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Item D2 D.2 G 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: D 2 Agenda Item Summary #5287 BULK ITEM: Yes DEPARTMENT: Local Disaster Recovery TIME APPROXIMATE: STAFF CONTACT: Helene Wetherington (305) 289- 2524 NA AGENDA ITEM WORDING: Approval of a contract for $80,000 for professional services with the South Florida Regional Planning Council to draft the Post Disaster Recovery Strategy utilizing Economic Development Administration Disaster Supplemental grant funding with an in-kind match of$20,000. ITEM BACKGROUND: The Monroe County Mayor declared a State of Local Emergency on September 5, 2017. Hurricane Irma, a Category 4 hurricane, made landfall in the Florida Keys on September 10, 2017, causing substantial damage and loss of property. Following a disaster of this magnitude, Federal Government Agencies offer funding to develop long term recovery strategies. These plans identify needs of the community and are often used for future funding. The Federal Economic Development Administration reached out to Monroe County following the storm and encouraged the County to complete a Post Disaster Recovery Plan. They have approved the County's funding request. The EDA Disaster Supplemental Fund is the funding source and requires an in-kind match from Monroe County. In-kind match can be in the form of volunteer hours. The staff will scheduled several meetings with stakeholders to complete the strategy. Attendees time will be counted toward in-kind match. We are seeking a consulting services contract for $80,000 to develop a comprehensive countywide Post Disaster Recovery Strategy with the South Florida Regional Planning Council (SFRPC). The SFRPC brings a broad understanding of the social economic environment in the Florida Keys and has expertise in developing and implementing a range of planning initiatives. The SFRPC will augment its staff by bringing on a planning professional to complete the plan. The purpose of the strategy is to unify the numerous ongoing efforts throughout the County, including city, non-profit, and for profit initiatives, in order to maximize available dollars from Packet Pg. 1329 D.2 public,private, and philanthropic sources. The Post Disaster Redevelopment Strategy will also justify additional federal, state, non-profit, and philanthropic funding support to meet the needs of the disaster survivors. All consulting services will be paid through a grant from the Economic Development Administration. PREVIOUS RELEVANT BOCC ACTION: Agenda Item 5278 which seeks approval of acceptance of the Economic Development Administration grant. CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATION: APPROVAL OF CONTRACT WITH SOUTH FLORIDA REGIONAL PLANNING COUNCIL(SFRPC) DOCUMENTATION: Interlocal Agreement with RPC for PDRS O4-02-19 HW and CH AND CLB (REV 4 9 19) Letter Requesting Approval for SFRPC Inter local areeement from EDA 04-02-19 Award Package Rev with new Attachment C FINANCIAL IMPACT: Effective Date: PENDING Expiration Date: Total Dollar Value of Contract: $80,000 Total Cost to County: $20,000 of in-kind match (which includes staff and community member time) Current Year Portion: Budgeted: No Source of Funds: Federal Economic Development Administration CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: $80,000 County Match: $20,000 IN KIND Insurance Required: Additional Details: REVIEWED BY: Helene Wetherington Completed 03/05/2019 1:27 PM Packet Pg. 1330 D.2 Assistant County Administrator Christine Hurley Completed 04/02/2019 2:35 PM Bob Shillinger Skipped 04/02/2019 2:50 PM Christine Limbert Completed 04/02/2019 4:04 PM Budget and Finance Completed 04/02/2019 5:13 PM Maria Slavik Completed 04/02/2019 5:29 PM Kathy Peters Completed 04/02/2019 5:50 PM Board of County Commissioners Pending 04/17/2019 9:00 AM Packet Pg. 1331 D.2.a INTER-LOCAL AGREEMENT 0 THIS INTERLOCAL AGREEMENT (ILA) is entered into as of this 17th day of April, 2019, between Monroe County, a political subdivision of the State of Florida (COUNTY) and the South Florida Regional Planning Council (SFRPC), a state regional planning agency. 0 WITNESSETH : 0 CL WHEREAS, the SFRPC was created pursuant to Section 186.501, Florida Statutes (1982), as CL amended and known as the "Florida Regional Planning Council Act" (the "ACT"); and WHEREAS, Section 186.505, Florida Statutes, provides that the SFRPC may enter into contracts g ° to provide, at cost, such services related to its responsibilities as may be requested by local governments or organizations within the region and which the SFRPC finds feasible to perform; and WHEREAS, the COUNTY desires to hire the SFRPC to provide professional services to develop a Post Disaster Recovery Strategy(PDRS) for Monroe County; and WHEREAS, the parties hereto have agreed upon a Scope of Services for work to be performed hereunder by the SFRPC and attached hereto and made a part hereof as Attachment 1, Section A; and WHEREAS, the COUNTY submitted a written request to the Economic Development Administration, the federal awarding agency, to obtain express authorization to entered into this ILA in accordance with 2 CFR 200.320(f)(3); NOW THEREFORE, in consideration of the promises, the mutual covenants, conditions, provisions and undertakings herein contained, and for other good and valuable considerations, the parties do mutually covenant and agree with each other as follows: 04 Section 1. Scope and Term. The SFRPC and the COUNTY, for the consideration named agree to perform their respective obligations as provided in this ILA as well as in the detailed scope of services contained in Attachment 1, Scope of Services and Timeline, which are attached hereto and incorporated by reference. The term of the ILA is April 17, 2019 through March 7, 2020. Section 2. Reporting. In consideration of the services described above, SFRPC agrees to provide monthly reports of all of its activities documenting project progress and completion of work products within defined timelines, as well as any general findings related to the services provided. Reports shall be in writing with supporting documentation and delivered to Monroe County's designee as identified in Section 9. Section 3. Payment. The total funds available to pay the SFRPC for the services provided pursuant to this Agreement is an amount not to exceed $80,000. The COUNTY will process invoices from SFRPC as pursuant to the Local Government Prompt Payment Act. The Task Delivery and Payment Schedule is found in Attachment 2. as E 1 Packet Pg. 1332 D.2.a Section 4.Termination of Inter-local Agreement 0 CD A. In the event that the SFRPC shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after ten(10) days written notification to the SFRPC. 