 13. ATTORNEY'S FEES AND COSTS The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement,the prevailing party shall be entitled to reasonable attorney's fees, and court costs, as an award against the non-prevailing party. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the Circuit Court of Monroe County. Section 14. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the E benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. �t Section 15. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as > required by law. Section 16. ADJUDICATION OF DISPUTES OR DISAGREEMENTS E COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be E resolved by meet and confer sessions between representatives of each of the parties. If no t resolution can be agreed upon within 30 days after the first meet and confer session,then any party n shall have the right to seek such relief or remedy as may be provided by this Agreement or by E Florida law. This Agreement shall not be subject to arbitration. N CD Section 17. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution,performance, or breach of this Agreement, COUNTY and CONSULTANT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. Section 18. NONDISCRIMINATION 0 COUNTY and CONSULTANT agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. COUNTY or CONSULTANT agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to Packet Pg. 2909 P.8.d nondiscrimination. These include but are not limited to: Title VH of the Civil Rights Act of 1964 (PL 88-352)which prohibits discrimination on the basis of race, color or national origin; Title IX of the Education Amendment of 1972, as amended(20 USC ss. 1681-1683,and 1685-1686),which prohibits discrimination on the basis of sex; Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination �? on the basis of age; The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; The Public Health z Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; Title VHI of the Civil Rights Act of 1968 E (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. Section 19. COVENANT OF NO INTEREST COUNTY and CONSULTANT covenant that neither presently has any interest, and shall not acquire any interest,which would conflict in any manner or degree with its performance under this E Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. E Section 20. CODE OF ETHICSco W The parties understand that officers and employees of the COUNTY are required to comply with CD the standards of conduct for public officers and employees as delineated in Section 112.313, N Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency;unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. ' 0 Section 21. NO SOLICITATION/PAYMENT The COUNTY and CONSULTANT warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, , corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT E agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission,percentage, gift, or consideration. Packet Pg. 2910 P.8.d Section 22. PUBLIC ACCESS The COUNTY and CONSULTANT shall allow and permit reasonable access to, and inspection of, all documents,papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONSULTANT in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONSULTANT. Section 23. NON-WAIVER OF IMMUNITY °® Notwithstanding the provisions of Sec. 768.28,Florida Statutes,the participation of the COUNTY and the CONSULTANT in this Agreement and the acquisition of any commercial liability E insurance coverage, self-insurance coverage,or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. Section 24. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules > and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of E 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 E COUNTY. < co Section 25. LEGAL OBLIGATIONS AND RESPONSIBILITIES E Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to,nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation ' or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. Section 26. NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONSULTANT agree that neither the COUNTY nor the CONSULTANT or any agent, officer, or employee of either shall have the E 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. Packet Pg. 2911 P.8.d Section 27. ATTESTATIONS CONSULTANT agrees to execute such documents as the COUNTY may reasonably require, including, but not being limited to, a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement, Lobbying and Conflict of Interest Clause, and Non-Collusion �? Agreement. � Section 28. NO PERSONAL LIABILITY °® No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no E member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. Section 29. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded > as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. a� Section 30. