Loading...
CFRPC Planning Advisory Services Agreement for DEO Competitive Partnership GrantPLANNING ADVISORY SERVICES AGREEMENT BY AND BETWEEN CENTRAL FLORIDA REGIONAL PLANNING COUNCIL AND CITY OF OKEECHOBEE, FLORIDA THIS AGREEMENT is made and entered into this / S IF day of2019, by and between the Central Florida Regional Planning Council (hereinafter referred to as the "COUNCIL") and the City of Okeechobee, Florida (hereinafter referred to as the "CITY"). BACKGROUND The CITY entered into a Competitive Florida Partnership Grant Agreement (#P0346) with the State of Florida Department of Economic Opportunity ("DEO"), for Forty Thousand Dollars ($40,000.00), hereafter, together with the Attachments and Exhibits attached thereto, collectively referred to as the "GRANT AGREEMENT", a copy of which is attached hereto as Attachment A to: 1) complete a review of existing economic development and disaster preparedness documents; 2) facilitate public participation efforts to undertake outreach and engagement with residents; 3) take a comprehensive inventory of its assets; and 4) prepare an action -oriented economic development and disaster preparedness strategy. The CITY desires to engage the COUNCIL to provide professional planning services to assist the CITY in completion of the activities and deliverables detailed in the GRANT AGREEMENT. The COUNCIL desires to provide those professional services in accordance with the GRANT AGREEMENT, this Agreement, and the Scope of Work attached to the GRANT AGREEMENT as Attachment A (collectively, the "SCOPE OF SERVICES"). NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties hereto do mutually agree as follows: I. GENERAL The City engages the Council to assist the City by performing the tasks and services as detailed in the GRANT AGREEMENT, and by the COUNCIL, as detailed in this Agreement (collectively, the "WORK"). The COUNCIL shall provide the professional and other services to perform the WORK. The COUNCIL shall comply with all applicable terms and provisions of the GRANT AGREEMENT. II. SCOPE OF WORK The Council shall perform, in a satisfactory and proper manner, the tasks and services detailed in the GRANT AGREEMENT and the SCOPE OF SERVICES, and shall satisfy all requirements specified therein. III. COMPENSATION Page 1 of 9 As consideration for performance of WORK, the CITY agrees to pay the COUNCIL a maximum of $40,000 (forty thousand dollars) to be paid in two (2) payments as follows provided, however, that payment shall be made only after 1) timely submission of the respective Deliverable, which Deliverable shall meet the requirements set forth in the GRANT AGREEMENT and shall otherwise be acceptable to the CITY, and 2) receipt by the CITY of an acceptable and completed invoice from the COUNCIL: $20,000 by March 13, 2020 (for Deliverable 1). $20,000 by May 15, 2019 (for Deliverable 2). The GRANT AGREEMENT is cost reimbursable; the CITY will be reimbursed by DEO after proof of payment to the COUNCIL is provided. Approved invoices from the COUNCIL shall be in accordance with the CITY's payment policies and the requirements of Chapter 218, Part VII, Florida Statutes, the Local Government Prompt Payment Act. All fees and payments for services and costs other than the WORK shall be negotiated and contracted in advance, in writing, upon mutual agreement of the parties. IV. PERIOD OF AGREEMENT The services of the COUNCIL are to commence upon execution of this Agreement. This Agreement ends on June 30, 2020. V. NOTICES Any notice given by one party to the other in connection with this Agreement shall be in writing and shall be sent by Certified Mail, Return Receipt Requested, with postage and registration fees prepaid or by overnight courier: If to the CITY: City of Okeechobee City Administrator 55 SE 3rd Avenue Okeechobee, FL 34974 If to COUNCIL: Central Florida Regional Planning Council Executive Director 555 E. Church Street Bartow, Florida 33830 VI. MODIFICATION OF AGREEMENT Either party may request changes in the WORK to be performed by the COUNCIL pursuant to this Agreement, including adjustments in the funds provided under the Agreement if necessary and appropriate. Such changes mutually agreed upon by and between the CITY and the COUNCIL shall be incorporated in written amendments to this Agreement signed by both parties. Any extensions of the Agreement shall be mutually agreed upon by and between the CITY and the COUNCIL and shall be incorporated in written amendments to this Agreement signed by both parties. Page 2 of 9 VII. TERMINATION This Agreement may be terminated by written mutual consent of the parties. Either party may terminate this Agreement upon written notice of thirty (30) days. Written notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. In the event the Agreement is terminated, the COUNCIL shall be reimbursed in the amount commensurate with the work satisfactorily accomplished on the effective date of termination. VIII. COMPLIANCE WITH LAWS, JURISDICTION, AND VENUE The COUNCIL warrants, represents, and agrees that it will comply with all federal, state, and local laws, rules, and regulations applicable to the fulfillment of the requirements of this Agreement. The COUNCIL shall hold all licenses, certifications, and gain all permits necessary to provide the WORK. Damages, penalties, and