Item P6 P.6
County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS
Mayor Craig Cates,District 1
Mayor Pro Tem Holly Merrill Raschein,District 5
The Florida Keys
Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
County Commission Meeting
May 17, 2023
Agenda Item Number: P.6
Agenda Item Summary #12019
BULK ITEM: Yes DEPARTMENT: Sustainability
TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305) 453-8774
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AGENDA ITEM WORDING: Approval to enter into Amendment No. 1 to the interlocal
agreement with Broward County for financial support to the Southeast Florida Regional Climate
Change Compact to renew for 3 years and provide $300,000 over 3 years; and to authorize Office of
County Attorney to make minor non-substantive edits to the subject agreement with review and
approval as to form, in case minor edits or clarifications become necessary.
ITEM BACKGROUND: This item is to authorize a 3-year renewal to the Interlocal Agreement
between Broward, Palm Beach, Miami-Dade, and Monroe Counties for cost share support of
services for the Southeast Florida Regional Climate Change Compact (Compact), and contract
management by Broward County. The contribution is $100,000/year per County over the three-year
period of January 1, 2024 to January 31, 2027.
Summary Explanation/Background
This Agreement for the four Compact Counties to pool $300,000 each in funds over three years to
support the continued engagement of the Institute for Sustainable Communities (ISC) in facilitating
and coordinating Compact activities, and for Broward County to act on behalf of all the Compact
Counties in contracting with ISC for these services.
The success of the Southeast Florida Regional Climate Change Compact has been underpinned
since its inception by the coordination and facilitation services provided by the Institute for
Sustainable Communities and/or staff currently employed by ISC. These efforts have included:
• coordinating and facilitating monthly meetings of the Compact Staff Steering Committee and
workshops with stakeholders;
• preparing a four-county regional greenhouse gas emissions inventory and assessment;
• participating in the planning and execution of the annual Regional Climate Leadership
Summits convened to date;
• creating and managing the Compact website;
• developing the Regional Climate Action Plan (RCAP) and subsequent RCAP updates;
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• coordinating the RCAP implementation workshops;
• writing and editing grant proposals;
• conducting a municipal implementation survey;
• facilitating communication among Compact partners;
• providing a webinar platform for Compact use;
• providing remote and on-site support for various Compact activities,
• and participating in many other activities.
Broward County continues to serve as the fiscal agent for the other three Compact counties to
contract with ISC from the appropriated funds described above.
PREVIOUS RELEVANT BOCC ACTION:
January 20, 2010: BOCC approved the Southeast Florida Regional Climate Compact by
Resolution 022-2010.
June 15, 2016: Approval to enter into an interlocal agreement with Broward County to provide two
years of financial support to the Southeast Florida Regional Climate Change Compact in an amount
of$100,000.
March 21, 2018: Approval to enter into an interlocal agreement with Broward County to provide
three years of financial support to the Southeast Florida Regional Climate Change Compact in an
amount of$50,000 per year, totaling $150,000 over 3 years; and to authorize Office of County
Attorney to make minor non-substantive edits to the subject agreement with review and approval as
to form, in case minor edits or clarifications become necessary.
April 15, 2020: Approval to enter into Amendment No. 1 to an interlocal agreement with Broward
County for financial support to the Southeast Florida Regional Climate Change Compact to increase
the amount from $50,000 to $75,000 for year three, totaling $175,000 over 3 years; and to authorize
Office of County Attorney to make minor non-substantive edits to the subject agreement with review
and approval as to form, in case minor edits or clarifications become necessary.
October 21, 2020: Approval to enter into an interlocal agreement with Broward County for financial
support to the Southeast Florida Regional Climate Change Compact to provide $275,000 over 3
years; and to authorize Office of County Attorney to make minor non-substantive edits to the subject
agreement with review and approval as to form, in case minor edits or clarifications become
necessary.
CONTRACT/AGREEMENT CHANGES:
3 year Renewal Amendment
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
First Amendment to the ILA Climate Change Compact Final All approved
2021-2024 Compact ILA - certified copy Fully Executed (3)
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FINANCIAL IMPACT:
Effective Date: Upon execution
Expiration Date: January 31, 2027
Amendment$Value: $300,000 for Monroe, $1,200,000 all 4 counties
Total Dollar Value of Contract: $2,300,000 (Includes contributions from all 4 counties)
Total Cost to County: $300,000 as follows: FY24 $100,000; FY25 $100,000; F56 $100,000
Budgeted: To be budgeted annually
Source of Funds: Sustainability
CPI: No Indirect Costs: No
Estimated Ongoing Costs Not Included in above dollar amounts: Staff Time for Support of
Compact Activities
Revenue Producing: No If yes, amount:
Grant: No County Match: N/A
Insurance Required: No
Additional Details:
05/17/23 001-05008 - SUSTAINABILITY $100,000.00
SE FL Climate Change Compact Support
REVIEWED BY:
Rhonda Haag Completed 04/25/2023 11:08 AM
Cynthia Hall Completed 05/02/2023 9:14 AM
Purchasing Completed 05/02/2023 9:25 AM
Budget and Finance Completed 05/02/2023 12:40 PM
Brian Bradley Completed 05/02/2023 2:01 PM
Lindsey Ballard Completed 05/02/2023 2:51 PM
Board of County Commissioners Pending 05/17/2023 9:00 AM
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FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT AMONG BROWARD COUNTY, CL
MIAMI-DADE COUNTY, MONROE COUNTY, AND PALM BEACH COUNTY FOR COST SHARE t0
SUPPORT OF SERVICES FOR THE SOUTHEAST FLORIDA REGIONAL CLIMATE CHANGE COMPACT
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This First Amendment ("First Amendment") is entered into by and among Broward
County, a political subdivision of the State of Florida ("Broward"), Miami-Dade County, a political
subdivision of the State of Florida ("Miami-Dade"), Monroe County, a political subdivision of the
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State of Florida ("Monroe"), and Palm Beach County, a political subdivision of the State of Florida
("Palm Beach") (collectively referred to as the "Parties" and when excluding Broward, the
"Contributing Counties").
RECITALS
A. The Parties entered into the Interlocal Agreement among Broward County,
Miami-Dade County, Monroe County, and Palm Beach County for Cost Share Support of Services
for the Southeast Florida Regional Climate Change Compact, effective as of January 1, 2021 (the
"Agreement"), to provide cost sharing support for the Institute for Sustainable Communities, a
Vermont not-for-profit corporation, registered to do business in the State of Florida ("ISC"), that
has provided coordination and facilitation services to the Parties since 2011 to advance the aims
of the Southeast Florida Regional Climate Change Compact ("Compact").
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B. Southeast Florida is one of the most vulnerable areas in the country to the impacts
of climate change.
C. The Parties adopted the Compact in 2009. Since adopting the Compact, the
Parties, in recognition of the benefits of regional coordination, have worked with one another CL
and numerous other stakeholders to address climate change at the regional level. c0
D. Section 1.7 and Exhibit A of the Agreement specify the services required to be
performed by Broward on behalf of the Parties. U
E. The Agreement is scheduled to terminate at 11:59 PM on January 1, 2024 E
("Term"). The Agreement provides that the Term may be extended by the Parties by written
instrument prepared with the same formality as the Agreement and executed by the Board (as
defined in the Agreement) and the Contributing Counties.
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F. Article 4 of the Agreement specifies the terms for compensation to Broward.
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G. The Parties, agreeing that it is in their best interest to continue working with one
another to continue to address climate change at the regional level, now desire to amend the E
Agreement (i) to revise the services to be rendered by Broward; (ii)to extend the Term by three
(3) years; (iii) to revise the amount that the Contributing Counties will pay Broward during the
extended Term; and (iv)to make other necessary housekeeping amendments to the Agreement.
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Now,therefore, for good and valuable consideration, the receipt and sufficiency of which CL
are hereby acknowledged, the Parties agree as follows: c0
1. The above Recitals are true and correct and are incorporated herein by reference. All
capitalized terms not expressly defined within this First Amendment shall retain the meaning
ascribed to such terms in the Agreement.
2. Amendments to the Agreement made pursuant to this First Amendment are indicated
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herein by use of strikethroughs to indicate deletions and bold/underlining to indicate additions.
Except as modified herein, all remaining terms and conditions of the Agreement shall remain in
full force and effect.
3. Section 1.3 of the Agreement is amended as follows:
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1.3 Contract Administrator. The Deputy Director of the Broward County
C.,..OrAMA4".,+-4I Drr.tP46AM ;4Md !_r.,..,+h Management Resilient Environment Department.
4. Section 1.7 of the Agreement is amended as follows:
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1.7 Services. All work required of ISC by Broward on behalf of the Parties under an CL
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agreement between Broward and ISC, including, without limitation, all deliverables,
consulting, training, project management, payments, and other services specified in
Exhibit A for the Initial Term (as hereinafter defined), and Exhibit A-1 for the Renewal
Term (as hereinafter defined). UI
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5. Section 2.1 of the Agreement is amended as follows:
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2.1 Payment to ISC for Coordination and Facilitation Services during the Term.
