A meeting of the Manatee County Port Authority will be held during a meeting of the Board of County Commissioners of Manatee County Tuesday, September 29, 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

September 29, 2020 – 9:00 am

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

CALL TO ORDER

Public Comments

1. Consent Agenda

   
   

2. Maintenance Debris and Material Removal at Berths 4, 5, 6 and 10

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

September 29, 2020

1. CONSENT AGENDA

   
   

   1. Warrant List

      
      

   2. Minutes August 25, 2020

      
      

   3. Budget Resolution

      
      

   4. Port Manatee Tariff No. 3 Item 477A

      
      

   5. First Amendment to Contract for Professional Services with Ramba Law Group

      
      

   6. 2020 Port Security Grant Program Agreement

      
      

   7. Carver Maritime, LLC Lease Amendment Four

      
      

   8. Deletion of Port Assets

      
      

   9. Drug Free Workplace and Computer Use Revisions

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.

Manatee County Port Authority Warrant (Check) Listing

08/13/2020 to 09/21/2020

Manatee County Port Authority Warrant (Check) Listing

08/13/2020 to 09/21/2020

Manatee County Port Authority Warrant (Check) Listing

08/13/2020 to 09/21/2020

Total warrants (checks) for period reported 726,013.64

MANATEE COUNTY PORT AUTHORITY REGULAR MEETING

BRADENTON AREA CONVENTION CENTER, NORTH CENTER HALL

One Haben Boulevard Palmetto, Florida August 25, 2020

Present were:

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

Betsy Benac Carol Whitmore

Also present were:

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

Susan Flowers, Accounting Manager, Clerk of the Circuit Court Vicki Tessmer, Board Records Supervisor, Clerk of the Circuit Court

Chairman Trace called the meeting to order at 9:28 a.m.

PUBLIC COMMENTS

Glen Gibellina, spoke on sustainability, the contract regarding the lobbyist (Approved July 28, 2020), and property tax exemptions.

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

Discussion ensued regarding the lobbyist contract, Port Manatee is a landlord port, need to be environmentally sensitive, but solar panels may not provide a return on investment.

Carlos Buqueras, Executive Director, responded to a question regarding using solar panels, and the cost impacts. Florida Power and Light expenses are passed on to tenants and recovered. The Port owns the buildings, but tenants make significant investments to the buildings.

Discussion continued regarding the importance of having a good lobbyist to ensure the best representation, tenants are happy at Port Manatee, property taxes do not support the Port, if it make economic sense to install solar panels at the Port, they can be installed, and it is important to explore cost saving measures regarding energy.

Mitchell O. Palmer, County Attorney, explained there is no competitive bid process required for hiring outside councel.

AGENDA

CONSENT AGENDA

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

   AUGUST 25, 2020 (Continued)

   
   

   1. WARRANT LIST

      Accepted Warrant Listing from July 21, 2020 to August 12, 2020

   2. MINUTES

      Approved the Minutes of July 28, 2020

   3. BUDGET RESOLUTION

      Adopted Budget Resolution PA-20-24

   4. PUBLIC TRANSPORTATION GRANT – WAREHOUSE MODERNIZATION

      Adopted Resolution PA-20-23 authorizing the executed of the Public Transportation Grant Agreement with the Florida Department of Transportation (FDOT) for the warehouse improvement initiative project, $4,500,000 (Port $2,250,000/FDOT

      $2,250,000)

   5. INSURANCE RENEWALS

      Approved 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 for Real and Personal Property for an estimated premium of $166,191, Boiler and Machinery and crime included in Real and Personal Property coverage;

      • Boyd Insurance and Investment Services for Inland Marine, Vehicle Liability and Worker’s Compensation for estimated premiums of $24,532, $11,209, and

        $30,239 respectively; and

      • McGriff, Seibels and Williams, Inc., for estimated Port Liability - $70,422, estimated umbrella - $40,000, Public Officials (included in Port Liability) and Railroad (included in Port Liability)

   6. ASSETS

      Authorized to remove asset as listed in the attached asset Deletion – August 25, 2020 from the Fixed Assets Listing (Asset # 47530 (Orion Radio)

   7. TARIFF No. 3 ITEMS 281 AND 441

      Approved the initial application fee for harbor tugboat operations in Item 281 and Item 441 correction in the Port Manatee Tariff No. 3 from $36.40 to $37.86 to engage an outlet for refrigerated containers

      (End Consent Agenda)

2. PERSONNEL POLICY REVISION

   Carlos Buqueras, Executive Director, explained the Personnel Policy for Port Manatee was reviewed by legal counsel, in comparison to the Manatee County Board of County Commissioners Personnel Policy, Rules, and Procedures Manual, to align policies where applicable, the Port’s policy was revised.

   
   

   Jennifer Cowan, Port Attorney, stated the policy was updated to reflect changes in the law and bring it in line with the County policy. She reviewed changes to hiring, military leave, discrimination, tobacco use, and other items.

   
   

   Motion was made by Member Whitmore, seconded by Member Servia, and carried 7-0, to approve the revised Chapter 5 entitled “Manatee County Port Authority Personnel Policy, Rules and Procedures Manual” of the Port Authority Policies.

3. PORT SECURITY ACCESS CONTROL

   Carlos Buqueras, Executive Director, explained the Port was awarded funding in 2010 through the Port Security Grant Program for access controls systems, and as a result of recent activity, the gates need to be enlarged to provide a higher flow of traffic.

   AUGUST 25, 2020 (Continued)

   
   

   Motion was made by Member Benac, seconded by Member Servia, and carried 7-0, to execute Proposal POM PI 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 and Maintenance Agreement in the amount of $196,984, from Siemens Industry, Inc., for upgrades to the Port’s existing access control systems.

4. FY20/21 BUDGET

Carlos Buqueras, Executive Director, presented the budget for the next fiscal year and stated the Clerk of the Circuit Court provides oversight for the Port’s finances. Port Manatee has been able to avoid layoffs; whereas, other Florida ports have let employees go, due to the current economy and travel restrictions.

Denise Stuffelbeam, Finance Director, explained there has been a decrease directly contributed to COVID, but the Port has been able to maintain business as usual. They are expecting a $2 million decrease from last year’s revenue. She presented a video and slides to review the budget and noted this year marks the 50th anniversary of the Port.

Ms. Stuffelbeam continued the slides to review the 2021 operating revenue of $17.3 million including waterborne revenue, lease revenue, and storage, security, and scales revenue. The proposed operating expenses are $10 million, and utilities expenses equal

$943,000. Solar panels are cost prohibitive with a 25 year payback. To keep utility costs down for the eight warehouses owned by the Port, roofs are being replaced with white roofs that help to reduce energy costs. The maintenance budget was increased, and travel and promotions have been on hold for 2020, but will continue with future plans. The total Capital Improvement Plan (CIP), of $21.2 million, has a port cost of $7.485 million with the majority being paid by the Florida Department of Transportation, along with and State and federal grants. She utilized a map and depicting all the CIP projects.

Discussion ensued regarding the CIP and being able to make investments in the Port, the State will probably continue to help fund projects at the Port, especially due to the employment opportunities offered at the Port, and the need for fuel to get into the State, the Port able to continue with the projects, and 2021 funding has been submitted, reserves are at

$20 million, the loans for the cranes were for 15 years and will be paid off in 2024 and 2025, shipping agents provide the ship’s needs, Arthur Savage provides these services for Port Manatee, the Port is open 365 days a year, 24 hours a day, report regarding the possible need to recover revenue in 2018, additional reserves are included in the financial statements from the Clerk’s office, include the reserves in the line items for the budget, and restricted and unrestricted funds.

Motion was made by Member Benac, seconded by Member Servia, and carried 7-0, to adopt Budget Resolution R-20-22.

DIRECTOR COMMENTS

Carlos Buqueras, Executive Director, stated the key to growing the Port, is to retain customers and grow their businesses.

PUBLIC COMMENT

There being no comment, Chairman Trace closed public comment.

AUGUST 25, 2020 (Continued)

MEMBER COMMENTS

Member Benac

• Thanked Mr. Buqueras for his efforts concerning the Port and keeping the market competitive and stressed the importance of revenues exceeding expenses.

  
  

  ADJOURN

  There being no further business, Chairman Trace adjourned the meeting at 10:26 a.m.

  Minutes Approved:

  September 29, 2020

  
  

  CONSENT

  AGENDA ITEM 1.C: BUDGET RESOLUTION BACKGROUND:

  This resolution budgets the following:

  
  

• 2020 Port Security Grant Program funding 75% by Homeland Security for the following projects: $23,625 for an engine for the Port security airboat, $375,000 for upgrades to the Port camera system, $39,465 for the procurement and service of 800mhz radios, and $375,000 for the replacement of the north perimeter fencing and $271,030 by Port cash or 25%.

ATTACHMENT:

Budget Resolution PA-20-25.

COST AND FUNDING SOURCE:

Budgets $813,090 PSGP 2020 grant, $271,030 Port cash.

CONSEQUENCES IF DEFERRED:

Delay in budget allocations.

LEGAL COUNSEL REVIEW: N/A

RECOMMENDATION:

Move to adopt Budget Resolution PA-20-25.

RESOLUTION PA-20-25 AMENDING THE ANNUAL BUDGET

FOR MANATEE COUNTY PORT AUTHORITY FOR FISCAL YEAR 2019-2020

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

1. Appropriations for expenditures in any fund may be decreased and other appropriations in the same fund correspondingly increased, provided the total appropriations of the fund are not changed.

   
   

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

   
   

3. Unanticipated revenues, including increased receipts for enterprise or propriety funds, may be appropriated for their intended purpose, and may be transferred between funds to properly account for the unanticipated revenue.

NOW, THEREFORE, BE IT RESOLVED by the Manatee County Port Authority that the 2019-2020 budget is hereby amended in accordance with Section 129.06, Florida Statutes as described on the attached summary and specified in the budget adjustment batch files which are listed below:

ADOPTED with a quorum present and voting this the 29th day of September, 2020.

ATTEST: ANGELINA M. COLONNESO MANATEE COUNTY PORT AUTHORITY

CLERK OF CIRCUIT COURT

By:

BUDGET ADMENDMENT RESOLUTION NO. PA-20-25 AGENDA DATE: September 29, 2020

1) Fund: 2020 PSGP – 75%

Fund: Port Cash – 25%

Section: Port Security Airboat Engine

Upgrade Port Camera System

Procurement and Service of 800mhz radios Replacement of North Perimeter Fencing

Description: Budgets $813,090 for the 2020 Port Security grant and $271,030 Port cash.

Batch ID: BAAL092920A/B Reference: BU20200541

September 29, 2020

CONSENT

AGENDA ITEM 1.D.: PORT MANATEE TARIFF NO. 3 ITEM 477A BACKGROUND:

Port Manatee Tariff No. 3 Item 477A is modified to add trucks to the daily storage fee.

ATTACHMENT:

Port Manatee Tariff No. 3 Item 477A

COST AND FUNDING SOURCE:

N/A.

CONSEQUENCES IF DEFERRED:

N/A

LEGAL COUNSEL REVIEW: N/A

RECOMMENDATION:

Move to approve the modification adding trucks to Port Manatee Tariff No. 3 Item 477A Containers/Trailers/Trucks Storage.

September 29, 2020

CONSENT

AGENDA ITEM 1.E.: FIRST AMENDMENT TO CONTRACT FOR

PROFESSIONAL SERVICES WITH RAMBA LAW GROUP

BACKGROUND:

On July 28, 2020, the Authority approved the contract for professional services between the Port Authority and Ramba Law Group LLC. The contract provides State governmental consulting and lobbying professional services for a monthly fee of $3,500. The first amendment modifies the contract to include reimbursement for costs such as travel, meals, registration, et al, incurred providing services per the contract on behalf of Port Manatee.

ATTACHMENTS:

First Amendment to Contract for Professional Services

COST AND FUNDING SOURCE:

Budgeted port revenues.

CONSEQUENCES IF DEFERRED:

Delay in approval of the first amendment

LEGAL COUNSEL REVIEW: Yes

RECOMMENDATION:

Move to approve and authorize the Chairman to execute the First Amendment to Contract for Professional Services between the Port Authority and Ramba Law Group LLC.

FIRST AMENDMENT TO CONTRACT FOR PROFESSIONAL SERVICES

THIS FIRST AMENDMENT TO THE CONTRACT FOR PROFESSIONAL SERIVCES

(hereinafter “First Amendment”) is entered into by and between the MANATEE COUNTY PORT AUTHORITY, a political entity of the State of Florida, as the Employer, with a principal place of business located at Port Manatee, 300 Tampa Bay Way, Suite 1, Palmetto, Florida 34221, (hereinafter referred to as the “Authority”), and RAMBA LAW GROUP L.L.C., a Florida limited liability company, located at 120 South Monroe Street, Tallahassee, FL, (hereinafter referred to as the “Firm”) (hereinafter collectively the Authority and Firm shall be referred to as the “Parties”).

WHEREAS, the Authority entered into a Contract for Professional Services on July 28, 2020, wherein the Firm was designated to provide State governmental consulting and lobbying professional services to Port Manatee for the purposes of both Legislative and Executive branch lobbying, developing and fully implementing effective lobbying strategies, strategic planning and budgeting, and business expansion connections (“Contract”); and

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

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

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

2. Modification: The Parties agree to modify the compensation set forth in Section 2.A. of the Contract as set forth below:

   A. The Authority agrees to compensate the Services described herein based upon a monthly fee of $3,500 per month plus costs. Payments shall be made within the time required by the Florida Prompt Payment Act upon receipt of valid invoices from the Firm. The Firm agrees to refrain from accepting any other client or cause which would cause it to advocate for policies or funding requests inconsistent with its duty to represent the interest of the Authority. All possible conflicts will be reviewed by the Authority and approval of such other clients will not be unreasonably withheld.

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

4. Conflict: In the event of a conflict regarding the provisions set forth in Section 2.A. of the Contract, and the provisions contained in 2.A. of this First Amendment, the provisions set forth in this First Amendment will prevail. In the event of a conflict between any other paragraphs within the Contract and this First Amendment, the Contract will prevail.

5. Authority. Each of the Parties hereto covenant to the other party that it has the lawful authority to enter into this First Amendment, that the governing or managing body of each of the Parties has approved this First Amendment, and that the governing or managing body of each of the Parties has authorized execution of this First Amendment in the manner set forth below.

IN WITNESS WHEREOF, the Manatee County Port Authority caused this First Amendment to the Contract for Professional Services to be signed and executed on its behalf by its Chairman, and fully attested by its Clerk, and Firm has executed this First Amendment to the Contract, in duplicate on the 29th day of September, 2020.

MANATEE COUNTY PORT AUTHORITY COMMISSIONERS

ATTEST:

By:

Angelina M. Colonneso PRISCILLA TRACE

Clerk of the Circuit Court CHAIRWOMAN

FIRM – RAMBA LAW GROUP LLC

By: David E. Ramba

Managing Member

September 29, 2020

CONSENT

AGENDA ITEM 1.F: 2020 PORT SECURITY GRANT PROGRAM

AGREEMENT

BACKGROUND:

The Department of Homeland Security has awarded the Authority $813,090 (or 75% of project costs) under the 2020 Port Security Grant Program (PSGP) for the following improvements: perimeter fencing; replacement engine for the Port’s airboat; two-way radios; and upgrades to the camera system. As a condition of the grant, the Port is obligated to contribute 25% (or $271,030), bringing the total project costs to $1,084,120. The accepted agreement is presented to enter into the records.

ATTACHMENT:

Agreement No. EMW-2020-PU-00427

COST AND FUNDING SOURCE:

FEMA grant funding of $813,090 and $271,030 from port cash

CONSEQUENCES IF DEFERRED:

Delay in entering agreement into record

LEGAL COUNSEL REVIEW: Yes RECOMMENDATION:

Move to accept into the record Agreement Number EMW-2020-PU-00427 from FEMA for perimeter fencing, replacement engine for the Port’s airboat, two-way radios, and upgrades to the camera system.