0 U B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty(60) days written notice of its intention to do so. C. Termination for Cause and Remedies: In the event of breach of any contract terms, the CL COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this CL agreement for cause with SFRPC should SFRPC fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide SFRPC with ten (10) calendar days' notice and provide g ° the SFRPC with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the SFRPC, COUNTY shall pay SFRPC the sum due the SFRPC under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to SFRPC shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon one 10 day notice to SFRPC. If the COUNTY terminates this agreement with the SFRPC, COUNTY shall pay SFRPC the sum due the SFRPC under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to SFRPC shall not exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under 04 CD this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. Section 5. Maintenance of Records. SFRPC shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with the Florida Public Records Law, Ch. 119 F.S., and generally accepted accounting principles consistently applied. Records shall be retained for a period of seven years from the termination of this agreement or for a period of three years from the submission of the final expenditure report as per 2 CFR §200.333, whichever is greater. 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 SFRPC pursuant to this Agreement were spent for purposes not authorized by this Agreement, the SFRPC shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, commencing on the date the monies were paid to SFRPC. If the amount owed by the SFRPC to the COUNTY is not enough to compensate the COUNTY, then the SFRPC is liable for any additional amount necessary to adequately compensate the COUNTY up to the amount of the ILA price. E 2 Packet Pg. 1333 D.2.a U Section 6. Employees Subject to County Ordinance Nos.010 and 020-1990. The SFRPC warrants that U it has not employed, retained, or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision, the County, in its discretion, may terminate this ILA without liability and may also, in its discretion, deduct from the ILA 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. 0 CL Section 7. Convicted Vendor. A person or affiliate who has been placed on the convicted vendor list CL following a conviction for public entity crime may not submit a bid on a ILA to provide any goods or services to a public entity, may not submit a bid on a ILA with a public entity for the construction or repair of a public building or public work, may not perform work as a SFRPC, supplier, sub-supplier, or g ° SFRPC under ILA with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for the Category two for a period of 36 months from the date of being placed on the convicted vendor list. Section 8. Insurance. The parties to this ILA stipulate that each is a state governmental agency as defined by Florida Statutes and represents to the other that it has purchased suitable public liability, vehicle liability, and Workers' Compensation insurance, or is self-insured, in amounts adequate to respond to any and all claims which are not limited by Florida Statutes Section 768.28 and Chapter 440, arising out of the activities governed by this agreement. Section 9. Communication Between Parties. All communication between the parties should be through the following individuals or their designees: Monroe County SFRPC Helene Wetherington, CEM Isabel Cosio Carballo, MPA Disaster Recovery Director Executive Director 04 CD Monroe County Regional Service Center South Florida Regional Planning Council 2798 Overseas Highway 1 Oakwood Boulevard, Suite 250 Marathon, FL 33050 Hollywood, Florida 33020 Section 10. Governing Law, Interpretation, Costs, and Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Interlocal Agreements made and to be performed entirely in the State. Section 11. Venue. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and SFRPC agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. Section 12. Mediation. The COUNTY and SFRPC agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. This as Agreement is not subject to arbitration. as E 3 Packet Pg. 1334 D.2.a Section 13. 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 U extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions CD 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 U would prevent the accomplishment of the original intent of this Agreement. The COUNTY and SFRPC agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. CL CL Section 14. Attorney's Fees and Costs. The COUNTY and SFRPC 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, g ° 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. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. Section 15. Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and SFRPC and their respective legal representatives, successors, and assigns. Section 16. 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 action, as required by law. Section 17. Claims for Federal or State Aid. The SFRPC and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this 04 CD Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Section 18. Adjudication of Disputes or Disagreements. The COUNTY and SFRPC agree that all CL disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of CL the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. ILI 3 Section 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 SFRPC 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 SFRPC specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. as Section 20. Nondiscrimination. COUNTY and SFRPC agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent as E 4 Packet Pg. 1335 D.2.a 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 SFRPC agree to U comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to CID 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 CL Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the CL 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 g ° 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title Vill 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. 12101 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which provides prohibition against discrimination based on race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender, identity or expression, familial status or age; 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. During the performance of this Agreement, the SFRPC, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as follows: 04 1) The SFRPC will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The SFRPC will take affirmative action to ensure that applicants are employed, and that employees are treated during employment,without regard to their race, color, religion, sex, sexual orientation, gender identity, or CL national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; CL rates of pay or other forms of compensation; and selection for training, including apprenticeship. The SFRPC agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. as E as as 2) The SFRPC will, in all solicitations or advertisements for employees placed by or on behalf of the _ SFRPC, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. as 