A meeting of the Manatee County Port Authority will be held during a meeting of the Board of County Commissioners of Manatee County Tuesday, May 19, 2020, at 9:00 am, or as soon as is practicable, in the Center Hall of the Bradenton Area Convention Center, One Haben Boulevard, Palmetto, FL


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MANATEE COUNTY PORT AUTHORITY AGENDA May 19, 2020 – 9:00 am


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


1. Consent Agenda


Executive Director Comments Public Comments Commissioner Comments

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.


Priscilla Trace, Chairman

Reggie Bellamy, 1st Vice-Chairman; Misty Servia, 2nd Vice-Chairman; Stephen R. Jonsson, 3rd Vice-Chairman; Vanessa Baugh, Member; Betsy Benac, Member; Carol Whitmore, Member

May 19, 2020


  1. CONSENT AGENDA


    1. Update to Procedures for the Manatee Port Authority Meetings and Role and Duties of Officers


    2. Warrant List


    3. Minutes February 20, 2020


    4. Ratify/Affirm Budget Resolutions


    5. Budget Resolution


    6. Ratify/Affirm Amendment to the Public Transportation Grant Agreement Berth 4 Extension


    7. Ratify/Affirm Pavement Improvements Change Order No. 02


    8. Ratify/Affirm Trailer Transfer Facility (Drop Trailer Lot) Change Order No. One


    9. Recognition & Promotional Activities Change


    10. Port Manatee Ship Repair & Fabrication LLC Lease


    11. Arrow Terminals Cargo and Freight Volume Agreement Amendment Four


    12. Delegation of Authority to Executive Director


    13. Changes to Warehouse 2 Loading Docks


    14. Certification and Authorization to Negotiate Continuing Professional Services Contract


    15. Certification of Lands and Agreement Between the County and the Port Related to Washington Park


    16. Contract Awards for Various Facilities and Equipment Improvements


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.

May 19, 2020


CONSENT

AGENDA ITEM 1.A.: UPDATE TO THE PROCEDURES FOR THE MANATEE

COUNTY PORT AUTHORITY MEETINGS AND ROLES AND DUTIES OF OFFICERS


BACKGROUND:


On March 21, 2019, the Authority approved updated “Procedures for the Manatee County Port Authority Meetings and Roles and Duties of Officers”. Due to the need for more than two Port Authority members to attend a meeting electronically at the same time, the reference is stricken from 3.3.3. No other changes are necessary.


ATTACHMENTS:


Procedures for the Manatee County Port Authority Meetings and Role and Duties of Officers


COST AND FUNDING SOURCE:


NA


CONSEQUENCES IF DEFERRED:


NA


LEGAL COUNSEL REVIEW: Yes


RECOMMENDATION:


Move to adopt updated Procedures for the Manatee County Port Authority Meetings and Role and Duties of Officers.


PROCEDURES FOR THE MANATEE PORT AUTHORITY MEETINGS AND ROLE AND DUTIES OF OFFICERS


ADOPTED MAY 19, 2020

TABLE OF CONTENTS

PREAMBLE AND STATEMENT OF INTENT 4

  1. APPLICABILITY 4

  2. OFFICIAL AUTHORITY ACTION 4

    1. MATTERS FOR AUTHORITY CONSIDERATION. 4

    2. DELEGATION OF AUTHORITY. 4

    3. DESIGNEES 4

  3. AUTHORITY OFFICERS. 4

    1. ELECTION OF OFFICERS. 4

    2. ASSIGNMENT OF DUTIES 5

    3. QUORUM AND OFFICERS 5

    4. VACANCY IN OFFICE 5

      1. Chairman. 6

      2. Vice Chairman. 6

    5. APPOINTMENT OF MEMBERS TO OTHER BOARDS. 6

  4. MEETINGS. 7

    1. TYPES OF PUBLIC MEETINGS 7

      1. Regular Meetings. 7

      2. Special Meetings. 7

      3. Emergency Meetings. 7

      4. Workshops. 8

      5. Public Notice 8

    2. PRIVATE SESSIONS 8

      1. Litigation Meetings. 8

    3. PREPARATION OF AGENDA. 8

      1. Executive Director. 8

      2. Port Authority Attorney. 8

      3. Port Authority Members 9

      4. Items Not On Agenda. 9

    4. CONTINUANCE OF MEETINGS DUE TO EMERGENCY 9

  5. CONDUCT OF MEETINGS. 9

    1. GENERALLY. 9

    2. RULES OF DEBATE 9

      1. Questions Under Consideration. 9

      2. Motions by the Chairman 10

      3. Discussion. 10

      4. Interruption. 10

    3. ADDRESSING THE AUTHORITY. 10

      1. Public Comments at Regular Meetings, Special Meetings, and Workshops. 11

    4. ORDERLY MEETINGS 11

    5. PUBLIC HEARINGS 12

      1. Explanation of Terms. 12

      2. Conduct of Public Hearings. 13

      3. Conduct of Quasi-judicial Public Hearings. 14

      4. Time Periods for Public Hearing Matters. 16

      5. Other Procedural Guidelines. 16

      6. Voting, Motions, and Reconsideration. 19

      7. Port Authority Election of Members of Advisory Committees and the 21

        Like. 21

    6. ADJOURNMENT. 21

  6. THE RECORD 22

    1. AUTOMATICALLY INCLUDED IN THE RECORD OF DECISION OF THE AUTHORITY. 22

    2. ITEMS WHICH SHALL BE PLACED IN THE RECORD 22

    3. CUSTODIAN 22

    4. CORRECTION OF ERRORS IN THE RECORD 23

    5. EXHIBITS 23

    6. SUBSTITUTION OF COPIES OF EXHIBITS 23

  7. CONFLICTS; USE OF OTHER RULES. 23

    1. CONFLICT WITH LAWS 23

    2. ROBERT’S RULES OF ORDER. 23

  8. DIRECTION FROM AUTHORITY TO STAFF 23

  9. PUBLICATION 24

PREAMBLE AND STATEMENT OF INTENT


Consistent with Florida Statutes, and other applicable law, the Manatee County Port Authority governing board (hereinafter the “Port Authority”) has adopted these rules (hereinafter, the “Port Authority’s Procedures”) to govern its meetings, hearings, and workshops and provide for the roles and duties of Port Authority officers. While encouraging appropriate public participation and an informal and civil atmosphere, the Port Authority intends to retain the structure and decorum required for the orderly and professional conduct of its business.


  1. APPLICABILITY.


    These Port Authority Procedures shall govern the meetings, hearings, and workshops of the Manatee County Port Authority and provide for the role and duties of its officers.


  2. OFFICIAL AUTHORITY ACTION.


    1. MATTERS FOR AUTHORITY CONSIDERATION.

      Any matters that relate to the Port Authority’s duties, authority, or powers under the Special Act creating the Manatee County Port Authority, Florida Statutes, or other applicable law or which relate to the operation of the Port, Port’s property, facilities, infrastructure, or legal or financial interests may be brought before the Port Authority for appropriate consideration or action.


    2. DELEGATION OF AUTHORITY.

      The Port Authority may delegate its authority to perform action on behalf of the Manatee County Port Authority. In delegating its authority, the Port Authority shall provide sufficient guidelines and expression of its objectives to enable efficient performance of the matter for which the authority has been delegated. No delegation is given to any officer unless specifically expressed in the Port Authority’s Procedures or by majority action of the Port Authority.


    3. DESIGNEES.

      Wherever the Port Authority’s Procedures delegate authority to the Executive Director, such authority or responsibility is understood to extend to his or her respective designee or designees.


  3. AUTHORITY OFFICERS.


    1. ELECTION OF OFFICERS.

      The Port Authority shall annually elect as its officers a Chairman, First Vice Chairman, Second Vice Chairman and Third Vice Chairman. For convenience and in order to conserve public resources, election for officers of the Port Authority may be conducted at the same Manatee County Commission meeting where the

      Board of County Commissioners elects its officers, subject to ratification by the Port Authority at a public meeting. New officers’ terms shall begin at 12:01 a.m. on January 1st of the ensuing calendar year. Port Authority officers shall hold office until a successor is elected, unless removed from office by a majority vote of the Port Authority prior thereto, or unless the officer resigns from the office or the officer’s status as a Port Authority member ceases for any reason.


    2. ASSIGNMENT OF DUTIES.

      The Chair shall have the authority to assign honorary and administrative duties to other members of the Port Authority.


    3. QUORUM AND OFFICERS.


      1. A quorum exists when a majority of the duly installed members of the Port Authority are present. Unless otherwise provided by law, a majority vote, where a quorum is present, constitutes action of the Port Authority. In the absence of the Chairman, the highest ranking Vice Chairman shall have all duties and authority of the Chairman until the arrival of a higher ranking officer. In the absence of the Chairman and all Vice Chairmen at the time scheduled for the opening of a public meeting or workshop, the first Port Authority member who notifies the Clerk of the Court their intention to preside over the meeting shall have all of the duties and authority of the Chairman until the arrival of a Port Authority officer. Nothing in this Section shall limit any procedure, rules, statutes, or other lawful authority governing the conduct of business in the event of a disaster or emergency.


      2. A Port Authority member seeking to attend all, or any portion of a meeting via electronic means shall submit his or her request to the Chairman or ranking officer with as much advance notice as possible. The Chairman or ranking officer is authorized to consult with the Port Authority Attorney and Executive Director as needed and to grant or deny the request to appear electronically. If the Chairman or ranking officer grants the request, then the Executive Director shall ensure the chamber is appropriately equipped to permit any audio/video interaction needed.


      3. The Chairman or ranking officer shall permit electronic attendance where the requesting Port Authority member is incapacitated due to illness or injury or hindered by circumstances from physically attending, but is otherwise able to concentrate and give his/her attention to the business of the Port Authority.


      4. For purposes of this section 3.3, the term “appropriately equipped” shall mean the level of equipment allowing Port Authority members attending electronically to hear fellow Port Authority members and any person presenting at the microphone; and allowing all other Port Authority members and all persons attending in the Chambers to hear Port Authority members attending electronically.


    4. VACANCY IN OFFICE.

      1. Chairman.

        Upon the occurrence of a permanent vacancy or inability to serve in the position of Chairman, the following shall occur:


        1. the First Vice Chairman shall automatically succeed to the Chairmanship for the remainder of the term of office thereof;


        2. the Second Vice Chairman shall automatically succeed to the First Vice Chairmanship for the remainder of the term of office thereof;


        3. the Third Vice Chairman shall automatically succeed to the Second Vice Chairmanship for the remainder of the term of office; and,


        4. the Port Authority shall elect a new Third Vice Chairman, at the first regularly scheduled meeting at which the existence of the vacancy is known; provided, however, that, if necessary, the election of a new Third Vice Chairman may be deferred until the full Port Authority is present.


      2. Vice Chairman.

        Upon occurrence of a permanent vacancy or inability to serve in a position of any Vice Chairman, the next highest ranking Vice Chairman shall automatically succeed to fill the vacancy for the term of office thereof, and the applicable procedures set forth above for filling a vacancy in office shall be followed as to the remaining officer positions.


    5. APPOINTMENT OF MEMBERS TO OTHER BOARDS.


      The Port Authority may appoint Port Authority members to sit on or serve as liaison to other regulatory or advisory committees or boards, as permitted by law. As soon as reasonably possible, such appointees shall report to the full Port Authority items of interest to Manatee County Port Authority in order that the Port Authority may take action, comment, or make a recommendation regarding such matters. Any such action, comment, or recommendation (or the lack thereof) shall be conveyed by the appointee to the other regulatory or advisory board or committee prior to its action on such item. If the appointed member (and alternate if one has been designated) cannot attend a meeting of a regulatory or advisory committee or board, the Chairman shall have the authority to appoint another Port Authority member (or staff person, if allowed by law or controlling procedures) as a substitute appointee for the meeting of the regulatory or advisory committee or board. An appointee shall timely report to the Port Authority on the relevant proceedings and actions of the regulatory or advisory committee or board to which he or she is appointed.

  4. MEETINGS.


    1. TYPES OF PUBLIC MEETINGS.

      The Port Authority shall hold the types of meetings set forth below:


      1. Regular Meetings.

        The Port Authority shall adopt annually a Resolution that sets forth the Port Authority’s schedule of its meetings during the fiscal year and shall file such schedule with Manatee County. The schedule shall include the date, time, and location of each regularly scheduled meeting. The schedule may include special meetings and workshops. All regularly scheduled meetings shall ordinarily commence at 9:00 a.m. in the Port Authority Chambers at the Port. Additionally, the Port Authority may meet and take action at any Manatee County Board of County Commission meeting provided that such meeting is properly noticed as a Port Authority meeting. Any scheduled regular meeting may be commenced earlier or later, postponed or cancelled, or held in a different location upon recommendation of the Executive Director and consent of the Chairman.


      2. Special Meetings.

        Special meetings of the Port Authority may be called by the Chairman or by a majority of the Port Authority members present at a meeting of the Port Authority. Whenever a special meeting is called, written notice shall be given by the Executive Director to the Clerk, the Port Authority Attorney, and any persons entitled, as a matter of law, to written notice, and the press, stating the date, hour, and place of the meeting and the purpose(s) for which the meeting is called. Special meetings and workshops shall be publicly noticed as provided by applicable law.


      3. Emergency Meetings.

        Emergency meetings may be called by the highest ranking officer of the Port Authority available. An emergency meeting may be called only when the person calling the meeting believes that a situation exists that may involve serious consequences and that requires immediate consideration or action by the Port Authority. The annual budget shall not be considered at an emergency meeting. Whenever such emergency meeting is called, the Executive Director or, if he or she is unavailable, the person calling the meeting, shall make a diligent and good faith attempt to notify each Port Authority member, the Clerk, the Port Authority Attorney, any person entitled to notice as a matter of law, and the press stating the date, hour, and place of the meeting, the nature of the emergency, and the purpose(s) for which the meeting is being called. The notice shall be in writing if possible. No other business shall be transacted at the meeting, and the minutes of each emergency meeting shall include the nature of the emergency and the record of notice. Any action taken by the Port Authority at an emergency meeting

        shall be ratified by the Port Authority at a subsequent regular meeting of the Port Authority.


      4. Workshops.

        The Port Authority may hold workshops from time to time for consideration of matters that are not ready for Port Authority action. Such workshops shall be publicly noticed as required by applicable law and may include the opportunity for comment by citizens. No formal action may be taken at workshops.


      5. Public Notice.

        The Executive Director shall provide public notice of all meetings and workshops in accordance with applicable law.


    2. PRIVATE SESSIONS.


      1. Litigation Meetings.

        The Port Authority Attorney and attorneys representing the Port Authority may meet in private session with the Port Authority and the Executive Director to discuss pending litigation to which the Port Authority is a party before a court or administrative agency so long as such meetings are noticed, held and reported, and the records thereof preserved and made available to the public upon conclusion of the litigation in compliance with Florida Statutes, §286.011(8) and any amendments thereto.


    3. PREPARATION OF AGENDA.


      1. Executive Director.

        The Executive Director shall prepare the agendas and assemble the accompanying backup or background information for the Port Authority meetings. All agenda items shall state whether the item has been reviewed by the Port Authority Attorney. No item may be added to the agenda without the approval of the Executive Director, except as stated in sections

        4.3.2 and 4.3.3.


      2. Port Authority Attorney.

        The Port Authority Attorney will review matters as the Port Authority and/or the Executive Director deem appropriate and coordinate with the Executive Director on all legal matters. The Port Authority may add supplemental items to the agenda whenever, in the discretion of the Port Authority Attorney, such items require member attention.

      3. Port Authority Members.

        Any Port Authority member may have an item placed on an agenda at any time consistent with all applicable notice requirements.


      4. Items Not On Agenda.

        Matters that do not require separate public notice may, with the consent of the majority of the Port Authority present, be considered and acted upon at any regular Port Authority meeting.


    4. CONTINUANCE OF MEETINGS DUE TO EMERGENCY


      Where necessary to continue a public meeting due to an emergency, the Clerk, the Executive Director, and the Port Authority Attorney are delegated authority to continue the meeting to a date certain or indefinitely. The continuance shall be announced at the time and place where the meeting was scheduled to begin and, where possible, shall be publicly announced prior thereto so as to provide reasonable public notice thereof.


      For purposes of this rule, an “emergency” means an emergency as defined in Florida Statutes §252.34(3), as amended, or as declared by the Governor of Florida or by the Manatee County Board of County Commissioners or a natural or manmade disaster or threat thereof that in the reasonable judgment of the Chairman, the Executive Director or Law Enforcement renders the Port Authority’s meeting environment unduly dangerous to the Port Authority, staff or the public.


  5. CONDUCT OF MEETINGS.


    1. GENERALLY.

      At the hour set for each meeting, members of the Port Authority, the Port Authority Attorney, the Executive Director, and the Clerk shall be seated and the business of the Port Authority shall be taken up in accordance with the agenda prepared for the meeting. The Chairman may take business out of order if he or she determines that such a change will expedite the business of the Port Authority or will otherwise be in the Port Authority’s best interest.


    2. RULES OF DEBATE.


      1. Questions Under Consideration.

        When a motion is presented and seconded, it is under consideration and no other motion shall be received thereafter, except to amend, to adjourn, to lay on the table (i.e., to postpone indefinitely), to continue or defer to a date uncertain (i.e., to postpone until the occurrence of an independent event which will definitely occur at an unknown time), or to continue or defer to a date certain until the question is decided. These types of motions shall have preference in the order in which they are mentioned and motions to

        adjourn or to lay on the table shall be decided without debate. Upon the request of the Port Authority Attorney, made prior to final action on any matter, that the matter be deferred or continued to a future Port Authority agenda, the Port Authority shall vote on whether to defer or continue the matter as requested.


      2. Motions by the Chairman.

        The Chairman may second any motion; however, the Chairman must relinquish the Chair to make any motion. The Chairman shall not resume the Chair until the Port Authority has acted upon his or her motion.


      3. Discussion.

        Every Port Authority member desiring to speak for a purpose shall notify the presiding officer and, upon recognition, shall confine himself or herself to the question under debate. Provided, however, the Chairman may allow dialogue with each other to obtain information or clarification on an issue under discussion.


      4. Interruption.

        A Port Authority member, once recognized, shall not be interrupted when speaking, unless it is to call that Port Authority member to order or as herein otherwise provided. If a Port Authority member, while speaking, is called to order, or if a question of personal privilege is raised, the Port Authority member who had the floor shall cease speaking until the question of order or privilege is determined by the Chairman and, if in order, that Port Authority member shall thereafter be permitted to proceed. A ruling of the Chairman on a point of order can be overturned by a majority vote of the Port Authority members present. A question of privilege is defined as a pressing situation affecting a right or privilege of the Port Authority or an individual Port Authority member that warrants interruption of pending business. Examples are the need to deal with disruptive noise, inadequate ventilation, or introduction of a legally confidential subject in the presence of those not entitled to knowledge thereof.


    3. ADDRESSING THE AUTHORITY.


      A member of Port Authority staff who addresses the Port Authority shall first be identified for the record and shall utilize the speaker’s lectern or microphones made available so as to allow his or her comments to be recorded. Each other person who addresses the Port Authority shall speak from the speaker’s lectern, or when appropriate, use a portable microphone, and shall provide his or her name, whether he or she is a tenant at Port Manatee or resident of Manatee County and whether he or she speaks on behalf of others. Time restrictions on members of the public addressing the Port Authority shall be as set forth below or otherwise established by the Chairman or the Port Authority and shall be kept by the Clerk.

      1. Public Comments at Regular Meetings, Special Meetings, and Workshops.

        Subject to Port Authority’s Procedures sections 5.4.1 through 5.4.3, the Port Authority shall allow individuals to address the Port Authority for three (3) minutes for non-agenda items generally or three (3) minutes per agenda item to bring to the Port Authority’s attention a matter that is appropriate for the Port Authority’s action under Port Authority’s Procedures Section 2.1. Extensions of time may be granted by the Chair, without objection, or by the Board. Comments in public hearing shall be allowed as set forth in section 5.5. A person who desires to address the Port Authority during Public Comment shall raise their hand during the public comment period and when called upon, indicate whether he or she speaks for others, whether he or she is a Port Manatee tenant or resident of Manatee County, and the topic about which he or she desires to address the Port Authority. If the subject of a person’s comments is on the agenda for that day, the person shall be heard when the Port Authority takes up the agenda item rather than during Public Comment. As to items not on the agenda, the Port Authority shall not ordinarily take action at the same meeting wherein an item is first raised, but may direct that the item be placed on a future agenda. This section 5.3.1 is not intended to create a general public forum for the discussion of any topic.


    4. ORDERLY MEETINGS.


      1. The Chairman or the highest ranking Vice Chairman present shall preside at the meetings and shall initially decide all procedural questions. The ruling of the Chairman on a procedural issue can only be overturned by a majority vote of the Port Authority members present.


      2. All persons in attendance at a Port Authority meeting, hearing, or workshop shall conduct themselves in a civil manner and refrain from action that disrupts the meeting or hinders the Port Authority in performing its duties. To these ends such persons are prohibited from:


        1. committing acts of violence toward any person;


        2. making threats of violence or speaking “fighting words” that are likely to provoke violence;


        3. disrupting the proceedings with excessive commotion or excessively loud shouting or other noise or use of obscene or crude language;


        4. interfering with the rights of others to speak, hear, see, or attend the proceedings;


        5. being unduly repetitious or presenting matters not relevant to the agenda item under consideration;


        6. making personal attacks or insults against any person;


        7. speaking on a subject about which the Port Authority has already taken a position or about which the Port Authority has voted not to receive further comment;


        8. continuing to speak after the allotted time has expired or after having been ruled out of order; and


        9. speaking on a subject that is clearly outside the purview of Section 2.1.


      3. The Chairman shall rule out of order any person(s) violating these provisions for orderly meetings. In appropriate situations, e.g., if such person(s) refuse to cease such violations, the Chairman may have such person(s) removed from the meeting, hearing, or workshop by law enforcement personnel or take such other actions as may be reasonably necessary to enforce these requirements.


    5. PUBLIC HEARINGS.


      1. Explanation of Terms.

        For purposes of the Port Authority’s Procedures, unless the context requires otherwise, the following terms have the definitions set forth or the usages explained below:


        1. “Public Hearing” - refers to a hearing where the public is entitled to be heard on a matter pending before the Port Authority.


        2. “Quasi-judicial Hearing” - refers to a type of public hearing in which the Board is required to assume a more adjudicatory role, as distinguished from a legislative role. In quasi-judicial hearings certain procedural requirements are imposed by law. An appeal to the Port Authority of an administrative determination; and such other hearings as may be required by law to be treated as quasi-judicial.


        3. “Affected Persons” - means a party in a quasi-judicial hearing whose interest and involvement in a public hearing matter is such that he or she would have legal standing under Florida Law as a party in court or administrative litigation challenging Board action in the matter.


        4. “Applicant(s)” – means person(s) who has/have duly made formal application for Board action or approval in a quasi- judicial context of an item affecting their rights.


        5. “Proponent(s)” – In a quasi-judicial setting, means person(s) other than an Applicant, who support an Applicant’s position; or, in other settings, means person(s) who favor an affirmative decision on a matter under consideration by the Port Authority.


        6. “Opponent(s)” – In a quasi-judicial setting, means person(s) who oppose an Applicant’s position; or, in other settings means persons who oppose an affirmative decision on a matter under consideration by the Port Authority.


      2. Conduct of Public Hearings.

        Public hearings shall ordinarily proceed in the following manner:


        1. Initial Presentation by Staff. Staff shall make the initial presentation to the Port Authority regarding any item under consideration.


        2. Public Comment. After presentation by staff, the Chairman shall open the public comment portion of the public hearing for the purpose of hearing persons who want to be heard on the item under consideration.


        3. Closing of Public Comment. The Chairman shall close the public comment portion of the public hearing upon the conclusion of the comments of the last appropriate speaker or the expiration of the speaking times allowed under the procedures. Thereafter, unless time for public comment is extended or public comment is re-opened in accordance with these procedures, no additional public comments shall be allowed except in specific response to questions by staff or Port Authority members.


        4. Staff Response and Summary. After public comment is closed, staff shall be allowed an opportunity to respond, to summarize, or to further explain staff’s position and to advise of changes in staff’s position, if any.


        5. Inquiry, Clarification and Comments During Presentations. It is the intent of the Port Authority that its public hearings be orderly and to that end interruption of presentations is ordinarily to be avoided. It is also the intent of the Port Authority that a complete

          record of relevant facts be established and a complete understanding of the matters under consideration be obtained. Accordingly, the Chairman, at any time during a public hearing, may allow Port Authority members to comment or make inquiry of persons addressing the Port Authority, or of staff or other persons in attendance or may allow staff, the Executive Director or the Port Authority Attorney to comment or make such inquiries.


      3. Conduct of Quasi-judicial Public Hearings.


        1. Oath or Affirmation. Prior to addressing the Board at a quasi- judicial public hearing, each person who intends to address the Board shall declare, pursuant to oath or affirmation administered by the Clerk, or other duly authorized person, that the factual statements or representations that he or she will present shall be truthful and accurate. The form of oath or affirmation shall be substantially similar to that provided in “Attachment 1” hereto. Any person who knowingly makes a false statement or representation under oath or affirmation shall be subject to criminal and other sanctions as provided by law.


        2. Introduction by Staff. Port Authority staff shall introduce the quasi-judicial matter to the Board so as to provide an overview of the matter, and identify issues for the Board's consideration.


        3. Ex Parte Communications. Board members may enter into the record factual matters which are not already contained in the record, when such Board members have personal knowledge pertaining to the physical characteristics of a site, its surroundings, or other communications relevant to the matter being heard.


        4. Applicant’s Presentation. The Applicant shall be allowed to make a presentation to the Board. The Applicant carries the burden of proof.


        5. Staff’s Presentation. After the Applicant’s presentation, staff shall present the staff’s report and recommendation.


        6. Public Comment. After presentation by the Applicant and staff, the Chairman shall open the public comment portion of the quasi-judicial hearing for the purpose of hearing persons who want to be heard on the item under consideration.

        7. Closing of Public Comment. The Chairman shall close the public comment portion of the public hearing upon the conclusion of the comments of the last appropriate speaker or the expiration of the speaking times allowed under these procedures. Thereafter, unless time for public comment is extended or public comment is re-opened in accordance with these procedures, no additional public comments shall be allowed except in specific response to questions by staff or Port Authority members.


        8. Staff Response and Summary. After public comment is closed, staff shall be allowed an opportunity to respond, to summarize, or further explain staff's position and to advise of changes in staff’s position, if any.


        9. Applicant’s Rebuttal Presentation. After staff response, the Applicant’s rebuttal shall be allowed in quasi-judicial matters. Rebuttal shall only address comments made in the previous presentations.


        10. Factual Errors. Any person(s) who believe that the rebuttal presentation includes an error of fact may be allowed an opportunity to point out such error of fact. This relates to a demonstrable falsehood or misstatement of objective fact. It is not an opportunity to argue the merits of a proposal.


        11. Port Authority and Staff Inquiry. After staff and Applicant(s), have made presentations as outlined above and the public comments portion of the hearing is closed, the Port Authority shall have a final opportunity to comment or ask questions of any Applicant, staff member or other persons who provided testimony. The Chairman may allow staff to respond to comments of an Applicant or Citizen at this time.


        12. Inquiry, Clarification and Comments During Quasi-judicial Presentations. It is the intent of the Port Authority that its quasi- judicial public hearings be orderly and to that end interruption of presentations is ordinarily to be avoided. It is also the intent of the Port Authority that a complete record of relevant facts be established and a complete understanding of the matters under consideration be obtained. Accordingly, the Chairman, at any time during a public hearing, may allow Port Authority members to comment or make inquiry of persons addressing the Port Authority, or of staff or other persons in attendance or may allow staff, the Executive Director or the Port Authority Attorney to comment or make such inquiries. In quasi-judicial hearings,

          affected parties may ask questions, through the Chairman, of the person(s) who make a presentation to the Port Authority. The Chairman may allow the affected parties' question(s) during the presentation or may require the question(s) to await the conclusion of the presentation, in accordance with the above stated intent of the Port Authority.


