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HomeMy WebLinkAbout2010-144 PROFESSIONAL SERVICES AGREEMENT BETWEEN $ � - INDIAN RIVER COUNTYU AND TREASURE COAST REGIONAL PLANNING COUNCIL FOR CONTINUITY OF OPERATIONS TABLETOP AND FUNCTIONAL EXERCISES 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 " Council " . The purpose of this Agreement is to provide the basis under which the County and Council agree to cooperate in the conduct of a Workshop/Tabletop Exercise and a Functional Exercise of the Indian River County Continuity of Operations Plan (COOP) . WHEREAS , the Council 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 Council jointly pledge their intention to cooperatively coordinate to complete the technical studies required to plan and conduct the COOP exercises in accordance with state and federal regulations . 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 Council 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 on June 1 , 2010 and shall end on November 30 , 2010 . The Agreement shall be extended without further action if the County Agreement with the Florida Department of Community Affairs (DCA) , Division of Emergency Management (DEM) is extended . The Council shall provide all staff services to the County for the planning and facilitation of the COOP exercises as identified in the Scope of Work (Attachment A) and made part of this Agreement. The Council shall be bound by the Agreement with the County and requirements specified in the DCA/DEM 2008 State Homeland Security Grant Program Grant . 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 Council shall be an amount of $ 30 , 500 . 00 The County will pay compensation at the end the Agreement period based on completion of activities identified in the Scope of Work (Attachment A) . The Council will be paid 100% of the total Agreement amount at the conclusion of the Agreement period . Payment procedures for this Agreement consist of a final invoice initiated by the Council to the County following the submission of all deliverables and completed pertinent activities listed therein within the scheduled timeframe . ARTICLE III INDEPENDENT CONTRACTOR The Council 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 . ARTICLE IV CONTROLLING LAW / LIABILITY This Agreement is to be governed by the laws of the State of Florida. The Council will hold harmless the County against all claims of whatever nature arising out of the Council ' 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 Council 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 Council . In the event of termination, the Council 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 Council 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 Council 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 Council and the County . Indian River County 2 Continuity of Operations Plan Exercises 2010 Except as otherwise authorized in writing by the County, the Council 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 Council , anything to the contrary in this Agreement notwithstanding . ARTICLE VII REPORTING REQUIREMENTS AND REIMBURSEMENTS Final COOP exercise documents shall be submitted to the Indian River County Emergency Management Division 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 Council 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 Council 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 Council shall comply with federal regulations relative to non-discrimination in federally assisted programs . The Council will not discriminate on the grounds of race, color, religion , sex or national origin . Indian River County 3 Continuity of Operations Plan Exercises 2010 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 COUNCIL . INDIAN RIVER COUNTY TREASURE COAST REGIONAL PLANNING COUNCIL BY BYO• Peter D . O ' Bryan, Chairm Michael J . Busha, Executive Director June 8 , 2010 Z-�� f 0 Date " a ° a* feette Q • °a°�Q • , . • • • . 4rz i Approved : R: a . o S ounty lAdministrator ; o ° too 0 of* •o 06 0 Attest : J . K . Barton, Clerk By : G . Approved as to form and legal sufficient. By 4ff f f William . Del3 aal Assistant County Attorney Indian River County 4 Continuity of Operations Plan Exercises 2010 AT' T'ACHMENT A SCOPE OF WORK CONTINUITY OF OPERATIONS The Treasure Coast Regional Planning Council (Council) will provide the following services for Indian River County Emergency Management Division (County) to meet the requirements of the 2008 State Homeland Security Grant Program contract for the Continuity of Operations Plan (COOP) Workshop/Tabletop and Functional Exercises engaging critical and mission essential agencies within Indian River County . This is a Professional Services Agreement between the County and the Council . The intent is for the Council 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 . INTRODUCTION The COOP facilitates county use by functions and processes helping to establish policies and provide guidance to ensure the execution of Indian River County' s mission essential functions from an alternate location in the event of a disaster . The purpose of the Indian River County COOP is to ensure that a viable capability exists to continue mission essential functions across a wide range of potential emergencies through plans and procedures that delineate essential functions and alternate facilities . The comprehensive update and subsequent implementation of the COOP through exercises ensures the execution of County mission essential functions without interruption in the event of short or long term disasters . PURPOSE The purpose of this Agreement is to plan and conduct two exercises guided by the Indian River County COOP to engage County leadership and agency staff of critical agencies that are essential in the conduct of business within the County . The first exercise is the Workshop/Tabletop Exercise and will introduce agency personnel to the COOP procedures and walk each agency progressively through the processes of alert and notification ; relocation and operations ; and reconstitution . The exercise methodology consists of discussion based modules that prompt agencies to test readiness and contemplate feasibility of alternate location requirements that include personnel and equipment . This exercise clarifies the County COOP processes and policies . The second exercise is the Functional Exercise . This format will engage leadership and staff in a realistic scenario of events allowing agencies to implement their respective COOP plans . The exercise will incorporate injection of messages , agency interaction and discussion tools to enable agencies to define strengths and weaknesses within planning and implementation of plans . Both exercises will