Item P54
CM
ounty of onroe
BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers, District 3
Mayor Pro Tem George Neugent, District 2
TheFloridaKeys
Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
June 15, 2016
Agenda Item Number: P.5
Agenda Item Summary #1732
BULK ITEM: DEPARTMENT:
Yes Sustainability
TIME APPROXIMATE:STAFF CONTACT:
Rhonda Haag (305) 453-8774
None
AGENDA ITEM WORDING:
Approval to enter into an interlocal agreement with Broward
County to provide two years of financial support to the Southeast Florida Regional Climate Change
Compact in an amount of $100,000.
ITEM BACKGROUND:
Southeast Florida is one of the most vulnerable areas in the country to the impacts of climate change,
especially sea level rise. The County adopted the Southeast Florida Regional Climate Change
Compact in 2009-2010. The Counties have worked since then in common cause with one another
and numerous stakeholders to address climate change at the regional scale.
This item encourages investments in renewable energy, sustainable practices and environmental
protection. It allows for the four Compact Counties to pool $100,000 each in funds over two years
supporting the continued engagement of the Institute for Sustainable Communities in facilitating and
coordinating Compact activities, and for Broward County to act on behalf of all the Compact
Counties in contracting with ISC for these services.
The success of the Southeast Florida Regional Climate Change Compact has been underpinned
since its inception by the coordination and facilitation services provided by the Institute for
Sustainable Communities and/or staff currently employed by ISC. These efforts have included
coordinating and facilitating meetings of the Compact Staff Steering Committee; facilitating
workshops with stakeholders; preparing a four-county regional greenhouse gas emissions inventory
and assessment; participating in the planning and execution of each of the seven annual Regional
Climate Leadership Summits convened to date; creating and managing the Compact website;
developing the Regional Climate Action Plan (RCAP); coordinating the RCAP implementation
workshops and Resilient Redesign adaptation strategy charrettes; writing and editing grant
proposals; conducting a municipal implementation survey; facilitating communication among
Compact partners; providing a webinar platform for Compact use, providing remote and on-site
support for various Compact activities, and participating in many other activities.
ISC staff are intimately familiar with the individuals, issues, priorities, and processes relating to
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Compact history, progress, and needs, and their valued advice, mediation skills, and leadership have
helped to guide the Compact process and are acknowledged by the Compact partners to be essential
to the continued implementation of the Compact and Regional Climate Action Plan, and to the
upcoming update of the Regional Climate Action Plan, due in 2017.
The Scope of Services attached to the ISC agreement provides for the provision of the following
specific services by ISC: coordination of and support for twice-monthly Staff Steering Committee
calls, biennial Staff Steering Committee retreats, Compact working groups, annual Summits,
Regional Climate Action Plan workshops, Municipality Working Group workshops, Compact
webinars, and Resilient Redesign workshops; development and implementation of communications
and stakeholder engagement strategies; coordination of the second Regional Climate Action Plan
analysis and planning process; and general contract and fundraising support.
ISC support of Compact activities was delivered from 2013 through 2015 under a $975,000 grant
-related
work in 2016 and 2017, but at a lower amount, $400,000 over two years. The four Compact
Counties agreed in 2015 to each pursue $60,000 annually for Compact activities ($50,000 for this
The Interlocal Agreement formalizes the arrangement under which Broward County has agreed to
serve as the fiscal agent for the other three Compact counties to contract with the Institute for
Sustainable Communities, supported by $200,000 ($50,000 from each county, including Broward)
from the appropriated funds described above. When combined with the Kresge Foundation funds,
$400,000 per year.
The agreement with ISC provides for payment for services commencing in April 2016. Broward
County has approved a Sole Source/Sole Brand designation for the Institute for Sustainable
Communities.
PREVIOUS RELEVANT BOCC ACTION:
January 20, 2010: BOCC approved the Southeast Florida Regional Climate Compact by
Resolution 022-2010.
CONTRACT/AGREEMENT CHANGES:
None
STAFF RECOMMENDATION:
Approval
DOCUMENTATION:
Climate Change Compact interlocal agreement 2016-05-18 (2)
FINANCIAL IMPACT:
Effective Date: June 14, 2016
Expiration Date: February 28, 2018
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Total Dollar Value of Contract: $400,000
Total Cost to County: $100,000
Current Year Portion: $ 50,000
Budgeted:
Yes
Source of Funds: Sustainability
CPI: No
Indirect Costs: No
Estimated Ongoing Costs Not Included in above dollar amounts: Staff Time for Support of
Compact Activities
Revenue Producing: No If yes, amount:
Grant:
No
County Match
: No
Insurance Required:
No
Additional Details:
06/15/16 001-05008 · SUSTAINABILITY $100,000.00
SE FL Climate Change Compact Support
REVIEWED BY:
Rhonda Haag Completed 05/27/2016 11:03 AM
Pedro Mercado Completed 06/01/2016 2:02 PM
Budget and Finance Completed 06/01/2016 2:09 PM
Maria Slavik Completed 06/01/2016 2:12 PM
Kathy Peters Completed 06/01/2016 2:24 PM
Board of County Commissioners Pending 06/15/2016 9:00 AM
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INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY, MIAMI DADE COUNTY,
MONROE COUNTY, AND PALM BEACH COUNTY FORCOST SHARE SUPPORT OF SERVICES FOR
THE SOUTHEAST FLORIDA REGIONAL CLIMATE CHANGE COMPACT
This is an Agreement ("Agreement"), made and entered into by and between Broward
County ("Broward") and, Miami-Dade County ("Miami-Dade"), Monroe County ("Monroe")and
Palm Beach County ("Palm Beach"), political subdivisions of the State of Florida, (collectively
referred to as the "Parties" and, when excluding Broward, "Contributing Counties").