2.1.1 Initial Term. During the Initial Term (as hereinafter defined), Broward U
shall pay ISC for coordination and facilitation services for the Compact pursuant
to an agreement between Broward and ISC for such services ("ISC Coordination E
and Facilitation Services Agreement"). Upon receipt of an invoice pursuant to
section 4.2 of this Agreement, Contributing Counties agree to each remit up to
Two Hundred Seventy-Five Thousand Dollars ($275,000)to Broward to be used as
their share of costs Broward will incur pursuant to the ISC Coordination and
Facilitation Services Agreement,as amended.All Parties agree to contribute equal
amounts, within the dollar limits of this Agreement. To this end, Broward agrees
to also remit up to Two Hundred Seventy-Five Thousand ($275,000) to ISC for
Services under the ISC Coordination and Facilitation Services Agreement-,.as
amended, and, on behalf of the Parties,to retain and supervise ISC's performance
of the ISC Scope of Services, attached as Exhibit A.
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2.1.2 Renewal Term. During the Renewal Term (as herein after defined), CL
Broward shall pay ISC for coordination and facilitation services for the Compact c0
pursuant to the ISC Coordination and Facilitation Services Agreement, as
amended. Upon receipt of an invoice pursuant to section 4.2 of this Agreement,
Contributing Counties agree to each remit up to Three Hundred Thousand t�
Dollars ($300,000) to Broward to be used as their share of costs Broward will
incur pursuant to the ISC Coordination and Facilitation Services Agreement, as
amended. All Parties agree to contribute equal amounts,within the dollar limits
of this Agreement. To this end, Broward agrees to also remit up to Three
Hundred Thousand ($300,000)to ISC for Services under the ISC Coordination and
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Facilitation Services Agreement, as amended, and, on behalf of the Parties, to
retain and supervise ISC's performance of the ISC Scope of Services, attached as
Exhibit A-1.
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6. Article 3 of the Agreement is amended as follows:
ARTICLE 3. TERM AND TIME OF PERFORMANCE
3.1 The term of this Agreement shall begin on January 1, 2021, and shall end at 11:59
PM on January 1, 2024 ("Initial Term"). The Initial Term shall be extended to end CL
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at 11:59 p.m.on January 1,2027("Renewal Term")(the Initial Term and Renewal
Term are collectively referred to as the "Term"). The continuation of this
Agreement beyond the end of the Parties' fiscal years is subject to both the
appropriation and the availability of funds in accordance with Chapter 129, Florida U-
Statutes. The failure of any party to budget or appropriate sufficient funds for this
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Agreement shall constitute additional grounds any other party to terminate this
Agreement pursuant to the procedures in sections 7.3 and 7.4 of this Agreement. U
Any extensions of time beyond the Term shall require an amendment to this
Agreement, pursuant to the requirements for amendments stated herein.
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3.2 Unless otherwise agreed by the Parties in writing, all duties, obligations, and
responsibilities of the Parties required by this Agreement shall be completed no E
later than danwaFy 31, '�January 31, 2027, at 11:59 PM.Time is of the essence
in performing the duties, obligations, and responsibilities required by this
Agreement.
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7. Article 4 of the Agreement is amended as follows:
ARTICLE 4. COMPENSATION
4.1 Payment to Broward.
4.1.1 For the Initial Term, Contributing Counties will pay Broward up to a
maximum amount as follows:
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4.1.2 For the Renewal Term, Contributing Counties will pay Broward up to a
maximum amount as follows:
Services/Goods Not-To-Exceed Amount
Miami-Dade 300 000
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Monroe 300 000
Palm Beach 300 000
TOTAL NOT TO EXCEED 900 000
4.2 METHOD OF BILLING AND PAYMENT
4.2.1 Broward may submit invoices for compensation to Contributing Counties no
more often than quarterly, but only after the Services for which the invoices are
submitted have been completed by ISC. Contributing Counties agree to pay
Broward by check or electronic funds transfer no later than thirty (30) days from
receipt of Broward's invoices at:
Broward County Board of County Commissioners
Attn: Jennifer Jurado, PhD, Deputy Director, Fenvire-nm,,ntal or +,,,.+; r ;;PH CL
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Gr,,.yth Manag mr,r+ Resilient Environment Department, and Chief Resilience
Officer i
Governmental Center, Suite 329B
115 South Andrews Avenue -I
Fort Lauderdale, Florida 33301
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4.2.2 Broward may invoice each of the Contributing Counties in the amounts set forth U
as follows:
For the Initial Term:
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For the Renewal Term:
Fiscal Year 2024: Quarter 1 $25,000
Fiscal Year 2024: Quarter 2 $25,000
Fiscal Year 2024: Quarter 3 $25,000
Fiscal Year 2024: Quarter 4 $25,000
Fiscal Year 2025: Quarter 1 $25,000
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Fiscal Year 2025: Quarter 2 $25,000
Fiscal Year 2025: Quarter 3 $25,000
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Fiscal Year 2025: Quarter 4 $25,000
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Fiscal Year 2026: Quarter 1 $25,000 t0
Fiscal Year 2026: Quarter 2 $25,000
Fiscal Year 2026: Quarter 3 $25,000
Fiscal Year 2026: Quarter 4 $25,000 t�
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8. Section 9.7 of the Agreement is amended as follows:
9.7 Notices. For a notice to a party to be effective under this Agreement, notice must
be sent via U.S. first-class mail with a contemporaneous copy via email to the addresses
listed below. Notice will be effective upon mailing. The addresses for notice shall remain
as set forth herein unless and until changed by providing notice of such change in
accordance with the provisions of this section.
FOR BROWARD: 0
Broward County €n mental Rretest+en and- o,re;.A.ti 5.4apa-gemeni Resilient
Environment Department
Attn: Jennifer Jurado, PhD, Deputy Director
Governmental Center, Room 329B
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Email address:jjurado@broward.org
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FOR MIAMI-DADE:
Miami-Dade Office of Resilience, Regulatory & Economic Resources Department UI
Attn: "'e^"^'^ Heft Kimberly Brown, Deputy Resilience Officer
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Stephen P. Clark Center
111 NW 1st Street, 12th Floor U
Miami, Florida 33128
Email address: AOr"^'^..Hef+y@m ^meda de.gey Kimberly.Brown@miamidade.gov
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FOR MONROE:
Monroe County Administration
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Attn: Rhonda Haag, Chief Resilience Officer
102050 Overseas Highway, Ste. 246
Key Largo, FL 33037
Email address: Haag-Rhonda @MonroeCounty-FL.Gov
FOR PALM BEACH:
Palm Beach County Office of Resilience
Attn: Megan Houston, Director
2300 North Jog Road, 4th Floor
West Palm Beach, FL 33411
Email address: MSHouston@pbcgov.org
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9. Exhibit A-1, ISC Scope of Services for Renewal Term, attached hereto, is hereby CL
incorporated by reference. c0
10. In the event of any conflict or ambiguity between this First Amendment and the
Agreement, the Parties agree that this First Amendment shall control. The Agreement, as
amended herein by this First Amendment, incorporates and includes all prior negotiations,
correspondence, conversations, agreements, and understandings applicable to the matters
contained herein, and the Parties agree that there are no commitments, agreements, or
understandings concerning the subject matter hereof that are not contained in the Agreement
as amended in this First Amendment. Accordingly, the Parties agree that no deviation from the
terms hereof shall be predicated upon any prior representations or agreements, whether oral or
written.
11. Preparation of this First Amendment has been a joint effort of the Parties and the 0
resulting document shall not, solely as a matter of judicial construction, be construed more
severely against one of the Parties than any other.
12. Contributing Counties acknowledge that through the date this First Amendment is
executed by the Parties, Contributing Counties have no claims or disputes against Broward with
respect to any of the matters covered by the Agreement. CL
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13. The effective date of this First Amendment shall be the date of complete execution by the
Parties.
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14. This First Amendment may be executed in counterparts, whether signed physically or
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electronically, each of which shall be deemed to be an original, but all of which, taken together, E
shall constitute one and the same agreement. U
(The remainder of this page is blank.)
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IN WITNESS WHEREOF, the Parties hereto have made and executed this First Amendment: CL
BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its E
Mayor or Vice-Mayor, authorized to execute same by Board action on the day of U
2023, and Contributing Counties,signing by and through their officials,duly
authorized to execute same.
