Item R17BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 15, 2015 . Department: Sustainability
Bulk Item: Yes — No X Staff Contact Person: Rhonda Haag, 453-8774
AGENDA ITEM WORDING: Approval for a. no -cost time extension to the contract with Erin L..
Deady, P.A. for the development of the GreenKeys Climate and Sustainability Plan. -
ITEM BACKGROUND: The GreenKeys Climate and Sustainability Plan Contract with Erin L.
Deady; P.A. terminated July 1, 2015.. This Amendment No. 3 extends the schedule for final
deliverables on the existing contract retroactively from July 1, 2015 to November 3, 2015. No
additional funds are requested. A no cost extension is requested to allow time for:
• Development of data and information for final community workshops scheduled for September -
October 2015.
• Review of proposed new sea level rise projections developed by the Southeast Florida Regional
Climate Compact, which affect the climate modeling data provided in the Plan.
• Additional time for staff and CCAC review and comment on the draft and final Plan and web
materials
PREVIOUS RELEVANT BOCC ACTION:
7-17.13: Approval to advertise an RFP to develop a Sustainability Action Plan with Climate Change and
Energy Savings Initiatives. The RFP included a request for the base Sustainability Plan plus any optional
services that would help the County prepare for a fully sustainable future.
10-16-13: Approval to negotiate both the sustainability base contract and the additional climate modeling
services.
11-20-13: Approval of the contract with climate change and energysavings elements.
03-19-14: Approval of Amendment No. 1 to modify task and deliverables schedule.
02-18-15: Approval of Amendment No. 2 to add outreach components for sea level_ rise workshops in the
middle and lower Keys..
CONTRACT/AGREEMENT CHANGES: Extension of time.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST $0. INDIRECT COST: _BUDGETED: Yes X No _ N/A�
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: $0 for Amendment 3 . SOURCE OF FUNDS: Sustainability Budget
REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year
APPROVED BY: CountyAtty eOMB/Purchasin Risk Managemen ;
DOCUMENTATION: Included X
DISPOSITION:
Not Required /
AGENDA ITEM #V�
4
AMENDMENT NO.3
TO THE CONTRACT FOR
DEVELOPMENT OF A SUSTAINABILITY ACTION PLAN
WITH ENERGY AND CLIMATE CHANGE INITIATIVES
BETWEEN
MONROE COUNTY
AND ERIN L. DEADY, P.A.
THIS AMENDMENT NO. 3, made to the AGREEMENT dated December 11, 2013, as amended
April 16, 2014, and February 10, 2015 is made and entered into this by MONROE COUNTY
("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton
Street, Key West, Florida 33040 and ERIN L. DEADY P.A., ("CONSULTANT"), whose address
is I I I I Hypoluxo Road, Suite 207, Lantana, FL 33462.
WITNESSETH
WHEREAS, the COUNTY has engaged the services of the CONSULTANT to develop the
COUNTY'S Sustainability Action Plan and to provide sea level rise modeling and outreach
services; and
WHEREAS, the CONSULTANT has provided successful sea level rise public outreach meetings
for residents of the Upper Keys; and
WHEREAS, the COUNTY desires to modify the AGREEMENT to provide additional public
outreach meetings for the residents of the Middle and Lower Keys to inform and educate them
about the potential effects of sea level rise and the COUNTY'S preparedness actions; and
WHEREAS, the parties agree to extend the date of the Agreement to allow for the completion of
such services and to extend the date of completion of the final Sustainability Action Plan; and
r
WHEREAS, this Amendment No. 3 shall be retroactive from July 1, 2015.
NOW, THEREFORE, for and in consideration of the mutual covenants and promises as
hereinafter set forth and of the faithful performance of such covenants and conditions, the
COUNTY and CONSULTANT do hereby agree as follows:
1. CONSULTANT shall finalize the remaining tasks as described in the Scope of Services
Exhibit A-3 attached, including the spread sheet attachment, which is attached hereto and
made a part of this agreement. All other tasks under the Contract have been completed.
2. This Amendment No. 3 ,shall be retroactive to the 1 st da of f July. 2015 and will conclude
with delivery of the deliverables outlined in Exhibit A-e, which shall be no later than
November 3, 2015.
Page 1 of 3
Y
IN WITNESS WHEREOF, the parties hereto have caused these present to be executed on the
day of 2015.
(SEAL)
Attest: Amy Heavilin, CLERK
OF MONROE COUNTY, FLORIDA
Deputy Clerk
WITNESS to Deady Signature:
By:
Print Name: AWL 4._., —Ear eyxrdl
Date:s-
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
LON
Mayor Kolhage
ERIN L. DEADY, P.A.
BY:
Print Name: 661'0 L- 0F0
Title: f (F ! 'I A4Lf
Date:
MONROE COUNTY ATTORN
- PROVED AS TO F R
NATI � - �
EENF W.CASS -
SSISTAW7 CuUL
Da e NTY ATTORNEY
Page 2 of 3
STATEMENT OF WORK
Scope of Services
The CONSULTANT will assist the County with building on and moving forward with what has
already been accomplished under the CONTRACT. In addition to the services previously listed
in the CONTRACT, the CONSULTANT will provide the following additional tasks identified
below:
A. Graphics and Web Design: The CONSULTANT shall assist the COUNTY's web
contractor by providing web content and reviewing and commenting on the graphic design to brand
Monroe County's sustainability initiatives and assist in the development of web tools and pages to
effectively convey the sustainability plan in an interactive, engaging, transparent, and useful
manner through the sustainability website.
Final Due Date: October 15, 2015
B. Community Outreach Meetings: Run the COAST software to produce new results under
one "elevation" adaptation action scenario for and area to be identified and host two public
outreach meetings to discuss the potential effects of sea level rise, the County's preparedness
actions, and other issues as appropriate. Provide additional graphics development for the two
additional Middle and Lower Keys workshops.
Final Due Date: September -October, 2015
C. Goal Development and Prioritization: The Consultant shall provide an additional
prioritization survey for the sustainability goals. Consultant shall develop a survey instrument
and work with community stakeholders to provide input into the prioritization process for plan
goals ranking them as short term, middle term or long term actions considering their cost and
feasibility. Consultant shall utilize the STAR framework and work with the Climate Change
Advisory Committee as well as other stakeholders.
Final Due Date: July 15, 2015
D. Final Plan Development
The CONSULTANT shall host a final BOCC workshop to present the GreenKeys Sustainability
Action Plan to the BOCC and the public. The CONSULTANT shall incorporate suggested
revisions into the draft and present the final to the COUNTY.
Final Due Date: November 3, 2015.
Page 3 of 3
t
AMY REAVILIN, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
MONROE COUNTY, FLORIDA
DATE: February 26, 2015
TO: Roman Gastesi
County Administrator
ATTN: Connie Cyr
FROM: Lindsey Ballard, D. C.
R-FCi�`11�:_:.
FEB 2 7 2015
B'Y : _
At the February 18, 2015 Board of County Commissioner's meeting the Board granted approval
and authorized execution of Item 08 enter into Amendment No. 2 to the contract with Erin L. Deady,
PA for development of a Sustainability Action Plan with Climate Change and Energy Savings
Initiatives.
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. 305-195-3663
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
AMENDMENT NO.2
TO THE CONTRACT FOR
DEVELOPMENT OF A SUSTAINABILITY ACTION PLAN
WITH ENERGY AND CLIMATE CHANGE INITIATIVES
BETWEEN
MONROE COUNTY
AND ERIN L. DEADY, P.A.
THIS AMENDMENT NO. 2, made to the AGREEMENT dated December 11, 2013, as
amended April 16, 2014, is made and entered into this by MONROE COUNTY ("COUNTY"), a
political subdivision of the State of Florida, whose address is 1100. Simonton Street, Key West,
Florida 33040 and ERIN L. DEADY P.A., ("CONSULTANT"), whose address is 1111
Hypoluxo Road, Suite 207, Lantana, FL 33462.
WITNESSETH
WHEREAS, the COUNTY has engaged the services of the CONSULTANT to develop the
COUNTY'S Sustainability Action Plan and to provide sea level rise modeling and outreach
services; and
WHEREAS, the CONSULTANT has provided successful sea level rise public outreach
meetings for residents of the Upper Keys; and
WHEREAS, the COUNTY desires to modify the AGREEMENT to provide additional public
outreach meetings for the residents. of the Middle and Lower Keys to inform and educate them
about the potential effects of sea level rise and the COUNTY'S preparedness actions; and
WHEREAS, the parties agree to extend the date of the Agreement to allow for the completion of
such services and to extend the date of completion of the final Sustainability Action Plan; and
WHEREAS, this Amendment No. 2 shall be retroactive from December 12, 2014.
