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Item O5 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 17, 2013 Division: County Administrator Bulk Item: Yes No _ Department: County Administrator Staff Contact/Phone#: Rhonda Haag,453-8774 AGENDA ITEM WORDING: Approval to advertise a Request for Proposals for development of a comprehensive Sustainability Action Plan with climate change and energy savings initiatives. ITEM BACKGROUND: The Sustainability Action Plan will consist of strategies, policies, and tools to create sustainable initiatives, reduce greenhouse gas emissions and increase energy and water efficiency and conservation practices county-wide. The Plan will serve as the blueprint for the County's Sustainability Office and initiatives. A process shall be included to measure the County's performance and progress on Sustainability initiatives over time PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: $100,000 Budgeted INDIRECT COST: BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: $ SOURCE OF FUNDS: REVENUE PRODUCING: Yes No X AMi,-O(U�NT PER MONTH Year �ry� APPROVED BY: County Atty OMB/Purchasing Risk Managements I J� DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM# CAD # MONROE COUNTY REQUEST FOR PROPOSALS FOR DEVELOPMENT OF A SUSTAINABILITY ACTION PLAN WITH CLIMATE CHANGE AND ENERGY SAVINGS INITIATIVES BOARD OF COUNTY COMMISSIONERS Mayor, George Neugent, District 2 Mayor Pro Tem, Heather Carruthers, District 3 Danny L. Kolhage, District 1 David Rice, District 4 Sylvia J. Murphy, District 5 COUNTY ADMINISTRATOR Roman Gastesi CLERK OF THE CIRCUIT COURT EMPLOYEE SERVICES DIVISION Amy Heavilin Human Resources JULY -- 2013 1 of 46 NOTICE OF REQUEST FOR PROPOSALS NOTICE IS HEREBY GIVEN TO INTERESTED PERSONS that the Procurement Office of Monroe County, Florida, will receive formal proposals for the following: DEVELOPMENT OF A 5-YEAR SUSTAINABILITY ACTION PLAN FOR MONROE COUNTY, FLORIDA Monroe County is seeking services from experienced firms to prepare a comprehensive 5-year Sustainability Action Plan for County priorities. The action plan will consist of strategies, policies, and tools to create sustainable initiatives, reduce greenhouse gas emissions and increase energy and water efficiency and conservation countywide. All inquiries or requests should be directed, in writing, to Rhonda Haag, Sustainability Manager, via email to haag-rhondagmonroecounty-fl.gov. All answers will be by Addenda. Inquiries may also be sent to: Rhonda Haag, 102050 Overseas Highway, Ste. 212, Key Largo, FL 33037 Interested firms are requested to indicate their interest by submitting Four (4) complete packages of their Statement of Proposals to: Monroe County Procurement Office, 1100 Simonton Street, Ste.213, Key West, FL 33040 They shall be delivered in person or U.S. Mail with the header "RFP—Sustainability Action Plan ". All Responses must be received by the Procurement Office before 3:00 P.M. on August 19,2013 . Any Responses received after this date and time will be automatically rejected. Proposals may be delivered via email, or by Certified Mail, Return Receipt Requested, hand-delivered, or couriered. Hand delivered Responses may request a receipt. If sent by mail or by courier, the above-mentioned envelope shall be enclosed in another envelope addressed to the entity and address stated above. Responders should be aware that certain "express mail" services will not guarantee specific time delivery to Key West, Florida. It is the sole responsibility of each Responder to ensure its quote is received in a timely fashion. All submissions must remain valid for a period of ninety (90) days from the date of the deadline for submission stated above. The County will automatically reject the Response of any person or affiliate who appears on the convicted vendor list prepared by the Department of Management Services, State of Florida, under Sec. 287.133(3) (d), Florida Statutes. Monroe County declares that all or portions of the documents and work papers and other forms of deliverables pursuant to this request shall be subject to reuse by the County. When staff has agreed with the person/firm upon a mutually satisfactory contract, the contract will be brought before the County Commission for final approval. No binding contract is created between any person/firm and the County until such time as a contract is approved by the County Commission. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. The Board reserves the right to reject any or all Responses, to waive informalities in any or all Responses, to reissue the Request for Proposals; and to separately accept or reject any item or items and to award and/or negotiate a contract in the best interest of the County. 2 of 46 TABLE OF CONTENTS SECTION 1 INSTRUCTIONS TO PROPOSERS 1.1 Purpose 1.2 Background Information on the Project 1.3 Requirements 1.4 Evaluation Criteria 1.5 Requests for Additional Information 1.6 Content of Submission 1.7 Format: Cover Letter Tabbed Sections 1.8 Copies of RFP Documents 1.9 Statement of Proposal Requirements 1.10 Disqualification of Proposers 1.11 Examination of RFP Documents 1.12 Governing Laws and Requirements 1.13 Preparation of Responses 1.14 Modification of Responses 1.15 Responsibility of Respondent 1.16 Receipt and Opening of Responses 1.17 Award of Contract 1.18 Certificate of Insurance and Insurance Requirements 1.19 Indemnification 1.10 Execution of Contract SECTION 2 SAMPLE AGREEMENT SECTION 3 COUNTY FORMS 3.1 Submission Response Form 3.2 Lobbying and Conflict of Interest Ethics Clause 3.3 Non-Collusion Affidavit 3.4 Drug Free Workplace Form 3.5 Public Entity Crime Statement 3.6 Local Preference Form SECTION 4- SCOPE OF SERVICES SECTION 5 - REFERENCED DOCUMENTS 1. Monroe County draft Climate Action Plan 2. Energy Efficiency Conservation Strategy 3. GHG Report 4. Vision Statement 5. Monroe County Comprehensive Plan - draft Climate and Energy Element The following link contains copies of the above referenced documents: http://fl-monroecounty.civicplus.com/index.aspx?NID=543 3 of 46 SECTION ONE: INSTRUCTIONS TO PROPOSERS 1.1 Purpose This Request for Proposals (RFP) is issued to request Proposals from experienced and visionary firms interested in developing a premier Sustainability Action Plan for Monroe County, located in the Florida Keys. This SAP will serve as a blueprint for the County's new Sustainability Office and initiatives. It is understood that this Request for Proposals will be used by the County as the basis to qualify and select firm(s) for further consideration. This RFP is issued by the County to provide potential firms with information, guidelines and rules to prepare and submit a proposal. The submittal must satisfy all criteria established in this RFP to qualify for evaluation. Any written proposals, other submissions, correspondence and all records made thereof, as well as invitations to propose pursuant to this RFP shall be opened in public in compliance with Florida law governing public records and meetings. Monroe County ("County") is soliciting technical and cost proposals from highly qualified and experienced firms to develop a cutting edge comprehensive 5-year Sustainability Action Plan (SAP) through the preparation of innovative strategies, policies, and tools aimed to create sustainable initiatives, increase energy and water efficiency, promote resource conservation, develop climate resiliency strategies, and reduce greenhouse gas emissions county wide. The County operations and community-wide GHGE inventory will be updated based upon existing protocols or as directed by the County to develop and achieve the County's future GHGE reduction goals. A process shall be included in the proposal to measure the County's performance and progress over time. The Firm shall also provide graphic design to brand Monroe County's sustainability initiatives and assist in the development of web tools and pages to effectively seek public input and convey the sustainability plan in an interactive, engaging, transparent, and useful manner through the sustainability website. The future website shall allow the public to monitor progress toward achievement of sustainability goals Development of the SAP will involve: 1) Creating sustainable policies, initiatives and strategies; 2) Reviewing, analyzing and updating the results of a greenhouse gas emissions (GHGE) inventory for both county operations and the community within the County limits; 3) Preparing a long range SAP recommending target GHG reduction areas; 4) Preparing preliminary policy recommendations for consideration by the County Commission; 5) Providing a detailed implementation strategy; and 6) A process to measure performance and progress. The implementation strategy to be developed must clearly define a timeline to develop and complete each component of the SAP along with prioritized goals to be 4 of 46 accomplished across the short, medium, and long range planning spectrum. The development of a comprehensive sustainability action plan (SAP) is essential to advance the County's energy conservation, climate and environmental sustainability goals. The SAP will serve as the foundation for guiding the County's efforts to meet its objectives in this important arena and provide a tangible document that can be used to 1) highlight the County's sustainability initiatives; 2) demonstrate the County's commitment to sustainability; 3) support funding requests, and 4) educate the community. The County has a budget of $100,000. If Proposer believes that the Core Services cannot be completed for $100,000 or less, it may choose to submit a lesser scope, which must clearly identify those elements of the scope that are not included and how the Proposer suggests they be accomplished given their importance to the overall Plan. The Proposer may also offer additional Optional Services that would improve the overall implementation of the Sustainability Action Plan, which the County may accept at its discretion. These Optional Services may exceed the budgeted amount and may be accepted by the County at its discretion. 