Item N6 N6
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
David Rice,District 4
Board of County Commissioners Meeting
August 21, 2024
Agenda Item Number: N6
2023-2804
BULK ITEM: Yes DEPARTMENT: Sustainability
TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag
N/A
AGENDA ITEM WORDING: SUSTAINABILITY: Approval to rescind a Memorandum of
Agreement (MOA)with Palm Beach County, Broward County, Miami-Dade County, and Monroe
County,previously approved by the BOCC on May 15, 2024 as Item N2, that would have governed the
implementation of a $268,648,142 Environmental Protection Agency (EPA) Climate Pollution
Reduction Grant(CPRG) application that was submitted March 29, 2024, as subsequent notification
has been received that grant award was not received and the MOA is no longer required.
ITEM BACKGROUND:
This item is to rescind a Memorandum of Agreement ("MOA")between the four Climate Counties of
Broward County, Miami-Dade County, Monroe County, and Palm Beach County, who are signatories
to the Southeast Florida Regional Climate Change Compact("Compact"), collaboratively working to
reduce regional greenhouse gas (GHG) emissions, implement adaptation strategies, and build climate
resilience across the region.
Broward County applied for a $268,648,142 grant on behalf of the Southeast Florida Regional Climate
Change Compact(Compact) through the EPA Climate Pollution Reduction Grant CPRG program to
reduce Greenhouse Gas (GHG) emissions in Palm Beach, Broward, Miami-Dade, and Monroe
Counties. Southeast Florida is one of the most vulnerable U.S. regions to climate change impacts. The
parties have since been notified that grant award was not received, and therefore the MOA is no longer
required.
PREVIOUS RELEVANT BOCC ACTION:
05/15/24: Approval of a Memorandum of Agreement (MOA)with Palm Beach County, Broward
County, Miami-Dade County, and Monroe County that would govern the implementation of a
$268,648,142 Environmental Protection Agency (EPA) Climate Pollution Reduction Grant (CPRG)
application that was submitted March 29, 2024, which would begin upon grant execution and end after
five(5)years and includes a $46,814,070 sub-award to Monroe County to fund energy-efficiency
housing retrofits, solar photovoltaic rebates, and electric vehicle charger rebates, and 9 staff positions,
which would be requested upon the grant being awarded and eliminated when grant funding is
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discontinued; also, delegation to the County Administrator, or designee, to act as the signatory authority
on additional forms, certifications, contracts/ agreements and amendments thereto, and any other
necessary documents related to the CPRG implementation grant application that do not substantially
change the scope of work, terms or conditions of the Memorandum of Agreement.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
MOA MC, Palm Beach, Broward, Miami-Dade.pdf
FINANCIAL IMPACT:
No impact
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CLIMATE POLLUTION REDUCTION GRANT PROGRAM
IMPLEMENTATION GRANT MEMORANDUM OF AGREEMENT
This Memorandum of Agreement ("MOA") is being executed by Broward County
("County"), Miami-Dade County, Monroe County, and Palm Beach County ("Participating
Agencies") (collectively"Parties").
A. The Parties are signatories to the Southeast Florida Regional Climate Change
Compact ("Compact"), collaboratively working to reduce regional greenhouse gas ("GHG")
emissions, implement adaptation strategies, and build climate resilience across the region.
B. Through the Compact, the Parties published the Regional Climate Action Plan 3.0
("RCAP3.0"), which brought together members of the business and private sectors; educational
institutions; state, local, and tribal governments; utilities; and professional and community
organizations to make recommendations and identify strategies aimed at transforming southeast
Florida into a more resilient, equitable, and thriving home for all.
C. RCAP3.0 recommended the counties coordinate the development and adoption
of local GHG emissions reduction, adaptation, and climate resilience policies. It proposed to
accomplish this, in part, by 1) pursuing funding and technical assistance that supports climate
reduction and climate resilience work across the region; and 2)developing processes for regional
and/or intergovernmental review, coordination, and harmonization of carbon pollution
reduction and climate resilience initiatives, such as regional transportation infrastructure and
GHG inventories.
D. The Parties are eligible jurisdictions able to collectively implement the objectives
and goals of the Climate Pollution Reduction Grant ("CPRG") Program.
E. The Parties formed a coalition and developed a course of action to achieve the
goals and objectives of the CPRG Planning Grant. On August 4, 2023, the U.S. Environmental
Protection Agency ("EPA") awarded a CPRG Planning Grant to the Parties to develop a Priority
Climate Action Pan and Comprehensive Climate Action Plan covering the entire geographic scope
of the Compact region.
