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
May 22, 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
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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
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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:
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STAFF RECOMMENDATION: APPROVAL OF CONTRACT WITH SOUTH FLORIDA
REGIONAL PLANNING COUNCIL(SFRPC)
DOCUMENTATION:
EXECUTED AND STAMPED Interlocal Agreement with SFRPC for PDRS (5 2 2019)
Economic Development Administration approval dated 4/2/2019
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:
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Helene Wetherington Completed 03/05/2019 1:27 PM
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 Completed 04/17/2019 9:00 AM
Board of County Commissioners Pending 05/22/2019 9:00 AM
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INTER-LOCAL AGREEMENT
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THIS INTERLOCAL AGREEMENT (ILA) is entered into as of this 22nd day of May, 2019, between
Monroe County, a political subdivision of the State of Florida (COUNTY) and the South Florida Regional 0
Planning Council (SFRPC), a state regional planning agency.
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WITNESSETH:
WHEREAS, the SFRPC was created pursuant to Section 186.501, Florida Statutes (1982), as
amended and known as the "Florida Regional Planning Council Act" (the "ACT"); and CL
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WHEREAS, Section 186.505, Florida Statutes, provides that the SFRPC may enter into contracts cv
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 2
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WHEREAS, the COUNTY desires to hire the SFRPC to provide professional services to develop a
Post Disaster Recovery Strategy(PDRS)for Monroe County; and
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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 0
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:
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 o
incorporated by reference. The term of the ILA is May 22, 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 U
pursuant to the Local Government Prompt Payment Act. The Task Delivery and Payment Schedule is
found in Attachment 2.
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Section 4.Termination of Inter-local Agreement
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.
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
COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this
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agreement for cause with SFRPC should SFRPC fail to perform the covenants herein contained at CL
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 cv
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 2
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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 `d
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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,
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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 4-
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 Us
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
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 S. Maintenance of Records. SFRPC shall maintain all books, records, and documents directly o
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 seven 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 U
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.
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Section 6. Employees Subject to County Ordinance Nos.010 and 020-1990. The SFRPC warrants that
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 75
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.
Section 7. Convicted Vendor. A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid on a ILA to provide any goods or CL
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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 cv
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 2
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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,
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vehicle liability, and Workers' Compensation insurance, or is self-insured, in amounts adequate to LO
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 or designee
Disaster Recovery Director Executive Director
Monroe County Regional Service Center South Florida Regional Planning Council
2798 Overseas Highway 1Oakwood Boulevard, Suite 250
Marathon, FL 33050 Hollywood, Florida 33020
Section 10. Governing Law, Interpretation, Costs, and Fees. This Agreement shall be governed by o
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 U
Agreement is not subject to arbitration.
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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
extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions
of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and
provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law
unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement
would prevent the accomplishment of the original intent of this Agreement. The COUNTY and 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.
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Section 14. Attorney's Fees and Costs. The COUNTY and SFRPC agree that in the event any cause of CL
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, cv
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 2
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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.
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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.
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Section 16. Authority. Each party represents and warrants to the other that the execution, delivery U
and performance of this Agreement have been duly authorized by all necessary COUNTY and corporate 0.
action, as required by law. Us
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
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
disputes and disagreements shall be attempted to be resolved by meet and confer sessions between o
representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of
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.
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. U
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
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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
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- 0
352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the
Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC
s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975,
as amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug
Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the
basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and CL
Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol S
abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and cv
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, U)
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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, `d
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familial status or age; and 11) Any other nondiscrimination provisions in any Federal or state statutes LO
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 cis
Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C,
agrees as follows:
1) The SFRPC will not discriminate against any employee or applicant for employment because of 0
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
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;
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 0.
employment, notices to be provided by the contracting officer setting forth the provisions of this
nondiscrimination clause.
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. U
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3) The SFRPC will not discharge or in any other manner discriminate against any employee or
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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
provision shall not apply to instances in which an employee who has access to the compensation
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
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.
