Broward County Commission Regular Meeting
Director's Name: Leonard Vialpando
Department: Resilient Environment Division: Administration
Information
Requested Action
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A. MOTION TO APPROVE First 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 $749,017 from additional 2023/2024 and 2024/2025 legislative appropriations, and a no-cost 12-month extension of the grant agreement term from January 1, 2026, to December 31, 2026; 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 First Amendment. (Commission District 6)
ACTION: (T-11:15 AM) Approved.
VOTE: 8-0. Commissioner Davis was inaudible during the vote.
B. MOTION TO ADOPT budget Resolution in the amount of $749,017 within the Beach Erosion Capital Outlay Fund for the purpose of recognizing Fiscal Year 2023/2024 and 2024/2025 grant funds from the FDEP.
ACTION: (T-11:15 AM) Approved Resolution No. 2025-209.
VOTE: 8-0. Commissioner Davis was inaudible during the vote.
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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. County Commission approval is necessary to receive and appropriate grant funds not anticipated in the budget.
What Action Accomplishes
Motion A. Approves an additional $749,017 in State appropriations and a no-cost twelve-month extension of the grant agreement with the FDEP for the Segment III Beach project.
Motion B. Recognizes/appropriates one-time grant funds for the Beach Renourishment 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 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. The Project supports tourism and the local economy and provides critical habitat to marine life. It is 8.1 miles in length and fronts the Dr. Von D. Mizell-Eula Johnson State Park (“Park”), City of Dania Beach, City of Hollywood, and 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 December 11, 2020, a Memorandum of Agreement (“MOA”) (Exhibit 1) was executed by the County and the U.S. Army Corps of Engineers (“USACE”) for dune design/permitting and construction as part of the FCCE Project in the Park, to be funded by the County in the amount of $1,040,000 and constructed by the USACE (Agenda Item No. 40, November 10, 2020), with anticipated reimbursement to the County by the State. Beach dune construction within the municipal reaches of Segment III would ultimately be led by the County.
Dune design/permitting and construction in the Park was completed by the USACE in April 2024. Dune design, permitting, and planned construction for municipal reaches within Dania Beach, Hollywood, and Hallandale Beach is underway.
Agreement No. 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 referenced municipalities would typically participate in the local cost share, previous federal reimbursement for the 2005/2006 Segment III project is anticipated to fully cover the local cost share. The First Amendment to Agreement No. 23BO1 (Exhibit 3) provides 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.
Receipt of the grant funds requires the use of the FDEP’s form amendment, which does not contain Broward County’s standard contract terms. The First 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 Agreement and this First Amendment 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 First Amendment also estimates the revised state and local cost shares of the estimated project costs. The local cost share is estimated to be $2,099,842 in addition to the funding provided by the state through the Agreement and this First Amendment.
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
This item recognizes the additional grant appropriation by the State for $749,017 within the Beach Erosion Capital Outlay fund. Per the amended grant agreement, FDEP will reimburse the County up to $4,499,642 for eligible project tasks for the Segment III project.