Broward County Commission Regular Meeting
Director's Name: Leonard Vialpando
Department: Resilient Environment Division: Administration
Information
Requested Action
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MOTION TO APPROVE Standard Grant Agreement No. 23BO1 between Broward County and the Florida Department of Environmental Protection (FDEP) for cost-sharing of the design, construction, and monitoring of the beach and dune construction projects located in Segment III of the Broward County Shore Protection, providing for $3,750,625 in 2023/2024 legislative appropriations; authorize the Mayor and Clerk to execute same; authorize the County Administrator to execute amendments to the Grant Agreement, subject to review for legal sufficiency by the Office of the County Attorney, 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 Grant Agreement. (Commission District 6)
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Why Action is Necessary
Chapter 161.101(4), Florida Statues, provides for local governments and the FDEP to enter into cooperative agreements of the purpose of improving, furthering, and expediting the state’s beach management program.
What Action Accomplishes
Authorizes reimbursement of $3,750,625 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 MOTION.
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.”
In April 2018, the U.S. Army Corps of Engineers (USACE), Jacksonville District, completed Project Information Reports for Hurricane Irma impacts to the previously constructed Broward County Segment II and Segment III Shore Protection Projects. These reports were subsequently approved by the South Atlantic Division and Headquarters (Washington, D.C.) on May 30, 2018. Following the approval of the Bipartisan Budget Act of 2018, disaster recovery Flood Control and Coastal Emergency (FCCE) funding was provided for the rehabilitation of Hurricane Irma damage to the previously constructed portions of the Segment II and Segment III Shore Protection Projects, providing 100% federal funding for the project construction (not inclusive of beach dunes).
FCCE-funded restoration of the Segment III beach is currently underway, scheduled for completion by May 2024. The project area includes nearly the entire length of coastline extending from the Port Everglades Inlet south to Hallandale Beach, inclusive of beaches within the cities of Dania Beach, Hollywood, and Hallandale Beach. The USACE is placing sand on both the dry beach (above the mean high-water line) and in the water, with an approximate total volume of 887,000 cubic yards of sand material.
Standard Grant Agreement No. 23BO1 (Grant Agreement) provides for $3,750,625 in State of Florida (State) funds for the FDEP share of the costs for design/permitting, dune construction, and monitoring activities as part of the current Segment III project and requires a County local cost share of $1,781,404 for a total project cost of $5,532,029. The State will reimburse 100% of the costs associated with work contained within the Dr. Von D. Mizell-Eula Johnson State Park, and will reimburse 49.75% of costs within Dania Beach, Hollywood Beach, and Hallandale Beach for the Segment III Shore Protection Project. While the above referenced municipalities would typically share in the local cost share, previous credit from the federal reimbursement for the 2005/2006 Segment III project is anticipated to fully cover local cost for the current project.
Because the County is a recipient of funds from FDEP under the Grant Agreement, the County’s standard terms are not included. Specifically, this Grant Agreement provides that: (i) FDEP has the right to withhold and reduce payment for County’s failure to perform under the agreement; (ii) the ability for FDEP to set a retainage amount; (iii) minimum insurance requirements be imposed by FDEP; (iv) only FDEP (and not the County) has the ability to terminate for convenience; (v) FDEP has the right to suspend work at any time; (vi) jurisdiction and venue for any lawsuits that arise pursuant to the Grant Agreement will be in Leon County, FL; (vii) certain fixed price subcontracts will require FDEP’s approval; (viii) requires compliance with any monitoring processes outlined by FDEP; and (ix) imposes several reporting requirements.
This Grant Agreement has been reviewed for legal sufficiency by the Office of the County Attorney, subject to the disclosure of the above-stated non-standard provisions.
Source of Additional Information
Dr. Jennifer Jurado, Deputy Director and Chief Resilience Officer, Resilient Environment Department, 954-519-1464.
Fiscal Impact
Fiscal Impact/Cost Summary
The fiscal impact is not to exceed the amount of $5,532,029 from the Beach Renourishment Capital Program. Per the grant agreement, $3,750,625 in project appropriations will reimburse the County for the State’s share of project costs not covered by federal cost share.