Item O7Meeting Date: April
16,
2014
Division: County Administrator
Bulk Item: Yes
X
No
Department: County Administrator
0 , 0 1 0 6 # .
AGENDA ITEM WORDING: Approval to 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
Initiatives. This amendment adds the public records requirements and revises the Deliverable Schedule
to reflect slight modifications to the deliverables and due dates as outlined below.
ITEM BACKGROUND: There are no changes to the contract amount. The Deliverable Schedule
has been revised at no additional cost to the County to include an updated task and updated deliverable
schedule.
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 energy savings elements.
CONTRACT/AGREEMENT CHANGES:
A public records clause was added to the Contract. The following changes were made to the revised
Deliverable Schedule:
0 Task 2.e is new, to create an Outreach Contact list (amounts were re -apportioned among
tasks/deliverables to account for cost- no new cost to County)
0 Most Task 5.0 Deliverables were pushed back 3-5 weeks to reflect the time it took to select a
COAST Community Modeling location (Key Largo)
0 Task 5.g.2 is new, to train County staff on methods to account for building elevation data with
existing County information (University of Georgia has agreed to do this at no cost to the County)
0 Task 5.i.2 is new, adding a BOCC Workshop to brief on the Results of the Sea Level Rise
Infrastructure Analysis (University of Georgia has agreed to do this at no cost to the County)
0 Task 6.e has been revised to add an additional survey (pre and post project) at no cost to the
County
• Some Tasks have been broken down into smaller steps (at no additional cost) to reflect some
smaller steps in drafting documents, etc. to account for County review and comment before finalizing.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: $199,760 INDIRECT COST: —BUDGETED: Yes —No — N/A X
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
C1ST TO COUNTY: $0 for Al SOURCE OF FUN1S: Not &plicable
rX'EVENUE PRODUCING: Yes —No X AMOUNT PER MONTH Yemi
APPROVED BY: County Atty "'o /Purchasing Risk Management
DOCUMENTATION: Included x Not Required
DISPOSITION: AGE1'+1_1r'A ITEW, #
CONTRACT SUMMARY
Contract with: Erin Deady, LLC
Contract #A I
Effective Date: April 16,2014
Expiration Date: December 15, 2014
Contract Purpose/Description:
This Amendment No. 1 authorizes a slight
revision to the scope of work to add new
I Z ore W.TsUe 81 i0golft"T"RIN Fie saw-16 eleir. tots I to
to the County.
Contract Manager: Rhonda Haag
8774 CAD M.S. #26
(Department/Stop #)
for BOCC meetingMWl6/l4____
Agenda Deadline: 04/01/14
CONTRACT COSTS
Total Dollar Value of Contract: $ $199,760 Current Year Portion: $
Budgeted? Yes® No R Account Codes: —
Grant: $
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $__jyr For:
(Not included in dollar value above) (eg. maintenance, util
I Division Director
I Risk Management
CONTRACT REVIEW
Changes
Date In Needed
YesF-j NoF-1
Yes[-] NoF-1
O.M.B./Purchasing YesEj NoF-1
County Attorney / YesEl No
I Comments:
1633 � 1 1.2 rom11 Lei
199,760
anitorial, salaries,
Reviewer
Date Out
AMENDMENT NO. I
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 16 1h day of &Lnl. 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 I I I I Hypoluxo Road,
Suite 207, Lantana, FL 33462.
L&TA 0 1,011
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 "13 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.
Page 1 of 3
2. Section 8. RECORDS shall have the following added:
"Pursuant to F.S. 1 l 9.0701, 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. "
IN WITNESS HEREOF, the parties hereto have caused these present to be executed on the
i� day of 2014.
MM
Attest: Amy Heavilin, CLERK
OF MO OE COUNTY, FLORIDA
By
Deputy Clerk
(CORPORATE SEAL)
ATTEST:
ByQ�Q)62-,,
'11 :1r ! 1 1
9 1 lei 34114M
Mayor Murphy
ERIN L. DEADY, P.A.
