HomeMy WebLinkAboutR-2011-040 BC ILA Water Conservation Incentive Program RESOLUTION NO. 2011-040
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE AN INTERLOCAL AGREEMENT WITH BROWARD COUNTY,
A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, TO PROVIDE
COST SHARE SUPPORT OF A WATER CONSERVATION INCENTIVE
PROGRAM TO BE COORDINATED BY BROWARD COUNTY WITHIN
THE WATER UTILITY SERVICE AREAS, IN AN AMOUNT NOT TO
EXCEED TEN THOUSAND THREE HUNDRED NINETY-FOUR DOLLARS
($10,394.00) ANNUALLY, PLUS 3% INCREASES IN YEARS 2 THROUGH 5
IN THE MEDIA OUTREACH/ADMINISTRATIVE PORTION OF THE
AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That the proper City officials are authorized to execute an Interlocal
Agreement (a copy of which is attached as Exhibit "A" and is incorporated into this Resolution
by this reference) with Broward County, Florida, a political subdivision of the state of Florida
("County"), to provide cost share support of a Water Conservation Incentive Program to be
coordinated by Broward County, Florida. The County proposes to perform the services set forth
in Article 2, Scope of Services, at an annual base cost to the City as a partner of$10,394.00 as
shown in Exhibit "A". Years 2 through 5 of the Program provides for an annual cost-of-living
adjustment of 3% in the media outreach/administration portion of Exhibit `B". The fees for
years 2011, 2012, 2013, 2014, and 2015 shall be payable upon invoice and in accordance with
the schedule shown in Exhibit "B", for the services actually performed.
Section 2. That funding for the City's cost share support of a Water Conservation
Incentive Program relating to the City's raw water supply shall be paid from available
appropriations in the Water Fund, Contractual Services Account#401-3303-533.34-10.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 4. That this Resolution shall be in full force and take effect immediately
upon its passage and adoption.
PASSED AND ADOPTED on April 26, 2011.
s FIRST PATRICIA A. FLURY
oy�P�i° oiry MAYOR-COMMISSIONER
ATTEST:
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO FO AND CORRECTNESS:
a
THO AS AjNtAk
CITY ATTORNEY
2 RESOLUTION#2011-040
INTERLOCAL AGREEMENT
Between
BROWARD COUNTY
and
CITY OF DANIA BEACH
to
PROVIDE COST SHARE SUPPORT OF A WATER CONSERVATION INCENTIVES
PROGRAM TO BE COORDINATED BY BROWARD COUNTY WITHIN THE WATER
UTILITY SERVICE AREAS AND AUTHORIZE BROWARD COUNTY TO CONDUCT
SPECIFIC MEDIA PROMOTION, OUTREACH, ADMINISTRATIVE, AND OTHER
ACTIVITIES ASSOCIATED WITH FOSTERING A COUNTY-WIDE WATER
CONSERVATION ETHIC TO BE PERFORMED BY THE NATURAL RESOURCES
PLANNING AND MANAGEMENT DIVISION IN PARTNERSHIP WITH THE
MUNICIPALITY
3 RESOLUTION#2011-040
This is an Interlocal Agreement, made and entered into by and between BROWARD COUNTY,
a political subdivision of the State of Florida, hereinafter referred to as "COUNTY,"
AND
CITY OF DANIA BEACH, a municipal corporation existing under the laws of the State of
Florida, hereinafter referred to as "PARTNER."
