Item F3 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 18. 2014 Division:—Emergency Services
Bulk Item: Yes X No — Department: Emergency Management
Staff Contact Person/Phone#: Jose Tezanos X6325
AGENDA ITEM WORDING: Approval of the selected consultant,RC Quinn Consulting,Inc., and
contract for 2015 Local Mitigation Strategy Plan Review and Update;grant of authority to Emergency
Management director to sign letter approving subcontract between RC Quinn Consulting, Inc. and URS
Corporation.
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. On September 16,2014, Monroe County was awarded$40,000 grant
funds from the Urban Area Security Initiative to complete review and update.The balance of the
services fee will be funded by the State portion of the Base Grant FYI 5.
A request for proposal was advertised with a closing date of September 25,2014.A selection
committee met in a publicly advertised meeting on September 30,2014 to evaluate the proposals.
Based on review of three(3)proposals,the selection committee recommends RC Quinn Consulting,
Inc. 'Me vendor has stated that it intends to subcontract a portion of the work to the LIRS Corporation.
Under paragraph 8 of the contract with the County,written BOCC approval is required for the
subcontract,
PREVIOUS RELEVANT BOCC ACTION: On January 19, 2011 the 2010 LMS Plan was adopted.
On August 20, 2014 Request for Proposal of the 2015 Local Mitigation Strategy Plan Review and
Update was approved by the Board.
CONTRACT/AGREEMENT CHANGES:N/A
STAFF RECOMAMNDATIONS: Approve.
TOTAL COST: $52.500.,00.INDIRECT COST: N/A BUDGETED: Yes No_X
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
...........
Base Grant$12,500.00
COST TO COUNTY: NONE SOURCE OF FUNDS:UASI$40,0100.00
REVENUE PRODUCING: Yes No , AMOUNT PER MONTH Year
APPROVED BY: County Atty X M/0MB/Purchasing-2L_ Risk Management X
- t'
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: RC Quinn Consulting Contract#15-BG 83-11-54-01-044
Effective Date: July 1,2014
Expiration Date: June 30,2015
Contract Purpose/Description:
Approval of selected consultant,RC Consul tLng,Inc.,and contract for 2015
LocaiMiti ation Strategy Plan Review and Update; tofa o to Emer y gan uth d enc tX a
Management director to sign letter approving subcontract between RC Quinn Consulting,Inc.
and URS Corporation.
Contract Manager: Jose Tezanos 6325 14
(Name) (Ext-) (Department/Stop 4)
for BOCC meeog on Nov 18,2014 Agenda Deadline:Nov 4,2014
CONTRACT COSTS
Total Dollar Value of Contract- $ 52,500.00 Current Year Portion: S 52,500.00
Budgeted?Yeso No 0 Account Codes: GE1406-
Grant: $ 52,500.00 GE1502,-
County Mach:$ 0
ADDMONAL COSTS,
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (g.maintenance,utilities,janitorial,salaries.etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
Division Director Yes[-]No[:]
Risk Management YesE]Non
O.M.B./Purchasing Yes[:]Now
L dl
-7A/7
County Attorney Yes[]Nogg j--
U
Comments:
OMB Form Revised 2127/01 MCP#2
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liability # auto liability.
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SHOULD AW OF THE ABOVE DESCRIBED POLICIES BE CANCEI LED BEFORE
THE expiRATioN DATE THEREOF, NOTIC6 Vii BE DELIVERED IN
Monroe County Emergency Management
ACCORDANCE WITH THE POLICY PROVISIONS.
490 63rd Street Ocean Suite 1501
Marathon, 33050
ERlE INSURANCE
COMMERCIAL GENERAL LIABILITY
CG 20 10(Ed.4l13')U1+-9665
POLICY NUMBER:Q41-0290169
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS
SCHEDULED PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Nance Of Additional Insured Person(s)
Or Organization(s) Locations Of Covered Operations
The Monroe County Board of County Commissioners, As Per Contract
11010 Simonton Street, Suite 2-205, Key West, Florida
35040
Information required to complete this Schedule if not shown above,will be shown in the Declarations.
A. Section It—Who Is An Insured is amended to include as I. All work, including materials, parts or equipment
an additional insured the person(s) or organization(s) furnished in connection with such work,on the project
shown in the Schedule, but only with respect to liability (other than service, maintenance or repairs) to be
for "bodily injury", "property damage" or "personal and performed by or on behalf of the additional insured(s)
advertising injury"caused, in whole or in part,by: at the location of the covered operations has been
1. Your acts or omissions;or completed,or
2. The acts or omissions of those acting on your behalf; 2. 'That portion of"your work" out of which the injury or
damage arises has been put to its intended use by any
in the performance of your ongoing operations for the person or organization other than another contractor or
additional insured(s)at the location(s)designated above. subcontractor engaged in performing operations for a
H'awever:
principal as a part of the same project..
I. The insurance afforded to such additional insured only C. With respect to the insurance afforded to these additional
applies to the extent permitted by law;and insureds,the following is added to Section III—Limits Of
Insurance:
2. If coverage provided to the additional insured is If coverage provided to the additional insured is required
required by a contract or agreement, the insurance by a contract or agreement,the most we will pay on behalf
afforded to such additional insured will not be broader of the additional insured is the,amount of insurance.
than that which you are required by the contract or
agreement to provide for such additional insured, 1. Required by the contract or agreement;or
ll. With respect to the insurance afforded to these additional 2. Available under the applicable Limits of Insurance
insureds,the fallowing additional exclusions apply; shown in the Declarations;
This insurance does not apply to "bodily injury" or whichever is less.
"property damage"occurring after: This endorsement shall not increase the applicable Limits
of Insurance shown in the Declarations.
0 Insurance Services Office,Inc.,2012
1
ERIE INSURANCE
COMMERCIAL GENERAL LIAILITY
CG 20 37(Ed.4/13)OF-3293
POLICY NUMBER:Q41-0290169
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations
The Monroe County Board of County Commissioners, As Per Contract
1100 Simonton Street, Suite 2-205,'Key West, Florida
33040
Information required to complete this Schedule if not shown above,will be shown in the Declarations.
A. Section 11—Who Is An Insured is amended to include B. With respect to the insurance afforded to these additional
as an additional insured the person(s)or organization(s) insureds,the following is added to Section III—Limits Of
shown in the Schedule, but only with respect to liability Insurance:
for "bodily injury" or "property damage" caused, in If coverage provided to the additional insured is required by
whole or in part, by "your work" at the location a contract or agreement,the most we will pay on behalf of
designated and described in the Schedule of this the additional insured is the amount of insurance:
endorsement performed for that additional insured and
included in the"products-completed operations hazard". 1. Required by the contract or agreement;or
However: 2. Available under the applicable Limits of Insurance
l. The insurance afforded to such additional insured shown in the Declarations;
only applies to the extent permitted by law;and whichever is less.
2. If coverage provided to the additional insured is This endorsement shall not increase the applicable Limits of
required by a contract or agreement, the insurance Insurance shown in the Declarations..
afforded to such additional insured will not be
broader than that which you are required by the
contract or agreement to provide for such additional
insured.
0 Insurance Services Office,Inc.,2012
1
Emergency Management
CONTRACT
THIS AGREEMENT (uAgreement"), made and entered into this day of
20 ,A-D by and between MONROE COUNTY, FLORIDA, (hereinafter called the "Owner"),
and RCQuinn Consulting, Inc. (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, and in compliance with 2015 Florida LMS Review Tool Crosswalk as specified in
Attachment B to this Agreement. The update to the 2010 Local Mitigation Strategy described in
Attachments is required by the State of Florida and the Federail Emergency Management
Agency.
3, THE CONTRACT SUM
The total contract price for the work specified in the Scope of Services shall be fifty two
thousand dollars ($52,500.00), inclusive. Payments will be made according to the tasks
outlined on Attachment A, as follows:
• Fifteen thousand dollars ($15,000.00) of the contract price shall be paid upon completion of Task
3;
• Fifteen thousand dollars ($15,000.00) of the contract price shall be paid upon completion of the
later of Tasks 4 (and 4.5,1 N necessary), cumulatively;
• Ten thousand dollars ($10,000.00) shall be paid upon the completion of Task 5; and
• The final twelve thousand five hundred dollars ($12,500.00) of the contract price shall be paid
upon completion of Task 6.
The Contractor shall submit to the County an, invoice with supporting documentation
acceptable to the Clerk upon completion of each of the above-referenced Tasks.
Acceptability to the Clerk is based on generally accepted accounting principles and such
laws, rules and regulations as may govern the Clerk's disbursal of funds. The Contractor will
submit such invoice according to milestones for services provided during the period. The
invoice will include a record of employee time worked and differentiate time worked at the
rate for the different classification. Upon receipt of the Contractor's invoice in the proper
form as stipulated above and' upon acceptance by the Clerk, Monroe County will make
payment in arrears in accordance with the Florida Local Government Prompt Payment Act,
Section 218.70, Florida Statutes.