By: 6WW &J,+
Title:
MONROE COUNTY ATTORNEY
A PROVFD AS TO FO,R�g1:
NATILEENE W. CASSEL
Page 2 of 3 ASSISTANT COUNTY ATTORNEY
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,54
CLERK 4F CIRCUIT COURT & COMPTROLLER
�.. a MONROE COUNTY, FLORIDA
DATE: January 1 S, 2014
TO: Roman Gastesi, County Administrator
ATTN: Rhonda Haug
FROM. Vitia Fei-nandez, D.
At the 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 original of the above-rnentioned for your• handling. ,Should you have any
questions, please feel free to contact me.
cc: County Attorney
Finance
File
500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305-295-3130 Fax: 305-295-3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305-289-6027 Fax: 305-289-6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852-7145 Fax: 305-852-7146
CONTRACT FOR
DEVELOPMENT OF A SUSTAINABILITY ACTION PLAN
WITH ENERGY AND CLIMATE CHANGE INITIATIVES
BETWEEN
MONROE .COUNTY
AND ERIN L. DEADY, P.A.
THIS AGREEMENT is made and entered into this I1th day of December, 2013 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, Monroe COUNTY, Florida, encompasses the uniquely beautiful natural
environment of the Florida Keys; 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 a changing climate and ensure the COUNTY
provides for economic and environmental resilience in Southeast Florida; and
WHEREAS, the COUNTY has been working on numerous initiatives to achieve
sustainability, and a Sustainability Action Plan is required to align these individual efforts
within a framework, vision and action plan; and
WHEREAS, the COUNTY issued its Request for Proposals RFP ("RFP") pursuant to state and
Iocal Iaw 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 proposal in response to the RFP ("Proposal"); and
WHEREAS, the CONSULTANT provided a proposal for the development of the Sustainability
Action Plan, including sea level rise modeling services; and
WHEREAS, the CONSULTANT was the number one 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, 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:
Page 1 of 23
Section 1. 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, to be authorized or permitted under State and
local law to perform such services.
Section 2. 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 as outlined 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
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 Iump 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 Clerk 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 Any extension of this Agreement beyond the term noted in Section 3 is contingent upon
annual appropriation by Monroe COUNTY.
Section S. CONTRACT TERMINATION
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 he 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. All 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.
B. 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 terms 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
approvals shall be submitted to COUNTY upon request.
Section 7. NOTICES
Any notice required or permitted under this agreement shall be in writing and hand delivered or
mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the
following:
Page 3 of 23
To the COUNTY: COUNTY Administrator, Mr. Roman Gastesi
1100 Simonton Street, Suite 205
Key West, Florida 33040
To the CONSULTANT: Erin L. Deady, P.A.
1111 Hypoluxo Road, Suite 207
Lantana, FL 33462.
Section 8. RECORDS
CONSULTANT shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their authorized representatives shall have
reasonable and timely access to such records of each other party to this Agreement for public
records purposes during the term of the agreement and for five (5) years following the
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 F.S., running from the date the monies were paid to
CONSULTANT.
Section 9. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020-
1990
The CONSULTANT warrants that it has not employed, retained or otherwise had act on its
behalf any former COUNTY officer or employee subject to the prohibition of Section 2 of
Ordinance No. 010-1990 or any COUNTY officer or employee in violation of Section 3 of
Ordinance No. 020-1990. For breach or violation of this provision the COUNTY may, in its
discretion, terminate this agreement without liability and may also, in its discretion, deduct from
the agreement or purchase price, or otherwise recover the full amount of any fee, commission,
percentage, gift, or consideration paid to the former COUNTY officer or employee.
