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Item C11 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 20, 2014 Division: Emergency Services Bulk Item: Yes X No — Department: Emergency Management Staff Contact Person/Phone#: Jose Tezanos X6325 AGENDA ITEM WORDING: Approval to solicit proposals for 2015 Local Mitigation Strategy Plan consulting services. ITEM BACKGROUND: Section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (42 U.S.C. 5165, as amended by the Disaster Mitigation Assistance Act of 2000), requires local jurisdictions to develop and adopt hazard mitigation plans to be eligible to receive certain federal mitigation grant funds. The Act also requires that local mitigation plans be updated and revised every five years in order to maintain eligibility for grant funds. This plan was last revised and approved by FEMA December 6, 2010. PREVIOUS RELEVANT BOCC ACTION: The 2005 LMS and 2015 LMS Plan adoptions. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approve. TOTAL COST: $800 gV12rox advertising INDIRECT COST: N/A BUDGETED: Yes —No X DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY:— NONE SOURCE OF FUNDS: Grant REVENUE PRODUCING: Yes T No— AMOUNT PER MONTH— Year APPROVED BY: County Atty� 04/Purchasing X Risk Managemenk DOCUMENTATION: Included X Not Required............... DISPOSITION: AGENDA ITEM Revised 7109 MONROE COUNTY REQUEST FOR PROPOSALS FOR 2015 LOCAL MITIGATION STRATEGY PLAN REVIEW AND UPDATE CONSULTING SERVICES O 1 23 rvr. d a a ., h 00U�rY s� BOARD OF COUNTY COMMISSIONERS Mayor Sylvia J. Murphy, District 5 Mayor Pro Tem, Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 David Rice, District 4 CLERK OF THE CIRCUIT COURT EMERGENCY MANAGEMENT Amy Heavilin Irene Toner, Sr. Director August 20, 2014 Page I SECTION ONE: INSTRUCTION TO PROPOSERS 1. OBJECTIVE OF THE RFP The Proposer awarded a contract shall provide Consulting Services to update the Monroe County Local Mitigation Strategy (LMS) Plan and other related services as set out in the Scope of Services—Attachment A to the draft agreement (Section Two). The 2015 LMS Update is to be prepared in compliance with the 2014 Florida LMS Crosswalk that incorporates federal and state mitigation planning requirements along with the current National Flood Insurance Program's (NFIP) Community Rating System (CRS�) Floodplain Management Planning requirements (Activity 510). 2. KEY TERMS THE COUNTY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS AND RESERVES THE RIGHT TO WAIVE, IF PERMITTED, BY LAW, ANY IRREGULARITY OR INFORMALITY IN ANY PROPOSAL. 3. CALENDAR The County will attempt to adhere to the followings calendar: Date Activity ................. ———----------—--------- —------- August 25, 2014 RFP Release Date ——---------- eptember 16, 2014 Deadline for Vendor Questions September 17, 2014 Last day to issue addenda §ie;pi�embe r............2'-5, 2014 y —Bid-d-losi-n g----- ..L.Qq PM. No late bids will be accepted September 30, 2014 Selection Committee Ranking Meeting November 19, 2014 Monroe_County BOCC Meeting— Bid Award July 6, 2015 Deliver final draft on CD-ROM for submission to FDEM E December 2:01_5 Deliver all files on CD-ROM to Emergency Management 4. BACKGROUND INFORMATION Section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (42 U.S.C. 5165, as amended by the Disaster Mitigation Assistance Act of 2000), requires local jurisdictions to develop and adopt hazard mitigation plans to be eligible to receive certain federal mitigation grant funds. The Act allso requires that local mitigation plans be updated and revised every five years in order to maintain eligibility for grant funds. Similar requirements are found in Chapter 9G-22, Florida Administrative Code. Monroe County, Florida, and the incorporated municipalities of the Village of Islamorada, City of Layton, City of Key Colony Beach, City of Marathon, and the City of Key West, adopted the Local Mitigation Strategy, 2010 Revision. Based on FEMA's date of approval, the LMS expiires on December 6, 2015. The Florida Division of Emergency Management(FD,EM) is aiuthorized Page 12 to review LMS updates. Current procedures require submission of the final draft at least 6 months before the FEMA deadline— July 6, 2015. The 2010 LMS was prepared by the LMS Work Group with the help of a consultant. At present, the LMS Work Group, which meets quarterly, is composed of county and city representatives, and other interested agencies and organizations. The 2015 LMS Update is to be prepared in compliance with the 2014 Florida LMS Crosswalk that incorporates federal and state mitigation planning requirements along with the current National Flood Insurance Program's (NFIP) Community Rating System (CRS) Floodplain Management Planning requirements (Activity 510). As of May, 2014, only Layton and Key Colony Beach participate in the CRS but FDEM encourages all communities to evaluate the benefits of participating in the CRS. 5. REQUESTS FOR ADDITIONAL INFORMATION Any inquiries or requests for clarification or additional information must be delivered in writing to the County^s Office of Emergency Management by no later than September 16, 2014 at both of the following email addresses: tezanosAQse(d.)monro,ecouniy-fl.gov toner-irene(d-monroecounty-fl.gov . Oral requests (including but not limited to telephone calls) will not be answered. Answers to all timely questions will be posted on DemandStar, no later than September 17, 2014. All addenda are a part of the contract documents and each Proposer will be bound by such addenda, whether or not received by him/her. It is the responsibility of each Proposer to verify that he/she has received all addenda issued before responses are opened. 