3) The SFRPC will not discharge or in any other manner discriminate against any employee or as E 5 Packet Pg. 1336 D.2.a U applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This U provision shall not apply to instances in which an employee who has access to the compensation CD information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal U complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the SFRPC's legal duty to furnish information. CL CL 4) The SFRPC will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the SFRPC's Mn commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post as copies of the notice in conspicuous places available to employees and applicants for employment. -� 5) The SFRPC will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The SFRPC will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the SFRPC's non-compliance with the nondiscrimination clauses of this contract 04 or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the SFRPC may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive CL Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. CL 8) The SFRPC will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The SFRPC will take such action with respect to any subcontract or a CD purchase order as the administering agency may direct as a means of enforcing such provisions, _ including sanctions for non-compliance; provided, however, that in the event a SFRPC becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such as direction by the administering agency the SFRPC may request the United States to enter into such litigation to protect the interests of the United States. C as E 6 Packet Pg. 1337 D.2.a Section 21. Covenant of No Interest. COUNTY and SFRPC covenant that neither presently has any U interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. r_ 0 Section 22. Code of Ethics. COUNTY and SFRPC agrees that officers and employees of the COUNTY and SFRPC recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, CL solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; CL misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. ° 0 Mn Section 23. No Solicitation/Payment. The COUNTY and SFRPC warrant that, in respect to itself, it has neither 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 from the award or making of this Agreement. For the breach or violation of the provision, the SFRPC 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. Section 24. Public Access. The COUNTY and SFRPC shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and SFRPC in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by SFRPC. 04 CD Section 25. Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the COUNTY and the SFRPC in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any ILA entered into by the COUNTY be required to contain any provision for waiver. Section 26. Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. U 0 Section 27. Legal Obligations and Responsibilities. Non-Delegation of Constitutional or Statutory as Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and r_ timely performance thereof by any participating entity, in which case the performance may be offered as E 7 Packet Pg. 1338 D.2.a in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, U except to the extent permitted by the Florida constitution, state statute, and case law. U) Section 28. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the SFRPC agree that neither the COUNTY nor the SFRPC or any agent, officer, or employee of either shall CL have the authority to inform, counsel, or otherwise indicate that any particular individual or group of CL individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. ° 0 Section 29. Attestations. SFRPC agrees to execute such documents as the COUNTY may require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Section 30. No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. Section 31. Execution in 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 singing any such counterpart. Section 32. Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this 04 CD Agreement and will not be used in the interpretation of any provision of this Agreement. Section 33. Indemnify/Hold Harmless. SFRPC is a state agency as defined in Chapter 768.28, Florida Statutes, and COUNTY is a political subdivision of the State of Florida. Each agrees to be fully responsible for acts and omissions of their agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement ILI or any other contract. as Section 34. E-Verify System. The SFRPC shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the SFRPC during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor as during the Contract term. Section 35. Federal Contract Requirements. The SFRPC and its subcontractors must follow as E 8 Packet Pg. 1339 D.2.a the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R. Part 200, as amended, including but not limited to: U Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security 0 Grant Program and Transit Security Grant Program, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and §§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards CL Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In CL accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If applicable, the COUNTY must place a current prevailing wage determination issued by the Department of Labor in a each solicitation. The decision to award a contract or subcontract must be conditioned upon the °b acceptance of the wage determination. The COUNTY must report all suspected or reported violations to -� the Federal awarding agency. When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the contractors must also comply with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. (1) SFRPC.The SFRPC shall comply with 18 U.S.C. §874,40 U.S.C. §3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable,which are incorporated by reference into this contract. 04 (2) Subcontracts. The SFRPC or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring CL the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. CL (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5.12. as E Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, which as E includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less as E 9 Packet Pg. 1340 D.2.a than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide U that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. as Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the CL definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient CL wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and ° Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and as any implementing regulations issued by the awarding agency. -� Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387). SFRPC agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—applies to Contracts and subgrants of amounts in excess of$150,000. Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement 04 Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. e 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. CL Byrd Anti-Lobbying Amendment (31 U.S.C. 13521—SFRPCs that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it CL will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. E 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. Compliance with Procurement of recovered materials as set forth in 2 CFR § 200.322. SFRPC must comply with section 6002 of the Solid Waste disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items E 10 Packet Pg. 1341 D.2.a U designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a U satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials U identified in the EPA guidelines. as Americans with Disabilities Act of 1990, as amended (ADA) —The SFRPC will comply with all the CL requirements as imposed by the ADA, the regulations of the Federal government issued CL thereunder, and the assurance by the SFRPC pursuant thereto. Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the COUNTY that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this °b Agreement. The DBE requirements of applicable federal and state laws and regulations apply to -� this Agreement. The COUNTY and SFRPC agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. § 200.321( as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the SFRPC and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES,WOMEN'S BUSINESS ENTERPRISES,AND LABOR SURPLUS AREA FIRMS a. If the SFRPC, with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the SFRPC shall take the following affirmative steps to assure that minority businesses, women's business enterprises,and labor surplus area firms are used whenever possible. 04 b. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2)Assuring that small and minority businesses, and women's business enterprises are CL solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to CL permit maximum participation by small and minority businesses, and women's business enterprises; ILI _ (4) Establishing delivery schedules, where the requirement permits, which encourage 3 participation by small and minority businesses,and women's business enterprises; as (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. (6) Requiring the Prime contractor, if subcontractor are to be let, to take the affirmative steps listed in paragraph (1)through (5) of this section. o as Section 35. Uncontrollable Circumstance. Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was E 11 Packet Pg. 1342 D.2.a U caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, CD hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the M Project;(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or CL CL supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within 7 days of any event or 7 circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts g Mn to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement.The County will °b not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a no cost Change Order for such reasonable time as the Owners Representative may determine. 04 CL e L- 0 CL (D E (D 2 qb (D E 12 Packet Pg. 1343 D.2.a IN WITNESS WHEREOF each party hereto has caused this Agreement to be executed by its duly authorized representative. U (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA as 0 CL CL By By Deputy Clerk Mayor/Chairman a 0 a as (SEAL) Attest: South Florida Regional Planning Council Isabel Cosio Carballo, MPA By By Title Title Executive Director, SFRPC APPROVED AS TO FORM APPROVED AS TO FORM 04 CD COUNTY ATTORNEY'S OFFICE SAMUEL S. GOREN, ESQ. General Counsel to SFRPC CL - 0 CL as E as as as as E 13 Packet Pg. 1344 D.2.a U ATTACHMENT 1 0 Monroe County Post-Disaster Recovery Strategy U Scope of Services and Timeline The Monroe County Post-Disaster Recovery Strategy (PDRS) will serve as a comprehensive strategy to guide major long-term recovery projects and priorities for the county and its municipal jurisdictions as including the cities of Key West, Marathon, Key Colony Beach, Layton and the Village of Islamorada. This CL strategy will reflect the guidance and best practices provided by the State of Florida, Federal Emergency CL Management Agency and the American Planning Association. This strategy will address the following five priority areas for the recovery of Hurricane Irma as well as set up operational functions for future C disasters. g a a 1. Community Planning and Capacity Building: This priority area will focus on current ongoing as community planning efforts as well as help to develop additional efforts that may be needed to carry out PDRS objectives. 2. Economic Recovery — Business and Tourism: Economic recovery and revitalization strategies should focus on supporting the tourism economy and businesses, with full participation from business leaders and Chambers of Commerce. 3. Housing:This priority area will focus on ongoing workforce and affordable housing challenges in the community and build strategies for addressing the needs of residents in the post-disaster environment. It will also build an operational component for addressing temporary housing needs in the wake of future disasters. 4. Infrastructure Systems: This priority area will focus on the opportunity to build resilience and 04 support economic revitalization efforts. While repair and reconstruction efforts are well on their way, additional areas of vulnerability will be identified, along with strategies to make the community more resilient to future disaster impacts. This may include commercial corridor enhancement opportunities, augmenting communication system interruptions, building more OL resilient water supply infrastructure and exploring alternative transportation options. OL 5. Finance and Administration: This priority area will focus on developing a strategy to make needed changes to policies and procedures in the post-disaster environment, as well as implement funding requests to support projects. as E In addition, the following two areas will be captured, based on existing ongoing local efforts. 