11/18/2014 Agreement fr 1ud _
AMY HEAVILIH CPA
•c.„.......,
CLERK OF CIRCUIT COURT & COMPTROLLER
e aMONROE COUNTY,FLORIDA
DATE: December 8, 2014
TO: Jose Tezanos,
Emergency Management Planner
ATTN: Holly Pfiester
FROM: Lindsey Ballard, D.C.
cy
At the November 18, 2014 Board of County Commissioner's meeting the Board granted approval
and execution of Item F3 Selected consultant, RC Quinn Consulting, Inc., and contract for 2015 Local
Mitigation Strategy Plan Review and Update; grant of authority to Emergency Management director to
sign letter approving subcontract between RC Quinn Consulting, Inc. and URS Corporation.
Enclosed is one (1) duplicate original executed on behalf of Monroe County,for your handling. Please
be sure to return two fully executed duplicate originals as soon as possible. Should you have any
questions,please feel free to contact me.
cc: County Attorney
Finance
Files/
500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fox:305-295-3663
3117 Overseas Highway,Marathon,FL
0 Phone:
-289-6027 Fax:305-289-6025
4 SCANNED 88820 Overseas Highway,Plantation Key,FLL5 33070 Phone::852-7145 Fax:305-852-7146
la/ol/aolt
Emergency Management 1
CONTRACT c�
THI;AGREEMENT ("Agreement"), made and entered into this day of f yolk
20 A.D by and between MONROE COUNTY, FLORIDA, (hereinafter called the "Owner"),
and RCQuinn Consulting, Inc. (hereinafter called the "Contractor").
That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows:
1. THE CONTRACT
The contract between the owner and the Contractor shall consist of this agreement, the
proposal submitted by the Contractor including the County Forms, and any other amendments
hereto executed by the parties hereafter.
2. SCOPE OF WORK
The scope of work shall consist of those services as specified in Attachment A to this
Agreement, and in compliance with 2015 Florida LMS Review Tool Crosswalk as specified in
Attachment B to this Agreement. The update to the 2010 Local Mitigation Strategy described in
Attachments is required by the State of Florida and the Federal Emergency Management
Agency.
3. THE CONTRACT SUM
The total contract price for the work specified in the Scope of Services shall be fifty two
thousand dollars ($52,500.00), inclusive. Payments will be made according to the tasks
outlined on Attachment A, as follows:
• Fifteen thousand dollars($15,000.00)of the contract price shall be paid upon completion of Task
3;
• Fifteen thousand dollars($15,000.00)of the contract price shall be paid upon completion of the
later of Tasks 4(and 4.5, if necessary), cumulatively;
• Ten thousand dollars($10,000.00) shall be paid upon the completion of Task 5; and
• The final twelve thousand five hundred dollars($12,500.00) of the contract price shall be paid
upon completion of Task 6.
The Contractor shall submit to the County an invoice with supporting documentation
acceptable to the Clerk upon completion of each of the above-referenced Tasks.
Acceptability to the Clerk is based on generally accepted accounting principles and such
laws, rules and regulations as may govern the Clerk's disbursal of funds. The Contractor will
submit such invoice according to milestones for services provided during the period. The
invoice will include a record of employee time worked and differentiate time worked at the
rate for the different classification. Upon receipt of the Contractor's invoice in the proper
form as stipulated above and upon acceptance by the Clerk, Monroe County will make
payment in arrears in accordance with the Florida Local Government Prompt Payment Ad,
Section 218.70, Florida Statutes.
4. TERM OF CONTRACT/RENEWAL
This contract shall be effective from November 18, 2014, through December 6, 2015.
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5. HOLD HARMLESS
The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of
County Commissioners from any and all claims for bodily injury (including death), personal
injury, and property damage (including property owned by Monroe County) and any other
losses, damages, and expenses (including attomey's fees) which arise out of, in connection
with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any
tier, occasioned by the negligence, errors, or other wrongful act of omission of the Contractor or
its Subcontractors in any tier, their employees, or agents.
In the event the completion of the project (to include the work of others) is delayed or
suspended as a result of the Contractor's failure to purchase or maintain the required
insurance, the Contractor shall indemnify the County from any and all increased expenses
resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor
is for the indemnification provided for above. The extent of liability is in no way limited to,
reduced, or lessened by the insurance requirements contained elsewhere within this
agreement.
6. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement the Contractor is an independent
contractor and not an employee of the Board of County Commissioners for Monroe County. No
statement contained in this agreement shall be construed so as to find the Contractor or any of
his/her employees, contractors, servants, or agents to be employees of the Board of County
Commissioners for Monroe County.
---- -----
7. ASSURANCE AGAINST DISCRIMINATION
County and Contractor agree that there will be no discrimination against any person, and it is
expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action
on the part of any party, effective the date of the court order. County or Contractor agree to
comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964
(PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2)Title
IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-
1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation
Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107)
which prohibits discrimination on the basis of age; 5)The Drug Abuse Office and Treatment Act
of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6)
The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol
abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss.
690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent
records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities
Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. VI,
prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin,
ancestry, sexual orientation, gender identity or expression, familial status or age;
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and 11) any other nondiscrimination provisions in any Federal or state statutes which may
apply to the parties to, or the subject matter of, this Agreement.
8. ASSIGNMENT/SUBCONTRACT
The Contractor shall not assign or subcontract its obligations under this agreement, except in
writing and with the prior written approval of the Board of County Commissioners for Monroe
County and Contractor, which approval shall be subject to such conditions and provisions as
the Board may deem necessary.
9. COMPLIANCE WITH LAW
The Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to, or
regulating the provisions of the services covered by this agreement. Any violation of said
statutes, ordinances, rules and regulations shall constitute a material breach of this agreement
and shall entitle the Board to terminate this contract immediately upon delivery of written note of
termination to the Contractor. The Contractor shall possess proper licenses to perform work in
accordance with these specifications throughout the term of this contract.
10. INSURANCE
Contractor shall provide documentation of insurance coverage required for those individuals or
firms that perform work for or on behalf of the County, as specified in the Monroe County Risk
Management Policy and Procedures Manual as follows:
A. General Liability Insurance. Coverage shall be maintained throughout the life of the
contract and include, as a minimum:
Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
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The Monroe County Board of County Commissioners, 1100 Simonton Street, Suite 2-205, Key
West, Florida, 33040, shall be named as Additional Insured on all policies issued to satisfy the
above requirements.
B) Vehicle Insurance. Recognizing that the work governed by this contract requires the
use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle
Liability Insurance. Coverage shall be maintained throughout the life of the contract, and
to include, as a minimum, liability coverage for:
• Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$100,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 50,000 per Person
$100,000 per Occurrence
$ 25,000 Property Damage
The Monroe County Board of County Commissioners shall be named as
additional Insured on all policies issued to satisfy the above requirements.
C) Workers Compensation insurance: Prior to the commencement of work governed by
this contract, the Contractor shall obtain Workers' Compensation Insurance with limits
sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with
limits of not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to
transact business in the state of Florida.
11. FUNDING AVAILABILITY
This contract is subject to annual appropriation by the Board of County Commissioners.
12. NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand delivered or
mailed, postage prepaid, to the other party be certified mail, returned receipt requested, to the
following:
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FOR COUNTY:
Irene Toner
Monroe County Emergency Management
490 63RD St. Ocean Ste. 150.
Marathon, FL 33050
FOR CONTRACTOR:
Rebecca C. Quinn
1044tStNE#2
Charlottesville, VA 22902
13. CANCELLATION
A. Either of the parties hereto may cancel this agreement without cause by giving
the other party sixty days written notice of its intention to do so.
B. In the event that the Contractor shall be found to be negligent in any aspect of
completion of the Scope of Work, the County shall have the right to terminate
this agreement after five days written notification to the Contractor.
14. GOVERNING LAWS, VENUE
Agreement shall be governed by and construed in accordance with the laws of the State
of Florida applicable to contracts made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of the Agreement, the County and Contractor agree that
venue will lie in the appropriate court or before the appropriate administrative body in
Monroe County, Florida.
IS. RECORDKEEPING
Contractor shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the Agreement
and for four years following the termination of this Agreement. If an auditor employed by
the County or Clerk determines that monies paid to Contractor pursuant to this
Agreement were spent for purposes not authorized by this Agreement, the Contractor
shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS,
running from the date the monies were paid to Contractor.
The Contractor will:
(a) Keep and maintain public records that ordinarily and necessarily would be required
by the public agency in order to perform the service.
(b) Provide the public with access to public records on the same terms and conditions
that the public agency would provide the records and at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
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(d) Meet all requirements for retaining public records and transfer, at no cost, to the
public agency all public records in possession of the contractor upon termination of the
contract and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored electronically
must be provided to the public agency in a format that is compatible with the information
technology systems of the public agency.
16. SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application
thereof to any circumstance or person) shall be declared invalid or unenforceable to any
extent by a court of competent jurisdiction, the remaining terms, covenants, conditions
and provisions of this Agreement, shall not be affected thereby; and each remaining
term, covenant, condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the
remaining terms, covenants, conditions and provisions of this Agreement would prevent
the accomplishment of the original intent of this Agreement. The County and Contractor
agree to revise the Agreement to replace any stricken provision with a valid provision
that comes as close as possible to the intent of the stricken provision.
17. ATTORNEY'S FEES AND COSTS
The County and Contractor agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or
interpretation of this Agreement, the prevailing party shall be entitled to reasonable
attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award
against the non-prevailing party, and shall include attorneys fees, courts costs,
investigative, and out-of-pocket expenses in appellate proceedings.
18. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and
corporate actions, as required by law.
19. COOPERATION
In the event any administrative or legal proceeding is instituted against either party
relating to the formation, execution, performance, or breach of this Agreement, County
and Contractor agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the
substance of this Agreement or provision of the services under this Agreement. County
and Contractor specifically agree that no party to this Agreement shall be required to
enter into any arbitration proceedings related to this Agreement.
20. NO SOLICITATION/PAYMENT
The County and Contractor warrant that neither has employed nor retained any
company or person, other than a bona fide employee working solely for it, to solicit or
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secure this Agreement and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for it, any
fee, commission, percentage, gift, or other consideration contingent upon or resulting
from the award or making of this Agreement. For the breach or violation of the
provision, the Contractor agrees that the County shall have the right to terminate this
Agreement without liability and, at its discretion, to offset from monies owed, or
otherwise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
21. EXECUTION ON COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by signing any
such counterpart.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day
and date first written above in four(4) originals, each of which shall, without proof or
accounting for the other counterparts, be deemed an original contract.