WHEREAS, Southeast Florida is one of the most vulnerable areas in the country to the
impacts of climate change, especially sea level rise; and
WHEREAS, the Parties adopted the Southeast Florida Regional Climate Change Compact
(hereinafter referred to as ompact-2010; and
WHEREAS, the Parties have worked since then in common cause with one another and
numerous stakeholders to address climate change at the regional scale; and
WHEREAS, in the six years since the Compact was established, the Parties and their
partners have successfully completed a 110-recommendation Regional Climate Action Plan, a
unified sea level rise projection for Southeast Florida, a regional greenhouse gas emissions
inventory, a regional vulnerability analysis, joint annual state and federal legislative programs,
planning and execution of seven Regional Climate Leadership Summits, and countless other
joint activities, earning significant national and international attention; and
WHEREAS, the benefits of regional coordination to the Parties, partner municipalities,
and other Compact partners have been demonstrated many times over; and
WHEREAS, the Institute for Sustainable Communities Corporation, a Vermont not for
profit corporation registered to do business in the State of Florida, hereinafter referred to as
Parties to advance the aims of
the Compact since 2011; and
WHEREAS, an employee of the ISC has served as a coordinator and facilitator since the
formation of the Compact in 2009; and
WHEREAS, the ISC secured support from the Kresge Foundation on behalf of the Parties
to support the provision of coordination and facilitation services to the Compact in 2013, 2014,
and 2015; and
WHEREAS, prior to receipt of Kresge funding the Parties had secured the services of the
same ISC staff member, with financial support provided for three years under a Sustainable
Communities Grant with the U.S. Environmental Protection Agency via the South Florida
Regional Planning Council; and
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WHEREAS, the Parties desire to continue to engage the ISC to provide coordination and
facilitation services; and
WHEREAS, the Kresge Foundation has committed to meet the cost share contributions
provided by the Parties for an additional two years, to further augment Compact
implementation; and
WHEREAS, the Parties acknowledge that the administration of a contract for services
with the ISC would be most-efficiently retained and supervised by one County; and
WHEREAS, Broward County managed a previous contract agreement with the ISC on
behalf of the Parties for these same services and is thus deemed well-situated to provide this
service on behalf of the Parties for the purpose of this agreement, NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants, and
payments hereinafter set forth, the Parties agree as follows:
ARTICLE 1. DEFINITIONS
1.1Board. The Board of County Commissioners of Broward County, Florida.
1.2Contract Administrator. The Director of the Broward County Environmental Planning
and Community Resilience Division.
1.3County Administrator. The administrative head of County appointed by the Board.
1.4County Attorney. The chief legal counsel for County appointed by the Board.
1.5Services. All work required by the Parties under this Agreement, including without
limitation all deliverables, consulting, training, project management, payments, or other
services specified in Exhibit A.
ARTICLE 2. SCOPE OF SERVICES
2.1 Contributing Counties agree to each remit $100,000 as their share of costs for Broward
to retain and supervise ISC as coordinator and facilitator of the Climate Compact.
Broward agrees to also contribute $100,000 towards the cost to retain ISC and, on
behalf of the Parties, to retain and supervise ISC's performance of the ISC Scope of
Services, attached as Exhibit A.
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ARTICLE 3. TERM AND TIME OF PERFORMANCE
3.1 The term of this Agreement shall begin on the date it is fully executed by the Parties and
shall end on February 28, 2018 ("Initial Term"). The continuation of this Agreement
beyond the end of any of the Parties' fiscal years is subject to both the appropriation
and the availability of funds in accordance with Chapter 129, Florida Statutes. The
failure of any Party to budget or appropriate sufficient funds for this Agreement shall
constitute additional grounds for any other Party to terminate this Agreement pursuant
to the procedures in Sections 7.3 and 7.4. Any extensions of time beyond the Initial
Term shall require an Amendment to this Agreement, pursuant to the requirements for
Amendments stated herein.
