CN-370000-WQ154-T2.pdf

DEP Agreement No. WQ154, Task Assignment No. 2, Page 1 of 2

RESTORE FPL3b Florida Strategic Gulf Coast Land Acquisition Program Proposal DEP Agreement No. WQ154

Task Assignment No. 2 Scope of Services

The Florida Department of Environmental Protection (DEP) has selected Industrial Economics, Inc. (Consultant) to assist in the preparation of a full Proposal for RESTORE funding, development of responses to Best Available Science (BAS) reviews, and revisions to the Proposals based upon reviews, as needed.

Background

The RESTORE Act, signed into law in July 2012, established a Gulf Coast Restoration Trust Fund (Trust Fund) which will receive 80 percent of the civil and administrative Clean Water Act penalties resulting from the Deepwater Horizon oil spill. Thirty percent of the money directed to the Trust Fund is managed by the Gulf Coast Ecosystem Restoration Council (RESTORE Council) to implement ecosystem restoration under a Comprehensive Plan, developed by the Council. This 30% is referred to as the Council-Selected Restoration Component (or "Bucket 2"). The Council approves Bucket 2 projects and programs for funding in a Funded Priorities List (FPL).

The Council is starting to develop FPL3b, which will fund projects and programs using funds that will be available in the Trust Fund in early 2021, when the Council plans to vote to approve the FPL3b. This process begins with the Council seeking detailed funding proposals from its Members. The full proposal submission window is anticipated to open March 9 and close April 24, 2020.

In anticipation of FPL3b the Council requested the development of Pre-proposals by its Members. The Florida Department of Environmental Protection prepared four Pre-proposals as a part of this effort. All of Florida’s pre-proposals were for programs as opposed to specific projects.

Additional Services

The Consultant may be requested to provide other professional services related to the Project Scope of Services, as deemed necessary by DEP, based on the availability of funding. Based on DEP’s ability to negotiate a satisfactory price, DEP reserves the right to amend this Task Assignment to include additional services.

Description

The Consultant will prepare the Florida Strategic Gulf Coast Land Acquisition Program full Proposal for potential FPL 3b funding under the Council-Selected Restoration Component of the RESTORE Act. The Proposal will be based on the Florida Strategic Gulf Coast Land Acquisition Program pre-proposal and written in accordance with the Council- Selected Restoration Component Funded Priorities List 3 Proposal Submission Guidelines and Review Process May 15, 2019 (FPL3 Proposal Submission Guidelines). Please note the submission guidelines include section character limits that must be followed.

The Consultant will be responsible for all items in Section 2: Guidelines for FPL3 Proposal Content of the FPL3 Proposal Submission Guidelines. Of note, the contractor will be responsible for:

• clearly articulating how the proposal meets the RESTORE Act’s, Comprehensive Plan, and Council BAS requirements;

• further development of project selection criteria as described in the pre-proposal and Attachment A (DEP responses to Council staff questions related to project selection under a program), and;

• clearly articulating how the proposal meets the “Program” requirements of the RESTORE Act, the Council’s https://www.restorethegulf.gov/sites/default/files/CO-PL_20161208_CompPlanUpdate_English.pdf https://www.restorethegulf.gov/sites/default/files/Final_FPL3_Proposal_Guidelines_May_15_2019_508_Compliant.pdf https://www.restorethegulf.gov/sites/default/files/Final_FPL3_Proposal_Guidelines_May_15_2019_508_Compliant.pdf https://www.restorethegulf.gov/sites/default/files/Final_FPL3_Proposal_Guidelines_May_15_2019_508_Compliant.pdf

DEP Agreement No. WQ154, Task Assignment No. 2, Page 2 of 2

Comprehensive Plan, and Council guidance.

Following the submission of the Proposal, the Proposal will be independently reviewed by at least three external expert science reviewers. The Consultant may be tasked with developing responses addressing the expert science reviewers’ comments and questions related to the Proposal. In addition, a RESTORE Council Internal BAS Review Panel will review all BAS reviewer comments and Council Member responses. Based on these reviews, the Consultant may be tasked with revising the Proposal to address these reviews.

This work includes support for preparing drafts and the final Florida Strategic Gulf Coast Land Acquisition Program Proposal, this includes all necessary calls and meetings. In is anticipated there will be a weekly call between the Consultant and DEP to review the status and work products until the full proposal is submitted.

Deliverables and Anticipated Due Dates

Note: Deliverables and anticipated due dates are based on the RESTORE Council timeline. If these due dates are changed, the DEP Project Manager will immediately notify the Consultant.

1. Word version of 1st Draft Florida Strategic Gulf Coast Land Acquisition Program Proposal: due March 25

2. Word version of 2nd Draft Florida Strategic Gulf Coast Land Acquisition Program Proposal: due April 8

3. Word version and ADA compliant PDF of Final Florida Strategic Gulf Coast Land Acquisition Program Proposal and GIS data: due April 20

Total Cost of Deliverables 1-3: Not to Exceed $16,476.12

Additional services that may be required include developing responses to BAS reviews and revising the Proposal based upon BAS, as needed;

Note: The Consultant may commence Deliverables 4-7, upon completion of Deliverables 1-3, and upon execution of a Change Order and written authorization of a Notice to Proceed with Deliverables 4-7 by the DEP’s Project Manager.

4. Word version of Draft response to BAS review comments and questions: due June 9

5. Word version of Final response to BAS review comments and questions: due June 12

6. Word version of Draft revision to Proposal, if needed: due June 12

7. Word version and ADA compliant PDF of Final revision to Proposal, if needed: due June 16

Performance Measures

The DEP Project Manager shall review deliverables to verify satisfactory completion of the services rendered. The DEP Project Manager shall notify the Consultant of any deficiencies in the deliverable(s) and shall give the Consultant reasonable opportunity to correct noted deficiencies and provide a revised deliverable(s).

Attachment A

FDEP Responses to Council Staff Questions Related to Project Selection Under a Program

When and how will the project selection criteria be developed? Draft Project selection criteria will be discussed in detail in the full proposals.

What technical expertise will be utilized to establish the criteria and/or to apply the selection criteria to identify projects that best meet the criteria? Florida will heavily rely on existing water related grant program selection criteria (319, TMDL, Springs Protection, etc.) project selection criteria. These criteria were developed by technical experts within Florida and EPA. Technical experts from Florida will be involved in project review and selection.

Will the public be engaged in the development of project selection criteria? Yes, Florida will hold a webinar to review the draft project selection criteria and provide an opportunity for public comments before the criteria are finalized.

Will the public be engaged in selection of specific projects? Yes. If so, how? Similar to NRDA restoration planning, Florida will initiate a call for projects including the final project selection criteria. The technical experts will review the project proposals submitted against the project selection criteria and develop a draft list of proposed projects for funding. The draft project list will be published on the Florida Deepwater Horizon website for public review and comments. Florida will finalize the list after review of the public comments and submit the final list and workplans to Council staff for BAS external review and Council staff approval per the Option 1 path forward.

DEP Agreement No. WQ154, Task Assignment No. 2, Attachment A, Page 1 of 1