Broward County Commission Regular Meeting
Director's Name: Trevor M. A. Fisher
Department: Public Works Division: Water & Wastewater Engineering
Information
Requested Action
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MOTION TO APPROVE Standard Grant Agreement (“Grant Agreement”) between the Florida Department of Environmental Protection (“FDEP”) and Broward County for reimbursement of 50% of the construction cost, up to a maximum amount of $1,000,000, for the North New River Canal Resilience (Broadview Park) Project (the “Project”); authorizing the County Administrator to execute the Grant Agreement, including certifications requested by FDEP, and any subsequent change order(s) and amendment(s) to the Grant Agreement that do not impose additional financial obligations on the County, subject to review for legal sufficiency by the Office of the County Attorney; and authorizing the County Administrator to take all necessary administrative and budgetary actions to implement and administer the Grant Agreement. (Commission District 5)
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Why Action is Necessary
Section 20.31(b)(3) of the Broward County Administrative Code requires Board approval to execute grant agreements.
What Action Accomplishes
Authorizes the County Administrator to execute the Grant Agreement and subsequent change orders and amendments, and to take administrative and budgetary actions to implement the Grant Agreement.
Goal Related Icon(s)
☒County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
None
Summary Explanation/Background
THE PUBLIC WORKS DEPARTMENT/ WATER AND WASTEWATER ENGINEERING 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.
As part of the Resilient Florida Grant Program for Fiscal Year 2022-2023, on February 24, 2023, the FDEP awarded Broward County a $1,000,000 cost-reimbursement grant to be used for the construction of the Project. The estimated total cost of the Project is $2,000,000. The Grant will be funded by the Coronavirus State and Local Fiscal Recovery Funds under the American Rescue Plan Act.
If this item is approved, Broward County ("County"), as grantee, will commence work on the Project that is part of the County’s Capital Improvement Plan (Broadview Park). The Project will assist up to 240 property owners in Broadview Park to connect to an existing County sanitary sewer system through the County’s Connection Incentive Program. Under this program, the County will pay the upfront connection costs, and each property owner has up to 180 months to pay back the amount, interest free, via monthly water and sewer bills. The grant will cover up to 50% of property owners’ costs to connect to the sanitary sewer system through the County’s Connection Incentive Program. The Grant Agreement and Project will be managed by the Broward County Water and Wastewater Engineering Division. Likewise, construction services will be procured from a qualified vendor after a solicitation is issued.
The Grant Agreement is a state-provided form contract utilized by FDEP and includes clauses that deviate from the County’s standard terms and conditions, including as follows:
• All funding under the Grant Agreement is provided to Broward County on a reimbursement basis. Broward County will be required to provide appropriate funding for the Project and make payments in advance of receiving reimbursement. Broward County may submit for reimbursement at the end of each phase of the Project. Additionally, the County may submit quarterly requests for interim payments which may be made by FDEP at their sole discretion.
• FDEP may terminate the agreement for convenience at any time with 30 days’ notice to the Broward County. If FDEP terminates, Broward County will be responsible for funding the completion of the Project (or a portion thereof) should it wish to continue. Broward 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 Broward County may be reimbursed for work satisfactorily performed before termination, it will not be eligible to recover cancellation charges.
• 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.
• Broward 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.
• Broward 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. Broward County will include this provision in all subcontracts issued as a result of his Agreement.
• The venue for any disputes related to the Grant Agreement is in Leon County, Florida.
Source of Additional Information
Rolando Nigaglioni, DBA, PE, BCEE, PMP, Director, Water and Wastewater Engineering Division, (954) 831-0740
Trevor M. A. Fisher, P.E., MBA, Director, Public Works Department, (954) 357-6410
Fiscal Impact
Fiscal Impact/Cost Summary
This $1,000,000 grant is funded by the United States Department of Treasury, through the Florida Department of Environmental Protection, utilizing American Rescue Plan Act funding, on a cost-reimbursement basis. The County will match 50% ($1,000,000) of the total anticipated project cost ($2,000,000).