1.2 Background Information about the Project 1.2.1 Monroe County: Monroe County ("County") is a non-chartered county established under the Constitution and the laws of the State of Florida. The population of the County is approximately 73,000 as of the 2010 census. Monroe County is the southernmost county in the United States. It is comprised of the Florida Keys and a portion of the Florida Everglades. The Florida Keys are an archipelago of islands stretching from Key West, only 90 miles from Cuba, up to the mainland. In addition to the unincorporated county, there are five municipalities in the Florida Keys: Key West, Marathon, Key Colony Beach, Layton, and Islamorada. Further information about the demographics of the County can be found here: hftp://www.monroecounty- fl.gov/index.aspx?NID=27. Approximately one-third of the population is situated in the County of Key West, which is the county seat; however, the County offers services throughout the Keys, and has government buildings throughout the Lower Keys (primarily Big Pine Key), Middle Keys (primarily Marathon), and Upper Keys (primarily Plantation Key and Key Largo) in addition to Key West, with employees stationed in all locations. 1.2.2 Climate Change Effects: As climate change accelerates in the coming decades, extreme events, such as droughts, flooding and hurricanes will become more common. Without preparation to reduce climate change effects, extreme events will create high risks for human life, natural resources, and infrastructure. The Florida Keys are particularly vulnerable. Climate change is already affecting all sectors of local communities, including infrastructure, agriculture, fisheries, human health, emergency response, water supply, and many others. Coastal communities have already experienced severe impacts from rising seas combined with storm surges and human- 5 of 46 caused stressors such as drilling and coral reef degradation. On a relative scale, however, these impacts will seem small compared to those expected in the coming decade from the acceleration of climate change. It is imperative that these communities put plans in place now to reduce the effects of climate change and therefore reduce their vulnerability. The fragile chain of islands that make up the Florida Keys is a prime example of a region with a wide range of needs driven by significant exposure to both near-term and long-term events. The Florida Keys are a coral archipelago, beginning at the southeastern tip of the Florida peninsula, and extending more than a hundred miles to Key West, the westernmost of the inhabited islands, and on to the uninhabited Dry Tortugas. The low-lying Florida Keys are especially vulnerable to climate change due to sea level rise, the increasing likelihood of severe storms, ocean acidification, and a shortage of fresh water resources. Vulnerable resources include coastal property, business associated with fisheries and recreation, coastal wells that serve residences and agriculture, beach related tourism, wetland and marsh habitat, and intertidal and marine ecosystems and species. Drought and its wide-ranging impacts are also an ongoing concern. The US Fish and Wildlife Service in their August 2012 drought status and climate outlook, projected that the next 12 months would be "abnormally dry" in South Florida. The area is home to the Florida Keys National Marine Sanctuary. Administered by NOAA and jointly managed with the State of Florida, the Sanctuary protects 2,900 square nautical miles of waters. Within its boundaries lie spectacular, unique, and nationally significant marine resources, from the world's third largest barrier reef, extensive sea grass beds, mangrove-fringed islands, and more than 6,000 species of marine life. The Keys of Florida are also home to one of the most valuable commercial fisheries in the country, according to Sea Grant findings. The area typically ranks fourth to sixth in the nation in terms of value of landed product. Major fisheries include the spiny lobster, shrimp, and stone crab as well as sponges, snappers, mackerels, and groupers. Likewise the Keys have a large for-hire offshore charter and inshore flats guide- boat fishing fleet and over 100 dive boat operations to serve the 2 million tourists who come to the area annually primarily for fishing or diving. Monroe County is in a particularly difficult situation because it needs to address two major issues. Long-term impacts of sea level rise, which may at some future point make the islands uninhabitable, is already a concern. In the meantime, however, it is likely that the area may experience more extreme weather events, particularly hurricanes and tropical storms. At the same time, the County's supply of fresh water for public usage and industry is vulnerable. Monroe County's domestic, municipal, and industrial water comes via pipe 6 of 46 from Dade County. Saltwater intrusion adds another complexity to an already difficult situation 1.2.3 Sustainability and Climate Initiatives: Monroe County has begun a number of initiatives to institutionalize sustainability within the County as an organization and promote a balanced approach to addressing community challenges. The development of a comprehensive Sustainability Action Plan was identified as a key component of the County's strategy to become a more sustainable community. A Sustainability Plan provides the framework to guide efforts, merging community-wide goals for improving sustainability. The sustainability planning process consists of five typical milestones with a "pre- milestone planning" phase that requires making a unified commitment and organizing a team to tackle sustainability issues. Monroe County began the Pre-milestone planning phase in 2011 with the creation of the Climate Change Advisory Committee (CCAC). The CCAC created a draft Climate Action Plan which was accepted in March, 2013. An Energy Efficiency Conservation Strategy was developed in 2012. These combined efforts completed the pre-milestone planning phase. In February 2012, the Monroe Board of County Commissioners created the Sustainability Program Manager position, completing Milestone one. Milestone two specifies setting sustainability goals. Milestones three and four involve developing and implementing a sustainability plan respectively. Milestone five entails monitoring and evaluating the implementation process. Each milestone includes public engagement. 1.2.4 EECBG: The County previously participated in the federal stimulus program, the Energy Efficiency and Conservation Block Grant (EECBG). An Energy Efficiency Conservation Strategy (EECS) has been developed as part of the EECBG grant, which will be incorporated and expanded in the comprehensive Sustainability Action Plan, utilizing issues identified in the EECS, the Vision of the County's Green Task Force, the draft Monroe County Climate Action Plan, through coordination with the County Commission, County staff (including Sustainability Team), and additional citizen involvement and community engagement. The EECS contains a greenhouse gas inventory of county facilities. A community inventory has been gathered and is included in the EECS. 1.2.5 CCAC: The Monroe County Climate Change Action Committee (CCAC) was developed as a mixture of citizen and professional volunteers that met regularly over the past two years to develop a Climate Action Plan, which was provided to the County as a draft in March, 2013. Proposers are urged to review and use these documents located at http://fl-monroecounty.civicplus.com/index.aspx?NID=543 in preparation of their responses to this RFP. 1 1.3 Requirements The qualified firm will offer qualifications and experience in the realms of technical analysis, sustainability policy development, climate adaptation, integrated land use and transportation planning, land development regulation and public engagement. The firm 7 of 46 will work collectively with the Sustainability Program Manager and other representatives of County departments, Climate Change Advisory Committee, volunteers from the community, other governmental agencies, and utilities' providers to complete the scope of work. The firm must first and foremost have a leading edge vision of sustainability and climate issues, and the means to implement the vision by determining the best sustainability strategies suited for Monroe County and the Florida Keys. The firm shall also have high levels of professional experience in the fields of sustainability, climate adaptation, energy efficiency and conservation, renewable energy, water efficiency and conservation, and environmental sustainability to assist the County by identifying projects with the greatest opportunity for sustainability, returns on investment, environmental impact and planning for resiliency. Additionally the firm must be familiar with globally accepted protocols for determining greenhouse gas emissions and reduction goals. The firm must also be familiar with external funding opportunities to perpetuate opportunities for implementation. 