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Item N07 N7 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5 Michelle Lincoln,District 2 James K.Scholl,District 3 David Rice,District 4 Board of County Commissioners Meeting July 19, 2023 Agenda Item Number: N7 2023-1209 BULK ITEM: Yes DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag N/A AGENDA ITEM WORDING: SUSTAINABILITY: Approval to enter into a no cost amendment no. 2 to the contract with Erin L. Deady PA to extend the period of performance by one year for the consulting services to develop watershed management plans for Monroe County, Marathon, Layton and Key Colony Beach pursuant to Florida Department of Emergency Management grant H0856-02. ITEM BACKGROUND: This item is for approval to enter into a no cost amendment no. 2 to the contract with Erin L. Deady PA for consulting services to extend the period of performance by one year for the watershed management plan work being performed for Monroe County, Marathon, Layton and Key Colony Beach, authorized by Florida Department of Emergency Management(FDEM) Grant H0856-02. PREVIOUS RELEVANT BOCC ACTION: July 21, 2021: Discussion and direction in the formulation of a grant application strategy for the "Resilient Florida" grant funds this year. August 18, 2021: Approval of the proposed grant applications for the "Resilient Florida" grant program. October 19, 2022: Approval of a Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program(HMGP) grant award of$120,843.75 passed through as a sub-recipient agreement with the Florida Division of Emergency Management to update the County Watershed Management Plan, plus a $40,281.25 match provided by Resilient Florida Vulnerability Assessment grant 22PLN66, for a total project value of$161,125. January 18, 2023: Authorize planning grant 22PLN66 for $139,350 from the Florida Department of Environmental Protection under the Resilient Florida Grant Program to update the Monroe County Vulnerability Assessment pursuant to Section 380.093, Florida Statutes. April 19, 2023: Approval of a $75,000 amendment no. 1 to planning grant 22PLN66, from the Florida 4430 Department of Environmental Protection under the Resilient Florida Grant Program, to conduct neighborhood outreach to obtain feedback while updating the Monroe County Vulnerability Assessment. May 17, 2023: Approval of Modification# 1 to Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program(HMGP) subgrant agreement H0856 with Florida Division of Emergency Management to develop Watershed Management Plans for Layton, Key Colony Beach and Marathon, increasing federal funding by $399,506.25 and bringing the total grant amount to $693,800. The 25% match will be provided by Resilient Florida Vulnerability Assessment grants 22PLN65 (Marathon) and 23PLN97 (Layton/Key Colony Beach). No County funds are expended for this work. May 17, 2023: Approval to enter into a $734,700 contract with Erin L. Deady PA for consulting services to provide Watershed Management Plans for Monroe County, Layton, Key Colony Beach and Marathon as funded by Florida Division of Emergency Management(FDEM) grant H0856 and H0856- Al and a vulnerability assessment update and neighborhood outreach for Monroe County as funded Florida Department of Environmental Protection (FDEP) Grant 22PLN66 and 22PLN66-Al. June 21, 2023: Approval to enter into a $137,875 amendment no. 1 to the contract with Erin L. Deady PA for consulting services to conduct a vulnerability assessment for Layton and Key Colony Beach as funded by Florida Department of Environmental Protection (FDEP) Grant 23PLN97. CONTRACT/AGREEMENT CHANGES: Extending the period of performance for the watershed management planning portion of the work by one year. STAFF RECOMMENDATION: Approval. DOCUMENTATION: Amendment 2 - signed by vendor REVISED.pdf FINANCIAL IMPACT: Effective Date: Upon execution Expiration Date: June 30, 2025 Dollar Value of Amendment No. 2: $0 Total Dollar Value of Contract: $872,575 Total Cost to County: $0 Current Year Portion: 30% Budgeted: Grant Funded Source of Funds: DEP Grant 23PLN97 CPI: N/A Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: None Revenue Producing: No If yes, amount: Grant: No County Match: No Insurance Required: Yes Additional Details: 4431 AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AND ERIN L. DEADY, P.A. FOR VULNERABILITY ASSESSMENT MODELING AND WATERSHED MANAGEMENT PLAN DEVELOPMENT THIS AMENDMENT NO. 2 is and entered into this 19th day of July,2023 to that AGREEMENT dated May 17, 2023, as amended June 21 for Amendment 1, 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 1/2 SE 6th Avenue,Delray Beach, FL 33482. WITNESSETH WHEREAS, the COUNTY has engaged the Consultant to provide water management plan and vulnerability assessment services for the COUNTY and municipalities; and WHEREAS,the County has received grant H0856-A2 from the Florida Department of Emergency Management (FDEM)for the Monroe County, Marathon and Layton / Key Colony Beach watershed management plan work; and WHEREAS, FDEM has provided a one-year time extension to the funding grant; and WHEREAS, the parties desire to amend this contract to extend the performance of time period. 