6. Natural and Cultural Resources—Environment:This priority area will focus on how to integrate ongoing environmental and natural/cultural resource efforts and build a unified vision to balance environmental restoration and preservation with other community interests. as E 14 Packet Pg. 1345 D.2.a U 7. Health and Human Services — Unmet Human Needs: This priority area will focus on ongoing needs to support the health and wellbeing of members of the community, especially low- income residents and senior citizens,who experience challenges in the wake of a disaster. CD Task 1: Project Management Kick-Off Meeting and Detailed Project Management Plan 0 U The kick-off meeting will be held within 15 business days of contract execution, unless Monroe County and the South Florida Regional Planning Council determines that scheduling conflicts with key stakeholders do not allow for adequate participation. The purpose of this meeting is to discuss the CL CL project purpose, goals, deliverables, timeline and administrative details. At this meeting, the South Florida Regional Planning Council will detail to the Monroe County Project Management Team the project scope and project management timeline and receive feedback from kick-off meeting participants 0 on how to best proceed with the project. Monroe County will determine the membership of the Monroe a a County Project Management Team. The meeting may be conducted via conference call or in-person. Monroe County, in partnership with its municipal jurisdictions, will provide the audio communications technology to conduct conference calls. Deliverables: 1. Kick-Off Meeting Agenda 2. Kick-Off Meeting Summary 3. Project Management Plan Proposed Timeline: May 1,2019 Task 2: Summary of current local recovery plans, policies and status of disaster impacts and recovery activities to-date in Monroe County and its municipalities 04 Within five days of the kick-off meeting, the county and municipalities will send supporting recovery policies (including legal policies), procedures, administrative codes and after-action reports, which have guided post-disaster recovery and redevelopment to-date in Monroe County and its municipalities. This can include: CL L 1. Local comprehensive plan policies, 2. Local recovery plans, CL 3. Post-disaster recovery ordinances, 4. Housing strategies, and 3 5. Any other documents that the cities or counties feel are critical to include in post-disaster as recovery. E as as Within two-weeks of the kick-off meeting, the South Florida Regional Planning Council will prepare a Post-Disaster Analysis that includes the following sections: 1. Executive Summary of the Post-Disaster Analysis o 2. Analysis of current plans, policies and procedures which were inadequate to address post disaster recovery and will require revision 3. A summary of disaster impacts in Monroe County and its municipalities as E 15 Packet Pg. 1346 D.2.a U 4. A summary of current projects and programs that are underway to address disaster impacts. 5. A summary of remaining gaps and unmet needs 6. Recommendations for revisions to current plans and policies Deliverables: r_ Post-Disaster Analysis as Proposed Timeline: May 17, 2019 CL CL Task 3: Post-Disaster Recovery Strategy Stakeholder Group The South Florida Regional Planning Council will prepare a list of potential local and regional stakeholders to be included in each of the five-priority area working groups. This group will include g ° county and municipal staff as well as other leaders in the community from the private sector and non- profit community. Deliverables: List of Post-Disaster Recovery Strategy Stakeholder Group Members Proposed Timeline: May 17, 2019 Task 4: Draft Strategic Planning Workshop Session and Supporting Materials The South Florida Regional Planning Council will develop workshop support materials for each of the five priority area work groups.The focus areas, Finance and Administration, and Environment may not result in a separate working groups but will be supported through interagency coordination via conference calls. The workshop materials will include a summarized version of the Post-Disaster Analysis, outline of the PDRS, agenda, discussion questions and worksheets for each focus area, and an online survey 04 distributed in advance of the meeting. In addition, the South Florida Regional Planning Council will e prepare a detailed process agenda for the Monroe County Project Management Team that will describe meeting objectives, format and a script on how the meeting will be ran efficiently, with full participation of stakeholders to achieve defined meeting outcomes. CL L 0 Deliverables: CL 1. Process agenda 2. Outline of PDRS 3. Meeting agenda as E as as Proposed Timeline: May 29, 2019 U 0 Task 5:Workshop Preparation Coordination Call with Monroe County Project Management Team as The South Florida Regional Planning Council will conduct a conference call with the Monroe County Project Management Team to ensure that the workshop will meet all project goals. At least one week in as E 16 Packet Pg. 1347 D.2.a U advance of this meeting, the South Florida Regional Planning Council will provide a copy of a detailed process agenda to the Monroe County Project Management Team for review. Deliverable: 1. Meeting summary 0 U Proposed Timeline: May 29, 2019 as 0 CL Task 6: Strategic Planning Workshop CL Based on the input received from the Monroe County Project Management Team, the South Florida Regional Planning Council will finalize all meeting materials and carry out the on-site workshop with r_ stakeholders, as described in the process agenda. Following the meeting, the South Florida Regional g ° Planning Council will develop a summary of workshop outcomes to be included in the PDRS. Deliverables: 1. Summary of workshop outcomes Proposed Timeline:June 7, 2019 Task 7: Operational Recovery Support Functions Based on the ad hoc structure that was formed post-Hurricane Irma and guidance from FEMA's National Disaster Recovery Framework, the South Florida Regional Planning Council will develop operational recovery support functions (RSF) for Monroe County to be implemented in future disasters. This will memorialize the roles and responsibilities that many individuals played in the wake of Hurricane Irma, as well as build in best practices from FEMA's National Disaster Recovery Framework. Deliverables: 04 1. Draft Operational Recovery Support Functions with roles and responsibilities defined. Proposed Timeline: July 19, 2019 CL Task 8:Workshop Preparation Coordination Call with Monroe County Project Management Team and Proposed RSF leads CL At least one week in advance of this conference call, Monroe County will distribute the Draft Operational Recovery Support Functions to all proposed RSF leads for review and consideration. The 3 South Florida Regional Planning Council will then lead a conference call discussion to get buy-in from participants and solidify roles and responsibilities. as Deliverables: 1. Meeting Summary as Proposed Timeline:July 26, 2019 as E 17 Packet Pg. 1348 D.2.a U Task 9: Operational Recovery Support Functions Workshop The South Florida Regional Planning Council will facilitate a workshop with all RSF leads and RSF participants to describe roles and responsibilities in the post-disaster environment. This is meant to serve as an opportunity to introduce the way that this group can interact with the state and federal recovery support functions as well as allow all RSFs to understand how their role fits into the bigger picture of long-term recovery. as 0 CL Deliverables CL 1. Summary of workshop outcomes 7 r_ Proposed Timeline:August 9, 2019 g a a as Task 10: Draft Post-Disaster Recovery Strategy Based on the outline developed earlier in the project, along with the Post-Disaster Analysis and "CD D T_ feedback from the strategic planning session and Operational Recovery Support Functions, the South Florida Regional Planning Council will prepare the final Post-Disaster Recovery Strategy. This will include a detailed, prioritized list of site-specific projects, which will expedite recovery in Monroe County as well as a series of graphic tools to clearly and simply communicate the project priorities to a larger audience. For each project, the South Florida Regional Planning Council will develop implementation strategies including funding recommendations, if needed, as well as potential partners and an analysis of regulatory, political and environmental challenges. The plan will be developed in draft form for review by all stakeholders and final approval by the Monroe County Board of County Commissioners and its municipalities. Deliverables: 1. Draft Monroe County Post-Disaster Recovery Strategy in Word and PDF format. 