Broward County Commission Regular Meeting
Director's Name: Leonard Vialpando
Department: Resilient Environment Division: Administration
Information
Requested Action
title
A. MOTION TO APPROVE Fourth Amendment to Florida Department of Environmental Protection (FDEP) Agreement No. 18BO1_A4 for cost sharing of the Segment II Shore Protection Project, providing for $1,554,605 in 2017-2018 legislative appropriations and for a no-cost, 12-month extension of the grant agreement from July 2, 2024, to July 1, 2025, and authorizing the Mayor and Clerk to execute same; authorize the County Administrator, after review for legal sufficiency by the Office of the County Attorney, to execute future amendments to the Agreement that do not impose additional financial obligations on the County; and authorize the County Administrator to take all necessary administrative and budgetary actions to implement the Agreement as amended. (Commission District 4)
ACTION: (T-10:52 AM) Approved.
VOTE: 7-0. Commissioner Geller and Commissioner McKinzie were not audible during the vote.
B. MOTION TO APPROVE Second Amendment to Florida Department of Environmental Protection (FDEP) Agreement No. 20BO1_A2 for cost-sharing of the Segment II Shore Protection Project, providing for $72,630 in 2019-2020 legislative appropriations and for a no-cost, 12-month extension of the grant agreement from July 1, 2024, to June 30, 2025, and authorizing the Mayor and Clerk to execute the same; authorize the County Administrator, after review for legal sufficiency by the Office of the County Attorney, to execute future amendments to the Agreement that do not impose additional financial obligations on the County; and authorize the County Administrator to take all necessary administrative and budgetary actions to implement the Agreement as amended. (Commission District 4)
ACTION: (T-10:52 AM) Approved.
VOTE: 7-0. Commissioner Geller and Commissioner McKinzie were not audible during the vote.
C. MOTION TO APPROVE Second Amendment to Florida Department of Environmental Protection (FDEP) Agreement No. 19BO2_A2 for cost-sharing of the Sand Bypass Project, providing for $19,238,099 in 2019-2020 legislative appropriations and for a no-cost, 24-month extension of the grant agreement from July 1, 2024, to June 30, 2026, and authorizing the Mayor and Clerk to execute the same; authorize the County Administrator, after review for legal sufficiency by the Office of the County Attorney, to execute future amendments to the Agreement that do not impose additional financial obligations on the County; and authorize the County Administrator to take all necessary administrative and budgetary actions to implement the Agreement as amended. (Commission Districts 4 and 6)
ACTION: (T-10:52 AM) Approved.
VOTE: 7-0. Commissioner Geller and Commissioner McKinzie were not audible during the vote.
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Why Action is Necessary
A. Section 161.101(4), Florida Statutes, authorizes local governments and the FDEP to enter into cooperative agreements to improve, further, and expedite the state’s beach management program. Board action is necessary to approve the amended grant agreement to allow additional time to complete construction and construction monitoring for Segment II of the Broward County Shore Protection Project and subsequent reimbursement of funds.
B. Section 161.101(4), Florida Statutes, authorizes local governments and the FDEP to enter into cooperative agreements for the purpose of improving, furthering, and expediting the state’s beach management program. Board action is necessary to approve the amended grant agreement providing additional time to complete post construction monitoring for Segment II of the Broward County Shore Protection Project and subsequent reimbursement of funds.
C. Section 161.101(4), Florida Statutes, authorizes local governments and the FDEP to enter into cooperative agreements for the purpose of improving, furthering, and expediting the state’s beach management program. Board action is necessary to approve the amended grant agreement providing additional time to complete construction and one year of monitoring for the Port Everglades Inlet Management Study Implementation Plan and subsequent reimbursement of funds.
What Action Accomplishes
A. The action approves a 12-month extension of the grant agreement with the Florida Department of Environmental Protection to allow reimbursement of up to $1,554,605 from FDEP Beach Management Funding Assistance Program.
B. The action approves a 12-month extension of the grant agreement with the Florida Department of Environmental Protection to allow reimbursement of up to $72,630 from FDEP Beach Management Funding Assistance Program.
C. The action approves a 24-month extension of the grant agreement with the Florida Department of Environmental Protection to allow reimbursement of up to $19,238,099 from FDEP Beach Management Funding Assistance Program.
Goal Related Icon(s)
☒County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
None taken.
Summary Explanation/Background
THE RESILIENT ENVIRONMENT DEPARTMENT RECOMMENDS APPROVAL OF THE ABOVE MOTIONS.
