HomeMy WebLinkAboutR-2004-027 Beach Renourishment (Shore Protection) FIRST Amendment RESOLUTION NO. 2004-027
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING
THE PROPER CITY OFFICIALS TO EXECUTE A FIRST AMENDMENT TO AN
INTERLOCAL AGREEMENT EXISTING BETWEEN THE CITY AND BROWARD
COUNTY, RELATING TO THE SHORE PROTECTION PROJECT (BEACH RE-
NOURISHMENT COST SHARING AGREEMENT); PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA:
Section 1. That the proper City officials are authorized to execute a First
Amendment to an Interlocal Agreement existing between the City and Broward County, relating
to the shore protection project (beach re-nourishment cost sharing agreement), a copy of which
Amendment is attached to this Resolution.
Section 2. That the Finance Director is authorized to appropriate an additional
$6,917.00 from the "Capital Project Fund" fund balance.
Section 3. That all resolutions or parts of resolutions in conflict with this resolution
are repealed to the extent of such conflict.
Section 4. That this resolution shall be in force and take effect immediately upon its
• passage and adoption.
PASSED AND ADOPTED on February 24, 2004.
OB ANTON
MAYOR— COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER CHUNN - YES
-� COMMISSIONER FLURY - YES
MI AM NASSER COMMISSIONER MIKES - YES
ACTING CITY CLERK VICE-MAYOR MCELYEA - YES
MAYOR ANTOW YES
APPROVED AS T FO AND CORRECTNESS:
BY:
T OM S J. ANSBRO
CITY ATTORNEY
1 RESOLUTION NO. 2004-027
s
,. FLORIDA
March 4, 2004
Mr. Stephen Higgins
Beach Erosion Administrator
Broward County
Department of Planning and Environmental Protection
218 S.W. Vt Avenue
Fort Lauderdale, FL 33301
RE: FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN
BROWARD COUNTY AND THE CITY OF DANIA BEACH RELATING TO THE
BROWARD COUNTY, SEGMENT III, SHORE PROTECTION PROJECT
• Dear Mr. Higgings:
On February 24, 2004, the Dania Beach City Commission adopted
Resolution No. 2004-027 approving the above amendment to the agreement.
We are enclosing three (3) originals of the amendment for execution by
Broward County. Upon execution, please return one original for our records.
Thank you for your assistance in this matter. If you have any questions,
please contact Bonnie Temchuk, Assistant to the City Manager, at 954-924-
3613.
Sincerely,
C—
Miriam Nasser
Acting City Clerk
Enclosures
"Broward's First City"
100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 vvww.ci.danJa-beach.fl.us
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VA R, D
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DEPARTMENT OF PLANNING AND ENVIRONMENTAL PROTECTION-Administration
218 S.W. 1'Avenue•Fort Lauderdale, Florida 33301 •954-519-1200•FAX 954-519-1493
January 6, 2004
Mr. Ivan Pato, City Manager
City of Dania Beach
100 West Dania Beach Blvd.
Dania Beach,FL 33004
Dear Mr. Pato:
Attached is a First Amendment to the Interlocal Agreement between the City of Dania Beach and Broward County
for the Broward County, Segment III, Shore Protection Project. The amendment revises the apportionment of
project costs as explained in Roger Desjarlais' letter to you dated November 18, 2002 (also attached). Revised
Exhibits are also included.
Please review the amendment. If acceptable, please have it executed in at least three(3) originals and return to me
for execution by the Board of County Commissioners. Should you or your staff wish to discuss the amendment, I
can be reached at 954-519-1230 or Assistant County Attorney Michael Owens can be contacted at 954-357-7614.
Thank you for your consideration.
Sincerely
ep en gg
Beach Erosion Administrator
attachments
c (w/o attach): Elliot Auerhahn, Acting Director, DPEP
Eric Myers, Director,Biological Resources Division
Michael Owens, Assistant County Attorney
Browan: County Board of-..County Commissioners
Josephus Eggelletion, Jr. •Ben Graber•Sue Gunzburger•Kristin D. Jacobs• Ilene`Lieberman • Lori Nance,Parrish •John E. Rodstrom, Jr. •James A. Scott•Diana Wasserman-Rubin
www.broward org/deep
• FIRST AMENDMENT to INTERLOCAL AGREEMENT
Between
BROWARD COUNTY
and
CITY OF DANIA BEACH
relating to the
BROWARD COUNTY, SEGMENTS II AND III,
SHORE PROTECTION PROJECT
This is a First Amendment to the Agreement between BROWARD COUNTY,
hereinafter referred to as "COUNTY" and CITY OF DANIA BEACH, hereinafter referred
to as "CITY."