1.4 Evaluation Criteria Areas of consideration include but are not limited to: Maximum Tab Criteria Points 1 Letter and Executive Summary 5 2 Relevant Experience 20 3 Quality of Past Performance on Similar Projects 10 4A Sustainability Vision Statement 20 4B Project Approach 30 4C Synopsis of Sustainability 10 5 Qualifications of Consultant, Sub consultants, and project 40 manager 6 Other: Familiarity with Monroe County; clients in USA, FL, SE FL, 20 and Monroe County; value added options; other information 7 Local Preference . 5 8 Cost 40 9 Litigation 0 10 County Forms 0 TOTAL Points 200 Note: In order to qualify and proceed to interviews / presentations as a qualified firm, a minimum of 160 points must be obtained on the evaluation criteria. 8 of 46 1.5 Requests for Additional Information or Clarification Requests for additional information or clarification relating to the specifications of this Request for Proposals shall be submitted in writing directly to: Rhonda Haag, Sustainability Program Manager Monroe County Government and Cultural Center 102050 Overseas Highway, Ste. 212 Key Largo, FL 33037 All requests for additional information must be received no later than 3:00 PM, August 19, 2013. Any requests received after that date and time will not be answered. If an answer is issued, an addendum to the RFP will be issued shortly thereafter and distributed to all interested proposers, responding with the County's best ability to answer all questions. Verbal requests will not be answered. All addenda are a part of the contract documents and each Proposer will be bound by such addenda, whether or not received by him/her. It is the responsibility of each Proposer to verify that he/she has received all addenda issued before responses are opened. 1.6 Content of Submission The proposal submitted in response to this Request for Proposals (RFP) shall be printed on 8-1/2" x 11" white paper and bound; shall be clear and concise, tabulated, and provide the information requested herein. Four 4) proposals shall be provided (which includes one (1) original.) Statements submitted without the required information will not be considered. Responses shall be organized as indicated below. The Proposer should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration, since oral presentations or demonstrations may not be solicited. Each Proposer must submit adequate documentation to certify the Proposer's compliance with the County's requirements. Proposer should focus specifically on the information requested. 1.7 Format The response, at a minimum, shall include the following: 7A. Cover Letter The cover letter shall contain the Proposer's name, address, telephone number, and the name of the Proposer's contact person(s). It shall introduce the company including a brief overview of the firm's history, the corporate name, address and telephone number of corporate headquarters and the local office, number of years in business, names of principals and number of employees. 9 of 46 Indicate the State in which Proposer is incorporated or organized. If other than Florida, include evidence of authorization to do business in Florida. Include a reproduction of Corporate Charter Registration, if applicable. Identify the primary person responsible for this proposal. Briefly state the Proposer's understanding of the work to be done, and make a positive commitment to perform and complete the services. This letter must be signed by an individual authorized to bind the firm. Failure to meet this requirement may result in disqualification. 7B. Tabbed Sections Tab 1. Letter and Executive Summary The Proposer shall provide a narrative of the firm's qualities and capabilities that demonstrates how the firm will work with the County to fulfill the requirements of this Service. Tab 2. Relevant Experience The Proposer shall provide a project history of the firm or organization demonstrating experience with services that are similar in scope and size to the requested services. The proposal shall include information regarding combined team experience and past performance. Identify members of the project team and their anticipated roles for this project, and provide a summary of their previous experience. Include staff, as well as sub-consultants that will have key roles in the team organization chart. Provide concise, yet detailed, resumes for key team members. Make a statement of commitment that the team will remain committed to the project until completion. Proposer shall provide references for projects completed which collectively are sufficient to evidence that combined team experience meets the minimum requirements stated. Provide information regarding areas of specialization, and any other pertinent information in such a way to reasonably evaluate the firm's stability, strengths, and experience level. Reference information must describe the projects and include project budget (limit to one (1) page per project). Provide also the name, address, position, e- mail address and telephone number of the project coordinator. A reference contact person must be someone who has personal knowledge of the Proposer's performance for the specific requirement listed. The contact person must have been informed that they are being used as a reference and that the County may check references. 10 of 46 Tab 3. Quality of Past Performance on Similar Projects The Proposer shall provide a list of past projects indicating the following: Name and full address of the referenced project client Name and telephone number of client contact for referenced project Date of initiation and completion of contract Summary of the project and services In this section, please include at least two (copied) letters of reference from a former client which describes the services performed and the client's satisfaction with the services provided. Letters of reference are preferred, however, if the client desires to include firm surveys completed by clients, they will be considered. Letter of reference from a government (public entity) client are preferred. Tab 4. Project Approach 4A Sustainability Vision Statement. In an essay: (1) Share your understanding of sustainability from a broad perspective and your firm's perspective on the concept. (2) Explain your understanding of how and why the County wishes to implement this concept both internally and externally. (3) Indicate your vision of a Sustainability Action Plan for the County and the Florida Keys and why this Plan is important to the residents, visitors and environment. (4) Discuss your impressions of the County's Sustainability initiatives as they currently stand and how you would move forward through development of milestones two, three, four, and five. 4B Project Approach. Describe the firm's capabilities and approach toward this Project, including your proposed work program, schedule, and any other activities that will be necessary to complete the scope of work, Include a proposed activity schedule and any innovative methods or concepts that might be particularly helpful to accomplish this Project. Provide a statement of acknowledgement that the consultant understands this Project and its scope of work and goals. Affirm that you can meet the anticipated project schedule for the Core Services included in this document. If Proposer believes that the Core Services cannot be completed for $100,000 or less, clearly identify those elements of the scope which are not included and how the Proposer suggests they be accomplished given their importance to the 11 of 46 overall Project. 4C Synopsis of Sustainability Provide a synopsis of your firm's environmental and sustainability policies and initiatives as a firm or organization. Tab 5. Qualifications and Accomplishments of Consultant, Sub consultants, and Project Manager The Proposer shall describe the composition and structure of the firm (sole proprietorship, corporation, partnership, joint venture) and include names of persons with an interest in the firm. If the Proposer is anything other than an individual or sole proprietorship, the Proposer shall include a list of the proposed staff that will perform the work required and identify all sub-contractors that will be used, if awarded this contract. The Proposer shall also describe the qualifications for each employee on the project team and identify his/her role on the team. Tab 6. Other Information a) Describe your firm's familiarity with Monroe County, its previous sustainability efforts and the community's constraints and opportunities. b) Provide a description of your firm's understanding of water and wastewater operations as they relate to the updating of the GHG inventory and creation of goals, objectives, and policies. c) Describe the firm's completed projects for clients in the United States, Florida, in the Southeast region of the United States and for state and local government clients, particularly in Monroe County. d) Describe any additional value added benefits your firm/ organization can offer the County of Monroe County not enumerated in the scope of work, submittal requirement responses or evaluation criteria. e) Proposer shall provide any additional project experience that will give an indication of the Proposer's overall abilities. f) If the Proposer will require any other information from the County not included in this Request for Proposal or require from the County any information in a particular computerized format in order to carry out the Scope of Services in Exhibit A, the Proposer shall also include such request in this section, i.e. Tab 6. 