6. PROPOSAL DEADLINE One (1) original plus two (2) copies of the response to this RFP must be submitted by no later than September 25, 2014 at 3:00 PM Eastern Time to the following locations: One original Monroe County Purchasing Department 1100 Simonton Street, Room 2-213, Key West, FL 33040 One cqpy (pd Rvia t-e-zanos-iose(cDmo,nroecountv-fl.aov One co r)df) via email toner-ireneSmonroecountv-fl.aov The responsibility for delivering the Proposal to the County and the Office of Emergency Management representatives wiill solely be the responsibiility of the Proposer. The County is not responsible for any delays on the part of the United States Post Office or any other mail delivery service. The deadline will be, strictly observed. Proposals delivered after 3:00 PM on the, deadline day will not be accepted. There will be no exceptions to this rule. Page d 3 T. CONTENT OF SUBMISSION Each, proposal shall be prepared utilizing the following format and headings. The Proposer should not withhold any information from the written response in anticipation of presenting the: information orally or in a demonstration, since oral presentations or demonstrations may not be solicited. Tab 1. Contact Information State the legal name of the financial institution or firm, the principal business address, name of the contact person, telephone and facsimile numbers, e-mail address. Tab 2. Compensation and Payment Terms In this tab, the Respondent will complete and include the Submission Response Form (Section Three: County Forms). The County is requesting that the Respondent quote a fixed fee that encompasses, the entire scope of services requested in Exhibit A, broken down in two parts as follows: • Price for completion of Tasks 1-6, not including Task 4.5; and • Price for completion of Task 4.5 (if necessary). All prices quoted should be all inclusive, i.e., no separate amounts will be paid for miscellaneous expenses, includling but not limited to travel expenses, postage, faxes. Tab 3. Ability to Provide Services / References In this tab, provide: • A narrative description of the firm's capabilities to provide the Scope of Services; • A list of the persons who would work on, this project, and a description of the educational and work experience qualifications for each person; • A, list of similar projects on which the Respondent has worked within the past five (5) years; and • A list of at least five (5) clients for whom you have done similar work, at least three (3) of which must be giovemmental entities, For each, please describe the work performed by you and the dates of the project. Please include contact information for each client. Tab 4. Litigation In accordance with Section 2-347(h) of the Monroe County Code, the Proposer must provide the following information: (a) A list of the persons or entity's shareholders with five (5) percent or more of the stock or, if a general partnership, a list of the general partners; or, if a limited liability company, a list of its members,; or, if a solely owned proprietorship, niame(s) of owner(s); (b) A list of the officers and directors of the entity; Page 14 (c) The number of years the person or entity has been operating and, if dliffere,nt, the number of years it has been providing the, services, goods,, or construction services called for in the bid specifications (include a list of similar,projiects,); (d) The number of years the person or entity has operated under its present name and any prior names; (e) Answers to the following questions regarding claims and suits: a) Has the person, principals, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, ever failed to complete work or provide the goods for which it has contracted? If yes, provide details; b) Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person, principal of the entity, or entity, or any entity previously owned, operated or directed by any of its officers, directors, or general partners? If yes, provide details; c) Has the person, principal of the entity, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, withiin the last five (5) years, been a party to any lawsuit, arbitration, or mediation with regard to a contract for services, goods or construction services similar to those requested in the specifications with private or public entities? If yes, provide details; d) Has the person, principal of the entity, or any entity previously owned, operated or directed by any of its officers, owners, partners, major shareholders or directors, ever initiated litigation against the county,or been sued by the county in