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 Memorandum of Agreement (“MOA”) between the Department of the Army and Broward County, Florida, in substantially the form of Exhibit 1, for the U.S. Army Corps of Engineers to perform maintenance dredging and compliance monitoring at various berths in Port Everglades, with County responsible for the estimated cost of $1,370,000 and any cost overruns; authorize the Port Everglades Chief Executive Officer and Port Director to execute the MOA with any required modifications, provided such modifications do not impose any additional material financial risk on the County, subject to review and approval as to legal sufficiency by the Office of the County Attorney; authorize the Port Everglades Chief Executive Officer and Port Director to approve and execute any amendments, certifications, or other documents related to the MOA, provided such certifications, amendments, or other documents do not pose additional cost or material risk to the County, all subject to review and approval for legal sufficiency by the Office of the County Attorney; and authorize the County Administrator to take all necessary administrative and budgetary actions necessary to implement the MOA.
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Why Action is Necessary
Broward County Board of County Commissioners approval is required for the substantial form of the MOA and delegation of execution authority to the Port Everglades Chief Executive Officer and Port Director.
What Action Accomplishes
Approves the substantial form of the MOA and delegates execution authority to the Port Everglades Chief Executive Officer and 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 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.”
The Department of the Army (“DOA”) U.S. Army Corps of Engineers (“USACE”) is planning to commence a Federal Navigation Channel maintenance dredging project (“Federal project”) within Port Everglades in the fall of 2026. This is the first USACE-initiated maintenance dredging at Port Everglades since 2019, and will include dredging the Entrance Channel, Turning Basin, and the Southport Access Channel. While the Federal project is 100% Federally funded, the Port Everglades Department has requested that areas adjacent to Berths 1, 2, 3, 4, 5, 7, 8, 9, 10, 12, 13, 14, 15, 23, 24, 25, 26, 27, 29, 30, 31, 32 and 33A/B/C, be dredged to remove shoaling in connection with the Federal project. Port Everglades is responsible for the additional costs associated with dredging the berth areas up to 100’ from the bulkhead. A Memorandum of Agreement (“MOA”) with the DOA is required to authorize the work to be completed in connection with the Federal project. Having the DOA complete the berth maintenance dredging in connection with the Federal project significantly reduces the cost to the Port, since the dredging equipment will already be mobilized to the area to perform the Federal channel maintenance.
It is currently estimated that approximately 41,000 cubic yards of material will be dredged from the berth areas at an estimated cost of $1,370,000. The MOA requires full payment of $1,370,000 within 90 days of execution. The DOA will provide a final accounting of the additional costs for the dredging covered in the MOA, and the County will be responsible for providing additional funds if the costs exceed the $1,370,000 estimate and will receive a refund if the final costs are lower than the estimate. The Port understands that the actual costs for the requested berth dredging may exceed the estimated amount due to claims or other unforeseen circumstances and would be responsible for all costs, including any claims related to the additional berth dredging.
Approval of the MOA in substantial form and delegation of execution authority to the Port Everglades Chief Executive Officer and Port Director will provide the flexibility to address any changes or amendments requested by the DOA after Board approval that do not pose significant additional costs or material risk without additional Board action. The MOA and the accompanying certifications have been reviewed and approved for legal sufficiency by the Office of the County Attorney.
Source of Additional Information
David Anderton II, PPM, AICP, Assistant Director of Port Everglades, 954-468-0144, danderton@broward.org
Fiscal Impact
Fiscal Impact/Cost Summary
Funds are budgeted in the Port’s five-year capital program.