A meeting of the Manatee County Port Authority will be held on Thursday, October 18, 2018 at 08:30 a.m., or as soon thereafter as is practicable in the third floor meeting room of the Port Manatee Intermodal Center, 1905 Intermodal Circle, Palmetto, FL 34221, located at the intersection of South Dock Street and Reeder Road at Port Manatee.

Anyone wishing to attend this meeting who does not have an appropriate Port Manatee identification badge may enter Port Manatee by the north or south gate by displaying photo identification, generally a

driver’s license.

MANATEE COUNTY PORT AUTHORITY AGENDA

October 18, 2018 – 08:30 a.m.

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

CALL TO ORDER

Invocation – Tim Huppert, Anchor House Pledge of Allegiance

Audience Introductions Public Comments

1. Employee Recognition

   
   

2. Consent Agenda

   
   

3. Berth Area Maintenance Debris and Material Removal Addendum

   
   

4. Design Modification of Loading Docks at Warehouse 2

   
   

5. Executive Director Evaluation Discussion

Executive Director Comments Public Comments Commissioner Comments

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

Vanessa Baugh, Chairman

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

October 18, 2018

AGENDA ITEM 1.: EMPLOYEE RECOGNITION

Virginia Zimmermann -5 years Senior Communications Manager

October 18, 2018

1. CONSENT AGENDA

   
   

   1. Warrant List

      
      

   2. Minutes September 20, 2018

      
      

   3. Budget Resolution

      
      

   4. First Amendment to Port Manatee Legal Services Agreement

      
      

   5. Deletion of Port Assets

      
      

   6. Notice of Port Authority Meetings Schedule

      
      

   7. Uncollectible Account

      
      

   8. 2018 Port Security Grant Program Agreement

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 Listing

09/13/2018 to 10/10/2018

OH_Warrant_List_BCC_Vend 1

Manatee County Port Authority Warrant Listing

09/13/2018 to 10/10/2018

OH_Warrant_List_BCC_Vend 2

Manatee County Port Authority Warrant Listing

09/13/2018 to 10/10/2018

Total warrants for period reported 2,770,230.92

OH_Warrant_List_BCC_Vend 3

MANATEE COUNTY PORT AUTHORITY REGULAR MEETING

PORT MANATEE INTERMODAL CENTER, THIRD FLOOR

1905 Intermodal Circle Palmetto, Florida SEPTEMBER 20, 2018

Present were:

Vanessa Baugh, Chairman

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

Carol Whitmore

Priscilla Whisenant Trace

Absent was:

Betsy Benac, Second Vice-Chairman

Also present were:

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

Vicki Ayes, Accounting Manager Clerk of the Circuit Court Julie Jensvold, Finance Department, Clerk of the Circuit Court

Vicki Tessmer, Board Records Supervisor, Clerk of the Circuit Court Chairman Baugh called the meeting to order at 10:00 a.m.

INVOCATION AND PLEDGE OF ALLEGIANCE

The Invocation was delivered by Reverend Allen Howe, followed by the Pledge of Allegiance.

AGENDA PA20180920DOC001

INTRODUCTIONS

Members of the Audience introduced themselves.

Reverend Lawrence Livingston discussed the park at the 88 Acres.

Chairman Baugh noted the Army Corps of Engineers has confirmed there are no issues with soil, and plans are moving forward with the park.

There being no additional citizen comments, Chairman Baugh closed citizen comments.

1. EMPLOYEE RECOGNITION

   Carlos Buqueras, Executive Director, recognized Scott Davies, Deputy Director of Operations and Maintenance for his 30 years of service.

   
   

   Mr. Davies thanked the Port Authority.

   
   

   Discussion ensued regarding Mr. Davies’ commitment to the Port PA20180920DOC002

   
   

   PA MB 2018/26

   SEPTEMBER 20, 2018 (Continued)

   
   

2. CONSENT AGENDA PA20180920DOC003

   Mr. Buqueras stated there was a rounding error for Budget Resolution PA-18-15, changing the amount from $6,910 to $6,911.

