Legislation Details

File #: 24-552   
In control: REQUEST TO SET FOR PUBLIC HEARING
Agenda Date: 5/21/2024 Final action: 5/21/2024
Title: MOTION TO ADOPT Resolution directing the County Administrator to publish Notice of Public Hearing to be held on June 4, 2024, at 10:00 a.m., in Room 422 of Governmental Center East to consider the application of Proteus Supply and Trading, LLC, for the granting of a renewal of a nonexclusive, unrestricted Port Everglades vessel bunkering services franchise for a new five-year term.
Indexes: Established Commission Goals
Attachments: 1. Exhibit 1 - Application, 2. Exhibit 2 - Resolution to Publish Notice of Public Hearing, 3. Exhibit 3 - Proposed Resolution to Grant Franchise Renewal
Date Action ByActionResultAction DetailsMeeting DetailsVideo
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Broward County Commission Regular Meeting                               

Director's Name:  Glenn Wiltshire (Acting Director)

Department:                       Port Everglades                                          Division: Business Development

 

Information

Requested Action

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MOTION TO ADOPT Resolution directing the County Administrator to publish Notice of Public Hearing to be held on June 4, 2024, at 10:00 a.m., in Room 422 of Governmental Center East to consider the application of Proteus Supply and Trading, LLC, for the granting of a renewal of a nonexclusive, unrestricted Port Everglades vessel bunkering services franchise for a new five-year term.

 

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Why Action is Necessary

Pursuant to Section 32.22 of the Broward County Administrative Code (“Administrative Code”) and the applicable provisions of Chapter 94-429, Laws of Florida, Broward County (the “County”) must hold a public hearing prior to granting, renewing, placing on probation, suspending, or revoking a franchise.

 

What Action Accomplishes

Enables the setting of a public hearing during which the Broward County Board of County Commissioners may consider adopting the proposed Resolution granting renewal of a nonexclusive, unrestricted Port Everglades vessel bunkering services franchise to Proteus Supply and Trading, LLC, for a new five-year term.

 

Goal Related Icon(s)

☒County Commission

☐Go Green

☐MAP Broward

 

Previous Action Taken

None

 

Summary Explanation/Background

THE PORT EVERGLADES DEPARTMENT RECOMMENDS APPROVAL.

 

This action supports the Broward County Board of County Commissioners’ (“Board”) Value of “Building partnerships and working collaboratively with others to meet shared objectives” and the Goal of “Ensuring economic opportunities and a sustainable economy, with an emphasis on Broward’s lower and middle class.”

 

Proteus Supply and Trading, LLC (“Proteus”), has been providing vessel bunkering services at Port Everglades since 2021. On April 20, 2021 (Item No. 24), the Board granted the assignment of a nonexclusive, unrestricted vessel bunkering service franchise from Tethys Supply and Marketing, LLC, to Proteus, for a term commencing on April 20, 2021, and ending June 4, 2024. Proteus has applied for renewal of the franchise.

 

Staff reviewed the vessel bunkering services franchise renewal application against the enumerated renewal criteria outlined in Chapter 32 of the Administrative Code. Staff's due diligence included, among other things: (a) corresponding with Proteus’s representative to clarify franchise requirements; (b) reviewing Proteus’s corporate status, resumes of executive staff, list of managerial personnel, business history/experience, litigation history, insurance certificate(s), financial documents and creditworthiness, discharge of previous financial obligations to the County, compliance with all franchise terms and conditions and established rules and regulations of the County, required licenses and certificates, company programs and policies, list of equipment to be used at Port Everglades, and statement of activities and actions indicating that Proteus has maintained a favorable service performance record in Proteus during the term of its prior franchise agreements; and (c) ensuring that Proteus has promoted and developed growth in the business activities, projects, or facilities of Port Everglades. Staff also reviewed Proteus's safety and environmental history and found no infractions.

 

By submitting the signed franchise application, Proteus has agreed to comply with all franchise conditions outlined in Section 32.24 of the Administrative Code.

 

Based on the review of information provided in the franchise renewal application, staff recommends renewing the vessel bunkering services franchise. Per Section 32.20 of the Administrative Code, the County may grant vessel bunkering services franchises for up to five years. Consistent with past practice, staff recommends renewing the franchise for a five-year term.

 

Source of Additional Information

Jorge Hernández, Director, Business Development Division, Port Everglades Department, (954) 468-3501

Paula Serpa, Franchise and Business Permit Manager, Business Development Division, Port Everglades Department, (954) 468-0185

 

Fiscal Impact

Fiscal Impact/Cost Summary

Proteus has paid the required annual fee of $2,360 and will pay an additional $9,440 in annual franchise fees over the franchise term, for a total of $11,800.