12 of 46 g) If the Proposer cannot fully comply with any of the terms contained in the draft contract, shown in Section Two, all deviations to the terms must be spelled out in this section, i.e. Tab 6. Tab 7 — Project Location and Local Preference Include in this section the location of the main office, the location of the office proposed to work on this project, and a discussion of the following as it pertains to your proposal: The evaluation criteria includes evaluation points which recognize a preference for "local businesses" including, but not limited to, response time, experience in complying with or applying local regulations, local references, employment of local residents, and familiarity with the local market. A local preference may be assigned as follows: Individuals or firms which meet all of the criteria for a local business as set forth in this section, may be given a preference by awarding additional points in the overall scoring system as part of the overall evaluation factors of the selection committee. Any proposer claiming a local preference as defined in Monroe County Ordinance 023-2009 must complete the Local Preference Form and attach to the Proposal. Tab 8 Cost Proposal Provide a detailed budget & cost proposal, inclusive of reimbursable expenses. The Proposer shall set forth a schedule for project completion which includes a work plan and scope of work for each phase of the project, clearly identifying the tasks to be completed, the amount of time to complete, and approach to work. The work plan should also include any necessary meetings with employees, commissioners, and the public. The Quote Sheet shall include a total, which shall be an all-inclusive fee to be paid to the proposer. All costs to be paid to the Proposer shall be included. No additional costs or fees will be paid, including but not limited to travel costs, per diems, telephone charges, facsimile charges, and postage charges. In addition to the quote submitted for the Scope of Services outlined in this RFP, the Proposer may choose to suggest additional services and submit a quote for those services. Such additional services can be explained in the Quote Sheet. The County may or may not choose to hire the Proposer for the additional services. 13 of 46 Tab 9 Litigation In accordance with Section 2-347(h) of the Monroe County Code, please provide the following information: (1) A list of the person's or entity's shareholders with five (5) percent or more of the stock or, if a general partnership, a list of the general partners; or, if a limited liability company, a list of its members; or, if a solely owned proprietorship, names(s) of owner(s); (2) A list of the officers and directors of the entity; (3) The number of years the person or entity has been operating and, if different, the number of years it has been providing the services, goods, or construction services called for in the bid specifications (include a list of similar projects); (4) The number of years the person or entity has operated under its present name and any prior names; (5) Answers to the following questions regarding claims and suits: a. Has the person, principals, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, ever failed to complete work or provide the goods for which it has contracted? If yes, provide details; b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person, principal of the entity, or entity, or any entity previously owned, operated or directed by any of its officers, directors, or general partners? If yes, provide details; c. Has the person, principal of the entity, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, within the last five (5) years, been a party to any lawsuit, arbitration, or mediation with regard to a contract for services, goods or construction services similar to those requested in the specifications with private or public entities? If yes, provide details; d. Has the person, principal of the entity, or any entity previously owned, operated or directed by any of its officers, owners, partners, major shareholders or directors, ever initiated litigation against the county or been sued by the county in connection with a contract to provide services, goods or construction services? If yes, provide details; e. Whether, within the last five (5) years, the owner, an officer, general partner, principal, controlling shareholder or major creditor of the person or entity was an officer, director, general partner, principal, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for competitive solicitation; f. Customer references (minimum of three), including name, current address and current telephone number; g. Credit References (minimum of three), including name, current address and current telephone number; and h. Financial statements for the prior three years for the responding entity or for any entity that is a subsidiary to the responding entity. 14 of 46 Tab 10. County Forms Proposer shall complete and execute the forms specified below and located in Section 2 in this RFP, as well as copies of all business licenses and receipts for business tax and shall include them in this section: Forms • Submission Response Form • Lobbying and Conflict of Interest Ethics Clause • Non-Collusion Affidavit • Drug Free Workplace Form • Public Entity Crime Statement 1.8 COPIES OF RFP DOCUMENTS A. Only complete sets of RFP Documents will be issued and shall be used in preparing responses. The County does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets. B. Complete sets of RFP Documents may be obtained in the manner and at the locations stated in the Notice of Request for Proposals. 1.9 STATEMENT OF PROPOSAL REQUIREMENTS See also Notice of Request for Competitive Solicitation. Interested firms or individuals are requested to indicate their interest by submitting a total of four (4), [one (1) signed original and three (3) complete copies], of the proposal, in a sealed envelope clearly marked on the outside, with the Proposer's name and "PROPOSAL FOR MONROE COUNTY SUSTAINABILITY PLAN," addressed to Monroe County Purchasing Department, 1100 Simonton Street, Room 1-213, Key West, FL 33040, which must be received on or before 3:00 P.M. local time on August 19, 2013. Hand delivered Proposals may request a receipt. No proposals will be accepted after 3:00 P.M. Faxed or e-mailed proposals shall be automatically rejected. It is the sole responsibility of each Proposer to ensure its proposal is received in a timely fashion. 1.10 DISQUALIFICATION OF PROPOSER A. NON-COLLUSION AFFIDAVIT: Any person submitting a proposal in response to this invitation must execute the enclosed NON-COLLUSION AFFIDAVIT. If it is discovered that collusion exists among the Proposers, the proposals of all participants in such collusion shall be rejected, and no participants in such collusion will be considered in future proposals for the same work. 15 of 46 B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases or perform work as a contractor, supplier, subcontractor, or contractor under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Category Two: $25,000.00 C. DRUG-FREE WORKPLACE FORM: Any person submitting a bid or proposal in response to this invitation must execute the enclosed DRUG- FREE WORKPLACE FORM and submit it with his/her proposal. Failure to complete this form in every detail and submit it with the bid or proposal may result in immediate disqualification of the bid or proposal. D. LOBBYING AND CONFLICT OF INTEREST ETHICS CLAUSE: Any person submitting a bid or proposal in response to this invitation must execute the enclosed LOBBYING AND CONFLICT OF INTEREST CLAUSE and submit it with his/her bid or proposal. Failure to complete this form in every detail and submit it with the bid or proposal may result in immediate disqualification of the bid or proposal. 1.11 EXAMINATION OF RFP DOCUMENTS A. Each Proposer shall carefully examine the RFP and other contract documents, and inform himself/herself thoroughly regarding any and all conditions and requirements that may in any manner affect cost, progress, or performance of the work to be performed under the contract. Ignorance on the part of the Proposer shall in no way relieve him/her of the obligations and responsibilities assumed under the contract. B. Should a Proposer find discrepancies or ambiguities in, or omissions from, the specifications, or should he be in doubt as to their meaning, he shall at once notify the County. 1.12 GOVERNING LAWS AND REGULATIONS The Proposer is required to be familiar with and shall be responsible for complying with all federal, state, and local laws, ordinances, rules, professional license requirements and regulations that in any manner affect the work. Knowledge of business tax requirements for Monroe County and municipalities within Monroe County are the responsibility of the Proposer. 