A meeting of the Manatee County Port Authority will be held during a meeting of the Board of County Commissioners of Manatee County Tuesday, August 25, 2020, at 9:00 am, or as soon as is practicable, in the Longboat Key Room of the Bradenton Area Convention Center, One Haben Boulevard, Palmetto, FL

MANATEE COUNTY PORT AUTHORITY AGENDA

August 25, 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

Consent Agenda
Personnel Policy Revision
Port Security Access Control Upgrades
Resolution for the Fiscal Year 2020-2021 Manatee County Port Authority Budget

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

August 25, 2020

CONSENT AGENDA

Warrant List
Minutes July 28, 2020
Budget Resolution
Public Transportation Grant Agreement -Warehouse Modernization Initiative
Port Insurance Renewals 2020-2021
Asset Deletion

Port Manatee Tariff No. 3 Items 281 and 441

RECOMMENDATION:

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

AP	XXXXXXX	V019302	ABBOTT, PAUL SCOTT	262.50
AP	XXXXXXX	V018533	ALL STEEL BUILDINGS	74,679.52
AP	XXXXXXX	V023321	AMERICAN EXPRESS TRAVEL RELATE	62.37
AP	XXXXXXX	V002036	ANCHOR HOUSE	2,500.00
AP	XXXXXXX	V025322	ANGELOS RECYCLED MATERIALS	39,204.04
AP	XXXXXXX	V113719	APEX OFFICE PRODUCTS INC	129.22
AP	XXXXXXX	V113719	APEX OFFICE PRODUCTS INC	254.71
AP	XXXXXXX	V113719	APEX OFFICE PRODUCTS INC	245.89
AP	XXXXXXX	V023254	ARCPOINT LABS OF SARASOTA	40.00
AP	XXXXXXX	V023501	AT AND T TELECONFERENCE SERVIC	314.48
AP	XXXXXXX	V120002	B AND H PHOTO VIDEO INC	1,075.56
AP	XXXXXXX	V002730	BANK OF AMERICA	713.60
AP	XXXXXXX	V002730	BANK OF AMERICA	776.80
AP	XXXXXXX	V004571	BATTERY USA INC	402.50
AP	XXXXXXX	V004571	BATTERY USA INC	433.00
AP	XXXXXXX	V027297	BOULEVARD TIRE CENTER	1,462.34
AP	XXXXXXX	V170611	BOYD INSURANCE AGENCY INC	2,219.67
AP	XXXXXXX	V173024	BRADENTON HERALD, THE	490.00
AP	XXXXXXX	V022441	BRAZIL FLORIDA BUSINESS COUNCI	1,000.00
AP	XXXXXXX	V007624	BRIGHT HOUSE	740.82
AP	XXXXXXX	V009839	BRYANT MILLER AND OLIVE PA	8,145.00
AP	XXXXXXX	V196809	BUSINESS RESOURCE INC	906.55
AP	XXXXXXX	V024368	CARR RIGGS AND INGRAM LLC	510.75
AP	XXXXXXX	V010813	CEMEX	1,541.50
AP	XXXXXXX	V010813	CEMEX	1,176.00
AP	XXXXXXX	V021377	CINTAS CORPORATION	492.76
AP	XXXXXXX	V023756	COPIERSOURCE INTERNATIONAL INC	152.41
AP	XXXXXXX	V006291	DEX IMAGING INC	21.85
AP	XXXXXXX	V006291	DEX IMAGING INC	165.00
AP	XXXXXXX	V282890	DISCOUNT LOCK AND KEY INC	25.00
AP	XXXXXXX	V282890	DISCOUNT LOCK AND KEY INC	88.00
AP	XXXXXXX	V025612	DYNAFIRE INC	380.47
AP	XXXXXXX	V022096	ENTECH	555.50
AP	XXXXXXX	V022096	ENTECH	419.00
AP	XXXXXXX	V024683	EVERGLADES EQUIPMENT GROUP	264.48
AP	XXXXXXX	V024683	EVERGLADES EQUIPMENT GROUP	500.00
AP	XXXXXXX	V323190	FASTENAL COMPANY	195.01
AP	XXXXXXX	V323190	FASTENAL COMPANY	101.00
ZP	XXXXXXX	L333009	FLEET PRODUCTS	466.71
ZP	XXXXXXX	L333009	FLEET PRODUCTS	463.45
AP	XXXXXXX	V026823	FLORES CONSTRUCTION CO	159,654.66
AP	XXXXXXX	V019619	FLORIDA POWER AND LIGHT COMPAN	3,785.58
AP	XXXXXXX	V019619	FLORIDA POWER AND LIGHT COMPAN	20,199.93
AP	XXXXXXX	V019619	FLORIDA POWER AND LIGHT COMPAN	28,002.76
AP	XXXXXXX	V019619	FLORIDA POWER AND LIGHT COMPAN	507.71
AP	XXXXXXX	V019619	FLORIDA POWER AND LIGHT COMPAN	2,823.96

AP	XXXXXXX	V019619	FLORIDA POWER AND LIGHT COMPAN	1,787.94
AP	XXXXXXX	V019619	FLORIDA POWER AND LIGHT COMPAN	77,500.29
ZP	XXXXXXX	L007982	FRONTIER LIGHTING INC	375.00
AP	XXXXXXX	V023397	GAHAGEN AND BRYANT ASSOCIATES	14,925.00
AP	XXXXXXX	V026528	GEIGER	1,340.21
AP	XXXXXXX	V020807	GENUINE AUTOMOTIVE	260.15
AP	XXXXXXX	V380805	GOODYEAR TIRE & RUBBER CO.	2,456.50
AP	XXXXXXX	V385628	GRAINGER INC, W W	559.27
AP	XXXXXXX	V385628	GRAINGER INC, W W	-286.44
AP	XXXXXXX	V385628	GRAINGER INC, W W	314.16
ZP	XXXXXXX	L387610	GRAVELY OF BRADENTON	98.79
AP	XXXXXXX	V007986	GREATER TAMPA BAY MARINE ADVIS	833.33
WT	XXXXXXX	V020386	HANCOCK BANK	29,253.12
AP	XXXXXXX	V009636	HAYES E GOVERNMENT RESOURCES I	6,628.76
AP	XXXXXXX	V023500	HOME DEPOT CREDIT SERVICES	153.95
AP	XXXXXXX	V023500	HOME DEPOT CREDIT SERVICES	37.96
AP	XXXXXXX	V023500	HOME DEPOT CREDIT SERVICES	221.54
AP	XXXXXXX	V023500	HOME DEPOT CREDIT SERVICES	432.38
AP	XXXXXXX	V021690	INDABA SOLUTIONS SL	621.25
AP	XXXXXXX	P000094	ISIMINGER, GEORGE	180.00
AP	XXXXXXX	V012352	JANI KING OF TAMPA BAY	713.00
AP	XXXXXXX	V027228	JENNI AND GUYS	60.00
AP	XXXXXXX	V000060	JH WILLIAMS OIL CO INC	751.59
AP	XXXXXXX	V000060	JH WILLIAMS OIL CO INC	1,042.13
AP	XXXXXXX	V000060	JH WILLIAMS OIL CO INC	2,153.99
AP	XXXXXXX	V000060	JH WILLIAMS OIL CO INC	1,115.01
WT	XXXXXXX	V026038	JOCELYN HONG AND ASSOCIATES	5,000.00
AP	XXXXXXX	P000368	KNAPEK, JOSHUA	123.00
AP	XXXXXXX	V026879	LEDLIGHTEXPERT.COM	6,993.48
AP	XXXXXXX	V013723	LOGISTEC USA INC	7,000.00
AP	XXXXXXX	V022184	LOUIS PRYOR SUPPLY INC	319.00
AP	XXXXXXX	V022184	LOUIS PRYOR SUPPLY INC	382.71
AP	XXXXXXX	V004489	LOWES HOME CENTER INC	193.98
AP	XXXXXXX	V004489	LOWES HOME CENTER INC	143.91
AP	XXXXXXX	V024291	MACKAY COMMUNICATIONS INC	336.10
AP	XXXXXXX	V625403	MAINTENANCE TOO PAPER CO INC	140.25
AP	XXXXXXX	V023287	MANASOTA BLACK CHAMBER OF COMM	1,500.00
AP	XXXXXXX	V004140	MANATEE COUNTY PUBLIC WORKS DE	349.80
AP	XXXXXXX	V627024	MANATEE COUNTY TAX COLLECTOR	11,687.68
AP	XXXXXXX	V021692	MANATEE RIVERSIDE ROTARY CLUB	125.00
AP	XXXXXXX	V027070	MAXIM CRANE WORKS LP	2,444.80
AP	XXXXXXX	V022877	MCGUIRE ELECTRIC INC	180.00
AP	XXXXXXX	V027405	MOWERS INC BRADENTON	114.99
AP	XXXXXXX	V018578	NATIONAL NOTARY ASSOCIATION	230.00
AP	XXXXXXX	V696429	NORTHERN SAFETY CO INC	123.72
AP	XXXXXXX	V696429	NORTHERN SAFETY CO INC	147.36

AP	XXXXXXX	V701905	OFFICE DEPOT INC	294.34
AP	XXXXXXX	V706455	ORKIN PEST CONTROL	1,219.73
AP	XXXXXXX	V708015	OTIS ELEVATOR	2,877.48
AP	XXXXXXX	V026631	PALMETTO AUTO WAREHOUSE LLC	126.19
AP	XXXXXXX	V026631	PALMETTO AUTO WAREHOUSE LLC	158.14
AP	XXXXXXX	V026631	PALMETTO AUTO WAREHOUSE LLC	3,588.72
AP	XXXXXXX	V020352	PALMETTO ROTARY	258.00
AP	XXXXXXX	V026028	PARATEC DOOR SOLUTIONS INC	350.00
AP	XXXXXXX	V027189	PCS CIVIL INC	971,445.85
AP	XXXXXXX	V736427	PITNEY BOWES CREDIT CORP	237.57
AP	XXXXXXX	V748180	PUBLIX SUPER MARKET	207.18
AP	XXXXXXX	V020765	R S AND H INC	47,075.30
AP	XXXXXXX	V019469	RAILINC CORPORATION	130.00
AP	XXXXXXX	V776386	RING POWER CORP	225.14
AP	XXXXXXX	V776386	RING POWER CORP	63.32
AP	XXXXXXX	V776386	RING POWER CORP	311.94
AP	XXXXXXX	V027078	SEIBOLD SECURITY OF FLORIDA IN	1,340.00
AP	XXXXXXX	V004755	SHERWIN WILLIAMS COMPANY	19.97
AP	XXXXXXX	V027412	SNIDER FLEET SOLUTIONS INC	2,409.54
AP	XXXXXXX	P000213	ST PIERRE, DAVID M	119.92
AP	XXXXXXX	V018137	STANTEC CONSULTING SERVICES IN	4,245.00
AP	XXXXXXX	V018137	STANTEC CONSULTING SERVICES IN	1,730.00
AP	XXXXXXX	V875019	STATE OF FLORIDA	751.76
AP	XXXXXXX	V894828	SUNSHINE STATE ONE CALL	117.78
AP	XXXXXXX	V025076	TOWN SQUARE PUBLICATIONS LLC	1,495.00
AP	XXXXXXX	V006904	UNITED REFRIGERATION INC	421.89
AP	XXXXXXX	V006904	UNITED REFRIGERATION INC	49.93
AP	XXXXXXX	V009667	VERIZON WIRELESS	515.54
AP	XXXXXXX	V009667	VERIZON WIRELESS	1,103.06
AP	XXXXXXX	V961411	WEST FLORIDA SUPPLY CO	67.80
AP	XXXXXXX	V027043	WHITNEY TRANSPORT LLC	15,002.85
AP	XXXXXXX	V019987	WIMAUMA AUTO PARTS INC	154.95
AP	XXXXXXX	V023510	WURTH ACTION BOLT AND TOOL CO	246.87
AP	XXXXXXX	P000292	ZIMMERMANN,VIRGINIA	49.00

Total warrants (checks) for period reported 1,598,026.48

Present were:

MANATEE COUNTY PORT AUTHORITY REGULAR MEETING

PORT MANATEE INTERMODAL CENTER, THIRD FLOOR

1905 Intermodal Circle Palmetto, Florida

JULY 28, 2020

Priscilla Whisenant Trace, Chairman Reggie Bellamy, First Vice-Chairman Misty Servia, Second Vice-Chairman

Stephen R. Jonsson, Third Vice-Chairman (via telephone) Vanessa Baugh

Betsy Benac Carol Whitmore

Also present were:

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

Vicki Ayles, Finance Deputy Director, Clerk of the Circuit Court Vicki Tessmer, Board Records Supervisor, Clerk of the Circuit Court

Chairman Trace called the meeting to order at 9:11 a.m.

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

AGENDA

CONSENT AGENDA

1. A motion was made by Member Baugh and seconded by Member Servia to approve the Consent Agenda incorporating the language as stated in the recommended motions on the cover sheets for the Consent Agenda. Following a brief discussion, the motion carried 7-0.

WARRANT LIST
Accepted Warrant Listing from June 10, 2020 to July 20, 2020
MINUTES
Approved the Minutes of June 16, 2020
BUDGET RESOLUTION
Ratified and affirmed the approval by the Executive Director of Budget Resolution PA-20-19 and PA-20-20
BUDGET RESOLUTION
Adopted Budget Resolution PA-20-21
TRANSPORTATION GRANT AGREEMENTS/BERTH 4
- Ratified and affirmed the execution of the Public Transportation Amendment to the Public Transportation Grant Agreement with the Florida Department of Transportation (FDOT) for the extension of Berth 4 modifying the scope to include berths 12 and 14; and
- Ratified and affirmed the execution of the Public Transportation Amendment to the Public Transportation Grant Agreement with FDOT for Facilities Improvements modifying the scope to include improvements to existing and expansion of cargo storage areas
GULFSTREAM ENCROACHMENT AGREEMENT
Approved and authorized the Executive Director to execute the Encroachment Agreement with Gulfstream Natural Gas System LLC
PROFESSIONAL SERVICES CONTINUING CONTRACT
Executed Continued Engineering Contract with HDR Engineering, Inc., for geotechnical, environmental, and planning professional services
TARIFF NO. 3; ITEM 452
Approved the addition of Item 452 in the Port Manatee Tariff No. 3 to reflect a dock transfer fee at Warehouse 2
TRUCK LOADING DOCKS
Executed Change Order 9 to the Flores Construction contract for Warehouse 2 loading dock completion, increasing the contact by $1,650 to raise the grate/lid elevation
TRIPLETAIL AQUA LLC

Executed Memorandum of Understanding with Tripletail Aqua LLC for property currently occupied by Florida Fish and Wildlife Conservation Commission

(End Consent Agenda)

INTERMODAL CONTAINER YARD
Carlos Buqueras, Executive Director, stated the action today would assist with the demand for additional container storage.

Motion was made by Member Baugh, seconded by Member Whitmore, and carried 7-0, to execute the contract with the Crisdel Group in the amount of $8,927,812.90 for the construction of the Intermodal Container Yard Expansion, subject to receipt of all contract documents and FDOT approval; and executed Change Order 001 decreasing the contract between the Manatee County Port Authority and The Crisdel Group in the amount of
$1,037,615.00, subject to the review and approval of FDOT.
BERTH REHABILITATION CONSTRUCITON AWARD
Carlos Buqueras, Executive Director, stated this item supports the ongoing function of rehabilitating and expanding the Berths.

Motion was made by Member Whitmore, seconded by Member Bellamy, and carried 7-0, to execute the contract with Midcoast Construction Enterprises LLC in the amount of $3,131,655 for berths 6, 7, 8 and 10 improvements, subject to receipt of all contract documents and FDOT approval, and authorization for the Executive Director to enter into any necessary change orders based on unforeseen conditions for an amount up to $250,000.
BERTH 4 EXTENSION
Carlos Buqueras, Executive Director, stressed construction and expansion of Berth 4 must occur to accommodate additional ships and cargo.

Discussion ensued on the importance of expansion at the Port.

George Isiminger, Engineering and Environmental Affairs Director, explained this project was part of a previous study. This item is for design permitting, in preparation to go out for construction. The project includes five years of sea grass mitigation and the plan is to use the County’s sea grass mitigation area at Perico. The contract and fee are based on permitting taking two years. Once bids are received and permits issued, the project can go out for bid and would take approximately one year to complete.

Discussion ensued that it would be good to have an overall map of future projects, sea grass mitigation has nothing to do with sediment spill from dredging, and expansion is vital to Port business.

A motion was made by Member Benac, seconded by Member Whitmore, and carried 7-0, to execute the contract with Stantec Consulting, Inc., for the design, permitting, construction and monitoring phase of Berth 4 Extension, subject to FDOT approval; and approve and authorize the Chairman to execute Professional Services Agreement 20-01 with Stantec Consulting, Inc., in the amount of $2,078,936.63 for the design and permitting of Berth 4 Extension, subject to FDOT approval.
LEGAL SERVICES AGREEMENT
Carlos Buqueras, Executive Director, explained this is a new agreement with Lewis, Longman and Walker, P.A. (LLW) for environmental regulatory services adjusting the hourly rates for associates and senior attorneys.

A motion was made by Member Baugh, seconded by Member Benac, and carried 7-0, to execute the Fourth Amendment to Port Manatee Legal Services Agreement between the Manatee County Port Authority and Lewis, Longman and Walker, P.A.
LOBBYING REPRESENTATION
Carlos Buqueras, Executive Director, explained the contract is for professional services by the Ramba Law Group LLC, for Legislative and Executive branch lobbying strategies, and follows the same model and fee as with Lewis, Longman and Walker.

Discussion ensued regarding identifying different candidates, Mr. Ramba worked for LLW, and the contract has a 90 day out.

A motion was made by Member Whitmore and seconded by Member Seriva to execute the Contract for Professional Services with the Ramba Law Group LLC for State governmental consulting services.

David Ramba, explained he has worked in the past for Port Manatee. There will be budget issues this year, as the State budget is about $2 billion lower due to sales tax collection, which will effect spending, permitting and other issues. There have been no cabinet meetings in the past four months.

Discussion ensued that Port Manatee is looking to expand, Mr. Ramba has a relationship with State legislators, local legislators were not aware of bills being filed on behalf of Manatee County and not passed, need to be right in front of the legislatures, long range master plan, and need to start moving north in dredging and acquiring properties.

The motion carried 7-0.

EXECUTIVE DIRECTOR EMPLOYMENT CONTRACT

Carlos Buqueras, Executive Director, explained the second amendment extends the current contract to December 31, 2025.

Discussion ensued regarding Port business has grown, and thanked Mr. Buqueras for his dedication to Port Manatee.

A motion was made by Member Servia, seconded by Member Benac, and carried 7-0 to execute the Second Amendment to the Employment Agreement with Carlos Buqueras.

EXECUTIVE DIRECTOR COMMENTS

Carlos Buqueras, Executive Director, stated the situation for ports on the east coast is dire, but Port Manatee is in a good place and continues to hire employees and operations continue 24/7.

Discussion ensued regarding compliments to Mr. Buqueras for growing Port business, important for the Port Authority to agree with the Executive Director, Port Manatee still has land surrounding it, and Port is in a good position to capitalize on any changes to the economy.

PUBLIC COMMENT

Glen Gibellina expressed concern regarding the lobbyist and that the public did not have an opportunity to comment.

MEMBER COMMENTS

Member Whitmore

Noted Port Manatee is fortunate to get Mr. Ramba, as he fills specific needs for a lobbyist
Extended condolences to the family of Aaron Washington, Port employee, who suddenly passed away

ADJOURN
There being no further business, Chairman Trace adjourned the meeting at 9:46 a.m. Minutes Approved:
August 25, 2020

CONSENT
AGENDA ITEM 1.C: BUDGET RESOLUTION – PA-20-24

BACKGROUND:

This resolution budgets for the following capital improvement projects:
Berth 6,7,8, and 10 Improvements – a total of $602,165 funded by FDOT and $367,651 funded by the Port’s SIB Loan is allocated to each of the projects based on the construction bid. In addition, the grant funding of the Berth 4 Extension project is decreased $380,842 and increased the same amount for the various Berth 6,7,8, and 10 Improvement projects. Also, decrease $36,111 from Berth 6 Improvement project and increase Berth 7 Improvements for the same amount to align the budget with the construction bid.
Access Control System Hardware and Software Upgrades per the 2018 and 2019 Port Security Grant Programs funded $888,956 or 75% by Homeland Security and $296,319 Port cash or 25%.
The capital improvement funds of Berth 6 Improvements and the Berth 4 Extension are transferred back to port cash in the amounts of $39,983 and $126,947, respectively, for proper budget allocation.

ATTACHMENT:

Budget Resolution PA-20-24.

COST AND FUNDING SOURCE:

Budgets $602,165 of FDOT grant proceeds, $367,651 SIB loan, $326,456 PSGP 2018 grant,

$562,500 PSGP 2019 grant, and $129,389 net Port Cash. Also, decreased $380,842 from Berth 4 Extension project and transferred to Berth 6,7,8 and 10 projects. Decrease Berth 6 Improvement project in the amount of $36,111 and increase Berth 7 for the same amount.

CONSEQUENCES IF DEFERRED:

Delay in budget allocations.

LEGAL COUNSEL REVIEW: N/A RECOMMENDATION:

Move to adopt Budget Resolution PA-20-24

RESOLUTION PA-20-24 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:

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

NOW, THEREFORE, BE IT RESOLVED by the Manatee County Port Authority that the 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
BAAL082520A
BU20200473
2
BAAL082520A/B
BU20200479
3
BAAL082520A
BU20200480

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

ATTEST: ANGELINA M. COLONNESO MANATEE COUNTY PORT AUTHORITY
CLERK OF CIRCUIT COURT

By:
BUDGET ADMENDMENT RESOLUTION NO. PA-20-24 AGENDA DATE: August 25, 2020
1. Fund: FDOT SIB Loan
  
  Section: Berth 4,6,7,8 and 10 Improvements
  
  Description: Budgets $602,165 FDOT and $367,651 SIB Loan for Berth 6,7,8 and 10 Improvement projects. Also, decrease $380,842 in the Berth 4 Extension project and increases the same for Berth 6,7,8 and 10 Improvement projects. In addition, decrease $36,111 from Berth 6 Improvements project and increase Berth 7 for the same amount.
  
  Batch ID: BAAL082520A Reference: BU20200473
2. Fund: 2018 PSGP 2019 PSGP
  Port Cash – 25%
  
  Section: Access Control System Upgrade Access Control System Phase II
  
  Description: Budgets $888,956 for the 2018 and 2019 Port Security grants and
  $296,319 Port cash.
  
  Batch ID: BAAL082520A/B Reference: BU20200479
3. Fund: Port cash

Port Capital Improvements

Section: Berth 4 Extension

Berth 6 Improvements

Description: Transfers $39,983 from Berth 6 Improvements and $126,947 from Berth 4 Extension to reserves in the Port Operating fund.

Batch ID: BAAL082520A Reference: BU20200480

August 25, 2020

CONSENT

AGENDA ITEM 1.D: PUBLIC TRANSPORTATION GRANT

AGREEMENT –WAREHOUSE MODERNIZATION INITIATIVE

BACKGROUND:

The Florida Department of Transportation (FDOT) has agreed to participation in the funding of $2,250,000 for the warehouse modernization initiative project and has provided the attached the Public Transportation Grant Agreement (PTGA). As a condition of the grant, the Port is obligated to contribute 50% (or $2,250,000), bringing the total project costs to $4,500,000. Port staff is in negotiations with Del Monte Fresh Produce for participation of $1,250,000 of the required match. To enter into the agreement, FDOT requires that the Port Authority adopt a resolution specifically approving the PTGA and authorizing the execution of the PTGA on behalf of the Port Authority by specifically designated officials.

ATTACHMENT:

Resolution PA-20-23 and the State of Florida Department of Transportation Public Transportation Grant Agreement

COST AND FUNDING SOURCE:

Total for the project is $2,250,000 FDOT, $1,000,000 Port and $1,250,000 Del Monte Fresh Produce.

CONSEQUENCES IF DEFERRED:

Delay in execution of the PTGA

LEGAL COUNSEL REVIEW: Yes RECOMMENDATION:

Move to adopt Resolution PA-20-23 authorizing the execution of the Public Transportation Grant Agreement with the Florida Department of Transportation for the warehouse improvement initiative project.

Financial Project Number

444277-1-94-02

PA-20-23

A RESOLUTION BY THE MANATEE COUNTY PORT AUTHORITY APPROVING AND AUTHORIZING THE EXECUTION OF THE PUBLIC TRANSPORTATION GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION

WHEREAS, the State of Florida Department of Transportation (Department) has offered to enter into a Public Transportation Grant Agreement with the Manatee County Port Authority (Port Authority) to provide Department participation in the warehouse improvement initiative, and

WHEREAS, the Port Authority has the authority to enter into said Public Transportation Grant Agreement with the Department, and it is expedient and in the best interests of this Port Authority to approve and authorize the execution of the Public Transportation Grant Agreement.

NOW THEREFORE BE IT RESOLVED by the Manatee County Port Authority

that:

The State of Florida Department of Transportation Public Transportation Grant Agreement, identified as Financial Project Number 444277-1-94-02 wherein the Department agrees to a maximum participation in the amount of $2,250,000 is approved. The Chairman of the Port Authority, or, in the absence of the Chairman, any Vice Chairman of the Port Authority, is authorized to execute the Public Transportation Agreement on behalf of the Port Authority.
The Clerk of the Circuit Court of Manatee County, Florida, is authorized to cause two copies of this resolution to be certified for delivery to the Florida Department of Transportation.

ADOPTED with a quorum present and voting this the 25th day of August, 2020. ATTEST: ANGELINA M. COLONNESO MANATEE COUNTY PORT

CLERK OF CIRCUIT COURT AUTHORITY

By:

Chairman

Financial Project Number(s):

(item-segment-phase-sequence)

Fund(s):

444277-1-94-02 Work Activity Code/Function:

Federal Number/Federal Award

PORT FLAIR Category:

215 Object Code:

Org. Code:

Identification Number (FAIN) – Transit only: Vendor Number:

088794

751000

55012020129

VF596000727160

Contract Number: G1P32 Federal Award Date:

CFDA Number:

CFDA Title: CSFA Number: CSFA Title:

N/A

Agency DUNS Number:

01-973-

7399

N/A

55.005

Seaport Grant Program

THIS PUBLIC TRANSPORTATION GRANT AGREEMENT (“Agreement”) is entered into

_ __ _, by and between the State of Florida, Department of Transportation, (“Department”), and Manatee County Port Authority, (“Agency”). The Department and the Agency are sometimes referred to in this Agreement as a “Party” and collectively as the “Parties.”

NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following:

Authority. The Agency, by Resolution or other form of official authorization, a copy of which is attached as Exhibit “D”, Agency Resolution and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. The Department has the authority pursuant to Section(s) 311, Florida Statutes, to enter into this Agreement.
Purpose of Agreement. The purpose of this Agreement is to provide for the Department’s participation in Port Manatee's warehouse modernization initiative, as further described in Exhibit "A", Project Description and Responsibilities, attached and incorporated into this Agreement (“Project”), to provide Department financial assistance to the Agency, state the terms and conditions upon which Department funds will be provided, and to set forth the manner in which the Project will be undertaken and completed.
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
X Seaports
Transit
Intermodal
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
Exhibits. The following Exhibits are attached and incorporated into this Agreement:

X Exhibit A: Project Description and Responsibilities X Exhibit B: Schedule of Financial Assistance
*Exhibit B1: Deferred Reimbursement Financial Provisions
*Exhibit B2: Advance Payment Financial Provisions
X *Exhibit C: Terms and Conditions of Construction X Exhibit D: Agency Resolution
X Exhibit E: Program Specific Terms and Conditions X Exhibit F: Contract Payment Requirements
X *Exhibit G: Audit Requirements for Awards of State Financial Assistance

*Exhibit H: Audit Requirements for Awards of Federal Financial Assistance
*Additional Exhibit(s):

*Indicates that the Exhibit is only attached and incorporated if applicable box is selected.
Time. Unless specified otherwise, all references to “days” within this Agreement refer to calendar days.
Term of Agreement. This Agreement shall commence upon full execution by both Parties (“Effective Date”) and continue through May 31, 2024. If the Agency does not complete the Project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed prior to the Effective Date or after the expiration date of this Agreement will not be reimbursed by the Department.
1. If this box is checked the following provision applies:
  
  Unless terminated earlier, work on the Project shall commence no later than the day of , or within days of the issuance of the Notice to Proceed for the construction phase of the Project (if the Project involves construction), whichever date is earlier. The Department shall have the option to immediately terminate this Agreement should the Agency fail to meet the above-required dates.
Amendments, Extensions, and Assignment. This Agreement may be amended or extended upon mutual written agreement of the Parties. This Agreement shall not be renewed. This Agreement shall not be assigned, transferred, or otherwise encumbered by the Agency under any circumstances without the prior written consent of the Department.
Termination or Suspension of Project. The Department may, by written notice to the Agency, suspend any or all of the Department’s obligations under this Agreement for the Agency’s failure to comply with applicable law or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected.
1. Notwithstanding any other provision of this Agreement, if the Department intends to terminate the Agreement, the Department shall notify the Agency of such termination in writing at least thirty (30) days prior to the termination of the Agreement, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated.
2. The Parties to this Agreement may terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions.
3. If the Agreement is terminated before performance is completed, the Agency shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed the equivalent percentage of the Department’s maximum financial assistance. If any portion of the Project is located on the Department’s right-of-way, then all work in progress on the Department right-of-way will become the property of the Department and will be turned over promptly by the Agency.
4. In the event the Agency fails to perform or honor the requirements and provisions of this Agreement, the Agency shall promptly refund in full to the Department within thirty (30) days of the termination of the Agreement any funds that were determined by the Department to have been expended in violation of the Agreement.
5. The Department reserves the right to unilaterally cancel this Agreement for failure by the Agency to comply with the Public Records provisions of Chapter 119, Florida Statutes.
Project Cost:
1. The estimated total cost of the Project is $4,500,000. This amount is based upon Exhibit "B", Schedule of Financial Assistance. The timeline for deliverables and distribution of estimated amounts between deliverables within a grant phase, as outlined in Exhibit "B", Schedule of Financial Assistance, may be modified by mutual written agreement of the Parties and does not require execution of an Amendment to the Public Transportation Grant Agreement. The timeline for deliverables and distribution of estimated amounts between grant phases requires an amendment executed by both Parties in the same form as this Agreement.
2. The Department agrees to participate in the Project cost up to the maximum amount of
  $2,250,000 and, the Department’s participation in the Project shall not exceed 50.00% of the total eligible cost of the Project, and as more fully described in Exhibit “B’’, Schedule of Financial Assistance. The Agency agrees to bear all expenses in excess of the amount of the Department’s participation and any cost overruns or deficits involved.
Compensation and Payment:
1. Eligible Cost. The Department shall reimburse the Agency for allowable costs incurred as described in Exhibit “A”, Project Description and Responsibilities, and as set forth in Exhibit “B”, Schedule of Financial Assistance.
2. Deliverables. The Agency shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Modifications to the deliverables in Exhibit “A”, Project Description and Responsibilities requires a formal written amendment.
3. Invoicing. Invoices shall be submitted no more often than monthly by the Agency in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable, and verifiable deliverables as established in Exhibit “A”, Project Description and Responsibilities. Deliverables and costs incurred must be received and approved by the Department prior to reimbursement. Requests for reimbursement by the Agency shall include an invoice, progress report, and supporting documentation for the deliverables being billed that are acceptable to the Department. The Agency shall use the format for the invoice and progress report that is approved by the Department.
4. Supporting Documentation. Supporting documentation must establish that the deliverables were received and accepted in writing by the Agency and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A”, Project Description and Responsibilities has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements.
5. Travel Expenses. The selected provision below is controlling regarding travel expenses: X Travel expenses are NOT eligible for reimbursement under this Agreement.
  Travel expenses ARE eligible for reimbursement under this Agreement. Bills for travel
  expenses specifically authorized in this Agreement shall be submitted on the Department’s Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida Statutes, and the most current version of the Department’s Disbursement Handbook for Employees and Managers.
6. Financial Consequences. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes, or the Department’s Comptroller under Section 334.044(29), Florida Statutes. If the Department determines that the performance of the Agency is unsatisfactory, the Department shall notify the Agency of the deficiency to be corrected, which correction shall be made within a time- frame to be specified by the Department. The Agency shall, within thirty (30) days after notice from the Department, provide the Department with a corrective action plan describing how the Agency will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non- compliance. If the corrective action plan is unacceptable to the Department, the Agency will not be reimbursed. If the deficiency is subsequently resolved, the Agency may bill the Department for the amount that was previously not reimbursed during the next billing period. If the Agency is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement’s term.
7. Invoice Processing. An Agency receiving financial assistance from the Department should be aware of the following time frames. Inspection or verification and approval of deliverables shall take no longer than 20 days from the Department’s receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the deliverables are received, inspected or verified, and approved.
  
  If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Agency. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices that have to be returned to an Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department.
  