3.2 Unless otherwise agreed by the Parties in writing, all duties, obligations, and
responsibilities of the Parties required by this Agreement shall be completed no later
than February 28, 2018. Time is of the essence in performing the duties, obligations,
and responsibilities required by this Agreement.
ARTICLE 4. COMPENSATION
4.1 For the Initial Term, Contributing Counties will pay Broward up to a maximum amount
as follows:
Services/Goods Not-To-Exceed Amount
Miami Dade $100,000
Monroe $100,000
Palm Beach $100,000
TOTAL NOT TO EXCEED $300,000
4.2 METHOD OF BILLING AND PAYMENT
4.2.1 Broward may submit invoices for compensation to Contributing Counties no
more often than quarterly, but only after the Services for which the invoices are
submitted have been completed. Contributing Counties agree to pay Broward
no later than thirty (30) days from receipt of Broward's invoices at:
Broward County Board of County Commissioners
Jim Steinmuller, Accounting Division Administrator
Governmental Center, Room 220
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
4.2.2 Broward may invoice each of the Contributing Counties in the amounts set forth
as follows:
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2016: Quarter 1 n/a
2016: Quarter 2 $16,666.66
2016: Quarter 3 $16,666.67
2016: Quarter 4 $16,666.67
2017: Quarter 1 $12,500
2017: Quarter 2 $12,500
2017: Quarter 3 $12,500
2017: Quarter 4 $12,500
ARTICLE 5. GOVERNMENTAL IMMUNITY
Nothing herein shall constitute a waiver of Section 768.28 of the Florida Statutes or shall be
construed as impacting or modifying the protections set forth therein. In addition, nothing
herein shall be construed as consent to be sued by third parties in any matter arising out of this
Agreement or any other contract.
ARTICLE 6. INSURANCE
Broward is an entity subject to Section 768.28, Florida Statutes, and shall furnish the
Contributing Counties with written verification of liability protection in accordance with state
law upon request.
ARTICLE 7. TERMINATION
7.1 This Agreement may be terminated for cause by the aggrieved party if the party in
breach has not corrected the breach within ten (10) days after receipt of written notice
from the aggrieved party identifying the breach. This Agreement may also be
terminated for convenience by the Board. Termination for convenience by the Board
shall be effective on the termination date stated in written notice provided by Broward,
which termination date shall be not less than thirty (30) days after the date of such
written notice. This Agreement may also be terminated by Broward's County
Administrator upon such notice as Broward's County Administrator deems appropriate
under the circumstances in the event Broward's County Administrator determines that
termination is necessary to protect the public health, safety, or welfare. If Broward
erroneously, improperly, or unjustifiably terminates for cause, such termination shall, at
Broward's sole election, be deemed a termination for convenience, which shall be
effective thirty (30) days after such notice of termination for cause is provided.
7.2 This Agreement may be terminated for cause for reasons including, but not limited to, a
party's repeated (whether negligent or intentional) submission for payment of false or
incorrect bills or invoices, failure to suitably perform the work, or failure to continuously
perform the work in a manner calculated to meet or accomplish the objectives as set
forth in this Agreement. The Agreement may also be terminated for cause if ISC is
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placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to
Section 215.473, Florida Statutes, or if ISC provides a false certification submitted
pursuant to Section 287.135, Florida Statutes.
7.3 Notice of termination shall be provided in accordance with the NOTICES" section of this
Agreement except that notice of termination by Broward's County Administrator, which
Broward's County Administrator deems necessary to protect the public health, safety, or
welfare may be verbal notice that shall be promptly confirmed in writing in accordance
with the "NOTICES" section of this Agreement.
7.4 In the event this Agreement is terminated by any Party pursuant to the provisions of this
Agreement, Broward shall be paid for any services properly performed under the
Agreement through the termination date specified in the written notice of termination.
Broward shall notify ISC to refrain from performing further services or incurring
additional expenses under the terms of its agreement with ISC. Contributing Counties
acknowledge that they have received good, valuable and sufficient consideration from
Broward, the receipt and adequacy of which are, hereby acknowledged by Contributing
Counties, for Broward's right to terminate this Agreement for convenience.
ARTICLE 8. EEO COMPLIANCE
8.1 No party to this Agreement may discriminate on the basis of race, color, sex, religion,
national origin, disability, age, marital status, political affiliation, sexual orientation,
pregnancy, or gender identity and expression in the performance of this Agreement.
Failure by any party to carry out any of the requirements of this Section shall constitute
a material breach of this Agreement, which shall permit any other party to terminate
this Agreement or to exercise any other remedy provided under applicable law, all such
remedies being cumulative.
ARTICLE 9. MISCELLANEOUS
9.1 Rights in Documents and Work. Any and all reports, photographs, surveys, and other
data and documents provided or created in connection with this Agreement are and
shall remain the property of Broward and, if ISC has claimed a copyright, ISC has agreed
to grant Broward a non-exclusive license to use the copyrighted item(s) indefinitely, to
prepare derivative works, and to make and distribute copies to the public, which license
Broward agrees to grant to and share with Contributing Counties.
