Item C26 C.26
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys � � �l'U � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
April 17, 2019
Agenda Item Number: C.26
Agenda Item Summary #5397
BULK ITEM: Yes DEPARTMENT: Emergency Management
TIME APPROXIMATE: STAFF CONTACT: Jeff Manning (305) 289-6325
N/A
AGENDA ITEM WORDING: Approval to Advertise a Request for Proposals for Consulting
Services to Complete a Required Five-Year Revision of the Monroe County Local Mitigation
Strategy
ITEM BACKGROUND: Monroe County's Local Mitigation Strategy (LMS)was last revised and
approved by Florida DEM and FEMA in 2015. The next required update is due no later than
December, 2020. Maintaining an approved LMS plan is mandatory in order to remain eligible for
most types of federal/FEMA disaster assistance, including FEMA Public Assistance Permanent
Work and all Hazard Mitigation Assistance programs.
PREVIOUS RELEVANT BOCC ACTION: The BOCC approved consulting services for all
previous revisions and development of the original Local Mitigation Strategy.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
DOCUMENTATION:
LMS_2020_RFP_andSCOPE_andSAMPLE_FINAL
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
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Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
TBD
REVIEWED BY:
Martin Senterfitt Skipped 04/02/2019 9:02 AM
James Callahan Completed 04/02/2019 9:32 AM
Pedro Mercado Completed 04/02/2019 9:46 AM
Budget and Finance Completed 04/02/2019 9:53 AM
Maria Slavik Completed 04/02/2019 9:57 AM
Kathy Peters Completed 04/02/2019 12:20 PM
Board of County Commissioners Pending 04/17/2019 9:00 AM
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MONROE COUNTY a
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REQUEST FOR PROPOSALS
FOR
CONSULTING SERVICES TO COMPLETE REVISION OF THE
MONROE COUNTY LOCAL MITIGATION STRATEGY
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BOARD OF COUNTY COMMISSIONERS
Mayor, Sylvia Murphy, District 5
Mayor Pro Tem, Danny Kolhage, District 1
Michelle Coldiron, District 2
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Heather Carruthers, District 3
David Rice, District 4
COUNTY ADMINISTRATOR
Roman Gastesi
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CLERK OF THE CIRCUIT COURT EMERGENCY MANAGEMENT i
Kevin Madok, CPA DEPARTMENT
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Due Date: May 17, 2019, 3:00 p.m.
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SECTION ONE: INSTRUCTION TO PROPOSERS
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1. OBJECTIVE OF THE RFP
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The Proposer awarded a contract shall provide Consulting Services to revise and update the
Monroe County Local Mitigation Strategy (LMS) Plan and other related services as set out in the
Scope of Services - Attachment A to the draft agreement (Section Two).
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The 2020 LMS Update is to be prepared in compliance with the 2018 Florida LMS Review it
Tool that incorporates federal and state mitigation planning requirements along with the (n
current National Flood Insurance Program's (NFIP) Community Rating System (CRS)
Floodplain Management Planning requirements (Activity 510). (Tool available at
https://www.fl®ridadisaster.®rp/dear/rrritipati®n/I®gal-rrritipati®n-strategy/)
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2. KEYTERMS IL
THE COUNTY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS AND RESERVES
THE RIGHT TO WAIVE, IF PERMITTED BY LAW,ANY IRREGULARITY OR INFORMALITY
IN ANY PROPOSAL. A
3. CALENDAR
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The County will attempt to adhere to the following timeline-
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Date Activity
April 19, 2019 RFP Release Date
May 9, 2019 Deadline for Vendor Questions
May 10, 2019 Last day toissue addenda
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May 17, 2019 Bid Closing- 3:00 PM. No late bids will be accepted
May 24, 2019 Selection Committee Ranking Meeting
June 19, 2019 Monroe County BOCC Meeting - Bid Award
1 June 26, 2020 Deliver final draft digitally for submission to FDEM
December 4, 2020 Deliver all files digitally to FDEM
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4. BACKGROUND INFORMATION
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
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federal mitigation grant funds. The Act also requires that local mitigation plans be updated and
revised every five years in orderto 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, 2015 Revision. Based on FEMA's date of approval, the LMS expires
on December 6, 2020. The Florida Division of Emergency Management (FDEM) is authorized
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to review LMS updates. Current procedures require submission of the final draft at least 6
months before the FEMA deadline - June 6, 2020.
