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07/16/2014 AgreementAMY NEAVILIN, CPA CLERK OF CIRCUIT COURT & COMPTROLLER cowm, aawoa DATE: August 7, 2014 TO: Roman Gastesi County Administrator ATTN.- Connie Cyr FROM: Lindsey Ballard, D. C. V At the July 16, 2014, Board of County Commissioner's meeting the Board granted approval and authorized execution of Item P11 Enter into an Inter -local Agreement with Broward County as a sub recipient of a Department of Energy grant for development of a solar e- permitting system and to remove planning and zoning barriers to solar permitting. Enclosed is a duplicate original of the above - mentioned for your handling. Should you have any questions, please feel free to contact my office. cc: County Attorney Finance File \/ 500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305 - 295 -3130 Fax. 305 - 295 -3663 3117 Overseas Highway, Marathon, FL 33050 Phone: 305 - 289 -6027 Fax: 305 -289 -6025 88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax. 305- 852 -7146 Return recorded document to Jeffery Halsey, Director PoMulbn Prwom lon, Rernedisdon and Air CAu ty Division 1 North untvarsity Drive Plantation, FL 33324 Document prepared by. Nancy Rubin, Assistant County Attorney Broward County Atto oO Office Owernmeata! Center, Room 423 115 South Andrews Avenue Fat Lauderdale. FL 33301 INTERLOCAL AGREEMENT PURSUANT TO GO SOLAR - FLORIDA BETWEEN BROWARD COUNTY AND MONROE COUNTY This is an Agreement, made and entered into by and between: BROWARD COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," AND MONROE COUNTY, a political subdivision of the State of Florida, 1100 Simonton Street, Suite 2 -205, Key West, Florida 33040, hereinafter referred to as " MONROE" WITNESSETH WHEREAS, this Agreement is entered into pursuant to Section 163.01, Florida Statutes, also known as the "Florlda Interlocai Cooperation Act of 1969 and WHEREAS, COUNTY is the lead organization under the U.S. Department of Energy ( "DOE') Rooftop Solar Challenge Agreement Number DE- FOA- 0000788 ( "RSCII") and the project is entitled Go SOLAR - Florida; and WHEREAS, RSCII and Go SOLAR- Florida are part of a DOE initiative, which strives to make solar energy cast - competitive with other forms of .energy by 2020; and WHEREAS, MONROE is one of the sub - recipients of RSCII; and WHEREAS, COUNTY and MONROE have agreed to work together on Go SOLAR - Florida; and WHEREAS, COUNTY was one (1) of twenty -two (22) regional teams that previously received funding from DOE under the Rooftop Solar Challenge ( "RSCI') ( "Go SOLAR "); and WHEREAS, pursuant to Go SOLAR, COUNTY previously implemented improvements within Broward County to create an online permitting system for rooftop solar photovoltaic systems, and assisted municipalities In zoning, education, and a community -wide outreach campaign (collectively, the ' Broward Online System "); and WHEREAS, through Go SOLAR and the Broward Online System, a comprehensive online permitting system has been developed with partner municipalities for use by applicants and municipal officials for permitting, inspections, and code enforcement; and WHEREAS, Go SOLAR - Florida seeks to expand the type of online permitting process utilized in the Broward Online System within seven (7) counties In Florida, promote the use of solar power generally, and work to eliminate nonstandard and hindering net metering, Interconnection, and zoning policies, procedures, and practices; and WHEREAS, COUNTY, pursuant to Go SOLAR - Florida, will build upon the lessons, tools, and experience developed in Go SOLAR to expand COUNTY s approach on a regional basis, beginning with an additional fifteen (15) jurisdictions, nine (9) additional local municipalities and six (6) county and city jurisdictions in Florida, (Alachua, Miami -Dade, Monroe, Orange, City of Venice (Sarasota County), and St. Lucie) (collectively, the 'Participating Jurisdictions'); and WHEREAS, Go SOLAR - Florida seeks to develop policies and procedures to standardize online permitting and remove planning and zoning barriers (to include historical building and other concerns) within each Participating Jurisdiction, by working with Florida Atlantic University, School of Urban and Regional Planning, and with the Florida Solar Energy Center, a research institute of the University of Central Florida, to provide a single, uniform source of structural and electrical design plans for all Go SOLAR - Florida partners; and WHEREAS, COUNTY and MONROE desire to work together to set up a similar system as the Broward Online System for MONROE, pursuant to the terns and conditions hereafter set forth, NOW, THEREFORE, for and In consideration of the in kind services rendered by MONROE prior to the effective date of this Agreement, and of the mutual terms, conditions, promises, covenants, services, and payments hereinafter set forth, COUNTY and MONROE agree as follows: 2 ARTICLE 1- DEFINITIONS The following definitions apply unless the context In which the word or phrase Is used requires a different definition: 1.1 Agreement - This Agreement Includes Articles 1 through 10 and the exhibits and documents that are expressly incorporated herein by reference. 