THE PORT EVERGLADES DEPARTMENT RECOMMENDS APPROVAL.
This action supports the Broward County Board of County Commissioners' Value of "Ensuring economic opportunities for Broward's diverse population and businesses" and Goal to "Increase the economic strength and impact of revenue-generating County enterprises balancing economic, environmental, and community needs."
On December 2, 1993, (Item No. 11-PH) Tropic Oil Company (Tropic Oil) was granted a nonexclusive franchise by the Port Everglades Authority, predecessor in interest to the Broward County Board of County Commissioners (Board), to provide vessel bunkering services at Port Everglades for a term of five years, from January 1, 1994, through December 31, 1998. Renewal of the franchise was approved by the Board on November 10, 1998, (Item No. 13-PH) for a five-year term from January 1, 1999, through December 31, 2003. The most recent renewal of the franchise was approved by the Board on November 12, 2013, (Item No. 5-PH) for a five-year term from January 1, 2013, through December 31, 2018. Tropic Oil has applied for renewal of the franchise.
Staff has reviewed the vessel bunkering services franchise renewal application against the enumerated renewal criteria set forth in Chapter 32 of the Broward County Administrative Code. Staff's due diligence included corresponding with Tropic Oil's representative to clarify franchise requirements and reviewing of Tropic Oil's 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 renewal application. Tropic Oil's safety and environmental history was also reviewed, and infractions are documented in Section Q of the application. No infractions occurred as a result of operations at Port Everglades. During an inspection of Tropic Oil's facility in Medley, Florida, by the Florida Department of Environmental Protection on November 10, 2015, seven intact mercury-containing lamps were observed discarded with non-regulated solid waste in violation of applicable regulations. Company personnel removed the lamps from the trash bin and placed them in properly labeled containers awaiting proper disposal. Since the issue was resolved at the time of the inspection, a Notice of Violation was not issued. Staff believes that Tropic Oil acted promptly and responsibly to resolve the deficiency documented in Section Q of the application. Tropic Oil 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.
Based on the review of information provided in the application, staff has determined that Tropic Oil meets the criteria for renewal of a vessel bunkering services franchise. Vessel bunkering 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 bunkering 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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