Item O7 0.7
� � �, BOARD OF COUNTY COMMISSIONERS
County of Monroe � ��r�i
�r � s�� Mayor Heather Carruthers,District 3
The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2
Craig Cates,District 1
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
April 15, 2020
Agenda Item Number: 0.7
Agenda Item Summary #6699
BULK ITEM: Yes DEPARTMENT: Sustainability
TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305) 453-8774
None
AGENDA ITEM WORDING: Approval to enter into Amendment No. 1 to an interlocal
agreement with Broward County for financial support to the Southeast Florida Regional Climate
Change Compact to increase the amount from $50,000 to $75,000 for year three, totaling $175,000
over 3 years; and to authorize Office of County Attorney to make minor non-substantive edits to the
subject agreement with review and approval as to form, in case minor edits or clarifications become
necessary.
ITEM BACKGROUND: This item is to authorize an Amendment No. 1 to the Interlocal
Agreement between Broward, Palm Beach, Miami-Dade, and Monroe Counties for cost share
support of services for the Southeast Florida Regional Climate Change Compact (Compact), and
contract management by Broward County. The original contribution of $150,000 per County over
the three-year period has been increased to $175,000, with the $25,000 increase occurring in this
final year three.
Summary Explanation/Background
This amendment allows for the four Compact Counties to pool $175,000 each in funds over three
years to support the continued engagement of the Institute for Sustainable Communities (ISC) in
facilitating and coordinating Compact activities, and for Broward County to act on behalf of all the
Compact Counties in contracting with ISC for these services.
The success of the Southeast Florida Regional Climate Change Compact has been underpinned
since its inception by the coordination and facilitation services provided by the Institute for
Sustainable Communities and/or staff currently employed by ISC. These efforts have included
coordinating and facilitating meetings of the Compact Staff Steering Committee and workshops with
stakeholders; preparing a four-county regional greenhouse gas emissions inventory and assessment;
participating in the planning and execution of each of the seven annual Regional Climate Leadership
Summits convened to date; creating and managing the Compact website; developing the Regional
Climate Action Plan (RCAP); coordinating the RCAP implementation workshops; writing and
editing grant proposals; conducting a municipal implementation survey; facilitating communication
Packet Pg. 2382
0.7
among Compact partners; providing a webinar platform for Compact use, providing remote and on-
site support for various Compact activities, and participating in many other activities.
Broward County continues to serve as the fiscal agent for the other three Compact counties to
contract with ISC from the appropriated funds described above.
PREVIOUS RELEVANT BOCC ACTION:
January 20, 2010: BOCC approved the Southeast Florida Regional Climate Compact by Resolution
022-2010.
June 15, 2016: Approval to enter into an interlocal agreement with Broward County to provide two
years of financial support to the Southeast Florida Regional Climate Change Compact in an amount
of$100,000.
March 21, 2018: Approval to enter into an interlocal agreement with Broward County to provide
three years of financial support to the Southeast Florida Regional Climate Change Compact in an
amount of$50,000 per year, totaling $150,000 over 3 years; and to authorize Office of County
Attorney to make minor non-substantive edits to the subject agreement with review and approval as
to form, in case minor edits or clarifications become necessary.
CONTRACT/AGREEMENT CHANGES:
Increase in Year Three Funding
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Compact ILA Amendment 1
03/31/2018 Agreement
FINANCIAL IMPACT:
Effective Date: March 1, 2020 Expiration Date: February 28, 2021
Total Dollar Value of Contract: $700,000 (Includes contributions from all 4 counties)
Total Cost to County: $175,000 Current Year Portion: $ 75,000
Budgeted: Yes Source of Funds: Sustainability
CPI: No Indirect Costs: No
Estimated Ongoing Costs Not Included in above dollar amounts: Staff Time for Support of
Compact Activities
Revenue Producing: No If yes, amount:
Grant: No County Match: N/A
Insurance Required: No
Additional Details:
Packet Pg. 2383
0.7
03/20/19 001-05008 - SUSTAINABILITY $75,000.00
SE FL Climate Change Compact Support
REVIEWED BY:
Rhonda Haag Completed 03/04/2020 3:28 PM
Pedro Mercado Completed 03/31/2020 7:59 AM
Budget and Finance Completed 03/31/2020 8:24 AM
Maria Slavik Completed 03/31/2020 8:24 AM
Kathy Peters Completed 03/31/2020 12:11 PM
Board of County Commissioners Pending 04/15/2020 9:00 AM
Packet Pg. 2384
0.7.a
FIRST AMENDMENT TO INTERLOCAL AGREEMENT AMONG BROWARD
COUNTY, MIAMI-DADE COUNTY, MONROE COUNTY, AND PALM BEACH
COUNTY FOR COST SHARE SUPPORT OF SERVICES FOR THE SOUTHEAST
FLORIDA REGIONAL CLIMATE CHANGE COMPACT
0
0.
This is a First Amendment("First Amendment")to the agreement among the counties of Broward,
Miami-Dade, Monroe, and Palm Beach, political subdivisions of the State of Florida, for cost-
share support services for the Southeast Florida Regional Climate Change Compact ("Interlocal
Agreement"). The counties are collectively referred to as the "Parties," and, when excluding
Broward, the"Contributing Counties." c
Recitals
A. The Parties entered into the Interlocal Agreement on July 18, 2018, and agreed to share the
costs associated with the Institute for Sustainable Communities' ("ISC") coordination and
facilitation of services for the Southeast Florida Regional Climate Change Compact.
0
U
B. The Parties desire to increase their respective 2020 calendar year contributions to Eighteen
Thousand Seven Hundred Fifty Dollars ($18,750) per quarter for a total payment of
Seventy Five Thousand Dollars ($75,000) in 2020 by each of the Parties and a total not-to- c
0
exceed amount of One Hundred Seventy Five Thousand Dollars ($175,000) by each of the
Parties.
C. The Parties agree that it would be beneficial to have a more formal Compact Leadership
Committee tasked with providing unified advice and recommendations to the Parties'
governing bodies with respect to climate change and resilience issues.
D. The Parties desire to update the contact information for Palm Beach County. a
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties agree as follows:
l. Section 1.6 of the Interlocal Agreement is hereby created as follows:
1.6 Compact Leadership Committee. Each Party agrees to participate in a four-County
Compact Leadership Committee, which will provide formal, unified advice and
recommendations on climate change and resilience issues to the Parties' governing
bodies. Each Party will select one representative to serve on the Compact
Leadership Committee, which representative must have experience and knowledge c
U
in the area of resilience and climate change and must have a leadership position
related to the area of resilience and climate change in the respective County's
government. Each Party may designate an alternate to the Compact Leadership
Committee, but such alternate must meet the same qualifications as each Party's
representative. The initial representatives from each County are:
• The Chief Resilience Officer of Broward County.
1 of 11
Packet Pg. 2385
0.7.a
• The Deputy Resilience Officer of Miami-Dade County.
• The Sustainability and Projects Director of Monroe County.
• The Director of the Office of Resilience of Palm Beach County.
The Compact Leadership Committee will seek input from stakeholders and
technical and scientific experts, and it may invite and hear from experts and
representatives of other local governments and stakeholders, including but not
limited to local municipalities, the South Florida Water Management District, the
Florida Climate Institute,The Nature Conservancy, and the South Florida Regional
Planning Council.
The Compact Leadership Committee will serve in an advisory capacity to the
Parties' governing bodies and lacks the power or authority to commit the Parties
or any of their agencies or instrumentalities to any policies, incur any financial
obligations, or to create any liability, contractual or otherwise, on behalf of the
Parties or any of their agencies or instrumentalities.