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 This Amendment provides a no-cost time extension for the Consultant to perform the watershed management plan development and update services outlined in Exhibit A-2, until September 30, 2024. CONSULTANT shall perform and carry out in a professional and proper manner certain duties as described in the grant H0856-A2 in Exhibit A-2 — attached hereto and made a part of this agreement. All terms and conditions of the attached grants are incorporated by reference into this CONTRACT 4432 Page 1 of 3 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the 19th day of July 2023. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: Kevin Madok, CLERK OF MONROE COUNTY, FLORIDA By By: As Deputy Clerk Mayor (CORPORATE SEAL) ERIN L. DEADY PA ATTEST- By 04- By: PLNI,11-, Approved as to form and legal sufficiency: Monroe County Attorney's Office 6-28-2023 Page 2 of 3 Exhibit A-2 SCOPE OF SERVICES, SCHEDULES AND DELIVERABLES A. Watershed Management Plan Grant ($520,350 .fedcral share): ATTACHMENT —Division of Emergency Management Mitigation Bureau federally funded subaward grant agreement H0856-A2 for a one year time extension for: Monroe County Watershed Management Plan update—previously authorized for $120,843,75 federal share. Local match is the Vulnerability Assessment work. • Layton Watershed Management Plan development—previously authorized for $106,218.75 federal share. Local match is the Vulnerability Assessment work. ■ Key Colony Beach Watershed Management Plan development—previously authorized for $106,218.75 federal share. Local match is the Vulnerability Assessment work. Marathon for Watershed Management Plan development—previously authorized for $187,068.75 federal share. Local match is the Vulnerability Assessment work. Page 3 of 3 SUB-RECIPIENT AGREEMENT CHECKLIST DIVISION OF EMERGENCY MANAGEMENT MITIGATION BUREAU REQUEST FOR REVIEW AND APPROVA L SUB-RECIPIENT: Monroe County PROJECT#: 4337-004-Pb PROJECT TITLE: Monroe County Watershed Management Plan Update CONTRACT#: H0856 MODIFICATION#: 2 SUB-RECIPIENT REPRESENTATIVE POINT OF CONTACT Rhonda Haag Chief Resilience Officer 1100 Simonton Street Key West, Florida 33040 Enclosed is your copy of the proposed contract/modification between Monroe County and the Florida Division of Emergency Management (FDEM). COMPLETE ❑ This form is required to be included with all Reviews, Approvals, and Submittal ❑ Signed electronic copy ❑ Reviewed and Approved ❑ Signed and Dated by Official Representative ❑ Copy of the organization's resolution or charter that specifically identifies the person or position that is authorized to sign, if not Chairman, Mayor, or Chief ❑ Attachment I - Federal Funding Accountability and Transparency Act (FFATA) - completed, signed, and dated ® N/A for Modifications or State Funded Agreements ❑ Attachment K—Certification Regarding Lobbying - completed, signed, and dated ® N/A for Modifications or State Funded Agreements ❑ Electronic Submittal to the Grant Specialist Samantha Chaganis on If you have any questions regarding this contract, or who is authorized to sign it, please contact your Project Manager at (850) 328-5736 or email me at Caitlyn.Stroik@em.myflorida.com. 4435 Contract Number: H0856 Project Number: 4337-004-Pb MODIFICATION TO SUBGRANT AGREEMENT BETWEEN THE DIVISION OF EMERGENCY MANAGEMENT AND MONROE COUNTY This Modification Number Two is made and entered into by and between the State of Florida, Division of Emergency Management ("the Division"), and Monroe County("Sub-Recipient")to modify Contract Number H0856, dated December 8, 2022, ("the Agreement"). WHEREAS, the Division and the Sub-Recipient have entered into the Agreement, pursuant to which the Division has provided a subgrant to Sub-Recipient under the Hazard Mitigation Grant Program of$520,350.00 in Federal funds; and WHEREAS, the Division and the Sub-Recipient desire to modify the Agreement; and WHEREAS, the Agreement shall expire on September 30, 2023. WHEREAS, the Division and the Sub-Recipient desire to extend the terms of the Agreement. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. Paragraph 8 of the Agreement is hereby amended to read as follows: (8) PERIOD OF AGREEMENT This Agreement shall begin December 8, 2022 and shall end September 30, 2024; unless terminated earlier in accordance with the provisions of paragraph (17)of this Agreement 2. The Scope of Work, to the Agreement, are hereby modified as set forth in 1st Revision Attachment A to this Modification, a copy of which is attached hereto and incorporated herein by reference. 3. All provisions of the Agreement being modified and any attachments in conflict with this Modification shall be and are hereby changed to conform with this Modification, effective on the date of execution of this Modification by both parties. 4. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. 5. Quarterly Reports are due to the Division no later than 15 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. 1 4436 IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the dates set out below. SUB-RECIPIENT: MONROE COUNTY By: Name and Title: Date: STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Name and Title: Kevin Guthrie, Director Date: 2 4437 Attachment A Watershed Master Planning Initiative Monroe County Watershed Management Plan Update Scope of Work and Budget Statement of Purpose The Florida Division of Emergency Management's (the Division) Bureau of Mitigation prioritizes flood risk management as an integral part of its mission. The goals of this project are to assist local communities in developing a Watershed Master Plan for the purposes of moving up in the Community Rating System (CRS)of the National Flood Insurance Program (NFIP) and to increase resiliency in Florida communities. This project is funded through the Hazard Mitigation Grant Program (HMGP) DR-4337-004-P, as approved by the Division and the Federal Emergency Management Agency(FEMA)to create and update Watershed Master Plans (WMPs)throughout the state of Florida. The Project Manager for the Division will be: Laura Dhuwe, Project Manager Hazard Mitigation Grant Program Florida Division of Emergency Management 850-879-0872 yv Ir Ih p I InIn in..q... ..! ..::.! ..�`:Flcririr���..::.�.�?.rn Scope of Work The Division will coordinate with eligible Florida entities to produce a Watershed Master Plan (WMP)for credit under CRS. This project is preceded by the WMP Pilot Program, which consisted of research and the creation of guidance materials to ensure a consistent statewide approach to WMP development. Guidance materials produced in the WMP Pilot Program can be found at: /7 1...2..J. /www.Flciridaisa oi,:.oi ./....�.erT.........miti ation/watoirshec laniniin0 initiative or ............................................................................................ ........ .r . �............... ..................... ................................................................................................ .�.............................. ....................................................... /7 t 2.J/uwuwuw,fau ,edu�/oin iinooiriin /iroso it l/7/ uwir / lo2Liin I/7cr�so/. The Sub-Recipient may use other 1............................................................................................................................g...........................................0..........................................................................................................................................g........................................... p Y materials provided by ISO and located at Pubtt� -/Je g,,guv. The Sub-Recipient shall follow the Credit Criteria for Element WMP under CRS Activity 452.b(please refer to the 2017 CRS Coordinator's Manual' and the 2021 Addendum to the Coordinator's Manua 12). The Sub-Recipient will finalize the process by submitting their WMP to ISO/CRS for review and providing the Division with a signed letter from their applicable county's Local Mitigation Strategy(LMS)Chairperson attesting that the WMP will be adopted in the Sub-Recipient's next LMS update. Monroe County will be responsible for all tasks and deliverables for Monroe County, City of Key Colony Beach, City of Marathon and City of Layton. Tasks necessary to the completion of a WMP include: Task 1 —Create Preliminary Project Plan based on Initial Flood Modeling, and Submit Draft WMP The