9.2 Public Records. The Parties are public agencies subject to Chapter 119, Florida Statutes.
To the extent ISC is a subcontractor acting on behalf of the Parties pursuant to Section
119.0701, Florida Statutes, Broward's agreement with ISC shall require that ISC:
9.2.1 Keep and maintain public records that ordinarily and necessarily would be
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required to be kept and maintained by Broward if Broward were performing the
services under this Agreement;
9.2.2 Provide the public with access to such public records on the same terms and
conditions that Broward would provide the records and at a cost that does not
exceed that provided in Chapter 119, Florida Statutes, or as otherwise provided
by law;
9.2.3 Ensure that public records that are exempt or that are confidential and exempt
from public record requirements are not disclosed except as authorized by law;
and
9.2.4 Meet all requirements for retaining public records and transfer to Broward, at no
cost, all public records in possession of ISC upon termination of that Agreement
and destroy any duplicate public records that are exempt or confidential and
exempt. All records stored electronically must be provided to Browardin a
format that is compatible with the information technology systems of Broward.
The failure of Broward to comply with the provisions set forth in this Section shall
constitute a default and breach of this Agreement and Contributing Counties may
enforce the default in accordance with the provisions set forth in Section 7.1.
9.3 Truth-In-Negotiation Representation. This Agreement is based upon representations
supplied by the Parties to each other and the Parties certify that the information
supplied, including without limitation in the negotiation of this Agreement, is accurate,
complete, and current at the time of contracting.
9.4 Public Entity Crime Act. Each of the Parties represents that it is familiar with the
requirements and prohibitions under the Public Entity Crime Act, Section 287.133,
Florida Statutes, and represents that its entry into this Agreement will not violate that
Act. In addition to the foregoing, each of the Parties further represents that there has
287.133, Florida Statutes, and that it has not been formally charged with committing an
act defined as a "public entity crime" regardless of the amount of money involved or
whether it has been placed on the convicted vendor list. Notwithstanding any provision
in this Agreement to the contrary, if any representation stated in this paragraph is false,
each of the Parties shall have the right to immediately terminate this Agreement and
recover all sums paid to under this Agreement.
9.5 Independent Contractor. Broward is an independent contractor under this Agreement.
In providing Services under this Agreement, neither Broward nor its agents shall act as
officers, servants, employees, or agents of Contributing Counties. Broward shall have
control of the work and Services performed by Broward in accordance with the terms of
this Agreement and of all persons performing the same, and Broward shall be
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responsible for the acts and omissions of its officers, agents, servants, employees,
contractors, and subcontractors, if any. None of the Parties shall have the right to bind
any other party to any obligation not expressly undertaken under this Agreement.
9.6 Third Party Beneficiaries. Neither Contributing Counties nor Broward intends to directly
or substantially benefit a third party by this Agreement. Therefore, the Parties
acknowledge that there are no third party beneficiaries to this Agreement and that no
third party shall be entitled to assert a right or claim against either of them based upon
this Agreement. Nothing in this Agreement, express or implied, is intended to (i) confer
upon any entity or person other than the Parties and their successors or assigns any
rights or remedies under or by reason of this Agreement as a third party beneficiary or
otherwise, except as specifically provided in this Agreement; or (ii) authorize anyone not
a Party to this Agreement to maintain an action pursuant to or based upon this
Agreement.
9.7 Notices. In order for a notice to a party to be effective under this Agreement, notice
must be sent via U.S. first-class mail with a contemporaneous copy via e-mail to the
addresses listed below and shall be effective upon mailing. The addresses for notice
shall remain as set forth herein unless and until changed by providing notice of such
change in accordance with the provisions of this Section.
FOR BROWARD:
Broward County Environmental Planning and Community Resilience Division
Attn: Director, Jennifer Jurado, PhD
Governmental Center, Room 329H
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Email address: jjurado@broward.org
FOR MIAMI-DADE:
Miami-Dade Office of Resilience, Regulatory & Economic Resources Department
Attn: James F. Murley, Chief Resilience Officer
Stephen P. Clark Center
111 NW 1st Street, 12th Floor
Miami, Florida 33128
Email address: MURLEYJ@miamidade.gov
FOR MONROE:
Monroe County Administration
Attn: Rhonda Haag, Sustainability and Projects Director
102050 Overseas Highway, Ste. 246
Key Largo, FL 33037
Email address: Haag-Rhonda@MonroeCounty-FL.Gov
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FOR PALM BEACH:
Palm Beach County Administration
Attn: Natalie Schneider, Climate Change and Sustainability Coordinator
2300 North Jog Road, 4th Floor
West Palm Beach, FL 33411
Email: nschneider@pbcgov.org
9.8 Assignment and Performance. Except for the ISC subcontracting approved in writing by
each the Parties at the time of its execution of this Agreement or any written
amendment hereto, neither this Agreement nor any right or interest herein may be
assigned, transferred, subcontracted, or encumbered by Broward without the prior
written consent of the Parties. If Broward violates this provision, Contributing Counties
shall have the right to immediately terminate this Agreement. Broward represents that
each person and entity that will provide services under this Agreement is duly qualified
to perform such services by all appropriate governmental authorities, where required,
and is sufficiently experienced and skilled in the area(s) for which such person or entity
will render services. Broward agrees that all services under this Agreement shall be
performed in a skillful and respectful manner, and that the quality of all such services
shall equal or exceed prevailing industry standards for the provision of such services.