Section 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 vendor list following a conviction for
public entity crime may not submit a bid on a Agreement with a public entity for the construction
or repair of a public building or public work, may not perform work as a CONSULTANT,
supplier, SUB CONSULTANT, or CONSULTANT under Agreement with any public entity, and
may not transact business with any public entity in excess of the threshold amount provided in
Section 287.017 of the Florida Statutes, for 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 of the 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 of the 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 13. 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 fast meet and confer session, then any
party shall have the right to seek such relief or remedy as may be provided by this Agreement or
by Florida law. This Agreement shall not be 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 participate, to the extent required by the other party, in all proceedings, hearings,
processes, meetings, and other activities related to the substance of this Agreement or provision
of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no
party to this 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
discrimination has occurred, this Agreement automatically terminates without any further action
on the part of any party, effective the date of the court order. COUNTY or 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 USC ss. 6101-6107) which prohibits discrimination on the basis of
age; The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; The Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism; The Public Health
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patent records; Title VIII of the Civil Rights Act of
1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or
financing of housing; The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as
may be amended from time to time, relating to nondiscrimination on the basis of disability; Any
other nondiscrimination provisions in any Federal or state statutes which may apply to the parties
to, or the subject matter of, this Agreement.
Section 19. COVENANT OF NO INTEREST
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; misuse of public position, conflicting
employment or contractual relationship; and disclosure or use of certain information.
Section 21. NO SOLICITATION/PAYMENT
The COUNTY and CONSULTANT warrant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fide employee working solely for it, to solicit
or secure this Agreement and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for it, any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from the award
or making of this Agreement. For the breach or violation of the provision, the CONSULTANT
agrees that the COUNTY shall have the right to terminate this Agreement without liability and,
at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
Section 22. PUBLIC ACCESS
The COUNTY and CONSULTANT shall allow and permit reasonable access to, and inspection
of, all documents, papers, Ietters or other materials in its possession or under its control subject
to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and
CONSULTANT in conjunction with this Agreement; and the COUNTY shall have the right to
unilaterally cancel this Agreement upon violation of this provision by CONSULTANT.
Section 23. NON -WAIVER OF IlVIlI MTY
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 IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules
and pensions and relief, disability, workers' compensation, and other benefits which apply to the
activity of officers, agents, or employees of any public agents or employees of the COUNTY,
when performing their respective functions under this Agreement within the territorial limits of
Page 7 of 23
the COUNTY shall apply to the same degree and extent to the performance of such functions and
duties of such officers, agents, volunteers, or employees outside the territorial limits of the
COUNTY.
Section 25. LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor
shall it be construed as, relieving any participating entity from any obligation or responsibility
imposed upon the entity by law except to the extent of actual and timely performance thereof by
any participating entity, in which case the performance may be offered in satisfaction of the
obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed
as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to
the extent permitted by the Florida constitution, state statute, and case Iaw.
Section 26. NON -RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to
enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the COUNTY and the CONSULTANT agree that neither
the COUNTY nor the CONSULTANT or any agent, officer, or employee of either shall have the
authority to inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement separate and
apart, inferior to, or superior to the community in general or for the purposes contemplated in
this Agreement.
Section 27. ATTESTATIONS
CONSULTANT agrees to execute such documents as the COUNTY may reasonably require,
including, but not being limited to, a Public Entity Crime Statement, an Ethics Statement, and a
Drug -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 employee of Monroe COUNTY in his or her individual capacity,
and no member, officer, agent or employee of Monroe COUNTY shall be Iiable personally 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 instrument and any
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 in the 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 are made part of this contract.
The CONSULTANT will ensure that the insurance obtained will extend protection to all
SUBCONSULTANTs 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 copy of 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.
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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.
31.2 Insurance Requirements
Prior to the commencement of work governed by this contract, the CONSULTANT shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract
and include, as a minimum:
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 are provided, the minimum limits acceptable shall be:
$250,000 per Person
$500,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form 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 a 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.
31.3 Vehicle Liability Insurance requirements
Recognizing that the work governed 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 policies issued to 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 Iimits of not
less than:
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$500,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract. Coverage shall be
provided by a company or companies authorized to transact business in the state of Florida.
