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HomeMy WebLinkAboutR-2024-067 BC ILA Cost Share Support of Water Conservation Incentives ProgramRESOLUTION NO.2024-_C)JL_1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY FOR COST SHARE SUPPORT OF A WATER CONSERVATION INCENTIVES PROGRAM; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, County -wide consumptive use water demands are projected to increase by as much as forty-five million (45,000,000) gallons per day by the year 2040 based on South Florida Water Management District's 2018 Lower East Coast Water Supply Plan Update projections for public water supply raw water demands; and WHEREAS, the county -wide Integrated Water Resource Plan seeks to optimize the beneficial uses of local water resources by making our water resources go further; 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 and incentive programs offer the lowest cost means of generating the additional water needed to meet the region's projected water demands; and WHEREAS, since its formation in 2011, the Broward Water Partnership (aka "Conservation Pays") and the regional Water Conservation Incentives Program have experienced many successes, and therefore the Parties desire to enter into this Agreement in furtherance of shared water conservation goals, regional water conservation strategies, and conservation activities reflected in consumptive use permit requirements; and WHEREAS, the objective of the Conservation Pays Program ("Program") are to encourage 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 replacement of low efficiency plumbing fixtures with high efficiency models; and WHEREAS, the County would provide a maximum amount not to exceed one hundred twenty-five thousand dollars ($125,000.00) annually towards meeting all obligations amongst the Parties and other partners participating in the Conservation Pays program; and WHEREAS, the Interlocal is for a two-year period; and WHEREAS, the City agrees to pay the maximum amounts not to exceed $15,536.50, as an annual base cost for media outreach and administration, subject to an annual cost -of -living adjustment of three percent (3%) in Year 2 of the Agreement, and ii) reimbursement of incentives/rebates costs actually incurred by County (approximately $4,992.00), for a year one total of $20,528.50; and a year two City cost total of $20,528.50 ; and WHEREAS, the City Commission finds it in the best interest of the City to approve the ILA. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct, and they are made a specific part of and incorporated into this Resolution by this reference. Section 2. That the Interlocal Agreement (ILA) between Broward County and the City of Dania Beach relating to the Conservation Pays Program ("Program"), in substantially the form attached as Exhibit "A," together with such non -substantial changes as may be acceptable to the City Manager and approved as to form and legality by the City Attorney, is approved. Section 3. That the proper City officials are authorized to execute all necessary documents and to take any necessary action to effectuate the intent of this Resolution. Section 4. That the City Manager and City Attorney are authorized to make minor revisions to the application as may be deemed necessary and proper for the best interests of the City. Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6. That this Resolution shall be effective 10 days after passage. 2 RESOLUTION #2024- PASSED ANDADOPTED on A `2F024. Motion by l G►'} )0 l S second by V,ii maw FINAL VOTE ON ADOPTION: Unanimous Yes No Commissioner Joyce L. Davis Commissioner Tamara James Commissioner Marco Salvino Vice Mayor Lori Lewellen Mayor Archibald J. Ryan IV 7' .. CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: tCE B TSIS AT OItNEY milk RESOLUTION #2024-QQQ1 Exhibit "A" RESOLUTION #2024- D 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 the City of Dania Beach, its successors and assigns ("Partner") (collectively referred to as the "Parties"). RECITALS A. County -wide consumptive use water demands are projected to increase by as much as forty-five million (45,000,000) gallons per day by the year 2040 based on South Florida Water Management District's 2018 Lower East Coast Water Supply Plan Update projections for public water supply raw water demands. B. The county -wide Integrated Water Resource Plan seeks to optimize the beneficial uses of local water resources by making our water resources go further. C. 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. D. The Task Force recognized that water conservation and incentive programs offer the lowest cost means of generating the additional water needed to meet the region's projected water demands. E. Since its formation in 2011, the Broward Water Partnership (aka Conservation Pays") and the regional Water Conservation Incentives Program have experienced many successes, and therefore the Parties desire to enter into this Agreement in furtherance of shared water conservation goals, regional water conservation strategies, and conservation activities reflected in consumptive use permit requirements. 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. The Board of County Commissioners of Broward County, Florida. 