04 2. Presentation of the Draft Plan to the PDRS Stakeholder followed by a presentation to the Monroe County Commission 3. Finalization of Plan CL Proposed Timeline: October 31, 2019 CL Print PDRP: The South Florida Regional Planning Council will reserve funding for professional printing of 3 an estimated 200 high quality bound final Post-Disaster Recovery Strategies that are color, two-sided and up to 100 pages in length. as TRAVEL: All travel is included in this $80,000. No reimbursement for travel will be requested. 0 as as E 18 Packet Pg. 1349 D.2.a ATTACHMENT 2 0 Task Delivery and Payment Schedule The compensation associated with this Scope of Services is$ 80,000 and shall be distributed as follows: 0 0 Upon delivery and acceptance of Tasks 1—5 $ 32,000 Upon delivery and acceptance of Tasks 6—7 $ 16,000 CL Upon delivery and acceptance of Tasks 8—9 $ 16,000 CL Upon delivery and acceptance of Task 10 $ 16,000 a 0 a as 04 OL e e 0 OL (D E (D 2 qb (D E 19 Packet Pg. 1350 D.2.b �� BOARD OF COUNTY COMMISSIONERS County of Monroe °l Mayor Sylvia J.Murphy,District 5 The Florida Keys Mayor Pro TernDanny L.Kolhage,District 1 �f Michelle Coldiron,District 2 0 Heather Carruthers,District 3 f!5 David Rice,District 4 a April 2, 2019 0 H. Philip Paradice, Jr., Regional Director Atlanta Regional Office Economic Development Administration 401 West Peachtree Street, NW, Suite 1820 Atlanta, Georgia 30308-3510 RE: Award # 04-69-07349, Financial Assistance Award Dear Mr. Paradice; Monroe County is hereby requesting approval to partner with the South Florida Regional Planning Council (SFRPC) to draft the Post Disaster Recovery Strategy (PDRS) for Monroe County which is funded through this grant. Section 186.505, Florida Statutes, provides that the SFRPC may enter into contracts to provide, at cost, such services related to its responsibilities as may be requested by local governments or organizations within the region and which the SFRPC finds feasible to LU perform. I- 4- The SFRPC is Monroe County's "Planning Organization," receiving annual EDA planning funding to develop a Comprehensive Economic Development Strategy (CEDS) for the District and to carry E out a program of planning and technical assistance for member local governments in creating and/or retaining jobs. The SFRPC has specialized knowledge in all elements of the local government, community, and economy that are vital to this project. The Economic Recovery of Business and Tourism Section of the Disaster Recovery Strategy is the essential component that binds all other components including housing, infrastructure, environment, and human needs. With this specialized expertise, the SFRPC is closely aligned with the goals and objectives of this project. Monroe County, hereby, requests approval from EDA to allow a non-competitive inter-local agreement to be entered into and executed with the SFRPC to complete the Scope of Work which was funded through this grant agreement. Please notify me if additional information is needed. 0 Sincerely, Cr IEM Helene Wetherington, Disaster Recovery Director Monroe County Regional Service Center 2798 Overseas Highway Marathon, Florida 33050 Mobile: 305 504 3036 Email:Wetherington-Helene@MonroeCounty-FL.Gov C Gregory Vaday, AICP, EDA Representative Packet Pg. 1351 D.2.c UNITED STATES DEPARTMENT OF COMMERCE w 1 Economic Development Administration Atlanta Regional Office _ der to 1 B20 t� 401 v us P a urea it s e, Tat , Fl ' °. t!rauntaa, Georgian �lE���aw B-w���`101 0 MAR �� l 0 dru rc"drld,refer loa dnveaastnaent No, 04-69-07.,49 E r- 12 a. Ms. Ilelene wedierington D7 satster Rccm.recry Director o "Aarrrsae C':orrurtw 1 100 usrraank.rrr dstr•eeq� � K2e e°rsrt, florida 330-40-57dTt -IOU Dear N/ds. Wetherrin tmv t� I am pleased to prrdiarrru you tgrat Q Deprar�araerrt Wiarrri racer".as fa`assruaarn& I)usvelradrrncw A drxrdrras mi n 0 (IMA) has approved your agrlrpicatdruru Rw a S od Nfd l;l:)A irbvesuneni to 5iupport be completion ofat Post Disaster n y Recovery trarte�,ya d1 p.tle E(ar ttre r"aalsrrarW CaaLJraty .� E'nclarsed are two sigrred carlrres of We Fdrrarrciad Assoratame° Marti. `r°OUr an',,r•e:eIrrent to the tears and � conditions of the °aWWA stirs ul d be K dicarrM by the° sraaramture of ycutur p°r&rerla;rd officinal on eateh Wthe srgre°ad crada,les � of t@'re° f pmncral As,sistaracrer Ars.rral. (kw of the executed ceapates sdaerngsd be rc°trunw d to H 1'IrHQ Par.aedke, Jr., Rq-jarnaal Director, AiLuntu Re p ar wri f)nice, p ecrraomic° d.)eaelcprrrrcnt Administration,401 West Peachtree Street, 0 1° MA `Brame° 18M, Mhams (resar Q +0308-335 10. If mart Qaesd aurar„d oetranw d cKWhi 30 dys ofrme# MA rraav U edecd;are the ,^aresuml null aarrcd void, IT Pkme do treat rruat;e aarq ¢::rarramrtnorntaa in redtance ssru tppE auasared nrrtud)eaua have caareRdly reviewed arncd � accepted the terrns named con dptiaaray A, corxtmutrunts emerecd urrtar parioir to crhtarning the ap pro.vard arf'El:M in 0 aeasaralaumccr aaith rt�S rep1rtd11iarrr; Arad reegruurerunents NOH be,at eouur own risk. � haDAV nudmOn Q tsr Ind the peedwA ecararsrrndc adeaedeaprnuent a gemeda drta prrsrrapming dnneawatkm arrsl � eaarrapsetrtrccne°ss' Prep arirrg Arnerricaarr re^tp,ps,arus t'a.rrgrowth anal smwses irate ^aaarrr'dcilstiiele eecerrrr,ng, IMA drrrdrdemerrts � dw; ruaussion b. ni,,Auaa ,trace;^,re° drasestmol n the taaatitm's mom ecaMerraardcalls cdistuvssered communities that crrcererraage prtaa,aW seetsW Caaldaakr(rraatissm arrcl <r'e°;rtWn a rhypkr-sf;ipd higlwr "age ON. El")t't investrrresrts arse rea,arh.s � Man e°rrrdamcine,tdre prrroxtiles of te°a:larroB+ag aal innovation entre°prrenecurshrpr and regional develcrlrrarerat. � I shame ycr w e`epaectaataons rcad.arrAWg the inrdmo of thu., invemm e rr and loud, flor"sward to uaacrrlsing with you taa man the° eovrrrr nic development rueeed, srd`gour cerratrruwnd't' U rdaarcerebs, I'd. dada AP Paraa.ficu Jr. > Re,erarraa¢d D�re°ctcrr 1�nc;lsassares: Faami( ) 450 I hlamiaap Assn",tarry :° A%sm'd (2) � Attaeprsrrew a1 De;praartrraem asfti,"ersauruac°me dauraarrc;uarll Wwaance• MAW Orrrrs U and d 4'on ditaesm s, &0. wd Oc°tor,,r °r•9, ?rt p 8 � ttaaiprrauerat tit spreck'4e /'Waarrd Conditions Attachment u: , l.dne lteaedwQl dtea-n � ttdt) 1"raMtfAraaure°riess I'radnin,,,,, � ACC Verns,�daar