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HomeMy WebLinkAboutR-2016-082 Authorizes the Execution of an Interlocal Agreement with Broward County to Provide Cost Share Support of a Water Conservation Incentive Program Not to Exceed $12,049.00 Annually. RESOLUTION NO. 2016-082 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 A BASE AMOUNT NOT TO EXCEED TWELVE THOUSAND FORTY NINE DOLLARS ($12,049.00) ANNUALLY, PLUS 3% INCREASES IN YEAR 2 THROUGH YEAR 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$12,049.00 as shown in Exhibit "A". Years 2 through 5 of the Program provide for an annual cost-of-living adjustment of 3% in the media outreach/administration portion of Exhibit "B". The fees for years 2017, 2018, 2019, 2020, and 2021 shall be payable upon invoice and in accordance with the schedule shown in Exhibit "B", for the services actually performed. Additional cost for rebates and devices will only be invoiced if issued within the Dania Beach service area. 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#401-33-02-533-49-30 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 June 28, 2016. ATTEST: �PR3'S FIRS7.er�y LOUISE STILSON, CMC SALVINO, SR. CITY CLERK MAYOR �N�l4PORP��1 APPROVED AS TO` O ND CORRECTNESS: THOMA J. AN 'BR CITY ATTO Y 2 RESOLUTION 42016-082 BR,'�:W INTERLOCAL AGREEMENT Between BROWARD COUNTY and CITY OF DANIA BEACH for COST SHARE SUPPORT OF A WATER CONSERVATION INCENTIVES PROGRAM This Interlocal Agreement (the "Agreement") is made and entered into by and between Broward County, a political subdivision of the State of Florida ("County"), and City of Dania Beach, its successors and assigns, hereinafter referred to as "Partner," collectively the "parties." 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, the South Florida Water Management District adopted the Regional Water Availability (RWA) Rule in 2007 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, county-wide consumptive use water demands are projected to increase by as much as 50 million gallons per day by the year 2035 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 ILA for Water Conservation Incentives Program Agreement Page 1 of 16 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 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, in 2011 the Broward Water Partnership was formed as a regional water conservation initiative among Broward County and 18 municipal water utilities to implement the Broward Water Conservation Incentives Program, later branded Conservation Pays, with a goal of achieving a 20 million gallon per day reduction in water consumption by 2020 through water conservation; and WHEREAS, since its formation, the Broward Water Partnership has played a major role in sustaining a 23% reduction in per capita water demands through water conservation incentives, messaging, education, and outreach; WHEREAS, given the successes of the Broward Water Partnership and the regional Water Conservation Incentives Program, the parties now desire to renew this Agreement in furtherance of shared water conservation goals, regional water conservation strategies, and conservation activities reflected in consumptive use permit requirements; NOW,THEREFORE, ILA for Water Conservation Incentives Program Agreement Page 2 of 16 IN CONSIDERATION of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, County and Partner agree as follows: ARTICLE 1. DEFINITIONS 1.1. Board.The Board of County Commissioners of Broward County, Florida. 1.2. Contract Administrator. Director of the Broward County Environmental Planning and Community Resilience Division or such person's successor as designated by County in writing. 1.3. County. Broward County, Florida, a political subdivision of the State of Florida. 1.4. Project. The project or projects set forth in Article 2 hereof, and Exhibit A. ARTICLE 2. SCOPE OF SERVICES 2.1. Scope of Services. Partner shall perform all work specified in this Agreement inclusive of the Exhibits. Unless stated otherwise in this Agreement, the work required of Partner includes all labor, materials and tasks, whether or not enumerated in the Agreement, that are such an inseparable part of the work expressly stated in the Agreement that exclusion thereof would render Partner's performance impractical, illogical, or unconscionable. 2.2. Change of Scope Procedures. Partner acknowledges that 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 except as expressly provided herein. 2.3. Contract Administrator Authority. Unless otherwise expressly stated herein or in the applicable Procurement Code, Code of County Ordinances, or County Code of Administrative Procedure, the Contract Administrator may act on behalf of County to exercise the authority and powers of County under this Agreement. ARTICLE 3. FINANCIAL CONTRIBUTION 3.1 County agrees to provide an amount not to exceed $100,000.00 annually towards meeting its obligations as outlined in Exhibit A. 3.2 County agrees to perform the services set forth in this Agreement, at an annual base cost to the Partner of $12,049.00, as shown in Exhibit B. Years Two through Five 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 Fiscal Years 2017, 2018, 2019, 2020, and 2021 shall be payable upon invoice and in accordance with the schedule ILA for Water Conservation Incentives Program Agreement Page 3 of 16 shown in Exhibit B for the services actually performed. Payment shall be made to County at: Broward County Board of County