1.2. Contract Administrator. Director of the Broward County Natural Resources 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 and Exhibit A. ILA for Water Conservation Incentives Program Agreement Page 1 of 17 ARTICLE 2. SCOPE OF SERVICES 2.1. Scope of Services. The Parties shall perform all work specified in this Agreement including the work specified in Exhibit A ("Scope of Services"). Unless stated otherwise in this Agreement, the work required of the Parties 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 any Party's performance impractical, illogical, or unconscionable. ARTICLE 3. FINANCIAL CONTRIBUTION 3.1 County agrees to provide a maximum amount not to exceed one hundred twenty-five thousand dollars ($125,000.00) annually towards meeting all obligations amongst the Parties and other partners participating in the Conservation Pays program as outlined in Exhibit A. 3.2 Partner agrees to pay the maximum amounts not to exceed the amounts described in Exhibit B, including i) an annual base cost for media outreach and administration of fifteen thousand five hundred thirty-six dollars and 50/100 ($15,536.50), subject to an annual cost -of -living adjustment of three percent (3%) in Year 2 of the Agreement, and ii) reimbursement of incentives/rebates costs actually incurred by County. 3.3 County may invoice Partner annually as set forth in Exhibit B. Payment is due no later than forty-five (45) days from invoice. Payment shall be made to County at: Broward County Board of County Commissioners Director, Natural Resources Division 115 South Andrews Avenue, Room 329-H Fort Lauderdale, Florida 33301 ARTICLE 4. TERM AND TIME OF AGREEMENT 4.1 Term. The term of this Agreement shall begin on October 1, 2024 (the "Effective Date"). The term of the Agreement shall be for a period of two years (2) years from the Effective Date. 4.2 Extensions. No extensions of this Agreement are anticipated. If the 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 Party's fiscal year shall be subject to both the appropriation and the availability of funds, in accordance with Chapters 129 and 166, Florida Statutes. ILA for Water Conservation Incentives Program Agreement Page 2 of 17 4.4 Force and Effect. All duties, obligations, and responsibilities of the Parties 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 Partners is provided pursuant to the Notices provision. 4.5 Time of the Essence. Time is of the essence for all performance required under this Agreement ARTICLE S. TERMINATION 5.1. 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 receipt of written notice from the aggrieved Party identifying the breach. This Agreement may also be terminated for convenience by the Board. Termination for convenience by the Board shall be effective on the termination date stated in written notice provided by County, which termination date shall be not less than thirty (30) days after the date of such written notice. Unless otherwise stated in this Agreement, if this Agreement was approved by Board action, termination for cause by County must be by action of the Board or the County Administrator; in all other instances termination for cause may be effected by the County Administrator, the County representative expressly authorized under this Agreement, or the County representative (including any successor) who executed the Agreement on behalf of County. This Agreement may also be terminated by the County Administrator upon such notice as the County Administrator deems appropriate under the circumstances if the County Administrator determines that termination is necessary to protect the public health, safety, or welfare. If County erroneously, improperly, or unjustifiably terminates for cause, such termination shall be deemed a termination for convenience and shall be effective thirty (30) days after such notice of termination for cause was provided. 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 County Administrator which County 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. ILA for Water Conservation Incentives Program Agreement Page 3 of 17 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 Partner's election to terminate, County shall refrain from performing further services or incurring additional expenses under the terms of this Agreement. Partner acknowledges that it has received good, valuable, and sufficient consideration for County's right to terminate this Agreement for convenience in the form of County's obligation to provide advance notice to Partner of such termination in accordance with Section. ARTICLE 6. GOVERNMENTAL IMMUNITY AND LIABILITY PROTECTION 6.1 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. 6.2 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 7. MISCELLANEOUS 7.1 Contract Administrator Authority. The Contract Administrator is authorized to coordinate and communicate with Partner and Consultants to manage and supervise the performance of this Agreement. Unless expressly stated otherwise in this Agreement or otherwise set forth in an applicable provision of the Broward County Procurement Code, Broward County Code of Ordinances, or Broward County Administrative Code, the Contract Administrator may exercise any ministerial authority in connection with the day-to-day management of this Agreement. The Contract Administrator may approve in writing minor modifications to the Scope of Services provided that such modifications do not increase the total cost to County or waive any rights of County. 