HomeMy WebLinkAboutR-2020-037 City Authorizing to Execute an Interlocal Agreement with the County, a Political Subdivision of the State of FL, to Provide Cost Share Support of County-wide Water Conservation Initiative RESOLUTION NO.2020-037
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 COUNTY-WIDE WATER CONSERVATION
INITIATIVE CALLED THE NATURESCAPE IRRIGATION EVALUATION
PROGRAM TO BE IMPLEMENTED WITHIN A DESIGNATED WATER
UTILITY SERVICE AREA AND AUTHORIZING BROWARD COUNTY TO
CONDUCT SPECIFIC TECHNICAL ACTIVITIES REQUIRED AS PART OF
LANDSCAPE AND IRRIGATION SYSTEM EVALUATIONS, IN AN
AMOUNT NOT TO EXCEED FIFTY-SEVEN THOUSAND, EIGHT
HUNDRED DOLLARS AND THIRTY-EIGHT CENTS ($57,800.38) OVER
THE NEXT FIVE (5) YEARS; 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 with Broward County, Florida, a political subdivision of the state of Florida, to
provide cost share support of a county-wide water conservation initiative, the NatureScape
irrigation evaluation program, a copy of which Agreement is attached as Exhibit"A".
Section 2. That funding for this agreement relates to the City's water conservation
efforts mandated by the South Florida Water Management District which requires public water
supply utilities and landscape irrigation permittees to develop and implement water conservation
plans and programs and therefore, expenses and cost associated with this agreement with
Broward County shall be approved by the Public Services Department and shall be paid from
available annual budget appropriations in the Water Fund, Contractual Services account #403-
3 8-01-53 8-49-30.
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are repealed to the extent of such conflict.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 force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on April 28, 2020.
ATTEST:
THOMAS SCHNEIDER, CMC LORI 11WELLEN
CITY CLERK MAYOR
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APPROVED AS TO F RM AND CORREC SS:
THOM S S R
CITY ATTO EY
2 RESOLUTION#2020-037
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Agreement between Broward County and the City of Dania Beach, Florida,to Provide Cost
Share Support of a NatureScape Irrigation Service Within the Water Utility Service Area and
Authorize Broward County to Conduct Specific Technical Activities as Part of Landscape
Irrigation System Evaluations.
This Agreement ("Agreement") is made and entered by and between Broward County, a
political subdivision of the State of Florida ("County"), and the City of Dania Beach, Florida, a
municipal corporation of the State of Florida ("NIS Partner") (collectively referred to as the
"Parties").
RECITALS
A. In 2015, County entered into various interlocal agreements to share the costs of
County's NatureScape Irrigation Service ("NIS"). The NIS is intended to conserve
water by providing detailed site evaluations and recommendations for producing
water savings and water quality improvements through modification in landscape
and irrigation system design, maintenance, and operation.
B. The 2015 interlocal agreements are set to terminate in 2020, and the Parties seek
to enter into new,five (5)year cost sharing agreements.
C. In addition to providing for cost-sharing, County has established an optional
Residential Irrigation Rebate Program ("RIR Program")through which County will
facilitate rebates to residents within participating NIS Partners'water service area.
Now,therefore,for good and valuable consideration,the receipt and sufficiency of which
are hereby acknowledged, the Parties agree as follows:
ARTICLE 1. DEFINITIONS
1.1. Board means the Board of County Commissioners of Broward County, Florida.
1.2. City Manager means the manager or administrator, whichever is applicable, that is the
chief executive officer of NIS Partner.
1.3. Contract Administrator means the Director of the Broward County Environmental
Planning and Community Resilience Division,or such other person designated by same in writing.
1.4. Services mean all work required under this Agreement, including, without limitation, all
deliverables, consulting,training, project management, or other Services specified in Exhibit A.
NatureScape Irrigation Service ILA Page 1 of 18
ARTICLE 2. SCOPE OF SERVICES
2.1. County shall perform all County obligations identified in this Agreement including,
without limitation, County Responsibilities specified in Exhibit A(the "Scope of Services"), except
that County shall have no obligation to perform any Services under the RIR Program if NIS Partner
does not elect to participate in the RIR Program or if NIS Partner withdraws from the RIR Program
after having previously agreed to participate in it.
2.2. NIS Partner agrees to perform all NIS Partner obligations identified in this Agreement
including, without limitation, the NIS Partner Responsibilities specified in the Scope of Services
outlined in Exhibit A, except that NIS Partner shall have no obligation to perform any Services
under the RIR Program if NIS Partner does not elect to participate in the RIR Program or if NIS
Partner withdraws from the RIR Program after having agreed to participate in it.