WHEREAS, on October 1, 2002 COUNTY and CITY entered into an Agreement,
hereinafter referred to as "Agreement"; and
WHEREAS, COUNTY desires to amend the Agreement to reflect that Segment II
and Segment III will be constructed separately and at different times, and that cost
estimates for the work have changed; and
WHEREAS, the PROJECT is now defined as only Segment III of the work, as
more particularly described in Exhibit "A-1", attached hereto and incorporated herein;
NOW, THEREFORE,
IN CONSIDERATION of the promises, mutual covenants, and obligations
hereinafter stated, the parties hereto agree as follows:
1. Exhibit "A" is hereby amended as shown in Exhibit "A-1".
2. Exhibit "B" is hereby amended as shown in Exhibit "B-1".
3. Section 1.2 is hereby amended to read as follows:
1.2 COUNTY agrees that all monies contributed by CITY pursuant to this
Agreement shall be expended in accordance with Exhibit "B-1", "Estimated
Costs," attached hereto and incorporated herein. All monies shall be
J
expended exclusively for the PROJECT, and in accordance with permit
• conditions, construction contract documents, plans, and specifications for
the PROJECT.
4. Section 3.1 is hereby amended to read as follows:
3.1 Within thirty (30) days from notice from the COUNTY that beach fill
construction has commenced on the CITY'S beach, CITY shall pay to
COUNTY an amount equal to the CITY'S estimated share of the total
PROJECT cost, as specified in Exhibit "B-1".
5. Section 3.2 is hereby amended to read as follows:
3.2 The maximum financial contribution of the CITY shall not exceed One and
57/100 Percent (1.57%) of the local shares of the PROJECT, as reflected
on Exhibit "B-1". Local costs are defined as those PROJECT costs which
are not funded by the Federal Government or the State of Florida.
6. Section 3.3 is hereby amended to read as follows:
3.3 CITY and COUNTY agree that the costs set forth in Exhibit "13-1" are
estimated and are subject to change based upon actual bid costs and
• Federal and State contributions to the PROJECT.
7. Section 3.4 is hereby amended to read as follows:
3.4 No later than three (3) years after completion of the PROJECT, the CITY
and COUNTY shall make whatever payments or refunds are necessary so
that the CITY'S share of the actual PROJECT local costs is equal to One
and 57/100 Percent (1.57%).
8. Except to the extent amended herein, the Agreement shall remain in full force
and effect. In the event of any conflict between the terms of the First
Amendment and the Agreement, the parties hereby agree that this document
shall control.
[INTENTIONALLY LEFT BLANK]
FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND
CITY OF DANIA BEACH relating to the BROWARD COUNTY SEGMENTS II AND III, SHORE
• PROTECTION PROJECT
CITY OF DANIA BEACH
Attest:
�" By
May r-Commissioner
City Clerk J day of 20�'
r -
By /
City Manager
V day of 1 '`"rL4, 20
L�
APPROVED AS TO FORM: A
,t
By
City At orney
•
IN WITNESS WHEREOF, the parties hereto have made and executed this
• Agreement: BROWARD COUNTY through its BOARD OF COUNTY
COMMISSIONERS, signing by and through its Mayor or Vice Mayor, authorized to
execute same by Board action on the 11'�f day of , 20 c, and
CITY, signing by and through its duly authorized to
execute same.