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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
commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post .2
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 gj
the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
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7) In the event of the SFRPC's non-compliance with the nondiscrimination clauses of this contract
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
Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as
otherwise provided by law.
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
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 U
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.
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Section 21. Covenant of No Interest. COUNTY and SFRPC covenant that neither presently has any
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 0
recited in this Agreement.
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,
solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation;
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misuse of public position, conflicting employment or contractual relationship; and disclosure or use of CL
certain information.
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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 2
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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 `d
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COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset LO
from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
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Section 24. Public Access. The COUNTY and SFRPC shall allow and permit reasonable access to, and U
inspection of, all documents, papers, letters or other materials in its possession or under its control 0.
subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and Us
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.
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. o
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,
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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.
Section 27. Legal Obligations and Responsibilities. Non-Delegation of Constitutional or Statutory U
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
timely performance thereof by any participating entity, in which case the performance may be offered
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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,
except to the extent permitted by the Florida constitution, state statute, and case law.
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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
have the authority to inform, counsel, or otherwise indicate that any particular individual or group of
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. CL
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.
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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
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execution of this Agreement. LO
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 signing 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
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 o
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
or any other contract.
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Section 34. E-Verify System. The SFRPC shall utilize the U.S. Department of Homeland Security's E-
Verif system to verify the employment eli eligibility of all new employees hired b the SFRPC during the
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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
during the Contract term.
Section 35. Federal Contract Requirements. The SFRPC and its subcontractors must follow the ..
provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R.
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Part 200, as amended, including but not limited to:
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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 0
Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security
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
Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In
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 CL
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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
each solicitation. The decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage determination. The COUNTY must report all suspected or reported violations to 2
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 N
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.
(2) Subcontracts. The SFRPC or subcontractor shall insert in any subcontracts the clause above and E
such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring
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.
(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.
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, which 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 U
the worker is compensated at a rate of not less 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
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to construction work and provide 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.
Rights to Inventions Made Under a. Contract or Agreement. If the Federal award meets the definition of U)
"funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a 0
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 o
agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, CL
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"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government <
Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the
awarding agency.
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Clean Air Act 42 U.S.C. 7401-7671 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 LO
Control Act (33 U.S.C. 1251-1387), as amended—applies to Contracts and subgrants of amounts in
excess of$150,000.
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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 Executive
Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 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. as
Bird Anti-Lobb in Amendment '1 U.S.C. 1352,— Any entity that applies or bids for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it 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. 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. cis
Compliance with Procurement of recovered materials as set forth in 2 CFR § 200.322. As applicable, the
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
designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain W
the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory
level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity
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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 identified in the EPA guidelines.
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Americans with Disabilities. Act of 1990 as amended ADA — The SFRPC will comply with all the
requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and
the assurance by the SFRPC pursuant thereto.
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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 Agreement. The CL
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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 U)
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. N
2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES WO MEWS 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 ooassible.
b.Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business enterprises on solicitation
lists;
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(2) Assuring that small and minority businesses, and women's business enterprises are solicited
whenever they are potential sources;
(3) Dividing total requirements,when economicali feasible, into smaller tasks or quantities to permit
maximum participation by small and minority businesses,and women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage participation by
small and minority businesses,and women's business enterprises;
(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.
Section 36. 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 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, 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)
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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 Project;(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial
inability to perform, changes in cost or availability of materials, components, or services, market 0
conditions, or 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 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 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 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. 91
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IN I S each party hereto has caused this Agreement to be execute my its
authorized representative.
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(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK,CLERK OF MONROE COUNTY, FLORIDA
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DeputyCL
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By- By
Clerk Mayor/Chairman
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(SEAL) >
Attest:
South Florida Regional Planning Council
Isabel Cosio Carballo, MPA
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Tina w Title Executive Director.SFf�PC
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AiPPR()VEF)A'S TO FORM API"ROVED AS 1"0 FORM
---------------------------------------
COUNTY ATT RINEY'S OFFICE SAMUEL,S.,Ot;DREN, ESQ.
