Broward County Commission Regular Meeting
Director's Name: Leonard Vialpando
Department: Resilient Environment Division: Natural Resources Division
Information
Requested Action
title
A. MOTION TO APPROVE Grant Agreement No. 4600004823 between Broward County and the South Florida Water Management District (SFWMD) providing cost-share funding for the Broward Regional Water Conservation and Incentives Program and reimbursing Broward County for rebates issued through the Conservation Pays toilet rebate program, inclusive of a retroactive reimbursement period from October 1, 2022, to October 31, 2024, and a grant value of $50,000 and matching cost share in the amount of $50,000 for a total project amount of $100,000; authorize the Mayor and Clerk to execute the same; authorize the County Administrator to execute amendments to the Grant Agreement, subject to review for legal sufficiency by the Office of the County Attorney, that do not impose additional financial obligations on the County; and authorize the County Administrator to take all necessary administrative and budgetary actions to implement the Grant Agreement.
ACTION: (T-10:35 AM) Approved.
VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present.
B. MOTION TO ADOPT budget Resolution in the amount of $100,000 within the Natural Resources Division’s State Grants Fund to appropriate the $50,000 SFWMD grant, matching the $50,000 Broward Water Partnership cost share amount, for the purpose of reimbursing Broward County for rebates issued through the Conservation Pays toilet rebate program.
ACTION: (T-10:35 AM) Approved Resolution No. 2023-492.
VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present.
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Why Action is Necessary
Motion A. In accordance with Broward County Administrative Code 20.31, action by the Broward County Board of County Commissioners is necessary to execute the Grant Agreement and delegate authority to the County Administrator. Approval, inclusive of retroactive reimbursement period, is included because the grant agreement was not received until August 2023.
Motion B. County Commission approval is necessary to receive and appropriate grant funds, unanticipated revenues, and the Broward Water Partnership cost share amount.
What Action Accomplishes
Motion A. This action allows the County to receive grant funds, inclusive of retroactive reimbursement period, that will support the implementation of the Broward Regional Water Conservation and Incentives Program and issuance of toilet rebates through the Broward Water Partnership.
Motion B. Recognizes and appropriates grant funding provided by SFWMD in support of the Broward Regional Water Conservation and Incentives Program and the Broward Water Partnership cost share amount.
Goal Related Icon(s)
☒County Commission
☒Go Green
☐MAP Broward
Previous Action Taken
None taken.
Summary Explanation/Background
THE RESILIENT ENVIRONMENT DEPARTMENT AND NATURAL RESOURCES DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTIONS.
This item supports the County Commission’s Goal of Resilient Community of, “ensuring accessible, seamlessly integrated investments in renewable energy, sustainable practices, manufacturing, resilient infrastructure, and environmental protection.”
This item provides Broward County with grant funds as cost-share support from the South Florida Water Management District (SFWMD) to promote the county-wide water conservation and incentives program for Fiscal Year 2023 and 2024. Support for this item provides for continued implementation of the Broward Regional Water Conservation and Incentives Program. The program is being administered by the Natural Resources Division, in collaboration with municipal and water utility program partners, with cost-share reimbursement to the County for program and administrative services provided. This item will provide for additional rebates to be offered within the program partners water utility service areas, per interlocal agreements approved by the Board on November 4, 2021 (Item 19). Through the Broward Water Partnership, the Conservation Pays program has provided over 25,000 rebates since 2011 for the replacement of older, inefficient toilets with high efficiency models.
Because the County is a recipient of funds from SFWMD under this Grant Agreement, the County's standard terms are not included. Specifically, this Grant Agreement provides that: (i) SFWMD has the authority to cancel the agreement or reduce the funding under specified circumstances; (ii) a breach by the County could jeopardize future funding; (iii) only SFWMD (and not the County) has the ability to terminate for convenience; (iv) requires non-binding mediation for dispute resolution; and (v) the exclusive venue for any dispute(s) arising out of or related to this Agreement shall be in a court of competent jurisdiction located in Palm Beach County, Florida. This Grant Agreement has been reviewed for legal sufficiency by the Office of the County Attorney, subject to the disclosure of the above-stated non-standard provisions. The Office of Management and Budget Grant Section have also reviewed and approved this Grant Agreement.
Source of Additional Information
Monica Pognon, Director, Natural Resources Division, (954) 519-1476.
Fiscal Impact
Fiscal Impact/Cost Summary
This agreement provides Broward County with $50,000 in grant funding from the SFWMD for rebates to be delivered as a part of the Water Conservation Incentive Program on behalf of 15 program partners who provide cooperative funding for the Program. The Broward Water Partnership partners will contribute equal matching funds of $50,000. No additional funds will be required from the County.