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08/20/2014 AgreementAMY NEAVILIN, CPA CLERK OF CIRCUIT COURT &COMPTROLLER ONxoUauNrc, aMU DATE: August 27, 2014 TO: Roman Gastesi County Administrator ATTN. Connie Cyr FROM: Lindsey Ballard, D. C�k At the August 20, 2014, Board of County Commissioner's meeting the Board granted approval and authorized execution of Item L3 Agreement between FCRC Consensus Center, FSU (Center), and Monroe County Board of County Commissioners for professional services on Affordable Workforce Housing Stakeholder Assessment and authorization for the County Administrator to execute the agreement. Enclosed is a duplicate original of the above - mentioned for your handling. Should you have any questions, please feel free to contact my office. cc: County Attorney Finance File 500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305 - 295 -3130 Fax: 305- 295 -3663 3117 Overseas Highway, Marathon, FL 33050 Phone: 305 - 289 -6027 Fax: 305 - 289 -6025 88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax. 305 - 852 -7146 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN FCRC Consensus Center, Florida State University AND MONROE COUNTY THIS AGREEMENT ( "Contract/Agreement ") is made and entered into this 20 day of August, 2014, by Monroe County ( "COUNTY "), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Suite 205, Key West, Florida 33040, and the FCRC Consensus Center, FSU (CENTER), a SUS University Center with its principal place of business at: 2035 E. Paul Dirac Drive, Morgan Building, Suite 102 Tallahassee, Florida 32310 Section 1. SCOPE OF SERVICES The CENTER shall do, perform and carry out in a professional and proper manner certain duties as described in the Scope of Services — Exhibit A — which is attached hereto and made a part of this Agreement. Section 2. COUNTY'S RESPONSIBILITIES 2.1 Designate in writing a person ( "Contract Manager') with authority to act on the COUNTY'S behalf on all matters concerning the work product. 2.2 Coordinate with CENTER as necessary for CENTER'S performance of the tasks in Exhibit A. Section 3. TIME OF COMPLETION The services to be rendered by the CENTER shall be commenced upon written, including email, notice from the COUNTY, and the work shall be completed in accordance with the schedule mutually agreed to by the COUNTY and CENTER as shown in Exhibit A, and shall be completed no later than March 31, 2015, unless it shall be modified in a signed document, by the mutual consent of the COUNTY and CENTER. Subsequent services shall be performed in accordance with schedules of performance which shall be mutually agreed to by COUNTY and CENTER. County, through its Growth Management Director, shall have the authority to amend the schedule. Section 4. COMPENSATION 4.1 The maximum compensation available to the CENTER under this Agreement is based on the activities detailed in the Scope of Services. The COUNTY agrees to pay the CENTER based on completion of work within the Scope of Services according to the deliverables detailed in the Scope of Services. 4.2 Compensation shall be paid by activity completed and deemed satisfactory by the Contract Manager. The additional services included in Task 8 on Exhibit A may be authorized by the Growth Management Division Director. 4.3 The total cost for providing the services contained in the Tasks 1 thru 3 is $19,250. There shall be no reimbursable items. BOCC August 20,2014FCRC Section 5. PAYMENT TO CENTER 5.1 Monthly payments will be made according to the Local Government Prompt Payment Act. Any request for payment must be in a form satisfactory to the County Clerk (Clerk). The request must describe in detail the services performed and the payment amount requested. The CENTER must submit to the COUNTY Contract Manager, who will review the request. The Contract Manager shall note his /her approval on the request and forward it to the Clerk for payment. If request for payment is not approved, the Contract Manager must inform the CENTER in writing that must include an explanation of the deficiency that caused the disapproval of the request. 5.2 CENTER shall submit each month an invoice by tasks as detailed in the Scope of Services. 5.3 Any extension of this contract into the County's next fiscal year is contingent upon an annual appropriation by Monroe County. Section 6. CONTRACT TERMINATION Either party may terminate this contract because of the failure of the other party to perform its material obligations under the Contract. COUNTY may terminate this contract for any reason upon fifteen (15) days written notice to the CENTER. COUNTY shall pay CENTER for work performed through the date of termination. Section 7. AUTHORIZATION OF WORK ASSIGNMENTS 7.1 All work assignments beyond or in addition to EXHIBIT "A" shall be authorized in writing and approved by the Board of County Commissioners. 7.2 There may be additional instructions or provisions specific to the authorized work in the Scope of Services for the purpose of clarifying certain aspects of this Agreement pertinent to the work to be undertaken. Such supplemental instruction or provisions shall not be construed as a modification of this Agreement. Authorizations shall be dated and serially numbered. 