F. On December 15, 2023, EPA released the Notice of Funding Opportunity for CPRG
Implementation Grants. The Parties wish to continue the collaboration to apply for EPA grant
funding to implement mitigation projects and strategies identified in the Priority Climate Action
Plan and Comprehensive Climate Action Plan.
G. This collaboration will enable the implementation of carbon reduction programs
focused on residential energy efficiency and weatherization, community electric vehicle
infrastructure, and residential solar installation for the citizens of southeast Florida within and
adjacent to the Metropolitan Service Areas as required by the CPRG Implementation Grant.
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H. Through this MOA, County was selected to apply for the CPRG Implementation
Grant, administer the program, and serve as the fiscal agent for the disbursement of all funds
received for the CPRG Implementation Grant.
I. This MOA establishes the relationship between the Participating Agencies related
to the CPRG Implementation Grant Application and the administration of the grant awarded as a
result of said application.
Now,therefore, for good and valuable consideration,the receipt and sufficiency of which
are hereby acknowledged, the County and Participating Agencies agree as follows:
1. The above Recitals are true and correct and are incorporated herein by reference.
2. County as Lead Agency. County will serve as the lead agency and grant
administrator for the Participating Agencies for the CPRG Implementation Grant. Pursuant to the
CPRG guidelines, funding for the CPRG Implementation Grant will be provided to County, and
County will disperse the funds to the Participating Agencies in the amounts determined by
County and submitted to the EPA. County accepts full responsibility for the Parties' performance
and will be accountable to EPA for effectively carrying out the full scope of work and the proper
financial management of the grant.
3. Resources. The Parties will contribute resources for the following projects and
grant deliverables when implementing said projects within their respective jurisdictions:
a. Managing and implementing a residential energy efficiency and
weatherization program for its citizens that is in alignment with the terms outlined
in the proposal and grant agreement.
b. Managing and implementing a residential and commercial solar
installation program for its citizens that is in alignment with the terms outlined in
the proposal and grant agreement.
C. Managing and implementing a community-wide electric vehicle
infrastructure program for its citizens that is in alignment with the terms outlined
in the proposal and grant agreement.
d. Reporting on project status updates and information to Broward County in
support of their progress reports in accordance with EPA's reporting
requirements.
4. Funding. County will distribute the funds to each Participating Agency in
accordance with the CPRG Implementation Grant and a separate Subgrant Award Agreement (as
described in Section 5 below).
5. Subgrant Award Agreement. To receive the CPRG Implementation Grant funds,
the Participating Agency and County must negotiate and execute a Subgrant Award Agreement.
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The County, as the grant recipient,will serve as the pass-through entity.The Participating Agency
will serve as the subrecipient.Through the Subgrant Award Agreement,the Participating Agency,
consistent with federal requirements, will be accountable to the County for the proper use of
EPA funding and successful project implementation.
6. Compliance with EPA Requirements. In performing its duties, responsibilities, and
obligations pursuant to this MOA,each Participating Agency agrees to adhere to the requirement
standards set forth in the Uniform Grant Guidance 2 C.F.R. §§ 200.331 — 200.333 (2024), as
amended, EPA's Subaward Policy 16-01, as applicable, and all conditions and requirements of the
CPRG Implementation Grant.
7. Contract Administrator Authority. Contract Administrator means the County's
Director of Resilient Environment Department, the Deputy Director of Resilient Environment
Department, or such other person designated by the Director of Resilient Environment
Department in writing.The Contract Administrator is authorized to coordinate and communicate
with Participating Agencies to manage and supervise the performance of this MOA. Participating
Agencies acknowledge that the Contract Administrator has no authority to make changes that
would materially modify the terms of this MOA except as expressly set forth in this MOA or, to
the extent applicable, in the Broward County Procurement Code. Unless expressly stated
otherwise in this MOA or otherwise set forth in the Broward County Code of Ordinances or the
Broward County Administrative Code, the Contract Administrator may exercise ministerial
authority in connection with the day-to-day management of this MOA by Broward County. The
Contract Administrator may also approve in writing minor modifications to the MOA that do not
increase the total cost to County or waive any rights of County.
8. Term and Termination.This MOA shall commence on execution by the Parties and
end consistent with the period of performance specified in the CPRG Implementation Grant.
However, the continuation of this MOA is subject to the availability of funding from the CPRG
Implementation Grant. If the EPA does not award the CPRG Implementation Grant to the County,
the MOA shall terminate contemporaneously with the County's transmittal of written notice to
the Participating Agencies that the EPA did not award the CPRG Implementation Grant. If EPA
awards a CPRG Implementation Grant to the County, the Participating Agencies may not
terminate (i.e., end in its entirety) this MOA.
