Broward County Commission Regular Meeting
Director's Name: Trevor M. A. Fisher
Department: Public Works Division: Water & Wastewater Water Management
Information
Requested Action
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MOTION TO APPROVE First Amendment to Grant Agreement No. 22FRP16 (“Amendment 1”) between the Florida Department of Environmental Protection (“FDEP”) and Broward County for the design and construction of the C-4 Canal Conveyance Improvements; authorizing the County Administrator to execute Amendment 1, including certifications required by FDEP and any subsequent change order(s) and amendment(s) to Grant Agreement No. 22FRP16 that do not impose additional financial obligations on the County, subject to review for legal sufficiency by the Office of the County Attorney. (Commission District 2)
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Why Action is Necessary
Board of County Commissioners’ approval is required pursuant to Broward County Administrative Code, Section 20.31.b.3, for all grant agreements and amendments execution.
What Action Accomplishes
Authorizes the County Administrator to execute Amendment 1 and subsequent change orders and amendments.
Goal Related Icon(s)
☒County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
Grant Agreement No. 22FRP16 was approved and executed by the County Administrator during the 2023 Summer Recess, as approved by the Commission Meeting Agenda No. 29 on June 13, 2023.
Summary Explanation/Background
THE PUBLIC WORKS DEPARTMENT/ WATER MANAGEMENT DIVISION RECOMMENDS APPROVAL OF THE ABOVE MOTION.
The requested action supports the Board’s goal of ensuring accessible, seamlessly integrated investments in renewable energy, sustainable practices, manufacturing, resilient infrastructure, and environmental protection.
The Grant Agreement concerns the C-4 Canal Conveyance Improvements (“The Project”) and will provide a $466,200 grant to the County. This grant will cover 50% of the Project’s costs and it is funded by the United States Department of Treasury, through FDEP, utilizing American Rescue Plan Act funding, on a cost-reimbursement basis. The County will match the remaining 50%, at a cost of $466,200, of the total anticipated Project cost of $932,400. The Project is currently under design. Construction bidding is anticipated to take place towards December 2024.
Amendment 1, like the previously approved Grant Agreement, is based on a state-provided form utilized by FDEP. It contains clauses that deviate from the County’s standard terms and conditions, including as follows:
• All funding under the Grant Agreement is provided to the County on a reimbursement basis. The County was required to appropriate funding for the Project and make payments in advance of receiving reimbursement. The County may submit for reimbursement after each Project deliverable is accepted by FDEP.
• FDEP may terminate the agreement for convenience at any time with 30 days’ notice to the County. If FDEP terminates, the County will be responsible for funding the completion of the Project (or a portion thereof) should it wish to continue. The County may only submit for reimbursement for work performed before the effective date of the termination, and all invoices must be submitted within 30 days after the effective date of termination. While the County may be reimbursed for work satisfactorily performed before termination, it will not be eligible to recover cancellation charges.
• No claim for damages, other than for an extension of time, shall be asserted against FDEP due to force majeure causes.
• Except as otherwise required under Florida law, any claim against FDEP arising from the Grant Agreement is limited to compensatory damages of no more than $100,000.
• The County will be solely responsible for the negligent or wrongful acts of its agents, employees, or subcontractors.
• All work on the Project must be completed and deliverables submitted to the State on or before June 30, 2026. For any deliverable submitted to FDEP after the June 30, 2026, deliverable deadline, the corresponding invoice will be reduced by 1% for each day the deliverable is late unless a time extension is previously approved in writing by the FDEP.
• The County must comply with all federal grant terms applicable to funding under the American Rescue Plan Act and must ensure all procurement solicitations and resulting contracts comply with the Grant Agreement and applicable federal and state requirements, including, but not limited to, nondiscrimination, wages, social security, workers’ compensation, licenses, and registration requirements. The County will include this provision in all subcontracts related to the Project.
• The venue for any disputes related to the Grant Agreement is in Leon County.
Below is a summary of changes included in Amendment 1 (Exhibit 1), provided by FDEP:
Standard Grant Agreement Form (page 1 of 29)
• The title has been updated on page 1 and throughout the Grant Agreement to include the County’s name.
Department’s Grant Manager (page 1 of 29)
• The FDEP Grant Manager has been changed to Hanna Tillotson.
Attachment 1-A, Standard Terms and Conditions (page 4 of 29)
• Section 8e: Rural Communities and Rural Areas of Opportunity section added.
• Section 8g: State Funds Documentation section was added to indicate requirements if a Contractor meets the definition of a non-profit organization under section 215.97(2)(m), F.S.
• Updates to the links in Sections 8(d) and 8(k).
• Section 25: Investing in America section was added to indicate provisions for Grantees of an award for construction projects in whole or in part by the Bipartisan Infrastructure Law or the Inflation Reduction Act.
Attachment 2-A, Special Terms and Conditions (page 17 of 29)
• Section 14: Common carrier language was added.
• Section 10: Retainage updated to “No retainage is required under this Agreement”.
• Removed “Documentary Evidence Requirement for Subcontractor(s)” which was originally located in section 14 (Additional Terms).
Attachment 3-A, Grant Work Plan (page 20 of 29)
• Formatting of the deliverables has been updated into bullet point format and deliverable language has been modified.
• Performance Measures language updated to define partial, full, and incomplete deliverables and to remove Exhibit A, Progress Report Form being accepted as an interim deliverable.
• Payment Request Schedule Section: language updated to remove acceptance interim payments.
• Language was added to indicate that Exhibit A is required for all reporting periods, dating back to the Agreement Begin Date.
Attachment 6-A, Program-Specific Requirements (page 24 of 29)
• Section 1: SLIPS Study Requirements updated with current rule update to Chapter 62S-7, F.A.C.
• Section 5: Provides additional detail and clarifying language for the use of grant funds related to regulatory issues.
Exhibit F-1, Final Report (page 26 of 29)
• Minor language edits were made so FDEP could combine the planning and implementation versions of the templates.
Exhibit H-1, Contractual Services Certification (page 28 of 29)
• Subcontractor name field added.
Exhibit J, Common Carrier Attestation (page 29 of 29)
• This Exhibit is now required as applicable for the Grant Agreement.
Source of Additional Information
Trevor M.A. Fisher, P.E., MBA, Director, Public Works Department, (954) 357-6410
Susan Bodmann, P.G., PMP, Director, Water Management Division, (954) 831-0765
Fiscal Impact
Fiscal Impact/Cost Summary
No anticipated fiscal impact.