9.9 Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth
herein was bargained for at arm's-length and is agreed to by the Parties. Each
requirement, duty, and obligation set forth herein is substantial and important to the
formation of this Agreement, and each is, therefore, a material term hereof. Each of the
Parties' failure to enforce any provision of this Agreement shall not be deemed a waiver
of such provision or modification of this Agreement. A waiver of any breach of a
provision of this Agreement shall not be deemed a waiver of any subsequent breach and
shall not be construed to be a modification of the terms of this Agreement.
9.10 Compliance with Laws. The Parties shall comply with all applicable federal, state, and
local laws, codes, ordinances, rules, and regulations in performing its duties,
responsibilities, and obligations pursuant to this Agreement.
9.11 Severability. In the event any part of this Agreement is found to be unenforceable by
any court of competent jurisdiction, that part shall be deemed severed from this
Agreement and the balance of this Agreement shall remain in full force and effect.
9.12 Joint Preparation. This Agreement has been jointly prepared by the Parties hereto, and
shall not be construed more strictly against any party.
9.13 Interpretation. The headings contained in this Agreement are for reference purposes
only and shall not in any way affect the meaning or interpretation of this Agreement. All
personal pronouns used in this Agreement shall include the other gender, and the
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singular shall include the plural, and vice versa, unless the context otherwise requires.
Terms such as "herein," "hereof," "hereunder," and "hereinafter" refer to this
Agreement as a whole and not to any particular sentence, paragraph, or section where
they appear, unless the context otherwise requires. Whenever reference is made to a
Section or Article of this Agreement, such reference is to the Section or Article as a
whole, including all of the subsections of such Section, unless the reference is made to a
particular subsection or subparagraph of such Section or Article.
9.14 Priority of Provisions. If there is a conflict or inconsistency between any term,
statement, requirement, or provision of any document or exhibit attached hereto or
referenced or incorporated herein and any provision of Articles 1 through 9 of this
Agreement, the provisions contained in Articles 1 through 9 shall prevail and be given
effect.
9.15 Law, Jurisdiction, Venue, Waiver of Jury Trial. This Agreement shall be interpreted and
construed in accordance with and governed by the laws of the state of Florida. The
Parties agree that the exclusive venue for any lawsuit arising from, related to, or in
connection with this Agreement shall be in the state courts of the Seventeenth Judicial
Circuit in and for Broward County, Florida. If any claim arising from, related to, or in
connection with this Agreement must be litigated in federal court, the Parties agree that
the exclusive venue for any such lawsuit shall be in the United States District Court or
United States Bankruptcy Court for the Southern District of Florida. BY ENTERING INTO
THIS AGREEMENT, THE PARTIES HEREBY EXPRESSLY WAIVE ANY RIGHTS THE PARTIES
MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS
AGREEMENT. IF A PARTY FAILS TO WITHDRAW A REQUEST FOR A JURY TRIAL IN A
LAWSUIT ARISING OUT OF THIS AGREEMENT AFTER WRITTEN NOTICE BY ANY OTHER
PARTY OF VIOLATION OF THIS SECTION, THE PARTY MAKING THE REQUEST FOR JURY
TRIAL SHALL BE LIABLE FOR THE REASONABLE ATTORNEYS' FEES AND COSTS OF ALL
OTHER PARTIES IN CONTESTING THE REQUEST FOR JURY TRIAL, AND SUCH AMOUNTS
SHALL BE AWARDED BY THE COURT IN ADJUDICATING THE MOTION.
9.16 Amendments. No modification, amendment, or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document prepared
with the same or similar formality as this Agreement and executed by the Board and
Contributing Counties or others delegated authority or otherwise authorized to execute
same on their behalf.
9.17 Prior Agreements. This Agreement represents the final and complete understanding of
the parties regarding the subject matter hereof and supersedes all prior and
contemporaneous negotiations and discussions regarding that subject matter. There is
no commitment, agreement, or understanding concerning the subject matter of this
Agreement that is not contained in this written document.
