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HomeMy WebLinkAbout2011-085 PROFESSIONAL SERVICES AGREEMENT BETWEEN 3 INDIAN RIVER COUNTYAND a. d — TREASURE COAST REGIONAL PLANNING COUNCIL FOR PHASE I – POST-DISASTER REDEVELOPMENT PLAN DEVELOPMENT This agreement entered. into on the date specified herein by and between Indian River County, Florida, hereinafter referred to as the " County " and the Treasure Coast Regional Planning Council , hereinafter referred to as the " TCRPC " . The purpose of this Agreement is to provide the basis under which the County and the TCRPC agree to cooperate in the development of Phase I of the Indian River County Post-Disaster Redevelopment Plan (PDRP) . WHEREAS , the TCRPC is authorized to provide technical assistance to local governments in the Treasure Coast Region . WHEREAS , it is hereby declared to be in the public interest and the purpose of this Professional Services Agreement that the County and the TCRPC jointly pledge their intention to cooperatively coordinate to complete the technical studies required to develop the PDRP in accordance with state and federal regulations and within the guidelines of best practices developed by the Florida Department of Community Affairs (DCA) and the Florida Division of Emergency Management (DEM) , NOW, THEREFORE , THE PARTIES DO HEREBY AGREE AS FOLLOWS . Specific areas of agreement to coordinate respective activities are as follows : ARTICLE 1 SCOPE OF SERVICES The TCRPC shall furnish the necessary staff, materials , services and facilities (except as otherwise provided herein) and shall do all things necessary for or incident to the performance of work and services set forth in this Agreement and in the Scope of Services attached hereto and incorporated by reference as Attachment A of this Agreement . The Agreement shall begin upon the execution of this Agreement and shall end on April 30 , 2012 . The Agreement shall be extended without further action if the County Agreement with the Florida DCA/DEM is extended . The TCRPC shall provide all staff services to the County for the development of the PDRP as identified in the Scope of Work (Attachment A) and made part of this Agreement . The TCRPC shall be bound by the Agreement with the County and requirements specified in the DCA/DEM Fiscal Year 2009 State Homeland Security Grant Program contract . The Council shall cormnlence and complete the project with all practical dispatch and in accordance with the provisions herein. 1 ARTICLE II COMPENSATION AND METHOD OF PAYMENT Compensation to the TCRPC shall be an amount of $ 42 , 000 . 00 The County will pay compensation to the TCRPC upon receiving an invoice on a quarterly reporting period based on completion of activities identified in the Scope of Work (Attachment A) . Payment procedures for this Agreement consist of a. quarterly invoice initiated by the TCRPC to the County following the submission of deliverables within the scheduled time frame for Phase I of the PDRP . ARTICLE III INDEPENDENT CONTRACTOR The TCRPC shall perform and render such work as an independent contractor and not as an agent, representative or employee of the County . Such work shall be performed in a proper manner, satisfactory to the County and those departments/divisions participating in the development of the PDRP . ARTICLE IV CONTROLLING LAW / LIABILITY This Agreement is to be governed by the laws of the State of Florida. The TCRPC will hold harmless the County against all claims of whatever nature arising out of the TCRPC ' s performance of work under this Agreement with Indian River County to the extent allowed and required by law. The County shall hold harmless the TCRPC against all claims of whatever nature arising out of the performance of work under this Agreement with the County to the extent allowed and required by law. ARTICLE V TERMINATION This Agreement may be terminated for any reason. by either the County or the TCRPC . In the event of termination, the TCRPC shall be paid for services performed to the termination date , on a proportionate basis . Without waiving their rights to terminate this Agreement, the County may delay, withhold or adjust payments under this Agreement ; and the TCRPC may delay or withhold its services in an attempt by each party to give the other party an opportunity to fulfill its obligations or to correct any violation of this Agreement. ARTICLE VI ASSIGNS & THIRD PARTY CONTRACTS The TCRPC and the County each binds itself and its partners , successors , executors , administrators , assigns and legal representative of such party , in respect to all covenants and obligations of this Agreement. Nothing herein shall be construed to give any rights hereunder to anyone other than the TCRPC and the County . 