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The 2015 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 2020 LMS Update is to be prepared in
compliance with the 2018 Florida LMS Review Tool 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). (,
5. REQUESTS FOR ADDITIONAL INFORMATION
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Any inquiries or requests for clarification or additional information must be delivered in
writing to the County's Office of Emergency Management by no later than May 9, 2019 at
the following email address:
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manning-ieffamonroecounty-fl.gov ;
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Oral requests (including but not limited to telephone calls) will not be answered. Answers
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to all timely questions will be posted on DemandStar, no later than May 10, 2019.
All addenda are a part of the contract documents and each Proposer will be bound by such
addenda, whether or not received by him/her. It is the responsibility of each Proposer to verify
that he/she has received all addenda issued before responses are opened.
6. PROPOSAL DEADLINE
Two (2) signed originals plus one (1) copy of the response to this RFP must be submitted no
later than May 17. 2019 at 3:00 PM Eastern Time to the following locations:
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Two originals: Monroe County Purchasing Department
1100 Simonton Street, Room2-213,
Key West FL 33040 i
One copy (pdf) via email to: Manni CL
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The responsibility for delivering the Proposal o the Uounty and the Office ot Emergency
Management representative will solely be the responsibility of the Proposer. The County is
not responsible for any delays on the part of the United States Post Office or any other mail
delivery service.
The deadline will be strictly observed. Proposals delivered after 3:00 PM on the deadline
day will not be accepted. There will be no exceptions to this rule.
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7. CONTENT OF SUBMISSION
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Each proposal shall be prepared utilizing the following format and headings. The Proposer
should not withhold any information from the written response in anticipation of presenting the
information orally or in a demonstration, since oral presentations or demonstrations may not be
solicited.
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Tab 1. Contact Information U)
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State the legal name of the financial institution or firm, the principal business address, name of it
the contact person, telephone and facsimile numbers, e-mail address.
Tab 2. Compensation and Payment Terms
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In this tab, the Respondent will complete and include the Submission Response Form (Section
Three: County Forms). The County is requesting that the Respondent quote a fixed fee that
encompasses the entire scope of services requested in Exhibit A, broken down in two
parts as follows:
• Price for completion of Tasks 1-6, not including Task 4.5; and
• Price for completion of Task 4.5 (if necessary).
All prices quoted should be all inclusive, i.e., no separate amounts will be paid for
miscellaneous expenses, including but not limited to travel expenses, postage, faxes.
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Tab 3. Ability to Provide Services /References
In this tab, provide:
• A narrative description of the firm's capabilities to provide the Scope of Services;
• A list of the persons who would work on this project, and a description of the educational
and work experience qualifications for each person;
• A list of similar projects on which the Respondent has worked within the past five (5)
years; and
• A list of at least five (5) clients for whom you have done similar work, at least three (3) of a.
which must be governmental entities. For each, please describe the work performed by
you and the dates of the project. Please include contact information for each client.
