‌A meeting of the Manatee County Port Authority will be held during a Land Use meeting Thursday, March 21, 2024, at 1:30 p.m., or as soon as is practicable, in the Patricia M. Glass Commission Chambers on the first floor of the County Administrative Center at 1112 Manatee Avenue West, Bradenton, Florida.

Any person requiring special accommodations at this meeting because of a disability or physical impairment should contact Pam Wingo 48 hours in advance of the meeting by telephone (941) 721- 2395 or by email at pwingo@seaportmanatee.com

MANATEE COUNTY PORT AUTHORITY AGENDA

March 21, 2024

1:30 p.m.

The Manatee County Port Authority may take action on any matter during this meeting, including those items set forth within this agenda. The chairperson, at the option of the chairperson, may take business out of order if the chairperson determines that such a change in the agenda’s schedule will expedite the business of the Port Authority.

CALL TO ORDER
Public Comments
Consent Agenda
Requests by Port Authority (items to be pulled from Consent Agenda)
Executive Director Comments
Commissioner Comments
Adjourn

According to Section 286.0105, Florida Statutes, any person desiring to appeal any decision made by the Port Authority with respect to any matter considered at this meeting will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made, which includes the testimony and evidence upon which the appeal is to be based.

Kevin Van Ostenbridge, Chairman;

Jason Bearden 1st Vice-Chairman; Ray Turner 2nd Vice-Chairman; Amanda Ballard 3rd Vice-Chairman; George Kruse, Member; Mike Rahn, Member;

James Satcher, Member

‌March 21, 2024

CONSENT AGENDA
1. Warrant List
2. Minutes – February 27, 2024
3. Budget Resolution
4. Asset Deletion
5. Del Monte Fresh Produce First Amendment
6. Alpico International Lease Amendment #10
7. Port Manatee and Frontier Florida, LLC Lease
8. Purchase of Mobile Harbor Crane(s)

RECOMMENDATION:

Move to approve the Consent Agenda incorporating the language as stated in the recommended motions on the cover sheets for the Consent Agenda items.

‌AP	XXXXXXX	V019302	ABBOTT, PAUL SCOTT	1,818.75
AP	XXXXXXX	V029295	AMAZON CAPITAL SERVICES INC	3,396.45
AP	XXXXXXX	V029295	AMAZON CAPITAL SERVICES INC	80.57
AP	XXXXXXX	V029295	AMAZON CAPITAL SERVICES INC	4,330.83
AP	XXXXXXX	V029295	AMAZON CAPITAL SERVICES INC	1,767.16
AP	XXXXXXX	V029295	AMAZON CAPITAL SERVICES INC	193.93
AP	XXXXXXX	V023321	AMERICAN EXPRESS TRAVEL RELATE	84.46
AP	XXXXXXX	V113719	APEX OFFICE PRODUCTS INC	308.71
AP	XXXXXXX	V023254	ARCPOINT LABS OF SARASOTA	55.00
AP	XXXXXXX	V118009	AT AND T	78.98
AP	XXXXXXX	V013140	AT AND T MOBILITY	111.02
WT	XXXXXXX	V019189	BANK OF AMERICA	9,585.07
AP	XXXXXXX	V002730	BANK OF AMERICA	1,947.19
AP	XXXXXXX	V385114	BILL HALFACRE INC.	121,710.00
AP	XXXXXXX	V027297	BOULEVARD TIRE CENTER	1,337.36
AP	XXXXXXX	V009839	BRYANT MILLER AND OLIVE PA	7,274.50
AP	XXXXXXX	P000278	BUQUERAS, CARLOS	358.24
AP	XXXXXXX	P000278	BUQUERAS, CARLOS	690.00
AP	XXXXXXX	V029174	CHARTER COMMUNICATIONS	117.97
AP	XXXXXXX	V029174	CHARTER COMMUNICATIONS	579.98
AP	XXXXXXX	V021377	CINTAS CORPORATION	254.94
AP	XXXXXXX	V006291	DEX IMAGING INC	258.03
AP	XXXXXXX	V006291	DEX IMAGING INC	176.08
AP	XXXXXXX	P000265	EDWARDS, MALCOLM R	388.00
AP	XXXXXXX	V000096	ELECTRIC SUPPLY OF TAMPA INC	1,690.05
AP	XXXXXXX	V022096	ENTECH	607.25
AP	XXXXXXX	V022096	ENTECH	2,633.60
AP	XXXXXXX	V024683	EVERGLADES EQUIPMENT GROUP	222.08
AP	XXXXXXX	V024683	EVERGLADES EQUIPMENT GROUP	1,331.02
AP	XXXXXXX	V320642	FAIRBANKS SCALES	1,327.00
AP	XXXXXXX	P000409	FITZ PATRICK, DANIEL P	283.00
AP	XXXXXXX	P000409	FITZ PATRICK, DANIEL P	151.12
AP	XXXXXXX	P000409	FITZ PATRICK, DANIEL P	90.66
ZP	XXXXXXX	L333009	FLEET PRODUCTS	351.76
AP	XXXXXXX	V334298	FLORIDA MUNICIPAL INSURANCE TR	267,222.50
AP	XXXXXXX	V334119	FLORIDA PORTS FINANCING COMMIS	919.00
AP	XXXXXXX	V019619	FLORIDA POWER AND LIGHT COMPAN	10,671.30
AP	XXXXXXX	V019619	FLORIDA POWER AND LIGHT COMPAN	9,197.55
AP	XXXXXXX	V019619	FLORIDA POWER AND LIGHT COMPAN	25.82
AP	XXXXXXX	V019619	FLORIDA POWER AND LIGHT COMPAN	104,032.72
AP	XXXXXXX	V021937	FRONTIER COMMUNICATIONS OF FLO	2,841.24
AP	XXXXXXX	V021937	FRONTIER COMMUNICATIONS OF FLO	66.14
AP	XXXXXXX	V023397	GAHAGEN AND BRYANT ASSOCIATES	9,902.50
AP	XXXXXXX	V020807	GENUINE AUTOMOTIVE	1,323.85
AP	XXXXXXX	V020807	GENUINE AUTOMOTIVE	392.24
AP	XXXXXXX	V020807	GENUINE AUTOMOTIVE	24.99

AP	XXXXXXX	V020807	GENUINE AUTOMOTIVE	1,655.49
AP	XXXXXXX	V380805	GOODYEAR TIRE & RUBBER CO.	542.56
AP	XXXXXXX	V380805	GOODYEAR TIRE & RUBBER CO.	375.76
AP	XXXXXXX	V385628	GRAINGER INC, W W	426.93
AP	XXXXXXX	V009540	GRAPEVINE COMMUNICATIONS INTER	2,100.00
AP	XXXXXXX	V009540	GRAPEVINE COMMUNICATIONS INTER	2,100.00
AP	XXXXXXX	V007986	GREATER TAMPA BAY MARINE ADVIS	833.33
AP	XXXXXXX	V007986	GREATER TAMPA BAY MARINE ADVIS	833.33
WT	XXXXXXX	V027081	HANCOCK WHITNEY BANK	29,253.12
AP	XXXXXXX	V013868	HARDEN SUPPLY LLC	20,774.00
AP	XXXXXXX	V013868	HARDEN SUPPLY LLC	3,078.85
AP	XXXXXXX	V018000	HERNANDO,ELENA GARCIA	491.04
AP	XXXXXXX	V020619	HETTEMA SABA LLC	4,000.00
AP	XXXXXXX	V023500	HOME DEPOT CREDIT SERVICES	1,931.39
AP	XXXXXXX	V023500	HOME DEPOT CREDIT SERVICES	766.97
AP	XXXXXXX	V025984	HOWZ IT FLOWIN AGIN	1,787.00
AP	XXXXXXX	V032245	LIMBLE SOLUTIONS INC	6,624.00
AP	XXXXXXX	V004489	LOWES HOME CENTER INC	94.79
AP	XXXXXXX	V024291	MACKAY COMMUNICATIONS INC	193.57
AP	XXXXXXX	V625403	MAINTENANCE TOO PAPER CO INC	853.78
AP	XXXXXXX	V627027	MANATEE CHAMBER OF COMMERCE	250.00
AP	XXXXXXX	V004140	MANATEE COUNTY PUBLIC WORKS DE	4,988.28
AP	XXXXXXX	V000259	MANATEE SPORTS UNLIMITED	14,762.20
AP	XXXXXXX	V028973	MCGRIFF INSURANCE SERVICES INC	65,544.25
AP	XXXXXXX	V025109	MORRIS, EDMOND R	3,118.68
AP	XXXXXXX	V029842	ODP BUSINESS SOLUTIONS LLC	1,534.82
AP	XXXXXXX	V028053	ORKIN LLC	1,234.73
AP	XXXXXXX	V028053	ORKIN LLC	1,431.73
AP	XXXXXXX	V708015	OTIS ELEVATOR	3,352.95
AP	XXXXXXX	V014691	PALMDALE OIL COMPANY INC	1,992.94
AP	XXXXXXX	V014691	PALMDALE OIL COMPANY INC	1,282.40
AP	XXXXXXX	V014691	PALMDALE OIL COMPANY INC	5,010.42
AP	XXXXXXX	V032294	PALMETTO BASEBALL CLUB INC	1,500.00
AP	XXXXXXX	V028846	PORT OF PORT MANATEE PROPELLER	1,610.00
AP	XXXXXXX	V028846	PORT OF PORT MANATEE PROPELLER	659.45
AP	XXXXXXX	V748180	PUBLIX SUPER MARKET	90.04
AP	XXXXXXX	V027409	RAMBA LAW GROUP LLC	3,500.00
AP	XXXXXXX	V776386	RING POWER CORP	1,232.64
AP	XXXXXXX	V018137	STANTEC CONSULTING SERVICES IN	13,007.62
WT	XXXXXXX	V874841	STATE OF FLA DEPT OF REVENUE	11,691.13
AP	XXXXXXX	V875019	STATE OF FLORIDA	755.37
AP	XXXXXXX	V028838	STEELSMITH, LLC	1,463.25
AP	XXXXXXX	V028838	STEELSMITH, LLC	600.00
AP	XXXXXXX	V028838	STEELSMITH, LLC	772.50
AP	XXXXXXX	V028145	THE MCCLATCHY COMPANY LLC	40.95
AP	XXXXXXX	V004721	TWENTY FIRST CENTURY GROUP INC	7,500.00

AP	XXXXXXX	V004721	TWENTY FIRST CENTURY GROUP INC	7,500.00
AP	XXXXXXX	V027963	UNIFIRST FIRST AID AND SAFETY	144.54
AP	XXXXXXX	V009667	VERIZON WIRELESS	50.51
AP	XXXXXXX	V009667	VERIZON WIRELESS	628.19
AP	XXXXXXX	V009667	VERIZON WIRELESS	627.94
AP	XXXXXXX	V009667	VERIZON WIRELESS	236.29
AP	XXXXXXX	V021915	WEBTIVITY MARKETING AND DESIGN	185.00
AP	XXXXXXX	P000292	ZIMMERMANN,VIRGINIA	1,967.04
AP	XXXXXXX	P000292	ZIMMERMANN,VIRGINIA	119.88
AP	XXXXXXX	P000292	ZIMMERMANN,VIRGINIA	179.40

Total warrants (checks) for period reported 811,491.66

‌MANATEE COUNTY PORT AUTHORITY REGULAR MEETING

COUNTY ADMINISTRATION CENTER, HONORABLE PATRICIA M. GLASS CHAMBERS

1112 Manatee Avenue West Bradenton, Florida February 27, 2024

https://www.youtube.com/channel/UC4KFtzaC9Z87D5mn_SKKtBA

Present were:

Kevin Van Ostenbridge, Chairman

Jason Bearden, First Vice-Chairman, (entered during the meeting) Ray Turner, Second Vice-Chairman

Amanda Ballard, Third Vice-Chairman George W. Kruse

Mike Rahn

Absent was:

James A. Satcher, III

Also present were:

Carlos Buqueras, Executive Director Jennifer R. Cowan, Port Authority Attorney

Dustin Peebles Accounting, Clerk of the Circuit Court Robin Toth, Deputy Clerk, Clerk of the Circuit Court

CALL TO ORDER
Chairman Van Ostenbridge called the meeting to order at 9:04 a.m.

AGENDA PA20240227DOC001
Revised Agenda Update and Email (2/21/24) PA20240227DOC002
PUBLIC COMMENTS
Glen Gibellina urged Port Manatee to revisit the issue of renewable solar energy.

(Enter Member Bearden)
Tim Ritchie inquired on the amount of phosphate tonnage that passes through the Port.

There being no further public comments, Chairman Van Ostenbridge closed public comments.
CONSENT AGENDA PA20240227DOC003
No items were pulled by Members.

There being no public comment, Chairman Van Ostenbridge closed public comment.

A motion was made by Member Rahn, seconded by Member Ballard and carried 6 to 0, with Member Satcher absent, to approve the Consent Agenda, incorporating the language as stated in the recommended motions on the cover sheets for the Consent Agenda.
1. WARRANT LIST
  Accepted Warrant Listing from January 11, 2024, to February 14, 2024 PA20240227DOC004
2. MINUTES
  Approved the Minutes of January 23, 2024
3. BUDGET AMENDMENT
  Adopted Budget Resolution PA-24-10, budgeting $500,000 of Port cash, which will be
  FEBRUARY 27, 2024 (Continued)
  
  offset by lease revenue of the same amount for land improvements to include site grading, drainage installation, fencing, utilities, and roadways to the ten-acre Bay Street North Parcel Project; and budgeting $260,000 of Port cash for network infrastructure repairs and improvements required to support the new Cyber Security Information Management System PA20240227DOC005
4. PORT MANATEE TARIFF NO. 3
  Approved modification to Port Manatee Tariff No. 3, Item 561, to change the description from white cement in super sacks to bulk commodities in super sacks
  PA20240227DOC006
5. PORT PERIMETER FENCING REPLACEMENT, PHASES I AND II
  Executed Change Order 2, decreasing the Contract (5/23/23) in the amount of
  $13,317.74, between U.S. Fence and Gate, Inc., and Manatee County Port Authority, for a new contract total of $1,086,170.26 PA20240227DOC007
6. CARGO PAD CONSTRUCTION/STORAGE
  Executed (new) Port Manatee and Logistec Gulf Coast LLC, Cargo Pad Lease Agreement with Logistec Gulf Coast LLC, for a period of five years, with two, three-year options, effective October 1, 2024, for the 5.19-acre cargo pad, which will be used to store scrap steel PA20240227DOC008
  (End Consent Agenda)
EXECUTIVE DIRECTOR COMMENTS
Carlos Buqueras, Executive Director, had no comments.
MEMBER COMMENTS

There were no Member comments.

ADJOURN

There being no further business, Chairman Van Ostenbridge adjourned the meeting at 9:10 a.m.

Minutes Approved:

‌March 21, 2024

CONSENT

AGENDA ITEM 3.C: BUDGET RESOLUTION

BACKGROUND:

This resolution budgets a transfer of $1,500,000 from the Port Tax Increment Financing (TIF) fund which was approved at the Board of County Commissioner’s meeting on March 12, 2024. The Port Capital Improvement Berth 6 Dock and Road Surface Rehab project will be increased the same amount for improvements to the pavement in the dry bulk material handling area.

ATTACHMENT:

Budget Resolution PA-24-11

COST AND FUNDING SOURCE:

$1,500,000 of Port TIF

CONSEQUENCES IF DEFERRED:

Delay in budget allocations

LEGAL COUNSEL REVIEW: N/A

RECOMMENDATION:

Move to adopt Budget Resolution PA-24-11.

RESOLUTION PA-24-11 AMENDING THE ANNUAL BUDGET

FOR MANATEE COUNTY PORT AUTHORITY FOR FISCAL YEAR 2023-2024

WHEREAS, Sections 129.06 and 180.016, Florida Statutes, authorizes the Manatee County Port Authority to amend its budget for the current fiscal year as follows:

Appropriations for expenditures in any fund may be decreased and other appropriations in the same fund correspondingly increased, provided the total appropriations of the fund are not changed.
Appropriations from reserves may be made to increase the appropriation for any particular expense in the same fund, or to create an appropriation in the fund for any lawful purpose.
Unanticipated revenues, including increased receipts for enterprise or propriety funds, may be appropriated for their intended purpose, and may be transferred between funds to properly account for the unanticipated revenue.

NOW, THEREFORE, BE IT RESOLVED by the Manatee County Port Authority that the 2023-2024 budget is hereby amended in accordance with Section 129.06 and 180.016, Florida Statutes as described on the attached summary and specified in the budget adjustment batch files which are listed below:

Item No.	Batch ID No.	Reference No.
1	BAAL032124A	BU24000388

ADOPTED with a quorum present and voting this the 21st day of March 2024.

ATTEST: ANGELINA M. COLONNESO MANATEE COUNTY PORT AUTHORITY

CLERK OF CIRCUIT COURT

By:

BUDGET AMENDMENT RESOLUTION NO. PA-24-11 AGENDA DATE: March 21, 2024

Fund: Port TIF

Section: Berth 6 Dock and Road Surface Rehab

Description: Budgets $1,500,000 for improvements to the pavement at Berth 6.

Batch ID: BAAL032124A Reference: BU24000388

‌March 21, 2024

CONSENT

AGENDA ITEM 3.D: DELETION OF PORT ASSETS BACKGROUND:

Several old, obsolete assets that are no longer in use and are uneconomical to upgrade or repair are considered surplus and should be removed from the Manatee County Port Authority Fixed Assets Listing. The surplus assets will be offered for public bid, auctioned, destroyed, and/or E-scrapped.

ATTACHMENT:

Asset Deletion - March 21, 2024

COST AND FUNDING SOURCE:

N/A.

CONSEQUENCES IF DEFERRED:

Delay in updating property records.

LEGAL REVIEW: N/A

RECOMMENDATION:

Remove assets as listed on the attached Asset Deletion – March 21, 2024, from the Fixed Assets Listing.

Asset Deletion - March 21, 2024

Asset #	Description	Serial/VIN#	Date Purchased	Cost	Value	Status	Remarks
X45323	2003 John Deere 5105	LV5105C410829	01/23/18	$ -	$ -	Obsolete	Trade In
X47445	2005 Chevy Colorado	1GCDT196058246741	01/23/18	$ -	$ -	Replaced with New	Trade In
X48801	2006 GMC Savanna	1GTGG25U361207633	08/20/19	$ -	$ -	Replaced with New	Trade In
X54998	2011 GMC Savanna	1GtTZ7TCG2B1137760	08/20/19	$ -	$ -	Replaced with New	Trade In

‌March 21, 2024

CONSENT

AGENDA ITEM 3.E.: DEL MONTE FRESH PRODUCE FIRST AMENDMENT

BACKGROUND:

On October 21, 2021, the Authority approved a Lease Agreement with long-time tenant Del Monte Fresh Produce, N.A., Inc. (Del Monte) for warehouses 4, 6, and 8. Amendment One adds warehouse 7 to Del Monte’s leased warehouses and also revises the responsibility of maintenance and repairs of all refrigeration units in warehouse 4, 6, 7, and 8 to Port staff for which Del Monte will pay the Port $4,584 per month for a refrigeration maintenance fee.

ATTACHMENTS

First Amendment to Lease Agreement Between Manatee County Port Authority and Del Monte Fresh Produce N.A., Inc.

COST AND FUNDING SOURCE:

N/A.

CONSEQUENCES IF DEFERRED:

Delay in execution of the Del Monte First Amendment

LEGAL COUNSEL REVIEW: Yes

RECOMMENDATION:

Move to approve and authorize the Chairman to execute the First Amendment to Lease Agreement Between Manatee County Port Authority and Del Monte Fresh Produce N.A., Inc.

FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN MANATEE COUNTY PORT AUTHORITY

AND DEL MONTE FRESH PRODUCE N.A., INC.

this _th

This First Amendment to Lease Agreement ("First Amendment") is made and entered into day of , 2024, by and between Manatee County Port Authority, a political entity

of the State of Florida, whose principal place of business is located at Port Manatee, 300 Tampa Bay Way, Suite One, Palmetto, Florida 34221 ("Authority"), and Del Monte Fresh Produce N.A., lnc., a Florida corporation, whose principal place of business is located at 241 Sevilla Avenue, Coral Gables, Florida 33134 ("Lessee"). The Authority and Lessee are hereinafter individually referred to as a "Party" and collectively referred to as the "Parties."

RECITALS

The Parties entered into that certain Lease Agreement Between Manatee County Port Authority and Del Monte Fresh Produce N.A., Inc. on October 21, 2021 ("Lease Agreement").
All capitalized terms used in this First Amendment, which are not otherwise defined in this First Amendment, shall have the same meaning as set forth in the Lease Agreement.

The Parties desire to amend the Lease Agreement as set forth in this First Amendment to increase the Demised Premises leased to Lessee, remove expired provisions, and provide that the Authority is responsible for all maintenance and repairs on the Demised Premises in exchange for increased compensation.

NOW, THEREFORE, for and in consideration of the foregoing promises and the mutual covenants contained in this First Amendment, it is agreed by and between the Parties that the Lease Agreement is amended as follows:

Recitals. The above recitals are true and correct and are incorporated in this First Amendment by reference as if fully set forth in this First Amendment.
Amendment to Section 2. Section 2, "Description of the Demised Premises", of the Lease Agreement is amended to read as follows:
1. Description of the Demised. Premises. The Authority is the owner of the property at Port Manatee, which is described below, and as identified in the description and sketch attached hereto and made part hereof as in Exhibit A of this Lease, hereinafter refened to as the "Demised Premises":
  1. Warehouses No. 4, 6, and 8, including the unrestricted use of the loading dock area, dock levelers, and all truck loading bays for Warehouse 6 and 8 and tmck loading bays 1-6 on Warehouse 4, attached as part of the warehouses and all improvements thereon. Tmck loading bays 7-8 on Warehouse 4 are used by U.S. Customs and
    Border Patrol, and therefore Lessee's use is of those bays is subject to U.S. Customs and Border Patrol's discretion.
  2. Cruise Terminal, comprising of approximately seven hundred sixty-seven (767) square feet and all improvements thereon.
  3. Warehouse No. 7, compiising of twenty-seven thousand four hundred fifty-six (27,456) square feet of chilled space and five thousand four hundred (5,400) square feet of dry space, all improvements therein, and four (4) loading bays ("Warehouse No. 7") as shown in Exhibit C.
Deletion of Section 6; Deletion of Exhibit B; Rent1mbering. Section 6 of the Lease Agreement, "Additional Space/First Right of Refusal", is deleted in its entirety and replaced with the "This section is unused." The contents of Exhibit B to the Lease Agreement is deleted in its entirety and replaced with "Exhibit B - Deleted in First Amendment and Remains Unused." This provision shall take effect after all other amendments provided for by this First Amendment have taken effect.
Amendment to Section 9. Section 9, "Rent", of the Lease Agreement is amended to read as follows:
1. Commencing on the Effective Date, Lessee shall pay to the Authority base rent in in the amount of Twenty-Eight Thousand, Seven Hundred and Fourteen Dollars and Fifty-Three Cents ($28,714.53) per month (the "Base Rent"), together with any applicable Florida sales taxes on rent as compensation for Lessee's use and occupation of the Demised Premises. This Base Rent is calculated at a rate:
  1. Nine Thousand Dollars ($9,000) per month for Warehouses No. 4, 6, and 8 and Fourteen Thousand Seven Hundred Eighty-five Dollars and Twenty Cents ($14,785.20) per month for Warehouse No. 7, which comprising of twenty-seven thousand four hundred fifty-six (27,456) square feet of chilled space at Forty-five Cents ($0.45) per square foot and five thousand four hundred (5,400) square feet of dry space at Forty-five Cents ($0.45) per square foot ("Warehouse Rent"). The Warehouse Rent will be increased annually by CPI but no more than two percent (2%) annually during the Term of this Lease.
    
    11. Three Hundred and Forty-Five Dollars and Thirty-Three Cents ($345.33) per month ($.45 per square feet for 767 square feet) for the Cruise Te1minal during the Initial Term and Renewal ("Cruise Terminal Rent").
    
    iii. Four Thousand Five Hundred Dollars and No Cents ($4,584) for the Authority's maintenance and repair obligations provided for by this Lease ("Refrigeration Maintenance Fee").
    The Warehouse Rent, Cruise Terminal Rent, and Maintenance Fee are hereinafter collectively referred to as the "Base Rent." The first payment of Base Rent shall be paid and delivered to the Authority on the Effective Date of this Lease.
2. CPI increases shall be determined by multiplying the annual rent by the percentage of change in the most recently published U.S. Department of Labor All Urban Consumer Price Index ("CPI"), all items, not to exceed two percent (2%) in any applicable extended lease year. The percentage change will be computed by comparing index figures published for the month closest to the Lease year anniversary date with the same month of the preceding Lease year. For example, if the Lease commencement date is June 1, 2021, the adjustment for the annual rental due on September 1, 2022, will be calculated by using the index published for the most recent month available prior to September 1, 2022 and comparing it to the index published for the same month of the year 2022, subject to the two percent (2%) cap. Annual rent must never be less than Base Rent per month and will only increase in accordance with the above formula.
3. Any payment of Base Rent received by the Authority after 5:00 p.m. EST on the tenth (10th) calendar day of the month shall accrue interest at the rate of five percent (5%) commencing on and including the tenth (10th) day of the month ("Late Payment Interest").
4. If Lessee pays Base Rent with a check or bank draft, and such check or bank draft is returned unpaid or uncollected, Lessee must pay to the Authority, in addition to the total amount due (plus Late Payment Interest, if any is due), a processing fee for each returned check or bank draft in the amount provided in the then-current Tariff In the event two (2) or more of Lessee's checks or bank drafts are returned unpaid or uncollected in any twelve (12) month period during the Term of this Lease, the Authority may require, as a condition of Lessee's continued use and/or occupation of the Demised Premises that all subsequent payments of Base Rent be in the form of a cashier's check or money order.
5. Renewal Term Option Rent. If this Lease is renewed in accordance with paragraph of this Lease entitled "Tenn," the Pa11ies acknowledge and agree that all rent due under this Lease for the Demised Premises may be increased, but never decreased, with each Renewal Term Option exercised.
Amendment to Section 15. Section 15, "Maintenance and Repairs", of the Lease Agreement is amended to read as follows:

15. Maintenance and Repairs. Lessee shall cause the Demised Premises, including any improvements thereto, to be duly maintained and kept up throughout the duration or term of this Lease to the extent necessary to maintain the Demised Premises in a safe, tenantable and workable condition, including but not limited to the making of any repairs or
replacements necessary to the Demised Premises due to damage done by any act of God, natural disaster or, default, negligence or omission of Lessee, its agents, employees, invitees, patrons, servants or any other persons whomsoever under the control of Lessee. The Authority shall have no responsibility for any maintenance, repairs, or replacements of the Demised Premises other than those expressly undertaken under this Lease and the Modernization Agreement. In exchange for the Refrigeration Maintenance Fee, the Authority shall maintain the refiigeration units of Warehouse 4, 6, 7, and 8 of the Demised Premises ("Refrigeration Units") in workable condition. The Authority's responsibilities include, but are not limited to, undertaking any maintenance, repair, or replacement activities for the Demised Premises due to damage done by any act of God, natural disaster, or default, negligence or omission of the Authority, its agents, employees, invitees, patrons, servants, or any other persons whomsoever under the control of the Authority. The Lessee is responsible for any repairs, or replacements of any damage to the Refiigeration Units that is caused by the Lessee. The Lessee is responsible for reporting any need for maintenance, repairs, or replacement promptly (within 24 hours of discovery) to mitigate any fu1ther damage. Upon written notification, the Authority will inspect and determine whether the damage was caused by the Lessee, and provide maintenance, repairs, or replacement to any damage not caused by the Lessee within a reasonable time frame, as determined by the Authority. Failure to promptly notify the Authority of the need for maintenance, repairs, or replacement, relieves the Authority of its maintenance responsibility. This maintenance responsibility is limited to the Refrigeration Units only and the Authority is not responsible for any damage or loss at any time to any cargo, product, equipment, or personal items of the Lessee. The Authority may in its sole direction, subject to the terms in the paragraph of this Lease entitled "Access," conduct inspections for the purpose of identifying whether the Demised Premises and any improvements thereto are being kept in a safe, tenantable, and workable condition.
Amendment to Sections 33, 34. and 36. Sections 33 "Default and Early Termination," 34 "Surrender of Demised Premises," and 36 "No Holding Over" of the Lease Agreement are amended to remove any reference to "Additional Rent."
Conflict. In the event of a conflict between the Lease Agreement and this First Amendment, the provisions set forth in this First Amendment shall prevail.
Authoritv to Execute. Each of the Parties covenants to the other party that it has lawful authority to enter into this First Amendment, that the governing body of each of the Parties has approved this First Amendment and that the governing body of each of the Parties has authorized the execution of this First Amendment in the manner set forth below.

Counterparts: Sjgnatures. This First Amendment will become effective March 1, 2024, if it has been executed by all the undersigned. This First Amendment may be executed in counterparts, each of which constitutes an original and all of which together will constitute one and the same instrument. This First Amendment may be executed by electronic signature technology and such electronic signature shall act as the Parties' legal signatures on this Lease and shall be treated in all respects as an original handwritten signature.

[The remainder of this page is intentionally blank.]

IN WITNESS WHEREOF, the Parties have caused this First Amendment to be duly executed as of the Effective Date.

THE AUTHORITY

ATTEST: ANGELINA "ANGEL" COLONNESO

Clerk of Circuit Court

Signature (Date)

MANATEE COUNTY PORT AUTHORITY

By:

Chairman

dayof ,2024

LESSEE

WITNESS #1:

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Print Name

WITNESS#

Signature Print Name

DEL MONTE FRES

.,INC.

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COMMENCE AT THE SE CORNER OF SECTION l,TOWNSHIP 33 SOUTH, RANGE 17 EAST, MANATEE COUNTY FLORIDA; THENCE NORTH ALONG THE EAST LINE OF SECTION 1 A DISTANCE OF 824.97' THENCE WEST A DISTANCE OF 2,427.40' TO THE POINT OF BEGINNING ALSO BEING THE MOST SOUTH EAST CORNER OF WAREHOUSE 7 REFRIGERATED PART OF WAREHOUSE; THENCE NORTH A DISTANCE OF 78.00' THENCE WEST A DISTANCE OF 352.00' THENCE SOUTH A DISTANCE OF 78.00' THENCE EAST A DISTANCE OF 352.00' BACK TO THE POINT OF BEGINNING; FOR A TOTAL MORE OR LESS OF 27,456 SQ. FT; ALSO TOGETHER WITH THE DESCRIBE BUILDING; COMMENCE AT THE POINT OF BEGINNING ALSO BEING THE SOUTH EAST CORNER OF WAREHOUSE 7 REFRIGERATED PART OF WAREHOUSE; THENCE NORTH A DISTANCE OF 78.00; FOR A POINT BEING THE SOUTH EAST CORNER OF THE 5,400 SQ FT OF DRY SPACE; THENCE CONTINUE NORTH A DISTANCE OF 33.00'; THENCE WEST A DISTANCE OF 163.64'; THENCE SOUTH A DISTANCE OF 33.00'; THENCE EAST A DISTANCE OF 163.64' BACK TO THE SOUTH EAST CORNER OF THE DECRIBED 5,400 SQ FT OF DRY SPACE; ALSO TOGETHER WITH DESCRIBE WAREHOUSE 7 REFRIGERATED PART OF WAREHOUSE; COMMENCE AT THE POINT OF BEGINNING ALSO BEING THE SOUTH EAST CORNER OF WAREHOUSE 7 REFRIGERATED PART OF WAREHOUSE; THENCE WEST A DISTANCE OF 7.00'; THENCE SOUTH A DISTANCE OF 8.00' FOR THE MOST NORTH SIDE OF TRUCK BAYS; THENCE SOUTH ALONG THE MOST WEST SIDE OF TRUCK BAYS FOR A DISTANCE OF 42.83; BEING THE MOST SOUTH END OF 4 TRUCK BAYS ALSO BEING THE TERMINATION POINT OF SAID DESCRIBED 4 TRUCK BAYS

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‌March 21, 2024

CONSENT

AGENDA ITEM 3.F.: ALPICO INTERNATIONAL LEASE AMENDMENT #10 BACKGROUND:

In December 2013, the Port Authority approved a lease for office space to Alpico International (Alpico), which was extended through December 31, 2024, through various amendments. Amendment #10 is presented due to office space downsizing from 1,201.74 square feet to 672.93 square feet.

ATTACHMENT:

Port Manatee Lease Amendment #10

COST AND FUNDING SOURCE:

N/A

CONSEQUENCES IF DEFERRED:

Delay in approving tenant’s request.

LEGAL COUNSEL REVIEW: Yes

RECOMMENDATION:

Move to approve and authorize the Chairman to execute Port Manatee Lease Amendment #10 between Manatee County Port Authority and Alpico International.

PORT MANATEE LEASE AMENDMENT #10

The terms and conditions of this Port Manatee Lease Amendment #10 (hereinafter, "Amendment #10"), made and entered into by and between the MANATEE COUNTY PORT AUTHORITY, a political entity of the State of Florida, with its principal place of business located at Port Manatee, 300 Tampa Bay Way, Palmetto, Florida 34221, hereinafter referred to as the "Authority", and ALPICO INTERNATIONAL, INC., a corporation duly organized to do business in the State of Florida, with a principal place of business located at 13230 Eastern Avenue, Palmetto, Florida 34221, hereinafter referred to as the "Lessee" (collectively, the "Parties"), for and in consideration of the mutual covenants contained in Amendment #10 and other good and valuable consideration, amend the Port Manatee Lease entered into by the parties hereto dated December 19, 2013 (hereinafter "Lease"), the Port Manatee Lease Amendment #1 dated April 17, 2014 ("Amendment #1"), the Port Manatee Lease Amendment #2 dated January 21, 2016

("Amendment #2") the Port Manatee Lease Amendment #3 dated February 23, 2016

("Amendment #3"), the Port Manatee Lease Amendment #4 dated January 19, 2017 ("Amendment

#4"), the Port Manatee Lease Amendment #5 dated February 15, 2018 ("Amendment #5"), the

Port Manatee Lease Amendment #6 dated December 20, 2018 ("Amendment #6"), the Port

Manatee Lease Amendment #7 dated December 20, 2020 ("Amendment #7"), the Port Manatee Lease Amendment #8 dated February 17, 2022 ("Amendment #8"), and the Port Manatee Lease Amendment #9 dated December 15, 2022 ("Amendment #9") and state as follows:

SCOPE. This Amendment #10 is being entered into for the purpose of amending paragraphs 1 and 3 of the Lease revising the square footage of the demised premises and adjusting the rent due accordingly. Except to the extent herein amended, all other provisions set forth in Amendment #9, Amendment #8, Amendment #7, Amendment #6,
Amendment #5, Amendment #4, Amendment #3, Amendment #2, Amendment #1, and the Lease shall remain in full force and effect and binding upon the Authority and the Lessee. In entering into Amendment#10, the parties acknowledge that in no way has the Authority waived any of its rights or claims it may have against the Lessee.
MODIFICATION. The Parties agree to amend Section 3 of the Lease to provide that

effective March 1, 2024, the Lessee shall pay to the Authority throughout 2024 the lease rent for the demised premises for each and every month of the term of this lease a sum in the amount of $1.84 per square foot, per month, payable in advance or $1,238.19. Effective January 1, 2025, the rate will be increased the same rate of increase as the Port Manatee Tariff No. 3, 2025 general rate increase. The Lessee shall also pay any applicable Florida sales taxes on said rent, payable at the same time rental payments are made.
The Parties further agree to amend Section 1 of the Lease as follows:
1. DEMISED PREMISES. The Authority does hereby demise, let and rent unto the Lessee and the Lessee does hereby hire and tal(e as tenant those certain facilities located in Manatee County, Florida identified as a portion of Port Manatee and hereinafter identified as the "demised premises" initialed on behalf of the parties hereto in one or more of the following subparagraphs, to have and to hold the same pursuant to the provisions hereinafter set forth:
  13230 Eastern Avenue, Palmetto, Florida 34221, office space consisting of the following:
  - Offiee 1 234.33 square feet (pre,ciously identified as "Bast Offiee #1 226 square fuet"*)
  - Office 4 - 234.33 square feet (previously identified as "Main Office - 231 square feet"*)
  - Office 5 - 231.17 square feet (previously identified as "West Office - 228 square feet"*)
  - Office 6 - 231.17 115.59 square feet
  - Restrooms - 1€iS.3Q 91.84 square feet
  - Hallwey ms.4 4 SEjU!lfe feet
    *Square footage was estimated.
    
    Total actual square footage is 1,2Ql.74 672.93 to be used by the Lessee solely for the purpose of an office or offices for conducting the activities, business and operation of the Lessee in connection with the activities and operations of the Lessee at Port Manatee related to waterborne commerce.
CONFLICT. In the event of a conflict regarding the provisions set forth in paragraphs 1 and 3 of Amendment #10 and the Lease, Amendment #1, Amendment #2, Amendment #3,
Amendment #4, Amendment #5, Amendment #6, Amendment #7, Amendment #8, or Amendment #9, the provisions set forth in Amendment #10 shall prevail. In the event of a conflict between any other paragraphs within Amendment#10 and the Lease, Amendment #1, Amendment #2, Amendment #3, Amendment #4, Amendment #5, Amendment #6,
Amendment #7, Amendment #8, and Amendment #9, then the Lease, Amendment #1,

Amendment #2, Amendment #3, Amendment #4, Amendment #5, Amendment #6,

Amendment #7, Amendment #8, and Amendment #9 shall prevail.
MUTUAL REPRESENTATIONS. Each of the Parties represents unto the other party that Amendment #10 shall govern the Parties' responsibilities regarding the demised premises and rent.
EFFECTIVE DATE. The effective date of Amendment #10 is March 1, 2024.

IN WITNESS WHEREOF, the parties have caused this Amendment#10 to be duly executed this day of .

ATTEST:

ANGELINA M. COLONNESO

Clerk of Circuit Court

By:-----------

Printed: _

MANATEE COUNTY PORT AUTHORITY

By:-------------

Chairman

WITNESS 2: LESSEE

‌March 21, 2024

CONSENT

AGENDA ITEM 3.G: PORT MANATEE AND FRONTIER FLORIDA, LLC

LEASE

BACKGROUND:

On October 16, 2003, the Authority executed a ten-year year lease with Verizon Florida LLC (Verizon) effective 5/01/04 – 04/30/14 with two 10-year extension options. Frontier Communications Corporation (Frontier) previously acquired Verizon including the land lease agreement with the Authority. Frontier exercised the second option to renew for a 10-year period, which expires on April 30, 2024. The parties have agreed to a new 10-year lease with rent increases based on CPI increases each year.

ATTACHMENT:

Port Manatee and Frontier Florida, LLC Lease

COST AND FUNDING SOURCE:

N/A

CONSEQUENCES IF DEFERRED:

Loss of lease

LEGAL COUNSEL REVIEW: Yes

RECOMMENDATION:

Move to approve and authorize the Chairman to execute the Port Manatee and Frontier Florida, LLC Lease.

PORT MANATEE AND FRONTIER FLORIDA LLC LEASE

THIS Port Manatee and Frontier Florida LLC Lease Agreement (“Lease”) made and entered into by and between the MANATEE COUNTY PORT AUTHORITY, a political entity of the State of Florida, with its principal place of business located at Port Manatee, 300 Tampa Bay Way, Suite One, Palmetto, Florida 34221 (“Authority”) and Frontier Florida LLC, a limited liability company duly organized and existing under the laws of the State of Florida, with a place of business located at 401 Merritt 7, Norwalk, CT 06851 (“Lessee”) (collectively, the “Parties”).