2 Except as otherwise authorized in writing by the County, the TCRPC shall not execute any contract or obligate itself in any other manner with any third party with respect to the project . It is understood and agreed to that no supplemental agreement of any nature may be entered into by the parties hereto with regard to the work to be performed hereunder without the concurrence of the County and the TCRPC , anything to the contrary in this Agreement notwithstanding . ARTICLE VII REPORTING REQUIREMENTS AND REIMBURSEMENTS A final. Phase I PDRP shall be submitted to the Indian River County Emergency Management Division and the Division of Community Planning in accordance with this Agreement and the Reporting Schedule (Attachment B) . ARTICLE VIII ADDITIONAL CONSIDERATIONS It is not the intent of this Agreement to specify all areas that can or should be effectively coordinated . This Agreement will serve as documentation of minimum compliance with the above sections and more generally to serve as a joint pledge of cooperation realizing the mutual benefit to be derived for effectuating a close and realistic working relationship . ARTICLE IX AUDIT AND INSPECTION The TCRPC shall permit the County to inspect all work, payrolls , records , invoices , and other relevant data ; and to audit the books , records and accounts of the TCRPC pertaining to the development of the project . Records of costs incurred under terms of this Agreement shall be maintained and made available upon request . ARTICLE X NONDISCRIMINATION The TCRPC shall comply with federal regulations relative to non-discrimination in federally assisted programs . The TCRPC will not discriminate on the grounds of race , color, religion, sex or national origin . 3 AGREEMENT SIGNATURES AND DATE This agreement and its referenced attachments constitute all the terms and conditions agreed upon by the parties . IN WITNESS WHEREOF , the parties hereto have executed this agreement as of the date written below. FOR THE COUNTY : FOR THE TCRPC . INDIAN RIVER COUNTY TREASURE COAST REGIONAL PLANNING COUNCIL BY : G BY ' Bob Solari , Chairman Mi chael J . Busha Ari l J` I " \ ic A0'Q\ S C'� �C Date Name/Title (�(Z� cK� Approved : _5 + f M w-&\ Date °QOQgbPPbbbgqqq C unty dministrator °°J�g�! COMIIry� 1.0 �o ° °°O .• . °o a n n Q • q q • p o n Attest : J . K . Barton ' Clerk eV�; . a° b T G / . gbVgq 9qq gggptlq By . Approved as to form and legal sufficiency : By HCl County Attorney 4 ATTACHMENT A SCOPE OF WORK PHASE I — POST-DISASTER REDEVELOPMENT PLAN The Treasure Coast Regional Planning Council (TCRPC) will provide the following services for Indian River County (County) to meet the requirements of the Fiscal Year 2009 State Homeland Security Grant Program contract between the County and the Florida Division of Emergency Management for the development of Phase I of the Indian River Post-Disaster Redevelopment Plan (PDRP) . The contract grant period began October 1 , 2009 and shall end on April 30 , 2012 . For purposes of this Agreement between the County and the TCRPC , services shall commence upon execution of this Agreement and shall end on April 30 , 2012 . The PDRP shall be developed in accordance with this scope of services as an attachment to the Professional Services Agreement established between Indian River County and the TCRPC . The Indian River County PDRP shall contain the elements recommended within the publication : Post Disaster Redevelopment Planning, A Guide for Florida Communities (2010 , Florida Department of Community Affairs and Florida Division of Emergency Management) and where applicable shall be used as reference for inclusion of additional elements or tempering of elements determined by the Stakeholder Committee and community input . The PDRP will be written to the "Recommended" or " Advanced " level as per the guidelines mentioned above . This is a Professional Services Agreement between the County and the TCRPC . The intent is for the TCRPC to complete the scope of work required under the original County contract with the State . In all cases where this Agreement is inconsistent with the scope of work with the County/State contract, the County/State contract shall be the controlling contract . PURPOSE The purpose of this Agreement is to develop Phase I of the Indian River County PDRP utilizing FY09 State Homeland Security Grant Program ( SHSGP) funding. The PDRP will facilitate county planning of processes to establish policies and provide guidance to ensure vulnerable communities undertake preparations to enable long-term sustainability through pre - disaster planning and post- disaster implementation . The PDRP process engages local governments in a collaborative effort to create long term recovery and redevelopment strategies in pursuit of a more disaster resilient and sustainable community . Planning and implementation processes and strategies include : • Political and administrative support and leadership , stakeholder involvement and intergovernmental coordination , and public participation . • Assessment of existing institutional capacity for plan implementation and coordination , staffing and regional needs and opportunities . Assessment of PDRP issues and crosswalk to local comprehensive plan, Local Mitigation Strategy , the Comprehensive Emergency Management Plan, housing , economic and debris management plans , long range transportation plans where applicable . 