THE PORT EVERGLADES DEPARTMENT RECOMMENDS APPROVAL.
This action supports the Board of County Commissioners' Value of "Ensuring economic opportunities for Broward's diverse population and businesses" and the Goal to "Increase the economic strength and impact of revenue-generating County enterprises balancing economic, environmental, and community needs."
Tethys Supply and Marketing, LLC (Tethys), was formed in the State of Oklahoma on October 23, 2015, and registered to conduct business in the State of Florida on August 22, 2016. Tethys has been providing vessel bunkering services since August, 2017, in PortMiami to clients including Seaboard Marine, Integrity Fuels, and Victory Cruise Line. Tethys has been providing vessel bunkering services since August, 2017, in the Port of Palm Beach to clients including Tropical Shipping, SMT Shipping, and Key Marine Americas. Tethys has submitted an application for a new nonexclusive vessel bunkering franchise at Port Everglades. Tethys intends to expand its operation to provide vessel bunkering services to ships calling at Port Everglades.
Port staff has reviewed the vessel bunkering franchise application against the enumerated criteria set forth in Chapter 32 of the Broward County Administrative Code. Staff’s due diligence included corresponding with Tethys' representative to clarify franchise requirements and reviewing Tethys' corporate status, resumes of executive staff and list of managerial personnel, business history/experience, litigation history, insurance, financial documents and creditworthiness, required licenses and certificates, U.S. Coast Guard-approved operations and oil spill contingency plans, company programs and policies, list of equipment to be used at Port Everglades, and statement of intended activities. In addition, Tethys' safety and environmental history was reviewed, and no violations were found.
Based on the review of information provided in the application, staff has determined that Tethys meets the criteria for the granting of a vessel bunkering franchise. Vessel bunkering franchises may be granted for any period of time up to five years. Past practice has been for staff to recommend the granting of a new vessel bunkering franchise for an initial term of one year. This will be Tethys’ first vessel bunkering franchise at Port Everglades. Accordingly, staff is recommending that the vessel bunkering franchise be granted for an initial one-year term. Complete application and supporting documents are on file in the Port Everglades Business Administration Division.
To allow for a more efficient franchise approval process, the Resolution granting a franchise (see Exhibit 1) has been modified to incorporate the franchise terms and conditions previously included in the franchise agreement, thus eliminating the need for a separate franchise agreement. Tethys has, through the submission of the signed franchise application, agreed to comply with all franchise conditions set forth in Section 32.24 of the Broward County Administrative Code and in the Resolution. Once the Resolution is approved by the Board, the Port will, pursuant to Section 32.27 of the Broward County Administrative Code, issue a franchise certificate setting forth the terms and conditions of the franchise.
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