� e9CE y Heavilin, CLERK BOARD OF COUNTY COMMISSIONERS
fir,V OF MONROE COUNTY, FLORIDA
�� m
putt' Cle yor�
(SEAL)
Attest:
RCQuinnnn Consulting,yrul Inc.
By: }-ey��XJG�itatt-L,
- -- Rebecca C. Quinn, President
MONK E COUNTY ATTOFY
A OV AS PTO
74,
YNTHIA L. ALL
ASSIST T COUNTY ATTO NEY
Date 0.41 ' ,9OI
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ATTACHMENT A
!Scope of Services!
Overview: Monroe County, Local Mitigation Strategy Update
Section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
(42 U.S.C. 5165, as amended by the Disaster Mitigation Assistance Act of 2000),
requires local jurisdictions to develop and adopt hazard mitigation plans to be eligible to
receive certain federal mitigation grant funds. The Act also requires that local mitigation
plans be updated and revised every five years in order to maintain eligibility for grant
funds. Similar requirements are found in Chapter 9G-22, Florida Administrative Code.
Monroe County, Florida, and the incorporated municipalities of the Village of
Islamorada, City of Layton, City of Key Colony Beach, City of Marathon, and the City of
Key West, adopted the Local Mitigation Strategy, 2010 Revision. Based on FEMA's
date of approval, the LMS expires on December 6, 2015. The Florida Division of
Emergency Management (FDEM) is authorized to review LMS updates. Current
procedures require submission of the final draft at least 6 months before the FEMA
deadline—June 6, 2015.
The 2010 LMS was prepared by the LMS Work Group with the help of a
consultant. At present, the LMS Work Group, which meets quarterly, is
composed of county and city representatives, and other interested agencies and
organizations. The 2015 LMS Update is to be prepared in compliance with the
2015 Florida LHMS Crosswalk that incorporates federal and state mitigation
planning requirements along with the current National Flood Insurance Program's
(NFIP) Community Rating System (CRS) Floodplain Management Planning
requirements (Activity 510). As of May, 2014, only Layton and Key Colony
Beach participate in the CRS but FDEM encourages all communities to evaluate
the benefits of participating in the CRS.
Monroe County, acting on behalf of the LMS Work Group, is soliciting contractor support
to facilitate the LMS update process and to ensure the LMS Update is prepared to
satisfy federal and state requirements.
Resources:
(a) Monroe 2010 LMS Update:
hrip://www.monroecounNem.conVindex.aspx?NID=135
(b) FDEM and FEMA planning resources: www.floridadisaster.oro/Mitigation/Local
(c) 2015 Florida LHMS Plan Review TooVCrosswalk
(d) FEMA Local Mitigation Handbook and Plan Guidance
(e) NFIP CRS Coordinator's Manual: www.CRSresources.orq
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Scope of Work:
The 2015 Florida LHMS Crosswalk and FEMA guidance mitigation planning documents
detail the planning process. The following tasks are not intended to identify every
activity that will be performed by the contractor. The Contractor is responsible for
facilitating the planning process and guiding the Work Group members to produce an
LMS update that is approved by FDEM. An important element is to identify changes
between the previously adopted LMS and the update. The LMS Work Group chair will
handle communications to the Work Group, the public, and other stakeholders.
The person or firm selected for this contract will perform the following tasks:
Task 1 —The LMS Update Planning Process
(a) Draft emails, notices, memoranda, and other materials for the LMS Work
Group chair and members.
(b) Discuss by conference call, the planning process with the LMS Work Group to
explain the activity, propose a project schedule, and describe the
expectations for Work Group member participation.
(c) Identify existing resources to be provided by the Work Group members (e.g.,
comprehensive plans).
(d) Maintain documentation of the planning process (e.g., meeting minutes, sign-
in sheets, and methods used to conduct the process and obtain Work Group
and public comments).
Task 2— Hazard Risk and Vulnerability Assessment(HRVA). The County is in
discussion with FDEM regarding the HRVA and expects that FDEM, with County
assistance, will prepare the HRVA. The following is based on the assumption that the
HRVA will be prepared by FDEM. The County Growth Management, GIS, will prepare
figures and analyses at the direction of the Contractor.
(a) Review the HRVA, incorporate results into the LMS update, compare to the
2010HRVA to characterize differences
(b) Determine if the HRVA inventory adequately captures historic and cultural
resources
• (c) Summarize the vulnerability of each hazard and community impacts, per Step
5 of the 2015 FL LHMS Crosswalk
(d) Facilitate obtaining the current Repetitive Loss list from FDEM and
preparation of maps
-- (e)-- Address potential impacts from climate change including sea level rise using
the Southeast Florida Regional Climate Change Compact Analysis of the
Vulnerability of Southeast Florida to Sea Level Rise
Task 3— Capability Assessment& Other Plans (fifteen thousand dollars of
contract price)
(a) Review with each community its capability assessments that describe agency
functions and how hazard are addressed
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(b) Gather information from appropriate county and city staff to identify new or
changes in existing plans, programs, policies, ordinances, or regulations that
pertain to hazard mitigation to include in the updated Capability Assessment
(c) Identify changes in flood insurance studies, flood insurance rate maps,
participation in the CRS program, and ongoing and proposed efforts to reduce
flood losses
(d) Review LMS annual reports
(e) Review State Hazard Mitigation Plan to identify coordinating updates
appropriate for consistency
(f) Draft revisions to pertinent sections of the LMS for review by the pertinent
community and Work Group representatives
Task 4—LMS Work Group Meeting #1 & Mitigation Initiatives/Actions/Projects
(Tasks 4 and 4.5 are cumulatively worth fifteen thousand dollars of contract
price)
(a) Work Group meeting#1: review HRVA and revisions; review Mitigation Goal
Statement; review changes in capability assessment
(b) Review progress on the list of mitigation initiatives through review of LMS
Annual Reports and facilitate Work Group member contributions to update list
of mitigation initiatives
(c) Facilitate a discussion on the proposed LMS update changes
(d) Incorporate revisions in the LMS and circulate for comment
Task 4.5— Repetitive Loss Area Analyses. This subtask will be performed only if
specifically assigned. Communities that participate in the CRS that have 10 or more
properties identified by the NAP as"repetitive loss° properties are required to
prepare "repetitive loss area analyses" in accordance with the FEMA Guidance
(CRS Coordinator's Manual; Mapping Repetitive Flood Losses). The analyses can
be adopted by individual communities as an addendum to the LMS.
Table 5-4a from 2010 LMS identifies the county and four municipalities (all but
Layton) as having more than 10 repetitive loss properties. The CRS identifies
communities that have 10 or more repetitive loss properties as "Category C,° and
requires them to undertake specific actions, including preparation of a floodplain
management plan or repetitive loss area analysis.
(a) Work with Key Colony Beach (with approximately 15 repetitive loss
properties) to prepare a Repetitive Loss Area Analysis that can be used as a
template by the county and other municipalities that elect to prepare such
analyses
(b) Conduct workshop to train staff from all communities to collect data needed
for Repetitive Loss Area Analyses and to review the analysis prepared with
Key Colony Beach, so those communities can undertake their own Repetitive
Loss Area Analyses
Task 5— LMS Work Group Meeting #2 & Draft LMS Revisions (ten thousand
dollars of contract price)
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(a) Work Group meeting #2: review all revisions; summarize substantive
comments; incorporate current LMS projects provided by each jurisdiction into
update; consider new programmatic actions and prioritize; identify potential
projects that could also accrue CRS points; focus on mitigating Severe
Repetitive Loss and Repetitive Loss properties
(b) Complete all of the parts of the Plan Review Tool in final form, ready for
delivery to FDEM as reflected in Attachment B.
(c) Prepare final draft LMS Update
(d) Provide final draft LMS Update in electronic format and six(6) hardcopies for
communities to make for public review and solicit comments
(e) Conduct public meeting, report comments to LMS Work Group and address, if
necessary
Task 6—Final Draft LMS Update, Final LMS Update, and LMS Adoption (twelve
thousand five hundred dollars of contract price)
(a) Prepare final draft LMS Update and Florida LMS Crosswalk for submission to
FDEM (deadline: July 6, 2015)
(b) Incorporate FDEM comments into LMS and provide to Work Group for
concurrence
(c) Prepare final LMS and provide to County and municipal Work Group
members for adoption
(d) Incorporate resolutions of adoption into LMS Update
(e) Deliver all files on CD-ROM for submission to FDEM (deadline: December 6,
2015)
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ATTACHMENT B
FLORIDA 2015 LHMS REVIEW TOOL
v J 13
STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT
LOCAL HAZARD MITIGATION PLAN REVIEW TOOL
INTRODUCTION:
In 2011, FEMA introduced the "Plan Review Tool" as the new preferred method to
review and approve LMS plans.The purpose of FEMA's new Plan Review Tool was to
shorten the length of final plan review documents and to more closely align the
requirements of the review tool with the Code of Federal Regulations. An unintended
consequence of FEMA's Plan Review Tool is that information vital to plan approval can
be easily overlooked. The Plan Review Tool also eliminates the space and requirement
for plan reviewers to justify how each of the requirements are met.
In an effort to mitigate the possibility of skipping the various components of the
requirements, FEMA will still require justification of how each of the elements are met,
the FDEM's Mitigation Planning Unit created its own plan review crosswalk.This
Microsoft Excel Workbook contains a number of Worksheets that are linked together,
each which serves a very important purpose. This Excel Workbook will be used as the
primary tool to review new and updated LMS plans in the State of Florida.
In addition to identifying the elements FEMA will be specifically looking for during plan
reviews,this tool recognizes the 10-step Planning Process outlined under Section 510 of
the Community Rating System (CRS) program. Completing these elements is optional.
The primary purpose for including these 10-steps is to help communities see how closely
the CRS and LMS steps align. By completing these steps and documenting the process,
communities can come closer to obtaining the maximum number of CRS points for
Floodplain Management Planning activities.
Local Hazard Mitigation Plan Review Too is
10/31/2014
14
KEY FOR WORKSHEET TABS AND ELEMENTS:
Required
Recommended/Optional
Auto-populated. Do not attempt to edit.
INSTRUCTIONS:
When a county submits their LMS for approval,they will need to submit this document
with the information populated in a few different places.
STEP 1 -
Complete Columns C,Jurisdiction Name,and Column D, Type of Jurisdiction on the
Jurisdiction Checklist tab.