connection with a contract to provide services, goods or construction services? If yes, provide details; e) Whether, within the last five: (5) years, the owner, an officer, general partner, principal, controllingi shareholder or major creditor of the person or entity was an officer, director, general partner, principal, contro,llling shareholder or major creditor of any other entity that faiiled to perform services or furnish goods similar to those sought in the request for competitive solicitation. Tab 5. Forms and Licenses Proposer shall complete and execute the forms specified below (found in Section Three in this RFP) and attach them within this tab., County Forms (a) Lobbying and Conflict of Interest Ethics Clause (b) Non-Collusion Affidavit (c) Drug Free Workplace Form (d) Public Entity Crime Statement (e) Any Proposer claiming a local preference, as defined in Monroe County Ordinance 02,3-2009 must complete the, Local Preference Form and attach it to the Proposal. Page 15 8. EVALUATION CRITERIA Award shall be made to the responsible proposer whose proposal is determined to be the most advantageous to the County, taking into consideration the evaluation criteria set forth below: Overall project cost 50 points Ability to deliver services noted on 40 points Attachment A Location of firm (local preference if _ 10 points applicable: up to 5 additionalpoints Total points earned are on a scale of I — 100 paints 11 = lowest 100 = highest The County reserves the right to reject any,and all responses and to waive technical errors and irregularities as may be deemed best for the interests of the County. Responses that contain modifications, are incomplete, unbalanced, conditional, obscure, or that contain additions not requested or irregularities of any kind, or that do not comply in every respect with the Instruction to Proposer and the contract documents, may be rejected at the option of the County. 9. OTHIER TERMS AND CONDITIONS A. Proposers shall thoroughily examine and be familiar with the specifications in this RFP'. Failure of any proposer to receive or examine this document shall in no way relieve any Proposer of obligations pertaining to this bid or any resulting contract. B. No, portion of any contractual rights arising from this RFP may be assigned without the prior written consent of the COUNTY. C. The Proposer warrants that it will comply with alll applicable federal, state and local haws and regulations in providing the services herein. D. The Proposer is solely responsible for reviewing any addenda that may be issued in connection with thus RFP. Any Proposal submitted in response to thus RFP' will constitute an agreement that it is responsive to any,addenda that have been issued, if any. E. Pursuant to Florida Statute 119.07011„ Contractor and its subcontractors shall comply with all public records laws of the State of Florida, specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by Monroe County in the performance of this Agreement. (b) Provide the public with access to public records on the same terms and conditions that Monroe County would provide the records and at a cost that does not exceed the cost provided in, Florida Statutes, Chapter 119 or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed exempt as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to Monroe County all public records in possession of the contractor upon terminiation of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored Page 6 electronically must be provided to Monroe County in a format that is compatible with the information technology systems of Monroe County. F. By signing this agreement, CONTRACTOR represents that the execution of this Agreement will not violate the Public Entities Crime Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from County's competitive procurement activities. G. This RFP and any resulting agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. Page 17 SECTION TWO: DRAFT AGREEMENT Page N 8 CONTRACT THIS AGREEMENT'("Agreement"), made and entered into this day of , 20_, A.D by and between MONROE COUNTY, FLORIDA, (hereinafter called the "Owner"), and (hereinafter called the "Contractor"). That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: 1. THE CONTRACT The contract between the owner and the Contractor shall consist of this agreement, the proposal submitted by the Contractor including the County Forms, and any other amendments, hereto executed by the parties hereafter. 2. SCOPE OF WORK The scope of work shall consist of those services as specified in Attachment A to this Agreement. The update to the 2010 Local Mitigation Strategy described in Attachment is required by the State of Florida and the Federal Emergency Management Agency. 3. THE CONTRACT SUM The: total contract price for the work specified in the Scope of Services shall be , inclusive. Twenty-five percent (25%) of the contract price shall be paid upon completion of each of Tasks 3, 4, 5 and 6 specified in Attachment A as they are completed. The Contractor shall submit to the County an invoice with supporting documentation acceptable to the Clerk upon completion of each of the above-referenced Tasks. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. The Contractor willl submit such invoice according to milestones for services provided during the period. The invoice will include a record of employee time worked and differentiate time worked at the rate for the different classification. Upon receipt of the Contractor's invoice in the proper form as stipulated above and upon acceptance by the Clerk, Monroe County will make payment in arrears, in accordance with the Florida Locals Government Prompt Payment Act, Section 218.70, Florida Statutes. 4. TERM OF CONTRACT/RENEWAL This contract shall be effective from 20—, through 20 5�. HOLD HARMLESS The Contractor covenants and agrees to indemnify ands hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury(including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees)which Page 19 arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act of omission of the Contractor or its, Subcontractors in any tier, their employees, or agents. In the event,the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten, dollars ($10.010) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. G. INDEPENDENT CONTRACTOR At all times and for all purposes under thiis agreement the Contractor is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the Contractor or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 7. ASSURANCE AGAINST DISCRIMINATION County and Contractor agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effectiive the date of the court order. County or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscriminationi. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin-,, 2)Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 7914), 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 (Pt_ 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 (PI- 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)Thee Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd1-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1:968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9)The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the bases of race, colloir, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; Page 10 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. S. ASSIGNMENT/SUBCONTRACT The Contractor shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and Contractor, which approval shall be subject to such conditions and provisions as the Board may deem necessary. 9. COMPLIANCE WITH LAW Thee Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of the services covered by this agreement. Any violation of saiid statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to termiinate this contract immediately upon delivery of written note of termination to the Contractor. The Contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this contract. 10. INSURANCE Contractor shall provide documentation of insurance coverage required for those individuals or firms that perform work for or on behalf of the County, as specified in the Monroe County Risk Management Policy and Procedures Manual as follows: A. General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations 0 Products and Completed Operations 0 Blanket Contractual Liability • Personal Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limiits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. Page Q 11 The Monroe County Board of County Commissioners, 1100 Simonton Street, Suite 2- 205, Key West, Florida, 33040, shall be named as Additional Insured on all policies issued to satisfy the above requirements. B) Vehicle Insurance. Recognizing that the work governed by thiis contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract, and to include, as a minimum, liability coverage for: • Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $100,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 50,000 per Person $100,000 per Occurrence $ 25,000 Property Damage The Monroe County Board of County Commissioners shall be named as additional Insured on all policies issued to satisfy the above requirements. C) Workers Compensation insurance: Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440. In, addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100,0100 Bodily Injury by Accident $500,0100 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. I I FUNDING AVAILABILITY This contract is subject to annual appropriation by the Board of County Commissioners.- Page 112 12. NOTICE REQUIREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party be certified mail, returned receipt requested, to the following: FOR COUNTY Monroe County Emergency Management 490 63 RD St. Ocean Ste. 150. Marathon, FL 33050 FOR CONTRACTOR: 13. CANCELLATION A. B. Either of the parties hereto may cancel this agreement without cause by giving the other party sixty days written notice of its intention to do so. C. In the event that the Contractor shall be found to be negligent in any aspect of completion of the Scope of Work, the County shall have the right to terminate this agreement after five days written notification to the Contractor. 