Accessibility Statement

File #: 24-1509   
Status: Agenda Ready
In control: RESILIENT ENVIRONMENT DEPARTMENT
Agenda Date: 12/10/2024 Final action: 12/10/2024
Title: MOTION TO APPROVE First Amendment to Florida Department of Environmental Protection (FDEP) Agreement No. 22BO1 for cost-sharing of the Segment III Shore Protection Project, providing for $567,102 in 2021/2022 legislative appropriations and for a no-cost, 12-month extension of the grant agreement term from January 1, 2025, to December 31, 2025, and authorizing the Mayor and Clerk to execute the same; authorize the County Administrator, after review and approval 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 authorize the County Administrator to take all necessary administrative and budgetary actions to implement the Agreement as amended. (Commission District 6)
Indexes: Established Commission Goals
Attachments: 1. Exhibit 1 - 22BO1 Agreement, 2. Exhibit 2 - 22BO1_A1
Date Action ByActionResultAction DetailsMeeting DetailsVideo
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Broward County Commission Regular Meeting                               

Director's Name:  Leonard Vialpando

Department:                       Resilient Environment       Division:  Administration

 

Information

Requested Action

title

MOTION TO APPROVE First Amendment to Florida Department of Environmental Protection (FDEP) Agreement No. 22BO1 for cost-sharing of the Segment III Shore Protection Project, providing for $567,102 in 2021/2022 legislative appropriations and for a no-cost, 12-month extension of the grant agreement term from January 1, 2025, to December 31, 2025, and authorizing the Mayor and Clerk to execute the same; authorize the County Administrator, after review and approval 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 authorize the County Administrator to take all necessary administrative and budgetary actions to implement the Agreement as amended. (Commission District 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 for the purpose of improving, furthering, and expediting the state’s beach management program. Board action is necessary to approve the amended grant agreement providing additional time to complete design and permitting for Segment III of the Broward County Shore Protection Project and subsequent reimbursement of funds.

 

What Action Accomplishes

The action approves a twelve-month extension of the grant agreement with the Florida Department of Environmental Protection to allow reimbursement of up to $567,101 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.”

 

Background:

 

The Segment III Shore Protection Project (“Project”) is located along the southern portion of the Broward County shoreline, between Port Everglades Inlet and the Broward County/Miami-Dade County line. The Project supports tourism and the local economy and provides critical habitat to marine life. It is 8.1 miles in length and fronts the Dr. Von D. Mizell-Eula Johnson State Park, City of Dania Beach, City of Hollywood, and City of Hallandale Beach. A federal Flood Control and Coastal Emergency Segment III Shore Protection Project placed approximately 900,000 cubic yards of sand from 2021-2024. Design, permitting, and construction of a dune component to supplement the federal sand placement is in process. Post-construction monitoring is also being performed to assess project performance of the sand placement, and dune construction is expected to enhance long-term stability of the sand.

 

Agreement number 22BO1 (Exhibit 1) provided for $567,101 in State funds as the FDEP share of non-federal costs for design and permitting (Agenda Item No. 33, September 20, 2022). The First Amendment to Agreement Number 22BO1 (Exhibit 2) provides for a 12-month extension of the Agreement Term to December 31, 2025.

 

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 or cause by FDEP, but not by the County. Venue for any disputes is in Second Judicial Circuit of Florida. Nonperformance by the County can result in a corrective action plan, withheld payments, or reduction in invoiced funds, and this agreement is subject to retainage. The agreement also estimates the federal and local cost shares of the estimated project costs. The local cost share is estimated to be $572,801 in addition to the estimated federal project funding and the funding provided by the state through the Agreement and this First Amendment.

 

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

Per the grant agreement, FDEP will reimburse up to $567,101.50 for eligible project tasks to the County.