Broward County Commission Regular Meeting
Director's Name: Joseph Morris
Department: Port Everglades Division: Business Development
Information
Requested Action
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MOTION TO DIRECT County Attorney's Office to draft a Resolution amending Section 32.4. of the Broward County Administrative Code related to the competitive selection, negotiation, and award of marine terminal facilities.
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Why Action is Necessary
Board direction is required for the County Attorney’s Office to draft a Resolution amending the Broward County Administrative Code.
What Action Accomplishes
Directs the County Attorney’s Office to draft a Resolution amending Section 32.4. of the Broward County Administrative Code.
Goal Related Icon(s)
☒County Commission
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Previous Action Taken
None
Summary Explanation/Background
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.”
This item seeks Board direction to the County Attorney’s Office to draft a Resolution amending Section 32.4. of the Broward County Administrative Code relating to the competitive selection, negotiation, and award of marine terminal facilities.
Section 32.4.h.1.(c) states that the selection and negotiation of preferential assignments, user or management agreements and marine terminal leases “shall be conducted in a manner consistent with the Competitive Selection and Negotiation method of procurement as defined in Subsection 21.8.b.7. of the Procurement Code of Broward County as well as the procedures contained in the County Administrative Policies and Procedures Manual of Port Everglades Department, including appropriate record-keeping and Sunshine Law notification procedures.” The citation is outdated and needs to be updated to refer to the current applicable section number.
In addition, Section 315.18, Florida Statutes, provides that proposals, counterproposals, and financial records exchanged between a deepwater port and private entities for the sale, lease, or use of port land or facilities are confidential and exempt from public records requirements during active negotiations. Such materials cease to be exempt 30 days prior to Board consideration for approval or, if no item is submitted for approval, 90 days after the cessation of negotiations.
Due to the existing reference to Sunshine Law notification procedures in Section 32.4.h.1.(c), Port negotiations have been publicly noticed but immediately closed pursuant to state law. Staff recommends removing the Sunshine Law reference to align the Code with the intent of Section 315.18 and eliminate this procedural inconsistency.
This approach is also consistent with prior Board action on June 12, 2018 (Item No. 69) relating to the Broward County Procurement Code, which deleted the requirement that contract negotiations be noticed in the same manner as meetings subject to Florida’s Sunshine Law. Similarly, the proposed amendment would allow applicable Port negotiations to proceed confidentially where authorized by state law, while preserving the Board as the awarding authority for preferential assignments, user or management agreements, and marine terminal leases.
Maintaining confidentiality during applicable negotiations protects the County’s negotiating position, allows commercially sensitive information to be evaluated in accordance with applicable law, and enhances the Port’s ability to compete for cargo, private investment, and long-term maritime business opportunities. Any final agreement would remain subject to applicable Board public notice and approval requirements.
Source of Additional Information
Jorge Hernández, Director, Business Development Division, Port Everglades Department, (954) 468-3501.
Glenn Wiltshire, Deputy Port Director, Port Everglades Department, (954) 468-3504.
Fiscal Impact
Fiscal Impact/Cost Summary
None