Commissioners Director, Environmental Planning and Community Resilience Division 115 South Andrews Avenue, Room 329-H Fort Lauderdale, Florida 33301 ARTICLE 4. TERM AND TIME OF AGREEMENT 4.1 Term. The Agreement shall become effective October 1, 2016, following full execution of the Agreement by the parties (the "Effective Date"). The term of the Agreement shall be for a period of five (5) years from the Effective Date. 4.2 Extensions. No extensions of this Agreement are anticipated. In the event that expiration of this Agreement would result in a gap in the provision of services necessary for the ongoing operations of the County, then this Agreement may be extended, at the sole discretion of the Purchasing Director, on the same terms and conditions by the Purchasing Director for period(s) not to exceed six(6) months in the aggregate. 4.3 Fiscal Year. The continuation of this Agreement beyond the end of any County fiscal year shall be subject to both the appropriation and the availability of funds, in accordance with Chapter 129, Florida Statutes. 4.4 All duties, obligations, and responsibilities of Partner required by this Agreement shall remain in full force and effect throughout the term of this Agreement, as set forth above, unless written notice of termination by the County or any of the Partner is provided pursuant to the Notices provision. 4.5 Time is of the essence for all performance required under this Agreement. ARTICLE 5. TERMINATION 5.1. This Agreement may be terminated for cause based on any breach that is not cured within ten (10) days after written notice from the aggrieved party identifying the breach. This Agreement may also be terminated for convenience by the Board upon providing written notice to Partner of the termination date, which shall be not less than thirty (30) days after the date such written notice is provided. If County erroneously, improperly, or unjustifiably terminates for cause, such termination shall, to the full extent permissible under applicable law, be deemed a termination for convenience, which shall be effective thirty (30) days after such notice of termination for cause is provided. 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. ILA for Water Conservation Incentives Program Agreement Page 4 of 16 5.2. Termination of this Agreement for cause shall include, but not be limited to, negligent, or intentional acts, 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 breaches 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. 5.3. 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. 5.4. 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 compensation to be paid by 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 6. ACCESS TO RECORDS AND OWNERSHIP OF DOCUMENTS 6.1 This Agreement may be unilaterally canceled by either of the parties for refusal by the other 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. 6.2 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. 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. ILA for Water Conservation Incentives Program Agreement Page 5 of 16 ARTICLE 7. GOVERNMENTAL IMMUNITY AND INSURANCE 7.1 Nothing herein is intended to serve as a waiver of sovereign immunity by any party nor shall any term 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, agree to be fully responsible for the acts and omissions of its agents or employees to the extent permitted by law. 7.2 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 8. MISCELLANEOUS 8.1 Assignment. Neither this Agreement nor any interest herein shall be assigned, transferred, or encumbered by either party. If Partner violates this provision, County shall have the right to immediately terminate this Agreement. 8.2 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. 8.3 Notices. In order for 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 e-mail to the addresses listed below and shall be effective upon mailing. The addresses for notice shall remain as set forth herein unless and until changed by providing notice of such change. NOTICE TO COUNTY: Environmental Protection and Growth Management Department Director, Broward County Environmental Planning and Community Resilience Division 115 South Andrews Avenue, Room 329H Fort Lauderdale, Florida 33301 Email address:JJURADO@broward.org With copy to: Broward County Administrator 115 South Andrews Avenue, Suite 409 Fort Lauderdale, Florida 33301 ILA for Water Conservation Incentives Program Agreement Page 6 of 16 NOTICE TO PARTNER: City Manager, City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, Florida 33301 8.4 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 under this Agreement. 8.5 Third Party Beneficiaries. The parties acknowledge that there are no third party beneficiaries under this Agreement. 8.6 Severability. In the event any part of this Agreement is found to be unenforceable by any court of competent jurisdiction, that part shall be deemed severed from this Agreement and the balance of this Agreement shall remain in full force and effect. 8.7 Joint Preparation. This Agreement has been jointly prepared by the parties hereto, and shall not be construed more strictly against either party. 8.8 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 8 of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 8 shall prevail and be given effect. 