Broward County Commission Regular Meeting
Director's Name: Mark Gale
Department: Aviation Division: Finance
Information
Requested Action
title
MOTION TO APPROVE First Amendment to the Standard Grant Agreement between Broward County and the Florida Department of Environmental Protection for Agreement No. 22SRP21 to update the title of the project and make required administrative changes to the agreement for the FLL Stormwater Outfall Modifications project at Broward County's Fort Lauderdale-Hollywood International Airport; authorizing the Mayor and Clerk to execute the First Amendment; and authorizing the County Administrator to take any necessary administrative and budgetary actions to implement the First Amendment.
body
Why Action is Necessary
Broward County Board of County Commissioners (“Board”) approval is required for the execution of this Standard Grant Agreement (“SGA”).
What Action Accomplishes
Approval of the First Amendment updates the title of the FLL Stormwater Outfall Modifications project (“Project”) and makes administrative updates required by Florida Department of Environmental Protection (“FDEP”) to Attachments 1, 2, 3, 5, and 6, Exhibit A, Exhibit F, and Exhibit H. In accordance with Section 908.111, Florida Statutes, the First Amendment also adds Exhibit J to the SGA.
Goal Related Icon(s)
☐County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
None.
Summary Explanation/Background
THE AVIATION DEPARTMENT RECOMMENDS APPROVAL OF THE ABOVE MOTION.
This action approves the First Amendment to the SGA to update the title of the Project and makes administrative updates required by FDEP to Attachments 1, 2, 3, 5, and 6, Exhibit A, Exhibit F, and Exhibit H. In accordance with Section 908.111, Florida Statutes, the First Amendment also adds Exhibit J to the SGA.
On February 21, 2023 (Item No. 6), the Board approved the SGA between Broward County (“County”) and FDEP for Agreement No. 22SRP21 at Broward County’s Fort Lauderdale-Hollywood International Airport (“FLL”). The Project’s total estimated cost was $626,066 (“Project Cost”). As outlined in the SGA, FDEP committed to 50% participation of the Project Cost, estimated to be $313,033, and the County was required to fund the remaining 50% estimated to be $313,033, while covering any Project Cost overruns.
The Project will improve backflow prevention of the existing Stormwater Management System due to the low ground surface elevations throughout FLL. The proposed improvement includes retrofitting backflow preventers on 13 existing primary stormwater outfall pipes to prevent tidal waters from backflowing into the existing Stormwater Management System at FLL. Completion of the Project will prevent tidal flooding, especially during season King Tides on the airfield areas at FLL.
The First Amendment (Exhibit 1) does not change the Project Cost, cost share contributions, project scope, or timeline of the FDEP grant. The First Amendment will update the title of the Project from FLL Stormwater Outfall Modifications to Broward County FLL Stormwater Outfall Modifications and provides for administrative updates required by the FDEP to Attachments 1, 2, 3, 5, and 6, Exhibit A, Exhibit F, and Exhibit H. In accordance with Section 908.111, Florida Statutes, the First Amendment adds Exhibit J to the SGA.
The proposed First Amendment has been reviewed by the Office of the County Attorney. The First Amendment does not include the County's standard agreement provisions, as FDEP requires the County to use its form amendment.
Additionally, the First Amendment, like the previously approved SGA, contains clauses that deviate from the County’s standard terms and conditions, including as follows:
• All funding under the SGA 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 SGA 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.
• The County must comply with the SGA 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 SGA is in Leon County.
Source of Additional Information
Mark E. Gale, A.A.E., CEO/Director of Aviation, (954) 359-6199
Fiscal Impact
Fiscal Impact/Cost Summary
There is no fiscal impact.