  A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agency who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516.
8. Records Retention. The Agency shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project records, together with supporting documents and records, of the Contractor and all subcontractors performing work on the Project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs.
9. Progress Reports. Upon request, the Agency agrees to provide progress reports to the Department in the standard format used by the Department and at intervals established by the Department. The Department will be entitled at all times to be advised, at its request, as to the status of the Project and of details thereof.
10. Submission of Other Documents. The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department may require as listed in Exhibit "E", Program Specific Terms and Conditions attached to and incorporated into this Agreement.
11. Offsets for Claims. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement that it has with the Agency owing such amount if, upon written demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department.
12. Final Invoice. The Agency must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120-day time period may not be paid.
13. Department’s Performance and Payment Contingent Upon Annual Appropriation by the Legislature. The Department’s performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, a notice of availability of funds from the Department’s project manager must be received prior to costs being incurred by the Agency. See Exhibit “B”, Schedule of Financial Assistance for funding levels by fiscal year. Project costs utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available.
14. Limits on Contracts Exceeding $25,000 and Term more than 1 Year. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
  
  "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year."
15. Agency Obligation to Refund Department. Any Project funds made available by the Department pursuant to this Agreement that are determined by the Department to have been expended by the Agency in violation of this Agreement or any other applicable law or regulation shall be promptly refunded in full to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Agency files shall not constitute a waiver of the Department's rights as the funding agency to verify all information at a later date by audit or investigation.
16. Non-Eligible Costs. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Agency prior to the execution of this Agreement, costs incurred after the expiration of the Agreement, costs that are not provided for in Exhibit “A”, Project Description and Responsibilities, and as set forth in Exhibit “B”, Schedule of Financial Assistance, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangement that has not been approved
  
  in writing by the Department. Specific unallowable costs may be listed in Exhibit “A”, Project Description and Responsibilities.
General Requirements. The Agency shall complete the Project with all practical dispatch in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement and all applicable laws.
1. Necessary Permits Certification. The Agency shall certify to the Department that the Agency’s design consultant and/or construction contractor has secured the necessary permits.
2. Right-of-Way Certification. If the Project involves construction, then the Agency shall provide to the Department certification and a copy of appropriate documentation substantiating that all required right-of-way necessary for the Project has been obtained. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, even if no right-of-way is required.
3. Notification Requirements When Performing Construction on Department’s Right-of- Way. In the event the cost of the Project is greater than $250,000.00, and the Project involves construction on the Department’s right-of-way, the Agency shall provide the Department with written notification of either its intent to:
  1. Require the construction work of the Project that is on the Department’s right-of-way to be performed by a Department prequalified contractor, or
  2. Construct the Project utilizing existing Agency employees, if the Agency can complete said Project within the time frame set forth in this Agreement.
4. If this box is checked, then the Agency is permitted to utilize its own forces and the following provision applies: Use of Agency Workforce. In the event the Agency proceeds with any phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs (this excludes general overhead).
5. If this box is checked, then the Agency is permitted to utilize Indirect Costs: Reimbursement for Indirect Program Expenses (select one):
  1. Agency has selected to seek reimbursement from the Department for actual indirect expenses (no rate).
  2. Agency has selected to apply a de minimus rate of 10% to modified total direct costs. Note: The de minimus rate is available only to entities that have never had a negotiated indirect cost rate. When selected, the de minimus rate must be used consistently for all federal awards until such time the agency chooses to negotiate a rate. A cost policy statement and de minimis certification form must be submitted to the Department for review and approval.
  3. Agency has selected to apply a state or federally approved indirect cost rate. A federally approved rate agreement or indirect cost allocation plan (ICAP) must be submitted annually.
6. Agency Compliance with Laws, Rules, and Regulations, Guidelines, and Standards. The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project.
7. Claims and Requests for Additional Work. The Agency shall have the sole responsibility for resolving claims and requests for additional work for the Project. The Agency will make
  
  best efforts to obtain the Department’s input in its decisions. The Department is not obligated to reimburse for claims or requests for additional work.
Contracts of the Agency:
1. Approval of Third Party Contracts. The Department specifically reserves the right to review and approve any and all third party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of Department funds, including consultant and purchase of commodities contracts, or amendments thereto. If the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. If Federal Transit Administration (FTA) funds are used in the Project, the Department must exercise the right to third party contract review.
2. Procurement of Commodities or Contractual Services. It is understood and agreed by the Parties hereto that participation by the Department in a project with the Agency, where said project involves the purchase of commodities or contractual services where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Section 287.017, Florida Statutes, is contingent on the Agency complying in full with the provisions of Section 287.057, Florida Statutes. The Agency’s Authorized Official shall certify to the Department that the Agency’s purchase of commodities or contractual services has been accomplished in compliance with Section 287.057, Florida Statutes. It shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", Schedule of Financial Assistance, or that is not consistent with the Project description and scope of services contained in Exhibit "A", Project Description and Responsibilities must be approved by the Department prior to Agency execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department, in accordance with this Agreement.
3. Consultants’ Competitive Negotiation Act. It is understood and agreed by the Parties to this Agreement that participation by the Department in a project with the Agency, where said project involves a consultant contract for professional services, is contingent on the Agency’s full compliance with provisions of Section 287.055, Florida Statutes, Consultants’ Competitive Negotiation Act. In all cases, the Agency’s Authorized Official shall certify to the Department that selection has been accomplished in compliance with the Consultants’ Competitive Negotiation Act.
4. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the Department that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBEs have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBEs have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement.
Maintenance Obligations. In the event the Project includes construction or the acquisition of commodities then the following provisions are incorporated into this Agreement:
1. The Agency agrees to accept all future maintenance and other attendant costs occurring after completion of the Project for all improvements constructed or commodities acquired as part of the Project. The terms of this provision shall survive the termination of this Agreement.
Sale, Transfer, or Disposal of Department-funded Property:
1. The Agency will not sell or otherwise transfer or dispose of any part of its title or other interests in real property, facilities, or equipment funded in any part by the Department under this Agreement without prior written approval by the Department.
2. If a sale, transfer, or disposal by the Agency of all or a portion of Department-funded real property, facilities, or equipment is approved by the Department, the following provisions will apply:
  1. The Agency shall reimburse the Department a proportional amount of the proceeds of the sale of any Department-funded property.
  2. The proportional amount shall be determined on the basis of the ratio of the Department funding of the development or acquisition of the property multiplied against the sale amount, and shall be remitted to the Department within ninety (90) days of closing of sale.
  3. Sale of property developed or acquired with Department funds shall be at market value as determined by appraisal or public bidding process, and the contract and process for sale must be approved in advance by the Department.
  4. If any portion of the proceeds from the sale to the Agency are non-cash considerations, reimbursement to the Department shall include a proportional amount based on the value of the non-cash considerations.
3. The terms of provisions “a” and “b” above shall survive the termination of this Agreement.
  1. The terms shall remain in full force and effect throughout the useful life of facilities developed, equipment acquired, or Project items installed within a facility, but shall not exceed twenty (20) years from the effective date of this Agreement.
  2. There shall be no limit on the duration of the terms with respect to real property acquired with Department funds.
Single Audit. The administration of Federal or State resources awarded through the Department to the Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or State financial assistance or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified below.

Federal Funded:
1. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F – Audit Requirements, monitoring procedures may include but not be limited to on-site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any
  
  inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO), or State of Florida Auditor General.
2. The Agency, a non-Federal entity as defined by 2 CFR Part 200, Subpart F – Audit Requirements, as a subrecipient of a Federal award awarded by the Department through this Agreement, is subject to the following requirements:
  1. In the event the Agency expends a total amount of Federal awards equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, the Agency must have a Federal single or program-specific audit conducted for such fiscal year in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements. Exhibit “H”, Audit Requirements for Awards of Federal Financial Assistance, to this Agreement provides the required Federal award identification information needed by the Agency to further comply with the requirements of 2 CFR Part 200, Subpart F – Audit Requirements. In determining Federal awards expended in a fiscal year, the Agency must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F – Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements, will meet the requirements of this part.
  2. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F – Audit Requirements.
  3. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, in Federal awards, the Agency is exempt from Federal audit requirements for that fiscal year. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the Agency’s audit period for each applicable audit year. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from the Agency’s resources obtained from other than Federal entities).
  4. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at https://harvester.census.gov/facweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F – Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor’s report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F
    – Audit Requirements. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSingleAudit@dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor’s report(s) or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F – Audit Requirements.
  5. Within six months of acceptance of the audit report by the FAC, the Department will review the Agency’s audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. If the Agency fails to have an
    
    audit conducted in accordance with 2 CFR Part 200, Subpart F – Audit Requirements, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following:
    1. Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department;
    2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance;
    3. Wholly or partly suspend or terminate the Federal award;
    4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and Federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the Federal awarding agency);
    5. Withhold further Federal awards for the Project or program;
    6. Take other remedies that may be legally available.
  6. As a condition of receiving this Federal award, the Agency shall permit the Department or its designee, the CFO, or State of Florida Auditor General access to the Agency’s records, including financial statements, the independent auditor’s working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved.
  7. The Department’s contact information for requirements under this part is as follows: Office of Comptroller, MS 24
    605 Suwannee Street
    Tallahassee, Florida 32399-0450 FDOTSingleAudit@dot.state.fl.us
    
    State Funded:
    1. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Agency’s use of state financial assistance may include but not be limited to on-site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services (DFS), or State of Florida Auditor General.
    2. The Agency, a “nonstate entity” as defined by Section 215.97, Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement, is subject to the following requirements:
      1. In the event the Agency meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency must have a State single or project- specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit “G”, Audit Requirements for Awards of State Financial Assistance, to this Agreement indicates state financial
        
        assistance awarded through the Department by this Agreement needed by the Agency to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Agency shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements.
      2. In connection with the audit requirements, the Agency shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
      3. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the Agency’s audit period for each applicable audit year. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Agency’s resources (i.e., the cost of such an audit must be paid from the Agency’s resources obtained from other than State entities).
      4. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to:
        
        Florida Department of Transportation Office of Comptroller, MS 24
        605 Suwannee Street
        Tallahassee, Florida 32399-0405 FDOTSingleAudit@dot.state.fl.us
        
        And
        
        State of Florida Auditor General Local Government Audits/342
        111 West Madison Street, Room 401
        Tallahassee, FL 32399-1450
        Email: flaudgen_localgovt@aud.state.fl.us
      5. Any copies of financial reporting packages, reports, or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable.
      6. The Agency, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Agency in correspondence accompanying the reporting package.
      7. Upon receipt, and within six months, the Department will review the Agency’s financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Agency fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance.
      8. As a condition of receiving state financial assistance, the Agency shall permit the Department or its designee, DFS, or the Auditor General access to the Agency’s records, including financial statements, the independent auditor’s working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved.
    3. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department or its designee, DFS, or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department or its designee, DFS, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department.
Notices and Approvals. Notices and approvals referenced in this Agreement must be obtained in writing from the Parties’ respective Administrators or their designees.
Restrictions, Prohibitions, Controls and Labor Provisions:
1. Convicted Vendor List. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.
2. Discriminatory Vendor List. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity.
3. Non-Responsible Contractors. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied, or have further been determined by the Department to be a non-responsible contractor, may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency.
4. Prohibition on Using Funds for Lobbying. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes.
5. Unauthorized Aliens. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement.
6. Procurement of Construction Services. If the Project is procured pursuant to Chapter 255, Florida Statutes, for construction services and at the time of the competitive solicitation for the Project, 50 percent or more of the cost of the Project is to be paid from state-appropriated funds, then the Agency must comply with the requirements of Section 255.0991, Florida Statutes.
7. E-Verify. The Agency shall:
  1. Utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Agency during the term of the contract; and
  2. Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security’s E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term.
8. Design Services and Construction Engineering and Inspection Services. If the Project is wholly or partially funded by the Department and administered by a local governmental entity, except for a seaport listed in Section 311.09, Florida Statutes, the entity performing design and construction engineering and inspection services may not be the same entity.
Indemnification and Insurance:
1. It is specifically agreed between the Parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Agency guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Agency or any subcontractor, in connection with this Agreement. Additionally, the Agency shall indemnify and hold harmless the State of Florida, Department of Transportation, including the Department’s officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Agency and persons employed or utilized by the Agency in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Additionally, the Agency agrees to include the following indemnification in all contracts with contractors/subcontractors and consultants/subconsultants who perform work in connection with this Agreement:
  
  “To the fullest extent permitted by law, the Agency’s contractor/consultant shall indemnify and hold harmless the Agency and the State of Florida, Department of Transportation, including the Department’s officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and
  
  persons employed or utilized by the contractor/consultant in the performance of this Agreement.
  
  This indemnification shall survive the termination of this Agreement.”
2. The Agency shall provide Workers’ Compensation Insurance in accordance with Florida’s Workers’ Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) and subconsultant(s) have Workers’ Compensation Insurance for their employees in accordance with Florida’s Workers’ Compensation law. If using “leased employees” or employees obtained through professional employer organizations (“PEO’s”), ensure that such employees are covered by Workers’ Compensation Insurance through the PEO’s or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships, or partners are covered by insurance required under Florida’s Workers' Compensation law.
3. If the Agency elects to self-perform the Project, then the Agency may self-insure. If the Agency elects to hire a contractor or consultant to perform the Project, then the Agency shall carry, or cause its contractor or consultant to carry, Commercial General Liability insurance providing continuous coverage for all work or operations performed under this Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. The Agency shall cause, or cause its contractor or consultant to cause, the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an “occurrence” basis and shall include Products/Completed Operations coverage. The coverage afforded to the Department as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Agreement, and may not be shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named Insured. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self-Insured Retention unless the Agency is a state agency or subdivision of the State of Florida that elects to self-perform the Project. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The Department shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. The Department’s approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the Department may have.
4. When the Agreement includes the construction of a railroad grade crossing, railroad overpass or underpass structure, or any other work or operations within the limits of the railroad right- of-way, including any encroachments thereon from work or operations in the vicinity of the railroad right-of-way, the Agency shall, or cause its contractor to, in addition to the insurance coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the railroad is the Named Insured and where the limits are not less than $2,000,000 combined single limit for bodily injury and/or property damage per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall also be added along with the Department as an Additional Insured on the policy/ies procured pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, both the Department and the railroad
  
  shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The insurance described herein shall be maintained through final acceptance of the work. Both the Department and the railroad shall be notified in writing within ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy or coverage described herein. The Department’s approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights the Department may have.
5. When the Agreement involves work on or in the vicinity of utility-owned property or facilities, the utility shall be added along with the Department as an Additional Insured on the Commercial General Liability policy/ies procured above.
Miscellaneous:
1. Environmental Regulations. The Agency will be solely responsible for compliance with all applicable environmental regulations and for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith.
2. Non-Admission of Liability. In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default.
3. Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law.
4. Agency not an agent of Department. The Agency and the Department agree that the Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement.
5. Bonus or Commission. By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder.
6. Non-Contravention of State Law. Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing so that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project.
7. Execution of Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party.
8. Federal Award Identification Number (FAIN). If the FAIN is not available prior to execution of the Agreement, the Department may unilaterally add the FAIN to the Agreement without approval of the Agency and without an amendment to the Agreement. If this occurs, an
  
  updated Agreement that includes the FAIN will be provided to the Agency and uploaded to the Department of Financial Services’ Florida Accountability Contract Tracking System (FACTS).
9. Inspector General Cooperation. The Agency agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes.
10. Law, Forum, and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The Agency agrees to waive forum and venue and that the Department shall determine the forum and venue in which any dispute under this Agreement is decided.

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

AGENCY Manatee County Port Authority

By: Name: Title:

STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION

By:

Name: John Kubler, P.E. Title: Director of Transportation Development

STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION

Legal Review:

7/30/2020 | 8:04 A

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS

Form 725-000-02 STRATEGIC DEVELOPMENT

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EXHIBIT A

Project Description and Responsibilities

Project Description (description of Agency’s project to provide context, description of project components funded via this Agreement (if not the entire project)): This Agreement provides for the Department's financial participation in Port Manatee's warehouse modernization initiative. This project will improve existing warehouse space to support the uninterrupted flow of cargo through the port. A major activity for this Agreement includes rehabilitation of warehouse 6. The structural integrity of the warehouse 6 building and the equipment maintaining perishable cargo have passed their design lives. Both interior and exterior renovations to the warehouse 6 building are needed. Interior renovations include room floor repairs, bi-parting slide doors, vinyl-strip curtains, room panel system repairs, and single drive in racks. Exterior renovations include insulation/refrigeration of the east truck dock area, complete warehouse renovation including replacement of roofing and all sidewalls, installation of a pre-engineered building, and other building components such as stormwater system components and access points. A minor activity of this Agreement includes rehabilitation of other warehouse spaces on the port.
Project Location (limits, city, county, map): Palmetto, Florida
Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): This Project includes the environmental, design and construction work required to complete the building development activities described in the Project Description, including: aluminum; anchoring components; asphalt paving activities; assemblage; backfilling; compaction; concrete; concrete repair; concrete sealing treatment; construction; construction inspection costs; construction management; consulting services; contractor stand-by; costs estimates; demobilization; demolition; dewatering; drainage systems; doors; drywall; dust control systems; earthwork; electrical systems; elevators; engineering services; entrance canopies; exterior finishes; environmental assessments; fasteners and connectors; fencing; fire protection systems; flooring; framing; form work; geotechnical services; glass and glazing; ground covering; handrails; insulation; interior divider walls; interior finishes and repair; lighting systems; loading dock levelers; masonry; mitigation assessments; mobilization; permitting; plan development (e.g., 30 / 60 / 90 / 100 % and as-builts); plumbing systems; precast concrete; preconstruction engineering and design; procurement cost; ramps; refrigerated container racks; roofing systems; security systems; soil improvement work; shore and slope protection; siding; signage and way finding; stairways; steel; storage rack systems; stormwater management; structural components; surveying; temporary structures; thermal barriers; ventilation systems; utility components; and, windows.
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.
Unallowable Costs (including but not limited to): Travel costs are not allowed.

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.

18 of 30

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS

Form 725-000-02 STRATEGIC DEVELOPMENT

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EXHIBIT B

Schedule of Financial Assistance

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

Fund Type and Fiscal Year:

Financial Management Number	Fund Type	FLAIR Category	State Fiscal Year	Object Code	CSFA/ CFDA Number	CSFA/CFDA Title or Funding Source Description	Funding Amount
444277-1-94-02	PORT	088794	2021	751000	55.005	Seaport Grant Program	$2,250,000
444277-1-94-02	LF	088794	2021	-	-	Local Matching Funds	$2,250,000
	Total Financial Assistance						$4,500,000

Estimate of Project Costs by Grant Phase:

Phases*	State	Local	Federal	Totals	State %	Local %	Federal %
Land Acquisition	$0	$0	$0	$0	0.00	0.00	0.00
Planning	$0	$0	$0	$0	0.00	0.00	0.00
Environmental/Design/Construction	$2,250,000	$2,250,000	$0	$4,500,000	50.00	50.00	0.00
Capital Equipment	$0	$0	$0	$0	0.00	0.00	0.00
Match to Direct Federal Funding	$0	$0	$0	$0	0.00	0.00	0.00
Mobility Management (Transit Only)	$0	$0	$0	$0	0.00	0.00	0.00
Totals	$2,250,000	$2,250,000	$0	$4,500,000

*Shifting items between these grant phases requires execution of an Amendment to the Public Transportation Grant Agreement.

BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES:

I certify that the cost for each line item budget category (grant phase) has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on file evidencing the methodology used and the conclusions reached.

Keith Robbins

Department Grant Manager Name

7/29/2020 | 3:29 PM EDT

Signature Date

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS

Form 725-000-02 STRATEGIC DEVELOPMENT

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EXHIBIT C

TERMS AND CONDITIONS OF CONSTRUCTION

Design and Construction Standards and Required Approvals.
1. The Agency understands that it is responsible for the preparation and certification of all design plans for the Project. The Agency shall hire a qualified consultant for the design phase of the Project or, if applicable, the Agency shall require their design-build contractor or construction management contractor to hire a qualified consultant for the design phase of the Project.
2. Execution of this Agreement by both Parties shall be deemed a Notice to Proceed to the Agency for the design phase or other non-construction phases of the Project. If the Project involves a construction phase, the Agency shall not begin the construction phase of the Project until the Department issues a Notice to Proceed for the construction phase. Prior to commencing the construction work described in this Agreement, the Agency shall request a Notice to Proceed from the Department’s Project Manager, FDOT District 1 Seaport Coordinator (email: keith.robbins@dot.state.fl.us) or from an appointed designee. Any construction phase work performed prior to the execution of this required Notice to Proceed is not subject to reimbursement.
3. The Agency will provide one (1) copy of the final design plans and specifications and final bid documents to the Department’s Project Manager prior to bidding or commencing construction of the Project.
4. The Agency shall require the Agency’s contractor to post a payment and performance bond in accordance with applicable law(s).
5. The Agency shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that the construction work will meet all applicable Agency and Department standards.
6. Upon completion of the work authorized by this Agreement, the Agency shall notify the Department in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineer’s Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached to this Exhibit. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans or specifications, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation.
Construction on the Department’s Right of Way. If the Project involves construction on the Department’s right-of-way, then the following provisions apply to any and all portions of the Project that are constructed on the Department’s right-of-way:
1. The Agency shall hire a qualified contractor using the Agency’s normal bid procedures to perform the construction work for the Project. The Agency must certify that the installation of the Project is completed by a Contractor prequalified by the Department as required by Section 2 of the Standard Specifications for Road and Bridge Construction (2016), as amended, unless otherwise approved by the Department in writing or the Contractor exhibits past project experience in the last five years that are comparable in scale, composition, and overall quality to the site characterized within the scope of services of this Project.
  
  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
  PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS
  Form 725-000-02 STRATEGIC DEVELOPMENT
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2. Construction Engineering Inspection (CEI) services will be provided by the Agency by hiring a Department prequalified consultant firm including one individual that has completed the Advanced Maintenance of Traffic Level Training, unless otherwise approved by the Department in writing. The CEI staff shall be present on the Project at all times that the contractor is working. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by Department. The Department shall approve all CEI personnel. The CEI firm shall not be the same firm as that of the Engineer of Record for the Project. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Notwithstanding the foregoing, the Department may issue a written waiver of the CEI requirement for portions of Projects involving the construction of bus shelters, stops, or pads.
3. The Project shall be designed and constructed in accordance with the latest edition of the Department’s Standard Specifications for Road and Bridge Construction, the Department Design Standards, and the Manual of Uniform Traffic Control Devices (MUTCD). The following guidelines shall apply as deemed appropriate by the Department: the Department Structures Design Manual, AASHTO Guide Specifications for the Design of Pedestrian Bridges, AASHTO LRFD Bridge Design Specifications, Florida Design Manual, Manual for Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (the “Florida Green Book”), and the Department Traffic Engineering Manual. The Agency will be required to submit any construction plans required by the Department for review and approval prior to any work being commenced. Should any changes to the plans be required during construction of the Project, the Agency shall be required to notify the Department of the changes and receive approval from the Department prior to the changes being constructed. The Agency shall maintain the area of the Project at all times and coordinate any work needs of the Department during construction of the Project.
4. The Agency shall notify the Department a minimum of 48 hours before beginning construction within Department right-of-way. The Agency shall notify the Department should construction be suspended for more than 5 working days. The Department contact person for construction is FDOT District 1 Seaport Coordinator.
5. The Agency shall be responsible for monitoring construction operations and the maintenance of traffic (MOT) throughout the course of the Project in accordance with the latest edition of the Department Standard Specifications, section 102. The Agency is responsible for the development of a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of the Department Design Standards, Index 600 series. Any MOT plan developed by the Agency that deviates from the Department Design Standards must be signed and sealed by a professional engineer. MOT plans will require approval by the Department prior to implementation.
6. The Agency shall be responsible for locating all existing utilities, both aerial and underground, and for ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility.
7. The Agency will be responsible for obtaining all permits that may be required by other agencies or local governmental entities.
8. It is hereby agreed by the Parties that this Agreement creates a permissive use only and all improvements located on the Department’s right-of-way resulting from this Agreement shall become the property of the Department. Neither the granting of the permission to use the Department right of way nor the placing of facilities upon the Department property shall operate to create or vest any property right to or in the Agency, except as may otherwise be provided in separate agreements. The Agency shall not acquire any right, title, interest or
  
  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
  PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS
  Form 725-000-02 STRATEGIC DEVELOPMENT
  OGC 02/20
  
  estate in Department right of way, of any nature or kind whatsoever, by virtue of the execution, operation, effect, or performance of this Agreement including, but not limited to, the Agency’s use, occupancy or possession of Department right of way. The Parties agree that this Agreement does not, and shall not be construed to, grant credit for any future transportation concurrency requirements pursuant to Chapter 163, F.S.
9. The Agency shall not cause any liens or encumbrances to attach to any portion of the Department’s property, including but not limited to, the Department’s right-of-way.
10. The Agency shall perform all required testing associated with the design and construction of the Project. Testing results shall be made available to the Department upon request. The Department shall have the right to perform its own independent testing during the course of the Project.
11. The Agency shall exercise the rights granted herein and shall otherwise perform this Agreement in a good and workmanlike manner, with reasonable care, in accordance with the terms and provisions of this Agreement and all applicable federal, state, local, administrative, regulatory, safety and environmental laws, codes, rules, regulations, policies, procedures, guidelines, standards and permits, as the same may be constituted and amended from time to time, including, but not limited to, those of the Department, applicable Water Management District, Florida Department of Environmental Protection, the United States Environmental Protection Agency, the United States Army Corps of Engineers, the United States Coast Guard and local governmental entities.
12. If the Department determines a condition exists which threatens the public’s safety, the Department may, at its discretion, cause construction operations to cease and immediately have any potential hazards removed from its right-of-way at the sole cost, expense, and effort of the Agency. The Agency shall bear all construction delay costs incurred by the Department.
13. The Agency shall be responsible to maintain and restore all features that might require relocation within the Department right-of-way.
14. The Agency will be solely responsible for clean up or restoration required to correct any environmental or health hazards that may result from construction operations.
15. The acceptance procedure will include a final “walk-through” by Agency and Department personnel. Upon completion of construction, the Agency will be required to submit to the Department final as-built plans and an engineering certification that construction was completed in accordance to the plans. Submittal of the final as-built plans shall include one complete set of the signed and sealed plans on 11" X 17" plan sheets and an electronic copy prepared in Portable Document Format (PDF). Prior to the termination of this Agreement, the Agency shall remove its presence, including, but not limited to, all of the Agency’s property, machinery, and equipment from Department right-of-way and shall restore those portions of Department right of way disturbed or otherwise altered by the Project to substantially the same condition that existed immediately prior to the commencement of the Project.
16. If the Department determines that the Project is not completed in accordance with the provisions of this Agreement, the Department shall deliver written notification of such to the Agency. The Agency shall have thirty (30) days from the date of receipt of the Department’s written notice, or such other time as the Agency and the Department mutually agree to in writing, to complete the Project and provide the Department with written notice of the same (the “Notice of Completion”). If the Agency fails to timely deliver the Notice of Completion, or if it is determined that the Project is not properly completed after receipt of the Notice of Completion, the Department, within its discretion may: 1) provide the Agency with written authorization granting such additional time as the Department deems appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies) at the Agency’s sole cost and expense,
  
  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
  PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS
  Form 725-000-02 STRATEGIC DEVELOPMENT
  OGC 02/20
  
  without Department liability to the Agency for any resulting loss or damage to property, including, but not limited to, machinery and equipment. If the Department elects to correct the deficiency(ies), the Department shall provide the Agency with an invoice for the costs incurred by the Department and the Agency shall pay the invoice within thirty (30) days of the date of the invoice.
17. The Agency shall implement best management practices for erosion and pollution control to prevent violation of state water quality standards. The Agency shall be responsible for the correction of any erosion, shoaling, or water quality problems that result from the construction of the Project.
18. Portable Traffic Monitoring Site (PTMS) or a Telemetry Traffic Monitoring Site (TTMS) may exist within the vicinity of your proposed work. It is the responsibility of the Agency to locate and avoid damage to these sites. If a PTMS or TTMS is encountered during construction, the Department must be contacted immediately.
19. During construction, highest priority must be given to pedestrian safety. If permission is granted to temporarily close a sidewalk, it should be done with the express condition that an alternate route will be provided, and shall continuously maintain pedestrian features to meet Americans Disability Act (ADA) standards.
20. Restricted hours of operation will be as follows, unless otherwise approved by the Department’s District Construction Engineer or designee (insert hours and days of the week for restricted operation): Not Applicable
21. Lane closures on the state road system must be coordinated with the Public Information Office at least two weeks prior to the closure. The contact information for the Department’s Public Information Office is:
  
  Insert District PIO contact info:
  Phone: (863) 519-2362; Fax (239) 338-2353
  
  Note: (Highlighted sections indicate need to confirm information with District Office or appropriate DOT person managing the Agreement)
Engineer’s Certification of Compliance. The Agency shall complete and submit and if applicable Engineer’s Certification of Compliance to the Department upon completion of the construction phase of the Project.

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS

Form 725-000-02 STRATEGIC DEVELOPMENT

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ENGINEER’S CERTIFICATION OF COMPLIANCE

PUBLIC TRANSPORTATION GRANT AGREEMENT BETWEEN

THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION

and

PROJECT DESCRIPTION:

DEPARTMENT CONTRACT NO.:

FINANCIAL MANAGEMENT NO.:

In accordance with the Terms and Conditions of the Public Transportation Grant Agreement, the undersigned certifies that all work which originally required certification by a Professional Engineer has been completed in compliance with the Project construction plans and specifications. If any deviations have been made from the approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each deviation, will be attached to this Certification. Also, with submittal of this certification, the Agency shall furnish the Department a set of “as-built” plans for construction on the Department’s Right of Way certified by the Engineer of Record/CEI.

By: , P.E.

SEAL: Name:

Date:

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS

Form 725-000-02 STRATEGIC DEVELOPMENT

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EXHIBIT D AGENCY RESOLUTION

PLEASE SEE ATTACHED

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS

Form 725-000-02 STRATEGIC DEVELOPMENT

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EXHIBIT E

PROGRAM SPECIFIC TERMS AND CONDITIONS – SEAPORTS

General.
1. These assurances shall form an integral part of the Agreement between the Department and the Agency.
2. These assurances delineate the obligations of the parties to this Agreement to ensure their commitment and compliance with specific provisions of Exhibit “A”, Project Description and Responsibilities and Exhibit “B”, Schedule of Financial Assistance as well as serving to protect public investment in seaports and the continued viability of the State Seaport System.
3. The Agency shall comply with the assurances as specified in this Agreement.
Required Documents. The documents listed below, as applicable, are required to be submitted to the Department by the Agency in accordance with the terms of this Agreement:
1. Quarterly Progress Reports provided within thirty (30) days of the end of each calendar year quarter, if requested by the Department.
2. Electronic invoice summaries and backup information, including a progress report must be submitted to the District Office when requesting payment.
3. All proposals, plans, specifications, and third party contracts covering the Project.
4. The Agency will upload required and final close out documents to the Department's web-based grant management system (e.g., SeaCIP.com).
Duration of Terms and Assurances.
1. The terms and assurances of this Agreement shall remain in full force and effect throughout the useful life of a facility developed; equipment acquired; or Project items installed within a facility for a seaport development project, but shall not exceed 20 years from the effective date of this Agreement.
2. There shall be no limit on the duration of the terms and assurances of this Agreement with respect to real property acquired with funds provided by the State of Florida.
Compliance with Laws and Rules. The Agency hereby certifies, with respect to this Project, it will comply, within its authority, with all applicable, current laws and rules of the State of Florida and local governments, which may apply to the Project. Including but not limited to the following (current version of each):
1. Chapter 311, Florida Statutes (F.S.)
2. Local Government Requirements
  1. Local Zoning/Land Use Ordinance
  2. Local Comprehensive Plan
Construction Certification. The Agency hereby certifies, with respect to a construction-related project, that all design plans and specifications will comply with applicable federal, state, local, and professional standards, including but not limited to the following:
1. Federal Requirements
2. Local Government Requirements
  1. Local Building Codes
  2. Local Zoning Codes
3. Department Requirements
  1. Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (Commonly Referred to as the “Florida Green Book”)
  2. Manual on Uniform Traffic Control Devices
Consistency with Local Government Plans.
1. The Agency assures the Project is consistent with the currently existing and planned future land use development plans approved by the local government having jurisdictional responsibility for the area surrounding the seaport.
2. The Agency assures that it has given fair consideration to the interest of local communities and has had reasonable consultation with those parties affected by the Project.
  
  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
  PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS
  Form 725-000-02 STRATEGIC DEVELOPMENT
  OGC 02/20
3. The Agency assures that the Comprehensive Master Plan, if applicable, is incorporated as part of the approved local government comprehensive plan as required by Chapter 163, F.S.
Land Acquisition Projects. For the purchase of real property, the Agency assures that it will:
1. Acquire the land in accordance with federal and state laws governing such action.
2. Maintain direct control of Project administration, including:
  1. Maintain responsibility for all related contract letting and administrative procedures.
  2. Ensure a qualified, State certified general appraiser provides all necessary services and documentation.
  3. Furnish the Department with a projected schedule of events and a cash flow projection within 20 calendar days after completion of the review appraisal.
  4. Establish a Project account for the purchase of the land.
  5. Collect and disburse federal, state, and local Project funds.
3. The Agency assures that it shall use the land for seaport purposes in accordance with the terms and assurances of this Agreement within 10 years of acquisition.
Preserving Rights, Powers and Interest.
1. The Agency will not take or permit any action that would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms and assurances of this Agreement without the written approval of the Department. Further, it will act promptly to acquire, extinguish, or modify, in a manner acceptable to the Department, any outstanding rights or claims of right of others which would interfere with such performance by the Agency.
2. If an arrangement is made for management and operation of the funded facility or equipment by any entity or person other than the Agency, the Agency shall reserve sufficient rights and authority to ensure that the funded facility or equipment will be operated and maintained in accordance with the terms and assurances of this Agreement.
3. The Agency will not sell or otherwise transfer or dispose of any part of its title or other interests in the funded facility or equipment without prior written approval by the Department. This assurance shall not limit the Agency’s right to lease seaport property, facilities or equipment for seaport-compatible purposes in the regular course of seaport business.
Third Party Contracts. The Department reserves the right to approve third party contracts, except that written approval is hereby granted for:
1. Execution of contracts for materials from a valid state or intergovernmental contract. Such materials must be included in the Department approved Project scope and/or quantities.
2. Other contracts less than $5,000.00 excluding engineering consultant services and construction contracts. Such services and/or materials must be included in the Department approved Project scope and/or quantities.
3. Construction change orders less than $5,000.00. Change orders must be fully executed prior to performance of work.
4. Contracts, purchase orders, and construction change orders (excluding engineering consultant services) up to the threshold limits of Category Three. Such contracts must be for services and/or materials included in the Department approved Project scope and/or quantities. Purchasing Categories and Thresholds are defined in Section 287.017, F.S., and Chapter 60, Florida Administrative Code. The threshold limits are adjusted periodically for inflation, and it shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Agreement comply with the current threshold limits. Obligations made in excess of the appropriate limits shall be cause for Department non- participation.
5. In all cases, the Agency shall include a copy of the executed contract or other agreement with the backup documentation of the invoice for reimbursement of costs associated with the contract.
Inspection or verification and approval of deliverables. Section 215.422(1), F.S., allows 5 working days for the approval and inspection of goods and services unless the bid specifications, purchase orders, or contracts specifies otherwise. The Agreement extends this timeline by specifying that the inspection or verification and approval of deliverables shall take no longer than 20 days from the Department’s receipt of an invoice.