      4. Time Periods for Public Hearing Matters.

        The following time limits shall apply to presentations in public hearings:


        1. an Applicant seeking a quasi-judicial review of a matter shall be entitled to a total of fifteen (15) minutes without interruption;


        2. persons who have been authorized to represent an organization with five (5) or more members or a group of five (5) or more persons shall be entitled to speak ten (10) minutes without interruption;


        3. all other persons shall be entitled to speak three (3) minutes each without interruption;


        4. an Applicant’s rebuttal shall be limited to five (5) minutes, unless otherwise set by the Chairman; and


        5. pointing out factual errors shall be limited to one (1) minute, unless otherwise set by the Chairman.


      5. Other Procedural Guidelines.


        1. Registration of Speakers. Persons who desire to make presentations at a public hearing shall, prior to the time at which the item is to be heard, register with the designated staff on the forms provided, and shall provide such information as required to organize the agenda and order of presentation. Five (5) or more persons associated together as Proponents or Opponents of an item may be required to select a spokesperson.


        2. Limit On Presentations. No person who has made a presentation for or against an item at a given meeting shall be allowed to make additional comments as of right except where due process requires it.


        3. Authorization of Group Representatives. Before a person representing an organization or group speaks, that person shall state whom he or she represents and establish how he or she received authorization to speak on behalf of such organization

          or group of persons, which shall include written authorization, unless the Chairman waives this requirement. In quasi-judicial hearing matters, anyone representing an organization must present written evidence of their authority to speak on behalf of the organization in regard to the matter under consideration. The Board may make further inquiry into the representative authority of such person. Only one ten minute time allotment per hearing is allowed for each organization or group of persons represented at the hearing.


        4. Interruption of Presentations. Notwithstanding any provisions herein, the Chairman of the Port Authority, the Executive Director, or the Port Authority Attorney may interrupt and request termination or other appropriate limitation of any presentation or discussion of matters that should not appropriately or legally be considered by the Port Authority under its Special Act, applicable Florida Statutes, decisions of Florida or federal courts, or other applicable legal authority, in deciding the item then under consideration.


        5. Experts. A person purporting to offer expert testimony shall identify any educational, occupational, and other expertise that they possess that is relevant to their qualifications to speak regarding the matter under consideration. Any Port Authority member, the Executive Director, or the Port Authority Attorney may inquire further as to such expertise.


        6. Additional Time For Presentations. The Port Authority or the Chairman, without objection, may allow more than the allotted time for presentations by an Applicant, Proponent, or an Opponent, or other speaker regarding an item, if the additional time is requested. In order to conserve time and facilitate an orderly meeting, preference shall be given to such requests when they are made in advance of the meeting to the Executive Director if more than a total of one-half (½) hour is requested by an Applicant, Proponent, or Opponent, the request must be submitted in writing not later than the day before the meeting at which the item is to be heard; provided, however, even in the absence of a timely request for additional time to make a presentation, the Chairman, without objection, or the Port Authority may grant such extension where, in its discretion, it is necessary to do so because of the considerations of law, equity, or fairness.


        7. Continued Public Hearings

          1. GENERALLY. In any matter where it is known that a scheduled public hearing will be continued to a future date certain, the staff report may be postponed or abbreviated and public comment may be limited to those persons who state that they believe they cannot be available to speak on the date to which the public hearing is being continued. Such persons shall be allowed to make their comments at the then current meeting if there is a quorum; provided, however, that upon making their comments, such persons shall waive the right to repeat or make substantially the same presentation at any subsequent meeting on the same subject. This waiver shall not preclude such persons from making different presentations based on new information or from offering response to other persons’ presentations, if otherwise allowable, at any subsequent meeting.


          2. REQUEST FOR A FULL MEMBERSHIP OF THE AUTHORITY. Not more than one continuance of a public hearing shall be granted on the grounds of a desire to obtain attendance by the entire membership of the Port Authority. Once a request to continue has been granted on those grounds, further continuances may be granted only for other grounds and where good cause is shown.


        8. Termination of Presentations. At any Port Authority proceeding, the Chairman, unless overruled by a majority of the Port Authority members present, may restrict or terminate presentations which in the Chairman’s judgment are irrelevant, frivolous, unduly repetitive, out of order, or in violation of the Port Authority’s Procedures.


        9. Written Comments. Applicant(s), Proponent(s) and Opponent(s) of any matter under consideration by the Port Authority shall be entitled to submit timely written comments for consideration by the Port Authority. Relevant and admissible written comments submitted shall be considered and entered into the record of the meeting. All written comments received by Port Authority members regarding a matter that is the subject of a quasi-judicial public hearing shall be distributed to all Port Authority members, Executive Director, and Port Authority Attorney, and shall be made available for review by the Applicant and public, and entered into the record of the meeting.

        10. Officials and Dignitaries. Notwithstanding other provisions hereof, the Chairman may allow any elected or appointed public official, or representative thereof, or other dignitary to appear and make presentations at any time with regard to matters under consideration.


      6. Voting, Motions, and Reconsideration.


        1. Voting. Unless otherwise provided by law, when the Port Authority has finished discussion and is ready to vote a question, the Chairman shall call for the vote. Upon request, the Clerk shall read back or restate a motion before a vote is taken. Each Port Authority member shall vote “aye” or “nay” or abstain from voting when legally required or allowed to do so. Immediately prior to, or after the vote, the Chairman may allow any Port Authority member to give a brief statement to explain his or her vote, which shall not be used to further argue in favor of or against the motion. A Port Authority member shall have the privilege of filing with the Clerk a written explanation of his or her vote which shall become part of the record of the proceeding. The vote upon any question shall be by voice vote unless any Port Authority member requests that a roll call vote or show of hands be taken. Provided, that when necessary for the purpose of accurately ascertaining the outcome of a vote or for compliance with legal requirements, the Clerk may require a roll call vote or show of hands.


        2. Preparation or Modification of Motions. Prior to a vote on any matter, a Port Authority member may request that staff or the Port Authority Attorney prepare or modify the motion during a recess called for that purpose. Alternatively, if advisable in the Port Authority’s discretion, staff or the Port Authority Attorney may be instructed to prepare wording to be brought back to the Port Authority later for motion and vote at that meeting or a subsequent meeting of the Port Authority. The Port Authority or Executive Director may request that a motion and vote be delayed to allow preparation or revision of a motion, as provided hereunder.


        3. Tie Votes. When the vote of the Port Authority is equally divided, the status quo ante shall be maintained. In such an event, a person who sought a change in status quo shall be considered to have had the request denied and shall have available the same remedies or rights of review that one would have had if the request had been denied by a majority vote of the Port Authority, unless, at the same meeting, the Port Authority

          votes to approve it with conditions or stipulations attached, or to table, defer, or continue the matter in an attempt to obtain action by a majority vote.


        4. Routine Reconsideration. When a question has been decided by the Port Authority, a Port Authority member voting on the prevailing side may move for reconsideration of the question at the same meeting or the next regular meeting of the Port Authority. If the question was decided by a tie vote, any Port Authority member may move for reconsideration of the question at the same meeting or at the next regular meeting of the Port Authority where a full Port Authority is present. In no event shall the motion to reconsider be made later than thirty (30) days after a vote on a quasi-judicial matter.


        5. Reconsideration Due to Vote Based on Mistake. Upon a finding by a majority of the Port Authority at any time that there is reason to believe that a vote of the Port Authority within the previous one year was based upon material mistake of fact or erroneous information, the matter may be brought up for reconsideration. Upon a finding by a majority of the Port Authority at any time that the material mistake of fact or erroneous information was intentionally caused or allowed by the person or entity in whose favor the previous vote was cast, the vote may be rescinded and all rights, duties, or liabilities thereunder modified or rendered null and void ab initio. Prior to rescinding such a vote, the Port Authority shall, where necessary to insure due process of law, grant notice and opportunity to be heard to all persons who would be affected by such action.


        6. Corrections of Clerical Errors. Any Port Authority member may move at any time for correction of clerical, typographical or scriveners errors inadvertently included in any matter previously passed by the Port Authority.


                1. Effect of Approvals and Denials of Motions. When a matter is brought forward to a vote based on a motion to approve it or approve it with modifications, and such motion fails, the status quo ante shall be maintained and the matter shall be considered to have been denied. A denial shall not preclude a subsequent motion to approve with different modifications at the same meeting. When a matter is brought to a vote based upon a motion to deny it, and said motion fails, the matter shall not be considered granted and shall be treated as if no action has been taken on the matter. Such a vote shall not preclude a subsequent

                  motion at the same meeting to approve or approve with modifications.


                2. Reconsideration of Item(s) on Consent Agenda or Presentations Upon Request Agenda. Where the Port Authority votes to reconsider one or more items that were previously approved on the consent agenda or presentations upon request agenda, the Port Authority may specify which item(s) shall be reconsidered and reconsider same without affecting the previous approval of the remaining items on the consent agenda or presentations upon request agenda.


                3. Reconsideration to Resolve a Legal Dispute. The Port Authority may reconsider a prior decision, regardless of the time elapsed, when advised to do so by the Port Authority Attorney for the purpose of resolving a legal dispute arising from the decision.


      7. Port Authority Election of Members of Advisory Committees and the Like.


        1. When the Port Authority is electing members of advisory committees and the like, each Port Authority member shall have the same number of votes as there are positions to be filled, though each Port Authority member may only cast one vote per position.


        2. The vote will proceed on nominees in the order they are nominated.


        3. If fewer than all positions are elected after the first vote, or if there is a tie vote, there shall be a runoff between the persons tied for the highest number of votes. If one candidate has a plurality and others are tied with a lesser number of votes, there shall be runoff between the candidates who are tied to determine which of them shall be in a subsequent runoff with the plurality candidate.


        4. Multiple ballots may be taken if necessary to attempt to break a deadlock. If the Port Authority is unable to break a deadlock, the advisory committee position will remain unfilled until such time as there is a vote by a full Port Authority or the deadlock is otherwise broken.


            1. ADJOURNMENT.

          At the conclusion of business, the Chairman shall call for a motion to adjourn the meeting. Alternatively, the Chairman may inquire whether there is any further

          business to come before the Port Authority and if no one speaks, may adjourn the meeting.


  6. THE RECORD.


    1. AUTOMATICALLY INCLUDED IN THE RECORD OF DECISION OF THE AUTHORITY.

      The following documents shall automatically be included in the record of the decision of the Port Authority:


      1. all records of the Port Authority maintained by the Clerk of the Circuit Court; which include agenda packet, staff reports and all items placed in the record under 6.2;


      2. the most recent copies of resumes previously filed with the Clerk of the Circuit Court of Port Authority staff and agents speaking on the matter that had been considered;


      3. comments, documents and exhibits previously entered into the record at a prior Port Authority meeting on the particular matter or on file with the Clerk of the Circuit Court or Executive Director prior to the public hearing including written communications to the Port Authority members and staff, if any; and


      4. memoranda from the Port Authority Attorney directed to Port Authority members or other Port Authority staff on that item.


    2. ITEMS WHICH SHALL BE PLACED IN THE RECORD.

      Any photographs, tapes, discs, or other recordings, documents, exhibits, diagrams, petitions, letters, or other materials presented to the Port Authority in support of, or in opposition to, an item to be considered by it shall be entered into the record. Where such items are in the form of handouts to be viewed by Port Authority members at a meeting, the presenter shall provide at least 12 copies. Additional copies may be required where necessary to meet public requests. The Port Authority may accept legally inadmissible items into the record for the purposes of preserving the record for appellate review, provided that Port Authority members shall not consider those items, or parts thereof, which are inadmissible in reaching their decision. In the event the Port Authority has any questions as to the admissibility of any item presented for placement into the record, the Port Authority may defer admission of the item pending an opinion from the Port Authority Attorney.


    3. CUSTODIAN.

      The Clerk of the Circuit Court shall be custodian of all of the documents entered into the record at any public hearing. Notwithstanding the foregoing, the Executive Director or his or her designee shall be the Port Authority’s Records Custodian and

      shall maintain all other Port Authority documents and shall maintain such documents as required under applicable law.


    4. CORRECTION OF ERRORS IN THE RECORD.

      In the event the Port Authority determines that there was an error, either of the Port Authority or an omission regarding the placement of an item into the record, any member of the Port Authority may move to correct such error and such act of correction shall be done upon a majority vote of the members of the Port Authority.


    5. EXHIBITS.

      Unless an oversized exhibit is absolutely essential, documentary paper or photographic exhibits shall not exceed 11 inches by 17 inches and, if mounted on a backboard, shall be removable therefrom.


    6. SUBSTITUTION OF COPIES OF EXHIBITS.

      When a person submits an original document as an exhibit for the Port Authority’s consideration, the Port Authority or the Clerk, unless the Port Authority holds otherwise, may approve substitution of a copy or duplicate thereof after viewing the original and the copy or duplicate. The Clerk may then return the original to said person. Alternatively, the Clerk may, in the Clerk’s discretion, and at the expense of the person requesting the return of the original, make or arrange for the making of a copy of the exhibit after which the original may be returned to the person requesting it.


  7. CONFLICTS; USE OF OTHER RULES.


    1. CONFLICT WITH LAWS.

      In any instance where the procedures established herein violate or are in conflict with federal or state law, local law, or final and binding order of a court or administrative agency, or rights thereunder, the procedures established in the Port Authority’s Procedures will be inoperative to the extent of such conflict. If any portion hereof is finally held by a court of competent jurisdiction to be invalid, such portion is deemed severable from the remainder and, to the extent possible the remainder will be operative without the invalid portion.


    2. ROBERT’S RULES OF ORDER.

      In all cases not covered by these procedures, Robert’s Rules of Order, eleventh edition, shall be used as a general guide and may be followed by the Chairman, unless the Port Authority overrules the Chairman.


  8. DIRECTION FROM AUTHORITY TO STAFF.


    The Authority sets policy and the Executive Director carries out the adopted policies. Any Authority member seeking information or administrative services shall address those matters with the Executive Director and the Executive Director shall direct staff as needed.

  9. PUBLICATION.


Upon adoption of the Port Authority’s Procedures and any amendment hereof, the Executive Director shall cause same to be published in a form suitable for distribution to the public. Copies shall be provided by the Executive Director to all persons who request them. Copies shall be available for review by the public at all meetings of the Port Authority.


ATTACHMENT 1


Do you swear, or affirm, that the factual statements and factual representations which you are about to give or present before or to this Port Authority during this public hearing will be truthful and accurate?

Manatee County Port Authority Warrant (Check) Listing

02/12/2020 to 05/11/2020

image

AP

XXXXXXX

V019302

ABBOTT, PAUL SCOTT

1,800.00

AP

XXXXXXX

V019302

ABBOTT, PAUL SCOTT

243.75

AP

XXXXXXX

V026744

ACTION RENTALS TPA LLC

19,121.00

AP

XXXXXXX

V026102

ADVANCED ESI LLC

7,313.57

AP

XXXXXXX

V103830

AERIAL INNOVATIONS INC.

