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Item O12 012 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting January 31, 2024 Agenda Item Number: 012 2023-2018 BULK ITEM: Yes DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag N/A AGENDA ITEM WORDING: SUSTAINABILITY: Approval to enter into a 6 month no cost time extension under amendment No. 1 to the contract with WSP USA Environment& Infrastructure, Inc. to create a Vulnerability Assessment for the City of Marathon funded by Grant 22PLN65 from the Florida Department of Environmental Protection (FDEP). ITEM BACKGROUND: This is to approve an amendment to the contract with WSP USA Environment and Infrastructure Inc. to conduct a Vulnerability Assessment for the City of Marathon - to provide a 6 month no cost time extension, as authorized by grant amendment 22PLN65-A2. PREVIOUS RELEVANT BOCC ACTION: October 18, 2023: Approval to enter into a $240,000 contract with WSP USA Environment & Infrastructure, Inc. to create a Vulnerability Assessment for the City of Marathon funded by Grant 22PLN65 from the Florida Department of Environmental Protection (FDEP). INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: Time extension STAFF RECOMMENDATION: Approval. DOCUMENTATION: WSP and City of Marathon VA-Amendment 1_c (002).pdf 3990 FINANCIAL IMPACT: Effective Date: Upon Execution Expiration Date: Revised to December 30, 2024 $ Value of Amendment 1: $0 Total Dollar Value of Contract: $240,000 Total Cost to County: None Current Year Portion: N/A Budgeted: Grant Funded Source of Funds: DEP Grant 22PLN65 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: 3991 AMENDMENT NO. 1 TO THE CONTRACT BETWEEN MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AND WSP USA ENVIRONMENT & INFRASTRUCTURE, INC. FOR VULNERABILITY ASSESSMENT MODELING FOR MARATHON THIS AMENDMENT NO. 1, dated January 31, 2024, is entered into between the County and the CONSULTANT, to the Contract for Vulnerability Assessment Modeling for Marathon, dated the 18th day of October 2023 by and between Monroe County ("COUNTY) and WSP USA Environment& Infrastructure, Inc. ("CONSULTANT"). WITNES SETH: WHEREAS, the CONSULTANT was selected through a Request for Proposals pursuant to state and local law; and WHEREAS, grant 22PLN65 Marathon Vulnerability Assessment Development is funding the vulnerability assessment portion of the work; and WHEREAS, grant 22PLN65 was revised to change the Date of Expiration for the Task Deliverables from March 31, 2024 to September 30, 2024; and WHEREAS, all other terms and conditions of the Contract remain in effect. NOW, THEREFORE, in consideration of mutual promises, covenants and contracts stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and WSP USA Environment& Infrastructure, Inc. agree as follows: Section 1. Scope of Services is amended as follows: CONSULTANT shall provide the scope of services in Exhibit A-1 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. Section 3. Term of Agreement is amended as follows: 1 3992 Except as noted below, this Agreement shall begin on the date of execution and will conclude with delivery of the deliverables outlined in Section 1 of this Agreement, which shall not be later than September 30, 2024. The Date of Expiration of the Agreement shall be changed to December 30, 2024. All other provisions of the Contract for Vulnerability Assessment Modeling for Marathon dated the 18th day of October 2023, not inconsistent herewith, shall remain in full force and effect. IN WITNESS WHEREOF, each party caused this AMENDMENT NO. 1 to be executed by its duly authorized representative on the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman Date: WSP USA EVIRONMENT & INFRASTRUCTURE, INC. Mehle, Christine cnristine(USCM71751s) By: (USCM717518) 0926Date 02z05'009 Print name: Christine Mehle Title: Local Business Lead Date: January 9, 2024 Approved as to form and legal sufficiency: Monroe County Attorney's Office 1-9-2024 2 3993 Exhibit A- 1 Grant Agreement 22PLN65-A2 3 3994 AMENDMENT NO.2 TO AGREEMENT NO.22PLN35 BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND MONROE COUNTY BOARD OF COUNTY COMMISSIONERS This Amendment to Agreement No.22PLN35(Agreement)is made by and between the Department of Environmental Protection (Department), an agency of the State of Florida, and Monroe County Board of County Commissioners (Grantee),on the date last signed below. WHEREAS, the Department entered into the Agreement with the Grantee for Monroe County Vulnerability Assessment and Adaptation Action Plan(Project),effective April 14,2023; and, WHEREAS,the Grantee has requested an extension of the Agreement due to the delay in processing the Consent to Assignment of the Grant Agreement from the City of Marathon (Assigner) to Monroe County Board of County Commissioners(Assignee); and, WHEREAS,other changes to the Agreement are necessary. NOW THEREFORE,the Department and Grantee hereby agree as follows: 1. Section 3. of the Standard Grant Agreement is hereby revised to change the Date of Expiration to December 30, 2024. The Department and the Grantee shall continue to perform their respective duties during this extension period pursuant to the same terms and conditions provided in the Agreement. 2. Attachment 3-A, Revised Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment 3-13, Second Revised Grant Work Plan, as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 3-A shall hereinafter refer to Attachment 3-13, Second Revised Grant Work Plan. 3. All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistency may appear between the Agreement and this Amendment,the provisions of this Amendment shall control. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 22PLN35,Amendment No. 2,Page 1 of 2 3995 The parties agree to the terms and conditions of this Amendment and have duly authorized their respective representatives to sign it on the dates indicated below. MONROE COUNTY BOARD OF COUNTY FLORIDA DEPARTMENT OF COMMISSIONERS ENVIRONMENTAL PROTECTION By: By: Authorized Representative or Designee Secretary or Designee Roman Gastesi, County Administrator Alex Reed,Director Print Name and Title Print Name and Title Date: Date: List of attachments/exhibits included as part of this Amendment: Specify Type Letter/Number Description Attachment 3-13 Second Revised Grant Work Plan(4 pages) Approved as to form and legal sufficiency: Monroe County Attorney's Office 12-11-2023 f^ DEP Agreement No. 22PLN35,Amendment No.2,Page 2 of 2 3996 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SECOND REVISED GRANT WORK PLAN AGREEMENT NO.22PLN65 ATTACHMENT 3-13 PROJECT TITLE: Monroe County Vulnerability Assessment and Adaptation Action Plan PROJECT LOCATION: The Project is located in the City of Marathon within Monroe County, Florida. PROJECT DESCRIPTION: Monroe County Board of County Commissioners(Grantee)will complete the Monroe County Vulnerability Assessment and Adaptation Action Plan Project(Project)to update the existing Vulnerability Assessment (VA)pursuant to Section 380.093(3)(d), Florida Statutes (F.S.) and develop an Adaptation Plan (AP) for the City of Marathon. TASKS AND DELIVERABLES: Task 1: Kick Off Meeting Description: The Grantee will develop an overall project management plan and address initial actions and then conduct a kick-off meeting for the project. Meeting attendees will discuss the project scope, project goals, schedule, key milestones, and deliverables in order to develop a consistent project approach. The kick-off meeting will be hosted by the Grantee and should identify potential representatives to serve on the project steering committee. Prior to the meeting, the Grantee will prepare the sign-in sheet, draft project schedule,and other meeting materials as necessary. The Grantee will prepare a draft list of representatives to serve on the project steering committee. It is recommended that the committee be limited to no more than 10 representatives to better manage meeting outcomes. Deliverables: The Grantee will provide the following: 1.1: a draft list of steering committee members; 1.2: kick-off meeting minutes, which documents all decisions and agreed upon outcomes of the meeting; and • 1.3: a draft email to potential steering committee members to request their participation on the committee. The email shall include the project purpose,goals, schedule,project meeting dates and locations, and overall desired outcomes. Task 2: Final Vulnerability Assessment Report,Asset Inventory,Exposure and Sensitivity Analysis, and Adaptation Plan Description: The Grantee will research and compile the data needed to perform the VA, based on the requirements as defined in Section 380.093, F.S. Three main categories of data are required