3. 10/21/2020 Agreement Kevin Madok, CPA
t Clerk of the Circuit Court&Comptroller- Monroe County, Florida
DATE: November 12, 2020
TO: Rhonda Haag
Chief Resilience (Ewer
1 ¢Yongue
Executive Assistant
FROM: Pamela C. Hanc( C.
SU$TECT: October 21' 13UCC Meeting
Enclosed are Tour duplicate originals of the following item, executed on behalf of Monroe
County, for your handling:
P8 Interlucal Agreement with Broward County, Miami-Dade County and Palm Beach
County for financial support to the Southeast Florida Regional Climate Change Compact to
provide 3275,000.00 over three years:and granted approval to authorize the Office of County
Attorney to make minor non-subsnuuivc edits to the subject agreement whit review and approval as
to font,in case minor edits or clarifications become necessary.
Once you have a fully executed original of the agreement please forward to our office for
die record. Should you have any questions please feel free to contact me at (30.5) 292-3550,
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PKIROTH BUILDING
500 Whitehead Steel 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 305-852-7145
•
c ., Exhibit 2
` {It Page 1 of 24
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
A. Southeast Florida is one of the most vulnerable areas in the country to the impacts of
climate change.
B. The Parties adopted the Southeast Florida Regional Climate Change Compact("Compact")
in 2009.
C. Since adopting the Compact, the Parties have worked with one another and numerous
other stakeholders to address climate change at the regional level.
D. In the eleven years since the Compact was adopted, the Parties and other stakeholders
------- --successfully completed a Regional Climate Action Plan ("RCAP") of 110 recommendations
and a significant update to the RCAP after a five-year implementation period, a unified
sea level rise projection for Southeast Florida and two subsequent updates, a regional
greenhouse gas emissions inventory, a regional vulnerability analysis,joint annual state
and federal legislative programs, planning and execution of twelve Regional Climate
Leadership Summits, and other joint activities, earning significant national and
international attention.
E. The Parties have recognized the benefits of regional coordination since the adoption of
the Compact.
F. The Institute for Sustainable Communities, a Vermont not-for-profit corporation
registered to do business in the State of Florida ("ISC"), has provided coordination and
facilitation services to the Parties since 2011 to advance the aims of the Compact.
G. The Kresge Foundation("Kresge")has supported ISC coordination and facilitation services
for the Compact to further augment Compact implementation with One Million Eight
Hundred and Seventy Five Thousand Dollars ($1,875,000) in funding from 2013 through
2020, but reduced funding from Two Hundred Thousand Dollars ($200,000)annually for
2018 and 2019,to One Hundred Thousand ($100,000)for 2020,with no further funding,
requiring the Parties to increase their individual contributions to maintain the same level
of ISC support.
Exhibit 2
Page 2 of 24
H. The Parties desire to continue to engage ISC to provide coordination and facilitation
services.
I. The Parties acknowledge that a contract for services with ISC would be most efficiently
retained and supervised by one county; and
J. 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
1.1 Board.The Board of County Commissioners of Broward County, Florida.
1.2 Compact Leadership Committee. A committee made up of one representative from each
Party, the requirements for which are further specified in Article 2. The Committee will
provide formal, unified advice and recommendations on climate change and resilience
issues to the Parties' governing bodies.
1.3 Contract Administrator. The Deputy Director of the Broward County Environmental
Protection and Growth Management Department.
1.4 County Administrator.The administrative head of Broward appointed by the Board.
1.5 County Attorney.The chief legal counsel for Broward appointed by the Board.
1.6 Fiscal Year. The County Fiscal Year begins on October 1s` of each year and continues
through September 309'of the following calendar year.
1.7 Services. All work required of ISC by Broward on behalf of the Parties under an agreement
between Broward and ISC, including, without limitation, all deliverables, consulting,
training, project management, payments, and other services specified in Exhibit A.
