A meeting of the Manatee County Port Authority will be held during a meeting of the Board of County Commissioners of Manatee County Tuesday, June 12, 2018, at 1:30 p.m. or as soon as is practicable, in Commission Chambers on the first floor of the County Administration Building, 1112 Manatee Avenue West, Bradenton, Florida.


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MANATEE COUNTY PORT AUTHORITY AGENDA June 12, 2018 – 1:30 p.m.


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


CALL TO ORDER

Public Comments


  1. CONSENT AGENDA


    1. Warrant List


    2. Minutes May 17, 2018


    3. Budget Resolution


    4. First Amendment to Executive Director’s Employment Agreement


    5. Delegation of Authority to Executive Director


    6. B&N Welding & Fabrication Inc. Sublease to Kerney Marine and Industrial Service Inc.

    7. Del Monte Specific/Limited Release Regarding Hurricane Irma Damages 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.

Vanessa Baugh, Chairman

Stephen R. Jonsson, 1st Vice-Chairman; Betsy Benac, 2nd Vice-Chairman; Robin DiSabatino 3rd Vice-Chairman; Charles B. Smith, Member; Priscilla Whisenant-Trace, Member; Carol Whitmore, Member

MANATEE COUNTY PORT AUTHORITY REGULAR MEETING

PORT MANATEE INTERMODAL CENTER, THIRD FLOOR

1905 Intermodal Circle Palmetto, Florida

May 17, 2018


Present were:

Vanessa Baugh, Chairman

Stephen R. Jonsson, First Vice-Chairman Betsy Benac, Second Vice-Chairman Robin DiSabatino, Third Vice-Chairman Charles B. Smith

Carol Whitmore

Priscilla Whisenant Trace


Also present were:

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

Dan Wolfson, Finance Director, Clerk of the Circuit Court Quantana Acevedo, Deputy Clerk, Clerk of the Circuit Court


Chairman Baugh called the meeting to order at 10:45 a.m.


INVOCATION AND PLEDGE OF ALLEGIANCE

The Invocation was delivered by Tim Huppert, Anchor House Chaplin, followed by the Pledge of Allegiance.


AGENDA PA20180517DOC001


INTRODUCTIONS

Members of the Audience introduced themselves.


PUBLIC COMMENT

Tim Huppert, Anchor House Chaplin, provided an update on the 2018 Giving Challenge that took place on May 1-2, 2018, and reported the Anchor House raised approximately $13,000.


There being no additional public comment, Chairman Baugh closed public comment.


  1. PRESENTATION/YOUR DEKALB FARMERS MARKET

    Carlos Buqueras, Executive Director, introduced Robert Blazer, owner of Your DeKalb Farmers Market.


    There was discussion about how the partnership began with Port Manatee, fresh food is a complex business and Mr. Blazer decided to write a book about it, food safety, and produce is imported from Mexico. PA20180517DOC002


  2. PRESENTATION/FEDERAL MARINE TERMINALS

    Mr. Buqueras introduced Matt McPhail, Vice–President of Sales and Marketing for Federal Marine Terminals (FMT).


    Mr. McPhail elucidated FEDNAV is the parent company of FMT. He used a slide presentation to discuss FEDNAV, global operations, environmental policy, fleet, fleet distinctive elements,

    PA MB 2018/1

    MAY 17, 2018 (Continued)


    FMT introduction, corporate philosophy, core values, FMT overview, Great Lakes terminals and operations, FMT at Port Manatee, recent investments at Port Manatee, information systems (cargo management system), logistics services for FEDNAV direct, and a FMT corporate video was shown.


    Discussion proceeded about ships are manufactured in Japan, FMT has specialized ships, and bomb carts (safety measure where containers are placed on a chassis). PA20180517DOC003


  3. CONSENT AGENDA PA20180517DOC004

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


    1. WARRANT LIST

      Accepted the Warrant Listing from March 8, 2018 through May 9, 2018 PA20180517DOC005

    2. MINUTES

      Approved minutes of March 15, 2018

    3. BUDGET RESOLUTION

      Adopted Budget Resolution PA-18-07 PA20180517DOC006

    4. PORT MANATEE TARIFF NO. 3

      Approved the revision to Item 485 of the Port Manatee Tariff No. 3 Articles, General (not otherwise shown herein) to include calculation of wharfage charged based on weight or measurement PA20180517DOC007

    5. SOUTH DOCK STREET/EASEMENT/ASSIGNMENT AND DESIGNATION OF RIGHTS Approved and authorized the Chairman to execute the Amended and Restated Grant of Easement and the Assignment and Designation of Rights with Port Manatee Land LLC (Board of County Commissioners approved the easement on 3/20/18) PA20180517DOC008

      (End of Consent Agenda)


  4. NORTH GATE EXPANSION PROJECT/PROFESSIONAL SERVICES AUTHORIZATION

    Mr. Buqueras explained the North Gate will be expanded with more lanes and extra capacity to accommodate the increased number of trucks.