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS
Form 725-000-02 STRATEGIC DEVELOPMENT
OGC 02/20
Federal Navigation Projects
1. Funding reimbursed from any federal agency for this Project shall be remitted to the Department, in an amount proportional to the Department’s participating share in the Project. The Agency shall remit such funds to the Department immediately upon receipt.
2. Department funding, as listed in Exhibit “B”, Schedule of Financial Assistance, may not be used for environmental monitoring costs.
Acquisition of Crane. Department funding, as listed in Exhibit “B”, Schedule of Financial Assistance will be cost reimbursed using the following schedule, unless stated otherwise in Exhibit “A”, Project Description and Responsibilities:
1. Sixty (60) percent after landside delivery and acceptance by the Agency.
2. Forty (40) percent after installation and commissioning has been completed.

-- End of Exhibit E --

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS

Form 725-000-02 STRATEGIC DEVELOPMENT

OGC 02/20

EXHIBIT F

Contract Payment Requirements

Florida Department of Financial Services, Reference Guide for State Expenditures

Cost Reimbursement Contracts

Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided.

Listed below are types and examples of supporting documentation for cost reimbursement agreements:

Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable.
Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown.

Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits.
Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means.
Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State.
In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable.

Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown.

Contracts between state agencies, and/or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports.

The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address https://www.myfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateExpenditures.pdf.

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS

Form 725-000-02 STRATEGIC DEVELOPMENT

OGC 02/20

EXHIBIT G

AUDIT REQUIREMENTS FOR AWARDS OF STATE FINANCIAL ASSISTANCE

THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:

SUBJECT TO SECTION 215.97, FLORIDA STATUTES:~

Awarding Agency: Florida Department of Transportation

State Project Title: Seaport Grant Program

CSFA Number: 55.005

*Award Amount: $2,250,000

*The award amount may change with amendments

Specific project information for CSFA Number 55.005 is provided at: https://apps.fldfs.com/fsaa/searchCatalog.aspx

COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT:

State Project Compliance Requirements for CSFA Number 55.005 are provided at: https://apps.fldfs.com/fsaa/searchCompliance.aspx

The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx

DocuSign Envelope ID: AD0AA534-E67C-4928-AA08-A2CCC3F278AB

To: Keith.Robbins@dot.state.fl.us

FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL

G1P32 7/22/2020

CONTRACT INFORMATION

Contract:	G1P32
Contract Type:	GD - GRANT DISBURSEMENT (GRANT)
Method of Procurement:	G - GOVERMENTAL AGENCY (287.057,F.S.)
Vendor Name:	COUNTY OF MANATEE
Vendor ID:	F596000727160
Beginning Date of This Agreement:	08/31/2020
Ending Date of This Agreement:	05/31/2024
Contract Total/Budgetary Ceiling:	ct = $2,250,000.00
Description:	FSTD Grant for Port Manatee Warehouse Modernization

FUNDS APPROVAL INFORMATION

FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER ON 7/22/2020

Action:	Original
Reviewed or Approved:	APPROVED
Organization Code:	55012020129
Expansion Option:	A6
Object Code:	751000
Amount:	$2,250,000.00
Financial Project:	44427719402
Work Activity (FCT):	215
CFDA:
Fiscal Year:	2021
Budget Entity:	55100100
Category/Category Year:	088794/21
Amendment ID:	O001
Sequence:	00
User Assigned ID:
Enc Line (6s)/Status:	0001/04

Total Amount: $2,250,000.00

Page1 of 1

August 25, 2020

CONSENT

AGENDA ITEM 1.E.: PORT INSURANCE RENEWALS 2020-2021 BACKGROUND:

On March 1, 2019, a Request for Proposals (RFP) for property and casualty insurance coverage was advertised. Three agencies responded to the RFP for all or some of the coverage requested. A bid opening was held in port offices on July 19, 2019. The Port’s risk consultant, Interisk Corporation, reviewed the proposals and made recommendations based on premiums, deductibles, coverage levels and insurance carriers quoted. The carriers remain unchanged.

ATTACHMENT: N/A

COST AND FUNDING SOURCE:

Port Authority Budget for Fiscal Year 2020-21 in the amount of $342,613.

CONSEQUENCES IF DEFERRED:

Lapses in insurance coverage.

LEGAL COUNSEL REVIEW: N/A

RECOMMENDATIONS:

Move to approve the following estimated insurance coverage (actual premium quotes have not been received yet) for the Port Authority with possible increases/decreases due to actual invoice and changes in insurance coverage:

The Florida Municipal Insurance Trust (FMIT) for Real & Personal Property for an estimated premium of $166,191. Boiler and Machinery and Crime included in Real & Personal Property coverage.
Boyd Insurance & Investment Services for Inland Marine, Vehicle Liability and Workers’ Compensation for estimated premiums of $24,532, $11,209 and $30,239, respectively
McGriff, Seibels & Williams, Inc. for estimated Port Liability - $70,442, estimated Umbrella - $40,000, Public Officials (included in Port Liability) and Railroad (included in Port Liability).

August 25, 2020

CONSENT

AGENDA ITEM 1.F.: ASSET DELETION BACKGROUND:

A Port radio inside a 2016 Jeep Cherokee which was unsalvageable due to fire should be removed from the Manatee County Port Authority Fixed Assets Listing.

ATTACHMENT:

Asset Deletion – August 25, 2020

COST AND FUNDING SOURCE:

N/A.

CONSEQUENCES IF DEFERRED:

Delay in updating property records.

LEGAL REVIEW: N/A

RECOMMENDATION:

Remove asset as listed on the attached Asset Deletion – August 25, 2020 from the Fixed Assets Listing.

Asset Deletion - August 25, 2020

Asset

# Description

Date

Serial/VIN# Purchased Cost

Value

Status Remarks

47530

Radio, Orion

23505318

3/17/2005

$ 2,833.92

$ -

Damaged

Inside car-fire

August 25, 2020

CONSENT

AGENDA ITEM 1.G.: PORT MANATEE TARIFF NO. 3 ITEMS 281 AND

441

BACKGROUND:

Port Manatee Tariff No. 3 Item 281 adds a $5,000 initial application fee for harbor tugboat operations and Item 441 corrects a scrivener’s error.

ATTACHMENT:

Port Manatee Tariff No. 3 Items 281 and 441

COST AND FUNDING SOURCE:

N/A.

CONSEQUENCES IF DEFERRED:

N/A

LEGAL COUNSEL REVIEW: N/A

RECOMMENDATION:

Move to approve the initial application fee for harbor tugboat operations in Item 281 and Item 441 correction in the Port Manatee Tariff No. 3.

PORT MANATEE TARIFF NO. 3			7th Revised Page 19-A Canc. 6th Rev. P. 19-A
SECTION TWO RULES AND REGULATIONS
ITEM	SUBJECT	APPLICATION
281 ♦	Harbor Tugboat, Crane and Other Service Agreements	1. Monthly payment (no later than the 10th of each month) of an amount equal to a negotiated percentage of the previous month’s gross revenue derived by said operator from shipping agents, vessels or others for providing harbor tug services at Port Manatee.
		2. All parties interested in acquiring a harbor tugboat or crane and similar license agreement must first furnish completed application to be provided by the Port Authority.
		a. Initial Harbor Tugboat Application Fee $5,000
		THIS SPACE LEFT INTENTIONALLY BLANK
Issued: 08/25/20		Effective: 08/25/20
Increase		Issued by: Manatee County Port Authority

PORT MANATEE TARIFF NO. 3			14th Revision Page 31-A Cancels 13th Rev. P. 31-A
SECTION FOUR RATES AND CHARGES
ITEM	SUBJECT	APPLICATION
441 ▲	Charge for Refrigerated Containers	~~Thirty Six Dollars and Forty Cents~~ Thirty Seven Dollars and Eighty Six Cents $37.86 to engage an outlet for refrigerated containers for each day (midnight to midnight) or any fraction thereof.
		The Port Authority assumes no liability for personal injury or property damage, including damage to the property of the Port, except as caused by its own negligence.
		The Port Authority does not warrant the delivery of power to an outlet nor the mechanical condition of equipment furnished hereunder. Users of outlets, by accepting possession and use thereof, agree that upon termination of the period of use, said outlets will be returned to the Port in the same condition as when received, ordinary wear and alone excepted.
442	Dockside Repairs, Manipulation & Fabrication	Any waterborne craft residing on the dockside engaged in repairs, fabrication or manipulation shall be assessed a dockage rate per day or any fraction thereof based on length overall (LOA) per tariff item 396.
Issued: 08/25/20		Effective: 08/25/20
▲ Change in Wording		Issued by: Manatee County Port Authority

August 25, 2020

AGENDA ITEM 2.: PERSONNEL POLICY REVISION BACKGROUND:

The Personnel Policy of the Manatee County Port Authority was reviewed by legal counsel in comparison to the Manatee County Board of County Commissioner’s Personnel Policy, Rules, and Procedures Manual. To align the policies where applicable, the Port’s policy was revised.

ATTACHMENT:

Chapter 5 entitled “Manatee County Port Authority Personnel Policy, Rules, and Procedures Manual” of the Port Authority Policies

COST AND FUNDING SOURCE:

N/A.

CONSEQUENCES IF DEFERRED:

N/A

LEGAL COUNSEL REVIEW: Yes

RECOMMENDATION:

Move to approve the revised Chapter 5 entitled “Manatee County Port Authority Personnel Policy, Rules, and Procedures Manual” of the Port Authority Policies.

MANATEE COUNTY PORT AUTHORITY

PERSONNEL POLICY, RULES, AND PROCEDURES MANUAL

APPROVED IN OPEN SESSION AUGUST 25, 2020 EFFECTIVE AUGUST 25, 2020

GENERAL POLICY STATEMENT i

Equal Employment Opportunity ii

I. EMPLOYMENT.......................................................................................................................................... I-1

A. Regular Employment .............................................................................................................................. I-1

B. Temporary Employment ......................................................................................................................... I-3

C. Employment of Relatives (Nepotism)..................................................................................................... I-4

D. Re-Employment and Disqualification..................................................................................................... I-5

II. PERSONNEL FILES..................................................................................................................................II-1

A. File Location and Content......................................................................................................................II-1

B. Access to and Retention of Official Personnel Files..............................................................................II-3 III. PROBATIONARY PERIOD.................................................................................................................... III-1

IV. PAY, HOURS OF WORK AND WORKWEEK ..................................................................................... IV-1 A. General Policies ................................................................................................................................... IV-1

B. Allocation of Work Hours, Workweek and Work Period .................................................................... IV-2

C. Pay Eligibility ...................................................................................................................................... IV-4

D. Work Time Records and Emergency Conditions................................................................................. IV-7

E. Salary Basis Compensation Questions................................................................................................. IV-8

F. Forms ................................................................................................................................................... IV-9 V. CLASSIFICATION AND PAY PLAN ......................................................................................................V-1

A. General Policies .....................................................................................................................................V-1

B. Administration .......................................................................................................................................V-2

C. Application.............................................................................................................................................V-3

VI. HOLIDAYS .............................................................................................................................................. VI-1

A. Administration ..................................................................................................................................... VI-1

B. Listing of Holidays............................................................................................................................... VI-3

VII. LEAVES OF ABSENCE ......................................................................................................................... VII-1

A. Vacation Leave ................................................................................................................................... VII-1

B. Sick Leave........................................................................................................................................... VII-4

C. Bereavement Leave............................................................................................................................. VII-9

D. Military Leave................................................................................................................................... VII-10

E. Jury Leave ......................................................................................................................................... VII-13

F. Witness Leave ................................................................................................................................... VII-14

G. Disability Leave ................................................................................................................................ VII-15

H. Domestic Violence Leave ................................................................................................................. VII-18

I. Leaves of Absence Without Pay ....................................................................................................... VII-19

J. Family and Medical Leave Act of 1993 (FMLA) ............................................................................. VII-20

ABSENCE WITHOUT AUTHORITY I-1
NON-DISCIPLINARY SEPARATIONS FROM PORT EMPLOYMENT............................................. IX-1 A. Resignation........................................................................................................................................... IX-1

B. Retirement ............................................................................................................................................ IX-2

C. Death .................................................................................................................................................... IX-3

D. Layoff................................................................................................................................................... IX-4

E. Disability Separation/Reasonable Accommodation............................................................................. IX-6 X. CODE OF ETHICS.....................................................................................................................................X-1

XI. DISCIPLINE AND DISCHARGE ........................................................................................................... XI-1

A. General Provisions ............................................................................................................................... XI-1

B. Grounds for Discipline or Discharge ................................................................................................... XI-2

C. Progressive Discipline.......................................................................................................................... XI-7

D. Appeal Process ..................................................................................................................................... XI-9 XII. EMPLOYEE COMPLAINT PROCEDURE ........................................................................................... XII-1

A. General Provisions .............................................................................................................................. XII-1

B. Procedural Steps.................................................................................................................................. XII-2

C. Prohibition Against Retaliation........................................................................................................... XII-4

XIII. ILLEGAL DISCRIMINATION OR HARASSMENT............................................................................ XII-1 A. Policy .................................................................................................................................................. XII-1

B. Definitions........................................................................................................................................... XII-1

C. Procedure ............................................................................................................................................ XII-1 XIV.EMPLOYEE RECOGNITION PROGRAM ......................................................................................... XIV-1

XV. EMPLOYEE PERFORMANCE EVALUATION SYSTEM ..................................................................XV-1

XVI.OUTSIDE EMPLOYMENT, ENTERPRISE, BUSINESS ................................................................... XVI-1 XVII. POLITICAL ACTIVITY .............................................................................................................. XVII-1

XVIII. SAFETY.......................................................................................................................................XVIII-1

XIX.PROFESSIONAL DEVELOPMENT.................................................................................................... XIX-1

XX. TRAVEL TIME .......................................................................................................................................XX-1 XXI.WORKPLACE VIOLENCE AND THREATS ..................................................................................... XXI-1 XXII. UNIFORMS .................................................................................................................................. XXII-1

XXIII. MISCELLANEOUS POLICIES ..................................................................................................XXIII-1

A. Departmental Rules.........................................................................................................................XXIII-1

B. General Appearance and Work Attire.............................................................................................XXIII-1

C. Port Property and Supplies..............................................................................................................XXIII-1

D. Port Communications Equipment ...................................................................................................XXIII-1

E. Address and Telephone Number .....................................................................................................XXIII-1

F. Solicitation of Contributions, Memberships, or Business ...............................................................XXIII-2

G. Statements by Port Employees to Attorneys, Law Firms, or Others Concerning Employees or Port Business ..........................................................................................................................................XXIII-2

H. Media Relations, Requests for Interviews.......................................................................................XXIII-2

I. Recording Workplace Communications Prohibited........................................................................XXIII-3

J. Loss of or Failure to Obtain Professional Certification or License.................................................XXIII-3

K. Searches on Port Property ...............................................................................................................XXIII-4

L. Employee Arrest or Charge.............................................................................................................XXIII-4

M.Use of Tobacco and “e cigarettes” ..................................................................................................XXIII-4

N. Communicable Diseases .................................................................................................................XXIII-4

O. Inventions and Intellectual Property ...............................................................................................XXIII-5

P. Letters of Reference ........................................................................................................................XXIII-5

Q. Funds Owed by Employees; Debt Collection Calls ........................................................................XXIII-5

USE OF PORT VEHICLES & USE OF PRIVATE VEHICLES FOR PORT BUSINESS ....... XXIV-1

GENERAL POLICY STATEMENT
Excellence in government public service is attained, in part, through personnel systems that reflect merit principles and sound administrative management. It is the intent of the Manatee County Port Authority (“Port Authority”) that its Personnel Policies, Rules and Procedures Manual (“Personnel Policies” or “Manual”) provide firm and clear direction to its employees.

The Executive Director, through the Port Authority’s department directors, is charged with ensuring that the provisions of this Manual are implemented and made known to the employees of Port Manatee. It is the intent of the Port Authority that no unlawful discrimination exist in the application and administration of any Port Authority’s policy, practice, rule or regulation.

These Personnel Policies do not create, and are not intended to create, a promise or representation of continued employment, employment for a specified period of time, or an employment contract. Employment with Port Manatee is employment at will and may be terminated at any time. Port Manatee has the right to discontinue the employment relationship at any time and for any reason with or without cause.

The provisions contained within this Manual are and shall be considered as part of the terms and conditions of employment of all employees with Port Manatee and should thus be adhered to by all employees. The Port Authority reserves the right to establish, modify, or make exceptions to these rules when necessary. Any question concerning the interpretation or application of these rules shall be referred to the Executive Director for resolution.

The Port Authority endeavors to include a comprehensive overview of the rules and policies governing employment with Port Manatee within this Manual. However, from time to time there may be additional personnel rules or policies issued by the Port Authority. The Port Authority reserves the right to amend or discontinue these rules and policies at any time. The Executive Director or a particular department head may also issue additional rules. All such additional rules shall also constitute a part of the terms of employment and a violation of such may subject an employee to discipline.
Equal Employment Opportunity

It is the continuing policy of the Port Authority to promote the concepts of equal employment opportunity and to comply with all federal, state and local laws, rules and regulations pertaining to fair employment practices.
1. All employees and applicants for employment will be treated fairly with respect to all terms and conditions of employment regardless of race, color, religion, sex, national origin, ancestry, gender, age, marital status, sexual orientation, gender identity, genetic information, veteran status, citizenship, disability or any other legally protected characteristic in accordance with applicable federal, state and local laws.
2. All personnel opportunities and decisions related to employment, promotions, transfers, reclassifications, compensation, benefits, performance ratings, training courses and programs, layoffs, returns from layoff, terminations, and all other aspects of employment with Port Manatee will be in accordance with the principles of equal opportunity.
3. The concept of equal employment opportunity includes the prohibition of illegal discriminatory behavior which includes a prohibition on harassment based on race, color, religion, sex, national origin, ancestry, gender, age, marital status, sexual orientation, gender identity, genetic information, veteran status, citizenship, disability or any other legally protected characteristic in accordance with applicable federal, state and local laws. Illegal discrimination or harassment is discussed further in Section XIII.
4. Employees who allege that they have been unlawfully discriminated against may file a complaint pursuant to the process outlined in this Manual at Section XIII Illegal Discrimination or Harassment. Non-employee applicants alleging unlawful discrimination must complain in writing to the Administration Department Director, who will conduct an investigation in accordance with the applicable portions of the complaint process.

EMPLOYMENT Section: I-A

A. Regular Employment

EMPLOYMENT
A. Regular Employment
1. In the interest of hiring “best qualified and available” people to meet Port Manatee’s employment requirements, and to avoid favoritism in hiring practices, the Administration Department is responsible for ensuring that all interested applicants have an equal opportunity to apply for employment.
2. Notices of open positions will be published interdepartmentally and/or publicly according to the department's request and concurrence of the Administration Department. Notwithstanding the foregoing, where a department director or other official with hiring authority determines that a particular candidate is fully qualified for a position (for instance where an intern or employee in acting status has been working successfully in the position for some time), the Executive Director or designee may authorize that candidate to be offered the position without the need to post the position. However, to prevent undue favoritism or nepotism and ensure a diverse, well qualified work force, this exception should not be regularly used in place of posting opportunities and allowing candidates to apply.
3. Applicants for employment are required to apply to the Administration Department in the form and manner, including electronic application submission, as the department designates. Applicants who make initial contact with an individual Port department and/or applications/resumes received by other Port departments shall immediately be directed to the Administration Department. The Executive Director or designee may grant exceptions for certain special programs.
4. Applications are accepted for announced openings during the published advertising period.
5. Pursuant to Chapter 295, Florida Statutes, certain veterans and individuals with particular relationships to veterans may be entitled to preference in the filling of positions.
6. Once a position has been filled, the position is closed. Should one or more of the same position come open again within sixty days after first being filled, a department may make an offer to the next most qualified candidate from among the original applications. Alternatively, or if the vacancy arises more than sixty days later, the position will, absent an exception approved by the Executive Director, be re-advertised and new applications sought.
7. Employees chosen for interview for other Port jobs will be allowed to interview during work hours if necessary. Departments shall work with the employee to make reasonable adjustments to the employee’s schedule to permit the interview. If the interview takes place during the employee's scheduled work hours, the time will not be paid, and employees should use available vacation leave for such purposes. All other interviews are unpaid.
8. The Administration Director may establish eligibility registers for positions as required by turnover frequency or other recruitment issues. Positions that are identified by departments or the Administration Department as being vacant on a regular basis or having certain
  1. EMPLOYMENT Section: I-A
    1. Regular Employment
      
      recruitment needs, may have an eligibility register of qualified applicants established. The Executive Director is responsible for establishing the registers in accordance with the Port’s policy of non-discrimination.
9. Employees will be offered employment through a conditional offer of employment. The Executive Director or designee is authorized to adopt such forms and procedures as are deemed necessary to effectively implement these employment policies and to conduct such pre-employment screening as may be either legally or administratively required, including background and reference checks and physical or psychological examinations related to job functions. For any position requiring a pre-employment, post-offer examination, it shall be job-related, and given uniformly to all candidates conditionally offered the position. Candidates must meet/satisfy any established screening requirements and any candidate who fails to do so may be denied employment.
10. The term “at-will” or “serving at-will” shall mean that employees serve at the will and pleasure of the Port Authority.
11. A volunteer is a person who, of his or her own free will, provides goods or services to the Port without receiving monetary or material compensation. Volunteers are not Port employees for any purpose. However, volunteers are eligible for worker’s compensation benefits and must comply with all related Port reporting procedures.
12. Employment of persons under 18 years of age in either regular or temporary positions shall be subject to and in accordance with applicable child labor laws.

I. EMPLOYMENT Section: I-B

Temporary Employment

B. Temporary Employment

Temporary employment, for purposes of this Policy, shall include:
1. Temporary positions which cannot extend beyond six (6) consecutive calendar months.
2. On-call positions where employees are called unexpectedly, on an as-needed basis, to complete a specific task or assignment.
3. Temporary Agency (contingency workers) where employees are contracted through an outside staffing firm or source for a limited period of time.
4. Student intern positions follow guidelines provided in Section I.B.3.
5. Other temporary employment programs, not specifically defined herein, shall be considered at the option of the Executive Director or designee in compliance with any federal, State or local laws, rules or regulations governing such programs.
Unless waived by the Executive Director, employment procedures described in Section I.A shall apply to employees hired in temporary positions with the exception of temporary employees defined in Section I.B.1., subsections c. d. or e.
Student Interns
1. The Port periodically provides internship opportunities for students to experience work in the maritime industry that is relevant to their educational goals and objectives or personal career interests.
2. Interns shall not be recruited to fill regularly authorized position vacancies or displace regular employees. Interns are considered temporary employees and are not eligible for benefits provided regular employees. Intern appointments shall not exceed 12 months.
3. The Executive Director will establish the terms of the internship program, including whether the position is a paid position or an unpaid volunteer position.
Employment of temporary personnel shall be subject to the equal employment opportunity provisions of this Policy.

I. EMPLOYMENT Section: I-C

C. Employment of Relatives (Nepotism)

Employment shall be in compliance with Florida Statutes § 112.3135 regarding “Restriction on employment of relatives.” Pursuant to this section, a public official may not appoint, employ, promote, or advance, or advocate for appointment, employment, promotion, or advancement, in or to a position in which the official is serving or over which the official exercises jurisdiction or control any relative of the public official. An individual may not be appointed, employed, promoted, or advanced in or to a position if such appointment, employment, promotion, or advancement has been advocated by a public official, serving in or exercising jurisdiction or control over Port Manatee a Port department or office, who is a relative of the individual or if such appointment, employment, promotion, or advancement is made by a Port Authority board of which a relative of the individual is a member.
Relative, for purposes of this Section only, means an individual who is related to the public official as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in- law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half- brother, or half-sister; but shall not include any other relatives who become related by law or marriage not specifically listed above.
Public official, hereinafter referred to as "official," shall include, but not be limited to Port Authority members, the Executive Director, department and office directors, assistant directors, managers, supervisory employees and any other Port employee authorized to make employment-related recommendations or decisions, whether the official is elected, contracted, appointed, or hired.
It is the Port’s policy to prohibit an official from having direct supervision over any employee who is a relative of the official, as more fully set forth in Paragraphs 1 and 2, above.
It is the Port’s policy to prohibit an official from having direct supervision over any employee to whom the official is engaged or is otherwise involved in a current romantic relationship.
Direct supervision shall include any situation in which the official would be in a position to make decisions concerning the terms and conditions of the person’s employment with the Port including decisions about hiring, promotion, transfer, reclassification, compensation, benefits, work assignments, performance evaluations, training courses and programs, layoffs, return from layoff, termination, and all other tangible aspects of employment.

EMPLOYMENT Section: I-D
D. Re-Employment and Disqualification

D. Re-Employment and Disqualification

Former employees who left in good standing are eligible for re-employment, subject to the same qualifications as other applicants.
PERSONNEL FILES Section: II-A

A. File Location and Content

PERSONNEL FILES
A. File Location and Content
1. The Port’s official records of present and past employees' personnel files are maintained by the Administration Department. The Administration Department Director is the custodian of these records and may delegate maintenance and control responsibilities to staff members.
2. The Administration Department shall develop, revise and authorize all forms related to personnel matters. Therefore, absent specific authorization from the Administration Department Director to the contrary, departments may not promulgate or make use of any customized or unauthorized personnel forms, including leave requests, time records or employee evaluations. Department directors may, however, compile informational files on their employees. These files may duplicate information in the "official" personnel files. The department director is the custodian of personnel files maintained in his/her area of responsibility.
3. Public Records requests made for personnel files must be referred to the Administration Department for response. The Executive Director, or designee, shall be responsible for reviewing files to ascertain any information which has been designated as exempt from public records disclosure, and in conjunction with the Port’s legal counsel, asserting applicable public records exemptions for such files.
  
  NOTE: Employees holding certain positions are entitled under Florida law to request that certain personally-identifying information such as home addresses, not be released by other governmental agencies which may be in possession of this information. It is the responsibility of each employee holding such a position to make these requests to other governmental agencies.
4. The official personnel record, which will be maintained by the Administration Department, shall contain at least the following documents regarding the employee:
  1. The employee’s initial and any subsequent employment/transfer/promotion applications; I-9 form; Social Security card copy; interview forms; Oath of Employment; Drug Acknowledgment/Consent form; employment contract (if applicable); acknowledgment of receipt of policies and benefits; Conditional Offer of Employment forms; pre- employment testing results; Retirement Enrollment Form (when applicable); approved forms authorizing employment; and other related documents.
  2. The employee’s Performance Evaluation forms;
  3. All official personnel actions, such as promotions, transfers, and pay increases;
  4. Records concerning discipline given to the employee;
  5. Acknowledgement forms demonstrating an employee’s receipt of Port policies;
    1. PERSONNEL FILES Section: II-A
      1. File Location and Content
  6. Records demonstrating attendance at Port training sessions.

The personnel record may also contain the following items, at the discretion of the Executive Director or designee:
1. Written responses to Employee Evaluations;
2. Correspondence from citizens, co-workers, etc., concerning the employee’s performance of his or her job or contribution to the community;
3. Records regarding an employee’s education or professional credentials;
4. Such other records as the Administration Department Director may deem appropriate for inclusion or which may, by law, be required to be included.
The Administration Department will also keep and maintain confidential files which contain medical information, including drug test results, of current or former employees, which may be included in the official personnel file, or kept in a separate file, as may be required by law.
Standardized administrative procedures have been developed to control, maintain and request disposition of personnel files in accordance with rules of the Florida Division of Archives, History and Records Management.

PERSONNEL FILES Section: II-B
B. Access to and Retention of Official Personnel Files
1. Personnel files (official and informational copies) are public records subject to review under Section 119.07, Florida Statutes, subject to any applicable exemption(s). Official employee personnel files may be reviewed at the Administration Department during normal working hours. The records custodian, or designee, will assist and supervise during the review. Documents cannot be removed or rearranged within the official personnel file during review.
  
  NOTE: Employees holding certain positions are entitled under Florida law to request that certain personally-identifying information such as home addresses, not be released by other governmental agencies which may be in possession of this information. It is the responsibility of each employee holding such a position to make these requests to other governmental agencies.
2. Requests concerning past or present employee personnel information should be referred to the Administration Department. The Administration Department Director, or designee, will respond to inquiries from agencies and the general public regarding disclosure of official personnel data.
3. In accordance with the Florida Public Records Act, copies of personnel files may be made and furnished to requesters upon payment of the statutory fees. Money collected is remitted to Port Manatee for deposit in the Port’s general fund. Employees are not charged for single copies made from their official personnel files. However, they shall be charged the established rate for additional copies. The Administration Department is responsible for reviewing a personnel file prior to production or copying to ensure all material exempt from public records disclosure has been covered.
4. Official personnel files must be retained for a length of time determined by the State of Florida Bureau of Archives and Records Management. This period is currently fifty (50) years following the employee's effective date of separation from Port employment. Because of the permanency of such records, department directors must carefully review documents to determine their necessity before requesting entry to the "official" personnel file. The Administration Department Director, in consultation with the Port’s legal counsel, is authorized to develop administrative procedures concerning the proper storage of, and access to, records, including medical files, of current or former employees.
PROBATIONARY PERIOD Section: III

PROBATIONARY PERIOD
1. The first six (6) months of employment serve as a probationary period for employees filling regular full-time or part-time positions and are used for the following:
  1. To provide an adjustment period for an employee to become familiar with his/her job duties and responsibilities.
  2. To provide on-the-job instruction, guidance and counseling.
  3. To observe and evaluate employee job performance.
  4. To remove/discharge an employee whose job performance fails to meet required work standards or who, for reasons stated in Section XI.B., must be removed/discharged for other reasons.
2. Paid time off accrues during the probationary period. Employees in their probationary period can use accrued sick or vacation hours subject to normal approval procedures. Any use of paid leave during the probationary period will extend the probationary period by the number of days of paid leave that was used.
3. A department director may recommend an extension of the probationary period for up to three (3) additional months if at the end of the six (6) months’ probationary period it cannot be determined whether the employee meets the requirements of the job.
4. Probationary employees who leave Port employment are paid their compensatory time. This payment is made at the employee's regular rate of pay at the time of separation. If service is terminated by death, payment is made as authorized by Chapter 222.15, Florida Statutes. No accrued vacation leave or sick leave shall be due or paid.
5. Employees who are promoted or demoted to a different classification shall serve a three (3) month probationary period. This period may be waived or extended based upon the request of the department director in consultation with the Executive Director.
6. If an employee fails to successfully complete the probationary period for a position that the employee was demoted into, the employee will be terminated. If an employee fails to successfully complete the probationary period for a position that the employee was promoted into, the employee may be returned to the employee’s former position if that position is vacant and upon the approval of the Executive Director.
  PERSONNEL POLICY, RULES, AND PROCEDURES MANUAL
PAY, HOURS OF WORK AND WORKWEEK Section: IV- A

A. General Policies

PAY, HOURS OF WORK AND WORKWEEK
1. General Policies
  1. Due to the variety of services provided by Port departments, certain employees may be required to work varying days and hours. Department directors schedule work that is necessary and beneficial for the efficient operation of the Port. It is the responsibility of the department director to manage overtime within budgetary constraints. Pursuant to 29 C.F.R.
    § 553.23, by accepting employment with the Port, all overtime-eligible employees agree that the Port may elect to provide compensatory time in lieu of payment of overtime work in cash pursuant to its compensatory time policies. Employees may also be required, at the discretion of the Port, to use compensatory time in lieu of vacation pay when requesting vacation time off.
  2. Non-Exempt Employees
    1. All employees who are not exempt from the minimum wage and/or maximum hour provisions of the Fair Labor Standards Act (“FLSA”) are considered to be non-exempt employees. Non-exempt employees are eligible to earn overtime (including premium pay differential when applicable) or compensatory time at one and one-half (1 ½) times their regular rate.
    2. Whenever a non-exempt employee becomes promoted or reclassified to an FLSA-exempt position, the employee shall have any accrued compensatory time paid to him/her at their regular rate of pay for the non-exempt position they held immediately prior to their promotion. Payment of the compensatory time shall be made at the time of promotion or reclassification.
  3. Exempt Employees:
    1. Exempt employees are expected to work whatever hours are necessary to accomplish assigned duties and responsibilities. However, it is recognized that because exempt employees are often required to work irregular and/or extended hours, it is appropriate that they be provided a certain latitude in occasionally being away from their place of work during normal work hours. It is the responsibility of the immediate supervisor or the department director to determine if the absences are inappropriate.
    2. Exempt employees are not eligible to be awarded compensatory time or premium pay differential.
    3. Department directors may suggest the exemption of certain job classifications from the provisions of the FLSA. However, the final determination is made and executed by the Executive Director, in consultation with the Port’s legal counsel.
      
      IV. PAY, HOURS OF WORK AND WORKWEEK Section: IV – B
2. Allocation of Work Hours, Workweek and Work Period

B. Allocation of Work Hours, Workweek and Work Period

The workweek starts at 12:00 a.m. on Saturday and ends at midnight the following Friday. The normal full-time work schedule includes forty (40) hours during the workweek. These hours should not be construed as either a fixed minimum or maximum. Work hours that exceed a normal workweek may be required. Except as provided herein or as determined by the department director, in conjunction with the Executive Director, normal hours are Monday through Friday, 8:00 a.m. to 5:00 p.m.
Lunch periods - Bona fide meal periods (employee is completely relieved from duty for the purpose of eating regular meals) are not work time and are unpaid. The time scheduling and length of lunch periods are coordinated between the employee and the supervisor, according to that organization’s needs. (Note: There is no federal or State of Florida law requiring meal breaks in industries or offices, with the exception that minors 17 years of age or younger shall not be permitted to work for more than 4 hours continuously without at least 30 minutes for a meal period.)
Break (rest periods) - Breaks (usually not more than 15 minutes each) may be permitted by supervisors when the work requirements allow them, and must be allowed for nursing mothers to express milk for up to one year after birth. Break periods are considered to be rest periods and must fall within working hours (work is performed immediately preceding and following the break period) and may not be accumulated for additional time away from work. (Note: There is no federal or State of Florida law requiring rest periods, but if they are offered, they must be counted as hours worked.)
Flextime - Flexible working hours allowing for flexible starting times and quitting times within limits set by management may be allowed in limited circumstances upon the recommendation of the department director and approval by the Executive Director or designee.
Work-at-Home Program - The Port does not recognize a "work-at-home" program. There may be times when certain projects could be performed by employees who are at home due to extenuating circumstances. Any such projects must be authorized by the department director and approved by the Executive Director prior to work being done. If a project is approved to be completed at home, the project must be familiar to the employee concerned and have definite parameters for measuring time necessary to perform the work. Port equipment is not to be used outside the regular workplace, unless authorized by the department director and approved by the Executive Director. All hours worked at home must be reported.
Medical Attention - In accordance with 29 C.F.R. § 785.43, time spent by an employee in waiting for and receiving non-elective medical attention on the premises or at the direction of the employer during the employee's normal working hours on days when he or she is working constitutes hours worked except for worker compensation visits (see also section
VII.B.8.a. of this Policy).