1.2 Board - The Board of County Commissioners of Broward County, Florida. 1.3 Contract Administrator - The COUNTY Contract Administrator shall be the Project Manager for RSCII, the Go SOLAR - Florida project. The primary responsibilities of the Contract Administrator are to coordinate and communicate with MONROE and to manage and supervise execution and completion of the Scope of Services and the terms and conditions of this Agreement as set forth herein. in the administration of this Agreement, as contrasted with matters of policy, all Parties may rely on the Instructions or determinations made by the Contract Administrator, provided, however, that such Instructions and determinations do not change the Scope of Services. ARTICLE 2 — PREAMBLE 2.1 The terms, conditions, certifications, requirements, and statements contained within the RSCII are specifically incorporated Into this Agreement as obligations of the parties herein. A copy of the RSCIi is kept on file In the office of the Director, Pollution Prevention, Remediation and Air Quality Division and electronically at the Go SOLAR - Florida team SharePoint site (bMI:J /ao.broward.oro/ sites todlutionpreventionL%solarl 2.2 The RSCII agreement granted funding to the COUNTY for the use in the implementation of Go SOLAR - Florida. COUNTY shall utilize a portion of said funding to compensate MONROE for its performance of services under this Agreement. The RSCII funding Is allocated in both the form of a monetary grant ( "Federal Dollars ") and a cost share requirement ( "Cost Share Requirement"). ARTICLE 3 SCOPE OF SERVICES 3.1 MONROE and COUNTY shall perform all work identified in Exhibit "A." 3.2 MONROE acknowledges that the Contract Administrator has no authority to make changes that would increase, decrease, or otherwise modify the Scope of Services to be provided under this Agreement. ARTICLE 4 - COMPENSATION 4.1 The total project cost for this Agreement shall be One Hundred Eighty -seven Thousand Seven Hundred Eleven and No✓100 Dollars ($187,711.00). 3 4.2 COUNTY shall pay MONROE, in the manner specified in Exhibit 'A ", up to a maximum amount of One Hundred Fifty Thousand and No/100 Dollars ($150,000) for work actually performed and completed pursuant to this Agreement, which amount shall be accepted by MONROE as full compensation for all such work. This amount has been allocated to be paid to MONROE from Federal Dollars. MONROE acknowledges that this amount Is the maximum payable and constitutes a limitation upon COUNTY's obligation to compensate MONROE for its services related to this Agreement. This maximum amount, however, does not constitute a limitation, of any sort, upon MONROE's obligation to perform all items of work required by or which can be reasonably inferred from the Scope of Services. 4.3 MONROE has agreed to provide in -kind services, In fulfillment of its cost share requirement, of no less than Thirty -seven Thousand Seven Hundred Eleven and No/100 Dollars ($37,711.00). MONROE shall satisfy its cost share obligation with in -kind services consisting of staff personnel, compensated at its normal fully loaded pay rate. MONROE shall include a report of In -kind contributions performed in satisfaction of the required cost share, simultaneously with proof of each deliverable, In each invoice submitted to COUNTY. Unless otherwise approved In writing by the Contract Administrator, MONROE will receive payment of Federal Dollars only proportionately to its provision of cost share In -kind services, at a ratio of no more than four (4) to one (1). As an example, if an Invoice is submitted for a cumulative amount of Federal Dollars In the amount of Ten Thousand and No/100 Dollars ($10,000.00), then that invoice shall not be paid until such time as MONROE has submitted a cost share report indicating that in -kind contributions, cumulatively, total at least Two Thousand Five Hundred and No/100 Dollars ($2,500.00). ARTICLE 5 - TERM OF AGREEMENT 5.1 This Agreement shall be effective the date of the last signature of the parties to the Agreement and shall terminate on March 31, 2016. 