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File #: 22-923   
Status: Agenda Ready
In control: REQUEST TO SET FOR PUBLIC HEARING
On agenda: 6/14/2022 Final action: 6/14/2022
Title: MOTION TO ADOPT Resolution directing the County Administrator to publish Notice of Public Hearing to be held on August 25, 2022, at 10:00 a.m., in Room 422 of the Governmental Center, 115 South Andrews Avenue, Fort Lauderdale, Florida, to consider the application of Cemex Construction Materials Florida, LLC, for the granting of a renewal of a nonexclusive franchise for a ten-year term to provide stevedore services at Port Everglades.
Indexes: Established Commission Goals
Attachments: 1. Exhibit 1 - Resolution, 2. Exhibit 2 - Notice to Publish, 3. Exhibit 3 - Application
Date Action ByActionResultAction DetailsMeeting DetailsVideo
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Broward County Commission Regular Meeting                               

Director's Name:  Jonathan Daniels

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 August 25, 2022, at 10:00 a.m., in Room 422 of the Governmental Center, 115 South Andrews Avenue, Fort Lauderdale, Florida, to consider the application of Cemex Construction Materials Florida, LLC, for the granting of a renewal of a nonexclusive franchise for a ten-year term to provide stevedore services at Port Everglades.

 

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Why Action is Necessary

Pursuant to Section 32.22 of the Broward County Administrative Code (“Administrative Code”), Broward County (the “County”) must hold a public hearing prior to granting, renewing, placing on probation, suspending, or revoking a franchise.

 

What Action Accomplishes

Directs the County Administrator to publish Notice of Public Hearing during which the Broward County Board of County Commissioners may consider the granting of a renewal of a nonexclusive franchise to Cemex Construction Materials Florida, LLC, for a ten-year term to provide stevedore services at Port Everglades.

 

Is this Action Goal Related

Yes

 

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 “Ensuring economic opportunities for Broward’s diverse population and businesses” and the Goal to “Increase the economic strength and impact of revenue-generating County enterprises balancing economic, environmental, and community needs.”

 

Cemex Construction Materials Florida, LLC (“Cemex”) and its predecessors have provided stevedore services at Port Everglades under a series of approved franchise agreements since 1991. On September 11, 2012 (Item No. 5-PH), the Board granted renewal of a nonexclusive franchise to Cemex to provide stevedore services at Port Everglades for a ten-year term, from September 16, 2012, through September 15, 2022. Cemex has applied for renewal of the franchise. Cemex has also applied for renewal of the company’s cargo handler franchise which is the subject of a separate agenda item.

 

Staff reviewed the stevedore 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 Cemex’s representative to clarify franchise requirements; (b) reviewing Cemex’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, statement of activities and actions indicating that Cemex has maintained a favorable service performance record in Port Everglades during the term of its prior franchise agreements; and (c) ensuring that Cemex has promoted and developed growth in the business activities, projects, or facilities of Port Everglades. Staff also reviewed Cemex’s safety and environmental history, and one citation for improper storage of used batteries at Cemex’s Brooksville, FL facility was reported in February 2022 but corrected to the satisfaction of the Florida Department of Environmental Protection without penalty.

 

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

 

Based on the review of information provided in the franchise renewal application, staff recommends renewing the stevedore franchise. Per Section 32.16 of the Administrative Code, the County may grant stevedore franchises for up to ten years. Therefore, consistent with past practice, staff recommends renewing the franchise for a ten-year term.

 

The complete application and supporting documents are on file in the Port Everglades Business Development Division’s office.

 

 

Source of Additional Information

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

Angela Osorno Belleme, Franchise Manager, Business Development Division, Port Everglades Department, (954) 468-0112

 

Fiscal Impact

Fiscal Impact/Cost Summary

Cemex has paid the required annual fee of $4,000 and shall pay an additional $36,000 in annual franchise fees over the franchise term, for a total of $40,000.