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05/22/2019 Agreement Kevin Iril1adok, cpA i q k Clerk of the Circuit Court& Comptroller— Monroe County, Florida ''K]E CtD�Nt DATE: June 3, 2019 TO: Helene Wetherington, Director Local Disaster Recovery Department FROM: Pamela Hancock, D.C. SUBJECT: May 22nd BOCC Meeting Attached is an electronic copy of Item D2, Contract for $80,000.00 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$20,000.00,for your handling. Should you have any questions,please feel free to contact me at extension 3130. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PKIROTH BUILDING 50�0Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Paint Road Key West,(Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,,Florida 33070 305-294-4641 305-289�-6027 305-852-7145 305-852-7145 INTER-LOCAL AGREEMENT 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 Planning Council (SFRPC),a state regional planning agency. 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 WHEREAS, 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 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: 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 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 pursuant to the Local Government Prompt Payment Act. The Task Delivery and Payment Schedule is found in Attachment 2. 1 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 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 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 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 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 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. 2 =lac 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 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 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 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 or designee Disaster Recovery Director Executive Director 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 Agreement is not subject to arbitration. 3 1 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 fullestextent 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. 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, 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 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 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 requited to enter into any arbitration proceedings related to this Agreement. 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 4 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- 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._ 168.1-1683, and 1685-1686), which prohibits. discrimination on the basis of sex;3) Section 504 of the Rehabilitation Act of 1973,as amended(20 USC s. 794), which prohibits discrimination on the basis of handicaps;4)The Age Discrimination Act of 1975,. as amended(42 USC ss:6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the, basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970(PL 91-616),as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism, 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8)Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing;,9)The Americans with Disabilities Act of 1990 (42 USC s. 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: 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 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 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. 3) The SFRPC will not discharge or in any other manner discriminate against any employee or 5 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. 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 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 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 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. 6 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 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, misuse of public:position, conflicting employment or contractual) relationship; and disclosure or use of certain information. 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 Agreerent 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 bedeemed 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. Section 27. Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory 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 except to the extent of actual and timely performance thereof by any participating entity, in which:case the performance may be offered 7 t�G 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, exceptto:the extent permitted by the;,Florida constitution,state statute,.and case law. Section"28. Non-Reliance by Non-Parties. No person or entityshall 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., 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 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 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. 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 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.. 8 Part 200, as amended, including but not limited to: 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 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 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 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. (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 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 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 9 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 Contractor Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient 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 any implementing regulations issued by the awarding agency. Clean Air Act(42 U.S.C.7401-7671o.)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 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. Byrd Anti-Lobbying Amendment (31 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. 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 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 10 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. 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. Disadvantaged Business"Enterprise (DBE):Policy and Obligation.- It is the policy of the COUNTY that l DBE's, 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 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; b;Affirmative steps must include: (l) 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 solicited whenever they are potential sources; (3) Dividing total requirements,wherreconomiically-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 repuirement:.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) 11 \Ge/ 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 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. 12 • ,,, „, WITNESS WHEREOF each party hereto has caused this Agreement to be executed by its duly \: !•rized representative. L ff C a !• BOARD OF COUNTY COMMISSIONERS. 4'� • KEVIN MADOK,CLERK OF MONROE COUNTY,FLORIDA / By G7 --4 By / Deputy Clerk Mayor/Chairman (SEAL) Attest: South Florida Regional Planning Council Isabel Casio_Carballo,MPA g ' C.S4LD eivkADAJJV Title .:., ,-, .' ,r_ De. Title Executive Director.SFRPC APPROVED AS TO FORM APPROVED AS TO FORM COUNTY ATTORNEY'S OFFICE SAMUEL S.GOREN,ESQ. MONROE co yArropjy General Counsel to SFRPC CHRISTINE LIMBERT HARROWS ASSISTANT ATTORNEY 3 0 DATE; o fir' C n . r rn = . cam r11 m :-:! p Ma 6:6: - C") CJ'i: C7 . sf; 13 1 ATTACHMENT 1 Monroe County Post-Disaster Recovery.Strategy 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 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 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 disasters. 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 should focus on supporting the tourism economyy 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 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. 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. 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. 14. 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. 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 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 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 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. 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 23—June 1, 2019 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 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, 2. Local recovery plans, 3. Post-disaster recovery ordinances, 4. Housing strategies,and 5. Any other documents that the cities or counties feel are critical to include in post-disaster recovery. 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 PostDisaster Analysis 2. Analysis of current plans,policies and procedures which were inadequate to address post: disaster recovery and will require revision 3. Asummary ofdisaster impacts in Monroe County and its municipalities 15 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 Proposed Timeline:June 14,2019 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. Deliverables: List of Post-Disaster Recovery Strategy Stakeholder Group Members Proposed-Timeline:. May 29,2019 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 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. Deliverables: 1. Process agenda 2. Outline of PDRS 3. Meeting agenda Proposes Timeline: May 29, 2019 Task 5:Workshop Preparation Coordination Call with Monroe County Project Management Team 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.oneweek in 16 \lel./ 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 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 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 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. Deliverables: 1. Attend workshop and provide summary of workshop outcomes Proposed:Tirneline: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 Task 8:Workshop Preparation Coordination Call with Monroe County Project Management Team and Proposed RSF leads 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. Deliverables: 1. Meeting Summary Proposed Timeline:July 26,2019 17 VS1 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. Deliverables. 1. Summary of workshop outcomes Proposed Timeline:August 9,2019 Task 10: Draft Post-Disaster Recovery Strategy 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 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. 2. Presentation of the Draft Plan to the PDRS Stakeholder followed by a presentation to the Monroe County Commission 3. Finalization of Plan Proposed Timeline:October 31, 2019 Print PDRP: The South Florida Regional Planning Council will reserve funding for professional printing of 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 County: Consultant will attend in person meetings before the public, special interest groups, Board of County Commissioners or other groups, as coordinated by the County,for all tasks included in this phase for$2000 per meeting per person. The total fee for travel shall not exceed$8,000.00 18 ATTACHMENT 2 Task Delivery and Payment Schedule This is a fee/deliverables-based contract: _ __ - Task Date Total Task 1: Project Management Kick-Off Meeting and Detailed Project May 23—June 1, $4,535.00 Management Plan 2019. Task 2:Summary of current local recovery plans, policies and status of $15,040.00 disaster impacts and recovery activities to-date in its municipalities June 14,2019 _ Task 3: Post-Disaster Recovery Strategy Stakeholder Group May 29, 2019 $2,625.00. Task 4: Draft Strategic Planning Workshop Session and Supporting $5,490.00 Materials May 29,2019 Task 5:Workshop Preparation Coordination Call with Monroe County $1,910.00 Project Management Team May 29, 2019 Task.6:Strategic Planning Workshop(scheduled June 3,2019) June 7, 2019 $10,265.00 Task 7: Operational Recovery Support Functions --, July 19,2019 $4,535.00 Task 8:Workshop Preparation Coordination Call with Monroe County $1,885.00 _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 SUBTOTAL $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 $900.00. ** Resources in these lines may be used in similarly starred lines to address shortfalls if needed. TOTAL. $80000 00s. 19 1C"'