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9.18 Payable Interest
9.21.1 Payment of Interest. Each of the Parties shall not be liable to pay any interest to
any of the Parties for any reason, whether as prejudgment interest or for any
other purpose, and in furtherance thereof each of the Parties waive, reject,
disclaim, and surrender any and all entitlement it has or may have to receive
interest in connection with a dispute or claim arising from, related to, or in
connection with this Agreement. This paragraph shall not apply to any claim for
interest, including for post-judgment interest, if such application would be
contrary to applicable law.
9.21.2 Rate of Interest. If, for whatever reason, the preceding subsection is determined
to be invalid or unenforceable by a court of competent jurisdiction, the annual
rate of interest payable by any of the Parties under this Agreement, whether as
prejudgment interest or for any other purpose, shall be, to the full extent
permissible under applicable law, 0.25% (one quarter of one percent) simple
interest (uncompounded).
9.19 Incorporation by Reference. Any and all Recital clauses stated above are true and
correct and are incorporated herein by reference. The attached Exhibits are
incorporated into and made a part of this Agreement.
9.20 Representation of Authority. Each individual executing this Agreement on behalf of a
party hereto hereby represents and warrants that he or she is, on the date he or she
signs this Agreement, duly authorized by all necessary and appropriate action to execute
this Agreement on behalf of such party and does so with full legal authority.
9.21 Counterparts and Multiple Originals. This Agreement may be executed in multiple
originals, and may be executed in counterparts, each of which shall be deemed to be an
original, but all of which, taken together, shall constitute one and the same agreement.
9.22 Contingency Fee. Each of the Parties represents that it has not paid or agreed to pay
any person or entity, other than a bona fide employee working solely for a party, any
fee, commission, percentage, gift, or other consideration contingent upon or resulting
from the award or making of this Agreement. If any party learns that this
representation is false, it shall have the right to terminate this Agreement without any
further liability to the other Parties. Alternatively, if such representation is false, each of
the Parties, at its sole discretion, may deduct from the compensation due under this
Agreement the full amount of such fee, commission, percentage, gift, or consideration.
9.23 Use of Broward Logo. Contributing Counties shall not use Broward's name, logo, or
otherwise refer to this Agreement in any marketing or publicity materials without the
prior written consent of Broward, which consent includes the Compact.
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9.24 Force Majeure. If the performance of this Agreement, or any obligation hereunder is
prevented by reason of hurricane, earthquake, or other casualty caused by nature, or by
labor strike, war, or by a law, order, proclamation, regulation, ordinance of any
governmental agency, the party so affected, upon giving prompt notice to the other
party, shall be excused from such performance to the extent of such prevention,
provided that the party so affected shall first have taken reasonable steps to avoid and
remove such cause of non-performance and shall continue to take reasonable steps to
avoid and remove such cause, and shall promptly notify the other party in writing and
resume performance hereunder whenever such causes are removed; provided,
however, that if such non-performance exceeds sixty (60) days, the party that is not
prevented from performance by the force majeure event shall have the right to
terminate this Agreement upon written notice to the party so affected. This section
shall not supersede or prevent the exercise of any right the parties may otherwise have
to terminate this Agreement.
(The remainder of this page is intentionally left blank.)
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IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement:
BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through
its Mayor or Vice-Mayor, authorized to execute same by Board action on the _____ day of
_________________, 20__, and Contributing Counties, signing by and through their officials,
duly authorized to execute same.
BROWARD
ATTEST: BROWARD COUNTY, by and through
its Board of County Commissioners
By:
Broward County Administrator, as
Ex-officio Clerk of the Broward County day of , 20
Board of County Commissioners
Approved as to form by
Joni Armstrong Coffey
Insurance requirements approved by Broward Broward County Attorney
County Governmental Center, Suite 423
Risk Management Division: 115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
By: Telecopier: (954) 357-7641
Name:
By:
Title: [Name] (Date)
Assistant County Attorney
By:
[Name] (Date)
Deputy County Attorney
MCO/gmb
Compact Counties Interlocal Funding Agreement. 4-27-16.doc
05/17/16
#16-057.01
BCF #101
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INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY, MIAMI DADE COUNTY,
MONROE COUNTY, AND PALM BEACH COUNTY FORCOST SHARE SUPPORT OF SERVICES FOR
THE SOUTHEAST FLORIDA REGIONAL CLIMATE CHANGE COMPACT
MIAMI-DADE
WITNESSES: MIAMI-DADE COUNTY
_______________________________ By: ____________________________
Signature Authorized Signor
_______________________________ _____________________________
Print Name of Witness above Print Name and Title
_______________________________ _____ day of __________, 20___
Signature
_______________________________ ATTEST:
Print Name of Witness above
_______________________________
Corporate Secretary or other person
authorized to attest
(CORPORATE SEAL OR NOTARY)
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INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY, MIAMI DADE COUNTY,
MONROE COUNTY, AND PALM BEACH COUNTY FORCOST SHARE SUPPORT OF SERVICES FOR