If a Participating Agency no longer wishes to participate in the MOA, before or after the
award of a CPRG Implementation Grant, the Participating Agency may withdraw (i.e., remove
itself from participation) from this MOA by providing thirty (30) days written notice of its intent
to withdraw to all other Participating Agencies and County. County shall provide prompt notice
to the EPA. Any resulting guidance provided by EPA shall be communicated to the Participating
Agency and adhered to and carried out in a timely manner by all Parties. If a Participating Agency
effectively withdraws from this MOA, County may reallocate the withdrawing Participating
Agency's funding to another Participating Agency in accordance with the terms of the CPRG
Grant.
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9. Public Records. Each Participating Agency understands that all records created as
a result of participating in the CPRG Implementation Grant may be subject to public disclosure
pursuant Section 119.07, Florida Statutes. Each Participating Agency is responsible for
compliance with applicable public records law regarding any public records request seeking
records relating to this MOA, including assisting County by providing the responsive records to
County upon request. Each Participating Agency shall be responsible for any award of attorneys'
fees or costs for that Participating Agency's noncompliance with applicable public records law.
10. Access to Records. Each Participating Agency, its employees, and agents shall
allow access to its records concerning this MOA at reasonable times as may be requested by
County, the EPA, the U.S. Comptroller General, or any of their duly authorized representatives.
The term "reasonable" shall be construed according to the individual facts and circumstances but
ordinarily shall mean during normal business hours of 8:00 a.m.to 5:00 p.m., local time, Monday
through Friday. Upon reasonable notice, the Participating Agency shall provide County with any
additional documentation, information, or reports as may be required by County.
11. Sovereign Immunity. Nothing herein is intended to serve as a waiver of sovereign
immunity by the Parties nor shall anything included herein be construed as consent to be sued
by third parties in any matter arising out of this MOA.
12. Third-Party Beneficiaries.The Parties do not intend to primarily or directly benefit
a third party by this MOA. Therefore, the Parties acknowledge that there are no third-party
beneficiaries to this MOA and that no third party shall be entitled to assert a right or claim against
any of them based upon this MOA.
13. Notice. Unless otherwise stated herein,for notice to be effective under this MOA,
notice must be sent via U.S.first-class mail, hand delivery, or commercial overnight delivery, each
with a contemporaneous copy via email,to the addresses listed below and shall be effective upon
mailing or hand delivery (provided the contemporaneous email is also sent). Addresses may be
changed by the applicable Party giving notice of such change in accordance with this section.
FOR COUNTY:
Broward County Resilient Environment Department
Attn: Dr. Jennifer Jurado
115 South Andrews Avenue, Room 329
Fort Lauderdale, Florida 33301
Email address:jjurado@broward.org
FOR MIAMI-DADE COUNTY:
Miami-Dade County Office of Resilience
Attn. Dr. Patricia Gomez
111 NW 111 Street, 12t" Floor
Miami, Florida 33128
Email address: patricia.gomez@miamidade.gov
CPRG Implementation Grant MOU Page 4 of 10
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FOR MONROE COUNTY:
Monroe County Board of County Commissioners
1100 Simonton Street
The Gato Building, RM 2-205
Key West, Florida 33040
Email address: Haag-Rhonda@MonroeCounty-FL.gov
FOR PALM BEACH COUNTY:
Palm Beach County Office of Resilience
Attn: Megan Houston
2300 North Jog Road, 41" Floor
West Palm Beach, FL 33411
Email address: MSHouston@pbc.gov
14. Severability. If any part of this MOA is found to be unenforceable by any court of
competent jurisdiction, that part shall be deemed severed from this MOA and the balance of this
MOA shall remain in full force and effect.
15. Joint Preparation.This MOA has been jointly prepared by the Parties and shall not
be construed more strictly against any Party.
16. Interpretation. The titles and headings contained in this MOA are for reference
purposes only and shall not in any way affect the meaning or interpretation of this MOA. All
personal pronouns used in this MOA shall include any othergender,and the singular shall include
the plural, and vice versa, unless the context otherwise requires.Terms such as "herein" refer to
this MOA as a whole and not to any particular sentence, paragraph,or section where they appear,
unless the context otherwise requires. Whenever reference is made to a section or article of this
MOA, such reference is to the section or article as a whole, including all subsections thereof,
unless the reference is made to a particular subsection or subparagraph of such section or article.
Any reference to "days" means calendar days, unless otherwise expressly stated. Any reference
to approval by County shall require approval in writing, unless otherwise expressly stated.