83.00

AP

XXXXXXX

V025742

AIR DELIGHTS INC

416.34

AP

XXXXXXX

V025267

ALLEGRA PRINTING OF BRADENTON

31.18

AP

XXXXXXX

V025267

ALLEGRA PRINTING OF BRADENTON

130.04

AP

XXXXXXX

V017375

ALLSTAR DISPOSAL RECYCLING

630.90

AP

XXXXXXX

V109817

AMERICAN ASSOCIATION OF, THE

700.00

AP

XXXXXXX

V023321

AMERICAN EXPRESS TRAVEL RELATE

3.44

AP

XXXXXXX

V004322

AMERICAN JOURNAL OF TRANSPORTA

1,500.00

AP

XXXXXXX

V004322

AMERICAN JOURNAL OF TRANSPORTA

1,500.00

AP

XXXXXXX

V025322

ANGELOS RECYCLED MATERIALS

19,190.96

AP

XXXXXXX

V025322

ANGELOS RECYCLED MATERIALS

27,232.98

AP

XXXXXXX

V113719

APEX OFFICE PRODUCTS INC

245.71

AP

XXXXXXX

V113719

APEX OFFICE PRODUCTS INC

116.36

AP

XXXXXXX

V113719

APEX OFFICE PRODUCTS INC

251.43

AP

XXXXXXX

V113719

APEX OFFICE PRODUCTS INC

181.29

AP

XXXXXXX

V113719

APEX OFFICE PRODUCTS INC

114.84

AP

XXXXXXX

V113719

APEX OFFICE PRODUCTS INC

325.52

AP

XXXXXXX

V113719

APEX OFFICE PRODUCTS INC

5,485.76

AP

XXXXXXX

V113719

APEX OFFICE PRODUCTS INC

86.86

AP

XXXXXXX

V113719

APEX OFFICE PRODUCTS INC

833.26

AP

XXXXXXX

V113719

APEX OFFICE PRODUCTS INC

140.97

AP

XXXXXXX

V113719

APEX OFFICE PRODUCTS INC

70.89

AP

XXXXXXX

V005164

APPLIED AQUATIC MANAGEMENT INC

895.00

AP

XXXXXXX

V005164

APPLIED AQUATIC MANAGEMENT INC

895.00

AP

XXXXXXX

V023254

ARCPOINT LABS OF SARASOTA

80.00

AP

XXXXXXX

V118009

AT AND T

64.80

AP

XXXXXXX

V118009

AT AND T

64.80

AP

XXXXXXX

V013140

AT AND T MOBILITY

46.94

AP

XXXXXXX

V013140

AT AND T MOBILITY

49.08

AP

XXXXXXX

V013140

AT AND T MOBILITY

46.94

AP

XXXXXXX

V013140

AT AND T MOBILITY

46.62

AP

XXXXXXX

V023501

AT AND T TELECONFERENCE SERVIC

29.58

AP

XXXXXXX

V023501

AT AND T TELECONFERENCE SERVIC

72.23

AP

XXXXXXX

V008136

ATLANTIC TRACK AND TURNOUT INC

750.55

AP

XXXXXXX

V008136

ATLANTIC TRACK AND TURNOUT INC

1,745.00

AP

XXXXXXX

V120002

B AND H PHOTO VIDEO INC

1,775.72

WT

XXXXXXX

V019189

BANK OF AMERICA

9,157.28

WT

XXXXXXX

V019189

BANK OF AMERICA

11,955.06

WT

XXXXXXX

V019189

BANK OF AMERICA

5,172.83

AP

XXXXXXX

V002730

BANK OF AMERICA

256.38

AP

XXXXXXX

V002730

BANK OF AMERICA

387.44

AP

XXXXXXX

V004571

BATTERY USA INC

271.50

Manatee County Port Authority Warrant (Check) Listing

02/12/2020 to 05/11/2020


AP

XXXXXXX

V154927

BIRMINGHAM RAIL AND LOCOMOTIVE

990.00

AP

XXXXXXX

V024209

BLUE TARP CREDIT SERVICES

59.98

AP

XXXXXXX

V162113

BOBS CARPET MART

7,385.00

AP

XXXXXXX

V170611

BOYD INSURANCE AGENCY INC

68.00

AP

XXXXXXX

V170611

BOYD INSURANCE AGENCY INC

8,935.25

AP

XXXXXXX

V018877

BRADENTON AREA ECONOMIC DEVELO

195.00

AP

XXXXXXX

V173007

BRADENTON FUEL OIL INC

694.10

AP

XXXXXXX

V173007

BRADENTON FUEL OIL INC

893.75

AP

XXXXXXX

V007624

BRIGHT HOUSE

877.27

AP

XXXXXXX

V007624

BRIGHT HOUSE

1,427.25

AP

XXXXXXX

V007624

BRIGHT HOUSE

549.98

AP

XXXXXXX

V009839

BRYANT MILLER AND OLIVE PA

3,108.50

AP

XXXXXXX

P000278

BUQUERAS, CARLOS

1,592.01

AP

XXXXXXX

P000278

BUQUERAS, CARLOS

161.73

AP

XXXXXXX

P000278

BUQUERAS, CARLOS

1,164.71

AP

XXXXXXX

V196809

BUSINESS RESOURCE INC

163.97

AP

XXXXXXX

V018138

CALIBRATE USA

155.40

AP

XXXXXXX

V024368

CARR RIGGS AND INGRAM LLC

2,530.00

AP

XXXXXXX

V026390

CARVER MARITIME MANATEE LLC

1,111.35

AP

XXXXXXX

V026390

CARVER MARITIME MANATEE LLC

320.69

AP

XXXXXXX

V200106

CSX TRANSPORTATION

3,600.00

AP

XXXXXXX

V010160

CURLIN INC

345.45

WT

XXXXXXX

V334600

DIVISION OF RETIREMENT, FLORID

40.84

AP

XXXXXXX

V025612

DYNAFIRE INC

1,404.42

AP

XXXXXXX

V025972

ELECTRONIC SYSTEM SERVICES INC

33,836.60

AP

XXXXXXX

V022096

ENTECH

395.00

AP

XXXXXXX

V022096

ENTECH

395.00

AP

XXXXXXX

V022096

ENTECH

419.00

AP

XXXXXXX

V022096

ENTECH

395.00

AP

XXXXXXX

V022096

ENTECH

462.48

AP

XXXXXXX

V323190

FASTENAL COMPANY

87.00

AP

XXXXXXX

V323190

FASTENAL COMPANY

16.10

AP

XXXXXXX

V320018

FCCA FOUNDATION FOR THE CARIBB

25,000.00

AP

XXXXXXX

V324212

FEDERAL EXPRESS CORPORATION

11.26

AP

XXXXXXX

V324212

FEDERAL EXPRESS CORPORATION

74.84

AP

XXXXXXX

V324212

FEDERAL EXPRESS CORPORATION

18.36

AP

XXXXXXX

V324212

FEDERAL EXPRESS CORPORATION

33.14

AP

XXXXXXX

V020901

FIRKINS CHRYSLER JEEP DODGE

168.66

AP

XXXXXXX

V017454

FIRST CHOICE MARINE SUPPLY

786.00

AP

XXXXXXX

V023189

FIRST MANATEE TAG AGENCY INC

269.73

AP

XXXXXXX

V026783

FIX N FLY DRONES LLC

297.00

ZP

XXXXXXX

L333009

FLEET PRODUCTS

47.30

AP

XXXXXXX

V335029

FLORIDA CUSTOM BROKERS AND

425.00

AP

XXXXXXX

V019264

FLORIDA DOOR CONTROL

346.50

AP

XXXXXXX

V007961

FLORIDA INDUSTRIAL SCALE COMPA

1,213.00

AP

XXXXXXX

V334298

FLORIDA MUNICIPAL INSURANCE TR

41,547.75

Manatee County Port Authority Warrant (Check) Listing

02/12/2020 to 05/11/2020


ZP

XXXXXXX

L024635

FLORIDA PAINTS

467.80

AP

XXXXXXX

V334116

FLORIDA PORTS COUNCIL

31,977.00

AP

XXXXXXX

V019619

FLORIDA POWER AND LIGHT COMPAN

15,221.48

AP

XXXXXXX

V019619

FLORIDA POWER AND LIGHT COMPAN

1,819.63

AP

XXXXXXX

V019619

FLORIDA POWER AND LIGHT COMPAN

883.36

AP

XXXXXXX

V019619

FLORIDA POWER AND LIGHT COMPAN

55,532.71

AP

XXXXXXX

V019619

FLORIDA POWER AND LIGHT COMPAN

10,162.84

AP

XXXXXXX

V019619

FLORIDA POWER AND LIGHT COMPAN

1,898.06

AP

XXXXXXX

V019619

FLORIDA POWER AND LIGHT COMPAN

12,206.01

AP

XXXXXXX

V019619

FLORIDA POWER AND LIGHT COMPAN

50,480.97

AP

XXXXXXX

V019619

FLORIDA POWER AND LIGHT COMPAN

1,778.98

AP

XXXXXXX

P000316

FORD, TINA M

61.75

AP

XXXXXXX

V021937

FRONTIER COMMUNICATIONS OF FLO

2,438.34

AP

XXXXXXX

V021937

FRONTIER COMMUNICATIONS OF FLO

2,442.32

ZP

XXXXXXX

L007982

FRONTIER LIGHTING INC

1,199.70

AP

XXXXXXX

V020807

GENUINE AUTOMOTIVE

39.98

AP

XXXXXXX

V020807

GENUINE AUTOMOTIVE

311.82

AP

XXXXXXX

V020807

GENUINE AUTOMOTIVE

442.32

AP

XXXXXXX

V006728

GOVCONNECTION INC

1,160.18

AP

XXXXXXX

V006728

GOVCONNECTION INC

1,507.87

AP

XXXXXXX

V385107

GRAHAM WHITE SALES

349.31

AP

XXXXXXX

V385628

GRAINGER INC, W W

45.22

AP

XXXXXXX

V385628

GRAINGER INC, W W

191.28

AP

XXXXXXX

V385628

GRAINGER INC, W W

326.00

AP

XXXXXXX

V385628

GRAINGER INC, W W

12.59

AP

XXXXXXX

V385628

GRAINGER INC, W W

1,123.40

AP

XXXXXXX

V007986

GREATER TAMPA BAY MARINE ADVIS

833.33

AP

XXXXXXX

V397768

GULF PORTS ASSOCIATION

400.00

AP

XXXXXXX

V022245

GUYS HAULING AND DUMPSTER SERV

120.00

AP

XXXXXXX

V022245

GUYS HAULING AND DUMPSTER SERV

60.00

WT

XXXXXXX

V020386

HANCOCK BANK

29,253.12

WT

XXXXXXX

V020386

HANCOCK BANK

29,253.12

WT

XXXXXXX

V020386

HANCOCK BANK

29,253.12

AP

XXXXXXX

V023500

HOME DEPOT CREDIT SERVICES

77.90

AP

XXXXXXX

V023500

HOME DEPOT CREDIT SERVICES

258.95

AP

XXXXXXX

V023500

HOME DEPOT CREDIT SERVICES

201.55

AP

XXXXXXX

V023500

HOME DEPOT CREDIT SERVICES

447.95

AP

XXXXXXX

V023500

HOME DEPOT CREDIT SERVICES

118.74

AP

XXXXXXX

V023500

HOME DEPOT CREDIT SERVICES

486.29

AP

XXXXXXX

V023500

HOME DEPOT CREDIT SERVICES

407.15

AP

XXXXXXX

V023500

HOME DEPOT CREDIT SERVICES

65.65

AP

XXXXXXX

V023500

HOME DEPOT CREDIT SERVICES

249.24

AP

XXXXXXX

V023500

HOME DEPOT CREDIT SERVICES

439.67

AP

XXXXXXX

V026398

HOME DEPOT PRO, THE

411.14

AP

XXXXXXX

V464010

HOWCO ENVIRONMENTAL SERVICES

190.00

AP

XXXXXXX

V017862

ID WHOLESALER

466.70

Manatee County Port Authority Warrant (Check) Listing

02/12/2020 to 05/11/2020


AP

XXXXXXX

V007181

INSIGHT PUBLIC SECTOR

2,650.64

AP

XXXXXXX

V476897

INTERBAY AIR COMPRESSORS

210.00

AP

XXXXXXX

V896015

INTERISK CORPORATION

112.50

AP

XXXXXXX

V896015

INTERISK CORPORATION

75.00

AP

XXXXXXX

P000094

ISIMINGER, GEORGE

82.00

AP

XXXXXXX

V004875

J2 ARTS INC

150.00

AP

XXXXXXX

V012352

JANI KING OF TAMPA BAY

638.00

AP

XXXXXXX

V012352

JANI KING OF TAMPA BAY

1,276.00

AP

XXXXXXX

V012352

JANI KING OF TAMPA BAY

638.00

AP

XXXXXXX

V487310

JEFFCOAT INC

30.50

AP

XXXXXXX

V000060

JH WILLIAMS OIL CO INC

770.48

AP

XXXXXXX

V000060

JH WILLIAMS OIL CO INC

2,662.92

AP

XXXXXXX

V000060

JH WILLIAMS OIL CO INC

3,624.91

AP

XXXXXXX

V000060

JH WILLIAMS OIL CO INC

1,067.98

AP

XXXXXXX

V000060

JH WILLIAMS OIL CO INC

978.74

AP

XXXXXXX

V000060

JH WILLIAMS OIL CO INC

677.15

AP

XXXXXXX

V026038

JOCELYN HONG AND ASSOCIATES

5,000.00

AP

XXXXXXX

V026038

JOCELYN HONG AND ASSOCIATES

5,000.00

AP

XXXXXXX

V026038

JOCELYN HONG AND ASSOCIATES

5,000.00

AP

XXXXXXX

V493800

JOHNSON PRINTING

120.64

AP

XXXXXXX

V493800

JOHNSON PRINTING

193.46

AP

XXXXXXX

V493800

JOHNSON PRINTING

883.37

AP

XXXXXXX

V015114

JOHNSTONE SUPPLY

232.44

AP

XXXXXXX

V015114

JOHNSTONE SUPPLY

334.46

AP

XXXXXXX

V015114

JOHNSTONE SUPPLY

7,983.82

AP

XXXXXXX

V015114

JOHNSTONE SUPPLY

302.99

AP

XXXXXXX

V000423

LEWIS LONGMAN AND WALKER PA

16,211.30

AP

XXXXXXX

V018272

LIGHT BULB DEPOT OF TAMPA

645.00

AP

XXXXXXX

V018272

LIGHT BULB DEPOT OF TAMPA

467.85

AP

XXXXXXX

V026588

LINDER TURF AND TRACTOR

1,672.00

AP

XXXXXXX

V013723

LOGISTEC USA INC

7,000.00

AP

XXXXXXX

V013723

LOGISTEC USA INC

7,000.00

AP

XXXXXXX

V013723

LOGISTEC USA INC

7,000.00

AP

XXXXXXX

V004489

LOWES HOME CENTER INC

151.90

AP

XXXXXXX

V004489

LOWES HOME CENTER INC

113.04

AP

XXXXXXX

V004489

LOWES HOME CENTER INC

420.11

AP

XXXXXXX

V004489

LOWES HOME CENTER INC

344.71

AP

XXXXXXX

V004489

LOWES HOME CENTER INC

40.65

AP

XXXXXXX

V023184

LYNCH OIL COMPANY INC

358.72

AP

XXXXXXX

V023184

LYNCH OIL COMPANY INC

428.73

AP

XXXXXXX

V024291

MACKAY COMMUNICATIONS INC

672.20

AP

XXXXXXX

V024291

MACKAY COMMUNICATIONS INC

168.05

AP

XXXXXXX

V625403

MAINTENANCE TOO PAPER CO INC

303.04

AP

XXXXXXX

V625403

MAINTENANCE TOO PAPER CO INC

396.75

AP

XXXXXXX

V625403

MAINTENANCE TOO PAPER CO INC

460.82

AP

XXXXXXX

V627027

MANATEE CHAMBER OF COMMERCE

60.00

Manatee County Port Authority Warrant (Check) Listing

02/12/2020 to 05/11/2020


AP

XXXXXXX

V627027

MANATEE CHAMBER OF COMMERCE

60.00

AP

XXXXXXX

V627027

MANATEE CHAMBER OF COMMERCE

10.00

AP

XXXXXXX

V627027

MANATEE CHAMBER OF COMMERCE

5.00

AP

XXXXXXX

V004140

MANATEE COUNTY PUBLIC WORKS DE

699.60

UT

XXXXXXX

V004140

MANATEE COUNTY PUBLIC WORKS DE

7,914.37

UT

XXXXXXX

V004140

MANATEE COUNTY PUBLIC WORKS DE

7,606.05

AP

XXXXXXX

V021692

MANATEE RIVERSIDE ROTARY CLUB

125.00

AP

XXXXXXX

V013848

MARK SUPPLY INC

129.30

AP

XXXXXXX

V018513

MARTIN ASSOCIATES

5,000.00

AP

XXXXXXX

V018513

MARTIN ASSOCIATES

37,500.00

AP

XXXXXXX

V022877

MCGUIRE ELECTRIC INC

150.00

AP

XXXXXXX

P000261

MORRIS, TONI

61.75

AP

XXXXXXX

V017759

MOWERS INC

300.94

AP

XXXXXXX

V681645

NATIONAL RAILWAY EQUIPMENT

259.80

AP

XXXXXXX

V681645

NATIONAL RAILWAY EQUIPMENT

53.03

AP

XXXXXXX

V696429

NORTHERN SAFETY CO INC

198.66

AP

XXXXXXX

V696429

NORTHERN SAFETY CO INC

922.06

AP

XXXXXXX

V696429

NORTHERN SAFETY CO INC

316.79

AP

XXXXXXX

V696429

NORTHERN SAFETY CO INC

26.99

AP

XXXXXXX

V696429

NORTHERN SAFETY CO INC

178.56

AP

XXXXXXX

V026590

NTK AUTO GLASS SERVICE INC

100.00

AP

XXXXXXX

V701905

OFFICE DEPOT INC

1,872.45

AP

XXXXXXX

V701905

OFFICE DEPOT INC

1,352.06

AP

XXXXXXX

V701905

OFFICE DEPOT INC

73.18

AP

XXXXXXX

V701905

OFFICE DEPOT INC

1,557.79

AP

XXXXXXX

V701905

OFFICE DEPOT INC

239.99

AP

XXXXXXX

V701905

OFFICE DEPOT INC

13.98

AP

XXXXXXX

V020673

OREILLY AUTO PARTS

208.93

AP

XXXXXXX

V020673

OREILLY AUTO PARTS

152.51

AP

XXXXXXX

V020673

OREILLY AUTO PARTS

169.16

AP

XXXXXXX

V706455

ORKIN PEST CONTROL

2,118.06

AP

XXXXXXX

V706455

ORKIN PEST CONTROL

2,020.73

AP

XXXXXXX

V706455

ORKIN PEST CONTROL

407.88

AP

XXXXXXX

V708015

OTIS ELEVATOR

2,877.48

AP

XXXXXXX

V010854

P & T FILTER SALES INC

78.05

AP

XXXXXXX

V010854

P & T FILTER SALES INC

104.24

AP

XXXXXXX

V026631

PALMETTO AUTO WAREHOUSE LLC

562.99

AP

XXXXXXX

V026631

PALMETTO AUTO WAREHOUSE LLC

141.97

AP

XXXXXXX

V026631

PALMETTO AUTO WAREHOUSE LLC

82.28

AP

XXXXXXX

V026631

PALMETTO AUTO WAREHOUSE LLC

103.50

AP

XXXXXXX

V026631

PALMETTO AUTO WAREHOUSE LLC

62.72

AP

XXXXXXX

V026631

PALMETTO AUTO WAREHOUSE LLC

915.56

AP

XXXXXXX

V026631

PALMETTO AUTO WAREHOUSE LLC

123.20

AP

XXXXXXX

V026631

PALMETTO AUTO WAREHOUSE LLC

331.54

AP

XXXXXXX

V024667

PALMETTO HARDWARE AND MORE

18.58

AP

XXXXXXX

V020352

PALMETTO ROTARY

696.00

Manatee County Port Authority Warrant (Check) Listing

02/12/2020 to 05/11/2020


AP

XXXXXXX

P000089

PATTERSON, TOBY C

76.00

AP

XXXXXXX

V021946

PEPPER CONTRACTING SERVICES IN

526,582.76

AP

XXXXXXX

V736427

PITNEY BOWES CREDIT CORP

500.00

AP

XXXXXXX

V012114

PITNEY BOWES GLOBAL FINANCIAL

141.00

AP

XXXXXXX

V022437

PREFERRED GOVERNMENTAL INSURAN

2,730.00

AP

XXXXXXX

V022437

PREFERRED GOVERNMENTAL INSURAN

7,519.75

AP

XXXXXXX

V018591

PRO MARINE INC

22.05

AP

XXXXXXX

V021677

PROPELLER CLUB OF THE UNITED S

350.00

AP

XXXXXXX

V748180

PUBLIX SUPER MARKET

412.11

AP

XXXXXXX

V748180

PUBLIX SUPER MARKET

640.55

AP

XXXXXXX

V748180

PUBLIX SUPER MARKET

288.90

AP

XXXXXXX

V015881

QUALITY MARINE CONSTRUCTION IN

5,600.00

AP

XXXXXXX

V020765

R S AND H INC

7,179.16

AP

XXXXXXX

V020765

R S AND H INC

6,099.06

AP

XXXXXXX

V019469

RAILINC CORPORATION

260.00

WT

XXXXXXX

V007824

REGIONS BANK

615,231.25

AP

XXXXXXX

V021016

S AND ME INC

2,297.50

AP

XXXXXXX

V021016

S AND ME INC

3,100.00

AP

XXXXXXX

V021016

S AND ME INC

921.25

AP

XXXXXXX

P000289

SANFORD, DAVID

463.01

AP

XXXXXXX

P000289

SANFORD, DAVID

147.99

AP

XXXXXXX

V026384

SCULLYS ALUMINUM BOATS INC

86,694.30

AP

XXXXXXX

V015633

SIEMENS INDUSTRY INC

1,035.00

AP

XXXXXXX

V026217

SMALL ENGINE REPAIRS LLC

3,037.97

AP

XXXXXXX

V026217

SMALL ENGINE REPAIRS LLC

68.80

AP

XXXXXXX

P000233

SMITH, SHAWN

73.00

AP

XXXXXXX

V018549

SONITROL

528.00

AP

XXXXXXX

V002070

SPECTRUM UNDERGROUND INCORPORA

650,736.54

AP

XXXXXXX

P000213

ST PIERRE, DAVID M

93.00

AP

XXXXXXX

P000213

ST PIERRE, DAVID M

166.00

AP

XXXXXXX

V018137

STANTEC CONSULTING SERVICES IN

1,000.00

AP

XXXXXXX

V018137

STANTEC CONSULTING SERVICES IN

270,505.87

AP

XXXXXXX

V018137

STANTEC CONSULTING SERVICES IN

17,581.93

AP

XXXXXXX

V018137

STANTEC CONSULTING SERVICES IN

2,475.00

WT

XXXXXXX

V874841

STATE OF FLA DEPT OF REVENUE

2,401.98

WT

XXXXXXX

V874841

STATE OF FLA DEPT OF REVENUE

18,023.61

WT

XXXXXXX

V874841

STATE OF FLA DEPT OF REVENUE

10,966.48

AP

XXXXXXX

V875019

STATE OF FLORIDA

785.44

AP

XXXXXXX

V875019

STATE OF FLORIDA

803.58

AP

XXXXXXX

V875019

STATE OF FLORIDA

799.69

AP

XXXXXXX

V021175

SUNCOAST PRINT AND PROMOTIONS

2,530.25

AP

XXXXXXX

V017429

SUNSTATE GATE INC

2,775.00

AP

XXXXXXX

V017429

SUNSTATE GATE INC

2,080.00

AP

XXXXXXX

V000429

SURRETTE BATTERY COMPANY

6,546.10

AP

XXXXXXX

V020682

SW FL TRACTOR LLC

412.10

AP

XXXXXXX

V020041

TERRACON CONSULTANTS INC

38,437.90

Manatee County Port Authority Warrant (Check) Listing

02/12/2020 to 05/11/2020


AP

XXXXXXX

V020041

TERRACON CONSULTANTS INC

9,514.64

AP

XXXXXXX

V906395

TERRY SUPPLY COMPANY

304.36

AP

XXXXXXX

V906395

TERRY SUPPLY COMPANY

432.00

AP

XXXXXXX

V923227

TROPHY AND SPORTS WORLD

116.95

AP

XXXXXXX

V923227

TROPHY AND SPORTS WORLD

90.00

AP

XXXXXXX

V923227

TROPHY AND SPORTS WORLD

113.25

AP

XXXXXXX

V923227

TROPHY AND SPORTS WORLD

60.00

AP

XXXXXXX

V006904

UNITED REFRIGERATION INC

241.30

AP

XXXXXXX

V024682

US COATING SPECIALISTS LLC

60,179.45

AP

XXXXXXX

V024682

US COATING SPECIALISTS LLC

6,686.60

AP

XXXXXXX

V009667

VERIZON WIRELESS

1,268.96

AP

XXXXXXX

V009667

VERIZON WIRELESS

1,146.87

AP

XXXXXXX

V009667

VERIZON WIRELESS

448.65

AP

XXXXXXX

V009667

VERIZON WIRELESS

630.77

AP

XXXXXXX

V009667

VERIZON WIRELESS

463.28

AP

XXXXXXX

V009667

VERIZON WIRELESS

1,631.70

AP

XXXXXXX

V009667

VERIZON WIRELESS

54.90

AP

XXXXXXX

V016629

VICS PERFORMANCE TRANSMISSION

3,112.88

AP

XXXXXXX

P000241

WARE, MYLAKA

61.75

AP

XXXXXXX

V021915

WEBTIVITY MARKETING AND DESIGN

65.00

AP

XXXXXXX

V021915

WEBTIVITY MARKETING AND DESIGN

65.00

AP

XXXXXXX

V021915

WEBTIVITY MARKETING AND DESIGN

65.00

AP

XXXXXXX

V961411

WEST FLORIDA SUPPLY CO

115.19

AP

XXXXXXX

V023445

WEST MARINE PRO

99.98

AP

XXXXXXX

V992200

YELVINGTON DIST INC, CONRAD

1,209.70

AP

XXXXXXX

P000292

ZIMMERMANN,VIRGINIA

119.88

AP

XXXXXXX

P000292

ZIMMERMANN,VIRGINIA

88.07


image

Total warrants (checks) for period reported 3,104,626.32

image

MANATEE COUNTY PORT AUTHORITY REGULAR MEETING

COUNTY ADMINISTRATIVE CENTER

1112 Manatee Avenue West Bradenton, Florida February 20, 2020

Present were:

Priscilla Whisenant Trace, Chairman Reggie Bellamy, First Vice-Chairman Misty Servia, Second Vice-Chairman Stephen R. Jonsson, Third Vice-Chairman Vanessa Baugh

Betsy Benac Carol Whitmore

Also present was:

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

Vicki Ayles, Finance Operation Manager, Clerk of the Circuit Court Quantana Acevedo, Deputy Clerk, Clerk of the Circuit Court

image Chairman Trace called the Port Authority Meeting to order at 9:09 a.m.

PUBLIC COMMENT

There being no public comment, Chairman Trace closed public comment.

AGENDA PA20200220DOC001

image Carlos Buqueras, Executive Director, reviewed the change to the motion regarding Consent Agenda 1.F for the purchase of new security vehicles.


CONSENT AGENDA PA20200220DOC002

  1. A motion was made by Member Whitmore, seconded by Member Benac, and carried 7 to 0, to approve the Consent Agenda incorporating the language as amended in the recommended motions on the cover sheets for the Consent Agenda

    1. WARRANT LIST

      Accepted Warrant Listing from January 8, 2020 to February 8, 2020 PA20200220DOC003

    2. MINUTES

      Approved the Minutes of January 14 and 28, 2020 PA20200220DOC004

    3. BUDGET RESOLUTION

      Adopted Budget Resolution PA-20-09 PA20200220DOC005

    4. LEGAL SERVICES AMENDMENT

      Authorized the execution of the Third Amendment to Port Manatee Legal Services Agreement between the Manatee County Port Authority and Lewis, Longman, & Walker

      P.A. to maintain environmental and lobbying services representation PA20200220DOC006

    5. RESOLUTION

      Adopted Resolution PA-20-10 and executed the Public Transportation Grant Agreement with the Florida Department of Transportation (FDOT) for facilities and equipment improvements PA20200220DOC007

    6. RESOLUTION

      Adopted Resolution PA-20-11 and executed the Public Transportation Grant Agreement with FDOT for purchasing security vehicles PA20200220DOC008

      (End Consent Agenda)

      FEBRUARY 20, 2020 (Continued)


  2. NORTH GATE EXPANSION CONTRACT AWARD

    image Carlos Buqueras, Executive Director, provided a brief summary of the request for gate expansions to handle the increase of traffic at the Port.


    image Discussion ensued on the funding amounts from Federal Emergency Management Agency and FDOT, and Port Security criteria is set by The Department of Homeland Security.


    A motion was made by Member Benac, seconded by Member Jonsson, and carried 7-0 to execute the contract between the Manatee County Port Authority and Ranger Construction in the amount of $782,923 for all necessary labor, equipment, and materials for the expansion of the north gate exit lanes, subject to FDOT approval. PA20200220DOC009

  3. WAREHOUSE LOADING DOCKS CONTRACT AWARD

    image Carlos Buqueras, Executive Director, reviewed the request to allow expansion to increase the Port’s capacity of handling the increase of cargo shipments.


    A motion was made by Member Whitmore, seconded by Member Jonsson, and carried 7-0,to execute the contract between the Manatee County Port Authority and Flores Construction Company in the amount of $1,238,073 for all necessary labor, equipment, and materials for the loading docks addition at warehouse 2, subject to receipt of all contract documents and FDOT approval.

    image

  4. SECURITY VEHICLES PURCHASE

    PA20200220DOC010

    Carlos Buqueras, Executive Director, provided a brief summary of the request to purchase security vehicles from a vendor, as approved in the Consent Agenda Item 1.F.


    image A motion was made by Member Benac, seconded by Member Whitmore, and carried 7-0, to approve the purchase and issuance of a purchase order for seven vehicles from Alan Jay Fleet Sales in the amount of $195,035, subject to the approval of FDOT and receipt of the fully executed Public Transportation Grant Agreement. PA20200220DOC011

    EXECUTIVE DIRECTOR COMMENTS PA20200220DOC012

    image Carlos Buqueras, Executive Director displayed a newspaper article and advised the Port has an additional office in Chile.


    PUBLIC COMMENT

    There being no public comment, Chairman Trace closed public comment.

    MEMBER COMMENTS

    Member Whitmore

    • Inquired on the number of Port office locations

      image Member Benac

    • Provided an update that the Port is a landlord authority

    • Thanked businesses that invest into the Port

      ADJOURN

      There being no further business, Chairman Trace adjourned the meeting at 9:17 a.m.

      Minutes approved:

      FEBRUARY 20, 2020 (Continued)


      Minutes Approved:

      May 19, 2020


      CONSENT

      AGENDA ITEM 1.D: RATIFY/AFFIRM BUDGET RESOLUTIONS


      BACKGROUND:

      During extended periods between Authority meetings, Resolution No. PA-19-14 (approved May 21, 2019) authorizes limited and temporary delegation of authority to the Executive Director, including approving any budget amendment required to support authorizations for contracts, purchase orders, and change orders in order to maintain continuity of service in routine business and avoid delay in conducting Port business. During March and April, the Executive Director approved the following increases in the operating and capital project budgets to maintain continuity of services in the routine business of the Port and avoid delay in the conduct of business:


      • $53,100 for an economic impact study, equipment to include computer, CAD software, plotter and additional software subscription for the new engineering staff and 6 additional standard portable radios and base to support the increase in Port security and vital communication to conduct operations for Florida’s heavy weather plans funded by Port cash.

      • $272,336 increase to the Rehab and Upgrade of Roadways project for the additional funding needed due to changes in the various remaining areas to include regrade shoulders, remobilization, revised milling, resurfacing and base repair funded by Port cash.

      • $31,435 increase to the Intermodal Transfer Facility (Drop Trailer Lot) project for additional funding for a heavy prime application for dust control and the installation of LED stadium lights funded by Port cash.

      • $16,656 decrease to the Berth 10 Improvements project and increases $8,328 each to Berth 6 and Berth 8 Improvement projects to provide additional services for grout repairs. No additional money is added; just a transfer between the Berth Rehab project.

      • $42,250 for the installation of a boat lift and dock for the Port’s new work boat which will be incorporated into the existing boat lift and dock.


        ATTACHMENT:

      • Budget Resolution PA-20-12

      • Budget Resolution PA-20-14

      • Budget Resolution PA-20-15


    COST AND FUNDING SOURCE:

    Budgets $399,121 of Port cash.


    CONSEQUENCES IF DEFERRED:


    Delay in ratifying and affirming action taken by the Executive Director


    LEGAL COUNSEL REVIEW: Yes RECOMMENDATION:

    Move ratify and affirm the approval by the Executive Director of Budget Resolutions PA-20-12, PA-20-14 and PA-20-15.

    RESOLUTION PA-20-12 AMENDING THE ANNUAL BUDGET

    FOR MANATEE COUNTY PORT AUTHORITY FOR FISCAL YEAR 2019-2020


    WHE AS, Florida Statutes 1129.06, authorizes the f\,fanatee County Port A thority to amend its budget for the current fiscal year as follows:


    1. 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.


    2. 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.


    3. 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 2019-2020 budget is hereby amended in accordance with Section 129.06, Florida Statutes as described on the attached summary and specified in the budget adjustment batch files which are listed below:


      Item No.

      1

      2

      Batch ID No. BAAL03 l 920A BAAL03 l 920A

      Reference No. BU20200291 BU20200292


      ADOPTED with a quorum present and voting this the 19th day of March, 2020.


      ATTEST: ANGELINA M.COLONNESO

      CLERK OF CIRCUIT COURT

      MANATEE COUNTY PORT AUTHORITY


      image

      image

      -

      image

      By: -- .

      BUDGET ADMENDMENT RESOLUTION NO. PA-20-12 AGENDA DATE: March 19, 2020


      1. Fund: Port Casµ


        Section: Section: Section:


        Description:


        Batch ID:


        2)


        Section: Description:


        Batch ID:

        Administration Engineering Security


        Budgets $53,100 for economic impact study, equipment for new engineering staff and portable radios for security.


        BAAL03 l920A Reference: BU2020029l


        Fund: Port Cash


        Rehab and Upgrade of Roads


        Budgets $272,336 for additional costs for various patching areas, remobilization, revised milling and resurfacing and base repair.


        BAAL031920A Reference: BU20200292

        RESOLUTION PA-20-14 AMENDING THE ANNUAL BUDGET

        FOR MANATEE COUNTY PORT AUTHORITY FOR FISCAL YEAR 2019-2020

        I I I I

        WHERE;AS, Flo ida Statutes 1.29. 06, auht orizes the i\'.Janatee Co nty Port A1;1thority to a end

        its budget for the 'current fiscal year as follows: '


        1. 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.


        2. Appropriations from reserves may be made to increase the appropriation for any particular expense in the same fund , or to create an appropr iation in the fund for any lawful purpose.


        3. 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 2019-2020 budget is hereby amended in accordance with Section 129.06, Florida Statutes as described on the attached summary and specified in the budget adjustment batch files which are listed below:


        Item No.

        I

        2

        Batch ID No. BAAL032520A BAAL032520A

        Reference No. BU20200297 BU20200298


        ADOPTED with a quorum present and voting this the 25th day of March, 2020.


        ATTEST : ANGELINA M. COLONNESO

        CLERK OF CIRCUIT COURT

        MANA TEE COUNTY PORT AUTHORITY

        r.' ) /J -::,

        image

        By ' r--=


        BUDGET ADMENDMENT RESOLUTION NO. PA-20-14 AGENDA DATE: March 25, 2020


        l) Fund: Port Cash


        Section: Description:


        Batch ID:


      2. Fund:

    Fund:


    Section: Section: Section:


    Description:


    Batch ID:

    lntermodal Transfer Facility (Drop Trailer Lot)


    Budgets $31,435 for additional costs to add a protective coating to the surface and install LED lights.


    BAAL032520A Reference: BU20200297


    FDOT-75% SIB Loan - 25%


    Berth 6 Improvements

    Berth 8 Improvements

    Berth 10 Improvements


    Budgets a decrease of $16,656 from Berth l O Improvements project and transfers equal amounts of $8,328 to Berth 6 and Berth 8 Improvement projects for additional repairs needed.


    BAAL032520A Reference: BU20200298

    RESOLUTION PA-20-15 AMENDING THE ANNUAL BUDGET

    FOR MANATEE COUNTY PORT AUTHORITY FOR FISCAL YEAR 2019-2020


    WHERE{\.S, Florida Statutes 1+9.06, authorizes the Manatee County Port Au,t hority to amend

    0

    its budget for,the current fiscal year,as follows: : :


    1. 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.


    2. 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.


    3. 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 2019-2020 budget is hereby amended in accordance with Section 129.06, Florida Statutes as described on the attached summary and specified in the budget adjustment batch files which are listed below:


      Item No.

      I

      Batch ID No. BAAL041720A

      Reference No. BU20200320


      ADOPTED with a quorum present and voting this the 17th day of April, 2020.


      ATTEST : ANGELINA M. COLONNESO

      CLERK OF CIRCUIT COURT



      image

      MANATEE COUNTY PORT AUTHORITY


      By:....:::::=::::::::....-=::....::::::::_ - - T"

      BUDGET ADMENDMENT RESOLUTION NO. PA-20-15 AGENDA DATE: APRIL 17, 2020


      1. Fund: Port Capital Improvement


    Section: Description: Batch ID:

    Boat Lift


    Budgets $42,250 for a boat lift and dock.


    BAAL04 l 720A Reference: BU20200320

    May 19, 2020


    CONSENT

    AGENDA ITEM 1.E: BUDGET RESOLUTION BACKGROUND:

    This resolution budgets the following:


    • $356 for the Federal Emergency Management Agency (FEMA) reimbursement of costs associated with Hurricane Irma.


    • Decrease of $1,500,000 for unused line of credit and $571 for the completed Barge Mooring project.


    • $8,000 for the costs associated with the Nationwide Emergency Coronavirus Disease 2019 (COVID-19) Pandemic.


    ATTACHMENT:


    Budget Resolution PA-20-17.


    COST AND FUNDING SOURCE:


    Budgets $356 FEMA funding, $8,000 Port cash and decreases the Barge Mooring project and Berth 9 Improvements line of credit project.


    CONSEQUENCES IF DEFERRED:


    Delay in budget allocations.


    LEGAL COUNSEL REVIEW: N/A


    RECOMMENDATION:

    Move to adopt Budget Resolution PA-20-17.

    RESOLUTION PA-20-17 AMENDING THE ANNUAL BUDGET

    FOR MANATEE COUNTY PORT AUTHORITY FOR FISCAL YEAR 2019-2020


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


    1. 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.


    2. 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.


    3. 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 2019-2020 budget is hereby amended in accordance with Section 129.06, 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

      BAAL051920A/B

      BU20200356

      2

      BAAL051920A

      BU20200357

      3

      BAAL051920A

      BU20200358


      ADOPTED with a quorum present and voting this the 19th day of May, 2020.


      ATTEST: ANGELINA M. COLONNESO MANATEE COUNTY PORT AUTHORITY

      CLERK OF CIRCUIT COURT


      image

      By:

      BUDGET ADMENDMENT RESOLUTION NO. PA-20-17 AGENDA DATE: May 19, 2020


      1. Fund: FEMA proceeds


        Section: Warehouse 1,2,3,4,7,8,9,11 and the Cruise Terminal


        Description: Budgets $356 for the proceeds received from FEMA for damages to various warehouses due to Hurricane Irma.


        Batch ID: BAAL051920A/B Reference: BU20200356


      2. Fund: Port Capital Improvement Fund: Port Revenue Note 2014A


        Description: Decreases the current budgets for the unused line of credit and the completed Barge Mooring project.


        Batch ID: BAAL051920A Reference: BU20200357


      3. Fund: Port Cash


        Description: Budgets $8,000 for costs associated with COVID-19 Pandemic. Batch ID: BAAL051920A Reference: BU20200358

        May 19, 2020


        CONSENT

        AGENDA ITEM 1.F: RATIFY/AFFIRM AMENDMENT TO THE PUBLIC

        TRANSPORTATION GRANT AGREEMENT BERTH 4 EXTENSION


        BACKGROUND:


        On June 6, 2019, the Authority authorized the execution of a Public Transportation Grant Agreement (PTGA) with the Florida Department of Transportation for the extension of Berth 4. The scope is revised to include offsite mitigation property at Perico which is not reimbursable, but which costs can be applied to the Port’s match. In addition, due to the immediate need for partial rehabilitation of berths 6, 7, 8 and 10, the scope of the PTGA is further expanded to include berth repairs. There is no change in the FDOT funding nor the Port’s match requirement. Resolution No. PA-19-14 (approved May 21, 2019) authorizes limited and temporary delegation of authority to the Executive Director during extended periods between Authority meetings. The Executive Director approved the PTGA Amendment to maintain continuity of services in the routine business of the Port and avoid delay in the conduct of Port business in accordance with the authority granted pursuant to Resolution No. PA-19-14.