0 Identification of vulnerabilities and impacts to disasters and/or impediments to recovery regarding public infrastructure and facilities , temporary and long-term housing , economic and social issues . • Preparatory actions and initiatives for post- disaster redevelopment . 5 I . WORK PRODUCTS This is a sub- agreement between the County and the TCRPC . The intent is for the TCRPC to complete the Scope of Work required under the original County contract with the State and as determined by the Post Disaster Redevelopment Planning, A Guide for Florida Communities publication . In all cases where this Agreement is inconsistent with the Scope of Work with the County/State Contract, the County/ State contract shall be the controlling Scope of Work. The TCRPC shall provide twenty (20) printed copies and twenty (20 ) digital copies (compact disc or similar) of the completed Phase I elements consistent with the Reporting Schedule in Attachment B . The County will be responsible for contract maintenance and final deliverables submission between the Florida Department of Community Affairs , Division of Emergency Management and the County . II , COOPERATION The following individuals shall be the primary contact persons under this Agreement : Indian River County Mr . John King Emergency Services Director Indian River County 4225 43rd Avenue Vero Beach , Florida 32967 ( 772) 226 - 3856 E -mail : jkin Ja ,ircaov . com Treasure Coast Regional Planning Council Ms . Kathryn E . Boer Emergency Programs Coordinator Treasure Coast Regional Planning Council 421 SW Camden Avenue Stuart, Florida 34994 (772 ) 221 -4060 E-mail : kboer a ,tcrpc . org 6 III , PHASE I — POST - DISASTER REDEVELOPMENT PLAN TASKS This scope of services represents Phase 1 of two phases in the development of the Indian River County PDRP to be undertaken utilizing FY09 State Homeland Security Grant Program (SHSGP) funding. The remainder of the PDRP will be developed under FYI SHSGP funding and shall have a separate scope of services accompanying the Purchase Order Agreement. The intent is to utilize the FY09 SHSGP funding until depleted and then engage Phase H with FYI SHSGP fund resources. This scope of services is an attachment to the Purchase Order Agreement established between the County and the TCRPC for the development of a PDRP . The Indian River County PDRP shall contain the elements recommended within the publication : Post Disaster Redevelopment Planning, A Guide for Florida Communities (2010 , Florida Department of Community Affairs and Florida Division of Emergency Management) and where applicable shall be used as reference for inclusion of additional elements or tempering of elements determined by the Stakeholder Committee and community input . Task 1 — Stakeholder Committee The TCRPC , in consultation with the Indian River County PDRP Coordinator, will form a stakeholder committee to oversee the planning process and will be designed to continue plan implementation after adoption of the PDRP . The community will work with the project coordinator to determine the membership of the committee . Membership will include representatives from the technical areas relevant for Post- Disaster Redevelopment Planning , including representatives with knowledge of: land use issues , infrastructure , housing, economic redevelopment, emergency management, environmental , health and social services , finance and communication (general administration) . The Committee will meet 4 times minimum during the planning process . There will be , at a minimum , one ( 1 ) public workshop and one ( 1 ) stakeholder and Board of County Commissioners presentation workshop in which issue identification is addressed to gain as much input as possible on the issues specific to the community that should be included in the plan . Any additional Committee meetings will focus on gathering input on the draft deliverables of Tasks 3 through 10 . The TCRPC will be responsible for regular communication with the Committee and county PDRP coordinator outside of meetings via email , by phone , and the posting of draft reports on the project website when available . Deliverables : 1 . Committee Roster 2 . Committee meeting agendas , minutes , and sign - in sheets Task 2 — Coordination and