4. TERM OF CONTRACT/RENEWAL
This contract shall be effective from November 18, 2014, through December 6, 2015,
Emergency.Management
5. HOLD HARMLESS 2.
The Contractor covenants and agrees to indemnify and hold) harmless Monroe County Board of
County Commissioners from any and all claims for bodily injury (including death), personal
injury, and property damage (including property owned by Monroe County) and any other
losses, damages, and expenses (including attorney's fees) which 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 ($10.00) 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,
6. INDEPENDENT CONTRACTOR
At all times and for all purposes under this 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 its
expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action
on the part of any party, effective the date of the court order. County or Contractor agree to
comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1)Title VI of the Civil Rights Act of 1964
(PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2)Title
IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-
1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation
Act of 1973, as amended (20 USC S. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107)
which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and 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 627 (42 USC ss.
690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent
records; 8) Title Vill of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the sate, rental or financing of housing; 9) The Americans with Disabilities
Act of 1990 (42 USC s. 1201 Dote), as miaybe amended from time to,time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. VI,
prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin,
ancestry, sexual orientation, gender identity or expression, familial status or age;
Emergency Management
3,
and 11) any other nondiscrimination, provisions in any Federal or state statutes which may
apply to the parties to, or the subject matter of this Agreement.
8. ASSIGNMENT/SUBCONTRACT
The Contractor shall not assign or subcontract its obligations under this agreement, except in
writing and with the prior written approval of the Board of County Commissioners for Monroe
County and Contractor, which approval shall be subject to such conditions and provisions as
the Board may deem necessary,
9. COMPLIANCE WITH LAW
The 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 said
statutes, ordinances, rules and regulations shall constitute a material breach of this agreement
and shall entitle the Board to terminate this contract immediately upon delivery of written note of
termination to the Contractor. The Contractor shall possess proper licenses to perform work in
accordance with these specifications throughout the term of this contract.
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
• 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 limits 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.
Emergency Management
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 this contract requires the
use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle
Liability Insurance. Coverage shall be maintained throughout the life of the contract, and
to include, as a milinimum, 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.
Q Workers Compensation insurance: Prior to the commencement of work governed by
this contract, the Contractor shall obtain Workers' Compensation Insurance with limits
sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with
limits of not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to
transact business in the state of Florida.
11. FUNDING AVAILABILITY
This contract is subject to annual appropriation by the Board of County Commissioners.
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:
Emergency Management 5
FOR COUNTY:
Irene Toner
Monroe County Emergency Management
490 63 RD St. Ocean Ste. 150,
Marathon, FL 33050
FOR CONTRACTOR:
Rebecca C. Quinn
104 41' St NE#2
Charlottesville, VA 22902
13. CANCELLATION
A. 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.
B. 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.
(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.
Emergency Management 6
(d) Meet all requirements for retaining public records and transfer, at no cost, to the
public agency all public records in possession of the contractor upon termination of the:
contract and destroy any duplicate public records that are exempt, or confidential and
exempt from public records: disclosure requirements. All records stored electronically
must be provided to the public agency in a format that is compatible with the information
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 valid provision
that comes as close as possible to the intent of the stricken provision.
17. ATTORNEYS FEES AND COSTS
The County and Contractor agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or
interpretation of this Agreement, the prevailing party shall be entitled to reasonable
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.
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
Emergency Management 7
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 Heavilln, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk Mayor
(SEAL)
Attest:
RCQuinn Consulting, Inc.
By:
Rebecca C. Quinn, President
MONROE COUNTY ATTORNEY
AM,FROV&DAS TO 0
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ASSIST NTCOUNTYATTO NEY
COUNTY
Date 10-3 it- a
Emergency Management 8
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 Local Mitigation Strategy, 2010 Revision. Based on FEMA's
date of approval, the LMS expires on December 6, 2015. 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—June 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
2015 Florida LHMS 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 FIDEM 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:
hW://www.monroecountvem.com/index.aspx?NID=l 35
b) FOEM and FEMA planning resources: www.floridadisaster.orq/Mitiqation/LocaI
(c) 2015 Florida LHMS Plan Review Tool/Crosswalk
(d) FEMA Local Mitigation Handbook and Plan Guidance
(e) NFIP CRS Coordinators Manual: www.CRSresources,or-q
Emergency Management 9
Scope of Work:
The 2015 Florida LHMS 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
facilitating the planning process and guiding the Work Group members to produce an
LMS update that is approved by FDEM. An important element is to identify changes
between the previously adopted LMS and the update. The LMS Work Group chair will
handle communications to the Work Group, the public, and other stakeholders.
The person or firm selected for this contract will perform the following tasks:
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.g., 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 direction of the Contractor.
(a) Review the HRVA, incorporate results into the LMS update, compare to the
2010HRVA to characterize differences
(b) Determine if the HRVA inventory adequately captures historic and cultural
resources
(c) Summarize the vulnerability of each hazard and community impacts, per Step
5 of the 2015 FL LHMS Crosswalk
(d) Facilitate obtaining the current Repetitive Loss list from FDEM and
preparation of maps
(e) Address potential impacts from climate change including sea level rise using
the Southeast Florida Regional Climate Change Compact Analysis of the
Vulnerability of Southeast Florida to Sea Level Rise
Task 3 — Capability Assessment& Other Plans (fifteen thousand dollars of
contract price)
(a) Review with each community its capability assessments that describe agency
functions and how hazard are addressed
Emergency Management 10
(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
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
(Tasks 4 and 4.5 are cumulatively worth fifteen thousand dollars 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 s:ubtask will be performed only if
specifically assigned. Communities that participate in the CRS that have 10 or more
properties identified by the NFIP as "repetitive loss" properties are required to
prepare "repetitive loss area analyses" in accordance with the FEMA Guidance
(CRS Coordinator's Manual; Mapping Repetitive Flood Losses). The analyses can
be adopted by individual communities as an addendum to the LMS.
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 (with 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 collect 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 (ten thousand
dollars of contract price)
Emergency Management
(a) Work Group meeting #2: review all revisions; summarize substantive
comments; incorporate current LMS projects provided by each jurisdiction into
update; consider new programmatic actions and prioritize; identify potential
projects that could also accrue CRS points; focus on mitigating Severe
Repetitive Loss and Repetitive Loss properties
(b) Complete all of the parts of the Plan Review Too[ 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
Task 6 — Final Draft LMS Update, Final LMS Update, and LIVIS Adoption (twelve
thousand five hundred dollars 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)
Emergency Management 1
ATTACHMENT B
FLORIDA 2015 LHMS REVIEW TOOL
13
STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT
LOCAL HAZARD MITIGATION PLAN REVIEW TOOL
INTRODUCTION:
In 2011, FEMA introduced the "Plan Review Tool" as the new preferred method to
review and approve LMiS plans.The purpose of FEMA's new Plan Review Tool was to
shorten the length of final plan review documents and to more closely align the
requirements of the review tool with the Code of Federal Regulations.An unintended
consequence of FEMA's Plan Review Tool is that information vital to plan approval)can
be easily overlooked. The Plan Review Tool also eliminates the space and requirement
for plan reviewers to justify how each of the requirements are met.
In an effort to mitigate the possibility of skipping the various components of the
requirements, FEMA will still require justification of how each of the elements are met,
the FDEM's Mitigation Planning Unit created its own plan review crosswalk.This
Microsoft Excel Workbook contains a number of Worksheets that are kinked together,
each which serves a very important purpose.This Excel Workbook will be used as the
primary tool to review new and updated LMS plans in the State of Florida.
In addition to identifying the elements FEMA will be specifically looking for during plan
reviews,this tool recognizes the 10-step Planning Process outlined under Section 510 of
the Community Rating System (CRS) program. Completing these elements is optional.
The primary purpose for including these 10-steps is to help communities see how closely
the CRS and LMS steps align. By completing these steps and documenting the process,
communities can come closer to obtaining the maximum number of CRS points for
Floodplain Management Planning activities.
Local Hazard Mitigation(Plan Review Tool 10/31/2014
14
KEY FOR WORKSHEET TABS AND ELEMENTS:
Required
Recommended/Optional
Auto-populated, Do not attempt to edit..
INSTRUCTIONS:
When a,county submits their LMS for approval,they will need to submit this document
with the information populated in a few different places.
STEP 1-
Complete Columns C,Jurisdiction Name, and Column D, Type of Jurisdiction on the
Jurisdiction Checklist tab,
STEP 2 m
Populate the Location in Flan boxes on the FL Crosswalk`14 tab.
WORKSHEETS EXPLAINED:
The FL(Crosswalk`14 tab contains the tool used by Florida to develop, update and
review LMS plans.
The FEMA Review Tool tab will be filled out automatically based on the information
entered)into the Florida)Crosswalk'14 tab.This tab will be printed and submitted'to
FEMA with a final copy of the LMS plan.
The Hazard Review Checklist tab contains the toad)that will be used by FDEM Plan
Reviewers when evaluating the plan's Hazard risk assessment information, This tool can
be used as an aid when counties are uipdating/evaluating their LMS plans. Counties are
encouraged to fill it out with the page locations of each requirement, but this step is
optional.
