HomeMy WebLinkAboutItem C07 COUNTY of MONROE BOARD OF COUNTY COMMISSIONERS
� Mayor Michelle Lincoln,District 2
The Florida Keys Mayor Pro Tern David Rice,District 4
y Craig Cates,District 1
James K. Scholl,District 3
� «
Holly Merrill Raschein,District 5
Regular Meeting
April 15, 2026
Agenda Item Number: C7
26-0704
BULK ITEM: Yes DEPARTMENT: Facilities Maintenance
TIME APPROXIMATE: No STAFF CONTACT: Kevin Wilson/William
DeSantis
AGENDA ITEM WORDING: Approval of a Non-Disclosure Agreement (NDA) from Opterra
Energy Services,LLC. Opterra proposes to perform a"Facilities and Resiliency Assessment" on County
buildings at no cost to the County. To do so, Opterra needs access to building plans and some of those
plans are exempt from disclosure pursuant to Florida Public Record Law. Completion of an NDA will
allow Opterra access to those records.
ITEM BACKGROUND: Opterra Energy Services, LLC proposed to County staff that it conduct an
assessment of existing County building systems including mechanical, electrical, HVAC, and related
infrastructure systems at no cost to the County. The objective is to identify potential improvements in
operations or capital investments leading to energy reductions (utility bills) or proposed capital
investments for improved energy efficiency. Opterra will review the building plans and utility bills and
provide a summary of proposed changes including budget level estimates of costs.
PREVIOUS RELEVANT BOCC ACTION: None
INSURANCE REQUIRED: No
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
FINANCIAL IMPACT:
Effective Date: 15 April 2026
Expiration Date: Upon completion of the study
Total Dollar Value of Contract: None
Total Cost to County: None
Current Year Portion:
Budgeted: N/A
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant:
County Match:
Insurance Required:
7. Approval of a Non-Disclosuret (NDA) from toServices, LLC.
Opterra proposes to perform a "Facilities and ResiliencyAssessment" on County buildings
t no cost tote County.To do so, Opterra needs access to buildingl of those
Tans are exempt from is pursuant to Floridais Record Law. Completion
NDA ill allow Opterraaccess tothose records.
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THIS AGREEMENT is entered into this day of , 2026, by and
between Monroe County, a political subdivision of the State of Florida, by and through its
Board of County Commissioners (hereinafter "COUNTY"), the address of which is 1100
Simonton Street, Ivey Nest, Florida 33040, and Opterra Energy Services LLC
("CONSULTANT"),a Foreign Limited Liability Company organized under the laws of the State
of Delaware and authorized to transact business in the State of Florida, the principal address of
which is 1001 Fleet Street,Suite 400;Baltimore,Maryland 21202.
WITNESSETH:
WHEREAS, the COUNTY has received an unsolicited inquiryfrom the
CONSULTANT
to evaluate the energy usage of the COUNTY building systems and develop
a proposal to finance, design and install improvements to building operations systems,
incl�ud l
anrelated no,nitori.ng and arnis sys eins th the stated, purpose o
red c ° cta e� a and,,costs,with; c cyst � ' �"
� ;� � aWln t b i d t f d� cc � t
in whole, the proposed improvements, hereinaf referred to as Consul° it Pro opal and.