7.3 The CENTER shall not assign, sublet or transfer any rights under or interest in (including, but not without limitations, moneys that may become due or moneys that are due) this Agreement or subsequent Work Assignment without the written consent of the COUNTY, except to the extent that any assignment, subletting, or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to any assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. BOCC August 20,2014FCRC Section 8. NOTICES All notices, requests and authorizations provided for herein shall be in a signed document and shall be hand delivered, or mailed, certified / registered / return receipt requested, or sent by courier service with a signed receipt, to the addresses as follows: To the COUNTY: Robert Shillinger, County Attorney 1111 12 Street Key West, FL 33040 And Roman Gastesi, County Administrator 1100 Simonton Street, Suite 205 Key West, Florida 33040 To the CENTER: Robert M. Jones, Director FCRC Consensus Center, Florida State University 2035 E. Paul Dirac Drive, Morgan Building, Suite 102 Tallahassee, Florida 32310 or addressed to either party at such other addresses as such party shall hereinafter furnish to the other party in writing. Each such notice, request, or authorization shall be deemed to have been duly given when so delivered by hand, courier service with proof of delivery, or, if mailed, when deposited in the mails, registered, postage paid, return receipt requested. Section 9. RECORDS CENTER shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Upon ten (10) business days' written notice and during normal business hours, 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 moneys paid to CENTER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CENTER shall repay the funds. Any employee, Center, sub - CENTER or agent of COUNTY granted access to such records shall execute a non - disclosure Agreement prior to being granted such access. The preceding sentence shall not apply to the CENTER's records to the extent such records are deemed Public Records pursuant to Chapter 119 of the Florida Statutes. Section 10. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020 -1990 The CENTER warrants that it has not employed, retained or otherwise had act on its behalf, any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010- 1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020 -1990. For BOCC August 20,2014FCRC 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. Section 11. CONVICTED VENDOR A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not perform work as a CENTER, supplier, subCenter, or CENTER under 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 of the Florida Statutes, for Category 2 for a period of 36 months from the date of being placed on the convicted vendor list. Section 12. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES This 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 this Agreement, the COUNTY and CENTER agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. Section 13. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the 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 CENTER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Section 14. ATTORNEY'S FEES AND COSTS The COUNTY and CENTER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out -of- pocket expenses, as an award against the non - prevailing party, and shall include attorney's fees, courts costs, investigative, and out -of- pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures BOCC August 20,2014FCRC required by the circuit court of Monroe County. This Agreement is not subject to arbitration. Section 15. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CENTER and their respective legal representatives, successors, and assigns. Section 16. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Section 17. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CENTER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. Section 18. 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 CENTER 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 CENTER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. Section 19. NONDISCRIMINATION COUNTY and CENTER 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 CENTER 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: Title VII of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race, color or national origin; 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; The Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107) which prohibits discrimination on the basis of age; The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 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; The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as amended, BOCC August 20,2014FCRC relating to confidentiality of alcohol and drug abuse patent records; Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. Section 20. COVENANT OF NO INTEREST COUNTY and CENTER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. Section 21. CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Section 22. NO SOLICITATION /PAYMENT The COUNTY and CENTER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CENTER agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. Section 23. PUBLIC ACCESS The COUNTY and CENTER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CENTER in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CENTER. Additionally, in accordance with Florida Statute Sec. 119.070 1, CENTER shall 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 chapter 119 Florida Statutes 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. BOCC August 20,2014FCRC 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. Section 24. NON - WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the COUNTY and the CENTER in this Agreement and the acquisition of any commercial liability insurance coverage, self- insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. Section 25. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. Section 26. LEGAL OBLIGATIONS AND RESPONSIBILITIES Non - Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. Section 27. NON - RELIANCE BY NON - PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CENTER agree that neither the COUNTY nor the CENTER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. Section 28. ATTESTATIONS CENTER agrees to execute such documents as the COUNTY may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. BOCC August 20,2014FCRC Section 29. NO PERSONAL LIABILITY No covenant or Agreement contained herein shall be deemed to be a covenant or Agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. Section 30. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. Section 31. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. Section 33. INDEMNIFICATION Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, the CENTER covenants and agrees that he shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of CENTER or any of its employees, agents, Centers in any tier or other invitees during the term of this Agreement, (B) the negligence or willful misconduct of CENTER or any of its employees, agents, CENTERs in any tier or other invitees, or (C) CENTER's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or negligent acts in part or omissions of the COUNTY or any of its employees, agents, CENTERs or invitees (other than CENTER). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. Notwithstanding anything in this contract to the contrary, the COUNTY agrees that CENTER's total liability to the COUNTY for any and all damages whatsoever arising out of or in any way related to this Agreement from any cause, including but not limited to gross negligence, errors, omissions, strict liability, breach of contract or breach of warranty shall not, in the aggregate, exceed fees paid to CENTER. The foregoing limitation shall not apply to (1) claims of infringement, or (2) claims of personal injury or damage to tangible property arising out of CENTER's negligence or willful misconduct. In no event shall CENTER be liable for special, indirect, incidental, economic, consequential or punitive damages, including but not limited to lost revenue, lost profits, replacement goods, loss BOCC August 20,2014FCRC of technology rights or services, loss of data, or interruption or loss of use of software or any portion thereof regardless of the legal theory under which such damages are sought even if CENTER has been advised of the likelihood of such damages, and notwithstanding any failure of essential purpose of any limited remedy. Section 34. INDEPENDENT CONTRACTOR At all times and for all purposes hereunder, the CENTER is an independent CONTRACTOR and not an employee of the Board of County Commissioners. No statement contained in this Agreement shall be construed so as to find the CENTER or any of his /her employees, contractors, sub - Centers, servants or agents to be employees of the Board of County Commissioners for Monroe County. As an independent contractor the CENTER shall provide independent, professional judgment and comply with all federal, state, and local statutes, ordinances, rules and regulations applicable to the services to be provided. The CENTER shall be responsible for the completeness and accuracy of its work, plan, supporting data, and other documents prepared or compiled under its obligation for this project, and shall correct at its own expense all significant errors or omissions therein which may be disclosed. The cost of the work necessary to correct those errors attributable to the CENTER and any damage incurred by the COUNTY as a result of additional costs caused by such errors shall be chargeable to the CENTER. This provision shall not apply to any maps, official records, contracts, or other data that may be provided by the COUNTY or other public or semi - public agencies. Section 35. DELAY The CENTER agrees that no charges or claims for damages shall be made by it for any delays or hindrances attributable to the COUNTY during the progress of any portion of the services specified in this contract. If possible, such delays or hindrances, if any, shall be compensated for by the COUNTY by an extension of time for a reasonable period for the CENTER to complete the work schedule. Such an Agreement shall be made between the parties based on funding availability. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW BOCC August 20,2014FCRC . 'SIt 01lFN 11i{.�Llt/11 ". �'YR�f � xRa BOCC August 20,2014FCRC ESS WHEREOF, the parties hereto have caused these presents to be executed on the :)f August 2014. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMY HEAVILIN, CLERK 2OE COUNTY, FLORIDA w o - i • CONSENSUS CENTER/FLORIDA CONFLICT RESOLUTION CONSORTIUM Name: Robert M. Jones Title: FCRC Consensus Center Director xzx Print Nam STATE OF FLORIDA Signature COUNTY OF MONROE On this -A day of August, 2014, before me, the undersigned notary public, personally appeared 'Re cia.'fi I o P es who states he is authorized to execute this document, and is known to me to be the person whose name is subscribed above or who produced F 'DL. #f5;aD - 773 - 54I eu a s identification, and acknowledged that he is the person who executed the document above for the purposes therein contained. Notary Pu Print Name ,,••••"' ;•••,, MAYRA TEZANOS . • My commission expires Seal r — NelaryfPublic -State r bridi f • My Comm. Eapire3 May 19, 2016 Commission # EE 168590 N. 80f*d Through National Notary Assn. BOCC August 20,2014FCRC MONROE COUNTY AUJOLRNEY APPROW AS Tr FORM Ira 5 Date: CONSENSUS CENTER "Facilitating Consensus Solutions, Supporting Collaborative Action." 2035 E. Paul Dirac Drive Morgan Building, Suite 102 Tallahassee, Florida 32310 h ttp: / /consensus. fsu.edu TO: Roman Gastesi, County Administrator, Monroe County Christine Hurley, Division Director, Growth Management, Monroe County Susan Grimsley, Assistant County Attorney, Monroe County FROM: Robert M. Jones, Director, FCRC Consensus Center, FSU RE: Monroe County Affordable Workforce Housing Stakeholder Assessment Proposal - Scope of Service, Exhibit A. DATE: July 31, 2014 Below is a proposal for an Affordable Workforce Housing Stakeholder Assessment that I have discussed with you, Christine and Susan. The FCRC, Consensus Center applauds the Commission and the County for its leadership on this issue and appreciates the opportunity to offer the following proposal for a situation assessment, as a first phase of a possible consensus building effort. This first assessment step will involve meeting with and interviewing a range of public leaders, affected stakeholders and citizens in August and September of 2014 and reporting back to the County Commission in October or November 2014 on the main stakeholder concerns, issues and interests and with recommendations for how to proceed with a public stakeholder committee initiative. That committee effort would be designed to bring recommendations to the County Commission on addressing workforce housing affordability and availability in 2015. \`i the economic rebound and hundreds of new resort rooms opening in the coming months, the corresponding demand for employees and affordable workforce housing in the Florida Keys hospitality and related industries, is growing. Recognizing this, the lfonroe Count`- Commission at its July 19, 2014 meeting asked the County staff to review the situation and suggest an appropriate process that might recommend any needed changes. The "situation assessment" being proposed would be conducted for the purpose of tunderstanding the needs and conditions of workforce housing in Monroe County and the perspectives of the stakeholder community in order to propose an effective consensus building process. It would report on the key stakeholder voices that must be engaged for the main stakeholder concerns, issues, and interests, the specific opportunities a credible consensus building process; where stakeholder and public input can help to shape the decision and any issues or constraints that may affect public deliberation or participation The affordable workforce housing crisis in the Florida Keys identified by the Monroe County Commission is real. The "2013 Rental ;Market Study: Affordable Housing Needs" http:,/ / bit.ly-/ 1pbwlvN shows that there are 13,471 households in Monroe County. 44% of these are cost burdened households with 2,538 1 -2 person households and 1,349 3 -4 person BOCC August 20,2014FCRC households at or below 60% ATNII. This 44.4% rate represents the highest rate of any of the 33 small Florida counties and is equal only to Miami -Dade County's rate among all 67 counties. As the 2005 Harvard report, "Strengthening the \ orkforce and Communities through Housing Solutions" suggests, solutions to the workforce housing challenge require a broad - based, proactive approach.' The proposed assessment will be the first phase of a process and will engage a broad range of pubic, private and non profit stakeholders to clarify substantive issues involved, options to consider, information needed and process and coordination issues. It will result in a report to the County Commission summarizing the responses and recommend next steps. I ollowing the Commission's consideration of the _assessment Report, it is possible that a Phase 2 effort could be organized which would include a multi- meeting stakeholder committee process lasting between 6 -9 months that would assess the current situation and future projections regarding workforce housing, engage together on the issues, consider and weigh options and best practices from other communities and forge recommendations for the Count\ Commission to consider in 2015. Beyond that the Commission may wish to ask the Committee to provide assistance in the implementation of and programs or policies that the Commission may adopt. SCOPE OF SERVICES AFFORDABLE WORKFORCE HOUSING SITUATION ASSESSMENT The Consensus Center proposes entering into a fixed price agreement with