26981/001/01651715.DOCXv1

U.S. Department of Homeland Security

Washington, D.C. 20472

David St. Pierre

Manatee County Port Authority 300 Tampa Bay Way

Suite 1

Palmetto, FL 34221 - 6608

Re: Grant No.EMW-2020-PU-00427

Dear David St. Pierre:

Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance submitted under the Fiscal Year (FY) 2020 Port Security Grant Program has been approved in the amount of $813,090.00. As a condition of this award, you are required to contribute a cost match in the amount of $271,030.00 of non-Federal funds, or 25 percent of the total approved project costs of $1,084,120.00.

Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award:

• Agreement Articles (attached to this Award Letter)

• Obligating Document (attached to this Award Letter)

• FY 2020 Port Security Grant Program Notice of Funding Opportunity.

• FEMA Preparedness Grants Manual

Please make sure you read, understand, and maintain a copy of these documents in your official file for this award. In order to establish acceptance of the award and its terms, please follow these instructions:

Step 1: Please log in to the ND Grants system at https://portal.fema.gov.

Step 2: After logging in, you will see the Home page with a Pending Tasks menu. Click on the Pending Tasks menu, select the Application sub-menu, and then click the link for "Award Offer Review" tasks. This link will navigate you to Award Packages that are pending review.

Step 3: Click the Review Award Package icon (wrench) to review the Award Package and accept or decline the award. Please save or print the Award Package for your records.

System for Award Management (SAM): Grant recipients are to keep all of their information up to date in SAM, in particular, your organization's name, address, DUNS number, EIN and banking information. Please ensure that the DUNS number used in SAM is the same one used to apply for all FEMA awards. Future payments will be contingent on the information provided in the SAM; therefore, it is imperative that the information is correct. The System for Award Management is located at http:// www.sam.gov.

If you have any questions or have updated your information in SAM, please let your Grants Management Specialist (GMS) know as soon as possible. This will help us to make the necessary updates and avoid any interruptions in the payment process.

Award Letter

CHRISTOPHER PATRICK LOGAN GPD Assistant Administrator

Tue Sep 01 00:00:00 GMT 2020

U.S. Department of Homeland Security

Washington, D.C. 20472

AGREEMENT ARTICLES

Port Security Grant Program

GRANTEE: Manatee County Port Authority

PROGRAM: Port Security Grant Program

AGREEMENT NUMBER: EMW-2020-PU-00427-S01

TABLE OF CONTENTS

Article I Summary Description of Award

Article II Activities Conducted Abroad

Article III Reporting of Matters Related to Recipient Integrity and Performance

Article IV Trafficking Victims Protection Act of 2000 (TVPA)

Article V Federal Leadership on Reducing Text Messaging while Driving

Article VI Debarment and Suspension

Article VII Fly America Act of 1974

Article VIII Americans with Disabilities Act of 1990

Article IX Duplication of Benefits

Article X Copyright

Article XI Civil Rights Act of 1968

Article XII Best Practices for Collection and Use of Personally Identifiable Information (PII)

Article XIII Limited English Proficiency (Civil Rights Act of 1964, Title VI)

Agreement Articles

Article XIV Hotel and Motel Fire Safety Act of 1990

Article XV Disposition of Equipment Acquired Under the Federal Award

Article XVI Patents and Intellectual Property Rights

Article XVII DHS Specific Acknowledgements and Assurances

Article XVIII Procurement of Recovered Materials

Article XIX Terrorist Financing

Article XX Civil Rights Act of 1964 - Title VI

Article XXI Prior Approval for Modification of Approved Budget

Article XXII Acknowledgement of Federal Funding from DHS

Article XXIII Acceptance of Post Award Changes

Article XXIV Rehabilitation Act of 1973

Article XXV False Claims Act and Program Fraud Civil Remedies

Article XXVI Nondiscrimination in Matters Pertaining to Faith-Based Organizations

Article XXVII Lobbying Prohibitions

Article XXVIII Education Amendments of 1972 (Equal Opportunity in Education Act) - Title IX

Article XXIX Age Discrimination Act of 1975

Article XXX National Environmental Policy Act

Article XXXI Assurances, Administrative Requirements, Cost Principles, Representations and Certifications

Article XXXII USA PATRIOT Act of 2001

Article XXXIII Non-Supplanting Requirement

Article XXXIV Drug-Free Workplace Regulations

Article XXXV Universal Identifier and System of Award Management

Article XXXVI Reporting Subawards and Executive Compensation

Article XXXVII Energy Policy and Conservation Act

Article XXXVIII Whistleblower Protection Act

Article XXXIX Federal Debt Status

Article XL Use of DHS Seal, Logo and Flags

Article XLI Notice of Funding Opportunity Requirements

Article XLII SAFECOM

Article XLIII Funding Hold: Environmental Planning and Historic Preservation (EHP) Compliance

Article XLIV Funding Hold: Detailed Cost Breakdown & Justification Required

Article I - Summary Description of Award

The terms of the approved Investment Justification(s) and Budget Detail Worksheet(s) submitted by the recipient are incorporated into the terms of this Federal award, subject to the additional description and limitations stated in this Agreement Article and the limitations stated in subsequent reviews by FEMA of the award budget. Investments not listed in this Agreement Article are not approved for funding under this award.

Investment 1: Port Security Response Airboat Sustainment Investment is fully funded for $23625. Investment 2: Interoperable Communications is fully funded for $39465.

Investment 3: Camera System Upgrade is fully funded for $375000.

Investment 4: Perimeter Fencing Sustainment - Phase 1 is fully funded for $375000.

Article II - Activities Conducted Abroad

Recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.

Article III - Reporting of Matters Related to Recipient Integrity and Performance

If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this federal award, then the recipients must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.

Article IV - Trafficking Victims Protection Act of 2000 (TVPA)

Recipients must comply with the requirements of the government-wide financial assistance award term which implements Section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), codified as amended at 22 U.S.C. section 7104. The award term is located at 2 C.F.R. section 175.15, the full text of which is incorporated here by reference.

Article V - Federal Leadership on Reducing Text Messaging while Driving

Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official government business or when performing any work for or on behalf of the federal government.

Article VI - Debarment and Suspension

Recipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3000. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities.

Article VII - Fly America Act of 1974

Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C. section 41102) for international air transportation of people and property to the extent that such service is available, in

accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. section 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.

Article VIII - Americans with Disabilities Act of 1990

Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. No. 101-336 (1990) (codified as amended at 42 U.S.C. sections 12101-12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities.

Article IX - Duplication of Benefits

Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by

federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.

Article X - Copyright

Recipients must affix the applicable copyright notices of 17 U.S.C. sections 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.

Article XI - Civil Rights Act of 1968

Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. No. 90-284, as amended through Pub. L. 113-4, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (see 42 U.S.C. section 3601 et seq.), as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units-i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and

ground-floor units in buildings without elevators)-be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.)

Article XII - Best Practices for Collection and Use of Personally Identifiable Information (PII)

Recipients who collect PII are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively.

Article XIII - Limited English Proficiency (Civil Rights Act of 1964, Title VI)

Recipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. section 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services.

For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance-published-help-department-supported-organizations-provide-meaningful-access- people-limited and additional resources on http://www.lep.gov.

Article XIV - Hotel and Motel Fire Safety Act of 1990

In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. section 2225a, recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, (codified as amended at 15 U.S.C. section 2225.)

Article XV - Disposition of Equipment Acquired Under the Federal Award

When original or replacement equipment acquired under this award by the recipient or its sub-recipients is no longer needed for the original project or program or for other activities currently or previously supported by DHS/FEMA, you must request instructions from DHS/FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. Section 200.313.

Article XVI - Patents and Intellectual Property Rights

Recipients are subject to the Bayh-Dole Act, 35 U.S.C. section 200 et seq, unless otherwise provided by law. Recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. section 401.14.

Article XVII - DHS Specific Acknowledgements and Assurances

All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff.

1. Recipients must cooperate with any compliance reviews or compliance investigations conducted by DHS.

   
   

2. Recipients must give DHS access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance.

   
   

3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports.

   
   

4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

   
   

5. Recipients of federal financial assistance from DHS must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receipt of the Notice of Award or, for State Administering Agencies, thirty (30) days from receipt of the DHS Civil Rights Evaluation Tool from DHS or its awarding component agency. After the initial submission for the first award under which this term applies, recipients are required to provide this information once every two (2) years as long as they have an active award, not every time an award is made. Recipients should submit the completed tool, including supporting materials, to CivilRightsEvaluation@hq.dhs.gov. This tool clarifies the civil rights obligations and related reporting requirements contained in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhs-civil-rights-evaluation-tool.

   
   

6. The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if the recipient identifies steps and a timeline for completing the tool. Recipients should request extensions by emailing the request

   to CivilRightsEvaluation@hq.dhs.gov prior to expiration of the 30-day deadline.

   
   

   Article XVIII - Procurement of Recovered Materials

   
   

   States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965), (codified as amended by the Resource Conservation and Recovery Act, 42 U.S.C. section 6962.) The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition.

   
   

   Article XIX - Terrorist Financing

   
   

   Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws.

   Article XX - Civil Rights Act of 1964 - Title VI

   
   

   Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (codified as amended at 42 U.S.C. section 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7.

   
   

   Article XXI - Prior Approval for Modification of Approved Budget

   
   

   Before making any change to the DHS/FEMA approved budget for this award, you must request prior written approval from DHS/FEMA where required by 2 C.F.R. Section 200.308. DHS/FEMA is also utilizing its discretion to impose an additional restriction under 2 C.F.R. Section 200.308(e) regarding the transfer of funds among direct cost categories, programs, functions, or activities. Therefore, for awards with an approved budget where the Federal share is greater than the simplified acquisition threshold (currently $250,000), you may not transfer funds among direct cost categories, programs, functions,

   or activities without prior written approval from DHS/FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget DHS/FEMA last approved. You must report any deviations from your DHS/FEMA approved budget in the first Federal Financial Report (SF-425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval.

   
   

   Article XXII - Acknowledgement of Federal Funding from DHS

   
   

   Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.

   
   

   Article XXIII - Acceptance of Post Award Changes

   
   

   In the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. Please call the FEMA/GMD Call Center at (866) 927-5646 or via e-mail to ASK-GMD@fema.dhs.gov if you have any questions.

   
   

   Article XXIV - Rehabilitation Act of 1973

   
   

   Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112 (1973), (codified as amended at 29 U.S.C. section 794,) which provides that no otherwise qualified handicapped individuals in

   the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.

   
   

   Article XXV - False Claims Act and Program Fraud Civil Remedies

   
   

   Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. sections 3729-3733, which prohibits the submission of false or fraudulent claims for payment to the federal government. (See 31 U.S.C. sections 3801-3812, which details the administrative remedies for false claims and statements made.)

   
   

   Article XXVI - Nondiscrimination in Matters Pertaining to Faith-Based Organizations

   
   

   It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith-based organizations in individual DHS programs.

   
   

   Article XXVII - Lobbying Prohibitions

   
   

   Recipients must comply with 31 U.S.C. section 1352, which provides that none of the funds provided under a federal financial assistance award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification.

   Article XXVIII - Education Amendments of 1972 (Equal Opportunity in Education Act) - Title IX

   
   

   Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. No. 92-318 (1972) (codified as amended at 20 U.S.C. section 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19.

   
   

   Article XXIX - Age Discrimination Act of 1975

   
   

   Recipients must comply with the requirements of the Age Discrimination Act of 1975, Pub. L. No. 94-135 (1975) (codified as amended at Title 42, U.S. Code, section 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance.

   
   

   Article XXX - National Environmental Policy Act

   
   

   Recipients must comply with the requirements of the National Environmental Policy Act of 1969 (NEPA), Pub. L. No. 91-190 (1970) (codified as amended at 42 U.S.C. section 4321 et seq.) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans.

   
   

   Article XXXI - Assurances, Administrative Requirements, Cost Principles, Representations and Certifications

   
   

   DHS financial assistance recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances - Non-Construction Programs, or OMB Standard Form 424D Assurances - Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances applicable to their program as instructed by the awarding agency. Please contact the DHS FAO if you have any questions.

   
   

   DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations (C.F.R.) Part 200, and adopted by DHS at 2 C.F.R. Part 3002.

   
   

   Article XXXII - USA PATRIOT Act of 2001

   
   

   Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), Pub. L. No. 107-56, which amends 18

   U.S.C. sections 175-175c.

   
   

   Article XXXIII - Non-Supplanting Requirement

   
   

   Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources.

   
   

   Article XXXIV - Drug-Free Workplace Regulations

   
   

   Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2

   C.F.R. Part 3001, which adopts the Government-wide implementation (2 C.F.R. Part 182) of Sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (41 U.S.C. sections 8101-8106).

   
   

   Article XXXV - Universal Identifier and System of Award Management

   
   

   Recipients are required to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated here by reference.

   
   

   Article XXXVI - Reporting Subawards and Executive Compensation

   Recipients are required to comply with the requirements set forth in the government-wide award term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated here by reference in the award terms and conditions.

   
   

   Article XXXVII - Energy Policy and Conservation Act

   
   

   Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. No. 94- 163 (1975) (codified as amended at 42 U.S.C. section 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.

   
   

   Article XXXVIII - Whistleblower Protection Act

   
   

   Recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.C section 2409, 41 U.S.C. section 4712, and 10 U.S.C. section 2324, 41 U.S.C. sections 4304 and 4310.

   
   

   Article XXXIX - Federal Debt Status

   
   

   All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129.)

   
   

   Article XL - Use of DHS Seal, Logo and Flags

   
   

   Recipients must obtain permission from their DHS FAO prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.

   
   

   Article XLI - Notice of Funding Opportunity Requirements

   
   

   All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO.

   
   

   Article XLII - SAFECOM

   
   

   Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.

   
   

   Article XLIII - Funding Hold: Environmental Planning and Historic Preservation (EHP) Compliance

   
   

   This award includes work, such as ground disturbance, that triggers an Environmental Planning and Historic Preservation (EHP) compliance review. A funding hold is placed on the following Investment/projects, and the recipient is prohibited from obligating, expending, or drawing down FY 2020 PSGP funds in the amount of $773625 in support of the following Investment/ projects, with a limited exception for any approved costs associated with the preparation, conduct, and completion of required EHP reviews. Refer to the FY 2020 PSGP Notice of Funding Opportunity (NOFO) and Preparedness Grants Manual (PGM) for further information on EHP requirements and other applicable program guidance, including FEMA Information Bulletin No. 404.

   
   

   Investment #1: Port Security Response Airboat Sustainment Investment : $23625 Investment #3: Camera System Upgrade : $375000

   Investment #4: Perimeter Fencing Sustainment - Phase 1 : $375000

   
   

   To release this hold, the recipient is required to obtain the required DHS/FEMA EHP compliance approval for this Investment pursuant to the FY 2020 PSGP NOFO and PGM. Failure to comply with this condition may jeopardize your ability to access and expend federal funds for the Investment/projects listed above. Please contact your DHS/FEMA GPD Headquarters Preparedness Officer to receive specific guidance regarding EHP compliance.

   
   

   If you have questions about this funding hold or believe it was placed in error, please contact the DHS/FEMA GPD Headquarters Preparedness Officer.

   
   

   Article XLIV - Funding Hold: Detailed Cost Breakdown & Justification Required

   FEMA has placed a funding hold on this award, and $4,500.00 is on hold in the FEMA financial systems. The Manatee

   County Port Authority is prohibited from obligating, expending, or drawing down the federal funds associated with the following projects/investments. Project/Investment #2:Interoperable Communications $4,500.00.

   To release the funding hold, the recipient must provide a detailed cost breakdown and justification for the projects/investments listed above. FEMA will rescind the funding hold upon its review and approval of the detailed cost breakdown and justification. If you believe this funding hold was placed in error, please contact the relevant Program Analyst or Grants Management Specialist.

