Broward County Commission Regular Meeting
Director's Name: Leonard Vialpando
Department: Public Works and Environmental Services
Division: Administration
Information
Requested Action
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A. MOTION TO APPROVE Second Amendment to Florida Department of Environmental Protection (“FDEP”) Agreement No. 23BO1 for cost-sharing of the permitting/design, construction, and monitoring of the beach and dune construction projects located in Segment III of the Broward County Shore Protection Project, providing for additional state appropriations and a no-cost 12-month extension of the Agreement term; authorizing the Mayor and Clerk to execute the same; authorizing the County Administrator, after review and approval for legal sufficiency by the Office of the County Attorney, to execute future amendments to the Agreement that do not impose additional costs or material risk to the County; and authorize the County Administrator to take all necessary administrative and budgetary actions to implement the Second Amendment. (Commission District 6)
B. MOTION TO ADOPT budget Resolution in the amount of $975,813 within the Beach Erosion Capital Outlay Fund for the purpose of recognizing Fiscal Year 2025/2026 grant funds from the FDEP.
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Why Action is Necessary
Motion A. 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.
Motion B. Board approval is necessary to receive and appropriate unanticipated grant revenues.
What Action Accomplishes
Motion A. Approves an additional $975,813 in State appropriations and a no-cost 12-month extension of the grant agreement with the FDEP for the Segment III Beach project.
Motion B. Recognizes/appropriates unanticipated grant funds.
Goal Related Icon(s)
☒County Commission
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Previous Action Taken
Agreement 23BO1 was approved by the Board on December 12, 2023 (Agenda Item No. 39). Amendment 1 to Agreement 23BO1 was approved by the Board on May 20, 2025 (Agenda Item No. 28).
Summary Explanation/Background
The Public Works and Environmental Services 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.”
The Segment III Shore Protection Project (“Project”) is located along the southern portion of the Broward County shoreline, between Port Everglades Inlet and the Broward County/Miami-Dade County line, is 8.1 miles in length and fronts Dr. Von D. Mizell-Eula Johnson State Park (“Park”), the City of Dania Beach, the City of Hollywood, and the City of Hallandale Beach. A federal Flood Control and Coastal Emergency (“FCCE”) Segment III Shore Protection Project placed approximately 900,000 cubic yards of sand from 2021-2024, at 100% federal funding for the project construction (not inclusive of beach dunes).
On November 10, 2020 (Agenda Item No. 40), the Board approved a Memorandum of Agreement (“MOA”) (Exhibit 1) with U.S. Army Corps of Engineers (“USACE”) for dune design/permitting and construction as part of the FCCE Project in the Park (fully executed December 11, 2020) to be funded by the County in the amount of $1,040,000 and constructed by the USACE, with anticipated reimbursement to the County by the State. Dune design/permitting and construction within the Park was completed by the USACE in April 2024. The County assumed responsibility for finalizing plans and contracting for dune construction for the municipal reaches of Segment III, with construction expected to begin in November/December 2025.
Agreement number 23BO1 (Exhibit 2) provided for $3,750,625 in State funds as the FDEP share of non-federal costs for dune design, permitting, construction, and monitoring activities as part of the Project (Agenda Item No. 39, December 12, 2023). Under this Agreement, the State will reimburse 100% of the costs associated with work contained within the Park, and will reimburse 49.75% of costs within Dania Beach, Hollywood, and Hallandale Beach. While the above-mentioned municipalities would typically contribute to the local cost share, previous credit from the federal reimbursement for the 2005/2006 Segment III project is anticipated to fully cover the typical amount of municipal cost share. The First Amendment to Agreement Number 23BO1 (Exhibit 3) provided an additional $749,017 in State funds as the FDEP share of non-federal costs for post project monitoring and a 12-month extension of the Agreement Term to December 31, 2026 (Agenda Item No. 28, May 20, 2025). The Second Amendment to Agreement Number 23BO1 (Exhibit 4) provides for an additional $975,813 in State Funds as the FDEP share of non-federal costs for post project monitoring and a 12-month extension of the Agreement Term to December 31, 2027. The Second Amendment is backdated to January 1, 2020, to allow for reimbursement for work and expenditures incurred for the project starting in 2020. The Second Amendment reallocates the budget to accommodate realized expenditures for completed tasks.
The Second Amendment has been reviewed and approved for legal sufficiency by the Office of the County Attorney. The Agreement, as amended, does not include the County's standard provisions, as FDEP requires the County to use a state form agreement and amendment template. The Second Amendment contains revised 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 revised terms and requirements do not pose new material legal risks to Broward County. The Agreements may be terminated for convenience or cause by FDEP, but not by the County. Venue for any disputes is in Second Judicial Circuit of Florida. Nonperformance by the County can result in a corrective action plan, withheld payments, or reduction in invoiced funds, and the Agreement and this First Amendment are subject to retainage. The Second Amendment also estimates the revised state and local cost shares of the estimated project costs. The local cost share is estimated to be $2,558,559 in addition to the funding provided by the state through the Agreement and the First and Second Amendments.
Source of Additional Information
Dr. Jennifer Jurado, Chief Resilience Officer and Deputy Director, Public Works and Environmental Services Department, (954) 519-1464.
Fiscal Impact
Fiscal Impact/Cost Summary
This item recognizes the additional appropriation by the State for $975,813 within the beach capital fund. Initially, other non-grant revenues were used to fund the Segment III project upfront, so the surplus funding is being reallocated to support Hotspot beach nourishment projects. Per the grant agreement, FDEP will reimburse the County up to $5,475,455 for eligible project tasks.