NOW, THEREFORE, for and in consideration of the mutual covenants and promises as
hereinafter set forth and of the faithful performance of such covenants and conditions, the
COUNTY and CONSULTANT do hereby agree as follows:
CONSULTANT shall provide the additional services as described in the Scope of
Services Exhibit A-2, including the spread sheet attachment, which is attached hereto
and made a part of this agreement.
2. This Amendment No. 2 shall be retroactive to the 12th day of December, 2014 and will
conclude with delivery of the deliverables outlined in Exhibit A-2, which shall be no
later than July 1, 2015.
Page 1 of 3
3. This AMENDMENT NO. 2 provides an additional Fifteen Thousand Three Hundred
Dollars ($15,300) for the services in Amendment No. 2. The overall CONTRACT value
is increased from One Hundred Ninety Nine Thousand Seven Hundred and Sixty
Dollars ($199,760.00) to Two Hundred Fifteen Thousand and Sixty Dollars
($215,060.00).
IN WITNESS WHEREOF, the parties hereto have caused these present to be executed on the
00, day of 2015.
Heavilin, CLERK
COUNTY, FLORIDA
. 1MA MAN�
Witness to Deady signature:
By:
Print Name: A rVN L4'j -( /Xca
Date: 2' S� 15"
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
By: T�
May%or`KdMge
ERIN L. DEADY, P.A.
By: `-�i7�� CC c
Print Name: G4 , n L
Title: P(-F si d Ent
Date: Oq k
MONROE COUNTY ATTORNEY
PROVED AS TO F91
NATILEENE CASSEL
ASSISTANT C)1)fgTv ATTORNEY
Date -��!
Page 2 of 3
EXHIBIT A-2
STATEMENT OF WORK
Scope of Services
The CONSULTANT will assist the County with building on and moving forward with what has
already been accomplished under the CONTRACT. In addition to the services previously listed
in the CONTRACT, the CONSULTANT will provide the following additional tasks identified
below:
A. Graphics and Web Design. The CONSULTANT shall assist the COUNTY's web
contractor by providing web content and reviewing and commenting on the graphic design to
brand Monroe County's sustainability initiatives and assist in the development of web tools and
pages to effectively convey the sustainability plan in an interactive, engaging, transparent, and
useful manner through the sustainability website.
Final Due Date: June 1, 2015
B. Community Outreach Meetings: Run the COAST software to produce new results
under one "elevation" adaptation action scenario for and area to be identified and host two
public outreach meetings, one each in the Middle and Lower Keys, to discuss the potential
effects of sea level rise, the County's preparedness actions, and other issues as appropriate.
Provide additional graphics development for the two additional Middle and Lower Keys
workshops.
Final Due Date: June 1, 2015
C. Goal Development and Prioritization: The Consultant shall provide an additional
prioritization survey for the sustainability goals. Consultant shall develop a survey
instrument and work with community stakeholders to provide input into the prioritization
process for plan goals ranking them as short term, middle term or long term actions
considering their cost and feasibility. Consultant shall utilize the STAR framework and work
with the Climate Change Advisory Committee as well as other stakeholders.
Final Due Date: June 1, 2015
D. Final Plan Development
The CONSULTANT shall host a final BOCC workshop to present the draft GreenKeys
Sustainability Action Plan to the BOCC and the public.
Final Due Date: June 30, 2015.
Page 3 of 3
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AMY NEAVILIN, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
MONROE COUNTY, FLORIDA
DATE. June 12, 2014
TO: Roman Gastesi,
County Administrator
ATTN. Connie Cyr
FROM Vitia Fernandez, D.
At the April 16, 2014, Board of County Commissioner's meeting the Board granted approval and
authorized execution of Item 07 Enter into Amendment No. 1 to the contract with Erin L. Deady, PA for
development of a Sustainability Action Plan with Climate Change and Energy Savings to reflect slight
modifications to the deliverables and due dates as outlined below.
Enclosed is a duplicate original of the above -mentioned for your handling. Should you have any
questions, please feel free to contact me.
cc: County Attorney
Financ/�
File V
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 305-851-7146
ANIENDMENT NO. 1
TO THE CONTRACT FOR
DEVELOPMENT OF A SUSTAINABILITY ACTION PLAN
WITH ENERGY AND CLIMATE CHANGE INITIATIVES
BETWEEN
MONROE COUNTY
AND
ERIN L. DEADY, P.A.
THISAMENDMENT NO. 1, made to the AGREEMENT dated December 11, 2013, is made and
entered into this 161h day of April, 2014 by MONROE COUNTY ("COUNTY"), a political
subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida
33040 and ERIN L. DEADY P.A., ("CONSULTANT"), whose address is 1111 Hypoluxo Road,
Suite 207, Lantana, FL 33462.
WITNESSETH
WHEREAS, the COUNTY desires to modify the AGREEMENT to provide the required public
records clause: and
WHEREAS, the CONSULTANT desires to provide a revised Exhibit `B which has been
modified to add new tasks at no additional cost and to slightly modify the deliverable schedule.
NOW, THEREFORE, for and in consideration of the mutual covenants and promises as
hereinafter set forth and of the faithful performance of such covenants and conditions, the
COUNTY and CONSULTANT do hereby agree as follows:
1. Section 4 PAYMENT TO CONSULTANT shall be deleted in its entirety and replaced
with the following:
Section 4. PAYMENT TO CONSULTANT
4.1 Payment will be made according to the revised Deliverable Schedule attached as
Exhibit B-1, and according to the Florida Local Government Prompt Payment Act,
Section 218.70, Florida Statutes. Payments will be lump sum, not time and materials.
Partial payments of tasks and deliverables shall be allowed for any item over $5,000.
The Provider shall submit to the County an invoice with supporting documentation in a
form acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted
accounting principles and such laws, rules and regulations as may govern the Clerk's
disbursal of funds. The Sustainability Manager will review the request, note her approval
on the request and forward it to the Clerk for payment.
4.2 Any extension of this Agreement beyond the term noted in Section 3 is contingent upon
annual appropriation by Monroe County.
Pagel of 3
3. Section 8. RECORDS shall have the following added:
"Pursuant to F.S. 119.0701, CONSULTANT and its subconsultants shall comply with all public
records laws of the State of Florida, including but not limited to:
(a) Keep and maintain public records that ordinarily and necessarily would be required by
Monroe County in order to perform the service.
(b) Provide the public with access to public records on the terms and conditions that Monroe
County would provide the records and at a cost that does not exceed the cost provided in Florida
Statutes, Chapter 119 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.
(d) Meet all requirements for retaining public records and transfer, at no cost, to Monroe
County 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 Monroe
County in a format that is compatible with the information technology systems of Monroe
County. "
I)WITNESS OF, the parties hereto have caused these present to
t� y` day of 49C.2014.
be executed on the
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
(CORPORATE SEAL) ERIN L. DEADY, P.A. X
ATTEST:
M
cr-
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o
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By By:
IV
O
Title: MONROE COUNTY ATTORN�
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PROVED AST F '+
C-)
Ca?
�
ATILEENE W. CASSEL
AASSISTANT
d
Cam'
COUNTY ATTORNEY
Date
Page 2 of 3
EXHIBIT B-1
DELIVERABLE AND PAYMENT SCHEDULE
EXHIBIT B-1
DELIVERABLE SCHEDULE
Page 3 of 3
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A,MY
IN, CPA
CLERK OP CIRCUIT COURT & COMPTROLLER
MONROE COUNTY, FLORIDA
DATE: Janutuy T5, 2014
TO: Roman Gastesi, County Administrator
ATTN: Rhonda Haag -
FROM. Vitia Fernandez, D,
At die: December '11, 2013`, Board of County Commissioner's meeting, the Board granted approval and
authorized, execution of Item P3 Enter into a Contract with Erin L. Deady, PA for development of a
Sustainability Action. Plan with Climate. Change :and, Energy Savings Initiatives. Request includes', the
base sustainability action plan and. additional climate change modeling features.
