Broward County Commission Regular Meeting
Director's Name: Leonard Vialpando
Department: Resilient Environment Division: Choose a Division.
Information
Requested Action
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MOTION TO APPROVE Interlocal Agreement between Broward County and the South Florida Water Management District for cost share in the Section 203 Central and Southern Florida Flood Resiliency Study, Reach A (Broward and Hillsboro Basins), at an estimated cost of $5,000,000 to the County, and authorize 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 Interlocal 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.
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Why Action is Necessary
Approval by the Board of County Commissioners is required to enter into legal agreements with the South Florida Water Management District.
What Action Accomplishes
Provides funding from Broward County to the South Florida Water Management District for cost share in the Section 203 Central and Southern Florida Flood Resiliency Study.
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 both the County Commission’s Value of Collaborates, “building partnerships and working collaboratively with others to meet shared objectives,” and the County Commission’s Goal of Resilient Community, “ensuring accessible, seamlessly integrated investments in renewable energy, sustainable practices, manufacturing, resilient infrastructure, and environmental protection.”
The Central and Southern Florida (C&SF) Flood Resiliency Study, authorized under Section 216 of the Flood Control Act of 1970, is the framework for identifying flood risk management measures needed to reduce areas at the most immediate risk to flooding due to changes that have occurred since system construction, including sea level rise, land development, and population growth in the lower east coast of Florida. Broward County has been a primary advocate for this study authorization and appropriations needed to complete this study in time to submit project recommendations for authorization as part of the 2026 Water Resources Development Act (WRDA). Despite progress to date, study delays indicated a completion date as late as 2028. As such, the local sponsor (South Florida Water Management District) and cooperative partners (including Broward County) have been seeking active means for accelerating the work pertaining to priority reaches within the study, including Reach A, which consists of Broward County basins.
Section 203 of the WRDA 1986, as amended (33 U.S.C. 2231) provides that non-Federal interests, such as the South Florida Water Management District, may undertake a federally authorized feasibility study of a proposed water resources development project, or, upon written approval by the Assistant Secretary of the Army for Civil Works, may undertake a feasibility study on modifications to a water resources development project constructed by the Government and submit the completed non-Federal report of that study for review and assessment.
Given the pressing importance of timely C&SF improvements in Broward County and desire to accelerate the planning study to provide for authorization of study recommendations as part of WRDA 2026, the South Florida Water Management District communicated to the Assistant Secretary of the Army (ASA) for Civil Works its intent to undertake this Section 203 study (Exhibit 2). This request was formally accepted by the ASA (Exhibit 3). To enable this accelerated approach, the County allocated $5 Million in support of this study as part of the approved Fiscal Year ’25 budget. These funds will enable cost share support in this transition from the Section 216 to the Section 203 Study, with the SFWMD to serve as project lead, responsible for the procurement and management of the project.
South Florida Water Management District requires payment in full for the County’s cost of $5 million upon mutual execution of Exhibit 1. In accordance with Broward County Procurement Code Section 21.55 - Advance Payments, Resilient Environment Department consulted with the Director of Purchasing to determine that the payment would be in the County’s best interest. The agreement does not include Broward County’s standard terms and conditions, providing that the County pays in advance for services, cannot terminate, and only unexpended funds are returned in the event of a termination. The agreement does include changes requested to the dispute resolution provision and for venue in Broward County in the event of any litigation.
The agreement has been reviewed and approved as to legal sufficiency by the Office of the County Attorney.
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 County’s share of the Section 203 C & SF Resiliency Study is allocated in the Fiscal Year 2025 Resilient Environment Department Capital Fund.