   
   

   A motion was made by Member Trace, seconded by Jonsson, and carried 6 to 0, with Member Benac absent, to approve the Consent Agenda incorporating the language as stated in the recommended motions on the cover sheets for the Consent Agenda and with the change to item 2.C.

   
   

   1. WARRANT LIST

      Accepted the Warrant Listing from August 8, 2018 to September 12, 2018

      PA20180920DOC004

   2. MINUTES

      Approved the minutes of August 16 and 23, 2018 PA20180920DOC005

   3. BUDGET RESOLUTION

      Adopted Budget Resolution PA-18-15 PA20180920DOC006

   4. WAREHOUSE 10 ROOF SEALING

Executed the Contract for Warehouse 10 Roof Sealing Project with US Coating Specialists, $159,033.40 PA20180920DOC007

EXECUTIVE DIRECTOR COMMENTS PA20180920DOC008

• Port staff visited Your Dekalb Farmers Market, Decator Georgia, owned by the same family as port tenant World Direct Shipping

  
  

  David Sanford, Deputy Executive Director, described their visit to the Market and the role of Port Manatee in delivering goods.

  
  

  Discussion ensued regarding expanding the Market to Manatee County, the market runs year round, although product may be seasonal, World Direct Shipping is adding a second ship, 20 percent of what is brought in, remains at the Market, and product also goes to Sysco and Lakeland.

  
  

• Propeller Club Back to School Night fundraiser was held at the Bradenton Yacht Club and supplies were donated to Tillman and Palm View Elementary Schools

  
  

  David St. Pierre, Deputy Director of Seaport Security, explained there are Propeller Clubs all over the world.

  
  

• Florida Ports Council Annual Board Meeting took place in St. Petersburg September 4-6, 2018

• Upcoming Trade Hub event: Meet the Trade Commissioner of Peru, September 27-28, 2018

  
  

  Ivan Mutas, International Trade Hub, discussed the plans for the event, and the Commissioner will bring 10 companies to promote their products.

  
  

  Discussion ensued that these events take the place of Enterprise Florida,

  
  

• International Trade Hub inbound Business Development Trip was successful

  
  

  PA MB 2015/27

  SEPTEMBER 20, 2018 (Continued)

  
  

  Mr. Mutas explained that six of the companies have signed up for the International Trade Hub and are bringing business to Manatee County. They are trying the same type of event for other countries.

  
  

• Port Security attended the Customs-Trade Partnership Against Terrorism conference, September 12, 2018 in Orlando.

  
  

  Mr. St. Pierre discussed the process to help expedite procedures with security, including TSA pre-check for cargo.

  
  

  Discussion ensued regarding the Port being a leader with security, and several agencies send their employees to Port Manatee for security training.

  
  

• David St. Pierre trains Joint Service Military Group, September 11-12, 2018

  
  

  Mr. St. Pierre briefed the Authority on the training and discussed his past training and experience that has led to the Port Security training program.

  
  

• Governor Rick Scott announced the Florida Fish and Wildlife Conservation Commission (FWC) awarded an additional $1.2 million for the redfish hatchery to help mitigate impacts from red tide

  
  

  Chris Young, FWC, stated part of their mission is to help address impacts of occurring red tide on sport fish. The experimental tanks will be updated and they will start releasing redfish. Upon question Mr. Young stated funding is in place and designs have begun for a new facility, and more fisheries are moving their hatcheries to indoor facilities. There is not a large problem with predators. Fish are usually released in the rivers, and do not leave the river for five to six months.

  
  

  FLORIDA DEPARTMENT OF TRANSPORTATION

  Secretary LK Nandam, Florida Department of Transportation, District 1 Secretary, stated his intent is to learn what is going on at Port Manatee. He strives to partner with communities and understand the challenges they are facing. He looks forward to working with the Port. Upon question he responded that the central office determines how requests are granted.