to perform a VA: 1)critical and regionally significant asset inventory,2)topographic data,and 3)flood scenario-related data. GIS metadata should incorporate a layer for each of the four asset classes as defined in paragraphs 380.093(2)(a) 1-4,F.S. Sea level rise projection data shall include the 2017 NOAA intermediate-high and intermediate-low projections for 2040 and 2070, at a minimum. Other projections can be used at the Grantees discretion. Storm surge data used must be equal to or exceed the 100-year return period (1% annual chance) flood event. In the process of researching background data,the Grantee shall identify data gaps, where missing data or low-quality information may limit the VA's extent or reduce the accuracy of DEP Agreement No.: 22PLN65 Page 1 of 4 Rev. 6.26.23 3997 the results. The Grantee shall rectify any gaps of necessary data to the extent practicable. The Grantee will perform an exposure analysis to identify the depth of water caused by each sea level rise, storm surge, and/or flood scenario. The water surface depths (i.e. flood scenarios)used to evaluate assets shall include the following data: tidal flooding, current and future storm surge flooding, rainfall-induced flooding, and compound flooding,all as applicable,as well as the scenarios and standards used for the exposure analysis shall be pursuantto s. 380.093,F.S.The Grantee will perform the sensitivity analysis to measure the impact of flooding on assets and to apply the data from the exposure analysis to the inventory of critical assets created through the exposure analysis. The sensitivity analysis should include an evaluation of the impact of flood severity on each asset type and at each flood scenario. The Grantee will finalize the VA report pursuant to the requirements in s. 380.093, F.S. and based upon internal comments and outreach efforts. The final VA must include all results from the exposure and sensitivity analyses, as well as a summary of identified risks. It should contain a list of critical and regionally significant assets that are impacted by flooding and sea-level rise, specifying for each asset the flood scenario(s)impacting the asset.All GIS files and associated metadata must adhere to the Resilient Florida Program's GIS Data Standards (Exhibit I), and raw data sources shall be defined within the associated metadata. The Grantee will also develop an AP that will be incorporated into the VA. The AP will be consistent with the Florida Adaptation Planning Guidebook and includes the following:assessment of adaptive capacities,prioritization of adaptation needs, and identification of adaptation strategies. The Grantee may also include optional subtasks such as identifying adaptation action areas, stakeholder engagement,and integrating the proposed AP into existing APs. The AP will also include a list of prioritized projects for each asset class as defined in subsection 380.093(2),F.S.,for consideration and implementation. Deliverables: The Grantee will provide the following: • 2.1: GIS files with appropriate metadata of the data compiled,to include locations of critical assets owned or maintained by the Grantee as well as regionally significant assets that are classified and as defined in paragraphs 380.093(2)(a) 1-4,F.S.; • 2.2: GIS files with results of the exposure and sensitivity analysis for each flood scenario as well as the appropriate metadata that identifies the methods used to create the flood layers; • 2.3: a final list of critical and regionally significant assets that are impacted by flooding, which must be prioritized by area or immediate need and must identify which flood scenario(s) impacts each asset • 2.4: Final VA Report that provides details on the results and conclusions, including illustrations via maps and tables, based on the statutorily-required scenarios and standards in s. 380.093, F.S. The Final VA Report should also include the following: outline the data compiled and the findings of the gap analysis with recommendations to address the identified data gaps and any actions taken to rectify them,if applicable;provide details on the modeling process,type of models utilized,and resulting tables and maps illustrating flood depths for each flood scenario; and the final AP; and • 2.5: a signed VA Compliance Checklist Certification Task 3: Proiect Administration Description: The Grantee