WHEREAS, this Agreement is entered into pursuant to Section 163.01, Florida Statutes (2009),
also known as the "Florida Interlocal Cooperation Act of 1969", and other Florida law; and
WHEREAS, a high quality and adequate water supply is key to the current and continued
support of urban and natural systems in Broward County; and
WHEREAS, in 2007, the Regional Water Availability (RWA) Rule, adopted by the South
Florida Water Management District to ensure the preservation of regional water resources in
support of Everglades restoration limits future withdrawals from the Biscayne Aquifer, currently
our primary source of drinking water; and
WHEREAS, consumptive use water demands county-wide are projected to increase by as much
as 50 million gallons per day by the year 2025 based on current rates of consumption and
anticipated population growth; and
WHEREAS, local water providers are facing immediate decisions related to planning for future
water supply needs for human and natural systems; and
WHEREAS, the county-wide Integrated Water Resource Plan seeks to optimize the beneficial
uses of local water resources by creating more water and making our water resources go further;
and
WHEREAS, local municipalities and water utilities helped to develop the Integrated Water
Resource Plan through representation on the Water Advisory Board to the Broward County
Board of County Commissioners and its Technical Advisory Committee; and
WHEREAS, the conservation of water quality and quantity is a principle objective of the
Integrated Water Resource Plan and is demonstrated to be one of the most cost-effective and
immediate means of producing water for meeting future water supply needs; and
WHEREAS, in May 2008, the Broward Water Resources Task Force (Task Force) was created
through resolutions of the Broward County Board of County Commissioners, South Florida
Water Management District, and Broward League of Cities to identify and evaluate potential
regional and subregional water supply projects and water conservation opportunities; and
WHEREAS, the Task Force recognized that water conservation offers the lowest cost means of
generating the additional water needed to meet the region's projected water demands; and
4 RESOLUTION#2011-040
WHEREAS, the Task Force, in its Final Report, identified several recommendations for
immediate implementation pertaining to regional water conservation efforts, including a key
recommendation calling for the establishment of a county-wide water conservation and
incentives program with the purpose of delivering unified water conservation messaging,
information, and services to benefit all Broward county residents and water suppliers; and
WHEREAS, the overall objective of the Broward Water Conservation Incentives Program is to
encourage residents and businesses in Broward County to adopt an enduring water conservation
ethic that supports long-term water resource sustainability and achieves permanent and
measurable water savings through replacement of low efficiency plumbing fixtures with high
efficiency models; and
WHEREAS, the parties desire to enter into an agreement to provide for the implementation of a
Water Conservation Incentives Program to support water conservation goals and further water
conservation strategies in support of consumptive use permit requirements;
NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises,
covenants, and payments hereinafter set forth, the COUNTY and the PARTNER agree as
follows:
ARTICLE 1
DEFINITIONS AND IDENTIFICATIONS
1.1 Agreement - This document, Articles 1 through 10, inclusive. Other terms and conditions
are included in the exhibits and documents that are expressly incorporated by reference.
1.2 Board -The Broward County Board of County Commissioners.
1.3 Contract Administrator - The Broward County Administrator, the Director of the
Broward County Natural Resources Planning and Management Division, or the designee
of such County Administrator or Director. The primary responsibilities of the Contract
Administrator are to coordinate and communicate with PARTNER and to manage and
supervise execution and completion of the Scope of Services and the terms and
conditions of this Agreement as set forth herein. In the administration of this Agreement,
as contrasted with matters of policy, all parties may rely on the instructions or
determinations made by the Contract Administrator; provided, however, that such
instructions and determinations do not change the Scope of Services.
1.4 COUNTY - The Board as defined in Section 1.2 unless expressly provided otherwise.
1.5 County Attorney - The chief legal counsel for COUNTY who directs and supervises the
Office of the County Attorney pursuant to Section 2.10 of the Broward County Charter.
1.6 Project- The Project consists of the services described in Article 2.
5 RESOLUTION#2011-040
ARTICLE 2
SCOPE OF SERVICES
2.1 The COUNTY shall perform all work identified in Section 4: COUNTY
RESPONSIBILITIES of the attached scope of work (Exhibit A).