  
  

  Discussion ensued regarding thanking FDOT for their assistance with grants, ports are key to keeping the economy going, road condition surveys, funds allocated to maintenance of roads, surfacing dollars,

  
  

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

  
  

  MEMBER COMMENTS

  Member Whitmore

  • Thanked Secretary Nandam for his response to issues

    
    

    Member Smith

  • Thanked Secretary Nandam for his efforts

    
    

    Member DiSabatino

  • Questioned if there are any new seagrass mitigation efforts

    
    

    PA MB 2015/28

    SEPTEMBER 20, 2018 (Continued)

    
    

    Mr. Buqueras stated the clam program is designed to enhance the seagrass areas.

    
    

    Mr. Sanford stated the Gulf Shellfish Institute project, is concentrating efforts with seagrass, and there are discussions regarding expanding mitigation programs around the Port. There are a number of different seagrasses, and they must be compatible with the planting area.

    
    

  • Questioned the status of the Marine Highway (M10)

    
    

    Mr. Sanford stated a new group is considering barge fleeting out of Port Manatee.

    
    

  • Noticed the increased business at the Port

  • Thanked Port Council Jennifer Cowen for her efforts

  • Inquired if there are any excess containers for container homes

    
    

    Mr. Buqueras explained the containers are purchased by the companies, and they could be sold after they are no longer useful.

    
    

    Member Jonsson

  • Inquired if there was any impact to the Port from Hurricane Florence

    
    

    Mr. Buqueras stated there has not been a direct impact to Port Manatee, but staff was ready to help if there was a need.

    
    

    Chairman Baugh

  • Reminded Members it is time to review Mr. Buqueras’ performance

ADJOURN

There being no further business, Chairman Baugh adjourned the meeting at 11:14 a.m. Minutes Approved:

PA MB 2015/29

October 18, 2018

CONSENT

AGENDA ITEM 2.C: BUDGET RESOLUTION BACKGROUND:

This resolution decreases the budget of the completed PSGP 2015 project for the purchase of two generators. It also increases the maintenance dredging project $128,000 for additional dredging fees to remove solid debris at berths currently restricted by the pilots.

ATTACHMENT:

Budget Resolution PA-19-02.

COST AND FUNDING SOURCE:

FDOT proceeds of $96,000 and $32,000 Port SIB loan.

CONSEQUENCES IF DEFERRED:

Delay in budget allocations

LEGAL COUNSEL REVIEW: N/A

RECOMMENDATION:

Move to adopt Budget Resolution PA-19-02.

RESOLUTION PA-19-02 AMENDING THE ANNUAL BUDGET

FOR MANATEE COUNTY PORT AUTHORITY FOR FISCAL YEAR 2018-2019

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 2018-2019 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 18th day of October, 2018.

ATTEST: ANGELINA M. COLONNESO MANATEE COUNTY PORT AUTHORITY

CLERK OF CIRCUIT COURT

By:

BUDGET ADMENDMENT RESOLUTION NO. PA-19-02 AGENDA DATE: October 18, 2018

1. Fund: PSGP 2015 Port

   
   

   Section: Generator purchase

   
   

   Description: Decreases the budget of the completed PSGP 2015 project for the purchase of two generators.

   
   

   Batch ID: BADS1018/J Reference: BU19000066

   
   

2. Fund: FDOT – 75% Port – 25%

   
   

   Section: Maintenance Dredging

   
   

   Description: Budgets an additional $128,000 in the maintenance dredging project to remove remaining high spots.

   
   

   Batch ID: BADS1018/J Reference: BU19000068

   October 18, 2018

   
   

   CONSENT

   AGENDA ITEM 2.D.: FIRST AMENDMENT TO PORT MANATEE LEGAL SERVICES AGREEMENT

   
   

   BACKGROUND:

   
   

   On March 21, 2013, the Authority approved the legal services agreement between the Port Authority and Lewis, Longman & Walker, P.A. (LLW). The agreement stipulates increases in the hourly rate through fiscal year 2015. In 2015, given the financial condition of the Port at that time, LLW did not take the stipulated annual increase. LLW’s hourly rate remained at $190, and it continues at that rate as of today. The request is to increase the hourly rate for all firm attorneys for general counsel services to $225, effective November 1, 2018 through September 30, 2023. Port staff approves of the increase.

   
   

   ATTACHMENTS:

   
   

   First Amendment to Port Manatee Legal Services Agreement

   
   

   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 Port Manatee Legal Services Agreement between the Port Authority and Lewis, Longman & Walker, P.A.