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference < co only, and it is agreed that such section headings are not a part of this Agreement and will not be n used in the interpretation of any provision of this Agreement. E Section 31. INSURANCE POLICIES C" N 31.1 General Insurance Requirements for Other Consultants and SubConsultants. As a pre-requisite of the work governed,the CONSULTANT shall obtain, at his/her own expense, 2 insurance as specified in any attached schedules, which are made part of this contract. The CONSULTANT will ensure that the insurance obtained will extend protection to all SubConsultants engaged by the CONSULTANT. As an alternative, the CONSULTANT may require all SubConsultants to obtain insurance consistent with the attached schedules; however CONSULTANT is solely responsible to ensure that said insurance is obtained and shall submit 76 proof of insurance to COUNTY. Failure to provide proof of insurance shall be grounds for S, termination of this Agreement. 0 The CONSULTANT will not be permitted to commence work governed by this contract until satisfactory evidence of the required insurance has been furnished to the COUNTY as specified below. Delays in the commencement of work, resulting from the failure of the CONSULTANT to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work Packet Pg. 2912 P.8.d commenced on the specified date and time, except for the CONSULTANT's failure to provide satisfactory evidence. The CONSULTANT shall maintain the required insurance throughout the entire term of this contract and any extensions specified herein. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced and/or termination of this Agreement and for damages to the COUNTY. Delays in the completion of work resulting from the failure of the CONSULTANT to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the CONSULTANT's failure z to maintain the required insurance. E The CONSULTANT shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either: • Certificate of Insurance, or A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty > (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Consultant's insurance shall not be construed as relieving the Consultant from any liability or obligation assumed under this contract or imposed by law. a� The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. co n 31.2 Insurance Requirements (Note: amounts of coverage are subject to change in final E contract) Prior to the commencement of work governed by this contract, the CONSULTANT shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: , • Premises Operations • Bodily Injury Liability 2 • Expanded Definition of Property Damage 0 The minimum limits acceptable shall be $500,000 Combined Single Limit(CSL) If split limits are provided, the minimum limits acceptable shall be: 6 $250,000 per Person $500,000 per Occurrence $ 50,000 Property Damage E 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. Packet Pg. 2913 P.8.d The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 31.3 Vehicle Liability Insurance requirements Recognizing that the work governed by this contract requires the use of vehicles, the Ch CONSULTANT, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: z • Owned, Non-Owned, and Hired Vehicles y The minimum limits acceptable shall be: $300,000 Combined Single Limit(CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage > The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. E 31.4 Workers' Compensation Insurance Requirements Prior to commencement of work governed by this contract, the CONSULTANT shall obtain n Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. E In addition, the CONSULTANT shall obtain Employers' Liability Insurance with limits of not less than: `V $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease,policy limits $500,000 Bodily Injury by Disease, each employee 0 Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. 31.5 Professional Liability Requirements Recognizing that the work governed by this contract involves the furnishing of advice or services 0 of a professional nature, the Consultant shall purchase and maintain, throughout the life of the contract,Professional Liability Insurance which will respond to damages resulting from any claim E arising out of the performance of professional services or any error or omission of the Consultant arising out of work governed by this contract. e( The minimum limits of liability shall be$500,000 per occurrence/$1,000,000 Aggregate Packet Pg. 2914 P.8.d Section 32. INDEMNIFICATION The CONSULTANT does hereby consent and agree to indemnify and hold harmless the COUNTY, its Mayor, the Board of County Commissioners, appointed Boards and Commissions, Officers, and the Employees, and any other agents, individually and collectively, from all fines, suits, claims, demands, actions, costs, obligations, attorney's fees, or liability of any kind arising �? out of the sole negligent actions of the CONSULTANT or substantial and unnecessary delay caused by the willful nonperformance of the CONSULTANT and shall be solely responsible and answerable for any and all accidents or injuries to persons or property arising out of its performance of this contract. The amount and type of insurance coverage requirements set forth hereunder shall z in no way be construed as limiting the scope of indemnity set forth in this paragraph. Further the CONSULTANT agrees to defend and pay all legal costs attendant to acts attributable to the sole E negligent act of the CONSULTANT. Section 34 INDEPENDENT CONSULTANT. At all times and for all purposes hereunder, the CONSULTANT is an independent Consultant and not an employee of the Board of County Commissioners. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his/her employees, Consultants, servants or agents to be employees of the Board of County Commissioners for Monroe County. As an independent Consultant the > CONSULTANT shall provide independent, professional judgment and comply with all federal, state, and local statutes, ordinances, rules and regulations applicable to the services to be provided. a� Section 35 COMPLETENESS OF WORK. The CONSULTANT shall be responsible for the completeness and accuracy of its work, plan, supporting data, and other documents prepared or compiled under its obligation for this project, and shall correct at its expense all significant errors t or omissions therein which may be disclosed. The cost of the work necessary to correct those n errors attributable to the CONSULTANT and any damage incurred by the COUNTY as a result of E additional costs caused by such errors shall be chargeable to the CONSULTANT. This provision shall not apply to any maps, official records, contracts, or other data that may be provided by the COUNTY or other public or semi-public agencies. The CONSULTANT agrees that no charges or claims for damages shall be made by it for any delays or hindrances attributable to the COUNTY during the progress of any portion of the services 2 specified in this contract. Such delays or hindrances, if any, shall be compensated for by the COUNTY by an extension of time for a reasonable period for the CONSULTANT to complete the work schedule. Such an agreement shall be made between the parties. Packet Pg. 2915 P.8.d s IN WITNESS HEREOF, the parties hereto have caused these presents to be executed on the day of�2020. s BOARD OF COUNTY COMMISSIONERS 9 Kevin Madok,CLERK ROE COUNTY,FLORIDA As 15eputy Clerk Mayor Heather Carruthers rw��0 0 E Data- (CORPORATE SEAL) CONSULTANT < ATTEST: By By: Title: Re 1 N CD rri -v m U 1 Packet P�. 2916 P.8.d Exhibit A SECTION FOUR- SCOPE OF SERVICES Monroe County Resilient Coastlines Program Adaptation Action Areas (AAA's) 4.1 Purpose The Consultant will update existing data and develop recommended policy approaches for Adaptation Action Areas (AAAs). This project builds upon numerous sea level rise/data collection efforts to identify vulnerabilities and supports a critical time in the County's long-term recovery process following the devastation of Category 4, Hurricane Irma. The effort includes assessments z of latest data and case studies for AAAs; updating vulnerability modeling; developing policy recommendations for AAAs; GIS analysis of potential AAAs; and outlining future data needs and E options. The deliverables from this AAA project will inform decision-making for long-term sea level rise planning and rebuilding/recovery efforts. y 4.2. Project Description: The County's GreenKeys Climate and Sustainability Plan includes Recommendation 1-31, "Develop criteria for Adaptation Action Areas and adoption in Comprehensive Plan." The County adopted an Energy and Climate Element policy into its 2030 Comprehensive Plan directing the identification of criteria to define AAAs and the update of > existing maps or creation of new maps that display potential impacts of sea-level rise for consideration in long-term planning decisions (see Policy 1502.1.4). The County has also collected extensive data; completed vulnerability analyses; completed the 5-year GreenKeys E Climate and Sustainability Action Plan; acquired countywide mobile LiDAR elevation data; and is currently completing Peril of Flood comprehensive plan amendments. E The County's next priority is developing AAAs and associated Goals, Objectives, and Policies co n within the Coastal Management Element. Monroe County expects the consultant will develop E draft AAAs (preliminary AAAs with associated goals, objectives, and policies) using existing policy guidance, best practices, case studies, updated data, and most current approaches as a foundation for this effort. While the county has already undertaken initial vulnerability modeling assessments, other more recent initiatives warrant updating this model to serve as the basis for AAAs. The updates to the 2 model will add the County's current mobile LiDAR elevation data; evaluate updated sea level rise projections of the Southeast Florida Regional Climate Compact; and include outputs from the County's two-year Countywide Roads and Stormwater Analysis with implementation plans for actual road and stormwater projects. The consultant will also review data from the County's FEMA Community Rating System-compliant Watershed Management Plan which identified initial areas of stormwater and County facilities' future flood risk. The updated vulnerability , model will be utilized to determine infrastructure and habitat impacts as well as areas of increasing vulnerability for a 2030, 2060, and 2100 sea-level rise assumption horizon. The planning process will also incorporate stormwater management and social vulnerability analyses E using best practices identified by the Center for Disease Control's (CDC) Social Vulnerability Index or other