    A motion was made by Member Whitmore, seconded by Member Trace, and carried 7-0, to approve and authorize execution of: (1) Professional Services Authorization 18-03 to Universal Engineering Sciences, Inc., $7,600; and (2) Professional Services Authorization 18- 04 to Stantec Consulting Services Inc., $204,100, for services on the North Gate Expansion project, pending the Environmental Planning and Historical Preservation review.

    PA20180517DOC009

  5. BERTH REHABILITATION/PROFESSIONAL SERVICES AUTHORIZATION

Mr. Buqueras reported this authorization will allow for the inspection of the berths to look for any issues.


Authority Member Benac inquired if the authorization includes plans for any issues that are discovered.


Mr. Buqueras confirmed staff will come back before the Authority if any issues are found after the inspection.


George Isiminger, Senior Director of Engineering, Planning and Environmental Affairs, reported solution plans have been incorporated into the fees. A purchase order will be issued for the inspection and anything else will be subject to negotiation.

PA MB 2018/2

MAY 17, 2018 (Continued)


A motion was made by Member Whitmore, seconded by Member Trace, and carried 7–0, to approve and authorize execution of Professional Services Authorization 18-05 to RS&H, Inc.,

$303,643, for inspections and plans of certain berths, subject to the review and approval of the Florida Department of Transportation. PA20180517DOC010


EXECUTIVE DIRECTOR COMMENTS

Mr. Buqueras highlighted the following:

ADJOURN

There being no further business, Chairman Baugh adjourned the meeting at 11:38 a.m. Minutes Approved:


PA MB 2018/3

June 12, 2018


CONSENT

AGENDA ITEM 1.C.: BUDGET RESOLUTION BACKGROUND:

This resolution budgets $104,096 for reimbursement to Del Monte Fresh Produce N.A. Inc. (Del Monte) for the expenses Del Monte incurred to repair the Port’s warehouse 6 damaged during Hurricane Irma.


ATTACHMENT:


Budget Resolution PA-18-10.


COST AND FUNDING SOURCE:


Budgets $104,096 of port cash


CONSEQUENCES IF DEFERRED:


Delay in budget allocations


LEGAL COUNSEL REVIEW: N/A


RECOMMENDATION:


Move to adopt Budget Resolution PA-18-10.

RESOLUTION PA-18-10 AMENDING THE ANNUAL BUDGET

FOR MANATEE COUNTY PORT AUTHORITY FOR FISCAL YEAR 2017-2018


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 2017-2018 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

BADS6909A

BU18000324


ADOPTED with a quorum present and voting this the 12th day of June, 2018.


ATTEST: ANGELINA M. COLONNESO MANATEE COUNTY PORT AUTHORITY

CLERK OF CIRCUIT COURT


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By:

BUDGET ADMENDMENT RESOLUTION NO. PA-18-10 AGENDA DATE: June 12, 2018


1) Fund: Port


Section: Administration


Description: Budgets $104,096 for reimbursement to Del Monte for expenses incurred to repair the Port’s warehouse 6 after Hurricane Irma.


Batch ID: BADS6909A Reference: BU18000324

June 12, 2018


CONSENT

AGENDA ITEM 1.D.: FIRST AMENDMENT TO EXECUTIVE

DIRECTOR’S EMPLOYMENT AGREEMENT


BACKGROUND:


On February 15, 2018, the Authority entered into an Employment Agreement with Mr. Carlos Buqueras that became effective May 1, 2018. In that Employment Agreement, the Parties agreed that the Authority would fund a deferred compensation program for the “maximum annual contribution allowed under Section 457 of the Internal Revenue Code.” At the time of negotiating and entering into the Agreement, the Parties understood that the “maximum annual contribution allowed under Section 457 of the Internal Revenue Code” excluded any optional catch-up contributions for the Executive Director. In order to clarify the Parties’ intent and understanding in the Agreement, Section III. F. of the Employment Agreement should be amended accordingly. There is no cost impact to the Port Authority in making this clarification as the Agreement had been interpreted in this manner to date.


ATTACHMENT:


First Amendment to Employment Agreement


COST AND FUNDING SOURCE: N/A


CONSEQUENCES IF DEFERRED:


Delay in amending the Employment Agreement of Mr. Carlos Buqueras.