WHEREAS, the Authority owns and operates a public seaport facility in the northwestern portion of Manatee County, Florida, known as “Port Manatee” and is seeking to encourage, develop and stimulate the flow of waterborne commerce through Port Manatee, and

WHEREAS, Lessee has leased this property at Port Manatee since 1989 and that lease is expiring; and

WHEREAS, Lessee is desirous of leasing from the Authority this property at Port Manatee so there is no gap in control from the prior lease to this lease, and it is expedient and to the best interests of the Authority to lease the property to Lessee upon the terms and conditions set forth in this Lease, and

NOW THEREFORE, for and in consideration of the foregoing premises and the mutual covenants contained in this Lease, it is agreed by and between the Parties as follows:

RECITALS. The above recitals are true and correct and agreed to by the Authority and Lessee as if such recitals were fully set forth in the Lease.
DEMISED PREMISES. The Authority does demise, let and rent unto Lessee and Lessee shall hire and take as tenant approximately 0.36 acres of real property located in Manatee County, Florida identified as a portion of Port Manatee, the legal description and sketch of which is attached and made a part of this Lease as Exhibit "A," (hereinafter the "Demised Premises"), to have and to hold the same for the terms set forth below. In accordance with the Master Plan, the Authority agrees, covenants and
warrants Lessee to peacefully occupy, have, use, hold and quietly enjoy the Demised Premises subject to the provisions of this Lease. Lessee agrees to use the Demised Premises so as not to interfere with, interrupt, or impact the use or operation of any other tenant, user, or customer at Port Manatee. The Demised Premises are leased and accepted by Lessee in its current “As Is-Where Is” condition with the Authority making no warranties as to fitness and Lessee acknowledges that it has had adequate opportunity to inspect and test the Demised Premises prior to entering into the Lease.
PURPOSE. Lessee shall use the Demised Premises solely for the purpose of building, constructing, installing, maintaining, and operating a remote telephone switching unit and facilities to provide telephone and other electronic communication services to Port Manatee and other areas throughout the northern portion of Manatee County, Florida, and for the purpose of conduction such other activities as are customarily associated therewith as a public telephone utility. Additionally, if Lessee intends to use the Demised Premise for any purpose other than those defined above, Lessee shall first obtain approval of the Authority before beginning such use. Lessee shall at its own expense comply with all federal, state, and local ordinances, laws, governmental orders and regulations relating to the use and conditions of the Demised Premises as used for the purposes set forth in this section (“Legal Requirements”). The Demised Premises will not be used for any unlawful purposes and Lessee will not use the Demised Premises in such a manner as to create a nuisance or otherwise violate any Legal Requirements that are now in force during the term of this Lease or which hereafter be in force. Lessee will neither suffer nor commit any waste of the Demised Premises. Lessee may not act or fail to act in a manner that would adversely affect the title of the Authority.
TERM. The duration or term of this Lease commences on May 1, 2024, and terminates in ten
(10) years on April 30, 2034 (“Initial Term”). As referred to in this Lease, a “Lease Year” commences on the Effective Date and on the annual anniversary date of the Effective Date of each year thereafter.
RENT. Commencing on the Effective Date, Lessee shall pay to the Authority rent for the Demised Premises, payable annually in advance together with any applicable Florida sales taxes on rent payable at the same time.
- Years 1: $4,500 per year
- Years 2 to 10: the amount of the increase will be determined by multiplying the annual rent by the percentage of change and the most recently published U.S.
Department of Labor All Urban Consumer Price Index ("CPI-U"), all items, not to exceed four percent (4%) in any year. The percentage change will be computed by comparing index figures published for the month closest to the Lease Year anniversary date with the same month of the preceding fifth lease year. For example, if the Lease commencement date is May 1, 2024, the adjustment for the annual rental due on May 1, 2024 will be calculated by using the index published for the most recent month available prior to May 1, 2024 and comparing it to the index published for the same month of the following year subject to the 4% percent cap. The index to be used will be the most recently published U. S. Department of Labor, All Urban Consumer Price Index. Annual rent must never be less than $4,500 and will only increase in accordance with the above formula.

The annual rent shall be paid and delivered to the Authority simultaneously with the delivery of this executed Lease. Any payment of rent received by the Authority after the close of business on the tenth calendar day of the month the rent is due shall accrue interest at the rate of five percent (5%), commencing on the due date. If Lessee shall pay rent with a check or bank draft that is returned unpaid or uncollected, Lessee shall pay to the Authority, in addition to the total amount due, a processing fee for each returned check or bank draft in the amount provide in the then current Port Manatee Tariff. In the event two (2) or more of Lessee’s checks or bank drafts are returned unpaid or uncollected in any twenty-four (24) month period during the Lease Term, the Authority may require, as a condition of Lessee’s continued use and/or occupation of the Demised Premises, that all subsequent payments of rent be in the form of a cashier’s check or money order.
IMPROVEMENTS. Lessee may construct, install or locate upon the Demised Premises and operate any improvements consistent with the paragraph of this Lease entitled “Purpose.” Lessee shall submit to the Authority for approval the plans and specifications for all improvements prior to commencing the construction, demolition, and installation of the improvements upon the Demised Premises. The Authority shall make a determination of whether the plans and specifications evidence an improvement(s) consistent with the goals, master plan, and objectives of Port Manatee and do not conflict with any of the activities and facilities at Port Manatee.

Lessee must not commence the construction, demolition, or installation of any improvements without approval by the Authority and the Authority approval will not be arbitrarily or unreasonably withheld or
delayed. Approvals will be deemed granted by the Authority if the Authority finds that such plans and specifications evidence an improvement or improvements consistent with the goals, Master Plan and objectives of Port Manatee, do not conflict with any of the activities and facilities at Port Manatee, and for which the County of Manatee, a subdivision of the State of Florida, is willing to issue a building permit, demolition permit, construction permit, development order, or other appropriate approval for the construction of the particular improvement or improvements. Lessee is solely responsible for compliance with Legal Requirements, including but not limited to the Florida Building Code, and making the improvements safe.

Before Lessee commences use of the improvements, Lessee shall furnish in a format specified by the Authority at least one complete set of the as-built or record drawings and specifications for the completed improvements to indicate the extent, location, and size for the records of the Authority in connection with operations at Port Manatee. In all contracts for the construction of improvements at the Demised Premises, Lessee shall require in its construction contracts that the contractor indemnify and hold harmless the Authority Indemnitee (hereinafter defined), from any damages, liabilities, or claims that arise out of the construction contract or construction at the Demised Premises and include the Authority as a co-obligee on any bonds required by the construction contract. The Authority reserves the right to require Lessee to furnish a performance bond and an unconditional payment bond for the construction or installation of any approved improvements each equal to one hundred percent (100%) of the construction price, guaranteeing to the Authority the completion and performance of the construction or installation, as well as full payment of all suppliers, material persons, laborers, or subcontractors performing services in connection with the improvements. The bonds shall be with a surety company which is qualified pursuant to the Authority standards for sureties’ on the Authority construction projects.

Neither the Lessee nor anyone claim in, by, through, or under the Lessee including but not limited to contractors’ subcontractors material men, mechanics and laborers, shall have any right to rile or place any construction, materialmen’s or other liens of any kinds whatsoever upon the Authority’s fee simple interest in the Demised Premises or any portion thereof; on the contrary, any such liens are specifically prohibited and shall be null and void and of no force or effect.
IMPROVEMENT REMOVAL AND LAND RESTORATION. The Parties recognize that certain permanent improvements to be constructed, erected, or installed upon the Demised Premises and agree that all permanent improvements together with all equipment, furnishings, furniture, machinery and other items of personal property, must be removed by Lessee at no cost or expense to the Authority prior to the expiration or termination of this Lease and the Demised Premises must be cleared, cleaned and restored by Lessee to at least the condition as existed upon the commencement of this Lease.
APPROVALS AND PERMITS. Lessee shall obtain all necessary building or construction approvals, development orders and permits required and issued by an appropriate governmental regulatory agency in connection with the improvements identified in the paragraph of this Lease entitled “Improvements” at no cost, expense, liability, or obligation to the Authority.
EXISTING CONDITIONS. Subject to the provisions of the paragraph of this Lease entitled “Environmental Protection,” Lessee accepts the Demised Premises in its existing condition as of the date of this Lease and shall be solely responsible for all site clearance, site preparation, soil removal and soil replacement as a part of the construction or installation of the improvements provided for in this Lease at no cost or expense to the Authority. The Authority shall, to the extent same are available to it, furnish to Lessee any documentation or other information it may have relating to said existing conditions without guaranteeing or warranting the accuracy or completeness of the documentation.
EXISTING FACILITIES. This Lease and the right of Lessee to the possession and use of the Demised Premises are subject to any existing electric lines, telephone lines, water and sewer lines or main, lift stations, substations and other utility facilities located through, under or upon the Demised Premises. The Authority, Florida Power & Light Company or its successor in interests, Frontier Communications Company or its successor in interests, Manatee County Public Works Department, U.S. Coast Guard, U.S. Department of Agriculture and their agents, employees, servants and subcontractors will have access to such facilities to the extent necessary for the operations, maintenance and repair of the facilities.
MAINTENANCE. Lessee shall cause the Demised Premises including any improvements thereon to be duly maintained and kept up throughout the duration or term of this Lease to the extent necessary to maintain the Demised Premises in a safe, tenantable and workable condition, including but not limited to
the making of any repairs or replacement necessary to any improvements or equipment on the Demised Premises due to damage done by any act of God, natural disaster, or Event of Default, negligence or omission of Lessee, its agents, employees, invitees, patrons, servants or any other persons whomsoever under the control of Lessee. The Authority may, in its sole discretion, conduct annual inspections for the purpose of identifying whether the Demised Premises are being kept in a safe, tenantable and workable condition, but the Authority has no maintenance, repair or replacement responsibilities for the Demised Premises or any improvements thereon.
UTILITIES. Lessee shall arrange for and pay for all utilities to the Demised Premises, including initial deposits and other similar charges required by the various utility companies or utility systems for commencing service and for providing service (including, but not limited to, electrical consumption related to high voltage, portable or semiportable high voltage equipment, etc.) throughout the duration or term of this Lease.
EASEMENT(S). The Authority reserves the right to maintain such easements on the Demised Premises as may now or in the future be determined to be necessary to serve the needs of Port Manatee, and Lessee agrees to take the Demised Premises subject to said easement requirements. Such easements may be used for, among other things, ingress and egress for other lessees, the installation of water distribution, sewage collection, underground electrical and telephone conduits, above ground street lighting, and power poles. However, it is understood and agreed that the Authority will restore any improvements, which Lessee has made, if such improvements are damaged by any installation made by the Authority. Furthermore, the Authority shall take reasonable steps to insure that any such installation be the least disruptive to Lessee’s operations.
COMMON AREAS. Subject to the restrictions set forth in the paragraph of this Lease entitled “Security,” Lessee and its employees and customers will have the nonexclusive right during the term of this Lease to use the parking areas, streets, driveways, aisles, sidewalks, curbs, delivery passages, loading areas, lighting facilities, and all other areas designated by the Authority from time to time, for use by any tenants of the Port (collectively, the “Common Areas”), in common with the Authority, other tenants of the Port, and other persons designated by the Authority.
SECURITY. The Authority is subject to minimum standards, procedures and requirements imposed by federal and state laws and regulations, rules, policies, and procedures in effect from time to time concerning security at Port Manatee, including the U.S. Maritime Transportation Security Act of 2002; Title 33, parts 101 and 105 of the U.S. Code of Federal Regulations; Chapter 311 of the Florida Statutes; and the security provisions of all tariffs in effect at Port Manatee, each as amended, supplemented, restated or otherwise modified from time to time, in connection with the security of Port Manatee as a seaport. Port Manatee consists of various facilities operated by the Authority and various facilities operated by lessees pursuant to leases with the Authority, and the security of facilities operated by the Authority and facilities operated by Lessee pursuant to this Lease are beneficial to both Parties necessitating that there be a degree of cooperation between the Authority and Lessee. Lessee shall comply with all of the provisions of the above-mentioned laws and regulations applicable to the Demised Premises and to the activities and operations of Lessee at Port Manatee.
ACCESS. Subject to the restrictions set forth in the paragraph entitled “Security” in this Lease, the Authority grants Lessee a continuous (24 hours per day, 7 days a week) right of ingress and egress through Port Manatee to the Demised Premises.
TARIFF. To the extent the rates, rules, and regulations of the Authority set forth in the then current Port Manatee Tariff are not in conflict with or in degradation of the terms and conditions of this Lease, Lessee, throughout the term of this Lease shall abide by and comply with all of the rates, rules, and regulations of the Authority set forth in the then current Port Manatee Tariff as published by the Authority. The covenant by Lessee to abide by and comply with the Port Manatee Tariff was a material inducement for the Authority to enter into this Lease constituting substantial consideration to the Authority for this Lease, and any failure by Lessee to fully abide by and comply with the then current Port Manatee Tariff, may at the option of the Authority constitute an Event of Default by Lessee entitling the Authority to exercise any or more of the remedies set forth in the paragraph of this Lease entitled “Events of Default.” Lessee acknowledges receipt from the Authority of a copy of the current Port Manatee Tariff.
TAXES AND LICENSE FEES. Lessee shall timely pay any and all ad valorem taxes, special assessments, tangible and intangible personal property taxes, sales tax, use taxes, license fees, and any other tax, fee, or charge which may be levied or assessed against any portion of the Demised Premises or
imposed in connection with the activities and operations of Lessee upon any portion of the Demised Premises or in connection with the possession of any portion of the Demised Premises by Lessee. Lessee has the right to contest the amount or validity, in whole or part, of any ad valorem tax or special assessment or to seek a reduction in the valuation of Demised Premises as assess for real estate property tax purposes by appropriate proceedings with the tax collector/property appraisers office, diligently conducted in good faith (but Lessee may continue to pursue such contest past the final due date for such tax only after payment of such tax). The Authority is not be required to join in any proceedings referred to in this paragraph unless required by law, in which event the Authority will, upon written request by Lessee, join in proceedings or permit the proceeding to be brought in its name. Lessee covenants that the Authority must not suffer or sustain any costs or expenses (including, but not limited to attorneys’ fees) or any liability in connection with any such proceedings and Lessee agrees to pay all such costs and expenses. No consent to join in proceedings or permit the proceedings to be brought in its name will subject the Authority to material civil liability or the risk of any criminal liability.
ENVIRONMENTAL MATTERS. Lessee shall comply with all federal, state, regional, county and local government laws, statutes, ordinances, rules and regulations applicable to its activities and operations on the Demised Premises, including but not limited to, the Port Manatee Master Plan, the Memorandum of Agreement for Land Use Controls between the Authority and the Florida Department of Environmental Protection dated May 12, 2014, agency agreements, rules and regulations of general application at Port Manatee, adopted by the Authority, which are not in degradation of any rights granted to Lessee under the terms of this Lease (“Laws”). Lessee must not allow, cause, condone, license, permit, or sanction any activities, conduct, or operations on the Demised Premises that enable or result in any contaminants, hazardous materials or substances, pollutants, toxic materials or substances or other waste (hereinafter collectively referred to as “substances”) to be accumulated, deposited, placed, released, spilled, stored, or used upon or under any portion of Demised Premises contrary to or in violation of any of said Laws.
1. The Authority has the right at any time to examine or inspect the Demised Premises for any reason, including, but not limited to, performing an Environmental Site Assessment and determining the existence of said substances. Such inspections shall take place during the normal business hours of Lessee with reasonable notice to Lessee and at no cost or expense to Lessee.
  Lessee shall fully cooperate in the performance of such Environmental Site Assessments and inspections.
2. Lessee shall immediately notify the Authority of any accumulation, deposit, placement, release, spill, storage, or use of any of said substances upon or under the demise premises. Such notification will be in addition to and will not replace any notice required by Laws.
3. Throughout the term of this Lease, Lessee shall not use, generate, release, discharge, store, dispose, or transport any substances in, under, in, above, to, or from the Demised Premises in any manner other than in strict compliance with all Laws. If Lessee’s activities at the Demised Premises or Lessee’s use of the Demised Premises (a) result in a release of substances that are not in compliance with Laws or permits issued thereunder; (b) gives rise to any claim or requires a response under applicable laws or permits issued thereunder; (c) causes a significant public health effect; or (d) creates a nuisance, then Lessee shall, at is sole cost and expense: (i) immediately provide verbal notice thereof to the Authority as well as notice to the Authority in the manner required by this Lease, which notice must identify the substances involved and the emergency procedures taken or to be taken to remove and abate the condition; and (ii) promptly take all action in response to such situation required by applicable laws, provided that Lessee shall first obtain the Authority’s approval of the non-emergency remediation plan to be undertaken, which plan must be to the satisfaction of the Authority in its reasonable discretion.
4. In the event any federal, state, regional, county, or local governments governmental authority with jurisdiction to enforce or regulate the construction and operation of the facilities of Lessee determines that there is any significant or substantial deviation from the conditions, restrictions, and limitations set forth above or any provisions of applicable Law (hereinafter referred to as “Violation”), the Authority shall have the right, upon providing due notice to Lessee, to require a hearing before the Authority for the purpose of determining the cause and extent of the Violation and to issue a notice to Lessee to correct such Violation within thirty (30) days or within such period of time as may be reasonable under the circumstances, such period of time to be determined by the Authority. In the event Lessee fails to correct the Violation within the period determined by the Authority, then and in that event, the Authority shall have the right to terminate the operation of any such facilities by Lessee until such Violation has been corrected or take such lawful action as may be appropriate under the circumstances.
5. If Lessee fails to promptly take action to contain, remove or remediate, as appropriate, the substances or correct the Violation in accordance with subsection D. above, then the Authority will be entitled to take all actions that it deems appropriate to contain, remove or remediate the Violation or the substances released in a manner that is not in compliance with Laws, at Lessee’s sole expense and Lessee shall immediately reimburse the Authority for all such reasonable expenses due upon demand. In the event that the Authority has reasonable evidence that substances were used, generated, released, discharged, stored or disposed by Lessee at the Demised Premises in violation of Laws, the Authority will have the right to perform or cause to be performed environmental audits of the property, at Lessee’s expense, in and around the Demised Premises to determine whether any violation of applicable laws occurred. Lessee shall fully cooperate in the performance of such environmental audits.
6. During a time period between 60 and 90 days prior to the expiration of the term of this Lease, the Authority shall have the right, in its sole discretion, to cause an environmental assessment, audit, or survey to be conducted or made of the Demised Premises by a competent qualified environmental consultant or engineer on substantially the same basis and using the same criteria as any Environmental Site Assessment carried out under subparagraph A above, identifying the existence and the levels or quantities of any of the above mentioned substances on or under any portion of the Demised Premises (“Lease End Assessment”). A copy of any Lease End Assessment obtained by the Authority pursuant to the provisions of this subparagraph must be immediately furnished to Lessee. If the Lease End Assessment demonstrates any the environmental condition or worsening of an existing environmental condition of the Demised Premises attributable to Lessee, Lessee shall cause any necessary action to be immediately taken to remediate such condition. After the expiration of the Lease term, unless otherwise agreed by the Authority and Lessee, Lessee will be deemed to be “holding over” until the remediation has been completed to the satisfaction of the Authority or any applicable regulatory agency. Lessee shall pay to the Authority rent in accordance with the paragraph of this Lease entitled “No Holding Over,” together with any applicable Florida sales taxes, for each and every month during the time Lessee is holding over due to required remediation. Lessee shall not conduct any activities or operations upon the Demised Premises during the time this remediation of the Demised Premises is being completed to the extent required by the applicable regulatory agencies without the express written consent of the Authority.
7. The remedies granted to the Authority in this Lease are in addition to all other remedies which may be available to the Authority under the laws of the United States and the State of Florida and nothing in this Lease will be construed as limiting the remedies of the Authority or any federal, state, regional, county, or local government governmental authority with jurisdiction to regulate the construction and operation of the facilities.
8. Nothing in this Lease will be construed to impair or limit the lawful rights of Lessee to challenge or contest any such Laws.
LESSEE’S INSURANCE. During the term of the Lease, Lessee shall provide, pay for, and maintain with insurance companies having at least an A.M. Best rating of A-/VIII or better and satisfactory to the Authority, the following types of insurance described in this Lease:
completed structure. Coverage should be provided on a “Completed Value’ basis. The minimum acceptable limits for this coverage shall the Full Replacement Value of the completed structure.
INDEMNIFICATION. Regardless of whether or not there is any applicable insurance, Lessee agrees to assume liability for and indemnify, hold harmless, and defend and release the Authority and its Port Authority members, officers, agents and employees (collectively “Authority Indemnitee”) of, from, and against all liability and expense, including all fines, taxes, assessments, penalties, claims, suits, actions, demands, losses, damages, liabilities, remediation and response expenses, costs, and expenses (including, without limitation, reasonable attorneys’ fees, engineering fees and the costs and expense of appellate action, if any) (collectively, “Claims”), and causes of cations of every kind or character whatsoever in law or in equity, including claims for bodily or personal injury, loss of life, violation of Legal Requirements or Laws (including, without limitation, those matters described in the paragraph of this Lease entitled “Environmental Matters”), violation of grant requirements, property damage, relief, or loss of use, arising out of any occurrence in, upon, at, or about the Demised Premises or any part thereof caused in whole or in part, either directly or indirectly, by the act, omission, negligence, misconduct, or breach of this Lease by Lessee, its officers, employees, agents, representatives, contractors, subcontractors, licensees, invitees, or by any other person entering the Demised Premises under express or implied invitation of Lessee (“Lessee and Others”), or (2) a Lessee and Others use of the Demised Premises or improvements, or (3) to Lessee and Others operation at Port Manatee, except to the extent provided by law that any such loss or damage is caused in whole or in part by the negligence or willful misconduct of the Authority Indemnitee. Lessee’s obligations under this paragraph are not limited in amount, and specifically are not limited to the amount of any insurance. The indemnification set forth in this Lease must survive and continue in full force and effect and is not terminated, discharged or released in whole or in part after the date of termination or expiration of this Lease.
1. This indemnification provision includes claims made by any employees of Lessee against the Authority, and Lessee hereby waives its entitlement, if any, to immunity under section 440.11, Florida Statutes. Nothing contained in this Lease and specifically this indemnification provision is intended to nor shall it be construed as an additional waiver of sovereign immunity beyond the expressed written contractual obligations of the Authority contained within this Lease. Excluded from the Authority’s indemnification obligation are any claims for which the Authority is immune
  from suit under the doctrine of sovereign immunity or for any amount of a claim exceeding the limitations of liability established by section 768.28, Florida Statutes. Nothing in this Lease may be construed as consent by the Authority to be sued by third parties in any matter arising out of this Lease.
2. Subject to the limitations set forth in this Section, Lessee shall assume control of the defense of any claim asserted by a third party against the Authority for which Lessee is obligated to indemnify, defend, and hold harmless the Authority under this Section and, in connection of such defense, shall appoint lead counsel in each case at Lessee’s expense. The Authority shall have the right, at its option, to participate in the defense of any third party claim, without relieving Lessee of any of its obligations hereunder. If Lessee assumes control of the defense of any third party claim in accordance with this Section, Lessee shall obtain the prior written consent (not to be unreasonably withheld, conditioned, or delayed) of the Authority before entering into any settlement of such claim. Notwithstanding anything to the contrary in this Section, Lessee shall not assume or maintain control of the defense of any third party claim, but shall pay the fees of counsel retained by the Authority and all reasonable expenses, including experts’ fees, if (a) an adverse determination with respect to the third party claim would, in the good faith judgment of the Authority, be detrimental in any material respect to the Authority’s reputation; (b) the third party claim seeks an injunction or equitable relief against the Authority; or (c) Lessee has failed or is failing to prosecute or defend vigorously the third party claim. Each party shall cooperate, and cause its agents to cooperate, in the defense or prosecution of any third party claim and shall furnish or cause to be furnished such records and information, and attend such conferences, discovery proceedings, hearings, trials, or appeals, as may be reasonably requested in connection therewith.
3. The Parties recognize that Lessee is an independent contractor.
GOVERNMENTAL IMMUNITY. Nothing in this Lease is intended to serve as a waiver of sovereign immunity by the Authority or may be construed as consent by the Authority to be sued by third parties in any matter arising out of this Lease. The Authority agrees to be fully responsible for the acts and omissions of its agents and employees to the extent permitted by law.
LABOR DISPUTES. Port Manatee consists of various facilities operated by tenants pursuant to leases with the Authority and by the Authority itself, and it is necessary for the operation of Port Manatee
that there is a degree of cooperation between Lessee and the Authority. In the event there are any strikes, boycotts, walkouts, picketing or other labor disputes at Port Manatee impacting upon the activities and operations of Lessee pursuant to the provisions of this Lease then and in that event, Lessee shall cooperate with the Authority in taking reasonable action and undertakings necessary to preserve and protect normal lawful activities and operations at Port Manatee. Such action may include the exchange of information between Lessee and the Authority or arranging for a separate entrance to certain facilities at Port Manatee. Lessee shall exercise a reasonable effort to discourage and prevent any such labor disputes in connection with its activities and operations pursuant to the provisions of this Lease. In the event of any such labor dispute in connection with the activities and operation by Lessee, then and in that event, Lessee shall take all reasonable action necessary to resolve said disputes and to prevent the disruption of the normal activities and operations at Port Manatee. Nothing in this Lease will be construed to impair or limit the lawful rights of employees of Lessee or the Authority, or to limit the lawful rights of any labor organization representing said employees.
RELATIONSHIP BETWEEN THE PARTIES. The Authority is not exercising any dominion, control or supervision over the activities and operations of Lessee upon the Demised Premises, and the only interest the Authority has in and to activities and operations is as the lessor or landlord of the Demised Premises pursuant to the provisions of this Lease and as the owner and operator of Port Manatee pursuant to the provisions of the then current Port Manatee Tariff.
ASSIGNMENT OR SUBLETTING. The Lease is binding upon and will inure to the benefit of the Parties and their respective successors and assigns. However, this Lease may not be assigned and no portion of the Demised Premises may be sublet by Lessee without the express written approval of the Authority. The Authority will not arbitrarily delay or refuse to permit such an assignment if Lessee furnishes evidence satisfactory to the Authority that the assignee has financial resources to secure the performance of the terms and conditions of this Lease, which are at least equal to those of Lessee. The Authority will not arbitrarily delay or refuse to permit subletting providing that Lessee always remains liable to the Authority for carrying out the terms and conditions of this Lease and further providing that Lessee provide the Authority with a duly executed copy of any such sublease. Approval of any assignment will be set forth in a written addendum or supplement to this Lease executed with the same formality as the execution of this Lease. Approval of any sublease will be set forth in a written Resolution of the
Authority. Lessee may not assign, pledge, or otherwise transfer, as and for any other purposes, collateral security, in connection with any financing or refinancing this Lease or the improvements.
LESSEE REPRESENTATIONS. Lessee represents unto the Authority with the intent that the Authority rely thereon as a major inducement to the Authority to enter into this Lease that:
1. Lessee represents and warrants to the Authority that to its actual and constructive knowledge: 1) neither Lessee (which includes for purposes of this Section its parent and affiliate companies, owners, members, managers, shareholders, directors, officers, representatives, agents, employees, distributors, vendors and suppliers collectively) nor any of its funding sources are identified on the Special Designated Nationals and Blocked Persons List of the U.S. Treasury Office of Foreign Asset Control; 2) neither Lessee nor any guarantor of all or any part of Lessee’s obligations under this Lease are directly or indirectly owned or controlled by a government or country that is subject to an embargo imposed by the U.S. Government; 3) neither Lessee nor a grantor of all or any part of Lessee’s obligations under this Lease are acting on behalf of a government or have been in the past ten years involved in business arrangements or other transactions with any country that is subject to such embargo. Lessee agrees to notify the Authority in writing immediately upon the occurrence of any of that, which would cause the foregoing representation, and warranties of this Section to be incorrect in any respect and the Authority shall have the right then or thereafter to terminate this Lease at its sole and absolute discretion.
2. In connection with any aspect of this Lease or other transaction involving Lessee, neither Lessee (which includes for purposes of this Section its parent and affiliate companies, owners, members, managers, shareholders, directors, officers, representatives, agents, employees, distributors, vendors and suppliers collectively) has engaged or will engage in prohibited conduct, as defined in the Foreign Corrupt Practices Acts, directly or indirectly in the performance of this Lease or otherwise on behalf of itself or Lessee. In the event of or during the term of this Lease, if Lessee is not in compliance with this Section, Lessee shall make prompt disclosure of such non-compliance to the Authority and the Authority shall have the right to terminate the Lease.
3. Lessee (which includes its officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of Lessee) has not been placed on the convicted vendor list following a conviction for a public entity crime within the last 36 months. In the event of or during the term of this Lease, if Lessee is placed on the convicted vendor list, in accordance with section 287.133 of the Florida Statutes as may be amended, Lessee shall make prompt disclosure of such non- compliance to the Authority.
4. Pursuant to section 287.135, Florida Statutes, Lessee certifies, represents, and warrants that: (a) it is not on the Scrutinized Companies with Activities in Sudan List, (b) it is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,
  1. it is not on the Scrutinized Companies with Activities in Iran Terrorism Sectors List,
  2. that it does not have Business operations or is engaged in business in Cuba or Syria, and (e) that it is not engaged or engaging in a Boycott of Israel, and that all such certifications were true at the time it submitted its bid or proposal for this Lease and as of the effective date of any renewal. Notwithstanding anything contained in this Lease to the contrary, the Authority may terminate this Lease immediately if: (1) Lessee is found to have submitted a false certification regarding (a) – (e) above in accordance with section 287.135(5), Florida Statutes, or (2) Lessee is found to have been placed on the Scrutinized Companies that Boycott Israel List as that term is defined and such list is maintained pursuant to Section 287.135, Florida Statutes, or is otherwise engaged in a boycott of Israel. Such termination shall be in addition to any and all remedies available to the Authority at law.
5. Pursuant to section 286.101, Florida Statutes, Lessee shall disclose any current or prior interest of, any contract with, or any grant or gift received from a Foreign Country of Concern, as defined below, if such interest, contract, or grant or gift has a value of
  $50,000 or more and such interest existed at any time or such contract or grant or gift was received or in force at any time during the previous five (5) years. For purposes of this section, “Foreign Country of Concern” means the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, or the Syrian Arab Republic, including any agency of or any other entity under significant control of
  such foreign country of concern. Lessee’s disclosure shall include the name and mailing address of the disclosing entity, the amount of the contract or grant or gift or the value of the interest disclosed, the applicable foreign country of concern and, if applicable, the date of termination of the contract or interest, the date of receipt of the grant or gift, and the name of the agent or controlled entity that is the source or interest holder. Lessee represents that within one (1) year before proposing any contract to the Authority, Lessee provided a copy of such disclosure to the Florida Department of Financial Services.
6. Lessee agrees that Lessee does not and will not, nor will it allow a subcontractor to, use any funds from the Authority for the purpose of issuing an identification card or document to any individual who does not provide proof of lawful presence in the United States.
LESSEE’S COMPLIANCE. Lessee shall comply with all applicable Legal Requirements and shall promptly comply with all governmental orders and directives for the correction, prevention, and abatement of any violation of applicable Legal Requirements, in, upon, or connected with the Demised Premises, all at Lessee’s sole expense. Lessee warrants that all improvements or alterations of the Demised Premises made by Lessee or Lessee’s employees, agents or contractors, either prior to Lessee’s occupancy of the Demised Premises or during the term of this Lease, will comply with all applicable Legal Requirements. Lessee will procure at its own expense all permits and licenses required by the transaction of its business in the Demised Premises. In addition, Lessee warrants that its use of the Demised Premises will be in strict compliance with all applicable Legal Requirements. During the term of this Lease, Lessee shall, at its sole cost and expense, make any modifications to the Demised Premises that may be required pursuant to any applicable Legal Requirements, now in force during the term of this Lease or which may hereinafter be in force.

To the extent Lessee receives any notices of violations of any permit or applicable Legal Requirements issued by any governmental authority relating to the construction of the improvements, leasing of the Demised Premises, or the operations at the Demised Premises or concerning its other activities under this Lease (“Citation”), Lessee shall promptly respond to the Citation. Lessee shall provide notice and a copy of each Citation to the Authority promptly after the Citation is received by Lessee. Thereafter, Lessee shall
keep the Authority informed on the ongoing status of Lessee’s efforts to address the Citation and Lessee shall provide notice to the Authority when the Citation has been satisfactorily resolved. Lessee shall pay all costs of investigating and responding to a Citation, all costs of correcting deficiencies and achieving compliance with applicable Legal Requirements, and all fines assessed as a result of Lessee's non- compliance.
EMINENT DOMAIN. If during the term of this Lease there is any taking of any portion of the Demised Premises by eminent domain or condemnation that materially affects the demised property for the development, construction or operation of Lessee, in accordance with the paragraph of this Lease entitled “Purpose,” in the Authority’s reasonable determination, Lessee may terminate this Lease whereupon the Parties will be relieved from further liability under this Lease. Prior to any termination of Lease, the Authority will endeavor to provide facilities and acreage equivalent in size, value, and utility to the portion of the Demised Premises taken by eminent domain or condemnation.

The Authority will be entitled to any compensation awarded for any taking, whether for the whole or a portion of the Demised Premises, for the Authority’s fee simple title interest and future rent loss. Lessee will be entitled to any compensation awarded for any taking, whether for the whole or a portion of the Demised Premises, improvements installed by Lessee that were taken, for Lessee’s leasehold interest, Lessee’s moving expenses, and the value of Lessee’s trade fixtures.
EVENTS OF DEFAULT. Any of the following events constitute an "Event of Default" of this Lease by Lessee:
1. If Lessee abandons or vacates the Demised Premises; or
2. If the Rent, fees, charges, or other payments which Lessee agrees to pay or is obligated to pay hereunder are not received by the Authority within ten (10) business days after receipt of written notice of non-payment from the Authority; or
3. If Lessee fails to observe, keep, or perform any of the terms, covenants, agreements, or conditions of this Lease for a period of ten (10) business days after receipt of written notice from the Authority; or
4. If Lessee transfers substantial control of Lessee’s assets or Lessee’s business operations or activity to any other entity without prior written consent of the Authority, which will not be
  unreasonably withheld that is not otherwise provided by the paragraph of this Lease entitled “Assignment and Subletting”; or
5. If Lessee files a voluntary petition for bankruptcy or otherwise seeks the benefit of any bankruptcy, reorganization, arrangement, or insolvency law or makes a general assignment for the benefit of creditors; or
6. If Lessee is adjudicated bankrupt; or
7. If any act occurs which deprives Lessee permanently of the rights, powers, or privileges necessary for the proper conduct and operation of Lessee’s business; or
8. Any lien, claim or other encumbrance which is filed against the Demised Premises is not removed or if the Authority is not adequately secured by bond or otherwise, within thirty (30) calendar days after Lessee has received notice thereof; or
9. The discovery of any material misrepresentation or fraudulent statement made to the Authority in connection with any lease or other application or forms submitted to the Authority in connection with this Lease or the Demised Premises, following written notice by the Authority and a failure by Lessee to explain the matter to the Authority’s satisfaction within thirty (30) calendar days; or
10. By or pursuant to, or under authority of any legislative act, resolution or rule or any order or decree of any court or governmental board, agency or officer having jurisdiction, a receiver, trustee, or liquidator must take possession or control of all or substantially all of the property of Lessee, and such possession or control continues in effect for a period of thirty (30) calendar days; or
11. Any business is conducted, or service is performed, or product is sold from the Demised Premises that is not specifically authorized by this Lease, and such activity does not cease within ten (10) calendar days after receipt of written notice to that effect; or
12. If at any time Lessee uses or permits the Demised Premises to be used for any purpose which has not been authorized by this Lease; or
13. If Lessee uses or permits the use of the Demised Premises in violation of any Legal Requirements (including, but not limited to, environmental laws); or
14. If Lessee attempts to or does mortgage or pledge Lessee’s interest hereunder; or
15. If Lessee’s interest under this Lease is being sold under execution or other legal process; or
16. If Lessee’s interest under this Lease is being modified or altered by any unapproved assignment or unauthorized subletting, or by operation of law; or
17. If any of the goods or chattels of Lessee used in, or incident to, the operation of Lessee’s business in the Demised Premises are being or have been seized, sequestered, or impounded by virtue of, or under authority of, any legal proceeding; or
18. Lessee’s failure to comply with the material terms of all Port tariffs or the Authority rules and regulations and such failure continues for more than thirty (30) days after delivery of written notice of such Event of Default to Lessee by the Authority or the Authority’s agents; or
19. Upon a lapse in coverage occurs with respect to any insurance required by this Lease or the Authority is not timely provided with any documentation required in this Lease with respect to such insurance;
  Then upon the occurrence of any Event of Default, or at any time thereafter during the continuance of the Event of Default, the Authority, by its Board, may, at its option, immediately terminate this Lease, and all rights of Lessee under this Lease. The Authority shall provide Lessee with notice of the effective termination date in writing. In the event of any such termination, Lessee and its sublessee(s) shall immediately quit and surrender the Demised Premises to the Authority and shall cease operations. In the event of any termination by the Authority, Lessee has no further rights under this Lease and further covenants and agrees to yield and deliver peaceably and promptly to the Authority, possession of the Demised Premises on the date of cessation of the letting, whether such cessation be by termination, expiration, or otherwise. The Authority, its agents, employees, and representatives have the right to enter the Demised Premises and remove all property, and to accelerate and declare immediately due and payable all unpaid rents, minimum guaranteed payments due under this Lease, and other sums required to be paid under this Lease. In addition, Lessee is liable for all damages incurred by the Authority in connection with Lessee’s default or the termination of this Lease upon such an Event of Default, including without limitation, all direct damages, such as collection costs and reasonable attorney’s fees, as well as indirect, consequential, and all other damages whatsoever. The exercise by the Authority of any right of termination will be without prejudice to and in addition to every other remedy at law or in equity. No remedy in this Lease conferred upon or reserved to the Authority is intended to be exclusive of any other remedy in this Lease provided or otherwise available, and each and every remedy will be cumulative.
HABITUAL DEFAULT. Notwithstanding the foregoing, in the event Lessee defaults in the performance of or breaches any of the terms, covenants and conditions required in this Lease to be kept and performed by Lessee two (2) or more times in two (2) consecutive months, and regardless of whether Lessee has cured each individual condition of breach or Event of Default, Lessee may be determined by the Authority to be a “habitual violator.” At the time that such determination is made, the Authority shall issue to Lessee a written notice advising of such determination and citing the circumstances of the determination. Such notice must also advise Lessee that there will be no further notice or grace periods to correct any subsequent breaches or Events of Default and that any subsequent breaches or Events of Default, of whatever nature, taken with all previous breaches and defaults, will be considered cumulative and collectively, constitute a condition of non-curable default and grounds for immediate termination of this Lease. In the event of any such subsequent breach or Event of Default, the Authority may terminate this Lease. The Authority shall provide written notice to Lessee of the effective termination date.
TERMINATION WITHOUT NOTICE. The occurrence of any of the following during the term of this Lease will immediately confer upon the Authority the right to terminate this Lease without notice, in its sole discretion upon the terms and conditions set forth below:
1. If Lessee or an officer, director, executive, partner, or a shareholder, employee or agent who is active in the management of Lessee is found guilty or convicted of illegal conduct or activity (with or without an adjudication of guilt) as a result of a jury verdict, nonjury trial, entry of a plea of guilty or nolo contendere where the illegal conduct or activity (i) is considered to be a public entity crime as defined by Ch. 287, Florida Statutes, as amended, or (ii) is customarily considered to be a “white collar crime” or theft-related crime such as fraud, smuggling, bribery, embezzlement or misappropriation of funds, or (iii) involves an act of moral turpitude meaning conduct or acts that tend to degrade principals or owners in society or bring them into public hatred, contempt, scorn or ridicule, or that tends to shock, insult or offend the community or ridicule public morals or decency or harm the image of the Authority by virtue of its association with Lessee or (iv) results in a felony conviction. Lessee understands and agrees that neither the resignation nor the termination of the offending person does not impair the Authority’s right to terminate without notice under this Section; or
2. Suspension or revocation of Lessee’s operations by a governmental unit or agency having jurisdiction over the Demised Premises and/or the business being conducted on the Demised Premises, regardless of the length of such suspension or revocation.
NO HOLDING OVER. Failure of Lessee to surrender the Demised Premises in accordance with the provisions of this Lease upon termination or expiration of this Lease, and the subsequent holding over by Lessee, with or without the consent of the Authority, will result in the creation of a tenancy at will at triple the Rent payable commencing at the time of the date of termination or expiration. This provision does not give Lessee any right to hold over at the termination or expiration of the term of this Lease and will not be deemed to be a renewal of the Lease term by operation of law or otherwise.
INSOLVENCY. If Lessee becomes insolvent or bankruptcy proceedings are begun by or against Lessee, and within thirty (30) days thereof, Lessee fails to secure a discharge thereof, or if Lessee should make an assignment for the benefit of creditors before the end of the term of this Lease, the Authority is irrevocably authorized, at its option, to terminate this Lease. The Authority may elect to accept rent and other required compensation from the receiver, trustee or other judicial officer during the term of their authority in their fiduciary capacity, without affecting the Authority’s rights under this Lease, but no receiver, trustee, or other judicial officer will have any right, title, or interest in the Demised Premises.
FORCE MAJEURE AND ABATEMENT OF PAYMENTS.
1. The Parties stipulate that Force Majeure shall not include the novel coronavirus Covid- 19 pandemic which is ongoing as of the date of the execution of this Lease. Acts, events, incidents or occurrences which would constitute a breach or default by Lessee under the provisions of this Lease which happen or occur solely as a result of acts of God, natural disasters or other circumstances which Lessee could not have foreseen that happen or occur through no action, fault, inaction, negligence or other conduct by Lessee, its agents, contractors, employees, invitees, licensees, servants, or subcontractors will not be deemed a breach or default by Lessee of this Lease. Except to the extent set forth below, the provisions of this paragraph will not apply to acts, events, incidents or occurrences caused by business events, economic factors or
  market conditions affecting or impacting upon Lessee or the activities and operations of Lessee upon the Demised Premises. Notwithstanding the foregoing, Lessee shall immediately take every reasonable effort or step to cure, remove or restore the conditions caused by any such act, event, incident or occurrence so that the activities, facilities and operations of Lessee upon the Demised Premises are placed as nearly as practicable in the condition and at the level as same existed prior to any such act, event, incident or occurrence. Without limiting the generality of the foregoing, the following will be considered force majeure events under this Lease: The taking of the quarry and/or operations of Lessee’s source(s) of materials permitted to be brought into Port Manatee under this Lease for public or quasi-public use under any statute or decree or by right of eminent domain, by condemnation or by private purchase in lieu thereof by a body vested with the power of eminent domain, or by any governmental authority or person acting under governmental authority, or by expropriation, confiscation, nationalization or other similar event.
2. If a special event of force majeure occurs, the Parties shall confer and agree upon the extent thereof, methods facilitation or removing such event and possible modifications to this Lease. If said matters are not agreed upon in writing within ninety (90) days after the date of such event, Lessee shall have the right to terminate this Lease without penalty upon Lessee giving the Authority written notice of said termination.
FEDERAL MARITIME COMMISSION REQUIREMENTS. The Authority shall comply with all approval or filing requirements relating to this Lease under federal laws or regulations administered by the Federal Maritime Commission and Lessee shall fully comply with all such approval or filing requirements relating to commercial carrier and/or marine terminal operator schedules. If it is determined by the Federal Maritime Commission or by either of the Parties that this Lease is subject to approval or filing requirements under federal laws or regulations administered by the Federal Maritime Commission, the Parties, in cooperation with each other, shall promptly comply with said requirements. If the activities and operations of Lessee at Port Manatee pursuant to the provisions of this Lease result in a determination by the Federal Maritime Commission that Lessee is a marine terminal operator and if the charges, fees, rates and other income received by Lessee from others in connection with the activities and operations of Lessee as a marine terminal operator are subject to approval or filing requirements under federal laws or regulations administered by the Federal Maritime Commission,
Lessee will promptly comply with said requirements as a marine terminal operator including any required tariffs. If the Federal Maritime Commission by a duly entered order disapproves of any of the provisions of this Lease subject to the jurisdiction or regulations of the Federal Maritime Commission, the particular disapproved provisions will be deemed null and void and of no force and effect, with all of the remaining provisions of this Lease remaining in full force and effect.
PUBLIC RECORDS. All papers, letters, maps, books, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristic, or means of transmission, made or received pursuant to law or in connection with the transaction of official business by the Authority are public records of the Authority in accordance with the Florida Constitution and Florida Statutes. Every person has the right to examine, inspect, and copy any such public records not specifically made exempt by provisions of the Florida Statutes. Any financial or proprietary information relating to Lessee transmitted by Lessee to the Authority may be a public record subject to disclosure to a requesting third person (not a party to this Lease). If the Authority receives a request by a third party for the disclosure of any such public records relating to Lessee, the Authority shall immediately notify Lessee of said request, however, in no event will the Authority delay production of the public records in order to provide notice to Lessee. The Authority will comply with said request to the extent required by law, unless Lessee institutes an appropriate legal proceeding or suit against the Authority and/or the third person to restrain or otherwise prevent the particular public records’ disclosure. If Lessee institutes any such legal proceeding or suit and the Authority incurs any attorneys’ fees, costs, damages, or penalties in connection with or because of the legal proceeding or suit, Lessee shall pay to the Authority an amount equal to the total amount of said attorneys’ fees, costs, damages, or penalties.