IV. PAY, HOURS OF WORK AND WORKWEEK Section: IV – B
B. Allocation of Work Hours, Workweek and Work Period
Furlough - Notwithstanding any other provision of these policies to the contrary, where the Executive Director determines that current budgetary conditions require a reduction in the overall hours employees work in order to remain within the authorized budget, the operational hours of any one or more office, service or function of the Port may be reduced for one or more weeks, days or hours, either consecutively or sporadically. Such periods of reduction may be either by complete closure or operation with a less than full staff as deemed necessary. Employees working within such offices, services or functions will be placed on unpaid furlough during such periods, and hours spent on furlough shall not count as hours worked for any purpose. Pursuant to 29 C.F.R. § 541.710(b), the Executive Director is authorized to deduct hours spent on any furlough from any employee being compensated on a salary basis if budgetary constraints require the deduction.
Timekeeping - FLSA non-exempt employees must ensure that their actual hours worked each day are truthfully and accurately recorded in any timekeeping system to ensure proper payment of wages due, including overtime and premium pay.

IV. PAY, HOURS OF WORK AND WORKWEEK Section: IV – C

C. Pay Eligibility

Extra Hours
The necessity to work extra hours is made at the discretion of the department director. It is important that department directors ensure that extra hours are distributed equitably among employees qualified to perform the work, while giving consideration to the personal wishes of employees involved. However, it is ultimately the department director's decision to designate who will perform the extra hours.
For overtime control purposes, overtime-eligible employees are prohibited from coming to work early and leaving late for purposes of conducting work, or working through lunch periods or bringing work home, unless specifically authorized by their supervisor in advance. Supervisors shall monitor the workplace to ensure that employees who are not scheduled to be working do not remain in the workplace. Nothing herein is intended to prevent an employee from remaining in a Port building during a meal period. However, during such period, the employee is prohibited from working, and should not be expected to perform work for the Port.
An employee shall be required to work overtime when assigned unless excused by the supervisor. An employee who refuses to work overtime when assigned will be subject to disciplinary action for said refusal. An employee scheduled to work overtime who fails to fulfill the assignment for reported medical reasons will, at the Port’s discretion, be required to substantiate the medical absence with a doctor’s note or similar proof.
It is recommended that overtime or compensatory time be documented by a request for overtime. However, if this is not feasible, a schedule of work hours or other form of written documentation should be available to support the designation of overtime or compensatory time.
1. Non-Exempt Employees
  All hours worked over forty (40) in a workweek are considered overtime and are compensated by overtime pay or compensatory time. Pursuant to 29 C.F.R. § 553.23, by accepting employment with the Port employees agree that the Port may elect to provide compensatory time in lieu of payment of overtime work in cash pursuant to its compensatory time policies. Overtime should be scheduled in advance whenever possible. At the time overtime is scheduled, the supervisor should advise the employee regarding whether the overtime will be compensated by pay or compensatory time. Generally, except as otherwise stated by the supervisor, overtime will be compensated with compensatory time.
2. Exempt Employees
  For purposes of this Policy, exempt employees are paid on a salaried basis and are expected to work the hours necessary to accomplish assigned duties and responsibilities. Exempt employees are not entitled to overtime pay or compensatory time. At the discretion of the Executive Director, exempt employees may receive additional
  
  IV. PAY, HOURS OF WORK AND WORKWEEK Section: IV – C
  C. Pay Eligibility
  compensation or compensatory time for additional hours worked over forty (40) in a workweek in special, extraordinary circumstances, as with a hurricane or disaster.
Overtime Pay

Employees entitled to overtime pay are paid for time worked in excess of forty (40) hours in the workweek at a rate of one and one-half (1 ½) times their regular rate of pay, including premium pay differentials when applicable.

Paid holiday hours, regardless of whether the holiday hours were actually worked, shall be used to compute the hours worked in the workweek.. Any other type of pay for hours not worked, e.g., vacation leave or sick leave, will not count has hours worked and will not be used to compute overtime pay.
Compensatory Time

Time off granted in place of overtime pay is called compensatory time.
1. Non-exempt employees scheduled for extra hours of work designated as compensatory time are credited with time off at the rate of one and one-half (l ½) hours for each hour worked. Used compensatory time (reflected on the timecard) is deducted from the compensatory time accrual account hour for hour and does not count as hours worked. Compensatory time is paid at the employee’s rate of pay at the time the compensatory time is paid.
2. Employees may be required to utilize compensatory time in lieu of leave time at the discretion of the department director.
3. Non-exempt employees are prohibited from accumulating compensatory leave time balances in excess of 240 hours. Such employees who perform work and are not eligible for the accumulation of additional compensatory time shall be compensated by regular or overtime pay as the case may be. By accepting employment with the Port, employees consent to be paid compensatory time in lieu of overtime pay at the discretion of management.
4. Compensatory time hours shall be paid out when an employee is promoted or reclassified to an FLSA-exempt position, as specified in Section IV.A.2.b., or when an employee separates (voluntarily or involuntarily) from Port service.
5. An employee who has accrued compensatory time, and requests use of the time, must be permitted to use the time off within a reasonable period after making the request, if it does not unduly disrupt the operations of the agency (29 U.S.C., § 207 (O)(5)). Compensatory time cannot be used in lieu of sick leave if sick leave balances are available.
6. Compensatory time balances can be paid out at any time in the discretion of the Port Authority.
  
  IV. PAY, HOURS OF WORK AND WORKWEEK Section: IV – C
  1. Pay Eligibility
7. When a non-exempt employee is designated as “acting” in an open exempt position (such as a manager position open due to retirement where a new manager must be recruited), the employee shall be compensated during this acting status as an FLSA exempt manager and shall therefore not be eligible for overtime, compensatory time or premium pay differential. However, when a non-exempt employee is only temporarily fulfilling the duties normally associated with an exempt position (such as to cover for a vacationing manager) in addition to their normal duties, the employee shall continue to be paid his/her normal rate of pay, and shall be eligible for overtime, compensatory time and premium pay differential, as may normally be applicable.
Line Handler Call-Outs

Line Handling call-outs are for vessel docking, undocking and shifting. Employees working a call-out for line handling outside their normal working hours shall receive a minimum of three and one half (3.5) hours overtime pay, or the actual hours worked if the call-out exceeds three and one half (3.5) hours, with the following exceptions:

If an employee is held over from his or her normal working hours for line handling duties, it is considered an extension of the employee’s regular shift and the employee will only be paid for the actual hours worked.

Employees who work a line handling call-out while they are on paid leave (i.e., vacation, sick, personal), with the exception of holiday pay, will receive the pay for the call-out and will have the option to receive the paid leave in addition to the call-out pay or they may choose to keep the paid leave in his or her accrued leave bank. If an employee works a line handling call-out while receiving holiday pay on a day off, the employee will retain the holiday pay and will receive the pay for the call-out.

Line Handlers must arrive at the dock one hour before docking and one half (.5) hour before shifting or sailing. Line Handling call-outs are given on a rotating basis. To receive a work day call out for the evening, line handlers must work a minimum of five (5) hours during that work day. Please see the Line Handling Procedures for information about the eligibility for working a line handling call-out and for the assignment procedures.

IV. PAY, HOURS OF WORK AND WORKWEEK Section: IV – D

D.. Work Time Records and Emergency Conditions

Work Time Records and Emergency Conditions
1. The Port’s Work Time Records or time cards are designed to meet the record-keeping requirements of the FLSA. Department directors are responsible for maintaining a record of work schedules for non-exempt employees. Appropriate coding for hours recorded by employees as worked is approved by supervisors and processed by the payroll department in the Clerk of the Circuit Court.
2. Exempt Employees: Due to their exempt, salaried status and the expectation that they are often required to work irregular and extended hours, but have the latitude of occasionally being away from their workplace during normal work hours, exempt employees complete work records but do not have to complete a daily record of time worked. For payroll accounting purposes, they will need to record absences charged to employee benefit accounts (i.e., sick, vacation, holiday, etc.). Exempt employees are not required to create time worked records, unless absences are charged to their accrued benefit accounts.
3. Non-Exempt Employees: All hours (paid, unpaid or charged to accrual accounts) must be recorded in the Port’s time and attendance system daily for the non-exempt employee's scheduled work periods. Pay, including overtime pay, is calculated for each workweek and paid (or credited in the case of compensatory time) to employees on a bi-weekly basis. Non- exempt employees are required to sign their time records, either physically or, where provided, via electronic means. Employees must verify and validate that all hours of work, including any overtime hours, are accurately recorded.
4. After Payroll has completed processing, original records of time worked are maintained by the Administration Department for the appropriate period set by the Florida Division of Archives, History and Records Management. To the extent Port Manatee employs an electronic time and attendance system, such records maintenance may be performed electronically with remote access provided with oversight by the Administration Department.
  
  IV. PAY, HOURS OF WORK AND WORKWEEK Section: IV – E
Salary Basis Compensation Questions

E. Salary Basis Compensation Questions

It is Port Manatee’s policy to comply with applicable wage and hour laws and regulations. Accordingly, the Port intends that deductions be made from your pay only in circumstances permitted by the Fair Labor Standards Act and the U.S. Department of Labor’s rules governing the salary basis for pay for exempt employees. The improper pay deductions specified in 29 C.F.R. §541.602(a) may not be made from the pay of employees subject to the salary basis test.
If you have any questions or concerns about your salaried status, or you believe that any deduction has been made from your pay that is inconsistent with your salaried status, you should immediately raise the matter with your department director. If you have raised the matter with your supervisor and it is not resolved within ten (10) business days, or if, for any reason, you are uncomfortable discussing the matter with your director, you must submit your question or concern to the Administration Department Director for review and response.
To ensure the Port understands your question or concern and is able to conduct a proper review, any such question or concern which seeks the payment of wages allegedly owed must be made using the official HR form approved for that purpose. Any such question or concern must, at a minimum, include employee name, a brief description of the facts related to the question or concern, and the response of the employee’s director, if any. The pay period(s) at issue should also be identified. If you are unable due to disability to submit your complaint in writing, a Port representative will assist you in formalizing your question or concern, which you will then be asked to review and sign to ensure its accuracy.
The Port is committed to investigating and resolving all compensation disputes as promptly, but also as accurately, as possible. Consistent with the U.S. Department of Labor’s policy, any question or concern will be responded to within a reasonable time given all the facts and circumstances. If a review of the matter reveals you were subjected to an improper deduction from pay, you will be reimbursed and the Port will take whatever action it deems necessary to ensure compliance with the salary basis test in the future.

PAY, HOURS OF WORK AND WORKWEEK Section: IV-F
F. Forms

F. Forms
1. Department directors, in conjunction with the Administration Department Director, are responsible for investigating and ensuring job compliance for all positions (exempt and non- exempt) under applicable federal, state, local, and personnel policy guidelines. Any significant or important changes should be noted on the appropriate position description forms.
2. The Administration Department Director ensures standardization of forms used throughout Port departments. These forms are designed, updated and distributed from time to time under direction of the Administration Department Director. To reduce the cost of purchasing, printing and storing paper, and to enhance efficiency, the Administration Department Director shall endeavor to use electronic generation, electronic signatures, and electronic storage and retrieval systems for personnel records whenever possible.
CLASSIFICATION AND PAY PLAN Section: V-A

A. General Policies

CLASSIFICATION AND PAY PLAN
1. General Policies
  The goal of the Port Authority is to maintain classification and pay structures that are fair and equitable. Every employee will receive a job title, position description and pay grade. The Port Authority has developed a classification plan to define positions into classes that indicate the range of duties, responsibilities, scope and level of work performed, and education or training requirements. Job titles are assigned every position within the Classification and Pay Plan and every position is assigned to an appropriate pay grade.
  
  The Classification and Pay Plan is maintained by the Executive Director or designee. This responsibility is to reclassify jobs to higher or lower levels, as needed, determining the proper classification and pay grade for each new position and reviewing all positions assigned to the Classification and Pay system on a routine basis to insure internal and external equity. This includes adjustments to the pay rate tables based upon living costs, labor market demands, organizational changes and the Port Authority's fiscal condition and policies.
  
  In the discretion of the Port Authority, wage rate increases based upon a merit evaluation system may be implemented based on the calendar year.
  
  The Executive Director or designee is charged with creating classifications and pay plans (subject to annual budgetary approvals by the Port Authority), and implementing and periodically revising same as business needs and operating experience dictate.
  
  Port Manatee reserves the right to organize itself, and classify and schedule its employees, in the manner deemed most effective and efficient at any given time, based on the needs of Port Manatee. Therefore, while Port Manatee will make every attempt to create stable career opportunities and work environments for employees, no Port employee has any permanent right to claim any job title, classification, department, pay plan or rate, job description, benefit, schedule, shift, work location, co-worker(s) or any other aspects of the employment relationship other than those required by law to be provided.
  
  V. CLASSIFICATION AND PAY PLAN Section: V-B
2. Administration

B. Administration

1. Recommendations for assignment of authorized positions to classification titles and pay grades and recommendations for changes to existing classification and pay grade assignments are made by the Administration Department Director to the Executive Director or designee for approval and implementation.

Recommendations for staffing level changes which will result in an overall increase in the number of authorized employees under the Executive Director or for which an increase in the overall operating budget is sought shall be submitted to the Port Authority for approval. Staffing level reductions, or any transfer or reassignment of one or more Port staff, either within or between departments, may be performed administratively by the Executive Director.

V. CLASSIFICATION AND PAY PLAN Section: V-C

C. Application

General
1. Notwithstanding any other provision of this Policy, no employee may receive any pay rate increase (other than for temporary duty performance) which would cause such employee to be compensated in excess of the maximum of the pay range established for the position such employee holds.
2. Requests that are different from the parameters provided in the preceding paragraph may be considered under exceptional circumstances. Such requests must be submitted, with appropriate justification, by the department director to the Executive Director or designee who shall approve or decline such requests.
3. At no time is an applicant or employee to be promised pay or conditions that are outside the parameters of this Policy, unless authorized through the approval process (as outlined in b. above.) Any terms or conditions of employment, including but not limited to departures from established pay rates, moving expenses, hiring bonuses, language inducements, unique leave accrual rates, or transfer of unpaid leave balances or time in service, must, to be effective, be included in the written conditional offer of employment presented to the candidate by the Port. Any other promises or representations made to a candidate not included in the conditional offer of employment shall not be valid or enforceable against the Port.
New Hire Employment
Initial employment in a classified position is normally paid at the minimum of the assigned pay grade. If approved by the Executive Director, a new hire may be paid above the minimum of the pay grade based on extenuating circumstances such as exceptional qualifications.
If a pay rate other than entry level is being considered, prior to extending the offer to the candidate, the department director must provide appropriate justification to the Executive Director or designee who shall approve or deny the request.
Promotions
1. Advertised Promotion occurs when a current employee is selected through open competition for a position in a higher classification. Subject to available resources and market conditions, employees promoted as a result of advertising to a classification in a higher pay grade will generally receive the greater of a 15% increase or an increase to the minimum of the entry level of the new pay grade. Directors may request higher increases for extenuating circumstances, but may not be offered to an employee prior to the Executive Director’s review and approval of the written documentation supporting the request.
2. Internal Promotion occurs when a qualified employee is placed in a higher position without advertising. Requests for internal promotions must be submitted to the Executive
  
  V. CLASSIFICATION AND PAY PLAN Section: V-C
  C. Application
  
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  Director (or designee) by the department director with explicit support documentation (i.e., employee meets job requirements, will not create equity or other issues with other employees, is in the employee's career path, employee is already performing duties, and is in the best interest of the Port). The Executive Director (or designee) shall either approve or deny the request. Pay guidelines are the same as outlined in Section V.C.3.a. above (Note: External recruitment helps build strong workforces. Therefore, positions below director level should usually be advertised. Internal promotions without first advertising should only be considered in unusual circumstances, such as recruitment difficulty, departmental health/safety criteria dictates immediate need to fill, internal candidate with extraordinary skills or background, etc.)
3. All increases are subject to current fiscal conditions.
4. An employee evaluation will be completed prior to promotion of the employee.
Demotions (Changes to Lower Classifications)
When an employee is demoted for any reason, the employee is requested to sign a statement of understanding, acknowledging the demotion and rate of pay. (Signing this document does not mean that the employee agrees or disagrees with the action, only that he/she received notice of it). This acknowledgment is attached to the demotion paperwork sent to Administration for processing.
1. An employee who applies through open competition, or requests a voluntary transfer, to a lower classification and pay grade, and is accepted; or who is involuntarily demoted to a lower classification for non-disciplinary reasons (i.e., inability to perform the duties of the job, reduction in work force, lack of work, reorganization, etc.), will be placed in the lower pay grade at the same percentage above the lower pay grade minimum as the employee's previous rate of pay was above the previous pay grade minimum. (See example below). This is subject to approval by the Executive Director or designee.
  
  EXAMPLE: Employee's current hourly pay rate is $10.00. Entry level pay rate for the current pay grade is $9.00. To calculate the percentage over entry level, divide the difference ($1.00) by $9.00 = 11.11% over entry level. If the entry level pay rate for the lower pay grade is $8.00 ($8.00 plus 11.11% = $8.888, rounded to $8.89). Employee’s new pay rate for the lower pay grade will be $8.89.
2. Notwithstanding the provisions of Paragraph 4.a. above, in order to ensure fair and equitable treatment, each case of demotion shall be reviewed individually. The department director must document any salary adjustment request that is different (either a greater rate or lower rate) from that provided in Paragraph 4.a. above and have the request approved by the Executive Director or designee
3. In cases where an employee is demoted as the result of disciplinary action, the disciplining director shall have the authority to assign the employee a pay rate lower than
  
  V. CLASSIFICATION AND PAY PLAN Section: V-C
  C. Application
  
  that otherwise specified for non-disciplinary involuntary demotions.
Temporary Assignments
1. Acting Status. Employees temporarily assigned to perform all duties of a higher level position shall receive the greater of a 15% pay increase or an increase to the minimum pay rate of the higher level position. The assignment must be appropriately documented by the department director, and approved by the Executive Director or designee. Regular salary adjustments are granted during temporary assignments, and shall be applied to the employee’s non-acting pay rate. Upon expiration of the acting status, the employee's pay rate will return to the same level it was prior to entering into acting status, but increased by any regular salary adjustments which occurred during that period. An employee may not be placed in acting status unless that employee meets the minimum qualifications of the higher level position.
2. Additional Duties. Employees temporarily assigned by their directors to perform additional duties while continuing to perform their regular duties may, upon request of the director and approval by the Executive Director or designee, be eligible to receive additional compensation over their current pay rate. The additional compensation will not exceed a 15% pay increase. Regular salary adjustments are granted during temporary additional duty status, and shall be applied to the employee’s non-temporary duty pay rate. Upon expiration of the temporary duties status, the employee's pay rate will return to the same level it was prior to assignment of the temporary additional duties. Alternative forms of compensation for the performance of additional duties may be developed by the Executive Director or designee from time to time and may be utilized in lieu of the rate enhancement provided for above.
Reclassifications and Reorganizations
Market factors, evolving priorities, evolutions in equipment and materials, employee input, grant funding, or changing organizational needs may cause a particular position classification within the Port to become subject to change. Port Manatee continually evaluates these factors against classified positions accordingly and at times determines, where the position is not wholly eliminated, to re-classify and/or reassign one or a group of positions to better serve the needs of the Port. Such reclassifications/reassignments can be minor or significant, and may result in enhancing one or more positions and related duties and requirements, or decreasing duties and requirements. Such reclassifications/reorganizations are solely within the discretion of the Port and no employee possesses any right or expectation to hold or keep any one position or set of duties. To ensure compliance with any applicable personnel policies or regulations, requests for reclassifications must be submitted by a department director in writing with supporting justification to the Executive Director or designee which shall review and comment upon all reclassifications or reorganization requests regardless of number of employees involved. Every possible scenario cannot be described in a general policy document such as this Manual. However, in an effort to inform employees of the outcomes of common reclassification decisions, the following examples are provided:
1. Employees reclassified to higher pay grades shall be compensated as outlined in Section
  
  00462111-1
  
  V. CLASSIFICATION AND PAY PLAN Section: V-C
  C. Application
  
  V.C.3.a. above.
2. In circumstances where an employee’s position is downgraded based upon reorganization, market study, individual job analysis or other similar non-disciplinary reason, the employee will not normally have their pay rate reduced, though their pay grade may be reduced.
3. In reaching any decisions regarding the establishment of reclassifications and accompanying pay grades and rates, the Port will consider various factors including, but not limited to, individual experience and years of service, individual work/discipline records, equity between and among similarly-situated positions and incumbent employees, market factors, established career ladders and budgetary constraints.
Transfers/Lateral Transfers
Employees may be transferred to vacant positions with the same job title (transfer) or within the same pay grade, different job title (lateral transfer) without advertising, if appropriate justification is provided and the request is authorized by the department director, approved by the Executive Director or designee and future department director if transfer is to another department. Transfers/lateral transfers are not eligible for pay adjustment.
Permanent Additional Duties
Where an employee is permanently assigned significant additional duties not warranting a reclassification of their position, the employee’s director shall work with the Executive Director or designee to determine a suitable wage rate increase.
Equity Pay Adjustment
1. Equity Pay Adjustments are granted to maintain fair and equitable treatment of employees.
2. Requests for equity pay adjustments may be submitted, with appropriate justification, by the department director to the Executive Director or designee for review and approval.
Retroactive Pay Adjustments
Retroactive pay adjustments may be considered under exceptional circumstances (such as where an employee performed assigned duties but due to accounting/recordkeeping error was not paid or where a pay-increasing certification was earned but unknown to the Port). If a department director requests retroactive payment for an action, a written request must be submitted to the Executive Director or designee for consideration. If approved by the Executive Director, the amount of retroactive compensation will be determined by the Administration Department. (NOTE: Nothing herein should be interpreted as authorizing any employee to be paid for work which was not authorized to be performed by the Port. Employees performing unauthorized work shall be subject to disciplinary action). To the extent the adjustment results in a deduction from pay for wrongly-paid compensation, any such deduction shall not result in an employee being paid less than the established minimum
1. CLASSIFICATION AND PAY PLAN Section: V-C
  C. Application
  
  wage for any given pay period.
Pay for Performance

In addition to any general wage adjustment that the Port Authority may from time to time adopt, the Executive Director is authorized to administratively develop and implement a compensation program which includes variable wage increases linked to job performance. Such program may distinguish between exempt professional and managerial classifications, and full and part time hourly compensated employees. As to hourly employees, any such program shall be based upon quantifiable measures of performance and shall be designed and administered so as to ensure discrimination, favoritism or inconsistent application of eligibility criteria do not occur. Wage adjustments based on performance may be in the form of lump sum or percentage-based increases, as determined by the Executive Director and approved by the Port Authority. Nothing herein shall be interpreted as creating any requirement to develop or budget funds for pay for performance programs or policies, nor as creating an entitlement on the part of any employee to receive same.

HOLIDAYS Section: VI-A

A. Administration

HOLIDAYS
1. Administration
  1. Paid holidays are an employee benefit. They may not be accrued for future use, and holiday hours taken shall not count as hours worked for any purpose other than FMLA eligibility and overtime.
  2. Employees are assigned by work schedule to either the ACTUAL Holiday Calendar or the OBSERVED Holiday Calendar.
  3. A holiday must be taken in one (1) work day. Holiday hours are paid according to an employee’s regular work schedule. Part time employees receive holiday pay equivalent to the
    -part time employee’s regular scheduled work day.
  4. When a Port observed holiday occurs during an approved leave of absence with pay (i.e., vacation, sick, compensatory, military, bereavement, etc.) of an employee, the employee will receive holiday pay for the day, it will be noted as holiday pay on the time card, and the employee will be not be charged for the leave otherwise approved.
  5. An employee who is not on an approved leave of absence and is absent from work on the day preceding or the day following an observed holiday is required by the department director to explain the absence. If the absence is approved, appropriate accrued balances will be charged on the timecard. If the absence is not approved, or if the employee has no appropriate accrued balances to be charged, the employee is not paid for the unapproved absence, nor for the holiday, and may also be subject to discipline.
  6. When an employee is scheduled to work on a Port observed holiday and fails to report for duty, the employee shall not be paid for the holiday and may be subject to discipline.
  7. When a Port observed holiday occurs during a leave of absence without pay, i.e., FMLA, suspension, sick/vacation with no accrued leave balances, etc., the employee will not be paid for the holiday.
  8. When a Port observed holiday occurs within a period of Workers' Compensation benefit pay, holiday hours shall be paid to bring the employee's pay to 100 percent pay status for that day.
  9. When a holiday falls on a Saturday, it is observed on the preceding Friday. When a holiday falls on a Sunday, it is observed on the following Monday, except as may be determined otherwise by the Executive Director.
  10. When a holiday falls outside of a non-exempt employee’s regular work schedule, the employee will be paid eight (8) hours for the holiday. When a holiday falls on a non-exempt employee’s regular work schedule and that employee is required to work, the employee will receive pay for hours worked as well as eight (8) hours of holiday pay or if a part time employee then he/she will receive pay for the hours worked as well as the number of hours equivalent to the part time employee’s regular scheduled work day . The hours for the holiday pay will count as hours worked for the workweek in addition to the actual hours worked in the workweek.
    
    VI. HOLIDAYS Section: VI-B
    B.. Listing of Holidays
2. Listing of Holidays
  
  Holidays recognized are as follows:
  1. New Year's Day - January 1
  2. Martin Luther King's Birthday - Third Monday in January
  3. President’s Day - Third Monday in February
  4. Memorial Day - The last Monday in May
  5. Independence Day - July 4
  6. Labor Day - First Monday in September
  7. Veteran's Day - November 11
  8. Thanksgiving Day - Fourth Thursday in November
  9. Friday After Thanksgiving Day
  10. Christmas Day - December 25
  11. Day before or after Christmas (determined annually by the Executive Director.
    1. HOLIDAYS Section: VI-C
3. Personal Holiday(s)

C. Personal Holiday(s)

Personal holidays, the number of which are set by the Port Authority from time to time, and awarded during a fiscal year, are to be taken during the year in which they are awarded. Personal holidays do not accrue so failure to use available personal holidays by the end of the calendar year will result in those days being lost. Temporary employees are not eligible for personal holidays.
A personal holiday is equal to the employee’s number of regularly scheduled work hours. Personal holiday hours used do not count as hours worked. While on unpaid leaves of absence, employees are ineligible to use a personal holiday with the exception of those employees on unpaid leave pursuant to the Family and Medical Leave Act (“FMLA”).
Advanced permission to use a personal holiday must be obtained, and the department director has the sole discretion to allow a personal holiday to be used on any particular day, or to rescind a prior approval where the needs of the Port so require.
Employees who separate from employment and are rehired within the same calendar year are ineligible to use a personal holiday if it was used prior to separation.
Employees must be employed for 3 or more months before personal holidays may be used.

LEAVE OF ABSENCE Section: VII-A

A. Vacation Leave

LEAVES OF ABSENCE

A. Vacation Leave

Full-time employees who fill established positions earn vacation leave credits. For health and well-being purposes, employees are encouraged to use their vacation leave each year and it is recommended that supervisors ensure employees are given that opportunity. Vacation leave taken for purposes which qualify for FMLA coverage will be designated as FMLA Vacation Leave. Scheduling preference (where such decisions become required such as traditional holiday seasonal request increases) will be made by the department director based upon the operational needs and efficiencies of the department, seniority, timing of request, and any other factors which the department director deems appropriate.
Employees who are hired by Port Manatee from Manatee County or a Manatee County Constitutional Officer may, at the option of the hiring department director, transfer a portion or all of their time in service and their unpaid vacation balance to the Port.

Employees may only begin a new calendar year with a maximum of 400 vacation leave hours, accruals of which are tracked by the calendar year. If an employee's vacation leave balance exceeds this maximum by end of calendar year, excess hours will be transferred to the employee’s sick leave account in the first pay period of the new calendar year unless otherwise approved under Section VII.A.7. Employees earn vacation leave according to the following table:

* 80 Scheduled Work Hours Per Pay Period
Period of Continuous Employment	Hours of Leave Earned Bi-Weekly/Annually	Maximum End of Year Hours
0 to End of 5 Years	5 Hours/130 Hours	400 Hours
6th to End of 10 Years	6 Hours/156 Hours	400 Hours
11th to Termination	7 Hours/182 Hours	400 Hours

NOTE: When hours paid are less than the scheduled hours, the hours accrued are a pro-rata of the designated accrual rate. (Example: Scheduled hours 80, paid hours 60, accrual rate 5.00 hours; would be calculated as 60 divided by 80 = .75 x 5.00 = 3.75 hours accrued).

Vacation leave should be scheduled no less than three (3) workdays in advance.
Vacation leave for non-exempt employees, regardless of whether such leave is used for actual vacation or other purposes such as FMLA absence, court appearance, etc., will not be counted as hours worked in the work week.
Approved vacation leave will be paid in accordance with the number of hours regularly scheduled to work that day. Employees taking less than a full work day shall be paid vacation leave on an hour for hour basis. No more than two (2) weeks’ vacation will be taken at one

00462111-1
1. LEAVE OF ABSENCE Section: VII-A
A. Vacation Leave

time unless approved by the Executive Director. Scheduling of vacations will be coordinated by department directors.
Employees shall forfeit all vacation payouts under this section if employment terminates because the employee:
1. Has been found guilty in a court of competent jurisdiction of committing, aiding, or abetting any embezzlement or theft from the employee's employer or bribery in connection with the employment; or
2. Has been terminated by reason of the employee having admitted to committing, aiding, or abetting an embezzlement or theft from his or her employer or by reason of bribery; or
3. Prior to termination or retirement, is found guilty of, or adjudged by a court of competent jurisdiction to have violated any state law against strikes by public employees; or
4. Was terminated for the commission of any felony with the intent to defraud the public or a public agency of the right to receive the faithful performance of his or her duty as a public officer or employee, realizes or obtains, or attempts to realize or obtain, a profit, gain, or advantage for himself or herself or for some other person through the use or attempted use of the power, rights, privileges, duties, or position of his or her public office or employment position.
5. The forfeiture of leave payout pursuant to this Policy is supplemental to any other forfeiture requirements related to public officers or employees provided by law.
6. Forfeiture shall also occur where the employee resigns from employment after having been charged by the Port or other law enforcement authority with any of the above acts but prior to having been terminated.
Use of vacation leave credits cannot be authorized prior to the time they are earned and credited. Vacation leave hours are used only with approval from the department director or designee.
At the end of the last pay period in the calendar year, the vacation leave account is audited. Vacation leave in excess of 400 hours is transferred to the employee's sick leave account on an hour-for-hour basis. Under extenuating circumstances, an exception may be granted to carry-over excess vacation leave. Exceptions must meet the following criteria:
1. The carry-over must be documented with explicit extenuating reasons and must be endorsed by the Administration Department Director and approved by the Executive Director or designee.
2. The employee shall not be approved for the carry-over of excess vacation leave unless he/she has first taken ten (10) workdays (need not be consecutive) of vacation leave during the payroll calendar year for which the request applies.
If an employee becomes sick/injured (personal illness/injury only) during approved vacation leave, the leave hours may be adjusted only if the time record has not been processed by
1. LEAVE OF ABSENCE Section: VII-A
  1. Vacation Leave
    
    Payroll and, if applicable, where acceptable FMLA certification has been submitted.
Unused vacation time shall be paid when an employee ends employment with Port Manatee, subject to the provisions of Section VII.A.6. However, to the extent an employee, upon enrolling the Florida Retirement System’s Deferred Retirement Option Program, elects to receive a vacation leave payout under state administrative rules, such payout shall count toward the total 400 hours payout provided for herein.
Sick Leave accruals cannot be used or paid out as vacation leave.
Notwithstanding any provision of this Policy referring to “calendar year,” accruals of leave balances shall be governed by the Port’s adopted payroll tracking system, and may be calculated by the payroll calendar year used by that system.
Accrued Vacation Leave Balances. Employees who leave the employment of the Port are paid their accrued vacation leave time balances. This payment is made at the employee's regular hourly pay rate in effect at the time of separation. If service is terminated by death, payment is made as authorized by Section 222.15, Florida Statutes.
Employees may decide to receive payment instead of taking vacation leave time off. If so, the following conditions apply:
1. Approval from the Executive Director or designee.
2. An employee can receive no more than two (2) payments for vacation leave time during the twenty six (26) bi-weekly pay periods paid in a calendar year, (January through December, with specific calendar dates established by the Clerk of the Circuit Court's payroll calendar year). Total payments cannot exceed eighty (80) hours during the twenty six (26) bi-weekly time period.
3. Employees receiving a pay out of vacation leave time do not accrue annual or sick leave on, for, or by virtue of the payment.
4. Payments cannot be made for less than forty (40) hours or for more than eighty (80) hours. They are made at the employee's regular hourly pay rate in effect at the time the request is made by the employee. Hours paid never include compensatory time.

VII. LEAVE OF ABSENCE Section: VII-B

Sick Leave

B. Sick Leave

NOTE: Family and Medical Leave Act (FMLA) will be considered and, if applicable, will run concurrently with Sick Leave. (See FMLA Section: VII.J.)

