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HomeMy WebLinkAbout2011-086 PROFESSIONAL SERVICES AGREEMENT . BETWEEN INDIAN RIVER COUNTY AND TREASURE COAST REGIONAL PLANNING COUNCIL FOR PHASE II — 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 II 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 , 2013 . The Agreement shall be extended without ftrther action if the County Agreement with the 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 (Attaclnnent 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 2010 State Homeland Security Grant Program contract. The Council shall commence and complete the project with all practical dispatch and in accordance with the provisions herein . ARTICLE II COMPENSATION AND METHOD OF PAYMENT Compensation to the TCRPC shall be an amount of $ 43 ,497 . 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 fraine for Phase II 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 TCR-PC ' 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 II 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 : ` �.Q �� BY : Bob Solari , Chairman Michael J . Busha h r) r ' 1 57-_ D to Name/Title Approved : Date qjC unty A * ministrator aauatlY tltlOoaap COMRryj°°aa, M Attest : J . K . Barton , Clerk '•�� oa : Na a � D a • G e C By : 0b • C , tee oo dp o 940 • • • • . • .0\O�O • e. • • • p G+ O ao R a 444`4�b O � � • y0 O 4ua tlYYtltl atl as Approved as to form and legal sufficiency : By ,44si&4RI-Eounty Attorney 4 ATTACHMENT A SCOPE OF WORK PHASE II — 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 2010 State Homeland Security Grant Program ( SHSGP ) contract between the County and the Florida Division of Emergency Management for the development of Phase II of the Indian River Post-Disaster Redevelopment Plan (PDRP) . The contract grant period began October 1 , 2010 and shall end on April 30 , 2013 . 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 , 2013 . 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 II of the Indian River County PDRP utilizing FY10 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 . 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 and Phase II elements in one final completed document consistent with the Reporting Schedule in Attachment B . The County will be responsible for 5 contract maintenance and final deliverables submission between the Florida Department of Community Affairs , Division of Emergency Management and the County . 11 , 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 : jking�a , iregov . 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 : kboera ,tcrpc . or III , PHASE II— POST-DISASTER REDEVELOPMENT PLAN TASKS This scope of services represents Phase II in the development of the Indian River County PDRP to be undertaken utilizing FYI State Homeland Security Grant Program (SHSGP) funding. The intent is to utilize the FY09 SHSGP funding for Phase 1 until depleted and then engage Phase H with FYI SHSGP fund resources. This scope of services is an attachment to the Professional Services Agreement established between the County and the TCRPC for the development of a Post-Disaster Redevelopment Plan (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 . Parentheses indicate the continuation task numbers from Phase 1 . Task 1 (6)—Outreach and Coordination Strategy Public outreach is vital to the PDRP development process . The TCRPC , County PDRP Coordinator, the Emergency Management Division and Division of Community Planning will coordinate to provide for various means of public notifications of the progress of the PDRP process and development, publish public meeting dates and address public comment . This may include the establishment of a public access webpage housed on the Indian River County website 6 and/or other options available to the County . As noted in Task 1 : Stakeholder Committee ; a minimum of one ( 1 ) public workshop will take place during the development of the PDRP . A strategy for long-term recovery information collection and dissemination will be developed pre- and post a disaster . The strategy will also address regional and state coordination during disaster recovery and public participation in redevelopment decisions . Coordination between the Indian River County Emergency Management Division , Division of Community Planning, and the Stakeholder Committee is important for the success of this program and will be maintained throughout this project . The TCRPC , consultants and PDRP Coordinators will be asked to attend at a minimum 3 coordination meetings to discuss issues and evaluate progress during the PDRP development . Deliverables : 1 . Outreach and. Coordination Chapter Task 2 (7) — Financing Plan The TCRPC with assistance from the Stakeholder Committee will facilitate the development of a plan or strategy that addresses possible funding resources after a disaster . This element of the plan details how local revenues , reserves , and loans , state and federal assistance programs , private sector and non-profit contributions , mutual aid agreements and pre- established recovery contracts will be put into practice following a disaster . This