Lessee agrees to comply with the Florida Public Records Act, as applicable, including, but not limited to section 119.0701 of the Florida Statutes. Documents which may be considered public records under Florida law include, but are not limited to: records related to the entry, management and implementation of the Lease itself; emails/correspondence between the Authority and Lessee related to the Lease; emails or correspondence from all other entities related to the Lease (i.e., subcontractors, suppliers, vendors, etc.); billing and related documents; plans or other documents that may be necessary, reports, etc.; subcontracts; and all vendor invoices. Lessee agrees, to the extent required by law, to:
1. keep and maintain public records that ordinarily and necessarily would be required by the public agency in performing the services of the Lease;
2. provide the public with access to the public records under the same terms and conditions that the Authority would provide the records and at a cost that does not exceed the cost provided for by law;
3. ensure that the public records that are exempt or confidential, and exempt from public record disclosure requirements, are not disclosed, except as authorized by law; and
4. meet all requirements where retained public records and transfer, at no cost, to the Authority, all public records in possession of Lessee, upon termination or completion of the Lease and destroy any duplicate public records that are exempt or confidential, or exempt from public record disclosure requirements.
Further, Lessee agrees that all records stored electronically will be provided to the Authority in a format that is compatible with the information technology systems of the Authority. Lessee shall promptly provide the Authority with a copy of any request to inspect or copy public records that Lessee receives and a copy of Lessee’s response to each request. Lessee understands and agrees that failure to provide access to the public records will be a material breach of the Lease and grounds for termination.

IF LESSEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO LESSEE’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS OF THE AUTHORITY AT (941) 722- 6621, RECORDSCUSTODIAN@SEAPORTMANATEE.ORG, PORT MANATEE, 300 TAMPA BAY WAY, SUITE ONE, PALMETTO, FL 34221.
NOTICE. All notices required or allowed by this Lease must be delivered by email (with a requirement that the recipient acknowledge receipt), third party overnight courier (including overnight couriers’ services such Federal Express) or Certified Mail, Return Receipt Requested, postage paid addressed to the party to whom notice is given at the following addresses:
- If to Lessee:
  Frontier Florida LLC
  Address: 1919 McKinney Ave copy 210 Sixth Ave, Suite 600 Dallas, TX 75201 Pittsburgh, PA 15222
  Telephone: (813) 833-4860
  Email: tonya.lowe@nmrk.com
- If to the Authority: Manatee County Port Authority. Address: Attention: Executive Director
300 Tampa Bay Way, Suite One Palmetto, Florida 34221
Telephone: (941) 722-6621
Email: cbuqueras@portmanatee.com
Copy to: Port Counsel
Bryant, Miller, and Olive, P.A.
201 North Franklin Street, Suite 2700
Tampa, Florida 33602
Telephone: (813) 273-6677
Facsimile: (813) 223-2705 Email: jcowan@bmolaw.com

Notice is deemed to have been given upon receipt by recipient as evidenced by an email acknowledging receipt by overnight courier Air bill or by return receipt. In the event the recipient fails or refuses to sign the Return Receipt, the receipt will be sufficient.
GOVERNING LAW, JURISDICTION AND VENUE. The enforcement of this Lease and the interpretation of the provisions of the Lease are controlled and governed by the laws of the State of Florida. The Parties consent to jurisdiction over them in the State of Florida and agree that venue for any state action arising under this Agreement shall lie solely in the courts located in the 12th Judicial Circuit Manatee County, Florida, and for any federal action shall lie solely in the United States District Court, Middle District of the State of Florida.

The Authority and Lessee recognize that this Lease involves relatively complex business transactions; that this Lease is lengthy, and its terminology is technical in nature and thus may be especially susceptible to misinterpretation; and in the event of a dispute as to rights and obligations under this Lease, a Judge rather than a jury would be the most efficient and qualified trier of fact. Accordingly, the Parties are each desirous of leaving their respective rights to a jury trial with respect to any litigation or other legal proceedings relating to or arising out of or in connection with this Lease or its subject matter as follows:

EACH PARTY BY EXECUTION HEREOF DOES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE, FOR THEMSELVES AND THEIR. RESPECTIVE
SUCCESSORS AND ASSIGNS, ANY RIGHT WHICH EITHER OF THEM MAY HAVE TO A TRIAL BY JURY IN RESPECT ANY LITIGATION, ACTION, SUIT, OR PROCEEDING WHETHER AT LAW OR IN EQUITY BASED ON THIS LEASE, ANY AMENDMENT OR ADDITION TO THIS LEASE, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, (WHETHER ORAL OR WRITTEN) OR ACTIONS OF EITHER PARTY OR THEIR RESPECTIVE BOARD MEMBERS, OFFICERS, PRINCIPALS, EMPLOYEES, AGENTS, OR REPRESENTATIVES IN CONNECTION HEREWITH, WHETHER ARISING IN CONTRACT, TORT, OR OTHERWISE. NO PARTY SHALL SEEK TO CONSOLIDATE ANY LITIGATION, ACTION, SUIT, OR PROCEEDING WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED. THIS PROVISION IS MATERIAL AND MUTUAL INDUCEMENT TO ENTERING INTO THIS LEASE.
AMENDMENTS. This Lease may not be modified, amended, or altered except by in a written document executed by the Authority and Lessee.
WAIVER AND DELAY. No waiver or delay in enforcing the terms of this Lease will be construed as a waiver of any subsequent breach. No waiver of any portion of this Lease will be effective unless it is in writing and signed by the party against whom it is asserted.
NO THIRD PARTY BENEFICIARIES. Neither the Authority nor Lessee intends to benefit a third party directly or indirectly by this Lease. Therefore, the Authority and Lessee agree that this Lease does not and is not intended to confer any rights or remedies upon any person or entity other than the Parties.
LEASE ADMINISTRATION. The Authority authorizes the Executive Director of Port Manatee, or his designee, to administer the terms and conditions of this Lease on behalf of the Authority and to make all managerial decisions on behalf of the Authority as they relate to the provisions of this Lease, including, but not limited to, those decisions in this Lease at the sections entitled “Purpose,” “Term,” “Improvements,” and “Maintenance.”.
INTERPRETATION. The captions and headings contained in this Lease are for reference purposes only and will not affect the meaning or interpretation of this Lease. Whenever used in this Lease, the singular number will include the plural, the plural the singular, and the use of any gender will include all
genders. The word including is to be construed without limitation unless otherwise expressly provided. References to specific law must be construed as including any and all laws, which subsequently amend, extend, consolidate, or replace the specific laws involved. References to specific standards, codes of practice, and/or guidelines must be construed as including any and all amendments, supplements, redrafts, and/or substitutes. This Lease is the product of mutual drafting, each party having been represented by or having the opportunity to be represented by counsel, and therefore shall not be construed against either party. This Lease, including all exhibits and addenda attached to this Lease, and other documents referenced in this Lease contain the complete Lease of the Parties for the Demised Premises. As used in this Lease, “business day” means any day that is not a Saturday, Sunday or a holiday recognized by Port Manatee in its Tariff.
ENTIRE AGREEMENT. This Lease sets forth the entire agreement between the Parties as to the subject matter hereof and supersedes all previous written or oral negotiations, agreements, bids, and/or understandings. There are no understandings, representations, warranties, or agreements with respect to the subject matter hereof unless set forth explicitly in this Lease.
SEVERABILITY. In the event that any one or more of the provisions contained in this Lease
is, for any reason, held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect other provisions of this Lease.
AUTHORITY TO EXECUTE. Each of the Parties covenants to the other party that it has lawful authority to enter into this Lease, that the governing body of each of the Parties has approved this Lease and that the governing body of each of the Parties has authorized the execution of this Lease in the manner set forth below.
COUNTERPARTS; SIGNATURES. This Lease will become effective upon the Effective Date, if the Lease has been executed by all of the undersigned. This Lease may be executed in counterparts, each of which constitutes an original and all of which together will constitute one and the same instrument. This Lease may be executed by electronic signature technology and such electronic signature shall act as the Parties’ legal signatures on this Lease and shall be treated in all respects as an original handwritten signature.

Remainder of this Page Intentionally Blank; Signature Pages Follow]

IN WITNESS WHEREOF, the Parties have caused this Lease to be duly executed this the th day of , 202_ (“Effective Date”).

ATTEST: ANGELINA “ANGEL” COLONNESO MANATEE COUNTY PORT

Clerk of the Circuit Court AUTHORITY

By: By:

Chairman

PORT AUTHORITY

WITNESS 1: FRONTEIR FLORIDA LLC

Signature Printed Name

By: Printed:

WITNESS 2: Title:

Signature

Printed Name LESSEE

EXHIBIT A

‌March 21, 2024

CONSENT

AGENDA ITEM 3.H.: PURCHASE OF MOBILE HARBOR CRANE(S)

BACKGROUND:

The Authority previously authorized the execution of a Public Transportation Grant Agreement (PTGA) with the Florida Department of Transportation (FDOT) for the funding of $5,000,000 for the procurement of two mobile harbor cranes. The PTGA requires a Port match of $5,000,000 which was previously budgeted. The Port-owned mobile harbor cranes are aging with one unusable due to fire damage. On January 11, 2024, a Request for Proposal (RFP) was published on DemandStar for the purchase of one mobile harbor crane with an option to purchase a second mobile harbor crane. One response was received from Konecranes in the amount of $5,245,964 for a Gottwald mobile harbor crane which met the requirements of the RFP. If the Port opts to purchase a second crane, the total cost is $10,007,188.

ATTACHMENT:

RFP # 20231128 for two mobile harbor cranes Contract – No. 18185

COST AND FUNDING SOURCE:

If both cranes purchased, $5,000,000 FDOT and $5,007,188 Port cash

CONSEQUENCES IF DEFERRED:

Delay in procurement of mobile harbor crane(s)

LEGAL COUNSEL REVIEW: Yes

RECOMMENDATION:

Move to approve Contract No. 18185 between Kronecranes and the Authority and authorize the issuance of a purchase order to Konecranes in the amount of $5,245,964 with approval to add

$4,761,224 to the purchase order if the Port orders a second crane.

MANATEE COUNTY PORT AUTHORITY

RFP# 20231128

Mobile Harbor Crane(s)

RFP Coordinator

All communication regarding this Request for Proposal (RFP) must be made through the RFP Coordinator identified below.

Name: Denise Stufflebeam

Title: Director of Business Administration & Finance

Contact Information: dstufflebeam@seaportmanatee.com

Submitted Questions Due

All questions must be received by the RFP Coordinator identified above by:

Date: January 18, 2024, no later than 4:00 p.m., local time

Proposal Submission

Proposals must be received by:

Submission Deadline: February 8, 2024, no later than 11:59 p.m., local time.

Proposals must be submitted electronically to the following address:

Electronic (email) Submission Address:

dstufflebeam@seaportmanatee.com or www.DemandStar.com.

Opening of Submitted Bids

Time and date of the public opening of submitted bids: February 9, 2024, 10:00 a.m., local time.

Anticipated Award Date

The anticipated date for the Port to award the bid: February 27, 2024.

PUBLIC NOTICE 3

PART I INTRODUCTION 5

PART II SPECIFICATIONS OF CRANE TO BE PROVIDED 7

PART III KEY RFP EVENTS 11

PART IV PROPOSAL SUBMISSION REQUIREMENTS 13

PART V PROPOSAL EVALUATION AND SELECTION 15

PART VI ADMINISTRATION AND CONDITIONS 16

PART VII LIST OF RFP APPENDICES AND RELATED DOCUMENTS 24

PART VIII SEAPORT MANATEE LOGO 35

PART IX PUBLIC TRANSPORTATION GRANT AGREEMENT (PTGA) 36

‌************************************************* Manatee County Port Authority

RFP# 20231128

Mobile Harbor Crane(s)

Manatee County Port Authority is seeking proposals for one Mobile Harbor Crane with an option for a second Mobile Harbor Crane.

A copy of the RFP, as well as the Question & Answer Summary and all amendments (if any) related to this RFP, can be obtained at the following website: www.DemandStar.com or www.seaportmanatee.com. Proposals must be submitted on www.DemandStar.com or emailed to Denise Stufflebeam dstufflebeam@seaportmanatee.com. Proposal submissions must be received no later than 11:59 pm, local time, on February 8, 2024.

Any and all protest shall be handled in accordance with the Manatee County Port Authority Procurement Policy, Section 2.02.02(f). A copy of the Policy is posted on the following website:

https://www.seaportmanatee.com/wp- content/uploads/2021/06/052021_Final_Procurement_Policy.pdf

*************************************************

The following terms and acronyms shall have the meaning indicated below as referenced in this RFP:

Term/Acronym	Definition
Crane	Mobile Harbor Crane
MCPA	Manatee County Port Authority
Delivery and Acceptance	When MCPA signs the documentation to take ownership of the Crane, which will occur after delivery, unloading at destination, minor assembly, commissioning, and final inspection.
FDOT	Florida Department of Transportation
RFP	Request for Proposal
State	Florida
Vendor	Successful Proposer

RFP# 20231128

Mobile Harbor Crane(s)

‌PART I INTRODUCTION

Purpose and Background

Manatee County Port Authority (MCPA) is seeking proposals to provide one Mobile Harbor Crane (Crane) with an option to purchase a second Mobile Harbor Crane suitable for port operations at SeaPort Manatee in Palmetto, Florida, as defined in this Request for Proposal (RFP) document. This document provides instructions for submitting proposals, the procedure, and criteria by which the awarded Proposer will be selected and the terms which will govern the relationship between the MCPA and the awarded Proposer.

The crane(s) will be funded in part from:

Florida Department of Transportation (FDOT) – Contract # G2H43. See PART IX of this RFP to review the Public Transportation Grant Agreement and related State of Florida requirements. By submitting a proposal to this RFP, Proposers agree that they shall comply with all applicable provisions of the grant.
General Provisions
1. From the time this RFP is issued until award notification is made, all contact with MCPA regarding this RFP must be made through the aforementioned RFP Coordinator. No other person/ Port employee is empowered to make binding statements regarding this RFP. Violation of this provision may lead to disqualification from the bidding process, at MCPA’s discretion.
2. Issuance of this RFP does not commit MCPA to issue an award or to pay expenses incurred by a Proposer in the preparation of a response to this RFP.
3. All proposals should adhere to the instructions and format requirements outlined in this RFP and all written supplements and amendments (such as the Summary of Questions and Answers), issued by MCPA. Proposals are to follow the format and respond to all questions and instructions specified below in the “Proposal Submission Requirements” section of this RFP.
4. Proposers shall take careful note that in evaluating a proposal submitted in response to this RFP, MCPA will consider materials provided in the proposal, information obtained through interviews/presentations (if any), and internal Departmental information of previous history with the Proposer (if any). MCPA also reserves the right to consider other reliable references and publicly available information in evaluating a Proposer’s experience and capabilities.
5. The proposal shall be signed by a person authorized to legally bind the Proposal.
6. The RFP and the selected Proposer’s proposal, including all appendices or attachments, shall be the basis for the final award, as determined by MCPA.
7. Following announcement of an award decision, all submissions in response to this RFP will be considered public records available for public inspection pursuant to Chapter 119, Florida Statutes.
8. MCPA, at its sole discretion, reserves the right to recognize and waive minor informalities and irregularities found in proposals received in response to this RFP. MCPA reserves the right to reject all response to this RFP.
9. All applicable state and federal laws, whether or not herein contained, shall be included by this reference. It shall be the Proposer’s responsibility to determine the applicability and requirements of any such laws and to abide by them.
Eligibility to Submit Bids

All interested and qualified parties are invited to submit bids in response to this RFP. Qualified parties must use the form provided in Part III - Appendix C, Qualifications and Experience Form, to demonstrate that the Proposer has completed at least three (3) similar projects within the past five years which reflect experience and expertise needed in performing the functions described in the “General Specifications” portion of this RFP.
Number of Awards

MCPA anticipates making one award as a result of this RFP process.

‌PART II SPECIFICATIONS OF CRANE TO BE PROVIDED GENERAL SPECIFICATIONS

MCPA requires one mobile harbor crane of 124 metric-ton nominal capacity which is suited for port operations in a marine environment for use in container/spreader loading and unloading operations. The crane must be mobile and equipped with rubber tires, feature level luffing, and include an enclosed cabin and staircase. The crane must be capable of simultaneous and independent operations of slewing, main hoist, and boom hoist motions under full load and speed. The crane must have the capability to lift containers of 41 metric tons (90,389 lbs.) while at a 141-ft (43 meter) working radius when operating.

MCPA requires the following elements to be provided and conditions to be satisfied with the proposed Crane. All the specifications described within this RFP shall be included in the base offer for the crane and not listed as options.

Load Performance
The Crane shall be offered in a container handling configuration for spreader operations with the following maximum capacity and corresponding radius as measured from the center of the tower:
1. Container Capacity: at least 41 metric tons at 141 feet (43 meters)
2. Max Hook Load: at least 124 metric tons
3. Max Working Radius: at least 164 feet (50 meters)
Primary Components
1. An elevated and enclosed cabin height of at least 23 meters.
2. A boom pivot point on the tower of at least 20 meters.
3. Cabin monitors indicating load under hook and the working radius.
4. The crane shall have a lifetime classification for container operation (single lift) of A8 for less than 41 metric ton loads and a classification of A3 for heavy-load operations of less than 125 metric ton loads.
5. Computerized overload safety device (e.g., LMI).
6. Auxiliary power compatibility with the available shore power (e.g.,100AMP/250VDC).
7. Appropriate lighting for night-time operation.
8. Diesel powered prime mover in compliance with tier 4 emissions standards.
9. Major machinery, wire rope drums and electrical control equipment must be located within weather resistant enclosures or cowlings.
10. Lifting speeds of up to 120 meters/minute.
11. Crane shall be equipped to control acceleration/deceleration electronically to avoid shocks to boom structure, wire, and load.
12. A geared winch for heavy and light loads.
13. Must have rubber tires and either individually controlled and steerable wheel sets, or, steerable axle sets. Regardless of steering configuration, the most important feature that the crane must possess is the ability to ‘crab’ (i.e., the ability to move omnidirectionally).
14. Metered counter for the engine operating hours.
15. Fault-finding data recording system.
16. Remote diagnostics modem GSM or equivalent.
17. Obstacle beacon(s).
18. Automatic lubrication system(s) for rope pulleys and chassis.
19. Controlled rotation head block.
20. Machinery space shall be equipped with a fixed and/or semi-portable fire suppression system.
21. Operator cab shall be equipped with a fire extinguisher.
22. Crane shall have a remote-control unit for moving the crane while the operator is outside of the cabin or on the wharf.
23. Equipment for motor grab operation, with rated power up to 54 kW.
24. Initial Starter Package (i.e., maintenance items, spare parts; e.g., fuel filter(s), air intake filter(s), SCR filter(s), filter mat(s), filter element(s), wiper blades, saddle stub set(s), carbon brush(s), etc.).
Chassis Configuration and Load Distribution

Crane must meet capacity requirements (Load Performance) while operating within the load limits for Berths 4, 5, 9, 12 and 14. Load Rating Maps are posted on the following website:
https://www.dropbox.com/scl/fo/2f44h9smzlbwa0s7gt6ja/h?rlkey=sp3ofm7jh99fok5zeanz67ayg &dl=0
Amenities
Operator cabin amenities to include:
1. Heated and air conditioned
2. Cab mounted UHF Radio transceiver
3. AM/FM/CD/AUX/MP3 Radio Head Unit
4. Weatherproof enclosures
5. Noise insulation
6. Safety glass
7. PA system (Public Address system)
8. Under boom tip camera for operator view
Automatic Container Spreader

Included in the offer price shall be an automatic and fully telescoping container spreader featuring:
1. Telescoping capability to 20’ - 40’
2. Lifting capacity of 41 metric tons evenly loaded
3. Spreader communication
External Power

Included in the offer price shall be external power supply with cable reel featuring:
1. Sufficient length of cable to reach a shore power pedestal 400 feet away
2. Ability to connect to a 4 kV (4160V) transformer
Features that Reduce Environmental Impact

The Proposer shall describe in detail any features related to fuel efficiency and/or options that reduce the environmental impact of the crane (e.g., regenerative braking).
Installation and Assembly

The delivery vessel’s gear must be used to unload the Crane and related components from the vessel. Cranes must be delivered fully erected (i.e., no major assembly required).
Training

MCPA requires that the bid proposal include the training and commissioning of no less than five designated representatives from MCPA on the operation and maintenance of the Crane. Maintenance is to include all safety inspections and hours of service parts replacements. At least three full sets of operator’s manuals and service and maintenance manuals must be provided. A spare parts catalog must be provided. A full set of schematics and drawings must be provided.
Paint and Markings
MCPA requires that the SeaPort Manatee logo be placed on the Crane at the Proposer’s expense. This logo is pictured in PART VIII – SeaPort Manatee Logo.

With the exception of high-heat components, all areas of the Crane and lifting device rotator to be painted shall be coated with a system appropriate for the marine environment. Paint system and thickness shall be described in detail in an attached document.,
Technical Assistance

MCPA requires that the Proposer attach to the bid proposal a statement that describes the technical assistance th a t will be provided for post-sales maintenance and service. This should include the location of the technicians and details of the level of technical assistance. This should include any remote service products and remote application updates to support maintenance operations and crane operations.
Spare Parts

The Proposer shall provide a price list of recommended spare parts for the Crane. This list shall be sufficient to describe the extent of consumable spare parts required in one (1) year or 2,000 hours of service (first occurrence).
Delivery Date/Method

The Proposer shall specify the number of calendar weeks from the notice of award of bid that will be required for delivery of the Crane to SeaPort Manatee. This will determine the Delivery Date, which will be included in the notice of award of bid. Ten (10) days’ notice shall be provided to MCPA once the delivery is underway, to confirm the Delivery Date. If the Crane is late in delivery, MCPA reserves the right to deduct $1,500/day from the Proposer’s price for each day after the fifth (5th) day the Crane is late in delivery.
The Crane shall be shipped DDP (Delivered Duty Paid) as described in Incoterms 2023. In addition, the Vendor will be responsible for Insurance, and Unloading at Destination. MCPA is exempt from the payment of Florida sales tax and has been issued Consumer’s Certificate of Exemption Number 85-8012622206C-6, with an expiration date of December 31, 2027.

The Crane shall be unloaded at SeaPort Manatee, Southport Container Terminal, Berth 12 or Berth 14, with a street address of Del Monte Way, Palmetto, FL 34221. The Vendor will contact MCPA’s Representative 72 hours prior to delivery with an estimated time of arrival.
Determination of Compliance with Specifications

RFP Coordinator (or his designee) will be responsible for assuring that the delivered Crane complies with the successful Proposer’s bid proposal. The RFP Coordinator (or his designee) will perform a thorough examination and make the final determination as to the compliance of the Crane with these specifications.

This examination will take place on the Delivery Date. If the Crane is delivered prior to the Delivery Date, MCPA will attempt to perform its examination on the date of delivery, however, shall remain under no formal obligation to do so. If the Crane is delivered after 12:00 p.m. on the Delivery Date, MCPA shall perform its examination of the Crane and make final determination as to its compliance with these specifications within five Business Days of the actual date of delivery. Business Days shall only include Monday through Friday, excluding any national holidays observed by MCPA.
Warranty

MCPA is requiring a manufacturer’s warranty, to include parts and labor, of no less than one full year (12 months) from the date the crane is delivered and commissioned.
On Call Service

Have the ability to provide on-call service to the location of the Crane.

‌PART III KEY RFP EVENTS

Questions
1. General Instructions
  1. It is the responsibility of all Proposers and other interested parties to examine the entire RFP and to seek clarification, in writing, if they do not understand any information or instructions.
  2. Proposers and other interested parties should use the form contained in PART VII - Appendix E – Submitted Questions Form – for submission of questions.
  3. The Submitted Questions Form must be submitted by e-mail and received by the RFP Coordinator, identified on the cover page of this RFP, as soon as possible but no later than the date and time specified on the RFP cover page.
  4. The transmittal e-mail submitting the Submitted Questions Form must include the RFP Number and RFP Title in the subject line of the e-mail. MCPA assumes no liability for assuring accurate/complete/on time e-mail transmission and receipt.
2. Question & Answer Summary
  
  Responses to all questions will be compiled in writing and posted on the following website no later than seven (7) calendar days prior to the proposal due date: www.DemandStar.com or www.seaportmanatee.com. It is the responsibility of all interested parties to go to this website to obtain a copy of the Question & Answer Summary. Only those answers issued in writing on this website will be considered binding.
3. Amendments
  
  All amendments released in regard to this RFP will also be posted on the following website: www.DemandStar.com or www.seaportmanatee.com. It is the responsibility of all interested parties to go to this website to obtain amendments. Only those amendments posted on this website are considered binding.
4. Submitting the Proposal
  1. Proposals Due: Proposals must be received no later than 11:59 p.m. local time, on the date listed on the cover page of this RFP, at which point they will be opened. Proposals received after the 11:59 p.m. deadline will be rejected without exception.
  2. Delivery Instructions: Proposal submissions are to be submitted on www.DemandStar.com or emailed to dstufflebeam@seaportmanatee.com. MCPA assumes no liability for assuring accurate/complete e-mail transmission and receipt.
  3. Proposal Packages: Completed proposal packages must include the following four
    (4) files:
    1. File #1, Cover Forms: PDF format preferred
      Proposal Cover Page (Appendix A)
      Debarment, Performance and Non-Collusion Certification (Appendix B) Public Contracting and Environmental Crimes Certification (Appendix F)
    2. File #2, References: PDF format preferred
      Organization Qualifications and Experience (Appendix C)
    3. File #3, Proposer’s Proposal: PDF format preferred
      Proposer’s proposal
    4. File #4, Cost Proposal Form: PDF format preferred

Cost Proposal (Appendix D)

‌PART IV PROPOSAL SUBMISSION REQUIREMENTS

This section contains instructions for Proposers to use in preparing their proposals. The Proposer’s proposal must follow the outline used below. Failure to use the outline specified in this section, or to respond to all questions and instructions throughout this document, may result in the proposal being disqualified as non-responsive or receiving a reduced score. MCPA, and its evaluation team for this RFP, has sole discretion to determine whether a variance from the RFP specifications should result in either disqualification or reduction in scoring of a proposal.

Rephrasing of the content provided in this RFP will, at best, be considered minimally responsive. MCPA seeks detailed yet succinct responses that demonstrate the Proposer’s experience and ability to perform the requirements specified throughout this document.

Proposal Package Format
1. All electronic documents should be formatted for printing as formatting will not be adjusted prior to printing and reviewing these documents.
2. The Proposer may not provide additional attachments beyond those specified in the RFP for the purpose of extending their response. Additional materials not requested will not be considered part of the proposal and will not be evaluated.
3. Include any forms provided in the submission package or reproduce those forms as closely as possible. All information should be presented in the same order and format as described in the RFP.
4. It is the responsibility of the Proposer to provide all information requested in the RFP package at the time of submission. Failure to provide information requested in this RFP may, at the discretion of MCPA’s evaluation review team, result in a lower rating for the incomplete sections and may result in the proposal being disqualified for consideration.
Proposal Package Contents
1. File #1, Cover Forms:
  1. The Proposer should complete and submit the “Proposal Cover Page” provided in PART VII - Appendix A of this RFP and provide it with the Proposer’s proposal. It is important that the cover page show the specific information requested, including Proposer address(es) and other details listed. The proposal cover page shall be dated and signed by a person authorized to enter into obligations on behalf of the Proposer.
  2. The Proposer should complete and submit the “Debarment, Performance and Non- Collusion Certification” Form provided in PART VII - Appendix B of this RFP. Failure to provide this certification may result in the disqualification of the Proposer’s proposal, at the discretion of MCPA.
  3. The Proposer should complete and submit the “Public Contracting and Environmental Crimes Certification” provided in PART VII - Appendix F of this RFP.
2. File #2, References: The Proposer should complete and submit the “Qualifications and Experience Form” provided in PART VII - Appendix C of this RFP. The Proposer is to include three examples of projects which demonstrate previous sales for mobile harbor
  cranes.
3. File #3, Proposer’s Proposal:
  1. Section I Organization Qualifications and Experience
    1. Overview of the Organization. A general overview of the Proposer’s organization.
    2. Licensure/Certification. Provide documentation of any applicable licensure/ certification or any specific credentials required to provide the proposed Crane.
    3. Certificate of Insurance. Provide a certificate of insurance on a standard Acord form (or the equivalent) evidencing the Proposer’s general liability, professional liability and any other relevant liability insurance policies that might be associated with building the Crane.
  2. Section II Proposed Services
    1. Crane to be Provided. Discuss the General Specifications referenced above in
      Part II of this RFP and what the Proposer will offer.
    2. Specifications. Provide the technical specifications for the proposed Crane. Provide a statement detailing any deviations from the specifications outlined in the RFP.
    3. Implementation - Work Plan. Provide a realistic work plan from the notice of award through the Date of Delivery. Display the work plan in a timeline chart. Concisely describe each task, the month it will be carried out and the person or position responsible for each task.
4. File #4, Cost Proposal Form: The Proposer should complete and submit the “Cost Proposal Form” provided in PART VII - Appendix D of this RFP. Proposers shall provide three prices: (a) the cost of one mobile harbor crane per the specs of this RFP; (b) the cost of a second mobile harbor crane; and (c) extended warranty fee. Failure to provide the requested information, and to follow the required cost proposal format provided, may result in the exclusion of the proposal from consideration, at the discretion of MCPA.
  1. The Proposer must submit a cost proposal that covers the entire cost of the Crane as specified in this RFP.
  2. The cost proposal shall include the costs necessary for the Proposer to fully comply with the terms and conditions and RFP requirements.
  3. No costs related to the preparation of the proposal for this RFP may be included in the proposal. Only costs to be incurred after the effective date that are specifically related to the implementation of award may be included.
  4. Currency. All bid proposal prices are to be in U.S. Dollars. Invoices will be paid in

U.S. Dollars.

‌Evaluation of the submitted proposals shall be accomplished as follows:

Evaluation Process - General Information
1. An evaluation team, comprised of qualified reviewers, will judge the merits of the proposals received in accordance with the criteria defined in the RFP.
2. Officials responsible for making decisions on the selection of a vendor shall ensure that the selection process accords equal opportunity and appropriate consideration to all who are capable of meeting the specifications. The goals of the evaluation process are to ensure fairness and objectivity in review of the proposals.
3. MCPA reserves the right to communicate and/or schedule interviews/presentations with Proposers if needed to obtain clarification of information contained in the proposals received, and MCPA may revise the scores assigned in the initial evaluation to reflect those communications and/or interviews/presentations. Interviews/presentations are not required, and changes to proposals will not be permitted during any interview/presentation process. Therefore, Proposers should submit proposals that present their rates and other requested information as clearly and completely as possible.
4. Bid Evaluation and Selection: Evaluation will be based on the bid form criteria below.
Evaluation Criteria and Process
1. Scoring Weights: The score will be based on a 100-point scale and will measure the degree to which each proposal meets the following criteria.
  1. Criteria I. Organization Qualifications and Experience (50 points)
  2. Criteria II. Specifications and Cost Proposal (50 points)
2. Negotiations: MCPA reserves the right to negotiate with the successful Proposer to finalize a Purchase Order. Such negotiations may not significantly vary the content, nature, or requirements of the proposal or MCPA’s RFP to an extent that may affect the price of goods or services requested.

Selection and Award

The final approval regarding the award of the Vendor will be made by the Manatee County Port Authority during a board meeting.
Notification of vendor selection or non-selection will be made in writing by MCPA.
Issuance of this RFP in no way constitutes a commitment by MCPA to award a Vendor, to pay costs incurred in the preparation of a response to this request, or to pay costs incurred in procuring supplies, physical space, personnel or any other costs incurred by the Proposer.

MCPA reserves the right to reject any and all proposals.

‌Purchase Order
1. Allocation of funds is final upon successful negotiation and issuance of a purchase order, subject to the review and approval of FDOT.
2. MCPA recognizes that the actual effective date depends upon completion of the RFP process, date of formal award notification, length of negotiation, and preparation and approval by FDOT and MCPA. Any appeals to MCPA’s award decision(s) may further postpone the actual effective date, depending upon the outcome. The effective date listed in this RFP may need to be adjusted, if necessary, to comply with mandated requirements.
Standard Provisions
1. Payments and Other Provisions
  
  MCPA anticipates paying the Vendor on the basis of net 45 payment terms, following delivery and acceptance of the Crane, and the receipt of an accurate and acceptable invoice. If the Proposer requires a partial advance payment or down payment, request must be made to the RFP Coordinator. An invoice will be considered accurate and acceptable if it contains a reference to the Purchase Order number, contains correct pricing information relative to the Proposal, and provides any required supporting documents, as applicable, and any other specific and agreed-upon requirements listed within this RFP.
2. Warranty
  
  For a period of no less than one (1) full year following Crane Delivery and Acceptance (the “Warranty period”), Vendor unconditionally warrants and guarantees that the Crane shall be free from all defects discovered during the Warranty period. The Vendor’s obligation will be to repair or replace the Crane or refund the purchase price. The decision whether to repair, replace, or refund the purchase price (including shipping) will be MCPA’s sole decision. The options are defined as follows:
  1. Replacement will be with a new Crane matching the specifications within this RFP.
  2. Reimbursement will be for the total purchase price of the Crane including the cost of returning the Crane.
  3. All repair costs, including the cost of transporting the Crane, will be borne by the Vendor. All repairs will be warranted free from defects in parts and workmanship for a one-year period following the repair.
    
    The Vendor hereby assigns to MCPA the right to enforce all manufacturer’s warranties or guarantees on the Crane.
    
    The Vendor agrees that the warranty obligations provided by this Agreement shall be reported as an outstanding obligation in the event of bankruptcy, dissolution, or the sale, merger, or cessations of operations of the Vendor.
    In the event of a breach of Vendor’s warranty obligations, MCPA shall notify Vendor in writing of the breach and grant Vendor 30 days to cure the breach. Should Vendor fail to cure the breach, MCPA may pursue whatever remedies may be available.
3. Delivery and Acceptance
  
  Time is of the essence in the delivery of the Crane. The Vendor shall execute the work continuously and diligently. Delivery of the Crane shall occur in accordance with the terms and conditions outlined in the RFP.
  1. Production of the Crane shall be conducted as a continuous production with no breaks or inserts of other orders or types of equipment.
  2. The Vendor will contact MCPA’s Representative 72 hours prior to delivery with an estimated time of arrival.
  3. The Crane furnished under this RFP shall be delivered in first class condition, complete and ready for operation, and the V e n d o r shall assume all costs, responsibilities, and risk of loss related to damage that may have occurred in the delivery of the Crane.
  4. When the Crane is delivered, certificates or releases signed by MCPA Representatives are understood to be a simple acknowledgment of receipt of the Crane only and will NOT constitute an acceptance of the condition of the Crane or their conformance with the terms and conditions of the RFP specifications.
  5. Following delivery and commissioning, M C P A m a y c o n d u c t such tests as may be required to determine to its own satisfaction that the Crane appears to be in conformance with the terms, conditions, and requirements of the Agreement specifications.
  6. Acceptance shall occur following final inspection by an authorized MCPA Representative, receipt of the titles and all requested documentation. The Vendor will be notified, in writing, of acceptance/non-acceptance within fifteen calendar (15) days of delivery to the location specified in this RFP.
4. Claims and Disputes
  
  Any and all protest shall be handled in accordance with the Manatee County Port Authority Procurement Policy, Section 2.02.02(f). A copy of the Policy is posted on the following website:
  
  https://www.seaportmanatee.com/wp- content/uploads/2021/06/052021_Final_Procurement_Policy.pdf
5. General Conditions to This Request for Proposals
  
  To ensure acceptance, all Proposers submitting proposals to the Authority shall be governed by the following conditions, attached specifications, and proposal form(s) unless otherwise specified. Proposals not complying with these conditions will be subject to rejection.
  1. Property Rights
    
    Any proposal received within the prescribed deadline becomes the property of the Authority and all rights to the contents therein become those of the Authority.
  2. Confidentiality
    
    After the deadline to submit proposals has passed, all proposals will be regarded as public records and will be subject to review by the public consistent with Chapter 119, Florida Statutes. Except as expressly provided below, any language purporting to render all of portions of the proposals confidential will be regarded as non-effective and will be disregarded. Pursuant to section 815.045, Florida Statutes, “trade secrets” as defined in section 812.081, Florida Statutes, are confidential and exempt from Florida’s Public Records Law. Additionally, pursuant to section 119.0715, Florida Statutes, “trade secrets" as defined in sections 688.002, Florida Statutes, held by the Authority are confidential and exempt from said Public Records Law. As such, if Proposer considers any portion of its proposal or any other document or information provided to the Authority to be trade secret under sections 688.002 or 812.081, Florida Statutes, or otherwise confidential under Florida law, Proposer must clearly designate each specific portion of said record(s) as “trade secret” or otherwise confidential with statutory citation and explanation at the time of submission to the Authority with an affidavit certifying under oath to the truth of the statements in section 624.4213(1)(c)1. through 4., Florida Statutes, concerning all documents and information that are claimed to be trade secrets. Failure to do so will constitute a disclosure in the public domain and be deemed a waiver of any such claim to confidentiality. Proposer will be responsible for responding to and resolving all requests and claims for access to contract-related or other such materials Proposer has designated trade secret or otherwise confidential. If the Authority receives a public records request for records designated by Proposer as trade secret or otherwise confidential under Florida law, the Proposer will be responsible for taking the appropriate legal action in response to the request. If Proposer fails to take appropriate and timely action to protect the materials designated as trade secret or otherwise confidential, the Authority will provide the materials to the requester. Without limiting any other indemnification provision(s) herein, Proposer will without limitation protect, defend, indemnify, and hold harmless the Authority for all claims, cases, actions, controversies, costs, fines, damages, fees, including but not limited to attorneys’ fees, arising from or relating to Proposer’s designation of materials as trade secret or otherwise confidential.
  3. Amendments to Request for Proposals
    
    The Authority reserves the right to amend this Request for Proposals by addenda before the final proposal submittal dates.
    