14. GOVERNING LAWS, VENUE Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of the Agreement, the County and Contractor agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 15. RECORDKEEPING Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the -County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to Contractor. The Contractor will: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. Page � 13 (b) Provide the public with access to public records on the same terms and conditions, that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency alll public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records dlis,closure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 16. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to revise the Agreement to replace any stricken provision with a vailid provision that comes as close as possible to the intent of the stricken provision. 17. ATTORNEY'S FEES AND COSTS The County and Contractor agree that in the event any cause of action or admiiniistrative proceeding, is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shalll 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. 18. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate actions, as required by law. 19. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no, party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. Page d 14 20. NO SOLICITATION/PAYMENT The County and Contractor warrant that neither has employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 21. EXECUTION ON COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first written above in four(4) originals, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract. Attest: Amy Heavilin, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor (SEAL) Attest: Page 115 ATTACHMENT A (Scope of Services) Overview: Monroe County, Local Mitigation Strategy Update Section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (42 U.S.C. 5165, as amended by the Disaster Mitigation Assistance Act of 2000), requires local jurisdictions to develop and adopt hazard mitigation plans to be eligible to receive certain federal mitigation grant funds. The Act also requires that local mitigation plans be updated and revised every five years in order to, maintain eligibility for grant funds. Similar requirements are found in Chapter 9G-22, Florida Administrative Code. Monroe County, Florida, and the incorporated municipalities of the Village of Islamorada, City of Layton, City of Key Colony Beach, City of Marathon, and the City of Key West, adopted the Locai Mitigation Strategy, 2010 Revision. Based on FEMA's date of approval, the LMS expires on December 6, 20151. The Florida, Division of Emergency Management (FDEM) is authorized to review LMS updates. Current procedures require submission of the final draft at least 6 months, before the FEMA deadline—July 6, 2015. The 2010 LMS was prepared by the LMS Work Group with the help of a consultant. At present, the LMS Work Group, which meets quarterly, is, composed of county and city representatives, and other interested agencies and organizations. The 2015 LMS Update is to be prepared in compliance with the 2014 Florida LMIS Crosswalk that incorporates federal and state mitigation planning requirements along with, the current National Flood Insurance Program's (NFIP) Community Rating System (CRS) Floodplain Management Planning requirements (Activity 510). As of May, 2014, only Layton and Key Colony, Beach participate in the CRS but FDEM encourages all communities to evaluate the benefits of participating in the CRS, Monroe County, acting on behalf of the LMS Work Group, is soliciting contractor support to facilitate the LMS update process and to ensure the LMS Update is prepared to satisfy federal and state requirements. Resources: (a) Monroe 2010 LMS Update: hftr),://www.monroecouniXem.com/index.aspx?'NID=l 35 (b) FOEM and FEMA planning resources: www.floridadisaster.org/Mitigation/Local (c) 2014 Florida LMS Plan Review Tool/Crosswalk (d) FEMA Local Mitigation Handbook and Plan Guidance (e) NFIP CRS Coordinator's Manual" www.CRSresouirces.grg Scope of Work: The 2014 Florida LMS Crosswalk and FEMA guidance mitigation planning documents detail the planning process. The following tasks are not intended to identify every activity that will be performed by the contractor. The Contractor is responsible,for Page 116 facilitating the planning process and guiding the Work Group members to produce an LMS update that is, approved by FDEM. An important element is to identify changes between the previously adopted LMS and the update. The LMS Work Group chair wiill handle communiications,to the Work Group, the public, and other stakeholders. The person or firm selected for this contract wiill perform the following tasks: Task I —The LMS Update Planning Process (a) Draft emails, notices, memoranda, and other materials for the LMS Work Group chair and members. (b) Discuss by conference call, the planning: process with the, LMS Work Group to explain the activity, propose a project schedule, and describe the expectations for Work Group member participation. (c) Identify