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AI- 20657   53.    
Broward County Commission Regular Meeting
Meeting Date: 11/10/2015  
Director's Name: Cynthia Chambers
Department: Environmental Protection Division: Environ. Planning & Comm. Resilience

Information
Requested Action
A. MOTION TO APPROVE the Project Partnership Agreement (PPA) with the U.S. Army Corps of Engineers for construction of the Segment II Shore Protection Project in substantially the form attached as Exhibit 1 and authorize the County Administrator to take any and all necessary actions required for execution subject to final review and approval as to form by the Office of the County Attorney. (Commission District 4)

ACTION: (T-10:37 AM) Approved with the Yellow-Sheeted Additional Material, dated November 10, 2015, submitted at the request of Environmental Protection and Growth Management Department.  The Board requested that County Administrator Bertha Henry's letters dated October 14, 2015 and October 30, 2015, be made a part of the record to this day's meeting.  (Refer to minutes for full discussion.)

VOTE: 9-0.

B. MOTION TO APPROVE the Interlocal Agreements (ILAs) with the City of Fort Lauderdale, the City of Pompano Beach, and the Town of Lauderdale-by-the Sea in substantially the form attached as Exhibits 2, 3, and 4 which establish local participation in the Segment II Shore Protection Project and authorize the County Administrator to take any and all necessary actions required for execution subject to final review and approval as to form by the Office of the County Attorney.  (Commission District 4)

ACTION: (T-10:37 AM) Approved with the Yellow-Sheeted Additional Material, dated November 10, 2015, submitted at the request of Environmental Protection and Growth Management Department.  The Board requested that County Administrator Bertha Henry's letters dated October 14, 2015 and October 30, 2015, be made a part of the record to this day's meeting. (Refer to minutes for full discussion.)

VOTE: 9-0.

C. MOTION TO APPROVE contract for construction of the Segment II Shore Protection Project, including services for beach fill and artificial reef construction, in substantially the form attached as Exhibit 5; delegation of award approval; and authorize County Administrator to take any and all necessary actions to provide for timely award and execution of the contract, subject to final review and approval as to form by the Office of the County Attorney and Risk Management Division.  (Commission District 4)

ACTION: (T-10:37 AM) Approved with the Yellow-Sheeted Additional Material, dated November 10, 2015, submitted at the request of Environmental Protection and Growth Management Department.  The Board requested that County Administrator Bertha Henry's letters dated October 14, 2015 and October 30, 2015, be made a part of the record to this day's meeting. (Scrivener’s Error – See County Administrator’s Report: Motion C currently reads: Approve contract for construction…and should read::…Approve contracts for construction…)(Refer to minutes for full discussion.)

VOTE: 9-0.
Why Action is Necessary
A. Delegation of authority by the Board of County Commissioners is required for the County Administrator to execute the Segment II Project Partnership Agreement on behalf of the Broward County Board of County Commissioners.

B. Delegation of authority is required in order for the County Administrator to approve interlocal agreements on behalf of the Broward County Board of County Commissioners.

C. In accordance with Broward County Procurement Code, contracts or agreements exceeding the award authority of the Director of Purchasing must be approved by the Board of County Commissioners.
What Action Accomplishes
A. Authorizes the County Administrator to execute the Project Partnership Agreement with the U.S. Army Corps of Engineers, required before awarding the bid for the Segment II Shore Protection Project.

B. Authorizes the County Administrator to execute the Interlocal Agreements providing for participation in the Segment II Shore Protection Project with municipal partners.

C. Authorizes the County Administrator to take actions as may be deemed necessary to award the bid for construction of the Segment II Shore Protection Project.
Is this Action Goal Related
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 County Commission’s Vision of “A Pristine, Healthy Environment”, Goal 1, “Protect and Enhance the Environment” through ensuring that 95% of publicly accessible beaches are sufficient in dimension (i.e., >75 feet in width) to provide storm protection, recreational opportunities, and sea turtle nesting habitat through 9/30/2020.

The Segment II Shore Protection Project will reconstruct areas of eroded beach and increase storm protection to upland development along portions of the municipalities of Fort Lauderdale, Pompano Beach and Lauderdale-By-The-Sea. The project will place approximately 750,000 cubic yards of sand along 4.9 miles of shoreline. The current project schedule anticipates receipt of documents (ILAs and PPA) and responses to Bid. No. T1386005C1 (construction of beach project) in late 2015.

In order to ensure expeditious commencement of the Segment II Shore Protection Project upon receipt of all requisite documents, the proposed motions seek Board authorization for the County Administrator to execute the requisite contracts and agreements.

The Project Partnership Agreement currently reflects a 55% Federal cost share in the Segment II project. Participation by the State of Florida is provided at 25% of the non-federal share. The remaining local cost share is established in the Interlocal Agreements (ILAs) at 67% County and 33% municipalities. The municipal cost share is further allocated among partners based on the amount of relative amount of sand fill to be placed within each jurisdiction, estimated at 72.4% for the City of Fort Lauderdale, 22.3% for the City of Pompano Beach, and 5.3% for the Town of Lauderdale by the Sea.

The ILA with the City of Pompano Beach provides the standard terms and conditions for cost-sharing and repayment of the project, which the other agreements with the City of Fort Lauderdale and Town of Lauderdale-By-The-Sea were based upon with minor modifications to form. The ILA with the City of Fort Lauderdale provides for a reimbursement to the County for emergency sand placement associated with Tropical Storm Sandy and A1A rehabilitation. The ILA with Lauderdale-by-the-Sea establishes the Town's maximum participation at $350,000 reflecting the need for additional sand placement within the project taper for stabilization of the broader Segment II project. The ILA provides that the difference in cost, if needed, will be provided by the County. A three-year timeline is provided for municipal reimbursement to the County for Segment II cost share participation.

The Draft PPA and ILA's have been reviewed and approved as to form by the County Attorney.
Source of Additional Information
Jennifer Jurado, Director, Environmental Planning and Community Resilience Division, 954-519-1464

Fiscal Impact
Fiscal Impact/Cost Summary:
The County’s Adopted Five Year Capital Program provides for the County to fund all costs that are not reimbursed by the Federal Government, the State, and applicable municipalities, as shown on Exhibit 6. The County’s share is funded primarily with Tourist Development Taxes.
Attachments
Exhibit 1 - Project Partnership Draft Agreement
Exhibit 2 - Fort Lauderdale Draft Interlocal Agreement
Exhibit 3 - Pompano Beach Draft Interlocal Agreement
Exhibit 4 - Lauderdale-by-the-Sea Draft Interlocal Agreement
Exhibit 5 - Segment II Bid Packet
Exhibit 6 - Beach Renourishment Capital Program
Additional Material - Information
Additional Material - Information

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