7.2 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. 7.3 Public Records. Notwithstanding any other provision in this Agreement, any action taken by the Parties in compliance with, or in a good faith attempt to comply with, the requirements of Chapter 119, Florida Statutes, shall not constitute a breach of this Agreement. To the extent either Party is acting on behalf of the other as stated in Section 119.0701, Florida Statutes, each Party shall: 7.3.1. Keep and maintain public records required to perform the Services; ILA for Water Conservation Incentives Program Agreement Page 4 of 17 7.3.2. Upon request, provide the other Party with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed that provided in Chapter 119, Florida Statutes, or as otherwise provided by law; 7.3.3. Ensure that public records that are exempt or confidential and exempt from public record requirements are not disclosed except as authorized by law for the duration of this Agreement and following completion or termination of this Agreement; and 7.3.4. Upon expiration or termination of this Agreement, each Party shall keep and maintain all public records related to this Agreement, except as required to comply with paragraph 7.3.3., and shall destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to County upon request in a format that is compatible with the information technology systems of County. Any material a Party contends constitutes or contains trade secrets or is otherwise exempt from production under Florida public records laws (including Chapter 119, Florida Statutes) ("Trade Secret Materials") must be separately submitted and conspicuously labeled "EXEMPT FROM PUBLIC RECORD PRODUCTION —TRADE SECRET." In addition, the Party providing the material must, simultaneous with the submission of any Trade Secret Materials, provide a sworn affidavit from a person with personal knowledge attesting that the Trade Secret Materials constitute trade secrets under Section 812.081, Florida Statutes, and stating the factual basis for same. If a third party submits a request to either Party for records designated as Trade Secret Materials, that Party shall refrain from disclosing the Trade Secret Materials, unless otherwise ordered by a court of competent jurisdiction or authorized in writing by the Party claiming the exemption. Neither Party waives any defense of sovereign immunity or increases the limits of its liability by entering into this Agreement, and each Party shall be liable for its own negligence and does not assume any liability for the other Party's negligence relating to the nondisclosure of any Trade Secret Materials in response to a records request by a third party. IF PARTNER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO PARTNER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (954) 519-1281, VBALTA@BROWARD.ORG, 115 S. ANDREWS AVE., SUITE 329H, FORT LAUDERDALE, FLORIDA 33301. 7.4 Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm's-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material term of this Agreement. Neither Party's failure to enforce any provision of this Agreement shall be ILA for Water Conservation incentives Program Agreement Page 5 of 17 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 this Agreement. To be effective, any waiver must be in writing signed by an authorized signatory of the Party granting the waiver. 7.5 Notices. Unless otherwise stated herein, for 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 email, to the addresses listed below and shall be effective upon mailing or hand delivery (provided the contemporaneous email is also sent). Addresses may be changed by the applicable Party giving notice of such change in accordance with this section. NOTICE TO COUNTY: Natural Resources Division Attn: Vanessa Balta 115 South Andrews Avenue, Room 329H Fort Lauderdale, Florida 33301 Email address: vbalta@broward.org With copy to: Broward County Administrator 115 South Andrews Avenue, Suite 409 Fort Lauderdale, Florida 33301 Email address: mcepero@broward.org NOTICE TO PARTNER: City of Dania Beach 7.6 Compliance with Laws. Each Party and each Party's services shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations under this Agreement. 7.7 Third Party Beneficiaries. Neither Party intends to primarily or directly 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. 7.8 Severability. If 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. ILA for Water Conservation Incentives Program Agreement Page 6 of 17 7.9 Joint Preparation. This Agreement has been jointly prepared by the Parties hereto and shall not be construed more strictly against either Party. 7.10 Priority of Provisions. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any document or exhibit attached to, referenced by, or incorporated in this Agreement and any provision within an article or section of this Agreement, the article or section shall prevail and be given effect. 7.11 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. All personal pronouns used in this Agreement shall include any other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein" 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 subsections thereof, 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. Any reference to approval by a Party shall require approval in writing, unless otherwise expressly stated. 