The Project List Template tab is an example of how counties can present their project
list in their LMS. Using this tab as an example will help communities meet many of the
mitigation strategy requirements,A county can fill out this table and include it in their
LMS if they choose, but it is not required. FDEM will not use this tab during the review of
your LMS plan.
The CRS Crosswalk tab has the crosswalk that is used for reviewing Section 510 plan
components of the CR5. It is not required for the counties to fill out for their LMS review
but page numbers will be automatically populated for CRS reviewers if counties fill out
the yellow boxes in the FL Crosswalk 114 tab.
State of Florida Division of Emergency Management April 2014 1 01 11
Local Hazard Mitigation Plan:Ftevlew Tool 10/31/2014
15
GBig 101Q Y
WIC IM
NION
INSTRUCTIONS:
Enter the requested information in each field below. For each requirement,please populate the"Location in Plan"cells.The
National Flood Insurance Program's(NFIP)Community Rating System(CRS)Crosswalk has been integrated into the LMS Crosswalk
to facilitate review of the planning requirements under this program.The CRS requirements can be hidden or shown by clicking the r
"+/ on the left hand side of the worksheet depending on whether or not communities choose to participate. If your community U
chooses to minimize the CRS requirements in this worksheet, please select the review tab,click on"Unprotect Sheet",click the"•"
next to each CRS requirement,and click"Protect Sheet"to ensure the funtionality of the tool
Jurisdiction: Title of Plan: Date of Plan:
i
Local Point of Contact: Address:
Title:
Agency:
Phone Number: E-mail:
l
udrNY(itllJiGIG(4Yt7f4ttiyUlUPrS�W II�7V�JkmNllr�Nivmm�mwwuwUwGUNA14P;s(dH$flN✓WTI!wgifWllkWUGGi��tYiliW:9>>'iuuwurouumi� v}�it '..:.uiElflWf6'r�+'WfdIA�O(�3VGV4N,NJr>1!!<WNilffk�rfirYriz^iv4tA4NIOi�W,S'ailoi�!�k✓�N6t�,JWil1�WlNi,�MY@�VVf9 upunwiwy'�,aiir>rN�OFIVWf�ntNfC�iiWW1fSWJUNNi�'�1NIViGGpNl�b �iNiNU�P i AfiNb4�YMW�WW3Y�h4�;1PoihbXG ,wfi� u�priipf,Wiwtguli��aA+�DDu�N4NllJ!�3t��'PllRi���II�i➢!kHBf�Yf"....IdiW!Nb4J+�ofp�
State Reviewer Title: Date:
Date Received by FDEM
Date Plan Not Approved
Date Plan Approved Pending Adoption
1
Date Plan Approved
i: r9H:s00:i r»uaW:r r„u wry : o�i:lrHo r:wairollu i o inurWr�:„ut�����s:i�i�nol��wi� :r::�uti7itu�� �:�:ouv I:' :r: � ,�W:�:row:rr r m tis rs::i:ioir:iro Nr�GW ov:
FEMA Reviewer: Title: Date:
Date Received in FEMA Region IV
Plan Not Approved
Plan Approvable Pending Adoption
Plan Approved
State of Florida Division of Emergency Management April 2014 1 c411
Local Hazard Mitigation Plan Ipteview'Tool 10/31/2014
16
Location
arid/orPlanning Process (section
number)P1. Does the LMS document the planning process,including how it was prepared(with a
narrative description,meeting minutes,sign-in sheets,or another method)?
P2. Does the LMS list the jurisdiction(s)participating in the plan that are seeking approval?
P3. Does the plan identify who represented each jurisdiction?(At a minimum,it must identify
the jurisdiction represented and the person's position or title and agency within the
)urisdiction.)
a.The office responsible for the community's land use and comprehensive planning is
actively involved in the planning process(4 pts)
w� c,, b.The planning committee is composed of staff that represent each of the categories
presented in Step 7(9 pts)
c.The planning process is formally created or recognized by the community's governing g
board(2 pts)
Reviewer Comments:
i
i
Required Revisions-
ON
....spiwwsuim11110 WNW
VJUAio'I"Utifu{OI�MMiN'^ 59'!!;.fo t w i�V ;f�P�➢NiONi!Dl�br1VlunA "iur�tu�urvuuaa b'FhryV�6!�WI DiIUWVNi(AYrrv7 u: ss�nuaa"i,. ,po;y,JI iI�WMU,. imiw,Wi" u,,. 7ttNJN i!��Uda' l iwwwc:. ir..,
P4" Does the LMS document an opportunity for neighboring communities,local,and regional 1
agencies involved in hazard mitigation activities,agencies that have the authority to regulate
development,as well as other interested parties to be involved in the planning process?
PS. IDoes the plan identify how the stakeholders were invited to participate in the process?
a.The planning process was conducted through a planning committee that has at least
tn mm a half of its members comprised of public or stakeholder representatives,meets a
U ,; sufficient amount of times,and is open and advertised to the public(60 pts)
b Public meetings held at the beginning of the planning process(1S pts)
Reviewer Comments.
t
l;
Required Revisions;
f
J
nti� iidPoli�tYtililli IU! fmt1�1S1t�0���11�Sy�fi96S�V�9ilf� �i��P�V��N�fl��S' 6���161�13�4tiY�IVtSNd�IM�t l� � 16tititi���111fi�w��ON�ii�Y�6 "' I I�Gfp�S��hSfifi���ti1 Mht di,
State of Florida Division of Emergency Management April 2014
Local Hazard Mitigation Plan Review Tool 10/31/2014
17
Planning Process continued... Location in Plan Met Not Met
P6. Does the LMS document how the public was involved in the planning process during the
Idrafting stage?
eq c.Public meeting held to accept input on the draft plan(15 pts)
cur OIL d.Other public information activities to explain the process or encourage input(Up to
30 pts)
Reviewer Comments:
Required Revisions:
LWAAMM
Planning Process continued... Location in Plan Met Not Met
Doles the LIVIS describe the review and incorporation of existing plans,studies,reports,and
technical information?
Ia.includes a review of existing studies and plans[REQUIRED](5 pts)
u 1b.Coordinating with communities and other agencies(Up to 30 pts)
Reviewer Comments:
Required Revisions:
I =0
State of Florida Division of Emergency Management April 2014 3,of II
Local Hazard Mitigation Plan Review Tool 10/31/2014
18
Location
Hazard Risk and Vulnerability Assessment (section and/or page M let Not Met
Doles the Plan include a general description of all natural hazards that can affect each
jurisdiction?
I'
R�2. Doles the Plan provide rationale for the omission of any natural hazards that are commonly
recognized to affect the jurisdictions)in the planning area? P�
a-2.Plan includes,a description of known flood hazard[REQUIRED](5 pts)
b, Plan includes assessment of less frequent floods including identifying the hazard,
mapping the affected area,and summarizing the hazard(10 pts)
W c Plan includes assessment of areas likely to flood or get worse in the future based on,
'^ development and climate change or sea level rise(5 pts)
d.The plan describes magnitude,history,and probability of other natural hazards
(5 pts)
Reviewer Comments:
Required Revisions-
WIN W ui ai omroNW�mwwt�r�l� '�UNiJPMN�4 ifR" law�wiimV�umwVMV iNDfiVM�i0N1�91UUNUI�fJ i�.: ylVg� a0�0��u... !v :ua.iw��il �w�fOM4M4WV DW,V(M➢l1�VUlih iv,�SMiv,�rylmuysuwfU �I4�'hUfD1N(�utihOlBwJ91a�6�1A
i • .-
[Olivia ...
R3. woes the Plan include a descriiption of the location for all natural hazards that can affect
each jurisdiction?
Step,4 a-1,Plan includes a map of known flood hazards (REQUIRED] (5 pts)
vti
Step 5 d.The assessment describes areas within the floodpllain that provide natural
functions(5 pts)
Reviewer Comments:
Required Revisions:
Hazard Risk and Vulnerability Assessment continued... Location in Plan Met t met
i
Y"RVhI I!�IN Nt�1'ViDli 01.E 7 YNim,Y l� WJ�➢91�INPP1 uNUi 'ml lll" P furolU" .ONU O( ONuimi6mrau NVftNM"tlJW;uu�M�VfiO." .i 1 �'DAf�f � l,I �ll v N�NVfif" I"D bNuui N o .
R4. Does the Alan include a description of the extent for all natural hazards that can affect each
jurisdiction?
i '
Reviewer Comments:
Required Revisions:
1
���(PllltidfllfWf(��ISlfil tCt iIM�(��Illi�lialfiYffR �Wi���h11�filNvt tshB:P �9hf�ll�9tl(If�Y
State of Florida Division of Emergency Management April 2014 4 W 1;1
Local Hazard Mitigation Plan Review Tool 10/31/2014
..........
Hazard Risk and Vulnerability A55essment LOntinued-, Location in Plan Met Not Met
Doles the Plan Rc—ludeinformation on previous occurrences of hazard events,for each
I ijurisdiction?