All proceedings of the Compact Leadership Committee must be conducted in
accordance with the Government in the Sunshine Law, § 286.011, F.S., and the c
Florida Public Records Act, Ch. 119, F.S. Members of the Compact Leadership ca
Committee must also comply with all applicable ethics laws. Three members of
the Compact Leadership Committee constitute a quorum. The Compact Leadership
Committee will hold regular meetings and will aim to meet at least once a month.
The Compact Leadership Committee may create its own rules of procedure, as
needed, provided that such rules are consistent with this Agreement and applicable
laws.
2. Section 2.1 of the Interlocal Agreement is hereby replaced in its entirety as follows:
2.1 Upon receipt of an invoice from Broward, the Contributing Counties agree to each
remit up to $175,000 to Broward as their respective share of costs. Broward will
use any funds remitted from the Contributing Counties to fulfill any payment
obligations under the agreement between Broward County and the Institute for
Sustainable Communities for Coordination and Facilitation Services for the
Southeast Florida Regional Climate Change Compact. Broward agrees to also
remit up to $175,000 to ISC and, on behalf of the Parties, to retain and supervise
ISC's performance of the ISC Scope of Services, attached as Exhibit A. All Parties
agree to contribute equal amounts, within the dollar limits of this Agreement.
0
. Section 4.1 of the Interlocal Agreement is hereby amended to read as follows:
4.1 For the Term, Contributing Counties will pay Broward up to a maximum amount
as follows:
.....- ._ ........................
_...
Services/Goods Not-To-Exceed Amount
Miami-Dade $175,000
2of11
Packet P0. 2386
0.7.a
Monroe , $175�000
Palm Beach &4-50-,M$175,000
TOTAL NOT TO EXCEED , $525,000
3. Section 4.2.2 of the Interlocal Agreement is hereby amended to read as follows:
4.2.2 Broward may invoice each of the Contributing Counties in the amounts set forth as
follows:
2018: Calendar Quarter 2 $25,000 for services provided by ISC in Calendar
Quarters 1 and 2
2018: Calendar Quarter 3 $12,500
2018: Calendar Quarter 4 $12,500
0
2019: Calendar Quarter 1 $12,500
2019: Calendar Quarter 2 $12,500
2019: Calendar Quarter 3 $12,500
2019: Calendar Quarter 4 $12,500
0
2020: Calendar Quarter 1 $18,750
2020: Calendar Quarter 2 $12,500 $18 750
2020: Calendar Quarter 3 $18,750
2020: Calendar Quarter 4 &k'L14W$18,750
0
4. Section 9.7 of the Interlocal Agreement is hereby replaced in its entirety as follows:
9.7 Notices. For a notice to a party to be effective under this Agreement, notice must
be sent via U.S. first-class mail with a contemporaneous copy via e-mail to the
addresses listed below. Notice will be effective upon mailing. The addresses for W
notice will remain as set forth herein unless and until changed by providing notice
of such change in accordance with the provisions of this section.
FOR BROARD:
Broward County Environmental Planning and Community Resilience Division
Attn: Jennifer Jurado, PhD, Director and Chief Resilience Officer
Governmental Center, Room 329
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Email address:jjurado@broward.org
FOR MIAMI-DADE: E
Miami-Dade Office of Resilience, Regulatory & Economic Resources Department
Attn: James F. Murley, Chief Resilience Officer
Stephen P. Clark Center
111 NW 1st Street, 12th Floor
Miami, Florida 33128
3ofII
Packet Pg. 2387
0.7.a
Email address: MURLEYJ@miaidade.gov
FOR MONROE:
Monroe County Administration
Attn: Rhonda Haag, Sustainability and Projects Director
102050 Overseas Highway, Ste. 246
Key Largo, FL 33037
Email address: Haag- onda@MonroeCounty-FL.Gov
FOR PALM BEACH:
Palm Beach County Office of Resilience
Attn: Megan Houston, Director
2300 North Jog Road, 4th Floor
West Palm Beach, FL 33411
Email address: SHouston@pbcgov.org
5. "Exhibit A— ISC Scope of Services" of the Interlocal Agreement is hereby replaced with
"Amended Exhibit A—Scope of Services," attached hereto and made a part hereof
0
6. Except as amended herein, all other terms and conditions of the Interlocal Agreement ca
remain in full force and effect.
7. In the event of any conflict or ambiguity between the terms and provisions of this First _
Amendment and the Interlocal Agreement, the terms and provisions of this First Amendment will c
control to the extent of any such conflict or ambiguity.
[Remainder of page intentionally left blank]
c
0
c
4ofII
Packet Pg. 2388
0.7.a
IN WITNESS WHEREOF, the Parties hereto have made and executed this First
Amendment to the Interlocal Agreement Among Broward County, Miami-Dade County, Monroe
County, and Palm Beach County for Cost Share Support of Services for the Southeast Florida
Regional Climate Change Compact: BROWARD COUNTY through its BOARD OF COUNTY
COMMISSIONERS,signing by and through its Mayor or Vice-Mayor,authorized to execute same
by Board action on the day of , 20®, and Contributing Counties,
signing by and through their officials, duly authorized to execute same.
e
BROWARD
0
ATTEST: BROWARD COUNTY, by and through
its Board of County Commissioners
By:
Broward County Administrator, as
ex officio Clerk of the Broward County day of , 20
Board of County Commissioners
Approved as to form by
Andrew J. Meyers P
Broward County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600 e
Telecopier: (954) 357-7641
By: F_
Rocio Blanco Garcia (Date)
Assistant County Attorney
By: E
aite Azcoitia (Date)
Deputy County Attorney
e
0
e
5ofII
Packet Pg. 2389
0.7.a
FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT AMONG BROWARD
COUNTY, MIAMI-DADE COUNTY, MONROE COUNTY,AND PALM BEACH
COUNTY FOR COST SHARE SUPPORT OF SERVICES FOR THE SOUTHEAST
FLORIDA REGIONAL CLIMATE CHANGE COMPACT
0
MIAMI-DADE
WITNESSES: MIAMI-DADE COUNTY
0
By.
Signature Authorized Signor
0
Print Name of Witness above Print Name and Title
day of , 20
Signature
0
ATTEST: ca
.........._.._
Print Name of Witness above
Corporate Secretary or other person
authorized to attest c
(CORPORATE SEAL OR NOTARY)
0
6of11
Packet Pg. 2390
0.7.a
FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT AMONG BROWARD
COUNTY, MIA I-DADE COUNTY, MONROE COUNTY, AND PALM BEACH
COUNTY FOR COST SHARE SUPPORT OF SERVICES FOR THE SOUTHEAST
FLORIDA REGIONAL CLIMATE CHANGE COMPACT
0
MONROE
WITNESSES: MONROE COUNTY
0
By ............................................_ . .