ARTICLE 2. OBLIGATIONS OF PARTIES
2.1 Broward shall pay ISC for coordination and facilitation services for the Compact pursuant
to an agreement between Broward and ISC for such services ("ISC Coordination and
Facilitation Services Agreement"). Upon receipt of an invoice pursuant to section 4.2 of
this Agreement, Contributing Counties agree to each remit up to Two Hundred Seventy-
Five Thousand Dollars ($275,000)to Broward to be used as their share of costs Broward
will incur pursuant to the ISC Coordination and Facilitation Services Agreement. All
Parties agree to contribute equal amounts,within the dollar limits of this Agreement. To
this end, Broward agrees to also remit up to Two Hundred Seventy-Five Thousand Dollars
Exhibit 2
Page 3 of 24
($275,000) to ISC for Services under the ISC Coordination and Facilitation Services
Agreement. and, on behalf of the Parties, to retain and supervise ISC's performance of
the ISC Scope of Services, attached as Exhibit A.
2.2 The Parties agree 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. The Parties will each select one
representative to serve on the Compact Leadership Committee, which representative
must have experience and knowledge 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 parts representative.The initial representatives from each County are:
• The Chief Resilience Officer of Broward County.
• The Deputy Resilience Officer of Miami-Dade County.
• The Chief Resilience Officer 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 Nature Conservancy, the Florida Climate
Institute, 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 Florida Public Records
Act,Ch. 119, F.S. Members of the Compact Leadership 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
may create its own rules of procedure, as needed, provided that such rules are consistent
with this Agreement and applicable laws. The Compact Leadership Committee shall
decide on an annual basis the distribution of meeting locations to be held among the four
Counties, with preference given to rotating meeting locations among each of the
Counties.
ARTICLE 3. TERM AND TIME OF PERFORMANCE
3.1 The term of this Agreement shall begin on January 1, 2021, and shall end at 11:59 PM on
January 1, 2024 ("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
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
January 1, 2024. Time is of the essence in performing the duties, obligations, and
responsibilities required by this Agreement.
ARTICLE 4. COMPENSATION
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 $275,000
Monroe $275,000
Palm Beach $275,000
TOTAL NOT TO EXCEED $825,000
4.2 METHOD OF BILLING AND PAYMENT
4.2.1 Broward may submit invoices for compensation to Contributing Counties no more
often than quarterly, but only after the Services for which the invoices are
submitted have been completed 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, Deputy Director, Environmental Protection and
Growth Management Department, and Chief Resilience Officer
Governmental Center, Suite 329B
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Page 4 of 24
Exhibit 2
Page 5 of 24
4.2.2 Broward may invoice each of the Contributing Counties in the amounts set forth
as follows:
Fiscal Year 2021: Quarter 2 $25,000
Fiscal Year 2021: Quarter 3 $25,000
Fiscal Year 2021: Quarter 4 $25,000
Fiscal Year 2022: Quarter 1 $25,000
Fiscal Year 2022: Quarter 2 $25,000
Fiscal Year 2022: Quarter 3 $25,000
Fiscal Year 2022: Quarter 4 $25,000
Fiscal Year 2023:Quarter 1 $25,000
Fiscal Year 2023: Quarter 2 $25,000
Fiscal Year 2023: Quarter 3 $25,000
Fiscal Year 2023: Quarter 4 $25,000
ARTICLE S. GOVERNMENTAL IMMUNITY
Nothing herein shall constitute a waiver of Section 768.28 of the Florida Statutes by any of the
Parities 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
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.
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
such notice as Broward's County Administrator deems appropriate under the
Exhibit 2
Page 6 of 24
circumstances in the event Broward's County Administrator determines that termination
is necessary to protect the public health, safety, or welfare. If Broward erroneously,
improperly, or unjustifiably terminates for cause, such termination shall, at Broward's
sole election, be deemed a termination for convenience, which shall be effective thirty
(30)days after such notice of termination for cause is provided.