   
   

   
   

   01049133-1

   

   

   
   

   

   October 18, 2018

   
   

   CONSENT

   AGENDA ITEM 2.E.: DELETION OF PORT ASSETS BACKGROUND:

   Assets which are no longer in use due to obsolescence, working condition and/or trade-ins should be removed from the Manatee County Port Authority Fixed Assets Listing as described in the attached list.

   
   

   ATTACHMENT:

   
   

   Asset Deletion - October 18, 2018

   
   

   COST AND FUNDING SOURCE:

   
   

   N/A.

   
   

   CONSEQUENCES IF DEFERRED:

   
   

   Delay in updating property records.

   
   

   LEGAL REVIEW: N/A

   
   

   RECOMMENDATION:

   
   

   Remove the assets as listed in the attached Asset Deletion – October 18, 2018 from the Fixed Assets Listing.

   
   

   Asset Deletion - October 18, 2018

   
   

   ASSET #

   DESCRIPTION SERIAL/VIN# Date

   Purchased

   
   

   Cost

   
   

   Value

   
   

   Status/Condition

   
   

   25104	Saw w/case	8228-E54	9/22/1987	$1,480.76	$0.00	Obsolete
   25110	Rail Drill	APC8111	9/22/1987	$1,400.76	$0.00	Obsolete
   31275	Tram	N/A	10/25/1993	46,482.60	$0.00	Obsolete
   39582	Air Compressor	529/9022	9/30/1999	$10,475.00	$0.00	Obsolete
   41643	Defibrillator	808265	10/20/2000	$3,525.62	$0.00	Obsolete
   42843	Fire Pumper Truck-1970	C90LVJ64187	9/20/2001	$7,000.00	$0.00	Obsolete
   44396	Flat Rack Container 40'	SCXU438952-8	9/30/2002	$8,383.33	$0.00	Obsolete
   44588	Tram Wheelchair Platform	N/A	11/8/2002	8,258.24	$0.00	Obsolete
   47353	Fire Nozzle	47353	12/10/2004	$2,100.00	$0.00	Obsolete
   47537	Orion Radio	23505321	3/17/2005	2,833.92	$0.00	Missing/Report 2018-024060
   47645	Projector Toshiba	68639051	3/14/2005	$2,830.15	$0.00	Obsolete
   47804	Copier	M3020968	5/4/2005	$11,615.00	$0.00	Obsolete
   48732	HP PC DC5000	2UB54506XH	12/12/2005	1,082.50	$0.00	Obsolete
   50423	HP PC DC7600	2UA64705MV	12/13/2006	1,091.00	$0.00	Obsolete
   54239	Copier	QCM9602250	3/30/2010	4,650.00	$0.00	Obsolete
   55180	4,000 Feet Oil Boom	N/A	5/31/2011	-	$0.00	Good; will be donated
   58232	Phone, Avaya	0004F2F6C1CD	6/17/2014	1,407.89	$0.00	Not working
   58233	Phone, Avaya	0004F2F6C1FE	6/17/2014	1,407.89	$0.00	Not working
   58234	Phone, Avaya	0004F2F6C30B	6/17/2014	1,407.89	$0.00	Not working
   58681	Phone, Avaya	14N523303892	9/30/2014	1,169.10	$0.00	Not working

   October 18, 2018

   
   

   CONSENT

   AGENDA ITEM 2.F.: NOTICE OF PORT AUTHORITY MEETINGS SCHEDULE

   
   

   BACKGROUND:

   
   

   The Port Authority, as a special district, is required by Section 189.015 of the Florida Statutes to publish a schedule of the Authority’s regular meetings. The Authority annually adopts a Resolution scheduling its meetings for the fiscal year and has the Resolution published in the Bradenton Herald. It is now appropriate to adopt and publish Resolution PA-19-01, a schedule of the Port Authority’s meetings for fiscal year 2018-2019.

   
   

   ATTACHMENT:

   
   

   Resolution PA-19-01 giving notice of Authority meetings.

