3rd Amendment 02/16/2022 GV�COURrdc�11
; ..V•, Kevin Madok, CPA
* % 4. 1 L
o ..::. _ Clerk of the Circuit Court& Comptroller—Monroe County, Florida
DATE: February 25, 2022
TO: Rhonda Haag
Chief Resilience Officer
Lindsey Ballard
Aide to the County Administrator
FROM: Pamela G. Hanc•, ).C.
SUBJECT: February 16th BOCC Meeting
Attached is a copy of the following item for your handling:
P8 3rd Amendment, in the amount of$2,500.00, to the 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.
Should you have any questions please feel free to contact me at (305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
AMENDMENT NO.
TO THE
CONTRACT
BETWEEN MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
AND
ERIN L. DEADY P.A.
T
UPDATE THE EXISTING VULNERABILITY
16th
THIS AMENDMENT NO. 3 TO THAT AGREEMENT is made and entered into this± 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.
WITNES SET
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
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
COUNTY and CONSULTANT do hereby agree as follows:
Section 1. SCOPE OF SERVICES
CONSULTANT shall perform and carry out in a professional and proper manner certain duties as
described in the 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
f
1
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
performance of this Amendment a lump sum amount Twenty Five Hundred Dollars
($2,500.00), for a total CONTRACT amount of Fifty-One Thousand Nine Hundred
Twenty Five Dollars($51,925.00).
4.2 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, Section
218.70, Florida Statutes. Partial tasks maybe invoiced and approved by the County. The
Provider shall submit to the County an invoice with supporting documentation in a form
acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted
accounting principles and such laws, rules and regulations as may govern the Clerk's
disbursal of funds. The Project Manager will review the request, note his or her approval
on the request and forward it to the Clerk for payment.
IN WITNESS W EREOF, the parties hereto have caused these presents to be executed on the
c 1 `�'�o
AS` ALj '
1 \\
{x A
�t E ,� < " n Madok, CLERK BOARD OF COUNTY COMMISSIONERS
sp r._ F '�.� OF MONROE /COUNTY, FLORIDA
'),,, r ia,\\,,,,...
l oO`ryr1 S
C T
By By:
By:
As Deputy Clerk 1416/22. Mayor
C) --, ,Y
(CORPORATE SEAL) ERIN L. DEADY LLC =-,rn `x'
•
ATTEST: YG N.)c� cn
C)C) w.,
( i
�
�
a 0,5,,i
By By: :�;--( .. t�
Title:
Approved as to form and legal sufficiency:
Monroe County Attorneys Office 2-1-2022 ,
2
Exhibit A- -
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
still has unanswered questions about how this program will operate. Much of our analysis is based
on a "worst case" interpretation in terms of level of effort to comply and a strict reading the
legislation and its requirements. We continue to believe that given the significant amount of work
undertaken by Monroe County to date, that the County is ahead of the game, but more work may
be necessary to bring those documents and analysis into more strict compliance with what the
legislation now requires.
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.
All parties recognize this will occur before the required rule making is completed but also
before the State has completed the comprehensive statewide flood vulnerability and sea
level rise assessment. But despite those foundational efforts, the first plan will be
completed this year.
2. Project submittals. DEP has opened their project submittal grant"portal"until September
1, 2021. The language in the law states: (d)1. By September 1, 2021, and each September
I thereafter, counties and municipalities may submit to the department q list of proposed
that address risks of flooding or sea level rise identicted in vuhterab
assessments that meet the requirentents ofsubsection (3) Those requirements are below
in the footnote.
(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
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
3. Our best infon-nation right now is that the County shall work towards "bridging the gap"
between work that has already been done and "compliance" with the requirements in
subsection (3). Not all of this work to meet these requirements can be completed prior to
this year's September 1, 2021 grant application deadline, but some of it can be completed
to support the County's "list of grant application projects". Our best information is that
those projects based on a vulnerability assessment that meets more of the criteria in
subsection (3) will score better than those that don't.
This is our current best information, without an implementing rule in place and in advance of the
July 14, 2021 DEP workshop that has been scheduled to have a more public discussion on this.
This work is to support Monroe County's project submittals and update the Green Keys Work Plan
to indicate the projects completed, add in potential new projects, and move the remaining
unfinished projects over the timeline to years 6-10. This Green Keys Update will include a
summary supporting narrative.
This work does not include preparation of grant applications to be submitted through DEP's project
portal. This work also does not include a full rewrite of the Green Keys Plan.
(1)Gcospatial 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)(0, if the county or
municipality is subject to such requirements and has not complied with such requirements as determined by the
Department of Economic Opportunity.