Sub-Recipient shall create a preliminary Project Plan, which is a narrative detailing how the initial flood modeling has sufficient detail on the data that went into the model, model specifications, and possible solutions for addressing flood risks that the model identified. There must be enough detail in the preliminary Project Plan to verify the required analysis has been completed. Specifically, the required analysis for the preliminary Project Plan shall include all the Minimum Criteria required for a creditable WMP3 under the two categories of Data Inventory and Collection and Initial Flood Modeling as follows: 1 https://www.fema.gov/sites/default/files/documents/fema_community-rating-system_coordinators- manual_2017.pdf 2 https://www.fema.gov/sites/default/files/documents/fema_community-rating-system_coordinator- manual_addendum-2021.pdf 3 See 2017 CRS Coordinator's Manual at htt�s:l/uvuvuU.Ferrg ov/s�tesldeF�wu t/fnles/documents/fema corrnrrnunut r�1tun .s sterrn coordun��tors ............................................................................................g.........................................................................................................................................................................................................................................................................................................Y.................................g............. ....................................................................................................................... rrnanu a 01 P t.qf; the 2021 Addendum to the Coordinator's Manual at 3 4438 Data Inventory and Collection: 1. Data inventory(used for initial flood modeling): a. Inventory of ground characteristics (e.g., soil type, impervious surfaces, wetlands) b. Inventory of existing drainage system c. Inventory of data availability 2. Locations of: a. critical facilities, cultural/historical, and other places/areas of interest b. vulnerable areas and their descriptions c. natural and constructed drainage systems and channels 3. Existing regulations and plans in place for reducing flood risks Initial Flood Modeling 4. For current/existing conditions land use, future land use, and the fully developed watershed scenarios: a. Evaluations of the existing drainage system's runoff response from design storms using a hydrologic and hydraulic study with a hydrograph approach undercurrent and predicted future land use conditions with assessments of the impacts of climate change and sea level rise for 10-, 25- & 100-year storm events b. For currently fully developed watersheds: studies of existing development and the potential impact of any redevelopment c. Evaluations of different management scenarios for at least the 100-year rainfall event for a fully developed watershed at a scale sufficient to determine local problems. d. Determinations of the change in runoff from current to future, fully developed conditions e. Recommendations for managing at least the 10-year and the 25-year rainfall events 5. For communities impacted by sea level rise: evaluations of the impacts of the NOAA Intermediate 2100 sea level rise scenario on the 100-year rainfall event a. It is highly recommended to include 2 other scenarios up to 2100, which could be based on sea level for 2 time frames into the future or a number of feet of sea level rise within this timeframe. 6. The plan must include a strategy and action plan to address the results of the studies for: a. controlling the timing of peak flows to prevent or minimize problems for the entire watershed due to new development, redevelopment, and fully developed conditions b. the impact of climate change and sea level rise on fully developed conditions c. at least the 25-year rainfall event in fully developed conditions, with a list of possible solutions for addressing at least the 25-year rainfall event d. at least one event larger than the 25-year rainfall event, with a list of possible solutions for addressing this event e. ensuring that flood hazards from the 10-year and the 25-year events are not increased by future development (the 2-year storm is also recommended). 