Evaluation Coordination between Indian River County Emergency Management Agency , Growth Management, and the Stakeholder Committee is important for the success of this program . The TCRPC , consultants and PDRP Coordinators will be asked to attend at a minimum , 3 coordination meetings to discuss issues and evaluate progress . The PDRP Coordinator will submit a progress report every quarter and participate in progress meetings with the Division on a quarterly basis and as needed . Deliverables : 1 . Evaluation reports from each meeting 2 . Quarterly Progress Reports Task 3 — Local Plan Integration An assessment of the community ' s local plans as they relate to post- disaster redevelopment issues will be conducted , including at a minimum , the local comprehensive plan, the County Comprehensive Emergency Management Plan, and Recovery Standard Operating Procedures , the Local Mitigation Strategy, and economic development plans . Other recommended plans that will be evaluated if available and relevant include , Long-Range Transportation Plans , land development codes , Strategic Regional Policy Plan , Disaster Temporary Housing Plans , Debris Management Plans , Transfer and Development Rights Programs , government, critical facilities and major industry Continuity of Operations Plans , public -private partnership strategies , Long- Term Beach Management Plans , Community Redevelopment Area plans , and other available local plans relative to post- disaster planning . Issues in these plans that are relative to the PDRP will be summarized in a crosswalk or other appropriate method . Recommendations of further integration of post- disaster issues into local plans will be developed and included as part of the action plan described in Task 8 . These issues will be presented to the Stakeholder Committee for review . A draft chapter titled Local Plan Integration will be developed for review and approval . Additionally , a gaps analysis of policies and procedures not existing but necessary for the implementation of the PDRP will also be conducted . Post- disaster redevelopment policies and procedures for development could include criteria and procedures for land acquisition after a disaster, criteria for siting of temporary housing or debris storage , temporary building moratorium ordinance , priority areas for redevelopment, and historic review procedures . Deliverables : 1 . Local Plan Integration Chapter 2 . Recommendations on further integration to be included in the Action Plan 3 . Recommendations on additional necessary policies and procedures to be included in the Action Plan Task 4 — Local Government Capacity Assessment An assessment of the community ' resources available to implement the plan pre- and post- disaster will be conducted . The PDRP Coordinator and Stakeholder Committee will determine the local staffing , private sector assistance and intergovernmental coordination capabilities as they relate to post-disaster redevelopment . The information appropriate for public dissemination will be compiled into the Local Govermnent Capacity Assessment chapter of the plan and the Action Plan chapter . Any sensitive information pertaining to institutional capacity will be compiled in a separate memo to the PDRP Coordinator . The TCRPC will provide assistance to the Coordinator and Committee in developing a gaps analysis for possible revenue and resource shortage scenarios and develop solutions to integrate into the financing strategy developed in Task 7 . Recommendations for solutions to possible resource shortage scenarios will be developed . Deliverables : 1 . Local Government Capacity Assessment Chapter 2 . Non -public Local Government Capacity Assessment memo , if deemed necessary 3 . Recommendations for improving local government capacity 8 Task 5 – Vulnerability Identification Sub -Task 5 . 1 —Vulnerability Subcommittee Creation A subcommittee will be created from the Stakeholder Committee to discuss vulnerabilities within the region . Once sub -task 5 . 2 has been completed the subcommittee can determine the disaster scenarios that will define the comprehensive vulnerability analysis pertaining to potential impacts to infrastructure (public , critical facilities and transportation) , temporary and long-term housing , economic recovery and social demographics within the region . At a minimum the TCRPC will coordinate three ( 3 ) Vulnerability Subcommittee meetings . The Vulnerability Chapter of the PDRP will be reviewed by the subcommittee and the Stakeholder Committee . Deliverables : 1 . Committee Roster 2 . Committee meeting agendas , minutes and sign-in sheets Sub -Task 5 . 