STEP 2-
Populate the Location in Plan boxes on the FL Crosswalk'14 tab.
WORKSHEETS EXPLAINED:
The FL Crosswalk '14 tab contains the tool used by Florida to develop, update and
review LMS plans.
The FEMA Review Tool tab will be filled out automatically based on the information
entered into the Florida Crosswalk '14 tab.This tab will be printed and submitted to
FEMA with a final copy of the LMS plan.
The Hazard Review Checklist tab contains the tool that will be used by FDEM Plan
Reviewers when evaluating the plan's hazard risk assessment information. This tool can
be-used as an aid when counties are updating/evaluating their LMS plans. Counties are
encouraged to fill it out with the page locations of each requirement, but this step is
optional.
The Project List Template tab is an example of how counties can present their project
list in their LMS. Using this tab as an example will help communities meet many of the
mitigation strategy requirements.A county can fill out this table and include it in their
LMS if they choose, but it is not required. FDEM will not use this tab during the review of
your LMS plan.
The CRS Crosswalk tab has the crosswalk that is used for reviewing Section 510 plan
components of the CRS. It is not required for the counties to fill out for their LMS review
but page numbers will be automatically populated for CRS reviewers if counties fill out
the yellow boxes in the FL Crosswalk'14 tab.
State of Florida Division of Emergency Management April 2014 1 of 1
Local Hazard Mitigation Plan Review Tool 10/31/2014
15
2014 FLORIDA LOCAL MITIGATION STRATEGY(LMS)CROSSWALK
INSTRUCTIONS:
Enter the requested information in each field below. For each requirement, please populate the "Location in Plan"cells.The
National Flood Insurance Program's(NFIP)Community Rating System (CRS) Crosswalk has been integrated into the LMS Crosswalk
to facilitate review of the planning requirements under this program.The CRS requirements can be hidden or shown by clicking the
"+/"on the left hand side of the worksheet depending on whether or not communities choose to participate. If your community
chooses to minimize the CRS requirements in this worksheet,please select the review tab, click on "Unprotect Sheet",click the"-"
next to each CRS requirement, and click"Protect Sheet"to ensure the funtionality of the tool.
Jurisdiction: Title of Plan: Date of Plan:
Local Point of Contact: Address:
Title:
Agency:
Phone Number: E-mail:
State Reviewer: Title: Date:
Date Received by FDEM
Date Plan Not Approved
Date Plan Approved Pending Adoption
Date Plan Approved
FEMA Reviewer: Title: Date:
Date Received in FEMA Region IV
Plan Not Approved
Plan Approvable Pending Adoption
Plan Approved
State of Florida Division of Emergency Management April 2014 1 of 11
Local Hazard Mitigation Plan Review Tool 10/31/2014
16
Location in Plan
Planning Process (section and/or page Met Not Met
number)
Does the LMS document the planning process, including how it was prepared(with aEll
narrative description, meeting minutes,sign-in sheets,or another method)?
Fa Does the LMS list the jurisdiction(s)participating in the plan that are seeking approval?
iiDoes the plan identify who represented each jurisdiction?(At a minimum,it must identify
the jurisdiction represented and the person's position or title and agency within the
jurisdiction.)
a.The office responsible for the community's land use and comprehensive planning is
actively involved in the planning process(4 pts)
cn a b.The planning committee is composed of staff that represent each of the categories
H presented in Step 7(9 pts)
c.The planning process is formally created or recognized by the community's governing
board(2 pts)
Reviewer Comments:
Required Revisions:
•
Planning Process continued... Location in Plan Met Not Met ,
IDoes the LMS document an opportunity for neighboring communities,local,and regional
agencies involved in hazard mitigation activities,agencies that have the authority to regulate
development,as well as other interested parties to be involved in the planning process?
Es Does the plan identify how the stakeholders were invited to participate in the process?
a.The planning process was conducted through a planning committee that has at least
ni
tn a,te half of its members comprised of public or stakeholder representatives,meets a
U in sufficient amount of times,and is open and advertised to the public(60 pts)
b.Public meetings held at the beginning of the planning process(15 pts)
Reviewer Comments:
Required Revisions:
State of Florida Division of Emergency Management April 2014 2 of 11
Local Hazard Mitigation Plan Review Tool 40. 10/31/2014
17
Planning Process continued... Location in Plan Met Not Met
P6. Does the LMS document how the public was involved in the planning process during the
drafting stage?
c.Public meeting held to accept input on the draft plan(15 pts)
w d.Other public information activities to explain the process or encourage input(Up to
30 pts)
Reviewer Comments:
Required Revisions:
Planning Process continued... Location in Plan Met Not Met
P7. Does the LMS describe the review and incorporation of existing plans, studies,reports, and
technical information?
a a.Includes a review of existing studies and plans[REQUIRED] (5 pts)
cc
b.Coordinating with communities and other agencies(Up to 30 pts)
Reviewer Comments:
Required Revisions:
State of Florida Division of Emergency Management April 2014 3 of 11
Local Hazard Mitigation Plan Review Tool 16, 10/31/2014
*10
18
Location in Plan
Hazard Risk and Vulnerability Assessment (section and/or page Met Not Met
number)
Does the Plan include a general description of all natural hazards that can affect each
sii
jurisdiction?
EilDoes the Plan provide rationale for the omission of any natural hazards that are commonly
recognized to affect the jurisdiction(s)in the planning area? --
a-2. Plan includes a description of known flood hazard[REQUIRED] (5 pts)
b.Plan includes assessment of less frequent floods including identifying the hazard,
H
. mapping the affected area,and summarizing the hazard(10 pts)
ce d c.Plan includes assessment of areas likely to flood or get worse in the future based on
' development and climate change or sea level rise(5 pts)
d.The plan describes magnitude,history,and probability of other natural hazards
(5 pts)
Reviewer Comments:
i
Required Revisions:
Hazard Risk and Vulnerability Assessment continued... Location in Plan Met Not Met
iiiDoes the Plan include a description of the location for all natural hazards that can affect ;
each jurisdiction?
111 Step 4 a-1. Plan includes a map of known flood hazards [REQUIRED] (5 pts)
Step 5 d.The assessment describes areas within the floodplain that provide natural
functions(5 pts)
Reviewer Comments:
Required Revisions:
Hazard Risk and Vulnerability Assessment continued... Location in Plan Met Not Met
Does the Plan include a description of the extent for all natural hazards that can affect eachlil
jurisdiction?
Reviewer Comments:
i
Required Revisions:
State of Florida Division of Emergency Management April 2014 4 of 11
Local Hazard Mitigation Plan Review Tool 61, 10/31/2014
- -
Hazard Risk and Vulnerability Assessment continued... Location in Plan Met Not Met
R5. Does the Plan include information on previous occurrences of hazard events for each
jurisdiction?
v ate, a-3. Plan includes a discussion of past floods[REQUIRED] (5 pts)
Reviewer Comments:
Required Revisions:
•
Hazard Risk and Vulnerability Assessment continued... Location in Plan Met Not Met v
R6. Does the Plan include information on the probability of future hazard events for each
jurisdiction?
Reviewer Comments:
Required Revisions:
Hazard Risk and Vulnerability Assessment continued... Location in Plan Met Not Met
R7. Is there a description of each hazard's impacts on each jurisdiction(what happens to
structures,infrastructure,people,environment,etc.)?
a.Summary of the vulnerability to each hazard identified in the hazard assessment and
their community impact[REQUIRED] (2 pts)
b. Description of the impact of the hazards on:(max:25 pts)
(1)Life safety,and procedures for warning and evacuation(5 pts)
(2)Public health including individual hazards from floodwaters/mold(5 pts)
(3)Critical facilities and infrastructure(5 pts)
( v (4)The community's economy,tax base,and major employers(5 pts)
(5)Number and type of affected buildings(5 pts)
c.Review of all damaged buildings/flood insurance claims(5 pts)
e. Includes a description of development, redevelopment,and population trends and a
discussion of what the future brings for development and redevelopment in the
community,the watershed,and natural resource areas(7 pts)
f.Includes a description of the impact of the future flooding conditions described in
Step 4(c)on people,property,and natural floodplain functions(5 pts)
Reviewer Comments:
Required Revisions:
State of Florida Division of Emergency Management April 2014 5 of 1
Local Hazard Mitigation Plan Review Tool 10/31/2014
410
IMF
Hazard Risk and Vulnerability Assessment continued... Location in Plan Met Not Met
R8. Is there a description of each identified hazard's overall vulnerability (structures,systems,
populations or other community assets defined by the community that are identified as
being susceptible to damage and loss from hazard events)for each jurisdiction?
Reviewer Comments:
Required Revisions:
Hazard Risk and Vulnerability Assessment continued... Location in Plan Met Not Met
R9. Does the Plan describe the type(residential,commercial,institutional,etc.) and number of
FEMA repetitive loss properties within each jurisdiction?
If there are one or more repetitive loss properties in the community,the community
,,, must review and update the list of repetitive loss properties,map repetitive loss areas,
cc a, describe the causes of the losses,and send a outreach project to those areas each year.
u
`^ A community with 10 or more repetitive loss properties(a"Category C"community)
must also prepare a plan for addressing its repetitive flood problem.
Reviewer Comments:
Required Revisions:
State of Florida Division of Emergency Management April 2014 6 of 11
Local Hazard Mitigation Plan Review Tool 10/31/2014
21
Location in Plan
Mitigation Strategy (section and/or page Met Not Met
number)
lil
Does the Plan include goals to reduce/avoid long-term vulnerabilities to the identified
hazards?
Reviewer Comments:
Required Revisions:
AIIIIIIIIIIIIIMIN
Mitigation Strategy continued... Location in Plan Met Not Met
illDoes the plan document each jurisdiction's existing authorities,policies,programs and
resources and its ability to expand on and improve these existing policies and programs?
Reviewer Comments:
Required Revisions:
Mitigation Strategy continued... Location in Plan Met Not Met
IIDoes the Plan address whether or not each jurisdiction participates in the National Flood
Insurance Program(NFIP) and how they will continue to comply with NFIP requirements?
Reviewer Comments:
Required Revisions:
State of Florida Division of Emergency Management April 2014 7 of 11
Local Hazard Mitigation Plan Review Tool 10/31/2014
22
'
Mitigation Strategy continued... Location in Plan Met Not Met
fillDoes the Plan identify and analyze a comprehensive range(different alternatives)of specific
mitigation actions and projects to reduce the impacts from hazards?
lilDoes the Plan identify mitigation actions for every hazard posing a threat to each
participating jurisdiction?