Enclosed is a duplicate oi-iginal of the ahore-irietitioired for yoiir• haiidlirig. Should you have any
questions, please feel free to contact ine.
cc: County. .Attorney
Finance
.File
500 Whitehead Street Suite 101, PO 8ox,1980, Key West FL 33040 Phone: 305-295-3130.Fax: 305-295-3663
3117 Overseas Highway, Morathon,-FL 33050 Phone: 305-289-6027 Fax: 305-289-6025
88820 overseas Highway, Plantation Key, FL 33070 Phone: 852-7145 Fox: 305-852=7146
CONTRACT FOR
DEVELOPMENT OF SUSTAINABELITY ACTION PLAN
WITH ENERGY AND CLIMATE CHANGE INITIATIVES
BETWEEN
MONROE,CQUNTY
AND ERIN L. DEADY, P.A.
THIS AGREEMENT is made -and entered into this I Ith dU.of. December.. 2013 by MONkOpa
COUNTY ("COUNTY"), a political subdivision of the. State of loridat whose address is 1,100
Simonton Street, Key-West,.,Florida,33040., and ERIN L. DEADY P.A.,.:("CONSULTAN'IT"),
whose, address is 11111 HypQluxo Road, Suite 207, Lantana,:FL 33462.
WITNESSETH
WHEREAS, -Monroe COUNT Y, Florida, encompasses the uniquely beautiful natural
envirohnient.of the Florida..Xdys,;. and,
WHEREAS, the Monroe County Board of Commissioners (BOCC) is dedicated to
preservation of the built and natural environment; and
WHEREAS, the COUNTY recognizes the need for, immediate, coordinated, and
visionary.action to address the impacts of ichanging climate and ensure the COUNTY
provides for e d environmental resilience i-South
pmonup-an e n east.Florida; and
WHEREAS, the COUNTY has been working on numerous initiatives to achieve
sustainability, and a.Sustainability Action'PI, an is, -requited. to, align these individual effbfts
within-aframewoik, vision andactionplan; and
WHEREAS, the COUNTY issued its Request for Proposals RFP ("RW'), pursuant to state and
local law to solicit proposals to develop a,Sustainability,Action.Plan and related services; and
.WHEREAS,, CONSULTANT is a, -professional qualified to render, said services and has
,responded to the:RFP by submitting: its. proposa.l.in-response 4o the RFP1("PrQposal"); and.
WHEREAS;; the CONSULTANT, provided. & prop6satfbrthe development of Sustainability
Action Plan, including sea level rise modeling -services; and
WHEREAS,, the CONSULTANT was the numberone ranked proposer for the services- and
WHEREAS, the COUNTY desires to engage CONSULTANT to provide such -services to. the
COUNTY according -to the terms and subject to the conditions set forth herein.
.NOW, THEREFORE, fot and in consideration= of the mutual covenants and promises as
hereinafter set, forth and of the Idithful performance. of such covenants and conditions, the.
COUNTY :and :CONSULTANT 'd6here.byagree :as follows:
Pagel of
Section'!. SCOPE OF SERVICES
CONSULTANT shall. 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. CONSULTANT warrants that it is authorized by law to engage in the
performance of the activities herein described, subject to the terms and conditions set forth in
these. Agreement documents. The CONSULTANT shall at all times exercise independent,
professional judgment and shall assume professional responsibility for the services to be
provided.. CONSULTANT shall provide services using. the following standards, as a minimum
requirement:
A. The. CONSULTANT ."shall, maintain adequate staffing levels to provide the
services -required under the Agreement resulting from this RFP process..
B. The personnel shall not be employees of or have any contractual relationship with
the COUNTY. To the extent that CONSULTANT uses SUBCONSULTANTs or
independent CONSULTANTs, this Agreement specifically requires that
SUBCONSULTANTs and independent CONSULTANTs shall not be an
employee,of or have'any contractual relationship with COUNTY.
C. All personnel engaged.in performing services under this Agreement shall
be fully, qualified, and, if required, 1to be authorized. or permitted under State and
local law to perform such services.
Section2. COUNTY'S RESPONSIBILITIES
2.1 The COUNTY will provide such data as is required by the CONSULTANT and is
mutually agreed upon.
2.2 The COUNTY will.make payments asoutlined in Section 4.of this. Agreement..
Section.3 TERM OF'AGREEMENT
3.1 Except as noted'below, this Agreement shall begin on the 12th.day of December. 2013
and will conclude with. delivery of the deliverables outlined in Section 1 of this
Agreement, which. shall not be later than December 15.2014.
Section 4. PAYMENT TO CONSULTANT
4.1 The COUNTY shall pay the CONSULTANT in current funds for. the CONSULTANT'S.
performance- of this Agreement a lump sum. amount of One Hundred Ninety Nine
Thousand Seven Hundred.and Sixty Dollars ($199,760.00).
4.2 Payment will be made according to the Deliverable Schedule attached as Exhibit B, and
according to the Florida Local Government Prompt Payment Act, Section 218.70, Florida
Statutes. Payments will be lump sum, not time and,materials. Partial payments of tasks
and deliverables shall be allowed for any item over $5,000, and Task lb. The Provider
shall submit- to the COUNTY an invoice -with supporting documentation in a form.
acceptable to the Clerk. Acceptability to the; CIerk is based on generally accepted
Page 2 of 23
accounting principles and such laws, rules and regulations as may govern the Clerk's
disbursal of funds. The, Sustainability Manager will review the request, note her approval
on the request and.forward;it to the Clerk for payment.
4.3 Arip-extension of this Agreement beyond the term noted in Section 3 -is contingent'upon
annual appropriation by Mo.n.roe COUNTY.
Section:-S. CONTRACT TERM NATION
Either party may terminate this. Agreement because of the failure of the other party to perform its
obligations under the Agreement. COUNTY may terminate this Agreement with- or without
cause upon thirty (30) days' notice to: the CONSULTANT. COUNTY shall pay CONSULTANT
for work performed through the .date of termination.
Section 6. CONSULTANT'S ACCEPTANCE OF CONDITIONS
A. CONSULTANT hereby agrees that Ile has carefully examined the RFP, her response, and
this Agreement and has -made a determination, that he/she has the personnel,; equipment,
and other requirements suitable. to perform this work and assumes full responsibility
therefore. The provisions of the Agreement shall control any inconsistent provisions
contained in the specifications. AlI specifications have been read and carefully
considered by CONSULTANT, who understands-the.same and agrees to their, sufficiency
for the work to be done. Under no circumstances, conditions, or situations shall this
Agreement be more -strongly construed against COUNTY than against. CONSULTANT.
$: Any ambiguity or uncertainty in. the specifications shall not be construed against the
drafter.
C. The.passing, approval, and/or acceptance by COUNTY of any of the services "furnished
by CONSULTANT shall not operate as a waiver by COUNTY of strict compliance with
the tennis of this"Agreement, and specifications covering the services.
D. CONSULTANT. "agrees that COUNTY Administrator or his designated representatives
may. visit CONSULTANT'S facility (ies) periodically -to conduct random evaluations of
services during CONSULTANT'S normal business -hours.
E. CONSULTANT has; and shall maintain throughout the term of .this Agreement,
appropriate. licenses and approvals required to conduct its business, and will .at all times
conduct its business activities in a reputable manner. Proof of such licenses and
approvalsshall be submitted to COUNTY upon request.
Section 7. NOTICES
Any,notiee-required or permitted under this agreement shall bd in writing and hand delivered or
mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the
following:
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To the COUNTY'.- COUNTY Administrator, Mr. Roman Gastesi
1100 Simonton, Street, Suite 205.
Key West,.Florida'33040
To.'the,CONSULTA-NT-:- Erin L..Deady,.P.A..
-1111 Hypoluxo Rioad, Suite.207
Lantana, FL 33462.
Section.8. RECORDS
CONSULTANT shall maintain. all books, records, and documents directly pertinent to
performanceI . under this Agreement- in accordance with generally accepted accounting principles
PO,isistO�it-ly'.a:pplida.---F,ach.pkay: to this. Agreement or dieir, authorized representatives shall have.
wgonable,pnd, timely access to such records of .each other party to this. Agreement for public
lecords,;purposesdurmi : the term of the agreement and for iVe- (5), years following �the.
9 f
termination of this Agreement. If -an auditor -employed--by.the,-COUNTY or Clerk determines that
monies paid to CONSULTANT pursuant to
this Agreement were spent, for purposes not
authorized by this Agreement.. the,CONSULTANT shall repay the monies together with interest
calculated pursuant to Section 55.03 of the R.S., -running from the date the monies were paid to
CONSU'LTANT..