8.9 Headings and 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 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 as "herein," "hereof," "hereunder," and "hereinafter," refer to this Agreement as a whole and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise requires. 8.10 Governing Law, Venue and 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 with this Agreement shall be in the state courts of the Seventeenth Judicial Circuit in and 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 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 AGREEMENT, PARTNER AND COUNTY HEREBY EXPRESSLY WAIVE ANY AND ALL RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CAUSE OF ACTION OR CLAIM ARISING FROM, RELATED TO, OR IN CONNECTION WITH THIS AGREEMENT. ILA for Water Conservation Incentives Program Agreement Page 7 of 16 8.11 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 8.12 Prior Agreements. 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. 8.13 Incorporation by Reference. The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibit A and Exhibit B are incorporated into and made a part of this Agreement. 8.14 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. 8.15 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 governmental agency, the party so affected, upon giving prompt notice to the other party, shall be excused from such performance to the extent of such prevention, provided that the party so affected shall first have taken reasonable steps to avoid and remove such cause of nonperformance and shall continue to take reasonable steps to avoid and remove such cause, and shall promptly notify the other party in writing and resume performance hereunder whenever and to the full extent such causes are removed. However, if such nonperformance exceeds sixty (60) days, the party that is not prevented from performance by the force majeure event shall have the right to immediately terminate this Agreement upon written notice to the party so affected. This Section shall not supersede or prevent the exercise of any right the parties may otherwise have to terminate this Agreement 8.16 Counterparts. 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. (The remainder of this page is intentionally left blank.) ILA for Water Conservation Incentives Program Agreement Page 8 of 16 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, by and through its Board of County Commissioners By: Broward County Administrator, as Ex-officio Clerk of the Broward County day of 20_ Board of County Commissioners Approved as to form by Joni Armstrong Coffey Broward County Attorney Insurance requirements approved by Governmental Center, Suite 423 Broward County 115 South Andrews Avenue Risk Management Division: Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 By: Name: By: Damaris Henlon (Date) Title: Assistant County Attorney ILA for Water Conservation Incentives Program Agreement Page 9 of 16 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 ENVIRONMENTAL PLANNING AND COMMUNITY RESILIENCE DIVISION IN PARTNERSHIP WITH THE MUNICIPALITY. [MUNICIPALITY] Attest: By Mayor-Commissioner _day of , 20 Clerk By Manager day of , 20 APPROVED AS TO FORM: City Attorney ILA for Water Conservation Incentives Program Agreement Page 10 of 16 Exhibit A STATEMENT OF WORK Broward Community Water Conservation and Incentives Program 1. 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 ("Task Force") was created to identify and evaluate potential regional and sub-regional 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. 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. In response, in 2011, Broward County and 18 municipal water utilities Partnered to form the Broward Water Partnership, with water utilities committing resources to fund a regional rebate and incentives program as well as the centralized administration of the program by Broward County's Environmental Planning and Community Resilience Division, and Broward County committing funds for consultant services to aid in program branding, marketing, outreach and implementation.This program was subsequently branded Conservation Pays. ILA for Water Conservation Incentives Program Agreement Page 11 of 16 The overall objective of the Conservation Pays Program (the "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: • 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. • Provision of incentives for retrofitting existing fixtures with new, high efficiency plumbing fixtures through offers of free water-saving fixtures and rebates. 2. PROGRAM DESCRIPTION The Conservation Pays Program is a coordinated county-wide program, with uniform branding that distinguishes this collaborative Partnership. Year-round messaging promotes water conservation and is heightened during dry months and periods of water shortage. Promotion and coordination of rebates and incentives is coordinated by the County, with an annual goal of distributing 2,000 toilet rebates, along with production of promotional materials, articles, a recognition program, and community outreach. The proposed scope of work builds upon achievements already realized through implementation of the Conservation Pays program during its initial five-year period. The scope of work for services in Article 3, below, details the program elements, obligations, and commitments of the both parties (County and Partners) in the delivery of the water conservation and incentives program within Partner jurisdictions in Broward County. This scope of work covers 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 consists 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. ILA for Water Conservation Incentives Program Agreement Page 12 of 16 3. SCOPE OF WORK The Scope of Work in support of the Partnership Agreement is undertaken through the following series of tasks. COUNTY RESPONSIBILITIES: Task 1 Administration of the Program. The County will provide overall administration of the Agreement, including financial and annual reporting. The County will coordinate at least one meeting annually with Partners to present annual Program achievements, review administrative or logistical Program issues, and consider new Program promotions and opportunities for improvement. The County will provide reports to Partners as requested on rebate expenditures, device deliveries, and water savings. 