'*
CL
U B a-3.Plan includes a discussion of past floods[REQUIRED](S pts)
$A
L! I
Reviewer Comments:
Required Revisions:
NJ
Hazard Risk and Vulnerability Assie55ment continued— Location in Plan Met Not Met I
—Ir Does the Plan include information on the probability of future hazard events for each
* ijurisdiction?
Reviewer Comments:
Required Revisions-
6
Hazard R�sk and VulneiraWity Assessment continued— Location in Plan Met Not Met "I
IIs there a description of each hazard's Impacts on each jurisdiction(what happens to
structures,infrastructure,people,environment,etc.)?
a.Summary of the vulnerability to each hazard'identified in the hazard assessment and
their community impact[REQUIRED](2 pts)
b.Description of the impact of the hazards on:(max:25 pts)
(1),Life safety,and procedures for warning and evacuation(5 pts)
(2)Public health,including individual hazards from floodwaters/mold(5 pts)
(3)Critical facilities and infrastructure(5 pts)
cLLn
(4)The community's economy,tax base,and major employers(5 pts)
U W
4� (5)Number and type of affected buildings(5 pts)
c.Review of all damaged builidings/flood insurance claims(5 pts):
e.Includes a description of development,redevelopment,and population trends and a
discussion of what the future brings for development and redevelopment in the
community,the watershed,and natural resource areas(7 pits)
f.Includes a description of the impact of the future flooding conditions described iin
Step 4(c)on people,property,and natural floodplain functions(5 pits)
Reviewer Comments:
Required Revisions:
State of Florida Division of Emergency Management April 2014 6,of 11 I
Local Hazard Mitigation Plan Review Tool 10/31/2014
Hazard Risk and Vulnerabilityi Location Plan
R8: Is there a description of each identified hazard's overall vulnerability (structures,systems
populations or other community assets defined by the community that are identified as
being susceptible to damage and loss from hazard events)for each jurisdiction?
Reviewer Comments:
Required Revisions:
f
NIvI.IDDWNIw)m1l;rui���iNFWw`�''^u4yuWwiVIVI�VP�SRduOUNI�^.41Uf I�;YIor�S66i N69Vu 9f �uP�ono�m!,�til'!�'�iu df41�1Su�14�15f91iN1Uh.. ._ilfm OG'Hazard Risk and Vulnerability Assessment �muuwpli )NN1�f�JbSYSf� 7Jupl�rl�'NW'dwVu aY;1wY^!�S4fJ9J�1W"i➢.O�Nt NNirN1M1N!�uu�Wiw tM!��'dL4'd!eW:�rW19P�IbMll��l16k;�"W"itD��Jl�li9!,�e A9�mnwMia'�(I! IMrb�w(V'hUMNINi 49NnU4�bN�1'd(N:."." �ultlWpp�ymifd�
• •
... Location in Plan Met Not Met
R9. Does the Plan describe the type(residential,commercial,institutional,etc.)and number of
FEMA repetitive loss properties within each jurisdiction?
If there are one or more repetitive loss properties in the community,the community
must review and update the(list of repetitive loss properties,map repetitive loss areas,
describe the causes of the lasses,and send a outreach project to those areas each year.
A community with 10 or more repetitive loss properties(a"Category C"community)
must also prepare a plan for addressing its repetitive flood problem;.
Reviewer Comments:
1
Required Revisions:
I
State of Florida Division of Emergency Management April 2014 6 ofl '11,
Local Hazard Mit+gat'lon Plan (Review Tool 10/31/2014
21
Location
Mitigation (section • •
I.,!Does the Plan indllude goals to reduce/avoid long-term vulnerabilities to the identified lr
hazards?
Reviewer Comments:
Required Revisions-
I! mmrodtWw� ibw� gu � �W YAu fN i�i �591 �B�A6�mlmipm�uiui ll6si� ut
Mitigation Strategy continued... L.ocation Plan Met Not Met
52. Does the plan document each jurisdiction's existing authorities,policies,programs and
resources and its ability to expand on and improve these existing policies and programs?
Reviewer Comments:
l Required Revisions:
r
iuu u�OUf�Al MM1U1�)D)�ttpgOU�d��1!09u ��h �i0io��0i del➢k�!�;�Dr91ii ,Niyi.i a iiU09m UW 91 St4IMitiga u�v� on�ua�i "I?�l��W➢mY01SJ�,` �l�¢�wr�ws min �MDVP� i I i uUw;al�l�i��wm;�iwu�uioui. !4dJ�N�W,� IuNli_ ww�'mwMlv�aS�mmmr•r D, i i r v iwyM•;�,i,�a
ion Strategy continued... LocationNot
53. Does the Plan address whether or not each jurisdiction participates in the National iFINood
Insurance Program(NFIP)and how they will continue to comply with NFIP requirements?'
Reviewer Comments:
Required Revisions:
I
44����iil!i � G'u4` �I � �l��d+�' ' � M411�V�iBI�V64t�"��?��'i��Viii>~414ti4�'�7dliir�ld �WSi��1�S(h�l�(V�d�drrk�4 '" uf"- '� k'(Vr�t1r�l��filtl
State of Florida Division of(Emergency Management April 2014 7 of II
Local Hazard Mitigation Plan Review Tool 10/31/2014
22
Mitigation Stratevy continued- Location in Plan Met Not Met
7D—Oes thie Plan identify and;;;i7Zn comprehensive range--(d—ifferent alternatives),of specie k
Mitigation actions and projects to reduce the impacts from hazards?
S" Does the Plan identify mitigation actions for every hazard posing a threat to each
Iparticipating jurisdiction?
Reviewer Comments:
Required Revisions:
...........................
State of Florida Division of Emergency Management April 2014 8 of 11
Local Hazard Mitigation Plan Review Tool 10/31/2014
23
Mitigation Strategy continued Location in Plan Met Not Met
S 6 Bo the identified mitigation actions and projects have an emphasis on new and existing
1buildings and infrastructure?
S7. Does the Plan explain how the mitigation actions and projects will be prioritized(including
cost benefit review)?
S8. Does the Plan identify the position,office,department,or agency responsible for
implementing and administering the action/project,potential funding sources and expected
timeframes for completion?
Reviewer Comments:
Required Revisions:
OWNWma g11111111 NWOMVI)ffl�"MON EYE uvl�MIM
Mitigation Strategy continued.. Location in Plan Met Not Met
S9. 7Dog;the W9 identify the local planning mechanisms where hazard mitigation information
and/or actions may be incorporated?
SIO. Does the plan describe each community's process to integrate the data,information,and
hazard mitigation goals and actions into other planning mechanisms?
S11. The updated plan must explain how the jurisdiction(s)incorporated the mitigation plan,
when appropriate,into other planning mechanisms as a demonstration of progress in local
,hazard mitigation efforts.
Reviewer Comments:
I.
Required Revisions:
State of Florida Division of Emergency Management April 2014 9 0111
Local Hazard Mitigation Plan Review Tool 10/31/2014
24
Location in Plan
EvaluationPlan
• (sectionand/or
number)
Was the plan revised to reflect changes in development? (For plan updates only)
M2. Was the plan revised to reflect progress in local mitigation efforts?(Were projects (For plan updates only)
completed,deleted or deferred and why if they were deleted or deferred?)
M3. Was the plan revised to reflect changes in priorities since the plan was previously approved? Igor plan updates only)
I I
Reviewer Comments:
Required Revisions:
dfltifilN'Aq)tlFNllitl>661 " yW'NNWiVIIkV4(f71SUES4S4V9V44SNU64N1441'1DV7(Nl!UNU'UINM'W'IdillUI1WVWA N11N11 p tls f r S,.il N �,v?..... N(f fNMWDId11P,�pl@�7�1 :mlutGt4�IluiL,Vdi�WUd'�V'NV1�(41Vi1P(D�UfV,19N416fMDt4n41 NWf IuiluwMil9rkUi6V OuU,umJdNV VNPvibIIN:NNJMl91 bre,v✓7NAWwmp..,.WrDi�Nl(1uMMMl4^M4S�NN4is9NNtA401tififl964NJ1�i�rrN1'NUIm dINxm7�ail;lmfm�(agrf� �719;Y!fiUi1U9r7N NWGi9pDiAiN
Plan Evaluation - continued.. Location
Not Met
M4. Does the plan identify how,when,and by whom the plan will be monitored(how will
implementation be tracked)over time?
'M5. Does the plan identify how,when,and by whom the plan will be evaluated(assessing the
effectiveness of the plan at achieving stated purpose and goals)over time?
M6. Does the plan identify how,when,and by whom the plan will be updated during the 5-year
cycle?
M7. Is there discussion of how the community(ies)will continue public participation in the plan
t
maintenance process? l
Reviewer comments:
rRequired Revisions:
i
L ,
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State of Flonda Division of Emergency Management April 2014 100111
Local Hazard Mitigation Plan Review Tool 10/31/2014
25
Location in Plan
Plan Adoption (section and/or page Met Not Met
number)
Does the,Plan include documentation that the pila n has been formally adopted by the
governing body of the jurisdiction requesting approval?
