Legislation Details

File #: 24-1234   
In control: PORT EVERGLADES DEPARTMENT
Agenda Date: 9/17/2024 Final action: 9/17/2024
Title: A. MOTION TO AUTHORIZE Port Everglades Chief Executive/Port Director to execute a Memorandum of Agreement and related documents between Broward County and U.S. Customs and Border Protection ("CBP"), subject to review and approval for legal sufficiency by the Office of the County Attorney, to reimburse CBP for costs related to providing replacement equipment for the performance of CBP operations at the Federal Inspection Services ("FIS") facility at Cruise Terminal 25, with an estimated initial equipment cost not to exceed $362,481, and estimated recurring annual operation and maintenance costs of $5,200, with additional upgrades to systems and equipment as may be required on a schedule determined by CBP. (Per the Tuesday Agenda Memorandum, the Board's consideration is based upon the item as amended by the revised Motion B submitted as Additional Material by Port Everglades.) ACTION: (T-10:52 AM) Approved. VOTE: 7-0. Commissioner Geller and Commissioner McKinzie were not audible duri...
Indexes: Established Commission Goals
Attachments: 1. Exhibit 1 - Broward County-CBP MOA For Cruise Terminal 4, 2. Exhibit 2 - Broward County-CBP MOA For Cruise Terminal 25, 3. Additional Material - Information
Date Action ByActionResultAction DetailsMeeting DetailsVideo
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Broward County Commission Regular Meeting                               

Director's Name:  Joseph Morris

Department:                       Port Everglades                                          Division: Director’s Office

 

Information

Requested Action

title

A. MOTION TO AUTHORIZE Port Everglades Chief Executive/Port Director to execute a Memorandum of Agreement and related documents between Broward County and U.S. Customs and Border Protection (“CBP”), subject to review and approval for legal sufficiency by the Office of the County Attorney, to reimburse CBP for costs related to providing replacement equipment for the performance of CBP operations at the Federal Inspection Services (“FIS”) facility at Cruise Terminal 25, with an estimated initial equipment cost not to exceed $362,481, and estimated recurring annual operation and maintenance costs of $5,200, with additional upgrades to systems and equipment as may be required on a schedule determined by CBP.

 

(Per the Tuesday Agenda Memorandum, the Board’s consideration is based upon the item as amended by the revised Motion B submitted as Additional Material by Port Everglades.)

 

ACTION: (T-10:52 AM) Approved.

 

VOTE: 7-0. Commissioner Geller and Commissioner McKinzie were not audible during the vote.

 

B. MOTION TO AUTHORIZE Port Everglades Chief Executive/Port Director to execute a Memorandum of Agreement and related documents between Broward County and U.S. Customs and Border Protection (“CBP”), subject to review and approval for legal sufficiency by the Office of the County Attorney, to reimburse CBP for costs related to providing replacement equipment for the performance of CBP operations at the Federal Inspection Services (“FIS”) facility at Cruise Terminal 25, with an estimated initial equipment cost not to exceed $362,481, and estimated recurring annual operation and maintenance costs of $5,200, with additional upgrades to systems and equipment as may be required on a schedule determined by CBP.

 

(Per the Tuesday Agenda Memorandum, the Board’s consideration is based upon the item as amended by the revised Motion B submitted as Additional Material by Port Everglades.)

 

ACTION: (T-10:52 AM) Approved as amended with Regular Meeting Additional Material, dated September 17, 2024, submitted at the request of Port Everglades.

 

VOTE: 7-0. Commissioner Geller and Commissioner McKinzie were not audible during the vote.

 

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Why Action is Necessary

Broward County Board of County Commissioners approval is required to authorize the Port Everglades Chief Executive/Port Director to execute the Memorandums of Agreement and related documents that commit County funds.

 

What Action Accomplishes

Provides authority to the Port Everglades Chief Executive/Port Director to execute Memorandums of Agreement and related documents between Broward County and CBP, subject to review and approval for legal sufficiency by the Office of the County Attorney, to reimburse CBP for costs related to upgrading information technology equipment required for the performance of CBP federal inspection services at Cruise Terminal 25 and Cruise Terminal 4, and for recurring operating costs related to CBP systems and equipment.

 

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.”


On April 14, 2014 (Item No. 54), the Board approved a Memorandum of Agreement (“MOA”) between Broward County and U.S. Customs and Border Protection (“CBP”) to reimburse CBP for information technology (“IT”) costs for supporting Federal Inspection Services (“FIS”) operations at Port Everglades Cruise Terminal 4. On March 28, 2019 (Item No. 5), the Board approved a similar MOA for Cruise Terminal 25. Both MOAs provided that the County would be financially responsible for any future upgrades to the CBP IT equipment in those terminals. 


On August 26, 2024, CBP notified Port Everglades staff that the IT equipment within the FIS in both Cruise Terminal 4 and 25 would require replacement by October 2025 due to the use of outdated technology, and provided new MOAs for each terminal (see Exhibits 1 and 2). Under the MOAs, the County is responsible for reimbursing CBP for the cost of equipping the facilities with the IT infrastructure required to operate the FIS in each terminal. The County is also responsible for reimbursing any additional IT connectivity costs, as well as for committing to reimburse CBP for IT costs associated with operating the facility and future equipment upgrades (with no not-to-exceed amount). The estimated initial cost for replacing the outdated IT infrastructure in Terminal 25 is $362,481 with estimated recurring annual operation and maintenance costs of $5,200, and the estimated initial cost for replacing outdated IT infrastructure in Terminal 4 is $274,417 with estimated recurring annual operation and maintenance costs of $4,240.

 

The MOAs also provide that the County is required to fund future equipment upgrades required by CBP with 180 days’ notice. As noted in the MOA, CBP expects this to occur every three to five years. There is no cap on costs. The Port will also be responsible for equipment maintenance costs, however, CBP does not anticipate significant maintenance expenses since the equipment will be covered by warranties.

 

Delegation of authority to the Port Everglades Chief Executive/Port Director to execute the MOAs is requested because there are several other CBP documents that will need to be executed, including cost sign off sheets, and delegation of the authority to the Port Everglades Chief Executive/Port Director will facilitate those efforts. The cost sign off sheets are redacted from Exhibits 1 and 2 and will need to be signed by the Port Everglades Chief Executive/Port Director.


The MOAs have been approved as to form by the Office of the County Attorney.

 

Source of Additional Information

Glenn A. Wiltshire, Deputy Port Director, Port Everglades Department, (954) 468-3504

 

Fiscal Impact

Fiscal Impact/Cost Summary

The estimated cost for the reimbursement to CBP for the IT expenses under the MOAs is a combined total of $636,898 for the equipment purchase and installation in Terminal 25 and Terminal 4. Funds are available in the Port Everglades Capital Fund for the initial equipment costs under the MOAs, and funding for the recurring cost to reimburse CBP for data services and replacement equipment will be included in future Port IT Capital and/or Operating Fund budget requests.