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, communications tools, marketing effort (including media buys), an analysis of marketing efforts relative to rebate activities, report on leveraged funds, summary of Program awards, identification of Program needs, opportunities, and recommendations. The report will also address any unanticipated delays and issues that necessitate modification of the Program. The County shall provide the Annual Report within one month following the completion of the County's fiscal year. Task 2 Procurement and management of professional services to assist with Program development and implementation. The County will procure consulting services to assist in the overall development and implementation of an annual media and outreach campaign to get the water conservation message out, promote the Program, and connect conservation needs to climate change pressures on our water resources. 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 complete the following tasks, including, but not limited to: develop Program branding, create a Program website, develop Public Service Announcements ("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. ILA for Water Conservation Incentives Program Agreement Page 13 of 16 Task 3 Manage and promote media campaign for water conservation outreach and Program marketing. The County will develop and promote an annual 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 targeted audiences. Categories of media to be considered in the promotion of the Program include pieces for written publications (newspapers, trade publications, newsletters, brochures), broadcast media (television, radio, automated phone lines), social media, and mobile device compatible websites. 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 by the County. Task 4 Communications coordination. 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 educational resources. Program materials (brochures, fliers, posters) will be provided in electronic form for reproduction by Partners. A detailed list of preferred educational 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. 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; 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. ILA for Water Conservation Incentives Program Agreement Page 14 of 16 Task 6 Development of an awards/recognition program. 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. 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 SFWMD's Local Cooperative Funding Program, Water Sense Partnership (EPA), and local groups. In addition, the County will solicit support from sponsors through the County's Advantage Marketing program. PARTNER(S) RESPONSIBILITIES Task 8 Participate in coordination meetings. The Partner will participate in coordination meetings and provide timely review and feedback on any Program products or deliverables. The Partner will identify a designated point of Partner 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. The Partner will work with the County to identify points of distribution and promotional outlets available to Partner to promote the Program and services within the Partner's jurisdiction, and will actively coordinate with County on program promotions utilizing municipal media outlets and communications. 4. 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). Participating entities will not front the cost of individual rebates and/or devices, but will be invoiced by the County for actual rebates and/or devices issued within their service areas within a given year. This Agreement includes a 5-year term for Program delivery. ILA for Water Conservation Incentives Program Agreement Page 15 of 16 Exhibit B-Cost Schedule Total consideration for this Agreement is subject to multi-year funding allocations, and 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 Base Cost Media Outreach/Administration $12,049.00 Payable upon invoice from County Incentives/Rebates (to include high $4,992.00 Municipality will not efficiency toilets, pre-rinse spray front the cost of valves, faucets, aerators, and individual rebates and showerheads or other mutually devices, but will be agreed upon combination of water- invoiced by the saving fixtures of equal value) County for actual rebates and devices issued within their service areas within a given year. Total Annual Year 1 Maximum Cost to Partner $17,041.00 Total Annual Year 2 Maximum Cost to Partner $17,402.00 Total Annual Year 3 Maximum Cost to Partner $17,775.00 Total Annual Year 4 Maximum Cost to Partner $18,158.00 Total Annual Year 5 Maximum Cost to Partner $18,553.00 ILA for Water Conservation Incentives Program Agreement Page 16 of 16