ARTICLE 3
PARTNER RESPONSIBILITIES
3.1 The PARTNER agrees to perform all work identified in Section 5: PARTNER
RESPONSIBILITIES of the attached scope of work hereinafter known as Exhibit A. The
parties agree that the scope of services is a description of PARTNER's obligations and
responsibilities and is deemed to include preliminary considerations and prerequisites,
and all labor, materials, equipment, and tasks which are such an inseparable part of the
work described that exclusion would render performance by PARTNER'S impractical,
illogical, or unconscionable.
ARTICLE 4
FINANCIAL CONTRIBUTION
4.1 COUNTY agrees to provide an amount not to exceed $100,000.00 annually towards
meeting its obligations under Tasks 2 and 3 of Section 4 of EXHIBIT "A".
4.2 COUNTY agrees to perform the services set forth in Article 2, SCOPE OF SERVICES,
at an annual base cost to the PARTNER of$10,394.00 as shown in EXHIBIT "B." Years
2 through 5 of the agreement provide for an annual cost-of-living adjustment of 3% in the
media outreach/administration portion of EXHIBIT `B". The fees for 2011, 2012, 2013,
2014, and 2015 shall be payable upon invoice and in accordance with the schedule shown
in EXHIBIT "B" for the services actually performed. Payment shall be made to
COUNTY at:
Broward County Board of County Commissioners
Jim Steinmuller,Accounting Division Administrator
Governmental Center, Room 220
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
ARTICLE 5
TERM AND TIME OF AGREEMENT
6 RESOLUTION#2011-040
5.1 This Agreement shall become effective upon execution by COUNTY and PARTNER and
shall continue in full force and effect for 66 months from the final party's execution of the
Agreement; provided, however, if the term of this Agreement extends beyond a single
fiscal year, the continuation of this Agreement beyond the end of any fiscal year shall be
subject to the appropriation and availability of funds in accordance with Chapter 129,
Florida Statutes.
5.2 All duties, obligations, and responsibilities of PARTNER required by this Agreement
shall remain in full force and effect through the termination date or any extended
termination date, as set forth above, unless written notice of termination by the COUNTY
or any of the PARTNER is provided pursuant to Article 9, Notices. Time shall be
deemed to be of the essence in performing the duties, obligations and responsibilities
required by this Agreement.
ARTICLE 6
TERMINATION
6.1 This Agreement may be terminated for cause by the aggrieved party if the party in breach
has not corrected the breach within ten (10) days after written notice from the aggrieved
party identifying the breach, or for convenience by action of the Board upon not less than
thirty (30) days' written notice. This Agreement may also be terminated by Contract
Administrator upon such notice, as Contract Administrator deems appropriate under the
circumstances in the event Contract Administrator determines that termination is
necessary to protect the public health or safety. An erroneous termination for cause shall
be considered a termination for convenience.
6.2 Termination of this Agreement for cause by any of the PARTNER shall include, but not
be limited to, negligent, intentional, or repeated submission for payment of false or
incorrect bills or invoices, failure to suitably perform the work, failure to continuously
perform the work in a manner calculated to meet or accomplish the objectives as set forth
in this Agreement, or multiple breach of this Agreement which has a material adverse
effect on the efficient administration of the Project notwithstanding whether any such
breach was previously waived or cured.
6.3 Notice of termination shall be provided in accordance with the "NOTICES" section of
this Agreement except that notice of termination by Contract Administrator which
Contract Administrator deems necessary to protect the public health, safety, or welfare
may be verbal notice which shall be promptly confirmed in writing in accordance with
the "NOTICES" section of this Agreement.
6.4 In the event this Agreement is terminated for convenience, COUNTY shall be paid for
any services properly performed to the date the Agreement is terminated; however, upon
being notified of a PARTNER'S election to terminate, COUNTY shall refrain from
performing further services or incurring additional expenses under the terms of this
Agreement. COUNTY acknowledges and agrees that ten dollars ($10.00) of the
7 RESOLUTION#2011-040
compensation to be paid by A PARTNER, the receipt and adequacy of which is hereby
acknowledged by COUNTY, is given as specific consideration to COUNTY for
PARTNER'S right to terminate this Agreement for convenience.