16 of 46 1.13 PREPARATION OF RESPONSES Signature of the Proposer: The Proposer must sign the response forms in the space provided for the signature. If the Proposer is an individual, the words "doing business as or "Sole Owner" must appear beneath such signature. In the case of a partnership, the signature of at least one of the partners must follow the firm name and the words "Member of the Firm" should be written beneath such signature. If the Proposer is a corporation, the title of the officer signing the Response on behalf of the corporation must be stated along with the Corporation Seal Stamp and evidence of his authority to sign the Response must be submitted. The Proposer shall state in the response the name and address of each person having an interest in the submitting entity. 1.14 MODIFICATION OF RESPONSES Written modifications will be accepted from Proposers if addressed to the entity and address indicated in the Notice of Request for Competitive Solicitation and received prior to Proposal due date and time. Modifications must be submitted in a sealed envelope clearly marked on the outside, with the Proposers name and "Modification to Proposal - Monroe County Proposal for A Sustainability Plan." If sent by mail or by courier, the above-mentioned envelope shall be enclosed in another envelope addressed to the entity and address stated in the Notice of Request for Proposals. Faxed or e-mailed modifications shall be automatically rejected. 1.15 RESPONSIBILITY FOR RESPONSE The Proposer is solely responsible for all costs of preparing and submitting the response, regardless of whether a contract award is made by the County. 1.16 RECEIPT AND OPENING OF RESPONSES Responses will be received until the designated time and will be publicly opened. Proposers names shall be read aloud at the appointed time and place stated in Section 1.9. Monroe County's representative authorized to open the responses will decide when the specified time has arrived and no responses received thereafter will be considered. No responsibility will be attached to anyone for the premature opening of a response not properly addressed and identified. Proposers or their authorized agents are invited to be present. The County reserves the right to reject any and all responses and to waive technical error and irregularities as may be deemed best for the interests of the County. Responses that contain modifications that are incomplete, unbalanced, conditional, obscure, or that contain additions not requested or irregularities of any kind, or that do not comply in every respect with the Instruction to Proposer, may be rejected at the option of the County. 17 of 46 1.17 AWARD OF CONTRACT A. The County reserves the right to award separate contracts for the services based on geographic area or other criteria, and to waive any informality in any response, or to re-advertise for all or part of the work contemplated. B. The County also reserves the right to reject the response of a Proposer who has previously failed to perform properly or to complete contracts of a similar nature on time. C. The recommendation of staff shall be presented to the Board of County Commissioners of Monroe County, Florida, for final selection and award of contract. 1.18 CERTIFICATE OF INSURANCE AND INSURANCE REQUIREMENTS The Proposer shall be responsible for all necessary insurance coverage as indicated below. Certificates of Insurance must be provided to Monroe County within fifteen (15) days after award of contract, with Monroe County BOCC listed as additional insured as indicated. If the proper insurance forms are not received within the fifteen (15) day period, the contract may be awarded to the next selected Proposer. Policies shall be written by companies licensed to do business in the State of Florida and having an agent for service of process in the State of Florida. Companies shall have an A.M. Best rating of VI or better, The required insurance shall be maintained at all times while Proposer is providing service to County. Worker's Compensation Statutory Limits Employers' Liability Insurance Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $500,000 Bodily Injury by Disease, each employee $500,000 General Liability, including Premises Operation Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Definition of Property Damage $500,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $250,000 per person $500,000 per occurrence $50,000 property damage 18 of 46 Vehicle Liability (Owned, non-owned and hired vehicles) $300,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $100,000 per person $300,000 per occurrence $50,000 property damage Professional Liability $500,000 per Occurrence $1,000,000 Aggregate Monroe County shall be named as an Additional Insured on the General Liability and Vehicle Liability policies. 1.19. INDEMNIFICATION The Proposer to whom a contract is awarded shall defend, indemnify and hold harmless the County as outlined below. The Proposer covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the Proposer or any of its Subcontractor(s), occasioned by the negligence, errors, or other wrongful act or omission of the Proposer, its Subcontractor(s), their officers, employees, servants or agents. In the event that the service is delayed or suspended as a result of the ProposerNendor's failure to purchase or maintain the required insurance, the Vendor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Proposer is consideration for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 1.20 EXECUTION OF CONTRACT The Proposer will be required to execute a contract with the County for the services provided for in this RFP. The Proposer with whom a contract is negotiated shall be required to return to the County one (1) executed original of the prescribed Contract together with the required certificates of insurance. If the Proposer cannot fully comply with any of the terms contained in the draft contract, shown in Section Two, all deviations to the terms must be spelled out in Tab 6, Other Information. 19 of 46 SECTION TWO: SAMPLE AGREEMENT MONROE COUNTY CONTRACT FOR DEVELOPMENT OF A SUSTAINABILITY ACTION PLAN THIS AGREEMENT is made and entered into this day of , 2013 by MONROE COUNTY ("COUNTY'), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 and ("CONTRACTOR"), whose address is WITNESSETH WHEREAS, the COUNTY issued its Request for Proposals RFP ("RFP") pursuant to state and local law to solicit proposals to develop a Sustainability Action Plan and related services; and WHEREAS, Consultant is a professional qualified to render said services and has responded to the RFP by submitting its proposal in response to the RFP ("Proposal'); and WHEREAS, the COUNTY desires to engage Consultant to provide such services to the COUNTY according to the terms and subject to the conditions set forth herein. NOW, THEREFORE, for and in consideration of the mutual covenants and promises as hereinafter set forth and of the faithful performance of such covenants and conditions, the COUNTY and CONSULTANT do hereby agree as follows: Section 1. SCOPE OF SERVICES CONTRACTOR shall perform and carry out in a professional and proper manner certain duties as described in the Scope of Services — Exhibit A — which is attached hereto and made a part of this agreement. CONTRACTOR shall provide the scope of services in Exhibit A for the COUNTY. CONTRACTOR warrants that it is authorized by law to engage in the performance of the activities herein described, subject to the terms and conditions set forth in these Agreement documents. The CONTRACTOR shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. Contractor shall provide services using the following standards, as a minimum requirement: A. The CONTRACTOR shall maintain adequate staffing levels to provide the services required under the Agreement resulting from this RFP process. B. The personnel shall not be employees of or have any contractual relationship with the County. To the extent that Contractor uses subcontractors or independent contractors, this Agreement specifically 20 of 46 requires that subcontractors and independent contractors shall not be an employee of or have any contractual relationship with County. C. All personnel engaged in performing services under this Agreement shall be fully qualified, and, if required, to be authorized or permitted under State and local law to perform such services. Section 2. COUNTY'S RESPONSIBILITIES 2.1 The County will provide such data as is required by the Contractor and is mutually agreed upon. 2.2 The County will make payments as outlined in Section 4 of this Agreement. Section 3. TERM OF AGREEMENT 3.1 Except as noted below, this Agreement shall begin on the day of , 2013 and will conclude with delivery of the deliverables outlined in Section 1 of this Agreement, which shall not be later than , 2014. Section 4. PAYMENT TO CONTRACTOR 4.1 Payment will be made according to the Deliverable Schedule attached as Exhibit B, and according to the Florida Local Government Prompt Payment Act, Section 218.70, Florida Statutes. The Provider shall submit to the County an invoice with supporting documentation in a form acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. The Sustainability Manager will review the request, note her approval on the request and forward it to the Clerk for payment. 