fines imposed on the CITY or COUNCIL resulting from the COUNCIL's failure to obtain and maintain required licenses, certifications, and permits shall be borne by the COUNCIL. The laws of the State of Florida shall govern the construction, enforcement, and interpretation of this Agreement without regard to conflict of law principles. Any legal action by either party against the other concerning the performance of the WORK shall be filed in Okeechobee County, Florida, which shall be deemed proper and exclusive jurisdiction and venue for the action. IX. INDEPENDENT CONTRATOR AND PERSONNEL The parties agree that the Council, its officers, agents, and employees, in performance of this Agreement, shall act in the capacity of an independent contractor. All persons engaged in any of the work or services performed by or for the COUNCIL, pursuant to this Agreement shall at all times, and in all places, be subject to the COUNCIL's direction, supervision, and control. The COUNCIL shall not pledge the CITY's, the State of Florida's nor DEO's credit, nor make the CITY, State of Florida, or DEO a guarantor of payment or surety for any contract, debt, obligation, judgement, lien, or any form of indebtedness. The COUNCIL represents that it has, or will secure at its own expense, personnel, consultants or other special service providers necessary to perform the WORK pursuant to this Agreement. The COUNCIL shall continuously staff the WORK with the COUNCIL personnel or appropriate consultants as deemed necessary by the COUNCIL to fulfill its obligations under this Agreement. Qualified persons may be added, deleted, or substituted at any time during the period of this Agreement as the COUNCIL may deem necessary or appropriate. X. DATA TO BE FURNISHED TO COUNCIL Page 3 of 9 Upon reasonable request of the Council, the CITY shall provide to the Council all information, data reports, records, and maps in its possession, or which become available to it, that are necessary for the performance of WORK of the Council pursuant to this Agreement. XI. RIGHT TO WORK PRODUCTS Copies of all writings, maps, charts, reports, findings, and other relevant non -copyrighted material shall become the property of the CITY upon final payment for the services included herein. XII. ASSIGNMENT This Agreement shall not be assignable. XIII. CERTIFICATIONS: PUBLIC ENTITY CRIME, DISCRIMATORY VENDOR, SCRUTINZED COMPANIES The COUNCIL represents that it has full knowledge of the requirements contained in Section 287.133, Florida Statutes relating to public entity crimes and that by executing this Agreement, certifies that neither the COUNCIL nor agents, officers, or employees of the COUNCIL is no the convicted vendor list and that it is otherwise in compliance with the statute. The COUNCIL agrees it shall not violate such law and further acknowledges and agrees that any conviction during the term of this Agreement may result in termination of this Agreement. The COUNCIL affirms it is aware of the provisions of Section 287.1134, Florida Statutes, and by signing this Agreement certifies that at no time has the COUNCIL been placed on the Discriminatory Vendor List. The COUNCIL further agrees that it shall not violate such law during the term of this Agreement. The COUNCIL certifies, by signing this Agreement, that it is not on the Scrutinized Companies that Boycott Israel List, is not engaged in a boycott of Israel, is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations with Cuba or Syria. Pursuant to Section 287.135, Florida Statutes, Florida Statutes, the CITY may terminate this Agreement if the COUNCIL is or has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or if the COUNCIL is or has engaged in business operations in Cuba or Syria. XIV. INFORMATION RELEASE (PUBLIC RECORDS ACCESS) The CITY AND COUNCIL agree that the COUNCIL shall comply with Florida's public records law to specifically include: A. The COUNCIL shall comply with Florida Public Records law under Chapter 119, F.S. Records made or received in conjunction with this Agreement are public records under Florida law, as defined in Section 119.011(12), F.S. The COUNCIL shall keep and maintain public records required to perform the services under this Agreement. B. This Agreement may be unilaterally canceled by the CITY for refusal by the COUNCIL to either provide public records to the CITY upon request, or to allow inspection and copying Page 4of9 of all public records made or received by the COUNCIL in conjunction with this Agreement and subject to disclosure under Chapter 119, F.S., and Section 24(a), Article I, Florida Constitution. C. If the COUNCIL meets the definition of "Contractor" found in Section 119.0701(1)(a), F.S.; [i.e., an individual, partnership, corporation, or business entity that enters into a contract for services with a public agency and is acting on behalf of the public agency], then the following requirements apply: Pursuant to Section 119.0701, F.S., a request to inspect or copy public records relating to this Agreement for services must be made directly to the CITY. If the CITY does not possess the requested records, the CITY shall immediately notify Contractor of the request, and the COUNCIL must provide the records to the CITY or allow the records to be inspected or copied within a