2.The depth of:
a. Tidal flooding, including future high tide flooding, which must use thresholds published and provided by the
department. To the extent practicable,the analysis should also geographically display the number of tidal flood days
expected for each scenario and planning horizon.
b.Current and future storm surge flooding using publicly available National Oceanic and Atmospheric Administration
or Federal Emergency Management Agency storm surge data.The initial storm surge event used must equal or exceed
the current 100-year flood event. Higher frequency storm events may be analyzed to understand the exposure of a
critical asset.
c. To the extent practicable,rainfall-induced flooding using spatiotemporal analysis or existing hydrologic and
hydraulic modeling results. Future boundary conditions should be modified to consider sea level rise and high tide
conditions.
d. To the extent practicable,compound flooding or the combination of tidal,storm surge, and rainfall-induced
flooding.
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 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).
4
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,
L 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-0906181 I.I.I (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
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)
I. Equal or exceed I 00-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
The following includes the approach to be used by the Consultant for updating the 2021 Monroe
County vulnerability assessment:
Previously Obtained ata
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
1 2100 (exceeds standard)
b. Future storm surge
5
i. NO 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.
SummaLry Table Comparing Statutory reguirements either already addressed or contained
within this scope of services:
Item Addressed Notes
W
Metadata Standard See tasks below.
High Tide Flooding Not achievable by September I
NOAA 2017 Intermediate Low—2040 See tasks below.
NOAA 2017 Intermediate Low—2070 See tasks below.
NOAA 2017 Intermediate High—2040 X
NOAA 2017 Intermediate High—2070 X
Future Storm Surge (equal or exceeding X Outdated SLR projection
100-yr flood event) contained within Watershed
Management Plan—NOAA 2012
IH 2100 + 100 yr. Not
achiel)able by Septeniber 1.
Combinations of Sea Level Rise, storm Not achievable by Septeniber 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
assessment will include it.
Primarily this scope of work will include the NOAA Interniediate 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 tim efts me 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.
6
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
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.
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
B. Goal: Update the County's Vulnerability Assessment
C. DejKEjR#M 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
2. Sea Level Rise Impact Projection Data Processing
a. NOAA Intermediate Low
i. 2040
ii, 2070
iii. 2100
3. Report & Map Output
a. List of critical facilities by year for NOAA Intermediate High & NOAA
Intermediate Low.
b. Rationale and justifications for statutory criteria met or scope
4. Preparing minimum required metadata based on GIS standards
D. Deli
7
1) Updated Vulnerability Assessment Narrative and Map Series
2) Metadata to meet state standards
Task 3
A. Title: Update of Green Keys or 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 fro m 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)
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.
C. Descri do : This will include draft responses for the application materials and final
submittal of applications.
8
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 for 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
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,
9
Exhibit B-2
Deliverable and Payment Schedule
4.3 Project Tasks & Deliverables
Task I
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. Descrintion: 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.
E. Due Date: September 1, 2021 unless deadline extended by the State.
Payment: $6,000
Task 2
A. Title: Updated Vulnerability Assessment
B. Goal: Update the County's Vulnerability Assessment
C. Dcscri do : This will include the following elements related to data, analysis, L
modeling, mapping, and preparing metadata as required by the state fior 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
2) SLR Impact Projection Data Processing
a. NOAA IL
i. 2040
2070
iii. 2100
Payment: $3,600
10
3) Report&Map Output
a. List of critical facilities by year for NOAA 1H &NOAA IL
b. Rationale and justifications for statutory criteria met or scope
Payment: $12,000
4) Preparing minimum required metadata based on GI S 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
A. Title: Update of Green Keys or Plan
B. Goal: This Task updates and brings current the Green Keys Work Plan with an Executive
Summary-styled supporting narrative.
C. Des tion: This work is to support an update the Green Keys Work Plan to indicate the
projects completed, add in potential new projects, and move the remaining unfinished
projects 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)
�. Goal: This Task includes grant application preparation.
C.C. Description: This Task includes the work to prepare and submit project information into
DEP's project portal.
D. Deliverables:
1) 3-5 Grant applications or project submittals to DE
E. Deadline: August 30, 221 unless deadline extended by the State
Payment: $7,500
Task
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
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 Harry Harris grant applications and
i
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.
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)
f
Due Date: February 1 , 2022
Payment: $10,500
Task 6
A. Title: Updated Vulnerability Assessment
B. Goal: Update the County's Vulnerability Assessment with recent modeling information
for packaging and submittal to DEP.
r
12
r
C. Descri do : 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. eliverale(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
1
I
I'
I
13