7.2 This Agreement may be terminated for cause for reasons including, but not limited to,
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
in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List created pursuant to Section 215.473, Florida Statutes,or if ISC provides a false
certification submitted pursuant to Section 287.135, Florida Statutes.
7.3 Notice of termination shall be provided in accordance with the "Notices" section of this
Agreement except that notice of termination by Broward's County Administrator, which
Broward's County Administrator deems necessary to protect the public health, safety, or
welfare, may be verbal notice that shall be promptly confirmed in writing in accordance
with the "Notices" section of this Agreement.
7.4 In the event this Agreement is terminated by any party pursuant to the provisions of this
---- -- Agreement,Broward shall be paid in accordance with Article 4 for any Services performed
under the agreement with ISC so that Broward may pay ISC through the termination date
specified in the written notice of termination. Broward shall notify ISC to refrain from
performing further Services or incurring additional expenses under the terms of its
agreement with ISC. 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 rota share of money received by
Broward that will not be paid to ISC. Contributing Counties acknowledge that they have
received good, valuable, and sufficient consideration from Broward, the receipt and
adequacy of which are hereby acknowledged by Contributing Counties, for Broward's
right to terminate this Agreement for convenience.
ARTICLE 8. EEO COMPLIANCE
8.1 No party to this Agreement may discriminate on the basis of race, color, sex, religion,
national origin, disability, age, marital status, political affiliation, sexual orientation,
pregnancy, or gender identity and expression in the performance of this Agreement.
Failure by any party to carry out any of the requirements of this section shall constitute a
material breach of this Agreement, which shall permit any other party to terminate this
Agreement or to exercise any other remedy provided under applicable law, all such
remedies being cumulative.
Exhibit 2
Page 7 of 24
ARTICLE 9. MISCELLANEOUS
9.1 Rights in Documents and Work. Any and all reports,photographs,surveys,and other data
and documents provided or created in connection with this Agreement are and shall
remain the property of Broward and, if ISC has claimed a copyright, ISC has agreed to
grant Broward a non-exclusive license to use the copyrighted item(s) indefinitely, to
prepare derivative works, and to make and distribute copies to the public, which license
Broward agrees to grant to and share with Contributing Counties.
9.2 Public Records. The Parties are public agencies subject to Chapter 119, Florida Statutes.
To the extent ISC is a subcontractor acting on behalf of the Parties pursuant to Section
119.0701, Florida Statutes,the ISC Coordination and Facilitation Services Agreement 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
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.
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
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 ISC Coordination
and Facilitation Services Agreement provides that neither ISC nor its agents shall act as
officers, employees, or agents of Parties. Contributing Counties recognize that ISC shall
Exhibit 2
Page 8 of 24
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
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,
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. 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 email to the addresses listed
below. Notice will be effective upon mailing. The addresses for notice shall remain as set
forth herein unless and until changed by providing notice of such change in accordance
with the provisions of this section.
FOR BROWARD:
Broward County Environmental Protection and Growth Management Department
Attn: Jennifer Jurado, PhD, Deputy Director
Governmental Center, Room 329B
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Email address: jjurado@broward.org
FOR MIAMI-DADE:
Miami-Dade Office of Resilience, Regulatory& Economic Resources Department
Attn: Nichole Hefty, Deputy Resilience Officer
Stephen P. Clark Center
111 NW 1st Street, 12th Floor
Miami, Florida 33128
Email address: Nichole.Hefty@miamidade.gov
FOR MONROE:
Monroe County Administration
Attn: Rhonda Haag, Chief Resilience Officer
102050 Overseas Highway, Ste. 246
Key Largo, FL 33037
Email address: Haag-Rhonda@MonroeCounty-FL.Gov
Exhibit 2
Page 9 of 24
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: MSHouston@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
Parties. If any party violates this provision, any other party shall have the right to
immediately terminate this Agreement by providing notice per section 9.7.
