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 American Guard Services, Inc., 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 American Guard Services, Inc., for a new five-year term.
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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.”
American Guard Services (“American Guard”), a California corporation registered with the Florida Department of State since September 20, 2002, has provided marine terminal security services at Port Everglades since January 2009. On December 3, 2019 (Item No. 64), the Board granted American Guard a nonexclusive, unrestricted marine terminal security services franchise for a five-year term, from January 1, 2020, through December 31, 2024. American Guard 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 American Guard’s representative to clarify franchise requirements; (b) reviewing American Guard’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 American Guard has maintained a favorable service performance record in Port Everglades during the term of its prior franchise agreement; and (c) ensuring that American Guard has promoted and developed growth in the business activities, projects, or facilities of Port Everglades. Staff also reviewed American Guard’s safety and environmental history, finding one infraction: an Occupational Safety and Health Administration (“OSHA”) report showed one infraction in California for a misplaced hand sanitizer. American Guard was fined $750, which they paid. The violation was corrected during the inspection.
By submitting the signed franchise application, American Guard 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.
The complete application and supporting documents are on file in the Port Everglades Business Development Division.
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
American Guard 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.