7. The community must adopt the final plan. 8. If applicable, WMP plans more than 5 years old must be evaluated to ensure that they remain applicable to current conditions. For instance, are previous assumptions on hydrology, sea level rise and future land use still applicable. Deliverable 1: An (1) electronic copy of the preliminary Project Plan; (2)a separate electronic document listing how and where in the preliminary Project Plan the Minimum Criteria listed above are met; and (3) a separate electronic document clarifying the Sub-Recipient's existing data inventory at the time of contract execution, how the data are used, and which tasks and efforts have already been completed prior to htt�s://vvvvvv.Ferrn �. ov/sites/deF��ult/Files/docu ments/Fema corrnrrnuinut r tin s stem coordinator ............................................................................................g.....................................................................................................................................................................................................................................................................................................!....................................g.............y................................................................................................................ rrnanu�a _��ddend_u m 0 1 ���„F; and other materials provided by ISO located at J�7„ttp�� //F�rr��� 4 4439 contract execution. These three electronic documents must be submitted to the Division for review no later than 20 months after the beginning of the Period of Performance. The Sub-Recipient will provide Deliverable 1 to the Division via email to ateir lhedji„Id inin„iin„g..( .n�yFlcirir� cn�. Payment for Task 1 will occur once the Sub-Recipient has received feedback from the Division confirming that their preliminary Project Plan has been approved. To be approved, the preliminary Project Plan must show how all the listed Minimum Criteria required for a creditable WMP are intended to be met. The Period of Performance begins with the date of execution of the subgrant agreement by both parties, and the Sub-Recipient shall provide the Division with the following no later than 20 months from the beginning of the Period of Performance before payment will be processed. Jurisdiction Specific Comments for Task 1: Task 1.1: Data collection for structures— Monroe County, City of Key Colony Beach, City of Marathon and City of Layton shall provide a list of critical assets, including regionally significant, to be evaluated for potential impacts by flooding and sea level rise including (but not limited to)transportation assets and evacuation routes; critical infrastructure; critical community and emergency facilities; and natural, cultural, and historical resources. Additionally, Monroe County, City of Key Colony Beach, City of Marathon and City of Layton shall include an individualized assessment with updated structures from the 2019 Watershed Management Plan, and any additional field work and analysis stemming from the Countywide Roads and Stormwater Assessment (2022). Monroe County shall also provide an inventory and description of their drainage system. Tasks 1.2 and 1.3: Preliminary Flood Modeling and Project Plan— In addition to the above Minimum Criteria, Monroe County, City of Key Colony Beach, City of Marathon and City Layton shall align the Project Plan modeling effort with Section 380.093, F.S., and the approach for this assessment will include: 1) mapping potential high tide flooding, future regular tidal inundation from sea level rise and 2) mapping potential storm surge events to project multiple sea-level-adjusted designed storm events (at a minimum, the 100-year event). Additionally, Monroe County, City of Key Colony Beach, City of Marathon and City of Layton will clarify in writing which tasks and efforts have already been completed prior to contract execution. With the mapping efforts, Monroe County, City of Key Colony Beach, City of Marathon and City of Layton shall provide the source and dates of data acquisition, Iocational accuracy, and map projection and coordinate system information of geospatial data. Task 2— Revise Draft WMP and Submit Completed WMP After receiving feedback from the Division on the preliminary Project Plan from Task 1 (Deliverable 1), the Sub-Recipient shall finalize the flood modeling process and submit their completed WMP. At a minimum, the modeling and WMP must meet the Minimum Criteria required for a creditable WMP shown above. The Sub-Recipient shall update their WMP, if revisions are necessary based on the Division's feedback, and submit the completed WMP to the Division for review. Throughout the activities for Task 2, the Sub-Recipient shall coordinate with the applicable LMS working group to ensure that the working group will adopt the WMP as an annex in the next LMS update, and use