Signature Authorized Signor
0
Print Name of Witness above Print Name and Title
_._.............._.._._._._. day of 120
Signature
0
ATTEST:
ca
Print Name of Witness above
Corporate Secretary or other person
authorized to attest
(CORPORATE SEAL OR NOTARY)
E
E _ A RNEY
P � �
PEDRO .M
ASSISTANT ATTO EY
Dade
0
7ofll
Packet Pg. 2391
0.7.a
FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT AMONG BROWARD
COUNTY, MIAMI-DADE COUNTY, MONROE COUNTY,AND PALM BEACH
COUNTY FOR COST SHARE SUPPORT OF SERVICES FOR THE SOUTHEAST
FLORIDA REGIONAL CLIMATE CHANGE COMPACT
0
PALM BEACH
WITNESSES: PALM BEACH COUNTY
0
By: _______________ _
Signature Mayor
0
Print Name of Witness above Print Name
0
day of , 20 ca
Signature
0
ca
Print Name of Witness above _
ATTEST:
Sharon R. Bock
Clerk and Comptroller
Approved as to Form and Legal Sufficiency By:_
By: Deputy Cleric
County Attorney
(CORPORATE SEAL OR NOTARY) W
APPROVED AS TO TERMS
AND CONDITIONS E
By
Department Director
0
8 of 11
Packet Pg. 2392
0.7.a
Amended Exhibit A—Scope of Services
Support for the Southeast Florida Regional Climate Change Compact
Statement of Work for 2018—2020
0
During the contracted period, the Institute for Sustainable Communities ("ISC") must provide a
level of effort and time per year that will not be less than the equivalent of two and a half(2.5)
full-time employees.This level of effort will combine the time and expertise of ISC staff to provide
services to the South Florida Regional Climate Change Compact("Climate Compact"), including
governance process facilitation and support, strategic and technical assistance, communications c
U
delivery and support, and assistance in identifying additional financial resources from federal,
state, and private philanthropic sources to support the growth and expansion of Compact service
delivery. With respect to the Compact Leadership Committee, as well as working groups and
advisory groups, ISC must conduct all tasks in accordance with the Sunshine Law, the Public
Records Act, and all other applicable law. The details of the services ISC must perform are
articulated in the tasks and deliverables set forth below.
0
Task 1: Provide Secretariat Services for the Climate Compact
0
Task 1.1. Compact Leadership Committee Meeting Support CO
Representative tasks include: Coordinating a minimum of monthly meetings of the Compact
Leadership Committee and providing meeting support, identifying key strategic and management
issues for the ongoing success of the Climate Compact;developing meeting agendas in partnership
with the Compact Leadership Committee and chairperson, as appropriate; compiling hot topics for
discussion with the Climate Compact; facilitating communications by Climate Compact partners;
assembling requests for Climate Compact support and engagement; and conducting tasks in
accordance with all applicable laws.
Task 1.2: Biannual (2x annually) Climate Compact Retreats W
Representative tasks include: Identifying key strategic and management issues for the ongoing
success of the Climate Compact; providing strategic advice to the Compact Leadership Committee
and associated resilience staff from the Parties; developing the retreat agenda with input by
Compact Leadership Committee and resilience staff from the Parties; conducting the retreat in
accordance with all applicable laws, and paying for various retreat-related expenses, including
venue and audiovisual equipment costs, if applicable, ISC staff travel costs, breakfast and lunch,
printing, and other miscellaneous costs.
e
Task 1.3: General Climate Compact Support—Priority Tasks
Representative tasks include: Providing support on short and longer-term tasks as prioritized and
assigned by the Compact Leadership Committee or the Contract Administrator, as appropriate, on
an annual basis with the ability to make adjustments on a quarterly basis as issues, challenges, and 0)
opportunities arise in furthering the interests of the Climate Compact partners; developing an e
annual Climate Compact work plan in collaboration with the Climate Compact Leadership
Committee and the Contract Administrator, as appropriate, to guide Climate Compact's annual
work priorities and deliverables; maintaining a timeline; and developing processes to achieve
deliverables.
9of11
Packet Pg. 2393
0.7.a
Task IA: Annual Regional Climate Leadership Summit("Summit") Support
Representative tasks include: Participating on Summit planning team calls; assisting with the
development of Summit themes, panels, and deliverables; assisting with the identification and
engagement of speakers for the Summit; traveling to and participating in the Summit.
Task 1.5: General Fundraising Support
Representative tasks include: Identifying new grant resources for the Climate Compact (federal,
state, or private philanthropy) and coordinating the development of proposals and budgets in
partnership with the Compact Leadership Committee and Contract Administrator, as appropriate.
Task 1.6: Climate Compact Working Group Coordination and Support
Representative tasks include: Identifying key issues and annual priorities in collaboration with
working groups; developing agendas for participants; scheduling meetings and, upon request,
providing facilitation during the meetings;taking meeting notes, and tracking action items through
completion; providing research, analysis, and specific Climate Compact-branded guidance
products, tools, and reports, as requested by the working groups; and conducting all tasks in U
compliance with all applicable laws.
0
Task 2: Provide implementation support for the Regional Climate Action Plan ("RCAP") CO
Task 2.1: RCAP Implementation Workshops (three per year)
Representative tasks include: Designing the workshop and agenda; managing logistics; and
producing the guidance materials from the RCAP for the Climate Compact website. ISC must pay
for all workshop event costs, including ISC staff travel costs, venue, audiovisual equipment,
catering, printing, and other miscellaneous costs.
Task 2.2: Conduct a regional Greenhouse Gas Inventory
Representative tasks include: Developing inventory scope in collaboration with guidance from the W
Climate Compact Leadership Committee and Contract Administrator, as appropriate; obtaining
data from all relevant sources across the region;analyzing data;writing,formatting,and publishing
a report.
Task 2.3: Sea Level Rise ("SLR") Ad Hoc Technical Advisory Group Coordination and
Support
Representative tasks include: Developing and administering SLR projection survey; synthesizing
and reporting on survey data; developing agendas; scheduling meetings and, upon request,
providing facilitation; taking meeting minutes, and tracking action items through completion;
providing research to support group activity, as requested by the SLR Ad Hoc Technical Advisory
Group, resilience staff from the Parties, and the Contract Administrator, as appropriate; and
conducting all meetings in accordance with applicable law.
e
10 of 11
Packet Pg. 2394
0.7.a
Task 3: Climate Compact Communications Support
Task 3.1: Climate Compact Website and Climate Compact Currents
Representative tasks include: Providing ongoing support and maintenance to the Climate Compact
website; developing new content and pages on the Climate Compact site; developing and
delivering the Climate Compact's quarterly e-newsletter.
Task 3.2: Press/Media Relations and External Inquiries Support
Representative tasks include: Fielding and responding to media requests on behalf of the Climate
Compact when appropriate; directing reporters to relevant Compact Leadership Committee o
members or Parties' resilience staff; speaking to reporters on background; developing talking
points for Climate Parties with press; tracking all relevant press; and responding to Climate
Compact email inquiries, as requested by resilience staff from the Parties and the Contract
Administrator, as appropriate.
Task 3.3: CIiate Compact Communication Collateral Development and Maintenance
Representative tasks include: Developing and updating template Climate Compact presentations U
for each Party's use; developing and updating Climate Compact fact sheet and other
communication pieces as requested by the Parties, or as required by the circumstances. o
ca
Deliverables _
ISC must provide a quarterly narrative report detailing activities across these three key tasks,
including an ISC accounting of staff time and expenses for review and approval by the Contract
Administrator.
Personnel and Fringe Benefits—salaries are budgeted as gross wages and reflect current or
comparable rates from ISC's current projects. ISC fringe benefits are based on each employee's
salary, timesheet allocations, and its Negotiated Indirect Cost Rate Agreement ("NICRA")
(included as Attachment A), which is approved by United States Agency for International W
Development, ISC's cognizant audit agency.
Travel—ISC requires travelers to take reasonable steps to lower travel costs and air travel is based E
on economy or coach class fares. ISC pays for actual hotel costs and provides per diem rates for
meals and incidental expenses that do not exceed US (government rates.
Other Direct Costs—ISC's estimates include communication and photocopying expenses and a
portion of ISC's A-133 audit expense. These expenses have been budgeted for this program based
on ISC's overall program cost and budget.