Section 9. EMPLOYEES SUBJECT TO COUNTY ORDINANCE. NO$. 010 AND:. 020-
The <CONSULTANT warrants that it has not: employed, _retained. or otherwise had act on its
behalf any- formet'C . OUNTY officer or employee subject to the prohibition of Sect - ion 2 of
Ordinance No.. 010-4950 or.any- COUNTY officer or employee in violation of Section. 3 of
Ordinance No. 0204990. For breach or violation of this, provision the COUNTY may, in its
discretion,, terminate this agreement without liability and may also, in its discretion, deduct from
the agreement or, purchase,,price, or otherwise recover the full arnount.df any'f6e commission,
percentage; gift,or conside d ration paid to the former COUNTY officer or employee.
Secti'Mi 10. CONVICTED VENDOR
By,signing this agreement, CONSULTANT represents that -.the execution, of this. Agreement will
not Violate the Public Entities Crime Act (Section 287-133, Florida Statutes). Violation -of this
section shall result, in termination ,-of this Agreement and.recovery of all monies paid hereto, and
may result in -.debarment from COUNTY's competitive procurement activities..
A person. or affiliate who has been placed, on the convicted vend -or list following,.a. conviction.for
publi'c entity crime may not submita-bid on a, A a public,jentit
greementvith y f6r the construction
or repair of a public building. .or public, work, may, not perform work as a CONSULTANT;
.
supplier, SU-BCONS T under Agreement with an public entity; d
WANT or CONSULTANT y an
may not trans4pt-'business With any public ,entity in excess, of the threshold amount provided", i . n
Section 297.017-of the Florida Statutes, for the Category Two for a period of 36 months from the
date of being placed on the convicted vendor list.
Page 4 of 23
Section.11. GOVERNING LAW, VENUE' ;INTERPRETATION, COSTS AND FEES,
This Agreement shall be- governed by and construed in accordance with the laws otthe State of
Florida applicable to Agreements 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 CONSULTANT agree that
venue shall_ lie in the appropriate court or before the appropriate administrative body in Monroe
COUNTY, Florida.
Section- 12: 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. ofthe original intent of this Agreement. The
COUNTY and CONSULTANT 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 11, ATTORNEY'S FEES AND COSTS
The COUNTY and CONSULTANT' 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, and court
costs, as: an award against the non -prevailing party, 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 .required by the Circuit Court of Monroe
COUNTY.
Section-14. BINDING EFFECT
The terms, covenants, conditions, and provisions of this. Agreement shall bind and inure to the
benefit of 'the COUNTY and CONSULTANT and. their respective legal representatives,
successors; and assigns.
Section 15. 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 16. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to
Page 5 of 23
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, then any
party shall have the right to seek... such relief or remedy as maybe provided by this Agreement or
by Florida law., This Agreement shall notbe subject to arbitration.
Section 17. 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 CONSULTANT
agree to rparticipate, 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 CONSULTANT specifically agree'that no
party to Ihis Agreement shall be -required to enter, into any arbitration proceedings related to this
Agreement.
Section 18. NONDISCRIMINATION
COUNTY and CONSULTANT 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
discrmination.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 CONSULTANT
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 US:C ss. 6101-6.107) which prohibits discrirriination 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-I and 290ee-3), as amended; relating to
confidentiality of alcohol and drug abuse patent records; Title VHI 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,tlie subject matter of, this. Agreement.
Section,19._ COVENANT OF NO INT)CREST
COUNTY and CONSULTANT 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
Page.6 of 23
this Agreement, and that only interest of each. is to perform and receive benefits as recited in this
Agreement.
Section 20. CODE OF ETHICS
The parties understand that officers and employees of. the COUNTY .are 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; misuseof public position, conflicting
employment or contractual relationship; and disclosure or use of certain information.
Section.21. NO SOLICITATIONMAYMENT
The COUNTY and CONSULTANT warrant -that, inrespectto itself, it has.neither employed nor
retained any company or person, other than .a bona ride 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 CONSULTANT
agrees that. the COUNTY shall have- the right, to terminate this Agreement without Iiability and,
at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, _gift, or consideration.,
Section 22. PUBLIC ACCESS
The COUNTY and CONSULTANT 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 11'9,. Florida Statutes, and- made or received by the 'COUNTY and
C ONSULTANT' in conjunction with. this Agreement; and the COUNTY shall have the right to
unilaterally cancel this Agreement upon violation of1this provision by- CONSULTANT.
Section 23. NON -WAIVER OF DMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
COUNTY and the CONSULTANT 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 Agreement. entered into by the COUNTY be required to contain any ,provision for
waiver.
Section.24. PRIVILEGES AND EMAIMTIES
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
Page 7 of 23
the COUNTY shall apply -to,the; same., degree and extent to the performance of such functions and
duties„o , f such officers, agents, volunteers,. or employees outside the territorial limits of the
COUNTY.
Section 21 :LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non-DeIegation. of',Constitutional or Sta
tutory` Duties. This -Agreement- is not intended to, nor
shall, it,be construed as, re Hqving- any, participating entity from, any obligation or -responsibility
imposed -upon the, entity- bylaw-expept--io the extent of actual and timely performance thereof by
participating entity, any part_iin which, cast the 'performance may be offered in satisfaction of the
obligation Or responsibility. Further, this -Agreement isnot intended to, nor shall'it be construed
as, 'authorizing the delegation ofthe constitutional or statutory duties of the CO exc UNTY, ept to
the exterit.,permitted. by',the Florida constitution, state statute, and case law.
Section -266. NON-RELIANC.E.BY. NON-PARTIES
No-lier-son or entity,:IshalI be entitled to rely upon the terms;, or any of 'them of .this Agreement to
enforce orAttempt to enforce ,any,th.ird-party ' -claim: or entitlement to or benefit of -any service or
program contemplated hereunder, and the COUNTY' and -the -CONSULTANT
agree that neither
the=COUNTY nor the CONSULT orziLy-,4gent, officer, r, employee -o6f either shall.have the
authority to inform, counsel, or otherwise indicate- that any particular, -individual or ,.group of
individuals, entity ,,ofenfities,, have entitlements or benefits under this Agreement se parate -and
apart; inferior to, or superior . to the community in general or for the purposes contemplated in
this. -Agreement.
Section 27. ATTESTATIONS
CONSULTANT agrees. toexecute such documents as the COUNTY may re.asoAabl I y require
including, but not being limitedto. a Public Entity: Crime Statement; an Ethics Statement, and a
brug-Free Workplace ',Statement; 'Lobbying and Conflict -of Interest Clause, and Non -Collusion
Agreement.
Section 28. NO PERSONAL LIABILITY
No.covenant'-or _agreement contained .herein :shall -be, deemed to be a covenant or agreement- of
,any member; officer, agent or Monroe; COUNTY 'in his or her individualcapacity,
and no member, officer, -agent or employee : of, Monroe COUNTY shall1 be liable verso—nally on
this Agreement or 'be subject to. any personal liability or accountability by reason of the
execution of this Agreement.
Section 29. 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 instturnent'and..ajiy
of the parties hereto may -execute this -Agreement - by signing, any such counterpart.
Page 8 of 23
Section 30. 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 inahe interpretation of any provision of this Agreement.
Section 31. INSURANCE POLICIES:
31.1 General Insurance Requirements. for CONSULTANT and SUBCONSULTANTS.
As a pre -requisite of the work governed, the CONSULTANT shall obtain, at his/her .own
expense, insurance as specified in any attached schedules, which arq made part of this contract.
The, CONSULTANT will ensure that the. insurance obtained will extend protection to all
SUBCONSULTANT§ engaged by the -CONSULTANT. As an alternative,. the CONSULTANT
may require all SUBCONSULTANTs to obtain insurance consistent with the attached schedules;
however CONSULTANT is solely responsible -to ensure that said insurance is obtained and -shall
submit proof of insurance to. COUNTY. Failure to provide proof of insurance shall, be grounds
for termination of this Agreement.
The CONSULTANT will not be permitted to commence work governed by this contract until
satisfactory evidence of the required insurance has been furnished to the COUNTY as specified
below; Delays in the; commencement .of work, resulting -from the failure of the CONSULTANT
to -provide satisfactory evidence of the "required insurance, shall not extend deadlines specified in
this contract and any penalties and -failure to perform. assessments shall be imposed as if the work
commenced on the specified date and time, except for the CONSULTANT's failure to provide
satisfactory evidence..