   
   

   	BUDGET COST CATEGORIES
   Personnel		$0.00
   Fringe Benefits		$0.00
   Travel		$0.00
   Equipment		$687,220.00
   Supplies		$0.00
   Contractual		$390,900.00
   Construction		$0.00
   Indirect Charges		$0.00
   Other		$6,000.00

   Obligating Document for Award/Amendment
   1a. AGREEMENT NO. EMW-2020-PU-00427-S01		2. AMENDMENT NO. ***	3. RECIPIENT NO. 510202754	4. TYPE OF ACTION AWARD		5. CONTROL NO. WX03529N2020T
   6. RECIPIENT NAME AND ADDRESS Manatee County Port Authority 300 Tampa Bay Way Suite 1 Palmetto, FL, 34221 - 6608		7. ISSUING FEMA OFFICE AND ADDRESS FEMA-GPD 400 C Street, SW, 3rd floor Washington, DC 20472-3645 POC: 866-927-5646		8. PAYMENT OFFICE AND ADDRESS FEMA Finance Center 430 Market Street Winchester, VA 22603
   9. NAME OF RECIPIENT PROJECT OFFICER David St. Pierre		PHONE NO. 941-722-6621	10. NAME OF FEMA PROJECT COORDINATOR Central Scheduling and Information Desk Phone: 800-368-6498 Email: Askcsid@dhs.gov
   11. EFFECTIVE DATE OF THIS ACTION 09/01/2020		12. METHOD OF PAYMENT PARS	13. ASSISTANCE ARRANGEMENT Cost Reimbursement		14. PERFORMANCE PERIOD From: To: 09/01/2020 08/31/2023 Budget Period 09/01/2020 08/31/2023
   1 5. DESCRIPTION OF ACTION a. (Indicate funding data for awards or financial changes)
   PROGRAM NAME ACRONYM	CFDA NO.	ACCOUNTING DATA (ACCS CODE) XXXX-XXX-XXXXXX- XXXXX-XXXX-XXXX-X	PRIOR TOTAL AWARD	AMOUNT AWARDED THIS ACTION + OR (-)	CURRENT TOTAL AWARD	CUMULATIVE NON- FEDERAL COMMITMENT

   
   

   Port Security Grant Program	97.056	2020-FA-GC01-P410- -4101-D	$0.00	$813,090.00	$813,090.00	See Totals
   $0.00 $813,090.00 $813,090.00 $271,030.00
   b. To describe changes other than funding data or financial changes, attach schedule and check here. N/A
   16 a. FOR NON-DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address) Port Security Grant Program recipients are not required to sign and return copies of this document. However, recipients should print and keep a copy of this document for their records. 16b. FOR DISASTER PROGRAMS: RECIPIENT IS NOT REQUIRED TO SIGN This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited above.
   17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) ,						DATE
   18. FEMA SIGNATORY OFFICIAL (Name and Title) SHENAUZ SUBRINA WONG , Assistance Officer						DATE Tue Sep 01 12:19:36 GMT 2020

   September 29, 2020

   
   

   CONSENT

   AGENDA ITEM 1.G.: CARVER MARITIME, LLC LEASE AMENDMENT

   FOUR

   
   

   BACKGROUND:

   
   

   On August 16, 2018, the Authority approved the lease of 10 acres with Carver Maritime, LLC (Carver). Amendments One, Two and Three were previously approved increasing the lease footprint and revising the term start and end dates. Amendment Four revises the minimum annual guaranteed tonnage for years 2 and 3 of the Lease (fiscal years 2020 and 2021) from 150,000 tons to 55,000 tons and from 300,000 tons to 150,000 tons, respectively, in recognition of the asset investments made by Carver and the timing of expected new business.

   
   

   ATTACHMENT:

   
   

   Port Manatee and Carver Maritime, LLC Lease Amendment Four

   
   

   COST AND FUNDING SOURCE:

   
   

   N/A.

   
   

   CONSEQUENCES IF DEFERRED:

   
   

   Delay in approving lease amendment

   
   

   LEGAL COUNSEL REVIEW: Yes

   
   

   RECOMMENDATION:

   
   

   Move to approve and authorize the Chairman, on behalf of the Port Authority, to execute the Port Manatee and Carver Maritime, LLC Lease Amendment Four revising the minimum annual guaranteed tonnage for years two and three of the Lease.

   
   

   26981/001/01657408.DOCXv1

   PORT MANATEE AND CARVER MARITIME, LLC LEASE AMENDMENT FOUR

   
   

   The terms and conditions of this Port Manatee and Carver Maritime, LLC Lease Amendment Four between Port Manatee and Carver Maritime, LLC (hereinafter "Amendment Four"), made and entered into by and between the MANATEE COUNTY PORT AUTHORITY, a political entity of the State of Florida, with its principal place of business located at Port Manatee, 300 Tampa Bay Way, Palmetto, Florida 34221, (hereinafter referred to as the "Authority"), and CARVER MARITIME, LLC, a limited liability company duly organized and existing under the laws of the State of New York and authorized to do business in the State of Florida, with a place of business located at 494 Western Turnpike Altamont, NY 12009, (hereinafter referred to as "Carver" or "Lessee"), (collectively hereinafter referred to as the "Parties") for and in consideration of the mutual covenants herein contained and other good and valuable consideration, amend the Port Manatee and Carver Maritime, LLC Lease entered into by the Parties dated August 16, 2018 (hereinafter "Lease"), Port Manatee and Carver Maritime, LLC Lease Amendment One entered into by the Parties dated July 23, 2019 (hereinafter "Amendment One"), Port Manatee and Carver Maritime, LLC Lease Amendment Two entered into by the Parties dated August 15, 2019 (hereinafter "Amendment Two") and Port Manatee and Carver Maritime, LLC Lease Amendment Three entered into by the Parties dated October 8, 2019 (hereinafter "Amendment Three") and state as follows:

   1. CONSIDERATION. Each of the Parties represented that as a result of economic conditions, mutual covenants, the long-term benefit to both Parties, and other good and valuable consideration, this Amendment Four shall govern the Parties' responsibilities

      
      

      26981/001/01657407.DOCXvl Page 1 of 4

      regarding paragraphs of the Lease, Amendment One, Amendment Two and Amendment Three entitled Minimum Annual Guaranteed Tonnage (paragraph 14).

   2. SCOPE. This Amendment Four is being entered into to revise the minimum annual guaranteed tonnage for years 2 and 3 of the Lease. This Amendment Four is being entered into for the purpose of amending, modifying and .superseding paragraph 14 of the Lease, Amendment One, Amendment Two, and Amendment Three. Except to the extent herein amended, all other provisions set forth in the Lease, Amendment One, Amendment Two, and Amendment Three shall remain in full force and effect and binding upon the Authority and Carver. In entering into Amendment Four, the Parties acknowledge that in no way has the Authority waived any of its rights or claims it may have against Carver.

   3. AMENDMENT. The Parties agree to amend, modify, and supersede paragraph 14 of the Lease, as follows:

   
   

   1. MINIMUM ANNUAL GUARANTEED TONNAGE. Regardless of the amount of short tons (2,000 pounds) of cargo actually shipped through Port Manatee by Lessee during the Initial Term or any extended term, Lessee guarantees that the following amount of short tons will be paid by Lessee to the Authority ("minimum annual guarantee" or "MAG"):

      • Year 1 - 0 short tons

        
        

      • Year 2 - 55,000 short tons

        
        

      • Year 3 - 150,000 short tons

        
        

      • Years 4-5 - 300,000 short tons each year

        
        

      • Year 6-10 - 400,000 short tons each year

        
        

      • Year 11+ - see below.

Any MAG shortfall will be at a blended wharfage rate of $.80 per short ton. With each renewal option, the MAG shortfall wharfage rate will be increased 4 percent. In the event the Authority, due to berth congestion, is unable to dock a vessel transporting the Lessee's cargo on the day the cargo arrives at Port Manatee, then the Authority will adjust the MAG as defined in the paragraph of this Lease entitled "Force Majeure and Abatement of Payments" in this Lease.

Upon the expiration of each year of the term of this Lease, an accounting will be made as to the actual amount of wharfage charged by the Authority and paid by the Lessee for each particular year, and the Lessee shall pay within 30 days thereafter any difference remaining due between the amount of the wharfage actually paid and the amount of guaranteed wharfage for that particular year. In the event the Lessee elects to exercise its option to extend the term of this Lease set forth in the paragraph of this Lease entitled "Term," the Parties shall negotiate the MAG for each extension period prior to commencement and the MAG must not be less than 400,000 short tons per year for any extended term(s).

1. CONFLICT. In the event of a conflict regarding the provisions set forth in paragraph 14 of the Lease, Amendment One, Amendment Two, Amendment Three, and the provisions contained in this Amendment Four, the provisions set forth in Amendment Four shall prevail. In the event of a conflict between any other paragraphs within Amendment Four and the Lease, Amendment One, Amendment Two, or Amendment Three, the Lease, Amendment One, Amendment Two, or Amendment Three shall prevail.

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

3. EFFECTIVE DATE. The effective date of Amendment Four is September 29, 2020.

6. EFFECTIVE DATE. The effective date of Amendment Four is September 29, 2020.

IN WITNESS WHEREOF, the Parties have caused this Amendment Four to be duly executed in duplicate this the 29th day of September, 2020.

ATTEST: ANGELINA M. COLONNESO MANATEE COUNTY PORT AUTHORITY

Clerk of Circuit Court

By:

Printed:----------

By:

Priscilla Trace Chairman AUTHORITY

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By: ,[- £ - , , IV - - ,

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September 29, 2020

CONSENT

AGENDA ITEM 1.H.: DELETION OF PORT ASSETS BACKGROUND:

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

ATTACHMENT:

Asset Deletion - September 29, 2020

COST AND FUNDING SOURCE:

N/A.

CONSEQUENCES IF DEFERRED:

Delay in updating property records.

LEGAL REVIEW: N/A

RECOMMENDATION:

Remove assets as listed on the attached Asset Deletion – September 29, 2020 from the Fixed Assets Listing.

Asset Deletion - September 29, 2020

Asset # Description

Serial/VIN# Date Purchased

Cost Value Status Remarks

September 29, 2020

CONSENT

AGENDA ITEM 1.I.: DRUG FREE WORKPLACE AND COMPUTER USE

REVISIONS

BACKGROUND:

The Drug Free Workplace and Computer Use policies were reviewed by legal counsel and port staff and were revised to implement needed updates. Chapter 3 titled Computer Use and Chapter 4 titled Drug Free Workplace of the Manatee County Port Authority Policies are now titled Information Technology Policy Manual and Drug and Alcohol Free Workplace Policy and Work Rules.

ATTACHMENT:

Chapter 3 titled “Information Technology Policy Manual” and Chapter 4 titled “Drug and Alcohol Free Workplace Policy and Work Rules”

COST AND FUNDING SOURCE:

N/A.

CONSEQUENCES IF DEFERRED:

N/A

LEGAL COUNSEL REVIEW: Yes

RECOMMENDATION:

Move to approve the revised Chapter 3 now titled “Information Technology Policy Manual” and the revised Chapter 4 now titled “Drug Free and Alcohol Free Workplace Policy and Work Rules” of the Manatee County Port Authority Policies.

CHAPTER 3

INFORMATION TECHNOLOGY POLICY MANAUAL

300 Tampa Bay Way Palmetto, FL 34221-6608

941-722-6621 Fax 941-729-1463

www.portmanatee.com

Manatee County Port Authority Information Technology Policy Manual

Information Technology - Date Issued: 09/29/20

Table of Contents

1. Purpose 2

   1. Introduction 2

   2. Scope 2

   3. Contact Information 2

2. Generally Applicable Policies 2

   1. License Agreements 2

   2. Copyright 2

   3. Privacy 3

   4. Security Problems 3

3. Acceptable Use 3

   1. Accounts and Authentication 3

   2. Internet 4

   3. Public Representations 5

   4. Messaging (Email and Instant Messaging) 5

   5. Signatures 6

   6. Text Messaging 6

4. Device Protection and Use 6

   1. Usage 6

   2. Hardware 7

   3. Software 7

5. Data Protection and Use 8

   1. Sensitive Information 8

   2. Electronic Media Policy 10

   3. Public Records 10

6. Network Protection and Use 11

1. Purpose

   1. Introduction

      
      

      This policy regulates the use of Information Technology (IT) resources of Manatee County Port Authority (Port). Due to the Port's reliance on information technology in supporting IT business, it is required that this policy be understood and closely followed by all persons who access, use, operate, maintain, or otherwise support these Port resources.

      
      

      Violation of the policy may lead to revocation of user privileges and disciplinary action up to and including termination of employment.

      
      

      Use of Port IT resources constitutes a user’s acknowledgement, understanding and acceptance of this policy and all Port IT procedures as well as applicable laws referenced therein.

      
      

   2. Scope

      
      

      This policy applies to all users, including Port officers, administrators, employees, temporary personnel, contractors and their agents. It covers systems and IT assets used in conducting Port business, regardless of where the assets are used, or the work is conducted.

      
      

      Notwithstanding the foregoing, the Port may from time to time be required or elect to provide access to the Port’s IT resources to users or other non-Port agencies which require unique exceptions or adjustments to this policy, such as to accommodate rules concerning personal health information or attorney client communications. In such cases, IT personnel will work with the requesting party to ensure the security and integrity of Port assets is maintained.

      
      

   3. Contact Information

      
      

      Users having questions regarding this policy should direct them to their department director who will consult with IT personnel.

      
      

2. Generally Applicable Policies

   
   

   1. License Agreements

      
      

      The Port requires strict adherence to all vendor license agreements. Copying, using, distributing or altering software in a manner that is not consistent with the vendor's license is strictly forbidden.

      
      

   2. Copyright

      
      

      Use, reproduction, or distribution of copyrighted materials must only be done with the permission of the owner. Unless prior written permission from the copyright owner is obtained, making copies of material from Web sites, magazines, journals, newsletters, and other publications is prohibited. Questions regarding copyright should be directed to the Port’s

      Administration Department for consultation with legal counsel.

      
      

   3. Privacy

      
      

      Users of Port IT resources should realize that their communications are not private and may constitute public records subject to inspection at any time under Florida law.

      
      

      Unless otherwise prohibited by law, at any time and without prior notice, Port management reserves the right to examine messages, files and directories, and other information stored on Port devices or traversing Port networks and systems. This examination assures compliance with internal policies and procedures and assists with overall management of Port IT systems

      
      

   4. Security Problems

      
      

      IT must be notified immediately when:

      
      

      • Sensitive Port information is lost, disclosed to unauthorized parties, or suspected of being lost or disclosed to unauthorized parties.

        
        

      • Port hardware, software, or data is lost or stolen, or is suspected of being lost or stolen.

        
        

      • Unauthorized use of the Port’s IT systems has taken place, or there is reason to suspect it has taken place.

        
        

      • Passwords or other system access control mechanisms are lost, stolen, or disclosed, or are suspected of being lost, stolen, or disclosed.

        
        

      • A computer or other device is known or suspected to be infected with malicious software such as a computer virus and could cause damage to systems or potential loss of data.

        
        

        The specifics of security related problems should be treated with discretion, and it should not be discussed widely, but shared only on a need to know basis. The Director of Public Safety and Security shall be notified of all cyber-security related compromises so that required notifications to federal regulatory agencies can be initiated in accordance with the port’s USCG approved facility security plan.

        
        

3. Acceptable Use

   
   

   1. Accounts and Authentication

      
      

      An important aspect of securing any IT resource is identifying users who are authorized to access and use that system. This process is known as authentication. The most common form of authentication is a combination of a username and a password. A username identifies a particular user and should be unique on any given system. A password is a secret that should only be known by the user associated with a particular username. For more sensitive or higher risk systems, stronger forms of authentication are available and may be appropriate depending upon unique circumstances. In all cases, users must comply with all username and password standards, which

      may include a minimum number of characters, complexity, change intervals, history, and other such parameters.

      
      

      Those responsible for controlling access to IT systems, and having specific privileges to grant such access must:

      
      

      • Follow all policies, procedures and standards;

        
        

      • Conduct all activity with their own user credentials;

        
        

      • Not share their passwords or delegate their responsibilities;

        
        

      • Not write down or otherwise store their passwords where they may be found by someone else;

        
        

      • Immediately change their passwords when they suspect a security problem with an IT system, device, or account; and

        
        

      • Use different passwords for personal versus Port user accounts

        
        

        Office administrators, supervisors or managers shall not require users to disclose passwords, or to compile master lists of passwords. In the event that access is required, such as in an emergency situation, IT can provide assistance upon request.

        
        

        The user of a particular username and password combination is responsible for securing that information, and for the activities they perform on a system once authentication has been made.

        
        

        Users must inform IT of any changes to the user’s access information, i.e., login information, or submit a request through the user’s manager to the IT department to change the access information on any device.

        
        

        IT will enable or disable access for new users during the onboarding process, and to retire users during the off-boarding process.