ARTICLE 7
ACCESS TO RECORDS AND OWNERSHIP OF DOCUMENTS
7.1 This Agreement may be unilaterally canceled by the parties for refusal by a party to allow
public access to all documents, papers, letters, or other material subject to the provisions
of Chapter 119, Florida Statutes, and made or received by the parties in conjunction with
this Agreement.
7.2 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 COUNTY
and, if a copyright is claimed, PARTNER grants to COUNTY a non-exclusive license to
use the copyrighted item(s) indefinitely, to prepare derivative works, and to make and
distribute copies to the public. In the event of termination of this Agreement, any reports,
photographs, surveys, and other data and documents prepared by PARTNER, whether
finished or unfinished, shall become the property of COUNTY and shall be delivered by
PARTNER to the Contract Administrator within seven (7) days of termination of this
Agreement by either party. Any compensation due to PARTNER shall be withheld until
all documents are received as provided herein.
ARTICLE 8
GOVERNMENTAL IMMUNITY AND INSURANCE
8.1 Nothing herein is intended to serve as a waiver of sovereign immunity by any party nor
shall anything included herein be construed as consent to be sued by third parties in any
matter arising out of this Agreement or any other contract. COUNTY AND PARTNER,
to the extent that they are state agencies or political subdivisions as defined in Chapter
768.28, Florida Statutes, agrees to be fully responsible for the acts and omissions of its
agents or employees to the extent permitted by law.
8.2 PARTNER is an entity subject to Section 768.28, Florida Statutes, and PARTNER shall
furnish Contract Administrator with written verification of liability protection in
accordance with state law prior to final execution of said Agreement.
ARTICLE 9
III
NOTICES
9.1 Whenever either party desires to give notice to the other, such notice must be in writing,
sent by certified United States Mail, postage prepaid, return receipt requested, or by hand
delivery with a request for a written receipt of acknowledgment of delivery, addressed to
8
RESOLUTION#2011-040
the party for whom it is intended at the place last specified. The place for giving notice
shall remain the same as set forth herein until changed in writing in the manner provided
in this section. For the present, the parties designate the following:
COUNTY:
Environmental Protection and Growth Management Department
Director, Broward County Natural Resources Planning and Management Division
Government Center West,
1 North University Drive, Suite 301
Plantation, Florida 33324
With copy to:
County Administrator
115 South Andrews Avenue, Suite 409
Fort Lauderdale, Florida 33301
PARTNER:
City Manager, City of Dania Beach
100 W. Dania Beach Blvd.
Dania Beach, Florida 33004
ARTICLE 10
MISCELLANEOUS
10.1 ASSIGNMENT: Neither this Interlocal Agreement nor any interest herein shall be
assigned,transferred, or encumbered by either party.
10.2 MATERIALITY AND WAIVER OF BREACH: COUNTY and PARTNER agree that
each requirement, duty, and obligation set forth herein is substantial and important to the
formation of this Agreement and,therefore, is a material term hereof.
COUNTY's failure to enforce any provision of this Agreement shall not be deemed a
waiver of such provision or modification of this Agreement. A waiver of any breach of a
provision of this Agreement shall not be deemed a waiver of any subsequent breach and
shall not be construed to be a modification of the terms of this Agreement.
10.3 COMPLIANCE WITH LAWS: PARTNER shall comply with all federal, state, and local
laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities,
and obligations pursuant to this Agreement.
10.4 SEVERANCE: In the event a portion of this Agreement is found by a court of competent
jurisdiction to be invalid, the remaining provisions shall continue to be effective unless
9 RESOLUTION#2011-040
COUNTY or PARTNER elect to terminate this Agreement. An election to terminate this
Agreement based upon this provision shall be made within seven (7) days after the
finding by the court becomes final.