   
   

   COST AND FUNDING SOURCE:

   
   

   N/A.

   
   

   CONSEQUENCES IF DEFERRED:

   
   

   Delay in complying with Section 189.015 of the Florida Statutes.

   
   

   LEGAL COUNSEL REVIEW: Yes

   
   

   RECOMMENDATION:

   
   

   Move to adopt Resolution PA-19-01 and instruct the Executive Director of the Port Authority to cause of a copy of said resolution to be published in the Bradenton Herald, in accordance with the requirements of section 189.015, of the Florida Statutes.

   RESOLUTION PA-19-01

   
   

   RESOLUTION OF THE MANATEE COUNTY PORT AUTHORITY GIVING NOTICE OF MEETINGS THEREOF.

   
   

   BE IT RESOLVED by the Manatee County Port Authority that:

   
   

   1. Regular meetings of said Port Authority shall be scheduled for the 3rd Thursday of each month, except for June and July, beginning at 9 a.m., or as soon thereafter as same may be commenced, in the meeting room on the 3rd floor of the Port Manatee Intermodal Center, 1905 Intermodal Circle, Palmetto, Florida, located at the intersection of South Dock Street and Reeder Road at Port Manatee, north of Palmetto, Florida on U.S. Highway 41. During the month of June and July, there shall be no regular meeting of said Port Authority.

      
      

   2. Meetings of said Port Authority shall be scheduled for each Tuesday beginning at 9 a.m., or as soon thereafter as same may be commenced, in County Commission chambers on the 1st floor of the Manatee County Administrative Center, 1112 Manatee Avenue West, Bradenton, Florida, during each regularly scheduled Tuesday meeting of the Board of County Commissioners of Manatee County, Florida.

      
      

   3. Special meetings of said Port Authority may be scheduled to be held in the meeting room on the 3rd floor of the Port Manatee Intermodal Center, 1905 Intermodal Circle, Palmetto, Florida, located at the intersection of South Dock Street and Reeder Road at Port Manatee, north of Palmetto, Florida on U.S. Highway 41; in County Commission chambers on 1st floor of the Manatee County Administrative Center, 1112 Manatee Avenue West, Bradenton, Florida; or any other accessible public facility in Manatee County, Florida as determined from time to time by the Port Authority and publicly announced.

      
      

   4. Said Port Authority may consider and take action on any matter at a meeting of said Port Authority, including, but not limited to, matters listed on the agenda for a Port Authority meeting if such change in the schedule of the agenda in the discretion of the Chairman will expedite the business of the Port Authority.

      
      

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

      
      

   6. A copy of this resolution shall be published once in the Bradenton Herald, a newspaper of general paid circulation in Manatee County, Florida, in the section where legal notices and classified advertisements appear.

      
      

   7. Resolution PA-18-02 adopted November 14, 2017, giving notice of meetings of said Port Authority is hereby canceled.

ADOPTED with a quorum present and voting this the 18th day of October, 2018. ATTEST: ANGELINA M. COLONNESO MANATEE COUNTY PORT AUTHORITY

CLERK OF CIRCUIT COURT

By:_

Chairman

October 18, 2018

CONSENT

AGENDA ITEM 2.G.: UNCOLLECTIBLE ACCOUNT BACKGROUND:

Annually, port staff with the Clerk of the Circuit Court’s office review accounts receivable to determine accounts deemed uncollectible. Only one account in the amount of $100.00 has been deemed uncollectible.

ATTACHMENT:

Manatee County Port Authority Uncollectible Accounts - 2018.

COST AND FUNDING SOURCE:

N/A.

CONSEQUENCES IF DEFERRED:

N/A

LEGAL COUNSEL REVIEW: N/A

RECOMMENDATION:

Move to approve for write-off in the amount of $100.00 the account listed on the Manatee County Port Authority Uncollectible Account – 2018.

October 18, 2018

CONSENT

AGENDA ITEM 2.H: 2018 PORT SECURITY GRANT PROGRAM

AGREEMENT

BACKGROUND:

The Department of Homeland Security has awarded the Authority $326,456 (or 75% of project costs) under the 2018 Port Security Grant Program (PSGP) for the upgrade of the TWIC Access Control System software. As a condition of the grant, the Port is obligated to contribute 25% (or $108,819), bringing the total project costs to $435,275. The accepted agreement is presented to enter into the records.

