Broward County Commission Regular Meeting
Director's Name: Leonard Vialpando
Department: Public Works and Environmental Services
Division: Natural Resources Division
Information
Requested Action
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MOTION TO APPROVE Third Amendment to the Sea Turtle Conservation Program (“STCP”) and Marine Environmental Education Center Program (“MEEC”) Services Agreement with Nova Southeastern University, Inc., for sea turtle conservation and marine environmental education services; authorize the Mayor and Clerk to execute the Third Amendment; and authorize the County Administrator to take all necessary administrative and budgetary actions to implement the Agreement as amended. (Commission Districts 2, 4 and 6)
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Why Action is Necessary
Section 21.47(a)of the Broward County Procurement Code requires approval by the Board of County Commissioners of a renewal or extension of an agreement with a value of more than $500,000.
What Action Accomplishes
This Third Amendment further amends the Agreement to: i) exercise the option for a first Extension Term for nine months from April 1, 2026, through December 31, 2026, to realign the end of the term with STCP budgeting after the Purchasing Director’s three month Additional Extension; ii) increase the total not-to-exceed amount for the STCP by $2,889,102 with a maximum projected cost to reach $5,439,415 without potential Consumer Price Index (CPI) increases; iii) add additional sea turtle nest relocations; iv) add a Task for reporting on the location of escarpments that could affect sea turtle nesting or hatchlings; and v) increase the not-to-exceed amount for the MEEC Program by $30,500 to $143,000 per Extension Term for the projected costs of Extension Terms, inclusive of potential CPI increases.
Goal Related Icon(s)
☒County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
None taken.
Summary Explanation/Background
THE PUBLIC WORKS AND ENVIRONMENTAL SERVICES DEPARTMENT, THE NATURAL RESOURCES DIVISION AND THE PARKS AND RECREATION DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTION.
Approval of this item supports the Commission Value of Collaboration: “Building partnerships and working collaboratively with others to meet shared objectives,” and the Board’s goal of a Resilient Community: “Ensuring accessible, seamlessly integrated investments in renewable energy, sustainable practices, manufacturing, resilient infrastructure and environmental protection.”
Current Item
Approval of this Third Amendment to the Sea Turtle Conservation Program (“STCP”) and Marine Environmental Education Center Program (“MEEC”) Services Agreement with Nova Southeastern University, Inc. (NOVA), provides for:
1. Approval of the First Extension Term from April 1, 2026, through December 31, 2026, to realign the Extension Terms with the schedule outlined in the Initial Term of the Agreement.
2. Adds a new authorization for a Task withheld (Task 6) for the STCP Program to monitor beach escarpments following county funded beach nourishments, as outlined by the Permits 0163435-015-JC, and 0394925-001-JC.
3. Adds monitoring of beaches with the Port Everglades Inlet to the areas included in beach surveys, per Florida Fish and Wildlife Commission (“FWC”) permit conditions, and relocation of up to 20 additional nests.
4. Provides budget for the first Extension Term and the increase in not-to-exceed amounts for each extension term through an updated Exhibit B-1 and B-2.
5. Establishes an adjusted not-to-exceed amount of $2,889,102 for the Sea Turtle Conservation Program from April 1, 2026, to December 31, 2030, inclusive of the projected cost of all Extension Terms (at $596,419 annually) and establishes a not-to-exceed amount of $143,000 (an increase of $30,500) for the MEEC program for each extension term.
Additional Detail
On December 10, 2025, the Purchasing Director exercised the Additional Extension authority provided for in Section 4.3 of the Agreement on December 10, 2025, to extend the end of the Initial Term of the Agreement from December 31, 2025, to March 31, 2026, while additional required tasks were incorporated in the Agreement Scope of Services.
The Third Amendment provides the actual budget for the first Extension Term through an updated Exhibit B-1 and B-2. The budget for each Extension Term remains subject to the maximum not-to-exceed amount established in the Agreement. To avoid a gap in services, it is necessary to request full funding for the potential Extension Terms, increasing the total not-to-exceed amount for the STCP Program by $2,889,102 (not inclusive of projected CPI increases) and the total not-to-exceed amount for the MEEC program by $30,500 for each Extension Term (including projected CPI increases).