Full-time employees earn sick leave credits each bi-weekly pay period based on a maximum of 80 paid hours (pro-rated if less than 80). Tracking of sick leave accruals is by the calendar year. The accrual rate for regular employees is five hundredths (.05) of an hour for each hour paid up to a maximum of 80 hours. (Examples: 80 paid hrs. x .05 = 4 hrs; 60 paid hrs. x .05 = 3 hrs).
Employees using sick leave are paid at the hourly rate in effect at the time the approved sick leave is taken, but such leave used shall not count as hours worked for any purpose other than FMLA eligibility.
During leaves of absence with pay, employees continue to earn sick leave credits (with the exception of employees drawing hours from the Long Term Disability).
Full-time employees may accumulate unlimited sick leave credits.
Sick leave earned during any pay period is credited to the employee on the last day of that pay period. In the case of employment termination, it is credited on the last day the employee is on the payroll.
Use of sick leave credits cannot be authorized prior to being earned and credited, and used only with approval from the department director or designee, who may require sufficient and specific medical documentation of the need for leave prior to authorizing sick leave pay. Sick leave pay may be denied to any employee who fails to provide requested documentation.
Sick leave hours are charged to an employee’s sick leave account. If accumulated sick leave is exhausted, the employee may request through the appropriate departmental authority to use vacation, compensatory time, or personal holiday (may be used only as a whole day) leave to cover remainder of the absence. After all accrued leaves of absence are exhausted, the employee may request, through the appropriate departmental authority, to be considered for a leave of absence without pay. (See Section VII.I.)
Sick leave can be authorized for the following purposes:
1. Personal Sick Leave
  Personal Sick Leave is for an employee's personal illness, injury, or exposure to a contagious disease which could endanger other employees. Any sick leave credits used for these reasons may be authorized in accordance with provisions of Section VII.B.9. For purposes of this Policy, personal illness includes complications in pregnancy, miscarriage, childbirth, and recovery from these. Note: Medical Attention - In accordance with 29 C.F.R., § 785.43, and Section IV.B.6, time spent by an employee in waiting for and receiving non-elective medical attention (with the exception of worker compensation- related visits) on the premises or at the direction of the employer during the employee’s normal working hours on days when he or she is working constitutes hours worked.
  
  VII. LEAVE OF ABSENCE Section: VII-B
  B. Sick Leave
2. Family Sick Leave
  Family Sick Leave may be used to cover illness, injury or checkups (annual physicals, dental checkups, etc.) for an employee's immediate family (see definition for "immediate family" below) up to a maximum of eighty (80) hours of accrued sick leave balance during the calendar year. In approving use of sick leave, the department director may require certification of the family member's illness/injury from the attending physician. (Note: Family Sick Leave also includes paternity leave for fathers, prior to or immediately following birth of their child.)
  Immediate Family: For the purpose of administering this type of leave, "Immediate Family" is defined as the following persons, as related by blood or law to the employee and/or the employee’s spouse: spouse, child, step-child, foster child, grandchild, parent, step-parent, grand or great grandparent, step-grand or step-great grandparent, brother, sister, half-brother, half-sister, step-brother, or step-sister. The definition also includes an individual for whom the employee or the employee’s spouse is the legal guardian, and any other family member of the employee or of the employee's spouse who is a full-time resident in the employee's household.
The employee has the responsibility of notifying his/her supervisor or other designated personnel when sick leave absence is necessary. This notification should be given prior to the absence, if possible, or as soon as possible on the first day of absence. Upon request, an employee may be permitted to use sick leave credits if the following procedures are followed:
1. Prior to authorizing an employee to use sick leave credits, the department director may require the employee to certify that the absence is for reasons outlined in this Policy.
2. After three (3) consecutive workdays (regardless of number of scheduled hours in any workday) of sick leave absence, the employee shall be required to provide medical certification from a certified health care provider before being authorized to use additional sick leave credits, unless deemed unnecessary by the department director based upon facts already known.
3. Employees may be required to report periodically (no more often than seven (7) calendar day intervals) on the status of their sick leave and intent to return to work, and may be required to submit (no more often than thirty (30) day intervals) medical certification/re- certification from a certified health care provider if their sick leave continues.
4. Upon returning to work, an employee may be required to provide medical certification from a certified health care provider indicating that they are release to work and/or showing he/she is safely able to perform the essential functions of his/her job with or without reasonable accommodation.
  
  VII. LEAVE OF ABSENCE Section: VII-B
  B. Sick Leave
An employee who refuses to comply with the above stated requirements is not eligible to use sick leave credits. Any unapproved absence from work will be considered unauthorized and may subject the employee to disciplinary action in accordance with the provisions of Section
XI. of this Policy.
Employees providing written documentation from a certified health care provider indicating that the employee is unable to perform regular job duties due to an accident, illness, or medically related reason, with the approval of the department director, may be placed on temporary light duty status assigned to perform other temporary duties which will not be prohibited by the condition during recuperation, within the following guidelines:
1. The employee’s hourly rate of pay remains the same.
2. The temporary light duty status may be approved by the department director for a period not to exceed three (3) consecutive months.
3. Requests to remain in the temporary light duty status in excess of the three-month period must be authorized by the Executive Director of designee. Such requests will only be considered under exceptional circumstances.
4. Approval of temporary light duty is in the sole discretion of the Port.
5. With documentation from a certified health care provider stating the employee may return to regular duty, the employee will resume his/her regular position.
6. When approved to return to regular duty, failure by the employee to do so could result in termination of employment under Section XI. of the Policy.
7. Approval of temporary light duty does not signify the Port’s agreement that the employee is a qualified individual with a disability under the Americans with Disabilities Act (“ADA”) or the Rehabilitation Act, or that the employee is covered by the terms of the FMLA, and it does not abrogate any defense that the Port may have under the civil rights laws.
8. Employees who are determined to be unable to perform the essential functions of their job may either request a reasonable accommodation under Section IX. E.
  
  VII. LEAVE OF ABSENCE Section: VII-B
  B. Sick Leave

Payment of Unused Sick Leave

Employees with continuous service who leave Port employment, and qualify to receive payment of unused sick leave credits, may be paid a percentage of their existing sick leave balance in accordance with the table shown below, with a lifetime maximum of 500 hours:

Less than 5 Years of Service	0%	10 Years of Service	40%
5 Years of Service	30%	11 Years of Service	42%
6 Years of Service	32%	12 Years of Service	44%
7 Years of Service	34%	13 Years of Service	46%
8 Years of Service	36%	14 Years of Service	48%
9 Years of Service	38%	15 Years of Service or More	50%

Employees who are rehired by Port Manatee after having previously worked for the Port are not entitled to receive credit for unpaid sick leave hours related to the previous period of employment.
Employees who are hired by Port Manatee from Manatee County or another Manatee County Constitutional Officer may, at the option of the hiring department director, transfer a portion or all of their time in service and their sick leave balance (with no sick leave payout) to the Port.
Payment of unused sick leave credit is paid in a lump sum at the regular hourly rate in effect at the time of separation. This payment is not considered as salary in determining the average final compensation of an employee in the State administered retirement system. There is a lifetime maximum payout of 500 sick leave hours for all eligible employees.
Employees shall forfeit all sick leave payouts under this section if employment terminates because the employee:
1. Has been found guilty in a court of competent jurisdiction of committing, aiding, or abetting any embezzlement or theft from the employee's employer or bribery in connection with the employment; or
2. Has been terminated by reason of the employee having admitted to committing, aiding, or abetting an embezzlement or theft from his or her employer or by reason of bribery; or
  
  VII. LEAVE OF ABSENCE Section: VII-B
  B. Sick Leave
3. Is adjudged by a court of competent jurisdiction to have violated any state law against strikes by public employees; or
4. Was terminated for having committed any felony with the intent to defraud the public or a public agency of the right to receive the faithful performance of his or her duty as a public officer or employee, realizes or obtains, or attempts to realize or obtain, a profit, gain, or advantage for himself or herself or for some other person through the use or attempted use of the power, rights, privileges, duties, or position of his or her public office or employment position.
5. The forfeiture of leave payout pursuant to this policy is supplemental to any other forfeiture requirements related to public officers or employees provided by law.
6. Forfeiture shall also occur where the employee resigns from employment after having been charged by the Port or other law enforcement authority with any of the above acts, but prior to having been terminated.

Notwithstanding any provision of this Policy referring to “calendar year,” accruals of leave balances shall be governed by the Port’s adopted payroll tracking system, and may be calculated by the payroll calendar year used by that system.

VII. LEAVES OF ABSENCE Section: VII-C

C. Bereavement Leave

Paid leave may be authorized for probationary and regular employees who have a death in their "immediate" families. The following procedures apply:
1. Bereavement leave may be authorized (excluding holidays if scheduled to work the holiday) for up to five (5) scheduled work days.
2. Bereavement leave is separate and distinct from other types of leave and is not chargeable to any accrued leave balance (i.e., sick, vacation, etc.).
3. In the event a family death occurs during an employee's approved sick, vacation or compensatory time leave, the time missed due to the death may be designated as bereavement leave, if eligible. The actual leave account charged (i.e., sick, vacation, etc.) can be adjusted through a request from the department director to the Administration Department Director (HR Form 131).
4. Bereavement leave is paid in accordance with scheduled work days.
Definition of Immediate Family

For the purpose of administering this type of leave, “Immediate Family”" is defined as the following persons, as related by blood or law to the employee and/or the employee’s spouse: spouse, child, step-child, foster child, grandchild, parent, step-parent, grand or great grandparent, step-grand or step-great grandparent, brother, sister, half-brother, half-sister, step-brother, step-sister, or legal guardian. The definition also includes an individual for whom the employee or the employee’s spouse is the legal guardian, and any other family member of the employee or of the employee’s spouse who was a full-time resident in the employee's household immediately preceding the death.
Proof of Purpose of Leave

Validation of the request is left to the discretion of the employee’s department director.

VII. LEAVES OF ABSENCE Section: VII-D

D. Military Leave

The Port complies with all laws applicable to military leave. For purposes of interpreting this Section, the general term “Military Leave” includes both Military Leave, as provided for in subsection (2) below, and Military Call, as provided for in subsection (3) below.
Military Leave: In accordance with Chapter 115, Florida Statutes, employees who are commissioned reserve officers or reserve enlisted personnel in the United States military or naval service or a member of the National Guard, shall, upon presentation of a copy of the employee's official orders, be granted military leave on all days during which the employee is ordered to active duty or inactive duty for training. Such employees shall not be required to work or use accrued personal leave on any day during which they are engaged in training under official orders. Whether continuous or intermittent, such leave with pay may not exceed 240 working hours in any one annual period beginning January 1 and ending December 31. Administrative leaves of absence for additional or longer periods of time for assignment to duty functions of a military character, including assignments under applicable FEMA or USERRA regulations, shall be without pay unless required by federal law, and shall be without loss of time or efficiency rating.
Military Call: Employees who are commissioned reserve officers or reserve enlisted personnel in the United States military or naval service or members of the National Guard, who are ordered to active military duty shall, upon presentation of a copy of the employee's official orders, be granted military leave beginning with the day ordered to duty and ending up to 31 days after the date of release from the military service or from hospitalization continuing after discharge, unless a longer period is required by the FMLA. The first thirty
(30) calendar days of such leave shall be with full pay. (Note: Employees would only be compensated for scheduled workdays during this 30-day period.)
Scheduled workdays for which Military Leave is taken under the rules outlined in subsections
(2) and (3) above will be compensated as Military Leave or Military Call (as applicable) and will not count towards overtime. If an employee approved for Military Leave is scheduled to work a shift which qualifies for premium pay differential, Military Leave hours will be compensated at the appropriate premium pay differential rate.
Employees requesting Military Leave shall furnish the department director with competent orders from the appropriate military command as valid evidence of such duty status. These orders shall be kept in the employee's departmental personnel file. Since "competent orders" are not always defined or consistent, department directors should consult with the Administration Department for guidance.
Any absence in excess of the limits set in subsections (2) and (3) above may, upon request by the employee and approval by the appropriate supervisor, be covered by accrued vacation leave, accrued compensatory time or personal holiday. If not requested by the employee or approved by the appropriate supervisor as vacation, compensatory time, or personal holiday, such absences in excess of the limits shall be approved as military leave without pay. However, such leave shall be without loss of seniority, time or efficiency rating. Should any portion of the leave be paid leave, the employee shall be entitled to accumulate all benefits granted under paid leave status.

VII. LEAVES OF ABSENCE Section: VII-D
D. Military Leave
Employees called to active military service will not be discharged, reprimanded, or in any other way penalized because of their absence due to such service. The employee's position may be filled by another employee with substitute or temporary status. Upon separation from the military service, the employee shall be eligible to return to the former position held or a different position in the same class in the same geographic location.
Veteran’s Leave: A Port employee filling a regular established position and who has been rated by the United States Department of Veterans Affairs or its predecessors to have incurred a service-connected disability and has been scheduled by the United States Department of Veterans Affairs to be examined or treated for the disability, shall be granted veteran’s leave for such reexamination or treatment without loss of pay or benefits. The maximum veteran’s leave authorized for this purpose shall not exceed six (6) calendar days in any one annual period beginning January 1 and ending December 31. Hours used are not counted as hours worked toward overtime.
Employment and Reemployment Rights under USERRA: The Port complies with all aspects of USERRA and shall reemploy servicemembers returning from a period of service in the uniformed services if those servicemembers meet five criteria:
1. The person must have been absent from employment on account of service in the uniformed services;
2. The person must have given advance notice that he or she was leaving employment with the Port for service in the uniformed services, unless such notice was precluded by military necessity or otherwise impossible or unreasonable;
3. The cumulative period of military service while employed with the Port must not have exceeded five (5) years;
4. The person must not have been released from service under dishonorable or other punitive conditions; and,
5. The person must have reported back to the Port in a timely manner or have submitted a timely application for reemployment, unless timely reporting back or application was impossible or unreasonable.
  USERRA establishes a five (5) year cumulative total of military service with a single employer, with certain exceptions allowed for situations such as call-ups during emergencies, reserve drills, and annually scheduled active duty for training. Certain categories of service are exempt from the five (5) year requirement.
  Returning servicemembers shall be reemployed in the job that they would have attained had they not been absent for military service, (the "escalator" principle), with the same seniority, status and pay, as well as other rights and benefits determined by seniority. USERRA also requires that reasonable efforts (such as training or retraining) be made to enable returning servicemembers to qualify for reemployment. If the servicemember cannot qualify for the "escalator" position, he or she shall be reemployed, if qualified, in any other position that is the nearest approximation to the escalator position and then to the pre-service position. While an individual is performing military service, he or she is deemed to be on a furlough or leave
  
  VII. LEAVES OF ABSENCE Section: VII-D
  D. Military Leave
  
  of absence and is entitled to the non-seniority rights accorded other similarly-situated individuals on non-military leaves of absence. The time limits for returning to work are as follows:
  1. Less than 31 days service: By the beginning of the first regularly scheduled work period after the end of the calendar day of duty, plus time required to return home safely and an eight hour rest period. If this is impossible or unreasonable, then as soon as possible.
  2. 31 to 180 days: The employee must apply for reemployment no later than 14 days after completion of military service. If this is impossible or unreasonable through no fault of the employee, then as soon as possible.
  3. 181 days or more: The employee must apply for reemployment no later than 90 days after completion of military service.
  4. Service-connected injury or illness: Reporting or application deadlines are extended for up to two years for persons who are hospitalized or convalescing.
  Individuals performing military duty of more than 30 days may elect to continue employer sponsored health care for up to 24 months; however, they may be required to pay up to 102 percent of the full premium. For military service of less than 31 days, health care coverage is provided as if the servicemember had remained employed. For purposes of pension plan participation, vesting, and accrual of benefits, USERRA treats military service as continuous service with the employer.
Employees entitled to the rights and benefits of USERRA will be provided a notice of the rights and benefits available under USERRA. For any questions, please contact the Administration Department.
Issues of military leave not addressed in this policy shall be resolved as provided for in applicable provisions of the Florida Administrative Code, Florida Statutes, and federal law.

VII. LEAVES OF ABSENCE Section: VII-E

E. Jury Leave

Whenever an employee (full-time, part-time or temporary) is called for jury duty, upon presentation of the summons to his/her supervisor, the employee will be excused from scheduled work days and will receive Jury Leave pay for hours actually performing such duty, but not exceeding their scheduled work hours. The employee will not be compensated by the Port for Jury Leave on unscheduled workdays unless the employee requests to substitute a night or weekend shift or portion thereof immediately preceding or following jury duty. The employee keeps any jury fees received.
Paid Jury Leave hours are considered as hours worked for all compensation purposes including calculating hours worked towards overtime. The Port does not reimburse an employee for meals, lodging, travel, or any other expenses incurred as a juror.
Employees are required to report to work if excused from jury duty during their regular working hours. However, if their scheduled shift has been filled or they are not otherwise needed to complete the shift, they may, with supervisory approval, charge the balance of their scheduled work hours to their vacation or compensatory time leave accounts, or take the time off without pay, but only to the extent they are not able to make up regularly-scheduled hours by means of flex time assignment.
An employee called to jury duty shall promptly notify his or her department director and provide a copy of the court summons so that arrangements may be made in advance for his or her absence from work. Where so requested by an employee’s department director, an employee will provide the director with a statement of actual days spent on jury duty service (such as by memo or email) before compensation is approved. Where the Clerk of Court engages in “day prior call in” programs (where unseated jurors call a number to determine whether their presence will be needed the next day), employees who discover their presence at the court house will not be required the following day (but who have not yet been released from duty) shall report to work on that day unless otherwise ordered by the Court. Once an employee is released from duty, he or she shall inform the department and report to work as required in Paragraph 3 above.
An employee called to jury duty while on vacation leave shall be allowed jury duty pay for that time served in court which corresponds to his or her regular work day. Such employee shall have his or her vacation leave hours restored provided satisfactory evidence of the time served on jury duty is presented to the department. In the event a holiday occurs during the period an employee is serving on jury duty, he or she shall receive holiday pay for the holiday rather than jury duty pay.
Employees who have a normal work schedule outside the regular business day (night or weekend shifts) who are summoned for jury duty during the business day immediately following the scheduled shift shall, if they request, be permitted to be excused from their scheduled work shift (or portion thereof) immediately prior to the jury duty day, in order to rest or otherwise prepare for their jury service. However, such excused period shall not exceed 8 hours and, where an employee requests to be excused from work for a portion or all of a scheduled shift, the employee shall not be compensated for the shift or portion thereof not actually worked (unless vacation leave is used) but shall only be compensated for jury duty equal to the number of shift hours missed performing such duty. Notwithstanding the general requirement for employees to report to duty should they not be required to spend an entire day of jury duty service, night/weekend shift employees who serve any portion of a day for jury duty without taking time off their regular shift shall be paid for the entire shift, not to exceed the number of work hours scheduled.

VII. LEAVES OF ABSENCE Section: VII-F

F. Witness Leave

An employee voluntarily appearing as a witness for the Port in a court case or administrative proceeding within the boundaries of Manatee County, in which the Port is a party, including depositions, post-termination proceedings, mediation or arbitration proceedings, or who is subpoenaed as a witness in a court case or administrative proceeding in which the employee's testimony is related to official Port business, is considered to be on duty during such appearance (not including travel time), even during off-duty hours. The employee must remit to the Port any witness fee received in connection with such appearance. In the event the litigation is in a forum outside Manatee County and the employee attends as a witness for Port Manatee, he/she shall be entitled to per diem expenses in accordance with Florida Statutes § 112.061. However, in the event the litigation is in a forum outside Manatee County, and the employee is subpoenaed by a party other than Port Manatee, the employee may keep any reimbursement of travel expenses, and he/she shall not be entitled to reimbursement of per diem expenses from the Port.
An employee who voluntarily appears at a court or administrative proceeding, as defined above, on behalf of a party litigating against the Port shall be ineligible for witness leave pay by the Port for any time spent at such proceeding and must attribute such time to appropriate available leave balances or take leave without pay.
An employee who becomes a party in, or appearing as a witness in any case other than those described in Paragraph 1, is considered to be off duty, and must attribute such time to appropriate available leave balances or take leave without pay. Under such circumstances, the employee is entitled to keep any witness fee received.
An employee who is subpoenaed to appear or provide testimony about matters that are within the scope of the employee’s regular work duties for the Port is considered to be performing the employee’s job assignment and is compensated as such.

VII. LEAVES OF ABSENCE Section: VII-G

G. Disability Leave

Note: Family and Medical Leave Act (FMLA) eligibility will be considered and may run concurrently with Disability Leave. (See FMLA Section: VII. J.)

Workers' Compensation
1. An employee who suffers accidental injury arising out of work performed in the course and scope of Port employment may qualify for benefits during periods in which the employee is unable to work, as provided in the Workers' Compensation Law, Chapter 440, Florida Statutes. Any employee who has suffered an injury or illness while at work is required to report that injury or illness on an appropriate Port form as soon as possible. Supervisors or managers who are aware of such illness/injury are required to provide the appropriate form to the employee, to compel the employee to complete it, and to promptly report the incident to the director and the Administration Department.
2. The Administration Department administers all workers' compensation claims and benefits.
3. An employee receiving workers' compensation wage benefits may, at the employee’s election, use available leave balances to supplement those benefits. The supplemental payments plus workers' compensation benefits cannot exceed the employee's regular salary. Time spent by an employee accessing treatment for a workers’ compensation covered injury does not count as hours worked toward overtime.
4. An employee who is released to light duty by the workers' compensation primary care provider may, at the discretion of the department director, be assigned to perform other than his/her regular duties during recuperation. An employee who refuses to accept a light duty assignment will be ineligible for other disability leave, may lose workers' compensation benefits, and will be subject to disciplinary action under Section XI. of this Policy.
5. An employee who refuses to return to work after being released to unrestricted full duty by the workers' compensation primary care provider will be subject to discipline, up to and including termination, or may be deemed to have abandoned his/her job and resigned.
6. Nothing in this sub-section eliminates or reduces an employee's rights under Florida law to appeal workers' compensation decisions, nor should it be read as guaranteeing light duty work. Where no bona fide light duty work is available within the employee’s department, the employee may be required to remain out of the workplace until recuperated. While no employee will be retaliated against for having submitted a claim for benefits and will give every opportunity for employees to recover from work-related injuries, the Port reserves its right under law to terminate any employee for the inability to perform the essential functions of his or her job where the needs of the Port so require. (See Section IX E).
Short-Term Disability Leave/Reasonable Accommodations/Fitness for Duty Exam
1. All employees of the Port are expected to be able to perform the essential functions of the positions they hold. At times, a physical or mental impairment may cause an employee
  
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  VII. LEAVES OF ABSENCE Section: VII-G
  G. Disability Leave
  
  to become unable to perform one or more job functions. In such circumstance, it will be the responsibility of the employee’s department, in consultation with the Executive Director or designee, to work with the employee to identify reasonable accommodations, which will permit the employee to perform all essential job functions. This process may take more than one try, depending on the specific facts of the case. Though the employee’s input on accommodations should be given weight, an employee is not entitled to demand a particular accommodation if the department wishes to provide a different accommodation, so long as the accommodation will permit the employee to perform the essential functions of his or her job. The Administration Department should be consulted where any questions arise over the identification of accommodations.
2. A department director who, through appropriate medical documentation or written representations from the employee, becomes aware that an employee is unable to perform the functions of his/her job due to illness or injury, will explore with the employee any workplace accommodations which may permit the employee to perform the essential functions of the job. A department may require an employee to submit to a fitness for duty medical examination by a physician named and paid for by the department. The Port’s inquiry is limited to whether the employee is able to perform essential job-related functions with or without an accommodation and, if not, the probable duration of the limitation and expected return to full duty. If the medical examination confirms that the employee is unable to perform the essential functions of his/her job with or without reasonable accommodation, the employee may request to be placed on short term disability leave for up to thirty (30) calendar days. The granting of such request is at the discretion of the department director. NOTE: Outside of a worker compensation claim administered by the Administration Department or a Port-paid fitness for duty examination, department employees, including directors and personnel liaisons, should NOT be directly communicating with healthcare providers of employees. Instead, all such communication will be made through the employee to the provider in writing.
3. At the outset of short-term disability leave, the department director shall inform the employee in writing of the maximum duration of the leave and that a release to work will be required upon conclusion in order to return to work.
  NOTE: The granting, denying, or administration of short-term disability leave under this rule relates only to the ability to remain on the Port’s payroll as an employee and does not constitute, and is in no way related to, any disability insurance policy or other benefit to which an employee may be entitled on becoming disabled, whether such policy or benefit is issued through the Port’s self-insurance program or via a private insurer.
4. An employee placed on short-term disability leave is required to use sick leave hours. If sick leave is exhausted, the employee may use any other types of accrued leave (i.e. vacation, compensatory time, or personal holiday (must be used as a whole day) leave credits).
5. At the conclusion of the short-term disability leave, the following options are available:
  1. The employee may return to work with a medical certification to do so.
    
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    VII. LEAVES OF ABSENCE Section: VII-G
    G. Disability Leave
  2. The department director may require the employee to submit to a medical examination to determine if the employee is able to perform the essential functions of the job with or without reasonable accommodation.
  3. The employee may request an extension of short-term disability leave for another thirty (30) calendar days not to exceed a total of three (3) consecutive months. The department director may require the employee to produce medical certification indicating that he/she remains unable to perform the essential functions of the job during these periods. Such requests may be granted under exceptional circumstances, depending on the operational needs of the department.
  4. The department director in conjunction with the Administration Department may look for other open positions within the organization that the employee is qualified for and for which the employee can perform the essential functions of the job with or without accommodation.
  5. The department director may accept the employee's voluntary written resignation for reason of inability to perform assigned duties.
  6. The employee may be separated from employment.
6. While under short-term disability leave without pay, it is the employee's responsibility to pay any group health and life insurance premiums that are normally paid by the employee. Such monthly premiums must be paid by the employee to Employee Health Benefits prior to the effective month of coverage; otherwise, EHB will cease coverage as to health, or inform the life insurance company which may terminate coverage.
Retirement Disability Leave Benefits (Florida Retirement System)
1. Regular Disability Benefits - Employees are eligible for regular retirement disability benefits upon completing eight (8) years in the Florida Retirement System. The disability must be total and permanent. The injury or illness must have occurred before termination of employment.
2. In-Line-of-Duty Disability Benefits - Employees are covered for in-line-of-duty disability beginning on the first day of employment. In-line-of-duty disability must be total and permanent. The disability must have been caused by an injury or illness that occurred in, or arose from, the actual performance of duties required by the employee's job.
3. If the employee is a retiree with renewed membership, he/she is not eligible for retirement disability benefits. Retirement disability requests are handled through the Administration Department.
4. This Section is subject to amendment by the Florida Legislature. Employees should check with the Florida Retirement System or the Administration Department regarding any disability benefits that are provided by the State.

VII. LEAVES OF ABSENCE Section: VII-H

H. Domestic Violence Leave

Pursuant to Florida Statutes § 741.313, an employee who has been employed for 3 or more months is permitted to request up to 3 working days of paid or unpaid leave during any rolling 12 month period if the employee, or a family or household member of the employee, is the victim of domestic violence, where such leave is taken to:
1. Seek an injunction for protection against domestic violence or an injunction for protection in cases of repeat violence, dating violence, or sexual violence;
2. Obtain medical or mental health care for the employee or family or household member to address injuries resulting from an act of domestic violence;
3. Make the employee’s home secure from the perpetrator of domestic violence or to seek new housing to escape the perpetrator; or
4. Seek legal assistance or attend court proceedings arising from an act of domestic violence.
Domestic violence leave shall be coded as paid vacation or sick leave (depending on whether the reason for taking the leave is to seek medical treatment or not) to the extent the employee has sufficient balances in his or her relevant leave account. Otherwise, the leave shall be coded as no pay.
Except in cases of imminent danger to the health or safety of the employee or family or household member, an employee seeking domestic violence leave must provide appropriate advanced notice of the leave request, and may be required to produce sufficient documentation to support the requested leave. To the extent an employee provides personal identifying information related to a request for domestic violence leave, such information shall be maintained by the department as confidential and exempt from public records disclosure, pursuant to Florida Statutes § 741.313(4)(c)(2).
Employees who feel they are not being granted domestic violence leave should contact the Administration Department Director to determine eligibility and obtain a suitable resolution to the matter.

LEAVES OF ABSENCE Section: VII-I
1. Leaves of Absence Without Pay

Leaves of Absence Without Pay

Note: Family and Medical Leave Act (FMLA) eligibility will be considered and may run concurrently with Leaves of Absence Without Pay which are unrelated to judicial proceedings. (See FMLA Section: VII.J.)
1. Leaves of absence without pay will only be allowed upon depletion of applicable accrued leave balances. The exception to this would be an employee who requests a leave of absence without pay to supplement military leave.
2. The decision to grant leaves of absence without pay is a matter of administrative discretion and must be approved by the department director.
3. Leaves of absence without pay may be approved up to a maximum of three (3) months.
4. While under a leave of absence without pay, any group health and life insurance premiums that are normally paid by the employee must continue to be paid by the employee. Applicable monthly premiums must be paid by the employee to Employee Health Benefits prior to the effective month of coverage; otherwise, coverage will be canceled at the beginning of the delinquent period.

VII. LEAVES OF ABSENCE Section: VII-J

J. Family and Medical Leave Act of 1993 (FMLA)

Family and Medical Leave Act of 1993 (FMLA)
Note: This Section of Policy is intended to set guidelines only and does not represent the Family and Medical Leave Act of 1993, as amended, in its entirety. FMLA procedures may differ from other types of Port leave but FMLA does not provide any additional paid leave accruals over the Port’s other leave awards. (If further information is needed, contact the Administration Department.) FMLA use will be tracked concurrently with other types of leave where the reason for the leave is an FMLA-qualifying event. There are two general FMLA types, Basic Leave (see Section VII. J.1, et seq.) and Military Family Leave (see Section VII. J.15).
1. Basic FMLA Eligibility and Qualifying Events
  
  The Family and Medical Leave Act (FMLA) is not to be considered as a separate or distinct form of leave. Instead, it is a law which provides for job protection for employees who take leave from work for a covered reason. The FMLA authorizes an employee with 12 months of Port service, who has worked at least 1,250 hours during the 12 months preceding commencement of leave, a maximum of 12 weeks of FMLA, job-protected, leave during a 12 month period. The 12 month-period is based on a rolling 12 month period beginning with the most recent day upon which coverage is requested and counting back 12 months. Basic FMLA leave may be taken for the following reasons:
  1. The birth of a son or daughter of an employee and to care for the newborn child;
  2. The placement of a son or daughter with an employee for adoption or foster care (entitlement to leave for birth, placement for adoption or foster care of a son or daughter expires 12 months from the date of the birth or placement of the child);
  3. In order to care for the employee's spouse, son, daughter or natural or adoptive parent with a serious health condition.
    For purposes of this policy, definitions of spouse, son, daughter or parent are:
    1. Spouse means a husband or wife as defined or recognized under State law for purposes of marriage in the State where the employee resides. (Note: Florida does not recognize common law marriage.)
    2. Parent means a biological parent or an individual who stands or stood “in loco parentis” to an employee when the employee was a son or daughter as defined in (3) below. This term does not include parents “in law”.
    3. Son or daughter means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing “in loco parentis” who is either under age 18, or age 18 or older and “incapable of self-care because of a mental or physical disability.”
  4. A serious health condition which renders the employee unable to perform one or more functions of the employee's position.
    
    VII. LEAVES OF ABSENCE Section: VII-J
    J. Family and Medical Leave Act of 1993 (FMLA)
    
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2. Serious Health Condition
  A "serious health condition" means an illness, injury, impairment, or physical or mental condition that involves either:
  1. In-patient care (i.e., an overnight stay) in a hospital, hospice facility, including any period of incapacity (for purposes of this policy defined to mean inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment therefor, or recovery therefrom), or any subsequent treatment in connection with such in- patient care; or
  2. Continuing treatment by a health care provider, which includes any one or more of the following:
    1. A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment therefore, or recovery there from) of more than three (3) consecutive calendar days, and any subsequent treatment or period of incapacity relating to the same condition, that also involves:
      1. Treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or on referral by, a health care provider; or
      2. Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.
    2. Any period of incapacity due to pregnancy, or for prenatal care.
    3. Any period of incapacity or treatment for such incapacity due to a chronic serious health condition.
    4. A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective.
    5. Any period of absence to receive multiple treatments (including any period of recovery there from) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).
    6. FMLA leave for a serious health condition may be intermittent under the following circumstances: For intermittent leave or leave on a reduced leave schedule, there
      
      VII. LEAVES OF ABSENCE Section: VII-J
      J. Family and Medical Leave Act of 1993 (FMLA)
      
      must be a medical need for leave (as distinguished from voluntary treatments and procedures) and it must be that such medical need can be best accommodated through an intermittent or reduced leave schedule. The treatment regimen and other information described in the certification of a serious health condition meets the requirement for certification of the medical necessity of intermittent leave or leave on a reduced leave schedule. Employees needing intermittent FMLA leave or leave on a reduced leave schedule must attempt to schedule their leave so as not to disrupt the employer's operations. In addition, the employer may assign an employee to an alternative position with equivalent pay and benefits that better accommodates the employee's intermittent or reduced leave schedule.
  3. When leave is taken after the birth, or placement of a child for adoption or foster care, an employee may take leave intermittently or on a reduced leave schedule only if the employer agrees. However, the employer's agreement is not required for leave during which the mother has a serious health condition in connection with the birth of her child or if the newborn child has a serious health condition.
3. Medical Certification
  1. The employer may require that an employee's leave to care for the employee's seriously ill spouse, son, daughter, or parent, or due to the employee's own serious health condition that makes the employee unable to perform one or more of the essential functions of the employee's position, be supported by a medical certification issued by the certified health care provider of the employee or the employee's ill family member.
  2. When leave is foreseeable and at least 30 days’ notice has been provided, the employee should provide the medical certification before the leave begins. When this is not possible, the employee must provide the requested certification to the employer within the time frame requested by the employer (which must allow at least 15 calendar days after the employer's request), unless it is not practicable under the particular circumstances to do so despite the employee's diligent, good faith efforts. Failure to provide the appropriate healthcare certifications after having been requested to do so may result in disciplinary action, and/or in the delay or denial of approval of FMLA leave.
  3. In accordance with Department of Labor (DOL) rules, if the employer has reason to doubt the validity of the medical certification, the employer may request, at the employer's expense, a second or third health care provider's opinion for leave taken because of a serious health condition. The employer may also require subsequent recertification from the employee's health care provider on a reasonable basis, in accordance with DOL rules, which normally will not be more than every thirty (30) days. No second or third opinion on recertification may be required.
4. Spouses Working for the Same Employer
  
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  VII. LEAVES OF ABSENCE Section: VII-J
  1. Family and Medical Leave Act of 1993 (FMLA)
    
    If both spouses work for the Port, the combined leave shall not exceed 12 weeks in the 12- month period, if the leave is taken:
    1. for birth of the employee's son or daughter or to care for the child after birth;
    2. for placement of a son or daughter with the employee for adoption or foster care, or to care for the child after placement; or
    3. to care for the employee's parent with a serious health condition.
5. Health Insurance Premiums
  
  (Note: Any questions regarding employee health insurance premiums while under FMLA should be directed to the Administration Department.)
  1. During FMLA leaves of absence, the employer will continue to pay its portion of the health insurance premiums and maintain the employee's coverage under the health plan in the same manner as if the employee had been continuously employed during the entire leave period, provided the employee continues to pay his or her share of the premiums normally paid by the employee.
  2. Should the employee fail to continue to pay his or her share of the premiums, notices of proposed insurance cancellation and the opportunity to pay the premium as required by the FMLA will be provided before cancellation.
  3. Employees will be advised well in advance of any changes in premiums so they will have ample opportunity to make arrangements to continue to pay their share of the premiums during the Family Medical Leave. To avoid required reimbursement, appropriate certification from a health care provider may be required if the employee does not return to work because of a serious health condition.
6. Benefit Accruals
  1. During FMLA leave, the FMLA does not require accrual of employment benefits, such as vacation leave, sick leave, etc. Accordingly, during unpaid FMLA leave, accrual of benefits shall be on the same basis as for any other unpaid leaves of absence. Paid FMLA leave will continue to accrue vacation, sick, etc., on the same basis as other types of paid leave. With respect to pension and other retirement plans, any period of unpaid FMLA leave shall not be treated as or counted toward a break in service for purposes of vesting and eligibility to participate. Employment benefits to which an employee may be entitled on the day on which the Family and Medical Leave of absence begins will not be lost because of such leave, except for those paid leave days substituted for leave taken under this policy.
  2. Employees on unpaid FMLA leave are to be treated as if they continued to work for purposes of changes to benefit plans. They are entitled to changes in benefits plans,
    
    VII. LEAVES OF ABSENCE Section: VII-J
    J. Family and Medical Leave Act of 1993 (FMLA)
    
    except those which may be dependent upon seniority or accrual during the leave period, immediately upon return from leave or to the same extent they would have qualified if no leave had been taken.
  3. Employees will not be disqualified from recognition programs for which they qualified prior to leave because of the taking of FMLA leave.
    