2.3. The Scope of Services is a description of the Parties' obligations and responsibilities and
is deemed to include preliminary considerations and prerequisites, and all labor, materials,
equipment, and tasks that are such an inseparable part of the work described that exclusion
would render performance by either party impractical, illogical, or unconscionable.
2.4. RIR Program. NIS Partner may optionally participate in the RIR Program. The Services to
be provided as part of the RIR Program are further identified in Exhibit A of this Agreement under
the heading RIR PROGRAM.
2.4.1. Unless the amount provided in Exhibit Cis zero dollars ($0), NIS Partner agrees to
participate in the RIR Program. If the amount in Exhibit C is zero dollars($0), NIS Partner
may later elect to participate in the RIR program. To participate, City Manager shall
submit to County, in the manner required by the NOTICES section, a statement that NIS
Partner wishes to participate in the RIR Program and the NIS Partner's desired not-to-
exceed amount. Such not-to-exceed amount shall include at least$4,000 for the base fee
and such amount NIS Partner wishes to offer in rebates. County may,through its Contract
Administrator, provide written notice of its refusal to perform under the RIR Program
within thirty(30)days after receipt of the participation request. County's refusal shall not
terminate the remainder of this Agreement.
2.4.2. NIS Partner may change the not-to-exceed amount (whether that amount is
established by Exhibit C or a subsequent notice under Section 2.4.1) for rebates with at
least thirty (30) days' notice to County before the change becomes effective. If such
notice reduces the not-to-exceed amount for rebates, County shall cease to accept
applications from NIS Partner residents seeking to participate in the RIR Program if the
residents' participation would be in excess of the new not-to-exceed amount. However,
decreasing the number of rebates shall not relieve NIS Partner of its obligation to
compensate County for any rebates actually provided prior to the effective date of
termination of this Agreement or prior to any notice of change pursuant to this section.
NatureScape Irrigation Service ILA Page 2 of 18
2.4.3. By participating in the RIR Program, NIS Partner acknowledges that County is
responsible for administering the program. County shall make good faith efforts to
consult with NIS Partner regarding the promotion and administration of the RIR Program.
Except as otherwise provided,all decisions,including,without limitation,whether to offer
a rebate on an individual basis, the manner by which County promotes the RIR Program,
what rebates to offer, and the amount of the rebate shall be made in County's sole
discretion.
2.5. NIS Partner acknowledges 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 except as expressly set forth in this Agreement or,to the extent applicable,
set forth in the Broward County Procurement Code.
2.6. NIS Program Brand. County, in consultation with all NIS Partners, shall develop a single
brand for use in promoting the programs covered under this Agreement (the "NIS Program
Brand"). Upon its approval by the Contract Administrator, the NIS Program Brand shall be the
brand used on all materials, including websites, promotional materials, and correspondence
associated with this Agreement, including the RIR Program, if applicable.
2.6.1. County shall own the NIS Program Brand and all derivatives. County shall register
the NIS Program Brand as a trademark, tradename, fictitious name, or service mark, as
applicable.
2.6.2. Once approved, NIS Partner shall have a nonexclusive license to use the NIS
Program Brand and derivatives on materials governed by this Agreement, including
websites, promotional materials,and correspondence for the duration of this Agreement.
2.6.3. Nothing in this subpart shall be interpreted to prohibit either party from using
their own logos and brand on matters and materials not covered by this Agreement.
ARTICLE 3. TERM AND TIME OF PERFORMANCE
3.1. Term. The term of this Agreement shall begin on April 13, 2020 ("Effective Date") and
shall end at 11:59 p.m. on April 12, 2025 ("Initial Term"). All site selections, duties, obligations,
and responsibilities of the Parties required by this Agreement shall be completed no later than
11:59 p.m. on April 12, 2025.
3.2. Fiscal Year. The continuation of this Agreement beyond the end of either Party's fiscal
year is subject to both the appropriation and the availability of funds in accordance with Chapters
129 and 166, Florida Statutes, whichever is applicable.
ARTICLE 4. COMPENSATION
4.1. County and NIS Partner agree to perform the NIS Program Services set forth in Section
2.1. and 2.2. at a cost to NIS Partner of the total yearly amount specified in Exhibit B. County
shall have the option to refuse to perform any additional evaluations and may notify NIS Partner
NatureScape Irrigation Service ILA Page 3 of 18
in writing of this fact. If County elects to not perform an additional evaluation, NIS Partner shall
not be invoiced for that additional evaluation.
