Broward County Commission Regular Meeting
Director's Name: Trevor M. A. Fisher
Department: Public Works Division: Water & Wastewater Business Operations
Information
Requested Action
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MOTION TO APPROVE Grant Agreement between Broward County and the South Florida Water Management District to reimburse Broward County for costs up to $25,500 related to the Water and Wastewater Services Toilet Replacement Credit Program, with a retroactive term commencing on October 1, 2022, and ending on October 31, 2024; authorizing the Mayor and Clerk to execute same; and authorizing the County Administrator to take all necessary administrative and budgetary actions related to the Grant Agreement. (Commission Districts 2, 4, 5, 6, 7, 8 and 9)
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Why Action is Necessary
Board approval is required to enter into the Grant Agreement, which reimburses Broward County for credits provided to WWS residential customers who install a new, high efficiency toilet.
What Action Accomplishes
Approves the Grant Agreement to reimburse Broward County for a portion of the cost of the WWS Toilet Replacement Credit Program.
Goal Related Icon(s)
☒County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
None.
Summary Explanation/Background
PUBLIC WORKS DEPARTMENT/WATER AND WASTEWATER SERVICES RECOMMENDS APPROVAL OF THE ABOVE MOTION.
Approval of this item supports the Commission Value of "Encouraging investments in renewable energy, sustainable practices and environmental protection” and goals to 1) seek funding for, implement policies and pursue projects promoting, the use of alternative energy, resource conservation, sustainable practices and environmental protection; and 2) increase water quality protection efforts and lead creative approaches to water storage and aquifer recharge, as well as diversification of water supplies, regionally with the receipt of cost-share funding to further county-wide water conservation efforts.
According to the United States Environmental Protection Agency (EPA), toilets utilize the most water in homes, accounting for nearly 30% of residential indoor water use. Inefficient or leaking toilets also contribute to high water usage. The EPA established standards for low flow, high efficiency toilets and created the WaterSense® designation for toilets that meet its criterion of 1.28 gallons per flush. Toilets with the WaterSense® designation are available at most local home improvement stores.
On August 4, 2009 (Item No. 40), the Board of County Commissioners approved the Toilet Replacement Credit Program (Program) for Broward County's Water and Wastewater Services (WWS) residential customers. The Program provides a rebate credit per toilet (limited to two installations per residential unit) through billing statements to WWS residential customers who replace high-volume toilets with new high-efficiency toilets.
On February 6, 2024, (Item No. 4), the Board adopted a resolution pertaining to the WWS Toilet Replacement Credit Program which increased the available credit amount to $125 from $100. If approved, the Grant Agreement (Exhibit 1) will be retroactive to the South Florida Water Management District’s (SFWMD) award date of October 1, 2022, and allow Broward County to be reimbursed for all toilet credits issued since that date as well as future toilet credits applied before the agreement's expiration date of October 31, 2024.
Under the WWS Toilet Credit Program, WWS will provide a $125 credit applied to the bill of a WWS residential water customer who replaces an existing toilet in his/her home with a new USEPA WaterSense ®-certified unit. Each property is limited to two (2) $125 credits per residential premise. Replacing the existing, older, low-efficiency toilet with an USEPA WaterSense®-certified model could save approximately 11,000 to 18,000 gallons per year per household.
WWS Customers must submit a fully completed, signed, and dated application by the person authorized to assume responsibility for WWS residential services and charges for the premise, produce a government photographic identification (ID) of person authorized to apply for the residential account toilet credit and submit verification of purchase and installation of a new USEPA WaterSense®-certified toilet (e.g. copy of dated, paid invoice on vendor or plumber letterhead identifying purchase in full of WaterSense® - certified Toilet(s) units). Toilets with USEPA WaterSense® certification are available at most local home improvement stores.
This Grant Agreement does not include Broward County's standard agreement provisions because the SFWMD requires the use of their standard form agreement. The non-standard terms are as follows:
1) Broward County must indemnify SFWMD for Broward County's (and its employees') wrongful conduct subject to the limits permitted in Florida Law (768.28, Florida Statutes).
2) If indemnified, SFWMD may choose its own counsel at Broward County’s expense.
3) Any litigation stemming from, or relating to, the Grant Agreement must be filed in the 15th Circuit Court (West Palm Beach).
4) SFWMD may terminate the Grant Agreement for convenience upon 30 days’ notice.
As this Grant Agreement solely reimburses funds spent on toilet credit rebates, WWS does not anticipate any legal actions will arise from the implementation of this grant. Rather than lose the grant funding, WWS recommends approval of the Grant Agreement.
Source of Additional Information
Jonathan Allen, Director, WWS Business Operations Division (954) 831-0747
Alan W. Garcia, P.E., Director, Water and Wastewater Services, (954) 831-0702
Trevor M.A. Fisher, P.E., MBA, Director, Public Works Department, (954) 357-6410
Fiscal Impact
Fiscal Impact/Cost Summary
The source of funding is the Water and Wastewater Services Fund and the South Florida Water Management District grant.
Broward County has a Grant Agreement with the South Florida Water Management District which provides cost-sharing for the Broward County Water and Wastewater Services Toilet Replacement Credit Program and reimburses Broward County for program costs. The grant program value is $60,000 ($25,500 from South Florida Water Management District grant and $34,500 County cost share).