COUNTY
ATTEST:j BROWARD COUNTY, by and through
its Board of County Commissioners
Brow d ounty AdmiNstr ator;as
Ex-officio Clerk of the Broward County ~Mayor
r _
r r
Board of County Commissroners
J i day of _ 20 a
Approved as to form
UY
Office of the County Attorney
t. for Broward County, Florida
EDWARD A. DION, County Attorney
Governmental Center, Suite 423
o 115 South Andrews Avenue
• Insurance regty *ements Fort Lauderdale, Florida 33301
approved by Broward'County Telephone: (954) 357-7600
Risk Management Division Telecopier: (954) 357-7641
By
(Date) (Date)
Assistant County Attorney
EXHIBIT "A-V
• Broward County, Segment III, Shore Protection Project
January 7, 2004
Project Description:
The project consists of the nourishment of approximately 6.8 miles of critically eroding shoreline
within Segment III of Broward County (Port Everglades to the South County Line). About 1.5 million
cubic yards of compatible sand will be placed on the subject beaches, which will include all or part of
John U. Lloyd Beach State Recreation Area (JUL), Dania Beach, Hollywood, and Hallandale Beach.
Sand for the project will be obtained from five borrow sites located offshore of Lauderdale-By-The-
Sea, Pompano Beach, Hillsboro Beach, and Deerfield Beach. Further, in order to reduce the
substantial losses of material downdrift of the Port Everglades Inlet, a spur and two t-head groins are
proposed to be constructed adjacent to the south jetty of the inlet. The attached drawings illustrate the
current project design.
Locations:
Segment III: Beach nourishment has previously occurred between DEP monuments R86 and R92
(John U. Lloyd Beach State Park)and between R100 and R128 (Dania Beach Pier to the Miami-Dade
County line). The proposed project will place beach fill in these same areas, with the addition of
extended tapers to maintain the integrity of the project beach. Total volume of material is expected to
be 1,540,000 cubic yards. In order to increase the durability of the fill at JUL, a spur is proposed at
• the south jetty of Port Everglades Inlet and two t-head groins are proposed to be constructed. One
groin will extend from the seawall at the Naval Surface Warfare Center's Fort Lauderdale Testing
Facility adjacent to the Port Everglades channel and the other will be located approximately 200 feet
south of the facility within the boundaries of JUL.
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BR-'u6
ARD
N COUN TY
ROGER DESIARLAIS, County Administrator
115 S. Andrews Avenue, Room 409 • Fort Lauderdale, Florida 33301 954-357-7350 • FAX 954-357-7360
November 18, 2003
Mr. Ivan Pato, City Manager
City of Dania Beach
100 West Dania Beach Blvd.
Dania Beach, FL 33304
Subject: Broward County, Segment III, Shore Protection Project,
Changes in Local Cost Apportionment
Dear Mr. Pato:
The purpose of this memo is to inform you that costs to the City of Dania Beach for the Shore Protection
Project have increased over what was estimated in the existing agreement between the County and the
City. An amendment to reflect the change to that agreement is being reviewed at this time by the County
Attorney's Office.
eAs you recall, the County and the City entered into an agreement about a year ago in order to formalize
haring of the costs of the Shore Protection Project. In that agreement, the apportionment of costs was
predicated on all beaches being constructed as one project, and thus all participating cities would share in
the costs of the entire project. The amendment is necessary to reflect the fact that Segment III of the
project (Port Everglades to south County line) will now be constructed separately from and prior to
Segment II (Hillsboro Inlet to Port Everglades). This bifurcation of the project was mandated by the
Governor and Cabinet, who withheld approval of Segment II pending the results of 18 months of
monitoring the completed Segment III project. Separation of the projects was also the only way that
construction of Segment III could proceed expeditiously, unencumbered by issues unique to Segment II.
Now, with the federal approval process moving forward, Segment III is on track for a spring-summer 2004
bid and construction start, while Segment 11 construction is delayed until at least the fall of 2007.
From the standpoint of municipal participation, the consequence of separating the two projects is that
apportionment of costs will revert to the model used for past beach nourishment projects, i.e., Segment III
cities will now share in the costs of Segment III construction only, and likewise for Segment II cities.
Combined with the fact that certain estimated costs have increased, these developments mean that the
percentage of costs to be paid by the cities, as well as estimated maximum costs to the cities, have
changed. These changes have resulted in estimated cost increases for the City of Dania Beach. The
estimates are, as they were for past projects, based on the County assuming 75% of the local (non-
federal, non-state) costs. The dollar amounts are as follows:
Entity Est. Cost for Segments II and III Est. Cost for Segment III Only
(Current Agreements, $) (Proposed Amendments, $)
Dania Beach 77,664 106,917
Broward Cou nty Board o€County Comrrtssloners
Josenhus Eggelletion,Jr. • Ben Graber• Sue Gunzburger Kristin C) Jacobs Ilene Lieberman Lori Nanc John E.Rodstrom,Jr. •Jim Scott• Diana Wasserman-Rubin
www'proward.org -"
A
Mr. Ivan Pato, City Manager
Page 2
0November 18, 2003
We anticipate that the amendment will be forwarded to the City for approval and execution before the end
of the year.