existing resources to be provided by the Work Group members (,e.g., comprehensive plans). (d) Maintain documentation of the planning process (e.gi., meeting minutes, sign- in sheets, and methods used to conduct the process and obtain Work Group and public comments). Task 2—Hazard Risk and Vulnerability Assessment (HRVA). The County is in discussion with FDEM regarding the HRVA and expects that FDEM, with County assistance, will prepare the HRVA. The following is based on the assumption that the HRVA will be prepared by FDEM. The County Growth Management, GIS, will prepare figures and analyses at the dlirection of the Contractor. (a) Review the HRVA, incorporate results into the LMS update, compare to the 2010HIRVA to characterize differences (b) Determine if the HRVA inventory adequately captures historic and cultural resources (c) Summarize the vulnerability of each hazard ands community impacts, per Step 5 of the 2014 FL LMS Crosswalk (d) Facilitate obtaining the current Repetitive Loss list from FDEM and preparation of'miaps (e) Address potential impacts,from climate change including sea level rise using the Southeast Florida Regional Climate Change Compact Analysis of the Vulnerability of Southeast Florida to Sea Level Rise Task 3 —Capability Assessment & Other Plans (20% of contact price) (a) Review with each community its capability assessments that describe agency functions, and how hazard are addressed (b) Gather information from appropriate county and city staff to identify new or changes in existing plans, programs, policies, ordinances, or regulations that pertain to, hazard mitigation to include in the updated Capability Assessment (c) Identify changes in flood insurance studies, flood insurance rate maps, participation in the CRS program, and ongoing and proposed efforts to reduce flood losses (d) Review LMS annual reports (e) Review State Hazard Mitigation Plan to identify coordinating updates appropriate for consistency Page � 17 (f) Draft revisions to pertinent sections of the LMS for review by the pertinent community and Work Group representatives Task 4— LMS Work Group Meeting #1 & Mitigation Initiatives/Actions/Projects (20% of contract price) (a) Work Group meeting #1: review HRVA and revisions; review Mitigation Goal Statement; review changes in capability assessment (b) Review progress on the list of mitigation initiatives through review of LMS Annual Reports and facilitate Work Group member contributions,to update list of mitigation initiatives (c) Facilitate a discussion on the proposed LMS update changes (d) Incorporate revisions in the LMS and circulate for comment Task 4.5— Repetitive Loss Area Analyses. This subtask will be performed only if specifically assigned. Communities that participate in the CRS that have 10 or more properties identified by the NIFIP as "repetitive loss" properties are required to prepare "repetitive loss area analyses" in accordance with the FEIVIA Guidance (CRS, Coordinator's Manuall; Mapping Repetitive Flood Losses). Thee analyses can be adopted by individual communities as an addendum to the LIVIS. Table 5-4a from 2010 LMS identifies the county and four municipalities(all but Layton) as having more than 10 repetitive loss properties, The CRS identifies communities that have 10 or more repetitive loss properties as "Category C," and requires them to undertake specific actions,, including preparation of a floodplain management plan or repetitive loss area analysis. (a) Work with Key Colony Beach (wiith approximately 15 repetitive loss properties) to prepare a Repetitive Loss Area Analysis that can be used as a template by the county and other municipalities that elect to prepare such analyses (b) Conduct workshop to train staff from all communities to col'ilect data needed for Repetitive Loss Area Analyses and to review the analysis prepared with Key Colony Beach, so those communities can undertake their own Repetitive Loss Area Analyses Task 5— LMS Work Group Meeting #2 & Draft LMS Revisions (20% of contract price) (a) Work Group meeting #2: review all revisions; summarize substantive comments; incorporate current LIVIS projects provided by each jurisdiction into update; consider new programmatic actions andl prioritize; identify potential projects, that could also accrue CRS points; focus on mitigating Severe Repetitive Loss and Repetitive Loss properties (bi) Complete all of the parts of the Plan Review Tool in final form, ready for delivery to FDEM as reflected in Attachment B. (c) Prepare final draft LMS Update (d) Provide final draft LMS Update in electronic format and six (6) hardcopies for communities,to make for public review and solicit comments (e) Conduct public meeting, report comments to LMS Work Group, and address, if necessary Page 18 Task 6 — Final Draft LMS Update, Final LMS Update, and LMS Adoption (40% of contract price) (a) Prepare final draft LMS Update and Florida LMS Crosswalk for submission to FDEM (deadline: July 6, 2015) (b) Incorporate FDEM comments into LMS and provide to Work Group for concurrence (c) Prepare final LMS and provide to County and municipal Work Group members for adoption (d) Incorporate resolutions of adoption into LMS Update (e) Deliver all files on CD-ROM for submission to FDEM (deadline: December 6, 2015) Page p 19 ATTACHMENT B FLORIDA 2015 LMS REVIEW TOOL Page 120 SECTION THREE: COUNTY FORMS Page �,.....'21 RESPONSE FORM RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Purchasing Department GATO BUILDING, ROOM 2-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 Q acknowledge receipt of Addenda No.