    Each Proposer shall examine all Requests for Proposal documents and shall judge all matters relating to the adequacy and accuracy of such documents. Any inquiries, suggestions, or requests concerning interpretation, clarification or additional information
    pertaining to the Request for Proposal shall be made in writing to the Authority. The Authority shall not be responsible for oral interpretations given by any Authority employee, representative, or agent. The issuance of a written addendum by the Authority is the only official method whereby interpretation, clarification or additional information can be given. Addenda shall be posted on the Authority’s website (https://www.seaportmanatee.com/) or www.DemandStar.com.
    
    It shall be the responsibility of each Proposer, prior to submitting their proposal, to contact the Authority to determine if addenda were issued and to acknowledge receipt of same on the Proposal Signature page.
  4. Non-Commitment of the Authority and Proposal Expenses
    
    This Request for Proposals does not commit the Authority to award a contract, to pay any costs incurred in the preparation of a proposal for this request, or to procure or contract any services. All products used or developed in the execution of any contract resulting from this Request for Proposals will remain in the public domain at the completion of the contract.
    
    All expenses for making proposals to the Authority are to be borne by the Proposer. No payment will be made for any responses received, or effort required of, or made by, the Proposer prior to contract commencement.
  5. Code of Ethics and Conflicts of Interest
    
    With respect to this Request for Proposals, if any Proposer violates, directly or indirectly, the ethics provisions of the Florida criminal or civil laws related to public procurement, including, but not limited to, Florida Statutes Chapter 112, Part III, Code of Ethics for Public Officers and Employees, such Proposer will be disqualified from eligibility to perform the work described in this Request for Proposal, and may also be disqualified from furnishing future goods or services to the Authority, and from submitting any future bids or proposals to supply goods or services to the Authority.
    
    By submitting a proposal, the Proposer represents to the Authority that it presently has no interest and shall not acquire any interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided for in Florida Statutes Chapter 112, Part III, Code of Ethics for Public Officers and Employees. The Proposer further represents that no person having any interest shall be employed for said performance.
    
    By submitting a proposal, the Proposer represents to the Authority that all statements made, and materials submitted are truthful, with no relevant facts withheld. If a Proposer is determined to have been untruthful in its proposal or any related presentation, such Proposer will be disqualified from eligibility to perform the work described in this Request for Proposals and may also be disqualified from furnishing future goods or services to the Authority, and from submitting any future bids or proposals to supply goods or services to the Authority.
  6. Collusion
    
    By offering a submission to this Request for Proposals the Proposer certifies the Proposer has not divulged to, discussed or compared his proposal with other Proposers and has not
    colluded with any other Proposer or parties to this proposal whatsoever. Also, the Proposer certifies, and in the case of a joint proposal, each party thereto certifies, as to its own organization that in connection with this proposal:
    1. all prices and/or data submitted have been arrived at independently, without consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices and/or cost data, with any other Proposer or with any competitor;
    2. all prices and/or cost data quoted for this proposal have not been knowingly disclosed by the Proposer prior to the scheduled opening directly or indirectly to any competitor;
    3. no attempt has been made or will be made by the Proposer to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition;
    4. the only person or persons interested in this proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this proposal or in the contract to be entered into; and
    5. no person or agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees.
  7. Public Entity Crimes
    
    In accordance with Section 287.133, Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases or real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for Category Two for a period of 36 months from the date of being placed on the convicted vendor list.
    
    To ensure compliance with the foregoing, Proposers desiring to contract with the Authority are required to execute and file with the Authority an affidavit, executed under the pain and penalties of perjury, confirming that person, entity, and any person(s) affiliated with the entity, does not have such a record and is therefore eligible to seek and be awarded business with the Authority. The Proposer should complete and submit the “Public Contracting and Environmental Crimes Certification” provided in PART VII - Appendix F of this RFP.
  8. Scrutinized Companies
    
    Pursuant to section 287.135, Florida Statutes, Proposer certifies, represents, and warrants that: (a) it is not on the Scrutinized Companies with Activities in Sudan List, (b) it is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, (c) it is not on the Scrutinized Companies with Activities in Iran Terrorism Sectors List, (d) that it
    does not have Business operations or is engaged in business in Cuba or Syria, and (e) that it is not engaged or engaging in a Boycott of Israel, and that all such certifications were true at the time it submitted its bid or proposal. Notwithstanding anything contained in this RFP to the contrary, the Authority may terminate any awarded contract immediately for cause if:
    (1) Proposer is found to have submitted a false certification regarding (a) – (e) above in accordance with section 287.135(5), Florida Statutes, (2) Proposer is found to have been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or is or has been engaged in Business operations in Cuba or Syria or a Boycott of Israel, or (3) Proposer is found to have been placed on a list created pursuant to section 215.473, Florida Statutes, relating to scrutinized active business operations in Iran. Such termination shall be in addition to any and all remedies available to the Authority at law or in equity. The terms “Boycott of Israel” and “Business operations” used in this section are defined as in Section 287.135, Florida Statutes. The Lists referred to in this section are those Lists in and maintained pursuant to section 287.135, Florida Statutes.
  9. Foreign Countries of Concern
    Pursuant to section 286.101, Florida Statutes, Proposer shall disclose any current or prior interest of, any contract with, or any grant or gift received from a Foreign Country of Concern, as defined below, if such interest, contract, or grant or gift has a value of $50,000 or more and such interest existed at any time or such contract or grant or gift was received or in force at any time during the previous five (5) years.
    
    For purposes of this section, “Foreign Country of Concern” means the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, or the Syrian Arab Republic, including any agency of or any other entity under significant control of such foreign country of concern.
    
    Proposer’s disclosure shall include the name and mailing address of the disclosing entity, the amount of the contract or grant or gift or the value of the interest disclosed, the applicable foreign country of concern and, if applicable, the date of termination of the contract or interest, the date of receipt of the grant or gift, and the name of the agent or controlled entity that is the source or interest holder. Proposer represents that within one
    (1) year before proposing any contract to the Authority, Proposer provided a copy of such disclosure to the Florida Department of Financial Services.
  10. Identification Documents
    
    Proposer agrees that it does not and will not, nor will it allow a subcontractor to, use any funds from the Authority for the purpose of issuing an identification card or document to any individual who does not provide proof of lawful presence in the United States.
  11. E-Verify
    
    The Proposer shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Proposer during the term of the contract. Proposer shall expressly require any subcontractors performing work or providing services pursuant to the contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new
    employees hired by the subcontractor during the contract term.
  12. Lobbying
    
    After the issuance of any Request for Proposal, prospective Proposers, or any agent, representative or person acting at the request of such Proposer shall not contact, communicate with, or discuss any matter relating in any way to the Request for Proposal with any officer, agent, or employee of the Authority other than the person named on page one of this document or as directed in the Request for Proposal. This prohibition includes the act of carbon copying officers, agents or employees of the Authority on email correspondence. This requirement begins with the issuance of a Request for Proposal and ends upon execution of the final Agreement or when the Request for Proposal has been cancelled.
  13. Equal Employment Opportunity
    
    In accordance with the provisions of Title VI of the Civil Rights Act of 1964 and Title 15, Part 8 of the Code of Federal Regulations, the Authority hereby notifies all prospective Proposers that they will affirmatively ensure minority business enterprises will be afforded full opportunity to participate in response to this advertisement and will not be discriminated against on the grounds of race, color or national origin in consideration for an award of contract.
  14. Americans with Disabilities Act
    
    The Authority does not discriminate upon the basis of any individual’s disability status. Anyone requiring reasonable accommodation for the public meetings specified herein (i.e. Information Conference or Proposal Opening), should contact the person named on page one of this document at least twenty-four (24) hours in advance of the activity to request accommodations.
  15. Withdrawal of Proposal
    
    A proposal may be withdrawn prior to the deadline for proposal submission as identified on page one of this document, based on a written request from an authorized representative of the firm; however, a proposal may not be withdrawn after the deadline for submission of the proposal.
  16. Proposals from Related Parties/Multiple Proposals Received from One Proposer
    
    Where two (2) or more related parties each submit a proposal or multiple proposals are received from one Proposer, such proposals shall be deemed non-responsive. Related parties mean Proposers or the principals thereof, which have a direct or indirect ownership interest in another Proposer for the same contract or in a parent company or the principals thereof of one Proposer have a direct or indirect ownership interest in another bidder or Proposer for the same contract.
  17. Add/Delete Services
    
    The Authority reserves the right to unilaterally add or delete services, either collectively or individually, at the Authority’s sole discretion, at any time after award has been made as
    may be deemed necessary or in the best interest of the Authority. In such case, the Proposer will be required to provide services to this contract in accordance with the terms, condition, and specifications.
    
    The Authority reserves the right to request additional services relating to the Agreement from the Proposer. When approved by the Authority as an amendment to the contract and authorized in writing, the Proposer shall provide such additional requirements as may become necessary.
  18. Bid Protest
    
    Any and all protest shall be handled in accordance with the Manatee County Port Authority Procurement Policy, Section 2.02.02(f).
  19. Nondiscrimination
    
    The Agreement awarded as a result of this Request for Proposals will be awarded without discrimination based on race, color, religion, age, sex, sexual preference, or national origin, in full compliance with the applicable state and federal law. In accordance with section 287.134, F.S., Proposers certify that they have not been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services.
  20. Proposer Selection and Agreement Negotiations
    
    A Proposer must be authorized to transact business in the State of Florida. This selection process and any resulting agreement shall be in accordance with all applicable laws and regulations of the State of Florida and ordinances and regulations of Manatee County and Manatee County Port Authority Policies. Proposers shall comply with local, state, and federal directives, orders, regulations, and laws as applicable to this proposal and subsequent contract, including but not limited to Equal Employment Opportunity (EEO), Minority Business Enterprise (MBE), and OSFIA.
    
    The selection of a Proposer shall be made by the Authority in accordance with the selection criteria contained above and in accordance with the schedule detailed above. Any ties will be resolved in accordance with the Manatee County Port Authority Procurement Policy, Section 2.02.02(e).
  21. Proposer Selection and Preference

Pursuant to section 287.05701, Florida Statutes, as may be amended, the Authority may not request documentation of or consider any of Proposer’s social, political, or ideological interests when determining if Proposer is a responsible Proposer, nor may the Authority give preference to any Proposer based on Proposer’s social, political, or ideological beliefs.

‌PART VII LIST OF RFP APPENDICES AND RELATED DOCUMENTS

Appendix A – Proposal Cover Page
Appendix B – Debarment, Performance and Non-Collusion Certification
Appendix C – Qualifications and Experience Form
Appendix D – Cost Proposal Form
Appendix E – Submitted Questions Form
Appendix F – Public Contracting and Environmental Crimes Certification
Appendix G – Drug-Free Workplace Certificate (Optional)

APPENDIX A

Manatee County Port Authority PROPOSAL COVER PAGE RFP# 20231128

Mobile Harbor Crane(s)

Proposer’s Organization Name:
Chief Executive - Name/Title:
Tel:		E-mail:
Headquarters Street Address:
Headquarters City/State/Zip:
(Provide information requested below if different from above)
Lead Point of Contact for Proposal - Name/Title:
Tel:		E-mail:
Headquarters Street Address:
Headquarters City/State/Zip:

This proposal and the pricing structure contained herein will remain firm for a period of 180 days from the date and time of the bid opening.
No personnel currently employed by MCPA or any other State agency participated, either directly or indirectly, in any activities relating to the preparation of the Proposer’s proposal.
No attempt has been made, or will be made, by the Proposer to induce any other person or firm to submit or not to submit a proposal.
The above-named organization is the legal entity entering into the resulting Purchase Order with MCPA should they be the successful Proposer.
The undersigned, having read and understood the Bidding Documents and examined the Project site and adjoining areas, and being familiar with the obstacles and conditions that will affect proposed Work, hereby offers and agrees to furnish all labor, products, and services needed to provide Work in accordance with the Bidding Documents.
The undersigned is authorized to enter obligations on behalf of the above-named organization.

To the best of my knowledge, all information provided in the enclosed proposal, both programmatic and financial, is complete and accurate at the time of submission.

Name (Print):	Title:
Authorized Signature:	Date:

DEBARMENT, PERFORMANCE and NON-COLLUSION CERTIFICATION RFP# 20231128

Mobile Harbor Crane

Proposer’s Organization Name:

By signing this document, I certify to the best of my knowledge and belief that the aforementioned organization, its principals and any subcontractors named in this proposal:

Are not presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from bidding or working on RFP’s issued by any governmental agency.
Have not within three years of submitting the proposal for this Proposal been convicted of or had a civil judgment rendered against them for:
1. Fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state or local government transaction or contract.
2. Violating Federal or State antitrust statutes or committing embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and
4. Have not within a three (3) year period preceding this proposal had one or more federal, state or local government transactions terminated for cause or default.
Have not entered into a prior understanding, agreement, or connection with any corporation, firm, or person submitting a response for the same materials, supplies, equipment, or services and this proposal is in all respects fair and without collusion or fraud. The above-mentioned entities understand and agree that collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards.

Failure to provide this certification may result in the disqualification of the Proposer’s proposal, at MCPA’s discretion.

Name (Print):	Title:
Authorized Signature:	Date:

QUALIFICATIONS AND EXPERIENCE FORM RFP# 20231128

Mobile Harbor Crane(s)

Proposer’s Organization Name:

Provide a description of at least three (3) similar projects that occurred within the past five years which reflect experience and expertise needed in performing the functions described in the “General Specifications” portion of this RFP. For each of the project examples provided, a contact person from the client organization involved should be listed, along with that person’s telephone number and email address.

Project One
Client Name:
Client Contact Person:
Telephone:
E-Mail:
Brief Description of Project

Project Two
Client Name:
Client Contact Person:
Telephone:
E-Mail:
Brief Description of Project

Project Three
Client Name:
Client Contact Person:
Telephone:
E-Mail:
Brief Description of Project

COST PROPOSAL FORM RFP# 20231128

Mobile Harbor Crane(s)

Proposer’s Organization Name:

Provide three prices:

One price for one fully assembled crane assembled and delivered per RFP. The “Total Price of Crane” shall be the sum of the base price, shipping cost, fully erected, with all the specifications as listed in the RFP.
One price for the option of a second crane ordered within three (3) months of the first crane with the same specs as the first crane. Both cranes, Crane 1 and Crane 2, will be shipped in one lot.
The cost of extending the initial warranty period by an additional 12 full months.

a) Price of Crane #1

$0.00

b) Price of Crane #2

$0.00

c) Extended Warranty

$0.00

SUBMITTED QUESTIONS FORM RFP# 20231128

Mobile Harbor Crane

Organization Name:

RFP Section & Page Number	Question

* If a question is not related to any section of the RFP, state “N/A” under “RFP Section & Page Number”.

** Add additional rows, if necessary.

PUBLIC CONTRACTING AND ENVIRONMENTAL CRIMES CERTIFICATION

SWORN STATEMENT

THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.

This sworn statement is submitted to the Manatee County Port Authority (the Port) by

[print individual's name and title] for [name of entity submitting sworn statement] whose business address is:

and (if applicable) its Federal Employer Identification Number (FEIN) is . If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement:

I understand that no person or entity shall be awarded or receive a Port contract for public improvements, procurement of goods or services (including professional services) or a Port lease, franchise, concession or management agreement, or shall receive a grant of Port monies unless such person or entity has submitted a written certification to the Authority that it has not:

been convicted of bribery or attempting to bribe a public officer or employee of the Port, the State of Florida, or any other public entity, including, but not limited to the Government of the United States, any state, or any local government authority in the United States, in that officer's or employee's official capacity; or
been convicted of an agreement or collusion among bidders or prospective bidders in restraint of freedom of competition, by agreement to bid a fixed price, or otherwise; or
been convicted of a violation of an environmental law that, in the sole opinion of the Port, reflects negatively upon the ability of the person or entity to conduct business in a responsible manner; or
made an admission of guilt of such conduct described in items (1), (2) or (3) above, which is a matter of record, but has not been prosecuted for such conduct, or has made an admission of guilt of such conduct, which is a matter of record, pursuant to formal prosecution. An admission of guilt shall be construed to include a plea of nolo contendere; or
where an officer, official, agent or employee of a business entity has been convicted of or has admitted guilt to any of the crimes set forth above on behalf of such and entity and pursuant to the direction or authorization of an official thereof (including the person committing the offense, if he is an official of the business entity), the business shall be chargeable with the conduct herein above set forth. A business entity shall be chargeable with the conduct of an affiliated entity, whether wholly owned, partially owned, or one which has common ownership or a common Board of Directors.

For purposes of this Form, business entities are affiliated if, directly or indirectly, one business entity controls or has the power to control another business entity, or if an

individual or group of individuals controls or has the power to control both entities. Indicia of control shall include, without limitation, interlocking management or ownership, identity of interests amount family members, shared organization of a business entity following the ineligibility of a business entity under this Article, or using substantially the same management, ownership or principles as the ineligible entity.

Any person or entity who claims that this Article is inapplicable to him/her/it because a conviction or judgment has been reversed by a court of competent jurisdiction, shall prove the same with documentation satisfactory to the Port. Upon presentation of such satisfactory proof, the person or entity shall be allowed to contract with the Port.

I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE PORT IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT ANY CONTRACT OR BUSINESS TRANSACTION SHALL PROVIDE FOR SUSPENSION OF PAYMENTS, OR TERMINATION, OR BOTH, IF THE PORT DETERMINES THAT SUCH PERSON OR ENTITY HAS MADE FALSE CERTIFICATION.

[Signature]

STATE OF FLORIDA

COUNTY OF

Sworn to and subscribed before me this day of , 202 by

Personally known to me OR produced identification . [Type of identification]

My commission expires: Notary Public Signature:

[Print, type or stamp Commissioned name of Notary Public]

Signatory Requirement - In the case of a business entity other than a partnership or a corporation, this affidavit shall be executed by an authorized agent of the entity. In the case of a partnership, this affidavit shall be executed by the general partner(s). In the case of a corporation, this affidavit shall be executed by the corporate president.

DRUG-FREE WORKPLACE CERTIFICATE (OPTIONAL)

Pursuant to Section 287.087, Florida Statutes, preference shall be given to businesses with Drug-Free Work Place Programs. Whenever two or more bids which are equal with respect to price, quality, and service are received for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a Drug-Free Work Place Program shall be given preference in the award process. Established procedures for processing tie bids will be followed in the event that none of the tied bidders have a Drug-Free Work Place Program. In order to have a Drug-Free Work Place Program, a business shall:

Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the work place and specifying the actions that will be taken against employees for violations of such prohibition.
Inform employees about the dangers of drug abuse in the work place, the company’s policy of maintaining a Drug-Free Work Place, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.
Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1).
In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 of the Florida Statutes, or of any controlled substance law of the United States or any state, for a violation occurring in the work place no later than five (5) days after such conviction or plea.
Impose a sanction on, or require the satisfactory participation in, a drug abuse assistance or rehabilitation program if such is available in the employee’s community, by any employee who is so convicted or who has pled.
Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

AS THE PERSON AUTHORIZED TO SIGN THE STATEMENT, I CERTIFY THAT THIS FIRM COMPLIES FULLY WITH THE ABOVE REQUIREMENTS.

Signature Printed Name

‌SeaPort Manatee Logo shown Reflex Blue R49 G74 B127; #314A7F

SeaPort Manatee Logo shown in White R255 G255 B127; #FFFFFF

‌

GRANT AGREEMENT

-l.OPRHT

11G4;G7122

•"Exhibit H: Audit Requirements for Awards of Federal Financial Assistance

*Exhibit t Certification of Disbursement of Payment to Vehicle and/or !::quipment Vendor "Additional Exhibit(s):

*Indicates that the Exhibit is only attached and incorporated if appllcable box is selected.

Time. Unless specified otherwise, all references to "days• within this Agreement refer to calendar days.
Term of Agraement. This Agreement shaU commence upon full execution by both Parties ("Effective Date") and continue through April 30. 2027. If the Agency does not complete the Project within 1his lime period, this Agreement Will expire unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. EJlpiration of this Agreement will be considered termination of the Project. The cost of any work performed prior to the Effective Date or after the expiration date of this.Agreement will not be reimbursed by the Department
a; _ If this box Is checked the following provision applies:

Unless terminated ear1let, work on the Project shall commence no later than !he _ day of_. or WIU'lln _ days of the jssuaoce of the Notice to Pcoceed for ttie cor,structjon phai;e of the Project (If the Project Involves construction), whichever date Is ear1Ier. The Department shall have the option to immediately terminate this Agreement should the Agency fail to meet the above-requited dates.
Amendments, Extensions, and Assignment. This Agreement may be amended or extended upoo mutual writtel'! agreement of the Parties, This Agreement shall not be renewed. This Agreement shall not be assigned, transferred, or otherwise encumbered by the Agency under any circumstances without the prior written consent of the Department.

Termination or Suspension of Project. The Department may, by written notice to the Agency, suspend any or all of the Department's obligations under this Agreement for the Agency's failure to comply with applicable Jaw or the terms of this Agreement until such time as the event or condition resulting In such suspension has ceased or been corrected.
1. Notwithstanding any other provision of this Agreemen if the Department intends to terminate the Agreement, the Department shall notify the Agency of such tennlnation in writing at least thirty (30) daya prior to the termination of the Agreement, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be tem1inated.
2. The Parties to this Agreement may terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions.
3. If the Agreement i$ terminated before perform.ince is c;:Qmpleled, the Agency shall be pc1id only for that work satisfactorily performed for whlch cost,s can be substantiated. Such payment, however, may not ext:eed the equivalent percentage of the Department's maximum financial assistance. II any portion of the Project is located on the Department's right-of-way, then all work in progress on the Department right-of-way will become the property of the Department and will be turned over prompUy by the Agency.
4. In the event the Agency fails to perform or honor the requirements -and provisions of this Agreement, the Agency shall prQmptly refund in full to the Depc1rtment within thirty (30) dc1ys of the termination of the Agreement any funds that were determined by the Department lo have been expended In vf.olation of the Agreement.
  •· The Departmen,treserves the r1ght to i.Jnllaterally cancel this Agreement for failure by the Agency to comply with fhe Public Records provisions of Chapter 119, FIOrida Statutes.
  
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  GRANT AGREEMENT
  Dellf.LOPlll!HT
  G7122
Pn:tJect Coit:
1. The estimated total cost of the Project is $5,000,000. This amount is based upon Exhibit •e•. Schedule of Financial Assistance. The limeline for deliverables and distribution of estimated am91,1nw between deliverables within a grant phase,.is oultlned In Exhibit "B", Schedule of Financial Assistance, may be modified by mutual written agreement of the Parties and does not require execution of an Amendment to the Public Transportation Grant Agrwamant. The tlmellne. for dellverables and distribution of esUmated amounts between grant phases requ1res an amendment executed by both Parties in the same form as this Agreement.
2. The Department agrees to participate in the Project cost up lo the maximum amount of

$2,500.000 and, the Department's participation in the Project shall not exceed..§Q.00% of the toto:11 eligible cost of the Project,_ and as more fully described in Exhibit "B", Sc chrle of Financial Asalstance. The Agency agrees to beat all expenses In excess of the amount of the Department's participation and any cost overruns or deficits involved.

Compensation and Payment:
1. Ellglbla Cost The Department shall reimburse the Agency for allowable costs Incurred as described in Exhibit "A", Project Description and RnponalbllHies. &IJd as sel forth in Exhibit "B", Schedule of Flnanclal Assistance.
2. Dellverablu. The Agency shall provide quantifiable, measurable, and verifiable units of dellverables. Each deliverable must specify the required minimum level of service to be performed and the crtterta for evaluatlng successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully In Exhibit "An, ProJact Description and Reaponslbllltlaa. Modiflcallons to the dellvera.bles in Exhibit "A", ProJe.ct Ducrlptlon and Rnponslbllltlas requires a formal wrttten amendment.
3. Invoicing. Invoices shall be submitted no more often than monthly by the Agency ia detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable, and verifiable deliverables as established in Exhibit "A'', Project Dascrtptlon and Respon1ibllitles. Deliverables and costs incurred must be received and approved by the Department prior to reimbursement Requ891.9 fer reimbursement by the Agency shall indude an invoice, progress report. and supporting documentation for the deliverables being billed that are acceptable lo the Department. The Agency shall use the fonnal for the invoice and progress report that is approved by the Department.
4. Supporting Documentation. Supporting documentation must establish that the deliverables were received and accepted in writing by the Agency and must also esiabllsh that the required minimum standards Qr level of service lo be pi;Jrformed b.is1;1d on the criteria for 1;1valuating successful completion as specified in Exhibit "A", Project Description and Rnponsibilities has been met. All costs invoiced shall be supported by properly executed payrolls, 'time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit ''F", Contract Payment Requirements.
  •· Travel Exp.ns..-. The selected provision below Is controlling regarding travel expenses: Travel expen!;lei:; are NOT eligible for reimbursement under this Agreement.
  Travel expenses ARE ellglble for reimbursement under this Agreement. Bills for travel expenses specifically authorized In this Agreement shall be submitted on the Department's ContractorTravel Form No. 300-00 and WIii be paid In accordance with Section 112.061,
  
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  ITATE OF FLORIDA IJEPARTIIIENT OF TMH$POATATION
  PUBLIC TRANSPORTATION GRANT AGREEMENT
  FOffl\ 721-000-0I
  STRATEGIC
  DeVf.LOPlll!HT
  IIIKG7122
  Florida Statutes, and the most current version of the Department's Disbursement Handbook for Employees and Managers.
  1. Flna.ncial Consequences. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer cf the State of Florida under Chapters 215 and 216, Florida statutes, or the Department's Comptroller under Section 334.044(29), Florida Statutes. If the Department determines that the perfonnance of the Agency Is unsatisfactory, the Department shall notify the Agency of the deficiency to be corrected, which correction shall be made within a time• frame to be specified by the Department. The Agency shall, within thirty (30) days after notice from the Department, provide the Department with a correctiVe action plan describing ,how the Agency will address all issues of contract non-performance, unacceptable performance, failure to meet Iha minimum performance levels, deliverable deficiencies, or contract non compliance. If the corrective clction plan is unacceptable to the Department, the Agency will not be reimbursed. If the deficiency is subsequently resolved, the Agency may bill the
    Department for the amount that was previously not reimbursed during the next billing period. if
    the Agency is unable to resolve the deficiency, ·the funds shall be forfeited at the end of the Agreement's term.
  2. Invoice Procuslng. An Agency receiving flnanclal assistance from the Department should be aware of the following time frames. Inspection or verification and approval of deliverables shall take no longer than 20 days from the Department's receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the Invoice Is received or the deliverables are received, Inspected or verified, and approved.
    •If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant •lo Section 55.03(1), Florida Statutes, will be due and payable, In addition to the Invoice amount, to the Agency. Interest penalties of less than one (1) dollar wlll not be enforced unless tha Agency requests payment. lhvolces that have to be r&tumed to an Agency
    because of Agency preparation errors will result in a delay in the payment. The invoice payment ,requirements do not start until a properly completed invoice is provided to the Department
    
    A Vendor Ombudsman has been established within the Department of Financial Services. The duties of thja individual include acting as an advocate for Agency who may be experiencing problems ,fn obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at {850) 413-5516.
  3. Records Retention. The Agency shall maintain an accounting system or separate accounts toensure funds and projects are tracked separately. Records of costs incurred under the lenns of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agr1;1ement and fer fivl;) y1;1al'$ aft1;1r fin.al payment is made, Copies of these records shall be rumished to lhe Department upon request ,Records of costs incurred include the Agency's general accounting records and the Project records, together with supporting documents and records, of the Contractor and all subcontractors perfonning work on the Project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs.
  1. Progress Reports. Upon request, the Agency agrees to provide progress reports to the Department in the standard format used by the Department and at inteiv.i. established by the Department The Department will be entlUed at all times to be advised, at Its request, as lo the status of the Project and of details thereof.
  2. Submission of Other Documents. The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department
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  l'f AYE OF F\.()1111).t. IIEPARTIIIEflTOF 'IMH$POATATION
  PUBLIC TRANSPORTATION GRANT AGREEMENT
  FOffll I
  BTIIATEGIC
  DeVf.LOPlleHT
  G7122
  may require as listed In Exhibit "E", Program.Specific Terms and Conditions attacfied to and incorporated into this Agreement
  1. Offsets for Claims. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may Qffset such amo1,1nt from payment,; due for work or services done under any agreement that it has wijh the Agency owing such amount if, upon written demand, payment of the amount Is not made within 60 days to the Department Offsetting any amount pursuant to thls paragraph shall not be considered a breach of contract by the Department
    1. Final Invoice. The Agency must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submltted after the 120-day time period may not be paid.
  1. Department's Performance and Paymeht Contingent Upon Annual Appropriation by the Legislature. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Departmenfs funding for this Project Is In multiple fiscal years, a notice of avallablllty of funds from the Department's project manager must be received prior to costs l)efr,g Incurr by U,e Agem;y. see ethlblt "B", Schedule of Financial Assistance for funding levels by fiscal year. Project costs utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in wntlng, when funds are avallable.
  2. Limits on Contracts cNdlng $25,000 and Term more than 1 Year. In the event this Agreement Is In excess of $25,000 and has a term for a period of more lhan one year, the provisions of Section 339.135(6Xa), Florida Statutes, are hereby incorporated:
    
    "The Department, during any fiscal year, shall not expend money, Incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as avalable for expenditure during such fiscal year. Any contract, verbal or written, made in violation of lhls subsection is null and void, and no money may be paid on such contract The Dt,partment shall req,uire a slatement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding.commitment Of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so
    made shall be executorY only for the value of the services lo be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be iocorporated verbatim In all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year.
  3. Agency Obligation to Refund Department Any Project funds made available by the Department pursuant to this Agreement that are determined by the Department to have be.en expended by the Agency in violation of this Agreement or any other applicable law or regulation shall be promptly refunded in full to the Department Acceptance by the Department of any documentation or certifications,mandatory or otherwise pennitted, that the Agency files shall not constitute a waiver of the Department's rights as the funding agency to verify all information at a later·date by audit or investigation.
  4. Non-Ellglble Coat&. In determining the amount of the payment, the Department will exclude
  ·all Project costs Incurred by the Agency prior to theexecution of this Agreement. costs Incurred
  ·after the expiration of the Agreement, costs that are not provided for In Exhibit "A", Project Description and RasponslblllUes, and as set forth 1n Exhibit "B", Schedule of Financial Assistance. costs agf'88d to be bome by the Agency or its contractors and subcontractors fot
  
  Pa9e5 of24
  
  aTATE OF f'l.ORll),t, IJEPARTIIIENT OF TMH$POATATION
  PUBLIC TRANSPORTATION GRANT AGREEMENT
  FOffl\ 721-iHJO.Ot
  STRATEGIC
  De\lf.LOl'lleHT
  IIIKG7122
  not meeting the Project commencement and final Invoice time lines, and costs attributable lo goods or services receiVed under a contract or other arrangement that has not been approved Tn writing by the Cepartmenl Specific unallowable costs may be listed in Exhibit'' A", Project Description and Reaponslbillties.
General Requirements. The Agency !ilhall complete the Project with .i.11 practic.il dispatch In a sound, economical, and efficient manner, and in accordance with the provisiQns in this Agreement and all applicable laws.
1. Neceaaary Permits Certification.. The Agency shall certify to the Department that the Agency's design consultant and/or construction contractor has secured the neoessary permits.
2. Right-of-Way Certification. If the Project involves construction, then the Agency shall provide to the Oepc1rtment certification and a copy of appropriate documentation substantiating that all required right-of-way necessary for the Project has been obtained. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, even if no right-of-way is required.
3. NoUflcatlon RequJremel\lS When Performing Conatructlc;,r, on Departmeot'• Rtgt,t-of Way. In the event thecost of the Project Is greater than $250,000.00, and the Project Involves construction on the Department's right-of-way. the Agency shall provide the Department with written notification of either its intent to:
  1. Require the construction work of the Project that Is on the Department's right ot--way to be performed by a Department prequalifled contractor, or
  2. Construct the Project utilizing existing Agency employees, lfil"Je Agency can complete said Project within the time frame set forth In this Agreement.
4. _ If this box is cheeked, then the Agency Is permitted to utilize its own forces and the following provision applies: Use of Agency Workforce. In the event the Agency proceeds with any phase of the Project utilizing.its own forces, the Agency will only be reimbursed for direct costs (this excludes general overhead).
  •· _ If this box is checked, then the Agency is permitted to utllize Indirect Cosls: Reimbursement for Indirect Program E.xpen•es {select one):
  1. _ Agency·has selected to seek reimbursement from the Department for actual indirect expenses (no rate).
Ii. _ Agency has selected to apply a de minimus rate of 10% to modified total direct costs. Note: The de minimus rate is available only to entities that have never had a
™'QO ed indirect cost r.;ite. When se ed. the de minimU!il rate must be vsed consistently for all fe<leral awards until such time the agency chooses to negotiate a rate. A cost policy statement and de minimis certification form must be submitted to the Department for review and approval.
Ill. _ Agency has selected to apply a state or federally approved Indirect cost rate. A federally approved rate agreement or Indirect cost allocation plan (ICAP) must be submitted annually.
1. Agency Compliance with Laws, Rules, and Regulations, Guidelines, and Standards. The Agency shal.l comply and require Its contractors and subcontractors.to comply with all terms and oondltlons of this Agreement and all federal, state, and toe-al laws and regulations applicable to this Project
  
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  GRANT AGREEMENT
  -LOPRHT
  IIGCG7122
2. Clalms and Requests for Addlt.lonal Work. The Agency shall have the sole responsibility for resolVing claims and requests for additional work for the Project. The Agency will make best efforts to obtain the Department's input in its decisions. The Department is not obligated to reimburse for claims or requests for additional work.
Contracts of the Agency:
1. Approval of Third Party Contracts. The Department specifically reserves the right to review and approve any and all third party contracts wHh respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of Department funds, including consultant and purchase of commodities contracts, or amendments thereto. If the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the Departmenl The Department specifically reserves unto itself the right to n,vlew the quellfications of any consultant or contractor and to approve or disapprove the employment of the same. If Federal Transit Administration (FTA) funds are used in the Project, the Department must exercise the right to third party contract review.
  t:,, Procurement of CornmQCIIUu or Cootractuel servicu. It Is uriderstood and agreed by the Parties hereto that participation by the Department In a project with the Agency, where said project involves the purchase of commodities or contractual services where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Section 287.017, Florida Statutes, is contingent on tt,e Agency complying In full with the provisions of Section 287.057. ' Florida Statutes. The Agency's Authorized Offlclal shall certify to the Department that the Agency's purchase of oommoditles or contractual services has been accomplished in oompllance with Section 287.057, Florida Statutes. It shall be the sole responslblllty of the Agency to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other agreement that would result In exceeding the current budget contained in Exhibit NB", Schedule of Financial Assistance, or that is not consistent with the Project description and scope of services contained in Exhibit "A", Projec;t Description a.nd Responslbllltles must be approved by the Department prior to Agency execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department, in accordance with this Agreement.
  1. Con•ultanb' Competitive Negotiation Act. It is underStood and agreed by the P.artjes to this Agreement that participation by the Department in a project with the Agency, where said project Involves a consultant contract for professional services, Is contingent on the Agency's full compliance with provisions of Section 287.055, Florida StaMes, Consultants' Competitive Negotlation Act. In all cases, the Agency's Authorized Official shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act.
  d. Disadvantaged Business Enterprise (DBE) Polley and Obligation. It is the policy of the Department that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in 1he perfonnance of contracts financed in whole or in 1part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement The Agency and its contractors agree to ensure that D8Es have the opportunity to participate ln the performance of this Agreement In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordanet,1 with applicable federal and state laws and vlalions to ensure that the DBEs have the opportunity to compete for and perform contracts. The Agency and Its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex In theaward and perfomumoe of oontracts, entered pursuant to this Agreement.
  
  Pa9e 7 of24
  GRANT AGREEMENT
  De'lf.LOPlll!HT
  IIGCG7122
Maintenance Obllgatlons. In the event the Project includes constructton or the acquisition of commodities then the follawing provisions are Incorporated into this Agreement:
a. The Agency agrees lo accept all future maintenance and other attendant costs occurring after completion of the Project for all improvements constructed or commodities acquired as part of the Project, The tel'l11$ of this provision shall survive th1;1 rmination of lhi$' Agreem1;tnt.
Sala, Tranllfar, ar Disposal af Dapartmant-fund■d Property:
1. The Agency will not sell or otherwise transfer or dispose of any part of its title or other interests in real property, facilfties, or equipment funded In any part by the Department under this Agreement without prior Written approval by the Department.
2. If a sale, transfer, or disposal by the Agency of all or a portion of Department-funded rec1I property, facilities, or equipment Is approved by the Department, the following provisions will apply:
  1. The Agency shall reimburse the Department a proportional amount of the proceeds ofthe $8.le or any Departmel'lt-f\lnded property.
    ii. The proportional amount shall be determined on the basis of the ratio of the Department funding of the development or acquisition of the property multiplied against the sale amount, and shall be remitted to the Department Within ninety (90) days of dosing of sale.
    Iii. Sale of property developed or acquired with Department funds shall be at market value as determined by appraisal or public bidding process, and the contract and process tor sale must be approved In advance by the Department
    1. If any portion of the proceeds from the sale to the Agency are non-cash considerations, reimbursement to the Department shall include a proportional amount bas.ad on the value of .lbe non-cash consideration::i.
      c, The terms of provisions •a• and 'b" above shall survive the termination of this AgreemenL
      1. The terms shall remain in full fOrce and effect throughout lhe useful life of facilities developed, equipment acquired, or Project items installed within a facility, but shall not exceed twenty (20) years from the effective date of this Agreement.
        II, There shall be no limit on the duration of the terms with respect to real property acquired with Department funds.
Single Audit. The admini$tration of Feder,;il or $1ate l'e$0Urces awarded·thl'Ough the Department to the Agency by this Agreement may be subject to audits and/or monitoring by the Depa(lment. The following requirements do not limit the authority of the Department to conduct or arrange fur the conduct of additional audits or evaluations of Federal awards or State financial assistance or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state official. The Agency shall comply with c1II audit and audit reporting requirements as spec1fied below.

Federal Funded:

In addition to reviews of audits conducted In accordance with 2 CFR Part 200, Subpart F - Audit Requirements, monitoring procedures may Include but not be llmlted to on--slte visits by Department staff and/or other procedures, lndudlng reviewing any required performance and flnanclal reports, following,up, ensuring corrective action. and Issuing.management decisions on weaknesses found through audits when those findings pertain to Federal awards provided

Page B of24
DocuSlgn Envelope ID: 97319BBE-,8992-43F0-94A8--34003AF26688

.-rATE OF Fl.ORIDA IIEPAlfflllENTOF '11Wj$P(IRTATION PUBLIC TRANSPORTATION GRANT AGREEMENT
FOffl\ 721-000-0t
BTIIATEGIC
-LOPlll!HT
11GCG7122
through the Department by this Agreement. By entering Into this Agreement. the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO), or State of Florida Auditor General.
The Agency, a non-.Federal entfy as defined by 2 CFR Part 200, Subpart F - Audit Requirements, as a subreciplent of a Federal award awarded by the Department through this Agreement, Is subject to the followlng requirements:
1. In the event the Agency expends a total amount of Federal awards equal to or In eJtcess of the threshold established by 2 CFR Part 200, Subpart F - Audit Requirements, the Agency must have a Federal single or program-specific audit conducted for such fiscal year In acoordanc:e with the provisions of 2 CFR Pali 200, Subpart F -Audit Requirements. Exhibit "H", Audit Requirements for Awards of Federal Financial AaaJatance, to this Agreement provides the required Federal award Identification Information needed by the Agency lo further comply wHh the requirements of 2 CFR Part 200, Subpart F - Audit Requirements. In determining Federal a rds expended In a fiscal yea,r, the Agency rnust consider a,11 sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this Agreement. The

determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F -AUdlt Requirements. An audit conducted by the State of Florida Auditor General In -accordance with the provisions of 2 CFR Part 200, Subpart F - Audit Requirements, will meet the requirements of this part

In connection with the audit requirements, the Agency shall fUlflll the requirements relative to the audltee responsibilities as provided In 2 CFR Part 200, Subpart F - Audit Requirements.