        
        

   2. Internet

      
      

      Port internet services are provided for users and are to be employed for the conduct of Port business. While an exemption may be made for limited personal use, the internet is generally not to be used for personal activities or personal business. Except for internet content required in conducting sanctioned Port business, accessing, storing, and distributing unauthorized or pirated software or content, account and password lists, credit card or other financial data, hacking tools and inappropriate or pornographic content is specifically prohibited.

      
      

      Users from various Port departments are assigned the specific role of maintaining the content of the Port’s Web sites, and only those users are authorized to post Port information on either the Port’s Web sites or to other social media Web sites.

      
      

      Users should be aware that standard internet services, including email, provide no security protection against eavesdropping, forgery, or other risks. As such, sensitive information should

      not be sent without being protected by encryption, authentication, or other integrity checking mechanisms. Port purchasing cards may be used online in accordance with Purchasing Department guidelines and procedures, however, users should not disclose personal information over the internet such as credit card numbers, passwords, a home address or home phone number while using a Port device.

      
      

      Any user experiencing any type of harassment, threat or other inappropriate contact via the Port internet should immediately report it to IT.

      
      

   3. Public Representations

      
      

      When engaged in internet communications with the general public, only those users who are authorized by a Port employee at the department director level or above to provide official support for Port positions, products or services, may indicate their title or affiliation with the Port. These may include a Port administrator, information officer, or lobbyist representing an official Port position. Whenever such users disclose an affiliation with the Port, they must clearly indicate that “the opinions expressed are my own and not necessarily those of Port” unless the position is an official position of the Port or they have received instructions to represent the Port.

      
      

      No department, division, users, or other person shall create a website, page or other presence outside of the official Port websites that purports or attempts to represent the Port or uses the Port symbol or logo. Official Port web pages will be based on content and standards established by the Communications department and approved by the Executive Director.

      
      

   4. Messaging (Email and Instant Messaging)

      
      

      Port messaging systems, including email and Instant Messaging (IM) (for example, Jabber), are to be used only for official Port business purposes. All messages sent or received by Port messaging systems are Port records and subject to possible public records disclosure. The Port reserves the right to access and disclose all messages sent over IT messaging system for any purpose. Supervisors may review the communications of users they supervise to determine whether they have breached security, violated Port policy, or taken other unauthorized actions. The Port may also disclose messages to law enforcement officials or members of the public without prior notice to users who may have sent or received such messages.

      
      

      Use of messaging must not involve non-Port business, religious, charitable, political or financial solicitation, and must not contain material which may potentially embarrass the Port.

      
      

      Messaging may be used for such things as setting office lunches, however, social discussions regarding such things as romance, religion, sports, investments, and charities, are strictly prohibited. If a user receives an unsolicited personal message from a known sender, the user should respond that the account is only for official business, and if appropriate, the sender should direct further correspondence to the user’s personal home account.

      
      

      In responding to messages, users should limit their response to only necessary users to mitigate lost productivity attributed to such things as “reply all”. Group broadcast or mass mailing features in which everyone is included in the distribution should be kept to a minimum and may

      only be used with approval of a department director or above.

      
      

      Users are prohibited from using Port IT resources to engage in free speech activities. Messages sent by authorized users to Internet discussion groups, electronic bulletin boards, or other public forums may be reviewed by Port officials and removed if determined to be inconsistent with Port policy. Messages in this category include political statements, religious statements, profanity or other foul language, and statements viewed as harassment based on race, creed, national origin, color, age, sex, military service or physical disability. When practical and feasible, users responsible for these messages will be given the opportunity to remove them.

      
      

      Users must not use a messaging account assigned to another user to send or receive messages. If there is a need to read another user’s messages, such as while they are on vacation, provisions can be made by the user to delegate temporary access to their account.

      
      

   5. Signatures

      
      

      The Port email system may provide features that allow text and images to be appended to each message sent. Where applicable, users shall follow the Port standards, and in all cases, such contact information should be in a professional format, color and font. Users are not permitted to append any other matter, including:

      
      

      • Inspirational, political, religious or humorous quotes

        
        

      • Images, pictures, graphics, photos, or non-Port Web links

        
        

      • Legal disclaimers or confidentiality language unless approved by the Port legal counsel

        
        

   6. Text Messaging

      
      

      Text messaging shall not be used for conducting Port business unless expressly approved by a department director. The only exception to this is for transitory messages such as asking if someone is available to meet or where they are located.

      
      

4. Device Protection and Use

   
   

   1. Usage

      
      

      The use of both Port and personal information technology assets for conducting Port business must be approved by a department director or their designee. This includes but is not limited to desktop computers, virtual computers, laptops, tablets, smartphones, and other devices that require connection to the Port network, systems, or services.

      
      

      To maintain the proper operation and protection of the Port’s IT resources, certain standards are necessary to ensure compatibility and interoperability of hardware devices and software. Users should not connect devices to the Port network or make hardware or software modifications

      without coordinating with IT first. This is particularly important in cases where personal devices have been approved to ensure that security requirements can be met.

      
      

      To prevent unauthorized access, users should logout or lock their computer or other devices when they are away from their station or device.

      
      

      The proliferation of mobile devices and remote access for Port employees are enabling greater agility and flexibility for the mobile workforce. In many business areas, the need for remote access and mobile devices is both desired, and in some cases necessary, given that software application developers are designing extensively on web-based and mobile platforms. This is creating challenges in managing a diverse workforce having access to Port information and the ability to work from any location, at any time and without regard for exempt or non-exempt status and the Fair Labor Standards Act (FLSA). As such, users who are non-exempt shall not use any mobile device or other computer hardware outside of their approved work schedule without director approval.

      
      

   2. Hardware

      
      

      Devices should be protected against:

      
      

      • Electrical damage through the use of uninterruptible power supplies (UPS) or surge protectors

        
        

      • Environmental hazards including dust, fire, and water leaks

        
        

      • Theft, loss, destruction, unauthorized access, or misuse

        
        

        IT will work with customers to identify risks and appropriate steps to mitigate those risks. IT will maintain an inventory of IT assets, and where applicable, will maintain a program to manage their lifecycle, providing for stability, performance, and overall cost effectiveness.

        
        

        Upon separation from the Port, all hardware and software in use by or assigned to a user must be returned to the appropriate Port department, and access to the Port network, systems, and services will be removed.

        
        

   3. Software

      
      

      Unless official information is received to the contrary, users should treat all software on Port computers and mobile devices as though it is protected by copyright.

      
      

      Commercial software purchased by the Port is authorized for Port use only. Any exception to this rule, such as when a Port license includes a provision for home use, will be explicitly communicated to users. Making copies of software purchased by the Port for personal use is illegal and prohibited.

      
      

      The Port is not responsible for the legal defense and settlement of any claim where a user has been found guilty of copyright violation or the unauthorized duplication of software, manuals and other documentation.

      Where required, IT will review and authorize software for use on servers, personal computers, and other devices in accordance with IT relative importance and sensitivity. In general, large enterprise systems of record and those that are used to acquire, process, and store regulated data will receive the most formal and detailed review. Use of any software found to conflict with, or otherwise negatively impact other software or systems may be restricted.

      
      

      Music, videos, photographs, games or other software applications that do not directly relate to the performance of assigned duties shall not be resident on or used on Port devices. Software applications used to conduct Port business may be purchased and installed on approved Port and personal computers and mobile devices in accordance with the Purchasing Department’s guidelines and procedures.

      
      

      IT will establish and maintain appropriate procedures, standards and guidelines for secure configurations of IT assets in order to mitigate or reduce risks such as data loss or corruption. This includes installation, configuration, and use of antivirus software on computers, mobile devices, servers, and other hardware. Users must comply with these procedures, standards, and guidelines and shall not circumvent these protections. Users should report to IT instances where antivirus or other security configurations are causing problems in performing Port business functions.

      IT will develop an approach to update software in use on Port networks, systems, and services. Timely software updates to all types of software applications are necessary to provide a stable information technology environment. Users must work with IT and their vendors to perform updates to vendor applications, and other Port software.

      
      

5. Data Protection and Use

   
   

   1. Sensitive Information

      
      

      IT information is used throughout the Port by all departments for a wide variety of functions. Some of this data is very sensitive in nature and requires special protection. Examples include:

      
      

      • Health information, for example, as defined by Health Insurance Portability and Accountability Act (HIPPA)

        
        

      • Law enforcement data, for example, as defined by Criminal Justice Information Services (CJIS)

        
        

      • Payment card information, for example, as defined by Payment Card Industry Data Security Standard (PCI DSS)

        
        

      • Financial records

        
        

      • Personally identifiable information (PII)

        • Sensitive Security Information (SSI)

        
        

        Users responsible for creating or maintaining sensitive data should contact IT to ensure that adequate protection is in place.

        
        

        Data security safeguards will be put in place commensurate with the level of sensitivity of the data and will include access controls to ensure only authorized users may read, write, create, delete, or modify the sensitive data. These privileges must be defined in a manner consistent with job functionality.

        
        

        Encryption may be employed as additional protection for data stored on hard drives, removable media, and backup tapes (“data at rest”), as well as data being transferred over a network (“data in motion”). IT will establish and maintain encryption standards to ensure the encryption provides the proper protection.

        
        

        In order to properly manage Port information to meet public records obligations, IT will establish standards to mitigate situations where important data is encrypted with a key known to or accessible by only one person.

        
        

        IT will provide storage for data and files that is properly managed and backed up. Users must ensure they make use of these facilities in lieu of local storage on personal computers or other devices that are not protected by backups, redundancy, or other safeguards. Users should use local storage and desktop as a scratch pad only and save their data to a networked storage area. If not sure, users should contact IT for assistance.

        
        

        Some data may be stored on systems hosted by a third party. IT will work with users to ensure such data is properly protected.

        
        

        Users are not permitted to store Port data on any computer or mobile device that has not been approved for use by the Port.

        
        

        Users of HIPAA-protected data must also ensure they are familiar with, and comply with, the Port’s HIPAA compliance rules (as published on the Port’s website and the administrative procedures manual) when using, storing, transmitting or otherwise working with such data.

        
        

        The Port has a fiduciary responsibility to customers and payment card processors to comply with PCI DSS when handling payment card transactions. As such, the Port will maintain a PCI DSS Security and Governance Procedure and required related procedures to comply with the PCI DSS Requirements.

        
        

        Per the PCI DSS, Port employees:

        
        

      • Will not send or request Card Holder Data via e-mail, SMS, instant messaging or similar technologies

        
        

      • Will not take Card Holder Data over the Port Phone System

      • Will perform quarterly credit card terminal inspections, as directed, if your area uses terminals to process credit cards.

        
        

   2. Electronic Media Policy

      
      

      Port data shall be stored on Port media including but not limited to hard drives, CDs, DVDs, and flash drives. Upon separation from the Port, users must leave these assets with their supervisor. A user may not remove any data from the Port upon separation unless prior written permission has been obtained from their supervisor.

      
      

      When being removed from service, either temporarily such as when being sent for repair, or permanently such as when being retired at the end of its useful life; and once adequate measures have been taken to ensure all data is archived and will be accessible, all electronic media shall be securely erased or destroyed in order to ensure that sensitive data is not recovered by unauthorized parties. IT will establish and maintain standard procedures for this secure data destruction. Many devices beyond personal computers, including copiers, printers, and scanners, may also store data, and users should contact IT when removing them from service so that they may be securely wiped as well.

      Due to the risk of a portable device being lost or stolen, data shall be backed up prior to using such a device. In no case shall the only copy of sensitive data be stored on a portable device. Regarding data records protected by HIPAA, portable devices and laptops must never be used to transport data or be removed from Port buildings absent prior approval to do so.

      
      

   3. Public Records

      
      

      All data captured, created or stored electronically by users of the Port may be considered a public record under Florida law. Therefore, such data must be properly retained, backed-up and recoverable upon request. Data retention periods are dependent upon various State and Federal regulations, computer application requirements, customer requirements, and the type of information being stored. To facilitate the Port's compliance with applicable records laws, the following provisions are established:

      
      

      • All retention periods for computer data shall be established by the Port’s Administration Department and shall be based upon the applicable statutes and regulations governing records retention. Retention periods may vary by application.

        
        

      • IT has been implemented to archive all email sent and received by the Port email system. In order to provide efficient storage and archives, email system users are encouraged to delete items in their email account if they have no long-term value. Users are discouraged from sending unnecessary copies of an email, and from attaching large data attachments when not necessary.

        
        

      • Public records requests for computer records and email correspondence shall be directed to the Port’s Public Records Custodian for appropriate response. Users are not permitted to grant access to records, or to refuse to provide records requested, or to assert any legal exemptions to disclosure, without prior approval of the

        Administration Department and, if required, guidance from the Port legal counsel.

        
        

      • Public records laws are not limited to data stored on Port computers. Data transferred to a personal account or computer to allow a person to work away from the office may also be requested, even though the system and account are private. For this reason, users are not permitted to store any Port information on personal computers or other personal devices.

        
        

6. Network Protection and Use

IT will establish and maintain procedures, standards, and guidelines for the installation and operation of Port networks and interconnection with other networks. These networks will provide sufficient reliability, performance, and security to meet the business needs of the Port.

IT will provide capabilities to access the Port network, systems and services remotely, typically over the internet. Due to the insecure nature of the internet, these connections will have additional protection in the form of encryption and authentication. Remotely connected systems are an extension of the Port network and, therefore, are subject to the same rules and policies as though they were connected locally. IT will establish and maintain procedures and standards for remotely accessing the Port network, including from personal devices.

Wireless networking is provided in many Port buildings. User devices accessing the wireless network must adhere to IT standards to ensure proper operation, performance, and protection. As a courtesy, the Port may provide public access to the internet via the wireless network. The public wireless network may only be used by users for personal business using personal equipment on personal time. All Port business is to be conducted on the private wireless network.

Modems should not be used on Port Property. Exceptions must be approved by IT prior to installation or use.

Network infrastructure is routinely monitored and logged to ensure proper operation and security. Port systems may also be actively scanned to identify risks and security vulnerabilities.

CHAPTER 4

DRUG AND ALCOHOL FREE WORKPLACE POLICY AND WORK RULES

300 Tampa Bay Way Palmetto, FL 34221-6608

941-722-6621 Fax 941-729-1463

www.portmanatee.com

DRUG AND ALCOHOL FREE WORKPLACE POLICY AND WORK RULES

1. PURPOSE

   
   

   As a part of its commitment to safeguard the health of its employees, to provide a safe place for its employees to work and to promote a drug-free community, this chapter was established by the Manatee County Port Authority (“Port Authority”) on the use or abuse of alcohol and drugs by Port Authority employees. This Drug and Alcohol Free Workplace Policy and Work Rules (“Policy”) is pursuant to Florida’s Worker’s Compensation law, Chapter 440, Florida Statutes.

   
   

   Substance abuse, while at work or otherwise, seriously endangers the safety of employees, as well as the general public, and creates a variety of workplace problems including increased injuries on the job, increased absenteeism, increased health care and benefit costs, increased theft, decreased morale, decreased productivity and a decline in the quality of products and services provided. This Policy was established to prevent the use and/or presence of these substances in the workplace and to assist employees in overcoming any dependence on drugs and/or alcohol in accordance with the following guidelines.

   
   

   The purpose of this chapter is to communicate the Port Authority’s position on drugs and alcohol in the workplace and provide guidance for the implementation of related programs. Our desire and intent is to encourage any employee with alcohol or drug dependency to voluntarily enter a drug or alcohol rehabilitation program. It is the responsibility of each employee to initiate and obtain assistance before any difficulties with drugs or alcohol affects his or her work. Accordingly:

   
   

   EMPLOYEES ARE HEREBY NOTIFIED THAT IT IS A CONDITION OF EMPLOYMENT FOR EACH EMPLOYEE TO REFRAIN FROM REPORTING TO WORK OR WORKING WITH THE PRESENCE OF DRUGS OR ALCOHOL IN HIS OR HER BODY. IF AN EMPLOYEE TESTS CONFIRMED POSITIVE OR REFUSES TO SUBMIT TO A TEST FOR DRUGS OR ALCOHOL, THE EMPLOYEE IS SUBJECT TO DISCIPLINARY ACTION, INCLUDING TERMINATION, AND MAY FORFEIT ELIGIBILITY FOR MEDICAL AND INDEMNITY BENEFITS.