strategy should match the county ' s anticipated needs with necessary funding resources and plan for stipulations of outside resources . A process for management of these additional resources in the aftermath of the disaster should be identified or included in the Action Plan of Task 8 for future development. Deliverables : 1 . Financing Plan/Strategy Chapter Task 3 (8) — Action Plan Based on the findings in the Local Government Capacity Assessment, the Vulnerability Identification and Policies and Procedures sections of the developing PDRP , and integrating and analyzing Committee and public workshop community input ; post-disaster redevelopment goals/objectives and issues specific to the community and consistent with other local plans will be identified . Issues addressed will include at a minimum , but are not limited to ; Land Use , Housing , Economic Redevelopment, Infrastructure and Public Facilities , Health and Social Services and the Environment will be determined and prioritized by the Committee and /or public input . A summary of recommendations on solutions/actions will be developed to address each issue with assistance from the Committee . Working groups may be established for issues that require subject matter experts or stakeholders specific to those issues to better facilitate the Action Plan development. The Action Plan must address responsible parties , timing, and cost considerations and identify actions that can be taken before a disaster to prepare the community from those that should be taken after a disaster as well as differentiate between short-term and long-term actions . Deliverables : 1 . List of post- disaster goals/objectives 2 . Prioritized list of issues with short descriptions 3 . Actions list or matrix 7 J Task 4 (9) — Implementation Plan The PDRP Stakeholder Committee will develop an implementation plan chapter for the PDRP . A recommended process based on conversations with the PDRP Coordinator and members of the Stakeholder Committee that best suits the community ' s institutional organization will be developed . Elements to be included in this chapter will be a milestone schedule for transition including instructions for plan activation and deactivation, a maintenance and update schedule and methodology, as well as , pre-disaster and post- disaster action plan implementation procedures . Elements may include , exercise and training schedule and methodology and development of post-disaster recovery ordinances , interpretation of existing post- disaster policies that may be utilized (refer to crosswalk in Task 3 ) . The Implementation Plan will be presented to the Committee for comments and approval . Once approved , it will be included in the final PDRP . Deliverables : 1 . Post-disaster decision - making organizational chart 2 . Implementation Plan Chapter Task 5 ( 10) — Final Plan The TCRPC will compile the PDRP from the pieces developed in Phase I and 11 and present to the Stakeholder Committee for final review and approval . Edits will be made to the plan based on Committee input and the PDRP Coordinator will be provided with a final digital , editable copy of the plan and any data sets created as well as up to 20 hardcopies of the final plan . GIS shape files , tables joined with the shape files, meta data and ARC Map project files used to create maps and conduct analysis will be provided as part of the finished product . The Indian River County PDRP Coordinator will provide to the Division a final digital , editable copy of the plan and any data sets created as well as 2 hardcopies of the final plan . Note: The Track- Changes editing tool will not be used in the development draft documents during this entire project to avoid software conflicts when imported into the Indian River County software data drives . Deliverables : 1 . Post-Disaster Redevelopment Plan 2 . Final digital copy of Plan in both editable version and PDF 3 . Digital copies of data sets, GIS shapefiles , meta-data and ARC Map files . s 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 . till . , � ' . i �I Continued Task : Stakeholder Committee • Committee Roster June 30 , 2012 September 30 , 2012 • Committee meeting agendas and minutes December 31 , 2012 Note : This assumes a committee meeting each March 30, 2013 quarter. Continued Task: Coordination and Evaluation June 30 , 2012 • Quarterly Progress Reports September 30 , 2012 December 31 , 2012 March 30 , 2013 Task 6 : Outreach and Coordination Strategy June 30 , 2012 • Outreach and Coordination Chapter Task 7 : Financing Strategy September 30 , 2012 • Financing Chapter Task 8 : Action Plan • List of post-disaster goals/objectives • Prioritized list of issues with short December 31 , 2012 descriptions • Actions list or matrix Task 9 : Implementation Plan • Post-disaster decision - making March 31 , 2013 organizational chart • Implementation Plan Chapter Task 10 : Final Plan • Post-Disaster Redevelopment Plan • Final digital copy of Plan in both editable April 30 , 2013 version and PDF • Digital copies of data sets created FINAL PHASE II Completion March 31 , 2013 FINAL PHASE I and PHASE II Plan April 30 , 2013 9