4.2. If NIS Partner elects to participate in the RIR Program, County will make a good faith effort
to distribute as many rebates as possible within the designated amount identified in Exhibit C or
in the amount contained in NIS Partner's written notice to County pursuant to Section 2.4.1 of
this Agreement, whichever is applicable. NIS Partner shall be invoiced for the actual amount of
money distributed as rebates within NIS Partner's water service area. NIS Partner acknowledges
that since rebate amounts vary per program guidelines, the number of rebates provided will
depend on the amount of each rebate actually given per program guidelines.
4.3. County may submit invoices on an annual basis starting one (1) year following the
effective date of this agreement for work actually performed and, if NIS Partner participates in
the RIR Program,for the final amount distributed as rebates. NIS Partner shall pay County within
forty-five (45) days following receipt of County's invoice and as otherwise provided by Chapter
218, Florida Statutes. County may submit the final invoice up to sixty (60) days following the
Initial Term of this Agreement.
4.4. Payments shall be made to County at:
NatureScape Irrigation Services
Broward County Environmental Planning and Community Resilience Division
115 S Andrews Ave. Room 329H
Fort Lauderdale, FL 33324
ARTICLE S. INSURANCE
5.1. The Parties are entities subject to Section 768.28, Florida Statutes, and shall furnish the
other party with written verification of liability protection in accordance with state law upon
request by a party subject to this Agreement.
ARTICLE 6. EEO COMPLIANCE
6.1 No party to this Agreement may discriminate on the basis of race, color, sex, religion,
national origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy,
gender identity and expression, or veteran or service member status in the performance of this
Agreement. Failure by any party to carry out any of the requirements of this section shall
constitute a material breach of this Agreement, which shall permit the other party to terminate
this Agreement or to exercise any other remedy provided under applicable law,all such remedies
being cumulative.
NatureScape Irrigation Service ILA Page 4 of 18
ARTICLE 7. TERMINATION
7.1. This Agreement may be terminated for cause by an aggrieved party if the party in breach
has not corrected the breach within ten (10) days after receipt of written notice from the
aggrieved party identifying the breach. This Agreement may also be terminated for convenience
by the Parties' respective boards or commissions. Termination for convenience shall be effective
on the termination date stated in the written notice provided pursuant to the NOTICES section,
which termination date shall be not less than thirty(30)days after the date of such written notice.
This Agreement may also be.terminated by the County Administrator or the City Manager upon
such notice as the County Administrator or the City Manager deems appropriate under the
circumstances in the event the County Administrator or the City Manager determines that
termination is necessary to protect the public health, safety, or welfare. If County or NIS Partner
erroneously, improperly,or unjustifiably terminates for cause, such termination shall be deemed
a termination for convenience, which shall be effective thirty (30) days after such notice of
termination is provided.
7.2. Notice of termination shall be provided in accordance with the NOTICES section of this
Agreement except that notice of termination by the County Administrator or the City Manager,
which the County Administrator or City Manager deems necessary to protect the public health,
safety, or welfare may be verbal notice that shall be promptly confirmed in writing in accordance
with the NOTICES section of this Agreement.
7.3. In the event this Agreement is terminated for convenience by County or NIS Partner, any
Services properly performed under the Agreement through the termination date specified in the
written notice of termination shall be paid. County and NIS Partner acknowledge that each has
received good, valuable, and sufficient consideration from the other Party, in exchange for the
right to terminate this Agreement for convenience.
7.4. Either party may withdraw from the RIR Program without terminating the remainder of
this Agreement by providing notice of its intent in accordance with the NOTICES section of this
Agreement. Such notice shall take effect not later than thirty (30) days after the date of such
written notice. In the event either party withdraws from the RIR Program, any Services
performed by County under the RIR Program prior to the notice's effective date shall be included
in County's annual invoice as set forth in Section 4.3 of this Agreement.
ARTICLE 8. MISCELLANEOUS
8.1. Riphts in Documents and Work. Any and all reports, photographs, surveys, and
documents created by County in connection with performing Services under this Agreement shall
be owned by County. If a copyright,trademark, service mark, or similar claim of rights is claimed
by County, County grants NIS Partner a non-exclusive license to use the copyrighted item(s) 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 documents
prepared by County, whether finished or unfinished, shall remain County's property, and, if in
NatureScape Irrigation Service ILA Page 5 of 18
the possession of NIS Partner, shall be delivered by NIS Partner to the Contract Administrator
within seven (7) days after termination of this Agreement by either party.