HI. In the event the Agency expends Jess thao the threshold established by 2 CFR Part 200, Subpart F - Audit Requirements-, in Federa.I awards, ·the Agency is exempt from Federal audit requirements for that fiscal year, However, the Agency must provide a single audit exemption statement to the Department at F DOTS i ng!eAudit@d0ts t a1e .fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F - Audit Requirements, in Federal awards In a fiscal year and elects to have an audit conducted in accordance with the prov1sions of 2 CFR. Part 200, Subpart F - Audit Requirements, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than Federal entities).

The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at https://harvester.census.govtracweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F -Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period. The FAC Is the repository of record for audits required by 2 CFR Part 200, Subpart F
-Audit Requirements. However, the Department requires a copy of the audit reporting pack.ige also be submitted to F□OTSingleAudit@dot.state .fl .us within the ear1ier of 30 calendar days aft.er receipt of the auditor's report(s) or nine months after the end
of the audit period as required by 2 CFR Part 200, Subpart F - Audit Requirements.
Within six months of acceptance of the audit report by the FAC, the Department wlll review the Agency's audit reporting package, inctudlng eo1T&Ctive action plans and

Pa9e9 of 4
DocuSlgn Envelope ID: 97319BBE 8992-43F0-94AB--34DD3AF26688

aTATE OF Fl.ORIDA bEPARTIIIEHT OF TMH$POATATION
PUBLIC TRANSPORTATION GRANT AGREEMENT

FDffl\ 721-(1UO.Ot
--
8'111ATEGIC
11CKG7122
management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. If the Agency fails to have an audit conducted in accordance with 2 CFR Part 200, Subpart F -Audit Requirements, the Department may impose additional conditions to remedy noncompliance. If the Department determines that nr;mc;Qmpliance c.1nnot be remedied by imposing additional conditions, the Department may take appropriate actions to enfor,;:e oompllance, which actions may Include but not be limited to the following:

1. Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department:
2, Disallow (deny both use of funds and any applicable matchlng credit for) all or part of the cost of the activity or action not in compliance:
1. Wholly or partly suspend or terminate the Federal award;
2. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and Federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the Federal awarding agency);
3. WlthhOld fUrther Fed$Nil aw1;1rd$ for the Project or program:
4. Take other remedies that may be legally avallable.
vi, Asa condition ofreceiving th1s Federal award, the Agency shall permit the Department or its deslgnee, the CFO, or State of Florida Auditor General access to the Agency's records, Including financial statements, the Independent auditor's working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or lltlgation shall be retained untl the action Is complete or the dispute Is resolved.
vii. The Department's contact lnformetlon for requirements under lhls part Is es follows: Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0450
FDOTS l ngleAudit@dotstale .ff.u s
State Funded:
1. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Agency's use of state financial assistance may indude but not be limited to on-site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Department by this Agl'8f;Jmenl. By entering into this Agreement, lhe Agency agre1;1s to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by lhe Department The Agency further agrees to comply and oooperate•with any inspections, reviews, investigations, or audits deemed necessary by the Department. the Department of Financial Servtces (DFS), or State of Florida Auditor General.
2. The Agency, a "nonstate entity" as defined by Section 215.97, Florida Statutes, as a recipient of state financial assistance awarded by the Department through th.is Agreement, is subject to the following req1,1iremenu;:
r. In the event the Agency meets the audit 1hreshold requirements established by SecUon 215.97, Florida Statutes, the Agency must have a State single or project specific audit conducted for such fiscal year In accordance with Section 215.97, Florida Statutes: applicable rules of the Department of Financial Services:.and

Page 10 of24
DocuSlgn Envelope ID: 97319BBE-,8992-43F0-94 0D3AF26688

.-rATE OF FLORIDA IIEPARTIIIENT OF '11Wj$P(IRTATION PUBLIC TRANSPORTATION GRANT AGREEMENT
FOffl\ 721-000-0t
STRATEGIC
-LOPtll!l!HT
G7122
Chapters 10.550 (local govemmental entities) or 10.650 (nonprofit and for-profit organlZations), Rules of the Auditor General. Exhibit "G", Audit Requirements for Awards of State Flnanc;lal Auistanee, to this Agreement Indicates state financial assistance awarded through the Department by this Agreement needed by the Agency to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assi$l.iince expended in a fiscal year, the Agency shall consid' er all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, other state agencies, and other nonstate entitles. State financial assistance does not Include Federal direct or pass-through awards and resources received by a nonstate entity .for Federal program matching requirements.
The Agency, when submitting flnanclal reporting packages to the Department for
audits done in accordance with Chapters 10.550 Oocal govemmental entities) or

Page 11 of24

l'f AYE OF F\.()Rll)A IIEPARTIIIEWT OF TMH$POATATION
PUBLIC TRANSPORTATION GRANT AGREEMENT
F ,"12I-OIIO-OI
STIIATEGIC
lleW.LOPlll!HT
G7122
10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should Indicate the date the reporting package was delivered to the Agency in correspondence accompanying the reporting package.
Upon raceipl, and within six months, the Department will review the Agency's financial ,reporting package, induding corrective action plans and management letteni, to the extent neoessary to determine whether tlmely and appropriate
oorreclive action on all deficiencies has been taken pertaining to the state financial asslstam;e provided through the Department by this Agreement If the Agency fails to have an audit conducted consistent with Section 215.97, Florlda StaMes, the Department may take appropriate col1'8Ctive action to enforce compliance.
As a condition of recewing state financial assistance, the Agency shall permit the Department or its designee, DFS, or the Auditor General access to the Agency's records, including financial statements, the indepen,:lent auditor's working pqpers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved.

The Agtl'\CY shaU 1'9taln sufficient recorcts demonstrating its compliance with the term.s of this Agreement for a period of five years from the date the audit report is Issued and shall allow the Department or its designee, DFS, or Stale of Florida Auditor General access to such records upon request The Agency shaH ensure that the audit working papers are made avaUable to the Department or Its designee, DFS, or State of Florida Auditor General upon request for a period of five years from the date the audit report Is Issued, unless extended in wr!Ung by the Department

18. Notlcea and Approvals. Notices and approvals referenced In this Agreement must be obtained tn writing from the Parties' respective Administrators or their deslgnees.

17. Restrictions, Prohibitions, Controls and Labor Provisions:

-a. Convicted Vendor Llsl -A person or affiliate who has been placed on the convicted vendor l.ist fellowing a conviction fur a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public bunding or public work; may not submit bids on leases of real property to a public entity: may not be awarded or perform work as a contractor, supplier, subc:ontractor, or consultant under a contract with any public entity; and may not transact business with any public entity In excess of the threshold amount proVlded.fn Section 287.017, Florida Statutes, for CATEGORY lWO for a period of 36 months from the date of being placed on the convicted vendor 11st.

Discriminatory Vendor List. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a 'bid on a contract to provide goods or services to a publtc entity; may not submit a bid on a contract with a public Elntlty for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public enOty; may not be awarded or perform work as a contractor, suppller, subcontractor, or consultant under a contract with any public entity; and may not transact business with any publlc: entity.
Non-ftesponslbl• Contractors. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied, or havefurther been determined by the Department to be a non-responsible contractor, may not submit a bid or perform work for the construction or repair of a public bulldlng or public work on a contract with the Agency.

Page 12of24

IT AYE OF f\.Ollll),t, IIEPARTIIIEWT OF TMH$POATATION
PUBLIC TRANSPORTATION GRANT AGREEMENT
FOffll I
STRATEGIC
-LOl'lleHT
07122
Prohibition on Using Funds for Lobbying·. No funds 111ceived pursuant to this Agreement may be expended for lobbying ll'le Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes.

•· Unauthorized Allens. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A{e) of the Immigration and Nationality Act If the contractor knowingly employs unauthorized aliens, such violatlon will be c;all$8 for unilateral cancellation of this Agreement

Procurement of Construction Servlcu. If the Project Is procured pursuant to Chapter 255, Florida S1atutes, for construction services and at the lime of the competitive solicitation for the Project, 50 percent or more of the cost of the Project is to be ,paid from state-appropriated funds, then the Agency must comply with the requirements of Section 255.0991, Florida Statutes.
E-Vertfy. The Agency shall:
1. Utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Agency durfng the term of the oontraet: and

I!. Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E Verify system to verify the employment eligibility af all new employees hired by the subcontractor during the contract term.

Executive Order 20-44. Pursuant to Governor's Executive Order 20-44, If the Agency is required by the Internal Revenue Code to file IRS Form 990 and is named in statute with which the Department must form a sole-source, public-private agreement; or through contract or other agreement with the State, annually receives 50% or more of its budget from the State or from a combination of State and Federa' I funds, Recipient shall submit an Annual Report to the Department, including the most recent IRS Form 990 detailing the total compensation for each member of the Agency executive leadership t m. Total compensation shall include salary, bonuses, cashed-ln leave, cash equivalents, severance pay, retirement benefrts, deferred compensation, ,real-properly gifts, and any other payout. The Agency shall inform the Department of any changes in total executive compensation during the period between -the filing of Annual Reports within 60 days of any change taking effect. All compensation reports shall detail the percentage of executive leadership compensation received directly from all State and/or Federal allocations to the Agency. Annual Reports shall be In the form approved by the Department and shall be submitted to the Department at fdotslngleaudlt@dot.state.fl.us within 180 days following the endof each tax year of the Agency rece'fvlng Department funding.
1. Design Services and Conatruction Engineering and Inspection Services. If the Project ts wholly or partially funded by the Department and administered by a local governmental entity, except for a seaport llsted In Section 311.09, Florida Statutes, or an airport as defined In Section 332.004, Florida Statutes, the entity performing design and construction engineering and Inspection services may not be the same entity.

lndemnfficatJon and Insurance:
1. .Jt is specifically agreed between the Parties executing this Agreement that It is not intended by any of the provisions of any part of this Agreement to create in the ,public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to thts Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement The AQency guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Agency or any
  
  Page 13 of24
  
  l'f ATE OF Fl.OAIDA IIEPAR'fMEtlT OF 'IMli9PORTATION
  PUBLIC TRANSPORTATION GRANT AGREEMENT
  FOffl\ 721-41i10-0I
  BTIIATEGIC
  -LOl'tll!HT
  IIGCU7122
  subcontractor, in connection with this Agreement. Additionally, the Agency shaU indemnify, defend, and hold harmless the State of Florida, Department of Transportation, Including.the Department's officers and employees, from liabilities, damages, losses, and costs, Including, but nol limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or Intentional wrongful misconduct of the Agency and persons employed or 1,1tilized by the Agency in the i;,erformanet;1 of thii; Agreement, This jndemnifii;ation shall survive the termination of this Agreement. Addi1ionally, the Agency agrees to include the following indemnification In all contracts with contraclors/subcontraclors and consultants/subconsultanls who perform work In connection with this Agreement:·
  
  "To the fullest extent permitted by law, the Agency's contractor/oonsultant shall Indemnify, defend. and hold harmless the Agency and the State of Flonda, Department ofTransportation, lnduding the Department's officers and employees, from lfabiities, damages, losses and
  costs, including, but not limited to, reasor1<1ble attorney's fees, to the extent c.iused by the
  negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and persons employed or utilized by the contractor/consultant in the performance of this Agreemenl
  Thli lndemnlficaUon shall.survive th$ termln tlQn Qf this Agreement.·
2. The Agency shall provide Workers' Compensation Insurance In aocordance with Aortda's Wbrkers' Compensation law for all employees. If subletting any of the work, ensure that the suboontractor{s) and subconsultant(s) have Workers' Compensation Insurance for their employees In accordance with Florida's Workers' Compensation law. If using "lea,sed employees" or employees obtained through professional employer organizations ("PEO's"), ensure that such employees are covered by Workers' Compensation Insurance through the PEO's or other- leasing entitles. Ensure that any equipment rental agreements that Include operatora or other personnel who are employees of independent contractors, sole proprietorships, or partners are covered by Insurance required under Ronda's Workers' Compensation law.
3. If the Agency elects to self-perform the.Project, then the Agency may self-insure. If the Agency elects to hire a conl!'<l.ctor or consvltant to perform the Projeet, then .the Agency shall carry, or cause its contractor or consultant to carry, Commercial General Liability insurance providing continuous coverage fat all wofk or operations performed under this Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use In the Slate of Florida. The Agency shall cause, or cause Its contractor or consultant
  to cause, the Department to be made an Additional Insured as to such Insurance. Such coverage shall be on an "occurrence• basis and shall Include Products/Completed Operations coverage. The coverage afforded to the Department as an Additional Insured shall be primary as le;> any other availabltil insurance and $hall not be more r1;11i1lrictive than the cov1;1rage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, indusive of amounts provided by an umbrella or excess pollcy. The llmlts of coverage described herein shall apply fully to the work or operations performed under the Agreement, and may not be shared with or diminished by claims unrelated to the Agreement. The pollcy/ies and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named Insured. No polloy/les or coverage described herein may contain or be subject to a Retention or a Self lnsured Retention unless the Agency Is a st.ate agency or subdivision of the State of Florida that elects to self-perform the Project Prior to the execution of the Agreement, and at all renewal periOds which occur prior to final acceptance of the worx,1he Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The Department shall be noUfled In wrttlng within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to an,ypolicy or coverage described herein. The Department's approval or 1anure to disapprove any pollcy/ies,
  
  Page 14 of24
  
  l'f AYE OF Fl..OIIIDA IIEPM'fl!IEWT OF '11W19PORTATION
  PUBLIC TRANSPORTATION GRANT AGREEMENT
  FOffll72i-Oi'IO-OI
  8'111ATEGIC
  DeVf.LOPlll!HT
  U7122
  coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiVer of any tights or defenses the Department may have.
4. When the Agreement includes the construction of a railroad grade crossing, railroad overpass or underpass structure, or any other worfc or operations within the limits of the railroad right of-way, lnduding any encroachments the11K>n from work or operations in the vicinity of the 'railroad right-of-way, the Agency shall, or cause lb contractor to, in addition to the insurance coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the rallroad Is the Named Insured and where the llmlts are not less than $2,000,000 combined single limit for bodily injury and/or property damage per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall also be added along with the Department as an Additional Insured on the policy/ies procured pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, both the Department and the railroad shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage
  described herein. The insurance described herein shall be maintained through final acceptance of the work. !:loth the Department and-the rallroad shall be notified In writing within ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy or cover'E!ge desc,-l!)ed tiereJn. The Department's approval or f llure to dlsepprov(I al'ly pollcy/les, coverage, or ACORD Certiffcates shall not relieve or excuse any obligation lo procure and maintain the insurance required herein, nor serve as a waiver cf any rights the Department may have.
  •· When the Agreement involves work on or In the vicinity of utlllty-owned property or facilities, the utlllty shall be added along with the Department as an Additional Insured on the Commercial General Llablllty pollcy/les procured above.
Mlacellaneoua:
1. Environmental Regulaflons. The Agency will be solely responsible for compliance with all applicable environmental regulations and for any liability arising from non-compliance with these regul ons, and will reimburs(I the parlment for any loss incull'8d in connection therewith.
2. Non-Admission of Llablllty. In no event shall the making by the Department of any payment to the Agency constitUte or be construed as a waiver by the Department of any breach of covenant or any defaull which may then exist on the part of the Agency and the malcing of such payment by the Department. While any such breach or default shall exlst, shall In no way Impair or prejudice any r1ght or remedy avallable to the Department with respect to such breach or default.
3. Severablllty. It any provision of this Agreement is held Invalid. the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of appllcable law.
4. Agency not an agent of Deparbnenl The Agency and the Department agree that the Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement.

Bonus or Commission. By execu1Jon of the Agreement; the,Agency represents that It has not paid and, also agrees not tu pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder.

Non-Contravention of State law. Nothing In the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing In

Page 15 of24
DocuSign Envelope ID: 38543951-EB20-49E6-B3ES.CBFBE504EOB5

$TATE OF F QRIDII DEPARTMENT OF TAA SPQRTATION
PUBLIC TRANSPORTATION GRANT AGREEMENT
Form 7Z5-00IMl1 STRATEGIC DEVELOPMENT
OGC 07122
contravention of any applicable state law, If any of ttie provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing so that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project.
1. Execution of Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party.
2. Federal Award Identification Number (FAIN). If the FAIN is not available prior to execution of the Agreement, the Department may unilaterally add the FAIN to the Agreement without approval of the Agency and without an amendment to the Agreement. If this occurs, an updated Agreement that includes the FAIN will be provided to the Agency and uploaded to the Department of Financial Seivices' Florida Accountability Contract Tracking System (FACTS).
  1. Inspector General Cooperation. The Agency agrees lo comply with Section 20.055(5). Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes.

j. Law, Forum, and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The Agency agrees to waive forum and venue and that the Department shall determine the forum and venue in which any dispute under this Agreement is decided.

IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above.

AGENCY Manatee County Port Authority STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION

,,,,,.--- By:t---c;::':::::; _

s -----""-------- cl:4 (lJ;JNVW41-lZ/.

Name: -Jo-hn-Ku-ble�r P,-E,

Name: ,i.,

Title: C f--,r ""-~

Title: Director of Transportation Development

J//J.J./,j ,g_ \\\1\PIUl"'1,

i-llTli J:OF FLORIDA, DEPARTMENT OF TRANSPORTATION s

ATTEST: MANAte; et)UN'fV IR selt a1tev1ew: ,;!JC

CLERK OF CIRCUIT COURT ANE) j; . ;#J S r;Do<0Slga<dby,

cq Y. CO I? ROLLER \ / l .z'J...

BY!. .,,, -1_.@.... .._..,i!!t.i.l.B..l.E.5l..'"'fC.l.!. J"'-------------

DEPUTY c RK l{.IJ.£}1!3 1'1111111111\\111 Don Conway, senior Attorney (as to legality and form)

Page 16 of 24

tTAff Of' FLORIDA DEPAlmlENT OF TllAH$l>ORTA'llON

PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS

F...,,,

IITRA.TEGIC

, OPIIPT

l;IGI.G1JD

EXHIBIT A

Project Description and Responslbllftles

Project Description (description of Agency's project to provide context, description of project components funded via lhis Agreement (if not the entire project)): This Agreement provides for the Department's financial participation In SeaPort Manatee's mobile harbor crane initiative. The Agency owns two exlstlng moblle harbor cranes which were purchased In 2007 and 2010. The average design life of cranes before major rebuilds becomes necessary Is 15 years. Additional crane(s) will allow the Agency to supplement the existing fleet and provide redundancy during downtime(s), and also allow the Agency to h1:mdle multiple vessel operations simult.iineously. Newer cranes are also·pn:>jected to be more efficient and also result in less emissions during operations. The Project includes two components. The first and primary component is to purchase mobile harbor crane(s), which will use one of two procurement approaches:
Procurement Method 1: Purchase newer series 2022 Gottwald Generation 6 crane(s) Procurement Method 2: Purchase new crane(s) from a vendor
A secondary component Includes the procurement and Installation of parts and oomponents for mobile harbor
crane(s).
Project Location (llmlts, city, county, ,map): Palmetto, Florida
Project &cope (allowable CQSls: describe project components, Improvement type/servlce type, approXimate llmellne, project schedule, project size): There are two scope options for this PTGA. Scope 1 Is associated with procurement method 1: Purchase newer series 2022 Gottwald Generafion 6 crane(s), Scope 2 Is associated with procurement method 2: Purchase new crane(s) from vendor.
Scope 1 (Procurement Method 1): This project includes the work required to complete the Crane actMties described in the Project Description, including: mobile harbor cranes; mobile harbor crane parts and components (e.g., emission reductions parts/ components); and painting.

Scope 2 {Procurement Method 2); This project includes the wotk required to complete the Crane activities descnbed in the Project Description, including: assembly; commissionlng; installation; mobile harbor cranes; moblle harbor crane parts and components (e.g., emission reductions parts I components); painting; procurement coat: testing and certification; and, transportation and delivery.
Dellverable(s):

The projed scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be the incremental progress made toward completion of project scope elements. Supporting documentation will be quantifiable, measurable, and verifiable, to allow for a determination of1he amount of incremenb;ll progress that has been made, and provide e'{idence that the payment requested is commensurate with the accomplished Incremental progress an,dcosts incurred by the Agency.
Unallowable Coats (including but not limited to): Travel costs are not allowed.

Transit Operating GrantRequlnments (Transit Only):

Transit Operating Grants billed as an o,perational subsidy will require an expenditure aetall teport from the Agency that matches the Invoice period. The expenditure delall, along with the progress report. wlll be the required dellverables for Transit Operating Grants. Operating grants may be Issued for a term not to exceed three years from execution. The

original grant agreement wtll Include funding for year one. Funding for years two and three will be added by amendment as long as the grantee has submitted all invoices on schedule and the project deliverables for the year have been met.

Page 17 of24

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS

Form 725-000..(1-2 STRATEGIC DEVELOPMENT

OGC 01123

EXHIBITS

Schedule of Financial Assistance

FUNDS AWARDED TO THE AGENCY AND REQUIRED MATCHING FUNDS PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:

Fund Type and Fiscal Year:

Flnanclal Pttal'!agement

Number

Fund

Type

FLAIR

K<DNE(,RANES®

As the pioneer in the Mobile Harbour Crane concept since 1956, Konecranes

Lifting Businesses'"

Gottwald has now delivered more than 2,000 cranes to over 100 countries including 125+ cranes in the Americas Region. Konecranes is a leading crane supplier for a wide range of industries with a strong focus on equipment uptime. Our service products include innovative solutions which we have developed to fulfil the actual needs of our customers. We maintain cranes and machine tools of all makes so there is a wide pool of expertise and knowledge at your disposal.

Konecranes Gottwald crane engineers look back at a very respectable history in the field of Mobile Harbor Cranes. Together with the product material we offer our knowledge and the sincerity and the dedication to do our best.

Of possible interest to you, key advantages of the Konecranes Gottwald Mobile Harbor cranes are:

Non-Proprietary Parts Avallablllty readily available on open market for easy accessibility
Konecranes Americas Parts Warehouse located in Central US
Regional USA Service center located in Savannah, GA.
Low power consumption due to the use of electric AC drives, ultra-capacitors, dynamic brake resistors and implementation of the most modern diesel-engine technology (Tier IV Final) on demand
State-of-the-Art Electric Drives (Siemens)
User friendly crane control and diagnostics
Completely enclosed and lockable rooms for the Electrical & Mechanical equipment to protect from climatic influences. In addition to, crane is equipped with an air overpressure system whereas fresh and filtered air to be sucked in from tower top and blown into machinery housing and electric room.
Smooth operation due to the use of well-proven AC technology
Perfect matching of the crane's hoisting unit for grab operation, spreader operation and hook operation
Low Maintenance and Operational Cost
Long Service Life

We hope that our offer receives favorable consideration. We are available for discussions whenever the need arises.

Andreas Moeller Senior Sales Manager

Business Unit Mobile Harbor Cranes Port Solutions

Direct +49 211 7102 3765

Mobile +49 172 260 2270

Fax +49 211 7102 3651

andreas .rnoeller@konecranes .com

KON C.,RANES0

Lifting Businesses'"

Manatee County Port 300 Tampa Bay Way 34221 Palmetto

USA

We herewith authorise

Mr. Andreas Moller Senior Manager

to enter into negotiations and to sign the Tender Documents, the LOI and the Contract Documents as well as all attachments thereto (including a possible termination) for the delivery of

2 (two) Mobile Harbour Cranes ESP.7

as the sole signatory on behalf of Konecranes GmbH. Dusseldorf, GERMANY, 22.01.2024

Konecranes GmbH

Managing irector

Giuseppe Di Lisa

Vice President

KONEC.,RANES" I GOTTWALD

Konecranes GmbH, P.O. Box 18 03 43, Forststrasse 16, 40597 D0sseldorf, Germany, Tel +49 211 7102 0, Fax +49 211 7102 3650, Registered office: Duesseldorf, HRB Duesseldorf 99939, Germany, konecranes.com,

Management Board: Heribert Barlage, Thorsten Petry, Nico Zamzow, Chairperson of the Supervisory Board: Anneli Karkovirta,

Tax Reg. No: 106/5715/4206, VAT Reg. No: DE164416080, Bank: SEB AB, Frankfurt, Germany, !BAN: DE63 5122 0200 0031 5130 05, Swift (BIC): ESSEDEFF

1/1

Offer 18185

ESP.7 MOBILE HARBOR CRANE

18185-DC-04-0

Konecranes GmbH, P.O. Box 18 03 43, Forststrasse 16, 40597 Düsseldorf, Germany Subject to change without notice.

18185-DC-04-0

Offer 18185

LIFTING CAPACITIES

ESP.7 MOBILE HARBOR CRANE

RADIUS [m]	CAPACITIES [t]
RADIUS [m]	Heavy Lift on ropes	Heavy Lift on hook	General cargo on hook	Container on spreader 1 singlelift	Grab on hook	Grab on hook
11	128,2	125,0	63,0	41,0	52,0	52,0
12	128,2	125,0	63,0	41,0	52,0	52,0
13	128,2	125,0	63,0	41,0	52,0	52,0
14	128,2	125,0	63,0	41,0	52,0	52,0
15	128,2	125,0	63,0	41,0	52,0	52,0
16	128,2	125,0	63,0	41,0	52,0	52,0
17	128,2	125,0	63,0	41,0	52,0	52,0
18	128,2	125,0	63,0	41,0	52,0	52,0
19	128,2	125,0	63,0	41,0	52,0	52,0
20	128,2	125,0	63,0	41,0	52,0	52,0
21	128,2	125,0	63,0	41,0	52,0	52,0
22	121,7	118,5	63,0	41,0	52,0	52,0
23	115,8	112,6	63,0	41,0	52,0	52,0
24	110,4	107,2	63,0	41,0	52,0	52,0
25	105,5	102,3	63,0	41,0	52,0	52,0
26	101,3	98,1	63,0	41,0	52,0	52,0
27	97,2	94,0	63,0	41,0	52,0	52,0
28	93,2	90,0	63,0	41,0	52,0	52,0
29	89,6	86,4	63,0	41,0	52,0	52,0
30	86,2	83,0	63,0	41,0	52,0	52,0
31	83,2	80,0	63,0	41,0	50,0	52,0
32	80,2	77,0	63,0	41,0	47,5	52,0
33	77,3	74,1	63,0	41,0	45,1	52,0
34	74,2	71,0	63,0	41,0	43,1	52,0
35	71,8	68,6	63,0	41,0	41,2	50,7
36	69,2	66,0	63,0	41,0	39,4	48,4
37	66,9	63,7	63,0	41,0	37,7	46,3
38	64,7	61,5	61,5	41,0	36,0	44,3
39	62,7	59,5	59,5	41,0	34,5	42,4
40	60,7	57,5	57,5	41,0	33,0	40,6
41	58,7	55,5	55,5	41,0	31,6	38,9
42	56,8	53,6	53,6	41,0	30,3	37,2
43	55,0	51,8	51,8	41,0	29,0	35,7
44	53,3	50,1	50,1	41,0	28,0	34,4
45	51,7	48,5	48,5	39,5	27,1	33,3
46	50,1	46,9	46,9	37,9	26,2	32,2
47	48,6	45,4	45,4	36,4	25,4	31,2
48	47,2	44,0	44,0	35,0	24,6	30,3
49	45,8	42,6	42,6	33,6	23,8	29,3
50	44,5	41,3	41,3	32,3	23,1	28,4
51	43,2	40,0	40,0	31,0	22,4	27,6

Deadweight of hook swivel gear SMAG SW125: 3,2 t

Deadweight of spreader 1 Bromma EH 5U: 9,0 t

18185-TT-04-0

SERVICE RANGE

ESP.7 MOBILE HARBOR CRANE

Schematic representation

Konecranes GmbH, P.O. Box 18 03 43, Forststrasse 16, 40597 Düsseldorf, Germany Subject to change without notice

18185-SR-04-0

TECHNICAL DATA

ESP.7 MOBILE HARBOR CRANE

TABLE OF CONTENT PAGE

MAIN DIMENSIONS 2
WEIGHTS 2
MAIN DRIVE 2
HOIST 3
SLEWING GEAR 3
LUFFING GEAR 3
TRAVEL GEAR 3
AMBIENT CONDITIONS 4
CLASSIFICATION OF CRANE AND MECHANISMS 4
LIGHTING 5
SURFACE TREATMENT 5

1.0	MAIN DIMENSIONS Length of chassis without stabiliser pads	approx.	17,9 m
	Width of chassis without stabiliser pads Size of stabiliser pads Propping base (width, length) Tail radius Height of boom pivot point	approx. approx.	9,6 m 2,4 m x 5,0 m 13,0 m x 14,0 m 7,5 m 22,8 m
	Crane operator viewing height Boom length Maximum radius Minimum radius Hoisting height on hook above quay	approx. 11 m to 36 m radius	28,8 m 51,0 m 51,0 m 11,0 m 52,0 m
	Hoisting height on hook below quay	51 m radius	27,5 m 12,0 m
2.0	WEIGHTS
	Counterweight Total weight of operational crane*	approx.	114,9 t 460,0 t
3.0	MAIN DRIVE
	Type of drive system		Diesel – electric
3.1	DIESEL ENGINE

Manufacturer Volvo Penta

Model TWD 1683 GE

Engine type Diesel

Cooling Water

Nominal output (PRP, ISO 8528) 625 kW at 1800 rpm

Number of cylinders 6

Fuel consumption (at full load) max. 195 g/kWh

SECONDARY POWER SOURCE
Model Ultracapacitors (Ultracaps)
Nominal output 125 kW
TANK VOLUMES

Volume of main fuel tank in chassis approx. 7600 l Possible operating time without refueling up to 220 h

(depending on operating mode and intensity)

Volume of diesel exhaust fluid (DEF/AdBlue) tank approx. 320 l

4.0	HOIST
	Number of rope drums		1
	Number of ropes		2
	Hoisting speeds:
		without load 10,0 t 47,0 t 63,0 t	120,0 m/min 96,0 m/min 54,0 m/min 42,0 m/min
		100,0 t 125,0 t	27,0 m/min 22,0 m/min
5.0	SLEWING GEAR
	Number of slewing gear drive units		1
	Slewing speeds:
		to 74,0 t	to 1,6 rpm
		to 100,0 t	to 0,6 rpm
		to 125,0 t	to 0,3 rpm
	Maximum peripheral speeds at boom head:	without load	to 300 m/min
		to 74,0 t	to 200 m/min
		to 100,0 t	to 80 m/min
		to 125,0 t	to 40 m/min
6.0	LUFFING GEAR
	Average luffing speeds:	to 74,0 t	65 m/min
		to 100,0 t	27 m/min
		to 125,0 t	11 m/min
7.0	TRAVEL GEAR
	Travel speed	up to	80 m/min
	Total number of axles		7
	Number of steered axles		7
	Number of driven axles		2
	Number of wheels		28
	Tyre size		14.00-24
	Climbing ability		6,0 %
	Vertical axle compensation		+250 mm / -250 mm
	Minimum inner curve radius	approx.	2,8 m
	Minimum outer curve radius	approx.	14,7 m
	Maximum crab steering angle	approx.	20°

8.0	AMBIENT CONDITIONS
	Permissible wind speeds: Crane in operation	to	24 m/s
	Crane in travel operation Crane out of service	to to	24 m/s 46 m/s
	At wind speeds above 46 m/s, the boom head should be lowered and secured.
	Permissible ambient temperatures: minimum maximum		-20° C +45° C
9.0	CLASSIFICATION OF CRANE AND MECHANISMS
Classification in accordance with: FEM 1.001, 3rd edition, 1998
9.1 CRANE CLASSIFICATION
Container operation (single lift)		41,0 t	A8
Motor grab operation		52,0 t	A8
Motor grab operation		52,0 t	A7
Normal-load operation		74,0 t	A6
Heavy-load operation		100,0 t 125,0 t	A4 A3
9.2 CLASSIFICATION OF MECHANISMS
Hoist: Container operation (single lift)		41,0 t	M8
Motor grab operation		52,0 t	M8
Normal-load operation		63,0 t	M8
Heavy-load operation		125,0 t	M4
Slewing gear: Container operation (single lift)		41,0 t	M7
Motor grab operation		52,0 t	M7
Normal-load operation		74,0 t	M7
Heavy-load operation		125,0 t	M7
Luffing gear: Container operation (single lift)		41,0 t	M7
Motor grab operation		52,0 t	M7
Normal-load operation		74,0 t	M7
Heavy-load operation		125,0 t	M7
Travel gear:			M4

LIGHTING
Boom head LED lamp 2 x 450 W
Bottom of boom LED lamp 1 x 450 W
Front of tower LED lamp 2 x 300 W
Rear of tower LED lamp 1 x 300 W Boom head obstacle beacon 1
SURFACE TREATMENT
The primary steel structure of the crane is externally coated in accordance with the following specification:
Surface treatment of the steel structure: EN ISO 12944 Surface preparation: SA 2½ (ISO 8501-1)
Primer coat: Two-component zinc rich epoxy resin ≥ 50 m
Top coat: Two-component acrylic-polyurethane ≥ 120 m
Total nominal coating thickness: ≥ 170 m
1. COLOR SCHEME

Boom RAL 5015 Sky blue

Front section, boom head including rope pulleys RAL 5015 Sky blue

Tower and rope pulleys RAL 7001 Silver grey

Superstructure RAL 5015 Sky blue

Luffing cylinder RAL 7001 Silver grey

Chassis RAL 7001 Silver grey

Counterweight RAL 5015 Sky blue

Tower cab and chassis cab RAL 1013 Oyster white

Stabiliser pads RAL 7001 Silver grey

Wheel rims, axles, equalisers RAL 7024 Graphite grey

Other color schemes on request.

Key:

* Depending on the configuration selected.

Subject to technical modification without prior notice.

Offer 18185

QUAY LOADINGS

ESP.7 MOBILE HARBOR CRANE

MAIN CRANE DATA:

Total crane weight: (approx.)	460 t
Maximum load:	125 t
Maximum load on operation:	585 t
Number of axles:	7
Propping base:	14,0 m x 13,0 m
Stabilizer pad size:**	2,4 m x 5,0 m
Stabilizer pads per corner:	1

**other sizes on request

CRANE IN TRAVELLING MODE:

UNIFORMLY DISTRIBUTED LOAD DURING TRAVELLING:
Area covered		174,19	m²
( 15,2 m	x 11,5 m )
Uniformly distributed load		2,64	t/m²
(460,0 t	/ 174,2 m²)

PRESSURE UNDER WHEELS:

Axle Load:	65,7 t
Wheels / Axle:	4
Load / Wheel:	16,43 t
Supporting Area / Wheel:	1690 cm²
Pressure under Wheel:	9,72 kg/cm²

Area covered

11,5 m

15,2 m

Figure 1: Area covered by the crane in travelling mode *

Pos. I

CRANE IN OPERATION:

MAXIMUM PROPPING FORCES [Heavy load]

Pos. II Pos. III

BOOM POSITION	I	II	III
Load:	125,0 t	125,0 t	125,0 t
Radius:	21 m	21 m	21 m
Stabilizer pad loading:	226,7 t	264,5 t	232,9 t
Pad(s) on which load is exerted:	A, D	A	A, B
Stabilizer Pad Area:	12,00 m²	12,00 m²	12,00 m²
Ground Pressure :	1,89 kg/cm²	2,20 kg/cm²	1,94 kg/cm²

Figure 2: Determination of boom and pad position *

* Images are exemplary and may vary from configured crane

18185-QS-04-0

TECHNICAL DESCRIPTION

ESP.7 MOBILE HARBOR CRANE

TABLE OF CONTENTS PAGE

MOBILE HARBOR CRANES 3
CHASSIS 4
SUPERSTRUCTURE 7
TOWER/BOOM SYSTEM 11
TOWER CAB 13
1. CONTROLS AND INDICATORS 14
2. VISUMATIC® – CRANE MANAGEMENT SYSTEM 14
HOOK ROTATOR 15
SAFETY EQUIPMENT 16
ELECTRICAL EQUIPMENT 18
SURFACE PROTECTION 19
OPTIONAL EQUIPMENT 20