ATTACHMENT:

Agreement No. EMW-2018-PU-00218-S01

COST AND FUNDING SOURCE:

FEMA grant funding of $326,456 and $108,819 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-2018-PU-00218-S01from FEMA for the upgrade of the TWIC Access Control System software.

Award Letter

David St. Pierre

Manatee County Port Authority 300 Tampa Bay Way

Suite 1

Palmetto, FL 34221 - 6608

Re: Grant No.EMW-2018-PU-00218

Dear David St. Pierre:

U.S. Department of Homeland Security

Washington, D.C. 20472

Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance submitted under the Fiscal Year (FY) 2018 Port Security Grant Program has been approved in the amount of $326,456.00. As a condition of this award, you are required to contribute a cost match in the amount of $108,819.00 of non-Federal funds, or 25 percent of the total approved project costs of $435,275.00.

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 2018 Port Security Grant Program Notice of Funding Opportunity.

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 ht1Q.:// www.sam._go v.

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 use to make the necessary updates and avoid any interruptions in the payment process.

/V-¢,

t

, ....-i 'I

/-?1-t

THOMAS GEORGE DINANNO GPO Assistant Administrator

Agreement Articles

Sat Sep 01 00:00:00 GMT 2018

GRANTEE: PROGRAM:

AGREEMENT NUMBER:

U.S. Department of Homeland Security

Washington, D.C. 20472

AGREEMENT ARTICLES

Port Security Grant Program

Manatee County Port Authority Port Security Grant Program EMW-2018-PU-00218-S01

TABLE OF CONTENTS

Article I Summary Description of Project

Article II Disposition of Equipment Acquired Under the Federal Award

Article Ill Acceptance of Post Award Changes

Article IV Procurement of Recovered Materials

Article V Whistleblower Protection Act

Article VI Use of OHS Seal, Logo and Flags

Article VII USA Patriot Act of 2001

Article VIII Universal Identifier and System of Award Management

(SAM)

Article IX Reporting of Matters Related to Recipient Integrity and Performance

Article X Rehabilitation Act of 1973

Article XI Trafficking Victims Protection Act of 2000

Article XII Terrorist Financing

Article XIII SAFECOM

Article XIV Article XV

Reporting Subawards and Executive Compensation

Debarment and Suspension

Article XVI Copyright

Article XVII Civil Rights Act of 1964 - Title VI

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

Article XIX Americans with Disabilities Act of 1990

Article XX Age Discrimination Act of 1975

Article XXI Activities Conducted Abroad

Article XXII Acknowledgment of Federal Funding from OHS

Article XXIII OHS Specific Acknowledgements and Assurances

Article XXIV Assurances, Administrative Requirements, Cost Principles, and Audit Requirements

Article XXV Article XXVI

Patents and Intellectual Property Rights Notice of Funding Opportunity Requirements

Article XXVII Non-supplanting Requirement

Article XXVI11 Nondiscrimination in Matters Pertaining to Faith-Based Organizations

Article XXIX National Environmental Policy Act

Article XXX Lobbying Prohibitions

Article XXXI Article XXXII Article XXXll1

Limited English Proficiency (Civil Rights Act of 1964, Title VI) Hotel and Motel Fire Safety Act of 1990

Fly America Act of 1974

Article XXXIV Federal Leadership on Reducing Text Messaging while Driving

Article XXXV Federal Debt Status

Article XXXVI False Claims Act and Program Fraud Civil Remedies

Article XX.XVII Energy Policy and ConseNation Act

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

Article XXXIX Duplication of Benefits

Article XL Drug-Free Workplace Regulations

Article XLI Civil Rights Act of 1968

Article XLII Prior Approval for Modification of Approved Budget

Article XLIII EHP

Article XLIV Hold on Specific Funds - ProjecUlnvestment

Article I - Summary Description of Project

Project 1: TWIC Access Control System Upgrade is fully funded for $326,456.