   
   

   Florida’s Workers' Compensation Act provides that an employee who is injured in the course and scope of his employment and tests positive on a drug or alcohol test, forfeits his eligibility for medical and indemnity benefits under Florida's Workers' Compensation. (Refusal to take a drug or alcohol test will result in the employee forfeiting his eligibility for medical and indemnity benefits under Florida's Workers’ Compensation Law and automatic termination of the employee).

   
   

2. SCOPE

   
   

   All employees are covered by this chapter and as a condition of employment are required to abide by the terms of this chapter.

   
   

   Because of state or federal laws and regulations, certain employees may be subject to additional requirements.

   
   

3. DRUG-FREE WORKPLACE POLICY DISSEMINATION

   
   

   1. The Port Authority has already given a general one-time notice to all employees that it is a condition of employment for employees to refrain from reporting to work or working with the presence of drugs or alcohol in his or her body and that a drug testing program was implemented and sixty (60) days has lapsed since the time of that notice. Exhibit A to this Policy provides the notice to be posted.

      
      

   2. Prior to testing, all employees or job applicants for employment will be given a summary of the Drug-Free Workplace Policy (Exhibit B), a summary of the drugs which may alter or affect a drug test (Exhibit C), a summary of this company's Employee Assistance Program (EAP) program as well as a list of local EAP and local drug rehabilitation programs (Exhibit D). The Administration Department shall review and update annually Exhibit D and distribute any change to employees. Employees will be required to sign an Employee Acknowledgement of Receipt and Understanding form (Exhibit E).

      
      

   3. A notice of drug testing will be included with all vacancy announcements for those positions where drug testing is required (want ads, job postings, etc.). A conspicuous location on the Port Authority’s premises and copies of the policies will be made available for inspection during regular business hours by the employee or job applicant in the Administration Department.

      
      

4. DEFINITIONS

   
   

   The definitions of words and terms as set forth in Florida Statutes, 440.102 (1993), the Florida Workers' Compensation Drug Testing Rules (Fla. Adm. Code, Chap. 38F-9) and the Florida Agency for Health Care Administration, Drug-Free Workplace Standards (Fla. Adm. Code, Chap. 10E-18) will apply to the terms used in this chapter.

   
   

   1. Drug: means alcohol, including a distilled spirit, wine, a malt beverage, or an intoxicating liquor; an amphetamine; a cannabinoid; cocaine, phencyclidine (PCP); a hallucinogen; methaqualone; an Opioids; a barbiturate; a benzodiazepine; a synthetic narcotic; a designer drug; or a metabolite of any of the substances listed in this paragraph.

   2. Drug rehabilitation program: means a service provider established pursuant to Florida law that provides confidential, timely, and expert identification, assessment, and resolution of employee drug abuse.

      
      

   3. Employee assistance program: means an established program capable of providing expert assessment of employee personal concerns; confidential and timely identification services with regard to employee drug abuse; referrals of employees for appropriate diagnosis, treatment, and assistance; and follow-up services for employees who participate in the program or require monitoring after returning to work.

      
      

   4. Job Applicant: means a person who has applied for a safety-sensitive or special- risk position with the Port Authority. Under some circumstances, such a job applicant may begin work pending the results of the drug test.

      
      

   5. Employee: means an individual who works for the Port Authority on a full-time or part-time basis and receives salary, wages, or other remuneration.

      
      

   6. Drug Test:

      
      

      1. "Drug test" means any chemical, biological or physical instrumental analysis administered by a laboratory certified by the United States Department of Health and Human Services (HHS) or licensed by the Agency for Health Care Administration (AHCA) for the purpose of determining the presence or absence of a drug or its metabolites, including alcohol.

         
         

      2. Drug testing may require the collection of blood, urine, breath, saliva, or hair of an employee or job applicant. The Port Authority has the right to use more accurate, scientifically accepted methods which may be approved in the future by the United States Food and Drug Administration (FDA) or the AHCA as such technology becomes available in a cost effective form.

         
         

      3. “Chain of custody” refers to the methodology of tracking specified materials or substances for the purpose of maintaining control and accountability from initial collection to final disposition for all such materials or substances and providing for accountability at each stage in handling, testing and storing specimens and reporting test results.

         
         

      4. "Initial Drug Test" means a sensitive, rapid, and reliable procedure to identify negative and presumptive positive specimens, using an immunoassay procedure or an equivalent, or a more accurate scientifically accepted method approved by the United States FDA or the AHCA, as such more accurate technology becomes available in a cost effective form.

      5. "Confirmation test,” “confirmed test,” or “confirmed drug test” means a second analytical procedure used to identify the presence of a specific drug or metabolite in a specimen, which test must be different in scientific principle from that of the initial test procedure and must be capable of providing requisite specificity, sensitivity and quantitative accuracy. All tests to confirm an initial positive result for drugs other than alcohol shall use a gas chromatography/mass spectrometry or equivalent method. All tests to confirm positive results for alcohol use a gas chromatography method.

         
         

      6. Drug Testing Methodology: Specimens for drug testing will be collected, handled, maintained and tested in accordance with the Florida Drug and Alcohol Free Workplace Program. Urine will be used for the initial and confirmation tests for all drugs except alcohol. For alcohol, an alcohol breath test will be used. The Port Authority has the discretion to request that a hair sample be utilized.

         
         

   7. Medical Review Officer: "Medical Review Officer" (MRO) means a licensed physician, employed or contracted with the Port Authority, who has knowledge of substance abuse disorders, laboratory testing procedures and chain of custody collection procedures; who verifies positive confirmed test results; and who has the necessary medical training to interpret and evaluate an employee’s positive test result in relation to the employee’s medical history or any other relevant biomedical information.

      
      

   8. Prescription or Non-Prescription Medication: means a drug or medication obtained pursuant to a prescription as defined by Section 893.02, Florida Statutes, or a medication that is authorized pursuant to federal or state law for general distribution and use without a prescription in the treatment of human diseases, ailments, or injuries.

      
      

   9. Reasonable Suspicion Drug Testing: means drug testing based on a belief that an employee is using or has used drugs in violation of this Policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. Among other things, such facts and inferences may be based upon:

      
      

      1. Observable phenomena while at work, such as direct observation of drug use or of the physical symptoms or manifestations of being under the influence of a drug;

         
         

      2. Abnormal conduct or erratic behavior while at work or a significant deterioration of work performance;

         
         

      3. A report of drug use, provided by a reliable and credible source, which has been independently corroborated;

      4. Evidence that an individual has tampered with a drug test during his or her employment with the Port Authority;

         
         

      5. Information that an employee has caused, contributed to, or been involved in an accident while at work; or,

         
         

      6. Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while working or while on the Port Authority's premises or while operating a vehicle, machinery, or equipment of the Port Authority.

         
         

   10. Random Drug Testing: a drug test chosen to be conducted based on a computer generated random sampling of employees within each group subject to random drug testing. All employees within a group subject to random drug testing shall have an equal chance of being selected each time selections are made.

       
       

   11. Safety-Sensitive Position: means a position, including a supervisory or managerial position, in which drug impairment constitutes an immediate and direct threat to public health or safety. This includes, but is not limited to, positions such as those that require the employee to carry a firearm, perform life-threatening procedures, work with confidential information or documents pertaining to criminal investigations, or work with controlled substances; a position subject to Section 110.1127, Florida Statutes; or a position in which a momentary lapse in attention could result in injury or death to another person. The Administration Department will determine which positions are safety-sensitive.

       
       

   12. Special-Risk Position: means a position that is required to be filled by a person who is certified under Sections 633 or 943, Florida Statutes, as amended.

       
       

   13. Specimen: means tissue, hair, or product of the human body capable of revealing the presence of drugs or their metabolites as approved the FDA or the AHCA.

       
       

5. INVESTIGATION

   
   

   1. To ensure that illegal drugs and alcohol do not enter or affect the workplace, the Port Authority reserves the right to search all vehicles, containers, lockers or other items on Port Manatee property in furtherance of this chapter. Individuals may be requested to display personal property for visual inspection upon the request of the Port Authority.

      
      

   2. Searches will be conducted only where the Port Authority has reason to believe that the employee has violated this substance abuse chapter.

      
      

   3. Failure to consent to a search or display personal property for visual inspection will be grounds for discharge or denial of access to Port Manatee.

   4. Searches of an employee's personal property will take place only in the employee's presence. Searches will be conducted by Port Security Director or his designee. All searches under this chapter will occur with the utmost discretion and consideration for the employee involved.

      
      

   5. Individuals may be required to empty their pockets, but under no circumstances will an employee be required to remove articles of clothing or be physically searched.

      
      

   6. The Port Authority will turn over all confiscated drugs to the proper law enforcement authorities and reserves the right to have the proper authorities arrest and prosecute employees. Further, the Port Authority reserves the right to cooperate with or enlist the services of proper law enforcement authorities in the course of any investigation.

      
      

6. ALCOHOL USE PROHIBITIONS

   
   

   1. The consumption of alcohol on Port Manatee property or while on duty is prohibited and will result in disciplinary action, up to and including discharge.

      
      

   2. Off-duty abuse of alcohol that adversely affects an employee's job performance or adversely affects or threatens to adversely affect other interests of the Port Authority is prohibited and may result in disciplinary action up to and including discharge.

      
      

   3. The personal possession (i.e., on the person or in a desk or locker) of alcohol on Port Manatee property or on duty will result in disciplinary action, up to and including discharge.

      
      

   4. The possession of alcohol in a personal vehicle or Port Authority-assigned vehicle on Port Manatee property is not prohibited provided such possession is in compliance with this chapter as well as federal, state and local laws.

      
      

   5. An employee who reports to work under the influence of alcohol is prohibited and may result in disciplinary action, up to and including discharge.

      
      

   6. For the purpose of this chapter, an employee is presumed to be under the influence of alcohol if a blood test or other scientifically acceptable testing procedure shows a forensically acceptable positive quantum proof of alcohol usage.

      
      

   7. An employee who is perceived to be under the influence of alcohol will be removed immediately from the workplace and may be evaluated by medical personnel, if reasonably available. The Port Authority will take further action (i.e., removal from service, referral to counseling and/or disciplinary action) based on medical information, work history and other relevant factors. The determination of what action is appropriate in each case rests solely with the Port Authority.

      
      

   8. Refusal to submit to, efforts to tamper with or failure to pass an alcohol test will result in disciplinary action, up to and including discharge.

      
      

   9. Employees arrested for any alcohol-related incident must immediately notify their supervisor as soon as possible, but in no event more than three (3) days after the arrest. Employees are required to notify their supervisor no later than three (3) days after any change in the status of any criminal charges. This includes notification of a conviction, a plea of guilty, an adjudication of guilty, a plea of nolo contendere, an adjudication withheld and acquittal or a dismissal of charges.

      
      

   10. The Port Authority may suspend employees without pay under this policy pending the results of an alcohol test or investigation.

       
       

7. DRUG OR ALCOHOL USE PROHIBITIONS

   
   

   1. The use, sale, purchase, possession, manufacture, distribution or dispensation of drugs or alcohol on Port Manatee property or during working time is cause for immediate discharge.

      
      

   2. It is also against policy of this chapter to report to work or work under the influence of drugs or alcohol. This includes prescription drugs that induce an unsafe mental or physical state. Employees who violate this policy are subject to disciplinary action, up to and including discharge.

      
      

   3. For the purpose of this chapter, an employee is presumed to be under the influence of drugs or alcohol if a urine test, blood test or other accepted testing procedure shows a forensically acceptable positive quantum of proof of drug usage.

      
      

   4. Prescription drugs may also affect the safety of the employee or fellow employees or members of the public. Therefore, any employee who is taking any prescription drug that might impair safety, performance or any motor functions must advise his supervisor before reporting to work under such medication. A failure to do so may result in disciplinary action. If the Port Authority determines that such use does not pose a safety risk, the employee will be permitted to work. If such use impairs the employee's ability to safely or effectively perform his or her job, the Port Authority may temporarily reassign the employee or grant a leave of absence during the period of treatment. Improper use of "prescription drugs" is prohibited and may result in disciplinary action. Prescription medication must be kept in its original container if such medication is taken during working hours or on Port Manatee.

      
      

   5. Refusal to submit to or efforts to tamper with a drug or alcohol test will result in discharge.

      
      

   6. Employees arrested for any drug-related incident must immediately notify their supervisor as soon as possible, but in no event more than three (3) days after the

      arrest. Employees are required to notify their supervisor no later than three (3) days after any change in the status of any criminal charges. This includes notification of a conviction, a plea of guilty, an adjudication of guilty, a plea of nolo contendere, an adjudication withheld and acquittal or a dismissal of charges.

      
      

   7. The Port Authority will suspend employees without pay under this policy pending the results of a reasonable suspicion drug test or investigation.

      
      

8. TESTING

   
   

   1. Testing of Applicants

      
      

      1. All applicants considered final candidates for safety-sensitive or special risk positions will be tested for the presence of illegal drugs as a part of the hiring process. Applicants will be provided with a conditional offer of employment that is contingent on the applicant’s successful completion of a drug and/or alcohol test.

         
         

      2. Certain other positions may require drug and/or alcohol screening as part of the initial hiring process pursuant to federal law or regulation.

         
         

      3. Any job applicant for a safety-sensitive or special risk position who refuses to submit to drug testing, refuses to sign the consent form (Exhibit F), fails to appear for testing, tampers with the test or fails to pass the pre- employment drug test will be ineligible for hire.

         
         

      4. The Port Authority will not discriminate against an applicant for employment because of the applicant’s past addiction to drugs or alcohol. It is the current use/abuse of drugs or alcohol that will not be tolerated.

         
         

   2. Employee Drug and Alcohol Testing, Including Reasonable Suspicion Testing

      
      

      1. Employees must submit to a drug or alcohol test if reasonable suspicion exists to indicate that their ability to perform work safely or effectively may be impaired. Refer to Exhibit G. Reasonable Suspicion is defined in Section IV above.

         
         

      2. If a supervisor believes reasonable suspicion exists, the supervisor should report his or her findings and observations to the department head. Refer to Exhibit H for procedures. Factors which substantiate cause to test should be documented by the supervisor on the Drug and Alcohol Test Direction Form (Exhibit I). The employee will be asked to submit to a drug test and sign a form acknowledging his or her consent (Exhibit J). The supervisor will also prepare a Substance Abuse Investigation Report explaining what occurred

         after the employee was given direction to submit to a drug and/or alcohol test (Exhibit K).

         
         

      3. All employees will be required to submit to drug testing after an accident or occupational injury to an employee which requires medical treatment occurring while at work which was caused by, contributed to or involved an employee. If a Port Authority vehicle is involved in an accident and it cannot be determined who was driving the vehicle at the time of the accident, then anyone who was driving the vehicle during the applicable time period will be required to submit to testing. Employees involved in an accident must not use alcohol for eight (8) hours following an accident or until a post-accident test is conducted, whichever comes first.

         
         

      4. An employee who tests positive on a confirmation test will be subject to discipline, up to and including termination.

         
         

      5. Refusal of a Treatment Program: If the employee is offered an opportunity to enter into a treatment program and refuses to do so, the employee will be immediately terminated.

         
         

      6. Treatment Program Requirements: Employees who have been provided with an opportunity to enter a treatment and/or rehabilitation program must meet all requirements of that program including any required after-care. Failure to follow or complete the treatment and/or rehabilitation program or a subsequent positive confirmed drug test will result in immediate termination. After-care testing will be required. The timing and frequency of such testing will be at the discretion of the Port Authority.

         
         

   3. Random Testing

      
      

      1. Employees in safety-sensitive and special risk positions are subject to random drug testing. Certain other employees may be required to subject to random testing pursuant to federal law or regulation.

         
         

      2. Selection of employees for random testing will be conducted through the use of random number generator or other neutral selection process. It is within the discretion of the Port Authority to decide when and how often random drug tests will be conducted.

         
         

      3. When an employee is selected for random testing, both the employee and the employee's supervisor will be notified on the day the test is scheduled to occur.

         
         

      4. Testing may be postponed only when an employee's supervisor agrees that there is a compelling need for deferral (i.e., the employee is out on leave or is on travel).