The CONSULTANT shall maintain the required-- insurance throughout the entire term of this
contract :and'any extensions specified herein. Failure to comply with this provision. may result in
the immediate suspension of all work. until the required.insurance.has been reinstated or replaced
and/or termination of this Agreement and :for damages to the COUNTY. Delays in the
completion- of work resulting from the failure of the CONSULTANT to maintain the required
insurance. shall not extend deadlines, specified in this contract. and any penalties and, failure to
perform assessments shall be imposed as if the work had not been suspended, except for the
CONSULTANT's failure to maintain the required insurance.
The CONSULTANT shall. provide, to the COUNTY, as satisfactory evidence- of the. required
insurance, either:
• Certificate of Insurance, or
• A Certified copyof the actual -insurance policy.
The COUNTY, at its sole option, has the right to request a certified.copy of any or all insurance
policies required by this contract. All insurance policies must specify that they are. not subject to
Cancellation, -non-renewal, material change, or reduction in coverage unless a minimum of thirty
(30) days prior notification is given to. the COUNTY by the, insurer.
Page.9 of 23
The acceptance, and/or approval of-the-CONSULTANT's insurance, shall not be construed as
relieving the CONSULTANT from any liability or: obligation assumed under this contract or
imposed by law.
The Monroe COUNTY -Board of"COUNTY Commissioners, its employees and officials will be
included as "Additional Insured on all policies, except for Workers' Compensation.
31.lInsurance Requirements
Prior to the commencement of, work governed. by this contract, the -CONSULTANT shallobtain
General. Liability Insurance. 'Coverage shall be maintained throughout the life of the contract.
and, include, as a minimum,-
0 Premises Operations
• Bodily Injury Liability
• Expanded'Definition of Property Damage
The minimum limits acceptable shall be-$500,000 Combined Single Limit (CSL)
If split limits areprovided, the minimum limits acceptable shall be:
$250,000 per Person
$500,000 per Occurrence
$ 50,000 Property Damage
An. Occurrence Patin- policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims -filed on or after the. effective date of this contract.
In addition, the period -for which claims may be reported should extend for minimum of twelve
(12) months following the acceptance of work:by the COUNTY.
The Monroe COUNTY Board of COUNTY Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
313 Vehicle Liability Insurance requirements
Recognizing that the -work govemed: by this. 'contract; requires the use of vehicles, the
CONSULTANT, prior to the commencement, of .work, shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a minimum,
liability coverage for:
• Owned, Non -Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$300,000 Combined Single Limit .(CSL)
If split; -limits are provided, the minimum. limits acceptable shall be:
$100.000 per Person
$300,000 per Occurrence
-$ 50,000. Property Damage
Page 10 of 23
'The Monroe COUNTY Board of COUNTY Commissioners shall be ::named as Additional
-Insured on all poiicidse.,Issu6dto satisfy the above,requirements.
Workers' Compensation Insurance Requirements
Prior to commencement of work governed 'by this- contract, the CONSULTANT shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state
statutes..
In addition,- -the CONSULTANT shall obtain :Employers' Liability Insurance with limits of 'not
less than:
$500;000`Body Injury by,Accident.
$500,00.0 Bodily Injury by Disease, policy limits
$500,000 Bodily Injury -by Disease, each. employee
Coverage, shall be maintained throughout the entire term of the contract. Coverage ,shall be
provided. company or companies authorized to transact business. in the state of Florida.
31.5 Professional-Liability`'Requirements
Recognizing: that the -work governed by this- contract.involves the furnishing of -advice orservices
of. a professiorial.hature,'the CONSULTANT shall purchase and -maintain, throughout the life' of
the contract, Professional Liability Insurance which will respond to damagesresulting from any
claim arising out of the performance of professional services or any error or omission of the
CONSULTANT arising out of work. governed by this contract.
The minimum limits .of liability. shall:be$ 500;000 per•occurrence/$1,000,000 Aggregate.,
Section.32. INDEMNIFICATION
TheCONSULTANT does- hereby consent and agree 'to 'indemnify and hold harmless the
COUNTY, its Mayor,. the Board of' COUNTY Commissioners, appointed Boards and
Commissions,.:Officers, and the Employees, and any other agents, individually and .collectively,
from all fines, suits, claims, demands, actions, costs, obligations, attorney';s fees, or liability of
any `kind arising out of the sole negligent. actions of the CONSULTANT' or substantial -and
unnecessary delay causedby the willful nonperformance of the CONSULTANT and shall'be
solely responsible and answerable -for any and all accidents or injuries to persons or property
arising out of its: performance 1 of this contract: The amount and type of insurance coverage.
requirements set forth hereunder ,shall in no; way be construed as limiting the scope. of indemnity
set forth in this -paragraph, Further the CONSULTANT agrees to defend and pay all legal costs
attendant to acts: attributable to the sole negligent act of the 'CONSULTANT.
Section 34 INDEPENDENT CONSULTANT.
At all times and for all purposes hereunder, the CONSULTANT is an independent
CONSULTANT and not anemployee of the -Board of COUNTY Commissioners. No statement
Page 11. of 21
contained in this agreement,shall be -construed so as. to find the CONSULTANT or, any -of his/her
employees'. CONSULTANTs, servants or agents to be employees of'the Board of COUNTY
Coi;nr - io ersfor Monroe COUNTY. As an independent CONSULTANT the CONSULTANT
ws. , n..
shallprovide independent, -,professional judgment and comply withall. federal,
state, and local,
statutes, ordinances, rules and regulations applicable. to the -services'. to be provided.
Section 35 COMPLETENESS. OF WORK
The: CONSULTANT 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 expense> all significant errors or omissions therein which may be -disclosed.
The post of thework necessary- to, correct 'those errors attributable i to the CONSULTANT and.
any damage incurred by the COUNTY as result of additional costs- caused by such errors shall
be chargeable to the CONSULTANT. 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.
The CONSULTANT 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. Such delays, or hindrances, if any; shall be compensated for
by the - COUNTY by: an extension of time for a: reasonable period for the CONSULTANT to
compkie-the,work.schedule. Such. an agreement -shall bemAde between -the, parties.
By
'NESS WHEREOF, the parties hereto have caused these present to be executed on the
day of L"A 2013.
Aeavft, CLERX
COUNTY; FLORIDA
Deputy
(CORPORATE: SEAL)
ATTEST:
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
By:
Mayor Murphy
ERIN L. DEADY, P.A.
By By_&�
Title: fri
,Page 12 of 23
15:40111'.3m
STATEMENT OF WORK
L..tredactiaml.
Monroe COUNTY, With is 100 plus -miles of low lying 'islands, has very unique attributes
making i 1 t extremely vulnerable
e to impacts such as sea level. rise and increased hurricane
-intensity:The Florida Keys is the proverbial "canary in the coal mine for climate change due
to the topography geography. With its c dependence 011
p phy and geogr vulnerable habitat and economic
the health.of its terrestrial and marine ecosystems, Monroe COUNTY has much to lose by not
taking a strong leadership role. on these issues. By simultaneously mitigating greenhouse gas
emissions ("GHGattributable to energy use and preparing, for the: gradual, but.Acc6leratirig,
impacts of climate change, the -COUNTY is proactively taking action. Because of itsi,unique
and
d terrestrial systems, it is important- . for the COUNTY to demonstrate. leadership and
a. visionary role by, sustainably managing -its resources and preparing for future resiliency
challenges.
The- COUNTY has: taken numerous steps towards becoming a more sustainable community
and has begun, to implement projects to collect data, reduce energy use and other initiatives.
r0J i
With the collection of this initial .data, implementation, of projects and dedication of staff, a
Sustainability Action Plan ("SAP') is required to consolidate these efforts, with
recommendations. 'to be integrated within the, COUNTY's existing-policystructure, which will
then serve as the "blueprinf' for taking conceptual item to. action items.
Thepurposeof the COUNTY's Sustainability program is to create an open, transparent and_
participatorydialogue. between local -governments, community members, business owners,
and other key area stakeholders concerning the COUNTY's commitment and process to
implement strategies related to the triple bottom line balancing (1) economic prosperity, (2).
environmental health' and'(3) social, equity..
