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HomeMy WebLinkAboutItem III (D) Approval and Authorization for Mayor and City Clerk to execute Municipal/County Local Mitigation Strategy Subcontract Agenda 8-18-98 Item III D OCOEE FIRE DEPARTMENT 125 N. BLUFORD AVE. OCOEE, FLORIDA 34761-2216 Ron Strosnider Business 656-7796 Fire Chief EMERGENCY 911 MEMORANDUM To: The Honorable Mayor and City Commission From: Richard Firstner, Assistant Fire Chief Date: August August 18, 1998 Re: MUNICIPAL/COUNTY LOCAL MITIGATION STRATEGY SUBCONTRACT Background Orange County has received authority and funding from the State of Florida, Department of Community Affairs, to develop a coordinated, consistent plan and strategies to enhance the resistance of Orange County and it's Municipalities to the impacts of disasters. As part of this initiative, the City of Ocoee will sub-contract with Orange County to participate in the development of a single unified mitigation strategy. Discussion The City of Ocoee has been allocated $7,500.00 to support its participation in the development of the mitigation plan. The sub-contract specifies that the City will be part of the unified plan, and benefit from the County's technical analyses, managerial actions, and planning efforts, in return for the City's allotted share (7,500.00). On June 16, 1998, the City Commission agreed to participate in the countywide Hazard Mitigation Strategy and voted to pool the City's share of the grant allotment for this purpose. Recommendation Staff recommends that the Commission approve the sub-contract with Orange County and participate in the development of the Municipal/County Local Mitigation Strategy. Oke/ .jJ A Contractual Services Agreement between City of Ocoee and Orange County to complete a local hazard mitigation strategy. Whereas, Orange County has received authority and funding from the State of Florida, Department of Community Affairs, to support development of coordinated, consistent plans and strategies to enhance the resistance of its communities to the impacts of disasters, and Whereas, City of Ocoee's participation in this program is necessary to develop a single, unified county-wide strategy to mitigate the human and economic impacts of disasters, and Whereas, City of Ocoee has been allocated $7,500 to support its participation in this effort, Now, therefore, the County and City of Ocoee, hereinafter referred to as "Municipality", agree to the following: 1] Applicability of State Agreement with Orange County The County and Municipality agree that Contractual Services Agreement 98-LM-4H-0658-01- 048 between Orange County and the State of Florida, Department of Community Affairs, executed March 31, 1998 is applicable to this agreement, and is hereby incorporated in its entirety by reference. 2] Scope of Work The Municipality recognizes that the agreement referenced in 1] above requires the development of a single, unified local hazard mitigation strategy for Orange County and that there are stipulated requirements for municipal participation in said agreement. The Municipality further recognizes that certain of the requirements for municipal participation in said agreement can be most effectively completed by the County on its behalf. Accordingly, the Municipality shall fully perform the actions specified in the Scope of Work appended to this agreement as Attachment A, and empowers the County to perform such technical analyses, managerial actions, and planning efforts on its behalf as identified in the attachment, in return for retention by the County of the portion of the Municipality's allocation specified in the attachment. 3] Incorporation of laws, rules, regulations and policies Both the Municipality and County shall be governed by applicable state and federal laws, rules and regulations in the execution and implementation of this agreement. 4] Period of Agreement This agreement shall begin upon execution by both parties and shall end August 31, 1999, unless terminated earlier in accordance with the provisions of this agreement, or unless the agreement between the State and the County is terminated in accord with the provisions of 11] below. No (deliverables) shall be accepted from the Municipality after August 31, 1999. There shall be no extensions of the final completion date of August 31, 1999 for the Municipality Agreement to Develop a Local Mitigation Strategy,Page 2 unless the County has previously been granted an extension to its final completion date under the agreement cited in 1] above. 5] Authorized Representative and Notices For the County Robert L. Lemley, CEM, Executive Director, 6590 Amory Court, Winter Park, Florida, is the authorized representative for administration of this agreement. For the Municipality, Ron Strosnider, Fire Chief, 125 N. Bluford Avenue, Ocoee, Florida is the authorized representative for administration of this agreement. All correspondence, invoices, notices, and communications regarding this interpretation and implementation of this agreement shall only be made through these authorized representatives. 6] Modifications Either the County or Municipality may request modification of the technical provisions of this agreement. Such modification shall only be valid when prepared in writing and signed by the authorized representative of both parties, listed in 5] above. Such modifications shall not change the scope of work described in this agreement or the agreement between the County and the Department referenced in 1] above without the prior written authorization of the Department. 7] Record Keeping All original records pertinent to this agreement shall be retained by the County and Municipality for three years following the date of termination of this Agreement or the submission of the last (deliverable), whichever occurs first. Exceptions to this requirement shall be only those allowed pursuant to the County's agreement with the State, referenced in 1] above. Access to all such original records shall be provided to the County and its authorized agents by the Municipality and any of its agents during normal business hours. Likewise, access to all such original records retained by the County shall be provided to the Municipality and its authorized agents by the County and any of its agents during normal business hours. 