Monroe County of $19,250 to conduct a situation assessment, consisting of interviews with key public, private, and non -profit stakeholders (including County staff) and a review of relevant affordable workforce housing materials. The County staff will assist in gathering and compiling relevant data on workforce housing and affordable housing in Monroe County. The purpose of the assessment will be to gauge with stakeholders their concerns and willingness to participate in a collaborative effort to address affordable workforce housing in Monroe County. It will be designed to establish the framework for a possible stakeholder process that can develop strategies and recommended actions to address the issue of affordable workforce housing in Monroe County. The assessment will include: • Information Needed. The Consensus Center will work with the County staff to gather detailed baseline data that will include an inventory of affordable and workforce housing projects completed in the past 2 decades in Monroe County, along with the public incentives that were made to assist in the housing development. The assessment report will also highlight any information and data that interviewees suggest might be useful or necessary in any subsequent stakeholder process. • Substantive Issues. The Consensus Center will explore with interviewees the range of affordable and workforce housing and any related issues that should be addressed in a subsequent stakeholder process. These may include any issues stakeholders perceive to affect current and future economic and workforce development, development and land use issues, linkages with transportation mobility, availability or accessibility of affordable workforce housing in Monroe County and any other and other regional or local issues. • Process Coordination Issues. The assessment will also explore with County staff and stakeholders through interviews and meetings whether any other ongoing related programs or processes, including state, county, city, federal, private and non - profit sector activities might bear on the issue of affordable workforce housing in Monroe County. It will explore whether coordination will be needed between the stakeholder process and any other ongoing local or regional processes. • Participation. The Center will solicit recommendations from the County staff and from interviewees regarding individuals or organizations whose participation would be important for the success of a stakeholder process to develop consensus recommendations on workforce housing issues. lit / i bith / lkepnfm "By the time a workforce housing affordability problem begins to affect the bottom line, the forces that contribute to high housing costs have long been in place and are difficult to reverse. For the housing and business communities to forestall such an outcome, they must establish a working relationship characterized bs respect, trust, and an awareness of each other's interests. They must have access to information about the causes of the atfordabilail problem and data that demonstrate its effects." BOCC August 20,2014FCRC • Possible Solutions. although the assessment will focus on identifying what are the workforce housing challenges faced by the County that will be needed to productively initiate the stakeholder process, the Center will also note any thoughts interviewees offer regarding possible options, best practices or solutions to be considered at the appropriate point in the process going forward. As part of the assessment, Consensus Center staff will attend the Affordable Housing Roundtable convened by Representative Holly Raschein, Florida House of Representatives, District 120, and currently scheduled for :Monday, .august 25, 2014. SITUATION ASSESSMENT REPORT AND RECOMMENDATIONS The Consensus Center will prepare and present a situation assessment report that summarizes the conclusions of the assessment regarding the range of affordable and workforce housing issues that should be addressed in a subsequent stakeholder process including any issues stakeholders perceive to affect current and future economic and workforce development, development and land use issues, linkages with transportation mobility, availability or accessibility of affordable workforce housing in Monroe County and any other and other regional or local issues. Based on the conclusions of the assessment, the Consensus Center will develop recommendations for the County Commission's consideration for the design of an Affordable Workforce Housing Stakeholder Process. The recommendations will address: • Overall Recommended Work Plan Stages. Beyond the Phase I _assessment, a Phase II would involve a stakeholder committee meeting over time (approximately 6 -9 months for 5 -7 meetings) to develop recommendations for the County Commission's consideration of policies and programs. These will be based on the issues identified in the assessment and the County Commission's charge. A possible Phase III could utilize the stakeholder committee to provide guidance in the implementation of the recommended policies and programs. • Recommended Coordination with Other On -Going Processes, As Needed The recommendations will address any coordination needed with other local, regional, state, federal, private or non -profit programs or activities. • Recommended