Reviewer Comments:
Required Revisions:
State of Florida Division of Emergency Management April 2014 8 of 11
Local Hazard Mitigation Plan Review Toolvir
mir 10/31/2014
23
Mitigation Strategy continued... Location in Plan Met Not Met
56. Do the identified mitigation actions and projects have an emphasis on new and existing
buildings and infrastructure?
57. Does the Plan explain how the mitigation actions and projects will be prioritized(including
cost benefit review)?
58. Does the Plan identify the position,office,department,or agency responsible for
implementing and administering the action/project,potential funding sources and expected
timeframes for completion?
Reviewer Comments:
Required Revisions:
Mitigation Strategy continued... Location in Plan Met Not Met
59. Does the LMS identify the local planning mechanisms where hazard mitigation information
and/or actions may be incorporated?
510. Does the plan describe each community's process to integrate the data,information,and
hazard mitigation goals and actions into other planning mechanisms?
511. The updated plan must explain how the jurisdiction(s)incorporated the mitigation plan,
when appropriate,into other planning mechanisms as a demonstration of progress in local
hazard mitigation efforts.
Reviewer Comments:
Required Revisions:
State of Florida Division of Emergency Management April 2014 9 of 11
Local Hazard Mitigation Plan Review Tool 40 10/31/2014
41.
24
Location in Plan
Plan Evaluation and Maintenance (section and/or page Met Not Met
number)
illWas the plan revised to reflect changes in development? (For plan updates only)
Was the plan revised to reflect progress in local mitigation efforts?(Were projectsral
completed,deleted or deferred and why if they were deleted or deferred?) (For plan updates only)
ilWas the plan revised to reflect changes in priorities since the plan was previously approved? (For plan updates only)
Reviewer Comments:
Required Revisions:
Plan Evaluation and Maintenance continued... Location in Plan Met Not Met
111 Does the plan identify how,when,and by whom the plan will be monitored(how will
implementation be tracked)over time?
NI
Does the plan identify how,when,and by whom the plan will be evaluated(assessing the
effectiveness of the plan at achieving stated purpose and goals)over time? `
IiiDoes the plan identify how,when,and by whom the plan will be updated during the 5-year
cycle? l'
gilIs there discussion of how the community(ies)will continue public participation in the plan
maintenance process? i
Reviewer Comments: I.
i
i
3
Required Revisions:
State of Florida Division of Emergency Management April 2014 10 of 11
Local Hazard Mitigation Plan Review Tool 10/31/2014
6 ivy
25
Location in Plan
Plan Adoption (section and/or page Met Not Met
number)
jDoes the Plan include documentation that the plan has been formally adopted by the
governing body of the jurisdiction requesting approval? •
hiFor multi-jurisdictional plans, has each jurisdiction requesting approval of the plan
documented formal plan adoption? --+
Reviewer Comments:
Required Revisions:
State of Florida Division of Emergency Management April 2014 11 of 11
26
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31
LOCAL MITIGATION PLAN REVIEW TOOL
The Local Mitigation Plan Review Tool demonstrates how the Local Mitigation Plan meets the
regulation in 44 CFR §201.6 and offers States and FEMA Mitigation Planners an opportunity to provide
feedback to the community.
• The Regulation Checklist provides a summary of FEMA's evaluation of whether the Plan has
addressed all requirements.
• The Plan Assessment identifies the plan's strengths as well as documents areas for future
improvement.
• The Multi-jurisdiction Summary Sheet is an optional worksheet that can be used to
document how each jurisdiction met the requirements of the each Element of the Plan
(Planning Process; Hazard Identification and Risk Assessment; Mitigation Strategy; Plan
Review, Evaluation, and Implementation; and Plan Adoption).
The FEMA Mitigation Planner must reference this Local Mitigation Plan Review Guide when completing
the Local Mitigation Plan Review Tool.
Jurisdiction: Title of Plan: Date of Plan:
Local Point of Contact: Address:
Title:
Agency:
Phone Number: E-Mail:
State Reviewer: Title: Date:
Date Received by FDEM
Plan Not Approved
Plan Approvable Pending Adoption
Plan Approved
FEMA Reviewer: Title: Date:
Date Received in FEMA Region IV
------------ Plan Not Approved
Plan Approvable Pending Adoption
Plan Approved
Local Mitigation Plan Review Tool 1 of 7
32
SECTION 1:
REGULATION CHECKLIST
INSTRUCTIONS: The Regulation Checklist must be completed by FEMA. The purpose of the Checklist is
to identify the location of relevant or applicable content in the Plan by
Element/sub-element and to determine if each requirement has been 'Met' or 'Not Met.' The
'Required Revisions' summary at the bottom of each Element must be completed by FEMA to provide
a clear explanation of the revisions that are required for plan approval. Required revisions must be
explained for each plan sub-element that is 'Not Met.' Sub-elements should be referenced in each
summary by using the appropriate numbers (Al, 83, etc.), where applicable. Requirements for each
Element and sub-element are described in detail in this Plan Review Guide in Section 4, Regulation
Checklist.
1. REGULATION CHECKLIST Location in Plan
Regulation (44CFR 201.6 Local Mitigation Plans) (section and/or page number) Met Not Met
ELEMENT A. PLANNING PROCESS
Al. Does the Plan document the planning process, including how it was
prepared and who was involved in the process for each jurisdiction? X
(Requirement §201.6(c)(1))
A2. Does the Plan document an opportunity for neighboring
communities, local and regional agencies involved in hazard mitigation
activities,agencies that have the authority to regulate development as X
well as other interests to be involved in the planning process?
(Requirement§201.6(b)(2))
A3. Does the Plan document how the public was involved in the planning
process during the drafting stage?(Requirement§201.6(b)(1)) X
A4. Does the Plan describe the review and incorporation of existing plans, X
studies, reports,and technical information?(Requirement§201.6(b)(3))
A5. Is there discussion of how the community(ies)will continue public
participation in the plan maintenance process?(Requirement X
§201.6(c)(4)(iii))
A6. Is there a description of the method and schedule for keeping the
plan current(monitoring,evaluating and updating the mitigation plan X
within a 5-year cycle)?(Requirement§201.6(c)(4)(i))
ELEMENT A:REQUIRED REVISIONS
Local Mitigation Plan Review Tool 2 of 7
41110
1. REGULATION CHECKLIST Location in Plan
Regulation (44CFR 201.6 Local Mitigation Plans) (section and/or page number) Met Not Met
ELEMENT B. HAZARD IDENTIFICATION AND RISK ASSESSMENT
B1. Does the Plan include a description of the type, location,and extent
of all natural hazards that can affect each jurisdiction(s)?(Requirement
§201.6(c)(2)(i))
B2. Does the Plan include information on previous occurrences of hazard
events and on the probability of future hazard events for each X
jurisdiction?(Requirement§201.6(c)(2)(i))
B3. Is there a description of each identified hazard's impact on the
community as well as an overall summary of the community's x
vulnerability for each jurisdiction?(Requirement§201.6(c)(2)(ii))
B4. Does the Plan address NFIP insured structures within the jurisdiction
that have been repetitively damaged by floods?(Requirement
§201.6(c)(2)(ii))
ELEMENT B:REQUIRED REVISIONS
ELEMENT C. MITIGATION STRATEGY
C1. Does the plan document each jurisdiction's existing authorities,
policies, programs and resources and its ability to expand on and improve
these existing policies and programs?(Requirement§201.6(c)(3)) X
C2. Does the Plan address each jurisdiction's participation in the NFIP and
continued compliance with NFIP requirements,as appropriate? X
(Requirement§201.6(c)(3)(ii))
C3. Does the Plan include goals to reduce/avoid long-term vulnerabilities
to the identified hazards?(Requirement§201.6(c)(3)(i)) X
C4. Does the Plan identify and analyze a comprehensive range of specific
mitigation actions and projects for each jurisdiction being considered to
reduce the effects of hazards,with emphasis on new and existing X
buildings and infrastructure?(Requirement§201.6(c)(3)(ii))
CS. Does the Plan contain an action plan that describes how the actions
identified will be prioritized (including cost benefit review), implemented,
by jurisdiction?(Requirement ( )( )( )); X
and administered each'urisdiction. Re uirement§201.6 c 3 iv
(Requirement§201.6(c)(3)(iii))
C6. Does the Plan describe a process by which local governments will
integrate the requirements of the mitigation plan into other planning
mechanisms,such as comprehensive or capital improvement plans,when X
appropriate?(Requirement§201.6(c)(4)(ii))
ELEMENT C:REQUIRED REVISIONS
Local Mitigation Plan Review Tool 3 of 7
34
1. REGULATION CHECKLIST Location in Plan
Regulation (44CFR 201.6 Local Mitigation Plans) (section and/or page number) Met Not Met
ELEMENT D. PLAN REVIEW, EVALUATION,AND IMPLEMENTATION (applicable to plan updates onl()
Dl.Was the plan revised to reflect changes in development?
(Requirement§201.6(d)(3)) X
D2.Was the plan revised to reflect progress in local mitigation efforts?
(Requirement§201.6(d)(3)) X
D3.Was the plan revised to reflect changes in priorities?(Requirement
§201.6(d)(3)) X
ELEMENT D:REQUIRED REVISIONS
ELEMENT E. PLAN ADOPTION
El. Does the Plan include documentation that the plan has been formally
adopted by the governing body of the jurisdiction requesting approval? X
(Requirement§201.6(c)(5))
E2. For multi-jurisdictional plans, has each jurisdiction requesting
approval of the plan documented formal plan adoption?(Requirement X
§201.6(c)(5))
ELEMENT E:REQUIRED REVISIONS
ELEMENT F. ADDITIONAL STATE REQUIREMENTS
Fl.
F2.
ELEMENT F: REQUIRED REVISIONS
Local Mitigation Plan Review Tool 4 of 7
4100
J 35
SECTION 2:
PLAN ASSESSMENT
INSTRUCTIONS: The purpose of the Plan Assessment is to offer the local community more
comprehensive feedback to the community on the quality and utility of the plan in a narrative format.