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. Any Parties'failure to enforce
any provision of this Agreement shall not be deemed a waiver of such provision or
modification of this Agreement. A waiver of any breach of a provision of this Agreement
shall not be deemed a waiver of any subsequent breach and shall not be construed to be
a modification of the terms of this Agreement.
9.10 Compliance with Laws. The Parties shall comply with all applicable federal, state, and
local laws, codes, ordinances, rules, and regulations in performing its duties,
responsibilities, and obligations pursuant to this Agreement.
9.11 Severability. In the event any part of this Agreement is found to be unenforceable by any
court of competent jurisdiction, that part shall be deemed severed from this Agreement
and the balance of this Agreement shall remain in full force and effect.
9.12 Joint Preparation. This Agreement has been jointly prepared by the Parties hereto, and
shall not be construed more strictly against any party.
9.13 Interpretation. The headings contained in this Agreement are for reference purposes only
and shall not in any way affect the meaning or interpretation of this Agreement. All
personal pronouns used in this Agreement shall include the other gender,and the 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.
Exhibit 2
Page 10 of 24
9.14 Priority of Provisions. If there is a conflict or inconsistency between any term, statement,
requirement, or provision of any document or exhibit attached hereto or referenced or
incorporated herein and any provision of Articles 1 through 9 of this Agreement, the
provisions contained in Articles 1 through 9 shall prevail and be given effect.
9.15 Law, Jurisdiction, Venue, Waiver of Jury Trial. This Agreement shall be interpreted and
construed in accordance with and governed by the laws of the state of Florida. The Parties
agree that the exclusive venue for any lawsuit arising from, related to, or in connection
with this Agreement shall be in the state courts of the Seventeenth Judicial Circuit in and
for Broward County, Florida. If any claim arising from, related to, or in connection with
this Agreement must be litigated in federal court, the Parties agree that the exclusive
venue for any such lawsuit shall be in the United States District Court or United States
Bankruptcy Court for the Southern District of Florida. BY ENTERING INTO THIS
AGREEMENT, THE PARTIES HEREBY EXPRESSLY WAIVE ANY RIGHTS THE PARTIES MAY
HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. IF
A PARTY FAILS TO WITHDRAW A REQUEST FOR A JURY TRIAL IN A LAWSUIT ARISING
OUT OF THIS AGREEMENT AFTER WRITTEN NOTICE BY ANY OTHER PARTY OF VIOLATION
OF THIS SECTION,THE PARTY MAKING THE REQUEST FOR JURY TRIAL SHALL BE LIABLE
FOR THE REASONABLE ATTORNEYS' FEES AND COSTS OF ALL OTHER PARTIES IN
CONTESTING THE REQUEST FOR JURY TRIAL,AND SUCH AMOUNTS SHALL BE AWARDED
BY THE COURT IN ADJUDICATING THE MOTION.
9.16 Amendments. No modification, amendment, or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document prepared with
the same or similar formality as this Agreement and executed by the Board and
Contributing Counties or others delegated authority or otherwise authorized to execute
same on their behalf.
9.17 Prior Agreements. This Agreement represents the final and complete understanding of
the Parties regarding the subject matter hereof and supersedes all prior and
contemporaneous negotiations and discussions regarding that subject matter. There is
no commitment, agreement, or understanding concerning the subject matter of this
Agreement that is not contained in this written document.
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
Exhibit 2
Page 11 of 24
interest, including for post-judgment interest, if such application would be
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
prejudgment interest or for any other purpose, shall be, to the full extent
permissible under applicable law, 0.25% (one quarter of one percent) simple
interest(uncompounded).
9.19 Incorporation by Reference. Any and all Recital clauses stated above are true and correct
and are incorporated herein by reference. The attached Exhibits are incorporated into
and made a part of this Agreement.