COUNTY 0
ATTEST: BROWARD COUNTY, by and through U
its Board of County Commissioners
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By: By:
Broward County Administrator, as Mayor
ex officio Clerk of the Broward County
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Board of County Commissioners day of 120
Approved as to form by
Andrew J. Meyers
Broward County Attorney
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115 South Andrews Avenue, Suite 423 CL
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
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By CL
Alexis I. Marrero Koratich (Date) 0
Assistant County Attorney
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By
Maite Azcoitia (Date)
Deputy County Attorney
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First Amendment (DRAFT) 0
02/24/2023
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FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT AMONG BROWARD COUNTY, CL
MIAMI-DADE COUNTY, MONROE COUNTY, AND PALM BEACH COUNTY FOR COST SHARE t0
SUPPORT OF SERVICES FOR THE SOUTHEAST FLORIDA REGIONAL CLIMATE CHANGE COMPACT
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MIAMI-DADE
WITNESSES: MIAMI-DADE COUNTY
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By:
Signature Authorized Signor
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Print Name of Witness above Print Name and Title
day of , 20_
Signature
ATTEST:
Print Name of Witness above
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Corporate Secretary or other person
authorized to attest �I
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(CORPORATE SEAL OR NOTARY) U
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FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT AMONG BROWARD COUNTY, CL
MIAMI-DADE COUNTY, MONROE COUNTY, AND PALM BEACH COUNTY FOR COST SHARE t0
SUPPORT OF SERVICES FOR THE SOUTHEAST FLORIDA REGIONAL CLIMATE CHANGE COMPACT
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MONROE
WITNESSES: MONROE COUNTY
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By:
Signature Authorized Signor
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Print Name of Witness above Print Name and Title
day of , 20_
Signature
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ATTEST:
Print Name of Witness above
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Corporate Secretary or other person
authorized to attest �I
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(CORPORATE SEAL OR NOTARY) U
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Approved as to form and legal sufficiency: U
Monroe County Attorney's Office 5-2-2023
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FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT AMONG BROWARD COUNTY, CL
MIAMI-DADE COUNTY, MONROE COUNTY, AND PALM BEACH COUNTY FOR COST SHARE t0
SUPPORT OF SERVICES FOR THE SOUTHEAST FLORIDA REGIONAL CLIMATE CHANGE COMPACT
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PALM BEACH
WITNESSES: PALM BEACH COUNTY
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By:
Signature Mayor
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Print Name of Witness above Print Name
day of , 20_
Signature
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Print Name of Witness above
ATTEST:
Sharon R. Bock
Clerk and Comptroller �I
Approved as to Form and Legal Sufficiency By:
By: Deputy Clerk
County Attorney U
(CORPORATE SEAL OR NOTARY)
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APPROVED AS TO TERMS AND CONDITIONS
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By
Department Director
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Exhibit A-1 — ISC Scope of Services for Renewal Term CL
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Support for the Southeast Florida Regional Climate Change Compact
Statement of Work for FY2024—2026
During the contracted period, the Institute for Sustainable Communities ("ISC") must provide a
level of effort and time per year that will not be less than the equivalent of two and a half(2.5)
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full-time employees.This level of effort will combine the time and expertise of ISC staff to provide
services to the South Florida Regional Climate Change Compact ("Compact"), including
governance process facilitation and support, strategic and technical assistance, communications
delivery and support, and assistance in identifying additional financial resources from federal,
state, and private philanthropic sources to support the growth and expansion of Compact service
delivery. With respect to the Compact Leadership Committee ("CLC), as well as subject matter
experts teams and advisory groups, ISC must conduct all tasks in accordance with the Sunshine
Law, the Public Records Act, and all other applicable law. The details of the services ISC must
perform are articulated in the tasks and deliverables set forth below.
Task 1: Provide Secretariat Services for the Compact
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Task 1.1: Compact Leadership Committee Meeting Support
Representative tasks include: Coordinating a minimum of monthly meetings of the Compact
Leadership Committee and providing meeting support, identifying key strategic and
management issues for the ongoing success of the Compact; developing meeting agendas in
partnership with the CLC and/or chairperson, as appropriate; facilitating communications by �I
Compact partners; assembling requests for Compact support and engagement; and conducting
tasks in accordance with all applicable laws.
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Task 1.2: Biannual (2x annually) Compact Retreats
Representative tasks include: Identifying key strategic and management issues for the ongoing
success of the Compact; providing strategic advice to the CLC and associated staff from the U
Parties; developing the retreat agenda with input by CLC and resilience staff from the Parties;
conducting the retreat in accordance with all applicable laws, and paying for various retreat- E
related expenses for all attendees, including venue and audiovisual equipment costs, if
applicable, ISC staff travel costs, breakfast and lunch, printing, and other miscellaneous costs.
Task 1.3: General Compact Support— Priority Tasks
Representative tasks include: Providing support on short and longer-term tasks as prioritized and
assigned by the CLC or the Contract Administrator, as appropriate, on an annual basis with the
ability to make adjustments on a quarterly basis as issues, challenges, and opportunities arise in
furthering the interests of the Compact partners; developing an annual Compact work plan in
collaboration with the CLC and the Contract Administrator, as appropriate, to guide Compact's
annual work priorities and deliverables; maintaining a timeline; and developing processes to
achieve deliverables.
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Task 1.4: Annual Regional Climate Leadership Summit ("Summit") Support
Representative tasks include: Participating on Summit planning team calls; assisting with the t0
development of Summit themes, panels, and deliverables; assisting with the identification and
engagement of speakers for the Summit; traveling to and participating in the Summit. ISC shall
pay for a competitively priced event management software solution for the annual Leadership
Summit. The Compact website will include a robust Summit page(s) to be used to host all
information related to Summit, rather than an external website.
Task 1.5: General Fundraising Support
Representative tasks include: Identifying new grant resources for the Compact (federal, state, or
private philanthropy) and coordinating the development of proposals and budgets in partnership
with the CLC and Contract Administrator, as appropriate. As appropriate and directed by the
Compact, ISC staff will facilitate annual proposal development and submission of the Department
of Environmental Protection's Resilient Florida grant. Depending on the structure of the grant 0
application or grant agreement, certain approvals from various County administration or
governing boards may be required.
Task 1.6: Compact Subject Matter Expert (SME) Teams Coordination and Support
Representative tasks include: Identifying key issues and annual priorities in collaboration with
SME teams; developing agendas for participants; scheduling meetings and, upon request, CL
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providing facilitation during the meetings; taking meeting notes, and tracking progress through
completion; providing research, analysis, and specific Compact-branded guidance products,
tools, and reports, as requested by the working groups; and conducting all tasks in compliance
with all applicable laws. UI
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Task 2: Provide Implementation Support for the Regional Climate Action Plan ("RCAP")
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Task 2.1: RCAP Implementation Workshops (up to three per year)
Representative tasks include: Designing the workshop and agenda; managing logistics; and
producing the guidance materials as appropriate and directed,for the Compact website. ISC must U
pay for all workshop event costs, including zoom webinar subscription costs, ISC staff travel costs,
venue, audiovisual equipment, catering, printing, and other miscellaneous costs, as needed.The E
CLC shall decide on an annual basis if the workshops are to be virtual or in person. During in
person workshops, the CLC shall decide the distribution of meeting locations to be held among
the four Counties, with preference given to rotating meeting locations among each of the
Counties.
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Task 2.2: RCAP Resources and Guidance Products
Representative tasks include: Developing and providing continual updates to an online library of
curated and reviewed resources to accompany RCAP recommendations. Additionally, at the
Compact's request, ISC will develop RCAP Implementation Guidance Products to support
workshop topics, reports that compile all resources provided by workshop speakers on a given
topic, as well as additional case studies, technical information, tools, policy guidance, or useful
information to support implementation of recommendations. Guidance products will be posted
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on the Compact website. CL
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Task 3: Compact Climate Assessment Tool (C-CAT)
Representative tasks include: Continuously improving and updating the annual C-CAT survey, as
appropriate in partnership with the CLC, administering the annual survey process, analyzing
survey data to monitor annual trends, and producing the annual C-CAT regional snapshot
published on the Compact's website.
Task 4: Southeast Florida Climate Indicators
Representative tasks include: Working with the CLC and a SME team to prepare and update the
Climate Indicators data that provides clear evidence of the climate change occurring in the
region; schedule meetings, help develop agendas in partnership with the SME lead, and upon
request, providing facilitation, taking meeting minutes, and tracking progress through
completion; providing additional support, as requested by the SME team; resilience staff from 0
the Parties, and the Contract Administrator, as appropriate; and conducting all meetings in
accordance with applicable law.
Task 5: Inflation Reduction Act (IRA) Funding Support
Representative task include: Working with the CLC and SME team to identify and provide
information regarding IRA funding opportunities that align with local government climate action
priorities in the region; identifying opportunities for the Compact to provide capacity-building
support to local governments and other stakeholders to maximize potential IRA impact in the
region; providing logistical and facilitation support as needed; scheduling meetings and exploring
partnerships with key stakeholders and partners, if requested. UI
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Task 6: Compact Communications Support
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Task 6.1: Compact Website and Compact Currents
Representative tasks include: Providing ongoing support and maintenance to the Compact
website; developing new content and pages on the Compact site; developing and delivering U
Compact Currents, the Compact's quarterly e-newsletter.
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Task 6.2: Press/Media Relations and External Inquiries Support
Representative tasks include: Fielding and responding to media requests on behalf of the
Compact when appropriate; directing reporters to relevant CLC members or Parties' resilience
staff; speaking to reporters on background; developing talking points for Parties with press;
tracking all relevant press; and responding to Compact email inquiries, as requested by resilience
staff from the Parties and the Contract Administrator, as appropriate.
Task 6.3: Compact Communication Collateral Development and Maintenance
Representative tasks include: Developing and updating templates for Compact presentations for
use by Parties; developing and updating Compact fact sheets and other communication pieces as
requested by the Parties, or as required by the circumstances.
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Deliverables
ISC must provide a quarterly narrative report detailing activities across these six key tasks,
including an ISC accounting of staff time and expenses for review and approval by the Contract
Administrator.
Personnel and Fringe Benefits—salaries are budgeted as gross wages and reflect current or
comparable rates from ISC's current projects. ISC fringe benefits are based on each employee's
salary, timesheet allocations, and its Negotiated Indirect Cost Rate Agreement ("NICRA")
(included as Attachment A), which is approved by the United States Agency for International
Development, ISC's cognizant audit agency.