The audience for the Plan Assessment is not only the plan developer/local community planner, but
also elected officials, local departments and agencies, and others involved in implementing the Local
Mitigation Plan.The Plan Assessment must be completed by FEMA. The Assessment is an opportunity
for FEMA to provide feedback and information to the community on: 1) suggested improvements to
the Plan; 2) specific sections in the Plan where the community has gone above and beyond minimum
requirements; 3) recommendations for plan implementation; and 4) ongoing partnership(s) and
information on other FEMA programs, specifically RiskMAP and Hazard Mitigation Assistance
programs. The Plan Assessment is divided into two sections:
1. Plan Strengths and Opportunities for Improvement
2. Resources for Implementing Your Approved Plan
Plan Strengths and Opportunities for Improvement is organized according to the plan Elements listed
in the Regulation Checklist. Each Element includes a series of italicized bulleted items that are
suggested topics for consideration while evaluating plans, but it is not intended to be a comprehensive
list. FEMA Mitigation Planners are not required to answer each bullet item, and should use them as a
guide to paraphrase their own written assessment (2-3 sentences) of each Element.
The Plan Assessment must not reiterate the required revisions from the Regulation Checklist or be
----------- -
regulatory in nature, and should be open-ended and to provide the community with suggestions for
improvements or recommended revisions. The recommended revisions are suggestions for
improvement and are not required to be made for the Plan to meet Federal regulatory requirements.
The italicized text should be deleted once FEMA has added comments regarding strengths of the plan
and potential improvements for future plan revisions. It is recommended that the Plan Assessment be
a short synopsis of the overall strengths and weaknesses of the Plan (no longer than two pages), rather
than a complete recap section by section.
Resources for Implementing Your Approved Plan provides a place for FEMA to offer information, data
sources and general suggestions on the overall plan implementation and maintenance process.
Information on other possible sources of assistance including, but not limited to, existing publications,
grant funding or training opportunities, can be provided. States may add state and local resources, if
---__.--- availatie.
Local Mitigation Plan Review Tool 5 of 7
41111,
J 36
A. Plan Strengths and Opportunities for Improvement
This section provides a discussion of the strengths of the plan document and identifies areas where
these could be improved beyond minimum requirements.
Element A: Planning Process
Strengths:
Opportunities for Improvement:
Element B: Hazard Identification & Risk Assessment
Strengths:
Opportunities for Improvement:
Element C: Mitigation Strategy
Strengths:
Opportunities for Improvement:
Local Mitigation Plan Review Tool 6 of 7
46110
37
Element D: Plan Update, Evaluation, and Implementation (Plan Updates Only)
Strengths:
Opportunities for Improvement:
B. Resources for Implementing Your Approved Plan
Local Mitigation Plan Review Tool 7 of 7
4.0
J 38
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t o m aci ¢ y o $ T a E o N E E E E t N N m N▪ c o an
a
.0 $ o E 3,ociono ` O 41 a c N tT' N o 9 c W N 0 0 0 coi N -as 0 W C a d m
a > o ` 2ca3 co ¢ D « E 0 , Z > m > a p 3 a0 0 a ¢ ¢ O CD to
N�a- Wd WNNVd • JcJ < ° E NdLdz fn Q7 Q ° aE° ad � E ci -o ai .. 0 cc ai a a a ai m O cal a Li Q - a a
LL
C;
US n OSW -
J 40
Emergency Management
ATTACHMENT C: COUNTY FORMS
41
Emergency Management
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
(Company) -�
warrants that he/it has not employed, retained or otherwise had act on his/her behalf
any former County officer or employee in violation of Section 2 of Ordinance No. 010-
1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-
1990. For breach or violation of this provision the County may, in its discretion,
terminate this Agreement without liability and may also, in its discretion, deduct from the
Agreement or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or
employee."
ot;0• 4.0R . qG..
r REc l4 :m
;
(Signature) ▪ �TQc7e
k�;• �.�;=•........ • t -
� II Date: eic ,i4
STATE OF: t1 iVC, I(n(Cn
COUNTY OF: e
Subscribed and sworn to(or affirmed) before me on -tom! 4Oj 4 {- ILI
(date)by Re►Lae� ` ' I yl f ((name of affiant). He/She is personally known
to me or has produced VA D f - (type of identification)as
identification. ,,
NOTARY PUBLIC
My Commission Expires: tI 3l ,
Page ',23
11110 42
Emergency Management
NON-COLLUSION AFFIDAVIT
I, I?.¢IiaCccLCCyuinr-, of the city of Clavlkp} g2)k r VA- according to
law on my oath, and under penalty of perjury, depose and say that
a. lam P('E&tJ 4- of the firm
of {ZC_CZt inn Coln A.A. 2-i-ciy , the bidder
making the Proposal for the project desclibed in the Request for Proposals
for Ith••nrc Cc't ?U/s-LcAS tkpeleL4•z.. and that I executed
the said proposal with full authority to do so;
b. The prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting
competition, as to any matter relating to such prices with any other bidder or
with any competitor;
c. Unless otherwise required by law, the prices which have been quoted in this
bid have not been knowingly disclosed by the bidder and will not knowingly
be disclosed by the bidder prior to bid opening, directly or indirectly, to any
other bidder or to any competitor; and
d. No attempt has been made or will be made by the bidder to induce any
other person, partnership or corporation to submit, or not to submit, a bid for
the purpose of restricting competition; and
e. 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: Sept 2'1-, 2-0 /4-
STATE OF: i rG� l b\l�
COUNTY OF. Yd-�Y2hu Lit {l t
Subscribed and swornl - to(or affirmed)� before me on p n u " � 9aNat)Iy
,((date) by ` t -CcQ ( t.'t.t(/nn ym (name of afriant). He/She is personally known
to me or has produced Y 1 '7)l — (type of identification)as
identification. ."o SAU/y'o '.,-
PUBLIC, . NaI`len C
w? REGrt`g`c�oyt < NOTARY PUBLIC
yk,Yco sS� 2C
% t.% 354,14u ;0 �My Commission Expires: ( '�I I l
Page I 24 y •• .....•
''•.. U✓.ALZN�.%1
•
43
Emergency Management
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statutes Section 287.087 hereby
certifies that:
gifQ ult'nn (efY.SubivlA5 �nc, •
(Name of Business)
1. Publishes a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is
prohibited in the workplace and specifying the actions that will be taken
against employees for violations of such prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the
business' policy of maintaining a drug-free workplace, any available drug
counseling, rehabilitation, and employee assistance programs, and the
penalties that may be imposed upon employees for drug abuse violations.
3. Gives each employee engaged in providing the commodities or contractual
services that are under bid a copy of the statement specified in subsection
(1).
4. In the statement specified in subsection (1), notifies the employees that, as a
condition of working on the commodities or contractual services that are
under bid, the employee will abide by the terms of the statement and will
notify the employer of any conviction of, or plea of guilty or nob contendere
to, any violation of Chapter 893 (Florida Statutes) or of any controlled
substance law of the United States or any state, for a violation occurring in
the workplace no later than five (5) days after such conviction.
5. Imposes a sanction on, or require the satisfactory participation in a drug
abuse assistance or rehabilitation program if such is available in the
employee's community, or any employee who is so convicted.
6. Makes a good faith effort to continue to maintain a drug-free workplace
through implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with
the above requirements.
,..SAUNA"'•
(Signature) : e: er▪ a 6�" `
C J Date: - w; 3• �N i
aci
•
▪ cj-
STATE OF: \d'�tr��9i"Vhlw Oy 3�;3..•j ; `
COUNTY OF: $41,u,Vl-(¢-.1Ie n ,� ...............
..G A...•`
Subscribed and sworn/tom(or affirmed)before me on r 1 I2-I t\-1 (date)by I
( a— f i U C)11 (name of affiant). He/She is personally known to me or
has produced VrMD 1 - (type of id ^
d�entification)as iregtti ification.
NOTARY PUBLIC
My Commission Expires: ,y 7))' I p
Page 125
44
Emergency Management
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit
bids on leases of real property to public entity, may not be awarded or perform work as
a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any
public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO
for a period of 36 months from the date of being placed on the convicted vendor list."
I have read the above and state that neither {fie kinccvLick,.Inn (Respondent's
name) nor any Affiliate has been placed on the convicted vendor list within the last 36
months.
(Signature) ;•'�P,......,•qL'•;
Date: /4..." p`,34are./iFy
o : CQ"fN/c l' i m
t EXa S/Crd i _.i
•. 33 1RcS :
O 1/701ff •
STATE OF: ` 1. fI�U_ t yt l CA' I .'NTH
COUNTY OF. A Ivyell .✓1'E7-f('<:
Subscribed and sworn to(or affirmed) before me on \-err110Q,r &?t ` Ze I Li-
(date)by \d CCG.- ( it.I /l Y1 (name of affiant). He/She is personally known to me or has
produced \I IA 0 (type of identification)as
identification.
a9 Yb/1 caLtr d L —m
NOTARY PUBLIC (y
My Commission Expires. 3 3l b
Page , 26
100
45
Emergency Management
ATTACHMENT D: RC QUINN & URS SUB-AGREEMENT
160 J 46
LETTER AGREEMENT
October 31,2014
RCQuinn Consulting.Inc.
104 4'Street NE 42
Charlottesville,VA 22902-5200
SUBJECT: letter Agreement for Professional Services
Dear Rebecca C.Quinn:
URS Group,Inc.("URS")has agreed to provide services to RCQuinn Consulting(`Client')in connection with Monroe County,
Florida Local Mitigation Strategy Plan Review and Update("Project"),under the teens described below.
The services URS will perform for Client are described in the Prime Project Contract between the Client and Monroe County attached
hereto as Exhibit"A"of this letter.
Payment shall be made to URS as follows:
I. Amount and Method of Compensation: URS will receive$44,100 to be paid by the Client in four payments upon completion of
specific tasks as set forth below in the table and upon approval of the specific interim and final deliverables by the Monroe County
project manager.As required by Monroe County,invoices shall include"a record of employee time worked and[shall]differentiate
time worked at the rate for the different classificationis',"Payment shall be made within 14 days of Client's receipt of payment from
Monroe County.
URS Compensation
by Task Completion
Task 3 $12,400
Task 4&4.5 $12,400
Task 5 $8,800
Task6 $10,500
All services will be performed in accordance with the Terms and Conditions for Professional Services,attached hereto as Exhibit"B"
of this letter.
URS looks forward to working with you on this Project. If the terms of this agreement are acceptable,please sign this letter in the
space provided below and return it to me as soon as possible.
Very truly yours,
URS Corporation
By. bile Lehman.
Title: Vice President
This Agreement is accepted by RCQuinn Consulting,Inc. this
i'r'_ -.day of Oct. _
e
By. _Rebecca C.Quinn
Title: President.
PS-I 30 Leiter Adreem0mt
102009
47
Emergency Management
1
CONTRACT
THIS AGREEMENT ("Agreement"), made and entered into this day of
20 A.D by and between MONROE COUNTY, FLORIDA, (hereinafter called the "Owner"),
and RCQuinn Consulting, Inc. (hereinafter called the "Contractor").