Thank you, and please let me know if you have questions or need additional information.
Sincerely,
Roger J. Desjadais
County Administrator
RJD:PLM:Ir
GAcalpamWania.interlocal
cc: Commissioner John E. Rodstrom, Jr., District 7
Ed Dion, County Attorney
Evan Lukic, County Auditor
Pamela L. Madison, Assistant to the County Administrator
Kayla Olsen, Director, Budget Services
Elliot Auerhahn, Acting Director, Department of Planning and Environmental Protection
Broward County Board of County Commissioners
Josephus Eggelletion,Jr.•Ben Graber•Sue Gunzburger•Kristin D.Jacobs•Ilene Lieberman•Lori Nance Parrish•John E.Rodstrom,Jr.•James A.Scott•Diane Wasserman-Rubin
INTERLOCAL AGREEMENT
Between
BROWARD COUNTY
and
CITY OF DANIA BEACH
relating to the
BROWARD COUNTY, SEGMENTS II AND III,
SHORE PROTECTION PROJECT
This is an Agreement, made and entered into by and between: BROWARD
COUNTY, a political subdivision of the State of Florida, acting by and through its Board of
County Commissioners, hereinafter referred to as "COUNTY,"
AND
CITY OF DANIA BEACH, a municipal corporation existing under the laws of the
state of Florida, hereinafter referred to as "CITY."
WHEREAS, this Agreement is entered into pursuant to §163.01, Florida Statutes,
also known as the "Florida Interlocal Cooperation Act of 1969"; and
WHEREAS, the United States, the State of Florida, COUNTY, and CITY intend to
engage in a cooperative effort to restore and replenish the beach in the CITY and in other
locations by means of the Broward County, Segments II and III, Shore Protection Project,
hereinafter called PROJECT, as more particularly described in Exhibit"A", attached hereto
and incorporated herein; and
WHEREAS, on December 8, 1998, COUNTY entered into an agreement with the
firms of Coastal Planning & Engineering, Inc. and Olsen Associates, Inc., Joint Venture,
hereinafter referred to as CONSULTANT, to develop the plans and specifications, and to
provide necessary engineering consulting services for the PROJECT; and
WHEREAS, the agreement with CONSULTANT, as amended, is hereby
incorporated herein by reference; and
WHEREAS, COUNTY is scheduled to solicit a dredge contractor, hereinafter
referred to as CONTRACTOR, capable of completing the required work in accordance with
the PROJECT plans and specifications; and
WHEREAS, CITY is desirous of contributing funds for the PROJECT; NOW,
. THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants and
payments hereinafter set forth, COUNTY and CITY agree as follows:
ARTICLE 1
SCOPE OF SERVICES
1.1 COUNTY shall cause the PROJECT to be completed in accordance with-permit
conditions, construction contract documents, plans, and specifications for the
PROJECT. CITY and COUNTY agree that COUNTY's performance under this
Agreement is subject to COUNTY obtaining all necessary permits and agreements,
subject to adequate funding assurances from Federal, State, and local
governments, and subject to a bid from the CONTRACTOR which is acceptable to
COUNTY.
1.2 COUNTY agrees that all monies contributed by CITY pursuant to this Agreement
shall be expended in accordance with Exhibit "B", "Estimated Costs," attached
hereto and incorporated herein. All monies shall be expended exclusively for the
PROJECT, and in accordance with permit conditions, construction contract
documents, plans, and specifications for the PROJECT.
1.3 COUNTY shall ensure that the PROJECT is constructed so that all material placed
onto the beach is beach-compatible sand in accordance with the approved technical
and environmental documents for the PROJECT.
1.4 COUNTY shall provide to the CITY access to all records and shall allow the audit
of any books, documents, and papers associated with the PROJECT.
1.5 CITY shall not deny COUNTY, CONTRACTOR, or CONSULTANT access to the
beach in connection with the performance of the PROJECT.