THE SOUTHEAST FLORIDA REGIONAL CLIMATE CHANGE COMPACT
MONROE
WITNESSES: MONROE COUNTY
_______________________________ By: ____________________________
Signature Authorized Signor
_______________________________ _____________________________
Print Name of Witness above Print Name and Title
_______________________________ _____ day of __________, 20___
Signature
_______________________________ ATTEST:
Print Name of Witness above
_______________________________
Corporate Secretary or other person
authorized to attest
(CORPORATE SEAL OR NOTARY)
BCF #101
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INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY, MIAMI DADE COUNTY,
MONROE COUNTY, AND PALM BEACH COUNTY FORCOST SHARE SUPPORT OF SERVICES FOR
THE SOUTHEAST FLORIDA REGIONAL CLIMATE CHANGE COMPACT
PALM BEACH
WITNESSES: PALM BEACH COUNTY
_______________________________ By: ____________________________
Signature Authorized Signor
_______________________________ _____________________________
Print Name of Witness above Print Name and Title
_______________________________ _____ day of __________, 20___
Signature
_______________________________ ATTEST:
Print Name of Witness above
_______________________________
Corporate Secretary or other person
authorized to attest
(CORPORATE SEAL OR NOTARY)
BCF #101
06/01/15 Page 15of 15
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Exhibit A Scope of Services
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| April 2016
The Institute for Sustainable Communities (ISC) is pleased to submit this Statement of Work (SOW) for support of the
Southeast Florida Regional Climate Change Compact (the Compact) funded by county appropriated funds in addition to a
$400,000, two-year grant ($200,000 per year for calendar years 2016 and 2017) received by ISC from the Kresge Foundation
for work beginning on January 1, 2016, through December 31, 2017. While the tasks presented below are inclusive of both
funding sources, the budget is presented for only the county funding as allocated across each task, except as otherwise noted.
Task 1 Assist the Compact in the Ongoing Governance Process
Task 1.1: Bi-weekly Staff Steering Committee (SSC) Call Support
Representative tasks include: Identifying key strategic and management issues for the ongoing success of the
Compact; developing the bi-weekly agenda in partnership with the SSC; compilation of Hot Topics, communications
by Compact partners, and requests for Compact support/engagement.
Deliverable 1.1: Bi-weekly agendas, Hot Topics & notes (2016 & 2017).
Task 1.2: Biannual (2x annually) Staff Steering Committee Retreats
Representative tasks include: Identifying key strategic and management issues for the ongoing success of the
Compact; providing strategic advice to the SSC; developing the retreat agenda in partnership with the SSC.
Deliverable 1.2: Agenda, supporting materials (two per year 2016 & 2017).
Task 1.3: Compact Working Group Coordination and Support
Representative tasks include: Identifying key issues particular to working groups and developing agendas for
participants; scheduling meetings and in some instances providing facilitation; taking meeting notes and tracking
action items through completion; in some instances, providing research, analysis and specific Compact-branded
reports and/or web content.
1. ISC Coordination of Monthly Meetings of Compact-Florida Climate Institute (FCI) Partnership;
2. ISC Coordination of Municipal Working Group (as needed);
3. ISC Support for Compact in Climate Action Champions process;
4. ISC Support for other Working Groups to be determined as the current groups complete their work (time and
resources permitting).
Deliverables 1.3:
1. FCI Coordination Agenda and supporting materials;
2. Municipal Working Group Agenda and supporting notes;
3. Climate Action Champions Monthly call meeting notes;
4. Other Working Groups (TBD) Call agenda, supporting materials and meeting notes.
Task 1.4: Annual Summit Support:
Representative tasks include: Participating on Annual Summit planning team calls; assistance in developing Summit
themes, panels and deliverables; assistance in identifying and securing speakers; travel to, and participation in, the
Summit.
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Deliverable 1.4: Quarterly status reports. (Q3&42016; Q3&4-2017)
Task 2 (Primarily 2016): Provide Implementation Support for the Current Regional Climate Action Plan (RCAP)
Task 2.1: RCAP Implementation Workshops
Representative tasks include: Working with the SSC to identify and refine ideas for priority workshop topics;
designing and developing workshop agendas; identifying and securing speakers; securing attendees/participants;
managing registration; managing workshop logistics including venue, Audio/Visual (AV) and catering requirements;
designing and producing print materials for workshop participants; designing and administering participant
satisfaction surveys; coordinating the development of implementation guidance documents including content
development, securing contributing authors, and final document layout.
Deliverable 2.1: List of attendees; agenda & RCAP guidance document for each workshop. (Development,
coordination, layout & design of RCAP guidance docs.)
RCAP Workshops planned for 2016
1. Economic Resilience (April 28, 2016);
2. Incorporating Regional Sea Level Rise (SLR) Projections into Local Government Planning Processes (Date
TBD 2016);
3. Comprehensive Local Government Energy & Greenhouse Gas (GHG) Management (Date TBD 2016).
Task 2.2: Municipal Workshop Support
Representative tasks include: Working with the Municipal Working Group to identify topics for these half-day
sessions held in each county concurrently and linked together via webinar; developing and designing workshop
agendas and identifying speakers; providing scheduling and facilitation for planning meetings; researching technical
issues as needed; assisting with venue selection across four counties; providing webcast support to link the four
county venues.