That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows:
1. THE CONTRACT
The contract between the owner and the Contractor shall consist of this agreement, the
proposal submitted by the Contractor including the County Forms, and any other amendments
hereto executed by the parties hereafter.
2. SCOPE OF WORK
The scope of work shall consist of those services as specified in Attachment A to this
Agreement, and in compliance with 2015 Florida LMS Review Tool Crosswalk as specified in
Attachment B to this Agreement. The update to the 2010 Local Mitigation Strategy described in
Attachments is required by the State of Florida and the Federal Emergency Management
Agency.
3. THE CONTRACT SUM
The total contract price for the work specified in the Scope of Services shall be fifty two
thousand dollars ($52,500.00), inclusive. Payments will be made according to the tasks
outlined on Attachment A, as follows:
• Fifteen thousand dollars($15,000.00) of the contract price shall be paid upon completion of Task
3;
• Fifteen thousand dollars($15,000.00) of the contract price shall be paid upon completion of the
later of Tasks 4 (and 4.5. if necessary), cumulatively;
• Ten thousand dollars($10,000.00) shall be paid upon the completion of Task 5; and
• The final twelve thousand five hundred dollars($12,500.00) of the contract price shall be paid
upon completion of Task 6.
The Contractor shall submit to the County an invoice with supporting documentation
acceptable to the Clerk upon completion of each of the above-referenced Tasks.
Acceptability to the Clerk is based on generally accepted accounting principles and such
laws, rules and regulations as may govern the Clerk's disbursal of funds. The Contractor will
submit such invoice according to milestones for services provided during the period. The
invoice will include a record of employee time worked and differentiate time worked at the
rate for the different classification. Upon receipt of the Contractor's invoice in the proper
form as stipulated above and upon acceptance by the Clerk, Monroe County will make
payment in arrears in accordance with the Florida Local Government Prompt Payment Act,
Section 218.70, Florida Statutes.
4. TERM OF CONTRACT/RENEWAL
This contract shall be effective from November 18, 2014, through December 6, 2015.
J 48
Emergency Management
5. HOLD HARMLESS 2
The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of
County Commissioners from any and all claims for bodily injury (including death), personal
injury, and property damage (including property owned by Monroe County) and any other
losses, damages, and expenses (including attorney's fees) which arise out of, in connection
with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any
tier, occasioned by the negligence, errors, or other wrongful act of omission of the Contractor or
its Subcontractors in any tier, their employees, or agents.
In the event the completion of the project (to include the work of others) is delayed or
suspended as a result of the Contractor's failure to purchase or maintain the required
insurance, the Contractor shall indemnify the County from any and all increased expenses
resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor
is for the indemnification provided for above. The extent of liability is in no way limited to,
reduced, or lessened by the insurance requirements contained elsewhere within this
agreement.
6. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement the Contractor is an independent
contractor and not an employee of the Board of County Commissioners for Monroe County. No
statement contained in this agreement shall be construed so as to find the Contractor or any of
his/her employees, contractors, servants, or agents to be employees of the Board of County
Commissioners for Monroe County.
7. ASSURANCE AGAINST DISCRIMINATION
County and Contractor agree that there will be no discrimination against any person, and it is
expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action
on the part of any party, effective the date of the court order. County or Contractor agree to
comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964
(PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title
IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-
1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation
Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107)
which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act
of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6)
The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol
abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss.
690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent
records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities
Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. VI,
prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin,
ancestry, sexual orientation, gender identity or expression, familial status or age;
49
Emergency Management
3
and 11) any other nondiscrimination provisions in any Federal or state statutes which may
apply to the parties to, or the subject matter of, this Agreement.
8. ASSIGNMENT/SUBCONTRACT
The Contractor shall not assign or subcontract its obligations under this agreement, except in
writing and with the prior written approval of the Board of County Commissioners for Monroe
County and Contractor, which approval shall be subject to such conditions and provisions as
the Board may deem necessary.
9. COMPLIANCE WITH LAW
The Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to, or
regulating the provisions of the services covered by this agreement. Any violation of said
statutes, ordinances, rules and regulations shall constitute a material breach of this agreement
and shall entitle the Board to terminate this contract immediately upon delivery of written note of
termination to the Contractor. The Contractor shall possess proper licenses to perform work in
accordance with these specifications throughout the term of this contract.
10. INSURANCE
Contractor shall provide documentation of insurance coverage required for those individuals or
firms that perform work for or on behalf of the County, as specified in the Monroe County Risk
Management Policy and Procedures Manual as follows:
A. General Liability Insurance. Coverage shall be maintained throughout the life of the
contract and include, as a minimum:
- -- • Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
50
Emergency Management
4
The Monroe County Board of County Commissioners, 1100 Simonton Street, Suite 2-205, Key
West, Florida, 33040, shall be named as Additional Insured on all policies issued to satisfy the
above requirements.
B) Vehicle Insurance. Recognizing that the work governed by this contract requires the
use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle
Liability Insurance. Coverage shall be maintained throughout the life of the contract, and
to include, as a minimum, liability coverage for:
• Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$100,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 50,000 per Person
$100,000 per Occurrence
$ 25,000 Property Damage
The Monroe County Board of County Commissioners shall be named as
additional Insured on all policies issued to satisfy the above requirements.
C) Workers Compensation insurance: Prior to the commencement of work governed by
this contract, the Contractor shall obtain Workers' Compensation Insurance with limits
sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with
limits of not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to
transact business in the state of Florida.
It. FUNDING AVAILABILITY
This contract is subject to annual appropriation by the Board of County Commissioners.
12. NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand delivered or
mailed, postage prepaid, to the other party be certified mail, returned receipt requested, to the
following:
51
Emergency Management 5
FOR COUNTY:
Irene Toner
Monroe County Emergency Management
490 63RD St. Ocean Ste. 150.
Marathon, FL 33050
FOR CONTRACTOR:
Rebecca C. Quinn
104 4th St NE #2
Charlottesville, VA 22902
13. CANCELLATION
A. Either of the parties hereto may cancel this agreement without cause by giving
the other party sixty days written notice of its intention to do so.
B. In the event that the Contractor shall be found to be negligent in any aspect of
completion of the Scope of Work, the County shall have the right to terminate
this agreement after five days written notification to the Contractor.
14. GOVERNING LAWS, VENUE
Agreement shall be governed by and construed in accordance with the laws of the State
of Florida applicable to contracts made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of the Agreement, the County and Contractor agree that
venue will lie in the appropriate court or before the appropriate administrative body in
Monroe County, Florida.
IS. RECORDKEEPING
Contractor shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the Agreement
and for four years following the termination of this Agreement. If an auditor employed by
the County or Clerk determines that monies paid to Contractor pursuant to this
Agreement were spent for purposes not authorized by this Agreement, the Contractor
shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS,
running from the date the monies were paid to Contractor.
The Contractor will:
(a) Keep and maintain public records that ordinarily and necessarily would be required
by the public agency in order to perform the service.
(b) Provide the public with access to public records on the same terms and conditions
that the public agency would provide the records and at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
52
Emergency Management 6
(d) Meet all requirements for retaining public records and transfer, at no cost, to the
public agency all public records in possession of the contractor upon termination of the
contract and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored electronically
must be provided to the public agency in a format that is compatible with the information
technology systems of the public agency.
16. SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application
thereof to any circumstance or person) shall be declared invalid or unenforceable to any
extent by a court of competent jurisdiction, the remaining terms, covenants, conditions
and provisions of this Agreement, shall not be affected thereby; and each remaining
term, covenant, condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the
remaining terms, covenants, conditions and provisions of this Agreement would prevent
the accomplishment of the original intent of this Agreement. The County and Contractor
agree to revise the Agreement to replace any stricken provision with a valid provision
that comes as close as possible to the intent of the stricken provision.
17. ATTORNEY'S FEES AND COSTS
The County and Contractor agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or
interpretation of this Agreement, the prevailing party shall be entitled to reasonable
attorneys fees, court costs, investigative, and out-of-pocket expenses, as an award
against the non-prevailing party, and shall include attorneys fees, courts costs,
investigative, and out-of-pocket expenses in appellate proceedings.
18. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and
corporate actions, as required by law.
19. COOPERATION
In the event any administrative or legal proceeding is instituted against either party
relating to the formation, execution, performance, or breach of this Agreement, County
and Contractor agree to participate, to the extent required by the other party, in all
prnraamings, hearings, processes, meetings, and other activities related to the
substance of this Agreement or provision of the services under this Agreement. County
and Contractor specifically agree that no party to this Agreement shall be required to
enter into any arbitration proceedings related to this Agreement.
20. NO SOLICITATION/PAYMENT
The County and Contractor warrant that neither has employed nor retained any
company or person, other than a bona fide employee working solely for it, to solicit or
4 orJ 53
Emergency Management 7
secure this Agreement and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for it, any
fee, commission, percentage, gift, or other consideration contingent upon or resulting
from the award or making of this Agreement. For the breach or violation of the
provision, the Contractor agrees that the County shall have the right to terminate this
Agreement without liability and, at its discretion, to offset from monies owed, or
otherwise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
2I. EXECUTION ON COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by signing any
such counterpart.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day
and date first written above in four(4) originals, each of which shall, without proof or
accounting for the other counterparts, be deemed an original contract.
Attest: Amy Heavilin, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk Mayor
(SEAL)
Attest:
RCQuinn Consulting, Inc.
•
By:
Rebecca C. Quinn, President
410
54
Emergency Management 8
ATTACHMENT A
(Scope of Services)
Overview: Monroe County, Local Mitigation Strategy Update
Section 322 of the Robed T. Stafford Disaster Relief and Emergency Assistance Act,
(42 U.S.C. 5165, as amended by the Disaster Mitigation Assistance Act of 2000),
requires local jurisdictions to develop and adopt hazard mitigation plans to be eligible to
receive certain federal mitigation grant funds. The Act also requires that local mitigation
plans be updated and revised every five years in order to maintain eligibility for grant
funds. Similar requirements are found in Chapter 9G-22, Florida Administrative Code.
Monroe County, Florida, and the incorporated municipalities of the Village of
Islamorada, City of Layton, City of Key Colony Beach, City of Marathon, and the City of
Key West, adopted the Local Mitigation Strategy, 2010 Revision. Based on FEMA's
date of approval, the LMS expires on December 6, 2015. The Florida Division of
Emergency Management (FDEM) is authorized to review LMS updates. Current
procedures require submission of the final draft at least 6 months before the FEMA
deadline—June 6, 2015.