incorporate the following : • Specific succession to office and emergency delegation of authority • Alert, notification and call - down procedures • Move and Set-up Team Leader responsibilities [ndian River County 5 Continuity of Operations Plan Exercises 2010 ® Alternate locations and operations ® Reconstitution procedures The exercises will encompass the six critical services currently recognized in the COOP : Emergency Services (Emergency Management and Fire Rescue) , the Sheriff' s Office , 911 Communications , Public Works and County Administration departments of the Office of Management and Budget, Finance and Purchasing . The following mechanisms will be used to measure performance and to determine exercise effectiveness : a formal evaluation, an after- action report and an improvement plan (to include lessons learned) , which is designed to uncover identified issues that need improvement with proposed recommendations and corrective actions . Exercises shall be conducted in accordance with the Federal Emergency Management Agency , Homeland Security Exercise and Evaluation Program (HSEEP) . I. WORK PRODUCTS This is a sub - agreement between the County and the Council . The intent is for the Council 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 . The Council shall provide seven (7) printed copies and ten ( 10) digital copies (compact disc or similar) of the COOP to the County 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 Ms . Etta LoPresti Emergency Management Planner Indian River County Emergency Management 4225 43rd Avenue Vero Beach, Florida 32967 (772) 226 - 3856 E-mail : eloprestiaircgrov . 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 ,tcrpc . org Indian River County 6 Continuity of Operations Plan Exercises 2010 III . CONTINUITY OF OPERATIONS WORKSHOP/TABLETOP EXERCISE Task 1 : Conduct preliminary planning meeting • Designate planning team • Define dates for Initial , Midterm and Final planning conferences • Determine objectives , location and time for exercise Task 2 : Conduct Initial Planning Conference Task 3 : Develop Exercise Materials • Develop draft exercise objectives • Exercise invitation letter and agenda • Develop exercise scenario • Design exercise modules 0 Develop power point presentation Task 4 : Conduct Mid -term Planning Conference 0 Review and finalize exercise documents : Scenario , exercise modules and Exercise Plan . Task 5 : Conduct Final Planning Conference • Finalize exercise logistics , agendas , sign - in sheets , supplies 0 Preparation of participant handouts and document packages Task 6 : Facilitate and Conduct Workshop/Tabletop Exercise The exercise will be conducted at the location chosen by the planning team and is as of yet to be determined . Task 7 : Develop Draft After- action Report The Council will prepare a draft After- action Report (AAR) for review by the exercise planning team . It will include discussions and observations from the exercise , as well as participant recommendations . Task 8e Facilitate After- action Conference An After- action conference will be conducted with the planning team to determine useful information that can be utilized in the Functional exercise to build on lessons learned and agency needs . Task 9 : Submit final After-action Report to participating agencies An After- action Report shall be delivered to the participating agencies in Compact Disc and hard copy format . Indian River County 7 Continuity of Operations Plan Exercises 2010 IV. CONTINUITY OF OPERATIONS FUNCTIONAL. EXERCISE Task 1 : Conduct preliminary planning meeting • Designate planning team • Define dates for Initial , Midterm and Final planning conferences • Determine objectives , location and time for exercise Task 2 : Conduct Initial Planning Conference Task 3 : Develop Exercise Materials • Develop draft exercise objectives • Exercise invitation letter and agenda • Develop exercise documents : Scenario , Exercise Plan., Controller/Evaluator Handbook, Situation Manual, Master Scenario Events List and Exercise Evaluation Guides • Develop power point presentation Task 4 : Conduct Mid -term Planning Conference • Finalize exercise documents • Determine exercise logistics Task 5 : Conduct Final Planning Conference • Finalize exercise logistics , agendas , sign-in sheets , supplies • Preparation of participant handouts and document packages • Controller/Evaluator confirmations and document packages Task 6 : Facilitate and Conduct Exercise Task 7 : Develop Draft After-action Report The Council will prepare a draft After- action Report (AAR) for review by the exercise planning team . It will include discussions and observations from the exercise , as well as participant recommendations based upon the Homeland Security Exercise Evaluation Program (HSEEP) guidance . This draft will be submitted within thirty days of the execution of the exercise . Task 8 : Facilitate After- action Conference Once the planning team has reviewed the draft AAR, Council staff will facilitate a meeting with exercise participants , evaluators and the LEPC Exercise Subcommittee to review the draft and gather feedback for inclusion in the final AAR. Task 9 : Submit final AAR The final AAR will be delivered to Indian River County Public Safety within ten ( 10) days of the AAR Conference . The AAR will be delivered in Compact Disc and hard copy format to each of the participating agencies . Indian River County 8 Continuity of Operations Plan Exercises 2010 REPORTING SCHEDULE ATTACHMENT B This is a sub - agreement between the Council and the County . The intent is for the Council 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 . I . REPORTING SCHEDULE — WORKSHOP/TABLETOP EXERCISE A. Draft Exercise Documents : Due June 20 , 2010 1 . Exercise Scenario 2 . Exercise Discussion Modules 3 . Exercise Plan 4 . Agenda and Sign-in sheets B . Final Exercise Documents : Due August 10 , 2010 1 . Exercise Scenario 2 . Exercise Discussion Modules 3 . Exercise Plan 4 . Agenda and Sign-in sheets II . REPORTING SCHEDULE — FUNCTIONAL EXERCISE A. Draft Exercise Documents : Due September 30 , 2010 1 . Exercise Scenario 2 . Exercise Power Point Presentation 3 . Exercise Plan (EXPLAN) 4 . Controller/Evaluator Handbooks (C/E) 5 . Master Scenario Events List (MSEL) 6 . Situation Manual ( SITMAN) 7 . Exercise Evaluation Guides (EEGs) 8 . Agenda and Sign- in sheets B . Final Exercise Documents : Due October 15 , 2010 1 . Exercise Scenario 2 . Exercise Power Point Presentation 3 . Exercise Plan (EXPLAN) 4 . Controller/Evaluator Handbooks (C/E) 5 . Master Scenario Events List (MSEL) 6 . Situation Manual ( SITMAN) 7 . Exercise Evaluation Guides (EEGs) 8 . Agenda and Sign-in sheets Indian River County 9 Continuity of Operations Plan Exercises 2010