Broward County Commission Regular Meeting


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AI-29135 44.       
Meeting Date: 05/21/2019  
Director's Name: Glenn Wiltshire (Acting Director)
Department: Port Everglades Division: Business Administration

Information
Requested Action
MOTION TO ADOPT Resolution No. 2019-282 of the Board of County Commissioners of Broward County, Florida, granting renewal of a nonexclusive franchise to Tethys Supply and Marketing, LLC, for a five-year term to provide vessel bunkering services at Port Everglades, from June 5, 2019, through June 4, 2024; providing for franchise terms and conditions; and providing for severability and an effective date.

ACTION:  (T-11:45 AM)  Approved.  (Refer to minutes for full discussion.)

VOTE:  9-0.
Why Action is Necessary
Public hearing is required pursuant to Chapter 94-429, Laws of Florida, and Section 32.22a of the Broward County Administrative Code. Franchises are granted pursuant to Chapter 32 of the Broward County Administrative Code.
What Action Accomplishes
It allows franchisee to continue to provide vessel bunkering services at Port Everglades.
Is this Action Goal Related
Previous Action Taken
Request to set Public Hearing was approved by the Broward County Board of County Commissioners (Board) on May 7, 2019 (Item No. 24).
Summary Explanation/Background
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 June 5, 2018 (Item No. 58-PH), Tethys Supply and Marketing, LLC (Tethys), was granted a nonexclusive franchise by the Board to provide vessel bunkering services at Port Everglades for a term of one year, from June 5, 2018, through June 4, 2019. Tethys has applied for renewal of the franchise for an additional five-year term, from June 5, 2019, through June 4, 2024.

Tethys registered to conduct business in the State of Florida on August 22, 2016. Tethys has provided vessel bunkering services in the Port of Palm Beach and Port Miami since August 2017, and vessel bunkering services in Port Everglades since the franchise was granted in June 2018.

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 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, discharge of previous financial obligations to County, compliance with all franchise terms and conditions and established County rules and regulations, required licenses and certificates, company programs and policies, list of equipment to be used at Port Everglades, statement of activities and actions indicating that Tethys has promoted and developed growth in the business activities, projects or facilities of Port Everglades during the term of the franchise. Tethys’ environmental history was also reviewed and no environmental violations were found. No false or misleading information was submitted as part of the franchise renewal application. Tethys 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 Tethys 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.

The Resolution and Notice to Publish from the Request to Set Public Hearing agenda item approved by the Board on May 7, 2019 (Item No. 24) are attached as Exhibit 1 and Exhibit 2.
Source of Additional Information
Jorge Hernández, Enterprise Director of Administration, Port Everglades Department, (954) 468-3501
Ángela Osorno Belleme, Franchise Manager, Business Administration Division, Port Everglades Department, (954) 468-0112

Fiscal Impact
Fiscal Impact/Cost Summary:
Tethys Supply and Marketing, LLC has paid the required annual fee of $2,250, and will pay an additional $9,000 in annual franchise fees over the term of the franchise, for a total of $11,250.
Attachments
Exhibit 1 - Resolution to Set Public Hearing Date
Exhibit 2 - Published Notice
Exhibit 3 - Resolution Renewal of Franchise
Exhibit 4 - Application


    

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