reasonable time. If the COUNCIL fails to provide the public records to the CITY within a reasonable time, Contractor may be subject to penalties under s. 119.10, F.S. ii. Upon request from the CITY's custodian of public records, the COUNCIL shall provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. iii. The COUNCIL shall identify and ensure that all public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the COUNCIL does not transfer the records to the CITY. iv. Upon completion of the Agreement, Contractor shall transfer, at no cost to CITY, all public records in possession of Contractor or keep and maintain public records required by the CITY to perform the services under this Agreement. If the COUNCIL transfers all public records to the CITY upon completion of the Agreement, the COUNCIL shall destroy any duplicate public records that are exempt or confidential and exempt from public disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the COUNCIL shall meet all applicable requirements for retaining public records. AH records that are stored electronically must be provided to CITY, upon request from the CITY's custodian of public records, in a format that is accessible by and compatible with the information technology systems of CITY. D. IF THE COUNCIL HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE COUNCIL'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY CLERK, THE CUSTODIAN OF PUBLIC RECORDS AT CITY OF OKEECHOBEE, (863) 763-9814, 55 SE 3RD AVENUE, OKEECHOBEE, FLORIDA 34974. If the COUNCIL does not comply with a public records request, CITY shall enforce the contract provisions which may include immediate termination of contract. The parties agree that all records that have been generated by the COUNCIL since this Agreement's effective date that qualify as public records will be kept and maintained in accordance with this Agreement. This Agreement shall be effective immediately upon approval by the CITY Commission. Page 5 of 9 XV. AUDIT AND RECORD KEEPING COMPLIANCE The Council acknowledges that it is aware of and shall comply with the audit and record keeping requirements set forth in Section E of the GRANT AGREEMENT. The COUNCIL shall account for proper use of funds and only expend funding under this Agreement for allowable costs resulting from obligations incurred during the term of this Agreement. XVI. CERTIFICATION OF NO GRATUITIES AND LOBBYING PROHIBITED The Council certifies by signing this Agreement that no official or employee of the CITY has solicited or accepted gratuities, favors, or anything of monetary value from the COUNCIL or parties or subcontracts. CITY and COUNCIL agents, officers, or employees shall not pay any gratuities, favors or anything of monetary value to any City Council member or employee of the CITY. XVII. EMPLOYMENT ELIGIBILITY VERIFICATION (a) Definitions. As used in this paragraph Employee assigned to this Agreement means an employee who was hired after November 6, 1986, who is directly performing work, in the United States, under this Agreement. An employee is not considered to be directly performing work under this Agreement if the employee— (1) Normally performs support work, such as indirect or overhead functions; and (2) Does not perform any substantial duties applicable to the agreement. Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of this Agreement or a subcontract under this Agreement. It includes but is not limited to purchase orders, and changes and modifications to purchase orders. Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for COUNCIL or another subcontractor. United States, as defined in 8 U.S.C. 1101(a)(38), means the 50 States, the District of Columbia, Puerto Rico, Guam, and the United States Virgin Islands. (b) Enrollment and verification requirements. (1) The COUNCIL must be enrolled in E -Verify at time of execution of this Agreement, and the COUNCIL shall use E -Verify to initiate verification of employment eligibility of— (i) All new employees. (A) Enrolled 30 calendar days or more. The COUNCIL shall initiate verification of employment eligibility of all new hires of the COUNCIL, who are working in the State of Florida, whether or not assigned to this Agreement, within three (3) business days after the date of hire; or (B) Enrolled less than 30 calendar days. Within 30 calendar days after enrollment in E -Verify, the COUNCIL shall initiate verification of employment eligibility of all new hires of the COUNCIL who are working in the State of Florida, whether or not assigned to this Agreement, within three (3) business days after the date of hire. (ii) Employees assigned to this Agreement. For each employee assigned to this Agreement, the COUNCIL shall initiate verification of employment eligibility, to the extent allowed by the E - Verify program, within 30 calendar days after date of execution of this Agreement or within 30 days after assignment to this Agreement, whichever date is later. (2) The COUNCIL shall comply, for the period of performance of this Agreement, with the requirements of the E -Verify program Memorandum of Understanding (MOU). Termination of the COUNCIL's MOU and denial of access to the E -Verify system by the Department of Page 6 of 9 Homeland Security or the Social Security Administration or the U.S. Citizenship and Immigration