5.2 This Agreement shall remain in full force and effect through the termination date unless written notice of termination by the COUNTY or MONROE is provided pursuant to Article 9, NOTICES. ARTICLE 6 - GOVERNMENTAL IMMUNITY MONROE and COUNTY are political subdivisions of the State of Florida. Each agrees to be fully responsible for acts and Qmissions of its agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign Immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement or any other contract. 4 ARTICLE 7 — INSURANCE COUNTY and MONROE are each self- Insured in accordance with provisions set forth within Section 768.28, Florida Statutes. ARTICLE 8 - TERMINATION This Agreement may be terminated by either party upon ninety (90) days written notice to the other party of such termination pursuant to Section 9, NOTICES, herein. in the event this Agreement is terminated by COUNTY, MONROE shall be paid for all work executed and actual expenses incurred prior to termination, including commitments which had become firm prior to the termination, in an amount not to exceed the amount payable to MONROE pursuant to Exhibit "A" and consistent with Article 4. All actual expenses Incurred shall have back-up documentation sufficient to verify that such expenses were actually incurred or the work was performed by MONROE prior to the notice of termination and shall be accompanied by proof of fulfillment of proportional adequate Cost Share Requirement services. ARTICLE 9 - NOTICES Any and all notices given or required under this Agreement shall be in writing and may be delivered In person or by United States mail, postage prepaid, first class and certified, return receipt requested, addressed as follows: TO THE COUNTY: Director, Pollution Prevention, Remediation and Air Quality Division 1 North University Drive, Suite 203 Plantation, Florida 33324 With copy to: County Administrator 115 South Andrews Avenue, Suite 409 Fort Lauderdale, Florida 33301 TO MONROE: Roman Gastesi, County Administrator Monroe County 1100 Simonton Street, Suite 2 -205 Key West, Florida 33040 0 With copy to: County Attorney 1111 1 e Street, Suite 408 Key West, Florida 33040 ARTICLE 10 - MISCELLANEOUS PROVISIONS 10.1 ASSIGNMENT: MONROE shall perform the selected services provided for in this Agreement exclusively and solely for COUNTY which is a party to this Agreement. Neither party shall have the right to assign this Agreement. 10.2 AMENDMENTS: No modifications, amendments, or alterations in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 10.3 COMPLIANCE WITH LAWS: MONROE shall comply with all federal, state, local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations related to this Agreement including those specifically Incorporated within RSCIi. 10.4 WAIVER: The waiver by either party of any failure on the part of the other party to perform in accordance with any of the terms or conditions of this Agreement shall not be construed as a waiver of any future or continuing similar or dissimilar failure. 10.5 SEVERABILITY: The invalidity of any provision of this Agreement shall in no way affect the validity of any other provision. 10.6 ENTIRE AGREEMENT: This Agreement incorporates and Includes all prior negotiations, correspondence, agreements, or understandings applicable to the matter contained herein; and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained or Incorporated into this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It Is further agreed that no change, amendment, alteration, or modification in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith by all parties to this Agreement. 10.7 INDEPENDENT CONTRACTOR: MONROE is an Independent contractor under this Agreement. Services provided by MONROE pursuant to this Agreement shall be subject to the supervision of MONROE. In providing such services, neither MONROE nor its agents shall act as officers, employees, or agents of COUNTY. This Agreement shall not constitute or make the parties a partnership or joint venture. M 10.8 CHOICE OF LAW; WAIVER OF JURY TRIAL Any controversies or legal problems arising out of this transaction and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the state courts of the Seventeenth Judicial Circuit of Broward County, Florida, the venue situs, and shall be governed by the laws of the State of Florida. To encourage prompt and equitable resolution of any litigation that may arise hereunder, each party hereby waives any rights It may have to a trial by jury of any such litigation. 10.9 DRAFTING: This Agreement has been negotiated and drafted by all parties hereto and shall not be more strictly construed against any party because of such party's preparation of this Agreement. 