MONROE COUNTY ATTORNEY General Counsel to SFRPC
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CIiRISTIAfE LMERT=BARROWS
ASSISTANT Ott ATTORNEY
DATE �r
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ATTACHMENT 1
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Monroe County Post-Disaster Recovery Strategy
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Scope of Services and Timeline
The Monroe County Post-Disaster Recovery Strategy (PDRS) will serve as a comprehensive strategy to U)
guide major long-term recovery projects and priorities for the county and its municipal jurisdictions 0
including the cities of Key West, Marathon, Key Colony Beach, Layton and the Village of Islamorada.This
strategy will reflect the guidance and best practices provided by the State of Florida, Federal Emergency o
Management Agency and the American Planning Association. This strategy will address the following CL
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five priority areas for the recovery of Hurricane Irma as well as set up operational functions for future
disasters.
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1. Community Planning and Capacity Building: This priority area will focus on current ongoing
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
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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
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the community and build strategies for addressing the needs of residents in the post-disaster is
environment. It will also build an operational component for addressing temporary housing
needs in the wake of future disasters.
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4. Infrastructure Systems: This priority area will focus on the opportunity to build resilience and
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
resilient water supply infrastructure and exploring alternative transportation options. o
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 0.
implement funding requests to support projects.
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 W
balance environmental restoration and preservation with other community interests.
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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.
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Task 1: Project Management Kick-Off Meeting and Detailed Project Management Plan
The kick-off meeting will be held within 15 business days of contract execution, unless Monroe County
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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
project purpose, goals, deliverables, timeline and administrative details. At this meeting, the South
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Florida Regional Planning Council will detail to the Monroe County Project Management Team the CL
project scope and project management timeline and receive feedback from kick-off meeting participants
on how to best proceed with the project. Monroe County will determine the membership of the Monroe
County Project Management Team. The meeting may be conducted via conference call or in-person. g
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Monroe County, in partnership with its municipal jurisdictions, will provide the audio communications
technology to conduct conference calls.
Deliverables:
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1. Kick-Off Meeting Agenda
2. Kick-Off Meeting Summary
3. Project Management Plan
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Proposed Timeline: May 23—June 1, 2019 �3
Task 2: Draft Summary of current local recovery plans, policies and status of disaster impacts and
recovery activities to-date in Monroe County and its municipalities
Within five days of the kick-off meeting, the county and municipalities will send supporting recovery E
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:
1. Local comprehensive plan policies, o
2. Local recovery plans,
3. Post-disaster recovery ordinances,
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4. Housing strategies, and
5. Any other documents that the cities or counties feel are critical to include in post-disaster
recovery. cis
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: LU
1. Executive Summary of the Post-Disaster Analysis
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2. Analysis of current plans, policies and procedures which were inadequate to address post
disaster recovery and will require revision LU
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3. A summary of disaster impacts in Monroe County and its municipalities
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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:
Post-Disaster Analysis
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Proposed Timeline: June 14, 2019
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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
county and municipal staff as well as other leaders in the community from the private sector and non-
profit community. 2
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Deliverables:
List of Post-Disaster Recovery Strategy Stakeholder Group Members
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Nero osed Timeline: May 29, 2019
Task 4: Draft Strategic Planning Workshop Session and Supporting Materials
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The South Florida Regional Planning Council will develop workshop support materials for each of the five t3
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
distributed in advance of the meeting. In addition, the South Florida Regional Planning Council will
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.
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Deliverables:
1. Process agenda
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2. Outline of PDRS
3. Meeting agenda
Pr000sd imeliroe: May 29, 2019
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Task 5:Workshop Preparation Coordination Call with Monroe County Project Management Team
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The South Florida Regional Planning Council will conduct a conference call with the Monroe County
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Project Management Team to ensure that the workshop will meet all project goals. At least one week in
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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.