    VII. LEAVES OF ABSENCE Section: VII-J
    J. Family and Medical Leave Act of 1993 (FMLA)
7. Relationship to Paid Leave
  1. Employees will be required to substitute paid sick leave for an equivalent portion of FMLA leave for a serious health condition. (Note: If sick leave is used for a family member’s serious health condition, a maximum of eighty (80) hours can be used for all family sick, including FMLA, during the calendar year and must be coded appropriately on the time card).
  2. If eligible sick leave is exhausted, the employee will be required to substitute any other available paid leave sources, as outlined in Section VII. B.7. If all eligible leave balances are exhausted, any FMLA leave entitlement remaining will be coded as FMLA, no-pay status. (Note: Compensatory time may be used during the FMLA leave period and will be charged against the FMLA leave entitlement.)
  3. To the extent the Port does not provide paid sick or family sick for a condition covered by FMLA, neither this policy nor the FMLA entitles the employee to paid leave. However, under paragraphs a. and b. above, paid leave and the FMLA leave will run concurrently.
  4. Workers’ Compensation or Short-Term Disability-based leaves, whether paid or unpaid, will run concurrently with FMLA leave when the reason for the leave is an FMLA qualifying event.
  5. To the extent an event occurs which makes an employee eligible for an alternative form of leave not related to absence due to covered medical reason (for instance family death and ensuing need for bereavement leave), the employee’s use of such leave will not be counted as an FMLA absence.
  6. For FMLA leave used to care for a newborn, adopted or foster child, the employee is required to concurrently use all accrued leave with the exception of sick leave. It is within the discretion of the employee to used accrued sick leave concurrently with FMLA leave.
8. Return from Family Medical Leave
  1. With the exception of certain "key" employees (salaried FMLA-eligible employees among highest paid 10 percent of all employees employed by the employer), those who return to work from FMLA leave within or on the business day following the expiration of the leave are entitled to return to their job or a position with equivalent benefits, pay and other terms and conditions of employment. Designation of "key" employee status and whether such status will affect the employee's right to reinstatement will be made at the time the employee gives notice of the need for leave, or at the commencement of leave, whichever is earlier, or as soon as practicable thereafter if such determinations cannot be made at that time.
    
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    J. Family and Medical Leave Act of 1993 (FMLA)
  2. Failure to return to work upon completion or expiration of FMLA-protected leave could result in termination of employment, in accordance with FMLA rules and regulations and the Manatee County Port Authority Personnel Policy, Rules, and Procedures Manual.
9. FMLA Procedures and Forms:
  
  Department directors, managers, supervisors and personnel liaisons shall review, be familiar with, and make use of procedures applicable to requesting, qualifying for, and approval of FMLA coverage (Note: all non-automated FMLA-forms will be available in the Administration Department). Requests for FMLA-covered leave must be submitted through use of the Port’s leave request system (when implemented) at least thirty (30) days before the leave is to begin if need for leave is foreseeable based on an expected birth, placement for adoption or foster care, or planned medical treatment for a serious health condition of the employee or a family member. If thirty (30) days’ notice is not practicable, such as because of a lack of knowledge of approximately when leave will be required to begin, change in circumstances, or medical emergency, notice must be given as soon as practicable. (Note: Notwithstanding any requirement to submit leave requests via the established leave request system, verbal notice, or the Port’s knowledge of the need for FMLA qualified leave, is sufficient to trigger the obligations under the FMLA.) Once the department has acquired knowledge that the leave is being taken for an FMLA eligible reason, whether from the employee, a health care provider or some other reliable source, the department will notify the employee, on an official Employer Response Form signed by the director, that the leave is being designated as FMLA qualified and whether it will be paid or unpaid leave (according to whether or not the employee has chargeable accrued balances.)
10. Counting FMLA Leave
  
  To the extent allowed by law, in the event an absence is for a reason covered by the FMLA, the Port will designate it as Family Medical Leave-protected whether the employee has applied for it or not. When this occurs, the employee will be promptly notified as described above. Tracking of FMLA leave is the responsibility of the employee and the employee's department. FMLA is specific to the individual employee, not to the particular health condition or family event. Therefore, employees should be aware that the maximum 12 week protection period will be inclusive of all covered conditions and events which happen within the applicable 12 month period. Additionally, where the Port obtains unequivocal confirmation, either from the employee or a health care provider, that the employee does not intend to return, or the employee’s medical condition will prevent the employee from returning to full duty permanently, or for a significant or indefinite extended period past the FMLA period, the Port may terminate employment even where the 12 week period has not yet run, and the employee's entitlement to continued leave, maintenance of health benefits, and reemployment will cease.
11. Coordination
  
  Absences due to sickness or injury, whether paid or unpaid, including absences for work-
  
  VII. LEAVES OF ABSENCE Section: VII-J
  J. Family and Medical Leave Act of 1993 (FMLA)
  
  related sickness or injury that are also covered by the FMLA, will be considered for FMLA leave.
12. Employee Obligations
  
  During FMLA leave, employees must periodically report on their medical status and intent to return to work. Upon taking such leave, the employee will be advised of the reporting requirements.
13. Medical Certification Upon Return to Work
  
  An employee who has taken FMLA-covered leave for his/her own health condition (whatever pay code) may be required to obtain certification from the employee's health care provider, based on a job and FMLA condition-related fitness-for-duty exam at the employee’s expense, that the employee is able to perform the essential functions of his/her job before being allowed to return to work.
14. Failure to Cooperate
  
  Employees who fail to provide information, which Port Manatee is allowed by law to require the employee to provide, may have their leave delayed, or not counted as FMLA leave, and be subject to discipline, up to and including termination as permitted by law.
15. FMLA Military Family Leave.
  
  In addition to the FMLA-protected categories above, Congress’s 2007 and 2010 FMLA military family leave amendments in the 2013 Final Rule provide that employees eligible for FMLA leave are entitled to leave for a covered family member’s service in the Armed Forces under the following circumstances:
  1. Qualifying Exigency Leave. Up to 12 weeks of unpaid leave in any 12 month period for a qualifying exigency arising out of a covered employee’s spouse, son, daughter, or parent’s Armed Forces (including members of the National Guard or Reserves) covered active duty or notification of an impending call or order to active duty in the support of a contingency operation; or
  2. Military Caregiver Leave. Up to 26 weeks of unpaid leave in a single, 12 month period for an employee to care for his or her spouse, son, daughter, parent, or next of kin, a service member/covered veteran, recovering from a serious injury or illness suffered while on active duty in the armed forces. FMLA leave taken for family military leave runs concurrent with other leave entitlements, as allowed under federal, state and local law.

Qualifying exigencies may arise when the employee’s spouse, son, daughter or parent who is a member of the Armed Forces (including the National Guard and Reserves) and who is on covered active duty or has been notified of an impending call or order to covered active

00462111-1

VII. LEAVES OF ABSENCE Section: VII-J

Family and Medical Leave Act of 1993 (FMLA)

duty.

Qualifying exigencies categories.
- Issues arising from the military member’s short notice deployment (within seven or less days of notice)
- attending military events and related activities
- to arrange for childcare and related activities
- issues related to care of the military member’s parent who is incapable of self-care
- making or updating financial and legal arrangements
- Attending counseling
- Rest and Recuperation leave during deployment (up to 15 calendar days)
- Post-deployment activities (within 90 days of the end of the military member’s covered active duty)
- Any other event that the employee and employer agree is a qualifying exigency

Should an employee request FMLA military family leave for a qualifying exigency, please consult with the Administration Department for additional guidance.

Contingency operation. A "contingency operation" means a military operation that is designated by the Secretary of Defense as an operation in which members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force; or results in the call or order to, or retention on, active duty of members of the uniformed services during a war or during a national emergency declared by the President or Congress.

Covered active duty is duty during deployment of the covered service member of the Armed Forces to a foreign Country.

For members of the National Guard and Reserves, covered active duty is duty during deployment of the member with the Armed Forces to a foreign country under a call or order to active duty in a contingency operation.

Deployment to a foreign country means deployment to areas outside of the United States, the District of Columbia, or any Territory or possession of the United States. It also includes deployment to international waters.

00462111-1

Service member is a current member of the Armed Forces, including a member of the National Guard or Reserves who is receiving medical treatment, recuperation, or therapy, or in outpatient status, or is on the temporary disability retired list for a serious injury or illness.

Covered veteran is an individual who was discharged or released under conditions other than

VII. LEAVES OF ABSENCE Section: VII-J

Family and Medical Leave Act of 1993 (FMLA)

dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran. The period between enactment of the FY 2010 NDAA on October 28, 2009 and effective date of the 2013 Final Rule is excluded in the determination of the five-year period for covered veteran status.

The covered veteran is undergoing medical treatment, recuperation, or therapy for a serious injury or illness if he or she:
- was a member of the Armed Forces (including a member of the National Guard or Reserves);
- was discharged or released under conditions other than dishonorable; and
- was discharged within the five-year period before the eligible employee first takes FMLA military caregiver leave to care for him or her.
  
  Serious injury or illness. A serious injury or illness means an injury or illness that is/was incurred by the covered service member in the line of duty on active duty in the Armed Forces (including National Guard and Reserves) and rendered the service member unable to perform the duties of the service member’s office, grade, rank, or rating. A serious injury or illness also includes injuries or illnesses that existed before the service member’s active duty and that were aggravated by service in the line of duty on active duty.
  Serious injury or illness for a veteran means an injury or illness that was incurred by the covered veteran in the line of duty on active duty in the Armed Forces or that existed before the veteran’s active duty and was aggravated by service in the line of duty on active duty, and that is either:
- A continuation of a serious injury or illness that was incurred or aggravated when the veteran was a member of the Armed Forces and rendered the service member unable to perform the duties of the service member’s office, grade, rank or rating; or
- A physical or mental condition for which the veteran has received a U.S. Department of Veterans Affairs Services Related Disability rating (VASRD) of 50% or greater, and the need for military caregiver leave is related to that condition; or
- A physical or mental condition that substantially impairs the veteran’s ability to work because of a disability or disabilities related to military service, or would do so absent treatment; or
- An injury that is the basis for the veteran’s enrollment in the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers.

In order to obtain military family leave to care for a family member who is recovering from an injury or illness suffered while on active duty in the armed forces, an employee must demonstrate a qualifying injury or illness is suffered by a covered family member who is a service member/veteran of the Armed Forces, including a member of the National Guard or

LEAVES OF ABSENCE Section: VII-J
J. Family and Medical Leave Act of 1993 (FMLA)

Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list for a serious injury or illness.
The term "outpatient status" means the status of a member/veteran of the armed forces assigned to a military medical treatment facility as an outpatient, or a unit established for the purpose of providing command and control of members of the armed forces receiving medical care as outpatients. The illness or injury must be serious enough to render the person unable to perform the duties of the member’s office, grade, rank, or rating.
Next of kin. "Next of kin" is defined as the nearest blood relative to that individual.
Substitution of paid leave for military family leave. For leave taken for a qualifying exigency or for injured serviceperson caregiver leave, an eligible employee will be required to use available paid leave balances in the same manner as the Port requires for other FMLA leave taken as noted below:
Qualifying Exigency Leave: Vacation, then Comp, then No Pay
Military Care Giver Leave: Family Sick (up to yearly max), then Vacation, then Comp, then No Pay.
Married employees. When both husband and wife work for the Port, the aggregate amount of leave that can be taken by the husband and wife is 26 weeks in a single 12 month period for serviceperson caregiver leave, or a combination of active duty leave and serviceperson caregiver leave. The aggregate number of workweeks of leave to which both that husband and wife can take for only active duty leave is 12 weeks.
Notice and certification. If the need for leave is foreseeable, the employee must provide such notice to the Port as is reasonable and practicable. Employees requesting leave under this section shall provide certification for the need for the leave on such forms as may be developed in the Secretary of Labor’s final regulations, as modified by the Port.
Calculating the 12-month period. Leave for a qualifying exigency is counted as the Port calculates other categories of FMLA leave. Leave to care for a covered spouse, son, daughter, parent, or next of kin recovering from an injury or illness suffered while on active duty in the armed forces is a one-time benefit and as such, the 26 weeks are only available during a single, 12-month period. The Port will begin counting the 12-month period on the first day of leave taken to care for the injured or ill service person.
ABSENCE WITHOUT AUTHORITY Section: VIII

ABSENCE WITHOUT AUTHORITY

None of the provisions of this Policy shall be interpreted or construed to circumvent or mitigate the rule that any Port employee absent from his/her position of employment without approval of competent authority for a period of two (2) consecutive workdays/shifts is considered to have resigned without notice.
NON-DISCIPLINARY SEPARATIONS Section: IX-A

FROM PORT EMPLOYMENT

A. Resignation

NON-DISCIPLINARY SEPARATIONS FROM PORT EMPLOYMENT
1. Resignation
  1. Resignation is the separation of an employee from Port employment through submission of a written or verbal notice of intent to resign. An employee’s resignation shall be deemed as accepted by Port Manatee the moment it is tendered regardless of any stated effective date, and no supervisor, manager or director has the authority to reject or permit an employee to rescind a resignation without the express prior authorization of the Executive Director.
  2. An employee who wants to leave Port employment in good standing must notify his/her immediate supervisor at least two (2) weeks prior to leaving. The supervisor, in turn, will notify the department director. The department director may allow the employee, under extenuating circumstances, to give less than two (2) weeks' notice and still resign in good standing. In the event the department director, in consultation with the Executive Director or designee, determines that it would be in the Port’s best interest to deem a resignation notice an immediate resignation or shorten the resigning employee's notice, he/she may do so.
  3. Upon an employee's resignation notice, any interest in continued employment ceases, and the employee is not entitled to any due process hearing.
  4. Employees who resign from Port employment without two (2) weeks' notice (unless otherwise approved by the department director), or who are otherwise not in good standing may not be recommended for rehire, nor be eligible for re-employment, with the Port unless approved by the Executive Director or designee.
  5. Each Port employee separating from Port employment is requested to complete an Employee Separation Survey. The purpose of this survey form is to provide management with input the employee may have about his/her job and the Port. The completed form is maintained by the Administration Department.
  6. An employee who fails to report to work for two (2) consecutive workdays/shifts without approval of competent authority is considered to have resigned without notice. (See Section VIII, Absence Without Authority.)
  7. An employee who takes any step to run for a Manatee County Commission seat, including opening a campaign account for that purpose, filing qualifying paperwork with the Supervisor of Elections, or conducting a press conference or issuing a press release confirming his or her candidacy, shall be deemed to have resigned his or her position with Port Manatee as of the close of business of the date any of these actions are first taken. Nothing herein shall be read or interpreted as preventing an employee from standing for election for any other elective public office or applying for appointment to any appointive public office.
    
    IX. NON-DISCIPLINARY SEPARATIONS Section: IX-B
    FROM PORT EMPLOYMENT
2. Retirement

B. Retirement

None of the provisions of this Policy can be construed or interpreted to alter or impair the Port’s retirement plan, which is the Florida Retirement System, which is governed by state law.
There is no mandatory retirement age for employees of Port Manatee unless otherwise provided by Florida Statute or the Florida Retirement System. Continued employment is determined by the employee's ability to perform satisfactorily in the job classification assigned.
Employee assistance and retirement information is available from the Administration Department Director, or designee, as needed. Department directors should urge their employees to contact the Administration Department at least ninety (90) days in advance of the anticipated retirement date, to allow time to process retirement benefits.
Employees who have retired from Port employment may be re-hired by the Port in any position and under such terms and conditions as the Port may offer, consistent with policies or procedures applicable at the time of application. Retired applicants seeking re-hire with the Port must comply with any applicable hiring procedures and Florida Retirement System requirements.

IX. NON-DISCIPLINARY SEPARATIONS Section: IX-C FROM PORT EMPLOYMENT

C. Death

Separation is effective on the date the death occurs.
All compensation due the employee at separation is paid to the beneficiary, surviving spouse, or to the estate of the employee, as determined by law or by executed forms in the employee's official personnel file.
Department directors must immediately report an employee's death, regardless of cause, to the Administration Department Director and initiate the appropriate separation paperwork forthwith. The Administration Department Director, or designee, will verify whether the employee’s beneficiary is eligible for benefits under the Florida Retirement System.
Survivor benefit inquiries should be addressed to the Administration Department.

IX. NON-DISCIPLINARY SEPARATIONS Section: IX-D

FROM PORT EMPLOYMENT

D. Layoff

It is the intent of Port Manatee to provide stable employment to employees. However, there may be occasions which necessitate a reduction in the Port work force.
A reduction of work force may be instituted in cases of bona fide budget reduction, lack of work, lack of funds, program or grant discontinuation, technological replacement, or any other significant organizational change or condition of serious financial distress that may occur. When such conditions exist, the department director may, after coordination with the Deputy Executive Director and approval by the Executive Director, proceed to lay off an employee or employees. To the extent a reduction in force is necessitated by the Port’s proposed budget, layoff decisions shall be consistent with the programs, services or operations to be reduced or eliminated by such budget.
A reduction in work force may be made by work site assignment and/or specific function performed and/or unique skills or qualifications held and/or by general job classification and/or by pay grade within the affected department, or division or operation thereof.
The duties previously performed by a laid-off employee may be reassigned to other employees already working in positions in appropriate job classifications.
The decision as to what position or positions will be reduced will be made in the sole discretion of the Executive Director.
Employees scheduled for layoff may, if offered by the Port, elect to accept transfer to vacant Port positions for which they are qualified. Such transfer offers may be made at the discretion of the Port and must be accepted by the employee within three (3) days of receipt of the written offer. The employee's pay rate would be adjusted in accordance with Policy for any other Port employee changing positions within the Port. Employees who accept a transfer offer under this paragraph shall not be further entitled to any reinstatement to their prior position.
However, employees on layoff status with no offer of transfer, may for a period of twelve
(12) months from the date of layoff apply and receive preference in interviewing for any job for which they are minimally qualified.
The Administration Department shall ensure Employee Health Benefits is made aware of any layoffs to ensure proper COBRA notices are provided.
Reinstatement to employment after layoff is within the discretion of the Port.
Employees who are scheduled for layoff do not have the right to submit appeals or complaints in regard to layoff actions, except for reasons of alleged violation of these policies and procedures governing such reduction of work force, or for alleged acts of illegal discrimination.

IX. NON-DISCIPLINARY SEPARATIONS Section: IX-D
FROM PORT EMPLOYMENT
D. Layoff
The Executive Director may elect to offer separation agreements to employees subject to layoff. In such cases, no agreement may be offered prior to legal review by the Port’s legal counsel.
Employees who are scheduled for layoff should contact the Administration Department to discuss their medical coverage and other health benefits.
The Administration Department shall make all reasonable efforts to provide outplacement assistance and services to laid-off employees.

NON-DISCIPLINARY SEPARATIONS Section: IX-E
FROM PORT EMPLOYMENT
E. Disability Separation/Reasonable Accommodation

E. Disability Separation/Reasonable Accommodation
1. All employees of the Port are expected to be able to perform the essential functions of the positions they hold. At times, a physical or mental impairment may cause an employee to become unable to perform one or more job functions. In such circumstance, it will be the responsibility of the employee’s department, in consultation with the Administration Department, to work with the employee to identify reasonable accommodations which will permit the employee to perform all essential job functions. This process may take more than one try, depending on the specific facts of the case.
2. Though the employee’s input on accommodations should be given weight, an employee is not entitled to demand a particular accommodation if the department wishes to provide a different accommodation, so long as the accommodation will permit the employee to perform the essential functions of his or her job. The Administration Department and the Port’s legal counsel should be consulted where any questions arise over the identification of accommodations.
3. If no reasonable accommodation can be identified, if attempts at accommodation fail, or if the employee declines to accept an accommodation offered by the department, then the employee should be referred to the Administration Department to determine if there is a vacant position for which the employee is qualified and for which the employee can perform the essential functions of the job with or without accommodation. If so, the employee may be considered for the position which may require the employee to participate in a selection process.
4. An employee may be terminated when he/she is unable to perform the essential functions of the job because of a physical or mental impairment and where no reasonable accommodation has been identified or accepted. Separations based on the employee’s inability to perform the essential functions of the job under the provisions of this section will not be considered disciplinary terminations.
5. If the inability to perform the job occurs due to an on-the-job injury, the employee should be given a reasonable opportunity to reach maximum medical improvement (MMI) as stated by the Workers’ Compensation doctor unless such inability has existed for more than twelve
(12) weeks in the immediate prior twelve (12) month period. The point in time at which an employee is considered for discharge for an illness or off-duty injury will be dependent upon the needs of the department in conjunction with the availability of a definitive recovery prognosis. Nothing herein prohibits discharge for inability to perform duties, regardless of the source of illness or injury, where the continued non-performance of essential job functions by the employee results in an extreme hardship for the Port department or operation involved.
CODE OF ETHICS FOR OFFICERS AND EMPLOYEES Section: X

CODE OF ETHICS
1. All Port Authority employees are required to conduct the affairs of the Port in an ethical manner in accordance with the Code of Ethics for Public Officers and Employees (Florida Statutes §§112.311 - 112.326), including, but not limited to, the following:
  1. Duties and obligations will be discharged in a manner that reflects credibility upon the Port. Conduct that gives the appearance that decisions and actions are motivated by personal relationships or for personal gain do not meet the standards of conduct for employees under the Policy.
  2. In conducting the affairs of the Port, no employee shall seek or assure a favorable decision or service by any person or entity, public or private, through acceptance of gifts, loans, favors, or any other form of unethical or unlawful conduct.
  3. Employees shall not be employed or accept employment with any business entity or agency or engage in a professional activity which might result in a conflict of interest or cause/require the employee to disclose confidential information acquired as a result of his/her official capacity with the Port. Approval of secondary employment shall be obtained as provided for in Section XVI of this Policy.
  4. No employee shall solicit or accept anything of value to the recipient such as a gift (including Christmas gift), favor, loan, reward, promise of future employment, preferred service, benefit, or concession that would reasonably tend to improperly influence the officer or employee in the discharge of his or her official duties or give the appearance of improperly influencing the officer or employee.
  5. No employee shall disclose/use information not available to members of the general public and gained by reason of his or her official position for his or her personal gain or benefit or for the personal gain or benefit of any other person or business entity.
  6. No employee shall transact, or solicit to transact any business in his or her official capacity with any business entity of which the employee, or his or her spouse or child is an officer, director, agent, or member, or in which the employee or his/her spouse or child owns a financial interest, or otherwise has any material interest therein. Nor shall an employee, acting in a private capacity, transact or solicit to transact any business with the Port, or with any of its subdivisions or agencies.
  7. No employee shall have personal investments in any business which would reasonably create a conflict between his or her private interests and the Port’s interest.
  8. No employee or his or her spouse or minor child shall, at any time, accept any compensation, payment or thing of value when he or she knows, or with the exercise of reasonable care, should know, that it was given to influence a vote or other action in which the employee was expected to participate in his or her official capacity.
    1. CODE OF ETHICS FOR OFFICERS AND EMPLOYEES Section: X
      1. No employee shall have or hold any employment or contractual relationship with any business entity or agency which is subject to the regulation of, or is doing business with the Port, or any part of the Port of which he or she is an employee. Nor shall any employee have or hold any employment or contractual relationship which will create a continuing or frequently recurring conflict between his or her private interests and the performance of his or her public duties, or that would impede the full and faithful discharge of his or her public duties.
        j. Violations of the Code of Ethics are violations of State law and can result in fines, removal from employment, and criminal conviction; as well as in discipline, up to and including discharge from Port employment.
2. Certain Port employees, including “Local Officers,” “Procurement Employees,” “Legislative Analysts,” and those who are required by law to file either limited financial disclosure forms (Form 1), or full financial disclosure forms (Form 6), are under more stringent requirements, especially with regard to the acceptance of gifts and honoraria.
3. Port employees are encouraged to seek guidance from the Port legal counsel and/or the Administration Department if there is any question whatsoever about the propriety of any contemplated action prior to such action being undertaken. A copy of the statutory Code of Ethics may be obtained by contacting the Administration Department office. Employees may also request, through their department directors, a formal request for an opinion from the Florida Commission on Ethics in Tallahassee. Such requests shall be directed to the Port’s legal counsel, which shall formulate the request and be the point of contact with the Port Authority.
4. Procedures Upon Offering of Group Gift - From time to time, including during holidays, Port departments, divisions, crews or individuals may receive or be offered gifts including gift certificates, baskets, tickets, food, or other items of value, from developers, vendors, contractors, lobbyists and other persons who conduct, have conducted, or seek to conduct business with the Port Authority. In such instances, such gifts or offers should be reported to the Executive Director or designee so that the gift or offer may be evaluated under the applicable ethics laws. In cases where it is determined that a gift or offer may not be accepted, the gift will be returned or offer declined. Nothing herein, however, prevents any person from presenting a gift to the Port Authority, which gift may be accepted on behalf of the Authority and used at its sole direction.
5. No employee of Port Manatee may serve on any Manatee County board, commission, task force or other body, nor hold any other office of County government, including advisory bodies. Nothing herein shall be interpreted as preventing employees from holding any office of any other governmental entity, or from serving on the board of directors of any corporation, so long as no other ethical conflict prevents such service.
6. Employees who may wish to disclose information concerning alleged violations of law or gross mismanagement, malfeasance, waste of funds or neglect of duty by a Port agent, official or contractor should report the allegations to the Administration Department.

DISCIPLINE AND DISCHARGE Section: XI-A

A. General Provisions

DISCIPLINE AND DISCHARGE
1. General Provisions
  1. The level of discipline an employee will receive for a given offense varies in each case depending on the employee's past work and discipline record, seniority and the severity of the offense.
  2. Employees may be disciplined by oral reprimand, written reprimand, suspension without pay, demotion, discharge or combinations of these for an action or failure to act which adversely affects job performance or the efficient operation of their work unit or Port Manatee. It is the intent of the Port that employees succeed within their own departments. Therefore, transferring of employees from one department to another is a disfavored practice and will not generally be used to address employee performance or misconduct issues.
  3. Employees do not possess a property interest in their positions and therefore may be disciplined, up to and including discharge without cause, and are not entitled to any recourse except as provided in this paragraph and Section XI.D.2. of this Policy. Further, employees who have waived their appeal rights by virtue of having entered into a last chance agreement or voluntary separation agreement are not entitled to appeal any subsequent discipline to the extent set forth in such agreements. If any such employee believes he/she has been disciplined or discharged as a result of illegal discrimination, the employee must follow the procedures outlined in Section XIII of this Policy regarding Illegal Discrimination or Harassment.
    
    XI. DISCIPLINE AND DISCHARGE Section: XI-B
2. Grounds for Discipline or Discharge

B. Grounds for Discipline or Discharge

Employees may be disciplined or discharged for any reason, including but not limited to, the following reasons:

Incompetency or inefficiency in the performance of assigned duties.
Possession, use, sale, purchase, or attempt to sell or purchase, any illegal controlled substance, on or off duty; misuse of prescription drugs while on duty.
Consumption or possession of any alcoholic beverage on duty or while operating or riding in or on Port vehicles or equipment or immediately prior to driving a Port vehicle or operating Port equipment.
Reporting to work, or working with, the presence of alcohol or illegal drugs in one’s body; or failure to inform supervisor of use of prescription or non-prescription medication which may affect the employee's ability to safely and effectively perform job functions, or otherwise reporting to work while either mentally or physically unfit to perform duty.
Refusal to submit to drug or alcohol testing as provided for in the Port’s Drugfree Workplace Policy or as may be required by law; attempting to contaminate test specimens or otherwise interfering with drug or alcohol testing procedures.
Insubordination including refusing to perform work when assigned, or to comply with written or verbal instructions of the supervisory force, including the use of abusive or threatening language or behavior directed toward a supervisor.
Refusal to fully and truthfully cooperate in an investigation conducted by or at the direction of the Port or to testify at any hearing or proceeding when directed to do so.
Interference with the work of another employee.
Conducting personal business during duty hours.
Unexcused or excessive absenteeism or tardiness, including failure to report to duty at any reasonable time.
Political campaigning in writing, orally, or by telephone while on the job or during work hours.
Carelessness or negligence in handling or control of Port property or the improper appropriation of Port property.
Willful or negligent failure to follow safety rules or procedures.
Discourteous, insulting, abusive, or inflammatory language or conduct toward any person, which disrupts the workplace or serves to offend any citizen, vendor or other person with whom the employee comes into contact during the performance of duties.
Inability to perform the essential functions of the employee’s position with or without

XI. DISCIPLINE AND DISCHARGE Section: XI-B
B. Grounds for Discipline or Discharge

reasonable accommodation, including the inability to maintain regular attendance.
Failure to comply with ethical requirements in law or these Policies, including the acceptance of a gift under circumstances from which it could reasonably be inferred that the giver expects preferred treatment in a Port-related matter.
On or off the job conduct which adversely affects the ability of the employee to perform his/her duties or the ability of another employee to perform his/her duties. This includes conduct that adversely affects the efficient operation of Port Manatee or any department/office/division/area thereof.
Lying, falsifying an official document including employment applications, medical examination forms, accident records, insurance records, leave or payroll records, purchase orders, or any other dishonesty connected with the employee’s job or the operation of Port Manatee.
Unlawful or unauthorized possession, use, or threat of use, of a deadly weapon, including a firearm, ammunition, explosive device, illegal knife, or other weapon, while on duty, on Port property, or in a Port vehicle.
Horseplay, fighting, unsafe conduct, or other disorderly misconduct, while on duty or on Port Manatee property.
Violation of a Port or departmental rule, procedure, order or regulation, any statute or ordinance related to Port employment, or any provision of this Policy.
Unlawful or improper conduct, either on or off the job, which would tend to affect the employee’s relationship to his or her job, his fellow workers, or Port Manatee’s reputation or goodwill in the community.
Any fraudulent, criminal or dishonest act committed alone or in collusion with others, including but not limited to stealing, embezzlement, extortion, assault, battery or vandalism, whether committed on or off the job, and whether criminally prosecuted or not.
Engaging in discriminatory or harassing behavior of a verbal or physical nature which includes, but is not limited to, slurs, epithets, jokes, negative stereotyping, or other acts that relate to race, religion, gender, national origin, marital status, age, disability or any other legally protected status; or any display or written or graphic material such as photographs or cartoons that denigrates or shows hostility or aversion toward any individual or group because of same; as prohibited by Section XIII.
Violation of § 447.505, Florida Statutes, prohibiting public employees from participating in any strike against a public employer.
Conviction or guilt of a felony or a misdemeanor of the first or second degree as defined by Florida statutes or federal criminal law, without regard to or status of any criminal proceeding, or any violation of a Port or municipal ordinance involving moral turpitude, while either on or off the job.

00462111-1

XI. DISCIPLINE AND DISCHARGE Section: XI-B
B. Grounds for Discipline or Discharge

00462111-1
Failure to obtain and maintain, or suspension or revocation, of a state, federal or other license/certificate required or essential to the performance of the employee's job, and failure to inform the Port of such suspension or revocation of license/certification.
Unacceptable driving record as determined by Port Manatee, or the loss, suspension, or revocation, of a driver's license, when driving duties and/or possession of a valid driver's license are requirements for the employee's job.
Two or more related or unrelated disciplinary actions.
A less than satisfactory employee performance evaluation.
Use of Port vehicles or equipment for other than Port business.
Failure to use seat belts while driving or riding in Port vehicles, or any other violation of the policies on the use of vehicles for Port business.
Failure to notify the Executive Director or designee of any criminal arrest, charge or conviction within three (3) business days of such arrest, charge or conviction.
Operating, using, or possessing tools, equipment or machines to which the employee has not been assigned, or performing other than assigned work.
Productivity or workmanship not up to required standards of performance.
Failure to properly wear a complete Port uniform as provided by the employee’s department, or to display proper Port identification as required by departmental rules.
Taking more than specified time for meals and rest periods.
Habitual failure to properly and timely complete record of time worked.
Knowingly making any unauthorized marks or amendments to time records of oneself or of another, or requesting or soliciting another employee to make such marks or amendments.
Failure to obtain and keep current the required authorization for outside employment.
Failure to report immediately to the department director the loss of a Port identification card or access keys.
Knowingly permitting another person to use your Port identification card, or using another person’s identification card, or altering a Port identification card.
Failure to keep the Administration Department notified of current address and telephone number.
Unauthorized posting or removal of any matter on or from any Port bulletin boards or Port property.
Provoking or instigating a fight, or actively participating in a fight during the workday, including breaks and meal periods, or at any time while on Port property.

