Broward County Commission Regular Meeting
Director's Name: Leonard Vialpando
Department: Environmental Protection Division: Environmental Engineering & Permitting
Information
Requested Action
title
A. MOTION TO APPROVE retroactively Grant Agreement No. TV013 between Florida Department of Environmental Protection (FDEP) and the Broward County Board of County Commissioners, to provide funding for the Title V Air Quality Permitting and Compliance program in the amount of $69,757 from July 1, 2020 to June 30, 2021, and authorize the County Administrator to execute administrative and budgetary actions to implement the grant.
ACTION: (T-10:57 AM) Approved.
VOTE: 9-0. Commissioner Rich and Vice-Mayor Geller voted in the affirmative telephonically.
B. MOTION TO ADOPT budget Resolution No. 2020-427 in the amount of $69,757 within the Pollution Prevention Fund for the purpose of recognizing Title V funds received from FDEP.
ACTION: (T-10:57 AM) Approved.
VOTE: 9-0. Commissioner Rich and Vice-Mayor Geller voted in the affirmative telephonically.
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Why Action is Necessary
Section 125.01(1)p, Florida Statutes authorizes the Board to enter into agreements with other governmental agencies. Board action is required for Agreement approval to accept the grant award, and to recognize the award within the Environmental Protection and Growth Management Department.
What Action Accomplishes
This action provides continued funding for the Broward County Title V Air Quality Permitting and Compliance program from July 1, 2020 to June 30, 2021.
Is this Action Goal Related
Yes
Previous Action Taken
No previous action taken.
Summary Explanation/Background
THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT AND THE ENVIRONMENTAL ENGINEERING AND PERMITTING DIVISION (EEPD) RECOMMEND APPROVAL OF THE ABOVE MOTION.
This item supports the County’s value of “Encouraging investments in renewable energy, sustainable practices and environmental protection” and Goal 1: “Seek funding for, implement policies and pursue projects promoting the use of alternative energies and sustainable practices.”
The Air Quality Program of EEPD is a federal and state approved local air quality program responsible for protecting and improving air quality in Broward County, in accordance with state and federal regulations. FDEP Grant Agreement No. TV013 (Exhibits 1 and 2) provides funding to continue the federal Clean Air Act Title V Air Quality Permitting and Compliance program in Broward County. The purpose of the Title V program is to reduce violations of air pollution laws by permitting, conducting compliance inspections and enforcement. This agreement provides up to $69,757 between July 1, 2020 and June 30, 2021. Under this action, the Resolution for $69,757 (Exhibit 3) is being accepted. Retroactive approval is being requested as the agreement was received from the State on July 24, 2020. The County’s standard form agreement provisions are not included because the County is a recipient of funds from a state agency under this Agreement. The grant funds are conditioned on compliance with the grant terms, including, but not limited to, procurement, audit, and reporting requirements. The Florida Department of Environmental Protection (FDEP) limits its liability to $100,000. The County may be required to provide commercial general liability coverage of $250,000 for each occurrence and $500,000 in the aggregate, which is greater than the County's liability under the sovereign immunity statute. Venue for any disputes is in the Second Judicial Circuit (i.e., Tallahassee). FDEP has a termination for convenience provision; the provision is not mutual. Funds could be subject to reimbursement to FDEP if funds are unobligated, paid to County in excess, or if federal funds must be refunded to the federal government.
This agreement has been reviewed by Risk Management and has been approved as to form by the Office of the County Attorney.
Source of Additional Information
Sermin Turegun, Director, Environmental Engineering and Permitting Division, (954) 519-1460
Fiscal Impact
Fiscal Impact/Cost Summary
For the period July 1, 2020 to June 30, 2021, the County receives up to $69,757 from FDEP to perform Title V Air Quality Permitting and Compliance in Broward County. There is no cost-share or match required for this agreement.