31.5 Professional Liability Requirements
Recognizing that the work governed by this contract involves the furnishing of advice or services
of a professional nature, the CONSULTANT shall purchase and -maintain, throughout the life of
the contract, Professional Liability Insurance which will respond to damages resulting from any
claim arising out of the performance of professional services or any error or omission of the
CONSULTANT arising out of work governed by this contract.
The minimum limits of liability shall be$ 500,000 per occurrence/$1,000,000 Aggregate.
Section 32. INDEMNIFICATION
The CONSULTANT 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 caused by 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 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 an employee of the Board of COUNTY Commissioners. No statement
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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
Commissioners for Monroe COUNTY. As an independent CONSULTANT the CONSULTANT
shall provide independent, professional judgment and comply with all federal, state, and local
statutes, ordinances, rules and regulations applicable to the services to be provided.
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 cost of the work necessary to correct those errors attributable to the CONSULTANT and
any damage incurred by the COUNTY as a 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
complete the work schedule. Such an agreement shall be made between the parties.
IN WITNESS WHEREOF, the parties hereto have caused these present to be executed on the
da of 2013.
fi�SAL) MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
Atest �', -may Heavilin, CLERK
OFIMONAOE COUNTY, FLORIDA
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By By:
Deputy Cler c Mayor Murphy
(CORPORATE SEAL)
ATTEST.
ERIN L. DEADY, P.A.
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By By:
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Title: �r�
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EXIFIIBIT A
STATEMENT OF WORK
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Monroe COUNTY, with is 100 plus miles of low lying islands, has very unique attributes
making it extremely vulnerable 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 and geography. With its vulnerable habitat and economic dependence on
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 ("GHG") attributable to energy use and preparing for the gradual, but accelerating,
impacts of climate change, the COUNTY is proactively taking action. Because of its unique
natural and 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.
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 policy structure, which will
then serve as the "blueprint" for taking conceptual item to action items.
The purpose of the COUNTY's Sustainability program is to create an open, transparent and
participatory dialogue 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 all 'impacts 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 harmonizing 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 sea level 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,
providing a blueprint for the COUNTY (internally) and community (externally) to become
more sustainable, energy efficient, and resilient to climate vulnerabilities.
EL ViAOn
The vision 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
resiliency threats;
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
health;
D. Provide a timeline for the SAP's implementation; and
E. Define an Implementation Section for turning the Plan into action and transparently
tracking and reporting progress toward its goals, including funding.
Implementation of a SAP shall be mindful 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's EECBG grant. The
COUNTY has already completed many efforts to collect data and take steps toward becoming
a more sustainable organization and serve as a model for similar efforts with other agencies
and the community. This work is in addition to the inclusion of energy and climate goals,
objectives and policies in the 2010 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.
III, Pwvoso
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 for 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 a tangible 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) Model the effects of SLR on the community and the COUNTY; and
5) Educate and inform the community.
1Y. Project Descriptiaox: The primary project objectives are to:
a. Provide a long term blueprint for public and private sector decision --making
that substantially advances the COUNTY in its pursuit of holistic sustainability
and quality of life; and
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b. Develop options for SLR scenarios and G H G reduction targets,
Assumptions will be determined based on data developed by the COUNTY, new
data and shall coincide with its long range planning process; and
c. The resulting S A P s h a 11 be a collective list of a v i s i o n
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 Components. Tho CONNULTANF shad build upon -the COUNTTs previovA
data collection efforts. -
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 departments 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 shall conduct various SLR modeling efforts in conjunction
with this effort.
c- 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
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2. Energy and resource efficient land 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 emissions and supports energy efficient land use patterns; and energy
efficient traffic control.
4. Potential for renewable power generation and energy 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. Natural resources conservation that affects energy and water conservation 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.