Travel—ISC requires travelers to take reasonable steps to lower travel costs and air travel is 0
based on economy or coach class fares. ISC pays for actual hotel costs and provides per diem
rates for meals and incidental expenses that do not exceed US Government rates.
Other Direct Costs—ISC's estimates include communication and photocopying expenses and a
portion of ISC's A-133 audit expense.These expenses have been budgeted for this program based
on ISC's overall program cost and budget. CL
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Indirect Costs—ISC's indirect cost calculation methodology uses a modified total direct cost base
consisting of total direct costs, less grant agreement amounts that exceed $25,000. ISC's NICRA
is currently 29.7% percent of its modified total direct cost base. UI
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FROM HFAVIFRI(-A'41'F0FIF
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October 27,20122
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Ms.Twa Lovato
Senior Finance MaisagerlController U
In;A, ftite for Sustainable Conumnuties(ISQ
535 Stone Cutters Wa�y
Montpelier,Vermont 051602 0
Dear Ms.LovatG,
The Chmrhe:4 Spemal Cost and ClcneGut Brawl of the Office of Acquoiison and Assiztance w9hin the
Management is the central unit audim%zed to negotiate indmact cost rates vnth concerns aided,
contracts,grants or cooperatme agreements by the U.S.Agency for Ur al EL-velopment(USAID). 0
Enclosed is the USAED Negotiated hidmed Cost Rate Agreement(PECR-A)for die appmpriate official in your
orgammhon to sign. 'Ile MCR-A sets the final indirect cost rates,for the fis-cal.year ending September 30.
2020, and esiablLshes pixnrisional indu-ect cost ntes for the period beginning October 1, 2020, until
amended.
Note that ffiese codiiect cost rates apply to,all flemble-pneedzivards/rootracts mcmporafin&pamisicnial iouiixect
cost rates. For awards that incorporate these�rates,I ou are directed mithin IN days to take the necessary >
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actions, to Aust your invoices or financial expenditure reports 1;SF-42-5)for the ififfereoce,between
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the billed indirect rates(prwlisional and finsil)in the NICIRk. Further,be 2ware dizt the MCRA does CL
not change any mcnetaxy ce3lingobligation or specific cost allowance or&n.Loaramce pruaided for in each
award between the parties. Tbezefore,care needs to be taken to emu are that amounts claimed do not emceed,
award limitabons or indirect cost rate ceilings.
Pleam print and sign the aftwAied electi-omc copy of ffie MCRA Retain one signed copy and email a s%ped
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copy to CemiJi-act Specialist Rmni Khyanmi at Aihvaonit mm aid.guv at yourezilest conveiiience. If you prefer,
send a signed copy of the M,CRA to me at the following addivens:ND`O SAS AOCC,UA,Room 10.3.1 A,
USAID,1300 Pennsyhvanna Ave,N-W,Washington,DC 20513-7802. CL
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If you Lnreany questions concerning;the abm-e,please contact(R=Khyami)at(202)9'16-2557. 0
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Sincerely,
Eugema L.Blovm U
Agreement Officer
Overbe!4 Special Cost and Closead Branch
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st,Audit axid Support Elt%mon Co
Offi.ce of Acqmsihon and Amistmce U
himageinent Bureau
Enclomire-USAID IZCRA
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I'll ItM.:M MLAMLKKAN'LUFU E
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NEGOTIATED E DIRECT COST'KkTE AGREEMENT
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October 2 7,2022
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I-msfifute for Sustainable Co ties(ISC)
535 Stone Cu,tters Way
Montpelier,Vennont 05602
The rates approved ua this Agreement are for use on grants,contrwts and other agements,With 0
the Federal Government to win'ch 2 Code of Federal Regulations(CFR)20o applies,subject to,the
conditions in section 11A,below. The rate(s),were negotiated b-
y the U.S.Agency for Enternational
Development by accor&mce with the authonty contamed m Appendix IV,Para gap h C.2(a)of the
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SECTION L NEGOTIATED INDIRECT COST RATES, >
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aTwnw PmoD zomwr icc*T RATEs
FPJME BENMTS, OVERBFAiD
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7m—ar-- 10-01-19 09-30-20 26.62%, 2
Provisional 10-04-20 Until Amendedgyp, 29.61%
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(a) Total labor dollars emchWing national in-count7y staff salafies, expatriate allowances,. U
relocation allowances,and temporary stall
(b)Total co.,ts excluding overhead expenses,donated services,and sub-awarch over S25,000
per each subawaFd U
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First Amendment to Interlocal AgreementPage 16 of 16
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Kevin Madok, cPA
'• Clarkof the Circuit Court b ComptrOlier— Monroe County, Florida
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I]A`TE: November 12, 2020 CL
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Cilief Resilicnce (Alicer
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FROM: Pamela(,, liauic( ,C.
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SLWECT: t)ctob r 21' lit lCC Mectkig
1.aiclosed are fiiur duplicate origiiials of the foflowi'K. ifeni, executed on befi:df of INInitroe
County, for your handling:
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P8 biterlocal .'tt'eemetlt %%ritli liroww-d Cott:ity, it+ W.iii-Dade Coutity and Palm Bcaclt
Comity for f narictaf iupport to the Sotlilieam Flo6dai RL'�,'ioti:ll ClillIatC Cliarige Ccimllact to
9proArk a $275,0W).00 over diree years,gild graii(ed approval to audion'm tlic Office of County
Attursicy to snake minor m-m-substantive edits to the %ubject agreement with review acid approval as
to lone,iii case mitior edits or clarifications become necessary.
0rice you Iiave a fully executed original (Ad ie agreement please forward tie)our office for
dw record, Sbould you Rave ally questions please feel free to contact me at (30.5) 292-3550.
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File
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KEY WEST MARATHON _ PLANTATION KEY PKIROTH BUILDING
500wh)t t"Street 3117 Overseas Highway W820 Overseas Howasy 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 P! i
305-294-4641 305-289.6027 305-852-7145 305 Packet Pg. 2378
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Exhibit 2
Page I of 24
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INTERLOCAL AGREEMENT AMONG BROWARD COUNTY, MIAMI-DADE COUNTY,
MONROE COUNTY,AND PALM BEACH COUNTY FOR COST SHARE SUPPORT OF SERVICES FOR CL
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THE SOUTHEAST FLORIDA REGIONAL CLIMATE CHANGE COMPACT
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This Agreement("Agreement") is made and entered into by and among Broward County CL
("Broward"), Miami-Dade County("Miami-Dade"), Monroe County("Monroe"),and Palm Beach 0
County("Palm Beach"), political subdivisions of the State of Florida, (collectively referred to as
the "Parties" and, when excluding Broward, the "Contributing Counties").
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Recitals LM
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A. Southeast Florida is one of the most vulnerable areas in the country to the impacts of c3
climate change.
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B. The Parties adopted the Southeast Florida Regional Climate Change Compact("Compact")
in 2009.
C. Since adopting the Compact, the Parties have worked with one another and numerous
0
other stakeholders to address climate change at the regional level. °
76
D. In the eleven years since the Compact was adopted, the Parties and other stakeholders
- -successfully completed a Regional Climate Action Plan ("RCAP") of 110 recommendations
and a significant update to the RC4P after a five-year implementation period, a unified
sea level rise projection for Southeast Florida and two subsequent updates, a regional
greenhouse gas emissions inventory, a regional vulnerability analysis,joint annual state
and federal legislative programs, planning and execution of twelve Regional Climate
Leadership Summits, and other joint activities, earning significant national and
international attention.
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E. The Parties have recognized the benefits of regional coordination since the adoption of 0
the Compact.
F. The Institute for Sustainable Communities, a Vermont not-for-profit corporation
registered to do business in the State of Florida ("ISC"), has provided coordination and
facilitation services to the Parties since 2011 to advance the aims of the Compact.
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G. The Kresge Foundation("Kresge")has supported ISC coordination and facilitation services
for the Compact to further augment Compact implementation with One Million Eight U
Hundred and Seventy Five Thousand Dollars ($1,875,000) in funding from 2013 through
2020, but reduced funding from Two Hundred Thousand Dollars ($200,000)annually for N
2018 and 2019,to One Hundred Thousand ($100,000)for 2020,with no further funding, N
requiring the Parties to increase their individual contributions to maintain the same level N
of ISC support.
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H. The Parties desire to continue to engage ISC to provide coordination and facilitation
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services. CL
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I. The Parties acknowledge that a contract for services with ISC would be most efficiently
retained and supervised by one county; and CL
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J. The Parties desire to enter into this Agreement for cost-sharing support of ISC.
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NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties agree as follows: 0
ARTICLE 1. DEFINITIONS U
1.1 Board.The Board of County Commissioners of Broward County, Florida.
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1.2 Compact Leadership Committee. A committee made up of one representative from each
Party, the requirements for which are further specified in Article 2. The Committee will
provide formal, unified advice and recommendations on climate change and resilience
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issues to the Parties' governing bodies.
1.3 Contract Administrator. The Deputy Director of the Broward County Environmental
Protection and Growth Management Department.
1.4 County Administrator.The administrative head of Broward appointed by the Board.
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1.5 County Attorney.The chief legal counsel for Broward appointed by the Board.