(s) I have included: Response Form Lobbying and Conflict of Interest Clause • Non-Collusion Affidavit tW • Drug Free Workplace Form 0 Public Entity Crime Statement D Copy of business tax receipt from the 13 Tax Collector's office Local Preference Form(if applicable) 0 Cl have included a current copy of the following professional licenses and business tax receipts: If the applicant Is not an Individual (sole proprietor), please supply the following information: APPLICANT ORGANIZATION: (Registered business name must appear exactly as it appears on www-sunbiz.org). Any applicant other than an individual (sole proprietor)must submit a printout of the",Detail by Entity Name" screen from Sunb�iz, and a copy of the most recent annual report filed with the Florida Department of State,Division of Corporations. ............. Fee for services included in contract for Tasks 1, 2, 3, 4. 5, andl 6: $ Fee for services include in the contract for Task 4.5 (if necessary): $ The fee is an all-inclusive cost. No additional costs or fees will be paid, including but not liimiited :Lto travel iosta costs, per dieTs�����Irnile charges, and e charges.jp 9 Mailing Address: Telephone: Fax: Date Signed: Witness: (Print Name) (Title) STATE OF: COUNTY OF: Subscribed and sworn to(or affirmed) before me on (date)by (name of affiant). He/She is personally known, to me or has produced (type of identification),as identification. —NOTARY PUBLIC My Commission Expires: Page n 22 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE (Company) warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010- 1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010- 1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee." (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to(or affirmed) before me on (date) by (name of afflant). He/She is personally known to me or has produced (type of identification)as identification. NOTARY PUBLIC My Commission Expires: Page d 23 NON-COLLUSION AFFID"IT of the city of according to law on my oath, and under penalty of perjury, depose and say that a. I am of the firm of the bidder making the Proposal for the project described in the Request for Proposals for andl that I executed the said proposal with full authority to do so; b. The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor, C. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and wild not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and d. No attempt has been made or will be made by the bidder to, induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition,; and e. The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidaviit in awarding contracts for said project. (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to(or affirmed) before me on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification)as identificatign. NOTARY PUBLIC My Commission Expires: Page [24 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statutes Section 287.087 hereby certifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to(or affirmed)before me on (date) by (name of afflant). He/She is personally known to me or has produced (type of identification)as identification. NOTARY PUBLIC My Commission Expires: Page 1 25 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to(or affirmed) before me on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification)as identification. NOTARY PUBLIC My Commission Expires: PageJ26 LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance 023-2009 must complete this form. Name of Bidder/Responder Date: 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one year prior to the notice or request for bid or proposal? _ (Please furnish copy.) 2. Does the vendor have a physical business address located within Monroe County from which the vendor operates or performs business on a day to day basis that is a substantial component of the goods or services being offered to Monroe County? List Address: Telephone Number: B. Does the vendor/prime contractor intend to subcontract 50%or more of the goods, services or construction to local businesses meeting the criteria above as to licensing and location? If yes, please provide: 1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one year prior to the notice or request for bid or proposal. 2. Subcontractor Address within Monroe County from which the subcontractor operates: Tel. Number Print Name: Signature and Title of Authorized Signatory for Bidder/Responder STATE OF: COUNTY OF: Subscribed and sworn to(or affirmed) before me on (date) by (name of aunt). He/She is personally known to me or has produced (type of identification)as identification. NOTARY PUBLIC My Commission Expires: Page [ 27