Broward County Commission Regular Meeting
Director's Name: Leonard Vialpando
Department: Resilient Environment Division: Administration
Information
Requested Action
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MOTION TO APPROVE Second Amendment to Florida Department of Environmental Protection (FDEP) Agreement No. 19BO3_A2 for cost sharing of the Sand Bypass Project, providing for a 24-month extension of the grant agreement from October 1, 2024, to September 30, 2026, and authorizing the Mayor and Clerk to execute same; authorizing the County Administrator, after review for legal sufficiency by the Office of the County Attorney, to execute future amendments to the Agreement that do not impose additional financial obligations on the County; and authorizing the County Administrator to take all necessary administrative and budgetary actions to implement the Agreement as amended. (Commission Districts 4 and 6)
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Why Action is Necessary
Section 161.101(4), Florida Statutes, authorizes local governments and the FDEP to enter into cooperative agreements to improve, further, and expedite the state’s beach management program. Board action is necessary to approve the amended grant agreement to allow additional time to complete design and permitting for the Sand Bypass Project and subsequent reimbursement of funds.
What Action Accomplishes
The action approves a twenty-four-month extension in the grant agreement with the Florida Department of Environmental Protection to allow reimbursement of up to $1,231,250 from FDEP Beach Management Funding Assistance 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 MOTION.
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.”
The Port Everglades Sand Bypass Project creates infrastructure on the north side of Port Everglades Inlet in Broward County, Florida to facilitate the collection and storage of beach compatible sand for future transfer to the south side of the inlet. Sand bypassing at Port Everglades has physical and economic benefits to sand management at the inlet and along the Segment III shoreline. It also benefits the Federal navigation project by reducing and/or eliminating sand shoaling of the channel. The sand bypass project has local support by various cities and environmental stakeholders and contains the components vital to a successful regional sediment management program. The sand bypass project increases the resilience of critical natural resources and $345 million in existing infrastructure.
Agreement number 19BO3 (Agenda Item No. 36, October 20, 2020) provides for $1,231,250 in State funds as the FDEP share of non-federal costs related to design and permitting for the Port Everglades Sand Bypass Project. Construction has been delayed due to the need for re-consultation for the recently listed queen conch, which is expected to take up to 12 months. The Second Amendment to Agreement Number 19BO3 provides for an additional twenty-four-month retroactive extension of the Agreement Begin Date.
Receipt of the grant funds requires the use of the FDEP’s form agreement, which does not contain Broward County’s standard contract terms. The agreement, as amended, contains 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 agreement may be terminated for convenience by FDEP, but not by the County. Venue for any disputes is in Second Judicial Circuit of Florida. The agreement also allocates the local share of the estimated project costs.
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
The fiscal impact is a not-to-exceed amount of $1,641,666 from the Beach Renourishment Capital Program. Per the grant agreement, FDEP will reimburse up to $1,231,250 for eligible project tasks to the County.