Broward County Commission Regular Meeting
Director's Name: Joseph Morris
Department: Port Everglades Division: Director’s Office
Information
Requested Action
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MOTION TO APPROVE Public Transportation Grant Agreement (“PTGA”) between the Florida Department of Transportation (“FDOT”) and Broward County for Financial Project No. 452217-1-94-01, with FDOT agreeing to grant up to $3,195,263 to Broward County for Port Everglades’ Cruise Terminal 29 Improvements/Expansion Project (“Project”), but no more than 50% of the total eligible cost of the Project, and County agreeing to match FDOT’s grant and cover any cost overruns, and Addendum thereto modifying the indemnification language of the PTGA; authorize the Mayor and Clerk to execute the PTGA and Addendum; authorize the County Administrator or designee to take the necessary administrative and budgetary actions resulting from approval of the PTGA; and authorize the County Administrator to approve any amendments to the PTGA that do not increase the County’s local match percentage (50%), subject to review by the Office of the County Attorney for legal sufficiency.
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Why Action is Necessary
Broward County Board of County Commissioners (“Board”) approval is required for the execution of the PTGA.
What Action Accomplishes
Execution of the PTGA provides grant funding from FDOT for the Environmental/Design/Construction phase of Port Everglades’ Cruise Terminal 29 Improvements/Expansion Project. The County Administrator is delegated authority to take the necessary administrative and budgetary actions to implement the PTGA, and to approve any future amendments to the PTGA that do not increase the County’s local match percentage.
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 partnerships 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 February 21, 2023 (Item No. 13), the Board approved the Second Amendment to Port Everglades Passenger Cruise Terminal and Berth User Agreement Between Broward County and Royal Caribbean Cruise Ltd. That amendment included a Work Letter committing both parties to engage in discussions concerning improvements to Cruise Terminal 29 in the Midport area of Port Everglades; those discussions are continuing. The Port Everglades Cruise Terminal 29 Improvements/Expansion Project consists of the design and construction with the goal of making improvements to the existing terminal, surrounding ground transportation area, and potential addition of a parking garage to handle larger cruise ships. Port Everglades is a ‘landlord port’, by which lands and buildings are rented and leased to port and maritime related businesses and companies.
This action would also authorize the County Administrator or designee to take any necessary administrative and budgetary actions subsequent to the execution by FDOT. This would include approving any amendments to the PTGA provided that the amendment does not increase the County’s match percentage for Project costs above 50% and the amendment is reviewed for legal sufficiency by the Office of the County Attorney.
A requirement for this funding is to execute this PTGA between FDOT and Broward County prior to disbursement of any funding. This PTGA is written in the standard FDOT format and includes an Addendum modifying the standard FDOT PTGA indemnification paragraph to remove the word “defend” in accordance with Sections 725.06 and 725.08, Florida Statutes, to reference Section 768.28, Florida Statutes, and to state that nothing in the paragraph constitutes a waiver of sovereign immunity. FDOT will execute the PTGA and Addendum after Board approval. The PTGA and Addendum have been reviewed and approved as to form by the Office of the County Attorney.
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
The Port Everglades’ Cruise Terminal 29 Improvements/Expansion Project and matching funds are budgeted in the Port's five-year Capital Program.