1.6 CITY shall have no duties, obligations, or responsibilities of any nature with respect
to the actual construction of the PROJECT except to provide its apportioned share
of the cost of the PROJECT.
ARTICLE 2
TERM OF AGREEMENT
The term of this Agreement shall begin upon execution by COUNTY and shall run for three
(3) years after completion of construction of CITY'S beach. Completion of construction
is defined as acceptance by COUNTY of satisfactory replenishment of the CITY'S beach
with sand to the lines and grades shown on the PROJECT plans, grooming and initial tilling
of the beach, removal of pipelines and equipment, and clean-up.
ARTICLE 3
COST APPORTIONMENT
3.1 Within thirty(30)days from notice from the COUNTY that beach fill construction has
commenced on the CITY'S beach, CITY shall pay to COUNTY an amount equal to
the CITY'S estimated share of the total PROJECT cost, as specified in Exhibit"B".
3.2 The maximum financial contribution of the CITY shall not exceed Zero and 80/100
Percent (0.80%) of the local shares of the PROJECT, as reflected on Exhibit "B".
Local costs are defined as those PROJECT costs which are not funded by the
Federal Government or the State of Florida.
3.3 CITY and COUNTY agree that the costs set forth in Exhibit "B" are estimated and
are subject to change based upon actual bid costs and Federal and State
contributions to the PROJECT.
3.4 No later than three (3) years after completion of the PROJECT, the CITY and
COUNTY shall make whatever payments or refunds are necessary so that the
CITY'S share of the actual PROJECT local costs is equal to Zero and 80/100
Percent (0.80%).
3.5 Payment shall be made to COUNTY at:
Broward County Accounting Division
115 S. Andrews Avenue, Room 203
Fort Lauderdale, FL 33301-4800
Payment should reference the Broward County Shore Protection Project.
ARTICLE 4
INDEMNIFICATION
CITY is a state agency and COUNTY is a political subdivision of the state of Florida
pursuant to Section 768.28, Florida Statutes. To the extent permitted by law, each agrees
to be fully responsible for acts and omissions of their agents or employees. Nothing herein
is intended to serve as a waiver of sovereign immunity by any party to which sovereign
immunity may be applicable. Nothing herein shall be construed as consent by a state
agency or political subdivision of the state of Florida to be sued by third parties in any
matter arising out this Agreement or any other agreement related to the subject rnatter
herein.
ARTICLE 5
TERMINATION
Up until the time that COUNTY notifies CITY pursuant to Section 3.1 that the PROJECT
will be commencing on the CITY's beach, this Agreement may be terminated by either
party upon thirty(30) days written notice to the other party of such termination pursuant to
Section 6.2, NOTICES. After COUNTY has provided the required notice to CITY and has
commenced the PROJECT on CITY's beach, CITY shall not be entitled to terminate this
Agreement.
ARTICLE 6
MISCELLANEOUS
6.1 THIRD PARTY BENEFICIARIES
Neither CITY nor COUNTY intend to directly or substantially benefit a third party by
this Agreement. Therefore, the parties agree that there are no third party
beneficiaries to this Agreement and that no third party shall be entitled to assert a
right or claim against either of them based upon this Agreement.
6.2 NOTICES
Whenever either party desires to give notice to the other, such notice must be in
writing, sent by certified United States Mail, postage prepaid, return receipt
requested, or by hand delivery with a request for a written receipt of
acknowledgment of delivery, addressed to the party for whom it is intended at the
place last specified. The place for giving notice shall remain the same as set forth
herein until changed in writing in the manner provided in this section. For the
present, the parties designate the following:
FOR BROWARD COUNTY:
County Administrator
115 South Andrews Avenue, Suite 409
Fort Lauderdale, Florida 33301
FOR CITY:
City Manager
City of Dania Beach
100 West Dania Beach Blvd.
Dania Beach, FL 33004
6.3 MATERIALITY AND WAIVER OF BREACH
COUNTY and CITY agree that each requirement, duty, and obligation set forth
herein is substantial and important to the formation of this Agreement and,
therefore, is a material term hereof.
COUNTY's failure to enforce any provision of this Agreement shall not be deemed
a waiver of such provision or modification of this Agreement. A waiver of any
breach of a provision of this Agreement shall not be deemed a waiver of any
subsequent breach and shall not be construed to be a modification of the terms of
this Agreement.