0
U
Indirect Costs—ISC's indirect cost calculation methodology uses a modified total direct cost base
consisting of total direct costs, less grant agreement amounts that exceed $25,000. ISC's NICRA
is currently 28 percent of its modified total direct cost base. c
11 of 11
Packet Pg. 2395
° Kevin Madok, CPA
t
o Clerk of the Circuit Court&Comptroller—Monroe County, Florida
DATE: April 9, 2018
TO: Rhonda Haag, Director
Sustainability
THRU: Lindsey Ballard
Aide to the County Administrator
0
FROM: Pamela G. Hanco .C.
SUBJECT: March 21"BOCC Meetings
0
Attached is a duplicate original of Item Q3, Interlocal Agreement with Broward County
to provide three years of financial support to the Southeast Florida Regional Climate Change
Compact in an amount of.$50,000.00 per year,totaling$150,000.00 over 3 years. Also attached
are four additional signature pages for Monroe County.
0
Once the other parties have executed their portion of the agreement,please forward me a fully
executed duplicate original.
Should you have any questions,please feel free to contact me at ext. 3130. Thank you.
0
cc: County Attorney
Finance
File
co
-
CD
cv
CD
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305- Packet Pg. 2396
O.7.b
tU T°
INTERLOCAL AGREEMENT AMONG BROWARD COUNTY, MIAMI-DADE COUNTY,
MONROE COUNTY, AND PALM BEACH COUNTY FOR COST SHARE SUPPORT OF SERVICES FOR
THE SOUTHEAST FLORIDA REGIONAL CLIMATE CHANGE COMPACT
This Agreement ("Agreement") is made and entered into by and among Broward County
("Broward"), Miami-Dade County ("Miami-Dade"), Monroe County ("Monroe"), and Palm Beach
County ("Palm Beach"), political subdivisions of the State of Florida, (collectively referred to as
the "Parties" and, when excluding Broward, the "Contributing Counties").
Recitals c
A. WHEREAS, Southeast Florida is one of the most vulnerable areas in the country to the
impacts of climate change; and —
0
B. WHEREAS, the Parties adopted the Southeast Florida Regional Climate Change Compact
("Compact") in 2009; and
0
C. WHEREAS, since adopting the Compact, the Parties have worked with one another and
numerous other stakeholders to address climate change at the regional level; and c
0
D. WHEREAS, in the eight years since the Compact was adopted, the Parties and other
stakeholders successfully completed a 110 recommendation Regional Climate Action
Plan and a significant update to this plan after a five-year implementation period, a
unified sea level rise projection for Southeast Florida, a regional greenhouse gas
emissions inventory, a regional vulnerability analysis, joint annual state and federal
legislative programs, planning and execution .of nine Regional Climate Leadership
Summits, and other joint activities, earning significant national and international
attention; and
E. WHEREAS, the Parties have recognized the benefits of regional coordination since the
adoption of the Compact; and
F. WHEREAS, the Institute for Sustainable Communities, a Vermont not-for-profit co
corporation registered to do business in the State of Florida ("ISC), has providedCD
coordination and facilitation services to the Parties since 2011 to advance the aims of the
Compact; and
G. WHEREAS, the Kresge Foundation ("Kresge") has committed to contribute $500,000 to E
ISC for coordination and facilitation services for the Compact for calendar years 2018
through 2020,to further augment Compact implementation; and
H. WHEREAS, the Parties desire to continue to engage ISC to provide coordination and
facilitation services; and
Page 1 of 15
Packet Pg. 2397
0.7.b
I. WHEREAS, the Parties acknowledge that a contract for services with ISC would be most
efficiently retained and supervised by one county; and
J. WHEREAS,the Parties desire to enter into this Agreement for cost-sharing support of ISC.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged,the Parties agree as follows:
ARTICLE 1. DEFINITIONS
0
1.1 Board.The Board of County Commissioners of Broward County, Florida.
1.2 Contract Administrator.The Director of the Broward County Environmental Planning and
Community Resilience Division.
0
1.3 County Administrator.The administrative head of Broward appointed by the Board.
1.4 County Attorney.The chief legal counsel for Broward appointed by the Board.
0
1.5 Services. All work required of ISC by Broward on behalf of the Parties under an agreement ca
between Broward and ISC, including without limitation all deliverables, consulting,
training, project management, payments, and other services specified in Exhibit A.
0
ARTICLE 2. OBLIGATIONS OF PARTIES
2.1 Contributing Counties agree to each remit up to $150,000 to Broward as their share of
costs based on an invoice from Broward, which Broward shall pay to ISC pursuant to the
Agreement between Broward County and Institute for Sustainable Communities for
Coordination and Facilitation Services for the Southeast Florida Regional Climate Change
Compact. The money remitted to Broward will be used to pay ISC as coordinator and
facilitator of the Compact. Broward agrees to also remit up to $150,000 to ISC and, on
behalf of the Parties, to retain and supervise ISC's performance of the ISC Scope of
Services, attached as Exhibit A. All parties agree to contribute equal amounts, within the co
dollar limits of this agreement.
ARTICLE 3. TERM AND TIME OF PERFORMANCE
3.1 The term of this Agreement shall begin on March 1, 2018, and shall end at 11:59 PM on
February 28, 2021 ("Term"). The continuation of this Agreement beyond the end of any
of the Parties'fiscal years is subject to both the appropriation and the availability of funds.
in accordance with Chapter 129, Florida Statutes. The failure of any party to budget or
appropriate sufficient funds for this Agreement shall constitute additional grounds for any
other party to terminate this Agreement pursuant to the procedures in Sections 7.3 and
7.4 of this Agreement. Any extensions of time beyond the Term shall require an
Page 2 of 15
Packet Pg. 2398
0.7.b
amendment to this Agreement, pursuant to the requirements for amendments stated
herein.
3.2 Unless otherwise agreed by the Parties in writing, all duties, obligations, and
responsibilities of the Parties required by this Agreement shall be completed no later than
February 28; 2021. Time is of the essence in performing the duties, obligations, and
responsibilities required by this Agreement.
ARTICLE 4. COMPENSATION
0
4.1 For the Term, Contributing Counties will pay Broward up to a maximum amount as
follows:
Servge /Goods Not=.To-Exceed Amount
Miami-Dade $150,000
Monroe $150,000
Palm Beach $150,000
TOTAL NOT TO EXCEED $450,000
0
4.2 METHOD OF BILLING AND PAYMENT ca
4.2.1 Broward may submit invoices for compensation to Contributing Counties no more
often than quarterly, but only after the Services for which the invoices are
submitted have been completed by ISC. Contributing Counties agree to pay
Broward by check or electronic funds transfer no later than thirty (30) days from
receipt of Broward's invoices at:
Broward County Board of County Commissioners
Attn: Jennifer Jurado, PhD, Director, Environmental Planning and
Resilience Division, and Chief Resilience Officer
Governmental Center, Suite 329H CD
2
115 South Andrews Avenue
Fort Lauderdale, Florida 33301 co
co
CD
cv
4.2.2 Broward may invoice each of the Contributing Counties in the amounts set forth
as follows:
2018: Calendar Quarter 2 $25,000 for services provided by ISC in
Calendar Quarters 1 and 2
2018: Calendar Quarter 3 $12,500
2018: Calendar Quarter 4 $12,500
2019: Calendar Quarter 1 $12,500
2019: Calendar Quarter 2 $12,500
Page 3 of 15
Packet Pg. 2399
0.7.b
2019: Calendar Quarter 3 $12,500
2019: Calendar Quarter 4 $12,500
2020: Calendar Quarter 1 $12,500
2020: Calendar Quarter 2 $12,500
2020: Calendar Quarter 3 $12,500
2020: Calendar Quarter 4 $12,500
ARTICLE 5. GOVERNMENTAL IMMUNITY
0
Nothing herein shall constitute a waiver of Section 768.28 of the Florida Statutes by any of the
Parties or shall be construed as impacting or modifying the protections set forth therein except
to the extent otherwise required under applicable Florida law. In addition, nothing herein shall
be construed as consent to be sued by third parties in any matter arising out of this Agreement
or any other contract. The Parties are political subdivisions as defined in Section 768.28, Florida
Statutes, and each party shall be fully responsible for the acts and omissions of its agents or
employees to the extent permitted by law.