10.5 JOINT PREPARATION: The parties acknowledge that they have sought and received
whatever competent advice and counsel necessary for them to form a full and complete
understanding of all rights and obligations herein and that the preparation of this
Agreement has been their joint effort. The language agreed to expresses their mutual
intent and the resulting document shall not, solely as a matter of judicial construction, be
construed more severely against one of the parties than the other.
10.6 PRIORITY OF PROVISIONS: If there is a conflict or inconsistency between any term,
statement, requirement, or provision of any exhibit attached hereto, any document or
events referred to herein, or any document incorporated into this Agreement by reference
and a term, statement, requirement, or provision of Articles 1 through 10 of this
Agreement, the term, statement,requirement, or provision contained in Articles 1 through
10 shall prevail and be given effect.
10.7 JURISDICTION, VENUE, WAIVER OF JURY TRIAL: This Agreement shall be
interpreted and construed in accordance with and governed by the laws of the State of
Florida. Jurisdiction of any controversies or legal problems arising out of this
Agreement, and any action involving the enforcement or interpretation of any rights
hereunder, shall be in the state courts of the Seventeenth Judicial Circuit in Broward
County, Florida, and venue for litigation arising out of this Agreement shall be in such
state courts. By entering into this Agreement, PARTNER and COUNTY hereby
expressly waive any rights either party may have to a trial by jury of any civil litigation
related to this Agreement.
10.8 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
PARTNER. Further, PARTNER acknowledges and agrees that the Contract
Administrator has no authority to make changes that would increase, decrease, or
otherwise modify the Scope of Services to be provided under this Agreement
10.9 PRIOR AGREEMENTS: This document represents the final and complete
understanding of the parties and incorporates or supersedes all prior negotiations,
correspondence, conversations, agreements, and understandings applicable to the matters
contained herein. The parties agree that there is no commitment, agreement, or
understanding concerning the subject matter of this Agreement that is not contained in
this written document. Accordingly, the parties agree that no deviation from the terms
hereof shall be predicated upon any prior representation or agreement, whether oral or
written.
10 RESOLUTION#2011-040
10.10 INCORPORATION BY REFERENCE: The truth and accuracy of each "Whereas"
clause set forth above is acknowledged by the parties. The attached Exhibits "A" and
"B" are incorporated into and made a part of this Agreement.
10.11 REPRESENTATION OF AUTHORITY: Each individual executing this Agreement on
behalf of a party hereto does hereby represent and warrant 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.
10.12 MULTIPLE ORIGINALS: Multiple copies of this Agreement may be executed by all
parties, each of which, bearing original signatures, shall have the force and effect of an
original document.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
11 RESOLUTION#2011-040
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement:
BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and
through its Mayor or Vice-Mayor, authorized to execute same by Board action on the day
of 20_, and PARTNER, signing by and through its
duly authorized to execute same.
