MOTION TO ADOPT Resolution No. 2018-548 of the Board of County Commissioners of Broward County, Florida, granting renewal of a nonexclusive franchise to Port Consolidated, Inc., for a five-year term to provide vessel bunkering services at Port Everglades, from January 1, 2019, through December 31, 2023; providing for franchise terms and conditions; and providing for severability and an effective date.
ACTION: (T-11:11 AM) Approved. (Refer to minutes for full discussion.)
VOTE: 9-0.
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THE PORT EVERGLADES DEPARTMENT RECOMMENDS APPROVAL.
This action supports the Broward County Board of County Commissioners' (Board) 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."
On December 2, 1993 (Item No. 9-PH), Consolidated Oil Co. 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. 9-PH), for a five-year term, from January 1, 1999, through December 31, 2003. On August 16, 2000, Consolidated Oil Co. changed its name to Port Consolidated, Inc. (Port Consolidated), as a result of a merger between Consolidated Oil Co. and Port Petroleum, Inc. On October 28, 2003 (Item No. 7-PH), the Board approved the renewal of the franchise for a five-year term, from January 1, 2004, through December 31, 2008. The most recent renewal of the franchise was approved by the Board on November 12, 2013 (Item No. 4-PH), for a five-year term, from January 1, 2014, through December 31, 2018. Port Consolidated 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 Port Consolidated's representative to clarify franchise requirements and reviewing of Port Consolidated'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. Port Consolidated'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 October 10, 2014, the United States Coast Guard (USCG) issued a Notice of Violation for a discharge of approximately 10 gallons of diesel fuel into the Gulf Shallow Water Spine Access in Fort Myers, Florida, due to a tear in a transfer hose. The transfer was stopped and absorbent boom and pads were deployed. Port Consolidated replaced the hose to prevent further occurrence. No penalties were assessed. Staff believes that Port Consolidated 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 renewal application.
Port Consolidated 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 Port Consolidated 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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