The 2010 LMS was prepared by the LMS Work Group with the help of a
consultant. At present, the LMS Work Group, which meets quarterly, is
composed of county and city representatives, and other interested agencies and
organizations. The 2015 LMS Update is to be prepared in compliance with the
2015 Florida LHMS Crosswalk that incorporates federal and state mitigation
planning requirements along with the current National Flood Insurance Program's
(NFIP) Community Rating System (CRS) Floodplain Management Planning
requirements (Activity 510). As of May, 2014, only Layton and Key Colony
Beach participate in the CRS but FDEM encourages all communities to evaluate
the benefits of participating in the CRS.
Monroe County, acting on behalf of the LMS Work Group, is soliciting contractor support
to facilitate the LMS update process and to ensure the LMS Update is prepared to
satisfy federal and state requirements.
Resources:
(a) Monroe 2010 LMS Update:
httol/www.monroecountvem.com/index.asox?Nla=135
ID=135
(b) FDEM and FEMA planning resources: www.floridadisaster.orq/Mitigation/Local
(c) 2015 Florida LHMS Plan Review Tool/Crosswalk
(d) FEMA Local Mitigation Handbook and Plan Guidance
(e) NFIP CRS Coordinators Manual: www.CRSresources.orq
410 %le 55
Emergency Management
9
Scope of Work:
The 2015 Florida LHMS Crosswalk and FEMA guidance mitigation planning documents
detail the planning process. The following tasks are not intended to identify every
activity that will be performed by the contractor. The Contractor is responsible for
facilitating the planning process and guiding the Work Group members to produce an
LMS update that is approved by FDEM. An important element is to identify changes
between the previously adopted LMS and the update. The LMS Work Group chair will
handle communications to the Work Group, the public, and other stakeholders.
The person or firm selected for this contract will perform the following tasks:
Task 1 —The LMS Update Planning Process
(a) Draft emails, notices, memoranda, and other materials for the LMS Work
Group chair and members.
(b) Discuss by conference call, the planning process with the LMS Work Group to
explain the activity, propose a project schedule, and describe the
expectations for Work Group member participation.
(c) Identify existing resources to be provided by the Work Group members (e.g.,
comprehensive plans).
(d) Maintain documentation of the planning process (e.g., meeting minutes, sign-
in sheets, and methods used to conduct the process and obtain Work Group
and public comments),
Task 2— Hazard Risk and Vulnerability Assessment(HRVA). The County is in
discussion with FDEM regarding the HRVA and expects that FDEM, with County
assistance, will prepare the HRVA. The following is based on the assumption that the
HRVA will be prepared by FDEM. The County Growth Management, GIS, will prepare
figures and analyses at the direction of the Contractor.
(a) Review the HRVA, incorporate results into the LMS update, compare to the
2010HRVA to characterize differences
(b) Determine if the HRVA inventory adequately captures historic and cultural
resources
(c) Summarize the vulnerability of each hazard and community impacts, per Step
5 of the 2015 FL LHMS Crosswalk
(d) Facilitate obtaining the current Repetitive Loss list from FDEM and
preparation of maps
(e) Address potential impacts from climate change including sea level rise using
the Southeast Florida Regional Climate Change Compact Analysis of the
Vulnerability of Southeast Florida to Sea Level Rise
Task 3 — Capability Assessment& Other Plans (fifteen thousand dollars of
contract price)
(a) Review with each community its capability assessments that describe agency
functions and how hazard are addressed
fis
56
Emergency Management i 10
(b) Gather information from appropriate county and city staff to identify new or
changes in existing plans, programs, policies, ordinances, or regulations that
pertain to hazard mitigation to include in the updated Capability Assessment
(c) Identify changes in flood insurance studies, flood insurance rate maps,
participation in the CRS program, and ongoing and proposed efforts to reduce
flood losses
(d) Review LMS annual reports
(e) Review State Hazard Mitigation Plan to identify coordinating updates
appropriate for consistency
(f) Draft revisions to pertinent sections of the LMS for review by the pertinent
community and Work Group representatives
Task 4— LMS Work Group Meeting #1 & Mitigation Initiatives/Actions/Projects
(Tasks 4 and 4.5 are cumulatively worth fifteen thousand dollars of contract
price)
(a) Work Group meeting #1: review HRVA and revisions; review Mitigation Goal
Statement; review changes in capability assessment
(b) Review progress on the list of mitigation initiatives through review of LMS
Annual Reports and facilitate Work Group member contributions to update list
of mitigation initiatives
(c) Facilitate a discussion on the proposed LMS update changes
(d) Incorporate revisions in the LMS and circulate for comment
Task 4.5—Repetitive Loss Area Analyses. This subtask will be performed only if
specifically assigned. Communities that participate in the CRS that have 10 or more
properties identified by the NFIP as "repetitive loss" properties are required to
prepare "repetitive loss area analyses" in accordance with the FEMA Guidance
(CRS Coordinator's Manual; Mapping Repetitive Flood Losses). The analyses can
be adopted by individual communities as an addendum to the LMS.
Table 5-4a from 2010 LMS identities the county and four municipalities (all but
Layton) as having more than 10 repetitive loss properties. The CRS identifies
communities that have 10 or more repetitive loss properties as "Category C,"and
requires them to undertake specific actions, including preparation of a floodplain
management plan or repetitive loss area analysis.
(a) Work with Key Colony Beach (with approximately 15 repetitive loss
properties) to prepare a Repetitive Loss Area Analysis that can be used as a
template by the county and other municipalities that elect to prepare such
analyses
(b) Conduct workshop to train staff from all communities to collect data needed
for Repetitive Loss Area Analyses and to review the analysis prepared with
Key Colony Beach, so those communities can undertake their own Repetitive
Loss Area Analyses
Task 5— LMS Work Group Meeting #2 & Draft LMS Revisions (ten thousand
dollars of contract price)
J 57
Emergency Management
1l
(a) Work Group meeting#2: review all revisions; summarize substantive
comments; incorporate current LMS projects provided by each jurisdiction into
update; consider new programmatic actions and prioritize; identify potential
projects that could also accrue CRS points; focus on mitigating Severe
Repetitive Loss and Repetitive Loss properties
(b) Complete all of the parts of the Plan Review Tool in final form, ready for
delivery to FDEM as reflected in Attachment B.
(c) Prepare final draft LMS Update
(d) Provide final draft LMS Update in electronic format and six (6) hardcopies for
communities to make for public review and solicit comments
(e) Conduct public meeting, report comments to LMS Work Group and address, if
necessary
Task 6 — Final Draft LMS Update, Final LMS Update, and LMS Adoption (twelve
thousand five hundred dollars of contract price)
(a) Prepare final draft LMS Update and Florida LMS Crosswalk for submission to
FDEM (deadline: July 6, 2015)
(b) Incorporate FDEM comments into LMS and provide to Work Group for
concurrence
(c) Prepare final LMS and provide to County and municipal Work Group
members for adoption
(d) Incorporate resolutions of adoption into LMS Update
(e) Deliver all files on CD-ROM for submission to FDEM (deadline: December 6,
2015)
fro4 58
URS
URS Corporation
Terms and Conditions for Professional Services (Non-Environmental)
I. DEFINITIONS This Agreement a to be governed by the law of the state where URS'
'Client"shall mean the person,firm.or corporation identified in the URS Services are performed
Proposal for whom Services are to be performed.
-URS'shall mean URS Group,Inc..a Delaware corporation. 1. OWNER RESPONSIBILITIES
"Client Order shall mean the purchase order.request,authorization or Without limiting any express or implied obligations of Client under
other notification,and any a0dition or modification thereto.whereby Client applicable law,Client shall:(1)provide URS,in writing.all information
indicates its desire that URS fumish Services. relating to Clients requirements for the project:(2)correctly identity to URS
"URS Proposal"shall mean the letter.proposal.quotation,or other the location of subsurface structures.such as pipes,tanks,cables,and
notification.including any response to the Client Order,wherein URS offers utilities;(3)notify URS of any potential hazardous substances or other
to furnish Services health and safety hazard or condition known to Client existing on or near
'Services"shall mean the Services of URS personnel described in the URS the project site;(4)give URS prompt written notice of any suspected
Proposal or Client Order and any other Services as may be added to or deficiency in the Services:(5)with reasonable promptness,provide
performed in connection with this Agreement required approvals and decisions:and(6)furnish or cause to be furnished
'Agreement"shall mean these Terms and Conditions and the URS to URS full.urvesthcted and legal access to and use of.the site and all
Proposal.and shall include only to the extent consistent with the URS necessary rights of way and easements,in order to perform the Services.
Proposal and these Terms and Conditions the provisions of the Client Client agrees to bear kill responsibility for the accuracy and completeness
Order In the event of a conflict between any terms and conditions deemed of all documents,information.or services supplied by Client. Client
to be part of the Agreement and these Terms and Conditions these Terms acknowledges that opinions relating to environmental geologic.and
and Conditions shall govern geotechnical conditions are based on limited data and that actual conditions
may vary from those encountered at the times and locations where the data
2. STANDARD OF PERFORMANCE are obtaine0.despite the use of due professional care.
The standard of care for all professional engineering consulting and
related Services performed or furnished by URS and its employees under 8. SUCCESSORS AND ASSIGNS
this Agreement will be the care and skill ordinarily used by members of Client and URS,respectively.bind themselves their partners,successors.
URS's profession practicing under the same or similar circumstances at assigns,and legal representatives to the covenants of this Agreement.
the same time and in the same locality. URS makes no w`aranties. Neither Client nor URS will assign.sublet.or transfer any interest in this
express or implied,in connection with the Services including any Agreement or claims arising therefrom without the written consent of the
warranties of merchantability or fitness for a particular purpose. other.
3. INSURANCE 9. DOCUMENTS AND INTELLECTUAL PROPERTY
URS agrees to procure and maintain.at its expense,Workers' All documents.including all reports.drawings.specifications.computer
Compensation insurance as required by statute:Employers Liability of software or other items prepared or furnished by URS pursuant to this
$1,000.000;Automobile Liability insurance of$1.000,000 combined single Agreement.are instruments of service with respect to the project. URS
line for bodily injury and property damage covering all vehicles.including retains ownership of all such documents. Client may retain copies of the
hired vehicles.owned and non-owned vehicles,Commercial General documents for its information and reference in connection with the project.