XI. DISCIPLINE AND DISCHARGE Section: XI-B
B. Grounds for Discipline or Discharge
Sleeping during work hours. Unauthorized distribution of written or printed matter of any description on Port premises.
Failure to report to the Executive Director or designee a request for information, or receipt of a subpoena from an attorney, law firm, or court of law in connection with Port-related litigation.
Unauthorized vending, soliciting or collecting contributions at any time on Port premises.
Failure to comply with the Port’s computer and internet use policies.
Failure to comply with the Port’s Drugfree Workplace Policy.
Disregarding job duties by loafing or neglecting work during working hours or stopping work, wasting time, or loitering, or temporarily leaving assigned work area during working hours without permission.
Abuse of vacation or other leave privileges, including failure to follow leave request procedures or giving false information to access leave.
Being absent without permission or leave.
Deliberately misusing, destroying, damaging, or causing to be destroyed or damaged, any Port property or property of a co-worker or citizen.
Making false claims or misrepresentations in an attempt to obtain accident benefits, workers’ compensation benefits, health insurance payments, or other benefits.
Knowingly harboring without proper treatment, a communicable disease, which may endanger the health of other employees.
Concerted curtailment or restriction of production or interference with work in or about the Port’s work stations including, but not limited to, instigating, leading or participating in any walkout, sit-down, stand-in, slowdown, sick-out, refusal to return to work at the assigned time for the scheduled shift, or participation in a strike or any concerted activity against the Port as defined in Florida Statutes.
Threatening, intimidating, coercing or interfering with fellow employees, supervision or the public at any time, including the use of abusive, foul or obscene language.
Making or publishing false, vicious or malicious statements concerning any employee, supervisor, the Port or its operations.
Failure to report a work-related accident, illness or injury to the Administration Department.
Theft or misappropriation of Port funds or other assets.

XI. DISCIPLINE AND DISCHARGE Section: XI-B
B. Grounds for Discipline or Discharge
Any other reason that the Executive Director believes is grounds for disciplinary action.

XI. DISCIPLINE AND DISCHARGE Section: XI-C

C. Progressive Discipline

Progressive discipline is a series of steps which provide a systematic approach to address and correct performance or behavior that fails to meet standards established by the Port.
This subsection shall cover all employees of the Port. Regular employees may appeal discipline in accordance with Section XI.D. Probationary and temporary employees cannot appeal any disciplinary decision unless there is a claim that it constitutes illegal discrimination or harassment, in which case a complaint may be filed pursuant to Section XIII.
Directors and supervisors may utilize this process when discipline becomes necessary in an attempt to maintain fairness and consistency. However, the step at which progressive discipline begins may vary depending on a number of factors, such as the nature and severity of the conduct, the employee’s past discipline and performance record, and seniority. The Executive Director or designee may be consulted at any step in the Progressive Discipline procedure.
The following steps apply to progressive discipline (Note – oral or written counseling(s) and warnings are not considered disciplinary action for purposes of appeal, but are available tools to use in appropriate circumstances prior to issuing discipline. However, where conduct so warrants, counseling and/or warnings may be skipped in favor of disciplinary action or discharge):
Step 1 - Oral Counseling or Warning Step 2 - Written Counseling or Warning
Step 3 - Written Discipline Notice, Suspension Without Pay, Probation, Demotion Step 4 - Discharge
When a supervisor determines that an employee’s behavior or performance fails to meet standards established by the Port or violates any provision of this policy, the supervisor should discuss such concerns with the employee and recommend a course of action for improvement. The discussion should include the following interactive process:
1. Clearly outline the behavioral problem or performance deficiency.
2. Allow the employee to respond to the concerns.
3. After considering the employee response, explain expected conduct or performance changes.
4. Establish a reasonable time frame in which improvement can be noted. In some cases, it is reasonable to expect quick improvement; other times, months may be more appropriate.
5. Tell the employee what the consequences will be if performance does not improve.
6. Ask the employee for a commitment to improve performance and correct the problems and follow up with the employee, providing feedback where appropriate.
  
  XI. DISCIPLINE AND DISCHARGE Section: XI-C
  C. Progressive Discipline
7. Document this process on official Counseling/Warning or Discipline forms as appropriate.
  Step 1 - Oral Counseling or Warning. Progressive discipline may begin with an informal discussion between the supervisor and the employee.
  
  Step 2 - Written Counseling or Warning. Absent an improvement in performance, or upon recurrence of a minor violation, the supervisor issues a written warning or counseling to the employee on appropriate Port form. A copy of the counseling/warning, together with a copy of the employee’s response (if any) will be sent to the Administration Department for inclusion in the employee’s official personnel file.
  
  Step 3 - Written Discipline Notice, Suspension without Pay, Probation, Demotion. Absent an improvement in performance following a written counseling/warning, or upon the occurrence or recurrence of a serious violation, the department director may discipline with written notice, suspend without pay, place on probation, or demote, the employee. These measures are coordinated with the Administration Department. Discipline actions shall be taken through issuance of the Port’s official Notice of Employee Discipline form, and will be sent to the Administration Department for inclusion in the employee’s official personnel file.
  
  Step 4 - Discharge. Absent an improvement in performance following suspension without pay, probation, or demotion, or upon the occurrence or recurrence of a serious violation, the department director may decide to discharge the employee. Documentation associated with discharge will be included in the employee’s official personnel file.
The progressive discipline policies specified herein are guidelines only and shall not be interpreted as creating a condition precedent to the issuing of justified disciplinary action or any particular level of discipline.

DISCIPLINE AND DISCHARGE Section: XI-D
D. Appeal Process

D. Appeal Process
1. Discipline Not Including Discharge
  1. A regular employee who is disciplined by written Notice of Discipline, suspension without pay, or demotion may, within five (5) business days after the employee is notified of the discipline, excluding weekends and holidays, request a review by the Executive Director of the discipline action. The request for review must be submitted to the Administration Director in writing and must state with specificity why the employee disagrees with the discipline action. The official Port form must be used to file the appeal. Upon receipt of a timely request, the Executive Director or his/her designee will provide a review of the discipline action, which will include an opportunity for the employee to explain the facts surrounding the discipline and why he/she disagrees with the disciplinary action.
  2. The Executive Director shall make the final determination. In the event the Executive Director determines that the discipline was unwarranted or too severe for the incident concerned, the employee's suspension will be rescinded and loss of pay, benefits, or seniority restored, or the appropriate discipline will be imposed as determined by the Executive Director.
2. Discharge
  1. A regular employee, whose conduct is under investigation or whose discharge is contemplated, may be placed on administrative leave without pay pending a final decision. Such employee shall be offered a pre-termination meeting unless the discharge is in accordance with Section XXI of this Policy. The purpose of a pre-termination meeting is to provide the employee an opportunity to hear the charges against him or her, and to present reasons why his/her employment should not be terminated. The Executive Director will make the final determination based on the information presented at the meeting.
  2. Name Clearing Hearings
    1. When an employee is discharged and provided with reasons that constitute stigmatizing information connected with the discharge, the employee may within ten
      (10) calendar days of receiving notice of the discharge, request a hearing for the sole purpose of responding to the information considered to be stigmatizing.
    2. The Executive Director or his/her designee shall provide the discharged employee with an opportunity to clear his/her name either in person or in writing. Such a hearing shall not entitle the employee to any relief from discharge.
00462111-1
EMPLOYEE COMPLAINT PROCEDURE Section: XII-A
1. General Provisions
  1. EMPLOYEE COMPLAINT PROCEDURE
    A. General Provisions
    1. Purpose
      The purpose of the Complaint Procedure is to establish a process for resolving employee work-related problems and complaints at the lowest administrative level possible and to ensure the fair, expeditious and orderly resolution of employee problems and complaints. The Complaint Procedure shall NOT be used to address issues related to disciplinary actions or allegations of illegal harassment or discrimination. Complaints regarding such matters must be processed under the provisions of Section XI. Discipline and Discharge or Section
  2. Illegal Discrimination or Harassment.
    1. Coverage
      1. The Employee Complaint Procedure is applicable to all employees.
      2. Employees, including probationary and temporary employees, who wish to lodge a complaint concerning illegal discrimination must utilize the formal procedures established in Section XIII of this Personnel Policy Manual.
    2. Time Limits
      1. The time limits set forth in this Procedure are strictly adhered to unless waived by both parties concerned or the Administration Department Director or designee.
      2. Failure on the part of the supervisor, the department or the Administration Department to comply with the time limits enables the employee to proceed to the next step.
      3. If an employee fails to comply with the time limits, his or her problem shall be deemed resolved, and any pending complaint shall be dismissed.
    3. Responsibilities of Department Directors
      1. Department directors are responsible for ensuring that supervisors promptly handle employee problems and that each employee is made aware of this Procedure.
      2. Department directors are encouraged to call upon the Administration Department Director for an interpretation of any Port Personnel Policy or Procedure or for guidance regarding the application of Port Personnel Policies, Rules and Procedures. Department directors are also encouraged to consult with the Administration Department Director or designee concerning employee relations matters.
  XII. EMPLOYEE COMPLAINT PROCEDURE Section: XII-B
2. Procedural Steps

B. Procedural Steps

The following steps are available to employees for the orderly and expeditious processing of non- disciplinary, work-related problems or complaints.

STEP I: Immediate Supervisor
1. When an employee has a work-related complaint, the employee should consult with his/her immediate supervisor within ten (10) calendar days of the occurrence. Either or both parties may request the Administration Department’s assistance in resolving the complaint. However, employees are encouraged to work in good faith with their respective supervisors for speedy resolutions of their problems or concerns.
2. If a satisfactory resolution is not reached within two (2) of the supervisor’s working days following the employee's initial consultation with the supervisor, the employee has two
  (2) additional work days to put the problem in writing on an official form and to present it to his/her supervisor.
3. The supervisor has two (2) working days (supervisor’s working days) from the day the employee presented the written complaint to give the employee a written decision on an official form, forwarding copies do the department director and the Administration Department.
STEP II: Department Director
If the matter is not satisfactorily resolved in Step I, the employee may present the written statement of the problem or concern to the department director. This step must be taken within five (5) working days of receipt of the supervisor's written decision. The department director shall render a written decision to the employee within five (5) working days after receipt of the employee's written statement, forwarding copies to the Administration Department.
STEP III: Administration Department
In the event the complaint remains unsettled, the employee may refer the matter to the Administration Department within five (5) working days of receipt of the department director's decision. The Administration Department Director or designee may request to meet with the employee and any other concerned parties. In the event the complaint is not resolved within ten (10) working days of receiving the complaint, the Administration Department will prepare a report to the Executive Director.
STEP IV: Executive Director

The Executive Director or his/her designee will consider the complaint. Upon request, the complaining employee may explain his/her position in writing and/or in a meeting with the relevant parties. After considering all the available information, including any recommendation by a designee, the Executive Director will make a final determination within fifteen (15) calendar days after receipt of written submission, meeting with employee, or

XII. EMPLOYEE COMPLAINT PROCEDURE Section: XII-B

B. Procedural Steps

receipt of designee’s report, whichever is last-occurring.

EMPLOYEE COMPLAINT PROCEDURE Section: XII-C
C. Prohibition Against Retaliation

C. Prohibition Against Retaliation
1. Port Manatee prohibits retaliation against any employee for using the Employee Complaint Procedure or for participating or cooperating in any way in connection with this Procedure.
2. An employee who believes that he/she has been harassed or retaliated against for having used this complaint procedure may, within ten (10) calendar days of the occurrence, file such allegation with the Administration Department for further investigation. After completion of its investigation, the Administration Department will submit a report of its investigation to the Executive Director, who will take appropriate action.
3. Violation of this section is subject to disciplinary action up to and/or including discharge.
ILLEGAL DISCRIMINATION OR HARASSMENT Section: XIII

ILLEGAL DISCRIMINATION OR HARASSMENT
1. Policy
  1. Port Manatee is committed to providing workplaces that are non-discriminatory and afford equal treatment to all. The Port will not condone or tolerate illegal discriminatory behavior. This specifically includes sexual harassment and any other type of harassment or discriminatory conduct based on race, color, religion, sex, national origin, ancestry, gender, age, marital status, sexual orientation, gender identity, genetic information, veteran status, citizenship, disability or any other legally protected class.
  2. Employees shall not engage in conduct which violates this policy at any time during working hours or on Port premises while off duty.
  3. All administrative and supervisory personnel are expected to abide by the Port’s commitment to equal opportunity and treatment under the law and to ensure that this policy is fully implemented and enforced.
  4. Due to the severity of illegal discriminatory conduct, and the legal questions which are often involved in investigating such conduct, the procedures in this policy shall be used in investigating and dealing with illegal discrimination complaints. The Port’s general Complaint Procedure shall not be used to address such complaints.
2. Definitions
  1. Illegal harassment or discriminatory conduct can be any verbal or physical conduct that belittles or otherwise shows hostility or aversion toward an individual or group based upon that individual’s or group’s race, color, religion, sex, national origin, ancestry, gender, age, marital status, sexual orientation, gender identity, genetic information, veteran status, citizenship, disability or other legally protected status, and that for a reasonable person:
    1. has the effect of creating an intimidating, hostile, or offensive work environment; or
    2. has the effect of unreasonably interfering with an individual’s work performance; or
    3. otherwise adversely affects an individual’s terms and conditions of employment.
  2. Examples of illegal harassment include, but are not limited to, epithets, slurs, jokes, negative stereotyping, or other acts which are threatening, intimidating, or hostile in nature, that relate to a protected class, or any display of written or graphic material such as photographs or cartoons that belittles or shows hostility or aversion toward an individual or group because of the same.
  3. Sexual harassment is generally defined as abusive treatment of an employee by the employer or by a person or persons under the employer’s control, which would not occur but for the person’s gender, when:
    1. submission to such conduct is made either explicitly or implicitly a term or condition
      
      00462111-1
      
      XIII. ILLEGAL DISCRIMINATION OR HARASSMENT Section: XIII
      
      of an individual’s employment; or
    2. submission to such conduct by an individual is used as the basis for employment decisions affecting the individual; or
    3. such conduct has the effect of unreasonably interfering with an individual’s work performance or creating an intimidating or offensive work environment.
  4. Examples of conduct which may constitute sexual harassment may include, but are not limited to, the following:
    1. unwelcome sexual advances, flirtations, or propositions
    2. actual or implied demands for sexual favors in exchange for favorable treatment or continued employment
    3. unwelcome jokes or remarks of a sexually oriented nature
    4. verbal abuse of a sexual nature
    5. unwelcome commentary about an individual’s body, sexual prowess, attractiveness, or sexual deficiency
    6. any display in the workplace of sexually suggestive objects, pictures, posters, or reading material
    7. a coerced sexual act or assault
    8. uninvited physical contact of a sexual nature such as pinching, grabbing, patting, or brushing against another person
    9. uninvited leering, whistling, or gestures of a sexual nature
3. Procedure
  1. Any employee or applicant who believes that he or she is being or has been illegally discriminated or retaliated against or harassed must file a timely written complaint with the Administration Department Director or specifically-designated senior-level Port personnel. To the extent the Port maintains an official form for the purpose of filing a charge under this section, such form must be used.
  2. Departmental directors, managers and supervisors are responsible for bringing any allegations or concerns related to potential cases of illegal discrimination or harassment to the immediate attention of the Administration Department.
  3. The Administration Department will be responsible for evaluating all complaints under this policy and making the determination on whether or not an internal investigation is warranted. In cases where such an investigation is determined to be warranted, the Executive Director will designate an appropriate person or persons who shall be responsible for conducting a prompt, thorough and objective investigation.
    1. ILLEGAL DISCRIMINATION OR HARASSMENT Section: XIII
  4. Employees questioned during the course of an investigation are obligated to cooperate in a full and honest manner. No employee shall face any form of reprisal for making a complaint or for his or her cooperation with an internal investigation. Employees who either refuse to cooperate in an internal investigation, or who intentionally give false information at any point within an investigation, shall be subject to disciplinary action.
  5. Once an internal investigation has been concluded, the Administration Department will review the investigator’s written report with the Executive Director and appropriate senior staff, to include the department director(s) at-interest and a representative of the Port’s legal counsel. This panel will determine the remedial action to be taken, if required. A final written report containing final findings and the actions taken will be generated at the conclusion of the investigation and review, with a copy provided to the complainant. Individuals against whom allegations were raised will likewise be entitled to receive a copy of the final report upon request.
  6. Once an investigation has been concluded, it shall be the responsibility of the department director at-interest to implement the remedial actions which were determined by the review panel to be appropriate. The Administration Department shall be responsible for monitoring the workplace situation, and should be contacted by the complainant or other affected parties if they at any point feel that either retaliation is taking place or the illegal behavior is continuing.
  7. This internal complaint and investigation process does not preclude an aggrieved employee from filing a complaint with the United States Equal Employment Opportunity Commission and/or the Florida Commission on Human Relations. However, failing to utilize this internal procedure may under the law result in the loss of important legal rights.

EMPLOYEE RECOGNITION PROGRAM Section: XIV

EMPLOYEE RECOGNITION PROGRAM
1. The Port Authority seeks to recognize and reward Port employees for dedication to the Port, exemplary performance and innovation, and gains in efficiency, Port positive environmental impacts and cost reduction, all of which enhance the performance of Port Authority.
2. All regular full and part-time employees shall be eligible to receive recognition and awards related to an individual employee's or work group’s exceptional accomplishments or contributions related to their Port service. When authorized by the Port Authority, persons or organizations involved in volunteer services may also be recognized.
3. Employees may, to the extent budgeted funds are available, receive appropriate recognition including plaques or other suitable tokens of recognition, monetary awards, luncheons and dinners for employees (excluding the cost of any alcoholic beverages or the cost of means for spouses or guests), refreshments and light snacks (such as coffee, donuts, pastries, chips) for employee or guests, and seasonal or holiday items designed to promote good will towards the activities, services and projects of the Port. Any monetary awards to employees shall be made through payroll.
4. Employees may receive recognition based on the following criteria:
  - Discovery or invention of a unique innovative idea, process, procedure or policy which will result in significant improvement or efficiency in the operation of their department or the Port in general.
  - Implementation of a project, idea, process, procedure or policy resulting in significant monetary savings to the Port.
  - Outstanding and exemplary performance in the daily capacity of an employee which far exceeds the expectations of the position.
  - Achieving or substantially contributing to the achievement of a highly desirable outcome, either in terms of substantial safety improvements or the avoidance of risk, or otherwise obtaining an extraordinary beneficial result through exceptionally strenuous or complex work of a non-routine nature.
  - Providing highly effective assistance “above and beyond the call of duty” type efforts resulting in a positively changed outcome for the employees or stakeholders of the Port.
  - Longevity of service to the Port.
    - 5 years of service – Employee receives a certificate
    - 10 years of service – Employee receives a certificate and $100
    - 15 years of service – Employee receives a certificate and $150
    - 20 years of service – Employee receives a certificate and $200
    - 25 years of service – Employee receives a plaque and $250
      1. EMPLOYEE RECOGNITION PROGRAM Section: XIV
        
        30 years of service – Employee receives a plaque and $300
        35 years of service – Employee receives a plaque and $350
        Retirement – After 10 or more years of service, the employee receives a bell plaque.
        Participation in incentive, productivity improvement or suggestion contests or programs.
        Donation of gifts for the benefit of the Port.
5. All employee awards provided for herein shall be in accordance with Florida law and Port policies concerning such awards. The Administration Director shall have the authority to develop and periodically revise procedures and forms to implement the Port Authority’s policies concerning employee awards.

EMPLOYEE PERFORMANCE EVALUATION SYSTEM Section: XV

EMPLOYEE PERFORMANCE EVALUATION SYSTEM
1. Under the direction of the Executive Director, the Deputy Executive Director administers a program for rating the work performance of Port Manatee employees.
2. The Performance Evaluation Program is designed to provide procedures and guidelines for supervisors to evaluate the performance of Port employees in the accomplishment of their assigned duties and responsibilities.
3. Through the uniform application of these procedures and guidelines, supervisors can use the Performance Evaluation Program as an effective management tool to recognize accomplishments, guide and reward performance and improve productivity and morale.
4. The Executive Director is authorized to approve administrative revisions to the Performance Evaluation Program.
5. The Employee Performance Evaluation Forms must be used for all official employee performance evaluations. These forms shall be posted on the Port’s computer networks so as to facilitate electronic completion.
6. Performance Evaluation Program guidelines may be published separately to aid management in the use of the Program.
7. All employees of Port Manatee may, at their election, draft and submit a written response to any performance evaluation given by management. Such written responses, which shall be free of profane, discriminatory, abusive or inflammatory language, will be appended to the evaluation being responded to, and placed in the official personnel file along with the employee’s evaluation.
OUTSIDE EMPLOYMENT, ENTERPRISE, BUSINESS Section: XVI

OUTSIDE EMPLOYMENT, ENTERPRISE, BUSINESS
1. No Port official or employee shall work in any enterprise or business, including self- employment, accept outside employment, or render services for private interests, whether paid or unpaid, non-profit or profit, when the employment or service conflicts with the employee's official duties. Nor shall such work create an appearance of conflict or impair independent judgment or action in the performance of the duties of a Port employee.
2. Newly-hired or current employees wishing to engage in or continue to engage in any enterprise, business, outside employment, or to render services for private interests, paid or unpaid, non-profit or profit, must first request approval from their department director on a request for outside employment form provided by the Administration Department. The department director will make an initial assessment of the request to ascertain whether the proposed nature and/or schedule of the outside employment will or likely will negatively impact the employee’s Port job performance. If an initial determination of non-interference is made by the director, the department director then informs the Administration Department Director of the request. Employees who fail to file a request to their department director prior to engaging in outside employment activity may be subject to disciplinary action up to and/or including dismissal. Newly-hired employees must declare and seek approval of supplemental employment or other outside business at the time of hiring.
3. Upon referral from the department, the Administration Department will review all pertinent information and consults with the department director as needed. The Administration Department will determine if the employment or activity is inconsistent, incompatible, or conflicts with the employee's duties and responsibilities, or may tend to do so. Based upon this information, the Administration Department will approve or disapprove the request to engage in the secondary employment or outside business.
4. The proposed employment shall not be with a business or agency subject to the regulation of, or that is doing business with, the department of the employee, except if expressly permitted by state law.
5. The proposed employment cannot require the employee to disclose or use information gained in his/her official Port position that is not available to the public.
6. Changes in secondary employment or outside business must be reported promptly to the department director, who will determine whether further approval is required.
7. Permission to engage in secondary employment and outside business may be denied or withdrawn at any time if the Executive Director, or Department Director determines, in his or her sole discretion, that such activities are interfering with, or may be expected to interfere with, the employee's production, efficiency, duties or responsibilities, or when it causes discredit or is in conflict with Port interests.
8. Any outside employment or business described above is secondary to the requirements of regular Port employment. It must not interfere with or impede the availability of an employee to perform his/her duties and responsibilities. Every employee granted approval under this
  1. OUTSIDE EMPLOYMENT, ENTERPRISE, BUSINESS Section: XVI
    
    rule must agree to respond immediately to any call to duty by the Port whenever the department director determines his/her services are necessary.
9. Supervisors must be notified immediately, but no later than the employee’s next scheduled working day, of injuries sustained during outside employment. Employees sustaining injuries from outside employment are ineligible to receive workers compensation benefits from the Port. Sick leave benefits are allowed based on injury or illness arising from outside employment only if the outside employment has been approved under this policy and only to the extent the employee is not eligible to be otherwise compensated for absences caused by the injury or illness.
10. No Port personnel, equipment, facilities, vehicles, or other property may be used by employees while engaged in outside employment, enterprise or business.
11. No employee shall perform work for private individuals or other governmental departments/agencies as a part of his/her Port employment except when the work is part of contract arrangements or an agreement entered into by the Port Authority.
12. No employee of Port Manatee shall have financial interests in the profits of contracts, services or other work performed by or for the Port. Nor shall a Port employee personally profit, directly or indirectly, from any contract, purchase, sale or service between the Port and any person or business. Any employee who violates this rule is guilty of misconduct and subject to immediate dismissal.

POLITICAL ACTIVITY Section: XVII

POLITICAL ACTIVITY
1. No person shall be appointed to, demoted, or dismissed from any Port position, or in any way favored or discriminated against with respect to employment with Port Manatee, because of political opinion or affiliations.
2. No person shall use or promise to use, directly or indirectly, any official authority or influence, whether possessed or anticipated, to secure for any person an appointment or advantage in appointment to a position in Port Manatee service, or an increase in pay or other advantage in employment in any such position, for the purpose of influencing the vote or political action of any person, or for any other political consideration.
3. As an individual, each employee retains all rights and obligations of citizenship provided in the Constitution and laws of the State and the Constitution and laws of the United States. However, no employee of Port Manatee shall:
  1. Take any active part in a political campaign while on duty or within any period of time during which they are expected to perform services for which they receive compensation from the Port. This will include making or distributing flyers, hand cards, or other campaign or political items in the workplace; or making use of any Port equipment, service or facility in furtherance of any campaign or political purpose.
  2. Use the authority of their position to secure support for or oppose any candidate, party or issue in an election or affect the results thereof.
  3. Use any promise or reward or threat of loss to encourage or coerce any employee to support or contribute to any political issue, candidate or party.
  4. Display on their person (while on duty), Port vehicles or in their workplace, any button, sign, decal or other symbol of support for any elected official, political party, issue or candidate for public office.
  5. Appear in any print, television, radio or other form of advertisement for any elected official, political party, issue or candidate while wearing a Port Manatee uniform, or while identifying oneself as an employee of Port Manatee.
    Nothing herein shall be interpreted as prohibiting a Port employee from using Port resources related to state or local referendum or initiative to the extent authorized by Florida Statutes
    § 106.113 where that employee’s duties permit or require such work, and where the Port Authority has adopted a policy or position concerning the matter.
4. An employee who takes any step to run for a Manatee County Commission seat, including opening a campaign account for that purpose, filing qualifying paperwork with the Supervisor of Elections, or conducting a press conference or issuing a press release confirming his or her candidacy, shall be deemed to have resigned his or her position with Port Manatee as of the close of business of the date any of these actions are first taken. Nothing herein shall be read or interpreted as preventing an employee from standing for election for any other elective
  1. POLITICAL ACTIVITY Section: XVII
    
    public office or applying for appointment to any appointive public office.
5. An employee elected to public office other than as a Manatee County Commissioner or Constitutional Officer shall resign from Port employment if the elected position presents any conflict of interest or interference with the employee's Port job. The Executive Director may grant written permission to remain in the Port job, if no such conflict or interference exists. For purposes of this section, a conflict of interest will be determined in the sole discretion of the Executive Director regardless of any other determination.
6. Any person who violates any provision of this section shall be subject to disciplinary action, up to and/or including discharge. However, nothing herein shall be construed to prohibit an employee’s right to file a complaint of workplace discrimination or harassment, to raise a concern regarding workplace safety, to report to appropriate authorities the misuse or theft of Port assets, or to engage in casual workplace discussions on social or political topics, so long as such discussions do not, in the judgment of management, interfere with the orderly, peaceful, and efficient performance of assigned duties or with the valid exercise of authority of management. Employees or managers having questions concerning political activities or the interpretation of this policy should consult the Administration Department Director.

SAFETY Section: XVIII

SAFETY
1. Employee safety is a primary Port Manatee obligation. All employees are personally responsible for safety in the workplace.
2. Each department requires personal protective equipment in accordance with OSHA requirements. Each department will advise of any safety requirements, including any applicable OSHA requirement, based on position.
3. Employees who knowingly and willfully violate the outlined safety or OSHA requirements are subject to disciplinary action, up to and/or including discharge, under Section XI of the Policy.
PROFESSIONAL DEVELOPMENT Section: XIX

PROFESSIONAL DEVELOPMENT
1. To encourage a well-trained, educated workforce, the Port Authority desires through this policy to provide training and education opportunities for its employees to the fullest extent allowed by law.
2. The Administration Department shall serve as clearing-house for all education/training opportunities, including but not limited to the development of training programs for all employees with the authority to make such programs mandatory where deemed necessary, and shall otherwise administer the professional development policy. Individual department directors shall have oversight of all issues herein related to the obtaining and maintaining of professional licenses, legal or technical certifications, or similar department-specific or specialized training or testing.
3. The following policies apply to costs related to degree programs and non-degree courses:
  1. Non-degree courses or seminars: Costs of training courses or seminars not taken as part of a college or university program terminating in the award of a degree may be paid for or reimbursed only if the course or seminar is designed to improve the effectiveness or efficiency of an already qualified employee in the position which the employee already holds and works in, and is not designed to qualify an employee for his/her current duties. However, such costs may be paid for or reimbursed for courses or seminars which will allow an employee to advance within established career ladders, or to obtain or maintain certifications required by state or federal laws or regulatory authorities.
  2. Degree programs: Tuition may be reimbursed at a level not to exceed 100% of the prevailing in-state resident University of South Florida rate. Reimbursement shall be limited to courses which are required as part of an overall academic program leading to a degree related to the employee’s current Port position, but specifically excludes doctoral dissertation credits. The tuition reimbursement benefit shall be applicable to actual tuition charged and shall include other college-related costs such as books and fees. Reimbursement may only be provided for a course offered by an institution accredited by the Southern Association of Colleges and Schools, or other national or regional accrediting agency recognized by U. S. Secretary of Education, as listed at: www.ed.gov .
4. Tuition reimbursement conditions: Reimbursement for college tuition is a discretionary benefit and shall always be subject to the availability of appropriated funds from the Port Authority. Approval of any specific reimbursement request is at the sole discretion of the Executive Director or designee, who must weigh all relevant facts and policies in granting or denying any request. Reimbursement is further conditioned on the award of a “C” grade (or “pass” in pass/fail courses), and upon such standards or priorities as the Executive Director may develop for eligibility, such as execution of tuition records release, whether the employee is full or part time, the employee’s work, attendance or discipline record, whether the institution is a Florida public institution, private college, or online college, and past ability of the employee to successfully complete reimbursed courses. Reimbursement may also be conditioned upon an employee’s agreeing to reimburse the Port for tuition paid should the employee receive subsequent grants or scholarships covering all or part of the Port tuition payment, resign prior to a set period of time after the course is taken, or be terminated for
  1. PROFESSIONAL DEVELOPMENT Section: XIX
    
    cause.
5. Pursuant to paragraph 3(a) above, expenditures for technical training, licensing and/or certifications, renewal of licensing and/or certifications, and testing fees may be paid for or reimbursed as long as they relate to the employee’s position or career ladder. Where the department director deems it appropriate, he/she may authorize a one-time pre-payment of fees for a required license or certification exam where such license or certification is contingent upon the passage of such exam.
6. In accordance with 29 C.F.R. §785.27, attendance at lectures, meetings, training programs and similar activities need not be counted and, consequently, shall not be counted as working time if the following four criteria are met:
  1. Attendance is outside of the employee’s regular working hours;
  2. Attendance is in fact voluntary;
  3. The course, lecture, or meeting is not directly related to the employee’s job; and
  4. The employee does not perform any productive work during such attendance.
7. A request for training form must be completed by the employee and approved by the employee’s department director or designee for any non-degree program training course or seminar attended. Examples of such training courses include, but are not limited to, training which enhances supervisory performance, communications, motivation, computer skills, legal or regulatory compliance, defensive driving, CPR and stress management.
8. Where reimbursement requests under this policy exceed available funds as they have been budgeted and allocated across the Port organization, the Executive Director or designee, may set priorities such as electing to offer only partial reimbursement to requestors, reimburse in a first-come, first-served manner, or in such other manner as is deemed needed to ensure a fair and balanced ability for all employees to obtain the benefit.
9. An employee may not use any Port personnel, equipment or supplies as part of the course or program of instruction. Nor may an employee work on projects or homework, or attend a tuition-reimbursed course during assigned working hours, unless such time is covered by approved vacation or compensatory time leave, or leave without pay.