4.2 Any extension of this Agreement beyond the term noted in Section 3 is contingent upon annual appropriation by Monroe County. Section 5. CONTRACT TERMINATION Either party may terminate this Agreement because of the failure of the other party to perform its obligations under the Agreement. COUNTY may terminate this Agreement with or without cause upon thirty (30) days' notice to the CONTRACTOR. COUNTY shall pay CONTRACTOR for work performed through the date of termination. Section 6. CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. CONTRACTOR hereby agrees that he has carefully examined the RFP, his response, and this Agreement and has made a determination that he/she has the personnel, equipment, and other requirements suitable to perform this work and assumes full responsibility therefore. The provisions of the Agreement shall 21 of 46 control any inconsistent provisions contained in the specifications. All specifications have been read and carefully considered by CONTRACTOR, who understands the same and agrees to their sufficiency for the work to be done. Under no circumstances, conditions, or situations shall this Agreement be more strongly construed against COUNTY than against CONTRACTOR. B. Any ambiguity or uncertainty in the specifications shall not be construed against the drafter. C. The passing, approval, and/or acceptance by COUNTY of any of the services furnished by CONTRACTOR shall not operate as a waiver by COUNTY of strict compliance with the terms of this Agreement, and specifications covering the services. D. CONTRACTOR agrees that County Administrator or his designated representatives may visit CONTRACTOR'S facility (ies) periodically to conduct random evaluations of services during CONTRACTOR'S normal business hours. E. CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate licenses and approvals required to conduct its business, and will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to COUNTY upon request. F. Section 7. NOTICES Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: To the COUNTY: County Administrator, Mr. Roman Gastesi 1100 Simonton Street, Suite 205 Key West, Florida 33040 To the CONTRACTOR: Section 8. RECORDS CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the agreement and for five (5) years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Section 55.03 of the F.S., running from the date the monies were paid to Contractor. 22 of 46 Section 9. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020- 1990 The CONTRACTOR warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this agreement without liability and may also, in its discretion, deduct from the agreement or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. Section 10. CONVICTED VENDOR By signing this agreement, CONTRACTOR represents that the execution of this Agreement will not violate the Public Entities Crime Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from County's competitive procurement activities. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a Agreement with a public entity for the construction or repair of a public building or public work, may not perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under Agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for the Category Two for a period of 36 months from the date of being placed on the convicted vendor list. Section 11. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. Section 12. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions 23 of 46 and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Section 13. ATTORNEY'S FEES AND COSTS The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, and court costs, as an award against the non-prevailing party. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the Circuit Court of Monroe County. Section 14. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. Section 15. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Section 16. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement shall not be subject to arbitration. Section 17. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. 24 of 46 COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. Section 18. NONDISCRIMINATION COUNTY and CONTRACTOR agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. COUNTY or CONTRACTOR agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; Title Vill of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. Section 19. COVENANT OF NO INTEREST COUNTY and CONTRACTOR covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. Section 20. CODE OF ETHICS The parties understand that officers and employees of the COUNTY are required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 25 of 46 Section 21. NO SOLICITATION/PAYMENT The COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. Section 22. PUBLIC ACCESS The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. Section 23. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the COUNTY and the CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. Section 24. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 26 of 46 Section 25. LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. Section 26. NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. Section 27. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, including, but not being limited to, a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement, Lobbying and Conflict of Interest Clause, and Non-Collusion Agreement. Section 28. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. Section 29. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 27 of 46 Section 30. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. Section 31. INSURANCE POLICIES 31.1 General Insurance Requirements for Other Contractors and Subcontractors. As a pre-requisite of the work governed, the CONTRACTOR shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The CONTRACTOR will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the CONTRACTOR. As an alternative, the CONTRACTOR may require all Subcontractors to obtain insurance consistent with the attached schedules; however CONTRACTOR is solely responsible to ensure that said insurance is obtained and shall submit proof of insurance to COUNTY. Failure to provide proof of insurance shall be grounds for termination of this Agreement. The CONTRACTOR will not be permitted to commence work governed by this contract until satisfactory evidence of the required insurance has been furnished to the COUNTY as specified below. Delays in the commencement of work, resulting from the failure of the CONTRACTOR to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the CONTRACTOR's failure to provide satisfactory evidence. The CONTRACTOR shall maintain the required insurance throughout the entire term of this contract and any extensions specified herein. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced and/or termination of this Agreement and for damages to the COUNTY. Delays in the completion of work resulting from the failure of the CONTRACTOR to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the CONTRACTOR's failure to maintain the required insurance. The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either: • Certificate of Insurance, or • A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. 28 of 46 The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. 31.2 Insurance Requirements (Note: amounts of coverage are subject to change in final contract) Prior to the commencement of work governed by this contract, the CONTRACTOR shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Bodily Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be $500,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $250,000 per Person $500,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 31.3 Vehicle Liability Insurance requirements Recognizing that the work governed by this contract requires the use of vehicles, the CONTRACTOR, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence 29 of 46 $ 50,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 31.4 Workers' Compensation Insurance Requirements Prior to commencement of work governed by this contract, the CONTRACTOR shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with limits of not less than: $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $500,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. 31.5 Professional Liability Requirements Recognizing that the work governed by this contract involves the furnishing of advice or services of a professional nature, the Contractor shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the Contractor arising out of work governed by this contract. The minimum limits of liability shall be$500,000 per occurrence/$1,000,000 Aggregate Section 32. INDEMNIFICATION The CONTRACTOR does hereby consent and agree to indemnify and hold harmless the COUNTY, its Mayor, the Board of County Commissioners, appointed Boards and Commissions, Officers, and the Employees, and any other agents, individually and collectively, from all fines, suits, claims, demands, actions, costs, obligations, attorney's fees, or liability of any kind arising out of the sole negligent actions of the CONTRACTOR or substantial and unnecessary delay caused by the willful nonperformance of the CONTRACTOR and shall be solely responsible and answerable for any and all accidents or injuries to persons or property arising out of its performance of this contract. The amount and type of insurance coverage requirements set forth hereunder shall in no way be construed as limiting the scope of indemnity set forth in this paragraph. Further the CONTRACTOR agrees to defend and pay all legal costs attendant to acts attributable to the sole negligent act of the CONTRACTOR. 