10.10 RECORDING: This Agreement shall be recorded in the Public Records of Broward County and Monroe County, in accordance with the Florida Interlocal Cooperation Act of 1969. 10.11 INCORPORATION BY REFERENCE: The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. 10.12 MULTIPLE ORIGINALS: Multiple copies of this Agreement may be fully executed by all parties, each of which shall be deemed to be an original. [Remainder of page Intentionally left blank] 7 IN WITNESS WHEREOF, the parties hereto have made and executed this Interlocal Agreement: BROWARD COUNTY, through its County Administrator, authorized to execute same by Board action on `LL day of 2014, and MONROE, signing by and through its MA 1 o 2 A duly authorized to execute same. C_ _OUNTY 1TNESSE . 44- ignatur MARYANNE DARBY Print Name A JODI GAAP NM Print Name Insurance requirements Approved by Broward County Risk Management Division By Risk Man t DivisiAate) Risk insurance and Contracts Manager NAR/ 0627.14 Go Solar Counties agree.doc 13- 049.12 County Administrator day of VS/ 20L� Approved as to form by Jonl Armstrong Coffey Broward County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357 -7600 Telecopier: (954) 357 -7641 ey: � Z 1� N Nancy Rubin (Date) Assistant County Attorney B Maltd Azcoitia (Date) Deputy County Attorney Cif D� 0C'f 1 sfi e� AGREEMENT PURSUANT TO GO SOLAR+LORIDA MONROE COUNTY a ll • • Ay Nzavlllk� , cto-K- 7 Mclay of I uft . 20 L� ILday of L4 It 20-j MONROE COUNTY ATTOR R VEO AS VTOO : N TILEENE W. CA8 ASSISTANT COUNTY AT RNEY APPROVED AS TO FORM: Attomey 9 Exhibit "A" Scope of Services Project: Broward County's Rooftop Solar Challenge I1– Go SOLAR - Florida Topic Area: Regional standardization (Topic Area B) MONROE Estimated Budget: TOTAL PROJECT COSTS: $187,711.00 TOTAL FEDERAL FUNDING: $150,000.00 MONROE COST SHARE: $37,711.00 BUDGET PERIOD 1 (10 -1 -13 – 3- 31 -15) NOT TO EXCEED PAYMENT: $84,092.00 BUDGET PERIOD 2 (4 -1 -15 – 3- 31 -16) NOT TO EXCEED PAYMENT. $103,619.00 In Go SOLAR - Florida, COUNTY will build upon the lessons, tools, and experience developed in its inaugural effort to expand the Go SOLAR project on a regional basis. The roll out will begin by working cooperatively with nine (9) municipalities within COUNTY that did not participate in RSCI. With the addition of Cooper City, Hollywood, Lauderdale Lakes, Lauderhill, Lighthouse Point, Margate, Pembroke Pines, Plantation, and Wilton Manors, the population served by the Go SOLAR permitting system will exceed 1.5 million. Reaching beyond the boundaries of Broward County, five (5) large and medium -sized counties and one (1) city from across the State have also agreed to participate. Confirmed partners from across the State, representing an additional population of four million (4,000,000), include Miami -Dade County, Monroe County, Orange County, St. Lucie County, and Alachua County, and the City of Venice. COUNTY has applied and been approved by DOE under Topic Area B — streamlining and standardizing processes at the regional level — using a collaborative approach. The State of Florida, with more than one hundred (100) Independent jurisdictions, sees permitting as a local issue, and there will be considerable challenge to move all jurisdictions to a centralized permitting responsibility at the present time. For this reason, RSCII (Go SOLAR - Florlda) will be based upon existing relationships with communities that are committed to sustainability and excited about replicating the concepts developed by Go SOLAR. In recent years, COUNTY has been recognized nationally for its work with many of these regional stakeholders to influence local, state, and federal energy and environmental policies through the Southeast Florida Regional Climate Change Compact and Large Urban County Caucus. This proposal presents a unique opportunity to develop a robust, collaborative partnership across the State. The Go SOLAR - Florida team will develop policies and procedures to standardize online permitting and remove planning and zoning barriers within each PARTICIPATING JURISDICTION, work with FSEC to provide a single, uniform source of structural and electrical design plans for Go SOLAR - Florida (This source being named the Florida Solar Permitting System (FSPS).); and promote solar energy and installations through extensive marketing and outreach. ffil Project: MONROE will work with COUNTY on tasks outlined in the RSCII Statement of Project Objectives Including: • Task 3.0: Reffne and replicate Go SOLAR — Broward permitting solutions within partnering counties; • Task 4.0: Revise Go SOLAR- Broward Planning and Zoning Best Management Practices to reflect new partner input; • Task 5.0: Enhance financing options for the installation of rooftop PV systems • Task 6.0: Outreach campaign; • Task 7.0: Standardize solar permitting within each county; and • Task 8.0: Marketing and outreach campaign. Specifically, MONROE will assist with these Tasks as follows: 1. Send representatives to an initial coordination meeting with Broward County. 