1.6 Fiscal Year. The County Fiscal Year begins on October 1' of each year and continues 75
through September 301h of the following calendar year.
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1.7 Services. All work required of ISC by Broward on behalf of the Parties under an agreement
between Broward and ISC, including, without limitation, all deliverables, consulting,
training, project management, payments, and other services specified in Exhibit A.
ARTICLE 2. OBLIGATIONS OF PARTIES
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2.1 Broward shall pay ISC for coordination and facilitation services for the Compact pursuant
to an agreement between Broward and ISC for such services ("ISC Coordination and U
Facilitation Services Agreement"). Upon receipt of an invoice pursuant to section 4.2 of N
this Agreement, Contributing Counties agree to each remit up to Two Hundred Seventy- N
Five Thousand Dollars ($275,000)to Broward to be used as their share of costs Broward N
will incur pursuant to the ISC Coordination and Facilitation Services Agreement. All N
Parties agree to contribute equal amounts,within the dollar limits of this Agreement. To
this end, Broward agrees to also remit up to Two Hundred Seventy-Five Thousand Dollars E
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Exhibit 2
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($275,000) to ISC for Services under the ISC Coordination and Facilitation Services
Agreement. and, on behalf of the Parties, to retain and supervise ISC's performance of CL
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the ISC Scope of Services, attached as Exhibit A.
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2.2 The Parties agree to participate in a four-County Compact Leadership Committee, which CL
will provide formal, unified advice and recommendations on climate change and c0
resilience issues to the Parties' governing bodies. The Parties will each select one
representative to serve on the Compact Leadership Committee, which representative
must have experience and knowledge in the area of resilience and climate change and U
must have a leadership position related to the area of resilience and climate change in 0
the respective County's govemment. Each party may designate an alternate to the
Compact Leadership Committee, but such alternate must meet the same qualifications as U
each party's representative.The initial representatives from each County are:
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• The Chief Resilience Officer of Broward County.
• The Deputy Resilience Officer of Miami-Dade County.
• The Chief Resilience Officer of Monroe County.
• The Director of the Office of Resilience of Palm Beach County. 0
The Compact Leadership Committee will seek input from stakeholders and technical and
scientific experts, and it may invite and hear from experts and representatives of other
local governments and stakeholders,including,but not limited to,local municipalities,the
South Florida Water Management District, the Nature Conservancy, the Florida Climate '
Institute, and the South Florida Regional Planning Council.
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The Compact Leadership Committee will serve in an advisory capacity to the Parties'
governing bodies and lacks the power or authority to commit the Parties or any of their
75
agencies or instrumentalities to any policies, incur any financial obligations, or to create
any liability, contractual or otherwise, on behalf of the Parties or any of their agencies or CL
instrumentalities. cos
All proceedings of the Compact Leadership Committee must be conducted in accordance
with the Government in the Sunshine Law, § 286.011, F.S., and the Florida Public Records
Act,Ch. 119, F.S. Members of the Compact Leadership Committee must also comply with
all applicable ethics laws. Three members of the Compact Leadership Committee
constitute a quorum. The Compact Leadership Committee will hold regular meetings and
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may create its own rules of procedure, as needed, provided that such rules are consistent E
with this Agreement and applicable laws. The Compact Leadership Committee shall U
decide on an annual basis the distribution of meeting locations to be held among the four N
Counties, with preference given to rotating meeting locations among each of the N
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Counties. N
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ARTICLE 3. TERM AND TIME OF PERFORMANCE CN
3.1 The term of this Agreement shall begin on January 1, 2021, and shall end at 11:59 PM on CL
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January 1, 2024 ("Term"). The continuation of this Agreement beyond the end of any of
the Parties' fiscal years is subject to both the appropriation and the availability of funds
in accordance with Chapter 129, Florida Statutes. The failure of any party to budget or CL
appropriate sufficient funds for this Agreement shall constitute additional grounds for any c0
other party to terminate this Agreement pursuant to the procedures in sections 7.3 and
7.4 of this Agreement. Any extensions of time beyond the Term shall require an
amendment to this Agreement, pursuant to the requirements for amendments stated
herein. 0
3.2 Unless otherwise agreed by the Parties in writing, all duties, obligations, and
responsibilities of the Parties required by this Agreement shall be completed no later than
January 1, 2024. Time is of the essence in performing the duties, obligations, and
responsibilities required by this Agreement.
ARTICLE 4. COMPENSATION
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4.1 For the Term, Contributing Counties will pay Broward up to a maximum amount as
follows:
Services/Goods Not-To-Exceed Amount
Miami-Dade
Monroe
Palm Beach
X
TOTAL NOT TO EXCEED 2,
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4.2 METHOD OF BILLING AND PAYMENT
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4.2.1 Broward may submit invoices for compensation to Contributing Counties no more
often than quarterly, but only after the Services for which the invoices are
submitted have been completed by ISC. Contributing Counties agree to pay
Broward by check or electronic funds transfer no later than thirty (30) days from
receipt of Broward's invoices at:
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Broward County Board of County Commissioners E
Attn: Jennifer Jurado, PhD, Deputy Director, Environmental Protection and U
Growth Management Department, and Chief Resilience Officer N
Governmental Center, Suite 329B
115 South Andrews Avenue Q
Fort Lauderdale, Florida 33301
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Exhibit 2
Page 5 of 24
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4.2.2 Broward may invoice each of the Contributing Counties in the amounts set forth
as follows: CL
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Fiscal Year 2021: Quarter 2 $25,000 CL
Fiscal Year 2021: Quarter 3 $25,000 t0
Fiscal Year 2021: Quarter 4 $25,000
Fiscal Year 2022: Quarter 1 $25,000 Cj
Fiscal Year 2022: Quarter 2 $25,000 0
Fiscal Year 2022: Quarter 3 $25,000
Fiscal Year 2022: Quarter 4 $25,000 U
Fiscal Year 2023:Quarter 1 $25,000
Fiscal Year 2023: Quarter 2 $25,000
Fiscal Year 2023: Quarter 3 $25,000
Fiscal Year 2023. Quarter 4 $25,000
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ARTICLE S. GOVERNMENTAL IMMUNITY
Nothing herein shall constitute a waiver of Section 768.28 of the Florida Statutes by any of the
Paiiies or shall be construed as impacting or modifying the protections set forth therein except
to the extent otherwise required under applicable Florida law. In addition, nothing herein shall
be construed as consent to be sued by third parties in any matter arising out of this Agreement
or any other contract. The Parties are political subdivisions as defined in Section 768.28, Florida
Statutes, and each party shall be fully responsible for the acts and omissions of its agents or
employees to the extent permitted by law.
ARTICLE 6. INSURANCE
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Parties are entities subject to Section 768.28, Florida Statutes, and shall furnish the other Parties
with written verification of liability protection in accordance with state law upon request by a
party subject to this Agreement.
ARTICLE 7. TERMINATION
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7.1 This Agreement may be terminated for cause by an aggrieved parry if a party in breach
has not corrected the breach within ten{10) days after receipt of written notice from the U
aggrieved party identifying the breach. This Agreement may also be terminated for N
convenience by the Board. Termination for convenience by the Board shall be effective N
on the termination date stated in the written notice provided by Broward, which CN
termination date shall be not less than thirty (30) days after the date of such written C'
notice. This Agreement may also be terminated by Broward's County Administrator upon
such notice as Broward's County Administrator deems appropriate under the E
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Exhibit 2
Page 6 of 24
N
circumstances in the event Broward's County Administrator determines that termination
is necessary to protect the public health, safety, or welfare. If Broward erroneously, CL
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improperly, or unjustifiably terminates for cause, such termination shall, at Broward's
sole election, be deemed a termination for convenience, which shall be effective thirty
(30)days after such notice of termination for cause is provided. CL
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7.2 This Agreement may be terminated for cause for reasons including, but not limited to,
submission for payment of false or incorrect bills or invoices or failure to promptly make
payment pursuant to invoices. This Agreement may be terminated for convenience by
any party to this Agreement if ISC is placed on the Scrutinized Companies with Activities 0
in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List created pursuant to Section 215.473, Florida Statutes,or if ISC provides a false U
certification submitted pursuant to Section 287.13S, Florida Statutes.
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7.3 Notice of termination shall be provided in accordance with the "Notices" section of this ED
Agreement except that notice of termination by Broward's County Administrator, which
Broward's County Administrator deems necessary to protect the public health, safety, or
welfare, may be verbal notice that shall be promptly confirmed in writing in accordance
0
with the "Notices" section of this Agreement. °
7.4 In the event this Agreement is terminated by any party pursuant to the provisions of this
Agreement,Broward shall be paid in accordance with Article 4 for any Services performed
under the agreement with ISC so that Broward may pay ISC through the termination date
specified in the written notice of termination. Broward shall notify ISC to refrain from
performing further Services or incurring additional expenses under the terms of its
agreement with ISC. In the event that Broward, in its sole discretion, determines ISC is
not entitled to payment for Services and elects to not pay ISC for particular Services,
Broward shall refund each Contributing County its pro rato share of money received by
Broward that will not be paid to ISC. Contributing Counties acknowledge that they have
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received good, valuable, and sufficient consideration from Broward, the receipt and 0
adequacy of which are hereby acknowledged by Contributing Counties, for Broward's
right to terminate this Agreement for convenience.
