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Item N08 N8 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: N8 2023-1213 BULK ITEM: Yes DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag N/A AGENDA ITEM WORDING: SUSTAINABILITY: Approval to enter into a $14,000 amendment no. 3 to the contract with Erin L. Deady PA to prepare and submit up to four grant applications under the 2023 Resilient Florida grant program on behalf of the County. ITEM BACKGROUND: This item is for approval to enter into amendment no. 3 for $14,000 to the contract with Erin L. Deady PA for consulting services to prepare and submit up to four grant applications under the Resilient Florida program. 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 Department of Environmental Protection under the Resilient Florida Grant Program, to conduct neighborhood outreach to obtain feedback while updating the Monroe County Vulnerability 4443 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. July 19: 2023: 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 permance for the watershed management plan services by one year,pursuant to FDEM grant H0856-02. CONTRACT/AGREEMENT CHANGES: Additional funds for grant preparation. STAFF RECOMMENDATION: Approval. DOCUMENTATION: Deady Contract Amendment 3- Grant Prep.pdf FINANCIAL IMPACT: Effective Date: July 19, 2023 Expiration Date: June 30, 2025 Dollar Value of Amendment No. 3: $14,000 Total Dollar Value of Contract: $886,575 Total Cost to County: $14,000 Current Year Portion: 100% Budgeted: yes Source of Funds: $10,000: 102-22500-SC_00038 $ 4,000: 001-05008-SC_00038 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: 4444 AMENDMENT NO. 3 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. 3 is and entered into this 19th day of July,2023 to that AGREEMENT dated May 17, 2023, as amended June 21, 2023 under Amendment 1 and July 19, 2023 for Amendment 2, 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 33482. WITNESSETH WHEREAS, the COUNTY has engaged the Consultant to provide water management plan and resiliency services for the COUNTY and municipalities; and WHEREAS, the County plans to submit grant applications for the Resilient Florida 2023 grant cycle; and WHEREAS, the CONSULTANT has provided grant preparation services for the COUNTY in previous Resilient Florida Grant cycles; and WHEREAS,the parties desire to amend this contract to authorize the CONSULTANT to prepare and submit grant applications for the Resilient Florida program on behalf of the COUNTY. 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 paragraph 7.2 below. All terms and conditions of the attached grants are incorporated by reference into this CONTRACT 1 4445 ARTICLE VII COMPENSATION 7.1 PAYMENT SUM The COUNTY shall pay the CONSULTANT for the CONSULTANT'S performance of this Amendment No. 3 an amount not to exceed Fourteen Thousand Dollars and Zero Cents ($14,000). The Payment Sum shall not exceed this amount unless amended by formal approval of the Monroe County BOCC. No charges shall be incurred by the County other than products or services that were ordered, provided and agreed upon by the COUNTY. 7.2 PAYMENTS AND DELIVERABLES 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid according to the deliverables outlined in 7.2.2 and according to the Florida Local Government Prompt Payment Act, Section 218.70,Florida Statutes. Payments will be lump sum or time and materials, as indicated in Exhibit B-1. Partial payments of tasks and deliverables shall be allowed for any item over $5,000. 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 Sustainability Director will review the request, note her approval on the request and forward it to the Clerk for payment. 7.2.2 The CONSULTANT shall prepare four grant applications for the Resilient Florida Program 2023 grant cycle for capital projects. Grant preparation shall include submittal of the projects into information into a draft form for final review by the County prior to entry of that information by the CONSULTANT into the Florida Department of Environmental Protection (DEP) grant portal. Additional application preparation shall be subject to a future task order. This shall include one presentation of the grant information to the Board of County Commissioners. 7.2.3 The deliverables shall consist of up to four grant applications in Word document form, an email receipt of the successfully submitted grant applications submitted before the deadline, and one presentation to the Board of County Commissioners. All other provisions of the AGREEMENT dated the 17th day of May, 2023 and amended June 1, 2023 (Amendment No. 1) and July 19, 2023 (Amendment No. 2) not inconsistent herewith, shall remain in full force and effect. REMAINDER OF PAGE PURPOSELY LEFT BLANK 2 4446 : 'Z �" , IN WYMESS WEE] L01{, th-c parties [kcrcto lmm" caused these presents, to, be, cxcctitecl or the 19th day of'Rily 2023, fSEAL) BOARD OF cotymry comMISSIONEIVIS" Attest: Kvvin Matlok, CLERK OF W)NI1,01, COUN'tY,FL('.),.RID,A, Ily ....... .............. lly ....... As Depi�ity Clerk Mayor (CC. RPOIZA'L°E SEAL) ERIN L. DU1.ADY' PA AT"jT;"ST: By .......................................... ......................... .......................... itl Approved as to form and legal sufficiency: Monroe County Attorney's Office 6-28-2023 3 4447