Broward County Commission Regular Meeting
Director's Name: Bertha Henry
Department: County Administration
Information
Requested Action
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MOTION TO AUTHORIZE County Administrator to defer payments owed by concessionaires and other businesses operating on Broward County property for thirty (30) days after such payments would otherwise be due, with an option to continue such deferrals in additional thirty (30) day increments, the form of all deferral agreements being subject to review by the Office of the County Attorney for legal sufficiency; and provided the County Administrator notifies the Board of each such deferral on a monthly basis.
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Why Action is Necessary
Board authority is needed to authorize the County Administrator to take the referenced actions.
What Action Accomplishes
Authorizes the County Administrator to take the referenced actions.
Is this Action Goal Related
No
Previous Action Taken
Summary Explanation/Background
One of the impacts of COVID-19 in Broward County is the suspension, closure, or reduction in services of concessions and other businesses operating on Broward County property, including, but not limited to, concessionaires and other business operating at the Fort Lauderdale-Hollywood International Airport (including, but not limited to, airlines, car rental companies, and retail concessionaires), Port Everglades (including, but not limited to, cruise lines), and at Broward County parks (including, but not limited to, concessionaires and other service providers). Because of the reduction or suspension of their services resulting from COVID-19, a number of these businesses have communicated with the County requesting short-term financial relief from payments otherwise owed to the County from their business operations, including rental payments and concession and other fees.
This item will authorize the County Administrator to enter into agreements to defer payments owed by concessionaires and other businesses operating on County property for an initial period of thirty (30) days after such payments would otherwise be due to County, and additional deferrals in thirty (30) days increments thereafter as deemed appropriate, with such deferrals to be documented either by written communications, agreements, or amendments to agreements, the form of which are subject to review for legal sufficiency by the Office of the County Attorney. Nothing in this item will impact or modify the Director of Port Everglades’ existing authority to add, delete, waive, and amend tariff items pursuant to Tariff 12, Item 180, or otherwise modify any authority of the County Administrator, Agency/Division Director, or other contract administrator under existing agreements.
This item is presented in an abundance of caution, given the uncertainty regarding the impacts of COVID-19 on County concessionaire operations and the operations of other business operating on County property, and the County’s desire to provide appropriate relief to these businesses considering the current situation arising from the pandemic.
Source of Additional Information
Fiscal Impact
Fiscal Impact/Cost Summary
Because this item authorizes deferrals of payments versus waiving payment, the fiscal impact is limited to late fees or interest that would be owed to the County. Each agreement may have different terms regarding late fees or interest. A sample of agreements from Parks, Aviation, and the Port include some agreements with late fees of 5% if monthly payments are not timely made plus interest at 1.5% per month on delinquent amounts.