         
         

      5. An employee whose random drug test is deferred will be subject to an unannounced test within sixty (60) days.

         
         

      6. The Forms relating to Random Testing are included as Exhibits L and M to this Policy.

         
         

   4. Refusal to Test

      
      

      Employees who refuse to submit to a drug test may forfeit their eligibility for all workers' compensation medical and indemnity benefits and will be terminated from employment or otherwise disciplined as provided in this policy.

      
      

9. TESTING PROCEDURE

   
   

   1. The Port Authority may test for any or all of the following drugs:

      
      

      • Alcohol (booze, drink, distilled spirits, wine, malt beverages, beer, intoxicating liquors, alcoholic beverages, etc.).

      • Amphetamines (Binhetamine, Desoxyn, Dexedrine)

      • Cannabinoids (marijuana, hashish, hash, hash oil, pot, joint, roach, spleaf, grass, weed, reefer)

      • Cocaine (coke, blow, nose candy, snow, flake, crack)

      • Phencyclidine (PCP, angel dust, hog)

      • Methaqualone

      • Opiates (opium, dover's powder, paregoric, parepectolin)

      • Barbiturates (Phenobarbital, Tuinal, Amytal)

      • Benzodiazepines (Ativan, Azene, Klonopin, Dalmane, diazepam, Halcion, Librium, Posipam, Restoril, Serax, Tranxene, Valium, Vertron, Xanax)

      • Methadone (Dolophine, Methadose)

      • Propoxyphene (Darvocet, Darvon N, Dolene)

      • Metabolites of any substances listed above

      • Hallucinogens

      • Any other abused substances as added by federal or Florida law.

      
      

      A list of drugs by common names is attached at Exhibit N.

      
      

   2. Drug Cut-off Levels for Initial Drug Test and Confirmation Test.

      
      

      1. Initial Drug Test:

         
         

         All levels equal to or exceeding the following for urine specimens shall be considered to be presumptively positive and submitted for confirmation testing:

         
         

         Alcohol 0.04 g/dL%

         Amphetamines 1,000 ng/mL Cannabinoids (Marijuana) 50 ng/mL Cocaine 300 ng/mL

         Phencyclidine 25 ng/mL

         Methaqualone 300 ng/mL

         Opioids 2000 ng/mL

         Barbiturates 300 ng/mL

         Benzodiazepines 300 ng/mL

         Methadone 300 ng/mL

         Propoxyphene 300 ng/mL

         
         

         All levels equal to or exceeding the following for hair specimens shall be considered presumptively positive on initial screening and submitted for confirmation testing:

         
         

         Amphetamines 5 ng/10mg of hair Cannabinoids (Marijuana) 10 ng/10mg of hair Cocaine 5 ng/10mg of hair

         Phencyclidine 3 ng/10mg of hair Opiate/Synthetic Narcotics

         And metabolites 5 ng/10mg of hair

         
         

      2. Confirmation Drug Test:

         
         

         All levels for urine specimens which are equal to or exceeding the following shall be reported as positive:

         Alcohol 0.04g/dL%2

         Amphetamines 500 ng/mL Cannabinoids (Marijuana) 15 ng/mL Cocaine 150 ng/mL

         Phencyclidine 25 ng/mL

         Methaqualone 150 ng/mL Opioids (codeine, morphine) 2000 ng/mL Barbiturates 150 ng/mL

         Benzodiazepines 150 ng/mL

         Methadone 150 ng/mL

         Propoxyphene 150 ng/mL

         
         

         All levels for hair specimens which are equal to or exceeding the following shall be reported as positive:

         
         

         Amphetamines 5 ng/10mg of hair Cannabinoids (Marijuana) 1 pg/10mg of hair Cocaine 5 ng/10mg of hair

         Phencyclidine 3 ng/10mg of hair Opiate/Synthetic Narcotics

         And metabolites 5 ng/10mg of hair

         NOTE: The types of testing as well as the levels on initial and confirmation testing may change pursuant to federal or state law or regulations. Further, the minimal levels for drugs and alcohol reported to the Port Authority may be different for employees subject to federal drug testing regulations. The Port Authority intends that its policy be in accordance with applicable laws at all times.

         
         

   3. Because of the potential adverse consequences of positive test results on employees, the Port Authority will employ a very accurate testing program. Urine and blood samples will be analyzed by a highly qualified independent laboratory which has been selected by the Port Authority and approved by the Agency for Health Care Administration or the U.S. Department Health and Human Services.

      
      

   4. Applicants and employees will be given an opportunity prior to and after testing to provide any information which they consider relevant to the test including listing all drugs they have taken recently, listing prescribed drugs and explaining the circumstances of the use of these drugs in writing or other relevant medical information. This medical information is confidential. The applicants and employees will also be provided with a notice of the most common medication by brand name or common name, as well as the chemical name which may alter or affect a drug test. Finally, applicants and employees will receive a summary of this policy and a list of local employee assistance programs and local drug rehabilitation programs.

      
      

   5. An employee injured at the workplace and required to be tested will be taken to a medical facility for immediate treatment of injuries. If the injured employee is not at a designated collection site, the employee will be transported to one as soon as it is medically feasible and specimens will be obtained. If it is not medically feasible to move the injured employee, specimens will be obtained at the treating facility under the procedures set forth in this policy and transported to an approved testing laboratory.

      
      

   6. No specimens will be taken prior to the administration of emergency medical care. Once this condition has been satisfied, an injured employee must release to the Port Authority the results of any tests conducted during treatment for the purpose of showing the presence of alcohol or drugs.

      
      

   7. Body Specimens

      
      

      Urine will be used for the initial test for all drugs except alcohol and for the confirmation of all drugs except alcohol. Blood will be used as both the initial and confirmation test for alcohol. The physician will have the discretion to determine whether drawing a blood sample will threaten the health of the injured employee or if the employee has a medical condition unrelated to the accident which may preclude the drawing of the necessary quantity of blood for a testing specimen. Under these circumstances, no inference or presumption of intoxication or

      impairment will be made. The Port Authority retains the discretion to use hair samples to test for the presence of drugs.

      
      

   8. Cost of Testing

      
      

      The Port Authority will pay the cost of initial and confirmation drug tests, which it requires for employees and job applicants. An employee or job applicant will pay the cost of any additional drug tests not required by the Port Authority

      
      

   9. Collection Site

      
      

      1. The Port Authority will utilize a collection site designated by an approved laboratory which has all necessary personnel, materials, equipment, facilities and supervision to provide for the collection, security, chain-of- custody procedures, temporary storage and shipping or transportation of urine and blood specimens to an approved drug testing laboratory. The Port Authority may also utilize a medical facility or certified collection agency as a collection site that meets the applicable requirements.

      2. Security of the collection site, chain of custody procedures, privacy of the individual, collection control, integrity and identity of the specimen and transportation of the specimen to the laboratory will meet state and federal rules and guidelines.

         
         

10. CHALLENGE OF TEST RESULTS UNDER FLORIDA LAW

    
    

    1. An employee or a job applicant who receives a positive confirmed test result may submit information to the Medical Review Officer ("MRO") contesting or explaining the results in writing within five (5) working days of receipt of notification of a positive confirmed test result.

       
       

    2. If the explanation or challenge of the employee or job applicant is unsatisfactory to the MRO, the MRO shall report a positive result back to the Port Authority.

       
       

    3. Within five (5) working days after receiving notice of a positive confirmed test result from the MRO, the Port Authority shall inform the employee or job applicant in writing of the positive test result, the consequences of such results, and the options available to the employee or job applicant. Upon request, the Port Authority shall provide a copy of the test result to the employee or job applicant.

       
       

    4. Within five (5) working days after receiving notice of a positive confirmed test result from the Port Authority, the employee or job applicant may submit information to the Port Authority explaining or contesting the test result, and explaining why the result does not constitute a violation of the Port’s policy.

    5. If the explanation or challenge of the employee or job applicant is unsatisfactory to the Port Authority, the Port shall provide a written explanation (within fifteen

       (15) days of receipt) as to why the employee or job applicant's explanation is unsatisfactory, along with a copy of the report of positive confirmed test results.

       
       

    6. An employee may further challenge the results of the test in a court of competent jurisdiction or, if the drug test was administered due to a workplace injury, by filing a claim for benefits with a Judge of Compensation Claims, pursuant to Chapter 440, Florida Statutes.

       
       

    7. If an employee or job applicant contests the drug test results, he or she will be solely responsible for notifying the laboratory and the Port Authority in writing by certified mail. The notice must include reference to the chain of custody specimen identification number.

       
       

    8. An employee or a job applicant who receives a positive, confirmed test result may, at the employee's or job applicant's expense, obtain a retest of a portion of the original specimen at another licensed and approved laboratory selected by the employee or job applicant, within one hundred eighty (180) days of the notice of the positive test result.

       
       

    9. An employee or job applicant has the responsibility of notifying the drug testing laboratory of any administrative or civil action brought pursuant to Chapter 440, Florida Statutes. The test laboratory will preserve specimens of confirmed positive results for at least two hundred ten (210) days after the result was mailed to the MRO. If timely notified of such action, the testing laboratory will maintain the sample until the case or administrative appeal is resolved.

       
       

11. CONFIDENTIALITY AND RECORDS MAINTENANCE

    
    

    1. Confidentiality of records concerning drug testing pursuant to the Drug and Alcohol Free Workplace Policy will be maintained in accordance with Florida law. All information, records, drug test results in the possession of the Port Authority, laboratories, employee assistance programs and drug and alcohol rehabilitation programs will be kept confidential. No such information or records will be released unless written consent, signed by an employee or job applicant, is provided or unless disclosure of such information or records is compelled by an administrative law judge, hearing officer, or court of competent jurisdiction. The Port Authority may also disclose such information when relevant to its defense in any civil, disciplinary or administrative hearing. The Port Authority will maintain records concerning drug testing separate and apart from a job applicant or employee's personnel file.

       
       

    2. Information on drug testing results will not be released in any criminal proceeding unless order by a court of competent jurisdiction.

12. MEDICAL REVIEW OFFICER’S RESPONSIBILITIES FOR TESTING UNDER FLORIDA LAW

    
    

    1. The MRO shall fully comply with all of the requirements set forth in applicable Rules set forth in the Florida Administrative Code. The MRO shall be a licensed physician, under contract with the Port Authority, who has knowledge of substance abuse disorders, laboratory testing procedures, chain of custody collection procedures, and medical use of prescription drugs and pharmacology and toxicology of illicit drugs.

       
       

    2. The MRO shall review and verify drug test results prior to the transmittal of the test results, either positive or negative, to the Port Authority. The MRO shall evaluate the drug test result(s), verify the chain of custody forms and ensure that the donor's identification number on the laboratory report and the chain of custody form accurately identifies the individual.

       
       

    3. If the test results reported are negative, the MRO shall notify the Port Authority of the negative test result and submit the appropriate documentation to the ACHA.

       
       

    4. If the test results reported are positive, the MRO shall notify the employee or job applicant of a confirmed positive test result within three (3) days of receipt of the test result from the laboratory and inquire as to whether prescriptive or over-the- counter medications could have caused the positive test result. Within five (5) days after receiving written notification of the positive test result, the employee or job applicant may contest or explain the result to the MRO. If the employee or job applicant's explanation or challenge is unsatisfactory to the MRO, the MRO will report a positive test result back to the Port Authority.

       
       

    5. Upon contacting an employee or job applicant who has received a positive test result, the MRO shall properly identify the donor, inform the donor that the MRO is an agent of the Port Authority whose responsibility is to make a determination on test results and report them to the Port Authority, and inform the donor that medical information revealed during the MRO's inquiry will be kept confidential, unless the donor is in a safety sensitive position and the MRO believes that such information is related to the safety of the donor or to the other employees.

       
       

    6. Additionally, the MRO shall outline the rights and procedures for a retest of the original specimen for the donor and process any employee's or job applicant's request for retest of the original specimen within one hundred eighty (180) days of notice of the positive test result in another licensed laboratory selected by the employee or job applicant. The employee or job applicant who requests the additional test shall be required to pay for the cost of the retest, including handling and shipping expenses. The MRO shall contact the original testing laboratory to initiate the retest.

    7. Upon receipt of information and/or documentation from the employee or job applicant, the MRO shall review any medical records provided, authorized and/or released by the individual's physician, to determine if the positive test result was caused by a legally prescribed medication. If the donor does not have prescribed medication, the MRO shall inquire about over-the-counter medications which could have caused the positive test result. The donor shall be responsible for providing all necessary documentation (i.e., a doctor's report, signed prescription, etc.) within the five (5) day period after notification of the positive test result.

       
       

    8. If the MRO determines that there is a legitimate medical explanation for the positive test result, the MRO shall report a negative test result to the Port Authority. However, should the MRO feel that the legal use of the drug would endanger the individual or others, then the MRO shall report that the test is negative due to a validated prescription and shall request that the individual be placed in a position which would not threaten the safety of the individual or others.

       
       

    9. If the MRO has any question as to the accuracy or validity of a test result or has a concern regarding the scientific reliability of the sample, the MRO may request the individual to provide another sample. As a safeguard to employees and job applicants, once an MRO verifies a positive test result, the MRO may change the verification of the result if the donor presents information which documents that a serious illness, injury, or other circumstances that unavoidably prevented the donor from contacting the MRO within the specified time frame and if the donor presents information concerning a legitimate explanation for the positive test result.

       
       

    10. If the MRO is unable to contact a positively tested donor within three (3) days of receipt of the test results from the laboratory, the MRO shall contact the Port Authority and request that the Port Authority direct the donor to contact the MRO as soon as possible. If the MRO has not been contacted by the donor within two (2) days from the request of the Port Authority, the MRO shall verify the report as positive.

        
        

    11. If the donor refuses to talk with the MRO regarding a positive test result, the MRO shall validate the result as a positive and annotate such refusal in the remarks section. If the donor voluntarily admits to the use of the drug in question without a proper prescription, the MRO shall advise the donor that a verified positive test result will be sent to the Port Authority.

        
        

    12. The MRO shall notify the Port Authority in writing of the verified test result, either negative, positive, or unsatisfactory and appropriately file chain of custody forms to the Port Authority and submit the proper forms to the ACHA.

13. REHABILITATION PROCEDURES

    
    

    1. An employee who is experiencing problems as a result of drug and/or alcohol abuse should contact the Administration Department for treatment and/or counseling. This discussion will be kept confidential. Such employee will be subject to testing to verify recovery from substance abuse pursuant to the Policy requirements and failure to take or pass a drug test will result in termination of employment. Where an employee voluntarily enters a treatment program before disciplinary action is initiated, the Port Authority, in its sole discretion, may elect to waive follow-up drug testing. If follow-up drug testing is required it must be conducted on a periodic basis, at least quarterly, for a two-year period after completion of the program. Advance notice of a follow-up testing date to the employee to be tested is strictly prohibited.

       
       

    2. An employee in a safety-sensitive position who enters a substance abuse rehabilitation program will be assigned to another position or, if such a position is not available, will be placed on leave while the employee is participating in the program. The employee shall be permitted to use any accumulated leave credits before leave will be ordered without pay.

       
       

    3. An employee in a special-risk position is subject to discipline or discharge for the first positive confirmed test result if the drug confirmed is an illicit drug under Section 893.03, Florida Statutes. A special-risk employee who is participating in an employee assistance program or drug rehabilitation program may not be allowed to continue to work in any safety-sensitive or special-risk position, but may be assigned to another position, or placed on leave while the employee is participating in the program. The employee shall be permitted to use any accumulated annual leave credits before leave will be ordered without pay.

       
       

14. EMPLOYEE EDUCATION AND REFERRAL

    
    

    1. It is the responsibility of each employee to seek assistance before drugs and alcohol use or abuse leads to disciplinary problems. Employees who may require assistance for substance dependency and related programs are encouraged to seek assistance and information from the Administration Department.

       
       

    2. Once a violation of this Policy occurs, subsequent use of a counseling or rehabilitation program on a voluntary basis will not affect the determination of appropriate disciplinary action.

       
       

    3. An employee's decision to seek assistance or referral from the Administration Department prior to any incident warranting disciplinary action will not be used as the basis for disciplinary action or in any disciplinary proceeding.

       
       

    4. Upon successful completion of a drug treatment program an employee may be released to resume work but, except as provided in Section XIII above, will be

       subject to follow-up drug testing on a periodic basis, at least quarterly, for a two- year period as a condition of continued employment.