Tab 4. Litigation
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In accordance with Section 2-347(h) of the Monroe County Code, the Proposer must provide
the following information:
(a) A list of the persons or entity's shareholders with five (5) percent or more of the stock
or, if a general partnership, a list of the general partners; or, if a limited liability
company, a list of its members; or, if a solely owned proprietorship, name(s) of
owner(s);
(b) A list of the officers and directors of the entity;
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(c) The number of years the person or entity has been operating and, if different, the
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number of years it has been providing the services, goods, or construction services
called for in the bid specifications (include a list of similarprojects);
(d) The number of years the person or entity has operated under its present name and
any prior names;
(e) Answers to the following questions regarding claims and suits:
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a) Has the person, principals, entity, or any entity previously owned, operated or U)
directed by any of its officers, major shareholders or directors, ever failed to
complete work or provide the goods for which it has contracted? If yes,
provide details;
b) Are there any judgments, claims, arbitration proceeding or suits pending or
outstanding against the person, principal of the entity, or entity, or any entity
previously owned, operated or directed by any of its officers, directors, or
general partners? If yes, provide details;
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c) Has the person, principal of the entity, entity, or any entity previously owned,
operated or directed by any of its officers, major shareholders or directors,
within the last five (5) years, been a party to any lawsuit, arbitration, or
mediation with regard to a contract for services, goods or construction services E
similar to those requested in the specifications with private or public entities?
If yes, provide details;
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d) Has the person, principal of the entity, or any entity previously owned,
operated or directed by any of its officers, owners, partners, major
shareholders or directors, ever initiated litigation against the county or been
sued by the county in connection with a contract to provide services, goods or
construction services? If yes, provide details;
e) Whether, within the last five (5) years, the owner, an officer, general partner,
principal, controlling shareholder or major creditor of the person or entity was
an officer, director, general partner, principal, controlling shareholder or major
creditor of any other entity that failed to perform services or furnish goods
similar to those sought in the request forcompetitive solicitation.
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Tab 5. Forms and Licenses a.
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Proposer shall complete and execute the forms specified below (found in Section Three in this
RFP) and attach them within this tab. IL
County Forms i
(a) Lobbying and Conflict of Interest Ethics Clause
(b) Non-Collusion Affidavit
(c) Drug Free Workplace Form
(d) Public Entity Crime Statement
(e) Any Proposer claiming a local preference as defined in Monroe County Ordinance
023-2009 must complete the Local Preference Form and attach it to the Proposal.
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8. EVALUATION CRITERIA
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Award shall be made to the responsible proposer whose proposal is determined to be
the most advantageous to the County, taking into consideration the evaluation criteria
set forth below:
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Evaluation Criteria Maxir o r
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Cost of services/fee proposal 3!
Experience on similar projects 1"
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Qualifications &Abilities of Professional Personnel &Company/Key Principals 1" U
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Ability to deliver services noted on Attachment A 3!
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Total Total 10
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Total points earned are on a scale of 1 -100 points
1— lowest 100- highest
The County reserves the right to reject any and all responses and to waive technical
errors and irregularities as may be deemed best for the interests of the County.
Responses that contain modifications, are incomplete, unbalanced, conditional, ®�
obscure, or that contain additions not requested or irregularities of any kind, or that do
not comply in every respect with the Instruction to Proposer and the contract
documents, may be rejected at the option of the County.
9. OTHER TERMS ANDCONDITIONS
A. Proposers shall thoroughly examine and be familiar with the specifications in
this RFP. Failure of any proposer to receive or examine this document shall in no way
relieve any Proposer of obligations pertaining to this bid or any resulting contract.
B. No portion of any contractual rights arising from this RFP may be assigned
without the prior written consent of theCOUNTY.
C. The Proposer warrants that it will comply with all applicable federal, state and
local laws and regulations in providing the services herein.
D. The Proposer is solely responsible for reviewing any addenda that may be
issued in connection with this RFP. Any Proposal submitted in response to this RFP
will constitute an agreement that it is responsive to any addenda that have been
issued, if any.
E. Pursuant to Florida Statute 119.0701, Contractor and its subcontractors
shall comply with all public records laws of the State of Florida, specifically to:
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(a) Keep and maintain public records that ordinarily and necessarily would be
required by Monroe County in the performance of this Agreement.
