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Item J6 J6 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 October 16, 2024 Agenda Item Number: J6 2023-3129 BULK ITEM: Yes DEPARTMENT: Building and Permitting TIME APPROXIMATE: STAFF CONTACT: Ed Koconis N/A AGENDA ITEM WORDING: Approval of Third Amendment to Contract for FEMA Coastal Risk MAP Development Consulting Services with Woods Hole Group Inc., extending the contract for one year, adding tasks to review FEMAs response to appeal and request for additional information, conduct reanalysis, and submit additional data to substantiate the appeal and to prepare materials and participate in the Scientific Review Panel (if needed), and amending the Contractor personnel and hourly rates thereof. ITEM BACKGROUND: Original contract between Monroe County and Woods Hole Group, Inc. entered into on August 19, 2019 to perform FEMA Coastal Risk MAP Development Consulting Services which consisted of seven tasks, including: Review of Existing Studies; Review of FEMA Work Maps; Review of FEMA Preliminary FIRMS; Review of Preliminary Coastal Study and FIRMS; Individual Property Owner Appeal Review; Appeal Filing and Testimony; and In Person Meetings. On September 18, 2019 the First Amendment to Contract was approved, adding Task 8,preparation and delivery of maps related to the difference between NGVD29 and NAVD88 Datums. On January 20, 2021 the Second Amendment to Contract was approved which added Task 9 related to Hindcast of Hurricane Irma and Update Statistical Water Levels and Task 10 related to Update 500-year Overland Wave Analysis. At this time staff finds it prudent to enter a Third Amendment which would extend the period of the contract for one year from August 24, 2024, while adding Task 11 Review FEMA's response to appeal and request for additional information, conduct reanalysis, and submit additional data to substantiate the appeal and Task 12 to prepare materials and participate in the Scientific Review Panel (if needed)while also amending the Contractor personnel and hourly rates thereof. PREVIOUS RELEVANT BOCC ACTION: August 21, 2019 County and Contractor entered into Contract for FEMA Coastal Risk MAP Development Consulting Services. 4720 September 18, 2019 First Amendment to Contract approved adding task of preparation and delivery of maps related to the difference between NGVD29 and NAVD88 Datums. January 20, 2021 Second Amendment to Contract approved adding tasks related to Hindcast of Hurricane Irma and Update Statistical Water Levels and Update 500-year Overland Wave Analysis. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: Extends contract for first of two one-year terms as approved in the original contract; and adds Task 11: Review FEMA's response to appeal and request for additional information, conduct reanalysis, and submit additional data to substantiate the appeal and Task 12: Prepare materials and participate in the Scientific Review Panel (if needed). STAFF RECOMMENDATION: Approval DOCUMENTATION: Third_A end ent_Woods_Hole_Group_Contract_100224.pdf Affidavit Attesting to Noncoercive Conduct for Labor and Services F.S. 787.06.pdf 2024 10 COI Woods Hole signed 1 1 2025.pdf FOREIGN ENTITIES AFFIDAVIT.pdf FINANCIAL IMPACT: Costs associated with this contract amendment are expected to be funded from Cost Center 50500, Fund 148, Spend Category SC_00036 Other Contractual Services. These costs were not appropriated in the FY25 Budget. 4721 THIRD AMENDMENT TO CONTRACT FOR FEMA Coastal Risk MAP Development Consulting Services THIS THIRD AMENDMENT TO CONTRACT is made and entered into this day of , by MONROE COUNTY ("COUNTY'"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 and THE WOODS HOLE GROUP, INC, ("CONTRACTOR"), whose address is 107 Waterhouse Road„ Bourne, MA 02532 (collectively„ the"Parties"), WITNESSETH: WHEREAS, COUNTY and CONTRACTOR entered into a contract on or about August 21, 2019 for FEMA Coastal Risk MAP Development Consulting Services;and WHEREAS, EXHIBIT A: SCOPE OF SERVICES of the CONTRACT includes ten tasks and the fee schedule; and WHEREAS,the COUNTY and CONTRACTOR contracted an additional task,. Task 8, to deliver maps related to the difference between NGVD+29 and NAVD88 datums for the additional fee amount of$10,500.00 as the FIRST AMENDMENT on or about September 18, 2019;and WHEREAS, the COUNTY and CONTRACTOR contracted two additional tasks, Task 9, to conduct a hindcast of Hurricane Irma using "best winds" data, to update the statistical water levels incorporating Hurricane Irma high-water mark (HWM) comparisons and a recomputed measurement error, and Task 10, to produce an updated 500-year overland wave analysis as required by FEMA as part of an appeal for the additional fee amount of$15,190 (proportionate share to be paid by COUNTY)as the SECOND AMENDMENT on or about January 20, 2021; and WHEREAS, the COUNTY has requested the CONTRACTOR perform two additional tasks, Task 11 Review FEMAps response to appeal.and request for additional information, conduct reanalysis, and submit additional data to substantiate the appeal, and Task 12 Prepare materials and participate in the Scientific Review Parcel(if needed); and WHEREAS, the CONTRACTOR has agreed to perform both Task 11 and Task 12 as described above for the additional fee of not to exceed$48,600 as the THIRD AMENDMENT; NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein, and other good and valuable consideration,the receipt and adequacy of which are hereby acknowledged, the undersigned parties agree as follows- 1. The recitals contained herein are true and correct and incorporated herein by reference. 