evaluation strategies identifying vulnerable populations and potential public health risks. Further, the County will consider approaches incorporating infrastructure and public facilities; habitat and land acquisition, management or protections that restore natural shoreline Page 1 of 6 Adaptation Action Area Development Exhibit A—Scope ofServices Packet Pg. 2917 P.8.d features; and development and recovery considerations. Lastly, the County is in the process of updating its Local Mitigation Strategy and developing a Post Disaster Recovery Strategy to position itself for long-term recovery. These updated strategies will further inform the County's AAA policy framework. The County anticipates the consultant review these data sources for the 3 vulnerability modeling updates. 4.3 Project Tasks & Deliverables Task 1 A. Title: Annotated Analysis of Existing Data Resources, Best Practices and Case Studies for the Establishment of AAAs. B. Goal: Document numerous approaches to developing AAAs in Florida and other states to determine best practices for AAA development. C. Description: Several local governments have already undertaken efforts to designate AAAs to fit localized priorities. Some local governments have designated wholesale geographic areas within their community broadly as an AAA, while others have created independent project-oriented approaches. As an Area of Critical State Concern, Monroe > County is likely to have unique issues in addressing its AAAs that will include consideration of elements related to the built and natural environment, as well as recovery efforts due to Hurricane Irma. The Consultant will review the AAAs establishment work E done by other County and municipal jurisdictions across the state. The Consultant may also look outside of Florida at best practices and approaches like AAAs, such as Resiliency E Districts, that garner policy and financial prioritization in local government decision- making as an adaptation strategy. n E D. Deliverables: N 1) Final Memorandum Outlining Existing Data Resources, Best Practices and Case Studies for the Establishment of AAAs Task 2 2 0 A. Title: Updated Vulnerability Assessment B. Goal: Update the County's GreenKeys Climate and Sustainability Vulnerability Assessment which will provide the modeling and data to support policy development for 76 the establishment of AAAs. S C. Description: The Consultant will update the County's vulnerability assessment utilizing new elevation data (provided by County), updated sea level rise projections, shoreline E information, capital project data, social vulnerability index, and stormwater management data. The updated vulnerability modeling with new elevation data will be used to determine infrastructure and habitat impacts as well as areas of increasing vulnerability for a 2030, 2060, and 2100 sea level rise assumption horizon. The analysis will also incorporate an Page 2 of 6 Adaptation Action Area Development Exhibit A—Scope ofServices Packet Pg. 2918 P.8.d analysis stormwater management and social vulnerability using best practices such as the Center for Disease Control's Social Vulnerability Index or other evaluation strategy (identifying vulnerable populations and potential public health risks). Monroe County has made a long-term commitment to the development of its GreenKeys Climate and Sustainability Plan, recognizing data gaps and developing more refined data for decision-making. The County has built datasets related to stormwater structures,roads, habitat and habitat transitions, County, and critical facilities. The consultant will update the County Vulnerability Assessment to develop a policy framework for addressing multiple priorities: infrastructure/services, habitat and recovery. Examples of how AAAs z could be developed include potentially "categorizing" the types of AAAs and developing specific Objectives and Policies related to the vulnerabilities within those geographic areas. E As such, the County anticipates developing multiple AAAs. Concepts for different planning challenges will be parsed out;pre-mitigation planning will be focused; and a tool to target grants, recovery assistance, and prioritize capital planning and land policy will also be created. Updating the vulnerability analysis related to habitat transitions or impacts could assist the County in aligning land acquisition, management and restoration policies to utilize critical landscapes, such as mangroves, as a natural resiliency strategy. Updated analysis using the County's new elevation data could also serve as the basis for AAAs that > align with capital planning to ensure the continuity of social and governmental services after storms as well as longer-term with the impact of sea level rise and/or other social- related impacts. E Based on this updated data-assessment, the Consultant will develop recommendations for E policy approaches for the designation of AAAs. t co n D. Deliverable(s): E 1) Assessment of available County data and analysis of existing data resources. 2) Memorandum describing modeling strategy approach including elevation data, social vulnerability, stormwater, natural systems, and recovery elements. 