Broward County Commission Regular Meeting


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AI-17028 28.       
Meeting Date: 06/24/2014  
Director's Name: Steven Cernak
Department: Port Everglades Division: Business Administration

Information
Requested Action
MOTION TO ADOPT Resolution No. 2014-345 directing the County Administrator to publish a Notice of Public Hearing to be held August 12, 2014, at 2:00 p.m. in the County Commissioners’ Meeting Room (Room 422), 115 South Andrews Avenue, Governmental Center, to consider an application to renew the non-exclusive franchise of CleanPro Enviro Solution, LLC, to provide vessel oily waste removal services at Port Everglades, for a five-year term commencing September 10, 2014 and ending September 9, 2019.

ACTION:  (T-10:23 AM)  Approved.
 
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 issued pursuant to Chapter 32 of the Broward County Administrative Code.
What Action Accomplishes
It allows a Public Hearing date to be set and notices to be published twice in local newspapers.
Is this Action Goal Related
Previous Action Taken
None.
Summary Explanation/ Background
THE PORT EVERGLADES DEPARTMENT RECOMMENDS APPROVAL.

On September 10, 2013 (Item No. 4-PH), the Broward County Board of County Commissioners granted a non-exclusive franchise to CleanPro Enviro Solution, LLC (CleanPro), to provide vessel oily waste removal services at Port Everglades, for a one-year term commencing September 10, 2013 and ending September 9, 2014.

CleanPro Enviro Solution, LLC filed to do business in the state of Florida on November 9, 2009. The company, a used oil transporter and processor located in Miami, Florida, is a wholly owned subsidiary of Waste Pro of Florida, Inc., a solid waste management company that incorporated in Florida in 2001, and purchased CleanPro in May of 2009. CleanPro has applied for renewal of its vessel oily waste removal service franchise. The company has also applied for renewal of its vessel sanitary waste water removal service franchise, which is the subject of a separate agenda item.

Port staff has reviewed the vessel oily waste removal service franchise application against the enumerated renewal 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 in the applicant’s name or in conjunction with vessel oily waste removal services. However, in the interest of disclosure, Section Q.1 of the application includes a warning notice issued to the applicant’s managing member, Waste Pro of Florida, Inc. The company received a warning notice on April 14, 2010, from the Broward County Environmental Protection and Growth Management Department for allowing runoff of vehicle wash wastewater onto the ground at its facility in Pembroke Pines while washing commercial trucks. Documentation regarding this warning letter is included under Section Q of the application. Proper containment and disposal practices were discussed with the company. The company provided a letter stating it had ceased washing its vehicles on site. The case was closed on October 22, 2010. No fine was issued. Also included in Section Q.1 are one citation and five warning notices issued to an affiliated company, Waste Pro USA, Inc., which is the parent company of Waste Pro of Florida, Inc. (See Section Q.1.)

Staff has determined that the applicant meets the criteria for renewal of a vessel oily waste removal service franchise. Vessel oily waste removal service franchises may be issued for any period of time up to five years. Past practice has been for staff to recommend issuance of a vessel oily waste removal service franchise for an initial term of one year and each subsequent renewal for a term of up to five years. Accordingly, staff is recommending that the vessel oily waste removal service franchise be renewed for a five-year term.

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

Fiscal Impact
Fiscal Impact/Cost Summary:
Applicant 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. In addition, the Applicant has provided an indemnity and payment bond in the amount of $40,000 as security for its franchises.
Attachments
Exhibit 1 - Agreement Summary
Exhibit 2 - Resolution
Exhibit 3 - Notice to Publish
Exhibit 4 - Franchise Agreement
Exhibit 5 - Application


    

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