2. Develop a solar permitting system: a. In coordination with Broward County; b. That furthers the Go Solar- Florida goal of a single solar pemnitdng experience across Florida; c. That will Incorporate a universal ePermit application to be used by all Go Solar- Florida applicants; d. That will Interface with the FSEC FSPS; e. That will rely upon preapproved, pre- certified or deemed to comply electrical and structural plans that when used will require no (preferable) or at the very least, expedited review (e.g., one day); f. That will require the minimal number of inspections possible; and g. That will be web based and fully electronic from application to permit issuance. 3. Adopt model zoning ordinance and zoning code amendments as needed to facilitate electronic permitting. 4. Contribute to development of financial options for the action plan. 5. Adopt feasible financial options from the plan. 6. Conduct jurisdiction -wide marketing and assist in statewide marketing. 7. MONROE agrees to assist COUNTY in marketing solar energy and solar Installations, Go SOLAR- Florlda branding, community outreach campaigns, and Go SOLAR Fests; and promoting consistent, statewide net metering and interconnection standards. 8. Participate in Go SOLAR - Florida team meetings and send representatives to Go SOLAR Fests. Deliverables: Project deliverables shall be delivered to the COUNTY according to the following general timeline. 11 uocunlentation of Deliverables and Payment: MONROE shall provide mitten documentation Of completion of each deliverable. COUNTY will have thirty (30) calendar days to review each deliverable and verify whether it meets the agreed acceptance criteria. Upon notification of acceptance from COUNTY, MONROE will issue an invoice for the deliverable. Payments shall be made by COUNTY on a quarterly basis, using the Go SOLAR - Florida invoice template, pursuant to standard COUNTY payment practices and consistent with `Article 4 — Compensation• of the Agreement. The invoice must Identify Federal Dollars services and th6 MONROE Cost Share Requirement services. Task Payrnitt Deliverables Deadline Acceptance Criteria WOW Fedsnd $ Servioss 1 Develop a solar permitting system March 31, 2015 $21,450 COUNTY confirms described above. and provides written 2 Interface with FSEC FSPS. March 31, 2015 $0 COUP confirms access Is In place and provides wrdten 3 Contribute to development of financial options for the action plan October 31, 201 March 31.2015 $0 appmvaL COUNTY confirms and adopt feasible financial optbm adoption d financial options by recut of 4 Adopt Model Zoning Ordinance March 31. iii 5 $20,000 COUNTY confirms and Zoning Code Amendments as adoption of model needed to factitate electronic permitting and Best Management ordinance and zoning Practices. amendments by receipt 5 Fully Implement a standardized March 31, 2018 $20,000 of documentation. COUNTY confirms solar permitting system in MONROE functionally of standardized permitting 6 Conduct jurisdk don wide March 31, 2016 $88,825 s COUNTY cordtrms marketing, assist in statewide marketing of solar energy and solar receipt of marketing installations. Go SOLAR -Florida materials, schedules and attendance sheets branding, cornmunky outreach campaigns, Go SOLAR Feels, and for marketing and outreach. promoting consistent, statewide net metering and Interconnections standards. 7 Attend meetings of the Go SOLAR March 31, 2016 $1,625 COUNTY confirms — Florida team and Go-SOLAR Fasts, aupport marketing Go attendants at a mlolmum of 85% of SOLAR - Florida initiatives and sand meetings of the Go representatives to Go SOLAR Fasts. SOLAR - Florida team monthly status updates and all Go SOLAR Fasts. Total $150,000 $37,711 uocunlentation of Deliverables and Payment: MONROE shall provide mitten documentation Of completion of each deliverable. COUNTY will have thirty (30) calendar days to review each deliverable and verify whether it meets the agreed acceptance criteria. Upon notification of acceptance from COUNTY, MONROE will issue an invoice for the deliverable. Payments shall be made by COUNTY on a quarterly basis, using the Go SOLAR - Florida invoice template, pursuant to standard COUNTY payment practices and consistent with `Article 4 — Compensation• of the Agreement. The invoice must Identify Federal Dollars services and th6 MONROE Cost Share Requirement services.