r;cre°Haarera.rUs Payment h:r roilr tent Foray°a c U Packet Pg. 1352 0 PORN I CD-450 I DEPARTMENT OF COMMERCE (REV +01 ,i 2 GRANT 13COOPERATIVEAGREE9aIENT FEDERAL AWARD ID NUMBER AWA FINIAA, NCIALAS'%"*')'ISTANf%%OEIA ARD 04-691-07349 RECIPIENT NAME PERIOD OF PERFORMANCE IL IMonroe County 1 mranf"hs after date of EDA approval .2 STREET ADDRESS FEDERAL SHARE OF COST 1100 Simonton Street 80,0 0 CITY,STATE,ZW CODE RECIPIENT SHARE OF COST "0 Key West,FL 33040-5714 20,000.00 Atithor" 70—TALF-STUTED COST 0 Public Works&Econornic Development Act of 1965,as amended(42 U,S,C, 3121,cf.Seq 1 00,0kO�01.0VO (n CIFOA NO,AND NAME 11.307 Economic Adjustrivent Program PROJECT TITLE Post Disaster Recovery Strategy ........... This Award document iForhi CD-45101N sigined by ffie Grards Officer conslItutes ari obligatiion of FeneraI funding.By signing this Form CD450,the 0 Recipient agrees to comply with the Award provisions,chocked below and attached Upon acceptance by the,Recipient,the Form CD-450 must be signed by an authorized representative o,f the Recipient and returned to the Grants Officer,if not signed and returned without modification by the Reciprent within 30 days of receipt,the Grants Officer may urfilaterany withdraw this offer and de-obligate the funds ........... ...... U) ED DEPARTMENT OF COMMERCE FINANCIAL ASSISTANCE STANDAROTERMS AND CONDITIONS(09 October 2018)(Attar meat.A) 0 0 R&D AWARD 4) 0 0 FEDERAL-WiDE RESEARCH TERMS AND,CONDGTIONS,AS ADOPTED BY THE DEPT.OF COMMERCE L- Eli SPECIAL AWARD CONDITIONS(See Attachment 8), 1E UNIE,ITEM BUDGET(See Attachment Cg [R] 2 CFR PART 200,UNIFORM ADMINISTRATIVE REQUIREMENTS,COST PRINCIPLES AND AUDIT REQUIREMENTS AS ADOPTED PURSUANT TO 2 CFR§1327.101 563 48 CFR PART 31,CONTRACT COST PWNCiPLES,ANIL)PROCECRJRES 0 MULTI-YEAR AWARD:(PLEASE SEE THE MULTIYEAR SPECIAL AWARD CON IDf TION, 0 OTHER(S)! .......... ISIGNATURE OF DEPARTMENT OF COMMERCE GRANTS OFFICER DATE IL——--------—---- H,Philip Paradice,Jlr,, Director,Atlanta Re ........ PRINTED NAM E,,PRINTED TI TLE,AND SIGNATURE OF AUTHORIZED RECIP11 EN T OFFICIAL DATE lRosman Gastesi,County Administrator,Monroe Craton E Packet Pg. 1353 Attachment B U.S, DEPARTMENT OF COMMERCE U Economic Development Administration 0 SPECIFIC AWARD CONDITIONS Recipient: Monroe County 1100 Simonton Street 9L Key West, Florida 33040-5714 Award No.: 04-69-07349 1. PROJECT: This investment supports the development of a comprehensive Post Disaster Recovery .2 Strategy (PDRS)for Monroe County. The goal of the PDRS is to help Monroe County buiid a stronger, U- safer and resilient community post Hurricane InTia, 0 Cn 2. PROJECT DEVELOPMENT TIME SCHI:ED ULE:The Recipient agrees to the following Project development tirne schedule: Time aflowed in IFinanciall Assistance Award after IEDA Award daite: U Award Period ..... .... ... ....... ......--.......—.—...... 12 moriths 0 Project Closeout - All Project closeout documents including,the final financial information and U any required program, reports shall be submitted to the Government not more than 90 days after the date the Recipient accepts the completed project form the contractor(s), LO r- The Recipient shall pursue diligenfly the clevOlopirnent of the Project so as to ensure compietion 0 U within this time schedule. Moreover, the Recipient shall notify the Government in writing of any event which, could delay substantially the achievernent of the Project within the prescribed time > 0 limits, The Recipient further acknowledges that faiiUre to meet the devOopment time schedule CL CL may result in the Governaient's taking action to terminate the Award in accordance with the < regulations set forth at 2 CFR § 200,33,8, 3. PROCUREMENT:The Recipient agrees that all procurement transactions shall be in accordance with E Department of Commerce Regulations at 2 CFR § 200.317, U 4, GRANT ADMIIINIISTRATOR:The Grant Administrator for the Project is: H. Philip Paradice,Jr, Director, Atlanta Region Economic Development Administration > 5, The FEDERAL PROGRAM OFFICER is responsible for the programmatic, technical, and/or scientific aspects of this Award: U Lee H. Mertins 9L 'a E Area Director M Econornic Development Administration 3: Atlanta, Regional' Office (404) 730-3015 Irnerti4ltedovE Award # 04-69-07349 Page 1 Packet Pg. 1354 6. The PROJECT OFFICER is responsible for administrative coordination and liaison with the Recipient, This individual receives appropriate material from the Recipient for administrative processing. The U Program Officer's narne, address, telephone number, and er'nail address are:� 0 Joy Wilkins Program Analyst Economic Development Adrnklistration 9L 401 West Peachtree Street, NW, Suite 1820, Atlanta, Georgia 30308-3510 404-730-3,017 Lw Q_v 2 7. AWARD DISBURSEMENTS: Reimbuirs,able basis onily: EDA will make Award payments using the .2 U_ Department of Treasury's,Automated Standard Application for Payments (ASAP) system. The recipient is required to furnish documentation as reqUlred by ASAP including but not limited to 0 Cn Recipient and Requestor Identification Numbers. Complete information concerning the ASAP systern rilay be obtained by visiting The "Request for Reimbursement" (SF-270) is used to request payment, wMch will be approved by U the Project Officer, Please note that disbursements cannot be processed until the attached Standard Form 3881, AGH Vendor/Miscellaneous Payment Enrollment Form is completed and returned. The 0 form must be completed by the respective parties (EDA, Recipient Bank, and Recipient). A new form U is required for each Award. Return the completed form with, the executed Awaird documents to this Project Officer at Economic Development Administration, 4011 West Peachtree Street, N.W,, Suite 1820, Atlanta, Georgia 30308-3510. 0 U M & REAFFIR '1ATIONI OF APPLICATION: Recipients) acknowledges that Recipient's application for this Award may have been submitted to the Government and signed by Recipient(s), or by an authorized 0- CL representative of Recipient, electronically, Regardless of the means by which Recipienit(s), submitted CL its application to the Government or whether Recipient or an authorized representative of Recipient submitted its application to the Government, Recipient(s) hereby reaffirms and state that a.)all data in said application and documents submitted with the application are true and correct as of the date E of this Award! and were true and correct as of the,date of said submission, b.) said application was as of the date of this Award and as of the date of said application duly authorized as required by local U law by the governing body of the Recipients)and c.) Recipient(s) confirms that it will comply with < the Assurances and, Certifications subm ttecl with, or attached to, said application, The term 3: application" includes all clOCUmentaflon and any information provided to the Government as part of, and in furtherance to, the request for funding, illCkiding submissions madle in response to 3: information requested by the Government after submission of the initial