17. Priority of Provisions. If there is a conflict or inconsistency between any term,
statement, requirement, or provision of any document or exhibit attached to, referenced by, or
incorporated in this MOA and any provision within an article or section of this MOA, the article
or section shall prevail and be given effect.
18. Law, Jurisdiction, Venue, Waiver of Jury Trial. This MOA shall be interpreted and
construed in accordance with and governed by the laws of the State of Florida. The exclusive
venue for any lawsuit arising from, related to, or in connection with this MOA shall be in the state
courts of the Seventeenth Judicial Circuit in and for Broward County, Florida. If any claim arising
from, related to, or in connection with this MOA must be litigated in federal court, the exclusive
venue for any such lawsuit shall be in the United States District Court or United States Bankruptcy
Court for the Southern District of Florida. EACH PARTY HEREBY EXPRESSLY WAIVES ANY RIGHTS
IT MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS MOA.
CPRG Implementation Grant MOU Page 5 of 10
2250
19. Amendments. Unless expressly authorized herein, no modification, amendment,
or alteration of any portion of this MOA is effective unless contained in a written document
executed with the same or similar formality as this MOA and by duly authorized representatives
of County and each Participating Agency.
20. Prior Agreements. This MOA represents the final and complete understanding of
the Parties regarding the subject matter of this MOA and supersedes all prior and
contemporaneous negotiations and discussions regarding the same. All commitments,
agreements, and understandings of the Parties concerning the subject matter of this MOA are
contained herein.
21. Counterparts and Multiple Originals. This MOA may be executed in multiple
originals, and may be executed in counterparts, whether signed physically or electronically, each
of which shall be deemed to be an original, but all of which, taken together, shall constitute one
and the same MOA.
(The remainder of this page is intentionally left blank.)
CPRG Implementation Grant MOU Page 6 of 10
2251
IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement: BROWARD
COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Mayor or
Vice-Mayor, authorized to execute same by Board action on the day of
2024; MIAMI-DADE COUNTY through its BOARD OF COUNTY
COMMISSIONERS, signing by and through its Mayor or Vice-Mayor, authorized to execute same
by Board action on the day of , 2024; MONROE COUNTY through its
BOARD OF COUNTY COMMISSIONERS, signing by and through its Mayor or Vice-Mayor,
authorized to execute same by Board action on the 15th day of May , 2024; and
PALM BEACH COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through
its Mayor or Vice-Mayor, authorized to execute same by Board action on the day of
2024, all duly authorized to execute same.
COUNTY
ATTEST: BROWARD COUNTY, by and through
its Board of County Commissioners
By: By:
Broward County Administrator, as Mayor
ex officio Clerk of the Broward County
Board of County Commissioners day of 12024
Approved as to form by
Andrew J. Meyers
Broward County Attorney
115 South Andrews Avenue, Suite 423
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
By
Jennifer D. Brown (Date)
Assistant County Attorney
By
Maite Azcoitia (Date)
Deputy County Attorney
JDB/gmb
CPRG Implementation Grant MOU
04/03/2024
CPRG Implementation Grant MOU Page 7 of 10
2252
CLIMATE POLLUTION REDUCTION GRANT PROGRAM
IMPLEMENTATION GRANT MEMORANDUM OF AGREEMENT
MIAMI-DADE COUNTY
ATTEST: By:
Print Title
COUNTY CLERK Print Name
day of , 20_
1 HEREBY CERTIFY that I have approved this
MOA as to form and legal sufficiency subject
to execution by the parties:
County Attorney
CPRG Implementation Grant MOU Page 8 of 10
2253
CLIMATE POLLUTION REDUCTION GRANT PROGRAM
IMPLEMENTATION GRANT MEMORANDUM OF AGREEMENT
MONROE COUNTY
ATTEST: KEVIN MADOK, CLERK By:
Print Title Mayor
By: Holly Merrill Raschein
As Deputy Clerk Print Name
day of , 20_
1 HEREBY CERTIFY that I have approved this
MOA as to form and legal sufficiency subject
to execution by the parties:
4-22-2024
Sr. Assistant County Attorney
CPRG Implementation Grant MOU Page 9 of 10
2254
CLIMATE POLLUTION REDUCTION GRANT PROGRAM
IMPLEMENTATION GRANT MEMORANDUM OF AGREEMENT
PALM BEACH COUNTY
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PALM BEACH COUNTY APPROVED AS TO FORM AND LEGAL
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SUFFICIENTCY:
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Date: 4/23/2024
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APPROVED AS TO TERMS AND CONDITIONS:
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Clerk of th �P ��� Megan S. Houston, Department Director
4/22/24
By' Deput O
Date:
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CPRG Implementation Grant MOU Page 9 of 10
2255