8] Use of Contractors by Municipalities The Municipality is empowered, at its choice, to utilize contracted professional services in the execution of its responsibilities given in Attachment A. The County, in its discretion, reserves the right to approve the selection of said contractors or consultants as to their professional qualifications and capabilities to conduct the technical work encompassed by this agreement. If the Municipality elects to utilize contracted services, it is solely responsible for the satisfactory and timely completion of the scope of work defined in Attachment A, as well as for the payments and other compensation due to the contractor engaged by the Municipality. The Municipality holds harmless the County for any and all actions and responsibilities made by the Municipality to its contractors under this agreement. Agreement to Develop a Local Mitigation Strategy,Page 3 9] Reports and Information from Municipality Reports, analyses, and other documentation relevant to and/or necessary for completion of the scope of work given in Attachment A shall be provided to the County's authorized representative on the schedule stipulated in Attachment A or as mutually agreed to in writing by the County's and Municipality's authorized representatives; as listed in paragraph five (5) above. 10] Liability The Municipality agrees that it is solely responsible for the conduct and completion of the scope of work assigned to the Municipality as set forth in "Services and Products to be Provided by the Municipality" as set forth in Attachment A, and that it and all its agents shall hold the County harmless against all claims of whatever nature by third parties arising out of the performance of the work under this agreement. The County agrees that it is solely responsible for its conduct and completion of the scopy of work assigned to the County as set forth in attachment"A", and that it and all its agents shall hold the Municipality harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this agreement, the Municipality agrees that it is not an employee or agent of the County, but is an independent contractor. Nothing herein is intended to serve as a waiver of the rights or privileges of sovereign immunity held by the County and Municipality under the laws of the State of Florida. 11] Default, Remedies and Termination Execution and implementation by the County of this agreement is fully contingent upon the following: A. Receipt by the County of the funding provided by the State of Florida pursuant to the agreement referenced in 1] above, B. The continuation and completion of the agreement referenced in 1] above between the County and the State, C. The satisfactory, timely and full completion by the Municipality of the scope of work defined in Attachment A, and D. The full compliance by the Municipality of each and all terms of this agreement. Should one or more of these circumstances not occur, this agreement may, at the County's sole discretion, be considered in default. Upon such an occurrence, in the County's sole discretion, the County shall notify the Municipality's authorized representative in writing of such a default and that one or more of the following remedies will be exercised: • Request for voluntary correction or modification of work not performed by the Municipality to the satisfaction of the County. If voluntary correction or modification is not performed within three (3)weeks of written notification, the County may exercise the following remedies; Agreement to Develop a Local Mitigation Strategy,Page 4 • Commencement of administrative and/or legal actions to compel corrective actions by the Municipality, • Termination of this agreement, and/or • Any other rights or remedies which may be otherwise available to the County under law. In the event of default by the County of any term or condition of this subcontract, the Municipality is entitled to a remedy otherwise available to the Municipality under law. 12] Applicability of Provisions Should any provision of this agreement be found to be invalid or contrary to law, all remaining provisions of this agreement shall remain valid and in force. 13] Other Terms and Conditions Other terms, conditions and requirements for the Municipality are appended hereto and incorporated by reference as Attachments: None 14] Payment for Services and Expenses The Municipality agrees that the County is to retain the Municipality's allocation from the Florida Department of Community Affairs in exchange for the County's performance of the technical and organizational tasks necessitated by state requirements in the development of a local mitigation strategy. Therefore, there will be no payments made by the County to the Municipality pursuant to this agreement. Payment for any services contracted for by the Municipality, if any, for the implementation of this agreement are the sole responsibility of the Municipality. 15] Legal Authorization The Municipality certifies with respect to this agreement that it possesses the legal authority to receive the funds to be provided under this agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this agreement with all covenants and assurances contained herein. The Municipality also certifies that the undersigned possesses the authority to legally execute and bind the Municipality to the terms of this agreement. In Witness Whereof, the parties hereto have caused this agreement to be executed by their undersigned officials as duly authorized. Agreement to Develop a Local Mitigation Strategy,Page 5 DATED this day of , 1998. Attest: CITY OF OCOEE By: Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) For Use And Reliance Only By The City Of Ocoee,Approved As to Form And Legality This Day Of , 1998. Approved by the Ocoee City Commission at a meeting held on the above date under agenda Item No. . FOLEY& LARDNER By: City Attorney FOR ORANGE COUNTY: Signature Date Printed Name Title ATTACHMENT A Enhanced Municipal Participation in Orange County's Local Mitigation Planning Scope of Work for City of Ocoee Development of a Local Mitigation Strategy Purpose This attachment to the agreement between Orange County and City of Ocoee describes the scope of services that will be provided by City of Ocoee to participate in the development of a unified hazard mitigation strategy for Orange County. It also describes the services and work products to be provided by Orange County on behalf of the Municipality. Payment Amounts, Schedule and Conditions City of Ocoee will receive $7,500 for the services to be provided and work products to be developed, as described herein. The Municipality, in turn, requests the County to perform the majority of the services and develop the work products needed to meet its responsibilities pursuant to the Guidelines issued by the State of Florida, Department of Community Affairs, "The Local Mitigation Strategy:A Guidebook for Florida Cities and Counties," hereinafter