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. 453802-1-94-01, with FDOT agreeing to grant up to $14,999,397 to Broward County for the Port Everglades’ New Bulkheads at Berths 16, 17, and 18 Project (“Project”), but no more than 75% of the total eligible cost of the Project, and County agreeing to match FDOT’s grant and cover any cost overruns; authorize the Mayor and Clerk to execute the PTGA; 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 25%, 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 the Port Everglades’ New Bulkheads at Berths 16, 17, and 18 Project. The County Administrator is delegated authority to take the necessary administrative and budgetary actions to implement the PTGA, and to approve any 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 item supports the Board’s Value of "Building partnerships and working collaboratively with others to meet shared objectives " and the Goal of “Ensuring accessible, seamlessly integrated investments in renewable energy, sustainable practices, manufacturing, resilient infrastructure, and environmental protection."
As part of an updated bulkhead study, the existing conditions of the steel sheet pile, toe embedment data, steel section loss due to corrosion, and the age of the bulkhead walls throughout the Port were reviewed. The study concluded that Berths 16, 17, and 18 require new bulkheads. Approximately 1,648 linear feet of new bulkheads will be installed to address deteriorating conditions of the existing bulkheads.
To partially offset the cost of the bulkhead replacement, FDOT has approved the disbursement of $14,999,397 in Fiscal Year 2026-2027 through a new Public Transportation Grant Agreement (“PTGA”), requiring 25% matching funds from Broward County in the amount of $4,999,799. The Project is also funded by a Port Infrastructure Development Program grant of up to $19,280,625 from the U.S. Department of Transportation, Maritime Administration, approved by the Board on September 4, 2025 (Item No. 7).
A requirement for this funding is to execute this PTGA between FDOT and Broward County prior to disbursement of any funding. FDOT will execute the PTGA after Board approval.
The Office of the County Attorney (“CAO”) requested that FDOT make certain modifications to the indemnification provision in Section 18 of the PTGA, but FDOT declined. The Port Everglades Department desires to move forward with this PTGA to obtain grant funding for the Project. The CAO will work with the Port Everglades Department to modify the relevant third-party construction or design agreements, as applicable, to comply with the PTGA and mitigate any potential risk associated with the indemnification provision in the PTGA.
The proposed PTGA has been reviewed by the CAO. The PTGA does not include the County’s standard Agreement provisions as FDOT requires the County to use FDOT’s form agreement. The PTGA also includes a new exhibit (Exhibit E4) requiring the County to certify whether it has adopted or promoted energy policy goals inconsistent with Section 377.601(3), Florida Statutes.
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
Port Everglades’ New Bulkheads at Berths 16, 17, and 18 Project and matching funds are budgeted in the Port's five-year capital program.