Broward County Commission Regular Meeting
Director's Name: Leonard Vialpando
Department: Public Works and Environmental Services
Division: Administration
Information
Requested Action
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A. MOTION TO APPROVE Second Amendment to Florida Department of Environmental Protection (“FDEP”) Agreement No. 22BO3 for cost-sharing of the monitoring for the Segment II of the Broward County Shore Protection Project, providing for $229,822 from additional 2025/2026 legislative appropriations, and a no-cost 24-month extension of the grant agreement term from January 1, 2026, to December 31, 2027; authorizing the Mayor and Clerk to execute the same; authorizing 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 costs or material risk to the County; and authorize the County Administrator to take all necessary administrative and budgetary actions to implement the Second Amendment. (Commission District 4)
B. MOTION TO ADOPT budget Resolution in the amount of $229,822 within the Beach Erosion Capital Outlay Fund for the purpose of recognizing Fiscal Year 2025/2026 grant funds from the FDEP.
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Why Action is Necessary
Motion A. 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.
Motion B. Board approval is necessary to receive and appropriate unanticipated grant revenues.
What Action Accomplishes
Motion A. Approves an additional $229,822 in State appropriations and a no-cost 24-month extension of the grant agreement with the FDEP for the Segment II Beach project.
Motion B. Recognizes/appropriates unanticipated grant funds.
Goal Related Icon(s)
☒County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
None taken.
Summary Explanation/Background
The Public Works and Environmental Services Department Recommends Approval of the Above Motions.
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 Segment II Shore Protection Project (“Project”) is located along the central portion of the Broward County shoreline, between Hillsboro Inlet and Port Everglades, comprising 4.9 miles in length and fronting the Town of Lauderdale-By-The-Sea, the City of Pompano Beach, and the City of Fort Lauderdale. The Project was constructed in 2016 and placed approximately 750,000 cubic yards of sand in addition to creating over 1.5 miles of additional dune habitat. The U.S. Army Corps of Engineers placed an additional 400,000 cubic yards of sand in the Project area in 2020 as a Flood Control Coastal Emergencies project.
Agreement number 22BO3 (Exhibit 1) provided for $74,208 in State funds as the FDEP share of non-federal costs for monitoring activities as part of the Project. The First Amendment to Agreement Number 22BO3 (Exhibit 2) provided an additional $259,691 in State funds as the FDEP share of non-federal costs for post-construction monitoring and a no-cost, 12-month extension of the Agreement Term to December 31, 2025. The Second Amendment to Agreement Number 22BO3 (Exhibit 3) provides for an additional $229,822 in State Funds as the FDEP share of non-federal costs for post-construction monitoring and a no-cost, twenty-four-month retroactive extension of the Agreement Term to December 31, 2027. The Second Amendment is backdated to July 1, 2019, to allow for reimbursement for work and expenditures incurred for the project starting in 2019.
Receipt of the grant funds requires the use of the FDEP’s form amendment, which does not contain Broward County’s standard contract terms. The Second Amendment includes revised 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. Specifically, the Second Amendment expands the subcontracting language to apply to all subrecipients and subawards. The federal audit threshold increased from $750,000 to $1,000,000, while the state audit threshold remains at $750,000. The agreements may be terminated for convenience or cause by FDEP, but not by the County. The agreements include language regarding suspension of work by FDEP for budgetary constraints and declarations of emergencies. Nonperformance by the County can result in a corrective action plan, withheld payments, or reduction in invoiced funds, and the agreements are subject to retainage. Force majeure events are the County’s only remedy with respect to delays in performance of work. FDEP’s liability is limited to damages no greater than unreimbursed amounts and a cap of $100,000. The venue for any disputes is in Second Judicial Circuit of Florida. The local cost share is estimated to be $649,072 in addition to the funding provided by the state through the Agreement and the First and Second Amendments.
Source of Additional Information
Dr. Jennifer Jurado, Chief Resilience Officer and Deputy Director, Public Works and Environmental Services Department, (954) 519-1464.
Fiscal Impact
Fiscal Impact/Cost Summary
This item recognizes the additional appropriation by the State for $229,822 within the beach capital fund. Initially, other non-grant revenues were used to fund the Segment II project. With this grant, surplus funds from this project line will be reallocated to support Hotspot projects within the beach capital fund. Per the grant agreement, FDEP will reimburse the County up to $563,720 for eligible project tasks.