       
       

    5. An individual's participation in an alcohol or drug treatment program will not be made part of any personnel records and will remain confidential except to the extent necessary to comply with this Policy and to the extent permitted by law. Medical and insurance records, if any, will be preserved in the same confidential manner as all other medical records. Program participation records will be maintained by the Administration Department.

       
       

15. MANAGEMENT'S RESPONSIBILITIES

    
    

    1. The Port Authority Officials, Managers, and supervisors (hereafter collectively referred to as "supervisors") are responsible for implementing the Drug and Alcohol Free Workplace Policy. It is the responsibility of supervisors to observe the behavior of employees on the job as a precaution against unstable or unreliable behavior which could threaten the safety and well-being of employees or the public.

       
       

    2. Supervisors are responsible for maintaining a safe work environment by determining each employee's fitness for duty.

       
       

    3. In the event a supervisor has a reasonable suspicion (as defined in this policy) that an employee may be affected by drugs or alcohol or has otherwise violated this Policy, the employee will be sent for drug testing. A form for reporting the reason(s) for drug testing is attached and should be completed as soon as practicable following the incident or observations giving rise to such reasonable suspicion. Where reasonable suspicion is based upon observed irregular behavior, two supervisors will confirm the suspicious behavior.

       
       

    4. Employees sent for drug or alcohol testing must be transported by a supervisor, or another employee, to and from the testing facility. In no instance shall an employee suspected of being under the influence of drugs or alcohol be permitted to operate a vehicle, whether Port Authority owned or personal.

       
       

    5. In all cases when an employee is being removed from duty for drug testing, the supervisor should notify his superior at the earliest possible time.

       
       

16. EMPLOYEE RESPONSIBILITIES

    
    

    1. It is each employee's responsibility to be fit for duty when reporting for work and to inform his or her supervisor if he or she is under the influence of medication, whether prescription or non-prescription medication, which may affect job performance or safety.

    2. In the event an employee observes behavior which raises a doubt as to the ability of a co-worker to work in a safe and reliable manner, the employee should report this behavior to his/her supervisor.

       
       

    3. Employees who voluntarily or, as a condition of continued employment, enter a drug or alcohol treatment and/or rehabilitation program must participate and complete recommended treatment. Any employee who enters a drug or alcohol treatment and/or rehabilitation program will be responsible for payment for the treatment and/or program to the extent not covered by medical insurance provided by the Port Authority. If the employee fails to comply with the treatment and/or the program, the employee will be subject to discipline, up to and including termination.

       
       

17. AWARENESS AND EDUCATION

    
    

    1. The Port Authority’s Drug and Alcohol Free Workplace Awareness and Education Program is designed to help achieve the Port’s goal of maintaining a drug-free workplace. The Administration Department will establish an awareness and education program, which will include the following elements:

       
       

       1. Ongoing communications to Port employees through educational and informational materials advising about the dangers of drug and alcohol abuse.

          
          

       2. Display and distribution to Port employees of the Port’s Drug-Free Workplace Policy and telephone number for employee assistance concerning drug and alcohol abuse.

          
          

       3. Annual distribution to Port management and supervisory personnel of Exhibit G Problem Indicators for Supervisors.

          
          

       4. Notice of drug-testing requirements on all job vacancy announcements.

          
          

       5. Copies of drug testing policy available for inspection by employees and job applicants.

          
          

18. CONCLUSION

This Policy has been prepared so as not to conflict with public policy and, further, not to be discriminatory or abusive. A drug and alcohol free workplace should be the goal of every employer in America. Drug and alcohol testing is only one of the several steps that must be taken to achieve this objective. When incorporated into a comprehensive anti-drug effort, testing can go a long way in combating drug and alcohol abuse in the workplace.

This Policy supersedes any information provided to applicants and/or employees, either written or oral. The Port Authority reserves the right to change the provisions of this Policy and its testing program at any time in the future. There may be certain employees that are governed by federal laws and regulations. To the extent that the

federal laws and regulations conflict with this Policy or require stricter testing guidelines, the federal laws and regulations will supersede this Policy.

EXHIBIT A

DRUG-FREE WORKPLACE POLICY NOTICE

The Port Authority conducts its business with the highest possible degree of safety and efficiency. Because of this, the Port Authority implemented its Drug-Free Workplace Policy on May 17, 2001. The Port Authority updated its policy on , and has renamed the policy the Drug and Alcohol Free Workplace Policy.

It will be a condition of employment for employees to refrain from reporting to work or working with the presence of drugs or alcohol in his or her body.

Any employee who is taking any prescription drug that might impair safety, performance or any motor functions must advise his supervisor before reporting to work under such medication.

This notice will be posted on the bulletin board. The full policy is available from the Administration Department.

EXHIBIT B

DRUG AND ALCOHOL FREE WORKPLACE POLICY SUMMARY

In a commitment to safeguard the health of Port Authority employees and to provide a safe working environment for everyone, a Drug and Alcohol Free Workplace Policy has been established. Under this policy, it is a condition for employment to refrain from reporting to or working with the presence of drugs or alcohol in an employee’s body.

Essential parts of this policy are:

1. The Port Authority prohibits the illegal use, possession, sale, manufacture or distribution of drugs or other controlled substances on its property. It is also against their policy to report to work or to work under the influence of drugs or alcohol. Any employee who is taking prescription drugs, which might impair safety performance or any motor functions, must advise his or her supervisor before reporting to work under such medication.

   
   

2. Drug Testing of Applicants:

   
   

   1. Applicants for safety-sensitive or special risk positions will be tested for the presence of drugs as part of the application process. Federal law or regulation may require the testing of applicants for other positions.

      
      

   2. Applicants will sign a consent form. If an applicant refuses, he or she will not be considered for employment.

      
      

3. Testing of Employees:

   
   

   1. Reasonable suspicion testing applies when there is a reasonable suspicion that an employee is using or has been using drugs or alcohol.

      
      

   2. Random testing on a routine basis for employees in safety-sensitive or special risk positions or positions where random testing is required by federal law.

      
      

   3. Post accident or post occupational injury testing of employees is required. Accident or injury testing for all reportable vehicle accidents involving port vehicles or equipment, other accidents involving injury which requires a report to the Division of Worker’s Compensation, or a third party injury requiring medical treatment. Failure to report an accident or injury will result in disciplinary action including termination.

      
      

4. Alcohol and Drug Use Prohibitions:

   
   

   1. The use, sale, purchase, possession, distribution or dispensing of drugs on duty or on Port Manatee is cause for immediate discharge.

      
      

   2. It is against the Port Authority’s policy to report to work or work under the influence of alcohol or drugs. This includes prescription drugs, which induce an unsafe mental or physical state. Employees who violate this policy are subject to discipline or discharge.

      
      

   3. For the purpose of this policy an individual is presumed to be under the influence of alcohol or drugs if a confirmed test is positive.

      
      

   4. The Port Authority may suspend employees without pay under this policy pending the results of a drug test or investigation.

      
      

5. All information, interviews, reports, statements and drug tests received on an employee as part of this drug testing program is confidential and will not be released unless authorized by state laws.

   
   

6. A drug use information form may be filled out before testing to list all prescription and non- prescription drugs used unless unable to do so as a result of an injury.

   
   

7. Prior to testing, an employee may be given a list of medications that may alter the test.

   
   

8. Any employee refusing to submit to a drug test will be terminated and may forfeit his eligibility for Workers' Compensation Benefits.

   
   

9. A list of assistance and rehabilitation programs will be provided on request.

   
   

10. A job applicant or employee may contest a positive confirmed drug test within five days of notification.

    
    

11. A job applicant or employee has the responsibility of notifying the testing laboratory and the Port Authority of any administrative or civil action.

    
    

12. List of drugs that may be tested for:

    
    

    Alcohol (wine, brandy, malt, liquor, beer); Amphetamines (Binhetamine, Desoryn, Dexedrine);

    Cannabenoids (marijuana, hashish, hash, pot, joint, roach, spleaf, grass, weed, reefer); Cocaine (coke, blow, nose candy, snow, flake, crack);

    Phencyclidine (PCP, angel dust, hog);

    Methaqualone – opiates (opium, Dover’s powder, paregoin, parrepectolin); Barbiturates (Phenobarbital, Tuinal, Amytal);

    Benzodiazophines (Ativan, Azene, Klonopin, Dalmane, Dazepane, Halcion, Librium, Poxipane, Restoil, Serax, Traphene, Valium, Verlion, Xanax);

    Methadone (Colophine, Methadose); Propoxyphene (Darvocet, Darvon, Dolene); Metabolites of any substance listed above;

    Hallucinogens;

    Any other abused substances as added by federal or Florida law.

    
    

13. Applicants and employees have the right to confidentially consult with testing lab regarding prescription and non-prescription medication.

    
    

14. Drug cut-off levels for initial and confirmation testing are set forth in the Policy.

    
    

15. To ensure that drugs and alcohol do not enter or affect the workplace, the Port Authority reserves the right to search (only with probable cause) all vehicles, containers, lockers or other items on Port Manatee in furtherance of this chapter. Individuals may be requested to display personal property for visual inspection.

    
    

16. Failure to consent to search or display will be grounds for termination or reason for denial of access to Port Manatee.

    
    

17. Searches of employee’s personal property will take place only in employee’s presence.

    
    

18. The contents of these drug and alcohol guidelines are presented as statements of the Port Authority’s current policy and may be changed and updated by the Port Authority.

    
    

19. Employees, as a condition of employment, are required to abide by these guidelines.

    
    

20. The Policy sets forth the process for challenges to drug and alcohol test results as well as the responsibilities of the Medical Review Officer.

    
    

21. The Policy also sets forth provisions for rehabilitation procedures.

    
    

22. The Policy explains the responsibilities of management and employees and educational provisions.

EXHIBIT C

DRUG USE INFORMATION

Below is a list of over-the-counter and prescription drugs that could alter or affect a test result. Due to the large number of obscure brand names and the constant marketing of new products, this list cannot and is not intended to be all-inclusive. Check this list against medications that you have taken within the last thirty (30) days. If your test result is positive, a Medical Review Officer (MRO) will contact you and discuss possible prescriptions and over-the-counter medications which may have affected the result. This is confidential information and should be shared only with the Medical Review Officer.

OVER-THE-COUNTER AND PRESCRIPTION DRUGS THAT MAY ALTER OR AFFECT THE OUTCOME OF A DRUG TEST

1. ALCOHOL

   All liquid medications containing ethyl alcohol (ethanol). Please read the label for alcohol content. As an example, Vick's Nyquil is 25% (50 proof) ethyl alcohol, Comtrex is 20% (40 proof), Contact Severe Cold Formula Night Strength is 25% (50 proof) and Listerine is 26.9% (54 proof).

   
   

2. AMPHETAMINES

   Obetrol, Biphetamine, Desoxyn, Dexedrine, Didrex

   
   

3. CANNABINIODS

   Marinol (Dronabinol. THC)

   
   

4. COCAINE

   Cocaine HCI topical solution (Roxanne)

   
   

5. PHENCYCLIDINE

   Not legal by prescription

   
   

6. METHAQUALONE Not legal by prescription

   
   

7. OPIATES

   Paregoric, Parepectolin, Donnagel PG, Morphine, Tylenol with codeine, Empirin with Codeine, APAP with Codeine, Aspirin with Codeine, Robitussin AC, Guiatuss AC, Novahistine DH, Novahistine Expectorant, Dilaudid (Mydromorphone), M-S Contin and Roxanol (morphine sulfate), Percodan, Vicodin, etc.

   
   

8. BARBITURATES

   Phenobarbital, Tuinal, amytal, Nembutal, Seconal, Lotusate, Fiomal, Fioricet, Esgic, Butisol, Mebaral, Butabarbital, Butabital, Phrenilin, Triad, etc.

9. BENZODIAZEPINES

   Ativan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tranxene, Valium, Verstran, Halcion, Paxipam, Restoril, Centrax

   
   

10. METHADONE Dolophine, Methadose

    
    

11. PROPOSYPHENE

    Davocet, Darvon N, Dolene, etc.

    
    

    LIST PRESCRIPTION DRUGS TAKEN WITHIN THE PAST 30 DAYS OR OTHER RELEVANT MEDICAL INFORMATION. THIS IS FOR YOUR USE ONLY AT THIS TIME AND TO BE PROVIDED TO THE MRO, IF NECESSARY.

    
    

    

    
    

    

    
    

    

    
    

    

    
    

    

    EXHIBIT D

    
    

    EMPLOYEE ASSISTANCE PROGRAM (EAP)

    
    

    1. The Port Authority regards its employees as its most important asset. Accordingly, Port Authority maintains an EAP that provides help to employees who suffer from alcohol or drug abuse and other personal or emotional problems. Employees with such problems should seek confidential assistance from the EAP or other community resources before drug or alcohol problems lead to disciplinary action.

       
       

    2. Information about a self-referred employee's contact with the EAP is confidential and will not be disseminated without the employee's permission. Further, an employee is not subject to discipline solely as a result of a self-referral for treatment.

       
       

    3. However, use of the EAP or other community resources will not shield the employee from appropriate disciplinary action for future violations of this Employer's substance abuse policy, if such violations come to this Employer's attention through other means such as reports from employees or outsiders, direct observation, testing, etc.

       
       

    4. Employees referred to the EAP as a result of a violation of this chapter may continue their employment with the Port Authority provided:

       
       

       1. They contact the EAP and strictly adhere to all the terms of treatment and counseling prescribed by the EAP.

          
          

       2. Immediately cease any and all use of alcohol and/or drugs; and

          
          

       3. Consent in writing to periodic unannounced testing for a period of up to 2 years after returning to work, or completion of any rehabilitation program, whichever is later.

          
          

    5. In keeping with the Port Authority’s need for safety and security, the Administration Department will determine whether the Port Authority should grant a leave of absence or reassign an employee following a positive test, or during the period of evaluation, treatment or counseling.

       
       

    6. Participation in any evaluation, treatment or counseling program will be at the employee's expense unless the employee is entitled to such benefits under the terms of the Port Authority group health plan or by other available benefits. Time lost from work for such a program will be without pay.

       
       

    7. This EAP meets the requirements of Section 440.102, Florida Statutes. The EAP is a program capable of providing expert assessment of employee's personal concerns; confidential and timely identification services with regard to employee

drug abuse; referrals of employees for appropriate diagnosis, treatment and assistance; and follow-up services for employees who participate in the program or require monitoring after returning to work. Whenever this Employer's EAP provides diagnostic or treatment services, these services shall in all cases be provided by service providers pursuant to Section 397.311, Florida Statutes. Names, addresses, and telephone numbers of employee assistance programs and local drug rehabilitation programs are available from the Aetna provider website

NOTE: THE PORT AUTHORITY DOES NOT RECOMMEND OR ENDORSE ANY OF THE PROGRAMS LISTED ON AETNA PROVIDER’S WEBSITE. THIS LIST IS PROVIDED FOR YOUR INFORMATION

EXHIBIT E

DRUG AND ALCOHOLFREE WORKPLACE POLICY EMPLOYEE ACKNOWLEDGMENT OF RECEIPT AND UNDERSTANDING

I hereby acknowledge that I have received and read a summary of the Port Authority’s Drug and Alcohol Free Workplace Policy and Work Rules (“Policy”), a summary of the drugs which may alter or affect a drug test and a list of local Employee Assistance Programs and drug and alcohol treatment programs. I have had an opportunity to have all aspects of this material fully explained. I understand that the full text of the Policy is available upon request. I also understand that I must abide by the policy as a condition of employment and any violation may result in disciplinary action up to and including discharge.

Further, I understand that during my employment I may be required to submit to testing for the presence of drugs or alcohol. I understand that submission to such testing is a condition of employment, and disciplinary action up to and including discharge may result if: 1) I refuse to consent to such testing, 2) I refuse to execute all forms of consent and release of liability as are usually and reasonably attendant to such examinations, 3) I refuse to authorize release of the test results to the Port Authority, or 4) I otherwise violate the policy. If I am injured in the course and scope of my employment and test positive, I may forfeit my eligibility for medical and indemnity benefits under the Workers' Compensation Act upon exhaustion of the remedies provided in Florida Statute 440.102(5).