Kinds of Meetings Needed. The recommendations will identify and discuss the kinds of facilitated meetings needed to effectively involve stakeholders and members of the interested public in the process. • Recommended Roles and Guidelines. The recommendations will identify and discuss the roles of public, private and non -profit stakeholders, members of the public, facilitators, and others, as appropriate. The recommendations may suggest groundrules to guide consensus - seeking and collaboration by the stakeholders in a subsequent process. Consensus Center staff will present the report and recommendations to the Monroe County Board of County Commissioners. Robert TNI. Jones, FCRC Consensus Center Director will take the lead in conducting the Situation Assessment and Rafael Montalvo, Associate Director, FCRC Consensus Center will assist in the design and analysis. BOCC August 20,2014FCRC ESTIMATED COSTS & BUDGET FCRC Consensus Center Daily Rate The FCRC Consensus Center's all- inclusive daily rate for professional facilitation services for this project is calculated at a rate of $1,750 per day. The rate includes professional facilitation staff time, support staff time, project expenses, travel related expenses, and indirect costs charged by Florida State University. If requested by the County to participate additional meetings, this agreement can be amended using the same daily rate. Tasks Time Cost 1. Preparation, scoping meeting, interviews (face -to -face and by phone) and materials review 6 days $10,500 2. Report and recommendation development 3 days $5,250 3. Presentation of report and recommendations 2 days +S3,50 Total Cost = $19,250 CONTRACT INFORMATION FOR WORKING WITH THE FCRC CONSENSUS CENTER For Purchase Orders and Agreements with the FCRC Consensus Center The Supplier /Vendor should be listed as: FCRC Consensus Center at Florida State University 2035 E. Paul Dirac Drive, Morgan Building, Suite 102 Tallahassee, Florida 32310 FEID # 59- 1961248 -128 The FCRC contact for administration and contracting is: Chris Pedersen, FCRC Program Director cpedersen @fsu.edu Office: 850 -644 -6320 Cell: 850- 694 -1577 BOCC August 20,2014FCRC • Experience and Abilities - Resumes Robert Jones Director of the FCRC Consensus Center Robert Jones has been the Director of the FCRC since 1990. He is highly respected nationally for his leadership in the field EDUCATION of collaboration and consensus building on environmental, landscape and land use issues,serving on a number of national J.D. University of California, practitioner boards and committees and is a member of the Davis School of Law USEICR and EPA National Rosters. He has extensive experience and expertise in designing and facilitating large consensus-building stakeholder collaboration processes from B.A. University of California, national strategic planning summits for recreational fishing Berkley and the recreational boating industry to statewide and regional task forces and commissions on regional visions and strategic plans. PROFESSIONAL EXPERIENCE Mr. Jones has provided consultation to public, private and 1991-Present FCRC Consensus Center non-profit organizations on assessing readiness for 1983-1991 National Institute for Dispute collaboration, strategic planning and building collaborative Resolution capacity in the context of landscape and recreational issues in the context of Everglades restoration initiatives, endangered species, water resource and water supply, regional visioning and military-civilian landscape planning. In the past he has PROFESSIONAL AFFILATIONS also facilitated and mediated land-use, development and environmental and natural resource disputes. Policy Consensus Initiative Prior to his work with the Consensus Center,Mr.Jones was a Association for Conflict Resolution Senior Associate for eight years U.S. Institute for Environmental Conflict at the National Institute for Dispute Resolution, in Resolution Washington D.C.,where he designed University Network for Collaborative and administered programs in public policy mediation and collaboration and professional education and directed a Governance national dispute resolution research grants program. He is a EPA Environmental Neutrals Roster graduate of University of California Davis School of Law and the University of California,Berkeley. BOCC August 20,2014FCRC Rafael Montalvo Associate Director of the FCRC Consensus Center Rafael Montalvo is an Associate Director with the FCRC. He is nationally and internationally respected for his facilitation EDUCATION and training in a variety of cultural settings.He has facilitated and mediated numerous large and small scale processes to M.S. Urban and Regional Planning build consensus around controversial public policy issues,as Florida State University well as trained hundreds of individuals who participate in public policy discussions and consensus-building. B.A. Rollins College His cases have included siting of phosphate mines,response Winter Park, Florida to wildfire emergencies,naval base reuse,and many environmental and transportation processes.Recent cases included a collaborative process to develop measures to PROFESSIONAL EXPERIENCE address water quality in coastal waters of southwest Florida,a county-wide collaboration involving seventeen local 1990-Present