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, concerning the award of Fiscal Year 2026 Work Plan funds pursuant to Section 2106 of the Water Resources Reform and Development Act of 2014, as amended, and Section 102 of the Water Resources Development Act of 2020, to Broward County in the amount of $23,999,580 to carry out expanded uses at Port Everglades as defined in 33 U.S.C. 2238(f)(4); authorize the Mayor to execute any required certifications relating to the MOA, and the County Administrator or their written designee 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 County Attorney’s Office; and authorize the County Administrator to take all necessary administrative and budgetary actions to implement the MOA.
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Why Action is Necessary
Broward County Board of County Commissioners (“Board”) approval is required for the execution of the Memorandum of Agreement.
What Action Accomplishes
Provides Broward County’s Port Everglades Department with $23,999,580 in federal funding to carry out expanded uses as defined in 33 U.S.C. 2238(f)(4).
Goal Related Icon(s)
YES County Commission
N/A Go Green
N/A 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.”
Section 2106 of the Water Resources Reform and Development Act of 2014 (WRRDA”) established a donor ports and energy transfer ports 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 that port. Section 102 of the Water Resources Development Act of 2020 (“WRDA”) provided additional guidelines for funding distribution to donor and energy transfer ports. Ports that require the U.S Army Corps of Engineers (“USACE”) to spend less than 25% of the Harbor Maintenance Taxes collected from imports through the port for routine harbor maintenance and meeting certain other criteria were designated as “donor ports.”
The USACE Fiscal Year 2026 Work Plan, released on April 7, 2026, included $23,999,580 for Port Everglades as a qualified “donor port.” Activities that Port Everglades may use the funds for include: maintenance dredging of a berth in a harbor that is accessible to a Federal navigation project and that benefits commercial navigation at the harbor; the maintenance dredging and disposal of legacy-contaminated sediment, and sediment unsuitable for open water disposal; in-water improvement for the seismic reinforcement of a wharf or other berthing structure, or the repair or replacement of a deteriorating wharf or other berthing structure; or an activity to maintain slope stability at a berth. Funds 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. A Memorandum of Agreement (“MOA”) is required to transfer the funds to the County for use at Port Everglades.
The MOA is on the federal government’s standard form and has been reviewed and approved as to form by the Office of the County Attorney. The MOA will be executed by the federal government after approval by the Board.
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.