11. 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 Change 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 shall provide services including the tasks identified below:
1. Collection and updating of GHG data
2. Analysis and development of performance measures
2. Collaboration with COUNTY staff and stakeholders
3. Graphic and website design
4. Development of tools to monitor/evaluate progress and goals
5. SLR Model runs
6. Solicitation of public input
7. Public meeting presentations as defined by the Tasks and Deliverables
8. Coordination with other community organizers
9. Development of a premier SAP specifically suited to meet the needs of the Florida Keys and
Monroe County
VEL Tasks:
The Tasks are as follows:
Task 1.0: ' -Off M & COUNTY
a. Kick --off meeting within first month of contract initiation
b. Minimum of at least bi-monthly calls with Project Manager
C. Board of COUNTY Commissioners Workshops on SAP
d. One-on-one meetings with COUNTY Project Manager and Commissioners (2)
on SAP
e. 2 Director's meetings
Task 2.0: Communications S. atet
a. 1 Brainstorming Session on Communications Strategy
b. Communications Strategy including approach to branding, web and Public
Outreach Strategies
C. Draft branding and web materials
d. Final branding and web materials
Task 3.0: Bg§cline AssesMRCMEIM Analys'
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 and needed data
a. Energy and GHG Reduction Strategy Identification/Quantification (utilize
existing energy data and projects identified)
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b. Update of Municipal Greenhouse Gas Inventory (2010)
C. Analysis of Community Scale Emissions and Target Setting
d. Energy and Emissions Forecasting Analysis
e. Final energy analysis with specific projects, milestones and projected savings
f. Presentation to BOCC for Targets and Forecasting
In these preceding Tasks, sustainabiiity 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 5.0: Mc deBng Deliverables
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 with COUNTY staff.
d. Run the COAST software to produce 3D visualizations of avoided costs for
assets and SIR and storm surge thresholds stakeholders have identified.
C. Present no -action results to COUNTY staff via webinar, 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.
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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 that stakeholders 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 finance possibilities.
M. Assemble project steering and technical review sub -groups that will oversee and
provide peer commentary on all 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 road 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 stonn 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 for future 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
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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 6.0:_Goal Devel9pm= and Prioritization
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, Middle & 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 specific 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 7.4: S== Dev Performance M
a. Develop strategies to meet goals
b. Review and analyze performance measures
C. Develop monitoring system
Task 8 0: :D1M=tixm PIM Milestones and Sshed
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. Review funding 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 9.0: Final Elan Dev
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 shaft Sustainability Action Plan
f. Second Draft of Sustainability Action Plan
g. Integrate Modeling Results into Sustainability Action Plan
h. Public Workshop on SAP
i. Final SAP
j. Placement of SAP on website
Plan Implementation, will addresses the policies and measures in the SAP. The Team will
analyze financing strategies, grants and ways to implement the SAP by incorporating its
recommendations into existing policy structures such as the capital improvements planning
process, the Comprehensive Plan and Code of Ordinances. In this way, many
recommendations can hopefully be implemented with little or no new cost to the COUNTY.
Tasks will also involve monitoring and verifying progress, which is an ongoing process
beyond this scope of work including annually reporting on implementation progress and
monitoring the overall sustainability of the jurisdiction using the indicators identified.
Page 22 of 23
EXHIBIT B
DELIVERABLE SCHEDULE
Page 23 of 23
O IIBIT B - DELIVERABLE AND PAYMENT SCHEDULE
Tasks
Deliverables
Targeted Date
Quantity
PAYMENT
Task 1.0. Kick -Off Meeting d� Ongoing Con coordination
a
Kick-off meeting within first month of contract initiation
20-Dec-13
I
$1,500
b.
Minimum of at least bi-monthly calls with Project Manager as needed
1st and 3rd week of month
24
$2,400
sc.
Board of County Commissioners Workshops on.SAP
After Draft -Goal Report.(3ur
2
$1,600
and After Dr -aft SAP NvveT!!q
d.
One on one meetings with County PM and Commissioners (2) on SAP
1st quarter and last quarter o'
_- .......J
10
$1,900
e.
2 Director's meetings
Ist quarter and last quarter o-
2
$850
^— -----
ITasrk 2 O: Communwadom Stir
a.