WHEREAS, Section 119.0701, Florida Statutes, requites that any the COUNTY
records provided,to the CONSULTANT to perfortin its exra uadon that inc.ud,e p ublie records
that are exempt or c��on�fi� a la,�and ex ,pt ,fro public records disclo q
sure re u'�e ants are
not disclosed except as authorized by law fot the duration of the term of the Consultant
Proposal and following completion of the Consultant Proposal if the CONSULTANT does
not transfer the records to the COUNTY;and
WHEREAS, during the course of its evaluation, the CONSULTANT would be
required to comply with Florida public records laws including,but not limited to,Chapter 119,
Florida Statutes and Article I,Section 24 of the Florida Constitution;and
WHEREAS, the COUNTY shall not be obligated to accept the Consultant Proposal
nor reimburse the CONSULTANT for any costs incurred by the CONSULTANT for the
development of the Consultant Proposal;and
WHEREAS, the Consultant Proposal may be considered an unsolicited proposal to
the COUNTY as provided in Section 255.065, Florida Statutes and, if so considered, the
COUNTY would be required to publicly advertise for competing proposals from other
potential consultants;and
Docusign Envelope ID:0240D707-EC8B-4F31-B93E-228C62C25DC2
WHEREAS Included 'th* to
wl Inthedocunie w
nts d),e Possessiol"I of Alonroe 'COU11V
w1il.c1i the C0N'S,U1ljT;k,N1" muust have,access in, order, to conduct its eiriergy use analysis, are
"buddling plan's',,104,17AA,C�plansl filre x1me -irn plans,, dra,mqrwand diagn-uns",
1,13clu(fing dnift",prelinnnaty, and fin,,al fog pats,which depict the internal layout and structural
elements" of Monroe County buildings; and
WHEREAS,in the course of conduc
ting,its enetgy usabvp analyrsis, of Monroe County
buildings, the CONSULTANT may need to "re"14CINV and exam the "HV',,,A,C
SyS,tCMS1,,and die securlt or fire safe systc= ereolticludIn 1s inform1,P ecora t On su ICYSI
conlm, nda,
hotograj,�)h,s, audlo and visual presewa,, s xani
P t-tion, scli,en it d g, ,,, s, uon$
or consultations, or pordons thereof relating directly, to the HHNIAC managegent systej,111S,
including relat h ` ,7
,ed phy's a security or fire sa-feq1-ss)"�Stems o,
f the &cilitji or rexv,e4idin g se,curl.q or
ire, saf6ty s,)Irstems"'and,
'WHEREAS,,,said ba&'i,g plans, syssterns,,blue prmts,sclei,-, an m,- , ,.c
drawings and d"
1,agrarns a,re exempt from tublic re,.cot.ds disclos,'ure, purstiant, to Subsection
119-071(3)(b),Morlda Statutes,,-,a nd P
is exem
ClIrl,t,! 0 ty system plan, pt from public records
WHERREAS, said se 3 r fire safe
disclosurepurisuant to Subsectillon 119.071(3) a) Florida Statutes;and
WHEREAS, pursuant to Subsection 119.071(3)(b)(3)(b), Florida Statutes, said
� X *a oarns tnayrbedisclosed, "to a licensed
building plans, '], I ts, schern d, g1s, a,nid di� gi
mueptan a,"ti rett!w1n; *1
archi`ted,�,engineer, or contractor,who I's perf61-1.mn r
g, k on or,related to fli,,e buflchn and
wo
WHEREAS,pursuant to Subsection 119.071(3)(a)(3)tb),Florida Statutes,said security
or fire safety system plan may be disclosed in furdierance of the official duties and
responsibilities of the agency holding the information".
NOW THEREFORE,in consideration of the mutual promises of the parties to this
Agreement and other terms and conditions set forth herein, the COUNTY and
CONSULTANT agree as follows:
SECTION 1. RECITALS.
The above Recitals are true and correct and are incorporated herein and made a part
hereof by this reference.
2
Docusign Envelope ID:0240D707-EC8B-4F31-B93E-228C62C25DC2
SECTION 2. PURPOSE.
The purpose of this Agreement is solely to govern the disclosure and retention during
the time necessary for the CONSULTANT to complete the a energy usage analysis and the
� g �
return to the COUNTY of copies of records exempt from public records disclosure pursuant
to Chapter 119, Florida Statutes or,if such return is not possible, the destruction thereof.