2. The original CONTRACT and the FIRST AMENDMENT, SECOND AMENDMENT', and THIRD AMENDMENT between the Parties is hereby incorporated as if fully stated herein. 3. Exhibit A: Scope of Services to/of the CONTRACT is hereby amended to add: Task 11: Review FEMA"s response to appeal and request for additional information,. conduct reanalysis, and submit additional data to substantiate the appeal. Page 1 of 4 Contras or i County 4722 Task 12: Prepare materials and participate in the Scientific Review Panel (if needed) Due to the nature of this work,there can be unforeseen delays related to computer model instabilities and computer downtime. CONTRACTOR will give ample notification (minimum of 14 days)if there is any expected delays in planned delivery of work products, A new delivery date will be proposed and approved by COUNTY. All work products and digital model files developed for COUNTY will be delivered to COUNTY and become property of COUNTY. Any future use of the delivered work products and data will require approval from COUNTY. If there is an appeal submission to FEMA,files included with the Appeal Package will be in the public domain. FEE SCHEDULE for Task 11 and Task 12(All Fees are Fixed I Not to Exceed) Task 11 —Review FEMA!s response to appeal and request for additional information, conduct reanalysis, and submit additional data to substantiate the appeal $28,200 Task 12—Prepare materials and participate in the Scientific Review Panel (if needed) $20,400 Total $48,600 Rates for Tasks 11 and 12 are: Matt Shultz $225/hr Leslie Fields $205/hr Alex Shaw $155/hr Grace Medley $135/hr Justine Rooney $135/hr Annie O'Connell $120/hr Section 3, Term of Agreement. The initial contract term was five (5) years beginning August 21, 2019, renewable at the County's option for two(2) additional consecutive one- year terms. This Contract is extend ed/renewed from August 21, 2024 for an additional one-year term. The County,may renew this Contract for one additional consecutive one - year term. Section 8. Notices. All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: Ed Koconis —Administrative Director Monroe County Building Department 2798 Overseas Highway Suite 300 Marathon, FL 33050 For the Contractor. The Woods Hole Group Inc. 107 Waterhouse Rd Bourne, MA 02532 Attn: Leslie Fields Page 2 of 4 Contract/r Zo:� County 4723 Notice is deemed received by CONSULTANTICONTRAC70R when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. Section 36. State of Florida E-Verify, Beginning January 1, 2021, in accordance with Section 448,095, Florida Statutes,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 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 Section 448.095, Florida Statutes. 4. All of the other terms, covenants, conditions, and provisions of the CONTRACT dated August 21, 2019, the FIRST AMENDMENT dated September 18,2019, and the SECOND AMENDMENT dated January 20, 2021„ except those expressly modified and rendered inconsistent by this THIRD AMENDMENT,remain in full force and effect and binding upon the Parties. 5. Each Party agrees that they have authority to sign the THIRD AMENDMENT on behalf of each Party and represents and warrants that such person has the full right and authority to enter into this THIRD AMENDMENT on behalf of such Party and to fully bind such Party, to the terms and obligations of this THIRD AMENDMENT. 6 This THIRD AMENDMENT is binding on the successors and assigns of the Parties. IN WITNESS WHEREOF, the undersigned executed this THIRD AMENDMENT to CONTRACT this day of 120 (SEAL) Attest: KEVJN MADOK, CLERK OF COURT BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor Holly Raschein Page 3 of 4 Contract odLP4 County 4724 THE WOODS HOLE GROUP. INC. Attest: By: c „ WITNESS q�4obert P. mllton, J . Title: 5>�,T�-Title: President By: A - iTN Title: f2umew, !— STATE OF r/ ' la, 1z'L COUNTY OF d`"16 %`, , On this day of W / 2t},4 'before me appeared Robert P. Hamilton, Jr., President of The Woods Hole Croup, Inc.„the p rson whose name is subscribed above, and who produced as identification, or is personally known to me, and acknowledged that he/she is the person who executed the above Ccin ract ar t e purposes therein contained and did take an attestation or oath. **ptkei -r►ifMrw,�rrs ,`q p s ♦ •'" w Notary Public pAyr • Pfint Name My commission expires: � � 6 (�/ J �� �..