7.12 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 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 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. EACH PARTY HEREBY EXPRESSLY WAIVES ANY RIGHTS IT MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. 7.13 Amendments. Unless expressly authorized herein, no modification, amendment, or alteration of any portion of this Agreement is effective unless contained in a written document executed with the same or similar formality as this Agreement and by duly authorized representatives of County and Partner. 7.14 Prior Agreements. This Agreement represents the final and complete understanding of the Parties regarding the subject matter of this Agreement and supersedes all prior and contemporaneous negotiations and discussions regarding same. All commitments, agreements, and understandings of the Parties concerning the subject matter of this Agreement are contained herein. ILA for Water Conservation Incentives Program Agreement Page 7 of 17 7.15 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. 7.16 Representation of Authority. The Parties represent and warrant that this Agreement constitutes the legal, valid, binding, and enforceable obligations of the Parties, and that neither the execution nor performance of this Agreement constitutes a breach of any agreement that the Parties have with any third party or violates federal, state, or local law. The Parties further represent and warrant that execution of this Agreement is within each Party's legal powers, and each individual executing this Agreement on behalf of each Party is duly authorized by all necessary and appropriate action to do so on behalf of each Party and does so with full legal authority. 7.17 Verification of Employment Eligibility. The Parties represent that each Party has registered with and uses the E-Verify system maintained by the United States Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 448.095, Florida Statutes, and that entry into this Agreement will not violate that statute. If either Party violates this section, either Party may immediately terminate this Agreement for cause. 7.18 Prohibited Telecommunications Equipment. The Parties represent and certify that each Party and any subcontractor does not use any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, as such terms are used in 48 CFR §§ 52.204-24 through 52.204-26. The Parties represent and certify that each Party and all subcontractors shall not provide or use such covered telecommunications equipment, system, or services during the Term. 7.19 Entities of Foreign Concern. The provisions of this section apply only if the Parties or any subcontractor will have access to an individual's personal identifying information under this Agreement. Each Party represents and certifies: (i) it is not owned by the government of a foreign country of concern; (ii) the government of a foreign country of concern does not have a controlling interest in it; and (iii) it is not organized under the laws of and does not have its principal place of business in, a foreign country of concern. On or before the Effective Date, each Party that will have access to personal identifying information shall submit to each other Party executed affidavit(s) under penalty of perjury, in a form approved by County attesting that it does not meet any of the criteria in Section 287.138(2), Florida Statutes. Compliance with the requirements of this section is included in the requirements of a proper invoice for purposes of Section 3.3. Terms used in this section that are not otherwise defined in this Agreement shall have the meanings ascribed to such terms in Section 287.138, Florida Statutes. 7.20 Polystyrene Food Service Articles. Partner shall not sell or provide for use on County property expanded polystyrene products or food service articles (e.g., Styrofoam), ILA for Water Conservation Incentives Program Agreement Page 8 of 17 unencapsulated expanded polystyrene products, or single -use plastic straws or stirrers, as set forth in more detail in Section 27.173, Broward County Administrative Code. 7.21 Force Majeure. If the performance of this Agreement, or any obligation hereunder, is prevented by reason of hurricane, earthquake, or other casualty caused by nature, epidemic, pandemic, or other public health emergency, or by labor strike, war, or by a law, order, proclamation, regulation, ordinance of any governmental agency (collectively, "Force Majeure Event"), 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 affected Party 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 writing and rr, that, if hereunder whenever such causes are removed, provided, such inability to perform due to the Force Majeure Event exceeds sixty (60) consecutive days, the Party that was not prevented from performance by the Force Majeure Event has 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 either Party may otherwise have to terminate this Agreement. 7.22 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. 