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ARTICLE 8. EEO COMPLIANCE
8.1 No party to this Agreement may discriminate on the basis of race, color, sex, religion,
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national origin, disability, age, marital status, political affiliation, sexual orientation,
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pregnancy, or gender identity and expression in the performance of this Agreement. U
Failure by any party to carry out any of the requirements of this section shall constitute a
material breach of this Agreement, which shall permit any other party to terminate this N
Agreement or to exercise any other remedy provided under applicable law, all such N
remedies being cumulative. N
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Page 7 of 24
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ARTICLE 9. MISCELLANEOUS
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9.1 Rights in Documents and Work. Any and all reports,photographs,surveys,and other data
and documents provided or created in connection with this Agreement are and shall
remain the property of Broward and, if ISC has claimed a copyright, ISC has agreed to
grant Broward a non-exclusive license to use the copyrighted item(s) indefinitely, to 0
prepare derivative works, and to make and distribute copies to the public, which license
Broward agrees to grant to and share with Contributing Counties.
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9.2 Public Records. The Parties are public agencies subject to Chapter 119, Florida Statutes. LM
To the extent ISC is a subcontractor acting on behalf of the Parties pursuant to Section
119.0701, Florida Statutes,the ISC Coordination and Facilitation Services Agreement shall c3
contain any language required pursuant to Section 119.0701, Florida Statutes.
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9.3 Truth-In-NMtiation Representation. This Agreement is based upon representations
supplied by the Parties to each other and the Parties certify that the information supplied,
including without limitation in the negotiation of this Agreement, is accurate, complete,
and current at the time of contracting.
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9.4 Public Entity Crime Act. Each of the Parties represents that it is familiar with the
requirements and prohibitions under the Public Entity Crime Act,Section 287.133, Florida
0
Statutes, and represents that its entry into this Agreement will not violate that Act. In
addition to the foregoing, each of the Parties further represents that there has been no
determination that it committed a "public entity crime" as defined by Section 287.133, 0
Florida Statutes,and that it has not been formally charged with committing an act defined
as a "public entity crime" regardless of the amount of money involved or whether it has
been placed on the convicted vendor list. Notwithstanding any provision in this
Agreement to the contrary, if any representation made by a party pursuant to this
paragraph is false, each of the Parties shall have the right to immediately terminate this
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Agreement. 0
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9.5 Independent Contractor. Parties are independent contractors under this Agreement. In
providing services under this Agreement, neither Broward nor its agents shall act as
officers, servants, employees, or agents of Contributing Counties. Contributing Counties
and each entity's agents shall not act as officers, servants, employees, or agents of
Broward. Broward shall have control of the work performed by Broward in accordance
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with the terms of this Agreement and of all persons performing the same, and Broward
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shall be responsible for the acts and omissions of its officers, agents, servants, and c)
employees, if any. None of the Parties shall have the right to bind any other party to any
obligation not expressly undertaken under this Agreement. N
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ISC is an independent contractor under its agreement with Broward. The ISC Coordination c14
and Facilitation Services Agreement provides that neither ISC nor its agents shall act as
officers, employees, or agents of Parties. Contributing Counties recognize that ISC shall E
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Exhibit 2
Page 8 of 24
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not have the right to bind Parties to any obligation. Broward shall not be responsible to
Contributing Counties for any adverse actions taken by ISC, unless caused by the sole CL
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negligence of Broward or Broward's employees.
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9.6 Third Party Beneficiaries. Neither Contributing Counties nor Broward intends to directly CL
or substantially benefit a third party by this Agreement. Therefore, the Parties t0
acknowledge that there are no third party beneficiaries to this Agreement and that no
third party shall be entitled to assert a right or claim against any party based upon this
Agreement. Nothing in this Agreement,express or implied,is intended to(i)confer upon Cj
any entity or person other than the Parties and their successors or assigns any rights or 0
remedies under or by reason of this Agreement as a third party beneficiary or otherwise,
except as specifically provided in this Agreement; or (ii) authorize anyone not a party to U
this Agreement to maintain an action pursuant to or based upon this Agreement.
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9.7 Notices. For a notice to a party to be effective under this Agreement,notice must be sent
via U.S. first-class mail with a contemporaneous copy via email to the addresses listed
below. Notice will be effective upon mailing. The addresses for notice shall remain as set
forth herein unless and until changed by providing notice of such change in accordance o
with the provisions of this section.
FOR BROWARD:
Broward County Environmental Protection and Growth Management Department
Attn: Jennifer Jurado, PhD, Deputy Director
Governmental Center, Room 329B
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Email address: jjurado@broward.org
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FOR MIAMI-DADE:
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Miami-Dade Office of Resilience, Regulatory& Economic Resources Department
Attn. Nichole Hefty, Deputy Resilience Officer
Stephen P. Clark Center
111 NW 1st Street, 12th Floor
Miami, Florida 33128
Email address: Nichole.Hefty@miamidade.gov
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FOR MONROE: E
Monroe County Administration U
Attn: Rhonda Haag, Chief Resilience Officer N
102050 Overseas Highway, Ste. 246 N
Key Largo, FL 33037 N
Email address: Haag-Rhonda@MonroeCounty-FL.Gov N
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Page 9 of 24 ,
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FOR PALM BEACH:
Palm Beach County Office of Resilience CL
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Attn: Megan Houston, Director
2300 North Jog Road,4th Floor
West Palm Beach, FL 33411
Email address: MSHouston@pbcgov.org t0
9.8 Assignment and Performance. Except for the ISC subcontracting approved in writing by
the Parties at the time of its execution of this Agreement or any written amendment U
hereto, neither this Agreement nor any right or interest herein may be assigned, LM
transferred, subcontracted, or encumbered without the prior written consent of the
Parties. if any party violates this provision, any other party shall have the right to U
immediately terminate this Agreement by providing notice per section 9.7.
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9.9 Materiality and Waiver of Breach. Each requirement,duty,and obligation set forth herein
was bargained for at arm's-length and is agreed to by the Parties. Each requirement,duty,
and obligation set forth herein is substantial and important to the formation of this
Agreement,and each is,therefore,a material term hereof. Any Parties`failure to enforce
0
any provision of this Agreement shall not be deemed a waiver of such provision or °
modification of this Agreement. A waiver of any breach of a provision of this Agreement
shall not be deemed a waiver of any subsequent breach and shall not be construed to be
a modification of the terms of this Agreement.
9.10 Compliance with Laws. The Parties shall comply with all applicable federal, state, and
local laws, codes, ordinances, rules, and regulations in performing its duties,
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responsibilities, and obligations pursuant to this Agreement.
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9.11 Severability. In the event any part of this Agreement is found to be unenforceable by any 75
court of competent jurisdiction, that part shall be deemed severed from this Agreement
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and the balance of this Agreement shall remain in full force and effect. 0
9.12 Joint Preparation. This Agreement has been jointly prepared by the Parties hereto, and
shall not be construed more strictly against any party.
9.13 Interpretation. The headings contained in this Agreement are for reference purposes only
and shall not in any way affect the meaning or interpretation of this Agreement. All
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personal pronouns used in this Agreement shall include the other gender,and the singular
shall include the plural,and vice versa,unless the context otherwise requires. Terms such U
as"herein," "hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole N
and not to any particular sentence, paragraph, or section where they appear, unless the N
context otherwise requires. Whenever reference is made to a section or article of this N
Agreement, such reference is to the section or article as a whole, including all of the N
subsections of such section, unless the reference is made to a particular subsection or
subparagraph of such section or article.
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Exhibit 2
Page 10 of 24
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9.14 Priority of Provisions. If there is a conflict or inconsistency between any term, statement, CL
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requirement, or provision of any document or exhibit attached hereto or referenced or
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incorporated herein and any provision of Articles 1 through 9 of this Agreement, the
provisions contained in Articles 1 through 9 shall prevail and be given effect. CL
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9.15 Law, Jurisdiction, Venues Waiver of Jury Trial. This Agreement shall be interpreted and
construed in accordance with and governed by the laws of the state of Florida. The Parties
agree that the exclusive venue for any lawsuit arising from, related to, or in connection U
with this Agreement shall be in the state courts of the Seventeenth Judicial Circuit in and LM
for Broward County, Florida. If any claim arising from, related to, or in connection with
this Agreement must be litigated in federal court, the Parties agree that the exclusive U
venue for any such lawsuit shall be in the United States District Court or United States
Bankruptcy Court for the Southern District of Florida. BY ENTERING INTO THIS 0
AGREEMENT, THE PARTIES HEREBY EXPRESSLY WAIVE ANY RIGHTS THE PARTIES MAY
HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. IF
A PARTY FAILS TO WITHDRAW A REQUEST FOR A JURY TRIAL IN A LAWSUIT ARISING
OUT OF THIS AGREEMENT AFTER WRITTEN NOTICE BY ANY OTHER PARTY OF VIOLATION
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OF THIS SECTION,THE PARTY MAILING THE REQUEST FOR JURY TRIAL SHALL BE LIABLE
FOR THE REASONABLE ATTORNEYS' FEES AND COSTS OF ALL OTHER PARTIES IN
CONTESTING THE REQUEST FOR JURY TRIAL,AND SUCH AMOUNTS SHALL BE AWARDED
BY THE COURT IN ADJUDICATING THE MOTION.