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Deliverable:
1. Meeting summary
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Proposed Timeline: May 29, 2019
Task 6: Strategic Planning Workshop
Based on the input received from the Monroe County Project Management Team, the South Florida CL
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Regional Planning Council will finalize all meeting materials and carry out the on-site workshop with
stakeholders, as described in the process agenda. Following the meeting, the South Florida Regional l
Planning Council will develop a summary of workshop outcomes to be included in the PDRS. The
workshop is currently scheduled for June 3, 2019 in Marathon, Florida. 2
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Deliverables:
1. Attend workshop and provide summary of workshop outcomes
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Pro Deed Timelines: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:
1. Draft Operational Recovery Support Functions with roles and responsibilities defined,.
Proposed Timeline July 19, 2019
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Task 8: Workshop Preparation Coordination Call with Monroe County Project Management Team and
Proposed RSF leads
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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
South Florida Regional Planning Council will then lead a conference call discussion to get buy-in from
participants and solidify roles and responsibilities.
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Deliverables:
1. Meeting SummaryLU
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Proposed Timeline:July 26, 2019
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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. 0
Deliverables
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1. Summary of workshop outcomes CL
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Proposed Timeline: August 9, 2019
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Task 10: Draft Post-Disaster Recovery Strategy 2
Based on the outline developed earlier in the project, along with the Post-Disaster Analysis and
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
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a detailed, prioritized list of site-specific projects, which will expedite recovery in Monroe County as well cv
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.
2. Presentation of the Draft Plan to the PDRS Stakeholder followed by a presentation to the E
Monroe County Commission
3. Finalization of Plan
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roused Timeline:October 31, 2019
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Print PDRP: The South Florida Regional Planning Council will reserve funding for professional printing of
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an estimated 200 bound final Post-Disaster Recovery Strategies that are color, two-sided and up to 100
pages in length.
In person meetings, as coordinated by the Count : Consultant will attend in person meetings before the
public, special interest groups, Board of County Commissioners or other groups, as coordinated by the
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County, for all tasks included in this phase for$2000 per meeting per person.
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The total fee for travel shall not exceed $8,000.00LU
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ATTACHMENT 2
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Task Delivery and Payment Schedule
This is a fee/deliverables-based contract:
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Task 1: Project Management Kick-Off Meeting and Detailed Project May 23—June 1, $4,535.00
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Management Plan 2019--m- .... .... ....�..�. _-_d _—
Task 2: Summary of current local recovery plans, policies and status of $15,040.00 CL
disaster impacts and recovery activities to-date in its municipalities June 14,2019
Task 3 P y gy.........k ......e p Y , � .. � , cv
Post-Disaster Recover Strategy Stakeholder Grou May 29 2019 $2 625.00
Task 4: Draft Strategic Planning Workshop Session and Supporting $5,490.00
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Materials _ May 29, 2019 A
Task 5:Pr Workshop
Project Management nt Team May
Coordination Call with Monroe Countym 0
Ma 29 2019 $1,910.00 0
Preparation
J �e �m y... , _ 1
Task 6: Strategic Planning Workshop (scheduled June 3, 2019) June 7, 2019 $10,265.00
Task 7: Operational Recovery.. ����.... .... ... ........ .��........��......._�....._.._..........�_ 6
Support Functions July 19, 2019 $4,535.00
� ... ...............
..........._.-............................................ ...�__aa_-
Task 8: Workshop Preparation Coordination Call with Monroe County $1,885.00 L
Project Management Team and Proposed RSF Leads July 26, 2019
Task 9: Operational Recovery Support Functions Workshop... _ _
... ...
August 9 2019 $6,365.00
Task 10: Draft Post-Disaster Recovery Strategy No later than $14,950.00
October 31, 2019 _._................... t3
SUBTOTALI _ m ........... $67,600.00
Estimated Travel ** As incurred $7 500 00
Estimated Graphics Support/Print/Delivery of 200 bound copies ** As incurred $4,000.00
Miscellaneous ** ..As incurred__ �_....._�......�� $...........................mw900.00
...
.............................
.. ...�.�.�.......... w .... -.�.-.— —_w
** Resources in these lines may be used in similarly starred lines to
address shortfalls if needed. 0....._... _. .. .....