30 of 46 Section 34 INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners. No statement contained in this agreement shall be construed so as to find the CONTRACTOR or any of his/her employees, contractors, servants or agents to be employees of the Board of County Commissioners for Monroe County. As an independent contractor the CONTRACTOR shall provide independent, professional judgment and comply with all federal, state, and local statutes, ordinances, rules and regulations applicable to the services to be provided. Section 35 COMPLETENESS OF WORK. The CONTRACTOR shall be responsible for the completeness and accuracy of its work, plan, supporting data, and other documents prepared or compiled under its obligation for this project, and shall correct at its expense all significant errors or omissions therein which may be disclosed. The cost of the work necessary to correct those errors attributable to the CONTRACTOR and any damage incurred by the COUNTY as a result of additional costs caused by such errors shall be chargeable to the CONTRACTOR. This provision shall not apply to any maps, official records, contracts, or other data that may be provided by the COUNTY or other public or semi-public agencies. The CONTRACTOR agrees that no charges or claims for damages shall be made by it for any delays or hindrances attributable to the COUNTY during the progress of any portion of the services specified in this contract. Such delays or hindrances, if any, shall be compensated for by the COUNTY by an extension of time for a reasonable period for the CONTRACTOR to complete the work schedule. Such an agreement shall be made between the parties. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day of 2013. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: Amy Heavilin, CLERK OF MONROE COUNTY, FLORIDA By By: Deputy Clerk Mayor (CORPORATE SEAL) CONTRACTOR ATTEST: By By: Title: 31 of 46 SECTION THREE: COUNTY FORMS AND INSURANCE FORMS [This page intentionally left blank, with forms to follow.] 32 of 46 RESPONSE FORM RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Purchasing Department GATO BUILDING, ROOM 1-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 El acknowledge receipt of Addenda No.(s) I have included: • Response Form ❑ • Lobbying and Conflict of Interest Clause ❑ • Non-Collusion Affidavit ❑ • Drug Free Workplace Form ❑ • Public Entity Crime Statement ❑ • Monroe County occupational license and relevant County occupational licenses are required to be obtained within ten days of award of the contract ❑ • Local Preference Form (if applicable) ❑ El have included a current copy of the following professional and occupational licenses: If the applicant is not an individual (sole proprietor), please supply the following information: APPLICANT ORGANIZATION: (Registered business name must appear exactly as it appears on www.sunbiz.or ). Any applicant other than an individual (sole proprietor) must submit a printout of the "Detail by Entity Name" screen from Sunbiz, and a copy of the most recent annual report filed with the Florida Department of State, Division of Corporations. Mailing Address: Telephone: Fax: Date Signed: Witness: (Print Name) (Print Name) (Title) STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC My Commission Expires: 33 of 46 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE {4 (Company) "...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010- 1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010- 1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee." (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification NOTARY PUBLIC My Commission Expires: 34 of 46 NON-COLLUSION AFFIDAVIT I, of the County of according to law on my oath, and under penalty of perjury, depose and say that 1. 1 am of the firm of the bidder making the Proposal for the project described in the Request for Proposals for and that I executed the said proposal with full authority to do so; 2. The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4. No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5. The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC My Commission Expires: 35 of 46 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenderre to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC My Commission Expires: 36 of 46 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." have read the above and state that neither (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC My Commission Expires: 37 of 46 LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance 023-2009 must complete this form. Name of Bidder/Responder Date: 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one year prior to the notice or request for bid or proposal? (Please furnish copy.) 2. Does the vendor have a physical business address located within Monroe County from which the vendor operates or performs business on a day to day basis that is a substantial component of the goods or services being offered to Monroe County? List Address: Telephone Number: B. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services or construction to local businesses meeting the criteria above as to licensing and location? If yes, please provide: 1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one year prior to the notice or request for bid or proposal. 2. Subcontractor Address within Monroe County from which the subcontractor operates: Telephone Number By: Print Name: Signature and Title of Authorized Signatory for Bidder/Responder STATE OF COUNTY OF On this day of , 20 , before me, the undersigned notary public, personally appeared , known to me to be the person whose name is subscribed above or who produced as identification, and acknowledged that he/she is the person who executed the above Local Preference Form for the purposes therein contained. Notary Public Print Name My commission expires: Seal 38 of 46 MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL Indemnification and Hold Harmless For Other Contractors and Subcontractors The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by negligence, errors, or other wrongful act of omission of the Contractor or its Subcontractors in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 39 of 46 MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL WAIVER OF INSURANCE REQUIREMENTS There will be times when it will be necessary, or in the best interest of the County, to deviate from the standard insurance requirements specified within this manual. Recognizing this potential and acting on the advice of the County Attorney, the Board of County Commissioners has granted authorization to Risk Management to waive and modify various insurance provisions. Specifically excluded from this authorization is the right to waive: • The County as being named as an Additional Insured — If a letter from the Insurance Company (not the Agent) is presented, stating that they are unable or unwilling to name the County as an Additional Insured, Risk Management has not been granted the authority to waive this provision. and • The Indemnification and Hold Harmless provisions Waiving of insurance provisions could expose the County to economic loss. For this reason, every attempt should be made to obtain the standard insurance requirements. If a waiver or a modification is desired, a Request for Waiver of Insurance Requirement form should be completed and submitted for consideration with the proposal. After consideration by Risk Management and if approved, the form will be returned, to the County Attorney who will submit the Waiver with the other contract documents for execution by the Clerk of the Courts. Should Risk Management deny this Waiver Request, the other party may file an appeal with the County Administrator or the Board of County Commissioners, who retains the final decision-making authority. 40 of 46 SECTION FOUR - SCOPE OF SERVICES Monroe County Sustainability Action Plan 4.1 Purpose The development of a comprehensive Sustainability Action Plan (SAP) is essential to advance the County's energy conservation and environmental sustainability goals and develop climate resiliency strategies. The SAP will serve as a blueprint for the County's new Sustainability Office and initiatives. The SAP will serve as the foundation for guiding the County's efforts to meet its objectives in this important arena and provide a tangible document that can be used to: 1) highlight the County's sustainability initiatives; 2) demonstrate the County's commitment to sustainability; 3) reduce the effects of GHG to climate change by reducing energy consumption; 3) support funding requests; and 4) educate and inform the community. 4.2. Project Description: The primary project objectives are to: a. Provide a long term blueprint for public and private sector decision- making that substantially advances the County in its pursuit of holistic sustainability and quality of life; and b. Develop options for greenhouse gas reduction targets, choose baseline year (based upon available data and "representative" year) and forecast year (evaluate options for reduction targets). Also provide two projected GHGE inventories to be determined by the County and selected proposer, under a "business as usual" scenario, a comparative analysis of reduction required by the U.S. Mayors Climate Protection Agreement. Assumptions will be determined based on data developed by the County and shall coincide with its long range planning process; and c. The resulting Sustainability Action Plan s h a I I be a collective list of a v i s i o n statement , goals, objectives and policies incrementally building based on a mutually decided planning horizon. A 5-year planning horizon shall be referenced. 