THE PORT EVERGLADES DEPARTMENT RECOMMENDS APPROVAL.
This action supports the Broward County Board of County Commissioners' Value of "[E]nsuring economic opportunities for Broward’s diverse population and businesses" and the Goal to "[I]ncrease the economic strength and impact of revenue-generating County enterprises balancing economic, environmental, and community needs."
Everglades Waste Removal Services, LLC (Everglades), has held a vessel oily-waste removal services franchise at Port Everglades since October 9, 2007 (Item No. 6–PH), when the Broward County Board of County Commissioners (Board) granted a non-exclusive franchise to Everglades for an initial one-year term commencing October 9, 2007, and ending October 8, 2008. The most recent renewal of the franchise was approved by the Board on September 10, 2013 (Item No. 6–PH), for a five-year term commencing October 9, 2013, and ending October 8, 2018. Everglades has applied for renewal of the franchise.
Everglades was incorporated in the State of Florida on March 14, 2006. Everglades also holds a five-year vessel sanitary waste water removal services franchise at Port Everglades that expires on June 12, 2022.
Staff has reviewed the vessel oily-waste removal services franchise application against the enumerated renewal criteria set forth in Chapter 32 of the Broward County Administrative Code. Staff’s due diligence included corresponding with Everglades’ representative to clarify franchise requirements and reviewing of Everglades’ corporate status, resumes of executive staff and list of managerial personnel, business history/experience, litigation history, insurance, financial documents and creditworthiness, discharge of previous financial obligations to County, compliance with all franchise terms and conditions, required licenses and certificates, U.S. Coast Guard-approved operations plan, approved oil spill contingency plan, company programs and policies, list of equipment to be used at Port Everglades, statement of intended activities, and actions to promote and develop business growth at Port Everglades. No false or misleading information was submitted as part of the franchise application. Everglades 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.
Everglades' safety and environmental history was also reviewed as submitted under Section Q of the application. No infractions have occurred as a result of Everglades' operations at Port Everglades. A Warning in Lieu of Civil Penalty was issued by the U.S. Coast Guard (USCG) in Miami, Florida, on January 21, 2015, for a discharge of approximately one cup of diesel oil into Biscayne Bay during an over the water transfer. As a result of this incident, Everglades conducted a safety meeting and reviewed their Person In Charge (PIC) training program. Additionally, the PIC at the scene during the incident underwent 30 additional days of training. During an inspection conducted at Everglades’ facility in Ft. Lauderdale on December 15, 2016, the Florida Department of Environmental Protection found several drums containing used oil filters that were improperly labeled. Everglades took corrective action and no violation was issued. Staff believes that Everglades acted promptly and responsibly to resolve the deficiencies documented in Section Q of the application.
Based on the review of information provided in the application, staff has determined that Everglades meets the criteria for renewal of a vessel oily-waste removal services franchise. Vessel oily-waste removal services franchises may be granted for any period of time up to five years. Past practice has been for staff to recommend granting the renewal of a vessel oily-waste removal services franchise for a term of five years. Accordingly, staff is recommending that the franchise be renewed for a five-year term. The complete application and supporting documents are on file in the Port Everglades Business Administration Division.
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