Broward County Commission Regular Meeting
Director's Name: Joseph Morris
Department: Port Everglades Division: Operations
Information
Requested Action
title
MOTION TO APPROVE Eleventh Amendment to the Agreement between Broward County and G.F.C. Crane Consultants, Inc., for rail mounted container gantry crane maintenance and repair at Port Everglades, extending the Agreement through September 30, 2026, plus two additional optional 90-day extensions; and authorize the Mayor and Clerk to execute same.
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Why Action is Necessary
Broward County Board of County Commissioners approval is required for amendments to agreement that exceed the Director of Purchasing authority.
What Action Accomplishes
Approves the Eleventh Amendment to the Agreement with G.F.C. Crane Consultants, Inc., to provide for the continued maintenance and repair of rail mounted container gantry cranes at Port Everglades.
Goal Related Icon(s)
☒County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
None
Summary Explanation/Background
THE PORT EVERGLADES DEPARTMENT RECOMMENDS APPROVAL.
This action supports the Broward County Board of County Commissioners’ (“Board”) Value of “Building partnership and working collaboratively with others to meet shared objectives,” and the Goal of “Ensuring economic opportunities and a sustainable economy, with an emphasis on Broward’s lower and middle class.”
G.F.C. Crane Consultants, Inc. (“GFC), has maintained the County-owned rail mounted container gantry cranes and one mobile harbor crane at Port Everglades for the last 32 years under a series of competitively solicited agreements and amendments. The most recent five-year extension to the Agreement was approved by the Board on November 10, 2020 (Item No. 10) extending the Agreement an additional four years and ten months through September 30, 2025, with revised scope of services to account for the planned delivery of six new Super Post-Panamax container gantry cranes, and updated labor billing rates, annual management cost fee, profit fee, and subcontractor billing rates.
Since the last competitive solicitation for these services occurred in 2007, the County intends to publish a Request-For-Proposals (“RFP”) to recompete the contract. Due to delays in preparing the RFP, the existing agreement with GFC, which expires on September 30, 2025, needs to be extended to allow for completion of the procurement process. Negotiations with GFC were held on July 14 and July 29, 2025, to discuss the terms and conditions of the agreed to extension. The Eleventh Amendment to the Agreement includes the following business terms and changes from the existing Agreement:
- The term of the Agreement is extended to September 30, 2026, with a County option to further extend the Agreement for up to two additional 90-day periods, at the sole discretion of the Port Everglades Chief Executive/Port Director. The Port Director must provide written notice of its election to exercise the extension(s) no later than ten calendar days before the expiration of the then-current term.
- The Management Cost Fee will increase 6% from the fee in the existing agreement, with an additional 3% increase during the 90-day extensions, if exercised. Under the current agreement, increases in the GFC Management Cost Fee were limited to 2% per contract year for the last four years. The CPI increase over the period from July 2020 to July 2025 was approximately 24%.
- The Profit Fee will continue to be calculated using the same formula as in the current agreement, using the sum of the total actual labor cost billing for the prior Contract Year plus the current year Management Cost Fee, multiplied by a factor of 8%. For each 90-day extension, the Profit Fee will be calculated by taking the sum of the actual labor cost billing for the previous quarter plus the Management Cost Fee for the then-current extension term, multiplied by a factor of 8%.
- The amendment provides for a 3% increase in the maximum hourly labor billing rates the County will pay GFC includes wages, insurances, taxes, and benefits absent any overhead or profit, for the one-year extension, and an additional 3% increase if one or both of the 90-day extensions are exercised. While GFC is still negotiating extensions to the collective bargaining agreements with the three unions that represent their workforce, the 3% increase is consistent with the annual increases in the current agreement. Language is included in the amendment that allows GFC to request to reopen negotiations for an equitable adjustment to the rates to cover mandatory increases in wages that GFC is legally required to pay as a result of the union negotiations. Any such adjustments are at the sole discretion of the County, and if the County denies the equitable adjustment GFC may terminate the agreement with 60 days’ notice.
- Subcontracted services billing rates are increased 3% for the one-year term, with an additional 3% increase if one or both of the 90-day option terms are exercised. GFC will continue to be paid an administrative fee equal to 2.5% of the subcontractor billings as compensation for administering and overseeing the work of subcontractors. This is the same annual increase and administrative fee as provided for in the existing Agreement. The total subcontractor billings for the one-year extension inclusive of the administrative fees are capped at $1,298,603.
- The number of cranes and ancillary equipment to be maintained under the agreement and the list of County-furnished equipment is updated to account for the addition of the six new ZPMC Super Post-Panamax cranes and planned upgrades to the seven existing Samsung cranes.
- The number of allowable backlogged work orders (open for longer than 30 calendar days) is increased from 50 to 100 to account for the addition of the six new cranes since the last amendment.
- The up-time goal for crane performance is reduced from 99.8% to 99.6% to reflect historical performance and the workload resulting from the additional cranes.
- Includes updates or additions to existing contractual language for:
- Discriminatory Vendor and Scrutinized Companies List; Countries of Concern.
- Verification of Employment Eligibility.
- Prohibited Telecommunications Equipment.
- Criminal History Screening Practices.
- Polystyrene Food Service Articles.
- Ownership Disclosure Requirement.
- Iron and Steel Products.
- Emergency Response.
- Anti-Human Trafficking
The Broward Workforce Investment Program remains applicable to this Agreement.
While no County Business Enterprise (“CBE”) goal applies to this Agreement, GFC has agreed to continue to give full consideration to using certified CBE subcontractor firms to perform work under this Agreement, as provided for in the Broward County Business Opportunity Act of 2012, as amended.
The Eleventh Amendment to the Agreement has been reviewed and approved as to form by the Office of the County Attorney. The Agreement is pending final execution by GFC, and the Board will be advised through the Monday Night Memo if the agreement is not executed by GFC prior to the Commission meeting.
Source of Additional Information
Glenn A. Wiltshire, Deputy Director, Port Everglades Department, 954-468-3504, gwiltshire@broward.org
Fiscal Impact
Fiscal Impact/Cost Summary
The estimated cost of the one-year extension including labor billing, Management Cost Fee, Profit Fee, and subcontracted services are estimated at a not-to-exceed amount of $11,513,790. The estimated cost for the two 90-day extension options is $2,964,801 for each extension period. Funding for the first year of the extension is included in the FY 2026 Port Everglades Operating Budget.