LEGAL COUNSEL REVIEW: Yes RECOMMENDATION:


Move to approve and authorize the Vice Chairman to execute First Amendment to Employment Agreement between the Manatee County Port Authority and Mr. Carlos Buqueras.


00985707-1

FIRST AMENDMENT TO EMPLOYMENT AGREEMENT


THIS FIRST AMENDMENT TO THE EMPLOYMENT AGREEMENT (hereinafter

“First Amendment”) is entered into by and between the MANATEE COUNTY PORT AUTHORITY, a political entity of the State of Florida, as the Employer, with a principal place of business located at Port Manatee, 300 Tampa Bay Way, Suite 1, Palmetto, Florida 34221, hereinafter referred to as the “AUTHORITY,” and CARLOS BUQUERAS, hereainafter referred to as the “DIRECTOR.”

WHEREAS, the AUTHORITY entered into an Employment Agreement on February 15, 2018, which became effective on May 1, 2018, with Carlos Buqueras that memorialized the DIRECTOR’S duties and responsibilities and: 1) provided certain benefits to establish certain conditions of employment for and set working conditions of the DIRECTOR, 2) provided inducements that secured and retained the services of the DIRECTOR, 3) assured the DIRECTOR’S morale and peace of mind with respect to future security, and 4) provided a just means for terminating the DIRECTOR’S services; and

WHEREAS, the Parties have determined it is in both parties’ best interest to amend, modify, clarify and supersede certain provisions of the Employment Agreement with alternative terms as provided in this First Amendment; and

WHEREAS, pursuant to Section VI, paragraph A of the Employment Agreement, any amendments to the terms of the Employment Agreement must be in writing and signed by the Parties.

NOW THEREFORE, in consideration of the promises and mutual covenants contained in the First Amendment, the Employment Agreement is hereby amended, modified, clarified, and superseded as follows:

  1. Recitals: The above recitals are true and correct and incorporated by reference.


  2. Modification: The Parties agree to modify the terms set forth in Section III, F. of the Employment Agreement as set forth below:



    00834714-4

    SECTION III – BENEFITS


    A. Deferred Compensation: As of the effective date of this Agreement and as an additional benefit and incentive to retain the services of the DIRECTOR, the AUTHORITY shall fund in a deferred compensation program or programs designated by the DIRECTOR the maximum annual contribution allowed under Section 457 of the Internal Revenue Code (“Code”), but shall not to include any catch-up contributions allowed under the Code. This sum is payable annually in 26 pro rata installments.


  3. Savings Provision: Except for the modifications provided above, all other terms and conditions of the Employment Agreement will remain in full force and effect unless subsequently amended in writing. Except to the extent amended and supplemented by this First Amendment, the Employment Agreement remains in full force and effect.


  4. Conflict: In the event of a conflict regarding the provisions set forth in Section III(f) of the Employment Agreement, and the provisions contained in Section 2 of this First Amendment, the provisions set forth in this First Amendment will prevail. In the event of a conflict between any other paragraphs within the Employment Agreement and this First Amendment, the Employment Agreement will prevail.


    THE REMAINDER OF THIS PAGE IS LEFT BLANK INTENTIONALLY.


    00834714-4 2

    IN WITNESS WHEREOF, the Manatee County Port Authority caused this First Amendment to the Employment Agreement to be signed and executed on its behalf by its Vice Chairman, and fully attested by its Clerk, and CARLOS BUQUERAS has executed this First Amendment to the Employment Agreement, in duplicate on the day of

    , 2018.


    MANATEE COUNTY PORT AUTHORITY COMMISSIONERS


    ATTEST:


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    By:

    Angelina M. Colonneso STEPHEN R. JONSSON

    Clerk of the Circuit Court FIRST VICE-CHAIRMAN


    DIRECTOR


    By: CARLOS BUQUERAS


    STATE OF FLORIDA, COUNTY OF MANATEE:


    The foregoing instrument was acknowledged before me, a Florida Notary Public, this

    day of , 2018, by CARLOS BUQUERAS, who is personally known to me or who has produced as identification and who did take an oath at the time of notarization.


    Seal:


    Signature: Printed: My commission expires: Commission number:


    00834714-4 3

    June 12, 2018


    CONSENT

    AGENDA ITEM 1.E.: 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 18-08


    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 18-08.


    00995209-1

    RESOLUTION NO. PA 18-08


    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 during periods of thirty (30) calendar days or more when there is no Board meeting scheduled 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

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        00995209-1

      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


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        00995209-1

      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 during periods of thirty

(30) calendar days or more where there is no Authority meeting scheduled.