TRAVEL TIME Section: XX

TRAVEL TIME
1. Ordinary home to work travel is not considered "hours worked" or compensable time. (This includes travel time to and from home for employees assigned a take-home Port vehicle.)
2. Exempt Employees
  
  Travel time and/or attendance at a meeting, seminar, conference, etc. (voluntary or requested by the Port) is compensable only when it occurs during regular working hours during the regularly scheduled workweek.
3. Non-Exempt Employees
  1. Travel time and/or attendance at a meeting, seminar, conference, etc., which is for the Port’s benefit and at the employer’s request is compensable, regardless if it occurs within or outside regular working hours. These hours count as hours worked towards overtime.
  2. Travel time and/or attendance at a meeting, seminar, conference, etc., which is voluntary and not required by the employer, will be compensated only during regular scheduled working hours during the regularly scheduled workweek.
  3. Employees driving or riding as passengers will receive compensation in accordance with Section XX.3.a. and b. above.
WORKPLACE VIOLENCE AND THREATS Section: XXI

WORKPLACE VIOLENCE AND THREATS
1. Port Manatee does not condone workplace violence, or the threat of violence, by any of its employees, customers, the general public and/or anyone who conducts business with the Port. It is the intent of the Port to provide an environment free from violence, threats of violence, harassment, intimidation, and other disruptive behavior.
2. Violence or the threat of violence, by or against any employee of Port Manatee or other person, is unacceptable and will subject the perpetrator to disciplinary action up to and including discharge and possible criminal charges. The Port will work with law enforcement to aid in the prosecution of anyone within or outside of the organization who commits or threatens violence against an employee or employees.
3. Possession, use, or threat of use, of a deadly weapon, including a firearm, ammunition, explosive device, illegal knife, bow and arrow, or other weapon, is not permitted while on duty, on Port property, or in a Port vehicle, unless specifically required by law.
4. Each incident of violence or threat of violent behavior, whether committed by another employee or an outside individual such as a customer, vendor, or citizen, must be reported immediately to the appropriate management authority (supervisor or Department Director) or directly to the Administration Department.
5. Any employee who acts in good faith by reporting real or implied threats or violent behavior will not be subject to any form of retaliation or harassment.
6. False or malicious reports of threats or violent behavior, real or implied, will result in an investigation and be subject to appropriate disciplinary action.
UNIFORMS Section: XXII

UNIFORMS
1. Purpose
  It is the intent of this policy to provide the following guidelines to Port employees required to wear uniforms in the performance of their duties.
  1. If the Port provides an employee a uniform, the employee shall be required to wear such uniform as a condition of employment.
  2. Employees required to wear uniforms shall only wear the uniforms while on duty or commuting. Wearing uniforms at any other time is strictly prohibited.
  3. Employees may be subject to disciplinary action, up to and/or including dismissal, for violation of any of the above.
  4. Uniforms shall be treated with due care - any charges for excessive abuse, neglect or loss will be deducted from the employee's regular pay.
  5. Employees shall comply with the uniform company's requirements regarding laundry drop off and pick up, reporting of mending needed, etc.
  6. Each employee agrees upon termination of employment, they will return all uniforms and any shortages will be deducted from the employee's last paycheck.
2. Uniform Rental Service
  
  The Port’s contract for uniform rentals provides maintenance and laundering services for all uniforms under this agreement.
MISCELLANEOUS POLICIES Section: XXIII

MISCELLANEOUS POLICIES
1. Departmental Rules
  Though Port Manatee attempts, where possible, to maintain uniform rules generally applicable to all Port employees, unique departmental needs may call for customized rules. Therefore, each Port department director may promulgate and implement departmental rules based upon operational needs and requirements as a supplement to the Personnel Policy, Rules and Procedures Manual. Such rules, when issued, shall be applicable to employees of that department as though they were published herein.
2. General Appearance and Work Attire
  The Administration is authorized to adopt reasonable standards of personal dress, appearance and hygiene during working hours. Personal appearance should be evaluated based upon the type of work, the work environment, and the amount of public contact required by the job. Designated uniforms or work clothes shall be worn as required by departmental policy.
3. Port Property and Supplies
  1. Employees are expected to take proper care in the handling and use of all Port equipment and property. Employees are not to remove Port property from the premises without authorization by the department director with the exception of those items that have been authorized for use off the premises such as cellular phones, pagers, laptop computers, etc.
  2. Employees are not permitted to “recycle,” “scavenge” or take for personal use any used or excess supplies, tools or equipment, including construction materials and office supplies, absent a published Port policy on re-use or recycling of such materials.
  3. Upon request or separation from employment, employees shall return all Port property to the Port. By accepting employment with the Port, employees agree that the replacement cost for all property damaged, lost or not returned may be deducted from the employee's paycheck without need to file any further legal action against the employee, except to the extent a deduction would reduce pay to an hourly rate below the prevailing minimum wage.
4. Port Communications Equipment
  All Port equipment, including electronic communications systems such as email and voice mail, is the property of the Port and is subject to monitoring at any time, with or without further notice, at the sole discretion of management. All Port employees are required to comply with the terms of the Port’s computer and internet use policies, to the extent such are adopted by the Port Authority.
5. Address and Telephone Number
  Each employee shall provide his or her department with a current physical address, telephone number, and contact information. The employee shall also provide and maintain a current name and telephone number of an emergency contact. The department and
  
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  XXIII. MISCELLANEOUS POLICIES Section: XXIII
  
  Administration Department must be informed of any change in the above-required data in a timely manner.
6. Solicitation of Contributions, Memberships, or Business
  1. The solicitation of contributions, memberships, or business among employees of the Port shall not be permitted on Port property during the employee’s working time except for those charity drives or employee benefit promotions specifically authorized by the Port Authority. Employees may, with department approval, engage in limited, temporary, passive solicitation such as the temporary posting of a girl scout cookie order form, placement in break area of little league candy box, and the like. However, other forms of direct solicitation, including direct or network marketing, whether for charitable, business or other reasons, is prohibited.
  2. Employee organizations, their members, agents, representatives, or persons acting on their behalf are prohibited from soliciting employees during working hours. This section shall not be construed to prohibit solicitation by employee organizations during the employee’s lunch period or in such areas not specifically devoted to the performance of the employee’s official duties. This provision is not intended to conflict with the provisions of the National Labor Relations Act and where any conflict is shown, the Act shall prevail.
7. Statements by Port Employees to Attorneys, Law Firms, or Others Concerning Employees or Port Business
  Port employees may from time to time be requested or subpoenaed to make a statement to an investigator, an attorney, or a law firm. These statements may be concerned with an actual or contemplated legal action against the Port. Employees are not generally authorized to make representations to anyone regarding Port business. Therefore, should any employee receive either a request to make a statement or be subpoenaed regarding Port business, the employee shall discuss the matter first with his or her department director and, prior to making any oral or written statements, discuss the matter with the Port’s legal counsel. Nothing herein should be interpreted as preventing an employee from speaking with his or her own legal counsel regarding personal legal matters.
8. Media Relations, Requests for Interviews
  1. General Policy: The Port’s official positions and policies are set and communicated to the public by the elected Port Authority and, in certain circumstances such as litigation or administrative matters where the Authority has delegated responsibility to the Executive Director or its attorneys, by those persons. However, other Port employees may from time to time be asked by various media outlets to provide comments or interviews concerning the Port’s policies, operations, or other such matters. To ensure that the Port’s official positions on matters related to the business of the Port are communicated to the media in a consistent and informed way, any employee, with the exception of the Executive Director or Deputy Executive Director who receives a request to be interviewed or provide comments concerning Port business shall refer the matter to his or her department director or designated media officer for response. Unless first
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    XXIII. MISCELLANEOUS POLICIES Section: XXIII
    
    authorized by the applicable department director, employees shall refrain from providing comments or being interviewed regarding Port business or policy.
  2. Nothing herein shall be interpreted or applied so as to prevent any employee from the exercise of the personal right to free speech as a citizen, as that right is defined by the federal courts. However, employees in such situations should refrain from stating or implying that they are speaking for or as representatives of Port Manatee.
9. Recording Workplace Communications Prohibited
  1. Chapter 934, Florida Statutes, prohibits interception of wire or oral communications by electronic, mechanical or other device without the consent of all parties involved. Recordings related to Port business are also public records subject to being retained and inspected. Employees are therefore prohibited from recording any conversations between individuals, whether fellow employees, subordinates or citizens, with or without the permission of all parties, except as otherwise provided by law, as part of an official Port broadcast production, as may be authorized by a criminal investigation conducted by law enforcement, or as is authorized by Port policies regarding Port- owned phones, faxes, radios and computers.
10. Loss of or Failure to Obtain Professional Certification or License
  1. Where an employee’s position with the Port requires any specific certification, license or other credential, including driver’s license, as a condition of holding that position, the employee is required to obtain and maintain the certification, license or credential, and to provide written proof thereof upon request. An employee who loses or within the provided amount of time fails to obtain the required certification, license or credential for whatever reason, including suspension, revocation, or expiration, has a responsibility to immediately report this fact to his or her department director. Failure to provide timely notice will result in discipline up to termination.
  2. Upon timely notification by an employee that he or she has lost or failed to obtain the
    certification, license or credential, his or her department shall have the following options:
    1. Make a reasonable effort to reassign the employee, on a temporary basis, to appropriate and available responsibilities not requiring the certification, license or credential, for a reasonable timeframe up to the subsequent exam/incident follow-up and results notification date to provide continuous employment during his or her efforts to attempt to acquire or obtain reinstatement.
    2. Allow him or her to use any available and applicable leave during the allotted timeframe while obtaining reinstatement.
    3. Place him or her on a temporary administrative leave of absence without pay not to exceed the allotted timeframe.
  3. An employee who fails to have his or her certification, license or credential reinstated, or to initially obtain same within the allotted period, may apply for and be considered on a competitive basis for any vacant Port position for which he or she is qualified. If the employee is not selected or does not apply for such position prior to expiration of the
    
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    XXIII. MISCELLANEOUS POLICIES Section: XXIII
    
    allotted timeframe, then he or she shall be terminated for failure to obtain or maintain a necessary job qualification.
11. Searches on Port Property
  Port Manatee seeks to provide a safe work environment for all its employees. To that end, the Port reserves the right whenever a manager or department director has reasonable suspicion to believe an employee has brought on Port premises or work sites alcohol, illegal drugs or controlled substances, or any other illegal or prohibited item, weapon, or stolen property; or has misused Port equipment, to search Port property including, but not limited to work locations, desks, file or storage cabinets, computer files (including software, hardware, e mail, voice mail, and internet activity), lockers (locked or unlocked), Port vehicles and private vehicles parked on Port property or being used at the time of search for Port business, and all other Port equipment.
  On a case by case basis, employees may be requested to display personal property for visual inspection. Failure to comply with a search or visual inspection request from supervisory or security personnel will be grounds for discipline. Searches of an employee’s personal property, such as purses or briefcases or lunch containers, will take place only in the employee’s presence unless an emergency condition exists which would, if confirmed, endanger others or the employee him/herself. Employees who do not wish to subject personal items to possible inspection are strongly advised to leave such items at home.
  The Port will make every effort to honor the personal dignity of employees during any search but will take appropriate disciplinary action in cases where prohibited items or activities are uncovered, regardless of how such item(s) or activity has been discovered (accidentally or in the process of a search).
12. Employee Arrest or Charge
  Employees must inform the Executive Director, either verbally or in writing and either personally or via an attorney or family member, etc., as soon as possible but in no event more than three (3) business days of their being criminally arrested, charged or convicted of any state or federal crime, including for violation of parole or probation. Failure to do so will result in disciplinary action. Additionally, a decision will be made as to the employment status of the employee.
13. Use of Tobacco and “e cigarettes”
  Use of any tobacco product is prohibited within Port owned/leased buildings, including bathrooms and stairwells, except in areas specifically designated and designed for smoking. “Tobacco product” includes e-cigarettes and smokeless tobacco. Use of any tobacco product is prohibited within Port equipment and vehicles.
14. Communicable Diseases
  Port Manatee desires to maintain a workplace free from preventable risks of communicable illness or disease. Therefore, all employees of Port Manatee are required to properly treat any communicable disease which would present a danger to the health or safety of fellow
  1. MISCELLANEOUS POLICIES Section: XXIII
    
    employees. Employees should, in consultation with their health care providers, take appropriate precautions within the workplace to reduce any infection risks to co-workers. Port Manatee does not seek to needlessly impose on the medical privacy of its employees and where a communicable disease or illness is adequately managed and treated, the employee need not disclose same to co-workers or the Port. However, should the employee desire the assistance of the Port in modifying working conditions to prevent risk of transmission, the Administration Department Director should be consulted and any records generated concerning the medical condition will be treated as confidential as permitted by state and federal law.
15. Inventions and Intellectual Property
  Any invention, method, program, publication or other form of intellectual property which is developed by a Port employee during work hours or using Port equipment or resources, is the property of Port Manatee. Employees are prohibited from seeking to patent, trademark, service mark, copyright or otherwise register such intellectual property without the prior authorization of the Port Authority.
16. Letters of Reference
  Though all employees have the right to express their personal opinions regarding another current or former co-worker, no employee below the rank of department director may write any letter of recommendation, commendation, etc., on Port letterhead without the express prior approval of the Administrative Department.
17. Funds Owed by Employees; Debt Collection Calls

On occasion, employees may come to be indebted to the Port. By accepting employment with the Port, employees acknowledge and consent to the Port’s authority to retain or otherwise withhold portions of an employee’s compensation to allow such funds to be recovered by the Port except to the extent the deduction would reduce regular pay to an hourly rate below the prevailing minimum wage, or as otherwise prohibited by law. Port Manatee does not authorize or permit the use of Port communication assets and facilities, including phones, e mail systems or mail services, to be used to make or receive messages related to debt collection efforts. Employees are not authorized to initiate, receive or forward such communications to any other person, and debt collectors violating this policy shall be subject to fines and penalties as provided for by federal and state debt collection practice laws.

USE OF PORT VEHICLES & USE OF Section: XXIV

PRIVATE VEHICLES FOR PORT BUSINESS

USE OF PORT VEHICLES & USE OF PRIVATE VEHICLES FOR PORT BUSINESS
1. When it is necessary to allow an employee to carry out assigned job duties, an employee may be required to operate and control Port-owned vehicles, or to operate a personally owned vehicle for Port business. When possessing a Port-owned vehicle for such a reason, employees may only use it during the course and scope of their assigned employment duties, and under no circumstances is the vehicle to be used for personal business or pleasure, whether during duty hours or not. However, employees may make work day deviations to use restrooms or take meal/comfort breaks.
2. An employee driving a Port vehicle, or a personal vehicle for Port business, must have in his or her possession a valid Florida driver's license with any required endorsements or classifications.
3. Port vehicles will not be used to transport anyone other than Port employees unless the person(s) to be transported are directly involved in the provision of Port-related services or otherwise involved in Port government operations.
4. In normal circumstances, Port- owned vehicles are to be driven over the most direct route. Any out of County travel must be pre-approved by the employee’s director unless emergency circumstances prevent prior approval.
5. No employee shall operate a Port vehicle or personal vehicle on Port business when any physical or mental impairment causes the employee to be unable to drive. This prohibition includes, but is not limited to, circumstances in which the employee is temporarily unable to operate a vehicle safely or legally because of illness, medication or being under the influence of illegal drugs or alcohol.
6. Vehicles driven on Port business must be driven in accordance with all applicable traffic and parking laws, including applicable speed limits. Seat belts must be used by vehicle occupants at all times. Each employee shall be personally responsible for any fines or penalties incurred as a result of driving or parking violations while operating a Port vehicle.
7. Any accident involving a Port-owned vehicle which results in property damage and/or personal injury will be reported without delay to the operator's immediate supervisor, regardless of whether such accident occurs during or after regular duty hours, as well as to the law enforcement agency with jurisdiction over the accident scene.
8. Employees who are assigned a Port vehicle and operate the vehicle to and from work shall be responsible for the personal tax liability for the value of this use. Employees using take- home vehicles must record such use when recording their hours in the Port’s time and attendance system (once implemented).
9. Port vehicles must be maintained in good working order at all times. An employee who observes an apparent safety or equipment defect regarding vehicle equipment should report it to a supervisor immediately and if the vehicle is unsafe, it shall not be driven further. Employees who have been assigned a take home vehicle shall store the vehicle in a safe,
  
  XXIV. USE OF PORT VEHICLES & USE OF Section: XXIV
  PRIVATE VEHICLES FOR PORT BUSINESS
  
  secure area at the employee’s residence, keep it locked, and shall take all reasonable measures to prevent damage to the vehicle.
10. Employees are on notice that they should avoid bringing valuable personal items into Port vehicles. The Port will not be responsible for the loss or theft of any personal items from Port vehicles, and Port vehicles may be inspected or searched at any time at the Port’s election.
11. Employees who are assigned a Port vehicle, or who are using their personal vehicle while on Port business, must refrain from speaking on cellular phones while driving the vehicle unless the employee makes use of a “hands-free” device. Employees not using hands-free devices must bring their vehicles to a full stop in a safe location prior to using a cellular phone. Employees shall not text or type on smart phones while driving.
12. Employees who are assigned a Port vehicle, either permanently or on a rotational or pool basis, shall not smoke, including the use of e-cigarettes, or use smokeless tobacco within the vehicle.
13. No Port employee shall order, authorize or permit any non- Port employee, including contractors and temporary workers, to operate any Port vehicle, including cars, trucks, earth- moving equipment, airplanes, all-terrain vehicles, and boats, unless same is absolutely required to respond to an extreme emergency or imminent threat to life or safety and no Port employee is available to operate the vehicle.
14. Employees may not use a Port- owned take home vehicle to engage in personal business while commuting to and from work, including shopping trips, stopping at dry cleaners (other than to pick up or drop off Port uniforms), or picking up or dropping off school children.
15. Under Florida law, the Port may not be required to cover injuries or damages resulting from use of vehicles by its employees unless such use was in the course and scope of employment. Employees are therefore warned that failure to limit use of Port vehicles to such purposes may result in personal financial liability for any such damage or injury to the employee or third persons.
16. Authorization given to an employee to use a Port- owned vehicle, whether take home, daily assignment, pool or otherwise, is not and shall not be construed as being a guaranteed benefit or entitled form of compensation to the employee. Vehicles are assigned based on operational needs and budgetary limitations and the Port may remove, reassign or decommission any of its vehicles at any time within its discretion.
17. The Executive Director is authorized to issue operational procedures which govern the administration of this vehicle policy by the departments.

August 25, 2020

AGENDA ITEM 3: PORT SECURITY ACCESS CONTROL UPGRADES

BACKGROUND:

In 2010 Port Manatee was awarded funding through the Port Security Grant Program for access control systems which were completed in 2012. The installed systems have been in operation for over 8 years and require essential upgrades. Funding to expand and replace hardware components were received during the 2017 and 2018 Port Security Grant Program cycles. In 2019 grant funding was awarded to modernize and upgrade the software installation to incorporate the latest technology upgrades and increase the overall system security. The system being upgraded was customized by Siemens Industry, Inc. (Siemens) to meet the specific needs of the security department. Given the customization of the systems, the upgrades must be completed by Siemens to ensure the continued functionality. Siemens has provided proposals in the total amount of

$1,394,984 which is funded $1,046,238 (or 75%) by Homeland Security and $348,746 (or 25%) port cash.

ATTACHMENTS:

Proposal – POM P1 N Gate Expansion - $250,000 Proposal – POM P2 Sec Hardware Upgrades - $410,000 Proposal – POM P3 Sec Software Upgrades - $538,000

Proposal – POM P3 Security Systems Support & Maintenance Agreement - $196,984

COST AND FUNDING SOURCE:

The project is partially funded (75%) by the Department of Homeland Security, Port Security Grant Program (PSGP) in the amount of $1,046,238 and $348,746 port cash.

CONSEQUENCES IF DEFERRED:

Delay in project commencement

LEGAL COUNSEL REVIEW: Pending RECOMMENDATION:

Move to approve and authorize the Chairman to execute Proposal POM P1 N Gate Expansion in the amount of $250,000; Proposal POM P2 Security Hardware Upgrades in the amount of

$410,000; Proposal POM P3 Security Software Upgrades in the amount of $538,000; and Proposal POM P3 Security Systems Support & Maintenance Agreement in the amount of $196,984 from Siemens Industry, Inc. for the upgrades to the port’s existing access control systems.

PROPOSAL

POM- P1 N Gate Exit Expansion

PREPARED BY

Siemens Industry, Inc.

PREPARED FOR

MANATEE COUNTY PORT AUTHORITY / PORT MANATEE

DELIVERED ON

August 11, 2020

SIEMENS PROPOSAL 3

Contact Information 3

Signature Page 13

Contact Information

Proposal #:	5007429
Date:	August 11, 2020

Sales Executive:	Tim Ward
Branch Address:	8010 Woodland Center Blvd. Suite 1800 Tampa, FL 33614
Telephone:	813-334-9155
Email Address:	timothy.ward@siemens.com

Customer Contact:	David St. Pierre
Customer:	MANATEE COUNTY PORT AUTHORITY / PORT MANATEE
Address:	300 TAMPA BAY WAY
	PALMETTO FL 34221-6621

Services shall be provided at:	MANATEE COUNTY PORT AUTHORITY / PORT MANATEE
	PALMETTO FL 34221-6621

Executive Summary

Port Manatee Security Program 2020

Siemens proposes a comprehensive Security Program to Port Manatee for upgrading the existing Siemens integrated security systems as detailed below. The Program as defined in the separate phase 1, 2 & 3 proposals is tied directly to the scope as outlined and approved in the Port's three federal grants for security upgrades. Siemens understands that the scope for the three grants includes the (1) North Gate expansion with upgraded security devices; (2) Security System Hardware Upgrades; (3) Security System Software Upgrades.

Security Upgrade Project Phases

Phase I: North Gate Exit Expansion

The Port will be constructing additional Outbound Lanes at North Gate Exit, expanding from two to four lanes. Siemens will furnish and install new field devices for the new lanes and upgrade the devices at the existing lanes. This will include required controllers, lane readers, intercoms, cameras, and network equipment as listed in the phase 1 proposal, any required mounting hardware, wiring/cabling materials, installation labor, and Siemens software integration to the current gate operation workflows.

Phase II: Security Hardware Upgrades

Other existing security devices/hardware are at end-of-life and require upgrades. At the North Gate Inbound Lanes and ACC Building, Siemens will install upgraded controllers, lane readers, intercoms, cameras, card printers, UPS's, workstations, servers and network equipment as listed in the phase 2 proposal, including required mounting hardware, wiring/cabling materials, installation labor, and Siemens software integration to gate operation workflow. Also included is a mobile enrollment reader solution for use at entry/exit gates and for overflow enrollment needs. If required due to pandemic-related scheduling issues which may arise, Siemens will also modify the integration of the new and upgraded field devices at the North Gate exit lanes to work with updated gate operation workflows under the Software Upgrades.

Phase III: Software Upgrades

The existing Siemens security systems software at Port Manatee is several years old and in need of upgrades to the latest available versions to improve system reliability, performance, functionality, integration and cybersecurity. Siemens will perform the following software systems upgrades:

SiPass Integrated 2.6 to 2.76
Vantage 1.8 to 2.1 (now known as Siveillance Control Pro)
Omnicast 4.8 to Siveillance Video 2020 (migration and upgrade)
TWIC Cancelled Card List (CCL) verification software

Siemens will also work closely with the Port's Security function to design and implement updates or modifications to the exit/entry workflows for TWIC Cargo and Non-TWIC Cargo Visitors requiring Escort, and other Visitor workflows. This will allow the Port to leverage the new and enhanced capabilities of the upgraded software systems versions to improve cargo and visitor throughput, as well as incorporate an upgraded CCL solution.

The software upgrade of SiPass and Vantage will also include migration of legacy functionality to the upgraded software versions (receipting, fire alarms, over-temperature alarms, security lighting controls, and siren-strobe activation), as well as cleanup and migration of legacy data to the upgraded versions of software. Please note, troubleshooting, repair and/or replacement of any existing legacy field devices/ equipment is not included under this security program scope of work unless specifically listed in the associated equipment lists for each respective project phase.
As part of a previous project at Port Manatee, Siemens designed a network VLAN reconfiguration which would provide the system capabilities to add a significant number of additional IP addresses to accommodate future expansion of network-addressable devices, as well as improve network performance and bandwidth utilization. As part of the proposed security program 2020, Siemens has included in the phase 3 scope of work the implementation of the expanded network reconfiguration including router/switch reprogramming, device migration to the reconfigured VLAN segments and upgraded network to be performed in parallel with early Design Phase activities so that the network is ready for the addition of new devices as part of the Build Phase.
Project Execution Plan

Siemens understands that although the above upgrades for the security solutions at the Port are defined to be funded separately, the entire Security Program is a fully integrated system with significant and required dependencies among each of the phases. Thus, Siemens has designed the Program as a design-build project, including these high-level activities:
DESIGN PHASE (with applicable project fund phase)
- Remote design prep tasks (I, III)
- Customer workshop for requirements gathering and finalizing Security operation workflow updates (III)
- Detailed system design including upgraded equipment and software specifications, (and would include integration of in-scope 3rd party solutions) (I, II, III)
- Detailed system upgrade (implementation) plan development including project schedule, and a
  testing plan, a cutover plan and a training plan (I, II, III)
- Equipment installation plan (for lane upgrades) (I, II)
- Outcome of Design Phase will include the following deliverable to the customer (I):
  - System Design Specification (SDS) including:
    - Concept of Operations (ConOps)
    - Detailed System Design including:
      - Functional Requirements
      - Operational Workflows
      - System Conceptual Architecture
      - Software Specifications
      - Hardware and Device (Equipment) Specifications
    - Implementation Plan including:
      - Installation and Integration plan
      - Network Configuration Scheme
      - System Acceptance Plan (SAT)
      - Device Installation Plan
      - Installation Schedule
      - Cutover & Training Plans
BUILD PHASE (with applicable project fund phase)
- Network upgrade (III)
- Equipment procurement and staging – access control, intercoms, cameras (I, II)
- System head-end buildout (install server and software upgrades): SiPass, Siveillance Video, Siveillance Control Pro (Vantage) (III)
- Database upgrades, data cleanup and migration of legacy data to upgraded software versions (III)
- Commissioning and testing (including updated gate ops, visitor management and escort workflows, and fire/temperature/siren-strobe alarm workflows) (I, III)
- Install and integrate other apps (network monitoring tools, system monitoring tools, database monitoring scripts, backup scripts, TWIC CCL software, etc.) (III)
- Equipment (field device) installation and programming (I, II)
- System Acceptance Testing (SAT) (III)
- User and administrator training (III)
- Day One cutover to upgraded production system with dedicated support (I)
- System performance monitoring (I)
- System documentation (III)
- Repurposing and relocation of legacy server hardware for initial use as backup to head-ends (III)
  
  Optional Scope Items
  
  As part of early planning session workshops with the Port's Security function, Siemens has identified several potential or post-upgrade cut-over scope items which could improve, extend and/or further enhance the security operations at Port Manatee. Labor and materials for these optional items are NOT included in the security program 2020 proposals and/or associated scopes of work for each of the 3 project phases listed above. Siemens will review these potential scope items with the Port's Security function during the design phase and provide additional scope changes, proposals, change order proposals, etc. which may be required for implementation of any of the below listed optional scope items as requested by Port Manatee:
Disaster Recovery/Business Continuity Solution
Biometrics Solution (e.g. Facial Recognition, Hand Geometry)
Enhanced Video Monitoring
GPS Tracking for Rover Vehicles
Optical Character Recognition Solution
License Plate Recognition Solution

Scope of Work

Phase I: North Gate Exit Expansion

Equipment List

Phase 1 - N Gate Expansion

Controllers

Qty	Description	Unit Sell	Ext Sell
1	SIPASS HW - ADVANCED CENTRAL CONTROLLER	$1,300.05	$1,300.05
8	SIPASS HW - DUAL READER INTERFACE 12/24 VOLTS	$315.11	$2,520.88
1	SIPASS HW - SIPASS ENCLOSURE	$491.71	$491.71
1	ACCESS CONTROL SYSTEM OLS POWER SUPPLY. TWO (2) POWER SUPPLY BOARDS EA	$1,913.02	$1,913.02
4	BATTERY SLA 12V 18AH AGM VRLA TERM-N	$63.32	$253.28

Network

Qty	Description	Unit Sell	Ext Sell
2	24 PORT SWITCH, MANAGED, POE	$2,101.05	$4,202.10
2	SWTICH MOUNTING HARDWARE	$252.13	$504.26
2	SFP MODULES (PAIR)	$336.17	$672.34

Readers

Qty	Description	Unit Sell	Ext Sell
8	PROXIMITY READER	$284.05	$2,272.40

Qty	Description	Unit Sell	Ext Sell
8	BAR/QR CODE SCANNER	$1,890.95	$15,127.60

Intercoms

Qty	Description	Unit Sell	Ext Sell
8	INTERCOM STATION, SS, 1 BUTTON	$956.82	$7,654.56
8	INTERCOM BACK-BOX	$156.23	$1,249.84

Cameras

Qty	Description	Unit Sell	Ext Sell
8	HIGH RESOLUTION IP DOME CAMERA, WIDE-VIEW, WDR, IR, INDR/ OTDR	$677.36	$5,418.88
8	DOME CAMERA MOUNTING HARDWARE	$168.08	$1,344.64
4	HIGH RESOLUTION IP BULLET CAMERA, MZ LENS, WDR, IR, INDR/OTDR	$847.13	$3,388.52
4	BULLET CAMERA MOUNTING HARDWARE	$168.08	$672.32

Pedesttals

Qty	Description	Unit Sell	Ext Sell
4	PEDESTAL, DUAL HEIGHT	$964.79	$3,859.16
8	PEDESTAL HOUSING	$480.70	$3,845.60

Cables and Misc

Qty	Description	Unit Sell	Ext Sell
4	18AWG / 6CON STRANDED OAS CABLE, WATER RESISTANT, 500'	$475.66	$1,902.64
4	CAT6 23AWG 4P OSP FLOODED POLY 500FT REEL BLACK	$206.73	$826.92
1	TYPE "C" CABLE, 500 FT, SECURITY 22AWG,STR,1TSP,CMR,GREEN JACKET, NON-PLENUM	$48.74	$48.74
1	TYPE "E" SECURITY CABLE, AVAILABLE IN 1000FT SPOOL, 20AWG,STR,2COND,OAS ,CMR(NON-PLENUM),GREEN JACKET	$158.00	$158.00
1	TYPE "F" SECURITY CABLE, AVAILABLE IN 1000FT SPOOL, 22AWG,STR,2TSP ,CMR(NON-PLENUM),GREEN JACKET	$215.15	$215.15
1	TYPE "H" CABLE, 500 FT, SECURITY 2-18AWG/ 1-20AWG,STR,TSP,CMR,GREEN JACKET, NON-PLENUM	$262.21	$262.21

Qty	Description	Unit Sell	Ext Sell
1	TYPE "J" CABLE, 500 FT, SECURITY 20AWG,STR,6COND,OAS,CMP,GREEN JACKET W/ WHITE STRIPE, PLENUM	$158.00	$158.00
1	TYPE "L" SECURITY CABLE, AVAILABLE IN 1000FT SPOOL, 24AWG,SOL,4P,CAT5E ,CM(NON-PLENUM),GREEN JACKET	$193.30	$193.30
1	MISCELLANEOUS CABLES, CONNECTORS, HARDWARE, ETC	$1,680.84	$1,680.84

Spare Parts

Qty	Description	Unit Sell	Ext Sell
1	SIPASS HW - ADVANCED CENTRAL CONTROLLER	$1,300.05	$1,300.05
2	SIPASS HW - DUAL READER INTERFACE 12/24 VOLTS	$315.11	$630.22
2	PROXIMITY READER	$284.05	$568.10
2	BAR/QR CODE SCANNER	$1,890.95	$3,781.90
2	INTERCOM STATION, SS, 1 BUTTON	$956.82	$1,913.64
2	HIGH RESOLUTION IP DOME CAMERA, WIDE-VIEW, WDR, IR, INDR/ OTDR	$677.36	$1,354.72
1	HIGH RESOLUTION IP BULLET CAMERA, MZ LENS, WDR, IR, INDR/OTDR	$847.13	$847.13
1	24 PORT SWITCH, MANAGED, POE	$2,101.05	$2,101.05
1	SFP MODULES (PAIR)	$336.17	$336.17

Clarifications

This phase 1 scope of work, proposal, and associated pricing for upgrade of the security hardware for the North Gate Exit Expansion project is dependent upon customer acceptance, approval and concurrent execution of the separately proposed phase 2: security hardware upgrades, phase 3: security systems software updates and maintenance support agreement
Existing fiber communications cabling and terminations between the ACC building and North Gate Exit are assumed to be in good working condition and will be reutilized for this scope of work
Lane construction work is to be performed by others
Installation of any 115/120VAC, conduits, underground conduits, raceways, etc. is to be performed by others
Installation of motorized gate arms and associated power, conduits, control devices (safety devices, exit loops, trigger loops, manual control buttons, etc.) are to be provided and installed by others
Any unforeseen issues which may cause the need for additional costs for labor and/or materials outside of this scope of work will be reviewed with the customer and require signed approval before proceeding. This includes but is not limited to unforeseen issues with existing equipment or devices, existing cabling, network connectivity, remote network connections, customer supplied equipment, PC's, laptops, servers and/or Smartphone connection/setup issues

Inclusions

This proposal includes the following (unless otherwise noted):

Labor and materials for installation of the above listed equipment
Final connections & terminations for installation of the above listed equipment
Programming, setup, configuration, and testing
Design Engineering & Planning for Siemens scope of work
Project Management for Siemens scope of work
Weekly status update calls and reports
Standard software documentation (Phase III)
Training materials and system operation manuals (Phases II, III)
Record ("As Built") documents
Freight, shipping & handling
One (1) year parts & labor warranty

Exclusions

This proposal excludes the following (unless otherwise noted):

Siemens training classes at SI Academy for System Administrators are not included and are the responsibility of the customer to schedule and fund if desired
Lane construction work is to be performed by other contractors
Installation of any 115/120VAC, conduit, underground conduit, raceways, etc. is to be performed by others
Preparation of ‘data center' room for new equipment rack is to be performed by others
Removing, replacing, patching, or painting of door frames, ceilings and/or walls
Surge suppression devices and/or installation
Fire alarm system interface and/or integration
Asbestos abatement, and work within asbestos areas
Costs associated with multiple trips to the jobsite due to incompletion by others
Damage by other contractors
Any consequential damages, loss of use, loss of revenue, and any third party consequential damages
Construction permits and other permits (e.g. general construction, mechanical, electrical, plumbing, security, etc.)
Engineering, engineered drawings, design submittals
Performance or Payment bonds
Certified payroll
Overtime and/or after-hours labor (Normal business hours M-F, 7:00am – 5:00pm)
Scaffolding, cranes, man-lifts
Identification and/or clearing of underground utilities
Landscaping, trenching, core drilling

Pricing Summary

Pricing Summary	Sell Price*
Equipment	$74,969.94
Labor	$175,030.06
Total Quote Price*	$250,000.00

Payment Terms

Payment Terms Acceptance Agreement

The total price of: $250,000.00 is based on the items outlined in this proposal. ANY statements made herein regarding savings that may be achieved by implementing the services offered in this proposal are estimates only. No warranty, either expressed or implied, shall be construed to arise from such statements, nor shall such statements be construed as constituting a guarantee by Siemens that such savings will occur if the services are implemented.

Proposal is valid for sixty (60) days from the delivery date of August 11, 2020. Payment is due within 30 days of invoice date.

Payment Terms: 25% mobilization in advance, progress payments Total: $250,000.00*

*Pricing only valid with approval, acceptance and concurrent execution of separately proposed Phase 2: Security Hardware Upgrades, Phase 3: Security System Software Upgrades and Maintenance Support Agreement

Signature Page

Proposed by:

Accepted by:

Siemens Industry, Inc.

Company

MANATEE COUNTY PORT AUTHORITY

Company

Tim Ward

Name

Name (Printed)

5007429

Proposal #

Signature

$250,000.00

Proposal Amount

Title

August 11, 2020

Date

Purchase Order #

PROPOSAL

POM- P2 Sec Hardware Upgrades

PREPARED BY

Siemens Industry, Inc.

PREPARED FOR

MANATEE COUNTY PORT AUTHORITY / PORT MANATEE

DELIVERED ON

August 11, 2020

SIEMENS PROPOSAL 3

Contact Information 3

Signature Page 15