8.2. Public Records. The Parties are public agencies subject to Chapter 119, Florida Statutes.
To the extent subcontractors are used in the performance of this Agreement, the subcontractor
agreement shall contain language pursuant to Section 119.0701, Florida Statutes.
8.3. Independent Contractor. The Parties are independent contractors under this Agreement.
In providing Services under this Agreement, neither party nor its agents shall act as officers,
servants, employees, or agents of the other party. Neither of the Parties shall have the right to
bind the other party to any obligation not expressly undertaken under this Agreement.
8.4. Regulatory Capacity. Notwithstanding the fact that the Parties are political subdivisions
and/or municipal corporations with certain regulatory authority,the Parties' performance under
this Agreement is as a party to this Agreement. In the event the Parties exercise their regulatory
authority,the exercise of such authority and the enforcement of any rules, regulation, laws, and
ordinances shall have occurred pursuant to Parties' regulatory authority as governmental bodies
separate and apart from this Agreement, and shall not be attributable in any manner to County
or NIS Partner as a party to this Agreement.
8.5. Sovereign Immunity. Except to the extent sovereign immunity may be deemed to be
waived by entering into this Agreement, nothing herein is intended to serve as a waiver of the
Parties' sovereign immunity nor shall anything included herein be construed as consent by the
Parties to be sued by third parties in any matter arising out of this Agreement. Parties are political
subdivisions as defined in Section 768.28, Florida Statutes, and shall be responsible for the
negligent or wrongful acts or omissions of their respective employees pursuant to Section 768.28,
Florida Statutes, as amended. This section shall survive the termination of all performance or
obligation under this Agreement and shall be fully binding until such time as any proceeding
brought on account of this Agreement is barred by any applicable statute of limitations.
8.6. Third-Party Beneficiaries. Neither NIS Partner nor County intends to directly or
substantially benefit a third party by this Agreement. Therefore, the Parties acknowledge that
there are no third-party beneficiaries to this Agreement and that no third party shall be entitled
to assert a right or claim against either of them based upon this Agreement.
8.7. Notices. In order for a notice to a party to be effective under this Agreement, notice must
be sent via U.S. first-class mail, hand delivery, or commercial overnight delivery, each with a
contemporaneous copy via e-mail, to the addresses listed below and shall be effective upon
mailing, hand delivery,or commercial overnight delivery(provided the contemporaneous e-mail
is also sent). The addresses for notice shall remain as set forth in this section unless and until
changed by providing notice of such change in accordance with the provisions of this section.
NatureScape Irrigation Service ILA Page 6 of 18
FOR COUNTY:
Broward County Environmental Planning and Community Resilience
Attn: Stefanie Chicko
Governmental Center, Room 329H
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Email address: schicko@broward.org
FOR NIS Partner:
City of Dania Beach Public Services Department
Deputy Public Services Director/City Engineer
Attn: Marjorie Craig
1201 Stirling Road
Dania Beach, FL 33004
8.8. Assignment. All Subcontractors must be expressly identified in this Agreement or
otherwise approved in advance and in writing by County's Contract Administrator and NIS
Partner's City Manager. Except for subcontracting approved by County and NIS Manager in
advance, neither this Agreement nor any right or interest herein may be assigned, transferred,
subcontracted, or encumbered without the prior written consent of the Parties. If any party
violates this provision, any other party shall have the right to immediately terminate this
Agreement.
8.9. Materiality and Waiver of Breach. Each requirement,duty,and obligation set forth herein
was bargained for at arm's-length and is agreed to by the Parties. Each requirement, duty, and
obligation set forth herein is substantial and important to the formation of this Agreement, and
each is,therefore,a material term hereof. Each of the Parties'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.
8.10. Compliance with Laws. The Parties shall comply with all applicable federal, State of
Florida, and local laws, codes, ordinances, rules, and regulations in performing their duties,
responsibilities, and obligations pursuant to this Agreement.
8.11. 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.
8.12. Joint Preparation. This Agreement has been jointly prepared by the Parties and shall not
be construed more strictly against either party.
8.13. Interpretation. The titles and headings contained in this Agreement are for reference
purposes only and shall not in any way affect the meaning or interpretation of this Agreement.
NatureScape Irrigation Service ILA Page 7 of 18
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. Whenever reference is made to a section or article of this Agreement, such
reference is to the section or article as a whole, including all of the subsections of such section,
unless the reference is made to a particular subsection or subparagraph of such section or article.