COUNTY
ATTEST: BROWARD COUNTY, through its
Board of County Commissioners
Broward County Administrator, as By
Ex-officio Clerk of the Broward County Mayor
Board of County Commissioners
day of , 20
Approved as to form by
Office of the County Attorney
Broward County, Florida
Andrew J. Meyers
Interim County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Insurance requirements Fort Lauderdale, Florida 33301
Approved by Broward County Telephone: (954) 357-7600
Risk Management Division Telecopier: (954) 357-6968
By
By
(Date) Daphne E. Jones (date)
Assistant County Attorney
Date
12 RESOLUTION#2011-040
I
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND PARTNER TO
PROVIDE COST SHARE SUPPORT OF A WATER CONSERVATION INCENTIVES
PROGRAM TO BE COORDINATED BY BROWARD COUNTY WITHIN THE WATER
UTILITY SERVICE AREAS AND AUTHORIZE BROWARD COUNTY TO CONDUCT
SPECIFIC MEDIA PROMOTION, OUTREACH, ADMINISTRATIVE, AND OTHER
ACTIVITIES ASSOCIATED WITH FOSTERING A COUNTY-WIDE WATER
CONSERVATION ETHIC TO BE PERFORMED BY THE NATURAL RESOURCES
PLANNING AND MANAGEMENT DIVISION IN PARTNERSHIP WITH THE
MUNICIPALITY
CITY OF DANIA BEACH
Attest:
By
Patricia A. Flury
Mayor-Commissioner
day of April, 2011
Louise Stilson, CMC
City Clerk
By
Robert Baldwin
City Manager
day of April, 2011
APPROVED AS TO FORM:
Thomas J. Ansbro
City Attorney
13 RESOLUTION#2011-040
EXHIBIT "A"
STATEMENT OF WORK
Broward Community
Water Conservation and Incentives Program
Full Partner
1.0 INTRODUCTION
Water plays a critical role in South Florida, and will continue to directly influence the future
sustainability of Broward County's economy, environment, and quality of life. Future water
demands will continue to be influenced by population growth, rates of per capita consumption,
and variable climatologic conditions.
In 2007, the Regional Water Availability (RWA) Rule was adopted by the South Florida Water
Management District to ensure the preservation of regional water resources in support of
Everglades restoration. The RWA Rule limits future withdrawals from the Biscayne Aquifer,
currently our primary source of drinking water, thereby requiring the development of alternative
water supplies to meet growing urban demands for water. Although a number of alternative
water supply projects are under development and regional strategies are being explored, water
conservation has been repeatedly identified as a strategy warranting aggressive implementation.
In May 2008, the Broward Water Resources Task Force was created to identify and evaluate
potential regional and subregional water supply projects and water conservation opportunities
The Task Force recognized that the water conservation offers the lowest cost means of
generating the additional water needed to meet the region's projected water demands of an
additional 24-47 million gallons per day by 2025. In June 2010, the Task Force completed its
report and included several recommendations for immediate implementation pertaining to
regional water conservation efforts. A key recommendation advanced by the Task Force and
supported by resolution of the Broward County Board of County Commissioners and the
Broward League of Cities is the establishment of a county-wide water conservation and
incentives program with the purpose of delivering unified water conservation messaging,
information, and services to benefit all Broward county residents and water suppliers.
The overall objective of the Broward Water Conservation Incentives Program is to encourage
residents and businesses in Broward County to adopt an enduring water conservation ethic that
support long-term water resource sustainability and to achieve permanent and measurable water
savings through replacement of low efficiency plumbing fixtures with high efficiency models.
There are two principal components to the Program:
• Development and implementation of an aggressive media campaign to promote the
overall need for water conservation, provide residents and businesses with information on
ways to reduce their water consumption, and promote the availability of program
resources.
14 RESOLUTION#2011-040
• Provision of incentives for retrofitting existing fixtures with new, high efficiency
plumbing fixtures through offers of free water saving fixtures and rebates.
2.0 PROGRAM DESCRIPTION
The Water Conservation and Incentives Program will be a coordinated county-wide program,
with uniform branding that distinguishes this collaborative partnership. Year-round messaging
will promote water conservation and will be heightened during dry months and periods of water
shortage. Promotion and coordination of rebates and incentives will be coordinated by the
County (COUNTY), along with production of promotional materials, articles, a recognition
program, and community outreach.
The proposed scope of work builds upon achievements already realized through Broward
County's existing water conservation and public outreach programs which focus on reducing
water used for landscape irrigation and seeks to expand these efforts through collaborations with
local governments and water providers (PARTNERS) throughout the County. The following
scope of work for services details the program elements, obligations, and commitments of the
both parties (COUNTY and PARTNERS) in the development and delivery of the water
conservation and incentives program within PARTNER jurisdictions in Broward County.
This scope of work covers a development phase and five years of full program
implementation.