9.20 Representation of Authority. Each individual executing this Agreement on behalf of a
party hereto hereby represents and warrants that he or she is,on the date he or she signs
this Agreement, duly authorized by all necessary and appropriate action to execute this
Agreement on behalf of such party and does so with full legal authority.
9.21 Counterparts and Multiple Originals. This Agreement may be executed in multiple
originals, and may be executed in counterparts, each of which shall be deemed to be an
original, but all of which,taken together,shall constitute one and the same agreement.
9.22 Contingency Fee. Each of the Parties represents that it has not paid or agreed to pay any
person or entity, other than a bona fide employee working solely for a party, any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from
the award or making of this Agreement.
9.23 Use of Broward Logo. Contributing Counties shall not use Broward's name, logo, or
otherwise refer to this Agreement in any marketing or publicity materials without the
prior written consent of Broward. Broward consents to use of its name and logo in
marketing and publicity materials related to the Compact by the Contributing Counties.
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
performance by the force majeure event shall have the right to terminate this Agreement
Exhibit 2
Page 12 of 24
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.)
Exhibit 2
Page 13 of 24
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 a day of
1—CAo,,L CV\1\ 201-\ and Contributing Counties,signing by and through their officials,duly
authorized to execute same.
BROWARD
ATFES� BROWARD COUNTY, by and through
�_O/y. /� / / {/ its Board of County Commissioners
�^I'ai•�//L,i�r/i/tr�•'v' Commly issioners
by STEVE n.
STEVE A. GELLER Dauer+
By: Dale'.2021.021616:41:50-0500'
Broward County Administrator,as ' /I
Ex-bff /icio Clerk of the Broward County I day of 1'QX0.1901 20d`
Board of County Commissioners
` t` r11151ir2 t /'" Approved as to form by
,A t AndrewJ. Meyers
````:.{ G....MYSS,'z, Broward County Attorney
Governmental Center, Suite 423
2 ;. '2's 115 South Andrews Avenue
?. ; CREATED ; 1.14 Fort Lauderdale, Florida 33301
•
0 •a OCT 1st a; A= Telephone: (954)357-7600
-U - 1915 e i GE Telecopier: (954)357-7641
9 O:
•'•.0 �: Damns Y. ugsNy signed by Damansv.
I •.,1bUHt'f,% • Hanlon
By: Henlon
aazjt'ttrnu*n�t�%..... •
``` Damaris Y. Henlon Dale:�°2,m.,orz(Date)
Assistant County Attorney
MAITE Digitally signed by MATTE
AZCOITIA
By; AZCOITIA Date.2021 m„11:1619 a5v0'
Maite Azcoitia (Date)
Deputy County Attorney
INTEILLOCAL AGREEMENT AMONG BRO W ARD COUNTY,MIAMI-DADE COUNTY,
MONROE COUNTY,AND PALM BEACH COUNTY FOR COST SHARE SUPPORT OF SERVICES FOR
THE SOUTHEAST FLORWA REGIONAL CLIMATE CHANGE COMPACT
MIAMI-DAD£
WITNESSES: MIAMI- E COU
! " . / /�,t11w By:
Signature '( i 'gnor
Print Na r Witness above Print nd Title C ;e e6 fern4-i'ots
• e mot b&A«6rm4e0
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Print Name of Witness above
• ,. .te Secre-v other son
authorized to a
(CORpkTE SFSLaki RY)
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Page 14 of 24
22
•
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 CUMATE CHANGE COMPACT
?mow, MONROE
1
BOARD OF COUNTY COMMISSIONERS
°`, B a:f IN MADOK, CLERK Of MONROE COUNTY, FLORIDA
BY BY
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Page 15 of 24
INfERtOCAL AGREEMENT AMONG BROWARD COUNTY,MIAMI-DARE COUNTY,
MONROE COUNTY,AND PALM BEACH COUNTY FOR COST SHARE SUPPORT OF SERVICES FOR
THE SOUTHEAST FLORIDA REGIONAL CLIMATE CHANGE COMPACT
PALM BEACH R 2 0 2 0 184 7
PALM BEACH COUNTY
i
sass. BY d.