will perform project administration, to include project scope of work determination,planning and development of proposed project(s),design consultant direction and oversight, meetings with design professionals and construction contractor(s) and overall project coordination and supervision. Deliverables: The Grantee will submit project administration and management reports signed by the Grantee's Grant Manager, to include a summary of project administration activities, proposed project scopes of work, and meeting minutes. DEP Agreement No.: 22PLN65 Page 2 of 4 Rev. 6.26.23 3998 PERFORMANCE MEASURES: The Grantee will submit all deliverables for each task to the Department's Grant Manager on or before the Task Due Date listed in the Project Timeline. The Department's Grant Manager will review the deliverable(s) to verify that they meet the specifications in the Grant Work Plan and the task description,to include any work being performed by any subcontractor(s), and will provide written acceptance or denial of the deliverable(s)to the Grantee within thirty(30)calendar days.Tasks may include multiple deliverables to be completed. The Department will accept partial and full deliverables. Incomplete deliverables will not be accepted. A "partial deliverable" is defined as a deliverable consisting of one (1) or more (but not all) subcomponents listed in the deliverable list for a single task, where such subcomponent(s) are delivered to the Department at one hundred percent(100%) completion. A "full deliverable" is defined as a deliverable comprising all subcomponents listed in the deliverable list for a single task,all delivered to the Department at one hundred percent(100%)completion. An"incomplete deliverable"is defined as a deliverable for which one hundred percent(100%) completion has not been achieved for any of the subcomponents listed in the deliverable list for a single task. A task is considered one hundred percent (100%) complete upon the Department's receipt and approval of all deliverable(s)listed within the task and the Department's approval provided by the Deliverable Acceptance Letter. CONSEQUENCES FOR NON-PERFORMANCE: For each task deliverable not received by the Department at one hundred percent (100%) completion and by the specified due date listed in the Agreement's most recent Project Timeline, the Department will reduce the relevant Task Funding Amount(s)paid to Grantee in proportion to the percentage of the deliverable(s)not fully completed and/or submitted to the Department in a timely manner. PAYMENT REQUEST SCHEDULE: Following the Grantee's full or partial completion of a task's deliverable(s) and acceptance by the Department's Grant Manager, the Grantee may submit a payment request for cost reimbursement using the Exhibit C, Payment Request Summary Form. All payment requests must be accompanied by the Deliverable Acceptance Letter;the Exhibit A,Progress Report Form, detailing all progress made in the invoice period; and supporting fiscal documentation including match, if applicable. Interim payments will not be accepted. Upon the Department's receipt of the aforementioned documents and supporting fiscal documentation, the Department's Grant Manager will have ten (10) working days to review and approve or deny the payment request. PROJECT TIMELINE AND BUDGET DETAIL: The tasks must be completed by,and all deliverables received by, the corresponding task due date listed in the table below. Cost-reimbursable grant funding must not exceed the budget amounts indicated below. Requests for any change(s)must be submitted prior to the current task due date listed in the Project Timeline. Requests are to be sent via email to the Department's Grant Manager,with the details of the request and the reason for the request made clear. DEP Agreement No.: 22PLN65 Page 3 of 4 Rev. 6.26.23 3999 Task Budget DEP Match Total Task Start Task Due No. Task Title Category Amount Amount Amount Date Date 1 Kick Off Meeting Contractual $22 100 $0 $22,100 7/1/2021 9/30/2024 Services Final Vulnerability Assessment Report,Asset Contractual 2 Inventory, Exposure and Services $209,900 $0 $209,900 7/1/2021 9/30/2024 Sensitivity Analysis, and Adaptation Plan 3 Project Administration Contractual $g 000 $0 $8,000 7/1/2021 9/30/2024 Services Total: $240,000 1 $0 $2401000 DEP Agreement No.: 22PLN65 Page 4 of 4 Rev. 6.26.23 4000