2—Community Vulnerability Identification All existing vulnerability analyses , such as those contained in the Local Mitigation Strategy , CEMP , Regional Evacuation Studies , and data analysis in the Local Comprehensive Plan will be synthesized to produce a report discussing known hazard and social vulnerabilities as they relate to the post- disaster redevelopment planning topics . Deliverables : 1 . Vulnerability Identification Chapter Sub-Task 5 .3—Regional Vulnerability Analysis A regional technical vulnerability analysis that identifies vulnerabilities to and impacts from disaster and sea- level rise scenarios to infrastructure (public , critical facilities and transportation) , temporary and long-term housing, economic recovery and social demographics within the region will be developed . The regional vulnerability analysis will be conducted using scenarios that engage storm surge , sea level rise and other natural or man- made disasters as determined by the stakeholder sub-committee . The final county- specific comprehensive vulnerability analyses will include a regional vulnerability analysis to enhance the vulnerability chapter in the PDRP . The regional vulnerability analysis is an aggregate of the region ' s county vulnerability analyses and will provide a regional vision of vulnerability and issues regarding the components listed above . The analyses will be integrated either by narrative or GIS products . In addition , redevelopment scenarios will be addressed through a technical GIS analysis or in a narrative discussion to explain the impact changes in land use could have on the community ' s vulnerability . The community may wish to keep this information general and not identify specific areas on a map due to public reaction or the GIS capabilities of the community may make such a technical analysis very time consuming and not within the budget of this scope . The PDRP Coordinator and the emergency management division will make the determination together as to the degree of vulnerability analysis best suited for the community . Deliverables : 1 . Draft Disaster Scenarios 9 2 . Narrative summaries of impacts on infrastructure and public facilities , health care , private businesses , economic , social and housing per scenario outcomes . 3 . Community- specific recommendations for regional action items to be addressed in either the action or implementation plans referenced in tasks 8 & 9 . 4 . Inventories of vulnerable infrastructure, public facilities , health care , private businesses and housing inventories . 5 . GIS maps depicting location of vulnerable infrastructure , public facilities , health care, private businesses and housing inventories . 6 . Regional Vulnerability Element of the Vulnerability Identification Chapter . 10 REPORTING SCHEDULE ATTACHMENT B This is a sub - agreement between the County and the TCRPC . The intent is for the TCRPC to complete the Scope of Work required under the original County Contract with the State . In all cases where this Agreement is inconsistent with the Scope of Work with the County/ State contract, the County/ State contract shall be the controlling Scope of Work . yl i INN 90 u y 4 1➢ pw d y�i B o l i " i Nllu .� x j , Pld ` • X6i�u � r �� �SniNW a tll d i • 1 y gg io d r l r s Ur d Y u I - d E E n d V¢ �u u Idle r p4 "I., r ax ddl { A V �1N �166wN�°I dr�!![� 'i,° i Idrl4 p, ;3 Edi ' �qy is tl^ d {i n+ ' , d r� j 6 ! fid. n{[ d A•" i Task 1 : Stakeholder Committee June 30 , 2011 • Committee Roster September 30 , 2011 • Committee meeting agendas and minutes December 31 , 201 1 SHSGP Note : This assumes a committee meeting each April 30 , 2012 quarter. Task 2 : Coordination and Evaluation June 30 , 2011 • Quarterly Progress Reports September 30 , 2011 December 31 , 2011 SHSGP April 30 , 2012 Task 3 : Local Plan Integration • Draft Local Plan Integration Chapter September 30 , 2011 • Recommendations on further integration to September 30 , 2011 be included in the Action Plan ( Phase 11) SHSGP • Recommendations on additional necessary September 30 , 2011 policies and procedures to be included in the Action Plan Task 4 : Local Government Capacity Assessment • Institutional Capacity Assessment Chapter December 31 , 2011 SHSGP • Recommendations for improving institutional March 31 , 2012 capacity Task 5 : Vulnerability Identification June 30 , 201 1 HMGP Sub-Task 51 • Vulnerability Subcommittee Creation Sub-Task 5 .2 September 30 , 2011 SHSGP • Vulnerability Identification Chapter Sub-Task 5 .3 December 31 , 2011 HMGP • Regional Vulnerability Analysis FINAL PHASE I Completion March 31 , 2012 NOTE : Task 5 will be developed slightly out of sequence due to the conduct of the Regional Vulnerability Analysis which will be conducted using HMGP funds and the deadline for that grant is December 31 , 2011 . The TCRPC will complete the Vulnerability Chapter for the PDRP using SHSGP funds and integrate and add the Regional Vulnerability Analysis as an appendix to the PDRP . tt