Any reference to "days" means calendar days, unless otherwise expressly stated.
8.14. Priority of Provisions. If there is a conflict or inconsistency between any term, statement,
requirement, or provision of any document or exhibit attached hereto or referenced or
incorporated herein and any provision of Articles 1 through 8 of this Agreement, the provisions
contained in Articles 1 through 8 shall prevail and be given effect.
8.15. Law, 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. 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,THE PARTIES HEREBY EXPRESSLY WAIVE ANY
RIGHTS THE PARTIES MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO
THIS AGREEMENT.
8.16. Amendments. No modification, amendment, or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document prepared with the
same or similar formality as this Agreement and executed by County and NIS Partner or others
delegated authority or otherwise authorized to execute same on their behalf.
8.17. Prior Agreements. This Agreement represents the final and complete understanding of
the Parties regarding the subject matter 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.
8.18. Payable Interest
8.18.1. Payment of Interest. Each of the Parties shall not be liable to pay any interest to
the other Part7 for any reason,whether as prejudgment interest or for any other purpose,
and in furtherance thereof each of the Parties waive, reject, disclaim, and surrender any
and all entitlement it has or may have to receive interest in connection with a dispute or
claim arising from, related to,or in connection with this Agreement. This paragraph shall
not apply to any claim for interest, including for post-judgment interest, if such
application would be contrary to applicable law.
NatureScape Irrigation Service ILA Page 8 of 18
8.18.2. Rate of Interest. If, for whatever reason, the preceding subsection is determined
to be invalid or unenforceable by a court of competent jurisdiction, the annual rate of
interest payable by either of the Parties under this Agreement, whether as prejudgment
interest or for any other purpose, shall be,to the full extent permissible under applicable
law, 0.25%(one quarter of one percent) simple interest (uncompounded).
8.19. Incorporation by Reference. Any and all Recital clauses stated above are true and correct
and are incorporated in this Agreement by reference. The attached Exhibits are incorporated
into and made a part of this Agreement.
8.20. Counterparts and Multiple Originals. This Agreement may be executed in multiple
originals, and may be executed in counterparts, each of which shall be deemed to be an original,
but all of which, taken together, shall constitute one and the same agreement.
8.21. Use of Parties' Logo. NIS Partner shall not use County's name, logo, or otherwise refer to
this Agreement in any marketing or publicity materials without the prior written consent of
County. This section does not limit NIS Partner's use of the NIS Program Brand pursuant to
Sections 2.6 and 8.1. County shall not use NIS Partner's city seal or official city logo except as
permitted in writing by NIS Partner or applicable city ordinance.
8.22. Representation of Authority. Each individual executing this Agreement on behalf of a
party hereto hereby represents and warrants that he or she is, on the date he or she signs this
Agreement, duly authorized by all necessary and appropriate action to execute this Agreement
on behalf of such party and does so with full legal authority.
8.23. Contingency Fee. Each of the Parties represents that it has not paid or agreed to pay any
person or entity,other than a bona fide employee working solelyfor a party,any fee,commission,
percentage, gift, or other consideration contingent upon or resulting from the award or making
of this Agreement.
8.24. Force Maieure. If the performance of this Agreement, or any obligation hereunder, is
prevented by reason of hurricane, earthquake, or other casualty caused by nature, or by labor
strike, war, or by a law, order, proclamation, regulation, or ordinance of any 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 non-performance 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 such causes are removed;
provided, however, that if such non-performance exceeds sixty (60) days, the party that is not
prevented from performance by the force majeure event shall have the right to terminate this
Agreement upon written notice to the other party. This section shall not supersede or prevent
the exercise of any right the Parties may otherwise have to terminate this Agreement.
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NatureScape Irrigation Service ILA Page 9 of 18
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 NIS Partner,signing by and through its Mayor duly authorized to
execute same.