� Seal ��,y` ,,�o N+3tryHyM MONROE COUNTY ATTORNEY'S OFFICE APPROVED AS TO FORM Kelly ��ry �p yq pgPoailysgrcetl bjK lrytkr�e,n Wr l IM Dug /-g y 4fJ[nd{x.ilY9 Mha+m C ar.1Vn@Ct w. 4.W A 6 Mneolwf ugba,k¢EyRpna'.rcwcn IydLBaw,cw45 CHY YJT4.'6.d1 ldA7G'1.G9'GG7' Kelly Dugan, Assistant County Attorney Page 4 of 4 Contract County 4725 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES Entity/Vendor Name: Woods Hole Group, Inc. Vendor FEIN: 04-3408801 Vendor's Authorized Representative: Robert P. Hamilton, Jr., President (Name and Title) Address: 107 Waterhouse Road City: Bourne State: MA Zip: 02532 Phone Number: 508-540-8080 Email Address: bhamilton@woodsholegroup.com As a nongovernmental entity executing, renewing, or extending a contract with a government entity, Vendor is required to provide an affidavit under penalty of perjury attesting that Vendor does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes. As defined in Section 787.06(2)(a), coercion means: 1. Using or threating to use physical force against any person; 2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or service are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threating to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule II of Section 893.03 to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of Vendor, I certify under penalties of perjury that Vendor does not use coercion for labor or services in accordance with Section 787.06. Additionally, Vendor has reviewed Section 787.06, Florida Statutes, and agrees to abide by same. Certified By: Carine Foulquier , who is authorized to sign on behalf of the above referenced.company. Authorized Signature. / J.7/,,�/ Print Name: Robert P. Hamilton, Jr. Title: President 4726 710/1/2024 E(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED 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 endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Arthur J. Gallagher Risk Management Services, LLC PHONE FAX 300 Madison Avenue A/C No Ext: 212-994-7100 A/c,No):212-994-7047 28th Floor ADDRESS: New York NY 10017 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:XL Specialty Insurance Company 37885 INSURED WOODHOL-05 INSURERB: Federal Insurance Company 20281 Woods Hole Group, Inc. INSURERC: Indian Harbor Insurance Company 36940 107 Waterhouse Road Bourne MA 02532 INSURERD: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:1109179757 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD MM/DD A X COMMERCIAL GENERAL LIABILITY Y UM00044627MA24A 1/1/2024 1/1/2025 EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $50,000 APPROVED BY RISK MANAGEMENT MED EXP(Any one person) $5,000 ..*.�'«�„ PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: DATE GENERALAGGREGATE $2,000,000 POLICY❑ PRO ❑ JECT WAIVER N/A_YES_ LOC PRODUCTS-COMP/OP AGG $2,000,000 X OTHER: $ B AUTOMOBILE LIABILITY Y 73638443 1/1/2024 1/1/2025 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A X UMBRELLALIAB X OCCUR UM00044627MA24A 1/1/2024 1/1/2025 EACH OCCURRENCE $10,000,000 EXCESS LAB CLAIMS-MADE AGGREGATE $10,000,000 DED RETENTION$ $ B WORKERS COMPENSATION 71837639 1/1/2024 1/1/2025 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICE R/M EMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Professional Liability PECO05532505 7/30/2024 7/30/2025 Aggregate Limit $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe county BOCC is additional insured regarding General Liability and Auto Liability where required by written contract subject to policy terms and conditions.Workers Compensation provides coverage for the state of FL. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. Insurance Compliance P.O. Box 100085—FX AUTHORIZED REPRESENTATIVE Duluth GA 30096 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 4727 FOREIGN ENTITIES AFFIDAVIT F.S.287.138 CI (-, r-K k it%° r f the City of 1_aJ�\LACJM according to law on my oath, and under penalty of perjury,depose and say that: a. 1,4 am i'v�e cl c of the firm of jh� Wnn"�­ JjAe 6­v-c4.�p_Lv,' —("Entity"), party to the Third Amendment to FEMA Coastal Risk MAP Development donsulting Services and that I executed the said amendment with full authority to do so; b. In accordance with section 287.138, Florida Statutes,the Entity is not owned by the government of a Foreign Country of Concern, is not organized under the laws of nor has its Principal Place of Business in a Foreign Country of Concern,and the government of a Foreign Country of Concern does not have a Controlling Interest in the entity. C. The Statements 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. (Signature) Date: c STATE OF: Act I COUNTY OF: 'Ie-14w 41,, Subscribed ands orn to(or affirmed) before by means of.El physical presence or E online notarization, on — C (date) bye '' -F,'r k(name of affiant). He/She is personalty known to me or has produced (type of i 6 on i 7ffi�a ii-o-'-n'-)a-'-s-i d-—en.-tI F6 6 t i o n. wH NOTARY PUBLIC TA My Commission Expires: > U6 00 4728