ARTICLE 6. INSURANCE c
ca
Parties are entities subject to Section 768.28, Florida Statutes, and shall furnish the other Parties
with written verification of liability protection in accordance with state law upon request by a
party subject to this Agreement.
0
ARTICLE 7. TERMINATION
7.1 This Agreement may be terminated for cause by an aggrieved party if a party in breach
has not corrected the breach within ten (10) days after receipt of written notice from the
aggrieved party identifying the breach. This.Agreement may also be terminated for
convenience by the Board. Termination for convenience by the Board shall be effective
on the termination date stated in the written notice provided by Broward, which
termination date shall be not less than thirty (30) days after the date of such written
notice. This Agreement may also be terminated by Broward's County Administrator upon co
such notice as Broward's County Administrator deems appropriate under the
circumstances in the event Broward's County Administrator determines that termination
is necessary to protect the public health, safety, or welfare. If Broward erroneously,
improperly, or unjustifiably terminates for cause, such termination shall, at Broward's
sole election, be deemed a termination for convenience, which shall be effective thirty E
(30) days after such notice of termination for cause is provided.
7.2 This Agreement may be terminated for cause for reasons including, but not limited to,
submission for payment of false or incorrect bills or invoices or failure to promptly make
payment pursuant to invoices. This Agreement may be terminated for convenience by
any party to this Agreement if ISC is placed on the Scrutinized Companies with Activities
Page 4 of 15
Packet Pg. 2400
O.7.b
in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List created pursuant to Section 215.473, Florida Statutes, or if ISC provides a false
certification submitted pursuant to Section 287.135, Florida Statutes.
7.3 Notice of termination shall be provided in accordance with the "NOTICES" section of this
Agreement except that notice of termination by Broward's County Administrator, which
0.
Broward's County Administrator deems necessary to protect the public health, safety, or
welfare, may be verbal notice that shall be promptly confirmed in writing in accordance
with the "NOTICES" section of this Agreement.
0
7.4 In the event this Agreement is terminated by any party pursuant to the provisions of this
Agreement, Broward shall be paid in accordance with Article 4 for any Services performed
under the agreement with ISC so that Broward may pay ISC through the termination date —
G
specified in the written notice of termination. Broward shall notify ISC to refrain from
performing further Services or incurring additional expenses under the terms of its
agreement with ISC. In the event that Broward, in its sole discretion, determines ISC is
not entitled to payment for Services and elects to not pay ISC for particular Services,
Broward shall refund each Contributing County its pro rasa share of money received by
Broward that will not be paid to ISC. Contributing Counties acknowledge that they have a
received good, valuable, and sufficient consideration from Broward, the receipt and ca
adequacy of which are hereby acknowledged by Contributing Counties, for Broward's
right to terminate this Agreement for convenience.
0
ARTICLE 8. EEO COMPLIANCE
8.1 No party to this Agreement may discriminate on the basis of race, color, sex, religion,
national origin, disability, age, marital status, political affiliation, sexual orientation,
pregnancy, or gender identity and expression in the performance of this Agreement.
Failure by any party to carry out any of the requirements of this section shall constitute a
material breach of this Agreement, which shall permit any other party to terminate this
Agreement or to exercise any other remedy provided under applicable law, all such
remedies being cumulative.
co
T_
ARTICLE 9. MISCELLANEOUS CD
r9
9.1 Rights in Documents and Work. Any and all reports, photographs,surveys,and other data
and documents provided or created in connection with this Agreement are and shall
remain the property of Broward and, if ISC has claimed a copyright, ISC has agreed to E
grant Broward a non-exclusive license to use the copyrighted item(s) indefinitely, to
prepare derivative works, and to make and distribute copies to the public, which license
Broward agrees to grant to and share with Contributing Counties.
9.2 Public Records. The Parties are public agencies subject to Chapter 119, Florida Statutes.
To the extent ISC is a subcontractor acting on behalf of the Parties pursuant to Section
Page 5 of 15
Packet Pg. 2401
119.0701, Florida Statutes, Broward's agreement with ISC shall contain any language
required pursuant to Section 119.0701, Florida Statutes.
9.3 Truth-In-Negotiation Representation. This Agreement is based upon representations
supplied by the Parties to each other and the Parties certify that the information supplied,
including without limitation in the negotiation of this Agreement, is accurate, complete,
and current at the time of contracting.
9.4 Public Entity Crime Act. Each of the Parties represents that it is familiar with the
requirements and prohibitions under the Public Entity Crime Act,Section 287.133, Florida c
Statutes, and represents that its entry into this Agreement will not violate that Act. In
addition to the foregoing, each of the Parties further represents that there has been no
determination that it committed a "public entity crime" as defined by Section 287.133,
Florida Statutes, and that it has not been formally charged with committing an act defined
as a "public entity crime" regardless of the amount of money involved or whether it has
been placed on the convicted vendor list. Notwithstanding any provision in this
Agreement to the contrary, if any representation made by a party pursuant to this
paragraph is false, each of the Parties shall have the right to immediately terminate this
Agreement. c
CO
9.5 Independent Contractor. Parties are independent contractors under this Agreement. In
providing services under this Agreement, neither Broward nor its agents shall act as
officers, servants, employees, or agents of Contributing Counties. Contributing Counties
0
and each entity's agents shall not act as officers, servants, employees, or agents of
Broward. Broward shall have control of the work performed by Broward in accordance
with the terms of this Agreement and of all persons performing the same, and Broward
shall be responsible for the acts and omissions of its officers, agents, servants, and
employees, if any. None of the Parties shall have the right to bind any other party to any
obligation not expressly undertaken under this Agreement.
ISC is an independent contractor under its agreement with Broward. The agreement for
Services between ISC and Broward provides that'neither ISC nor its agents shall act as
officers, employees, or agents of Parties. Contributing Counties recognize that ISC shall CO
not have the right to bind Parties to any obligation. Broward shall not be responsible to
Contributing Counties for any adverse actions taken by ISC, unless caused by the sole
negligence of Broward or Broward's employees.
9.6 Third Party Beneficiaries. Neither Contributing Counties nor Broward intends to directly E
or substantially benefit a third party by this Agreement. Therefore, the Parties
acknowledge that there are no third party beneficiaries to this Agreement and that no
third party shall be entitled to assert a right or claim against any party based upon this
Agreement. Nothing in this Agreement, express or implied, is intended to (i) confer upon
any entity or person other than the Parties and their successors or assigns any rights or
remedies under or by reason of this Agreement as a third party beneficiary or otherwise,
Page 6 of 15
Packet Pg. 2402
O.7.b
except as specifically provided in this Agreement; or (ii) authorize anyone not a party to
this Agreement to maintain an action pursuant to or based upon this Agreement.
9.7 Notices. In order for a notice to a party to be effective under this Agreement, notice must
be sent via U.S. first-class mail with a contemporaneous copy via e-mail to the addresses
listed below and shall be effective upon mailing. The addresses for notice shall remain as
set forth herein unless and until changed by providing notice of such change in
accordance with the provisions of this section.