The COUNTY proposes to provide these services to achieve water conservation, cost
savings, and greater environmental stewardship within residences and businesses
throughout the County. This effort will consist of both a technical approach, designed to
replace water fixtures with higher efficiency models and reduce demand throughout
residences and business operations, thereby resulting in documented water and cost
savings, and supporting energy conservation; and, an education and outreach approach,
aimed at championing the overall need to conserve water. The overall effort will be
coordinated by the COUNTY, while individual PARTNER participation will be required
for complete program implementation.
3.0 SCOPE OF WORK
The Scope of Work in support of the Partnership Agreement is undertaken through the following
series of tasks.
4.0 COUNTY RESPONSIBILITIES:
Task 1 Administration of the Program. Under this task, the COUNTY will provide
overall administration of the agreement, including financial and annual
15 RESOLUTION#2011-040
reporting. The COUNTY will initially meet with the PARTNERS to
establish overall objectives, review program elements, develop timetables,
and develop protocols for the management of the incentives and
media/messaging elements of the program. The process for providing
review and approval of program deliverables and work products will be
established and the responsibilities of COUNTY and PARTNERS will be
discussed.
COUNTY will coordinate at least one meeting annually with PARTNERS
to present annual program achievements, review and administrative or
logistical program issues, and consider opportunities for improvement.
An Annual Report will outline the performance of the program and the meeting
of goals and objectives will include a comparison of planned vs. implemented
measures, water saved/water savings rates, and the costs of implementation with
respect to meeting planned goals. The report will also address any unanticipated
delays and issues that necessitate modification of the program or estimation of its
cost-effectiveness. The COUNTY shall provide the Annual Report within one
month following the completion of the first year of county-wide launching of the
program.
Task 2 Procurement and management of professional services to assist with
program development and implementation. Under this task the COUNTY will
procure consulting services to assist in the overall development of a media and
outreach campaign to get the water conservation message out and promote the
incentives program. For cost-effectiveness, the campaign will be designed to
integrate as much as possible with existing regional outreach initiatives and media
sources. The consultant, under direction of the COUNTY, will work with
PARTNERS to develop program branding, create a program website, develop
PSAs for broadcast media, prepare newsprint advertisements, arrange media buys,
develop promotional articles, produce PSAs for viewing on public access
channels and the County's video-on- demand service, design print materials, and
develop promotional concepts, etc.
Task 3 Manage and promote media campaign for water conservation outreach and
program marketing. Under this task, the COUNTY will develop and promote a
media campaign designed to impart water conservation messages to residents
(brochures, website, etc.); identify opportunities to distribute water-saving
information and program promotional materials to communities, businesses,
schools and other venues of interest; develop and deliver educational materials on
the need to conserve water and ways to save water to residents through various
media. Residents, employees, businesses, homeowner associations and other
organizations that include utility customers are the anticipated target audiences.
Categories of media that might be considered in the promotion of the program
include pieces for written publications (newspapers, trade publications,
16 RESOLUTION#2011-040
newsletters, brochures), broadcast media (television, radio, automated phone
lines) and websites. Under this task, promotion of the water conservation and
incentives initiative will also occur through interaction with consumer groups, the
plumbing industry, and fixture vendors. Opportunities to highlight results and
publicize successes will be identified.
Task 4 Communications coordination. Under this task, the COUNTY will work with
PARTNERS to ensure linking of resources and communications among the
network of partners. A database will be created that identifies partners, program
services, and informational resources. Program materials (brochures, fliers,
posters) will be provided in electronic form for reproduction by PARTNERS. A
detailing of preferred resources will be generated and posted on the main program
website (to be hosted by County) with all information to be coordinated and
cross-posted.
Task 5 Rebate and incentives program. Under this task, the COUNTY will coordinate
with vendors to promote the program and eligible devices; manage and process
rebates; coordinate the purchase of conservation devices for exchange and
giveaway; coordinate with PARTNERS to identify appropriate points of
distribution; promote both residential and commercial opportunities; provide for
full accounting/tracking; and, provide additional outreach/promotion where
demand may be less than availability.