A2. For multi-jurisdictional plans,has each jurisdiction requesting approval of the plan
documented formal plan adoption?
Reviewer Comments: -------7
D
F
Reviewer 0 0 documented
e
v r c r e u m C r m
t
0
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verning i e m e t g i-
n m P I
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e�h n
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e
a
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an
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Required Revisions:
State of Florida Division of Emergency Management April 2014 11 of 1,1
26
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31
LOCAL MITIGATION PLAN REVIEW, TOOL
The Local Mitigation Plan Review Tool demonstrates how the Local Mitigation Plan meets the
regulation in 44 CFR §201.6 andl offers,States and FEMA Mitigation Planners an opportunity to provide
feedback to the community.
• The Regulation Checklist provides a summary of FEMA's evaluation of whether the Plan has
addressed all requirements.,
• The Plan Assessment identifies the plan's strengths as well as documents areas for future
improvement.
• The Multi-jurisdilction Summary Sheet is an optional workshieet that can be used to
document how each jurisdictiion met the requirements,of the each Element of the Plan
(Planning Process; Hazard Identification and Risk Assessment; Mitigation Strategy; Plan
Review, Evaluation, and Implementation; and Plan Adoption).
The FEMA Mitigation Planner must reference this Local Mitigation Plan Review Guide when completing
the Local Mitigation Plan Review Tool.
Jurisdiction: Title of Plan: Date of Plan:
Local Point of Contact: Address:
Title*
Agency:
Phone Number: E-Mail:
State Reviewer: Title: Date:
Date Received by FD,EM
plan Not Approved
Flan Approvabte Pending Adoption
[Plan Approved
FEMA Reviewer: Title: Date:
Date Date Received in FEMA Region IV
Flan Not Approved
IPlan Approvable Pending Adoption
1111an Approved
Local Mitigation Plan Review Tool 107
32
SECTION 1:
REGULATION CHECKLIST
INSTRUCTIONS: The Regulation Checklist must be completed by FEMA. The purpose of the Checklist is
to identify the location of relevant or applicable content in the Plan by
Element/sub-element and to determine if each requirement has beeni 'Met' or 'Not Met.'The
'Required Revisions' summary at the bottom of each Element must be completed by FEMA to provide
a clear explanation of the revisions that are required for plan approval. Required revisions must be
explained for each plan sub-element that is 'Not Met.' Sub-elements should be referenced in each
summary by using the appropriate numbers (Al, B3, etc.), where applicablle. Requirements for each
Element and sub-element are described in detail in thiis Plan Review Guide in Section 4, Regulation
Checklist.
-------------------------------
1. REGULATION CHECKLIST Location in Plan
Regulation (44CFR 201.6 Local Mitigation Plans) (section ard/or page number) Met Not Met
ELEMENT A. PLANNING PROCESS
Al Does the Plan document the planning process,including how it was
prepared and who was involved in the process for each jurisdiction? X
(Requirement §201.6(c)(1))
A2. Does the Plan document an opportunity for neighboring
communities,local and regional agencies involved in hazard mitigation
activities,agencies that have the authority to regulate development as X
well as other interests to be involved in the planning process?
(Requirement§201.6(b)(2))
A3. Does the Plan document how the public was involved in the planning
process during the drafting stage?(Requirement§201.6(b)(1)) X
A4. Does the Plan describe the review and incorporation of existing plans, X
studies,reports,and technical informiation?(Requirement§201.6(b)(3))
T5. Is there discussion of how the comimunity(les)will continue public
participation in the plan maintenance process?(Requirement X
§201,6(c)i(4)(iii))
A6. Is there a description of the method and schedule for keeping the
plan current(monitoring,evaluating and updating the mitigation plan X
Within a 5-year cycle)?(Requirement§201.6(c)(4)(i)) I
ELEMENT A:REQUIRED REVISIONS
Local Mitigation Plan Review Tool of 7
33
1. REGULATION CHECKLIST Location in Plan
Regulation (44CFR 201.6 Local Mitigaition Plans) aard/arp.igv qumber) Met Not Met
1ELEMENT B. HAZARD IDENTIFICATION AND RISK ASSMEISSIMENT
B1.Does the Plan include a description of the type,location,and extent
of all natural hazards that can affect each jurisdiction(s)?(Requirement X
§201.6(c)(2)(i))
B2.Does the Plan include information on previous occurrences of hazard
events and on the probability of future hazard events for each X
jurisdiction?(Requirement§201.6(c)(2)(i))
131 Is there a description of each identified hazard's impact on the
community as well as an overall summary of the community's X
vulnerability for each jurisdiction?(Requirement§201.6(c)(2)(ii))
B4.Does the Plan address NFI P insured structures within the jurisdiction
that have been repetitively damaged by floods?(Requirement I X
§201.6(c)(2)(ii))
ELEMENT.B:.REQUIRED REVISIONS
ELEMENT C. MITIGATION STRATEGY
H1 Does the plan document each jurisdiction's existing authorities,
policies, programs and resources and its ability to expand on and improve
these existing policies and programs?(Requirement§201.6(c)(3)) X I
C2.Does the Plan address each jurisdiction's participation in the NAP and
continued compliance with NFIP requirements,as appropriate? X
(Requirement§201.6(c)(3)(ii))
C3. Does the Plan include goals to reduce/avoid long-term vulnerabilities
to the identified hazards?(Requirement§201.6(c)(3)(i)) X
C4. Does the Plan identify and analyze a comprehensive range of specific
mitigation actions and projects for each jurisdiction being considered to
reduce the effects of hazards,with emphasis on new and existing X
buildings and infrastructure?(Requirement§201.6(c)(3)(ii))
C5.Does the Plan contain an action plan that describes how the actions
identified will be prioritized(including cost benefit review), implemented,
and administered by each jurisdiction?(Requirement§201.6(c)(3)(iv)); X
(Requirement§201.6(c)(3)(iii))
C6. Does the Plan describe a process by which local governments will
integrate the requirements of the mitigation plan into other planning
mechanisms,such as comprehensive or capital improvement plans,when X
appropriate?(Requirement§201.6(c)(4)(ii))
ELEMENT C:REQUIRED REVISIONS
Local Mitigation Plan Review Tool 3of
34
1. REGULATION CHECKLIST Location in Plan
Regulation (44CFR 201.6 Local Mitigation Plans) �scclicn and/or pac.e nurnbcr)
Met Not Met
ELEMENT'D. PLAN REVIEMEVALUATION,AND IMPLEMENTATION (applicable to lane on['f)
D1.Was the plan revised to reflect changes in development?
(Requirement§201.6(d)(3)) x
D2.Was the plan revised to reflect progress in local mitigation efforts?
(Requirement§201.6(d)(3)) x
D3.Was the plan revised to reflect changes in priorities?(Requirement
§201.6(d)(3)) x
ELEMENT D:REQUIRED REVISIONS
ELEMENT E. PLAN ADOPTION
E'l. Does the Plan include documentation that the plan has been formally
adopted by the governing body of the jurisdiction requesting approval? x
(Requirement§201.6(c)(5))
E2.For multi-jurisdictional plans,has each jurisdiction requesting
approval of the plan documented formal plan adoption?(Requirement x
§201.6(c)(5))
ELEMENT E:REQUIRED REVISIONS
ELEMENT F.ADDITIONAL STATE REQUIREMENTS
F1.
F2.
ELEMENT F:REQUIRED REVISIONS
Local Mitigation Plan Review Tool 4 of 7
35
SECTION 2:
PLAN ASSESSMENT
----------
INSTRUCTIONS:The purpose of the Plan Assessment is to offer the local community more
comprehensive feedback to the community on the quality and utility of the plan in a narrative format.
The audience for the Plan Assessment is not only the plan developer/local community planner, but
also elected officials, local departments and agencies, and others involved in implementing the Local
Mitigation Plan.The Plan Assessment must be completed by FEMA. The Assessment is an opportunity
for FEMA to provide feedback and information to the community on: 1)suggested improvements to
the Plan; 2) specific sections in the Plan where the community has gone above and beyond minimum
requirements; 3) recommendations for plan implementation; and 4) ongoing partnership(s) and
information on other FEMA programs, specifically RiskMAP and Hazard Mitigation Assistance
programs. The Plan Assessment is divided into two sections.,
1. Plan Strengths and Opportunities for Improvement
2. Resources for Implementing Your Approved Plan
Plan Strengths and Opportunities for Improvement is organized according to the plan Elements listed
in the Regulation Checklist. Each Element includes a series of italicized bulleted items that are
suggested topics for consideration while evaluating plans, but it is not intended to be a comprehensive
list. FEMA Mitigation Planners are not required to answer each bullet item, and should use them as a
guide to paraphrase their own written assessment(2-3 sentences) of each Element.