6.4 SEVERANCE
In the event a portion of this Agreement is found by a court of competent jurisdiction
to be invalid, the remaining provisions shall continue to be effective unless
COUNTY or CITY elects to terminate this Agreement. An election to terminate this
Agreement based upon this provision shall be made within seven (7) days after the
finding by the court becomes final.
6.5 JOINT PREPARATION
The parties acknowledge that they have sought and received whatever competent
advice and counsel necessary for them to form a full and complete understanding
of all rights and obligations herein and that the preparation of this Agreement has
been their joint effort. The language agreed to expresses their mutual intent and
the resulting document shall not, solely as a matter of judicial construction, be
construed more severely against one of the parties than the other.
6.6 PRIORITY OF PROVISIONS
If there is a conflict or inconsistency between any term, statement, requirement, or
provision of any exhibit attached hereto, any document or events referred to herein,
or any document incorporated into this Agreement by reference and a term,
statement, requirement, or provision of Articles 1 through 6 of this Agreement, the
term, statement, requirement, or provision contained in Articles 1 through 6 shall
prevail and be given effect.
6.7 JURISDICTION, VENUE, WAIVER OF JURY TRIAL
This Agreement shall be interpreted and construed in accordance with and
governed by the laws of the state of Florida. Any controversies or legal problems
arising out of this Agreement and any action involving the enforcement or
interpretation of any rights hereunder shall be submitted to the jurisdiction of the
state courts of the Seventeenth Judicial Circuit and venue for litigation arising out
of this Agreement shall be in such state courts. By entering into this Agreement,
CITY and COUNTY hereby expressly waive any rights either party may have to a
trial by jury of any civil litigation related to this Agreement.
6.8 AMENDMENTS
No modification, amendment, or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document prepared with the
same or similar formality as this Agreement and executed by the COUNTY and
CITY.
6.9 PRIOR AGREEMENTS
This document represents the final and complete understanding of the parties and
incorporates or supersedes all prior negotiations, correspondence, conversations,
agreements, and understandings applicable to the matters contained herein. The
parties agree that there is no commitment, agreement,or understanding concerning
the subject matter of this Agreement that is not contained in this written document.
Accordingly, the parties agree that no deviation from the terms hereof shall be
predicated upon any prior representation or agreement, whether oral or written.
6.10 NOINTEREST
Any monies which are the subject of a dispute regarding this Agreement and which
are not paid by CITY or COUNTY when claimed to be due shall not be subject to
interest. All requirements inconsistent with this provision are hereby waived by
CITY.
6.11 INCORPORATION BY REFERENCE
The truth and accuracy of each "Whereas" clause set forth above is acknowledged
by the parties. The attached Exhibits "A" and "B" are incorporated into and made
a part of this Agreement.
6.12 REPRESENTATION OF AUTHORITY
The individuals executing this Agreement on behalf of any entity do hereby
represent and warrant that they are, on the date of this Agreement, duly authorized
by all necessary and appropriate action to execute this Agreement on behalf of their
principal.
6.13 MULTIPLE ORIGINALS
Multiple copies of this Agreement may be executed by all parties, each of which,
bearing original signatures, shall have the force and effect of an original document.
[INTENTIONALLY LEFT BLANK]
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS,
signing by and through its Chair or Vice Chair, authorized to execute same by Board action
on the _I day of�7c �,`, , 20Cg,. and CITY, signing by and through its
duly authorized to execute same.