‌MOBILE HARBOR CRANES
Konecranes Gottwald Mobile Harbor Cranes are slewing boom cranes. They were introduced to the market in 1956 and have been developed continually since then. With maximum lifting capacities of up to 200 tonnes and working radii of up to 64 metres, Mobile Harbor Cranes are used to serve ships of all types and sizes.
Because their lifting gear can be changed quickly, Mobile Harbor Cranes are suitable for flexible handling of all types of cargo, including containers, general cargo, bulk materials and project cargo.
Konecranes Gottwald Mobile Harbor Cranes are equipped with rubber-tyred chassis and are highly mobile. They travel to the ships that are to be loaded and unloaded, and they can be used throughout virtually the entire terminal.
With its low energy consumption and low noise emissions, the high-efficiency electric drive concept of the Konecranes Gottwald Mobile Harbor Cranes ensures that environmental impacts are kept to a minimum. The cranes are designed to use external power sources as well as to operate independently of the grid with consumption-optimized diesel-generator sets and modern hybrid drives.
A Mobile Harbor Crane comprises four main assembly groups:
- chassis
- superstructure
- tower
- boom
With its rubber-tyred chassis, the fully rigged Konecranes Gottwald Mobile Harbor Crane can travel quickly and comfortably to its place of operation. The superstructure serves as a protective housing for the drives and the control system. The closed tower transmits forces between boom and superstructure and provides the crane operator with comfortable, weather-protected access to the tower cab. The boom is constructed as a torsionally stiff tubular-lattice structure.
The tower cab is the crane operator's ergonomically designed workplace and affords an excellent view of the work area. All the crane functions can be controlled from the tower cab. In addition, the crane is fitted with radio remote control.
Konecranes Gottwald Mobile Harbor Cranes are designed and manufactured to international standards and guidelines and in accordance with the state of the art. This, together with Konecranes long experience of crane manufacture, provides the basis for many years of reliable, high-performance crane operation.
‌CHASSIS
1. ‌STEEL STRUCTURE
  The chassis is constructed as a welded steel structure in a torsionally stiff box design. The structure is designed to carry the forces and moments occurring in crane and travel operation.
  1. TRANSPORT LUGS
    Four fixed lifting points for lifting the fully mounted crane are integrated in the steel structure of the chassis.
    With these lugs, the crane can be transported, e.g. by means of a floating crane, in fully rigged condition, which minimises time-consuming disassembly and assembly work.
  2. ACCESS TO THE SUPERSTRUCTURE
    Access from quay to chassis is provided by the stairway mounted at one end of the chassis. The bottom step of the stairway is flexibly mounted to prevent it from being damaged, e.g. if it comes into contact with the ground.
    The superstructure entrance safely can be accessed in every position from an ample platform at the top of the chassis. All stairways and walkways from ground to the superstructure are guarded by continuous handrails.
  3. MAIN FUEL TANK
    The main fuel tank is integrated in the steel structure. Its capacity is sufficient for intensive multi-shift crane operation.
    The filler neck for filling the main fuel tank is located at the side of the chassis and can be reached easily from ground level.
2. ‌PROPPING SYSTEM
  The steel structure of the chassis is fitted with two head beams. Each head beam accommodates two stabiliser beams. The stabiliser beams are extended and retracted by means of hydraulic cylinders that are also located in the head beams. The position of the stabiliser beams is constantly monitored by proximity sensors. By means of hydraulic cylinders located in the stabiliser beams, the stabiliser pads are lowered, to prop the crane, and raised. The stabilisers can be operated in automatic or manual modes. All the extension cylinders and jack cylinders are retracted or extended simultaneously.
  In automatic mode, the stabiliser system levels the crane fully automatically. Manual fine adjustment is not necessary.
  In manual mode, the stabilisers are operated from the tower cab by means of pushbutton switches on the monitor of the Visumatic® (crane management system) near the crane operator seat, or via the radio remote control (RRC). A level is provided in the chassis cab for monitoring whether the crane is in a horizontal position. In the tower cab, the horizontal position is indicated by an electronic level in the Visumatic®.
  1. STABILISER PADS
    The stabiliser pads are pivotably mounted on the jack cylinders. The stabiliser pads can be removed easily when the crane is to travel through narrow passages.
3. ‌TRAVEL GEAR
  1. TRAVEL DRIVE
    In travel operation, the crane is driven by one hydraulic motor per driven axle. The hydraulically controlled torque distribution over the axles ensures uniform torque delivery. The same maximum speed is attained in both travel directions.
  2. AXLES
    Only two axle types are used; both have twin tyres. The driven axles are additionally braked and steered. They each have a differential in the middle of the axle and planetary gears in the wheel hubs. The other axles are steered axles.
    The small number of axle types reduces the number of spare parts that need to be stocked and simplifies maintenance and repair work.
  3. AXLE SUSPENSION
    The axle suspension with robust, low-maintenance equaliser beams guarantees uniform distribution of the total weight over all the axles. At the same time, the equaliser beams permit independent vertical motion of the axles.
    Obstacles such as rails and dips can be travelled over or through without difficulty.
  4. STEERING
    All the axles are steered by means of hydraulic cylinders. The steering angles are synchronised with the aid of electronic linear encoders integrated in the steering cylinders.
    The steering concept provides precise steering with the minimum possible tyre wear, and it allows crab steering for better manoeuvrability of the crane.
  5. CRAB STEERING
    In crab steering mode, the crane can travel sideways with a translational motion; for this, all axles are steered with the same steering angle. The sideways travel of the crane facilitates manoeuvring in confined harbors and provides a high level of mobility.
  6. BRAKES
    Crane travel is braked with the hydraulic service brake by means of brake valves. A low-maintenance, oil- immersed multi-disc brake assists the hydraulic service brake and facilitates starting on gradients. The spring-loaded parking brake is applied automatically after crane travel has been brought to a halt. All the brake systems act on the driven axles.
  7. TRAVEL GEAR CONTROL
    The travel motion of the crane is controlled from the tower cab, the driver cab or with the radio remote control (RRC). This control covers driving, steering, braking, lowering of the crane from the propped position onto the wheels, and propping for crane operation. The crane can accelerate smoothly from standstill all the way up to maximum speed in both directions.
  8. WARNING SIGNALS DURING CRANE TRAVEL
    During crane travel, yellow lights flash on the superstructure and a pulsating audible alarm is sounded.
4. ‌SUPPLY OF PRESSURISED OIL TO THE CHASSIS
  Pressurised oil for the hydraulic stabiliser, steering, travel gear and brake systems is provided by the pressure oil unit in the superstructure.
5. ‌CHASSIS CAB WITH REMOTE CONTROL
  The crane is equipped at the front with a weatherproof cab that offers the crane operator a very good view during travel. It is equipped with:
  - Radio remote control for operating all crane functions
  - Mount for radio remote control
  - Adjustable driver seat
  - Safety glass
  - Heating system
  - Wiper system for windscreen
  - Rooflight
  - Ventilation system
6. ‌DIESEL-ELECTRIC HYBRID SYSTEM
  The electric power for the crane drives is generated by a diesel-electric system of latest innovative hybrid technology: it consists of a combination of a diesel engine and three-phase generator plus a secondary power source on the basis of electrostatic short-term energy storage media, so-called Ultracapacitors (Ultracaps).
  The diesel engine drives the generator at a constant speed and provides the base load energy for crane operation. The Ultracapacitors (Ultracaps) provide short-term energy during peak power demand periods. The energy stored in the short-term energy storage media either has been provided by the diesel-generator set in phases of low utilization, or has been recovered from the lowering and braking motions of previous crane working cycles.
  The diesel-electric system has been sized to provide enough power for all the crane functions to be carried out simultaneously and independently of each other.
  The diesel-generator unit is installed in a self-contained housing located at the side of the chassis. It includes the diesel engine, the generator, the radiator as well as the exhaust system. Fresh air for cooling and as combustion air is provided by air ducts from the ventilation system in the tower. The drive unit is modularised and can be removed quickly using standard port equipment.
  The control unit for the diesel engine is installed next to the engine and equipped with start and stop buttons, key-operated ignition and a digital display for the engine oil pressure, the coolant temperature, a
  rev counter, an operating hours counter and a battery voltmeter. At the front side of the chassis next to the access stairway a weatherproof panel is installed with pushbuttons for starting and stopping the diesel engine. In order to reduce the crane's locally generated exhaust emissions, the diesel engine can be operated with synthetic paraffinic fuels (HVO or XtL in accordance with EN 15940).
  The Ultracapacitors are located in a rack in a separate room of the superstructure.
  1. EXHAUST AFTER-TREATMENT
    The crane is equipped with an SCR (selective catalytic reduction) exhaust after-treatment system in order to meet the limits of the latest emission standards US EPA Tier 4f and EU Stage V. Tanks for the diesel exhaust fluid (DEF/AdBlue) required for the SCR system are integrated in the diesel-generator arrangement and can be filled via filler necks located at the outside. Please note that low-sulphur diesel fuel with a sulphur content of max. 15 ppm is required to operate the engine.
‌SUPERSTRUCTURE
The superstructure is a torsionally stiff welded steel load-bearing structure designed to carry all the forces and moments occurring in crane operation. The superstructure has two floors and houses all electrical and mechanical components like hoists, slewing gear and the pressure oil unit, provides sufficient room for easy maintenance access and protects the environment from noise emissions. The crane control including the electrical control and monitoring systems is located in a separate room of the superstructure. At the rear side the counterweight is installed.
Integrated in the superstructure, a safe access from the chassis platform is provided.
The superstructure is illuminated with LED lamps, half of which serve also as emergency lighting.
1. ‌PROTECTIVE HOUSING
  The protective housing protects all components from environmental influences; it also protects the environment from noise emissions. The rope outlet on the roof of the superstructure is protected against ingress of rain and dust by means of rubber seals. Water ducts are provided for rainwater removal.
  The side walls can be removed easily for replacement of individual drive units.
  1. COMMUNICATION SYSTEM
    The Mobile Harbor Crane is equipped with a communication system having headphones and microphones, which can be connected in:
    - the diesel-generator room
    - the machinery room for the hoist(s) and pressure oil unit
    - the machinery room for the slewing gear
    - the electrics room
    - the chassis driver cab
    - the tower cab
      The system is supplemented with external loudspeakers and an amplifier with microphone in the tower cab.
  2. VENTILATION SYSTEM
    The superstructure is provided with forced ventilation. In the upper part of the tower above cab level fresh ambient air is sucked in and introduced into the superstructure via an airduct inside the tower. In the superstructure, the air is distributed to all relevant places inside the machinery rooms to cool the machine units. In case the crane is equipped with an on-board diesel-generator set at the chassis, an airduct also provides combustion air for the engine. The heated exhaust air is removed in an upward flow through the closed tower and escapes via air outlet openings. The exhaust air from the diesel-generator room escapes via air outlet openings in the diesel-generator room.
    The slight positive pressure in the superstructure minimises the dust load on the drive units.
2. ‌HOIST
  The hoist assembly has modular design and comprises a three-phase motor, a multi-disc brake, a planetary gear with a back gear and a single-layer rope drum.
  The rope drum, the reduction gear unit and the hoist motor are arranged in such a manner that all the maintenance points are easily accessible.
  The hoist ropes are coiled in one layer on the rope drum in order to keep wear low. The rope ends are connected directly to the hook rotator, i.e. hook speed equals rope speed.
  A horizontal load path during luffing is achieved by triple reeving of the ropes between tower and boom head.
  The hoist gear unit is equipped with a recirculating oil lubrication system.
  The hoist is braked electrically by the hoist motor. When the hoisting speed is near zero, the spring-loaded hydraulically released multi-disc brake is applied automatically. This brake also acts as an emergency brake in the event of a power supply failure.
  The electric motor is a frequency-controlled three-phase asynchronous motor. The hoist motor is regulated by an IGBT inverter. The frequency-controlled drive system provides smooth acceleration and deceleration of the hoisting motion. It thus protects the mechanical components and the steel structure from fatigue.
  The maximum possible hoisting speed is automatically increased with reduced load.
3. ‌SLEWING GEAR
  With the slewing gear, the superstructure can be slewed infinitely. The slewing gear has a modular design and comprises:
  - three-phase motor
  - elastic coupling
  - disc brake
  - three-row roller bearing slew ring
  - fully enclosed planetary reduction gear unit.
  The drive pinion of the planetary gear unit engages with the internal toothing of the slew ring.
  1. SLEWING GEAR LUBRICATION
    The slewing reduction gear unit is oil-immersed. The roller bearing slew ring and the toothing are lubricated by means of a central lubrication system.
  2. SLEWING GEAR BRAKE
    The slewing motion is braked electrically. When the slewing gear has been brought to a standstill, the spring-loaded hydraulically released disc brake is applied automatically. This brake also acts as an emergency brake in the event of a power supply failure.
  3. SLEWING GEAR CONTROL
    The electric motor is a frequency-controlled three-phase asynchronous motor. The slewing gear motor is regulated by an IGBT inverter. The frequency-controlled drive system provides smooth acceleration and deceleration of the slewing motion. The maximum slewing speed depends on the boom position and is controlled automatically.
4. ‌LUFFING GEAR
  The boom is luffed in and out by means of a hydraulic differential luffing cylinder that holds the boom in position. The cylinder is mounted below the boom. Brake valves control the cylinder movement. For safety reasons, pipe-break valves are fitted.
  The boom head can be lowered to a convenient working height for maintenance purposes.
  For maintenance work, the valve block on the luffing cylinder can be accessed easily from the chassis platform or a platform on the superstructure.
  1. LUFFING GEAR DRIVE
    The pressure oil unit in the superstructure supplies the luffing cylinder with pressurised oil for its operation.
  2. LUFFING GEAR CONTROL
    Acceleration and deceleration of the luffing motion are controlled smoothly and in an infinitely variable fashion by means of valves and by alteration of the volumetric flow rate of the oil.
5. ‌PRESSURE OIL UNIT
  The pressure oil unit supplies pressurised oil to the luffing gear on the superstructure and to the propping, steering, travel gear and brake systems on the chassis. It comprises:
  - a three-phase squirrel-cage motor
  - an elastic coupling
  - an axial piston pump.
  The axial piston pump has an adjustable oil displacement. The displacement is adapted as necessary during crane operation.
6. ‌CENTRAL LUBRICATION SYSTEM
  The automatic central lubrication system supplies the following lubrication points on the crane:
  - boom root bearing
  - upper and lower pivot point of the luffing cylinder
  - roller bearing slew ring
  - rope drum bearings
  The central lubrication system is installed at an easily accessible point and has an integrated lubricant reservoir. The points to be lubricated are supplied automatically and regularly with a sufficient quantity of lubricant via a pipework and lubricant distributors.
  A second automatic lubrication system supplies the internal toothing of the roller bearing slew ring with lubricant by means of a lubricating pinion.
7. ‌COUNTERWEIGHT
  The counterweight is mounted in a positive-fitting manner in T-rails at the rear of the superstructure.
‌TOWER/BOOM SYSTEM
The high boom pivot point on the tower allows the crane to be positioned very close to the ship without risk to ship freight, ship superstructure or crane components.
The elevated position of the tower cab offers an excellent view of the entire work area and into the ship's hold.
1. ‌TOWER
  The tower is a torsionally stiff, welded steel structure. It has a closed design up to the tower cab. The transmission of forces and moments to the superstructure takes place in a uniformly distributed manner over the entire circumference of the tower. The tower is equipped with an integrated airduct for feeding fresh air from above cab level into the superstructure.
  1. ROPE PULLEYS
    A rope pulley set is provided on the tower head. Rope guides prevent the hoist ropes jumping out of the pulleys. The rope pulleys run in anti-friction bearings and are of a low-maintenance design. Grease nipples are, however, provided for lubricating the bearings.
    The rope pulleys can be accessed easily via ladders and platforms.
2. ‌LUFFING BOOM
  The luffing boom is constructed as a torsionally stiff, welded tubular-lattice structure with two upper chords and one lower chord. The boom comprises the boom root and the boom head, which are connected together by an advanced pin connection that remains immovable even in the long term.
  1. BOOM ROOT BEARING
    The boom root is mounted in plain bearings on the tower. A maintenance platform provides easy, safe access to the boom root bearing.
  2. ROPE PULLEYS
    A rope pulley set is provided on the boom head. The design of the rope pulley set is the same as that of the rope pulley set on the tower head. The distance between the rope pulleys is selected such that load is stabilised below the boom.
  3. CABLE REEL AT BOOM HEAD
    A motorized cable reel is installed at the boom head in order to coil and uncoil the electrical cable for the remotely controlled hook rotator and lifting gear such as automatic spreaders, electro-hydraulic grabs or magnetic lifting devices.
    The cable reel is torque-controlled for an automatic slack cable adjustment and the prevention of shock loads on the cable. Thus the cable service life is increased.
3. ‌ACCESS TO TOWER CAB
  Weather-protected access to the tower cab is provided via the fully enclosed tower. The tower cab can be reached easily via wide, safe stairways having a stair angle of 50°. Spacious platforms facilitate maintenance work.
‌TOWER CAB
The crane operator controls all the functions of the crane from a spacious, ergonomically designed tower cab. Large windows and the cab position high on the tower provide an excellent view of the work area and the ship's holds.
The tower cab is made of steel plates and sections which are protected against corrosion in a salt-laden, marine environment by a tried-and-tested paint finish. The tower cab is fitted with safety glass windows. The roof light and the door window are coated with a special dark-tinted film that provides protection from the sun and reduces light reflections. The windows are arranged in such a manner that they are easy to clean from inside and outside. The near-silent ventilation system with its air outlets on the windscreen and side windows and in the footwell ensure the windows do not mist up.
The non-glased surfaces in the cab are panelled with a material which is heat and sound insulating. The dark, carefully matched colour scheme inside the cab minimises reflections from the windscreen. A number of practical and ergonomic features make the tower cab a pleasant place to work:
- windows of tinted safety glass
- a floor window
- sound and heat insulating interior panelling
- upholstered operator seat, which is adjustable in the vertical and horizontal directions
- controls and indicators
- air outlets for the windscreen and side windows and the footwell
- infinitely adjustable sun blinds on the side windows, rooflight and windscreen, and on the door
- automatic heating and climate control system
- near-silent ventilation system with electric heater
- wiper/washer system for the front and roof windows
- interior lighting
- electric socket including USB socket
- electric horn
- internal and external communication system
- ashtray
- radio with Bluetooth connection.
1. ‌CONTROLS AND INDICATORS
  The controls and indicators for all crane functions are located in control panels on both sides of the operator seat and on the Visumatic®.
  The controls comprise light switches and control levers and switches for all main and auxiliary crane functions.
2. ‌VISUMATIC® – CRANE MANAGEMENT SYSTEM
  Konecranes Gottwald Visumatic®, Konecranes crane management system, displays all the crane functions in a structured, easy-to-understand form on a monitor near the crane operator seat. The individual functions are indicated by coloured pictograms and are selected with function keys on the monitor.
  All the data required for operating and monitoring the crane are shown on the Visumatic® monitor. These data include:
  - check list with status indicator for crane, travel and propping operations
  - actual and limit values for load, radius and hoisting height
  - wind speed
  - fuel level
  - operating mode (hook, spreader or grab operation)
  - diagnostic messages
  - support for fault finding and remedying
  - indication of remaining operating hours until end of maintenance interval
  - statistics for diagnostic messages and performance data.
‌HOOK ROTATOR
The crane is equipped with a hook rotator, which rotates the hook so that the load can be turned to any desired position from the tower cab. The hook can rotate freely or be locked in position.
The lifting gear comprises a beam from which a ramshorn hook equipped with safety catches is suspended by means of a universal joint. The hook, which is mounted in roller bearings, is remote-controlled from the tower cab. It is infinitely rotatable.
The electro-hydraulic hook rotator comprises an electric motor, a hydraulic pump, a hydraulic motor and a gear unit. These assemblies plus the slipring assembly are accommodated in a closed rotator beam and protected from environmental effects and jolts or impacts.
The rotator beam and the rotator are equipped with power supply and remote control connections for spreaders, grabs and other lifting gear.
‌SAFETY EQUIPMENT
The safety devices installed comply with currently applicable EU Directives for mobile cranes. Additional safety equipment further enhances operational safety.
1. ‌SAFE LOAD INDICATOR
  The crane is equipped with an automatic safe load indicator that ensures its safe operation.
  The system indicates the actual load on the hook and the actual radius of the boom. As soon as the permissible load is reached, motions that would increase the load moment are disabled and an audible alarm is sounded in the tower cab.
2. ‌SECURING FOR CRANE TRAVEL
  Before crane travel, the superstructure and chassis must be locked together mechanically and the boom must be in the travel position. When these conditions are satisfied, the slewing gear is switched off and the travel drive enabled.
3. ‌STABILISER MONITORING
  The propping status is monitored. If the crane is correctly propped, the superstructure/chassis locking device can be unlocked and the crane drives can be operated.
  Before the stabiliser pads can be raised into the travel position, the superstructure and chassis must be locked.
4. ‌LIMIT SWITCHES
  The hoisting and lowering motions of the crane are limited by electronic limit switches. In the pre-limit switch range, the speed of the hoisting motion is reduced. When the switch-off point is reached, the hoisting motion is stopped.
  For the electronic limit switch of the hoist, the lifting height is detected by a safety encoder on the hoist drum. This securely detected value is verified in a fault tolerant control system. When the deactivation criterion is reached, the hoist is deactivated through two channels.
  For the electronic limit switch of the luffing gear, the position of the boom is detected by two redundant systems. This securely detected value is verified in a fault tolerant control system.
5. ‌SAFETY VALVES
  The jack and luffing cylinders are equipped with pipe-break valves that hold the cylinders in position should a leak occur.
  Pressure limiting valves protect the hydraulic circuits from excessive pressure.
6. ‌ANEMOMETER
  An anemometer is located on the tower head. The wind speed is shown on the Visumatic® monitor. If the allowed wind speed is exceeded, an audible alarm will be sounded in the tower cab.
7. ‌EMERGENCY STOP
  In case of danger to staff in the work area or to the crane itself, the motions of the crane can be stopped immediately by actuating an emergency stop switch.
  Emergency stop switches are mounted in the chassis and tower cabs, in all machinery rooms including the diesel-generator room and in the electrics room. When one of these switches is actuated, all crane motions are stopped immediately.
  Further emergency stop switches are mounted at the front and rear of the chassis. When one of these emergency stop switches is actuated, all crane travel motions are stopped immediately.
8. ‌DEADMAN SWITCH
  The function of the deadman circuit is controlled by a switch installed in the crane operator’s seat. It prevents unintentional operation, as the crane drive units only can be activated when someone is sitting on the seat.
9. ‌EMERGENCY DESCENDER DEVICE
  If the stairway in the tower cannot be used, descent is possible along the tower wall using the emergency descender device, which is located on the tower cab platform.
‌ELECTRICAL EQUIPMENT
The main drives of the crane are driven by means of electric motors. This drive concept, which is the most wide-spread and commonly used drive concept in port technology applications, offers the following advantages:
- low operating and maintenance costs
- reliable operation even in continuous, multi-shift operation
- reliable operation under extreme climatic conditions
- long machine-unit service lives with unvarying high efficiency
- easy service and maintenance.
When being equipped with an on-board diesel-generator system, the electric power required for crane operation is generated independently of external power sources. As an alternative, with the external power supply option, the crane can be connected to the shore power supply and operated fully electrically without any tail-pipe emissions.
The three-phase drive system provides smooth acceleration and deceleration of the crane motions and reduces the peak loads acting on the generator. If the crane is connected to the shore power supply, there is a further advantage in that the harmonics are reduced.
This drive system also enables a crane to be easily fitted with a hybrid drive complete with electrical energy storage media.
1. ‌ELECTRICS ROOM
  The closed, lockable electrics room is located in the superstructure. Accommodated in this room are the crane control system and the electric control equipment.
  The electric control equipment is arranged by function groups. All cables, plugs and terminal strips are clearly marked so that maintenance work can be performed easily.
  The electrics room is air conditioned and can be heated, so that moisture problems can be prevented and it is possible to carry out maintenance work safely and reliably in all weather conditions.
2. ‌CENTRAL COMPUTER
  The programmable logic controller of the crane is installed in the electrics room. It detects and monitors all electric signals and diagnostic messages via a bus system. In addition, data is exchanged between the controller, the crane drives and the tower cab via a high-speed bus system.
3. ‌LIGHTING
  The tower cab, all rooms of the superstructure, and the entrances, stairways and platforms are illuminated by LED lamps. Half of these lamps serve also as emergency lighting. Thanks to the installed lighting, it is possible to walk safely on and in the crane, and to perform maintenance work without difficulty, when it is dark outside.
  LED floodlighting is provided for illumination of the work area in night operation of the crane. Lights are mounted on the boom head, below the boom, on the front of the tower and on the rear of the tower.
4. ‌OPERATING HOURS COUNTER
  The operating hours counters record the operating hours of the various crane drives.
5. ‌VIDEO CAMERA ASSISTANCE
  The crane is equipped with a camera system that assists the crane operator during loading and unloading of cargo. The image captured by a video camera on the boom head is displayed on a monitor in the tower cab. The monitor is mounted in a clearly visible position close to the operator seat. Further, a video camera pointing to the rear is installed at the height of the tower cab. The image is displayed on the monitor in the tower cab, enabling obstacles to be recognised in good time.
6. ‌RADIO REMOTE CONTROL
  All the crane functions can be controlled by the radio remote control unit. The control unit is portable, robust and weatherproof. The radio remote control is equipped with displays that show, among other things, the operating mode, radius and lifting capacity. The individual functions are indicated with the same symbols and pictograms as are used on the screen in the tower cab. With the radio remote control, the crane can be travelled and positioned easily from the ground. Miscommunication between the crane operator and ground staff during repair and maintenance work can thus be avoided.
7. ‌REGENERATIVE BRAKING
  For brake processes of the hoist and slewing gear, electrical energy is recovered and made available to other consumers connected to the on-board grid of the crane if these consumers have a simultaneous energy requirement. When being operated electrically from the shore grid, whatever electrical energy is not used by other consumers is fed back to the shore grid and can be consumed by other machines in the terminal, e.g. adjacent cranes. In diesel-electric mode, surplus energy is dissipated in dynamic brake resistors.
8. ‌HOISTING HEIGHT LIMITING
  The Hoisting Height Limiting control feature assists the crane operator when he is operating the hoist manually. If a previously defined upper hoisting height is achieved during a hoisting motion, the system automatically stops the hoisting motion. Hoisting can then be resumed at creep speed. In the same way, during lowering, the lowering motion of the hoist is automatically stopped when the lowest hoisting height is reached.
9. ‌LANDSIDE LOWERING LIMITATION ("SOFT LANDING")
  This control feature helps the crane operator to avoid unintentional lowering of the load on the quay surface with excessive speed by automatically braking the hoist from a previously defined height when lowering on the landside.
‌SURFACE PROTECTION
All load-bearing parts are sandblasted and painted using proven methods. These methods meet the requirements of a salt-laden, marine environment.
‌OPTIONAL EQUIPMENT

The selected options complement the standard equipment and enable the cranes to be adapted to the special requirements of customers.

2205.2 REFRIGERATOR IN TOWER CAB

Inside the tower cab a refrigerator is installed in order to keep food and beverages cold.

2410.2 DIGITAL SERVICE: TRUCONNECT EXPERT MODULE

The crane is equipped with a Konecranes connectivity hardware set consisting of a Konecranes TRUCONNECT® router with built-in software firewall including a Konecranes global data roaming SIM card (private APN). This enables the access option for various digital services if a connection to a suitable local mobile network can be built up.

Once connected, it is possible for authorized Konecranes personnel to access the crane from any computer connected to the internet to provide e.g. fault diagnosis or troubleshooting remotely (Remote Support). Separate agreements apply for the use of Konecranes Gottwald Remote Support.

In parallel, it enables crane data transmission to the Konecranes cloud service. These data can be accessed through the TRUCONNECT data insights feature on the yourKonecranes web platform if respective access credentials to the platform have been given.

The standard TRUCONNECT Basic Module provides data on crane operating status, load data as well as fuel level and consumption information. Moreover, the crane's geographical position can be made visible on a map or satellite view through the GPS functionality integrated in the router.

Further, within the yourKonecranes portal, the TRUCONNECT® Expert Module allows for comprehensive insight to production and diagnosis data including download options.

Accumulation of diagnostic message sources can be monitored to take preventive measures in due time if required. In addition, the detailed message codes can be tracked and filtered for further insight.

A subscription of the TRUCONNECT Basic Module and Expert Module is included.

2512.2 FIRE EXTINGUISHING SYSTEM

The crane is equipped with a fire extinguishing system in the diesel engine room. In the case of fire, the system is activated and it diffuses a harmless extinguishing agent in aerosol form. The system complies with current European and international directives.

2601.4 AUTOMATIC LUBRICATION OF ROPE PULLEY

The crane is equipped with an additional automatic central lubrication system, which supplies the bearings of the rope pulleys on the tower and boom head.

2602.2 AUTOMATIC LUBRICATION ON THE CHASSIS

The crane is equipped with an additional automatic central lubrication system, which supplies the lubrication points of the axles.

2710.2 SPREADER BROMMA EH 5 U

Automatic, telescopic single-lift spreader for handling 20, 30 and 40-foot ISO containers. The spreader is secured to the hook rotator by a bolt connection. Power is supplied via the cable drum on the boom head.

3103.8 EXTERNAL POWER SUPPLY WITH CABLE REEL (4,16 KV)

For feeding the crane with electrical power from the wharfside grid at 4,16 kV level, a motor-operated cable reel is installed on the chassis. The cable reel is fitted with a single cable. The quay end of the cable is not fitted with a plug-in connector. On customer request, a medium voltage connecting plug and a medium voltage socket for the shore mains can be supplied. The incoming voltage is converted into the correct onboard voltage via a dry-type transformer. This transformer is located in a separate compartment in the crane chassis. Connecting crane to the quayside power grid is not included in Konecranes' scope of supply and service due to stipulations in the national and regional regulations in the country of use.

3104.3 TRAILING CABLE LENGTH

The length of the trailing cable coiled on the cable reel allows the crane to travel a distance of up to 100 m from the wharfside junction point.

3108.2 INFEED VOLTAGE OF AUXILIARY POWER SUPPLY

The auxiliary power supply is equipped for a shore voltage of 400 V.

3111.2 SPREADER COMMUNICATION

The communication between the spreader and the crane control system is established via a hard-wired cable connection. The crane control is able to control both singlelift and twinlift spreaders. In case the spreader is equipped with a TTDS system (twin-twenty detection system), its signals can be utilised by the crane as well.

3113.2 EQUIPMENT FOR MOTOR GRAB OPERATION (54 KW)

The crane is equipped for operation of an electro-hydraulic motor grab with rated power up to 54 kW. The motor grab can be attached to the crane hook and rotated by means of the hook rotator.

3117.1 RADIO REMOTE CONTROL FREQUENCY RANGE

The radio remote control provided with the crane is of DECT standard. This standard allows operation in the EU, the US, most countries in Latin America and various other countries in the world.

3118.1 OBSTACLE BEACON

At the boom tip an LED obstacle beacon is provided. It sends out a continuous red light.

Subject to change.

APPENDIX B

Manatee County Port Authority

DEBARMENT, PERFORMANCE and NON-COLLUSION CERTIFICATION RFP# 20231128

Proposer's Organization Name:

I KONECRANES GmbH

Mobile Harbor Crane

By signing this document, I certify to the best of my knowledge and belief that the aforementioned organization, its principals and any subcontractors named in this proposal:

Are not presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from bidding or working on RFP's issued by any governmental agency.
Have not within three years of submitting the proposal for this Proposal been convicted of or had a civil judgment rendered against them for:
1. Fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state or local government transaction or contract.
2. Violating Federal or State antitrust statutes or committing embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and
4. Have not within a three (3) year period preceding this proposal had one or more federal, state or local government transactions terminated for cause or default.
Have not entered into a prior understanding, agreement, or connection with any corporation, firm, or person submitting a response for the same materials, supplies, equipment, or services and this proposal is in all respects fair and without collusion or fraud. The above-mentioned entities understand and agree that collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards.

Failure to provide this certification may result in the disqualification of the Proposer's proposal, at MCPA's discretion.

Name (Print): Andreas Moeller

Title:

Senior Sales Manager

Date:

07th February, 2024

Authorized Signature:

MCPA# 20231128 Rev. 01/10/2024

Page 1 of 1

APPENDIXC

Manatee County Port Authority QUALIFICATIONS AND EXPERIENCE FORM RFP# 20231128

Mobile Harbor Crane(s)

Proposer's Organization Name:

Konecranes GmbH / Germany

Provide a description of at least three (3) similar projects that occurred within the past five years which reflect experience and expertise needed in performing the functions described in the "General Specifications" portion of this RFP. For each of the project examples provided, a contact person from the client organization involved should be listed, along with that person's telephone number and email address.

Project One
Client Name:	Logistec
Client Contact Person:	Colin Jones, General Manager, Projects & Asset Management
Telephone:	(514) 985-2360
E-Mail:	ciones@lo g istec.com
Brief Description of Project
Projects include Port Manatee purchase of two (2) ESP.? cranes as well as Port of Brownsville, TX purchase of two (2) ESP.? cranes. Port of Montreal purchase of one (1) GHMK7608B and JV purchase of one (1) GHMK5506 in Port of Corner Brook, NL. Logistec operates container operations terminals as well as breakbulk, bulk and project cargo locations around North America. Additional contacts: Andre' Dubois, VP Operations Southeast, adubois@lo g istec.com; (941) 232-8863 Pierre Bazinet, Director of Equipment; pbazinet@logistec.com ; (514) 884-1279

APPENDJX C (continued)

Project Two
Client Name:	Tropical Shippinq
Client Contact Person:	Tim DiPietropolo, VP Operations, NVOCCs & Global Logistics
Telephone:	(305) 608-6414
E-Mail:	timd®trooicaI.com
Brief Description of Project
Purchase of one (1) ESP.6 in 2022 and purchase of one (1} ESP.6 in 2023 for their Port of Palm Beach container operations terminal to complement their two (2} existing HMK 260E Gottwald cranes.

Project Three
Client Name:	Port of San Dieqo
Client Contact Person:	Greg Borossay, Principal, Maritime Business Development
Telephone:	(619) 686-6242
E-Mail:	o borossa v@o ortofsandie q o.or q
Brief Description of Project
Purchase of two (2} All-Electric ESP.9 cranes to Port of San Diego's Tenth Avenue Marine Terminal (TAMT}. The new cranes are the first of their kind in North America and is helping the Port improve public health and air quality, a significant milestone in bringing cleaner air to their Portside Communities. The ESP.9 cranes represent the heaviest lift capability of any crane system currently in place on the West Coast- up to 400 metric tons (MT}. Additional contacts: Connie M. LeFevre, (619} 686-6301; clefevre@12ortofsandiego.org

Country	Designation	No. of Units	Customer	Harbor	Year
Antigua & Barbuda	G HMK5506	1	Antigua Port Authority	Port of St. John's	2019
Bahamas	ESP.6	1	APD - Nassau Container Port	Nassau	2022
Brazil	ESP.6B	1	Loxus Graneis	Rio Grande	2023
	ESP.6B	1	Norsk Hydro Brasil	Vila do Conde	2022
	ESP.7	1	Convicon	Vila do Conde	2023
	ESP.7B	1	Unilink	Pecem	2023
	ESP.8	1	Progeco	Fortaleza	2022
	ESP.8	1	Progeco	Fortaleza	2022
	ESP.10	1	Superterminais	Manaus	2021
	ESP.IO	1	Superterminais	Manaus	2021
	ESP.10	1	Superterminais	Manaus	2021
	G HMK4406	1	Brandao Filhos	Fortaleza	2022
	G HMK4406 B	1	Norsk Hydro Brasil	Sao Francisco do Sul	2021
	G HMK4406 B	1	MEGA	Outeiro	2021
	G HMK4406 B	1	Norsk Hydro Brasil	Vila do Conde	2021
	G HMK 6507 B	1	Rocha Log.	Paranagua	2019
Canada	G HMK5506	1	Corner Brook Port Corp.	Corner Brook/ NF	2019
	G HMK 7608 B	1	Logistec	Montreal	2021
Chile	ESP.6	1	Puerto Coquimbo	Coquimbo	2021
	ESP.6	1	Puerto Coquimbo	Coquimbo	2021
	G HMK 6407	1	Comparifa Portuaria Mejillones	Mejillones	2020
	G HMK8410	1	Comparifa Portuaria Mejillones	Mejillones	2020
Colombia	G HMK 8512	1	Contecar	Cartagena	2020
	G HMK8512	1	Contecar	Cartagena	2020
Ecuador	G HMK 7508	1	Terminal Portuario de Manta	Manta	2019
	G HMK 8410	1	Yilport Konteyner Terminali	Bolivar	2019
	G HMK8410	1	YiIport Konteyner Terminali	Bolivar	2019

Legend: Generation S·

(diesel-electrically driven)

G HMK = Mobile Harbor Crane G HSK = Portal Harbor Crane

G HPK = Harbor Pontoon Crane

Generations 1-4:

HMK = Mobile Harbor Crane HSK = Portal Harbor Crane HPK = Harbor Pontoon Crane E = Diesel-electric drive

Country	Designation	No. of Units	Customer	Harbor	Year
Guatemala	G HMK 8410	1	Yilport Konteyner Terminali	Puerto Quetzal	2019
	G HMK8410	1	Yilport Konteyner Terminali	Puerto Quetzal	2019
Guyana	ESP.6	1	Muneshweres	Georgetown	2022
	ESP.6	1	Muneshweres	Georgetown	2022
Haiti	G HMK 6407	1	Unicaf	Port au Prince	2019
	G HMK6407	1	Unicaf	Port au Prince	2019
Jamaica	G HMK 8510	1	Kingston Wharves	Kingston	2021
Mexico	ESP.9	1	Grupo CICE	Veracruz	2022
	ESP.9	1	Grupo CICE	Veracruz	2021
	G HMK5506	1	APM Terminals	Merida	2019
	G HMK8512	1	Terminal Internacional de Manzanillo	Manzanillo	2022
Netherlands Antilles	ESP.7	1	Port St. Maarten	Port St. Maarten	2022
USA	ESP.6	1	Tropical Shipping	Palm Beach	2023
	ESP.6	1	Tropical Shipping	Palm Beach	2021
	ESP.7	1	Logistec	Brownsville/TX	2023
	ESP.7	1	Logistec	Brownsville/TX	2023
	ESP.7	1	Logistec USA	Manatee/FL	2021
	ESP.7	1	Logistec USA	Manatee/FL	2021
	ESP.9	1	Port of San Diego	San Diego/CA	2022
	ESP.9	1	Port of San Diego	San Diego/CA	2022
	G HMK 6407	1	Panama City Port Autority	Panama City/FL	2020
	G HMK6507	1	Georgia Port Authority	Savannah	2019
	G HMK 6507	1	Georgia Port Authority	Savannah	2019
	G HMK 6507	1	Port of Brownsville	Brownsville/TX	2019
	G HMK6507	1	Port of Brownsville	Brownsville/TX	2019
	G HSK 6548 B	1	Globalplex	Port of South Louisiana	2020
	G HSK6548 B	1	Globalplex	Port of South Louisiana	2020

Legend: Generation 5:

(diesel-electrically driven)

G HMK = Mobile Harbor Crane G HSK = Portal Harbor Crane

G HPK = Harbor Pontoon Crane

Generations 1-4:

HMK = Mobile Harbor Crane HSK"' Portal Harbor Crane HPK"' Harbor Pontoon Crane E "' Diesel-electric drive

Total Number of Units: 54

Legend: Generation 5·

(diesel-electrically driven)

G HMK = Mobile Harbor Crane G HSK == Portal Harbor Crane

G HPK == Harbor Pontoon Crane

Generations 1-4·

HMK == Mobile Harbor Crane HSK == Portal Harbor Crane HPK == Harbor Pontoon Crane E == Diesel-electric drive

VP/GM SERVICE/PARTS SCOTT LANE

Konecranes US Service & Parts Organization

KONEGRANES I GOTTWALD

Service Sales Mgr Carl Walters

Service Ops Mgr Jason Dupont

Parts Sales Mgr Craig Brandes

VIT Branch Mgr Patrick Weasley

lntermodal Mgr Matt Hattfield

Warranty Mgr Ty Smalley

Kansas

Tim Englehardt

7 CSR's

Service Planner Lauren Gerber

lntermodal Service Sales Matt Hattfield

Memphis Matt Hattfield

MHC Service Sales

Andrew Tucker

South America Service Sales TBD

MHC Branch Mgr

Andrew Tucker

Region Adm Robert Pickens

Mobile harbor cranes © 2017 Konecranes. All rights reserved. KONE0RANES

SERVICE LOCATIONS KONEC!RANES I GOTTWALD

* Permanent Locations

•
35 Port Technicians ""
3 MHC Specialist based in Savannah, GA·•
1 MHC Specialist based on Houston, TX _...
1M1HC Specialist based in Veracruz, MX .,.
3 MHC Specialists based in Louisiana Ah.
-r-
Mobile harbor cranes , • <1:1 2017 Konecranes. All rights reseived. KONE0RANES

SERVICE SUPPORT KONEC.,RANES I GOTTWALD

Frontline: Konecranes Regional Port Service office in Savannah, GA
1st Tier Support: Konecranes MHC Branch Technicians
2nd Tier Support: Global Service Team in Dusseldorf
Remote assistance via KC TruConnect available for immediate troubleshooting
Port Service head quarters in Savannah, GA that houses port service specialists
Konecranes Service Location in Mexico covering Latin, Central, and South America.
Technicians in USA available to travel onsite within 24 hours

4 Mobile harbor cranes © 2017 Konecranes. All rights reserved. KONEtRANES'

KONEC..RANES' I GOTTWALD
MHC SERVICE TECHNICIAN PROFILES 1
Mr. Andrew Tucker - Field Service & Sales, Branch Manager MHC (Savannah, GA)
More than 10 years with Konecranes in various roles supporting Konecranes Port Solutions operations.
Norman Casteel - PLC Engineer/Field Services Technician (Savannah, GA):
More than 15 years experience in instrumentation and controls. Associates in Electrical Engineering and Industrial Systems and multiple national recognized certifications including Siemens, Allen Bradley, ABB, and E&H. Also possess multiple certifications from technical college. 5 years experience with port cranes including MHC's, RTG's, and STS's. Bilingual in English and German.
1. Mobile harbor cranes <!> 2017 Konecranes. All rights reserved. KONE RANES
  
  KONEC...RANES' I GOTTWALD
  MHC SERVICE TECHNICIAN PROFILES 2
Mr. Rafael Rosales - Branch Manager, Senior Field Service Engineer (Americas): B.S. Electromechanical Engineering.
Over 20 years of electronics, mechanical and hydraulic troubleshooting and repair. Advanced automation systems PLC experience. Fluent in Spanish and English. Prior to working for Konecranes Gottwald Rafael maintained the cranes for ICAVE and CICE (Stevedores in Veracruz, Mexico)
Brandon Amspaugh - Field Services Technician (Savannah, GA):
2 years experience with port cranes including MHC's. Experience with both mechanical and electrical crane systems.
1. Mobile harbor cranes C 2017 Konecranes. All rights reserved.
  
  KONEC.,RANES' I GOTTWALD
  MHC SERVICE TECHNICIANS PROFILES 3
James Stanton - Field Services Technician (Belle Chase, LA):
Retired from the US Navy with Over 20 years experience with Hydraulics, Pneumatic, and Mechanical as a Structural Mechanic on Aircraft. Over 12 years experience with electrical motor controls, AC/DC drives trouble shooting with 6 years in overhead cranes and 4 years with Ship to Shores. 2-3 years with Konecranes Gottwald. Over 8 years working with Siemens pie software.
Associates of Science in Information Technology from Kaplan University.
Mr. David Harrison - Field Service Technician (Houston, TX):
Over 20 years of crane troubleshooting, maintenance, and repair experience. Over 28 years of electrical and instrumentation experience. 20 years of experience with Konecranes, Peiner, Noel, Davy Morris, KranCo, Paceco, lmpsa and Sardella cranes (STS and RTG container cranes). David has worked for the Port of Houston Authority from 97-03 (6 yrs.) then APM Terminals from 03- 15 (12 yrs.). Attended Brazosport College and Alvin Community College receiving two MS degrees. One degree is Industrial Commercial Electricity and the other is Electronic Technology. David has worked with various drive systems both AC and DC (Siemens, Valutrol, S21, DC300, DC2000, Dynac, Dynahoist, Vacon) and also has worked with various PLC systems (Step?, Step5, LM6, GE9030, GE9070, SoMachine).
1. Mobile harbor cranes © 2017 Konecranes. All rights reserved. KONEC.,RANES
  
  KONE�RANES"I GOTTWALD
  MHC SERVICE TECHNICIANS PROFILES 4
Nick Johnson - Field Services Technician (New Orleans, LA):

- 1-2 years with Konecranes Gottwald. Experience with both mechanical and electrical crane systems.