(b) Provide the public with access to public records on the same terms and
conditions that Monroe County would provide the records and at a cost that
does not exceed the cost provided in Florida Statutes, Chapter 119 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 exempt as
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authorized by law. 0
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(d) Meet all requirements for retaining public records and transfer, at
no cost, to Monroe County all public records in possession of the contractor
upon termination of this Agreement 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 Monroe
County in a format that is compatible with the information technology systems of
Monroe County.
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F. By signing this agreement, CONTRACTOR represents that the execution of this
Agreement will not violate the Public Entities Crime Act (Section 287.133, Florida
Statutes). Violation of this section shall result in termination of this Agreement and
recovery of all monies paid hereto, and may result in debarment from County's
competitive procurement activities.
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G. This RFP and any resulting agreement shall be governed by and construed in
accordance with the laws of the State of Florida applicable to Agreements made
and to be performed entirely in the State.
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SECTION TWO: DRAFT AGREEMENT
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CONTRACT
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THIS AGREEMENT ("Agreement"), made and entered into this day of
2020,AD, byand between MONROE COUNTY, FLORIDA,(hereinafter
called the "Owner"), and
(hereinafter called the "Contractor"). That the parties hereto, for the W
consideration hereinafter set forth, mutually agree as follows:
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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.
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2. SCOPE OF WORK
The scope of work shall consist of those services as specified in Attachment A to this a.
Agreement. The update to the 2020 Local Mitigation Strategy described in Attachment
A is required by the State of Florida and the Federal Emergency Management Agency.
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3. THE CONTRACT SUM
The total contract price for the work specified in the Scope of Services shall be
inclusive. Twenty-five percent (25%) of the contract price shall be
paid upon completion of each of Tasks 3, 47 5 and 6 specified in Attachment A as
they are completed.
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 a.
Florida Local Government Prompt Payment Act, Section 218.70, Florida Statutes.
4. TERM OF CONTRACT/RENEWAL
This contract shall be effective from 20_, through
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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 attorney's fees) which
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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, oragents.
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 A
insurance, the Contractor shall indemnify the County from any and all increased
expenses resulting from such delay.
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The first ten dollars ($10.00) of remuneration paid to the Contractor is for the it
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.
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6. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement the Contractor is an independent a.
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 a.
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 orfinancing 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.
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9. COMPLIANCE WITH LAW 0
The Contractor shall abide by all statutes, ordinances, rules and regulations pertaining it
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.
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I0. 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 aminimum-
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
• Expanded Definition of Property Damage
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The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits areprovided, the minimum limits acceptable shall be:
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$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.
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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 coveragefor: 0
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• Owned, Non-Owned, and Hired Vehicles it
The minimum limits acceptable shall be:
$100,000 Combined Single Limit (CSL)
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If split limits are provided, the minimum limits acceptable shall be:
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$ 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. FUNDINGAVAILABILITY
This contract is subject to annual appropriation by the Board of County Commissioners.-
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12. NOTICE REQUIREMENT
Any notice required or permitted underthis 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:
FOR COUNTY
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Monroe County Emergency Management
490 63RD St. Ocean Ste. 150. 0
Marathon, FL 33050 it
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FOR CONTRACTOR:
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13. CANCELLATION
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B. 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.
C. 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.
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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.
15. RECORDKEEPING
Contractor shall maintain all books, records, and documents directly pertinent to a.
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.
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(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.
(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 0
technology systems of the public agency. it
16. SEVERABILITY
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If any term, covenant, condition or provision of this Agreement (or the application
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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 a.
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.
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17. ATIORNEY'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 ®I
attomeis fees, court costs, investigative, and out-of-pocket expenses, as an award
against the non-prevailing party, and shall include attorney's fees, courts costs,
investigative,and out-of-pocket expenses in appellate proceedings.
18. AUTHORITY
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Each party represents and warrants to the other that the execution, delivery and U
performance of this Agreement have been duly authorized by all necessary County and
corporate actions, as required by law.
