Subject:
Title
Cooperative Funding Agreement with the Southwest Florida Water Management District for Habitat Restoration at Roosevelt Creek Channel 5.
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Recommended Action:
Recommended Action
Approval of the Cooperative Funding Agreement with the Southwest Florida Water Management District (SWFWMD) for Habitat Restoration at Roosevelt Creek Channel 5.
• Agreement provides $350,000.00 in SWFWMD funding.
• County match of $350,000.00 is programed in the Penny for Pinellas Capital Improvement Program six-year plan.
• Funding will be allocated for construction, construction engineering inspection, geographical information systems data, and as-built survey for modification of the salinity weir and restoration of the creek channel habitat.
• A 2019 SWFWMD Cooperative Funding Agreement was cancelled for an earlier version of the project, that when bid, was rejected for funding shortfall. The project has been rescoped and this SWFWMD Agreement restarts the process.
• Work under this Agreement is part of the Roosevelt Creek Channel 5 Improvement project, which is expected to be advertised for bid in late spring 2022.
• Companion Legistar No. 22-0053D is an agreement with the Tampa Bay Estuary Program which provides the County $100,000.00 for the habitat restoration and salinity weir modification work for the improvement project.
SWFWMD Agreement No. 22CF0003721 and SWFWMD Project No. W103; PID No. 002123A; Agreement provides $350,000.00 in SWFWMD funding; Agreement expires December 31, 2025; Authorize the Chairman to sign and the Clerk of the Circuit Court to attest.
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Strategic Plan:
Practice Superior Environmental Stewardship
3.3 Protect and improve the quality of our water, air, and other natural resources.
Deliver First-Class Services to the Public and Our Customers
5.1 Maximize partner relationships and public outreach
5.2 Be responsible stewards of the public’s resources
Summary:
Summary
The Agreement provides $350,000.00 in grant funding from SWFWMD for the modification of the salinity weir and habitat restoration of Roosevelt Creek Channel 5. This partnership pays for approximately half of the cost to modify a weir that allows for tidal connections within the channel. The County will provide $350,000.00 in matching funds. Total anticipated weir modification and habitat restoration cost associated with the SWFWMD agreement 22CF0003721 is $700,000.00.
The Roosevelt Creek Channel 5 Improvement project provides several benefits including improved flood protection level of service, restoration of natural hydrologic flow, removal of exotic vegetative species and re-establishment of native plant species, bank stabilization, and other stormwater infrastructure improvements. The tidal connection may provide a decrease to the cost of recurring operations and/or maintenance.
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Background Information:
In 2019, the Roosevelt Creek Channel 5 Improvement project was advertised for bid. The lowest responsive and responsible bid was rejected by the County Administrator, as it exceeded the engineer’s cost estimate scope of work by 86%. Therefore, the associated SWFWMD Cooperative Funding Agreement was cancelled. The subject funding Agreement restarts the process. The scope of work was modified to involve only the salinity weir and habitat restoration for purposes of this agreement. The project was rephased into two (2) components including upfront maintenance and the capital component (weir reconstruction and habitat restoration), which reduced funding required from the Local Infrastructure Sales Tax (Penny for Pinellas). The upfront maintenance was funded by the stormwater utility fund.
In addition to the funding from SWFWMD, the County will also receive $100,000.00 from the TBEP for this project which provides $75,000.00 for new plantings and $25,000.00 for salinity weir modification. This is companion Legistar item 22-0053D.
Paragraph 12.2 of the Agreement, pursuant to the provisions of Section 768.28, Florida Statutes states the County shall indemnify and hold SWFWMD harmless, which the County does not do per Resolution 06-70 attached. However, SWFWMD is historically unwilling to alter liability/indemnity language in its form cooperative funding agreements. The County Attorney has documentation from SWFWMD legal counsel stating that the County should assume as much until SWFWMD advises otherwise. Consequently, SWFWMD will not change its liability/indemnity language in this funding agreement.
Fiscal Impact:
Project 002123A - Roosevelt Creek Channel 5 Improvements is included in the Fiscal Year (FY) 2022-2027 Capital Improvement Program Six-Year Plan: Physical Environment Function; Flood Control Projects Program. This project is funded by the Local Infrastructure Sales Tax (Penny for Pinellas), SWFWMD CFA 22CF0003721 and TBEP. SWFWMD is providing 50% or $350,000.00 of the $700,000.00 estimated for a portion of the total construction, CEI, GIS data, and as-builts costs. SWFWMD funding is approved for FY 2022.
Other Project funding sources include:
• Surface Water Utility Fee in the amount of $1,727,920.32 for sediment removal maintenance, which was completed in FY 2021.
• Local Infrastructure Sales (Penny for Pinellas) in the amount of $3,550,000.00.
• TBEP funds being received in FY 2022 in the amount of $100,000.00.
Staff Member Responsible:
Kelli Hammer Levy, Director, Public Works
Partners:
SWFWMD
TBEP
Attachments:
Agreement
Project Location Map
Resolution 06-70