3) Present County and stakeholder engagement elements and results, including meeting ' materials (agendas and meeting minutes), draft findings, refined analysis results, and intermediate vulnerability assessment results. 4) Finalized Vulnerability Assessment Task 3 A. Title: Memorandum of Recommended Policy Alternatives for the Establishment of AAAs B. Goal: This Task seeks to develop policy alternatives for consideration by, and input from, E the Board of County Commissioners to establish AAAs. C. Description: Understanding that the County has a unique geography with an equally unique system of growth management regulations, the County views AAAs as a critical Page 3 of 6 Adaptation Action Area Development Exhibit A—Scope ofServices Packet Pg. 2919 P.8.d policy tool to address vulnerable areas through policy and financial investments that will strengthen its natural resources,housing,regional economy,and overall tax base as impacts from climate change increase over time. It will be necessary to contemplate different types of AAAs or policies to implement different sets of goals. This deliverable will explore those options, informed by the deliverables from Tasks 1 and 2, and include options for the County to consider in establishing AAAs. D. Deliverables: 1) Draft Memorandum of Recommended Policy Alternatives for the Establishment of E AAAs 2) Present draft findings to County staff and refine analysis results and finalize vulnerability results including Agenda and Minutes from meeting with County staff. 3) Final Memorandum of Recommended Policy Alternatives for the Establishment of AAAs Task 4 A. Title: Maps, Goals, Objectives and Policies for Preliminary AAAs E B. Goal: This task will use the recommended policy alternatives for the establishment of AAAs and graphically depict these areas for public review and comment. E C. Description: The Consultant will visually depict Maps of the AAAs informed by the policy n direction developed and provided in Task 3. As a companion to the Map series, the Goals E Objectives and Policies will be developed to support the designation of AAAs for internal review and consideration by the Board of County Commissioners in Task 6. The scope of the Map series will be defined by the best practices research from Task 1,the Vulnerability Assessment in Task 2 and Policy direction from the Board of County Commissioners in Task 3. The AAAs maps may include substantial parts of the County or be more narrowly ' tailored to address location-specific issues. Goals, Objectives and Policies will clearly be tailored to address the unique priorities within those designations. t� D. Deliverable(s): 1) Develop Draft AAA Maps Series and Goals, Objectives and Policies 2) Present draft AAA Map Series and Goals, Objectives and Policies to County staff and refine analysis results including Agenda and Minutes from meeting with County staff. Minutes from meeting with County staff. a� Task 5 Page 4 of 6 Adaptation Action Area Development Exhibit A—Scope ofServices Packet Pg. 2920 P.8.d A. Title: Public Engagement Meetings B. Goal: This task ensures there is public participation in the review and development of AAAs. a, C. Description: The Consultant will make all documents, reports, studies, and agendas readily available for public viewing (at County offices and County website) and provide presentations at public workshops,public work sessions, and public meetings on the work completed to develop policy alternatives to establish AAAs and associated maps. The County's geography being over 100 miles in length requires public meetings in multiple z locations to ensure all public participants have the ability to attend and participate in a location relatively close to their property. E D. Deliverables: e( 1) Series of 3 Public Workshops 41 in the Upper, Middle and Lower Keys with public engagement materials to present modeling results to County and the public after Deliverable 2. Minutes, sign-in sheets, agenda and presentation materials will be included. All municipalities will be invited to attend. > 2) Series of 3 Public Workshops 42 in the Upper, Middle and Lower Keys with public engagement materials to present modeling results to County and the public after Deliverable 4. Minutes, sign-in sheets, agenda and presentation materials will be E included. All municipalities will be invited to attend. 3) Board of County Commissioners Presentation 41 to seek policy direction with Agenda E and presentation materials after Deliverable 3. Minutes, agenda and presentation t materials will be included. n 4) Board of County Commissioners Presentation 42 to seek policy direction with Agenda E and presentation materials after Deliverable 4. Minutes, agenda and presentation materials will be included. 5) Website content will be developed. 