The Plan Assessment must not reiterate the required revisions from the Regulation Checklist or be
regulatory in nature, and should be open-ended and to provide the community with suggestions for
improvements or recommended revisions. The recommended revisions are suggestions for
improvement and are not required to be made for the Plan to meet Federal regulatory requirements.
The italicized text should be deleted once FEMA has added comments regarding strengths,of the plan
and potential improvements for future plan revisions. It is recommended that the Plan Assessment be
a short synopsis of the overall strengths and weaknesses of the Plan (no longer than two pages), rather
than a complete recap section by section.
rResources for Implementing Your Approved Plan provides a, place for FEMA to offer information, data
sources and general suggestions on the overall plan implementation and maintenance process.
Information on other possible sources of assistance including, but not limited to, existing publications,
grant funding or training opportunities, can be provided.States may add state and local resources, if
available.
Local Mitigation Plan Review Tool 5 of 7
3,16
A. Plan Strengths and Opportunities for Improvement
This section provides a discussion of the strengths of the plan document and identifies areas where
these could be improved beyond minimum requirements.
Element A: Planning Process
Strengths:
Opportunities for Improvement:
Element B: Hazard Identification & Risk Assessment
Strengths:
Opportunities for Improvement:
Element C: Mitigation Strategy
Strengths:
Opportunities for Improvement:
Local Mitigation Plan Review Tool 6 of 7
37
Element D: Plan Update, Evaluation, and Implementation (Plan Updates Only)
Strengths:
Opportunities for Improvement.
B. Resources for Implementing Your Approved Plan
Local Mitigation Plan Review Tool 7 017
38,
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40
Emergency Management
ATTACHMENT C: COUNTY FORMS
1
Eiuergency Matlagement
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
I
VVII�Vvxj '�� �i; kd-vy�, C-
(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." 001110e110,
w" •`®f. PPS//�g'• (a(:
r� s M�coor
� -
" kph�0 'X- -
SSfpN
m' VL
(Signature) • e �,.
. r `. 3 r
•00
44 ZP0.0
Date: ' � � �
STATE OF:
COUNTY OF: d
,a
Subscribed and sworn to(or affirmed) before me on
(date)by 2Lku
4 ' t n
(name of aftiant) He/She is personally known
to me or has produced (type of identification)as
identification.
�.,..
NOTARY PUBLIC
y Commission Expires:
Page J� 23
42
Emergency Matia ement.
NON-COLLUSION[AFFIDAVIT
1, of the city of �i � �� 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 dead ibed in the Request for Proposals
for and that I executed
the said proposal wit �!�roject
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 will 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 teen 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 affidavit in awarding contracts for said project,
{S gnature)
Date; 2-0 1
m
STATE OF, (V k t
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 ident fioatio�n)as
,we�aw ur,,w
identification. ,•`� SAUAi^•'•.,
geG#3Ab��tG� < NOTARY PUBLIC
COMOC� plfS W
1 1� iii
fuly Commission ices;
Page 24 '••
43
Ernergency Managenient
DRUG-FREE WORKPLACE FORM
The undersigned venclor in accordance with Florida Statutes Section�287MV hereby
certifies that:
�CkX LA I Y) r-\ LU4C,,22�U
(Name of Business) �"-d
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 inl 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 ands will
notify the employer of any conviction of, or plea of guilty or nolo contenders
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.
C. 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. tt%4141810
ttt
le Z
No
(Signature)
Date:
2_0 14 12,t Z
S
6A, -STATE OF: V)t Q 10
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,...., Lill (type of identification)as 1 ontification.
NOTARY PUBLIC
My Commission Expires;
Page y 25
44
Emergency Management
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 co, Inn (Respondent's
name) nor any Affiliate has been placed on the convicted vendor list within the last 36
months.
11 oOR
(Signature) 00 C
Ato-*`.
Date,
kyc 318071
0
3V3
STATE OF A, A V14 1 ki I C11- 7,H OF
COUNTY OF: A k,
Subscribed and sworn to(or affirmed) before me on AL h
(date)by Lei:X_,0�-I I-L�Ir)r�� (name of aunt). He/She is personally known to me or has
produced \JEQX (type of identification)as
identification.
EUtu
NOTARY PUBLIC
My Commission Expires-,
PageII26
45
Emergency Management
ATTACHMENT D: RC QUINN & URS SUB-AGREEMENT
46
Ulm,
LETTER AGREEMENT
Gctober3l,2014
RCQuinn Consulting,Inc,
104 4"'Suret NE 92
Charlottesville,VA 22902-5200
SUBJECT: Letter Agreement for Professional Services
Dear Rebecca C.Oumn:
URS Group,hic.("URS")has agreed to provide services to RCQuirm Consulting("Client!)in connection with Monroe County,
Florida Local Mitigation Strategy Plan Review and Update("Project"),under the terms described below.
The services URS will perform for Client are described in the Prime Project Contract between the Client and Monroe County attached
hereto as Exhibit"A"of this letter.
Payment shall be made to URS as follows:
1. Amount and Method of Compensation: URS will receive W,100 to be paid by the Client in four payments upon completion of
specific tasks as set forth below in the table and upon approval of the specific interim and Final deliverables by the Monroe County
project manager.As required by Monroe County,invoices shall include"a record of employee time worked and[shall]differentiate
time worked at the rate for the different classification(s)."Payment shall be made within 14 days of Client's receipt of payment from
Monroe County.
URS Compensation
by Task Cony !s!ion
Task 3 512,400
Task 4&4.5 S12,400
Task 5 $8,800
Task 6 S 10,550
All services will be performed in accordance with the Terms and Conditions for Professional Services,attached hereto as Exhibit"B"
of this letter.
URS looks forward to working with you on this Project. If the terms of this agreement are acceptable,please sign this letter in the
space provided below and return it to me as ioon as possible,
Very truly yours,
URS Co {ion,
By: Ic
Tide: Vice krgai
This Agreement is accepted by CQuinn Consulting,Inc.this
—3 t-g,17, day of ga. 20 ,..J�
By ..... .......
Title:
PS-130 Later Agreement I(Y2009
4 7
Emergency Management
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 RCQuinn, Consulting, Inc. (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, and in compliance with 2015 Florida LMS Review Tool Crosswalk as specified in
Attachment B to this Agreement. The update to the 2010 Local Mitigation Strategy described in
Attachments 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 fifty two
thousand dollars ($52,500.00), inclusive. Payments will be made according to the tasks
outlined on Attachment A, as follows:
• Fifteen thousand dollars($15,000.00) of the contract price shall be paid upon completion of Task
3;
• Fifteen thousand dollars($1 5,000.00)of the contract price shall be paid upon completion of the
later of Tasks 4 (and 4.5, if necessary), cumulatively;
• Ten thousand dollars ($10,,000.00) shall be paid upon the completion of Task 5; and
• The final twelve thousand five hunidred dollars ($12,500.00) of the contract price shall be paid
upon completion of Task 6.
The Contractor shall submit to the County an invoice with supporting documentation
acceptable to the Clerk upon completion of each of the above-referenced Tasks.
Acceptability to the Clerk is based on generally accepted accounting principles and such
laws, rules and regulations as may govern the Clerk's disbursal of funds, The Contractor will
submit such invoice according to milestones for services provided during the period. The
invoice will include a record of employee time worked and differentiate time worked at the
rate for the different classification. Upon receipt of the Contractor's invoice in the proper
form as stipulated above and upon acceptance by the Clerk, Monroe County will make
payment in arrears in accordance with the Florida Local Government Prompt Payment Act,
Section 218.70, Florida Statutes.
4. TERM OF CONTRACT/RENEWAL
This contract shall be effective from November 18, 2014„ through December 6, 2015.
48
Emergency Management
5. HOLD HARMLESS 2
The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of
County Commissioners from any and ,all claims for bodily injury(including death), personal
injury, and property damage (including property owned by Monroe County) and any other
losses, damages, and expenses (including attorney's fees) which 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 Contractors 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 ($10.00) 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,
6. INDEPENDENT CONTRACTOR
At all times and for all purposes under this 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, effective the date of the court order. County or Contractor agree to
comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1)Title Wl 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; ) 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- ), as amended„ relating to confidentiality of alcohol and drug abuse patent
records; 8) Title V'III 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. 1201 Note!), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. VI,
prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin,
ancestry, sexual orientation„ gender identity or expression, familial .status or aye;
49
Emergency Management
3
and 11) any other nondiscrimination provisions in any Federal or state statutes which may
apply to the parties to, or the subject matter of, this Agreement.
8. ASSIGNMENT/SUBCONTRACT
The Contractor shall not assign or subcontract its obligations under this agreement, except in
writing and with the prior written approval of the Board of County Commissioners for Monroe
County and Contractor, which approval shall be subject to such conditions and provisions as
the Board may deem necessary.
9. COMPLIANCE WITH LAW
The 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 said
statutes, ordinances, rules and regulations shall constitute a material breach of this agreement
and shall entitle the Board to terminate this contract immediately upon delivery of written note of
termination to the Contractor. The Contractor shall possess proper licenses to perform work in
accordance with these specifications throughout the term of this contract..