9.16 Amendments. No modification, amendment, or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document prepared with
the same or similar formality as this Agreement and executed by the Board and
Contributing Counties or others delegated authority or otherwise authorized to execute
same on their behalf. 75
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9.17 Prior 6greements. This Agreement represents the final and complete understanding of
the Parties regarding the subject matter hereof and supersedes all prior and
contemporaneous negotiations and discussions regarding that subject matter. There is
no commitment, agreement, or understanding concerning the subject matter of this
Agreement that is not contained in this written document. '
Payable Interest
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9.18.1 Payment of Interest. Each of the Parties shall not be liable to pay any interest to 0
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any of the other Parties for any reason, whether as prejudgment interest or for
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any other purpose, and in furtherance thereof each of the Parties waive, reject, N
disclaim, and surrender any and all entitlement it has or may have to receive N
interest in connection with a dispute or claim arising from, related to, or in N
connection with this Agreement. This paragraph shall not apply to any claim for
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Exhibit 2
Page 11 of 24
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interest, including for post-judgment interest, if such application would be
contrary to applicable law. CL
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9.18.2 Rate of Interest. If, for whatever reason, the preceding subsection is determined
to be invalid or unenforceable by a court of competent jurisdiction, the annual CL
rate of interest payable by any of the Parties under this Agreement, whether as t0
prejudgment interest or for any other purpose, shall be, to the full extent
permissible under applicable law, 0.25% (one quarter of one percent) simple
interest(uncompounded).
0
9.19 Incorporation by Reference. Any and all Recital clauses stated above are true and correct
and are incorporated herein by reference. The attached Exhibits are incorporated into U
and made a part of this Agreement.
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9.20 Representation of Authority. Each individual executing this Agreement on behalf of a
party hereto hereby represents and warrants that he or she is,on the date he or she signs
this Agreement, duly authorized by all necessary and appropriate action to execute this
Agreement on behalf of such party and does so with full legal authority.
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9.21 Counterparts and Multiple Originals. This Agreement may be executed in multiple
originals, and may be executed in counterparts, each of which shall be deemed to be an
original, but all of which,taken together,shall constitute one and the same agreement.
9.22 Contingency Fee. Each of the Parties represents that it has not paid or agreed to pay any
person or entity, other than a bona fide employee working solely for a party, any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from
the award or making of this Agreement.
9.23 Use of Broward Logo. Contributing Counties shall not use Broward's name, logo, or
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otherwise refer to this Agreement in any marketing or publicity materials without the
prior written consent of Broward. Broward consents to use of its name and logo in
marketing and publicity materials related to the Compact by the Contributing Counties.
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9.24 Force Maieure. If the performance of this Agreement, or any obligation hereunder, is
prevented by reason of hurricane, earthquake, or other casualty caused by nature, or by
- labor strike, war, or by a law, order, proclamation, regulation, or ordinance of any
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governmental agency,the art yso affected upon giving prompt notice to the other pa
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shall be excused from such performance to the extent of such prevention, provided that U
the party so affected shall first have taken reasonable steps to avoid and remove such N
cause of non-performance and shall continue to take reasonable steps to avoid and N
remove such cause, and shall promptly notify the other Parties in writing and resume N
performance hereunder whenever such causes are removed; provided, however, that if N
such non-performance exceeds sixty (60) days, the party that is not prevented from
performance by the force majeure event shall have the right to terminate this Agreement E
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• P.6.b
Exhibit 2
Page 12 of 24
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upon written notice to the Parties. This section shall not supersede or prevent the
exercise of any right the Parties may otherwise have to terminate this Agreement. CL
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• P.6.b
Exhibit 2
Page 13 of 24
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IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement:
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BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS,signing by and through its CL
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Mayor or Vice-Mayor, authorized to execute same by Board action on the Q1 day of
,2DL� and Contributing Counties,signing by and through their officials,duly
authorized to execute same. CL
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BROWARD
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ATTEST) BROWARD COUNTY, by and through
its Board of County Commissioners
DigiWly signed by STEVE A.
STEVE A. GELLER GELLER U
By. Date:2021.02.16 16-41 M-05na -
Br and County Administrator,as
Ex-bfficio Clerk of the Broward County day of r 20'}
Board of County Commissioners
`` ���t�tiirrrir►iri Approved as to form by
t+ rrr Andrew J. Meyers
�•'� G M �Ssr� Broward County Attorney
■�' '�. Governmental Center, Suite 423
y115 South Andrews Avenue
CLEATED Fort Lauderdale, Florida 33301
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O = OCT 1 st Telephone: (954)357-7600
U '- 1 cn Telecopier: (954)357-7641
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By; Henlon Date:2021MAO17:04:3 -WW'
•fr ��� Damaris Y. Henlon (Date)
�,' Assistant County Attorney
MAITE Digitally signed by MAITE
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By: AZCOITIA Date:2021.U2.1 t 11:1619-05t00'
Maite Azcoitia (Date)
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Deputy County Attorney o
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INTERLOCAL AGREEMENT AhMM6 BROWARD COUNTY,MIAMI-DADE COUNTY, 0
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MON ROE COUNTY,AND PALM SUCH COUNTY FOR COST SHARE SUM)RT OF SERVICES FOR CL
THE SOUrFlEAST FLORIQA REGIONAL CLIMATE CHARGE COMPACT
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INTERLOCAL AGREEMENT AMONG BROWARD COUNTY, MIAMI-DADS COUNTY, �
MONROE COUNTY,AND PALM BEACH COUNTY FOR COST SHARE SUFOORT OF SERWES FORCL
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THE SOUTHEAST FLORIDA REGIONAL CLIMATE CHANGE COMPACT
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MON-RDE E
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BOARD OF COUNTY COMMISSIONERS
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1N MADOK, CLERK Of MONROE COUNTY, FLORIDA
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Packet Pg. 2393
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1 NTERLOCAL AGREEMENT AMONG BROWARD CDUiN R'Y,MIA -DADE COUNTY, CL
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MONROE COUNTY,AND PALM BEACH COUNTY FOR COST SHARE SUPPORT OF SERVICES FOR
THE SOUTHEAST FLORIDA REGIONAL CLIMATE CHANGE COMPACT
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Sharon R.
Approved as to Form and Sufficiency Y. IL
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(CORPORATE SEAL OR NOTARY)
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APPROVED AS TO TERMS AND CONDMONS
By
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P.6.b
Exhibit 2
Page 17 of 24
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Exhibit A—ISC Scope of Services
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Support for the Southeast Florida Regional Climate Change Compact
Statement of Work for FY2021—2023
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During the contracted period, the Institute for Sustainable Communities ("ISC") must provide a U
level of effort and time per year that will not be less than the equivalent of two and a half(2.5)
full-time employees.This level of effort will combine the time and expertise of ISC staff to provide
services to the South Florida Regional Climate Change Compact ("Compact"), including
governance process facilitation and support, strategic and technical assistance, communications 0
delivery and support, and assistance in identifying additional financial resources from federal, U
state,and private philanthropic sources to support the growth and expansion of Compact service
delivery. With respect to the Compact Leadership Committee ("CLC"), as well as working groups �
and advisory groups, ISC must conduct all tasks in accordance with the Sunshine Law,the Public
Records Act, and all other applicable law. The details of the services ISC must perform are
articulated in the tasks and deliverables set forth below.
Task 1: Provide Secretariat Services for the Compact o
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Task 1.1: Compact Leadership Committee Meeting Support
Representative tasks include: Coordinating a minimum of monthly meetings of the Compact
Leadership Committee and providing meeting support, identifying key strategic and
management issues for the ongoing success of the Compact; developing meeting agendas in
partnership with the CLC and/or chairperson, as appropriate;compiling hot topics for discussion
with the Compact; facilitating communications by Compact partners; assembling requests for
Compact support and engagement; and conducting tasks in accordance with all applicable laws.
5
Task 1.2: Biannual (2x annually)Compact Retreats LL
Representative tasks include: Identifying key strategic and management issues for the ongoing 0
success of the Compact; providing strategic advice to the CLC and associated staff from the
Parties; developing the retreat agenda with input by CLC and resilience staff from the Parties;
conducting the retreat in accordance with all applicable laws, and paying for various retreat-
related expenses for all attendees, including venue and audiovisual equipment costs, if
applicable, ISC staff travel costs, breakfast and lunch, printing, and other miscellaneous costs. —a
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Task 1.3: General Compact Support—Priority Tasks CL
Representative tasks include: Providing support on short and longer-term tasks as prioritized and t0
assigned by the CLC or the Contract Administrator, as appropriate, on an annual basis with the
ability to make adjustments on a quarterly basis as issues, challenges, and opportunities arise in Q
furthering the interests of the Compact partners; developing an annual Compact work plan in V_
collaboration with the CLC and the Contract Administrator, as appropriate, to guide Compact's N
annual work priorities and deliverables; maintaining a timeline; and developing processes to
achieve deliverables.