I ALSO UNDERSTAND THAT THE POLICY AND RELATED DOCUMENTS ARE NOT INTENDED TO CONSTITUTE A CONTRACT BETWEEN THIS EMPLOYER AND ME.

THE UNDERSIGNED FURTHER STATES THAT HE OR SHE HAS READ THE FOREGOING ACKNOWLEDGMENT AND KNOW THE CONTENTS THEREOF AND SIGNS THE SAME OF HIS OR HER OWN FREE WILL.

Signature Date

Witness Date

EXHIBIT F

APPLICANT DRUG AND/OR ALCOHOL TESTINGCONSENT AGREEMENT

I understand that I am applying for a safety-sensitive position or special risk position with the Port Authority or a position that requires drug and/or alcohol testing as part of the hiring process pursuant to federal law or regulation. As a prerequisite to employment, I hereby agree to allow the Port Authority to collect urine samples from me to determine the presence of illegal drugs in my body. Further, I give my consent to the release of my test results to the Port Authority for appropriate review, and authorize the Port Authority to use the test results as a defense to any legal action to which I am a part.

I understand that the results of the drug testing, if confirmed positive, will remove me from consideration for employment. I also understand that if I refuse to consent, I will be removed from further consideration for employment.

Further, I understand that, if employed by this Employer, I must abide by the terms of the Port Authority’s Drug and Alcohol Free Workplace Policy and may be required to submit to testing for the presence of illegal drugs or alcohol. I understand that submission to such testing as a condition of employment, and disciplinary action, up to and including discharge, may result if 1) I refuse to consent to such testing, 2) I refuse to execute all forms of consent and releases of liability as are usually and reasonably attendant to such examinations, 3) I refuse to authorize release of the test results to the Port Authority, if the tests establish a violation of the Port Authority’s Drug and Alcohol Free Workplace Policy, or, 4) I otherwise violate the policy.

I hereby consent to the administration of the drug test and to the terms and conditions of the consent agreement.

Applicant's Signature Date

Witness's Signature Date

EXHIBIT G

PROBLEM INDICATORS FOR SUPERVISORS

1. Pattern of Declining Overall Performance/Productivity

   
   

   • decreased work efficiency (rate and accuracy) as compared to past satisfactory performance

     
     

   • inconsistent work patterns

     
     

   • avoidance of assignment or responsibilities

     
     

2. Pattern of Poor or Declining Attitude Toward Job

   
   

   • isolation from co-workers and/or supervisors

     
     

   • increasingly negative comments about supervisors/employees/management organization

     
     

   • blaming others for changes in personal work performance

     
     

   • increased incidents of hostility toward fellow workers not previously shown

     
     

   • increased need for disciplinary action

     
     

   • decreased interest in the job

     
     

   • persistent requests for job transfer

     
     

   • overreaction to real or imagined criticism

     
     

3. Lapses in Concentration

   
   

   • difficulty recalling instructions

     
     

   • "forgetting" usual routine

     
     

   • drowsiness or sleeping on the job

     
     

   • declining accuracy of decision

     
     

   • pattern of poor or slow reactions

4. Reduced Work Hours

   
   

   • increased absenteeisms, especially on Mondays, after holidays and after paydays

     
     

   • increased tardiness or unexplained absences from the work station

     
     

   • increased or frequent use of sick leave

     
     

   • increasingly longer lunch hours and increased length and/or number of work breaks

     
     

   • early departures

     
     

5. Reduced Productivity

   
   

   • increased incidents of equipment damage

     
     

   • decreased quality of work produced

     
     

   • missed deadlines

     
     

   • decreased quality control standards as the work shift progresses

     
     

   • increased time necessary to produce same amount of work

     
     

6. Health Problems

   
   

   • increased or frequent complaints about health

     
     

   • increased use of medical benefits

     
     

   • increased sick days

     
     

   • noticeable change in physical/personal appearance (e.g., weight gain, weight loss, poor grooming)

     
     

7. Safety/Accident Record

   
   

   • increased accidents or injuries

     
     

   • increased risk-taking behavior

     
     

   • failure to use safety equipment

8. Behavior Changes

   
   

   • increased aggressiveness or defensiveness

     
     

   • decreased ability to receive constructive criticism

     
     

   • encounters with police

     
     

   • calls from creditors, letters of indebtedness

     
     

   • frequent mood changes or mood swings

     
     

   • increased isolation from other employees

EXHIBIT H

PROCEDURE FOR SUPERVISORS TO FOLLOW FOR EMPLOYEES WHO ARE BELIEVED TO BE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL OR TO HAVE CONSUMED DRUGS OR ALCOHOL ON EMPLOYER PREMISES

There may be instances when supervisors have reasonable cause to believe that an employee has consumed drugs and/or alcohol on Port Authority property or has reported to work under the influence of one or both and request a blood or urine screen even though the employee is not believed to be impaired. Refer to Exhibit G for indicators that an employee may have a drug or alcohol problem. The drug/alcohol screen is not intended to prove impairment but to confirm the presence of drugs or alcohol. This Policy does not require impairment in order to prove a violation. Drugs and alcohol are controlled substances and their use on or off Port Authority property can violate this Policy, whether or not impairment is suspected. If you have reason to consider requiring a drug or alcohol screen, use the following process to validate your reasons for considering testing:

1. Escort the employee personally to your office or other private area. Have another supervisor present as a witness, if at all possible.

   
   

2. Confront the employee with your reasons for suspecting drug and/or alcohol policy violations. Use the attached checklist (Exhibit G) to question and document information for the employee. Complete the form (Exhibit I). From the form and your conversation with the employee determine whether or not you believe the employee has either consumed drugs or alcohol on Port Authority premises or during work duty or is under the influence of either.

   
   

3. If after you have discussed this matter with your department head and you both conclude that the employee does not appear to be under the influence of alcohol or drugs, including controlled substances and prescription drugs, and the employee is able to perform regular work duties, have him/her return to work unit and resume work.

   
   

4. If you and your department head believe that the employee is under the influence of or has consumed drugs and/or alcohol on the Port Authority’s premises or during work duty, report this to the Administration Department Director. Upon approval, advise the employee that our rules may have been violated and that he/she is being requested to provide urine or blood sample for testing. Personally drive or have someone drive the employee (with the other supervisor still present) to an approved drug testing site.

   
   

5. Require the employee to read and sign a consent form (Exhibit J) agreeing to the urinalysis or blood test. Advise the employee that refusal to sign the form or give a specimen will be treated as a refusal to obey a direct order, and will constitute grounds for termination. Once the specimen is taken and initialed by the employee, suspend him/her pending test results and a review of the circumstances.

   
   

6. If the employee is considered to be impaired, make arrangements to have the employee taken home. Do no permit him/her to leave the premises or drive alone. If the employee refuses any assistance, make sure the witnessing Supervisor can verify that the employee refused such assistance. If the employee cannot control his/her actions and departs without assistance, you must call the local police or law enforcement agency to inform them of the employee's condition and refusal of assistance immediately. Tell the law enforcement agency the employee's name and a description of the automobile including the license number.

   
   

7. After any drug test which is based on reasonable suspicion, the supervisor should complete the Drug Abuse Investigation Report (Exhibit K). This must be done within seven (7) days of the test.

EXHIBIT I

DRUG AND ALCOHOL TEST DIRECTION FORM

I direct[ed] [Name of Employee] to take a drug and alcohol test pursuant to the Port Authority’s Drug and Alcohol Free Workplace Policy and Work Rules. This drug and alcohol test [is\was] required because of the following reason(s) (e.g., grounds for reasonable suspicion, accident, etc.):

The above stated reason(s) was\were also witnessed by:

Name(s) of Supervisor(s). Two Supervisors are required if reasonable suspicion is based upon observed irregular behavior. For accident or occupational injury, only one Supervisor is necessary.

EXHIBIT J

CONSENT TO EMPLOYEE TESTING

I understand that submission to testing for the presence of drugs and alcohol is a condition of employment with the Port Authority. I further understand that (1) if I refuse to take the test(s),

1. if I refuse to authorize release of the test results to the Port Authority, or (3) if the test(s) establish a violation of the Port Authority’s policies concerning drug and alcohol use, disciplinary action up to and including discharge may result. In addition, if I was injured on the job and test positive, I may forfeit my medical and indemnity benefits under Florida's Workers' Compensation Act upon exhaustion of the procedures in Section 440.102(5), Florida Statutes.

   
   

   By placing my initials in the blanks below, and by signing and dating this form, I consent to take the test(s) and authorize release of any test results to this Employer. I understand that I may be placed on temporary leave of absence pending results of said test(s). I understand that should my test(s) results be confirmed positive, I will be subject to disciplinary action up to and including discharge.

   
   

   By signing this form, I hereby release to the Port Authority the results of the test(s) to which I have consented. I further authorize the Port Authority to discuss the results with medical personnel/physician collecting the specimen, the testing facility, its directors, officers, agents and employees responsible for administering the aforementioned test(s) or evaluating the results thereof and any of them herein and to use the test results as a defense to any legal action to which I am a party.

   
   

   I further release any testing facility or any physicians who have tested me from any liability arising from a release of any and all results, written reports, medical records and data concerning my test(s) to the Port Authority.

   
   

   I agree to take the following test(s) and to have the results released to this Employer:

   1. Blood test

   2. Urinalysis test

   3. Hair test

(initials)

(initials)

(initials)

Employee's Signature Date

Witness's Signature Date

I hereby refuse to consent to testing for the presence of drugs and/or alcohol.

Employee's Signature Date

Witness's Signature Date

EXHIBIT K

SUBSTANCE ABUSE INVESTIGATION REPORT

On the date of , I have observed certain condition(s) affecting the work of

which gave rise to suspicion of possible drug abuse. The Drug and Alcohol Test Direction Form was filled out indicating the observed behaviors and signed by the appropriate individuals.

The following explains the facts as to what occurred once the direction to provide a test was initiated:

Supervisor's Signature Date

EXHIBIT L

EMPLOYEE RANDOM DRUG TESTING NOTICE

You, _ , have been randomly selected to undergo a random drug test. This random drug test is authorized under Section 440.102(4)(b), Florida Statutes, the Port Authority’s Drug and Alcohol Free Workplace Policy and Work Rules and/or federal law.

The Port Authority selects employees for random drug testing by a scientifically valid method such as a computer generated random number table. Each employee within a group subject to random drug testing shall have an equal chance of being selected each time selections are made. Additional rules and/or restrictions may be set forth in federal law. In cases where the requirements of federal law may be applicable, the requirements of federal drug and alcohol laws and regulations will control if a conflict arises.

If you refuse to complete and sign a Drug Testing Chain of Custody Form, you will be considered to have refused to submit to random drug testing. This refusal is subject to disciplinary action up to and including dismissal.

If you do not appear at the collection site within the specific time frame, you will be considered to have refused to submit to drug testing. You will be subject to disciplinary action up to and including dismissal for failure to report to the collection site unless you provide sufficient justification for failure to appear, subject to approval by the Administration Department Director.

An employee who receives a positive confirmed drug test result may contest or explain the result to the MRO or the Port Authority within five (5) days after written notification of the positive test result. If the explanation or challenge is unsatisfactory, a written explanation will be given to the employee. If the employee’s challenge is unsatisfactory to the MRO or the Port Authority, the employee may have the right to contest the test results pursuant to rules adopted by the Florida Division of Workers’ Compensation or in a court of competent jurisdiction.

All information, interviews, reports, statements, memoranda, and drug test results (written or otherwise) received by the Port Authority through a drug testing program are confidential communications and will not be used or received in evidence, obtained in discovery, or disclosed in any public or private proceedings, unless brought pursuant to this policy or otherwise allowed by law.

The names, addresses, and telephone numbers of employee assistance programs and local alcohol and drug rehabilitation programs are available from the Administration Department.

Any questions regarding this drug testing policy statement should be directed to the Administration Department.

I hereby certify that I understand the conditions of random drug testing.

Name Date

Print Name

cc: Employee; File

EXHIBIT M

PORT AUTHORITY RANDOM DRUG & ALCOHOL TESTING NOTIFICATION

Employee:

Employee Number:

Job Title:

Division Number:

Test

Date (Notified): Time (Notified):

You have been selected for random Drug & Alcohol Testing.

You must report to within the ONE HOUR time limit indicated below. The telephone number for is .

Appointment Date and Time: [date] between [hours]

This form must be returned to your supervisor as soon as you return to work.

You should retain ALL FORMS labeled “EMPLOYEE RETAINS” for your records. The testing facility will provide the Port Authority with all “EMPLOYER COPIES”.

Test Authority: DOT/FTA Non-DOT DOT/FMCSA Non-Federal

THIS SECTION TO BE COMPLETED BY TESTING FACILITY

Please return this form to the employee when all tests are completed.

All DOT testing is conducted under FTA regulations (49 CFR Part 40 and Part 655).

*[Notify DER immediately if alcohol confirmation result is over .02.

EXHIBIT N

LIST OF DRUGS BY TRADE OR COMMON NAMES

DRUGS TRADE OR COMMON NAMES

Narcotics

Opium Dover's Powder, Paregoric, Parepectolin, Laudanum

Morphine Morphine, Pectoral Syrup, Roxanol, Duramorph

Codeine Tylenol with Codeine, Empirin Compound with

Codeine, Robitussin A-C, Fiorinal with Codeine

Heroin Diacetylmorphine, Horse, Smack

Hydromorphone Dilaudid

Meperidine (Pethidine) Demerol, Mepergan

Methadone Dolophine, Methadone, Methadose, Amidone

Other Narcotics LAAM, Leritine, Numorphan, Percodan, Tussionex, Fentanyl, Darvon, Talwin, Lomotil

Depressants

Chloral Hydrate Noctec, Somnos

Barbiturates Phenobarbital, Tuinal, Amytal, Nembutal, Seconal, Lotusate, Barbs

Benzodiazepines Ativan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tranxene, Valium, Verstran, Halcion, Paxipam, Restoril, Rohypnol, Roofies, Tranks, Xanax

Methaqualone Quaalude, Ludes

Glutethimide Doriden

Other Depressants Equanil, Mil, Noludar, Placidyl, Valmid, Alcohol

Stimulants

Cocaine Coke, Flake, Snow, Crack, Rocks

Amphetamines Biphetamine, Delcobese, Desoxyn, Dexedrine, Mediatric, Black Beauties, Crosses, Hearts

Phenmetrazine Preludin

Methylphenidate Ritalin

Methamphetamine Desoxyn, Crank, Crystal, Glass, Ice, Speed

26981/001/01645097.DOCXv5 42

September 29, 2020

AGENDA ITEM 2.: MAINTENANCE DEBRIS AND MATERIAL REMOVAL AT

BERTHS 4, 5, 6, AND 10

BACKGROUND:

The Port’s inner basin was recently dredged under a Memorandum of Agreement (MOA) with the Department of Army (DOA). The DOA will not dredge within 25 feet of the berth’s wall. That area must be dredged due to vessel restrictions placed at certain depths. The work area includes berths 4, 5, 6 and 10. An Invitation to Bid was published on September 2, 2020, with the bid opening held on September 28, 2020. Two bids were received. The lowest, responsive bidder is Orion Marine Construction, Inc. with a base bid of $107,173 plus $1,805 per hour of productive work. A fee of 20 hours’ productive work is required to earn the base fee. An additional 60 hours is requested for contingency to avoid additional mobilization and demobilization charges. The additional 60 hours, if needed, will be assessed by Port staff and discussed with the Executive Director.

ATTACHMENT:

Bid tabulation

Contract will be available pending receipt of all contract documents

COST AND FUNDING SOURCE:

Port cash in the amount of $143,27 plus up to an additional $108,300, if needed

CONSEQUENCES IF DEFERRED:

Restriction of use of the berths

LEGAL COUNSEL REVIEW: Pending RECOMMENDATION:

Move to approve and authorize the Chairman to execute the contract in the base amount of

$143,273 plus up to an additional $108,300 between the Manatee County Port Authority and Orion Marine Construction, Inc. for the maintenance debris and material removal within 25 feet in front of the face of the berth at berths 4, 5, 6 and 10, subject to the receipt of all contract documents.

Tabulation Sheet 2020

Berth Areas Maintenance Debris & Material Removal

1 of 1 Berth Areas Maintenance Debris & Material Removal 9/28/2020