Broward County Commission Regular Meeting


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AI-24647 58.       
Meeting Date: 06/06/2017  
Director's Name: Steven Cernak
Department: Port Everglades Division: Business Administration

Information
Requested Action
MOTION TO ADOPT Resolution No. 2017-326 of the Board of County Commissioners of Broward County, Florida, consenting to the assignment of a nonexclusive marine terminal security services franchise from AlliedBarton Security Services, LLC, to Universal Protection Service, LLC, d/b/a Allied Universal Security Services, to provide marine terminal security services at Port Everglades for the remainder of the five-year franchise term which expires on December 31, 2019; and providing for nondiscrimination, compliance with applicable law, severability, and an effective date; and authorizing the Mayor and Clerk to execute the franchise.

ACTION:  (T-10:56 AM)  Approved.  (Refer to minutes for full discussion.)
 
VOTE: 8-0.  Commissioner LaMarca was not present.
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
Approves the assignment of a marine terminal security services franchise at Port Everglades due to a corporate merger.
Is this Action Goal Related
Previous Action Taken
Request to set public hearing was approved by the Board on May 23, 2016 (Item No. 16).
Summary Explanation/Background
THE PORT EVERGLADES DEPARTMENT RECOMMENDS APPROVAL.

This action supports the Board of County Commissioners' Value of "Ensuring economic opportunities for all people and businesses in Broward" and the Goal to "Increase the economic strength and impact of revenue-generating County enterprises balancing economic, environmental, and community needs."

AlliedBarton Security Services, LLC (AlliedBarton), a Delaware limited liability company since December 1, 2004, filed to conduct business in the State of Florida on May 9, 2008. AlliedBarton is the largest American-owned contract security company in the United States, with 120 offices, employing more than 55,000 employees throughout the country. Allied Barton has held a marine terminal security franchise at Port Everglades since December 9, 2008, when the company was granted a non-exclusive franchise by the Broward County Board of County Commissioners (Board) to provide marine terminal security services for an initial one-year term commencing January 1, 2009, and ending December 31, 2009 (Item No. 16-PH). On December 9, 2014 (Item No. 12-PH), the Board granted the latest renewal of the franchise for a five-year term commencing January 1, 2015 and ending December 31, 2019.

On December 22, 2016, staff received a letter from AlliedBarton, informing of the corporate merger between AlliedBarton’s parent company and the parent company of Universal Services of America, Inc., resulting in a newly branded entity, Universal Protection Service, LLC, d/b/a Allied Universal Security Services (Allied Universal), and requesting the assignment of the marine terminal security franchise at Port Everglades to the new entity for the remainder of the franchise term ending December 31, 2019 (see Exhibit 5).

Port staff has reviewed the assignment application pursuant to the Broward County Administrative Code and has determined that the proposed assignee meets the criteria for assignment, and that the proposed assignment is in accordance with past practice. Staff’s due diligence included corresponding with the applicant’s representative to clarify franchise requirements, reviewing the applicant’s corporate status, business history/experience, environmental history, litigation history, insurance, financial documents and creditworthiness, required licenses, and company programs and policies. The applicant’s Occupational Safety and Health Administration (OSHA) history was reviewed. Allied Universal received several notices of violation, none of which involved seaports. The company complied with all payments, documentation and other conditions required by OSHA to close the cases. Two minor infractions were issued by the U.S. Coast Guard (USCG), one of which occurred in Port Everglades on January 1, 2014, for allowing access to a marine terminal to an individual with an expired Transportation Worker Identification Credential (TWIC). Port staff has reviewed the corrective actions taken by Allied Universal and is satisfied that they have addressed the issues that led to the violations.
 
The franchise agreement has been reviewed by the Port Everglades' Risk Manager 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.
Source of Additional Information
Jorge Hernández, Enterprise Director, Business Administration Division, 954-468-3501
Ángela Osorno Belleme, Franchise and Business Permit Manager, Business Administration Division, 954-468-0112

Fiscal Impact
Fiscal Impact/Cost Summary:
Proposed assignee submitted the required assignment fee of $4,000 at the time of application. In addition, proposed assignee will pay an additional $2,250 per year in annual franchise fees over the remaining three years of the term of the franchise, for a total of $10,750.
Attachments
Exhibit 1 - Agreement Summary
Exhibit 2 - Resolution
Exhibit 3 - Agreement
Exhibit 4 - Application
Exhibit 5 - Request Letter


    

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