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Exhibit 2
Page 18 of 24
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Task 1.4:Annual Regional Climate Leadership Summit("Summit")Support CL
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Representative tasks include: Participating on Summit planning team calls; assisting with the
development of Summit themes, panels, and deliverables; assisting with the identification and
engagement of speakers for the Summit;traveling to and participating in the Summit. CL
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Task 1.5:General Fundraising Support
Representative tasks include: Identifying new grant resources for the Compact(federal,state, or
private philanthropy)and coordinating the development of proposals and budgets in partnership U
with the CLC and Contract Administrator, as appropriate. LM
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Task 1.6: Compact Working Group Coordination and Support U
Representative tasks include: Identifying key issues and annual priorities in collaboration with
working groups; developing agendas for participants; scheduling meetings and, upon request,
providing facilitation during the meetings; taking meeting notes, and tracking action items
through completion; providing research, analysis, and specific Compact-branded guidance
products, tools, and reports, as requested by the working groups; and conducting all tasks in
compliance with all applicable laws.
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Task 2: Provide Implementation Support for the Regional Climate Action Plan ("RCAP"}
Task 2.1: RCAP Implementation Workshops(three per year)
Representative tasks include: Designing the workshop and agenda; managing logistics; and
producing the guidance materials from the RCAF for the Compact website. ISC must pay for all
workshop event costs, including ISC staff travel costs, venue, audiovisual equipment, catering,
printing, and other miscellaneous costs. The CLC shall decide on an annual basis the distribution
of meeting locations to be held among the four Counties, with preference given to rotating
meeting locations among each of the Counties.
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Task 2.2: RCAP Resources and Guidance Products
Representative tasks include: Developing and providing continual updates to an online library of
curated and reviewed resources to accompany RCAP recommendations. Additionally, at the
Compact's request, ISC will develop RCAP Implementation Guidance Products to support
workshop topics, typically 8-20 page reports that compile all resources provided by workshop
speakers on a given topic, as well as additional case studies, technical information, tools, policy
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guidance,or useful information to support implementation of recommendations.
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Task 2.3:Conduct a Regional Greenhouse Gas Inventory N
Representative tasks include: At the Compact's request, ISC will develop inventory scope in N
collaboration with guidance from the CLC and Contract Administrator, as appropriate;obtaining C14
data from all relevant sources across the region; analyzing data; writing, formatting, and N
publishing a report containing conclusions about regional emissions.
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Exhibit 2
Page 19 of 24
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Task 2.4:Sea Level Rise("SLR")Ad Hoc Technical Advisory Group Coordination and Support
Representative tasks include: Developing and administering SLR projection survey; synthesizing
and reporting on survey data; developing agendas; scheduling meetings and, upon request, CL
providing facilitation; taking meeting minutes, and tracking action items through completion; o
providing research to support group activity, as requested by the SLR Ad Hoc Technical Advisory
Group, resilience staff from the Parties, and the Contract Administrator, as appropriate; and
conducting all meetings in accordance with applicable law. U
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Task 3:Coordinate the Third RCAP Analysis and Planning("RCAP 3.0") U
Task 3.1: Provide Support for RCAP Analysis Activities 0
Representative tasks include: Working with the CLC and relevant subject matter experts to
prepare for the Third Regional Climate Action Plan ("RCAP 3.0") document by the end of 2022;
providing logistical and facilitation support; assisting with document preparation and
finalization; managing review and comment processes for draft documents; surveying local o
governments to assess implementation status of the Second Regional Climate Action Plan
(2017) ("RCAP 2.0"); conducting gap analysis.
Task 3.2: Multi Stakeholder Engagement Support
Representative tasks include: Developing a regional stakeholder landscape map in partnership
with the CLC and facilitating/staffing the CLC in the creation of a regional stakeholder
communications and engagement strategy in advance of developing RCAP 3.0.
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Task 3.3: Provide Support for RCAP Strategy Development 21
75
Representative tasks include: Working with the CLC and subject matter experts to structure
and support topically organized RCAP 3.0 strategy working groups; providing logistical and 0
facilitation support as needed; strategic and technical advice on climate strategies; assisting
with draft RCAP preparation and finalization; managing review and comment processes for
draft documents.
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Task 3.4: Provide Support for Final RCAP 3.0 Production
Representative tasks include. Working with the CLC to finalize RCAP 3.0 by analyzing publicCL
comments; revising draft RCAP 3.0 content as needed; updating Compact RCAP website
platform with all new content; producing the final layout version of RCAP 3.0 in pdf format. U
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Task 4:Compact Communications Support N
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Task 4.1:Compact Website and Compact Currents
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• P.6.b
Exhibit 2
Page 20 of 24
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Representative tasks include: Providing ongoing support and maintenance to the Compact
website; developing new content and pages on the Compact site; developing and delivering CL
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Compact Currents,the Compact's quarterly e-newsl ette r.
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Task 4.2. Press/Media Relations and External Inquiries Support CL
Representative tasks include: Fielding and responding to media requests on behalf of the t0
Compact when appropriate; directing reporters to relevant CLC members or Parties' resilience
staff; speaking to reporters on background; developing talking points for Parties with press;
tracking all relevant press; and responding to Compact email inquiries, as requested by resilience
staff from the Parties and the Contract Administrator, as appropriate.
Task 4.3: Compact Communication Collateral Development and Maintenance U
Representative tasks include: Developing and updating templates for Compact presentations for
use by Parties;developing and updating Compact fact sheets and other communication pieces as
requested by the Parties, or as required by the circumstances.
Deliverables
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ISC must provide a quarterly narrative report detailing activities across these four key tasks,
including an ISC accounting of staff time and expenses for review and approval by the Contract
Administrator.
Personnel and Fringe Benefits—salaries are budgeted as gross wages and reflect current or
comparable rates from ISC's current projects. ISC fringe benefits are based on each employee's
salary, timesheet allocations, and its Negotiated Indirect Cost state Agreement ("NICRA")
(included as Attachment A), which is approved by the United States Agency for International
Development, ISC's cognizant audit agency.
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Travel—ISC requires travelers to take reasonable steps to lower travel costs and air travel is
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based on economy or coach class fares. ISC pays for actual hotel costs and provides per diem
rates for meals and incidental expenses that d❑ not exceed US Government rates.
Other Direct Costs—ISC's estimates include communication and photocopying expenses and a
portion of ISC's A-133 audit expense. These expenses have been budgeted for this program
based on ISC's overall program cost and budget.
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Indirect Costs—ISC's indirect cost calculation methodology uses a modified total direct cost base E
consisting of total direct costs, less grant agreement amounts that exceed $25,000. ISC's NICRA U
is currently 28.75%percent of its modified total direct cost base. N
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Exhibit 2
Page 21 of 24 ,
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2. The The p shied by time umd ae a bads fir
ace eaoe of the atle(s)to benin is wt mbmxp*W7%uod to be maWdollsr nsrxtsraoc,
3. That tfm mare data that bm beam taestrd as am&ham sot been chnoW se db 0
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4. Tlt>kmilw tomes of carts hiss bees aac+ar3ed croshim t badmca.
S : The k Mq§iftd to PMVWCvaries
wdficetion is fm imdised we wwtietor p=to mommuft my emwo WE&omm
af>�ect Bra�of'the apprv�Aed>tpea. Aepr�s ias somas pte�e b iec�de
rbw4p in to mefdl of dbmqft a patdk+dar type of cad a dimes of' I -and
in the iedimict seat anDmt km base or aBocedim w mpdm the prior appwovzl of dw
Ot?6oe of mod.Specud Cast eed Oweaet(ElM7 lmne to obem mwb prior wtlt6en
epp vd.mar muh is coat diseilo"Mm
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race is g�atcr am do p YAWOMW no and mane are no fumb xvmmk to amw the ,
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• P.6.b
Exhibit 2
Page 24 of 24
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Iw SPECIAL REMARKS: t0
1. b cheat costs clamed to Feimmi pomWo kwu by other thm ft ram)cited in the
dwWd be sosood to the applicable rates)cited boom wbwh should be apphW to E
ft oppropc£ate base to kkmfrfy the proper stecsn t of hWheat ooft dloo"io do pis gmm. u
2. Ormakoamcts pxovidiM for=Wmp as to the iutlkwt cove rato(s)or s wmKs),wbxk we 0
m Sxbm I Aove,wM be subject to*a WhW stf*Wed m*m Woe,a Murat or
od w agrccmmt. The eeibag roc(s) ar the raw(s) cited a tbm Apvmne t, vrl Wwm m u
womr, wadi be rased to d*ne dw msmuma Www" ihadt out cm the vast ar
coatractt.
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3. T w tales h by appmved we mbjmd to pmw&c mvim by duce Govm=ma at my time lb*
me is 4mmod iropraper or nmmamvmahle, You are =*wstad to advise the Ckmommmm _
psuwdy of any dram nab,whuh weld of cd tie Amy of dw awww d m m
4. You we di to s&nk adjmmned ar final fnmmi l mgmdk e r (5F-425)for sfl �
flmnly prmd t—atd o&w agmemcotg ua m4nunaft or fmW vowJmm fbc aA t`ez3ty
prlood os witbi n 120 dips apex ae of dte firW amW indirect coat roles An t
sowwwob Aotdd be clWy delirsmled so m to be rasdhy idenfifiab[c for vw9con by
thrh offor- Care dhoald be ukm that amauam cWomed do mA=Pmd mwd or
inr recI coat mw cd inga. Lwm will deob wit say rmmmg fms if.the MTM'ed
finmcud awe rel+ocea or voucheas are cat submitted widen IN days. Owe 60
m may is mod,it►rI not ba
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