FOR BROWARD: c
Broward County Environmental Planning and Community Resilience Division
Attn: Jennifer Jurado, PhD, Director and Chief Resilience Officer
Governmental Center, Room 329H —
115 South Andrews Avenue f;
Fort Lauderdale, Florida 33301
Email address: jjurado@broward.org
c
FOR MIAMI-DADE:
Miami-Dade Office of Resilience, Regulatory& Economic Resources Department c
Attn: James F. Murley, Chief Resilience Officer ca
Stephen P. Clark Center
111 NW 1st Street, 12th Floor
Miami, Florida 33128
c
Email address: MURLEYJ@miamidade.gov
FOR MONROE: E
Monroe County Administration
Attn: Rhonda Haag, Sustainability and Projects Director
102050 Overseas Highway, Ste. 246
Key Largo, FL 33037
Email address: Haag-Rhonda@MonroeCounty-FL.Gov CD
2
FOR PALM BEACH: co
Palm Beach County Administration
Attn: Director, Office of Resilience
Board of County Commissioners, Palm Beach County
301 N. Olive Avenue
West Palm Beach, FL 33401 E
Email address: ResilientPBC@pbcgov.org
9.8 Assignment and Performance. Except for the ISC subcontracting approved in writing by
the Parties at the time of its execution of this Agreement or any written amendment
hereto, neither this Agreement nor any right or interest herein may be assigned,
transferred, subcontracted, or encumbered without the prior written consent of the
Page 7 of 15
Packet Pg. 2403
O.7.b
Parties. If any party violates this provision, any other party shall have the right to
immediately terminate this Agreement.
9.9 Materiality and Waiver of Breach. Each requirement,duty,and obligation set forth herein
was bargained for at arm's-length and is agreed to by the Parties. Each requirement, duty,
and obligation set forth herein is substantial and important to the formation of this
Agreement, and each is,therefore, a material term hereof. Each of the Parties'failure to
enforce any provision of this Agreement shall not be deemed a waiver of such provision
or modification of this Agreement. A waiver of any breach of a provision of this
Agreement shall not be deemed a waiver of any subsequent breach and shall not be c
construed to be a modification of the terms of this Agreement.
9.10 Compliance with Laws. The Parties shall comply with all applicable federal, state, and
local laws, codes, ordinances, rules, and regulations in performing its duties,
responsibilities, and obligations pursuant to this Agreement.
9.11 Severability. In the event any part of this Agreement is found to be unenforceable by any
court of competent jurisdiction, that part shall be deemed severed from this Agreement
and the balance of this Agreement shall remain in full force and effect. c
CO
9.12 Joint Preparation. This Agreement has been jointly prepared by the Parties hereto, and
shall not be construed more strictly against any party.
0
9.13 Interpretation. The headings contained in this Agreement are for reference purposes only
and shall not in any way affect the meaning or interpretation of this Agreement. All
personal pronouns used in this Agreement shall include the other gender,and the singular
shall include the plural, and vice versa, unless the context otherwise requires. Terms such
as "herein," "hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole
and not to any particular sentence, paragraph, or section where they appear, unless the
context otherwise requires. Whenever reference is made to a section or article of this
Agreement, such reference is to the section or article as a whole, including all of the
subsections of such section, unless the reference is made to a particular subsection or
subparagraph of such section or article. CO
T_
CD
9.14 Priority of Provisions. If there is a conflict or inconsistency between any term, statement, T_,
requirement, or provision of any document or exhibit attached hereto or referenced or
incorporated herein and any provision of Articles 1 through 9 of this Agreement, the
provisions contained in Articles 1 through 9 shall prevail and be given effect.
9.15 Law, Jurisdiction, Venue, Waiver of Jury Trial. This Agreement shall be interpreted and
construed in accordance with and governed by the laws of the state of Florida. The Parties
agree that the exclusive venue for any lawsuit arising from, related to, or in connection
with this Agreement shall be in the state courts of the Seventeenth'Judicial Circuit in and
for Broward County, Florida. If any claim arising from, related to, or in connection with
Page 8 of 15
Packet Pg. 2404
0.7.b
this Agreement must be litigated in federal court, the Parties agree that the exclusive
venue for any such lawsuit shall be in the United States District Court or United States
Bankruptcy Court for the Southern District of Florida. BY ENTERING INTO THIS
AGREEMENT, THE PARTIES HEREBY EXPRESSLY WAIVE ANY RIGHTS THE PARTIES MAY
HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. IF
A PARTY FAILS TO WITHDRAW A REQUEST FOR A JURY TRIAL IN A LAWSUIT ARISING
OUT OF THIS AGREEMENT AFTER WRITTEN NOTICE BY ANY OTHER PARTY OF VIOLATION
OF THIS SECTION,THE PARTY MAKING THE REQUEST FOR JURY TRIAL SHALL BE LIABLE
FOR THE REASONABLE ATTORNEYS' FEES AND COSTS OF ALL OTHER PARTIES IN
CONTESTING THE REQUEST FOR JURY TRIAL,AND SUCH AMOUNTS SHALL BE AWARDED c
BY THE COURT IN ADJUDICATING THE MOTION.
9.16 Amendments. No modification, amendment, or alteration in the terms or conditions
contained herein,shall be effective unless contained in a written document prepared with
the same or similar formality as this Agreement and executed by the Board and
Contributing Counties or others delegated authority or otherwise authorized to execute
same on their behalf. c
9.17 Prior Agreements. This Agreement represents the final and complete understanding of c
the Parties regarding the subject matter hereof and supersedes all prior and ca
contemporaneous negotiations and discussions regarding that subject matter. There is
no commitment, agreement, or understanding concerning the subject matter of this
Agreement that is not contained in this written document.
0
9.18 Payable Interest
9.18.1 Payment of Interest. Each of the Parties shall not be liable to pay any interest to
any of the other Parties for any reason, whether as prejudgment interest or for
any other purpose, and in,furtherance thereof each of the Parties waive, reject,
disclaim, and surrender any and all entitlement it has or may have to receive
interest in connection with a dispute or claim arising from, related to, or in
connection with this Agreement. This paragraph shall not apply to any claim for
interest, including for post-judgment interest, if such application would be co
contrary to applicable law.
9.18.2 Rate of Interest. If, for whatever reason, the preceding subsection is determined
to be invalid or unenforceable by a court of competent jurisdiction, the annual
rate of interest payable by any of the Parties under this Agreement, whether as E
prejudgment interest or for any other purpose, shall be, to the full extent
permissible under applicable law, 0.25% (one quarter of one percent) simple
interest (uncompounded).
Page 9 of 15
Packet Pg. 2405
0.7.b
9.19 Incorporation by Reference. Any and all Recital clauses stated above are true and correct
and are incorporated herein by reference. The attached Exhibits are incorporated into
and made a part of this Agreement.
9.20 Representation of Authority. Each individual executing this Agreement on behalf of a
party hereto hereby represents and warrants that he or she is,on the date he or she signs
0.
this Agreement, duly authorized by all necessary and appropriate action to execute this
Agreement on behalf of such party and does so with full legal authority.
9.21 Counterparts and Multiple Originals. This Agreement may be executed in multiple c
originals, and may be executed in counterparts, each of which shall be deemed to be an
original, but all of which,taken together, shall constitute one and the same agreement.
G
9.22 Contingency Fee. Each of the Parties represents that it has not paid or agreed to pay any
person or entity, other than a bona fide employee working solely for a party, any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from
the award or making of this Agreement.
9.23 Use of Broward Logo. Contributing Counties shall not use Broward's name, logo, or c
otherwise refer to this Agreement in any marketing or publicity materials without the CO
prior written consent of Broward. Broward consents to use of its name and logo in
marketing and publicity materials related to the Compact by the Contributing Counties.