Almost allImpacts, from climate change relate to increasing air temperatures, with.global sea
level rise largely attributable to the thermal expansion of'the oceans, and melting of glaciers
and ice sheets. By 4armonizing efforts to create this SAP, update GHG data and take. further
steps to address climate change, the COUNTY is gathering all previous and current initiatives
and putting them into one planning process. In addition, new climate and energy initiatives
will be reviewed for appropriateness for the COUNTY: Modeling will be performed for
various
s sealevel rise, scenarios in the community and the COUNTY. The result of this process
will be the development of a cohesive SAP, based upon data, policy and regulations,
lations,
providing -a blueprint for the COUNTY (internally) and community- (externally), to 'become
more -sustainable.. energy -efficient, and.resilient to climate vulnerabilities.
EL, V_ I
Tho,visio4 of the SAP for Monroe COUNTY is to:
A. Describe the COUNTY and Community's GHG emissions sources ,and how those
emissions could be expected to grow;,
B. Characterize and model various community and COUNTY sea level and climate
resilienclythreats;
Page 13 of 23
C. Recommend "ways that "the -:COUNTY (and Community) can achieve GHG• reductions
with additional co -benefits such as;.green job opportunities and improved public.
lealti.
.D-. Provide -a timeline for the SAP 's implementation, and
E `Define: an :Implementation -Section for turning `the Plan into action andtransparently
tracking and.
reporting progress .toward .ts.;goals, including funding..
Implementation •of a SAP shall be mindfd of existing planning; and -policy making processes:
These: efforts are in addition to the,previous work of the Green Initiative Task Force, Climate
Change Advisory Committee and the work products from the COUNTY' &.EECBG grant. The
COUNTY has already completed many efforts.'to collect data and take -steps toward becoming
4,more,"sustainable:-organization and serve as a model for similar efforts "with. other agencies.
and, the community. This work. is inaddition to the inclusion of energy and climate goals,
objectives and policies in the201.0 Comprehensive Plan.(a;current effort).
Additionally, funding for recommendations that stem -from any SAP is a.primary focus. The
.approach. to -the SAP will include two -maJor approaches to overcome these obstacles. First,
policy recommendations should -,.be based upon". real data ;that will make the COUNTY more
competitive; for funding sustainability and climate -related initiatives with grant funds as part
of a larger cohesive; effort. Second, the, process of,tracking the success of the "Plan, on an
annual basis,. in conjunction with its capital planning. process;; allows- the.COUNTY ,to
constantly monitor its successes and setbacks: -in achieving its goals. Goals shall be qualitative
and ;quantitative"as appropriate.
The development of a SAP is " essential to advance the COUNTY's energy conservation and
environmental sustainability goals and develop climate resiliency strategies. The SAP will serve
as a blueprint fora the COUNTY's new Sustainability Office and initiatives. The SAP will serve
as the "foundation for guiding'. the COUNTY's efforts to. meet its objectives in this important
arena and provide, aaangible.document that can be_used to:"
1) Highlight the.COUNTY's sustainability. initiatives;
2) Demonstrate the-COUNTY's commitment to sustainability;
3-) Reduce the effects of GHG to climate change by reducing energy consumption;
3) Support funding.requests;
4) Modelthe effects,of-SIA on the community and the COUNTY;: and
5) Educate and inform. the community.
IV Project Descr ptfamij;:The primary projeci objectives are; to:
a. Provide a long, terin 'blueprint for: "public. and private sector decision -making
that substantially advances the COUNTY in its pursuit of holistic sustainability
and quality of life; and
Page 14 of 2-
b. Develop options for. SLR scenarios and GH G reduction targets.
Assumptions will be determined based on data developed by the COiJNTY, new
data and shall coincide with its long range.planning process; and
c. The resulting. SAP shall be a. collective list of a vision
statement, goals, objectives, modeling results and policies incrementally
building based on a mutually decided planning horizon. A 5-year planning
horizon shall.be referenced
V. Project Cbmpoeents.
a. Project Management: Regularly meet with COUNTY's project team to
coordinate data needs, access staff expertise, and ensure full understanding and
agreement on scope :specifications, including -desired deliverable formats.
Conduct meetings/presentations with COUNTY commission, COUNTY
administration, COUNTY staff, and community stakeholders as 'to- the progress
Of. the SAP as, well as any input from the departm_ ents of Plan,
evaluation/monitoring responsibilities..
b. Data collection and updating inventory development: Data collection, existing
conditions analysis, trend analysis, documentation. The COUNTY has compiled
raw data and will provide this data for updating of the COUNTY Operations
GHGE -inventory. The data includes information regarding; electric and
water/sewer utility, fleet vehicle fuel, natural gas, recycling programs.
CONSULTANT shalt conduct various SLR modeling efforts in conjunction
with this effort.
ea Strategy Development: Set targets to reduce GHG emissions in the COUNTY,
technical support documentation, set goals. objectives and policies..
d. :Engage' Citizens and Businesses: Steps to build additional stakeholder support;
requires coordination and collaboration with COUNTY staff/officials,
participating agencies and the public throughout the project to ensure support and
acceptance of preferred alternatives and policy documents by the public,
COUNTY Commission and other reviewing agencies; will include coordination
with COUNTY and regional partners as required to. acquire available data,
identify best practices and, contribute to countywide and.regional initiatives;
e. Sustainability Action Plan:_ Develop strategies relative to a SAP that will be
developed and prioritized by the COUNTY project.team and stakeholder
engagement. Focus areas could include, but not limited to the following focus
areas as shaped by the project development and community input process:
1. Energy efficiency
Page_ 15 of 23
2. Energy and resource efficientland use patterns and redevelopment policies which
promote the inclusion of energy conservation areas within the COUNTY's Comprehensive
Plan and Land Development Code.
3, Transportation including. measures to reduce vehicle miles traveled; transportation demand
management; increased. street .and mode connectivity; complete streets; multimodal
mobility planning that places emphasis on public transportation systems, reduces
greenhouse gas emissionsand supports energy efficient land use patterns; and energy
efficient traffic control.
4. Potential forrenewable.powergeneration.andenergy Conservation.
-5. Housing including energy efficient design and construction of new housing and use of
renewable resources: consistent with chapter 553, Florida Statutes.
6: Recycling and. environmentally responsible solid waste reduction within industry,
community,,and municipal.
7. Naturalresources conservation that affects energy and waterconservation and education
of greenhouse gases (e.g:, demand side water conservation to preclude need for energy
intensive alternative,water supplies). Also consider.green.space access, tree Canopy, and
habitat preservation.
8. Locally- based, sustainable food production ,to enhance economic, environmental and
social health:in the community.
9. Community education and outreach.
10; EXternal Funding to implement SAP strategies_and capital improvements.
I1,. Periodic evaluation and ,refinement of objectives strategies and actions to .increase
effectiveness.
VI;Scope,of Services
The. CONSULTANT will assist the COUNTY with building on and moving forward with what
has already been accomplished and established as sustainability initiatives. The CONSULTANT
will work collectively with the. Sustainability Office, other representatives of COUNTY
departments, Climate Ch a n.g e: Advisory Committee, volunteers, from the community,
other ,governmental agencies, and utilities providers to complete the scope of work. The -
CONSULTANT will analyze- and prioritize.`initiatives that effectively and efficiently meet the
overall` purpose of the SAP. These prioritized actions shall be linked to a cost along with
estimated returns on investment and staff resources to be dedicated,
Page.16 of 23.
The-CONSULTANT&all. provide services including the'tasks identifidd.beldw:.
1-Collection.andupdAting of GHG data
1Anal i :and developmept of 'performance measures
ysis
I Collaboration with,COLTNTY staff and stakeholders
3. Graphic andWebsit:6 design
4. Develotiment-of tools -,to inonitor/evaluate1progress, and goals
5...SLRM6del runst
& solicitiiticin;of public.input
7. Public meeting presentations: as defined bythe Tasks and Deliverables
8. Coordination with other: community organizers
9.,,Ddv,elopfnent of'a premier SAP specifically suited to meet the needs of 'the Florida Keys and
Monroe -County
Thelasks, are,.?s follows:
a. 'kick-off meeting, within fist month of contract initiation
b. M,mfinumof, at least bi-monthly calls with Project Manager
C. Board of COUNTY Commissioners Workshops on SAP
d. One -oh -one meetings with COUNTY Project Manager and Commissioners,(2)
-.on SAP
e. 2 Director's, meetings
a. 1 8rainstornimg Session on Communications:Strategy
b. Communications Strategy including approach to branding, web and Public
Outreach Strategies-
c. and webmaterials,
d. Final, branding ,and web materials
Taik,J0 Baseline'AssessaieatfGat3Analsa
.