Liability insurance of$1.000.000 combined single limit for personal injury however,none of the documents are intended or represented to be suitable
and property damage:and Professional Liability insurance of$1,000.000 for reuse by Client or others on extensions of the project or on any other
per claim for protection against claims arising out of the performance of project My reuse without written verification or adaptation by URS for the
.or specific purpose intended will be at Client's sole risk and without liability or
Services under this Agreement caused by negligent acts.errors
omissions for which URS is legally liable. Upon request.Client shall be legal exposure to URS.and Client will defend,indemnify and hold harmless
made an additional insured on Commercial General and Automobile URS from all dams.damages,losses and expenses,including attorneys
Liability insurance policies and certificates of insurance will be furnished to fees.arising or resulting therefrom. Any such verification or adaptation will
the Client entitle URS to further compensation at rates to be agreed upon by Client
and URS
4. OPINIONS OF PROBABLE COST(COST ESTIMATES) 10.TERMINATION OF AGREEMENT
Any opinions of probable material or equipment cost.or probable Client or URS.after having afforded the other party a reasonable
consWction cost.provided by URS.are made on the basis of information opportunity to cure,may terminate the Agreement,in whole or in part,by
available to URS.and represents its judgment as an experienced and
giving seven(7)days written notice,if the other party substantially fails to
qualified professional engineer. However.since URS has no control over
fulfill its obligations under the Agreement through no fault the cost of labor.materials.equipment or services furnished by others.or faultof the terminating
over competitive bidding or market conditions.URS does not guarantee party. Where the method of payment isl"lump sum.'or cost
that proposals.bids or actual equipment.materials,or construction cost will reimbursement.swiththe final up to willhinclude all Services and expensesAn
not vary from opinions of probable cost URS prepares. equitable
associated with the project up to the ode top date of termination. An
equitable adjustment shall also be made provide for cancellation charges
S. CONSTRUCTION PROCEDURES and other termination settlement costs URS incurs as a result of
UPS'observation or monitoring portions of the work performed under commit p that had become firm before termination.and for a
construction contracts shall not relieve the contractor from its responsibility reasonable profit for Services perfor
for performing work in accordance with applicable contract documents 11, SEVERABILITY
URS shall not control or have charge of,and shall not be responsible for. If anyprovision of this construction means.methods.techniques.sequences,procedures of Agreement is held invalid or unenforceable,the
construction health or safety programs or precautions connected with the remaining provisions shall be valid and binding upon the parties.One or
more waivers by either party of any provision,term or condition shall not
work.and shall not manage,supervise.control or have charge of
construction. URS shall not be responsible for the acts or omissions of thesamepro by the other party as a waiver of any subsequent breath of
theb construed
contractor or other parties on the project. provision.term or condition.
S. CONTROLLING LAW 12. INVOICES
PS-131 Terms 8 Conditions for Professional Services 1 (10/200g)
(Non-environmental)
410 J 59
URS will submit invoices as specified in"1.Amount and Method of SHUTDOWN OR NON-OPERATION, INCREASED COST OF
Compensation in the Letter Agreement for Services rendered and Client CONSTRUCTION,COST OF CAPITAL.COST OF REPLACEMENT
will make prompt payments in response to URS'invoices POWER OR CUSTOMER CLAIMS,AND URS HEREBY RELEASES
URS will retain receipts for reimbursable expenses in CLIENT AND CLIENT HEREBY RELEASES URS FROM ANY SUCH
general accordance LIABILITY.
with Internal Revenue Service rules pertaining to the support of
expenditures for income tax purposes.Receipts will be available for 17. LIMITATION OF LIABILITY
inspection by Client's auditors upon request. TO THE FULLEST EXTENT PERMITTED BY LAW.THE TOTAL
If Client disputes any items in URS invoice for any reason,including the LIABILITY OF URS,ITS SUBCONSULTANTS,AND ITS EMPLOYEES
lack of supporting documentation Client may temporarily delete the PE CLIENT FOR ANY LOSS OR DAMAGE ARISINGISAGREEMENT,
OUT NT THE
disputed item but shall pay all undisputed Hems appearing in the invoice. PERFORMANCE OF SERVICES ON,LOSS THIS DAMAGE
EAR,
Client will promptly notify URS of the dispute and request clarification FROINCLM NEG,WITHOUTRIEACH OF CONTRACT,
OR BREACARISING
and/or correction After any dispute has been settled URS will include the FROM NEGLIGENCE,BREACH OTHER THEORY BREACH OF
disputed item on a subsequent,regularly-scheduled invoice or on a special SHALLWARRANTY,TEXCEED
THE AMOR OUNT
OTHER TOTLCHARGESOF FOR,
invoice for the disputed item only. SHALL NOT EXCEED AMOUNT OF THE TOTAL FOR
SERVICES PERFORMED UNDER THIS AGREEMENT,AND CLIENT
Client recognizes that late payment of Invoices results in extra expenses HEREBY RELEASES URS,ITS SUBCON VE SUCTS,AND ITS
for URS. URS retains the right to assess Client interest at the rate of one EMPLOYEES FROM ANY LIABILITY ABOVE SUCH AMOUNT.
percent(1%)per month,but not to exceed the maximum rate allowed by 18. LITIGATION SUPPORT
law,on invoices which are not paid within thirty(30)days from the date of
the invoice. In the event undisputed portions of URS'invoices are not paid In the event URS is requiredprocess to respond the a subpoena,government
when due,URS also reserves the right to suspend the performance of Hs inquiry or other legalresorrelateddi towhich ichr i o a parori Cite a
t
Services under this Agreement until all past due amounts have been paid legal ormburse URS r aro noble c s si URS isinot a pomp Client
in kill. shall reimburse URS for reasonable costs in lime and compensate
URS at its then standard rates for reasonable lime incurred in gathering
U. CHANGES information and documents and attending depositions.hearings.and trial.
The parties agree that no change or modification to this Agreement.or any
attachments hereto,shall have any force or effect unless the change is 19. NO THIRD PARTY BENEFICIARIES
reduced to writing dated.and made pad of this Agreement. The This Agreement shall not create any rights or benefits to parties other than
execution of the change shall be authorized and signed in the same Client and URS. No third party shall have the right to rely on URS
manner as this Agreement. Adjustments in the period of Services and in
opinions rendered in connection with the Services without URS'written
compensation shall be in accordance with applicable paragraphs and consent and the third party's agreement to be bound to such terms and
sections of this Agreement. As the project progresses.the fads conditions as URS.in its sole discretion.agrees to offer.
developed may dictate a change in the Services to be performed.which
may alter the scope. URS will inform Client of such situations so that 20. FORCE MAJEURE
Any delay or failure of URS in performing its required obligations
changes in scope and adjustments to the time of performance and
hereunder shall be excused if and to the extent such delay or failure is
compensation can be made as required If such change,additional
Services.or suspension of Services results in an increase or decrease in caused by a Force Majeure Event. A"Force Majeure Event'means an
the cost of or time required for performance of the S Serervices,an equitable event due to any cause beyond the reasonable control of URS and shall
-adjustment shall be made.and the Agreement the d accordingly. include.but not be limited to,acts of God,strike,labor dispute fire,
storm,flood,windstorm,unusually severe weather,sabotage.embargo.
14. HAZARDOUS terrorism,energy shortage.accidents or delay in transportation,
ItA ARD USA MATERIALSy parties that the Services do not include accidents in the handling and rigging of heavy equipment,explosion,
services related to regulated substances,pollutants.or hazardous or governmentalo war, art iody o can n es in,delays by acts or ordersof any
body or changes in the
governmenttsorm regulationsionf or the
toxic wastes
t"Hazndisclo Material"). the event URS orany other interpretations or its o or contractors.hereofsr orsads or Ii the theen
Can encounters rid,t undisclosed Hazardouslaw Matenals, URS shall notify Client orM jere other contractors.R vendors or suppliers.itab In the event of a
Client me,to the extent requiredUSby orfregulation,the appropriate Force Majeure Event,URS shall performance an
equitable e overcome gthe fovernmeco officials,and URS may,at itsoption and without dbility extendinganydelay,
y,and an for ernao U sufficient toatio Meteffects
to
perdelay, eof consequentialc or any other da es tojet affected suspend
accnutlelay,andcr increase(s)itpURS'ance compensation o a to Hazardous atrial unfist
on thatt, )p etan of the project b account for any increased ervtl cost in seed o lossor damageaysor
Hazardous Material until to o id retains , sappropriatep specialiste,abate,
suffered m .in URS.If Servicess are, suspendeddays pfor thirty consultant(s)or reecontractor(s)teHazardous
fy appropriate,warrants
le,as URS may, its sole ,eInucaedays prior termination,
addimn to
peme site isremove e withmaterial,and w regulations.
eg that the terminatee thisAgreement, In the case ofet such above, in addition m
project
If site is in full compliance cannot
with orl medlbecau laws and rxgn o. the compensationrand timeblextension forth above, URS shall be
aous materials,
stall performed because of the existence of compensated for all reasonable termination expenses.
forhazardous 30 dais, URS shall be entitled to terminate this Agreement
for cause on 30 days written notice. 21.SURVIVAL
15. EXECUTION The provisions of this Agreement which by their nature are intended to
survive the termination,cancellation,completion,or expiration of the
This Agreement,including the exhibits and schedules made part hereof, Agreement,including,but not limited to,any expressed limitations of,or
constitute the entire Ag ennent between URS and Client,and supersedes releases from,liability,shall continue as valid and enforceable
all prior written or oral understandings. This Agreement may be amended obligations of the parties notwithstanding any such termination,
supplemented or modified only by a written instrument duly executed by cancellation.completion,or expiration.
the parties.
16. NO CONSEQUENTIAL DAMAGES
TO THE FULLEST EXTENT PERMITTED BY LAW,NEITHER CLIENT
NOR URS SHALL BE LIABLE,WHETHER LIABILITY ARISES FROM
NEGLIGENCE,BREACH OF CONTRACT,BREACH OF WARRANTY.
INDEMNITY,OR ANY OTHER THEORY OF RECOVERY,FOR ANY
CONSEQUENTIAL,SPECIAL,INCIDENTAL, INDIRECT,PUNITIVE OR
EXEMPLARY DAMAGES,OR DAMAGES ARISING FROM OR IN
CONNECTION WITH LOSS OF USE.LOSS OF REVENUE OR
PROFIT(ACTUAL OR ANTICIPATED),LOSS BY REASON OF
PS-131 Terms&Conditions for Professional Services 2 (10/2009)
(Non-environmental)