COUNTY
ATTEST: BROWARD COUNTY, by and through
its Board of County Commissioners
01
Broward County Administ ator, as B
Ex-officio Clerk of the Broward County Chair
Board of County Commissioners
day of +c��, . , 20 ba
J' { q�k.'M.dkllt' y.+s
CC�M�gts � Approved as to form by
»..,�e�i� Office of the County Attorney
x';� = �' for Broward County, Florida
a
X It EDWARD A. DION, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Insurance reqKull�ireme Fort Lauderdale, Florida 33301
approved 4 Br Co v Telephone: (954) 357-7600
Risk Management Division ''� Telecopier: (954) 357-7641
BV2 Li e�4 B
(Date) (Date)
Assistant County Attorney
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH
relating to the BROWARD COUNTY, SEGMENTS II AND III, SHORE PROTECTION PROJECT
CITY OF DANIA BEACH
Attest: /� �1
- '
By 't'� (24(LtAl) V)
Mayor-Commissioner
City CI r day of , 20 0 y
By
-/ City Manager
day of , 20 0
APPROVED AS TO FORM:
By �R
i Attorney
EXHIBIT "A"
Broward County, Segments II and III, Shore Protection Project
June 19, 2002
Project Description: The project consists of the nourishment of approximately 11.8 miles of
critically eroding shoreline within Segment II (Hillsboro Inlet to Port Everglades) and Segment III
(Port Everglades to the South County Line). About 2.5 million cubic yards of compatible sand will be
placed on the subject beaches, which will include portions of south Pompano Beach, south
Lauderdale-By-The-Sea, north and central Fort Lauderdale, north John U. Lloyd Beach State
Recreation Area(JUL),Dania Beach(taper only), Hollywood, and Hallandale Beach. Sand for the
project will be obtained from seven borrow sites located offshore of Lauderdale-By-The-Sea,Pompano
Beach, Hillsboro Beach, and Deerfield Beach. Further, in order to reduce the substantial losses of
material downdrift of the Port Everglades Inlet, a spur and two t-head groins are proposed to be
constructed adjacent to the south jetty of the inlet. The attached drawings illustrate the current project
design. The attached design is subject to change in accordance with state and federal permit
conditions, which are presently in negotiation
Location:
Segment II: Previously constructed areas, for which an Erosion Control Line is established and
recorded, lie between R25 and R53. For the proposed project, beach fill will be placed between DEP
monuments R37 and R42 (SE 40' Street in Pompano Beach, to the Ocean Colony Condominium in
Lauderdale-By-The-Sea) and between monuments R52 and R72 (-300 feet south of Anglin's Pier in
Lauderdale-By-The-Sea to Terramar St in Fort Lauderdale.)
Summent III: Beach nourishment has previously occurred between DEP monuments R86 and R92
(John U. Lloyd Beach State Park) and between R100 and R128 (Dania Beach Pier to the Miami-Dade
County line). The proposed project will place beach fill in these same areas, with the addition of
extended tapers to maintain the integrity of the project beach. Total volume of material is expected to
be 930,000 cubic yards. In order to increase the durability of the fill at JUL, a spur is proposed at the
south jetty of Port Everglades Inlet and two t-head groins are proposed to be constructed. One groin
will extend from the seawall at the Naval Surface Warfare Center's Fort Lauderdale Testing Facility
adjacent to the Port Everglades channel and the other will be located approximately 200 feet south of
the facility within the boundaries of JUL.
•
9,
CITY OF DANIA BEACH VIA i
MEMORANDUM
TO: Ivan Pato, City Manager
CC: Patty Varney, Finance Director
Miriam Nasser, Acting City Cleric
FROM: Tom Ansbro, City Attorney `
DATE: February 10, 2004
RE: Proposed First Amendment to City-Broward County Interlocal Agreement for
Cost-Sharing of Beach Re-Nourishment Project
Attached are copies of a January 6, 2004 letter (and its attaclunents: a First Amendment
® to Interlocal Agreement, its Exhibits and an explanatory letter from. the County Administrator)
sent to you by Steve Higgins, the Beach Erosion Administrator for the Broward County
Department of Planning and Enviromnental Protection. I spoke to him and he advised that the
estimate of the City's share of the beach re-nourishment program has been adjusted upwards (as
it also was for Hollywood and Hallandale Beach), subject to a "true-up" once the actual costs are
identified (which in any case is to be done no later than three years after the project is
completed).
While the new estimated cost is significant ($106,917.00 as compared to the original
estimate of $77,664.00), the increase is expected because the shoreline restoration project will
not be conducted for all beaches in the County, as originally expected. The City "signed off' on
the original amount pursuant to an Interlocal Agreement in 2002. The "good news" is that the
"Segment III" work, which will affect our beach, is slated to begin this year (extending from Port
Everglades, then south to the County line), while the project for the northern beaches will be
deferred until 2007.
Consequently, after the Finance Director has had an opportunity to review the materials,
this is ready for Commission approval. An authorizing Resolution has been drafted and is also
attached.
566.028
TJA:slw
Attachments