19. COOPERATION
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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.
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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
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
0
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 0
Agreement without liability and, at its discretion, to offset from monies owed, or it
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
a.
instrument and any of the parties hereto may execute this Agreement by signing any
such counterpart.
A
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 forthe other counterparts, be deemed an original contract.
0
Attest: Kevin Madok, CLERK BOARD OF COUNTY COMMISSIONERS
OFMONROE COUNTY, FLORIDA
By: _ By: ®i
Deputy Clerk Mayor
(SEAL)
Attest:
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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
0
plans be updated and revised every five years in order to maintain eligibility for grant 0
funds. Similar requirements are found in Chapter 9G-22, Florida Administrative Code. it
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, 2015 Revision. Based on FEMA's
date of approval, the LMS expires on December 6, 2020. 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 a.
deadline - June, 2020.
The 2015 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 2020 LMS
Update is to be prepared in compliance with the 2018 Florida LMS Review Tool 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).
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 2015 LMS Update:
qR://www.monroecountyem.com/ ocumentCenter/Vi
ew/13879/2015-L S®Plan-P F
a.
(b) DEM and FEMA planning resources:
I .flood r.o. dem/mi io I if. lion-
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(c) 2018 Florida LMS Plan Review Tool/Crosswalk
(d) FEMA Local Mitigation Handbook and Plan Guidance
(e) NFIP CRS Coordinator's Manual: www.CRSresources.ora
Scope of Work:
The 2018FIorida LMS 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
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C.26.a
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:
A
Task 1 -The LMS Update Planning Process
(a) Draft emails, notices, memoranda, and other materials for the LMS Work
Group chair and members. 0
(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 Groupmembers {e.g.,
comprehensive plans).
{d) Maintain documentation of the planning process (e.g., meetingminutes, sign-
in sheets, and methods used to conduct the process and obtain Work Group
and public comments). a.
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.
(a) Review the HRVA, incorporate results into the LMS update, compare tothe
2015 HRVAto characterize differences
(b) Determine if the HRVA inventory adequately captures historic andcultural
resources
(c) Summarize the vulnerability of each hazard and community impacts,
(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 ®I
the Southeast Florida Regional Climate Change Compact Analysis of the
Vulnerability of Southeast Florida to Sea Level Rise
Task 3 - Capability Assessment & Other Plans (20% of contact price) IL
(a) Review with each community itscapability assessments that describe agency U
functions and how hazard are addressed �s
(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,
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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 forconsistency E
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(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
(20% of contract price)
(a) Work Group meeting #1: review HRVA and revisions; review Mitigation Goal
Statement; review changes incapability assessment
(b) Review progress on the list of mitigation initiatives through review of LMS W
Annual Reports and facilitate Work Group member contributions to update list
of mitigation initiatives 0
(c) Facilitate a discussion on the proposed LMS update changes it
(d) Incorporate revisions in the LMS and circulate forcomment (n
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 a.
be adopted by individual communities as an addendum to the LMS.
Task 5 - LMS Work Group Meeting #2 & Draft LMS Revisions (20% of contract
price)
(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.
(a) Prepare final draft LMS Update ®�
(b) Provide final draft LMS Update in electronic format and six (6) hardcopies for
communities to make for public review and solicit comments
(c) Conduct public meeting, report comments to LMS Work Group and address, if
necessary
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Task 6- Final Draft LMS Update, Final LMS Update, and LMS Adoption (40% of
contract price)
(a) Prepare final draft LMS Update and Florida LMS Crosswalk for submission
to FDEM (deadline: June 6, 2020)
(b) Incorporate FDEM comments into LMS and provide to Work Group
for concurrence
(c) Prepare final LMS and provide to County and municipal Work U)
Group members for adoption
(d) Incorporate resolutions of adoption into LMS Update
(e) Deliver all files on digitally for submission to FDEM (deadline: December6,
2020)
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