Broward County Commission Public Hearing

MOTION TO ADOPT Resolution No. 2014-256 of the Board of County Commissioners of Broward County, Florida, granting a non-exclusive restricted cargo handler franchise to Fast Terminal Corp to provide cargo handler services at Port Everglades, restricted to proprietary cargo handled on vessels owned or chartered by SC Line, S.A. and cargo that is “new business” as defined by Section 32.16.b.10 of the Broward County Administrative Code, for a one-year term commencing April 22, 2014 and ending April 21, 2015; providing for non-discrimination/applicable law; providing for severability; providing for an effective date; and authorizing the Mayor and Clerk to execute the franchise.

(Per the Tuesday Morning, Memorandum, Exhibit 2 added an approval block at the end of the resolution that reads:  Approved as to form and legal sufficiency, Joni Armstrong Coffey, County Attorney.  By /s/ Russell J. Morrison 04/16/14, Senior Assistant County Attorney.)

ACTION:  (T-5:15 PM)  Approved.  (Refer to minutes for full discussion.)

VOTE:  8-0.  Commissioner Jacobs was not present.

Public hearing is required pursuant to Chapter 94-429, Laws of Florida, and Section 32.22a of the Broward County Administrative Code. Franchises are issued pursuant to Chapter 32 of the Broward County Administrative Code.

It allows franchisee to provide restricted cargo handler services at Port Everglades.

Request to set public hearing was approved on April 8, 2014 (Item No. 9).

THE PORT EVERGLADES DEPARTMENT RECOMMENDS APPROVAL.

Fast Terminal Corp (Fast), a Florida corporation, was incorporated on February 1, 2013. The company was formed to provide land-based cargo handling services for its sister company, SC Line, S.A., a Panamanian company. Both companies share common ownership. Fast has applied for a cargo handler franchise and wishes to add Port Everglades to its other facilities at Santa Marta, Colombia and Manzanillo, Mexico, providing Ro-Ro (roll on, roll off) processing for heavy equipment, automotive and trucking industry manufacturers, as well as serve the Ro-Ro and break bulk terminal shipping needs of future clients not currently calling at the Port. SC Line, S.A. has been moving cargo through Port Everglades since May 2012 using another franchised cargo handler.

Port staff has reviewed the cargo handler franchise application against the enumerated issuance criteria set forth in Chapter 32 of the Broward County Administrative Code. Staff’s due diligence included corresponding with the applicant’s representative to clarify franchise requirements, and reviewing the applicant’s corporate status, business history/experience, litigation history, insurance, financial documents and creditworthiness, required licenses, company programs and policies, and statement of intended activities. In addition, the applicant’s environmental history was reviewed, and no environmental violations were found.

Staff has determined that the applicant meets the issuance criteria for a new cargo handler franchise. Cargo handler franchises may be issued for any period of time up to ten years. Past practice has been for staff to recommend issuance of a cargo handler franchise for an initial term of one year and each subsequent renewal for a term of up to ten years. Accordingly, staff is recommending that the cargo handler franchise be approved for an initial one-year term, restricted to proprietary cargo handled on vessels owned or chartered by SC Line, S.A. and any other cargo that is “new business” as defined by Section 32.16.b.10 of the Broward County Administrative Code.

The franchise agreement has been reviewed by the Risk Management Division and approved as to form by the Office of the County Attorney. The complete application and supporting documents are on file in the Port Everglades Business Administration Office.