Broward County Commission Regular Meeting
Director's Name: Leonard Vialpando
Department: Public Works and Environmental Services
Division: Administration
Information
Requested Action
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A. MOTION TO APPROVE Second Amendment to Agreement between the Institute for Sustainable Communities (ISC) and Broward County for staffing and support services for the Southeast Florida Regional Climate Change Compact (Exhibit 1), contingent upon full execution of the Second Amendment to the Interlocal Agreement referenced in Motion B, to reduce the term of the Agreement and to decrease and establish the amount that paid to the ISC during the reduced term; and authorize the County Administrator, subject to review and approval for legal sufficiency by the County Attorney’s Office, to execute future amendments to the Agreement that do not impose additional financial obligations or legal risk on the County; and to authorize the County Administrator to take all necessary administrative and budgetary actions to implement the Second Amendment.
B. MOTION TO AUTHORIZE County Administrator to approve and execute Second Amendment to the Interlocal Agreement among the County, Miami-Dade, Monroe, and Palm Beach County (“Partner Counties”) for cost share support of services for the Southeast Florida Regional Climate Change Compact, to reduce the term of the agreement and to decrease the amount that each Partner County will pay during the reduced term, in substantially the form of Exhibit 2, provided any modifications do not impose any additional, material financial or legal risk on the County and subject to review and approval as to legal sufficiency by the County Attorney’s Office; to authorize the County Administrator, subject to review and approval for legal sufficiency by the County Attorney’s Office, to execute future amendments to the agreement that do not impose additional financial obligations or legal risk on the County; and to authorize the County Administrator to take all necessary administrative and budgetary actions to implement the Second Amendment.
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Why Action is Necessary
In accordance with the Broward County Procurement Code, Section 21.47 (a), approval by the Board of County Commissioners is necessary for any agreements with a value of more than $500,000.
Pursuant to Section 163.01, Florida Statutes, approval by the Board of County Commissioners is necessary to approve interlocal agreements between Broward County and other government entities.
What Action Accomplishes
Motion A. Approves an amended annual amount of $245,000 (a decrease from $400,000) for the remaining one-year term (Fiscal Year ‘26) for the Agreement between Broward County and ISC and modifies the monetary contributions made by each Partner County.
Motion B. Authorizes the County Administrator to approve and execute Second Amendment to the Interlocal Agreement between the Partner Counties for a one-year term and modifies terms and conditions of the partnership.
Goal Related Icon(s)
☒County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
None taken.
Summary Explanation/Background
THE PUBLIC WORKS AND ENVIRONMENTAL SERVICES DEPARTMENT RECOMMENDS APPROVAL OF THE ABOVE MOTIONS.
This item supports the County Commission’s Value of Collaborates, “building partnerships and working collaboratively with others to meet shared objectives,” and the County Commission’s Goal of Resilient Community, “ensuring accessible, seamlessly integrated investments in renewable energy, sustainable practices, manufacturing, resilient infrastructure, and environmental protection;” through continued support for collaboration and advancement of shared efforts as part of the Southeast Regional Climate Change Compact (“Compact”).
The Compact was formally ratified in early 2010 through joint actions by the Broward, Palm Beach, Miami-Dade, and Monroe County Commissions (“Partner Counties”) as a voluntary collaboration focused on addressing shared climate challenges. In the first years of the Compact, the partner counties were able to secure program administration support via the Institute of Sustainable Communities (“ISC”) with funding provided under a grant with the Kresge Foundation, secured by the ISC.
As grant dollars were incrementally reduced, the Partner Counties each committed to provide cost share funding to maintain the programmatic support of the ISC. The County agreed to serve as the fiscal agent for the Compact, with the County to manage the contract services agreement with ISC and the Interlocal Agreement with each of the Partner Counties, to include annual invoicing for each partner’s respective cost share.
The initial Interlocal Agreement formalizing this collaboration was approved by the Board on June 7, 2016 (Agenda Item No. 34) along with approval of the companion agreement between Broward County and ISC. A subsequent two-year agreement with ISC was approved by the Board on January 10, 2017 (Agenda Item No. 12), followed by a three-year continuation agreement approved on March 20, 2018 (Agenda Item No. 17). A First Amendment to the Interlocal Agreement and the Agreement with ISC was approved by the Board on March 10, 2020 (Agenda Item No. 27), which increased the annual contribution amount from each of the Partner Counties and to ISC.
On January 12, 2021, (Agenda Item No. 18) the Board approved a new three-year Interlocal Agreement and companion Agreement with ISC, providing for the continuation of cost share support and ISC services for Fiscal Years 2021-2024, respectively. Most recently, on September 7, 2023 (Agenda Item No. 23), the Board approved a continuation of the three-year Interlocal Agreement and companion Agreement with ISC through January 31, 2027.
Since the execution of the First Amendment, the Partner Counties have collectively experienced budgeting challenges and will no longer be able to contribute the amounts specified in the Interlocal Agreement. In response the Partner Counties have coordinated with ISC to adjust the services rendered by ISC through the ISC Agreement and the amount to be paid by the Parties. These items present capture these negotiated changes.
Motion A.
Approval of this Amendment maintains the continued engagement of the ISC in serving as program administrator for Compact activities but under a reduced scope of services and at a reduced cost. The annual contract amount for the remaining one-year term under the current agreement is reduced from $400,000 year to $245,000. The item further renews the arrangement under which Broward County acts on behalf of all the Partner Counties in contracting with ISC for these services and recognizes the revenues to be collected from the Partner Counties under the ILA, as amended. Motion A is contingent upon complete execution of the Second Amendment referenced in Motion B.
Motion B.
This Second Amendment to the ILA among the Partner Counties will reduce the cost share provided by the individual counties consistent with the adjustment to service to be rendered by ISC pursuant to the amendment referenced in Motion A. The Compact’s ongoing success and need for continued funding to support ISC’s role in project management and administration are the bases for the amendments, with Palm Beach, Miami-Dade, and Broward Counties to each contribute $80,000 per year and Monroe County to contribute $5,000 for Fiscal Year 2026.
The agreements are being amended (i) to revise the services to be rendered by ISC; (ii) to amend the Term to terminate at 11:59pm on September 30, 2026; (iii) to revise the amount paid to ISC during the term; and (iv) to make other necessary housekeeping amendments.
Partner Counties were already planning to reduce the scope of services, total costs, and cost share as part of the next three-year term of services. However, current budgetary circumstances necessitated more immediate action in the remaining year of the current contract term. The Partner Counties expect to coordinate in this next year to review and finalize a modified scope of services and ILA for the next three-year term commencing October 1, 2026.
The Partner Counties will each present the amendments to their respective Boards. As such, Motion B includes authority for the County Administrator to approve any required modifications to the ILA amendment, provided such modifications do not impose any additional, material financial or legal risk on the County, and subject to review and approval as to legal sufficiency by the Office of the County Attorney.
Source of Additional Information
Dr. Jennifer Jurado, Chief Resilience Officer and Deputy Director, Public Works and Environmental Services Department, (954) 519-1464.
Fiscal Impact
Fiscal Impact/Cost Summary
This action will result in a cost savings of $20,000 to the General Fund, since the transfer will be reduced. The lower contract costs will also reduce both expected partner reimbursements (revenues) and expenditures by $135,000, resulting in a reduction to the Natural Resources Division’s Contract Fund for Fiscal Year 2026, the associated budgetary actions are included in the Fiscal Year 26 first budget amendment for Board consideration.