Broward County Commission Regular Meeting


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AI-17120 58.       
Meeting Date: 06/24/2014  
Director's Name: Steven Cernak
Department: Port Everglades Division: Business Administration

Information
Requested Action
MOTION TO APPROVE substantial final form of Agreement for a U.S. Government Lease for Real Property between Broward County and the Government of the United States of America for approximately 25,000 square feet of land at Port Everglades, for an initial period of one year effective July 1, 2014 with yearly renewal options for up to five years; and authorize the Port Everglades Chief Executive/Port Director to execute same.

ACTION:  (T-10:23 AM)  Approved.
 
VOTE: 9-0.
Why Action is Necessary
Lease agreements require Board approval in accordance with Chapter 32, Section 32.5(d) of the Broward County Administrative Code.
What Action Accomplishes
Approves the substantial final form of a lease agreement between Broward County and The Government of the United States of America for the U.S. Customs & Border Protection to provide radiation portal monitor services at the international entrance to the Intermodal Container Transfer Facility (ICTF) at Port Everglades, and authorize the Port Everglades Chief Executive/Port Director to execute the lease when it is finalized.
Is this Action Goal Related
Previous Action Taken
None.
Summary Explanation/ Background
THE PORT EVERGLADES DEPARTMENT RECOMMENDS APPROVAL OF THE ABOVE MOTION.

The item supports the Commission's Vision and Goals for "Unlimited Economic Opportunities," to increase the economic strength and impact of Port Everglades, the Broward County Convention Center and the Fort Lauderdale-Hollywood International Airport in a sustainable manner balancing economy, environment, and the community.

The U.S. Customs and Border Protection (CBP) currently occupies 30,010 square feet of warehouse space in the Foreign-Trade Zone and 51,450 square feet of land in Southport for CBP operations that are key to operation of Port Everglades. In addition, CBP occupies two locations totaling 95,162 square feet, one on Eller Drive just before the exit from the Port and one on northbound McIntosh Road just after the exit from Southport, for Radiation Portal Monitors (RPM). CBP is requiring the Port to execute a no-cost lease for the addition of approximately 25,000 square feet of land for a third RPM site located in Southport at the international entrance to the new Intermodal Container Transfer Facility (ICTF) currently under development by the Florida East Coast Railway (FEC).

The land for the RPMs and the associated booth complexes are used for the non-invasive inspection of in-bound ocean shipping containers and trailers that are exiting Port Everglades into the commerce of the United States. The RPMs detect hidden radioactive sources within the containers as the trailers are driven between two free standing towers comprising the units. The existing two monitors are installed on drive-off lanes adjacent to the exits from the Port on Eller Drive and McIntosh Road. As each tractor-trailer exits Port Everglades, they will be screened. RPMs are located at all major ports as a matter of national security as defined by Congressional action. 

On March 20, 2012 (PH-Item No. 21), the Board approved the Port Everglades Intermodal Container Transfer Facility (ICTF) Lease and Operating Agreement between Broward County and the Florida East Coast Railway, L.L.C. (FEC) to construct an ICTF in the Southport area of Port Everglades. To facilitate the movement of international cargo into and out of the ICTF to port marine cargo terminals, the FEC is constructing the infrastructure for RPMs at the cargo entrance to the ICTF at the south end of the facility. The cost for this infrastructure is being shared by the FEC and Broward County as provided for in the First Amendment to Port Everglades Intermodal Container Transfer Facility (ICTF) Lease and Operating Agreement Between Broward County and the Florida East Coast Railway. L.L.C. (FEC) approved by the Board on January 14, 2014 (PH-Item No. 1). In addition to constructing the RPM facilities, the Port is also responsible for funding the IT infrastructure necessary to outfit the facility. The Board approved a Memorandum of Agreement (MOA) between Broward County and CBP authorizing reimbursement for IT equipment on April 22, 2014 (Item No. 54).

It is customary that the U.S. Government leases be executed by the Lessor prior to execution by the Federal Government. This lease utilizes the U. S. Government Simplified Lease form, and is in substantial final form pending the finalization of language in the lease and completion of the legal description of the leasehold. This lease has been reviewed by the Risk Management Division and the County Attorney's Office as to form.

Fiscal Impact
Fiscal Impact/Cost Summary:
None. This is a no-cost lease, thus the Port will receive no revenue. Port responsibilities for maintenance under the lease will be carried out by existing staff.
Attachments
Exhibit 1 - Agreement Summary
Exhibit 2 - Lease Location
Exhibit 3 - CBP RPM Lease


    

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