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
• Products and Completed Operations
• 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 limits are provided, the miinimum 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 claiims 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.
50
Emergency Management
4
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 this contract requires the
use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle
Liability Insurance. Coverage shall be maintained throughout the life of the contract, and
to include, as a minimum, liability coverage for:
E awned, 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.
G) Workers Compensation Insurance: Prior to the commencement of work governed by
this contract, the Contractor shall obtain Workers' Compensation Insurance with limits.
sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with
limits of not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodiily 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.
1 I. FUNDING AVAILABILITY
This contract is subject to annual appropriation by the Board of County Commissioners.
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:
Emergency Management 5
FOR COUNTY:
Irene Toner
Monroe County Emergency Management
490 630D St. Ocean Ste. 150.
Marathon, FL 33050
FOR CONTRACTOR:
Rebecca C. Quinn
104 4"St NE #2
Charlottesville, VA 22902
13. CANCELLATION
A. 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.
B. 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 alll 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.
(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.
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Emergency Management 6
(d) Meet all requirements for retaining public records and transfer, at no cost, to the
public agency all public records in possession of the contractor upon termination of the
contract and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored electronically
must be provided to the public agency in a format that is compatible with the information
technology systems of the public agency.
16. SEVERABIUTY
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 valid 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 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.
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.
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
53,
Emergency Management '7
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:
RCQuinn Consulting, Inc.
By:
Rebecca C,1 Quinn, President
54
Emergency Management 8
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 Local Mitigation Strategy, 20101 Revision. Based on FEMA's
date of approval, the LMS expires on December 6, 2015. 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 —June 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
2015 Florida LHMS Crosswalk that incorporates federal and state: mitigation
planning requirements along with the current National Flood Insurance Program's
(NFIP) Community Rating System (CRS) Roodiplain 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:
hftp:/Iwww.monroecountvem.com/index.aspx?NID=l 35
(b) FDEM and FEMA planning resources: www.flori:ldadisaster.or-Q/Mitigation/Local
(c) 2015 Florida LHMS Plan Review Toni/Crosswalk
(d) FEMA Local Mitigation Handbook and Plan Guidance
(e) NFIP CRS Coordinators Manual: www,CRSresources.org
5
Emergency Management 9
Scope of Work:
The 2015 Florida LHM'S Crosswalk and FEA 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
facilitating the planning process and guiding the Work Group members to produce an
LMS update that is approved by FDEM. An important element is to identify changes
between the previously adopted LMS and the update. The LMS Work Group chair will
handle communications to the Work Group, the public, and other stakeholders.
The person or firm selected for this contract will perform the following tasks:
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. ., 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 direction of the Contractor.
(a) Review the HRVA, incorporate results into the LMS update, compare to the
2010HRVA to characterize differences
(b) Determine if the HRVA inventory adequately captures historic and cultural
resources
(c) Summarize the vulnerability of each hazard and community impacts, per Step
5 of the 2015 FL LHMS Crosswalk
(d) Facilitate obtaining the current Repetitive Loss list from FDEM and
preparation of maps
(e) Address potential impacts from climate change including sea level rise using
the Southeast Florida Regional Climate Change Compact Analysis of the
Vulnerability of Southeast Florida to Sea Level Rise
Task 3 --Capability Assessment& Other Plans (fifteen thousand dollars of
contract price)
(a) Reviews with each community its capability assessments that describe agency
functions and how hazard are addressed
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Emergency Management 10
(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
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/ActionstProjects
(Tasks 4 and 4.5 are cumulatively worth fifteen thousand dollars 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 NFIP as urepetitive losso properties are required to
prepare 'repetitive loss area analyses" in accordance with the FEMA Guidance
(CRS Coordinators Manual; Mapping Repetitive Flood Losses), The analyses can
be adopted by individual communities as an addendum to the LMS.
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 uCategory 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 (with 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 collect 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 (ten thousand
dollars of contract price)
5 7'
Emergency Management 11
(a) Work Group meeting#2: review all revisions; Summarize substantive
comments; incorporate current LMS projects provided by each jurisdiction into
update; consider new programmatic actions and prioritize, identify potential
projects that could also accrue CRS points; focus on mitigating Severe
Repetitive Loss and Repetitive Loss properties
(b) Complete all of the parts of the Plan Review Tool in final form, ready for
delivery to FDEM as reflected in Attachment B.
(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
Task 6— Final Draft LMS Update, Final LIVIS Update, and LMS Adoption (twelve
thousand five hundred dollars 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)
58
URS
URS Corporation
Terms and Conditions for Professional Services (Non-Environmental)
1. DEFINITIONS This Agreement is to be governed by the law of the state where URS'
"Client"shall mean the person,firm,or corporation Identified in the URS Services are performed.
Proposal for Mom Services are to be performed.
"URS"shall mean URS Group,Inc.,a Delaware corporation, 7. OWNER RESPONSIBILITIES
"Client Order"shall mean the purchase order,request,authorization,or Without limiting any express or implied obligations of Client under
other notification,and any addition or modification thereto,whereby Client applicable law,Client shall:(1)provide URS,in writing,all information
indicates Its desire that URS fumish Services. relating to Client's requirements for the project:(2)correctly identify to UIRS
"URS Proposal shall mean the letter,proposal,quotation,or other the location of subsurface structures,such as pipes,tanks,cables,and
notification,including any response to the Client Order,wherein URS offers utilities;(3)notify URS of any potential hazardous substances or other
to fumish Services, health and safety hazard or condition known to Client existing on or near
"Services"shall mean the Services of URS personnel described in the URS the project site„(4)give URS prompt written notice,of any suspected
Proposal or Client Order and any other Services as may be added to or deficiency in the Services;(5)with reasonable promptness,provide
performed in connection with this Agreement. required approvals and decisions;and(6)furnish or cause to be fumished
"6g teem jUn"shall mean these Terms and Conditions and the URS to URS full,unrestricted and legal access to,and use of,the site and all
Proposal,and shall include,only to the extent consistent with the URS necessary rights of way and easements,in order to perform the Services.
Proposal and!these Terms and Conditions,the provisions of the Client Client agrees to bear full responsibility for the accuracy and completeness
Order. In the event of a conflict between any terms and conditions deemed of all documents,Information,or services supplied by Client. Client
to be part of the Agreement and these Terms and Conditions,these Terms acknowledges that opinions retailing to environmental,geologic,and
and Conditions shall govern. geolechnical conditions are based on limited data and that actual conditions
may vary from those encountered at the times and locations where the data
2- STANDARD OF PERFORMANCE are obtained,despite the use of due professional care.
The standards of care for all professional engineering,consulting,and
related Services performed or furnished by URS and its employees under 8. SUCCESSORS AND ASSIGNS
this Agreement will be the care and skill ordinarily used by members of Client and URS,respectively,bind themselves,their partners,successors,
URS's profession practicing under the same or similar circumstances at assigns,and legal representatives to the covenants of this Agreement.