        ATTACHMENT:


        Public Transportation Amendment to the Public Transportation Grant Agreement


        COST AND FUNDING SOURCE:


        Previously budgeted for the project is $11,374,166 FDOT and $3,791,389 Port


        CONSEQUENCES IF DEFERRED:


        Delay in ratifying and affirming action taken by the Executive Director

        LEGAL COUNSEL REVIEW: Yes RECOMMENDATION:

        Move to ratify and affirm the execution of the Public Transportation Amendment to the Public Transportation Grant Agreement with the Florida Department of Transportation for the extension of Berth 4 modifying the scope to include offsite mitigation property and berth repairs.

        STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

        PUBLIC TRANSPORTATION AMENDMENT TO THE PUBLIC TRANSPORTATION

        image

        NIA

        55.005 55.034

        Seaport Grant Program, Seaport Investment Program

        Federal Number/Federal Award Identification Number (FAIN) - Transit only:

        Federal Award Date: Amendment No.:

        Agency DUNS Number: 01-973-

        7399

        NIA

        CFDA Number:

        CFDA Title: CSFA Number: CSFA Title:

        DIS, DPTO, GMR, POED FLAIR Category: 088794, 088807

        2'-1'-;5:; Object Code: 751000 Org. Code: 55012020129

        Vendor Number: VF596000727160

        01

        Fund(s):

        Work Activity Code/Function:

        Financial Project Number(s):

        (item-segment-phase-sequence)

        _4334_5_7-_1_-9_4_-0_5_ _ _ _ _ _

        _ _ _ _ _ _ _ _ _ _ _

        _ _ _ _ _ _ _ _ _ _ _

        Contract Number: G1946

        GRANT AGREEMENT

        Fonn 725-000-03 STRATEGIC DEVELOPMENT

        OGC 11/19



        THIS AMENDMENT TO THE PUBLIC TRANSPORTATION GRANT AGREEMENT ("Amendment") is made

        and entered into on_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ by and between the State of Florida, Department of Transportation ("Department"), and Manatee County Port Authority. ("Agency"},collectively referred to as the "Parties."


        RECITALS


        WHEREAS, the Department and the Agency on 6/12/2019 (date original Agreement entered) entered into a Public Transportation Grant Agreement ("Agreement").


        WHEREAS, the Parties have agreed to modify the Agreement on the terms and conditions set forth herein.


        NOW THEREFORE, in consideration of the mutual covenants in this Amendment, the Agreement is amended as follows:


        1. Amendment Description. The project is amended to modify the Proje ct Description and Project Scope.


        2. Program Area. For identification purposes only, this Agreement is implemented as part of the Department program area selected below (select all programs that apply):


          Aviation Seaports Transit lntermodal

          Rail Crossing Closure

          Match to Direct Federal Funding (Aviation or Transit)

          (Note: Section 15 and Exhibit G do not apply to federally matched funding)

          Other


        3. Exhibits. The following Exhibits are updated, attached, and incorporated into this Agreement: Exhibit A: Project Description and Responsibilities

          Exhibit B: Schedule of Financial Assistance

          *Exhibit B1: Deferred Reimbursement Financial Provisions

          *Exhibit B2: Advance Payment Financial Provisions

          *Exhibit C: Terms and Conditions of Construction Exhibit D: Agency Resolution

          Exhibit E: Program Specific Terms and Conditions Exhibit F: Contract Payment Requirements

          *Exhibit G: Financial Assistance (Single Audit Act)

          STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

          PUBLIC TRANSPORTATION AMENDMENT TO THE PUBLIC TRANSPORTATION

          GRANT AGREEMENT

          Fonn 725-000-03 STRATEGIC DEVELOPMENT

          OGC 11/19


          *Exhibit H: Audit Requirements for Awards of Federal Financial Assistance

          *Additional Exhibit(s):


        4. Project Cost.

    The estimated total cost of the Project is increased/_ decreased by iQ bringing the revised total cost of the project to $15,165,555.


    The Department's participation is increased/ _ decreased by _j.Q. The Department agrees to participate in the Project cost up to the maximum amount of $11.374.166, and, additionally the Department's participation in the Project shall not exceed 75.00% of the total eligible cost of the Project.


    Except as modified, amended, or changed by this Amendment, all of the terms and conditions of the Agreement and any amendments thereto shall remain in full force and effect.


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



    AGENCY Manatee County Port Authority


    By:_ _ _ _ _ _ _ _ _

    Nam e: _ _ _ _ _ _ _ _ _


    STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION


    By:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _

    Name: John Kubler. P.E.

    T i tle_:

    _ _ _ _ _ _ _

    image

    Title: Director of Transportation Development


    STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION


    ,1 }


    Legal Review: _ _ _ _ _ _ _ _ _ _ _

    e:J Jr .,,,. 2;,./ 2.


    image

    STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

    PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS

    Fonn 725-000-02 STRATEGIC DEVELOPMENT

    OGC 02120


    EXHIBIT A


    Project Description and Responsibilities


    1. Project Description (description of Agency's project to provide context, description of project components funded via this Agreement (if not the entire project)): This Project provides Department participation for Port Manatee's berth rehabilitation and reconstruction initiative for berths 4 through 11. For context, when berths are taken out-of-service, the port has to shift vessel activities to berths that are remaining in-service. The timing of individual berthing rehabilitation activities requires flexibility. Rehabilitation and reconstruction of berths 4 through 11 includes three primary components.


      1. The combined berth length of berths 4 and 5 is only 1,200 feet, making it difficult to support vessel operations on each berth simultaneously. In addition, there is an area of overlapped use between berths 4 and 5, which experiences double the use of each individual berth, leading to increased wear and tear of this overlapping area. A reconstruction of berth 4 is the most viable approach to correct the design of the Port's North Port area, maximize the Port's operating capacity, and to extend the design life of berths 4 and 5.


      2. Construction of the berth 4 extension component is expected to include impacts to aquatic resource(s). To obtain required pre-construction certifications, Port Manatee will offset (or mitigate) impacts through the acquisition of offsite mitigation property constructed to function similarly to the impacted aquatic area(s). Manatee County has acquired approximately 9.01 acres at Perico Mitigation site. Port Manatee (the Agency) plans to reimburse Manatee County approximately $3,167,127 for related acquisition costs. Cost related to acquisition of offsite mitigation property is not eligible for reimbursement by the Department but may be used to document the Agency's required matching funds, listed as "LF" (Local Funds) in Exhibit "B", Schedule of Financial Assistance.


      3. Berths 6 through 11 are nearing the end of their design life. Rehabilitation and construction activities are needed to restore and maintain their functionality and allow for continued cargo operations.


    2. Project Location (limits, city, county, map): Port Manatee, Palmetto, FL


    3. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): This Project includes the environmental work, design work, and construction work required to complete the berth rehabilitation and reconstruction activities described in the Project Description, including: aids to navigation; apron improvements; asphalt paving activities; benthic studies; berthing area widening and deepening; bulkhead caps; cap faces repair or installation; cable protection systems; cap soffits repair or installation; cast in place concrete; cathodic protection; compaction; concrete beams; construction; construction inspection cost; construction management; construction services; consulting services; contractor stand-by; cost estimates; crack repairs; crane rail repair or installation; deck ballast; demobilization; demolition; electrical systems; engineering services; environmental assessments; environmental impact mitigation; fasteners and connectors; fenders and bollards; form work; geotechnical services; historical resource studies; installation and testing; lighting systems; mitigation assessments; mobilization; panel soffits repair or installation; permitting; pilings; plan development (e.g., 30 I 60 I 90 / 100 % and asbuilts); precast concrete; preconstruction engineering and design; procurement costs; rebar repair or installation; reconstruction of underdeck concrete; bulkhead wall excavation, patching, backfilling and grouting; seagrass studies; seagrass mitigation; sheet piling; shore and slope protection; sidewalk and walkway systems; signage and way finding; steel; stormwater management; striping of roadway or storage areas; structural components; surveying; temporary structures; tie-back systems; turning basin widening and deepening; and, water quality protection structures.


    4. Deliverable(s):


      The project 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 of the amount of incremental progress that has been made, and provide evidence that the payment requested is commensurate with the accomplished incremental progress and costs incurred by the Agency.

      STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

      PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS

      Fonn 725-000-02 STRATEGIC DEVELOPMENT

      OGC 02/20


    5. Unallowable Costs (including but not limited to): Travel costs are not allowed. As described in the Project Description, costs related to acquisition of offsite mitigation property is not eligible for reimbursement by the Department but may be used to document the Agency's required matching funds, listed as "LF" (Local Funds) in Exhibit "B", Schedule of Financial Assistance.


    6. Transit Operating Grant Requirements (Transit Only):


Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for Transit Operating Grants.

May 19, 2020


CONSENT

AGENDA ITEM 1.G.: RATIFY/AFFIRM PAVEMENT IMPROVEMENTS CHANGE ORDER NO. 02


BACKGROUND:


On September 19, 2019, the Authority awarded the contract for Port pavement improvements to Pepper Contracting Services (Pepper) in the amount of $3,719,788, and on November 19, 2019 approved Change Order No. 01 reducing the contract to take advantage of sales tax savings. Change Order No. 02 increases the PO by a net of $272,335.98 due to various revisions to remaining paving areas. Resolution No. PA-19-14 (approved May 21, 2019) authorizes limited and temporary delegation of authority to the Executive Director during extended periods between Authority meetings. The Executive Director approved of the requested change order to maintain continuity of services in the routine business of the Port and avoid delay in the conduct of Port business in accordance with the authority granted pursuant to Resolution No. PA-19-14.


ATTACHMENT:


Change Order No. 02 to the Pepper Contracting Services contract for an increase in $272,335.98


COST AND FUNDING SOURCE:


Port cash of $272,335.98


CONSEQUENCES IF DEFERRED:


Delay in ratifying and affirming action taken by the Executive Director


LEGAL COUNSEL REVIEW: Yes


RECOMMENDATION:


Move to ratify and affirm Change Order No. 02 for an increase in the amount of $272,335.98 to the contract between the Manatee County Port Authority and Pepper Contracting Services for various road improvement changes.


CHANGE ORDER NO.: z

Owner: Manatee County Port Au hority Engineer: Terracon

Contractor. Pepper Contracting

Project: Port Manatee Pavement Improvements Contract Name: Port Manatee Pavement Improvements Date Issued:


Owner's Project No.: 6012238 Engineer's Project No.: HC185079 Contractors Project No.: 3908


Effective Date of Change Order: 03/12/20

The Contract is modified as follows upon execution of this Change Order: Description:

Combined change order no. ZA thru no. 21, see attached supporting documents. Attachments:

Supporting documents


Change In Contract Price

Change in Contract Times [number of days]

Original Contract Price:


$ $3,719,788.00

Original Contract Times: Substantial Completion: Ready for final payment:


77

134

[Increase] fOecreaseJ from previously approved Change Orders No. l to No. 1


$ $(324,410.00)

[Increase) [Decrease] from previously approved Change Orders No . l to No. l

Substantial Completion: 0

Ready for final payment:

0

Contract Price prior to this Change Order:


$ $3,395,378.00

Contract Times prior to this Change Order: Substantial Completion: 77

Ready for final payment:

134

IIncrease) [Decrease] this Change Order:

$ $272,335.98

[Increase) [Decrease) this Change Order: Substantial Completion: 60

Ready for final payment:

60

Contract Price incorporating this Change Order:


$ $3,667,713.98

Contract Times with all approved Change Orders: Substantial Completion : 137

Ready for final payment:

194


Re commendet rll Engineer (if required)

Contractor's Sifnature


By: Title: Date:


By: ntle: Date:

tJt;j !,..,.,;,c,,_.,;:4

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-c:, 1. ,zr torDJ. (: c...1,- - rV I Af. :5 (?' C

s l..!3:_j_z...o

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" f l 1/ --

...

Authorized by Owner

cJc UC:,cv'1t"l"-- -

am<c,

r<: ./ i:,rc i"'-"-',

1'\'1.. l'n,t,',.:i A-c. F.1""'-.

D3 / '7- I'!-_(?_

Approved by Funding Agency (if applicable)


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EICDC4' C•941, Change Order.

Copyrlght112018National Sodety of Professional Engineers, American Council of Engineering Companies and American Society of Ovll Engineers. All rights reserved.

Pagelofl



image


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6920 Asphalt Avenue ▪ Tampa, FL 33614 Phone: (813) 868-7719 ▪ Fax: (813) 868-7718


03/12/20


Owner: Manatee County Port Authority Owner’s Project No.: 6012238 Engineer: Terracon Engineer’s Project No.: HC185079

Contractor: Pepper Contracting Contractor’s Project No.: 3908

Project: Port Manatee Pavement Improvements Contract Name: Port Manatee Pavement Improvements


Summary of Proposed Change Orders


No.

Description

Amount

2A

Change in Areas of Phase Nos. 1, 1A & 3

$11,932.30

2B

Regrade Shoulders

$9,000.00

2C

Phase 1 Premium Cost

$17,870.00

2D

Phase 2 (Eastern Ave.) Milling & Resurfacing

($551,758.79)

2E

Various Patching Areas ‐Milling & Resurfacing

$551,765.27

2F

Remobilization Due to the Delay Start of PH 2 & PH 5

$20,000.00

2G

Revised PH 5 Milling & Resurfacing Only ‐ Detail 2 (118,728.98SF)

$567,524.52


Original PH 5 Add Alt. 2 ‐ Phase 5 ( 44,050 sf, Detail 6 )

($549,758.00)

2I

PH 5 Base Repair (23,745.80SF)

$195,760.67


TOTAL:

$272,335.98


2H

Notes/Comments:

  1. Overhead on PH 1 premium cost due to partial closure of PH 1 has been adjusted to 2 days only.

  2. Milling and resurfacing for PH 2 (Eastern Ave.) and various patching areas should be looked at as a single item: combined amount is almost $0.00. The orignal proposed total of C.O. 5 and C.O. 6 exceed the original Phase 2 construction costs by

    $69,314. As discussed, if the work will be done at the same time, Pepper is willing to forego the 69K difference. We kept the original amount of $551K for C.O. 5 and had to make adjustments on C.O. 6 to have a zero delta.

    Base quantity tonnage is based on 115.6 psf since intended repair is for 12inch thick.


  3. Remobilization item has been added for the Delay start of PH 2 & PH 5.

  4. Pepper Contracting respectfully requests for a reduction of retainage to 5%.


Change in Areas of Phase Nos. 1, 1A & 3

C.O. #2A



Bid Item No.


Description

Contract Information



Item Quantity


Units

Unit Price ($)

Value of Bid Item ($)





CHANGE ORDER


CHANGE ORDER









Original Contract

PLAN SF

unit cost (uc)

MEASURED SF

DELTA SF

uc $

1

Base Bid ‐ Phase I (77,644 sf, Detail 5)

1.00

LS

1,061,896.00

1,061,896.00

77,644.00

$10.64

79,899.00

2,255.00

$23,993.20

1A

Base Bid ‐ Phase IA (64,488 sf, Detail 2)

1.00

LS

308,495.00

308,495.00

64,488.00

$4.07

64,164.00

‐324.00

‐$1,318.68

3

Base Bid ‐ Phase 3 (69,358 sf, Detail 4)

1.00

LS

750,002.00

750,002.00

69,358.00

$10.26

68,311.00

‐1,047.00

‐$10,742.22




$11,932.30


Regrade Shoulders

C.O. #2B



Bid Item No.


Description

Contract Information



Item Quantity


Units

Unit Price ($)

Value of Bid Item ($)





CHANGE ORDER


CHANGE ORDER









Original Contract

PLAN SF

unit cost (uc)

MEASURED SF

DELTA SF

uc $

18

Regrade Shoulders

4,800.00

LF

30.00

144,000.00

4,800.00

$30.00

5,100.00

300.00

$9,000.00




$9,000.00


image

2/24/2020


C.O. # 2C PHASE 1 PREMIUM COST DUE TO PARTIAL CLOSURE OF PH 1 WORK AREA PORT MANATEE PAVEMENT IMPROVEMENTS


1 Overhead (2days)

$4,440.00

2 QC

$1,500.00

3 Striping Sub Mob

$2,000.00

4 Temporary Driveway

$9,930.00


$17,870.00



image

2/24/2020


PHASE 1 PREMIUM COST DUE TO PARTIAL CLOSURE OF PH 1 WORK AREA PORT MANATEE PAVEMENT IMPROVEMENTS


image


Overhead Per Day = $3,719,788.00 X 8%

134


Overhead Per Day = $2,220.00


Reeder Road closed: 12/3/2019 Reeder Road opened: 12/12/2019

Days: 9 Actual Work Days


Overhead (2 days): $ 4,440.00

6=i


OWNER: Port of Tampa Bay

PROJECT NAME: Berth 211 Upland Improvements COUNTY: Hillsborough


PCN NO.:---3-908-.99-.99-900-1 --

'"Commkrtd to fittlltacr"

6'20 Asph1tt Ave. Tilmpil, Fl 33614

Port of Tampa Bay Project 19-01217 DATE : 12/24/2019


DESCRIPTION OF WORK PERFORMED: Temporary Driveway @ Reeder Road

MATERIALS


EQUIPMENT

QUANT .

DESCRIPTION

UNIT

PRICE

EXTENSION

HOURS

DESCRIPTION

RATE

EXTENSION

40

Steel Casing

LF

$ 22.10

$ 884.00

6.00

2016 CAT 12M3 GRADER

$66.65

$ 399.90




$ -

$ -

19.00

2018 308 VB EXCAVATOR

$51.85

$ 985.15




$ -

$ -

7.00

Cory Lamm Pickup

$24.00

$ 168.00




$ -

$ -

19.00

EDILBERTO MATOS PICK

$24.00

$ 456.00




$ -

$ -

18 .00

BRANDON MCCLARY P-U

$24.00

$ 432.00




$ -

$ -

17 .50

2016 938M CAT LOADER

$51.39

$ 899.33




$ -

$ -

3.75

FB280 Flatbed Truck

$29.96

$ 112.35




$ -

$ -




$ -




$ -

$ -




$ -




$ -

$ -




$ -




$ -

$ -




$ -






SUB-TOTAL $

884.00




SUB-TOTAL $

3 452.73


LABOR

DESCRIPTION

CLAS

HOURS

RATE

RATEW/BURD

EXTENSION


PREMIUM HOURS

PREMIUM RATE

PREM. W/ BURD

EXTENSION

Joseph L Rhodes Jr


20.00

$ 15.00

$ 21.89

$ 437.85





$ -

Cory Alan Lamm


7.00

$ 38.00

$ 55.46

$ 388.23





$ -

Richard Lavern Livingston


19.00

$ 18.00

$ 26.27

$ 499.15





$ .

Kenneth Meril Farr


19.00

$ 15.00

$ 21.89

$ 415.96





$ -

Gregory Robert Williams Jr


7.00

$ 15.00

$ 21.89

$ 153.25





$ -

Brandon Keith McClary


18.00

$ 38.00

$ 55.46

$ 998.30





$ -

Edilberto Matos


19.00

$ 38.00

$ 55.46

$ 1,053.76





$ -

Michael George Schultz


3.75

$ 17.00

$ 24.81

$ 93.04





$ -











$ -











$ .











$ -











$ -






SUB-TOTAL $

4,039.53




SUB-TOTAL $

-


SUBCONTRACTS


COST SUMMARY

QUANT.

DESCRIPTION

UNIT

RATE

EXTENSION

MATERIALS

MATERIAL COSTS $ 884.00

SALES TAX $ 75.14

SUB-TOTAL $ 959.14

17.5% MARK-UP $ 167.85


EQUIPMENT

EQUIPMENT COST $ 3,452.73 SUB-TOTAL $ 3,452.73

17.5% MARK-UP $ 604.23


LABOR

REGULAR $ 4,039.53 PREMIUM $ -

SUB-TOTAL $ 4,039.53

17.5% MARK-UP $ 706.92


SUBCONTRACTS

SUBCONTRACT COST $ -

10.0% MARK-UP $ -


$ 1,126.99


$ 4,056.95


$ 4,746.45


$ -

0


LS

$ -

$ -

0.00


SF

$ -

$ -

0.00



$ -

$ -

0.00



$ -

$ -

0.00



$ -

$ -

0.00



$ -

$ -

0.00



$ -

$ -

0.00



$ -

$ -

0.00



$ -

$ -

0.00



$ -

$ -

0.00



$ -

$ -

0.00



$ -

$ -

0.00



$ -

$ -

0 . 0 0



$ -

$ -

0.00



$ -

$ -

0.00



$ -

$ -

0.00



$ -

$ -

0.00



$ -

$ -






SUB-TOTAL $

-











SUB-TOTAL $

9,930.39

Note:




TOTAL COST $

9 930.39


Cost Types: LPMSEOx

Cost Codes: 3908.99.999001


Job: 3908

Print Landscape if possible: No I Show Cost Type Totals: All Show I nvento ry: Description Labor Detail

image

Job Detail Report PEPPER CONTRACTING 1/13/2020


MANATEE PORT PVMT IMPRVMTS


Contract:


Page 1

1/13/20 10:50

LI 12.0.200108


3,719,788.00

MSC REPAIR CONTRACT

1 Endurance Bond#EACX4O04363

Change Orders:

Revised: Prev. Billed:

Open:

0.00

3,719,788.00

0.00

3,719,788.00



Cat.


DescriQtion


Date


Invoice


P.O.

Contract

Amount

Billings

To Date

------------ Hours ------------

Actual Budget Over

Phase: 99 - CONTINGENCIES

999001

TEMP DW

@ REEDER RD


0.00


0.00


L

11/26/2019

50

Michael George Schul

3.75



E

11/26/2019


FB280:

3.75






Michael George Schul




L

11/27/2019

14

Joseph L Rhodes Jr

9.00



L

11/27/2019

64

Cory Alan Lamm

8.00



E

11/27/2019


RRPUll0:

8.00






Cory Alan Lamm




L

11/27/2019

41

Richard Lavern Livin

8.00



E

11/27/2019


WL468:

7.50






Richard Lavern Livin




L

11/27/2019

14

Kenneth Meril Farr

8.00



L

11/27/2019

14

Gregory Robert Willi

7.00



L

11/27/2019

61

Brandon Keith McClar

8.00



E

11/27/2019


RRPU83:

8.00






Brandon Keith McClar




L

11/27/2019

64

Edilberto Matos

8.00



E

11/27/2019


RREX308:

8.00






Edilberto Matos




E

11/27/2019


RRPU60:

8.00






Edilberto Matos




L

12/2/2019

14

Joseph L Rhodes Jr

7.79



p

12/2/2019

14

Joseph L Rhodes Jr

3.21



L

12/2/2019

41

Richard Lavern Livin

7.86



p

12/2/2019

41

Richard Lavern Livin

3.14



E

12/2/2019


WL468:

10.00






Richard Lavern Livin




L

12/2/2019

14

Kenneth Meril Farr

8.46



p

12/2/2019

14

Kenneth Meril Farr

2.54



L

12/2/2019

61

Brandon Keith McClar

6.00



E

12/2/2019


RRPU83:

6.00






Brandon Keith McClar




E

12/2/2019


GR0ll:

6.00






Brandon Keith McClar




L

12/2/2019

64

Edilberto Matos

11.00



E

12/2/2019


EX013:

11.00






Edilberto Matos




E

12/2/2019


RRPU60:

11.00




p


12/2/2019


50

Edilberto Matos

Hector Cueli


13.00



E

12/2/2019


DT102:

13.00






Hector Cueli




E

12/2/2019


GR0ll:BRANDON MCCLAR

2.00


PRICE PROPOSAL

Phase 2 Area - Eastern Ave.

PORT MANATEE

2/24/2020


C.O. # 2D

AREA #

DESCRIPTION

QUANTITY

UNIT

UNIT PRICE

AMOUNT

NOTES







(inclusions)

PH 2

EASTERN AVE. INCLUDING Two spots west of Eastern Ave one being in front of loading dock next to Road and the other being just South of the Propane Tank next to the road (37,522SF)





Include in Phase 2 Changes (20% base repair)


Milling & Resurfacing - Detail 2

37,522.00

SF

$4.07

$152,714.54



Base Repair ( (As Needed-12inch thick crushed concete)

433.75

TN

$142.63

$61,866.38



Premium Cost: Production Impact, Maintenance of Traffic, Mobilization

37,522.00

SF

$2.32

$87,047.29


PH 2

Base Bid - Phase 2 (62,642 SF, Detail 6) (equivalent unit price=$13.62)

(1.00)

LS

$853,387.00

($853,387.00)







($551,758.79)


PRICE PROPOSAL ADDITIONAL PAVEMENT REPAIR WORK

PORT MANATEE

2/24/2020


C.O. # 2E

AREA #

DESCRIPTION

QUANTITY

UNIT

UNIT PRICE

AMOUNT

NOTES







(inclusions)

2

Berth 6 north of bulkhead line +/— 25 ft (2,381SF)





Base Repair (100%)


Milling & Resurfacing - Detail 2

2,381.00

SF

$4.07

$9,690.67



Base Repair ( (As Needed-12inch thick crushed concete)

137.62

TN

$86.05

$11,842.36



Premium Cost: Production Impact, Maintenance of Traffic, Mobilization

2,381.00

SF

$2.75

$6,547.75


3

West of Transmontaigne from intersection of North Dock St and Eastern northerly up to

Transmontaignes South West corner Fence (5,742SF)





Base Repair (50%)


Milling & Resurfacing - Detail 2

5,742.00

SF

$4.07

$23,369.94



Base Repair ( (As Needed-12inch thick crushed concete)

165.94

TN

$86.05

$14,279.46



Premium Cost: Production Impact, Maintenance of Traffic, Mobilization

5,742.00

SF

$2.75

$15,790.50


5

The North Access Road that lead into Martine Marietta (New Construction - Detail #4)

(13,105SF)





New Construction -


New Construction - Detail #4

13,105.00

SF

$10.26

$134,457.30



Premium Cost: Production Impact, Maintenance of Traffic, Mobilization

13,105.00

SF

$1.64

$21,492.20


6

Berth 8 westerly of Warehouse 2 (5,916SF)





Base Repair (100%)


Milling & Resurfacing - Detail 2

5,916.00

SF

$4.07

$24,078.12



Base Repair ( (As Needed-12inch thick crushed concete)

341.94

TN

$86.05

$29,424.35



Premium Cost: Production Impact, Maintenance of Traffic, Mobilization

5,916.00

SF

$2.75

$16,269.00


7

Berth 8 between RO/RO and south end of Berth 8 (1,673SF)





Base Repair (100%)


Milling & Resurfacing - Detail 2

1,673.00

SF

$4.07

$6,809.11



Base Repair ( (As Needed-12inch thick crushed concete)

96.70

TN

$86.05

$8,320.98



Premium Cost: Production Impact, Maintenance of Traffic, Mobilization

1,673.00

SF

$2.75

$4,600.75


8

In front of FMT’s check in (5,720SF)





Base Repair (20%)


Milling & Resurfacing - Detail 2

5,720.00

SF

$4.07

$23,280.40



Base Repair ( (As Needed-12inch thick crushed concete)

66.12

TN

$86.05

$5,689.90



Premium Cost: Production Impact, Maintenance of Traffic, Mobilization

5,720.00

SF

$2.75

$15,730.00


9

Delmonte Way at east box culvert (1,219SF)





Base Repair (50%)


Milling & Resurfacing - Detail 2

1,219.00

SF

$4.07

$4,961.33



Base Repair ( (As Needed-12inch thick crushed concete)

35.23

TN

$86.05

$3,031.46



Premium Cost: Production Impact, Maintenance of Traffic, Mobilization

1,219.00

SF

$2.75

$3,352.25


10

West end on Delmonte Way (8,744SF)





Base Repair (20%)


Milling & Resurfacing - Detail 2

8,744.00

SF

$4.07

$35,588.08



Base Repair ( (As Needed-12inch thick crushed concete)

101.08

TN

$86.05

$8,697.99



Premium Cost: Production Impact, Maintenance of Traffic, Mobilization

8,744.00

SF

$2.75

$24,046.00


11

Southwest corner of Warehouse 11 (4,183SF)





Base Repair (100%)


Milling & Resurfacing - Detail 2

4,183.00

SF

$4.07

$17,024.81



Base Repair ( (As Needed-12inch thick crushed concete)

241.78

TN

$86.05

$20,804.95



Premium Cost: Production Impact, Maintenance of Traffic, Mobilization

4,183.00

SF

$2.75

$11,503.25


12

Berth 12 along bull rail (4,501SF)





Settlement - No Bas


Milling & Resurfacing - Detail 2

4,501.00

SF

$4.07

$18,319.07



Premium Cost: Production Impact, Maintenance of Traffic, Mobilization

4,501.00

SF

$2.75

$12,377.75


13

Berth 12 along west side of trench drain starting at Rim Canal going south (1,744SF)





Settlement - No Bas


Milling & Resurfacing - Detail 2

1,744.00

SF

$4.07

$7,098.08



Premium Cost: Production Impact, Maintenance of Traffic, Mobilization

1,744.00

SF

$2.75

$4,796.00


14

Southwest corner of Warehouse #8 (720SF)





Base Repair (100%)


Milling & Resurfacing - Detail 2

720.00

SF

$4.07

$2,930.40



Base Repair ( (As Needed-12inch thick crushed concete)

41.62

TN

$86.05

$3,581.06



Premium Cost: Production Impact, Maintenance of Traffic, Mobilization

720.00

SF

$2.75

$1,980.00







$551,765.27


C.O. # 2G, #2H, #2I PRICE PROPOSAL Phase 2 Area -

Eastern Ave. PORT MANATEE

3/12/2020

AREA #

DESCRIPTION

QUANTITY

UNIT

UNIT PRICE

AMOUNT







2G REV PH

5Milling & Resurfacing - Detail 2

118,728.98

SF

$4.78

$567,524.52

2H ORIG PH

A5dd Alt. 2 - Phase 5 ( 44,050 sf, Detail 6 )

(1.00)

LS

$549,758.00

($549,758.00)

2I REV PH

Base Repair ( (As Needed-12inch thick crushed concete)

1,372.51

LS

$142.63

$195,760.67






$213,527.20

PHASE 5 Area


5

May 19, 2020


CONSENT

AGENDA ITEM 1.H.: RATIFY/AFFIRM TRAILER TRANSFER FACILITY

(DROP TRAILER LOT) CHANGE ORDER NO. ONE


BACKGROUND:


On November 19, 2019, the Authority approved Spectrum Underground, Inc. (Spectrum) in the amount of $819,658.00 for the grading and stabilizing of nearly five acres for the creation of a dedicated trailer and chassis lot. The contract required completion of the project within 120 days. Spectrum requested an extension of six (6) days. In addition, Change Order No. One includes an increase in the contract amount of $24,440.38 for various overruns from estimated quantities in the bid document; the installation of a prime application for dust control; increase in the replacement of the storm drainage pipe; and credits for reduced rates of the barrier walls and earthwork revisions. Resolution No. PA- 19-14 (approved May 21, 2019) authorizes limited and temporary delegation of authority to the Executive Director during extended periods between Authority meetings. The Executive Director approved of the requested change order to maintain continuity of services in the routine business of the Port and avoid delay in the conduct of Port business in accordance with the authority granted pursuant to Resolution No. PA-19-14.