Mobile harbor cranes 0 2017 Konecranes. All rights reserved. KONEC.,RANES

TRUCONNECT®JTELESERVICE
TRUCONNECT® - HARDWARE ARCHITECTURE
KONEvRANES' I GOTTWALD
- Router with SIM card provided by Konecranes
  High speed with new cloud service and data transfer strategies
- Bi-directional remote access functions via KC server structure
- Customer portal "yourKonecranes"
  - unites various functions and services
Mobile harbor cranes @ 2017 Konecranes. All rights reserved. KONEC.,.RANES

TRUCONNECT® - Implementation model 4

Machine information
- Toget generalinfonnation
  Health
  SimpleTOS
  Performance
  
  Container Tracking
  Efficiency
- Planned IDbefree of charge
Insight
- Toget a,deeper knowledge of operation (e.g. to be fasts-, safer o.rID bum less resourt:eS)
Cost
- Tobeawareaboutairrent: fees, costs per move
Maintenance
- Tooptimizeavailablityand
  reduce downtime
Logistic Interface
- M2M integration
  
  December 10, © 2018 Konecranes. All rights
  2019 reseived.
  
  Truconnect
  
  Remote Assistance Planner
  Condition Monitoring
  KONEtRANE IGOTTWALD
  D!gltalseNi<e
  
  yourKonecranes for MHC - Live view
  
  YOURKONECRANES
  (!) '"'lOn 8
  8Assets
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  SPARE PARTS SUPPORT
  KONEC.,RANES' I GOTTWALD
Approx. 5,000,000 USO inventory value in the US located in Watertown, WI
65% of orders will be shipped within 24 hours from KC-US warehouse
Spare Parts with a weight of less than 1501bs will be shipped overnight
KC USA has 7 Customer Service Representatives dedicated to our customers
Full service and manufacturing facility in Watertown, Wisconsin
- Capable of and competent with manufacturing of gears, wheels, shafts, etc. when emergency repairs/parts are needed.
  
  12 Mobile harbor cranes @ 2017 Konecranes. All rights rese1Ved. KONEC.,RANES
  
  TECHNICAL TRAINING KONEvRANE5I GOTTWALD
Maintenance training provided either:
- Onsite for up to 10 engineers in a 2- week classroom course
- At factory in Germany for up to 4 engineers in a 2-week classroom course
Maintenance and hands-on training provided with every crane commissioning and a duration of 3 days

13 Mobile harbor cranes I!) 2017 Konecranes. All rights reserved. KONEC.,RANES

OPERATOR TRAINING
A 2-week crane operator course can be offered onsite using the commissioned crane for up to 4 operators and candidates
We also offer a portable simulator for operator training/ evaluation
Introductory operators session will be provided with every crane commissioning
KONE<.,RANES' I GOTTWALD

14 Mobile harbor cranes © 2017 Konecranes. All rights reserved.

SIMULATOR TRAINING KONE<.,RANES' I GOTTWALD

Gaining benefits from many advantages:
Get familiar with machine characteristics prior to delivery
Safe training method without danger of real accidents or damages
Cost-effective training whilst real equipment remains available for business operation
Simulation in various scenarios including extreme weather conditions and emergency situations
Performance training for all kind of cargoes and load-handling devices

Certificate of Insurance

ZU•RICH

NOTE: This certificate of Insurance neither affirmatively nor negatively amends, extends nor alters the coverage afforded by the policy or policies numbered in this certificate.

Zurich Insurance Europe AG, Finland Branch

(herein called Zurich)

Zurich certifies that the following insurance policies have been issued to:

lnsured(s) Konecranes pie and its subsidiaries, including

Konecranes GmbH, Germany

Additional insured(s) Principal/Employer (the Owner) and/or Contractors and/or Subcontractors and/or Suppliers according to the contractual arrangement.

Insured activities The policy covers the Construction, Erection, Installation, Maintenance and Overhauling contracts undertaken by the Insured of the insured Konecranes companies. The coverage is valid for each project from the commencement of work at site, until take over of respective project after the erection is completed (Section I and 11, Material Damage and Third Party Liability

Coverage Comprehensive Project (CP) Insurance
Section 1 - Material Damage
Section 2 - Third Party Liability Terrorism Excluded;

Policy number 11325

Policy period 01.10.2023 - 30.09.2024

Extended 24 months

maintenance

Sum Insured SECTION I - MATERIAL DAMAGE

Contract Works and Temporary Works, the Contract Value of each site, max:

SECTION II - THIRD PARTY LIABILITY max.

10 000 000 EUR

1000 000 EUR

Territory Germany

Place and date Helsinki, 18.01.2024

Z,ric Rnland s,ancS

anoff CEO

Zurich Insurance Europe AG, Finland branch

Registration No.: Fl1996555-8

Postal address: Eteliiesplanadi 22 A, Fl-00130 Helsinki Telephone: +358 9 6866 630

Zurich Insurance Europe AG

a public limited company incorporated in Germany Registered seat Platz der Einheit 2, 60327 Frankfurt a.M. Register Court of Frankfurt a.M., HRB 133359

DI

CERTIFICATE OF INSURANCE

General and Products Liability Insurance

Certificate Holder:

To Whom It May Concern

Policy Number Policy Holder

Insured

Additional Insured Insurer

Type of Insurance Territorial Scope Limits of Indemnity

110-08268684-30030

Konecranes Pie. Koneenkatu 8

FIN - 05801 Hyvinkaa Finland

Konecranes GmbH

HDI Danmark Langebrogade 3F

DK-1411 Copenhagen K Denmark

General and Products Liability World wide

Bodily injury and/ or property damage combined:

EUR 10.000.000

per occurrence and in the annual aggregate

Including;

Professional Indemnity EUR 10.000.000

per occurrence and in the annual aggregate

The limits of Indemnity are limited in respect of particular types of coverage.

Policy Period

Inception Date: Expiration Date:

pt of Oct., 2023, at 00:00 CET 30th of Sept., 2024, at 24:00 CET

Copenhagen, Tuesday, 22 January 2024 HDI DANMARK

The certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policy described above.

Limits shown may have been reduced by paid claims.

HDI Danmark,

Langebrogade 3F. DK-1411 K0benhavn K CVR.nr. 37 27 62 51

Telefon: +45 33 36 95 95

Danske Bank IBAN DK9530000011789501 Konto nr. 3001 11789501

HQI Danmark,

Dansk filial af HDI Global SE, Tyskland. HDI-Platz 1

30659 Hannover, Germany

i:. : osean Group SE Box 687

Fl-o 0101 Helsinki

Certificate Of Insurance

Helsinki, 19/01/2024

This certificate of insurance (COi) is issued to certifythat the below policyholder has taken out the following insurance policywith Chubb European Group SE, Danish branch.

CHUBB

This COi summarizes the key aspects and conditions of the insurance policyobtained bythe Policyholder.

Policy Number: FICGIA03832

Policyholder: Konecranes Plc

Co-Insured:

Policyholder and all its subsidiaries, affiliated companies, entities and individuals employed bythe Policyholder or its subsidiaries, in Finland and abroad, which exist on the inception date of this insurance and may hereafter be owned, created, constituted or acquired or activelymanagement controlled, and any other partyin interest that is required bycontract or other agreementto be named, alloverthe world, hereafter named or referred to as the Insured or Assured.

Certificate Holder:

Konecranes GmbH Borstelmannsweg 109-115 DE-20537 Hamburg

Type of Insurance: Marine Cargo Insurance

Policy Period: 01.10.2023 - 30.09.2024 (Both days included)

Geographical Area:

Worldwide, includingtransports between thelnsured'slocations andsites, including connecting convetances and all transshipments and transports using insured own conveyances, however, the policy is excludingtransportto, from, via, within or between ports and/or places in: Countries and/or territories that are subjectto sanctions bythe United Nations(UN) and/or the United States of America (USA) and/or the European Union (EU); and Cuba, Iran, North Korea, Venezuela, North Sudan,, Syria, Russia, Belarus, Crimea, Luhansk and Donetsk regions of Ukraineand always subjectto Sanction Limitation and Exclusion Clause (JC 2010/014).

Shipments to/from/via/within South Sudan, Afghanistan, Libya, Iraq, Myanmar (Burma) Somalia, Democratic Republic of Congo are to be cove red subject to pre-shi pmentapproval from the insurer.

Transports within Ukraine are also excluded, however transports to/from Ukraine, during the goods are outside of the Ukrainian borders are covered by this policy.

Any Joss or damage and cost or expense related to an eventthat occurs within the borders of Ukraine will not be covered by this policy.

Limits of Indemnity:

EUR 10.000.000 or equivalent value each and everyloss per conveyance or storage and subject tosub limits as stipulated hereunder

Sublimits:

EUR 1.000.000 Exhibitions/Demonstrations/Fairs anyone loss EUR 1.500.000 Debris removal

EUR 200.000 Replacement byair, maximum 20% of the insured value.

Chubb European Group Sil, branch nFinland, is registered with the Registry of the National Board of Patents and Registration of Fmlandwith the corporate registration number 1855034-2, and the visiting address Mannerheimintie 16 A 9, 00100 Helsinki Ombb Enropean Group SE is an undertaking go,.,rned by the provisions of the Rauh insurance code wilh regislrationnumber 450 327374 RO'l Nanterre and the followingregistered office: LaTour Girpe Diem, 31 Place des Coniles, E'PlanadeNord, 92400 Courbevoie, Fmnce. Chubb European GroupSEhasful\ypaid shareCll'ital m€896,176,662and issupervised bytheAuloritede conn-Ille prudentielet de reoulution (ACPIO 4, Place de Budapest, CS 9!459, 75436 PARIS CEDEX 09. Tue branch's operations are alou subject tosupervision theFinni,n FSA (Finam,ivalvcntafFinansinspektionen)

EUR 150.000 Additional Forwarding Clause, maximum 10% of the insured value

EUR 1.000.000 Intermediate/Intentional Storage EUR 1.000.000 Consignment Storage

CH LIB s· Terms & Conditions: As per latest sent policy document in accordance to the policyperiod.

This COI is issued as a matter of information onlyand confers no rights to the holder other than those eventually provided bythe policy.

This COI neither affirmatively nor negatively amends, extends nor alters the coverage afforded bythe policy, which will be bindingin all cases.

Note that this COI evidences the existence of the policies valid at the point in time the COI is signed/issued and that a policymay have beenchanged or even terminated thereafter.

Chubb's core operating insurance companies maintain financial strength ratings of AAfrom Standard

& Poor's and A++ from AM. Best.

Chubb's parent companyis listed on the New York Stock Exchange (NYSE: CB) and is a component of the S&P 500 index.

Chubb European Group SE

Michelle Biatingo Abellar on behalf of Guntac Kaki

Chubb European Group Sil, branch in Finland, is registered with the Registry of the National Board of Patentsand Registration of Finlandwith the corp,rateregi strati on nwnber 18550 -2, andthevisiting address Mannerheimintie 16 A 9, 00100 Helsinki <lmbb &u-opean Grrup SE is an mulertaking governoo by the provisions of the lteruh insurance codewilh registration number 450 327374 RCS NantetTeand the fullawingregist,red office: LaTour Carpe Diem, 31Place des Corules, E!planade Nord, 92400 Courbevoie, France. Owbb &lropean Gn>_up_5E hao paid share capital m€896,176,662and is supervised bytheAutoritide contrlie pnidentielet de rb,lution (ACPR) 4, Place de Budapest, CS 92459, 75436 PARIS CEDEx:09. The brandt's operations are auo subject tosupervision theFimruh FSA (Finansoivalvonta/Fmansinspektionen)

BU MHC organizational set-up

Business Unit Mobil Harbor Cranes llt

HSE - Manager

Gunnar Kant

Int. Welding Eng. J6rg St6tzel-Lucas

Heribert Barlage "fiN

KONEC,RANES

APPENDIX D

Manatee County Port Authority COST PROPOSAL FORM RFP# 20231128

Mobile Harbor Crane(s)

(Rev04_12.02.2024)

Proposer’s Organization Name:

KONECRANES GmbH

Provide three prices:

One price* for one fully assembled crane assembled and delivered per RFP. The “Total Price of Crane” shall be the sum of the base price, shipping cost, fully erected, with all the specifications as listed in the RFP.
One price* for the option of a second crane ordered within three (3) months of the first crane with the same specs as the first crane. Both cranes, Crane 1 and Crane 2, will be shipped in one lot.
The cost of extending the initial warranty period by an additional 12 full months.

a) Price of Crane #1

$ 5,245,964

b) Price of Crane #2

$ 10,007,188

c) Extended Warranty

No extra cost

(*) The above-mentioned USD price is a fluctuating price based on a firm EUR price. The USD price is for reference purpose only and was calculated using the exchange rate published by the European Central Bank (ECB) on the 09.02.2024, EUR 1 = USD 1.0772. The final contracted USD price will be calculated using a foreign exchange rate (USD / EUR) based upon the aggregate of the “USD/EUR foreign exchange reference rate” as published at 2:15pm (Central Europe Time) under http://www.ecb.int/stats/exchange/eurofxref/html/index.en.html by the ECB latest on the second trading day following the signing of the said Contract and the appropriate FX forward points as obtained at the time of fixing from a reputable FX trading bank of the SELLERs choice.

MCPA# 20231128 Page 1 of 1

Rev. 01/10/2024

Comments (Commercial} to Tender

Manatee County Port Authority RFP# 20231128

Mobile Harbor Crane

IOrganization Name: I Konecranes GmbH

RFP Section &

Paae Number

Comment

RFP Definitions/ Acronyms & Page 5

Delivery and Acceptance

We would be glad to discuss with you a staggered payment schedule instead a full payment after delivery be introduced in the

terms & conditions.

PART II M. Delivery Date/Method & Page 10

We would be glad to discuss to introduce a regime using a CAP on

Liquidated Damages and those LD's to be the only remedies for late delivery.

PART II M. Delivery Date/Method & Page 11

We would be glad to discuss the delivery term, as it is quite difficult to deliver the crane under DDP, due we are not importer of the records, a solution would be if MCPA becomes the importer of the records and pay the import taxes which may applicable.

We also would like to inform that lncoterms 2023 is not a valid a change in lncoterms 20 would correct this.

PART VI B. 1.

Standard Provisions & Paae 17

We would be glad to discuss with you a staggered payment schedule instead a full payment after delivery be introduced in the

terms & conditions.

PART VI B. 2.

Warranty & Page 17

We would be glad to discuss the matter that all defects to material

and workmanship have to be remedied and the refund of the Purchase Price, and as a sole discretion the repair or replace. Furthermore, the limitation of warranty for defects remedied shall be a one off warranty for 12 month where the overall warranty be no longer than the overall warranty for the crane.

Additionally, we would be glad to discuss the assignment of the manufacturer's warranties to the suoolier.

Offer 18185

Version 4

One or two ESP.7 Mobile Harbor Crane for

Manatee County Port Authority (MCPA)

Manatee County Port Authority 300 Tampa Bay Way Palmetto 34221	Attention:	Mrs. Denise Stufflebeam, Senior Director of Business Adminstration & Finance
United States	Subject:	Offer for Konecranes Gottwald ESP.7 Mobile Harbor Crane
		for Manatee County Port Authority
	Offer version:	4

Düsseldorf, 12 February 2024

DEAR MRS. STUFFLEBEAM,

We thank you for the opportunity to offer the ESP.7 Mobile Harbor Crane for your port in Manatee, Florida.

Konecranes is the world’s leading company in Mobile Harbor Crane technology marketed under the Konecranes

Gottwald product name. We have delivered over 2,000 Mobile Harbor Cranes to more than 100 countries.

The ESP.7, that we are proud to offer you today, is designed for cargo handling to serve vessels up to post-Panamax class. In the two-rope variant, these cranes offer high flexibility when handling containers as well as general and project cargo.

We hope that our offer will meet your expectations. In the view of the comprehensive extend of this offer we would liketo underline our readiness for discussions also in order to give you any clarification you may require.

We look forward to meeting you in person to discuss this offer in detail.

SNAPSHOT MOBILE HARBOR CRANES

2000+

machines delivered worldwide

ELECTRIC

clean electric drive technology, eco-efficiency, energy consumption optimization

SMART

ergonomics and safety, state-of-the-art digital solutions, automated processes

POWERFUL

maximum productivity, high-performance continuous-duty operation, user-friendly operation

For all types of terminals, applications and vessel sizes

Generation 6

Mobile Harbor Cranes

NOMINAL HANDLING RATES FOR BULK CARGO

[tph]

BULK CARRIERS

CONTAINER VESSELS

MAX. RADIUS

COMBINED WITH

RUBBER-TIRED CHASSIS

RAIL-MOUNTED PORTAL

BARGE/ PONTOON

PEDESTAL

MAX. LIFTING CAPACITY

COMPLETE RANGE

For handling container, bulk, general and project cargo andserving all vessels sizes.

MORE THAN 100 COUNTRIES

Terminal operators operate our cutting-edge mobile harborcranes all over the world.

HIGHLY VERSATILE

Mobile Harbor Crane technology on portal or barge for any quay or water operation.

Konecranes offers a broad range of versatile Konecranes Gottwald Mobile Harbor Cranes which are available in various types and variants to provide flexible and economical handling of containers, bulk, general and project cargo to serve vessels of all types and sizes in all types of terminals. With lifting capacities of up to 200 t and working radii of up to 64 m, Konecranes Gottwald Mobile Harbor Cranes and Portal Harbor Cranes, Cranes on Barge and Pedestal Cranes, based on long-year proven Mobile Harbor Crane technology provide reliable and efficient operation on land, mid-stream and on the open sea.

Scope of offer

We are pleased to offer one or two ESP.7 Mobile Harbor Crane according to the Konecranes Gottwald Technical Specifications attached.

MAIN TECHNICAL PARAMETERS

Capacity, radius and dimensions
Maximum lifting capacity	125 t
Working radius	51 m
Tower cab height	28.8 m
Boom pivot point	22.8 m
Working speeds
Hoisting/lowering	0 – 120 m/min
Slewing	0 – 1.6 rpm
Hoist and drive system
Hoist system	HC 125:63
Drive system	DO750-H

STANDARD FEATURES INCLUDED

Our offer includes the following features as standard.

Please refer to document TECHNICAL DESCRIPTION for more detailed information.

Eco-efficient electric drive system
Suitable for handling
- Bulk with grab
- General and project cargo with hook
- Containers with spreader

Modular, innovative on-board drive system
Robust traveling gear with mechanical axle suspension
Lighting system
Technical support

PRICE

For one or two unit(s) ESP.7 according to the Konecranes Gottwald Technical Specifications and including features mentioned above.

One units ESP.7

Free On Board (FOB) Price

4.370.000 €

USD 4,707,364*

Freight Price based on DDP Port of Manatee, Florida

(Shipment of one fully erected crane in tested condition, ready for operation)

500.000 €

USD 538,600*

Total Price

4.870.000 €

USD 5,245,964*

Two units ESP.7

Free On Board (FOB) Price

8.640.000 €

USD 9,307,008*

Freight Price based on DDP Port of Manatee, Florida

(Simultaneous shipment of two fully erected cranes in tested condition, ready for operation)

650.000 €

USD 700,180*

Total Price

9.290.000 €

USD 10,007,188*

*The above-mentioned USD price is a fluctuating price based on a firm EUR price. The USD price is for reference purpose only and was calculated using the exchange rate published by the European Central Bank (ECB) on the 09.02.2024, EUR 1 = USD 1.0772. The final contracted USD price will be calculated using a foreign exchange rate (USD / EUR) based upon the aggregate of the “USD/EUR foreign exchange reference rate” as published at 2:15pm (Central Europe Time) under http://www.ecb.int/stats/exchange/eurofxref/html/index.en.html by the ECB latest on the second trading day following the signing of the said Contract and the appropriate FX forward points as obtained at the time of fixing from a reputable FX trading bank of the sellers choice.

OPTIONAL FEATURES Please refer to document TECHNICAL DESCRIPTION for more detailed information.		PRICE PER UNIT
2205.2	Refrigerator in tower cab	included
2410.2	Digital Service: TRUCONNECT Expert Module (free of charge during warranty period)	included
2512.2	Fire extinguishing system	included
2601.4	Automatic lubrication of rope pulley	included
2602.2	Automatic lubrication on the chassis	included
2710.2	Spreader Bromma EH 5 U (41t)	included
3103.8	External power supply with cable reel (4,16 kV)	included
3111.2	Spreader communication	included
3113.2	Equipment for motor grab operation (54 kW)	included
3118.1	Obstacle beacon	included
EXTRA	ISP – Initial Starter Package (value 35.000€ per crane)	included
EXTRA	Propping Pads (2,4m x 5,0m)	included

Key commercial items

DELIVERY TERMS

DDP Port of Manatee (Incoterms 2020).

Customs duties and charges are included in our price. We assume that MCPA is in possession of a valid Tax Exempt Certificate and therefore, there will be neither sales tax nor import VAT nor any other taxes related to the import of the goods. In case there is any such tax, it will borne by MCPA. Furthermore, since Konecranes GmbH is not registered in the USA, MCPA will act as “importer of records”.

PRICE TERMS

Prices are firm throughout the contractual period. Our prices quoted are based on cash payment conditions. Customs duties and charges are included in our price. We assume that MCPA in in possession of a valid Tax Exempt Certificate and therefore, there will be neither sales tax nor import VAT nor any other taxes related to the import of the goods. In case there is any such tax, it will borne by MCPA.

Starting on 01st January 2024, CO2 emissions from all large ships/shipments shall be covered to reduce the emissions from the shipping sector, which has been decided by the EU.

Webpage Link: Reducing emissions from the shipping sector (europa.eu)

Based on the above mentioned new legislation, shipping companies will charge respective CO2 Emission Trading System Costs

(“ETS Costs”).

ETS Costs mentioned in above Price Table are to be considered as an estimation.

DELIVERY METHOD

The cranes will be delivered fully erected, tested and in OSHA certified condition to the terminal.

DELIVERY TIME

Please refer to the document „D.6. Detailed Project Schedule“ of this tender offer

Ex works Düsseldorf delivery shall be effected after receipt of technical and commercial clarified written order, provided receipt of all due payments and Buyer has timely fulfilled any other obligations due before delivery.

Due to pre-manufacturing of cranes, from case to case shorter delivery times are possible; this matter might be discussed more in detail during contract negotiation.

TERMS OF PAYMENT

25 % of the contract price within 10 days after signature of the contract (1st instalment)

70 % of the contract price on “on-board delivery” at port of shipment against invoice and shipping documents (2nd instalment)

5 % on commissioning or start of commercial use, whatever occurs first, against invoice, however at the latest 3 months after date of bill of lading if commissioning is delayed for reasons beyond our control (3rd instalment)

CONTRACT TERMS

To be negotiated based the Commercial Conditions as attached. Please refer to the attached document “D.1. Commercial Comments to Tender”.

WARRANTY

We warrant that the Scope of Supply shall be free of any defect which results from or is attributable to defective material, workmanship, design (including choice of materials) or manufacturing. We shall be liable for the above warranties only in respectof a defect becoming apparent and having been noticed to us on or before 24 months from the date of the Commissioning Certificate or from the date of commencement of commercial use or 4,000 operating hours of the respective Scope of Supply, whichever occurs first. Warranty is, however, limited to 27 months from the date of bill of lading for the respective delivery, if signing of commissioning certificate is delayed due to reasons beyond our control.

MANUFACTURING ARRANGEMENTS

The crane(s) are manufactured and pre-tested at the Konecranes works in Düsseldorf, Germany.

TRAINING

Standard Konecranes training includes comprehensive theoretical training for two of the Buyer’s staff for two (2) weeks in our Training Center in Düsseldorf, Germany. Local boarding and lodging is included in the contract price. Travel expenses shall be borneand paid by Buyer. One week introduction and trouble-shooting training for harbor personnel at site will be provided, whereas crane operator training and crane simulator training can be provided on request.

VALIDITY

This proposal and the pricing structure contained herein will remain firm for a period of 180 days from the date and time of the bid opening, whereas sea freight cost shall be firm for 45 days, however, subject to the current worldwide COVID-19 virus situation, we reserve our right to adjust the Delivery Time stated above depending on the further development. In such case that we have the need to adjust the Delivery Time, such new Delivery Time will be specified in our respective order confirmation or the contract to be signed by both parties. Furthermore, our offer shall only be binding to us subject to the valid export regulations applicable as well as the approval of the respective export control authorities whenever required.

We are convinced that we will provide a combination of technology, experience and local support that will ensure the best overall return on your investment. Since Konecranes Gottwald Mobile Harbor Crane technology is at the cutting edge and continues to be pacesetting as it is judged not only by crane performance but also by customers that buy from us repeatedly for decades.

Sincerely,

We recognize that this investment is crucial to the success of your port operations and we are looking forward to further discussion and negotiations. Please do not hesitate to contact us whenever a question arises. Meanwhile we remain with best regards.

Andreas Moeller

Senior Sales Manager

Marc Wellenberg

Regional Sales Manager

YOUR CONTACT

Alan Garcia

4912 Old Louisville Road, Suite 302 31408 Garden City, GA, USA Telephone +1 813 240 4103

Mobile +1 813 240 4103

Email alan.garcia@konecranes.com

ANNEXES

Lifting Capacities 18185-TT-04-0
Technical Data 18185-TD-04-0
Technical Description 18185-TB-04-0
General Arrangement Drawing 18185-DC-04-0
Quayloadings 18185-QS-04-0
Commercial Conditions 18185-CC-01-0

Konecranes GmbH

P.O. Box 18 03 43, Forststrasse 16

40597 Düsseldorf, Germany

Tel +49 211 7102 0

Fax +49 211 7102 3650

konecranes.com

Registered office: Duesseldorf, HRB Duesseldorf 99939, Germany

Management Board: Heribert Barlage, Thorsten Petry, Nico Zamzow Chairperson of the Supervisory Board:

Anneli Karkovirta

Tax Reg. No: 106/5715/4206

VAT Reg. No: DE164416080

Bank: SEB AB, Frankfurt, Germany

IBAN: DE63 5122 0200 0031 5130 05 Swift (BIC): ESSEDEFF

The Path to Ecolifting™

Konecranes works for a decarbonized and circular world for customers and society. We are helping to build the means to get there for our customers, step by step. At Konecranes we call this Ecolifting™, a systematic movement towards lower CO2 per container move. Our first major step in this direction was the introduction of our all-electric Automated Guided Vehicle (AGV) over ten years ago. Today, Konecranes factories in Finland use renewable electricity only and we arecommitted to cutting our global emissions in half by 2030. We invite you to join us on this journey. Your carbon footprint is as significant as our own, and it can be smaller. We work hard to help our customers reduce their carbon footprints, wherever they are. There is a difference between seeing the path ahead and walking on that path. Let’s do it together.

DIESEL

CONVENTIONAL

OPTIMIZED DIESEL

HYBRID DIESEL

PURE ELECTRIC

1. CONVENTIONAL DIESEL

Start with the diesel generator set that you are runningon your mobile equipment.

Start using bio-fuel to cut CO2 significantly.

When it’s time for new equipment, or an overhaul of existing diesel gensets, check out the next steps.

2. OPTIMIZED DIESEL

Make your diesel drives as eco-efficient as possible. Scope them into your new equipment with e.g.

Power Drive and Flow Drive for lift trucks or variable speed diesel gensets for container yard cranes.

Or retrofit your existing with fuel-saving systems.

3. HYBRID DIESEL

Step forward by choosing hybrid drives, taking full advantage of the latest technologies.

Hybrids come in many forms, and can use power combinations such as Li-Ion batteries with diesel, or diesel with electricity from the grid.

4. PURE ELECTRIC

Step forward to fully electric equipment. It can be connected to the power grid or run freely with batteries. Or both. Either way, zero tailpipe exhaust is the result.

But it won’t stop here. Konecranes will always be designing

products and services that do more with less.

We thank you for your interest

GLOBALMARKET LEADER

We have the widest and deepest offering in container handling equipment.

KONECRANES IN A SNAPSHOT

90 YEARS OF EXPERIENCE

Our experience in developing high performance handling equipment for ports is going back to the 1930s.

TRUSTWORTHY BUSINESS PARTNER	FOR THE ENTIRE SERVICE LIFE
We are growing	We are service
steadily and financially	partner for more than
solid.	400,000 items of
	liftingequipment of
	different makes.

COMMERCIAL CONDITIONS

Our Offer is furthermore based on our following Commercial Conditions:

PRICE BASIS
DDP port of destination - as the case may be - (Incoterms 2020), including design and manufacture in D0sseldorf.
All levies, dues, taxes, duties and other charges outside Germany are not included. Our prices quoted are based on cash payment conditions.
PRICES
Prices are firm throughout the contractual period, provided that the order is placed within the validity of offer and the delivery will be effected within 12 months after date of quotation.
TERMS OF PAYMENT
- 25 % of the contract price within 10 days after signature of the contract(ist instalment)
- 70 % of the contract price on "on-board delivery" at port of shipment against invoice and shipping documents (2nd instalment)
- 5 % on commissioning or start of commercial use, whatever occurs first, against invoice, however at the latest 3 months after date of bill of lading if commissioning is delayed for reasons beyond our control (3rd instalment)
  The title to the scope of supply shall be retained by us, until the contract price has been completely and irrevocably credited to our accounts in Germany.
DELIVERY
Ex works D0sseldorf delivery shall be effected as per indication in the offer letter after receipt of technical and commercial clarified written order, provided receipt of all due payments and Buyer has timely fulfilled any other obligations - in particular opening of a confirmed and operative Letter of Credit acceptable to us- due before delivery.
In case the Buyer is in delay with any payment or any other obligation due before delivery of the scope of supply, the date of delivery set forth above shall be postponed accordingly and we reserve the right to renegotiate the price and payment terms.

Due to pre-manufacturing of cranes, from case to case shorter delivery times are possible, this matter might be discussed more in detail during contract negotiation.

KONEC,RANES" I GOTTWALD
DELAY OF DELIVERY
Should the scope of supply not be shipped in accordance with clause 4 above by reasons culpably caused by us, Buyer shall be entitled to claim damages of up to 0.5% of the contract price for the respective material for each complete week of delay up to a maximum of 5% of the contract price for the respective material. Any further liability of us to pay damages in relation to delayed delivery shall be explicitly excluded.
BERTHING
Buyer shall be responsible that the vessel nominated by us carrying the scope of supplies will get a "priority berthing" at the unloading berth in the port of discharge. In case the vessel cannot berth and start unloading within 24 hours after having given N.O.R (Notice of Readiness) due to reason(s) beyond control of the vessel and/or the shipping company and/or ours, all arising demurrage/detention charges charged to the us have to be reimbursed by the Buyer.
ASSEMBLY AND INSTRUCTION AT SITE
Quoted price includes final assembly and commissioning as well as one week instruction for harbour personnel at site. Lifting devices required for off-loading and assembly, a telescopic platform, test weights and other auxiliaries such as electricity, water and communication required for commissioning have to be put at our disposal free of charge, if needed.
WARRANTY
We warrant that the scope of supply shall be free of any defect which results from or is attributable to defective material, workmanship, design (including choice of materials) or manufacturing. We shall be liable for the above warranties only in respect of a defect becoming apparent and having been noticed to us on or before 24 months from the date of the Commissioning Certificate or from the date of commencement of commercial use or 4,000 operating hours of the respective scope of supply, whichever occurs first. Warranty is, however, limited to 27 months from the date of bill of lading for the respective delivery, if signing of commissioning certificate is delayed due to reasons beyond our control.
The foregoing warranties shall be honored provided that Buyer sends us written notice of the defect within fourteen (14) days of its discovery and establishes that: (i) the scope of supply has been operated and maintained in strict compliance with our operating and maintenance manuals; and (ii) the defect did not result in any manner from the intentional or negligent action or inaction by Buyer, its agents or employees. If requested by us, Buyer must return the defective equipment or parts to our manufacturing facility for inspection, and if Buyer cannot establish that conditions (i) and (ii) above have been met, then this warranty shall not cover the alleged defect. Failure to give written notice of defect within such period shall be a waiver of this warranty and any assistance rendered thereafter shall not extend or revive it.
This warranty shall not cover any item on which serial numbers have been altered, defaced or removed. Routine maintenance and wear parts are not covered by this warranty and are the sole maintenance responsibility of Buyer. This warranty is limited to the first user and is not assignable or otherwise transferable without written agreement of the manufacturer.
This warranty is expressly in lieu of and excludes all other warranties, express or implied (including the warranties of merchantability and fitness for a particular purpose) and all other obligations or liability on our part. There are no warranties that extend beyond the limited warranty contained herein.
KONE RANE5 I GOTTWALD

We neither assume nor authorize any other person to assume for us any other liability in connection with the sale of our scope of supply. This warranty shall not apply to any of our scope of supply or any part thereof which has been subject to misuse, alteration, abuse, negligence, accident, acts of God or sabotage. No action by either party shall operate to extend or revive this limited warranty without the prior our written consent.
In the event of any breach of the warranty by us, the parties agree that our liability shall be limited exclusively to the remedies of repair or replacement (at our sole discretion) of any defective equipment covered by the warranty, whereby parts and components necessary for repair or replacement shall be delivered by us DAP agreed place of destination Incoterms 2020, which means we bear transport cost and you bear import customs duties and taxes and will act as importer of the records if necessary. In no event shall any repair or replacement of any defective part covered by the our warranty extend the length of the warranty beyond the period specified above.
TRAINING IN OUR WORKSHOPS

Theoretical training for two of the Buyer's staff for one week in our workshops in D0sseldorf, Germany including local boarding and lodging is included in the contract price. Travel expenses shall be borne and paid by Buyer.

INSURANCE
We shall arrange for insurance coverage with leading European insurers on our account in relation to
- marine transport of the scope of supply to the port of destination
- our erection staff
- all damages that may be caused during assembly and commissioning of the scope of supply to third parties by failure of our staff or wrong equipment Handling.

11. GENERAL UABILITY PROVISION

We are only obliged to pay damages in accordance with the Contract if we intentionally or negligently breach obligations owed to the Buyer.

In no event and irrespective of the legal basis (contract, tort or any other area of law) we shall be liable to pay damages to the Buyer for loss of profit or revenue, loss of use, loss of data, cost of capital, down-time costs, cost of substitute goods, facilities, property damage external to the goods and any damage or loss arising out of such damage or any special, incidental, indirect or consequential damage or any of the foregoing suffered by a customer of the Buyer or any third party.

Furthermore, our overall liability for all claims of any kind, irrespective of their legal basis (excluding any obligation arising under warranty to repair or replace any defect) shall in no event exceed in the overall aggregate 30% if the Total Contract Price.

KONE RANE5 I GOTTWALD

Offer 18185 KO EC.,RANES®

Lifting Businesses™

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GOVERNING LAW
The legal relationship between Buyer and us shall be governed by the United Nations Convention on the International Sale of Goods (CISG) in the English version. Questions concerning matters which are not governed by this Convention or which cannot be settled in conformity with general principles, on which it is based, shall be settled in conformity with Swedish Law to the exclusion of its choice of law provisions.
ANTI-CORRUPTION; NO BOYCOTTS

The parties agree that they shall, and that any party retained by Buyer shall, comply with all applicable laws including, but not limited to, laws prohibiting public corruption and commercial bribery. Notwithstanding anything to the contrary contained in any agreement between us and the Buyer or in any other document (including purchase terms and conditions) or instrument relating to the Products, we will not comply with requests related to the boycott of any country or other jurisdiction, except to the extent such boycott is required by or otherwise not inconsistent with United States law and/or European law.

Konecranes GmbH

KONE RANE5 I GOTTWALD

KONEC.,RANES®

Lifting BusinessesN

Features that Reduce Environmental Impact

The ESP.7 can be operated with three different power alternatives:

Using an on-board hybrid drive module consisting of a diesel genset and electrostatic capacitors (Ultracaps) as a secondary energy storage medium

Fully electric via cable and cable reel, including power feedback to the terminal grid.

An advanced lithium-ion battery set for traveling without being plugged in can be installed as an option and as an alternative to a diesel engine gen-set. Besides travelling, actuating the outriggers and the propping cylinders also is possible when running on battery.

The battery unit is sufficiently designed for typical travel distances of mobile harbor cranes within the port. Through the medium-voltage power supply of the crane the batteries are charged.

During lowering and braking phases, the electric drives regenerate electrical energy, which can be used in other parts of the crane needing power at the same time, or be stored and re-used in following working cydes in case of a hybrid system, improving the energy efficiency of the crane. In a fully electrically powered MHC, regenerated surplus energy is fed back into the terminal grid, which significantly improves the energy efficiency of the crane.

The ESP.7 is a manually driven multi-purpose crane, so operating conditions can vary widely, depending on the loads to be lifted, the geometry of the working cycle, the driver's skills etc. Due to these factors, the energy consumption of the crane can vary considerably.

ESP.7 - Energy consumption and CO2 emissions

Onboard d,twe module (learte, ore pow.,,supply ln•ro- Consumption Comparison

nario1

Scenario!_

Energy consumption per cycle 1 (kWh)

Equivalent diesel consumption per

c-,,d•'IY

11,

COiemission per

'}de1[kg]

,,n

Energy consumption percyde 1(kWh)J

3.!!

....½!L

COi emission per

cyde1(kg)2

- !_lariD3

Scenario 4 2t._05

-.!.,S4

..¼?.•

-(;8

Av ! 5.t!!

- "-'-

8nedon■ typical long-tenn ■nag• m4t Ill 24 cyc:lu/hour.Atother rates the toll5iun¢on figures may differ.

Goml average CO;z eniuion fildorVMd, The rul C'Oi emission depends on howsite elect:riclyls generated- use loc:al l'acbn If available.

Onbowdgridvoltige/evel

The ESP is a manually driven multi-purpose crane, so operating conditions can vary widely, depending on the loads to be Dft.ed, the geometry of the working cyde, the drivds skills etc. Due to these factors, the energy consumption of the crane can vary considerably.

To iUustrate this variability, four characteristic working scenarios of an ESP in a single-lift container operation have been chosen. The container mass amsidered is 28 t (2 TEU) and the spreader deadweight is 9 t

Scaiuili l !an■tlD2 SuftarD 3 Scan■rlo 4

dmtmod'ule ■ ,;shorepc,wersupply

COi Emission Camparisan

.,�-------------

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,.,;-1--

,.,H--

,",'

.o+----------------

Scenario 1: V.,thload: Without :
Scanario 2: With load: Without load:

Scenarial: With load: Without load:
Scenario 4: Wllh load: Without load:
Unloading a container from ded< tD quay
10m, slew1.20"", l\lfin 8,5 m, Jower23 m Heist: 23 m, slew 120•, II.If out e,s m, lower 10 m
Loacing a container from quay to deck
Hast 23 m, slew UO-, luff out 8,5 m, lower 10 m Holst 10 m, slew 120•, JulTin 8,5 m, lower 23 m

Unloading a container from hold to quay Hoist 15 m, slew 120°, (ul'l'lnS,5 m, lower 10 m Haist 10 m, slew 120•, hlfout8,5 m, lower 15 m
Loading a container frvm quay to hold
HOist 10 m, slew 120°, luff out 8,5 m, lower 15 m
Haist 15 m, slew 120°, luff' in 8.5 m, lower 10 m

S-.1 Smwfo:Z ScnwlDJ ScfflM04
- OnbouddriYemo ■Ele:micd!Dl'l!po,RrSUpp'y

E::"P.7- 0075!i-H-Ha.25:51 KONE RANE5I GOTTWALD

Offer 1.8185 KONE(,RANES®

Lifting Businesses-

MANATEE COUNTY PORT AUTHORITY - SEAPORT MANATEE COMMENTS TO PART II - SPECIFICATIONS OF CRANE TO BE PROVIDED

ESP.7 MOBILE HARBOR CRANE

ITEM I

SPECIFICATION

KONECRANES GOTTWALD COMMENTS & l

EXPLANATIONS

Chassis Configuration and Load Distribution

Crane must meet capacity requirements (Load Performance) while operating within the load limits for Berths 4, 5, 9, 12 and 14.

Load Rating Maps are posted on the following website: (... )

Minimum load limits of berth 9:

zone I: udl: 450 psf = 2,2

t;m2

all zones: axle load: 32.000 lbs =

14,5t

zone C: pad load: 50.000 lbs =

22,3t

Comments regarding UDL, axle load and pad load of berth 9 only:

The uniformly distributed load (UDL) of the proposed crane ESP.7 is 2,64 t/m2 with an axle load of 65,7 t.

Included in the scope of the offer are propping pads of the size 2,4 m x 5,0 m in order to meet the permissible ground pressure.

Please also refer to our enclosed documents 18185-QS/QN/QC-03-0

Please note that Konecranes-Gottwald Moblle Harbor Cranes ESP.7 are already In operation on all piers In the Port of Manatee.

Amenities

Operator cabin amenities to include:

3. AM/FM/CD/AUX/MP3 Radio Head Unit

The tower cab is equipped with a radio with Bluetooth/MP3 connection, an USB socket as well as an AUX socket.

Equipment for CD is not foreseen.