.a. Identification of data sources, (Baseline assessment of data :including ` -habitat,:
LIDAR., land use; :energy data, -greenhouse data etc.)
b., Identification of data -needs (Gap Analysis)
C. Final Data Report of existing data andneededdata
10 R11 11111-111111 2 �i - I M "Mr. � Z
a. Energy and GHG Reduction Strategy Idenfification/Quanificadon (utilize
dxistin&cnergy. data and projects identified)
Page .17 of 23.
b. Update.of Muni cipal.Greenhouse'Gas Inventory (2010).
c. Analysis -of Community Scale Emissions and Target -Setting
d. Energy and Emissions Forecasting Analysis
e.. Final energyanalysis with specific projects,, milestones and projected savings
f.. Presentation to BOCC for Targets and Forecasting
In these preceding Tasks, sustainability goals will define the overarching objectives and scope
of the SAP: A primary piece of the goal setting is the GHG emissions reduction target along
with other goals addressing issues such as affordable housing, natural resources %conservation,
or public transportation. The CONSULTANT'S approach shall include goal setting and.
revisiting the GHG reduction targets already established by the COUNTY and determine
progress towards them and whether or not they need to be, revised..
Task 50' 11+ioclehng-Delruerable
a. With COUNTY 'staff, determine -the specific location:for community -based use
of the COAST model. CONSULTANT development for outreach and logistics.
b. Working with COUNTY staff and/or other groups that will be the outreach and
coordination leads, support, organization of initial public meeting.
C. Run .a day -long public meeting to .parameterize no -action COAST iterations..
Confirm inputs withCOUNTYstaff.
d. Run the COAST software to produce 3D visualizations of avoided, costs for
assets and SLR and storm. surge thresholds stakeholders have identified.
e. Present no -action results to COUNTY staff via webiriar, .review strategy for
presentation at a second.public meeting..
f. Working with COUNTY staff and/or other extension groups that will be the
outreach and coordination leads, support organization of a second public
meeting..
g. Run second day -long public meeting to present and review no -action results and
consider, select, and customize two candidate adaptation actions to model,
from among the categories of "fortify," accommodate, and "relocate," for the
asset they -have .chosen.
h. Run the COAST software to produce new results under the two stakeholder-
identified- adaptation action scenarios.
i. Present action scenario results to COUNTY staff via webinar, review strategy.
for presentation. at a third public meeting.
j. Working -with. COUNTY staff and/or other extension groups that will be the
outreach and coordination leads, support organization of third public meeting.
Page 18 of 23
k. Present action scenario results and host discussions about their implications, in
the third public meeting,
1. Prepare final report to the COUNTY with 3D maps and cumulative expected
damage tables evaluating costs and benefits for the no -action scenarios .and for
adaptation -action scenarios thatstakeholders have designed. Include narrative
interpretation of the facilitated sessions; what directions stakeholders have
voiced. they may wish to head with the results- or see COUNTY officials
examine further; and written interpretation of map and table results and what
the results might suggest for policy and financepossibilities.
In. Assemble project steering and technical: review sub -groups that will oversee and
provide peer commentary onall project modeling aspects
n, Assemble, review, and synthesize existing sea level rise vulnerability data
layers and assessments as conducted by Monroe COUNTY, South Florida
Water Management District, and the Southeast Florida. Regional Climate
Change Compact,
o. Work with COUNTY officials and stakeholders to identify gaps in. existing
information, and also identify needs for .higher resolution and/or additional
spatial datasets needed.for specific infrastructural decision -support and natural,
resource management needs.
P. Develop visualizations and general,assessments.of sea level rise vulnerabilities
for Monroe COUNTY using the Nature Conservancy's Coastal Resilience 2.0
Tool, the Florida Department of Transportation's Sea level Rise Sketch Tool,
and custom GIS .assessments.
q. .Intersect outputs of -road segments 'identified as vulnerable to 1 foot -of sea level
rise (using,FDOT•Sea Level Rise Sketch Tool) with,priority list of roa&repair
projects. Using this list as a guide, work with COUNTY roads department to
develop a sub -list of specific road segments known to flood currently on' king
tides or minor storm events.
r. Coordinate technical modeling approaches- and provide outreach assistance
through on-line webinars and in person presentations.
s. ,Develop'a draft report that describes technical approach and findings, while also
providing recommendations for near. -term adaptation actions, data needs and
development, and policy tools forfuture adaptation planning cycles.
t. Integrate draft report comments from technical reviewers, COUNTY staff, and
project partners to develop final report, which will be synthesized into the
Monroe COUNTY Climate and Sustainability Plan.
U. Technical workshop on sea level rise. planning, insurance, and legal issues for
local governments (FL Sea Grant)
v. Peer Review Target of 3 Reviewers
W. TNC Coordination with -open source Coastal Resilience 2.0 Tool
X. TNC Data Collection integration
Page 19 of 23
Y. TNC Participation in Community Technical, Workshops
The CONSULTANT shall use a multi -tool approach including two key focus areas: 1)
COUNTY impacts, -infrastructure and habitat and 2) a community based approach utilizing
_COAST which can be used to a) predict potential cumulative damages to user -defined assets
from SLR and storms using a scenario -based approach; and b) evaluate .:relative costs and
benefits of user -defined adaptation -strategies.
On the COUNTY side, the Team will utilize the-FDOT Sketch tool, the Nature Conservancy's
Resilience 2.0 tool and other customized GIS work building upon work already completed to
date.
On the Community based side, for COAST., although it is a technical tool, its primary value is
how, it connects the technical with the,social, political, and economic realities of implementing
local adaptation. Through proper implementation, stakeholders are drawn in to active
discussions about their future.. They choose the COAST `inputs, from the vulnerable assets to
the specific scenarios and adaptation strategies to evaluate. Using local data for vulnerable
assets -(real estate, infrastructure, economic activity, natural resources, human health, or other)
and for candidate adaptation actions Wherever possible, COAST model results generate local
enthusiasm and buy -in not .available.through most other approaches.
Task�60 Goal.Developzneatand'Pciorltzattan:
a. Review of existing sustainability and climate initiatives and memorandum. on
same
b. integration of existing initiatives into STAR Index (includes 1 year STAR
Subscription and Certification fee = $3,000):
C. Web -based Goal prioritization (Mindmixer)
d. Draft -Goal Report
e. Final Goal Report
f. Public.Workshops-Lower,-,toddle & Upper:Keys (3).
The STAR Community .Rating System ("STAR") is the -nation's first voluntary, self -reporting
framework for.evaluating, quantifying, -and improving the livability and sustainability of U.S.
communities. The framework includes social, economic and environmental dimensions of
community. The CONSULTANT shall use STAR, or other appropriate method, as the
method to determine. an 'initial "rating" and then improve upon that rating over a specified
period of time.
STAR is.an online system -that gathers, organizes, analyzes, and presents information required
to meet sustainability goals. It is premised on.a:framework of sustainability goals, objectives
and. evaluation measures. Local leaders can set goals and measure progress .across
sustainability themes using the evaluation measures included in the .Rating System. A
Page 20 of 23
community can address all or some of the Goals and Objectives and determine if there are
additional outcomes to measure.
Within the Goals and Objectives speck performance measures are included such as regulatory
changes, land acquisitions, new policies or plans created or something as specific as increasing
access to transit. The CONSULTANT has included a STAR subscription into this scope of work
and will use the process as a performance management tool for the SAP. The Team is open to
other methodologies for performance monitoring and tracking, but recommends consideration of
STAR because of the support the organization provides and the uniformity of the rating
approach.
Task 7:O::Strategy Devel'ornnenL;Perfarmance�anil Memtor�g
a. Develop strategies to meet goals
b. Review and analyze performance measures
C. Develop monitoring system
Task 8:0:.. Implenrentatian•Planc IViilesiones and,Sc}iedul
a. Review capital planning process, Comprehensive Plan and Code for additional
consistency
b. Create recommendations and actions for implementation (with projects,
programs, initiatives and -milestones)
c.. Reviewfunding opportunities and constraints
d. Prioritize recommendations as short, medium and long term
The preceding Tasks deal with the development of the actual SAP with public input from
stakeholders. The SAP identifies the policies and measures that the COUNTY will take to
achieve the goals defined. Per the COUNTY's request, the SAP will include policies,
initiatives and strategies; updates of the GHG Inventory; a target for GHG reductions;policy
recommendations; an implementation strategy and performance measures for establishing the
timeframes to accomplish short, medium. and long-range planning horizons. These Tasks will
also involve implementation of the Communications Strategy, and portions of that relate to
public involvement.