6) Coordination will occur with the County's Public Information Officer to distribute at least 4 press releases prior to public and County Commission Presentations. ' Task 6 A. Title: Final Report with Model Ordinance language for AAAs B. Goal: This task will develop the final recommended Goals, Objectives, and Policies for the Coastal Management Element of the Monroe County Comprehensive Plan and AAAs map series. C. Description: The Consultant will review all work deliverables and public comment as well as BOCC direction to finalize comprehensive plan amendment language for AAAs. D. Deliverables: Page 5 of 6 Adaptation Action Area Development Exhibit A—Scope ofServices Packet Pg. 2921 P.8.d 1) Draft Report with Model Ordinance Language for AAAs. 2) Present draft report with Model Ordinance Language for AAAs to County staff and refine analysis results. Agenda and Minutes from meeting with County staff. 3) Final Report with Model Ordinance Language for AAAs. 3 r9 co n CD CD CD 0 76 Page 6 of 6 Adaptation Action Area Development Exhibit A—Scope ofServices Packet Pg. 2922 • P.8.d i RESPONSE FORM `C RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Purchasing Department GATO BUILDING,ROOM 2-213 1100 SIMONTON STREET y KEY WEST,FLORIDA 33040 ❑I acknowledge receipt of Addenda No.(s) x. I have included: • Response Form y • Lobbying and Conflict of Interest Clause Er y • Non-Collusion Affidavit • Drug Free Workplace Form C " • Public Entity Crime Statement l� • Monroe County occupational license and.relevant County occupational licenses are required to be obtained within ten days of award of the contract • Local Preference Form(if applicable) ❑ �, k ©I have included a current copy of the following professional and occupational licenses: m If the applicant is not�n individuaI(sole proprietor),please supply the following information: APPLICANT ORGANIZATION: (Registered business name must appear exactly as it appears on www.sunbix.or A Any applicant other than an individual(sole proprietor)must submit a printout of the"Detail by Entity Nante"screen from.Sunbix,and a copy of the most recent annual report filed with the Florida Department of State,Division of Corporations. Mailing Address: i � C 1 �, {-� �� PL 3� $ Telephone: - r7 -s Fax: Date e CJ Signed: Witness: Erin Deady -}-�-� (Print Name)� (Print Name) (Title) ff STATE OF. [� d COUNTY OF: C�C, nnr CS�L S bscribed and swo to(or affirmed)before me on -.-Z`� (date):by M—N L- • (name of affiant). He/She is personally kriD"jtq.me or has produced (type of identification)as identification LIZA6E f31 B:M ] MYCaMMlSS10N�RES:Septemb4hruNatary P+i J Packet Pg. 2923 _I l LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-I990 MONROE COUNTY, FLORIDA ETHICS CLAUSE � II Sly L- f= (Companyy "...warrants that he/it has not employed,retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion,terminate this Agreement without liability and may also,in its discretion,deduct from the Agreement or purchase price, or otherwise recover,the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee." :z wr s co (Signature) Date: N '. STATE OF: El an <:4- C, COUNTY OF: Subscribed and sworn to (or affirmed)before me on c : i' (date)by (name of affiant). He/She is ��personally known to me or has produced (type of identification)as identification y.. IZABE IJata0�n' ._- NOTARY PUBLIC += �'COMM!SSfMi#93216;2-. My Commission Expires: - `' FJ(Pl.; S:SePW b®r 9, Cz2 8 tM '11iru Notary f aht r; }ertr,ic a Oil F Packet Pg. 2924 I P.8.d y NON-COLLUSION AFFtDAVIT I, .. a a -, of the County of �2. according to law on nay oath, and under pena1?y--(y—'perjury, depose and say that y l arm of the firm of y t . the bidder making the Proposal for the, projec described in the Bequest for Proposals for l i and that 1 executed the said proposal with full authority to do so; f,6 e -4 4, A-Apr 2.. The Prices in this bid have been arrived at independently without collusion, , consultation,conrn7unication or agreement for the purpose of restricting coml:retition, as to any matter relating to such.Prices with any other bidder or with any competitor; W . Unless otherwise required by lain,the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder priori to bid opening, directly or indirectly, to any other bidder or to any < co competitor; and . No attempt has been made or will be made by the bidder to induce any other Person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; .. The staternents contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in � this affidavit in awarding contracts for said.project. 0 ca (Signature) Date: STATE OF. COUNTY OF: P Subscribed and sworn to (or aft"n-ined) before me on� r narne of affiant He/She is personally known to {date}l��y ( �• personally nee or has produced — (t' e f identification) as identification. MY COMMISSION#GG 216227 EViR s. W s,2 h[CST AIRY Pf J l LIC r 5�¢ �Tbti a Packet Pg. 2925 y Mv Crsmmk�,inn Fxtaires: . ......... ........ .. DRUG-FREE WORKPLACE FORM - - P.8.d' The undersigned vendor in accordance with Florida Statute.287.087 hereby certifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing,possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. y 2. Informs employees about the dangers of drug abuse in the workplace, the business'policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that y are under bid a copy of the statement specified in subsection(1). y 4. hi the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenderre to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five(5)days after such conviction. , 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. co As the person authorized to sign the statement,I certify that this firm complies fully with the above requirements. N (Signature) Date: STATE OF: COUNTY OF: kk Subscribed and sworn to(or armed)before me on Z (date)by affirmed) LEI (name of affiant), He/She is personally known to me or has produced �- ��-- (type of identification)as identification. ELI7ABETH BLOOM �. *; My COMMISSION#GG 216227, NOTARY P SLtiC EXPiRft�PW obo S, My Commission Expires: °I�� ( "L'•�. '•°`•�''' Nafa►Y PUtif�Ih►deMrtilazs Packet Pg. 2926 P.8.d PUBLIC ENTITY CRIME STATEMENT ' 1. "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a Consultant,supplier,subConsultant,or CONSULTANT under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither L r- (Proposer's name)nor any y Affiliate has been placed on the convicted vendor list within the lagi 36 months. y 1 (Signature) Date: STATE OF: ( X a COUNTY OF: h_ -- Subscribed and sworn to (or affirmed)before me on [ 1 W (date)by �[ L (name of affiant). He/She is personally known to me or has produced L_ DL— (type of identification) as identification. +y ca>uMissioN 9 GG 2sW7. 3 NOTARY PUBLIC �i =•� ;`a WIRM Se 6eMbff 9.2022 . F ° r�ona�aThNr y , v�aa�n��ra My Commission Expires: L z2 Packet Pg. 2927 P.8.d �, dapp sn a's s' a'7 N z ry W 01 CL Ci N to c C 6! v rccn � _ Cr "sr co F v c c � �n v xs a ¢ dd E ro a r�i u { c c a Al m a Y o M C 2 a QCD CD u w*. m c c 4 R3 41 f! '� 7 Q 7 is ✓t eEn c O O o o F - n ¢ o � u u ® r E15 ms. 2 o x s m x �' @ D O 4 D d � C7 0 0 O O 0 O �' C C7 ," C3 C7 C) 000 cT C3 CJ s•1 C3 CJ ,:.� G m +[Fb Q is , I.F. a M,e ss u b a �*, m x 0 Packet Pg. 2928 ---1 P.8.e ACCORD® CERTIFICATE OF LIABILITY INSURANCE 70-7/02/2021 E( THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEI REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorse( If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement o this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT (B NAME: HISCDx Inc. AICON No, Ext: (888)202-3007 FAX No): 520 Madison Avenue E-MAIL 32nd Floor ADDRESS: contact@hiscox.com New York, NY 10022 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Hiscox Insurance Company Inc 10200 INSURED INSURER B ERIN L DEADY P.A. 54 1/2 SE 6TH AVE INSURERC: DELRAY BEACH, FL 33483 INSURER D 7 INSURER E (n INSURER F: (n a) COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: (n THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM,, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD MM/DD LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE OCCUR PRENTED M SESOEa occurrrence $ 100,000 MED EXP(Any one person) $ 5,000 ' A Y Y UDC-2298363-CGL-21 06/29/2021 06/29/2022 PERSONAL&ADV INJURY $ 0 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO- LOC PRODUCTS-COMP/OPAGG $ S/T Gen.Agg C OTHER: $ 0) AUTOMOBILE LIABILITY COMBINEDSINGLELIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED A AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ CL � +�""'° ,.�,.,�, HIRED NON-OWNED ,u PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY w,.. ,--- Per accident) $ occuR q 4 2021 GL only - $ UMBRELLA LIAB I`�^^^"F (� EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE '.,. "�A ''" AGGREGATE $ DED RETENTION$ $ �. WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER T_ ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ CV OFFICE R/M EMBER EXCLUDED? N/A CD (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ CV If yes,describe under 0) DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) O U CERTIFICATE HOLDER CANCELLATION Monroe County BOCC U PO Box 100085-FX AUTHORIZED REPRESENTATIVE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOR Duluth GA 30096 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED I ¢ ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ! @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 2929 P.8.e LMFlorida Lawye ' Mutual COY°lR°l°ll'WAIT Cth IN'f'L. R NC F �. Iloos Ccatuficstc as tssuucc.I as a: uu-usutt:cr of informacticoua ornly MId couutc,`TS ffir uufulots LIlaorur rlrc° Cc:rtit�ucactc Holler. This cnC.ert.ificate clracs not annnc,uucd, cstend for°ahc°r the coveu�IlIc° aaffoe--:Jc°ci hly the hntwluc,y listed bclmv: cn cn cn yiAMF,D IN° MJI 11) AND /yl)d)RkiiS S: M Hn L Dca dy, I°. 620 W, h)losl ant ytrc(et � Lake Worth, H, 33462 r9 I his is to ccm Hy that the lrolic:y of insurance hStc;cd below has lac-mi issued to the inwt.cre:d nacru°ed aubovca and is in forc'ac � at this time. a) FY11F ()F INSUR'ANC'l:i;. B,/M.'W"u' "RS 1'RO FS SIONAL L IABI[.MTY ai l'tll..0 t IVl.116ffl° f) c)PC➢ !77';t �"2 0 21 I"�ul.,lti" ' °I S Kola 09/2td'2tt2t0 to 09 2Qt'�'l0µ?,l � C,. � d.dryWl.l'ls'Y IJ l FFSi S2,000,00 0 per claainl S2,000,000 total limit CANCELL.A"l"CfM Should the aubovc clescribcacd policy he cauicrrlcd beforcx the: cxpiraation dautc, th re.of. tluc issutil Company will crideavor to mad 30 c'l.uys writtcn notice Io the iaclow immcd C"ertuficaate fltalckcr,'butt fauilrurc to mail such notic.c shall impose No obligation action or ivachrility of any kirud tabula tiro f.caua�uln�ny, its CD <uf14cnIS cau o c°larcscuIUutuwcaS. CD N A Mh AND ,yd;tl.)RF„`*,S OF (TR k"lL'it.