The COUNTY will work with residents to guide them through the incentives
process and the selection of appropriate installation services; work with regional
vendors to ensure the availability of the desired retrofit fixtures and establish
agreements for bulk purchasing; establish working relationships with the
plumbing industry and fixture vendors; receive and evaluate resident applications
for eligibility for replacement and rebates; manage the acquisition and distribution
of fixtures to be provided to residents free of charge; manage the collection and
disposal of replaced fixtures; manage the preparation and issuance of rebate
checks; collect and analyze resident survey data; and evaluate the success of the
incentives initiative.
Task 6 Development of an awards/recognition program. Under this task, the
COUNTY will coordinate with PARTNERS to develop an awards/recognition
program that quantifies and promotes water savings achieved in homes and
businesses where new water conservation devices are installed.
Task 7 Leverage funds and resources. Under this task, the COUNTY will seek to
leverage dollars and resources by pursuing additional funds and support from
local, state, and national sources, including, but not limited to WaterSIP funding
(SFWMD), Water Sense Partnership (EPA), and local groups. In addition, the
County will solicit support for sponsors through the County's Advantage
Marketing program.
17 RESOLUTION#2011-040
5.0 PARTNER(S) RESPONSIBILITIES
Task 8 Participate in coordination meetings. Under this task, the PARTNER will
participate in coordination meetings and provide timely review and feedback on
any program products or deliverables. The PARTNER will identify a project
manager to serve as the designated point of contact. The PARTNER will assist in
refining program elements and expenditure priorities, as needed; develop controls
and measures of success for the program; and, provide final oversight of program
operations within the PARTNER's jurisdiction.
Task 9 Promotion. Under this task, the PARTNER will work with the COUNTY to
identify points of distribution and promotional outlets available to PARTNER to
promote program and services within the PARTNER's jurisdiction.
6.0 PAYMENT AND DELIVERABLES SCHEDULE
Payments for services provided by the COUNTY will be provided by the PARTNER according
to the annual cost schedule (EXHIBIT "B") and number of incentive units allocated to each
participating PARTNER. Participating entities will not front the cost of individual rebates, but
will be invoiced by the county for actual rebates issued within their service areas within a given
year.
This Agreement includes a 5-year term for program delivery following an initial 6-month phase
of program development that will entail the solicitation and contracting for consultant services to
assist with program branding, messaging, and marketing.
18 RESOLUTION#2011-040
EXHIBIT `B"
If the total consideration for this Agreement is subject to multi-year funding allocations, funding
for each applicable fiscal year of this Agreement will be subject to COUNTY and PARTNER
budgetary appropriation. In the event the COUNTY or PARTNER does not approve funding for
any subsequent fiscal year, this Agreement shall terminate upon expenditure of the current
funding, notwithstanding other provisions in this Agreement to the contrary.
Service Performed by County Partner's Payment Schedule
Cost
Media Outreach/Administration $10,394.00 Payable upon invoice
from County
Incentives/Rebates (to include 36 high $4,992.00 Municipality will not
efficiency toilets, 12 pre-rinse spray front the cost of
valves, and 120 total faucets, aerators, individual rebates, but
and showerheads or other mutually will be invoiced by the
agreed upon combination of water- County for actual
saving fixtures of equal value) rebates issued within
their service areas
within a given year.
Total Annual Year 1 Maximum Cost to Partner $15,386.00
Total Annual Year 2 Maximum Cost to Partner $15,697.82
Total Annual Year 3 Maximum Cost to Partner $16,018.99
Total Annual Year 4 Maximum Cost to Partner $16,349.80
Total Annual Year 5 Maximum Cost to Partner $16,690.53
19 RESOLUTION#2011-040