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. 457516-1-94-01, with FDOT agreeing to grant up to $3,000,000 to Broward County for the 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; 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 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 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 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 accessible, seamlessly integrated investments in renewable energy, sustainable practices, manufacturing, resilient infrastructure, and environmental protection."
The Port Everglades Cruise Terminal 29 Improvements/Expansion Project (“Project”) consists of design and construction of the cruise terminal and surrounding area with the goal of making improvements to the existing terminal facility and ground transportation area (“GTA”) and construction of a multi-story parking garage to handle larger cruise ships. Port Everglades is a ‘landlord port’, by which lands and buildings are rented and leased to maritime related businesses and companies.
In Fiscal Year 2024-2025, FDOT approved the disbursement of $3,195,263 in a separate PTGA for the Project, requiring 50% matching funds from Broward County in the amount of $3,195,263. That PTGA was approved by the Board on December 10, 2024 (Item No. 29).
For Fiscal Year 2026-2027, FDOT has approved the disbursement of an additional $3,000,000 in a new PTGA, requiring 50% matching funds from Broward County in the amount of $3,000,000. Rather than amend the prior PTGA, which expires December 31, 2028, FDOT issued a new PTGA, which runs through December 31, 2030.
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 ensure that any future third-party construction or design agreements for the Project, as applicable, 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’ Cruise Terminal 29 Improvements/Expansion Project and matching funds are budgeted in the Port's five-year capital program.