Deliverable 2.2: Workshop agendas and worksheets/templates provided to participants.
Municipal Workshops for 2016:
1. Energy Efficiency for Public Buildings (January 19, 2016);
2. Climate Change 101 (June 16, 2016);
3. CRS/FEMA (TBD 2016).
Task 2.3: Coordinate and Develop Resilient Redesign
Representative tasks include: Developing lists of participants; confirming attendance and participation; securing
location, room set-up, and AV requirements; securing catering; developing agenda; managing communications
between participants, cities and team members; developing and printing materials; securing needed materials
(drafting supplies, etc.); administering participant satisfaction survey & report; developing Compact website content.
Deliverable 2.4: Resilient Redesign Workshop Agenda and backup materials including a participant satisfaction
survey (with report), process photos, presentations and text for Compact website. (Q4-2016)
Task 3 (2016 & 2017): Develop and Implement Communications on Behalf of Compact
Task 3.1: Ongoing Compact Communications Support
Representative tasks include: Providing ongoing content population, support and maintenance of the Compact
website; assuring Compact news and calendar items remain current; ongoing maintenance and development of the
Compact RCAP implementation case studies database; developing new content and pages on the Compact site as
required by the SSC; producing video clips; developing and producing Compact e-newsletter.
Deliverable 3.1: Quarterly Communications Report containing links to updated Compact web pages and quarterly e-
newsletter. (Quarterly)
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Task 4 (Primarily 2017): Coordinate the Second RCAP Analysis and Planning
Task 4.1: Provide Support for RCAP Analysis Activities
Representative tasks include: Working with the SSC and Compact Working Groups to update analytical products as
needed to prepare for the RCAP 2.0 document due by the end of 2017; providing logistical and facilitation support;
assisting with document preparation and finalization; managing review and comment processes for draft documents;
surveying local governments to assess implementation status of RCAP 1.0; conducting gap analysis.
Deliverables 4.1:
Final RCAP analysis documents posted to Compact website supported by quarterly update reports. (2016 &
2017)
Compact Indicators Final Compact Indicators webpage. (Q2-2016)
GHG Inventory Regional Inventory Final Report. (Q3-2016)
Task 4.2: Multi Stakeholder Engagement Support
Representative tasks include: Developing a regional stakeholder landscape map in partnership with the SSC and
facilitating/staffing the SSC in the creation of a regional stakeholder communications and engagement strategy in
advance of developing RCAP 2.0.
Deliverable 4.2: RCAP 2.0 regional stakeholder engagement strategy. (Q1-2017)
Task 4.3: Provide Support for RCAP Strategy Development
Representative tasks include: Working with the SSC and Compact Working Groups to structure and support
topically organized RCAP 2.0 strategy working groups; providing logistical and facilitation support as needed;
strategic and technical advice on climate strategies; assisting with draft RCAP preparation and finalization;
managing review and comment processes for draft documents.
Deliverable 4.2: Draft RCAP 2.0 posted to Compact website. (Q3-2017)
Task 4.4: Provide Support for Final RCAP Production
Representative tasks include: Working with the Staff Steering Committee to finalize RCAP 2.0 by analyzing public
comments; revising draft RCAP 2.0 content as needed; producing the final layout version of RCAP 2.0 in pdf format
for the Compact website.
Deliverable 4.3: Final RCAP 2.0 posted to Compact website. (Q4-2017)
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Budget and Narrative
ISC is requesting $400,000 in funding to support the Compact process between April 1, 2016 and December 31, 2017, as
described in the budget detailed by deliverable in the following pages the following table provides an estimated billing
schedule by deliverable:
Year 1
4/1/2016 -- 12/31/2016
Q1 (JFM) Q2 (AMJ) Q3 (JAS) Q4 (OND)
- 63,430 74,279 62,348
Year 1
Total 200,057
Year 2
1/1/2017 -- 12/31/2017
Q1 (JFM) Q2 (AMJ) Q3 (JAS) Q4 (OND)
36,996 34,654 76,040 52,247
Year 2
Total 199,937
Personnel and Fringe Benefits
Negotiated Indirect
Cost Rate Agreement (NICRA) (included as A
Travel
ISC requires travelers to take reasonable steps to lower travel costs and air travel is based on economy or coach
class fares. ISC pays for actual hotel costs and provides per diem rates for meals and incidental expenses that do not exceed
US General Services Administration rates.
Other Direct Costs
-133 audit expense.
Indirect Costs
costs, less grant
cost base. See Attachment A.
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Attachment AISC Negotiated Indirect Cost Rate Agreement
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