ATTACHMENT:


Change Order No. One


COST AND FUNDING SOURCE:


Increase in costs of $24,440.38.


CONSEQUENCES IF DEFERRED:


Delay in ratifying and affirming action taken by the Executive Director

LEGAL COUNSEL REVIEW: Yes RECOMMENDATION:

Move to ratify and affirm Change Order No. One between the Manatee County Port Authority and Spectrum Underground, Inc. for an extension of 6 days and various increases and credit for a net increase in the amount of $24,440.38.


26981/001/01594221.DOCXv1


Project Name: Q_r-_or> Trailer Lot


image

PORT MANATEE


CHANGE ORDER FORM Cha ge Order No. One


image

Date of Issuance: 3/11/20 Effective Date: 3/11/20

Owner: Contractor:

image

Engineer: Project:


Maoalee Crn mty Pact A11tbacity

Spectrum Underground, Inc.

SJaotec

Oroe_ Trailer Lot

Contract No: Contractors Project No.

Engineer's Project No. Contract Name: D_rop T railer Lot

The Contract is modified as follows upon execution of this Change Order: Description: Changes to contract quanlily based on field conditions.


image


image

Attachments: 4 List documents supporting change: Contractor's Correspondence

image

CHANGE IN CONTRACT PRICE

Original Contract Price:


$ 819,658.00


[Increase] [Decrease] from previous approved Change Orders #:


$

Contract Price prior to this Change Order:


$ 819,658.00


[Increase] [Decrease] of this Change Order:

CHANGE IN CONTRACT TERMS

1

[note changes in Milestones if applicable] Original Contract Times: 120 Days Substantial Completion: March 2s 2020

Date of Final Payment April 24. 2020

[days or date}

[Increase] [Decrease] from previous approved Change Orders #: _

Substantial

Completion Date: Date of Final Payment

Contract Times prior to this Change Order:

Substantial Completion: March 25, 2020

Date of Final Payment: April 24, 2020

[date or days}

[Increase] [Decrease] of this Change Order:


$ (6,367 .00)

Substantial Completion: Date of Final Payment:

April 2. 02Q

24

Apxrixl 3-0-2020

[days or dates]

Contract Price Incorporating this Change Order:


$ 813,291.00

Contract Times with all approved Change Orders:

Substantial Completion: ril2, 2020

Date of Final Payment: Ae_ril 24, 2020

[date or days]

image

image

RECOMMENDED: ACCEPTED:


ngineer (if required)

ACCEPTED:


--?' ---::::::::7

Contractor ·--=

Date:

3/12/2020

Date: 3/12/2020

image

Approved by Funding Agency (if applicable)


By: _

Title:

REV: 05/2018

Spectrum Under gr ound , Inc.

image image image

EXCAVATION - PIPELINE - DIRECTIONAL BORING

TRUCKING , DEMOLITION , EARTHWORK, PAVING, STORM, SANITARY & WATER INSTALLATIONS

LICENSE #CG C008435 LICENSE #CU C056873


January 8, 2020


Ms. Ayse Figanmese, Project Engineer

Stantec

777 S Harbour Island Blvd, Ste 600 Tampa, FL 33602-5729


RE: Port Manatee Drop Trailer Lot


Ms Figanmese,


Due to the Christmas and New Year holiday season and their impact on project resources, we respectfully request a contract extension of 6 days. Please let me know if you have any questions or concerns.


Sincerely,


SPECTRUM UNDERGROUND, INC.


image


image image

image


Harlan R. Sunquist, Jr.

President

Spectrum Under gr ound , Inc.

image image image

EXCAVATION - PIPELINE - DIRECTIONAL BORING

TRUCKING , DEMOLITION, EARTHWORK , PAVING, STORM, SANITARY & WATER INSTALLATIONS

LICENSE #CG C008435 LICENSE #CU C056873


January 29, 2020


Ms. Ayse Figanmese, Project Engineer

Stantec

777 S Harbour Island Blvd, Ste 600 Tampa, FL 33602-5729


RE: Port Manatee Drop Trailer Lot


Ms Figanmese,


We would like to propose to substitute used Type "J" concrete barrier wall, for the Type "K" specified in the project documents. This wall is readily available as opposed to the Type "K" wall which has a 6-week lead time. The proposed substitution would permit us to meet schedule demands as well as result in cost savings for the owner. The cost of the Type "J" wall would be $49.75/LF. Please advise if this would be a desired substitution.


Sincerely,


SPECTRUM UNDERGROUND, INC.


image

image

image

- ------, --


Harlan R. Sunquist, Jr.

President

image

imageectrum nderground, lncn


image


image


EXCAVATION - PIPELINE - DIRECTIONAL BORING

TRUCKING, DEMOLITION, EARTHWORK, PAVING, STORM, SANITARY & WATER INSTALLATIONS

LICENSE #CG C008435 LICENSE #CU C055873


February 10, 2020


Attn: Mr. George F. Isiminger, P.E. Senior Director and Port Engineer Manatee County Port Authority 300 Tampa Bay Way

Palmetto, FL 34221


RE: Drop Trailer Lot/ Revised Lot Elevations Dear Mr. Isiminger


Via Email

In review of the revised Grading & Drainage Plan revision date of 1/27-20, the following is a brief summation of the work and costs for the changes. After review if you have any questions or need additional information please advise.


Plan Changes / Cut & Fill

The revised plans reflect lowering the finish elevation of the proposed drop trailer lot, which changes the proposed borrow fill import quantities. It also requires removal of in place fill on the east end of the lot which was already in place before the revised plans were issued. In addition, we had .to remove and lower the stabilization fabric in a portion of the east end due to the elevation changes. The contract unit costs are being used for the adjustments required to complete this work. The fill calculations are based on the certified existing topo survey which is attached.


Earthwork

Credit/ Earthwork Borrow Fill

2,187 cy @ $9.60

- ($20,995.00)

Add/ Surveyor Layout & Stake

LS

3,675.00

Add / Rework East End Cut

1,128 cy @ $7.50

8,460.00

Add/ Remove & Install Geofabric

208 sy @ $2.90

603.20

Project Management & Estimating Costs

12 hr@ $150.00

1,800.00


Total Credit

$6,456.80

RCP Storm Piping

As directed the following is the work and costs required to remove the installed 15" RCP piping and reinstall using 12" x 18" ERCP piping to match the existing pipe materials.

15" RCP Removal & Disposal

87 If@ $15.00

1,305.00

12" x 18" ERCP

87 If@ $76.40

6,646.80


Total Addition

$7,951.80


Sincerely,

-,.

><:J£) - L , 1

Spectrum Underground, Inc. "

A·?(.:.f.

-,.,:;;, ,,..- ,,,./i,,,t.,,µ{, . . "'2....-

H.R.Sunqu ts £)

Vice President

Spectrum Under gr ound ,-Inc.

image image

EXCAVATION - PIPELINE - DIRECTIONAL BORING

TRUCKING , DEMOLITION, EARTHWORK, PAVING, STORM, SANITARY & WATER INSTALLATIONS

LICENSE #CG C008435 LICENSE #CU C056873


March 11, 2020


Ms. Ayse Figanmese, Project Engineer

Stantec

777 S Harbour Island Blvd, Ste 600 Tampa, FL 33602-5729


RE: Port Manatee Drop Trailer Lot


Ms Figanmese,


On several items of work, the quantity installed in conformance with the plans exceed the estimated quantity in the bid documents.


Item

Bid Quantity

Installed Quantity

Increase (Decrease)

Silt Fence

1930 LF

2590 LF

660

Tree Removal

11 EA

18 EA

7






Per the contract unit pricing, the following is submitted for change order action.

Silt Fence 660 LF@ $1.85/LF $1,221.00

Tree Removal 7EA@ $131.00/EA $917.00


image

Should you have any questions concerning any of the above , please contact me. Sincerely,

SPECTRUM UNDERGROUND, INC.


1/

Harlan R. Sunquist, Jr . President

May 19, 2020


CONSENT

AGENDA ITEM 1.I.: RECOGNITION & PROMOTIONAL ACTIVITIES

CHANGE


BACKGROUND:


Chapter 8 entitled “Recognition & Promotional Activities” of the Port Authority Policies contains Section 8-3 entitled Expenditure of Funds which outlines awards to employees for longevity, outstanding achievement or service and suggestion contests or programs. The section is revised to clarify that monetary awards should be made through payroll for proper allocation.


ATTACHMENT:


Page 1 (for reference only) and page 2 of Chapter 8 entitled “Recognition & Promotional Activities” of the Port Authority Policies containing Section 8-3 “Expenditures of Funds” to be effective March 19, 2020.


COST AND FUNDING SOURCE:


N/A.


CONSEQUENCES IF DEFERRED:


N/A


LEGAL COUNSEL REVIEW: Yes


RECOMMENDATION:


Move to approve an amended Section 8-3 entitled “Expenditure of Funds” of the Port Authority Policies notating that monetary awards are to be made through payroll.

CHAPTER 8


RECOGNITION AND PROMOTIONAL ACTIVITIES


    1. PURPOSE


      The purposes of this chapter are to (1) enhance employee productivity, (2) promote and engender good will toward the Port Authority within the region served by Port Manatee, (3) encourage increased responsiveness by employees to the needs and requests of residents and commercial interests within the region served by Port Manatee, and (4) provide incentives for the attainment of the purpose of this policy.

    2. DEFINITION OF EMPLOYEE


      The word “employee” or “employees” as used in this chapter shall include any person employed by the Port Authority and may, when authorized by the Port Authority, include persons or organizations involved in volunteer services for the Port Authority or in connection with activities or operations of the Port Authority.

    3. EXPENDITURE OF FUNDS


      The expenditure of Port Authority funds to accomplish and effectuate the purposes of this policy is deemed a proper and valid Port Authority purpose for any one or more of the following:

      1. Presentation of awards to employees for: (1) longevity of service to the Port Authority, (2) recognition of outstanding achievement or service in connection with activities and operations of the Port Authority, (3) participation in incentive, productivity improvement or suggestion contests or programs, and (4) donations of gifts for the benefit of Port Manatee. These awards may include the purchase


        and presentation of certificates, plaques, paperweights, pins, monetary awards


        through payroll or other suitable tokens of recognition.


      2. Luncheons and dinners for Port Authority members and employees to recognize and pay tribute to employees for any matter for which an award has, may have been or will be presented pursuant to this policy. This shall not include the cost of any alcoholic beverages or the cost of meals for any spouse or guest of Port Authority members or employees.

      3. Refreshments such as coffee, doughnuts, pastries or other light snacks served to employees and guests at Port Authority business-related functions, meetings or training programs.

      4. Seasonal or holiday promotional items or expenses designed or intended to promote or engender good will toward the activities, services and projects of the Port Authority or to enhance the image of Port Manatee within the region served by Port Manatee.

    4. BUDGET PROVISIONS


The Executive Director shall include in the proposed budget of the Port Authority for each fiscal year a line item or line items for the anticipated expenditure of funds for employee recognition and promotional activities in conformity with paragraph 1 of this policy during fiscal year. The adoption of any such budget containing said line item or line items by the Port Authority shall constitute authorization by the Port Authority for the Executive Director in his discretion to authorize the expenditure of

Port Authority funds for the purposes of this policy.

May 19, 2020


CONSENT

AGENDA ITEM 1.J.: PORT MANATEE SHIP REPAIR & FABRICAITON LLC LEASE


BACKGROUND:


On June 12, 2018, the Authority approved B & N Welding & Fabrication, Inc.’s (B & N) sublease to Port Manatee Ship Repair & Fabrication, LLC (PMSR&F). B&N’s lease expires on October 31, 2019, and B&N did not exercise its renewal option. PMSR&F is desirous of leasing the same real property (approximately 2 acres) from the Authority and Port staff has negotiated a five (5) year lease with two

(2) five-year options.


ATTACHMENT:


Port Manatee and Port Manatee Ship Repair & Fabrication LLC Lease


COST AND FUNDING SOURCE:


N/A


CONSEQUENCES IF DEFERRED:


Delay in approving the negotiated lease with PMSR&F


LEGAL COUNSEL REVIEW: Yes


RECOMMENDATION:


Move to approve and authorize the Chairman to execute the Port Manatee and Port Manatee Ship Repair & Fabrication LLC Lease between Manatee County Port Authority and Port Manatee Ship Repair &

PORT MANATEE AND PORT MANATEE SHIP REPAIR & FABRICATION LLC LEASE


THIS Port Manatee and Port Manatee Ship Repair & Fabrication Lease ("Lease") is made and

I I I I I

entered into by and between the MANATEE COUNTY PORT AUTHORITY, a political entity fthe State of Florida, with its principal place of business located at Port Manatee, 300 Tampa Bay Way, Suite One, Palmetto, Florida 34221 ("Authority") and PORT MANATEE SHIP REPAIR & FABRICATION, LLC, a limited liability company organized under the laws of the State of Florida, with a place of business located at 2114 Piney Point Road, Palmetto, FL 34221 ("Lessee") (Authority and Lessee are sometimes hereinafter referred to as "Party" or 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, since June 12, 2018, the Lessee has sub-leased from B&N Welding & Fabrication, Inc. ("B&N") 2.015 acres ofreal property at Port Manatee, and


WHEREAS, B&N's lease expires on October 31, 2019, B&N did not exercise its renewal option, but acted as a holdover tenant;


WHEREAS, the Lessee remained on the 2.015 acres ofreal property and is desirous ofleasing the same 2.015 acres of real property from the Authority such that they can maintain continuous possession of the property, and


WHEREAS, it is expedient and to the best interests of the Authority to lease the property to the 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:



26981/001/01577361.DOCXvl


Page 1 of 31

  1. 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.


  2. DEMISED PREMISES. The Authority does hereby demise, let, and rent unto the Lessee, and the Lessee shall hire and take as tenant approximately 2.015 acres of real property located in Manatee County, Florida identified as a portion of Port Manatee, the legal description of which a demonstrative sketch is attached and made a part of this Lease as Exhibit A (the "Land"), to have and to hold the same for the terms set forth below. The Land, all rights of access and other appurtenant rights related thereto, and all improvements now or hereafter located on the Land (including, without limitation, a 7,760 square foot, grade-level, pre-fabricated steel warehouse building and a double-wide office trailer) described in the attached Exhibit B which is incorporated into and made a part of this Lease, are collectively referred to herein as the "Demised Premises." In accordance with the Master Plan, the Authority agrees, covenants and warrants that Lessee has the right to peacefully occupy, have, use, hold and quietly enjoy the Demised Premises subject to the provisions of this Lease. The 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.


  3. PURPOSE. The Lessee may use the Demised Premises for the purpose of performing vessel repairs, storing and fabrication of marine products and such other customarily associated activities approved by the Authority. Additionally, if the Lessee intends to use the Demised Premises for any purpose other than those defined above, the Lessee shall first obtain approval of the Authority before beginning such use. The Demised Premises will not be used for any unlawful purposes, and the Lessee will not use the Demised Premises in such a manner as to create a nuisance or otherwise violate any law, rule, or regulation of any governmental authority that is applicable to the Demised Premises or Lessee's operations at the Demised Premises. The Lessee will neither suffer nor commit any waste of the Demised Premises. The Lessee may not act or fail to act in a manner that would adversely affect the title of the Authority.

  4. TERM. The duration or term of this Lease commences on April 1, 2020 ("Effective Date"), and terminates five (5) years thereafter on March 31, 2025 ("Initial Term"), unless otherwise extended as provided in this Lease. The Initial Term of this Lease may be extended for two (2) five-year extension period. To extend the Initial Term or subsequent extended period, the Lessee must notify the Authority in writing no later than sixty (60) days prior to the expiration of the then existing term of this Lease that it desires to extend the term. As used herein, a "year of this Lease" or "Lease year" means each consecutive twelve (12) month period commencing on the Effective Date and the Authority consents to each anniversary extension. As used herein, "Term" means the Initial Term and any extension thereto.


  5. RENT. The Lessee shall pay to the Authority rent for the Demised Premises, payable monthly in advance together with any applicable Florida sales taxes on rent payable, on the first (1st) day of each calendar month during the Term. The rent for the Demised Premises is as follows: $2,650.00 per month for the first five (5) years of the Term. Should the Lessee exercise its option to extend the term of this Lease as set forth in the paragraph of this Lease entitled "Term," the annual rent for each year during the extended term(s) will be as follows: 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-U"), all items, not to exceed three percent (3%) in any applicable extended lease period. 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 April 1, 2020, the adjustment for the annual rental due on April 1, 2025 will be calculated by using the index published for the most recent month available prior to April 1, 2025 and comparing it to the index published for the same month of the year 2023, subject to the 3% 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 on an extended term must never be less than

    $2,650.00 per month and will only increase in accordance with the above formula.


  6. IMPROVEMENTS. The Lessee may construct, install or locate upon the Demised Premises and operate any improvements consistent with the paragraph of this Lease entitled "Purpose." The Lessee shall submit to the Authority for approval the plans and specifications for all material improvements prior to commencing the construction 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.


    The Lessee shall not commence the construction or installation of any improvements without approval by the Authority, and 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, construction permit, development order, or other appropriate approval for the construction of the particular improvement or improvements. Before Lessee commences use of the improvements, the 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.


  7. IMPROVEMENT REMOVAL AND LAND RESTORATION. The Parties recognize that certain permanent improvements to be constructed, erected, or installed upon the Demised Premises may be of permanent benefit to the Authority upon the expiration of the Term of this Lease. At least sixty (60) days prior to the expiration of the Term of this Lease, the Authority shall notify the Lessee in writing of the extent and location of any such permanent improvements that the Authority wants to remain in existence subsequent to the expiration or termination of this Lease, the Lessee shall not take any action for the destruction or removal of those permanent improvements. Any such designated permanent improvements not destroyed or removed by the Lessee will be a part of the Demised Premises and becomes the property of and owned by the Authority upon the expiration or termination of this Lease. All other permanent improvements not designated by the Authority, together

    with all equipment, furnishings, furniture, machinery and other items of personal property, must be removed by the 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 the Lessee to raw land.


  8. APPROVALS AND PERMITS. The 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. The Authority will cooperate with Lessee in obtaining such approvals, orders and permits.


  9. EXISTING CONDITIONS. Subject to the provisions of the paragraph of this Lease entitled "Environmental Protection," the 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 the 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.


  10. EXISTING FACILITIES. This Lease and the right of the Lessee to the possession and use of the Demised Premises are subject to any existing electric lines, telephone lines, water and sewer lines or mains. Lift stations, substations and other utility facilities located through, under or upon the Demised Premises and 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.


  11. SIGNS. The Lessee at its sole expense and risk, but in conformity with all requirements of federal, state, and local law and regulations and, subject to the prior written approval by the Authority (which approval will not be unreasonably withheld or delayed), may erect signs upon the Demised Premises and other appropriate places adjacent to road and thoroughfares within Port Manatee.


  12. MAINTENANCE. The Lessee shall cause the Demised Premises including improvements located on the Land and any improvements added thereto to be duly maintained and kept up throughout the 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 the Lessee its agents, employees, invitees, patrons, servants or any other persons whomsoever under the control of the Lessee. The Authority may, in its sole discretion, conduct annual inspections for the purpose of identifying whether the Demised Premises and improvements 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 improvement thereon.


  13. UTILITIES. The 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 Term of this Lease.


  14. 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 the Authority's 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 or its grantee. Furthermore, the Authority will take reasonable steps to ensure that any such installation be the least disruptive to Lessee's operations.


  15. 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.


  16. 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 of2002; 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 the Lessee pursuant to this Lease are beneficial to both Parties necessitating that there be a degree of cooperation between the Authority and the Lessee. The 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 the Lessee at Port Manatee.


  17. ACCESS. Subject to the restrictions set forth in the paragraph entitled "Security" in this Lease, the Authority grants the Lessee a continuous (24 hours per day, 7 days a week) right of ingress and egress through Port Manatee to the Demised Premises and berthing facilities. The Authority must have free access to the Demised Premises at reasonable times and hours for the purpose of examination and inspection of the Demised Premises and all improvements located on the Demised Premises and for conducting the routine business and operations at Port Manatee.


  18. 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, the 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 the 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 the Lessee to fully abide by and comply with the then

    current Port Manatee Tariff, may at the option of the Authority constitute a default by the Lessee entitling the Authority to exercise any or more of the remedies set forth in the paragraph of this Lease entitled "Events of Default." The Lessee acknowledges receipt from the Authority of a copy of the current Port Manatee Tariff.


  19. TAXES AND LICENSE FEES. The Lessee shall 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 the Lessee upon any portion of the Demised Premises or in connection with the possession of any portion of the Demised Premises by the Lessee. Lessee will have 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 assessed for real estate property tax purposes by appropriate proceedings 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 will not be required to join in any proceedings referred to in this paragraph unless required by law, in which event the Authority shall, upon written request by Lessee, join in proceedings or permit the proceeding to be brought in its name. Lessee covenants that the Authority will 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.


  20. ENVIRONMENT AL MATTERS. The 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, Memorandum of Agreement for Land Use Controls between the Authority and 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 the Lessee under the terms of this Lease. The Lessee shall 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, statutes, ordinances, rules, and regulations.

    1. The Authority shall have 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, during the normal business hours of the Lessee with reasonable notice to the Lessee and at no cost or expense to the Lessee.


    2. The 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 applicable laws.


    3. 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 during a time period between 60 and 90 days prior to the expiration of the Term of this Lease. A copy of any written assessment, audit, or survey obtained by the Authority pursuant to the provisions of this subparagraph must be immediately furnished to the Lessee. If any worsening of the environmental condition of the Demised Premises attributable to the Lessee from that disclosed in any Environmental Site Assessment Reported carried under subparagraph A above is evident from this written assessment, audit, or survey, the Lessee shall cause any necessary action to be immediately taken to remediate such worsening. After the expiration of the Lease Term, unless otherwise agreed by the Authority and the Lessee, the 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. The Lessee shall pay to the Authority rent in accordance with the paragraph of this Lease entitled "No Holding Over" of this Lease, together with any applicable Florida sales taxes, for each and every month during the time the Lessee is holding over due to required remediation. The 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.


    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 the Lessee determines that there is any significant or substantial deviation from the conditions, restrictions, and limitations set forth above or any provisions of applicable environmental laws, statutes, ordinances, rules, regulations, agency agreements, or requirements of any such federal, state, regional or county governmental authority (hereinafter referred to as "violation"), the Authority shall have the right, upon providing due notice to the 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 the 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 the 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 the Lessee until such violation has been corrected or take such lawful action as may be appropriate under the circumstances.

    5. 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.

    6. Nothing in this Lease will be construed to impair or limit the lawful rights of the Lessee to challenge or contest any such applicable laws, statutes, ordinances, rules, regulations, or requirements.


    7. 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 applicable 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 applicable 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. If Lessee fails to promptly take action to contain, remove or remediate, as appropriate, the substances, the Authority will be entitled to take all actions that it deems appropriate to contain, remove or remediate the substances released in a manner that is not in compliance with applicable 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 applicable 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.


  21. LESSEE'S INSURANCE. During the Term of the Lease, the Lessee shall provide, pay for, and maintain with insurance companies satisfactory to the Authority, the types of insurance described in this Lease.

    1. All insurance must be from responsible insurance companies, having an A.M. Best rating of A-/VIII or better, and eligible to do business in the State of Florida. The required

      policies of insurance must be performable in Manatee County, Florida, and must be construed in accordance with the laws of the State of Florida.

    2. The Authority shall be included as an Additional Insured on the Lessee's Commercial General Liability, Umbrella Liability, and Business Automobile Liability policies and provide the "Severability oflnterest" provision (a/k/a "Separation oflnsured's" provision).

    3. The Lessee shall deliver to the Authority, within 5 days of execution of this Lease and prior to possessing the Demised Premises, properly executed "Certificate(s) of Insurance," setting forth the insurance coverage and limits required in this Lease. The Certificates must be signed by the authorized representative of the insurance company(s) shown on the Certificate of Insurance. In the event of a claim, certified, true, and exact copies of the insurance policies required in this Lease must be provided to the Authority, if requested by the Authority.

    4. The Lessee shall take immediate steps to make up any impairment to any Aggregate Policy Limit upon notification of the impairment.

    5. The Lessee authorizes the Authority and its insurance consultant to confirm all information furnished to the Authority with the Lessee's insurance agents, brokers, surety, and insurance carriers.

    6. All insurance coverage of the Lessee shall be primary to any insurance or self-insurance program carried by the Authority. The Authority's insurance or self-insurance programs or coverage must not be contributory with any insurance required of the Lessee in this Lease.

    7. The acceptance of delivery to the Authority of any Certificate of Insurance evidencing the insurance coverage and limits required in the Lease does not constitute approval or agreement by the Authority that the insurance requirements in the Lease have been met or that the insurance policies shown in the Certificates of Insurance are in compliance with the Lease requirements.

    8. No work or occupancy of the Demised Premises may commence unless and until the required Certificate(s) oflnsurance are in effect.

    9. The insurance coverage and limits required of the Lessee under this Lease are designed to meet the minimum requirements of the Authority. They are not designed as a recommended insurance program for the Lessee. The Lessee alone shall be responsible for the sufficiency of its own insurance program. Should the Lessee have any question concerning its exposures to loss under this Lease or the possible insurance coverage needed therefore, it should seek professional assistance.

    10. The Authority and its tenants may continue to operate their businesses on the Authority's premises during the activities of the Lessee. No property used in connection with their activities may be considered by the Lessee's insurance company as being in the care, custody, or control of the Lessee.

