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. TV025 between the Florida Department of Environmental Protection (FDEP) and the Broward County Board of County Commissioners, to provide funding for the Title V Air Quality Permitting program in the amount of $165,703, inclusive of a partially retroactive reimbursement period for services from July 1, 2023, to June 30, 2025; and authorize the County Administrator to execute the Grant Agreement and take all necessary administrative and budgetary actions to implement the grant and allocate and implement subsequent partial awards.
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 within the Pollution Prevention Fund for the first year of the grant in the amount of $81,224 for the purpose of recognizing Title V funds received from FDEP.
ACTION: (T-10:35 AM) Approved Resolution No. 2023-491.
VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present.
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Why Action is Necessary
Section 125.01(2)(p), Florida Statutes authorizes the Board to enter into agreements with other governmental agencies. Board action is required for Agreement approval to accept the Grant Agreement, and to recognize the award within the Natural Resources Division’s budget.
What Action Accomplishes
This action provides funding for air quality program support in Broward County and allows for the appropriation of this funding.
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 Value of building partnerships and working collaboratively with others to meet shared objectives; and the Goal of ensuring accessible, seamlessly integrated investments in renewable energy, sustainable practices, manufacturing, resilient infrastructure, and environmental protection.
The Air Quality Program is a federal and state approved local air quality program responsible for protecting and improving air quality in Broward County, in accordance with state and federal regulations. FDEP Grant Agreement No. TV025 (Exhibit 1) provides funding to continue the Federal Clean Air Act Title V Air Quality Permitting Program in Broward County. The purpose of the Title V program is to reduce violations of air pollution laws by permitting, conducting compliance inspections and enforcement. This Agreement provides $165,703 between July 1, 2023, and June 30, 2025. Under this action, the Budget Resolution for $81,224 (Exhibit 2) is being accepted. Approval, inclusive of retroactive reimbursement period, is being requested as the agreement was received from the State on October 9, 2023.
Motion A accepts Grant Agreement TV025 from July 1, 2023, through June 30, 2025, with a retroactive reimbursement period for services rendered between July 1, 2023, through full execution by Broward County and the FDEP. The retroactive reimbursement period is included because the grant award was not received from FDEP until October 9, 2023 (Exhibit 1).
Motion B adopts a budget Resolution for the award under this Agreement in the amount of $81,224 (Exhibit 2).
This Agreement is a state agency form agreement and does not include the County’s standard agreement terms. The following is a list of disclosures:
The County is receiving state funds generated by an annual state fee on the emissions from each major source of air pollution within Florida.
The County’s reimbursable services and deliverables are subject to the Florida Single Audit Act, including submissions and auditing of all state funding received by Broward County.
FDEP can withhold payment or reduce payment for nonperformance or missing deadlines for performance. The Agreement includes notice of defaults in performance and opportunity to cure, as well as a force majeure provision regarding delays in services.
FDEP can terminate the agreement for cause or convenience or suspend reimbursable services.
The Agreement requires the County to maintain certain insurance coverages for term of the Agreement and provides for a self-insured authorization in lieu of certificates of insurance.
Each party agrees to be solely responsible for the negligent or wrongful acts of its employees and agents without waiving sovereign immunity or the provisions of Section 768.28, Florida Statutes.
FDEP’s liability is limited to compensatory damages no greater than the sum due for unreimbursed services performed, with a cap of $100,000.
Florida law applies to the Agreement and venue is in the Second Judicial District in Leon County, Florida.
This Grant Agreement was approved as to form by the Office of the County Attorney and the Office of Management and Budget Grant Section.
Source of Additional Information
Monica Pognon, Director, Natural Resources Division, (954) 519-1476.
Fiscal Impact
Fiscal Impact/Cost Summary
This is a two-year grant Agreement. For the period of July 1, 2023, to June 30, 2024, the County receives $81,224 to perform Title V Air Quality Permitting in Broward County. For the period of July 1, 2024, to June 30, 2025, the County receives $84,479, for a total grant award of $165,703. There is no cost-share or match required for this Agreement.