0
9.24 Force Maieure. If the performance of this Agreement, or any obligation hereunder, is
prevented by reason of hurricane, earthquake, or other casualty caused by nature, or by
labor strike, war, or by a law, order, proclamation, regulation, or ordinance of any
governmental agency,the party so affected,upon giving prompt notice to the other party,
shall be excused from such performance to the extent of such prevention, provided that
the party so affected shall first have taken reasonable steps to avoid and remove such
cause of non-performance and shall continue to take reasonable steps to avoid and
remove such cause, and shall promptly notify the other Parties in writing and resume
performance hereunder whenever such causes are removed; provided, however, that if
such non-performance exceeds sixty (60) days, the party that is not prevented from CO
performance by the force majeure event shall have the right to terminate this Agreement
upon written notice to the Parties. This section shall not supersede or prevent the
exercise of any right the Parties may otherwise have to terminate this Agreement.
(The remainder of this page is intentionally left blank.)
Page 10 of 15
Packet Pg. 2406
0.7.b
IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement:
BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its
Mayor or Vice-Mayor, authorized to execute same by Board action on the aQ day of
1!/ACdL , 20)1�'and Contributing Counties,signing by and through their officials,duly
authorized to execute same.
E
0
BROWARD
ATTEST BROWARD COUNTY, by and through
its Boar County Corn ers
iy
Bro. and County Administrator, as ------' �� fEx-officio Clerk of the Broward Count dayof , 201 b . 0
Board of County Commissioners
Approved as to form by
Andrew J. Meyers
Insurance requirements approved by Broward County Attorney
Broward County Governmental Center, Suite 423
Risk Management Division: 115 South Andrews Avenue
Fort Lauderdale, Florida 33301 ca
Telephone: (954) 357-7600
By: Telecopier: (954) 357-7641
Name:
By: A7 i ?o?ore
Title: 81)'Wltltv Ad Benjamin D. Crego (Date)
Assistant County Attorney
/aI/zz Maite Azcoitia (Date)
Deputy County Attorney
CREATED • �P
=O cD OCT 1st 4: ;0 co
v '� 1915 ;r co a
�/lllilllllll° �
Page 11 of 15
Packet Pg. 2407
0.7.b
INTERLOCAL AGREEMENT AMONG BROWARD COUNTY, MIAMI-DADE COUNTY,
MONROE COUNTY,AND PALM BEACH COUNTY FOR COST SHARE SUPPORT OF SERVICES FOR
THE SOUTHEAST FLORIDA REGIONAL CLIMATE CHANGE COMPACT
MIAMI-DADE
WITNESSES: MIAMI-DADE COU TY
c
By:
Signature V Authorized Signor
Print ame of itne s above Print Name and Title
day of 20A
Si ature
�V EST: ca
Print Name of Witness above -
INGRID BETHU
MY COMMISSION#GG154420 ecretary 06Aer person
EXPIRES:February 21,2022
SondedThru Notary PpblcUndernriters a th rized to attest
'�►!"!!%'••. INGRID BETHUNE
., MY COMMISSION#GG 154420
oe`,.r EXPIRES:February 21,2022 CORPORATE SEAL OR NOTARY
?►^;• Bonded Thor Notary Public Underwriters ( )
co
T_
CD
-r.
M
-r.
M
CD
Page 12 of 15
Packet Pg. 2408
INTERLOCAL AGREEMENT AMONG BROWARD COUNTY, MIAMI-DADE COUNTY,
MONROE COUNTY,AND PALM BEACH COUNTY FOR COST SHARE SUPPORT OF SERVICES FOR
THE SOUTHEAST FLORIDA REGIONAL CLIMATE CHANGE COMPACT
1 Q0.
PALM BEACH R 2 ® 1 U 0201
WITNESSES: PALM BEACH COUNTY
LAO U
Si mature Mayor
I lGu 4CON Melissa McKinla y
Print Name of Witness above Print Name
MAR 1 3 2016
day of 20_
gnatu
#OAT
to
Print Nam of Witness above i1T y ri°I,,�'
ATTEST: G V..••. .... 1.of It,,i
Sharon R. Bock �yA 8F •. `'�,
I g Cler nd mptrc�
Approved as to Form and Legal Sufficie cy By: r Ot
By: Deputy Cle�i' :;�2 03
County Attorney
(CORPORATE SEAL OR NOTARY)
APP VED S TO TERMS AND CONDITIONS E
2
By
co
CD
�cc��/ mar-�IGJrrt
CD
r9
Page 14 of 15
Packet Pg. 2409
0.7.b
INTERLOCAL AGREEMENT AMONG BROWARD COUNTY, MIAMI-DADE COUNTY,
MONROE COUNTY,AND PALM BEACH COUNTY FOR COST SHARE SUPPORT OF SERVICES FOR
THE SOUTHEAST FLORIDA REGIONAL CLIMATE CHANGE COMPACT
E
0
MONROE
WITNESSES: MONROE COUNTY
By:
Signature Authorized ignor E
David Rice, Mayor
Print Name of Witness above Print Name and Title
0
114day oQM,,t,- , 20 �8
Signature
0
ca
ATTEST: KEVIN MADOK, CLERK
Print Name of Witness above
Corporate Secretary or other person
authorized to attest Deputy Clerk
(CORP.ORATE:SE'AL ORNOTARY)
CD
LLJ
Crk na r
C) 1 i.SC U O ROE CO TY ATT HNEY
o dim
to P ROV S T IFRM
PEDR J.AA
ASSIS NTY ATTOR EY
Date
Page 13 of 15
Packet Pg. 2410
0.7.b
Exhibit A—ISC Scope of Services
INSTITUTETOR
Sustainable
Communities
Support for the Southeast Florida Regional Climate Change Compact
Statement of Work for 2018-2020 c
The Institute for Sustainable Communities ("ISC") shall provide a level of effort and time per year
that will not be less than the equivalent of two (2) full-time employees during the contracted
period. This level of effort will combine the time and expertise of ISC staff to provide services to
the Compact including governance process facilitation and support, strategic and technical
assistance, communications delivery and support, and assistance in identifying additional
financial resources from federal, state, and private philanthropic sources to support the growth
and expansion of Compact service delivery. The details of the services ISC shall perform are
articulated in the tasks and deliverables set forth below. c
0
Task 1: Provide Secretariat Services for the Compact
Task 1.1: Bi-weekly Staff Steering Committee Call Support
Representative tasks include: Identifying key strategic and management issues for the ongoing c
success of the Compact, developing the bi-weekly agenda in partnership with the Staff Steering
Committee ("SSC"), compiling hot topics for discussion with the Compact, facilitating E
communications between Compact partners, and assembling requests for Compact support and
engagement.
Task 1.2: Biannual (2x annually) Staff Steering Committee Retreats
Representative tasks include: Identifying key strategic and management issues for the ongoing 0)
success of the Compact; providing strategic advice to the SSC; developing the retreat agenda in 2
partnership with the SSC.
Co
T_
CD
Task 1.3: General Compact Support—Priority Tasks:
Representative tasks include: Providing support on short and longer-term tasks as prioritized and
assigned by the SSC on an annual basis with the ability to make adjustments on a quarterly basis
as issues,challenges, and opportunities arise in furthering the interests of the Compact partners. E
Institute for Sustainable Communities I Page 15
Packet Pg. 2411
O.7.b
Task 1.4: Annual Regional Climate Leadership Summit ("Summit")Support
Representative tasks include: Participating on Summit planning team calls; assisting with the
development of Summit themes, panels, and deliverables; assisting with the identification and
engagement of speakers for the Summit;traveling to and participating in the Summit.
Task 1.5: General Fundraising Support
Representative tasks include: Identifying new grant resources for the Compact (federal, state, or
private philanthropy) and coordinating the development of proposals and budgets in partnership
with the SSC.