    11. Should any of the required insurances specified in this Lease provide for a deductible, self-insured retention, self-insured amount, or any scheme other than a fully insured program, the Lessee shall be fully responsible for the deductible, self-insured retention, self-insured amount or any other amounts not payable by the Lessee's insurers.

    12. Lessee shall give the Authority thirty (30) days advance written notice of any cancellation, intent not to renew any policy and/or any change that will reduce the insurance

      coverage required in this Lease, except for the application of the Aggregate Limits Provisions.


    13. Renewal Certificate(s) of Insurance must be provided to the Authority at least ten (10) days prior to expiration of current coverage.

    14. If the Lessee fails to provide or maintain the insurance coverage required in this Lease at any time during the Term of the Lease, the Authority may terminate or suspend this Lease.

      0. If the Lessee utilizes contractors or sub-contractors to perform any work on the Authority property, the Lessee will ensure all contractors and sub-contractors maintain the same types and amounts of insurance required of the Lessee. In addition, the Lessee will ensure that the contractors and sub-contractors insurances comply with all of the insurance requirements specified for the Lessee contained within this Lease. The Lessee shall obtain Certificates of Insurance comparable to those required of the Lessee from all contractors and sub-contractors. Such Certificates oflnsurances must be presented to the Authority upon request.


      1. Accident Reports. The Lessee shall immediately notify the Authority of any accidents involving the Lessee's staff, vehicles, or equipment that occur while the Lessee is performing services under this Lease and result in personal injuries or damage to public or private property. In all such cases, oral notice must be provided within nine (9) hours of the accident and a written report must be provided to the Authority within five (5) business days of the accident. If any issues are unresolved at that time, a subsequent report shall be provided to the Authority within five (5) business days following the ultimate disposition of the case. The oral and written reports shall include the date and time of the event, a description of the event, an estimate of the damages and injuries (if any) caused by the event, and a description of how the event and any associated damages and injuries were handled or will be handled.


        SPECIFIC INSURANCE COVERAGES AND LIMITS:


      2. All requirements in this section must be complied with in full by the Lessee unless excused from compliance in writing by the Authority.

      3. The amounts and types of insurance must conform to the following minimum requirements. Current Insurance Service Office (ISO) or National Council on Compensation Insurance (NCCI) policies, forms, and endorsements or broader must be used where applicable. Notwithstanding the foregoing, the wording of all policies, forms, and endorsements must be acceptable to the Authority.

        1. Workers' Compensation and Employers' Liability Insurance must be maintained in force during the Term of this Lease for all employees engaged in this work under this Lease, in accordance with the laws of the State of Florida. The minimum acceptable limits are:


          Workers' Compensation Employer's Liability

          Florida Statutory Requirements

          $1,000,000.00 Limit Each Accident

          $1,000,000.00 Limit Disease Aggregate

          $1,000,000.00 Limit Disease Each

          Employee

        2. Commercial General Liability Insurance must be maintained by the Lessee on the Full Occurrence Form. Coverage must include but not be limited to Premises and Operations, Personal Injury, Contractual for this Lease, Independent Contractors. The minimum acceptable limits are:

          Bodily Injury &

          Property Damage Liability

          $2,000,000.00 Combined Single Limit each

          Occurrence and aggregate


          The use of an Excess and/or Umbrella policy is acceptable if the level of protection provided by the Excess and/or Umbrella policy is no less restrictive then the Primary General Liability policy.


        3. Business Automobile Liability Insurance must be maintained by the Lessee as to ownership, maintenance, use, loading and unloading of all owned, non-owned, leased, or hired vehicles with limits of not less than:

      Bodily Injury

      Property Damage Liability


      Bodily Injury &

      Property Damage Liability

      $1,000,000.00 Limit Each Accident

      $1,000,000.00 Limit Each Accident or

      $1,000,000.00 Combined Single Limit Each

      Accident


      If the Lessee does not own automobiles, the Lessee's Commercial General Liability policy referenced in Paragraph R(2) above must be endorsed to provide "Non Owned and Hired Automobile Liability" coverage.


  22. INDEMNIFICATION. Regardless of whether or not there is any applicable insurance, Lessee shall release, indemnify, defend, and hold harmless the Authority and its Port Authority members, officers, agents and employees ("Authority Indemnitee"), from all fines, taxes, assessments, penalties, claims, suits, actions, obligations, charges, demands, losses, damages, liabilities, remediation and response expenses, costs, expenses (including, without limitation, attorneys' fees, engineering fees and the costs and expense of appellate action, if any) (collectively, "Claims"), and causes of action of every kind or character whatsoever, whether in law or equity, in connection with any loss of life, bodily or personal injury, violation of Environmental Laws (including, without limitation, those matters described in the paragraph of this Lease entitled "Environmental Matters" of this Lease), violation of grant requirements, or damage to or loss of property arising from or out of: (1) any occurrence in, upon, at, or about the Demised Premises or any part thereof occasioned or 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, licensee, invitees, or by any other

    person entering the Demised Premises under express or implied invitation of Lessee ("Lessee and Others"), or (2) arising out of or relating to Lessee and Others use of the Demised Premises, or (3) arising out of or relating 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 gross negligence or willful misconduct of the Authority Indemnitee. The Authority shall not be liable or responsible for any loss or damage to any property or the death of or injury to any person occasioned by theft, fire, act of God, public enemy, injunction, riot, strike, insurrection , war, court order, requisition of other governmental body or authority, by other Port lessees or by any other matter beyond the control of the Authority. 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 may not be terminated, discharged or released in whole or in part for a period of six (6) years after the date of termination or expiration of this Lease.


  23. 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.


  24. 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 the 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 the Lessee pursuant to the provisions of this Lease then and in that event, the 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 the Lessee and the Authority, or arranging for a separate entrance to certain facilities at Port Manatee. The 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 the Lessee, then and in that event, the Lessee shall take all reasonable action consistent with its requirements 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 the Lessee or the Authority, or to limit the lawful rights of any labor organization representing said employees.


  25. RELATIONSHIP BETWEEN THE PARTIES. The Authority is not exercising any dominion, control or supervision over the activities and operations of the 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.


  26. ASSIGNMENT OR SUBLETTING. This 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 the Lessee without the express written approval of the Authority. The Authority will not arbitrarily delay or refuse to permit such an assignment if the 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 the Lessee. The Authority will not arbitrarily delay or refuse to permit subletting providing that the Lessee always remains liable to the Authority for carrying out the terms and conditions of this Lease and further providing that the 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 Resolution of the Authority. The 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.


  27. LESSEE REPRESENT ATIONS. The 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 person(s) who, in the aggregate or individually, directly or indirectly own 50% or more of the 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; or 3) neither Lessee nor any person(s) who, in the aggregate or individually, directly or indirectly own 50% or more of the Lessee, or guarantor of all or any part of the Lessee's obligations under this Lease are acting on behalf of a government or have been in the past five 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 will 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. The Lessee (which includes its officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the 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.


  28. LESSEE'S COMPLIANCE. Lessee shall comply with all applicable laws, and shall promptly comply with all governmental orders and directives for the correction, prevention, and abatement of any violation of applicable laws, 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 laws. 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 laws. 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 laws, regulations, rules, decisions, codes, orders, or ordinances of any federal, state, County or other local government,

    or appropriate regulatory agencies, now in fore during the Term of this Lease or which may hereinafter be in force.


    To the extent the Lessee receives any notices of violations of any permit or applicable law 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"), the Lessee shall promptly respond to the Citation. The Lessee shall provide notice and a copy of each Citation to the Authority promptly after the Citation is received by the Lessee. Thereafter, the Lessee shall keep the Authority informed on the ongoing status of the Lessee's efforts to address the Citation, and the Lessee shall provide notice to the Authority when the Citation has been satisfactorily resolved. The Lessee shall pay all costs of investigating and responding to a Citation, all costs of correcting deficiencies and achieving compliance with applicable laws, and all fines assessed as a result of the Lessee's non-compliance.


  29. 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 the Lessee, in accordance with the paragraph of this Lease entitled "Purpose" of this Lease, in the Authority's reasonable determination, the Lessee may terminate this Lease whereupon the Parties will be relieved from further liability under this Lease. Prior to any termination of this 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. If Lessee does not terminate this Lease following the occurrence of a taking, then this Lease shall remain in effect with respect to the portion of the Demised Premises not taken, and the rent and other amounts payable under this Lease for the remainder of the Term shall be reduced on a just and proportionate basis having due regard for the relative value and acreage of the portion of the Demised Premises taken by the condemner as compared to the remainder thereof and taking into consideration the extent, if any, to which Lessee's use of the remainder of the Demised Premises shall have been impaired or interfered with by reason of the taking.


    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 in the Land and future rent

    loss. The Lessee will be entitled to any compensation awarded for any taking, whether for the whole or a portion of the Demised Premises, for the Lessee's leasehold interest, all improvements that were part of the taking and installed by Lessee, Lessee's moving expenses, and the value of Lessee's trade fixtures.


  30. 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; 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 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 law, rule, or regulation (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 Authority rules and regulations and such failure continues for more than thirty (30) days after delivery of written notice of such default to Lessee by the Authority or the Authority's agents; or


    19. 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 default, or at any time thereafter during the continuance the default, the Authority, by its Board, may, at its option, immediately terminate this Lease, and all rights ofLessee 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 shall have 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 shall 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 shall be liable for all damages incurred by the Authority in connection with Lessee's default or the termination of this Lease upon such a 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 withou-t 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.

  31. 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 default, Lessee may be determined by 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 defaults and that any subsequent breaches or defaults, 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 default, the Authority may terminate this Lease. The Authority shall provide written notice to Lessee of the effective termination date.


  32. 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.


  33. 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 oflaw or otherwise.


  34. INSOLVENCY. If Lessee becomes insolvent or bankruptcy proceedings are begun by or against Lessee, and within sixty (60) 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.


  35. FORCE MAJEURE AND ABATEMENT OF PAYMENTS.

    1. Acts, events, incidents or occurrences which would constitute a breach or default by the 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 happen or occur through no action, fault, inaction, negligence or other conduct by the Lessee, its agents, contractors, employees, invitees, licensees, servants, or subcontractors will not be deemed a breach or default by the 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 the Lessee or the activities and operations of the Lessee upon the Demised Premises. The 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 the 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 of 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, the Lessee will have the right to terminate this Lease without penalty upon the Lessee giving the Authority written notice of said termination.


  36. 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 the 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, will promptly comply with said requirements. If the activities and operations of the Lessee at Port Manatee pursuant to the provisions of this Lease result in a determination that the Lessee is a marine terminal operator and if the charges, fees, rates and other income received by the Lessee from others in connection with the activities and operations of the Lessee as a marine terminal operator are subject to approval or filing requirements under federal laws or regulations administered by the Federal Maritime Commission, the Lessee shall 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.


  37. 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 the Lessee transmitted by the 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 the Lessee, the Authority shall immediately notify the Lessee of said request; however, in no event will the Authority delay production of the public records in order to provide notice to the Lessee. The Authority will comply with said request to the extent required by law, unless the 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 the 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, the Lessee shall pay to the Authority an amount equal to the total amount of said attorneys' fees, costs, damages, or penalties.


    The 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 are 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 the 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. The 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 the 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.

    Furthermore, the 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. The 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 the Lessee's response to each request. The 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 THE LESSEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE LESSEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO TIDS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE AUTHORITY AT (941) 722-6621.


  38. 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 as 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:


    • If to Authority


    Address:


    Telephone: Email:


    Address:


    Telephone: Facsimile: Email:


    Copy to:


    Telephone: Email:

    Port Manatee Ship Repair & Fabrication LLC Attention: President

    2114 Piney Point Road Palmetto, FL 34221

    (908) 285-0912

    frank@manateeshiprepair.com


    Manatee County Port Authority. Attention: Executive Director 300 Tampa Bay Way, Suite One Palmetto, Florida 34221

    (941) 722-6621

    (941) 729-1463

    cbuqueras@portmanatee.com


    Port Counsel

    Bryant Miller Olive P.A.

    201 North Franklin Street, Suite 2700

    Tampa, FL 33602

    (813) 273-6677

    jc owan@bmo law.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.


  39. CONTROLLING LAW. 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. Any action or proceeding brought by the Lessee against the Authority for the enforcement of this Lease or the interpretation of the provisions of this Lease will be brought in a court of applicable jurisdiction in the State of Florida and the venue for any such action or proceeding will be in Manatee County, Florida, unless the default implicates or involves a federal statute, regulation, order or permit in which case venue will be in the federal courts with the 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 ofleaving 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 TIDS 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.


  40. AMENDMENTS. This Lease may not be modified, amended, or altered except by in a written document prepared with the same formality and of equal dignity as this Lease and executed by the Authority and Lessee.


  41. 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.


  42. 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.


  43. 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."


  44. 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 will not be construed more or less favorably with respect to either party as a consequence of the Lease having been drafted by one of the Parties. The

    language agreed to expresses their mutual intent and the resulting document may not, solely as a matter of judicial construction, be construed more severely against one of the Parties than the other. The Parties acknowledge that they have sought and received whatever competent advice and counsel was necessary for them to form a full and complete understanding of all rights and obligations in this Lease and that the preparation of this Lease has been their joint effort. 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.


  45. 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.


  46. COUNTERPARTS; SIGNATURES. This Lease will become effective upon its execution 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. Signatures may be given via facsimile or e-mail transmission and will be deemed given as of the date and time of the transmission of this Lease to the other party.


  47. 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.


[Remainder of this Page Intentionally Blank; Signature Pages Follow]

IN WITNESS WHEREOF, the Parties have caused this Port Manatee and Port Manatee Ship Repair & Fabrication Lease to be duly executed in duplicate this the 19th day of March, 2020 to be effective on the Effective Date.



ATTEST: ANGELINA "ANGEL" COLONNESO

Clerk of Circuit Court


By: _


MANATEE COUNTY PORT AUTHORITY


By: _ Chairman

PORT AUTHORITY


PORT MANATEE SHIP REPAIR &


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"LESSEE"

EXHIBIT A


Legal Description


Parcel ID No. 593310059 - 0.84 Acre


COMMENCE AT THE SOUTHERN CORNER OF SECTION 1, TOWNSHIP 33 SOUTH, RANGE 17 EAST, MANATEE COUNTY, FLORIDA; THENCE N00d30'08"E, ALONG THE EAST LINE OF SAID SECTION 1, A DISTANCE OF 1889.65 FEET TO A RAILROAD SPIKE MARKING THE INTERSECTION OF SAID EAST LINE AND THE CENTERLINE OF PORT MANATEE ENTRANCE ROAD; THENCE EAST, ALONG SAID BASELINE, A DISTANCE OF 1251.82 FEET TO THE POINT OF INTERSECTION OF SAID BASELINE AND THE CENTERLINE OF PINEY POINT ROAD; THENCE S60d49'56"E, ALONG SAID CENTERLINE, A DISTANCE OF 622.20 FEET; THENCE N29dl0'04"E, A DISTANCE OF 40.00 FEET FOR A POINT OF BEGINNING, SAID POINT ALSO BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF SAID PINEY POINT ROAD; THENCE N60d49'56"W, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 198.49 FEET; THENCE N29dl0'04"E, A DISTANCE OF 131.86 FEET; THENCE S88D17'19"E, A DISTANCE OF 223.69 FEET SAID POINT ALSO BEING THE NORTHWEST CORNER OF A PARCEL OF LAND AS DESCRIBED IN OFFICIAL RECORDS BOOK 1249, PAGE 2869, OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA; THENCE S29dl0'04"W,A DISTANCE OF 235.00 FEET FOR A POINT OF BEGINNING. ALL LYING AND BEING IN SECTION 6, TOWNSHIP 33 SOUTH, RANGE 18 EAST, MANATEE COUNTY, FLORIDA.

CONTAINING 36,410 SQUARE FEET OR 0.84 ACRES, MORE OR LESS.


Parcel ID No. 593310006-1.18 Acre


COMMENCE AT THE S.E. CORNER OF SECTION 1, TOWNSHIP 33 SOUTH RANGE 17 EAST: MANATEE COUNTY, FLORIDA; THENCE NORTH ALONG THE EAST LINE OF SECTION 1, A DISTANCE OF 1888.56 FEET THENCE EAST 1270.0 FEET TO CENTER LINE OF PINEY POINT ROAD, THENCE S 61° 29 E, A DISTANCE OF 600' TO A POINT IN CENTER LINE OF PINEY POINT ROAD NORTHEASTERLY 40° FEET TO POINT OF BEGINNING, CONTINUE NORTHEASTLY 235 THENCE NORTHEASTLY 207', THENCE SOUTH 334 FEET, THENCE N 61° 29W 180.0 TO POINT OF BEGINNING.


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EXHIBITB


Description of Improvements.



  1. Pre-fabricated steel warehouse

  2. Double-wide office

Type Building Trailer

May 19, 2020


CONSENT

AGENDA ITEM 1.K.: ARROW TERMINALS CARGO AND FREIGHT VOLUME AGREEMENT AMENDMENT FOUR


BACKGROUND:


On December 17, 2015, the Authority approved a two-year Cargo and Freight Volume Agreement with Arrow Terminals, Inc. (Arrow), an importer of various forestry and aluminum products. Amendments One, Two and Three were approved on April 21, 2016, December 21, 2017, and December 20, 2018, respectively, with various rate changes and term extensions. Due to the economic impact of COVID-19, Arrow has requested a reduction of its minimum annual guarantee from 100,000 short tons to 90,000 short tons for calendar year 2020. Arrow has also agreed to an increase in the short ton guarantee from 100,000 to 109,900 for calendar year 2021. Request is for approval of the Cargo and Freight Volume Agreement Amendment Four.


ATTACHMENTS:


Port Manatee Cargo and Freight Volume Agreement Amendment Four


COST AND FUNDING SOURCE:


CONSEQUENCES IF DEFERRED:


Delay in Port Authority approval of the negotiated minimum annual guarantee revisions for calendar years 2020 and 2021


LEGAL COUNSEL REVIEW: Yes


RECOMMENDATION:


Move to approve and authorize on behalf of the Port Authority the execution of the Port Manatee Cargo and Freight Volume Agreement Amendment Four between the Manatee County Port Authority and Arrow Terminals, Inc.


CARGO AND FREIGHT VOLUME AGREEMENT AMENDMENT FOUR BETWEEN PORT MANATEE AND ARROW TERMINALS


The terms and conditions of this Cargo and Freight Volume Agreement Amendment Four Between Port Manatee and Arrow Terminals hereinafter ("Amendment Four"), 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 ARROW TERMINALS, an entity duly organized to do business in the State of Florida, with a principal place of business located at 5201 W. Kennedy Blvd, Suite 530, Tamp Florida 33609, hereinafter referred to as "Arrow," for and in consideration of the mutual covenants herein contained and other good and valuable consideration, amend the Port Manatee Cargo and Freight Volume Agreement entered into by the parties hereto dated December 17, 2015 (hereinafter "Agreement"), the Port Manatee Cargo and Freight Volume Agreement Amendment One dated April 21, 2016, (hereinafter "Amendment One"), the Port Manatee Cargo and Freight Volume Agreement - Amendment Two dated December 21, 2017, (hereinafter "Amendment Two"), the Port Manatee Cargo and Freight Volume Agreement Amendment Three dated December 20, 2018 (hereinafter "Amendment Three"), and state as follows:

  1. CONSIDERATION. Each of the parties represents that as a result of economic


    conditions, mutual covenants, the long-term benefit to both parties, and other good and valuable consideration, this Amendment Four shall govern the parties' responsibilities regarding the minimum annual guarantee (paragraph 3.D. of the Agreement).


  2. SCOPE AND EXTENSION. Arrow exercised its option to renew for 2020. Currently, due to the economic impact of COVID-19, Arrow has requested a reduction to its minimwn annual guarantee in calendar year 2020, but has agreed to an increase to the minimwn annual guarantee for 2021. This Amendment Four is being entered into for the purpose of amending, modifying and superseding paragraph 3.D. of the Agreement to provide a reduction to the minimum annual guarantee during calendar year 2020 from 100,000 short tons to 90,000 short tons. The minimum annual guarantee for calendar year 2021 is increased from 100,000 short tons to 109,900. Except to the extent amended in Amendment Four, all other provisions set forth in the Agreement, Amendment One, Amendment Two and Amendment Three shall remain in full force and effect and binding upon the Authority and Arrow. In entering into Amendment Four, the parties acknowledge that in no way has the Authority waived any of its rights or claims it may have against Arrow.

  3. AMENDMENT. The parties agree to amend, modify, and supersede paragraph 3.D. of the Agreement as follows:

    1. Minimum Annual Guarantee. Regardless of the amount of short tons of cargo actually shipped through Port Manatee by Arrow during the Initial Term or any extended term, Arrow guarantees that the amount of said inside storage rate to be paid (January 1 through December 31) shall be at least the following amount:


      • January 1, 2016 - December 31, 2016 - 100,000 short tons for inside storage

      • January 1, 2017 - December 31, 2017 - 100,000 short tons for inside storage

        ., January 1, 2018 - December 31, 2018 - 100,000 short tons for inside storage

      • January 1, 2019 - December 31, 2019 - 100,000 short tons for inside storage


        January 1, 2020 - December 31, 2020 - 90,000 short tons for inside storage

        January 1, 2021 - December 31, 2021 - 109,900 short tons for inside storage 1 ! !

        0 January 1, 2022 - December 31, 2022 - 100,000 short tons for inside storage


        1bisguarantee for inside storage is a major inducement to the Authority for entering into this Agreement, and the Authority has entered into this Agreement in reliance thereon. As soon as the minimum annual guarantee is reached in each calendar year, the MAG will be settled for that calendar year.


        After each quarter during the fiscal year throughout the duration or term of this Agreement, an accounting shall be made as to the actual amount of inside storage charged by the Authority and paid by Arrow for commodities for each particular quarter, and Arrow shall pay the inside storage rate set forth herein within thirty

        (30) days thereafter any difference remaining due between the amount of said commodity inside storage rate actually paid and the amount of the guaranteed commodity inside storage rate for that particular fiscal year. Arrow's failure to meet the minimum guaranteed inside storage rate for any fiscal year will be considered a breach of this Agreement by Arrow, and grounds for immediate tennination of the Agreement at the Authority's sole option. Arrow shall pay the Authority interest at one and one half percent (1.5%) per month or part thereof (18%) per annum on any payment which remains unpaid for thirty (30) calendar days from the due date.


        Regardless of the amount of short tons of cargo actually shipped through Port Manatee by Arrow during the Initial Term or any extended term, the Authority guarantees that Arrow will be provided with sufficient warehouse space to store its incoming cargo and that the Authority will make its best efforts to store related Arrow cargo together. However, the Authority makes no guarantees that all of Arrow's cargo can be consolidated and stored together. Further, the parties agree that Arrow is responsible for any and all of its cargo that is stored at Port Manatee. In accordance with the Port Manatee Tariff, Arrow agrees to provide all necessary insurance related to the cargo Arrow bring to Port Manatee.


  4. CONFLICT. In the event of a conflict regarding the provisions set forth in paragraph 3.D. of the Agreement and the provisions contained in this Amendment Four, the provisions set forth in Amendment Four shall prevail. In the event of a conflict between any other


    paragraphs within the Agreement, Amendment One, Amendment Two, Amendment Three and Amendme,nti Four, the Agreement, Amendment One, Amendment Two, and Amendment Three shall prevail.

  5. AUTHORITY TO EXECUTE. Each party covenants to the other party that it has lawful authority to enter into this Amendment Four, that the governing or managing body of each of the parties has approved this Amendment Four and that the governing or managing body of each of the parties has authorized the execution of this Amendment Four in the manner hereinafter set forth.

  6. EFFECTIVE DATE. The effective date of Amendment Four is May 1, 2020.


    IN WITNESS WHEREOF, the parties have caused this Amendment Four to be duly executed in duplicate this the 19th day of May, 2020.


    ATI'EST: ANGELINA M. COLONNESO MANATEE COUNTY PORT AUTHORITY

    Clerk of Circuit Court

    @ 1=Q Jt.

    , 0 -::- - ----·- - -,

    PrinteJ C ff a..,, s7 fJ<,:,./l,<;.

    t

    WITNESSES:


    image

    . ?5

    Ci\&,_

    By ­

    Priscilla Whisenant Trace

    Chairman AUTHORITY


    -- - -

    ATTEST: Clerk of Circuit Court

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

    Printed Name: _ _ _ _ _ _ _ _ _ _

    Title: _ _ _ _ _ _ _ _ _ _ _ _

    image

    May 19, 2020


    CONSENT

    AGENDA ITEM 1.L.: DELEGATION OF AUTHORITY TO

    EXECUTIVE DIRECTOR


    BACKGROUND:


    During certain periods of the year, the Port Authority may have certain months in which it has no regularly scheduled meetings. During that time, matters normally requiring approval and authorization of the Authority may arise. In order to enable the Executive Director and the Port staff to maintain continuity of services in the routine business of the Port and avoid delay in the conduct of Port business, as well as avoiding the loss of business opportunities, the Executive Director and staff recommend adoption of this proposed resolution granting the Executive Director limited authority to act during these periods. This resolution is expressly limited in its scope.


    ATTACHMENTS:


    Resolution No. PA-20-16


    COST AND FUNDING SOURCE:


    N/A.


    CONSEQUENCES IF DEFERRED:


    Loss of continuity of routine business and delay in conduct of business.


    LEGAL COUNSEL REVIEW: Yes RECOMMENDATION:


    Move to adopt Resolution PA-20-16.

    RESOLUTION NO. PA-20-16


    A RESOLUTION OF THE MANATEE COUNTY PORT AUTHORITY FOR LIMITED AND TEMPORARY DELEGATION OF AUTHORITY DURING EXTENDED PERIODS BETWEEN AUTHORITY MEETINGS


    WHEREAS, the Manatee County Port Authority (hereinafter the “Authority”) may have months without scheduled meetings; and


    WHEREAS, the Authority recognizes that matters requiring approval and authorization by the Authority may arise during extended periods without scheduled meetings and, to the extent possible, wish to maintain continuity in the routine business of the Authority and wish to maintain and avoid delay in the furnishing of services as a result of the extended periods without regular meetings.


    NOW, THEREFORE, BE IT RESOLVED BY THE PORT AUTHORITY OF MANATEE COUNTY AS FOLLOWS:


    1. Purpose: Except as specifically limited below, the delegation of authority provided in this Resolution shall apply to any approval or authorization, and the execution of contracts and other documents as may be reasonable and necessary, when there is more than thirty (30) calendar days between regularly scheduled Authority meetings, to accomplish only the following:


      1. Avoid delays in furnishing services or implementing or continuing approved programs; and


      2. Avoid additional costs or expenses or the likelihood of additional costs or expenses, including but not limited to the use of personnel and resources of the Authority as well as the costs of goods and services; and


      3. Provide for the fair and reasonable treatment of citizens and organizations doing business with the Authority.


    2. To accomplish those purposes set out in Paragraph A, the Authority delegates to

      the Executive Director of the Port, or in his absence the Deputy Executive Director, authority to:


      1. Approve, authorize and sign contracts, work assignments, purchase orders, change orders, and all documents and papers related thereto that are beyond the dollar limits provided by policies of the Authority but are otherwise purchased in accordance with applicable Laws, Ordinances and policies; and


      2. Approve any refunds owed by the Authority to third parties at the request of a department director upon presentation of documentation of the amount due and owing; and


      3. Schedule and publish notice of public hearings and special meetings upon a determination by the Executive Director of the Port or Deputy Executive Director of the Port that it appears to be in the best interest of the Authority to proceed without delay; and

        1

      4. Approve any budget amendments required in support of the authorizations provided in Paragraphs B and C, and any prior authorizations of the Authority; and


      5. Approve, authorize and sign documents and forms reasonably required to implement or continue any program, plan or activity previously authorized by the Authority.


    3. To accomplish those purposes set out in Paragraph A, the Authority hereby delegates to the Port Authority Attorneys authority to:


      1. Initiate litigation, adversarial administrative proceedings, or appellate proceedings, including extraordinary writ proceedings, where, in the opinion of the Port Authority Attorneys, it is necessary to do so in order to preserve the status quo or the legal rights or protect the interests of the Authority; and


      2. Retain expert witnesses or consultants where, in the opinion of the Port Authority Attorneys, it is necessary to do so in order to preserve the status quo or the legal rights or protect the interests of the Authority; and


      3. Agree to continuances or extensions of time in on-going or threatened litigation, adversarial administrative proceedings, or appellate proceedings where, in the opinion of the Port Authority Attorneys, it is necessary to do so in order to preserve the status quo or the legal right or protect the interests of the Authority.