SECTION 3. DISCLOSURE of RECORDS BY COUNTY
A. Pursuant to Subsection 119.071(3)(a)(3)(b), Florida Statutes, the
i ' 4 , hereby shall disclose to the C S ��r said buildingmanagement,�t system
ro y
l� s s c t�i or fire s fq s rstem pla,ns ",in, f4ttli.,erance of its official d a ies and
tcspo : ibi tie to assure that tie Afon,roe Coutity buildingmanagement systems r
g y s are properly
maintained,properly configured and fully functional.
B. Pursuant to Subsection 119.071(3)(b)(3)(b), Florida Statutes, the
COUNTY hereby shall disclose to the CONSULTANT said building g 3 management system
plans, blueprints, schematic drawings and diagrams in its capacity as a licensed architect
p tY ,
engineer, or contractor performing work on or relating to the Monroe County building
management and systems.
SECTION 4. USE OF DISCLOSED RECORDS BY CONSULTANT
A. Pursuant to Subsection 119.071(3)(a)(3)(b), Florida Statutes the
m SLJ1 s a d building, � � �°
�. �1 u � � e saia.na e �� � plans, sec�ut� � o fire
e, t system safety
System,, l a ns Solely ot the.put-pose,of peri
e assxs of o oe County
uil sas a gee to eCOUNTY. rn t a
.
B. Pursuant to Subsection 119.071(3)(b)(3)(b , Florida Statutes the
CONSULTANT sb iedlut� .z e, said, 1 u i g plans, VIVAC; in,a a, emen't s st.etn in ts,
agranis solely f r owe o f e o n M "
d e�pip ts� n�e usage,anal ss
and implementation plan for Monroe County buildings in accordance with Consultant
Proposal prepared for the COUNTY.
C. Pursuant to Subsection 119.071(3)(b)(4), Florida Statutes, the
CONSULTANT shall maintain the exempt status of the'information contained in the security
or fire safety system plan and building plans, HVAC management systems blueprints,
schematic drawings and diagrams during the time such information is within its possession.
D. The security or fire safety system plan and building plans, HVAC
management systems, blueprints, schematic drawings and diagrams shall be available only to
those officers and employees of the CONSULTANT whose official duties require such access
in order to perform their essential functions in preparing the Consultant Proposal.
3
Docusign Envelope ID:0240D707-EC8B-4F31-B93E-228C62C25DC2
SECTION 5. DISPOSITION OF DISCLOSED RECORDS
A. Should the COUNTY and CONSULTANT mutually agree to execute a
separate Consultant Agrceme t to implement the Consultant Proposal, said Consultant
Xkgreement shall Include °o s � a , t s�ystepl plants,sec tIt
or fire safety systems plans s bu' i lams lue "3 t�, scl e ati l a. i s an s
i
disclosed to the CO S ," T baci to tbe COUN"'['T"'' Lipon, c letwii, o the scope of
work of the Consultant Agreement and the
O S ' sha,]l t � � re-tain any duplicate
copies, of the 1.. ,C ne t sy t ta �
et
u s scr �t7 o� ier saf sst
plans, an
� , 11it , drawings,and diagrams disclosed to the CONSULTANT
l sua, hereto ,t instead, shaff transf& possession thereof to the COUNTY or if such
s�e s n possi. °ie
sawdco es s.h,a, 'be destroyed.
upon the oo p��e io , of tine scope of Work of the Consultant Agiecalent
to implement, µtIV
energy� a a e en t �s to �s ino ro
County,b l t,
any; coo,te p i ,eo sly Meth the suhi. issio°� o its re o��t d e n ille results of its d�:li:igs
to the COUNTY the CONSULTANT F " � ,
shall s�� �t to� 'd e �.��� l s .ed a �d s� o,n.
er �icat',o , t �tiy' co s e secs„ � or fire safe T system fan � uk � plans,
� Y p s,
l e t ts,, scle arc dr,
per for, n e S i, i°
order to
ie usage
analysis,s a,t ve of been returned to the COUNTY ha
ve been
destroyed and no such copies have been retained.