This item supports the County Commission’s Goal of Resilient Community of “ensuring accessible, seamlessly integrated investments in renewable energy, sustainable practices, manufacturing, resilient infrastructure, and environmental protection.”
Background:
The Segment II Shore Protection Project (“Project”) is located along the central portion of the Broward County shoreline, between Hillsboro Inlet and Port Everglades. The Project supports tourism and the local economy and provides critical habitat to marine life. It is 4.9 miles in length and fronts the Town of Lauderdale-By-The-Sea, the City of Pompano Beach, and the City of Fort Lauderdale. The Project was constructed in 2016 and placed approximately 750,000 cubic yards of sand in addition to creating over 1.5 miles of additional dune habitat. The Project also involves the construction of 6.8 acres of artificial reef as mitigation for projected impacts to nearshore hardbottom. Post-construction monitoring is being performed to assess project performance.
The Port Everglades Sand Bypass Project creates infrastructure on the north side of Port Everglades Inlet in Broward County, Florida to facilitate the collection and storage of beach compatible sand for future transfer to the south side of the inlet. Sand bypassing at Port Everglades has physical and economic benefits to sand management at the inlet and along the Segment III shoreline. It also benefits the Federal navigation project by reducing and/or eliminating sand shoaling of the channel. The sand bypass project has local support by various cities and environmental stakeholders and contains the components vital to a successful regional sediment management program. The sand bypass project increases the resilience of critical natural resources and $345 million in existing infrastructure.
Motion A:
Agreement Number 18BO1 provided $1,554,605 in State funds as the Florida Department of Environmental Protection (FDEP) share of non-federal costs for construction of the mitigation reef and construction monitoring activities (Agenda Item No. 41, November 13, 2018). The State will reimburse 40.72% of the non-federal portion of eligible project costs of construction and monitoring for the Project. The first three amendments to this agreement each provided a 12-month, no-cost extension accounting for delay in the construction of the mitigation project. The Fourth Amendment to Agreement Number 18BO1 provides an additional 12-month extension that is retroactive to the Agreement Begin Date.
Motion B:
Agreement Number 20BO1 provided $72,630 in State funds as the FDEP share of the costs for post-construction monitoring activities (Agenda Item No. 36, October 20, 2020). The State will reimburse 40.72% of the post-construction monitoring costs for the Project. The first amendment to this agreement provided a 12-month, no-cost extension to the agreement. The Second Amendment to Agreement Number 20BO1 provides for an additional 12-month retroactive extension of the Agreement Begin Date.
Motion C:
Agreement number 19BO2 provided for $19,238,099 in State funds as the FDEP share of non-federal costs related to construction and monitoring for the Port Everglades Sand Bypass Project (Agenda Item No. 12, February 26, 2019). Construction has been delayed due to the need for re-consultation for the recently listed queen conch, which is expected to take up to 12 months. The first amendment to this agreement provided a 24-month, no-cost extension accounting for delays in the construction of the Sand Bypass Project. The Second Amendment to Agreement Number 19BO2 provides for an additional 24-month retroactive extension of the Agreement Begin Date.
Receipt of the grant funds requires the use of the FDEP’s form agreement, which does not contain Broward County’s standard contract terms. For motions A, B, and C, the agreements, as amended, contain terms and requirements that must be satisfied by Broward County and its contractors to receive and keep the grant award money, including but not limited to procurement, reporting, conflict of interest, and audit requirements. The agreements may be terminated for convenience by FDEP, but not by the County. Venue for any disputes is in Second Judicial Circuit of Florida. The agreements also allocate the local share of the estimated project costs.
Source of Additional Information
Dr. Jennifer Jurado, Chief Resilience Officer and Deputy Director, Resilient Environment Department, (954) 519-1464.
Fiscal Impact
Fiscal Impact/Cost Summary
Motion A: The fiscal impact is a not-to-exceed amount of $8,502,876 from the Beach Renourishment Capital Program. Per the grant agreement, FDEP will reimburse up to $1,554,605 for eligible project tasks to the County.
Motion B: The fiscal impact is a not-to-exceed amount of $397,249 from the Beach Renourishment Capital Program. Per the grant agreement, FDEP will reimburse up to $72,630 for eligible project tasks to the County.
Motion C: The fiscal impact is a not-to-exceed amount of $25,650,798 from the Beach Renourishment Capital Program. Per the grant agreement, FDEP will reimburse up to $19,238,099 for eligible project tasks to the County.