Broward County Commission Regular Meeting

MOTION TO AFFIRM, APPROVE, AND RATIFY actions taken by the Board on January 23, 2018, on Agenda Item No. 41, which (1) authorized the Florida Department of Transportation ("FDOT") to finalize a new solicitation for a Design-Build Contract for the Wave Streetcar Project, and (2) approved the Third Amendment to the Wave Project Agreement between Broward County and the Florida Department of Transportation (the "Third Amendment"), with the above-referenced authorization and approval both subject to approval and execution, on or before February 9, 2018, by the City of Fort Lauderdale (the "City") and the Downtown Development Authority of the City of Fort Lauderdale (the "DDA") of a proposed amendment to the Interlocal Agreement ("ILA") containing specified terms; modifying the above-referenced authorization and approval such that they are now based on approval and execution (with executed copies returned to the County) by the City and the DDA, on or before February 9, 2018, of the Amended and Restated ILA (the "Restated ILA"), with any nonsubstantive changes thereto as approved by the County Attorney; approving the Restated ILA with any nonsubstantive changes thereto as approved by the County Attorney; authorizing the Mayor and Clerk to execute the Third Amendment and Restated ILA with any such nonsubstantive changes; authorizing the County Administrator or designee to take all administrative and budgetary actions required under the terms of the Wave Project Agreement, as amended, and under the Restated ILA; and authorizing the County Administrator or designee to execute other project implementation documents consistent with the terms of the Wave Project Agreement, as amended, and the Restated ILA.

ACTION:  (T-10:41 AM)  Approved.  (Refer to minutes for full discussion.)  (See Yellow-Sheeted Additional Material, dated February 6, 2018, submitted at the request of the Office of the County Attorney and County Administration.)

VOTE:  5-4.  Commissioners Bogen, Ryan and Mayor Furr voted in the affirmative. Commissioners Geller and Sharief voted in the affirmative telephonically.  Commissioners Holness, LaMarca, Rich and Udine voted no.

The prior action by the Board on January 23, 2018, was expressly conditioned on approval and execution of the ILA amendment in the form previously presented, and authorized the County Attorney to make only nonsubstantive revisions thereto. Because the Restated ILA contains substantive revisions, Board approval is required.

Effectuates the action taken by the Board on January 23, 2018, on Agenda Item No. 41, in light of substantive revisions to the underlying interlocal agreement, and clarifies the scope of the Board's prior action.

On January 23, 2018, the Board approved Alternate Motion A and Motion B of Agenda Item No. 41. Alternate Motion A, among other authorizations and approvals, approved the Third Amendment to the Wave Project Agreement between Broward County and FDOT, subject to approval and execution by the City and the DDA of an amendment to the 2016 ILA between the County, City, and DDA in substantially the form circulated as additional material prior to the January 23, 2018, County Commission meeting.
 
This action approves a substitute version of the ILA amendment (the Restated ILA), in lieu of the prior form presented. The Board's action on January 23, 2018, authorized the County Attorney to make only nonsubstantive changes to the form of the ILA amendment. The Restated ILA contains substantive modifications that require Board approval. These substantive modifications include addressing the parties' respective financial obligations for fiscal year 2018 (when the increased costs of an enhanced vehicle maintenance facility might be realized), clarifying the parties' respective financial obligations for fiscal year 2021 and beyond, and providing for certain security for the payment obligations of the City and the DDA. Also included, at the request of the City, is a provision enabling the City to effectively terminate the Wave Project Agreement under the same circumstances that would permit the County to terminate (i.e., if the lowest acceptable bid exceeds 125% of the estimated cost). Because of these substantive changes, approval hereof (based on the Restated ILA) is required to effectuate the Board's prior vote.
 
The Restated ILA in current form is attached hereto. All changes requested by the City and DDA, to date, have been incorporated. All parties are continuing to review the language, and some terms may change. If that occurs, a final version (including a redlined version showing all substantive changes) will be distributed as additional material prior to the February 6, 2018, County Commission meeting.
 
FDOT has not yet executed the Third Amendment.  To prevent the County's approval thereof from being open-ended, the Board may wish to consider qualifying its approval such that it expires if FDOT does not execute the Third Amendment by a certain date.

Angela J. Wallace, Deputy County Attorney, (954) 357-7600
René D. Harrod, Deputy County Attorney, (954) 357-7600