MOTION TO ADOPT Resolution No. 2018-490 directing the County Administrator to publish Notice of Public Hearing to be held on Tuesday, December 4, 2018, at 10:00 a.m. in the County Commissioners’ Meeting Room (Room 422), Governmental Center, 115 South Andrews Avenue, Fort Lauderdale, Florida, to consider the application of TransMontaigne Terminals L.L.C. to renew a nonexclusive franchise to provide vessel bunkering services at Port Everglades for a five-year term, from January 1, 2019, through December 31, 2023.
ACTION: (T-10:28 AM) Approved.
VOTE: 8-0.
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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 October 7, 1993 (Item No. 12-PH), Coastal Fuels Marketing, Inc. (Coastal), 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. On November 10, 1998, (Item No. 8-PH) Coastal was granted renewal of the franchise by the Board for a five-year term, from January 1, 1999, through December 31, 2003. On October 28, 2003, (Item No. 6-PH) the Board approved renewal of the franchise for a five-year term from January 1, 2004, through December 31, 2008. On September 29, 2006, as the result of a merger, a name change was filed with the state of Florida, changing the name Coastal Fuels Marketing, Inc., to Transmontaigne Product Services, Inc. The company's most recent renewal was approved by the Board on November 12, 2013, (Item No. 6-PH) for a five-year term from January 1, 2014, through December 31, 2018. On January 21, 2016, staff received a letter from the Executive Vice President of TransMontaigne Product Services LLC (successor by corporate reformation to Transmontaigne Product Services, Inc.), requesting that the company's franchise be assigned to its affiliate TransMontaigne Terminals L.L.C. (TransMontaigne). The proposed assignee, TransMontaigne, subsequently submitted a franchise application on February 9, 2016. The assignment was approved by the Board on April 12, 2016, (Item No. 2-PH). TransMontaigne, 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 TransMontaigne's representative to clarify franchise requirements and reviewing of TransMontaigne'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. TransMontaigne'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. On September 18, 2016, in Cape Canaveral, Florida, the United States Coast Guard (USCG) issued a Notice of Violation for a discharge of asphalt into the Port Canaveral turning basin, caused by damage to the dock line by a third party. TransMontaigne performed the required repairs to the dock line and cleaned up the spill. A penalty of $5,000 was paid. TransMontaigne also reported 29 air emission and stormwater effluent violations at 11 different facilities outside the state of Florida that were addressed with the cognizant environmental agency. Staff believes that TransMontaigne acted promptly and responsibly to resolve the deficiencies documented in Section Q of the application. No false or misleading information was submitted as part of the franchise application. TransMontaigne has, through the submission of the signed franchise renewal 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 TransMontaigne, 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. |