N L'� N�
Stab is�sio by, e v
, I
to .e � o , c, °�t� c�
that an p
y copies,°s, sec�u i y or �.tee s fe° s�stc lay bu , l,u
nt
schematic � �a s and d ,a .ass sel se A t fl e C S� � T . order to yet' o�� �:t�s
energy analysis and any implementation of energy management system improvements that
have not been returned to the COUNTY have been destroyed shall constitute a condition y a dition
precedent to the processing of payment to the CONSULTANT for its services pursuant to
any executed agreement to implement the Consultant Proposal.
This Agreement ent i.s entered,into as of the day and year first written above and is executed in at
least one l)on m r al co,y.
Execution by the CONSULTANT must be by a person with authority to bind the entity.
SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE
NOTARIZED,
4
Docusign Envelope ID:0240D707-EC8B-4F31-B93E-228C62C25DC2
Attest: KEVIN M-ADOK, Clerk BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY,
FLORIDA
By: By:
Deputy Clerk Mayor/Chairman
Date,: ............ Date:
MONROE COUNTY ATTORNEY'S OFFICE
APPROVED AS TO FORM
(SEAL)
Fyn rP
IK
WCOH�,f I MIN
NA0AN,EY
DATE: , q-1
IS
CONSULTANT: OPTERRA
ENERGY SERVICES,LLC
CONSULTANT must provide two "Sign-ord by: InlUal
witnesses' signatures
Signature.,
1o.
re
s
2 Ignat'llll
Print
.......... It Edward Meinking
011_"*1M`I 0
Print Name: Title: Regional Operations Director
3/10/2026
Datc-_
CLLDI Date:
and
Signaltur,e.,/OI�
Print Name,* &6e6?1,# IeVO4&�,e
18,
(SF.AL}
Date. ....��140
101
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A W P,
STATE OF
COUNTY OF Tbtwon...................
20 " before me the undersigned
On this day of �
y
notary public, by means of ❑ physical presence or online, personally appeared
Edw,ard yin known to me to be the person whose name is subscribed above w.
o � a�,
wt-t)- as identification.
w
Notary Pu1311,
TRIGIA c
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wr
SCHNEIDER
Print"Name NOTARY PUBLIC
.... . ,r a KANSASM commissionex
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6
0 P T E R R A
March 11, 2026
Proposal for No-Cost Facilities Assessment
Monroe County Board of County Commissioners
OPTERRA Energy Services (OPTERRA) is pleased to offer Monroe County a no-cost Facilities
Modernization and Resiliency Assessment to evaluate current facility conditions, identify
modernization opportunities, and develop planning-level guidance to support future capital,
operational, and resiliency decision-making.
This assessment will include a comprehensive review of existing building systems, including
mechanical, electrical, HVAC, and related infrastructure; identification of facility modernization
and resiliency opportunities; and the development of recommended pathways to improve
reliability, reduce operational costs, and enhance the built environment for County staff and
residents.
The Assessment will begin with a site visit to the County facilities and will be presented to the
County approximately three to four weeks after the site visit and the receipt of the following
information:
• Floor plans of included buildings
• One year worth of actual utility bills for all included utilities, beginning with the most
recent month.
• Other information as deemed important and mutually agreed upon by OPTERRA and
County.
OPTERRA will correlate and analyze all information gathered during the assessment and prepare
a presentation summarizing findings, potential improvement measures, planning-level budget
ranges, and an-implementation roadmap. This presentation will help the County prioritize
investments, strengthen long-term capital planning, and identify opportunities that support
efficiency, resiliency, and public service delivery.
We appreciate the opportunity to support Monroe County in this early-stage evaluation and look
forward to collaborating with County staff under the mutual protection of a non-disclosure
agreement. Please let us know if any additional information is required as the County considers
authorization of the NDA and staff participation.
Sincerely,
John Paul Jewell
Regional Business Development Manager
OPTERRA Energy Services