COUNTY
ATTEST: BROWARD COUNTY, by and through
its Board of County Commissioners
Broward County Administrator, as By:
ex officio Clerk of the Broward County
Board of County Commissioners day of . 20_
Approved as to form by
Andrew J. Meyers
Broward County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641
By:
Joseph K.Jarone (Date)
Assistant County Attorney
By:
Michael C. Owens (Date)
Senior County Attorney
NatureScape Irrigation Service ILA Page 10 of 18
AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH, FLORIDA, TO
PROVIDE COST SHARE SUPPORT OF A NATURESCAPE IRRIGATION SERVICE WITHIN THE WATER
UTILITY SERVICE AREA AND AUTHORIZE BROWARD COUNTY TO CONDUCT SPECIFIC TECHNICAL
ACTIVITIES AS PART OF LANDSCAPE AND IRRIGATION SYSTEM EVALUATIONS
NIS PARTNER
ATTEST: CITY OF DANIA BEACH
By:
Signature Authorized Signor
THOMAS SCHNEIDER, CMC LORI LEWELLEN
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS
day of , 20_
Signature
ATTEST:
THOMAS J. ANSBRO
CITY ATTORNEY
Corporate Secretary or other person
authorized to attest
(CORPORATE SEAL OR NOTARY)
NatureScape Irrigation Service ILA Page 11 of 18
Exhibit A
SCOPE OF SERVICES
Broward County
NatureScape Irrigation Services and Residential Irrigation Rebate 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 2005, Broward County and twenty-two (22) municipal and water utility partners collaborated
in the launching of a NatureScape Irrigation Service ("NIS"), a local variation of a Mobile Irrigation
Laboratory ("MIL") designed to provide users with a detailed site evaluation and
recommendations for achieving water savings and water quality improvements through
modifications in landscape and irrigation system design, maintenance,and operation. The initial
program has continued on five-year cycles to the present with minor variation in partner
participation. The NIS has helped local partners to achieve more than 1.6 billion gallons in water
savings since 2005.
The overall objective of the NIS Program is to further water conservation strategies in support of
consumptive use permit requirements and achieve water quality improvements as part of the
United States Environmental Protection Agency's National Pollutant Discharge Elimination
System permitting program. As with similar programs, NIS seeks to encourage municipalities,
residents, and businesses in Broward County to adopt an enduring water conservation ethic that
supports long-term water resource sustainability and to achieve permanent and measurable
water savings through repair and upgrade of irrigation system components and through proper
management of those systems.
There are two (2) principal components to this Scope:
• Irrigation system efficiency inspections on larger municipal and commercial sites as
identified by partner agencies ("NIS Partners") or the Broward County ("County") ("NIS
Program"). NIS program staff to identify operational efficiencies, maintenance concerns
and potential upgrades of system components to achieve increased water use efficiency.
• Residential Irrigation Rebate Program ("RIR Program") that provides irrigation system
efficiency inspections and water conservation education to residents of partner
municipalities and offers rebates to offset initial costs incurred in upgrading specified
NatureScape Irrigation Service ILA Page 12 of 18
water-efficient irrigation system components. The RIR Program is optional and will only
be activated with express consent of NIS Partner and County.
The two principal components of the Scope shall be referred to as the "Program"
2. SCOPE OF SERVICES
The Scope of Services in support of this Partnership Agreement is undertaken through the
following series of tasks.
2.1 COUNTY RESPONSIBILITIES
A. ADMINISTRATION OF THE PROGRAM
1. Provide overall administration of the Agreement. Except as otherwise
provided, administration of the Program will be left to the sole discretion
of County.
2. Coordinate at least one (1) meeting annually with NIS Partner and other
partners (those entities listed in Exhibit B) to present annual program
achievements, review administrative or logistical program issues, and
consider new program promotions and opportunities for improvement.
3. Provide reports to NIS Partner and other partners as requested on
inspection results, rebate expenditures, and water savings. An annual
report will outline the performance of the Program and the status of goals
and objectives. The report will include a list of sites inspected and water
savings. The report will also address any unanticipated delays and issues
that necessitate modification of the Program. County will provide the
annual report within 30 days following the completion of each Program
year(from April 13 through April 12 of the subsequent year).
4. Optionally seek 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, County may solicit support from sponsors through County's
Advantage Marketing program. Funds obtained from additional sources
may be used to provide additional inspections or rebates,or to offset other
costs at County's discretion.
B. NIS PROGRAM
1. Perform at least six (6) evaluations, which include three (3) original and
three (3) follow up, per year on properties selected in coordination with
NIS Partner and located within the water service area of NIS Partner. If
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Exhibit B states that NIS Partner shall receive additional evaluations,
County shall perform such additional evaluations. An additional evaluation
shall be either an original (i.e., initial) or follow-up evaluation, at NIS
Partner's election.
2. Evaluations will be performed by a County staff person with training in
irrigation system design and operation, expertise in landscape best
management practices, and with permission and participation of the
property owner/manager. The initial evaluation will serve to assess
current rates of water consumption as a function of existing landscape
design and maintenance and be based on the existing irrigation system's
condition and standard operation.