Task 9.U: Final Elan Developmen
a. First Draft of SAP Outline
b. Second Draft of SAP Outline
C. Format of SAP
d. Graphic design of Plan
Page 21 of 23
e, -First Draft, Sustainability Action. Plan
f. Sdcond.Dtaft ofSustaftiabilityAction. PI an
integrate Modeling
_Results --Results.-Into Sustain6bility Action Plan
h. Public Workshop on SAP
i. :Pm*al SAP
Plapernent-of SA? on website
Plan -Implementation, will -.addresses the policies and measures - in the 'SAP. The. Team will
analyze fin -, grants and way to;iinpl 'implement e,8- .1 - - rating its
financing strategies 6 the AP,by indorpo
recommendations into existing policy structures such -as the capital i improvements. planning
process, the .Comprehensive Plan. and Code of Ordinances. In this way, many
recommendations can,hopefully be! iinplemented with little or no new cost to the: COUNTY.
Tasks will, also. involy-e monitoring and verifyingpo
p gressi , which is an ongoing process
beyond this, cope of work including- annually reporting, onimplementation progress and
mom Wringthe overall sustainabilityof 'the iuris "wfion-usIng
the indicators identified'.'
Page. 22 of 23
EXHIBIT B
DELIVERABLE SCHEDULE
Page 23 of 23
EXE"IT 0-IDELIVERABLE ANDPAYMENT, SCHEDULE
Tasks Deliverables
iverables Targeted Date,
Kick-off meeting wr"in firstmonthof contract,:initiation 20-Dec-. 13
Quantity
Minimum of at wjth-Pr6ie&Managrr as needed "Ist and.3rd;weekof month. 24
Bo"aril of Count . . . . . . . . . . . .
;sioon Report
SAP One on one meetings and 10
v 1
PM G jL)irepors meetings Ist quarWand.lasrqtiartcro•
rzmrtiticiekutiss
a. lBrAinstornuffig Sessiomon Communications Strategy 20-Jan-14
b. Communications Strategy incjudinOPproach.to branding, web and Public
Outreach Strategies 20-17644
C. -Draftbranding an&web materials 20-,May-14:
a. Identification Pfdhta: sources (Baseline: assessmentofdata including habitat,,
LIDAR, land use,energy.daia, greenhouse dataetc.
2(=Dec-.14
b. Identification .of -, data :needs (Gap Analysis)
4,an44
c. Final DataRepprt of existing data andmeeded data
20-Jan-14
a. 'Energy"and GHG Reduction Strategy Identification/Quantification (utilize
existing energy data and projects identified)
14.-Mar- 14
b. Update of -Municipal Greenhouse Gas Inventory (20 10)
'14-Feb-14
c. Analysis of Community ScaleEmissions and,Tar&t Setting
287Feb-14
d. Energyanq Emissions Forecasting Analysis
28-Feb-14
e. Final.energyznalysiswith specific projects, mHestones,and Droiected savin0s
.29-Ausi-14
a. With County staff, determine the specific Iodation foiedomrnunity�b 'ased use, 15-Dec714 .
of the COAST model. Team development for outreach andlogistics.
b. Working with County staff and/or,othet extension.groups that will be the 314an-14
ouft=h-and coordination 'leads, support organization, of initial public meeting.
atlon&- 14
c-. -Ru . n a d
Confirm%tnputs:wtth County staff;;
d. Run the COAST;software to produce- 3D visualizations- of avoided costs for 7-Apr=.14
assets and SLR and storm surge thresholds'stakeholders have identified
page 1
I
I
sl,mo
$2,400
$F,600,
lk,9,06
.$850
$1,400
$2' 900
$5,400'
#-bod
$2,05,0
st.,$06
$1,800
$4,6W
$5,.200
$2.200
$1,500
$1,700
$4,000
HIM
$400
-P,-000
101000
SEAGRANT
EXHIBIT B DELIVERABLE AND.PAYMENT SCHEDULE
C. Present no -action results to County staff via webinar, review strategy for 15-Apr-14
presentation at a second public meeting.
f. Working with County staff and/or other extension groups that will be the 15-May-14
outreach and coordination leads, support organization of a second public meting.
g. Run second day-long.public meeting to present and review no -action results 30-Jun-14
and consider, select, and customize two candidate adaptation, actions to model, from
among the categories of "fortify," accommodate," and "relocate." for the asset they
have chosen.
IL Run the COAST software.to produce new results under the two stakeholder- 15-Aug-14
identified adaptation action scenarios.
i. Present action scenario results to County staff via webinar, review strategy for 31-Aug-14
presentation at a third public meeting.
j. Working with County staff and/or other extension groups that will be the 15-Sep-14
outreach and coordination leads, support organization of third public meting.
k. Present action scenario results and, host discussions about their implications,
in the third.publie meeting.
15-Oct-14
I. Prepare final report to the County with 3D maps and cumulative expected
damage tables evaluating.costs and benefits for the no -action scenarios and for
10/312014 for penultimate
adaptation -action scenarios that stakeholders have designed. Include narrative
draft to County; comments
interpretation of the facilitated sessions; what directions stakeholders have voiced
back from County by
they may wish to head with the results or see County officials examine further, and
11/1/14, fugal draft
written interpretation of map and table results and what the results might suggest
submitted to County by
for policy and finance possibilities.
11/14/14.
a. Assemble project steering and technical review sub -groups that will oversee and
provide peer commentary on all project modeling aspects 31-Jan-14
b. Assemble, review, and synthesize existing sea level rise vulnerability data layers
and assessments as conducted by Monroe County, South Florida Water
Management District, and the Southeast Florida Regional Climate Change
Compact. 14-Jan-14
c. Work with county officials and stakeholders to identify gaps in existing
information, and also identify needs for higher resolution and/or additional spatial
datasets needed for specific infrastructural decision -support and natural resource
management needs 14-Jan-14
Page 2
1
$500
1
$500
$3,000
1
$6,000
1
$500
1
$500
1 $3,000
$5,000
$1,000
$3,000
$3,250
EXHIBIT B - DELIVERABLE AND PAYMENT SCHEDULE
d. Develop visualizations and general assessments of sea level rise vulnerabilities
for Monroe County using the Nature Conservancy's Coastal Resilience 2.0 Tool,
the Florida.Department of Transportation's Sea level Rise Sketch Tool, and custom
GIS assessments. 31-Mar-14
e. Intersect outputs of road segments identified as vulnerable to 1 foot of sea level
rise (using FDOT Sea Level Rise Sketch Tool) with priority list of road -repair
projects. Using this Iist as a guide, work with county roads department to develop a
sub-list`of specific road segments.known to flood currently on king tides or -minor
storm events.. 31-May-14
f.. Coordinate technical modeling approaches and provide outreach assistance
through on-line webinars and in person presentations. Ongoing
g.. Develop a draft report that describes technical approach and findings, while
also providing recommendations for•near-teini adaptation actions, data needs and
development, and policy tools for future adaptation planning cycles. 31 Jul-14
h. Integrate draft report comments from technical reviewers, county staff, and
project partners to develop final report, which will be synthesized into the -Monroe
County Climate and Sustainability Plan. 15-Oct-14
i. Technical workshop on�sea level rise planning,, insurance, and legal issues for
local govemmenis,(FL Sea Grant)
March 15-30
Indirect Cost SeaGrant
Peer Review Target of 3 Reviewers
a. Coordination with open source Coastal Resilience 2.0 Tool
b. Data Collection integration
d. Participation in Community
Ongoing
January - May
May -July
a. Review of existing sustainabUity and climate initiatives and memorandum on
same 14-Jan-14 I
b. Integration of existing initiatives into STAR. Index (includes I year STAR
Subscription and Certification fee = $3,000) 14-Mar-14
C. Web -based Goal prioritization (Mindmixer) 31-Jul-14
d. Draft Goal Report 7-Jul-14 1
e. Final Goal Report 31-Jul-14 1
,f. Public Workshops Lower,Middle:& Upper Keys (3) July 25-30 3
Page 3
$5,000
$10,000
$10,000
$12,500
$7,500
$2,000
$6,5I0
$3,000
$2,000
$2,000
$3,000
$700
$5,300
$1,500
$700
$700
$2.600