Broward County Commission Regular Meeting
Director's Name: Joseph Morris
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 October 22, 2024, at 10:00 a.m., in Room 422 of Governmental Center East to consider the application of Universal Protection Service, LLC, d/b/a Allied Universal Security Services, LLC, for the granting of a renewal of a nonexclusive, unrestricted Port Everglades marine terminal security 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 marine terminal security services franchise to Universal Protection Service, LLC, d/b/a Allied Universal Security Services, LLC for a new five-year term.
Goal Related Icon(s)
☒County Commission
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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.”
Universal Protection Service, LLC, d/b/a Allied Universal Security Services, LLC ("Allied Universal"), a Delaware limited liability company, filed with the Division of Corporations to conduct business in the State of Florida on January 30, 2012, and has provided marine terminal security services at Port Everglades since June 2016. On December 3, 2019 (Item No. 62), the Board granted Allied Universal a nonexclusive, unrestricted marine terminal security services franchise for a five-year term, from January 1, 2020, through December 31, 2024. Allied Universal has applied for renewal of the franchise.
Staff reviewed the marine terminal security service franchise 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 Allied Universal’s representative to clarify franchise requirements; (b) reviewing Allied Universal’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 Allied Universal has maintained a favorable service performance record in Port Everglades during the term of its prior franchise agreement; and (c) ensuring that Allied Universal has promoted and developed growth in the business activities, projects, or facilities of Port Everglades.
Allied Universal disclosed several violations in their franchise application (Section Q). On March 23, 2024, the U.S. Coast Guard Sector Miami issued two citations related to a single security incident at a cruise terminal at Port Everglades: 1) failure to implement required security measures and 2) failure to report the breach. These violations resulted in a combined fine of $8,000. In response, Allied Universal introduced a wristband policy for recurring access and provided additional training to personnel at all access control posts. Additionally, all failed Transportation Worker Identification Credential (“TWIC”) screenings are now reported to the Broward Sheriff's Office, and corresponding Port IDs are confiscated.
Furthermore, Allied Universal disclosed 14 Occupational Safety and Health Administration (“OSHA”) citations issued between 2019 and 2022, totaling $56,030 in fines. None of these citations occurred in Florida, and corrective actions were taken for each case.
A staff review of the OSHA website identified 40 activity reports across various states, with only one incident occurring in Florida, specifically in Palm Beach Gardens. Most of these reports were related to complaints and inspections, while six were classified as accidents. Some incidents resulted in fines totaling $20,045, all paid by Allied Universal.
Most of the cases have been resolved, except two that remain open and under dispute: a safety inspection from June 22, 2023, in Los Angeles, CA, and a referral from March 6, 2024, in Washington, DC.
Staff confirmed that all cited violations have been addressed and Allied Universal has returned to full compliance.
By submitting the signed franchise application, Allied Universal has agreed to comply with all franchise conditions outlined in Section 32.24 of the Administrative Code.
Based on the review of the information provided in the franchise renewal application, staff recommends renewing the marine terminal security service franchise. Per Section 32.20.1 of the Administrative Code, the County may grant marine terminal security service franchises for up to five years. Consistent with past practice, staff recommends granting 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
Allied Universal 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.