4.3 Project Components. The Contractor shall build upon the County's previous data collection efforts. a. Project Management: Regularly meet with County's project team to coordinate data needs, access staff expertise, and ensure full understanding and agreement on scope specifications, including desired deliverable formats. Conduct meetings/presentations with 41 of 46 County commission, County administration, County staff, and community stakeholders as to the progress of the SAP as well as any input from the departments of Plan evaluation/monitoring responsibilities. The aforementioned meetings are in addition to routine meetings to be held with the sustainability team; and b. Data collection and updating inventory development: Data collection, existing conditions analysis, trend analysis, documentation. The County has compiled raw data and will provide this data to the selected firm for updating of the County Operations GHGE inventory. The data includes information regarding; electric and water/sewer utility, fleet vehicle fuel, natural gas, recycling programs. c. Strategy Development: Set targets to reduce greenhouse gas emissions in the County, technical support documentation, set goals objectives and policies. d. Engage Citizens and Businesses: Steps to build additional stakeholder support; requires coordination and collaboration with County staff/officials, participating agencies and the public throughout the project to ensure support and acceptance of preferred alternatives and policy documents by the public, County Commission and other reviewing agencies; will include coordination with county and regional partners as required to acquire available data, identify best practices and contribute to countywide and regional initiatives; Three (3) public meetings shall be held in the Keys, one each in the upper, middle and lower Keys. County facilities may be used if available. e.Sustainability Action Plan: Develop strategies relative but not limited to the following focus areas: (1) Energy efficiency: (a) A County and community-wide GHGE baseline and forecast for residential and commercial buildings, transportation, industry and any other uses/activities in the County deemed significant; (b) Evaluation of current practices affecting energy and greenhouse gas in every major sector of the community; (c) Propose energy consumption and greenhouse gas emission reduction goals for the short, medium and long term planning horizon; (d) Enumeration of energy and greenhouse gas conservation 42 of 46 successes to-date and quantified impact on the local GHGE baseline; and programs and policies to promote building energy and water efficiency. (2) Energy and resource efficient land use patterns and redevelopment policies which promote the inclusion of energy conservation areas within the County's Comprehensive Plan and Land Development Code. (3) Transportation including measures to reduce vehicle miles traveled; transportation demand management; increased street and mode connectivity; complete streets; multimodal mobility planning that places emphasis on public transportation systems, reduces greenhouse gas emissions and supports energy efficient land use patterns; and energy efficient traffic control. (4) Potential for renewable power generation and energy conservation. (5) Housing including energy efficient design and construction of new housing and use of renewable resources consistent with chapter 553, Florida Statutes. (6) Recycling and environmentally responsible waste reduction within industry, community, and municipal. (7) Natural resources conservation that affects energy and water conservation and education of greenhouse gases (e.g., demand side water conservation to preclude need for energy intensive alternative water supplies). Also consider green space access, tree canopy, and habitat preservation. (8) Locally- based, sustainable food production to enhance economic, environmental and social health in the community. (9) Community education and outreach. (10)External Funding to implement SAP strategies and capital improvements. (11)Periodic evaluation and refinement of objectives strategies and actions to increase effectiveness. 43 of 46 4.4 Scope of Services The Contractor will assist the County with building on and moving forward with what has already been accomplished and established as sustainability initiatives. The Contractor will work collectively with the Sustainability Office, other representatives of County departments, Climate Change Advisory Committee, volunteers from the community, other governmental agencies, and utilities providers to complete the scope of work. The Contractor will analyze and prioritize initiatives that effectively and efficiently meet the overall purpose of the Sustainability Action Plan (SAP). These prioritized actions shall be linked to a cost along with estimated returns on investment and staff resources to be dedicated. The Contractor shall provide services including the tasks identified below: 1. Collection and updating of GHG data 2. Analysis and development of performance measures 2. Collaboration with county staff and CCAC members 3. Graphic and website design 4. Development of tools to monitor/evaluate progress and goals 5. Solicitation of public input 6. Public meeting presentations — 1 each in upper, middle and lower Keys 7. Coordination with other community organizers 8. Development of a premier Sustainability Action Plan specifically suited to meet the needs of the Florida Keys and Monroe County 4.4.1 Sustainability Action Plan. The Contractor shall develop a comprehensive 5-year Sustainability Action Plan (SAP) through the preparation of cutting edge strategies, policies, and tools aimed to create sustainable initiatives, increase energy and water efficiency, promote resource conservation, and reduce greenhouse gas emissions county wide. A process shall be included to measure performance and progress. The community-wide GHGE inventory will be updated based upon a mutually agreed upon protocol to develop and achieve the County's future GHGE reduction goals. Development of the SAP will involve: 1) Creating sustainable policies, initiatives and strategies; 2) Reviewing, analyzing and updating the results of a greenhouse gas emissions (GHGE) inventory for both county operations and the community within the County limits; 3) Preparing a long range SAP recommending target GHG reduction areas; 4) Preparing preliminary policy recommendations for consideration by the County Commission; 5) Providing a detailed implementation strategy; and 6) A process to measure performance and progress. 44 of 46 4.4.2 Implementation Strategy. Critical to the success of the Sustainability Action Plan will be an implementation strategy utilizing existing and cutting edge new tools to comply with laws and regulations, potentially securing funding and incorporating the County's goals into its short term and long-term decision making. The SAP will also include a list of specific recommendations to prioritize projects and initiatives to reduce the County's energy expenses and greenhouse gas emissions. Based upon County Commission direction, Sustainability Team direction and a survey of other local government approaches, the SAP shall also address projected impacts of climate change on facilities/infrastructure and opportunities to proactively plan for increased efficiency and resiliency. The implementation strategy to be developed shall clearly define a timeline to develop and complete each component of the SAP along with prioritized goals to be accomplished across the short, medium, and long range planning spectrum. (1) Develop evaluation, monitoring metrics and verifications protocols; prepare a program whereby County staff can monitor the County's and communities' annual progress toward achievement of the SAP goals. The program shall include an annual score/report card for Plan evaluation, monitoring, and reporting progress to the public and regulating entities. (2) Develop an implementation schedule to meet goals. (3) Identify obstacles to reaching goals and strategies to remove obstacles. (4) Develop plan for continued implementation/ administration of greenhouse gas emissions inventory. The Plan's monitoring strategy shall include procedures for evaluating and grading the Plan at a maximum of 5-year increments. 4.4.3 Graphics and Web Design. The Contractor shall provide graphic design to brand Monroe County's sustainability initiatives and assist in the development of web tools and pages to effectively seek public input and convey the sustainability plan in an interactive, engaging, transparent, and useful manner through the sustainability website. The future website shall allow the public to monitor progress toward achievement of sustainability goals 4.4 Project Timeline The duration and scope of work is projected to be between 6-8 months with a final draft (ready for County Commission review) to be presented by March, 2014. a. Project Start Date and Kick-off Meeting: October, 2013 b. Data Gathering for updating GHGE Inventories (County/Community 45 of 46 wide): October, November 2013 c. Draft SAP Based on GHGE Inventory Analysis and County/Community Input: January, 2014 d. Community Public Outreach meetings: February, March 2014 e. Present Draft SAP before County Commission: March, 2 01 4 f. County Commission Adoption/Approval of Final SAP: M a r c h 2 0 14 46 of 46