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HomeMy WebLinkAbout2009-311 PROFESSIONAL SERVICES AGREEMENT BETWEEN INDIAN RIVER COUNTY AND TREASURE COAST REGIONAL PLANNING COUNCIL FOR CONTINUITY OF OPERATIONS PLAN COMPREHENSIVE UPDATE and ADDITION OF INDIAN RIVER COUNTY ADMINISTRATION ANNEX 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 update and revision of the Indian River County Continuity of Operations Plan (COOP) and the incorporation of County Administration services as an additional critical facility with mission essential functions . 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 update and revise the COOP 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 with the commencement of the initial planning meeting October 20 , 2008 , and shall end on March 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 update and revision of the COOP 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 $25 , 000 . 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 time frame , and a determination by the Indian River County Emergency Management Division that a final updated and revised COOP has been approved and received . 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 . 2 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 . 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 A final revised and updated COOP 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 . 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 COUNCIL : INDIAN RIVER COUNTY TREASURE COAST REGIONAL PLANNING COUNCIL � ' �lJ J BY : BY : Pet :< D;. ' ` BryaiIha rman Michael J . Busha December 1 , 2009 Date Name/Title Approved : ,� tra � I � � L• � 17" Date IwI unty A ministrator Attest : J . K . Barton, Clerk By : rk�t Approved as to form and legal sufficie cy : By f(,r William K - 16eBraff Assistant County Attorney 4 ATTACHMENT 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 update and revision of the Indian River County Continuity of Operations Plan (COOP) , with the integration of County Administration ; Office of Management and Budget, Finance and Purchasing as additional COOP elements . 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. PURPOSE The purpose of this Agreement is to update and revise the existing Indian River County COOP and to incorporate County Administration departments of the Office of Management and Budget, Finance and Purchasing within as a six critical facility . The COOP update will facilitate 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 . These functions include : • Specific succession to office and the emergency delegation of authority • Provision for the safekeeping of vital records and databases • Identification of alternate operating facilities • Validation of capabilities through training and exercises The comprehensive update and subsequent implementation of the COOP ensures the execution of County mission essential functions without interruption in the event of short or long term disasters . The COOP and associated annexes shall be updated using an all -hazards approach which includes localized acts of nature , accidents , and technological and/or terrorist related incidents . To provide for the citizens of Indian River County , COOP planning currently addresses five critical services : Emergency Services (Emergency Management and Fire Rescue) , the Sheriff' s Office , 911 Communications and Public Works . County Administration departments of the Office of Management and Budget, Finance and Purchasing shall be added as the sixth critical service to the existing plan . The Plan shall be updated in accordance with the Continuity of Operations Implementation Guidance , dated September 9 , 2004 , Chapter No . 200243 , Florida Law, the Florida 5 Division of Emergency Management COOP Criteria Checklist and the Department of Homeland Security COOP Guidelines , 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 : eloprestinirc ov . 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 ) 2214060 E-mail : kboerQa tcrpc . org 6 III. CONTINUITY OF OPERATIONS PLAN COMPREHENSIVE UPDATE A) Review of the County Emergency Management Plan (CEMP) , the Standard Operating Procedures ( SOPs) and the Emergency Support Functions operations will be made to identify the current status of interdependency and operation during disaster events within the County . B ) Identification of department and agency representative contacts . Hold no less than three (3 ) ; Initial , Midterm and Final plenary sessions with the identified seven critical services agencies/departments to update existing plan for any additional and updated information . C) Integration of Plans to the existing COOP Plan, review for update of protocols and procedures in the implementation of the COOP . Review of informational materials from applicable Federal , state and local plans . This will include, but is not limited to : National Incidents Management System Plan, the National Response Framework, Regional Domestic Security Task Force Response Plan , and local Standard Operating Procedures and/or Standard Operating Guidelines . D) Update and revision of the existing COOP agency/department plans for each of the five critical services and development of the additional COOP section for County Administration . The update and development of sections of the Indian River County COOP will be guided by the Florida Division of Emergency Management Continuity of Operations Criteria Checklist . Activities in the preparation of this plan include : 1 ) Ensure the County is prepared to respond to and recover from emergencies and disasters through designation of relocation of operations and services to Alternate Relocation Points . 2) Update , develop , and maintain lists of needed prepositioned equipment, space requirements , and orders of succession, personnel call down lists to assure that County critical services are prepared to provide those services in a threatened , diminished , or incapacitated environment . 3 ) Identify information coordination protocols and processes of the County government to ensure uninterrupted communication within the internal organization of the County and externally to all identified critical customers . 4) Define delegations of authority of the County leadership for timely direction, control , and coordination before, during and after an event or upon notification of a credible threat . 5 ) Establish and provide a plan for time-phased activation and demobilization of alternate activities and procedures to provide sufficient operation capabilities relative to the threat or event. E) The following are specific areas to be addressed in the COOP for each of the critical services included in this plan : 1 ) Plans and Procedures 2 ) Mission Essential Functions 3 ) Delegations of Authority 4) Orders of Succession 5 ) Alternate Relocation Point 6) Interoperable Communications 7) Vital Records and Databases 8 ) Logistics and Administration 9) Security, Test, Training and Exercise F) Assist the County in the update of the Concept of Operations for the agency and department COOP plans to : • Maintain a high level of readiness . • Be capable of implementation with or without warning . • Be operational no later than 12 hours after activation . • Maintain sustained operations for up to 30 days . • Take maximum advantage of existing County infrastructures . G) Assist the County in the preparation of COOP plans that assign responsibilities , establish procedures , and focus on the following objectives : • Ensure the safety of personnel and visitors . • Provide for the ability to continue essential operations . • Contain provisions for the protections of critical equipment, records, and other assets . • Maintain efforts to minimize damage and losses . • Provide protocols for response and recovery from any incident . • Serve as a foundation for the continued survival of leadership . • Assure compliance with legal and statutory requirements . H) Submit drafts of COOP Plan Update for each of the six critical services to the County for review in accordance with the Reporting Schedule (Attachment B ) . 8 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 A . Final Draft COOP : Due March 15 , 2009 . 1 . Updated and revised COOP plans for six critical services : • Fire Rescue • Emergency Management • Sheriff s Office • 911 Communications • Public Works • County Administration (Office of Management and Budget, Finance and Purchasing) B . Final updated and revised COOP Plan : Due March 30 , 2009 9