Mayor
yorDave Kerner
Print Name Aness above Print Name
day itt 0 d Mi20_
re
Y
Print Name of Witness above AT YC�'Pi
ATTEST: �� ..
Sharon R. Bock. '
■, a
Approved as to Form and I al Sufficiency By. fa /t_ °f y 1 11 p%
�' C/ �:.P pia 32:
County Attorney
(CORPORATE SEAL OR NOTARY)
APPROVED AS
TO TERMS AND CONDMONS
By J O^'� 10 /
Department Director
Page 16 of 24
Exhibit 2
Page 17 of 24
Exhibit A—ISC Scope of Services
Support for the Southeast Florida Regional Climate Change Compact
Statement of Work for FY2021—2023
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 ("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. With respect to the Compact Leadership Committee ("CLC"), 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.
Task 1: Provide Secretariat Services for the Compact
Task 1.1: Compact Leadership Committee Meeting Support
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 Compact; developing meeting agendas in
partnership with the CLC and/or chairperson, as appropriate;compiling hot topics for discussion
with the Compact; facilitating communications by Compact partners; assembling requests for
Compact support and engagement; and conducting tasks in accordance with all applicable laws.
Task 1.2: Biannual (2x annually)Compact Retreats
Representative tasks include: Identifying key strategic and management issues for the ongoing
success of the Compact; providing strategic advice to the CLC and associated staff from the
Parties; developing the retreat agenda with input by CLC and resilience staff from the Parties;
conducting the retreat in accordance with all applicable laws, and paying for various retreat-
related expenses for all attendees, including venue and audiovisual equipment costs, if
applicable, ISC staff travel costs, breakfast and lunch, printing, and other miscellaneous costs.
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 CLC or the Contract Administrator, as appropriate, 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; developing an annual Compact work plan in
collaboration with the CLC and the Contract Administrator, as appropriate, to guide Compact's
annual work priorities and deliverables; maintaining a timeline; and developing processes to
achieve deliverables.
Exhibit 2
Page 18 of 24
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 CLC and Contract Administrator, as appropriate.
Task 1.6: 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 Compact-branded guidance
products, tools, and reports, as requested by the working groups; and conducting all tasks in
compliance with all applicable laws.
Task 2: Provide Implementation Support for the Regional Climate Action Plan ("RCAP")
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 Compact website. ISC must pay for all
workshop event costs, including ISC staff travel costs, venue, audiovisual equipment, catering,
printing, and other miscellaneous costs. The CLC shall decide on an annual basis the distribution
of meeting locations to be held among the four Counties, with preference given to rotating
meeting locations among each of the Counties.
Task 2.2: RCAP Resources and Guidance Products
Representative tasks include: Developing and providing continual updates to an online library of
curated and reviewed resources to accompany RCAP recommendations. Additionally, at the
Compact's request, ISC will develop RCAP Implementation Guidance Products to support
workshop topics, typically 8-20 page reports that compile all resources provided by workshop
speakers on a given topic, as well as additional case studies, technical information, tools, policy
guidance,or useful information to support implementation of recommendations.
Task 2.3:Conduct a Regional Greenhouse Gas Inventory
Representative tasks include: At the Compact's request, ISC will develop inventory scope in
collaboration with guidance from the CLC and Contract Administrator, as appropriate;obtaining
data from all relevant sources across the region; analyzing data; writing, formatting, and
publishing a report containing conclusions about regional emissions.
Exhibit 2
Page 19 of 24
Task 2.4: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.