    4. To accomplish the purposes set out in Paragraph A, the Clerk of the Circuit Court, or his duly authorized deputy, as Clerk to the Authority, and as custodial of funds and comptroller, is requested and authorized, upon approval by the Executive Director of the Port or Port Authority Attorneys to:


      1. Take any action reasonably and necessarily required pursuant to the authority delegated under Paragraphs B and C; and


      2. Proceed with all matters of a routine nature usually submitted to the Authority on the Clerk’s consent agenda, including but not limited to making of all payments lawfully due and owing by check, voucher, warrant, cash or wire transfer, or other appropriate means, the release of cash deposits, and payment of any revenue refunds in excess of established approval limits.


    5. Limitations: This Resolution shall not apply to:


      1. Any legislative matter or other action that must be considered at an advertised public hearing; and


      2. Any new contracts retaining architects, engineers, landscape architects, surveyors, or other professional consultants. However, this limitation does not include any work assignment, time extension, or matters related to established contracts, or experts retained pursuant to C.3 above; and


        2

      3. Any lease or contract providing for the sale, acquisition or exchange of any interest in real property, except documents necessary for closing contracts signed by the Authority, and except that any acquisition of property for utility easement or right-of- way as a part of or in avoidance of or settlement of eminent domain proceedings for an amount not to exceed the highest appraised value assigned by a duly certified appraiser may be authorized and executed by the Executive Director of the Port or his designee at the request of the Port Authority Attorneys; and


      4. Any new program or activity not previously authorized by the Authority; and


      5. Any matter involving the expenditure of funds in excess of funds that may lawfully be budgeted for such purpose.


    6. Records: A record of all actions taken under this Resolution shall be maintained

      and made a part of the record of the Authority via placement on the first consent agenda after the extended recess.


    7. Interpretations: This Resolution is not intended to apply to or limit any authority previously delegated by the Authority. This Resolution is intended to be broadly interpreted to accomplish the purposes set out in Paragraph A.


    8. Effective Period: This Resolution shall take effect upon adoption but the

      delegation of authority shall only extend to actions that need to be taken when there is more than thirty (30) calendar days between regularly scheduled Authority meetings.


    9. Any prior years’ resolution authorizing the same or similar authority is rescinded and replaced by this resolution.


ADOPTED with a quorum present and voting this 19th day of May, 2020.


ATTEST: ANGELINA M. COLONNESO MANATEE COUNTY PORT AUTHORITY

CLERK OF CIRCUIT COURT


image

By:


3

May 19, 2020


CONSENT

AGENDA ITEM 1.M: CHANGES TO WAREHOUUSE 2 LOADING DOCKS


BACKGROUND:


On July 24, 2018, the Authority approved RS&H for warehouse 2’s loading docks design, permitting, and construction phase services in the amount of $140,012 with change order increases approved in the amount of $18,630. On February 20, 2020, the Authority approved the contract with Flores Construction Company in the amount of $1,238,073 for all necessary labor, equipment, and materials for the construction of the loading docks.


Resolution No. PA-19-14 (approved May 21, 2019) authorizes limited and temporary delegation of authority to the Executive Director during extended periods between Authority meetings. The Executive Director approved change orders No. 5 and 6 to maintain continuity of services in the routine business of the Port and avoid delay in the conduct of Port business in accordance with the authority granted pursuant to Resolution No. PA-19-14. In addition, change orders No. 1 – 4 are presented for approval.


  1. Change Order No. 1 – Unforeseen underground electrical duct bank resulting in increase to RS&H fees of $8,167 and a decrease of $15,651 to Flores Construction. Savings of $7,484.

  2. Change Order No. 2 – Repair/replace electrical duct bank and feeder resulting in an increase of $4,862 to Flores Construction.

  3. Change Order No. 3 – Direct material purchase for sales tax savings per Section 212.08(6), Florida Statutes and Rule 12-A-1.094, Florida Administrative Code, decrease Flores Construction $32,838 and enter new PO to Dockzilla Co in the amount of $25,093 for the purchase of a mobile loading dock. Savings of $7,745.

  4. Change Order No. 4 - – Direct material purchase for sales tax savings per Section 212.08(6), Florida Statutes and Rule 12-A-1.094, Florida Administrative Code, decrease Flores Construction $78,040 and enter new PO to All Steel Buildings, Inc. in the amount of $74,679.52 for the purchase of a 50’x90’x15 metal building. Savings of $3,360.48.

  5. Ratify & Affirm Change Order No. 5 - Direct material purchase for sales tax savings per Section 212.08(6), Florida Statutes and Rule 12-A-1.094, Florida Administrative Code, decrease Flores Construction $90,147.50 and enter new PO to Whitney Transport, LLC in the amount of $86,940 for the purchase of recycled crushed concrete base material. Savings of $3,207.50.

  6. Ratify & Affirm Change Order No. 6 – Direct material purchase for sales tax savings per Section 212.08(6), Florida Statutes and Rule 12-A-1.094, Florida Administrative Code, decrease Flores Construction $41,147.50 and enter new PO to Cemex, Inc.in the amount of $38,888.50 for the purchase of ready-mix concrete material. Savings of $2,259.

Cont.,

CONSENT

AGENDA ITEM 1.M: CHANGES TO WAREHOUUSE 2 LOADING DOCKS ATTACHMENT:

Change Orders No. 1-6.


COST AND FUNDING SOURCE:


Savings on the project for change orders 1-6 total $19,193.98


CONSEQUENCES IF DEFERRED:


Delay in warehouse 2 loading dock completion LEGAL COUNSEL REVIEW: Yes RECOMMENDATION:

Move to approve and authorize the chairman to execute Change Orders No. 1-4 and move to ratify and affirm change orders 5 and 6:


  1. Change Order No. 1 –Increase to RS&H fees of $8,167 and a decrease of $15,651 to Flores Construction.

  2. Change Order No. 2 –Increase of $4,862 to Flores Construction.

  3. Change Order No. 3 –Decrease Flores Construction $32,838 and enter new PO to Dockzilla Co in the amount of $25,093.

  4. Change Order No. 4 - –Decrease Flores Construction $78,040 and enter new PO to All Steel Buildings, Inc. in the amount of $74,679.52.

  5. Ratify & Affirm Change Order No. 5 - Decrease Flores Construction $90,147.50 and enter new PO to Whitney Transport, LLC in the amount of $86,940.

  6. Ratify & Affirm Change Order No. 6 –Decrease Flores Construction $41,147.50 and enter new PO to Cemex, Inc.in the amount of $38,888.50.



RS&H

1715 N. Westshore Blvd., Suite 500

Tampa, FL 33607-399

P: (813) 636-2631

F: (407) 264-6924

I


May 4, 2020


Mr. George Isiminger, P.E.

Senior Director of Planning, Engineering and Environmental Affairs Manatee County Port Authority

300 Tampa Bay Way Palmetto, Florida 34221


Dear Mr. Isiminger,


In reference to the requirement to shift the building to avoid unforeseen underground electrical duct bank, the following is provided.


PROJECT DESCRIPTION


Manatee County Port Authority (MCPA) has secured the services of RS&H, Inc. to provide architectural and engineering design for a new-pre-engineered metal building at Warehouse #2.


SCOPE OF SERVICES


Proposed changes include the following: Shift the building to avoid unforeseen underground electricalduct bank. Work includes civil plan set revision,sstorm drainage revisions, and structural revisions. See attachment "A".


Project Schedule: Project will be completed within three weeks of Notice to Proceed (NTP).


Price: This is a lump sum agreement. Total fee for this effort is $8,167.00 as shown on attachment "B".


RS&H looks forward to the opportunity to continue to support the MCPA.


W.

,

Sincerely,

RS&H, Inc.

/.

Michael S. Dixon, PE

Vice President, Transportation-Infrastructure



image

Mitt-,SWlwM_!!•EstlrMt1 Wo,11 Effort


Consultant:

O.te Prtpulld:

JobO.scrlptlon:

image

1 1-

WMV.•tffl/Actl'flf)'

Cid- \Jpcbl• Buildi,g location on 1l Plan ShNls

0.1- i:,.R..ilion•

-·I

$225.00

I

.

.,.

I I

'

ask.2 TOtiillfou

olalFee

"

Grand Total for Base Fee

$675

su e .oo

"'"'

s,,200 1 1111200

IISSOO

sn1100

Ul"kPrku

$5 580

$1 912


!B,167

SS.580.00

SU l2.00


11,11100

,.

SINc:tutat-RampR...

0.1-AtJdWill«MM!Dtt.ShNI

0,1-AuloTwn

22

Task_2 1?9sign l0 Shift Build_i

Totll Fee

Task 1 Toti! Hours

Task 1 Project MaITTllijement and Admi .


,T-lolonHo.nll,

Dl'oqw

=1

-...,-

Pr..,aor.ic« jPt,,,.a

Contracl:


RS&H,lnc..

M"Y4,2020

Port Man.ate. Loading Docks Supplernentll for Design tor BuUdlng Shift




Change in Contract Price Change in Contract Times


Original Contract Price: '

I


$1,238,073.00

O iginal Contract Price Time : 180 days Substantial Completion : September 6, 2020 Ready for final payment: October 6, 2020

Increase/(Decrease) from previously approved Change Orders No. 0 to No. D,:


$ 0.00

Increase/(Decrease) from previously approved Change Orders No. 0 to No. 0: 0

Substantial Completion : September 6, 2020 Ready for final payment: October 6, 2020

Contract Price prior to this Change Order:


$ 1,238,073.00

Contract Times prior to this Change Order: 0 Substantial Completion: September 6, 2020 Ready for final payment: October 6, 2020

Increase/(Decrease) this Change Order:


($ 15,651.00)

Increase/(Decrease) this Change Order: 0 Substantial Completion: September 6, 2020 Ready for final payment : October 6, 2020

Contract Price incorporating to this Change Order:

$ 1,222,422.00 cr Q

Contract Times with all approved Change Orders: 0 Substantial Completion : September 6, 2020

Ready for final payment: October 6, 2020


image

Recommended by

Authorized by Owner



image


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By: Title:


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1 J n D : o

)' ){ -

Dt:: rt::11.A

Senior Project Engineer Manager

--

5/1/2020

Date:


Authorized by Owner App roved.by Contractor

image image


image

By: George Isiminger , PE David Flores

image image

Senior Director of Planning, Engineering ,

Title:

and Environmental Affairs

President


Date: 05/01/2020

Port Manatee - Cold Storage Warehouse Improvements COP - relocating building to the south and to the east

revised/dated 4/28/2020


# description i

)

{CREDIT}

f.'.DD

  1. demolition ES-2

  2. manhole DS-1 and DS-2


(500.00)

{9,600.00}


3 plug and fill 18" RCP 45LF/structure


{4,100.00)


4 18" RCP 42LF


{3,444.00)


5 demolition ES-7


(500.00)


6 remove 30x19 ERCP 34If DS4-6


(680.00)


7 remove 30x19 ERCP 71If DS3-5


{1,420.00)


  1. structure DS-4

  2. raise fire hydrant/valve 10 DS-3, DS-5 structure


{6,800.00)

{3,100.00}

{13,600.00}


11 DS-3, DS-5 (dog house)



4,600.00

12 excavation (east/south)



10,638.00

13 import fill (east/south)



7,920.00

14 relocate fire hydrant/valve



4,935.00

15 shift/angle forklift bridge



no change

subtotals

{43,744.00}

28,093.00

total change order proposal


(15,651.00)


CHANGE ORDER NO.: 2


Owner: Manatee County Port Authority

Owner's Project No.: PSA No. 18-02 ITB+9-0-2019


Engineer: RS&H, Inc.

Engineer's Project No.: I 04-4007-002


Contractor: Flores Construction Co. Contractor' s Project No.: PO-PA00541 I


Project: Port Manatee Loading Docks - Cold Storage Warehouse Improvements Contract Name: Cold Storage Warehouse Improvements

Date Issued: March I 0, 2020


Effective Date of Change Order: May 1, 2020


The contract is modified as follows upon execution of this Change Order: Description :

Repair/replace electrical duct bank and feeder to Warehouse 2. The duct bank consisted of one 3 ½" conduit with wire to exterior refrigerated cooling towers. The conduit was embedded within the concrete paving and only 8"-9" below grade. The location of this conduit and power was not marked prior to excavation by either Sunshine 811 utility company or the port. Previously submitted amount $9,724.00 split with the Port @ $4,862.00.


Attachments:

Flores Construction Co. Change Order Proposal (COP) dated April 18, 2020 - two pages



Change in Contract Price Change in Contract Times


image

J 4.

Original Contract Price:

I


$ 1,238,073.00

O. igin al Contract Price Times: 180 days Substantial Completi on: September 6, 2020 Ready for final payment: October 6, 2020

Increase/(Decrease) from previously approved Change Orders No. 1 to No. 1:


($ 15,651.00)

Increase/(Decrease) from previously approved Change Orders No. 1 to No. 1: 0

Substantial Completion: September 6, 2020 Ready for final payment: October 6, 2020

Contract Price prior to this Change Order:


$ 1,222,422 .00

Contract Times prior to this Change Order: 0 Substantial Completion: September 6, 2020 Ready for final payment: October 6, 2020

Increase/(Decrease) this Change Order:


$ 4,862.00

Increase/(Decrease) this Change Order: 0 Substantial Completi on: September 6, 2020 Ready for final payment: October 6, 2020

Contract Price incorporating to this Change Order:


$ 1,227 ,284.00

Contract Times with all approved Change Orders: 0 Substantial Completion: September 6, 2020

Ready for final payment: October 6, 2020

: n • ded byrrQ


Authorized by Owner


By:

PeE,,CEM


Title:

Senior Project Engineer Manager

--

5/4/2020

Date:


&

Authorized by Owner App rove, d by Contractor

image

image

image

By: George Isim inge r, PE David Flores Senior Director of Planning, Engineering

Title: and EnYiroameatal Affairs

President


Date: ') 05/01/2020


CHANGE ORDER NO.: 3


Owner: Manatee County Port Authority

Owner's Project No.: PSA No. 18-02 ITB-9-0-2019


Engineer: RS&H, Inc.

Engineer's Project No.: 104-4007-002


Contractor: Flores Construction Co. Contractor's Project No.: PO-PA005411


Project: Port Manatee Loading Docks -Cold Storage Warehouse Improvements Contract Name: Cold Storage Warehouse Improvements

Date Issued: March 10, 2020


Effective Date of Change Order: May 2, 2020


The contract is modified as follows upon execution of this Change Order: Description:

Credit the Portable Forklift Ramp scope of work from our contract for Owner Direct Purchase.


Attachments:

Flores Construction Co. Change Order Proposal (COP) dated April 28, 2020 - fifteen (15) pages



Change in Contract Price Change in Contract Times


Oi;iginal Contract Price:

I


$ 1,238,073.00

,, Original Contract Price Ti111es: 180 days '

,. Substantial Comple tion: September 6, 2020

Ready for final payment: October 6, 2020

lncrease/(Decrease) from previously approved Change Orders No. I to No. 2:


($ 10,789.00)

Increase/(Decrease) from previously approved Change Orders No. I to No. 2: 0

Substantial Completion: September 6, 2020 Ready for final payment: October 6, 2020

Contract Price prior to this Change Order:


$ 1,227 ,284.00

Contract Times prior to this Change Order: 0 Substantial Completion : September 6, 2020 Ready for final payment: October 6, 2020

Increase/(Decrease) this Change Order:


($ 32,838.00)

Increase/(Decrease) this Change Order: 0 Substantial Completion: September 6, 2020 Ready for final payment: October 6, 2020

Contract Price incorporating to this Change Order:

$ 1,194,446.00 (

Contract Times with all approved Change Orders: 0 Substantial Completion: September 6, 2020

2Ready for final payment: October 6, 2020


Recommended by EK neer

Authorized by Owner



By: Title: Date:

,/ tf?-fi \ j

image

f

. Rice, PE, CEM

Senior Project Engineer Manager


image image

05/04/2020

image image


image

Authorized by Owner Approved by Contractor



By:

7

George Isiminger, PE


image

image

·1-- 0

Senior Director of Plannin g, Engineering


David Flores

image

Title: Date:

and Environmental Affairs President


05/02/2020

PURCHASE ORDER


THIS PURCHASE ORDER (the "Agreement") is made by and between the following parties:

DATED:

MAY4,2020

BUYER (OWNER):

Manatee County Port Authority

SELLER (VENDOR):

i Dockzilla, Co.

F LOR IDA SALES T AX EXEMPT C ERT N o .

85-801262206C-6

F.E.T. EXEMPT. CERT. NO. 59-6000727


DBA OF LEUM ENGINEERING, INC.

ADDRESS (BILLING):

300 Tampa Bay Way, Suite 1

Palmetto, Florida 34221

A DDRESS:

7935 Stone Creek Drive, Suite 30

Chanhassen Minnesota 55317

CONTACT:

George Isiminger, 941-722-6621 Glsiminger(@oortmanatee.com

CONTACT:

Jeff Parris, 612-298-0958 JParris(@dockzilla.com


PROJECT NAME/JNFORMA TION:

Manatee County Port Authority

Cold Storage Warehouse Improvements Parcel1D2059700359000-1511130692

Permits

Building- BLD 1901-1635 Site - PNL 1908-0065

SHIP TO/PROJECT ADDRESS:

Port Manatee North Gate 13255 Eastern Avenue

Palmetto Florida 34221


Qty

Unit

Description

Unit$

Freight

Material







1

EA

LE 4500 Mobile Loading Dock 38' x 8' x 15k

22,995.00


$ 22,995.00

1

EA

Shipping

2,098.00

$ 2,098.00






















Subtotals:


$ 2,098.00

$ 22,995.00



State of Florida sales tax:

6%

Exempt

Exempt



Manatee County sales tax:

$50>1%

Exempt

Exempt



Totals:


$ 2,098.00

$ 22,995.00



Combined (PO) Total:


$25,093.00


image

ACCEPTED:

Buyer: Manatee County Port Authority

Seller: Dockzilla, Co.

By: By:

(Duly Authorized) (Date) (Duly Authorized)

(Date)

Printed Name/Title

Printed Name/Title

Attachment(s):


Dockzilla estimate 12903 04/27/2020 - one page

Manatee County Port Authority Certificate of Exemption 85-8012622206C-6- one page


image

MEMORANDUM



I

To: John Rice, RS&H

image

From: David Flores, C 813 323-7895, David@ FloresConstr uction.net Date: April 28, 2020

Re: Cold Storage Improvements (PO No. PA005411)


image


Please accept this memorandum as our Deductive Change Order Proposal (COP) to credit the Portable Forklift Ramp scope of work from our contract for Owner Direct Purchase as following:


Total DEDUCT ($ 32,838.00)


Please find the following and the attached bids received:


Dura-Ramp Inc. $ 14,990.21 30' overall (24' ramp and 6' platform) Overall width 95", service width 89", 9" high rub rails, 30k lbs capacity includes 16" x 72" fold down transition plate option

SafeRack (Bluff) $ 17,190.00 30' overall (24' ramp and 6' platform)

Overall width 84", usable width 78", 8" curb height

Dockzilla, Co. $ 25,093.00 38' overall (30' ramp and 8' platform) Overall width 102", service width 96", 13" high solid guards

Includes removable handrails above 30" Note - numbers exclude sales tax


Attachment(s):

Supplier bids (Dura-Ramp, SafeRack, Dockzilla)-fourteen pages


5470 East Busch Boulevard #511

Tampa, Florida 33617

lnfo@FloresConstruction.net www. Fl oresConst ruct ion .net


CHANGE ORDER NO.: 4


Owner: Manatee County Port Authority

Owner's Project No.: PSA No. I 8-02 l1}B-9-0-2019


Engineer: RS&H, Inc.

Engineer's Project No.: 104-4007-002


Contractor: Flores Construction Co. Contractor's Project No.: PO-PA0054 l l


Project: Port Manatee Loading Docks -Cold Storage Warehouse Improvements Contract Name: Cold Storage Warehouse Improvements

Date Issued: March 10, 2020


Effective Date of Change Order: May 4, 2020


The contract is modified as follows upon execution of this Change Order: Description:

Credit the Owner Direct Purchase Order (ODPO) of the pre-engineered metal building system furnished by All Steel Buildings, Inc.


Attachments:

LIST OF PROPOSERS


  1. AECOM

  2. Aerostor SES

  3. Ardaman & Associates

  4. Atkins

  5. BEA Architects

  6. Bermello Ajamil & Partners

  7. Brightwater Solutions

  8. Fawley Bryant Architects

  9. Gahagan & Bryant Associates

  10. George F. Young

  11. HDR

  12. Hyatt Survey Services

  13. John C. Martin Associates

  14. McKim & Creed

  15. Moffatt & Nichol

  16. Intertek-PSI

  17. RGA-Design

  18. RS&H

  19. S&ME

  20. Southeastern Surveying and Mapping

  21. Stantec

  22. Taylor Engineering

  23. Terracon

  24. Universal Engineering Sciences

  25. ZNS Engineering

May 19, 2020


CONSENT

AGENDA ITEM 1.O.: CERTIFICATIONS OF LANDS AND AGREEMENT

BETWEEN THE COUNTY AND THE PORT RELATED TO WASHINGTON PARK

BACKGROUND:

As provided by the terms of the Project Cooperation Agreement (PCA) between the Department of the Army and the Manatee County Port Authority dated March 31, 1995, the Authority agreed to provide all lands, easements and rights-of-way required for the Manatee Harbor, Florida Navigation Project. As part of that Project, the Department of the Army, plans to remove dredge material from the Confined Disposal Facility (CDF) at Port Manatee and transport the dredge material for offloading, placement, access, staging, and construction at Washington Park. The Department of the Army is requiring two lands certification from the Authority: 1) for the CDF and 2) for Washington Park. A lands certification for the CDF was previously provided in November 2019, but the Department of the Army is now requiring a lands certification in perpetuity, which is attached. As for a land certification for Washington Park, Manatee County (County), as the owner of Washington Park, previously provided a land certification to the Department of the Army; however, the Department of the Army is requiring the lands certification for Washington Park to come from the Authority, as the Manatee Harbor Florida Navigation Project sponsor. In an effort to be able to provide that lands certification and minimize any potential liability to the Port, the County has entered into the Agreement between Manatee County and Manatee County Port Authority Related to Washington Park, wherein the County provides the Authority and the Department of the Army with a temporary construction easement and agrees to assume any responsibility under the PCA related to the transport the dredge material for offloading, placement, access, staging, and construction at Washington Park.


ATTACHMENTS:

Certification of Lands – Confined Disposal Facility Certification of Lands – Washington Park

Agreement between Manatee County and Manatee County Port Authority Related to Washington Park – Due to size, Exhibit A of Agreement is available upon request


COST AND FUNDING SOURCE: N/A


CONSEQUENCES IF DEFERRED:

Delay in commencement of disposal at dredge material at Washington Park.


LEGAL COUNSEL REVIEW: Yes

RECOMMENDATION:

Move to approve and authorize the Chairman to execute a Certification of Lands between the Department of the Army and the Manatee County Port Authority for the Confined Disposal Facility, a Certification of Lands between the Department of the Army and the Manatee County Port Authority for Washington Park, and the Agreement between Manatee County and Manatee County Port Authority Related to Washington Park, contingent upon the Manatee County Board of County Commissioner’s approval of the Agreement and grant of the temporary construction easement.

CERTIFICATION OF LANDS


Certificate Number: (if applicable)

Project Name: Manatee Harbor, Florida Navigation Project

Segment:


The Manatee County Port Authority, as Project Sponsor of the Manatee Harbor, Florida Navigation Project (“Project”), authorized by Section 201 of the Water Resource Development Act of 1986, Public Law 99-662, by Section 102(j) of the Water Resource Development Act of 1990, Public Law 101-640, and by section 156 of the Energy and Water Appropriations Act, 2004, Public Law 108-37, under a Project Cooperation Agreement dated March 31, 1995 and as subsequently amended, does herby certify that the below described lands where the upland disposal area as depicted on the attached map are dedicated to the Project and shall not be conveyed, transferred, or otherwise altered or encumbered during the Project in a manner that would limit the Department of the Army’s irrevocable right to enter the lands as described below, without the express written consent of the Department of the Army acting by and through the Assistant Secretary of the Army for Civil Works or his designated representative.


The Manatee County Port Authority does certify that it owns the below described interests in the lands of the upland disposal area as depicted on the attached map at the time of execution of this Certificate and that these recited interests will not be impaired during the Project except as written consent is given as provided above. The Manatee County Port Authority also certifies that all persons and businesses that have been displaced by acquisition of below lands have been relocated in full compliance with Public Law 91-646, as amended and that the other provisions of Public Law 91-646, as amended, have been complied with.


The Manatee County Port Authority does hereby grant to the Department of the Army an irrevocable right to enter for purposes of construction, inspection and, if necessary, for the purpose of completing, operating, repairing, maintaining, replacing, or rehabilitating the Project upon the upland disposal area lands as depicted on the attached map, which the Manatee County Port Authority owns or controls for the Project.


The Manatee County Port Authority hereby certifies that it owns the upland disposal area lands as depicted inside the red outline on the attached map entitled Enclosure 1, in fee simple, title to (the land described in PIN: 593100209 via Warranty Deed dated 12/20/1965, and recorded in OR Book 266, Page 161 and Warranty Deed dated May 17, 1966, and recorded in OR Book 284, Page 502, Public Records of Manatee County, Florida), subject to existing easements for public roads and highways, public utilities, railroads and pipelines.

Manatee County Port Authority Dated:

By:

Chair

Attached Map - Enclosure 1


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CERTIFICATION OF LANDS


Certificate Number: (if applicable)

Project Name: Manatee Harbor, Florida Navigation Project

Segment:


The Manatee County Port Authority, as Project Sponsor of the Manatee Harbor, Florida Navigation Project ("Project"), authorized by Section 201 of the Water Resource Development Act of 1986, Public Law 99-662, by Section 1020) of the Water Resource Development Act of 1990, Public Law 101-640, and by section 156 of the Energy and Water Appropriations Act, 2004, Public Law 108-37, under a Project Cooperation Agreement dated March 31, 1995 and as subsequently amended, does herby certify that the below described lands at Washington Park, as depicted on the description and sketch of the temporary construction easement attached hereto as Exhibit A, are dedicated to the Project and shall not be conveyed, transferred, or otherwise altered or encumbered by the Manatee County Port Authority during the Project in a manner that would limit the Department of the Army's irrevocable right to enter the lands as described below, without the express written consent of the Department of the Army acting by and through the Assistant Secretary of the Army for Civil Works or his designated representative.


The Manatee County Port Authority does certify that it has acquired the below described interests in the lands at Washington Park, as depicted on the description and sketch of the temporary construction easement attached hereto as Exhibit A, at the time of execution of this Certificate and that these recited interests will not be impaired by the Manatee County Port Authority during the Project except as written consent is given as provided above. The Manatee County Port Authority also certifies that all persons and businesses that have been displaced by the Manatee County Port Authority's acquisition of the below identified interest in the lands have been relocated in full compliance with Public Law 91-646, as amended and that the other provisions of Public Law 91-646, as amended, have been complied with.


The Manatee County Port Authority does hereby grant to the Department of the Army an irrevocable right to enter for purposes of construction, inspection and, if necessary, for the purpose of completing, operating, repairing, maintaining, replacing, or rehabilitating the Project upon the Washington Park lands as depicted on the description and sketch of the temporary construction easement attached hereto as Exhibit A and in accordance with the limited interest in the lands that Manatee County Port Authority has acquired for the Project.