Service is an event of default under this Agreement. (c) Web site. Information on registration for and use of the E -Verify program can be obtained via the Internet at the U.S. Citizenship and Immigration Service's Web site: http://www.uscis.gov. (d) Individuals previously verified. The COUNCIL is not required by this paragraph to perform additional employment verification using E -Verify for any employee whose employment eligibility was previously verified by the COUNCIL through the E -Verify program. (e) Subcontracts. The COUNCIL shall include, and shall require the inclusion of, the requirements of this paragraph, including this subparagraph (e) (appropriately modified for identification of the parties), in each subcontract that includes work performed in the United States under this Agreement. XVIII. NON-DISCRIMINATION AND HARASSMENT -FREE WORKPLACE The COUNCIL shall not discriminate unlawfully against any individual employed in the performance of this Agreement because of race, religion, color, sex, physical handicap unrelated to such person's ability to engage in this work, national origin, ancestry, or age. The COUNCIL shall provide a harassment -free workplace, with any allegation of harassment given priority attention and action by management. XIX. DISCLOSURE OF LEGAL PROCEEDINGS Pursuant to Section I of the GRANT AGREEMENT, the COUNCIL shall disclose all prior or on- going civil or criminal litigation, investigations, arbitration, or administrative proceedings, including those that occur during the term of this Agreement. XX. INDEMNIFICATION The COUNCIL shall, in addition to any other obligation to indemnify the CITY and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the CITY, its elected officials, employees, agents, and volunteers from and against all claims, actions, liabilities, losses (including economic loses), costs, including attorneys' fees and all costs of litigation, and judgements of every name and description arising out of or incidental to the performance of this Agreement or work performed under or related to this Agreement, unless caused by the sole negligence of the CITY, its elected officials, employees, agents, or volunteers. Any cost or expenses, including attorney's fees (including appellate, bankruptcy or patent counsel fees), incurred by the CITY to enforce this Indemnification shall be borne by the COUNCIL. This Indemnification shall also cover all claims brought against the CITY, its elected officials, employees, agents, or volunteers by any employee of the COUNCIL. The COUNCIL's obligation under this Indemnification shall not be limited in any way to the agreed upon contract price as shown in this Agreement or the COUNCIL's limit or lack of sufficient insurance protection. Upon completion of all services, obligations, and duties provided for this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Indemnification shall survive indefinitely. XXI. TERMS AND CONDITIONS Page 7 of 9 This Agreement and attachments incorporated by reference constitute all the terms and conditions agreed upon by the parties. If any term or provision of this Agreement is found to be illegal, invalid or unenforceable, then such term or provision shall be severed from this Agreement. This Agreement and the rights and obligations of the parties shall be construed as if this Agreement did not contain such severed term or provision, and this Agreement otherwise shall remain in full force and effect. The parties further agree to reform this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this Section shall not prevent this Agreement from being void should a provision which is the essence of this Agreement be determined to be void. IN WITNESS WHEREOF, the CITY and the COUNCIL have caused this Agreement to be executed by their undersigned officials as duly authorized. CITY OF OKEECHOBEE ng R. Watford, Jr., a Lane amiotea;tMC, City Clerk CENTRAL FLORIDA REGIONAL PLANNING COUNCIL By:1/6/1. Patricia M. Steed, Executive Director ANitne s APPROVED AS TO LEGAL FORM AND SUFFIC1,? ENCY: e John R. Cook, City Attorney d Page 8 of 9 Council Attorney SERVING THE COUNTIES OF • DESOTO • HARDEE • 11iGi iLANDS • OKEECHOBEE • POLK Date: October 11, 2019 To: Robin Brock, Executive Assistant City of Okeechobee From: Jennifer Codo-Salisbury, Deputy Director1c-5 cc: Tauri Hulse, Finance Director, CFRPC Subject: Signed FY 19-20 City of Okeechobee Planning Advisory Services Agreement Florida Department of Economic Opportunity Competitive Florida Partnership Grant Enclosed please find one original signed copy of the following Planning Advisory Services Agreement with the Central Florida Regional Planning Council (CFRPC). • FY 2019-2020 Planning Advisory Services Agreement for Florida Department of Economic Opportunity Competitive Florida Partnership Grant. We greatly appreciate the opportunity to be of service to the City of Okeechobee. CENTRAL FLORIDA REGIONAL PLANNING COUNCIL 555 EAST CHURCH STREET. BARTOW. FL 33830-3931: P.O. BOX 2089 BARTOW. FL 33831-2089 (863) 534-7130 • FAX (863) 534-7138 • TOLL FREE (800) 297-8041 • WEBSITE WWW.CFRPC.ORG Attachment A COMPETITIVE FLORIDA PARTNERSHIP GRANT AGREEMENT Between STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY and CITY OF OKEECHOBEE, FLORIDA Agreement #P0346 (Executed Copy Attached) Page 9 of 9