Task 3:Coordinate the Third RCAP Analysis and Planning("RCAP 3.0")
Task 3.1: Provide Support for RCAP Analysis Activities
Representative tasks include: Working with the CLC and relevant subject matter experts to
prepare for the Third Regional Climate Action Plan ("RCAP 3.0") document by the end of 2022;
providing logistical and facilitation support; assisting with document preparation and
finalization; managing review and comment processes for draft documents; surveying local
governments to assess implementation status of the Second Regional Climate Action Plan
(2017) ("RCAP 2.0"); conducting gap analysis.
Task 3.2: Multi Stakeholder Engagement Support
Representative tasks include: Developing a regional stakeholder landscape map in partnership
with the CLC and facilitating/staffing the CLC in the creation of a regional stakeholder
communications and engagement strategy in advance of developing RCAP 3.0.
Task 3.3: Provide Support for RCAP Strategy Development
Representative tasks include: Working with the CLC and subject matter experts to structure
and support topically organized RCAP 3.0 strategy working groups; providing logistical and
facilitation support as needed; strategic and technical advice on climate strategies; assisting
with draft RCAP preparation and finalization; managing review and comment processes for
draft documents.
Task 3.4: Provide Support for Final RCAP 3.0 Production
Representative tasks include: Working with the CLC to finalize RCAP 3.0 by analyzing public
comments; revising draft RCAP 3.0 content as needed; updating Compact RCAP website
platform with all new content; producing the final layout version of RCAP 3.0 in pdf format.
Task 4:Compact Communications Support
Task 4.1:Compact Website and Compact Currents
•
Exhibit 2
Page 20 of 24
Representative tasks include: Providing ongoing support and maintenance to the Compact
website; developing new content and pages on the Compact site; developing and delivering
Compact Currents,the Compact's quarterly e-newsletter.
Task 4.2: Press/Media Relations and External Inquiries Support
Representative tasks include: Fielding and responding to media requests on behalf of the
Compact when appropriate; directing reporters to relevant CLC members or Parties' resilience
staff; speaking to reporters on background; developing talking points for Parties with press;
tracking all relevant press; and responding to Compact email inquiries, as requested by resilience
staff from the Parties and the Contract Administrator, as appropriate.
Task 4.3: Compact Communication Collateral Development and Maintenance
Representative tasks include: Developing and updating templates for Compact presentations for
use by Parties;developing and updating Compact fact sheets and other communication pieces as
requested by the Parties, or as required by the circumstances.
Deliverables
ISC must provide a quarterly narrative report detailing activities across these four 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 grass 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 the United States Agency for International
Development, ISC's cognizant audit agency.
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
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.
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 28.75%percent of its modified total direct cost base.
a
Exhibit 2
Page 21 of 24
Attachment A to Exhibit A
afttUSAID
Mel et OnstraN FIORE
Sepawhe 26,2018
Chastise Settles,Sr.nos=Manager
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Exhibit 2
Page 22 of 24
USAID
NEGOTIATED INDIRECT COST RATE AGREEMENT
September 26,2018
ORGANIZATION
%site for Sostdoa6k Coc®xmidas
535 Stem Cutters Way
Montpeliee,Vermont 05602
The cow eppmed in die Agreement roe§x me on pan%cacti end adia speemmn with
the Federal Government to whir*2 Code of Fedad Regulations(CFR)200 applies,naked to
the art in section ILA, below. The tme(s) were negotiated by tie U.S. Apmy S
International Developaat in smotdance with dm authority ®Yioed in Appendix[ IV,
Parapap6 C.2(a)of the CFR.
