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 of the Board of County Commissioners of Broward County, Florida, granting renewal of a nonexclusive, unrestricted Port Everglades marine terminal security services franchise to MACS Transport and Security, LLC, for a new five-year term; providing for franchise terms and conditions.
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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
Allows for the Broward County Board of County Commissioners’ (“Board”) consideration of the Resolution granting renewal of a nonexclusive, unrestricted Port Everglades marine terminal security services franchise to MACS Transport and Security, LLC, for a new five-year term.
Goal Related Icon(s)
☒County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
Request to Set Public Hearing was approved by the Board on November 12, 2024 (Item No. 16).
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.”
Norton Lilly International, Inc. d/b/a MACS Marine Transport (“Norton Lilly”) has provided marine terminal security services at Port Everglades since January 2024. On January 23, 2024 (Item No. 44), the Board granted Norton Lilly a nonexclusive, unrestricted marine terminal security services franchise for a one-year term, from January 23, 2024, through January 22, 2025. Norton Lilly has provided safeguarding services for the transportation of non-US crewmembers from ships to airports as U.S. Customs and Border Protection requires. For commercial reasons, Norton Lilly has taken steps to restructure its marine terminal security services under a new subsidiary named MACS Transport and Security, LLC (“MACS”). On September 27, 2024, Norton Lilly requested to renew its marine terminal security franchise under the MACS name. MACS is owned 100% by Norton Lilly, which is financially responsible for MACS.
Staff reviewed the marine terminal security service franchise application against the enumerated criteria outlined in Chapter 32 of the Administrative Code. Staff's due diligence included, among other things: (a) corresponding with MACS’s representative to clarify franchise requirements; (b) reviewing MACS’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, certificates, company programs and policies, list of equipment to be used at Port Everglades, and statement of activities and actions indicating that MACS has maintained a favorable service performance record in Port Everglades during the term of its prior franchise agreements; and (c) ensuring that MACS has promoted and developed growth in the business activities, projects, or facilities of Port Everglades. Staff also reviewed MACS's safety and environmental history and found no infractions.
By submitting the signed franchise application, MACS 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 application, staff recommends granting 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.
The Resolution to Publish Notice of Public Hearing and the signed franchise application documents are attached to the Request to Set Public Hearing Agenda Item (Item No. 16) that the Board approved on November 12, 2024.
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
MACS has paid the required annual fee of $2,360 and will pay an additional $9,940 in annual franchise fees over the franchise term, for a total of $11,800.