Broward County Commission Regular Meeting
Director's Name: Leonard Vialpando
Department: Environmental Protection Division: Environmental Planning & Comm. Resilience
Information
Requested Action
title
A. MOTION TO APPROVE Cooperation Agreement with the U.S. Army Corps of Engineers for the post-storm Segment III Rehabilitation Project, in substantially the form attached as Exhibit 2, and authorize the County Administrator to execute and take all necessary administrative and budgetary actions required for execution subject to final review and approval as to form by the Office of County Attorney. (Commission Districts 6 and 7)
ACTION: (T-10:57 AM) Approved.
VOTE: 9-0. Commissioner Rich and Vice-Mayor Geller voted in the affirmative telephonically.
B. MOTION TO APPROVE Certification of Lands with the U.S. Army Corps of Engineers for the post-storm Segment III Rehabilitation, in substantially the form attached as Exhibit 4, and authorize the County Administrator to execute and take all necessary administrative and budgetary actions required for execution, subject to final review and approval as to form by the Office of County Attorney. (Commission Districts 6 and 7)
ACTION: (T-10:57 AM) Approved.
VOTE: 9-0. Commissioner Rich and Vice-Mayor Geller voted in the affirmative telephonically.
body
Why Action is Necessary
A. Board of County Commissioners approval is required for agreements and delegation to the County Administrator to execute the Segment III Cooperation Agreement.
B. Board of County Commissioners approval is required for agreements and delegation to the County Administrator to execute the Segment III Certification of Lands.
What Action Accomplishes
A. Approves the Cooperation Agreement and authorizes execution by the County Administrator.
B. Approves the Certification of Lands and authorizes execution by the County Administrator.
Is this Action Goal Related
Yes
Previous Action Taken
None
Summary Explanation/Background
THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT AND THE ENVIRONMENTAL PLANNING AND COMMUNITY RESILIENCE DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTIONS.
This item supports the Board’s Value of “Encouraging investment in renewable energy, sustainable practices and environmental protection” and Goal 2: Proactively lead in the planning, design and construction of projects to support community resilience and climate adaptation by ensuring that publicly accessible beaches are sufficient in dimension (i.e. >75 feet in width) to provide storm protection, recreational opportunities, and sea turtle nesting habitat.
In April 2018, the U.S. Army Corps of Engineers (USACE), Jacksonville District, completed Project Information Reports (PIRs) for Hurricane Irma impacts to the previously constructed Broward County Segment II and Segment III Shore Protection Projects. These reports were subsequently approved by the South Atlantic Division and Headquarters (Washington, D.C.) on May 30, 2018. Following the approval of the Bipartisan Budget Act of 2018, disaster recovery Flood Control and Coastal Emergency (FCCE) funding was provided for the rehabilitation of Hurricane Irma damage to the previously constructed portions of the Segment II and Segment III Shore Protection Projects. The USACE prioritized partial restoration of the Segment III Project for initial sand placement, with Segment II rehabilitation and a potentially larger Segment III rehabilitation project to follow. The initial sand placement for Segment III partial restoration was completed in 2019. The current item advances the Segment III Project coordination.
The current Segment III beach restoration project includes almost the entire coastline extending from the Port Everglades Inlet south to Hallandale Beach, inclusive of beaches within the cities of Dania Beach, Hollywood, and Hallandale Beach. The USACE plans to place sand on both the dry beach (above the mean high water line) and in the water, depending on the severity of erosion. Both the Cooperation Agreement and Certification of Lands allow for the USACE to place sand along the county’s coastline. Coordination is ongoing with the local municipalities to accommodate project needs.
Based on the post-Hurricane Irma beach survey, erosion damage to this stretch of beach was calculated to be approximately 1,015,400 cubic yards of sand. This volume is identified as the rehabilitation volume in the referenced Cooperation Agreement at an estimated project cost of $58,545,000. The USACE intends to plan, design, engineer, and construct the project. Pursuant to the Cooperation Agreement, (Exhibit 2, and standard form agreement of the USACE), Broward County has the responsibility of obtaining the requisite real estate needs such as easements, beach access, and maintenance. It is anticipated that the County’s contribution to the Project will be any project cost overruns and betterments (such as beach dunes or other structures). The Cooperation Agreement requires the County to hold the USACE harmless from damages arising from the project unless due to the fault or negligence of the USACE or its contractors and is responsible for the compliance with federal law related to hazardous materials if any are discovered on land necessary for the project. The Certification of Lands for this project (Exhibit 4) requires the County to certify that it is providing sufficient interests in lands.
In order to meet the strict timeline requirements provided by the USACE for the post-Hurricane Irma rehabilitation of the Segment III Shore Protection Project, expedited execution of all requisite documents is required. The USACE is requesting that all project contracts and agreements be executed by mid-September, with project construction anticipated to start January 2021. County staff is coordinating with federal and local partners and property owners to obtain requisite easements prior to final legal review and approval of Certification of Lands. The proposed motions seek the Board of County Commissioner’s authorization for the County Administrator to execute these requisite contracts and agreements upon final legal approval.
Source of Additional Information
Dr. Jennifer Jurado, Chief Resilience Officer and Deputy Director, Environmental Protection and Growth Management Department, (954) 519-1464
Fiscal Impact
Fiscal Impact/Cost Summary
There are no direct fiscal impacts of this action.