&chow I:NEGOTIATED INDIRECT COST RATES
EFFECTIVE PERIOD TIDItRCT COST RATES
FRINGE&WRI3S OVERHEAD
TYPE FROM THROUGH (a) (b)
Final 1041-16 09.30-17 27.53% 21158%
Pmevidonal 1001-17 Until Metaled 31.0t% 25.75%
BetutAmisitha
(a) Taal odor %Elm emNtlog wheal iwcontty MO Swim, expatriate allowances
Mxaan allowances sod tempany see
(b)Teal comb excluding osakeed mama,donated services and sahawads®excess of
$25,000 per eahsawed
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Exhibit 2
Page 23 of 24
SECRON It GENERAL
A. I9lMfATTOPt Us of the rains)coeod in this At is abject b all seem t
ego ere knit oat aid is epplinble to a given gran oast*or otherageem[rely
to the cant tilt fade at.wthble Ameams of tie eae(s)agent to herein is panned
opa the fdbwSg tender d
1. That w coast other bee tie inand by the teat or notate I. the
gsledsnbeter vie ea appeved meal eat cot.Rxetim pis we ichded in its
into cad men pooped at that each tamed cm as legal Angs = of the
gerneetortanored moose ender the govern*cast pepPks.
2. That the Wtimsna provided by the gaeefecset whin we and e e bads 4t
eotyteee tithe eana)to herein is not fated b be esily ineaaelc,
3. That the sae core tint haw been heed as Winn cos here not bee timed a dose
s and
4. That similar typo of ass have been scanned vootimtseaeent.
a ACCOUNTING (ilAAWWS: lie patmtcmeee 6 retired to panne wren
notification to the Wien cost eegotis pies to implsmofisg ray tunes whin weld
affect the sppiesr sy of the append tee. Arty chests in erzettis pantie include
chutes in the method of charges a meat type of et as Meet Of safest and theists
it the Winn act dead=haw m allocation etiddegy tape the prier meet tithe
Once of Ovdmd,Special Coe ad Oman(OCC). Pelee to obis nth pies mitre
spawn may ramps cat ineteca.
C. NfTCR7CAl10N AItAtthINCtel.A con of this docent is to be pbvided by
the mattes to other Fetal tang somas t a ten of rmd[yvag than of the
Agreement eaten fees
D. ptOVERIONAL-FINAL RA1'j&The 6eedmsae or meet submit a popon to oldish
a fir same cast ate within nee menthe leer M.final yew ad. Billings and canes in
Federal evade met he Stied if the fun me wade free the peovisiot ems If the fit
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addfins SScs web the aegaae=ray not neat chi anima coon Cowen*,if
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the anon to the flooding agony.
Exhibit 2
Page 24 of 24
E SPECIAL REMARKS:
1. hd'aeat costs charged to Fdml gradriconteacts by means other than the s. )cited in the
ageeasm*add be adjated to the applicable rods)cited harem which should be applied to
the appropriate base to identify the prope nowt of indirect costa sgeaabk to the p erao.
2. Or act providing for Galina as to the®direct coat raids)or amood(s),wbiaL arc
radiated in Seam I dove,will be ndgect to the odic.etipdakd in the Watt,contact or
other agreement The ceiling rude) or the rods) cited ia this A . A.geea Micro is
lower, will be need to determine the maximum dlowable loaned oast of the pant a
contract agreement.
3. The rob Say amoved me subject to mat&revleo by the Goverment at say lime tear
roe is deemed mam= or vsmootk. You am repeated to advise the Omvtamm
promptly d say dramiatca,which could affect the applicability of the approved Nee.
4. Yon are dheeled to submit adjustment or find B®ckl expenditure reports(SF425)fa all
&ally prod Wants end t roommate or adJmmeet or find voabma flit all flatly
priced ommada wig 120 days.ter adslmad of the Bed Ramat indirect neat rates Aught
e§ensat dmW be dearly delineated so as to be readily idemtfiahk for raificaBan by
IS office. Care Maki be taken that ammo claimed do not exceed award limitation or
irdbect cod ode ceilings. USAID will deobligoe any remaining Benda if the raped
fnencid erpeadmm repots or vouchers me net submitted within 120 days. Once the
money is daablgmd,it will not be Masted.
ACCEPTED:hWilybe for 90 Communities
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M`ca1MkS .5"trard7 Agreement Officer
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