termed State guidance. In exchange for these services and the development of the necessary work products, the Municipality authorizes the County to retain its designated allocation. Services and Products to be Provided by the Municipality In support of the Orange County planning effort, the Municipality will provide the following services on the schedule to be identified by the County: A. By resolution of the Municipal Commission, formally agree to participate in the Orange County mitigation planning effort established under the auspices of Orange County Office of Emergency Management, Fire/Rescue Division, B. Designate an individual to serve as the Municipality's representative on the Steering Committee established to provide oversight to the planning program, C. Ensure participation of the designated member in Steering Committee meetings and activities related thereto for the duration of the program until at least the completion of the initial planning process on August 31, 1999, D. Ensure tabulation of time spent by personnel of the Municipality and its volunteer organizations in assisting Orange County project staff as volunteered in-kind services, and provide said tabulations to the Orange County project staff on request, E. Actively assist the Orange County project staff in accessing the following information: • A listing of municipal agencies and the mitigation functions they perform, • A listing of existing municipal policies, ordinances and programs that affect mitigation, Attachment A,Page 2 • An evaluation of existing municipal mitigation policies, ordinances and programs and an evaluation of their effectiveness in reducing losses of life and property, F. Actively assist, as a member of the Steering Committee, in the identification and prioritization of mitigation initiatives, G. Actively assist the Orange County project staff by providing information for the identification of private sector interests from within the Municipality to be solicited for participation in the planning process, H. Actively assist the Orange County project staff by providing information for the identification of important public and private facilities and services within the Municipality, including those defined by the County as critical facilities or subject to Section 302 of the federal Emergency Planning and Community Right-to-Know Act, I. Assist the Orange County Office of Emergency Management in providing information and in decision-making necessary to establish the operational concepts to be utilized in the emergency response plan to be prepared for the Municipality by the County pursuant to this attachment, J. Review the draft mitigation strategy prepared by the Orange County project staff and Steering Committee, and provide comments and recommendations to be used in preparation of the final strategy, and K. Present the final mitigation strategy and emergency response plan to the Municipal Commission and make a recommendation as to adoption of all those portions relevant to the Municipality. Services and Products to be Provided by the County Acting on behalf of the municipality, and in return for retaining the Municipality's allocation from the State, the County will provide the following services and develop the following work products: A. Establish the Steering Committee and Working Group, plan meeting schedules, and provide staff services thereto, B. Support the subcommittees of the Steering Committee and Working Group, C. Document all meetings of the Steering Committee and Working Group in accord with State guidance, D. Gather the information available from Municipal agencies necessary to prepare the vulnerability assessment, statement of guiding principles, procedures for conflict resolution, methods to update and enhance the strategy, identification of mitigation initiatives and desired priorities, in accord with state guidance, E. Prepare the following documents and technical analyses on the schedule necessary to fulfill the County's responsibilities under its contract with the State and in accord with State guidance, inclusive of the responsibilities of the Municipality to address State guidance: • All promotional materials and educational information needed for a community-wide awareness program regarding the objectives and functioning of the Orange County mitigation planning effort, including preparation and distribution of media releases, Attachment A,Page 3 • All guidance documentation, such as questionnaires, model programs, etc., necessary to enable participation by the Municipality, • A comprehensive vulnerability assessment of Orange County, including the Municipality's jurisdiction, • An analysis of the relevant local statutes, plans, policies and programs instrumental to management of mitigation and post-disaster redevelopment in Orange County, • A written procedure for resolution of organizational conflicts and for coordination of multi-organizational participation to be used by the Municipality and the County during development of the local strategy, • A written procedure for use by the Municipality to participate in updating and enhancing the local mitigation strategy once it is completed, • A listing of all mitigation initiatives applicable to the Municipality and the remainder of Orange County, and development of an objective approach for their prioritization, considering recommendations made by the Municipality, and • Identification of potential funding sources to support implementation of the priority mitigation initiatives, F. Prepare a draft mitigation strategy for Orange County, encompassing the concerns and jurisdiction of the Municipality, and distribute it for review by interested agencies and organizations, G. Provide the necessary staff support to the public review process for the draft strategy, and to organize public input to finalizing the strategy, H. Prepare a final mitigation strategy for Orange County encompassing the concerns and jurisdiction the Municipality and provide a copy to the Municipality, and I. As needed, provide support services and guidance in the adoption of the strategy by local governments, including the Municipality. Coordination, Consultation and Monitoring Throughout implementation of this agreement and the above scope of work, the County and Municipality, separately as needed and through the Municipality's representation on the Steering Committee, will coordinate all activities, monitor progress in development of the strategy, and consult on all areas of mutual interest relevant to hazard mitigation, post-disaster redevelopment and preparation of the Orange County mitigation strategy.