the data to inform the risk assessment and mitigation strategy. Deliverable 2: An electronic copy of the completed WMP will be submitted to the Division no later than 24 months after the beginning of the Period of Performance. If applicable, the Sub-Recipient will revise the submitted WMP to comply with required revisions and feedback from the Division, and then resubmit the WMP to the Division no later than 24 months after the beginning of the Period of Performance. The Period of Performance begins with the date of execution of the subgrant agreement by both parties, and the Sub-Recipient shall provide the Division with the following no later than 24 months from the beginning of the Period of Performance before payment will be processed: 1. the completed WMP4 (after incorporating comments from the Division, if applicable); and 4 See the Minimum Criteria required for a creditable WMP listed above. 5 4440 2. a signed letter from the applicable county's Local Mitigation Strategy (LMS) Chairperson attesting that the completed WMP will be adopted and used to update the risk assessment and mitigation strategy during the next LMS plan update. The Sub-Recipient will provide Deliverable 2 to the Division via email to ywg 17 p lg!20iin..q...( ..!2: My:fj2[ir a.:..corr]. Method of Compensation: All deliverables submitted to the Project Manager or to the Division shall be completed by the Sub- Recipient and approved for completeness and accuracy by the Project Manager or the Division to qualify as reaching the minimum required criteria for each invoice period. All tasks shall be performed under the direct supervision of the Division. The project shall be reimbursed upon receipt of invoices submitted at the completion and acceptance of each deliverable defined above unless this agreement is terminated early. This is a cost reimbursement agreement, which will be reimbursed on a fixed-fee, fixed-price agreement as follows: Deliverables Task 1: Task 2: Create Preliminary Project Revise Draft Plan based on Initial Flood WMP and Modeling and Submit Draft Submit WMP Completed Due: WMP 20 months after POP date Due: 24 months after Total POP date Deliverable Deliverables Value Monroe County $46,750.00 $114,375.00 $161,125.00 City of Key Colony Beach $47,500.00 $94,125.00 $141,625.00 City of Marathon $137,800.00 $111,625.00 $249,425.00 City of Layton $47,500.00 $94,125.00 $141,625.00 Totals: $279,550.00 $414,250.00 $693,800.00 Financial Consequences for Non-Performance: The failure to provide the Division with the required deliverables within the stated timelines shall result in a penalty of 5 %of the determined deliverable amount for each late deliverable. Penalty may be waived based upon reasonable explanation with documentation by Sub-Recipient. Should the Sub-Recipient determine that there are significant barriers to conduct any of the minimum deliverables due to extenuating circumstances, the Division may re-evaluate performance expectations upon a formal request from the Sub-Recipient. If the Sub-Recipient fails to comply with any terms of the agreement, the Division shall take one or more of the following actions: 1. Temporarily withhold cash payments pending correction of the deficiency by the Sub-Recipient; 2. Disallow all or part of the cost of the activity or action not in compliance; 3. Wholly or partially suspend or terminate the current agreement for the Sub-Recipient's project; 4. Withhold further agreements for the project; or 5. Take other actions that are legally allowed. Schedule of Work Task(s) Number of Months to Complete 6 4441 Field work and data collection for structures (Task 1) 6 Initial Flood Modeling Task 1 10 Preliminary Project Plan Task 1 4 Revise Draft WMP and Submit Completed WMP &CRS Plan (Task 2) 4 Total Period of Performance: 24 Total Period of Performance The Period of Performance for this project begins on the date of execution of the subgrant agreement by both parties and ends no later than September 30, 2024. Budget: Cost Item Project Cost Federal Share Non-Federal Share Personnel Fringe Benefits Travel Equipment Supplies Contractual $693,800.00 $520,350.00 $173,450.00 Other Project Total: $693,800.00 $520,350.00 $173,450.00 Fundinq Summary Totals Federal Share Non-Federal Total Project Cost Item 75% Share 25% Cost Monroe County $120,843.75 $40,281.25 $161,125.00 City of Key Colony Beach $106,218.75 $35,406.25 $141,625.00 City of Marathon $187,068.75 $62,356.25 $249,425.00 City of Layton $106,218.75 $35,406.25 $141,625.00 Totals: $520,350.00 $173,450.00 7 4442