Broward County Commission Regular Meeting
Director's Name: Glenn Wiltshire (Acting Director)
Department: Port Everglades Division: Director’s Office
Information
Requested Action
title
A. MOTION TO APPROVE Memorandum of Understanding (“MOU”) between Broward County and Crowley Liner Services, Inc. (“Crowley”) for the U.S. Department of Transportation (“USDOT”) grant application through the Port Infrastructure Development Program (“PIDP”), for which Broward County is the lead applicant, in substantially the proposed form; and authorize the Port Everglades Chief Executive/Port Director to execute the final MOU, subject to nonmaterial modifications and subject to review as to legal sufficiency by the Office of the County Attorney.
ACTION: (T-11:08 AM) Approved.
VOTE: 9-0.
B. MOTION TO APPROVE Memorandum of Understanding (“MOU”) between Broward County and Mediterranean Shipping Company S.A. (“MSC”) for the U.S. Department of Transportation (“USDOT”) grant application through the Port Infrastructure Development Program (“PIDP”), for which Broward County is the lead applicant, in substantially the proposed form; and authorize the Port Everglades Chief Executive/Port Director to execute the final MOU, subject to nonmaterial modifications and subject to review as to legal sufficiency by the Office of the County Attorney.
ACTION: (T-11:08 AM) Approved.
VOTE: 9-0.
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Why Action is Necessary
Board approval is required for the substantial form of the MOUs and delegation of execution authority to the Port Everglades Chief Executive/Port Director.
What Action Accomplishes
Approves the substantial form of MOUs as required by the Notice of Funding Opportunity (“NOFO”) for the 2024 USDOT PIDP Federal Grant application and delegates execution authority for the MOUs to the Port Everglades Chief Executive/Port Director.
Goal Related Icon(s)
☒County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
None
Summary Explanation/Background
THE PORT EVERGLADES DEPARTMENT RECOMMENDS APPROVAL.
This item supports the Board’s Value of “Building partnerships and working collaboratively with others to meet shared objectives” and Goal of “Ensuring accessible, seamlessly integrated investments in renewable energy, sustainable practices, manufacturing, resilient infrastructure, and environmental protection.”
Broward County (“the County”) holds Marine Terminal Lease and Operating Agreements (“MTLOA”) with both Crowley Liner Services, Inc. (“Crowley”) and Mediterranean Shipping Company (“MSC”) for marine container terminals within the Southport area of Port Everglades. Both Crowley and MSC have an interest in making improvements to their marine terminals within the framework of the MTLOAs, with a focus on sustainability and environmental stewardship.
The Infrastructure Investment and Jobs Act, Pub. L. 117-58, authorized and appropriated $450 million to be awarded by the United States Department of Transportation, Maritime Administration (“MARAD”) through a competitive grant program for projects for coastal seaports for Fiscal Year 2024. MARAD issued a Notice of Funding Opportunity (“NOFO”) for the Port Infrastructure Development Program Grant (“PIDP Grant”) on March 8, 2024, with applications due May 10, 2024. The PIDP Grant allows for an eligible applicant, such as the County, to apply jointly as the lead applicant with a private entity or group of private entities. The County has agreed with Crowley and MSC to jointly apply for PIDP Grant funding for both permanent improvements to their marine terminals as well as for the purchase of low or zero emission equipment, with a focus on reduction of carbon emissions, greater energy efficiency, and incorporation of electrification and zero emissions vehicle infrastructure, while also creating good-paying jobs. As required in Section D.2.d of the NOFO, the grant application must include a description of the roles and responsibilities of each applicant. Inclusion of MOUs with both Crowley and MSC in the PIDP Grant application package will meet that requirement.
The MOUs provide that the entire non-federal cost share of the project (minimum 20% of project costs), including any County costs for financial administration of the grant, will be borne by Crowley and MSC. While the grant application is still being finalized, the estimated grant request will be for $42 million in federal funding. The MOUs further clarify additional roles and responsibilities of the parties, including procurement, maintenance, and ownership of improvements and equipment. Additionally, the MOUs require that Crowley and MSC execute Subgrant Award Agreements with the County upon award of the grant. The form for the Subgrant Award Agreement and associated Subgrant Award Terms and Conditions is attached as an exhibit to each MOU and is based on the forms approved by the Board on October 25, 2022 (Item No. 17). Per that item, the County Administrator is authorized to approve non-substantive changes to these forms and execute these agreements subsequent to grant award.
Staff is still working with counsel from Crowley and MSC and the Office of the County Attorney to finalize the MOUs. Approval of the substantial form of the MOUs by the Board will allow the MOUs to be completed and executed by all parties prior to submission of the PIDP Grant application to MARAD on May 10, 2024.
Source of Additional Information
J. David Anderton II, PPM, AICP, Assistant Director of Port Everglades, 954-468-0144, danderton@broward.org
Fiscal Impact
Fiscal Impact/Cost Summary
None.