7.23 Use of County or Partner Logos. The Parties may use each Party's name, logo, or otherwise refer to this Agreement in any marketing or publicity materials to complete the Scope of Services and implement Conservation Pays. Pursuant to Section 21-1, Broward County Code of Ordinances, Partner must obtain separate prior written consent of County for any other use of County's name or logo. 7.24 Independent Contractors. The Parties are independent contractors, and nothing in this Agreement shall constitute or create a legal entity, partnership, joint venture, or any other relationship between the Parties. In providing Services, neither Party nor their agents shall act as officers, employees, or agents of the other. Neither Party shall have the right to bind the other Party to any obligation not expressly undertaken by this Agreement. 7.25 Regulatory Capacity. Notwithstanding the fact that County is a political subdivision with certain regulatory authority, County's performance under this Agreement is as a Party to this Agreement and not in its regulatory capacity. If County exercises its regulatory authority, the exercise of such authority and the enforcement of any rules, regulation, laws, and ordinances shall have occurred pursuant to County's regulatory authority as a governmental body separate and apart from this Agreement and shall not be attributable in any manner to County as a Party to this Agreement. ILA for Water Conservation Incentives Program Agreement Page 9 of 17 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 d through of its 2024, and Partner, signing by an duly authorized to execute same. ATTEST: Broward County Administrator, as Ex-officio Clerk of the Broward County Board of County Commissioners JDB\gmb Dania Beach RENEWAL ConservationPays ILA.docx 04/12/2024 #60057 COUNTY BROWARD COUNTY, by and through its Board of County Commissioners By: 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. Jennifer D. Brown (Date) Assistant County Attorney By. Michael C. Owens (Date) Senior County Attorney ILA for Water Conservation Incentives Program Agreement Page 10 of 17 INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH TO PROVIDE COST SHARE SUPPORT OF A WATER CONSERVATION INCENTIVES PROGRAM ATTEST: ELORA RIERA, MMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS EVE A. BOUTSIS CITY ATTORNEY CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation ARCHIBALD J. RYAN IV MAYOR ANA M. GARCIA, ICMA-CM CITY MANAGER ILA for Water Conservation Incentives Program Agreement Page 11 of 17 EXHIBIT A SCOPE OF SERVICES 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 South Florida Water Management District (SFWMD) adopted the Lower East Coast ("LEC") Regional Water Availability Rule ("LEC Rule") to ensure the preservation of regional water resources to support Everglades restoration. The LEC Rule limits future withdrawals from the Lower East Coast Waterbodies and the regional conveyance system. Biscayne aquifer withdrawals are limited if those withdrawals would induce seepage from the LEC Waterbodies or conveyance system. The Biscayne aquifer is currently our primary source of drinking water. Therefore, the County and its Partners must develop alternative water supplies to meet growing urban demands for water. Although 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 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, the Broward Water Partnership was formed. Partner entities committed resources to fund a regional rebate and incentives program and agreed to the centralized administration of the program by Broward County's Natural Resources Division. County committed funds for consultant services to aid in program branding, marketing, outreach, and implementation. The program was subsequently branded "Conservation Pays." The objectives of the Conservation Pays Program ("Program") are to encourage 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 replacement of low efficiency plumbing fixtures with high efficiency models. There are two (2) principal components to the Program: ILA for Water Conservation Incentives Program Agreement Page 12 of 17 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. Incentives and rebates will be provided for such retrofitting to include high efficiency toilets, pre -rinse spray valves, faucets, aerators, and showerheads or other mutually agreed upon combination of water -saving fixtures of equal value. 2. PROGRAM DESCRIPTION The Program is a County -coordinated program with municipal and utility partners and uniform branding that distinguishes this collaborative Program. Year-round messaging promotes water conservation, which 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 two thousand (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 first two(2) five-year periods. The scope of work in Section 3, below, details the Program elements, obligations, and commitments of the Parties in the delivery of the water conservation and incentives program within Partner's jurisdiction. This scope of work covers two (2) years of Program implementation. The County will 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: i) 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 ii) an education and outreach approach aimed at championing the overall need to conserve water. The overall effort will be coordinated by the County, but Partner participation is required for complete Program implementation. 