Broward County Commission Regular Meeting
Director's Name: Jonathan Daniels
Department: Port Everglades Division: Director’s Office
Information
Requested Action
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MOTION TO APPROVE Memorandum of Agreement between the Department of the Army and Broward County, Florida, concerning the Provision of Funds pursuant to Section 2106 of the Water Resources Reform and Development Act of 2014, as amended, providing $213,840 to Broward County for Port Everglades to carry out expanded uses that benefit commercial navigation at a harbor accessible to a Federal navigation channel; and authorize the Mayor and Clerk to execute same.
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Why Action is Necessary
Broward County Board of County Commissioners’ approval is required for the execution of the Memorandum of Agreement.
What Action Accomplishes
Provides Broward County’s Port Everglades Department with $213,840 in federal funding to carry out expanded uses that benefit commercial navigation at Port Everglades.
Is this Action Goal Related
Yes
Previous Action Taken
On August 25, 2022 (Item No. 8), the Board approved a similar Memorandum of Agreement (“MOA”). This MOA, if approved, will replace the prior Memorandum of Agreement, which was not signed by the Department of the Army because they had updated the MOA form.
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 August 25, 2022 (Item No. 8), the Board approved a Memorandum of Agreement (“MOA”) between the Department of the Army and Broward County to provide funding for certain maintenance dredging and related activities. After Board approval, and prior to final execution by the U.S. Army Corps of Engineers (“USACE”), the MOA form was updated by the USACE. The updates include changes to the allowable uses of funds, requirements to comply with certain federal laws and implementing regulations, and minor changes to verbiage and formatting. The USACE has requested that this updated MOA be approved by the Board.
Section 2106 of the Water Resources Reform and Development Act of 2014 (“WRRDA”), as amended, established a “donor port” program to address disparities between the amount of Harbor Maintenance Tax collected at some ports and the dollars spent from the Harbor Maintenance Trust Fund at those ports. Ports receiving less than 25% of the taxes collected at that port and meeting certain other criteria were designated as “donor ports.”
The USACE Fiscal Year 2022 Work Plan included $213,840 for Port Everglades as a qualified donor port. Activities that Port Everglades may use these funds for include: 1) maintenance dredging of a berth; 2) an in-water improvement for the seismic reinforcement or repair or replacement of a wharf or other berthing structure; or 3) an activity to maintain slope stability at a berth. Funds provided under this MOA may also be used for engineering, design, construction, and supervision and administration, including hydrographic surveys; dredged material testing and monitoring; permitting; and environmental documentation necessary to carry out the work.
This MOA has been reviewed and approved as to form by the Office of the County Attorney and will be executed by the federal government after approval by the Board. The MOA is on the federal government’s form and does not include the County’s standard terms and conditions.
Source of Additional Information
David Anderton II, AICP, PPM, Assistant Director, Port Everglades Department, (954) 468-0144
Fiscal Impact
Fiscal Impact/Cost Summary
Receipt of these funds had previously been budgeted in the Port Everglades Department Capital Fund.