1 Brainstorming Session on Communications Strategy
20-Jan-14
1
$1,400
b.
Communications Strategy including approach to branding, web and Public
Outreach Strategies
20-Feb-14
1
$2,900
C.
Draft branding and web materials
20-May-14
1
$3,400
d.
Final branding and web materials
20-Jul-14
1
$1,000
a. Identification of data sources (Baseline assessment of data including habitat,
L.IDAR, land use, energy data, greenhouse data, etc.) 20-Dec-14 $2,050
b. Identification of data needs (Gap Analysis) 14-Jan-14 $1,800
e. Final Data Report of existing data and needed data 20 Ian-14 I $1,800
a. Energy and GHG Reduction Strategy ldcntification/Quantification (utilize
existing energy data and projects identified) 14-Mar-14
b. Update of Municipal Greenhouse Gas Inventory (2010) 14-Feb-14
C. Analysis of Community Scale Emissions and Target Setting 28 Feb-14
d. Energy and Emissions Forecasting Analysis 28-Feb-14
e. Final energy analysis with specific projects, milestones and projected savings 29-Aug-14
$4,000
$5,200
$2,200
$000
1 $1,700
_ f. Prascr" on to 80CC for `['argots i Fii> c sting
28-Mar 14
$4 000
COAST a. With County staff, determine the specific location for community -based use
15-Dec-14
1
of the COAST model. Team development for outreach and logistics.
$400
b. Working with County staff and/or other extension groups that will be the
31-Jan-14
1
outreach and coordination Ieads, support organization of initial public meeting.
$400
C. Run a day -long public meeting to parameterize no -action COAST iterations.
28-Feb-14
1
Confirm inputs with County staff.
$3,000
d. Run the COAST software to produce 3D visualizations of avoided costs for
7-Apr-14
1
assets and SLR and storm surge thresholds stakeholders have identified.
$6,000
Page 1
SEAGRANT
EXHIBIT B - DELIVERABLE AND PAYMENT SCHEDULE
e. 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 public meeting.
1. Preparefinal report to the County with 31) maps and cumulative expected
damage tables evaluating costs and benefits for the no -action scenarios and for
adaptation -action scenarios that stakeholders 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 finance possibilities.
a. Assemble project steering and technical review sub -groups that will oversee and
provide peer commentary on all project modeling aspects
b. Assemble, review, and synthesize existing sea level rise vulnerability data Iayers
and assessments as conducted by Monroe County, South Florida Water
Management District, and the Southeast Florida Regional Climate Change
Compact.
15-Oct-14
10/31/2014 for penultimate
draft to County; comments
back from County by
10114, final draft
submitted to County by
11/14114.
31 Jan-l4
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
$500
$500
$3,000
1
$6,000
1
$500
$500
1 $3,000
$5,000
$1,000
$3,000
$3,250
Page 2
EXHIBIT B - DELIVERABLE AND PAYMENT SCHEDULE
d. Develop visualizations and general assessments of sea level rise vulnerabilities
for Munroe County using the Nature Conservancy's Coastal Resilience 2.0 Tool,
the Florida Department of Transportation's Sea Ievel Rise Sketch Tool, and custom
GIS assessments. 31-Mar-14
e. Intersect outputs of road segments identified as vulnerable to I 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 -term adaptation actions, data needs and
development, and policy tools for future adaptation planning cycles. 31 3u1-14
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 governments (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 Technical Workshops
a. Review of existing sustainability and climate initiatives and memorandum on
same
b. Integration of existing initiatives into STAR Index (includes I 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, Middle & Upper Keys (3)
Ongoing
January - May
May -July
14-Jan-14
14-Mar-14
31-Jul-14
7-Jul-14
31-Jul-14
July 25-30
1
1
I
1
3
$5,000
$10,000
$10,000
$12,500
$7,500
$2,000
$6,510
$3,000
$2,000
$2,000
$3,000
$5,300
$1,500
$700
$700
$2.600
Page 3