I. 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 12th day of June, 2018.


ATTEST: ANGELINA M. COLONNESO MANATEE COUNTY PORT AUTHORITY

CLERK OF CIRCUIT COURT


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By:


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00995209-1

June 12, 2018


CONSENT

AGENDA ITEM 1.F.: B & N WELDING & FABRICATION, INC., SUBLEASE TO KERNEY MARINE AND INDUSTRIAL SERVICE, INC.


BACKGROUND:


On September 17, 2015, the Authority approved B & N Welding & Fabrication, Inc.’s (B & N) sublease to Raymond Steely for the purpose of general pump assembly and machine work. That sublease has been terminated and B & N requests the Authority approve the sublease between B & N and Kerney Marine and Industrial Service, Inc which provides ship repair and fabrication services.


ATTACHMENT:


Resolution PA-18-09


COST AND FUNDING SOURCE:


N/A


CONSEQUENCES IF DEFERRED:


Delay in approving the sublease between B&N and Kerney Marine and Industrial Service, Inc.


LEGAL COUNSEL REVIEW: Yes


RECOMMENDATION:


Move to approve and authorize the Chairman to execute Resolution PA-18-09 authorizing the sublease of land at Port Manatee by B&N Welding & Fabrication, Inc. to Kerney Marine and Industrial Service, Inc.


00995475-1

RESOLUTION PA-18-09


MANATEE COUNTY PORT AUTHORITY APPROVAL FOR THE SUBLEASING OF LAND AT PORT MANATEE BY B & N WELDING & FABRICATION, INC. TO KERNEY MARINE AND INDUSTRIAL SERVICE, INC.


WHEREAS, on June 2, 1988, the predecessor in interest of B & N Welding & Fabrication, Inc., ("B & N") entered into a lease and subsequent amendments and modifications thereto with the Manatee County Port Authority ("Authority") for the lease of certain real property at Port Manatee, (collectively, the "Lease"); and


WHEREAS, paragraph 15 of the Lease provides that the Lease may be sublet with the Authority's consent but, B & N shall remain liable to the Authority for the terms and conditions of the Lease; and


WHEREAS, on September 17, 2015, the Authority approved B & N to sublet the leased premises to Raymond Steely; and


WHEREAS, on August 31, 2017, B & N terminated its Sublease Agreement with Raymond Steeley dated August 22, 2014, as amended on August 21, 2015; and


WHEREAS, B & N now desires to sublet the leased premises to Kerney Marine and Industrial Service, Inc.; and


WHEREAS, the provisions of the sublease do not adversely affect the interests of the Authority and may enhance or promote the flow of waterborne commerce through Port Manatee.


NOW THEREFORE BE IT RESOLVED by the Authority that permission is hereby granted for B & N to sublet land pursuant to its Lease with the Authority to Kerney Marine and Industrial Service, Inc., to the extent set forth in the attached Sublease Agreement entered into by and between B & N and Kerney Marine and Industrial Service, Inc. August 29, 2017, copies of which are attached hereto and made a part hereof.


PASSED AND ADOPTED in regular session on this day of , 2018.


(SEAL) MANATEE COUNTY PORT AUTHORITY


ATTEST: By:

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Name: Title:


By: Name: Title: Clerk of Circuit Court


00995475-1

June 12, 2018


CONSENT

AGENDA ITEM 1.G: DEL MONTE SPECIFIC/LIMITED RELEASE

REGARDING HURRICANE IRMA DAMAGES


BACKGROUND:


On September 10, 2017, Port Manatee’s warehouse 6 was damaged by Hurricane Irma. Damages included extensive roof and door damage. Warehouse 6 is used exclusively by Del Monte for the storage of perishable cargo. Due to the urgent need to repair the roof and doors in order to prevent further damage, Del Monte completed the repairs and is seeking reimbursement for the amount expensed of $104,096. If the payment to Del Monte is authorized by the Authority, Port staff intends to submit the repairs to FEMA as it has for any Hurricane Irma repair it made. Del Monte has made other claims of damages unrelated to warehouse 6 roof and door repairs, which insurance counsel is reviewing. Del Monte has signed a Specific/Limited Release, releasing the Authority from any claims related to the roof and door damages upon reimbursement.


ATTACHMENT:


Specific/Limited Release


COST AND FUNDING SOURCE:


$104,096 of Port cash


CONSEQUENCES IF DEFERRED:


Delay in reimbursement of expenses incurred by Del Monte for repair of the Port’s warehouse 6


LEGAL COUNSEL REVIEW: Yes


RECOMMENDATION:


Move to approve the payment to Del Monte Fresh Produce N.A., in the amount of $104,096 for repair of the roof and door damage to warehouse 6 caused by Hurricane Irma, in exchange for the Specific/Limited Release.


00996033-1