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. County will provide overall administration of the Agreement, including financial and annual reporting. County will coordinate at least one (1) meeting annually with Partner to present the Program's annual achievements, review administrative or logistical Program issues, and consider ILA for Water Conservation Incentives Program Agreement Page 13 of 17 new promotions and opportunities for improvement. County will provide reports to Partner 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. It will include a comparison of planned vs. implemented measures, communications tools, marketing efforts (including media buys), an analysis of marketing efforts relative to rebate activities, a report on leveraged funds, a summary of Program awards, identification of Program needs, and opportunities, and recommendations going forward. The report will also address any unanticipated delays and issues that necessitate modification of the Program. County shall provide the Annual Report within one (1) 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. 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 Partner to complete the following tasks, including, but not limited to: develop and maintain Program branding and 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. Task 3 Manage and promote media campaign for water conservation outreach and Program marketing. County and its consultant will develop and promote an annual media campaign designed to: i) impart water conservation messages to residents (brochures, website, etc.); ii) identify opportunities to distribute water - saving information and Program promotional materials to communities, businesses, schools, and other venues of interest; iii) and develop and deliver educational materials on the need to conserve water and ways to save water to residents and businesses through various media. Residents, employees, businesses, homeowner associations, and other organizations that include utility customers are the 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 ILA for Water Conservation Incentives Program Agreement Page 14 of 17 industry, and fixture vendors. opportunities to highlight results and publicize successes will be identified to Partner by County. Task Communications coordination. County will work with Partner to ensure coordination 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 Partner. A detailed list of preferred educational resources will be generated and posted on the Program's main website. Partner will share the Program materials and preferred educational resources within its service area and with its residents and businesses. Task 5 Rebate and incentives program. County will coordinate with device vendors to: i) promote the program and eligible devices; ii) manage and process rebates; iii) coordinate the purchase of conservation devices for exchange and giveaway; iv) coordinate with Partner to identify appropriate points of distribution; v) promote both residential and commercial opportunities; vi) provide for full accounting/tracking; and vii) provide additional outreach/promotion where demand may be less than availability. 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. Task 6 Development of an awards/recognition program. County will coordinate with Partner to develop and maintain 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. County will 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, County will solicit support from sponsors through the County's Advantage Marketing program. PARTNER(S) RESPONSIBILITIES Task 8 Participate in coordination meetings. Partner will participate in coordination meetings and provide timely review and feedback on any Program products or ILA for Water Conservation Incentives Program Agreement Page 15 of 17 deliverables. Partner will identify a designated point of Partner contact. Partner will assist in refining Program elements and expenditure priorities, as needed; develop and maintain controls and measures of success for the Program; and provide final oversight of Program operations within the Partner's jurisdiction. Task 9 Promotion. Partner will work with County to identify points of distribution and promotional outlets available to Partner to promote the Program and services within 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 County's services will be provided by Partner according to Exhibit B, Payment Schedule. Participating entities will not front the cost of individual rebates or devices but will be invoiced by the County in accordance with Article 3 for actual rebates and/or devices issued within their service areas within a given year. This Agreement includes a 2-year term for Program delivery. ILA for Water Conservation Incentives Program Agreement Page 16 of 17 EXHIBIT B PAYMENT SCHEDULE City of Dania Beach 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 appropriations. If 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. Annual invoices shall be issued by August 20tn County must receive payment by no later than September 30th. Partner will not front the cost of individual rebates and devices. Instead, County will invoice Partner up to the maximum not to exceed costs exhibited in the chart below for actual rebates and devices issued within Partner's service area within a given year. Year Incentives/ rebates cost Media Outreach/ Administration cost Maximum Not to Exceed Partner's Cost Invoice submitted by: 1 $ 4,992.00 $ 15,536.50 $ 20,528.50 August 20, 2025 2 $ 4,992.00 $ 16,002.59 $ 20,994.59 August 20, 2026 ILA for Water Conservation Incentives Program Agreement Page 17 of 17