The Third Amendment increases the not-to-exceed amount for the MEEC to accommodate potential CPI adjustments authorized under the Agreement, which may be approved by the Director of Purchasing and may not exceed the approved maximum amount per annual Extension Term.
Any interruption in sea turtle permitting or monitoring could, by permit conditions, delay beach cleaning activities for 65 days, compromise beach project related permitting, or threaten nesting activities or hatching success. There is currently no other person/organization permitted to fulfill the expanse of monitoring and conservation activities as part of the STCP and MEEC facility including daily nesting surveys, care of a resident sea turtle, and conducting public hatchling releases.
Background
Nova Southeastern University, Inc. has been involved with sea turtle research and conservation efforts within Broward County since 1978, providing the County with sea turtle conservation services during the eight-month nesting season as well as off-season outreach in the community. The data collected from these services are vital to County and municipal beach projects including beach nourishments, coastal construction, and large permitted beach events.
Since 2016, Nova Southeastern University, Inc. has provided additional services as part of the Marine Environmental Education Center (MEEC), and under the under the current Agreement. The MEEC provides further opportunities for public outreach including a resident non-releasable green sea turtle and interactive programming for the public and schools. Sea turtle conservation activities provide direct protection of these endangered species and their habitat in Broward County. Outreach programs throughout the year provide an opportunity for the public to learn about sea turtles and marine conservation. The current agenda item supports these objectives.
Agreement History
On October 27, 2015, the Board of County Commissioners approved entering into an agreement with Nova Southeastern University, Inc. for joint SCTP and MEEC Program services (Item No. 30). This agreement was supported by a most reasonable source designation, following nearly three decades of collaborative sea turtle conservation efforts, and the Board’s desire to include joint operation of additional sea turtle conservation and outreach services via a MEEC at the Carpenter House. The agreement was executed on March 31, 2016, with an expiration date of December 31, 2016, and included the option to extend for up to four additional one year terms (each an "Extension Term") with a final expiration date of December 31, 2020.
On December 1, 2020, the Board of County Commissioners approved of Nova Southeastern University, Inc. as the most reasonable source for delivery of joint sea turtle conservation and education services in collaboration with Broward County and authorized the Director of Purchasing to negotiate a new agreement providing for continuation of these services (Item No. 23).
On January 27, 2021, the Board of County Commissioners approved a First Amendment to the 2016 Agreement extending the services between Broward County and Nova Southeastern University, Inc. from July 1, 2021, through December 31, 2021 (Item No. 14).
On June 28, 2021, the Director of Purchasing executed an Agreement between the SCTP, MEEC Program and Nova Southeastern University, Inc. with an Initial Term through December 31, 2025. The Agreement authorized funding of $2,550,313 for the STCP Program and $578,273 for the MEEC Program for the Initial Term. The five-year agreement was executed with an expiration date of December 31, 2025, with the option to extend for up to five additional one year terms (each an "Extension Term").
On May 16, 2024, the Director of Purchasing executed the First Amendment which amended the Parties’ responsibilities for the MEEC program and Nova Southeastern University, Inc.’s responsibilities regarding the captive marine turtle permit.
On July 16, 2025, the Director of Purchasing executed the Second Amendment which addressed a Consumer Price Index increase to the STCP funding and added certain County standard contracting provisions to the Agreement.
This Third Amendment has been reviewed and approved as to legal sufficiency by the Office of the County Attorney.
Source of Additional Information
Monica Pognon, Director, Natural Resources Division, 954-519-1476.
Fiscal Impact
Fiscal Impact/Cost Summary
The cost of the Third Amendment is not-to-exceed $2,889,102 for the Sea Turtle Conservation Program from April 1, 2026 to December 31, 2030, inclusive of the projected cost of all Extension Terms without projected CPI increases, and a not-to-exceed amount of $143,000 per Extension Term for the MEEC Program, inclusive of the projected CPI increases for which funds are budgeted within the General Fund for the Fiscal Year 2026 portion of the contract. This contract spans multiple fiscal years and is only budgeted annually dependent upon Board approval during the annual budget process.