the same time and in the same locality, URS makes no warranties, Neither Client nor URS will assign,sublet,or transfer any Interest in this
express or implied,In connection with the Services,including any Agreement or claims arising therefrom without the written consent of the
warranties of merchantability or fitness for a particular purpose, other,
3. INSURANCE 9. DOCUMENTS AND INTELLECTUAL PROPERTY
URS agrees to procure and maintain,at its expense,Workers' All documents,Including all reports,drawings,specifications,computer
Compensation insurance as required by statute;Employer's Liability of software or other Items prepared or famished by URS pursuant to this
$1,000,000,Automobile Liability insurance of$100,000 combined single Agreement.,are instruments of service with respect to the project. URS
limit for bodily Injury and property damage covering all vehicles,including retains ownership of all such documents. Client may retain copies of the
hired vehicles,owned and non-owned vehicles;,Commercial General documents for its Information and reference In connection with the project;
Liability Insurance of$1,000.DOO combined single limit for personal Injury however,none of the documents are intended or represented to be suitable
and property damage,and Professional Liability insurance of$1,000,000 for reuse by Client or others on extensions of the project or on any other
per claim for protection against claims arising out of the performance of project Any reuse without written verification or adaptation by URS for the
Services under this Agreement caused by negligent acts,errors,,or specific purpose intended will be at Clients sole risk and without liability or
omissions for which URS Is legally liable, Upon request,Client shall be legal exposure to URS,and Client will defend,indemnify and hold harmless
made an additional Insured on Commercial General and Automobile URS from all claims,damages,losses and expenses,including attorneys
Liability insurance policies and certificates of Insurance will be furnished to fees,arising or resulting therefrom. Any such verification or adaptation will
the Client, entitle URS to further compensation at rates to be agreed upon by Client
and URS,
4. OPINIONS OF PROBABLE COST(COST ESTIMATES) 10.TERMINATION OF AGREEMENT
Any opinions of probable material or equipment cost,or probable Client or URS,after having afforded the other party a reasonable
construction cost,provided by URS,are made on the basis of Information opportunity to cure,may terminate the Agreement,in whole or In part,by
available to URS,and represents its judgment as an experienced and giving seven(7)days written notice,if the other party substantially falls to
qualified professional engineer, However,since URS has no control over fulfill its obligations under the Agreement through no fault of the terminating
the cost of labor,materials,equipment or services furnished by others.or party. Where the method of payment is"lump sum,'or cost
over competitive bidding or market conditions,URS does not guarantee reimbursement,the final invoice will Include all Services and expenses
that proposals,bids or actual equipment,materials,or construction cost will associated with,the project up to the effective date of termination, An
not vary from opinions of probable cast URS prepares. equitable adjustment shall)also be made IG provide for cancellation charges
S. CONSTRUCTION PROCEDURES and other termination settlement costs URS incurs as a result of
URS'observatlon or monitoring portions of the work performed under commitments that had become firm before termination,and for a
construction contracts shall not relieve the contractor from its responsibility reasonable profit for Services performed,
for performing work in accordance with applicable contract documents,. 11. SEVERAB�ILITY
URS shall not control or have charge of.and shall not be responsible for, If any provision of this Agreement is held Invalid or unenforceable,the
construction means,methods,techniques,sequences,procedures of remaining provisions shall be valid and binding upon the parties.One or
construction,health or safety programs or precautions connected with the more waivers by elther party of any provision,term or condition shall not
work,and shall not manage,supervise,,control or have charge of be construed by the other party as a waiver of any subsequent breach of
construction. URS shall not be responsible for the acts or omissions of the the same provision,term or condition,
contractor or other parties on the project,
6. CONTROLLING LAW 1Z INVOICES
PS-131 Terms&Conditions for Professional Services 1 (1012009)
(Non-environmental)
59
URS will submit invoices as specified in"I.Amount and Method of SHUTDOWN OR NON-OPERATIION,INCREASED COST OF
Compensation"in the Letter Agreement for Services rendered and Client CONSTRUCTION,COST OF CAPITAL,COST OF REPLACEMENT
will make prompt payments in response to URS'invoices. POWER OR CUSTOMER CLAIMS,AND URS HEREBY RELEASES
CLIENT AND CLIENT HEREBY RELEASES URS FROM ANY SUCH
URS will retain receipts for reimbursable expenses in general accordance LIABILITY.
with Internal Revenue Service rules pertaining to the support of
expenditures for income tax purposes.Receipts will be available for 17. LIMITATION OF LIABILITY
inspection by Client's auditors upon request. TO THE FULLEST EXTENT PERMITTED BY LAW,THE TOTAL
LIABILITY OF URS,ITS SUBCONSULTANTS,AND ITS EMPLOYEES
It Client disputes any items in URS'Invoice for any reason,Including the TO CLIENT FOR ANY LOSS OR DAMAGE ARISING OUT OF THE
lack of supporting documentation,Client may temporarily delete the PERFORMANCE OF SERVICES UNDER THIS AGREEMENT,
disputed item but shall pay all undisputed items appearing in the invoice, INCLUDING,WITHOUT LIMITATION,,LOSS OR DAMAGE ARISING
Client will promptly notify URS of the dispute and request clarification FROM NEGLIGENCE,BREACH OF CONTRACT,BREACH OF
and/or correction, After any dispute has been settled,URS VAIJ include the WARRANTY,INDEMNITY,OR ANY OTHER THEORY OF RECOVERY,
disputed item on a subsequent,regularty-scheduled invoice or on a special SHALL NOT EXCEED THE AMOUNT OF THE TOTAL CHARGES FOR
invoice for the disputed item only. SERVICES PERFORMED UNDER THIS AGREEMENT,AND CLIENT
Client recognizes that late payment of invoices results in extra expenses HEREBY RELEASES URS,ITS SUBCONSULTANTS,AND ITS
for URS, URS retains the right to assess Client interest ail the rate of one EMPLOYEES FROM ANY LIABILITY ABOVE SUCH AMOUNT
percent(11%)per month,,but not to exceed the maximum rate allowed by 18. LITIGATION SUPPORT
law,on invoices which are not paid vAthin thirty(30)days from the date of In the event URS is required to respond to a subpoena,,government
the invoice, In the event undisputed portions of URS'invoices are not plaid Inquiry or other legal process related to the Services in connection with a
when due,URS also reserves the night to suspend the performance of its legal or dispute resolution proceeding to which URS is not a party,Client
Services under this Agreement until all past due amounts have been paid shall reimburse URS for reasonable costs in responding and compensate
In full, URS at its then standard rates for reasonable time incurred in gathering
13. CHANGES: information and documents and allending depositions,hearings,,and trial.
The parties agree that no change or modification to this Agreement,of arty 19. NO THIRD PARTY BENEFICIARIES
attachments hereto,shall have any force or effect unless the change is This Agreement shall not create any rights or benefits to parties other than
reduced to writing,dated,and made pail of this Agreement. The Client and URS. No third party shall have the right to rely on URS
execution of the change shall be authorized and signed in the same opinions rendered in connection with the Services vAthout URS'written
manner as this Agreement. Adjustments in the period of Services and in consent and the third party's agreement to be bound to such terms and
compensation shall be In accordance with applicable paragraphs and conditions as URS,,in its sale discretion,agrees to offer,
sections,of this Agreement.. As the project progresses,the facts
developed may dictate a change in the Services to be performed,which 20. FORCE MAJEURE
may alter the scope, URS will inform Client of such situations so that
changes in scope and adjustments to flne time of performance and Any delay or failure of URS in performing its required obligations
compensation can be made as required, If such change,additional hereunder shall be excused if and to the extent such delay or failure is
Services,or suspension of Services results in an increase or decrease In caused by a Force Majileure Event. A'Force Maleure Event'means an
the cost of or time required for performance of the Services,an equitable event due to any cause beyond the reasonable control of URS and shall
adjustment shall be made,and the Agreement modified accordingly. Include,but not be limited to,acts of God,strike,labor dispute fire,
storm,flood,windstorm,unusually severe weather,sabotage,embargo,
terrorism,energy shortage,accidents or delay in transportation,
14,. HAZARDOUS MATERIALS accidents in the handling and rigging of heavy equipment,explosion,
It Is acknowledged by both parties that the Services do not include dot,war,court injunction or order,delays by acts or orders of any
services related to regulated substances,pollutants,or hazardous or governmental body or changes in laws or government regulations at the
toxic wastes("Hazardous Materialli. In the event URS or any other interpretations or application thereof or the acts or omissions of the
party encounters undisclosed Hazardous Materials,URS shall notify Client or its other contractors.vendors or suppliers. In the event of a
Client and,to the extent required by law or regulation,the appropriate Force Majeure Event,URS shall receive an equitable adjustment
governmental officials,and URS may,at its option and without liability extending URS'time for performance sufficient to overcome the effects
for delay,consequential or any other damages to Client,suspend of any delay,,and an increase(s)to URS'compensation sufficient to
performance of Services on that portion of the project affected by account for any Increased'!cost in performance or loss or damage
Hazardous Material until Client:(i)retains appropriate specialist suffered by URS,If Services are suspended for thirty(30)days or more,
consultants)or contractor(s)to identify and,as appropriate,abate, URS may,in,its sole discretion,upon 5 days prior written notice,
remediate,or remove the Hazardous material;and(0)warrants that the terminate this Agreement. In the case of such termination,In addition to
project site is in full compliance with all applicable laws and regulations. the compensation and time extension set forth above,URS shall be
If Services hereunder cannot be performed because of the existence of compensated for all reasonable termination expenses.
hazardous materials,URS shall be entitled to terminate this,Agreement
for cause an 30 days written notice:, 21.SURVIVAL
The provisions of this Agreement which by their nature are intended to
115. EXECUTION survive the termination,cancellation,completion,or expiration of the
This Agreement,including the exhibits and schedules made part hereof, Agreement,including,but not limited to,.any expressed limitations of,,or
constitute the entire Agreement between URS and Client,and supersedes releases from,liability,shall continue as valid and enforceable
all prior written or oral understandings. This Agreement may be amended, obligations or the parties notwithstanding any such termination,
supplemented at modified only by a written instrument duty executed by cancellation,completion,or expiration.
the parties.
I& NO CONSEQUENTIAL DAMAGES
TO THE FULLEST EXTENT PERMITTED BY LAW,NEITHER CLIENT
NOR URS SHALL BE LIABLE,WHETHER LIABILITY ARISES FROM
NEGLIGENCE,BREACH OF CONTRACT,BREACH OF WARRANTY,
INDEMNITY,OR ANY OTHER THEORY OF RECOVERY,FOR ANY
CONSEQUENTIAL,SPECIAL,INCIDENTAL,INDIRECT,PUNITIVE OR
EXEMPLARY DAMAGES,OR DAMAGES ARISING FROM OR IN
CONNECTION WITH LOSS OF USE,LOSS OF REVENUE OR
PROFIT(ACTUAL OR ANTICIPATED),LOSS BY REASON OF
PS-131 Terms&Conditions for Professional Services 2 (11CW2009)
(Non-environmental)