TOTAL $80,000.00
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r� BOARD Off"COUNTY T"'Y' COMMISSIONERSCounty of Monroe Mayor Sylvia J. Murphy, District 5
The Florida Keys Mayor Pro"I errr I)annc I Kolkrage, District I �
"v1as.Erv.k Coldirrrnr. District 2 �
heath r C arrnahers, D mri t 3 M
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April) 2, 20 19
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H. Philip Paradice, Jr., Regional Director Cn
Atlanta Regional Office
Economic Development Administration
401 "west Peachtree Street„ NW, Suite 1820
Atlanta, Georgia 303 8-3819
RE: Award 04-891-07349, Financial Assistance Award
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Gear Mr, P'arad'iceq
Monroe County is hereby requesting approval to partner with the South Florida Regional Planning) 0
Council (SFRPC) to draft the Post Disaster Recovery Strategy (Pl3RS) for Monroe County which its
funcled through this grant. Section 186.505, Florida Statutes„ provides that the SFRPC may enter
into contracts to provide, at costs such services related to its responsibilities as may be requested
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by local governments or organizations within the region and which the SFRPC finds feasible to CL
perform,
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 04
out a (program of planning and technical assistance for member local) governments in creating
and/or retainiing jobs. The SFRPC has specialized knowledge in all elements of the local
governmient, community, and economy that are vital to this project.
The Economic Recovery of Euisiness and Tourism Section of the Disaster Recovery Strategy its the
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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.
An
Monroe County, hereby, request approval from EDA to allow a non-competitiive inter-Vocal)
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.
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Sincerely„
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Helene Wetheirington, EIM � � � U
Disaster Recovery erector
Monroe County Regionia9 Service Center E
2798 Overseas Highway
Marathon, Florida 3393
Mcbule; 305 04 30,36
Email: Wet eringto -Helene@MonroeCounty-FlL. ov
C Gregory Vaday, AICP, EDA Representative
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�� 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
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April 2, 2019
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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.
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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.
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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
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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
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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 and 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
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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 �
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dw; ruaussion b. ni,,Auaa ,trace;^,re° drasestmol n the taaatitm's mom ecaMerraardcalls cdistuvssered communities that
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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
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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 �
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ACC Verns,�daar r;cre°Haarera.rUs Payment h:r roilr tent Foray°a c
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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)(Attachment.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 Caton E
Packet Pg. 1161
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
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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,
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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:
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Award Period ..... .... ... ....... ......--.......—.—...... 12 moriths
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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),
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The Recipient shall pursue diligenfly the clevOlopirnent of the Project so as to ensure compietion 0
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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
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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:
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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. 1162
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
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7. AWARD DISBURSEMENTS: Reimbuirs,able basis onily: EDA will make Award payments using the .2
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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
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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
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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.
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& 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-
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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
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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
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involved discretion with respect to the Award of investment Assistance under PWEDA.
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........... <
Award # 04-69-07349 Page 2
Packet Pg. 1163
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
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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 prohibited 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 apiplicaint should notify EDA if it believes
any application information to be confidential.
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11. SCOPE OF WORK: Recipient(s) agrees to undertake, prosecute and corriplete the Scope of Work
(SOW) for this Project funded by this Award 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 shall 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, documents 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 that 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 adcfitiona0 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,
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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 make note of the following.
Award # 04-69-07349 Page 3
Packet Pg. 1164
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,
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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
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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
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Further, Rebpient w0i rnoifltor award activities for COMMOru fraud schernes, Such as:
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• false claims for rnateriais a nd Nabor',
• bribes reiaited to the acquisition of vnaterWs and labor, U)
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• product substitution,
• fl`IiSMarkNng or rnisiabefing on prodUcts arid rnaterWs, and 0
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• time and rrvaterWs overcharging.
Should Recipient detect any suspi6ous activity, Recipient Mi contact EDA staff listed above and the
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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)
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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
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ation for ail in-O)d statements provided by the Recipient.
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Award 04-69-017349 Page 4
Packet Pg. 1165
D.2.d
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. 1166