FCRC Consensus Center governments in developing and adopting ordinances and -1989-1990 Urban Planner for the programs to implement smart growth,a regional effort to City of Maitland develop a regional transportation authority,and a federal,state and local effort to renegotiate airspace allocation and use over the Florida Panhandle and Gulf of Mexico. PROFESSIONAL AFFILATIONS Mr.Montalvo is fluent in Spanish. His background as a land Association for Conflict Resolution use planner has been an asset in many of his cases.He also has U.S. Institute for Environmental Conflict served as an adjunct professor at the University of Central Resolution Florida. EPA Environmental Neutrals Roster BOCC August 20,2014FCRC FCRC CONSENSUS CENTER WORK IN MONROE COUNTY SAMPLE PROJECTS Keys Predator Control Program- 2008 Convening Organization: USFWS Description: The Florida Keys National Wildlife Refuges Complex has asked the FCRC to engage stakeholders in shaping a program to control cats, raccoons, and black rats that threaten recovery of endangered marsh rabbits, silver rice rats, Key Largo wood rats and Eastern indigo snakes. Florida Keys Summit on Housing the Homeless- 2005 Convening Organization: Monroe County Description: County and city leaders, the business community, service providers, the homeless, and other interested parties gathered for a one -day workshop to produce a ten -year plan required for federal funding. The participants discussed and looked for ways to address the critical funding situation facing homeless programs in Monroe County. Monroe County Regional Homeless lhorkshop- 2003 Process: Facilitated consensus building Convening Organization: Monroe County Description: A stakeholder workshop to shape a shared strategy for dealing with the highest concentration of homeless in the country. Florida Keys Wastewater Improvements Process- 2002 Process: Public Input Meetings Convening Organization: Federal Emergency Management .association Description: Facilitation of public workshops to present FEMA's draft Programmatic Environmental Assessment (PEA) of Wastewater Improvements in the Florida Keys and gather information from the public. Big Pine Kg Habitat Conservation Plan Public Input Process. 2000 Process: Public Input Meetings Convening Organization: Florida Department of Transportation Description: The Consortium facilitated two large public meetings in May 2000 to provide information about and solicit input for the development of a Key Deer Habitat Conservation Plan being produced in conjunction with a Florida Department of Transportation proposal to widen U.S. 1 in Monroe County through Big Pine Key. Florida Kys Carrying Capacity Study. 1999 Process: facilitated policy development Convener: South Florida Water Management District Description: The Consortium helped to design and fielded a facilitation team to review with scientists and agency managers working in South Florida and the Keys on a draft of a carrying capacity study. Marathon Kyl Boot Ky Harbor 1998 Convener: Monroe County Description: In the Summer and Fall of 1998, the Consortium worked with the firm of Bermello, Ajamil and Partners, and :Monroe County to facilitate a public consensus - building process to design a community park at Boot Key Harbor on Marathon Key. The process resulted in a plan with strong public support which was unanimously adopted by the County Commission. Key West Poinciana Town Hall Meetings 1998 In late 1998, the Consortium worked with the City of Key West to facilitate a series of town hall and committee meetings involving neighborhood residents, homeless service providers, and representatives of the City and Housing .authority of Kev West to seek agreement on a plan for homeless service provider activities in the Poinciana neighborhood. This process was a follow -up to the Key West Base Re -Use Plan. Key West Vacation Rentals Ordinance 1997 -1998 BOCC August 20,2014FCRC the Consortium designed and facilitated a series of four public forums for the City of Key West to seek greater consensus around the redrafting of regulations governing vacation rentals on the island. The results of the process served as the basis for a revised ordinance. Key West Naval Base Re -Use Process- 1998 Process: Facilitated consensus building Convener: City of Key West Description: A public involvement and consensus building process for the City of Key West on the re -use of surplused portions of the Key West Naval Air Station. Key West Chapter 288 Process- 1998 Process: Facilitated public involvement Convener: City of Key West In the Summer and Fall of 1998, the Consortium worked with the firm of Bermello, Ajamil and Partners to facilitate a series of three public meetings to review changes to local regulations which govern the implementation of the Key West Re -Use Plan. Monroe County Comprehensive Plan Regulatory Negotiation 1995 -96 Process: Facilitated Rule Development Convening Organization: Florida Department of Community affairs /Office of the Governor Description: The Consortium, upon request from the Florida Cabinet, facilitated a special committee made up of the 18 "intervenors" to develop consensus language on a negotiated rule addressing comprehensive plan development controls, wastewater treatment, and endangered species issues. BOCC August 20,2014FCRC