J. Paint and Markings

With the exception of high-heat components, all areas of the Crane and lifting device rotator to be painted shall be coated with a system appropriate for the marine environment. Paint system and thickness shall be described in detail in an attached document.

The standard coating system of the Konecranes-Gottwald cranes has a thickness of 170 µm. This coating system meets the requirements of ISO 12944--5, corrosion protection class C5-M (very high, marine) as well as durability class M (medium).

Please also refer to our enclosed document 18185-TD-03-0, item 11.0.

Components which are not painted e.g. Stairways, platforms and handrails are sea water resistant.

(hot-dip galvanized according to DIN EN ISO 1461or made from sea-water resistant aluminum)

Subject to technical modification

KONEC.,RANES"I GOTTWALD

1/1

Initial Starter Package ESP.7

18185-ISP-03-0

KONEC.,RANESGI

Lifting Businesses

Recommended parts for a standard configuration of up to 5000 crane hours or an interval after two years at the latest. This starter package include sufficient components to secure the exchange within the listed Service intervals.

18185 ESP.7 Manatee Coon , Port Manatee, Ronda, United States, Gulf and Waterways

Fun9lon Group IComponents IPart IService Interval [1I1] IntervaU latest

•. • _ _ after(yea )•

Standard cart<; and a selection of recommended risk narts divided into comnonents and functionQrouos:
Diesel Engine	Diesel engine	Oil filter: Fuel filter	500	1
		Fuel pre-filter insert; Air intake filter	1000	1
		SCR filter	2000	2
	Synchronous generator	Filter mat	2000	1
Chassisfuel system	Spin-on filter	Filter element	1000	1
Chassisfuel system	Breather filter	Filterelement	2000	1
Driver's cab	Driver's cab	Wiper blade	4000	1
Hoist	Low pressure filter	Filter element	4000	1
Hydraulik system	Breather filter	Filter element	2000	1
	Pressure filter	Filter element	3000	1
	Pump unit	Saddle stub set	5000	6
	Tank filter	Filter element	3000	1
Motor cable reel	Motor cable reel	Brush holder with carbon brush	4000	1
Rotator	Rotator	Carbon brush	5000	5
Rotator	Rotator	Filter element	2000	1
Slewing gear	Slewing reduction gear unit	Breather	3000	1
Slewing gear	Disk brake	Brake lining	5000	5
Tower cab	Tower cab	Filter; Wiper blade	4000	1

Note:

The final scope of delivery depends on the selected crane configuration and will be updated at the time of manufacture.

Date of printing: 18.01.2024

Date of the document template: 18.02.2022

Page 1 of 2 KONEC.,RANES" I GOTTWALD

Initial Starter Package ESP.7

18185-ISP-03-0

KONEG,RANESe

Lifting Businesses

18185

ESP.7

IComponents

Manatee Coun Port Authority, Port Manatee, Florida, United States, Gulf and Waterwa

lfunctmn Group

!Part

Service Interval [t1

I] Intervall lat:M

after (years

Value total:

,;_nnnt:

Load cell

Safe load indicator

Diesel-electric engine set; lnfeed unit; Pumps and compressors; Motor grab

Fuse

Absolute encoder; Absolute encoder WW; Joystick; Repeater RS; Coonecting module IM; Position input; Tilt sensor; AS! Gateway; Digital output module; Analog output module; Analog input module

Control Systems

Recommended parts for a standard configuration of up to 5000 crane hours or an interval after two years at the latest. This starter package Include sufficient components to secure the exchange within the listed Service intervals.

Note:

The final scope of delivery depends on the selected crane configuration and will be updated at the time of manufacture.

KONEvRANES-1GOTTWALD

Date of printing: 18.01.2024

Date of the document template: 18.02.2022 Page 2 of 2

i:.:

APPENDIX F

PUBLIC CONTRACTING AND ENVIRONMENTAL CRIMES CERTIFICATION

SWORN STATEMENT

THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.

This sworn statement is submitted to the Manatee County Port Authority (the Port) by Andreas Moeller, Senior Regional Sales Manager Americas [print individual's name and title) for Konecranes GmbH [name of entity submitting sworn statement] whose business address is: Forststrasse 16, 40597 Duesseldorf, Germany and (if applicable) its Federal Employer Identification Number (FEIN) is . If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 11050561M059

been convicted of bribery or attempting to bribe a public officer or employee of the Port, the State of Florida, or any other public entity, including, but not limited to the Government of the United States, any state, or any local government authority in the United States, in that officer's or employee's official capacity; or
been convicted of an agreement or collusion among bidders or prospective bidders in restraint of freedom of competition, by agreement to bid a fixed price, or otherwise; or
been convicted of a violation of an environmental law that, in the sole opinion of the Port, reflects negatively upon the ability of the person or entity to conduct business in a responsible manner; or
made an admission of guilt of such conduct described in items (1), (2) or (3) above, which is a matter of record, but has not been prosecuted for such conduct, or has made an admission of guilt of such conduct, which is a matter of record, pursuant to formal prosecution. An admission of guilt shall be construed to include a plea of nolo contendere; or
where an officer, official, agent or employee of a business entity has been convicted of or has admitted guilt to any of the crimes set forth above on behalf of such and entity and pursuant to the direction or authorization of an official thereof (including the person committing the offense, if he is an official of the business entity), the business shall be chargeable with the conduct herein above set forth. A business entity shall be chargeable with the conduct of an affiliated entity, whether wholly owned, partially owned, or one which has common ownership or a common Board of Directors.

For purposes of this Form, business entities are affiliated if, directly or indirectly, one business entity controls or has the power to control another business entity, or if an individual or group of individuals controls or has the power to control both entities. lndicia

of control shall include, without limitation, inter1ocking management or ownership, identity of interests amount family members, shared organization of a business entity following the ineligibility of a business entity under this Article, or using substantially the same management, ownership or principles as the ineligible entity.

I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE PORT IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN VVHICH IT IS FILED. I ALSO UNDERSTAND THAT ANY CONTRACT OR BUSINESS TRANSACTION SHALL PROVIDE FOR SUSPENSION OF PAYMENTS, OR TERMINATION, OR BOTH, IF THE PORT DETERMINES THAT SUCH PERSON OR ENTl'TY HAS MAO·E F11 .9R_,,. RTIFICATION.

STATE OF FLORIDA

COUNTY OF _

Sworn to and subscribed before me this day of , 202 by

Personally known to me OR produced identification .[Type of identification]

My commission expires: Notary Public Signature:

[Print, type or stamp Commissioned name of Notary Public)

Deed No. 62 / 2024 K

State of North Rhine-WestphaHa, Germany County of Dusseldorf

On this 22 January 2024, in the state and county aforesaid there appeared be fore me

Dr. Marcus Kampfer, notary public at Dusseldorf, Germany, Mr. Andreas Georg Moller, born on 5 May 1961,

business address 40597 Dusseldorf, Forststr. 16,

MyCom

identified by his identity card, who did not take an oath and who signed the above statement.

CONTRACT – No. 18185

by and between

Manatee County Port Authority

hereinafter referred to as “Buyer” -

and

Konecranes GmbH
hereinafter referred to as “Seller” -
Buyer and Seller also individually referred to as “Party” and collectively referred to as “Parties” -

Preamble

Subject matter of this Contract is the delivery of 1 (one) new Mobile Harbour Crane(s) ESP.7 and as an option a second 1 (one) new Mobile Harbour Crane(s) ESP.7 as specified below. Pursuant to the conclusion of their contractual negotiations, the Parties agree upon the following terms and conditions:

‌Scope of Supplies and Services

The delivery shall include:

A basic machine as described in ANNEX 1 consist of:

Lifting Capacities 18185-TT-04-0
Technical Data 18185-TD-04-0
Technical Description 18185-TB-04-0
General Arrangement Drawing 18185-DC-04-0
Quayloadings 18185-QS-04-0

including the following items:
items 1.0 - 9.0 of Technical Description 18185-TB-04-0;
and the following extra items

2205.2

Refrigerator in tower cab

2410.2

Digital Service: TRUCONNECT Expert Module

(free of charge during warranty period)

2512.2

Fire extinguishing system

2601.4	Automatic lubrication of rope pulley
2602.2	Automatic lubrication on the chassis
2710.2	Spreader Bromma EH 5 U (41t)
3103.8	External power supply with cable reel (4,16 kV)
3111.2	Spreader communication
3113.2	Equipment for motor grab operation (54 kW)
3118.1	Obstacle beacon
EXTRA	ISP – Initial Starter Package (value 35.000€ per crane)
EXTRA	Propping Pads (2,4m x 5,0m)

(hereinafter referred to as the “Crane(s)”)

As an option the second Crane shall be ordered within 3 months after signature of this Contract. In such case the delivery of both Crane(s) shall take place in one lot and on one vessel to the Port of Destination. If no order be placed in writing within the afore mentioned period of 3 months after Contract signature by the Buyer to the Seller the option shall become noll and void.
Assembly, commissioning and testing (including overload testing) of the Crane(s) in the North Sea Port. The hand-over of the Crane(s) shall take place in the Port of Manatee (hereinafter referred to as “Port of Destination”).
The Seller is obliged to perform only the obligations mentioned within this Contract.

Contract Price
1. The Contract Price for the scope of supplies and services as set forth within Clause 1 amounts for one Crane to USD 5,245,964.00 and for both Crane(s) together to USD 10,007,188.00 where for the extended warranty of additional 12 month no extra price be charged. All prices are net of tax, DDP Port of Destination (Incoterms 2020)
2. The above-mentioned USD price is a fluctuating price based on a firm EUR price. The firm EUR prices for one Crane is EUR 4.870.000,00 and for both Crane(s) together is EUR 9.290.000,00. The USD price is for reference purpose only and was calculated using the exchange rate published by the European Central Bank (ECB) on the 09.02.2024, EUR 1 = USD 1.0772. The final contracted USD price will be calculated using a foreign exchange rate (USD / EUR) based upon the aggregate of the “USD/EUR foreign exchange reference rate” as published at 2:15 pm (Central Europe Time) under http://www.ecb.int/stats/exchange/eurofxref/html/index.en.html by the ECB latest on the second trading day following the signing of this Contract and the appropriate FX forward points as obtained at the time of fixing from a reputable FX trading bank of the Seller`s choice.
  Customs duties and charges are included in our price. Buyer is in possession of a valid Tax-Exempt Certificate which shall be provided to the Seller before contract signature, therefore there shall be neither sales tax nor import tax nor any other taxes related to the import of the Crane(s). In case there is any such
  tax, it shall be borne by the Buyer. Furthermore, since the Seller is not registered in the United Sates of America, the Buyer shall act as “importer of the records” for the Cranes(s). To the extent Buyer is required to make any filings or pay any fees as the “importer of records,” the Seller shall prepare drafts of all required paperwork for Buyer’s review and submittal, provide instructions to Buyer on submittal of all required paperwork, and pay to Buyer all required fees or charges. Further, the Seller shall assist the Buyer in preparing responses to Customs’ inquiries, if any. The Buyer’s Request for Proposal (RFP) requires the Seller to deliver the Crane(s) Delivered Duty Paid (DDP), and as such the Seller provided a response listing DDP rates. Under DDP, the Seller is responsible for clearing the goods for export and import clearances and for associated payments.
3. CO2 Emission Trading System Costs will be charged on “as-is” basis and are not included in the Contract Price under Clause 2.1 of this Contract.
Terms of Payment
1. The Buyer shall pay the Contract Price pursuant to the following terms of payment within 10 days after respective invoice date:
  - 25 % of the Contract Price after signature of the Contract (1st instalment).
  - 70 % of the Contract Price on on-board delivery at port of shipment of the respective Crane against invoice and shipping documents (2nd instalment),
  - 5 % of the Contract Price of the respective Crane on signature of Hand-Over Certificate as described in Art. 8.11 or start of commercial use, whatever occurs first, against invoice, however at the latest 3 months after date of B/L of the respective Crane if hand over is delayed for reasons beyond Seller’s control against Seller’s written statement in this regard (3rd instalment).
2. All Payments shall be made in favour of Konecranes GmbH to SEB AB, Frankfurt, Germany, IBAN: DE63 5122 0200 0031 5130 05, Swift (BIC): ESSEDEFF, without any reservation or deduction and free of expenses and costs for the Seller.
3. Payment of all proper invoices will be made pursuant to the Florida’s Local Government Prompt Payment Act, sections 218.70 through 218.80, Florida Statutes, as may be amended..
4. The Seller retains the title to the Crane(s) until the Contract Price has been completely and irrevocably credited to the account of the Seller. In case the legal order at the respective location of the Crane(s) does not acknowledge a retention of title in this respect, the Buyer undertakes to support the Seller in order to establish a comparable security interest for the Seller in relation to the Crane(s).
Delivery
1. The Seller undertakes to deliver the Crane DDP Port of Destination (Incoterms 2020), whereas delivery ex-factory Düsseldorf, Germany shall be effected within 15 weeks after signature of the Contract provided that the Seller has received all due payments and Buyer has timely fulfilled any other obligations due before delivery in accordance with this Contract. In case the Buyer is in delay with any payment or any other obligation due before delivery of the Crane(s), the date of delivery set forth above shall be postponed to a date agreed upon subject to available delivery slots and Seller reserves the right to renegotiate the price and payment terms of the Contract.
2. In the event that the BUYER will execute the purchase option of the additional crane, the delivery time shall be mutually agreed between the parties. However, the second crane shall be only delivered together with the first crane in one lot / shipment.
Delay of Delivery
1. ‌Should the Crane not be delivered in accordance with Clause 4 of this Contract by reasons culpably caused by the Seller, Buyer shall be entitled to claim damages of up to 0.5% of the Contract Price for the respective Crane for each complete week of delay up to a maximum of 5% of the Contract Price for the respective Crane. Any further liability of the Seller to pay damages in relation to delayed delivery shall be explicitly excluded.
2. The foregoing restriction of liability shall not apply in the event of gross negligence or wilful misconduct of Seller’s executive employees or managing partners.
3. Without prejudice to Clause 9 of this Contract, the Buyer shall only be entitled to declare the Contract avoided by reason of delay of delivery in relation to the respective Crane if Seller has not delivered the respective Crane within a reasonable additional period of time agreed between the Parties subsequent to the lapse of time entitling the Buyer to claim damages up to the maximum amount set forth within Clause 5.1.
Warranty
1. Seller warrants its Crane(s), to be free of defects in material or workmanship for a period of twenty-four (24) months or 4000 hours of operation, whichever occurs first, from the first to occur of the following: (a) the date of Hand-Over Certificate as further defined in Clause 8.11, or (b) after commencement of commercial operation of the respective Crane(s), provided, however, that in no event shall any warranty on respective Crane(s) be longer than twenty seven (27) months from the date of shipment (bill of lading).
2. In the event that a Spare Parts Package / Initial Starter Package are/is delivered under the Scope of Supplies and Services under this Contract, Seller warrants the Spare Parts Package / Initial Starter Package ordered to be free of defects in material or workmanship in no event longer than for a period of
  twelve (12) months from the date of Hand Over Certificate of the Crane to the Buyer, provided, however, that in no event shall any warranty on Spare Parts
  / Initial Starter Package be longer than fifteen (15) months from the date of shipment (Bill of Lading). For the avoidance of any doubt, parts delivered as Spare Part Package/Initial Starter Package under the Contract are not to be considered as warranty parts.
  
  If repair or replacement of defective parts of the Crane under Seller´s warranty is necessary, the individual warranty period for such warranty part shall be equal to the remaining overall warranty period of the respective Crane.
3. The foregoing warranties shall be honoured provided that Buyer sends Seller written notice of the defect within fourteen (14) days of its discovery and establishes that: (i) the respective Crane has been operated and maintained in strict compliance with the Seller’s operating and maintenance manuals; and
  (ii) the defect did not result in any manner from the intentional or negligent action or inaction by Buyer, its agents or employees. If requested by Seller, Buyer must return the defective equipment or parts to Seller's manufacturing facility for inspection, and if Buyer cannot establish that conditions (i) and (ii) above have been met, then this warranty shall not cover the alleged defect. Failure to give written notice of defect within such period shall be a waiver of this warranty and any assistance rendered thereafter shall not extend or revive it.
4. This warranty shall not cover any item on which serial numbers have been altered, defaced or removed. Routine maintenance and wear parts are not covered by this warranty and are the sole maintenance responsibility of Buyer. This warranty is limited to the first user and is not assignable or otherwise transferable without written agreement of the manufacturer.
5. This warranty is expressly in lieu of and excludes all other warranties, express or implied (including the warranties of merchantability and fitness for a particular purpose) and all other obligations or liability on Seller's part. There are no warranties that extend beyond the limited warranty contained herein. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED AS A WAIVER OF THE PARTIES’ IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING.
6. Seller neither assumes nor authorizes any other person to assume for Seller any other liability in connection with the sale of Seller's Crane. This warranty shall not apply to any of Seller´s Cranes(s) or any part thereof which has been subject to misuse, alteration, abuse, negligence, accident, acts of God or sabotage. No action by either party shall operate to extend or revive this limited warranty without the prior written consent of Seller.
7. In the event of any breach of the warranty by Seller, the parties agree that Seller's liability shall be limited exclusively to the remedies of repair or replacement (at seller’s sole discretion) of any defective equipment covered by the warranty, whereby parts and components necessary for repair or replacement shall be delivered by Seller DAP to agreed place of destination Incoterms 2010, which means Seller bears transport cost and Buyer bears import customs duties and taxes and will act as importer of the records if
  necessary. In no event shall any repair or replacement of any defective part covered by the Seller’s warranty extend the length of the warranty beyond the period specified in Clause 6.1 respectively Clause 6.2 above.
Final Liability Provision
1. The Seller is only obliged to pay damages in accordance with this Contract if it intentionally or negligently breaches obligations owed to the Buyer.
2. The Parties shall in no event and irrespective of the legal basis (contract, tort or any other area of law) be liable to each other to pay damages for loss of profit or revenue, loss of use, loss of data, cost of capital, down-time costs, cost of substitute goods, facilities, property damage external to the goods and any damage or loss arising out of such damage or any special, incidental, indirect or consequential damage or any of the foregoing suffered by any third party.
3. Furthermore, Seller`s overall liability for all claims of any kind, irrespective of their legal basis shall in no event exceed in the aggregate 100% of the Contract Price.
4. The aforementioned restrictions of liability shall not apply in the event of gross negligence or wilful misconduct of Seller’s managing partners or of its executive employees, in case of bodily injury or insofar as mandatory law provides otherwise.
5. To the extent that the Parties’ liability is excluded or limited, this also applies to the personal liability of the employees, servants, members of staff, representatives of the Seller and those employed by the in the performance of its obligations.
Unloading, Assembly, Commissioning Hand Over and Training
1. The Crane(s) will be assembled, commissioned and comprehensively tested (including overload test) by the Seller in the North Sea Port.
2. Buyer shall be responsible that the vessel nominated by the Seller and carrying the Crane(s) will get a "priority berthing" at the unloading berth in the Port of Destination. In case the vessel cannot berth and start unloading within 24 hours after having given N.O.R. (Notice of Readiness) due to reason(s) beyond control of the vessel and/or the shipping company and/or the Seller, all arising demurrage/detention charges charged to the Seller have to be reimbursed by the Buyer.
3. Buyer shall be responsible for the unloading of the Crane(s) in the Port of Destination which includes the responsibility to provide and bear costs for required unloading cranes and stevedores on vessel and landside in due time when vessel arrives.
4. The Buyer shall provide at the times requested by Seller and free of charge to the Seller a mobile (truck) crane and a manlift for the unloading/positioning of the counterweights of the Crane, if required.
5. Seller shall be responsible for safety of all of his activities in the Port of Destination and for ensuring that relevant occupational health and safety laws and regulations are followed.
6. In the event that Seller issues any kind of safety procedure or HSE requirements relating to the onsite testing and commissioning then Buyer shall acknowledge the receipt of such instructions and shall be liable and immediately notify and advise his affected employees, subcontractors, contractors, customer etc.
7. Buyer shall comply with all applicable health, safety and environment laws, rules and regulations and maintain required safe working conditions at the Site. Buyer shall immediately remedy any unsafe working condition at the Site.
8. Seller shall be entitled to a job pause of his activities in the event that he determines that the site is unsafe.
9. In the event that any unsafe working condition or failure of the worksite to comply with a regulation results in an increase in the Seller’s cost of, or the time required for, performance of the Scope of Supply, Seller may make an equitable adjustment in price and schedule.
10. Upon unloading until Hand Over at the Port of Destination the Buyer shall be responsible to protect the Crane(s) and its parts against theft and vandalism and other intervention of third persons.
11. Immediately after arrival of the Crane(s) in the Port of Destination, the Crane(s) shall be inspected by the Parties based on Seller´s “Technical Acceptance Report”. For the avoidance of doubt, there will be no further load test respectively overload test in the Port of Destination. At the end of the inspection, and before the commencement of commercial use, the Parties shall sign a Hand Over Certificate. Minor deficiencies and shortcomings, which do not prevent the safe and economical operation of the Crane(s), shall not entitle the Buyer to refuse the signature of the Hand Over Certificate.
12. In case the external power supply cannot be installed and commissioned together with the Crane(s), due to reasons beyond Seller’s control, the warranty for these parts/function shall be however limited to the warranty period of the Crane(s), despite of the point of time when such remaining external power supply works will be finalised by the Seller. Furthermore, any costs resulting out of such delayed works, such as but not limited to travel and accommodation charges of the Seller’s staff, manpower, equipment, etc. will be invoiced by the Seller to the Buyer against evidence.
13. Any parts being scope of the external power supply, which are already delivered before external power supply finalisation, shall be carefully stored and maintained in line with Seller’s instructions by the Buyer. In case any of these parts have occurred damage/defects due to wrong or missing careful
  storage and/or maintenance and need to be repaired or replaced by new parts, the resulting costs are to be paid by Buyer (including delivery charges).
14. Immediately after arrival of the Crane(s) in the Port of Destination Seller’s technical staff shall provide an instruction for Buyer’s technical staff. Training at Seller's premises shall be provided for 2 technical staff of Buyer for a period of two weeks. All transportation costs for Buyer`s staff will be paid and borne by Buyer, costs for local boarding and lodging by Seller.
Force Majeure
1. In case the execution of this Contract is affected by acts of Force Majeure such as war, warlike events and other hostilities (whether war be declared or not), riots, natural disaster, epidemics, pandemics, accidents, abnormal low or high water or other acts of God, invasion or acts of foreign enemies, rebellion, acts of terror, revolution, civil war, industrial disputes, governmental regulations or acts or other impacts not within the reasonable control of Buyer or Seller, the time for execution of the Contract has to be adapted accordingly and the impacts to the Contract shall be discussed and agreed between Buyer and Seller. Seller shall not be liable for a failure to perform any of its obligations due to the aforementioned reasons. The Parties acknowledge COVID-19 is not Force Majeure, as COVID-19 is known at the time of signing of this Contract.
2. The party claiming Force Majeure must inform the other party in writing of the time of occurrence, the expected duration and the cessation of the Force Majeure, as well as of the effects on its performance of the Contract and of reasonable measures to mitigate the consequences.
3. In the event of Force Majeure, the delivery dates and other affected terms agreed under this Contract shall be renegotiated and jointly determined between the Parties within a reasonable time. In such case that the Parties cannot find a mutually agreement or in the event of force majeure lasting longer than 6 months, each Party shall have the right to solely terminate the Contract by sending a written notice to the other Party.
4. In the event of termination as provided herein the Seller shall place at the disposal of the Buyer all work completed or part completed and the Buyer shall pay to the Seller the value of such work as agreed by the parties together with any amount due in respect of services less all amounts previously paid by the Buyer to the Seller in respect of such work.
Effectiveness of Contract

This Contract shall come into effect with its signature by the Parties.
Insurance

Seller shall arrange for insurance coverage with leading European insurers on his account in relation to
- marine transport of the Crane(s) to the Port of Destination
- Seller’s erection staff
- all damage that may be caused during assembly and commissioning of the Crane(s) to the Buyer or third parties by failure of Seller’s staff or wrong equipment handling.
Governing Law

The legal relationship between the Parties shall be governed by the United Nations Convention on the International Sale of Goods (CISG) in the English version. Questions concerning matters which are not governed by this convention or which cannot be settled in conformity with general principles, on which it is based, shall be settled in conformity with the laws of the State of Florid the venue shall lie in the courts located in Manatee County, Florida, and for any federal action shall lie solely in the United States District Court, Middle District of Florida, Tampa Division.
Entire Agreement; Severability
1. This Contract represents the entire understanding between the Parties. There is no other prior agreement between the Parties in connection with the subject matter of this Contract, whether verbal or written, other than that contained or referred to in this Contract, and this Contract supersedes and makes obsolete any and all previous verbal or written representations, inducements, arrangements or understandings. Any changes, additions or amendments to this Contract shall only be valid and come into effect if made in writing. The same shall apply to any agreement setting aside the written-form requirement.
2. Should any of the provisions of the present Contract be or become invalid or otherwise unenforceable, the same shall not affect the validity of the remaining provisions. The Parties shall replace the inoperative provision by an operative one coming as close as possible to the economic purpose and effect intended by them.
Intellectual Property and License
1. The Seller shall have all rights, title and interest including ownership right, copyright and other intellectual and industrial property rights to documents, drawings, software, reports, technical information, definitions, descriptions, manuals and any other intellectual property that the Seller has or creates. Seller warrants that the products, goods, and services provided by Seller do not infringe on any patent, trade name, trademark, copyright or trade secret of any third parties and Seller agrees to defend, indemnify and hold Buyer, its officers, agents, employees, trustees successors and assigns, harmless from and against any and all liabilities, loss, damage or expense, including, without limitation, court costs and reasonable attorneys' fees, arising out of any
  infringement or claims of infringement of any patent, trade name, trademark, copyright or trade secret by reason of the sale or use of any goods or services purchased under this Agreement. Buyer shall promptly notify Seller of any such claim.
2. All documents, drawings, software, reports, technical information, definitions, descriptions, manuals and any other intellectual property marked and meeting the definition of Trade Secrets under section s. 815.045 or any other exemption to Chapter 119, of the Florida Statutes that is received by the Buyer shall not, without the consent of the Seller, be used for any other purpose than for the erection, commissioning, operation or maintenance of the Equipment and may not otherwise be used or copied, reproduced, transmitted or communicated to a third party. The Buyer may, however, transmit the documents or software to a third party that the Buyer sells the Equipment to or as required to by Florida law.
3. The rights of the Seller shall include, without limiting the generality any kind of intellectual property as described, developed, delivered and modified as per
  15.2 above, the right to modify or have modified, use as part of advertising and the right to distribute and sub-license to any other 3rd party to Seller’s discretion.
4. The Buyer shall have only a non-exclusive and non-transferable license to use the software. The Buyer shall not in any form copy or modify or permit any third parties to have access to the software or any other document, unless required by Florida law. The Buyer acknowledges and accepts by signature of this Contract, that any execution of software modification(s) to the Crane(s), such as but not limited to modification to the SPS-software, shall be explicitly prohibited. In such case that the Buyer will do any software modification without prior written consent of the Seller the Buyer will assume full and sole responsibility, and all existing or future warranty will expire immediately.
Compliance and Anti-Corruption

The Parties agree that they shall, and that any party retained by Buyer shall, comply with all applicable laws and regulation including, but not limited to, laws prohibiting public corruption, commercial bribery and trade and laws setting rules for trade. Notwithstanding anything to the contrary contained in any agreement between Seller and Buyer or in any other document (including purchase terms and conditions) or instrument relating to the Products, Seller is not obliged to comply with requests related to the boycott of any country or other jurisdiction.

Failure to comply strictly with this Clause and all applicable laws, regulations and licensing/approval requirements shall be grounds for immediate termination of this agreement by Seller.
Export Controls and Trade Restrictions

Buyer agrees that it shall, and that any retained party shall, comply with all applicable export controls, economic sanctions, embargoes and regulations regarding the export,
re-export, shipment, distribution and/or sale of the products, technology, information or warranty related services, including normally the laws or the EU, USA and UN (Trade Laws and Regulations). In case of conflicting Trade Laws and Regulations resulting in ambiguity over applicability of different Trade Laws and Regulations, the Buyer shall contact the Seller for Seller’s final decision. The Buyer will accept Seller’s decision without any further claims or demands.
For the avoidance of doubt, this clause also applies to software.

Prior to any transfer of the Crane(s) to a third party or use of the Crane(s) delivered by the Seller, the Buyer shall in particular check and guarantee by appropriate measures that:
1. The Buyer shall not infringe any applicable Trade Laws and Regulations, also considering the prohibitions of by-passing them;
2. The Crane(s) are not intended for use in connection with armaments, nuclear technology or weapons, if and to the extent such use is subject to prohibition or authorization, unless required authorization is provided;
3. If required to enable authorities to conduct export checks, the Buyer, upon request by the authorities, shall promptly provide the authorities with necessary information required by mandatory law or regulations.
The Seller shall provide the Buyer with all documentation required under the Trade Laws and Regulations. The Buyer shall maintain all documentation required under the Trade Laws and Regulations and shall provide the same to the Seller without delay at Seller’s reasonable request. This recordkeeping obligation of the Buyer shall continue for five (5) years from the signature of the Hand Over Certificate.
The Buyer understands that the requirements and restrictions of the Trade Laws and Regulations vary depending on the product, software, documentation and technical data provided under this Agreement and may change over time and that the Buyer is obliged to know about and comply with such changes.
Addresses and Communication

Buyer’s contact details:

Manatee County Port Authority 300 Tampa Bay Way Palmetto, FL 34221-6603

USA

Tel.: 941-722-6621

Email : cbuqueras@seaportmanatee.com VAT No.:

Seller’s contact details:

Konecranes GmbH Forststrasse 16

D-40597 Duesseldorf Germany

Tel.: +49 211 7102 0

Fax: +49 211 7102 3651

Email: ps.info@konecranes.com VAT No.: DE164416080

Section. 18. Miscellaneous Terms

INDEMNIFICATION - The parties recognize that Seller is an independent contractor. During performance of the work hereunder and the one (1) year period thereafter, Seller agrees to assume liability for and indemnify, hold harmless, and defend the Buyer, its Board members, public officials, officers, employees and agents, from, and against all liability and expense, including reasonable attorney’s fees, consultant fees, and experts’ fees in connection with any and all third party claims, demands, damages, actions, causes of action, and suits in equity of whatever kind or nature, with respect to claims for personal injury, property damage, arising out of or in connection with any negligent and/or deliberate act or omission of Seller, its officers, employees, agents, and representatives. Seller’s liability under this Section 18.1 will include all reasonable attorneys’ fees and experts’ fees and costs incurred by the Buyer in the enforcement of this indemnification provision. The obligations contained in this provision will survive termination, cancellation or expiration of this Agreement and will be not limited to the amount in clause 7.3 but shall be limited to 200% of the Contract Price under this Agreement. Notwithstanding anything contained in this Agreement to the contrary, this indemnification provision will not be construed as a waiver of any immunity to which the Buyer is entitled or the extent of any limitation of liability pursuant to Section 768.28 of the Florida Statutes. Furthermore, this provision is neither intended to nor will be interpreted as limiting or in any way affecting any defense the Buyer may have under Section
768.28 of the Florida Statutes or as consent to be sued by third parties.
Fiscal-Non-funding - In the event sufficient budgeted funds are not available for a new fiscal period, the Buyer will notify Seller of such occurrence and this Agreement will terminate on the last day of the current fiscal period without penalty or expense to the Buyer. Commencement of work by the Seller shall start with notice of Buyer having all funds in the value of this Contract secured.
E-Verify – Seller must comply with all applicable provisions of sections 448.09 and 448.095, Florida Statutes, as may be amended. The definitions in section 448.095(1), Florida Statutes, as may be amended, apply to this section of the Agreement. Seller must register with and use the U.S. Department of Homeland Security’s E-Verify system to verify the work authorization status of all employees of Seller. Seller may not enter into a contract with a subcontractor to perform work under this Agreement unless and until the subcontractor registers with and uses the E-Verify system. If Seller enters into a contract with a subcontractor to perform work under this Agreement, Seller must obtain a properly executed affidavit from the subcontractor stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Seller must maintain copies of all such affidavits for the duration of this Agreement. Buyer may terminate this Agreement for cause if Buyer determines that Contractor or Contractor’s subcontractor has not complied with any applicable provision of sections 448.09 or 448.095, Florida Statutes, as may be amended. Buyer will terminate this Agreement for cause if Buyer has a good faith belief that Seller has knowingly violated subsection 448.09(1), Florida Statutes, as may be amended. If the Buyer has a good faith belief that a subcontractor knowingly violated section 448.09(1), Florida Statutes, as may be amended, but Buyer determines that Seller otherwise complied with section 448.09(1), Florida Statutes, as may be amended, Buyer will notify Seller as such, and Seller must immediately terminate Seller’s contract with said subcontractor. If this Agreement is terminated under section 448.095(c), F.S.: (a) such termination is not a breach of this Agreement by the Buyer and may not be considered as such; (b) Seller may not be awarded a public contract for at least 1 year after the date on which the Agreement is terminated; and (c) Seller is liable for any additional costs incurred by the Buyer as a result of the termination of the Agreement. Seller agrees that Seller does not and will not, nor will it allow a subcontractor to, use any funds from the Buyer for the purpose of issuing an identification card or
document to any individual who does not provide proof of lawful presence in the United States.
PUBLIC ENTITY CRIMES/SCRUTINIZED COMPANIES - By accepting this
Agreement, Seller is confirming that neither Seller nor its subcontractors have been placed on the convicted Sellers list or the discriminatory Seller list as described in sections 287.133 and 287.134, Florida Statutes, as may be amended. Additionally, by engaging in business with the Buyer, Seller certifies, represents, and warrants that: (a) it is not on the Scrutinized Companies that Boycott Israel List, and (b) it is not engaged in a Boycott of Israel, and that all such certifications were true at the time Seller submitted its quote and/or proposal for this Agreement, as of the effective date of this Agreement, and as of the effective date of any renewal of this Agreement. Notwithstanding anything contained in this Agreement to the contrary, the Buyer may terminate this Agreement immediately if: (1) Seller is found to have submitted a false certification regarding (a) or (b) above in accordance with section 287.135, Florida Statutes, or (2) Seller has been placed on the Scrutinized Companies that Boycott Israel List or is or has been engaged in a Boycott of Israel. Such termination will be in addition to any and all remedies available to the Buyer at law or in equity. The term “Boycott of Israel” used in this section is defined as in, and the Scrutinized Companies that Boycott Israel List is the list maintained pursuant to, section 287.135, Florida Statutes, as may be amended.
SECTION 287.05701, FLORIDA STATUTES – Seller is hereby notified, pursuant to section 287.05701, Florida Statutes, as may be amended, that the Buyer may not give preference to a Seller based on the Seller’s social, political, or ideological interests, nor may the Buyer not request documentation of or consider a Seller’s social political, or ideological interests when determining if a Seller is a responsible Seller.
FOREIGN COUNTRY OF CONCERN DISCLOSURES – If the value of goods
and services under this Agreement is $100,000 or more, then, pursuant to section 286.011, Florida Statutes, as may be amended, Seller must disclose any current or prior interest of, any contract with, or any grant or gift received from a Foreign Country of Concern, as defined herein, if such interest, contract, or grant or gift has a value of $50,000 or more and such interest existed at any time or such contract or grant or gift was received or in force at any time during the previous five (5) years. For purposes of this section, “Foreign County of Concern” means the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, or the Syrian Arab Republic, including any agency of or any other entity under significant control of such Foreign Country of Concern. Seller’s disclosures must include the name and mailing address of the disclosing entity, the amount of the contract or grant or gift or the value of the interest disclosed, the applicable foreign country of concern and, if applicable, the date of termination of the contract or interest, the date of receipt of the grant or gift, and the name of the agent or controlled entity that is the source or interest holder. Seller represents that within one (1) year before proposing any agreement, including but not limited to this Agreement, to the Buyer, Seller provided a copy of such disclosure to the Florida Department of Financial Services. Additionally, pursuant to section 287.138, Florida Statutes, and rule 60A-1.020, Florida Administrative Code, as may be amended, if the work performed hereunder grants Seller access to any individual’s personal identifying information, prior to commencing any work hereunder, Seller must provide the Buyer with an affidavit signed by an authorized representative of Seller under penalty of perjury using Florida Department of Management Services Form PUR 1355, Foreign Country of Concern Attestation.
GRANT FUNDING. This Agreement is funded by grant funds from the State of Florida Department of Transportation (”FDOT”). Seller shall comply with any applicable provisions of FDOT Grant G2H43. Commencement of work by the Seller shall start with notice of Buyer having all funds in the value of this Contract secured. The Buyer may terminate this Agreement if the Seller does not comply

with the grant requirements resulting in FDOT denying reimbursement.

IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed as of the Effective Date.

Date:

Konecranes GmbH

Manatee County Port Authority

ATTEST: ANGELINA “ANGEL” COLONNESO

Clerk of Circuit Court Signature

Annexures:

Annex 1 – Description of the basic machine(s)

Flnanclal Manag1m1ent Nunibar	Fund Typa	FLAIR Category	Stata Fiscal Year	ObJect Coda	CSFA/' CFDA Number	CSFA/CFDA TIU. or Funding Source Dacrlptlon	Funding Amount
449793-1-94-01	PORT	088794	2023	751000	55.005,	Seaport Grant Program	$2,500,000.00
449793-1-94-01	LF	088794	2023	-	-	Local Matching Funds	$2,500,000.00
449793-1-94-01	DIS	088794	2024	751000	55.005	Seaport Grant Program	$2,500,000.00
449793-1-94-01	LF	088794	2024	-	-	Local Malchino Funds	I? 500 DOD.OD
			Td	Flnanclal Asslatanc.			$10,000,000.00

.AcUan:	5upplemental
Ravl9w9CI or =	APPROVED
Clr;anlZlltfcJn Codtl:	55012020129
Expansion Opllon	Af,
Ob)actCQde.	751000
fvnpu,rt:	$2,500,000.00
fwr8llcial F'ftlled:	44971l319401
WOik Mll(!ty (FCT)'.	215
CFQA;
Flec8IY.r.	2024
flud;atEntlly:	5510()100
/Calllggry't-,;	088794/24
AITwndll!ll!ll lb:	S001
Seq-011;	00
l:JllerAalgntlCI ID;	AMD1
Ene Une (61)JS\nia:.	0002/04

Phases•	State	Local		Federal	Totals	State %	Local %	Federal %
Land Acquisition	$0.00	$0.00		$0.00	$0.00	0.00	0.00	0.00
Planning	$0.00	$0.00		$0.00	$0.00	0.00	0.00	0.00
Environmental/Design/Construction	$0.00	$0.00		$0.00	$0.00	0.00	0.00	0.00
Capital Equipment/ Preventative Maintenance	$2,500,000.00	$2,500,000.00		$0.00	$5,000,000.00	50.00	50.00	0.00
Match to Direct Federal Funding	$0,00	$0.00		$0,00	$0.00	0.00	0.00	0.00
Mobility Management (Transit Onlv)	$0.00	$0.00		$0.00	$0.00	0.00	0.00	0.00
Totals	$2,500,000.00	$2,5	_00,000.Q0	$0.00	$5,000,000.00

Phua"	stat.		Local	FIMlaral	Totala		State %	Local %	Fedenl %
Land Acquisition	$0.00,		$0.00	$0.00	$0.00		0.00	,0.00	0.00
Planning	$0.00		$0.00	$0.00	$0.00		0.00	0.00	0.00
EnvironmentaVDesign/Construction	$0.00		$0.00	$0.00	$0.00		0.00	0.00	0.00
Capital Equipment/ Preventative Maintenance	$5,000,000.00		$5,000,000.00	$0.00	$10,000,000.0 0		50.00	50.00	0.00
Maleh to Direct Federal Funding	$0.00		$0.00	$0.00	$0.00		0.00	0.00	0.00
MoblityManagement {Transit Onlv)	$0.00		$0.00	$0.00	$0.00		0.00	,0.00	0,00
Tot.15	$6,000,00	.0.00	$5,000,000.00	$0.00	$10,000,0	.00.0 0

Proposer's Organization Name:	KONECRANES GmbH
Chief Executive - Namerritle:	Heribert Barlage / Managing Director
Tel: I +49 211 7102 3743 I E-mail: I heribert.barlage@konecranes.com
Headquarters Street Address:	Forststr. 16
Headquarters City/State/Zip:	Dusseldorf 40597 I GERMANY
(Provide information requested below if different from above)
Lead Point of Contact for Proposal -1A d M 11 Name/T·It1e: n reas oe er
Tel: I +49 211 7102 3765 I E-mail: I andreas.moeller@konecranes .com
Headquarters Street Address:	Forststr. 16
Headquarters City/State/Zip:	Dusseldorf 40597 I GERMANY

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IOrganization Name: I Konecranes GmbH