3. Provide,following the initial evaluation,the property owner/manager with
specific written recommendations for reducing total irrigation demands
and increasing irrigation system efficiency through appropriate
modifications in the landscape design, as well as irrigation system
maintenance and operation. County will provide the property
owner/manager a summary of the results of the evaluation in a site report
and include the results in the annual program report. The site report will
include a description of the irrigation system and site, a list of
recommended improvements, and a summary of current water
consumption, potential water savings, and water savings realized as a
result of the initial evaluation.
4. Conduct follow up evaluations of sites inspected no more than three (3)
months after the initial evaluation. Follow up evaluations will consist of
an assessment of the degree to which the site-specific recommendations
have been implemented and quantification of the water savings achieved
as a result of the recommended improvements.
5. Identify and coordinate property owners/managers interested in pursuing
NatureScape Certification as part of the NIS evaluation. For interested
property owners/managers, County will provide expert assistance in
developing a Florida Friendly Landscape TM in order to meet the
NatureScape Broward certification criteria. Properties implementing an
NIS evaluation and Florida Friendly Landscape recommendations are
eligible for certification as NatureScape properties.
6. Conduct additional NIS site evaluations within each service area for NIS
Partners that have elected to fund them. These additional NIS evaluation
sites may be selected at the discretion of County in coordination with NIS
Partner.
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7. Prepare a five-year summary of the program accomplishments prior to
conclusion of the five-year term, including:
a. Total number and location of properties evaluated;
b. Analysis of potential versus actual water savings achieved as a result of
the NIS Program;
c. Discussion of achieved improvements in landscape practices with
consideration of water quality implications;
d. Identification of properties certified as meeting NatureScape Broward
criteria a result of the NIS Program; and
e. Assessment of the overall performance of the NIS Program.
C. RIR PROGRAM
1. Issue rebates, as funded by NIS Partner, to residents that purchase and
install specified water-saving measures including, but not limited to,
adjustment of irrigation timing, zoning, head type and/or placement; and
upgrades to irrigation system components such as valves, heads, timers,
and sensing devices.
2. Maintain a list of currently approved cost-saving measures along with the
rebate amount being offered and provide the current, accurate list to NIS
Partner upon request.
3. Periodically assess available water-saving measures to be used for rebates
to ensure the RIR Program stays current with technology and standards.
4. Adopt forms and documentation for use by residents who wish to request
a rebate. County will design such forms in consultation with NIS Partner,
but approval of such forms shall be at the discretion of County.
5. Periodically make a good faith effort to communicate the availability of the
rebate program to residents within NIS Partner's water service area,
including all necessary qualifications. This will include at a minimum, one
(1) promotional campaign within NIS Partner's water service area per RIR
Program year.
6. In any RIR Program year in which rebate funds are exhausted before the
final quarter, County will submit notice to NIS Partner and cease
performance on the RIR Program until additional funds become available.
2.2 NIS PARTNER RESPONSIBILITIES:
A. ADMINISTRATION OF THE PROGRAM
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1. Provide one Point of Contact to coordinate with County on matters
pertaining to this Agreement and inform County in writing within thirty
(30) days after a change in Point of Contact.
2. Participate in Program meetings and provide comments within thirty (30)
days after request on programmatic matters. Following such thirty (30)
day period,County may assume NIS Partner has no comments if none have
been provided.
3. Provide County with a list of at least three (3) properties within its water
service area to be potential targets for the NIS Program and coordinate
with County to identify appropriate properties within thirty (30) days of
the start of each program year under this agreement.
4. Coordinate with County to:
A. Identify and contact site managers of properties to be inspected
under the NIS Program.
B. Coordinate access to properties to be inspected under the NIS
Program.
C. Follow up with site managers to encourage improvements and
repairs as identified in the inspection report.
D. Promote the NIS Program and, if participating,the RIR Program.
5. Inform County in writing no later than the start of the fourth (4th) quarter
of each Program year of any increases or decreases in the amount of
additional NIS Program inspections and/or RIR Program rebates for the
upcoming program year.