The Manatee County Port Authority hereby certifies that it has at least the following minimum interest in the lands depicted on the description and sketch of the temporary construction easement attached hereto as Exhibit A and as identified thereon:


Manatee County Port Authority obtained an irrevocable nonexclusive temporary construction easement and right-of-way in, on, over, and across, the real property of the Manatee County situated, lying and

being in the County of Manatee, State of Florida (hereinafter the Property), identified as PIO NO: 2310600008, 2310800004, 2310200007, and 2519600007 (and more particularly described in the map attached Exhibit A hereto) for a period not to exceed three (3) years beginning with the date of possession of th·'e land, for use bi Manatee County Port Authority and Department of the Army, its representatives, agents, and contractors as a work area including the right to deposit fill, spoil and waste material thereon, move store and remove equipment and supplies and erect temporary structures on the land and to perform any other work necessary and incident to the construction of the Manatee Harbor, Florida Navigation Project, together with the right to trim, cut, fell and remove therefrom all trees, underbrush, obstructions, and other vegetation, structures, or obstacles within the limits of the right-of-way; reserving, however, to the landowners, their heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby acquired; subject, however to existing easements for public roads and highways, public utilities, railroads and pipelines.



Dated: -------


26981/00 l/01 598798.DOCXv2

Manatee County Port Authority


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By: _

(Position authorized to sign)


Page 2 of7

Exhibit A


26981/001/01598798.DOCXv2 Page 3 of7



THIS INSTRUMENT PREPARED BY:

Tim Cristello, Senior Real Property Specialist, Property Acquisiti.on Division

Manatee County Property Management 1112 Manatee Avenue West,

Suite 800 Bradenton, Florida 34205


PROJECT NAME: Manatee Harbor Florida Navigation Project - Washington Park


image

SPACE ABOVE THIS LINE FOR RECORDING DATA


TEMPORARY CONSTRUCTION EASEMENT


THIS TEMPORARY CONSTRUCTION EASEMENT (hereinafter the Easement) made this

_ day of , 2020, between MANATEE COUNTY, a political subdivision of the State of Florida,

as owner of the following described property, whose mailing address is Post Office Box 1000, Bradenton, Florida 34206 (hereinafter the Grantor), and MANATEE COUNTY PORT AUTHORITY, a political entity of the State of Florida, whose mailing address is 300 Tampa Bay Way, Suite 1, Palmetto, Florida 34221 and to the United States of America, Department of the Army, Corp of Engineers (hereinafter collectively the Grantees).


As used herein, the term "Grantor" shall include any and all heirs, legal representatives, successors or assigns of the Granter, and all subsequent owners of the "Property" (as hereinafter defined) and the term "Grantees" shall include any successors or assignees of Grantees.


WITNESSETH that Grantor, for and in consideration of the sum of ONE DOLLAR ($1.00) and other valuable consideration paid, the receipt whereof is hereby ac knowledged, does hereby grant, bargain, sell and transfer an irrevocable nonexclusive temporary construction easement and right-of-way in, on, over, and across, the real property of the Grantor situated, lying and being in the County of Manatee, State of Florida (hereinafter the Property), identified as PIO NO: 2310600008, 2310800004, 2310200007, and 2519600007 (and more particularly described in Exhibit A attached hereto) for a period not to exceed THREE (3) YEARS beginning with the date of possession of the land, for use by Grantees, its representatives, agents, and contractors as a work area including the right to deposit fill, spoil and waste material thereon, move store and remove equipment and supplies and erect temporary structures on the land and to perform any other work necessary and incident to the construction of the Manatee Harbor, Florida Navigat ion Project, together with the right to trim, cut, fell and remove therefrom al l trees, underbrush, obstructions, and other vegetation, structures, or obstacles within the limits of the right-of-way; reserving, however, to the landowners, their heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby acquired; subject, however to existing easements for public roads and highways, public utilities, railroads and pipelines.


IN WITNESS WHEREOF Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chair or Vice Chair of said board, the day

1

I I 1 '

and year aforesaid. '



Grantor

Manatee County, a political subdivision of the State of Florida.


By its Board of County Commissioners


By: _ Chairperson


ATTEST:

Angelina M. Colonneso Clerk of the Circuit Court And Comptroller


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

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Exhibit "A"

Description a d Sketch

/ (NOT A SURVEY)


DESCRIPTION: That portion of PALMETTO GROVE AND GARDEN CO. recorded in Plat Book 1, Page 317, of the Public Records of Manatee County, Florida being in the Southwest ¾ of Section 1,

Township 34 South, Range 17 East, and the Northwest ¾ of Section 12, Township 34 South, Range 17 East, Manatee County, Florido, lying within and bounded by the following calls:


To the North - the southerly maintained right-of-way line of Mendoza Road (also known as 39th Street East) as recorded in Road Plat Book 6 Page 182 of the Public Records of said County; To the East - the easterly boundary line of the Southwest ¾ of said Section 1 and the easterly boundary line of the Northwest ¾ of said Section 12; To the South - the northerly boundary line and the easterly and westerly projection of LINCOLN MANOR as recorded in Plat

Book 7 Page 100 of the Public Records of said County; To the West - the easterly railroad

right-of-way per Right-of-Way and Tract Map of the Tampa Southern R.R . (now CSX) Sheet No. 9 of V19 Fla.


Less all roads and alleys lying westerly of Tract 18 and easterly of Tract 50 of said PALMETTO GROVE AND GARDEN CO.


NOTES:

  1. This Description ond Sketch does not certify or worranty: title, zoning, eosement s, or freedom of encumbrances .

  2. Subject to easements , dedications and restrictions of record not provided to the surveyor and mapper.

  3. Not valid without the original signature and raised seal of a Florida licensed surveyor & mapper . This is not o survey.

  4. The platted Right-Of-Way within the lands describe here on were vacated per Official Records Book 2805 Poge 865 Public Records Monotee County, Florida.

  5. The Description on page 1 is incomplete without t e. ke\ch on Page 2.

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    NOT TO SCALE

    Exhibit "A"

    Descripti< n and Sketch i Mendoza Rood (39th St E.)

    RPB 6, PG 182

    (NOT A SURVEY) Southerly malntolned R/W

    5/

    C:

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    .s''c, VI

    t/ .... 0, 0.,

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    Q::' u ,,,. PALMETTO GROVE AND GARDEN CO. C:

    -' J' PB 1 PG 317 :,

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    PID NF SE Corner of the SW ¾

    -1-345--17-E 2310600008

    12- 34S- 17E


    32 N

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    19 0

    PID NF 51 .....

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    30 50

    0

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    Northerly boundary line and easterly and westerly I 0

    .0

    projection of LINCLON MANOR >,

    PB 7, PG 100 "less roads ] and allays" Ill w0


    RPB = ROAD PLAT BOOK

    ORB = OFFJC L RECOROS BOOK PID PARCEL IDENTIFlCATION

    PCC = POINT OF COMPOUND CURVATURE PID = PARCEL IDENTIFlCATION NUMBER

    See Page I o f 2 for Descr iptio n, PB = PLAT BOOK

    PG = PAGE

    Signature & Seal NF = NOW OR FORMERLY

    PRC = POINT OF REVERSE CURVATURE

    Pr = POINT OF TANGENCY R/ W • RIGHT- OF- WAY

    SF = SQUARE FEET

    ± = MORE OR LESS

    Drawing Path :

    S: \SURVEY\2019

    jobo\20190104- Washlngt on Par k

    De sc ription end Ske tch..

    Sheet : 2 OF 2

    Section• 1 & 12, Township 34- South , Ronge 17 Eost

    Drewing Date : 1/6/2020


    AGREEMENT BETWEEN MANATEE COUNTY AND MANATEE COUNTY PORT

    AUTI:IORITY RELATED TO THE 'WASHINGTON PARK PROJECT

    , I ! I

    THIS AGREE IENT (''Agreement") id entered into this .:day of _,, 20_,\the

    "Effective Date") by and bet'\'\>'een Manatee County, a political subdivision of the State of Florida whose mailing address is Port Office Box 1000, Bradenton, Florida 34206 (hereinafter, the "County"), and the Manatee County Port Authority, a special purpose u.nit of government of the State of F]odda, whose address is 300 Tampa Bay \Vay, Suite One, Palmetto, Florida 34221 (hereinafter, the "Authority'', and collectively with the County, the "Parties").


    RECITALS


    WHEREAS, on March 31, 1995, the Authority entered into a Project Cooperation Agreement \vith the Department of the Army (hereinafter the "USACOE") for the Construction of the ivfanatee Harbor '.\Javigation Project at Port Manatee; and


    WHEREAS, on April 18, 2003, the Authority entered into a Project Cooperation Agreement USACOE for federal participation in the construction of an expanded dredged or excavated material disposal facility for the operation and maintenance of the Manatee Harbor Navigation Project at Port Manatee; and


    WHEREAS, on July 6, 2004, the Authority entered into a Project Cooperation Agreement USACOE, \.Vhich provided for the terms and obligations of the parties regarding the continued construction and operation and maintenance of the entrance channel and confined disposal facility for the Manatee Harbor Navigation Project at Port Manatee (hereinafter the }.,larch 31, 1995, April 18, 2003, and July 6, 2004 Project Cooperation Agreements are collective the "PCAs" and are attached hereto and incorporate herein collectively as at Exhibit A); and


    WHEREAS, in the PCAs, the Authority agreed to undertake specific obligations, including but not limited to providing the USACOE with all lands, easements, and right-of-ways required for the construction of an expanded dredged or excavated material disposal facility for the operation and maintenance of the Manatee Harbor Navigation Project at Port Manatee (hereinafter the "Harbor Project");


    WHEREAS, the Harbor Project consists of general navigations features, including but not limited to the dredged or excavated material disposal facility, generally described as the Confined Disposal Facility for Manatee Harbor (hereinafter the "CDF"); and


    WHEREAS, the CDF contains significant amounts of dredged or excavated material and both the Authority and USACOE desire to remove some of that material to facilitate the conslTuction of the Harbor Project; and


    WHEREAS, the County owns an 88-acre parcel of land in Palmetto known as Washington

    Park, as identified in Exhibit B which is attached hereto and incorporate herein; and


    2698 l/001/015917 91. DOCXv4 Page I of 110

    WHEREAS, the County desires to restore Washington Park in part by placing fill material to re-contour the property and subsequently building a 32.7 acre upland mound with associated infrastructure for future passive recreational development in accordance with SWHVMD Permit

    773077/43043638.001 and USACOE Permit SAJ-2019-00578(NW-OvHi\/); and

    I / I


    WHEREAS, as part of the Harbor Project, the USACOE agreed to remove dredge spoil from the CDF and place it at \1Vash ington Park, in accordance with the Washington Park Preserve Phase II Construction Sequencing Plan attached hereto and incorporate herein as Exhibit C (hereinafter the "\Nashington Park Project"); and


    WHEREAS, in an effort to provide the USACOE vvith access to Washington Park for the delivery and placement of the dredge material, the County provided the USACOE a Certification of Lands but USACOE rejected the certification; and


    l-VHEREAS, USACOE considers the Washington Park Project to be prut of the Harbor Project and therefore requires the Authority to obtain a temporary easement from the County for the Authority and USACOE access to vVashington Park and the Authority to provide the related Certification of Lands; and


    WHEREAS, to comply with the requirements of the USACOE and move fonvard with the Washington Park Project, and to set forth their respective responsibilities and risks \•1ith respect to the Harbor Project and the Washington Park Project, the County and Authority have agreed to enter into an agreement, as provided for below; and


    NOW, THEREFORE, the Parties, in consideration of their mutual promises and obligations set forth herein, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound, do hereby agree as foll,m vs:


    1.

    by reference.

    Recitals. The foregoing recitals are true and correct and are hereby incorporated


    2. Temporary Construction Easement. In accordance v..-ith the request of the USACOE, the County, as the fee simple owner of \•Vashi:ngton Park, agrees to provide the Authority with a Temporary Construction Easement for 36 months, tmless othenvise extended by the County, that is in substantially similar fonn .imageto Exhibit D (hereinafter "Easement"). The purpose of the Easement is to allow for the dredge disposal to be transported from the CDF and delivered to and placed at 'Vash.ington Park as a component of the Harbor Project, and in accordance with the plans and permits for the Washington Park Project. This Easement must provide both the Authority and USACOE the irrevocable right to enter the property for purposes of access, staging and placement of dredge material by the USACOE and allow for all other consh·uction purposes reasonably related to the consh·uction to be undertaken by the CSACOE. While the Authority does not intend to access, stage or place dredge material from the CDF to Washington Park, it is obligated under the PCAs to obtain the access for and certify the lands to the USACOE. The USACOE will not accept the grant of direct accesses and land certification


    2698li00li01591791.DOCXv4 Page 2 of 110

    from the Co un ty. The County ,·vill provide this Easement within three business days from the Effective Date of this Agreement.


    . Project Cooperation Agreements. Bo 1 U1e County and the "7--uthority recognize

    I

    that the Authority's obligatio t\s under the Washington Park Project are liinited to being the

    property o,vne r of the CDF. Under the \'\'ashington Park Project, the County is the responsible party for the receipt of the dredge material offloaded from the CDF and as the owner of Washington Park. Therefore, to the extent that there are any obligations that arise under the PCAs related to the deposit of dredge material on the Cotmty's property for the Washington Park Project and those obligations .ire not directly re la ted to the property O\.vnership of the CD F,. but are related to the receipt of the dredge material offloaded from the CDF or mvnership of Washington Park, the County agrees to assume those obligations. For example, to the extent there are obligations of maintenance, record keeping, or indemnification of the USACOE related to the

    \rVashington Park Project, the Authority would be limited to those obligations related to the CDF and the County would assume those obliga tions related to offloading of dredge material and construction of Washington Park The County is not responsible .for any obligations arising under the PCAs for any project or part thereof, including without limitation the Harbor Project, except the Washington Park Project and then only to the extent described above.


    1. Inde mnification . In recognition of the obligations set forth above, each of the parties agrees to indemnify and hold harmless the other party, its officers, employees and agents from all liabilities, claims, and damages arising from the indemnifying party's project as follows:

      1. in the case of the Authority, the design, permitting, , and the construction, operation and maintenance of the Harbor Project (with the exception of the Washington Park Project), and (b) in the case of the Coun ty, the access, staging and placement of dredge material from the CDF at Washington Park, and the construction, operation and maintenance of the Washington Park Project; except £01' damage due to the negligence of the indemnified party . This indemnification obligation shall not be construed to affect the rights, privileges and immunities of either party as set forth in Section 768.28, Fla. Stat. This indemnification provisions survives termination of this Agreement.


  1. Termination. This Agreement shall terminate vvhen the parties have no remaini ng obligations or respons ibilit ies to the USACOE under tbe PCAs for the Washington Park Project.


  2. Mutual Draf tin g. The Parties agree that each party had played an equal and reciprocal part in drafting this Agreemen t, and therefore no provisio ns of this Agreement shall be construed against either party because such party is deemed to have drafted or slrn ctur ed such provisions.


  3. Governing Law. Th is Agreement shall be governed and construed according to the la\VS of the State of Flo rida. The language of the Agreement shall be consh·ued as a \Vhole, according to its plain meaning, and shall not be sh·ictly consh·ued against any party regardless of authorsh ip. In the event that any party to this Agreement institutes legal proceedings in a dispute arising from this Agr ee ment, it is stipulated and agreed that such clain'l shall be heard by a judge

    and not a jury in Manatee Co u.nty, Florida. The Parties agree that venue shall lie solely in the courts in Mruiatee County, Florida for any state court action, and solely in the U.S. District Court, Middle District of Florida, Tampa Division, for any federal action, and further agrees that it will not c allenge or object to v rue.


  4. S ev erab ili ty . If a court of competent jurisdiction declares illegal, invalid, or unenforceable any provision or provisions or part thereof of this Agreement, which prnvision or provisions cannot be made legal, valid, or enforceable, such provision shall immediately become null and void, leaving the remainder of this Agreement in full force and effect.


  5. Headings; Singulars and Plurals. Section headings in this Agreement are for convenience only and have no legal e£fect. As used in this document, the singular includes the plural and the plural includes the singular.


  6. Authority. The Parties represent and warrant that each is authorized to enter into this Agreement without the consent and joinder of any other party and that the individuals executing this Agreement have full povver and authority to bind their respective party to the terms hereof.


  7. Entire Agreement; Modification. This Agreement constitutes the entire agreement between the Parties regarding its subject matter . TI1is Agreement may be modified only by a writing signed by the Parties' duly authorized representatives.


  8. Counterparts. This Agreement may be executed in counterparts, each of ,-vhich

shall be deemed an original and which together shall be deemed one document.


REM.AJNDER OF PAGE INTENTIONALLY LEFT BLANK

IN WITNESS WHEREOF, the Parties have executed this Agreement, on the date set forth

ab ove.


, I I

Manatee County, a political subdivision of the

1 State of Florida. .: /


By its Board of County Commissioners


By:

Betsy Benac, Chairperson


ATfEST:

.t\ngelina M. Colonneso Clerk of the Circuit Court And Comptroller


By:



Manatee County Port Authority


By: _

Priscella Whisenant Trace, 01airperson


ATTEST:

Angelina M. Colo1meso Clerk of the Circuit Court And Comptroller


By:

May 19, 2020


CONSENT

AGENDA ITEM 1.P.: CONTRACT AWARDS FOR VARIOUS FACILITIES

AND EQUIPMENT IMPROVEMENTS


BACKGROUND:


On February 20, 2020, the Authority approved a Public Transportation Grant Agreement with the Florida Department of Transportation (FDOT) for facilities and equipment improvements in the amount of $2,827,166 which is funded 50% each by FDOT and the Port. On April 3, 2020, an invitation to bid was published for roof repairs on warehouses 2, 3, 4 and the Intermodal Center, and for the procurement of dock levelers. On April 15 and 17, 2020, an invitation to bid was published for berth 12 trench drain and fenders replacement, respectively. Bid openings were held and the lowest, responsive bidders are as follows:


Project

Vendor

Amount

Berth 12 Trench Drain

Pepper Contracting

$ 282,750.00

Berth 12 Trench Drain Materials

Hayes Pipe Supply

180,342.30

Dock Levelers

American Roll Up Door Co.

250,277.00

Fender Replacement Construction

Kelly Brothers

144,130.93

Fender Materials

ShibataFender Team

501,500.00

Warehouse 2 Roof

Sun Coast Roofing

279,845.00

Warehouse 3 Roof

US Coating Specialists

180,522.60

Warehouse 4 Roof

US Coating Specialists

167,834.16

Intermodal Center Roof

US Coating Specialists

81,329.92

$ 2,068,531.91


ATTACHMENT:


Bid tabulations for each project.

Completed signed contract will be provided to the Chair for signature at a later date upon receipt of bond and insurance certificates. Contract documents are extensive and will be available for review at the Port Authority offices.


COST AND FUNDING SOURCE:


Previously budgeted $1,034,265.96 FDOT and $1,034,265.96 Port.


CONSEQUENCES IF DEFERRED:


Delay in commencement of projects

Cont.

CONSENT

AGENDA ITEM 1.P.:

LEGAL COUNSEL REVIEW: Pending RECOMMENDATION:


Move to approve and authorize the Chairman to execute the contracts between the Manatee County Port Authority and the following vendors, subject to receipt of all contract documents which will be provided later, and FDOT approval.



Project

Vendor

Amount

Berth 12 Trench Drain

Pepper Contracting

$ 282,750.00

Berth 12 Trench Drain Materials

Hayes Pipe Supply

180,342.30

Dock Levelers

American Roll Up Door Co.

250,277.00

Fender Replacement Construction

Kelly Brothers

144,130.93

Fender Materials

ShibataFender Team

501,500.00

Warehouse 2 Roof

Sun Coast Roofing

279,845.00

Warehouse 3 Roof

US Coating Specialists

180,522.60

Warehouse 4 Roof

US Coating Specialists

167,834.16

Intermodal Center Roof

US Coating Specialists

81,329.92

$ 2,068,531.91


Tabulation Sheet (2)


Berth 12 Trench Drain - Construction


Removal and Installation of a 870 Linear feet Trench Drain


Tabluation with Addit ive Options



Compan y Name


Contact Person


Phon e


Email


For Oto 50 Linear Feet of work , cost per linear foot


For 51 to 200 Linear Feet of work, cost per linear foot


For 201 to

300 Linear Feet of work, cost per linear foot


For 301 to

500 Linear Feet of work, cost per linear foot


For 501 to

870 Linear Feet of work, cost per linear foot

Time after materials delivry for completion

of every 50

feet of the Work (calendar days)

Pepper Contracting Services Inc

Brett Kermode

(813) 868-7719

brett f'@ oeooercontract i niz. com

$750.00

$500.00

$425.00

$375.00

$325.00

5

0



Price x 870

$282,75 0.00


0










0































1 of 1 Berth 12 Trench Drain - Construction 5/13/ 2020


Tabulation Sheet

Berth 12 Trench Drain - Materials


Furnish and deliver up to 875 LF Continuous U.S. Foundry (USF)9160 frame with studs and USF 6257 grate .


Tabluation with Additive Options



Company Name


Contact Person


Phone


Email


For Material delivered FOB

destnation, cost per linear foot


Cost per

Linear foot X



Grand Total


Time for Permits/ Completion of work Including 2nd lift (Calendar Days)

Hayes Pipe Supply, Inc.

Justin Scott

(813) 241--4040

iscottr@h avesoi□ e.com

$207.29

870


$180,342.30


0







$0.00


0







$0.00


0







$0.00





















1 of 1 Berth 12 Trench Drain - Materials 5/13/2020


Tabilation

Dock Levelers Procurement


Remove and replace all dock levelers at Warehouse 2, Warehouse 4, Warehouse 7 and Warehouse 8


Tabluation with Additive Options



Company Name


Contact Person


Phone


Email


For all Work1 A Lump Sum of




Grand Total


Time from NTP to completion of th e work (calendar Days)

American Roll Up Door Co.

Andrew Teneyck

(813) 599-3710

andrew.tene ck f@amerlcanrolluedoor.com

$250,277.00



$250,277.00

60

0







$0.00


0







$0.00


0







$0.00





















1 of 1 Dock Levelers Procurement 5/13/2020


Tabulation Sheet (2)


Fender Replacement

Remove and repla ce 17 existing fenders


Tabluation with Additive Options



Company Name


Contact Person


Phone


Email


For all Work except installatio n of new fenders a lump sum of


for installation of each new fender of the work a unit price of x17




Time after NTPfrom delivery of new fenders to completion oft he work

Kelly Brothers, Inc

Dane Kelly

(239) 482-7300

estimati n ° l@kellvbros.n et

$83,412.71

$60,718.22


$144,130.93

60 Total

Orion Marine Construction Inc

A. Amannino

(813) 839-8441

aman ninot@orio nm arineProun.com

$137,063 .00

$88,383.00


$225,446.00

2

Midcoast Marine Group LLC

Jack Fulford

(727) 800-5512

ifulford (ci)mid coast llc .com

$230,000.00

$204,000.00


$434,000.00

3

Tampa Bay Marine Inc

Juan Carlos

(813) 672-1222

T.B.M .ra>t amnabavmarineinc .com

$55,000.00

$141,000.00


$196,000.00

5

Flores Construction Co

David Flores

(813) 323-7895

david (cl)FloresConstruction .net

$24,500.00

$157,420.00


$181,920.00

5

Razorback LLC

Anthony Houllis

(727) 938-9500

razorbacklicra>amail.com

$32,000.00

$136,000.00


$168,000.00

3

Southern Road & Bridge, LLC




$200,000.00



$200,000.00









$0.00



1 of 1 Fender Replacement 5/12/2020


Tabulation Sheet

Fender Replacement - Materials Furnish and Deliver up to 17 Dock Fenders


Tabluation with Additive Options



Compa ny Nam e


Contact Person


Phone


Email


For all work except installat ion of new fenders a lump sum of


For installatio n of each new fender of the

work '17

units



rime atter

NTP form delivery ofnew fenders to completion of the Work (calend ar days ) per

fender

Orion Marine Construction Inc







$0.00


Trelleborg Marine Systems North Arr

Dominique Polte

(571) 281-3770

d.oolte{ci)sft .erouo


$542,521.00


$542,521.00


Shibata Fender Team Inc

Slade Scherer

{337) 321-0424

slade .scherer {ci)tr elleborn.com


$501,500.00


$501,500.00



















1 ofl Fender Replacement - Materials 5/13/2020



Tabulation Sheet (2)


Roof Repair 2020 - Warehouse 2

Remove and Install approximately 67,200 SF , 10 year warranty


Tabluation with Additive Options



Company Name


Contact Person


Phone


Email


For all Work, a lum p sum of




Gran d Total

Time from NTP to completion of the work (Calendar Days)

  • From first mobilizastion

    • w eather

dependent

Advanced Roofing, Inc.

Justice Porter

(954) 522-6868

Ju stice P@.e_cj_va needroofing .com

$547,817.00



$547,817.00

120•

Quality Roofing , Inc









Sun Coast Roofing and Solar

Rick Tauscher

(386) 566-8837

Ri ckra>Sun coast Roofin 2.net

$279,845.00



$279,845.00

150


Trusted Construction Inc


Urszula Debi ec

(561) 582-5758


trustedconstru ction@gmail .com

$377,875.00



$377,875.00

•30-60

US Coating Specialists

Anthony Flett

(800) 779-0821

anthon @uscoa t ingsoe c.com

$425,937.60



$425,937.60

16











1 of 1 Roof Repair 2020 - Warehouse 2 5/13/2020



Tabulation Sheet


Roof Repair 2020 - Warehouse 3


Remove and install approximately 17,486 SF, 20 year warranty


Tabluation with Additive Options



Compan y Name


Contact Person


Phone


Email





20 yr warranty Period


Time from NTPto completi on of th e work (Calendar Days)·seo note

Advanced Roofin Inc

Justin Porter

(954) 522-6868

JustinP@ad vancedr oofing.com




$229,957.00

30*

Southern Roofing Co,lnc.

George Peterson

(813) 251-5252

bidslivsouthro of.com




$277,038.00

90

Quality Roofing, Inc.









Sun Coast Roofing and Solar

Rick Tauscher

(386) 566-8837

Ric klivSunCoastR oofine.net




$205,632.00

120

US COATING SPECIALISTS,LLC

Anthony Flett

(800) 779-0821

anthonv (a)u scoatinesoec .com




$180,522.60

15











1 of 1 Roof Repair 2020 - Warehouse 3 5/12/2020


Tabulation Sheet (2)


Roof Repair 2020 - Warehouse 4


Remove and Install approximately 17,486 SF, 20 year warranty


Tabluation with Additive Options



Company Name


Contact Person


Phone


Email


20 yr warran, t Period





Time from NTPto completion of the work (Calendar Days)'sec

note

Advanced Roofin Inc

Justice Porter

{954) 522 -6868

Ju sti ceP@adva ncedroofin g.com

$178,569 .00




25

Sun Coast Roofing and Sola r

Ric k Tauscher

(386) 566-8837

Ric kl@S u nCo ast Roofi n e.net

$325,546.00




150

Quality Roofing , Inc .




$250,000.00





US COATING SPECIALISTS,LLC

Anthony Flett

{800) 779-0821

ant hony@u scoa ti nesoec .com

167,834.16




10




















1 of 1 Roof Repair 2020 - Warehouse 4 5/12/2020


Tabu lati on Sheet (2)


Roof Repair 2020 - lntermodal Center


Remove and install approximately S45,000 SF, 20 year warranty


image

Fvr all wurIk ri,no fr om

Comf;.iny NJ111t•

I

Conk•Cl Pcr">ull

I

Phom

I

Em;id

I

I

I

with 20 yr tHP le,

I d '/

warrant•

cnmplcturn

Tabu la tion with Add i tive Opt ions









Pl'flO 1ump

SUP1

t)f W(\rh

Advanced Roofing, Inc.

Robert Kornilhrens

(95, 1) 522 -6868

!w,1k >".•r 1;1d ·.}ll(l'_!l· o,1r ,n, ,-0,,




s12s,635.oo I

15

Southern Roo fing Co., Inc

George Pcter!:.on

(83) 251 -5252

i>i,d .(:i;ou hronf. cpm




$95,063.00 I

60

Sun Coast Ro ofing and Solar

Rick Rausc.ker

(386 ) 566 -8837

n:ci.,..:.:S•.:·1t", 1;v.tH1,of1n1• .f1r-j




s104,742.oo I

120


Quality Roofing, Inc









US Coa ting Sp ecialists

Anthony Flett

(800 ) 779 -0821

1q1 h\,ny,;..)u· .r0Jl1n:·:.._•.p••t rn:n




$81,329 .92 I

8

0










l oi 1 Roof Repair 2020 - lntermodal Center 5/13 /2020