0
Task 2: Provide implementation support for the Regional Climate Action Plan ("RCAP")2.0
Task 2.1: RCAP Implementation Workshops (two per year)
Representative tasks include: Designing the workshop and agenda; managing logistics; and
producing the guidance materials from the RCAP for the Compact website.
Task 3: Compact Communications Support
Task 3.1: Compact Website and Compact Currents c
Representative tasks include: Providing ongoing support and maintenance to the Compact ca
website; developing new content and pages on the Compact site; developing and delivering the
Compact's quarterly e-newsletter.
Deliverables c
ISC shall provide a quarterly narrative report detailing activities across these three key tasks,
including an ISC accounting of staff time and expenses, for review and approval by the SSC.
Personnel and Fringe Benefits—salaries are budgeted as gross wages and reflect current or
comparable rates from ISC's current projects ISC fringe benefits are based on each employee's
salary, timesheet allocations, and its Negotiated Indirect Cost Rate Agreement ("NICRA")
(included as Attachment A), which is approved by United States Agency for International
Development, ISC's cognizant audit agency.'
Co
Travel—ISC requires travelers to take reasonable steps to lower travel costs, and air travel is
based on economy or coach class fares. ISC pays for actual hotel costs and provides per diem
rates for meals and incidental expenses that do not exceed US Government rates.
Other Direct Costs—ISC's estimates include communication and photocopying expenses and a E
portion of ISC's A-133 audit expense. These expenses have been budgeted for this program
based on ISC's overall program cost and budget.
Institute for Sustainable Communities I Page 16
Packet Pg. 2412
O.7.b
Indirect Costs—ISC's indirect cost calculation methodology uses a modified total direct cost base
consisting of total direct costs, less grant agreement amounts that exceed $25,000. ISC's NICRA
is currently 28 percent of its modified total direct cost base.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
0
0
c
0
ca
co
T-
CD
. cv
CD
Institute for Sustainable Communities I Page 17
Packet Pg. 2413
0.7.b
Attachment A—ISC Negotiated Indirect Cost Rate Agreement
�f
• U UD E
FROM THE AMERICAN PEOPLE
NEGOTIATED INDIRECT COST RATE AGREEMENT O
U
September 29,2017
ORGANIZATION
Institute for Sustainable Communities
535 Stone Cutters Way
Montpelier,Vermont 05602
O
U
The rates approved in this Agreement are for use on grants,contracts and other agreements with 1
the Federal Government to which OMB Circular A-122 applies, subject to the conditions in
section ILA, below. The rate(s) were negotiated by the U.S. Agency for International
Development in accordance with the authority contained in Attachment A,Section E.2.(a),of the
Circular. Effective December 26,2014,the authority contained in Appendix IV,Section C.2.a.,
of 2 Code of Federal Regulations(CFR)200 applies. E
Secriox I:NEGOTIATED INDIRECT COST RATES o
_' i EFFECTIVE PERIOD INDIRECT,COST:RATES
x FRINGEBEAIEFITS= OVERDE�All^
TYPE FROM.' THROUGIi : a.. ... ,
Final 10-01-14 09-30-15 30.93% 29.14% E
Final 10-01-15 09-30-16 30.97% 29.66%
Provisional 10-01-16 1 Until Amended 35.00% 28.00%
Base of Application i
(a) Total labor dollars excluding national in-country staff salaries, expatriate allowances,
relocation allowances and temporary staff
(b) Total costs excluding overhead expenses,donated services and subawards in excess of
$25,000 per each subaward CD
cv
r9
CD
r9
U.&Agenayforlrftmational Davelopmwd
13WPennsyh=1sAvenue,NW U
WashIP&n,DC 20523
mmumm.gov
I
Institute for Sustainable Communities I Page 18
Packet Pg. 2414
0.7.b
SECTION II:GENERAL
A. LIMITATIONS: Use of the rate(s)contained in this Agreement is subject to all statutory or
administrative limitations and is applicable to a given grant,contract or other agreement only
to the extent that funds are available. Acceptance of the rate(s)agreed to herein is predicated
upon the following conditions:
0
1. That no costs other than those incurred by the granteelcontractor or allocated to the
grantee/contractor via an approved central service cost allocation plan were included in its
indirect cost rate proposal and that such incurred costs are legal obligations of the
grantee/contractor and allowable under the governing cost principles,
2. That the information provided by the granteelcontractor which was used as a basis for
acceptance of the rate(s)to herein is not subsequently found to be materially inaccurate,
3. That the same costs that have been treated as indirect costs have not been claimed as direct
costs,and
4. That similar types of costs have been accorded consistent treatment.
0
B. ACCOUNTING CHANGES: The grantee/contractor is required to provide written
notification to the indirect cost negotiator prior to implementing any changes which could
affect the applicability of the approved rates. Any changes in accounting practice to include
changes in the method of charging a particular type of cost as direct or indirect and changes _
in the indirect cost allocation base or allocation methodology require the prior approval of the
Office of Overhead,Special Cost and Closeout(OCC). Failure to obtain such prior written
approval may result in cost disallowance.
C. NOTIFICATION TO FEDERAL AGENCIES:A copy of this document is to be provided by
this organization to other Federal funding sources as a means of notifying them of the
Agreement contained herein.
D. PROVISIONAL-FINAL RATES:The granteelcontractor must submit a proposal to establish
a final indirect cost rate within nine months after its fiscal year end. Billings and charges to E
Federal awards must be adjusted if the food rate varies from the provisional rate. If the final
rate is greater than the provisional rate and there are no funds available to cover the
additional indirect costs,the organization may not recover all indirect costs. Conversely,if 00
the final rate is less than the provisional rate,the organization will be required to pay back T-
the difference to the funding agency. c®
r
r9
r9
I
Institute for Sustainable Communities Page 19
Packet Pg. 2415
0.7.b
E. SPECIAL REMARKS:
0
1. Indirect costs charged to Federal grants/contracts by means other than the rate(s)cited in the
agreement should be adjusted to the applicable rates)cited herein which should be applied to
the appropriate base to identify the proper amount of indirect costs allocable to the program.
M
2. Grants/contracts providing for ceilings as to the indirect cost ratc(s)or amount(s),which are '
indicated in Section I above,will be subject to the ceilings stipulated in the grant,contract or
other agreement. The ceiling rate(s) or the rate(s) cited in this Agreement, whichever is
lower, will be used to determine the maximum allowable indirect cost on the grant or
contract agreement.
3. The rates hereby approved are subject to periodic review by the Government at any time their
use is deemed improper or unreasonable. You are requested to advise the Government
promptly of any circumstances,which could affect the applicability of the approved rates.
4. You are directed to submit adjustment or final financial expenditure reports(SF-425)for all
flexibly priced grants and other agreements;or adjustment or final vouchers for all flexibly
priced contracts within 120 days after settlement of the final annual indirect cost rates. Audit
adjustments should be clearly delineated so as to be readily identifiable for verification by
this office. Care should be taken that amounts claimed do not exceed award limitations or e
indirect cost rate ceilings. USAID will deobligate any remaining funds if the required
financial expenditure reports or vouchers are not submitted within 120 days. Once the
money is de-obligated,it will not be reinstated.
0
ACCE D:Insti or Su Communities m
Signature —Eug6ffia L.Brown ¢°
Agreement Officer
� Overhead,Special Cost and Closeout Branch
Printed or Typed Name Cost,Audit and Support Division E
V P . T, [�tP� 7 DI?r.WITO�J OlriceofAcquisition and Assistance �
r v t U.S.Agency for Intemational Development CD
tt llcAA
to ® T' l
Date r"
CD
r
M
!v
U
Institute for Sustainable Communities Page 20
Packet Pg. 2416