application, > 9. RECIPIENT'S DUTY TO REFRAIN FROM EMPLOYING CERTAIN GOVERNMENT EMPLOYEES: For the two-year period beginning on the date the Government executes this Award, the Recipient(s) agrees U M that it will not employ, offer any office or employment to, or retain for professional services any 9L person who, on the date the Government executes this Award or wfthin the one-year period ending on that date: 3: a. Served as an officer, attorney, agent, or employee, of the Government; and b. Occupied a position or engaged in acti0ties that the Assistant Secretary determines E involved discretion with respect to the Award of investment Assistance under PWEDA. U ........... < Award # 04-69-07349 Page 2 Packet Pg. 1355 The two-year pe6od and associaited restrictions referenced above also shaH apply beginning on the date the Government executes airy cost amendment to this Award that provides additional funds to the Rec#ent(s), 0 U cm 10. FREEDOM OF INFORMATION ACT (FOIA): EDA is respcinsible for meeting its Freedom of Information Act (Ft IA) (S U S,C, § 522) responsibilities for iits records, DO C regulations at 15 CFR Part 4 set forth the requirements and procedUres, that EIDA mLJSt f0HOW irl order to make the requested nrater'W, IL information, and records pubiicly available. Unless prohibilted by law and to the extent required under the FOIA, contents of applications and other information submitted by applicants rnay be released in response to a FOiA reqUf2st, Applicants should be aware that EDA may make certain application information publiciy avadable, Accordingly, the applicant should notify EDA if it believes any application information to be confidential. U_ 11. SCOPE OF WORK: Recipient(s) agrees to undertake, prosecute and corriplete the Scope of Work (SOW) for this Project funded by this Awand which SOW is approved and agreed to by the 0 Gov,ernn"ient as subsequently arriended in Mutually agreed upon written change order(s) and/or SOW arnendr7ient(s), if any, The SOW shell be as set forth and described in a,.) the application suibmitted by Recipient(s) and/or Recipient's authorized representative(s)to the Government for, this Award together wnth b.) aH enclosures„ materials, dOCUrrients aind other submittals accompanying a!nd supporting the apphicatrion, c.) aH additional materials, documents and/or correspondence requested by the Governrnent and SUlDn'i4ted by Recipient(s) and/or Recipient's 0 authorized representative(s) in support and furtherance of the apphcation and d.) such change(s) arid/or SOW amendments, if any, requested in writing by the Recipient(s) and/or Recipient's authorized representative subsequent to the date of this Award and approved and agreed to in writing by the Government. To the extent such additronall materials, documents anid/or 0 correspondence amends and/or clarifies the apphcation, such arriendment or clarification shall be controlling. it is agreed thiat the Recipuent(s) and Government intend that.the SOW describes a discrete, detaked arid) specific project, that is funded anc.1 au0,iorized by this Award and to that end 0 91 the, application and the above described additional information shall be faiirly construed to arid shall CL describe the SOW. As more particularly described in the item B-2 of the ED-90 O of the grantee's applicatuon, E 12. REFUND CHECKS, INTEREST OR UN,U'SED FUNDS: Treasury has given the FDA two options for having payments deposited to Our account with it: The first one is Pay.Gov. This option allows the payee to pay EDA through the Internet, The payee wiH have the option to rnake a one-tir'ne payrnent or to, set Lip an account to make regular payments. The second option is Paper Check conversi,on, All checks must identify on their face the narne of thie DOD agency funding the award, award number, and no more than a two-word description 'to identify the reason for the refUnd or check, A copy of the check should be provided to the Federal Project Officer. This option aiiolws the payee to send a check to NOAA's accounting IL office, who processes EDA's accounting functuoris at the fokowing address: U1 S. Department of CWTir'nerce, Natior4 Oceanic and Atmiosphe6c Adrninistrallon,, Finance Office, AOD, EDA Grants, 20020 Century Boulevard, Germantown, MD 20874,, The aCCOLAFIthIg staff will scan the checks in encrypted fHe to the Federal Reserve Bank, and the funds will be deposited in EDA's accourit, E While this process wiH not Ible an issue with rnost payees who are corporations, it could be an, issue for individuals, sending EDA funds. Please rnake note of the following. Award # 04-69-07349 Page 3 Packet Pg. 1356 Niotice to Customers Making Payrnent by Check 0 lf you send Et A a check, it will be converted into an electronic funds transfer by copying your chock andi using the account information on, it.to electronically debit your account for the arTIOU11t of the check. The det)it forma your account wifl usuialiy occur within 24 hours and will appear on your regular account staterrient. 9L You wM ri(.,)t receive your originai check baick. YOUr original check will be destroyed, but a copy of it wiil be maintajned ir) our Office, if the EFT canriot Ibe processed for techniicai reasons, the copy will be processed in place of the origir4i cheick, if the EFT cannot be complieted because of insufficient funds, we wid charge you a one-firne fee of$2S 00, which will be icoliected by EFT, .2 LL M 13. WASTE, FRAUD AND AB SE: Consistent with 2 CFR part 200, Recipient pleirsonnel responsible for managing the Recipient's finances arid overseeing any contractors, sub contractors or sub-grantees„ 0 Cn will corriplete the training PowierP&int entifled "Complia rice with EDA Disaster Assistance Program, Requirements" and return the signed Certificate of Trairiing Cornpletion (page 381 to EDA along with the signed CD-450 withirn 30 days of receipt U Further, Rebpient w0i rnoifltor award activities for COMMOru fraud schernes, Such as: 0 U • false claims for rnateriais a nd Nabor', • bribes reiaited to the acquisition of vnaterWs and labor, U) r_ 0 U • product substitution, • fl`IiSMarkNng or rnisiabefing on prodUcts arid rnaterWs, and 0 CL CL • time and rrvaterWs overcharging. Should Recipient detect any suspi6ous activity, Recipient Mi contact EDA staff listed above and the E Office of lnspector General, as nndicated at s as as M soon as possible. 14. IN-KIND CONFIRMATIOW No hater than fifteen (15) days prior to submerging a Finali Disbursement (1) r_ Request, the Recipient agrees to: provide ,a final accounting of the in-kind match showing a [,)reakdown of expenses rnciuding hours per, individual and hourly crates. The Government Mil have 3: the right to seek addition,al back-up iJjform r > ation for ail in-O)d statements provided by the Recipient. U M 9L E M Award 04-69-017349 Page 4 Packet Pg. 1357 D.2.c Attachment C Line Item Budget Monroe County 04-69-07349 Personnel $20,000 Fringe Benefits Travel Supplies Contractual $80,000 ° Total Direct Charges $100,000 0 Total $100,000 r- 0 0 ° Packet Pg. 1358