° ..l.l: ll01,, )FR � Mc IR)e C'crttnty IfcaaU'd of"C°otanty C"cn"a-MUSSIMI°cs Insurance Compliance mpliaance cn 11.0. Box MOW 0 Dttluuthu, Cicorrgiaa )0096 cn Iv- Se, tcniber t Ca ��'�_ OF I SU D _.... itcl � ?,�. ,1.,IVE E Packet Pg. 2930 a o. i :b � :lr , I akl br � WTI JIMMY JIMMY PATRONIS CHIEF FINANICAL OFFICER STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION ** CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW NON-CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation law. EFFECTIVE DATE: 11/25/2019 EXPIRATION DATE: 11/24/2021 PERSON: ERIN L DEADY EMAIL: ERIN@DEADYLAW.COM y FEIN: 453108752 y BUSINESS NAME AND ADDRESS: ERIN L, DEADY, P.A. 701 NORTHPOINT PARKWAY, SUITE 2, 05 WEST PALM BEACH, FL 33407 SCOPE OF BUSINESS OR TRADE: E Attorney-All Employees& Clerical,Messengers,Drivers IMPORTANT:Pursuant to Chapter 440.05(14),F.S.,an officer of a corporation who elects exemption from this chapter by filing a certificate of election under CL this section may not recover benefits or compensation under this chapter.Pursuant to Chapter 440.05(12), F.S.,Certificates of election to be exempt...apply only within the scope of the business or trade listed on the notice of election to be exempt.Pursuant to Chapter 440.05(13),F.S.,Notices of election to be exempt and certificates of election to be exempt shall be subject to revocation if,at any time after the filing of the notice or the issuance of the certificate,the person named on the notice or certificate no longer meets the requirements of this section for issuance of a certificate.The department shall revoke a certificate at any time for failure of the person named on the certificate to meet the requirements of this section. CN CD DFS-F2-DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 08-13 E01058156 QUESTIONS?(850)413-1609 N 0 CJ Packet Pg. 2931 PROGREll/U P.8.e MAGEN INSURANCE INC COMMERCIAL 7301 W PALMETTO PK RD BOCA RATON, FL 33433 1-561-221-6710 Policy number: 02115798-1 Underwritten by: PROGRESSIVE EXPRESS INS COMPANY May 13,2021 .� Page 1 of 2 Ch itP Certificate of Insurance 7 6 . 2021 1. 1 E Certificate HolderWAW WA ^� y ............................ MONROE COUNTY BOCC-INS COMP PO BOX 100085-FX DULUTH,GA 30096 Insured Agent/Surplus Lines Broker ................................................................................................................................................................................................... ERIN L. DEADY MAGEN INSURANCE INC 54 1/2 SE 6 AVE 7301 W PALMETTO PK RD DELRAY BEACH, FL 33483 BOCA RATON, FL 33433 This document certifies that insurance policies identified below have been issued by the designated insurer to the insured < named above for the period(s) indicated. This Certificate is issued for information purposes only. It confers no rights upon the certificate holder and does not change, alter, modify, or extend the coverages afforded by the policies listed below. CL The coverages afforded by the policies listed below are subject to all the terms, exclusions, limitations, endorsements, and conditions of these policies. ............................................................................................................................................................................. Policy Effective Date: May 8,2021 Policy Expiration Date: May 8, 2022 Insurance coverage(s) Limits r ............................................................................................................................................................................. BODILY INJURY/PROPERTY DAMAGE $1,000,000 COMBINED SINGLE LIMIT CD ............................................................................................................................................................................. PERSONAL INJURY PROTECTION $10,000 W/$0 DIED-NAMED INSURED ONLY ............................................................................................................................................................................. ANY AUTO BODILY INJURY/PROPERTY DAMAGE $1,000,000 COMBINED SINGLE LIMIT ............................................................................................................................................................................. BROAD FORM MATCHING LIMITS ALL COVERAGES Description of Location/Vehicles/Special Items Scheduled autos only v, ............................................................................................................................................................................. 2012 PORSCHE CAYENNE HYBRID WPIAE2A20CLA91242 COMPREHENSIVE $500 DIED COLLISION $500 DIED RENTAL REIMBURSEMENT $40 PER DAY($1,200 MAX) ROADSIDE ASSISTANCE SELECTED Packet Pg. 2932 P.8.e Policy number: 02115798-1 Page 2 of 2 Certificate number 13321NET798 y Please be advised that the certificate holder will not be notified in the event of a mid-term cancellation. '1�-i• E Form 5241(10102) CL LU J r N CD W U 0 U tJ U Packet Pg. 2933 P.8.e From: erin@deadylaw.com To: monroecountyfl monroecountyfl@Ebix.com CC: Subject: ELD PA COI Date: 5/13/2021 2:11:11 PM Attachment(s): Erin L. Deady, P.A. y 54%SE 6th Avenue y Delray Beach, FL 33483 954.593.5102 calendly.com/eldpa-54 https://erindeadylaw.com/ CL UJ cv cv 0 0 0 0 Packet Pg. 2934