Article II - 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 Ill - 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 ._g_ov if you have any questions.

Article IV - Procurement of Recovered Materials

Recipients must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. 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 V - 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. 4712, and 10 U.S.C. Section 2324, 41 U.S.C. Sections 4304 and 4310.

Article VI - Use of DHS Seal, Logo and Flags

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

Article VII - USA Patriot Act of 2001

Recipients must comply with requirements of the Uniting and Strengthenin_g_America bdroviding Appropriate Tools Required to lnterce_Qt and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. Sections 175-175c.

Article VIII - Universal Identifier and System of Award Management (SAM)

October 18, 2018

AGENDA ITEM 3.: BERTH AREAS MAINTENANCE DEBRIS AND

MATERIAL REMOVAL ADDENDUM

BACKGROUND:

On August 23, 2018, the Authority approved the Contract for Berth Areas Maintenance Debris and Material Removal between the Manatee County Port Authority and Quality Marine Construction, Inc., (Quality) in the total amount of $183,000 to extract debris at certain berths which have draft restrictions placed by the pilot. Certain high spots remain which will require equipment able to reach and lift the remaining debris. A barge with a 100-ton crane has been determined the best method to remove the solid debris. Request is to approve an additional $128,000 to remove the remaining debris.

ATTACHMENT:

Quality Marine Construction, Inc. Proposal

COST AND FUNDING SOURCE:

$96,000 of FDOT proceeds and $32,000 of Port SIB Loan

CONSEQUENCES IF DEFERRED:

Loss of revenue due to restrictions placed at berths

LEGAL COUNSEL REVIEW: Yes

RECOMMENDATION:

Move to approve the additional fees of $128,000 to Quality Marine Construction, Inc., for debris removal at restricted berths, subject to the review and approval of FDOT.

PROPOSAL

ADDRESS

George Isiminger Port Manatee

1705 Piney Point Rd Palmetto, FL 34221

Quality Marine Construction, Inc

4212 Pinfish Lane

Palmetto, FL 34221

(941)531-3550

qmc.mfowler@gmail.com

PROPOSAL # 1633

DATE 10/17/2018

Thank you for the opportunity to bid on your job! TOTAL $128,000.00

Accepted By Accepted Date

October 18, 2018

AGENDA ITEM 4.: DESIGN MODIFICATION OF LOADING DOCKS

AT WAREHOUSE 2

BACKGROUND:

On July 24, 2018, the Authority approved RS&H for warehouse 2’s loading docks design, permitting, and construction phase services in the amount of $140,012. Port staff has requested that RS&H include a movable ramp in the design as well as a more complicated structural and civil site design based on the geotechnical soil discovery. A supplemental quote in the amount of $11,919.00 has been submitted by RS&H for consideration. FDOT has approved the additional fees.

ATTACHMENT:

Supplemental scope

COST AND FUNDING SOURCE:

FDOT grant funding and Port cash in the amount of $5,959.50 or 50%, each.

CONSEQUENCES IF DEFERRED:

Delay in addition the design of a movable ramp at warehouse 2

LEGAL COUNSEL REVIEW: Yes RECOMMENDATION:

Move to approve an increase of $11,919.00 to RS&H, Inc.’s purchase order for the additional costs for the warehouse 2 design modifications to include a movable ramp and structural design changes.

October 18, 2018

AGENDA ITEM 5.: EXECUTIVE DIRECTOR EVALUATION DISCUSSION

BACKGROUND:

On February 15, 2018, the Authority entered into an Employment Agreement with Mr. Carlos Buqueras subsequently amended on June 12, 2018, by the First Amendment to Employment Agreement. The Employment Agreement provides for annual evaluations of the Director’s performance of his duties and responsibilities including all performance measures, goals and objectives established between the Authority and the Director. The Authority’s legal counsel provided a short-form evaluation to the Authority Members and written comments are summarized for discussion.

ATTACHMENT:

N/A

COST AND FUNDING SOURCE:

N/A

CONSEQUENCES IF DEFERRED:

N/A

LEGAL COUNSEL REVIEW: Yes

RECOMMENDATION:

N/A