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Exhibit B—Cost Schedule
Additional
NIS Partner Initial Follow up Base Cost Evaluations+ Total Year 1* Total Year 2* Total Year 3* Total Year 4* Total Year 5*
Coconut Creek 3 3 $3,000.00 1 $4,250.00 $4,377.50 $4,508.83 $4,644.09 $4,783.41
Cooper City 3 3 $3,000.00 0 $3,000.00 $3,090.00 $3,182.70 $3,278.18 $3,376.53
Coral Springs 3 3 $3,000.00 3 $6,750.00 $6,952.50 $7,161.08 $7,375.91 $7,597.18
Coral springs 3 3 $3,000.00 0 $3,000.00 $3,090.00 $3,182.70 $3,278.18 $3,376.53
Improvement District
Dania Beach 3 3 $3,000.00 1 $4,250.00 $4,377.50 $4,508.83 $4,644.09 $4,783.41
Davie 3 3 $3,000.00 1 $4,250.00 $4,377.50 $4,508.83 $4,644.09 $4,783.41
Deerfield Beach 3 3 $3,000.00 2 $5,500.00 $5,665.00 $5,834.95 $6,010.00 $6,190.30
Fort Lauderdale 3 3 $3,000.00 9 $13,350.00 $13,750.50 $14,163.02 $14,587.91 $15,025.54
Hallandale Beach 3 3 $3,000.00 0 $3,000.00 $3,090.00 $3,182.70 $3,278.18 $3,376.53
Hollywood 3 3 $3,000.00 6 $10,500.00 $10,815.00 $11,139.45 $11,473.63 $11,817.84
Margate 3 3 $3,000.00 2 $5,500.00 $5,665.00 $5,834.95 $6,010.00 $6,190.30
Miramar 3 3 $3,000.00 4 $8,000.00 $8,240.00 $8,487.20 $8,741.82 $9,004.07
North Lauderdale 3 3 $3,000.00 2 $5,500.00 $5,665.00 $5,834.95 $6,010.00 $6,190.30
Oakland Park 3 3 $3,000.00 1 $4,250.00 $4,377.50 $4,508.83 $4,644.09 $4,783.41
Pembroke Pines 3 3 $3,000.00 6 $10,500.00 $10,815.00 $11,139.45 $11,473.63 $11,817.84
Plantation 3 3 $3,000.00 4 $8,000.00 $8,240.00 $8,487.20 $8,741.82 $9,004.07
Pompano Beach 3 3 $3,000.00 4 $8,000.00 $8,240.00 $8,487.20 $8,741.82 $9,004.07
Sunrise 3 3 $3,000.00 5 $9,250.00 $9,527.50 $9,813.33 $10,107.72 $10,410.96
*The totals include the $3,000 base cost plus an additional $1,250 per each additional evaluation. Years 2-5 include a 3% cost escalator per year.
+Additional Evaluations may be either an initial evaluation or follow-up evaluation.
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Exhibit C-Cost Schedule
Residential Irrigation Rebate Program
NIS Partner Base Cost Rebates Total Year 1 Total Year 2* Total Year 3* Total Year 4* Total Year 5*
Coconut Creek $4,000.00 $4,500.00 $4,000.00 $8,620.00 $8,743.60 $8,870.91 $9,002.04
Cooper City $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Coral Springs $4,000.00 $4,500.00 $4,000.00 $8,620.00 $8,743.60 $8,870.91 $9,002.04
Coral Springs Improvement District $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Dania Beach $4,000.00 $3,500.00 $4,000.00 $5,120.00 $5,243.60 $5,370.91 $5,502.04
Davie $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Deerfield Beach $4,000.00 $4,500.00 $4,000.00 $8,620.00 $8,743.60 $8,870.91 $9,002.04
Fort Lauderdale $4,000.00 $7,500.00 $4,000.00 $11,620.00 $11,743.60 $11,870.91 $12,002.04
Hallandale Beach $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Hollywood $4,000.00 $6,500.00 $4,000.00 $10,620.00 $10,743.60 $10,870.91 $11,002.04
Margate $4,000.00 $4,500.00 $4,000.00 $8,620.00 $8,743.60 $8,870.91 $9,002.04
Miramar $4,000.00 $5,500.00 $4,000.00 $9,620.00 $9,743.60 $9,870.91 $10,002.04
North Lauderdale $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Oakland Park $4,000.00 $3,500.00 $4,000.00 $7,620.00 $7,743.60 $7,870.91 $8,002.04
Pembroke Pines $4,000.00 $6,500.00 $4,000.00 $10,620.00 $10,743.60 $10,870.91 $11,002.04
Plantation $4,000.00 $5,500.00 $4,000.00 $9,620.00 $9,743.60 $9,870.91 $10,002.04
Pompano Beach $4,000.00 $5,500.00 $4,000.00 $9,620.00 $9,743.60 $9,870.91 $10,002.04
Sunrise $4,000.00 $5,000.00 $4,000.00 $9,120.00 $9,243.60 $9,370.91 $9,502.04
*Includes a 3% per year cost escalator for the base costs.
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